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CLB Minutes 08/18/2021 August 18, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS'LICENSING BOARD MEETING August 18, 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 (Excused) Todd Allen Kyle Lantz 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- August 18, 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, which record includes the testimony and evidence upon which any Appeal is to be made. 1. ROLL CALL: Matthew Nolton, Chair, opened the meeting at 9:06AM. Roll call was taken;Six (6)Members were present in the BCC Chambers. • Patrick G. White—was absent from the meeting. Mr. Crotts, Contractor Licensing Supervisor, commented that Mr. White gave prior notice that Mr. White could not be attending the meeting. Mr. Crotts asked the Board to approve Mr. White's absence as an approved excused absence. 2. ADDITIONS OR DELETIONS: Mr. Crotts advised that he had an addition to Item Number Six (6) —Discussion. Mr. Crotts also advised to move Item B under New Business ((Tyrone F Willey—Contest Citation #11570 (Unlicensed)) to Item 10 (Public Hearings). Now it will be Item 10B. 3. APPROVAL OF AGENDA: Mr. Lantz moved to approve the agenda (as amended);Mr. Jerulle offered a second in support of the motion. Carried unanimously 6-0.Agenda was approved. 4. APPROVAL OF MINUTES: A. July 21, 2021 Mr. Joslin moved to approve the Minutes of the July 21, 2021 meeting; Mr. Meister offered a second in support of the motion. Carried unanimously 6-0. Minutes were approved. 5. PUBLIC COMMENTS: None 6. DISCUSSION: A. TESTING AGENCIES Mr. Crotts, Contracting License Supervisor, explained to the Board that currently they had 3 testing agencies (Gainesville Independent, Pro, and Prometric); however, his department was advised that Prometric was not going to offer anymore testing starting on August 31, 2021. Gainesville Independent and Prov are the main testing agencies. These agencies even offer limited testing in Spanish. -2- August 18, 2021 Mr. Crotts asked the Board if they are keeping only the two agencies or if he should be looking for a third one to which Mr. Jerulle and Mr.Allen stated that they were fine with the two agencies. Mr. Jerulle also stated that he was not against having a third testing agency in the future. 7. REPORTS: None 8. NEW BUSINESS: A. ORDERS OF THE BOARD Mr. Lantz offered a motion to have Board Chair sign orders of the board; Mr. Jerulle offered a second in support of the motion. Carried unanimously 6-0. Orders of the Board were approved. B. TYRONE F WILLEY—CONTEST CITATION#11570 (UNLICENSED) Moved to Item 10B C. TIMOTHY BRENT PHILLIPS —REVIEW OF EXPERIENCE —MARINE, SEAWALL, DOCK CONTRACTOR Mr. Nolton called Mr. Phillips to the podium. Mr. Crotts stated that Mr. Phillips applied for a Marine Seawall Contractor license which required thirty-six(36)months experience,however, upon the review of Mr.Phillips'application,Mr. Crotts has not been able to confirm the required months of experience. Mr. Crotts was able to confirm that Mr. Phillips worked for 3 months for Collier Seawall and Dock (January to April of 2020). Mr. Crotts was also able to confirm that Mr. Phillips worked 9 months (March to December of 2020) for Calvin and Calvin Marine Construction according to an Affidavit of Experience submitted by Mr.Phillips.Mr.Phillips also submitted copies of some IRS earnings records showing that he worked for Southeast Personnel Services and Naples Construction Services. Mr. Crotts contacted Southeast Personnel Services and it could not be confirmed to whom Mr.Phillips worked and what kind of work he did. Mr. Crotts also contacted the license holder of Naples Construction Services, and he was told that he could not be confirmed if Mr. Phillips worked for the company. Mr. Crotts advised that based on the information provided,Mr. Phillips does not meet the required experience under Collier County Ordinance 2006-46. Mr.Nolton stated that he read and reviewed that Mr. Phillips has 12 months of verified experience and asked Mr. Phillips to tell the Board more about his experience, to which Mr. Phillips started explaining to the Board that he submitted a social security form not an IRS form. He then proceeded to state that he worked for Marco Dock for three years. Mr. Bryan Gilmore from Marco Dock wrote him a letter that clearly states his three years of experience working for this company. He also stated that he wanted to submit Mr. Gilmore's letter.According to him, Mr. Gilmore was not contacted by Mr. Crotts regarding his experience. Mr. Phillips also stated that he has his social security form showing that he worked full time in marine construction from 2002 to 2005. He proceeded to explain that he can build any seawall, -3- August 18, 2021 dock and boat lift. He is a professional with boat lifts and can service any boat lift. He built a 30,000 pound boat lift. He is the engineer and owner of High Tide Dock and Lift. He makes sure that the design and project done by the architect is done according to Collier County's Codes' specifications. Mr. Phillips testified that he owned a painting business and had a painting contractor license for five (5)years and never one bad thing was said about his license. Mr. Jerulle asked Mr. Phillips if he said that he was an engineer, to which Mr. Phillips responded that he is not a licensed engineer but that he can fulfill as an engineer;that his business is properly done, that the homeowners are respected and paid, and he and his employees get paid. He stated that he took the business and trade exam three (3) times, but he passed. Mr. Phillips also testified that he does not know if Jimmy Calvin was contacted by Mr. Crofts. Mr. Jerulle then stated that he knows and has worked with Mr. Calvin, but that he does not recall seeing Mr. Phillips in any of his projects. Mr. Jerulle also proceeded to state that it is Mr. Phillips' burden to convince the board that he has more experience because he only provided twelve months of verifiable experience, to which Mr. Phillips re-stated that he provided a copy of a social security form that states he worked for Mr. Gilmore. Mr. Phillips then proceeded to read a letter from Mr. Gilmore stating that he worked for Marco Dock and Lift from 2002 until Mr. Gilmore resigned in 2004. Mr.Nolton stated that he also knows Mr. Gilmore because he has done a lot of engineering for Mr. Gilmore. Mr. Nolton also stated that the problem here is verification because the verification (of experience) must come from somebody that Mr. Phillips has actually worked for;and Mr. Gilmore cannot verify work that Mr. Phillips has done for a company that Mr. Gilmore does not work for. Mr. Nolton stated it sounds like Mr. Phillips has worked on a lot of projects and heard a lot about docks, and asked Mr. Phillips to tell the board more about seawalls he has constructed, to which Mr. Phillips responded that he tied the steel;jetted in the panels the 16 footer; worked on crawler crane barges; knows how to pour and form the caps; also knows how to shut the grade and elevation of the caps;and the coils need to be 1600 PSI. Most of this work has been done in Marco Island.Mr.Nolton asked how high he can build the new seawall compared to old seawall in Marco, to which Mr. Phillips responded that he did not know and that is something he will learn once he applies for the permit. He also stated that he will build the seawall according to Collier County's specifications, to which Mr. Nolton stated that this will also show in the design plan. Mr. Nolton also asked if he would use an architect, to which Mr. Phillips responded that he would not do any project without an architect. Mr. Jerulle stated that there is some danger involved to workers in the construction of seawalls and that they want to make sure that he has the experience before they approve a license. Mr. Phillips stated that he was let go from Naples Seawall and Dock supposedly because of Coronavirus but he knows it was because he refused to work in an unsafe environment, which he addressed to his superior and then three days later he was fired. He would not work without a hard-hat, safety glasses or boots. He is extremely safety-oriented. -4- August 18, 2021 Mr. Phillips stated that if he gets a license, he will do re-decks if the piles are safe,shipworms and boat lift services. Mr.Lantz made a motion to approve Mr.Phillips license;Mr.Allen second the motion. The motion Carried unanimously 6-0. D. JASON D WALLS—REVIEW OF CREDIT—PLASTERING AND STUCCO CONTRACTOR E. JASON DE WALLS—REVIEW OF CREDIT—DRYWALL CONTRACTOR Mr. Nolton called Mr. Walls to the podium. Mr. Crofts stated that Mr. Walls applied for two (2) licenses (drywall contractor and plastering and stucco license). As part of the Ordinance, Section 2.5, Mr. Walls was required to provide a credit report. In his personal credit report, Mr. Walls has the following accounts in collection which totaled$13,468.00: • Amer CrAcpt in the amount of$1,614 dated 05/2021; • DSNB—Macys in the amount of$3,986 dated 05/2021; • JPMCB Card—in the amount of$4,344 dated 12/2018 • Midland Funding (Credit One Bank) in the amount of$697 dated 06/2021; • Midland Funding (Comenity Capital Bank) in the amount of$1,256 dated 06/2021; • Penn Credit in the amount of$310 dated 06/2021; • Portfolio RC(Citibank NA) in the amount of$807 dated 06/2021; and • Target TD in the amount of$454 dated 06/2021. Mr. Walls's credit score also showed two accounts that were past due but now are current. One of those accounts was with Chrysler Cap. Mr. Crotts advised that Mr. Walls does not meet the criteria to get the two licenses because based on the Florida Rule 61G4-15.006, he must demonstrate a credit score of 660 or higher. Mr. Walls testified that unfortunately when he spoke with Mr. Crotts, he was in the process of repairing his credit. He also states that everything has been paid off except for Chrysler. He has a company working on getting some of the old accounts removed from his credit report, but he does not know how long it will take for his credit score to rise again. Mr. Jerulle asked Mr. Walls if he is okay with getting a probationary license until his credit score is raised, to which Mr. Crotts advised to approve a six (6) month probationary license until Mr. Walls can show that his credit score is raised to the required score. Mr. Allen made a motion to approve a six (6) month probationary period licenses until he can show to Mr. Crotts that all his collections have been paid off and his credit score has been raised to the required score by Collier County. Mr. Lantz seconded the motion. The motion Carried unanimously 6-0. -5- August 18, 2021 F. DANIELAANISZ—REVIEW OF EXPERIENCE —ROOF COATING/PAINTING/ CLEANING CONTRACTOR Mr. Nolton called Mr.Anisz to the podium. Mr. Crotts stated that Mr.Anisz was issued a citation for pressure washing a roof without a license. He submitted his application in the required time and was able to abate the citation from $1,000 to $300. Mr. Anisz stated in his application that he had three (3) years of undocumented experience in roof cleaning only. Mr.Anisz's also submitted a letter of reference of the quality of work Mr.Anisz'z company has done through an HOA. It is apparent that Mr.Anisz will only be pressure washing roofs. Mr. Jerulle asked Mr. Crotts if this is one of the licenses that will be going away, to which Mr. Crotts responded that yes and that is due on July 1, 2023. He also stated that this license is only to pressure wash roofs because of the damages that can be caused to the roof if done incorrectly. Mr. Anisz started apologizing to the Board because when he started his business, he bought a franchise and discussed the transfer of the license from the former owner to him, but that never happened. He has been working on his business for the past three (3)years and during this time he has worked with trained technicians, and they performed their work in a safe work environment. His company has over 200 reviews and has a 4.9 out of 5 stars. He also stated that he presented and passed the business test in the first try and have no issues or debts. He tried his best to run a reputable business. Mr. Nolton clarified that Mr.Anisz is asking for a license to be able to clean roofs, and asked Mr. Anisz about what he knows about roofs, to which Mr. Anisz responded that he does not clean metal roof for safety issues. His company mainly does tiles roofs. Mr.Anisz explained to the Board that he received the citation because he has been cleaning roofs for the past three(3)years without a license.He also stated that he has a lot of experience because he has personally done the pressure washing alone and with his technicians. Mr.Allen asked Mr.Anisz if the franchise required him to go to roof training, to which Mr.Anisz responded that it is required, but minimal. He visited other franchises before he opened his own to get some training. Mr. Nolton inquired Mr.Anisz as to how many roofs had leaks after Mr.Anisz had cleaned them, and Mr.Anisz replied, "zero". Mr. Lantz made a motion to approve the license unconditionally.Mr. Joslin seconded the motion. Mr. Crotts also advised the Board to issue a six (6) month probationary license to Mr.Anisz and if after the probation period expired, without any issues, the license will be converted to a full license for roof cleaning only, to which Mr.Lantz made the motion to approve the license for roof cleaning only but without the probation period.Mr. Joslin seconded the motion again without the probation period. The motion Carried unanimously 6-0. -6- August 18, 2021 G. SANDER THERQAJ—REVIEW OF EXPERIENCE —TILE AND MARBLE CONTRACTOR Mr. Nolton called Mr. Therqaj to the podium. Mr. Crotts stated that Mr. Therqaj applied for a tile and marble contractor license which required 24-months experience and as part of the application he submitted a verification of work stating that he worked for a couple of companies. Upon the review of Mr. Therqaj's application, Mr. Crotts was able to verify that he did work for the following companies: • From 2007 to 2008- General Contracting—tile company located in New York. o Note. No license is required to work with tiles in NY. • From 2004 to 2007-NG Tiles and Marbles—tile company located in Michigan. o Note. No license is required to work with tiles in Michigan. • From 2008 to 2010-Alba Tiles—tile company located in Michigan. o Note. No license is required to work with tiles in Michigan. Mr. Crotts was unable to verify that Mr. Therqaj worked for Pro Style Tile Ltd because he could not verify the existence of it. Based on Mr. Crotts'findings,Mr. Therqaj has not verifiably worked in the trade since 2010, but he has the three (3)years required experience. Mr. Lantz made a motion to approve the license unconditionally. Motion was not considered for lack of a second to the motion. Mr. Therqaj testified that he does commercial and residential flooring since 2004, however, he has not done any work in Naples, FL where he has been for about a year. He also said that Pro Style Tile is his business, which is located in Canada, and it has been in business since 2010. Mr. Therqaj also testified that he has a lot of experience with exterior and interior flooring and installing the underlayment and soundproof Mr.Allen made a motion to unconditionally approve the license. Mr. Lantz seconded the motion. Mr. Jerulle opposed the motion. The motion passed 5-1. H. JOHNNATAN F MALAGON PEREZ—REVIEW OF EXPERIENCE—BUILDING CONTRACTOR Mr. Nolton called Mr. Perez to the podium. Mr. Crotts stated that Mr. Perez submitted an application for a building contractor license which required 48 months of experience. He also said that this license will allow Mr. Perez to do commercial buildings, single family dwellings or multiple residential buildings, not exceeding three (3) stories height. -7- August 18, 2021 Mr. Crotts was able to review and verified that Mr. Perez has worked for the following companies: • From 2008 to 2017-New Vision Builders of Southwest FL. o Note. 95% of the work done was only residential(carpentry and framing). • 81 West Development-part time (about 15 hours a week). o Note.Mr.Perez was a 1099 and only performed residential work in about 5 projects. • Robert D'Angelo Jr. Construction. o Note.Mr.Perez did not directly work for this company.Mr.Perez indirectly worked for this company when they subcontracted New Vision Builders of Southwest FL. Mr. Perez testified that he has been working with New Vision Builders of Southwest FL since 2008. He has been doing footing and pouring concrete and making sure that the technicians do their work according to the code and the architectural plans in every project. Mr. Perez also testified that with Robert D'Angelo, he mostly did residential. Mr. Nolton asked Mr. Perez why he wants the building contractor license instead of residential, to which Mr.Perez responded that he is mostly interested in residential.Mr. Crotts then proceeded to state that Mr. Perez has the required experience for the residential contractor license. Mr. Perez requested the Board to withdraw the building contractor license because he will apply for the residential contractor license. The board withdrew Mr. Perez's application. 9. OLD BUSINESS: None BREAK FROM 10:08 AM-10:20 AM 10. PUBLIC HEARINGS: A. 2021-10-TROY A MCNABB-APEX SITE AND DEMOLITION CORP Mr. Nolton called Mr. McNabb to the podium. Mr. McNabb and Michael Governale were sworn in by Benerita Brophy (Notary) Mr. Lantz made a motion to open the hearing. Mr. Joslin seconded the motion. The motion Carried unanimously 6-0. The hearing was opened. Michael Governale, Collier County Licensing Investigator requested the Board to enter into evidence a copy of the hearing preamble and appeal process previously provided to the respondent for Case Number 2021-10. Mr. Jerulle made a motion to accept the package presented by Mr. Governale. Mr. Joslin seconded the motion. The motion Carried unanimously 6-0. -8- August 18, 2021 Mr. Governale started his opening statement saying that a complaint was filed against Mr. McNabb (APEX Site and Demolition Corp.)for violation of Collier County Municode Sec 22-202 regarding the demolition of a residence, located at 635 Harbour Drive, Naples, FL 34103, without the required building permit. Mr. Jerulle asked if there was a permit applied for the demolition of the residence located 635 Harbour Drive,Naples, FL 34103 by APEX, to which Mr. Governale responded, `yes'. Mr. McNabb started his opening statement saying that they were overwhelmed and with short staff due to the pandemic. He thought the demolition permit was issued because he glanced at the Collier County's website and just read "permit issued", however it was only the fence permit and he corrected as quickly as he could. Mr. McNabb admitted that he started the job without the demolition permit, but it was unintentionally. The fence was already put in and inspected. Mr. Allen made a motion to close the public hearing. Mr. Jerulle seconded the motion. The motion Carried unanimously 6-0. Mr. McNabb agreed to pay the extra $3,500 and paid double permit cost. Mr. McNabb also agreed to hire more office staff to avoid this kind of situation in the future. Mr. Crotts advised the Board that the County would ask for a $1,000 fine paid within 90 days and failure will cause the license to be placed in a 12 months'probation. Mr. Allen made a motion to find Mr. McNabb guilty based on his representation to the board. Mr. Joslin seconded the motion. The motion Carried unanimously 6-0. Mr.Lantz said he is fine with the County's'recommendations because Mr.McNabb already paid$3,500 in fines to the City of Naples. Mr. Jerulle asked Mr. McNabb about his plans going forward to which Mr. McNabb responded that he plans to hire more staff to assist with the permitting. Mr.Allen made a motion to adopt the County's recommendations and if the fine if not paid within 90 days, then the license will be revoked. Mr. Jerulle seconded the motion. The motion Carried unanimously 6-0. Mr. Nolton proceeded to read the Board's Findings and Conclusions. B. TYRONE F WILLEY—CONTEST CITATION#11570 (UNLICENSED) Mr. Nolton called Mr. Willey to the podium. Mr. Crotts asked the board to postpone this case to the October 20, 2021 meeting. Mr. Jerulle made a motion to continue this case to the October 20, 2021 meeting. Mr.Allen seconded the motion. The motion Carried unanimously 6-0. -9- August 18, 2021 11. NEXT MEETING DATE: October 20, 2021 Commissioner's Chambers, 3rd Floor-Administrative Building Government Center, 3299 E. Tamiami Trail,Naples, FL Mr. Joslin made a motion to adjourn. Mr. Jerulle seconded the motion. The motion Carried unanimously 6-0. There being no further business for the good of the County, the meeting was adjourned at 10:43 AM. COLLIER COUNTY CONTRACTORS'BOARD MATTHEWNOLTON, Board Chairman The Minutes were approved by the Chairman or Vice Chairman of the Contractors' Licensing Board on 06—o c2z 2.0 , 2021, (check one) "as submitted" [ d ] or "as amended" F ]. -10-