CLB Minutes 10/15/2014 CONTRACTORS
LICENSING
BOARD
Minutes
October 15 , 2014
' October 15,2014
MINUTES
OF THE COLLIER COUNTY
C I ■ _' • CTORS' LICENSING BOARD MEETING
T, W It\I
October 15, 2014
Naples, Florida
By
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: Patrick White
Vice Chair: Thomas Lykos
Members: Ronald Donino
Terry Jerulle
Richard Joslin
Gary McNally
Robert Meister
Excused: Michael Boyd
Kyle Lantz
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. —Assistant County Attorney
James F. Morey, Esq. —Attorney for the Contractors' Licensing Board
Rob Ganguli — Licensing Compliance Officer
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C o er County
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
OCTOBER 15, 2014
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.
I. ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: September 17, 2014
V. DISCUSSION:
VI. NEW BUSINESS:
(A) Orders of the Board
(B) Tobias Simmons, Duane Thomas Marine Construction, LLC—Second entity application
(C) Martin Selden, Asphalt Seal & Repair of SW Florida LLC- Second entity application
(D) Yanira I. Tejada– Review of Credit.
(E) Leonardo F. Alvarez, Leomar Cabinets, Inc. –Waiver of Exam(s)for Reinstatement
VII. OLD BUSINESS:
(A) Marius Pughiuc, Advanced Flooring of SW FL, Inc. Review of Credit Report(s)
VIII. PUBLIC HEARINGS:
IX. REPORTS:
X. NEXT MEETING DATE: WEDNESDAY, DECEMBER 17, 2014
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONER'S CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
October 15,2014
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 Patrick White called the meeting to order at 9:00 AM and read the
procedures to be followed to appeal a decision of the Board.
Roll call was taken and a quorum was established; seven voting members were present.
II. AGENDA—ADDITIONS, DELETIONS, OR CHANGES:
(None)
III. APPROVAL OF AGENDA:
Richard Joslin moved to approve the Agenda as presented. Gary McNally offered a
Second in support of the motion. Carried unanimously, 7—0.
IV. APPROVAL OF MINUTES— SEPTEMBER 17,2014:
Corrections:
• On Page 13, (arrival of Mr. Meister)—changed to read as follows:
o "nine voting members were present"
• On Page 19, (Disclosure of Local Officer's Interest: Robert Meister)—changed
to read as follows:
o "which may have inured"
Vice Chairman Thomas Lykos moved to approve the Minutes of the September 17, 2014
meeting as amended. Gary McNally offered a Second in support of the motion. Carried
unanimously, 7— 0.
V. DISCUSSION:
(None)
VI. NEW BUSINESS:
A. Orders of the Board
Richard Joslin moved to approve authorizing the Chair to sign the Orders of the
Board. Vice Chairman Thomas Lykos offered a Second in support of the
motion. Carried unanimously, 7— 0.
(Note: With reference to the cases heard under Section VI, the individuals who
testified were first sworn in by the Attorney for the Board.)
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October 15,2014
B. Tobias Simmons —Application for Second Entity
(d/b/a "Duane Thomas Marine Construction,LLC.")
Tobias Simmons explained the reasons why he had requested to qualify a Second
Entity:
• There are various reasons to qualify Duane Thomas to perform electrical
work. It is easier to finalize a deal with a customer when electric is
included with dock construction.
• Most electricians do not carry the Longshoreman's Insurance required to
perform dock work for marine contractors.
• This is an opportunity for me to resume doing dock work.
Michael Ossorio stated the Applicant also qualifies "Prime Contractors and
Associates, Inc."
Richard Joslin asked the Applicant if he was applying to qualify a Second Entity
in order to work in Collier County and the response was, "Yes."
Terry Jerulle asked the Applicant to explain his purpose.
A. At the present time, an electrical contractor who wants to work for a marine
contractor has to obtain Longshoreman's Insurance. Most electrical contractors
do not want to deal with it. Marine Contractors are left with a limited selection
of electricians who can do the work.
Q. You are an electrical contractor?
A. Yes, sir.
Chairman White noted there were some pages missing from the application and
specifically cited Page 7.
Q. You're not an officer of that corporation?
A. No, sir.
Q. I ask that because on Page 4, under Question#5(b), your answer was "No."
The question was, "Has the proposed Entity been previously qualified?" The
`proposed Entity' is Duane Thomas Marine, correct?
Vice Chairman Lykos explained to the Applicant the Board had no idea that he
had applied to qualify Duane Thomas Marine for electrical because the packet did
not indicate that intention. He stated it appeared as if the Applicant was applying to
qualify Duane Thomas Marine as the primary qualifier in the construction business.
A. Oh, no.
Mr. Lykos continued a cover letter could have explained everything. Regarding
the question, "Has the proposed Entity been previously qualified?,"the Board
knows it has been while the Applicant's answer was "No."
Chairman White noted the corporation has been in business since 2003.
Vice Chairman Lykos suggested the Applicant should start over and explain what
Duane Thomas Marine is currently doing and his role in relationship to Duane
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October 15,2014
Thomas Marine. He stated the packet is totally inappropriate for what the
Applicant is trying to do.
Duane Thomas, owner of Duane Thomas Marine Construction, explained:
• I am a Marine Contractor and I build boat docks.
• In order to have electrical work done in Collier County, you need to have a
Longshoreman's Insurance Certificate. Very few electricians carry it
because they aren't doing that much dock work.
• There is a real problem with supply and demand because there are only a
couple of electricians who are available ... and they can be six—eight—
nine weeks out even if you can get them to quote the job.
• What I am wanting to do is to put Tobey on the payroll and hire a couple of
Journeymen Electricians—one of whom used to work for Mr. Bogart our
Electrical Inspector on Marco Island—and put them on our payroll and have
Tobey supervise them on a daily basis ... taking an hour or two hours to
make sure they are doing the job correctly.
• At the end of the day,the job is going to get done—it will be inspected by
Tobey and by the [Collier County] Inspectors but what I'm trying to gain in
this is a complete package for my customer.
• One—I can get it done in a timely manner, and quote the job and do it all
under the one corporation—Duane Thomas Marine Construction—and one
billing system.
• And for ease of me, so I can control what I've got going on in my business
because people don't want to pay for their boat dock until their boat lift is
wired. And if I can't get the boat lift wired for eight weeks down the road
because the electricians who do have the Longshoreman's Insurance aren't
available—it just makes the whole system untidy.
• And so I'm just trying to tighten it up and do this in my business plan. I've
brought my General Manager whose been with me for a year and my
business is growing again ... I went through some problems in 2009 with
the economy ... went through a Chapter 11 Reorganization ... a successful
one ... basically, what the need for this is ... one, for the customer in
streamlining to get the whole process done.
• The people who will be doing the electrical work will be Journeyman
Electricians and Tobey will be working with them and inspecting their
work.
Richard Joslin:
Q. What is the purpose of the Second Entity? If you're going to have him on
payroll and you're going to put him in as an employee, why not just use his
license?
A. He doesn't have Longshoreman's Insurance in his company.
Terry Jerulle:
Q. So it is just a matter of his getting Longshoreman's Insurance?
A. Well, there's more to it than that.
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October 15,2014
Q. I'm looking at the packet and I think there are a whole bunch of things that are
wrong here. You've done a fairly good job of explaining it, but I'm going to
recommend that you start over.
A. For what reason, sir?
Chairman White stated:
• You are missing one of the pages of the application.
• The information that is in it is not clear as to what the form of the request is.
Chairman White suggested reviewing the entire application so that he and Mr.
L Simmonundthe Board's concerns and can return with a complete packet. He
���d-er s� stated he reviewed the packet initially and had been confused. He was not clear
concerning "how it all fit together."
Michael Ossorio explained the process of applying for a Second Entity:
• When the Applicant comes to the office, there is a pre-app meeting during
which we go over the Application with the individual.
• We explain what items are to be filled out.
• The Applicant then receives the completed document and is responsible for
making the required 17 copies.
• The Contractors' Licensing Office is no longer responsible for making
copies because it was too time consuming for Staff.
He stated somewhere along the way between giving the document to the Applicant
who copied it and then returned the copies to the Office, pages were lost.
Chairman White pointed out Federal law requires that no one's full Social
Security number is to be included on a public document. He noted the Applicant's
number had not been redacted on the application (Page 1).
Terry Jerulle referenced Page 6 of the Application. He stated the Page was titled
"Application to Qualify a Second Entity" and asked whether the `Entity' referred to
was Prime Contractors and Associates, Inc. or Duane Thomas Marine Construction.
He further pointed out that Mr. Thomas explained he had filed for bankruptcy but
the response to Item G. ("Filed or been discharged in bankruptcy within the past
five years?) was "No."
He asked Mr. Thomas if he had ever been before the Board previously.
Duane Thomas replied he appeared after being cited for beginning a job without first
obtaining a DEP permit.
Duane Thomas: I'm confused about the application ... should it be Tobey's or should
it be Duane Thomas?
Chairman White:
• The Applicant is Tobias Simmons.
• The name of the business to be qualified should be identified, i.e., Duane
Thomas Marine Construction, LLC.
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October 15,2014
• It should be stated the Applicant is specifically trying to qualify the
business as an Electrical Contractor.
• It was noted Page 2 was missing; Pages 3 and 4 were out of order.
• On Page 4, at Question 5-A, Mr. Simmons answered that he was currently
qualifying his full time employers' business and wish to earn extra money
qualifying a local marine contractor.
o Chairman White asked if the "full time employer"was Prime
Contractors and Associates, Inc.?
Vice Chairman Lykos noted that in another part of the Application, the company
was referred to as "Prime Electric."
Tobey Simmons explained that Prime Contractors and Associates was the
company's umbrella name and there were several divisions (d/b/a's) operating
under it, i.e., "APM Custom Homes," "Island Cabinets," and"Prime Electric."
He stated he works for Prime Electric.
Chairman White questioned Tobey Simmons:
Q. You already qualify Prime Contractors but only that portion of the company
(under one of the d/b/a's) that does electrical?
A. Yes, sir.
Q. Okay—that wasn't clear.
A. But just the home builder ...
Q. You wire residential structures?
A. Todd Schneider's Residential Homes on Marco.
Chairman White: "From my perspective, your desire to earn extra money by
qualifying a Second Entity is unpersuasive. And, in fact, may be a negative. We
understand that everyone works to make money, but when that's the basis for why
you want to qualify a Second Entity, it suggests that since you are not making
enough money where you are -- perhaps you should pay less attention to the other
company and more attention to this one."
He continued: "Those are the types of concerns the Board generally has about
qualifying a Second Entity. As I have said before, you are asking to take on a
second"plate." We want to be sure you are able to keep both of them"filled"and
monitored and ..."
Tobey Simmons: "It is very hard for me to put those thoughts on paper but
basically what's happened recently within my company is, I have stopped doing
outside work—outside of Prime Contractors—and have focused my attention
directly to Todd Schneider's work. It has left a void. I have done marine
construction for many years ... almost my entire career ... and I really would like
to get back into it. I would like to get back into doing the dock work—it's
something that I enjoy."
Chairman White referenced Page 5 of the application. Item"I" asks how the
Applicant is being paid by the business you presently qualify which is Prime
Contractors. Your answer was: `Varies—per job basis.'
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October 15,2014
Chairman White: "That is not a complete answer in my mind, and I need you to
tell me now or put it in the application if it's going to be resubmitted depending
upon what the Board wants to do."
Tobey Simmons: "That would be re-submitted—that was a complete
misunderstanding. The `varies—per job basis' was intended to be Duane Thomas'
entity, not how I get paid now. I get paid a salary from Prime Contractors. That
was the wrong answer on my part."
Duane Thomas: "In my entity, it's going to be by the hour depending on how
many hours he needs to supervise he two fellows that we have working."
Richard Joslin: "And you're going to do this with no interest in the company?"
Duane Thomas: "No."
Chairman White: "So the answer to "J"would be salary."
Vice Chairman Lykos: "No, the answer to "I" is salary. The answer to "J"is by
the hour."
When questioned about"payroll company,"Duane Thomas explained he used a
payroll company and has his insurance—including the Longshoreman's Insurance
—through the payroll company.
Richard Joslin asked the Applicant to explain the percentage of ownership that he
may or may not have in Duane Thomas Marine Construction. He noted it did not
appear the Applicant had an interest in either business but he was putting his
"license on the line" for each.
Tobey Simmons explained the difference between being in business for himself
and working for Prime Contractors. "My life is very easy—for taxes, I get a W-2.
Life is very simple for me and I'm able to concentrate on what I have to do for my
job without the stress, i.e., making payroll, etc."
Chairman White: "How do you fit into Prime's management structure when you
have issues or concerns—either about materials, or workmanship, or inspections?
We need to understand if you are, today, functionally fully in the capacity of a
Qualifier for that business before we have you qualify a second one."
Tobey Simmons: "All,I guess, you have is my word on it. I've spend every
waking moment taking care of the electrical end of Prime Contractors and I feel I
do have the time to take care of Duane's dock work also."
Chairman White: "How do you fit into the management structure—the decision
making process of Prime?"
Tobey Simmons: "I am it. Todd Schneider who is the primary of Prime
Contractors and Associates has his plate full with the construction. I am "it"on the
electrical side in that company."
Chairman White: "What I am trying to understand is how—if there's a problem
getting something done with the wiring in a series of houses, for example, a
supplier short-fall that going to affect the contract—you're not going to get it done
in time—how does that get handled?"
Tobey Simmons: "By me. That's what I'm good at. Those problems don't
happen when I'm ..."
7
•
October 15,2014
Chairman White: "Do you let Mr. Schneider know what's going on?"
Tobey Simmons: "Oh, yes."
Chairman White: "Okay, what I'm trying to get to is the relationship that you
have between the two."
Vice Chairman Lykos: "For a Second Entity, if I remember correctly, we are to
have an Affidavit from the currently qualified business that they understand—and
it's not in the packet."
Tobey Simmons: "That must be one of the missing pages because it was definitely
done."
Chairman White: "We have two Affidavits from you."
Vice Chairman Lykos: "We don't have anything from the owner of Prime
acknowledging that you are qualifying a Second Entity."
Chairman White: "There is a Resolution of Authorization but ... Mr. Thomas has
told us that ... what your designation is in Duane Thomas Marine."
Duane Thomas: "He is going to be an employee for Duane Thomas and ..."
Chairman White: "What's your role in Duane Thomas?
Duane Thomas: "I'm the owner."
Chairman White: "You're the owner but, when you sign an Authorization, you
don't sign it as the owner—you're signing on behalf of an LLC—correct?"
Duane Thomas: "Yes, but there's no President ..."
Chairman White: "Okay ... it would be great if you would put under your
signature either `Manager' or `Managing Member' so we knew what you were
signing in the capacity of... rather than as an individual because you signing as an
individual isn't enough."
Duane Thomas: "If I may expound a little bit on the electrical work that we
would be doing ... and of the situation is ... the electrical work requirements for
my company is a full-time position for three people—it's not a full-time position
for one person. I build a boat dock a week but out of that,there may be eight or ten
or twelve hours of actual electrical work that needs to be done. So what I am
planning on doing is, as I've said, hiring a Journeyman Electrician who also is
willing to work in the other aspects of my construction field. He may be helping
with the carpenters—there are a lot of different things that he may be doing but
there's not a 24/7, 3 guys working,just doing electrical work for Duane Thomas. I
don't have that much work. But that's one of the reasons ..."
Chairman White: "Now I'm confused—okay because up until now ..."
Duane Thomas: "But he's only going to be working part-time. It's not like he's
going to be working for Prime Electric 24/7 and me for 24/7. For me, I'm only
going to need Tobey for 8 to 10 hours a week at most."
Chairman White: "I'm comfortable at this point with the amount of time that will
be spent in a work week with respect to each of the two entities, but you've signed
an authorization and you've just stated again that he's going to be responsible for
`all matters connected with the contracting business of Duane Thomas Marine
Construction' ...is that true or it is just electrical?"
Duane Thomas: "It's just electrical. He'll be involved in the electrical end of my
business."
Chairman White: "So he's not going to be doing any management or supervision
of carpentry?"
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• October 15,2014
Duane Thomas: "No—the only supervising Tobey is going to be doing is for the
Journeyman that I hired to work for me. Tobey is going to be supervising him
doing the electrical portions of the jobs that I have on boat docks."
Chairman White: "In my time on the Board,this is the first one like this that I
have seen where someone is looking to qualify a portion of a Second Entity and
already only qualifies a portion of some other existing entity."
Michael Ossorio: "We've seen this before ... maybe not this Board but Mr. Lykos
has and I believe Mr. Simmons will tell you that he's qualified two companies and
this Board had approved it."
Chairman White noted the Resolution of Authorization contained an error since
the statement that Mr. Simmons was going to be "active in all matters connected
with the contracting business"was wrong and must be corrected. It should say it is
specific to electrical contracting. The form should be modified to fit the facts."
Duane Thomas: "Now I'm confused. How could Tobey be qualifying anything
to do with my contracting? He has nothing to do with it?"
Chairman White: "You signed the authorization, not me."
Richard Joslin moved to approve denying the application of Tobias Simmons to
qualify a Second Entity. Terry Jerulle offered a Second in support of the motion.
Carried unanimously, 7— 0.
C. Martin Selden—Application to Qualify a Second Entity, "Asphalt Seal&
Repair of SW Florida,LLC."
(d/b/a "Advanced Sweeping and Service,Inc.")
Martin Selden stated he had applied to become the Qualifier for Asphalt Seal &
Repair of SW Florida, LLC.
Richard Joslin asked the Applicant why he wanted to qualify a Second Entity.
Martin Selden:
• He is the owner and Qualifier of Advanced Sweeping and Service, Inc.
• He has applied to Qualify Asphalt Seal&Repair of SW Florida, LLC. To be
able to asphalt sealcoat and stripe in Collier County.
• He has worked with AS&R for two years doing their striping jobs. In turn,
he subs to them for his asphalt sealcoating jobs.
• The previous Qualifier passed away earlier this year.
• He also qualifies both companies in Lee County.
Chairman White asked Mr. Selden if Asphalt Seal&Repair of SW Florida, LLC.
was currently operating without a Qualifier.
A. Absolutely not.
Q. Do you have factual knowledge of that?
A. Yes, I do.
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October 15,2014
Richard Joslin asked Michael Ossorio asked if a Qualifier for a company dies, is
there a time limit within which the company may legally operate while it finds a
new Qualifier?
Michael Ossorio:
• Pertaining to Specialty Contractors—no.
• Pertaining to Registered and General Contractors, Division 1 and Division 2, -
—yes. The State has a provision—we work under that provision on a daily
basis—and allows 60 days.
• There is nothing in the Collier County Ordinance that allows for a Qualifier's
passing, no. A company cannot operate without a Qualifier.
• It can take weeks to obtain a temporary registration for a State-Certified
Contractor.
• In Collier County, tests are offered on a daily basis. A license could be
obtained within weeks.
• The Contractors' Licensing Board has the authority to authorize a temporary
registration.
Mr. Joslin expressed concern that Collier County did not have a provision in its
Ordinance concerning the death of a Qualifer. If a Qualifier dies, the company
must immediately stop doing business because it is without a license. He suggested
the Board should examine the Ordinance and propose an Amendment.
Martin Selden stated it takes longer that a couple of weeks to obtain a license if
someone is not a current Qualifier; he/she must take a test— study for it—as well as
find a school that will accept you. He agreed with Richard Joslin that if a Qualifier
passes away, a company should be allowed to operate in Collier County for 60
days. He stated that was the situation with Asphalt Seal &Repair of SW Florida,
LLC-- all business in Collier County was shut down.
Chairman White referenced Page 5 of the Application.
• H. List persons authorized(currently and in the past 6 weeks) to pull
permits on your license(s).
He noted the answer was "Mark Selden."
Martin Selden explained"Mark"was his brother and the salesman for Asphalt
Seal &Repair. He stated he is also authorized to pull permits but his brother
would do it most often.
Vice Chairman Lykos asked for clarification of Questions "I" and"K":
• I. How are you being paid by the business(s)you presently qualify?
• K. What percentage of ownership do you have in the present business you
are qualifying and what percentage of ownership will you have in the
business you are attempting to qual y?
In response to "I," Martin Selden stated he is paid a percentage of the profits from
his business. He confirmed he will be paid a percentage of the gross sales from Asphalt
Seal&Repair's contracts.
In response to "K,"he stated he will have a 10% ownership interest in the company.
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October 15,2014
Vice Chairman Lykos asked Mr. Selden if he has check writing authority for both
businesses and the response was, "Yes." He will obtain a letter from the bank
verifying his authority if the application is approved.
It was pointed out the answer to Question 10 ("Organizational Relationships") on
Page 7 should have been "Yes." Mr. Selden admitted he had made an error when
completing the document.
Chairman White questioned whether the company,Asphalt Seal &Repair, was a
"foreign" corporation.
Martin Selden explained it was a Florida corporation as well as a Wisconsin
corporation. He stated he has no interest in the Wisconsin corporation.
Vice Chairman Thomas Lykos moved to approve the application of Martin Selden
to Qualify a Second Entity. Gary McNally offered a Second in support of the
motien.__
,Motion carried,-"Yes"/1 — "No." Terry Jerulle was opposed.
D. Yanira I. Tejada—Review of Credit Report and Application for a Specialty
Trade License: Landscaping- restricted
Yanira Tejada stated:
• She has set up a payment plan with Capital One;
• She contacted Citi Financial, Chase, and Citibank; she stated paperwork is
being sent to her re: Citibank account because she did not remember
opening it;
• The judgment and the three liens have been paid;
• The dispute with the insurance company has been resolved;
• The Target account has been paid and she produced a receipt.
When questioned about the balance due to Direct TV, Ms. Tejada stated the
account had been paid in full and she contacted the vender who stated it had no
record of a past due balance. She stated she will contact the collection company
regarding this situation.
Chairman White noted her credit score was a 509 while the previous applicant's
score was almost 700. He said the higher credit rating does matter.
Richard Joslin questioned the 2006 Tax Lien in the amount of$1,000.
Yamira Tejada stated she had been making monthly payments but in 2011, her tax
refund was seized and applied resulting in an overpayment.
Gary McNally questioned whether she had contacted CitiFinancial and Chase and
the response was, "Yes," and she had discussed arranging for a payment plan with
each.
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October 15,2014
The County did not offer a recommendation. Discussion ensued among the Board
members concerning options.
Richard Joslin moved to approve the application of Yanira Tejada for a Specialty
Trade License:Landscaping—restricted on a probationary period of six months.
Ms. Tejada will return at the end of the probationary period and present a
current credit report for review by the Board. Gary McNally offered a Second in
support of the motion. Carried unanimously, 7— 0.
E. Leonardo F. Alvarez —Waivers of Exam(s) for Reinstatement of License
(d/b/a "Leomar Cabinets, Inc.")
Leonardo Alvarez stated:
• Due to "misinformation" he did not review his Collier County license as a
Cabinet Installer;
• He kept his licenses in Lee County and Cape Coral active because he is a
resident of Lee County;
• He was requesting to obtain a"new opportunity";
• He does installation and service work for cabinet shops such as Sahara
Cabinets;
• When Sahara Cabinets did not have enough work for him, he left the area to
find other work;
• There is more work and he would like to reinstate his Collier County
license.
Vice Chairman Lykos noted the Applicant had mentioned working for a
subcontractor that he has used. He stated he did not think it would have any
bearing on his ability to make a determination but wanted full disclosure "on the
record."
Chairman White concurred, stating the disclosure did not sound as if there would
be an appearance of a conflict of interest.
Chairman White noted the application indicated Mr. Alvarez was licensed in the
City of Cape Coral for carpet/rugs installation and laminate flooring. He asked if
the Applicant was planning on doing the same work in Collier County.
Mr. Alvarez stated he would be taking e trace test in Collier County because it
would open more opportunities for him in .o ounties. He understood he was
not currently licensed to do the work in Collier Co b.4ty. He further stated the City
of Cape Coral and Lee County did not require the ex.
Terry Jerulle asked the Applicant when he obtained his li ; se in Collier County
and when it expired.
A. 2006 and 2012. 7!i ��c_
Q. Have you taken any Continuing Education courses?
A. In my trade?
Q. Yes.
A. No, I have not.
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October 15,2014
Vice Chairman Lykos asked the Applicant if there was a Continuing Education
requirement for his license renewal and the response was, "No, not for cabinets and
millwork."
Chairman White explained to the Applicant that there was a rule in Collier
County that if a license was allowed to lapse for a period of two or more years, he
was required to re-take the exam in order to reinstate his license. The Board was
being asked by the Applicant to waive the examination requirement.
Leonardo Alvarez stated that other companies consider him to be a good worker
and he has received calls and emails to work for them, i.e., installing cabinets,
baseboard, crown molding. He has been doing similar work in Lee County in Fort
Myers and Cape Coral. There is a company in Collier County that has work for
him.
When asked if he was doing any finish carpentry work in Collier County without a
license, Mr. Alvarez stated, "No. That's why I'm trying get my license—I want to
do things right. There is a great opportunity right now to grow as a business."
Terry Jerulle asked Mr. Alvarez when he began the renewal process and the
response was, "Last month."
Q. If you started this process last month, according to Mr. Ossorio, you could have
taken the test and had your license already. Why would you wait and go
through this whole process—you could have taken the test and not even come
before us?
A. I don't have my books anymore for the Business Law exam which I took in
2006. This is the way that I thought would be right—I've had my license and I
thought the most fair thing would be to pay for those years—the past years that
I didn't pay. I think it's the right thing to do. It's not that I'm not capable of
doing the test—I passed it on my first time.
Vice Chairman Lykos moved to approve Leonardo Alvarez's application for a
Waiver of Examination and reinstatement of his Specialty Trade license as a
Cabinet Installer. Ronald Donino offered a Second in support of the motion.
Discussion:
• Richard Joslin: On the application, the license indicates a lot of things,
i.e., ceramic tile, stonework, carpentry, installation of cabinets, floor
covering and installation?
A. When I went to the Workers' Comp office, I was asked what kind of
work did I do ... I said flooring, cabinets, trim, casings, baseboards, ...
and she said to "press here and here" and she helped me to find it on the
computer ... some of the things didn't work, like carpentry ... I told her
I don't do carpentry ... I don't do framing ... the flooring is carpet and
vinyl but not tile or stone. I guess I should have done it and left blanks.
Chairman White called for a vote on the motion. Carried unanimously, 7—0.
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October 15,2014
VII. OLD BUSINESS:
(Note: With reference to the cases heard under Section VII, the individuals who
testified were first sworn in by the Attorney for the Board.)
A. Marius Pughiuc—Review of Credit Report(s)
(d/b/a "Advanced Flooring of SW FL,Inc.")
Michael Ossorio provided background information:
• Mr. Pughiuc had appeared before the Board in September;
[Excerpt from Minutes of the September 17, 2014 Contractors' Licensing
Board meeting:
"Kyle Lantz moved to approve issuing a probationary license to Marius
Pughiuc to become effective the date that all fees are paid to the County
and the sum of$6,825 is deposited into an escrow account with proof of
same provided to the Contractors'Licensing Supervisor. The probationary
license will be effective for a period of six months during which time the
dispute with the insurance company must be settled. At the expiration of
the probationary period,Mr. Pughiuc is to appear before the Board and
produce an updated credit report.'1
• The Board gave him a provisional license for 60 days;
• He decided to fix his issue and paid the judgment as required by the Board;
• He has petitioned the Board to remove his license from probation.
Mr. Ossorio stated the County had no objection to ending the probation.
Richard Joslin moved to approve terminating the probation of Marius Pughiuc
and granting a permanent license. Ronald Donino offered a Second in support
of the motion. Carried unanimously, 7—0.
VIII. PUBLIC HEARINGS:
(None)
IX. REPORTS:
Michael Ossorio:
• Confirmed the next Board meeting will be held on December 17, 2014.
• Stated he will meet with the Assistant County Attorney to review the
application as update them as necessary.
• Introduced Jason Birdwell as the replacement for Connie Thomas as
the Administrative Supervisor for the Contractors' Licensing Office.
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October 15,2014
X. NEXT MEETING DATE: Wednesday, December 17, 2014
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 10:30 AM.
COLLIER COUNTY CONTRACTORS
ICENS G BO .'
J\ t�
PAT CK WHITE, Chairman
The Minutes were approved by the Board/Committee Chair on 7 , 2014,
"as submitted" 1 1 OR "as amended" X.
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