CLB Minutes 02/18/2015 February 18,2015
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
February 18, 2015
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: Patrick White
Vice Chair: Thomas Lykos
Members: Michael Boyd
Ronald Donino
Terry Jerulle
Richard Joslin
Kyle Lantz
Gary McNally
Robert Meister
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. —Assistant County Attorney
James F. Morey, Esq. —Attorney for the Contractors' Licensing Board
Joe Nurse — Collier County Licensing Compliance Officer
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February 18,2015
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 said proceedings is
made, which record includes the testimony and evidence upon which any 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 (7) voting members were present.
II. AGENDA—ADDITIONS, DELETIONS, OR CHANGES:
(None)
III. APPROVAL OF AGENDA:
Vice Chairman Lykos moved to approve the Agenda as submitted. Kyle Lantz offered a
Second in support of the motion. Carried unanimously, 7—0.
IV. APPROVAL OF MINUTES—JANUARY 21,2015:
Gary McNally moved to approve the Minutes of the January 21, 2015 meeting as
submitted. Richard Joslin offered a Second in support of the Motion.
(Terry Jerulle arrived @ 9:02 AM; eight voting members were present.)
Chairman White asked Mr. Jerulle if he had any questions concerning the Minutes and
his response was, "No."
Carried unanimously, 8—0.
V. DISCUSSION:
• Michael Ossorio has been in contact with the City of Naples and the Board of
County Commissioners. Robert Meister has been re-appointed as the City's
representative to the Contractors' Licensing Board and has been approved by the
Board of County Commissioners.
• Michael Ossorio and the Board's Attorney, James Morey, have been working
together concerning the Application, i.e., the format of the Affidavit has been
revised and a copy will be provided to the Board for their review.
VI. NEW BUSINESS:
A. Orders of the Board
Vice Chairman Thomas Lykos moved to approve authorizing the Chairman to sign
the Orders of the Board. Ronald Donino offered a Second in support of the
motion. Carried unanimously, 8— 0.
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February 18, 2015
(Note: With reference to the cases heard under Section VI, "New Business,"the
individuals who testified were first sworn in by the Attorney for the Board.)
B. Paul E. Heaton—Waiver of Exam(s)
(d/b/a "Kyle's Finish Carpentry, Inc.")
Paul Heaton stated he was appearing before the Board to reinstate his finish
carpentry installer's license. He noted he had taken the exam in Lee County in 2005.
Michael Ossorio:
• In Lee County, Mr. Heaton has a Certificate of Competency for "Finish
Carpentry Contractor."
• In Collier County, he had a"Cabinet Installing License" which includes his
finish carpentry and requires taking the Business Procedures test. It is not a
Carpentry License. It is a Cabinetry and Millwork License.
• Mr. Heaton has petitioned the Board to waive the requirement to retake the
test.
• Mr. Heaton was asked to explain his work experience for the past five years.
Paul Heaton:
• Has been in the same trade for the past 30 years.
• His line of work consists of finish carpentry; cabinet building; installation.
• He stated he has the qualifications to do what he has asked to do.
Chairman White asked Mr. Heaton if he had been able to keep up with the current
practices in his trade since his license lapsed and the response was, "That's all I've
done."
(Robert Meister arrived; nine voting members were present.)
Paul Heaton:
• From Ohio and began working in his trade in the early `80s.
• Moved to Naples in April, 2005 and obtained his license.
• Returned to Ohio in 2006 due to the economic downturn and allowed his
Collier County license to lapse in 2007.
• Has worked continuously in his trade in Ohio and since his return to Naples in
2014.
• There are no license requirements in Ohio. His company was incorporated in
March, 1998 and he is still in the same business. A copy of the "Certificate of
Good Standing" signed by the Ohio Secretary of State, dated September 15,
2014, is attached to the Application.
• Has been working in Naples for the past ten months until he was injured in
September, 2014. He had been employed by CTC Frame and Finish.
• Will be his company's sole employee
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February 18,2015
Chairman White questioned the Applicant concerning one of his references,
Christopher M. Parker.
Mr. Heaton replied he has known Mr. Parker for the past 19 years and has worked
for him in both Ohio and Florida. He stated Mr. Parker is a licensed contractor and
owner of The Parkerbilt Co, LLC, and also owns Absolute Roofing in Naples.
Kyle Lantz moved to approve the Application and grant the Applicant's request for a
waiver of examination. Gary McNally offered a Second in Support of the motion.
Carried unanimously, 9—0.
Michael Ossorio explained to the Applicant that, since the Board approved his
application, his license would be reinstated upon payment of the required fees.
C. Teodor Danilov—Review of Credit
(d/b/a "Custom Flooring Design, Inc.")
Mr. Danilov stated he had applied for Contractor's licenses for tile and marble, and
floor covering but his credit score was low(509).
• He worked with Lexington Law to improve his credit
• January 30, 2015: his credit score had increased to 543. He anticipates
another increase within the next two to four months.
• There are no bankruptcies on his credit report; nothing is in collection; he
does have some late payments showing on the credit report
• He explained a problem with a laptop purchase (in 2006) from Best Buy and
the issue is being resolved.
Kyle Lantz noted the Applicant's problem with his credit is not that he had "bad"
credit—he had not borrowed very much and preferred to pay in cash via his debit
card. He also noted Mr. Danilov usually worked for Contractors who supplied the
materials that he installed. He stated he would approve a motion without placing Mr.
Danilov on probation.
Terry Jerulle disagreed, noting the Applicant stated his intention was to improve his
credit score. Mr. Jerulle would like to see evidence of settlement of the Best Buy
account in the future.
Richard Joslin moved to approve Teodor Danilov's Application for a License,
subject to a six-month probationary period. At the end of the probationary period,
Mr. Danilov will appear before the Contractors'Licensing Board to represent a
new, improved credit report. If there has not been a significant improvement in
the credit report, the Board may reverse its position regarding licensure.
Gary McNally offered a Second in support of the motion. Motion carried, 9—0.
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February 18,2015
D. Abel Arredondo —Waiver of Exam(s)
(d/b/a: "Superior Woodworking, Inc.')
Abel Arredondo stated he was appearing before the Board to request that his license
as a Cabinet Installer/Millwork Contractor be reinstated and to request that he is
allowed to waive taking the examination.
• He had been licensed for several years but, due to the economic down-turn in
2007, he took a salaried position as a project manager for Palm Bay Kitchens
and later their sole service person until the company closed in January 2012.
• He was not aware he could have applied to have his license declared "inactive."
• He previously attempted to reinstate his license but was informed he would
need to sit for the Business Procedures exam.
• From July 2012 through January 2015, he worked for Grand Woodworking as
their sole installer/service man.
• Grand Woodworking is currently being dismantled.
• Several companies including Artisan & Guild, Alli-Kriste, and Rufino have
contacted him to work as their cabinet installer.
• He stated he did not feel it was necessary for him to retake the test since he
has been continually working in his field since 2007.
Chairman White noted that one of the owners of Grand Woodworking was a client
of his law firm.
Gary McNally asked Mr. Arrendondo what he was doing to improve his credit
rating.
Abel Arrendondo explained that his personal credit suffered most during the
economic down-turn. He is twice-divorced and has spent"thousands of dollars" on
attorneys' fees in order to fight for visitation/custody of his children. His priorities
were to fight for his children and pay his rent. He acknowledged being behind on
bills but he stated he has, the past two months, been in contact with two collection
agencies who have agreed to "work with him." He produced a letter from one agency
verifying he has paid the debt ("Proof of Pay-Off' Letter).
He further stated that construction has begun to improve in Collier County and he
felt certain that he will be able to make a"decent amount of money" to pay off his
remaining debts within the next 6 to 12 months if the Board will reinstate his license.
Mr. Arrendondo noted his goal is to avoid declaring bankruptcy, although he stated
many people in his financial situation would have gone through a bankruptcy—he
does not want that on his credit record.
It was noted Mr. Arrendondo also submitted his old business credit report which was
debt-free.
Abel Arrendondo stated his business will consist of the installation of factory-made
cabinets. He will not buy the materials because they will be provided by the
Contractor. He indicated he will probably not hire any employees. He assured the
Board that in the event he does hire employees, they will be covered by Workers'
Compensation Insurance. To not have it is, in his opinion, "crazy."
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February 18,2015
Gary McNally moved to approve granting Abel Arrendondo request for a Waiver
of the Testing Requirement. Mr. Arrendondo will be granted a probationary license
and will appear before the Board in six months for a review of his credit. Kyle
Lantz offered a Second in support of the motion. Carried unanimously, 9—0.
E. Josue ("Joshua") Briceno —Review of Application
(d/b/a: "Innovative Glass & Window, LLC".)
Michael Ossorio provided background information:
• On February 2, 2015, Mr. Briceno was issued Citation#09078 and was fined
$1,000 for working without a license in the City of Naples.
• He applied for a license within 45 days, per the Ordinance, on February 4,
2015.
• He noted Mr. Briceno has taken all of the necessary exams and is licensed in
Lee County.
o Business & Law— 02/02/2003 —86.0%
o Glass & Glazing Contractor—01/05/2013 — 76.0%
• Staff reviewed his application and noted the Workers Comp System
Certificate of Liability Insurance had an expiration date of 12/11/2015 and the
Certificate for the General Liability insurance had an expiration date of
11/17/2015.
• Staff then contacted the insurance carrier stated that the dates were not correct
and the certificate had been either forged or altered.
• It was determined that the Applicant had not had insurance coverage for at
least several months.
• The Applicant intends to abate the Citation and has appeared before the Board
to explain the email sent by his wife who is the office manager.
• The Applicant obtained General Liability insurance on February 5, 2015 and
provided a copy of it with his application.
Josue Briceno confirmed he had copies of the binders for both policies and he
provided the copies to the Board's attorney, James Morey, to review.
Vice Chairman Lykos asked Mr. Ossorio if the first set of insurance certification
attached to the application were "forged" and the response was "Correct."
Michael Ossorio noted the State of Florida's Department of Financial Services is
conducting a preliminary investigation of the issue.
Josue Briceno: "I am not here to make any excuses. I think what happened was
wrong. I am not here to try to give you an excuse—it was wrong. We should have
given the Board the right documents. On behalf of my wife and my company, I
apologize."
He explained he handles the instillation and field work and his wife handles the
office. He stated he was on a job when the Citation was issued and he immediately
went to the City of Naples to handle it. He reiterated that he had no excuse.
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February 18,2015
Michael Ossorio: "Maybe the use of the word `forge' is too strong, but the documents
appeared to have been altered."
Chairman White stated while the Applicant did not represent himself as someone
else, it [altering the documents] was a bad business practice. He suggested the
investigation should be "left to others and any consequences from that." He stated
the question was the degree to which the Applicant's actions may impact the Board's
review of his application.
Chairman White asked Attorney Morey to provide a brief summary of the documents
provided to him by Josue Briceno that he had reviewed.
Attorney James Morey stated there were two declaration pages—one was for the
General Liability policy and the other was for the Workers' Comp policy.
(The signed documents were reviewed by the Board members.)
Gary McNally noted the Applicant's credit score was 505 and asked him what he
was doing to correct/improve the score.
A. We incorporated the company two years ago. When we first started, I had six
partners including my wife and myself. Since I was the license holder, I signed
for the many loans.
After the first year, we found out that some of our partners had been stealing
money—it was a big mess and we parted ways.
The company had been called Innovative Glass and Railing. We changed the
name to Innovative Glass and Window, LLC with only my wife and me as
partners. Since I personally guaranteed all the loans, it affected my credit.
I am working on my credit scores with a company that is helping to remove old
items from my credit history. I am pretty sure that within six months, the scores
should be back up again.
Lyle Lantz directed a question to Michael Ossorio:
Q. Since he has been in business for more than two years, it is my understanding that
we only look at the business credit report—not the personal. Am I correct?
A. That is true. However in some cases, we look at the totality of both credit reports.
In this particular application, it appears that he would have been before the Board
for the issue of co-mingling funds and personally guaranteeing his business.
It was noted the Applicant has been licensed in Lee County for the past two years.
Mr. Brieno stated when he applied for the Lee County license, his credit scores were
higher.
Michael Ossorio explained the Board was conducting a full review of the application
and not just on the merits of the signed affidavits. He stated the credit scores had to
be addressed.
Chairman White stated many of the items on the credit report appeared to have been
charged off or were relatively small amounts.
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February 18,2015
Terry Jerulle questioned the Applicant:
Q. Can you please explain your business? What you do and who your work for?
A. I've been doing installations since I was fifteen years old. I started by cutting
glass and cut glass for at least eight years. I worked for a glass service company. I
did glass replacements and window repairs, sliding glass door repairs. I started
doing shower enclosures, mirror walls, and glass walls. I became very good at my
trade.
When I had partners, the company had the glass portion and the railing portion.
They were glass rails. But now we are a glass service company. If you have a
break in at your house, we will come out and cut the glass on site to repair it for
you. I do have two employees who are included in the Workers' Comp policy.
Q. Do you replace windows in sliding glass doors?
A. We sell them but we usually don't install them at all. It's very rare. I do mostly
sales because I'm a PGT Dealer.
Q. Do you sell the PGT windows?
A. Yes.
Q. To whom?
A. To homeowners, to contractors ...
Q. And who installs them?
A. Usually they have someone who will install it. Sometimes we do some installations,
but very rare.
Q. On those installations, you didn't pull any permits ... correct?
A. No we have ... but it's usually with ... when I've done installations, it's with the
Contractor—either we're doing a glass wall and they ask if we can install a window
for them. They just pay us for the labor.
Q. As a PGT dealer, do you have credit with PGT?
A. Yes, I do. I have been a dealer for two years with them. You see, when we started
the business, my credit was good. It's just all this baggage that was left over from
all my ex-partners. I was part of that, too. I'm not running away from it. I'm trying
my best to pay everybody off. I know it's going to take time, but I am paying them
off little by little.
Chairman White questioned the Applicant's name as it appeared on the Citation as
well as on his driver's license and requested an explanation.
A. I am from Central America. In Nicaragua, some families give second names.
"Joshua" is my first name. "Vinerte" is my middle name. "Briceno" is my Dad's
last name and "Urbina" is my Mom's last name. When we came to the United
States ... when you enroll in school ... they only have your first name and then
my Dad's last name. But my passport, my license, my immigration papers .. all
have Josue Vinerte Briceno Urbina.
Chairman White stated he was comfortable that the documents identified the same
person using the convention applicable in the United States. He acknowledged the
corporate entity would be named something else.
It was noted the Articles of Organization for a Florida Limited Liability Company
referred to the Applicant as "Josue V. Briceno."
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February 18, 2015
Vice Chairman Lykos questioned the Applicant:
Q. Josh, is your license in Lee County is current right now? You are active in Lee
County?
A. Yes, sir.
Q. So what you're trying to do is to get your license in Collier County to operate in
both counties?
A. To be honest, that was not my intent. My shop is in Lee County in Lehigh Acres
—that's where I do most of my business. It just happened that with the Contractor
the job was in Naples and I wasn't aware that I had to get a Collier County
license. If I am accepted for my license in Collier, I wouldn't mind coming to
Collier but most of my business will be in Lee County.
Q. Part of why you are here is because you received a Citation and was fined $1,000.
If you can get a license here, it will reduce the amount of the fine— correct?
A. Part of it—yes. But for me to get a Collier license will be an upgrade for my
company and for access ... I can add more advertisement ... it could be good for
the business as well.
Q. I understand you have been proactive in submitting your application and getting
your insurance squared away, but I have issues with what led you to be here in the
first place which I think need to be resolved before I am comfortable allowing you
to have a license here: you operated without insurance and then you provided—
what's the word we're using—"altered" documents when you were confronted
about working without a license in Collier County.
I don't think your credit is the issue. The issue for me is that you operated
without insurance and the resolution of that is still pending. Then you submitted
altered documents. I am not comfortable at all having a conversation about your
having a license here until all the other issues have been resolved. You pay the
fine for the Citation and then you have resolution with the State on operating
without Workers' Comp.
I am only one of nine but I couldn't care less about the credit right now. You
have some other issues that are germane to operating as a licensed Contractor in
Collier County and those are a lot more critical than what your credit score is.
A. I understand.
Chairman White: "As I said before, the thing that was pertinent was how the altered
documents were explained and what their impact was on the operation of the
business, in particular in Collier that led to the Citation and it being resolved."
He continued: "Knowing that there is an ongoing State investigation to me .....
What are the potential outcomes—if you are aware of what they might be, Mr.
Ossorio, as a result of that investigation? Would it be possible that they might look to
revoke his license in Lee --- I'm just trying to get to the licensure piece of it. I am
certain there could be fines and probation imposed, but I'm trying to get the license
component and whether there is any jurisdictional authority that the State may have.
The reason for that is we wouldn't want to give him a license and then have the State
say he can't have a license."
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February 18, 2015
Michael Ossorio: The State will not tell you that you cannot have a license but they
will tell you that you cannot have a corporation any longer. We have an obligation to
abate the Citation. I am not saying that the Application was in good faith but he did
submit it, pursuant to the Ordinance. I believe we have a duty to go ahead and abate
the Citation. But my recommendation is to not hear this case other than to deny the
application for six months until he gets his Order from the State of Florida because
this could impact Lee County as well."
Chairman White: "Rather than waiting six months, if we deny his application, can
we re-time it so that he does not submit another application before the determination
is made? I don't want to set an artificial time longer than it may take the State."
Michael Ossorio: "If the Board denies his application, we would abate the Citation
in the first place. If the State imposes a punitive measure—or doesn't impose—and
his credit score is about 580 or 590, you might not see the application or I might
approve the application because he has a Letter of Reciprocity from Lee County.
And he is in good standing with Lee County—his corporation papers are in order and
there is no issue with the credit score for his corporation. Theoretically, you might
not see the [resubmitted] application."
Chairman White asked if there were any other questions for the Applicant.
Richard Joslin moved to approve denying the application. Ronald Donino offered
a Second in support of the motion. Carried unanimously, 9— 0.
Chairman White noted the Citation would be abated and the amount of the fine
would be reduced.
VII. OLD BUSINESS:
(Note: With reference to the case heard under Section VII, "Old Business,"the
individual who testified was first sworn in by the Attorney for the Board.)
A. Luis Escobar—Review of Probation
Chairman White stated Mr. Escobar was appearing before the Board for a review of
his probationary license and asked him if there was anything that he would like to tell
the Board.
Luis Escobar:
• Regarding his credit report, he stated the large amounts from the previous
credit report ($72,385 — SunTrust Mortgage) "were gone, really."
• He explained each open item on the credit report(dated January 21, 2015) as
follows:
o AllianceOne— ($255)—has been paid in full. Confimnation#1170146
o Ally Financial— ($5,276) —has not contacted them yet
o Amex—($6,664)—has not contacted them yet
o Cach LLC— ($51,056)—an attorney was hired to negotiate a settlement
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February 18,2015
o Capital One — ($2,982)—have made two payments —the balance will
be paid off in four months
o CBE Group — ($230)—has been paid in full
o Chase—($8,127)—has not been contacted yet
o CitiFinancial—closed
o Debt Rec Solutions—($4,444) —has not been contacted yet
o FCO — ($1,715) —have paid 50% of the balance and the remainder will
be paid next month
o Public Records:
• Civil Judgment: Vet Hospital ($209) —has been paid in full
• Civil Judgment: Ford Motor Credit ($4,212)—amount has been
reduced to $2,400; paying $200 @ month until December 2015
Mr. Escobar explained that, initially, he could not speak with all of his creditors
because he knew he couldn't pay them all at once. He could only pay a few at a time,
and negotiated settlements with the ones he could pay off first. He will contact the
others within the next two months.
Kyle Lantz explained his interpretation of Mr. Escobar's payment philosophy: He is
starting with the smallest payments and working his way up to handling the largest
amounts, i.e., whittling the list down to a more manageable size by paying off the
ones that he could first.
Luis Escobar agreed and noted he still needed a cash flow to keep his business going
and to keep paying off his creditors. He was paying off the creditors he could as soon
as he could. The ones that have not been previously contacted will be during the next
two months.
Kyle Lantz questioned Luis Escobar:
Q. It seems like you are making "baby steps" on your personal credit report—you are
paying things off?
A. (Agreed—nodding his head)
Q. How is your business going? Is it doing well and are you paying all your bills?
Do you have any back payments due to any of your suppliers?
A. No. The business credit report dated January 27, 2015 doesn't show any open
accounts.
Mr. Escobar noted his major supplier is Korbin Builders Supply and he has a$5,000
line of credit with Korbin. He also buys supplies from both Home Depot and Lowe's
but pays in cash.
He stated—gesturing with his credit report— "Let me tell you one thing very quickly
—this is my issue. I don't have any more issues. I am paying everything—you see, I
am taking care of the big ones—even the ones that are not supposed to be in here. I
am taking care of the small ones."
He further stated: "I am doing the right things—I am paying the people. My
customers—I am trying to make happy. My employees —I am trying to make happy,
too, at the same time."
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February 18,2015
He continued: "I am fine. We are doing pretty well. We are handling all of our
money pretty good—keeping the money we need to pay the jobs—to pay the people
on time ... we are doing the right things."
Vice Chairman Lykos:
Q. Do you remember the business plan you gave us and the sales charts you gave us?
Do you refer back to those?
A. Yes. It was five percent per month—we are exceeding that a lot.
Q. For example you had projected approximately $25,000 in sales for the last three
months of 2014. What kind of sales volume did you do for those three months?
A. We made about $75,000 for the last two months. We are providing services to
AA Stucco & Drywall and that will be another $20,000. By the end of December,
about $150,000 for November and December.
Chairman White observed:
• Mr. Escobar has paid approximately $6,000 since his last appearance before
the Board.
• He still owes approximately $26,000 to various creditors that he has not
contacted.
• He still owes approximately $51,000 on the mortgage with Wells Fargo Bank.
Chairman White asked Mr. Escobar how much he would need each month in order
to pay off his other debts. He commended Mr. Escobar for providing a business plan,
as the Board asked, and for the update he provided. He noted Mr. Escobar has
managed to pay approximately $6,000 in back debt while incurring the cost of hiring
an attorney (approximately $6,000). He was impressed that the company's sales had
exceeded its goals, but he expressed concern at the amount of time it would take Mr.
Escobar to completely pay off his debts.
With reference to the Green Tree foreclosure, Mr. Escobar hired an attorney to have
the item removed from his credit report. He stated the balance should be "zero"
because he had paid it. He paid $6,000 to his attorney to fight the additional charges
Green Tree is trying to charge him.
With regard to the Wells Fargo mortgage, Mr. Escobar stated he is working with the
bank to make payments for the next 24 months.
Chairman White asked Mr. Escobar if he knew how much money he would need on
a monthly basis in order to pay off his bills. He acknowledged that Mr. Escobar had
made a"modest amount of progress" in the nine months that his case has been before
the Board and has been managing his business appropriately because his sales and
profits have exceeded the goals in his business plan. His concern was for the amount
of time it would take—a"substantial amount of time"—before Mr. Escobar would be
able to pay off his bills and "wrap this up."
Luis Escobar agreed and noted that during his first appearance before the Board, he
stated he planned to pay off everything within three years. He stated he did not want
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February 18, 2015
to lie to the Board by claiming he could pay his debts sooner ... he reiterated "in the
worst case" it would still take an additional 24 months to pay everything. He stated
he is picking up a little more business each month—he "knows" his business will be
even more profitable. He continued he knew the Board wanted him to show results.
Terry Jerulle expressed concern that there was $24,000 of debt and Mr. Escobar had
not contacted the creditors concerning those debts to try to resolve the issue.
Chairman White explained that if a debtor make contact with a creditor but was
unable to immediately begin making payments, the effort would not reflect positively.
In many cases, it was considered as a "refusal"to pay.
Richard Joslin pointed out the Board's only concern should be the license that was
granted to Mr. Escobar—not how he would pay off his debts or when. He noted the
Board had previously terminated probation for some Contractors because they had
showed a reasonable attempt at reducing their debt load. Mr. Escobar's recent credit
history showed that he has been able to pay "something"to his creditors. His
recommendation was for the Board to allow Mr. Escobar the opportunity to work and
to continue to monitor him.
Richard Joslin moved to approve continuing Mr. Escobar's probation and allowing
him to work for a period of six months, at the end of which time, he is to return to
the Board to present an updated credit report. At that time, he will also present a
list of creditors that he had contacted and those whom he has paid.
Mr. Joslin suggested to Mr. Escobar that he concentrate on paying the smaller debts
of$200 to $300 first before tackling the larger debts.
Luis Escobar reiterated he needed to keep money to continue to pay his suppliers and
employees and to re-invest in the business going. He noted General Contracts usually
wait the full 45 days before paying him and he needs to have enough money on hand
to bridge the gap. He explained that his wife is also helping him—"we are in, I think,
the right way"—but his goal is to get his life back again and buy a house.
Gary McNally offered a Second in support of the motion.
Comment by Vice Chairman Lykos:
• If the Board's intention is to monitor a Contractor until all his bills are paid,
that's one thing. If the Board's intention is to make sure that a Contractor is
"going down the right path," then that's a different goal. We need to decide
which one of those two we are going to take responsibility for and then act
accordingly."
• "I don't know how much we should expect to have done in three months or
six months."
• "We are looking for intent and we are looking for progress."
Chairman White agreed and suggested a time frame of nine to twelve months. He
stated he would not vote in favor of the motion.
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February 18,2015
Richard Joslin objected, stating he thought the Board should not wait for twelve
months to review Mr. Escobar's anticipated progress.
Chairman White countered that substantial progress should be demonstrated by the
end of nine months. He stated if the Board saw what it was hoping to see at that
point, the case could be closed.
Vice Chairman Lykos concurred stating that six months might not be enough time to
see a trend—that Mr. Escobar was making the progress the Board wanted.
Kyle Lantz stated he didn't care if Mr. Escobar paid off any of the bills. He
explained his understanding of the Board's responsibility was to ensure that Luis
Escobar did not harm the residents of Collier County. He further stated it appeared
that Mr. Escobar's business was in order; he was paying his suppliers and employees.
He concluded by stating he did not feel the need for Mr. Escobar to return to the
Board every six months to prove that he was on the right path.
Chairman White reiterated his opinion, i.e., nine months was the optimum time
frame and the Board should be able to terminate the probation at that time.
Michael Boyd stated he didn't know why the Board was requiring Mr. Escobar to
return at all noting, that he had raised his credit score by 30 points in three months.
He further noted the Board had granted licenses to two individuals whose credit
scores were lower than Mr. Escobar's current score.
Richard Joslin stated he wanted Mr. Escobar to return in six months because, if he
made the same amount of progress at that point as he has, then he would vote to
terminate the probation. He further stated he would not change his motion.
Chairman White called for a vote on the motion.
The motion failed by a vote of"3— Yes/6—No."
Chairman White moved to approve extending the probationary license of Luis
Escobar for an additional nine months, at which time, he is to return before the
Board to present an update credit report. Vice Chairman Lykos offered a Second in
support of the motion.
Vice Chairman Lykos noted that as long as the Board was shown continued progress
by Mr. Escobar at the end of the six months, he would vote to terminate the
probation.
Chairman White called for a vote on the motion.
Motion carried, "8— Yes/I —No."Richard Joslin was opposed.
VIII. PUBLIC HEARINGS:
(None)
IX. REPORTS:
• Michael Ossorio noted there was an interest in developing a regional website for
Contractors Licensing Boards of Cape Coral, Lee County, Charlotte County, Port
Charlotte and Sarasota. The goal is to better communicate with other jurisdictions
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, February 18,2015
concerning unlicensed activity. The website is currently under development. He
will keep the Board infoimed of any progress.
• Michael Ossorio introduced Joe Nurse, the new Licensing Compliance Officer,
to the members of the Board. Mr. Nurse is a Naples resident who returned to
Collier County after serving in the U.S. Navy as a Senior Chief for 26 years.
X. NEXT MEETING DATE: Wednesday, March 18, 2015
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 11:00 AM.
COLLIER COUNTY CONTRACTORS'
iir6 S 1 g BOARD..,, Ab.,:..
PAT ' K HITE, Chairman
The Minutes were aped by the Committee ChairNice Chair on 1/147 , 2015,
"as submitted" [ OR "as amended" [ 1.
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