##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