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CLB Minutes 02/18/2009 R February 18,2009 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD OF COLLIER COUNTY Naples, Florida February 18,2009 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: Richard Joslin Michael Boyd Eric Guite' Lee Horn Terry Jerulle Thomas Lykos ALSO PRESENT: Patrick Neale, Attorney for the CLB Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor Page 1 AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE WEDNESDAY - FEBRUARY 18, 2009 TIME: 9:00 AM. W HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I ROLL CALL II ADDITIONS OR DELETIONS III APPROVAL OF AGENDA IV. APPROVAL OF MINUTES DATE JANUARY 21, 2009 V. DISCUSSION End of the Month Report - January 2009 Annual Ethics Coverage VI NEW BUSINESS Damarys Silva - Review of Credit Report Michelle Ughi - Contesting Citation James F. Case - Request to Qualify 2'" Entity Wayne W. Womack - Reinstatement of License W/O Retesting Robert Hammond - Contesting Citations Order to Pay Civil Penalty VII OLD BUSINESS Calvert N. Courtney II - End of Year Profit Loss Statement VIII PUBLIC HEARINGS Case #2009-04 Raymond Berube D/B/A Berube Brothers, Inc IX REPORTS X NEXT MEETING DATE WEDNESDAY MARCH 18. 2009 W HARMON TURNER BUILDING, 3RD FLOOR (COMMISSIONERS MEETING ROOM) 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (COURTHOUSE COMPLEX) February 18,2009 CHAIRMAN JOSLIN: I'd like to call to order the February 18th, 2009 meeting of the Collier County Contracting Licensing Board. 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. To open the meeting, I'd like to start with roll call starting to my right. MR. JERULLE: Terry Jerulle. MR. LYKOS: Tom Lykos. MR. JOSLIN: Richard Joslin. MR. BOYD: Michael Boyd. MR. GUITE': Eric Guite'. MR. HORN: Lee Horn. CHAIRMAN JOSLIN: Thank you all, gentleman, for showing up today and making it almost a full board. Any additions or deletions to the agenda, staff? MR. JACKSON: Staff has no changes to the agenda. CHAIRMAN JOSLIN: Very good. All right, gentleman, if all the board members have read the last month's minutes of last month's meeting. MR. L YKOS: Well, how about in make a motion to approve the agenda. CHAIRMAN JOSLIN: Okay, if you'd like to do that. MR. GUITE': I'll second it. CHAIRMAN JOSLIN: Got a motion and a second. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. Page 2 February 18,2009 MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. And now we'll go to the approval of the minutes. If everyone has read them. Any changes or deletions or additions anyone noticed? MR. GUITE': I'll make a motion to approve. CHAIRMAN JOSLIN: We've got a motion. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Second, Mr. Boyd. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Under discussion. I suppose, Mr. Ossorio, you're going to present this end of the month report? MR. OSSORIO: Good morning, Mr. Chairman. Michael Ossorio, Contracting Licensing Supervisor. Over the last couple of months I've been telling the board that we're going to be giving you an update, a monthly update. I know that we've been doing a yearly update, but I figure that since you make recommendations to the Board of County Commissioners referencing our fees and how we regulate our fees, I thought we should at this time give you a monthly report. And with that, it is what it is, and I have no questions other than to tell you that we're looking at October, November, December and Page 3 February 18, 2009 January for this year. So -- CHAIRMAN JOSLIN: Looks like it's been a sizeable amount of dollars and cents have gone through. You guys must be busy in the field, huh? MR. OSSORIO: We do. I think we've issued -- we're referencing issuing about 75 citations a month. And with that, we bring people in compliance. In other words, if they're not licensed, they come take the exam, get the books and we process them for a new license. CHAIRMAN JOSLIN: So in the future what we're going to see is a monthly report each month for each meeting? MR. OSSORIO: Every month. CHAIRMAN JOSLIN: Every month. MR. OSSORIO: Until you get tired of looking at it and tell me you don't want to see it anymore. CHAIRMAN JOSLIN: No, that's fine, I like to see it. MR. L YKOS: Thank you. CHAIRMAN JOSLIN: All right, next item on the agenda is your annual ethics coverage for the Sunshine Law. Gentlemen, this is all in your packets this month. And this is the code of ethics for Collier County and the Florida Commission on Ethics. Just so that you're aware that there are some things that you can and cannot do. Some things that are listed in here are for all the advisory boards that service Collier County and all of its different boards. I suggest that you take a moment out of your time and try to read through this and just get some of the ideas as far as things that you can and cannot say. If you have any questions, feel free to call Mr. Neale on his phone, cell phone, probably, because he'll answer those questions for you, I'm sure. MR. NEALE: I'll be glad to. CHAIRMAN JOSLIN: Any other questions on that? Page 4 February 18,2009 (No response.) CHAIRMAN JOSLIN: All right, we'll move right along. We'll go into new business. MR. NEALE: Mr. Joslin? CHAIRMAN JOSLIN: Yes. MR. NEALE: One suggestion I'd like to make just before we get into new business is that -- because I think everyone knows Mr. Dickson resigned as a member of the board over the past month. CHAIRMAN JOSLIN: Yes. MR. NEALE: And because of his long service, I'd just suggest that the board possibly recognize that and maybe recognize him in a letter or something like that going forward. CHAIRMAN JOSLIN: Okay. Is there a letter that can be transposed? You want me to make it up or do you want to write it out and I'll send it? MR. NEALE: You know, I'd be happy to take a shot at it and maybe have you and the board endorse it. Because, you know, Mr. Dickson did serve for a long time. And I think all of us greatly appreciated and respected his knowledge and support of the board, so CHAIRMAN JOSLIN: That is correct. Those of you who don't know Mr. Dickson, he's been on this board for approximately 20 years, and I served under him as vice chair for 10 of those years. And unfortunately Mr. Dickson had to resign due to some issues that he didn't feel comfortable with being on the board or couldn't be on the board any longer. He's going to be a body on the board that -- for a roofing contractor that's going to be very highly missed for sure because of his input and because of his knowledge of the trades that he has presented. And also as chairman, being able to carry on the meetings in a manner that kept the meeting flowing, in which I'm going to try to take this spot and try to do the same. Page 5 February 18, 2009 Anyway, I would appreciate that letter, that would be very nice. And I commend Mr. Dickson for all the years of his service. MR. OSSORIO: Mr. Chairman, while we're on the subject of Mr. Dickson, Mr. Herriman has e-mailed me this morning, and he has sent his letter of resignation as well. He has some personal issues he has to take care of. With that said, we need a consumer. I'll be talking to Mrs. Filson today. Tomorrow, I believe, the 19th will be Mr. Dickson's postings. So if any contractor out there wishes to serve on this licensing board, can make application to the Board of County Commissioners under the manager's office. CHAIRMAN JOSLIN: All right. So that means on the board right now we are short three members? MR. OSSORIO: Two consumers, one contractor. CHAIRMAN JOSLIN: All right. Maybe I'll put out to the City of Naples, I believe that's one of them, and also City of Marco, that's another one, as well as a contractor in Collier County, that the minutes can read that we're going to try to go through some chain of commands here so we can try to get someone to approve getting someone on the board from either City of Marco or City of Naples. If that can't be done, and if they don't find anyone, possibly we can go into the Collier County area and try to find someone to replace the members on the board. We do need a full board. And ifthere's no one available to serve from those two cities, then I think it would be good to try to get someone in the county. MR. OSSORIO: I know that -- I did get a communication from the City of Naples, and they are going to recommend or they have recommended reappointment of Eric Guite' to the licensing board, and then it gets final approval from the Board of County Commissioners. I know that the City of Naples has been working very hard on getting a consumer for a replacement of Ann Keller. That has failed, in my opinion. It's been over six months. Page 6 February 18,2009 MR. JOSLIN: Or longer. MR. OSSORIO: I was hoping to get some guidance from Pat Neale or Robert Zachary and see if we can divert it and maybe send a letter to the City of Naples and see if they can't find it, maybe they defer to us so we can advertise it through Collier County and see what we can catch. CHAIRMAN JOSLIN: Does that sound like something that, Mr. Neale, you could handle for us, or at least start the process rolling? MR. NEALE: Sure. MR. L YKOS: I'll also have-- MR. NEALE: I'll contact the City of Marco as well. City of Naples and City of Marco. MR. OSSORIO: Please. MR. L YKOS: I'll also have an e-mail go out to all the CBIA members, there's obviously a collection of contractors there, and I'll make sure we get the word out to CBIA. MR. OSSORIO: I think that getting a replacement for, you know, a contractor is going to be very simple. I mean, I've already had communication with six or seven contractors who want to get on this licensing board. So we'll work it through it. CHAIRMAN JOSLIN: It appears to be that the consumers is a problem, or the area that we're short on. MR. L YKOS: If I understand right, the consumer cannot have any affiliation with our industry, correct? MR. OSSORIO: That's correct. CHAIRMAN JOSLIN: Right. Okay, moving right along then, open new business. Is there a Damarys Silva here? (No response.) CHAIRMAN JOSLIN: No. Okay, I'm going to just table this for a moment and then I'll put it on the back page and maybe she'll show up in the future. Maybe traffic. Page 7 February 18,2009 How about a Michelle Ughi? MS. UGHI: (Indicating.) CHAIRMAN JOSLIN: Would you please come to the podium, please, and be sworn in. (Ms. Ughi was duly sworn.) CHAIRMAN JOSLIN: Ms. Ughi, it appears that you were given a citation here some time ago and you are contesting the fact of why you received it? MS. UGHI: Yes. CHAIRMAN JOSLIN: Would you like to bring the board -- advise and explain what your situation is? MS. UGHI: I tried to summarize my position in a letter. I'm not sure if you have received it. But basically I had -- I'm new to contractor license. I had renewed -- I had been given notification in the mail and renewed my business license and thought that that included everything. And on the day that I found out that that wasn't the case, because I received a letter from the Contracting Licensing Board that my license would be suspended because I hadn't renewed with them, I immediately went in to the office to find out what paperwork I needed to file. At the same time that I was doing that, a painting job that I had, had gotten the citation. And you'll see with the dates that the same day that I went to the contracting office -- I was able to get all my paperwork together and by that afternoon I was able to submit everything and they cleared my license. I think that would be the expression, cleared my license. So I was just respectfully asking if I could be excused from paying the ticket. CHAIRMAN JOSLIN: Okay. This is a pressure washing and painting license; is that correct? MS. UGHI: Yes. Page 8 February 18,2009 CHAIRMAN JOSLIN: Okay, at this time, it looks like Karen Clements, you were the one that issued -- officer that issued the citation. Would you come up, please, and explain what went on that day. MS. CLEMENTS: Yes, I was on my patrol and came across-- THE COURT REPORTER: I'm sorry, may I swear you in first, please. (Speaker was duly sworn.) MS. CLEMENTS: I saw the Classic Painting van and so I stopped and put it into my computer and it came back that the license was canceled. I went up to the door and talked to the gentleman that was doing the painting, let him know that the license was canceled. And at that point I gave the citation. CHAIRMAN JOSLIN: On that note, did -- you mentioned that someone else was doing the work other than Mrs. U ghi, correct? MS. CLEMENTS: Right. It was Reuben Rivera. CHAIRMAN JOSLIN: Is this a license, staff, that would nominally have to have insurance of some type in order to cover someone's pressure washing? MR. OSSORIO: If your painting's considered construction, you would need workers' compo or have to have an exemption of 10 percent ownership of the company. I believe there -- she does have a workers' compo policy. CHAIRMAN JOSLIN: You do? MS. CLEMENTS: But however -- MS. UGHI: I'm exempt, and I have a policy. MS. CLEMENTS: At the time it wasn't in effect. There was only a workers' compo So when I saw that there was someone else, and I checked on sunbiz.org, found out that he wasn't 10 percent of the company, there was a violation there also. I could have given two citations, I only gave him one. Page 9 February 18,2009 CHAIRMAN JOSLIN: So at the time of the citation, then, there was no real workmen's compo policy in effect; is that the case? MS. UGHI: Possibly it wasn't on file, but it was in effect. MS. CLEMENTS: I actually a few weeks later in the same area found the same van again and stopped, and there still was no workers' compo in the system. I stayed at the job site about a half an hour to 40 minutes, waiting for it to get faxed over and it didn't. I did give Mr. Rivera the citation for not having workers' compo insurance, but since has been faxed in to us, so I voided that citation, the second one. CHAIRMAN JOSLIN: On the policy that you did finally receive, did it relate back to the date that the first ticket was issued? MS. CLEMENTS: Yes -- well, it was November 28th of2008. It just hadn't been in our system. CHAIRMAN JOSLIN: Okay. Just hadn't been placed in your system then. So technically then she did have insurance. MS. CLEMENTS: Right. MR. L YKOS: So this citation is for the license having gone suspended. MS. CLEMENTS: Right. It should have been renewed by September, and it lapsed. And I found them January 23rd, and the license had been canceled. Because after December they cancel all licenses that are not renewed. MR. L YKOS: So this license had been suspended for three months, four months, and canceled by the time that you visited the job site and found the workmen. So it doesn't appear that there's any problem with the workmen being covered by workers' compo or anything like that, this is really just an issue about the licensing having not been renewed and gone suspended at the time that you were on the job site and found the workmen. MR. OSSORIO: Mr. Lykos, you're mixing the terms. You have to renew your license September. October, November, December Page 10 February 18,2009 you're considered delinquent. Come January 1st, you are suspended. And then you have 12 months of suspension. And then the following January you're considered null and void. She wasn't properly registered, that's why we've issued her a citation. We've taken a proactive stance. And we didn't need to send out a suspension letter, but we did because we wanted to make sure everyone has the opportunity to renew the license, because there's lot of issues when you get null and void. She got the letter. She came right in. It's just one of those things that Karen was out there and saw them working without the license, and she was in the process of getting a license back. And it's one of those things, it happens. CHAIRMAN JOSLIN: Any suggestions from staff as far as the citations as it stands? MR. OSSORIO: Well, we like to be consistent. This is not uncommon. We've issued, I don't know, probably 20 or 30 citations for this very similar citation for a very similar violation, and they've all complied, so we take a neutral stance to this issue. MS. CLEMENTS: I was concerned because he was pressure washing a tile roof, and when I saw the license was suspended or canceled and no workers' compo insurance, that's a big red flag. CHAIRMAN JOSLIN: Sure, I can totally understand that. Ms. U ghi, you are aware now that as well as your business and tax license, you also have to register with Collier County to actually make your license valid. Your business tax is just a tax. MS. UGHI: Uh-huh, I'm -- CHAIRMAN JOSLIN: You're aware of that now? MS. UGHI: -- aware of that now, yeah. I honestly did not know that my license was in any other status other than active the last quarter of 2008. I thought that when I renewed my business tax, I was taking care of everything. And that's why as soon as I got the letter I went in to try to resolve it. Page 11 February 18,2009 CHAIRMAN JOSLIN: How many years have you had this license? MS. UGHI: Just about maybe a year and a few months. This would have been my first renewal period. CHAIRMAN JOSLIN: Your first renewal period. MR. OSSORIO: Mr. Chairman, just to let you know, every person that receives a certificate through our office, they get a letter from me personally explaining to them what they need to do every year. And it explains the difference between a business tax and when you have to renew your certificate with us. So every new contractor who gets a certificate gets a letter from me highlighting what they need to do every year. So she probably received it. Maybe she didn't read it or -- MS. UGHI: Yeah. MR. OSSORIO: -- something's happened, but we try to give them a heads-up and let them know when they need to renew their license. And plus on the license itself it has you have to renew it. CHAIRMAN JOSLIN: Yes. MR. L YKOS: Well, I'd be more lenient if this was something that happened right after it was suspended, so I'm going to make a motion that we uphold the citation. COMMISSIONER HORNIAK: Second, Horn. CHAIRMAN JOSLIN: I have a motion and a second on the floor. Is there any discussion? (No response.) CHAIRMAN JOSLIN: I would just like to say, okay, first year in business and the first time that someone renews their license, sometimes there are bases that are missing. Sometimes there are things that you aren't aware enough to do it like the old seasoned people that have had their licenses for many years, you know what you have to do. Page 12 February 18,2009 There's no excuse, I understand, but I'd just like to have the board take into consideration that it is her first time being under penalty. And she did have workmen's compo insurance in place and it was just a matter of paperwork and not going down and paying the fee that it took to renew it. MR. JERULLE: I agree. In these economic times, I think we sit back and look at some of the circumstances surrounding some of these citations. Not saying that the citations are inappropriate at all. I think it's appropriate, I'm just wondering if we could look at the amount of the citation. Who sets the amounts? CHAIRMAN JOSLIN: I don't believe so. Mr. Neale, I believe you could -- MR. NEALE: The problem is -- not the problem, but the situation is that the statute prescribes that if the board finds the citation to be valid, that the minimum penalty that can be prescribed is the penalty set out on the citation. MR. JERULLE: So we cannot adjust it. MR. NEALE: You can adjust it up. MR. JERULLE: Then let me ask a question not pertaining to this. Who sets the amount of the citation when it was given? MR. OSSORIO: Under the contracting licensing ordinance, it says the first offense is a $300 fine. Second offense is 500. MR. NEALE: And the maximum under Florida statutes is 1,000. MR. JERULLE: So there's nothing we can do there. MR. BOYD: Did she not also pay an extra fee for renewing the license while it was suspended? MS. UGHI: Yes. MR. OSSORIO: Yes. She had to pay her fee and then she had to pay her penalties and then she came into compliance. Page 13 February 18,2009 MR. BOYD: So there is a penalty for-- MR. OSSORIO: There's a reinstatement fee. MR. BOYD: -- renewing late. MR. OSSORIO: There is a $10.00 fee per month for the first three months, which is a late fee. And then come January it's called a reinstatement fee. So it's not a penalty. It's not necessarily called a penalty under the fee schedule, it's just a reinstatement fee. MR. GUITE': Was she actually at the -- you know, with Maggie, trying to correct this when they issued the citation? As far as her letter goes, that's what I get out of it. MR. OSSORIO: I believe it's true. Because you just don't -- when you are suspended, it doesn't -- you just don't automatically come in and renew. There's steps you need to take. And she very well knows, you have to get a credit report on you and your business, fill the application out and reinstate. So you're absolutely right, she knew she wasn't in compliance of the day that there was the painting, but again she was trying to come into compliance, so -- CHAIRMAN JOSLIN: Okay, I've got a motion on the floor that Citation No. 4448, issued to Michelle Ughi, be upheld to the $300 fine. All those in favor of the motion, signify by saying aye. MR. HORN: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: All opposed? MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN JOSLIN: Aye. THE COURT REPORTER: Mr. Jerulle? MR. JERULLE: I'm still thinking. To me this is a tough issue. They gave her a fine because she had a suspended license, and that's true and accurate. But she was down Page 14 February 18, 2009 there the day, trying to make it right when she got the fine, correct? MS. CLEMENTS: She wasn't at the office at the time the citation was given, because I did call down to Maggie, and Maggie verified that the license was not active. MS. UGHI: I was at the office. I might have stepped out to call the credit company, but you could -- I'm not sure in provided you with the backup, but I got in touch with the credit company on that day and then they were able -- they told me it was going to be a couple hour delay and they were able to process it for me on a rush, and it was done that afternoon. But the women in the office had explained to me that they could not take my application and put it on file until I had the credit application and all of the paperwork that need to be collected. MR. NEALE: In may, just for the Board's guidance. 489.127 is the applicable statute here. And it's -- probably the one that's most applicable to this point is Subsection 2.D.3, which regards the hearing on citations of this type. And it says, if the person who issued the citation or his or her designated representative chose that the citation is invalid or that the violation has been corrected prior to appearing before the enforcement or licensing board or designated special magistrate, the enforcement or licensing board or designated special magistrate may dismiss the citation, unless the citation is irreparable or reversible. So there's a may in there that the board may dismiss. It's not mandatory that the board dismiss the citation, if it's shown that it is invalid or corrected. But the board has that latitude in the situation. CHAIRMAN JOSLIN: So at the moment, in favor, one more time. All in favor of this motion, signify by raising your hand. MR. JERULLE: (Indicating.) MR. HORN: (Indicating.) MR. L YKOS: (Indicating.) CHAIRMAN JOSLIN: Three in favor. Page 15 February 18,2009 All of those opposed? MR. BOYD: (Indicating.) MR. GUITE': (Indicating.) CHAIRMAN JOSLIN: (Indicating.) Three opposed. MR. NEALE: Motion fails. CHAIRMAN JOSLIN: Motion fails. MR. OSSORIO: Mr. Chairman, I just wanted to clarify, the motion was to uphold the citation? CHAIRMAN JOSLIN: Correct. MR. OSSORIO: So it fails. So in other words, it stands as is-as MR. L YKOS: No. MR. OSSORIO: -- versus dismissing it. CHAIRMAN JOSLIN: Dismisses it. MR. L YKOS: Right. MR. NEALE: Dismisses it. CHAIRMAN JOSLIN: Right. Okay, you're free to go, and your citation has been released. MS. UGHI: Thank you very much. CHAIRMAN JOSLIN: Okay, the next case is a James F. Case. Are you present? MR. CASE: Yes. CHAIRMAN JOSLIN: Would you please come to the podium and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Case, it appears that you are trying to qualify a second entity. MR. CASE: Yes. CHAIRMAN JOSLIN: You are -- own now Case and Sons, Inc.; is that correct? MR. CASE: Yes. Page 16 February 18, 2009 CHAIRMAN JOSLIN: And you want to qualify your son, I assume. MR. CASE: Yes. CHAIRMAN JOSLIN: First question I have for you, how many sons do you have? MR. CASE: Two. CHAIRMAN JOSLIN: Two, okay. Would you please give us a little insight as far as why you're going to do this and what's going to -- MR. CASE: Relatively simple. The economy's terrible. My son lost his job. He needs work. I don't want to see him leave Naples. He's well known, well educated, ready to do the work. So we're trying somehow to get him to get going here in Collier County. I thought I could just simply put him underneath my license to prove that -- well, he's still on our Case and Sons directory board, my son and my wife and myself. But he wants to do a business on his own so that he doesn't implicate me. And he wants me to be a part of it but I can't do that until we're sure that it's okay with you guys that he works, and then we'll work out some kind of percentage down the road as we get gomg. So that's where I'm at, just trying to get him work. CHAIRMAN JOSLIN: What percentage of the new company are you going to own? MR. CASE: That's debatable right now, but I think we discussed 25 percent of it. I want him to have the bulk of it. MR. L YKOS: Mr. Ossorio, I didn't see any red flags in this packet when I went through it. Is there a recommendation from staff? MR. OSSORIO: Yeah, I recommend you approve Mr. Case's land -- are you unrestricted landscaping or restricted? MR. CASE: It's an unlimited -- MR. OSSORIO: Unlimited. Page 17 February 18,2009 MR. CASE: -- license. Yeah, I've had it for 25 years or so. MR. OSSORIO: And that means your son will be unlimited as well. MR. CASE: Yes. So he can diversify ifhe needs to landscape or ifhe needs irrigation or whatever we have to go through permitting-wise. MR. OSSORIO: And within 24 months under your direction he can apply for his own license -- MR. CASE: Yes. MR. OSSORIO: -- and take the exam. MR. CASE: Yes. MR. OSSORIO: I have no problem. CHAIRMAN JOSLIN: I've looked at the packet. I see nothing. The credit app. is impeccable and the man seems to be in pretty good shape. I just need a motion. MR. L YKOS: I make a motion that we approve the request to qualify a second entity. MR. GUITE': I'll second. CHAIRMAN JOSLIN: I have a motion and a second. Any discussion? (No response.) CHAIRMAN JOSLIN: No discussion, I'll call for the vote. All those in favor of granting this request to qualify the second entity, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) Page 18 February 18,2009 CHAIRMAN JOSLIN: So moved. Motion carries. MR. CASE: Thank you very much. CHAIRMAN JOSLIN: You're in business. Next we have a Wayne W. Womack. Request to reinstate the license without retesting. Come up to the podium and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Womack, you are (sic) a electrical contractor at some point? MR. WOMACK: That's correct. CHAIRMAN JOSLIN: And you are trying to reinstate your license without taking a new test. MR. WOMACK: That's correct. CHAIRMAN JOSLIN: It says here on our packet that you haven't used your electrical license since 2003. MR. WOMACK: That's correct. CHAIRMAN JOSLIN: And did you not put your license dormant or -- MR. WOMACK: Not to Collier County competency card. I kept my state part of the license up, I kept insurance. I didn't keep my workmen's compo because I was working under someone else's license. And just failed to keep the Collier County part up or put it on dormant. CHAIRMAN JOSLIN: This packet has a lot of flags in it. How long have you worked for the other company that you're working for now? MR. WOMACK: I'm not now. I'm laid off. I had worked for them for almost five years. CHAIRMAN JOSLIN: Does the board have any other questions regarding any other items in the packet? MR. JERULLE: If I understand this right, he wants to renew his license without taking the test? Page 19 February 18,2009 CHAIRMAN JOSLIN: Correct. He was licensed as far back as 2003 and since then he hasn't been licensed in Collier County. MR. JERULLE: And we've had some code changes? MR. OSSORIO: What -- typically what happens in our -- in this particular case is that you have 18 months to renew your certificate. If you don't renew your certificate and you haven't taken the exam within three years, you have to reexamine and retest. But typically when we deal with state registration, pool, electrical, mechanical, whatever, state registered contractors, they tend to renew their license, their certificate with Tallahassee, their registration, and they have what you call continuing education. So if this is true, ifhis license is current with the state, his certificate, then he has done all the continuing educations, what he needs to do to be licensed for us. And this is not uncommon. We've seen four or five of these this year and last year. And we've granted them reinstatement without taking the exam, due to the fact that they have kept their state registration up current and active and kept their credit hours up. MR. NEALE: And Mr. Ossorio's making a point that this board has in the past where they've maintained their continuing ed. through the state have typically granted -- really what you're doing in this instance is you're not granting the license, what you're doing is waiving the requirement to retake the test. MR. GUITE': Have you taken your continuing education? MR. WOMACK: Yes. Yes. And there was a lot of those code changes in that continuing ed. As a matter of fact, that's about all there was this time. CHAIRMAN JOSLIN: It appears that when you had your license originally that you operated as Unique Lighting Design -- MR. WOMACK: That's correct. CHAIRMAN JOSLIN: -- is that correct? MR. WOMACK: That's correct. And I had gotten rid of that Page 20 February 18, 2009 company name, the tax I.D. and everything. So I just wanted to bring it back under my name and, you know, just by myself without a company name. CHAIRMAN JOSLIN: Okay. In looking at the packet, I see a credit report here for Unique Lighting Design. MR. WOMACK: Yes. CHAIRMAN JOSLIN: That is most recent as January of'09. There are several items on your credit report reflecting some collections. MR. WOMACK: Okay. Are you looking at the alias name down there that Tallahassee gave me? Is that one of them? CHAIRMAN JOSLIN: I'm looking at Clyde W. Womack, under Unique Lighting and Design. MR. WOMACK: Okay. And the credit card? CHAIRMAN JOSLIN: Well, I've got three of them. One for Conserve for $625 -- $763 now. Gulf Coast Collections and Kansas Counselors. Professional Adjustment Company. You want me to go on? There's several. In '03 it appears that you had an original American Express that was current back in '03, '02, '05. These are showing up as recent, unless I'm reading this incorrectly. MR. WOMACK: I didn't bring it with me. CHAIRMAN JOSLIN: Are you aware of this, that it's on your credit report? MR. WOMACK: Some of that that's on my personal, one of them is I had a conflict from an apartment complex that we had over on the other coast that we moved out early on, we gave them the letters, all that kind of stuff. That one I know. A couple other ones were stemming from medical issues that, you know, our insurance said they paid, medical facilities says they was outstanding balances back and forth on that. And there's one against Unique Lighting and Design, a credit card, which the company Page 21 February 18,2009 never had a credit card. And I wasn't aware that showed up till I got that credit report. Because the only credit I had when I was in business before was just with supply houses. CHAIRMAN JOSLIN: The biggest one that I see is a problem is one forNCO Financial for $13,000, almost. MR. WOMACK: I've got to the research that one, because right off the top of my head I don't know that one. That was on my personal, correct? CHAIRMAN JOSLIN: It's on the same application or it's on the same report under Unique Lighting or under Clyde W. Womack. Were you operating -- back then you were probably operating as a sole proprietor, is that what it was? MR. WOMACK: I started out that way. And the tax adviser said, you know, as I was bringing on more guys, that I needed to do an S Corp., so we did that. Like I said, the company never had any -- other than just working with supply houses, I never went and borrowed money; I never had any credit cards. CHAIRMAN JOSLIN: Pleasure of the board? MR. L YKOS: Well, you know, I always like to, when we get these credit reports, look and see what's going on with the mortgage. The mortgage is current. So it doesn't look like he has any real financial problems. He has a few items that looks like if he put his effort to it he could probably clean it up. But it looks like his primary credit accounts are current. And based on historical information, seems like we approve these based on the fact that he's kept his license current with the state. So I'll make a motion that we approve reinstating the license without testing. MR. GUITE': I'll second. CHAIRMAN JOSLIN: We've got a motion and second on the floor. Any discussion further? Page 22 February 18, 2009 (No response.) CHAIRMAN JOSLIN: I'll call for the vote. All those in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. You're all set. MR. WOMACK: Thank you, sir. CHAIRMAN JOSLIN: You're welcome. Try to get that cleaned up, though. That would be good for you to get that off your record. MR. WOMACK: Yeah, I definitely will check into that. Anything else? CHAIRMAN JOSLIN: That's all. You're free to go. A Mr. Robert Hammond, are you here? (No response.) CHAIRMAN JOSLIN: Mr. Hammond is not present. How about -- I'm sorry, how about Ms. Damarys Silva, are you here? MS. SILVA: Uh-huh. CHAIRMAN JOSLIN: Let's go back to this one. Okay, this is the first one. Would you come to the podium and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Ms. Silva, you're here today to qualify your license or appeal for a license being approved due to your credit report? MS. SILVA: Yes. CHAIRMAN JOSLIN: You want to give us a little insight on Page 23 February 18,2009 what's -- MS. SIL VA: Okay, my credit report. I have an investigator working on it. When I applied for the -- when I tried to apply for the license the first time, I went and took the test. Then they, in the package, told me that I had to ask for a credit report. I did. And I had three credit cards, which is the ones that come up in the collections, which is Victoria Secret, Capital lC. Penney and Target National Bank. And owe one of them, which is lC. Penney. Victoria Secret, I don't know what happened, I have been working on it. And Target National Bank also. When I pulled the first credit report in 2007, November 16th, I had a score of 481. I have had that investigator working on it since. And now the credit score went up. He's been able to take some stuff off that doesn't belong to my credit and it went up to 641. The two that I have left, you know, he hasn't been able to do anything. They haven't found any payments, any checks, nothing from myself, so I'm going to have to pay for it. And I'm willing to pay for it. The rest, it's just showing what I had before. And I had a car with my mom. We -- unfortunately we had to give it in. I lost my job and she went bankruptcy (sic), so they took that off. Which says P&L write-off. The only thing that shows on the second page, it's showing the balances for the other accounts that were closed. If you can see, Macy's was closed. I don't owe anything on that. They put zero, closed by credit granter. You know, it doesn't belong to me. And, you know, my credit's gotten better since I got that investigator working on it. And the other three cards that they can't do anything about it, I'm just going to have to pay for that. CHAIRMAN JOSLIN: The license that you hold right now is a cabinet license; is that correct? MS. SILVA: I'm sorry? Page 24 February 18,2009 CHAIRMAN JOSLIN: The license that you have now is a cabinet license? MS. SIL VA: That's the one that I'm applying for, a cabinet license, installation, which falls on the granite. Because the main thing that we're going to do is a granite installation, which is granite tops, granite countertops. MR. OSSORIO: She's applying for a cabinet installation contractor, which is a -- also does countertops. She doesn't have her license, she's applied for one. And under the code, if a licensing supervisor is unable to come to a conclusion and the license seems to be in question for many different reasons, it gets forwarded to the licensing board. I did check her reference and that seemed to be fine, so the experience is there. But she does have some questions. Since she has no business credit, she has some issues with her personal credit, which gets forwarded to the board. CHAIRMAN JOSLIN: On this packet you have before us from Yero's Investigation Corporation, how long have they been researching this credit problem you have? MS. SILVA: Since 2007. Since I apply for the license and I discover that I needed a credit report, then when I pulled the credit report is when I noticed what was happening. So he started working on it and he's been doing a great job. The three that are in the front, those are the only ones that I'm going to have to pay for, because there's no way we can fix that. And I know that I owe lC. Penney, but Target and Victoria Secret, I don't. But they've sent me letters. You know, they don't have any proof of me making payments on those cards. I never received a bill. So they have to fix it. And he's still working on it. But if we can do that, and if I have to pay for it in order to get my license and to become clear, then that's what I'll do. But I need the license, because we need to work. And, Page 25 February 18, 2009 you know, this is -- we've been trying to do this since '05, and now it's finally becoming, you know, a dream come true. CHAIRMAN JOSLIN: Any recommendations from staff? MR. OSSORIO: I recommend we approve it and six-month probation and then in six months let's see her credit. And if she pays off J.e. Penney's within six months, I'll be fine with it. CHAIRMAN JOSLIN: Okay. Pleasure of the board, or is there a discussion? MR. L YKOS: Just a little thing, but the letter from Yero's Investigation Corporation, that letter's not dated. And I don't like a business that sends out a letter without a date on it. For all we know that's a two-year-old letter and there's no more effort being done to investigate your credit history. So I think whenever you come in front of the board again, I'd like to see some verification that this is an actual ongoing investigation -- MS. SILVA: Yes. MR. L YKOS: -- okay? MS. SILVA: Yes. CHAIRMAN JOSLIN: I think I would like to see it sooner than that. Probation, if we do grant this license for a six-month period, it would be six months before she appears before us again. And this she says has been ongoing since '07. So I'm sure that Yero's would have no problem in dating this letter to show that they have been investigating this since '07. MS. SIL VA: I can have him fax it to the county, ifhe has to. CHAIRMAN JOSLIN: Okay. Any other discussion? (No response.) CHAIRMAN JOSLIN: I'll make a motion that we approve her application for this license, Unique Marble and Granite Corporation, and for a six-month period to be brought back for a credit review, to be brought back before the licensing board or given to staff. If staff Page 26 February 18,2009 finds any discrepancies or anything that's negatory towards it, that you come back before the board. And also to have at least that one paper from Yero's faxed to the staff -- MS. SILVA: I'll have it faxed tomorrow. CHAIRMAN JOSLIN: -- when it's done. And if that's presented, then they can go ahead and proceed with your license. So that's a six-month probationary license, gentlemen. MR. GUITE': I'll second that. CHAIRMAN JOSLIN: One last thing to the motion. Ifin that six-month period, if she does adhere to all the things that we've asked, then it will become a permanent license after that time. MR. GUITE': I accept. CHAIRMAN JOSLIN: Motion and a second. Any other discussion? (No response.) CHAIRMAN JOSLIN: All those in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MS. SILVA: Thanks. CHAIRMAN JOSLIN: Good luck. Okay, who are we missing still? All right, we have a Robert Hammond still. Have you come in yet, Mr. Hammond? (No response.) CHAIRMAN JOSLIN: No. If it appears that Mr. Hammond was Page 27 February 18,2009 given a -- contesting a citation that was given to him by Mr. Jackson? MR. JACKSON: That's correct. I have some information if -- I'd like to be sworn in. CHAIRMAN JOSLIN : Yes. (Mr. Jackson was duly sworn.) MR. JACKSON: For the record, Ian Jackson, Contractor Licensing. Mr. Hammond called me late last week, Thursday or Friday, stating that he was most likely going to pay the tickets, rather than show up for the hearing today. I had a complainant in this case that showed up this morning to testify where she was given a copy of the check that Mr. Hammond had supposedly mailed to the county. So I believe that's why he's not here. The check should be at the county and be processed. So I do believe he paid it. CHAIRMAN JOSLIN: So the contesting of this citation is really invalid, we don't even need to hear it then, do we? MR. JACKSON: Correct. CHAIRMAN JOSLIN: Okay. Do we need to put that in the form of a motion or we just take it off the table? MR. NEALE: (Shakes head negatively.) CHAIRMAN JOSLIN: Okay. That seems to be everything for new business. One other last item. On here it says order to pay civil penalty. Mr. Ossorio? MR. OSSORIO: Mr. Chairman, how we doing today? CHAIRMAN JOSLIN: Just fine, how are you? MR. OSSORIO: Excellent. I'd like to go ahead and put into evidence the civil penalties of citations, 44 of them. CHAIRMAN JOSLIN: Okay. Make a motion that we put the order to pay civil penalties into evidence. Page 28 February 18,2009 MR. JERULLE: Second. CHAIRMAN JOSLIN: Motion and a second. Any discussion? (No response.) CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: So moved. MR. OSSORIO: Mr. Chairman, this is an ongoing issue that the county attorney and myself and the board's attorney has been working on for several months, and we are finally coming to the end. We do have a process for the paying civil citations, we have letters sent out, and we are in the final stages since -- if it pleases the board, that we are ready to have the chairman sign off on the final order. I have the orders here. Those are the individuals that have not paid. And with that, I would like to go ahead and submit that they have not paid and proceed with the chairman to sign off on the final orders of those individuals. CHAIRMAN JOSLIN: Are these individuals out here that haven't paid these penalty fees, or are these contractors or licenses? MR. OSSORIO: I would say that probably most of them are not contractors. Most of the people that we've issued tickets to that are contractors have paid. Or if the contractors are unlicensed, then they come into compliance and they pay. So these are probably the unlicensed contractors within the last year. But we should be caught up. And you'll see this periodically in the future but with less names, obviously, because I think we're getting Page 29 February 18,2009 a really good robust turnaround. Karen Clements heads up our citation process and it has been working extremely well. So this is just playing catch-up. And this is 44 orders here ready to be signed, so we just needed approval from the board to do so. MR. NEALE: What will be done is I'll draft an order for your signature, for the chairman's signature. That order will then be -- I'll transmit it to the staff. Staff will then record that order in the county -- in the public records of Collier County. And it will then constitute a lien on all of these people's property. So if the title search is done, say if they're selling their house or anything else, that that order will show up on the public records. And so, you know, we've got the orders here and they're just going to be recorded. And when they're recorded, it's done, you know. And so the good news is if somebody does try to sell a house and -- you know, of that name, at closing, in order to get a clear title, they're going to have to pay the lien. CHAIRMAN JOSLIN: We'll get our money then. MR. NEALE: Yeah. MR. JERULLE: This is from 2008, Michael? MR. OSSORIO: These are for the last year, yes. And we really didn't have a process in play to send out letters reminding these consumers that they need to pay their penalty. And so hopefully in the future you won't see this many. But the first time unfortunately that we need to play catch-up, and this is what we're doing. We've had the orders, they're ready to be signed under approval of the board and the board's attorneys. We're ready to go. MR. NEALE: Mr. Joslin and I will be signing 44 orders. CHAIRMAN JOSLIN: Today? I just need a motion. MR. GUITE': I make a motion to approve. Page 30 February 18,2009 CHAIRMAN JOSLIN: And a second? MR. JERULLE: Second. CHAIRMAN JOSLIN: We've got a motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. OSSORIO: Thank you. CHAIRMAN JOSLIN: All right, moving right along. One thing in old business we have, Mr. Courtney's been so patient. Mr. Calvin Courtney, would you please come to the podium and be sworn in one last time, please. Hopefully. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Courtney, I remember you well. I know you've gone through some hoops, but obviously you're here today, so I'm quite certain you probably have your things in order. MR. COURTNEY: Yes. CHAIRMAN JOSLIN: You were ordered to come back and show us paperwork I believe Mr. Lykos wanted to request to hear, which was end of year profit and loss statement. MR. L YKOS: And a balance sheet. CHAIRMAN JOSLIN: And a balance sheet. Did you have those items that you can present to us? MR. COURTNEY: I do. I wasn't exactly sure which date to make the balance sheet effective, so I did it as of the 15th of February. Page 31 February 18,2009 The profit and loss I presented in mid-December. You guys gave me a bye at the meeting in January because of a death in the family. So what you have, what Ian has over there, has the balance sheet for Southern Exterior Enhancements as of February 15th. It's a humble and quiet sheet. The death in the family has changed my priorities since mid-December and the company is not doing much. But he has it there and it's okay. It's better than some people, I'm sure, but it has very little activity compared to the half a million dollars in revenue between April and December that I presented to you. It has dropped to nothing, as I have not been in Naples. But Ian has the information. CHAIRMAN JOSLIN: Mr. Jackson, you want to put those into evidence? MR. JACKSON: I think Mr. Ossorio took that. CHAIRMAN JOSLIN: He's going to do that for you. Okay. He's Johnny-on-the-spot today. MR. COURTNEY: There's one other piece of information contained in this, and it's the workmen's compo and liability search that you asked for, Mr. Joslin. I had a large number in my casual labor in the P&L and you wanted to see that I was using a correct entity. So if you'd like me to, I can walk you through this balance sheet very quickly. MR. L YKOS: Yeah, if you would explain the details behind all the line items, that would be great. MR. COURTNEY: Okay. The cash is cash earnings. There's some of this -- I don't have it in here earmarked for the federal income tax liability. We estimated about $4,000 for the fiscal year '08. There is in that cash line of $13,700 a $2,200 customer deposit. The pavers have been purchased. You can see the inventory on the bottom. It's about a 15 percent deposit on a 12,000 to $13,000 contract that's to be installed with a right-of-way permit having been issued next Monday. Accounts receivable. I have some customers that owe me some Page 32 February 18,2009 money. I had to leave town quickly because of the death. So I'm back now, so those will be settled. There's some people that owe me for some paperwork. Inventory. I have some flowering trees and paver bricks that are paid for that are sitting in inventory. Fixed assets: Hand and office equipment, typical things for paver brick, landscape contractor. You know, there's computers, there's compactors, there's augers. It goes on and on. It's a pretty long list. Rolling equipment: Our 30-ton trailers, dump trucks, pickup trucks, crew trucks that I own, they're all clear and free. There's no notes on anything. Liabilities and net worth: My current liabilities, I owe $3,200 to a tree broker in Homestead, Florida. Fixed liabilities: My notes payable is a customer, former customer that you guys are aware of. I think your office actually structured that note. And I'm in the process of paying that. And it's current, by the way. So, very simple. MR. L YKOS: You stated that part of your cash was a deposit from a client? MR. COURTNEY: It is. MR. L YKOS: Well, that's actually a liability. You understand how that works? Because if you didn't do the job, for whatever reason you couldn't do the job, you'd have to pay that money back. MR. COURTNEY: If the inventory is paid for, is it alia-- MR. L YKOS: You have a deposit from a client, it's a liability. You just stated that there was a death in your family so you haven't been able to work. If you have a deposit from a client -- MR. COURTNEY: All right. MR. L YKOS: -- and for any reason that job could not be performed, or up until the date that you start that job, that's a liability, Page 33 February 18,2009 okay? It isn't -- it might be cash in the cash flow report, but it isn't -- in terms of a balance sheet, it's not cash, it's a liability. MR. COURTNEY: Because it's owed to another, I see what you're saying. MR. L YKOS: You should have an offsetting line item for that liability, okay? My concern is that your current assets, your current liabilities, that you end up creating debt again like you did before. MR. COURTNEY: Uh-huh. MR. L YKOS: So without having your true current liabilities listed and your true current assets listed, we can't see if that trend starts to develop, okay? So my concern is that your ongoing operation, rather than being profitable, is doing the opposite, you're creating debt again. And then we'll end up with jobs that you can't finish because you don't have the money or jobs that you get done and then you have vendors that you can't pay. That's how your last problem got started. So we wanted to make sure that doesn't happen again. So the comment I made to you last time was you had enough money to hire an attorney to get to the point where you got your license back. I would like to see a P&L and a balance sheet that are audited so that we can verify that your ongoing business is truly profitable. MR. COURTNEY: Okay. My question -- my recollection, Mr. Lykos, was I asked if you wanted that last time and you said it wasn't necessary. And I thought we even went to the point that we discussed I was using a very simple software program and that I would have to create it, and I thought that was okay. If that's what you request, I will spend that money, and I'd like to get it all behind us. MR. L YKOS: I understand. But seeing this report and your explanation of it, I have a better understanding of what your Page 34 February 18,2009 understanding is of a financial statement, so I think I'd want to see that. And -- MR. COURTNEY: And I don't by any-- MR. L YKOS: -- I want you to work with somebody that understands that a customer's deposit is a liability. MR. COURTNEY: Okay. MR. L YKOS: Okay? We really want to see the profitability of the ongoing operation, okay? CHAIRMAN JOSLIN: This is the only job that you have done? The job that you have the deposit on now is the only job you have underway at this particular moment? MR. COURTNEY: Yes, it is. That will change. I'm back in Naples, so that will change. And I felt like I was in a pretty good position. I understand your concern. And I would have done that the first time, had I known the -- MR. L YKOS: Just -- MR. COURTNEY: -- requirement. But I am not an accountant-- MR. L YKOS: I'm not holding it against you, I just want you to understand what it is that we're looking for. The other thing is your rolling equipment, you list it as $38,000. We don't know what the value of that is. I mean, market -- street value of that. You might have real street value of that equipment right now. It might be 10 percent of what you show. MR. COURTNEY: That's right. MR. L YKOS: Okay? The balance sheet is very critical, because that's where we see, not only from the P&L, but that's where we see if there's debt being created. I would like to see a true current ratio for you, which is your current assets and your current liabilities. I don't want to see your fixed assets covering your current liabilities, okay? Page 35 February 18,2009 And when you take out your customer deposits out of your cash, that may be the case. And since we don't know what that math is, I don't want to see your fixed assets covering your current liabilities. That means your ongoing operation isn't profitable. Okay? MR. COURTNEY: Gotcha. MR. L YKOS: So if you talk to an accountant, it might -- it doesn't have to be a CPA, but if you talk to somebody with -- I don't want to recommend any companies specifically, but In Balance is a company that understands a financial statement. I don't know if they're CPA's or not, but they'll be able to separate out current assets and current liabilities so that we can see their ongoing operation is profitable. Okay? MR. NEALE: Mr. Lykos, just so that he's -- Mr. Courtney's clear and we're all clear, are you actually calling for a fully audited statement with an auditor's opinion on it, or are you calling for a statement that's essentially a review statement that's done by a professional and submitted as a professional? Because obviously an audited statement's going to cost Mr. Courtney a pretty fair chunk of money. MR. L YKOS: Yeah, I'm not looking for an audited statement. I'm looking for a statement done by a third party that can produce a financial-- a balance sheet and a P&L with generally accepted accounting principles. CHAIRMAN JOSLIN: So a licensed CPA would be something that would be -- MR. L YKOS: Well, that's probably overboard. You don't need to be a licensed CPA. There are people that perform accounting servIces -- MR. COURTNEY: Bookkeepers. MR. L YKOS: -- that are not licensed CPA's. CHAIRMAN JOSLIN: Right. MR. L YKOS: And I said the -- I just lost the name of that Page 36 February 18, 2009 company. MR. COURTNEY: In Balance. MR. L YKOS: In Balance. I know that they perform that service and they're not CPA's. And I'm not recommending them as a company, I'm just saying that's an example ofa company that can do that for you. Especially with not a lot of business, they could probably go through your transactions to come up with that relatively easily. Okay? CHAIRMAN JOSLIN: As far as the insurance portion of what I asked you for, Mr. Courtney, that seems to be in line as far as the carrier that you have now. One other thing, though, going back to this balance sheet. Is this something that we need to have him do immediately, within the next meeting, or do you want to give him some time to put all this together, as long as it's presented. Right now his license is active, is that correct, and he is working? MR. OSSORIO: That's correct. And my assumption is, is that if he comes to the board next month, these numbers would change drama -- change. CHAIRMAN JOSLIN: Right. MR. COURTNEY: Yeah, I hope so. CHAIRMAN JOSLIN: So does 30 days or next meeting work for you as far as being able to bring this information to us? MR. COURTNEY: I have no problem. I could simulate it much quicker than that, but I think that Mr. Ossorio's bringing a valid point, that in 30 days with me being back in Naples, in Collier County, that you'll see more activity. I'd love to do it the simple version. You guys probably want the good one. MR. L YKOS: I'm fine with the fact that there's more activity. I want to see numbers that represent your business -- MR. COURTNEY: I thought that's what you'd look for. The one question I have is that I'm on probation, and I frankly Page 37 February 18, 2009 have forgotten and gotten a little confused in the process. I don't remember if it was six months or a year, maybe Mike does. And I didn't know, if I satisfy this, does the probation terminate? CHAIRMAN JOSLIN: Yes. MR. NEALE: Um-hum. MR. COURTNEY: Okay. So my hope was if that can be true, not that I anticipate any problems, but just conventional wisdom, can I give this to Mike or does it have to be a full board review? Or can I give it to Mr. Lykos between now and the next meeting date? CHAIRMAN JOSLIN: No, I think that's something I think this board needs to review as a board, not so much as putting that responsibility onto either Mr. Ossorio or onto one of the members of the board. As a board, we need to hear this as a board. And then we have also guidance from our board attorney -- MR. COURTNEY: I understand. CHAIRMAN JOSLIN: -- ifthere's a problem. It would be better in your interest and in ours if you'd do that that way. MR. OSSORIO: Your problem is with the licensing board, not with the contractor licensing office. So probation starts here. MR. COURTNEY: Anything else from me? CHAIRMAN JOSLIN: No. If you feel that this can be done within the next meeting, then we'll go ahead and put you on the agenda again for next month. MR. COURTNEY: I would love that. CHAIRMAN JOSLIN: Okay, we'll try to get this-- MR. COURTNEY: And you want it as of what date? You want the balance sheet and the profit and loss as of what date? MR. L YKOS: The balance sheet is typically done -- well, you're not going to be producing it with your own software. So if you do the balance sheet as of the end of business on February -- at the end of February, is that the 28th, then the P&L, do it the same day. So you're both -- Page 38 February 18,2009 MR. COURTNEY: That's closer to the meeting day. MR. L YKOS: -- you're done through February. MR. NEALE: And his probation runs until May of this year. CHAIRMAN JOSLIN: Of May. MR. NEALE: It was imposed May of 2008, so it runs until May of this year. CHAIRMAN JOSLIN: Okay. MR. COURTNEY: Thank you. CHAIRMAN JOSLIN: Thanks. All right, that ends pretty much old business that we have going today. There is one public hearing. Do we need a break of any kind? THE COURT REPORTER: No, thank you. CHAIRMAN JOSLIN: No. So moving right along. Okay, this is public hearing in the order of Case No. 2009-04, which is Raymond Berube, d/b/a Berube Brothers, Incorporated. I assume that staff is going to present this case? MR. OSSORIO: That's correct. Allen Kennette. CHAIRMAN JOSLIN: Mr. Kennette, would you come up and be sworn in, please? MR. NEALE: Is Mr. Berube even here? CHAIRMAN JOSLIN: No. Not yet. (Mr. Kennette was duly sworn.) MR. KENNETTE: My name is Allen Kennette, Contractor Licensing Compliance Officer. This case is involves Berube Brothers, the actual -- it involves Berube Brothers, Incorporated, doing a pool. You'll hear testimony from the complainant, Mrs. Janet Vanroden, who's the owner of the property of a signed contract and what was expected of the pool contractor to do. We will also give testimony that a proper notification was served Page 39 February 18,2009 to Berube Brothers Incorporated, Raymond Berube, the qualifier of the company, with no response from him at all. CHAIRMAN JOSLIN: All right. Before us we have a packet here with Case No. 2009-04 for a Raymond Berube, d/b/a Berube Brothers, Incorporated. His license no. is CPC1456893. I need a motion to put this packet into evidence. MR. L YKOS: So moved, Lykos. MR. GUITE': Second, Guite'. CHAIRMAN JOSLIN: Moved and seconded. Any discussion? (No response.) CHAIRMAN JOSLIN: All those in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. One last item here. Mr. Neale, if you could help us. Mr. Berube apparently is not present at this meeting for the case. We can proceed? MR. NEALE: The only thing that you have to make sure that you get on the record is the fact that he was properly served, that he received proper notice, and that he essentially ignored that notice. CHAIRMAN JOSLIN: Okay, then let it be known that Mr. Raymond Berube with License No. CPc1456893 was properly notified to be at this meeting and has chosen to not be here. MR. McNALL: Well, what you need is testimony from county staff as to how the service was accomplished and -- CHAIRMAN JOSLIN: I'm sorry. Okay. MR. KENNETTE: Yes, testimony -- my testimony is that we Page 40 February 18,2009 mailed two certified letters on January 14th of'09: One to the residence of business, which was checked. The residence of business was evacuated, there was nothing left in the office. The second letter, certified letter return receipt was sent to his home address at 3561 17th Ave. Southwest, with no response. Two calls were made to relatives of his with no return response back from either call. CHAIRMAN JOSLIN: Are those the official use receipts I see on Page E-16 of the packet? MR. KENNETTE: Yes, they are. CHAIRMAN JOSLIN: So it is obvious that he was served properly -- MR. KENNETTE: Yes, they were. CHAIRMAN JOSLIN: -- in two different locations? MR. KENNETTE: Right. CHAIRMAN JOSLIN: Neither one you got a response on? MR. KENNETTE: The only one that was returned with address unknown we got after the packets was delivered. That came back to the office finally, which was 30 something days that we finally got it back unopened and returned. The other one we haven't received yet. And this was the one for the Mannix Drive, which would be the address of the business itself, Mannix Drive, Unit 513. Return to sender unclaimed, unable to forward. CHAIRMAN JOSLIN: Okay. Mr. Kennette, then if you want to have some opening statements as far as what actually transferred and what happened here, what the case is about? MR. KENNETTE: Okay, did you want to hear from the homeowner first or did you want me to -- CHAIRMAN JOSLIN: If you would like to call the homeowner as a witness, you may. MR. KENNETTE: Yes, I would. I'd like to have the homeowner, Page 41 February 18,2009 Mrs. Janet Vanroden be sworn in and give a brief statement. CHAIRMAN JOSLIN: What's the name again? Sorry? MR. KENNETTE: Her last name is Vanroden. V-A-N-R-O-D-E-N. First name is Janet. CHAIRMAN JOSLIN: Ms. Janet Vanroden, would you come up to this other podium please and be sworn in. (Ms. Vanroden was duly sworn.) CHAIRMAN JOSLIN: Mr. Kennette? MR. KENNETTE: Mrs. Vanroden, just give the actual followings of what happened when you hired the company to do the pool for you and what transpired and where we're at now. MS. V ANRODEN: Back on March 17th of 2008, we hired Berube Brothers Pool Company to construct a pool for us. The pool was partially constructed and we've not been able to get in touch with Mr. Berube since the end of October. So we have to hire somebody else to finish the pool. CHAIRMAN JOSLIN: Did you observe this pool or this area? MR. KENNETTE: I went over to the residence and they were not home at the time I was there, so I did not go into the back to observe it. CHAIRMAN JOSLIN: How much of the pool was actually done? MS. V ANRODEN: I would say 95 percent of the pool. So-- CHAIRMAN JOSLIN: Was there water in it? MS. V ANRODEN: Um-hum. CHAIRMAN JOSLIN: What portions of it weren't done? MS. V ANRODEN: Well, we failed a couple inspections at the end of it. There's some electrical issues that need to be finished, some finishing issues that -- we've received a claim of lien. He's not paid his subcontractors, so we received notice of the liens. We received some notice of liens and we've received some intent, or at least one intent to lien, one claim of lien. Page 42 February 18,2009 MR. JERULLE: How much was the contract? MS. V ANRODEN: The contract was for $27,500. MR. JERULLE: And how much did you pay the Berubes? MS. V ANRODEN: All but 2,000 of that. MR. JERULLE: So you paid them 25? MS. V ANRODEN: Um-hum. MR. JERULLE: And how much were the liens? MS. V ANRODEN: Right now, well, the liens haven't -- there's actually I believe one lien on the property for somewhere in the range of$I,200. And we've received intent to lien in the range of3,500. We're expecting another. I mean, I believe -- I don't understand -- totally understand the lien laws, but I expect we'll receive others as well. MR. L YKOS: When did construction stop on the pool? MS. V ANRODEN: We were not in town, so that's a little hard to say. But I believe nothing has been done on the pool since the end of October. We were in town the end of October, somebody showed up, and that was the last that we believe anybody was on the property. MR. GUITE': You only have 45 days, right? MR. L YKOS: Right. Probably a lot of those liens won't be valid. MR. GUITE': Right. MS. V ANRODEN: We're hoping. MR. JOSLIN: No, that's not correct. You have 45 days to file your notice to owners and 90 days after the last material's on the job to file a lien. MR. GUITE': Is it 90 days? CHAIRMAN JOSLIN: It's 90 days. THE COURT REPORTER: Could you please repeat that? CHAIRMAN JOSLIN: Yes, you have 45 days to file your notice to owner after the first material on the job, and you have 90 days after the last material on the job to file a lien. MR. JERULLE: Have you got any prices to complete the work? Page 43 February 18, 2009 MS. V ANRODEN: Right. We have someone who is -- I believe he's filed to take over the permit or filed a separate permit. And that is going to be, we believe, in the range of $1 ,200 to complete. MR. JERULLE: To complete. MS. V ANRODEN: Um-hum. MR. JERULLE: So the contract was 27, you paid him 25,000. MS. V ANRODEN: Um-hum. MR. JERULLE: And right now there's a lien of 1,200. MS. VANRODEN: Right. MR. JERULLE: And there's another 1,200 to complete the work. MS. V ANRODEN: Right. And then there's -- wait a minute, let me get my -- MR. JERULLE: And there's an unknown of whatever liens. MS. V ANRODEN: There's a -- there's a copy ofa claim of lien that's been filed against our property in the amount of $3,811.48 by Hajoca Corporation. MR. L YKOS: What's the date of that lien? MS. V ANRODEN: January 7th. MR. JERULLE: So there's no $1,200 lien, it's a $3,800 lien. MS. V ANRODEN: So there'll be -- right. Two liens. And then we received a second -- or a third notice of lien that -- notice to owner. But nothing has been done on that. That was for the finishing of the pool. Baker Finishing. CHAIRMAN JOSLIN: But as of this date you haven't gotten a lien yet? MS. V ANRODEN: No. CHAIRMAN JOSLIN: Nothing's been recorded. Have you checked the county records to see if it has been recorded? MS. V ANRODEN: No. MR. JERULLE: So just bear with me. The contract was 27- five. MS. V ANRODEN: Right. Page 44 February 18, 2009 MR. JERULLE: You paid him 25. MS. V ANRODEN: Right. MR. JERULLE: You have one lien for 1,200. MS. VANRODEN: Right. MR. JERULLE: Another lien for 3,800. MS. V ANRODEN: Um-hum. MR. JERULLE: A notice of a third lien. Do you know what the amount of that -- MS. V ANRODEN: We have a notice of -- wait a minute. The third is I believe just a notice to owner. CHAIRMAN JOSLIN: What's the date on that notice to owner? MS. V ANRODEN: I'm sorry, I should have had this. MR. L YKOS: That's okay. MR. OSSORIO: Mr. Chairman, just bear with me for a second. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: Can I get sworn in, please? (Mr. Ossorio was duly sworn.) MR. OSSORIO: Mr. Chairman, I understand what you're trying to do. The charge is very, very simple. We're not looking to rehash the lien issues, money values. That's all going to be taken in account when we forward it up to Tallahassee for their review for a full-blown licensing board hearing through their office, through the licensing board. This is pretty simple. Unfortunately you can depict from the case that he failed an inspection, on E-12. And you'll hear testimony today from Allen Kennette that he has a failed electrical inspection, so there's a code violation at this noted residence, and it's our jurisdiction, our duty, ifthere's a willful code violation. Ifwe send this qualifier a notice, we have to bring it to the licensing board for review to suspend his building permit privileges. So this is what we're here for today. This homeowner has a pool full with water and the 502 has Page 45 February 18,2009 failed. And obviously she's going to get it corrected, but it is a serious offense when you fail electrical inspections in a pool when you deal with water. And you'll hear testimony from Mr. Kennette saying that it's not corrected, and through the homeowner as well. So I just want to make sure we keep on track of where we need to be. Numbers are fine, but this is all going to be played out through the state level as well. CHAIRMAN JOSLIN: Right. And I believe, Mr. Neale, correct me if I'm wrong, but the only thing that we really can do at this particular time is stop his permit privileges and -- MR. NEALE: That's the only -- really the primary purpose, as Mr. Ossorio correctly points out, that this hearing is to find him in violation, to stop him from having the possibility of pulling permit privileges and move this forward to Tallahassee with a recommendation of action to that. CHAIRMAN JOSLIN: Correct. MR. OSSORIO: So with that, Mr. Chairman, can I ask Mr. Allen Kennette a couple questions? CHAIRMAN JOSLIN: You sure may. MR. OSSORIO: Allen, can you please read Count I on your packet. MR. KENNETTE: Count I: Willful violation of applicable building codes or laws of the state, city or -- of Collier County. MR. OSSORIO: That's 4.2.2? MR. KENNETTE: 4.2.2. MR. OSSORIO: Can you turn to Page E-12. MR. KENNETTE: And that is -- violation is the failing of two inspections. One is a 204, it's a final plumbing. Something with the meter in the unit number was not ready. And the second one was a 502, the final electrical. The pool pump, pool heater not bonded to pool bonding system, one (sic) pound cover not screwed down to pounds. No access to check main panel to Page 46 February 18,2009 see exactly what was being drawn off the main panel from the house. MR. OSSORIO: And you can clearly depict the section of the Florida Building Code. Can you read that in the record, please? MR. KENNETTE: I'm sorry, where are you? MR. OSSORIO: It's -- I'll read it. The section of the Florida Building Code is 680.26(e), 680 .26(b). And those are the applicable Florida Building Codes. At this time do you know if they've been corrected? MR. KENNETTE: No, they haven't. MR. OSSORIO: So it's your opinion that there's still code violations at this house? MR. KENNETTE: Yes, there is. MR. OSSORIO: And it's your opinion that you sent him notice under 4.2.2 that he violated the Florida Building Code? MR. KENNETTE: Yes, I did. MR. OSSORIO: And you've given him all reasonable notice that you tried to make contact with him personally by phone and by certified mail? MR. KENNETTE: That was done properly, yes. Even at the business. Even though there was nothing in the office, I posted on the door. MR. OSSORIO: And with that, the county rests its case. CHAIRMAN JOSLIN: Ms. Vanroden, if you'd like, you can have a seat, please. Since Mr. Berube is not here to either cross or present any side of the case, due to his own efforts of not being here, then we can move right along to closing statement. The case has been presented as far as the evidence. All the evidence has been presented that's going to be. Mr. Ossorio, or Mr. Kennette, if you want to make a closing statement on this -- MR. OSSORIO: I will. Page 47 February 18,2009 CHAIRMAN JOSLIN: -- and then we'll close the public hearing. MR. OSSORIO: It was heard today in testimony that Raymond Berube Brothers did enter into contract to build a single-family pool. It was also clear on the record that he violated the specific state statute, and he also violated Florida Building Code and also violated Count I of 4.2.2, willfully violating the applicable building codes of laws of the state, the city and the county. We recommend you find Mr. Raymond Berube guilty of violating the Florida Building Code and guilty of 4.2.2 of willfully violating the applicable building codes of the laws of the state, city and Collier County. CHAIRMAN JOSLIN: Thank you, Mr. Ossorio. Once again, Mr. Berube is not here to respond, unfortunately. So at this time I think we'll make a motion to close the public hearing, unless the staff has any other evidence they want to bring before us before we do that. (No response.) CHAIRMAN JOSLIN: No. Motion? MR. L YKOS: I make a motion that we close the public hearing. MR. GUITE': Second, Guite'. CHAIRMAN JOSLIN: Motion and a second to close the public hearing. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. This is -- gentlemen, and guests in the audience, this is when we Page 48 February 18, 2009 go into deliberation ourselves to decide whether or not this crime or this case is found guilty or not guilty of the penalty that he's being charged with. MR. L YKOS: It's pretty straightforward. CHAIRMAN JOSLIN: It doesn't need a whole lot of discussion on this one, I don't think, huh? MR. NEALE: With the board's permission, I'm not going to go through the whole charge to the board, because I think the board members are fully apprised of what their responsibilities are in this matter and can handle it without that. CHAIRMAN JOSLIN: Read it to the record for us, though, or a little bit of it, what we can do. MR. NEALE: Sure. Just that in this case the board shall consider evidence presented solely at this hearing in consideration of the matter. It shall exclude from its deliberations any irrelevant, immaterial or cumulative testimony. It shall admit and consider all evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs. In this case hearsay may be used to explain or supplement other evidence, but by itself is not sufficient to support a finding in this or any other case. The standard established for a case such as this, which is one where it does not directly affect the license of the license holder, because this board does not have the power to revoke his license, is a preponderance of the evidence or basically one grain more than 50 percent. The standard in evidence to be weighed is solely as to the charge set out in the complaint, which is Section 4.2.2 of the Collier County ordinance, which has been read into the record already. In order to support a finding that the respondent is in violation of this, the board must find facts that show the violations were actually committed by the respondent, and they must show to a preponderance Page 49 February 18,2009 of the evidence standard the legal conclusion that the respondent was in violation of the relevant sections. That charge is the only one the board may decide upon, as it's the only one to which the respondent could have prepared a defense, had he decided to show. Any damages really may not be imposed by this board, other than the sanction of removing permit-pulling privileges because of the fact that this is a state certified contractor. The decision made by this board shall be stated orally at this hearing as effective upon being read by the board. The respondent, if found in violation, has certain appeal rights to this board, the courts and the State Construction Industry Licensing Board. The board shall vote upon the evidence presented on all areas, and if it finds the respondent in violation, adopt the administrative complain as presented. The board shall also make findings of fact and conclusions of law in support of the charges set out in the complaint. So the board can proceed ahead to find whether he's in violation or not. CHAIRMAN JOSLIN: Okay, that's the next step. Any other discussion, gentlemen, or I need a motion to find the charges guilty or not guilty. MR. GUITE': I'll make a motion. CHAIRMAN JOSLIN: Okay. MR. GUITE': I make a motion that we find Raymond Berube, d/b/a Berube Brothers, guilty of Count I, 4.2.2, willfully violating the applicable building codes of (sic) laws of the state, city or Collier County. That we find him guilty. CHAIRMAN JOSLIN: I got a motion finding Mr. Raymond Berube guilty on Count 1. I need a second. MR. JERULLE: Second. Page 50 February 18,2009 CHAIRMAN JOSLIN: Motion and a second. Any further discussion? (No response.) CHAIRMAN JOSLIN: No? All those in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries six to none. All right, now into the penalty phase, Mr. Neale. MR. NEALE: Since the respondent was found in violation, it must decide on the sanctions to be imposed. As noted previously, since this is a state contractor, the only sanction which may be imposed is to deny the issuance of Collier County or city building permits or require the issuance of those permits with specific conditions. In setting out the sanctions, the board shall consider the gravity of the violation, the impact of the violation, actions taken by the violator to correct the violation, previous violations committed, and any other evidence presented at the hearing by the parties relevant as to the sanction that's appropriate for the case, given the nature. The board also shall issue a recommended penalty to the State Construction Industry Licensing Board. That penalty may include a recommendation for no further action, recommendation of suspension, revocation or restriction of the license, or a fine to be levied by the State Contractor Licensing Board. MR. L YKOS: Well, I know for sure we need to pull his permit Page 51 February 18,2009 privileges. CHAIRMAN JOSLIN: Penalties for what's recommended or what has happened here as far as the liens that are going to be placed, the liens that the homeowner's going to have to payoff is something that we can't really dictate on how much. We can just recommend that to the state board they take the maximum action against him for the liens that have been in place. MR. L YKOS: Michael, do you guys have a recommendation on this? MR. OSSORIO: I recommend that we make a recommendation to the State Construction Licensing Board that, $10,000 fine and suspend his license through the state to practice throughout the State of Florida. Since we're a closed public hearing, this is just one of several. CHAIRMAN JOSLIN: This is the only case that made it before us today? MR. OSSORIO: Some of those cases are very similar. And-- but this one was the issue with the code violation when you deal with electrical, so this was the first one. And then we'll probably forward all the others to the state, since we did what we could here. CHAIRMAN JOSLIN: This is the same contractor, correct? MR. OSSORIO: Same contractor. CHAIRMAN JOSLIN: And will we have to hear all these other cases that are coming before you? MR. OSSORIO: My recommendation would be no, since we did what we could do for the industry. We pulled his building permit privileges, and now it's really up to the state to get these complaints, forward them down to the Fort Myers office to do their investigation, what they need to do. MR. JERULLE: Does he have another license -- MR. OSSORIO: Not that I know of, no. MR. JERULLE: -- in the county? Page 52 February 18, 2009 MR. OSSORIO: Just he's a state certified pool contractor. MR. GUITE': And no second qualifier on Berube Brothers? MR. OSSORIO: No. MR. JERULLE: Surprised. CHAIRMAN JOSLIN: Another question. Do we reciprocate at all? Or does reciprocity enter into the factor if he was to move into another state? MR. NEALE: Not that I know of. MR. OSSORIO: We could take our findings and bring them to Lee County Licensing Board for their review and to see if he's doing work up there. And I will be communicating with the surrounding counties to see ifhe's doing other work up in Lee or Charlotte or Sarasota of some type. Because our finding of facts can be forwarded to their other licensing board for their full review, if they want to -- CHAIRMAN JOSLIN: But as far as to go like to another state, say it be Texas or Louisiana or any of the other states, we have no recourse to transfer any information there because of what's going on here? MR. OSSORIO: No. But I have a fair estimation that the state will do their due diligence when they're doing their state licensing investigation. CHAIRMAN JOSLIN: I gotcha. Okay. MR. L YKOS: So we need to revoke his permit privileges in Collier County. MR. NEALE: Really, the board needs to -- you can either do it as a combined single motion or as two separate motions. One is to impose the sanction of revoking his permit-pulling privileges here in Collier County and in the other areas that Collier County has jurisdiction over, which is City of Marco and City of Naples. And then either as part of that motion or as a separate motion, then make the recommendation to the state of whatever penalties you Page 53 February 18,2009 believe the State Construction Industry Board should impose when they hear this case. And then obviously, as Mr. Ossorio says, they're going to forward the information they have on this contractor on all the other cases to the state for their review as well. MR. OSSORIO: By statute we have 15 days from the board hearing to notify the State Construction Licensing Board of what we did here today. So after this meeting we have 15 days to bring it to the director of the Licensing Board in Tallahassee so they can take action. MR. L YKOS: Two more questions, Mr. Neale. Can we invoke a fine? And if we can -- MR. NEALE: No. MR. L YKOS: -- is it worth it in this case? CHAIRMAN JOSLIN: No. MR. NEALE: You can't. The only power the board has in the case of a state contractor is to revoke permit-pulling privileges. The only thing the board can do is recommend to the state, as Mr. Ossorio suggests, the maximum fine amount, which is $10,000. MR. JERULLE: And what about the homeowner, can she -- anything we do help her apply for the state fund? MR. OSSORIO: When you deal with a state certified pool contractor -- and the chairman can probably tell you a little bit about it as well -- it's not Tier 1 contractor, so there is no recovery for a homeowner who contracts with a non Tier 1 contractor, which would be general building or residential. But the state will try to go after some assets, if they could, and they'll try to mitigate it. But this is a long process for this homeowner, and there's a serious code issue on that property, so we need to get it fixed. CHAIRMAN JOSLIN: This is something that we'll-- she'll have to do civilly, more civilly than anything else, but at least our input and our findings will help the case, no doubt, and when she does have to Page 54 February 18,2009 go to court against it. When a Tier 1 contractor is a specialty -- swimming pools are specialty contractors. As much as I hate it. MR. L YKOS: All right, I will make a motion that in the case of Board of County Commissioners versus Raymond Berube, d/b/a Berube Brothers, Incorporated, Case No. 2009-04, License No. CPC1456893, having found Raymond Berube, d/b/a Berube Brothers guilty of Count I, willfully violating the applicable building codes or laws of the state, city or Collier County, that the Collier County Licensing Board revoke -- permanently revoke permit-pulling privileges from the license holder. MR. GUITE': I'll second that. CHAIRMAN JOSLIN: And one motion? MR. L YKOS: Well, I was going to do a second separate motion for the state. CHAIRMAN JOSLIN: Okay. A second? MR. GUITE': I'll second. CHAIRMAN JOSLIN: Motion and a second. Any discussion on it? (No response.) CHAIRMAN JOSLIN: All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. L YKOS: I just wanted to make sure I got it right with the state. We're going to recommend to the state that they revoke his permit privileges and levy the maximum fine. Page 55 February 18,2009 MR. NEALE: And I believe what Mr. Ossorio suggested, and the board can recommend this, is that the state not revoke his permit-pulling privileges but revoke his license. MR. L YKOS: His license. CHAIRMAN JOSLIN: And impose the maximum fine. MR. NEALE: And impose the maximum fine. So you can recommend both of those things. MR. L YKOS: Well, I will make a motion that we recommend to the state that the Berube Brothers, Raymond Berube d/b/a Berube Brothers license be revoked and that they invoke the maximum penalty. MR. JERULLE: Second. CHAIRMAN JOSLIN: Motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: That motion carries. Okay. Now, for the fun part. MR. NEALE: You have the summary there? CHAIRMAN JOSLIN: No. I haven't got it yet, remember? MR. L YKOS: Are you going to do the long version? MR. NEALE: I'm getting the short version up here. This cause came on -- for public hearing before Contractor Licensing Board on February 18th, 2009 for consideration of the administrative complaint filed against Raymond Berube d/b/a Berube Brothers, Incorporated, License No. CPC1456893. Service of the Page 56 February 18, 2009 complaint was made in accordance with Collier County Ordinance 90-105, as amended. This board, having at this hearing heard testimony under oath received evidence and heard arguments respective to all appropriate matters, thereupon issues its findings of fact and conclusions of laws and order of the board as follows: That Raymond Berube, d/b/a Berube Brothers, Inc., is the holder of License No. CPC1456893. 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 Raymond Berube was not present at the public hearing and was not represented by counsel at the hearing on February 18th, 2009. All notices required by Collier County Ordinance 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a matter that is in violation of Collier County ordinances and is the one who committed the act. That the allegations of fact as set forth in the Administrative Complaint as to Count 4.2.2, willfully violating the applicable building codes or laws of the state, city or Collier County. And ordinance Section -- whoops -- are found to be supported by the evidence presented at the hearing. The conclusions of law alleged and set forth in the Administrative Complaint as to the Count 4.2.2 are approved, adopted and incorporated herein to wit: The respondent violated Section 4.2.2, willfully violating the applicable building codes or laws of the state, city or Collier County. As amended (sic) in the performance of his contracting business in Collier County by acting in violation of the sections set out in the Administrative Complaint with particularity. Order of the board: Based upon the foregoing findings of facts and conclusions oflaw, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of six to zero -- I'm sorry, six in favor Page 57 February 18,2009 and zero opposed, a majority vote of the board members present, and the respondent has been found in violation as set out above. Further, it is ordered by a vote of six in favor and zero opposed, a majority vote of the board members present, that the following disciplinary actions and related order are hereby imposed upon the holder of Contractor Certificate No. CPC1456893. That he's been found guilty of Charge 4.2.2. That his permit privileges (sic) in Collier County be immediately suspended or revoked, and that, number two, the information is forwarded to the Florida State Industry Licensing Board for maximum penalties, and that his license there be also immediately revoked. And it is so ordered, Mr. Lykos. It's always sad to take someone's license, you know. But unfortunately this is something that has to be done. There's not too many licenses that we've taken over the years, and we're starting to see an influx of more of this coming about. Not a good thing. All right, anything else? Any other reports anyone wants to give or say or recommend? (No response.) CHAIRMAN JOSLIN: Ifnot, Mr. Ossorio? MR. OSSORIO: Nothing further. CHAIRMAN JOSLIN: Our next meeting date will be Wednesday, March 18th, 2009, right here in the same building. And I just need one last motion. MR. L YKOS: Motion to adjourn. MR. JERULLE: Second. CHAIRMAN JOSLIN: Motion to adjourn. All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. Page 58 February 18,2009 MR. L YKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. See you next month. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:41 a.m. COLLIER COUNTY CONTRACTOR LICENSING BOARD RICHARD JOSLIN, Chairman These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 59