CLB Minutes 05/19/2021 May 19, 2021
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
May 19, 2021
Naples, Florida
LET IT BE REMEMBERED that the Collier County Contractors' Licensing Board, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F,
"3rd Floor, Collier County Government Complex,Naples, Florida, with the following Members present:
Chair: Matthew Nolton
Vice Chair: Terry Jerulle
Members: Richard E. Joslin
Patrick G. White
Todd Allen (excused absence)
Kyle Lantz
Robert Meister III (absent)
Joseph Coleman(excused absence)
ALSO PRESENT:
Kevin Noell, Esq. -Attorney for the Contractors' Licensing Board
Timothy Crofts—Contracting License Supervisor
Colleen Kerins—Assistant Collier County Attorney
Michael Governale—Collier County License Compliance Officer
Michael Bogert—Collier County License Compliance Officer
Patrick Bero—Collier County License Compliance Officer
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May 19, 2021
Any person who decides to appeal a decision of this Board will need a record of the proceedings and
may need to ensure that a verbatim record of said proceedings is made, including the testimony and
evidence upon which any appeal is to be made.
1. ROLL CALL:
Matthew Nolton, Board Chair, opened the meeting at 9:05AM.
Roll Call was taken; Five (5)Members were present in the BCC Chambers.
• Robert Meister III—was absent from the meeting.
A quorum was established at roll Call;five (5) voting Members were present at the start of the
meeting.
2. ADDITIONS OR DELETIONS:
Addition of Guidelines for Contractor Public Hearing under Discussion.
3. APPROVAL OF AGENDA:
Mr. Lantz moved to approve the agenda; Mr. White offered a second in support of the motion.
Carried unanimously 5-0.
4. APPROVAL OF MINUTES:
A. APRIL 21,2021
Mr. White moved to approve the Minutes of the April 21, 2021 meeting with the noted exceptions
below;Mr. Joslin offered a second in support of the motion. The following exceptions were noted.
1. Correct the grammatical error on Page 10, changing Commissioner's to Commissioners'. 2.
Mr.Meister was absent at the April 21, 2021 meeting and asked that the Minutes be changed from
absent to an excused absence. Carried unanimously 5-0. Minutes were approved as amended.
5. PUBLIC COMMENTS:
A. (None)
6. DISCUSSION:
A. PUBLIC HEARING PROCEDURES OF THE COLLIER COUNTY CONTRACTOR
LICENSING BOARD
Mr. Noell, Esq.,Attorney for the Contractors'Licensing Board, reported that two (2) documents
were created to streamline the process for Public Hearings. These documents would be included
with the evidentiary packet provided for the hearing. The first document is the Public Hearing
Procedures two (2)page document with twenty (20)points. The goal is to have the Respondent
read, date and sign before the start of the meeting. If the Board is comfortable with the wording,
it will also be translated into Spanish.
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Mr. White requested a revision of the following items on the Public Hearing Procedure document.
1)Page one (1) remove point#4 as it is redundant to point#2. 2)Page two (2)point#18, "A"add
"or not" after "whether guilty of the offense," "B" add the word "Second" to start the sentence.
The second document is titled, "Read After the Final Vote of the Board After the Public Hearing"
This is a template that will assist with the administrative hearing process and shall be read by the
Chair after the final vote of the Public Hearings. This template will be forum-driven for that
day's hearing and will have a general order of the hearing with specifics for each case.
Mr. Nolton requested revision to the second document for the following: 1) Paragraph #1—
compliant and notice was "legally sufficient." Paragraph #3, Respondent was present "at the
hearing."
Mr. White moved to approve the documents with the suggested changes; Mr. Joslin offered a
second in support of the motion. Carried unanimously 5-0.
7. REPORTS:
Mr. Crotts introduced the newest Compliance Officer, Mr. Patrick Bero. Officer Bero gave a
brief introduction of his background and experience.
8. NEW BUSINESS:
A. ORDERS OF THE BOARD
Mr. Joslin offered a motion to have the Board Chair sign orders of the Board,Mr.
White offered a second in support of the motion. Carried unanimously 5-0.
Note: The individuals who testified in the following cases under Item 8, "New
Business," were first sworn in by Gayane Gelenian.
B. MOSHE MIKE MOUSSERI—WAIVER OF EXAMS
Mr. Nolton called Moshe Mike Mousseri to the podium.
Mr. Crotts, Contracting License Supervisor, stated that Mr. Mousseri is asking for a waiver of
exams to reinstate a contracting license. Mr. Mousseri received his license from Collier County in
May 2013, and it was placed in cancellation/void status in 2017 due to not being renewed.
According to the county ordinance, if an individual has not taken an exam and his license has
gone into void status, the contractor must retake the exam to reinstate his license.
Mr. Crotts stated that Mr.Mousseri has continued to keep up in his trade as he is licensed in other
counties where he is painting. Mr. Mousseri is a licensed contractor in the following counties:
Lee, Bevard, Palm Beach, Broward,Monroe,Pinellas, St. John and Martin County.
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Mr. White asked if there were complaints in the other jurisdictions where Mr. Mousseri was
licensed. Mr. Crotts advised there were no complaints.
Mr.Lantz moved to approve the exam waiver;Mr. White offered a second in support of the motion.
Carried unanimously 5-0.
Mr. Mousseri thanked the Committee and stated that the licensing renewal slipped through the
cracks. He added that it is challenging to keep up with so many different licenses for all the
counties he serves. He suggested it would be more beneficial to have a license by the state rather
than by an individual county. Mr. Mousseri asked whom he could speak to with this suggestion.
Mr. White suggested that Mr.Mousseri waits before contacting the state about this subject as state
legislature may soon modify the rules for contractor licensing.
C. LUIS G. TAMAYO—REVIEW OF EXPERIENCE
Mr. Nolton called Luis Tamayo to the podium.
Mr. Crotts stated that Mr. Tamayo submitted an application for tree trimming and removal
Certificate of Competency. Part of the process of approval is to verify his experience with this
trade. The three references Mr. Tamayo provided indicated that Mr. Tamayo's experience with
tree trimming and removal was basic or limited. Therefore,Mr. Tamayo was asked to come before
the Board to state his experience.
Mr. Nolton welcomed Mr. Tamayo to present his experience to the Board.
Mr. Tamayo indicated that he had been working for over twenty (20)years providing this type of
service. He works during the week in Dade and Broward on small farms and houses and Collier
on the weekends. The Tree Mendez Lawn Service owner asked Mr. Tamayo to obtain a license for
tree trimming and removal to work as an independent contractor for them.
Mr. Nolton asked how many trees Mr. Tamayo has removed. He indicated he has taken down at
least ten (10) trees a year in Collier County and several hundred in his twenty (20)years of doing
this type of work. He has also removed hundreds of stumps, all without incident or serious injury.
Mr. Lantz asked Mr. Tamayo if he had ever been charged with a violation of Acting as a
Contractor Without a License?Mr. Tamayo confirmed that he had not received any violations.
Mr. White moved to approve the application for tree trimming and removal;Mr. Jerulle offered a
second in support of the motion. Carried unanimously 5-0.
D. SERGIO M. QUEZADA—REVIEW OF EXPERIENCE
Mr. Nolton called Sergio Quezada to the podium.
Mr. Crotts reported that Mr. Quezada submitted an application for an Irrigation Contractor's
license.During the review process, it was found that the three(3) verification of experience forms
submitted came from the same person/same company and they indicated his experience was
limited to minor irrigation repairs and service. Therefore, as part of the Collier County ordinance
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to show experience verification, Mr. Quezeda was asked to come in front of the Board to discuss
his experience.
Mr. Nolton invited Mr. Quezada to share his experience with the Board.
Mr. Quezada advised that he had twenty-four(24) months of experience with Valencia Lawn and
Irrigation Services and explained the processes he performed from installations to repairs,
including digging trenches, wiring,putting in rain sensors and fitting pipes.
Mr.Nolton asked for confirmation of tenure at each irrigation company. Mr. Quezada confirmed
he worked for Valencia Lawn and Irrigation Services from January 2017— January 2019. He
worked for QS Irrigation from January 2019 to the present.
Mr. White asked Mr. Quezada to share as much detail as possible with his experience. QS
Irrigation is licensed; however, Mr. Quezada is requesting a license in his name as he is now
owner of QS Irrigation. Mr. White asked specific questions which Mr. Quezada answered with
confidence.
Mr.Lantz moved to approve the application for the Irrigation license;Mr. Joslin offered a second
in support of the motion. Carried unanimously 5-0.
E. MARIA CASTANEDA-REVIEW OF EXPERIENCE
Mr.Nolton called Maria Castaneda to the podium.
Mr. Crotts reported that Mrs. Castaneda submitted an application for a landscaping license.
During the review process,Mr. Crotts could not reach the Vice President of Cleary Enterprises in
North Carolina for reference. During a phone conversation with Mrs. Castaneda, it was found
that her experience had limited hands-on experience and was geared toward management and
employee transport. Therefore, as part of the Collier County ordinance to show experience
verification,Mrs. Castaneda was asked to come in front of the Board to discuss her experience.
Mr. Nolton asked Mrs. Castaneda to share her experience with the Board.
Mrs. Castaneda stated that she worked for Cleary Enterprises for four (4) years. The company
moved to North Carolina in 2016. She and her husband bought the company in 2016 and began
obtaining lawn maintenance and tree removal licenses. Now, they are looking to obtain a
landscape license.
Mr. Lantz asked specific questions about planting trees/bushes.
Mr. White asked if Mrs. Castaneda would use a landscape architect to assist with landscaping the
property. Mrs. Castaneda advised that her husband has thirty-five (35) years of experience in
landscaping. Mr. White suggested issuing a license for a probationary period.
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Mr. Jerulle moved to approve a probationary license for one (1)year that is restricted to planting
and sod only, with no pavers or fountains. If there are no violations in that period, the license
moves to a regular license. Mr. White offered a second in support of the motion. Motion passes
4-1. (Mr. Lantz opposed).
BREAK FROM 10:17 AM- 10:29 AM
9. OLD BUSINESS:
A. (None)
10. PUBLIC HEARINGS:
Mr. White moved to open the Public Hearings; Mr. Lantz offered a second in support of the
motion. Carried unanimously 5-0.
A. 2021-05 -NEAL K. MINTZ DBA CJMJ SOUTH, LLC
Mr. Nolton opened the hearing by asking the County to present their opening remarks.
Mr. Governale, Collier County License Compliance Officer, issued his opening statement and
submitted a preamble and packet as evidence. Mr. White moved that the Preamble and packet be
accepted into evidence;Mr. Joslin offered a second in support. Carried unanimously 5-0.
Mr.Mintz, on behalf of CJMJ South,LLC. issued his opening statement and apologized for filing
a permit for an unlicensed contractor to perform work without his involvement.
Mr. Jerulle moved to find Mr. Mintz guilty as charged;Mr. Joslin offered a second in support of
the motion. Carried unanimously 5-0.
Mr. Joslin moved to close the public hearing;Mr. White offered a second in support of the motion.
Carried unanimously 5-0.
Mr.Noell reported the ten (10) disciplinary actions or fines that could be taken against Mr.Mintz.
Mr. Crotts provided the County's recommendation of a$5000fine to be paid within six(6)months;
if the fine were not paid within that timeframe, the license would be revoked. The County also
recommends that the license be placed in probationary status for two (2)years.
Mr. White asked Mr. Crotts to explain how he decided on the monetary penalty.
Mr. Crotts explained that Mr. Mintz received $3000 from the unlicensed contractor to pull the
permit. In addition,Mr.Mintz advised that he has done this for this unlicensed contractor before;
however, there were no other complaints on record.
Mr. White suggested that a public reprimand would serve the same function as a $5000 fine.
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Mr.Lantz shared what he has experienced as a licensed contractor and suggested that a high fine
would serve as a deterrent.
Mr. Jerulle moved to impose a $5000 fine to be paid within six (6) months, or license will be
revoked, two (2)year probation and a public reprimand;Mr. Lantz offered a second in support of
the motion. Carried unanimously 5-0.
Mr.Nolton read the document, "Read After the Final Vote of the Board After the Public Hearing."
B. 2021-06- KRISTO MISHKA DBA HOME & MORE SERVICES,INC.
Mr. Lantz moved to open the Public Hearings. Mr. Jerulle offered a second in support of the
motion. Carried unanimously 5-0.
Mr. Nolton opened the hearing by asking the County to present their opening remarks.
Mr. Governale, Collier County License Compliance Officer, issued his opening statement and
submitted a preamble and packet as evidence. Mr. White moved that the Preamble and packet be
accepted into evidence;Mr. Joslin offered a second in support. Carried unanimously 5-0.
Mr. Mishka, on behalf of Home & More Services, Inc., issued his opening statement that he
accepted full responsibility for his actions.
Mr. Governale stated that the cost to the homeowner was $1570.
Mr. White moved to close the public hearing;Mr. Jerulle offered a second in support of the motion.
Carried unanimously 5-0.
Mr. White moved to find Mr. Mishka guilty as charged;Mr. Joslin offered a second in support of
the motion. Carried unanimously 5-0.
Mr. Crotts provided the County's recommendation that $1570 be paid to the homeowner within
ninety (90) days. If not paid within that timeframe, then the tile/marble license would be revoked.
On Count One (1) a fine of$1000 fine to be paid within six (6) months; and three (3) licenses be
placed in probationary status for one (1)year. On Count Two (2), the County also recommends a
$1000 fine to be paid within six (6) months;the three (3) licenses be placed in probationary status
for one (1)year.
Mr. White made a motion to the restitution by County. Mr. Lantz seconded in support of the
motion. Carried unanimously 5-0.
Mr.Nolton read the document, "Read After the Final Vote of the Board After the Public Hearing."
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11. NEXT MEETING DATE: WEDNESDAY,JUNE 16,2021
Commissioner's Chambers, 3rd Floor-Administrative Building
Government Center, 3299 E. Tamiami Trail,Naples, FL
Mr. Nolton and Mr. White stated they would not be present at the next meeting on June 16, 2021.
Mr. White made a motion to adjourn the meeting; the motion was seconded and carried
unanimously 5-0.
There being no further business for the County's good, the meeting was adjourned at 11:13
AM.
COLLIER COUNTY CONTRACTORS' BOARD
TT L-TO oard Chairman
The Minutes were approved by the Chairman or Vice Chairman f the Contractors'Licensing Board
on ZurN Uo , 2021, (check one) "as submitted" ( 1 or "as amended" [ j.
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