CLB Minutes 06/19/2013 CONTRACTORS
LICENSING BOARD
Minutes
June 19 , 2013
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FILED #43
-. I NTY. FLORIDA
June 19, 2013
2013 JUL 24 PM 12: 20
MINUTES OF THE
VI POUNTY CONTRACTORS' LICENSING BOARD
eY c MEETING
June 19, 2013
Naples, Florida
LET IT BE REMEMBERED, that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Chairman: Richard Joslin
Vice Chair: Patrick White
Members: Ronald Donino
Kyle Lantz
Thomas Lykos
Robert Meister
Jon Walker
Excused.• Michael Boyd
Terry Jerulle
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
James F. Morey, Esq. — Attorney for the Contractors' Licensing Board
Ian Jackson — Licensing Compliance Officer
r
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
JUNE 19, 2013
9:00 A.M.
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
BOARD OF COUNTY COMMISSIONERS CHAMBERS
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: April 17, 2013
V. DISCUSSION:
VI. NEW BUSINESS:
(A) Edward G. Ernst — Contesting Citation(s)
(B) Robert M. Gallagher — Waiver of Examination(s)
(C) James Hardy — Waiver of Examination(s)
(D) Nathan J. Hinz — Review Of Credit Report(s)
VII. OLD BUSINESS:
(A) Victor Treissa DBA Kitchen Installations of SWFL, LLC.
(B) Orders of the Board
VIII. PUBLIC HEARINGS:
(A) Case # 2013 -07 — Albert J. Scott — D /B /A - Beaumont Communications Inc.
IX. REPORTS:
X. NEXT MEETING DATE: WEDNESDAY, JULY 17, 2013
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONERS CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
June 19, 2013
Any person who decides to appeal a decision of this Board will need a record of the
proceedings and may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the Appeal is
to be based.
I. ROLL CALL:
Chairman Richard Joslin called the meeting to order at 9:03 AM and read the
procedures to be followed to appeal a decision.
Roll call was taken and a quorum was established. Seven voting members were present.
II. AGENDA — ADDITIONS OR DELETIONS:
Additions:
• Under Item V, "Discussion"
o A. House Bill #269
• Under Item VI, "New Business"
o C. James Hardy — Waiver of Exam — Credit Report
Continuations:
• Under Item VIII, "Public Hearings"
o Case # 2013- 07: Albert J: Scott, d/b /a Beaumont Communications, LLC
was continued to the next meeting, as requested by Mr. Scott's attorney
III. APPROVAL OF AGENDA:
Thomas Lykos moved to approve the Agenda as amended. Second in support by Kyle
Lantz. Carried unanimously, 7-0.
IV. APPROVAL OF MINUTES — APRIL 17,2013:
Vice Chairman Patrick White moved to approve the Minutes of the April 17, 2013
meeting as submitted. Second in support by Thomas Lykos.
Carried unanimously, 7— 0.
V. DISCUSSION:
A. House Bill #269
(A copy of the Bill was distributed to the members.)
• The Bill was signed into law by the Governor on Friday, June 14, 2013.
• Effective date: July 1, 2013
Michael Ossorio referenced Page 7, specifically Citations under "Prohibitions;
penalties." (Section 489.127, subsections 5 and 6)
2
June 19, 2013
Vice Chairman Patrick White noted:
• The percentage that local government can seek in collection was increased
from 25% to 75% (Page 8)
• The amount of a fine was increased from $1,000 to $2,500 per day for each
day the violation is not abated
He stated much of the Ordinance and Code tracked Florida Statutes. He suggested
contacting the County Attorney's Office to determine whether the Board of County
Commissioners requires a recommendation from the Contractors' Licensing Board.
He also suggested scheduling a Workshop with the BCC and the County Attorney's
office to discuss revising the Code to conform to State law. Past practice has been to
ask permission of the BCC before making recommendations concerning modifying
the Code.
Thomas Lykos noted the Florida Homebuilders Association has worked for two
years to increase the amounts of the penalties and fines levied for unlicensed
contracting. He suggested the Contractors' Licensing Board endorse the changes
that have been made.
Vice Chairman White and Mr. Lykos volunteered to work with the County
Attorneys' Office.
Michael Ossorio suggested contacting DSAC (Development Services Advisory
Committee) to bring the changes to that Committee's attention.
It was noted on Page 7 the word, "shall," was replaced by "may" indicating some
flcxibility.
Michael Ossorio will contact Jamie French, the County Attorney's Office, and will
notify the Contractors' Licensing Board members via email.
VI. NEw Busmss:
(Note: Regarding cases heard under Section VI and Section VIII, respectively, the
individuals who testified were first sworn in by the Attorney for the Board.)
A. Edward G. Ernest — Contesting Citation(s)
Citation: #7598 ( "Unlicensed Painting Contractor ")
Date Issued: April 5, 2013
Fine: $300.00
Description of Violation:
Engage in the business or act in the capaciy) of a Contractor, or advertise self or
business organization as available to engage in the business of, or act in the
capacity of a Contractor, without being duly registered or certified.
June 19, 2013
Edward Ernest:
• Not guilty — did not do any painting
• Has a "Maintenance" License — Lawn mowing business (9 years)
• He did caulk, spackle and "patch painting"
• Was simply helping out a disabled friend
• Was not paid — no compensation of any kind
Ian Jackson, Licensing Compliance Officer:
• April 5, 2013: Complaint was received concerning possible unlicensed or
unpermitted construction
• Location: 1200 Cherrystone Court, Unit A -101
• A permit had not been pulled — unpermitted remodeling of the Condo unit
• Site inspection: Officer was not allowed access to view the unit
o Met "Curt" for the second time — initially met in February
o Curt stated he was delivering tile
• Met with Mr. Ernst who stated he was "helping out a friend "
o Stated he thought his Business Tax Receipt would allow him to do the
work, i.e., "patch painting"
o A Citation was issued for Unlicensed Contracting
• A "Stop Work" Order was issued for unpermitted painting and also for
unpermitted construction work taking place
• Working with the City of Naples to obtain a Permit under the owner of the
condo unit
• Exhibit 6 — Collier County Business Tax receipt — "No Contractor work"
• Exhibit 8 and 9 — Handyman Affidavit: "Can NOT Do List"
o Painting is listed as activity requiring a Specialty Contractors'
License
o Signed by Edward G. Ernst on September 2, 2007
• The County has no position on whether Mr. Ernst was involved in the
unpermitted construction work — the Citation was issued only for unlicensed
painting.
Mr. Jackson stated because he had not been allowed inside the unit, he had no idea
how much work has been done and relied on the statements made by Mr. Ernst while
they were speaking outside the condo. Mr. Ernst admitted that he was painting at the
time of the site inspection.
Thomas Lykos noted Ian Jackson had referenced "neither individual" would allow
access to the condo and requested clarification.
Ian Jackson replied the individuals were a gentleman named "Curt" and Edward
Ernst.
Mr. Lykos asked Mr. Ernst to explain his relationship to "Curt" and the response
was, "He's a friend."
Q. "Does he also have a relationship with the owner of the condo?
A. "Yes, sir."
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June 19, 2013
Q. (TL) "And was Curt compensated for his work ?"
A. "Not that I know of — I mean, we've all been friends and we don't change
money."
Q. (TL) "Was there any other benefit that you received from the owner of the
condominium ?"
A. "No, sir. He's been in Germany for three months. I haven't received anything
from the man — I never have and I never will. I do it because he's disabled.
That's my main reason."
Q. (TL) "I understand."
A. "First of all, he's a good friend and I was just helping out. I don't see where the
problem was. I didn't do anything illegal."
Q. (TL) "Why did you refuse to allow Mr. Jackson access to the condo ?"
A. "Because `Ian' told me not to let anybody in his place. I have a key and I'm held
responsible. That's what he asked me to do."
Vice Chairman White asked Edward Ernst if he was referring to the owner and if
his first name was Ian.
A. "Yes, Ian Vester."
Chairman Joslin asked Mr. Ernst if he was admitting responsibility for what went
on in the condo since he had a key.
A. "There are a lot of people with keys — even Curt has a key. I don't know how
many people have a key. But I know I do and I don't want to be held responsible
if something comes up missing in there. He asked me never to let anybody in.
So that's what I go by. I abide by what he said."
Q. "Was he here in the country at the when this went on — was he here at all ?"
A. "He was once in a while:. He's been in and out of there, but he's been gone for
three months now."
Q. "So at the time when you were doing the work, the owner was not even
present ?"
A. "He wasn't present the last time — I've only been there a few times. I go for
about an hour and make sure there's no leaks — nobody's broke into the place,
you know, for him and stuff. But I haven't been there that much to redo a place
or whatever."
Mr. Ernst directed his question to Ian Jackson asking if they have seen each other
twice.
Ian Jackson: "Yes. Once in February and once in April at the condo."
Jon Walker asked Mr. Ernst if he had dealt with Ian Jackson previously.
A. "Just in February."
Q. "Okay. So you know he is a County official, right ?"
A. "Yes."
Q. "Your concern for not letting him in the preinises was possibly that he would
take something ?"
A. "The owner asked me not to let anybody in the building."
June 19, 2013
Q. (JW) "Even if this was a County official who was just trying to verify what type
of work was going on?
A. "I'm only abiding by what he asked."
Q. (JNV) "That's kind of murky to me."
A. "I don't know what to say to that. He asked me not to let anybody in his place,
so I didn't. It's not my responsibility to let him in there — I wouldn't think."
Q. (JV) "It appears to me that you guys had something that you didn't want him to
see."
A. "That shouldn't make me guilty because I didn't let a man in the premises — that
I was asked not to let anybody into. If I didn't have a key, I would have let him
in because I wouldn't have any responsibility."
Chairman Joslin noted Mr. Ernst testified he was to spackle some holes in the wall
and the paint over the patched holes. He asked Staff if the actions qualified as work
performed by a Drywall Contractor — if a Drywall Contractor would perform the
same type of work.
Michael Ossorio stated it would have been determined in the field. Spackling a
couple of holes and painting did not necessarily constitute work performed only by a
Drywall or Stucco Contractor.
He continued that painter typically sands and/or spackles to prepare walls for
painting. A drywall company can't paint, but a painting company can finish the wall
and prepare it for paint.
Ian Jackson distributed copies of two photographs of the interior of the condo to the
Board for their review.
Vice Chairman Patrick White moved to approve admitting the photographs into
evidence as County's Exhibits E -10 and E -11. A second was offered in support.
Carried unanimously, 7 — 0.
Ian Jackson stated he was ultimately allowed access to the interior of the unit by
the Condo Association president. He determined the unit was being substantially
remodeled — new drywall, new kitchen, new bathrooms, new plumbing, new
electrical. He issued a "Stop Work" Order for the unpermitted remodel. The
photographs were taken on April 6, 2013.
Ronald Donino asked Mr. Jackson how many times he met Edward Ernst.
A. "I met with Mr. Ernst on February 21St "
Q. "And he was doing something then ?"
A. "They were at the condo and they said they were cleaning. I had no other
evidence to indicate otherwise. No action was taken."
Q. "And the second time ?"
A. "The second time — Mr. Ernst indicated that he was painting the condo. So I
issued the Citation."
June 19, 2013
Vice Chairman White asked Mr. Jackson if he believed the photographs accurately
reflected the condition of the property when they were taken on April 6 th?
A. "Yes."
Vice Chairman White asked Mr. Ernst to view the photographs. He asked him if
the property looked like the photos on April 6h.
A. "Yes, sir."
Q. "Is the place where you were doing the caulking, patching and patch painting
evident in those photos? Is that part of the photos somewhere ?"
A. "No, sir. Nope. Any painting that was done in the place, I was an eye witness
because he was there. I was there at the time. Ian, himself, did all of the
painting that was done in the place so far."
Q. "Other than what you have stated, you have done ....
A. "I haven't even painted the patch — I just got started on the caulking. It was
pretty early in the morning, and when I got there, I started out caulking. And
that's as far as I got before Mr. Jackson came."
Q. "But you did say that you had caulked, spackled, and patch painted the condo
walls."
A. "No, he asked me what I was going to do in there and I was telling him. I
planned to caulk, spackle, and patch paint."
Q. "So what you actually only had done, up to today, was just caulking the nail
holes or screw holes?
(The question was repeated.)
A. "Yeah, and I'm not even finished with that — I mean, I don't have to go in there
and do it as a jab. I do it on my free time. When I get done mowing in East
Naples, I go over there for about an hour."
Q. "I understand, What part of the condo — if it's not shown in thosc photos -- in
what part of the condo that you were doing ... T'
A. "I started in the back right bedroom."
Q. "And those photos depict what area of the condo ?"
A. "This is the kitchen area."
Richard Meister asked the following questions:
Q. "So all that painting was done by the owner, Ian?"
A. "Yes, sir."
Q. "I thought he had a stroke."
A. "He did. He's still a hard- working man."
Ian Jackson noted the condo was owned by a corporation, Regina Vester, LLC,
which is owned by a Gunter Vester and the registered agent is Keith Marvelle who
is a real estate agent.
He stated he has spoken with Mr. Marvelle who is attempting to work with the City
of Naples to satisfy the permit requirement but without success because he has been
unable to contact the homeowners in Germany. In summary, the registered agent for
the corporation that owns the property can't reach the owners in Germany.
7
June 19, 2013
Chairman Joslin asked, "Who is the other Ian ?"
Ian Jackson replied, "I think he's a man by the name of Ian Jens — a local business
owner who portrayed himself, on my first visit in February, as a representative of the
condo owners in Germany. Curt and Ed provided his phone number. There could
be a mix -up of the name — I could be mistaken."
Chairman Joslin asked Mr. Ernst for clarification.
A. "The guy's name that I know is Ian Vester. When he closed, he was excited and
called me up to come over and look at it. I thought it was his place."
Q. "Who gave you a key ?"
A. "Ian."
Mr. Ernst stated "Ian's" last name was Vester.
Vice Chairman White asked if "Ian" could be Mr. Vester's middle name — that he
does not use Gunter.
A. "I do not know that, sir, at all."
Vice Chairman White noted there was no "contracting" if there was no consideration.
Thomas Lykos stated that, in a workshop, the definition of contracting had been
discussed. He noted the wording in the Ordinance that defined the term of contracting
had been changed. He referenced a previous case heard by the Board during which
the testimony was that there had not been an exchange of good or services.
Chairman Joslin again asked Mr. Ernst to confirm that he had not been paid in
cash — dollars and cents, and the response was, "Correct."
He asked if there was any other type of trading of services and the response was,
"No, no trading."
Mr. Ernst stated that he didn't see where there was a problem because "the man
was disabled."
Chairman Joslin stated he was trying to understand how, when Mr. Ernst was not
sure of the man's full name, he could volunteer his services. He also noted that Mr.
Ernst was in possession of a key to the property.
Edward Ernst stated he thought he received the "ticket" because he had been
painting under "contractor capacity." He reiterated he hadn't painted anything in
the condo.
Vice Chairman White asked Mr. Ernst if he had paid the fine and the response was,
"No."
Mr. White stated there appeared to be two issues: First, whether or not the activity
that was claimed to have taken place was contracting under the scope of the Code,
and whether what Mr. Ernst says he did versus what the County has said he did falls
under the scope of work that a Painting Contractor is licensed to do. If it is within
that scope of work, then the Board can consider whether or not to deny his request to
dismiss the Citation.
Attorney James Morey, Counsel to the Board, referred the members to Chapter 22,
June 19, 2013
Article.V, Section 22 -162 of the Municipal Code for the definition of contracting:
"Contracting means, except as exempted in this part, engaging in
business as a contractor and includes, but is not limited to, performance
of any of the acts as set forth in Subsection (3) which define types of
contractors. The attempted sale of contracting services and the negotiation
or bid for a contract on these services also constitutes contracting. If the
services offered require licensure or agent qualification, the offering,
negotiation for a bid, or attempted sale of these services requires the
corresponding licensure.."
Attorney Morey: "I think the crux of the question asked by Mr. White: was there a
bid — was there a negotiation or consideration — was there an agreement to do these
services — an offering to hire ?"
Patrick White: "The quote is `engaging in the business of ...'
Attorney Morey referenced the qualification for a Painting Contractor:
"Painting contractor requires 24 months experience, a passing grade
on an approved test and a passing grade on a business and law test
and means those who are qualified to use spraying equipment as well
as hand tools to finish both exterior and interior work.
A painting contractor may do paperhanging, sandblasting, water-
proofing, and may clean and paint roofs."
Jon Walker inquired whether the handing of a key constitutes an agreement.
Attorney Morey replied that it might, but asked what was the agreement — was it
to safeguard the property or to give someone access.
Patrick White asked what was the benefit, the consideration for the person who
accepted the key. He noted there has been no indication from either the County or
Mr. Ernst that he used the premises, for example, to watch the big screen TV or
have a party or to use the pool. Nothing indicated that he received anything of value
or benefit, and certainly no testimony from the County or Mr. Ernst about being
engaged in a business.
Thomas Lykos asked if the Board could ask questions concerning the unpermitted
work.
Attorney Morey stated he would defer to the County Attorney's Office and noted
discussion of the details of an ongoing investigation may not be allowed.
Michael Ossorio requested that the questions refer to the Citation and the
investigation/testimony by Ian Jackson because the homeowner may return to Collier
County in the future.
Mr. Ossorio indicated the owner will be contacted and asked for his understanding
concerning the unpermitted work in the condominium.
He concluded the unpermitted work does not have any bearing on Mr. Ernst's
situation — unlicensed painting — and the Board may hear a case in the future
involving the same address and a charge of unlicensed general contracting by an
individual.
June 19, 2013
Chairman Joslin moved to approve finding that Edward Ernst was guilty of
the violation specified in Citation #7598 and impose a fine of $300.00.
Second in support by Jon Walker.
Discussion:
• Lantz: I don't think he was compensated so I have a hard time finding him
guilty.
• Joslin: He admitted he was there to paint.
• Ernst: What I'm trying to get to is that I haven't painted anything in that
condo. I am telling you under oath that I did not paint in that condominium
at all.
o He clarified when he spoke with Ian Jackson, he said he
intended to paint — not that he had done any actual painting.
Lykos: When the wording in the Ordinance was changed, it was to be clear
that anybody who worked for compensation would be considered
"contracting for services" whether or not they held themselves out as a
Contractor. It was the action of taking compensation for work as opposed to
someone who held himself out as a Contractor. At that time, people were
trading services and we wanted to be certain that we addressed those
circumstances. The way the Ordinance is written, if there was no proof that
compensation was exchanged, the Mr. Ernst was not contracting.
o He noted in a single family home, there is an owner with liability
insurance. In the present situation, the property is a condo, and
the owner of the undo and Mr. Ernst put the other condo owners
at risk. It is a different circumstance.
Chairman Joslin called for a vote. Motion carried, 4 — "Yes 73 — "No. " Vice
Chairman White, Kyle Lantz, and Thomas Lykos were opposed:
Chairman Joslin reminded Mr. Ernst that he was required to pay the $300 fine.
B. Robert M. Gallagher - Waiver of Examination(s)
Michael Ossorio provided background information:
• In 1996, Mr. Gallaher was licensed as a Tile and Marble Contractor
• In 2007, his license was null and void for non - renewal
• He is before the Board to request a Waiver of Examination and to reinstate
his Tile and Marble Contractor's license. He will be required to pay all fees.
• Mr. Gallagher has been issued a floor covering license
Robert Gallagher:
• He left the state in 2007 and went to New Mexico where he worked installing
tile and marble. The Contractor was from Marco Island.
• In addition to his Collier County license, he let his licenses lapse in Lee
County, Cape Coral, Sanibel, Punta Gorda, and Charlotte County.
June 19, 2013
His licenses haves been reinstated everywhere else.
o He stated he would provide copies of same, if required.
He has not worked in Collier County except as an employee for "Floor
Crafters."
• He began work in 1990 for Robb and Stuckey.
Vice Chairman White asked if Mr. Gallagher if he petitioned the other Counties to
waive the same examinations as he was requesting from Collier County.
Robert Gallaher stated he was not required to re -test elsewhere but did have to
explain his situation to each Licensing Board. He provided letters of reference from
a contractor, a floor covering business and an interior designing concerning his
competency in the trade and his workmanship.
Michael Ossorio reminded the Board that more than three years have passed since
Mr. Gallaher's license lapsed and he is required to take the tests unless the Board
issued a Waiver. He noted the Tile and Marble test and the Business Procedures test
have not changed since he took them initially. (Test score: 98% for each)
He stated the County recommended reinstating his license which will become
effective upon payment of the back fees.
Vice Chairman White moved to grant the Request for a Waiver of Examination
and reinstate the Tile and Marble license of Robert M. Gallagher upon payment of
all back fees. A second in support was made.
Discussion:
• Lykos: If this was a completely new license application, it is possible that
the credit report would be taken into consideration before the application was
approved. It is possible that the Board would deny the license or approve a
probationary period based on the credit scores. It is not an automatic
process.
• Ossorio: That is correct.
Chairman Joslin called for a vote. Carried unanimously, 7— 0.
C. James Hardy Waiver of Examination(s) / Review of Credit Report(s)
Michael Ossorio stated:
• James Hardy was licensed as a Glass and Glazing (Specialty) Contractor in
four different jurisdictions
• The license lapsed in 2011
• There have been no complaints in any of the other Counties where he was
licensed (Pinellas, Hillsborough, Pasco and Sarasota)
• The County has no objection.
• Recommendation: Granting the Request for a Waiver of Examination and
reinstating his license which will become effective upon payment of the back
fees.
June 19, 2013
James Hardy:
• Lee County recently reinstated his license without requiring re- testing.
Chairman Joslin pointed out Mr. Hardy's business card does not include his license
number which is required.
Vice Chairman White noted there was only one affidavit which was a character
reference but no affidavits concerning his workmanship or attesting to his continuing
to work in the trade since his Collier County license lapsed.
Mr. Hardy stated he has been working since 2011 in Pinellas, Hillsborough,
Sarasota and Pasco Counties.
Mr. White stated the application was incomplete and referred to "Verification of
Construction Experience" on Page 7.
James Hardy:
I have been in business since 2004
• Company name: Clear Choice Windows and More, Inc.
• Install and service windows /doors
Michael Ossorio stated the County occasionally retrieves an old application from
storage to help the applicant who was issued a license approximately 5 years ago.
Anything that is missing will be corrected before the license is issued.
Thomas Lycos explained to Mr. Hardy: "The way our Ordinance is written, in
order for us to approve your application, we have to verify that you have been
performing that work on a regular basis from the time that your license lapsed in
Collier County until now. What we want, for the record, because your packet is
incomplete, is for you to tell us in detail that you have been performing that work
for the past two years so we will have formal verification. Please give us some
details so we may comply with our Ordinance."
James Hardy: "I have salesmen who sell windows and doors. The installers are
all employees of mine. I have been doing that for the last two years everywhere
else except Collier County where my license had lapsed.
Chairman Joslin asked if the business still employed 29 people and the response
was, "Yes."
Michael Ossorio asked Mr. Hardy to verify that his licenses in Hillsborough,
Sarasota, Pinellas and Pasco Counties were current and that Clear Choice Windows
and More, Inc. was conducting business in these counties.
James Hardy stated, "Correct."
Vice Chairman White moved to grant the Request for a Waiver of Examination
and reinstate the Glass and Glazing license of Tames Hardy upon payment of all
back fees. Second by Thomas Lykos. Carried unanimously, 7— 0.
Mr. Hardy was cautioned to not distribute any of his "old" business cards and to
insure that his trucks displayed the Collier County license.
12
June 19, 2013
D. Nathan J. Hinz — Review of Credit Report(s)
Chairman Joslin noted the Board was to review Mr. Hinz's credit report concerning
his sealing and striping contracting business. He stated the name of the business,
Nathan Contracting Services, LLC, was not very descriptive regarding the type of
work. It could be misleading to the public.
Nathan Hinz replied it was his intention to obtain a residential contractor's license
and operate both businesses under the same LLC.
When asked for a tentative date, Mr. Hinz replied, "In approximately one year."
Vice Chairman White referred to Mr. Hinz's individual credit report and noted he
paid $50 for the report. He stated there were seven outstanding collection items
ranging in value from under $500 to almost $1,200. He requested clarification from
Mr. Hinz as to why the items had not been paid.
Nathan Hinz responded that several have been paid especially those that he had
generated. Several were the responsibility of his ex -wife but he will pay them as
soon as possible because they remain on his credit report. He stated he has paid in
cash for his vehicles and other items. He will do so until he can open a small line of
credit to pay off the debts and re- establish his credit.
Mr. White requested an estimate of the time required to remove the items from his
credit report and the response was, "I believe within the next three months."
Mr. Hinz estimated his credit report should be clear within a year.
Thomas Lykos moved to approve granting the sealing and striping contractor's
license to Nathan J. Hinz and imposing a probationary period of six months after
which Mr. Hinz is to present an improved credit report to the Board for review.
Second by Jon Walker.
Mr. Lykos explained the Board was not setting a specific target for Mr. Hinz to
reach — only that they see improvement when he returns in six months. At that time
the Board will decide to extend his probation, suspend his license, or end the
probation.
Chairman Joslin called for a vote. The motion was carried unanimously, 7— 0.
OLD BUSINESS:
A. Victor Treissa, d/b /a Kitchen Installations of SWFL, LLC — Review of Credit
Chairman Joslin noted Mr. Treissa had returned at the end of his six -month
probationary period with a current credit report. He noted the credit score had been
raised by approximately 23 points.
Victor Treissa stated he is working on improving his credit rating but still has not
been able to finalize all the medical bills. He stated two items that he has paid have
not been reflected on the new credit report, i.e., a Sprint bill for approximately $300.
He further stated, with reference to the foreclosure action, the Judge ruled that .
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June 19, 2013
the Bank of America had not acted in good faith and a loan restructuring was in
process.
It was noted that the amount owed to the State of Florida, which had been paid prior
to the initial hearing, was also not reflected on his current credit report. The receipt
of payment had been provided with the initial application packet.
When asked about the status of the FPL bill, Mr. Triessa stated he is disputing the
bill since he was not residing in the State of Florida when the usage occurred. He
was living in Georgia at the time and did not have an account with FPL.
Chairman Joslin stated while there had been improvement, he would move to
extend the probation for another six months.
Mr. Triessa agreed, stating the discipline was good for him.
Chairman Joslin moved to approve extending the probationary period for Victor
Treissa for an additional six months. Mr. Triessa will appear before to the Board
in December, 2013, and provide a current credit report for review. Second by
Vice Chairman White. Carried unanimously, 7— 0.
B. Orders of the Board
Vice Chairman White moved to approve authorizing the Chairman to sign the
Orders of the Board Second in support by Thomas Lykos.
Carried unanimously, 7 — 0.
VIII. PUBLIC HEARINGS:
A. Case #2013 -07: BCC vs. Albert J. Scott, d/b /a "Beaumont Communications,
LLC"
• Continued to July meeting
IX. REPORTS:
(None)
X. MEMBER COMMENTS:
Thomas Lykos stated he will not attend the July meeting. (He will be on
vacation.)
Jon Walker announced his term has expired and he would not renew his
application as a member of the Board. He commended the members for treating
each case with zeal and vigor. He stated it had been his pleasure to have served
as a member of the Board.
Chairman Joslin thanked Mr. Walker for his service and his contributions
through his comments and questions.
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June 19, 2013
XI. NEXT MEETING DATE: Wednesday, July 17, 2013
BCC Chambers, 3rd Floor — Administrative Building "F,"
Government Complex, 3301 E. Tamiami Trail, Naples, FL
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chairman at 10:38 AM.
COLLIER COUNTY CONTRACTORS
LICENSING BOARD
Richard Josli , Chairman
The Minutes were by the Vice Chairman on 2013,
"as submitted ' "as amended"[_].
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