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CLB Minutes 08/21/2024p August 21,2024 Contractor Licensing Board Contractor Licensing Regular Meeting Naples, Florida August 21,2024 LET IT BE REMEMBERED that the Collier County Contractors’ Licensing Board, having conducted business herein, met on this date at 9 a.m. in REGULAR SESSION in Administrative Building F, 3rd Floor, Collier County Government Center, Naples, Florida, with the following members present: CHAIRMAN: Stephen M. Jaron VICE-CHAIR: Terry Jerulle Matthew Nolton Robert P. Meister III Richard E. Joslin Jr. Todd Allen ALSO PRESENT: Patrick Neale, Contractors’ Licensing Board Attorney Timothy Crotts, Contractor Licensing Supervisor Ronald Tomasko, Assistant County Attorney Ryan Cathey, Operations Supervisor, Licensing Timothy Broden, Collier County Licensing Investigator Michael Governale, Collier County Licensing Investigator August 21,2024 Any person who decides to appeal a decision of this board will need a record of the proceedings and may need to ensure that a verbatim record of said proceedings is made, which record includes the testimony and evidence upon which any appeal is to be made. 1. Roll Call: Chairman Stephen Jaron called meeting to order at 9:00a.m. Roll call was taken and quorum of 6 was established. 2. Additions or Deletions: No additions or deletions 3. Approval of Agenda: Agenda approved unanimously 6-0 4. Approval of Minutes: No minutes to approve 5. Public Comments: No public comments 6. Discussion: No discussion 7. Reports: No reports 8. New Business: A. 29717 : Armando Martinez, AGM General Contractor Mr. Crotts stated that Armando Martinez was waiting downstairs for his attorney. B. 29718 : Daisy Jarery Quezadas Avalos, M&D Professional Plastering Mr. Crotts stated that she is running late C. 29726 : Keaton Curtis Allen Stewart, All Shutters Pro LLC Mr. Curtis was not called D. 29727: Anthony J. Dimech, R&A Plumbing Contractors INC Mr. Dimech is sworn in. Mr. Crotts explains that the respondent is in attendance due to an application submitted, as a plumbing contractor. This requires a minimum credit score of 660. He was required to submit a credit report and that report did not meet the financial responsibility. The report shows a score of 628. There was 1 charge-off that was payed in full. He is being referred to the board as a result of not meeting this financial responsibility. August 21,2024 Chairman Jaron asked Mr. Dimech to give some background on his credit and some of the credit issues he has had that have held his score back. Is there one thing in particular? Mr. Dimech explains that the only time he used his credit was when he was younger and using it irresponsibly. In recent time, he has not used it. He has zero credit cards, and zero credit debt. He became aware that if it goes unused, it depletes. He then went to his bank to request assistance in raising his score, which lead him to having a credit card again. Since he did this, his score increases every month. He is doing what he can to improve this financial responsibility. Mr. Timothy Crotts states that Mr. Dimech does not have any delinquencies. He only had a charge-off that was paid in full. The staffs recommendation is to issue a license with the condition that the license be placed on a 12 month probationary period. That the respondent submit a new personal credit report before the end of the 12 month probationary period, that shows a credit score of at least 660, and with no credit issues. If at any time, during the 12 month probationary period he submits a credit report of 660 with no credit issues, the licensing supervisor may remove the probationary status. Mr. Todd Allen motions to document staffs recommendation. Motion passes unanimously 6-0 Chairman Stephen Jaron calls Armando Martinez again. Armando Martinez is now present with his attorney. Mr. Robert B., Mr. Armando Martinez's attorney speaks and wishes to turn in some paperwork. Mr. Armando Martinez is sworn in. Mr. Timothy Crotts states that the packet that was turned in will not have any bearing on the staffs decision, as they did not have an opportunity to review it ahead of time. It will be up to the board whether to accept the packet or not. Chairman Stephen Jaron asks why it was turned in this late. Mr. Robert B., responds by stating that he was retained on Friday and all of the information had to be put together. Much of the information, Mr. Martinez had to attain on his own. He then goes on to say, that he doesn’t understand the issue. Mr. Martinez was issued a license 5 years prior and that license had a restriction stating – no commercial structural work. Mr. Todd Allen responds stating that it is because he doesn’t have the experience in that particular area of the work. Mr. Timothy Crotts recommends to allow the staff to present its findings on why this is here to begin with. August 21,2024 A suggestion is made to return with Mr Martinez next month, as to give time to review the packet. Chairman Stephen Jaron suggests hearing what the county's side is before doing that. Mr. Timothy Crotts clears that Mr. Martinez is present today because he was issued a license as a general contractor restricted to ‘no commercial structural work'. Due to an inquiry, the Collier County intake department learned that Mr. Martinez was working as a general contractor with a restricted license, and he had submitted an application where structural work was going to be performed. Board members ask Mr. Timothy Crotts questions regarding work done and licensing specifics. Discussion continues. Mr. Armando Martinez speaks about his scope of experience, reputation and demographic span. Mr. Robert B. speaks to note that there are a number of people in the room to verify his quality of work and capabilities. He goes on to discuss that Mr Martinez never did any structural commercial work. Mr Armando Martinez states that all work done on condominiums was interior remodeling. Mr. Timothy Crotts states that he wanted to have the board review this because it didn’t make sense as to why the license was issued with this particular restriction, especially as a general contractor. He wanted the respondent to appear before the board so that they can review the facts of how the license was issued and make a determination of whether this is the correct license or there is a different license needing to be issued in it’s place, that will put Mr. Martinez where he wants to be, to do the work. Mr. Timothy Crotts confirms that he wishes to change Mr. Martinez’s license from a GC to a Building, but still with restrictions. Mr. Martinez’s scope of work still doesn’t include him building a condominium. His focus of work has been on remodeling and the interiors of condominiums, and single family homes. Mr. Armando Martinez speaks for himself. Mr. Robert B asks the board if they will entertain taking testimony from people attending in support of Mr. Martinez. Chairman Stephen Jaron asks about Mr. Martinez's credit when his license was first issued, and why it was not an issue at the time. Mr. Richard Joslin asks about why he wasn't issued a license with a full scope, back then. Mr. Timothy Crotts states that there was no explanation given. August 21,2024 Mr. Patrick Neale makes a suggestion. He states that if the board is considering making a substantial change to Mr. Martinez's license, then he should be allowed to put on his full case. Mr. Todd Allen asks Mr. Neale, is there any authority in the code to revoke a license? Mr. Patrick Neale responds by stating that as far as he knows, there is no authority in a code to revoke a license without a full blown hearing with proper notice. He suggested that the authority does not exist in this proceeding to revoke, modify or change a license from a GC to a Building license. Mr. Todd Allen responds by stating that even if they would go through a full blown hearing, there is no license violation, under the license as it currently exists today. Mr. Timothy Crotts suggests that the simplest thing to do would be to bring this case back next month, as a hearing, allowing the board some time to then review the packet that was submitted. Then, at that time bringing forward Mr. Martinez's witnesses to show the work he has done. Mr. Patrick Neale then suggests taking testimony today, since Mr. Martinez brought so many people here. Mr. Todd Allen calls a motion to leave the license of Mr. Armando Martinez as it is. Mr. Terry Jerulle states that he tends to agree, but has a question regarding structural work needing to be done, in order to remodel. The board discusses making changes to the wording of his license limitations, to accommodate discrepancies. Mr. Patrick Neale speaks on the legality of changing the wording. Chairman Jaron motions to second the motion to leave the license as it is. Motion passes unanimously 6-0 Mrs. Daisy Jarery Quezadas Avalos is called forward again and sworn in. Mr. Timothy Crotts speaks about Daisy Avalos and the reason why she is present today. She does not meet the financial requirements expected. The minimum credit score is 660 and her score is at 584. Based upon this she has been referred to the board. The staff does have a recommendation. Chairman Jaron asks what the movement is on her credit. He asked if it is improving or declining. Mrs. Daisy Avalos states that she wasn’t able to continue paying her bills when she had a child. She has a student loan that was at $18,000, and now at $9,000 that is affecting her credit score. She is not working because she is taking care of her children so she is paying the minimum every month. She also had 2 collections from the August 21,2024 hospital because she was ill last year. If she gets the license she wants to expand the business. Mr. Terry Jerulle asks her what her plan is, and also asks specifics regarding her work. Mr. Todd Allen asks what staff recommendation is. Mr. Timothy Crotts responds by stating that staff recommends that the license be granted on a 12 month probationary period. Mrs. Avalos will be required to submit a new credit report before the end of the 12 month probationary period, showing a credit score of at least 660 and no new credit issues. If the requirements are not met, she will be required to return back in front of the board for a continuation of the probation. If she can submit information at any time during the 12 month period stating that her score is at 660 or above, and no new credit issues exist, the licensing supervisor may remove the probationary status. Mr. Terry Jerulle asks Timothy Crotts about what is Mrs. Avalos is allowed to do with her license. He then clarifies with Mrs. Avalos what she is allowed to do. Mrs. Avalos talks about what she learned to do in school, and how it differs from the license. Mr. Todd Allen motions to adopt the county's recommendation. Motion passes unanimously 6-0 The board and suggested she gets a drywall license, in order to be able to do the work in it's entirety, with the proper documentation. Mr. Timothy Crotts gives her information on how to go about the next steps. 9. Old Business No old business 10.Public Hearings A. 29715 : CEMIS20240003770 Kevin A. Newton_Classified Access Control, LLC Kevin Newton is sworn in. Mr. Timothy Crotts has a stipulated settlement agreement. He asks to introduce a packet. Chairman Jaron asks if the county would like the introduce the administrative complaint. Mr. Todd Allen motioned to open the public hearing. Motion passed unanimously 7-0 Mr. Timothy Broden, Collier County Licensing Investigator enters signed packet for case #2024-06 into evidence. August 21,2024 Motioned entered to accept the packet. Motion passed unanimously 6-0 Mr. Timothy Broden presents stipulation where the respondent pleads guilty to all facts of the case. Mr. Patrick Neale suggests Mr. Timothy Crotts present the terms of the stipulation. At that point make a motion to adopt those terms as a finding of the respondent stipulating to his guilt in this matter, and then move forward to the penalty phase as you would normally do. If there’s a penalty, you would probably have to look a that as well. Mr. Matthew Nolton states that it looks like this might go into the other item that was postponed, and so would like to understand the facts of this. Mr. Timothy Crotts reads the stipulated facts. • Respondent admits to the allegation in the administrative complaint. The respondent should voluntarily pay a fine of $5,000 within 90 days of the stipulated agreement, and agreed order. Failure to pay within 90 days shall result in the license of the respondent being revoked. Respondent and the board agree that the respondent should be placed on a probation for a period of 24 months from today's date. In the event of any alleged allegations occurs subsequent to the date of this order, the respondent shall be notified about said violation, by the Collier County Licensing Supervisor, and the respondent shall be required to appear before the board for a hearing on this matter. After 18 moths from today’s date, the respondent may petition the court to wave the remaining 6 months of probation if no violations have occurred. The respondent should be required to take and pass with a score of at least 75%, the business and law exam, within 120 days from todays date. Failure to comply with this will result in the respondents license being placed in suspended status, and a reappearance before the board for an explanation. Chairman Jaron asks what the board has to do in this matter. More than one person Replies that the board still has to sign off on it. Mr. Todd Allen motioned to close the public hearing. Motion passed unanimously 6-0 Chairman Jaron confirms that item 10 B is postponed until September. This is confirmed Chairman Jaron calls a 10 minute break C. 29716 : Pablo A. Ramos_Coastland Marble & Tile, INC Pablo Ramos was sworn in. Mr. Timothy Broden introduced the administrative complaint. Requested packet signed by the respondent, be entered into evidence. August 21,2024 Chairman Jaron seconds the motion. Motion passes unanimously 6-0 Mr. Timothy Broden states that my Pablo Ramos entered into a contract with the homeowner Ms. Francesca Serbia to renovate her bathrooms to include plumbing and cabinetry for $11,400. An initial payment of $3,000 was made payable to Mr. Pablo Ramos by personal check on May 15,2024. A permit for the bathroom renovation was applied for by a licensed contractor, and paid for by Coastland Marble & Tile INC. Mr. Ramos certificate of competency doe not allow for the installation of plumbing and cabinetry. Mr. Pablo Ramos is in violation of code of laws and ordinances of Collier County section 22-2012. Mr. Pablo Ramos states that the contact did not include any cabinetry. He ended up removing the cabinetry and disconnecting the water to tile underneath. The actual valve was installed by a licensed plumber, but Mr. Ramos disconnected the water lines and removed the vanity. Admission of guilt from the respondent. Motion to close the public hearing. Motion passed unanimously 6-0 Todd Allen speaks regarding restitution for the homeowner. Mr. Patrick Neale responds suggesting speaking to the complainant if restitution is is going to be considered. Ms. Serbia is called to the podium and sworn in. Ms. Serbia explains in detail what was done, and not done in the remodel. The project was stopped because it wasn’t being done to specific standards. She had to repurchase material. She mentions not wanting to put Mr. Ramos in a financial hole, but she is requesting her deposit of $3,000, at the least. She would also like the cost of materials, but she didn't include costs for materials. Mr. Timothy Crotts shares the county's recommendation. He states that the county is asking for a fine of $2,000 be paid within 60 days. Failure to do so will result in an automatic revocation of the defendants license. The license will be placed on a 12 month probationary period. The respondent will be required to take and pass the business law exam within 90 days from this date, with a score of at least 75%. Failure to take or to pass the exam will result in the respondents license being suspended, and a need to appear in front of the licensing board for an explanation. Restitution to be granted to the homeowner in the amount of $3,000 to be paid within 60 days, or license will be revoked. Chairman Jaron requests a motion to approve the sanctions. Motion passes unanimously 6-0 Chairman Jaron goes over the agreed upon sanctions, as stated above. August 21,2024 Mr. Timothy Crotts tells Mr. Pablo Ramos the next steps to take in order to continue forward with the business law exam. D. 29713 : Carles Willey_Contesting Citations 12066 and 12067 Mr. Charles Willey was sworn in. Chairman Jaron motions to open the hearing. Motion passes unanimously 6-0 Mr. Michael Governale explains that a copy of the hearing preamble was given to, and Read by the despondent. He requests to enter the preamble and packet for both citations, into evidence at this time. Mr. Matthew Nolton motions to accept the package. Motion passes unanimously 6-0 Mr. Michael Governale proceeds to explain that the respondent, Charles Willey, owner of B&W Paving Contractors of Southwest Florida INC, contracted and received a $2,000 cash deposit for a parking lot re-asphalt and re-strike at Supreme Auto Collision. A licensing reviewer revealed that Charles Willey is not licensed in Collier County or the State of Florida for any trade type. Mr. Willey was issued citation #12066 for unlicensed paving Contractor - 2nd offense, and a citation #12067 for commencing work prior to an issued permit. Chairman Jaron asks Mr. Charles Willey if he has opening remarks. Mr. Charles Willey replies by stating that all he did was supply material for a job that he said he would do. He said he got the material, but never did the job. He had a company called Onyx that was going to do the job. He said that the client said that he had the ok from the city. Mr. Charles Willey denies ever seeing the invoice with his company name on it. Mr. Todd Allen questions Mr. Charles Willey regarding the invoice and states that he feels Mr. Willey is being disingenuous with the board. Mr. Charles Willey keeps stating that the job was never done, and that's the point. Mr. Terry Jerulle says that Mr. Charles Willey acted as a general contractor. Mr. Charles Willey denies acting as a contractor even though, according to the board, he Did what a general contractor does. Mr. Todd Allen calls to motion. Mr. Terry Jerulle asks if more is needed. August 21,2024 Mr. Todd Allen asks a few more questions, while Mr. Charles Willey continues to deny. Mr. Charles Willey calls the room a Kangaroo Court. Mr. Charles Governale reads a statement written n behalf of the opposing party. Mr. Patrick Neale speaks saying that the county has proven this case beyond a reasonable doubt, and there is nothing further to present, unless the board has any further questions. Mr. Timothy Crotts states that A&W still has portions of Collier County advertised as service areas, even though Mr. Chares Willey does not have the proper licensing for Collier County. Mr. Crotts wants to give him until the end of the week to change that. Mr. Charles Willey then states, “I’ve been fined for that before too". Mr. Patrick Neale requests this be on the record. Mr. Charles Willey feels singled out, in all of Collier County because this only happens to him. Motion of guilt passes 6-0 Mr. Timothy Crotts shares recommendations with the board. He states as follows: On citation #12066 for unlicensed the county will ask for a $2,000 fine. On citation #12067 for commencing work without a permit, the county will ask for a $2,000 fine. Mr. Todd Allen motions to close the public hearing. Motion passes unanimously 6-0 Chairman Jaron asks if the fines need to be paid in a certain amount of time. Mr. Timothy Crotts responds by saying that there isn't an option for a time restriction because he doesn’t have a license. The only thing the county can do is place a lien. He makes a change to his pervious statement. The county now recommends that if the Fines be paid within 30 days. If they are not, they will go into a lien process. Chairman Jaron motions to accept the sanctions. Mr. Todd Allen states that he doesn’t think it's enough. Mr. Timothy Crotts responds by stating that is the maximum. Mr. Todd Allen believed that Mr. Charles Willey will continue to do it. Mr. Timothy Crotts explains the degree of escalation if he continues. Mr. Todd Allen motioned to adopt the suggested penalty, Motion passes unanimously 6-0 Chairman Jaron speaks on finding despondent guilty. 1l.Next Meeting Date Wednesday September L8t 2024 Commissioners' Chambers, Th ird Floor, Administrative Building F, Collier County Gov't Center, 3299 E. Tamia Trail, Naples, FL Collier C nty C ntractors'censing Board Ste hen Ja ro , Board Cha an These minutes were approved by the Chairman of the Contractors' Licensing Board on (check one) as submitted _ or as amended _. August 21,2O24 There being no further business for the good of the County, the meeting was adjourned at 10:58 a.m.