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CLB Minutes 01/17/2024 January 17, 2024 1 MINUTES OF THE COLLIER COUNTY CONTRACTOR LICENSING BOARD MEETING January 17, 2024, 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: Stephen Jaron, Chairman Terry Jerulle, Vice Chairman Todd Allen Matthew Nolton Kyle Lantz Richard Joslin Elle Hunt Robert Meister (non-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 Michael Bogert,, Contractor Licensing Investigator 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. January 17, 2024 2 1. Roll Call Quorum established. 2. Additions or Deletions  Timothy Crotts: Move 8B to be heard after 10A1; 8E withdrawn 3. Approval of Agenda  Kyle Lantz: Motion to approve amended agenda.  Terry Jerulle: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 4. Approval of Minutes  Matthew Nolton: Motion to approve the December 20, 2023, minutes.  Richard Joslin: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 5. Public Comments Stephen Jaron: Comment to the audience: It has been determined that your application requires additional decision making. We are here as a volunteer board to assist with that decision. We are not county employees but volunteers in the industry. Richard Joslin: We are all contractors, so you are dealing with people that already have a license in the industry. 6. Discussion 6A. Collier County Code of Ordinance Sec. 2-833 – Attendance Requirements  Timothy Crotts: Attendance requirement was verbalized, and a copy is in your packet – Section 2.833. 7. Reports 7A. Year -End Reports for 2023 Timothy Crotts: Activity for the Contractor Licensing for 2023 was reported by Mr. Crotts, and a copy is in your packet.  The lien is issued on the individual. Using an agency to collect would not work because the whole amount must be paid for it to be released. These are people who do not have a license. The Ordinance is written with the help of the County Attorney’s Office and then the Ordinance is approved by the Board of County Commissioners. Being able for the County to collect the money is something we are actively looking at county-wide. 8. New Business: None 8A. Orders of the Board (1 item)  Richard Joslin: Motion that the Chairman signs the orders of the Board. January 17, 2024 3  Terry Jerulle: Seconded. All in favor – aye. (Carried unanimously, 7-0.) 8C. MATTHEW J. COLOSIMO: REVIEW OF EXPERIENCE, ELECTRICAL CONTRACTOR, LIGHTSPEED ELECTRICAL SERVICES LLC  Matthew Colosimo: Sworn testimony given.  Timothy Crotts: The applicant has submitted an application for the issuance of a local registered electrical contractor license, which requires 24 months experience as a Journeyman or equivalent. In September of 2023, we received an application from the applicant for the issuance of the same license. In the review process of the verification of experience, it was learned that one of the documents submitted for experience had been filed by somebody other than the applicant and that the signature on the document had been forged. This was confirmed by the applicant. One of the other documents submitted for experience was from the applicant’s current employer, Black Diamond Distribution/ Black Diamond Design and Delivered which had a state certified license contractor whose license holder had passed away May 13, 2021. The company had been operating without a license for a period of 28 months. When we confirmed this information, the applicant withdrew his application. The application before us today, as part of the review process by staff, the applicant has submitted verification of experience from the following licensed contractor outlining his experience – Black Diamond Distribution/Black Diamond Design and Delivered, employed from 2018 to current. Details of the experience were that of overseeing the operation of hands-on work of savant automation, neutron automation and new construction, installation, and remodels. A letter from the applicant stating that he worked with Swanson Electric from 2016 to 2018 outlined his scope of the work. This letter was attached and should be noted that the owner of this company, to qualify this company, did not feel comfortable with issuing a verification of experience. Based on the information received from the applicant, it is the opinion of staff that he does not meet the experience required under Ordinance 20646 Section 1.2.2.12 as it relates to the trade of electrical contractor. The applicant is being referred to the Contractor Licensing Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision.  Stephen Jaron: The document that was forged isn't in this packet. And who forged it?  Timothy Crotts: It was from an application in September 2023 and that application was withdrawn by the applicant.  Matthew Colosimo: The application in September 2023 was withdrawn. It was forged, I believe, by one of my bosses and I wasn’t aware of it.  Timothy Crotts: It should be noted that the notarized item was not signed by the individual who reportedly had submitted it. We always follow up with the submitters to find out the accuracy of what's being submitted. We learned in fact that he never appeared in front of a notary to have his signature notarized.  Elle Hunt: The credit score is only 655. Is he in front of us because of not having a credit score of 660. (No.)  Stephen Jaron: The apprenticeship program that you completed was that through Swanson?  Matthew Colosimo: When I started with Swanson in 2016, I enrolled in the school. For half of it I worked with him (Swanson) for about two years and went to school. Then I January 17, 2024 4 switched to Black Diamond. I finished up my two years there with them completing my four years. And right after that I was a foreman and I've done everything from residential to commercial, three phase generators, underground for apartment buildings, full switch outs of housing metering equipment on condominium buildings with 100 plus units. I have plenty of experience in this trade.  Kyle Lantz: Did you ever get your journeyman card?  Matthew Colosimo: There's no reason to for Florida. I went to the State and I was going there with Black Diamond. We had discussed a few things that I needed to get changed and I don't have $10,000 to put into a business bank account. So I figure start County, do a couple good jobs, put the money in, go back to state, get state certified.  Kyle Lantz: Do you still work for Black Diamond? And what does Black Diamond do?  Matthew Colosimo: Yes , low/high voltage – everything.  Timothy Crotts: That is incorrect. When the qualifier of that company passed away back in 2021, they did not follow the procedure to have somebody take over the license and therefore the license was deemed invalid. Since then, one of the partners from that company came to the County and I issued a restricted for residential only license for Black Diamond. So currently they're only allowed to do residential work within Collier County. Previously they were a full state certified electrician. The last two years work has been only residential single family homes.  Matthew Colosimo:: My first employer will not give a letter because of the actions of my two bosses when it came to my County license, that one of them had forged his signature, which he had given me a paper to apply with the State stating that I do have experience with him. But they tried to use that on my County license instead of contacting him and getting a new letter. So, he didn't feel comfortable with it. The company filled out most of the paperwork; I filled out the rest myself.  Kyle Lantz:You did high voltage work basically for five-six years.  Matthew Colosimo: 2016 to May 2021. If you want to cut it off there, but I'm still qualified. The State even said so when I saw them. They told me to remake my application to where it was like a 3-6 and I still had the experience for all high voltage, three phase, Fossa – that is fire and burglar alarm. Everything you need.  Stephen Jaron: The only reason you're here for a County license and not a State license is because of the $10,000 requirement in a bank account. (Yes.)  Terry Jerulle: What is your business plan, what do you plan to do?  Matthew Colosimo: My father is a state licensed general contractor, so he has a few things lined up for me once I get my license.  Timothy Crotts: Based upon the information that was received and where some of the work may have been done with the company while it was unlicensed, we are still not convinced that he has the amount of time and experience to do the work. We really haven't seen any verification of residential and/or commercial type and commercial meaning, not only condominiums and such, but commercial and industrial buildings.  Kyle Lantz: You graduated from the apprenticeship? (Yes.) And that covered everything. My understanding is they check and make sure you're employed and you're doing all the work. My understanding with the Apprenticeship Academy is they are making sure that he has the experience before they give the certificate. My personal opinion is if he successfully completed that, he successfully got the experience. Maybe it's not recent. January 17, 2024 5  Timothy Crotts: Correct.That is one of the reasons that we look at the Apprentice Program because the license itself, you must hold the journeyman license. He has never held the journeyman license, but that's why the caveat in the ordinance says or Equivalent. The Apprentice program would allow him to get to that journeyman level and then he would have to prove two years’ experience as a journeyman or that equivalency in order to qualify for the regular license.  Elle Hunt: What was your last commercial job? Explain it in exceptional detail please.  Matthew Colosimo: The last commercial job I worked on was Casa Bonita on Bonita Beach Road. The entire building got flooded, so everything in there was destroyed (after Ian). We completely ripped out all the housing, the metering equipment, everything that you could possibly deem unusable by corrosion, salt water. And you can replace it with new wire if it was pulled or replaced. It's all three-phase high voltage stuff.  Kyle Lantz: And were you running the job or doing the work?  Matthew Colosimo: I was running it but also doing it. You have to work to get the experience. I was hands on with all of it. I went to Boston to bring back the metering equipment. I ripped out the old equipment. I cleaned off what I could. I replaced the new equipment. I rewired it to the current code specs. I ran a six-man crew but it fluctuated – sometimes four or six. I've been running crews since I started with Black Diamond. Usually two, sometimes six, no more than six. We've never been that big of a company.  Richard Joslin: I still can't understand why he wouldn't get a letter from Black Diamond then showing that experience.  Matthew Colosimo: I asked them for a letter. Swanson didn't give me a letter because one of my bosses forged his signature on my County application for them, so at that point he no longer felt comfortable supplying any type of verification of employment. But I provided the W-2s and I have a State letter for this from him already. He verified it one way or another.  Kyle Lantz: I'll make a motion.  Timothy Crotts: I think if the Board is going to issue the license, we need to make sure that the applicant has a full understanding of what the license holder responsibilities are. When he came in the first time, he did not understand that as the license holder or the qualifier that you are responsible for every action that every employee takes for that company. I think that's something that we need to make sure that he fully understands if the license is going to be issued.  Terry Jerulle: The County recommends not giving the license. And I'd just like to offer my opinion. He stated on the record he only wants to do residential.  Matthew Colosimo: No, I didn't. (Father only doing residential.)  Terry Jerulle: Then my correction. My opinion still stands that if we do give him a license that it be residential for a period of time.  Kyle Lantz: I have a lot of faith and I try to promote the apprenticeship programs and I think anyone coming out of there that I've met is qualified, has experience and has some real theory book knowledge. If you graduated from the apprenticeship program, you've done some time as a crew chief, field supervisor, then you are qualified. I'll make a motion that we issue him a full license.  Matthew Nolton: Second  . All in favor – aye. (Disunited vote 4-3: Terry Jerulle, Elle Hunt, Richard Joslin – nay) January 17, 2024 6 8D. VINCENT J. ESPOSITO: REVIEW OF EXPERIENCE; DEMOLITION OR WRECKING CONTRACTOR; SWU-AZ MARINE LLC  Vincent Esposito: Sworn testimony given.  Timothy Crotts: Mr. Esposito has submitted an application for the issuance of a local license as a demolition contractor, which requires 36 months’ experience. As part of the application process for this issuance, Mr. Esposito was required to submit documentation showing his experience. As part of the review process by Staff, a review of the document showed the following. Mr. Esposito worked for Resolve Marine out of Fort Lauderdale, Florida, and worked from 2012 to 2020. The scope of the work was conducting salvage, demolition, and wreckage removal operations. Mr. Esposito submitted a letter outlining his training experience and a copy of this letter is included in your packet. A phone call interview, which was conducted with Mr. Esposito regarding his experience, explained that the large majority of his experience was that of marine salvage operations. In explaining the scope of the work that was allowed by the ordinance for this trade, Mr. Esposito has little or no experience in the demolition of dwellings, commercial buildings and foundations, and the permitting requirements. Based upon the information received, it is the Staff opinion that Mr. Esposito does not meet the minimum requirements set forth in Ordinance 20646 as it relates to experience under Section 1.6.3.13 as a demolition contractor. Because he does not meet the qualifications needed for the issuance of this license, Mr. Esposito is being referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision.  Vincent Esposito: I do have construction background. When I was 12, my father brought in concrete resurfacing. We did a lot of driveways, patios, pool decks, etc. I got into tile, marble and then electrical. I did electrical for about seven years. I'm familiar with rough- in to finish work and remodeling stuff, so I'm familiar with construction very well. I had a hammer in my hand since I could hold one. What I would like to do coming back, changing my career, because it takes me away. I got married in 2019, and the year I was married, I was gone for 280 days. I got a call on our honeymoon to go on a job. I'm still married, so I didn't go on the job. This is something that transfers directly from what I did in the marine industry into a construction element.  Kyle Lantz: What are you trying to do?  Vincent Esposito: Demo residential homes. I have contractor friends and they have investors that are coming and buying properties and they're building bigger homes on these properties. I would like to use my skills to take these homes down.  Stephen Jaron: You want to do knockdowns, tear downs?  Vincent Esposito: Correct for new homes. It's not construction based, just the tear downs, and then clearing the land.  Stephen Jaron: Strictly residential or commercial building?  Vincent Esposito: I would be open to commercial, but I can understand on paper the lack of experience. In my in my field previously, I worked with engineers, naval architects and these are the people that you work with to get the influence to develop the plan for the project and under these guys, I would formulate a plan with my crew and then we would go upon our business working in the salvage industry in demolition and ship wrecks. That would be the same principle, obviously getting into bigger projects, there's engineering that must be implemented and a plan. If I could get in on a residential level to start off, January 17, 2024 7 that would be something I would be highly interested in. And then moving forward maybe take that into commercial.  Stephen Jaron: Your experience is mostly underwater?  Vincent Esposito: No. When I first started my career in 2007, I went to school for commercial diving and marine salvage. Post-Katrina work and moved to New Orleans and based out of New Orleans until 2012, where I worked in the oil and gas industry. We did a lot of decommissioning and demolition of derelict platforms. We would use various methods of cranes and heavy machinery to lift these packages apart, different methods of cutting, and then we'd also have to terminate and gas-free everything. One of the biggest things in the industry is safety's first. We work to the strictest OSHA standards and that's something that sticks with you. Safety is always paramount in everything that you do. So then in 2012, that segway’d into marine salvage, and we do ships – they hit rocks, so they're on land – they hit beaches. It depends on the situation.  Elle Hunt: Sea rigs – what kind of skills there do you think apply to home demolition?  Vincent Esposito: I would move forward past the platform rigs into ship demolition. It's all about structure and how things are built. Obviously, you don't want to cut the branch off you're standing on. I mean, there's a way that you work to enable architects and engineers to strategically bring these things down or keep certain specific parts up. There was a project I worked on in New Zealand where the only way we could get there was helicopter. It was very remote, on a pinnacle, so you couldn't pull a barge in. We landed on a fabricated helideck that we put together and welded. Then as we cut the project down, we would move that helipad down. When you're attacking something like that, you must strategically plan for structure so that you're able to use or not use or with force. With homes you don't want to just start knocking stuff down. You want to be able to strategically take things apart and the less times you handle the materials, obviously the better.  Terry Jerulle: I see you worked on the Golden Ray, and for how long?  Vincent Esposito: I started in 2020. That was the call I got on my honeymoon -- 2020 up until July 2021. I had a knee injury that removed me from the project. I was in a foreman position on that project.4,800 vehicles and we cut it up into eight sections, 100 tons.  Terry Jerulle: You are very experienced, a very intelligent gentleman. But if we give you a license, what do I tell the next guy that comes in here that doesn't have the experience, and he points to the Board and says, well, you gave this gentleman a license and he didn't have the experience.  Vincent Esposito: I understand and it is exactly what Mr. Crotts pointed out in our very informative conversation that we had and I get it. With that being said, to me it's transferable because I do have this experience. It's actually even more difficult to do it in dynamic situations than when you're doing it on land. I'm not taking anything away from the experience because experience is very important in everything that we do. In my industry that I grew up working in and that's where get your knowledge and that's what passes on. In my opinion, I respect that very much and I considered this as transferable. I wouldn't just approach it with an ignorance that I'm just going to walk in with no experience.  Stephen Jaron: I am a builder and I want to hire you to tear down a house. Can you tell me in 8 to 10 steps, what steps you are going to take from day one to the time you are finished to remove, tear down and remove the house. January 17, 2024 8  Vincent Esposito: The first would be verification of utilities, which would be the responsibility of the owner. I would verify that the utilities have been disconnected; then dumpsters; there might be a dust mitigation system that needs to be set up; environmental protection. Those are all considerations that must be put in place before you can even prepare to start. Environmental protection you might put a silt fence depending on what's around, as wetlands, or the neighbor, is it on a sea wall. Walking through the house to see what is in there. You are responsible for anything once you take ownership because essentially that's what happens during the project, and you have ownership of the property until it's removed. You would clear the property, take whatever precautions to fence off or protect from anybody coming in, and then you can strategically just start taking down the house. I would start with the roof and you fold everything in. Touching back, some of my friends that are contractors is how I got into it. I watched several of these and I know it's not qualified as experience. But I've watched several hands-on projects being demolished. The material could either be separated or not and then it gets hauled away off site. Then you can grade the land out.  Terry Jerulle: Do you have any experience running equipment?  Vincent Esposito: Yes. In the marine salvage industry, I have run friction cranes, hydraulic cranes, excavators. We move a lot of heavy stuff around and that's one of the big things I do. I have a skid steer with some attachments, which obviously isn't a big thing. I do minor land clearing right now while I'm trying to get my license to kind of help supplement income. Am very familiar with the hydraulic process and I can run just about any piece of equipment. No certificates, just on-the-job training.  Matthew Nolton: I have three questions for you. So obviously, as we've heard, you got a lot of technical experience. It's very sophisticated. What you've done around the world is very interesting to me, but you're asking us to approve you. What do you know about any kind of inspections you have to do prior to demolition?  Vincent Esposito: My understanding, the inspections as far as what my responsibility is, is that what you're asking for? Once I take responsibility for the project is that the question that you're asking? The utilities must be disconnected. Those must be verified. The house must be walked through and make sure that there's nobody inside or squatters. Taking safety precautions to make sure, depending on how close the walkways, residential areas, that everything has been properly roped off, taped off, cautioned off. And if it needs to be overhangs or walkway coverings.  Matthew Nolton: Do you know about any kind of monitoring you have to do during the demolition?  Vincent Esposito: As far as the utilities goes, I'm not sure as far as monitoring, you know if there's if it's like gas, like all that that falls under the termination of the utilities. As far as the monitoring, anytime you get out the equipment and you get in the equipment and before you start any process, you must make sure that the area is safe. You do a walk through, make sure that nobody's there. You always have accountability for your crew and the people on site.  Matthew Nolton: That's all valid what you said, but you left out some things that are important as far as tearing down a house. One is, first you must inspect the houses around the house. You must have pre-inspections of those before – there are ordinances that you must do. Second is you have to have an asbestos survey, you have to make sure that the January 17, 2024 9 house doesn't contain any asbestos containing materials, and if it does, there's certain things you must do versus if it doesn't. The third is you have to do vibration monitoring so you don't damage any of the structures around as you're doing the demolition. And again, there are ordinances on that. Are these as critical as oxygen and nitrogen and mixtures and all that? No, but are they parts that sounds like you don't know or have experience with.  Vincent Esposito: Correct and that's a good point. My understanding is the contractor is responsible for the first two inspections before the owner of the property.  Matthew Nolton: My understanding is that if an owner hires you to do that, you're going to be the one responsible.  Terry Jerulle: You bring up a couple of good points, Mr. Nolton. And as far as asbestos, I don't believe asbestos inspection is required for residential, it is for commercial. But your questioning brings up a point. Are you going to be pulling the demolition permit or is the contractor that you're working for going to pull a demolition permit?  Vincent Esposito: As a general contractor, you can pull your own demolition permit. To my knowledge. I would be working as a just as a specialty contractor for a private investor or contractor.  Terry Jerulle: That is two different animals. When I say that, if you're working for an investor or homeowner, then you're pulling the permit. If you're working for a contractor, you have the option of pulling the permit or letting the general contractor pull the permit. So that's what my question to you, who is going to be pulling the permit? So you may be pulling a permit. There are a lot of things that Mr. Nolton didn't say that also has to be done if you're pulling the permit. And there's a notification letter in the city of Naples that you have to send out and notify people 14 days in advance of even making the application for the permit. There are fences that you put up and then get the fence inspections prior to even getting the demolition permit. And then you have the vibration control. Would you be willing for a year to not be able to pull permits and work under the guidance of a general contractor? (Yes.) That means you cannot go out and work for XYZ homeowner.  Vincent Esposito: I fully understand. This is something new, an oddity for sure. Whatever it may be, I'm absolutely willing to do.  Timothy Crotts: The stipulation that Mr. Jerulle is talking about is going to be difficult to enforce in order to be able to make sure that the building department, as well as all municipalities, understand that he can't pull the permit. I think what you're trying to do is pretty much telling the applicant go work with a general contractor and get some demolition experience, and then once you get that experience then come back and then get this license after you have that experience working with residential and commercial buildings.  Richard Joslin: There is a lot of construction going on now where they're leaving some walls just so they don't have to pay impact fees. And that would be a totally different process as far as a complete tear down versus something that's going to have to be left at the job to not tear down.  Timothy Crotts: The other thing too is that we need to make sure the applicant understands that if in fact he is allowed to pull permits, what is the inspection process after the permit has been done. I haven't heard anything from the applicant that he January 17, 2024 10 understands what the inspection process will be after the permit is done and what inspections are required.  Elle Hunt: And they differ here because it's not just Collier County, it's in the City of Naples, the City of Marco Island and Everglades City. Each of them have some different nuances that will need to be addressed.  Timothy Crotts: Based upon the information that we've heard this morning it is staff recommendation that the license not be approved and that the applicant go work for a general contractor or building contractor to get the experience in the demolition process.  Further discussion of:  36 months experience versus 24 months for electrical as a Journeyman or equivalent; six years total experience to get the electrical  No difference between demolition of residential and commercial  As a general contractor you can demolish a building; cannot do plumbing, electrical, HVAC, roofs and pools  Work for an employer as a W-2 employee to do demolition to get the experience; cannot be a 1099  To run equipment at $25/hour is hard to support a family.  Richard Joslin: I am going to take staff’s recommendation that we deny the application. I don’t think he has enough experience in the demolition of homes.  Matthew Nolton: Second. Additional discussion:  Demolish of the Golden Ray, he can demolish a house  Safety and safety of the surrounding houses – he is the guy I would want to have  Code requirements/rules – applying them is more important and he has shown the ability and that skill  Huge difference demolishing a 26 story condominium  Timothy Crotts: You could do a restricted license for residential only for a probationary period of 12 months. During that time, he would get the experience and demolition and doing demolition of homes. He could also hook up with a general contractor or a building contractor for the demolition of commercial buildings and then come back within a year or so with more experience and for the Board to then revisit taking away the restriction of residential and giving him a full license.  Richard Joslin: I'll change my motion. Rather than deny, I'll give him the motion to do only residential demolition with a-12 month probation, and after the 12 months, if there are no issues he can come back and reapply.  Timothy Crotts: He could keep his residential if you wanted and keep it restricted to residential. Or he could come back and reapply for a full license and then that would come back in front of the Board for review to see what experience he has gained within that past year. He will be able to pull permits for single family residential only.  Todd Allen: I'll second that motion.  All in favor – aye. (Disunited vote 5-2: Terry Jerulle, Matthew Nolton – nay) 8E. MITCHELL P. PRESNICK: REVIEW OF EXPERIENCE; HURRICANE January 17, 2024 11 SHUTTER/AWNING CONTRACTOR; EXPERT INSTALLATION USA LLC Withdrawn 8F. DMYTRO PATIUTKA: REVIEW OF EXPERIENCE; TILE & MARBLE CONTRACTOR; GLEE CONSTRUCTION INC  Dmytro Patiutka: Sworn testimony given.  Timothy Crotts: The applicant has submitted an application for the issuance of a local license for a tile and marble contractor, which requires 24 months experience. As part of the application process for the issuance of this license, the applicant was required to submit documentation showing his experience. As part of the review process by staff, the applicant has submitted the following verifications of experience. The Brass Management Company, which is a state certified general contractor out of Fort Myers, was employed from December 2022 to present, 12 months. Scope of the work consisted of installation of door rock, flooring, floor and wall tile installation. T&K Construction, which is a state residential contractor out of Cape Coral, employed from December 2022 to January of 2023; two months. Scope of the work consisted of floors, door rock, and installation of large format tiles. Manual Building and Construction, which is a certified building contractor out of Lee County employed from September 2020 to December 2020, four months. Scope of the work consisted of shower pans, installation of floor and wall tile. Total time in trade is 18 months. Based upon the information received it is the opinion of staff that the applicant does not meet the minimum requirements as set forth in Ordinance 20646 as it relates to the experience under Section 1.6.3.45 as a tile and marble installation contractor with regard to time/experience for this trade. Because the applicant does not meet the qualifications, he was referred to the Board under Section 2.5.2 referral of the application to the Contractor Licensing Board for decision and the applicant is here today to answer your questions. (Short six months.)  Dmytro Patiutka: I was working with John Bauer Construction LLC in Florida. He is a general contractor. Worked on the flooring and bathroom of a 15,000 square foot house as a subcontractor. Was in a union in Philadelphia, Local 1, working with everything tiles.  Timothy Crotts: If we follow the Ordinance, the applicant would have to be denied until he can get six more months experience. Should the Board feel that he has the experience without the timing grade that we can verify, I would ask that the license, if it is approved, be put on probationary period for a minimum of 12 months. If he wants to postpone having this reviewed by the Board, that would be fine. And then if he can get staff the additional information, we can look at it and if it meets the criteria then the license will be issued by staff. If not, then we would have him appear at the next Board meeting.  Dmytro Patiutka: Agrees to postpone the application. 8G. IBRAIN A. FONT: REVIEW OF EXPERIENCE; FENCE ERECTION CONTRACTOR; QUALITY FENCING LLC January 17, 2024 12  Ibrain A. Font: Sworn testimony given.  Timothy Crotts: Mr. Font has submitted an application for the issuance of a local license as a fence installation contractor, which requires 24 months experience. As part of the application process for the issuance as a fence installation contractor, he was required to submit documentation showing his experience. As part of the review process by staff, Mr. Font has submitted the following verifications of experience. Quamec Corporation out of Lehigh, Florida, which is a state certified mechanical contractor whose scope of work does not allow for the installation of fencing, employed from June 2020 to May 2022, 23 months, reported the scope of the work was fencing. Tyco Carpet Installation, Lehigh Florida, employed from January 2018 to April 2020. Scope of the work consisted of removal and installation of commercial carpet. RCG Flooring, Lehigh, Florida, employed from July 2022 to January 2023. Scope of the work consisted of repairing, removal and installation of commercial carpet. Based upon the information received it is the Staff opinion that Mr. Font does not meet the minimum requirement as set forth in Ordinance 20646 as it relates to the experience under Section 1.6.3.19 as it relates to fence installation contractor. Because Mr. Font does not meet the qualifications needed for the issuance of the fence installation contractor license, he has been referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision and Mr. Font is here today to answer your questions.  Ibrain A. Font: We made a mistake on the on the application. When I worked for Quamec, it wasn't for fencing. It was for AC commercial. My experience with fencing is a year and two months doing it for my own companies, in this case Quality Fencing. I understand that I am below the 24 month period. For all customers we don't require a deposit. For example in my first year as a company, we have moved $1.3 million in fencing without a single penny as a deposit. The way that we have done this is we help the residential clients pull a permit as a homeowner builder and build it for them. So I know how to do a fence correctly, pass inspection, and it has been our money on the line. We buy the material and we help with the permitting part. We do the initial inspection. In Miami-Dade they are very strict on foundation of the fence. We have done it more than 200 times. Let me get my leg and be able to pull permits. Show that I know how to do it correctly even though I don't have the two years of experience, and eventually get to a full license.  Richard Joslin: Motion to deny (practicing without a license; experience).  Todd Allen: Seconds the motion. All in favor – aye. (Carried unanimously, 7-0.) 8H. ALEXANDER A. ACOSTA: REVIEW OF CREDIT; PAVING BLOCKS CONTRACTOR; SOSA GROUP LLC  Alexander A. Acosta: Sworn testimony given.  Timothy Crotts:  Mr. Acosta has submitted an application for the issuance of a residential contractor license, which requires a minimum credit score of 660 and financial responsibility. With January 17, 2024 13 regard to the credit, as part of the application process, the applicant was required to submit a personal and business credit report. Mr. Acosta's 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 of financial responsibility as set forth in Rule 61G4-15.006 of the State of Florida. A review of the credit report submitted by Mr. Acosta shows the following areas of concern. There are 14 individual collections and two civil judgments. The total amount of collections and civil judgments equal $195,033.44. Would you like me to go through the list? (No.) Based upon the information received, Mr. Acosta does not meet the requirements as set forth in the Ordinance 20646 as it relates to financial responsibility. Mr. Acosta is being referred to the Board under Section 2.5.2 referral the application to the Contractor Licensing Board for decision and he is here today to answer your question regarding his credit. The credit has to be 660, but they also have to show financial responsibility and based upon the number of collections and civil judgments, it is staff opinion he does not meet that requirement.  Alexander Acosta: My business is building credit right now. We own three trucks. We don't own any business credit cards and all that is personal credit card and debt during the pandemic. I'm working with my lawyer right now to try to establish something where we can pay them back. The Amex I think I got dismissed on that if I'm not mistaken. Then they did something to where it got pulled back. I don’t know what happened, but again, it's all personal credit. It's not related to my business at all. We hold multiple licenses with Counties already. We have not had a single problem with a client or any money problems. The Counties are Palm Beach, Lee, Martin, Port Saint Lucie, Stewart, all the way up. I hold those licenses personally and have had them for almost two years. I did all my general contractor exams for the state and what happened was I didn't have enough experience. So I held two licenses for Palm Beach County already and then at that point I decided just to take my residential exam and they're vigorous and check everything, but again, it's all personal stuff.  Terry Jerulle: Mr. Acosta, you said you are working with your attorney. Do you think it would be better for you to work more with your attorney, come up with a plan and then come back here with the plan showing how you're going to handle the situation?  Alexander Acosta: I don't know how long that's going to take.  Kyle Lantz: What we've had in the past with people who are in your situation, they take their 16 items, they put them on a piece of paper or spreadsheet, they list them, make a note next to them saying ‘I've contacted them on this date. I've talked to them and we have a payment plan in place. This is our payment plan.’  Alexander Acosta: I don't have a payment plan in place yet. I just pay my attorney. So I just did the contract with my attorney. I don't know how that's working because it was right before New Year ’s.  Todd Allen: Let me give you a hypothetical here because you just had a judgment entered against you in August of 2023, let's say again by American Express, and they issue a writ of garnishment to attach to your accounts. That is going to attach to your personal account and your corporate accounts. So if I'm a customer that gave you a deposit, now your accounts are locked down because of the writ of garnishment filed by American Express. The funds that I gave you for the project are now locked down under that garnishment. It will lock down every account that your name is on, will be locked down by whatever bank that garnishment is served on and it will be locked down for January 17, 2024 14 several months while the court works out that garnishment issue. As a consumer, I'm a little nervous to give you a deposit because I don't know that that those funds are going to be locked down. The court may ultimately decide that those funds are exempt. But still, those accounts will be locked down.  Patrick Neale: The rule that is applicable to this as far as financial responsibility is Florida Administrative Code 61G4-15.006, Subsection One, which states the financial responsibility ground on which the Board shall refuse to qualify an applicant is either failure to provide a current consumer report, and subsequently a consumer report which does not disclose any unsatisfied judgments or liens against the applicant. Since there are unsatisfied judgments, I think the Board should take that into consideration.  Claudia Acosta (wife): If we postponed this process, work with the lawyer, we might know what we are going to do within the next one or two months. Are we able to attend this meeting via Zoom? We drove from 5:00 a.m. this morning, we have three kids, and the business that we are running. If there's an option to, once we provide that (the plan), it goes to them and they approve, or is it going to come back to you and can we Zoom versus coming in person, and do we have to pay it all over again?  Richard Joslin: Under the circumstances, what would probably happen is that if you get a plan worked out with your attorney, he works out a payment plan, and you have contacted all of these debtors that you owe, you would come back before us. The staff would not be able at that point to just grant a license. You would have to come back here before us, show us the proof that you're doing this, and how you're going to work it out, and then let the Board members and myself figure out exactly if we're going to allow this to happen or if we're going to give you a license or not according to the plan. There's a lot of money owed.  Elle Hunt: And what we're looking for is not just a payment plan that these creditors are agreeing to – we are going to look for paperwork from these creditors saying that they have agreed to this with you. Just having an Excel document will not suffice. We've got to understand that this isn't a risk to consumers. Knowing that your creditors have agreed to these commitments with you, will give us a little bit more to work with. This doesn't guarantee you that we will give you the license, but it would be the step that we would look to next. We are going to want, especially at this level of debt, a significant plan that addresses all of that and confidence that this is going to be taken care of with us within a specific amount of time.  Patrick Neale: I would also suggest to the Board that you consider some kind of requirement as to the unsatisfied judgments, because that's specifically mentioned in the Code.  Elle Hunt: I would suggest you postpone or withdraw right now. When you have an idea of when the attorney will have more information for you and these plans, because it's not just more information, you have to then work with the creditors. We can't just hold it indefinitely.  Timothy Crotts: The other thing that I would make sure that the applicant understands is after you get the payment plan submitted with every creditor and they have agreed to it, that you will have the responsibility to submit a credit report every six months. And with that credit report, you're going to have to show that every creditor that you have agreed to a payment plan is being paid, up to date, and there are no missed payments. And that will continue for a period of probation to be determined by the Board. January 17, 2024 15  Alexander Acosta: Withdraws application. Ten minute break: 10:31 a.m. to 10:42 a.m. 8I. GUMARO A. SOSA: REVIEW OF CREDIT; PAVING BLOCKS CONTRACTOR—SOSA GROUP LLC  Gumaro Sosa: Sworn testimony given.  Timothy Crotts: Mr. Sosa submitted an application for the issuance of a paving block contractor license, which requires a minimum credit score of 660 and financial responsibility. As part of the application process under the Collier County Ordinance 20646 Section 2.3.9, Mr. Sosa was required to submit a personal and business credit report. The 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 of financial responsibility as set forth in Rule 61G4-15.006 of the State of Florida. Mr. Sosa’s credit report is currently showing a credit score of 660. However, financial responsibility with review of the credit report shows the following areas of concern. A collection in the amount of $1,017 by Progressive dated August 2023; collection in the amount of $764 by CredenceRM dated August 2023; collection in the amount of $113 from AT&T dated August 2023; for a total collection amount of $1,894. Based upon the information received, Mr. Sosa does not meet the minimum requirements as set forth in Ordinance 20646 as it relates to financial responsibility. Mr. Sosa is being referred to the Board under Section 2.5.2 referral of the application to the Contractor Licensing Board for decision and Mr. Sosa is here today to answer your questions regarding his credit.  Gumaro Sosa: I didn't even know I had those debts until I got my credit report. I don't check it. I can pay that tomorrow. I have the money in the bank.  Kyle Lantz: I will make a motion that as soon as he shows those three debts are paid off, we give him his license.  Timothy Crotts: If I could make a recommendation, I would go ahead and approve the license with a six month probationary period and at any time during the probationary period that he can show evidence that the three items listed in the credit report have been paid in full, the probation would be automatically removed by staff.  Kyle Lantz: My motion is he doesn’t get his license until he shows those paid. Probation is not part of my motion.  Todd Allen: Second.  Elle Hunt: We are saying that we are not taking the County’s recommendation. Instead the Board says there will be no license granted today. However, when you bring proof that you have paid off these three accounts to the County, we have given them authority to immediately move forward and issue you a license. No license today. Pay the bills, bring proof to the County, County issues a license, no probation within 24-48 hours. All in favor – aye. (Carried unanimously, 7-0.) 9. OLD BUSINESS: None. January 17, 2024 16 10. PUBLIC HEARINGS: A. 2024-01 CARLOS E. GUERRA GONZALEZ DBA CD REMODELS SVC. CORP (CEMIS20230009177)  Carlos Guerra; Michael Bogart: Sworn testimony given.  Richard Joslin: I’ll make a motion to open the public hearing for case number 2024-01.  Elle Hunt: Seconded. All in favor – aye. (Carried unanimously, 7-0.)  Michael Bogert: 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 2024-01.  Kyle Lantz: Motion to accept into evidence.  Stephen Jaron: Seconded All in favor – aye. (Carried unanimously, 7-0.)  Michael Bogert: The respondent, Carlos Ernesto Guerra Gonzalez, a Collier County licensed registered residential contractor and carpentry contractor with issuance numbers, 202200000142 and 202100000558, respectively, is the qualifier for and owner of CD Remodels Svc. Corp. Mr. Guerra contracted and received an initial payment in September of 2023 to perform interior renovations in a condominium at 180 Cypress Way E Unit 133, during the state of emergency caused by Hurricane Ian. Further investigation yielded Mr. Guerra also contracted for and received payment in May of 2023 and June of 2023 to perform interior renovations in a condominium in the city of Naples and another condominium in Collier County. On January 22, 2022, the respondent appeared before the Collier County Contractors Licensing Board to apply for a general contractor license. The Board approved a provisionary one year residential contractor license so the applicant could provide evidence of work performed during the one year provisionary period and or to provide further documentation of past projects completed, including his education and training and any other record evidence supporting his experience and. qualifications for the Board’s further consideration. To this day, Mr. Guerra has not appeared in front of this Board to obtain the necessary license to work on condominiums, nor has he obtained such license from the State of Florida. Mr. Guerra 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 a Collier County certificate of competency to contract to do any work outside the scope of his or her competency as listed under his or her competency card and as defined in this ordinance or as restricted by the Contractor Licensing Board.  Antonio – Translator: Sworn testimony given.  Mr. Guerra is saying that he is under his impression, via the Collier County Appraisal Office site, the property where we're talking about comes out as a condominium. He was not under the impression that this was a multifamily or a commercial building. So at the initial start of the project, we went through everything as it's supposed to go. We started with the initial meeting, a deposit, the permitting process, everything. Once we realized that we couldn't proceed with the project, all the money was given back to the client, everything was put to a stop. And we went to the county to see what the issue was. January 17, 2024 17  He is not in an agreement with what the County is charging. What he's saying is that everything's been done by the book. All the T’s been crossed, I's dotted. That being said, he doesn't understand why he's being charged or sanctioned. I don't know if that's the correct word to say. He simply asked for a permit. The permit was denied and now is asking why am I being charged? If I stopped everything and the money was returned to clients.  In the two years that he's been licensed and allowed to work in Collier County, there's never been any issue, there have been no complaints. Everything's been done on time and the customer satisfaction has always been to the point.  Further discussion:  Respondent was issued a residential contractor license issued by the Board and has worked outside the scope of the license issued, i.e., commercial/condominiums.  He should be found guilty for contracting outside his license, because writing a contract makes him guilty, not doing the work?  The giving of the permit (for a condominium) was given mistakenly by the County.  Argue that he doesn’t understand the code  He needs additional training  His intent was not to get away with something. He just doesn’t understand the code; language barrier.  The City of Naples he had a condominium job as well as the second Collier County job previous to us finding about this one in September. He did do the work in those.  Originally he took the test for general contractor which was then reduced to residential  Permit application, page 355 shows multi-family; page 404 in the minutes from that meeting that he was given the (residential) license; there is a clarification and understanding with translation that condos are considered commercial  Carlos Guerra: He was told that he was able to work under four stories. Since this unit does not meet four stories under residential, he was under the impression that he could go forward with a project like this. These units are only two floors. He agrees with the County but his confusion was with the concept of family, residential, two stories, four units.  Todd Allen: I will make a motion that we find him guilty of the allegations contained in County One of the administrative complaint.  Richard Joslin: Seconds the motion.  Patrick Neale: Before you make your final vote, and this is just for the record as much as anything else, but as the Board probably is well aware of this, that the standard of proof in this kind of case where somebody may lose their privileges to practice their. profession is that the evidence presented by the complainant, that is the county, must prove the complainants case in a clear and convincing manner, that as Mr. Allen knows, the burden of proof is slightly higher than that preponderance of a standard and standard civil case The standard and evidence to be weighed here are solely as to the charges set out in the complaint here, which is Section 22-201(2) of the Collier County Code of Laws and January 17, 2024 18 Ordinances. In order to support a finding that the respondent is in violation of the Ordinance, the Board must find facts to show that the violations were actually committed by the respondent. The Mac facts also, as noted before, must show a clear and convincing standard, the legal conclusion that the respondent was in violation of the standard. The charges that were made are the only ones the Board may decide on and additional charges because they're the only ones to which they had the opportunity to prepare a defense. And the decision must be related directly to those charges, no extraneous evidence can be considered. The decision made by this Board should be stated orally at this hearing and is effective upon being read by the Board. The respondent if found in violation, and this is a note for him, has certain appeal rights to this Board, the Courts and the State Construction Industry Licensing Board as set out in the Ordinance in Florida statutes and rules. If the Board is unable to issue a decision immediately following the hearing because of the questions of law, or other matters of such a nature that a decision may not be made at this hearing, the Board may withhold its decision until a subsequent meeting. The Board shall vote based upon the evidence presented on all areas and finds the respondent in violation, adopt the administrative complaint. The Board shall also make findings of fact and conclusions of law in support of those charges. Once you've reached your decision on whether he's in violation or not, I'm going to speak a little bit to the issue of penalty.  Mr. Guerra you are the license holder? (Yes.) Your residential license does not allow you to work in a condominium? (Yes.) And you pulled a permit for a condominium? (Yes.) All in favor – aye. (Carried unanimously, 7-0.)  Patrick Neale: If I may, as you've now found the respondent in violation of the Ordinance, the Board shall now consider an order sanctions under the following parameters are set out in the Collier County Ordinance. In making these sanction determinations, the Board shall consider the gravity of the violation, the impact of the violation, any actions taken by him to correct the violation, previous violations committed, and any other evidence presented at the hearing by the parties that is relevant as to the sanction is appropriate for the case given the nature. As the Board has found him in violation, there are certain sanctions that you can consider, and I think the Board is well aware of these, we would just like to get them on record. First is a revocation of the certificate of competency, and he's been advised of all these sanctions by the County, suspension of the certificate of competency, denial of issuance or renewal of the certificate of competency, probation of a reasonable length, not to exceed two years, during which the contracting activities shall be under the supervision of the Contractor Licensing Board and or participation in a duly accredited program of continuing education. Probation may be revoked for cause by the Board at a hearing notice to consider such purpose -- restitution, a fine not to exceed $10,000, a public reprimand, a reexamination requirement, denial of the issuance of permits, or requiring per issuance of permits with conditions, and also reasonable legal and investigative costs. The Board also shall consider a recommended penalty to the State Construction Industry Licensing Board. That penalty may include a recommendation for no further action or recommendation of suspension, revocation or restriction of the registration, or a fine to be levied by the state board where he is registered. January 17, 2024 19  Timothy Crotts: The County is going to ask for a $1,000 fine to be paid within 60 days, failure to pay the fine within 60 days will result in the automatic revocation of the respondent’s license, and the respondent’s license be placed on a probationary period of 12 months. Because this is a state registered license, he is required to submit the continuing education in order to maintain the registration with the State.  Kyle Lantz: I'll make a motion that we issue him a $500 fine payable within 90 days; ten hours of continuing education on business law within 90 days – that does not get to be applied towards his regular scheduled continuing education requirement for his license. So in other words, if his current license says he needs 24 hours now, he needs 24 hours plus an additional ten on business law. These classes are to be completed within 90 days and 24 months probation. Failure of any of these items then his license is immediately suspended until he comes back to the Board.  Richard Joslin: Seconds the motion. All in favor – aye. (Disunited vote 5-2: Stephen Jaron, Todd Allen – nay)  Richard Joslin: Motion we close the public hearing.  Terry Jerulle: Seconds. All in favor – aye. (Carried unanimously, 7-0.)  Stephen Jaron: Upon consideration of all testimony received under oath, evidence received and arguments presented by the parties during the public hearing, the Board issues the following findings and conclusions: Service of the administrative complaint and notice was legally and sufficiently provided and in compliance with applicable law; the respondent is the holder of the license as set forth in the administrative complaint; 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 at set as set forth in Count One of the administrative complaint. Thereby, by a vote of five to two in favor, the respondent is found guilty of the violations as set forth in Count One of the administrative complaint, and the Board imposes the following sanctions against the respondent: A $500 fine payable within 90 days; ten hours of continuing education in business law in addition to the other mandated and that that needs to be completed in 90 days and show proof that the elements of the business law continuing education was completed and signed off by the State; and 24 months of probation. 8B CARLOS E. GUERRA GONZALEZ: REVIEW OF EXPERIENCE; GENERAL CONTRACTOR; CD REMODELS  Timothy Crotts: So the applicant has submitted an application for the issuance of a Collier County registered license as a General Contractor, which requires 48 months experience. On January 22, 2022, the applicant appeared before the Contractor Licensing Board for a review of experience for the issuance of a General Contractor license. After review by the Board, the request was not granted, however, a provisional residential contractor license was approved to be issued. A copy of the finding of facts and the minutes of the January 22, 2022, meeting has been included in your packet. As part of the review process, the applicant was required to submit a verification of the experience. His January 17, 2024 20 experience showed the following: Pelican Harbor Homes, a Collier County licensed general contractor, showing that the applicant worked for Pelican Harbor Homes starting February 22, with the experience being new construction, remodeling of residential homes and remodeling of multifamily residence. Four permits were pulled by this contractor during that time: One of them was for a single family home new construction, which is still under construction; a second one for a single family home new construction still under construction; a permit for alteration or remodel for a single unit condominium; and another one for alteration/remodel for a single unit condominium. All of the verifications of experience were dated in 2021 and were the same used in the original application from 2022. No other new experience has been supplied by the applicant. Based upon the information received, it is the opinion of staff that the applicant does not meet the required experience under Ordinance 20646 Section 1.6.1.1 as it relates to the trade of general contractor. The applicant is being referred to the Board under 2.5.2 referral the application to the Contractor Licensing Board for decision. And he is here to answer your questions regarding his experience of general contracting.  Carlos Guerra: Ever since he was in the court two years ago, he was on the search for a contractor who would let him work in new construction. One of the reasons that he does a lot of remodels is because he has skin cancer and he aims more towards indoor remodels. Naples is a big city, but a large part of the work has always been in condos and that's where he concentrates the most – in apartment style condos.  Richard Joslin: You are willing to work in just remodels of just condos, not build condos?  Carlos Guerra: Remodeling – that is what he would like to do.  Terry Jerulle: Mr. Crotts, how many months experience do you need in general contracting?  Timothy Crotts: 48 months experience in the trade of general contracting. Based upon the hearing that we held prior to this, the Board decided that he did not have the experience for the general contractor license. Based upon what we're seeing now with the company that he was working for, he has done two single family residential homes, which is still construction, and only two remodeling of single unit condominiums. Staff still not believe that he has the experience for a general contractor license based upon the information we received; his experience may be 24 months and no multi-story structural experience. The only different information we received was Pelican Homes which he started working for them in February 2022.  Carlos Guerra: In the initial Board meeting he wanted to let you know that he had been working for three years in Marco Island with another company where he gained experience as well. He just wants to remodel in condos.  Richard Joslin: There is no new information for new experience which is the reason we had you come back.  Elle Hunt: You have no new experience building high rise buildings which is what you are applying for. It’s either all or none. There is no way to separate the two.  Kyle Lantz: I'll make a motion that we deny his request for a general contractor license.  Stephen Jaron: Seconds. All in favor – aye. (Disapproved. Carried unanimously, 7-0.) January 17, 2024 21 10B. ROBERT ENGLER: DBA ROBERT ENGLER CONSTRUCTION COMPANY INC (DBA) CRYSTALL WATERSCAPES – REQUEST FOR REINSTATEMENT OF PERMIT PULLING PRIVILEGES  Robert Engler: Sworn testimony given.  Michael Bogert: To put in context of why we are here today, why the permit pulling privileges were suspended the last time. On February 11, 2020, Robert Angler Construction Company, Inc. had gone into contract with the Waterways Homeowners Association to build a water fountain feature at the front entrance. And actually the project was completed shortly thereafter. On January 31, 2022, a member of the HOA made a complaint for commencing work without a permit related to the same fountains that were installed. On February 10, 2022, Collier County licensing investigator had advised the contractor, Robert Engler Construction, that a permit was required and gave him a 30 day notice to obtain such permit. On May 11, 2022, a notice of hearing was served for willfully not applying for or obtaining the permit through lack of effort on the contractor ’s part. On July 13, 2022, the contractor eventually did apply for the permits. On July 15, 2022, the application was deemed incomplete for intake documents and the contractor ’s registration. July 20, 2022, the qualifier did not attend the Contractor Licensing Board hearing for that willful code violation. The Board found him guilty, 7 to 0, of that willful violation. Subsequently on July 25, 2022, the application was eventually denied that he originally applied for those water features. On August 18, 2022, the permit violation was referred to code enforcement to follow up with the HOA, and the Contractors Licensing Board. Complaint was referred to DBPR. On October 19, 2022, the qualifier did request his permit pulling privileges be reinstated. At that meeting for the Contractors Licensing Board, they were reinstated for a period of 120 days for that permit only related to the water fountain. On January 12, 2023, an application was finally applied for the fountains by the contractor and subsequently on February 6, 2023 the permit was issued and on April 4, 2023, the permit was final.  Robert Engler: Number one, we did not build any fountains there. They had an existing fountain that was built, I don't know 20 years ago, that was in seriously bad shape. So I went in there. I fixed it. I put some precast bowls in to make it pretty. We retiled the back wall. I put in some new pumps. Done deal.  Todd Allen: Mr. Engler, I'm going to stop you right there, because if you are attempting to re-litigate what was done in July of 2022, you are wasting your time. You deny that a permit was required for the work that you did? Because if we're going through this – sir please let me finish. Because if we're going through this analysis of whether a permit was required, that's already been determined. You're here asking us to reinstate the permit. So what I think I need to hear from you today is (a) why you ignored the request to pull a permit; (b) why you ignored the request to come and appear before this hearing, and (c) why it took you almost a year to close a permit on a project that was clearly established. If you want me to approve your reinstatement of a permit pulling process, you need to give me a satisfactory answer to all three of those issues, because what you are doing right now is giving me a lot of reasons to deny your request.  Richard Joslin: Let me explain – a commercial unit – what you did was you modified an existing building permit, that waterfall, the landscape that you built or January 17,2024 thc waterfbll that you rcdid was a modillcation. It wutsn't origirral, tlrerelorc it rcquircs a new perrnit. You understand that. right? r Robert l)ngler: I undcrstand that. So at any rate. it was all taken care of-. Did I get the messages? No. People called my cell and lefi mcssages. I was not here. I was working on fountains up in South Carolina, all overthe country. Ihave not been working here. And so really, when everything wcnt down, wherr I found out what had happened. arrd I don't remember. I guess it was through an c-mail or something. I figured out at that point. I staftcd trying to deal with thc situation. br-rt I don't sit in an olllcc. I don't sit in l'ront of a contplttcr and I don't answer rny phonc all day, I.lust don't. lt's too busy and Ican't deal with all the.lunk that cornes in. I'd like to kcep doing work here.l-here's tons of work that needs to gct done and yoLr know there's a lot of it hcre. a lot of it is fountains that I've had built 20 plus years ago that nced to get l'ixcd and get repaired. And I'm more than happy to pull permits on thcsc pro.iccts. I didrr't be lieve I necded a permit on that projcct. It was a tilc.iob. I Todd Allen: I anr going to make a motion that wc derry thc request.I Richard Joslin: Scconds. I Timothy Crotts: We do not have a recornrncndatiorr. lbday wc would agree with the Board's rccommendation. Alf in favor--aye. (Denied. Carrietl ununimousl_v,7-0.) Additional corrments wcre rnade by both thc respondcnt and the Board:. Ugly rcmark by the rcspondent. Only answered partially one question out olthe thrce questions. Come back and answer thc three qucstions and rnakc another applicationt Suggestion to thc respondcnt to takc somc tirnc to go and revisit this internally and reevaluate Irow you do your business.-fhc lact that you tcll us that you don't return phone calls. yoLr arc not in arr ofllcc. makes rre conccrned both as a consLrmer and as the County. As somebody who has a license and is pulling pcrrnits. thcre has to be a way tbr sornebody to get a hold of you. You canre in hcre with a fairly aggressive attitude, trying to re-litigate something that had already been deternrined. that you had an oppoftunity to cornc herc and appcar and contcst and state your side o[-thc story. You clrose not to do it. ll. Ncxt Meeting Date: Ircbruetry 21.2024 -l-here being no lLrthcr lrusincss lortlrc goocl ol'thc CountY. tlrc rncctillg \\ras adourned at I l:.15 AII'1. Collicr Courrty tractor l.iccnsirrg Board s n ('huir 22 .lanuary 17.2024 These minules were approved by the Chairman of'the Contractor Licen.sing Board on nd -21 '2D>Y ,/ (check one) as .yubmitted l,/ or a.s umendetl L3