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CLB Minutes 12/18/2024 Draft COLLIER COUNTY CONTRACTORS LICENSING BOARD DEC. 18, 2024 – 9:00 a.m. Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor, Naples, FL 34112 Stephen M. Jaron, Chair Terry Jerulle, Vice-Chair Matthew Nolton Robert P. Meister, III (absent) Richard E. Joslin, Jr. Kyle E. Lantz Todd Allen Jennifer Cassidy OTHERS PRESENT Patrick Neale, Attorney for Contractors Licensing Board Ryan Cathay, Code Enforcement Ronald Tomasko, Attorney for Collier County Timothy Crotts, Collier County Code Enforcement Division of CLB Michael Bogert, Collier County Licensing Investigator Doug Sposito, Deputy Building Inspector Fred Clum, Chief Building Inspector Cary Goggin, Attorney for Maharai Dacosta Any person who decides to appeal a decision of the Tourist Development Council will need a record of the proceedings 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, Neither Collier County nor the Tourist Development Council shall be responsible for providing this record. 1. ROLL CALL Timothy Crotts, Collier County Code Enforcement, Div. of Contractor Licensing I would like to introduce Jennifer Cassidy. She has been appointed by the City of Naples and confirmed by the Collier County Board of County Commissioners as the representative consumer for the City of Naples. Welcome Ms. Cassidy to the Board. 2. ADDITIONS OR DELETIONS Timothy Crotts Staff is going to remove item 8C under new business. The applicant was able to get the required credit score so that will be removed. 3. APPROVAL OF AGENDA Kyle Lantz made the motion to approve the Agenda as modified Terry Jerrule seconded Motion passed 7-0 4. APPROVAL OF MINUTES A. OCT. 16, 2024 Matthew Nolton made the motion to approve the Minutes Todd Allen seconded Motion passed 7-0 5. PUBLIC COMMENTS Timothy Crotts No Public Comments but we will have a public comment under item 9 Old Business. 6. DISCUSSION A. Rescind emergency certificate of competency order Timothy Crotts The Board approved the issuance of a proclamation for the issuance of emergency certificate of competencies. That was good for a period of 6 months or until the State of Emergency was rescinded by the County or that the Licensing Supervisor felt that it was no longer needed. As of this date, the County has rescinded its order. We issued no new license. With the severity of Hurricane Milton at the time, there was not a need to issue new license. So, I would ask that a motion be made to rescind the Emergency order from October 16th. Chairman Jaron So, moved Terry Jerrule made the motion to rescind Todd Allen seconded Motion passed 7-0 B. Election of Chairman and Vice Chairman for FY 2025 Timothy Crotts These positions will take effect at the January meeting. I ask the Board for a nomination for Chairman for fiscal year 2025. Terry Jerrule made the motion to nominate Todd Allen Matthew Nolton seconded Motion passed 7-0 Matthew Nolton motioned to nominate Terry Jerrule as Vice Chair Kyle Lantz seconded Motion failed 3-aye, 4-nay Chairman Jaron motioned to nominate Kyle Lantz as Vice Chair Todd Allen seconded Motion passed 6-1 with Matthew Nolton against C. Introduction of Michael Bogert – Code Enforcement Supervisor (Contractor Licensing) Timothy Crotts I would like to introduce Michael Bogert who has been promoted to Code Enforcement Supervisor and will be overseeing Contractor Licensing. Michael Bogert I was a licensing investigator for the past 7 years. I did learn from the best, so, if it isn’t broke don’t fix it. Timothy Crotts Michael will be taking over my duties starting January, but I will be around to assist and answer any questions that the Board may have. 7. REPORTS None 8. NEW BUSINESS A. Reinaldo Diaz, 3D Construction Group LLC., Review of Experience Reinaldo Diaz is sworn in. Timothy Crotts • Mr. Diaz has submitted an application for the issuance of a license as a general contractor which requires 48 months experience. As part of the application process for the issuance of the general contractor's license, Mr. Diaz was required to submit documentation showing his experience. As part of the review process by staff, Mr. Diaz submitted the following verification of experience documents. • A review of these documents showed the following under the company DMI, which is a State Certified general contractor, Dan Malinowski, President. Date of employment as a 1099 for Mr. Diaz was from June 16 to December 2017 and it actually issued out to about 18 months. Mr. Diaz scope of work was that of a residential remodeling, some underground work, Supervisor of other employees. No experience on building condos or structures over three stories. • The next was Valentine Glass and Metal, which is a State Certified general contractor. Greg Valentine is the manager. Dates of employment from 2009 to 2014 as a full-time employee. The scope of the work was condo renovations, some remodeling of buildings over three stories and some iron work. Mr. Diaz was also a crew leader. The last one was Raytheon General Contractors, a local licensed general contractor. Rayba Hernandez was the license holder. Date of employment listed was from 2021 to June of 2023. The scope of the work listed was that as a supervisor of projects and ordering materials for jobs. However, staff was unsuccessful in verifying this information after several attempts were made to contact the license holder. • Based on the information received, it is staff's opinion that Mr. Diaz does not meet the minimum requirements as set forth in Ordinance 2006-46 as it relates to the experience as required in the Trade under section 1.6.1.1 as it relates to general contracting. • Because Mr. Diaz does not meet the requirements under Ordinance 200646 for experience, Mr. Diaz is being referred to the Board under section 2.5.2, Referral the applicant to the contractor's licensing board for decision and Mr. Diaz is here to answer your questions. Reinaldo Diaz I got here in 2005 and since then, I've been working construction. My name will not come up in one of those big projects because I never have the right certification for. But I've been working for different companies, groundwork all the way to remodel. So pretty much I'm the head of the company now, not the owner, but I'm running the company to get the project done in the right way. And if you look at it, it's been almost like 20 years. And that's what I've been doing all the time. On 2009, I take the chance to do my own house here. A Hurricane passed through and my home is still in there. So, means I didn't do that bad when I did it. And like I said, I've been working on constructions since 2005. I can reprint blueprints, I can run crews, I can order materials without issue. And that's how I've been doing for 20 years. So that's the experience I got. I got almost 20 years’ experience with work, just construction. I never do a high rise. Yes, I never because I never had the right qualifications, and I don't have the money either. But I'm pretty sure with the right qualification and the right people, they can help me out. I'm able to do it whatever I can. So that's what I think. I'm capable to have a GC license and with no issue and I'll be able to do whatever I can the right way. Chairman Jaron you understand this license is an A license. Reinaldo Diaz Yes, I do. And it allows you to do, you know, anything, high rise work, commercial work. I've been doing it for other people. So that's the way I take the decision to do it. Why I can do it for other people, and I can do it by myself. And that's why I step on and do all the past, you know, test and I pass all the tests be because that's what I want. Why I can go working for other people when I know the knowledge. I know how to do the work. Why I keep going for work for other people when I can do it by myself. So that's what I decide, apply for and do all the tests and take time to do it. Richard Joslin Are you really interested, Mr. Diaz, in doing commercial work or construction of high rise? Reinaldo Diaz Whatever comes, high rise, houses. Anything comes, you know, from the ground up. Richard Joslin How much experience have you had with doing pilings and grade beams. Reinaldo Diaz I know a little bit about it. I can do the diggings and all the stuff. I can do the blueprints and I’m not into pilings, but I can. Kyle Lantz So, you haven’t done much high-rise work or commercial. Reinaldo Diaz The Chase bank before up front to the right down on Fifth Street. We did in the house. We did in Aqua. We. BCB Homes, specifically. I help people to lay out rebars, do all the stuff and pour cements and that's how I've been doing all my life. Terry Jerrule Do you know the difference between post tension and Epicor? Reinaldo Diaz No. I know a little bit about it, and I know how they lay out all that. Terry Jerrule Do you know the difference between a driven pile and an agar cast pile? Reinaldo Diaz No. Chairman Jaron Mr. Crotts, staff will show that. That the applicant is withdrawing his application at this time. And what we will do is have another conversation with Mr. Diaz to make sure he fully understands what he needs to bring forward to the Board. B. Glen Montgomery, Premier Landscape and Pool Design, LLC (DBA) Affordable Handyman Services, Review of Experience Timothy Crotts • Mr. Montgomery has submitted an application for the issuance of a license as an aluminum contractor which requires 24 months experience. As part of the application process for the issuance of an aluminum contractor license, Mr. Montgomery was required to submit documentation showing his experience. As part of the review process by staff, Mr. Montgomery has submitted the following verification of construction documents. • A review of these documents shows the Gulf Coast Aluminum which is a State Certified specialty contractor for aluminum. • James, who was in sales, verified dates of employment from a 1099 were from May 20, 2023, to June 2023. One month. Mr. Montgomery scope of work was some repairs, no new builds. • Concepts by 26 degrees. Randy Phillips, President. This is a non-licensed company. Date of employment was as a 1099 for March 2023 to April 2023. One month scope of the work performed as an unlicensed contractor was resizing a door, replacing screens and reconfiguration of a superstructural screen cage. • Affordable Handyman. Michael Varney, President. Date of employment was April 2021 to April 2022, one year. Mr. Montgomery was a W2 employee. Scope of the work was shutter repair and installs, screen cage repair and installs and carport repairs and installs. • Based upon the information received, it is staff's opinion that Mr. Montgomery does not meet the minimum requirements as set forth in Ordinance 2646 as it relates to experience and time required in the trade under section 1.66, 3.1 as it relates to an aluminum contractor. Because Mr. Montgomery does not meet the requirements under Ordinance 2006-46 for experience and time and grade, Mr. Montgomery is being referred to the Board under section 2.5.2. Referral to the application to the contractor's licensing rule for decision. And Mr. Montgomery is here to answer your questions. Glen Montgomery • I purchased a Company, Affordable Handyman, from Michael Varney three years ago. He was in business in Collier for 26 years. I worked for him for a Year. He actually worked for me for an additional year after that as my employee, I worked under his license. 80% of what we do is screen work. • We do 18, 14, 20, 20 Pfeiffer, Florida Glass screening, no see ‘um screening. We'll change tap cons and lanais, repainting of lanais. We don't get involved in anything structural. • Everything structural that we've been doing, we've referred to Gulf coast aluminum. And I come from a background in the landscape field. I currently have a landscape license here in Collier County. I've been in the trade since 1987. Moved down here to Florida nine years ago and purchased a company from Michael working under his license. • Mr. Varney retired and moved to North Florida. Doug Sposito, Deputy Chief Building Official is sworn in Mr. Bogert checked and Affordable Handyman has cancelled their license. Glen Montgomery I didn’t realize that Mr. Varney cancelled the license. Doug Sposito You will need to get your business tax to do rescreening and that can be done today. Timothy Crotts Do you want to withdraw your application at this time? Glen Montgomery Yes. Timothy Crotts I would recommend that after we have a conversation with you and Mr. Varney, Mr. Bogert and I will explain to you what you really need to do in order to get this license to move forward. If you do get the aluminum license, it does allow you to do screen cages, pool cages and carports, and you need the experience to be able to build those. D. Ramon Garcia, Universal Painting of Naples Not present E. Paul Gearing Timothy Crotts • Mr. Gearing has submitted a second entity application for the trade of flooring contractor under the name of Mercado Stone Group Incorporated with a fictitious name of Mercado Stone. • Mr. Gearing currently holds a valid flooring contractor license from Collier County, which was issued in 2009 under the name of Gearing Hanger Carpet Incorporated. DBA of Gearing Floors. A review of the current license in Collier county shows that the license has no complaints against it. There have been no issues with reissuing and the company does hold the required insurances as required by ordinance and there are no credit issues. • Mr. Gearing is submitting the second entity application to qualify the company identified as Mercado Stone Group Incorporated. The fictitious name Mercado Stone for the aforementioned trade. There is no local license currently associated with this company at this time. A review of the division of corporations Sunbiz documents shows that Mr. Gearing is not listed as an officer of McArl Stone Group. Officers listed are Miranda Chicago, president of Shakira Miranda, Ann Conley and vice president of Miranda Dan. • As secretary, a resolution of authorization has been submitted listing Mr. Garrison as a partner of Mercado Stone. Mr. Gearing is here today to answer your questions regarding this second entity application. Paul Gearing I am currently licensed in Collier County, and I'd like to qualify the Cottage Stone Group until they can successfully get their own license. I've known the Miranda family for almost 20 years and worked with them on tile projects, but I have no arrangement with them. Patrick Neale If we were looking at it from the State using 49 to look at this in State rules is that in order for someone to be a qualifier, as the Board certainly knows, they have to own either 20% of the company or be paid on a W2. Other than that, they really would be very, very hard for them to show that they have the authority to act as a qualifier because the State does look at what we do because we're under their rules. If they were able to have a financially responsible officer, which we don't have that provision in our ordinance. If you had a financially responsible officer, then they wouldn't need check writing privileges, but they'd still have to be a W2 employee, 20% owner. Kyle Lantz If he were to become an officer of the corporation and then have a letter signed by the owner, I would suggest that he would be adequate to show that he has authority to act for the company in all matters related to contracting. Timothy Crotts Staff will work with Mr. Gearing, making sure he gets the right documentation. 9. OLD BUSINESS A. Nova Homes of South Florida Inc., Maharai Dacosta, CEMIS20240004396 PUBLIC COMMENT Monica Gato is sworn in and allowed 3 minutes plus 3 minutes for Mr. Gato. We hired Horizon to x-ray where the footing should be and submitted it to the County. I don’t trust any of the crews that Frank Arcia sends to my house. Doug Sposito We opened the plan permit back up and asked for revisions so that the as built conditions would match the submitted plans. We issued the revision; it was approved and now they’re in the inspection process. The work being covered requires affidavits of inspections by a registered or licensed engineer, architect. The first round of submissions of those documents were rejected and we’re waiting for revised affidavits of inspections. Kerry Goggin on behalf of Nova Homes and Ms. DaCosta. We have the revised documents and as discussed with the County just prior to this hearing, are not able to submit them due to the engineer not any longer allowing his permission to do so. I would like to present to the Board a letter from Gene Wainscott that was received as of this morning which is indicating that they will no longer be involved with this project due to owner contact. We are requesting an extension of 60 days to obtain a replacement engineer, which is Cronin. Timothy Crotts • I’m just trying to think of the homeowner wanting to get this done and where that we have an engineer, Cronin, who is already responsible and knows what the work was done. They've entered into a contract with this engineer. I think this helps expedite. • If there is corrective work that will not be done in 30 days and if they cannot get it done within 30 days, they could come back and ask for an additional 30 days if need be. • But I think there has to be a flame held underneath the feet of the contractor to get this done. • I would like to bring them back every 30 days until this is done. I mean we have to sort of supervise this until it's fixed. • So, the recommendation from staff would be to give them a 30-day extension. They have 30 days from today's date to finish and CO the permit with this property, their license will remain under suspension. If they fail to do this within 30 days their permit pulling privileges will be revoked and the Board would order that the findings after the 30 days be sent to DBPR with a request for action against their license. And before the 30 days is up, they will have the opportunity to submit for additional time in front of the Board which means they would have to reappear. Todd Allen motioned to accept the recommendation Terry Jerrule seconded Motion passed 7-0 10. Chairman Jaron 10-minute break 11. PUBLIC HEARINGS A. SF Sutter, Builder, LLC, Stephen Francis Sutter, CEMIS202400007501 Mr. Sutter was sworn in Michael Bogert Matthew Nolton motioned to accept the packet Richard Joslin seconded Motion passed 7-0 Michael Bogert Stephen Sutter issued a fraudulent CO. Stephen Sutter An employee, Erik Motley, was given entrance to my portal and he fraudulently issued a CO which I in turn gave to the homeowner. He has been terminated. I admit guilt, although unknowingly. Todd Allen motioned to adopt the admission of guilt Matthew Nolton seconded Motion passed 7-0 Richard Joslin motioned to open the public hearing Matthew Nolton seconded Motion passed 7-0 Timothy Crotts The County does have a recommendation is that we give the respondent 30 days to get the property CO’d. That would also give him time to make sure that the gas permit gets extended and gets inspected. Failure to do it with within 30 days would result in an automatic suspension of his permit pulling privileges and silage until such time that the CO is issued. Todd Allen motioned to adopt the recommendation Richard Joslin seconded Motion passed 7-0 Chairman 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 the 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 Council. The Board has jurisdiction over the respondent and subject matter raised in the Administrative Complaint. The Respondent committed the violations that set forth in count. Are there two counts? Is that correct or singular? Just one count. As set forth in count one of the Administration 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. You'll have 30 days to CO the property. The gas permit must be completed. A failure to complete within 30 days that your permit pulling privileges will be suspended until such time the CO is issued. B. Barak Bauer is sworn in Todd Allen motioned to open the public hearing Terry Jerrule seconded Motion passed 7-0 Greg St. Jean, Kaya County Contract Licensing Investigator A copy of the hearing preamble was given and read by the respondent. He has initialed and dated the copy. Matthew Nolton motioned to accept the preamble into evidence. Todd Allen seconded Motion passed 7-0 Greg St. Jean • The respondent, Barrett Bauer, a state licensed mold remediator, license number MRSR2028, is the owner of Advanced Restoration and Mold Remediation. Mr. Bauer contracted for, received payment and performed exterior renovations at Fort 4616 and 4648 Golden Gate Parkway. That included demolition of windows, reinstalling windows, removal of vinyl siding and reinstalling Hardie board with PVC trim and rebuilding each window box of the windows he removed and installed. • A search of the Collier County City View licensing database in the State of Florida licenses licensing database yielded no license for any scope of work. Mr. Bauer is in violation of Florida Statute 48912 7.1 and the Collier County Code of Laws and Ordinances, Section 22 181, Section A, which states in pertinent part that it is unlawful for any person, firm, partnership, corporation or other legal entity to engage in any construction contracting business, advertise or represent himself or business organization as available to engage in any construction contracting businesses. • Mr. Bauer is also is in violation of Collier County Code of Laws and ordinances section 22.181, section B, subsection 1, which states in pertinent pot that no billing permit shall be issued for the construction or alteration or repair of any structure unless the applicant for the permit possesses a currently a current county or city certificate of competency, an applicable State certified license or is exempt from the operation of this article. Barak Bauer I do the mold remediation as was stated, and I work for Structure One, which is the building contractor that we did the work under. We pull permits were Structure One. I am employed as a W2 employee as well as all the people that worked on the exterior under Structure One and we thought we were doing the right thing. Todd Allen So, you knew that as the checks came in that you were contracting without a license, right? Barak Bauer Well, no, I knew that I was putting that into the Structure One work, and I didn't know that that could not be done that way. Todd Allen It didn't occur to you that, hey, they're writing checks to my Company, and I'm not licensed to do that. You should be writing it to Structure One? That didn't occur to you. But you just deposited the checks and then, and then did everything still through Structure One? Barak Bauer I took care of all the, the payroll, everything with that money. Todd Allen Is there anyone from Structure One here? Charles Kunstler is sworn in Terry Jerrule Did you pull permits for this project? Charles Kunstler I did not pull the permits, and I do not remember signing the notarized contract. I was in Oregon and remember speaking to Mr. Bauer and he sent me a copy of the notary for the permit. It kind of looks like my signature but I don’t remember because it’s been a long time ago. I don’t remember signing it. Todd Allen motioned to uphold the citations Terry Jerrule seconded Motion passed 7-0 Todd Allen motioned to close the public hearing Kyle Lantz seconded Motion passed 7-0 11. NEXT MEETING DATE Wednesday, January 22, 2025 There being no further business for the good of The County, the Contractors’ Licensing Board meeting was adjourned at 11:28 a.m. COLLIER COUNTY CONTRACTORS’ LICENSING BOARD _________________________________________ Chairman Stephen Jaron The Minutes were approved by____________________________________ Chairman Stephen Jaron as presented___________________ or amended____________________