CLB Minutes 05/20/2015 May 20, 2015
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
May 20, 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
Terry Jerulle
Richard Joslin
Kyle Lantz
Gary McNally
Robert Meister
Excused: Ronald Donino
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. — Assistant County Attorney
James F. Morey, Esq. — Attorney for the Contractors' Licensing Board
Ian Jackson— Collier County Licensing Compliance Officer
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May 20, 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:
Changes:
• Under "New Business," Item #VI-(E), "Jorge Arriaga— Qualifying Second
Entity"has been withdrawn.
III. APPROVAL OF AGENDA:
Vice Chairman Thomas Lykos moved to approve the Agenda as amended. Gary
McNally offered a Second in support of the motion. Carried unanimously, 7— 0.
IV. APPROVAL OF MINUTES—APRIL 15,2015:
Changes:
• Page 21 (top of page— first paragraph) : Change the word "under" to
"understood"
o "Chairman White asked the Respondent if he understood the County's
position and if he had a response."
• Page 21 (top of page—first paragraph): Change the word "understand" to
"understands"
o "The Respondent stated he understands he must pay off the Workers'
Compensation fines in order to petition to regain his license."
Gary McNally moved to approve the April 15, 2015 minutes as amended. Richard
Joslin offered a Second in support of the motion. Carried unanimously, 7— 0.
V. DISCUSSION:
(None)
VI. NEW BUSINESS:
A. Orders of the Board
Vice Chairman Lykos moved to approve authorizing the Chairman to sign the
Orders of the Board. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 7— 0.
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•
May 20, 2015
(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. Maykol Calderon — Contesting Citation #09272
Citation: #09272 ("Unlicensed Landscape Contractor advertisement")
Date Issued: April 27, 2015
Fine: $1,000.00
Description of Violation:
Engage in the business or act in the capacity of a Contractor, or advertise self or
business organization as available to engage in the business of or act in the capacity
of a Contractor, without being duly registered or certified.
(Terry Jerulle arrived @ 9:10 AM; quorum remained with eight voting members present.)
Maykol ("Michael") Calderon:
• He received a Citation for illegally distributing business cards.
• He was surprised, stating he had "never done any illegal thing in his life."
• He has been a resident of Naples for the past 17 years.
• He obtained his business card online and was not aware it was illegal to
distribute business cards by placing them in mail boxes.
• When he was contacted by Ian Jackson, he admitted he had distributed the
business card and promised not to do it again—he stated he did not know it
was illegal.
• He stated he has ordered new business cards because he wants to "do the right
thing and follow the rules."
• He requested a reduction in the fines which total $2,000 for both Citations.
Chairman White noted there was nothing in the application to indicate if Mr.
Calderon had received the new business cards.
Mr. Calderon replied he had ordered but had not yet received his new cards.
Mr. Calderon stated after talking to several of his friends, the consensus was that no
one knew distributing business cards by placing them in mail boxes was illegal. He
asked if there was any way to alert other vendors. He stated when he obtained his
license, it stated "No fertilizing, planting, or tree service" but nothing was mentioned
about advertising. He suggested adding the restriction to the document.
(Note: The document referred to as a"license" is the Collier County Business Tax
Receipt.)
Vice Chairman Lykos:
• Referenced Page E-4 of the information packet presented to the Board which
contained a copy of Mr. Calderon's new business card.
• It stated he was "licensed and insured."
• When asked what license he possessed, the response was, "An occupational
license."
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May 20, 2015
•
Chairman White clarified that an "occupational license" was the old name —it was
replaced by the new terra, "Business Tax Receipt."
Vice Chairman Lykos concurred, stating it was not a "license."
Chairman White explained the Business Tax Receipt did not authorize Mr. Calderon
to do the work he was doing.
Mr. Calderon asked if his new business card was also "wrong." He stated it was his
first appearance before the Board and he was "here to learn."
Chairman White noted it was Mr. Calderon's responsibility to learn "what the law
was."
Mr. Calderon mentioned a discussion he had with Michael Ossorio regarding
obtaining a license from the County. He stated he had signed a non-compete
agreement with a former employer which was in effect for one more year; after the
agreement expired in August, 2016, he would obtain his landscaping license.
Kyle Lantz asked if anyone could obtain Business Tax Receipt.
Ian Jackson stated as long as the correct fee was paid to the Collier County Tax
Collector's office, there were no restrictions concerning who could obtain one.
Vice Chairman Lykos clarified the Business Tax Receipt indicated only that a
person owned a business.
Mr. Calderon asked if he needed a"license"to cut grass.
Vice Chairman Lykos reminded him it was "not a license."
Ian Jackson replied lawn mowing did not fall under the County's Code of Laws—a
Contractors' License was not required to cut grass.
Vice Chairman Lykos noted the business card stated Mr. Calderon was "licensed
and insured," which implied that he had been licensed by the County to perforrrr work
but he was not. He explained the reason why Mr. Calderon had been cited was not
because he distributed business cards but because the business cards stated he was
licensed to do work ... or because he did perform work that he was not allowed to do.
• The original business stated Mr. Calderon could perform sprinkler repairs but
he was not licensed to do so.
• The Citation was issued because he advertised his ability to perform work
which he was not licensed to do.
Mr. Calderon stated the only thing he knew how to do was to cut grass. He stated he
understood that he would need to obtain new business cards which will state that he
cuts grass— and nothing else. He said he "just needed a break."
Chairman White pointed out to Mr. Calderon that he cannot claim he is "licensed"
on his new cards.
Mr. Calderon reiterated that he thought the Business Tax Receipt was a "real
license" and apologized for his error.
Chairman White stated the old term was confusing and the name was changed from
"occupational license"to "Business Tax Receipt"by Collier County's Ordinance.
He explained there was very little that the Board could do reduce the fines because
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May 20,2015
Mr. Calderon's "new" business cards were still in violation of the Ordinance. He did
not abate the Violation prior to the Hearing and will not be able to take a licensing
exam until August, 2016.
Richard Joslin stated the previous business card indicated that Mr. Calderon could
do sprinkler repairs, pressure washing, sod installation, etc., all items require a license
which Mr. Calderon does not have and his advertising implied he could do much
more than just cut lawns —and, again, was part of the problem.
Vice Chairman Lykos:
Q. Your new card also says that you are insured?
A. Yes.
Q. What insurance coverage do you have?
A. Liability which covers in case my lawnmower hits something.
Q. There is no copy of a policy included in this package.
A. I didn't put it in, but I can provide that.
Q. So you come before this Board without a license, without proof of insurance but
with a business card that claims you are licensed and insured.
A. I totally understand. I've never been in a place that this before. I wish I had been
educated—the day I was fined the $2,000, he could have told me what was the
right thing to do. I didn't know. How am I supposed to do it right if somebody
doesn't tell me? Now I know but this is pretty expensive -- $2,000 in tickets just
to learn. Give me a chance and I'll do the things right.
Chairman White stated the only other option available to Mr. Calderon to reduce the
amount of the penalty would have been for him to have obtained a license, which he
cannot do until next year.
He continued there is a system in place—if the violation was abated prior to the
Hearing,the Board would have an opportunity to consider dismissing the Citations.
The fine could be reduced if a license had been applied for—but the reason why Mr.
Calderon is unable to apply for a license has nothing to do with the Board.
He noted Mr. Calderon has asked the Board to do something for him but the
responsibility lies in his hands and there is nothing the Board can do to change things.
Vice Chairman Lykos asked Michael Ossorio if Mr. Calderon would have 30 days
to challenge the Citation.
Michael Ossorio:
• Ten days to contest a Citation; and
• Forty-five days to apply for a license.
Vice Chairman Lykos explained to Mr. Calderon if his business card had contained
the correct information, the Board would have the option to rescind the Citation
because the Code stipulates that if corrective action is taken prior to a hearing—
unfortunately the "window of opportunity" for Mr. Calderon had passed.
Chairman White noted Mr. Calderon had contested the Citations within the 10-day
time frame, adding he still had time with the 45 days to apply for a license. He stated
if the Board wished to continue the case, and if Mr. Calderon applied for a license,
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May 20,2015
and obtained correct business cards, the Board might consider doing something
differently next month. In his personal opinion, simply applying for a license would
not violate the non-compete agreement. It would be the issuance of a license and then
engaging in a business activity that could put Mr. Calderon in jeopardy with the non-
compete. He further stated the Board had not yet decided on whether or not to
continue the current case and the next one to allow Mr. Calderon the time to obtain
correct and appropriate business cards.
Kyle Lantz stated Mr. Calderon said he could not apply for a license because he has
the non-compete. Correct?
Maykol Calderon: Correct.
Chairman White reiterated Mr. Calderon could not engage in the business —but he
may be able to apply for a license.
Kyle Lantz clarified Mr. Calderon stated he could not apply for a license, despite the
Chaiiuian's interpretation. However, he had advertised to do the work which was in
violation of the non-compete. He stated, "It just doesn't add up for me."
Maykol Calderon: For me to do and say is a totally different thing. Do you know
what I mean?
He continued: I am only asking or a chance—I can change the business cards today.
I just don't know. If I had gotten the right information before ... if I had met with
somebody the day I got the Citation, if I got the same information I got here today, do
you think I would be bringing these business cards to you?
Chairman White: Mr. Calderon, it is not the Board's job to educate and advise. We
hope that the law and the County's system help you to do that. Ultimately, we are
here to decide whether your contesting of the Citation is appropriate or not. The only
avenue that I see—and it requires the Board to support this position—is if we were to
continue this and the next case until next month. If we chose to "table"them and see
what the situation and the facts are the next time we hear the case. It is the only
option that gets the Board anywhere close to what Mr. Calderon has asked us to do,
but—in my opinion—the "handcuffs"that he is wearing are ones that he put on
himself, not us.
Maykol Calderon: Okay.
Michael Boyd expressed his confusion, asking if Mr. Calderon needed a license to
mow grass and the response was, "No."
He continued: The only thing Mr. Calderon would be required to do is remove the
nomenclature about being"licensed" from his business card and, as long as all he
does is cut grass, he's good to go.
Chairman White agreed, stating I would think so but we're not"there" today.
Michael Boyd noted the form of the "Business Tax Receipt"was very confusing due
to the classification of"lawn maintenance only" and which restricts the holder to "no
fertilizing, no planting, or tree service." So if I were looking at it, I would think it
was a license.
Chairman White pointed out: It also says "This document is a business tax only.
This is not certification that licensee is qualified. It does not permit the licensee to
violate any existing regulatory, zoning laws of the State, County, or cities; nor does
it exempt the licensee from any other taxes or permits that may be required by law."
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May 20, 2015
Chairman White continued: This includes the activities that were being advertised
on his business card.
Kyle Lantz: But it referred to him as a"licensee" as opposed to a"business."
Chairman White: I don't disagree that there are opportunities for improvement.
Richard Joslin: Years ago, a lot of people would construe the Business Tax as a
Contractors' License —as a license. They just changed it in the past four or five years
ago when they really came down on it and said it was a Business Tax and not a
license.
Michael Ossorio: I think the State or the State Legislature changed it about five or
six years ago because people were getting confused—"I have an Occupational
License"— so they changed it to a Business Tax Receipt.
Maykol Calderon: I swear I thought I had a license to cut grass.
Richard Joslin questioned Maykol Calderon:
Q. How long have you had this Business Tax Receipt?
A. I used to do it— 17 years ago —and I always worked for another company. My
son graduated from high school and we decided to both get our License/Business
Taxes and start doing it again.
Q. When did you start your own business?
A. Probably 17 years ago when I came to Naples.
Q. You were not working for someone else? You were working for yourself?
A. No, I was working for someone else but I had this on the side. That's how I have
always been doing it. We decided to do it again because we need the extra money
to help my kid in college so he doesn't have to work. So we both went—so we
wouldn't get in trouble—we both got—each one ... and decide to do it again, and
we messed up on the business cards. I'm just asking for a chance to change the
business cards and keep moving forward.
Vice Chairman Lykos: Mr. Boyd, I understand that it seems like a pretty simple
solution, and the Code allows us to waive the Citation if the appropriate action has
been taken. I just don't think the new business card quite gets him where he needs to
be. And obviously, by his own testimony, he doesn't even understand exactly what
we're asking him to do.
If the Respondent would take Mr. White's advice—because he's here of his own
volition—we didn't call him here—he came before us by his choice. If he just said,
"Time out. I'll come back next month," we would have the opportunity to reconsider
the whole case with his corrective action. So far, I know Patrick has not advocated
for taking action immediately—I'm not asking for that—we just need the Respondent
to understand what we're recommending and then he needs to take the proper action.
Michael Boyd: I understand.
Chairman White concurred: I think part of the Chair's job is to help illuminate what
options may exist—both for the Board and, in this case, for someone contesting a
Citation.
He directed his comment to Mr. Calderon: You're the person who has to ask us,
"Would you continue my cases for another month so I can fix my business card?"
Maykol Calderon: "Would you continue my case for another month so I can fix the
business cards?"
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May 20, 2015
Chairman White: I think we will have to put that to a vote.
Richard Joslin: Before I make a motion, I would like to hear what Mr. Jackson has
to say. What brought him here today—what did you find?
Ian Jackson:
• On April 24th, a complaint had been received that Maykol Calderon was
distributing business cards in the Logan Blvd. area.
• Mr. Calderon indicated t he had distributed cards on approximately three
streets—probably 100 houses—30 houses per street.
• On April 27th, met with Mr. Calderon to explain the license requirement and
the violation; extensively explained the abatement process including being
sponsored by the County for the exams—passing the exams, filling out the
application, credit report and experience affidavits.
• The Citations were issued and information was provided concerning the
request for a Hearing.
Kyle Lantz asked if there was one license that covered both landscaping and
irrigation.
(Answer was not audible.)
Chairman White stated the Board would not ask about the scope of the non-compete
agreement. The Board's option was to continue the case. Mr. Calderon applied in a
timely manner to contest it. He also has 45 days from April 27th to apply for either or
both of those licenses. It is up to him to decide.
Michael Ossorio outlined the County's recommendation:
• The Licensing Department would prefer a vote during the Hearing.
• The Licensing Board has given direction; the Board of County Commissioners
wants compliance.
He continued: There are licensed landscapers and irrigation contractors—they pay
for licensing, insurance, and Workers' Comp.
Chairman White asked if Mr. Calderon had the option to apply for a license and Mr.
Ossorio replied, "He sure does, and I recommend that he does that."
The Chairman continued: Mr. Calderon is allowed to do that because we continue
the case, there is the possibility if he does apply for it—that will be construed as
having abated it or at least to the point where he will be eligible to pay the lower
penalty— assuming that the Board, next month, looks at it from that point of view.
Michael Ossorio: I believe that since this gentleman has timely asked for a Hearing
and if he has the license on my desk in 45 days, he can still come back before the
Board and ask the Board to waive the $300—which is for abating the issue. This
gentleman knew he needed a license—that's why there is the non-compete.
Mr. Ossorio concluded by asking the Board for an "up or down vote."
Kyle Lantz asked: If the Board voted to uphold the Citations and Mr. Calderon came
back tomorrow with his applications for the landscaping and irrigation licenses, is he
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May 20, 2015
still stuck at the $1,000 or does it automatically drop down—as long as he does it
within the 45 days? Correct?
Chairman White: Correct—that's my understanding.
Kyle Lantz: So we don't have to meet again to go over that—we can just uphold the
Citations and ...
Chairman White: That's between him and the ...
Kyle Lantz: ... if he does what he has to do, then it automatically goes down?
Maykol Calderon: Mr. Ossorio, I totally understand your point because now that I
understand that I need a license to advertise—I'd be real mad if I paid all the money
for a license and insurance and Workers' Comp and I found somebody else delivering
business cards. So if that's going to be the price that I'm going to pay for it ... let me
pay the money—just close this Hearing—let me pay the money and I will learn in
that way—if that's all right with you ... if that's what you want, I will do it. Just
close it this way. I'll pay the money if that's going to make you happy. But if I had
gotten the right infoimation in the first place, I wouldn't be here—because that day I
showed you personally my business card and you didn't tell me it was illegal. You
never told me I didn't have a license. You never told me that this was a tax receipt.
Otherwise, I would never be sitting before the Board showing you those papers. If I
had the right information from the beginning, I would have done it right. Nobody out
there had the right information. I called everybody—all my friends—nobody knows.
They think that you can work in the States without a license and I'm telling them it's
not all right because nobody has the right information.
When I walked in your office and sat with you—you were on the phone with
somebody else—when I was talking to you ... you were talking to somebody else ...
you have to take the time, excuse me, but you have to take the time and listen to the
small people. I totally understand your point, but you have to get in my shoes and see
it from my point of view.
Chairman White: I think the Board has made a very diligent effort to put ourselves
where you are standing— and I think we do that in every case. But part of the way
that this Board weighs what it chooses to do is by the demeanor and conduct of the
person at the podium.
He continued: We don't have a motion but the County's position is to vote up or
down during the Hearing. I do not believe we have to be constrained or compelled by
that—it's a suggestion. As much as I am a proponent of doing what is consistent with
prior practice, in my opinion, this is the first time the Board has put itself in this
position where—because of the non-compete or other reasons relative to the business
card—there is an opportunity for the Board, if the members choose to take it. It's the
will of the Board.
Vice Chairman Thomas Lykos moved to approve upholding Citation #9272 as
issued. Terry Jerulle offered a Second in support of the motion.
Kyle Lantz asked if each Citation would be handled individually.
Chairman White replied whatever the Board decided to do in this case would impact
its decision in the next case.
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May 20,2015
Michael Ossorio suggested an amendment to the motion to include there was an
opportunity to abate the Citation by paying a fine of$300.
James F. Morey, Esq., Attorney for the Board, noted Section 22-202.a of the
County's Ordinance allows for a full application to be submitted to the Board within
45 days of the issuance of the Citation to qualify for the abatement, and reduction of
the fine from $1,000 to $300.
Chairman White: It may come down to a business decision, i.e., the cost of the
application vs. the amount of the fine—whichever is less.
Kevin Noell, Esq., Assistant County Attorney: I think what we want to avoid is
having an Order in place and then the appearance of something happening that's
contrary to an Order of this Board. It would be more for clarification purposes that
would avoid the appearance of a contradiction between this Board's Order and Staff s
later action.
Vice Chairman Lykos amended his motion as follows:
Moved to approve upholding Citation #9272 as issued, and per the County's
Ordinance[Section #22-202(a)], the Respondent is allowed 45 days from the date
of the Citation to submit an application to the County for the appropriate license
and reduce the Citation fine from $1,000 to $300. Terry Jerulle offered a Second
in support of the amended motion. Carried unanimously, 8— 0.
Chairman White asked Mr. Calderon if he understood the Board's motion and his
response was, "Yes, sir."
C. Maykol Calderon—Contesting Citation #09273
Citation: #09273 ("Unlicensed Contracting - Irrigation")
Date Issued: April 27, 2015
Fine: $1,000.00
Description of Violation:
Engage in the business or act in the capacity of a Contractor, or advertise self or
business organization as available to engage in the business of or act in the capacity
of a Contractor, without being duly registered or certified.
Chairman White asked Maykol Calderon if there was anything different about this
Citation from the previous Citation.
Maykol Calderon: No, sir. Same thing.
Richard Joslin asked why two Citations were issued for the same violation.
Maykol Calderon: I still don't understand.
Ian Jackson: There are two separate licenses required for landscaping and irrigation,
i.e., two separate violations.
Richard Joslin: I see—okay—so you went to the two areas he was advertising for—
I see.
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May 20,2015
•
Vice Chairman Lykos moved to approve upholding Citation #9273.
Chairman White suggested the Citation should be treated in the same manner as the
previous Citation.
Maykol Calderon stated: I will have to pay the $1,000. I am not interested in the
sprinkler license—I've never liked sprinklers—I just went on the website for my
business card and only changed my name.
Vice Chairman Lykos advised Mr. Calderon to apply for the license.
Maykol Calderon: Why should I apply? I'll pay the fine—I'm not interested in the
license.
Vice Chairman Lykos: That's your choice.
Vice Chairman Lykos explained his motion was to uphold Citation #9273 with the
same parameters in the previous motion.
Richard Joslin offered a second in support of the motion.
Motion carried, "7— Yes/1 —No." Michael Boyd was opposed.
D. Robert Leos—Review of Credit
(d/b/a: "R&M Glass, Inc.")
Chairman White asked Mr. Leos to explain his credit issued.
Robert Leos stated he had submitted a letter of explanation regarding his credit
history which was included in his application.
Michael Ossorio:
• Mr. Leos is from North Miami and was working in the City of Naples —
residential construction.
• He took the necessary exams, applied for a license, and paid the Citation.
• His credit issues are the reason why he is before the Board.
Mr. Ossorio asked Mr. Leos how long he had been in business in Miami.
Robert Leos: We moved from Colorado about 14 months ago, but we have only
been operating since June, 2014—not quite a year.
He continued:
• He took full responsibility for the license issue.
• There was some confusion concerning what was needed.
• He called some friends who were in the business— some customers—to ask
what was needed.
• "We thought we were okay and it turned out that we weren't."
• Again stated he took full responsibility for not finding out what he was required
to do to operate a business in Collier County and Naples.
When asked which testing facility he used, the response was, "Gainesville."
He stated he took the Glass and Glazing Contractor's exam (86%) and well as the
Business Procedures test (80%).
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May 20,2015
•
Michael Ossorio explained the State's minimum threshold for a credit score is 660
while the County looks at both the application along with the credit score. Licenses
have been issued with scores under 660 if the issue has to do with a bankruptcy or a
medical issue. He noted Mr. Leos' credit score was 564.
Robert Leos stated his credit score should be higher due to the creditors that he has
paid in full and the arrangements he has made with others to pay off his debts.
He noted two creditors have been difficult, one is with Old Castle. He explained it
was a business decision—the creditor's accounting was the issue ... his company had
been double billed and Old Castle has yet to rectify the situation which has continued
for two years. He stated he will hire an attorney to deal with the issue.
He stated the other issue is the judgment in Colorado with Barry Johnson. A
resolution was agreed upon but he passed away before it could be removed from his
credit report.
When asked for the County's recommendation, Michael Ossorio stated he would
approve the application.
Mr. Ossorio asked Mr. Leos if he would need a letter of reciprocity to obtain his
license in Miami and the response was, "Yes."
Robert Leos stated he hoped to do business along the entire east coast of Florida.
The Collier County license will reciprocate in Miami-Dade County. He will obtain a
license in Broward County which will reciprocate in Palm Beach County.
Vice Chairman Thomas Lykos moved to approve the application and grant a Glass
and Glazing Contractor's license to Robert Leos. Kyle Lantz offered a Second in
support of the motion. Carried unanimously, 8—0.
Vice Chairman Lykos commented that typically, where there are credit issues, the
Board does not issue a license without requiring the licensee to return after a specific
time to show improvement. He commended Mr. Leos on his efforts to detail his
situation for the Board and to pay down some of the debts prior to the Hearing.
Robert Leos stated Ian Jackson had been a tremendous help and offered explanations
of what was required. He also stated the County's staff had been very helpful. He
cited Joanne Greensburg in particular.
Chairman White stated both the County and the Board do the best that they can but
the law is the law. The system was designed to help those who are interested in
finding out what is required. The Board was not established enforce by way of
punishment but to gain compliance.
Vice Chairman Lykos stated it was good that Mr. Leos identified the members of
the County's staff who had assisted him and made it a successful effort, especially
after complaints had been made concerning Staff and how difficult the system was—
both of which were part of the record.
E. Jorge Arriaga—Qualifying Second Entity ("Withdrawn" per Amended Agenda)
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May 20, 2015
VII. OLD BUSINESS:
A. Enrique Vasquez—Reinstatement of License
(d/b/a: "SW Florida Painting Corp.")
Chairman White asked Mr. Vasquez if there was anything that he wanted to add to
his request for reinstatement.
Mr. Vasquez commented that he had "learned his lesson."
When asked for the County's recommendation, Michael Ossorio stated he would
approve the license application but requested a 12-month probationary period, i.e., if
an administrative complaint is filed, he will appear before the Board for a Hearing.
Chairman White clarified that Mr. Vasquez would still be permitted to work until
the case was heard and Mr. Ossorio concurred. He stated at the end of the 12-month
period, the probation would expire.
When asked if it was appropriate for him to vote on the matter since he had not
attended the previous Hearing, Attorney Morey stated Vice Chairman could vote if he
had reviewed the minutes for the previous Board meeting. He further stated it was a
separate issue before the Board than at the previous meeting.
Kyle Lantz moved to approve reinstating the Painting Contractor's license of
Enrique Vasquez but that he will be on probation for a period of one year. Richard
Joslin offered a Second in support of the motion. Carried unanimously, 8— 0.
VIII. PUBLIC HEARINGS:
(None)
IX. REPORTS:
• Michael Ossorio noted he has received a number of calls from other jurisdictions
regarding the Citation abatement process followed in Collier County. He stated
despite the feedback from one person during the Hearing, the system has been
working. His office is willing to help anyone who wants to be in compliance.
• He will provide a report at the next meeting concerning the individuals who have
achieved compliance after contesting a Citation.
Chairman White comments: "It is instructive for the Board to hear individual
comments in contested Citation cases. The Board does its best to understand the
position but in the case of individual who appeared before the Board, he was the one
who "put the handcuffs" on himself. He had the power to remove them and, to the
extent that he was willing to ask the questions that needed to be asked, the answers
would have been given to him. The problems were of his own making—not the
Board's. He had an opportunity to do certain things prior to the Hearing but he didn't
—those are choices that we each make. The other gentleman's experience evidences
that when you are willing to obtain information, the answers can be found.
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May 20, 2015
X. NEXT MEETING DATE: Wednesday, July 15, 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 10:15 AM.
COLLIER COUNTY CONTRACTORS'
LICENSING BOARD
ALYV
v, ' , Ihairman
s y LN s , 'Two
The Minutes were approved by the Committee Chair/Vice Chair on S--3-1-1 IS , 2015,
"as submitted" [K1 OR "as amended" 1 1.
14