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CLB Minutes 02/13/2023February 13, 2023 1 MINUTES OF THE COLLIER COUNTY CONTRACTORS’ LICENSING BOARD MEETING February 13, 2023 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: Todd Allen (excused) Vice Chairman: Stephen Jaron Elle Hunt (excused) Terry Jerulle Richard E. Joslin Kyle Lantz Robert Meister III (absent) Matthew Nolton (absent) Patrick G. White ALSO PRESENT: Kevin Noell, Esq., Contractors’ Licensing Board Attorney Timothy Crotts, Contractor Licensing Supervisor Colleen Kerins, Assistant Collier County Attorney Michael Governale, Collier County Licensing Investigator Sandra Delgado, Supervisor, Operations, Licensing February 13, 2023 2 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: Acting Chairman Jaron opened the meeting at 9:03 a.m. Roll call was taken; five members were present in the BCC Chambers. Supervisor Crotts said Mr. Allen and Ms. Hunt provided prior notice and asked that their absences be approved. He hadn’t heard from Mr. Nolton. 2. ADDITIONS OR DELETIONS: None 3. APPROVAL OF AGENDA: Board Member Lantz moved to approve the agenda. Second by Board Member Joslin. The motion passed unanimously, 5-0. 4. APPROVAL OF MINUTES: A. January 18, 2023 Board Member Lantz moved to approve the January 18, 2023, meeting minutes. Second by Board Member Joslin. The motion passed unanimously, 5-0. 5. PUBLIC COMMENTS: None 6. DISCUSSION: None 7. REPORTS: None 8. NEW BUSINESS: A. Orders of the Board [seven items] Board Member White made a motion to authorize the Chairman to sign the Orders of the Board. Second by Board Member Lantz. The motion passed unanimously, 5-0. The Orders of the Board were approved. B. Wilmer Y. Portillo Sanchez – Everlast Building Contractors Inc. Building Contractor – Review of Experience and Credit Acting Chairman Jaron called Mr. Sanchez to the podium, and he was sworn in. February 13, 2023 3 Supervisor Crotts reported that Mr. Sanchez has submitted an application for the issuance of a registered license for a Building Contractor, which requires 48 months of experience and requires a minimum credit score of 660. Under Collier County Ordinance 2006-46, Section 2.3.9, Mr. Sanchez was required to submit a personal and business credit report. His credit report was reviewed and appears not to meet the financial responsibility as set forth in Section 2.5.1 (d), “The applicant or qualifier meets the requirements for financial responsibility as set forth in Rule 61G4-15.006 of the state of Florida.” A review of the credit report submitted by Mr. Sanchez shows the following areas of concern: • Mr. Sanchez’s credit report shows a credit score of 656. • The credit report shows a collection in the amount of $748 from ECOA as of 8/31/22. • The credit report shows a note of serious delinquency. Mr. Sanchez was required to submit documentation showing his experience as part of the review process by staff. He submitted a Verification of Experience from his current and former employers outlining his experience: • Dalia Building Company Inc., a state-certified building contractor. Mr. Sanchez has worked for this company from 2012 to present. The company president said Mr. Sanchez’s experience was that of doing small repairs, cabinet work, painting and trim work. He has no experience building homes or commercial construction. • On Site Woodworking Inc., a state-certified general contractor. Mr. Sanchez has worked for this company from 2012 to present and his employment was that of a subcontractor, not a full-time employee. The company’s qualifier said Mr. Sanchez’s experience involved finish, trim work, painting and some drywall. He had no structural experience with this company. • Garrett/Curtis Construction Inc., a state-certified building contractor. Mr. Sanchez worked for this company from 2017 to 2022. The company president said Mr. Sanchez’s experience was in painting, stucco wall repair, framing interior and exterior, floor installation and cabinet work. He had no construction experience building homes or in commercial construction. Based upon the information received, it is staff’s opinion that Mr. Sanchez does not meet the minimum requirements as set forth in the Ordinance 2006-46, as it relates to the financial responsibility, or the experience, as it relates to a Building Contractor, under Section 1.6.1.2. Because Mr. Sanchez does not meet the minimum requirements for his credit score and qualifications needed to be a Building Contractor, Mr. Sanchez is being referred to the Contractors’ Licensing Board under Section 2.5.2, Referral of the Application to the Contractors’ Licensing Board for a Decision. Mr. Sanchez is here today to answer your questions regarding his credit and experience. Acting Chairman Jaron asked Mr. Sanchez to explain his credit report, noting that his credit score is close but a couple of points shy of what he needs. Mr. Sanchez told the Board: February 13, 2023 4 • He just checked on Friday and it’s 664 now and he has the proof. • He used that credit score to apply for a license in Palm Beach County. • He wasn’t able to get Verifications of Experience because past employers said they would fill out the letters, but then wouldn’t get back to him after he sent them the letter. • He got his painting license in 2012. • He’s worked for Mario’s Painting. He worked for other companies and helped them do the work. They wouldn’t fill out the letter. • He knows how to read plans and doesn’t want to build big buildings. He just wants to be licensed. • He has supervised many jobs but doesn’t have a license to take full responsibility of a job. • He’s helped supervisors and understands the work. During questioning by the Board, the following points were made: • He’s done some concrete work, such as fixing and repair. • He has no experience driving pilings. • He didn’t know the difference between a grade beam and a tie beam. • He’s been told how to do that work but has been supervised. • He formed and poured a slab for his own house, with a detached garage, and built it using a blueprint. He did not do the electrical, water and AC work, but hired licensed contractors to do that. • He doesn’t have experience in structural work. Board Member White made a motion to deny issuance of a Building Contractor’s License for Wilmer Y. Portillo Sanchez. Second by Board Member Jerulle. The motion passed unanimously, 5-0. Board Member White advised him to go to the people who didn’t respond to his request for Verifications of Experience to prove he has the experience. His limited amount of experience doesn’t meet the minimum required and he needs to be familiar with the structural components needed to build. C. Lena M. Caceres Endara – Corinto Décor LLC Building Contractor – Review of Experience Acting Chairman Jaron called Ms. Endara to the podium, and she was sworn in. Supervisor Crotts reported that Ms. Endara has submitted an application for the issuance of a registered license for Building Contractor, which requires 48 months of experience. As part of the application process for the issuance of Building Contractor’s License, Ms. Endara was required to submit documentation outlining her experience. As part of the staff-review process, Ms. Endara submitted a Verification of Experience from her former employers outlining her experience: • New Vision Builders of Southwest Florida, a state-certified building contractor. She worked for this company from May 2020 to December 2022 as a full-time employee. The company vice president said her experience involved kitchen design and in-home February 13, 2023 5 measurements. She had no experience building homes or in commercial construction. • All-Clear Construction, a state-certified general contractor. Ms. Endara worked for this company from November 2016 to 2022. Her employment was that of a subcontractor, not a full-time employee. The company owner reported that Ms. Endara’s experience was in kitchen remodels and cabinet installs. She had no structural experience with this company. Based upon the information received, it is staff’s opinion that Ms. Endara does not meet the minimum requirements as set forth in Ordinance 2006-46, as it relates to the experience under Section 1.6.1.2, Building Contractor. Because Ms. Endara does not meet the minimum qualifications needed for the issuance of a Building Contractor License, Ms. Endara is being referred to the Board under Section 2.5.2, Referral of the Application to the Contractors’ Licensing Board for a Decision. Ms. Endara is here today to answer the board’s questions regarding her experience. Acting Chairman Jaron asked Ms. Endara to provide more detailed information on her experience. Ms. Endara told the Board: • She, her husband, and family came here from Spain eight years ago after doing remodeling and construction in Spain for 14 years. A license wasn’t required there. She also did remodeling, plans, interior changes, and structural changes, • She works with her husband, who has structural experience. She has more experience in interior design. • She feels capable of doing the work and came to Florida because there’s a lot of construction work here. • They arrived in August 2015 and opened the company in November 2015 so they could do painting and cabinetry. • They have a lot of customers and are very responsible and hard working. • She started studying three years ago and took the tests for a General Contractor’s License because they do a lot of bathroom and kitchen remodels. They don’t plan to build homes but might do additions or change the house’s layout. • She works with other contractors, but she was doing the projects. • In November, when she was working with a customer, she had a problem with electric and had an inspection. The inspector told her she needed to get her own license. • She didn’t have enough time but decided to work toward that. • She doesn’t have documentation to show her experience but can answer the Board’s questions. • She has a lot of good Google reviews and references. During questioning by the Board, the following points were made: • Her experience is with interior design, remodeling and renovations. • In Europe, you don’t need a license to do what she’s doing. • She gets permits pulled here through a GC. • She works as a sub for some contractors. February 13, 2023 6 • With New Vision Builders, she prepared a project for the customer, who was the contractor. She can’t contract with a plumber or electrician because she’s not a contractor. • She acts like a contractor but needs to be able to pull permits. • She wants to take credit for her own work and her company is doing well. • It doesn’t appear that she has the qualifications. • Florida building laws are more complicated than other states because they include hurricane codes and insurance requirements. • If they issued this license, she’d be allowed to build homes and she doesn’t have the qualifications. • She needs to prove she understands the technical details required for this license. • She admits she doesn’t have proof she knows what’s required for the license. They’d have to see her work to judge that. • She doesn’t want others taking responsibility for her projects. • She needs this license to continue doing the work they’re doing. • It wouldn’t be prudent to restrict this license to allow her to just do remodels and additions; the county would not be able to monitor that. • She can continue and work under a contractor. • She shouldn’t put herself in the position of using another contractor’s license to pull a permit. It could result in disciplinary proceedings. • She feels limited in working the way they’ve been doing. Board Member White made a motion to deny the license. Board Member Joslin seconded it. He advised her that the way she’s working now could get her into serious trouble if an investigator catches her. Ms. Endara said she’s been studying to get the license. Acting Chairman Jaron told her they can’t accommodate her and give her a license with a limited scope of needs. The license is broad and grants a lot of responsibility. Board Member Jerulle told her she doesn’t meet the county requirements and she’s appealed that decision but hasn’t convinced the Board she has the experience. She needs to get more experience or pair up with a general contractor to do the work. Acting Chairman Jaron noted that many interior designers work with general contractors, but it’s unusual for an interior designer to have a Building License. Board Member White made a motion to deny Lena M. Caceres Endara’s application as a Registered Building Contractor. Second by Board Member Joslin. The motion passed unanimously, 5-0. D. Enrique Torres – T & T Surfaces LLC Epoxy Stone Contractor – Review of Credit Acting Chairman Jaron called Mr. Torres to the podium, and he was sworn in. Supervisor Crotts reported that Mr. Torres has submitted an application for the issuance of a license for Epoxy Stone Contractor, which requires financial responsibility and a minimum credit score of 660. As part of the application process under Collier County Ordinance 2006-46, Section February 13, 2023 7 2.3.9, Mr. Torres was required to submit a personal credit report. His credit report was reviewed and appears not to meet the financial responsibility as set forth in Section 2.5.1 (d), “The applicant or qualifier meets the financial responsibility as set forth in Rules 61G4-15.006 of the state of Florida. A review of the credit report submitted by Mr. Torres shows the following areas of concern: • A credit score of 713. • A closed account with a past due amount and $342 from CB&A that was verified in 12/2022 • A closed account with the past due amount of $556 from Bank of America that was verified on 12/2022. • A closed account with a past amount of $621 from Rocket Loans that was verified in 12/2022. • A closed account with a past due amount of $180 from SYNCB that was verified in 12/2022. • A $4,288 charge-off from GS Bank USA that was verified on 11/2022. Because Mr. Torres does not meet the responsibility as set forth by the ordinance, Mr. Torres is being referred to the Board under Section 2.5.2, Referral of the Application to the Contractors’ Licensing Board for a Decision. Mr. Torres is here today to answer your questions regarding his credit. Acting Chairman Jaron asked Mr. Torres to explain his credit background in detail. During questioning by the Board, Mr. Torres detailed his credit history, and the following points were made: • He was injured in May 2022 and can’t afford his credit cards because he’s not working; he’s on Worker’s Comp. • The recovery process has been long, and he doesn’t know when he’ll be cleared for work. • He thought he was getting better, but during rehab he was doing heavy lifting and he’s in severe pain. • If he got his license, he could start marketing to sell a few jobs and hire employees. • He has entered a payment plan for his largest debt, the $4,288 charge-off from GS Bank USA, and is paying $100 monthly. • He’s also entered a payment plan in November with CB&A for $100 monthly to pay off the $342. • He has a payment plan with Bank of America this month to pay $50 monthly for 24 months to pay off $556. • He’s spoken to Rocket Loan about the $621 debt but doesn’t have a payment plan yet because they’re waiting for his Worker’s Comp claim to finish. • For the charge-off account, he’s paying $100 per month for six months and then they will reassess that once they see where he is with his Worker’s Comp. • He entered a payment plan in November to pay $36 monthly to pay the $180 to SYNCB. • He provided proof of his payment history and started two payment plans this month. • He’s been making payments on time. February 13, 2023 8 [The Board accepted Applicant’s Exhibit A, agreements with creditors to make payment plans.] • It’s rare if he misses a payment. • He started getting treatment in August and saw a specialist in October who restricted his work. • He lives in Port St. Lucie. • This license ends on July 1, 2023. Board Member Lantz made a motion to grant a probationary license until July 1, 2023. Supervisor Crotts recommended that he also provide proof within 90 days to show he’s current on his payment plans. If not, he must appear before the CLB. Board Member Lantz amended his motion to include staff’s recommendation. Board Member White seconded the motion. A discussion ensued and the following points were made: • If he doesn’t show up, he’d still be on probation. • If he fails to appear, his license will be suspended. • After July 1, the license would disappear, and probation and requirement would go away. • There has been nothing in this legislative session to show any changes will be forthcoming. • The requirement for a license will go away in July. • The Board doesn’t have the ability to regulate it further. • Probation can go through June 30. • This work doesn’t require a permit. • Mr. Torres does garage floors and decorative coatings. • Mr. Torres is fine with having to provide proof he’s current with his payment plans within 90 days. • Mr. Torres said he didn’t. Board Member Lantz made a motion to approve Enrique Torres’ Epoxy Stone Contractor’s License and to place it on probation until June 30; he must provide proof within 90 days to show he’s current on his payment plans. If not, he must appear before the CLB. If he fails to appear, his license will be suspended. Second by Board Member White. The motion passed, 3- 2; Board Members Joslin and Jerulle were opposed. E. David Mateo – Mat Pro Services Inc. Paving Blocks Contractor – Review of Experience and Credit Acting Chairman Jaron called Mr. Mateo to the podium, and he was sworn in. Supervisor Crotts reported that Mr. Mateo has submitted an application for the issuance of a Paving Block Contractor License, which requires 24 months of experience and a minimum credit score of 660. Under Collier County Ordinance 2006-46, Section 2.3.9, Mr. Mateo was required to February 13, 2023 9 submit a personal and business credit report. His personal credit report was reviewed and appears not to meet the financial responsibility as set forth in Section 2.5.1, Subsection D, “The applicant or qualifier meets the requirement for financial responsibility as set forth in Rule 61G4- 15.006 from the state of Florida. A review of the personal credit report submitted by Mr. Mateo shows the following areas of concern: • A score of 642 • Unpaid collections of $646 from the Law Offices of JMCC, dated 01/2023. • Unpaid collections of $8,616 from LVNV Funding dated 12/2022. • Unpaid collections of $585 from LVNV Funding dated 12/2022. • Unpaid collections of $9,237 from NMAC dated 12/2022. • The total of collections due totals $19,084. As part of the application process for the issuance of this license, Mr. Mateo was required to submit documentation showing his experience. As part of the staff-review process, Mr. Mateo submitted a Verification of Experience from former employers outlining his experience: • Freshwater Construction, a state-certified building contractor. Mr. Matteo worked for this company from October 2020 to June 2022, a total of 20 months. The company president said Mr. Mateo’s experience involved small driveway extensions, some patios and decks. He has not built any full driveways or sidewalks and his work has only been in the Collier County community of Silver Lakes RV Resort. Based upon the information received, it is staff’s opinion that Mr. Mateo does not meet the minimum requirements as set forth in Ordinance 2006-46, as it relates to financial responsibility, and does not meet the experience required under Section 1.6.3.29. for a Paving Block Contractor. Because Mr. Mateo does not meet the required minimum credit score as required by ordinance and qualification is needed for the issuance of a Paving Block License, Mr. Mateo is being referred to the Board under Section 2.5.2, Referral of the Application to the Contractors’ Board for a Decision. Mr. Mateo is here today to answer your questions. Acting Chairman Jaron asked Mr. Mateo to provide more background information on his credit and experience. Mr. Mateo told the Board: • His credit involves a repossessed car, a credit card, and a bank credit line. • All those accounts are closed, and it’s been more than seven years. • The $646 is from an apartment that he once had in Tennessee. He called about the charge; they didn’t have an answer. They’d sent it to a collection’s agency, so he wasn’t certain if he should pay it. • He worked with Mr. Freshwater for a long period and has known him since he was 6 years old. • He began working with his father from middle school through high school after school and during summer breaks. • They did a handful of driveways and that’s how he gained most of his experience to go February 13, 2023 10 work with Mr. Freshwater. During questioning by the Board, the following points were made: • He has the option of disputing his debts. He doesn’t know why they’re still on his credit report because they’re all closed accounts. • The repossessed car account is closed, and he received a letter about it. He wasn’t certain whether he should dispute it. • He thought he could ignore closed accounts because it’s been seven years. • He wants to be financially stable, so he’d prefer to dispute debts. • If he has to pay his debts, he will. That’s what he hopes to do by getting a license. • He got into trouble when he was younger, after getting out of the military, jumping between jobs and having kids. That resulted in car, medical and other bills. • His car was repossessed in March 2015. • This license is going away on July 1, 2023. • This license requires a permit if driveways are constructed in the right-of-way or on Marco Island, even if you’re not in the right-of-way. • The permit would require a license, or a homeowner could pull a permit and hire Mr. Mateo to do the work. • He can look into a plan to pay off his debts. • He needs the license to have the income to enter payment plans. • He’d be willing to honor payment plans if the Board gave him the license. • He has done work on rights-of-way, but he was an employee at the time. • He has at least four months of experience after school and during summer breaks. • He should hire a lawyer to help with his credit and payment agreements. Board Member Joslin advised him that he needs a Workman’s Compensation policy to hire employees. Board Member White made a motion to approve a probationary Paving Blocks Contractor License and to require David Mateo to provide evidence within 60 days to prove to staff that he’s working on agreements with creditors. If staff believes he is, probation will end July 1, 2023. If not, he would be required to appear before the CLB. Second by Board Member Lantz. The motion passed, 4-1; Board Member Jerulle opposed. Board Member Jerulle explained that he opposed the motion because it could put Mr. Mateo in a bad position because it could take 60 days to get a permit in this county. F. Alfredo Villavicencio – Golden Gate Drywall Inc. Painting Contractor – Review of Experience. Acting Chairman Jaron called Mr. Villavicencio to the podium, and he was sworn in. Supervisor Crotts reported that Mr. Villavicencio has submitted an application for the issuance of a Local Painting Contractor’s License, which requires 24 months of experience. As part of the staff-review process, Mr. Villavicencio has submitted a letter outlining his experience but has not supplied staff with any Verification of Experience from any present or past employers. February 13, 2023 11 A phone interview was conducted with Mr. Villavicencio regarding his application and experience. He’s been a Collier County licensed Drywall Contractor since 2007. Mr. Villavicencio stated that when he is working as a subcontractor for a homeowner, he is often asked to prime and paint the drywall work. From the information received from Mr. Villavicencio, staff cannot verify he has the experience required to paint interior or exterior homes or commercial buildings, which is allowed under this license. It is staff’s opinion that Mr. Villavicencio does not meet the experience required under Ordinance 2006-46, Section 1.6.3.30, as it relates to the trade of Painting Contractor. Mr. Villavicencio has been referred to the Board under Section 2.5.2, Referral of the Application to the Contractors’ Licensing Board for a Decision. Acting Chairman Jaron asked him to provide more background on his work history and experience. Mr. Villavicencio described his experience for the Board: • He began working in the maintenance department of a hotel in 1994. He worked as a painter/helper. • Then he worked for BCB in 1996, Enterprise Drywall & Painting, and the vice president hired him. His supervisor was Charlie. They worked on the Bonita Bay development. • Later, he worked for the drywall department of Enterprise Drywall & Painting because he made more money there doing touchup jobs. • In 2002, he decided to get his Drywall License because he made more money doing drywall. • He worked for many contractors who asked him to prime and check all the walls before they painted. Because he had experience with door casings and doors, he offered to do that, as well. • He wants to advertise his business as drywall and painting, so he decided to take the painting license test. A discussion ensued between the applicant and Board and the following points were made: • He wants to do residential work, not commercial. • He doesn’t have experience doing exterior painting, although he knows how to do it and would like to do that. • He’d pressure wash the house first, fix cracks by using caulk and go around windows and doors, then pressure wash and paint using satin because it’s stronger in the rain and sun. • This license goes away on July 1, 2023. • He wants to do interior work, priming, painting and drywall. • He would be OK with a restricted license until July. Board Member Jerulle made a motion to approve a license restricted to interior residential painting. Board Member White seconded it. February 13, 2023 12 Board Member Lantz clarified that if he works on a condo, he wouldn’t be able to do that because it’s commercial work. Mr. Villavicencio said he mostly works directly with owners. Board Member White noted that the restriction would be for interiors, single-family homes and duplexes and no multi-family dwellings because that’s commercial. Mr. Villavicencio asked if he could paint condos on Gulfshore Boulevard. Board Member Jerulle said he could not and advised him that the restrictions would be lifted in July, when the license requirement goes away. This will give him on-the-job training before restrictions are removed in July. Board Member Jerulle made a motion to grant a Painting Contractor License to Alfredo Villavicencio that is restricted to residential interiors of single-family homes and duplexes. Second by Board Member White. The motion passed unanimously, 5-0. [The Board took a break from 10:20 a.m. to 10:35 a.m.] 9. OLD BUSINESS: A. Yoslandi Martinez – Terra Nova Landscape Inc. Landscaping Restricted Contractor – Review of Probation (credit) Supervisor Crotts reported that Mr. Martinez originally appeared before the Contractors’ Licensing Board on January 19, 2022, to answer questions regarding his credit. The original credit score was 660, however, there was $25,788.00 in collections and $2,820 in charge-offs. A credit report dated February 18, 2022, showed an average credit score from two reporting agencies of 530 and 543. A credit report dated July 14, 2022, showed an average credit score of 561 from three reporting agencies. A current report, dated July 28, 2022, showed a credit score of 650 with the following areas of concerns: • A $2,145 collection dated July 2022. • A $10,156 charge-off dated. February 2022. • A $3,744 charge-off as of May 2021. • Total: $16,054 Mr. Martinez appeared before the Contractors’ Licensing Board on August 17, 2022, for a credit review. As a result, he was placed on an additional six months of probation and required to provide proof significant enough to the Contractors’ Licensing Board supervisor that his credit score had improved to 660 or above and provide proof of payment plans in place showing satisfaction of the amounts owed, $2,145 and $3,744. A copy of this order is in your agenda packet. Mr. Martinez submitted an updated credit report dated February 1, 2023, to staff that shows a score of 604, which is down from the credit score of 650 submitted on July 28, 2022. The February credit report also shows the following areas of concern: • A $10,100 charge-off from Grow FN FCU dated 1/2023. • A charge-off balance of $165 from Sheffield dated 10/23, an amount that is down from the February 13, 2023 13 previous amount of $3,744 owed. It is staff’s opinion that Mr. Martinez has not provided a credit score improvement and his required credit score charge-off improvements are insufficient. Mr. Martinez is here to answer questions about his credit and so the Board can take further action, if required. Acting Chairman Jaron asked Mr. Martinez to explain his credit in greater detail and specify why it’s going down. Mr. Martinez provided details and answered questions posed by the Board: • It seems like the more he pays, the lower his credit score goes. • He just made arrangements with Sheffield to pay the final balance. • He received a letter saying he was a co-signer on the car, so he’s trying to dispute that because it was a contract for his ex-wife’s car, which was repo’d because she never paid it. He was taken to court for that and has a letter to prove he doesn’t have financial responsibility for that. • All his accounts are at a $0 balance, so he doesn’t understand why that’s not showing up on his credit report. Acting Chairman Jaron asked for the letter. Supervisor Crotts said he didn’t have a copy of that letter. [Mr. Martinez provided the letter to Attorney Noell, who provided it to Supervisor Crotts. It was then given to the Board.] Board Member White made a motion to accept the letter into evidence as Applicant’s Composite Exhibit No. 1. Second by Board Member Lantz. The motion passed unanimously, 5-0. The letter was accepted into evidence. [The Board took time to read the exhibit.] Mr. Martinez noted that he provided that March 9, 2022, letter to the Board at the last hearing. Attorney Kerins said the letter may not have been put into evidence at that hearing, but it’s on page 258 of the agenda packet. Mr. Martinez noted that the charge-off is still listed and the only thing he has remaining to pay off is the Sheffield debt. He’s working to remove the charge-offs. A discussion ensued between the applicant and Board and the following points were made: • He just paid off the $1,497 on Friday to get that done with. He’d been making smaller $100 monthly payments before that. • Judge Martin dissolved the writ of garnishment involving his ex-wife’s car and directed them to release any funds that were garnished (no money had been garnished from his accounts). The order is: 11-2020-CC-001202-0001-XX. • He admitted making a mistake by co-signing for his former wife’s car while they were married. He plans to contact the credit agencies to tell them about the court order. February 13, 2023 14 • He has nothing to do with Casey Marble & Tile in that case. • He said the divorce required her to pay for the car. • His ex-wife filed a motion in January 2022 to exempt her from any garnishments, which resulted in Judge Martin’s order in March 2022. The order doesn’t identify which defendants were released. • Board Member White recommended that Mr. Martinez provide the Board with terms of his divorce settlement to show if he has any financial responsibility for that debt. • Supervisor Crotts recommended that probation be continued until July, and on July 1, 2023, the license requirement will go away. • The longest an applicant can be on probation is two years. • Mr. Martinez provided a document showing his largest debt had been paid in full. • He’d been making payments monthly and then paid it off. • Supervisor Crotts said two documents he provided were new to staff. Board Member Lantz made a motion to accept the staff recommendation to continue his probation until July. Board Member Jerulle asked if there were conditions. Board Member Lantz said none, regardless of his credit score. Board Member Jerulle didn’t like that, noting that he didn’t qualify under the statute. He wanted ramifications in case his score got worse. A discussion ensued over the motion, credit score and status of his payments. Supervisor Crotts amended his recommendation, saying Mr. Martinez should be placed on probation for 12 months and required him to provide staff with documentation to resolve their questions within 90 days. If he provides that, no further CLB action is required. If he can’t satisfy staff’s questions, he must come back before the Board. Board Member Lantz made a motion to accept staff’s recommendation to place Mr. Martinez on probation for 12 months and require him to provide staff with documentation to resolve their questions within 90 days. If he provides that, no further CLB action is needed. If he can’t satisfy their questions, he must come back before the Board. If the license goes away on July 1, 2023, no further action is required by the Board. Second by Board Member White. The motion passed unanimously, 5-0. Board Member White advised staff to require Mr. Martinez to provide the terms of his divorce settlement, which could resolve some of their questions. Supervisor Crotts said he would require Mr. Martinez to provide that. 10. PUBLIC HEARINGS: A. 2023-02 – Ralph Novella, dba Novella Limited Inc. (CEMIS20220006054) Acting Chairman Jaron called Mr. Novella to the podium and he, his attorney, Robert Cooper, and Investigator Governale were sworn in. Investigator Governale said a copy of the case packet and complaint was presented, signed and February 13, 2023 15 dated by the respondent. He asked to submit the Preamble and Case Packet for 2023-02 into evidence. Board Member Lantz made a motion to open the public hearing for 2023-02 and to accept the Preamble and Case Packet into evidence. Second by Board Member Joslin. The motion passed unanimously, 5-0. The public hearing was opened, and the Preamble and Case Packet were entered into evidence. Investigator Governale gave an opening statement: The respondent, Ralph Novella, a state certified Building Contractor, License No. CBC 1253221 with Collier County issuance No. 201300000539 is the qualifier for, and owner of Novella Limited Inc. Mr. Novella contracted and received payment for a kitchen and bathroom remodel at 2215 Arielle Dr., Unit No. 1206, Naples. It has been one year and three months since the contract’s final payment and the respondent, Ralph Novella, has failed his obligation as a contractor and caused a building code violation, commencing work without an issued permit. After numerous phone calls, emails and direction, a permit has still not been issued. Chief Building Official Fred Clum reviewed the ongoing case and determined the respondent has willfully neglected his duty as a contractor to obtain an issued permit for the remodel project, which was already completed prior to receiving a complaint to investigate. Mr. Novella is in violation of Collier County Code of Laws and Ordinances, Section 22-201.1(2), which states, in pertinent part, that willfully violating the applicable building codes or laws in the state, county, city or Collier County shall constitute misconduct and grounds for discipline. Board Member White asked if the failure to obtain the building permit was a failure to obtain the permit under the Florida Building Code 105.1. Investigator Governale said that was correct. Attorney Cooper introduced himself and said his client, Mr. Novella, provided the CLB with a rebuttal package and he’d like to enter it into evidence as Composite Exhibit B. Board Member Lantz made a motion to admit the rebuttal package into evidence as Composite Exhibit B. Second by Board Member Joslin. The motion passed unanimously, 5-0. Board Member White asked Attorney Cooper to proffer what the rebuttal package pertains to. Attorney Cooper said they have been speaking with county staff and they are not disputing that Mr. Novella did work without a permit. Mr. Novella has been working to secure the permit. Contrary to the indication of “intentional failure,” it hasn’t been ignored. Mr. Novella has been working with the designer and the architect hired by the owner and officially secured that Sunday night with a revision to that compliance document, which was emailed to him today. That was the last of the items necessary to resolve securing the permit for the project. We should get the permit any day now and once we have that, we have a private provider to do the inspection. The proffer is to mitigate the case. February 13, 2023 16 A discussion ensued about the proffer. Board Member Jerulle said he felt blindsided by the rebuttal package, which wasn’t in their agenda packet. Attorney Kerins said it was received by the county in time, but the agenda had already been printed. Attorney Cooper said it was timely submitted and timely received by the county. Board Member Jerulle said he hadn’t had time to review it. A discussion ensued over the proffer and admitting it before considering it. Board Member White made a motion to admit the proffer. The motion passed, 4-1; Board Member Jerulle opposed. Board Member White asked for a few minutes to review the proffer to determine if there were mitigating circumstances and if there was an admission of guilt and an anticipated resolution. [The Board took time to review the rebuttal package.] Board Member White told the respondent and his attorney that the Board likes to be well informed. He asked if staff had any response to what was submitted. A discussion ensued over the rebuttal package and the following points were made: • Staff tries to get the information to the Board within seven days before the hearing so the Board has ample time to review the packet. • This was received after the agenda packet was sent to the Board. • Attorney Noell and Supervisor Crotts have discussed what to do in the future for similar situations and will email such information as part of a one-way communication. • There are mitigating circumstances and an admission of guilt and that it’s willful. Board Member White made a motion to find Ralph Novella guilty of working without a permit. Board Member Joslin seconded it. Board Member White noted that guilt means willful. Attorney Noell asked Attorney Cooper if he was OK with that motion. Attorney Cooper said he was. Board Member White noted that the remainder of the hearing would consider the mitigating circumstances and penalties. Attorney Cooper said he preferred to have a discussion about the resolution before the finding of guilt. Board Member White said he wasn’t certain how they could do that. Attorney Noell said this will be more like a settlement conference. Mr. Crotts and Mr. Cooper have discussed this, and Mr. Crotts could detail that. Supervisor Crotts said he spoke to Mr. Cooper and Mr. Novella showed them that he’d applied February 13, 2023 17 for the permit. Some corrections are being addressed. The county recommends giving Mr. Novella 90 days to complete this permit, [correct non-expired permit number is: PRMFH2023- 010115401], including the completion of the certificate being issued. If the permit is completed as required, Mr. Novella will not be required to appear back in front of the Board and no further action will be required. But if a permit is not completed within 90 days, Mr. Novella will be required to appear before the Contractors’ Licensing Board to provide an explanation and further action, as deemed necessary, by the Board. A discussion ensued and the following points were made: • If there’s not a willingness to find him guilty, why not table this for 90 days? • The recommendation involves him admitting guilt. • The reason staff is asking for a guilty plea is that it will be a Board violation if he doesn’t comply. • The permit numbers don’t match because a new permit was issued after the first expired. • The permit wasn’t issued partly due to delays involving Hurricane Ian, which destroyed Mr. Novella’s home. • Working without a permit wasn’t intentional, but he did start work before receiving the permit. • Everything was delayed due to the hurricane. • When he got back on his feet, he immediately started working on getting a permit. • An architect and designer were hired by the homeowner, and they’ve been working on corrections to the drawings. • Everything was emailed to Attorney Cooper on Sunday night and a corrective copy was sent Monday morning. • The willfulness comes about because once Mr. Novella was notified about failure to get a permit and staff believed he ignored that. Mr. Novella did not ignore it. He did make his filing. The hurricane prevented travel and communications. • Attorney Cooper said “the failure to respond” being considered willful is inaccurate. He agrees he did not pull a permit. There was a reason he didn’t receive the repeated county emails, the hurricane. • Attorney Cooper agreed it should be tabled for 90 days. • Chief Building Official Fred Clum is out sick today so the Board can’t get clarification on the willfulness. • They should table this for a month until Mr. Clum can testify. • Absent that testimony, there may not be an admission of guilt. Board Member White withdrew his second motion to table it. He wants to consider whether he’s guilty. A discussion ensued over how to handle the matter. Attorney Noell advised the Board that Attorney Cooper hasn’t waived the right to have a hearing. Due process requires the Board to go through the hearing so Mr. Novella can confront witnesses against him. If everyone agrees to the settlement agreement, they can make a motion to come back February 13, 2023 18 in 90 days. If the Board doesn’t accept the settlement agreement, they need to confirm with Mr. Cooper whether his client is waiving his settlement rights. Board Member White noted that they’d considered settlement agreements before and questioned why it wasn’t presented that way earlier to save time. Attorney Cooper said he thought that was what was going to occur. Board Member White asked what the settlement proposal was. Supervisor Crotts said it was to give Mr. Novella 90 days to complete the permit, PRMFH2023- 010115401, including a Certificate of Completion being issued. If completed, it will be considered final, and no Board action is required. If it’s not completed, he would be required to come back before the Board. Board Member White withdrew his prior motion and made a motion to accept the county recommendation. Board Member Joslin withdrew his prior second and amended it. A discussion ensued and the following points were made: • Board Member Jerulle objected to no finding of guilt for working without a permit. • 90 days from this date, the permit should be issued and completed. • The Board should make a finding of guilt and then accept the staff recommendation. • There is a finding of guilt within the motion. Attorney Cooper agreed to waive his right to the hearing. Board Member White made a motion to give Mr. Novella 90 days to complete permit No. PRMFH2023010115401, including a Certificate of Completion being issued. If completed, it will be considered final, and no Board action is required. If not completed, Mr. Novella will be required to appear before the Board for explanation and further action if deemed necessary. Second by Board Member Joslin. The motion passed, 4-1; Board Member Jerulle opposed. Attorney Noell advised the acting chairman to read into the record that a settlement agreement was reached, and a finding of guilt was agreed to and voted on and approved by the Board, which is giving the respondent 90 days to close out the permit. If he fails due to so, he’ll come back before the Board for further action. Acting Chairman Jaron detailed the settlement agreement: • Let it be noted that a settlement agreement was reached. • The respondent has 90 days to close out the permit. • If he fails due to so, he’ll come back before the Board for further action. • A finding of guilt was agreed to, voted on and approved by the Board, 4-1. This concludes the order of the Board in this matter. B. 2023-03 – Paul C. Lambert, dba Storm Shield LLC, dba Storm Shield Windows & Doors (CEMIS20220009746) February 13, 2023 19 Acting Chairman Jaron called Mr. Lambert to the podium and he and Investigator Governale were sworn in. Investigator Governale said a copy of the Preamble and Case Packet was presented, signed, initialed, and dated by the respondent. He asked to submit the Preamble and Case Packet for 2023- 03 into evidence. Board Member Lantz made a motion to open the public hearing for 2023-03 and enter the Preamble and Case Packet. Second by Board Member White. The motion passed unanimously, 5-0. The public hearing was opened. Investigator Governale gave an opening statement: The respondent, Paul Lambert, a state-certified General Contractor, License No. CGCA60475, with Collier County Issuance No. 2013-00001241, is the qualifier for Storm Shield LLC dba Storm Shield Windows & Doors. Storm Shield contracted and received payment to replace all exterior windows and an exterior front door at 2435 Game Hawk Court, No. 1504. It has been one year and eight months since the last payment and the respondent, Paul C. Lambert, has failed his obligation as a contractor and caused a building code violation, an expired permit. After phone calls, emails and direction, the permit remains expired. Chief Building Official Fred Clum reviewed the ongoing case and agreed the respondent willfully failed to correct the code violation, which constituted a willful code violation. Mr. Lambert is in violation of Collier County Code of Laws and Ordinances, Section 22-201.1 (2), which states, in pertinent part, that willfully violating the applicable building codes and laws of the state, city or Collier County shall constitute misconduct and grounds for discipline. Board Member White noted that the prior hearing involved a determination by the Chief Building Official that there was a willful failure to correct a code violation. The respondent failed to get a permit in a timely manner. Investigator Governale said correct, the willful nature involves the failure to take corrective action in a timely manner. Mr. Lambert provided an opening statement: He’s been a certified contractor in Florida since he was 19 years old, right out of high school, and he’s never been in front of a board before or had a complaint against his license until about 1½ years ago. Storm Shield is a good company. For many years, we did a lot of good, a lot of window and door replacements up and down the west coast. In the past 1½ years, things started going badly and he’s been in touch with Keith, the owner of the business. He assured him these complaints were getting taken care of, so he took him at his word. He said he was having supply issues and he could see that was happening everywhere. Everybody was having trouble getting supplies. Storm Shield filed for bankruptcy in mid-December, so his hands are tied now and he can’t help anybody. During questioning by the Board, the following points were made: • He’s not the owner of the company and is a W-2 employee, but the company used his license; he was the qualifier. February 13, 2023 20 • He has no check-writing abilities for the company. • Bankruptcy was filed on December 19, 2022. • He was placed in the position of working for a company and allowed them to use his license, but he had no control over the business. • He’s been the qualifier for 10 years and it was only in the past 1½ years that it all started falling apart. • Keith, the owner, said he had trouble getting windows for six months and that employees were leaving. • He had a meeting with the owner to determine what to do. • He was able to meet with the bookkeeper and review financial statements. Mr. Lambert admitted he was guilty of the charges. Board Member White asked if he was OK if they found a violation and an admission of guilt. Mr. Lambert said that was fine. Board Member White made a motion to find Paul C. Lambert guilty of a willful code violation, an expired permit. Second by Board Member Jerulle. The motion passed unanimously, 5-0. Attorney Noell said Mr. Lambert is a state-licensed contractor, so the sanctions would be limited to actions against permit-pulling privileges, such as revocation, suspension or putting limitations on permit-pulling privileges. Board Member Joslin asked if he planned on doing more work. Mr. Lambert wasn’t certain if he wants to continue to work as a contractor. Acting Chairman Jaron asked Mr. Crotts for his recommendation. Supervisor Crotts provided background and detailed his recommendation: • Storm Shield currently has one abandoned permit; one void permit; 28 expired permits; 11 where inspections have commenced and are set to expire in the next 30 days; two inspections completed; and 27 permits that were issued. • Based upon this information, the county recommends that the respondent’s permit-pulling privileges be revoked indefinitely in Collier County, City of Naples, City of Marco Island and the City of Everglades. • A public reprimand should be issued, and the following agencies should be informed about today’s actions: the state DBPR, the building departments in Lee County, Hendry County, Monroe County, Broward County, Miami-Dade County and Palm Beach County. • Mr. Lambert should be allowed to petition the Contractors’ Licensing Board for reinstatement of his permit-pulling privileges at a later date should he wish to become a qualifier of another company. Board Member Lantz asked if it was Mr. Lambert’s, not Storm Shield’s permit-pulling privileges that were being revoked. Supervisor Crotts said Mr. Lambert is the qualifier for Storm Shield, but if there was another company he worked for, he would be allowed to come in and explain to the Board how he won’t allow this to occur a second time. February 13, 2023 21 Board Member White asked when the original license was issued. Mr. Lambert noted that he qualified the business in 2013, but he’d been a state-licensed General Contractor since 1998. It’s a state-certified license. Board Member White told him that if he’d come before the CLB for licensing, they would not have allowed him to be the qualifier unless he had 50% ownership and check-writing privileges. That way, consumers who relied upon his management and license wouldn’t have been put in jeopardy. A discussion ensued over the county’s recommendation. Mr. Lambert said he was fine with the recommendation. Board Member White made a motion to close the hearing. Second by Board Member Jerulle. The motion passed unanimously, 5-0. Supervisor Crotts outlined his recommendation again and noted that Mr. Lambert’s customers will be required to hire another contractor and could pursue Mr. Lambert in civil court. Board Member White made a motion to accept the county’s recommendations to indefinitely revoke permit-pulling privileges for Paul C. Lambert in Collier County, the City of Naples, City of Marco Island and the City of Everglades; to issue a public reprimand; and alert the following agencies about today’s actions: the state DBPR, the building departments in Lee County, Hendry County, Monroe County, Broward County, Miami-Dade County and Palm Beach County; and to require Mr. Lambert to petition the Contractors’ Licensing Board for reinstatement of his permit-pulling privileges at a later date should he wish to qualify a different company. Second by Board Member Jerulle. The motion passed unanimously, 5-0. Acting Chairman Jaron said that by a vote of 5-0, the Respondent is found guilty of the violation set forth in Count 1 of the Administrative Complaint and the Board imposes the following sanctions against the respondent: • The permit-pulling privileges for Paul C. Lambert will be revoked permanently in Collier County, the City of Naples, Marco Island and Everglades City. • The respondent will be issued a public reprimand and this reprimand and findings will be sent to DBPR, Lee County, Hendry County, Monroe County, Broward County, Miami- Dade County and Palm Beach County. • The respondent will be required to petition this Board if he wants to reinstate his permit- pulling privileges and qualify another company. This concludes the order of the Board in this matter. Acting Chairman Jaron told Mr. Lambert he’s in a bad situation. Board Member Jerulle said he put himself in that position when he lent his license to Storm Shield and didn’t have control over that license. That put you in that position. He feels for him because he’s been a contractor for a long time. February 13,2023 Mr. Lambert told the Board that the company owner is a good friend and unfortunately, his business went bad. Board Member Jerulle advised him that if he wanted to get his license back to ensure that he has control over his license. 11. W Monday, March 13,2023 Commissioners' Chambers, Third Floor, Administrative Building F, Collier County Government Center, 3299 E. Tamiami Trail, Naples, FL Board Member White said he will not be available for the March meeting, and he also has scheduled conflicts and will be absent in May and June. He anticipates being unable to attend meetings unless they are scheduled on Mondays. He's tendering his resignation due to family and personal obligations and will be absent most of the year. He also plans to tell that to the City of Naples, where he's the consumer advocate and representative. Thanks for the opportunity to be of service. A discussion ensued over the year's meeting dates. Board Member Jerulle said he'll be missed on the Board. He was an asset. Board Member White said he prefers not to spend winters in western New York, but his kids go to high school there, so he has to be there for the next four years. Board Member Lantz made a motion to adjourn. Second by Board Member Jerulle. The motion passed unanimously, 5 -0. There being no further business for the good of the County, the meeting was adjourned at 12:14 p.m. Collier ' Licensing Board Acting Chairman These minutes teere approved by the Acting Chairman or Vice-Chairman of the Contractors' Licensing Board on (check one) as sut*iued /3-\3-J3 22 or as amended _.