CLB Minutes 04/15/2015 April 15,2015
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
Aril 15 2015
ati4
Naples, Florida N,1y J
BY-
LET IT BE REMEMBERED, that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 11:00 AM in
REGULAR SESSION in Conference Room #609-610, Collier County Growth
Management Division, Planning & Regulation Office, 2800 North Horseshoe Drive,
Naples, Florida, with the following Members present:
Chairman: Patrick White
Members: Michael Boyd
Ronald Donino
Terry Jerulle
Richard Joslin
Kyle Lantz
Gary McNally
Robert Meister
Excused: Thomas Lykos, Vice Chair
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. —Assistant County Attorney
James F. Morey, Esq. —Attorney for the Contractors' Licensing Board
Thomas Keegan — Collier County Licensing Compliance Officer
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April 15,2015
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 11:01 AM and read the
procedures to be followed to appeal a decision of the Board.
Roll call was taken and a quorum was established; eight (8) voting members were
present.
Chairman White noted Vice Chairman Thomas Lykos had been excused.
II. AGENDA—ADDITIONS, DELETIONS, OR CHANGES:
(None)
III. APPROVAL OF AGENDA:
Gary McNally moved to approve the Agenda as presented. Richard Joslin offered a
Second in support of the motion. Carried unanimously, 8— 0.
IV. APPROVAL OF MINUTES—FEBRUARY 18,2015 AND MARCH 18,2015:
Chairman White noted the February minutes had been restored and included missing
text. He acknowledged the minutes reflected the chronology of the proceedings, which
not as initially indicated on the Agenda.
Richard Joslin moved to approve the February 18, 2015 and the March 18, 2015
minutes as submitted. Gary McNally offered a Second in support of the motion.
Carried unanimously, 8— 0.
V. DISCUSSION:
Michael Ossorio noted that the following Board members were in the process of being
re-appointed by the Board of County Commissioners:
• Vice Chairman Lykos,
• Richard Joslin,
• Terry Jerulle
The Board of County Commissioners will be notified that the Contractors' Licensing
Board recommended the re-appointment of the three members whose terms were
expiring.
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April 15,2015
VI. NEW BUSINESS:
A. Orders of the Board
Richard Joslin 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.
(Note: With reference to the cases heard under Section VI, the individuals who
testified were first sworn in by the Attorney for the Board.)
B. Matthew R. Rambo-—Review of Credit Report
(d/b/a: "Neapolitan Tree Service,Inc.")
Matthew Rambo acknowledged his credit score was "terrible" and cited his recent
divorce (July, 2014) as a contributing factor. He stated he didn't realize how
financially irresponsible his former wife had been, and discovered she had obtained
additional credit cards and incurred debts in his name that he did not authorize or
approve.
He further stated there were debts that they incurred together, i.e., furniture
purchase of$3,458, but he was not aware that his former wife had not been making
monthly payments on the indebtedness until they became separated in December,
2013. After they were legally separated, his wife stopped making auto insurance
payments on the vehicle she was driving because it was registered in his name. He
has since paid the premiums of$276 in full to Progressive Insurance Company.
He contacted a few debt collectors regarding the following debts:
• Portfolio RC ("CitiFinancial, Inc.") - $3458 (furniture)
o He is making monthly payments on this debt.
• Portfolio RC ("Capital One Bank") - $545
o He is making monthly payments on this debt.
• Portfolio RC ("Victoria Secret" credit card) - $275
o He is making monthly payments on this debt even though it is
currently in dispute—he did not approve his wife obtaining it in his
name
• Also in dispute is a Verizon bill. Mr. Rambo stated he has had Verizon phone
service for over ten years; the dispute concerns a contract for a phone number
that was not his and that he did not authorize
Matthew Rambo stated after he clears on debt, he will begin paying off the next debt
listed on his credit report. Currently, he can only pay one at a time due to his
finances. He is "doing the best I can. Working with these debt collectors is like
pulling teeth."
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• April 15,2015
Chairman White noted a second "Capital One" credit card account with an
approximate balance of$300.
Mr. Rambo stated he will dispute that debt also because he did not authorize
obtaining the credit card which his wife obtained after they were legally separated.
Michael Ossorio stated the State of Florida through its CILB ("Construction Industry
Licensing Board") maintains a standard threshold credit score of 660, but he has
issued licenses to individuals with lower scores, it the credit report meets the criteria
of the Ordinance. He confirmed that Collier County does not maintain a standard
threshold that must be met.
Richard Joslin questioned-the-Applicant:
Q. You are applying for a Tree Contractor's License, are you not?
A. Yes, sir.
Q. How long have you been in this business or doing this kind of work?
A. My father has worked here in a landscape maintenance company for the past
thirty-five years. After I served in the Navy, and after the economy slowed, I
worked for the City of Naples for approximately six years. I would handle
whatever tree work came up. It is something that I love to do and I am good at it.
It is a passion of mine.
Q. If you were given a license of some sort today, would you be able to come back
before this Board and pay off one of these debts that you owe within a reasonable
amount of time?
A. Yes, sir.
Q. You don't have to pay them off all at once, but show steady progress on them?
A. I have no doubt whatsoever.
Richard Joslin moved to approve granting a one-year probationary tree license to
Matthew R. Rambo. He is required to appear before the Board at the end of
six months and produce a new credit report showing some progress in paying off
his outstanding debts as well as evidence of contact with the creditors or a payment
plan. Ronald Donino offered a Second in support of the motion.
Discussion:
Kyle Lantz asked if the Applicant would also be required to return to the Board again
after the six-month period.
Richard Joslin responded it would be up to the Board at that time to determine
whether to continue the probation or terminate it based upon his progress in paying
off his debt.
Chairman White called for a vote. The motion carried unanimously, 8—0.
C. Manuel Orosa—Review of Credit Report
(d/b/a: "Orosa Custom Renovations, Inc.")
Michael Ossorio:
• Mr. Orosa does not have a license.
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April 15,2015
• His credit reports are dated May 19, 2014 and April 13, 2015.
• He consulted the Contractors' Licensing Supervisor in 2014 and was advised
to improve his credit score before applying to the Board, which is the reason
why there are two credit reports.
• Mr. Orosa has applied for a license as a Cabinet/Countertop Installer.
• He took the Business Procedures test on March 26, 2014 and scored 76%.
Katie Gerarro, Mr. Orosa's office assistant, was sworn-in and will serve as a
translator, if necessary.
Gary McNally noted that he had compared the two credit report and was pleased at
the"decent amount-of progress"that was shown on the 2015 report. He said Mr.
Orosa had made tremendous improvement.
Kyle Lantz questioned the Applicant:
Q. What type of business are you running?
A. Manufacturing granite.
Q. You are not installing?
A. No, not now–I don't have a license. That's the reason why I am here right now.
Q. To install granite?
A. To install granite countertops and cabinets, too.
Q. Okay. You have a letter of reference from Terra Home Builders which referenced
a successful project that you completed for them. Did you manufacture their
granite and someone else installed it?
A. I only did the manufacturing for him. I worked for him for more than five years.
Q. And how long have you been manufacturing granite?
A. Since 2012.
Kyle Lantz moved to approve granting a full license to the Applicant. Gary
McNally offered a Second in support of the motion. Carried unanimously, 8– 0.
Chairman White congratulated Mr. Orosa on improving his credit.
D. Antonio A.Huerta—Review of Experience
(d/b/a: "Antic Condition Air, Inc.")
Michael Ossorio:
• Mr. Huerta has applied for a"Class A"Air-Conditioning License which
requires four years in either an apprenticeship program or on-the-job training
with letters attesting same plus three years as a Licensed Journeyman.
• The Affidavit from MG Cooling cited Mr. Huerta's "plumbing" services.
• The Affidavit from Mercury Rising stated Mr. Huerta worked there from 2002
until 2008 but Mercury Rising was not licensed until 2005 or 2006.
• He cannot meet the requirements since he does not have four years as an
Apprentice and three years as a Licensed Journeyman.
Antonio Huerta,Jr., was sworn-in to serve as a translator for his father.
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April 15,2015
Chairman White asked Antonio, Jr. to explain how his father met the requirements.
Antonio, Jr.
• Acknowledged there were typographical errors in the application. He noted
there was a letter in the file from Lisa Adams of"Licenses, Etc." who helped
prepare the paperwork, admitting and correcting an error. Ms. Adams stated
Mr. Huerta's experience with MG Cooling and Heating was in air-
conditioning and not plumbing.
• He stated the cover letter explained the confusion with the dates of his father's
employment.
• His father did not work MG Cooling and Heating as an employee but was
a consultant from 2008 to 2010 and would help the owner whenever he had an
a/c problem.
• When his father arrived from Cuba, he worked for PanAm Air Conditioning
in Miami for six years and helped to build the a/c system for the Panthers
Stadium.
• After the job was completed, he also worked in plumbing.
• He clarified that his father worked for Mercury Rising from 2004 through
2008.
Terry Jerulle stated he understood the typographical error and asked the translator
how his father made the mistake in completing the application.
Antonio Jr. stated the error was in the work history; the referenced year for Mercury
Rising should have been 2004. He further stated his father had tried for so long to
pass the test, and should have taken more time to complete/review the work history
on the application.
He continued while he father was in Cuba, he went to school for electro-mechanical
engineering and worked on refrigeration for merchant ships.
It was noted that PanAm Air Conditioning in Miami has been dissolved and proof of
his work history was unavailable.
Kyle_Lantz_stated the Applicanthas had an EPA_MVACTechnician Certification
card since September, 1996. He further stated while nothing specific was listed on
the application for work history during the late `90s, the Applicant must have been
doing "something"in air-conditioning during that time to qualify for the certification.
Mr. Lantz continued that you don't obtain an EPA certification "just for the fun of
it."
Antionio Jr. stated his father understood that verification was required to obtain a
Class "A" license, but he just wants to be able to work even if he doesn't have the
experience for a Class" A" license.
It was noted that on January 10, 2015, Mr. Huerta took the Business Procedures test
and his score was 76%. He also took the Class "A" Air Conditioning Contractor's
examination and his score was 75%.
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April 15,2015
Kyle Lantz asked the Applicant:
Q. What kind of work did he do? Did he do duct work, rough work, service work,
installing units like split systems or chiller units?
A. (Antonio Jr. for Antonio Sr.) He has installed new systems. He's done duct work
and he did install chiller units for PamAm Air in Miami.
Q. So, mostly new installations—not service?
A. He does have service experience.
Q. Both?
A. Both.
Q. So, service work -- new installation-- duct work?
A.--Yes.
Q. And he's been doing it—I know you haven't verified it—but he's been doing it
since 1996? Consistently?
A. From 1996 on. He started working in 1995 but when he hasn't been able to work
in air-conditioning, he's done heat. He's done plumbing and that's what he's
been doing. The J & V Air Conditioning came into question because he didn't
work for them, he was their consultant to try to keep his experience up to date.
He thought it was relevant enough to be included on the application.
Kyle Lantz: Personally, if he shows four years of experience, I'm happy. I don't
care about anything after that. I think that's a little different than the requirements. I
think the requirements are seven years, right?
Michael Ossorio: Four years with thirty-six months as a Licensed Journeyman.
Kyle Lantz: If he were to go the State route, four years would be more than enough.
Michael Ossorio: The State might be less stringent that we [Collier County] are, yes.
Kyle Lantz: Much less.
Michael Ossorio: I think they do require some kind of affidavits of employment and
verification of Journeyman experience.
Kyle Lantz: When he takes the test to get his Class "A" license on the County level,
does that include technical as well as business or do they test for all the technical at
the Journeyman level and the Class "A" is only business?
Michael Ossorio: He must pass both the Business Procedures test and the trades'
test. The Journeyman test is technical. I'm not saying that we've issued licenses for
Master Electricians in air conditioning companies without having a Journeyman's
license, but the burden is on the Applicant to provide a detailed Application pursuant
to the Ordinance concerning his experience as a Journeyman.
Richard Joslin: I am looking at the test scores. The test scores really don't show
that he has all this experience. He passed the test—but barely.
Antonio Jr.: His language barrier had a lot to do with it. He worked so hard to try to
pass the test with his limited English.
Richard Joslin: I believe that the testing facilities now do allow you to take the test
in different languages. I believe Spanish is one of them. Did he take it in English or
in Spanish?
Antonio Jr.: He took it in Spanish but as far as all the books and the study materials,
he would have to translate from English into Spanish—none of the study materials
came in Spanish. That was his biggest hurdle.
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April 15,2015
Kyle Lantz: The test questions for the a/c exam are very specific—you almost have
to have the book in front of you to look it up. If you gave me questions in Spanish
and books in English, I couldn't find the answer.
Michael Ossorio: The things we actually look at under Section 22 -183, "Experience
Requirements," are:
(a) As a prerequisite to, and as a requirement for, the issuance of a Collier County
or City Certificate of Competency, an Applicant shall submit satisfactory
evidence of experience in the trade for which he/she desires certification.
(3) Journeymen's experience shall be-as apprentices or trainees,having
completed an Apprenticeship program registered with the Department
of Labor and Employment Security and demonstrates four years
verifiable practical experience in those particular trades, or
demonstrates six years verifiable practical experience in those particular
trades, except as may be authorized by apprentice programs approved
by the Bureau of Apprenticeship Training, Division of Labor,
Employment and Training of the Department of Labor and Employment
Security, which are hereby incorporated by reference as the required
apprentice experience.
He continued: One of the things we actually look at on the application side is
verification that he has been a trainee. For example: If an individual worked for one
plumbing contractor for ten years, that doesn't mean that individual would qualify to
become a Licensed Plumber unless the Qualifier signs an Affidavit that he has trained
the individual in the art of plumbing. He doesn't necessarily have to go through an
apprenticeship program, although lots of people (companies) have apprenticeship
programs, in-house. A lot of companies train their employees in-house in
apprenticeship programs and then they apply to become a Journeyman ... maybe not
licensed—but equivalent to a Licensed Journeyman. There are some Applicants who
take the Trades' Test—the Master—and they pass it but if they haven't really shown
the experience ... It's not uncommon that an Applicant will pass the Electrical Exam
for Air-Conditioning but faiLthe_Journeyman Test. It's_because he/she doesn't have
the practical experience of going into the field and actually doing the work.
Richard Joslin: In my opinion, the Applicant does not meet the criteria for a Class
"A"license. I think a little more Journeyman experience would be helpful or some
evidence that can prove that he had it.
Kyle Lantz: I feel just the opposite. As for the letters of recommendation, that's
something the company just writes—they know the key words for the application—
and hand to someone to sign. I think that if he's been around it for 20 years, he
probably has enough experience to get by.
Michael Ossorio: The State—the CILB—really wants us to do our homework to
make sure Applicants meet the criteria of the Ordinance. The Affidavit should come
from a qualifying company on their letterhead. He also stated it was an old
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April 15, 2015
application form. It the letters from both MG Cooling and Mercury Rising were
typed by Licenses, etc., then I have some issues with that. I talked to Mr. Perez
(Mercury Rising) who stated that he signed the letter. If he signed it, he should have
seen the error -- 2002 -- this Affidavit is not correct.
Chairman White asked the Applicant if he read and signed the cover letter on the
Application.
Antonio Jr.: That is what he wrote. I proof read it but he signed it.
The Chairman asked Michael Ossorio for the County's recommendation.
Michael Ossorio:
• To deny the application.
• Mr. Huerta needs to show 36 months working as a Journeyman.
• He has accumulated four years of apprenticeship work but he needs to work
for someone in the State of Florida until he can take the Journeyman test and
become licensed.
• Life/Safety issues are present when you go to someone's house and work on
their electrical or HVAC systems.
Antonio Jr: As far as the Class `B"License, would the requirement be the same?
Michael Ossorio: He would have to take a different exam for Class `B." But the
Journeyman requirement is for all licenses—Class "A" and Class `B." The BTUs are
different from Class "A" to Class `B." He would still fall into the same category
which requires the Journeyman experience unless he can provide documentation to
show something equivalent to Journeyman experience.
Kyle Lantz asked how many Journeyman A/C cards the Contractors' Licensing
Office typically issues during the year.
Michael Ossorio stated there was an A/C Journeyman class offered in Fort Myers.
He continued the County has rarely issued Journeyman cards for A/C, but primarily
for Electrical and Plumbing.
Mr. Ossorio clarified the Applicant could resubmit his Application provided he could
prove his equivalent experience to that of a Licensed Journeyman. If he can't provide_
the information, he could take the Journeyman test to see how he does and then he
could work for an a/c company for three years.
Mr. Ossorio explained the Applicant must provide a detailed account of his training
signed by his trainer to be considered as proof of Journeyman experience. He further
stated if the Applicant could fix the errors on his application and provide the required
information, he could re-apply to Board.
He defended the County's requirements which he acknowledged were more stringent
that the State of Florida but maintained the County's requirement added an extra layer
of safety/protection for County residents and noted the County has been licensing
Contractors since the early `60s which is long before the State began doing so.
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April 15, 2015
Chairman White recapped:
• The Applicant needs to provide a different Affidavit from MG Cooling
containing correct information and dates, signed by Marco Gonzalez;
• The Applicant needs to provide a different Affidavit from Mercury Rising
containing correct information and dates, signed by Rafael Perez;
• The documents reflect the Applicant's actual work experience as a
Journeyman and must be on each company letterhead.
• If such documents are provided, the County may reconsider its position.
Chairman White explained his purpose was to give the Applicant (and his son) some
guidance to meet the County's standard should he wish to re-apply.
He agreed with the County's recommendation because it appeared adequate
documentation had not been presented, even if the Applicant did have enough
experience to qualify him.
Michael Boyd noted Mr. Huerta obtained his EPA card in 1996 and wondered if he
took some classes to qualify.
Kyle Lantz stated classes and review test are offered for EPA test. He confirmed it
was a difficult test and study was necessary. He agreed that the Applicant had some
formal training in 1996.
Chairman White noted obtaining his EPA card and attending certification classes
were adequate to demonstrate apprenticeship. He did not view them as evidence
of Journeyman's status. The County's issue was with the Applicant's lack of
Journeyman experience.
Kyle Lantz reiterated he did not have an issue with Journeyman experience.
Comment: He thought "Journeyman"was an outdated concept—he has personally
known only one. He agreed there were more Electric Journeymen than Plumbing.
In his opinion, there is little motivation to become a Journeyman since having a
Journeyman on a job site was not a requirement. He noted the State's licensing
system does not require an Applicant to have been a Journeyman in order to obtain a
license—the State requires only four years of apprenticeship. As long as an
Applicant passed the tests and met the required criteria, he would be licensed by the
State.
Richard Joslin stated the Ordinance had set certain criteria. To go around the criteria
would set a precedence for someone else (i.e., less qualified) to attempt the same
thing by showing only four years of technical experience.
Kyle Lantz noted the Applicant showed 19 years of experience—he just did not "go
the Journeyman route." He felt it was a grey area and the Board should determine
what was equivalent and what was not equivalent. The Applicant has shown that he
has experience, has taken some classes, and has some formal training. The Board's
job is to determine if the formal training and experience is equivalent to Journeyman
status, as opposed to not. He is not required to have a Journeyman card—it can be
"equivalent."
Chairman White admitted he did not know what being an A/C Journeyman entailed;
He stated he respected Mr. Lantz's opinion and that he was so well informed.
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April 15, 2015
He further stated if a motion to deny were made, he would support it. He noted the
Applicant could take the information that was presented concerning documenting his
equivalent experience and re-submit his Application with more preparation and
attention to detail concerning the County's specific requirements.
He agreed the other choice available to the Board was to accept Mr. Lantz's
suggestion and consider making modification to the Code.
Michael Ossorio:
• The County is looking for proof of the Applicant's employment while acting
as a Journeyman.
Richard Joslin moved to approve denying Antonio Huerta's application to obtain
a Class "A"Air Conditioning License due to a lack of experience. Ronald Donino
offered a Second in support of the Motion.
Motion carried, "7— Yes/1 —No." Kyle Lantz was opposed.
E. Matthew R. Nero—Review of Experience
(d/b/a: "Naples Platinum Pool and Spa")
Matthew Nero stated his goal was to obtain a Pool Cleaning license for residential
swimming pools. He will not perform any electrical work or repairs. He would brush
the walls and steps, vacuum, and treat the water.
He admitted he did not have any experience working for a swimming pool cleaning
company—he is self-taught since childhood. He has had owned a pool since 2011.
He attended the two-day CPO ("Certified Pool Operator") course offered by the
Collier County Aquatic Center and passed the exam.
• He also took the Business Procedures test in January 2015; Score - 80%.
• He has a Bachelor's Degree in Science from SUNY—Brockport (05/2001).
He stated he felt he had more than enough knowledge to perform basic pool cleaning
duties and the contacts necessary make referrals to handle any problem that he might
encounter, i.e., repairs.
Richard Joslin:
• Due to the Applicant's lack-of experience or formal training,g he could not ---
support granting a license.
• He strongly suggested the Applicant obtain a job with a pool cleaning
company and receive on-the-job training.
• There are more undefined systems that the Applicant knows—attending a
CPO class does not give him sufficient information.
Matthew Nero stated he has taken over five hundred (500) water samples and claims
to understand the chemistry involved. He explained he has cleaned pools for family
members and friends for years as an"evening"job. He stated he took water samples
for family members, friends, and co-workers. He gives them a list of which
chemicals they needed and the quantity.
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April 15,2015
Chairman White noted that during the March meeting a gentlemen presented his
application to obtain a Pool Cleaning License. While he had a bit more training, the
Board was still unable to grant a license due to his lack of experience. He suggested
that Mr. Nero either work for a licensed pool contractor to obtain on-the-job
experience, or hire someone who was qualified in the field to work with him in his
company and train him.
Mr. Nero stated his degree from Brockport College was in Facilities Management
with an emphasis on Sports Management.
He asked if he could obtain a restricted license.
James Morey, Esq.,the Board's Attorney, outlined the experience requirements to
obtain a Swimming Pool/Spa Servicing Contractor's license:
• Twenty-four months of experience in the field, and
• Passing grade on the Business Procedures test.
Michael Ossorio clarified the only time the Board has ever issued a restricted license
was to an individual who owned 15 residential (rental) properties for ten-plus years
and cleaned each of the pools himself His license was restricted to cleaning
residential pools only.
Richard Joslin moved to approve denying Matthew Nero's application to obtain a
Swimming Pool/Spa Servicing Contractor's License due to a lack of experience.
Gary McNally offered a Second in support of the Motion.
Carried unanimously, 8— 0.
F. Robert Saviste—Waiver of Exam/Petition to Reinstate License
(Saviste, Inc. d/b/a: "All in One Painters and Cleaners")
Robert Saviste:
• He is licensed in Lee County and has been in the painting business for the past
15 years.
•_ He took the Business & Law test (Score- 84%0) and the Painting Contractor's
Trades exam (Score— 89%) in 1997.
• He was licensed in Collier County but it lapsed, and is now null and void.
• It has been more than three years since he took the exams.
• He has petitioned the Board for a Waiver of Examination as well as reinstatement
of his license
• He has maintained his continuing education requirements
• He wants to return to Collier County to take advantage of new business
opportunities
Terry Jerulle asked Mr. Saviste why he did not want to take the tests.
A. It's been fifteen years and I've learned every day. I feel I am very confident to do
painting in this County.
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April 15,2015
Mr. Saviste noted he currently has three jobs going in Lee County.
Kyle Lantz moved to approve granting the Applicant's request for a Waiver of
Examination and reinstate his Painting Contractor's License. Gary McNally
offered a Second in support of the motion.
Kyle Lantz clarified that Lee County would not issue a Business Tax Receipt if the
Applicant was not licensed in that County.
Chairman White called for a vote. Carried unanimously, 8—0.
VII. OLD BUSINESS:
A. Mikel G. Diehl—Review of Credit Report(12-month)
(d/b/a: "Florida Hardscapes & Paver Maintenance,Inc.")
Chairman White noted the Applicant provided two credit reports: March 14, 2014
and March 30, 2015. He stated he had not seen much improvement.
Mikel Diehl explained he is paying his accounts upfront rather than charging and
paying at the end of the month.
Chairman White pointed out his credit score (FICO) in 2014 was 674, but it is
currently 611. He asked Mr. Diehl to provide an explanation.
Mr. Diehl stated his attorney was investigating discrepancies in the business credit
report that may be due to his prior association with Florida Pavers and its partnership
with another company on the other coast. He explained he had been the sole
Qualifier for Florida Pavers in Collier and Lee Counties.
When asked about a$900 charge-off from an office supply company, he stated he did
not have any accounts with any office supply company.
Chairman White noted Mr. Diehl has remained current concerning paying on his
State tax liens.
Mr. Diehl admitted his personal credit report reflects his student loans which are in
excess of-$20,000. He stated-he-is currently attending classes and making-payments----
of$300 to $350 per month on his student loans.
Chairman White observed the credit report noted payments were being made "as
agreed"which he stated was satisfactory.
Chairman White asked Mr. Diehl if he could explain why his credit score had
dropped by 60 points.
A. I am trying to get it resolved—I want it explained to me why there was such a
significant drop because, through my company, I don't have any accounts open so
I don't owe anybody anything. If it has to do with the previous company, then it
is something that I will have to get resolved because that company was
completely resolved and has already filed for bankruptcy. All of their debts were
supposed to have been cleared about six months ago.
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April 15,2015
Kyle Lantz asked Mr. Ossorio if the County had received any complaints concerning
Mr. Diehl and the response was, "no."
Richard Joslin stated when the Board asks to review a new credit report, it is to see
if there has been any betterment—being able to pay the debts that were brought
before the Board when the Applicant first appeared. We are hearing that it has not
happened, but you are now operating on a cash basis with everyone ... which is good.
Mikel Diehl stated he made the change to operating with cash so that he would just
purchase what he needed.
Richard Joslin stated that paying for materials as he needed them to do a job was
different than paying off the debt that are on the credit report. That's the difference.
The Board was looking to see if you made that"go away,"in a sense, to the best of- -
your ability. But we are not seeing improvement.
Chairman White noted that having such a low payment on his student loans, even
though payments are being made as agree --the large balance might be bringing the
credit score down.
He continued, stating if the business credit report had looked good, he would not
have been concerned about the personal credit report. He stated he was curious as to
what the Applicant and his attorney could show, after working with the credit
reporting agencies, about Mr. Diehl's business that could get his credit report cleaned
up. If there is an opportunity for the Applicant to show his business has credit—even
though it's not under a credit card—by providing letters from his suppliers—it would
definitely help his application.
He further stated the Board did not find any negatives in terms of the Applicant's
fiscal management. There should not be an issue to continue the probation.
Michael Ossorio stated the Board issued a license to the Applicant on April 16, 2014
but a tax lien was filed in April 24, 2014 in the amount of$1,201.
Chairman White stated if debts, like the tax lien, had been cleaned up, even though
the Applicant claimed some were not the responsibility of the corporate entity that he
was trying to operate but were the prior "bad acts"that should have been cleaned up
via the bankruptcy ...
Mikel Diel: That I could just take care of and pay for ...
Chairman White: I don't know—I don't know whose responsibility it is ...
Mikel Diehl: I could responsibility and take care of it ...
Chairman White: My point is ... I see a lot of credit reports and there are things
that are "red flags." That is certainly one on here for me. Those are the things that I
would encourage any applicant to take the time to —if they don't know what it means
—to find out from the credit reporting agency and address it. Your attorney should
have pointed these things out to you indicating that they were problematic.
He concluded by asking the County for its recommendation.
Michael Ossorio:
• The Licensing Board did not expect to find that a lien had been filed two
weeks after granting a probationary license.
• The Board expected to see some improvement.
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• April 15,2015
• His business credit scores are ripe for failure. If the Applicant chooses to pay
off his business debts, then he would be more than welcome to petition the
Board in six months.
Chairman White stated he did not see anything that indicated Florida Hardscapes
was the underlying owner for the d/b/a"Florida Pavers." The Applicant testified that
it was a different entity. The tax lien that Mr. Ossorio referenced shows Florida
Hardscapes & Paver Maintenance, Inc. as the business name with a d/b/a(below it) of
Florida Pavers. The Applicant could have been more diligent in un-twisting the
threads. It is possible that the reporting of the lien had nothing to do with the
Applicant's current business.
He asked Mr. Diehl if that was-the case in April, 2014 when the State tax lien was
filed in the amount of$1,201 —that it was not against Florida Hardscapes.
A. It was not, sir.
Chairman White stated there was enough confusing information on the credit
reports that he was willing to give the Applicant six months—maybe three months—
to figure it out. This is not something to be considered as a trifling matter.
Chairman White moved to approve continuing the probationary license for a period
of three months, at which time the Applicant is to appear before the Board and
provide an updated credit report which demonstrates improvement, as well as an
updated personal credit report, and any accounts demonstrating continuance for
the trades.
Kyle Lantz suggested that the Applicant is to provide documentation regarding the
State tax lien that it was either not applicable to his company or has been paid.
Chairman White accepted the suggestion and included the language in his motion.
Kyle Lantz offered a Second in support of the motion.
Terry Jerulle questioned the Applicant, asking if he understood the motion and if he
could comply with what was asked of him within the three-month time frame.
Mikel Diehl: I will take care of what is on that credit report and try to get it resolved.
Chairman White called for a vote. Carried unanimously, 8— 0.
B. Yanira I. Tejada—Review of Credit Report (6-month)
(d/b/a: "Paradise Landscaping of Florida,Inc.")
Chairman White asked Ms. Tejada how she had improved her credit in the past six
months.
Yanira I. Tejada:
• She contacted the companies where she owes money;
• She has paid the Capital One account and the Direct TV account ($211.74).
• She produced a paid receipt from Direct TV since it was not reflected on her
credit report.
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April 15,2015
• The new credit report reflects the removal an account that was not hers.
• She has entered into a payment plan with Citibank (balance: $3,589)
o The same collection agency has two accounts; she was infouued she
could pay the Citibank debt first and then pay the Chase Bank debt
($3,693)
o The payment plan will run for 24-months.
• Her goal is to pay off both accounts by the end of 24 months.
Chairman White asked if the Board gave Ms. Tejada a full license, would she
continue to pay her debts.
A. They are on my credit report and I need to get rid of them. I have to pay them; I
want to pay them off as quickly as I can.
Kyle Lantz noted her score went up by 65 points in six months which he stated was
"pretty impressive."
Kyle Lantz moved to approve terminating the probation and moving Ms. Tejada's
license to full status. Gary McNally offered a Second in support of the motion.
Carried unanimously, 8—0.
BREAK: 12:45 PM
RECONVENED: 1:00 PM
VIII. PUBLIC HEARINGS:
(Note: With reference to the cases heard under Section VIII, the individuals who
testified were first sworn in by the Attorney for the Board.)
A. Case #2015-02: Board of County Commissioners vs. Enrique Vasquez,
d/b/a "SW Florida Painting Corp."
Chairman White outlined the order of the proceedings:
• The Public Hearing will be opened, witnesses will be sworn in, and accept any
evidence from the parties;
• The County will present its "Opening Statement," followed by the
Respondent's "Opening Statement;"
• The County will present its "Case in Chief," followed by the Respondent's
defense
• The County may offer any rebuttal;
• The process is then concluded.
• After closing the Public Hearing portion of the proceedings, the Board will
receive instruction from its Attorney, similar to a"Charge to a Jury" in a civil
trial, which sets out the parameters upon which the Board members will base
their decision.
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April 15, 2015
• During deliberations, the Board members may ask for additional information
and clarification from the parties.
• The Board will decide two different issues:
o Whether the Respondent is guilty of the offense(s) as charged in the
Administrative Complaint. A vote will be taken on the matter.
o If the Respondent is found guilty, the Board must decide the Sanctions
to be imposed.
• The Board's Attorney will advise the Board concerning the Sanctions that may be
imposed and the factors to be considered.
• The Board will discuss the Sanctions and vote.
• The Chair will orally report the decision of the Board.
Gary McNally moved to open the Public Hearing. Richard Joslin offered a Second
in support of the motion. Motion carried, 8—0.
Thomas Keegan, Licensing Compliance Officer, requested to enter the County's
case packet into evidence.
Richard Joslin moved to approve accepting Case #2015-02: Board of Collier
County Commissioners vs. Enrique Vasquez, d/b/a "SW Florida Painting Corp."
into evidence as County's Exhibit#1. Gary McNally offered a Second in support of
the motion. Carried unanimously, 8—0.
Thomas Keegan presented the County's "Opening Statement:"
• The County will prove that Enrique Vasquez, a Collier County Painting
Contractor violated a 2010 State of Florida, Division of Financial Services,
"Stop Work" Order on March 4, 2015.
• The County will also prove that Mr. Vasquez misrepresented material facts in
his 2012 application for his Painting Contractor's license by not listing the
2010 "Stop Work" Order. A fine of$21,746.50 was levied against him.
Chairman White asked the Respondent if he had an exhibits or documents to offer
into evidence and his response was, "not really."
The Respondent presented his "Opening Statement:"
• He stated the reason why he didn't pay the fine was because he had been
contacted by a representative from Workers' Compensation who requested
that he produce all the paperwork and information for the prior three years
which he gave.
• He was then requested to produce copies of his checks.
• He was unable to produce copies from his first year—he contacted his bank to
obtain copies but he no longer had an account at that bank and was referred to
another vendor.
• Workers' Compensation gave him a deadline of thirty days to produce the
copies.
• It took longer than 30 days to obtain the copies.
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April 15,2015
• When he tried to submit them after the deadline, Workers' Compensation
would not accept the documents claiming it was too late.
• He was assessed a penalty.
• He didn't know he would be penalized because no one had explained it to
him.
• He was upset about the situation and stopped working.
• Two years later, he applied to reinstate his license. He accepted bad advice
from unqualified individuals.
Chairman White asked Mr. Vasquez if he had any questions of the County.
The County presented its "Case in Chief."
• On March 4, 2014, during a joint Workers' Compensation/Licensing
Compliance operation, Officer Keegan was on site at 4221 Crayton Road,
Naples, FL, with Tom Atkinson and Tiffany Greene, Workers' Comp.
compliance offices and Detective Ralph Guarniero.
• Four workers were at a j obsite, painting the exterior of a newly constructed
single-family residence.
• The workers were employees of SW Florida Painting Corp.
• Enrique Vasquez, the Qualifier of the company, was contacted and confirmed
the workers were his employees.
• Research revealed the company had been issued a State "Stop Work" Order
by Jack Gumph in 2010 and it was still active. (See County Exhibit E-13/14)
There was also an active balance of$21,746.50 owed to the State of Florida.
• Mr. Vasquez came to the jobsite and was questioned about the "Stop Work"
Order. He admitted he was aware of same and was placed under arrest by
Det. DeWayne White, State Fraud Division. The charge was violating the
2010 State "Stop Work" Order.
• When Mr. Vasquez applied for a Painting Contractor's License in July, 2012,
he did not disclose his debt to the State on his application.
Michael Ossorio testified as a Witness on behalf of the County:
• He referenced County Exhibit E-24, the application submitted by Enrique
Vasquez dated July3l,2012.
• Mr. Vasquez was licensed in 2010 but allowed his license to lapse.
• If, on his application, Mr. Vasquez had listed his debt to the State in addition
to his violation of a"Stop Work" Order, he would not have been issued a
license.
Chairman White asked the Respondent if he had any questions of the County and
the response was, "no."
The Respondent presented his "Defense:"
• He did not have the money to pay the fine assessed by Workers'
Compensation and began working for other Contractors.
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April 15,2015
• When he applied to reinstate his license in 2012, he stated he did not
understand Question#3 on Page 2 of the Application which asked: "List all
debts you or any company(s) associated with you refused to pay and the
reasons for the refusal to pay." He answered as "N/A" because he did not
understand the question.
• He stated since he obtained his license in 2012, he has not had any violations.
Chairman White pointed out that the application contained the word, "None," as the
response to Question#3.
Michael Ossorio noted the same question was asked on Page 3 of the application
under"Qualifier Information" (Exhibit E-26) and the response was "N/A."
Chairman White asked who owed the money to the State. Was it the corporate
entity or the Qualifier? The response was the Corporation.
Mr. Vasquez admitted that the business does owe the State.
Chairman White asked Respondent to explain his discussion(s) with the State, if
any, since his arrest.
Respondent:
• The day after, he spoke to Workers' Compensation representative who told
him he owed a fine of$1,000. He was told to bring a check in the amount of
$1,000 which was applied to the amount owed to the State as down payment.
• When he attempted to pay, he was informed his account was with a collection
agency and was told to contact the agency directly.
• He paid $3,984 initially and entered into a payment plan. He will pay $200
per month until paid in full.
Mr. Vasquez stated he didn't falsely answer the application question"on purpose"—
he just didn't understand what it meant.
Chairman White reminded the Respondent that it was his responsibility to ask
questions when he didn't understand what the question was.
Chairman White summarized: The Respondent admitted the violations, i.e.,
continuing to work while under a"Stop Work" Order.
Mr. Vasquez stated he didn't have any questions but was asking for a second chance.
Officer Keegan stated the County had nothing further to present.
Gary McNally moved to approve closing the Public Hearing. Richard Joslin
offered a Second in support of the motion. Carried unanimously, 8—0.
Gary McNally moved to approve finding that the Respondent was "Guilty"of the
violations as charged in Count 1 and Count II of the County's Administrative
Complaint#201 5-02. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 8— 0.
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April 15, 2015
Attorney Morey noted the Respondent is the holder of a Collier County Certificate
of Competency.
If after the Contractors' Licensing Board finds that there may have been misconduct,
may, but is not required to, impose any of the following Sanctions, either alone or in
combination:
1) Revocation of a Collier County (or City) Certificate of Competency,
2) Suspension of a Collier County (or City) Certificate of Competency,
3) Denial of the issuance or renewal of a Collier County (or City)
Certificate of Competency,
4) Imposition of a period of probation, not to exceed two years in length,
during which time the Contractor's contracting activity shall be under the
supervision of the Collier County Contractors' Licensing Board, and may be
revoked for cause;
5) Restitution;
6) Imposition of a fine not to exceed $5,000,
7) Issuance of a public reprimand,
8) Requirement for re-examination or participation in a duly-accredited
program of continuing education directly related to the Contractor's
contracting activity,
9) Denial of the issuance of Collier County or City building permits or
requiring the issuance of such permits with specific conditions, and
10) Recovery of reasonable investigative costs incurred by the County for the
prosecution of the violation.
Attorney Morey further advised the Board that, when imposing any of the possible
Disciplinary Sanctions on a Contractor, the Contractors' Licensing Board may
consider all the evidence presented during the Public Hearing as well as:
1) The gravity of the violation;
2) The impact of the violation on Public Health/Safety or Welfare;
3) Any actions taken by the violator to correct the violation(s);
4) Any previous violations committed by the violator, and
5) Any other evidence presented at the Hearing by the parties relevant to
the Sanction which is appropriate for the case, given the nature of the
violation(s) or the violator.
Chairman White asked Michael Ossorio to outline the County's recommendation
and any costs incurred by the County.
Michael Ossorio:
• Re: Count I
o Impose a fine a$2,000
o Investigation Costs: $285
• Re: Count II
o Impose a fine of$500
o Investigation Costs: $125
• Suspension of Certificate #32213 until such time as the "Stop Work" Order
has been released by the State of Florida. Following release, the Respondent
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April 15, 2015
may petition the Board to remove the suspension and restore his license to
"Active" status.
Chairman White asked the Respondent if he under the County's position and if
he had a response.
The Respondent stated he understand he must pay off the Workers' Compensation
fines in order to petition to regain his license.
Chairman White reiterated if the Board followed the County's recommendations,
the Respondent would not be able to work until the fines have been paid.
A. Until I get a Release—right?
Michael Ossorio explained the only documentation needed was proof that the
"Stop Work" Order had been rescinded.
Gary McNally noted the Respondent's legal problems have not been addressed
by the Board, i.e., he was arrested for fraud.
Chairman White acknowledged that the Respondent had been arrested but he did
not know if there would be a criminal prosecution but it would not be within the
jurisdiction of the Board. The nature of the fraud was that the Respondent
violated the "Stop Work" Order. It may have been an administrative violation—
not a criminal violation. He did not know if the Respondent had been charged
with fraud.
Mr. Vasquez stated there would be a hearing at the Court House on Friday. His
lawyer explained he will be on probation for six to eighteen months.
Chairman White stated he was comfortable with the County's recommendation
and noted the fined imposed by the County were to be paid within the next thirty
days.
Discussion ensued among the Board members concerning how the Respondent
had been licensed while a"Stop Work" Order was in place.
Michael Ossorio:
• Mr. Vasquez had been a licensed Contractor in 2010.
• After he was issued the "Stop Work" Order—he stopped working as a
Contractor and allowed his license to lapse.
• When he applied to have his license reinstated, he did not complete the
Application correctly—he omitted information.
• Had the County been aware of the State's "Stop Work" order in 2012, the
license would not have been reinstated.
Chairman White asked if the County's current practice was to check the State's
database whenever an application to reinstate a license is filed with the Licensing
Office.
Michael Ossorio stated that, unlike four years ago, the website of the Division of
Financial Service is arranged by county making it easier to review how many, if
any, "Stop Work" Orders were issued in a particular county. He understood that
the Licensing Officers pull the data from the website to determine if any were
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April 15, 2015
issued to Contractors licensed in Collier County. The relationship between the
County and the Division of Financial Services is better than it has been in
previous years.
Investigator Keegan confirmed the website covers the past ten years and details
the status of a"Stop Work" Order, i.e., whether it is still "active" or has been
released by the State. He stated he checks the website on a daily basis for new
entries into the system.
Chairman White stated he was comfortable with the County's recommendation.
Chairman White moved to approve imposing the following Sanctions upon
Respondent, Enrique Vasquez, holder of Collier County Certificate of
Competency #32213:
• Re: Count I
o Imposition a fine a $2,000
o Imposition of Investigation Costs: $285
o The fines and investigation costs are to be paid within thirty days
of the Order or the license will be revoked
• Re: Count II
o Imposition a fine of$500
o Imposition of Investigation Costs: $125
o The fines and investigation costs are to be paid within thirty days
of the Order or the license will be revoked.
• Suspension of Collier County Certificate #32213 until such time as
the "Stop Work"Order has been released by the State of Florida.
• Upon providing proof of the Release to the Contractors'Licensing
Office, the Respondent may petition the Board to remove the
suspension and restore his license to "Active"status.
Terry Jerulle offered a Second in support of the motion.
Motion carried, "7— Yes/1 —No." Gary McNally was opposed.
Chairman White explained to Mr. Vasquez that he had thirty days to pay $2,910
to the County of his license would be revoked. It was the decision of the Board to
suspend his license until the "Stop Work" Order is lifted by the State.
IX. REPORTS:
(None)
X. NEXT MEETING DATE: Wednesday, May 20, 2015
BCC Chambers, 3` 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 1:45 PM.
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April 15, 2015
COLLIER COUNTY CONTRACTORS'
LICENSING BOARD
11111 10
11A21... v)k.
PATRICK WH TE, Chairman
The Minutes were approved by the Committee ChairN e Chair on .44 , 2015,
"as submitted" ( 1 OR "as amended"
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