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CLB Minutes 12/20/2023 Draft December 20, 2023 1 MINUTES OF THE COLLIER COUNTY CONTRACTOR LICENSING BOARD MEETING December 20, 2023 Naples, Florida LET IT BE REMEMBERED that the Collier County Contractor Licensing Board, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Administration Building F, 3rd Floor, Collier County Government Center, Naples, Florida. MEMBERS: Todd Allen, Chairman Stephen Jaron, Vice Chairman Robert Meister Terry Jerulle Matthew Nolton Kyle Lantz Richard Joslin Elle Hunt, approved absence ALSO PRESENT: Timothy Crotts, Code Enforcement Manager Ronald Tomasko, Esq., Assistant Collier County Attorney Patrick Neale, Contractor Licensing Board Attorney Sandra Delgado, Licensing Operations Supervisor Any person who decides to appeal this decision of the 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. December 20, 2023 2 1. Roll Call Quorum established. Elle Hunt, approved absence. 2. Additions or Deletions  Timothy Crotts: One addition to Discussion, Item B, and that will be the introduction of Nicholas Pasquarello, a new Licensing Compliance Investigator. 3. Approval of Agenda  Richard Joslin: Motion to approve agenda.  Kyle Lantz: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 4. Approval of Minutes  Kyle Lantz: Motion to approve the October 18 minutes.  Richard Joslin: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 5. Public Comments 6. Discussion 6A. Election of Chairman and Vice Chairman 2024 Term  Timothy Crotts: Election of Chairman and Vice Chairman to take effect at the January meeting of the CLB. Motions for the election of Chairman?  Matthew Nolton: Motion to elect Stephen Jaron.  Kyle Lantz: Seconded. All in favor – aye. (Carried unanimously, 7-0.)  Kyle Lantz: I nominate Terry Jerulle for Vice Chair.  Todd Allen: Seconded. All in favor – aye. (Carried unanimously, 6-1.) 6B. Introduction of Nicholas Pasquarello I have been in Naples for the last 8.5 years. Come by way of the Port Authority Police Department up north and retired as Detective Supervisor. 7. Reports 8. New Business 8A. Orders of the Board (14 items)  Richard Joslin: Motion that the Chairman signs the orders of the Board.  Terry Jerulle: Seconded All in favor – aye. (Carried unanimously, 7-0.) 8B. DONALD R. GREEN – REVIEW OF EXPERIENCE; GENERAL CONTRACTOR; DRG PAINTING, LLC December 20, 2023 3  Donald R. Green: Sworn testimony given.  Timothy Crotts: Mr. Green has applied for an application to be a general contractor, which requires 48 months’ experience. With the application that was submitted as part of the interview process, Mr. Green submitted verification of experience which confirmed his experience as a contractor. Mr. Green also holds a valid general contractor registration from the City of Columbus, OH. A call to the licensing authority in Columbus confirmed that Mr. Green is allowed to build residential and commercial buildings with limitations with regard to electrical, plumbing, HVAC, roofs, etc. A phone call interview conducted with Mr. Green regarding his application and experience, and he has been in the construction trade for seven years. He confirmed that his experience in building homes and commercial buildings in Florida and the unique issues associated with building homes in Florida has been limited to paint and drywall. Based upon the information received it is the opinion of Staff that Mr. Green's experience should be reviewed by the Board to see if he possesses the required skills to build such structures with the unique issues associated with building the Southwest Section of Florida as allowed by Ordinance 20646, Section 1.6.1.1 as it relates to the trade of general contractor. Mr. Green is being referred to the Board on Section 2.5.2 referral of the application to the Contractor Licensing Board for decision and Mr. Green is here today to answer your questions.  Mr. Green: I did several builds in Ohio. When I came down here it was for a painting license. I have been here six years and am looking to remodel condos and homes. I have built two homes from the ground up, re-done several daycare centers, and have built decks. I have a contractor that does my block work. All I know is construction.  Terry Jerulle: The County says that you're not qualified. This is like an appeal, so to speak, that you get to come in front of the Board and it is incumbent upon you to try and convince us that you have a license. I am a general contractor and have very good subcontractors, but they don't know half the stuff I know. And in other areas, they know twice as much as I know.  Mr. Green: I have built several houses from the ground up; remodeled several; passed the State test. I don’t have any other further education. I built the homes from the ground up; someone else did the foundation. They were single family stick homes.  Terry Jerulle: Do you know anything about deep foundation systems.  Mr. Green: No, I don’t know specifics, but we have a set of plans we follow to a T. My subs know more about that than I do. I am more of a manager, quality control, lining things up.  Matthew Nolton: You don't have the experience. There's a myriad of things that you won't know about. Do you know about a flat roof versus a metal roof? As a general contractor, you must have that knowledge. You cannot rely on your subs because they may say they know what they're doing, and they don’t. You must be the quarterback. There is another license though, a residential contractor license, that would allow you to do single family homes, which seems like maybe you have more experience doing that, but I don't see you convincing us for this license.  Mr. Green: You guys endorsed me to take the state test. If there was an issue, I feel I should have been told. Now you say I don’t have the experience when Collier County signed off on me to take the test. December 20, 2023 4  Todd Allen: That’s part of the application process to go through. And just because you are authorized to take the test doesn’t mean you have the experience. Do you want to reconsider your application for the residential contractor license that will allow you to do this for single family homes or do you want us to vote on the general contractor application?  Terry Jerulle: If you want to take the state test, you won’t need to come in front of us. If you take and pass the state test and they investigate and you qualify, you don’t come before us. Also, we do not work for the County. We are volunteers of the Board trying to help you.  Timothy Crotts: I think clarification needs to be made with Mr. Green. You apply with Collier County to get the license. If you get the license, you can use that license as evidence of having a license when you go to the State. If you get the Collier County residential license today, or not, it would only be used in Collier County, not the State of Florida.  Todd Allen: Mr. Crotts, if Mr. Green changes to a residential license, would he need to come back before us?  Mr. Crotts: My recommendation is if Mr. Green withdraws his application for general contractor, the Board could today approve the application for a residential contractor and then we would do the paperwork. The Board could pre-approve it today for the residential application.  Todd Allen: After a few years of foundation and block experience, working with a general contractor and gaining that experience will make it easier for us to go back and give you a general contractor license after you qualify and demonstrate the experience.  Todd Allen: Makes a motion to approve for a residential contractor license with a 12 month probationary period.  Kyle Lantz: Seconded:  All in favor – aye. (Disunited vote 6-1: Terry Jerulle - nay) 8C. ROBERTO TAMAYO – REVIEW OF EXPERIENCE AND CREDIT; RESIDENTIAL CONTRACTOR; HIGH END SOLUTIONS SERVICES LLC  Roberto Tamayo: Sworn testimony given.  Kyle Lantz: Disclosure that Mr. Lantz has done work with Mr. Tamayo.  Timothy Crotts: Mr. Tamayo submitted an application for the issuance of a local residential contractor license, which requires 48 months experience. As part of the application process for the issuance of this residential contractor license, Mr. Tamayo was required to submit documentation showing his experience. As part of the review process by Staff, the following verification of experience documents have been submitted and review shows the following: The Plymouth Road Construction, which is a state certified general contractor. Mr. Tamayo worked from 2018 to 2020, two years, and scope of work consisted of structural framing, trim, interior woodwork, tile, and sheetrock. CTS Framing and Finish Carpentry, which is a carpentry contractor. Mr. Tamayo worked from 2012 to 2015, three years. The scope of work was framing carpentry, finished carpentry, warehouse stocking and inventory. Carter Construction Group LLC, which is a state certified general contractor. Mr. Tamayo worked from 2018 to present. Scope of work consisted of framing interior petitions, trim, carpentry, crown molding and cabinet December 20, 2023 5 installation. Midwest Developers, no longer licensed in the State of Florida. Mr. Tamayo worked from 2018 to present and the scope of work consisted of finish and rough carpentry. With regards to the credit, as part of the application process of the Collier County Ordinance 20646 Section 2.3.9, Mr. Tamayo was required to submit a personal and business credit report. The personal credit report submitted appears to not meet financial responsibility as set forth in Section 2.5.1 Subsection D, the applicant or qualifier meets the requirement of 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. Tamayo shows the following areas of concern: His credit score is currently 587. The minimum required is 660. The credit report shows a collection amount of $10,000 to child support enforcement dated 10/2023, and a collection amount of $356 from LVN Funding Incorporated dated 4/2021, and a past due amount which is current. Based on the information received, it is Staff ’s opinion that Mr. Tamayo does not meet the minimum requirements as set forth in Ordinance 20646 as it relates to experience under Section 1.6.1.3 as a residential contractor. Based on the information received, Mr. Tamayo does not meet the minimum requirement as set forth in Ordinance 20646 as it relates to financial responsibility. Because Mr. Tamayo does not meet the minimum qualifications for the residential contractor and financial responsibility, Mr. Tamayo is being referred to the Board under Section 2.5.2 referral of the application to the Contractor Licensing Board for decision and Mr. Tamayo is here today to answer your questions regarding his experience and credit.  Roberto Tamayo: I have been in the construction business since 2013. That's when I started with CTC Framing Finish. That's where I learned a lot of the structural aspects to the construction, building by building -- bearing walls, structural walls, how to install trusses, then finishing with the plywood. I started off as a framer first. Then I moved up to the carpenter trim -- finishing carpenter. I did that for a few years. I also worked for another company. I didn't put it (on the application) because the company no longer exists. It was Hammer Construction. The owner used to be from Texas and then he left. So that's another two or three years of work framing and doing finish work.  Kyle Lantz: I can verify that he’s a good framer. He can sling trusses, knows how to signal the crane. I did a couple projects at the same site, a condo unit I was working on and he was working on another unit. I would say he is qualified. He knows structural components of multi-family building – they did core drilling, GPR to find all the tendons. As far as experience goes, I’ll add to his verification.  Roberto Tamayo: I do not have pay stubs from Hammer Construction. I can do everything except for HVAC, electrical, plumbing and the roofing. My credit is pretty much because I got divorced and there are certain things that are being used against me and I’m not trying to make excuses for it. I am trying to work on it but it is one of those things that I need a little bit of time to get it taken care of.  Timothy Crotts: Recommendation is that the license be granted and placed on a 12 month probationary period with the following conditions: Within 90 days of the probationary period, Mr. Tamayo pay in full or enter into payment plans with all creditors showing a collection amount. This information would be submitted to Staff within 90 days. Mr. Tamayo would be required to submit to Staff a new credit report at the six month period showing an increased credit score, no additional credit issues and evidence December 20, 2023 6 showing that all payment plans are current and up to date. At the end of the 12 month probationary period, Mr. Tamayo would submit to Staff a credit report showing a credit score of at least 660, no additional credit issues and that all collection amounts be paid in full. Failure to meet these requirements shall require Mr. Tamayo to appear back before the Board for review and possible disciplinary action as deemed necessary by the Board.  Matthew Nolton: I will make that motion.  Kyle Lantz: Seconded.  Terry Jerulle: Explain to me again about the child support.  Roberto Tamayo: I had my kids since we got divorced. About two years ago she came back into the picture – she wanted to share the custody of the kids. We later had an argument, and she put an injunction against me because we were still married at that time. So I wasn’t able to see my children or talk to them. She put me on child support because she wanted the money. That’s where I’m at right now. It takes time and I have to get a lawyer and work something out.  Todd Allen: All in favor?  All in favor – aye. (Disunited vote 6-1: Terry Jerulle – nay) 8D. MITCHELL P. RESNICK – REVIEW OF EXPERIENCE; RESIDENTIAL CONTRACTOR; EXPERT INSTALLATIONS USA, LLC  Mitchell P. Resnick: Sworn testimony given.  Timothy Crotts: Mr. Resnick has submitted an application for the issuance of a local residential contractor license, which requires 48 months' experience. As part of the application process for the issuance of this license, Mr. Resnick was required to submit documentation showing his experience. As part of the review process by Staff, Mr. Resnick submitted the following verification of experience documents and in review these documents showed the following: Employment from Design Plus Improvements LLC in Millstone, New Jersey, Mr. Resnick worked from 2012 to 2023. Scope of the work was installing flooring, framing, sheetrock, cabinets, doors and windows. Mr. Resnick also submitted a current state of New Jersey home improvement contractor license, which is current until March of 2024. A phone call to the licensing authority in the state of New Jersey shows that this license allows for remodeling only and no new home build construction. Based upon the information received it is the Staff opinion that Mr. Resnick does not meet the minimum requirements that's set forth in Order 20646 as it relates to experience under Section 1.1.3 as it relates to residential contractor. Because Mr. Re snick does not meet the qualifications needed for the issuance of a residential contractor license, Mr. Resnick is being referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision, and Mr. Resnick is here today to answer your questions.  Mitchell Resnick: When I was a child, about 12 years old, my father was a mason and took me on dozens of jobs. I learned how to do footings and brickwork. He then got into the flooring business. When he needed a helper, when I was a kid, I would go help him. I learned how to do flooring and mason work. From that he went on to do just about anything in a house to building a house. I was his helper for 20-25 years. From that I opened up a store called Manor Floors and Home Improvements in New Jersey – kitchens, cabinets, bathrooms, anything to do with remodeling. I still have the store. I've had it for many, many years. I wanted to retire and come to Naples eventually. I figured December 20, 2023 7 I'd get into the business here. I've been trying to do that for some time and trying to make that transition. I do have a good business in New Jersey doing the home remodeling under my home improvement license and I can't wait to transition from New Jersey to Naples and continue what I was doing there and doing it here. I have plenty of experience. I have my laptop showing me doing footings, pillars, windows, doors, shingles, cabinets. I built an outdoor kitchen. I just finished remodeling a house doing the steps, the railings, the spindles, and wrought iron. I do refinishing. I do plaster ceilings and coffered ceilings.  Timothy Crotts: One of the items that I would like the Board to consider is, as in the first contractor with building homes here within the state of Florida with the unique situations that arise as far as foundations, stem walls, etc., one of the things that the Board may want to consider is it appears that Mr. Resnick does not have the experience to build new homes, but he may have the experience to remodel homes and maybe the Board would consider a restricted license to remodeling only for residential homes.  Mitchell Resnick: So let me go back to that. Yes, I didn't mention that, but I've done kitchens, baths and additions. I've done additions to houses from the ground up. I'm very good at delegating. I'm very good at hiring the right people, but I am one of those people that need to read all the instructions. I need to know how to do it myself. I was very intrigued on how to get a license here and reading all those manuals and books, knowing a lot of that stuff. But I am a definite hands-on guy. Design Plus in New Jersey is a lot different than here, and I won't do any work here that I've been asked to do, until I get my license. I have too much to lose. So back home when we do additions, it's a lot easier. A lot of people are expanding, so we build from the ground up. Here they are building all new homes. Where I live is a very tight residential area, so I don't build from scratch, but I do submit the plans. I do get my engineer, my architect, and we do add-on to the houses. That's how we do it. That's how I do it back home. I'm really looking to increase my business as well, so I would like to be able to do as much as I can, but I understand where you're coming from and I'm learning Florida is a lot different than New Jersey, and that's one of the reasons I'd like to be here permanently. That's why I'm doing the residential.  Todd Allen: Do you have immediate plans, if you are given this license, are you going to just continue doing remodeling?  Mitchell Resnick: I have been asked to do a few different things. I have some clientele or friends that want me to build for them, but I don't know where this is going to take me to be quite frank. I don't want to say yeah, I'm going to build homes. My main goal is to remodel homes but I'm capable of doing from A-Z, so if somebody would want me to do something for them, I'm that diligent guy to stay to the end. I make sure everything is perfect. That's the way I roll. That's how I am. So I would like to try to have the most opportunity to show what I could do. Showing is everything. I actually have a location, a store with everything in it where people come in and they actually pick out and I help them. I work with some top designers, top decorators and top contractors, and they bring me to another level. Will I build the house for somebody else? I hope I have that opportunity.  Stephen Jaron: When you do an addition in New Jersey, do you need a permit?  Mitchell Resnick: Yes. You have drawings, a license, an engineer. Waterways, yes – Point Pleasant, Sandy wiped out so many houses. I've done up and down Margate, Lavalette, the Point. All those towns require a permit. Everything I do requires a permit. December 20, 2023 8 If you don't put a permit in, you're going to get in a lot of trouble. And it's not worth it for me. No, I do everything by the book and you have to – you are building a foundation, tying into a house. You can't just wing it. It doesn't work like that.  Richard Joslin: The question Mr. Reznick is how many homes in New Jersey have you built from the ground up, new construction homes?  Mitchell Resnick: New construction homes, I did maybe three in the past 10 years. I've subbed out and built them. I personally assisted in the ground up, but no, I did not. I want to get a license to do the residential work. It's taken me years to decide what license to get. So no, I have not built from the ground up, but I have ripped apart, ripped down and rebuilt. With additions, I've done the foundation all the way up.  Timothy Crotts: Staff would recommend that the residential contractor license be granted restricted to remodeling only. No new build, and that this license be put on a 12 month probationary period. It would allow the remodeling of the additions. He could not build an addition because that would be the same as a new build with an addition being put on. If you had to pour a slab, that would be the same as a new build so this will be remodeling only.  Todd Allen: If we include the remodeling limitation and he submits a permit application to do new construction, is the County going to catch it?  Timothy Crotts: That will be flagged because the alert will be put on the license and when it goes into permit intake they will view the alert and see it. And if it does happen, then it will come to us.  Terry Jerulle: What are we saying to all the other people that don't come in front of us that meet all the requirements, have taken the time to pass the test, they have taken the time to work and get the experience, and they bring their license to Mr. Crotts and he reviews it and they meet all the requirements and he gives them a license? And then we have these people that are coming and the County says they do not have the experience and we're trying to help them, which I appreciate. But if he doesn't have the experience, he doesn't have the experience, and now we're trying to fudge the license to make it work.  Matthew Nolton: I think since this discussion has been brought up, it needs to be thought through a little bit. That's the purpose and why these people come before us. You're right, Mr. Jerulle. There are people that are black and white to have the experience, and they don't have to come before us. But this Board is put in place and one of our tasks is there are the people that fall in the gray area that may have the experience. But it just doesn't show black and white on paper, and that's the reason they come before us and that's our task. So it's not just whether the County can give it to them or not, that's not what our job is. To me this gentleman shows he's got a lot of experience and I understand the difference between up north and here is that there's a lot more remodeling and additions going on up north and not new construction going up north because they're already built out and they're so densely populated. I understand the difference of our new construction and the complications of our new construction, but I'm hearing that he's done a lot of foundations, and in some instances doing an addition is a lot tougher than a December 20, 2023 9 new one because you have to be able to create this structure that you're going to attach to an existing structure, that's not going to crack, it's not going to move separately. There are complications to it. We've all renovated projects and we know how hard renovating projects can be. You run into all different aspects that you didn't even know were there until you open it up. For me, I hear that he has the experience. Do I think we should just give him a residential? No, I don't. Do I think that he warrants a limited or even a limited probationary? Yes, I think he does. And I think that's what our job is on this Board.  Mathew Nolton: I'll make the County's recommendation that he is given a limited residential contractor license with a 12-month probation limited to remodeling only.  Timothy Crotts: If he wants to go to full residential, then he would be required to appear back in front of the Board showing that he now has the experience to do a full ground up build with a new house. Hopefully as he has this license here, he'll work with other contractors to be able to get that experience that will bring him to the next level.  Richard Joslin: Motion to deny.  Kyle Lantz: Seconded. All in favor – aye. (Disunited vote 5-2.) 8E. ADMIR SHAQIRI – REVIEW OF EXPERIENCE; RESIDENTIAL CONTRACTOR; ADMIRAL CONSTRUCTION & CO LLC  Admir Shaqiri: Sworn testimony given.  Timothy Crotts: Mr. Shaqiri has submitted the application for the County license of residential contractor, which requires 48 months experience. As part of the review process by Staff, Mr. Shaqiri had submitted verification of experience from the following contractors outlining his experience: Professional Brooklyn Genealogy Services in Brooklyn is a non construction company and he had done work in flooring, cabinets, drywall and plastering; Catholic Charities which is another non construction out of New Yo rk. Details of the work done were flooring, cabinets, drywall and plastering, painting. Jonathan Castillo, which is a homeowner in Brooklyn, NY, work done was fencing, porch awning with columns, wrought iron, front door installation, painting and drywall. Radon Home Improvement, worked with managing concrete foundations, roofing, drywall and flooring and painting. Mr. Shakiri appeared before the Contractor Licensing Board on August 16, 2023, in an attempt to be issued the general contractor license. After a review of the experience, Mr. Shakiri withdrew his application. It was recommended that Mr. Shaqiri work for a Florida contractor to give him the experience required to be a contractor. It should be noted that no information was received by Mr. Shaqiri where he has worked with any contractor within the state of Florida. A copy of the August 16, 2023, minutes has been included in your packet and based upon the information received from Mr. Shaqiri, it is the opinion of Staff that Mr. Shaqiri does not meet the experience required under Ordinance 20646 Section 1.6.1.3 as it relates to the trade of residential contractor. Mr. Shaqiri is being referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision and Mr. Shaqiri is here today to answer your questions. December 20, 2023 10  Todd Allen: Mr. Shaqiri, I'll be candid with you. I think you have an uphill battle because we gave you some suggestions the last time you were here. It doesn't look like anything was done to gain any additional experience, so I'll give you the floor to let you try and explain why you should be qualified for a residential contractor.  Admir Shaqiri: These are jobs I have done with my own company in New York. I was the owner of the construction company in New York. So I have more than six years experience when I was working for myself as a contractor in New York City. Also, I have five years experience working for another company, Radon Construction.  Todd Allen: What experience do you have with foundations and block work?  Admir Shaqiri: When I was working with Radon, after Hurricane Sandy, we built two new houses in New Jersey from the foundations. This was done under Radon Construction’s license. It was a joint venture with somebody else in New Jersey. The time was very busy after Hurricane Sandy and companies were hiring a lot of contractors, mostly from New York. I don't want to work for anybody. I want to work for myself. If you can give me that opportunity, I want to be my own owner. I want to have my own plans here to buy land and to build the new homes, to hire engineers and architects. I have my long experience as owner in my own business in New York City and for Radon. I have more than eleven years in the construction industry. I want to be as a businessman to invest money to build houses. I don't want to pour concrete.  Timothy Crotts: Recommendation for this license will be that it be denied.  Todd Allen: I'll make a motion to deny the application.  Terry Jerulle: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 8F. HENRY C. CZERWINSKI III – REVIEW OF CREDIT; PLUMBING CONTRACTOR; HENRY & SON PLUMBING  Henry C. Czerwinski: Sworn testimony given.  Timothy Crotts: Mr. Czerwinski has submitted an application for the issuance of a plumber's contractor license, which requires a minimum credit score of 660. As part of the application process under Collier County Order 20646 Section 2.3.9, Mr. Czerwinski is required to submit a personal and business credit report. Mr. Czerwinski 's 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 financial responsibility as set forth in Rule 61G4-15.006 of the State of Florida. The review of the personal credit report shows the following areas of concern: Mr. Czerwinski 's credit report shows a score of 487. And the credit report shows the following: a collection in the amount of $161 to LJ Ross Associated, dated April, 2023; a collection in the amount of $9,144 to Midland Credit Management dated August, 2021; a collection in the amount of $783 to Midland Credit Management dated July, 2021; a collection in the amount of $1,757 Midland Funding dated June, 2018; a collection in the amount of $16,782 to Columbia Debt Recovery dated March, 2023; a collection in the amount of $397 to LVN Funding December 20, 2023 11 LLC dated July, 2021; a collection in the amount of $1,532 to LVN Funding LLC dated August, 2021; a collection in the amount of $807 to Verizon Wireless dated August, 2023; and a charge off in the amount of $1,389 to WF Bobs FN dated January, 2018. This account was settled for less than the full amount that was owed. Total amount of collections is $32,752. Based upon the information received, Mr. Czerwinski does not meet the minimum requirement as set forth in Ordinance 20646 as it relates to the financial responsibility, and Mr. Czerwinski is being referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision and Mr. Czerwinski is here to answer your questions regarding his credit.  Henry Czerwinski: Midland Credit $783 in repayment; Midland Funding, $1,757 in repayment; Midland Credit Management $9,144 in repayments; Genesis Credit Management $16,782 – let’s revisit that one. LJ Ross $161 paid off. LVN $1,532 in repayment; LVN Funding $397 in repayments. The WF Bobs is closed off. That was from the ex-wife – I bought her furniture with the Verizon. The $16,000 stems from a living arrangement from Fountain View Apartments 10X Living. I rented a 2/2 apartment with an old friend, Bruce Davies. After a year, I moved out. To my knowledge, he did not. At the time, I didn't know. So I never resigned a lease. I was served or somebody was served for a summons on 10/11/22 1:30 PM. I didn't get it, so I didn't know. Obviously there was a judgment in court that I missed and lost. So I am on the hook for, I would assume half of that, but that's not quite how Genesis Credit Management's doing it. So when I contacted them about their bill, it has been going up as most credit companies do. I asked them if I could settle my half. At that time, they proceeded to tell me that in order to settle my half of the $16,744 I would have to pay a little bit over $10,000 without a payment plan – in one lump sum. That didn't sit well with me and my math. Why would I have to pay 66% of a debt that I'm only half responsible for. And the party who's also half responsible doesn't make an effort. So I've been going back and forth with them. I'm going to pay them. I'm going to put it in repayment. I just haven't decided if I want to pay them $50.00 a month for the next 28 years or $100 a month for the next 14. We were both on the lease. I am on the path of repayment. The math doesn't add up to me. It states here that the lease was from May of 2021 to April of 2022, $1,700 a month. He stayed an extra six months. It includes interest and attorney fees. So they jumped it up to $11,000 and then I'm not sure what else they threw in there. I wasn't in court when this happened.  Timothy Crotts: We r ecommend that the issuance of the license be granted with a 12 month probationary period with the following conditions: That within the next 90 days of the probationary period, Mr. Czerwinski pay in full or enter into payment plans with all creditors showing the collection amount. This information is to be submitted to Staff within 90 days, and Mr. Czerwinski is required to submit to Staff a new credit report at the end of six months showing an increased credit score, no additional credit issues, and evidence showing that all payment plans are current and up to date. At the end of the 12 month probationary period, Mr. Czerwinski is to submit to Staff a credit report showing a credit score of at least 660, no additional credit issues, and that all collection amounts December 20, 2023 12 have been paid in full. Failure to meet these requirements shall require Mr. Czerwinski to appear before the Board for possible review and possible disciplinary action if deemed necessary by the Board. If at any time during the probationary period, Mr. Czerwinski can show a credit score of 660, no additional credit issues and all collection amounts have been paid in full, the probationary period will be removed by Staff. If we can see an increase in the credit score, Staff can use their discretion to bring him back before the Board or not. If the credit score is still extremely low, then he will be required to appear before the Board to be addressed by the Board and we could extend his probation as long as he's showing progress.  Kyle Lantz: I’ll make a motion that we approve the County’s recommendation.  Terry Jerulle: The only reason he is here is for the credit? (Yes.)  Stephen Jaron: Seconded.  Richard Joslin: Did he bring anything in that proves he's already worked out a payment plans with these other creditors? (No.)  All in favor – aye. (Disunited vote 6-1 – Terry Jerulle.) 8G. DIELKA GONZALEZ – REVIEW OF CREDIT; REINSTATEMENT OF PAINTING CONTRACTOR LICENSE; A & V QUALITY PAINTING CORP.  Dielka Gonzalez: Not present. 8H. RUSSELL HOLLANDER – SECOND ENTITY APPLICATION; CUSTOM ARCHITECTURAL SOLUTIONS INC.  Russell Hollander: Sworn testimony given.  Timothy Crotts: Mr. Hollander has submitted a second entity application for the trade of cabinet installation contractor. Mr. Hollander currently holds a valid cabinet installation contract, a license from Collier County which was issued in 2008. A review of the current license in City View shows that there have been no complaints against this company, and Mr. Hollander has stayed current on all his required renewals. However, it should be noted that Mr. Hollander holds a workman's comp exemption, meaning that he has no employees who work in the construction plate under this company name. Mr. Hollander also submitted the second entity application to qualify the company Custom Architectural Solutions Incorporated for the fore mentioned trade. There is no license currently associated with this company, however it should be noted again that Mr. Hollander has submitted a workman's compensation exemption which means he has no employees who will work in the construction trade. Mr. Hollander is here to answer your questions regarding his second entity application.  Russell Hollander: As far as the second entity goes, there will be employees and we have secured workman's comp insurance for CAS or Custom Architectural Solutions. I have entered into a business agreement with a 50% partnership with another gentleman. I would actually be the qualifier for that company and he would be operating the field, doing the work in the field with our employees and him as well. December 20, 2023 13  Timothy Crotts: Until we see the workman's comp policy, the County is going to recommend that the second entity application be denied. He is trying to run two companies with a workman's comp exemption, meaning a single employee for each company, and we find that difficult to be able to do to run two companies, especially in the same trade.  Russell Hollander: My intention is not to run two companies solely on my own. If you look at the incorporation of Custom Architectural Solutions, I am only 50% owner. There is another 50% owner, Brian Smith. He will be obviously a first employee. We have another employee that's lined up to be working under Brian at Custom Architectural Solutions as we move forward to start performing cabinet and millwork installations. So the difference is that I've owned Hollander Custom Creation since 2008 and it is essentially an LLC I've operated as a sole proprietorship. I've really been the only one that works at home under Custom Creations. I just did my thing for a long time, cabinet and millwork installations. I do sometimes build small custom cabinet products that will be either facilitated with the project or part of the project or modification to the cabinet project. I also do installations of baseboards, crown molding, interior doors, casings, architectural ceilings. The new company would be very similar except I will no longer be in the field operating as a as a construction worker. Brian will actually take over that aspect of the operations. He'll be in the field working with the other employees to achieve and complete those projects. I wanted to continue to operate Hollander Custom Creations – it’s kind of a legacy for me. It's just my business. I do want to maybe move into manufacturing with furniture, just small things out of my shop.  Timothy Crotts: There are two things that the Staff would need to see – the workman's comp policy and we would need to verify the accuracy on that. And if, in fact the other party, the 50% party of that, if he's going to be covered under the workman's comp or if he's going to have an exemption, we would need to see that exemption also.  Todd Allen: My suggestion to you would be to table this so you can get it to the County. I don't know that we'll be able to address this today because we have two more agenda items and then we can revisit it. If he supplies that workers comp information, does he need to come back to us?  Timothy Crotts: The Board could vote on accepting the second entity application with the stipulation that within the next seven days that the workman's comp policy be shown to Staff. If Staff is satisfied with the accuracy on it, then they could go ahead and grant it. If not, then it would require him to come back in front of the Board.  Russell Hollander: I own 100% of Hollander Custom Creations and 50% on the new company. I am on the bank account, we have payroll service established, workman's compensation and general liability that CAS has been paying for the past two months. We are set up to start operating. I just need this approval of the license in order to push CAS forward to continue to start doing projects here in Collier County. This is an opportunity for him to gain ownership of a new business and to become a business owner. He is a friend of mine. We've been friends for many years. He's been working for a local carpentry outfit, doing custom carpentry for a long time. He came to me earlier this year December 20, 2023 14 and said he wanted to branch out and start doing something on his own. I said I would probably be able to help qualify that.  Further discussion ensued with regard to both companies bidding on the same project; division of profits, etc.  Timothy Crotts: Based upon the information that we've received today and the concerns by the Board, especially where the two companies should not be bidding against each other, I would recommend if this is approved that it is put on a 12 month probationary period so that way if there ever is an issue within the next 12 months, it would be an automatic appeal back to the Board for violation of probation. And then after the end of 12 months, if there are no issues, the 12 months probation would be removed and then we would have to address any issues that come up after that. And this is a good thing to have because it will hold the applicant's feet to the fire to make sure it is not violated. And we receive the workman’s comp within seven days to show that the policy has been enacted and we can verify that it's issued.  Terry Jerulle: I’ll make a motion.  Todd Allen: Seconded.  All in favor – aye. (Carried unanimously, 7-0.) 9. OLD BUSINESS 10. PUBLIC HEARINGS: A. 2023-18, FEDERICO O. MORALES DBA A.M. PRESTIGE PAINTING INC. (CEMIS20230009841)  Todd Allen: I’ll make a motion to open the public hearing.  Richard Joslin: Seconded All in favor – aye. (Carried unanimously, 7-0.)  Federico Morales: Sworn testimony given.  Michael Bogart: A copy of the hearing preamble was giving to and read by the respondent. He has initialed and dated the copy. I would like to enter the preamble and packet for case 2023-18.  Richard Joslin: Motion to accept into evidence.  Matthew Nolton: Seconded All in favor – aye. (Carried unanimously, 7-0.)  Michael Bogart: Federico Morales, a Collier County licensed painting contractor with issuance number 201100001168, is Qualifier 4 and owner of A.M. Prestige Painting Inc. Mr. Morales contracted, received payment and performed drywall and trim work installation in nine building lobbies and 40 coach homes at the Dunes of Naples without a permit, where one was required, during a state of emergency caused by Hurricane Ian. Mr. Morales is in violation of the Collier County Code of Laws and Ordinances, Section 222012, which states in pertinent part that it is misconduct for a holder of the Collier County certificate of competency to contract to do any work outside the scope of his or her competency December 20, 2023 15 as listed on his or her competency card and as defined in this Ordinance or as restricted by the Contractor Licensing Board. Mr. Morales is also in violation of Collier County Code of Laws and Ordinances Section 2220118, which states in pertinent part that it is misconduct by holder of a Collier County certificate of competency to proceed on any job without obtaining applicable permits or inspections from the City Building and Zoning Division or the County Building Review and Permitting Department.  Federico Morales: Pleads guilty.  Todd Allen: You have reviewed all the evidence that the County has and you’re not contesting any of that? Can we make a motion to accept the County’s evidence packet?  Terry Jerulle: I will make a motion.  Richard Joslin: Seconded.  All in favor – aye. (Carried unanimously, 7-0.)  Todd Allen: I will make a motion to accept the guilty plea.  Kyle Lantz: Seconded.  All in favor – aye. (Carried unanimously, 7-0.)  Timothy Crotts: With regard to the penalties, there were two trades that were conducted where Mr. Morales worked outside the scope. County would ask for a $2,000 fine for working outside the scope, that the license be placed on probation for a period of 24 months. On the permit, working with no permit, Staff would ask for a $1,000 fine and the license be placed on a 24 month probationary period to run concurrent with Count One working outside the scope.  Todd Allen: Motion to close the public hearing.  Kyle Lantz: Seconded.  All in favor – aye. (Carried unanimously, 7-0.) .  General discussion ensued regarding:  The management company (HOA)  Mr. Morales also has a general contractor license under Prestige Construction and Coatings, with qualifier Charles Von Holtz, but submitted everything through A.M. Prestige Painting  The project was completed but we are submitting permits now. Some of them were denied, are pending, and we are working on some other ones because we have to pull individual permits per address. The CAM’s name is Mary Janitz  Mr. Morales’ general contractor license was not qualified as a general contractor until the following May  Michael Bogert: Once he finished the work in December or January, I think code enforcement got some complaints in April or May. There was a December 20, 2023 16 different general contractor called out to do permitting for that work at his request because he didn't have a license at the time. That general contractor did start doing the permitting process, but then they also withdrew once they saw the scope of the work that was done and everything else that was entailed, and then code enforcement was going back to the properties, the Property Association and then Contractor Licensing got involved and now he's taking over the permits. And as of today, there are approximately ten permits in process, some are incomplete, a couple of rejections and some other information that is required.  Mr. Morales is taking responsibility of the permitting  The other recourse for the property management company would be to file a complaint with DBPR  Violation of one permit versus ten permits – it is up to the Board what the fee would be during the penalty phase  The County does not waiver after-the-fact fees  The number of permits range from 30 to 40  The total amount for this job that encompasses painting, trim work, flooring and drywall is $378,103.02. The drywall alone was $275,585.60.  I (Mr. Morales) understand why I am here and am taking full blame for it  Todd Allen: I am going to move that we levy a fine on Count One in the amount of $5,000 and a 24 month probationary period; on Count Two, a fine of $5,000 and a 24 month probationary period to run concurrent with Count One.  Terry Jerulle: Seconded. All in favor – aye. (Carried unanimously, 7-0.)  Todd Allen: Upon consideration of all the testimony received under oath, arguments presented by the parties during the public hearing, the Board issues the following findings and conclusions: Service of the administrative complaint notice was sufficiently provided and in compliance with applicable law. The respondent is the holder of the license set forth in the complaint. The respondent was present at the hearing and was not represented by counsel. The Board has jurisdiction over the respondent and subject matter raised in the administrative complaint. The respondent committed the violations as set forth in Count One and Count Two of the administrative complaint. Therefore, by a vote of seven in favor and 0 opposed, the respondent is found guilty of the violation set forth in Count One and Count Two the administrative complaint, and the Board imposes the following sanctions against respondent: Count One, a fine of $5,000 levied and a probationary period of 24 months; for Count Two, a second $5,000 fine and a 24 month probationary period to run concurrent with Count One. This concludes the order of the Board on this matter. December 20, 2023 17 I will modify my motion to require the fines to be paid within 90 days. Failure to pay within the 90 days will result in an automatic revocation of the license. B. 2023-19, EDWIN W. GUTIERREZ RUIZ DBA EDWIN’S CONTRACTOR PAINTING CORP (CEMIS20230008234)  Todd Allen: I’ll make a motion to open the public hearing.  Matthew Nolton: Seconded All in favor – aye. (Carried unanimously, 7-0.)  Edwin (not Edvin) Gutierrez Ruiz: Sworn testimony given.  Timothy Broughton: A copy of the hearing preamble was given to and read by the respondent. He has signed and dated the copy. I would like to enter the preamble and packet for case number 2023-19 into evidence at this time.  Richard Joslin: Motion to accept into evidence.  Terry Jerulle: Seconded All in favor – aye. (Carried unanimously, 7-0.)  Timothy Broughton: The respondent, Mr. Edwin Gutierrez Ruiz, a Collier County licensed painting contractor with issuance number 201400000948 is the qualifier for and owner of Edwin’s Contractor Painting Corporation. Mr. Gutierrez Ruiz contracted for and agreed to receive payment from the property owner for the marine dock repair and installation at 550 Taylor, Marco Island, FL. The marine dock repair and installation also required a permit, for which one was not issued prior to commencing of the said work at the said location. Mr. Gutierrez Ruiz is in violation of Collier County Code of Laws and Ordinances, Section 22- 2012, which states in pertinent part that it is a misconduct for the holder of the Collier County certificate of competency to contract and do work outside the scope of their competency, as listed on their competency card and defined in this Ordinance or as restricted by the Contractor Licensing Board. Also the respondent Mr. Gutierrez Ruiz is in violation of Collier County Code of Laws and Ordinances Section 22-20118 which states in pertinent part that the misconduct for the holder of Collier County certificate of competency to proceed on any job without obtaining applicable permits or inspections from the City Building and Zoning Division of the County Building Review and Permitting Department.  Mr. Gutierrez Ruiz: I am guilty.  Todd Allen: You are admitting guilt. Have you reviewed the evidence that the County has provided? And you don't dispute any of the evidence that they have provided?  Mr. Gutierrez Ruiz: Yes, I am guilty.  Timothy Broughton: For the record, Mr. Gutierrez and I met at the Growth Management Department and we did discuss the case and I did go over the case December 20, 2023 18 and explained everything to him. He was very cooperative and he does understand, at least at our meeting, what he's being charged with. He is a painting contractor and had some relationship with the owner and it was replacement of the surface deck. He did have a verbal contract with the homeowner. I did speak with the homeowner and he (Mr. Gutierrez Ruiz) was going to be paid $20,000 upon completion. He did start the work and he did replace approximately 12, 12 by 16 by 2 boards on the deck. He was replacing the surface of the deck. The homeowner did have to hire a marine contractor. They hired Duane Thomas Marine and he did pull the permit. Code Enforcement for Marco Island is the officer that responded to the scene and observed Mr. Gutierrez Ruiz doing the work and posted the stop work order at that time. Duane Thomas pulled the permit which has been issued. The homeowner’s name is Gerhart Huber.  Stephen Jaron: Did you get a deposit or down payment?  Mr. Gutierrez Ruiz: No because I know this lady from 2016 /2017. She is from Canada. She has three houses in Marco. I have painted each house in different years. One day she saw me paint the neighbor ’s house. I was replacing the trim window and she asked me if I could do this job (the deck). I said yes. And I told her to let me figure out how much it would cost. I said $20,000. She didn’t pay me anything.  Timothy Broughton: Mr. Huber told me that he did not pay anything to Mr. Gutierrez Ruiz. Mr. Gutierrez Ruiz did make a statement to me that he picked up his material. I'm not sure if he took back the boards that he put down – the 12 boards that he replaced.  Todd Allen: I'll make a motion that we find him guilty on the two counts.  Richard Joslin: Seconded. All in favor – aye. (Carried unanimously, 7-0.)  Todd Allen: Does the County have any recommendations?  Timothy Crotts: On Count One, working outside of scope, County would ask for a $1,000 fine and 12 month probationary period, all fines to be paid within 60 days. Failure to pay fines within 60 days would result in the automatic revocation of the license. With regards to Count Two, no permit, a $1000 fine, 12 months probation to run concurrent with Count One and all fines to be paid within 60 days. Failure to pay fines within 60 days would result in the automatic revocation of the license.  Todd Allen: I'll make a motion to close the public hearing.  Stephen Jaron: Seconded. All in favor – aye. (Carried unanimously, 7-0.) December 20,2023 I Kyle Lantz: I'llmake a motion that we incorporate the County's recommendation. I Terry Jerulle: Seconded. All in favor - aye. (Carried unanimously, 7-0.) r Todd Allen: 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 to the administrative complaint notice was 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 not represented by counsel. The Board has jurisdiction over the respondent and subject matter raised in the administrative complaint. The respondent committed the violations as set forth in Count One and Count Two of the administrative complaint. Therefore, by a vote of seven in favor and 0 opposed, the respondent is found guilty of the violations set forth in Count One and Count Two of the complaint. And the Board imposes the following sanctions against the respondent: for Count One, the imposition of a $ 1 ,000 fine, payable within 60 days. If the fine is not paid within the 60 days, the license will be revoked and there will be a l2 month probationary period; for Count Two, a $1,000 fine to be paid within 60 days. If the fine is not paid within 60 days, the license will automatically be revoked and there will be a12 month probationary period for Count 2 to run concurrent with Count One. 11. NEXT MEETING DATE: Wednesday, January 17,2024. . Richard Joslin: Motion to adjourn.. Kyle Lantz: Seconded.. All in favor - aye.(Canied unanimously, 7-0.) There being no further business for the good of the county, the meeting was adjourned at 11:20 AM. Collier Licensing Board Allen, 19 December 20,2023 These minutes were approved by the Chairman of the Contractor Licensing Board on I' 11- l,o?1 (check one) as submitted or as amended 20