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CLB Minutes 09/18/2024COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTOR LICENSING BOARD MINUTES FOR SEPT. 18, 2024 9:00 A.M. Board of County Commision Chambers Collier Government Center 3299 Tamiami Trail East 3rd Floor Naples, FL 34112 Stephen M. Jaron, Chair Jerry Jerulle, Vice Chair Matthew Nolton Robert P. Meister III arrived 9:03 a.m. Richard E. Joslin, Jr. Kyle E. Lantz Todd Allen ALSO PRESENT Timothy Crotts, Collier County Code Enforcement, Division of Contractor Licensing Ron Tomasko, Attorney for Collier County Patrick Neale, Attorney for the Board Ryan Cathey, Code Enforcement Officer Timothy Broughton, Collier County Inspector NOTICE: All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Division located3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112-5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Division. 1. ROLL CALL 2. ADDITIONS OR DELETIONS NONE 3. AGENDA ● Motion to approve Agenda by Mr. Joslin ● Mr. Lance seconded ● Motion passed 6-0 4. APPROVAL OF MINUTES 4A. August 21, 2024 ● Motion to approve Minutes by Mr. Joslin ● Mr. Jarren seconded ● Motion passed 6-0 5. PUBLIC COMMENTS NONE 6. DISCUSSION ● 2 changes to meetings in 2025 ● Jan. 15 meeting will be Jan. 22 ● Aug. 15 meeting will be Oct. 22 7. REPORTS NONE Chairman Jarron acknowledged the arrival of Robert Meister 9:03 a.m. 8. NEW BUSINESS 8A. Ury Estimable_Profusion Tech LLC_Review of Experience Not Present 8B. Arben Xhaferri_Beloma Enterprise Inc_Review of Experience and Credit As part of the review process by staff, the applicant has submitted the following verification of experience documents and these documents show the following; all of the experience documentation submitted was in a non english format and staff has been unable to verify any of the information regarding the time and trade and the scope of work. With regards to submitting a document for Magnolia Pool and Spa which is a certified pool contractor, Harry Geller is the qualifier. He was employed from 4/22 of 24 to present, which is five months. Scope of the work was described by the qualifier as typical pool service and repair, including filter repair and low voltage repair. Based upon the information received, the staff's opinion that the applicant does not meet the minimum requirements that set forth at ordinance 2000 646 as it relates to the experience and time required in the trade under section one six 2.9 as a swimming pool, spa service and repair contractor. With regards to credit as part of the application process under the county audits 2646 section two 3.9, the applicant was required to submit a personal and business credit report. The applicant's personal credit report was reviewed and appears not to meet the financial responsibility as set forth in section two 5.1 subsection d. The applicant or qualifier meets the requirement for financial responsibility as set forth in rule 61 G 415.006 of the state of Florida. A review of the personal credit report submitted by the applicant shows the following area of concern that the applicant's personal credit score was rated as a zero based upon the credit information received. The applicant does not meet the minimum requirements as set forth in August 2016 as it relates to financial responsibility regarding his credit based upon the following because the applicant does not meet the requirements under order 2000 646 for experience and financial responsibility, the applicant is being referred to the board under section two 5.2, referral of the application to the contractor's license for decision. And the applicant is here to answer your questions regarding his experience and credit. Chairman Jarron ● Can you give us some background info on yourself? It looks like you lived in Italy. Is that where you're from? Originally, I was born in Albania, but when I was 16, I went to Italy and did this job for 30 years, more than 30 years. Mr. Beloma ● In Italy, I built. I had my company. I built commercial pools, big pools. But here I just want to do residential pools. Chairman Jarron ● You are looking not to build? Mr. Beloma ● Not to build. Mr. Joslin ● Convince me you can maintain a pool. Mr. Beloma ● I change pump, heaters, panel, acid control, everything I do for Magnolia Pools. ● Before I was with another Company, Pool Troopers but they paid less. Chairman Jarron ● Your credit score is 0. When you worked in Italy how did you purchase materials? Mr. Beloma ● In Italy we don’t use credit scores. Todd Allen ● I have firm belief that he can do his job in Florida, not in Italy. So I've read page 51 through 55 I think it is. And I think that establishes sufficient experience. So Mr. Chair, I'm going to make a motion that we approve the license with a twelve month probation and adopt the County's recommendation with regard to his credit score ● Matthew Nolton seconded the motion ● Motion passed 6-1 with Mr. Joslin opposed 8C. Beatriz Remedios Blanco_K&T Floors Corporation_Review of Credit Timothy Crotts ● The applicant or qualifier meets the requirement for financial responsibility as set forth in rule 61 G 415.006 of the state of Florida. A review of the personal credit report submitted by the applicant shows the following area concerned that the credit report submitted shows a credit score of 618, the minimum required by rule is 660. There are no past due or collection amounts shown on the report based upon the information received, the applicant does not meet the minimum requirements as set forth in ordinance 2000 646 as it relates to financial responsibility. Because the applicant does not meet the minimum requirement required. Credit score by rule, the applicant is being referred to the board under section two 5.2 referral the application to the Contractors Licensing Board for a decision and the applicant is here today to answer your question regarding her credit and staff does have a recommendation. Beatriz Blanco ● I made some mistakes buying cars. Some friends recommended an agency for credit repairs. So I'm gonna also work on that, too, if you guys can give me the chance to get the license. Because I do this for a living with my husband, and we do a really good job. We have the recommendations also. Todd Allen made to motion to approve the credit requirement Matthew Nolton seconded Motion passed 7-0 5 minute recess 8D. Ramon Garcia_Universal Painting of Naples LLC_Review of Credit Not present 9. OLD BUSINESS NONE 10. PUBLIC HEARINGS Motion was made to open Public Hearings Mr. Jerrule seconded Motion passed 7-0 10A. Duane O. Thomas_Duane Thomas Marine Construction LLC_CEMIS20240003645 Neil Snyder, Attorney for Duane Thomas is citing the ordinance requiring 3 consumer representative members which are not presently on the Board. Todd Allen ● It's very specific that if the trades, and again, I'm reading directly from the ordinance, Mister Snyder, I think that the point is you're saying that there has to be three spots reserved for consumers, and we're not disputing that. I think the statute and the code you're referencing says that it has to be composed of those trades and consumers. We're not staffing this board with more contractors than consumers. And the statute and the code is completely silent on vacancies. And I don't think you can read into the statute or the code that this board is unable to operate because there are vacancies. Timothy Broughton, Collier County Inspector ● I have a brief opening statement. The respondent, Mister Duane Thomas, Collier County licensed marine seawall dock construction contractor with issuance 24326, is the qualifier, and owner of Dwayne Thomas Marine Construction LLC. On January 5, 2024, Mister Duane Thomas of Dwayne Thomas Marine Construction LLC, entered into a contract with Mister Christopher Hennessy, property owner, to install a six foot privacy fence around all sides of his home to the water's edge at 1391 Salvador Court on Marco Island, Florida, for the cost of $70,500. ● An initial payment of $50,000 was made payable to Dwayne Thomas Marine Construction, LLC by personal check on January 10, 2021. Mr. Thomas is the holder of a Collier County license for marine seawall and dock construction contractor. Mr. Thomas entered into a contract and received a deposit from the homeowner for the installation of a fence at 1391 Salvador Court, Marco Island, Florida. Mr. Thomas's certificate of competency does not allow for the installation of offense. Mr. Duane Thomas is in violation of the Code of Laws and Ordinances of Collier County section 22 2012, which states in pertinent part that it is the misconduct for the holder of a Collier County certificate of competency to contract to do any work outside the scope of his or her competency as listed on his or her competency card and as defined in this ordinance or as restricted by the contract licensing board. Chairman Jarron ● Do we have a motion to accept the packet ● Matthew Nolton seconded ● Motion passed 7-0 Neil Snyder ● Because we provided copies of the motion to dismiss to this board, I wanted to make sure that the board has had a chance to review it. ● As we state in our motion, the respondent is the holder of a marine seawall and dock construction contractor certificate of competency issued by Collier county and is the license holder of Dwayne Thomas Marine Construction, LLC. The administrative complaint alleges the respondent contracted outside of a certificate of competency by accepting funds from a homeowner for the construction of offense violation of Collier County Ordinance section 22 212. Certainly there's no argument there. Terry Jerrule ● My question was, does he have a license to install a fence? And you said no. My next question was, was he paid to install a fence? And I believe the answer was yes. It sounds like you just admitted guilt. Todd Allen made the motion to accept the finding of guilt and move on to the penalty phase. _______________________seconded the motion Motion passed 7-0 ● Motion to close the public hearing made by Matthew Nolton ● Richard Joslin seconded ● Motion passed 7-0 ● Todd Allen made the motion to adopt into evidence the stipulated settlement agreement and agreed was with Kevin A. Newton. The accompanying administrative complaint against Kevin A. Newton, the discipline history for Collier County, and then the discipline history for Marco island into evidence. ● Richard Joslin seconded the motion ● Motion passes 7-0 Timothy Crotts ● Dwayne Thomas Marine Construction has 69 records showing expiration ranging back as far as 2012. And Mister Thomas currently has 103 active issue permits on record with the City of Marco ranging back as far as 2013. ● County is going to recommend a fine of $10,000. The fine to be paid within 60 days. Failure to pay the fine within 60 days would result in the automatic revocation of the respondents license. ● That the respondent be replaced on 24 months probation, that the respondent be required to retake the business and law exam within 60 days. Failure to take and pass that exam within 60 days would require the respondent to appear back in front of the board for further disciplinary action and that the permit pulling privileges for the respondent be suspended for a period of six months. After six months, then the respondent may petition the board to have the permit pulling privileges reinstated. The reason I'm going with permit polling privileges and not the license is because the fact that we know that he has at least 103 active permits, and by taking the license, I do affect the homeowners of those permits. But I think he needs to concentrate on getting the business back in order. ● Dealing with the 103 active permits and by giving him a six months ability not to be able to pull further permits would help him achieve that. Todd Allen makes a motion to adopt the County's permit of recommendation. Richard Joslin seconded. Motion passed 7-0 Chairman Jarron 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. ● Number one, service of the administrative complaint and notice was legally and sufficiently provided and in compliance with the applicable law. ● Number two, the respondent is the holder of the license as set forth in the administrative complaint. ● Number three. The respondent was present at the hearing and was represented by counsel. ● Number four. The board has jurisdiction over the respondent and subject matter raised in the administrative complaint. ● Number five. The respondent committed the violations at set forth on count one of the administrative complaint. Therefore, by a vote of seven in favor and zero opposed, the respondent is found guilty of the violations as set forth in count one in the administrative complaint, and the board imposes the following sanctions against the respondent. ● A fine of $10,000 payable within 60 days. 60 days fee. To pay the fine within 60 days would result in the automatic revocation of the license. Okay. 24 month probationary period, retake the business and law portion of the exam within 60 days and pass. ● Failure to complete that task within 60 days would require the respondent to appear back in front of the board for an explanation. And finally, permit pulling privileges will be suspended for six months. This concludes the order of the board and this matter. 10 minute recess Chairman Jarron Motion to open public meeting Terry Jerrule seconded Motion approved 7-0 10B. Nova Homes Of South Florida INC_Maharai Dacosta_CEMIS20240004396 Kerry Goggin, Attorney for Mr. Costa and Nova Homes ● The notice of hearing, pursuant to section 22 202, disciplinary proceedings requires that the name of the complainant, the date of the commission of the alleged offense, as well as the ordinances, et cetera, et cetera, having been violated, be spelled out in that notice. Significantly to this particular hearing, the date of the offense has been omitted. Doug Sposito, Deputy Building Official for Collier County ● The building official gave Nova homes 30 days to comply with submitting revisions to the plans that should have been submitted while the building was open. ● It was found that there were significant structures, structural changes to that house that required revisions. We issued a letter saying we were going to revoke the CO to give the parties an opportunity to complete it. It was 30 days. It was spelled out in that letter. And the letter also stated that if within 30 days, those revisions were not submitted and that co reissued that additional code, action could be taken. ● 30 days passed. We did not hear any comments, contact from. From the contractor whatsoever. Not asking for continuation, not asking for additional time. We heard nothing. ● At that point. The building official sent a letter to Mister Crotz in code saying, I believe this is now a willful violation. They failed to respond to my order, and then code took it from there. ● An email letter. I have a copy of it here. Was June 17. Matthew Nolton ● So we can re notice and say the date is July 17. But the complaint came in in May, right? May 13. Is that correct? So, yes, if you would like me to go back to the timeline, I can explain the whole process. ● So the first contact with this issue was in May, correct? Well, either way, though, what I'm hearing is that it might have been possible to give a date. It's not arranged, is what I'm hearing. Whether it was at the end of the 30 days, and I'm making it up. It was July 14, 2024. ● We could have noticed a date. Or if it was at the time of the complaint, we could have noticed a date. And what I'm understanding from the ordinance is that's what we're supposed to do, and it doesn't give us any other verbiage. So I'm not sure that we complied with that right. Timothy Crotts We could certainly re notice, and we could be back here next month, and we would be doing the same thing we're doing today, but legally, that would be up to the Board. ● Todd Allen made the motion to re notice for the next meeting ● Richard Joslin seconded ● Motion passed 5-2 10C. Titan Solar Power FL INC_Christopher Lowe Verner_CEMIS20240004947 Matthew Nolton motioned to open the hearing Richard Joslin seconded Motion passed 7-0 Mr. Boggert I would like to enter the evidence packet for case number 20 413. Chairman Jarron Do we have a motion to accept? Motion to accept a packet by Richard Joslin Seconded by Chairman Jarron Motion passes 7-0 The Board can proceed with the hearing and issue a judgment and sanctions in the absence of the violator as long as proper notice has been given. Wednesday October 16, 2024 Commissioners' Chambers, Third Floor, Administrative Building F, Collier County Gov't Center, 3299 E. Tamia Trail, Naples, FL There being no further business for the good of the County, the meeting was adjourned at L0:58 a.m. Collier C nty ntractors' Licensing Board S phen J on, Boa rd C an These minutes were approved by the Chairman of the Contractors' Licensing Board on (check one) as submitted _ or as amended _. 1.1.Next Meeting Date CASE NUMBER:b&9{ z''t ^ o( 1, Public Hearing Procedures ofthe Collier Countv Contractor Licensing Board The Hearing wlll be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamental fairness and due process shall be observed and shall govern the proceeding. lrrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence ofthe type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The genera I purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. Once the County has closed its Case in Chiel the Respondent may present his/her defense and may call witnesses and do all the things described earlier, that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. 1 2 3 4 5 6 7 8 9. 10. t 1. t2 13. 14 15. 16 77 18 19 20 The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. The Board will then close the Public Hearing and will begin its deliberations. Prior to the beginning of deliberations, the Attorney for the Board will give the charge similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. During deliberations, the Board can ask for additional information and clarification from the pa rties. The Board will then decide two different issues: (a) First, whether the Respondent is guilty of the offense as charged in the Administrative Complaint and a vote will be taken on the matter. (b) lf the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a summary of the Order to be issued by the Board. The summa ry will set forth the basic outline of the Order but may not be the exact same language as the Final Order. The Finalorder will include the full details as required under State law. Ne-rl *^q&t c<Y t4aat pf&'$a)*^ _.}{=. D,-ie"^< .-tf,ar5-r5 t\^c4 )1e Printed Name of Respondent q'tB'ZL. z Signature of Respo nde nt Date 2 CASE N U MBER:ZOL{./< Public Hearine Procedures of the Collier Countv Contractor Licensins Board The Hearing will be conducted pursuant to procedures set out in Collier County Ordinance #90- 105, as amended, and Florida Statutes Chapter 49. The Hearing is quasi-judicial in nature. The formal Rules of Evidence will not apply. Fundamental fairness and due process shall be observed and shall govern the proceeding. lrrelevant, immaterial, or inconclusive evidence shall be excluded but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct oftheir affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. The Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. The County then presents its Case in Chief, calling witnesses and presenting evidence. The Respondent may cross-examine these witnesses. Once the County has closed its Case in Chiel the Respondent may present his/her defense and may call witnesses and do all the things described earlier, that is to call and examine witnesses, to introduce exhibits, to cross-examine witnesses and impeach any witnesses regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, each party may present their Closing Statement. 1, 2 3 4 5 6 7 8 9. 10. lt. 72 1 13. 1,4 The County will have a further opportunity to rebut after the conclusion of the Respondent's Closing Statement. The Board will then close the Public Hearing and will begin its deliberations. Prior to the beginning of deliberations, the Attorney for the Board will give the charge similar to a Charge to a Jury, setting out the parameters upon which the Board can base its decision. During deliberations, the Board can ask for additional information and clarification from the parties. The Board willthen decide two different issues: (a ) First, whether the Respon de nt is gu ilty of the offe nse as cha rged in the Ad m inistrative Complaint and a vote will be taken on the matter. (b) lf the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board concerning the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. After the two matters have been decided, the Chair or, in his/her absence, the Vice Chair, will read a summary of the Order to be issued by the Board. The summary will set forth the basic outline of the Order but may not be the exact same language as the Final Order. The Final Order will include the full details as required under State law. 15 16. 77. 18. 19. 20. ,r/*t,Z A&./ bt qt Printed Na spondent Signatu of Respondent 2 ,,/r/u Da te