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CLB Minutes 10/19/2022 October 19, 2022 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING October 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 Chairman Lantz Vice Chairman: Terry Jerulle Matthew Nolton Richard E. Joslin Patrick G. White Todd Allen Robert Meister III (absent) Elle Hunt Stephen Jaron ALSO PRESENT: Kevin Noell, Esq., Contractor Licensing Board Attorney Timothy Crotts, Contractor Licensing Supervisor Ronald Tomasko, Assistant Collier County Attorney Michael Bogert, Collier County Licensing Investigator 1 October 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 ofsaid proceedings is made, which record includes the testimony and evidence upon which any appeal is to be made. 1. ROLL CALL: Chairman Lantz opened the meeting at 9:00 a.m. Roll call was taken; seven members were present in the BCC Chambers; an eighth joined later. Supervisor Crotts said he expected Board Members White and Meister to arrive soon.if they don't,their absences are non-approved. 2. ADDITIONS OR DELETIONS: N one [Board Member White joined the meeting at 9:02 a.m.] 3. APPROVAL OF AGENDA: Board Member Joslin moved to approve the agenda. Board Member Nolton seconded the motion. The motion passed unanimously, 8-0. 4. APPROVAL OF MINUTES: Board Member White noted that on the September 21,2022,minutes on p. 11,p. 14 of the packet, he made a motion to close the hearing,which passed unanimously, but the vote on the sanctions and penalties is missing from the minutes. Attorney Noell confirmed it was missing and should be added. He said the minutes-taker can review the meeting and add it. A. Approval of Minutes for September 2l, 2022 Board Member Allen moved to postpone approval of the September 21, 2022, meeting minutes until the next meeting. Second by Board Member White. The motion passed unanimously, 8-0. B. Approval of Minutes for September 27,2022 Board Member White moved to approve the September 27, 2022, meeting minutes. Second by Board Member Joslin. The motion passed unanimously, 8-0. 5. PIJBLIC COMMENTS: None 6. P ESCIJSSION: Supervisor Crotts introduced a new license and compliance investigator, Mike Rivera,and asked him to introduce himself to the Board. Investigator Rivera said he's glad to be here,be part of the team and hopes to do a good job for everyone. Vice Chairman Jerulle welcomed him and asked Supervisor Crotts if Investigator Rivera replaced someone 2 October 19, 2022 Investigator Rivera said he's glad to be here,be part of the team and hopes to do a good job for everyone. Vice Chairman Jerulle welcomed him and asked Supervisor Crotts if Investigator Rivera replaced someone or was an additional position. Supervisor Crotts said he is a replacement and Mr. Rivera makes up our five full-time employees.We are still short three KeyStaff employees who work as investigators. Chairman Lantz asked how County staff and licensing were handling Hurricane Ian and new projects that probably need permits. It's very confusing as to what needs to be permitted and what doesn't. Every jurisdiction has its own items that now suddenly don't need to be permitted and suddenly do.What's going on to inform the public about this and what's the plan to make sure it's actually being followed? Supervisor Crotts said that as far as licensing is concerned,we are taking our lead from the Building Department,which is coming out with guidelines for the public and the permitting staff on what is going to be required for permits,how they're going to be done,how they're going to be prioritized, and the fees involved. Chairman Lantz asked if they'd already come out with guidance. Supervisor Crotts said they have and it's continuing to be updated. When they move forward with different things,they come out with a policy,basically not requiring a permit for demolition at this time because of the amount that was required. However,there will be permits required for build-back, so they are putting together policies on that and do have policies in place for that. Fred Clum,the interim Chief Building Official,will be here later this morning and those will be good questions for him. Vice Chairman Jerulle asked who"they"was. Is it just Fred Clum making the rules? Supervisor Crotts said no,it's the Building Department;Fred Clum; Rich Long,the director of the Building Department; and Jamie French,deputy department head of the Growth Management Department. Vice Chairman Jerulle asked if it was just those three making the rules. Board Member White said no. He noted that he wrote much of the build-back regulations for the County years ago, so there are long-established guidelines and procedures based on the severity of a storm,the degree of a catastrophe,that give certain latitude and relaxation of regulations and processes. The specific geographic areas and the impacts in those areas are what it is being fine-tuned, so there's always been a general guideline and structure as to how this would occur.It's been anticipated for decades. Vice Chairman Jerulle thanked him,but noted that Supervisor Crotts said they're being updated and those three are part of that process.Are they getting input from contractors?He hasn't seen any input from contractors. Supervisor Crotts said he didn't know. Board Member Jaron asked if the information was being put on the portal. Supervisor Crotts said they can find that information on the Building Department's website and licensing information is on the licensing website. Chairman Lantz said that as a field worker,what he hears and sees is that in Naples,removal of drywall is up to four feet. Removal of drywall,baseboard and cabinets up to four feet doesn't require a permit. Everybody he talked to says that includes the rebuild,not just the demolition.And for Collier County,it's 18 inches, so what he hears from everybody who's doing the work is that any work up to 18 inches doesn't require a permit, regardless,and for the City of Naples,any work up to 48 inches doesn't need a permit,regardless. He understands it's on the website and may have been put out on Twitter,but many homeowners don't care or are from out of town,where they don't require building permits and someone sends a note to a building official before a job is started and someone sends a note when the job is finished and that's it. They don't understand what County procedures are.What is being done to educate homeowners who don't understand the policies or don't want to dare risk getting a permit in a place that FEMA is now going to say you're over 50%and you need to tear your house down because you're not going to be able to build it up to code. 3 October 19, 2022 We have an influx of out-of-town contractors. The last thing an out-of-town contractor is going to do is go to the Collier County Building Depatluuent website and check if they need a permit. They're going after the money. So what are we doing specifically to address these issues?You said you're short three investigators, so if you were short before the hurricane,you're really short after the hurricane.What are we doing to address those issues? Supervisor Crotts said the guidance for contractor licensing is that we're going out and doing proactive patrol. If we see work being done,we stop and vet the project.If the project falls under the demolition side,we make sure we explain to the homeowner and contractor,if a contractor is involved,that any build-back will require a permit and that they should contact the Building Department to see what's required. We always confirm that a building permit is required,if a build-back is being done,by checking with the Building Department. Board Member White said he has several clients. Out-of-town contractors have the experience to know those rules and if you have contractors that we've licensed in an emergency who are not going to follow them,he expects we're going to see them. He understands the frustration and the emotion.He was listening to the governor and others involved in the state and County administrations in Lee County as he drove here.Politics aside,we have done astounding things. He's amazed by what public servants have done on behalf of our population. So yes,we rightfully inquire as to what the status is and how to better inform,but anybody who comes in front of us for disciplinary action,it's their responsibility to know the law. If they choose to ignore it, it's the County's job to find out,investigate and enforce it.We're doing that to the best of our ability.If we need to talk with the County building official or elected officials about hiring more people temporarily,those are proper areas of inquiry and comment for us,but it isn't the scope of discussion we can interject ourselves into today. A discussion ensued and the following points were made: • The County's job is to get contractors into compliance. • It's much better to identify illegal contractors and stop work before work happens. • The County needs a marketing blitz to alert contractors and homeowners. • Consider getting a story in the Naples Daily News or NBC-2. • There are media requests being made at the local, state and federal level,but it's doubtful the media is interested. • Probably less than one-tenth of the community watches the CLB on Collier TV. • It's likely that County PIOs have had repeated requests,but have done nothing. • There are charities doing drywall work that should be alerted about the rules. • The reconstruction side is probably more obvious to homeowners,who would know permits are required,but less obvious on the demolition side. • On the demolition side,charities are helping homeowners do dry-out work. • Board Member Allen said he's been removing drywall for the past four weeks with a charity and he wasn't aware of the height restrictions. Charities are removing far more than 48 inches. • From the homeowner's perspective,they believe they need to do whatever it takes to dry out a house. • We shouldn't punish homeowners for not following removal restrictions during demolition. We need to alert them to the restrictions. That guidance isn't out there. • It's confusing because the County has different restrictions;the County and city need have similar restrictions. • There are four jurisdictions: the City of Naples,City of Marco Island and Everglades City and the County. Cities all have the authority to make their own rules for teardown and build-back. • The County has said both 12 inches and 18 inches,while the City of Naples said 48 inches/4 feet. • If we're a group of professionals and we don't know the rules,how can the public know? • It's up to the CLB to protect homeowners from the inability of the County to disseminate information. 4 October 19, 2022 • This would have been a good meeting to have Fred Clum,Rich Long and Jamie French speak. Chairman Lantz asked Mr. Clum to come to the podium and speak. He noted he receives emails from the City of Naples every night about disaster recovery,but hasn't received one from the County. All the Naples emails say 48 inches. Mr.Clum said the City of Naples says 48 inches,which is not the County's directive. Our directive is,"If it's wet,get it out."This is published on the County website; 18 inches or below is a FEMA regulation that we adopted. It was 12 inches,but we amended it to 18 inches to coincide with FEMA,so you can remove and replace up to 18 inches without a permit.You can remove what's wet without a permit,but you need a permit to re-install. Permit applications are being accelerated with minimal review. If you're not doing Level-2 interior-structure modifications,and you're doing like-for-like,we're not requiring architectural drawings or plans.We're requiring a description of the work and are accelerating review and issuance of those permits. Board Member White asked him to clarify if he meant wet,as in"it had been wetted,"but could have been dried out. Mr.Clum said anything that was wet and damaged. Vice Chairman Jerulle said an older man who used to work for him had damage to his house,but it wasn't more than 18 inches,except to remove the damaged material in the bathroom. That was above 18 inches. That means I have to get a permit? Mr. Clum said you need to get a permit to reinstall it,not to remove it. A discussion ensued and the following points were made: • 18 inches of drywall,baseboard,flooring, Sheetrock,etc., and below can be removed without a permit; anything over that requires the 50%valuation with a permit application. • Board Member Nolton said he'd been from Marco Island and north to the City of Venice and visited hundreds of properties. They're saying 48 inches can be removed and reinstalled without a permit. • Cities have their own jurisdiction. • You can remove without a permit;reinstalling 18 inches and above requires a permit. • How does flooring and cabinetry come in?That's where the message isn't clear. • When you get into electrical,plumbing and mechanical,that requires a permit,whether it's responding to a disaster or not. • The permit section of the County website for Hurricane Ian recovery criteria has a link to an exemption for single-family homes to disconnect and reconnect equipment, such as a kitchen sink. • Contractors want the County to send regular emails about rules and guidelines;the County has a database of all their email addresses that can be used. • Consider involving the CBIA to disseminate information. • David Engelhart, a County electrical plans reviewer,has a mailing list about electrical-related information that cites manufacturer recommendations and he sent out a bulletin after Hurricane Ian. • Engelhart's emails involve manufacturer recommendations; code doesn't address those issues,so a design professional needs to make that determination. • Collier County needs to send out more guidance. • The duty to inquire about rules falls on the contractor and homeowner. • The four jurisdictions should get together to discuss guidance, so they're on the same page. • This is an opportunity to clear up guidelines for professionals and homeowners. • Anything over 18 inches for re-installation requires the 50%FEMA valuation with a permit application. • Collier County should use the CBIA as a collective voice,which would have more power. That model is being used in Lee County. The CBIA could be used as an interface with elected officials to provide 5 October 1.9, 2022 guidance to contractors. • Work is being done all over without permits. • The County is upgrading and posting guidelines on its website. Is it possible to create a graphic to make it easier to understand, above and below 18 inches? • A County official has spoken to the other three jurisdictions about guidance. • Investigators are out in the field. One is assigned to the City of Naples and another to the outskirts. • Gulfshore Boulevard is undergoing many teardowns and a lot of construction work. • Even if the County had 20 investigators,that may not be enough for all the activity taking place. • Investigators are checking the hardest hit areas, as well as non-hurricane related work. • The public is being encouraged to be very careful about unlicensed contractors who ask for payment upfront. They often don't come back the next day. • The average homeowner doesn't check to verify if contractors are licensed. • Both homeowners and contractors can apply for permits. • The DBPR is running ads warning homeowners to only hire state-licensed contractors. • The County has posted signs in hard-hit areas,warning homeowners about non-licensed contractors and a number to report that activity. • Growth hasn't stopped, so inspections continue,in addition to hurricane-related work. 7. REPORTS: None 8. NEW BUSINESS: A. Orders of the Board [Nine items] Board Member White made a motion to have the Chairman sign the Orders of the Board. Second by Board Member Joslin. The motion passed unanimously, 8-0. The Orders of the Board were approved. B. Emergency Certificates of Competency—Drywall Contractor,Insulation Contractor(buildings),and Carpentry Contractor Supervisor Crotts said that on September 27,the CLB held an emergency meeting to discuss the emergency issuance of licenses due to Hurricane Ian,which was pending. We based our information on Hurricane Irma, which was a major wind event, so we asked that emergency certificates include roofing and tree removal. Hurricane Ian didn't turn out to be a major wind event and was a flooding event for us, causing a lot of damage to homes and businesses that affected insulation,drywall,etc. Under Ordinance 2006-46 and under 2.11.1,he is asking that the Board also authorize emergency contractors and licensing for drywall,insulation and carpentry. We feel those licenses will help homeowners and business owners get build-backs done quickly and efficiently and ensure that contractors are licensed for the trade,know the trade and have the proper insurance. Board Member White asked what his request for a time frame was. Supervisor Crotts said he wanted the licenses that already were authorized,roofing,tree-trimming and removal and landscaping(restricted to tree-trimming and removal)to be extended for 60 days,and to approve the drywall contractor, insulating contractor and carpentry contractor for a 60-day period. Board Member White made a motion approve the certificates of competency for Drywall Contractor, Insulation Contractor(buildings),and Carpentry Contractor for an emergency period of 60 days. Board Member Joslin seconded it and it passed unanimously. [The motion was later amended.] 6 October 19, 2022 Board Member Joslin asked if 60 days was enough for the build-outs to happen. Supervisor Crotts said they can come back and assess where they are. Chairman Lantz asked if the next meeting is within 60 days. Supervisor Crotts said it was. Board Member Nolton said it's been two weeks.Have you had an influx of requests? Supervisor Crotts said not on drywall and carpentry,but we are averaging over 100 calls a day,with inquiries from homeowners and people from out-of-state who want to come in. We've told them that our goal is to get these licenses approved as emergency licenses so contractors can come in and start working. A lot of the contractors, especially major contractors,are still building homes. They have homes that have been sold,so they need to build them. There doesn't appear to be many spare contractors in these trades,so that's why he's asking for these license to be added to the emergency temporary licenses. Board Member Joslin pointed out that the 60 days would end after their next meeting in December. Supervisor Crotts said we can extend it and vote on it again, if needed. The State of Emergency in the County and city can be addressed at that meeting. Chairman Lantz said that 60 days will expire by the next meeting. Supervisor Crotts said he'd rather go with 90 days. Board Member White amended his motion to 90 days. Board Member Joslin amended his motion for a second. Board Member White made a motion to approve temporary Certificates of Competency for Drywall Contractor, Insulation Contractor(buildings), Carpentry Contractor for the emergency period of 90 days. Second by Board Member Joslin. The motion passed unanimously, 8-0. C. Elvira Ortiz Sanchez—FEESCO Builders Corp.—Registered Building Contractor Review of Experience Chairman Chairman Lantz called Ms. Sanchez to the podium and she was sworn in. Supervisor Crofts reported that Ms. Sanchez has submitted an application for the issuance of a registered license as a building contractor, which requires 48 months of experience. As part of the staff-review process, Ms. Sanchez has submitted Verifications of Experience from the following licensed contractors outlining her experience: • Nian Custom homes—Antonio Brown,president, a certified building contractor.Ms. Sanchez was employed full-time from 2016 to 2020. Her duties were in a supervisory role overseeing subcontractors, but she did have some hands-on experience with rough and fine carpentry. Nian Custom Homes has only constructed residential homes and has never done any commercial projects. • Blue Diamond Home Builders—Hublar Lopez,president, a state certified building contractor. Ms. Sanchez has been employed full time from September 2020 to the present. Her primary role is to supervise crews. She has done some carpentry work. Blue Diamond Home Builders has only built one commercial-style building. The two letters received from the two contractors were reported to be on company letterhead, but that was determined to be false. They were written by the applicant and then signed by the contractors. The company logo was copy-and-pasted on a Word document. During an in person interview, Ms. Sanchez said she had very limited commercial building experience and has never built a commercial building. She reported that she's done some carpentry work, but her major duties with both employers were supervisory. Based upon the information received from Ms. Sanchez, it is staff's opinion that Ms. Sanchez does not meet 7 October 19, 2022 the requirements under Ordinance 2006-46, Section 1.6.1.2, as it relates to the trade of a Building Contractor.Ms. Sanchez has been referred to the Board under Section 2.5.2, Referral of the Application to the Contractors'Licensing Board for a Decision.Ms. Sanchez is here today to answer your questions. Chairman Lantz told Ms. Sanchez her job was to convince the Board that she has the valid experience to build commercial structures up to three stories. [The translator spoke to Ms. Sanchez.] Board Member White asked to have her translator sworn in. [Her translator, Vladimir Rives, was sworn in, as was Sandra Delgado, the County Operations Licensing Supervisor, who was asked to help with translating.] Through her translator,Ms. Sanchez provided background on her experience: • She started working as a supervisor with Nian in 2016,working one year in the office with permits and material lists. • After a year, she began working in the field. • Since 2020,she supervised contractors' work and worked on 10 houses. • She believes she has the experience necessary to open her own business. • After March 2020, she got pregnant and left the company. • In September 2020,she started working with Blue Diamond in the same capacity and working more directly supervising construction, finding contractors. • The company has 10 houses in Lehigh and four houses a year in Collier County. • She recognizes she doesn't have a lot of commercial experience,but she feels able to learn more about commercial construction because it's easy to learn fast in this country. • When she made mistakes with construction,she learned from them. • She feels capable of handling commercial work. Vice Chairman Jerulle asked Supervisor Crotts if Ms. Sanchez were applying for a residential contractor/home contractor,would she still be in front of the Board? Supervisor Crotts said there's a possibility because the staff still has concerns about her hands-on experience. She does have some experience in carpentry and with trim work,but we're unsure that she has experience in cement work,etc.,so she probably still would come before the Board for residential. Board Member White said in that event,would Mr. Crofts require or request that the applicant bring in further documentation. If so,would you be confident enough that if we table this and she modified it to an RBC, staff might reach a conclusion that was appropriate? Supervisor Crotts said he'd have to see.He's also concerned about the forged Letters of Verification that she submitted. That's a major issue. Board Member White said he understood. Supervisor Crotts said if we were to table this and she could provide detailed information about her experience,not just that she's done some carpentry and some trim work,then we can look at it. It may not change the status and we would still have to do a review. We could table it until December and give her time to get more information to review. Board Member White said he understands the primary concern is the scope of the license. The request of the applicant is to table it,allow her to modify her application to residential building contractor,to work with staff,to provide any documentation of prior experience and to ensure there's no more modification of documents,which must be genuine. 8 October 19, 2022 Through the translator,Ms.Sanchez said yes, she could change her application to Residential Contractor. She will put more details in the application,but the letters weren't made by her,but by the owner of the company. Board Member Allen said that was even more concerning. Vice Chairman Jerulle said the CLB doesn't make the rules. The County makes the rules we require to be a contractor. The Board helps interpret them for the County. It doesn't sound like you have experience to be a commercial contractor and you probably won't be approved. He wouldn't vote for her. You also have to prove you have more experience as a residential contractor. You need to fill out the application and provide more information to Mr. Crofts. Board Member Allen said she needs to do that,not the owner of the business. A discussion ensued over whether she should withdraw and postpone the hearing and Ms. Sanchez agreed to withdraw her application, apply as a Residential Contractor and return to the CLB in December. Attorney Noell said that would come under Mr. Crotts' purview whether she needs to come before the Board in December or not. Board Member White made a motion to approve Ms.Sanchez's request to withdraw her application. Second by Board Member Joslin. The motion passed unanimously, 8-0. Chairman Lantz commended Ms. Sanchez's translator,Vladimir Rives,for his professionalism in translating word-for-word,saying no other translators who have come before the CLB have adhered to that. D. Robert Engler dba Crystal Waterscapes—Request for Reinstatement of Permit-Pulling Privileges Chairman Lantz asked Mr.Engler to come to the podium and he and Investigator Bogert were sworn in. Supervisor Crotts said that on July 20, 2022,Mr. Engler, a state-certified Commercial Pool Contractor, was required to appear before the Contractors'Licensing Board to answer Administrative Complaint No. 2022-13, commencing work prior to the issuance of a permit. He failed to appear before the Contractor Licensing Board to answer the above complaint and due notice was given. The County proceeded with the case and Mr. Engler was found to have committed a willful code violation under Section 22-201.1 (2), and his permit pulling privileges in Collier County were revoked.A copy of the minutes from July 20, 2022, and a copy of the Finding of Facts are included in your packet for review. Mr. Engler has asked to appear before the Contractors'Licensing Board to attempt to have his permit- pulling privileges reinstated. Mr. Engler is here today to answer your questions and to present his reasons for having his permit pulling privileges reinstated. Chairman Lantz asked him to explain why his privileges should be reinstated. Mr.Engler testified that what occurred was odd.He talked to staff at the County about whether he needed to pull a permit on this project and talked to the engineers regarding whether they thought he needed to pull a permit.We weren't doing anything structural,we weren't doing anything electrical or anything with plumbing. It was really a big tile job.We added some bowls and changed a couple of pieces of pipe for the recirculating system,so it was a nice-looking fountain. He gave the HOA the option of having him pull a permit, saying it was up to them. The HOA didn't want to pull a permit because they didn't want to spend the extra money for a permit. He was fine with that because he'd done his due diligence and spoke to staff and engineers about the project. 9 October 19, 2022 Three years later, something happened with the HOA and a woman there was fired. He then received a call about this project and was baffled. He got a call,but never received anything in the mail or an email. He works all over the country and has a lot going on. He forgot about the call and missed the CLB meeting. He'd like to get back to work. He does very few projects in Collier County but doesn't want a blemish on his contractor's license because he's been doing this for 30 years. Chairman Lantz asked Investigator Bogert to address the issues. Investigator Bogert testified that Mr. Engler was served notice. He was served in-person on May 11, 2022,and that notice was included in the July 20,2022,packet. Board Member White asked if he wanted to have the prior record admitted. Investigator Bogert said he did. On July 13,he sent an email to Mr. Engler,saying he took over for the former investigator,Orlando Ramos,and was the new investigator on the case.He reminded Mr. Engler about the hearing and said his presence was required.Mr. Engler did respond,but didn't acknowledge anything about the hearing.He has a copy of the email and could enter it as an exhibit. Board Member White said they could take it and enter it as a composite exhibit.He read the notice, which said his permit-pulling privileges could be denied,and it was signed by Mr. Engler. Attorney Noell asked if he was saying he didn't get proper notice. Mr.Engler said he wasn't,but he didn't remember the email and gets about 200 emails daily. Attorney Noe11 said he understood but wanted to clarify for the Board that this isn't a motion for a rehearing, so the issue of whether he received proper notice in July,the time and the legal manner in which that would have been challenged has now passed. It's not a matter for the Board today. The only legal issue before the Board for consideration is whether his reasoning on why he didn't appear convinces the Board to allow him to reinstate his permit-pulling privileges. He cautioned the Board not to go down another legal avenue not properly before the Board today. Board Member White said he wanted to consider candor and truthfulness before the CLB. He made a motion to enter the document as Exhibit 1 but didn't expect Mr. Engler to deny that was his signature. He just wants guidance. The Board needs an understanding of what his defense was at the time.He(Mr. White)didn't attend that hearing and was excused, so he didn't participate and is interested in staff s perspective. Board Member Joslin told Mr. Engler he was brought here because he should have pulled a permit. That's standard process. You weren't here to defend yourself,so we pulled your privileges. The penalty phase should still apply. Attorney Noell said that still applies. He recommended that the Board open a public hearing to take testimony and evidence and to hear Mr. Engler and staff. They should accept the motion to accept the two documents as evidence. Vice Chairman Jerulle suggested this should be tabled until the next hearing. Board Member Joslin said it would give him time to put a case together. Mr.Engler said he just wants to get the information to the Building Department so he could get the permit pulled. This is a 20-to 25-year-old fountain. Board Member Allen pointed out he hasn't been licensed to pull permits since 2016.He's not inclined to make a motion for a public hearing just so he could pull a permit that he hasn't pulled since 2016. A discussion ensued over the motion on the floor to accept evidence;it wasn't seconded. 10 October 19, 2022 Board Member Joslin said this shouldn't be looked at or reopened. I'm a state-certified contractor and don't like this. I built nearly all the pools in Waterways. Mr.Engler said he didn't build the fountain. Board Member Joslin said he understood,but a man with 30 years of experience should have known better. Board Member White said it was improper to comment on this if there's no hearing,so he'd withdraw his motion and allow County staff to determine whether they want the documents to be submitted. Chairman Lantz asked him if his intent was to reinstate his license for the future or just for this one job. Mr. Engler said that until he can get it reinstated and fix this problem,he can't do anything and is stuck. He's tried to fix this. He spoke to County staff about getting a permit and tried to get into the County portal,but he couldn't upload anything. He tried sending everything to Mr. Ramos,who assured him he'd get everything through the process for him. Then he heard that Mr. Ramos no longer works for the County and he got a call. A discussion ensued over a motion not to reinstate the permit and the alternatives: • The appeals process period has passed. • Mr. Engler can appeal the denial or he can withdraw this motion and return in December,when the CLB can hold a hearing,hear testimony,take evidence and come to a conclusion. • They could allow him to have permit-pulling privileges for this one job to close it out. • Board Member White said he wasn't here for the hearing in July,but Mr. Engler should have been provided with permit-pulling privileges for that one job, so he could have corrected the problem before now. • The waterfall is up and running now. • There is a Stop-Work Order on the fountain work and it's in Code Enforcement's hands, so the HOA is handling it. Supervisor Crotts said the County recommends that permit-pulling privileges be reinstated for the purpose of applying for the required permit at 910 Waterways Blvd.,where the work took place, so Mr. Engler can apply to complete inspections and final the permit within 120 days. Failure to complete and final the permit within 120 days would require Mr. Engler to appear back before the Contractors' Licensing Board for disciplinary action. Should Mr. Engler complete the permit at 910 Waterways Blvd. in the allotted time,he may ask to appear back before the Contractors' Licensing Board for a permanent reinstatement of his Collier County contractor's license. Board Member White made a motion to accept the recommendation. Chairman Lantz noted that if work isn't completed within 120 days and comes back for more disciplinary action,the CLB already has imposed the maximum penalty. Supervisor Crotts said that was correct,but the case would then be sent to the DBPR. Board Member Nolton asked if they can make this motion if they'd already found him guilty and sanctioned him. Attorney Noell said the Board can consider his status of not being able to pull permits. A motion to reinstate privileges for this one job is lawful. Chairman Lantz seconded the motion. Vice Chairman Jerulle asked Mr. Engler if he was going to pull a permit for the fountain. 11 October 19, 2022 Mr.Engler said he was trying to do that and has everything ready to move forward. Board Member Hunt urged him to do everything to close out and complete the permit. Mr. Engler said he would. Board Member White said if 120 days isn't enough time,he would be fine putting it on the agenda in 90 days for an extension to ensure the work is done. Vice Chairman Jerulle said 120 days is enough time. Board Member White made a motion to reinstate Mr.Engler's permit pulling privileges so he can apply for a required permit at 910 Waterways Blvd.;failure to complete and final the permit within 120 days will require Mr.Engler to come before the Contractor's Licensing Board for disciplinary action;if permit is completed in the allotted time,Mr.Engler can ask to come before the Contractors'Licensing Board for a permanent reinstatement of his Collier County contractor's license.Second by Chairman Lantz. The motion passed, 6-2;Board Members Allen and Joslin opposed the motion. Mr.Engler said he will pull the permit,close it out and go from there. Board Member Joslin noted that this is just one permit. Mr.Engler asked what he should do after that about his permit-pulling privileges. Supervisor Crotts said staff is willing to work with Mr. Engler. Chairman Lantz told Mr. Engler to work with staff so he could get his permit-pulling privileges reinstated. 9. OLD BUSINESS: A. Gabriela R.Rea—Florida Gulf Coast Roofing Inc.—Review of Credit and Reinstatement of Roofing Contractor License and New Application for Plastering& Stucco Contracting Chairman Lantz called Ms.Rea to the podium and she was sworn in. Supervisor Crotts reported that Ms. Rea appeared before the Board last month on an issue to reinstate one of her licenses, a roofing contractor, and to apply for and be issued a specialty license for plastering and stucco. As part of the staff-review process, Ms. Rea was required to provide a personal credit report and a business credit report. A review of Ms. Rea's personal credit report shows the following areas of concern: • A credit score of 522; the minimum required score is 660. • A $4,297 charge-off by Suncoast Credit Union dated June 2022. • A $1,180 charge-off by Suncoast Credit Union dated August 2018. • The total charge-off amount is$5,477. The following areas of concern were noted on the business credit reports: • A $3,013 collection amount owed to Superior Stucco Group Inc. by McCarthy, Burgess& Wolf that was dated January 2019. • A $14,245 collection amount against her current company, Florida Gulf Coast Roofing, by Altus Global Trade Solutions that's dated July 1, 2020. At the last hearing, Ms. Rea was told to get more documentation and to come back because she was having trouble showing the Board how this situation came about. There also were questions about other parties involved. We received information from Ms. Rea on Friday. However, the documentation does not show what is being done. She entered into a contract for a payment plan for$100 a month for one company, but it's not showing what company it is.Ms. Rea is going to need to sit down with staff and go over each one of these pages to show what these payments are being applied to. 12 October 19, 2022 Chairman Lantz asked Ms. Rea if she understood the confusion. Ms.Rea said she did. Chairman Lantz asked her to enlighten the Board about her situation. A discussion ensued and Ms. Rea testified that: • She paid off Superior Stucco and has a receipt to prove that. • She contacted McCarthy,Burgess&Wolf and came up with a settlement amount. • She's currently operating in Lee County,where she's licensed as Florida Gulf Coast Roofing. • She contacted Ponte Leasing,the company she rented a trailer from,but it was sold to a receivable management company, so she spoke to payments receivable. They said the problem they have is many people are forced to pay and once they get proof of a payment schedule,they don't pay it. • She can get a payment schedule from them once she provides a contact phone number and authorization to contact the company that has the debt. • If she told the company that her license was on a temporary probation basis for 24 months and that was the timeframe she'd have to pay off the debt,they still would not be inclined to provide those documents. • Her only option is to settle for half the amount,about$7,000,and it would take two or three months for her to put that payment together. • The CLB's and County's concern is that more debt may have accrued since she provided the last personal and business credit reports. • She's paying$400 on her personal debts,$800 monthly on two accounts. • Staff hates to have a contractor's license be canceled for a reason,but feels she has not complied to provide the documentation we need; Ms. Rea disputed that, saying she has documents that show where each payment is being made. Supervisor Crotts said staff's recommendation is to table the hearing until December 21, so Ms. Rea can provide clarification on payments,current business and personal credit reports. If there's no issue,her license won't expire until after December 31. Board Member White asked when she needed to provide the documents prior to the December 21 meeting. It's going to take extra effort working with creditors for Ms. Rea to clarify what's being paid. Supervisor Crotts said he'd need documentation and credit reports two weeks prior to the meeting. Board Member White told Ms.Rea she needed to provide documents and credit reports by December 7. Board Member White made a motion to table the hearing until December 21 to allow Ms. Rea to provide more documentation about her payment plans and to provide current business and personal credit reports.Second by Board Member Joslin. The motion passed unanimously, 8-0. [The Board took a recess from 10:45 until 11 am.] 10. PUBLIC HEARINGS: A. 2022-10—Kenneth D.Carter dba Carter Fence Company Inc. (CEMIS20220004800) Chairman Lantz called Mr.Carter to the podium and he,his attorney,Steven Blount,and Investigator Bogert were sworn in. Board Member Allen made a motion to open the public hearing for 2022-10.Second by Vice Chairman Jerulle. The motion passed unanimously, 7-0;Board Member Jaron abstained. The public hearing was opened. 13 October 19, 2022 Investigator Bogert said a copy of the case packet and complaint was presented and signed and dated by the Respondent and asked to submit the Preamble and Case Packet for 2022-10 into evidence. Board Member Allen made a motion to accept the Preamble and Case Packet for 2022-10 into evidence. Second by Board Member Joslin. The motion passed unanimously, 7-0;Board Member Jaron abstained. Board Member Joslin disclosed that he knows Mr. Carter but hasn't had dealings with him in years and it wouldn't affect his vote. Attorney Noell asked if there would be a pecuniary gain or loss if he voted. Board Member Joslin said no. Vice Chairman Jerulle said he's also had business dealings with Mr. Carter. Attorney Noell asked if any Board member has any business that's current or pending with the Respondent that would potentially cause a pecuniary gain or loss if they participated in the hearing. If any Board member has a potential financial interest,you can state your name on the record and detail your interest. Board Member Jaron said he has several temporary fence contracts and asked to be recused from the hearing. Attorney Noell said he'd provide him with a Form 8B,Memorandum of Voting Conflict for County, Municipal and other Local Public Officers, after the meeting. Investigator Bogert said he did have a proposed stipulation but would provide an opening statement: The Respondent,Kenneth Carter, a Collier County license fence contractor with Issuance No. 11475,is the qualifier for and owner of Carter Fence Company. Mr. Carter contracted to receive payment and installed a fence at 4274 32nd Ave. SW without a permit when one was required. Mr. Carter is in violation of the Collier County Code of Laws and Ordinances, Section 22-201 (18),which states,in pertinent part,that is misconduct by a holder of a Collier County Certificate of Competency to proceed on any job without obtaining applicable permits or inspections from the City Building&Zoning Division or the County Building Review& Permitting Department. In conclusion,on April 21,2021,and March 16,2022,the Contractors' Licensing Board held formal disciplinary hearings and placed Mr. Carter's license on 12-month probationary periods for commencing work without an issued permit. Supervisor Crotts said there was a stipulated order signed by Mr. Carter and his attorney. Board Member White asked if they could see the stipulation. Supervisor Crotts said he'd like to read it first. "This is a stipulated settlement agreement and agreed order between Kenneth David Carter and the Board of County Commissioners of Collier County, and the Collier County Contractors'Licensing Board, hereby stipulating the agreement. The Respondent admits to the allegations and Administrative Complaint 2022- 10 for the purpose of the stipulation and settlement of this matter. Respondent and the Board agree that the Respondent will voluntarily pay a$10,000 fine. This fine shall be paid within 90 days from the date of the stipulated settlement agreement and agreed-upon order. Failure to pay the fine within 90 days shall result in the license of the Respondent being revoked. The Respondent and the Board agree that the Respondent shall be placed on probation until July 1, 2023. In the event of any alleged violation that occurs subsequent to the date of the order, the Respondent shall be notified of said violation by the Collier County Contractor Licensing Supervisor and the Respondent 14 October 19, 2022 shall be required to appear before the Board for a hearing on that matter. The Respondent and the Board agree that the Respondent shall be responsible to complete and final, or satisfactorily resolve, all outstanding permits, whether Respondent has commenced work without a permit, to include any issue involving setback requirements or variances as required by Collier County. The respondent shall submit proof that each permit has been satisfactory,finaled or satisfactory resolved on each permit. Executed the 19th of October 2022." He said he'd pass the stipulated agreement around to Board members. The final page of that involves nine pending permits Mr. Carter will need to complete. Chairman Lantz asked if there was no date that it had to be resolved by. Supervisor Crotts said that was correct. The last page of the stipulation agreement explains the status of those permits. Out of everything that was complained about,we were able to work with the County Building Official to make determinations that nine complaints are left out of the 29. Board Member Allen asked if this was a full audit of Carter's files. Is this all we know about?There's a possibility that there could still be some outstanding. Supervisor Crotts said we've been assured by Mr. Carter that's he's working on this and has made office changes. He's made huge strides to ensure that this situation doesn't occur again. Chairman Lantz asked how far back these problems go. Attorney Blount testified that: • This is part of a larger problem that his client discovered in part because of Cases No. 2022-02 and 2022-03. • The earliest violation we found was August 20,2021,and the latest was January 25, 2022. • He went through all 29 complaints and created a timeline. • We're not here to oppose the violations because we've executed a stipulation and this happened. • Carter Fence has been around for nearly 34 years and has a very good reputation. They've never had a complaint before this Board from a customer in 34 years. They do very good work. • Over nearly 34 years,they grew steadily and they operate in many jurisdictions,including Charlotte and Lee counties. • As they expanded,it became more complicated to keep track of work,Mr. Carter took his hands off the wheels of his business for a while and missed some things. • A long-term employee of 30 years developed a drug problem and wasn't doing work we thought was being done,so that employee is no longer with Carter Fence. • We fired the head of our permitting department and other staff. • We fired the sales person who sold the majority of these jobs because he didn't want to adhere to the company's new standards. • We have an entirely new sales staff. • There's now a sign in the meeting room where supervisors meet every morning that says, "Collier County:No Permits,No Job."If they work without a permit,they lose their job. • Mr. Carter is involved again,so he won't ignore any violations. • The vast majority of these violations involved work that occurred prior to Cases No.2022-02 and 2022-03. The work was done on those jobs on January 7 and January 11,but didn't come to Mr. Carter's attention until the end of January or early February. • There are no violations after January 25,2022,because Mr. Carter took charge of the problem. • We worked with the County Attorney's Office and Mr. Crotts to get us under contract and we won't be back again. 15 October 19, 2022 Chairman Lantz asked if any Board members had questions. Board Member Allen asked if there was a statute of limitations to pull permits. He'd like to see Mr. Carter's audit and job files so they can see completed jobs versus permits that were pulled. He's sure Mr. Carter wants this resolved,but he's afraid that if the Board signs the stipulation,there could be a violation they didn't know about. A discussion ensued and the following points were made: • If another violation was found,he'd come before the Board. • The search for violations included areas out of unincorporated Collier County. • There are nine violations,including two in the City of Naples and one in the City of Marco Island. • Mr. Carter conducted his own search of Collier, Lee,Charlotte and other counties to correct these problems without any intervention by those municipalities. • This is an accurate representation of what's out there. • There were 100 permits going back to 2012 and he was given six months to final and complete them. • The County also has looked at this internally. • Those aren't listed in the stipulation because it only includes jobs with permits;jobs being closed out are being worked on separately. • The County is working with his office manager and has no issues. • There is no Administrative Complaint involving expired permits,but he's committed to resolve anything that comes up. Board Member White said he was looking for the rationale as to why other jobs weren't included and understands that's beyond the scope of the complaint,so any violations asserted and found wouldn't be included within the scope of the stipulation. Based on the County's confidence and the Respondent's commitment, if there's an issue, it will come back before us.The message we shared with Mr. Carter the past two times he was here is one that seems to have been heard. He's sure some of the staff who were fired were people he dealt with, so he's glad to hear there's been a real reorganization and re-invigoration of what was always his mission,values and vision for his company. Board Member White made a motion to accept the stipulation. Second by Board Member Joslin. The motion passed unanimously, 7-0;Board Member Jaron abstained. Board Member Allen made a motion to close the public hearing.Second by Board Member White. The motion passed unanimously, 7-0;Board Member Jaron abstained. Chairman Lantz said the Board can now move on to findings of fact. 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 the Administrative Complaint and notice was legal, 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 present at the hearing and was represented by counsel. • The Respondent is the license holder as set forth in the Administrative Complaint. • The Board has jurisdiction over the Respondent and subject matter raised in the Administrative Complaint. • The Respondent committed the violations set forth in Count 1 of the Administrative Complaint. Therefore,by a vote of 7-0 and one abstention,the Respondent is found guilty of the violation set forth in Count 1 of the Administrative Complaint,2022-10,the stipulation has been approved. 16 October 19, 2022 Kenneth David Carter,the Collier County Board of County Commissioners and the Contractors' Licensing Board hereby stipulate and agree that Respondent admits the allegations in Administrative Complaint 2022-10 for the purpose of this stipulation and settlement of this matter. • Respondent and Board agree that the Respondent shall voluntarily pay a$10,000 fine. • The fine shall be paid within 90 days from the date of this Stipulated Settlement Agreement and Agreed Order. • Failure to pay the fine within 90 days shall result in the Respondent's license being revoked. • Respondent and the Board agree that the respondent shall be placed on probation until July 1, 2023. • In the event of any alleged violation that occurs subsequent to the date of this order,Respondent shall be notified of said violation by the Collier County Licensing Supervisor and the respondent shall be required to appear before the Board for a hearing on the matter. • The Respondent and the Board agree that the Respondent shall be responsible for completing and finaling or satisfactorily resolving all outstanding permits where the respondent has commenced work without a permit,including any issues involving setback requirements or variances, as required by Collier County. • The Respondent shall submit proof that each permit has been filed or satisfactorily resolved. • Executed this 19th day of October,2022. This concludes the order of the Board in this matter. 11. NEXT MEETING DATE: WEDNESDAY,December 21,2022 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. Second by Board Member Allen. The motion passed unanimously, 8-0. There being no further business for the good of the County, the meeting was adjourned at 11:23 a.m. Collier County Contractors' Licensing Board Kyle Lantz,Board Chairman These minutes were approved by the Chairman or Vice-Chairman of the Contractors'Licensing Board on I a- 2. I - o2O 2 a , (check one)as submitted V or as amended 17 FORM���� �� ������ ���� �� U�� ����UU�� ��� ���o �mu_�w��x���o�����x�x ��o- VOTING CONFLICT o-���� ��u����� U�V8�U�~U�� U � ��� ������ LOCAL PUBLIC ���������� COUNTY, u�o��n�u��oo-����v ��x��� �� xum���w u��m����u� u ����u�w�� OFFICERS m��u�n�"� LAST NAME—FIRST NAME—MIDDLE NAME NAME op BOARD,COUNCIL,COMMISSION,AUTHORITY,omCOMMITTEE Jarpn. Stephen Michael -MAIDwo^oo*sae THE BOARD,COUNCIL,COMMISSION,AUTHORITY o*COMMITTEE ow 3361 Lakeview Drive WHICH/SERVE mA UNIT OF: o/ry - -- oouwr/ ------- oun' m[oouwry o OTHER LOCAL Aaewcv Naples Collier NAME op POLITICAL ouao/V1§16w: — o*r owwm/c*vorsoucunesn- wY POSITION m� � Oohobmr1Q 2O22 . o sLEonvs m[ xppo/wrwe WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,council, commission,authority, orcommittee. |t applies to members ofadvisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112,3143. Florida Statutes, Your responsibilities under the|m*when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an*|ocbv*or appointive position. For this ne000n, please pay close attention to the instructions � completing and filing the form. _ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112'3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or|uum of principal (other than o government agency) by whom he or she is retained (including the parent, subsidiary,or sibling organization of principal by which he or she is retained);to the special private gain or loss of relative;or to the special private gain or|oen of business associate,Commissioners of community redevelopment agencies(CRAs)under Sec. 183.856or 163.357. FO., and officers of independent special tax districts elected onaono-oom. one-vote basis are not prohibited from voting in that capacity, For purposes of this |mm u^e|ai|va" includes only the officer's father, mother, snn, dauOk0ur, husband, wAha. brother, sister, fathop}n-lmm mother-in-law, son-in4aw, and daughter-in-law A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the � minutes of the meeting,who should incorporate the form m the minutes, APPOINTED OFFICERS; Although you must abstain from voting in the situations d000hbad uUove, you are not prohibited by Section 112,3148frnn otherwise participating in these matters, However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally orin writing and whether made by you orat your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN. ^ You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of!na meeting,who will incorporate the form m the minutes, (Continued nn page 2) _ cs FORM na'erF,11m013 PAGE APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Stephen M. Jaron hereby disclose that on October 19 20 22 k)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, _ inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: I am the owner of Renovate and Restore, LLC and currently have open contracts with Carter Fence Company to provide Temporary Construction Fencing on job sites. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 12/15/2022 IP. Date Filed s`'gnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE`TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF,11f2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.