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CLB Minutes 07/21/2021 July 21, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING July 21, 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) Vice Chair: Terry Jerulle (Acting Chair) Members: Richard E. Joslin Patrick G. White Todd Allen Kyle Lantz (Excused) Robert Meister III ALSO PRESENT: Kevin Noell, Esq. —Attorney for the Contractors' Licensing Board Timothy Crofts—Contracting License Supervisor Colleen Kerins—Assistant Collier County Attorney -1- July 21, 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. • Kyle Lantz—was absent from the meeting. Mr. Crotts, Contractor Licensing Supervisor, commented that Mr. Nolton and Mr. Lantz gave prior notice that they would not be attending the meeting. Mr. Crotts asked the Board to approve Mr. Nolton and Mr. Lantz's absence as approved excused absences. Mr. Jerulle 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;five (5) voting Members were present at the start of the meeting. 2. ADDITIONS OR DELETIONS: Mr. Crotts advised that there is a deletion under Public Hearings, Item 10A #2021-07, is being withdrawn. This complaint has been abated by the contractor. 3. APPROVAL OF AGENDA: Mr. White moved to approve the agenda; Mr. Allen offered a second in support of the motion. Carried unanimously 5-0. 4. APPROVAL OF MINUTES: A. July 16th, 2021 Mr. White moved to approve the Minutes of the June 16, 2021 meeting: Mr. Joslin offered a second in support of the motion. Carried unanimously 5-0. Minutes were approved. 5. PUBLIC COMMENTS: Mr. Joslin stated some of the applications were hard to read, very faint from the applicants. Mr. Crotts said part of it was due to how the applicant is filling it out and others on how it is being copied and put into the system but will see if they can get it changed. 6. DISCUSSION: -2- July 21, 2021 A. REVIEW OF HB 735 - PREEMPTION OF LOCAL OCCUPATIONAL LICENSES Mr. Crotts, Contracting Licensing Supervisor, stated recently Governor DeSantos from the State of Florida has recently signed the House Bill 735, Preemption of Local Occupational Licenses, and they wanted to do a brief statement on that Bill and let Ms. Kerins talk more in depth about the bill. Ms. Kerins stated many of the forty-eight(48) items currently defined in Collier's ordinance, will be preempted by the state. This now goes into effect as of July 1st, but they don't have to amend or get things in order until July of 2023. She stated that the State did give the counties ample time to do an overhaul of what they are able to regulate. As a brief synopsis, Ms. Kerins stated, the things that continue to allow licenses are general contractors, building contractors, residential contractors,sheet metal, roofing, Classes A,B, and C, air conditioning, mechanical, commercial, and residential pools and spa,plumbing, underground utilities and excavation,solar contractors, as well as the specialty contractors listed in the Florida statute. Ms. Kerins then stated they are in the process of going through the ordinance to make sure everything they have is following the Florida law. Ms. Kerins made sure to mention they do specifically take out and exclude our ability to regulate painting,flooring, cabinetry, interior remodeling, driveway and tennis court installation, handyman services, decorative stone, tile, marble, and terrazzo,plastering, caulking, canvas awning, and ornamental iron installation; as some that will no long require licensing but it doesn't take away from the necessity to comply with Florida Building Codes.Afterwards,Ms.Kerins did state this bill allows them to give out licenses for Journeymen,Plumbing and Pipe Fitting, Mechanical, HVAC, and Electrical and Alarms. Mr. White brought up a concern: if you fail to get a permit, what happens in terms of disciplinary jurisdiction in relativity to this board? Ms. Kerins stated that is currently under analysis on if it falls under them or be more of a code issue. Mr. White brought up another question: if you require a permit instead of a license, then who requires insurance? You use to have to show proof of insurance and workman's compensation to get a permit. Ms. Kerins said those are all things they are looking into as there are multiple divisions now involved, such as code enforcement and the building department. 7. REPORTS: Mr. Crotts congratulated Mr. Nolton, Mr. Jerulle, and Mr. Joslin on their reappointment to the Contractors'Licensing Board on June 22nd by the Collier County Board of Commissioners. Second, Mr. Crofts introduced Mr. Orlando Ramos as one of the new Compliance Investigators for the County. Mr. Ramos introduced himself and spoke about his work history. July 21, 2021 8. NEW BUSINESS: A. ORDERS OF THE BOARD Mr. White 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 5-0. Note: The individuals who testified in the following cases under Item 8, "New Business," were first sworn in by Francine Homchak(Notary). B. EDWARD J FRANK II—REVIEW OF CREDIT & REINSTATEMENT OF LICENSE — RESIDENTIAL CONTRACTOR Mr. Jerulle called Mr. Frank to the podium. Mr. Crotts, Contracting License Supervisor, stated that Mr. Frank has submitted a Reinstatement Application for a Certificate of Competency for Residential Contractor.Mr. Frank was first issued the Certificate in 2015 and maintained the Certificate up until 2019 when the certificate was not renewed.At the status of the certificate,Mr. Frank is suspended and must submit a reinstatement application. Part of the application requires Mr. Frank to submit a copy of individual credit and company credit scores.,At this time, the company's credit score showed Medium Credit Risk, but all accounts were current. The individual's credit score showed a score of 623, which is below the required score of 660 in Ordinance 2006-46 Section 2.5.1D, where the qualifier is required to meet financial responsibilities set forth by the rules in the State of Florida in 61G4-15.006.In the review of the Credit Score with Mr. Frank, a review of the following was noted: • On 4/21, an account was placed in collection with Capital One in the amount of$289.00 • On 5/21, the account was placed in collection for Citi Bank in the amount of $1069.00 • On 5/21, the account was placed in collection for JPMCB Card for$2,188.00 • On 5/21, there was an account ninety (90) days overdue in the amount of$1,035.00 for JPMCB Card. • Total amount owed in collections was $3,546.00 • Total amount overdue is $1,035.00 Mr. Jerulle asked Mr. Frank if he would like to explain why his license was not renewed in 2019. Mr. Frank stated in 2020 he broke his back during COVID and kept testing positive for COVID, so he couldn't get his back surgery and was out of work for several months where he had to continue to pay his employees. Mr. Jerulle re-stated the license expired in 2019 and asked why he didn't renew it then, to which Mr. Frank stated it was because of his back and he was in and out of physical therapy. Mr. Joslin commented that during this time when his license was suspended, he was still out working and paying his men and Mr. Frank said this was unbeknownst to him. -4- July 21, 2021 Mr. Jerulle asked for Mr. Frank to provide an example of how he was going to take care of the $3,546.00 in debt. Mr. Jerulle said his concern is he knows contractors get deposits and he wants to make sure the deposits are going towards the client's materials instead of other things. Mr. Frank said he is currently negotiating with the companies right now and working on payment plans. Mr. Jerulle asked if that was all he has to offer.Mr. Frank said he hopes to get it taken care of in ninety (90) days. Mr. Crotts suggested the County would recommend a six (6) month probationary account with all collections paid within this time. At the end of the six (6) month period, if all accounts have been repaid, Mr. Frank will be required to bring in documentation and the probationary status will be renewed. Mr. White moved to accept the recommendation suggested by Mr. Crotts. Mr.Allen offered a second in support of the motion and asked that it be added that along with the previous accounts be paid off, that no new accounts are added during this time or if they are that they are taken care of The motion maker agreed to the amendment. Mr. Joslin brought to attention that it normally takes longer than six (6) months to see a change in credit score and asked if that will be a criterion to see. Mr. Crotts said that is Ic xe ieca d the score has to meet the minimum and the overdue balance has to be paid off within the timeframe and if he does not he will have to come before the board again. Mr. Joslin said he disagrees because he doesn't think that is going to happen. Mr. Jerulle said it didn't really matter because Mr. Frank would have to come back, and they can question and verify the proof with Mr. Frank then. Mr. Frank asked since the payment is in collections and they offer him to pay part of the balance instead of all of it and he does, will that coun-trycomply. Crotts said as long as it shows a zero (0) balance. The amended motion Carried unanimously 5-0. C. RAFAWL HERVIS—REVIEW OF EXPERIENCE —FIRM APPLICATION Mr. Jerulle called Mr. Hervis to the podium. Mr. Crotts stated that Mr. Hervis is here today because he submitted a Certificate of Competency for the trade of Carpentry. To receive this certificate Mr. Hervis must show proof of experience for thirty-six (36) months. The form shows that both Mr. Hervis and his employees were cabinetry installers and not carpentry practices. Mr. Hervis also worked on a part-time basis instead of a full-time basis. -5- July 21, 2021 Mr. Jerulle asked Mr. Crotts what qualifies him to come to the meeting instead of Mr. Crotts just saying "no". Mr. Crotts said that if he finds at face value under 2.5.2 of 2006-46, he has to bring the applicant in front of the Board to decide or they (applicant) have the option to withdraw their application. Mr. White suggested they run through the scope of work to obtain the certificate which is: • Pass the test • Have knowledge to install any wood and metal objects • Have knowledge of fire safety and fire stopping material Mr. Hervis said he has been working five (5) to six (6)years in cabinetry. Mr. Hervis mentioned he understands the scope of work to know but he does not have a full knowledge of wood and metal, but no one does but he has been doing more than just cabinetry installation every day. Mr. Jerulle said that when he hires carpenters, they have full knowledge of the process and expect them to do so and that Mr. Hervis'statement is inaccurate. Mr. Jerulle said he is not comfortable giving Mr. Hervis that license without the experience. Mr. White asked if there was a license that Mr. Hervis could obtain. Mr. Crotts said there is one for cabinetry that Mr. Hervis would qualify for. Mr. White said if he gains the experience he is more than welcome to apply for the Carpentry license again, but if they see him doing anything out of the scope of work for the license they suggested, they will be seeing him again. Mr. Hervis stated he would like to amend his application to be considered for a Cabinetry contractor. Mr. Crotts said all he would have to do is withdraw his application and submit the new one. Mr. Jerulle made the motion to accept the withdrawal of Mr. Hervis Certificate of Carpentry. Mr. White seconded this motion. Motion carried unanimously 5-0. 9. OLD BUSINESS: (None) 10. PUBLIC HEARINGS: A. 2021-07 KEEGAN G. WEEKS- CLAIM JUMPER,INC DBA ANCHOR TREE SERVICE (Withdrawn) B. 2021-08 KEVIN G.MURPHY-K&B MURPHYRESIDENTIAL BUILDING SOLUTIONS,INC. Mr. Jerulle called Mr. Murphy to the podium and he was sworn in by Francine Homchak (Notary). -6- July 21, 2021 Mr. White made the motion to open the public hearing. Mr.Allen seconded the motion. Motion carried unanimously 5-0. Mr. Michael Bogert, Licensing Compliance Officer, brought to attention that the preamble and appeal process was given to Mr. Murphy. Mr. White made a motion to bring the evidence packet into effect.Mr. Joslin seconded the motion. Motion carried unanimously 5-0. Mr. Bogert stated that Mr. Murphy performed work of remodeling and received payment without a permit when one was required. Mr.Murphy said what Mr. Bogert stated was true. Mr. Murphy said he called the County multiple times and was told that if no restructuring of the structure was done, the work could be done without a permit. Mr. Joslin asked why if Mr. Murphy had a contract, he would not need to get a permit for new plumbing?Mr. Murphy said that was his mistake. Mr. White stated they can proceed with the fining of the two counts of administrative complaint. Mr. White made the motion of finding Mr. Murphy guilty. Mr. Allen seconded the motion of finding guilt in both counts. Motion carried unanimously 5-0. Mr. Joslin made a motion to close the public hearing. Mr. White seconded the motion. Motion carried unanimously 5-0. Mr. Crotts stated: • On Count One, the County $1,000 fine and a twelve (12) month probationary period • On Count Two, the County $1,000 fine and twelve (12) month probationary period to go concurrently with the first twelve (12) month probationary fine. • Mr. Murphy is given ninety (90) days to pay the fine. If there is failure to pay the fine, it would result in an automatic revocation of the license. Mr. White made the motion to approve. Mr. Joslin seconded the motion. Motion carried unanimously 5-0. 11. NEXT MEETING DATE: WEDNESDAY,August 18, 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 August 18, 2021 meeting and requested an excused absence from that meeting. -7- July 21, 2021 Mr. Jerulle made a motion to adjourn the meeting;Mr. White offered a second in support of the motion. Carried unanimously 5-0. There being no further business for the County's good,the meeting was adjourned at 9:48 AM. COLLIER COUNTY CONTRACTORS' BOARD TTHE TO , ant hairman y TERRY JERULLE,Acting Chairman The Minutes were approved by the Chairman or Vice Chairman f the Contractors'Licensing Board on Au3L).6+ lc?), 2021, (check one) "as submitted" [ v j or "as amended" ( 1. -8-