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CLB Minutes 04/21/2010 R April 21, 2010 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD OF COLLIER COUNTY Naples, Florida April 21, 2010 LET IT BE REMEMBERED, that the Contractors' 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: Thomas Lykos Richard Joslin Michael Boyd Lee Horn Terry Jerulle Kyle Lantz Robert Meister Patrick White ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor Page 1 AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE WEDNESDAY - APRIL 21,2010 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: MARCH 12,2010 V. DISCUSSION: (A) End of the Month Report - March 2010 (B) Brief Overview of Ordinance VI. NEW BUSINESS: (A) Orders of the Board (Signing) (B) Ralph R. Partington Jr. - Qualify 2"' Entity (C) Brian T. Ohlis - Contesting Citation (D) Nicholas H. James - Waiver of Examination(s) (Reinstatement) VII. OLD BUSINESS: VIII. PUBLIC HEARINGS: (A) Case #2010-02 Gregory Henderson DIBIA: Henderson Painting, Inc. IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY MAY 19, 2010 W. HARMON TURNER BUILDING, 3RD FLOOR (COMMISSIONERS MEETING ROOM) 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (COURTHOUSE COMPLEX) April 21, 2010 CHAIRMAN L YKOS: I'm going to call to order the meeting of the Collier County Contractor Licensing Board Meeting on Wednesday, April 21st, 2010. Time is 9:18. 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. Unfortunately we do not have a court reporter here at the time that we started this meeting. So if you need a copy of -- a verbatim copy of the hearings, then you can request a copy of a video of the recording of this hearing, or you can request that your hearing be postponed until next month and then you can bring your own court reporter so that your court reporter can record the hearing. I want to remind everybody to speak one at a time and to speak into the microphone. Roll call, starting on my right. MR. NEALE: Just one more thing, Mr. Lykos. What I would recommend, because we don't have a court reporter, is that anyone who makes a motion or seconds a motion, make sure that they state clearly their name on the record, you know, Mr. Lantz makes the motion, Mr. White seconds the motion, so that that's clearly on the record as to who's making and seconding motions. CHAIRMAN L YKOS: Okay. MR. NEALE: And then when a vote is taken, that you as Chair announce the results of the vote, and if it's a close vote, probably have a roll call taken. CHAIRMAN L YKOS: Okay, thank you. Okay, roll call, starting on my right. MR. JERULLE: Terry Jerulle. MR. JOSLIN: Richard Joslin. MR. LANTZ: Kyle Lantz. CHAIRMAN L YKOS: Tom Lykos. MR. WHITE: Patrick White. Page 2 April 21, 2010 MR. HORN: Lee Horn. MR. BOYD: Michael Boyd. MR. MEISTER: Rob Meister. CHAIRMAN L YKOS: Thank you. Any additions or deletions to the agenda? (No response.) CHAIRMAN L YKOS: There being none, I need a motion to approve the agenda. MR. JERULLE: So moved, Jerulle. MR. LANTZ: Second, Lantz. CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. HORN: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Did I do my math right? Okay, thank you. I need approval of the minutes from the March meeting. MR. LANTZ: So moved, Lantz. MR. JOSLIN: Second, Joslin. CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. Page 3 April 21, 2010 CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Thank you. Discussion. End of the month report. MR. OSSORIO: Good morning, Mr. Chairman. For the record, Mike Ossorio, Collier County Contractor Licensing Supervisor. This is the end of the month report for March. I have nothing to add, other than that we've issued I think about 80 citations this month in March. So we're out there. I also wanted to note that one of our long-time investigators, Alan Kennette, who does the City of Naples, is retiring at the end of the month. And Ian Jackson will be taken off Marco Island and is going to be into the City of Naples, so -- and then we're going to hire someone within. CHAIRMAN L YKOS: Okay, thank you. MR. JOSLIN: Who's going to do the City of Marco then? Someone new? MR. OSSORIO: Mr. Ganguli. MR. JOSLIN: Mr. Ganguli. CHAIRMAN L YKOS: Are there any other questions or comments about the month end report? (No response.) MR. OSSORIO: I know that Patrick White had a question about maybe Jamie French coming back in April. But the budget has not been finalized. I know they're going through the budget this week. And I'm sure that either my boss, Ken Kovensky or Jamie will be speaking to the board next month. CHAIRMAN L YKOS: Okay, thank you. Any other questions or comments? Page 4 Apri121,2010 (No response.) CHAIRMAN L YKOS: Michael, I do have some notes. We've asked previously to have our budget alongside the actual numbers for the month-end report. So we're asking again. Okay? MR. OSSORIO: I understand. Unfortunately I'm trying to work out what the budget is. And so we can codify that with what you're requesting, so -- CHAIRMAN L YKOS: Well, we approved a budget last year. As part of the license fee increases, we approved a budget. MR. OSSORIO: Through PMG, you're absolutely right, you did look at the numbers and you looked at our calculations and the board approved a budget. But there is a -- I won't speak, I'll let Jamie speak to you next month about what budgeting -- what guidance that the Board of County Commissioners and the County Manager has requested of our office through the 113 Fund. CHAIRMAN L YKOS: Okay. MR. OSSORIO: We're going to work on it. MR. JOSLIN: This is something that was (sic) going to be on the agenda for next month then, I assume, Mr. Chairman? MR. OSSORIO: Yes, I will have either Ken Kovensky, the operational manager, or Jamie here to talk about the upcoming budget and how this board wants to see on a monthly basis relating to contractor licensing issues. MR. JOSLIN: Okay. MR. OSSORIO: That make sense? MR. JOSLIN: Yeah. MR. OSSORIO: Okay. CHAIRMAN L YKOS: Mr. Ossorio, please relay to whoever it is that has the ability to provide the budget documents that I know for sure the chairman of the licensing board is getting frustrated with this process. I know that government works different than private industry, but we approved fee increases based on a specific budget, Page 5 April 21, 2010 based on a specific number of inspectors in the field, and all that we're asking for is that documentation be provided with the actual information that we're given on a monthly basis. There was a lot of effort put into creating that budget, and a lot of supporting documentation that we listened to on why the fee increases were required to maintain the level of service that we had. And there was commitments made to providing extra investigators in the field. And for the last at least three months we've been asking for supporting documentation on the budget that we approved to go along with the actual numbers that we've been given, and it gets a little frustrating when every month we get excuses about why it's not done yet. Okay, Michael, I know you have some staff changes coming up. Is Alan Kennette the only staff change that you have coming up? MR. OSSORIO: That's correct. CHAIRMAN L YKOS: Okay. MR. JOSLIN: Has there been anybody added yet-- MR. OSSORIO: No. MR. JOSLIN: -- any other investigators? No. CHAIRMAN L YKOS: Michael, we talked the last couple of months about having a workshop, and I noticed in our -- either my notes or in the minutes there was a conversation about having a workshop in May. How are we progressing on that? MR. OSSORIO: We had our first meeting with the County Attorney and Patrick Neale. We went over the ordinance my concerns. We wrote those down. You have a copy of it. I know some of the board members requested to have it 30 days ahead of time so they can review it. I anticipate having a workshop next month, which is May, where you have my concerns about the new ordinance in front of you. It's a draft. What I recommend is that each individual member go through it this month, make some changes if you'd like to make any kind of Page 6 April 21 ,2010 change you feel -- see fit that you think should be in the ordinance or taken out of the ordinance or taken to the CBIA, whatever it is, have a workshop with them or whoever you wish to, e-mail those individually, or you can stop by individually into my office and give me your notes and your concerns, and then we're going to talk about those on a collective level on the next agenda meeting. CHAIRMAN L YKOS: Okay. MR. OSSORIO: That's how I foresee going forward. MR. WHITE: As part of that process, Mr. Chairman, would it be possible to obtain an electronic copy, either Word or some format? MR. OSSORIO: Yeah, I'll send it to you. MR. WHITE: Yeah, I think for all of us it's easier to delineate it that way. CHAIRMAN L YKOS: Okay. If you can send that to everybody, Michael, that would be great. Do you have everybody's e-mail address? MR. OSSORIO: I do. CHAIRMAN L YKOS: Okay. Thank you. MR. OSSORIO: Now, I'm going to be sending the draft as we know it today. MR. JOSLIN: So what I'm gathering out of this is that we're going to have the actual workshop is going to be this coming May meeting where all the board members are going to be able to analyze what's on the paperwork (sic)? MR. OSSORIO: That's correct. MR. JOSLIN: And make changes or recommendations? MR. OSSORIO: Both. That's how I foresee it going forward. MR. JOSLIN: Okay. MR. OSSORIO: This month I know the board -- some of the board members requested that they want us to make our changes or what I felt was required by statute and what we needed to do. And then give it to the board, let the board have it for a month, which Page 7 April 21, 2010 would be this month, and then we'll have a workshop following the regular agenda. So hopefully May agenda won't be that large, because we're going to try to keep it very small, and then so that we can do the workshop after the agenda. We'll just add it to the agenda as a work item. CHAIRMAN L YKOS: Okay. Mr. Neale, I have a note from previous meetings that you were going to try to put together for us some standards for the requests for qualifying a second entity. MR. NEALE: Right. And I've been working on those. What I would propose is that when we're looking at the ordinance next month, we'll also bring those forward so we can sort of do everything in a package at one workshop. It may make it for a little bit longer workshop, but I think it may be more efficient use of time, as we'll get those out -- CHAIRMAN L YKOS: Ifwe can do that kind of business, we'll do it all at once. MR. NEALE: Yeah. CHAIRMAN L YKOS: Okay, thank you very much. Okay, any other issues for discussion? (No response.) MR. OSSORIO: I do have one. I want to introduce Connie Thomas. She's our new office manager. She's here present. She's going to run the office. She's also going to be running the vehicle for hire for me. And she's been a long-time county employee and she's here today. CHAIRMAN L YKOS: Welcome, Connie. MR. JOSLIN: Welcome. Are we losing someone or just -- MR. OSSORIO: No, we're trying to --like the budget issue, we're trying to revamp things. We're adding staff. So there's going -- there's some changes so it takes a little longer. The Contractor Page 8 April 21, 2010 Licensing Department's going to get bigger and, you know, we're going to be cross-training some people. So you'll see hopefully a new face to licensing in several months for the better. And with that, one face is Connie. She's been a long-time government worker, and she's come with some great credentials and we're happy to have her here. CHAIRMAN L YKOS: Michael, I had a brief conversation with Jamie French, I think it was Monday night at CBIA at our candidate forum. And I know that he's got some things he's working on for your department. Maybe it would be a good idea to have Jamie come in next month no matter what and just give is kind of what his vision is for your department, what he's working on short-term and long-term, so that all the board members understand what's going on with the changeover. Okay? MR. OSSORIO: That's fine. I had planned to have Jamie at the next board meeting. I believe that, you know, Community Development is currently changing. And hopefully we're going to get that finalized by the end of this month with transportation and CDES or how that's going to -- the new administrator, whatever that might be. So we're in flux, and hopefully by the end of the month we'll be where we need to be. CHAIRMAN L YKOS: I understand. I know they're doing good things down there. I think this would be good for our board to have an understanding of what Jamie's vision is moving forward. Okay, on the agenda, Michael, you've got a brief overview of the ordinance. We've talked about it a little bit. Is there any other points you wanted to make with regard to the ordinance? MR. OSSORIO: No, I just want to make sure that each board member doesn't really want to communicate with another board member about the ordinance. If you want to talk about the ordinance, we can do it individually in my office or you can do it bye-mail. But when you e-mail me, just make sure you e-mail me by itself. All right? And I look forward to seeing all your comments in the next Page 9 April 21 , 2010 couple of weeks. CHAIRMAN L YKOS: Does everybody understand that? So we can't discuss the ordinance amongst ourselves. We can discuss it with you individually, but not amongst ourselves; is that correct? MR. OSSORIO: That's correct. CHAIRMAN L YKOS: Okay. Thank you. MR. WHITE: And if I understand correctly, Mike, there are no separate comments you have, it's just essentially this draft reflects your vision and belief of what needs to be changed about the code. MR. OSSORIO: Yes, you'll actually see the draft in front of you, those little marks to the left. It's a little line. And those are the things -- those are the changes I've made. MR. WHITE: Right. MR. OSSORIO: But I will make sure that at the end of the day, end of the business day, that each individual board member gets electronically through the e-mail. CHAIRMAN L YKOS: That's great. Any other questions or comments on the ordinance or under discussion? (At which time, the court reporter enters the boardroom.) CHAIRMAN L YKOS: Good morning. MR. JOSLIN: Where's breakfast? MR. OSSORIO: Mr. Chairman, you want to give the court reporter a few minutes to -- THE COURT REPORTER: I'm ready. MR. OSSORIO: All set? CHAIRMAN L YKOS: Do you have a copy of the agenda? THE COURT REPORTER: I do. CHAIRMAN L YKOS: We've finished -- we've gone all the way through discussion, and we're getting ready to start new business. Okay. So under new business, the first item I have is orders of the Page 10 April 21, 2010 board. Ian, why don't you just remind the board real quick what these are. MR. JACKSON: These orders are put in a motion by the board, and if approved it continues the process in collection of citations that have not been paid. Potentially placing liens on property, in a nutshell. CHAIRMAN L YKOS: Thank you. So I need a motion to approve the orders of the board with my signature. MR. JOSLIN: So move that. MR. JERULLE: Second, Jerulle. CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. HORN: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. And Ian, I'll sign these after the board meeting today, okay? MR. JACKSON: Thank you. MR. JOSLIN: I just have one quick question on that. Is this something that is new in the point of order as far as for having a motion to approve these orders? When the motion is made and when the actual case is heard or these citations are issued and the board makes the verdict whether guilty or not guilty, isn't that set in stone anyway as far as your actions and how you act on them? MR. JACKSON: These citations have not come in front of the board. These are citations that have not been contested nor paid. MR. JOSLIN: Oh, okay. Now I understand. Page 11 April 21, 2010 MR. NEALE: These are -- what the Chair and I sign and Mr. Ossorio signs are essentially documents that can be recorded in the public records and can constitute a lien on the person's property. And these are people that just simply decided not to contest and also decided not to pay. MR. JOSLIN: Okay. MR. NEALE: So it gives the county more teeth in being able to collect the money. MR. JOSLIN: Okay. Makes sense. CHAIRMAN L YKOS: Okay, thank you. Okay, is Ralph R. Partington, Jr. here? MR. PARTINGTON: Yes. CHAIRMAN L YKOS: Please come up. And Mr. Partington, we'll swear you in when you get to the podium. (Speaker was duly sworn.) CHAIRMAN L YKOS: Okay, Mr. Partington, you're here because you want to qualify a second entity? MR. PARTINGTON: Part yes, sir. Yes, Melvin Henderson. And he's been an associate. He used to work for me, now he's been in business for himself. And so he can do aluminum, metal work and stuff. He needs to qualify. And I'm retired. And it's a chance for me to make some more money. CHAIRMAN L YKOS: Mr. Partington, would you please do me a favor, make sure you speak a little closer to the microphone. MR. PARTINGTON: Yes. CHAIRMAN L YKOS: Thank you, sir. MR. PARTINGTON: So it might give an opportunity to make some more money, and that's why I'm doing it. CHAIRMAN L YKOS: Okay, thank you. MR. OSSORIO: Mr. Chairman, just to give a quick overview about Mr. Partington. Ralph R. Partington, Jr., he qualifies Ralph Page 12 April 21, 2010 Partington, Incorporated. He's the aluminum with concrete, one of the older licenses we have. He's been here for a while. And he wishes to qualify Henderson Screening, Incorporated. And Mr. Henderson is here; am I correct? MR. PARTINGTON: Yes. CHAIRMAN L YKOS: Should we have Mr. Henderson sworn in? Should we do that? MR. OSSORIO: (Nods head affirmatively.) Mr. Henderson, would you please come up and get sworn in, please. MR. PARTINGTON: Do I need to stay here? CHAIRMAN L YKOS: Yes, thank you. (Mr. Henderson was duly sworn.) THE COURT REPORTER: May I have your full name, please. MR. HENDERSON: Melvin Harvey Henderson. CHAIRMAN L YKOS: Mr. Partington, you can stay right up here to the podium as well. Thank you. MR. PARTINGTON: Okay. CHAIRMAN L YKOS: All right, questions from the board? (No response.) CHAIRMAN L YKOS: Well, maybe before we do that, Mr. Neale, will you remind us of what documentation that we are ordered to consider in considering Mr. Partington's request to qualify a second entity. MR. NEALE: Essentially what you look at is the credit report for the business -- for his business that he's currently qualifying, because he's been in business for a long time, apparently, so you look at that and make sure that the credit report is clear. And then effectively look at the credit report of the business that he's seeking to qualify. And the credit -- if it's been in business for less than a year, look at the credit report of the person who is the owner of that business, even though it's really not terribly relevant, Page 13 April 21, 2010 because really the person you're looking to is the qualifier on both businesses. And so really you look to see if Mr. Partington is qualifying it. And ifthere's no major objection to it, then typically a second entity should be qualified. Because you know it is permitted under both Florida Statutes and Collier County code. CHAIRMAN L YKOS: Okay, thank you. Any questions from the board? MR. JOSLIN: I only have one. For Henderson Screening, Inc., it's showing the company was reinstated. Mr. Ossorio, is that correct, is this Henderson Screening Inc. a reinstated company now? MR. OSSORIO: There is no license for Henderson Screening. MR. WHITE: If! may, Mr. Chairman? I believe the question is in regard to the Division of Corporations pages; is that right. MR. JOSLIN: Yes, you are correct, I'm sorry. MR. WHITE: And it's the filing information. It's the last event reinstatement. Typically what I see when that happens is that the corporation was late in filing its annual report, and they're administratively kind of dissolved but then reinstated once the report is filed. MR. JOSLIN: Yes, you are right. MR. WHITE: Interestingly, the last annual report that appears to been filed is from 2007. MR. NEALE: Actually, there's an '09 one. MR. WHITE: There's one. MR. NEALE: It's on the next page. MR. OSSORIO: It's on the next page. MR. WHITE: Got it. Thank you. CHAIRMAN L YKOS: Michael, what's the recommendation? MR. OSSORIO: We looked at it and we recommend for approval. CHAIRMAN L YKOS: Are there any other questions from the Page 14 Apri121,201O board members? (No response.) MR. JOSLIN: Mr. Chair, I'll make a motion that we approve this application for second entity for Henderson Screening. MR. BOYD: Second, Boyd. CHAIRMAN L YKOS: I have a motion, I have a second. All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Thank you, gentlemen. MR. OSSORIO: Mr. Partington, just to make sure, if you wouldn't mind stopping in tomorrow and we'll have your packet ready so you can do the process. MR. PARTINGTON: Down at the other place, on Horseshoe? MR. OSSORIO: Yes, down on Horseshoe. MR. PARTINGTON: Okay, thank you. CHAIRMAN L YKOS: Okay. Is a Mr. Brian T. Ohlis here, please? Mr. Ohlis, if you please would come up and be sworn in. (Speaker was duly sworn.) CHAIRMAN L YKOS: Mr. Ohlis, please make sure you speak in the microphone. And you are here contesting a citation? Page 15 Apri121,2010 MR. OHLIS: Uh-huh, yes. CHAIRMAN L YKOS: You want to tell us exactly the circumstances, why you're here. MR. OHLIS: I'm here, I got a call from Ian about a month, month and a half ago to -- just to come in and talk to him. I came in and he was busy, so I -- another gentleman came up and took me into a room and just told me that I had signs on my trailer that were for landscaping. I don't do landscaping, it's just I have the signs on the trailer. I have a consc -- or a private lawn maintenance company in Port Royal. I just have 20 houses. He didn't -- there was no warning, nothing. I mean, it just kind of felt like it was just wrong how they handled the whole thing, just coming up and giving me a $300 fine for the letters on there, not catching me do any of the landscaping. I don't do landscaping. I refer all my landscaping and my tree service and my pest control out to the other companies. I'm a realtor in Naples, and I just use it as a private company just to get referrals for my lawn maintenance for my Port Royal clients down in Port Royal. I have 20 houses down there. CHAIRMAN L YKOS: I understand. According to the citation, the citation was for advertising yourself as for doing work outside of your license, which is why you were issued the citation. It wasn't for being caught in the act of doing the work, it was for advertising that you were available to do the work. MR. OHLIS: I've -- you guys are the occu -- the Collier County Licensing Department has given me a license for the last three years under Ohlis Landscape. So if it's Ohlis Landscape, why did they give me a lawn service maintenance license under Ohlis Landscape, if they're saying that I'm falsely advertising? Because that is saying that I'm a landscaper, it's not -- I am not a landscaper, it's landscape maintenance. It's not -- it is -- lawn maintenance and landscape Page 16 April 21, 2010 maintenance is basically the same. I'm taking care of the landscaping. I just -- you guys can word it any way you want, but it's landscape maintenance. CHAIRMAN L YKOS: Well, your truck says that you do design, installation, renovation and maintenance. MR. OHLIS: Right. I know I-- CHAIRMAN L YKOS: Mr. Jackson, based on the license that Mr. Ohlis does hold, is he licensed to do design, installation, and renovation? MR. JACKSON: I'll be sworn in first? CHAIRMAN L YKOS: I'm sorry. (Mr. Jackson was duly sworn.) MR. JACKSON: The license that Mr. Ohlis is referring to is the business tax receipt issued by the tax collector. As the name suggests, it's more of a tax to have a business in the county, rather than an actual license. The business that Mr. Ohlis has with this advertisement would not allow for installation of landscaping products pursuant to the ordinance, which is attached in your packet under the landscaping definition. Based on the ad alone for installation, that's the reason that the citation was issued. MR. NEALE: And I'd just like to bring to the board's attention in the contractor licensing ordinance, specifically a landscaping contractor requires 12 months experience and a passing grade in a business and law test. It means any person who's qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials and concrete paving units for sidewalks, patios and decks only. Whether or not incidental to landscaping. Prepackaged fountains or waterfalls, provided same does not include connection to a sanitary sewer system. And then now all new applicants applying for landscaping Page 17 April 21, 2010 licenses are required to obtain a passing grade and an approved exam pertaining to pruning and safety, in addition to the business and law exam. And it appears the picture that's in the packet, that installation is featured on there. CHAIRMAN L YKOS: That's the way I read it too. MR. OHLIS: I understand. I can't refer -- even if I have that, I can't refer it as -- I can't refer the work? I just can't have it on the trailer at all? Even if I -- CHAIRMAN L YKOS: That's correct, you can only advertise for what you have a license to do, and you actually don't have a license to do anything. MR. OHLIS: Lawn maintenance. CHAIRMAN L YKOS: Well, there is no license for lawn maintenance, correct? MR. JACKSON: Correct. MR. OHLIS: I have an occupational license for lawn-- CHAIRMAN L YKOS: It's not an occupational license, it's a business tax. MR. OHLIS: Okay. So I guess my question is, is can I -- I was going to apply for the landscape license, even though I don't do it. Can I apply for it and use the $300 towards the -- there's 130 for two of the -- to get sponsored and then go take the test and give me some time to take the test, even though I don't need it, but I will do it anyway? MR. JOSLIN: Under the circumstances, Mr. Chairman, I don't think that's something that we can decide here. I think the only thing that we're acting on is the fact of if he's guilty of the citation or not guilty of the citation. Is that correct, Mr. Neale? MR. NEALE: That's correct. MR. JOSLIN: We can't make the decision at this time as far as what you want to do. Page 18 April 21, 2010 MR. OHLIS: I just saw on the last -- I read all the meetings from last meeting -- or the minutes from the last meeting and it said that everything's a case-by-case, and there was things that the people were saying that they take care of things that they would look or go -- they would change. I just thought that if you would give me some time -- MR. JOSLIN: One other question I will ask you, though, now that we're on the subject of -- you said you just do lawns only; is that correct? MR. OHLIS: Yes. MR. JOSLIN: Do you -- in your lawn business, do you have more than yourself goes out and mows lawns? MR. OHLIS: Just my -- just two other people. MR. JOSLIN: Two other people. MR. OHLIS: Yes. MR. JOSLIN: Okay, on your license it clearly states that you're the only owner and there's no other employees. MR. OHLIS: I was for the first year-- MR. JOSLIN: Do you have insurance to cover those people-- MR. OHLIS: Yes, I do. MR. JOSLIN: -- or lawn mowers? MR. OHLIS: Yes. MR. JOSLIN: Is that verified through the county, staff? Does he have a Workmen's Compo policy or payroll company that takes care of this? MR. OSSORIO: Mr. Joslin, when you talk about lawn maintenance and you talk about cutting grass, that's considered nonconstruction. In the state under 440 it considers that nonconstruction, so therefore it would only be -- you could have up to three employees with no insurance. So he could have it, he might not have it, I'm not sure, but he's not under our ordinance, that would be something that deals with 440. Page 19 April 21, 2010 But if he has two employees and he's cutting grass, then he's in compliance with the statute. CHAIRMAN L YKOS: Mr. Neale, if! remember correctly -- and I'm asking because I don't trust my memory as much as I used to -- the board does have the right to waive a citation if the infraction has been corrected at the time that the request to challenge the citation has occurred. MR. NEALE: Right. CHAIRMAN L YKOS: And my understanding, Mr. Ohlis, is that you've not corrected the cause of the citation. MR. OHLIS: I didn't do it because I was going to ask you if! could -- if I took the landscape -- I was just trying to avoid the fine. I will remove -- but there was no if you remove the signs you won't have to pay the $300. You're going to pay the $300 and you're going to remove the signs. So I thought -- you know, that's why I came here, to either A, take the landscape license and apply the 300 -- or, you know, waive the $300 and apply it actually to take the landscaping licensee (sic), or just to remove it and not -- and be waived for the $300. I mean, I didn't get a warning or anything. And I've been in business since 1986 and had the same lettering and never ever got -- nothing's ever happened. I didn't know anything about this before. CHAIRMAN L YKOS: I understand. Consider yourself lucky that you've been doing this since 1986 and haven't gotten caught. Are there any other questions or comments from the board? MR. WHITE: Just that the only way I'd see that ifthere were a desire to do so, that we would continue this request for 30 or 60 days, whatever it would take for him to get the license, and then come back and reconsider it if he were approved. That's the only procedural way it would be even possible to do it. CHAIRMAN L YKOS: Okay, ifthere's no other discussion, then I need a motion. Page 20 April 21, 2010 MR. JOSLIN: I'm going to have to maybe disagree with Mr. White, only for the fact of saying that if we do extend this or move this to -- for 30 or 60 days down the road, we're going to open a lot of doors for other people that come in here when Mr. Jackson comes in here and cites someone for doing something that clearly is a clear-cut wrongdoing in what the business that they're advertising. Then we're going to open a door to have more people come in and do the same thing. I think that the board should be voting right now on the fact that ifhe did the offense then the fine is due andjustable (sic) paid or not. MR. WHITE: I did not make a motion, Mr. Chairman. CHAIRMAN L YKOS: I understand. MR. JOSLIN: No, I'm just trying to clear it before someone else did, that's all. CHAIRMAN L YKOS: Okay, thank you. Any other comments? MR. BOYD: Yes. CHAIRMAN L YKOS: Mr. Boyd. MR. BOYD: I'm having -- I have a problem with the fact that he didn't -- he wasn't caught doing anything illegal other than having a sign on his trailer that I guess is outside the scope of his work. And I think under the present conditions of economics that everybody's going through, I have a hard time vot -- I'm going to have a hard time voting for a $300 fine without at least giving the guy a warning, tell him to remove it and giving him a chance. Ifhe was out caught doing landscaping then, you know, I would vote for it. But just having some lettering on his trailer, I have a hard time supporting that. CHAIRMAN L YKOS: I understand. MR. OSSORIO: Mr. Chairman, to reflect the county's position is, is that we try to be very consistent. Landscaping, electricians, plumbers, you advertise it's a $300 fine. I know if he was advertising Page 21 Apri121,201O and the state got ahold of him for illegal advertising, it wouldn't be a $300 fine. I think it's a $1,500 fine through the state. So a $300 fine for advertising in the scheme of things is minor compared to what the state charges. If you advertise as a 489 state contractor, electrician, plumber, mechanical contractor. And we try to be consistent when we issue citations for advertising. MR. WHITE: Just so I understand the facts here, the gentleman was apprised that he could cover up the lettering before he came here today, that that would abate the violation? MR. JACKSON: Cover it? MR. WHITE: Yes, the words that are not within -- MR. JACKSON: Covering the violation on the trailer would have abated the violation. MR. WHITE: Okay. And you were aware that that would-- MR. OHLIS: Yeah, but I still would have had to pay the fine, and I felt like I didn't do the work -- MR. WHITE: No, the point here is if you had taken the action to abate the violation by the time you appeared here today to contest it would have been within our ability to waive the fine. MR. OHLIS: Well, that's the reason why is I told -- as I was telling you, that I was hoping that if you didn't waive the fine I didn't know if you were going to either -- I was either asking to waive the fine or if I could take the test and apply the $300 or not -- or waive the $300 and apply it towards the $230 application fees that I went in yesterday to talk to him about. MR. WHITE: Let me break it down for you. MR. OHLIS: Instead of taking all the lettering off my trailer that it cost me, you know, six, $800. CHAIRMAN L YKOS: Mr. White, continue. MR. WHITE: If you had covered it, let's say for example, with I don't know, whatever may have been -- MR. OHLIS: White tape. Page 22 April 21, 2010 MR. WHITE: -- acceptable to the county. MR. OHLIS: Right. MR. WHITE: With the understanding that either A, you were going to come here having abated the violation, looking to have the citation contested and potentially the fine waived, or B, the same circumstances and you were telling us that you were going to go ahead and get the landscaping license, you may have been able to get the kind of relief that you're asking for. MR. OHLIS: I guess my point is, I was planning on removing it, because that's what they said, I had to remove it. I didn't think I could just cover it up and then I could take whatever was on there, take it off. I wasn't thinking that way. CHAIRMAN L YKOS: Mr. Lantz, do you have a comment? MR. LANTZ: Well, if he had covered it up or applied for the license, we wouldn't be required to -- MR. WHITE: Understood. MR. LANTZ: -- get rid of the fine, we just would have been allowed to. MR. WHITE: Correct. CHAIRMAN L YKOS: That's correct. MR. LANTZ: I move we uphold the citation. MR. JOSLIN: Is that a motion? Second, Joslin. CHAIRMAN L YKOS: I have a motion, I have a second. All those in favor? MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. Page 23 April 21, 2010 CHAIRMAN L YKOS: Opposed? MR. BOYD: Aye. CHAIRMAN L YKOS: Motion carries 7-1. Mr. Ohlis, you should do something, either remove the signs or get the license. MR.OHLIS: I will. CHAIRMAN L YKOS: Okay? Thank you. Mr. Nicholas James, please come up and be sworn in. (Speakers were duly sworn.) MR. OSSORIO: Mr. Chairman, while we're just -- while you're looking at this affidavit here, this is something new. We haven't had this in the 15 years I've been here. Mr. Nicholas James is a -- took the journeyman test, let the journeyman lapse. And now he's been in the business -- he's continued in the business but he hasn't renewed it. So within three years you have to retest. And I would think that him retesting for the journeyman test would be something that is not required. To have a journeyman license you're not a certificate holder, you're not a contractor, it's just a journeyman. And he has the knowledge and has the experience. And I recommend that ifhe wants his journeyman license back, pay back fees and have his journeyman license back. So my recommendation is, is to reinstate without taking the exam the journeyman test. CHAIRMAN L YKOS: Okay, thank you, Michael. Mr. James? MR. JAMES: Yes. CHAIRMAN L YKOS: You want to add to that? MR. JAMES: I guess long story short, I've been in the field, had the license. And excuses don't really matter, but just bad chain of events, married and divorced. And I'm on pass and I basically dropped the ball. Honestly didn't feel I needed it because I -- there Page 24 April 21, 2010 was a lot of work. But due to the times -- it doesn't mean much, but it -- you know, it gives you a leg up on some people out there. And out looking for work as is, and there's a couple pretty good leads. And, you know, it definitely helps to have a journeyman card. Fully willing to pay the back monies, just like I tried to put some verbiage down there. And I can certainly stay in the business without it. Just think it'd be a lot better if! could, you know, pay the back fees, acquire it and then of course do the CEU's and the monies and such just to have it, kind of like a backup or something that you can show to the other people. Even though if you have eight or 10 years experience, plenty of guys out there that never went to any schooling, Vo-Tech's like that, it's all hands on. Ifthat makes any sense. MR. JOSLIN: How many hours ofCEU's would he be behind? The license was -- MR. OSSORIO: Actually, when you're a journeyman, the way it works is, is that you go to a journeyman apprenticeship program at the V 0- Tech for four years. After you do your four years, you come and you apply for a journeyman license. You take the exam, you pass the exam, you carry your journeyman card for two years. Once you're a journeyman for two years, you may sit for the master, so a total of six years. I mean, this gentleman went through V 0- Tech, took the journeyman test, got the journeyman card, practiced his apprenticeship for many years, let the license lapse, his certificate for a journeyman card, and he wishes to have it back. Is it required? No. But I commend him, he wants to have a journeyman card. So when he goes to ajob site or ifhe goes to a perspective, you know, new job site or whatever it might be, he says I'm a journeyman. MR. JOSLIN: Gotcha. MR. OSSORIO: Not a canceled journeyman but a journeyman. MR. JOSLIN: So there is no per se continuing education courses Page 25 April 21, 2010 that he is required to have? MR. OSSORIO: No, when you -- MR. JAMES: It's basically a fee -- MR. JOSLIN: A fee. MR. JAMES: --like he said, every two years, pay Collier County. MR. OSSORIO: Well, it's every year you pay your journeyman. MR. JAMES: Is it every year? MR. OSSORIO: And we expect a journeyman to work under a master electrician and learn his trade through the apprenticeship program, and be a journeyman. MR. JOSLIN: I'll make a motion that we approve Mr. Nicholas, to waive the examination. MR. JERULLE: Second, Jerulle. CHAIRMAN L YKOS: I have a motion, I have a second. All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN LYKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Good luck, Mr. James. MR. JAMES: Thank you, I appreciate it. Just real quick, Mike, so basically pay the 540 here or back at Horseshoe, or what did you want me to do with that? Page 26 April 21, 2010 MR. OSSORIO: Since the board has technically approved you, you're more than welcome to go back to our office and you can communicate with Maggie or Joanne or Jennifer and they can go ahead and process it. MR. JAMES: Is that okay to do now since we got-- MR. OSSORIO: That's okay. MR. JAMES: -- the day off? MR. OSSORIO: Fine. MR. JAMES: Okay, thank you. MR. JOSLIN: Good luck. CHAIRMAN L YKOS: Okay, moving on. Any old business? MR. WHITE: One item, Mr. Chairman. Just following up on the public reprimand of our case last month for Maharay Borrego, was that public reprimand issued, and do we have a copy? MR. LANTZ: It was in all the newspapers. MR. WHITE: I don't get the paper, I guess -- MR. OSSORIO: That's correct. What we did was is once the chairman signed the order, we contacted our liaison through the Board of County Commissioners, John Torre, who's the director of communications. He wrote up a press release. Press release was good, right to the point. And it went to the newspapers, they picked it up. It went on -- I think it went on TV, it went on news and it went to the general public. So I consider that a public reprimand. MR. WHITE: Thank you for the update and the opportunity to put it in the public eye again today. MR. OSSORIO: And the homeowner is getting reimbursed. MR. WHITE: Well that's great. CHAIRMAN L YKOS: That's very good. So the system worked. MR. JACKSON: So far. Page 27 April 21, 2010 CHAIRMAN L YKOS: So far. Thank you. All right. Is a Mr. Henderson here? Okay, we have one public hearing. I'm going to go through the hearing procedures so everybody understands the procedure. Public hearing procedures are conducted pursuant to the procedures set out in Collier County Ordinance 90-105, as amended, and Florida Statutes Chapter 489. These hearings are quasi judicial in nature. Formal Rules of Evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence, but shall not be sufficient by itself to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Any member of the Contractors Licensing Board may question any witness before the board. Each party to the proceedings shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebut any evidence presented against the party. The chair person or in his absence the vice chair person shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. The general process of the hearing is for the county to present an opening statement where it sets out the charges and in general terms Page 28 April 21, 2010 how it intends to prove them. The respondent then makes his or her opening statement, setting out in general terms the defenses to the charges. The county then presents its case in chief, calling witnesses and presenting evidence. The respondent may cross-examine these witnesses. Once the county has closed its case in chief, then the respondent puts on his or her defense. They may call witnesses and do all the things described earlier; that is, call and exam witnesses, to introduce exhibits, to cross-examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebut any evidence presented against the party. After the respondent puts on his or her case, the county gets to present a rebuttal to the respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements, with the county getting a second chance to rebut after the respondent's closing argument. The board then closes the public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the board will give them a charge, much like a charge to a jury, setting out the parameters on which they base their decision. During deliberations the board can ask for additional information and clarification from the parties. The board will then decide two different issues: First, whether the respondent is guilty of the offenses charged in the Administrative Complaint. A vote will be taken on this matter. If the respondent is found guilty, then the board must decide the sanctions to be imposed. The board attorney at this point will advise the board of the sanctions which may be imposed and the factors to consider. The board will discuss sanctions and take a vote on those. Page 29 April 21, 2010 After the two matters are decided, the chair or in his absence the vice chair will read a summary of the order to be issued by the board. This summary will set out the basic outline of the order but will not be exactly the same language as the final order. The final order will include the full details required under state of law and procedure. So we said Mr. Henderson is here. If you would please swear in Mr. Henderson. (Speaker was duly sworn.) CHAIRMAN L YKOS: Okay, we are hearing Case No. 2010-02, the Board of County Commissioners, Collier County, Florida, Contractors Licensing Board as petitioner, versus Gregory Henderson, d/b/a Henderson Painting, Incorporated. License No. 17303. And the administrative complaint, the Contractors Licensing Board of Collier County, Florida, files this administrative complaint against Gregory Henderson, d/b/a Henderson Painting, Inc., License No. 170303 and says: Count I, disregards or violates in the performance of his contracting business in Collier County any of the building, safety, health, insurance or workers compensation laws of the State of Florida or ordinances of this county. It is determined that the above stated charges are grounds for disciplinary action under Ordinance 90-105 of Collier County, Florida as amended. So we'll start with opening statement by the county. MR. JACKSON: For the record, Ian Jackson, Contractor Licensing for Collier County. First the county would request that the evidence packet be entered into evidence. CHAIRMAN L YKOS: Need a motion. MR. JOSLIN: So moved, Joslin. MR. JERULLE: Second, Jerulle. CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. Page 30 April 21, 2010 MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. MR. JACKSON: Thank you. This case evolved from an anonymous complaint regarding the painting taking place at 356 Water Leaf Court on Marco Island. Ultimately it was discovered that there was a worker where Mr. Henderson had failed to gain workers' compo coverage for him. In a meeting with Mr. Henderson this morning, Mr. Henderson -- and I'm sure he will confirm -- is choosing to not contest the charge brought before him today. In a nutshell, Mr. Henderson utilizes Labor Finders to provide workers' compo coverage for his employee or employees, and this particular time period there was a failure for him to do so. And that will conclude my opening, and I'll turn it over to Mr. Henderson for his. CHAIRMAN L YKOS: Okay, Mr. Henderson, opening statement, please. MR. HENDERSON: It's pretty simple, really. I run these guys through Labor Finders. They are their employees. And I had neglected to pick up the job ticket for that week. And that's when Ian came to the job. CHAIRMAN L YKOS: Thank you. Okay, Ian, we're ready for you to present your case. MR. JACKSON: Okay. The week within the date of March Page 31 April 21, 2010 10th you will find in your Exhibit E-5 and E-6 a statement from Labor Finders, showing the customers of theirs who were utilizing the organization to provide workers' comp., which does not include Mr. Henderson. And I would ask a question of Mr. Henderson, ifI may. On March 10th, was there workers' compo coverage for your employee, Juan Aguirre, while I was there? MR. HENDERSON: Apparently not. The ticket has to be picked up before the coverage is in place, which I really wasn't clear on when I made my deal with Labor Finders. MR. JACKSON: Thank you. And with that, the county will rest and answer any questions of the board. CHAIRMAN L YKOS: Okay, are there any questions ofIan? (No response.) CHAIRMAN L YKOS: Okay. Mr. Henderson, do you have any evidence to present? MR. HENDERSON: Only other job tickets. I just want the board to realize that I wasn't just -- I didn't just have these guys out there working with no insurance at all. I had neglected to pick up the ticket for the week. I do have tickets for the previous and following weeks. CHAIRMAN L YKOS: Do you want to present those into evidence? MR. HENDERSON: Sure. I suppose. To you? CHAIRMAN L YKOS: We need to have copies made and then have those entered. MR. NEALE: Let the clerk have them. And they also need to be marked as an exhibit. Mark them as a collective exhibit. CHAIRMAN L YKOS: Okay. Page 32 Apri121,2010 MR. JACKSON: I'll have copies made. CHAIRMAN L YKOS: Okay. And then I need a motion to accept those into evidence. MR. LANTZ: So moved, Lantz. MR. WHITE: Second, White. With a stipulation to be able to see them before you -- CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Thank you. MR. WHITE: May I inquire, Mr. Chairman? CHAIRMAN L YKOS: Please. MR. WHITE: Mr. Henderson, you've provided us with these job tickets for the week apparently before and the week after. Can you testify as to what other weeks you may have, when you had employees working with you, also obtained the job tickets and used Labor Finders? MR. HENDERSON: Those are the tickets that I've had since I've used Labor Finders. That's-- MR. WHITE: So there were only those three weeks that -- the week before, the week of for the violation -- MR. HENDERSON: That's correct. MR. WHITE: -- and the week after. There's no -- Page 33 April 21, 2010 MR. HENDERSON: Well, no, there's some back to December there. MR. WHITE: Okay. MR. HENDERSON: They're intermittent. MR. WHITE: Okay. So your routine practice is to use Labor Finders. MR. HENDERSON: That's right. I don't do enough business to carry a full-time policy. MR. WHITE: Thank you. CHAIRMAN L YKOS: Mr. Henderson, the week that's in question, the week of March 10th, how many employees did you have working. MR. HENDERSON: Just the one. MR. OSSORIO: Mr. Chairman, may I ask a question? CHAIRMAN L YKOS: (Nods head affirmatively.) MR. OSSORIO: Mr. Henderson, have you ever been issued a stop work order for workers compo violation through this office? MR. HENDERSON: Yeah, one time before, several years ago. CHAIRMAN L YKOS: What were the circumstances surrounding that? MR. HENDERSON: I had hired a guy just as a -- to help us carry doors. And it was a job that there was a permit problem, and Ian came to the job, and he then gave me a citation. CHAIRMAN L YKOS: What was the permit problem? MR. HENDERSON: It had nothing to do with me, there was a general contractor who I don't even remember, several years ago, that they had failed to pull a permit. But it was for that reason that Ian was there. CHAIRMAN L YKOS: So you were issued a citation for having an employee on-site without workers' comp.? MR. HENDERSON: Correct. Page 34 April 21, 2010 MR. JOSLIN: Were you using Labor Finders at that time also? MR. HENDERSON: No, I was not. MR. JOSLIN: No. MR. HORN: Mr. Henderson, quick question about these tickets, since I'm not familiar. If I'm reading it correctly, you fill these out and then you hand it to the worker after the job's done? MR. HENDERSON: No. Those go back to Labor Finders on a weekly basis. The checks are then issued by them to the workers. MR. HORN: Okay. MR. HENDERSON: They're to be picked up at the beginning of the workweek and then faxed to them at the end of the week. MR. HORN: I see. CHAIRMAN L YKOS: So all the board members may have a better understanding, Mr. Henderson, you call Labor Finders, you tell them you need X number of employees for a certain time frame at a certain location. And how do the employees end up on the job site? How do you document their hours? If you could explain to the board better how that works. MR. HENDERSON: It doesn't work that way. You -- I find the employee, I send them to Labor Finders and they do their application process with Labor Finders. So they're actually their employee. And then as you put the guys on the job, you pick up the tickets. And that's what I had neglected to do for that week. MR. NEALE: It appears to be a short-term employee leasing kind of situation. MR. HENDERSON: Yeah, it's employee leasing. MR. NEALE: Employee renting as opposed to employee leasing, I guess. CHAIRMAN L YKOS: Well, I want to make sure everybody understands, Mr. Henderson's testified that he failed to pick up a ticket. I think we need to understand exactly how the process works so we know if this is matter of just failing to go pick up a ticket, or if Page 35 April 21, 2010 the gentleman was not working through Labor Finders it would certainly make the labor cost less expensive. So I want the board members to have a better understanding of exactly how this works. Is this a simple oversight or was this an effort to avoid paying the fees you pay through a Labor Finders type of a business? MR. HENDERSON: It was an oversight. CHAIRMAN L YKOS: I understand. But that's why I wanted you to explain better how the process works. MR. HENDERSON: I believe I did. That is how it works. You send the employee up there, he makes his deal with Labor Finders. Then he can either pick up the ticket, or in my case I was supposed to pick it up. I was busy with other things and I neglected to do it. CHAIRMAN L YKOS: So the workman comes to the job site, you go to Labor Finders and you get a ticket from Labor Finders? MR. HENDERSON: You should have it before, yeah. CHAIRMAN L YKOS: And on that ticket is what information? MR. HENDERSON: I believe you have them there. All that ticket says is that he is an employee there. CHAIRMAN L YKOS: So it has the employee's name. MR. HENDERSON: Correct. My -- Henderson Painting and his name and our shop address. And then at the end of the week you have the total number of hours and you sign for that. CHAIRMAN L YKOS: Okay. MR. JOSLIN: Was this just a clerical error where you used the man on the job but you just neglected to go pick up a ticket and you actually did have to pay Labor Finders for that man's labor for the day, kind of a -- MR. HENDERSON: No, no. MR. JOSLIN: -- or did you not have this man approve-- MR. HENDERSON: I want to clarify that. I'm not trying to Page 36 April 21, 2010 worm out of anything here. I neglected to pick it up, so Labor Finders would not have charged me for that day. MR. LANTZ: So how did he get paid for the day? MR. HENDERSON: Well, excuse me, that's not exactly true. He -- I got the ticket later in the week, the following day, of course, and he would have got paid then. But the question is the insurance. And without the ticket in hand, apparently the compo is not on the job. MR. JERULLE: I have a question, sir. CHAIRMAN L YKOS: Mr. Jerulle. MR. JERULLE: The statement, Ian, was that Juan Aguirre had worked for three or four months? MR. HENDERSON: Intermittently. MR. JERULLE: Who said intermittently? MR. HENDERSON: I did. MR. JERULLE: Okay. That's not the statement in the summary. MR. JACKSON: Mr. Aguirre, when asked by myself how long have you worked for Mr. Henderson, his answer was three or four months. Now, he didn't specify whether that was intermittent or regular. It's just a general question that I ask when I'm on a job site, just to gather information. MR. JERULLE: Because I see four tickets presented into evidence, and I have a summary that says three or four months. I'm just trying to figure out if there's a -- if it is intermittent or if it is somebody just trying to every now and then provide Workmen's Compo MR. JACKSON: If it helps clarify, Labor Finders, in my communication with him, they were familiar with Mr. Henderson. They had to search their records to find whether there was coverage for that day or whether there was a record of Mr. Aguirre being covered for that day. Page 37 April 21, 2010 It was apparent that Mr. Henderson does utilize the organization, but I think as we've arrived at, there was an issue with coverage for that individual day. CHAIRMAN L YKOS: I haven't seen the receipts yet. Do we have a receipt from that week? MR. JOSLIN: No; not that I can find anyway. Unless we're missing any. But there's no coverage for that particular week, no. I'm showing one for 3/15. MR. HENDERSON: There should be. MR. WHITE: There's one for 3/11. MR. HENDERSON: There it is. MR. JOSLIN: One for 11/30. MR. HENDERSON: 3/11. MR. JOSLIN: One for 12/05. And that's all that's here. Unless I missed it somewhere. I'm sorry, there is one for 3/11. You say the incident happened on the 3rd, though, correct? MR. WHITE: 10th. CHAIRMAN L YKOS: 10th. MR. JOSLIN: I'm sorry, on the 10th. MR. JERULLE: Well, and that was another question. Ian, you were called on the 3rd? MR. JACKSON: The complaint came to our office on the 3rd. I made a site visit on the 3rd where there was no work. I made another site visit on the 10th where I met Mr. Aguirre, and the chain of events started from the 10th. MR. JERULLE: There was no work going on at the time. Was there -- had there been any painting done previous to you showing up? MR. JACKSON: Not before -- not to my knowledge before the 10th. It was interior. I didn't have access to the interior so I wouldn't be able to answer that. Page 38 April 21, 2010 MR. HENDERSON: It would have been myself as far as the work. MR. JERULLE: Meaning you would have performed -- MR. HENDERSON: I was there working, yeah. MR. HORN: Mr. Chair, question for you for just-- CHAIRMAN L YKOS: Yes, sir. MR. HORN: -- my piece of mind and for the general public's. As a consumer, if I heard a painter and let's say they were utilizing a day laborer, if they didn't use a service such as this to cover Workmen's Compo and all that, wouldn't there be a substantial difference in what they were paying out of pocket, their expenses and costs, let's say, versus someone who was? Therefore, would they be able to underbid another contractor going by those rules? CHAIRMAN L YKOS: Yes, that's correct. MR. HORN: Okay, I just wanted to make sure I understood it correctly. MR. JOSLIN: I'm trying to find out the date of the invoice there from Labor Finders. It lists 3/11. The citation actually occurred on 3/1 O. So which day was it? MR. LANTZ: 11th is a Thursday. MR. JERULLE: There's a calendar on the bottom. MR. JOSLIN: On the -- if you look on the sheet though on 3/11, even though that's the date of the invoice, it shows a Thursday as being a paid day, I believe. Which is a Thursday, right? MR. LANTZ: Correct. I think the next day he went and got it straightened out, if I'm not mistaken right? MR. HENDERSON: Correct. It was that day, actually, but they couldn't issue a ticket on the 10th. MR. WHITE: Because you hadn't picked it up. MR. HENDERSON: Correct. MR. LANTZ: They can't give you workers' compo coverage -- MR. HORN: After the fact? Page 39 April 21, 2010 MR. LANTZ: -- after the fact. I've made that mistake. Not me, but -- MR. JOSLIN: Well then -- okay, if that's the case then, if you look on the 3/11 invoice there, why would -- THE COURT REPORTER: Mr. Joslin, please speak into the microphone. MR. JOSLIN: I'm sorry. If that's the case, then if you look on the 3/11 invoice, does it show a Thursday there? CHAIRMAN L YKOS: It shows seven hours on Thursday, seven hours on Friday. MR. JOSLIN: Okay. And you just said the 10th was a Thursday, correct? MR. LANTZ: The 11th was a Thursday. MR. JOSLIN: The 11th was a Thursday. So the 10th was a Wednesday, okay, so there was no coverage then. All right, that's what I wanted to see. MR. LANTZ: So you just wrote down Friday, even though he didn't work Friday, to cover for Wednesday? MR. HENDERSON: No, he worked Thursday and Friday. MR. LANTZ: So how did he get paid -- MR. HENDERSON: Oh, excus -- no, you're right, you're right, you're right. CHAIRMAN L YKOS: How did he get paid for Wednesday? MR. HENDERSON: No, it was -- he did not work Friday, it was Wednesday and Thursday. Just so the check would be correct for the two days. MR. JERULLE: So not that I want to summarize, but just in my own mind a summary would be that you're admitting that on the 10th you did not have Workmen's Compensation for that laborer. MR. HENDERSON: As it turns out. Without a ticket, the policy is not in place, that's -- Page 40 Apri121,2010 MR. JERULLE: And your charge is that he did not have it on the 10th? MR. JACKSON: Correct. MR. NEALE: I think, you know, just for summary purposes that Mr. Henderson's effectively stipulated to the fact that he was in violation as charged, so I think he would -- you know, the board could act upon that, as they have in the past, that when someone stipulates to a charge that you can find them in violation of the charge and then review the rest of the circumstances as to the penalty side of it. CHAIRMAN L YKOS: Under normal circumstances I would agree with you. However, some of us have experience in this type of transaction, and I think we do need to do a little bit more research here. In looking at the ticket from 3/11 which says that Mr. Aguirre worked on Thursday and Friday, we've concluded that it was actually Wednesday and Thursday, that Friday was added so that the check was correct. And then next week, when which is 3/15, Mr. Aguirre also worked on the same job site Tuesday, Wednesday, Thursday and Friday. So this was an ongoing project. So even though there's only one day in question, it looks like this job went Wednesday and Thursday. I don't know that he didn't work on Friday, because this ticket says he did work on Friday. And then it says he didn't work on Monday but then he worked the next four days of that week. So this was an ongoing project. And even though Wednesday is the exact day that we can know for sure that there was no coverage, because this was an ongoing project, I know my decision about any disciplinary action is going to take into consideration how long this may have been going on. We don't have a ticket for the week before, if I'm correct. So we know that by the respondent's admission, there were two days worked, Wednesday and Thursday. It was recorded as Thursday and Friday. Page 41 April 21, 2010 The week after there was four days worked, which means no -- we're supposed to believe that there was no work that occurred on the Friday after and no work occurred on the Monday of the following week, that there was two days worked the week of March 10th and the Wednesday was the only day that wasn't covered, and nobody worked at all on Friday. And then the next week nobody worked at all on Monday, but Mr. Aguirre did work Tuesday through Friday. And we don't know what happened the week after that because there's no ticket for it. So Mr. Aguirre may not have been working, or he may have and there's just no ticket for it. I don't know. Or-- MR. MEISTER: Is there any reason why the work was done so sporadically? In most cases you want to go and get it done? MR. HENDERSON: No, he's just part-time with me. The work wasn't necessarily sporadically. I was there working. But Juan has a night job and he only works for me part-time. I get him when I can get him. CHAIRMAN L YKOS: Well, he worked seven hours a day for six days, just not six days in a row. MR. HENDERSON: On that job, yeah. CHAIRMAN L YKOS: Did he work on the job from the beginning of the job to the end of the job? MR. HENDERSON: No. CHAIRMAN L YKOS: Did he work on the job the week of March 22nd? MR. HENDERSON: I don't recall. Whatever days that he worked on that job I had the ticket for. I mean, once I got the ticket straightened out, he was covered for all the time he was there from that day on until I was done with him on the job. CHAIRMAN L YKOS: I understand. MR. WHITE: Were there any days prior to the 10th that he wasn't covered that he did work? MR. HENDERSON: No, he wasn't there. Page 42 April 21, 2010 MR. WHITE: Thank you. CHAIRMAN L YKOS: Are there any other questions? (No response.) CHAIRMAN L YKOS: So at this point, as Mr. Neale stated earlier, you are stipulating to the fact that you did not have coverage for Mr. Aguirre on the day in question? MR. HENDERSON: Yes. CHAIRMAN L YKOS: Okay. So the first part of our process is pretty straightforward. The real question's going to come in with regard to disciplinary action. MR. NEALE: Yeah. Well, and the point that's important for the board to remember and that, you know, we bring up every time is that the only evidence the board can consider is evidence presented at this hearing. You can't speculate, you can't make things up, you can't pull -- say what if, may be. The only evidence you can consider is evidence that's actually presented. So speculation is all well and good, but it's not evidence. CHAIRMAN L YKOS: Good point. Thank you. MR. JOSLIN: Closing statements probably? CHAIRMAN L YKOS: Yes. Any rebuttal to Mr. Henderson's case? MR. JACKSON: No. CHAIRMAN L YKOS: Okay. Closing statements? MR. JACKSON: County has no closing statement, considering Mr. Henderson's stipulation. CHAIRMAN L YKOS: Mr. Henderson, any closing statement? MR. HENDERSON: No, sir. CHAIRMAN L YKOS: Okay, then I need a motion to close the public hearing. MR. JOSLIN: So moved, Joslin. MR. LANTZ: Second, Lantz. CHAIRMAN L YKOS: All those in favor? Page 43 April 21, 2010 MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Mr. Neale? MR. NEALE: In this case, since it is somewhat simpler than most in that we do have a stipulation in place by the respondent as to the violation as charged for the time as charged, what the board now needs to do is review -- is to vote on whether to essentially accept the stipulation and find him in violation. Once the board has done that, then the board will consider the sanctions so we can -- once the board's done that, then I can put forth what the things are to consider when imposing sanctions. CHAIRMAN L YKOS: Okay, so the public hearing is closed, we're in deliberation. The first question we have to answer is whether or not Mr. Henderson is guilty of the violation. MR. WHITE: Make a motion, Mr. Chairman, that we find the respondent, Gregory Henderson, license number 17303, to have been guilty according to Count I for not having workers' compensation insurance as required by the state and county regulations on March 10th, 2010. MR. BOYD: Second, Boyd. CHAIRMAN L YKOS: I have a motion, I have a second. All those in favor? Page 44 April 21, 2010 MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries. Okay, Mr. Neale? MR. NEALE: All right. You now have found the respondent in violation, and you have to decide on the sanctions to be imposed, which are set out in the codified ordinance in Section 22-203 .B.1, and in the revised ordinance in Section 4.3.5. The sanctions which may be imposed include revocation of the Certificate of Competency, suspension of the Certificate of Competency, denial of issuance or renewal of the Certificate of Competency, probation of a reasonable length not to exceed two years, restitution, a fine not to exceed $10,000, a public reprimand, a reexamination requirement, denial of the issuance of permits or requiring issuance of permits with conditions, and reasonable legal and investigative costs. In imposing these sanctions, the board shall consider the evidence presented here as to the gravity of the violation, the impact of the violation, actions taken by the violator to correct the violation, any previous violations committed, and any other evidence presented at this hearing by the parties relevant as to the sanction that is appropriate for the case, given the nature of this circumstance. CHAIRMAN L YKOS: Thank you. Okay, comments? Page 45 April 21, 2010 MR. WHITE: Question, if! may, of the county as to what their costs were, prosecutorial. MR. JACKSON: Cost was 500. CHAIRMAN L YKOS: We have a recommendation? MR. JACKSON: The county's recommendation is a fine of $1,500, cost of $500, paid within 30 days, and Mr. Henderson attends a workers' compo course given by the Division of Financial Services of the State of Florida within 90 days. And a probationary period of one year. CHAIRMAN L YKOS: Any other comments? Mr. Horn? MR. HORN: Mr. Chair, just a suggestion, if we're going to do probation, that we also require the defendant to call in all his jobs for the next year to the county so that if the county chooses to check on those jobs, they can do so at their decision, to make sure that he is following the workmen's compo laws in the future. CHAIRMAN L YKOS: Okay. Any other comment? MR. JERULLE: Excuse me. Ian, you stated that the county had fined for workmen's compo prior? MR. JACKSON: That is correct. MR. JERULLE: Was there a date; do you recall? MR. JACKSON: October, 2008. MR. JOSLIN: Was it the same kind of instance where it was Labor Finders or another company used for workmen's comp., or -- MR. JACKSON: I'm going by memory with this, but I don't believe at the time Mr. Henderson was utilizing a day labor organization. I think after he and I met at that date -- and Mr. Henderson may be able to confirm or not this -- I made that suggestion to him, and that's what prompted him to start using that day labor organization. MR. JOSLIN: So he was fined a citation for that? MR. JACKSON: Yes. Page 46 April 21, 2010 MR. JOSLIN: Not brought before the board at that time? MR. JACKSON: Correct. MR. JOSLIN: So in your opinion, he was well notified that he needed to have workman's compo on all his employees every time they went to the job, any job? MR. JACKSON: I would imagine. I can't speak for Mr. Henderson and his recognition of that. MR. OSSORIO: Typically once an individual gets notified the first time that he or she needs to have coverage pursuant to 440, we do sit down with them at length and discuss all the options: Leasing, payroll service, day laborers, a blanket policy. So we go through extensive one-on-one with the qualifier about workers' compo or Insurance. When we find a violation, we issue a stop work order pursuant to the code. CHAIRMAN L YKOS: I'm personally a little conflicted on this one. As my company was growing we took advantage of the companies like Labor Finders, because it was hard to know your flow of work and your workload, and it was an easy way to react quickly to a jump in your workload. So I know that my company took advantage of groups like Labor Finders. And in remembering back I don't know how diligent we were about getting the tickets and making sure they were on-site and those kinds of things. So I have an understanding of how this kind of oversight could occur. That being said, and with deference to Mr. Neale's comments about speculation, there's a three-month window where there are no labor force tickets. And, you know, Mr. Boyd made a comment earlier about how the economy puts a strain on businesses, and it certainly would be tempting to get some inexpensive labor by not having to go through a labor force or not having to worry about workers' compensation and those kinds of things. Page 47 Apri121,201O And I know it's speculation, but it's that window of three months in between. And the tickets only start after Ian Jackson was on-site and discovered that there was a workmen's compo violation. So I might be speculating, against Mr. Neale's recommendations, but it does give me pause over how innocent this may be. MR. NEALE: Except for the fact that those were just the tickets he presented to you. CHAIRMAN L YKOS: I understand. MR. NEALE: There is no evidence in the record to say those were the only tickets ever issued. CHAIRMAN L YKOS: I understand. MR. LANTZ: Did he testify that those were the only ones ever issued? MR. HENDERSON: No. No, I sure didn't. I was trying to show around the time of the violation -- MR. NEALE: All he testified-- MR. HENDERSON: -- that I wasn't just out there with nothing. MR. NEALE: Yeah, I believe all he testified to was that he had the ticket in there for the week before and the week after, and a representative segments of other tickets. MR. WHITE: He also testified that this was an exception essentially to his routine practice. CHAIRMAN L YKOS: There is no ticket for the week before. MR. JOSLIN: Which could really be the fact of him maybe not being as busy at what like you mentioned where the jobs are sporadic In a sense. I don't think -- in my opinion I don't think it was clear-cut blatant that he did it, even though there was a paper in sight (sic) mistake, because he has used the Labor Finders in the past. Now, again, not speculating, we could also I guess analyze it a different way and say maybe he has been doing this all along trying to discure (sic) the fact, but I don't think that we can really act on that, on Page 48 April 21, 2010 what we speculate on. So I'm ready to make a motion, if we're not -- MR. JERULLE: The facts are the facts, correct? He's admitted guilt. The county has made a recommendation. I say we move forward. MR. LANTZ: I agree with the county's recommendation also. CHAIRMAN L YKOS: Well, then I need a motion. MR. JOSLIN: I'll make a motion that Gregory Henderson, d/b/a Henderson Painting in Case No. 2010-02, License No. 17303, be fined -- I'm sorry, be required to pay investigative costs of $500; be required to pay a $1,500 fine, and both of those to be paid within 30 days; to be able to take or to take a workmen's compo accredited course within a 90-day period; and be placed on probation for one year in which the county will monitor the jobs that he has ongoing for that amount of time. MR. WHITE: Second by White, with a stipulation that he'd have to actually pass workers' compo -- MR. JOSLIN: Okay, yes. MR. WHITE: -- within 90 days. MR. JERULLE: Good point. MR. JOSLIN: Well, I don't believe workmen's compo is a test, it's just a course you go through. MR. WHITE: Demonstrate proof of attendance. MR. JOSLIN: Sure, yeah. CHAIRMAN L YKOS: I have a motion, I have a second. Any other discussion? (No response.) CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. Page 49 April 21, 2010 MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN LYKOS: Opposed? (No response.) CHAIRMAN L YKOS: Motion carries 8-0. Ian, this is the evidence. MR. JACKSON: Thank you. Mr. Henderson, if you want to give me a call, I can give you information on the workers' compo course. There's one coming up very shortly. CHAIRMAN L YKOS: Okay, with regard to Case No. 2010-02, this cause came on for public hearing before the Contractors Licensing Board on April 21st, 2010, for consideration of the Administrative Complaint filed against Gregory Henderson d/b/a Henderson Painting, Incorporated. Service of the complaint was made in accordance with Collier County Ordinance 90-105, as amended. The 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, conclusions of law and order of the board as follows: Gregory Henderson, d/b/a Henderson Painting, Incorporated, is the holder of record of License No. 17030; 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 Gregory Henderson was present at the public hearing and was not represented by counsel at the hearing on April 21st, 2010. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. The respondent acted in a manner that is in violation of Collier Page 50 April 21, 2010 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 I, 4.1.6, disregards or violates in the performance of his contracting business in Collier County any of the building, safety, health, insurance or workers' compensation laws of the State of Florida or ordinances of this county, is 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 Count I, 4.1.6, disregards or violates in the performance of his contracting business in Collier County any of the building, safety, health, insurance or workers' compensation laws of the State of Florida or ordinances of this county are approved, adopted and incorporated herein. To wit: The respondent violated the Section 4.1.6, as amended, in the performance of his contracting business in Collier County by acting in violation of the section set out in the Administrative Complaint with particularity. Based upon the foregoing findings of fact and conclusions of law, and pursuant to authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of eight in favor and zero opposed, a majority vote of the board members presents, the respondent has been found in violation as set out above. Further, it is hereby ordered by a vote of eight in favor and zero opposed, a majority vote of the members present, that the following disciplinary sanctions and related order are hereby imposed upon the holder of Contractor's Certificate of Competency No. 17303. That the respondent pay fines of $1,500 and investigative costs of $500, due within 30 days. That the respondent take a workers' compensation course within 90 days and proof of attendance -- provide proof of attendance. That the respondent receive probation for one year and provide information to the office with regards to his job so that the county Page 51 April 21, 2010 licensing department can check in on those jobs as they see fit. And that's it. MR. NEALE: So ordered. CHAIRMAN L YKOS: So ordered. MR. OSSORIO: Mr. Chairman, our next meeting is going to be Wednesday, May 19th, here in this building. And just a quick reminder, I'll drop the packets off. We'll pick those up. And make sure we keep -- you'll keep the draft of the ordinance. And I will send them electronically sometime today. CHAIRMAN L YKOS: Okay. Any other comments? MR. WHITE: Just about the workshop portion for the ordinance. Is that also going to be on the 19th? MR. OSSORIO: Yes. It's going to be part ofthe agenda. It's going to be a line item on the agenda. CHAIRMAN L YKOS: Is that going to be catered? We're going to be here awhile. MR. OSSORIO: What we'll probably end up doing is we might have the -- you know, since there might be some people here who wish to speak on the ordinance, we'll probably have the workshop up front on the agenda so it's timed at 9:00. And then we'll follow through with the regular agenda. Hopefully the agenda's going to be shorter. So we'll probably get done at the same time. CHAIRMAN L YKOS: Okay. Any other questions or comments? MR. JOSLIN: Could I just make one real quick comment as far as for the ordinance goes? Maybe the county attorneys might want to do this before we get to the board meeting. On the composition of the part three of the Contractor Licensing Board, who qualifies to be on the board, there are a couple of us I believe on the board that do not fall under any of these categories. Now, if! recall, years ago there was a specialty contractor listed as one of those. It's not in this one. You might want to just check and Page 52 April 21, 2010 maybe it's just an omitted error. MR. NEALE: Yeah. MR. JOSLIN: Several of us fall under that category where not any of the items that are on here. MR. NEALE: Right, because there used to be the specialty contracting. MR. JOSLIN: Yeah, I'm pretty sure there was. Anyway, it's not now. MR. OSSORIO: Well, Mr. Joslin, I recommend that you make your notes and then we'll talk about them on the 19th. MR. JOSLIN: Yes. It was just one real quick because, you know, I want to make sure we're compliant. CHAIRMAN L YKOS: Okay, any other questions or comments? (No response.) CHAIRMAN L YKOS: I need a motion to adjourn. MR. WHITE: So moved, White. MR. JERULLE: Second, Jerulle. CHAIRMAN L YKOS: All those in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. MEISTER: Aye. CHAIRMAN L YKOS: Aye. MR. WHITE: Aye. MR. JOSLIN: Aye. CHAIRMAN L YKOS: Opposed. (No response.) CHAIRMAN L YKOS: Motion carries. Thank you. Page 53 April 21, 2010 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:45 a.m. COLLIER COUNTY CONTRACTOR LICENSING THOMAS L YKOS, 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 54