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CLB Minutes 10/21/2015 October 21,2015 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING October 21, 2015 Naples, Florida LET IT BE REMEMBERED, that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following Members present: Chairman: Patrick White Vice Chair: Thomas Lykos Members: Michael Boyd Richard Joslin Terry Jerulle Excused: Kyle Lantz Gary McNally Ms. Hunt Absent: Robert Meister ALSO PRESENT: Michael Ossorio — Supervisor, Contractors' Licensing Office Kevin Noell, Esq. —Assistant County Attorney James F. Morey, Esq. —Attorney for the Contractors' Licensing Board Reggie Smith — Collier County Licensing Compliance Officer 1 October 21,2015 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 9:05 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 Kyle Lantz and Gary McNally had been excused, but Robert Meister was absent. He also noted the Board of County Commissioners had approved the application of Ms. Hunt as the new member of the Board but she was excused from the meeting. II. AGENDA—ADDITIONS OR DELETIONS: Changes: • Under Item VI—"New Business," o (C) Tom Frechette—Contesting Citation #09602 has been withdrawn and re-scheduled to December. III. APPROVAL OF AGENDA: Richard Joslin moved to approve the Agenda as amended. Vice Chairman Thomas Lykos offered a Second in support of the motion. Carried unanimously, 5—0. IV. APPROVAL OF MINUTES—SEPTEMBER 16,2015: Correction: • Page 17—3`d Paragraph (2nd comment by Chairman White): The word"play" was changed to "plan" in the last sentence. Richard Joslin moved to approve the September 16, 2015 minutes as amended. Chairman Patrick White offered a Second in support of the motion. Carried unanimously, 5—0. V. DISCUSSION: (NONE) 2 October 21,2015 VI. NEW BUSINESS: A. Orders of the Board Vice Chairman Thomas Lykos moved to approve authorizing the Chairman to sign the Orders of the Board. Michael Boyd offered a Second in support of the motion. Carried unanimously, S—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. Neftali Triana—Contesting Citation #09936 Citation: #09936 ("Unlicensed Carpentry") Date Issued: July 24, 2015 Fine: $2,000.00 (2nd offense) 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. Joel Messenger was sworn in as a witness for Neftali Triana. Mr. Messenger stated he is a licensed CAM and Mr. Triana was working for him when the Citation was issued. Neftali Triana stated he was replacing some damaged boards in the floor which he considered to be a"handyman"job since it was only a small repair. When asked how many boards were replaced, his response was "30 or 40." Joel Messenger noted the boards were pre-cut when delivered to the property. He stated he did not consider the replacement of damaged boards as "carpentry." Michael Ossorio referenced Collier County's Code of Ordinances, Section 22- 162(6), entitled "Definitions and Contractor Qualifications" as follows: Carpentry Contractor requires 36 months experience with a passing grade on an approved test and a passing grade on a business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural, wood and metal non-structural trusses, sheathing, paneling, trim, metal framing and cabinetry. Chairman White noted the County's position was the removal and replacement of lumber—even pre-cut material—on a structural component of the bridge deck constituted carpentry which, in this case, was unlicensed carpentry. 3 1 October 21,2015 Michael Ossorio explained there was a"Maintenance and Repair" License which permitted anything that did not require a license under Section 22-184 and included repairing screens, incidental work, pressure washing of decks. An applicant who t wishes to do maintenance work is required to sign an Affidavit that he/she will not perform carpentry work, electrical, framing, plumbing, etc. Under a"Maintenance and Repair" License, you are allowed to put furniture together, screen repair, pressure washing, boat cleaning, etc. Joel Messenger stated the `bridge' in question was not a real bridge but a decorative component which connected two condominiums to the pool — it was not a structure that could hold a vehicle. He explained it was a pedestrian walkway that was defined as a `bridge.' Reggie Smith, Collier County Licensing Compliance Officer, clarified there were two separate walkways which were under repair. He stated in addition to the boards being replaced on top, there were also a few boards underneath, i.e., cross-members below the planking. Joel Messenger asked if the replacement of random boards was considered to be carpentry. Vice Chairman Lykos responded affirmatively and added"especially when you consider the boards underneath." He explained the number of boards did not matter. The issue was the license Mr. Triana signed for specifically stated carpentry was excluded. He stated if Mr. Triana had any questions concerning what he was allowed to do under his license, he should have contacted the County or reviewed his paperwork. He further stated Mr. Triana had been issued a previous Citation for the same offense. Joel Messenger explained the initial Citation was issued for changing a fan—not installing a new fan or running electric, and it was not upheld. Vice Chairman Lykos responded whether the first Citation was upheld or dismissed did not matter—the point was a second Citation had been issued against Mr. Triana's license. He stated it was Mr. Triana's responsibility, as a license holder, to understand what work he was allowed to do—or not do—under his license. Joel Messenger stated there was a grey area between what was considered to be carpentry and what was not. Chairman White disagreed noting it was the second time Mr. Triana had been issued a Citation for work he was not allowed to perform because he held only a "handyman's" license. He noted the Staff of the Contractors' Licensing Office was readily accessible to answer questions. He stated Mr. Triana should have clarified what he was permitted to do, and to be issued a second Citation for unlicensed work was a"red flag for the Board." Neftali Triana stated he did not know he was not allowed to replace he boards. Chairman White noted if Mr. Triana had applied for a Carpentry License prior to the Hearing, the Board could have considered dismissing the Citation. 4 October 21,2015 Terry Jerulle asked Reggie Smith if he had also issued a Citation for unpermitted work and the response was, "No." Reggie Smith clarified if the number of supports being replaced had been greater, a permit would have been required. While the replacement of the boards was considered to be a repair, it was determined a Carpentry License was required. He further stated Mr. Triana was advised of an additional possible violation due to unlicensed advertising on his vehicle, i.e., "painting." Mr. Triana was given an opportunity to remove the wording from his truck. Neftali Triana confirmed the advertising was removed the same day. Vice Chairman Lykos moved to uphold Citation #09936 as issued. Terry Jerulle offered a Second in support of the motion. Carried unanimously, 5—0. Michael Ossorio referenced the State's website, "myfloridalicense.com," and noted the Department of Business and Professional Regulation outlined which services require a State of Florida license. C. [Re-scheduled per Amended Agenda] D. Antonio Galindez—Review of Application (d/b/a "High Wind Aluminum Corp.") Antonio Galindez stated he was appearing before the Board to obtain approval of his application for a Glass and Glazing license. Michael Ossorio provided a brief synopsis of Mr. Galindez's previous appearance before the Board which had resulted in the suspension of his ability to pull new permits. Mr. Ossorio noted all penalties had been paid and Mr. Galindez was in compliance with the terms of his probation. He also noted the probationary period will be in effect for two years. Richard Joslin asked Michael Ossorio if the probationary period would continue if the Board approved the Glass and Glazing License application and his response was, "Yes." Terry Jerulle asked Mr. Galindez if he had any employees and if he had obtained Workers' Compensation coverage and his response was, "Yes" to both questions. Antonio Galindez noted he included a copy of the Certificate of Liability Insurance with his application. Richard Joslin moved to approve the application of Antonio Galindez for a Glass and Glazing Contractor's License with the understanding that the previously imposed probationary period will continue for two years. Vice Chairman Lykos offered a Second in support of the motion. Carried unanimously, S—0. Vice Chairman Lykos commended Mr. Galindez on his effort. 5 October 21,2015 E. Marina Reyes—Waiver of Exams/Review of Credit (d/b/a "Reyes Tile Service") Marina Reyes stated she was initially licensed in 2000 and was active in Collier County until 2011 when her corporation became inactive due to lack of work. She was able to find work in Lee County and in Port Charlotte. When the economy slowed down, she returned to Miami. She is in the process of re-establishing her credit. When she was notified a"doc stamp" lien had been filed against her, Ms. Reyes contacted the State and has entered into a payment agreement. She noted the State is currently investigating the matter because she had protested the lien, claiming it had been filed erroneously. Michael Ossorio stated his only issue was with the quality of the copy of her personal credit report which was very difficult to read. Ms. Reyes replied she has begun actively working in Lee County and will begin paying her debts as soon as funds are available. Chairman White noted there were twelve items placed in collection. Ms. Reyes stated"some of them I have taken care of,"and indicated they would be removed from her credit report. She noted she had never been in foreclosure, had a property repossessed, or filed for bankruptcy. She further stated there was one issue noted on her business credit report. She contacted the company but was told they had no record of it. Chairman White noted the amount in question was $654 and asked if she knew the name of the vendor. Marina Reyes replied she contacted the collection agency and was told there was no record of the original vendor. The collection agency had no record of her or her company in their files. Chairman White suggested she contact her attorney to have the matter removed from her credit report. He expressed concern regarding the number of items in collection on her personal credit report. Regarding the debt for$570, Ms. Reyes replied she entered into a payment plan with the credit card company and has been issued a new card. She acknowledged the debt for$530 from 2012 and explained it was a medical bill—she has Medicare as her primary medical insurance but could not afford the premiums to obtain a supplemental insurance policy. She requested to be placed on probation for a period of six months to allow her to address the issues. Additional credit items: • The Gulfport debt($299) has been paid. • A debt in the amount of$2,140 was due to her hospitalization. • The Sprint bill ($640) has not yet been addressed. • She entered into a payment plan with Century Link. • Re: Direct TV,the company withdrew money from her checking account without her permission—her bank reversed the transaction. 6 October 21,2015 Ms. Reyes stated there was more work in Collier County and she would like the opportunity to work here again—she could catch up on her bills and pay them in full. Chairman White stated he would not oppose granting a probationary period and noted she held active licenses in Lee and other counties. He asked her to describe the work she had performed in other areas. Ms. Reyes replied she had been employed by Classic Floors in Lee County. She supervised a crew of seven to install floors in new homes. She recently obtained a license in Punta Gorda and has maintained her license in Port Charlotte. She also holds a real estate license but it is currently inactive so she can concentrate on the construction business. Vice Chairman Lykos noted since she was working in other counties and had generated income. He asked Ms. Reyes why she hadn't made more of an effort to pay more creditors prior to appearing before the Board—especially since there were so many small amounts ($200, $300). He expressed disappointment that she had not contacted all of her creditors before appearing before the Board. Chairman White concurred, noting she had contacted only four of the twelve creditors. He stated if the Board approved her application and placed her on probation, she would be expected to contact all of her creditors and establish a payment plan for the items that were not in dispute prior to returning at the end of the probationary period. She would also be required to provide proof of all payments made. Chairman White continued, stating that establishing payment plans would demonstrate how she would run her business. He noted there was only one issue on her business credit report and she had contacted the State. He was willing to give her six months to resolve the issues on her personal credit report before returning to the Board. He stated Ms. Reyes' FICO score was low (640)and one reason may be due to the length of time some items have remained on her credit report. Marina Reyes explained she has been licensed for the past eleven years and never had problems—she had never been reprimanded, does not owe money to any contractors,was never cited for unlicensed activity anywhere. Vice Chairman Lykos noted some of the items on her credit report had been ignored since 2010. He agreed the current economy is improving—but questioned if Ms. Reyes can't clear the small bills in a better economy, what will happen if there is another recession. He stated some of her debt was fairly recent and asked why she couldn't pay those bills in a better economy. Marina Reyes replied she "retired"to Hialeah for a while during the economic downturn. She returned to the west coast less than a year ago to re-establish her business since she had active licenses in Lee County and other areas. She stated if she was given the opportunity, she would return in six months with an improved personal credit report. Terry Jerulle asked Ms. Rees why it was important to obtain her license at this time. 7 J October 21,2015 Ms. Reyes replied if she was licensed, she could work with Office Furniture and Design which had a number of commercial assignments in Naples. She stated the company paid well. She needed to begin work as soon as possible. Terry Jerulle asked if she could pay more of her outstanding debts first. Ms. Reyes stated, if her application was approved, she was willing to return to the Board at its next meeting. Richard Joslin asked about the availability of work in Punta Gorda. Ms. Reyes explained she was working with a Spanish company which had just started building in the area. They were averaging two homes a month with a goal of one hundred more to be completed. She noted Classic Homes averages five to six houses a month. She reiterated her commitment to re-establishing her business and her credit as quickly as possible. Richard Joslin moved to approve the application of Marina Reyes to obtain a Tile and Marble Contractor's License. She will be placed on probation for a period of three months and will be required to appear before the Board to present an updated, improved credit report at the end of the probationary period. Chairman White stated Ms. Reyes will be required to provide proof of payments made which includes copies of cancelled checks, letters from her creditors and/or copies of the payment plan. Chairman White offered a Second in support of Mr. Joslin's motion. Michael Boyd noted a great deal has changed concerning the content of the Business and Law test in the past 14 years and suggested Ms. Rees should be required to take the test again. Richard Joslin agreed to amend his motion to require that Ms. Reyes pass the Business and Law test during the probationary period. Chairman White offered a Second in support of the amended motion. Carried unanimously, 5—0. F. Garon Skender—Review of Credit (d/b/a "Marco Pool Service") Garon Skender: • Has applied for a Pool Cleaning License. • His credit report was "pretty ugly"—his income took a significant hit • The foreclosure noted on the credit report was actually a short sale. • He lived off his credit cards for a period of time. • He currently works full-time as a firefighter and wants to clean pools on a part-time basis to supplement his income and "dig himself out of the hole." • He stated if he is granted a license and placed on probation for six months, he would be able to pay the Credit Acceptance debt of$6,552 as well as the two medical bills for$125 each, and the Verizon Virginia bill for$127. • He stated the credit report did not reflect he has obtained a new credit card as a result of improvement in his credit score. 8 October 21,2015 • He stated he had excellent credit at one time and he was determined to re- establish his good credit again. Michael Ossorio stated Mr. Skender had been advised to create a business plan to present to the Board. He was also advised to provide documentation to the Board of any payment plans entered into with his creditors. Mr. Skender stated he had three years of experience cleaning pools. He acknowledged the license he applied for restricted him to cleaning pools. Vice Chairman Lykos asked Garon Skender to explain when he could clean pools since he worked full time as a firefighter. Garon Skender responded he worked 24 hours on with 48 hours off and could clean pools during his days off. Q. How much income do you expect to generate on your days off? A. I don't have any clientele to start off but I do have a number of friends who are in real estate on Marco. I have a lot of connections on Marco and believe I could get things going pretty quickly. Vice Chairman Lykos noted Mr. Skender could not answer the question with a specific dollar amount which is why he had been advised to create a business plan. He stated Mr. Skender did not know when he would begin to generate any income and could not project any estimated earnings. Garon Skender responded he needed a license in order to generate clientele and estimated he could clean between 15 to 20 pools per day. (3 to 4 days per week) Q. How much will you charge to clean a pool? A. $90.00 a month (market rate). Garon Skender stated his target market would be new and recently purchased homes as well as rental properties. When asked how he would obtain his clients, he replied through advertising and word of mouth. He stated he would utilize the "free stuff' such as Facebook first as part of his advertising and estimated his costs would not be significant. He noted business cards were not expensive. Vice Chairman Lykos pointed out to Garon Skender that he didn't know how many pools he could clean per week, how much income he could generate, or the costs to advertise his business, and had convinced himself he would be able to obtain work but had nothing lined up currently. Mr. Lykos stated all Mr. Skender had was a dream. He did not have a specific goal, nor did he have a plan to achieve his goal. Terry Jerulle asked Mr. Skender how he could maintain a pool cleaning business since his schedule as a firefighter was not the same from week to week. Garon Skender explained the rotating schedule repeated itself every two weeks. Terry Jerulle noted Mr. Skender's full-time job would limit the number of pools he could clean in a week. Mr. Jerulle also advised the applicant to develop a business plan, think things through—"put your dreams on paper and make them goals—prove to the Board they are achievable." 9 October 21,2015 Chairman White stated having a general concept of how to proceed was not the same as creating a written business plan with estimates of costs and projected income. The Board needs a written plan to review—it cannot x-ray an applicant's brain. Richard Joslin suggested granting a restricted license to Garon Skender. Michael Boyd concurred but suggested limiting the probationary period to three months to see if he could pay the creditors as he claimed. Chairman White reiterated the amounts: $6,552, $125 for two medical bills and $127. He further suggested Mr. Skender should also provide copies of written payment plans entered into with his creditors. Garon Skender again stated he "will make this happen"—he has been on Marco for 25 years and knows a lot of people—he stated as soon as he is licensed, he will "get things rolling." Richard Joslin moved to approve Garon Skender's application for a Pool Cleaning License and to place him on probation for a period of ninety days. He is required to return at the end of the probationary period to present a revised credit report and proof of payment of or a payment plan for, the following amounts: $6,552 for Credit Acpt., $125 for two medical bills, and$127 for Verizon Virginia. Chairman White suggested including a budget would be helpful along with a written plan. Chairman White offered a Second in support of the motion. Motion carried, 3— "Yes"/2— "No." Mr. Lykos and Mr. Jerulle were opposed. G. Brian Kirwan - Waiver of Exams/Review of Credit (d/b/a "Kirwan Painting,Inc.") Brian Kirwan stated he had applied to reinstate his license as a Painting Contractor. • Has worked for the past 30 years without interruption • Never had any issues during his career • In 2010 his license lapsed due to health issues and rehabilitation • His wife passed away in 2008 and he depleted his cash reserves to pay her medical bills • He was not able to retain his real estate holdings (20 parcels) and was advised to file for bankruptcy • He did not have any debt associated with his business—his debt was strictly personal • After undergoing surgery, he has resumed working—his client base extends back to 1977 • The one lien of$914 noted on his credit report was recently satisfied with the State of Florida—he provided documentation to the Board 10 October 21,2015 • He stated the lien was incurred because of a late filing fee which was not paid on time due to his hospitalization for surgery (January, 2010) • He intends to apply for reinstatement in Sarasota and Lee Counties Michael Ossorio: • When Mr. Kirwan was initially licensed, the Business and Law exam was not required. • He did take the painting exam. Brian Kirwan noted he was the first person to have taken the painting exam (1981). Michael Ossorio stated the County recommended the applicant take/pass the Business and Law exam as a condition for reinstatement of his license. Chairman White moved to approve Brian Kirwan's application to reinstate his license. He will be placed on probation for nine days during which time he is to take and pass the Business and Law exam. At the end of the probationary period, he is to appear before the Board and provide a revised credit report. Terry Jerulle offered a Second in support of the motion. Carried unanimously, S—0. BREAK: 10:30 AM RECONVENED: 10:38 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. Matthew R. Rambo—6-Month Credit Review (d/b/a "Neapolitan Tree Service,Inc.") Matthew R. Rambo: • His revised credit report score had gone down four points which he did not understand since there have not been any new inquiries Chairman White asked Mr. Rambo to explain what he had done concerning his debts. Matthew R. Rambo: • Capital One—balance was $545; currently owes $149—will be paid by the end of the month • CitiFinancial—balance was $3,457; currently owes $3,062 —pays $65.91 per month • His ex-wife charged $275 on her Victoria Secret credit card—he will pay the amount since she will not—it will be paid by the end of the month • Medical bills—$950 charged to credit card—he will pay each bill one at a time 11 k=111M1.1. 11111.111V October 21,2015 • Verizon - $279 to purchase cell phone for his daughter—will be paid by the end of November • There is a bill for$118 which will also be paid by the end of November • He has not contacted ARS Chairman White noted progress had been made even though Mr. Rambo's FICO score remained relatively unchanged. Terry Jerulle asked if the Discover Bank has been paid. He replied it was current— the card was opened by his mother—he does not use it. Mr. Rambo confirmed he is making more than the minimum payment on each card. Vice Chairman Lykos outlined the Board's options: • to continue the probation; • to end the probation; • to terminate his license. Matthew Rambo stated business is improving. He is employed by his father's landscaping maintenance during the week. On Saturdays, he performs small tree- trimming jobs to make extra money. He is trying to save money to purchase equipment and advertise. He recently moved in with parents to reduce his expenses. Vice Chairman Lykos asked if Mr. Rambo had written a budget and determined how much excess income he has, if any. He stated Mr. Rambo needs to formulate a written plan to pay his debts and grow his business. He further stated if the Board decides to extend the probation, Mr. Rambo should provide copies of document when he returns. Vice Chairman Lykos moved to approve extending Matthew Rambo's probation for an additional six months. He will return at the end of the period to provide the Board with an updated credit report and a plan detailing how he will pay his debts and grow his business. Chairman White offered a Second in support of the motion with the understanding that Mr. Rambo will provide proof of payments made in the amounts of$118, $276, and$279. Carried unanimously, S—0. B. Teodor Danilov—Reinstatement/Review of Credit (d/b/a "Custom Flooring Design,Inc.") Michael Ossorio: • Mr. Danilov was scheduled to appear before the Board last month but he did not attend the Hearing. • His license has been suspended. Teodor Danilov: • His credit score improved from 509 (December) to 545 (January). 12 October 21,2015 • He contacted Lexington Law to help him remove items from his credit report. • He was advised by Lexington Law to not contact his creditors directly. • He provided a copy of a letter from Lexington Law dated July 31St concerning the disputed Best Buy charge (2007). He claimed his payments were not credited to his account. • He became a U.S. citizen last month. Michael Ossorio: • In January, 2015, Mr. Danilov's credit score was 543. • In December, 2014, it was 509. • In July, 2015, it was 539. • In September, 2015, it was 507. Chairman White asked Mr. Danilov to obtain an updated report from Lexington Law outlining what progress has been made to remove disputed items from his credit report, how they will proceed in the future, an d heir estimate concerning the length of time required. Teodor Danilov stated he pays Lexington Law every month—"it is a very expensive company"—but agreed he needed to resolve his credit issues. He further stated he trusted Lexington Law. He noted friends who have also used Lexington Law reported significant improvement in their credit reports after one year. He hired Lexington Law in January. Chairman White noted the Board had the option to reinstate his license and extend his probation or take no action and his license would remain suspended. Michael Boyd stated the Merit Credit Report reflected only one item in July which was a past due amount of$559. He further stated Mr. Danilov may not have good credit because he always paid his bills in cash. Michael Boyd moved to approve reinstating Teodor Danilov's license and extending his probation for an additional six months. He will be required to provide the Board with an updated credit report showing improvement or a letter from Lexington Law detailing how and when the open item will be resolved. Chairman White 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.) A. Case#2015-07: Board of County Commissioners vs. Tiffany Fronimakis, d/b/a "Statewide Florida Glass, LLC" (LCC 20130001831) 13 October 21,2015 Michael Ossorio stated the County was requesting to withdraw Case #2015-07 from the Agenda to be heard in January. Vice Chairman Lykos moved to approve the County's request. Richard Joslin offered a Second in support of the motion. Carried unanimously, 5—0. IX. REPORTS: (None) X. NEXT MEETING DATE: Wednesday, December 16, 2015 BCC Chambers, 3`d Floor—Administrative Building"F," Government Complex, 3301 E. Tamiami Trail,Naples, FL There being no further business for the good of the County, the meeting was adjourned by the order of the Chairman at 11:40 AM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD Ilik) PAT I,ICK WHITE, Chairman The Minutes were approved by the Committee ChairNice Chair on )p ( , 2015, "as submitted OR "as amended" [ 1. 14