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CLB Minutes 06/16/2021 June 16, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING June 16, 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, "3`d Floor, Collier County Government Complex,Naples, Florida, with the following Members present: Chair: Matthew Nolton(excused absence) Vice Chair: Terry Jerulle (Acting Chair) Members: Richard E. Joslin Patrick G. White (called in) Todd Allen Kyle Lantz Robert Meister III (excused absence) Joseph Coleman ALSO PRESENT: Kevin Noe11, Esq. -Attorney for the Contractors' Licensing Board Timothy Crofts—Contracting License Supervisor Colleen Kerins—Assistant Collier County Attorney -1- June 16, 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: Terry Jerulle,Acting Board Chair, opened the meeting at 9:03 AM. Roll Call was taken;Five (5)Members were present in the BCC Chambers. • Matthew Nolton —was absent from the meeting. • Robert Meister III—was absent from the meeting. • Patrick G. White—participated in the meeting by phone. Mr. Crotts, Contractor Licensing Supervisor, commented that Mr. Nolton and Mr. Meister gave prior notice that they would not be attending the meeting. Mr. White asked to participate in the meeting via phone. Mr. Crotts asked the Board to approve Mr. Nolton and Mr. Meister's absence as approved absences. In addition, Mr. Crotts asked that Mr. White be approved to participate in the meeting via phone. Mr. Lantz moved to approve the requests from Mr. Crotts;Mr.Allen offered a second in support of the motion. Carried unanimously 5-0. A quorum was established at Roll Call; six (6) voting Members were present at the start of the meeting. 2. ADDITIONS OR DELETIONS: Mr. Crotts advised that there is a deletion under New Business,Item 8.D. as Mr.Edward J. Frank II requested to postpone his appearance until the next meeting on July 21, 2021. 3. APPROVAL OF AGENDA: Mr. Joslin moved to approve the agenda; Mr. Lantz offered a second in support of the motion. Carried unanimously 6-0. 4. APPROVAL OF MINUTES: A. May 19, 2021 Mr. White and Mr.Allen moved to approve the Minutes of the May 19, 2021 meeting;Mr. Joslin offered a second in support of the motion. Carried unanimously 6-0. Minutes were approved. 5. PUBLIC COMMENTS: A. (None) -2- June 16, 2021 6. DISCUSSION: A. REVIEW OF EMERGENCY RESTRICTED CERTIFICATES OF COMPETENCY Mr. Crotts, Contracting Licensing Supervisor, stated as a reminder to the Board that in the event of a declaration of emergency in Collier County by the Collier County Board of County Commissioners or in the City by the City Council, in which substantial damage has occurred to buildings and structures to cause a shortage of available persons and firms/entitles in the contracting trades for which there are Collier County/City Certificates of Competency, the Contactors' Licensing Board may be called together for an emergency meeting to issue Emergency Restricted Certificates of Competency, not to exceed six (6) months or until the emergency is declared over, to out of state or out of Collier County contractors. Then, with the Board's authorization,Mr. Crotts advised that his staff will validate the contractor and issue the temporary Emergency Restricted Certificates of Competency to those contractors not to exceed six(6) months or the declaration of emergency. In addition, the County will provide active field supervision within the City of licensed and unlicensed activity through its investigation and citation authority. The staff will advise unlicensed contractors that they need to obtain a temporary Emergency Restricted Certificate of Competency. The staff will also issue warnings followed by a citation after the warning period has expired. An unlicensed contractor who has been issued a citation may request an Emergency Restricted Certificate of Competency. Otherwise, if the Emergency Restricted Certificate of Competency is not obtained, they will continue to receive citations. 7. REPORTS: A. (None) 8. NEW BUSINESS: A. ORDERS OF THE BOARD Mr. Lantz offered a motion to have the Board Chair sign orders of the Board, Mr. Allen offered a second in support of the motion. Carried unanimously 6-0. Note: The individuals who testified in the following cases under Item 8, "New Business," were first sworn in by Gayane Gelenian B. RENE J. LOPEZ—REVIEW OF EXPERIENCE—PAINTING CONTRACTOR Mr. Jerulle called Mr. Lopez to the podium. Mr. Crotts, Contracting License Supervisor, stated that Mr. Lopez is asking for a Painting Contractor License. This type of license requires at least twenty-four (24) months of experience in the trade. In verifying Mr. Lopez's experience, Mr. Crotts contacted the President of Spectrum Contracting as a reference. The President indicated that Mr. Lopez worked for him in the role of a painter from 2010-2013. Mr. Crofts asked Mr. Lopez to come in before the Board to state his painting experience since that timeframe. -3- June 16, 2021 Mr. Lantz asked Mr. Crotts if there is a requirement stating how recent the experience must be? Mr. Crotts advised that there is not a requirement saying how recent the experience must be. However, due to a seven (7)year lapse of documentation showing that Mr. Lopez has experience in the trade, Mr. Lopez was asked to present his experience to the Board. In addition, Mr. Lopez must show that he has previous interior and exterior painting experience to obtain a painting license. Mr. Lopez commented that he painted inside and outside high-rise buildings and houses when he worked for Spectrum Contractors from 2010-2013. In 2017,Mr. Lopez opened his own handyman business where he did paint touch up for his clients. However, his business clients are asking him to do more painting than just touch-ups. Until now, he has been sending the painting requests to other licensed contractors. Then, he applied for the license so that he can do the painting for his clients. Mr. Lantz asked why Mr. Lopez was looking to have a Collier County license when he lives in Lee County. Mr. Lopez stated that most of the contractors he works with are in Collier County. Mr. Jerulle asked Mr. Lopez to elaborate on his painting experience while working for Spectrum Contracting. Mr.Lopez stated that he pressure washed and painted both inside and outside of high rises and homes. He did also have experience with painting new home construction for a company while living and working in California. Mr. Crotts recommended that the Board give Mr. Lopez a probationary license for one (1)year. If there are no issues or complaints during that year, the Contractor Licensing Supervisor will remove the probationary status by order of the Board. Mr.Allen moved to approve the request; Mr. Coleman offered a second in support of the motion. Mr. White suggested amending the motion to have the license automatically renew after the one (1)year probationary period. The amended motion Carried unanimously 6-0. C. LUIS G. PATINO—REVIEW OF CREDIT AND PROBATIONARY STATUS Mr. Jerulle called Mr. Patino to the podium. Mr. Crotts stated that Mr. Patino is here today to reinstate his Swimming Pool license, Class C, which was suspended on December 31, 2020. Due to his license being suspended, Mr. Patino is required to submit an application for reinstatement, which he has submitted. However,Mr. Crotts advised that in reviewing the application, Mr. Patino's credit score was lower than the 660 minimum credit score needed to meet the financial requirements of the application. In addition, the following credit items were found as areas of concern: 1. An unpaid chargeofffor TD Auto Financial in the amount of$9,174 2. An unpaid chargeofffor Suncoast Credit Union in the amount of$8,000 3. Account in collections for Telecom Cellular "Verizon"for a balance of$1,732 4. Three (3) accounts closed in 2021 by creditors due to payment issues -4- June 16, 2021 In addition, Mr. Crotts advised the Board that Mr. Patino's license was placed on a twenty-four (24) month probationary status by the Contractors'Licensing Board on July 17,2019. The Board also required Mr. Patino to pay the homeowner $10,000 restitution. Mr. Patino did pay the homeowner the $10,000 in the time allotted; however, the probationary status is in effect until July 17, 2021. Mr. Patino commented that he has been in business since 2010. His financial troubles started as a result of a substantial financial lawsuit and breach of contract with a Canadian company and his company, Oasis Pools of SW FL Inc. Mr. Patino purchased another pool company in Port Charlotte to help him with his cash flow. However, with the lawsuit, he lost $150,000 and over- extended himself financially. During this time, he let his Pool license lapse because he was financially strapped. He has plans to get out of debt and back on track by selling his home to pay off his debt. At present, Mr. Patino is working as an employee of All Pool Systems while his business is only doing pool maintenance. Mr. Patino's business had 500 accounts, and now he is maintaining 120 residential accounts and 20 commercial accounts. Mr. Lantz asked about Mr. Patino's business credit. Mr. Crotts advised that The Oasis Group of SWFL, Inc. DBA: Oasis Renovations and Pools had credit, and there were no bankruptcy, liens, collections, or judgments filed against the business. Mr. Jerulle asked Mr. Patino how he plans on assuring the Board moving forward that he will do what he intends to clear his credit? Mr. White also asked Mr. Patino to explain how he will satisfy his outstanding debt? Mr. Patino commented that he is selling his house to clear his debt and improve his credit. Mr. White asked Mr. Patino how long it will take to complete the sale of his home to make payments to clear his indebtedness and improve his credit? Mr. Jerulle asked Mr. Patino if he has contacted the companies he owes money to arrange a repayment plan to clear the debt? Mr. Patino commented that he had contacted all the companies except Verizon as he is already making payments to Verizon on his outstanding balance. Mr. Jerulle asked Mr. Patino if he could agree to take care of his debt within the next six (6) months if a motion was made with that timeframe? Mr. Patino confirmed that he could clear his debt within six (6) months. Mr. Joslin asked if Mr. Patino has done any pool construction over the past year? Mr. Patino commented that he is on the payroll of All Pool Systems,selling jobs for that company. Mr. Crotts gave his recommendation that the Board reinstates Mr. Patino's license for a probationary period of one (1)year. During this time,Mr. Patino would be responsible for paying off his creditors. Also, he would be required to show proof to the Board that his credit score has improved. -5- June 16, 2021 Mr. Crotts listed the debt that should be paid off: 1. An unpaid chargeoff for TD Auto Financial for $9,174 2. An unpaid chargeoff for Suncoast Credit Union for$8,000 3. Account in collections for Telecom Cellular "Verizon"for a balance of$1,732 Mr. Lantz moved to reinstate Mr. Patino's license for a six (6) month probationary period, during which time he will clear the debt listed above.In addition, he will show proof that this debt is clear to Mr. Crotts, Contracting License Supervisor, within the six (6) month period. After that time, his license will no longer be under probationary status. Mr. White offered a second in support of the motion with the amended comments that if Mr. Patino doesn't clear his debt within the six (6) months,he must come back to the Board with a new personal and business credit report.Amended motion Carried unanimously 6-0. Mr. Coleman asked Mr. Patino to make sure he has past judgments dating back to 2018 from "SCPDistributors"show paid in full in the Offical County records. D. EDWARD J. FRANK II—MOVED TO NEXT MEETING 9. OLD BUSINESS: A. Mr. Coleman stated that he was moving to Lee County and submitted his resignation to the Board as of June 30, 2021. The Board and Mr. Crofts thanked Mr. Coleman for his service and wished him all the best. 10. PUBLIC HEARINGS: A. (None) 11. NEXT MEETING DATE: WEDNESDAY,JULY 21, 2021 Commissioner's Chambers, 3rd Floor-Administrative Building Government Center, 3299 E. Tamiami Trail,Naples, FL Mr. White stated that he would not be present at the July 21, 2021 meeting and requested an excused absence from that meeting. Mr. Lantz made a motion to adjourn the meeting; Mr. Joslin offered a second in support of the motion. Carried unanimously 6-0. -6- June 16, 2021 There being no further business for the County's good, the meeting was adjourned at 9:48 AM. COLLIER COUNTY CONTRACTORS' BOARD M4TTHEWNOLTON, and Chairman TERRY JERULLEzBoard Vice-Chairman (Acting Chairman) The Minutes were approved by the Chairman or Vice Chair uan of the Contractors' Licensing Board on u(y 2l , 2021, (check one) "as submitted" [ V j or "as amended" I 1. -7-