CLB Minutes 06/18/2008 R
June 18, 2008
TRANSCRIPT OF THE MEETING OF THE
CONTRACTOR LICENSING BOARD
Naples, Florida
June 18,2008
LET IT BE REMEMBERED, that the 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:
VICE CHAIRMAN:
Les Dickson (Absent)
Richard Joslin
Eric Guite' (Absent)
Lee Horn (Absent)
Terry Jerulle
Thomas Lykos
Michael Boyd
Glenn Herriman
ALSO PRESENT:
Patrick Neale, Attorney for CLB
Robert Zachary, Assistant County Attorney
Michael Ossorio, Zoning & Land Development Review
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VICE CHAIRMAN JOSLIN: Okay, I'd like to call to order the
June 18th, Collier County Licensing Board meeting.
And just for the record, 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.
Just for the record, we do have a court reporter that is reporting
and recording everything that's said here.
I'd like to start with roll call, starting to my right.
MR. HERRIMAN: Glenn Herriman.
MR. L YKOS: Tom Lykos.
VICE CHAIRMAN JOSLIN: Richard Joslin.
MR. JERULLE: Terry Jerulle.
MR. BOYD: Michael Boyd.
VICE CHAIRMAN JOSLIN: Staff, is there any additions or
deletions to the agenda?
MR. OSSORIO: Good morning, Mr. Chairman. Mike Ossorio,
Collier County Contractor Licensing Supervisor.
Ian Jackson is on vacation, so I have the privilege.
We do have an addition, it's Greg Rearden doing business as
A VI. It's last name, R-E-A-R-D E-N.
VICE CHAIRMAN JOSLIN: What does he -- ?
MR. OSSORIO: He requests to reinstate his license without
taking the exams.
VICE CHAIRMAN JOSLIN: Okay. With that said, I need to
get an approval for the agenda.
MR. L YKOS: So moved, Lykos.
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: Motion carries.
Also need approval for the minutes of the May 21 st meeting.
Has everybody read the minutes and are they in line?
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(No response.)
VICE CHAIRMAN JOSLIN: I need a motion.
MR. L YKOS: So moved, Lykos.
VICE CHAIRMAN JOSLIN: Second, Joslin.
Don't be scared, gentlemen.
Under discussion we have a Brian M. LaChance. Do we hear this
now or --
MR. OSSORIO: Good morning, Mr. Chairman.
Before Mr. LaChance speaks to his discussion, I want to let you
know what the county has been doing for the last several months.
Mr. LaChance is a consumer. He was a licensed contractor for
many years here in Naples. He decided to move on. And he's been
gone for quite a long period of time. He's taken the exams. He got the
county report, and his application's on our desk.
Unfortunately, back in December the Board of County
Commissioners adopted a new fee schedule, and in that fee schedule,
it highlights that you have to pay all your back licenses. Mr.
LaChance felt that it was somewhat, you know, unfair. He didn't
know he was getting a license for life. So he petitioned the Board of
County Commissioners.
The Board of County Commissioners reviewed it. We had a
discussion a couple weeks ago and asked Mr. LaChance to speak to
the licensing board, because pursuant to the section of our Ordinance
2.1.5, you make recommendation to the Board of County
Commissioners on fees and they adopt the fees.
I personally feel that maybe we could tweak it a little bit, and my
recommendation would be null and void, you have to pay your fees
for three years, three years back fees.
VICE CHAIRMAN JOSLIN: How long has the license been
dormant?
MR. OSSORIO: Well, it's been canceled for many years. But
Brian LaChance will go ahead and speak to that.
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MR. LaCHANCE: Good morning, gentlemen.
VICE CHAIRMAN JOSLIN: Can we have you sworn in, please.
(Speaker was duly sworn.)
MR. LaCHANCE: Good morning, gentlemen.
I moved out of Collier County in the year 2000, into Lee County
due to a divorce. Lost everything here, business, equipment, so on
and so forth. Went to work for a company in Fort Myers called
Contractors Choice Supply where I was an installer under their
license.
After that I hooked up with another woman down here in Collier
County, Classy Kitchens, and worked for her.
Current business conditions, as you know, in construction just are
horrible. She no longer has work for me on a steady basis. So in
order for me to continue to work and do work for other contractors to
install, or even homeowners, I needed to obtain my cabinet installer's
license once again.
After going through the process, it seemed like it was a dual
penalty. Not only did I have to meet the requirements of a new
licensee once again, but I'm being asked to pay for eight years in
arrears, which total $1,170. That kind of precludes my freedom to
choose my employment as I wish and without coming back with
penalty for doing something that I have to do in order to pay my bills
every month.
You're telling me on one hand welcome back but, you know,
you're going to pay a penalty. You didn't use the license; I didn't get
any services for that license. Nowhere in the books, in the Florida
Contractors Schedules does it say that this is a lifetime license.
I understand the need for the licensing board to generate revenue
to keep track of contractors, but here I am.
And while I agree and support Mr. Ossorio's recommendation of
the three-year penalty, it's still a penalty. It's one I can live with and
I'm sure others can live with. You know, I chose not to renew my
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license because I, at that time in life, had not planned on using it
again. But unfortunately, economic conditions force me now back
into that position.
VICE CHAIRMAN JOSLIN: According to what you are saying,
you have taken the test and you have passed all the test credentials?
MR. LaCHANCE: I walked into Mr. Ossorio's office yesterday
and they said, we'll give you a license right now.
VICE CHAIRMAN JOSLIN: Credit app. was in line?
MR. OSSORIO: Yeah, everything's fine.
VICE CHAIRMAN JOSLIN: Everything's fine.
MR. OSSORIO: Under the direction of the county manager, Mr.
LaChance was requested to go ahead and pay the fees and then --
under protest. And if the licensing board said, you know -- changed
the fee, then we'll go in front of the Board of County Commissioners
and petition them for -- under resolution and then he would get
reimbursed. But I believe he wants to go ahead and do it on the front
end, which is fine.
THE WITNESS: Right. I can still work under my ex-partner's
license; she's allowed me to do that until we get this resolved.
It's just -- you know, I'd like to have my own license back to have
the freedom to do what I want when I want, you know, work for who I
want to and who will have me.
MR. OSSORIO: Mr. Chairman, if you take a look at the -- well,
you're not going to take a look at it, but under the fee schedule, FF,
Section 4(A), it tells you a contractor, specialty contractor, must pay
his back license fees. And most counties do that just because we get a
lot of out-of-state, out-of-county contractors that we send them notice
and they say, well, we're not really working in Collier County at this
time and we'll renew when we see fit.
And that really stops them from saying, okay, let's renew. I'll
give you an example. If you're from Orlando, you're a painting
company, you're doing a project in Naples and then you get your
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license in Naples and you then don't renew because you're not doing
any work in Naples.
That's not fair for all the other applicants or the contractors that
actually renew their license on a yearly basis and participate in the
bidding process down in Collier County, so -- but I can see Mr.
LaChance's concerns, and like I said before, this office and the
building review and permitting office, we support not to exceed three
years.
And, you know, that -- you know, that's something that we can
live with.
VICE CHAIRMAN JOSLIN: That's something that you can live
with also?
MR. LaCHANCE: Definitely, I can live with it. It's a fair
proposal. A lot fairer than what I think the current one is.
VICE CHAIRMAN JOSLIN: We're trying to meet you halfway
anyway, right?
MR. LaCHANCE: Exactly. That's what it's about, compromise.
VICE CHAIRMAN JOSLIN: You can understand the reasoning
why, though, because there are avenues that you can carry out when
you don't have a license any longer or don't want it, just put it
dormant, you pay a small fee per year and then it's always good.
MR. LaCHANCE: Right. The only, I guess, I expressed my
concern about that is that you get absolutely nothing for your money.
And taxation, which is a fee, you're supposed to have representation
for that. It just gives you the right. I mean, I'd have to pay for the
license anyway. It doesn't give me any services other than to keep my
license dormant.
And, you know, ifI'm going to pay the full price every year, it's
like why not just keep the license. But it precludes me from making
the choice of working for a private contractor or staying on my own.
And what I liken it to is, I've lived here in Collier County,
between Collier and Lee County for 21 years. It would be like if I
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went back to Massachusetts and I went to the driver's license bureau
and I wanted my license back, and they said you've got to take the
test, and you know what, Mr. LaChance, welcome back but you're
going to pay for 21 years you didn't use that driver's license. It just
seemed very unfair at that point.
VICE CHAIRMAN JOSLIN: I can see your point.
What kind of fees are we talking about here? Do we make that
decision here as far as how much he pays or is -- ?
MR. OSSORIO: No, you've already looked at the fee schedule
back in '07. There's no question what the fees are what they are due to
the fact of how we have to conduct business on a yearly basis.
The only thing you're going to be asked to do is come to maybe a
resolution or a letter to the Board of County Commissioners saying
you agree with this new change, minor change, and then we'll go to
the Board of County Commissioners.
VICE CHAIRMAN JOSLIN: Okay.
MR. L YKOS: Michael, what did Mr. LaChance have to do to
reactivate his license? What process did he have to go through?
MR. OSSORIO: He had to fill out the application, credit report,
show experience again and fill out the whole packet.
MR. L YKOS: Was it similar to being a new licensee?
MR. OSSORIO: Very similar.
MR. LaCHANCE: I took the license -- the building and law
exam once again, passed it again.
VICE CHAIRMAN JOSLIN: One last question. The current
fees that we have issued now just came out here recently, correct--
MR. OSSORIO: Yes.
VICE CHAIRMAN JOSLIN: -- or this past year? Ifwe go back
three years, then are we going to go then on his fees as far as for the
previous years, will they be the reduced fee rate?
MR. OSSORIO: No, they'll be the new fees. They'll be the new
fees. That's why Mr. LaChance is probably not going to want to pay
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his fee under protest today. Because ifhe pays it, then we're looking
at maybe a month or two to get in front of the board, and then he has
to petition the board to receive his money in return.
So he wants to do it on the front end, which makes sense. But we
support him.
MR. ZACHARY: Mr. Chairman, for a little background, I have
spoken to Mr. LaChance before. And the reason I told him that he
needed to go in front of the Board of County Commissioners was that
that's their fee, they set it, and they were the ones that could waive the
fee if they choose to do that.
I know Mr. Ossorio and I discussed that and said that this board
couldn't waive the fee for him because the Board of County
Commissioners sets the fee. So he went in front of the Board of
County Commissioners and they sort of kicked it back to you all for a
recommendation of whether or not the fee was waiveable or whether
or not you wanted to have, like Mr. Ossorio said, some other policy
that all back fees would need to be paid or where there
would be a limit, like three years or something like that.
MR. NEALE: One ofthe powers of this board is -- one of the
duties of this board is to make recommendations to the Board of
County Commissioners on things like fees and ordinance
amendments.
So anything that the board does here would be solely a
recommendation to the Board of County Commissioners, which they
would then adopt, so.
VICE CHAIRMAN JOSLIN: I see. Okay, do we have a
motion? More discussion?
(No response.)
VICE CHAIRMAN JOSLIN: I'll make the motion then. I'll
make the motion that we -- we're going to make a recommendation to
Board of Commissioners to place a maximum amount of three year
licensing fees in arrearage for him so that he can obtain his license.
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MR. OSSORIO: Mr. Chairman, I think that it probably would be
best for it not to exceed three years from the null and void date.
VICE CHAIRMAN JOSLIN: Not to exceed three years. I'll
amend the motion. Motion's on the floor.
MR. L YKOS: Second, Lykos.
VICE CHAIRMAN JOSLIN: All in favor of the motion?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries, five to nothing.
Congratulations.
MR. LaCHANCE: Thank you, gentlemen. Have a wonderful
day.
VICE CHAIRMAN JOSLIN: You too.
Is there a Scott Vail present? Mr. Vail, would you come up to
the podium please and be sworn in.
(Speaker was duly sworn.)
VICE CHAIRMAN JOSLIN: Mr. Vail, would you please give
the board a small insight as far as why you're here.
MR. VAIL: What am I here for? I'm here to qualify a second
company under my current painting license which I obtained under
Painted Perfection, Incorporated in the year 2000.
Basically, we've already gone before Lee County and done the
similar thing and now we're before Collier County trying to enter into
an agreement with Sunshine Ace Hardware to basically promote a
painting program for them selling painting services within their
company.
Also, we being the obviously, quote unquote, installer of those
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services and having complete control over the sales and the install of
the product from start to finish.
VICE CHAIRMAN JOSLIN: So Sunshine Ace sells the paint
and you go and paint it, apply it?
MR. VAIL: Yes, sir, correct. They've been around for a long
time. We've got a longstanding relationship with members of
Sunshine Ace. Michael Wynn is here, in representation of the
company. And just trying to get together and work out, obviously,
another kind of exciting type of deal to kind of shake things up.
And you know, I'm not much to sit around and do the normal
again to try to find something out of the box. That just opens up
different avenues for Sunshine Ace as well as Painted Perfection.
VICE CHAIRMAN JOSLIN: You mentioned that you have
done with this Lee County, is it?
MR. VAIL: Yes, sir.
VICE CHAIRMAN JOSLIN: Is it another Sunshine Ace?
MR. VAIL: Correct, there are -- Lee County, there are a total of
six. Correct. We've got two in Lee County, the San Carlos store and
Bonita Springs, obviously. Well, if we go that route, we're obviously
limiting ourselves, and we want to be able to open up this relationship
and go full force in the areas that we already serve as Painted
. Perfection.
VICE CHAIRMAN JOSLIN: I see.
Does staff have any complaints against this company?
MR.OSSORIO: None. We recommend to approve.
MR. L YKOS: In reviewing this, Michael, I had a question about
the dynamics of the relationship. Is Sunshine Ace Hardware going to
act as a general contractor and then subcontract out to Painted
Perfection?
MR. OSSORIO: No, I believe that he is going to qualify him
under his painting license and then he's going to advertise Sunshine
Ace Hardware painting company. It'd be a painting company. But he
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would be the qualifier of the company and be responsible for any code
issues or any kind of workers' compo or any kind of liability issue, he'll
be responsible.
MR. LaCHANCE: Absolutely.
MR. OSSORIO: No, he's just painting. No general contracting.
I'm assuming that there's going to be some advertisement that says
Sunshine, you know, Hardware can do all your painting needs. And if
he didn't have this second entity, he would be in violation of the
statute and we would give him a fine.
I'm not saying that Sunshine Ace is going to be doing the work.
They could if you approve it today but they want to advertise as a
painting company, which makes sense.
MR. LaCHANCE: With a correction, Mr. Ossorio. They wanted
-- they want to advertise obviously the painting services not as a
painting company, obviously, Painted Perfection having complete and
total control as we would in our own day-to-day painting operations as
far as the overview of the install and everything as far as, like he said,
assuming all of the responsibilities, the liabilities as well.
MR. L YKOS: Who does the customer pay?
MR. VAIL: The customer will pay Sunshine Ace.
MR. L YKOS: And then Sunshine Ace would pay --
MR. VAIL: Sunshine Ace will pay Painted Perfection, correct.
MR. L YKOS: Painted Perfection. Therein lies my question.
That's a subcontractor relationship.
MR. OSSORIO: Yeah, but it's related to the field of painting. So
I have no problem with a painter hiring another painter to do some
painting jobs.
MR. NEALE: He is actually qualifying Sunshine Ace.
MR. OSSORIO: So there's no --
MR. L YKOS: I understand that. It just seemed like there was a
subcontractor relationship going on.
So that was the question I had about this. So if you're fine with
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. M'k?
It, Ie.
MR. OSSORIO: Yeah, we're fine with it.
MR. L YKOS: Okay.
VICE CHAIRMAN JOSLIN: Do you have any large franchises
that you do business with besides Sunshine Ace?
MR. VAIL: No, sir, not at this time.
MR. OSSORIO: The big ones, the Home Depot and the Lowes,
they are a general contractor and they also have a, I think, a
mechanical contracting license as well. Ace just wants to get a
specialty license, so that's fine.
VICE CHAIRMAN JOSLIN: What's the pleasure of the board?
MR. L YKOS: I make a motion that we approve Scott Vail as a
qualifier for Sunshine Ace Hardware as a second entity.
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: A motion and a second on the
floor. All in favor.
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries. Congratulations.
MR. VAIL: Thank you, gentlemen.
VICE CHAIRMAN JOSLIN: By the way, all your paperwork
that you will need to complete this at the Collier County will not be
there today until we leave this office here, the meeting. So any time
probably after tomorrow morning.
MR. VAIL: Not a problem. Thank you, Mr. Joslin.
VICE CHAIRMAN JOSLIN: You're welcome.
Okay, looking for a Maharay Borrego. Would you please come
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forward, please, to be sworn in.
(Speaker was duly sworn.)
VICE CHAIRMAN JOSLIN: Did I say your name some kind of
correctly?
MS. BORREGO: Maharay.
VICE CHAIRMAN JOSLIN: Maharay, okay. And the last
name IS --
MS. BORREGO: Borrego.
VICE CHAIRMAN JOSLIN: Borrego, okay. Ms. Borrego,
would you please tell us a brief review of -- we've got some
information in front of us regarding credit status.
MS. BORREGO: Yes, I'm trying to run my business as legal as
possible. And we're doing right now sales, distributor of kitchen
cabinets. However, because of a house that I bought in '06, I lost --
bought in '05 and lost in '07 because of the foreclosure, my credit is
the way it is right now.
As far as the business, I've done about 40 different sales between
Collier and Lee County. And I can show you my contracts with my
customers, never had a problem with any of them.
VICE CHAIRMAN JOSLIN: What type of business is this?
MS. BORREGO: Kitchen cabinet sales.
VICE CHAIRMAN JOSLIN: Kitchen cabinet sales.
MS. BORREGO: Yeah, design of kitchen cabinets and--
VICE CHAIRMAN JOSLIN: Install also?
MS. BORREGO: Well, we're subcontracting the sales, but what
I'm trying to do is I'm trying to get my own installations done.
MR. L YKOS: I'm uncomfortable with the pending bankruptcy.
And I'm also uncomfortable that this is -- I'm going through this file. I
was a little bit confused about exactly the entity of the business that's
-- is this an ongoing business, is this a new business?
I have a problem with the pending bankruptcy. I just have a
concern that this will be a viable business moving forward.
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June 18, 2008
MS. BORREGO: Okay, it's not -- it was pending bankruptcy
back in March and April, but right now I'm working with every
company, except that mortgage company, of course, to pay all my
debt, which I'm doing that right now. I'm working with a credit
company in Broward County.
And as far as the business, it was established, incorporated in '03
and I've been doing business as a small, you know, family operated
business since '03.
In Collier County, I bought two properties, one which I bought
and sold. The second one, now the bank got it from me, is selling it
$200 less. So that's why my credit is the way it is.
I also have my real estate license and I'm working with a local
company, so I'm a professional person, I'm working. I'm just trying to
do everything the right way.
MR. L YKOS: I understand.
MR. OSSORIO: Mr. Lykos, if you turn to page -- unfortunately
they're not numbered, but you can look on -- in balance, and it says
Maharay's Kitchen Interiors, Incorporated, the second one. I have a
question. It says collection, date, place, '04, 2008 open account
original balance, outstanding balance, then it says agency, city, Office
Depot, collection. And I think that has something to do with her
business.
MS. BORREGO: That's a $300 credit card that was paid two
weeks ago. I don't know why they're reporting it as not paid, but it has
been paid. That's the only credit in my business right now. But it has
been paid.
VICE CHAIRMAN JOSLIN: I think we'll turn to Mr. Neale.
Can you give us a little guidance here on this credit application versus
individual and her business?
MR. NEALE: Well, since the business has been in existence for
more than one year, you're looking primarily at the business credit
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report. And the rule, Florida Administrative Code has the Rule
61.GA-15.006, defines financial responsibility. And it's defined as the
ability to safeguard that the public will not sustain economic loss
resulting from a contractor's inability to pay his or her lawful
contractual obligations.
The grounds on which the board shall refuse to qualify an
applicant include failure to submit an application. The application has
been submitted.
The existence within the past five years preceding the application
of an unsatisfied court judgment rendered against the applicant based
upon the failure of the applicant to pay its just obligations to parties
with whom the applicant conducted business as a contractor.
C, an unfavorable credit report or history as indicated by any of
the documents as submitted.
D, a determination by the board that the applicant lacks the
financial stability necessary to assure compliance with the standards
set forth in subsection one of this rule.
And then the applicant's history of bankruptcy is included in the
statutory definition of financial responsibility and shall be considered
by the board. However, the fact that an applicant has been or is a
debtor in bankruptcy shall not be the sole basis of the board's
determination to deny the issuance of a license or a request for change
of status.
So those are the rules under which the board operates.
MR. JERULLE: You said you paid the $300?
MS. BORREGO: Yes.
MR. JERULLE: Do you have proof?
MS. BORREGO: Not with me here. I have it at home. I can
take it somewhere tomorrow.
VICE CHAIRMAN JOSLIN: There's a lot of items on this credit
app.
Is there anyone else in the company with you besides yourself?
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June 18, 2008
MS. BORREGO: Excuse me?
VICE CHAIRMAN JOSLIN: Is there anyone else in the
company with you besides yourself?
MS. BORREGO: Myself, my husband, my sister, my mother,
everyone works together with me doing sales.
MR. L YKOS: This company's been in business since 2003; is
that correct?
MS. BORREGO: Yes.
MR. L YKOS: Unless I'm missing something, Michael, I don't
see anything in here for the business's credit report. I mean, I see the
three items for legal filings and collections, but I don't see anything in
my packet for the business itself.
MR. NEALE: There is a credit report for Maharay's Kitchens --
MR. OSSORIO: It's the previous page.
MR. NEALE: It's immediately before the election -- notice of
election to be exempt. It's a two-page credit report.
VICE CHAIRMAN JOSLIN: Oh, that credit report. I see a high
balance of $400; is that right?
MR. OSSORIO: No, high balance is 300.
VICE CHAIRMAN JOSLIN: Three hundred?
MR. L YKOS: This page? There's a total of three items on this
page, correct?
VICE CHAIRMAN JOSLIN: Right. That's what I'm looking at,
it's the 4/29/08.
MR. L YKOS: So in five years, this company's had credit with
three different creditors?
MS. BORREGO: Three different ones? Which ones?
MR. L YKOS: Office Depot. That was a legal filing from Office
Depot. I think the next one down is the Office Depot account
information.
And then there was one reported trade experience, which
probably is the Office Depot again. It's the same credit limit and the
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same balance. The information is the same.
So there's no other credit information for the business other than
Office Depot.
MS. BORREGO: The way that I do business is I get -- the
money that I get as a 50 percent deposit from my customers, I turn
around and go buy the product that I have to buy and turn around and
install the cabinets and then pay the rest. I don't really have a need to
have credit with any company.
MR. L YKOS: You don't have credit with any of the cabinet
manufacturers?
MS. BORREGO: No. I like to go and pay it off. I have about
six different manufacturers that I buy from, and I've never had a
problem. I don't ask for credit, I just go and buy the product. I've been
doing that for the past five years.
I've worked with customers, 20, $25,000 projects that I can prove
to you that their kitchens was installed and sold, and on a time -- you
know, I have a contract, between four to six weeks it gets installed.
I've never had to -- you know, I live from that. I have three children
that I feed from this business, so --
VICE CHAIRMAN JOSLIN: What's the pleasure of the board?
I'm not real comfortable with this, I'll tell you that.
MR. L YKOS: Is there a recommendation from licensing?
MR. OSSORIO: No. Actually, if she pays the $300 fine and you
maybe put her on some kind of a temporary probation for six months
to expire, we have no complaints.
Unfortunately, this case is not uncommon. You see a low score
-- Beacon score. And if it was just for the bankruptcy, you're
absolutely right, you wouldn't see this particular case.
But unfortunately this has been compounded by some medical
problems, compounded by some late fees and also compounded that
she did have some issues on her company credit. And there is no
credit on her company. So this is why you see it today.
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VICE CHAIRMAN JOSLIN: Okay. But again, by her own
testimony she says that she's going to now begin to install kitchens
and cabinets and interiors. Unless I'm missing it, I see no insurance
policy, I see no -- but she's stated that there are other people working
with her. I have a liability policy.
MR. OSSORIO: You see a liability policy. You also see the
notice of the election to be exempt. I believe that she's going to be an
LLC then she's going to be -- exempt herself. And she can exempt up
to three people of her corporation with 10 percent ownership or get a
leasing company or bring us a policy of insurance.
So that's up to the applicant.
MR. L YKOS: How did this company operate previously?
MR. OSSORIO: I hope that she -- strictly as a wholesaler selling
cabinets. She shouldn't be at somebody's residence installing them
and hiring anyone to do the installing.
I have no idea. Have you ever got a ticket from our office
before?
MS. BORREGO: No, nothing.
MR. OSSORIO: Hopefully she was working under the scope of
her business tax receipt, which is probably manufacturing.
MS. BORREGO: Distributor.
MR. OSSORIO: Distributing. We haven't seen her on the job
sites. And I hope that we haven't.
MS. BORREGO: No, I have my home office and I have my
accountant and I have everything under control. But what I've done is
subcontract installers that are licensed and insured.
But now if I do get the license, then we can do everything. That's
what we're hoping to do.
MR. OSSORIO: Mr. Chairman, that would be in violation of the
code, obviously. But be that as it may --
MS. BORREGO: Excuse me, what was that?
MR. OSSORIO: Unfortunately, only a licensed company can
Page 18
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June 18,2008
subcontract out. You are a distributor, the only thing you can do is
distribute to a contractor. And the contractor does the hiring and does
the installing and then gets paid for services. You as a distributor are
prohibited from getting compensated for somebody who's doing some
installing work.
MS. BORREGO: But I could sell my cabinetry.
MR. OSSORIO: You can sell all day, you're absolutely correct.
But you couldn't subcontract out to a licensed company for the
homeowner. You would have to be a cabinet installer. That's why
you're here today.
VICE CHAIRMAN JOSLIN: So we don't want to hear no more
about that. Not right now.
MR. L YKOS: What's the $300 fine for?
MR. OSSORIO: There is no fine. We have never issued a fine
to this young lady.
MR. L YKOS: I thought before you said there was a $300 fine.
MR. OSSORIO: There is, there's -- if you get caught advertising
or subcontracting out outside the scope of your business tax --
MR. L YKOS: Okay.
MR. OSSORIO: -- or your certificate, the minimum fine is 300.
MR. L YKOS: So you don't have one pending, you just said if
this were to go on without our approval, she would be fined --
MR. OSSORIO: Yeah, she would, probably. More than likely
she probably would get caught or something in the future.
MS. BORREGO: It's not going to happen, right?
MR. OSSORIO: No, of course not.
VICE CHAIRMAN JOSLIN: Are you currently in the process
of paying off some of these amounts that are due --
MS. BORREGO: Yes.
VICE CHAIRMAN JOSLIN: -- that are past due and that you're
working on to try to bring these back up to somewhat kind of current?
MS. BORREGO: Yes, I am, on all of them.
Page 19
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June 18, 2008
VICE CHAIRMAN JOSLIN: Do you feel that this license is
going to help you do that?
MS. BORREGO: Yes.
VICE CHAIRMAN JOSLIN: Well, I'm ready to make a motion
then. I'm going to go ahead and I'll make a motion that we approve
Maharay's Kitchens and Interiors, Inc., Maharay Borrego, with a
one-year probation, and in six months to bring us another credit app.
and also come before the board. And I want to see a copy of this
credit app. Also for the business for the past six months and the
individual.
And if things are some kind of in line, then it will continue for
another six months. After that six months you'll come back again.
And if that works good next year, then after that, you're on your own.
And also, she has to pay the -- there's a $300 charge somewhere that
she has to pay?
MS. BORREGO: Credit card, Office Depot. It's already been
paid.
VICE CHAIRMAN JOSLIN: Proof to the staff that that has
been paid. If it has not been paid, this is all by the wayside.
MS. BORREGO: Okay.
VICE CHAIRMAN JOSLIN: And one last thing. Just to make
sure that we're talking about the same thing, you've told us that this
has already been paid, correct?
MS. BORREGO: Yes.
VICE CHAIRMAN JOSLIN: So I don't want to see any invoices
or checks come in here dated after today.
MR. OSSORIO: No problems.
MR. L YKOS: Can somebody restate that for us?
MR. NEALE: The way I have the motion is that Mr. Joslin has
moved that it be approved on a probationary basis with her operating
under the supervision of the Contractor Licensing Board and staff for
that one-year.
Page 20
June 18, 2008
Six months from this meeting she is to return with an updated
credit report and financial information. At that point the board will
review that information, and if it is acceptable, she will be allowed to
practice contracting for another six months, again under the
supervision of the board.
If it's not acceptable at that point, her license will be terminated.
If she is allowed the additional six months, then she comes back and
reports at the end of 12 months. If the report is satisfactory at that
point, she's then granted an unrestricted license.
If it's unsatisfactory at that point, then the board will determine
what to do with her license at
that point.
Is that correct, Mr. Joslin?
VICE CHAIRMAN JOSLIN: Yes.
MR. HERRIMAN: I second the motion, Herriman.
VICE CHAIRMAN JOSLIN: I've got a motion and a second on
the floor. All those in favor. Any discussion first before we vote on
it?
MR. L YKOS: Yeah, I think I would just impress upon you,
Maharay, that I'm uncomfortable with this. Don't step outside the
lines of what your license allows you to do.
If you have employees, make sure you have workers' compo If
you're going to -- don't do anything wrong. If you don't understand
what that means, talk to contractor licensing and make sure you
understand the limits of your license, okay.
I don't think any of us here would be very happy if we find out
that you did somebody improper.
MS. BORREGO: I wouldn't be here. I've been trying to do
everything that I have to do.
MR. L YKOS: I appreciate that. But we've also found out that
you may have been doing things incorrectly in the past because of a
lack of understanding.
Page 21
June 18, 2008
What I'm impressing upon you is make sure you understand.
Don't come here and say I didn't understand, I was ignorant to what
the rules were, okay. I want to impress upon you that you find out
what the limits are and you work within those limits.
MS. BORREGO: Okay.
MR. L YKOS: Okay?
MS. BORREGO: I will. Thank you.
VICE CHAIRMAN JOSLIN: With the credit history that we see
before us now, this is probably one of the very first times in all my
years on this board that someone has gotten a license, even a
temporary license. So please don't abuse the fact that we're trying to
help you.
MS. BORREGO: I appreciate it. It's going to be a lot better in
six months, I guarantee it.
VICE CHAIRMAN JOSLIN: All those in favor of the motion.
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
Again, you won't be able to pick up any paperwork until
tomorrow.
MS. BORREGO: Okay, thank you.
VICE CHAIRMAN JOSLIN: James Stephenson, are you
present? Come up and be sworn in, please.
(Speaker was duly sworn.)
VICE CHAIRMAN JOSLIN: Mr. Stephenson, you're here for
the same basic reason, the reviewing of your credit report. Can you
tell me what type of license you have, first?
Page 22
June 18, 2008
MR. STEPHENSONON: This is a fence contractor's license.
VICE CHAIRMAN JOSLIN: Fence contractor.
MR. STEPHENSONON: I want to move it from one entity to
another. The blemish that you see on the credit report is an IRS tax
lien from November of last year.
VICE CHAIRMAN JOSLIN: Can you give us a little bit of
insight on what happened.
MR. STEPHENSON: I don't owe the money so I'm not going to
pay it. And it's in the tax advocate's office now. There is a hearing
scheduled. I also included a letter from the tax advocate's office that it
was to be resolved at the end of May. But of course the federal
government doesn't always work under those constraints, so it hasn't
been adjudicated as yet.
But I don't owe the money so I am not going to pay it.
VICE CHAIRMAN JOSLIN: What makes you feel that you
don't owe the money? I mean, what are they telling you that you're
telling them?
MR. STEPHENSON: Has to do with a return that was filed
about two weeks late. And if you don't file a return, you don't tell the
IRS to do with your money, the taxes were already paid, so they
confiscate your taxes.
And the return was filed late because of a lot of personal discord
in my life. I lost a wife and I had a partner die in a plane crash in the
same year. And I was a little emotionally unfit to file my taxes at the
correct time.
VICE CHAIRMAN JOSLIN: How late was it?
MR. STEPHENSON: Two weeks.
VICE CHAIRMAN JOSLIN: Two weeks over the April 15th
date?
MR. STEPHENSONON: No, over the extension date.
VICE CHAIRMAN JOSLIN: The extension date.
Page 23
June 18, 2008
MR. STEPHENSONON: The taxes were paid.
VICE CHAIRMAN JOSLIN: Were they paid prior to the --?
MR. STEPHENSON: Oh, yes, they were paid on time.
VICE CHAIRMAN JOSLIN: Do you have proof of that?
MR. STEPHENSON: Not with me. I do have it.
VICE CHAIRMAN JOSLIN: Have you given proofto the IRS
that -- you have receipts or something showing that it was paid?
MR. STEPHENSON: Sure. This is -- they take your money and
then it's -- because you did not tell them where to put it, that money
now belongs to them and then when you file your return, they want
you to pay it again. Yes, this is a new law in the IRS.
MR. HERRIMAN: So how much do they say you owe?
MR. STEPHENSON: The tax liens are for 39,000.
MR. HERRIMAN: And you're hopeful that it's going to get
solved soon, never?
MR. STEPHENSON: Well, again, it's in the hands of the IRS,
please note that since November.
The tax lien is a collection technique and an intimidation
technique used by the IRS on a very common basis to bring me here
today, make my life miserable.
But I do not owe the money, I've already paid my taxes. I'm not
paying them twice.
VICE CHAIRMAN JOSLIN: Okay.
MR. STEPHENSON: I mean, you asked for testimony under
oath, and that is the truth.
VICE CHAIRMAN JOSLIN: We appreciate that. That's what
we expect.
One other item on here, on Page 5, or it looks like. I'm not sure
-- there's a file number here for a Pulaski Superior Court, in Arizona?
MR. STEPHENSON: That's actually Arkansas.
VICE CHAIRMAN JOSLIN: Arkansas. I'm sorry.
MR. STEPHENSONON: And that's from 1995. And honestly, I
Page 24
June 18, 2008
don't know what that is, but I've contacted the credit bureau for
verification and I've also contracted Pulaski County. I expect that to
be dropped. From some guy named Jet.
VICE CHAIRMAN JOSLIN: How long ago have you talked to
these people? How recent have you talked to those people as far as --
MR. STEPHENSON: Since I've tried to get this changed.
VICE CHAIRMAN JOSLIN: In the past month or two months,
whatever?
MR. STEPHENSON: Yeah. I didn't know that was on there. It
hasn't been on prior credit reports.
VICE CHAIRMAN JOSLIN: Everything comes up when you
get your license.
MR. OSSORIO: Mr. Chairman, just to make sure we're all on
the same page. This gentleman has a -- Mr. Stephenson has a fence
contracting license under Wall Tech, Incorporated.
He has elected to go ahead and dissolve that particular company
and move to a different company. And when you do this, you have to
update your -- it's a new license, you have to update your insurance,
credit report. And this is where the quagmire sits.
He submitted and he got caught with these liens. So he's in
between, am I correct?
MR. STEPHENSON: Correct. Both companies are still active at
this moment.
MR. OSSORIO: Yes. But you want to have Lykens Signs be a
fence company.
MR. STEPHENSON: Right.
MR. OSSORIO: And they're not.
MR. STEPHENSON: That's correct.
MR. OSSORIO: They're many different -- they have different
licenses but they're not a fence company. So he wants to, not qualify
a second company, he wants to dissolve one and qualify the other one.
So this is where we're at today.
Page 25
-.." .._..._--_.'"."~_.._-_._--~,_.._""--
June 18, 2008
MR. JERULLE: Why do you wish to do that?
MR. STEPHENSON: I'm a primary shareholder in both
companies. And one company -- I have dual insurances, dual
workmen's comp, dual liability. And business is such that in the fence
contracting business that it's just not there. So we want to close that
company. We want to get rid of the overhead.
MR. BOYD: For the record, I know Mr. Stephenson, he's a
competitor, and he's probably one of the best competitors I could have
out there. And I have nothing but good to say about how he does
business.
MR. STEPHENSON: Thank you.
VICE CHAIRMAN JOSLIN: That's a good input.
MR. L YKOS: I have two comments. One is if you look at Mr.
Stephenson's credit report, it couldn't be any better.
Number two, I've also known Mr. Stephenson for several years,
as a friend and also in business, and I've used him as a subcontractor,
and I've actually been in a membership -- a business management
group with Mr. Stephenson, and I can't imagine sharing or gaining
information from a more upstanding business person than Mr.
Stephenson.
VICE CHAIRMAN JOSLIN: Also, aren't we in the same
situation as the last case with the credit application being --
MR. NEALE: Particularly with a businessman that's been in--
now, the difference is the new business is brand new. So you do have
to look at his personal credit status.
But the test is whether the board feels that the community would
potentially suffer harm by him being granted a license.
MR. STEPHENSON: Actually, the new business is not new. It's
been around for a long time.
MR. NEALE: Okay, so I misspoke. So then if the new business
has been around for a long time, then you look around to the quote,
unquote, new business that's been in business for a long time and look
Page 26
June 18, 2008
to their credit report.
VICE CHAIRMAN JOSLIN: Right, okay. Kind of what I
thought.
MR. JERULLE: What license does the new business have, so to
speak?
MR. STEPHENSON: Electrical sign contracting license.
MR. JERULLE: That's the only license that it has? And you're
just going to move the --
MR. STEPHENSON: Fence contracting license into that
business.
MR. OSSORIO: You also have a painting license, am I correct?
MR. STEPHENSON: No. That's a different Wall Tech, I
believe.
MR. OSSORIO: I mean, you're the qualifier of the company.
You're the qualifier of the company.
MR. STEPHENSON: For Wall Tech? You may have the -- on
Taylor Road?
MR. OSSORIO: Yeah, if you look at the business tax receipt,
the third one down. I don't know if you have your packet in front of
you.
MR. STEPHENSON: I actually do not.
MR. OSSORIO: I stand corrected -- he wants a painting license.
VICE CHAIRMAN JOSLIN: One last question. What is Wall
Tech, Incorporated?
MR. STEPHENSON: It's a firm for a fence building company.
There's no -- I mean, it's clean, there's nothing. We put up perimeter
fences.
VICE CHAIRMAN JOSLIN: Perimeter fences. This is a license
you also hold, though?
MR. STEPHENSON: I am the licensee holder for that. I'mjust
trying to close that company as an entity and take the license and
move it into Lykens Development Specialties -- Lykens Sign Tech
Page 27
June 18, 2008
Development Specialties. Gee, I forget our name.
VICE CHAIRMAN JOSLIN: Any other discussion, gentlemen?
What's the pleasure of the board?
MR. L YKOS: I make a motion to approve the transfer of the
license from one entity to the other entity --
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: -- I'm not sure I remember the
names.
We've got a motion on the board. Got a second?
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: Motion and a second. Any
discussion? All those in favor of the motion?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
MR. STEPHENSON: Thank you.
VICE CHAIRMAN JOSLIN: You're welcome. I wish you luck
on that tax lien also.
MR. STEPHENSON: Oh, I -- it's in the bucket, done.
VICE CHAIRMAN JOSLIN: All right, one more here, Noel
Sinclair. Are you present? Please come up and be sworn, please.
(Speaker was duly sworn.)
VICE CHAIRMAN JOSLIN: Mr. Sinclair, you're currently in
the electrical business; is that correct?
MR. SINCLAIR: Yes, actually.
VICE CHAIRMAN JOSLIN: There's some issues with your
credit report?
Page 28
June 18, 2008
MR. SINCLAIR: Yes. Pretty much my credit score actually
been low for the -- like the past three months, something like that, four
months. So, I'm working on an issue right now to get my credit score
increased. Right now it's actually low, but I'm working on it.
MR. OSSORIO: Mr. Chairman, just to give you some
background on Mr. Sinclair. He is from West Palm Beach. And the
board -- the licensing board and the contractor licensing department,
we made a policy that any particular person from West Palm Beach
who wishes to obtain electrical license would have to petition the
board due to the fact that we want to make sure that we're invest
energy, time and taxpayers money to do the necessary work to get him
registered properly with the State of Florida.
Mr. Sinclair has technically moved, hypothetically, from West
Palm Beach and he has a residence here and he's going to be
conducting business. So that's the first part.
Second part is any credit score this low and this kind of issues
with not paying his bills, we have no way to navigate through his
company credit, especially if he's going to be an electrical contractor.
One of the things that we're going to registering with Tallahassee is
that we're going to bring it to the board.
And if you do grant him a particular license, if you do temporary,
I request that you let
Mr. Sinclair knows that we will not be issuing any kind of
reciprocity letter for one year of today to West Palm Beach. Just to
make sure that he is not trying to get a license here from our
department. Because West Palm Beach with his credit score would not
allow it.
So I want to make sure that if we do this, we do it accordingly
and by policy we set back last year.
MR. SINCLAIR: That's not a problem. I'm actually here to stay
in Collier County.
MR. OSSORIO: Have you ever gone through the construction
Page 29
June 18, 2008
industry board over in West Palm Beach?
MR. SINCLAIR: No, not yet.
MR. OSSORIO: Okay. And you have no plans to do that?
MR. SINCLAIR: No, not at all.
VICE CHAIRMAN JOSLIN: How long have you been here in
Collier County now?
MR. SINCLAIR: About a month.
VICE CHAIRMAN JOSLIN: About a month.
MR. SINCLAIR: Yes.
VICE CHAIRMAN JOSLIN: How do you like it?
MR. SINCLAIR: It's pretty good. Just got to learn this area.
VICE CHAIRMAN JOSLIN: It appears you've been in the
electrical business a long time.
MR. SINCLAIR: Approximately, yes.
MR. OSSORIO: Mr. Sinclair, you are a journeyman, correct?
MR. SINCLAIR: Actually, yes, a journeyman for four years. I
took a test in Collier County.
MR. OSSORIO: We sponsored you and you took all the
requirements over in Palm Beach, right?
MR. SINCLAIR: Correct.
VICE CHAIRMAN JOSLIN: Also, I'm not really certain what
the degree of difficulty is, but to pass through the Florida Department
of Education and get an apprenticeship license, or certificate is pretty
good. Back in '04. Not many people will go to school and learn.
MR. OSSORIO: Yeah, Mr. Chairman, I don't think there's any
question that this gentleman is qualified to sit for the exam or even
pass -- obviously he passed the exam. So this credit score and him
from West Palm Beach, our office thought we'd bring it to your
attention.
MR. JERULLE: Why is your credit score so poor?
MR. SINCLAIR: Pretty much based on the economy. I fell back
a little bit, I got injured and I stopped working for awhile and, you
Page 30
_'_'~'____m____"_"_"'___",_,____,~~_,_~~_,~_,,_;,__.__"~_'"__"'_'_''"_'._'_''''_'''''''"'~'__'_'''____..,,,_,,.'''._,_. ___ .'___.__..
June 18, 2008
know, things kind of fell back with me.
So now I'm actually making all the payments now, trying to get
on track but ran out of time. And you know, based on credit score, it
takes time for it to actually move up.
VICE CHAIRMAN JOSLIN: Do you own property here?
MR. SINCLAIR: No, none at all.
VICE CHAIRMAN JOSLIN: Mr. Ossorio, what's your
recommendation?
MR. OSSORIO: I recommend that we approve Mr. Sinclair's
license, pending the state registration. And if we could request him
not to have any reciprocity letters sent to West Palm Beach for one
year of the date of issued the state registration.
VICE CHAIRMAN JOSLIN: Any other discussion by the
board?
MR. JERULLE: I'd like to have him come back in six months,
see how his credit score is.
VICE CHAIRMAN JOSLIN: You want to put it into a motion?
MR. JERULLE: Go ahead.
VICE CHAIRMAN JOSLIN: All right, anyone else?
MR. L YKOS: Well, whoever's going to make the motion, I'd
like -- I mean, we -- that woman with the kitchens, we gave her some
pretty strict guidelines, and I think that this gentleman deserves at least
that much, if not more, restrictions, on getting the license, if we
choose to give him one.
He's new to the other area; he's been here less than a month. I
think that if we're going to allow him to get his license, we need to be
a lot more restrictive in probation and his requirements to come back
to the board.
MR. JERULLE: I agree.
VICE CHAIRMAN JOSLIN: Someone want to put that to a
motion or are you waiting for me?
MR. L YKOS: You're so good at it.
Page 31
June 18, 2008
VICE CHAIRMAN JOSLIN: All right, Mr. Sinclair, sounds like
the consensus of the board is that we're going to go ahead and grant
you this license. But also we're going to put you also on a one-year
probation period.
I'd like to see some of these items on your credit report get
cleaned up in the meantime. And you will have to again report here
before us within six months with a new credit application. If there has
been some activity on it whereas you are reducing the amounts that
you owe and there's been nothing derogatory towards your electrical
business, then you will carry on for another six months. After that it
will turn into a year. You will come back again.
And at any time, as Mr. Ossorio has stated, your reciprocity will
not fall back to West Palm Beach or Palm Beach County in any way
to grant you a license there versus here, which I'm sure Mr. Ossorio
probably will head a letter, and maybe I'll sign it just to verify that
that's going to happen and Palm Beach is aware of it.
Otherwise, at this moment that is the motion.
MR. SINCLAIR: Not a problem.
VICE CHAIRMAN JOSLIN: I need a second.
MR. JERULLE: Second, Jerulle.
VICE CHAIRMAN JOSLIN: We have a motion and a second.
Any further discussion? Anything else we missed, we want to add?
(No response.)
VICE CHAIRMAN JOSLIN: No. We got a motion and a
second. Everybody in favor of the motion, signify by saying aye.
(No response.)
VICE CHAIRMAN JOSLIN: Did we miss something?
MR. L YKOS: I'm just uncomfortable with this one.
VICE CHAIRMAN JOSLIN: Aye.
MR. L YKOS: I haven't been convinced yet that this is the right
thing to do.
MR. NEALE: Question has been called. The board does have to
Page 32
June 18, 2008
vote.
VICE CHAIRMAN JOSLIN: There's a vote.
MR. BOYD: Aye.
MR. JERULLE: Aye.
VICE CHAIRMAN JOSLIN: Any opposed?
MR. L YKOS: Aye.
MR. HERRIMAN: Aye.
VICE CHAIRMAN JOSLIN: Motion carries, three to two.
Now you can understand our concerns, all right. And the reason
why that I'm a little bit more lenient to you is because of the history
and your capabilities of being an electrical contractor -- or electrical
person. You've been at the business a long time. Everyone goes
through some bad times. So now is an opportunity for you to get it
together and try to work yourself out.
In the meantime you're going to be under our supervision
watching you do the work. So if you're willing to do that, then this is
why it's here.
MR. SINCLAIR: Thanks.
VICE CHAIRMAN JOSLIN: Motion carries, you're all done.
It's approved.
What did you do to your neck?
MR. SINCLAIR: Actually, I got in a car accident.
VICE CHAIRMAN JOSLIN: How are you going to pull wire
with your neck like that?
MR. SINCLAIR: There's going to be some 90-degree jobs.
VICE CHAIRMAN JOSLIN: All right.
MR. SINCLAIR: All right. Thank you.
VICE CHAIRMAN JOSLIN: You're welcome.
That ends old business. We've got two -- wait, we have one
more, sorry.
MR. OSSORIO: We have the Greg Rearden.
VICE CHAIRMAN JOSLIN: Greg Rearden, please come
Page 33
June 18, 2008
forward, please.
MR. OSSORIO: Mr. Chairman, I'll just go ahead and give you a
big quick overview real quick. Greg Rearden is a licensed contractor
with the State of Florida. He's state registered. He's doing business as
AVI.
Unfortunately, Greg didn't renew his certificate with our office
within the time frame. And when you don't you go null and void. And
if it's been three years since you've taken the exam, then you have to
retest.
This case is a little bit different from the previous ones. We had,
in the past, similar specialty contractors who didn't renew during the
time frame, and you elected them to take the exams again. Mr.
Herriman puts it, you know, you didn't do your continuing education,
you didn't do anything with your state license, take the exam again.
This particular case is a little bit different. He has kept his state
registration up, and he has kept his continuing education, he has a
license in other jurisdictions. But he's locally licensed by us, so we
have the jurisdiction.
So what I'm asking you today is clearly, simply waive the testing.
I think it would be a service to him. I think it would be superfluous to
the job he does. And I recommend to waive the testing so he can
apply for a license and reinstate his certificate. He already has a state
registration as well. It's current till 2008, end of 2008.
And with that --
(Speaker was duly sworn.)
VICE CHAIRMAN JOSLIN: Good morning, Mr. Rearden.
MR. REARDEN: Good morning.
VICE CHAIRMAN JOSLIN: What did you do, forget your
license or what?
MR. REARDEN: Yes, that's exactly what happened in the
nutshell of everything. The responsibility is mine, no doubt.
However, I delegate those type of things to secretaries,
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June 18, 2008
accountants, whatever. That particular secretary is a little bit more
special, because the secretary is my wife, my wife of 31 years. And
she in no way would ever let that expire if she had been notified.
She has kept up and current with everything possible within my
business, including it's in the Workmen's Comp qualifications, any
other licenses that are recommended for any other counties.
Continuing education, I'm actually passed all the continuing education
this month. It's up for renewal on August 31 st. The check's in the
mail already. Here it is June and I don't even need to renew that
license until August.
So we do keep up to date and current on absolutely everything.
I have no idea why and how this slipped through the cracks, but it did.
And I really have no excuse. I'm at your mercy at this point.
But I am supposed to renew my license every year, it's $72. There's
no reason why I couldn't pay it. My credit's impeccable. I don't have
any liens; I don't have any problems with my business. In general I
really don't have any debt other than the building that I'm purchasing.
So I've been in business 12 years, and I'd like to do business 12
more, if not more.
MR. NEALE: Just for the reference of the board, the relevant
section of the Collier County ordinance is, in the codified version,
22-l84.C. And the relevant portion of that says that the board may
consider the applicant's relevant recent experience and the specific
trade, and based upon such experience may waive testing
requirements if convinced is qualified by experience whereby such
competency testing would be superfluous.
So that's the relevant test for the board in this instance.
MR. JERULLE: So you do low voltage?
MR. LaCHANCE: Yes, sir.
MR. JERULLE: What else do you do?
MR. REARDEN: Well, low voltage carries quite a few things.
We do anything absolutely low voltage, for that matter, including
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June 18, 2008
security, which is what my license is under, security, central vacuum,
intercom, audio, video of any type, central vacuum, cameras, phone
systems, anything of that nature.
The only thing that I've been asked to do that I don't do is low
voltage lighting outside. However, we do residential lighting too as
well for high end homes and so forth. We've actually done work for
your company too, sir, along with Chairman Dickson.
And by the way, I'd just like to make it for the record that my
condolences go out to Les Dickson's mother-in-law.
VICE CHAIRMAN JOSLIN: Thank you much. I'm sure he'll
appreciate that.
MR. JERULLE: Mr. Rearden, what other license do you hold?
MR. REARDEN: What other license--
MR. JERULLE: I thought Mr. Ossorio said you had other
licenses.
MR. OSSORIO: No, when you're state registered you have to --
unfortunately you have to -- probably the chairman can elaborate on
this. But you have to register in every county you want to work into.
MR. JERULLE: Yeah.
MR. OSSORIO: So he probably has, I don't know, seven or
eight counties that he's going into, local jurisdictions --
MR. JERULLE: I thought there were other licenses.
MR. OSSORIO: No, the only license he has is the alarm system
one, contracting one.
VICE CHAIRMAN JOSLIN: Gentlemen? I don't think it's
really too much of an issue, do you?
MR. JERULLE: No, he's -- if the code said that he's qualified, I
believe he's qualified.
VICE CHAIRMAN JOSLIN: I make a motion that we approve
-- Mr. Rearden and we waive his testing requirements so he can be
relicensed again.
MR. L YKOS: Second, Lykos.
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June 18, 2008
VICE CHAIRMAN JOSLIN: We have a motion and a second.
Any discussion?
(No response.)
VICE CHAIRMAN JOSLIN: All in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
MR. REARDEN: Thank you, gentlemen.
VICE CHAIRMAN JOSLIN: You're welcome.
All right.
MR. OSSORIO: Mr. Chairman, you want to take a quick--
VICE CHAIRMAN JOSLIN: You want to take a quick break for
the reporter? Let's -- how about ten -- by 10:15, 10:18, thereabouts,
we'll reconvene. We'll adjourn for that time.
(A break was taken.)
VICE CHAIRMAN JOSLIN: Good morning, once again. And
I'll call back Collier County Contractor Licensing Board meeting, June
18th. We have Case No. 2008-09, Ronald 1. Ryan, d/b/a Stone-Crete,
Incorporated.
Are you present?
MR. RYAN: Yes.
VICE CHAIRMAN JOSLIN: Please come up to the podium and
be sworn in, please.
MR. OSSORIO: Mr. Chairman, before we get to that I'd like to
make an opening statement real quick.
Mr. Ronald Ryan, d/b/a Stone-Crete, Incorporated, has decided to
plead to the charges and go to the penalty phases. And I'll read you
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~.._-,._-~.._--"'-"'_....- '-"-"'-"'-'--'-"-""-'-_.._-_._~_._~~,_._-_..-,..
June 18, 2008
the count one and count two.
Before we get to that, I'd like to go ahead and submit composite
Exhibit A to be approved.
VICE CHAIRMAN JOSLIN: Make a motion to approve
composite Exhibit A.
I need a second, gentlemen.
MR. L YKOS: Second, Lykos.
VICE CHAIRMAN JOSLIN: All in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
So moved.
MR. OSSORIO: For the record, Mike Ossorio, Collier County
Licensing Supervisor. I will be presenting the case. It's contractor
licensing case 2008-09.
Count one, disregard or violates in the performance of his
contracting business in Collier County any of the building, safety,
health, insurance of workers' compensation laws of the State of
Florida or ordinances of this county.
Count two, 4.1.20, signing a statement with respect to project or
contract falsely indicating that the work is bonded, falsely indicating
that the payment has been made for subcontractor work, labor or
materials which result in financial loss to the homeowner, purchaser or
contractor. Or falsely indicate that workers' compensation and public
liability insurance are provided.
And in your indulgence, I'll give you a quick overview, and then
Mr. Ryan will probably talk to you a little bit about it.
February -- on Friday, May 9th, Allen Kennette, one of our
investigators, was on the job site, had noted that Ronald Ryan d/b/a
Stone-Crete, Inc. was doing some work.
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June 18, 2008
He approached the job site, asked if there was workers' compo
He did communicate with Ronald Ryan, there were two individuals
working. And it was determined that, my understanding, that Mr.
Ryan did say that he had insurance and he would provide us with a
copy by fax.
Unfortunately that's not good enough in our business. If we can't
get it in that particular minute or faxed over, the job gets shut down.
The job was shut down under the code for not having adequate
insurance on the particular job site.
Allen Kennette went on vacation that Friday. I assumed
responsibility as the contractor supervisor to go ahead and mitigate
this particular case.
And you can see in your exhibit, to indulge yourself, E-9 --
actually, E-8 and E-9, there was an -- there was a fax copy of a
certificate of insurance. Mr. Ryan's office faxed it over to us.
It if you look at E-9, as I was skimming through it to verify that it
did have proper coverage so I could release the stop work order, it was
note that, you can see halfway through the page, you can see the dates
from 07120 to 07/20/08. And if you want, I can put it on the screen, ifI
could, if need be.
VICE CHAIRMAN JOSLIN: I don't think you really need to do
that. I think it's pretty evident.
MR. OSSORIO: Okay. So I contracted Mr. Ryan and left a
message, and we corresponded by phone. And it was determined that
his excuse was that, yes, indeed, that insurance was false. I did notify
the insurance company, faxed a copy of the false certificate binder to
the insurance company and they did verify that the numbers have been
changed.
Mr. Ryan was very up front with us and just said basically that
his staff, or his secretary or his wife changed the dates and sent it over.
Mr. Ryan has since then obtained workers' comp coverage, and we're
here today that -- find him in violation of the two charges, a $2,000
Page 39
June 18, 2008
penalty for each charge, and a one-year probation.
That's the county's recommendation.
MR. JERULLE: Can you repeat the recommendation, please.
MR. OSSORIO: Recommendation is a 2,000 penalty on each
charge. There are two charges. The first charge is 4.1.6. The second
charge is 4.1.20. That's a $2,000 penalty fine for each charge and one
year probation.
And if you need to, we can -- Mr. Ryan, I know that the board
might want this. The board has the pleasure of having Mr. Ryan call
our office every time he's going to be doing a job. That's up to the
pleasure of the board.
VICE CHAIRMAN JOSLIN: You did say that he did secure a
Workmen's Comp policy now.
MR. OSSORIO: He did.
VICE CHAIRMAN JOSLIN: Is it a paid policy or is it a
monthly policy?
MR. OSSORIO: That's something that Mr. Ryan will go ahead
and talk to you about. I'm not sure.
(Speaker was duly sworn.)
MR. RYAN: It's a paid policy.
VICE CHAIRMAN JOSLIN: Paid policy.
MR. RYAN: For a year, yes. That's the way we've always done
it.
Unfortunately, you know, prior to this I've always carried work
compo I do work for Nassau Pools, Advanced Pools, amongst other
contractors. About in the past year we just really have gotten nothing
from them as far as jobs. And so it's been just me out in the field.
You know, this particular incident I did have employees on the job
and didn't have proper insurance.
VICE CHAIRMAN JOSLIN: So just by your own testimony,
you are admitting that all the charges that are against you, you admit
to?
Page 40
June 18,2008
MR. RYAN: Yes.
VICE CHAIRMAN JOSLIN: And just for the record, you did--
or someone did change the dates on this insurance certificate?
MR. RYAN: Yes. I didn't personally, but, yes, someone at my
office certainly did.
VICE CHAIRMAN JOSLIN: How long have you been a
contractor here?
MR. RYAN: Just over three years.
VICE CHAIRMAN JOSLIN: This is the only license that you
hold?
MR. RYAN: Yes.
VICE CHAIRMAN JOSLIN: You can certainly understand the
severity of this case, not having insurance on the job for sure. I can
understand the situation with having the workload change on you. But
that's pretty much in the works now. Everybody's workload's changed
in the past year.
MR. RYAN: Right.
VICE CHAIRMAN JOSLIN: Does the board have any other
questions of this gentleman?
MR. L YKOS: Is your liability insurance current?
MR. RYAN: Yes.
MR. JERULLE: Do you understand the reason why you need
Workmen's Comp?
MR. RYAN: Yes, I do.
MR. JERULLE: Can you explain that.
MR. RYAN: Basically, if someone gets hurt they're covered. It's
very important that if an employee was to get injured that he's
covered.
I personally did not know that the policy was expired. That's
why when the gentleman came to the job site I said, oh, of course we
have work compo
And then when I called my wife and said, you know, hey, the
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June 18, 2008
county's down here, they say I don't have work compo We do have
work comp., correct?
Yes, yes, we do. I'll fax it right over.
So then I said we will fax over, you know, the work compo policy
immediately. My wife was at her job, but she stopped by the house
and apparently either doctored that or, you know, or whatever --
whoever did it, she says another lady that comes in every two weeks
did it and, you know, anyway, but it was done, and so I do take
responsibility for it.
MR. JERULLE: Do you know who pays the workers if you do
not have workers' comp and if they get injured on the site?
MR. RYAN: No, I don't. What do you mean who pays the
workers?
MR. JERULLE: If one of your workers gets injured on the job
site and you do not have Workmen's Comp, do you know what
happens?
MR. RYAN: We would get sued, I would imagine.
MR. OSSORIO: Mr. Ryan, the homeowner would pay.
MR. RYAN: I mean, it certainly wasn't my intention to have
employees on a homeowner's property without proper insurance. It's
my negligence for not having it, I understand that. But it wasn't my
intention to say, oh, we don't need work compo and I'll just do this
under the radar. I've never run business that way.
I've worked for, you know, lots of reputable contractors that I
have to have all this insurance and very high liability insurance
policies. Since we haven't really been doing any work for them, I've
just been out in the field myself doing the work, you know, as little as
we get.
MR. JERULLE: What type of entity do you have?
MR. RYAN: I have a decorative concrete business.
MR. JERULLE: No what -- is it a--
Page 42
June 18, 2008
MR. RYAN: It's a corporation.
MR. JERULLE: What type?
MR. RYAN: It's an S Corp.
MR. JERULLE: It's an S Corp. And you're exempt?
MR. RYAN: Yes. And my wife is exempt.
MR. JERULLE: How many employees are in the corporation?
MR. RYAN: How many employees? Right now, none, but I
have three employees that I -- or I guess you'd say part-time
employees, they work on an as needed basis, and they are insured
under my current policy.
MR. L YKOS: Mr. Ryan, how long had your previous policy
been lapsed when you were stopped by the licensing?
MR. RYAN: Honestly, I don't know exactly. But a guesstimate
is about six months.
MR. OSSORIO: Mr. Lykos, if you look to exhibit E-7, you'll see
his certificate of detail, and it says Workers' Compensation. The only
thing we have for the county, says -- indicates why, meaning workers'
compo exempt. So the county was under the impression that there
were no employees, and that's why we checked into it further.
MR. L YKOS : Well, let me ask you, Mr. Ossorio, if somebody
has workers' compo exempt and they go out and hire employees and
then get a policy, how will that be recorded at the county?
Would they still have the owner be workers' compo exempt and
have workers' compo coverage for their employees?
MR. OSSORIO: Typically the qualifier does assume some
liability when he gets workers' compo exemption. But if he's going to
have employees, we always tell the applicant and the qualifier that
they must provide us with a workers' compo certificate so we can be
the certificate holder. In case there's some kind of a cancellation, we
put them on inactive status, in case a homeowner calls or something
like that.
So yes, we let them know if they're going to have workers, we
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June 18, 2008
need a certificate either through a payroll leasing company or through
a blanket policy a like the gentleman has today.
MR. L YKOS: What I'm trying to figure out, what my concern is,
Mr. Ryan, is that the policy that you submitted was forged, or altered,
and I really don't know how long you went without workers' compo
I understand that you weren't getting business from pool companies,
but did you go -- it sounds like you went about six months without
workers' compo
MR. RYAN: Not me personally, right --
MR. L YKOS: Your company went six months without workers'
compo
MR. RYAN: Without employees, correct. But I continued to be
workers' compo exempt, which means I can go out in the field and my
wife could go out, you know, and legally perform work at people's
homes or for Nassau or for anybody.
MR. L YKOS: I understand. My concern is that people look at
saving money on workers' compo insurance as a business decision to
not pay that money without regard for the risk that they put their
employees and their clients at.
My concern is that you knew you were without Workers'
Compensation for six months, and what we don't know is how many
jobs you performed where your part-time employees were on-site.
This is not -- this doesn't appear to be a situation where your
workers' compo lapsed and then the next day you went out and
renewed it and had the form sent in. This is something where the
workers' compo had lapsed for at least six months, and then when it
was brought to your attention, you lied about it.
So I don't want this to be presented as a situation where there was
simply an unintentional lapse in coverage. There was a conscious
decision made to let the insurance lapse. It had been lapsed for several
months. And then no new policy was created when -- until you were
caught without Workers' Compensation.
Page 44
June 18, 2008
This could have gone on for 12 months, 18 months, years and
years. And if you wouldn't have got caught or until somebody got
hurt, it never would have been addressed.
My concern is that the business decision that you made was to
not have Workers' Compensation.
MR. RYAN: Well, at the time I did not know that the policy was
expired, so it wasn't an intentional thing where I intentionally decided
not to carry work compo We paid for the year and, obviously, with no
employees, my wife decided, you know, not to renew.
And so you are correct that we don't know -- or you don't know
how long that it went on. But it wasn't an intentional decision that I
made as a business man to say I'm not carrying work compo anymore.
Because it's based on my payroll at the end of the year anyway, so it
wouldn't be in my best interest to not carry it.
We pay a certain amount based on our projected payroll, and
then at the end of the year ifI had no employees for the whole year,
they refund that money. I've been through that with them before
where we projected that we were going to have eight employees, you
know, at $15 an hour, so on and so on, and by the end of the year we
only had three employees, and so what we had paid them, they, you
know, refunded the balance.
So it wasn't a decision that I made to save money, because it
really is based on what you pay in payroll.
MR. JERULLE: If you have Workmen's Compo Mr. Lykos is
saying, you didn't renew the policy.
MR. RYAN: Correct--
MR. JERULLE: There's not going to be any rebate or any adds
if you don't have a policy.
MR. RYAN: But what Mr. Lykos is saying is that we made a
business decision not to --
MR. JERULLE: You did --
MR. RYAN: You know, to renew it --
Page 45
"
June 18, 2008
MR. JERULLE: -- you didn't renew it.
MR. RYAN: As far as -- I felt he was saying, you know, in order
to save money or in order to, you know, do something that wasn't
supposed to have been done.
MR. L YKOS: Well, that's why you're here.
MR. RYAN: Right. I'm here because I didn't have work comp.,
right.
VICE CHAIRMAN JOSLIN: I think that's pretty well admitted
now.
MR. NEALE: IfI could just bring the board's attention. Really,
there's two phases to this in that and the board first has to find that he
has been in violation. That's the first thing the board has to do.
And then they have to discuss, should you find him in violation,
then the board should discuss other matters which I'll bring to the
board's attention in other part of the penalty phase.
So I would suggest that the board first make the determination
that he's in violation, then I'll speak to the board about the relevant
issues as far as the penalty phase, and then you can determine the
penalty, so that may be the way to move forward.
VICE CHAIRMAN JOSLIN: Staff have anything else to add to
this before we close the public hearing?
MR. OSSORIO: No.
VICE CHAIRMAN JOSLIN: Your recommendations stand as
stated?
MR. OSSORIO: That's the recommendation of the licensing
board. Mr. Ryan did come forward, came in the office, we talked, we
communicated, he was straightforward with us. And the county
cannot prove that he, personally, the qualifier did alter it. I can only
speculate that someone else besides him did it. So he is responsible
for his company and that's why he is here today.
If we found out that he did personally do it, then our
recommendation would have been, obviously, a little bit different
Page 46
June 18, 2008
sorts.
VICE CHAIRMAN JOSLIN: All right. And Mr. Ryan, do you
have any other closing statements you'd like to add before I close the
public hearing?
MR. RYAN: No.
VICE CHAIRMAN JOSLIN: You can be seated, if you like.
Need a motion to close the public hearing, then.
MR. L YKOS: So moved, Lykos.
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: Motion and a second. All in
favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Motion carries.
Discussion, gentlemen? Just for your own knowledge, this
discussion now is just between the board members now as far as
what's gone on.
MR. NEALE: Let me.
VICE CHAIRMAN JOSLIN: -- interject, Mr. Neale?
MR. NEALE: Please. Since the board has found the respondent
in violation of the ordinance, you have to decide on what sanctions to
be imposed. And in order to do that, you look at various different
sanctions, there's ten different potential ones.
And then there's also five matters that you'll consider in the
gravity of the sanctions, you know, what to consider in imposing the
sanctions.
The ten things that you can impose are, one, a revocation of
Certificate of Competency.
Second, suspension of Certificate of Competency.
Page 47
June 18, 2008
Third, denial of insurance or renewal of certificate.
Fourth, probation of a reasonable length, not to exceed two years,
during which the contractor's contracting activities shall be under the
supervision of the board and/or participation in a duly accredited
program of continuing education. Probation may be revoked for cause
by the board at a hearing noticed to consider said purpose.
Five, restitution. Restitution must be proven by evidence.
Six, a fine not to exceed $10,000 per incident.
Seven, a public reprimand.
Eight, re-examination requirement.
Nine, denial of the issuance of permits orrequiring issuance of
permits with conditions.
And ten, reasonable legal and investigative costs, which also
must be proven by evidence.
In imposing the sanctions, the board shall consider five items.
One, the gravity of the violation.
Two, the impact of the violation.
Three, actions taken by the violator to correct it.
Four, previous violations committed by the violator.
And five, any other evidence presented at the hearing by the
parties relevant as to the sanction that is appropriate to the case, given
the nature of the case.
The board also shall issue a recommended penalty for the state
construction industry board. And the penalties -- the recommendations
may include a recommendation of no further action, recommendation
of suspension, revocation or restriction of the registration, or a fine to
be levied by the state board.
VICE CHAIRMAN JOSLIN: Any thoughts from the members
of the board?
It's pretty much obvious. I think he's pretty much admitted by his
own testimony that he's guilty of the crimes.
He didn't have insurance. Somebody changed the insurance
Page 48
June 18, 2008
policy. We don't know who, and we can't speculate and blame
someone that we don't know. So it's pretty much a cut-and-dry
situation here, gentlemen.
MR. L YKOS: The first decision we have to make is on guilt?
MR. NEALE: On guilt. And then if you find him guilty, then
those what I just read are the --
VICE CHAIRMAN JOSLIN: I need a motion to find this
gentleman under the complaint guilty or not guilty.
MR. HERRIMAN: So moved, Herriman.
MR. L YKOS: Second, Lykos.
VICE CHAIRMAN JOSLIN: Motion and a second. All in
favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Motion carries.
MR. OSSORIO: Mr. Chairman, there's two charges, so I think
you should have two different -- count one and count two; is that right,
Mr. Neale?
MR. NEALE: Yes.
MR. OSSORIO: That was perspective of count one, so you need
to go to count two.
MR. NEALE: Right. So you need to find him in violation of
count one, motion on count one and then a motion on count two.
VICE CHAIRMAN JOSLIN: And found guilty of count one,
4.1.6.
I need a motion for Count two, 4.1.20.
MR. HERRIMAN: So moved, Herriman.
VICE CHAIRMAN JOSLIN: Motion. I'll second the motion.
All in favor?
Page 49
June 18, 2008
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Shown guilty of count two, 4.1.20.
Now, do I need to read something here that I don't have? I have
an order --
MR. NEALE: Not at this point. At this point since you've found
him in violation of the two counts, those motions were both motions --
make sure the motions are clear. Motions were to find him in
violation of count one, first motion. Second motion was a motion to
find him in violation of count two, as set out in the administrative
complaint.
VICE CHAIRMAN JOSLIN: Right.
MR. L YKOS: The licensing supervisor recommended a fine for
each count and one year probation. I would like to add to that for our
consideration retaking of the business and law part of the exam. I
think it's important that anybody that has a license understands the
ramifications of the business decisions that they make.
MR. JERULLE: I'd like to add to that, the Workmen's
Compensation class, a separate Workmen's Compensation class
registered in the State of Florida. Because I don't think he understands
exactly the ramifications of his actions.
Not to say that he did (sic) is correct or an excuse for what he
did, but I don't think he understands fully what he's doing by not
having workmen's compo And I think taking a Workmen's
Compensation class may give him that understanding.
VICE CHAIRMAN JOSLIN: It could be done through CE
credits, where he is required to take workmen's compo CE credit or a
credit that includes Workman's Compensation.
MR. JERULLE: Yes.
Page 50
June 18, 2008
VICE CHAIRMAN JOSLIN: Now, you're talking about
business and law exam, the total exam.
MR. OSSORIO: Well, the business procedure test, they do have
some workers' compo questions in it. I'm not saying that it's going to
be hard, difficult, due to the fact that this is a specialty license. His
license is a concrete forming and placing license.
So there is no forwarding to Tallahassee for state registration,
he's locally licensed with our office, we have total jurisdiction. And
there's no continuing education on this particular license, so that's
something you would have to search the database and find out if there
is a course and where is it at.
VICE CHAIRMAN JOSLIN: There are courses for CE credits
for almost any licensed trade. So I'm sure that we can come up with
something for him.
MR. L YKOS: This is what, an even year, so there are lots of
CEU classes for certified contractors in an even year. So there's a lot
of place to take the classes.
MR. OSSORIO: Yeah, I'll talk to the -- this gentleman can talk
to CBIA, I know they offer classes through that industry. Also, we
just had one over at Naples Grande as well; the Florida Building
Association had one too as well.
VICE CHAIRMAN JOSLIN: Probationary on his license for a
year?
MR. L YKOS: Yeah.
VICE CHAIRMAN JOSLIN: Ninety days to complete the--
MR. L YKOS: I make a note that we said take the business and
law, but also you have to pass the test. So not only take the class but
pass the test as well.
MR. JERULLE: Good point.
MR. HERRIMAN: We should stipulate a time that he must pass
these tests.
MR. L YKOS: Okay.
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June 18, 2008
VICE CHAIRMAN JOSLIN: Well, August 31st is the license
date. So by August 31 st or before. That would be the renewal --
MR. LYKOS: Yes.
MR. HERRIMAN: And I think we should consider having him
call Michael's office to report any job that he's working on.
MR. OSSORIO: That could be pretty simple. The qualifier just
calls our office and leaves a message with our staff and puts it on my
desk. And if we elect to go out there and check, we elect to go out
there and check. And if we don't, we don't.
MR. NEALE: Just for the board's edification, particularly Mr.
J erulle, that is something that was imposed by this board in previous
cases, where they had to report in on every job.
MR. JERULLE: Sure.
MR. HERRIMAN: So we need a penalty motion on each count?
MR. NEALE: The board can make one penalty motion taking
into account both counts in violation. So you can make a single
penalty motion.
MR. L YKOS: All right, I'll try this. I make a motion that the
penalty for Mr. Ryan for the guilty plea on count one and count two
includes $2,000 fine on count one, a $2,000 fine on count two, one
year probation. That he take the business and law class and achieve a
passing grade, and that be done by August 31st of2008. That he takes
a Workers' Compensation class, and that be done by August 31st of
2008. And that he calls Mr. Ossorio's office to report all the jobs that
he'll be working on so that Mr. Ossorio has the option of checking on
those jobs.
MR. HERRIMAN: Very good.
VICE CHAIRMAN JOSLIN: Did you mention the business and
law test?
MR. L YKOS: Yes, I did.
MR. OSSORIO: Mr. Lykos, there should be a time frame on the
penalty -- on the fine --
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June 18, 2008
MR. NEALE: Yeah, when he has to pay it.
MR. L YKOS: Mr. Ryan, can you step up?
VICE CHAIRMAN JOSLIN: Penalty amount.
MR. L YKOS: You've got $4,000 right now pending in penalties.
Is that something you can get done in 90 days?
MR. RYAN: A little more time would be nice, but if need be,
yes, I could do it in 90 days.
MR. L YKOS: Okay, thank you.
So I'll add to my motion that the fines be paid within 90 days.
Does that cover us, Michael?
MR. OSSORIO: That's fine.
VICE CHAIRMAN JOSLIN: Is that it? I'll second the motion.
Got a motion and a second on the floor. All of those in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
Now there's something I need to read. I think I have the right
one.
MR. NEALE: You have an order?
VICE CHAIRMAN JOSLIN: I think. I'm not sure. Cause came
before public hearing, start that way?
MR. NEALE: Yes.
VICE CHAIRMAN JOSLIN: Contractor licensing board, on
today's date?
MR. NEALE: Yes. If not, I've got one here.
VICE CHAIRMAN JOSLIN: Findings of fact and order of the
board.
Page 53
June 18, 2008
The case ofMr. Ronald 1. Ryan, Case No. 2008-09, license No.
27498, Board of Commissioners versus Joe Ryan, d/b/a Stone-Crete,
Inc.
This cause came before public hearing on Contractor Licensing
Board on June 18th, 2008 for consideration of the administrative
complaint filed against Stone-Crete for Ronald 1. Ryan. Shows that
the complaint was made by certified mail, personal delivery or
publication in accordance with Collier County ordinance 90-105, as
amended.
Board having heard testimony under oath, received evidence and
heard arguments respective to all appropriate matters, thereupon issues
its finding of fact and conclusions of law and order of the board as
follows.
That Ronald 1. Ryan, d/b/a Stone-Crete, Inc., license No. 27498,
is the holder of record of Certificate of Competency.
That the Board of County Commissioners of Collier County,
Florida, is the complainant in this matter.
The board has jurisdiction of the person of respondent, and that
Ronald 1. Ryan was present at the public hearing and was not
represented by counsel.
All notices required by Collier County ordinance No. 90-105
have been amended, have properly been issued.
The allegations of fact as set forth in the administrative complaint
are approved, adopted and incorporated herein by referencing as
findings of fact.
MR. NEALE: I have one that's pretty well filled in here. Right
here.
MR. JOSLIN: Respondent acted in a manner that is in violation
of Collier County ordinances and is the one who committed the act.
That allegations as set forth in administrative complaint as to
count one, section 4.1.6, are found to be supported by the evidence
presented at the hearing.
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June 18, 2008
That the allegations as set forth in the administrative complaint as
to count two, section 4.1.20 are found to be supported by the evidence
presented at the hearing.
Respondent stipulated under oath to his violation of the Collier
County Ordinance 90-105, as amended, as charged under counts one
and two of the administrative complaint.
Conclusions of law alleged and set forth in the administrative
complaint as to count one are approved, adopted and incorporated
herein to wit. Respondent violated 4.1.6 of Collier County Ordinance
90-105, as amended, in the performance of his contracting business in
Collier County by acting in violation of the section set out above with
particularity.
The conclusions of law alleged and set forth in the administrative
complaint as to count two are approved, adopted and incorporated
herein to wit. Respondent violated Section 4.1.20 of Collier County
Ordinance 90-105, as amended, in the performance of his contracting
business in Collier County by acting in violation of the section set out
above with particularity.
Collier County has jurisdiction over this contractor pursuant to
Section 4.2 of Collier County Ordinance 90-105, as amended.
Order of the board. Based upon the foregoing findings of fact
and conclusions of law pursuant to the authority granted in Chapter
489, Florida Statutes and the Collier County Ordinance No. 90-105, as
amended, by a vote of five in favor and zero opposed, a majority vote
of the board members present, respondent has been found in violation
as set out above.
Further, it is ordered by a vote of five in favor and zero opposed,
a majority vote of the board members present, that the following
disciplinary actions and related order are hereby imposed on the
holder of contractor's Certificate of Competency No. 27498.
MR. NEALE: Just read off the different things in the motion, the
fines and et cetera.
Page 55
June 18, 2008
VICE CHAIRMAN JOSLIN: That Mr. Ronald 1. Ryan is to pay
$2,000 --I'm sorry, a total of $4,000 within 90 days.
He is to attend an accredited continuing education class regarding
Workmen's Compensation and pass that class.
He is to take the business and law examination and pass that
examination test within --
MR. L YKOS: By 8/31/08.
VICE CHAIRMAN JOSLIN: By 8/31 of '08.
He is to call Collier County staff and report every job that he has
attained or is in progress of doing before the job begins.
And he's placed on a one-year probationary period, in which case
if any of these items are not completed, then his license will be
suspended.
And the fines must be paid within 90 days.
MR. L YKOS: The business and law class and the work compo
were both by 8/31/08.
VICE CHAIRMAN JOSLIN: Right.
Where did he go?
MR. NEALE: He left.
VICE CHAIRMAN JOSLIN: Didn't want to hear the bad news.
Okay. That's the end of that case, correct? Anything else we need to
say?
MR. NEALE: All set.
VICE CHAIRMAN JOSLIN: All right, one last case that we
have before us.
MR. NEALE: Just note that state construction industry licensing
board does not have jurisdiction over this matter because he is not
state certified or registered.
VICE CHAIRMAN JOSLIN: Right. He's not a state licensed
contractor.
MR. NEALE: Not certified or registered, no.
MR. OSSORIO: I think you said it under 4.2, so I think it'sa
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June 18, 2008
pretty clear.
VICE CHAIRMAN JOSLIN: The next case before us is Case
No. 2008-10, Charles Fradley, III, d/b/a Whitehall Quality Homes,
Inc.
Michael, are you going to do this case?
MR. OSSORIO: No, Allen Kennette, our Licensing Compliance
Officer will be doing this.
VICE CHAIRMAN JOSLIN: Mr. Kennette, can you come
before us, please.
(Speaker was duly sworn.)
MR. KENNETTE: My name is Allen Kennette, Licensing
Compliance Officer for Collier County.
Brief on this case was brought to us by the homeowner, David M.
Cangro, C-A-N-G-R-O. Lives at 50020 Pond Drive in Naples.
Purchased the home from Quality Homes back in '06, it was CO'd.
Been living there ever since. Had trouble with his AC unit. Learned
that there was no insulation in the attic. He also observed that. I also
observed there was not a stitch of insulation throughout the whole
attic. Never done by the builder.
The company who did the insulation would not go back out there
to redo it for lack of payments. They're in litigation over the company,
which is now defunct and is no longer in business.
VICE CHAIRMAN JOSLIN: The contractor or the--
MR. KENNETTE: The builder. The builder himself. Called all
the numbers we had, and the builder -- the lady on the other end,
Jenny, said that the company is no longer in business and had no
forwarding numbers for me to contact the qualifier of the business,
Mr. Charles Fradley, the third.
VICE CHAIRMAN JOSLIN: I see.
MR. KENNETTE: So all avenues were used. Certified letters
were sent to his business and to his home, which were returned. All
the mailing addresses, which were four different addresses, were sent
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June 18,2008
the mailing addresses, which were four different addresses, were sent
regular letters to all four different addresses. One came back that was
non-deliverable at that address for the complainant.
The home owner, Mr. Cangro, is here to give testimony that he
also observed the no insulation and had to go out and hire an outside
company to come in and re insulate the attic for him.
MR. OSSORIO: Mr. Chairman, before we get started, I'd like to
go ahead and make sure we get this composite Exhibit A into the
record.
VICE CHAIRMAN JOSLIN: I need a motion to accept
composite Exhibit A into testimony.
MR. L YKOS: So moved, Lykos.
MR. BOYD: Second, Boyd.
VICE CHAIRMAN JOSLIN: We have a motion and a second.
All in favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
MR. OSSORIO: Before we call our first witness, I want to just
make sure we're pretty clear. State certified CGC-011123, Case No.
2008-10. County one, willfully violating the applicable building
codes of laws the State, City of Collier County.
We heard testimony from the homeowner through these
photographs in Exhibit A, that that is his residence, and there is no
insulation depicted into the photograph.
And I'll read you under the Florida Building Code, Section
13-604, ceilings. And it says 13-604.1.A.B.C.1, ceiling insulation.
Basically it tells you on exhibit E-9 that a ceiling shall have an
insulation level of at least R 19, space permitting.
Obviously R19 is more than what they have up there now. So
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June 18, 2008
with that, I'd like to call our first witness.
VICE CHAIRMAN JOSLIN: Okay, since there is no other -- no
one here to represent the other side, we might as well continue on.
Sir, would you please come forward, state your name, please.
MR. CANGRO: Good morning. My name is David Cangro, I'm
the owner of the premises.
(Speaker was duly sworn.)
MR. OSSORIO: Good morning, Mr. Cangro, how are we doing
today, sir?
MR. CANGRO: Good morning.
MR. OSSORIO: Excellent.
Can you bring us back to the attention of when you first found
that you had an insulation problem.
MR. CANGRO: Yes. My air conditioning in the house just
would not keep the house cool at all. We had some very hot summers
last summer and the temperature went up to 83, the air conditioner
was set at 77, it just kept rising instead of going the other way.
I called the builder and he sent out an air condition person to
check it out. Fellow came to my house, saw that the temperature was
where it was, checked out the unit. He tweaked it, he said everything
is fine with the air conditioning.
He crawled up in the attic to take a look to see if there was any
problems up there, if there were ducts that weren't connected, and he
found there was no insulation. He said I found your problem.
With that, he told me that he would notify the builder and that it
would be taken care of.
Obviously, time went by, nothing happened. I called the builder,
called the numbers under the warranty that the builder had given out,
and he never responded.
I finally did get ahold of someone on his staff, her name was
Gina and she said that they would take care of it.
Well, almost six, seven months have gone by. We weren't getting
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June 18, 2008
anywhere. I sent a letter to the builder requesting the repairs.
Absolutely no answer.
I finally got to the point where I said, well, I have to do
something. I went to the building department to ask them about it and
they told me that they would send someone out to check my house to
see if there was any insulation and so on.
Gentleman came out to my house, crawled up in my attic. Took
the pictures. Found there was no insulation. He took all the
information I needed to give to him and proceeded, and here we are
today.
In the meantime, he told me to proceed to get the insulation done
by somebody else because we're not getting anywhere with the
builder, which I've done. The insulation is now in the house,
everything is working fine. But now I have a bill of $553 -- or $653, I
believe, that has to be paid. And I'm not getting anywhere.
MR. OSSORIO: Could you please take a look at your exhibit
E-1O to E-13. That is your attic?
MR. CANGRO: Does someone have the pictures?
MR. ZACHARY: (Handing pictures to Mr. Cangro.)
VICE CHAIRMAN JOSLIN: Mr. Ossorio, this is a new home?
New construction?
MR. OSSORIO: That was new construction.
MR. CANGRO: Yes. That's my home. That's the pictures of
the attic.
MR. OSSORIO: Excellent.
MR. JERULLE: Did you move in June of '06?
MR. CANGRO: No, we moved in -- well, actually, we moved in
May of '07.
MR. JERULLE: No one lived in the house before you?
MR. CANGRO: No, sir.
VICE CHAIRMAN JOSLIN: Was the rest of the house
completed, I mean --
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June 18, 2008
MR. CANGRO: Yes.
VICE CHAIRMAN JOSLIN: -- moveable and you moved in the
home.
MR. CANGRO: I had the C of 0 from the building department
that it was clear to move in, yes.
VICE CHAIRMAN JOSLIN: Correct me if I'm thinking in error,
but is there a -- Michael, you know me -- but is there an inspection
required for insulation?
MR. OSSORIO: Yes, sir. This house had a partial. And that's
not uncommon. You get a partial for the walls. And at the time of
walkthrough for 115, which is the final building, they'll check the
insulation, make sure it was up in the attic. And unfortunately, no
excuses, the building director said there's no excuses for it, we did
47,000 building permits that particular year, and they missed one.
VICE CHAIRMAN JOSLIN: It's not really, I guess, uncommon
for that many permits where they would miss something like that. I
mean, that's probably the end result situation, I'm assuming.
MR. OSSORIO: Yes, we put that on our list, and I know that the
building director and the chief structural inspector and the chief
mechanical inspector have all been on the same page. And we're
going to be communicating with the inspectors to make sure that the
115, the insulation, this doesn't occur again. So we're all on the same
page.
But it is what it is, and we're going to address it.
VICE CHAIRMAN JOSLIN: Oh, I mean, in essence the real
responsibility still lies on the contractor to get it done, either way.
MR. OSSORIO: The county's position is, obviously, if you read
the statutes, and you read 489, you read 4.2 under the Collier County
ordinance, he's a state certified contractor. What we're here today is to
find out that -- we get a finding of fact that, yes, he is in violation of
count one of the Florida Building Code.
Two, that we send a finding of fact to Tallahassee so this
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June 18, 2008
gentleman, you know, can go ahead and get relief through the State
Recovery Fund.
And once the finding of fact's been issued, we send it to
Tallahassee, and hopefully we'll get a judgment and hopefully they
can take action against the qualifier.
Particularly the case might be considered, you know, the
company's out of business or the company's going into foreclosure or
the company's going to be bankrupt. That has no concern to us as the
building department. We look to the qualifier to rectify this particular
Issue.
As Allen even noted in his summary, that we did every
opportunity. We went to the state website. We sent certified letters
per the statutes and per the code. We sent him a registered letter. We
sent him by mail. We made personal contact with the company to
rectify this issue.
Doesn't happen that often, but it did in this particular case. And
the county has no further questions.
MR. BOYD: Does this company have any more permits open,
Mike -- during that time period?
MR. OSSORIO: No, I don't think so. I'm not here to tell you
that I looked at the permit history. I wasn't too sure about that, but I
will check into it.
VICE CHAIRMAN JOSLIN: The contractor is physically out of
Sarasota; that's correct?
MR. KENNETTE: Yes. That's what the -- Jenny had told us --
told me, that they were out of business completely. Whitehall had
dissolved the company. No longer doing business. But I couldn't get
that from him, because all the numbers, phone numbers we had to
contact him, we couldn't get through. They were disconnected.
I tried the web pages and called a few numbers on there, but it wasn't
the right name. There were quite a few different names that matched
his.
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June 18, 2008
VICE CHAIRMAN JOSLIN: Just for the record, we have
testified that the Whitehall Quality Homes, Inc. was serviced properly
and they had notice of being here today?
MR. OSSORIO: Yes, we sent him a 20-day certified letter per
the statutes, per the code. We sent him the exhibit packet A. It went to
several locations, I believe. Five locations. So I believe the county
did its best to notify the state certified contractor.
VICE CHAIRMAN JOSLIN: That's all I wanted to put on the
record.
MR. L YKOS: I'll make a motion that--
VICE CHAIRMAN JOSLIN: Let me close the public hearing.
MR. L YKOS: I'm sorry.
VICE CHAIRMAN JOSLIN: You can have a seat if you'd like,
please.
I just need a motion to close the hearing, first.
MR. L YKOS: Motion to close the hearing, Lykos.
VICE CHAIRMAN JOSLIN: And a second?
MR. HERRIMAN: Second, Herriman.
VICE CHAIRMAN JOSLIN: Motion and a second. All in
favor?
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
All right, any discussion before we come up with --
MR. ZACHARY: Mr. Chairman, I just want to get Mr. Ossorio
on the record as saying he sent it to all the addresses that are necessary
by law to show that due process was done.
VICE CHAIRMAN JOSLIN: Okay. That was the comment that
I made, but I'll put it back on the record again.
If we have evidence that Mr. Ossorio and staff of Collier County
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June 18, 2008
has serviced Whitehall Quality Homes, Inc. and Charles Fradley, the
third with all the necessary paperwork serviced certified mail --
MR. OSSORIO: That's correct. You can look at table of
contents, you can see E-4 and E-5, where we sent a certified letter
receipt to the known address through our web pages, and it came back
returned.
VICE CHAIRMAN JOSLIN: He has been properly served.
All right, gentlemen?
MR. L YKOS: I'm make a motion, based on the evidence
presented, that we find Charles Fradley, the third, d/b/a Whitehall
Quality Homes, Inc., guilty of count one, 4.2.2, willfully violating the
applicable building codes or laws of the state, city or Collier County.
VICE CHAIRMAN JOSLIN: I have a motion. Do I have a
second?
MR. HERRIMAN: Second, Herriman.
VICE CHAIRMAN JOSLIN: Motion and a second. Any
discussion?
(No response.)
VICE CHAIRMAN JOSLIN: All those in favor, signify by
saymg aye.
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
Charles Fradley, the third, Whitehall Quality Homes, Inc., has been
found guilty of count one, 4.2.2.
Mr. Neale, back to you.
MR. NEALE: Well, in this case, and I want to confirm with Mr.
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June 18,2008
Ossorio, but I guess he stepped out. Contractor licensing staff, I
believe this is a state certified contractor, Michael? State certified?
MR. OSSORIO: Yes, he's a state certified general contractor.
And what the county is looking for is to, per 489, to suspend his
building privileges and forward our finding of facts to the state
construction licensing board in Tallahassee.
MR. NEALE: And the important thing to note is that pursuant to
Florida Statutes and the Collier County code, the only sanctions
available against a state certified contractor are just as Mr. Ossorio
requests, which is to deny the issuance of Collier County or city
building permits or require the issuance of permits with specific
conditions.
So the only sanction that the board can impose against a state
contractor is to deny issuance of permits.
MR. JERULLE: What if they're current permits?
MR. OSSORIO: If there's any outstanding building permits, he's
going to be put on hold and we will notify the prospective
homeowners or contractors that he is placed on suspension of building
permit privileges.
And that's pretty well standard procedure for any state contractor
or local contractor, once the board has that particular finding.
Hopefully the board's going to have a better -- the state
construction licensing board and the investigators up in Fort Myers
will have a better way to contact this qualifier.
I'm sure for this homeowner, I believe he's going to be satisfied
in a couple months that they'll do some mitigation up in Fort Myers or
they'll do some mitigation up in Tallahassee that he'll get -- recoup all
his money.
Because he is a tier one contractor and this gentleman has a right
to petition the state construction licensing board with a finding of fact
from our board. Just make sure if in the finding of fact, you can find
him in violation of the 4.2.2, and also make a recommendation that
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June 18,2008
he'll go to the State Recovery Fund. I know that's pretty important
when you deal with the State Licensing Board.
MR. JERULLE: Mr. Neale, can you repeat again what you said
what the board can do.
MR. NEALE: Really, the two sanctions that are available
against a state certified contractor, they can deny the issuance of
Collier County or city building permits or require the issuance of
permits with specific conditions.
And then notification of and information regarding this permit
denial is submitted to the state DBR within 15 days after the decision.
And typically we get the order out on these very quickly and staff
submits them to the state and they move pretty fast on them.
VICE CHAIRMAN JOSLIN: Pleasure of the board? Anyone
want to jump in with a motion?
(No response.)
VICE CHAIRMAN JOSLIN: Okay, I'll make a motion. That
Charles Fradley, the third, d/b/a Whitehall Quality Homes, Inc. has
been found guilty of count one, 4.2.2, and that the order of the board
will be that his -- I'm sorry, the motion will be his permit privileges be
suspended in the city and county of Collier County. They be
suspended till further notice.
That the findings of facts from this case be forwarded to the state
DBR licensing for further recommendations.
Also recommended that the findings of fact are forwarded to the
State Recovery Fund so that Mr. David Cangro can recover some of
the losses that he's had regarding the home and insulation situation
here.
That's basically all we can do at the moment, I believe.
MR. OSSORIO: That's fine, Mr. Chairman, excellent.
VICE CHAIRMAN JOSLIN: We need a second.
MR. L YKOS: Second, Lykos.
VICE CHAIRMAN JOSLIN: Motion and a second. Any
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June 18, 2008
discussion on the -- additions?
(No response.)
VICE CHAIRMAN JOSLIN: All in favor of the motion.
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. LYKOS: Aye.
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
Any opposed?
(No response.)
VICE CHAIRMAN JOSLIN: Motion carries.
Here we go again.
In the case of Collier County Board of County Commissioners,
petitioner, versus Charles Fradley, the third, d/b/a Whitehall Quality
Homes, Inc., license number CGCOll123, Florida.
This cause came on for public hearing before the Contractor
Licensing Board on June 18th, 2008 for consideration of the
administrative complaint filed against Charles Fradley, the third, d/b/a
Whitehall Quality Homes, Inc.
Service of the complaint was made by respondent -- made by
certified mail, personal publication and delivery in accordance with
Collier County Ordinance 90-105, as amended.
The board having heard testimony under oath, received evidence
and heard arguments respective to all appropriate matters, thereupon
issues its finding of fact, conclusions of law and order of the board as
follows.
That Charles Fradley, the third, is the holder of record of license
number CGCOll123.
That the Board of County Commissioners of Collier County,
Florida, is the complainant in this matter.
That the board has jurisdiction of the person of the respondent,
and that Charles Fradley, the third, was not present at the hearing and
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June 18, 2008
was not represent by counsel at the hearing on June 18th, 2008.
All notices required by Collier County Ordinance No. 90-105, as
amended, have been properly issued and were attempted to be
delivered by certified mail in accordance with Collier County
Ordinance 90-105, as amended.
The respondent acted in a manner that is in violation of Collier
County ordinances and is the one who committed the act. The
allegations of fact as set forth in the administrative complaint as to
count one, Section 4.2.2, are found to be supported by the evidence
presented at the hearing.
Conclusions of law. Conclusions of law alleged and set forth in
this administrative complaint as to count one are approved, adopted
and incorporated herein, to wit, the respondent violated Section 4.2.2
of Collier County Ordinance 90-105, as amended, in the performance
of his contracting business in Collier County by acting in violation of
the sections set out above with particularity.
Collier County has jurisdiction over this contractor pursuant to
Section 4.2 of Collier County Ordinance 90-105, as amended.
Further order of the board. Based upon the foregoing findings of fact
and conclusions oflaw, and pursuant to the authority granted in
Chapter 489, Florida Statutes and the Collier County Ordinance No.
90-105, as amended, by a vote of five in favor and zero opposed, a
majority vote of the board members present, respondent has been
found in violation as set out above.
Further, it is ordered by a vote of five in favor and zero opposed,
a majority vote of the board members present, that the following
disciplinary sanctions and related order are hereby imposed upon the
holder of contractor license number CGCO 1123.
License number was 011123.
MR. NEALE: Three ones.
VICE CHAIRMAN JOSLIN: And that is in regards to Charles
Fradley, the third, Whitehall Quality Homes, Inc., license number
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June 18, 2008
CGC011123, his permit privileges in the City of Naples and Collier
County be suspended until further notice. And that the forwarding of
the findings of fact to the state licensing industry, licensing board shall
be forwarded regarding this matter came before us today.
Also, the same findings of facts be sent to the State Recovery
Fund so that Mr. David Cangro, the owner of the property as such can
be reimbursed for some of the items that had been lost.
MR. NEALE: Just one addition, Mr. Joslin. It's City of Naples, City
of Marco Island and Collier County.
VICE CHAIRMAN JOSLIN: I'm sorry. We missed the City of
Marco Island -- and City of Naples and Collier County, all three.
And it's so ordered.
And that is all for now, huh?
MR. OSSORIO: I've got two housekeeping matters.
VICE CHAIRMAN JOSLIN: Housekeeping, okay.
MR. OSSORIO: The first is I thought it would be something that
if possible not have a July meeting. I know that typically we take a
summer off and we take something off at Christmastime. So I thought
it would be a good time for not having a July meeting. It's up to the
pleasure of the board.
VICE CHAIRMAN JOSLIN: How's your workload?
MR. OSSORIO: Right now if we have a board we're going to
have it. If we don't, we can reschedule. Right now I don't see
anything pending that needs to get in front of our board, you know, in
July.
VICE CHAIRMAN JOSLIN: Okay. That's fine with me.
MR. L YKOS: Fine with me.
VICE CHAIRMAN JOSLIN: Anybody else?
MR. NEALE: You know your pay gets cut if you miss a
meeting.
MR. L YKOS: One-12th of our pay gets cut.
MR. OSSORIO: We'll look forward to seeing everyone in
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June 18, 2008
August.
Now, you might see sometime at the end of the month that we're
going to be switching chambers. So I'll let everyone know in person
where we're going to meet in the upcoming meetings.
But for right now tentatively there won't be any meeting in July
in this Board of County Commissioners chambers.
Another housekeeping matter is, as you see here, there's no Ian.
Ian Jackson's on vacation.
And right to my left you see Colleen Davidson. She's been with
our department about two years. She's moving on. That's why she's
here. She did a great job for us, she was part of our family. And she's
moving to code enforcement for a new position.
VICE CHAIRMAN JOSLIN: So she's not going to be with
licensing any longer. Well, Colleen, we're going to miss you terribly.
I know you helped me quite immensely when I walked in there and
needed some assistance, so there definitely will be big shoes for
someone to fill.
MS. DAVIDSON: Thank you.
MR. OSSORIO: Okay, that's all I have.
VICE CHAIRMAN JOSLIN: Also one last thing. I'd like to send
out our best wishes to Les Dickson and his family and a mother-in-law
that I guess has passed away. And just put it on the record that I'm
sure the board all feels the same way. We'll expect him back.
Be sure he knows about the meeting now not in July because he'll
probably come here by himself.
MR. OSSORIO: I'll let him know.
MR. L YKOS: Motion to adjourn.
MR. HERRIMAN: Second, Herriman.
VICE CHAIRMAN JOSLIN: Motion and a second. All in favor.
MR. HERRIMAN: Aye.
MR. JERULLE: Aye.
MR. L YKOS: Aye.
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June 18, 2008
MR. BOYD: Aye.
VICE CHAIRMAN JOSLIN: Aye.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Vice Chair at 11 :21 a.m.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
RICHARD JOSLIN, Vice Chairman
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC. BY CHERIE'
NOTTINGHAM.
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