Loading...
CLB Backup 05/18/2022 CONTRACTOR'S LICENSING BOARD MEETING BACKUP DOCUMENTS MAY 18, 2022 COLLIER COUNTY Board of County Commissioners Contractor Licensing Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples,FL 34112 May 18,2022 9:00 AM Kyle E.Lantz,Chair Terry Jerulle,Vice-Chair Matthew Nolton Robert P.Meister,III Patrick G.White Richard E.Joslin,Jr. Todd Allen Elle Hunt Stephen M.Jaron NOTICE:All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed.All registered speakers will receive up to three(3)minutes unless the time is adjusted by the chairman. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto,and therefore may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,the provision of certain assistance.Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail,Suite 1,Naples,Florida,34112-5356, (239) 252-8380;assisted listening devices for the hearing impaired are available in the Facilities Management Division. 1. ROLL CALL 2. ADDITIONS OR DELETIONS 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 4.A. APPROVAL OF MINUTES-APRIL 20,2022 5. PUBLIC COMMENTS 6. DISCUSSION 7. REPORTS 8. NEW BUSINESS 8.A. ORDERS OF THE BOARD(8 ITEMS) 8.B. CHRISTOPHER GREEN-REVIEW OF CREDIT-CABINET INSTALLATION CONTRACTOR-CAMERON CARPENTRY NAPLES LLC S.C. RYAN D. PETTIT.-REVIEW OF EXPERIENCE-RESIDENTIAL CONTRACTOR-RYAN PETTIT LLC 8.D. JOZEF KINDERNAY-REVIEW OF EXPERIENCE-BUILDING CONTRACTOR-KIPA,LLC(DBA) TNT CABINETRY OF NAPL 8.E. SHIRLEY R.HALL-REVIEW OF EXPERIENCE-CONCRETE PLACING AND FINISHING CONTRACTOR-NOVELLO CONCRET 8.F. RYAN M.GOBIEL-REVIEW OF EXPERIENCE-SWIMMING POOL/SPA SERIVCE AND REPAIR CONTRACTOR-ISON CORP 9. OLD BUSINESS 10. PUBLIC HEARINGS 10.A. CONTEST CITATION#11812-RIGOBERTO GUIDICELLI (CEUL20220003651) 10.B. CONTEST CITATION#12489-KENNETH J.DITTMER(CEUL20220003164) 10.C. 2022-04-KRISTO MISKA DBA HOME&MORE SERVICES INC. (CEMIS20220001812) 11. NEXT MEETING DATE 11.1. NEXT MEETING DATE-WEDNESDAY,JUNE 15,2022 CASE NUMBER 2O2Z_ 0 y Public Hearing Procedures of the Collier County Contractor Licensing Board 1. The Hearing will be conducted pursuantto procedures setout in Collier County Ordinance#90- 10S, as amended, and Florida Statutes Chapter 49. 2. The Hearing is quasi-judicialin nature. The formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant,immaterial,or inconclusive evidence shallbeexcluded butall otherevidence ofthe type commonly relied upon by reasonably prudent persons in the conduct oftheir affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. 5. Hearsay evidence may be used for the purpose of supplementing orexplaining any evidence but shall not be sufficient by itself to supporta Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extent thattheywould now be hereafter recognized in civil actions. 7. The general purpose of the proceeding isfor the County to set out its Opening Statement which details its charges against the Respondent. 8. The Respondent may ormay not make his/her Opening Statement setting out in generalterms the defenses to the charges. 9. The County then presents its Case in Chief,calling witnesses and presenting evidence. 10. The Respondent may cross-examine these witnesses. 11. Once the County has closed its Case in Chief,the Respondent may presen t his/her defense and may call witnesses and do all the things described earlier,that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witnessto testify,and to rebut any evide nce presented against the party. 12. Afterthe Respondent has presented his/her case,the County may present a rebuttal to the Respondent's presentation. 13. When the rebuttal is concluded, each party may present their Closing Statement. 14. The County will have a further opportunity to rebutafterthe conclusion of the Respondent's Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations,the Attorney forthe Board will give the charge similar to a Charge to a Jury,setting out the parameters upon which the Board can base its decision. 17. During deliberations,the Board can ask for additional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First,whether the Respondent isguilty of the offense,or not,as charged in the Administrative Complaint and a vote will be taken on the matter. (b) Second,If the Respondent has been found guilty,then the Board must decide upon the Sanctions to be imposed.The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided,the Chair or,in his/herabsence,the Vice Chair,will read a summary of the Order to be issued by the Board.The summary will setforth the basic outline of the Order but may not be the exact same langu age as the Final Order. 20. The Final Order will include the full details as required under State law. �f Printed Name of Respondent .5-(7 cr./12. Signature of Respondent Date 2 CASE NUMBER &7g`''r'�' Zo22. Oee., �/�le r i i4.77cu-✓ 7�' /2 W1 J Public Hearing Procedures of the Collier County Contractor Licensing Board 1. The Hearing will be conducted pursuantto procedures setout in Collier County Ordinance#90- 10S, as amended, and Florida Statutes Chapter 49. Z. The Hearing is quasi-judicialin nature.The formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant,immaterial,or inconclusive evidence shall beexcluded butall otherevidence ofthe type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. 5. Hearsay evidence maybe used for the purpose of supplementing orexplaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extentthattheywould now be hereafter recognized in civil actions. 7. The general purpose of the proceeding isfor the County to set out its Opening Statement which details its charges against the Respondent. 8. The Respondent mayormay not make his/her Opening Statement setting out in general terms the defenses to the charges. 9. The County then presents its Case in Chief,calling witnesses and presenting evidence. 10, The Respondent may cross-examine these witnesses. 11. Once the County has closed its Case in Chief,the Respondent may present his/her defense and may call witnesses and do all the things described earlier,that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify,and to rebutanyevide nce presented against the party. 12. After the Respondent has presented his/her case,the County may present a rebuttal to the Respondent's presentation. 13. When the rebuttal is concluded, each party may present their Closing Statement. 14. The County will have a further opportunity to rebutafterthe conclusion of the Respondent's Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations,the Attorney forthe Board will give the charge similar to a Charge to a Jury,setting out the parameters upon which the Board can base its decision. 17. During deliberations,the Board can ask foradditional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First,whether the Respondent isguilty of the offense,or not,as charged in the Administrative Complaint and a vote will be taken on the matter. (b) Second,If the Respondent has been found guilty,then the Board must decide upon the Sanctions to be imposed.The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided,the Chair or,in his/her absence,the Vice Chair,will read a summary of the Order to be issued by the Board.The summary will setforth the basic outline of the Order but may not be the exact same langu age as the Final Order. 20. The Final Order will include the full details as required under State law. ...1)//PO, Printed Name of espondent ,/,s/,_ 2- Signature of Respondent Date 2 CASE NUMBER IS Public Hearing Procedures of the Collier County Contractor Licensing Board 1. The Hearing will be conducted pursuantto procedures setout in Collier CountyOrdinance#90- 10S, as amended, and Florida Statutes Chapter 49. 2. The Hearing is quasi-judicialin nature.The formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant,immaterial,or inconclusive evidence shallbe excluded butall otherevidence ofthe type commonly relied upon by reasonably prudent persons inthe conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. 5. Hearsay evidence may be used for the purpose of supplementing orexplaining any evidence but shall not be sufficient by itself to supporta Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. 7. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. 8. The Respondent mayormay not make his/her Opening Statement setting out in general terms the defenses to the charges. 9. The County then presents its Case in Chief,calling witnesses and presenting evidence. 10. The Respondent may cross-examine these witnesses. 11. Once the County has closed its Case in Chief,the Respondent may present his/her defense and may call witnesses and do all the things described earlier,that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify,and to rebutanyevide nce presented against the party. 12. Afterthe Respondent has presented his/her case,the County may present a rebuttal to the Respondent's presentation. 13. When the rebuttal is concluded, each party may present their Closing Statement. 14. The County will have a further opportunity to rebut afterthe conclusion of the Respondent's Closing Statement. 15. The Board will then close the Public Hearing and will begin its deliberations. 16. Prior to the beginning of deliberations,the Attorney forthe Board will give the charge similar to a Charge to a Jury,setting out the parameters upon which the Board can base its decision. 17. During deliberations,the Board can ask foradditional information and clarification from the parties. 18. The Board will then decide two different issues: (a) First,whether the Respondent isguilty of the offense,or not,as charged in the Administrative Complaint and a vote will be taken on the matter. (b) Second,If the Respondent has been found guilty,then the Board must decide upon the Sanctions to be imposed.The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 19. After the two matters have been decided,the Chair or,in his/her absence,the Vice Chair,will read a summary of the Order to be issued by the Board.The summary will setforth the basic outline of the Order but may not be the exact same langu age as the Final Order. 20. The Final Order will include the full details as required under State law. cta �l c ,u c414 Printed Name of Respondent -�/ A ‘//c5 ,9—d le- -Signature of Respondent Date 2