Board Member Prince moved, seconded by Board Member Gates, to approve the excused absence for Board Member Colon (from the May 26, 2021 meeting).

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MINUTES OF THE CAPE CORAL

CONSTRUCTION REGULATION BOARD REGULAR MEETING

WEDNESDAY, May 26, 2021 PW Green/Room A200

Meeting called to order by Chair Joseph at 6:00 p.m. Board Attendance Review

(Moved before Roll Call)

6:00 p.m.

Chair Joseph asked for a motion to excuse Board Member Colon from the May 26, 2021 meeting.

Board Member Prince moved, seconded by Board Member Gates, to approve the excused absence for Board Member Colon (from the May 26, 2021 meeting).

Board polled as follows: Blot, Colley, Costa, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye. ¹¹All "ayes. ¹¹ Motion carried 10-0.

Roll Call: Blot, Colley, Costa, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair were physically present. Board Member Colon was excused.

Also Present: Hal Eskin, Attorney for the Board John Naclerio, Assistant City Attorney

James Mulligan, Code Compliance Supervisor Sean Dowd, Code Compliance Officer

Roberto Hernandez, Code Compliance Officer

Marice! Hernandez, DCD Senior Customer Service Representative Diane Oliver, DCD Customer Service Representative

Board Attendance Review (Moved before Roll Call)

REVIEW OF LICENSE APPLICATIONS AS PRESENTED FOR APPROVAL OR REJECTION

Chair Joseph performed the roll call of all the applicants and stated that the Board will identify which applicants would be further questioned.

Vice Chair Litterello moved, seconded by Board Member Prince, to approve the following license applications for:

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APPLICANT COMPANY NAME

Camarena, Gregorio GCR Marble & Granite LLC Morris, Alfredo A Morris Industries Inc. Morris, Alfredo A Morris Industries Inc.

Rahiem, Barry Barrv Improvements Group LLC Rosales, Antonio Infinity Pavers Design LLC Boyd, James JJNS Inc

Yucha, Stanley JJNS Inc Arruda, Thais A Ellus Floors LLC

Torres, Cesar Vassania Tile & Stone Designs LLC Adams, Daniel ABO Painting & Pressure Washing LLC Caceres, Franklin J Individual

De Jesus, Dam L 2M Flooring & Service LLC Machin, Richard Gator Fence Corp

Renfroe, Edward Green & Clean Landscape Group LLC

CATEGORY

PAGE 20 MAY 26, 2021

Cabinetry & Millwork - New Irrigation - Name Change Fence - 2^ndCompany Finish Carpentry - New Paver Block- Name Change Painting - New

Carpentry- New

Tile, Terr & Marble - Name Change Tile, Terr & Marble - Name Change Painting - New

Painting - New - Resubmit Tile, Terr & Marble - New Fence - Name Change Irrigation - Name Change

Chair Joseph informed the above-mentioned applicants that their license was approved and instructed them to obtain their license on the following day.

Attorney for the Board Eskin informed the Board that although applicant Antonio J. Gomez was not present, the Board could approve or disapprove the application.

Chair Joseph inquired if the Board had questions and if they wanted to approve or disapprove the application.

APPLICANT COMPANY NAME CATEGORY

Gomez, Antonio New Painting - New

Board Member Greco moved, seconded by Vice Chair Litterello, to approve the following license for Antonio J. Gomez.

Board polled as follows: Blot; Colley, Greco, Joseph, Litterello, and Sinclair voted

"aye. ¹¹ Costa, Gates, Prince, and Rinko voted "nay. ¹¹ Motion carried 6-4.

Board Members stated they had questions for the following applicant, and he was interviewed as follows:

Hayes, Timothy LI Hayes Construction Inc. Concrete Forming & Placing - New

Applicant Hayes was present and sworn in by Attorney for the Board Eskin.

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Discussion regarding Mr. Hayes' financials.

Board Member Blot mentioned there was an omission on the application on Page 3, and Section A of his application was not completed.

Senior Customer Service Representative Hernandez stated as an officer of the corporation he is the qualifier and that section would not be completed.

Board Member Gates moved, seconded by Vice Chair Litterello, to approve the license application for Timothy Hayes.

Chair Joseph informed Mr. Hayes that his license was approved and instructed him to obtain his license the following day.

Board Members stated they had questions for the fallowing applicant, and he was interviewed as follows:

Kelley, Cliff CBK Installations Finish Carpentry - New

Applicant Kelley was present and sworn in by Attorney for the Board Eskin. Discussion held regarding a lapse on a prior license.

Board Member Costa moved, seconded by Board Member Rinko, to approve the license application for Cliff Kelley.

Board polled as follows: Blot, Colley, Costa, Gates, Greco; Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye. ¹¹ All "ayes. ¹¹ Motion carried 10-0.

Chair Joseph informed Mr. Kelley that his license was approved and instructed him to obtain his license the following day.

APPROVAL OF MINUTES Meeting Minutes - March 24, 2021

Vice Chair Litterello moved, seconded by Board Member Prince, to approve the Minutes as written for the March 24, 2021 meeting.

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PAGE 22 MAY 26, 2021

Board polled as follows: Blot, Colley, Costa, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye." All "ayes." Motion carried 10-0.

COMMENTS FROM THE PUBLIC None.

Discussion held regarding parameters for Conflict of Interest. NEW BUSINESS

Disciplinary Action - Vilim Marijan, Liberty Paver & Stone Inc. Specialty Contractor License

#:

62051

Probable Cause: Violating 6-9(a)(12); 6-9(a)(17); 6-9(a)(13); 6-9(a)(3); 6-9(a)(4); and 6-9(a)(20)

Attorney for the Board Eskin swore in Code Compliance Officer Dowd.

Code Compliance Officer Dowd distributed information regarding this item at the start of the meeting. He read into the record the detailed outline for the disciplinary action against Mr. Vilim Marijan, Liberty Paver & Stone, Inc., Specialty Contractor License #62051. Code Compliance Officer Dowd stated the following:

• Good service for this hearing was made on May 14, 2021 by hand delivery directly to Mr. Vilim Marijan at his residence

• Met with Mr. Marijan on March 22, 2021 to discuss the charges of Ordinance 6- 9(13) Aiding and abetting an unlicensed contractor regarding City Code case CE21-003047

• A County citation was issued to Mr. Marijan

• Discussion with Mr. Marijan regarding details of citation and options to correct

• Received a phone call from another citizen on April 14, 2021 regarding concerns with their contractor

• The license holder who obtained the permit did not have matching credentials with the contractor

• An officer's complaint was sent certified mail to the license holder on April 26, 2021

• The complaint was accepted on April 29, 2021 at 3:40 p.m.

• Approximately one week later, license holder's father, lvo Marijan, met with Officer Roberto Hernandez at City Hall to discuss and explain the charges

• Notice of Disciplinary Hearing composed on April 26, 2021 with the following charges:

1. 6-9(a)(12) Willfully or deliberately disregarding and violating the applicable building codes or laws of the state or of any municipalities or counties thereof:

• FBC 105.4.1.1 Expired permit requires reinstatement

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• FBC 110.3 Inspections required

• FBC 110.5 Duty of permit holder to provide access for inspections

2. 6-9(a)(17) Failing in any material respect to comply with the provisions of the code.

• Status of expired permits has gone unresolved;

3. 6-9(a)(13) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered;

4. 6-9(a)(3) Committing incompetency or misconduct in the practice of contracting;

5. 6-9(a)(4) Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property;

6. 6-9(a)(20) Being disciplined by any municipality, county, or state for an act of violation of rules, regulations, codes, ordinances, or statutes similar to those contained in this article or F.S. Ch. 489;

Code Compliance Officer Dowd requested the board review materials submitted and find the license holder guilty of the charges stated. The following actions were requested:

• Specialty license number 62051 possessed by Vilim Marijan be suspended for 6 months

• Upon completion of the 6-month suspension the license holder be placed on a 6-month probationary period

• License holder be present at each licensing board hearing for the next 12 months to answer any questions the Board may have

• A fine be issued

• As a concern for the citizens that have current permits issued as of this date, Mr. Vilim Marijan may complete the projects during the suspension but must email Code Compliance Officer Dowd to request the inspections be completed so no burden will be endured by the property owner

Assistant City Attorney Naclerio suggested that Code Compliance Officer Dowd read into the record the Exhibits that were introduced as evidence.

Code Compliance Officer Dowd referenced the additional Exhibits included in the packet as follows:

• Mr. Vilim Marijan holds a specialty license for pavers

• Case CE21-003047 - Aiding and abetting an unlicensed contractor found by Officers Hernandez and Dowd

• An unlicensed contractor was performing the work under the permit in Mr. Vilim Marijan's name

• Second instance occurred a few weeks later

• Damage to irrigation system during work

• Contract for Nella K who is unlicensed in the City of Cape Coral

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• The permit was in Mr. Vilim Marijan's name

PAGE

24

MAY 26, 2021

✓

Discussion held regarding completion and final inspections of the two contracts.

Chair Joseph requested Code Compliance Officer Dowd review what work Mr. Marijan is permitted under his license.

Code Compliance Officer Dowd responded it allows Mr. Marijan to purchase, provide, and install pavers for driveways, pool areas, and walkways.

Chair Joseph clarified that an irrigation specialty contractor would need to hire a licensed irrigation company. If a swale needed to be installed or removed, a licensed excavation company would be hired. He asked Code Compliance Officer Dowd to clarify that Mr. Marijan was hiring unlicensed contractors to perform the work.

Code Compliance Officer Dowd responded in the affirmative. He further clarified the unlicensed contractor was writing the contract and Mr. Marijan took out the permit for the unlicensed contractor.

Discussion held regarding contracts, permits pulled, and payments. Mr. Marijan was sworn in by Attorney for the Board Eskin.

Mr. Marijan stated he was not aware of the contract for the location on Everest Parkway as it was not pulled by him but by Mr. Marijan's father, Iva Marijan, who is an authorized signer for the business.

Chair Joseph inquired as to what Mr. Marijan gained by pulling the permit for an unlicensed contractor.

Mr. Marijan stated he performed the pulling of the pipe and provided an installation crew. Chair Joseph requested Mr. Marijan to clarify if he performed the work on the culvert pipe. Mr. Marijan replied in the affirmative.

Chair Joseph stated he did not believe that was part of his job.

Mr. Marijan replied it was on his permit and has always been approved on his permit. Chair Joseph stated Mr. Marijan held a specialty license for pavers, but he is not authorized to perform culvert excavation.

Mr. Marijan responded he has always been approved for that.

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Discussion held regarding the following:

• Knowledge of the contracts

• Expired permits

• Contractors within the contract - excavation contractor and paver contractor

• Determination to be made from the City of Cape Coral regarding ability to perform work on the swale

• Mr. Marijan's role in the job such as furnishing materials, prep work, and installation

• Payment to Mr. Marijan by the customer and Mr. Marijan paid the contractors Assistant City Attorney Naclerio stated that Code Compliance Officer Dowd should clarify whether Mr. Marijan was within the scope of his work. He inquired of Code Compliance Officer Dowd if culverts or installation are part of Mr. Marijan's scope of work.

Code Compliance Officer Dowd stated it is two separate licenses.

Assistant City Attorney Naclerio inquired of Code Compliance Officer Dowd if Mr. Marijan held the proper licenses to perform the work he stated he performed.

Code Compliance Officer Dowd stated he did not have the license to perform the excavation work. He further stated that certain trades on the permit require inspections be performed for completion of the project. The permit holder is allowed to call in and schedule the inspection, even though they do not have the license for that part of the project. For example, a paver contractor is one that is allowed to schedule an inspection because it is listed as required to be completed.

Chair Joseph reiterated that he wanted to clarify if an excavation contractor is bound by the City of Cape Coral to the guidelines of the swales. Mr. Marijan is saying he is conducting that work.

Code Compliance Officer Dowd reiterated that Mr. Marijan does not possess the correct license to perform excavation work.

Discussion held regarding the details of an excavation license.

Attorney for the Board Eskin stated Mr. Marijan is not being charged with performing excavation work. The Board should focus on the charges of aiding unlicensed contractors. Committee Member Blot inquired of the first case if the excav~tion subcontractors were not licensed for excavating.

Code Compliance Officer Dowd stated in the first case, no individuals that were performing the job held a license of any kind in the State.

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PAGE 26 MAY 26, 2021

Chair Joseph requested Code Compliance Officer Dowd to review his requests for the Board.

Mr. Marijan inquired of the Board, if it would be an offense if a homeowner hired an unlicensed contractor to perform the excavation and swale work.

Code Compliance Officer Dowd replied it would be.

Code Compliance Officer Dowd reviewed the charges as follows:

• FBC 110.5 Duty of permit holder to provide access for inspections

2. 6-9 (a)(17) Failing in any material respect to comply with the provisions of the code.

• Status of expired permits has gone unresolved;

3. 6-9(a)(13) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.

Chair Joseph requested that Code Compliance Officer Dowd read his disciplinary requests to the Board.

Code Compliance Officer Dowd stated the following requests:

• Specialty License Number 62051 possessed by Vilim Marijan be suspended for six months' time.

• Upon completion of the 6-month suspension the license holder be placed on a 6- month probationary period.

• License holder is to present himself at each licensing board hearing for the next 12 months to be readily available to answer any questions the City or the Board may have.

• At the Board's discretion, Mr. Marijan was issued a fine.

• In concern for the citizens of Cape Coral that have current permits issued AS OF THIS DATE, Mr. Vilim Marijan will complete the projects during the suspension but must EMAIL myself to request the inspections be completed and scheduled so no burden will be endured by the property owner.

Code Compliance Officer Dowd stated that his concern is that the list of expired permits may have gone unresolved and in the next six months of suspension, it is his request that the specialty license holder have the availability to complete those projects, so it does not fall to the burden of the homeowner.

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Assistant City Attorney Naclerio stated the Board must first determine a finding of guilty or not guilty.

Attorney for the Board Eskin added that the Board inquire of the Respondent if he has additional facts he would like to present.

Chair Joseph inquired if Mr. Marijan had additional information to add. Mr. Marijan stated he did not.

Board Member Blot requested that Code Enforcement Officer Dowd review the remaining charges.

Code Compliance Officer Dowd reviewed the following charges:

4. 6-9(a)(3) Committing incompetency or misconduct in the practice of contracting;

5. 6-9(a)(4) Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to·life of property;

6. 6-9(a)(20) Being disciplined by any municipality, county, or state for an act or violation of rules, regulations, codes, ordinances, or statutes similar to those contained in this article or F.S. Ch. 489.

Chair Joseph inquired if there was a motion to find the Respondent either guilty or not guilty of all counts.

Board Member Prince moved, seconded by Board Member Gates, to find Vilim Marijan guilty on all counts.

Board polled as follows: Colley, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye." Blot and Costa voted "nay." 8 "ayes", 2 "nays". Motion carried 8-2.

Chair Joseph asked for a motion regarding Code Enforcement Officer Dowd's requests. Discussion held regarding the terms of the requests.

Board Member Rinko moved, seconded by Board Member Gates, to (1) suspend license 62051 for 12 months; (2) upon completion of the 12-month suspension, he be placed. on

a

12-month probationary period; (3) attendance at every licensing board meeting for 12 months; (4) $5,000 fine; and (5) the ability to complete the permits.

Discussion held regarding terms of the suspension and probation.

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PAGE

28

MAY 26, 2021

Code Compliance Officer Dowd stated that if said contractor would be in violation during the probationary period, Code Compliance Officer Dowd's request would be revocation. He further informed the Board that if the license is suspended for 12 months, it would be reported to the DPBR (Department of Business & Professional Regulation). He further stated he may not be able to practice in other municipalities.

Mr. Marijan suggested he complete the expired permits and then voluntarily forfeit his license.

Chair Joseph stated he appreciated that, but the Board must vote on the motion. He further asked the Board if there was further discussion on the motion.

Board polled as follows: Blot, Colley, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye." Costa voted "nay." 9 "ayes", 1 "nay". Motion carried 9-1.

Chair Joseph inquired of Attorney for the Board Eskin and Assistant City Attorney Naclerio if the Board could discuss Mr. Marijan's suggestion regarding his license.

Assistant City Attorney Naclerio stated the Board could discuss it but they have issued an order (Motion). He further stated Mr. Marijan's permit privileges are suspended immediately.

Chair Joseph reviewed the terms of the Motion to Mr. Marijan and stated the Board could listen to his request.

Mr. Marijan stated it did not make sense to do so at this time.

Chair Joseph thanked Mr. Marijan for his patience and informed Mr. Marijan he was free to leave.

Disciplinary Action - Stanley R. Spicer, Platinum Service LLC, License #CAC1815634

Probable Cause: Violating 6-9(a)(12) Chair Joseph inquired if Mr. Spicer was present.

Code Compliance Officer Hernandez stated he was not.

Assistant City Attorney Naclerio stated they should determine if there was good service. Code Compliance Officer Hernandez was sworn in by Attorney Eskin and reviewed the following information regarding this item. He read into the record the detailed outline for

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the disciplinary action against Mr. Stanley R. Spicer, Platinum Service LLC, License

#CAC1815634.

Code Compliance Officer Hernandez requested a Finding of Fact for the following violations:

• FBC 110.5 Duty of permit holder to provide access for inspections Code Compliance Officer Hernandez presented the following information:

• On October 24, 2019 Platinum Service LLC held 14 expired permits

• Subject properties are identified in the documentation provided to the Board

• Initial notification of the outstanding permits was sent by email to license holder but proved undeliverable

• On October 28, 2019 a courtesy letter was sent by regular mail and no response was received

• On December 2, 2019, Officer Letisha Eyster _conducted a site check and contacted Mr. Spicer at the business address of record

• Mr. Spicer spoke of medical issues and stated the business liability insurance had lapsed

• Mr. Spicer was to begin resolving the insurance and expired permits

• On January 13, 2020 contact was made with Mr. Spicer as no progress was noted on the expired permits.

• Mr. Spicer spoke with Officer Eyster and stated financial hardships

• Officer Eyster offered Mr. Spicer additional time to resolve the permits

• On January 29, 2020 an Officer's Complaint was issued via certified mail and signed by Mr. Spicer

• Additional conversations were had between Mr. Spicer and Officer Eyster regarding the expired permits

• Due to continued lack of resolve, a second Officer's Complaint was hand delivered to Mr. Spicer by Officer Hernandez on May 15, 2020

• Mr. Spicer/Platinum Service LLC was scheduled numerous times to appear before the Board but was canceled due to varying reasons

• Platinum Service LLC currently holds 19 expired permits in city records

• On May 10, 2021 good service was attained for this hearing by Code Compliance Supervisor Mulligan at the license holder's residence

• The City requests the Board find these facts to be true and accurate and that the license holder's permit privileges be suspended until such time as the violations are corrected

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PAGE 30 MAY 26, 2021

Board Member Costa inquired if it was a residence and stated there was no worker's compensation or compliance for employees unless he is by himself.

Code Compliance Officer Hernandez stated to his knowledge he is by himself. Board Member Costa asked how long the 19 permits have been expired.

Code Compliance Officer Hernandez stated that the earliest one was 2014 and he reiterated he has had very limited contact with Mr. Spicer as he has not returned phone calls or responded to emails.

Assistant City Attorney Naclerio asked Code Compliance Officer Hernandez to clarify how good service was made to Mr. Spicer.

Code Compliance Officer Hernandez responded that Code Compliance Supervisor Mulligan performed a site check on the property, and he noted a woman on the property. Code Compliance Supervisor Mulligan spoke with the woman and confirmed she was Mr. Spicer's girlfriend who resides with Mr. Spicer.

Chair Joseph requested that Code Compliance Officer Hernandez review his request for discipline.

Code Compliance Officer Hernandez stated he requested that Mr. Spicer's permit privileges be suspended until such time as all the violations are corrected. He further clarified that Mr. Spicer would be permitted to complete the outstanding permits but not pull new permits until the violations have been satisfied.

Assistant City Attorney Naclerio stated as State licenses, there are limitations to penalties, however, in the past the recommendation has been to suspend permitting privileges for a certain period until the open permits are in compliance and Mr. Spicer would have to appear before the Board for re-evaluation prior to being removed from probation.

Board Member Costa moved, seconded by Vice Chair Litterello, to find Mr. Spicer guilty.

Board polled as follows: Blot, Colley, Costa, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye. ¹¹All "ayes. ¹¹Motion carried 10-0.

Board Member Gates moved, seconded by Board Member Greco, to suspend Mr. Spicer's permitting privileges until the expired permits are brought into completion and to notify the State of this disciplinary action taken by this Board against his license.

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Board polled as follows: Blot, Colley, Costa, Gates, Greco, Joseph, Litterello, Prince, Rinko, and Sinclair voted "aye." All "ayes." Motion carried 10-0.

Code Compliance Supervisor Mulligan requested the Board discuss the location of the future meetings to determine a permanent time and location in order for good service to be made on disciplinary actions.

The Construction Regulation Board agreed, by majority consensus, to move the Board meetings permanently to Thursday in Council Chambers.

Board polled as follows: Blot, Colley, Gates, Greco, Joseph,' Litterello, Prince, Rinko, and Sinclair voted "aye." Costa voted 'nay". 9 "ayes", 1 "nay". Motion carried 9-1.

Chair Joseph requested the Board complete the Statement of Financial Interest and return it to the City Clerk as soon as possible.

OLD BUSINESS None.

COMMENTS FROM ASSISTANT CITY ATTORNEY None.

COMMENTS FROM ATTORNEY FOR THE BOARD None.

DATE AND TIME OF NEXT MEETING

The next meeting of the Construction Regulation Board was scheduled for Thursday, July 29, 2021, at 6:00 p.m. in Council Chambers.

ADJOURNMENT

There being no further business, the meeting adjourned at 7:45 p.m.

Rose DePaula Recording Secretary