CLB Minutes 11/20/2013 CONTRACTORS
LICENSING BOARD
Minutes
November 20 , 2013
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November 20, 2013
FILED #43
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]�ly��'�E�rE MEETING
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COLLIER COUNTMODRACTORS' LICENSING BOARD
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Novem Der 20, 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:
ALSO PRESENT:
Michael Boyd
Ronald Donino
Terry Jerulle
Kyle Lantz
Thomas Lykos
Gary McNally
Robert Meister
Michael Ossorio — Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. — Assistant County Attorney
James F. Morey, Esq. — Attorney for the Contractors' Licensing Board
Coil'fer County UAd
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
NOVEMBER 20, 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: October 16, 2013
V. DISCUSSION:
VI. NEW BUSINESS:
(A) Herman Rudolph- Waiver of Examination(s)
(B) Brian J. Cleary- Waiver of Examination(s)
VII. OLD BUSINESS:
(A) Orders Of The Board
VIII. PUBLIC HEARINGS:
(A) Case 2013 -11- Eusebio Verrier (DBA) Tiki Huts Inc.
IX. REPORTS:
X. NEXT MEETING DATE:
WEDNESDAY, JANUARY 15, 2013
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONERS CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
November 20, 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 9:02 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.
The Board's new member, Gary McNally, introduced himself and was welcomed by
Chairman Joslin.
Michael Ossorio stated:
• Mr. McNally resides in Golden Gate Estates
• He will represent the "consumer"
(Michael Boyd arrived at 9:03 AM. Eight voting members were present.)
II. AGENDA — ADDITIONS, DELETIONS, OR CHANGES:
Deletion:
Under Item VIII -(A), "Public Hearings"
o Case 2013 -11: Eusebio Verrier, d/b /a "Tiki Huts, Inc. " was withdrawn.
Correction:
• Under Item X, "Next Meeting Date"
o The correct date is January 15, 2014
III. APPROVAL OF AGENDA:
Vice Chairman Patrick White moved to approve the Agenda as amended Thomas
Lykos offered a Second in support of the motion. Carried unanimously, 8 — 0.
IV. APPROVAL OF MINUTES — OCTOBER 169 2013:
Corrections:
• Eight voting members were present. At every occurrence where it was noted
that 7 members voted, the number was changed to 8.
• Page 16, 2nd paragraph - following "A. Through me."
o A new paragraph was inserted, beginning at "Without putting words into
anyone's mouth..."
Vice Chairman Patrick White moved to approve the Minutes of the October 16, 2013
meeting as amended. Thomas Lykos offered a Second in support of the motion.
Carried unanimously, 8 — 0.
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November 20, 2013
(Vice Chairman White left at 9:05 AM. Seven voting members were present.)
V. DISCUSSION
Michael Ossorio, Supervisor — Contractors' Licensing Office, stated he met with an
attorney for the State of Florida's Construction Industry Licensing Board ("CILB ")
regarding the CILB's position concerning Second Entities which is similar to that of the
Contractors' Licensing Board, i.e., very strict review of the application. He further stated
the CILB may issue a new policy in the near future concerning approval /rejection of
applications for a Second Entity. One requirement may be for the Qualifier to be an
employee of the company or have a 20% ownership interest in the company, especially
for Divisions 1 and 2. There is a much higher percentage of rejection for such applications.
He will advise the CLB of any developments.
He further stated the CILB is looking more closely at "experience" letters and requiring
verification of previous experience, i.e., the letter must detail the experience and be
notarized.
(Kyle Lantz arrived at 9: 07 AM. Eight voting members were present.)
Chairman Joslin mentioned Lee County conducted a "sting" operation recently in Cape
Coral concerning unlicensed contractors operating in the area. He stated he was very
surprised at the number of "contractors" who were cuught.
Mr. Ossorio noted his office issues an average of 60 Citations a month to unlicensed
contractors. The goal is to bring each individual into compliance. He stated the fines
issued by the Contractors' Licensing Office are higher than those imposed by the Court.
VI. NEW BUSINESS:
(Note: With reference to the cases heard under Section VI, the individuals who
testified were first sworn in by the Attorney for the Board.)
A. Herman Rudolph — Application for Waiver of Examination(s)
Michael Ossorio explained the application for Waiver of Examination is under the
"Renewals" section of the Ordinance.
• A contractor must renew his/her license in September of each year.
• If a license has not been renewed by the end of November, the license is
considered to be "delinquent."
• In January, the license will be suspended for a period of twelve months.
• After the suspension period, if the contractor has done nothing, the license is
considered to be null and void.
• The Ordinance states if a license is null and void and the license holder has
not taken a competency exam in three years, he /she will be required to take
the exam before an application for renewal can be approved.
November 20, 2013
Exception: If the exam is superfluous to the job or task the contractor is
doing.
Mr. Ossorio stated Mr. Rudolph chose to petition the Contractors' Licensing Board
rather than take the exam. If he proves to the Board's satisfaction that he has
continuing experience in his trade, the Board may grant his application for a Waiver
and not require additional testing.
Chairman Joslin questioned the Applicant:
Q. You were licensed for pool cleaning in 2009? Is that correct?
A. (Herman Rudolph) That is correct.
Mr. Rudolph examined:
• He did not have the funds to renew his license during the renewal period due
to the downturn in the economy
• Ile did not receive any renewal notices from the County
• He admitted it was an oversight on his part, i.e., not paying the fees for the
subsequent years
• He also holds a current license in Lee County
Thomas Lykos asked the Applicant if his license in Lee County had also lapsed.
A. Yes, it did.
Mr. Lykos asked Michael Ossorio how long the Applicant's license had been null
and void in Collier County.
Michael Ossorio stated Mr. Rudolph did not renew his license in 2011 or 2012; it
has been null and void since January, 2013. He noted Staff had delineated the total
amount of fees due on the first page of the application, i.e., $740.
When asked if he was prepared to pay the fees, Mr. Rudolph replied affirmatively.
Gary McNally asked the Applicant if he had remained informed of possible changes
to procedures during the past two years.
Herman Rudolph responded he continued cleaning pools as an employee of Oasis
Pool Service during that period of time.
Chairman Joslin asked if he had taken any continuing education courses.
Mr. Rudolph stated he had obtained his CPO license ( "Certified Pool Operator ")
and took pool classes in Orlando
(Note: CPO Certification is valid for three years from the date of issuance.)
Chairman Joslin explained the CPO course prepares an operator to service a
swimming pool, use the chemicals required, and maintain the safety of a pool.
Operators become certified to comply with health and safety regulations when
servicing commercial pools.
He further stated the Applicant should attend at least one continuing education
course every two years.
Mr. Rudolph stated his son has also obtained the CPO Certification.
November 20, 2013
Chairman Joslin noted the Certificate of Exemption from Workers' Compensation
insurance coverage provided in the information packet became effective on June 11,
2009.
He further stated, since he is a pool contractor, he knew the exemption expires
two years from the date of issuance. He stated Mr. Rudolph should have again
applied for an exemption in 2011.
Michael Ossorio explained:
• swimming pool cleaning is categorized as non - construction
• there is no expiration for non - construction exemption certificates
• there is no fee to obtain the exemption certificate and a pool cleaning
company may employ up to three people before Workers' Compensation
insurance coverage is required
• the cost to obtain a construction exemption is approximately $50.00
Chairman Joslin asked the Applicant if he was aware of certain restrictions, i.e.,
he was not allowed to change a pool filter and his response was affirmative.
Thomas Lykos moved to approve the application to renew Mr. Rudolph's license
without required additional testing. Ronald Donino offered a Second in support
of the motion.
Discussion:
Gary McNally asked if the Motion contained a requirement to attend the 13 -hour
training class. Mr. Rudolph stated he would comply.
Chairman Joslin reminded the Applicant he must pay all fees before his license will
be renewed and he agreed.
Thomas Lykos amended his Motion to include the training component. Ronald
Donino again offered a Second in support of the amended motion.
Motion carried, 7 — "Yes'Y I — "No. " Terry Jerulle was opposed.
B. Brian J. Cleary — Application for Waiver of Examination(s)
Brian Cleary stated:
• He has been in business as Bonita Beach Pools, LLC. since late 2005 —
beginning of 2006
• Approximately two years ago, he experienced several health issues
• He is licensed in Lee County
• He obtained CPO Certification in January, 2013 and has his continuing
education requirements
• He admitted missing the renewal deadline was an oversight on his part for
which he accepted responsibility
• He did not realize he had not renewed his Collier County license until
notified by his insurance carrier that his license was not current
November 20, 2013
Chairman Joslin stated Mr. Cleary's test results for the Business & Law exam
were dated March 17, 2009.
Mr. Cleary clarified he started his business in 2006 in Lee County. He stated he
did not do any business in Collier County until 2009.
Chairman Joslin asked how many pools the Application maintained and the
response was, "We have about 235 stops right now."
He clarified that Mr. Cleary was applying for a Swimming Pool Cleaning License
and the Applicant stated, "Yes."
When asked if he replaced any pumps or filters, the Applicant noted he is legally
able to refer that work to licensed Contractor who bills the client separately.
Thomas Lykos asked the Applicant if he maintained his license in Lee County and
remained active in business in Lee County.
Brian Cleary responded, "Yes."
Michael Ossorio verified that Mr. Cleary's license became null and void in 2011
and the amount of fees due was $740.00.
Mr. Cleary stated most of his business is in Lee County but he has acquired
accounts in Collier County.
Thomas Lykos moved to approve the application to renew Brian J. Leary's license
without required additional testing. Gary McNulty offered a Second in support
of the motion.
Discussion:
• (None)
Chairman Joslin called for a vote. Motion carried, 7— "Yes "/ 1— "No." Terry
Jerulle was opposed.
VII. OLD BUSINESS:
A. Orders of the Board
Thomas Lykos moved to approve authorizing the Chairman to sign the Orders
of the Board. Kyle Lantz offered a Second in support of the motion.
Carried unanimously, 8 — 0.
VIII. PUBLIC HEARING:
(Note: Regarding case heard under Section VIII, the individuals who testified were
first sworn in by the Attorney for the Board.)
A. Case #2013 -11: BCC vs. Eusebio Verrier, d /b /a "Tiki Huts, Inc."
Note: The case was withdrawn by the County. (Reference: "Item H. —Agenda")
0
November 20, 2013
Michele Ossorio stated the case was the first time he has dealt with a Special
Contractor for Tiki Huts. There are only two Specialty Contractors in the State who
have been certified by Tallahassee.
He noted there is an exemption in the Florida Building Code that applies to Native
Americans who are not required to obtain a license to construct a Tiki Hut. They are
required to go through the permit process only if there are set -backs issues.
IX. REPORTS:
Ordinance:
Michael Ossorio noted the Executive Summary written by Ken Kovensky
concerning the changes to the revised Ordinance will be presented to the Board
of County Commissioners in December. If approved by the BCC, the increases to
fees and fines should become effective on January 1, 2014.
Workers Compensation Violations:
Mr. Ossorio stated the Contractors' Licensing Office has been working with the
Department of Financial Services concentrating on violations in the Construction
industry. He stated one violator received a sentence of two years' probation and
was fined $4,000. A violator may be prosecuted for civil violations in addition to
the criminal case.
X. MEMBER COMMENTS:
• Thomas Lykos asked Attorney James Morey, Counsel to the Contractors'
Licensing Board, to provide an overview the section of the Ordinance concerning
Applications requesting a Waiver of Examination for the benefit of the Board's
newest member.
• Mr. Morey referenced Section 22 -184 of the Code under "Standard for the
Issuance or Denial of a Certificate of Competency:"
(a) Contractors. The Contractor Licensing Supervisor, or his designee,
shall issue a Certificate of Competency to the Applicant if it appears,
on the face of the application, as submitted by the Applicant, that:
1. The application is complete in accordance with the requirements
of this division;
2. The Applicant possesses the experience required by
Sections 22 -162 and 22 -183
3. The credit report submitted indicates no facts and circumstances
which show a failure to pay contracting related bills promptly;
4. The Applicant or Qualifier meets the requirements for financial
responsibility set forth in Rules 61 G4- 15.005 and 61 G4- 15.006,
Florida Administrative Code, as they may be amended from time
to time;
5. The Applicant meets one of the following criteria:
a. The Applicant has taken and passed an examination
approved and recognized throughout the state, as provided
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November 20, 2013
for in Section 22 -185, for the area of competency for which
application has been made; or
b. The Applicant meets all licensing requirements provided for
by this division;
6. All required affidavits have been submitted;
7. All required fees have been paid;
8. The Applicant possesses a current County occupational license;
and
9. The Applicant or the Qualifying Agent is at least 18 years of age.
(b) Referral of application to Contractor's Licensing Board for decision.
If it does not appear on the face of the application that the Applicant has
complied with the requirements of this Article so as to be eligible for a
Certificate of Competency, then the Contractor Licensing Supervisor
shall refer the application to the Contractors' Licensing Board for a
decision regarding approval or denial of the application.
(c) When an application is referred to the Contractors' Licensing Board, the
Board shall take testimony from the Applicant and shall consider other
relevant evidence regarding whether the application meets the
requirements of this division. Upon the evidence presented by the
Applicant and the Contractor Licensing Supervisor, the Contractors'
Licensing Board shall determine whether the Applicant is qualified or
unqualified for the trade in which application has been made. Findings
of Fact and Conclusions of Law regarding the approval or denial of the
application shall he made by the Contractors' Licensing Board. The
Board may consider the Applicant's relevant recent experience in the
specific trade and based upon such experience may waive testing
requirements if convinced that the Applicant is qualified by experience
whereby such competency testing would be superfluous.
1. If the Contractors' Licensing Board determines that an Applicant
is qualified for a particular type of Certificate of Competency, a
competency card shall be issued by the Contractor Licensing
Supervisor or his /her designee.
Chairman Joslin noted the Ordinance is not "cut and dry." He stated sometimes
testing is necessary.
Attorney Morey stated one of the most relevant questions asked by the Board
was whether or not the Applicant was currently licensed in another County and
had he /she been working continually in that County.
Chairman Joslin asked Michael Ossorio to explain the notification policy
followed by the Contractors' Licensing Office.
Michael Ossorio stated:
• The Code requires the Licensing Supervisor to send a renewal notice in
September.
• If a license is not renewed by December, the license is suspended as of
January 1St. The office sends a letter notifying the license holder of the
suspension of his/her license to the license holder's last known address.
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November 20, 2013
Chairman Joslin wished the members a "Happy Holiday" season.
XI. NEXT MEETING DATE: Wednesday, January 15, 2014
BCC Chambers, 3`d 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 10:30 AM.
COLLIER COUNTY CONTRACTORS
LICENSING BOARD
Richard Jusli i, Chairman
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The Minutes were approved by the (Past) Chairman on �� 2014 ,
as submitted' OR "as amended' U.
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