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CLB Minutes 12/15/2021 Dec. 15, 2021 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING Dec. 15, 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 a.m. in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Center, Naples, Florida,with the following members present: Chairman: Matthew Nolton Vice Chairman: Terry Jerulle Richard E. Joslin Patrick G. White Todd Allen (excused) Kyle Lantz Robert Meister III Elle Hunt Stephen Jaron ALSO PRESENT: Kevin Noell, Esq., Contractors' Licensing Board Attorney Timothy Crotts, Contractor Licensing Supervisor Colleen Kerins, Assistant Collier County Attorney Michael Governale, Collier County License Compliance Officer Michael Bogert, Collier County License Compliance Officer Orlando Ramos, Collier County License Compliance Officer -1-- /N Dec. 15, 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: Chairman Matthew Nolton opened the meeting at 9:03 a.m. Roll call was taken; Eight members were present in the BCC Chambers. • Todd Allen was absent from the meeting. License Compliance Supervisor Timothy Crotts introduced two new members, Elle Hunt, who is representing District 1 as a consumer, and Stephen Jaron, a general contractor representing District 4. Board Member White said he was familiar with Board Member Hunt's background and asked Board Member Jaron to detail his background. Board Member Jaron explained that he's a general contractor who has been in the area for 17 years. He does a lot of renovation work on condos, some commercial work and builds new homes. Mr. Crotts said Mr. Allen gave prior notice that he could not attend due to a court matter and asked the Board to approve his absence as an approved, excused absence. Excused absence was approved. 2. ADDITIONS OR DELETIONS: Mr. Crotts asked that the public hearing, 10A—CEUL20210005389—Unlicensed—Tyrone F. Willey— Contesting Citation#11570—be removed from the agenda because the county withdrew the item. 3. APPROVAL OF AGENDA: Board Member Lantz moved to approve the agenda with the above changes. Vice Chairman Jerulle seconded the motion. It was carried unanimously, 8-0. 4. APPROVAL OF MINUTES: A. Approval of Minutes for Oct. 20, 2021 Changes: • At the bottom of page 13, where it starts with"Board Member White asked permission to inquire with questions. The Board grants permission," Board Member White said it was more accurate to say "the chair grants permission" because there was no vote by the Board. • On pages 28 and 32, Board Member White said there was bold text about"charges." He said it should instead say "disciplinary actions" because that's what the Board was talking about. He said he'd specify those instances with the minutes-keeper after the meeting and asked that future minutes use that terminology. Board Member White moved to approve the Oct. 20, 2021, meeting minutes, with the above -2-- Dec. 15, 2021 changes. Board Member Lantz seconded the motion. The motion carried unanimously, 8-0. 5. PUBLIC COMMENTS: None 6. DISCUSSION: A. Election of Chairman and Vice Chairman 2022 Term Mr. Crotts introduced Sandra Delgado as the new Operations Supervisor for Contractor Licensing. He also asked the Board to elect a chair and vice chair for the 2022 term, to take effect on Jan. 19, 2022. Board Member Lantz praised Vice Chairman Jerulle's work as vice chair for two terms and moved to nominate Vice Chairman Jerulle as chair. Board Member White seconded the motion. Vice Chairman Jerulle respectfully declined, saying he was very busy next year, but would be willing to continue as vice chair. Board Member White withdrew his second and Board Member Lantz withdrew his motion. Chairman Nolton made a motion to elect Board Member Lantz as chair and re-elect Vice Chairman Jerulle as vice chair. Board Member White seconded the motion; Board Member Lantz opposed. The motion passed 7-1. 7. REPORTS: None 8. NEW BUSINESS: A. ORDERS OF THE BOARD Board Member White made a motion to have the chairman sign the Orders of the Board. Vice Chairman Jerulle seconded the motion. The motion was carried unanimously, 8-0. The Orders of the Board were approved. B. Medardo Gomez—Naples Home & Remodeling Inc. —Review of Experience Chairman Nolton called Mr. Gomez to the podium. [Mr. Gomez was sworn in.] Mr. Crotts said Mr. Gomez submitted an application for the trade of Residential Pool/Spa Contractor, which requires 24 months of experience. As part of the review process by staff, Mr. Gomez submitted a verification of experience stating that he was a subcontractor for Miromar Pools LLC. Based on information from the owner of Miromar Pools, Mr. Gomez worked for him for 17 months,from August 2019 through January 2021, as a subcontracted employee, a 1099, not a payroll employee. Mr. Crotts advised that Mr. Gomez does not meet the requirements for application approval based on Collier County Ordinance 2006-46 Section 1.6.2.8, Residential Pool and Spa Contractor, which requires 24 months of experience. For that reason, Mr. Gomez is being referred to the Board under Section 2.5.2, Referral of an Application to the Contractors'Licensing Board For a -3-- Dec. 15, 2021 Decision. Mr. Gomez has appeared today to answer your questions. Vice Chairman Jerulle asked if this license would go away in July. Mr. Crotts said it will not, it's a Division 2 License that will stay. Board Member Joslin asked Mr. Gomez if he was a licensed general contractor, as it stated on his application. Mr. Gomez confirmed that he was. Board Member Joslin asked how he got involved with being a subcontractor building pools for Miromar. Mr. Gomez said the boss helped him to do the pools, that she has a license. Board Member Joslin said he wasn't on the payroll. Mr. Gomez said she put him on the form and supervised him while he supervised her jobs under her license. Vice Chairman Jerulle asked exactly what he did, exactly what he supervised. Mr. Gomez said he was kind of like a supervisor. Vice Chairman Jerulle said there are many parts to building pools and asked him to describe in detail exactly what he supervised. Mr. Gomez explained that he supervised the shells, excavation, everything on the pools, basically. Board Member White asked if that included bonding. Mr. Gomez said bonding was part of electrical. Board Member Joslin said no. Mr. Gomez said he had to put the electrical contractor's license on his permit. Board Member White told him it was kind of a trick question. Board Member Joslin asked who permitted the jobs, did you? Mr. Gomez said he did as a general contractor. Board Member Joslin said he didn't have a license to do anything but the shell, not the whole pool. Mr. Gomez said he didn't do the whole pool. Board Member Joslin said you just said you did. Mr. Gomez replied that, no, he just supervised. His boss put him as supervisor on the permit. Chairman Nolton asked if his boss was then a sub to him. Mr. Gomez replied, "Yes, exactly." Chairman Nolton said so when you supervised, it was under your license, is that what you're saying? Mr. Gomez said the permit was under his license, the permit for the pools. Board Member Joslin said that was confusing. Vice Chairman Jerulle asked Mr. Crofts if a general contractor can apply for a pool permit. Mr. Crotts said that was possible or they could do a portion, but they would have to sub out parts to a licensed subcontractor. It would be the same as a general contractor pulling a permit but subbing out the electrical and plumbing. Board Member Jaron asked if the pool contractor had to be stated on the permit. Mr. Crotts said that was correct. -4-- Dec. 15, 2021 Board Member Joslin said he then understood the experience factor because he wouldn't have the experience to build the entire pool. Board Member Joslin questioned whether Mr. Gomez had the experience to do the finishing work. Mr. Gomez said he was involved in the whole process. He said he does the house and pulls the permits for the house and he knows everything step-by-step for pools. Vice Chairman Jerulle said he knows everything step-by-step for pools, but he doesn't consider himself qualified to be a pool contractor. He told Mr. Gomez that now would be the time to convince the Board that he knows how to build a pool and detail his experience. Board Member Lantz asked if his entire 17 months was all supervising pools or was some of that supervising home construction? Mr. Gomez said some time was spent supervising home building, about five hours. Board Member Lantz said that amounted to about a month of work. Mr. Gomez said pools are a quick job, while homes are not. He said he was supervising everything. Chairman Nolton asked him to explain bonding and what it's for. Mr. Gomez said bonding is the ground for the pool, a cable going 12 feet around the pools, all that equipment. The bonding has to be attached to the screen and everything on the electric. Board Member White asked him about bonding, noting that he understood that pool grounding and bonding are not the same. Mr. Gomez said the cable is going around the shell, 12 inches between the shells and cables. That cable has to be grounded four to six inches. Chairman Nolton said it has to be buried. Mr. Gomez agreed, buried, exactly, four to six inches. He said everything has to be grounded. Two board members said no simultaneously. Board Member Lantz asked Mr. Gomez what kind of cable he uses. Mr. Gomez said it was a No. 10. Board Member Joslin said it would be a No. 8. Mr. Gomez replied, Oh, No. 8. Board Member Joslin noted that he's a pool contractor himself and said that's where the experience you need comes in. He contended Mr. Gomez did not have that required experience. If you ground it, you're going to ground the electric system. Grounding and bonding are not the same. He said you ground a pump. What do you ground when you ground a pump? Mr. Gomez said the bonding goes around the casing of the pump. He said the bonding is the one that goes around 12 feet. Board Member Joslin asked if there is a concrete deck, do you need to bond it? Mr. Gomez said you do, the bonding goes around the shell. Vice Chairman Jerulle maintained that Mr. Gomez does not meet the criteria for experience and asked Mr. Gomez to convince the Board that he does. Board Member Jaron asked if there was a particular book he was studying, was it the Florida -5-- Dec. 15, 2021 Building Code? Mr. Gomez said he'd studied the Florida Building Code on residences and pools. Board Member White asked if it was the entire code or just a prep book. He said that would take some time. Board Member Joslin noted that the code didn't involve just one book. Mr. Gomez said there were four books he'd studied. Chairman Nolton told him he'd done very well on the exam, that he had that going for him. Board Member Lantz then questioned him about piping work, whether he'd done any. Mr. Gomez said he didn't,that the plumber did that work. But he knows how to do it. Board Member Lantz asked what he did with the equipment, or was that all the plumbers? Mr. Gomez said that was the plumber and electrician. Vice Chairman Jerulle asked if he'd done any pool remodeling. Mr. Gomez said he hadn't done that yet. Vice Chairman Jerulle asked Mr. Crofts if this license would allow him to do that. Mr. Crotts said this license will give him the ability to build a pool from scratch, residential only. Board Member Lantz said he was concerned that Mr. Gomez didn't have the required experience. Board Member Lantz made a motion to reject Mr. Gomez's application because he does not have the required 24 months of experience under Collier County Ordinance 2006-46 Section 1.6.2.8, Residential Pool and Spa Contractor. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. C. Isai Perez—MIC Painting Services LLC—Review of Experience Chairman Nolton called Mr. Perez to the podium. [Mr. Perez was sworn in.] Mr. Crotts said that Mr. Perez has submitted an application for the trade of painting contractor, which requires 24 months of experience. As part of the review process for staff Mr. Perez submitted a verification of experience from Brothers Solutions Painting Inc., where Mr. Perez was alleged to have worked from April 2019 through August 2021. In reviewing the application and Verification of Experience form, staff noticed that the documents were written in the same handwriting and that the signature on the verification form was different from the signature of Mr. Rivera. Mr. Crotts said he contacted the owner, Mr. Rivera, who said the name Isai Perez did not ring a bell and he did not recall him working for his company. He also said he did not remember signing the Verification of Experience forms. Afterward, Mr. Crotts received a call from Mrs. Rivera saying Mr. Perez had worked for the company very sporadically and was never a full-time employee. Mrs. Rivera was unable to specify how often he'd worked there. Mr. Crotts said he had a one-on-one interview with Mr. Perez and determined that the application and verification were completed by Mr. Perez's mother and the signature on the verification form belonged to Mr. Perez's wife. Mr. Crotts stated that based on information received and discovered during the review process, Mr. Perez does not meet the required experience required under Collier County Ordinance 2006- -6-- Dec. 15, 2021 46 Section 1.6.3.30 Painting Contractor. As part of the application process, an affidavit was signed and notarized on Oct. 13, 2021, that said under the penalty of perjury, he declared that he had read the forgoing application and the facts he stated were true but were determined not to be true. Mr. Perez is being referred to the Board under Section 2.5.2, Referral of an Application to the Contractors'Licensing Board For a Decision. Board Member White asked the chair if he minded if he offered his legal opinion. Chairman Nolton said he did not. Board Member White told Mr. Perez, "Sir, If I were you standing at that podium, I would ask this board to withdraw this application and walk out the door. If you choose to go forward, you will bear the consequences." Mr. Perez asked to withdraw his application. Board Member White made a motion to accept the applicant's request to withdraw the application. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. Board members urged him to get real experience and Board Member White warned Mr. Perez never to falsify official records. D. Cassandra Mobley—Carcamo's Painting LLC—Review of Experience Chairman Nolton called Ms. Mobley to the podium. [Cassandra Mobley was sworn in by the notary public.] Mr. Crotts said Ms. Mobley submitted a form application for the trade of painting contractor, which requires 24 months of experience. As part of the review process by staff Ms. Mobley submitted a verification of experience from York Services LLC Painting Contractor that showed two months of experience. All other verification of experience was submitted as letters of reference by homeowners whose projects were completed by Ms. Mobley, not as a subcontractor for another company, but as an unlicensed contractor. Ms. Mobley did submit a resume of her experience, but none could be verified. Mr. Crotts said he conducted a one-on-one interview with Ms. Mobley and asked why she didn't get verifications from the other companies and Ms. Mobley said she was unable to contact them. Mr. Crotts stated that based on information received and discovered during the review process, Ms. Mobley does not meet the required experience required under Collier County Ordinance 2006-46 Section 1.6.3.30, Painting Contractor. Ms. Mobley is being referred to the Board under Section 2.5.2, Referral of Application to the Contractors'Licensing Board For a Decision. Ms. Mobley has been asked to appear before the Board today to answer your questions. Chairman Nolton told Ms. Mobley that this was her opportunity to convince the Board that she has the experience and to tell them why they should vote to waive the experience requirement. Ms. Mobley said she did have the two years of required experience and that she'd started painting when she was 19 or 20. However, that was years ago and the companies are no longer up and running. She did request tax records from the IRS to prove it, but the IRS does not keep records -7-- Dec. 15, 2021 that long. She has done painting over the years,just not full time because she became a mother and the schedule didn't work out. She started working for the school district and did painting on the side, including working for York. She also worked during the summers and weekends, when she could, to keep it going. Board Member Jaron asked if she still had her own tax records to prove her work experience. Ms. Mobley said they were too old and she didn't keep them. That work was when she was 19 and she's now 38; so she does not. Chairman Nolton pointed out the IRS only requires that records be kept for seven years. Vice Chairman Jerulle asked if this license would go away in July. Mr. Crotts said it would. Vice Chairman Jerulle asked if this was August 2022,this would not be coming before us? Mr. Crotts said it would be on July 1, 2023. Board Member White said that's assuming the current legislature ... Mr. Crotts finished ...Yes, if the current legislature doesn't repeal the current House Bill, that's correct. Board Member Lantz then asked Ms. Mobley what kind of work she did, residential repaints? Ms. Mobley said she does residential painting, interior and exterior, and refreshing is what she likes best because she can make more money on it. Board Member White asked if she does two-story homes. Ms. Mobley said she only paints one-story homes. Board Member White asked what her preference for paint was. Ms. Mobley replied that it was satin, and Behr, which she found to be good quality. Board Member White asked how many homes she's painted during her career. Ms. Mobley said she'd painted many new construction homes as part of a company, but only four or five on the side on her own. Vice Chairman Jerulle asked what she would do if she went to his home and the stucco was cracked and his house was dirty, and it hadn't been painted in over 10 years. What would you recommend? Ms. Mobley said she would saturate his lawn with bleach and protect his plants. She'd pressure wash the home and seal the cracks. If the paint was 10 years old or more, she said she would use primer before painting. Vice Chairman Jerulle asked what she'd use to seal the cracks. Ms. Mobley said she uses caulking, usually latex. Vice Chairman Jerulle asked what type of paint she'd use. She said she liked satin. Vice Chairman Jerulle again asked what type, not the sheen. He asked what type. Ms. Mobley replied, exterior paint. Chairman Nolton then asked her what the general types of paint are. Ms. Mobley listed satin, oil, latex, oil, water, semi-gloss, eggshell and high gloss. Board Member White pointed out you could get all paints in those finishes. He asked what about enamel? -8-- Dec. 15, 2021 Ms. Mobley said enamel was another. Board Member White asked if there were one or more applications she preferred to use. Ms. Mobley said she'd used most of them, but most customers like to stick with satin for high- traffic areas. Board Member White asked about the application, how would she put the paint on stucco, the primer and finish coats? Ms. Mobley said she liked to use a 5-gallon bucket, a screen and a good roller because that works better than spraying. Board Member White asked about cutting in with a brush, stippling in. He said it was difficult on stucco even with a thick nap. Ms. Mobley said that's why she likes to prime it and cut in with a brush, with two coats to finish. She said she uses a good, thick nap. She usually does two coats on top of primer after it dries. Sometimes she uses interior with exterior. Board Member Lantz asked her what she would do with the license, whether she'd become a full-time painter. Ms. Mobley said she wants to be a full-time painter and no longer wants to work in an office. Board Member Lantz asked if she wanted to do residential or commercial work, repaints. Ms. Mobley said she now works for Collier County in the Facilities Department and knows it's hard to find workers now. So as of now, she said she wants to do residential work until she can find a good team. She would like to eventually expand to do all types of work, residential and commercial. Vice Chairman Jerulle pointed out she'd been working without a permit. Mrs. Mobley admitted she had. Vice Chairman Jerulle didn't think she had the experience needed because some of her answers to the Board's questions were incorrect. He said she needed more experience. Mrs. Mobley inquired if there was a temporary trial she could undergo to prove herself. Mr. Crotts said there was a probationary license and restrictions could be placed on it. Board Member White suggested restricting it to one-story residentials. Board Member White made a motion to approve a license with one-year probation. It was seconded by Board Member Lantz. Board Member Hunt asked Ms. Mobley how she would ask the Board to measure her success or failure during the probationary period. She noted that Ms. Mobley had been working all these years and eight letters over all this time wasn't a lot. You're saying the measure of success should be recommendations? Ms. Mobley said her customers would tell the Board. Board Member Lantz pointed out that Ms. Mobley had brought eight letters. Board Member Hunt asked how many years the eight letters represented and noted that the Board had to determine Ms. Mobley was a good contractor. Ms. Mobley said she was only able to work part-time due to her circumstances and that's why she -9-- Dec. 15, 2021 wanted to obtain a license. She said she didn't go around promoting herself without a license and obtained work through word-of-mouth. Board Member White agreed that positive feedback from customers would be OK and the other side would be the absence of complaints against her. He said he was comfortable with the motion to approve and encouraged her to keep letters about any feedback because it would impact her license a year from now. Mr. Crotts suggested that the Board ask Ms. Mobley to come back to the Board in 12 months to report on her progress, the number of jobs she'd done, and he could show the Board whether any complaints were lodged against her. Board Member Jaron asked Ms. Mobley whether her current county job was full-time. Ms. Mobley said it was, but she was ready to resign, ready for a change. Board Member Joslin suggested that she could report each job to staff so it could be monitored. Mr. Crotts said that would not work for staff. He said Ms. Mobley can report to them after the 12-month probationary period and he can review the number of jobs and whether there were any complaints. If there were complaints, he said, Ms. Mobley would be brought before the Board to address that issue. Board Member White said if a permit was involved, he could see Board Member Joslin's perspective. Board Member Joslin said he was concerned about giving someone a year's time, when he didn't think she had the experience. Board Member White said he was confident Ms. Mobley was experienced with one-story homes. Board Member Hunt asked if Ms. Mobley would come before the Board if a complaint was lodged. Mr. Crotts affirmed she would be. Board Member White made a motion to approve a license with a probationary period of 12 months, after which Ms. Mobley would contact a staff member to report on her progress. Board Member Lantz seconded the motion; Vice Chairman Jerulle opposed. The motion passed 7-1. E. Ever Marrero - 3E On Time Investment Corp.—Review of Experience Chairman Nolton called Mr. Marrero to the podium. [Mr. Marrero and his translator, Jesus Fonseca, who also is his boss, were sworn in.] Mr. Crotts said Mr. Marrero submitted an application for the trade of residential contractor, which requires 48 months of experience. As part of the review process by staff Mr. Marrero submitted a Verification of Experience from GC Fonseca Construction that showed he worked there from August 2017 to August 2021 (four years). Mr. Crotts said he contacted the license holder, the company president, Jesus Fonseca Alfonso, to verify Mr. Marrero's experience and whether he was a full-time employee. Mr. Alfonso told him Mr. Marrero was not on the payroll or a full-time employee. He said Mr. Marrero was a 1099 -10- Dec. 15, 2021 employee and that he paid Mr. Marrero's company to help him out. Mr. Crotts said he asked Mr. Alfonso if he knew that Mr. Marrero was unlicensed and he replied, "Yeah, I guess so. "Mr. Crotts asked Mr. Alfonso if his statement on the verification was incorrect regarding Mr. Marrero being an employee and he said that, yeah, he guessed so, his wife filled out the form. Mr. Crotts said he advised Mr. Alfonso that he had to put Mr. Marrero on his payroll as a W2 employee if he continued to use him. Afterward, Mr. Crotts conducted an in person interview with Mr. Marrero, who said he had not worked for Mr. Alfonso as an employee. Mr. Crotts told him that Mr. Alfonso advised him that he'd been a 1099 employee and only worked four to five jobs. Mr. Marrero said he never received any money from GC Fonseca and only went to job sites to watch how work was being done so he could learn how to do it. Mr. Crotts asked if he performed any work and he said he had not; he only watched work being done. He said he worked in Cuba as a contractor and does not have experience here. Mr. Crotts advised him that he had to appear before the Contracting Board. Mr. Crotts stated that Mr. Marrero does not meet the requirements for application approval based on Collier County Ordinance 2006-46 Section 1.6.1.3., Residential Contractor,for 48 months of experience. For that reason, Mr. Marrero is being referred to the Board under Section 2.5.2, Referral Application to the Contractors Board For a Decision. Mr. Marrero has appeared today to answer your questions. Board member Jaron asked what 3E On Time Investment Corp. was. Was it his former employer, his business? Mr. Marrero,through his translator, Mr. Alfonso, said that was his business. Board Member Jaron asked if he'd done $2.5 million in sales. Mr. Marrero turned to Mr. Alfonso and said that was Mr. Alfonso's business that had. Mr. Alfonso said GC Fonseca Construction Inc. has done $2.5 million in sales. Chairman Nolton asked Mr. Crotts if Mr. Marrero's translator was the man he'd spoken to during his investigation. Mr. Crotts said that was correct and explained that Mr. Alfonso was the qualifier for experience. Chairman Nolton asked if he was or wasn't an employee. Mr. Crotts said that according to Mr. Marrero, he was not, he never got paid,he went to job sites to learn the trade, and did not get paid. Chairman Nolton said then he was basically an observer. Vice Chairman Jerulle said the burden was on Mr. Marrero to show that he was not just an observer but had the 48 months of experience. Mr. Marrero and Mr. Alfonso talked in Spanish and Mr. Marrero said, yes, sir. Mr. Alfonso said that was true, that he was kind of working with him and watching to get experience next to him, supervising with him, learning the process of inspections,jobs, subcontracting and all construction jobs. He added that Mr. Marrero had been working on his projects for the past four years and passed all his exams. -11- Dec. 15, 2021 Board Member Lantz asked what type of projects he was working on, whether it was new construction. Mr. Alfonso said it was residential, new construction. Chairman Nolton asked whether Mr. Marrero had experience studying and reviewing plans, and whether he knew how to construct or direct personnel. Mr. Alfonso said he did that, but Mr, Marrero was next to him and watched him. Chairman Nolton contended watching and doing are two separate things. Mr. Alfonso said that Mr. Marrero is unlicensed, so he watched him. Chairman Nolton pointed out that because Mr. Marrero is licensed, Mr. Marrero could supervise a job and direct people and control a job under Mr. Alfonso's license. Board Member White said the scope of a license says you're supposed to have 48 months of experience being a contractor or providing the types of services for the construction,remodeling, repair, and improvement of 1-, 2-, 3-family residences, not excluding two stories. So what hands- on experience does Mr. Marrero have with construction, remodeling and repair. He doesn't have the experience. I'm a lawyer. If my son watched me do lawyering, he couldn't sit for the bar. If he did, the bar would have issues because he doesn't have the experience. That's like learning how to do surgery by watching. You're not there yet. Board Member Joslin said that's why they practiced. Mr. Alfonso said he understood that Mr. Marrero didn't have a license and he could not leave him to work by himself. Board Member White said he can work, but he can't work as a contractor, a 1099, he must work as an employee. He has no evidence that he worked as an employee. Even if I get over the hurdle of experience, Mr. Marrero doesn't have sufficient credit to generate a credit report. It's really quite an uphill battle. Board Member Joslin asked what Mr. Alfonso's reasoning was for not hiring him as an employee. Mr. Alfonso said Mr. Marrero also is an investor in his business, so he builds Mr. Marrero's houses and he thought he could learn the process. He said Mr. Marrero's ultimate goal was to pass the exams within four or five years, get licensed and to build houses without general contractors. He said they were neighbors and friends for years, as well, and he didn't think of putting him on the payroll because he has no employees and subcontracts all his subs, for now. He said his company has grown in the last four years, so it took a little while to grow to where it is now. But he said he never thought to put him on a W2. Board Member Joslin said it was too bad that he didn't employ him four years ago, put him on the payroll, because he would have the required experience by now. Board Member Hunt said she had a hard time believing that Mr. Marrero followed him around for 40 hours a week for four years and didn't get paid. Mr. Alfonso said Mr. Marrero has his business, as well. He said he builds Mr. Marrero's houses and Mr. Marrero sells them and makes money. Board Member Hunt asked how many hours a week Mr. Marrero was following him around. -12- Dec. 15, 2021 Mr. Alfonso replied that sometimes Mr. Marrero was inspecting, running around and he has been involved full-time,probably more than 10 hours a day. Board Member Lantz asked Mr. Marrero how his English was. Mr. Marrero indicated he could speak a little. Board Member Lantz said that's what he wanted to hear, in Mr. Marrero's words, what goes into building a house. Not your words, he told Mr. Alfonso. Mr. Marrero (in broken English) said first he buys the land, checks if it's possible to build on, one-quarter, 125 accuracy is good. Before, after the 1982 construction, it's impossible construction. It's not possible. The second thing is he buys the land, signs for the survey,the survey says the architect, and the architect does the scope of the project, and chooses a floor plan. Board Member Lantz said he wanted to hear the actual construction part. He was explaining the role of an investor,not a builder. He wanted to hear what Mr. Marrero did as a builder. Mr. Marrero said 72 hours for right of way, he takes a photo for land, and then clears the lot, no more than what's allowed. He calls the surveyor for four points, including the slope, more elevation, remove the fill, complete the test and sign a permit. Board Member Lantz interjected, saying that was already done. Mr. Marrero said he calls the survey foreman for the survey, the four points of the house. He calls for underground plumbing and calls the foreman to prepare flooring. Board Member Lantz asked, how do they do that? Mr. Marrero said through fumigation. Board Member Lantz asked how he got from him calling to do forms to getting the concrete poured. What is the process the concrete company is going to do for that? Mr. Alfonso (translating for Mr. Marrero, after they talked between themselves) said before when you have the form,you have underground plumbing, you have elevation. Board Member Lantz interjected,telling Mr. Alfonso that we know you know how to do it. Mr. Marrero said he does the grade,you spray for termites, put plastic right after you spray, then you do rebar. Board Member Lantz asked what kind of footers he used and to explain the different types of foundations. Mr. Marrero replied that he used a monolith slab, with 3,000 psi. [Mr. Alfonso and Mr. Marrero talked among themselves as Mr. Marrero described it to Mr. Alfonso.] Chairman Nolton said he didn't speak Spanish and didn't know who was coaching whom and everyone could talk all day about building a house. Board Member Lantz asked him to tell him about three types of foundation and what the difference was. Mr. Marrero said the footing,the block and pass to little beams and fill.Now he has the one house at 2586 Randall Boulevard. He said he has two investments in Randall Boulevard. The other is 2420. It's half monolithic, less land. He said he built a slab on the fill. -13- Dec. 15, 2021 Chairman Nolton said that was two types and asked for a third. Mr. Marrero said he uses two, that he didn't know a third. Chairman Nolton said he's asking to be a builder, so what's a third type of foundation? Mr. Marrero said he uses two, apologized for his bad English, saying he works very hard. Chairman Nolton said they know he works very hard, but he did not have the required experience. They have no evidence that he has experience,just that he observed jobs. Mr. Marrero said his application is only for a general contractor, but he said he has experience in this area. Board Member Lantz pointed out that he didn't tie the rebar or finish the concrete. He scheduled someone else to do it. Mr. Alfonso confirmed that was true. [Mr. Marrero spoke to Mr. Alfonso in Spanish.] Chairman Nolton asked how long Mr. Alfonso had been licensed. Mr. Alfonso said since 2017. Chairman Nolton asked Mr. Alfonso if it was his opinion that Mr. Marrero had the necessary experience to be a licensed contractor on his own. Mr. Alfonso replied that he did, he could be a help from the ground up and could work without his supervision. Chairman Nolton asked Mr. Crotts for his opinion. Mr. Crotts said the application for the residential license should be denied based upon his experience. He said Mr. Marrero has the ability to get experience onsite and to perform that work hands on. Board Member White said Mr. Marrero's series of scores on the exams concerned him, in addition to what they have heard on the record regarding the absence of work experience. He also said the Board shouldn't approve the request because there was no evidence of a credit record, so there are multiple challenges Mr. Marrero will have to address to obtain a license. Board Member White moved to deny Mr. Marrero's application based on his lack of experience and failure to demonstrate adequate credit. Board Member Joslin seconded the motion. The motion carried unanimously, 8-0. Chairman Nolton advised Mr. Marrero that the Board's goal was to help everybody, but they could not help him because he didn't have the experience. Mr. Alfonso asked how. Chairman Nolton said he needs to work for somebody. He could have worked for you that whole time. Board Member Joslin said he could have gotten a license. Board Member White said hopefully he would have, but he doesn't have the credit. Chairman Nolton asked Mr. Crofts if he hadn't had the credit, but had the experience, would Mr. Marrero still be here? Mr. Crotts said he could have been brought to the Board, but experience was the main issue. Board Member White said they'd worked hard to be objective. -14- Dec. 15, 2021 Mr. Alfonso said they appreciated that and added that Mr. Marrero wants to come back and get his license. Board Member White explained that he had to work on the job, be an employee and show he can do it on his own. He said he could build a house for Mr. Alfonso as an employee. Board Member Joslin said they probably could overcome the credit, but the lack of experience was a loaded gun. He urged him to get the required experience and then apply for a license by working for Mr. Alfonso, even if he's only paid $10. Board Member White told him he must do the work on his own, not as Mr. Alfonso's shadow. He noted they were instructing a future potential applicant how to get a license but pointed out there was no testimony about Mr. Marrero's experience remodeling, as Mr. Alfonso said Mr. Marrero had on the verification. He told Mr. Alfonso that he might reconsider what he puts on an official record and swears to. Mr. Alfonso said he would. F. Yoslandi Martinez—Terra Nova Landscape Inc.—Review of Credit Chairman Nolton called Mr. Martinez to the podium. [Mr. Martinez was sworn in.] Chairman Nolton asked Mr. Crotts to move this issue quickly because Mr. Martinez just had a credit issue. He wanted to hear why. Mr. Crotts reported that Mr. Martinez had $25,788 in collections and charge-offs as of Sept. 21, 2021. Chairman Nolton told Mr. Martinez that it was his opportunity to tell the Board his account and why the Board should ignore his credit score. Mr. Martinez said he'd worked on some of the charge-offs already but did not have proof. The credit agencies haven't sent him an update yet, but he'd called them. Board Member Hunt asked, so you have no update? Mr. Martinez said he had none. He was waiting. Board Member White asked how long it would take to get the information he'd like the Board to have, a month, two months? Mr. Martinez replied: "Probably,yeah." Board Member White suggested possibly tabling the item for two months so the Board would have more information on the record for staff. He told him the best he might get today would be a probationary license and he'd be expected to make substantial payments to people in a very short period of time. Mr. Martinez said that's what he's doing now. Board Member White said that was great. What they needed was proof of that in the record, in his application, and if it took him a month or two to do, the Board would be happy to hear that then. Mr. Martinez said that's why he's trying to get the license, to get bigger jobs. Board Member White said it's a Catch-22. He said it made more sense to come back again. Mr. Martinez said he's on payment plans for some. Some, like Sheffield and Medallion, involved equipment that he owns that he's making payments on, but had fallen behind on and he is getting back on track. He said he'd called to ask for proof he's making payments, but he hasn't gotten that yet. -15- Dec. 15, 2021 Board Member White said he understood the credit reporting agency couldn't do that quickly but said Mr. Martinez could request that the people he's making payments to provide him with some form of written documentation that he's on a payment plan. If he did that, he'd be in a position where the Board could favorably consider his request. Chairman Nolton said he may be fixing everything, but the Board couldn't take his word. They needed documentation. The Board doesn't have enough information to consider yet. He told Mr. Martinez that Board Member White suggested this item be tabled. Mr. Martinez said he could come to the January meeting and could start calling credit agencies right away. Vice Chairman Jerulle told him Mr. Crotts denied it for that reason and he probably would get denied today because he didn't have the credit. He said the Board needs proof that he's working it off. All the Board is asking for is some documentation that he's working on all of the items, whether he's paying $1 a month or$100 a month, something to prove he's working toward paying it off Mr. Martinez said he'd get those documents. Mr. Crotts said they'd be willing to work with Mr. Martinez to make sure he understands exactly what the Board is looking for as far as the companies he's working with and that the payment plans are active to show he's up to date. Board Member White again asked if he'd like it to be tabled for a month. Mr. Martinez said that he would. Board Member White made a motion to table Mr. Martinez's Review of Credit for a month, until the Jan. 19, 2022 meeting. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. Chairman Nolton told Mr. Martinez that Mr. Crofts would tell him what kind of proof he needed to bring to the Board so the Board would know he was moving forward in good faith and they could deliberate at that time. G. Daniel M. Adler—Tropical Touch Gardens Center Inc.—Waiver of Exams Chairman Nolton called Mr. Adler to the podium. [Mr. Adler was sworn in.] Mr. Crotts said that Mr. Adler submitted an application for the issuance of a canceled certificate of competency for the trade of tree trimming. Mr. Adler's license was placed in canceled status in 2017 due to non-renewal. Under Ordinance 2006-46 Section 1.4, Renewal of Certificate of Competency, subsection 1.4.9, in part, as of the date of receipt of the said application, if three years have passed since the date of the applicant's most recent exam(s), the applicant is required to pass all applicable exams again. Mr. Adler took his exams on Dec. 23, 2013. He retook the tree-trimming trade exam on July 15, 2021, and received a passing grade. Mr. Adler is now coming before the Board to request a waiver of the business and procedure exam. Mr. Adler has met all other requirements of the application process. Chairman Nolton asked Mr. Adler if he'd been in business the entire time. -16- Dec. 15, 2021 Mr. Adler said he'd been working for Tropical Touch for 10 years now,primarily on the East Coast, and they lost some West Coast properties here in 2017. The business also had some issues with its office management. The officer manager did not renew certain contractor licenses in certain counties, including Collier. Chairman Nolton asked if he was licensed in other counties, continuously. Mr. Adler said yes, continuously for 10 years in Broward, Dade, West Palm Beach, and some minor work in Monroe County. They do storm cleanup in various states annually and he's continuously done tree trimming. He's had an arborist's license since 2016 and a tree-trimming license since 2013. The only reason he didn't take the business license exam here is because it wasn't issued to Gainesville for independent testing. He said he had to call here because he'd been trying to get licensed here since the beginning of the year. Part of the delay was COVID. His paperwork got lost and he re-contacted Contractor Licensing,they found his application, and he asked them to send it to Gainesville. They only sent the trade license information to Gainesville, not the business license information. He wants to get licensed in Collier County so he can do tree trimming for some property managers that have requested their services. Board Member White asked him what aspect of financial dealings of a business entity he had experience in over the past three years. He asked for aspects pertinent to the business procedures exam. Mr. Adler said he runs a full tree and landscaping maintenance company. Board Member White asked him to be more specific about what that means, specific to the business and law exam. Mr. Adler said he dispatches all crews, deals with clientele, estimates, getting payments, all the contacts with clientele. Chairman Nolton asked what his position was. Mr. Adler said he runs the company as a manager, vice president, and runs the company day in and day out. He has part ownership with his father. Board Member Joslin asked if he had check-writing abilities. Mr. Adler said he did not,just the president, his father, Mario Adler. Board Member Lantz asked if he'd had any licensing troubles over the past three to five years. Mr. Adler said they'd had no troubles. He deals with all licensing for the company, city foresters, he deals with all the counties. He said Sunrise and Plantation are similar to Collier County because they're the most stringent and strict involving tree trimming and tree removal. Vice Chairman Jerulle asked for Mr. Crofts' recommendation. Mr. Crotts said he was satisfied he had the ability to conduct the trade but said the business and law examination is equally important for running the business and probably should be required, especially due to any updates that may have occurred. He added that staff would be willing to help Mr. Adler expedite that process. Vice Chairman Jerulle asked Mr. Adler if the Board gave him a probationary license, would he take the exam within three months? Mr. Adler said he'd take it tomorrow if he could. The issue is not being able to take the test,the issue is the time frame. He needs it to be expedited. -17- Dec. 15, 2021 Vice Chairman Jerulle made a motion to grant a probationary license, conditional upon passing the business procedures examination in 90 days, after which the probation would be lifted. Board Member Lantz seconded the motion. The motion carried unanimously, 8-0. The Board took a BREAK from 10:35 a.m. to 10:45, when they resumed the hearings. 9. OLD BUSINESS: None 10. PUBLIC HEARINGS: A. CEUL20210005389 — Unlicensed—Tyrone F. Willey — Contesting Citation #11570 (Withdrawn) B. 2021-13—Nelica Krekic dba Nella K LLC (CEMIS20210011430) Chairman Nolton said he'd read the preamble. Attorney Noell said that wasn't necessary yet because the respondent hadn't arrived, just the respondent's husband. He said he could be sworn in and then open it up for a hearing. Chairman Nolton called Mrs. Krekic's husband, Zlatan Krekic, to the podium. [Mr. Krekic and witnesses were sworn in.] Attorney Noell said they probably would have a continuance request, so they should allow Mr. Krekic to speak to the Board first.She 1A Board Member White asked if-he wanted Mr. Krekic to address the Board as a matter of process before they open the proceeding. Attorney Noell said that was correct. Mr. Krekic told the board that his business was going to surrender its license, but his wife is out of the country due to her father's health. Attorney Noell asked if his wife asked him to come here today and speak to the Board on her behalf. Mr. Krekic said she did not. Attorney Noell said that because the respondent didn't ask him to come to speak on her behalf, technically that made the hearing a no-show. But he said the Board could hear from Mr. Krekic. Board Member White said there may be a fine distinction between him understanding whether she asked him to appear on her behalf or whether he would have her permission to speak on her behalf He asked if his wife would ask 'no speak on her behalf get Mr. Krekic said yes. He could call her now. Board Member White said he could have done that before he came today. Mr. Krekic said that's not what he was told. He said he wanted to be here today to ask for a continuance until she returns to the country. She could only write a letter because she can't travel to the embassy in the capital of Croatia due to her father's health. We are just waiting for her to come and do that letter. [Witnesses were sworn in.] -18- Dec. 15, 2021 Board Member White asked if it was his license. Mr. Krekic said no. Board Member White noted that it's not his license, it was hers. Mr. Krekic said that was correct. Board Member White asked what work is currently being done, whether he's seeking work currently and if there are any ongoing jobs in Collier County. He asked how long it would take to wrap up their current jobs. Mr. Krekic said only paver work is being done, there are no current jobs, it would take two or three weeks to finish all his jobs, but he's not seeking any jobs and he doesn't have any ongoing jobs in Collier County. Board Member White made a motion to continue the hearing until next month. Assistant Collier County Attorney Colleen Kerins said they'd sent correspondence asking for clarification about when Mrs. Krekic left the country and didn't get an answer. She said the county also was concerned about whether she really is out of the country. They are concerned based on investigators' information that she is not. Ms. Kerins didn't want this kicked down the road further and further. She said a date certain would be required for the hearing so the Board is not back in this situation next month. Board Member White asked what the Board's alternatives were today involving hearing the case and reaching a conclusion. Attorney Noell said it could be considered a motion for a continuance, but that's technically not correct since Mrs. Krekic, the business owner, is not here today. He said the investigator could proceed with the hearing or a continuance in her absence, at the Board's discretion. If they deny a continuance, if it went up on appeal, depending on which Circuit Court judge was assigned the case, the judge might have more stringent views about giving a one-time continuance in a quasi-judicial setting, while other judges are less strict and allow it one time, and others are strict and if the respondent wasn't given notice, it's on the respondent. If the Board agrees to a one-time continuance, it should set a date certain and ensure Mrs. Krekic is given proper notice. Vice Chairman Jerulle asked Mr. Crotts whether the license is still active and whether the Krekics could still pull permits. Mr. Crotts said it was. The license was placed on a probationary status at the last hearing in October, but work can still be done. Vice Chairman Jerulle said work could be done on existing permits, he was referring to whether new permits could be pulled. Mr. Crotts said nothing stops the business from entering new contracts at this time. Board Member White asked if they should then consider the matter and reach a conclusion. Attorney Noell said that was correct. He advised the Board that it should set a date certain for a hearing or continue with the hearing today. The Board doesn't need to go into the evidentiary part if the Board doesn't want to. If the Board doesn't want to grant a continuance and proceeds today in Mrs. Krekic's absence, he said, there must be detailed notes about what happened today, and the testimony, to lay a record in case there's an appeal. Board Member White said he was in favor of hearing the case today and he would vote that way, unless the county wanted it tabled and continued. -19- Dec. 15, 2021 Chairman Nolton inquired whether they might get a judge on appeal who would frown upon that if the Board didn't grant a continuance. Attorney Noell said that was correct. Chairman Nolton noted the Krekics were on probation and asked if the Board had the ability to suspend the license. Attorney Noell said that would invoke some due process considerations because that affects a property right, Mrs. Krekic's due process and opportunity to be heard. He noted that the Board hadn't given Mrs. Krekic full notice if they held a hearing. He wanted to be more comfortable with proceeding with an administrative complaint, rather than working out a happy medium. But that would be more jeopardy than moving forward. Board Member Joslin asked if staff could table it. Board Member White said he didn't hear staff asking for that. Board Member Joslin said he just wanted to know if it was possible, only because the respondent wasn't here. Mr. Crotts said staffs concern is whether Mrs. Krekic would be here next month. Board Member White said the business could still pull permits, engage in new contract work and that the Board should protect the consumer from harm while still protecting the respondent's due process. Vice Chairman Jerulle noted that the Board had heard cases in the past without the respondent being present. Board Member Hunt reminded the Board that Mr. Krekic had asked to surrender the license. Mr. Krekic said no, they were fine with getting a suspension. His wife would surrender the license but could only do it while out of the country by going to the embassy. However, she cannot go to the embassy. He assured the Board that she'd be here at the next hearing, but said staff told him they did not have to come if she was just surrendering the license and sent a notarized request. He said she'd return before the next hearing. He asked if she could just go to Mr. Crofts' office because they were told they didn't have to come to the next hearing. Attorney Noell recommended that the Board treat this as a motion to continue, although it was insufficient because the respondent, Mrs. Krekic, wasn't here. Because she's not here, he said, they could take evidence about whether proper notice was provided and testimony about what correspondence and discussions staff had with Mr. or Mrs. Krekic. Chairman Nolton asked if they could do that without opening a hearing. Mr. Crotts asked that witnesses be sworn in. [Witnesses were sworn in.] Board Member White made a motion to open the hearing. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. The hearing was opened. Chairman Nolton said that the Board normally would ask the county to enter evidence. Attorney Noell said that instead, the Board could decide to continue or proceed to a hearing and the investigator could provide details. He said the Board needed to hear that service was properly done. Collier County License Compliance Officer Michael Governale started an opening statement, -20- Dec. 15, 2021 testifying that he was a licensed investigator. .Board Member White said: Motion denied. He said he didn't want an opening statement. He just wanted evidence of what notices were provided to the respondent for today's hearing and any other formal actions that were taken. Chairman Nolton said they just needed to hear what steps were taken to notify the respondent. Investigator Governale said that on Nov. 16, he met with Zlatan Krekic, an officer of Nella K LLC, at the Growth Management Development Building and showed him copies of the contract and payment and served him with a notice of the hearing. Mr. Krekic read it, signed it and he provided Mr. Krekic with a copy. Chairman Nolton asked if they had a conversation. Investigator Governale said they did not because Mr. Krekic told him his wife was out of the country and would not be back for a few weeks. Board Member White asked if there was any follow up. Investigator Governale said he followed up with phone calls to Mr. Krekic, most recently on Dec. 14, yesterday. Board Member White asked if any other actions regarding notice had been taken or posted about a public hearing. Investigator Governale said there were none. Board Member Joslin said he was reading the packet and it said that on Dec. 6, 2021, there was a notice of hearing given in person for the Dec. 15, 2021, meeting. He asked if there was any other notice. Attorney Noell said there was no other notice, but Mr. Krekic was notified. Mr. Krekic is a member of Nella K LLC, according to Sunbiz. Mr. Krekic said he is a manager of the company. Board Member White asked that since he was advised about the hearing, had he spoken to his wife about it? Mr. Krekic said he had spoken with her, and they talked about surrendering their license. Board Member White asked if they could come before the Board on Jan. 19, 2022, or surrender it prior to that. Mr. Krekic replied: "100 percent." Chairman Nolton asked if the county had any other communication with the licensee. Attorney Noell said no. Board Member White asked if his wife was aware of today's hearing. Mr. Krekic said she was. Board Member White thanked him and stated that was notice. Attorney Noell said there was further information the investigator had concerning Mrs. Krekic being out of the country. Board Member White said he'd be happy to make a motion to deny the request for a continuance. Mr. Crotts said they'd heard testimony and that on Nov. 16, he'd met with Mr. Krekic and provided notice of hearing. Staff researched the case on a public portal, Facebook, and discovered that Mr. and Mrs. Krekic were in St. Augustine at a family gathering on Dec. 11, 2021. Pictures on a Facebook account showed that. Board Member White asked that his research be placed in evidence, with respect to the motion to continue. -21- Dec. 15, 2021 [The evidence was shown to the Board on the overhead projector.] Mr. Krekic contended that the Facebook photo was from last year, the same date, and he could prove it. Board Member White asked if he was referring to 2020. Mr. Krekic said yes. Board Member White thanked him for clarifying. Mr. Crotts said that was a live post (this year). Staff found a live Facebook posting from Mrs. Krekic on Dec. 10, showing they were in St. Augustine. Staff was able to confirm this because a party in Croatia inquired about it, saying it was beautiful and asking where they were, and Mrs. Krekic reponded, "St. Augustine." Mr. Krekic contended it wasn't live, his wife hadn't posted it, he did. She couldn't. That was a year ago. I did it. He said they share a Facebook account. He doesn't have his own Facebook account. Board Member White asked Mr. Crofts if there was any other evidence they could expect from the county. Mr. Crotts said no. He said the evidence showed she was in Florida, when she claimed she was out of the country. Under Order 2013-67, Section 4.3.3.1, a notice of hearing required of this section in the alternative may be accomplished by in-hand delivery of said notice to the contractor by the contractor licensing supervisor or his designee, or by leaving the notice at the contractor's business or his home address, or it can be accepted by a designee or a family member over age 18. Board Member White said it was his understanding that Mr. Krekic's wife was aware of the hearing today and that satisfies any concerns about procedural due process that he has as a board member. That's why he made a motion to deny the motion for a continuance. Attorney Noell said there was testimony that she was told she did not have to be here by staff. The staff did not tell her she could disregard the notice and not attend the hearing. Board Member White said he appreciated that. CC404" e eACe i,C Board Member White made a motion to-open--the--publis—hearinge Vice Chairman Jerulle seconded the motion. The motion passed unanimously, 8-0. Mr. Crotts said two investigators are ready to testify. Attorney Kerins said there also were supporting emails to support the facts that may be entered. [The investigators were sworn in.] Collier County Licensing Investigator Michael Bogert testified that on Dec. 14, he received an email from Nella Krekic's Gmail account requesting a copy of the Board Orders from the Oct. 21 meeting. He said he thanked her for her reply and sent her the Board Order and asked if her husband made her aware of this hearing. He told her to look at the attached Board Orders and asked if she'd be attending. She responded that she was out of the country. Mr. Krekic said he sent both emails. Board Member White asked if he was emailing as if he were his wife, in her voice? Mr. Krekic said yes, they use the same email. He said he responded as her. I just wanted to pay the $2,000 for one thing and $2,000 for another. He said he never received anything after the Board meeting to make payments after he obtained the permits, as they'd asked. He wanted to make the payments. Board Member White said he appreciated that, thank you. -22- Dec. 15, 2021 Chairman Nolton asked when his wife left the country. Mr. Krekic said she left on Nov. 2, 2021, and flew out of Miami. Board Member White asked Investigator Governale when he served Mr. Krekic. Investigator Governale said it was on Nov. 16. Board Member White said those were all supportive pieces of information, evidence. If he were a Circuit Court Judge hearing an appeal on a denial of the motion, the central fact in this case is that Mr. Krekic told his wife. I have not heard anything that says he was told she did not have to appear. Board Member Lantz agreed that there was no question that she knew she had to be here. The question in his mind is she's out of the country; how is she going to be here? And what does a month matter? Board Member White said that regardless of that fact, if they surrender the license and cure the case, the point of my motion is to hear the case before the Board today. He said he made the motion. Vice Chairman Jerulle said he seconded it. Chairman Nolton asked Attorney Noell if he had any more advice for the Board. Attorney Noell said he did not. Vice Chairman Jerulle asked Mr. Crofts what the prior order of the Board was. Mr. Crotts said that on Oct. 21, the Board ordered Mrs. Krekic be placed on 24 months of probation and fined her $2,000 ($1,000 for each violation), to be paid within the 24-month probationary period. Mr. Krekic said that's what he was told and that's why he emailed Investigator Bogart. We were told 90 days. Board Member White asked what the other counts were. Mr. Crotts said he was guilty of County Code Ordinance Section 22-201.2 and was to pay $2,000 within 90 days. If it was not paid within 90 days, the license automatically would be revoked and placed on a 24-month probationary period. She also shall notify the licensing supervisor within 24 hours about any work her company was performing that requires a license. Vice Chairman Jerulle asked what would occur if Mr. Krekic didn't notify the county. Mr. Crotts said the respondent would be brought back before the Board. He said the third count was similar. The 90 days are not up. Board Member White made a motion to deny the continuance. Vice Chairman Jerulle seconded the motion. Board members Joslin, Lantz and t opposed. The motion failed, 5-3. Nolfon pat5se i 11�'� Board Member White asked the Board members who opposed to specify what the alternative could be. Board Member Lantz said the continuation was for only a month and if the Board is going through the steps to take a license away, he would prefer that Mrs. Krekic be present. Vice Chairman Jerulle said if that's the case, I, as a respondent, would never be here, so you could never take it away. Board Member White suggested that if they were to hear a case like the one today, his concern would be rather than just requiring notice, the Krekics' permit-pulling abilities be suspended or revoked. That's the hypothetical way he'd handle the case. Chairman Nolton said he understood the welfare to the public, the harm that could be done. He asked if Mrs. Krekic should have a hearing on her license. Board Member White said no, they wouldn't be able to do any work and he noted that Mr. Krekic -23- Dec. 15, 2021 has repeatedly stated that his wife is going to surrender the license within a month. If that doesn't happen or the fines aren't paid, the license would be revoked. Board Member Joslin asked why not give them another month then? Board Member White said it didn't appear that harm would be caused because it's a matter of trust. Board Member Joslin disagreed, noting that Mrs. Krekic had trouble on another continent and he wanted to give her some time, 30 days. He didn't want to go on that evidence. He said someone could post Facebook pages from 20 years ago and they would look like they were today. He wasn't considering that evidence. Vice Chairman Jerulle said it made no difference whether she was here or not. Board Member Joslin said it did make a difference. Vice Chairman Jerulle asked Mr. Crotts if he emailed him to say I'm surrendering my license, what would you do? Mr. Crotts said he would have to make sure the email and notification was from the respondent, Nella Krekic, and it must be notarized. Mr. Jerulle asked, So I could give you something notarized? Mr. Crotts replied: Correct. Board Member White said he understands the only way to do that is by going to a notary at the embassy, which she can't. If Mrs. Krekic is intent on surrendering the license, what is the harm in going forward? We're only asking that their permit-pulling privileges be suspended. We're providing protection and ensuring due process is being afforded. Mr. Krekic said he's good with that. Board Member White said he's not objecting, he's not going to appeal. Board Member Lantz pointed out it was his wife's license, not his. Board Member White noted that Mr. Krekic is a member of the LLC and to the extent they'd accepted their request for a continuance and acted upon it, what is the harm? Board Member Lantz made a motion to continue it to Jan. 19, 2022, and no other continuances would be allowed. Board Member White said you can't decide that today. Attorney Kerins said that if there's an issue involving a notary, the couple was represented by an attorney at the last hearing so the county could CC a letter to their attorney. She said the county could gladly accept a letter from an attorney on their behalf, relinquishing their license. Mr. Krekic said that's not what he was told. Attorney Kerins said at this point, the county would accept a letter from an attorney or from the respondent herself Board Member White asked Mr. Krekic if the lawyer they had before could submit a notarized letter. Mr. Krekic said he was told he could not do that. Board Member White again asked if his attorney could submit a notarized letter surrendering the license. Mr. Krekic said he could. Board Member White replied: Thank you. Investigator Governale asked to read from his report to shed light on the matter. He said a Dec. 6 Code Enforcement case report said they had a telephone conversation with Mrs. Krekic, who said -24- Dec. 15, 2021 she would not be back in town by Dec. 15. He said he told her then that she'd have to go to the embassy to get a notarized letter, seeking a continuance. In the meantime, he told her, their attorney could send a letter saying they were surrendering their license. He said either way, the county would be proceeding with the case on Dec. 15. Mrs. Krekic's email stated that she understood. Board Member Lantz made a motion to continue the hearing to Jan. 19. Board Member Joslin seconded the motion. The motion passed, 6-2, with Board Member Hunt and Vice Chairman Jerulle opposing. [Board Member White wanted to put on record that he voted for the motion because the Krekics know they can send a notarized letter from their lawyer, who can speak to Mrs. Krekic, and they could all speak together about surrendering the license.] Board Member White urged Mr. Krekic to ask his lawyer to send a letter surrendering their license before the agenda is published, any time before the first of the year. Mr. Krekic said they'd do that and started to leave. Attorney Noell called him back and told him that legally, the Board continued the hearing to 9 a.m. Jan. 19. He said that if their lawyer sent a letter surrendering the license, then the Board could be apprised of that on the hearing date. But she would have to be here, unless the Board wants to vote on a different course of action. Board Member White asked if that was to prove what her attorney said was factual. He asked attorney Kerins why they'd have to hear anything. Attorney Noell said the Board had jurisdiction and the contract licensing supervisor could not withdraw it on his own. He said he could bring information on that to the next meeting. Attorney Kerins said a voluntary relinquishment of a license does not necessarily provide a cure mechanism in regards to restitution to get rid of that citation. She said that was still active, despite the withdrawal of the license. She said it was up to the Board's purview and Mrs. Krekic still would have to come before the Board on Jan. 19, 2022. It's coming back regardless. Mr. Krekic asked if he'd still have to come to a hearing. Attorney Noell reiterated to Mr. Krekic that his wife would have to be at the hearing next month. Board Member White assured him it won't take as long. Board member White made a motion to close the public hearing. Board member Joslin seconded the motion. It passed unanimously, 8-0. C. 2021-14—John H. Novak Jr. dba Humble Inc. (CEMIS20210008198) [Mr. Novak was not present.] Board Member White asked if the evidence packet were to be admitted, does it include adequate demonstration that proper notice was provided to the respondent? Attorney Noell said it absolutely did and they could open a hearing. He thanked them for their patience and extra cautious approach to the last respondent. He said they had no respondent or anyone representing the respondent. If the Board is ready, they could open the hearing and submit the packet into evidence and find the notice was valid. [Collier County Licensing Investigator Orlando Ramos was told he didn't have to read the preamble.] -25- Dec. 15, 2021 Board Member White made a motion to open the public hearing. Vice Chairman Jerulle seconded the motion. The motion was carried unanimously, 8-0. The hearing was opened. [Investigator Orlando Ramos was sworn in] Investigator Ramos asked to enter the packet into evidence. Board Member White made a motion to accept the evidence packet. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. Investigator Ramos said he prepared a brief opening statement. The respondent, John H. Novak Jr., a state certified general contractor, License No. CGC1525208, with Collier County, is the qualifier and owner of Humble Inc. He testified that Mr. Novak contracted and received payment for interior renovations and insulation of a wooden fence at 2007 Hunter Boulevard,Naples, Florida. It's been eight months since the contract's final payment and Mr.Novak has failed his obligations as a contractor and caused an expired permit building code violation. After numerous phone calls and emails,the permits remain expired. Mr. Novak is in violation of Collier County Municode Section 22-201.1, Section 2, which states in pertinent part, that willfully violating the applicable building code or laws of the state and laws of Collier County shall constitute grounds of misconduct and grounds for discipline. Board Member White asked if he was talking about Collier County's code of laws and ordinances, not Municode. He said he understands everyone uses Municode, but what we're talking about is Collier County's laws and ordinances. Investigator Ramos said that he was. Vice Chairman Jerulle said they're asking for documentation or testimony about notice to the respondent. Investigator Ramos said there were three notices of hearing sent on Sept. 16 to the qualifier's home address, according to DBPR, and the address listed on Sunbiz. On Sept. 22, 2021, it was received at his home address and it was signed. You can see that in your packet on page 397. Board Member Joslin asked if that was the green card. Investigator Ramos said it was. Vice Chairman Jerulle asked if there was any indication the respondent wasn't going to show. Investigator Ramos testified that there was no contact throughout the investigation and the property owner also hasn't been able to reach him. Board Member White asked if they'd also checked obituaries. Investigator Ramos said they did and checked everything possible. Board Member White commended him for his level of diligence and detail. Chairman Nolton asked him to continue with his opening statement. Investigator Ramos testified that on Sept. 10, homeowner Justina Ruiz entered into a contract with the respondent, of Humble Inc., for projects of interior renovations and installation of a fence, for a total payment of$71,710. The first payment was made on Sept. 13, 2019 for$53,284.31. The second payment was made on March 4, 2020 for $18,426.68. The homeowner had an issue with the contractor from the very beginning and had reported him previously, on Feb. 18, 2020, because he -26- Dec. 15, 2021 commenced work without a permit. During the course of the investigation, he was able to apply for the permits that were required,the violation was abated, and the case was closed. On July 30, 2021, we received another complaint for the two expired permits that he pulled at 2700 Hunter Boulevard. On Aug. 9, 13 and 19, we called the numbers we had on file and got no response. On Aug. 19, we followed up by email to say if we received no response, we were moving forward in 10 business days on a willful code determination. After 10 business days,there was no response, so we checked the system on Sept. 13 and found no activity on the permits and there was still no response from the respondent. They checked with the Chief Building Official and he said they needed to issue notices by certified mail. They issued the three notices to the three addresses on Sept. 16, one of which was received on Oct. 22. Since then, staff has heard nothing, no email correspondence, no phone calls. On Nov. 1,they checked with the Chief Building Official, who deemed a willful code violation at that time. Board Member White asked if that mailing requested by the Chief Building Official is on page 401. Investigator Ramos confirmed it was. Vice Chairman Jerulle asked if Mr. Novak had any other active permits. Investigator Ramos replied that only two permits were ever pulled in Collier County and both expired. Board Member Joslin said the absence of other permits was a good thing. Board Member Hunt said, except for the homeowner. Chairman Nolton asked if he had anything else. Investigator Ramos said he had nothing further. Chairman Nolton asked if Mr. Crotts had anything to add. Mr. Crotts said he had nothing to add. He said the county asks that permit-pulling privileges be revoked indefinitely and that staff be asked to send notice of the finding to surrounding counties where Mr. Novak is doing business, their CLBs, as well as sending the finding to the state DBPR within 15 days. Board Member Hunt asked if the homeowner's job was completed. Investigator Ramos replied that work was done, it was completed, but she had other issues that would have been resolved through the inspection process for the permits, which expired. Board Member White made a motion to close the public hearing. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. The hearing was closed. Board Member White asked if they needed to read it if the respondent wasn't here. There was nobody to hear it. Attorney Noell said the Board can vote on the one count,the willful violation, and vote on the penalty instead of going through all the formality; that he was found guilty of a violation, if that's the case. Board Member White moved to find Mr. Novak guilty of Count 1 of the administrative complaint. Board Member Lantz seconded the motion. The motion was carried unanimously, 8-0. -27- Dec. 15, 2021 Attorney Noell said they could now proceed to the penalty phase since Mr. Novak was a state- certified contractor. He said the Board can deny, revoke, and suspend the issuance of future building permits in Collier County and notify DBPR within 15 days after the Board decides to deny the permit privileges. Based on staff's recommendation and advice of counsel, Board Member White made a motion to revoke Mr. Novak's permit pulling privileges and asked that further disciplinary action and penalty in the form of a letter be sent to the state Construction Industry Licensing Board via the DBPR within 15 days and that notification be provided to the counties surrounding the area where Mr. Novak works:Palm Beach, Broward,Miami Dade, Lee and Hendry. Board Member Lantz seconded that motion. The motion carried unanimously, 8-0. Chairman Nolton stated that upon consideration of all testimony received under oath, evidence received, and arguments presented by the parties during the public hearing, the Board issues the following findings and conclusions: • Service of administrative complaint and notice was legally, sufficiently provided and in compliance with the applicable law. • The respondent is the holder of the license as set forth in the administrative complaint. • The respondent was not present and was not represented by counsel at the meeting. • The Board has jurisdiction over the respondent and subject matter raised in the administrative complaint. • The respondent committed the violation as set forth in Count 1 of the administrative complaint. Therefore, by a vote of 8-0, the respondent is found guilty of the violation set forth in Count 1 of the administrative complaint and the Board imposes the following sanctions against the respondent: • The respondent's permit-pulling privileges will be revoked in Collier County. • The county will send a letter to state licensing through DBPR, notifying them of these disciplinary actions. • Notifications will be sent to the following surrounding counties: Palm Beach, Broward, Miami- Dade, Lee, and Hendry. This concludes the Order of the Board in this matter. Board Member White thanked Chairman Nolton for his service as chairman and the excellent manner in which he led the Board. Board members wished each other and staff a merry Christmas and happy New Year. 11. NEXT MEETING DATE: WEDNESDAY,JAN. 19,2022 Commissioners' Chambers, Third Floor, Administrative Building F, Collier County Government Center 3299 E. Tamiami Trail, Naples, FL Board Member White made a motion to adjourn. Vice Chairman Jerulle seconded the motion. The motion carried unanimously, 8-0. -28- Dec. 15, 2021 There being no further business for the good of the County, the meeting was adjourned at 11:53 a.m. Collier County Contractors' Licensing Board Mk , and Chairman l�yl� Loath, The minutes were approved by the chairman or vice chairman of the Contractors' Licensing Board on I q -07o . , (check one) as submitted or as amended V . -29-