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CLB Minutes 01/19/2022 Jan. 19, 2022 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING January 19, 2022 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: Kyle Lantz Vice Chairman: Terry Jerulle Matthew Nolton Richard E. Joslin Patrick G. White Todd Allen Robert Meister III Elle Hunt Stephen Jaron ALSO PRESENT: Kevin Noell, Esq., Contractors' Licensing Board Attorney Timothy Crofts, Contractor Licensing Supervisor Colleen Kerins, Assistant Collier County Attorney Michael Governale, Collier County Licensing Compliance Officer 1 Jan. 19, 2022 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 Kyle Lantz opened the meeting at 9 a.m. Roll call was taken; eight members were present in the BCC Chambers at roll call. 2. ADDITIONS OR DELETIONS: Mr. Crotts asked that the public hearing, 2022 01 —Charles C. Willey dba B&W Paving Contractors of Southwest Florida Inc. (CEMIS20210012865)—be postponed until Feb. 16 because the respondent is sick. 3. APPROVAL OF AGENDA: Board Member White moved to approve the agenda with the above changes. Board Member Allen seconded the motion. It was carried unanimously, 8-0. (Board Member Meister joined the meeting at 9:06 a.m.) 4. APPROVAL OF MINUTES: A. Approval of Minutes for Dec. 15, 2021 Changes: • On Packet Page 22, seven lines from the bottom, where Board Member White says: "He asked if his wife would ask her to speak on her behalf," it should say, "He asked if his wife would ask him to speak on her behalf." • On Packet Page 20, where it says, "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," it should say: Board Member White made a motion to accept the evidence packet. Board Member Joslin seconded the motion. The motion was carried unanimously, 8-0. The evidence packet was accepted" • On Minutes Page 23, where it says: Board Member White made a motion to deny the continuance. Vice Chairman Jerulle seconded the motion. Board members Joslin, Lantz and Hunt opposed. The motion failed, 5-3," it should say, "Board members Joslin, Lantz and Nolton opposed. The motion passed 5-3." Board Member White moved to approve the Dec. 15, 2021 meeting minutes with the above changes. Board Member Allen seconded the motion. The motion carried unanimously, 9- 0. 5. PUBLIC COMMENTS: 2 Jan. 19, 2022 None 6. DISCUSSION: A. COLLIER COUNTY CODE OF ORDINANCE SEC. 2-833 —ATTENDANCE REQUIREMENTS Mr. Crotts reminded members about the attendance requirements and asked if anyone had any questions. Board Member White asked about the 75% attendance requirement and how it was calculated. Mr. Crotts said it meant the percentage of time,the number of minutes a member was in attendance at a meeting; not how many items he/she was present for. 7. REPORTS: A. YEAR-END REPORTS FOR 2021 Mr. Crotts used a PowerPoint presentation to report that in 2021, Contractor Licensing renewed 3,011 specialty contractor licenses; a specialty that includes state registered, which is the Division 1 and Division 2 licenses issued by the county. Board Member White questioned why the graphic did not add up to 3,011. Chairman Lantz suggested it could be because the journeyman, a local-registered specialty license wasn't included. Mr. Crotts said they'd look into that. He added that it was likely because the numbers don't include dormant licenses and said total licenses not renewed last year totaled 181. In comparison, in 2021, there were 2,811 licenses renewed and 504 not renewed. Contractor Licensing reached out to these contractors multiple times. In the past, there was an email requirement and a mailing requirement. This time, Contractor Licensing emailed again multiple times and made phone calls. Mr. Crofts believed that was the reason there weren't as many non- renewed licenses in 2021 as there were in 2020. Board Member White commended staff for the extra effort and stated that will cut down on hearings to renew licenses for contractors who did not respond to county emails or letters. Mr. Crotts reported that there were 918 total violations in 2021. Board Member White noted that even though there were more renewals, there was a roughly 29% increase from 2020 in the number of citations and the dollar amount that was uncollected. Mr. Crotts said in cases of non-payment of fines, liens would be placed on those properties, per the ordinance, but that the county is looking into what type of processes are available for collections. Staff is having ongoing conversations with the County Attorney's Office on how to move forward with collections and how to supplement the lien process. Chairman Lantz asked for some examples of a violation for misconduct versus a code violation. Mr. Crotts explained that any violation commenced by a licensed contractor is misconduct, while a code violation would be from either an unlicensed individual or a homeowner. Most code violations are due to not having permits. Chairman Lantz also asked how someone would make an anonymous complaint. 3 Jan. 19, 2022 Mr. Crotts said state law changed last year and unless it's a safety violation, anonymous complaints are not allowed. There likely won't be many anonymous complaints moving forward. Chairman Lantz noted that a person who wanted to file an anonymous complaint could go to a neighborhood association, such as the Golden Gate Civic Association, and have them file it. Board Member White said people also often ask lawyers to file a complaint to shield their identities because they fear retaliation. 8. NEW BUSINESS: A. ORDERS OF THE BOARD Board member White asked whether the number of the Orders of the Board could be put in parentheses on each agenda, so there's a running total throughout the year. Board Member White made a motion to have the chairman sign the Orders of the Board. Board Member Nolton seconded the motion. The motion was carried unanimously, 9-0. The Orders of the Board were approved. B. Yoslandi Martinez—Terra Nova Landscape Inc. —Review of Credit Mr. Martinez was not present. Mr. Crotts noted that Mr. Martinez was ordered to appear before the Board at the prior board meeting due to credit issues and was asked to contact staff to show he made an effort to deal with creditors and set up payment plans. He was ordered to return today but has not shown up, despite being notified by email, letter and by phone call. Staff recommends denying the application. Board Member White made a motion to reject Mr. Martinez's application due to failure to provide information and insufficient evidence of credit. Board Member Allen seconded the motion. The motion was carried unanimously, 9-0. • Mr.Martinez arrived later in the meeting. CLB Attorney Noell said a proper motion would be to reconsider the same item. Board Member White made a motion to reconsider. Second by Board Member Joslin; The motion passed 6-3; Vice-Chairman Jerulle and Board Members Hunt and Allen opposed. Yoslandi Martinez was called to the podium and sworn in. Board Member Nolton asked Mr. Crotts if it was true that Mr. Martinez was working with a credit company and had provided a letter to verify that. Mr. Crotts said that was correct. Board Member Joslin asked what their prior vote was at the last meeting. Mr. Crotts said they voted to ask him to prove he had a credit plan. Board Member Nolton said they could now give him a probationary license. Chairman Lantz asked Mr. Martinez to explain what his plan is to fix his credit, besides calling a company to help. 4 Jan. 19, 2022 Mr. Martinez said the credit company will consolidate all debt so he could make payments. Board Member Nolton asked if he was prepared to make payments. Mr. Martinez said he was. Chairman Lantz said, so you don't have a plan? Mr. Martinez said his plan is to pay it off. The company will call all his debtors and he will have to pay them. Chairman Lantz asked about the credit record from the state. Mr. Crotts said a 12-month credit score showed improvement. Chairman Lantz said they don't want to just see a plan. Board Member Hunt said she'd like to see a credit report in three months. Six months is ridiculously long. Mr. Crotts said they could request a more detailed plan and could recommend a 12-month provisional license, submit a credit restoration plan within 90 days, a credit report in six months and a year to show improvement. Board Member White said he'd accept that. Board Member White made a motion to grant a 12-month provisional license, with the requirement that Mr. Martinez submit a credit plan within 90 days and credit reports in six months and 12 months to show his credit and credit score have improved. Second by Board Member Allen. The motion passed, 8-1; Vice-Chairman Jerulle opposed. C. Lonnie G. Becude Jr.—Pro-Seal USA (Individual)—Review of Credit Chairman Lantz called Mr. Becude to the podium. [He was sworn in.] Vice-Chairman Jerulle disclosed that Mr. Becude had worked for him or his company several years ago, but he never met him. He said that would not affect his vote. Attorney Noell said the standard is whether his decision would inure to a potential gain or loss. Vice-Chairman Jerulle said it would not. Mr. Crotts reported that Mr. Becude submitted a firm application for a name change of his company. As part of the application process under Collier County Ordinance 2006-46, Section 2.3.9, submission of a personal and business credit report is required. During the application review process, the credit report showed: • $81,525.99- 8/28/19-Federal IRS tax lien. • $50,518.75—5/28/19 - Collier County Circuit Court Civil Judgment-Appalachian Insulation Company • $75,000- 7/14/20- Collier County Circuit Court Civil Judgment—SunState Insulation Supply • Total owed: $207,044.74 • Chapter 7 Bankruptcy filed March 23, 2021; Discharged June 22, 2021 Mr. Crotts said the bankruptcy filing contained two pages of creditors that were discharged and the two largest were SunState Insulation Supply and Appalachian Insulation Co. For those reasons, Mr. Becude is being referred to the Board under Section 2.5.2, Referral of an 5 Jan. 19, 2022 Application to the Contractors'Licensing Board for a Decision. Mr. Becude has appeared today to answer your questions. Board Member White noted that other than those large creditors, the credit report showed small amounts less than $1,000 under collections. Chairman Lantz asked if this was a name change or from one entity to another entity. Mr. Becude testified that he was qualifying a new entity. Pro-Seal was his former company. It was dissolved and he's starting a new company with another group of people. Mr. Crotts said the license would be under the same number, but under a new company name. He would have to show good credit under the new name. Chairman Lantz noted that because it's a new company,the debts and credit would be new. Mr. Crotts said he'd have to establish new credit and that the bankruptcy and IRS lien were under his personal name. Chairman Lantz asked what was happening with the IRS lien. Mr. Becude said he had a payment plan set up with the IRS, but when the bankruptcy was filed it stopped. He's been unable to reach anyone at the IRS by phone to discuss it or set up a plan online. Prior to the bankruptcy filing, he'd been paying about $1,500 monthly to the IRS as part of a payment plan. He put his house on the market and once that's sold for roughly $300,000, he will pay off the lien. Board Member White asked if he'd be able to provide account statements under the new business' name. Mr. Becude said he could. Board Member Jaron noted that Mr. Becude was previously the qualifier under Pro Seal, but under Spray Foam, Timothy Gleason is the qualifier. Is he the owner? Mr. Becude confirmed that Timothy Gleason was the owner. Board Member Hunt noted that the current owner, Gleason, is a contractor, so Mr. Becude would be coming in as an employee. She asked if he had an employment contract. Mr. Becude said he did not. He said the application was submitted as a specialty license and that license would be used to qualify Spray Foam Naples. Board Member White noted that he would have no authority to write checks or review financial records for the new company. Mr. Becude said he's on the bank account to make payments, but financial decisions are made by Timothy Gleason and Scott, the CFO. Board Member White asked him to explain his understanding of qualifier's role relative to the financial aspects of managing the business. Mr. Becude said his duty is to make sure that the license is upheld and jobs are done to a standard that protects the license. The financial responsibility is on Scott and Tim to make sure bills are paid and money is paid out, as needed. Vice-Chairman Jerulle asked if the bills were not paid, did he think he has no liability? Mr. Becude said he still has liability because he's the qualifier for the company. Board Member Hunt asked how he could ensure his partners are doing that. Mr. Becude said he can review the bank account. The company has weekly meetings on what should be paid, how to pay it and what jobs are coming in to pay it. Board Member Hunt asked if he had an employment contract stating everyone's roles. 6 Jan. 19, 2022 Mr. Becude said he did not have anything in writing. He said they have multiple locations through different companies and he's overseeing all of them. In Collier County, he could have proceeded with Pro-Seal, but decided on a name change and are trying to set up different companies to qualify with his existing license. Vice-Chairman Jerulle asked if he'd worked with these people before. Mr. Becude said he had in the past and they're now working in three different locations. They have Spray Foam Naples, Spray Foam Tampa and Spray Foam America WNC. Spray Foam America WNC has an operating agreement, and eventually they will all be under one corporate umbrella. Mr. Becude states that until they can qualify the company here, they can't put it under that corporate veil. Board Member Hunt asked why they were changing the company name, was it because of the debt? Mr. Becude said it was because they dissolved Pro-Seal and started a new company because there were different individuals. They didn't want liabilities from the prior company and the name change was to reduce liability. Board Member Joslin asked who licensed the three other companies. Mr. Becude said Tampa is under Gleason's name; North Carolina is under Jennifer Lawrence, Polly Charlene, and Ben Wellsbacher are the three in North Carolina. Board Member White noted that he had a few creditors under $1,000 outstanding. What's your intention with respect to those? Mr. Becude said one of the creditors was just put on his report and he paid off another, so he didn't understand why it was still there. Board Member White asked if the Board were to give him a six-month probationary license, would he be able to take care of those creditors and show the Board which creditors were paid and what the status on outstanding payments are. Mr. Becude said he could. Board Member White asked if he would be able to come back with a business credit report and to show the status of his federal tax lien payments. Mr. Becude said he was fine with that. Mr. Jaron asked about the worker's comp insurance. The insured is OCMVI. What business is that? Mr. Becude said it was the parent company. They were not able to write a Worker's Comp policy as a new company. He had to use a pay-as-you-go and they insure the employees and lease them back to Spray Foam. Board Member Hunt asked who Pro-Seal was owned by. Mr. Becude said it was his company and it's dissolved. Board Member White made a motion to approve a probationary license under the new entity name and asked Mr. Becude to return in six months to show the status of all collections on his personal credit report, provide a new personal credit report, a business credit report, and any additional information about the status of the existing liens post-bankruptcy. Vice-Chairman Jerulle asked to clarify that it was Spray Foam they were talking about and what the threshold for approving the license would be. Board Member White said all the collections on the personal side should be addressed and the Board could determine the threshold at the time. Board Member Hunt said they don't have enough information,just Mr. Becude's word. 7 Jan. 19, 2022 Board Member White said he wasn't certain what they'd gain if he did provide an employment contract. He listed the outstanding collections payments that should be made. Mr. Becude said some of them were paid and should not still be on the report. Board Member White made a motion to grant a probationary license under the new entity name, Spray Foam Naples, and Mr. Becude was asked to return in six months to show the status of all collections on the personal credit report,provide a new personal credit report, a business credit report and any additional information about the status of the existing liens post- bankruptcy. Board Member Allen seconded the motion. The motion passed, 7-2;Board Members Hunt and Nolton opposed. D. Juan Mason—US Intermed Corp. (dba) USI Landscaping—Review of Credit Chairman Lantz called Mr. Mason to the podium. [He was sworn in.] Mr. Crotts said Mr. Mason has submitted a firm application for Landscaping Restricted Contractor as part of the application process. He also submitted a credit report that falls under Collier County Ordinance 2006-46 Section 2.3.9. Upon review of the credit report, it does not appear that he meets financial responsibility is set forth in section 2.5.1 Subsection D. The applicant or qualifier meets the requirement for financial responsibility as set forth in Florida Rules 61G4-15.006, Financial Responsibility, Financial Stability and Grounds for Denial. A review of the credit report submitted by Mr. Mason showed the following areas of concern: $31,751.31 —Federal Tax Liens dated 2015;paid and released in 2016. $25,031.19—Federal Tax Lien dated 2016;paid and released. $27,185.15—Federal Tax Lien dated Nov. 10, 2020 $139.70—Federal Tax Lien dated June 29, 2021 $21,158.80—Federal Tax Lien dated Oct. 29, 2021 Mr. Crotts said Mr. Mason has shown staff he is currently working with the IRS and trying to come up with payment plans. He is being referred to the Board today under Section 2.5.2, Referral of Application to the Contractor Board for a Decision. Board Member White asked him to explain the payment plan he has with the IRS. Mr. Mason said they are working with a Ms. Rojas, who wrote a letter about the plan for them, but it is only a one-sentence letter. They spent days on the phone just to get her, but only got very short answers in return. They now have a$2,000 monthly payment plan and they are currently paying that amount. Board Member White asked when they came to that agreement. Mr. Mason said his wife handled it, so he didn't know. They're a"mom-and-pop" operation. We do have some more assistance now to help us keep from getting into this situation where things get behind, but we do diligently work with them and make sure of all of our debt to pay. He explained that they got behind during the pandemic when people were paying them three and four months late, but they hired a full-time assistant to ensure it won't happen again. The outside bookkeeper they used to have was a year behind in their bills. They've used every bit of savings they had to ensure they could stay afloat in 2020 and he feels confident they can meet their obligations. They were previously paying quarterly payments and are now paying monthly. 8 Jan. 19, 2022 Chairman Lantz said they seem to have made changes to prevent this from happening and have already gotten their credit above the 660 threshold. He said he had no issues with it going forward. Board Member White said he's not averse to a probationary license. He wanted something more affirmative as an agreement from the federal government to show they're at a point where payments that are being made will resolve the liens. Would 90 days be enough to get something definitive? Mr. Mason said it would. Board Member White made a motion to grant a three-month license that requires an update on their tax lien status. Chairman Lantz asked if staff reviewed it after that and were confident, would they be opposed if they didn't have to return to the Board? Vice-Chairman Jerulle seconded the motion. Mr. Nolton noted that there was a history of not paying taxes. If we give you a probationary license, you need to clear that up. Board Member White said they could bring in contracts to show they were in a good financial position. Mr. Crotts asked Board Member White to clarify his motion. Board Member White made a motion to approve a three-month probationary license after which Mr. Mason would then provide an update on the status of all outstanding tax liens, and, in his discretion,provide the Board with more financial information. Vice-Chairman Jerulle seconded the motion. The motion carried unanimously, 9-0. E. Sergiu Verdes—Pick My Junk Inc. dba Eco Demolitions—Removal of restricted interior- only status. Chairman Lantz called Mr. Verdes to the podium. [Mr. Verdes was sworn in.] Mr. Crotts said Mr. Verdes is here today with a demolition license issued by Collier County in 2014, but it was restricted to interior only by the licensing supervisor, as allowed by Collier County Ordinance 2006-46 Section 2.10 Restricted Certificate of Competency. Mr. Verdes holds an unrestricted, current license in Lee County and staff checked with Lee County and found there were no complaints or issues. In an interview with Mr. Verdes, staff talked about his restriction and requested that he provide verifications of experience from contractors he's worked with in Lee County. Mr. Verdes didn't feel comfortable asking those contractors for verification of experience, but he did send invoices for work that he has performed in Lee County with different contractors. Mr. Verdes asked to appear before the Contractors' Licensing Board to appeal the restriction and have it removed from his license. Mr. Verdes is being referred to the Board under Section 2.10. In part, each staff level decision to restrict a certificate shall be final, unless reversed or modified by the CLB upon appeal of the certificate holder. Mr. Valdez is here to appeal the restriction of interior only and asked that his license be issued for full demolition. Vice-Chairman Jerulle noted that he's doing interior demolition and could not tear down an 9 Jan. 19, 2022 entire building. Mr. Crotts said they have no indication of his construction experience. Mr. Verdes was issued a citation a while ago for exceeding the scope of his license for doing exterior work. However, a check with Lee County shows there have been no complaints or issues there. Based upon the information from Lee County and invoices from Lee County contractors, the county recommends that the restriction be removed at this time. Vice-Chairman Jerulle asked why he wouldn't provide the Board with documentation from contractors to show that he's done this type of work. Mr. Verdes said his services do not involve full demolition, but there was no license between the full license and the one he has. His choice was a restriction or a full license and there was nothing to allow the work he does. His company does not do full demos and they do not pull permits. They're always under the supervision of a contractor and subcontract all their work. He said he could remove a window from the inside, but not the outside. His license is so limited, so he got into trouble for doing some exterior work. His capability is far more than just interior. Vice-Chairman Jerulle asked if they gave him a license to do full demolition would that allow him to do full demos? Mr. Verdes said the Board can say that he's not allowed to pull permits. Board Member White said he didn't see anything in the packet that created the restriction. Mr. Crotts said that under the ordinance, Restricted Certificate of Competency, only the license supervisor has the ability to restrict the license, and the supervisor's decision shall be final. The supervisor at the time felt that what was submitted should be a restricted license. Board Member White questioned why they can't just restrict the license to allow him to do what he wants. Mr. Crotts said the only recourse is to appeal the licensing supervisor's restriction and that decision can only be reversed or modified by the CLB. A staff decision is final. He noted that Mr. Verdes has an unrestricted license in Lee County. Board Member White noted that he was asking for a license greater than what he has, but less than a full license. Mr. Crotts said that decision can only be made by the CLB. Mr. Allen asked if they could issue a full license and restrict it to not include a full demo. Mr. Crotts said that was correct. Mr. Nolton pointed out that staff agrees the license can be unrestricted, a full license. Mr. Crotts agreed and noted that Mr. Verdes has the experience required for a full license and has no problems with his license in Lee County. Board Member White called this unprecedented. He doesn't need a full demo license. He said he should have a restricted license involving demo to the exterior or interior of a building. Chairman Lantz asked if most of his work involved remodeling. Mr. Verdes said that was correct. Chairman Lantz asked if he wanted to have CBS walls with tie beams taken down, could he do that? Mr. Verdes said he could and had eight years of experience doing that in Lee County. That's the type of work they do. He said he was forced to reject projects in Collier County because the 10 Jan. 19, 2022 license is restricted, but he has the experience. He said he's managed over 500 projects over the past eight years with no problems. He has the eight years of experience required by Collier County. But there was no license between restricted interior demolition and full demolition. Mr. Nolton asked if he'd torn down 25-50% of a home? Mr. Verdes said he had and noted that one of the invoices he provided showed they'd done 50- 60%removal of a home. Vice-Chairman Jerulle asked if he'd torn down or demolished 25% of a three-story office building. Mr. Verdes said he had not. Vice-Chairman Jerulle suggested they issue a demolition permit restricted to residential. Mr. Verdes said he's never going to do commercial or structural demolition. They don't do that or anything more than two stories high,just interior demolition for commercial buildings. They only do structural demo for residential. He does no high-rise work. Mr. Nolton asked Mr. Crofts if Mr. Verdes applied for this license now in Collier County, would he have the experience required? Mr. Crotts said from what they've seen, he does. If he applied, they would give him the license without him having to go before the Board. Mr. Jaron asked if he had any other businesses. Mr. Verdes said he's the 100% owner of the company and the only other business he does is real estate. Vice-Chairman Jerulle said he didn't have the experience for a full demolition license and wasn't asking for one. Board Member White agreed and said that's why he'd vote against it because it could be handled in a better way, administratively and with restrictions. Board Member Allen made a motion to approve the full-demolition license. Board Member Nolton seconded the motion. The motion passed, 6-3;Board Member White opposed, calling it overly broad, Vice-Chairman Jerulle and Board Member Jaron also opposed. F. Carlos E. Guerra Gonzalez—CD Remodels Service Corp.—Review of Experience Chairman Lantz called Mr. Guerra to the podium. [Mr. Guerra was sworn in; his translator was then sworn in.] Mr. Crotts said Mr. Guerra has submitted a firm application for a general contractor's license, which requires 48 months'experience. As part of the review process, Mr. Guerra has submitted two verifications of experience from former employers. Mr. Crotts said he worked for Sideline Construction Inc.full time from January 2020 to May 2020. The only work was interior renovation projects. He also worked for Queenslander Construction Inc., which is a CGC(certified general contractor),full time from 2017 until 2020, and performed interior work only in condominiums, doing framing, drywall trim and some concrete work, but no new construction. Mr. Guerra has supplied photographs of work he has done in the past. However, none of this 11 Jan. 19, 2022 information can be verified based upon the information received by Mr. Guerra and by phone interviews with the presidents of the companies listed previously. Mr. Guerra does not meet the experience requirement under Collier County Ordinance 2006-46, Section 1.6.1.1 as a general contractor. Mr. Guerra is being referred to the Board for application for a decision. Board Member White asked if it would be fair to say that the scope of work he performed would be sufficient, but he doesn't have the required experience,the length of time? Mr. Crotts said that was inadequate and he has done no new buildings,just interior work. Board Member White said so it's scope and duration, correct?He asked for the staff recommendation. Mr. Crotts said staff recommends that the license should be denied. Chairman Lantz told him the Board is trying to see that he has done structural work on buildings greater than three stories. Can you explain to us some structural work you have done? He asked to see it under U.S. building codes, not another country's building codes. Translator: Now I'll speak on his behalf. Unfortunately, the experience he has that would show (and I believe the contractor supervisor has the photos from his home country, Cuba), it's accurate that he's been limited in a lot of contracting work, but not new construction since he's been in the USA. But this man has experience in skyscrapers back in his country, but only has photos to show that. Hopefully, there's a consideration that could be had from the contracting supervisor to reconsider. [Speaking with Mr. Guerra in Spanish] He graduated from college in Cuba and worked as an architect. The last project he worked on was a five-story building constructed out of precast panels, an all-concrete form that was completed in record time. He also was hired by two other countries to supervise construction throughout the island, Cuba. [Speaking in Spanish] Other projects involved several restaurants and a church, with several involving the government. He was supervising a lot of the biggest hospitals and at one time supervised more than 800 people. Board Member Hunt asked to hear more in his words. He can say it in Spanish, but she asked the translator to interpret it word-for-word. [Speaking in Spanish] Translator: He basically said everything that he has just said right now was provided in a resume, which has not only the current experience here in the states but also the previous experience back in his country. He asked if the Board could refer to his resume. Vice-Chairman Jerulle asked what foundation was used on the five-story building he built. Translator: "Balsa" was the foundation. It's very similar to what's used here, composed of rebar and solid concrete and is based on the number of stories needed to hold the structure. Contractor in the audience (translating): It's cement pilings inserted in the ground. Board Member White asked if it was his intention to construct multi-story buildings or did he want to build residential. Translator: Residential, max two stories. Board Member White said the name of his business does not suggest he wanted to build multi- story and there were other licenses he could apply for that would fit. Board Member Jaron asked if he was still working for Queenslander Construction. 12 Jan. 19, 2022 Mr. Guerra said he was. Board Member Hunt asked to clarify that he only wants residential, up to two stories. Translator: Correct. Chairman Lantz also asked the translator to clarify his understanding and what he wanted. Translator: Because he has the experience, he also would like to do condos up to two stories, in addition to residential. Board Member White noted that under the building code, condos are considered commercial. Maybe a more appropriate license would be building contractor license. Mr. Crotts said that would allow that type of work. But the requirement is still 48 months of experience. He said he could construct, remodel, repair or improve buildings not to exceed three stories. Board Member White asked the translator to ask him to correct the error in his application because a license for building contractor would allow him to do what he wants. Translator: That is exactly what he's looking for. Board Member White made a motion to approve a building contractor's license for the applicant. Board Member Allen seconded it. Board Member Joslin asked if they can make the change to the license. Mr. Crotts said the face sheet could be changed. Board Member Nolton said he liked the thought process; that he'd have to come back in a year. Chairman Lantz asked about his experience in firewalls. Translator: He has extensive experience in Naples and Marco Island. Chairman Lantz asked for one or two examples of the type of firewall work he's done. Translator: On various buildings: connectivity between top floors, bottom floors, from one unit to another, and walls, there are different chutes, the drywall also needs to be fire-rated. He said he was doing the best he could to explain what Mr. Guerra was saying. Board Member Nolton said it's obvious he has experience and that he's an architect. Board Member White said it would be better to issue a one-year provisional license for residential contractor. Board Member Allen seconded that. Translator: It's difficult to get any proof of his license or professional work in Cuba, but he has a certificate of completion of his studies as an architect. Board Member White asked if he had his diploma. Translator: He has that, but proof of anything else would be quite a challenge to get in Cuba. Board Member Joslin said the photos of his work are impressive. Board Member Hunt said they could have been pulled off the internet. Translator: The pastor of the church he built is actually in the country now. Board Member Joslin said he should have brought him. Board Member White moved to approve Mr. Guerra's provisional one-year application for a residential contractor's license and said Mr. Guerra must return in a year to show documentation for proof of experience if he wants to upgrade the license. Board Member Allen seconded the motion. The motion passed, 8-1;Board Member Jaron opposed. The Board took a BREAK from 10:47 a.m. to 11:02 a.m., when they resumed the hearings. 13 Jan. 19, 2022 G. Andrew P. Martinez—Second Entity Application—Landscaping Contractor H. Andrew P. Martinez—Second Entity Application—Landscaping Contractor Chairman Nolton called Mr. Martinez to the podium. [Mr. Martinez was sworn in; his brother, Jorge, also was sworn in.] The applications were combined and heard as one. Mr. Crotts said Mr. Martinez is here for a second entity application. He is looking to qualify a second company under his license, Avant-Yarde Inc., which was issued, Sept. 30, 2021. He's looking to qualify (Semper Fi Irrigation Guy Inc.) with landscaping and irrigation licenses. Chairman Lantz asked if both licenses would be applied to Semper Fi. Mr. Martinez said that's correct. Board Member Joslin asked how he came up with the name, Semper Fi. Mr. Andrew Martinez said his brother is a Marine. Board Member Joslin said he's also a Marine. Chariman Lantz asked him to provide more details. Mr. Andrew Martinez said he's worked in landscaping work for 23 years, was born and raised in Naples, and his brother has worked for him at Avant-Yarde for six years, doing everything from landscaping work to supervising paving crews to irrigation and lawn maintenance. His brother decided to go off on his own due to his health. Board Member White asked to explain his role. Mr. Andrew Martinez said he'd qualify his brother so he could do some jobs under his license until he leaves the country in two or three years. Board Member White asked if he was going to qualify him, who was going to do the work? Mr. Andrew Martinez said his brother would be doing the work, small jobs, such as for little, old ladies, repairing irrigation and sprinkler systems and landscaping work. His brother would do the work and financials. He'd take over the company in two or three years, after his brother leaves. Board Member White questioned whether he really knew what qualifying meant. Mr. Andrew Martinez said he did understand. Mr. Jorge Martinez said his brother would be qualifying him for the license, but would have no stake in the company, although he can look over the books. Board Member Nolton asked why he didn't continue to work for his brother. Mr. Jorge Martinez said he's unable to work 40-60 hours due to his health, so he wanted to have his own company. Mr. Andrew Martinez said his brother worked for him for six years and always did a good job. His health kept getting worse so it's a lot of pressure on him. Board Member Hunt asked why his brother didn't get his own license. Mr. Jorge Martinez said he planned to retire in two or three years, when Collier County gets rid of the specialty landscaping license. Mr. Crotts said that license is scheduled to go away in July 2023 and anyone who needs that license would then have to go through the state. Board Member Joslin questioned whether he'd have check-writing abilities. 14 Jan. 19, 2022 Mr. Andrew Martinez said they could add that. Board Member Nolton said there are still a lot of questions and noted that both are going to have businesses and contracts. Mr. Andrew Martinez said his business does a lot of HOA work, large jobs. The new business would only do small jobs. The owner of Avant-Yarde died last year and they put in for an emergency license to keep it going. Vice-Chairman Jerulle said he usually votes against second entity license in situations like this, pretty much for the reasons Mr. Nolton outlined. Mr. Andrew Martinez asked what he should do then. Vice-Chairman Jerulle said his brother could get a license if it's his company. Board Member White said he could then purchase the company from his brother in two or three years. Board Member Nolton said that would be the best way to move forward. Board Member White asked how many months it would take to get a license. Mr. Andrew Martinez said it would take six months and that's why they're doing it this way. Chairman Lantz asked Mr. Crotts if he was saying that in 18 months that license would no longer be issued. Board Member Nolton noted that as of today, it's still required. Mr. Crotts said under Collier County ordinances, that license would go away, but the permits would not. Mr. Andrew Martinez said he was preparing to take over the company this summer. Mr. Jorge Martinez said in 18 months this would be going away. Board Member White said they could give him a provisional license for nine months. Board Member Nolton said he also could continue working where he is for nine months. Mr. Jorge Martinez said they are applying this way because of the short period of the license and because he's leaving the country. He is not able to keep up with working for the other company due to his disability. Board Member Joslin said he didn't understand the logic. Mr. Andrew Martinez said the new company would enable his brother to keep functioning, but he may dissolve it. Chairman Lantz said he also wasn't a fan of a second entity license but noted this involves family. Board Member White suggested a probationary license would allow the brother to work on his own. He suggested a nine-month probationary license. Board Member Joslin asked if it should stipulate that Andrew Martinez is the owner. Board Member White said no. Mr. Andrew Martinez asked if he told people the business was his, would that be OK? Vice-Chairman Jerulle said the motion now is for a nine-month license and by then, he would have the time to take the test on his own. Mr. Jorge Martinez said wasting $1,000 is not worth it for him. Board Member White made a motion to approve nine-month probationary second entity applications. Mr. Joslin seconded the motion. The motion carried unanimously, 9-0. 15 Jan. 19, 2022 9. OLD BUSINESS: None 10. PUBLIC HEARINGS: A. 2021-13 —Nelica Krekic dba Nella K LLC (CEMIS20210011430) Mr. Crotts said Mrs. Krekic is a no-show and did not reply by email or by phone. Board Member Allen made a motion to open the hearing. Board Member White seconded it. The motion passed unanimously, 9-0. Attorney Noell said actual notice was given to the manager of the company, Mr. Krekic. The Board can issue a finding and impose sanctions, if appropriate. Mr. Crotts said the hearing notice was posted in the newspaper for four consecutive weeks. Investigator Governale submitted the evidence packet. Board Member White made a motion to accept the evidence packet. Board Member Allen seconded the motion. The motion was carried unanimously, 9-0. The evidence packet was accepted. Investigator Governale said he had no more evidence to submit. Board Member Allen made a finding of guilt. Board Member White seconded the motion. The motion was carried unanimously, 9-0. Attorney Noell said there are sanctions available to the Board, which are listed on page 620 of their packet. Chairman Lantz asked what the county's recommendation was. Mr. Crotts said that on October 20th, 2021,Nella K. LLC came before the Board and was found guilty of working outside the scope of their competency. They were ordered to pay a$2,000 fine within 90 days. If not paid, the license would automatically be revoked. They also were fined $2,000 for not obtaining the appropriate permits and were $2,000,to be paid in 90 days. At this point, the county is asking that a$2,000 fine be imposed for working outside the scope of the license within 90 days, or the license to be revoked. Board Member Nolton asked what the appeals process would be. Mr. Crotts said they could appeal to the Board, Circuit Court and appellate court. Board Member White said he'd had a month to think about this and he could accept the first two aspects. The pay period could be shortened to 30 days. Rather than immediate revocation, the license could be suspended, and all permit-pulling privileges could be revoked, which would be an incentive to pay the fines and avoid the revocation. He noted the Board gave the Krekics some leniency in the past months. He didn't see the harm that would occur if they suspended the license and gave them 30 days to pay the fine. Board Member Nolton said he'd be OK with 15 or 10 days. He didn't think they should get permit pulling privileges back. 16 Jan. 19, 2022 Mr. Crotts said if the license was suspended, the Krekics could come back before the Board. Board Member White said the difference between 15 versus 30 days is the appeal period. Board Member Nolton said Mr. and Mrs. Krekic have been aware of the appeal period for months now. Board Member White said he expects them to fail and the license will be revoked. Board Member Joslin said Mr. Krekic was willing to give up the license. He said it's a waste of time to suspend it. Just revoke it. Mr. Crotts noted that none of the fines have been paid and the couple have until the end of day today to pay and the license will be revoked tomorrow. Vice-Chairman Jerulle noted that there's a process to recoup the fines. Board Member Nolton said a lien can be placed against their property. Attorney Noell said the administrative complaint is for one violation. So the Board's desire is to pay all outstanding fines: $4,000 fine for Count 1; revocation of the license; and a public reprimand to be issued in Collier, Lee, Hendry, Miami-Dade and Monroe. Vice-Chairman Jerulle wanted to make sure it was a$4,000 fine, one count, the license would be revoked and a public reprimand would be issued. Board Member White revoked his prior motion, which gave the couple time to pay the fines. Board Member White made a motion to revoke the license, impose a $4,000 fine and issue a public reprimand in Collier, Lee, Hendry,Monroe, Broward and Miami Dade counties. Vice- Chairman Jerulle seconded it. The motion was carried unanimously, 9-0. Chairman Lantz: In 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 the amended administrative complaint and notice was legal, sufficiently provided and in compliance with the applicable law. The respondent is the holder of the licenses set forth in the administrative complaint: Count 1, working outside the scope of their competency card. Respondent was not present at the hearing and was not represented by counsel. The Board has jurisdiction over the respondent and subject matter raised in the administrative complaint, working outside of the scope of their license, Section 22-2012. There was a vote of nine in favor and zero opposed. The respondent is found guilty of the violation set forth in Count 1 of the administrative complaint. The Board imposes the following sanctions against the respondent: a$4,000 fine, payable within 30 days; the license has been revoked; and a public reprimand will be issued in the five counties. This concludes the order of the Board in this matter. Board Member White made a motion to close the public hearing. Board Member Nolton seconded it. The motion carried unanimously, 9-0. 17 Jan. 19, 2022 11. NEXT MEETING DATE: WEDNESDAY, Feb. 16, 2022 Commissioners' Chambers, Third Floor, Administrative Building F, Collier County Government Center 3299 E. Tamiami Trail, Naples, FL Board Member Nolton made a motion to adjourn. Mr. Joslin seconded the motion. The motion carried unanimously, 9-0. There being no further business for the good of the County, the meeting was adjourned at 11:49 a.m. Collier County Contractors' Licensing Board Kyle Lantz, Board Cho an The minutes were approved by the Chairman or Vice-Chairman of the Colr tractors'Licensing Board on 2 qty - 2 , (check one) as submitted as amended 18