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CLB Minutes 12/21/2011 CONTRACTORS LICENSING BOARD Minutes December 21 , 2011 December 21,2011 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING RECEIVED Naples, Florida, December 21, 2011 JAN 2 0 2012 Board of County C n�oners 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: CHAIRMAN: Kyle Lantz Vice Chair: Lee Horn Michael Boyd Terry Jerulle Richard Joslin Fiala 1/ Thomas Lykos Hiller ✓ Robert Meister Henning '1 }-\' Jon Walker Coyle ✓ Colette . Patrick White Misc. Curres: Date: 311311'2, Item#: t 4 Cc,nies to ALSO PRESENT: Jamie French, Director— Operations & Regulatory Management, GMD Michael Ossorio— Supervisor, Contractors' Licensing Office Ken Kovensky Patrick Neale, Esq., Attorney for the Contractors' Licensing Board Steve Williams, Esq., Assistant County Attorney Rob Ganguli, Licensing Compliance Officer Thomas Keegan, Licensing Compliance Officer 1 December 21, 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. ROLL CALL: Chairman Kyle Lantz 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. All members were present. II. ADDITIONS OR DELETIONS: Changes: • Under Item IV, "Approval of the Minutes"—The date of the Minutes was corrected to October 19, 2011 Thomas Lykos moved to accept the change to the Agenda. Second by Richard Joslin. Carried unanimously, 9- 0 III. APPROVAL OF AGENDA: Richard Joslin moved to approve the Agenda as amended. Second by Terry Jerulle. Carried unanimously, 9—0. IV. APPROVAL OF MINUTES—October 19,2011: Thomas Lykos moved to approve the Minutes of the October 19, 2011 meeting as submitted. Second by Jon Walker. Carried unanimously, 9—0. V. DISCUSSION: A. Contractor Licensing Cost of Service(FY 12)—Ken Kovensky (Copies of the Year End Report and the Budget were distributed to the Members.) Mr. Kovensky outlined the figures for the 2010-2011 Budget—"budgeted" versus "actual"expenses. The budget for 2012 was $917,000 and he noted State renewals were due in 2012. The shortfalls were discussed. He noted approximately $35,000 of fees were collected during December 2009-10 and it was impossible to predict how much would be collected during the last month of the year. It was suggested the amount budgeted for 2011-2012 ($450,000)might be too high for the category of License Renewal Fees. Mr. Kovensky agreed and stated the figure for 2013 might be reduced. Chairman Lantz asked when the report was prepared and why it had not been distributed to the members in a timely manner. Patrick White noted the end of year report was part of a more detailed report. He asked if Mr. Kovensky could return at a future date to fully explain the document and answer questions after the members had an opportunity to review the information. Mr. Kovensky agreed. 2 December 21,2011 B. Election of new Chairman and Vice Chairman The floor was opened for nominations for Chairman. Thomas Lykos nominated Lee Horn to serve as Chairman. Second by Terry Jerulle. Mr. Horn accepted the nomination and the floor was closed. The floor was opened for nomination for Vice Chairman. Chairman Horn nominated Richard Joslin to serve as Vice Chairman. Second by Terry Jerulle. Mr. Joslin accepted the nomination and the floor was closed. Motions were made to approve the election of Lee Horn as Chairman and Richard Joslin as Vice Chairman. The motions carried, 8— "Yes"/1— "Abstention." Mr. Horn and Mr. Joslin, respectively, abstained from voting. VI. NEW BUSINESS: (Note: In each of the cases heard under this Section, and Section VII, "Public Hearings,"the individuals who testified were sworn in by the Attorney for the Board.) A. Mark Militao—Application to Reinstate of License/Waiver of Examination Michael Ossorio provided background information: • Mr. Militao had a tile and marble license in Collier County but it was been null and void since 2008. • He took the tile and marble test in 2005 and the business test in 2004. • He is still active in Lee County. • He applied for a Waiver of Examination and to reinstate his license. Chairman Horn asked the Applicant for a status of his work experience for the past two years. Mark Militao stated he has worked continuously in Lee County and confirmed his previous debts had been discharged in Bankruptcy in November, 2010. Michael Ossorio stated the County had no issues with the application and recommended reinstatement. Kyle Lantz moved to approve Mr.Militao's application for reinstatement and waiver of examination. Second by Vice Chairman Joslin. Carried unanimously, 9—0. B. Orders of the Board Thomas Lykos moved to approve the signing of the Orders of the Board by the Chairman. Second by Jon Walker. Carried unanimously, 9—0. 3 December 21,2011 VII. OLD BUSINESS: A. Nelly Nava—Review of Credit Report Chairman Horn asked Ms. Nava for a status of her credit and work history. Ms.Nava replied she has been working and has made several payments but her Credit Report is not perfect. Chairman Horn noted progress was made only in regard to the smaller bills. He stated the progress on the larger debts was minimal and expressed concern not only for her financial well-being but also for her customers. Michael Ossorio stated: • He has had several discussion with Ms.Nava • Her credit issues centered around a family member • Her company has been open since January, 2011 and no complaints have been received concerning her work • Recommendation: extending the probation for six month o Ms.Nava will return at the end of the probationary period with an updated Business Credit Report Attorney Neale reminded the Board when business has been open for at least one year, only the Business Credit Report is applicable. —Riehurd White moved to approve continuing Ms.Nava's probation for a period of six months at which time she is to provide a current Business Credit Report to the Board Second by Vice Chairman Joslin. Discussion: • Mr. Lykos stated personal credit should not be ignored when she reports back to the Board in six months. If there has been no significant change in the balance,the business entity cannot be generating the income required to repay her debts. • Attorney Neale stated it would not be a problem to request both credit reports for review by the Board Richard White amended his motion: to approve continuing Ms.Nava's probation for a period of six months at which time she is to provide a current Business Credit Report and an updated personal credit report to the Board Second by Vice Chairman Joslin. Carried unanimously, 9—0. BREAK: 9:51 AM RECONVENED: 10:02 AM VIII. PUBLIC HEARINGS: B. Case 2011-11: Duane O. Thomas (d/b/a Duane Thomas Marine Construction, LLC.) 4 • December 21,2011 Chairman Horn outlined the manner in which the Public Hearing will be conducted: • Hearings will be conducted pursuant to the procedures contained in Collier County Ordinance#90-105, as amended, and Florida Statutes, Title XXXII, "Regulation of Professions and Occupations, " Chapter 489. • The Hearings are quasi-judicial in nature. • Formal "Rules of Evidence" shall not apply. • Fundamental fairness and due process shall be observed and govern the proceedings. • Irrelevant, immaterial, or cumulative evidence shall be excluded. • All other evidence of the type commonly relied upon by reasonably prudent persons 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 deemed sufficient by itself to support a Finding, unless such hearsay would be admissible over objection in a civil action in Court. • The"Rules of Privilege"shall be effective to the same extent that such Rules 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 Chairperson or, in his/her absence,the Vice Chair, 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 to set forth the charges and, in general terms, how the County intends to prove the charges. • The Respondent will present his/her Opening Statement setting forth, in general terms, defenses to the charges. • The County will present its Case in Chief by calling witnesses and presenting evidence. • The Respondent may cross-examine the witnesses. • After the County has closed its Case in Chief the Respondent may present his/her defense as described previously, i.e., 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. • After the Respondent has presented his/her case, the County will present a rebuttal to the Respondent's presentation. • When the Rebuttal is concluded, each party is permitted to present a Closing Statement. 5 December 21,2011 • The County is allowed a second opportunity to rebut the Respondent's Closing Statement. • The Board will close the Public Hearing and begin deliberations. • Prior to beginning deliberations, the Board's Attorney will give a"charge"to the Board, similar to the charge given to a jury, setting out the parameters on which the decision will be based. • During deliberations, the Board can request additional information and clarification from the parties. • The Board will decide two different issues: o Whether the Respondent is guilty of the offense as charged in the Administrative Complaint. A vote will be taken on the matter. o If the Respondent is found guilty,the Board must decide the sanctions to be imposed. • The Board's Attorney will advise the Board concerning the sanctions and the factors to be considered. • The Board will discuss the sanctions and vote. • After the matters are decided,the Chair/Vice Chair will read a Summary of the Order to be issued by the Board. The Summary is a basic outline of the Order and may not reflect the same language contained in the Final Order. • The Final Order will include complete details as required under State laws and procedures. Vice Chairman Joslin moved to approve entering Case No. 2011-11, Collier County License#24326, Board of County Commissioners vs. Duane O. Thomas, into evidence. Second by Kyle Lantz. Carried unanimously, 9—0. Chairman Horn stated the information packet was entered into evidence as County's Exhibit "A." Rob Ganguli,Licensing Compliance Officer,presented the County's Opening Statement: • Duane Thomas was the qualifier of Duane Thomas Marine Construction, LLC. • Mr. Thomas,the Respondent, was present at the Hearing. • Violation: Ordinance#2006-46, Section 4.1.18—Proceeding on a job without obtaining applicable permits or inspections from the City Building and Zoning Division or the County Building Review and Permitting Department. Duane Thomas admitted he was "guilty as charged but with an explanation." Rob Ganguli presented the County's Case in Chief. • August, 2011 —the Contractors' Licensing Office was notified that a new seal wall at 617 Sunset Drive, Goodland, Florida,may have been built without a building permit • There was no record of a permit being issued in the County's databases • The property owner, Ronald E. Kahoun,was contacted 6 December 21,2011 • Mr. Kahoun verified in April 2011,he hired Duane Thomas Marine Construction, LLC, to remove an old seawall and to construct a new seawall for approximately $10,000 which was paid in full • Mr. Kahoun was unable to provide a copy of the contract because the document was in his home in Goodland and he was out-of-state at the time of the conversation • The property owner provided a signed statement dated August 31, 2011 (see "E-7") • August 26, 2011 —Mr. Ganguli met with Mr. Thomas and advised him of the violation. o Mr. Thomas stated the permitting discrepancy was caused by a delay on the part of the Florida Department of Environmental Protection which was to review the application prior to obtaining a building permit • The DEP was contacted to obtain a status of the application • Mark Miller, DEP Manager,responded via email that no application had been received from Duane Thomas Marine Construction, LLC (see "E-9") • After a recent check, a Collier County permit has been issued Duane Thomas presented his Case in Chief • April, 2011 —He filed a Notice of Commencement • DEP permits are registered online and his application was rejected by the system and thought it was a computer glitch • He hired Terrell, Hall and Associates, Inc. and presented a copy of a letter stating his application for review had been submitted through the State's online e-permitting process but he had never received a response • DEP approval was obtained on December 5, 2011 and he applied for a permit through Collier County • The County's permit was issued and a Final Inspection was conducted on December 20, 2011 • The seawall was broken and was an environmental hazard which is why he proceeded with the construction of the new seawall even though he had not yet obtained a permit from Collier County Mr. Thomas noted he had two other blemishes (from Marco Island) on his record in addition to the current issue. } Chairman Horn moved to approve admitting the letter from Terrell,Hall& Associates, dated December 20,2011, as Defense Exhibit "A." Second by Patrick White. Carried unanimously, 9—0. In response to a question concerning the process, Mr. Thomas explained Collier County requires either a DEP Permit or a letter of exemption before applying for a permit from the County. He stated the application can be submitted online and the fee is $100. The existing seawall had failed. He filed a Notice of Commencement 7 December 21,2011 with the County stating he was constructing a replacement seawall. He stated he was not trying to hide anything. He had obtained an engineering review and the requirement documentation to obtain a permit. He did not understand why his application had not been reviewed and hired Terrell, Hall and Associates to pursue the matter with the State. Patrick White asked the Respondent for documentation that the seawall had been inspected and had passed. Mr. Thomas stated the permit was issued on December 20 and he retrieved it. He did not have documentation of the inspection. Chairman Horn asked the Respondent if he was required to submit anything further. Mr. Thomas confirmed he was required to submit an Engineer's letter before he would be issued a Certificate of Completion. The Chairman also asked if the Respondent had received a formal answer from the DEP concerning the delay and the response was"no." Patrick White asked if TTrrell,Hall received an explanation concerning the delay and the response was "no." The Respondent stated he paid Tyrrell, Hall &Associates approximately$750 for their assistance to settle the matter. Rob Ganguli stated he notified the DEP of the construction of the seawall prior to obtaining permission but there were no repercussions. Thomas Lykos asked the Respondent what was the urgency and why did he skip the permitting process to begin construction. Duane Thomas replied the seawall was down. The location was a mobile home park which did not have any other protection. It had failed. The homeowner called him on a daily basis. Mr. Thomas stated the owner would have lost his mobile home. He further stated the City of Marco Island had no jurisdiction. Chairman Horn stated if he considered the situation to be a"Health/Safety and Welfare"issue,he should have contacted the County for assistance and advice. The Respondent stated he had used the same process many times before and thought the exemption would be issued without a problem—"it was a no-brainer." Patrick White stated there appeared to be a glitch in the system due to a prior application submitted to the State in 2008 by another contractor for the same location. Vice Chairman Joslin concurred. Patrick White asked Rob Ganguli about the two prior incidents on Marco Island and any formal outcome or conclusion. Mr. Ganguli stated a"Cease and Desist"Order was issued in each instance. Michael Ossorio stated the Respondent could have contacted the County Building Official and an accommodation would have been made, i.e., an"At Risk"Permit, to allow him to begin work on the seawall while waiting for documentation from the DEP. Chairman Horn asked the Respondent if he remembered signing a"Cease and 8 December 21, 2011 Desist"in the two previous cases and the response was "no." Rob Ganguli asked the Respondent if he constructed a seawall at 617 Sunset Drive in Goodland without obtaining a permit. The Respondent replied "yes." There were no "Closing Statements" from either the County or the Respondent. Chairman Horn moved to approve closing the Public Hearing. Second by Thomas Lykos. Carried unanimously, 9—0. Attorney Neale outlined the Charge to the Board: • The Board shall ascertain in its deliberations that fundamental fairness and due process were accorded to the Respondent • Pursuant to Section 22-203(g)(5) of the Codified Ordinance,the formal Rules of Evidence set out in Florida Statutes shall not apply. • The Board shall consider solely the evidence presented at the Hearing in its deliberation of this matter. • The Board shall exclude from its deliberations irrelevant, immaterial and cumulative testimony. • The Board shall admit and consider all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs,whether or not the evidence so admitted would be admissible in a Court of Law or Equity. • Hearsay evidence may be used to explain or supplement any other evidence but hearsay by itself is not be sufficient to support a Finding, unless such hearsay would be admissible over objection in a civil action in Court. • The Standard of Proof in actions where a Respondent may lose his privileges to practice his profession is that the evidence presented by the Complainant must prove the Complainant's case in a clear and convincing manner. • The Burden of Proof on the Complainant is a larger burden than the "Preponderance of Evidence" Standard set in Civil cases. • The Standard of Evidence is to be weighed solely as to the charges set out in • the Complaint. • The only charges the Board may decide upon are the only ones to which the Respondent has had an opportunity to prepare a defense. • The damages awarded by the Board must be directly related to the charges. • The decision made by the Board shall be stated orally at the Hearing and is effective upon being read, unless the Board orders otherwise. • The Respondent, if found guilty, has certain appeal rights to the Contractors' Licensing Board, the Courts, and the State Construction Industry Licensing Board,pursuant to Florida Statutes and the Florida Administrative Code. • The Board shall vote upon the evidence presented in all areas and if the Respondent is found in violation, shall adopt the Administrative Complaint. • The Board shall also make Findings of Fact and Conclusions of Law in • support of the charges set out in the Complaint. 9 December 21,2011 Chairman Horn noted the Respondent admitted his guilt. Patrick White moved that a Finding of Violation consistent with the Staffs Administrative Complaint in Ordinance 2006-46, as amended, Section 4.1.18, has been determined based upon the evidence presented. Second by Kyle Lantz. Carried unanimously, 9—0. Attorney Neale stated Sanctions were set out in Section 22-203(b) (1) of the County's Ordinance, as follows: (1) Revocation of a Collier County Certificate of Competency; (2) Suspension of a Collier County Certificate of Competency; (3) Denial of the issuance or renewal of a Collier County Certificate of Competency; (4) Imposition of a period of probation of reasonable length,not to exceed two years, during which the Contractor's contracting activities shall be under the supervision of the Contractor's Licensing Board, and/or participating in a duly-accredited program of continuing education directly related to the Contractor's contracting activity. Any period of probation or continuing education program ordered by the CL Board may be revoked for cause by said Board at a Hearing noticed to consider said purpose. (5) Restitution; (6) A fine not to exceed five thousand dollars($5,000); (7) A public reprimand; (8) Re-examination requirement; (9) Denial of the issuance of Collier County(or City)Building permits or requiring the issuance of permits with specific conditions; (10) Reasonable legal and investigative costs for the prosecution of the violation. Attorney Neale continued in imposing the Sanctions,the Board shall consider the following: (1) The gravity of the violation; (2) The impact of the violation on public Health/Safety or Welfare; (3) Any actions taken by the Respondent to correct the violation; (4) Any previous violations committed by the Respondent, and (5) Any other evidence presented at the Hearing by the parties relevant as to the sanction which appropriate for the case given the nature of the violation. (6) The Board shall issue a recommended penalty to the State's Construction Industry Licensing Board. (7) The penalty recommended may include: a. No further action; b. A recommendation of suspension or revocation; c. Restriction; and/or d. A fine to be levied by the State Board. 10 December 21, 2011 Chairman Horn requested recommendations from the County. Michael Ossorio stated Staff recommended imposition of: • A fine of$500 for administrative costs, to be paid within 30 days; • A fine of$1,000 to be paid within 90 days. and • A six-month probationary period; He further stated it not necessary to notify the State since the Respondent was a locally-licensed marine contractor. Terry Jerulle disagreed with the County's recommendation, calling for stronger penalties. Vice Chairman Joslin stated if the situation had occurred only once it might be a different issue, but it happened twice. Another issue was the extended period of time between when the job was started and a permit was finally obtained. Thomas Lykos asked the Respondent how many projects he completed during a one- year period and the response was "150." He cited a recent experience and detailed that it was handled through phone calls to the County and by a personal inspection of the job site. He stated he consulted the Building Official who made decisions about the existing conditions on the job site and the permitting process moved forward. He continued the Respondent had two previous violations, regardless of how he tried to justify his actions. He stated the Respondent chose to work in marine construction and to complain about how difficult it was to deal with the DEP was irrelevant. He has to work within the regulations of his industry. Mr.Jerulle reiterated the point was the Respondent should not have started any work without first obtaining a permit or direction from the County. Jon Walker asked the Board Members what type of message did they want to send in the case and was the fine recommended by Staff appropriate. Patrick White agreed that a strong message should be sent. He pointed out there were no previous violations—a"Cease and Desist"Order was not a violation. Mr. Thomas argued that he tried to obtain a permit—made several attempts—and he was not a habitual offender. He stated he did not try to "beat"the system,he did file a Notice of Commencement, and to be made a"scapegoat" for the errors of other contractors was wrong. He admitted he failed by not contacting Collier County but he did pay over$700 to 'Terrell to fix the problem when he should have been able to obtain his exception from DEP online. He was not the problem. DEP's system failed. Terry Jerulle stated the Board agreed the Respondent started the process but he still failed by starting work without obtaining a permit. The Respondent started and finished the seawall and did nothing else until he was caught. Mr. Thomas said the record shows that a permit was applied for and to say he did not do it was not true. He stated the Board said it wanted to send a message and asked why he had to be the one. Mr. Lykos reminded the Respondent the message was being sent to him because he didn't take any action to clear up the DEP situation until after he was caught by the County. The Respondent stated he kept trying to resolve the situation but didn't have the technical capability and that is why he hired Terrell &Associates as a last effort to do 11 December 21,2011 what he should have been able to do online. Patrick White stated his opinion may not be in alignment with other members of the Board. He reviewed the points to be considered before imposing Sanctions. He further stated, in reverse order,the County did not prove there were prior violations and no documents of a"Cease and Desist" Order were provided. There has been conflicting testimony. He stated th Re ..ndent took as much corrective action as he possibly could before consulting rerreW. "Associates. As for the"impact,"the Respondent acknowledged and under-�Ftood—the learning of the lesson. As for the "gravity"of the violation, he correctl(vhat otherwise would have been a personal property loss that could have become a health/safety/welfare issue from the sand washing into an area where it should not be—thus,the reason for the seawall. He stated the $1,000 fine seemed excessive and he did not understand the point of probation since the Respondent conceded what he has learned—he admitted he should have called the County. He cautioned if the Respondent ever were to come back before the Board with the same violation,the penalty will be severe. A prolonged discussion ensued. The points covered were that the Respondent's work product was not at issue—there were no complaints about his workmanship. The issue was his inability to obtain a permit before starting work and the Respondent's fg,ilitAt..re€use-to follow the County's regulations. Michael Ossorio explained the different levels of probation. A motion made by Patrick White failed by a vote of 6 (opposed) to 3 (in favor). Vice Chairman Joslin moved to approve imposing the following Sanctions: • A fine of$2,500 to be paid within 90 days; • A one-year probation during which time the Respondent is to report all jobs to the Contractors'Licensing Supervisor; • A $500 fine for investigative costs to be paid within 30 days • No recommendation to the State • If a second violation occurs during the probationary period,the Respondent's license will be suspended. Second by Jon Walker. Terry Jerulle asked if requiring the Respondent to notify the Supervisor of each job would place an unnecessary burden on him. Michael Ossorio stated the Respondent can report his jobs by phone. It was suggested to amend the motion to state that the Supervisor will determine the terms of the job reporting. Vice Chairman Joslin accepted the suggestion and amended his motion accordingly. Second by Jon Walker. Motion carried, 7— "Yes"/2— "No."Kyle Lantz and Patrick White were opposed. 12 December 21,2011 Chairman Horn stated: • This cause came on before the Contractors' Licensing Board on December 21 for consideration of the Administrative Complaint filed against Duane O. Thomas, d/b/a Duane Thomas Marine Construction, LLC,the holder of record of Collier County Certificate Number 24326. • Service of the Complaint was made in accordance with Collier County Ordinance 90-105, as amended. • The Board, at this Hearing, having heard testimony under oath,received evidence and heard arguments respective to all appropriate matters,therefore issues its Findings of Facts and Conclusions of Law as follows. Findings of Fact: • Duane O. Thomas is the holder of record of Collier County Certificate Number 24326. • The Board of County Commissioners, Collier County, Florida, Contractors' Licensing Board is the Petitioner(Complainant) in this matter. • The Board has jurisdiction of the person of the Respondent. • The Respondent,Duane O. Thomas,was present at the Public Hearing held on December 21,2011. • The Respondent,John Dennis Below, was not represented by Counsel. • All notices required by Collier County Ordinance 90-105, as amended, have been properly issued and were personally delivered • The Respondent acted in a manner that is in violation of Collier County Ordinance and is the one who committed the act • The allegations set forth in Administrative Complaint as Count I,under Section 4.1.18, "Proceeding on any job without obtaining applicable permits or inspections from the City Building and Zoning Division, or the County Building Review and Permitting Department, "have been found to be supported by the evidence presented at the Hearing Conclusions of Law: • The Conclusions of Law alleged and set forth in the Administrative Complaint as Count I have been approved, adopted and incorporated herein, to wit: o The Respondent violated Section 4.1.18 of Collier County Ordinance 90-105, as amended, in the performance of his contracting business in Collier County by acting in violation of the Section set out in the Administrative Complaint with particularity. Orders of the Board: • Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489,Florida Statutes, and in Collier County Ordinance 90-105, as amended, by a vote of 9 in favor and zero in opposition, a majority vote of the Board members present,the Respondent has been found in violation as set out above. 13 December 21,2011 • Further, it is hereby ordered by a vote of 7 in favor and 2 in opposition, a majority vote of the Board members present, that the following disciplinary actions and related Order are hereby imposed upon the holder of Collier County Certificate of Competency Number 24326. • Sanctions: o Payment of administrative costs of$500 within thirty days, o Payment of a fine of$2,500 within ninety days, o Imposition of a one-year probationary period during which time the Respondent is to report all jobs to the Contractors' Licensing Supervisor who will determine the reporting terms. o During the probationary period, if there are any violations,the Respondent will be placed on suspension until the next Board meeting o No notification will be made to the State. BREAK: 11:40 AM RECONVENED: 11:50 AM VIII. PUBLIC HEARINGS: (Continued) A. Case 2011-10: John Dennis Below (d/b/a AllState Aluminum of SWFL, Inc.) Chairman Horn noted the Respondent was not present. Thomas Keegan, Licensing Compliance Officer, verified that Respondent had been properly served notice of the Hearing. Patrick White moved to open the Public Hearing. Second by Kyle Lantz. Carried unanimously, 9—0. Chairman Horn moved to approve entering Case No. 2011-10, Collier County License#33911,Board of County Commissioners vs. John Dennis Below, into evidence. Second by Patrick White. Carried unanimously, 9—0. Chairman Horn stated the information packet was entered into evidence as County's Exhibit "A." Michael Ossorio stated: • He contacted the Respondent on December 20 and advised him of the Hearing. • Mr. Below requested that Mr. Ossorio speak to the Board on his behalf and "do what you wish." Mr. Below was embarrassed and understood that he was in serious trouble. • Mr. Below was advised to hire an attorney but he stated he did not want to do so. 14 December 21,2011 • Mr. Below's license is considered to be "inactive"for insurance purposes • Mr. Below stated he will dissolve the corporation and sell his company's truck. He will work under the license of a General Contractor in the future. Mr. Ossorio recommended revoking Mr. Below's license. Chairman Horn read the following portion from page E-33 of the County's Exhibit: "Order of the Board" 1. Probation for a period of twelve(12) months whereby the Respondent will perform his contracting activities under the supervision of the Board. During which time, should the Respondent violate the Ordinance in any respect, his license will be immediately suspended and a hearing on the suspension and violations shall be held at the next regularly scheduled Board meeting." Thomas Keegan stated: • John Dennis Below is the qualifier of All State Aluminum of SWFL, LLC, • John Dennis Below is the holder of record of Collier County License Certificate Number 33911 • Mr. Below is charged with three counts of violating Section 4.1.18 of Collier County Ordinance 90-105, as amended,to wit: Proceeding on any job without obtaining applicable permits or inspection from the City Building and Zoning Division or the County Building and Review/Permitting Department. • Violations occurred at the following addresses: o 355 Cypress Way W.,Naples, FL o 331 22'd Street SE,Naples,FL o 7525 Garibaldi Court,Naples,FL • Mr. Below is also charged with one count of violating Section 4.1.2 of Collier County Ordinance 90-105, as amended,to wit: Contracting to do any work outside the scope of his/her competency as listed on his/her card, and defined in this Ordinance or as restricted by the Contractors'Licensing Board • The violation occurred at 7527 Garibaldi Court,Naples,FL Mr. Keegan read his Summary (Pages E7 and E8) into the record: • October 25, 2011: A complaint was received regarding erection of two screen cages without a permit and a site visit was conducted • October 27, 2011: Meeting at Contractors' Licensing Office with Michael Ossorio,the Respondent, and Investigator Keegan. 15 December 21,2011 • A Notice of Hearing was issued to the Respondent for two charges of commencing work without a building permit at 331 22nd St. SE and 335 Cypress Way W., and he was ordered to obtain all necessary after-the-fact permits. • November 8, 2011: A "Stop Work" Order was posted at 7527 Garibaldi Court and a copy of the contract was received • November 10, 2011: A new Notice of Hearing was sent for the two new charges of commencing work without a building permit and for working outside the scope of his license. The Notice was signed for on 11/23/11. • November 21, 2011: The owner at 7527 called the Contractors' Licensing Office to report a violation of the"Stop Work" Order—the job was finished by AllState Aluminum of SWFL, Inc. Mr. Keegan confirmed a permit had been issued for 331 22nd Street,but the permit application for Cypress Way was rejected due to conflicting information between the architect and the engineer. No permit was issued for the Garibaldi location. In response to a question from the Board, Michael Ossorio confirmed both the fine and the fee for investigative costs had been paid by the Respondent. Attorney Neale confirmed the Board can revoke the Respondent's license as well as impose fines. Patrick White moved to approve finding that a violation occurred, consistent with Staffs Administrative Complaint under Counts 1, 2, 3 and 4, Ordinance 90-105, as amended,Section 4.1.18 and Section 4.2.1, respectively. He also moved to approve closing the Hearing. Second by Kyle Lantz. The Motion to close the Hearing was carried, 9—0. The Motion to declare the Respondent guilty of the violations was carried, 9—0. Attorney Neale stated the Charge to the Board was the same as in the previous case with the same issues with the addition of the 4th Count. He noted the Board would impose any one or all of ten different Sanctions, as explained in the previous case. Michael Ossorio outlined the County's recommendations: • Count I: imposition of a$5,000 fine • Count II: imposition of a$5,000 fine • Count III: imposition of a$5,000 fine • Count IV: imposition of a$5,000 fine • Revocation of the Respondent's Certificate of Competency • Public Reprimand(via press release issued by the Contractors' Licensing Office) Mr. Ossorio contacted with Suncoast Pools and all of job sites have been protected, i.e., new permits were applied for and a new aluminum contractor was hired. 16 December 21,2011 Patrick White asked if any of the fines could be applied to make any homeowners whole. Attorney Neale explained the fines would be paid to the Board of County Commissioners and any disbursement would be under at its discretion. He stated the Contractors' Licensing Board could authorize that the Respondent make restitution. Michael Ossorio stated he was not aware if John Below contracted privately with homeowners or the extent of any potential damage. Jon Walker moved to accept and approve the County's recommendations regarding the imposition of Sanctions as follows: • Count I: imposition of a $5,000 fine, • Count II: imposition of a$5,000 fine, • Count III: imposition of a $5,000 fine, • Count IV: imposition of a $5,000 fine, • Revocation of the Respondent's Certificate of Competency, and • Public Reprimand(via press release issued by the Contractors'Licensing Office). Second by Patrick White. Carried unanimously, 9—0. Chairman Horn stated: • This cause came on before the Contractors' Licensing Board on December 21 for consideration of the Administrative Complaint filed against John Dennis Below is the holder of record of Collier County Certificate Number 33911 • Service of the Complaint was made in accordance with Collier County Ordinance 90-105, as amended. • The Board, at this Hearing,having heard testimony under oath,received evidence and heard arguments respective to all appropriate matters, therefore issues its Findings of Facts and Conclusions of Law as follows. Findinits of Fact: • John Dennis Below is the holder of record of Collier County Certificate Number 33911 • The Board of County Commissioners, Collier County, Florida, Contractors' Licensing Board is the Petitioner(Complainant)in this matter. • The Board has jurisdiction of the person of the Respondent. • The Respondent,John Dennis Below, was not present at the Public Hearing held on December 21, 2011. • The Respondent,John Dennis Below,was not represented by Counsel. • All notices required by Collier County Ordinance 90-105, as amended,have been properly issued and were personally delivered • The Respondent acted in a manner that is in violation of Collier County Ordinance and is the one who committed the act • The allegations set forth in Administrative Complaint as Counts I through III, under Section 4.1.18, "Proceeding on any job without obtaining applicable 17 December 21,2011 permits or inspections from the City Building and Zoning Division, or the County Building Review and Permitting Department, " and as Count IV under Section 4.2.1, "Contracting to do any work outside the scope of his/her competency as listed on his/her card, and defined in this Ordinance or as restricted by the Contractors'Licensing Board, "have been found to be supported by the evidence presented at the Hearing Conclusions of Law: • The Conclusions of Law alleged and set forth in the Administrative Complaint as Count I have been approved, adopted and incorporated herein,to wit: o The Respondent violated Section 4.1.18, and Section 4.2.1 of Collier County Ordinance 90-105, as amended, in the performance of his contracting business in Collier County by acting in violation of the Sections set out in the Administrative Complaint with particularity. Orders of the Board: • Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489,Florida Statutes, and in Collier County Ordinance 90-105, as amended,by a vote of 9 in favor and zero in opposition, a majority vote of the Board members present,the Respondent has been found in violation as set out above. • Further, it is hereby ordered by a vote of 9 in favor, a unanimous vote of the Board members present,that the following disciplinary actions and related Orders are hereby imposed upon the holder of Collier County Certificate of Competency Number 33911. • Sanctions imposed: o Section 4.1.18, Count I: imposition of a$5,000 fine, o Section 4.1.18, Count II: imposition of a$5,000 fine, o Section 4.1.18, Count III: imposition of a $5,000 fine, o Section 4.2.1, Count IV: imposition of a $5,000 fine, o Revocation of the Respondent's Certificate of Competency, and o Public Reprimand(via press release issued by the Contractors' Licensing Office). IX. REPORTS: A. City of Naples—Interlocal Agreement: Michael Ossorio and Patrick White were contacted by the City of Naples to revise the Interlocal Agreement to be effective for a period of five years. B. Richard Joslin has given fifteen year of service to the Contractors' Licensing Board and is the longest serving member of the Board C. Attorney Neale has been the Board's attorney since August 1995 but will no longer continue in that capacity. His service has been greatly appreciated. X. MEMBER COMMENTS: Thomas Lykos stated the Board should have input concerning the selection of a new Attorney in the future. 18 December 21,2011 Chairman Horn nominated Attorney Patrick Neale for the County's Outstanding Service Award for approval by the Board of County Commissioners and requested Staff pursue the matter. Michael Ossorio stated the award was specifically for members who served on an Advisory Board. XI. NEXT MEETING DATE: Wednesday,January 18,2012 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 Chairman at 12:45 PM. COLLIER COUNTY CONTRACTOR LICENSING BOA ' 1 Lee Ho -1, Chairm•'' • <;' 767V / The Minutes were approved by the Board/Chairman on ( , 201 r, "as submitted" ( 1 OR "as amended" [ 1. 4 19