CLB Minutes 02/20/2008 R
February 20, 2008
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CONTRACTOR LICENSING BOARD
Naples, Florida February 20, 2008
LET IT BE REMEMBERED, that the Collier County Contractor
Licensing Board, in and for the County of Collier, having conducted
business herein, met on this date at 9:00 a.m. in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Les Dickson
Michael Boyd (Absent)
Syd Blum
Eric Guite'
Glenn Herriman (Absent)
Lee Horn (Absent)
Richard Joslin
Ann Keller (Absent)
ALSO PRESENT:
Robert Zackery, Assistant County Attorney
Patrick Neale, Attorney for the Board
Michael Ossorio, Contractor Licensing Supervisor
Tom Bartoe, Collier County Licensing & Compliance Officer
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February 20, 2008
CHAIRMAN DICKSON: I'd like -- well, let me go through the
process.
I'd like to start with roll call to my right.
MR. BLUM: Sid Blum.
CHAIRMAN DICKSON: Les Dickson.
MR. JOSLIN: Richard Joslin.
MR. GUITE': Eric Guite'.
CHAIRMAN DICKSON: In the 20 years on this board, this is
only the second time I can remember that we have not had a forum.
We have two members with medical emergencies that we knew
couldn't come, the third member is in New York, and unfortunately
we can't do anything without a quorum. We have to have a minimum
of five.
So we're virtually shut down today, except for we are going to
hear the testimony of one individual just so we can get it on record.
MR. NEALE: And actually, just for purposes of clarification, the
board -- it's a fine point, but the board will not formally be hearing his
testimony today. What we're going to do, Mr. Zachary and I have
talked about it, is Mr. Zachary is going to question him to get him to
get him on the record. Weare going to get him on the record as to
certain matters that he's going to testify to so he doesn't have to come
back, frankly. So it won't be -- officially it won't be the board taking
testimony in this case, it will just be -- he will be providing testimony
that will be on the record, it will be read back into the record next
time we're here.
MR. JOSLIN: This is because the gentleman is from out of
town?
MR. NEALE: Well, he's not well.
CHAIRMAN DICKSON: And who's going to run this?
MR. NEALE: Mr. Zachary will do --
CHAIRMAN DICKSON: Mr. Zachary.
MR. ZACHARY: I'll do the best I can, but I think we want to get
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February 20, 2008
him on the record. And we have a court reporter here and we can
have -- it will be like an oral deposition or affidavit and we can have
that read into the record and the next meeting we have a quorum
conducting official business.
CHAIRMAN DICKSON: We might get so fortunate to have a
fifth member walk in while we're doing this, but I'll keep my fingers
crossed. But the floor is yours.
MR. NEALE: For purposes of the people in he audience and the
public is this is not an official meeting of the Contractor Licensing
Board and cannot be one, so --
CHAIRMAN DICKSON: At this point, right.
Mr. Zachary, it's all yours.
MR. LINEHAN: In all due respect, we don't want to alienate
anybody. Would the board please consider kindly maybe meeting
before the next possible meeting, if there's any way they could pull
that off? In other words, instead of waiting for the next scheduled
meeting, maybe wait a week from now to conduct business?
CHAIRMAN DICKSON: I'm amenable to that. It's up to staff.
MR. OSSORIO: For the record, Michael Ossorio, Collier
County Contractor Licensing.
I'm sure we can look into some kind of a meeting down at
Horseshoe Drive. I'm sure we couldn't get this boardroom in a week
or two, but we probably could look into having it in some kind of a
meeting down at Horseshoe Drive.
CHAIRMAN DICKSON: Is this necessary? Is it an emergency?
MR. LINEHAN: It's certainly not an emergency. We're doing a
business thing so it would impact us economically. But it definitely is
not an emergency.
It's up to the discretion of the board. And someone -- obviously
you have these two sicknesses involved so I --
CHAIRMAN DICKSON: I wouldn't have a problem with that.
Would the rest of you?
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February 20, 2008
MR. JOSLIN: No, I wouldn't.
CHAIRMAN DICKSON: It's not like I'm on the phone.
MR. JOSLIN: The only problem we have would be to advise
everyone else that's going to be at that meeting to --
MR. ZACHARY: Yeah, there's going to have to be notice given.
MR. JOSLIN: Yeah, notice needs to be sent out.
MR. NEALE: Both public and notice to the participants --
MR. JOSLIN: Hard to do in a week or two.
MR. OSSORlO: So we need 20 days. So we're looking at next
month unless it's some kind of an emergency that we declare under the
code. But it's not.
MR. ZACHARY: I'm not sure you need 20 days. That's--
MR. BLUM: If it's going to be 20 days, you might as well wait
for the month and be done with it.
MR. OSSORlO: Well, it's 20 days on our form letter. The code
says that you have to be -- when you issue, the respondent has 20 days
to respond. Obviously there --
MR. ZACHARY: For a meeting, I think if you call-- if you
decided to hold a meeting, you could notice -- usually has to be like in
a newspaper of a circulation like the Naples Daily News. But you
could legally post it on, you know, the front -- the bulletin boards and
whatever. But two or three days notice is probably sufficient.
MR. OSSORlO: Well, we do have one particular case that the
qualifier has to be notified. I won't bring up names or numbers, but
there is -- there's cases involved. If one person's not here, we'll have
to give him notice that it's changed.
MR. ZACHARY: Yeah, that's true. So probably the safest thing
would be to --
MR. OSSORlO: Because I'll have to give him notice again.
MR. JOSLIN: Give him time that was scheduled -- a lot ofred
tape.
MR. LINEHAN: I would hate to have to put you guys through
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February 20, 2008
that. It's definitely not an emergency.
CHAIRMAN DICKSON: Well, ifit works out -- see, it really
doesn't hurt us either, because this just means our next meeting is
going to be really long. So I wouldn't have a problem with it. But
Michael's the guy you talk to; Ossorio.
Okay, Mr. Neale? Oh, Mr. Zachary, you're going to do it. Floor
. .
IS yours, SIr.
MR. ZACHARY: I'm going to go with half glasses here.
Mr. Harmison, can you come to this microphone?
MR. HARMISON: I'm up. Once I get moving, don't stop me.
(Speaker was duly sworn.)
MR. ZACHARY: Could you state your name for the record.
MR. HARMISON: Paul Louis Harmison.
MR. ZACHARY: Mr. Harmison, you were here today for Case
No. 2008-01, which is -- and your license number is 27081; is that
correct?
MR. HARMISON: Correct.
MR. ZACHARY: And you were doing business as Bayshore
Aluminum Construction?
MR. HARMISON: I was the qualifier, yes.
MR. ZACHARY: And you understand that you had an
administrative complaint against you by the county?
MR. HARMISON: Yes.
MR. ZACHARY: And obviously you're under some duress. Are
you able to give testimony and understand the proceedings here
against you today?
MR. HARMISON: Yeah, I'd like to get them out of the way.
MR. ZACHARY: Okay. And you understand that you were
charged with abandoning a construction project?
MR. HARMISON: Yes, I am.
MR. ZACHARY: Do you want to admit to those charges here
today, and do you understand what you're doing?
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February 20, 2008
MR. HARMISON: I understand what I'm doing. I would like to
put in mitigating factor at the time --
MR. ZACHARY: Okay, could you--
MR. HARMISON: I was undergoing medical procedure at that
time, and the expression, slipped through the cracks. My son was
helping me as much as he could while I was undergoing medical tests,
and I was not aware of it at the time. I thought it was all handled.
MR. ZACHARY: But you're not going to contest these charges?
MR. HARMISON: No, I'm not going to contest them.
It's not inspected, it's not inspected.
MR. ZACHARY: And you understand that this could result in
the loss of your ability to pull permits for further jobs?
MR. HARMISON : Yes.
MR. ZACHARY: And you're willing to do this and you
understand everything that's -- the consequences of --
MR. HARMISON: Yes, I do.
MR. ZACHARY: Okay.
Mr. Ossorio, do you have any questions for Mr. Harmon?
MR. OSSORlO: None.
MR. ZACHARY: Okay, I thank you for coming.
MR. HARMISON: Okay. I'm free to go?
MR. ZACHARY: Yes. Thank you.
CHAIRMAN DICKSON: Thank you. Okay, be as it that
nobody --
MR. ZACHARY: Mr. Harmison, just one more thing. Do you
waive your right to appear at the next meeting and face these charges
formally?
MR. HERRIMAN: Yes.
MR. ZACHARY: Okay, thank you.
CHAIRMAN DICKSON: Being that there's nobody else has
come in, I can't go any further; therefore, this meeting --
MR. ZACHARY: Never happened.
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February 20, 2008
CHAIRMAN DICKSON: -- never really happened. We could
call it adjourned.
I apologize for everyone who had to come. It's the second time
in 20 years, like I said. But I apologize and we'll try to rectify it and
get things done next time. Thank you very much.
*****
There being no further business for the good of the County, the
testimony given was ended at 9: 18 a.m.
Transcript prepared on behalf of Gregory Reporting Service, Inc., by
Cherie' R. Nottingham.
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