CLB Backup Documents 03/12/2010 Contractors '
Licensing Board
March 12 , 2010
(BACKUP DOCUMENTS)
AGENDA
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
DATE: FRIDAY—MARCH 12, 2010
TIME: 9:00 A.M.
W. HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
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:
DATE: FEBRUARY 17, 2010
V. DISCUSSION:
(A) End of the Month Report—February 2010
VI. NEW BUSINESS:
(A) Rolando Alvarez—Waiver of Examination
(B) Gregory Westgate—Qualify 2nd Entity
(C) Cory Maile—Review of Construction Experience Affidavits
(D) Eric J. Baker—Waiver of Examination (Reinstatement)
(E) Leonard Allen—Contesting Citation
(F) Robert James Wayne Jr.—Waiver of Examination(s) (Reinstatement)
(G) Todd Grup—Review Building Contractor License per Order of the Board
(H) Orders of the Board (Signing)
VII. OLD BUSINESS:
(A) Adam S. Sandifer—Review of Credit Report(Six Month Review)
(B) Peter Geresdi—Request for an Extension to Pay Board Fines
VIII. PUBLIC HEARINGS:
(A) Case#2010-01 Maharay Borrego
(Continuation) D/B/A: Mary's Kitchens & Interiors, Inc.
IX. REPORTS:
X. NEXT MEETING DATE: WEDNESDAY APRIL 21, 2010
W. HARMON TURNER BUILDING, 3RD FLOOR
(COMMISSIONERS MEETING ROOM)
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(COURTHOUSE COMPLEX)
milik
COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-252-2440 • FAX 239-252-2343
DATE: April 21, 2010
TO: Trish Morgan, Clerk of Courts - Records
FROM: Connie Thomas
RE: CLB Orders CaJe 1VTh 2016 -01 Inavi 12 co H
Please find attached the orders issued by the Contractor's Licensing Board.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders and return the originals
interoffice mail to:
Connie Thomas, Administrative Supervisor Licensing
Operations/Contractor's Licensing
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Operations and Regulatory Management Account is 113-138912.- S 4 Ito
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-2473.
CONTRACTORS LICENSING BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS )
COLLIER COUNTY, FLORIDA )
Petitioner, )
) CASE NO. 2010-01
vs. ) LICENSE NBR:32941
)
Maharay Borrego )
)
d/b/a Mary's Kitchens and Interiors, Inc. )
)
Respondent (s) )
)
)
ORDER
THIS CAUSE came on for public hearing before the Contractors' Licensing
Board (hereafter Board) on February 17, 2010 and March 12, 2010 for consideration of
the Administrative Complaint filed against Maharay Borrego. Service of the Complaint
was made in accordance with Collier County Ordinance 90-105 as amended. The
service of the Administrative Complaint conformed with the requirements of Ordinance
90-105, as amended. The Board having at said hearing heard testimony under oath,
received evidence, and heard arguments respective to all appropriate matters,
thereupon issues its Order of the Board as follows:
FINDINGS OF FACT
1. That Maharay Borrego is the holder of record of License Number 32941.
2. That the Board of County Commissioners of Collier County, Florida is the
complainant in this matter.
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3. That the Board has jurisdiction of the person of the Respondent and that
Maharay Borrego was present at the public hearing and was not represented by
counsel at the hearing on February 17, 2010. Respondent was not present nor
represented by counsel at the hearing on March 12, 2010. The Board found that
Respondent had been provided legally sufficient notice of the hearing on March 12,
2010 and chose not to attend nor request a continuance.
4. All notices required by Collier County Ordinance No. 90-105, as amended,
have been properly issued, hand delivered and delivered by certified mail in accordance
with Collier County Ordinance 90-105, as amended.
5. The Respondent acted in a manner that is in violation of Collier County
Ordinances and is the one who committed the act.
6. That the allegations of fact as set forth in the Administrative Complaint, as to
Count I, Section 4.1.8 are found to be supported by the evidence presented at the
hearing.
CONCLUSIONS OF LAW
1. The Conclusions of Law alleged and set forth in the Administrative Complaint
as to Count I are approved, adopted and incorporated herein, to wit, the Respondent
violated Section 4.1.8 of Collier County Ordinance 90-105, as amended in the
performance of her contracting business in Collier County by acting in violation of the
section set out above with particularity.
2. Collier County has jurisdiction over this contractor pursuant to Collier County
Ordinance 90-105, as amended.
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ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County j
Ordinance No. 90-105, as amended, by a vote of 6 in favor and 0 opposed,
a majority vote of the Board members present, with Board member Meister abstaining
due to not having heard the case on February 17, 2010, the Respondent has been
found in violation as set out above.
Further, it is hereby ORDERED, by a vote of 6 in favor and 0
opposed, a majority vote of the Board members present that the following disciplinary
sanction(s) and related order are hereby imposed upon the holder of Contractors'
License Number 32941.
1. Revocation of the Respondent's contracting license and privileges in
Collier County, Florida.
2. A fine in the amount of ten thousand dollars ($10,000.00) to be paid
within thirty (30) days of the date of this hearing.
3. Administrative and investigative costs in the amount of one thousand
dollars ($1,000.00) to be paid within thirty (30) days of the date of this
hearing.
4. Restitution in the amount of five thousand seven hundred fifty dollars
($5,750.00), plus statutory interest, to be paid within thirty (30) days of the
date of this hearing.
III
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5. A public reprimand to be issued by the Board and published in a
newspaper of general circulation and further distributed at the discretion
of the Contractors' Licensing Supervisor.
The parties hereto are hereby notified that the Respondent has a right to request
a rehearing of this matter. A request for rehearing shall be made in writing and shall be
filed with the Clerk to the Collier County Board of County Commissioners, and served
on any other parties, within twenty (20) days from the date of mailing of the Board's
written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended.
A request for rehearing shall be based only on the ground that the decision was
contrary to the evidence or that the hearing involved an error on a ruling of law which
was fundamental to the decision of the Board. The written request for rehearing shall
specify the precise reasons therefore. The decision of the Board which is the subject of
the rehearing request shall remain in effect throughout the rehearing procedure unless
the Board orders otherwise.
The Board shall make a determination as to whether or not to rehear the matter
and its decision shall be made at a public meeting, reduced to writing and mailed to the
interested parties within 21 days after the decision is made. If the Contractors'
Licensing Board determines it will grant a rehearing, it may:
a. Schedule a hearing where the parties will be given the opportunity of
presenting evidence or argument limited by the Board to the specific reasons for which
the rehearing was granted; or
b. Modify or reverse its prior decision, without receiving further evidence,
providing that the change is based on a finding that the prior decision of the Board
resulted from a ruling on a question of law which the Board has been informed by its
counsel was an erroneous ruling and which ruling could effect the substantive decision.
The parties are further notified that upon the timely filing of a Notice of Appeal
within thirty (30) days you may have the decision of the Board reviewed pursuant to the
procedure set out herein. The contractor found to be in violation may appeal a decision
of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate review of the record created before the Board.
Any appeal shall be filed with the Circuit Court and served on the parties within thirty
(30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and
4.3.4.10 of Ordinance 90-105, as amended. If there has been a re-hearing request, the
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appeal shall be filed with the Circuit Court and served on the parties within thirty (30)
days of the mailing of the re-hearing decision under Section 5.1.2 of Ordinance 90-105,
as amended.
In the event that the contractor found to be in violation should elect to appeal, a
verbatim record and transcript of the proceedings will be necessary. It shall be the sole
responsibility of said party to ensure that a record is made from which a transcript may
be prepared which includes the testimony upon which an appeal may be taken. Neither
Collier County nor the Board shall have any responsibility to provide a verbatim record
transcript of the proceedings.
FURTHER, the Board makes no recommendation to the Florida Construction
Industry Licensing Board.
In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the
disciplined contractor, the complainant, or the Department of Business and Professional
Regulation may challenge the local jurisdiction enforcement body's recommended
penalty for Board action to the State Construction Industry Licensing Board. A
challenge must be filed within sixty (60) days of the issuance of the recommended
penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If
challenged, there is a presumptive finding of probable cause and the case may proceed
before the State Board without the need for a probable cause hearing.
Failure of the disciplined contractor, the complainant, or the Department of
Business and Professional Regulation to challenge the local jurisdiction's
recommended penalty within the time period set forth herein shall constitute a waiver of
the right to a hearing before the State Construction Industry Licensing Board. A waiver
of the right to a hearing before the State Board shall be deemed an admission of the
violation, and the penalty recommended shall become a final order according to the
procedures developed by State Board rule without further State Board action.
Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that
they may appeal the Final Order of the State Board by filing one copy of a Notice of
Appeal with the Clerk of the Department of Business and Professional Regulation,
Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing
the filing fee and one copy of the Notice of Appeal with the District Court of Appeal
within thirty (30) days of the effective date of said Order.
ORDERED by the Contractors Licensing Board effective the 12 day
Marc , 2010
T v•mas Lykos, Chair
Contractors Licensing :a.ard
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been
furnished the Respondent, Maharay Borrego; 2780 54 Avenue, N.E. Naples, FL 34114;
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and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive,
Naples, FL 34103 on this
�rh day of-1,42010.
wn/
4Secr tary/ Contractors Licensing Board
:amity of COLLAR
HEREBY CERTIFY THAT this is a true an0
:affect cony of a oownant on file In
Board Minutes,anis Record OttCoyer fib►
NITNESS my h. o arid Ificialleal this
zgEtti day of Apiit -260.
')WIGHT E. BROOK CLERK OF.COUR'f$
•
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