are you I am great happy to see you you didn't get blown last there is no next one next one there's always I'm just trying to hold on yes sir oh you're okay you sure that's what I want to
somebody call I was freaking out the Le
my so everyone here this morning ready to go it seems to be 10 minutes before 4:00 so we've
been here a while [Laughter] already call this meeting to order this morning the skmi County compy Board regular meet March 5th 2025 Madam Secretary do we have a quorum we're going to read board rules first real quick that's item two on our agenda and then we'll go into the yes sir item number two and I skipped right over I switched it up for you I I put it on the agenda mess me up 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 and state your name and address for the record you are requested to keep your remarks brief and factual both parties of any issue will be granted uniform maximum time to speak that's usually between 3 to 5 minutes this hearing is considered quasi judicial conduct is formal and profane or derogatory comments will not be tolerated and yes sir Mr chairman we do have a Corum with seven members present uh Miss Mary
Jordan will be coming in a little late she had something she had to attend this morning but she will be arriving shortly good deal thank you do we have proof of publication for our meeting today um yes sir Mr chairman we do it uh was published on Thursday February 27th 2025 in the Pensacola News Journal and I believe um the board counsel would like to make a statement I was just going to point out that when it comes to the order in the and the decorum in in this room you know in the big
boardroom the big boardroom downtown we actually have something that separates you you know it's in the in the bar or in the legal profession it's beyond the bar you can't come beyond that bar um and I was going to let you know that you have I did notice that someone had gone in Beyond these doors where they shouldn't have been who's not an employee I did notice last time I was here that someone kept coming up around where you are um that can be distracting if they get Beyond these tables if someone's testifying that can be distracting to the person that's testifying so you may want to set establish that Beyond these tables you
have to have permission to approach even to go to the podium and have to have permission to approach and that will make things easier on the people that are testifying as well as the board members because when someone starts getting into that what would we would call The Well when they start getting into that well it sets up a security issue that not that no one is in here to protect you from so just to make you aware and if that's your decision that can be added into these rules I think the 2025 term would be they're getting in our bubble but I think I understand the well yes I I would like to say something um and elaborate
on that it it is was a concern um last month for me it was very distracting not that anything was going to go on however I think we owe it to the citizens that are up here presenting their case to have our undivided attention and and I didn't have that as much as I should because I I was sitting there watching the person walk around and come up as you say in our bubble so I I do think something needs to be established on on a secure level and I appreciate you coming from that Arena
to to think of that for us and um I would like to also establish with this Mr Christine I don't know how to do we do it separately or do we incorporate I think the downtown also has a three minute limit on uh public form right and that limit as long as it's consistent across the board and it's not as to content you can set the limit you want so 3 minutes is is um is fine and I I do believe that's what they use downtown I can't remember it's two no it's two actually two minutes for public forum
right thanks Chris Chris Schaefer is here he's from our office as well he's going to take over because I have to get out of here thank um yes so and that can all be part of the minutes instead of her reading I mean part of the rules she can read that in no one is to come beyond the tables unless or to the podium unless called upon by the board that can all be part of the rules and we would need to have a in a form of a motion for that to be put into our thing or do we just declare it you could do that if that's what you want a two-minute limit and a um usually it's up to you because you're the chairperson it's your job to maintain order and decorum but if you want to make
it an official part of the the way you operate you could just do you could just make a motion in the rule and make it a rule okay so a two-minute limit and a so you're saying a two-minute limit no one comes up to the podium or Beyond these tables without being invited without permission or being invited right do I have a motion for that before we I motion second and I have a second any uh discussion from anyone before we vote no discussion all in favor raise your right hand
I'll oppose same sign see none he none motion is approved for no one to come pass the table without asking for permission or being granted permission and a two-minute limit on public form thank you thank you m Chris for helping us with that sure I'm glad I can help when I can good job our next item is approval of the minutes as you can see attached to your agenda are
the minutes as well as some items that uh were viewed during uh the hearing uh that needed to be attached to the minutes do I have a motion to accept the minutes as revised so moved second all in favor raise your right hand poose same sign see none hear no motions approved and we did have proof of publication is that correct we did have proof of publication I may I may yes sir uh just to reiterate it was published on Thursday Fe February 27th 2025 in the penscola news journal
gotcha okay secretary do we have anybody for public forum today uh no sir we have I have no signup sheets for public forum okay and do we have a status report from yourself this time I'm going to turn it over to chrisy again I think she has something that she would like to discuss with the board I'm gonna come up here so that you know when you start throwing things at me I can duck too so it came um when we were dealing with the myran hearing it was mentioned by Mr hler that he didn't
think that we had jurisdiction over it and I went back to my office and I did some research on the jurisdiction I've had the opportunity to talk to a couple of you independently to let you you know um I looked up the issue on the jurisdiction and I realized what had happened was that he had been on probation I know we had talked about it but he had been on probation until May and once his probation ended we lost that jurisdiction on him so he made his payments up until April and we had told the victim in that case that he needed to keep us aware if he wasn't making his payment so that we could get it on for the May so as of April he made his payment but then of course in may he stopped
making his payments after I researched that and after a discussion with Mr hatler about his his client's um situation um and I had a short discussion with our County attorney about this I had concerns that we were beyond our abilities within that case so I recommended and I I did speak to Mr lisst chairman lisst and I recommended that we not send out the order and give me um and what we have done is what I recommend at this point is to withdraw the order and close that case with no findings as far as the restitution issue so his license will not be revoked um what
we have done as you'll see down in probable cause we have opened a new case which there is specific statutory or uh uh code language on that that would allow us to open another probable cause case for his non-payment of a judgment we do have that judgment order um and it went we had to wait 90 days past that window of when the Judgment order was issued and so now we are within our window to open a new case against him um for the non-payment however you the the limit ations on
your um or what's available to you is going to be restricted to a fine so I just wanted to make sure you're aware that that's what you're going to see change I have to leave because I have to go to the canvasing board um um we have another election coming um in case you're not aware get ready and um so I have to leave but I wanted to bring that to you and see if you had any questions for me Mr hatler is here in case you have any questions for him does everybody understand the situation here and thank you Mr for communicating with our legal to pull ourselves together here any questions at
all anybody understand what's going on here so we don't even have to make a motion this is just absolve resolved of its own then right because we really didn't have the jurisdiction to uh uh revoke license or whatever so that's just null and void without an action from us I would recommend that you um have a motion to withdraw the order and to close the case without findings on the restitution issue only okay so they have a motion I'll make a motion
to withdraw without any findings on restitution only on restitution only there was a second from Mr bachelor a second any questions all in favor raise your right hand I'll oppose same sign see n here the motion is approved to drop that then so bring being a strong believer and when you're the one that brings the the problem you're the one that should find the solution we are working um I met with Jennifer and with um Melissa I'm Sorry Miss Reaver um we met on the cases that
are going to be in front of you today and one of the things that we did is we um what we discuss was when you come across a case you only have that you not just look at the complaint that's in front of you but you do what this board has been doing which is looking and seeing how many permits are actually open on the individual what's going on with those permits and what's their status so we today they took that opportunity and you will see that in your backup um where they in the probable cause hearing um for Mr Smith that they actually took it and put it into your backup my
recommendation but is to ask the board do you want us to bring those do you want them to bring those as additional counts when they do these when they find that there is not a new complaint but to to reach out and start an investigation involving all the properties in which an improper permit has been pulled not closed was not it's passed at six months period when it should have already been when there should have been um it's 6 months right six months when it should have already somebody should have gone out and looked at the properties um if you so that's something you'll
see in the backup because we didn't just want to drop the bomb on on someone and I know I've had an opportunity to talk to a couple of you but it give it'll give us the opportunity to avoid having situations um where we have multiple cases coming in staggered like we dealt with as you recall um um and some of you were here for the banks and La cost hearings if we had if we had looked at it at the beginning and looked at every one of the permits from the beginning and started watching what was happening we would have hopefully prevented some of the damage or at least tried to prevent some of the damage that occurred at least gotten the information out there to the
public so they would have known what was happening um you know hindsight's a great thing but we can use it going forward so that's up to the board if you want them to bring them as separate counts um or if you want them to just at least include it in the backup so you can make decision but you would have to have a second probable cause hearing if you decide we want all of these brought unless you allow them to bring it at the first probable cause hearing so do we have that Authority or does these complaints have to originate from a uh owner respond is there from what
I'm understanding these are coming from existing permits that maybe the owner has not reached out to us yet and we would be reaching to them so is that kind of the method well the confusion is the confusion has been that we we don't generate complaints we don't start a complaint however once we have a complaint in the office it's it is the responsibility to investigate that complaint fully and so when they find outstanding permits when they're looking at that much as you've been doing when you look at the evidence well what's still out there um that this would be their as
long as it affects the Public's health safety or welfare it's something they could look at without having an and it wouldn't be a new complaint it would just be part of it would be part of the investigation on that complaint it would be additional counts I just don't want to get us in a situation where we're overreaching or overstep in what we should be doing then somebody complain or even legally come against us and say well this homeowner did not even complain and yet we went to them to get information started a new complaint I don't I don't know where that technical level
is what they're I think what they're saying is they don't want to have they don't want to go that far to reach out they just want to know what what's moving with those complaints what's moving with those cases we want to make sure they know what's so this would be an existing case then not not something new I think it's getting confused I think what you're saying is so in our past meetings they pull up all the open permits and we're able to see all of the permits in real time as opposed to having all the information already ready in the documentation for us correct me if I'm wrong so correct Miss Melanie um the last couple of meetings this board has requested
during the meeting for this information to be provided just to give you a bearing of of right the permitting history um and that is what we are presenting today in one of these cases so you can see just the permitting history on the Forefront instead of during the meeting um and you have the ability to address that with uh the parties during the hearing um thank you for the clarification because I I thought in my mind that maybe we were reaching out to some of those previous owners that had open permits or abandoned permits to find out what the reason
was and I was afraid we might be overstep and the so and that's what I was saying you would know you would learn you have two choices you know you can learn about it in the first probable cause hearing and when you see it you can determine whether or not you think there needs to be those need to be delved into because perhaps you're seeing a seriousness of multiple and then you would say we need to bring a second probable cause hearing on take a look at these and let us know if there's an investigation that needs to be open we need a second it's a great idea I just want to make sure we don't get out here you know and the and the other option was have them bring them all at
the first one but if you don't and it sounds like to me you don't want them to bring them all at the first one you want the opportunity to review what's out there and determine whether or not a second probable cause needs to be held on the open permits that um are not being resolved the questionable open permits so in essence what we're bringing to you on the front end of these things it's just a history so you can see it at the Forefront good deal um it is up to the board and how they wish to proceed with that information but it it does come up during investigation that
this is out there and it does exist um and it's really to make the board aware of of what we have so just for our board clarification um if we see that John Do's got a dozen uh permits out there looks like abandoned cuz or over year orever no activity on it do we have the ability right authority to ask for investigation at that point from us or does this again have to
originate from an owner because I don't want us to get ourselves in the this is not a situation where they're going to start looking at every contractor this is a situation where you already have a complaint open but once and the evidence shows that there may be other situations that aren't being dealt that this may be you cannot use the evidence for the purpose of determining whether or not they have violated the complaint that's in front of you but if you see it and you see a pattern and you think that there's a problem then you you could request for the for the health safety and Welfare of the public that they look into that as a as a second investigation
I see it been a great idea I just want to make sure we're not again getting out of our I know there was confusion about that originally um but and and I will look at it again and I'll be glad to come tell you if I'm wrong as you can tell and we're asking for that information anyway cuz any case comes up first thing I want to know is that you know is that consistent this is the first time has this happened before and that gives us the ability to look and see if it's going to be habitual and we can pretty well judge I'm pretty sure based on the violations or anything that's happened you know just gives us a better scope and better understanding of the individual that's
in front of us it also gives you the ability to talk to the person that's in front of you while you cannot consider that for determining whether or not they violated or the the per it gives you the opportunity to talk to them and go we're aware of what's Happening are you going to fix this you know what don't don't make it come back like you like you know don't come back to see us like you used to be said and um and that gives them the opportunity to know that they're not operating in in darkness they don't have the cover they think they have or maybe they don't know what the pro they don't realize they have a problem so it gives them also that opportunity to address whe
to fix things that they didn't weren't aware of and and and often we've seen it when it's been an office worker or somebody they just had no idea what they were that that was going on by somebody that was in their office um and or somebody that was employed by them and this helps to keep them aware because if they're coming before us once we don't ever want to see him again right and just to bring up a historical case that came before this board we did receive um communication from another department about a demolition contractor that didn't obtain a pre-demolition inspection and
during that investigation it was noted that that occurred several times in this board did address that um and that demolition contractor did take care of those things so in that instance with that demolition contractor it changed the course and I think that's we're trying to be proactive I love it I just want to make sure we're not going to lose or hide I have a question yes ma'am so the complaintant doesn't have to come forward for us to look at it if it's already lumped in to a a complaint but the State of Florida would also be a victim is that is that correct the
State of Florida is not I'm not sure what you're asking like they would um we don't have to have a complainant to do something on that case if there's a violation of some type of um them not closing out the account or um permitting issue so the in that instance the complaintant would become a skimi county because it was our investigation that resulted in this um this data and and that could be possible violations um it wouldn't be a complainant per se as a citizen but it would be
a scambia county okay so statute would cover us if we looked at our County ordinance and statute would okay thank you sure and I'll double check all of that I'm glad to have the questions because I sometimes you when you ask them like that I I wasn't sure what you were asking me and um Jennifer's had a lot more time in this room than I have thank you good any other questions for me everybody do we need to make a motion or that just can be that's fine no you just need to make
sure that you are okay you know if anybody had an objection without approach we certainly you know we you know you're the board we're here to make sure that we're here to serve you and you're here to serve the public and so we all we all want to make sure that we're moving forward on the same foot well y'all know I love information and historical knowledge so I'm in thank you any other comments everything's good thank you thank you m Christie thank you so we'll move now into our contractor applications the 18 good morning board yes um uh the applicant appearing before you today
is Mr Mark KAS now Mr Mark if you will please come to the podium state your name address for the record I'm Mark cassan live at 6256 Kirsten Drive Pensacola yes Mr kassan I apologize about that Mr kassan he is applying uh to qualify an additional entity for the business mnm residential Solutions LLC he has provided us with all of the documentation needed
for good standing and um staff is deing to the board for a denial or approval of the application C on you want to talk to us tell us anything or you just I mean we've just started a new partnership and um so I need to have get the license um appropriate with that business good deal yeah so on your existing company is there any outstanding issues uh with the county I'm sorry on the existing uh um license that he got because it's qualifying an additional
company to his license so the original license does there any issues any outstanding no sir there are not no good standing and staff's recommendation is when it's qualifying an additional entity we don't give recommendations uh it's at the board's discretion thank you have anybody questions for Mr cassan okay anybody ready for a vote all in favor raise your right hand all oppose
same sign seeing none hearing none the motion has been approved qualify thank you Mr thank you our next one yes sir um the next applicant appearing before you today is Mr Williams Robins II um Mr Robbins if you will please come to the podium state your name and address for the record William Robbins III I live at 2003 Bainbridge Avenue Pensacola Florida 32507
wonderful Mr Robbins is applying for the application to take the building contractor examination and he appears before you today with 5 years 7 months and 7 Days of experience Mr Robins worked as president at ether construction under the supervision of Brent e Etheridge who holds an active license uh cbc1 12562 39 uh since February 13th 2018 staff recommends approval for um examination well tell us anything Mr E um well Robins I work for Mr E Mr I'm yes no
you're fine um no I'm just excited uh it's some new chapter in my life want to be able to use the gifts that I have to get back to the community so good deal yes sir any questions all in favor raise your right hand I'll oppose same sign motion to approve I have a motion to approved do I have a second second all in favor raise your right hand all oppose same sign see a none hear none motion is approved I did not make a motion
for the second first one I just realized can I have a motion for Mr cassan motion to approve do I have a second second all in favor raise your right hand thank you very much I apologize for getting ahead of my own self thank you thank you Mr Robins not Mr E got that part right next case yes sir um uh the next applicant that will be appearing in front of you today is Mr Mark cob I'm sorry James
cop and uh Mr cob if you will please come to the podium state your name and address for the record James Cobb 9719 brawood Road bu Florida 32526 all right U Mr Cobb is applying for the application to take the doors window and siding examination and he appears before you today with 5 years 1 month and 25 days of experience Mr Cobb worked as a manager
at American garage door LLC under the supervision of Mr Brian web who holds an active license DWS 000058 since June 25 2008 and uh staff recommends approval uh for examination Mr cob anything you want to tell us this morning uh no sir I'm just excited I've been doing this for a little over five years and I'm ready to advance my career just excited us I'd like to move forward good deal motion to approve have a motion
do I have a second second I have a motion to Second all in favor raise your right hand I'll oppose same signs Mr C you've been approved thank you sir thank you good luck to you chair we are now going to move into our probable cause hearings and as we go about this you will see that there's a little bit of a different um flow that we're going to provide to you um so just hang tight with us I promise it's it's going to be a good thing okay
uh so our first item today is Brett Smith doing business as Apex Plumbing LLC state registered license number rf11 067 884 contractor competency board complaint number 25011 coom it's in regard to Michael do dool the homeowner complainant at 3400 West Lee Street Pensacola Florida 32505 Mr Smith are you present today thank you sir and Mr dozol are you present today thank you at this time
I would like to have Mr Smith and Mr dool as well as our investigator Miss Reber sworn in you swear from the testimony about to give the truth the whole truth nothing but the truth I hope you I swear at this time I'm going to bring up the investigation report that was done by Miss reer Miss Reber is this the investigative report resulting from a complaint that was filed yes it is and who filed that complaint Michael dozal and on what date was that complaint
filed December 17th 2025 is that investigative report what is displayed on the screen yes it is and what case number was assigned to that complaint the case number was 2511 coom and who was the complaint filed against Brett Smith doing business as Apex Plumbing and is the address listed on the investigative report the address that was on file with a scambi County Building
Services that is correct and what is that address miss reer the address on Mr Smith's licensing card is 4707 Old gy Milton Florida 32571 thank you at this time I'm going to bring up a copy of uh the notice for probable cause hearing Miss reer is this the notice of probable cause that was sent to the resp respondant yes it is and is that what is displayed on the screen yes it is that is
investigators exhibit D that was attached to the agenda the next item I'm going to bring up on the screen um Miss Reber can you let me tell me what that is that is uh proof of mailing certified then the notice to hearing so board proper notice was sent to the respondent moving back to your investigation report during your investigation were you able to determine if any alleged
violations occurred yes I was and what was that determination code section 1837 D5 C proceeding on any job without obtaining applicable local building department permits and or inspections and Miss reer what was your justification for that determination responded applied for permitting on October 17th 2023 but has not been able to obtain the permit due to failure on I'm sorry
but has not been able to obtain the permit due to failure to supply Building Services with a septic abandonment letter respondant began performing the work on approximately September 26 2024 and in your investigative report I see that there is some supporting documentation can you take us through those one by one yes I can investigators exhibit a is the respondents permit application and is that
what is displayed currently on the screen that is correct okay investigators exhibit B is permit application comments and is that the item that's displayed on the screen now that is correct okay I have complaintants exhibit a complaint form and is that item displayed on the screen for the board that is correct okay I have complaintant exhibit B estimate to complaintant from respondant
dated September 5th 2024 in the amount of $757 21 and is that the item that's now displayed on the screen that is correct okay complaintant Exhibit C proof of payment to respondent in the amount of $4,270 6 and is that item displayed on the screen for the board that is correct okay Mr Reber if you
wouldn't mind uh I see that you have a synopsis as part of your um investigative report can you can you take us through that I can complaintant entered into an agreement with the respondent on September 5th 2024 to perform a septic to sewer conversion the total amount of the agreement was $ 7,572 complaintant paid the respondant $2,271 and6 on September 18th 2024 in 20
on September 26 2024 respondents submitted a permit application to Building Services on October 17th 2024 at that time of application the respondent's license was at an inactive status with our jurisdiction and the application was returned until license was updated on October 23rd 2024 respondant resubmitted the application which was returned a second time due to failure
to submit fixture count on October 30th 2024 the application was resubmitted and returned a third time for failure to provide the required septic tank abandonment letter respondant did not provide a written response however I have communicated with him on several occasions when the respondent was notified of the complaint filed he reached out to advise he had lost his office staff and that he was trying to learn how to apply for permitting through my government
online and applying for the abandonment permit through the health department respondent was given the information on how to contact MGO for assistance in applying for the permit on December 19th 2024 respondant advised that he was having Carter and Sons a septic tank company go pump the tank and apply for the abandonment letter however the Septic Company would not be able to start until January 2nd of 2025 respondents stated he would then submit the abandonment
letter and obtain the permit respondent contacted me after January 2nd 2025 to advise he was still waiting on Carter and Suns at that time I let him know that as of January 1 2025 the process for the septic abandonment was no longer handled through the State Health Department it was now done through the Florida Department of Environmental Protection I advised them that I expected it to be a longer process during my investigation I reviewed the respondents
permitting history with the scambia county resulting in the respondent having 24 permits in a status of pending under review and 10 expired permits without inspections and Miss Reaver just to bring back um a statement that was provided earlier um when did the respondent perform the work sorry just one
minute not do that oh sorry uh respondent began performing the work on approximately September 26th 2024 I apologize and your last statement during your summarization is that you reviewed the permitting history is that permitting history um investigators Exhibit C yes it is is that the
item that is displayed before the board yes it is at this time staff would request that the items attached to the agenda as exist uh be moved into evidence so moved have second second all in favor raise your right hand all propose same sign CNN hear none motion is approved that would conclude our presentation of of this case uh both parties are present if you would like to hear from the complainant and also the respondent yes ma'am Mr do doel you'd like to approach the podium pleaser
good morning my name is Mike dool I live at6 East tahar Avenue 3,400 West Lee Street is a rental property that I own uh in response to a letter I received from mambia County when the source system was installed along Lee Street I would contacted Apex Plumbing and asked them to do the install uh and things sort of proceeded as Miss rber indicated in her uh review I happen to like
Mr Smith um and I've seen some of the work that he's done I'm happy with the work that he's done I would like to see two things I would like to see this project finished by him so I can move forward and sell this property and the second thing I would like to see is the letter I received from Escambia County indic at if the work wasn't done by January 20th there would be a $1,600 impact fee I would like to see that impact fee waved in this particular case so Mr dozol when you
say a scambia county is that ECUA that you're referencing um the utility provider for sewer ECA s connectivity availability yes sir that is actually a utility provider it's Emerald Coast Utility Authority it's not actually Escambia County yes sir yes sir so that is actually something coming from the utility provider to you so I'd have to go to them to get a waiver that's right sir yes sir you are welcome to refer them to us for information that support that yes sir
to support that and we will try to provide that for you because the transition from the health department to D for septic tank is horrendous I uh actually received an email back from the director this morning trying to get things straightened out and it is that's a whole convoluted mess right now so a lot of this is out of both Mr Smith and Carter and Son's hands
it really is I'm not defending anybody this is a fact that our whole industry is facing with by the legislator everything went on subject permits January 2nd from the Department of Health which has been doing it for years to the Department of Environmental Protection Health Department uh it appears in our local area they they're making a slow transition just on the other side of Tallahasse all the way to our state line is the first Zone they're doing they're trying us out
thank us you know for being their guinea pig and then they're going to transition the rest of the state after work out the bugs with us very kind to them and in the process of this uh Department of Health it appears did very little the last two months or more of work on septic tanks which create a backlog when DP did get it their whole new system and then now we've got I think there was 50 something in scambia county that was left rolled over my whole statement is simply it's been
a it's been a real mess and Mr fredley is uh been kind enough to communicate we're actually trying to set up a zoom meeting with a lot of local installers to help work through some of this mess uh but it has been a nightmare and ECUA we would be happy to give any information to them uh concerning this little mess uh I appreciate that to help go with that fee so that's all I have okay I appreciate it Mr doall and then we'll ask Mr Smith if he would like to
comment actually have the um identify yourself just for oh sorry Brett Smith um the owner of Apex pluming um I need to give you my address sure all right all right it's 5951 Drive um I actually didn't get any of the paper I don't know if I was supposed to but I have a record or um a
pictures of we finally got it back from the SE tank company or from uh protection services or whatever um the abandonment letter we finally got it like two days ago so D yeah I called him and Mr Dollaz all and told him that within a week we'd have it completely completely done so about the time all this happening we were in the transition of changing shops and changing our dispatch ladies so I have a pretty good amount I want to sit down like
with an employment with somebody to go over like all the permits we have open and with they say in St AR County um just because we have so many that's the dispatcher we weren't really looking over her very much with the permitting and now we have a bunch of open things going on but we are you know we we've got all our you know everything fixed up now and just moving forward do you have a time frame when you could make Mr doz all whole on his project yeah I'd give him about a week or so so I would say by Wednesday Thursday next week we'd have
it completely done Wednesday or Thursday of next week we be according to the schedule yeah so what about the proceeding without obtaining the local building uh permit I understand the D is a nightmare but what about the local part what's the so justification I'm I'm actually the one that dug out the sewer like myself um with one of my Crews I somehow
or another I thought the permit was pulled already we went ahead and jump started it and then I mentioned uh to Marissa she had no idea we had have a SE septic tank L before we could actually start the work so I thought she had already got them to come out there and pump it it didn't work um I went ahead and ran the sewer I mean it was all up to it's up to code and everything it's just the paperwork is what held us up so I mean the work is up to code put it in the right way it's just the paperwork wasn't so the only reason you were not able to obtain a permit
is because the D abandonment letter is that what you're telling me no so this happened before the D stuff switched on January 1st right but I thought with the transition of the company transition of the dispatchers between Morgan and Marissa I thought his got pulled and it was it got lost in our system and we usually were pretty good with our permitting stuff I know I have like 24 open ones up there it's because of a job that we let go I mean I know that was that's all besides a point but that's what we I want to get with somebody to clean up our our board anybody else have questions
I think the part that confuses me is um you not knowing that there wasn't a permit so I know that there was like the permit in the process like but she didn't know the abandonment letter is what it was she didn't know she had no idea that we had to get and it was a separate thing it wasn't like just a permitting office it was the health department and the per the office she didn't know there was the two difference so then my question goes to Jennifer so Jennifer he needed a permit and the abandonment letter prior to doing work or only the permit to do work and
then the abandonment letter to complete so the permitting process for a setic to sewer conversion uh you need a few things actually um to obtain the permit you must first have the sewer tap number from ECUA and then you must also have the abandonment letter from at that time it would have been Department of Health and unfortunately this spans over the time of a transition between two State departments um so before we could even issue a permit we have to have those two things in hand
and so he applied for the permit um and I believe the application date was uh octo in October uh 17th looks like from the investigation report um and then there was Communications back and forth um of things that it needed to still be submitted um and so that's where it stands now and I'm I'm really glad that you got the letter you you got it uh a little bit quicker than than I would have anticipated that you did right because um we I've heard some some some stories of of it not being
very quick um so it took a while um and that was the only thing on this permit at from based on the commentary that was in a holding pattern as we needed that um to be able to issue this permit it has been a nightmare we have a lot of builders that have projects that we can't get permits because we can't get the septic so it's it is a frustrating thing yes sir
anybody else have comments questions I have a question for Jennifer and just for historical knowledge for instance um the complainant has the fee from ECA for $1600 and if that's not his fault and it's actually the business their um neglect could that fee be transferred to the business under this board so we are currently at the probable cause stage um this is this
today is just to make a determination of whether you believe there's an alleged violation here um and whether you want to proceed to a disciplinary hearing I think to answer your question is should this proceed to a disciplinary hearing and um the complainant had this outof pocket expense that with the responsibility or that resulted in uh the respondent not doing something Etc um that could be a possible request for restitution at that time we are not at that phase yet um today
is just a determination of probable cause and I think to go with that if I'm not mistaken ECUA put like a deadline to get tied in it's it's neither Mr dozol nor Mr Smith's uh problem or whatever the word is that this backup is happening because this is unprecedented this is I've been buiness 40 years we never I've got one personally been there for over two months two of them and that's that's
insane I got you know can't start anything because of this so this is neither Mr dozol nor Mr Smith's lack of doing their part because a state agency is messed up does that make sense it does I was I was asking like in future cases if that could be you know something that we could consider um and that this kind of prompted my curiosity sure yeah and it is um it is something that is
eligible in the disciplinary phase not you know in general um anytime a complaintant incurs damages or additional outof pocket expenses that is something that is reviewed during disciplinary and especially neglect of the contractor that's the key if that should be the case that's the key neglect of the contractor yeah yeah thank you um in this case here chairman would we and Jennifer would we be able to maybe continue this to the next meeting to see that he then makes
his client whole since he says that he's going to do that on Wednesday or Thursday in next I think that would definitely be an option to the board to have a continuance to make sure that Mr Smith does take care of Mr doall in the next week and a half and also go through the list of permits that are outstanding give him enough time to go through to meet with someone my staff can definitely assist with that and give you a rundown and and you did speak earlier about uh you know some that you were no longer doing cancellation forms for those and should clean
those up easily that's like 19 of those yes sir yes sir one do we need a motion to we would need a motion for continuance if somebody wants to so do that I like to make a motion to continue this case to the next hearing um of next month second that okay any questions I have a motion to Second for continuance all in favor raise your right hand we P the same sign seeing none hear none man we're
kicking unanimous today hey chair if if I could um Mr Smith has your address for your company changed I ask if you could please go get that updated with the Licensing Division um of of the department and that way we can make sure that you are getting your proper notice is okay yes sir yes sir appreciate it appreciate you taking care of our citizens too Mr Smith thank you thank you Mr dool all right just getting just resetting here our next item is my D Tran doing business as MH
Construction Services LLC state registered license number RG to 2911 03748 contractor competency board complaint number 25213 coom it's in regard to LY Yang Lee doing business as let's meet Korean barbecue LLC this is the complainant uh 6235 North Davis Highway Pensacola Florida 32504 Mr Tran I know is not present but he does have
representation present with Mr hler uh and do see that Mr Lee is present at this time I'm going to have um Mr Lee sworn in and just a reminder that Miss reer was previously sworn youy truth I'm going to bring bring up the investigation report from Miss reer and we're going oh go ahead Mr hatler just
you thank you uh and and I will let uh Mr Lee speak for himself but I think I may be able to save the board a little bit of time this morning because uh Mr Lee we have been I and Mr Lee's attorney have been in communication trying to you know work this out agreeably and uh Mr Lee this morning suggested that maybe we continue this until next month's meeting to give the parties a chance to finalize uh that the details of that agreement and that paperwork so if if Mr Lee you know would make that request of the board and the board would consider doing that then we could
probably uh get the board out of here earlier uh today by a few minutes but I just want to put that out there before you know the whole the whole presentation was made so you've been making contact with his attorney there's a negotiation process very active yes we spoke yesterday on the phone and I believe that we have an agreement in principle again we just need more time to you know firm up the exact details get the paperwork done you know recorded um you know the the mechanics of finalizing everything I'm hopeful that everything is is you know again uh of a satisfactory
resolution at this point just I you know again we have to um you know okay get get the uh paperwork drawn up executed and recorded so I would say by next month's meeting I think we should be able to have everything done and then come back for the probable cause hearing and and hopefully you know have a a happy ending to relate to you at that time Mr Lee would you like to address this yeah actually just uh L Le address will be one29 but I want to Trail P col 4 32514 actually
I my my lawyer just called me last night and uh really really end and uh uh he told me uh uh uh his attorney just told to him um he have some plan but he need more time to figure out but right now this time he will put some L on the two construct uh two two job on it so he have a two building will be put my name on the L so he can make some like a payment
after this job after maybe those two hous uh he must pay me and he can sell the house so I think this time he's uh he tried to make something but uh he just called me last night so I don't know where I'm I just talk to him and this morning so uh I think maybe we just keep continue and uh see what's going on and he say he need only one month and figure out all the document and check the check the what's going on for those two property and put my name
on it some document I say it's okay it's better than nothing better than he didn't do anything right yeah so I say gave him the last trans maybe yeah that's all I want to see so I know last time I believe Mr hatler might have reached out to the other attorney the day before the meeting as well so I kind of see a pattern with that and the continuation continuing to happen but of course I'm
more than happy to go as whatever you would like to do yeah but I'm ready to proceed anybody else have any comments this is been ongoing for a good while and it is very true that this last month we were sitting here and at the 11th hour we had a thing and we continued or then we found out there was some things we were overstepped in so we backed up and this is a new complaint now a new um investigation [Music]
and I think the thing that sticks with most of us on the board is the fact that payments were stopped at the appropriate time to limit us from what we did and along with that no payments no um effort has been made to try to do anything since then until the last minutes and then all at once it's a panic mode and I have to say one thing
uh Mr hatler of your client this this I got to get this job done to get money to pay this job if you you're you're very familiar with these cases we when we see that happening here that is a big flag because uh it's some type perhaps of a Ponzi rob peter pay paaul scheme that whenever you I got to take money for this guy so I can pay this guy and then now I owe him and it it becomes
a web that we have seen get way out of hand so I think that helps us to not feel as comfortable uh I'm not trying to speak for everybody just in the general thing of the board our past experiences is is that somebody gets hurt and I think almost to add to that too not to interrupt you but um uh strategy is a word that comes in my mind as well so yes and and I can address a couple of those points uh first of all we're all concerned about the type of situation you just described and
so you know I I I am not um of any impression that that's what's going on in this case uh so you know that's my you know uh I guess judgment based on you know my involvement in this case so I I don't have that level of concern here what is being proposed is not not using money from one project uh to pay Mr Lee you know for you know for issues related to his project it's it's a
secured interest in real property and so it's going to be a lean just like a mortgage would be and when the property is sold and the seller gets the money off the top of that you know is uh you know the amounts uh that the party's agreed to uh with respect to Mr Lee's secured interest on each property so so it's a good deal for Mr Lee it's what's an estimated timeline on that I don't know exactly my client says that once his uh permitting privileges are reinstated next
month because the one-year probation on Mr trans permitting privileges expires I believe April 9th so presumably by you know a few days after that uh he should be able to uh start pulling permits again he said once he can get those projects going he has toates about four to five months to complete and so so Jennifer is that after our next board meeting April 9th and then 4 five days our next board meeting is April 2nd I believe um so April 9th would be continuation well not
necessarily because if we can get the documents recorded before the next board meeting then Mr Lee and I will show up and and represent that fact to the board to show that secured interests have been put in place uh to take you know to take care of uh the Judgment satisfaction situation and as far as uh you know any suggestion that I am gaming the system by waiting until the last minute to talk to somebody to come here and uh request a continuance I just want to assure you that is not the case uh
I've been in regular contact regarding this issue with Mr Lee's attorney throughout the past month this is just not the type of thing that people instantly agree to if you recall last meeting Mr Lee rejected this offer and so the offer and discussions only became uh in live again when I spoke with Miss henin about the jurisdictional issue and she realized that the board did not have the authority or jurisdiction to revoke the license and I assume that when that fact
was reported to Mr Lee he reconsidered whether our offer made sense and so we have been working on that ever since that point but why were payments stopped in April because he lost his permitting Privileges and can no longer do work but if I recall he didn't lose his perit privileges he could finish he could finish the jobs he had which means he still had the opportunity to bring money which yeah correct and I think he had uh one or two jobs open that did get finished and that's when he came back last summer to ask the board to reinstate his permitting privileges at that
point well I hope you understand the reason why I say strategy here is that it's it's convenient I guess is another word I would use that payments were stopped in April permits were still open so that he could continue to make money so he definitely could continue to make money but he only had one or two projects open at that time as far as I recall and and yes that admittedly that looks bad I'm not I'm not saying that doesn't look bad he loses his permitting in April he can't make payments in May May is when this board lost jurisdiction you know of of the case yeah that
is certainly you know not a good look but I can tell you you know with the benefit of hindsight that was not in any way schemed planned intended or even recognize that so what we have before us I'm pretty sure I'm correct M Jennifer can help make sure that I'm in line with this but what we have before us is the probable cause and if the probable cause goes forward to a disciplinary in April we do have the ability to reach back into suspending privileges something with his
license so we haven't given our presentation today in regard to the probable cuse and and some of that is defi defined in the investigative report and I think chrisy touched on that earlier um because this is this probable cause is only relegated down to this one code section um and that comes with certain F disciplinary actions right but in addition correct me if I'm wrong but isn't Mr TR licensed in other jurisdictions so he had places other places where he could make
money than just just Gia County I don't know about his other uh jurisdiction registrations um Can staff answer that for me so we do in his permitting his licensing card have where we did he did reciprocity to other because we have to provide letters to those other jurisdictions so I do know that he did reciprocate off the top of my head to Santa Rosa okay I think uh we need to determine as a board are we following the money are we following the actions that we
took at the last board meeting and now we've got another case in front of us because you know for whatever reasons uh whatever actions we took at the last meeting uh had to be vacated so if we're satisfactory today with a payment structure that they work out then we can continue but if the goal of this board a majority of it is that we're still following through with the actions that
we're going to take then I don't think whatever deal they work out should make a difference and prolong it so I'm going to throw that out there again if we're chasing the money and if we're going to be satisfied with the money being paid or are we going to take action on the license holder and I think with this too this is um a new case in front of us and I'd like to hear the presentation that is correct it is a new case okay thank you Mr H's go ahead and proceed forward if you don't mind
M Jennifer M Miss Reber is this your investigative report that is displayed on the screen before the board yes it is and um there was a a complaint filed who was that complainant Lynn Yang Lee and what was the date of that complaint February 17th 2025 and what case number was assigned 25213 coom and who was the complaint filed against my D Tran doing business as M&H Construction
Services LLC and during your investigation were you able to determine whether any code violations existed or possible code violations yes I was code section 1837 d17 failure to satisfy a civil judgment obtained against the license or the business organization qualified by the lense e within a reasonable time per Florida statute reasonable time shall mean 90 days following the
entry of a civil judgment that is not appealed the board will consider a mutually agreed upon on payment plan by the contractor as satisfaction of such in a judgment so long as the payments are current and what was your justification for that code section Tran has failed to satisfy a con a consent final judgment issued in the Circuit Court of Escambia County on October 8th 2024 and
is there supporting documentation attached to the agenda yes there is can you please take us through those items investigators exhibit D notice of affid David dated October 3rd 2024 in support in support of default in payment and is that the item that is displayed on the screen for the board that is correct complaintants exhibit a consent final judgment dated October 88th 2024 in the amount of
1,000 sorry $121,000 and is that the item that is displayed before the board that is correct can you please um tell the board what is the address of record with Building Services for Mr Tran 1161 West 9 and5 Mile Road Pensacola Florida 32534 and we were put on notice by the board that Mr TR had representation that is
correct and is investigators exhibit B you the notice of probable cause for today yes it is is that is what is displayed to the board on the screen yes it is and is investigators Exhibit C um proof of delivery to the representation for Mr TR that is correct staff would request that items attached to the agenda be moved into evidence
do have a motion all moved second second all in favor raise your right hand all oppose same sign seeing none hearing none motion is approved and I see that you have a brief summary at the bottom of your investigative report can you please take us through that yes I can this case stems from a case 22686 coom that was previously heard by this board cour the parties reached a confidential settlement in Civil Court the complaintant notified the county that the terms of the
settlement were not satisfied investigation resulted in a confirmation of default and payment of the Judgment by the respondent C investigators exhibit D notice of affidavit executed by the judge there is a typographical error there there is a CE listed before that complaint number um that should not not be there that concludes the presentation of this case for us okay what's the thoughts of the board haven't heard all the information
turn it's our option uh to move it to disciplinary hearing is that mhm or dismiss I guess or continuance I guess we could do a continuance to see if they were or go ahead and move it to a disciplinary I'm just not saying what his license and what we do with his license has anything to do with the so yeah uh at the beginning of the meeting Miss Chris I'm Sor was we're glad to hear glad to hear at the beginning of the meeting Miss Christie uh M us
that we actually were above our uh boundaries last meeting by doing what we did revoking the license because of it being over the time period so we res sended what we did last month because it was not proper for us to do that so we're back now with the new complaint and the limit now because this is a first offense would be just a fine and not anything to
do with the license so we're we had to regroup understand thank you no no thank you for being here so we basically can either move to disciplinary hearing we can dismiss completely or we can do a continuance to see if this situation will work out at the last hour again that's our three is that is that right Mr legal good I make a motion to move to disciplinary
hearing second okay we have a motion and a second to move to disciplinary hearing any any discussions and uh chair um Miss Melanie would it be for the code uh violations cited within the investigative report yes I make a motion to move to disciplinary hearing uh for the violation against code section 1837 d17 a failure to satisfy a civil judgment obtained against the license or the business organization qualified by the licy within a reasonable time
SEC okay all in favor raise your right hand I'll oppose same sign seeing none hearing none motion is approved unanimously to move to disciplinary hearing and it's still 10 till 4 we're almost finished any other business no sir there isn't there are no other agenda items
good deal we BS have any business Mee and journ thank you thank you