CLB Minutes 09/16/2015 September 16, 2015
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
September 16, 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
Members: Richard Joslin
Kyle Lantz
Gary McNally
Robert Meister
Excused: Thomas Lykos, Vice Chair
Michael Boyd
Terry Jerulle
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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September 16, 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; five (5) voting members were
present.
Michael Ossorio noted that Vice Chaiinian Thomas Lykos, Michael Boyd and
Terry Jerulle had been excused.
He also noted the Board of County Commissioners was in the process of approving
a new applicant to the Board who will represent the category of"Consumers."
II. AGENDA—ADDITIONS OR DELETIONS:
Changes:
• Under Item VIII—(A), "Public Hearings," the following case will be heard
following Item V on the Agenda.
o Case#2015-03: Board of County Commissioners vs. Louis Bruno,
Louis Bruno, LLC, d/b/a "Bruno Air Conditioning
of SWFL" (CAC 1817131)
III. APPROVAL OF AGENDA:
Gary McNally moved to approve the Agenda as amended. Richard Joslin offered a
Second in support of the motion. Carried unanimously, 5— 0.
IV. APPROVAL OF MINUTES—AUGUST 19,2015:
Correction:
• Page 17— 5th Paragraph (2nd comment by Chairman White): The word "need"
was inserted following the-word"will" in the second sentence.
Gary McNally to approve the August 19, 2015 minutes as amended. Richard Joslin
offered a Second in support of the motion. Carried unanimously, 5— 0.
V. DISCUSSION:
(NONE)
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September 16,2015
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 #2015-03: Board of County Commissioners vs. Louis Bruno,
Louis Bruno, LLC, d/b/a "Bruno Air Conditioning of SWFL"
(CAC 1817131)
Michael Ossorio noted Louis Bruno, the Respondent, was present and was
represented by his attorney, Patrick Neale, Esq.
He stated the County had entered into a Stipulation with Mr. Bruno which his
attorney would enter into the record.
Chairman White explained the process to be followed during the proceeding:
• The Witnesses are sworn in;
• The County presents a summary of its Case;
• The Respondent presents a summary of his/her Case;
• Each party presents their"Case in Chief;"
• The County is allowed an opportunity to rebut.
• The Public Hearing is then closed;
• The Board will deliberate any findings of violation or guilt concerning the
matters that were charged;
• The Board will vote regarding the imposition of any Sanctions based upon
advice from the Board's attorney concerning the factors to be weighed when
considering evidence.
• The Chairman will orally report the Order that will subsequently be rendered
to become the official decision of the Board.
Attorney Patrick Neale stated a Stipulated Settlement Agreement had been entered
into by the County and his client which addressed the issues contained in the
Administrative Complaint. He requested the Board approve the Agreement.
Mr. Neal outlined the terms of the Agreement:
• The Respondent will be placed on probation for a period of six months;
• If a violation occurs after the date of the Settlement Agreement and Order, the
Respondent will be notified of the violation and validated by the Contractors'
Licensing Office Supervisor;
• If warranted, the Respondent's permit pulling privileges will be immediately
suspended, pending a full hearing before the Contractors' Licensing Board'
• Pursuant to the State's Building Code, the Respondent has the right to make
emergency repairs "where equipment replacement and repairs must be
performed in an emergency situation." The permit application will be
submitted during the next working ("business") day to the Building Official.
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September 16,2015
• The Respondent will pay the investigative and operational costs incurred
by the County in the sum of$1,500 within thirty (30) days from the date of
the Stipulated Settlement Agreement and Agreed Order.
• The Stipulation and Order shall be forwarded to the State's Construction
Industry Licensing Board ("CILB") with a recommendation that no further
action is necessary.
Attorney Neale questioned the Respondent, Louis Bruno:
Q. Have you read the Stipulation as entered into the record?
A. Yes, I read it.
Q. Do you accept the terms of the Stipulation as entered into the record?
A. I accept the terms.
Q. Do you have any questions about the Stipulation?
A. No.
Chairman White stated he was satisfied.
Kyle Lantz commented he did not think the Board had the authority to place a State-
certified Contractor on probation, but agreed the Board could restrict a Contractor's
permit pulling privileges. As he had done previously, he stated he would not approve
the Stipulation.
Chairman White noted the impact of the probationary period was nothing more than
requiring the Respondent to "... comply with the laws and ordinances governing
Contractors within the State of Florida and Collier County." The laws are already in
effect at the State and local level. No other additional Sanctions were imposed. The
Licensing Board Supervisor had the jurisdiction to immediately suspend Mr. Bruno's
permit-pulling privileges if a determination was made that a potential further
violation had occurred.
Richard Joslin requested an explanation from the Board's Attorney of what the
Board was permitted to do regarding a State-certified Contractor.
Attorney James Morey replied the Board was limited but could impose restrictions
on permit-pulling privileges within Collier County, as well as making referrals to the
State's Construction Industry Licensing Board ("CILB"). He stated the Board had
the authority under Collier County's Code of Laws and Ordinances.
Chairman White concurred, noting the Stipulation was agreed to by the Respondent
as a way of addressing the asserted violations contained in the County's
Administrative Complaint.
When asked about the amount of fees paid by the Respondent to obtain after-the-fact
permits, Michael Ossorio explained the County and the Florida Building Code
assessed a fee that was twice the amount of the peiniit.
Chairman White explained the amount paid was not a"fine" but an additional
permit fee as required by law.
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September 16,2015
Richard Joslin asked if the permits had been pulled and the work has been inspected.
Michael Ossorio replied, "Yes." He further explained that Mr. Bruno had come into
compliance—there were no Code issues or violations—which is why the County had
agreed to the teens of the Stipulation.
Kyle Lantz asked if the Respondent had steps in place to ensure the same violations
would not occur again and Mr. Ossorio's response was, "He does."
Chairman White commented: "One of the benefits of a Stipulated Settlement
Agreement was that it resolved not only the issues that were before the Board but also
addressed the potential concern about an Appeal and the additional expense that it
would entail."
He further noted for the record the Respondent had agreed to reimburse the County
for investigative and operational costs incurred during the prosecution of the matter.
Richard Joslin moved to approve the Stipulated Settlement Agreement reached in
Case #2015-03. Gary McNally offered a Second in support of the motion.
Motion carried, 4— "Yes"/1 — "No." Kyle Lantz was opposed.
VI. NEW BUSINESS:
A. Orders of the Board
Richard Joslin moved to approve authorizing the Chairman to sign the Orders of
the Board. Gary McNally offered a Second in support of the motion. Carried
unanimously, 5— 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. Charles K. Singletary Jr.—Waiver of Exam(s)
(d/b/a "Hardcore Concrete,Inc.")
Charles Singletary stated he was appearing before the Board to request a Waiver of
Exam for the Masonry Contractor's license because he had continued working within
his trade and was currently employed doing concrete and masonry work.
Kyle Lantz referred to the Applicant's "Verification of Construction Experience"
form and questioned the applicant as follows:
Q. You are currently working for LJ Hayes Construction. Is this a licensed
Contractor?
A. Correct.
Q. What are they licensed for?
A. He is a masonry contractor.
Mr. Lantz pointed out an error in the Jurat and asked who signed the Verification—
Timothy Hayes or Charles Singletary.
A. Timothy Hayes signed it.
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September 16,2015
[Note: The Notary inserted the wrong name, indicating Charles Singletary had
signed the document instead of Timothy Hayes.]
Q. What kind of work have you done since 2007?
A. I've done remodels on Wal-Mart for Ogden Brothers Construction, schools,
houses, and a little bit of commercial work.
Q. All block work?
A. I've done block, pre-cast, cultured stone, concrete, ty-beam.
Q. Have you been doing that pretty consistently since 2007?
A. Since I graduated from high school, yes.
Q. Can you make me comfortable that you have kept up on the business side of
things?
A. It pretty much has stayed the same.
Q. If definitely has not stayed the same.
Chairman White:
Q. What have you been doing relative to the management or supervision of the jobs
you have been on and the business management or administration of those jobs?
A. I'm a superintendent. I don't do the payroll right now but I plan to use a payroll
company when I get my own company set up.
Kyle Lantz:
Q. Are you familiar with the Workers' Compensation laws, the different payroll
laws, the laws pertaining to what you can and cannot do, insurance—that's the
stuff people get in trouble for.
A. Absolutely. I know I have to carry Workers' Comp and general liability. I've
done it before—there might be a couple of things that I need to catch up on.
Richard Joslin asked Mr. Singletary if he would be adverse to taking a Business and
Law class.
A. No, I'll do it.
Mr. Joslin noted the Applicant had passed a test in 2000; Score was 79. He stated
the laws had changed a great deal since then.
Kyle Lantz agreed, stating he would not have a problem waiving the trades test for
the Applicant but was not comfortable waiving the business and law exam.
Michael Ossorio confirmed Mr. Singletary had taken the Business and Law exam in
2000 and the Masonry trades test in 2002. Both scores were 79.6%. He noted under
the County's Code of Law and Ordinances, that Staff could waive the re-testing
requirement if an Applicant could prove that he/she had been active in the trade in
other jurisdictions or had been active as an inspector or investigator in the trade, or
for any valid reason that would render such re-testing superfluous to do the job.
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September 16,2015
Chairman White asked the Applicant approximately how much time he would need
to prepare for and taking the exam.
A. Ninety days.
Kyle Lantz moved to approve to waive requiring the Applicant to take the Masonry
Trades test. He is required to take and pass the Business and Law exam. His
applicant for a Masonry Contractors'License would be effective upon passing the
exam. Richard Joslin offered a Second in support of the motion.
Discussion:
Gary McNally noted there were two items on the Experian credit report that had
been placed in collections. The two items, totally approximately $3,000, were owed
to Home Depot. He asked if the situation had been resolved.
A. They have been paid. I don't have any documentation with me today, but I can
get it for you.
It was suggested that Mr. Lantz amend his motion to include providing proof of
payment to the Contractors'Licensing Office Supervisor before a license could be
issued to Charles Singletary.
Kyle Lantz amended his motion to include the above-referenced language, and
Richard Joslin offered a Second in support of the amended motion.
The Amended Motion was carried unanimously, 5— 0.
C. David M. Jones —Waiver of Exam(s)
(d/b/a "Love Landscape,Inc.")
David Michael Jones stated he was appearing before the Board to request a Waiver
of Exam based upon his 30+years of experience in his field. He further stated he had
taken and passed the exam previously but had been recruited to work in a large
corporation. He also worked for the City of Naples as a Landscape Manager. Neither
employer required him to obtain his Contractors' License. He had applied to obtain a
Restricted Landscaping License.
Chairman White asked the Applicant if was familiar with the Scope of Work that
pertained to the License.
A. Absolutely.
Q. Have you had the relevant experience throughout your work history consistent
with the same requirements?
A. Yes, sir, very much so.
Michael Ossorio explained to the Board that re-testing requirements can be waived.
He stated Mr. Jones had taken the "Business Procedures"test in 1995. Since then, the
requirements have been revised to include taking a trade exam. He reminded the
Board in similar situations in the past, it did require Applicants to take a Trades exam
when applicable. He stated he thought the Applicant was licensed in other
jurisdictions and has kept his business in those areas.
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September 16, 2015
Chairman White requested the Applicant to explain where he was licensed in
Florida and what licenses he held.
A. I am a Florida-certified Horticultural Professional [designation]; I have an
Associates' Degree; I have sat on Advisory Boards for the University of
Florida's Institute of Food and Agricultural Sciences. I am constantly trying
to expand my knowledge in the field. This is all I have ever done.
Kyle Lantz:
Q. Are you licensed as a Landscape Contractor or something of that sort in any
other county, city or municipality?
A. Not licensed as a Contractor. I do have a state license as a Florida certified
Horticulturalist.
Q. Can you explain what the difference is?
A. After a certain amount of schooling—pretty extensive amount of schooling—I
was able to obtain the Florida-certified Horticultural Professional [designation].
In our industry, there are not a lot of people who have it. It includes knowledge
of environmental practices, the right plants in the right place, and sustainable
landscape design.
Richard Joslin:
Q. Was this a college-type degree or ...?
A. It was from the University of Florida in 2000; my Associates' Degree of
Agricultural was from Cuyahoga Valley in Ohio in 1985. For the last thirty years,
I have been working in Florida.
Michael Ossorio noted the application packet included a letter from the City of
Naples verifying that Mr. Jones had been employed from 2007 through 2011 in the
Community Services Department as a Landscape Tech-2, Landscape Tech-3, Senior
Landscape Tech, and Facilities Management Supervisor.
Chairman White asked Mr. Ossorio for the County's recommendation.
Mr. Ossorio stated:
• Approve the application for a period of six months to allow Mr. Jones to
prepare for and take the Trade exam (Tree exam).
• After he has passed the exam, his conditional license will become active and
current.
David Jones stated he was "very comfortable"with the County's recommendation.
Kyle Lantz stated he recognized the Applicant had taken the business test
approximately twenty years earlier. He stated he was not concerned about the
Applicant passing the Trades test but reservations concerning his business
knowledge. He asked the Applicant to explain his business knowledge.
A. It may not be my strong suit but I have the people in place to assist me. I have
an insurance company and a payroll company. I have someone who has a degree
in finance and also ran two large local companies. I have the right people in place
for that. At the City of Naples, I was in charge of a$2.2M budget. I am familiar
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September 16,2015
with setting a budget and sticking to it but, as far as the legalities, I have the right
people in place for that.
Chairman White stated the Board's concern was the Applicant's over-arching
management umbrella and his overview of those operations. He asked if one of the
skilled professionals was not doing his/her job, did the Applicant understand that he
was responsible and what he had to do to fix things. That was the basis of the
Board's concern and support for requiring the Applicant to also take the Business and
Law exam in addition to the Trades test as recommended by the County.
Chairman White asked Mr. Jones if he would be comfortable taking and passing the
Business and Law exam within the next six months. He explained his license would
be effective immediately and would become a full, unconditional license upon
passing both tests.
A. I would be happy to do that.
Kyle Lantz moved to approve granting a temporary waiver of the license testing
requirement for a period of six months, and issuing a provisional license to David
M. Jones. At the end of the six-month period, if he has not passed both the
Business and Law exam and Trades (Tree) exam, his license will become inactive
until both exams are passed. Richard Joslin offered a Second in support of the
motion. Carried unanimously, 5— 0.
D. Victor Rodriguez—Credit Review
(d/b/a "Vic & C Painting, Inc.")
Victor Rodriguez and his wife,Maria Carmen, were sworn in, with Maria Carmen
serving as her husband's translator.
Maria Carmen stated she and her husband were both involved in the company and
she wanted to make sure that her husband understood the discussion.
Chairman White confirmed Maria Carmen's intention was to translate whatever the
Board said to her husband and to translate his responses to Board. He asked Maria
Carmen if she could translate accurately and completely; her response was "Yes."
Chairman White stated the Board was concerned about Mr. Rodriguez's FICO score
which was 627. He noted the credit report contained a civil judgment in the amount
of approximately $3,400 and outstanding collections of approximately $10,000. He
asked what was being done to pay these debts.
Maria Carmen:
• Most of the accounts were from 2008 through 2010 when the jobs were down
and the economy was down.
Chairman White asked what was being done to take care of the debts.
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September 16,2015
Maria Carmen:
• In the last two weeks, we started paying one of the accounts with AT&T and
we want to pay the accounts — it's only that he hasn't been working. We have
two kids—we have been trying to survive. That's why we want to get a
license so he can work and then start to pay our debts. We don't want to have
debts.
Chairman White asked if a payment had been made on the AT&T account in the
amount of$921.
A. I think it was $1,049 or something ...
Q. That's a medical bill with Paragon. If you look on the credit report supplied by
Licenses, Etc. on Page 2.
A. It's not that one ... we paid another one for one thousand ...
Q. Is that the one you are talking about that you made payments on ... with AT&T
Mobility?
A. We paid already—we paid that off. They didn't send me the letter yet. I asked
them a few times but they only sent me an email from AT&T saying that we paid.
Q. Do you have a copy of the email with you?
A. No, I didn't make a copy.
Q. Is your service provider currently AT&T?
A. No, it's Verizon.
Q. What about the others? There are more than a few of them for some substantial
amounts.
A. Yes, we understand that and we definitely want to pay them. You know, we only
need a job. My husband has been sick—he hasn't been able to be hired for a
company but we want to work. I do house cleaning and been trying to survive
with that. We want a chance to prove that.
Q. I admire that and respect that—we would like to be able to work something out if
we could. But what we would like you to do is to demonstrate how these things
that have affected the credit score are being taken care of. If you have approached
one of the creditors—there are some substantial amounts that Citibank has placed
for collection and those were verified as being owned all the way up until July of
this year. You've got $6,000 .... $7,300 ... $18,000 -- those are substantial
obligations out there that ... if you're going to run your business the way you run
your finances, regardless of what the causes are, because you could always say,
"Well, what if he gets sick and the business can't operate." The business will
have expenses and you will have customers who will be left without their jobs
getting done ... you will have suppliers who will not get paid. What we are trying
to do is to say, "Show us a level of fiscal responsibility—financial management—
budgeting—paying the debts that are owed." What you have done up until today,
isn't quite enough. So this is your chance to tell us what you're doing or going to
do."
A. Yes, before this, we were about fifteen years with excellent credit, before 2010 or
2008. We always paid our debts. We've been—like I said—we haven't done
much this last year because my husband has been sick and we've been trying—
having a hard time trying to pay our bills and all that. But, of course, it's not
going to happen—you know, we are responsible to try to solve this problem.
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September 16, 2015
With Chase, we went to the Court for one citation and we told them we can start
paying $50 a month and they said, "No—we want $300." The Judge said to wait
for another hearing but they never called again. We were trying.
Q. A judgment has been entered in the amount of$3,429. The judgment was entered
since 2010. Have you contacted Chase to try to pay the civil judgment?
A. No. We didn't hear anything else from them after that.
Q. Well, in the public record, there is a judgment that says Victor owes $3,429. The
point is if you have not contacted Chase about something that has already gone to
a judgment and you have not contacted the other creditors you have ... Citibank,
the medical bills ... the only one you've talked to and made payment on is the
phone company. Then help me to understand why we should grant you a license.
A. Well, if you can give us a chance, we can prove that ... we can always contact
them and start doing something.
Q. But the point is—we would like to have seen that before you came here. It is not
our job to help you to understand what your financial responsibilities are and to
properly manage them in a way that demonstrates when you come here ... your
FICO score isn't horrible, but it needs to be better. We're trying to help you to
get there ...
A. Yes, I know ....
Q. ... but it's not our job to get you there.
A. No ... no ... I understand that. And, well, we didn't have the money, that's all ...
if we had the money, of course ... it's embarrassing ... every time you want to
buy something and they say, "Let me check your credit" ... we don't want to hear
that all the time. That's why we're taking this step —trying to work ...
Richard Joslin:
Q. Is he working for a painting company at all now? In the field that he wants to get
the license for—is he working now?
A. No, no—not right now.
Q. Why?
A. Because, like I said, he was having trouble with his back. He tried to work a few
months with a company lately but he couldn't make it because it was only an
exterior job.
Q. If we give you a license, who is going to do the painting?
A. I do painting—I learned already. And we both do it. And we can always get an
employee.
Q. Then you're going to need insurance and it takes money to get insurance.
A. Yes. We'll do it.
Kyle Lantz:
Q. Here is my concern—you're asking us to grant you a license ...so, if you haven't
paid your bills in the past ... if someone hires you, what's to say that you're not
going to take the money and use that money to pay for something else instead of
buying materials for his job. You're asking for a chance—how about I call the
Midland Fund and ask them if we should give you a chance ... or Paragon or
Chase and ask them. They've already give you a chance. And what you've
shown them is that you don't deserve a second chance because you've not done
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September 16,2015
what you were supposed to do. I understand—people get sick and times gets
tough ... some of these debts are from 2010 and 2011 —your husband got sick in
the last year and the market was down, but ... I had a business in 2007 when the
market tanked but I had some steps in place to make sure that I paid my bills.
What we want to know is that you have steps in place and what you have shown
us from your past performance is that you didn't have any steps in place to pay
your bills. Now it is five years later and you still haven't paid those bills. I would
hate to be the one issuing you credit knowing that your past performance doesn't
do it. You haven't convinced me that you are in control of your finances at all.
That's not only going to affect you but now you are asking us to allow your lack
of responsibility to affect other residents of Collier County. It's tough for me to
approve getting your license—you have to be in control—to drive a ship, you
have to have a firm plan on where you're going. That's what we want to see.
You can do that—you can get your finances in order—you can get a payment
plan. You can contact all of these creditors—you can talk to them and set up a
payment plan, then come back to us and say, "Now I'm in control. Now I see
where I was—now I'm taking charge of my past." At least you would have
something. As far as I am concerned, you are going to take a deposit from a
customer and use that money to pay one of these past-due bills because there will
be a debt collector knocking on your door. I need to know that you have a plan
for these past bills before I allow you to take a deposit from a customer.
A. Well, that's why my husband said ... well, it's up to you if you give us a chance
... but my husband said we know we have to prove that we're working on it. And
he said as soon as we get it, we'll start contacting the people to pay them little by
little. One account and then the next one—that was our plan.
Q. So you're asking us to make the first step rather than you making the first step.
A. Well, we can do it. The first thing we did was start with AT&T and that counts
... from the little to the big one. That was our plan.
Chairman White:
Q. Other folks have come before us with that as their plan. We haven't always been
comfortable with that. What we have asked them to do is to go back and get a
better plan ... a more detailed plan. Something other than, "Well,this is what we
think we'll do." But to actually reach out to these creditors, even if you don't
have the present ability or means to pay them—to at least have contacted them.
Even though they may say to come back when you have money, there are laws
that they operate under—the"Fair Debt Collection Act"—and they do have to
talk to you. They do not necessarily have to agree, but if you make an offer to
them— and you come back and tell us or show us the letter or the email—that
shows us something. The thing that, to me, is the big hurdle that I'm not over yet
is the civil judgment. That's out there. If you go to a supplier to buy paint and
they do the most minimal check, they will see that judgement is out there—that
nothing has been done about it. To me, to contact Chase and figure out how you
can get that out of the public record—that's a big hurdle to clear.
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September 16,2015
Richard Joslin:
Q. The other question that I have —everything in the packet indicates Victor is the
license holder but what you're telling us is that Victor can't work and hasn't
worked in the industry because he's hurt. It means that you are going to be doing
the work or someone you will hire will do the work.
A. No, he is able to work but, like I said, he was trying to work with a company that
—they were doing an exterior job — 3rd floor—but he is able to work—he is able to
paint. Yes. And I do, too. We paint our house all the time and I have learned.
We have in our minds to pay those debts but if you want to see more, of course,
we'll put ...
Q. I think Mr. White has the idea ... come back ... maybe come back before us with
a better plan. Contact some of these people that you do owe—especially the civil
judgment and try to get something started. Whether they accept or deny—at least
you've started working rather than coming in here cold and telling us you're
going to do it.
Chairman White referenced the official exam score report in the packet:
• Business Procedures exam— 82%
• Painting Contractor exam—79%
Chairman White advised the couple they could ask the Board to withdraw their
request and come back again at a later date. He did not think the Board would
support their application for a Painting Contractor's license. He suggested before
returning, they obtain evidence that they tried to establish a payment play with Chase
and some of the other creditors.
Maria Carmen: We are going to come back another day.
Michael Ossorio suggested that Mrs. Rodriguez stop by his office to review the
credit report and to devise a business plan. Mrs. Rodriguez agreed.
Chairman White confirmed the application had been withdrawn.
E. Joong J. Kim— Credit Review
(d/b/a "Lhop Contractors,Inc.")
Joong Kim stated he recently moved from Louisiana to help his uncle. From 2006 to
2008, he had worked with his uncle installing wood floors. He moved to Louisiana in
2012 for a job. But he worked multiple jobs and his wife had to work because of the
lower wages in Louisiana. His uncle has a business in Lee County doing wood floor
installation and he will retire in 2015. He wants his nephew to take over his accounts
and obtain his license.
Mr. Kim further stated his intention was to which he had been unable to do
previously because his first priority was to support his wife and three children. His
uncle said that he would help Mr. Kim establish himself. His uncle has been in
Florida for the past 17 years and was very successful in his business. He stated he felt
that obtaining his license was his "last chance for my life and for my family."
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September 16, 2015
Chairman White stated Mr. Kim's FICO score was approximately 100 points lower
than the accepted minimum. He noted two specific items from the credit report: (1) a
civil judgment from Discover Bank dated 2012, and (2) a Federal tax lien dated 2010.
He continued there were smaller matters that had been placed for collection including
$1,000 placed into collection by Verizon, and asked Mr. Kim what had been done to
address those items.
Mr. Kim stated he had been trying to pay off the car loan through Capital One—he
had been concentrating on paying off the car loan.
Chairman White again referenced the debt to Verizon in the amount of$1,087as
well as the debts to Esurance ($84) and Bright House ($269). He also referenced
debts to Capital One ($597) and Progress Energy ($71) which had been placed in
collection. He again asked Mr. Kim to state what had been done about paying the
five items or what he planned to do about them, as well as the civil judgment ($4,631)
and the tax lien ($1,017).
Mr. Kim stated if he was granted a license and could start working immediately, he
could pay off all the items within the next six months. He again stated obtaining a
license was "his last chance." He stated he promised God and his family—"I can take
care of this in the next six months." He further stated his uncle was willing to help
him build his business.
Chairman White stated the total amount that Mr. Kim owed and that the Board
considered to be an issue was $7,756 —if he was able to get them all wiped off his
credit report, he could begin to establish his credit. He asked Mr. Kim if it were
possible to pay the creditors within the next six months.
Mr. Kim stated he was currently working on at night. His wife is also trying to find a
job. He and his family are staying with his Pastor until they can move out. He again
stated he needed to start working which is why he has applied to obtain his license.
He stated his uncle has a job waiting for him as soon as he is licensed.
Richard Joslin asked if Mr. Kim's uncle could hire him as an employee. He also
asked where Mr. Kim was currently employed.
Mr. Kim replied he was working at a restaurant. He stated his uncle had a
remodeling business from 2006 through 2014. His uncle had retired but still had
contacts with"Taylor Flooring One." His uncle is not licensed but planned to work
with Mr. Kim as an employee after he obtained his license.
Michael Ossorio noted the Verification of Construction Experience forms signed by
Bob Murphy and Donald Pribanic, as well as the Affidavits of Good Character signed
by each, were not properly notarized because the Notary had inserted Mr. Kim's
name instead of the names of the actual signers.
Mr. Ossorio asked Mr. Kim if he had ever worked for Taylor One Flooring as an
employee.
A. Not as an employee. My uncle's company, I J Remodeling, worked for Taylor
One and I worked for him. But they knew I worked for him.
Michael Ossorio explained Taylor One was in Fort Myers. Lee County did not
require a license to install wood flooring—only a Business Tax Receipt. He stated
the Affidavits were not complete and were not valid. He recommended denying the
application. He further stated Mr. Kim could come to the Licensing Board Office
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September 16, 2015
where he would explain the application in detail. Mr. Kim could return before the
Board on another date.
Chairman White concurred, noting corrections needed to be made on the
Verifications of Construction Experience forms and Mr. Kim needed to form a plan
concerning payment of the credit items. He suggested Mr. Kim ask to borrow some
money from his uncle to pay the debts which would eliminate one issue. The other
issue concerning the Board was Mr. Kim's experience and his lack of documentation
of his actual work experience.
Chairman White asked Mr. Kim if he wished to withdraw his application.
Joong Kim asked if he could be granted a probationary license.
Chairman White stated he would not support a motion if it were made. He further
stated the Board might be willing to do that if Mr. Kim returned with a properly
completed application and documentation of his work experience.
Mr. Kim agreed to withdraw his application.
Richard Joslin urged Mr. Kim to contact Michael Ossorio for help concerning how
to properly prepare the application packet.
Chairman White confirmed that Mr. Kim had withdrawn his application.
F. Benjamin T. Mading—Waver of Exam(s) / Credit Review
(d/b/a "Adria Group, Inc.")
Benjamin Mading outlined his educational and work experience:
• Attended the James Lorenzo Vocational Training Program in high school;
• Has been in the trade since he was 18 —approximately 24 years;
• In 1999, he started working with AFC Electric and became Vice President in
2000; and President in 2012.
o He prepared the permit applications;
o Went over the load calculations;
o Did the payroll;
o Did all the estimating;
• He stepped down as President in 2013 due to the death of his daughter and
also went through a divorce;
• Concerning the credit report: He contacted each creditor and has either set up
a payment plan or paid the debt in full.
o He noted most of the bills (Target and Pier One, etc.) had been
incurred by his former wife
o He had been unaware of the debts until he pulled his credit report to
complete his application
o None of the debts incurred were business-related
• The Adria Group has $10,000 in its bank account; the funds will be used to
start the company,
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September 16,2015
Michael Ossorio stated:
• Mr. Mading applied to reinstate his Electrical Contractor's license which
expired;
• He was registered with the State as a Registered Electrical Contractor but his
license became delinquent in August, 2014;
• He took the Trade test in 2000; he took the Business Procedures test in 2002
• He must also petition the Department of Business and Professional Regulation
to reinstate his State license—he may be required to post a Bond due to his
low credit score and could be issued a provisional license.
Benjamin Mading stated he had recently completed 14 hours of Continuing
Education.
Chairman White stated the Board was more concerned with Mr. Mading's credit
issues than his work experience.
Mr. Mading further stated he felt confident he could have his debts paid in full
within the next six months.
Chairman White pointed out the Applicant's FICO was well below the accepted
minimum of 660. He conceded it could improve drastically within the next 30—
60 —90 days but the timing would be up to the Applicant and dependent upon what
he was able to do. He suggested the Board consider granting a probationary license;
Mr. Mading would return at the end of the six-month period and present a revised
credit report for the Board to review.
Benjamin Mading asked if the probationary license would still allow him to obtain
permits on behalf of his new company, Adria Group, Inc.
Michael Ossorio confirmed once Mr. Mading received his Competency card from
the Board, he would be able to apply to the State for reinstatement. After he had been
reinstated, he would be allowed to pull permits. But due to his credit score, the State
might require that he furnish a Bond before he could be reinstated.
Michael Ossorio explained that even if the Board were to grant a probationary
license, Mr. Mading would not be allowed to work as an Electrician until his
registration with the State of Florida became "current" which could take up to four
additional weeks.
Mr. Mading stated he had paid $1,100 which he thought covered the fees owed to
the State.
Mr. Ossorio stated he would contact Lisa at Licenses, Etc. to coordinate their efforts.
Kyle Lantz moved to approve granting the application of Benjamin Mading for an
Electrical Contractor's License on a probationary basis. The probationary period
will not commence until Mr. Mading's license with the State becomes current. Mr.
Mading is to return to the Board at the end of the six-month probationary period to
present a revised credit report for review. Richard Joslin offered a Second in
support of the motion.
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September 16, 2015
Discussion:
Gary McNally asked what Mr. Mading had been doing since he stepped down as
President of AFC Electric, Inc.
A. In 2014, I started with Metro Electric. I helped with estimating and service work.
Q. Are you currently working for that company?
A. Yes.
Richard Joslin asked whether or not Mr. Mading's new company, Adria Group, Inc.,
could perform electrical work if he was not allowed to serve as its Qualifier.
Michael Ossorio confirmed the company could find another Qualifier or could wait
until Mr. Mading was reinstated by the State of Florida.
Chairman White called for a vote on the motion. Carried unanimously, 5—0.
RECESS: 10:35 AM
RECONVENED: 10:50 AM
VII. OLD BUSINESS:
(Note: With reference to the cases heard under Section VII, the individuals who
testified were first sworn in by the Attorney for the Board.)
A. Janet Ramirez— Credit Review
(d/b/a "Castaway Flooring Service,Inc.")
Janet Ramirez presented copies an updated credit report, dated September 15, 2015,
to the Board to review.
Janet Ramirez apologized for the late presentation of her newest credit report. She
stated she had difficulty making the payment to Licenses, Etc. — she lost her wallet
two weeks ago and had to set up new accounts, in addition to moving.
Richard Joslin noted her credit score had improved a bit and Chairman White
agreed.
Ms. Ramirez stated she tried to remain with the company she had been working for
but they didn't have enough work to keep her busy—working one day a week was not
enough. She moved to Collier County and began applying at several flooring
installation companies (approximately 6); she also began networking with friends and
also contacting realtors. She stated her first priority is to pay off her old debts. She
said she is "getting there" and needs a little more time. She continues to look for
work with other Contractors and says she is moving forward"slowly but steady."
Chairman White noted six items from the previous credit report still remained on
the new report. The FICO score did increase by seven points. It is approximately 80
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September 16, 2015
points below the minimum accepted threshold. He asked Ms. Ramirez to explain
why the six items had not been paid.
Janet Ramirez stated she had contacted each of the creditors since her previous
appearance before the Board in March. She attempted to establish a payment plan but
her projected income was reduced by half due to lack of work. She makes payments
whenever she has the funds to do so.
Chairman White noted some of the medical bills had been addressed.
A. I contacted Physicians Regional about the bills but I have not been able to pay
them in full.
Ms. Ramirez stated she started by paying the smaller bills first. She will move up to
paying the larger bills as her funds increase.
Chairman White stated one medical bill ($813) had been place in collection by ARS
in May, 2015. He acknowledged there had been some improvement, and understood
her request to continue her probation in order to chip away at the debts.
Kyle Lantz noted additions to the credit report, i.e., Verizon Wireless ($1,235) which
was new. He requested an explanation.
A. There was an issue with a phone that had been returned late—past the deadline.
They are still my current provider. I have kept in touch with most of my
creditors. My plan is pay the bills in portions. I am hoping that once "Season"
starts, I will be busier again as I was last year. Since I am in Collier County now,
I will have the opportunity to be here—instead of in Fort Myers—I will see a big
difference and hopefully that bill will be cleared up as soon as possible. I don't
want any of this to keep affecting that I can't work and not pay my bills because I
am very capable of doing it.
Q. Can you tell me how much you have paid toward reducing your debt during the
past six months?
A. Probably about $500 to Bank of America, SunTrust—I had a small debt with
Chase and I took care of that. I set up payment options with some of them. As I
said, it's slow moving.
Richard Joslin stated since she had made some improvement and some of the items
had been removed from her credit report, he was included to support extending the
probation for an additional six months.
Michael Ossorio noted that the County had not received any complaints concerning
the Applicant.
Richard Joslin moved to approve extending the probation period of Janet Ramirez
for an additional six months, at which time she is to return to the Board and
provide an updated credit report. If the improvement has not been sufficient, the
Board will make a determination at that time. Gary McNally offered a Second in
support of the motion. Carried unanimously, S— 0.
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September 16,2015
B. Jim E. Skelton—Review of Probation //Waiver of Exam(s)
(d/b/a "Skelton's Construction, Inc.")
Jim Skelton stated he had appeared before the Board to request an extension of his
probationary period for another six months due to health issues—his cancer had
returned. He attempted to take the Business and Law test but he was unable to
concentrate due to the chemotherapy.
Chairman White asked Mr. Skelton how much time he would need.
A. I have three months of chemo left. Chemo makes it difficult to concentrate. I
would like a little more time so I can try to take the test again. That's all I'm
asking.
When asked what type of work he did, Mr. Skelton replied that he has a framing
business, doing trim work and custom framing. He stated his business was still in
operation because his brother works for him and was running it in his absence. He
does go to his office occasionally but his brother has "pretty much been the
workhorse."All he wants to do is to keep his business going.
Kyle Lantz:
Q. You pretty much, personally, haven't been doing much work.
A. No, physically, I cannot. But I can do certain things—like run after payroll and
get supplies ... stuff like that.
Q. Do you have employees?
A. Yes—all run through a leasing company.
Chairman White:
Q. Who is supervising them?
A. My brother.
Kyle Lantz:
Q. Is he an owner or an officer or just an employee?
A. He is just an employee. But if this continues, then I'm going to try to make him an
officer—incorporating him in my "S" Corp.
Michael Ossorio stated the County would not object if the Board chose to grant the
Applicant another six months to take and pass the test.
Chairman White stated one of the things the Board expects a Qualifier to do is to be
able to supervise jobs.
A. I do go in but not all the time, especially if I'm doing my chemo rounds.
Q. I understand it's very challenging. I am assuming the level of communication that
you have with your brother is one that, if there are any issues or problems, you are
aware of them.
A. Oh, yeah.
Q. You guys work together to figure out how to fix it?
A. I talk to him every day.
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September 16, 2015
Kyle Lantz:
Q. What is your brother's experience?
A. His is right along with mine —we grew up in the construction industry and
worked together for 30+ years.
Q. So he's someone you feel is pretty competent to run ...
A. Absolutely, absolutely.
Richard Joslin:
Q. One last item. You do understand, now, that if the Board grants you another six
months—you know what has to be done, right? You have to take and pass this
test.
A. Oh, yeah. I'm going to pass it—you'll see.
Q. Okay—just so you are aware of that.
A. Yes, I know.
Richard Joslin moved to approve granting Jim E. Skelton another six-month
probationary Waiver of Exam to take and pass the Business and Law exam. He
will be granted a full license upon passing the exam. Gary McNally offered a
Second in support of the motion. Carried unanimously, S— 0.
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.)
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.
B. Case #2015-06: Board of County Commissioners vs. Antonio Galindez,
d/b/a "High Wind Aluminum Corp." (License#33352)
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 Public Hearing process is then concluded.
• After closing the Public Hearing, 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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September 16, 2015
• During deliberations, the Board members may ask for additional information
and clarification from either of 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.
o If the Respondent is found guilty, the Board will 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.
Kyle Lantz moved to approve opening the Public Hearing. Gary McNally offered a
Second in support of the motion. Motion carried, 5—0.
Ian Jackson, Licensing Compliance Officer, requested to enter the County's
information packet in Case #2015-06 into evidence.
Richard Joslin moved to approve accepting Case #2015-06:Board of Collier
County Commissioners vs. Antonio Galindez, d/b/a "High Wind Aluminum Corp."
(License #33352) into evidence as County's Exhibit#1. Gary McNally offered a
Second in support of the motion. Carried unanimously, 5—0.
Ian Jackson presented the County's "Opening Statement:"
• The County is prepared to show through documented facts and sworn
testimony that the Respondent, Antonio Galindez, violated:
o Collier County Ordinance 90-105, as amended, Section 22-201(2) by
contracting outside the scope of his competency as listed on his
Competency Card and as defined in this Article or as restricted by the
Contractors' Licensing Board, and
o Collier County Ordinance 90-105, as amended, Section 22-201(18) by
proceeding on this job without obtaining applicable permits or
inspections from the City of Naples Building and Zoning Division.
James Morey,Attorney for the Board, noted for the record, the original Affidavit
("E-5") contained in the Administrative Complaint had been notarized and filed with
the Clerk of Courts. The information packet contained an unsigned copy.
Chairman White asked the Respondent if he had any questions concerning the
County's "Opening Statement" and the response was, "No."
The Chairman then asked the Respondent if he had an"Opening Statement."
A. No, we were doing a job without a peiinit. It was not our intention. We weren't
hiding it. Our truck was parked in front of the house. Our office staff failed or I
failed to have a peiinit on the job site. I take full responsibility for my action.
Chairman White: While I appreciate, Mr. Galindez, can you tell us about the charge
of"work outside the scope?"
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September 16,2015
A. Yes, I currently have a Hurricane Shutter License. We did contract for some glass
on this particular job. One of my employees has a GC license—he's under our
payroll under the Workers' Comp and that's how we were getting the permits
through. But it wasn't— our contract wasn't under his company name—it was
under our company name. It was on the bottom, in the notes, we would put
"Installation provided by Nolen Construction." But it's not a legal way of doing
it. I mean—he's been advising me and telling me stuff that I need to do to do it
on a legal way. I can sell the job but I will have to do a separate contract for the
labor part if I don't have a current license to contract that job.
Chairman White: That would be correct. So, you are admitting the violations for
each Count?
A. Yes.
Q. I understand that you've taken the steps that seem to be necessary and appropriate
to ensure that it won't happen again ...
A. Yeah, I want to do the right thing and he guide me and told me why you don't
take ... I told him I'm going to get my employee to qualify my business through
the State of Florida. He said, "Why don't you do it yourself and go and take your
Glass and Glazing license?" So I went and got sponsored by Collier County the
day after I spoke to him in his office. Yesterday I went and took my Glass and
Glazing license test.
Q. How did you do?
A. I just got an email and I failed—62%. I answered 31 —I needed at least 38 to
answer correct and I got 31. But I know I'm going to achieve the test. I was
nervous—I didn't prepare enough. I had a couple of weeks to do it ...
Q. You are going to retake the exam and you hope to pass?
A. Yes. I will pass.
Q. I admire your confidence.
A. As far as my knowledge in the business, since I graduated from high school in
1993, and I have been doing shutters and windows. I worked for several
companies so I got my background—experience—doing it.
Q. Here's the problem I have—there's a pattern here of work done without permits
for windows and condos—what I'm saying is ...
A. This is like the second violation—I think we got caught on Marco one time ... we
had a permit for shutters but we didn't have a permit for the window part.
Q. This would be `Strike Two' and I think our Board applies what I call the
`baseball' approach—and you know what happens on the third strike. Is there
anything that you would like to add at this time?
A. Yes, I just want to ask for one more chance—to not suspend my license. I'm
running my business and trying to make a living. Give me a chance—I can just
complete my Glazing license. I just don't know if it's going to suspend m other
business—to allow me to keep working in Collier County pulling permits for my
shutter business. I want to have an opportunity to prove and do what I `gotta' do
to prove to you that I'm going to be ... and follow all the rules and not commit
these type of violations again.
Q. Appreciate that, thank you. I think we're into the "Case in Chief' with the
Respondent. Board members, do you have any other questions?
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September 16, 2015
Richard Joslin:
Q. I don't think your hurricane license has anything to do with the problem. I think
the problem is that you did the windows with no peituit.
A. Yes, I understand. I did it with no permit.
Q. Correct.
A. Which we—we went and got a permit for it.
Chairman White asked if the County had any questions to ask the Respondent.
Ian Jackson: No.
Chairman White noted the Respondent had admitted he was guilty of the violations.
He asked Ian Jackson if the County had anything further to add.
Ian Jackson: With the Respondent's admission of guilt to both counts, the County
has nothing to add.
Chairman White asked the Board members if they had any questions for the County.
Kyle Lantz inquired if the County was concerned about pulling pellnits for another
contractor.
Chairman White stated Nolen Construction was not the issue before the Board.
Kyle Lantz stated if a contractor was pulling permits for another contractor's job,
the contractor should "get in trouble." He wanted to know the issue would be
addressed by the County at some point.
Chairman White asked if Mr. Nolen was an employee of the Respondent.
Ian Jackson stated he was given payroll records which indicated Mr. Nolen was an
employee of Mr. Galindez.
Richard Joslin stated the contract for the windows could have been written under the
GC's name.
Chairman White: I think Mr. Galindez understands what is necessary to go forward
and be in compliance.
A. Yes, I do.
Chairman White asked Mr. Lantz if his concerns were addressed given the work
relationship between Nolen Construction and the Respondent, and the response was
"Yes."
Chairman White asked if the County had anything further to put on the record in
terms of the Public Hearing, the costs of prosecution, or whatever else the Board
should know.
Michael Ossorio stated the County incurred $250 to investigate each Count, for a
total of$500 in costs.
Richard Joslin moved to approve closing the Public Hearing. Gary McNally
offered a Second in support of the motion. Carried unanimously, 5—0.
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September 16, 2015
Chairman White declared the Public Hearing was closed.
Kyle Lantz moved to approve finding the Respondent in violation of Counts I and II
of the Administrative Complaint. Richard Joslin offered a Second in support of the
motion. Carried unanimously, 5— 0.
Attorney Morey noted the Respondent is the holder of a Collier County Certificate
of Competency (#33352). If after the Hearing, the Contractors' Licensing Board
finds that there has been misconduct, the Board 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 committedby 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 if the County had any recommendations concerning the
imposition of Sanctions.
Michael Ossorio referenced Page 2 of the Code Case Details Report ("E-7"):
• 26 permits were obtained; the peluiit fees were paid by High Wind Shutters;
• Total declared value: $153,783.00
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September 16, 2015
Michael Ossorio recommended imposition of the following Sanctions:
• a fine of$5,000 for Count I, to be paid within sixty days;
• a fine of$5,000 for Count II, to be paid within sixty days; and
• reimbursement to the County in the total amount of$500 for expenses
incurred in the prosecution of this matter.
He also recommended suspending the Respondent's license for a period of six
months and placing him on probation for a period of two years.
Chairman White reiterated the County's recommendations:
• Imposition of a fine of$5,000 for Count I, to be paid within sixty days;
• Imposition of a fine of$5,000 for Count II, to be paid within sixty days; and
• Reimbursement to the County in the total amount of$500 for expenses
incurred in the prosecution of this matter, to be paid within sixty days.
• If the fines and reimbursement are not paid within 60 days, the Respondent's
license will become null and void.
• The Respondent's license will be suspended for a period of six months.
• The Respondent will be placed on probation for a period of two years
following the suspension.
• During the two-year period, the Respondent must report all business activity
to the Contractors' Licensing Board Office on a weekly basis.
Chairman White expressed his concern regarding suspending the Respondent's
license. He stated the Respondent had attempted to obtain his Glass and Glazing
license, and asked if the Respondent passed his test, would the County consider
lifting the suspension at that time.
Michael Ossorio stated if the Respondent passes his test, he will then complete a full
application and petition the Board to obtain his license. The Board may decide at that
time whether or not to lift his suspension.
Kyle Lantz:
Q. Mr. Galindez, do you understand what the County is recommending for your
punishment?
A. Not completely understanding if my license going to get suspended or if I'm just
going to get a fine, or if I don't pay the fine, is my license going to get suspended?
Q. What they're recommending is a total of a$10,000 fine ($5,000 for each), plus
your license would be suspended for six months. After six months, you would be
on probation for two years.
A. So for six months, I cannot do any work in Collier County?
Q. According to their recommendations.
Q. How about pending jobs that we have permitted—I got jobs that need to be
addressed—I pulled permits and are not even done ... and I obtained the permit. I
mean ... because we have work—pending to do in Collier County—jobs that we
got contracts so the consumers—these customers `gotta' be addressed.
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September 16,2015
Chairman White: I understand your point.
A. You know, I'm willing to sacrifice and come up with the money and pay the fine.
Give me the probation and I will complete my license, and i will bring my results
from my test and I will pass it. But not completely suspend my privileges to work
in Collier County completely. You can give me the chance of— give me a
probation longer than you guys are willing to give to me. I don't care if it's two
or five years. But I need to be able to do work. I know I made a mistake—I
failed and I take full responsibility for my actions and I'm going to pay whatever
fine. But I just need to be able to have the privilege of working in Collier County
and to pull peiiuits—I can't be without action—I've got twelve guys who work
under me—I'd be stopping twelve families ... it's like the whole operation ...
Q. I understand what you are saying.
Kyle Lantz:
Q. Do you do work outside of Collier County as well?
A. Yes.
Q. Yes.
A. Most of our work—most of it is more in Collier. We do Lee and Collier.
Q. The jobs that you have done that you've sold windows in the past ... for the most
part, did Nolen pull the permits for all those jobs?
A. Yes.
Q. Would it be safe for us to assume that the 26 permits that the County talked about
for windows are all through you?
A. I'm sure some of them, they are—without looking at them .... I would say ... you
know he has done work on his own as well. But I would say, "Yes."
Q. A decent amount of them. When I consider the gravity of this --to have the
maximum fine, I don't consider this at the highest gravity. The permits were
being pulled—yes—and the contract was not in the right name. He's contracting
for work that's not being done. However, he's not just contracting for work that's
not being done in general. Obviously, he's contracted for work that he's not
licensed for in this particular job and on one other job on Marco but, in general,
he's getting petiiiits pulled and they are getting inspected. I don't find the gravity
—on a scale of one to ten—I don't find the gravity at a ten. Same thing on the
impact for the consumer—it doesn't seem like we've gotten any complaints from
consumers. I don't consider the impact at a ten either. His actions that he's taken
well, he's slowly working on—I don't know how much he's actually studied
and worked for the test. Previous violations—I mean, there's a lot of them.
Kyle Lantz summarized his personal opinion: the County's recommendations were
pretty severe and he would like the amounts of both fines cut by half; opposed to the
six-month suspension—or any suspension—but supported the two-year probation.
He felt this case was "nowhere near the extreme."
Michael Ossorio noted if the Respondent had not been licensed, he would have been
fined $2,000 for each Count because it was a second offense for each—but he was
licensed and knew since 2012 that he couldn't do what he was doing.
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September 16,2015
Kyle Lantz again stated he thought the recommendations were extreme. He cited the
difference in penalties when compared to an earlier case where that Respondent had
been represented by an attorney and received a much lighter reprimand. Four
offences were involved in the previous case.
Chairman White stated he agreed the County's recommendations were stricter than
were warranted and he would support a reduction of the amount of the fines. He
suggested modifying the six-month suspension to a denial of permit-pulling privileges
until the Respondent obtained the Glass and Glazing license. He stated the lack of the
Glass and Glazing license was a contributing factor or basis for the Respondent's
issues—having the Glass and Glazing license would effectively prevent a repeat of
the same issues in the future.
Chairman White further stated he felt the Respondent had made an effort with
respect to the corrective actions. He also understood the County's intent—imposing
such a large fine would reinforce the importance of complying with the law. He
confirmed imposing the two-year probation would ensure the County's ability to
revoke the Respondent's license should there be an issue in the future.
Richard Joslin agreed with the Chairman, stating once the Respondent obtains his
Glass and Glazing license "this will all go away because he will have the credentials
to do it all."
Chairman White reiterated by suspending the Respondent's permit-pulling
privileges instead of his license, he will still be able to complete the jobs currently
under contract and for which he did obtain permits. The Respondent would not be
able to pull permits for future jobs until he passed the test and was granted his Glass
and Glazing license by the Board.
Richard Joslin asked if any of the jobs the Respondent currently had under contract
involved glass or glazing work, and the response was, "No—only hurricane shutters."
Mr. Joslin again asked if any glass work was required to complete the jobs that were
active and permitted by the Respondent.
Antonio Galindez assured Mr. Joslin he would not touch another piece of glass until
he had his Glass and Glazing license.
Kyle Lantz asked the Respondent if he had other jobs under contract in Collier
County for which he had not obtained a permit.
A. For hurricane shutters—yes.
Kyle Lantz suggested the Respondent be allowed a period of one week to apply
for the permits necessary to complete the jobs under contract in Collier County.
Michael Ossorio acknowledged the Respondent was scheduled to appear before the
Board in October due to his probation and, at that time, could submit a list of current
and pending jobs. He stated every effort would be made "within reason"to ensure
those jobs received permits. The Respondent will be required to submit copies of the
contracts for each job which would then be matched to the permit applications. He
confirmed the County modeled its process upon the one established by the State. He
further stated the County would work with the Respondent on this issue.
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September 16, 2015
Michael Ossorio explained the County's position concerning the penalty: the
Respondent chose to accept contracts from Collier County homeowners valued at
over $150,000 knowing he was not licensed to do the work and that was just in the
County—not including the City of Naples or the City of Marco Island. The home
owners could have hired a licensed Glass and Glazing contractor but didn't because
the Respondent submitted the lowest bid. The purpose of the penalty was to deter
others from not complying with the law. The gravity of the violation was that the
Respondent was unlicensed and prevented a legitimately licensed contractor from
getting the job.
Chairman White concurred the penalty could be viewed as a cost of doing business.
Chairman White stated he understood the County's rationale concerning the
recommended penalty but it was only in the most egregious of circumstances that the
Board had imposed the maximum penalties. He continued, in the case before the
Board, there was a ready admission of guilt to both Counts by the Respondent and a
complete understanding on the Respondent's part of how things could go over the
next two years. He further stated he would support imposing a fine of$3,000 for
each Count.
Richard Joslin moved to approve imposing the following Sanctions in view of the
Respondent's admission of guilt to Counts I and II of the County's Administrative
Complaint in Case #2015-06:
• Imposition of a fine of$5,000 for Count I, to be paid within sixty days;
• Imposition of a fine of$5,000 for Count II, to be paid within sixty days; and
• Reimbursement to the County in the total amount of$500 for expenses
incurred in the prosecution of this matter, to be paid within sixty days.
• If the fines and reimbursement are not paid within 60 days, the
Respondent's license will become null and void.
• The Respondent's permit pulling privileges will be suspended for a period of
ninety days or until he takes and passes the Glass and Glazing exam.
• The Respondent will be placed on probation for a period of two years
following the suspension.
• During the two-year period, the Respondent must report all business activity
to the Contractors'Licensing Board Office on a weekly basis.
The motion did not receive a Second.
Kyle Lantz moved to approve imposing the following Sanctions in view of the
Respondent's admission of guilt to Counts I and II of the County's Administrative
Complaint in Case #2015-06:
• Imposition of a fine of$2,500 for Count I, to be paid within sixty days;
• Imposition of a fine of$2,500 for Count II, to be paid within sixty days; and
• Reimbursement to the County in the total amount of$500 for expenses
incurred in the prosecution of this matter, to be paid within sixty days.
• If the fines and reimbursement are not paid within 60 days, the
Respondent's license will become null and void.
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September 16,2015
• The Respondent's permit pulling privileges for all new jobs will be
suspended until he is issued a Glass and Glazing Contractor's License.
• The Respondent will be placed on probation for a period of two years
following the suspension.
• During the two-year period, the Respondent must report all business activity
to the Contractors'Licensing Board Office on a weekly basis.
Gary McNally offered a Second in support of the motion.
Michael Ossorio requested to amend the motion to require payment of all fines
within thirty (30) days and not sixty days.
Kyle Lantz and Gary McNally agreed to and accepted the proposed amendment to
the motion. Motion carried, 4— "Yes"/1 — "No." Richard Joslin was opposed.
Chairman White recited the terms of the Board's Order:
• In Case #2015-06, The Board of County Commissioners vs. Antonio
Galindez, d/b/a "High Wind Aluminum Corp." (License #33352), the
Contractors' Licensing Board has found the Respondent, Antonio Galindez,
guilty on both Counts as stated in the Administrative Complaint and has
imposed the following Sanctions:
o Imposition of a fine of$2,500 for Count I, to be paid within thirty
days;
o Imposition of a fine of$2,500 for Count II, to be paid within thirty
days; and
o Reimbursement to the County in the total amount of$500 for
expenses incurred, to be paid within thirty days.
o If the fines and reimbursement are not paid within thirty days, the
Respondent's license will become null and void.
o The Respondent's permit pulling privileges will be restricted; the
Respondent cannot pull permits for any new jobs until he is issued a
Glass and Glazing Contractor's License by the Contractors'
Licensing Board.
o The Respondent will be placed on probation for a period of two
years, to be effective immediately.
o During the two-year period, the Respondent must report all business
activity to the Contractors'Licensing Board -Office on a weekly
basis.
Chairman White stated the Board's Order would be put into written form and he
would sign it as soon as it was available.
Chairman White asked the Respondent if he had any questions.
A. Yes. When I provide a list of my jobs dated prior to today, I will be able to pull
those permits?
Q. That is correct, but for hurricane shutters only.
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September 16, 2015
A. Right. Any job from today over, I won't be able to get the permit until I pass my
test, submit it to the Board, and my license gets approved?
Q. Yes. Even if it's just for hurricane shutters.
A. Okay.
Q. Okay? But if it's approved, it will include glass and you'd be good to go—
assuming that we approve your application.
IX. REPORTS:
• Michael Ossorio noted an Operations Manager, Stephanie Amans, has been
appointed to oversee the Licensing Department.
• Chairman White welcomed Ms. Amans on behalf of the Board.
X. NEXT MEETING DATE: Wednesday, October 21, 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 12:30 PM.
COLLIER COUNTY CONTRACTORS'
LICENSING BOARD
_1', i
PATRICK WHITE, Chairman
The Minutes were approved by the`Committee Ch irNice Chair on 6Y/c- 1 , 2015,
/
"as submitted" I 1 OR "as amended"
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