CLB Minutes 02/17/2016 February 17,2016
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD MEETING
February 17, 2016
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: Thomas Lykos
Vice Chair: Richard Joslin
Members: Michael Boyd
Elle Hunt
Terry Jerulle
Kyle Lantz
Gary McNally
Patrick White
Excused: Robert Meister
ALSO PRESENT:
Jason Bridwell —Administrative Supervisor, Contractors' Licensing Office
Kevin Noell, Esq. —Assistant County Attorney
James F. Morey, Esq. —Attorney for the Contractors' Licensing Board
Karen Clements — Collier County Licensing Compliance Officer
Reggie Smith — Collier County Licensing Compliance Officer
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Co er County
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
FEBRUARY 17, 2016
9:00 A.M.
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
BOARD OF COUNTY COMMISSIONERS CHAMBERS
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
I. ROLL CALL:
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
A. January 20, 2016
V. PUBLIC COMMENTS:
VI. DISCUSSION:
VII. REPORTS:
VIII. NEW BUSINESS:
A. Orders Of The Board
B. Charles R. McDermott–Contesting Citation(s) 9742
C. Noel D. Romer—Contesting Citation 09739
D. Neri M. Fajardo, NGN Construction Services, LLC- Review of Experience
E. Leobardo A. Gomez, ACM Drywall Incorporated-Review of Credit
F. Troy McNabb–APEX Site And Demolition Corp– Review Of Credit
IX. OLD BUSINESS:
A. Brian Kirwan-Kirwan Painting Inc.- Review of Credit/Waiver of Exams
B. Cesar Franco, Finishing By Franco, Inc.- Review of Credit
C. Marina Reyes- Reyes Tile Service-Waiver of Exams/Review of Credit
X. PUBLIC HEARINGS:
XI. NEXT MEETING DATE: WEDNESDAY, MARCH 16, 2016
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONER'S CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
February 17, 2016
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 Thomas Lykos called the meeting to order at 9:02 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 OR DELETIONS:
Withdrawn:
• Item VIII-B: Charles R. McDermott—Contesting Citation#09742
• Item IX-C: Marina Reyes—Waiver of Exam/Review of Credit
III. APPROVAL OF AGENDA:
Gary McNally moved to approve the Agenda as presented. Terry Jerulle offered a
Second in support of the motion. Carried unanimously, 7—0.
IV. APPROVAL OF MINUTES— JANUARY 20,2016:
Patrick White moved to approve the January 20, 2016 minutes as submitted. Vice
Chairman Richard Joslin offered a Second in support of the motion.
Carried unanimously, 7—0.
(9:05—Michael Boyd arrived. Eight[81 voting members were present.)
V. PUBLIC COMMENTS:
• Michael Ossorio announced he accepted had the position as Director of the
County's Code Enforcement Division. He noted he had served as Licensing
Supervisor for the Contractors' Licensing Office for 18 years and was excited for
this new opportunity.
• Jason Bridwell was appointed as Administrative Supervisor for the Contractors'
Licensing Office.
Chairman Lykos noted, throughout the time he has known Michael Ossorio, he
admired that Mr. Ossorio always stuck to his principles "in the right way" to resolve
issues.
Vice Chairman Joslin stated Mr. Ossorio would be missed but would do an excellent
job for Code Enforcement.
Both congratulated Mr. Ossorio and wished him well on behalf of the Board.
Comments and good wishes were echoed by Patrick White and Terry Jerulle.
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February 17, 2016
VI. DISCUSSION:
(None)
VII. REPORTS:
(None)
VIII. NEW BUSINESS:
A. Orders of the Board
Patrick White 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, 8—0.
(Note: With reference to the cases heard under Section VI, the individuals who
testified were first sworn in by the Attorney for the Board.)
B. Charles R. McDermott—Contesting Citation #09742
(d/b/a"Mc Wash Home Services")
The case was Withdrawn by the County as noted on the Amended Agenda.
C. Noel D. Romer— Contesting Citation #09739
(d/b/a"Southern Property Management Group, Inc.")
Citation: #09739 ("Unlicensed Advertising")
Date Issued: January 13, 2016
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.
Noel D. Romer:
• He did not realize he was "doing something wrong"
• He owns a property management company which has a cleaning division
• He thought the wording on his business card and on his vans was incorrect
• His company obtains three estimates from various contractors for the
homeowners or the property owners. His company does not do any
contracting work.
• Since the Citation was issued, the wording has been removed from his
company's vans; the business cards and letterheads have been shredded.
• He is a small business owner with six employees.
• His company is licensed and insured with Workers' Comp coverage.
• He provided photos of the vans "before" and "after" the vans were stripped.
• He hoped the Board would recognize the efforts that were made to correct the
errors.
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February 17, 2016
• He also sought guidance from the Board concerning the correct wording for
the company's business cards and for the logo for the vans.
Mr. Romer explained if a home/property owner was not able to be on-site when
remodeling work was being done, his company would provide access to the property
for the contractors who were hired by the home/property owners.
Patrick White stated Mr. Romer's company provided "project management" services
and not"contracting" which is why his company was cited. Mr. White asked Mr.
Romer if he had corrected the violations for which he was cited and the response was,
"Yes."
Mr. White noted the Board has the option to uphold a Citation as issued, or it could
uphold the Citation and increase the penalty, or it could dismiss the Citation.
Patrick White asked Noel Romer if he wished the Board to dismiss the Citation.
A. Yes, sir, I'm asking for a little bit of lenience because I had absolutely no idea.
Patrick White noted Mr. Romer had come into compliance by removing the logos
from his company's vans as well as waited for guidance from the Board or the
Contractors' Licensing Office concerning the wording of his new business cards so
that he was not engaged in unlicensed advertising or advertising a business that was
not licensed.
Vice Chairman Joslin asked Mr. Romer how many employees worked for his
company and the type of work they performed.
A. We have a handyman division—we do light work such as hanging pictures.
We do home watch, we do residential and commercial house cleaning, and
basically just oversee a properties' well-being when the owners are not around.
Q. Your business cards and van logos also listed"general contracting" and "lawn
scapes"—did you perform that type of work previously?
A. No, sir. We did not. We oversee—the only work that we do is light handyman
services, cleaning, and property management. And home watch. The other work
is—we normally would get three estimates from contractors who might be
electrical or plumbing or general contractors and give them to the owners. They
pick the contractor—we don't make any money off that—and then we just
oversee the projects that they have going.
Q. So you"open the door" for a homeowner to pick whatever contractor they like?
A. Right and we send them pictures of the project as it's going along. They issue the
check to the Contractor once the work is finished. As far as us doing general
contracting or anything like that—we don't do it. We just organize it—I guess
that's the best way to put it or word it. I don't know.
Terry Jerulle:
Q. In the picture, did it say"general contractor" on your van?
A. Yes, sir.
Q. So you advertised as being a General Contractor?
A. It was on the van, yes, sir, but it wasn't that WE were the General Contractors.
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February 17, 2016
Q. And you went out and solicited bids?
A. No. Basically, the homeowner would say that they wanted to remodel a kitchen
so we would get three bids from licensed contractors.
Q. That's "soliciting bids." On E-5 in the documents, did you talk to somebody at
the County?
A. I talked to Jason and explained to him what we do —it was just a matter of the
wording on the business cards and the vans. We weren't doing anything really
bad ... except for the wording on the business cards and the vans.
Q. In the comments on E-5, it said that if you passed the General Contractors exam
and the Business and Law exam with a 75% or better within 45 days, the Citation
fine could be reduced to $300.
A. Right ... well ...
Q. Have you taken that test?
A. I was going to take the State test—but we don't do contracting so I don't think I
need that license. I just need the proper working on my cards because we don't
want to do contracting in general. We would just like to oversee the projects and
stuff I don't think I want to take it to the level where we are going the work.
Chairman Lykos:
Q. We have several General Contractors on the Board. You keep referencing
"overseeing work" and"securing bids"—that's what General Contractors do.
You need to be very careful about what you say you are doing and the type of
activities you are undertaking ... just because you take the wording off your vans,
if you continue to do things like overseeing projects and securing bids, you are
still acting as a General Contractor. Just because you take the words off your
vans doesn't mean that you are not doing something wrong anymore. Does that
make sense to you?
A. So we're not supposed to —we just give them to the homeowners and just let the
people in and out then?
Vice Chairman Joslin indicated it would be best to have the homeowners call the
Contractors directly and obtain their own bids so you are not involved in it. He
stated, "You being in the center of this is actually being a General Contractor because
you are making the calls to the Contractors for the homeowners. Calling contractors
and obtaining bids is in the scope of a General Contractor. You have taken on the
General Contractor role."
Kyle Lantz:
Q. What exactly is your definition of"overseeing" a job?
A. We just take pictures and send them to the owner—the owner writes the check [to
the Contractor] directly. We email them pictures of the project to show what has
been done. We don't inspections or anything like that. We just, basically, let the
people in and take pictures—and then they can take care of it from there. We don't
bill directly with the Contractors.
Q. How do you get paid?
A. We get paid by letting the people in ...
Q. Do you get paid by the hour or if someone is in there for eight hours, do you get
paid a percentage of what they are doing? Are you being paid so much an hour?
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February 17,2016
A. We get paid by the hour. Normally, we are not there while the project is going
on. We don't "babysit" if that's what you are asking. We let them in—in the
morning—and in the evening, we lock the doors. We take pictures and send them
to the owners. That's basically what we do. Afterwards, we will go in and clean
if the owners pay for it. As far as "overseeing" the project, no, sir, we don't do
anything like that. We just take snapshots and send them to the owners. The
owners write them the checks directly. Checks do not go through my company at
all. The only way we get paid is—we charge $55.00 to let the people in and when
we have to go back and lock up, we charge $55.00. As far as overseeing the
project, or babysitting, or knowing anything that's going on, we don't.
Patrick White:
Q. When you solicit a bid, it's from a subcontractor—it's not from the General
Contractor?
A. It's from General Contractors.
Q. Do you know the difference between a General Contractor and what we call a
"subcontractor"?
A. Yes, sir. I think the General Contractor is over all and the subcontractor is like a
plumber or an electrician.
Q. Okay. It sounds as if your job is to email or call one of the G.C.s, tell him/her
about the property and what the property owner wants, and ask him/her to prepare
a proposal. You then take—what??—the best three proposals out of some number
or ...
A. No, sir, we give them [the contractors] the owners' infouuation and ask that they
email it [proposal] to them and they will contact you directly. They pick the
contractor and do everything ... we are not involved with a percentage or
anything. They go directly through the owner.
Q. You're like a telephone operator in a way, I guess. You kind of make a
connection but you're really not involved.
A. Because they [the owners] don't know good contractors so what we do is to get
four or five good contractors who have been stable in Collier County and they
deal directly with the customers—emails—
Q. Do you see the bids or proposals?
A. We do not see the bids—they go directly to the owners.
Patrick White stated it did not seem that Mr. Romer's company was soliciting in the
sense of a property owner. He further stated Mr. Romer was "on the right side of the
law."
Elle Hunt stated Mr. Romer was functioning as an agent of the owners.
Mr. White agreed, stating he did not think functioning as an agent of an owner
required a license.
Chairman Lykos stated the intent may be that he was acting as the owner's agent but
also expressed concern that Mr. Romer may cross the line from time to time.
Patrick White further stated he had two areas of concern: one is about the
relationship that Mr. Romer has with his clients and with any contractor who you put
them in touch with—and you need to be very precise about your conduct. The other
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February 17,2016
area is your company's handyman division and recognizing you signed a document
that is very specific about what you cannot do.
A. Yes, sir—it's in all my company vehicles and everybody is aware -- that we do
not do things like that.
Q. And although you have come close to "putting a noose around your own neck,"
you have not ever truly done that—you have exhibited your intent to stay on the
correct side of the law. If you wanted to be a G.C. you should take the test—I
don't know that you need to do that to do what you are doing as an agent of a
property owner but if it is something that you want to do, it would insulate you in
a way if you wanted to have those relationships with subcontractors—you would
be in a position to do so. The hurdle you are looking to clear is pretty high in
terms of experience and my guess is that, even if you passed the exams, you are
probably not going to meet the experience requirements—it's not for the faint of
heart. I commend you for coming in here today and trying to make sure your
business card and ads are "legit." I think that's the kind of folks we want working
in the County, at least from a consumer's perspective.
Terry Jerulle:
Q. Is that your signature on E-14?
A. Yes, sir, it is.
Q. One of the first items on there is "Contractors" — General Contractors—of the
things you cannot do.
A. Yes, sir. And I feel that we don't do ...
Q. But after you signed this, you put"General Contractor" on your van.
A. On the wording of it, yes, sir.
Q. That's what I'm having a hard time with.
A. When I went to the County on the things that are down there, you know,that's the
things that we help organize or whatever for the owners. And I didn't know that
it was also for advertisement.
Q. Well, you signed the paper that you cannot be a General Contractor and then you
went and put it on your vans. And that's what I'm having a hard time with.
Patrick White: I don't think there's any issue that he knows he broke the law.
Noel Romer: I know I made a mistake but at that time, I didn't know what the law or
how it read or anything. And that's why I'm here today to ask . . .
Patrick White: I think Mr. Jerulle's point, if I may, is that it would have been
obvious that when you signed that document, it said "Don't do General Contracting."
So if you advertised"General Contracting," you definitely put the noose around your
neck. That's his point and I think he is absolutely correct. From my perspective, I
believe you understand that now and some of the lesser things in teems of what
licenses are required for what you can and cannot do.
Noel Romer: And I do understand that now—at the time, I did not understand. And
I am here today to figure out what wording so I don't have to spend another $4,000
because I had all the vans stripped and everything because I didn't realize what was
happening until this came.
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February 17, 2016
Vice Chairman Joslin:
Q. When you do the handyman services that you do for property maintenance and
you have six employees, do you go with them or just send them to the address?
A. No, sir, I'm usually on the job, too. We have three cleaning girls and I don't
necessarily go with them but the two handyman guys —we are usually working
together.
Q. So you are one of two?
A. Three—there are three of us together?
Q. And what happens to the other three?
A. The other three are cleaning girls. And my fiancé usually overlooks them to make
sure the job is getting done right for cleaning and stuff.
Chairman Lykos: To Mr. Jerulle's point, if you continue on in the direction that Mr.
Jerulle was going, you have "lawn care" listed on your business card and landscaping
is specifically listed as excluded what you can do. You have "pools" listed on your
card and your signage. Swimming pools are specifically excluded on your list. There
are at least three items—so after you signed the document saying what you cannot do,
you went out and produced business cards and signage with at least three things
specifically that you had acknowledged you could not do and then put them in your
advertising.
Noel Romer: Yes, sir.
Chairman Lykos: I know that you are aware of it, and you have corrected it because
you were caught doing it. One of our options is to waive the Citation. But, in
deference to Mr. Jerulle's point, it looks like you didn't put much effort into not
stepping over the line. You had a list of what you couldn't do and then you put three
of those things on your advertising. Either you were ignorant of the document that
you signed or you intentionally listed items that you knew you couldn't do but you
listed them anyway because maybe there was a demand for it or your clients were
asking for it, so you decided it was a good idea to list them.
Noel Romer: My intentions are the time were that we would help organize these
things and that's why I said the wording was wrong and when it did come about, I
asked how can I word it so that they know we just let the people in—we don't deal
directly with the contractors and I truly did not know I was making a mistake like that
until this came up. By all means, I did not know—that's why I stripped the vans and
shredded the business cards, letterhead—everything is gone. The t-shirts—my
employees are not even in shirts right now—they are in regular t-shirts. I took all of
the company shirts and got rid of them. I didn't print them yet because I wanted to
know the right way and that's why I'm here ... to know the right way because I don't
want to be in the wrong. That's why I'm here asking for lenience to guide me in the
direction ...
Patrick White: Two things. One—I appreciate your clarifying what your intention
was. I think it's the proper thing to be doing for you. The second thing is—it is not
our job to provide you with that advice. You can, of course, work with Staff and
show them an example that you think works from your end and see whether they
think it works from their's. There is a"give and take"that will take place during that
conversation. But as far as this Board goes, we can give you some suggestions but
that's my opinion and not the Board's—that's not our job. I appreciate your coming
and asking but that is between you and the County more so than us.
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February 17, 2016
Patrick White: Let me take a guess on how you got here. An unsigned, no return
address envelope [containing your business card] was sent to the County and is an
indication the sender was probably a General Contractor or a Pool Contractor or a
Landscaper or any of the licensed contractors who saw your vans and your cards and
said you are cheating. You were competing against one of them in a way where there
was not a level playing field. My guess is whomever that was -- and there is probably
more than one. You need to get the line right on what is on your cards because you
don't want somebody mailing another one in.
Noel Romer: No, sir, I agree—that's why I am here.
Chairman Lykos:
Q. How many vehicles do you have?
A. We have two company vans and we had magnet signs on my truck and my
fiancee's .
Q. And the company vehicles—were there painted signs or magnetic signs?
A. No, they were letters that were stuck on.
Q. And how much do you anticipate it will cost you to have the signs corrected on
your vehicles?
A. Just to have them removed, it cost me $2,200 and then to have them redone
properly is—it was $1,500 a vehicle last time.
Q. So it will be about $3,000 to have the new signs on the vehicles?
A. Yes. And it cost me $2,200 to have everything removed and cleaned.
Q. So far you are roughly $5,500 into this—assuming you will put new signage on
your vehicles.
A. Yes.
Q. Then you said you had company shirts?
A. We had t-shirts—everybody turned in their company shirts and they have been
destroyed.
Q. What do you think it will cost you to get new company shirts?
A. When I ordered twelve, it cost me $280.
Q. How many shirts are you going to buy altogether?
A. Normally, we give each employee four to five shirts.
Q. So you will buy a couple of dozen— so you will have approximately $600 in
shirts. Right?
A. Yes, sir.
Q. And then you have to have new business cards made—what's that going to cost
you?
A. About $40 or so.
Patrick White:
Q. Do you advertise on the web?
A. No, sir.
Chairman Lykos:
Q, And you have to have new letterhead made?
A. We have to have new letterhead and everything. Right now, we're just using our
name, Southern Property Management Group, Inc. And the magnet signs—we
have them but they are not on the vehicles. It would be a little cheaper to just
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• February 17, 2016
cover the old signs. They ae in the office waiting to get them recovered once we
figure out how to word it properly so we are not stepping over the line or doing
something that we are not supposed to.
Q. If I round up, you will end up spending about $6,000 to correct your advertising
mistakes?
A. Needless to say, yes, sir.
Q. Okay. I wanted to have that on the record and to make sure that the Board
understands the financial consequences to this point.
Elle Hunt:
Q. In regard to your contract with your clients—the homeowners.
A. Yes, Ma'am.
Q. In your contract, does it state anything to you acting as an agent with other
vendors for that client?
A. No, Ma'am.
Q. So how do you handle the management of vendors for your clients?
A. If we're doing property management, of course, we oversee the pool company
that comes in.
Q. Where is the contractual obligation between your client and you to manage those
vendors as a project manager? Are you saying that you do that outside of the
contract?
A. No, Ma'am. We don't normally have a contract with the owner. I don't really
understand the question.
Q. So when you contract with me—say I'm going to have you manage my house—
do we have a contract?
A. No, we don't sign a contract. We just charge for doing two visits to check on the
house while you are out of town—it's usually $55.00 a visit.
Q. It's per visit or per instance? A service oriented versus a ... a"per service" versus
a contractual relationship?
A. Right. There's no contract. We would go, say, once a month and if we see that
the pool is dirty, we would call the owner ...
Q. Okay. It's like a menu item and they pick things that you will do for them and
they will pay you per instance?
A. Yes.
Q. Okay.
Vice Chairman Joslin:
Q. I'm having a having a hard time trying to digest this. With the number of years
that you have been in business ... I am reading page E-11 ... the opening date of
your business was in May, 2013?
A. That sounds about right.
Q. And on that opening date, you signed the document that told you what you could
and could not do. You signed it in probably good faith. Knowing all the while
that there were things that you could not do—I am having a hard time
understanding why you would put them on your vans. And then for the next three
years, keep them on your vans until you got caught. I am wondering about the
number of people that you took care of who know this now and don't need to look
at your van anymore. They can just call the office ... and your office people may
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February 17, 2016
not know. Or you may not know and are still providing them the services. I am
having a hard time trying to understand what to do as far as the vote goes. I am
almost at the point where I think you definitely violated the law. I understand that
you know now what to do and then you come before the Board now asking us
what to tell you to do. But, again as Mr. White said, that's not our job. You
should have done this back in 2013 and not waited until 2016 to try putting your
business back together again concerning what you can and can't do with that
license that you have. I am ready to make a motion.
Chairman Lykos asked the members if there were any other comments or questions.
He asked James F. Morey, Attorney for the Board, to read the pertinent portion of the
County's Ordinance into the record.
Attorney Morey:
"If a person who was issued a Citation or his/her designated representative,
shows the Citation was invalid or that the violation had been corrected prior
to appearing before the enforcement or Licensing Board, the enforcement or
Licensing Board may dismiss the Citation unless the violation is irreparable
or irreversible."
He continued: If the Board does not dismiss the Citation and finds that a violation
exists, the Board can order the person to pay a civil penalty not less than the amount
set forth in the Citation but not more than $2,500 per day for each violation.
"In determining the amount of the penalty, the Licensing Board shall
consider the following factors:
• The gravity of the violation;
• Any actions taken by the violator to correct the violation, and
• Any previous violations committed by the violator."
Patrick White moved to approve dismissing Citation #09739 based upon: (1) there
was no evidence of any prior violations; (2) there was no intent to violate; and(3)
the gravity of the violation was impermissible advertising. The nature of the harm
was minimal. Elle Hunt offered a Second in support of the motion.
Motion failed, 3— "Yes"/5— "No." Kyle Lantz, Chairman Lykos„ Vice Chairman
Joslin, Terry Jerulle, and Michael Boyd were opposed.
Discussion ensued concerning Roberts Rules of Order and the necessity of a second
motion.
Vice Chairman Richard Joslin moved to approve upholding Citation #09739 with
no additional fees other than the $1,000 fine. Kyle Lantz offered a Second in
support of the motion. Motion carried, 6— "Yes"/2— "No." Elle Hunt and Gary
McNally were opposed.
Chairman Lykos advised Mr. Romer to contact the Licensing Supervisor to discuss
payment of the fine and to obtain clear direction concerning exactly how future
advertising should be worded.
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February 17, 2016
Patrick White noted while Mr. Romer may still have time to reduce the amount of
the fine by applying for a General Contractor's license, it might be easier to "just let it
go."
Noel Romer stated he had done everything he could to correct the violation but did
not receive any leniency "whatsoever" from the Board. He noted he spent a great
deal of money to correct things.
Chairman Lykos reminded Mr. Romer it was his responsibility to understand the
law as well as follow the law. If a person takes the responsibility of becoming
licensed or operating a business, ignorance of the law is not an excuse for breaking
the law.
Discussion ensued between Chairman Lykos and Patrick White concerning the
Board's decision.
• Mr. White expressed concern that the decision did not encourage or
incentivize anyone to come into compliance prior to the Hearing.
• Chairman Lykos noted there was no way Mr. Romer could have mitigated
2+ years of unlicensed advertising.
D. Neri M. Fajardo—Review of Experience
(d/b/a"NGN Construction Services, LLC")
Neil Fajardo stated he was appearing before the Board to obtain his Tile and Marble
(Specialty) Contractor's license.
Jason Bridwell:
• Mr. Fajardo was unable to show 24-months of tile and marble installation
experience.
• There was only Verification of Experience reference which was from
"Concrete Creations, LLC" which is not necessarily a tile and marble
company.
Vice Chairman Joslin questioned the Applicant:
Q. Your only Verification of Experience came from "Concrete Creations, LLC." Is
that true?
A. Yes, he knows me—the owner knows me for several years.
Q. And that statement says that you do tile and marble setting for pools. Correct?
A. Correct.
Q. Is that all you do for tile and marble or do you do homes also?
A. No, I've been doing pools and bathrooms as a helper. My real job is doing
drywall and stucco. But after the economy went bad in 2008 and 2009, I started
working with tile for pools. I started and kept working on that since almost two
years ago. When I worked for the company, they were to give me the experience
letter.
Q. Are they a licensed contractor to do pools?
A. Yes, they are a big company.
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February 17, 2016
Mr. Fajardo stated he left Concrete Creations with two other men who began their
own company. They were teaching him tile installation and encouraged him to obtain
his license. He was told they would give him contracts for work as soon as he
became licensed. After he Mr. Fajardo passed the test, they refused to give him the
experience reference letter because they feared he would take their crew with him and
work for other companies.
Mr. Fajardo stated Mr. Patten, owner of Concrete Creations, LLC saw his work on
other jobs and offered to write a reference letter.
Chairman Lykos:
Q. What we need to verify is that you have 24-months experience installing tile and
marble. Can you tell us how many months or years you have personally been
installing or supervising the installation of tile and marble?
A. Yes—three years.
Q. So for three years, you have personally been installing tile and marble?
A. I started helping the installers and then after one year, I started installing tile. I
have 24-months—yes ... it's installing tiles—correct.
Q. And you personally installed the tile?
A. Yes. I did it.
Q. And in what kind of installations—in homes—in commercial buildings?
A. Most was pools. In pools that I got—the waterline around the pools and planters,
and a couple of bathrooms.
Q. So you think for about the last two years, you have been installing tile—waterline
tile in pools and tile on planters and those kinds of things—inside—all related to
the pool area?
A. Yes. Yes.
Q. Okay. Thank you.
Patrick White asked if Staff could read the actual Scope of Service, as well as the
length of time, for this particular contractor.
Jason Bridwell referenced Section 22-162. — "Definitions and Contractor
Qualifications" as follows:
(45) Tile and Marble Installation Contractor requires 24 months
experience, a passing grade on an approved test, and a passing grade on a
Business and Law Test, and means those persons who are qualified to set tile,
marble, and stone.
He continued, his experience for tiles is for pools—not necessarily inside a house—
while the tile and marble license that Mr. Fajardo applied for is for all tile and marble.
Chairman Lykos:
Q. Mr. Fajardo, have you done tile or marble inside a bathroom?
A. Yes.
Q. Bathroom floor?
A. Yes—walls and floors.
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February 17,2016
Q. What about showers?
A. Yes.
Q. Have you done mud-pack on a shower floor?
A. Yes.
Q. Have you done shower curbs?
A. (Applicant shook his head to indicate "no.")
Q. No. Have you done shower seats?
A. No.
Q. Have you done tile on a shower wall?
A. Yes.
Q. Okay.
Elle Hunt:
Q. So when you started, tell me when you first started doing this tile work. Tell me a
month and a year, and tell me what that first job was.
A. Oh, I was in Miami in 1990—
Q. You said about three years ago—so two or three years ago when your first started
doing it full time. Explain to me that first job and exactly what you did.
A. Oh, we started ...
Q. When was this first?
A. It was 2012.
Q. It was 2012 —okay.
A. It was a pool. I just was looking for work—there was not much work in those
days for the drywall—just a few jobs around. So these guys called me and asked
me if I could do the pool because nobody likes the sun out there—it was 100°.
Q. It was in the summer time?
A. Yes. And that's why I said yes—there's a lot of work and I want to be involved
in this kind of business because there's always work.
Q. So that was the first job. Now, your last job—when was that and exactly what did
you do?
A. Oh, we do some planters around the pools here in Naples for this company. Yes.
And that was it—my last job. It was tile work outside of the house.
Q. So what did you do exactly?
A. Umm ...
Q. Your job, specifically.
A. Oh, it was a new development.
Q. That planter work—your last tile job—what exactly did you do? Not the team as
a whole—just your job.
A. Square the planters and install the tile and finish the job to make sure it was
installed perfectly and sealed properly and that the customer agreed.
Terry Jerulle:
Q. May I ask why do you want the license?
A. I want the license because I want to be involved in the contracting and make sure
there is liability insurance for the customer. I want to make sure the customer is
happy and I have a contract.
Q. Who is going to be your customer?
A. Anybody who wants work done.
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February 17,2016
Q. So you want a license to do tile work in pools and inside the homes?
A. Yes—no —not going to do too much inside the homes but if I have to, as long as I
have the proper license, I should do it. But mostly, I will work as a subcontractor
for swimming pool contractors.
Q. Okay. I think through your testimony, you have enough experience to be a tile
installer for swimming pools and exterior work. But what we're trying to get to is
what experience you have for inside the home.
A. Experience for inside the home—I worked as a helper since 1999. To work inside
the house, I know how to do the layout and the proper way to install tiles inside
... level the floors.
Terry Jerulle asked if the Board could grant his application for a license but restrict
it in some way.
Vice Chairman Joslin stated there was a company that could test Mr. Fajardo's skill
level and if he passed, he could install tile and marble but only for swimming pools,
working for a certified pool service company or a pool construction company. But he
could not approach homeowners on his own or work for a General Contractor on his
own—only for a pool company. He stated he would give the information to Mr.
Fajardo. He was concerned that if Mr. Fajardo were working on a pool and the client
asked if he could also tile a bathroom, Mr. Fajardo would probably want to do.
Michael Ossorio clarified the Board could issue a restricted license and limit the
Applicant to tile work done outside, i.e., only in pool and patio areas. He noted there
are testing facilities for pool companies that will test him and give him a specialty
license restricted to interior finishing of a pool. He stated he would provide the
information to Mr. Fajardo.
He confirmed the Codified version of the Ordinance does allow for the issuance of
restricted licenses. He stated Mr. Fajardo could obtain a specialty license through the
State of Florida's Department of Business and Professional Regulation ("DBPR") as
a Pool Finishing Contractor which would allow him to work for Pool Contractors.
Patrick White asked Staff if there were any permitting regulations regarding the
installing of pool or marble to a pool.
Jason Bridwell responded a permit would be required for tile installation on a
commercial pool.
Michael Ossorio confirmed permits were not required to refinish/refurbish a pool for
a single-family home. For a commercial property, a building permit must be obtained
through the Health Department for a commercial pool.
Mr. White expressed his concern. He stated if a peimit were required, it would be
another component to enforce the restrictions placed on the license.
Chairman Lykos noted if there was a State license that allowed Mr. Fajardo to do
what he had experience in and was most comfortable doing, it would be the best
option.
Patrick White agreed but noted he wanted to give Mr. Fajardo some options for
outdoor work, for example, to be able to tile a lanai.
Chairman Lykos stated he was concerned about waterproofing issues inside a house
and proper installation methods—not questioning his quality of work. If the
Applicant's experience is in pool finishing/planters and working outside the house—
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February 17,2016
and the State offers a specialty license that allows him to do that—it is the option the
Board should give him.
He further clarified, the Board would not approve a restricted license but would
recommend to Mr. Fajardo to apply to the State for a specialty license as a Pool
Finishing Contractor.
Elle Hunt: I thought we were discussing the option of leaving it up to Mr. Fajardo if
he wished to request an outdoor, restricted license from the Board if he wanted to do
something more than just pools, like lanais or planters as Mr. White suggested, or
whether he wished to stay with just pool work. I think that is still a question that he
has not answered.
Chairman Lykos: And before he answers that question, how do you treat an outdoor
shower?
Elle Hunt: Oh, I agree, because the shower thing is a problem for me as well.
Chairman Lykos: So by having our conversation—and the Applicant can hear our
conversation—he'll have direction as to what he might be asking for. I have concerns
about outdoor showers, pool bathrooms, and how do we make sure that allowable
work doesn't overflow into a grey area.
Vice Chairman Joslin: Just so you are aware, Elle, the tests that I do perform covers
everything on the outside —on the pool deck, including planters. But it does not
include a shower. Showers and bathrooms are part of the external house.
Chairman Lykos asked Mr. Fajardo if he understood the conversation.
A. Yes, I understand.
Chairman Lykos: What we are recommending is that you obtain an alternate license
from what you have asked from us. This license allows you to do work inside and
outside and showers and floors as well as work with tile and marble and stone. The
alternate license that Mr. Joslin has recommended is for pool finishing which allows
you to do tile, marble and stone on areas related to the pool—the pool deck, pool
planters, and the waterline tile.
A. That's perfect.
Chairman Lykos: I want to make sure you understand because the Board will vote
on whether or not to give you this license completely or give you a restricted license.
But we need you to clarify for us whether you want to ask us for a full license to do
tile and marble, or a restricted license to do tile, marble, and stone outside, or do you
want to apply for the license that Mr. Joslin recommended?
Patrick White: I think there's one other option, Mr. Chairman. If you want to do
interior work, you have the option today to ask us to table this request to a later
meeting and to come back with more evidence from other people you have done
construction work for where you have done interior work as well. If you have been
doing this since 1990, you may have people who you can go to who can show that
you did interior work for a period of 24-months. If you don't have that, what the
Chairman has said is probably your best set of options. You can always try to
demonstrate that you have the 24-months of complete experience that we need to
have.
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February 17,2016
Neri Fajardo: I just want to keep working on the work I have been doing. I will go
to the restricted license that they suggest—just the pool area and around—anything
concerned to the pool area. That's all. I don't want to do the interior tile work. I
pick the pool area.
Patrick White: The concern I have is the Board being able to enforce it— a
restricted license.
Chairman Lykos: Let me clarify the language.
Patrick White: The idea is you can do those things but under a Pool Contractor if
you take the DBPR test, pass it and get that license. That's the Department of
Business and Professional Regulation for the State. It's not us. In order to go that
route, you could withdraw your application from us today or you could take a chance
that if you really want a restricted license that this Board may approve it. But it may
not.
Chairman Lykos: To reiterate, one option you have is to ask for a full tile and
marble license—inside and outside. The second option is to ask for a restricted tile
and marble license where we would restrict you to only outside work. The third
option is you take your application back—we give it back to you—and you get the
other license which is just for the pool areas. Those are the three options that we are
recommending. Mr. White gave you a fourth option which you have shaken your
head at as not your intention. So, the three options: Number one, get a tile and
marble license for inside and outside. Is that what you want? (Applicant shook his
head as "no.") Number two is a restricted tile and marble license which we would
limit you to outside the house—not inside.
Neri Fajardo: Yes, that one.
Chairman Lykos: Okay. The third is a license where you work on pools only.
Vice Chairman Joslin: Anywhere in the State of Florida.
Patrick White: You do understand that the pool means the planters and ...
Chairman Lykos: ... the waterline tile,planters, and the pool deck.
Neri Fajardo: Yes, but the second option includes pool area and planters, too.
Right?
Chairman Lykos: Correct.
Elle Hunt: And it also includes outdoor bathrooms and showers.
Neri Fajardo: Oh, I'd better go to the third option.
Several Board members concurred it was the best choice.
Chairman Lykos: What you need to do is to ask us—would you like to withdraw
your application?
Neri Fajardo: Yes.
Chairman Lykos: Okay. To be clear—you are asking us to withdraw this
application so you can apply for the other license as a Pool Finishing Contractor?
Neri Fajardo: Yes.
Chairman Lykos: Okay. Understood. May I have a motion from the Board?
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February 17, 2016
Patrick White moved to approve the Applicant's request to withdraw his
application. Elle Hunt offered a Second in support of the motion. Carried
unanimously, 8— 0.
Vice Chairman Joslin: Just so you know, I will give you the test at some point. Mr.
Ossorio and Mr. Bridwell have all the infoimation. Bring your application packet
with you because I will need some information from you. It is a State-certified test
and, if you pass it, you will be able to work anywhere in the State of Florida. You
will be able to hire employees, if you'd like. It's just like having your own little tile
company for pools.
Chairman Lykos thanked Mr. Fajardo for his time and wished him good luck.
E. Leobardo A. Gomez—Review of Credit
(d/b/a"ACM Drywall Inc.")
Leobardo Gomez stated he was appearing before the Board to obtain a Drywall
Contractor's License and for review of his credit report.
Jason Bridwell explained Mr. Gomez application had been referred to the Board due
to his credit history.
Chairman Lykos referred to a letter provided by Mr. Gomez in which he stated he
had a plan to pay his debt and asked him to explain his plan to the Board.
Leobardo Gomez explained he didn't know how to include the information on his
application and that he has problems writing in English. He stated during the past
two years, he made a commitment to pay his creditors and is still working on it. He is
currently working for PSC, LLC as a supervisor.
It was noted the credit report which was from one of the three major credit reporting
companies did not contain a FICO score but there was a statement under"Model
Profile"—"FICO Classic 04: not scored: insufficient credit."
Patrick White said it was the first time he had ever seen a credit report that did not
give a FICO score. Usually, 800 is really good and 400 is not great.
Chairman Lykos noted the State has set a minimum standard and if an applicant
does not meet that number—if the score is below the State's number—the applicant is
required to appear before the Licensing Board to explain what was being done to
increase the credit score. Because Mr. Gomez credit report has no score at all, we
don't know if he is a high credit risk or a low credit risk or how much work is needed
to meet the minimum standard. He stated there were some items that had been placed
for collection but they were relatively small numbers.
Leobardo Gomez stated he had letters from some of his creditors verifying payment.
He did not realize he should have provided that information to the Board.
Chairman Lykos explained the information would have been helpful, especially if it
had been provided to the Board in advance so the members would have time to
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February 17,2016
review it and could ask specific questions. The Board will consider an applicant's
testimony but the documentation to back up the testimony would have been valuable.
Patrick White noted the dollar amounts of the debts Mr. Gomez owed were not
overwhelming. He asked Mr. Gomez if he had contacted all of his creditors.
A. Not all of them. When I made a commitment to them, I contacted two at a time
and then I started paying.
Patrick White suggested Mr. Gomez review the creditors identified by "09" and
asked him to explain in writing what he was going to do for each of them and to
return to the Board with supporting documentation at a later date. Mr. White advised
Mr. Gomez to also infona the Board about the payment arrangements he had already
made. He further noted Mr. Gomez' business credit was not very good and he was
reluctant to rely on that. Mr. White stated the Board was looking for a plan from Mr.
Gomez concerning how he was going to correct his past debts on his personal credit.
He continued that Mr. Gomez should aim for a FICO score of 660. In his opinion,
Mr. Gomez' score would probably be in the very low range given the number of
items in collection, and the very few items that he actually paid on time.
Leobardo Gomez stated the last time he checked his credit, his score was 595.
Mr. White suggested Mr. Gomez contact Merit Credit to ask why his FICO score
was not included on the credit report. Mr. Gomez could also consult another credit
reporting agency—there are three major credit reporting agencies— and pull a new
report before he returned to the Board. He further stated the business plan itself was a
good plan, but the Board wants to see a payment plan that addresses how he will pay
his debts. He noted if Mr. Gomez was advised he had a FICO score of 595, he should
contact that specific agency for an updated credit report.
Vice Chairman Joslin noted Mr. Gomez had recently moved to Florida from Nevada
where he had obtained his license as a Drywall Contractor and that his business
opened in 2014.
Mr. Gomez stated he has lived in Florida for almost three years.
Kyle Lantz questioned Mr. Gomez:
Q. Who wrote your business plan?
A. I did.
Q. You did the financial projections—the profit and loss projections at the end of it—
and the projections of your expenses.
A. I got help on that but, basically, I did it.
Q. When I looked at it, I thought this guy is going to go out of business tomorrow.
For the first year, you projected sales of$15,595?
A. No, that's not what I projected. Honestly, I didn't understand too much about this
stuff. But when I got help with this, they asked me questions and helped me to
figure out how this works. The $15,000 was one of the jobs that I had done in
Nevada.
Q. That's one job and you feel that if you do a$15,000 job, you'll come home with
almost $2,700. It appears to me that you plan on doing $15,000 in a year and you
have some payroll. But five pages later, it tells me you have salaries every year of
approximately $140,000.
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February 17,2016
A. I was projecting $250,000 a year to survive, pay the bills, and pay down the debts.
I need to make $250,000 in the first year to grow the business and pay the bills.
Chairman Lykos stated if Mr. Gomez' starting number was $250,000, he needed to
go back to the beginning pages of his financial projection and put the $250,000 in as
"Year One Sales" and not the $15,000. He should then calculate his costs and
overhead, expenses and gross profit based on the $250,000 in sales. Year Two Sales
should be $265,000. To Mr. Lantz' point, if you are going to provide this to the
Board, make sure your figures are correct. If you don't understand it, we are not
going to let you start a business. It is very important.
Leobardo Gomez: Yeah—what I thought it said was what I had done in my first
year. I put what I made and what my costs were—that's what I thought I had to do.
My projection is obviously not $50,000 because I'm not going to survive.
Patrick White stated if Mr. Gomez compiled a list of his debts and explained what
he had done to pay some debts, and how he was going to pay the remaining debts—
that is what really matters. If you operate your business in the same way that you pay
your bills ...
Leobardo Gomez: So my testimony is not enough, I have to bring the papers, right?
Patrick White: Yes. The "Business Plan" is to show us that you have the capacity
through the income that you will earn to pay your bills. But without a "Payment
Plan," we don't know if you will be able to clean up your credit. That's why you are
here because your credit is bad. That's what the credit report shows. But if you have
a FICO of 595, you are closer and could do okay. But we don't have the paperwork
which is important.
Leobardo Gomez: Do I have to break down the report to show my last score? I
have to bring the papers to show how much I paid and the commitments that I made.
Patrick White: That's very important. The other thing—your company is registered
with the State of Florida as a"foreign" corporation. You may want to "domesticate"
the corporation to Florida if you intend to do business here. The people who helped
you with your business plan should understand that term.
Terry Jerulle noted Mr. Gomez still had a State of Nevada drivers' license.
Patrick White: If you create a new Florida corporation or you domesticate your
Nevada corporation to Florida, you will not need to have a Nevada license.
Chairman Lykos: Based on all the information you have heard today, if I were a
gambling man—I would bet that you are not going to get a license today. You do
have a couple of options. One is to allow us to vote on your application packet as it
is. The other option is to ask to withdraw your application and prepare the
documentation that various people on the Board have asked you to prepare. If you
can get that done by our next meeting, then assuming your credit score is as good as
your said it is, especially if you simply your business plan and focus on the payment
plan, my guess is that you will be more successful in a month from now than you will
be here today. But it is your choice.
Leobardo Gomez: I am going to take the second option, definitely. My question is:
I have been paying for Workers' Compensation and General Liability insurance for
my company—it's a lot of money that I have to pay every week.
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February 17,2016
Chairman Lykos: That's a good point. If, by chance, your credit score is high
enough, the Licensing Supervisor can approve your license application and you will
not need to come before the Board again. But because the credit report does not show
that kind of score—the only reason why you are here is because your credit report did
not meet the minimum standard. But if you can show the Licensing Supervisor that
your score meets the minimum standard, he can issue a license to you immediately.
Mr. Gomez asked if the minimum was 660 and he was informed the number was
used as a guideline. Even with a higher score, if there were a number of large unpaid
debts, it might be an issue.
Vice Chairman Joslin noted if Mr. Gomez could produce a verified credit report
with a score that was close to 660, the Board could consider issuing a probationary
license to him for a period of time which would allow him to work.
Chairman Lykos confirmed the Board issues a number of probationary licenses to
applicants who are moving in the right direction as long as there is proof they are
moving in"the right direction."
Patrick White reminded Mr. Gomez to include any paperwork that showed he had
made prior payments.
Chairman Lykos asked Mr. Gomez if he wished to withdraw his application and his
response was, "Yes, I will come back."
Patrick White suggested tabling the case until next month and Chairman Lykos
concurred.
Patrick White moved to approve continuing deliberation of Item Number VIII-E,
"Leobardo Gomez—Review of Credit,"until the Board's next meeting. Kyle Lantz
offered a Second in support of the motion.
Discussion:
• Chairman Lykos noted if the Board tables his case, Mr. Gomez will not
receive a decision until next month but if he withdraws his application and can
prove his credit score meets the minimum standard, he could have his license
tomorrow.
• Patrick White thought it was very unlikely that Mr. Gomez FICO score
would approach 660, even with documentation of prior payments. He
explained to Mr. Gomez that if his application is "tabled," he must return to
the Board next month. However, if he can show proof of an improved score,
he can submit his paperwork to the County at any time and may be issued a
probationary license.
• Leobardo Gomez stated he thought the County would send him back to the
Board even with an improved credit score.
Mr. Gomez received advice from several Board members but it was stressed that he
produce a payment plan to support his claims of previous payments, as well as
simplifying his Business Plan and revising the projected income figures.
• In response to Mr. Jerulle's point about an existing business credit report, Mr.
White concurred it did exist but it was not very good. Also, the State shows
the corporation is registered as a"foreign" corporation. He was advised to
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• February 17, 2016
either domesticate his Nevada corporation to Florida or create an entirely new
Florida corporation.
• Mr. Gomez expressed concern over the time involved— stating it usually takes
two to three months to change things in Nevada. He was advised to file
electronically which was a much faster process.
Chairman Lykos called for a vote on the motion. Carried unanimously, 8— 0.
F. Troy McNabb—Review of Credit
(d/b/a"Apex Site and Demolition Corp. ")
Troy McNabb:
• As requested by the Board, he provided a business plan, a payment plan, and
an updated credit report.
• His revised credit report showed an increase to his credit score of 43 points,
from 489 to 531.
• Almost all of the negative items have been paid.
Kyle Lantz stated he was very impressed by Mr. McNabb's work—"he was one of
the few who did what he was asked to do the first time."
Gary McNally concurred, stating Mr. McNabb "did a great job on this."
Vice Chairman Joslin moved to approve terminating probation and granting a full
license to Troy McNabb. Patrick White offered a Second in support of the motion.
Carried unanimously, 8— 0.
(Gary McNally and Terry Jerulle left at 10:46 AM;six voting members remained.)
BREAK: 10:46 AM
RECONVENED: 10:55 AM
IX. OLD BUSINESS:
A. Brian Kirwan—Review of Credit/Request for Waiver of Exam
(d/b/a"Kirwan Painting, Inc.")
Brian Kirwan stated the Board had requested that he return and provide a new credit
report which indicted the removal of two liens, as well as his score from the Business
and Law test. He further stated he attempted to schedule a test date but the testing
facility did not have a vacancy. He requested the testing facility send an email to the
Licensing Office confirming the lack of space. He will reschedule the test for a later
date.
Patrick White noted the Board's previous Order placed Mr. Kirwan on a three-
month probationary period to take and pass the Business and Law test and to obtain
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• February 17, 2016
an updated credit report. He asked Mr. Kirwan why it had not been possible for him
to take the test.
Brian Kirwan explained he cares for an elderly parent who is not well. He stated his
life has changed because he is "on call" virtually 24 hours a day. Time has become as
issue for him.
Chairman Lykos asked Mr. Kirwan if he was asking the Board for an extension of
time to take the test and exactly how much more time did he think he would need.
A. Honestly, at this time, if I could get 90-days—I would appreciate it. It's up to the
Board because my hands are tied with having to take care of my mother.
Chairman Lycos noted the packet contained Mr. Kirwan's credit report, dated
September 29, 2015. He stated he had not seen the updated credit report in the
packet.
Mr. Kirwan stated he pulled a new credit report for the business only which verified
the removal of both liens. He submitted the report to Jason as requested.
Jason Bridwell confirmed the packet included a credit report dated December 29,
2015 which showed the two State tax liens had been released.
Kyle Lantz stated he would also like to review an updated personal credit report from
Mr. Kirwan.
Chairman Lykos stated Mr. Kirwan was operating under a probationary license and,
based on the release of the two tax liens, the Board can: terminate the probation and
give him a full license even though he has not passed the test; or extend the probation;
or take his license away until he takes other action.
Vice Chairman Joslin stated he would support extending the probationary period in
view of the fact that Mr. Kirwan was caring for his elderly mother. He had asked for
a 90-day extension.
Chairman Lykos reiterated one option was to extend the probation until Mr. Kirwan
takes and passes the Business and Law test, at which time, probation would
automatically terminate.
Patrick White expressed his concern: if the time allotted was open-ended, Mr.
Kirwan would have no incentive to take the test.
Chairman Lykos stated the Board could extend the probationary period for 90-days
but if Mr. Kirwan was not able to take and pass the test within that time frame, his
license would be suspended.
Brian Kirwan stated he had to postpone appearing before the Lee County Board and
had also requested additional time (two months) from Lee County due to his situation.
He noted he had been licensed for thirty years without interruption in Collier County
—he is the first person to take and pass the exam in Collier County. He hoped that
distinction would "count for something." He had been licensed since 1977. He
concluded by requesting a 90-day extension to take the test for both Collier and Lee
Counties. He confirmed he would schedule another test date as quickly as possible
because "I don't want to come back here again."
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• February 17,2016
Chairman Lykos explained why he favored limiting the extension of time to 90-days
rather than leaving it open-ended, i.e., to encourage Mr. Kirwan to take the test as
quickly as possible.
Mr. Kirwan agreed.
Vice Chairman Joslin asked Mr. Kirwan if he was required to take the test by Lee
County.
Kyle Lantz moved to approve extending Brian Kirwan's probation for 45 calendar
days. If he has not taken and passed the Business and Law test within that time
frame, his license will be automatically suspended. On the day that he passes the
test, his license will become automatically become a full license. Patrick White
offered a Second in support of the motion. Carried unanimously, 6—0.
B. Cesar Franco —Review of Credit
(d/b/a"Finishing by Franco, Inc.")
Cesar Franco stated he was before the Board for a review of his credit.
Chairman Lykos noted Mr. Franco had been given five specific tasks by the Board
to be completed.
Cesar Franco:
• Hired a credit repair company, Lexington Law, to remove two items from his
credit report; LTD Financial Services and Portfolio Recovery Associates have
been paid in full.
• The Voluntary Dismissal in the Ditech foreclosure was granted. The parties
reached a settlement and a modification was approved.
• He stated he has been making payments to clear his credit even though his
income had been reduced.
Chairman Lykos asked him to explain, item by item, as follows:
• Midland Fund for $1,522: Lexington Law had this item removed from Mr.
Franco's credit report.
• Portfolio Recovery Associates for $803.61: Payment on January 22, 2016 and
the balance due is $00.00.
• LTD Financial Services for $818.12 (agreed settlement amount): Payment
made on January 8, 2016 and the balance due is $00.00.
• Comcast for $74.00: has been paid in full and removed from his credit report.
• Ditech Mortgage: The Court granted a Voluntary Dismissal of the
Foreclosure against Mr. Franco on January 8, 2016. The parties reached a
modification agreement and Mr. Franco has been making payments as of
October 1, 2015.
Chairman Lykos noted Mr. Franco had done an excellent job of complying with the
Board's Order and documenting everything for the Board.
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February 17, 2016
Patrick White moved to approve the immediate termination of Cesar Franco's
probation and granting him a full license. Vice Chairman Richard Joslin offered a
Second in support of the motion. Carried unanimously, 6— 0.
C. Marina Reyes—Waiver of Exam/Review of Credit
(d/b/a"Reyes Tile Service")
The case was Withdrawn by the County as noted on the Amended Agenda.
X. PUBLIC HEARINGS:
(None)
Patrick White provided an update concerning conversations with Mr. Noell
and Mr. Morey concerning the Board's request for additional legal research on
the topics of re-hearings and appeals. He stated the dialogue was continuing
and has been productive. A status report will be presented to the Board at the
next meeting.
Chairman Lykos noted it was important for the Board to understand the
consequences of what transpired at last month's hearing and how the Board can
better manage similar cases.
XI. NEXT MEETING DATE: Wednesday, March 16, 2016
BCC Chambers, 3rd Floor—Administrative Building "F,"
Government Complex, 3301 E. Tamiami Trail, Naples, FL
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chairman at 11:25 AM.
COLLIER COUNTY CONTRACTORS'
LICE g,ING BOARD
141
THOMAS LYKOS, Chairma'
The Minutes were approved by the Committee Chair/Vice Chair on Ci.. 112 , 2016,
"as submitted" [4 OR "as amended" [ 1.
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