CLB Minutes 10/19/2011 CONTRACTORS
LICENSING BOARD
Minutes
October 19 , 2011
October 19, 2011
MINUTES OF THE
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
MEETING
Naples, Florida,Q€tobcr-19, 2011
LET IT BE REMEMBERED that the Collier County Contractors' Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Administrative Building "F," 3rd floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Fiala �v
Hiller ✓ CHAIRMAN: Kyle Lantz (Excused)
Henning —r' Vice Chair: Lee Horn
Coyle ✓
Colette Michael Boyd
Teny Jerulle
Richard Joslin (Excused)
Thomas Lykos
Misc. Corres: Robert Meister (Absent)
Jon Walker
Date: 31 I I l 2, Patrick White (Excused)
Item#: t CAS iq
Copies to:
ALSO PRESENT:
Jamie French, Director— Operations & Regulatory Management, GMD
Michael Ossorio — Supervisor, Contractors' Licensing Office
Patrick Neale, Esq., Attorney for the Contractors' Licensing Board
Steve Williams, Esq., Assistant County Attorney
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October 19,2011
Any person who decides to appeal a decision of this Board will need a record of the
proceedings and may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the Appeal is to be based.
I. ROLL CALL:
Vice Chairman Horn called the meeting to order at 9:02 AM and read the procedures
to be followed to appeal a decision.
Roll call was taken and a quorum was established. Five members were present.
II. ADDITIONS OR DELETIONS:
Addition:
• Under Item VI, "New Business"—
o (E) Orders of the Board
Clarification:
• Under Item VIII, "Reports"—
o (A) Fiscal Statements will be presented at the December 21St meeting.
(Scrivener's Note: The correct number for "Reports" is Item IX)
Correction:
• Under Item X, "Next Meeting Date" —
o The Board will not meet in November as noted.
o The next meeting is scheduled for December 21, 2011.
III. APPROVAL OF AGENDA:
Thomas Lykos moved to approve the Agenda as amended. Second by Terry Jerulle.
Carried unanimously, 5—0.
IV. APPROVAL OF MINUTES—September 21, 2011:
Thomas Lykos moved to approve the Minutes of the September 21, 2011 meeting as
submitted. Second by Terry Jerulle. Carried unanimously, 5—0
V. DISCUSSION:
(None)
VI. NEW BUSINESS:
(Note: In each of the cases heard under this Section, the individuals who testified
were sworn in by the Attorney for the Board.)
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October 19,2011
A. Christopher Dwayne Rayburn—Waiver of Examination/Credit Review
Michael Ossorio noted:
• Mr. Rayburn was originally licensed in 2001
• He allowed his license to expire in 2009
Christopher Rayburn stated:
• He applied to reinstate his license and re-open his company, "CDR
Flooring, LLC"
• He was unable to pay the renewal fees in 2009 due to financial hardship
• He has continued to work in the field as an employee of several vendors
including Diamond Carpet, Inc., and Maurice Gutierrez who is a licensed
flooring inspector
• He became an authorized Karastan Carpet Installer in 2004
• When his company was operating, no claims were filed against it
• There are several companies that have work for him as a Subcontractor
Vice Chairman Horn noted some issues with the Applicant's personal credit
report and asked what had been done to correct the situation.
Mr. Rayburn stated he scheduled an appointment with an accountant to set-up
payment plans.
Terry Jerulle asked Mr. Rayburn why he was petitioning to reinstate his license
without the required retesting.
Mr. Rayburn stated he has problems with written tests. He took the Business &
Law test three times in 2001 but could not pass it. He held his license for seven
years and never had problems installing flooring or a complaint from customers.
Michael Ossorio provided the following background information:
• Mr. Rayburn was licensed in 2001
• Contracting Licensing Office Supervisor Bob Nonnenmacher waived the
exam requirement in 2001
• Mr. Rayburn's license was categorized as "null/void"in December 2009
• After a period of three years, an applicant is required to re-take the
Business&Law exam in order to reinstate the license
o If an applicant remains active in the trade during the three-year
period, the Board may elect to waive the exam requirement
• Mr. Rayburn petitioned the Board for a Waiver of the test requirement and
presented his credit report for the Board to review
• No complaints were made against Mr. Rayburn's company when it was in
operation
• He had been licensed in Lee County
Thomas Lykos noted Mr. Rayburn had been granted a Waiver in 2001 indicating
he never actually passed the written exam.
Vice Chairman Horn stated Mr. Rayburn was required to take the Business&
Law exam because he held a Specialty license.
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October 19,2011
Jon Walker asked the Applicant if he had been working in the same trade since
2009.
Christopher Rayburn stated he has been working for Diamond Carpet as a crew
member since 2010.
When asked if he would re-open his own company or qualify another company,
Mr. Rayburn stated he intended to re-open his company and he would be the sole
operator—no employees would be hired.
Thomas Lykos stated his concern`for the record"that waiving the requirement
again would not be in either the applicant's or the community's best interest
because the applicant had never passed the exam in the first place. He had
already been granted a benefit. Everyone else is required to pass the exam in
order to become licensed and open a business. A Trades exam is not required but
would probably have been waived by the Board due to the applicant's experience.
Mr. Rayburn stated he had been unable to pay the fees to due economic reversals
and lost his home to foreclosure in 2009. He further stated he knows flooring and
how to install it. He acknowledged taking the business classes but could not
complete the college-level test.
Jon Walker noted the civil judgments against the Applicant indicated he might
benefit from the Business & Law exam—despite his ability to perform the work—
since it covered how to conduct business.
Attorney Neale reminded the Board to consider only the Applicant's business
credit history when making the determination concerning his application.
Christopher Rayburn confirmed only the Home Depot judgment was related to
his former business and stated he has established a payment schedule with the
Company to pay off the business credit card. He stated he did not file bankruptcy
because he intends to pay off the obligations to re-establish the good credit rating
that he once had.
Terry Jerulle asked if the Board could approve granting the license to allow the
Applicant to work but also placing him on probation for a period of time while he
took the exam.
Attorney Neale confiriued the Board can set any probationary condition deemed
to be appropriate, i.e., allowing the Applicant to work as long as there was no risk
of harm to the community.
Michael Ossorio noted the exam is given in Bonita Springs by a testing company.
• The Applicant could take the exam in Gainesville where he would obtain
immediate results and could take it again the same day if necessary.
• The Gainesville testing company offers an open book exam taken on a
computer.
He stated the Board has previously granted restricted or provisional licenses with
specific conditions to be met before probation is lifted.
Vice Chairman Horn concurred with Mr. Lykos' concerns and suggested taking
the test in Gainesville might be beneficial to the applicant.
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October 19, 2011
Mr. Rayburn stated as long as he could begin working,he would take the test as
many times as the Board required.
Mr. Lykos indicated he would support a Motion to grant a restricted license
allowing the Applicant to work while placing him on probation until he passed the
Business and Law exam, and also addressing the outstanding judgments filed
against him.
Terry Jerulle stated the Applicant had not given up and was trying to "dig
himself out" from under but the Board must be fair to all applicants. Contractors
are required to take the test.
Vice Chairman Horn asked the Applicant if there were any other tax liens or
outstanding judgments, in addition to Home Depot, against his company.
Christopher Rayburn confirmed he has contacted the Internal Revenue Service
to work out a payment plan.
Vice Chairman Horn cautioned the Applicant that if the Board decided to place
him on probation, he would be required to prove progress had been made on all
issues including the State of Florida's tax lien. He advised the Applicant to also
contact the State's Department of Revenue.
Thomas Lykos moved to approve granting a probationary license to the
Applicant,subject to the following:
• The Applicant is to return after a period of one year to verify that he
took and passed the Business& Law test;
• The State Tax lien is to be paid in full;
• Concerning the three personal credit issues,produce documentation of
agreed payment plans;and
• Provide a revised Credit Report
Second by Terry Jerulle. Carried unanimously, 5—0.
B. Dale Miller—Application for Waiver(To reinstate License without testing)
Michael Ossorio provided the following background information:
• Mr. Miller has not been licensed since 2005
• His Certificate of Competency has been categorized as"null/void"
• His license is current in Lee and Hendry Counties
• Mr. Miller petitioned the Board for a Waiver of the test requirement which
includes the Business&Law and a Trades test for tile and marble
Dale Miller stated:
• Ile has never been "out"of the business
• He has been working as a Sub for other Contractors
• He kept his license current in Lee and Hendry Counties because he has
been working there
• The Contractor he worked for has closed his business
• His company is "Miller's Custom Tile, LLC"
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October 19, 2011
Terry Jerulle asked Mr. Miller why he did not want to take the test and the
response was that he passed it in 1999.
Chairman Horn asked the Applicant if there had been significant changes in the
Industry in the past twelve years.
Mr. Miller stated he has "kept up with the changes."
Michael Ossorio outlined the process:
• Mr. Miller will pay fees for the past three years
• He will pay the renewal fee for the current year
• He will pay a reinstatement fee
• Total fees due: approximately $800.00
He continued there were no issues with Mr. Miller's business credit and the
Trade test has not changed significantly in the past twelve years.
Recommendation: Approve the application and grant a Waiver to reinstate his
license without requiring testing.
Terry Jerulle moved to approve reinstating Dale Miller's Certificate of
Competency as a Tile/Marble Contractor without the requirement to re-test.
Second by Thomas Lykos. Carried unanimously, S—0.
C. Regla C. Lastra—Application for Waiver(To reinstate License without testing)
Ms.Lastra stated:
• She petitioned the Board to reinstate her Certificate of Competency as a
Fencing Contractor(Specialty trade) without requiring her to re-take the
Business & Law test
• Her license is current with the City of Cape Coral, as well as in Lee,
Hillsborough, and Orange Counties
• She changed her company's name from"All Fence Sale Corp."to "All
Fence Contractors, Inc."
• She was unable to pay the renewal fees in 2009 due to economic losses
• The State tax lien was paid in full and she produced a date-stamped copy
of the receipt
• The other issues on her credit report are in the process of being satisfied
Michael Ossorio clarified the Applicant's license was classified as"null/void"in
2009 and the applicable test is Business Procedures.
Vice Chairman Horn asked the Applicant if she had taken and passed the
Business and Law test; she responded affirmatively. He requested to the review
the documents brought by the Applicant.
(Procedural Note: The Hearing Reporter verified that the Applicant produced
four pages of documentation concerning the payment in full of the lien, made to
the Department of Revenue on October 18, 2011. The documentation included
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October 19, 2011
copies of the Warrant, Warrant payment, Receipt, and letter of confirmation of
payment and had been filed with the Clerk of Court, Miami-Dade County.
The 4-page documentation was marked as County's Exhibit "A" and was
reviewed by the Board.)
Thomas Lykos requested the County's recommendation.
Michael Ossorio stated since the Applicant was licensed in other jurisdictions,
was the process of paying her obligations, and had passed the Business & Law
test, the County recommended approving her application for a reinstatement of
her Certificate of Competency.
Vice Chairman Horn asked the Applicant if there were other outstanding debts.
Ms. Lastra stated she was waiting for notification and further stated her intention
to pay the balances in full within the next month.
Thomas Lykos moved to approve the application of Regla C. Lastra to reinstate
her Certificate of Competency (Fencing—specialty trade) without requiring
testing. Second by Jon Walker. Carried unanimously, S—0.
BREAK: 9:35 AM
RECONVENED: 9:43 AM
Vice Chairman Horn inquired of the Board's Counsel it a Motion was not required to
enter the documentation in the previous case into evidence as County's Exhibit "A. "
Attorney Neale responded the case did not necessitate a full Public Hearing.
D. Thomas E. Shallcross—Application for Waiver(To reinstate License without
testing)
Michael Ossorio provided the following information:
• Mr. Shallcross' Certificate of Competency has been cancelled since 2009
• He is licensed in Palm Beach County
• He passed the Business &License test and the Interlocking Paver test
• His personal and business credit ratings were excellent(noted on Page 2 of
the Credit Report
Thomas Shallcross stated:
• His company, "A Superior Pavers, Inc." is based in Palm Beach County
and has worked as a Subcontractor for Home Dynamics Corp. and its
subsidiary, Amberton Isles&Point
• A project will begin in Collier County (on Airport-Pulling Rd) in the near
future
• He has maintained his continuing education and is certified by the
Interlocking Concrete Pavement Institute ("ICPI")to Industry Standards
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October 19, 2011
County's Recommendation: Approve the application and grant a Waiver to
reinstate his license without requiring additional testing.
Terry Jerulle moved to approve the application of Thomas E. Shallcross to
reinstate his Certificate of Competency (Paving Block—specialty trade) without
requiring testing. Second by Jon Walker. Carried unanimously, S—0.
E. Orders of the Board
Thomas Lykos moved to approve the signing of the Orders of the Board by the
Vice Chairman. Second by Michael Boyd. Carried unanimously, S—0.
VII. OLD BUSINESS:
A. Gustavo DeLeon—Review of Probation Status
Michael Ossorio provided background information:
• Mr. DeLeon appeared before the Board on April 20, 2011
• At that time,he petitioned for a Waiver to reinstate his Certificate of
Competency(concrete forming and placing- Specialty trade)
• Due to issues with his personal credit report,he was placed on probation
for six months
• He has returned and provided an updated Credit Report
Gustavo DeLeon stated:
• He had been working for another Contractor doing concrete work(pouring
slabs, flatwork—driveways/sidewalks) as an employee
• He applied to reinstate his license in order to work as a Subcontractor and
re-open his business, "G.F. Concrete Corp."
• At issue was his personal credit
• His business credit report reflects that he does not supply material,only
labor
Vice Chairman Horn noted the Board is to review the Applicant's business
credit report. He asked if any complaints had been made against the Applicant
during the past six months and Michael Ossorio responded, "none."
County's Recommendation: Approve lifting the probation.
Thomas Lykos questioned why the Applicant was initially placed on probation if
his business credit report was the sole consideration.
Mr. Ossorio stated the Applicant had not been active in the business as a
Subcontractor when he appeared before the Board in April. The Board allowed
him six months to work as a Subcontractor. He was ordered to return to present
an updated business credit report.
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October 19, 2011
[Excerpt: Minutes of Board Meeting dated April 20, 2011:
"Richard Joslin stated while he did not have an objection to approving the
application for a Waiver, he suggested placing the Applicant on probation
for a six-month period to give him time to improve his credit. At the end
of six months,the Applicant will be required to return and present an updated
credit report to the Board. He stated the foregoing constitutes his Motion.
Mr. Meister offered a second in support.
Chairman Lantz outlined the Motion:
• Approve the application for a Waiver of Testing and approve
issuance of a license
• Institute a six-month probationary period while Applicant is
allowed to work
• Mr. DeLeon is to return at the end of the probationary period with
an updated business credit report
Motion carried, 6— "Yes"/2— "No." Terry Jerulle and Patrick White were
opposed "1
(A copy of the Findings of Fact, Conclusions of Law, and Order was distributed
to the Board for review.)
Thomas Lycos moved to approve full reinstatement of the Certificate of
Competency for Gustavo DeLeon (concrete forming and placing-Specialty
trade) and to terminate the probationary period. Second by Vice Chairman
Horn.
Terry Jerulle did not recall why two abstentions were noted in the Minutes.
Attorney Neale reviewed his notes—the issue of experience had been discussed.
Michael Ossorio confirmed that Mr. DeLeon had been working an employee for
a long time and had not been licensed in other jurisdictions. The Board had
concerns about his ability to operate his own business and he was ordered to
return in six months with an updated business credit report.
Vice Chairman Horn called for a vote. Motion carried unanimously, S—0.
VIII. PUBLIC HEARINGS:
(None)
IX. REPORTS:
A. Fiscal Year-end Reports
(Will be presented in December per amended Agenda.)
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October 19,2011
X. MEMBER COMMENTS:
• Thomas Lykos stated he has asked Staff to provide financial reports for the
end of the calendar year as well as the fiscal year-end but due to the difficulty
of obtaining information from the County's two software programs and the
absence of Ken Kovitsky to provide an explanation, he agreed it was more
appropriate to present the information at the December meeting.
• Jamie French stated the information will be collected from the County's
financial system ("SAP"), "C/D-Plus" (the older program), and"CityView" (the
new program) and compiled into a single, cohesive document. The information
is not collected until after the 15th of each month.
XI. NEXT MEETING DATE: Wednesday,December 21,2011
Board of County Commissioners' Chambers,Administrative Building"F,"
3rd Floor (Government Complex),3301 E. Tamiami Trail,Naples, FL 34112
There being no further business for the good of the County,the meeting was adjourned
by the order of the Vice-Chairman at 10:00 AM.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
- -,L.
orn,Vice-Chairman
The Minutes were approved by the Board/Chairman on , 2011,
"as submitted" 1 1 OR "as amended" [ 1.
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