##VIDEO ID:AvdKo1zibhQ## you okay are you going to sit down there okay can if you want but I understand why you w't be down here yeah yeah he he said he would be here in a couple minutes so he should be pulling in any minute so I know don't know did you kick him out no she's on it this morning she at her Cheerios so if comes we will yes you do right now I know you need to leave hey I have an order that I need you to yes sir but I was set morning he I just sign in are you g to speak at public forum I gu then I need you to fill out at public for good morning morning we call this meeting to order the scami County compy  Board August 7th 2024 Madam Secretary do we have a quorum this morning yes sir Mr  chairman with six members present we do okay do we have proof of publication of our meeting  yes sir Mr chairman it was published on August 1st 2024 in the Eskimi County Sun  press okay do I have a motion for approval for the minutes from the July 10 meeting so moved  a second second all in favor raise your right hand all oppose same sign say none hear none motion has  been approved do we have anyone speaking to the public for this morning I believe that we  have one person that is wanting to speak at public for I believe he's back there filling  out a form now um if we can just wait a moment we sure can if if you'd like I can go over the  rules while we're waiting yes that would be great um so please silence all cell phones if you wish  to speak please let the board secretary know in advance otherwise raise your hand for the board  chair to recognize your request when the chairman calls you to speak come to the podium adjust the  microphone then state your name and address for the record you are requested to keep your  remarks brief and factual parties of an issue will be granted uniform maximum time to speak  which usually runs between 3 to 5 minutes this hearing is considered quasi judicial  conduct is formal and profane or derogatory comments will not be t erated we did have um we have a Mr Pedro Perez that wishes to speak at public for we're still waiting on his form um I'm sorry that's his name yeah it um it says Pedro Perez and and Christopher Brown um if  Mr Perez if you could state your name and address for the record please my name is Pedro perz uh my  address is 4912 Sly fet Road Pensacola Florida 32526 thank you Mr pres yes sir uh Mr Brown is  taking care of his mother and his um wife they are dementia uh the doctor and the people that care  for it don't get there until after n9ine so he offer he asked me to come over and speak for him  while he get here if you want to wait for him we can wait for him if he's not uh because we entered  in an agreement with Mr C um I'm his lawyer and uh they have a copy of it I got copy here we have  made two payments one for 10,000 one for 5,000 I guess he's here now and uh with question to  be able to reate the ability to pull permits so we can keep working and pay him okay one second  Mr Bill is this on the agenda no sir it's not an agenda item if you recall um at our last hearing  Mr Perez and Mr Brown presented that they had an agreement with Mr cal um and at that time his Mr  Brown says permitting privileges were suspended right until which time he paid the restitution  in full Mr Brown and Mr Perez questioned if they were to make some payments uh could they come back  to the board you all said yes that he could come back to the board but it would be discussed and  determined at that time I believe that Mr Perez is saying that he has made two payments that  we're aware of one for $10,000 one for $5,000 and I think that's the goal today is that he wishes to  have the permitting privileges reinstated Mr K is here too so you can um speak about it if you want  to call him Miss legal well my concern is that this has not been noticed to the public right  and it's not on the agenda right so it would need to be noticed to the public before the board could  have something that they could vote on so all we could vote on is that we will will review it but  it would still have to go through the process you would even have to vote on that you could just say  put it on the next agenda and we'll look at it then okay and that is what this is for is for  you to direct staff to get this as an agenda item okay do I have any comments from the board on that  any positions or opinions or thoughts is it okay to submit it back to the sure I think it should  go back on the agenda for next meeting possibly everybody feel good all right Mr P we will uh  allow it to go back on the agenda next meeting we have to have the 30-day notice that's sent out so  we can't just take care of it right this minute but we will hear it in our next meeting yeah well  it's very urgent they we go back to work because otherwise we're not going to have the ability to  keep paying I understand and uh 30 days is a lot of days I understand and I I we're we literally  have guidelines to work by that we cannot get outside of so we don't have a choice we have to  have a public notification of this on our meetings am I correct Miss Christie correct the um AG the  the public has a right to know what's going to be heard before this board so we don't m p if  we could I think there's enough sympathy on here that we would do what we can but we just don't  have a choice okay okay I guess we got to obey by the rules now I'm sorry all right we'll see but  we will put it on the agenda our secretary put on the agenda okay thank you very much thank you Mr pre anybody else in public form uh we want we might want to because I saw some some new parties  enter um we might just want to sound the room and see if there was anybody else that arrived  for public forum is there anyone else that arrived for public forum that has not put your name on the list okay no problem thank you all right we'll move into the secretary  status report I have nothing for the board today that's probably good news contractor  applications yes so contractor applications our first item is Cody Brown application for  examination residential contractor Mr Brown are you in the audience today if  you could please come to the podium state your name and address for the record Cody Brown address 717 East Canal Drive G Shores Alabama 36542  it is staff's recommendation that Mr Brown's application be approved motion for approval second do I have any questions I have a motion in a second any  questions all in favor raise your right hand all oppose same sign send none here none  you've been approved for the testing for the residential contractor good luck man thank you our next item is Addison Spence application for examination Roofing Addison Spence are you in  the audience today if you could please come to the podium state your name and address for the record my name is Addison Spence and uh my address is 7941 Susan Land Drive  Milton Florida 32570 it is staff's recommendation that this application  be approved motion for approval second I have a motion to second I have any questions all in favor say I I'll Raise Your Right hands all oppose same sign seeing none  hearing none motion has been approved you've been approved for it man all right  next item is David Rogers application for examination Roofing Mr Rogers if  you could please come to the podium state your name and address for the record David Rogers 3435 Holt Circle Pensacola Florida 32526 it is staff's recommendation that  this application be approved okay motion for approval second I have a motion and second  to have any discussion all in favor raise your right hand all oppose same sign motion has been approved you have been approved to take your testing thank you thank you man our next item is Joshua Mayfield application for examination Roofing  Mr Mayfield P could please come to the podium state your name and address for the record Joshua Mayfield uh 2441 Henry greay Road Bona Florida 32425 and it  is staff's recommendation for approval motion to approve second I have a motion second I have  any discussion questions I have a question all of these are coming back to the same roof in company  I mean this is is this company going no no no no no um it's my understanding that Mr Ward is very  supportive of his employees getting their Roofing and licenses and uh that they all decided to apply  at the same time and yeah okay yeah just just a curiosity fact it's like the whole company's  leaving the business okay good luck man u i I have a motion a second yes and discussion all in  favor raise your right hand will oppose same sign seeing un hear no motion approve good luck thank  you got some good competition sounds like uh then we have Mr Brian Ward application for examination  Roofing as a side note Mr Ward already has a State Certified Roofing license uh he would like to also  obtain his license on the local level Brian Ward 7941 Susan alane Drive Milton Florida 32570 it  is staff's recommendation for approval motion to approve appr second any discussion all in favor  raise your right hand I'll oppose same sign seeing none hearing none good luck continuing doing what  you've been doing thank you and then also Mr ward has an application for Examination for  general contractor um he's still with us and uh it is staff's recommendation for approval motion  to approve do have a second second any discussion all in favor raise your right hand all oppose same  sign seeing none hearing none motion is approved thank you thank you Mr B all of the applicants you  do not have to remain with us for the duration of this hearing unless you absolutely want to  um you can get back with our Contractor Licensing Division later today or tomorrow to uh speak with  them about uh your testing vouchers and any other questions you might have okay okay we move into our probable cause hearing yes sir Mr chairman um our first item is Mark  P Nunes doing business as Creekwood Builders LLC state registered license number RR 28281  12147 contractor competency board complaint number 24434 coom it's in regard to Charles  Day the homeowner complainant at 1202 East gadston Street Pensacola Florida 32501 if you can recall this hearing actually came before the board at our last meeting right um and  the board at that time determined to proceed to a disciplinary hearing for this uh specific case  however during that hearing there was a wrong or citing of of violation if you look at your  backup uh we have an amended investigated report so what it previously had was um 1837 d15b um in  code that is actually a failure to obtain an inspection but what the board cited is that  um Mr Nunes never um pulled the uh required permitting so we I don't know if if you want  to hear this case fully again or if you want to maintain your decision to proceed and just  correct the code violation that was cited it's at the board and you might want to ask Miss Christie what uh so it was previously cited as 1837 d15b now we've corrected it to C which it should have  been so was notice sent oh yes notice was sent um to the respondent um Mr Nunes are you present  today Mr Nunes is not present and Mr day are you present today and Mr day is not present they both  were not present at the last hearing yeah we were hoping somebody would show up anybody familiar  with this case do you remember you need a little summarizing of it I wasn't here so just a quick Su  we have a couple folks that are I can definitely do that um so we received a formal complaint from  Mr day um it alleged that Mr Nunes from Creekwood Builders received funds for a remodel re rehab  project um and he did not pull uh the required permits or perform a any substantial amount of  work um and he claimed that Mr nunz abandoned the project so Mr Day's home is located at  122 East gadston this is in the city limits day states that he entered in into an agreement for  a renovation in November of 2022 um they began some interior demolition work and clean out of  the home in November and Mr Day made payments um he states that the financing for the project was  obtained in February of 2023 and he paid Nuna an additional $522 44 to obtain the permitting um um  so he he made several payments to Mr Nunes um and began working with an architect and an engineer  to design some plans because it started out as a simplistic just Remodel and then it grew into more  okay um from April to November of 2023 they really didn't communicate much I know that at one point  the engineer reached out to Nunes and Nunes was not responsive to the engineer on some information  that was needed for the plans um Mr day um sent Mr Nunes some emails asking him if he was going to  continue with the project and if not he would like his deposit the initial payments made refunded um  to which Mr day did not get a response um in March Mr day reached out to Nunes telling him um he had  an update on the project and when Mr Nunes called da da informed him that he would like a return a  deposit and they were going to terminate their contract um Mr Nunes applied for the permit with  the city permitting office but never paid for the permit and he stated that he never paid for it  because the scope of work was ever evolving and he knew that he was going to have to get that permit  updated uh he still did work prior to obtaining a permit um so that's That's the basis of the  complaint he and they came to an agreement that monies would be returned uh Mr nunz did return  some of the money but there have been no further payments made the contract was terminated they  made an agreement for refund and a full refund has not been received again permits were never obtained the purpose of our investigation is only the permanent issue there any other  additional violations there were um one of them was the fact of the permit he never  got the required permitting um we we said that there was possibly a violation of mismanagement  or misconduct for the agreement to return funds and that was never completed um and  then abandonment because Mr nunz did not return to the project in excess of a period of 90 days according to his email he didn't know what the scope of work was going to be correct  that's correct that was his statement um that it was an evolving scope of work so  did he do any work on the project there was some interior Demolition and cleanout work  that was performed I saw the pictures was that to be was that required to be  permitted what he did do interior demolition work um requires permit  yeah well it depends on the scope of work U typically uh it does because there's you know  electrical involved uh definitely if if it's loadbearing walls if they're taking loadbearing  walls out more than likely if you start demolition before you actually get your building permit I  think Mr Tober is that correct then you do get a demolition permit that's correct or you could wait  and uh the permit could include your building permit could if you get the full permit right right any reason why neither one of them showed up last month's meeting or this month or just that's  correct neither party was present during last month's meeting and they are not present today  so are we just re uh correcting the code uh for 15c that's cor well that was the goal for calling  this back to hearing is that it was cited as B and the board voted to proceed to disciplinary  hearing with it cited as B and it should have been C and then we would decide today does it  move to disciplinarian or not that was the that was the intent do I need to recite all three  of them or just do uh correction case number you probably can he just cite case number instead of  to make a to for a motion to be on the floor he can cite case number instead of going through  each individual item no that's correct um the case number was already read into the record  um but he can make a motion to move case number so and so to cor right right without having to  go okay I make a motion to amend the order for disciplinary hearing for code section 18-37 d15b  to code section 18-37 D15 C second do I have any discussion um just correct me if I'm wrong  you said that we need to um make this amendment to the code section but it already was moving  into the disciplinary action correct that is correct the board determined to move it into  toward the disciplinary hearing last time we just need to correct the violation cited  are we able to correct the violation cited and then move forward with a disciplinary  action that's correct not today we cannot do the disciplinary hearing today there has  to be proper notice sent for a disciplinary hearing and so that would come up at the next meeting okay any other questions all in favor raise your right hand all oppose  same sign seeing none hear none motion has been approved and we'll be moved  to disciplinary hearing there any way we can encourage them to be at these meetings  send them notice so what I will tell you is the notices are sent out and on the notices  especially to the contractor the notice says that they are required to be at these hearings okay yes sir our next item is Wade L Hunter III doing business as Lee Hunter  Construction LLC state registered license number RR 28281 12171 contractor competency  board complaint number 24749 coom it's in regard to Charles Thomas the homeowner complainant at  622 air Street Molino Florida 32577 proper notice was sent to the respondent uh you can  see your backup it was sent certified um Mr Thomas are you present today thank you and  are you going to provide testimony for this case thank you and Mr Hunter are you present today and are you going to provide testimony I mean he's not here I  I was told that he was in the lobby I received a message that he was in the  lobby yeah if if you don't mind he might not realize just give it a moment get sorry I do not see he's not okay it appears Mr Hunter is not here yeah so Mr Hunter is not present um at this time I'm going to have Mr Thomas and Miss  Reber sworn and Miss Reber will remain sworn for the duration of this hearing I swear Thomas yes you can have a seat closer I know if I needed to come no not yet but yeah  you can have definitely have a seat closer he was not sworn in and if you can please be sworn thank you so uh Miss Reber was a complaint filed with this board and on  what date was it filed yes it was was June 11th 2024 and you performed an investigation into the  allegations within the complaint yes I did and how long did that investigation run um Mr Thomas  filed the complaint um I investigated between June 17th 2024 through July 15 2024 and you were able  to communicate with the complainant in regard to the complaint filed yes I was and did the  complaintant provide any supporting documentation for the complaint he did and it's attached to the  agenda if you can please take us through uh which items on the agenda were provided by Mr Thomas sorry I'm having a hard time seeing them um so we have a Complaint Form yes a  complaint form we have estimates for the project was that Mr Thomas that's correct  proof of payments yes Mr Thomas text Communications yes photos of Damages  yes project photos that's correct and then a text from a subcontractor that that is from  Mr Thomas staff would request that these items attach to the agenda be moved into evidence so  moved that was second second motion is second all in favor raise your right hand we oppose  same sign motion is carried thank you and Miss Reaper were you able to com communicate with  the respondent about this complaint uh yes I was I got a a response to the complaint uh via  email and did Mr Hunter provide any supporting documentation for the complaint no he did not and at the completion of the investigation were you able to assign any alleged violations to the  complaint if so please take us through your findings and a detailed justification for  each alleged violation yes I was code section 1837 C1 finding that a contractor is guilty of  fraud or deceit or gross negligence incompetency or misconduct in the practice of Contracting um  this project revolves around a very large tree falling on the Thomas's home back in July um  Mr uh Hunter was hired to repair the damage remove the tree and prepare the damages um in  the process of removing the tree um this this was an insurance claim uh despite the fact that he was  allotted the ability to use a crane to remove the he elected to use I believe it was a skid steer um  ultimately damaging the garage portion of the home further um the the project has drug out for quite  some time uh also that um sorry um Mr Hunter also did a lot of uh on the on the project he's had no  inspections does have a permit but has uh the scope of the work does not cover anything that  he's done therefore nothing has been inspected on the project code section 1837 D9 D Contracting  Beyond scope of license a safety hazard is created Mr Hunter uh has done wiring in the garage and he  is not a licensed electrician there's no permit for that obviously no inspections done Mr Thomas this is your opportunity to  come to the podium and address the board in regard to your complaint okay name address and all that yes sir please my name is Charles Thomas I live at 622 air Street  Molino Florida 32577 um the tree fell on our house July the 9th of last year work started in  September of last year um we have given Mr Hunter approximately $55,000 to start working everything  and then it was going to be a final payment of whatever it was at the end of work and here we  are in August a year later um I want my house fixed I mean I got a my girlfriends and there  nipping at the bits we're both co-owners of it and there's um hurricane clips that are still missing  and luckily this storm avoided us and didn't build up to anything but who's to say we don't get win  next week and we lose our roof Insurance ain't going to cover it and we'll be without a house  and quar million dollar mortgage that has to be paid so I'm just trying to get something done here board have any questions seen some the pictures there what status is the house in  right now um what does it look like right now does it still have a blue  tarp is it no we did um no we did have it completely re-roofed um it is so is completely roofed as of right now yes it does have a roof on it um but the trusses that  were put in it was stick built trusses they were not in the permitting they were not engineered we  have approximately five to six trusses that are over the garage that they were um pre-built from  um I think it's tibits Trust Company tibet's Trust Company yes sir and um they weren't even like the  garage ain't even in the scope on the permitting I'm trying to see that is part of um Mr Hunter  did all of that trust work and none of that is noted in his permit and some of the trusses  that are that you see in this picture right here that's on the back side of my house mhm um maybe  three or four four trusses like this side of it where you can't see it um there's still a broken  truss like it's hard to miss because as soon as you open my attic hatch you can look straight  up and see a split truss so according to that picture that you just ran by the original house  was a stick frame roof that's what it looks like correct yeah it looks like stick stick frame yes  I believe it is they went back with what was there kind of what they yeah what I'm looking at stick  stick built right that's not Tres yeah that's what I mean stick built right I'm sorry I believe  there was a total of 22 that had to be repaired would you have had to get engineering on that to  repair or just go back with what's there what would the code depends on how much how much  Dam that would that would be some engineering as much cuz I know the main beam running down the  center of the house was busted also and that had to be repaired that would definitely be okay and there's pictures of electrical wires that have been reworked or in the process of being reworked what what's the state of the inside at this point  um well it yeah basically like that right there um I'm assuming they're not hot and hooked up but  the garage has no power hooked to it um it's been killed at the breaker box this is the condition  it's in right now yes sir and Mr Thomas who who did the electrical wiring and that um Mr Hunter  did the Thomases did provide a video something we can't attach to the um agenda but we do have that  do seen a um my girlfriend she took a video of Lee I told her I was like like you see him out there  doing electrical I'm like take a video of it that proves he's doing electrical and there's no one  else there and so she has him on video Bor if you would like to um for me to play that video I can  bring that up and play it what up to the guys here and then we would have to move the video  into evidence anybody want to see the evidence of him I I'm not sure it's necessary take his word  thank you though if there's anything about the electrical in the charges and you're  considering that for the probable cause I would recommend that you see the evidence  I motion to put into evidence sure we need to see it then it's in thank you  m Christie for keeping us longer I mean straight she had a motion to move it to evidence she made a motion to move it to evidence you want to go ahead move  to evidence you to move into evidence before we see it or after we see it does it matter  um it doesn't matter I think you're going to do I have a motion on the floor do both either  way I have a motion on the floor to move to evidence second and I have a second all in  favor raise your right hand all oppose same sign see none hear none motion is approved Mr Thomas if you can please explain what this video represents what it is is um Mr Hunter  and the reason how I can tell it is him because the surrounder does have a big  old beard and see the big busy facial hair right there and also I've seen him on the  camera and stuff that day around the house that's him running electrical through the  um appears to be running electrical across the um truck with in the garage a second  video I'm bringing it up now there is the second one that came to they came together and and some of the text communication um Mr Hunter does speak about you know coming to run the electrical and those text Communications are part of the backup on the agenda pardon me  does the board have any other questions before we I'm I'm sorry part of the evidence already  admitted gotcha board have any other questions before we decide what to do with this are we  ready to make a move forward I entain ation I I have a question yes sir one question you Mr  Thomas you said there was a roof your Roofing is complete it is yes sir um it has been completely  um re-roofed enclosed and the inside we had a whole bunch of um or I say a whole bunch we  had some holes so theiling and stuff and it was sheetrock but when all the sheetrock got ripped  out their house originally had tongue and groove ceilings me and Christina both kind of liked the  older tongue and groove look so we decided to go back with that and just had it patched in  and stuff so everything is inclosed closed so inside the house the um bathroom still needs to  be the roof over the shower needs to be done the shower needs to be reinstalled or a new  shower needs to be reinstalled and the sheetrock work around that and trying to think um in the  garage that answer I just wanted to know if it was the roof mainly the roofing you're yes sir  it's not leaking no it's not leaking but there is um is there a roofing permit can I ask that  that's what I was ask about the inspections have you get inspections along the way for this yes um  it there was a roofing contractor hired to do that work uh that's part of what caused Mr Thomas to  have some concern um when he got to looking about the roof he reached out to the roofer at that  time the roofer had not been paid and there was an issue going on however he's since been paid but it  was a roofing contractor who had an affidavit inspection and they have that did did pass framing  inspection and all this stuff yet um nothing Mr Hunter Mr Hunter has he had any inspections he's  not had any inspections I believe his permit is set to expire the 7th of this month okay but he's  yet to change up the scope or or anything any other questions can I make a statement on that  just real fast I apologize the roofing contractor was paid immediately oh okay it was um apologize  Mr um it was Benjamin the subcontractor was not paid he's the one that contacted us saying that  he was going to put a lean on our house and then I contacted the roofing contractor when um Miss  Reber provided me the um the permitting and stuff and I called him and I was like do I owe y'all any  money but the primary contractor was paid theary he said no we have been PA thank you I apologize  for that there is some Tes I'm sorry some text messages regarding those other subcontractors that  I have spoken to and still have not been paid any other questions all right I'll entertain a motion  of the board's desire I'll make a motion to move this disciplinary hearing based on the allegations  presented second I have a motion second all in favor raise your right hand I'll oppose same sign  seeing none hear none motion is approved to move it to disciplinary hearing thank you thank you Mr Thomas okay we will be moving into the disciplinary hearing phase yes sir Mr  chairman this is a hearing for failure to comply with final order James B Freeman doing business as  Freeman Roofing State registered license number RC 0058 058 contractor competency complaint numbers  uh 23112 one23 coom and 23670 coom those two complaints were ultimately combined by the board  it's in regard to Nick and Khloe seon the home the complainants at 101 South F Street Pensacola  Florida 32502 this is within the city limits um if you recall this also came to hearing at our  last board meeting but a request for a continuance um was received and the board determined at that  time to allow the continuance um I'll draw your attention to the notice for disciplinary hearing  um so we're the this hearing is being called because the restitution uh that was assessed  within the final order was not paid in accordance with the approved payment plan um on the required  date we did receive Communications that um the payment plan was not um upheld basically I know  that at one point there was an appeal filed which put a stay on um that initial first payment uh so  we it got pushed to July is when that payment should have been made um and that and again we  received Communications that that was not paid and remains unpaid um proper notice was sent to  the respondent and I see that the respondent is here today along with representation I see  that also the complainants um Mr misson are also here um it's at the description of the board on  how we proceed if you would like to hear from any of the parties we would need to have them sworn Mr chairman I think wasn't this delayed for legal review is that correct I believe that's  correct Miss Christie can help us yes what had happened last time is we were handed a copy of a  petition for ciary with the um Circuit Court which is how you appeal findings of the CCB if you're  going to go through the legal system as opposed to uh filing with the board of or you can do both  they're collateral um the BCC can make a decision and send it back to you for further determination  or the Circuit Court can make a determination and send it back to you for further determination um  and those are the so what I needed to look at was to see what happens in a situation where in  this case as the um as what's been explain to me there hasn't been any payments made to see  if this board has jurisdiction to continue with uh your decisions um and how you want to handle  that um I haven't seen that any bond has been posted I haven't seen that any bond has been  requested so a Stay On These proceedings has not been entered so as far as this court is concerned  as far as this quasi judicial hearing is concerned you can go forward and that's what I wanted to  confirm thank you Mr Christie I appreciate you doing the research there so what we've help me  surmise this up here so what we've done is we have went through the disciplinary hearing and  imposed the restitution amount which payments was to be made no payments have been made and that's  why it came back to us and then miss Christie want to find out so we are back to the situation of no  payments have been made and where do we go forward did I put it right Mr Chin our guidelines within  our guidelines yeah that's correct um and we would need to look at the status of what the probation  area anytime in um a hearing is requested with the board of County Commissioners according to  our munic code there is a stay of proceedings a stay of execution of whatever the punishment  would have been in this situation though that has passed that that is not a similar situation with  the Circuit Court it has to have been requested it was not requested and still a bond would have to  be posted and able to stay any proceedings here of enforcement of the of that after after the  hearing that we had with the board of County Commissioners right so you can um so she can  bring you up to date on um what the status is of so as up the days he should have made payments  three payments as of May June July are the three that have not been paid as of well it stayed for  those those first two months and so it would push out um to the July 15 so he should have started  making payments and by July 15 by July 15th yes the first 10,299 53 that's correct gotcha and no  payments have been received according to so so this was brought to the board last month right  because he had not made June's payment so now he has not made June's and July I just want to make  sure that's that's clear and the payments are paid directly to or into a fund what how did we  decide that so the board ordered that the um payments be made via cashier check or money  order straight to the complainant I see where we made I didn't know if they were supposed to  turn it in straight to the complaintants or if it goes through a okay okay um and and then of  course within your final order if the respondent should fail to make payment then the respondent  shall be brought before the board for further disciplinary action um and that's open to any  discipline within the County ordinance I can bring that up as well if you need me to yeah we need  to see what we what our guidelines are please yes sir everybody following us so I think counil here hear M Christie would it be um appropriate okay to hear from the council as to their status at  this point oh yes sir I mean a hearing is set so if they want to have a hearing then they  certainly can uh present their side yes sir may yes sir good morning uh Benjamin  Alexander 811 North Spring Street I'm here for Freeman Roofing um just some quick updates uh  in addition to the restitution there were some fines my client has paid those um with respect  to the license my client is in the process of winding down license and ultimately closing it  uh so he will be closing this this particular license that at issue uh any permits that are  currently open under that are being transferred to another permit Mr Freeman ultimately is uh  going to segue out and other people are going to come in with other other permits um in addition  my client has made an insurance claim based on this loss and hope that that will lead to some  funds if that's frankly that's probably our best course of action to get some extra funds so that  the section could potentially be made whole so that is in the process uh my client has made  that claim uh just one moment and I will tell you uh through Integrity Insurance we have a  claim number I don't know if you want me to okay trust um so that that's in the process of being  processed uh so we're hoping that that's going to be uh processed here rather soon so that there  will be some funds available to to hopefully make this whole so that's kind of where we are  right now um the uh the non-payment is not a uh uh respectfully it's not a willful non-payment  it's a lack of funds currently uh kind of issue uh and so that's why the insurance claim we are  looking for other sources to potentially bring some funds in to try to uh ultimately address  this so that's where we are right now okay and you understand our position our our place we're  put into here absolutely I understand um the council's correct uh no no stay has been granted  uh we haven't requested one yet uh not really sure what the Court's going to do with that uh petition  but in any case um like like I said you know Mr Freeman understands the the situation so he's  trying to be proactive and trying to address that given the circumstances that currently constrain  us right so yes good deal thank you question for you real quick sorry what's the timeline of which  you um filed with the insurance company and what is soon uh I didn't personally make that claim  I understand it was made sometime in the past but I can't tell you the exact date because I  don't have that information with me um in terms of of soon again I haven't directly corresponded  with the insurance the plan is for me to kind of take that over to hopefully expedite it because  typically when you get an attorney involved insures are more prone to address claims  a little bit more expeditiously so um that being said it's an insurance company uh you know there's a lot of factors that go into how soon a claim would be paid I think there may have  been some talking over I thought I heard Miss Luna ask a second question which was something about  information just information as to the insurance claim making sure that you know when it was put  in um and then just providing that information to make sure I mean I would definitely love to  take everyone at their word but just to make sure it is and when it was done that way it can kind  of illustrate and demonstrate the reasoning of why the payments haven't been made I can provide  you with a with a that would be wonderful a claim number all right so that is going to be 01 BG l224 001634 and then legal advice on that Christie is that something that we can get the documentation  of and then put it you could request it of of um staff well staff can't get it we don't have  access to his information however you could requested of their attorney and they can and  they can give it to him or not that's part and I don't know if those Communications have been  made with um have been made with um the seon either so those are those are all question I  don't know if they've been noticed they're shaking their head no I haven't heard from  their attorney and I can of course contact them so request I did ask them to have their  attorney contact me in the last hearing and I haven't heard from them yet so so if you want  to request I'd like to make a request for that paperwork okay I'll request that from my client  I'll provide what I'm able to under law just for clarification so this particular license  is being closed out no new permits correct as I understand it uh they're in the process of  transferring everything I believe all but about a dozen or so have already completed the transfer  uh and those would be any currently open permits and so they're being transferred to a separate  license I don't have that license number here with me but I understand some of that was done  previously and uh Mr Freeman indicated he had spoken with someone uh here at the county about  that okay any other questions for I have one more sorry um now just kind of clarify  for me because I am not a roofer and I'm not a contractor but my question is with them moving  the permit situation underneath another license are they I know in a previous case we moved for  suspension of taking out permits for future work with them doing that is that a way to kind of circumvent sorry I know I asked these I can probably assist with that um so what  H Mr Freeman holds two licenses he holds a local license and a State Certified license I know that  when he applies with a scambia county he utilizes his State Certified license he has kept his local  license up to date and intact you never know when you might need it but his applications have his  state certif license number on them there was some testimony provided previously that they  thought they had applied with the State Certified license on this particular permit to the city we  had requested you know any documentation they had in regard to that I nothing was ever provided but  that was the claim at that time um it is the belief from Mr Freeman that he thought he had  applied with his State Certified license so any action for this whole case would have been made  against his State Certified license which we do not have jurisdiction over whenever it's city and  state certified any complaint would have went straight to the state so I don't I don't know  that if it's what you think is circumventing I think I think the question once you swap permits  to another license then it don't matter what we do to this license and that's what we had  on the previous case and that is very accurate doesn't you know if if he cancel this particular  license number we still have obligations of what to do but the effectiveness of it will be limited thank you that pretty active that is correct thank you any other questions in thank you Council so it looks  like uh according to what's on the screen here the penalties would [Music] be denial suspension  or revocation to obtain building permits license revoking for not less than one year no more than  five years and with egregious circumstances warranted permanent revocation suspension for  a period of one year in position of fines cost Rel to investigation prosecution probation reprimand  or censor am I accurate you read very well thank you so what would be the desire of the board well we don't I I think we have our hands tied again you know um in reviewing this  and and realizing this how severe the the the penalties are you know I didn't hear  a request from Freeman Roofing as to what portion of that would be acceptable which  uh obviously they got representation they know what it what it stats I have a hard  time uh allowing uh more per in the county with uh the final order not being adhered to and if he uses his state license then what we're doing is kind of but if the permitting  is permitting privileges in the county would apply to both I believe and apply to both if we I'm sorry so if we sub uh suspended whatever permitting privileges would that include the  state license and the residential or just the I think you would have to state that  you would have to you know your motion would be to suspend permitting privileges for the  for both that's just my opinion for the for the county only correct we're only in  the jurisdiction of esami County yeah you could revoke that that uh compens card but the state  license uh you could put the provision of uh no permitting privileges in scamby County's jurisdiction and I think maybe before we do a motion of anything if the seans want  to speak because they haven't been afforded the opportunity okay before we go there we need to we need to focus on this because this is  a pretty uh don't mean to to to listen what you're saying but I this is going to be a  do we have the authority to step over into the state licenser and I'm not I'm not comfortable  with that I think we're talking about suspending his permitting privileges in a scam but I think  we can only do it underneath the license that we have not the state license so I that's what  we were just discussing back and forth um I think you're correct I think you can only do  it against the County License right um uh to suspend his permitting privileges cuz this  case is taking this case was filed that's the license he used right so sometimes so that's  what allowed us to do the other things the fines is because it was against that license however  if you decided all of this will still remain a matter of public record so you could even  terminate his license in Escambia County um up to that and then anyone who's looking that would put  people on notice which if you'll recall during the banks and the cost hearings that we did that was  the largest complaint Tim if you'll recall when we did we did a public forum um with b and that  was one of the largest complaints they had is they had no way of knowing that there had been  problems with so anything you do is still going to remain on the public record of Escambia County  and anyone that does their homework will be able to know that there were problems in the city and  that the county took action on it so if these if this local registered license was terminated it  will be on the public record that can be seen but we can't do anything to affect the state license  including limiting the ability to pull permits does is this one that would be referred to the  state or not you referred it but without action right so at this point that's already been done  yeah we can refer it to them but then they have to decide what to well the original uh referral  was with no action just goes in their records and it's a County case I I don't know that they  would have taken any actions any I I can I just uh had another meeting with dbpr secretary Miss  melany Griffin who's a very sweet lady but her hands are just limited and from the state level  I've been involved with it and it's a mess it's a mess there's really good luck on getting much of  anything done so M Mr chair uh clarification or request but if if a contractor State LIC contractor question usus sure we will be happy to L going say against legal right should I take a five minute recession think so just a second for okay I'm ready Mr ler yes ma'am what we were researching was another area but I don't think  you have jurisdiction in that area um so as far as I think what you've got the picture of is  that we cannot suspend his permanent privileges for his State register for his state license his  certified license just the local registered or I and I say suspend you can also terminate  but you can't suspend we can do anything with the local license but nothing to affect the  state but if we do the terminating sorry go ahead I I would agree with that with  the exception that um you can have just a state license and and do construction or Contracting  work in Escambia County but we can suspend or revoke your permitting privileges in this County  with that license we don't affect the license but we can suspend the permitting privileges  to protect the citizens of Escambia County this board can do that for a state license I'm that's  the way I interpret the code so if a complaint is filed against a state license within the  county and it is within the County's permitting jurisdiction then yes we have that authority to  suspend permitting privileges the difference is with this case the permit was obtained with the  local license and it was in the city limits we don't have jurisdiction over the city  limits permitting but we do have jurisdiction over the local license had he pulled it with his State  Certified license in the city this board would have never heard this case because we didn't have  Lo jurisdiction over the state license or the city permitting so that that's the difference here right it would have gone straight to the cilb if he pulled it under a state license and  it was a city permit the reason why I ended up here is it was the County license if I if I might add if if it if the permit would have been issued in the county  with the state license then then we could have done it would be applicable but I think thank  you thank Mr Randy good question yeah I think Randy understand where you're coming from it's  whether or not scambia County can uh suspend those permitting rights and you're saying we can't right  because the license wasn't used we understand that portion of it but I thought that scami County had  the authority that if they wanted to suspend somebody's licenses even if they weren't used  because of the same entities same individuals but if a complaint was made on the state license only  if the complaint was made on the state license is what you're saying yes right uh the state license  was not included in this complaint right at all um for you to take action against the permitting  privileges of that state license I would think that you would need some form of a hearing some  form like because it wasn't part of this complaint process so here's what my recommendation would be  because I really want to look at this closer I apologize I think as far as you're concerned as  far as the state license the County License that's your that's your jurisdiction I want to look and  see if just the permitting office itself the bid has the authority to make any actions against  where a state contract license is concerned based on cause if they see something that's come before  you that you don't have the jurisdiction over to see if the county has any Authority um outside of  your authority to make any decisions because you don't have a case in front of you that's against  his state license so I want to check to see and so that wouldn't have to I'm going to check to  see if that would even have to come before you so if you just resolve the question today as  to the the County license and what actions you want to take then we could go from there do terminating the County license at this point also I was just double-checking he  doesn't have any permits under the County License right now so it would still allow  him to finish the jobs that he has pending and still allow him to earn the money that  he needs to earn to pay um to pay back the sexon or the insurance to come forward it  would just go public record yeah you would have a public record that there had been um actions  against his license whatever those whatever the board decides those action should be of  the local license it would not be on the cilb website right right just the local website so  do I have anybody want to make a motion based on the options of what we are able to do or guidelines denial suspension or revocate R revocation of the authority to obtain a build  permit our Authority may be limited to a permit of permit spefic conditions license will vacation  revocation for a period of not less than a year or more than 5 years with egregious circumstances  Warrington permanent revocation suspension for a period not exceeding one year imposition of fines  position of cost related to the investigation PR prosecution of this case probation reprimand or  censor restitution to the homeowner contined education requirements are combination thereof do I have a motion from anybody on where  this is a tough one I just got a quick question or a comment and uh I'm gonna Mr Freeman I'm going to  kind of direct it to you and your counsel I I know you're working with insurance I know  you've been doing business in scami county for many years uh but what are the chances of  that insurance actually coming through and paying off based on the claim that you've made and outside of that you can't start making installments and I know you again I don't know  your business end of it I'm trying to uh put it in a position where you know the license  gets permanently suspended or permanently terminated to where it's on record rather  than just suspending it for a period of time to where it gives you the opportunity but we can't  wait on insurance seans can't continue waiting they've been in here a little bit over a year  and a half I think we've been having try on this case is make some good faith effort to say  this is what we need got one question yall on that track do do we need to swer  him in or anything James B Freeman 4201 Ackland Road pce farter you need to swear  she needs to swear you in Mr Freeman I'm sorry sorry about we won't make you swear first yes ma'am sorry James B Freeman 4201 Auckland Road PST Florida okay if you y'all  can do this and we got other roofers back here too they would probably say the same if I go buy  a permit to do a roof from the city they come out past the final they come out past the I mean pass  in progress they passed the final and then after everything is passed and paid they come back later  because somebody complained and say oh this roof is not no good I've been asked in the city all  they have on there is flashing on the bottom of the permit I've been asking them I want to  itemize I mean it could I have been up there it can't be all the flashing okay I want to itemized  list they will not give me an itemized list from the county on what is damaged so that's the reason  it a I mean but that's just I want to get y'all in on that y'all can't sell me a license today and go  revote it tomorrow you cannot do that that's the same thing the city did with their permit they  should have put an amendment on there to amend the permit until we fix whatever had to be fixed the  city never once said it need is new roof my friend Mike guy guy Brothers I talked to him yesterday he  said don't need a new roof he' have been on it okay and y'all trying to make him put a new roof  on something if it needed a new roof I would have did to start with and y'all just keep bringing me  down here embarrass me and in front of my buddies and all but Mr that's all I got to say that's fine  well and again we're not in any jurisdiction how to do before you Freeman um I'd like to  just address you uh from I want to say behalf of the board we do not want to embarrass you at  all that is nowhere close we respect you and your years of service in this community okay I want you  to please understand that that that is not I know it's not mine I really can't speak for everybody  in here but I'm telling you Mr Freeman I respect you and that is 47 years without having any kind  of problems we work we do a million dollar jobs that Bas and they love our work they will only  hire us I totally respect you and I'm sorry that this job derailed and went the way it did because  oh some it's my fault I know my myself I've been in 40y year ring too and it it it's it's  but this roof does not need a new roof and I'm not challenging that I just want you to  walk away knowing that there's nobody with an agenda up here and there's nobody out to get  you or embarrass you or anything these are just guidelines that we have to go by Mr Freeman okay  put me in the it's been put me down about the last three months and I hate that I sincerely  do it just on a personal do roof and heart I I try to take care of my customers that's first  thing it ain't about money a't about money if they need a new roof I would put one on  there they don't need a new roof but that's what well you've had a good name for years and I will  tell you the time I've been on this board this case has drug out the longest of any because we  have tried with everything we can some of these other guys been here the state somebody did file  with the state because I got a letter from the state they said that we we there's nothing the  state is not involved they said the state we we there there's no issues with the state I we  don't do I just want you to know that there is no intention to publicly embarrass you at all none  well it's just sort of hard you know we on TV and I understand and I have when I leave here today  I have 10 customers call me which they respect me they voted me again this year my customers  V me best in P VIP I saw that okay and we do respect you we put it in for for four years  it's been out five years and didn't even have a roofing division in there we didn't want to  invented the roofing division we had to go against General Contractors we beat bar construction out  the first year and we have won four out of five years that has been you have a very good name and  that's why I want to make sure you know that there was no intention up here I think I know these  folks well enough that there was nothing of that thought pattern at all we were presented with some  evidence and we had to make actions but it was no ill intent well it's just hard when I go and  y'all putting this on TV I mean I don't see where that's time out we're not we're not putting on TV  these are public uh meetings that are required to be done this but y'all hurt yourself cuz I I had  a lot of customers calling me complaining say man that ain't right what they doing to you and they  call me every day we're not going to lose a job over this and I'm glad I'm glad we again we just  only have guidelines to work with and that's all and that's what I want to make sure you understand  that nobody up here has an agenda his daddy right there one to talk you know I started out working  with his daddy yeah he was a great man yeah Mr Charles and uh he always taught him and Edwards  Ru is the ones I sort up yep looked at I tried to follow their right their deal and Mr Charles  he always tell me you know what to do here then I started subing from him a little bit and uh he  just believed and do it right and that's the way we do it and uh like I said Mike knows if that  roof was bad I would replace that roof and you've had a great name for years and you will continue  you will this will not can't understand why the city cannot give me a item don't you agree they  should give an itemized list tell me what's damaged I know every piece that flashing is  not damaged I know that yeah and they canot give me that list if I can we don't control that part  so that's thank you Mr I just want to make sure you heard us say that appreciate yall I apologize  heard yesterday but I was he did I was being I got back on some pills that sort of calms me down  you've been under a lot you really have so um and Mr Patel to answer your question uh I I can tell  you this uh doing all this is is not inexpensive for my client uh certainly my representation uh  you you haven't seen any of my uh fee bills but you saw Mr trewick and uh you know these things  uh lead to a lot of of fees and costs um the reason we're making the insurance claim again  if they just had money to start stroking checks and make it so we don't have to come down here uh  deal with additional disciplinary proceedings and more importantly pay me they do so um it's just  an inability right now it's a cash flow problem uh so we're trying to get funds however they can  they're trying to wrap up a project they have uh that they've been working on since last year  a larger project that that we're hoping we'll we uh uh finish uh to our satisfaction and get some  funds there as well as the insurance claim and again that's the way to free up funds so that  we can potentially pay them back uh obviously again like I said if if they could just make  the payments in the meantime to keep everything at Bay that would probably be less expensive for them  and would address the seon's claim uh the reason they're not doing that it's a cash flow problem so understand that it was mentioned earlier and I think before Miss Christie we  step into this uh would like to allow the section since they are here if they would  choose to you don't have to just know uh out of respect for you guys being here and you'll have to start swearing [Music] again I swear um Chloe and Nick ston 101 South F Street Pensacola Florida 32502 um I just want  to say thank you for letting us come in again um I feel like I'm here every month um on the first  Wednesday of the month it's like in my calendar forever now um but yes I the the strain of this  has significantly impacted our business my mental health my husbands um it is embarrassing for us to  have it televised it's just part of doing business um but yeah we haven't had any communication from  them haven't heard about the insurance that's the first of me hearing it today they have our  phone numbers emails John's email would have loved to hear about that before today um but  yeah no no payment has been made even a part paral payment anything would be great um we  are about to have to make a massive payment to put a new roof on so any payment would be great  even $1,000 just to say like hey we are in good faith going to make it right um to my view they  are doing charity work they are continuing to operate businesses normal there are new ads  on vehicles there's nothing that I can see that shows that they are going out of business or not  able to make money um that's just my observation so thank you thank you thank you guys M Christie  I think when we started chasing this you were making a statement about looking into this what  I was recommending is the board go ahead and make their take their actions today and I'll continue  to look to see um what's the best path forward as far as the building inspections department  um we certainly you know there would have to be some type of cause and so we would wait on the  board to make any types of decision and that's if there's anything that building inspections  has any Authority as far as the state permitting privileges but that's going to take more research  than um than I'm finding right now I'll also be looking into the county code on it um I found  it in other counties but I haven't found what I was looking for in this one good deal thank you  Miss Christie so we're back to where we were I will entertain a motion from anyone just anybody of where to go from here just so you know if you do make the decision um  depending on what you decide if you put a suspension on on the licensing um or on  the yeah against pulling any permits under that license then then eventually that that  suspension would terminate um however if you put a a termination with the conditions that  it can't be reinstated you also have that as as an option that it can't be reinst  without payment so that kind of would force the compliance um if he ever chose to come back and  get his County and that does happen as you saw today there's somebody who's a state registered  roofer contractor and he wants a local license so that does happen um it can go both ways it  was one of the gentlemen that stepped up Mr Ward now a question for you chrisy because I know Tim  mentioned it earlier saying to put in a provision for the state is that something we also have to  add in the motion we do a recommendation to the cilb according to the last line here in front of  you the board shall issue a recommendation penalty for Action by the cilb which will include oops  you just move it I I and the reason I did that is because you already issued a recommendation to the  C and your recommendation to them was no further action that was a cool way to cut me off MH  um yes at this point and I I think Mr Freeman is correct he said he got a letter from the state CB  saying that they don't have any uh jurisdiction over it um that's just something we we have in  there um once again we can talk about more on the cilv later so we're back to what do we do on the I I don't feel suspending his license I know we got to do something but suspending his license  not going to help anybody I mean he's been in business a long time and he does good work the  only thing I know he did wrong he did not put the Fasteners in the right specification of  the manufacturer specification um I I've been by and looked at the roof now I've not been  on it but it looks like a really good roof um but it still puts us as on the board in a bad  situation because we have to go by the rules so I wish he would make some kind of payment  arrangement any kind of payment arrangement if it was weekly you know what I mean but I'm not  you know what I mean he hasn't so I don't know know what to do and I feel for him because he  is a good roofer has always been a good roofer sir U and still is a good roofer he has never  tried to cheat anybody out of anything um so but we are as a board I'm you know I'm I'm at a lost  you know what I mean so on there I'm not sure I need help I guess totally understand so Mr  bachelor there was a payment arrangement made um and that is why we're here is because he  did not make the payment just just and it was requested by his own representation for  a payment arrangement back then so just want to make sure that you were aware I didn't request a  pay arrang or I think it was a party I believe it was Mr Freeman that requested it you w it we did  not you did you asked for it to be longer than a period of 90 days I specifically remember that  yeah I didn't ask for I didn't propose any kind of payment plan I asked for it to be extended for a  longer period of time you guys did the monthly plan I think that's the same interpretation of  making it longer just spreading out right just very clear though I I think purely going off of um the evidence going off of code going off of just the black and white as stated and coming  from a very unbiased stpoint and just looking at the evidence of it all and going listening  to the recommendation of Christie I would say motion for uh termination of the license that  way it goes on the record and then not being able to pull permits under that license so are  you presenting a motion for permanent termination I'll make a second so we can have discussion okay  there's a motion on the floor with a second and we ready for some discussion for a permanent  can see do you want the public you want the public to see that I think that's just a strategy play  that they're using that they're going to use the other license but it still doesn't get the  Saxon paid by us terminating his uh license um and we'll just discuss this out for a few minutes um  I'm more along the lines of suspending it until restitution has been made um that way it keeps  that pressure on him and then I don't know if we can't legally not come back after maybe a 30 day  or you know two months from now and see what the update is with the insurance knowing that we're  kind of going above and beyond our scope of uh responsibility to making sure that they're getting  paid and they're making true on their compensation based on insurance because what if the insurance  declines it uh you know if the insurance declines it and then Mr freem decides he's just not going  to pay then definitely we need to revoke the license and you know you know go you know  guns loaded but if that isn't the case and I don't think that is the case I think it's the case that  you know if we can file into Insurance let's file it um so that that's the only reason that you know  maybe kind of talk that out a little bit and see if that would work and again everybody's listening  and I'm I'm we're here to help the process and to get the claimants paid so that way you know we  don't ruin a reputation of a 40-year relationship that we had with scambia County uh we know it's  a oneoff um you know so that's the reason why I'm bringing this up and being in scambi County  since 79 you know we know a lot of people we know things happen in business and these new roofers  that are here today understanding that there's things that are going to happen and you're just  going to have to put your business sense on and not a roofer Sense on and figure out what's the  best solution to get to where we need to get to where you continue doing business and you  don't lose that reputation because once you lose that reputation it's it's hard to build back up  um so uh that's just kind of my comments on the direction I was leading very good so do you want  the motion withdrawn and to make a motion we can either withdraw it or we can vote it down  and then submit a new motion if the board is in agreeance is what I'm saying I'll make that motion and and General Car yes I would agree you know I agree with that I would prefer to withdraw  it that way if we come back I agree we can re I'll withraw the motion so all right the motion has  been withdrawn so just so you know that you can only suspend it for a year correct um so if you  get no action within a year then you're right back you're right back here yeah but I think that that  was the suggestion to give like a 90-day window to re revisit it I think that's where we were going  so it would be the motion would be to uh suspend until restitution has been paid now I know we're  saying a year but if it takes I mean hopefully it won't take a year to pay it off but within a year  we can allow the license to go back inactive active sorry not inactive they're debating so so it says suspension for a period not exceeding one year correct can we add along  to that sentence Miss legal can we add to that sentence or can we just put it on the docket for  six months 90 days to review it because it's not to exceed it's not saying a year so right right  you could suspend it for a shorter time and then if he terminates it you can't bring it  back there's nothing to bring back I I think we understand that but if it's going to terminate  it he's going to terminate it right I'm just saying this is just we're given an opportunity  to get this worked out to where it's it's an acceptable for everybody including us uh you  know sitting on this D that we're trying to do the right thing because if we're suspended and  you know then that's it it's done if you suspend it or terminate it terminate sorry we terminate  right we can't go back and say oh the termination is lifted correct with suspension we can you could  you could you could lift a termination oh you can yeah so the termination can be up to 5 years  unless there's egregious circumstances which is a permanent termination so you also have that  within your um within your abilities to do that he's still pulling permits he's still working  because he's got that state license so you're not going to stop him from working so maybe amend your  motion to termin it until restitution has been paid it's with withdrawn so if you want to make  a new one I'm as the chair I need to be careful of you know I'm not going to make a motion period  but um terminology is very important here and the word termination is a pretty strong statement I'm  wondering if with it as well just listening to the recommendation from Christine what she was  saying is if it's more of having it on the record as such so that way the public is educated just  because of the prot the citizens that's I'm just in that ve discussion of it there's one time in  40 years something years right so how much which I think she's CU just going off of banks that was  way more he a two different cases I know but just going from know what she was saying in  protecting the citizens that's the only thing so you can recommend a motion or tell us what  motion you're wanting to make and we can make the motion for you so do I have a motion excuse me Mr  chair I think there's a motion on the floor we it was withdraw hey is didn't you make I didn't make  the motion recommended that I make a is motion thank for clarification Mr Randy we need to get  this thing finished out so did you want to make a motion now or yeah I'll make a motion to U suspend  until restitution has been paid and then bring this back up within 90 days from now I'll second  you'll have to put a time limit on it suspension is only up to a year said 90 days 90 days okay to  re revisit it in 90 days okay so is that okay you can do whatever you want you're the board I'm just  making sure you understand that you can't just do a suspension until it's paid you're limited  to a year so if he chooses not to pay it then we're right back here where we started and I'm  just so the motion for 90 days with it coming back to the board can we bring it back to us I know um so you you're giving him 90 days to make the payment and you'll reinstate  his license is what you're saying if he if he gets it paid within 90 days all of the money all restitution to be paid because if it's going after insurance there should be no payment  schedule so all restitution should be paid within 90 days you can certainly do a 30-day suspension  I mean a 90-day suspension and there's no reason not to I mean they could certainly require him to  make the payment full restitution within 90 days and a suspension until 90 days that would be the  motion and if that's not met it would come back to the board correct right gotcha gotcha okay  well his license would reinstate right so I have a motion on the floor that's what I'm  his license would reinstate but if he doesn't make the restitution within that 90 days if he  doesn't make the restitution within the 90 days and his license reinstates and  that's the there's no suspension it's I guess that's why I'm not making it clear let let me  clarify this thank you let me clarify this this matter is being I mean I mean his his suspended  license would be reinstated and that would be the end of this you would have to put that it  would come back to the board for further action you you can't just say hey a suspended for 90  days or until he said for it to come back to the board to come back to the board in 90 days right  is that a is it viable for it to be 90 days and if it's not paid in 90 it comes back to  the board not that it's reinstated it comes back to further action than what I know this  is getting very convoluted what I think you could do is pay it within within 990 days or  AO you know as a suspension if he doesn't pay it within 90 days it's an automatic termination and  it doesn't come back it just terminates okay if if that's what you I mean I don't know what your  goal would be in 90 days if he doesn't pay the money and so maybe that's a discussion you need  to have in 90 days what's what's it going to be your solution are you going to extend again good point well I think there's a couple things going on here and and it's it's hard to  sit here and and and advise what I'm trying to help you understand is that you have two duties  here you have one duty to the to you know you have a duty to the public and you have a duty  to follow all the rules and so you have to weigh those and when you're weighing those where does  that put you on your decision making in this case so are you going to keep bringing this back as as  they explained the first Wednesday of every month they just plan on being here um so are you going  to keep bringing it back or you going to give them closure give this case closure and that's what I'm  that's kind of where I get so I'm trying to give you that instruction you know figure out what  you're going to do at the end of 90 days before you cut this one loose yeah no I appreciate that  I think that's what my intent is to do that by just closing it today there's no guarantee  that they're going to get paid I'm hoping that you know this uh these discussions we're having today  motivates that they're in the right path to get it paid and not just to circumvent it and start  the other company and just you know let this thing tie on for six months or years or three years and  they don't get paid we'd like to follow through with I would certainly like to follow through  with it and say that they get paid now that we know insurance and involved and we can ask  for documentation and again I know we're kind of dragging this case out but uh there's some content  behind the case that's the only reason that I'm recommending that we need to look follow through  and make sure that the restitution does get paid and I I mean I feel comfortable that it will get  paid but that's just me personally speaking right um again with the reputation that Mr Freeman's got  in town uh if he chooses not to get it paid then you know that's on him uh then you know he'll have  to provide explain to his clients what happened and what didn't happen but right now if we just  terminate the license uh then we're done they have no recourse other than whatever they have at least  they have an opportunity to come back and we can see that if it has has not been paid and  continue monitoring his other license too when I don't know if we can do anything but it's to  try to get them paid so so I think I I agree with you we can do the suspension for a period  of time but I like the suggestion that we have at the end of a year atend of six months it's  terminated if he doesn't make it or come back to us with some type of plan agreeable to the  plaintiffs in this case so I think the concern is that if we just do the 90 days it'll just re  go back and reinstate it so if we do it a suspension for a period of time and if not  paid termination they have the opportunity to come back in the meantime to say what they've  worked out so I think with what christe said maybe the recommendation be that 90 days and  if the restitution isn't paid in full after the 90 days then termination of the license and you  could do that as an automatic termination you may want to hear from uh the the parties um  at least the defense Council um but you could do that as an automatic termination and then  doesn't come back and you don't you know all all they have to do um all the sexon have to do is  contact Jennifer and Jennifer can contact them say we didn't receive anything and then at the  end of the 90 days it would just be an automatic termination and no one has to come back no more  hearings the seon still have a civil and they know that they have a civil option in this case um  they're they're aware of that that's they do have councel that can advise them in that area um but  as far as enforcing giving him the opportunity to pay it I I I get what you're saying but the board  is just really Limited in your ability to force payment well he has he has time within that 90day  period to come back before termination kicked in to appeal or make a Rec right he could bring if  if he's met the requirements of whatever you set those requirements to be corre that's always an  option to come back all right let me try making a motion so make a motion for suspension for 90 days  uh with automatic termination of the license and the restitution to be paid within that period of time second okay for clarification just for a second suspension for 90 days and if the restit  restitution is paid there's no termination or the way you just said it termination is  period if the restitution is paid then there's no termination okay so I have a motion on the  floor for suspension of the permitting privileges for 90 days upon which time restitution would be  made and if not license would be terminated correct is that correct that's correct okay  everybody understand that and I have a second to that Mr Bill second to that okay so is everybody  clear where this shook out okay any questions I think we've had plenty all in favor raise  your right hand two three four all opposed same sign okay the motion is approved and enforced real close I'm not to make sure the seans understand what they've decided is that  he has 90 days to make full restitution if he doesn't make full restitution then his County  License will terminate if he does make full restitution the suspension will lift if he gets  it done ahead of time before the 90 days then the suspension will lift and he will still have his  County License okay so you can take it off your month your calendar next month hopefully okay  okay any other business I do have something um for the board Mr Bill needs to leave he doesn't  have to be here okay okay thank Mr B thank you just so you know um another um hearing has been  filed with the board of County Commissioners on the the complaintants are the Moody yeah  the complaintants are the Moody and they have filed an appeal of the decision that was made  in the lavada case so it set for September 5th I believe so I'm going to need you uh Mr lisst  what do um I'm going to give you I'll give you that further information but it's the next board  meeting I'm gonna bring it up she's pulling it up now so I just want to make sure you're aware this  is not being filed by Mr lavada this has been filed by the complainants The Moody is that  the last so um and their argument is from what I can see is not that the board didn't make the  correct decision it's just that they didn't punish them enough so so it's on a Thursday it is on a  Thursday day after our meeting on Wednesday that is correct it is an evening meeting on September  5th September 5th if you can just keep me CCE on the email if I can make it I'll certainly be  there sure and we we can make the whole board aw that everybody so everybody can I know you  were there last time anybody wants to come come join the party and I'll be in touch with you  directly Mr L so we can sit down and go through the case File perfect it's only how I get to try cases okay any other business if not meet