CLB Minutes 03/21/2012RECEIVED
APR 18 2012 March 21, 2012
Board of Count Carr;r. ,;;cror^
MINUTES OF THE
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
MEETING
March 21, 2012
Naples, Florida
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 in Administrative Building "F," 3rd floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Excused: Thomas Lykos
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
James F. Morey, Esq., Attorney for the Contractors' Licensing Board
Steve Williams, Esq., Assistant County Attorney Misc. Corres:
Rob Ganguli, Licensing Compliance Officer
Ian Jackson, Licensing Compliance Officer Date: -1
Item #: z -�. 9
Co,
1
CHAIRMAN: Lee Horn
Fiala
Vice Chair: Richard Joslin
Hiller `-
Michael Boyd
Henning
Coyle ,/
Terry Jerulle
Co►etta - --
Kyle Lantz
Robert Meister
Jon Walker
Patrick White
Excused: Thomas Lykos
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
James F. Morey, Esq., Attorney for the Contractors' Licensing Board
Steve Williams, Esq., Assistant County Attorney Misc. Corres:
Rob Ganguli, Licensing Compliance Officer
Ian Jackson, Licensing Compliance Officer Date: -1
Item #: z -�. 9
Co,
1
March 21, 2012
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:
Chairman Lee 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. Six members were present.
II. ADDITIONS OR DELETIONS:
Chanjes:
• Agenda noted the date of Minutes was February 15 — correct date is February 16Th.
• Under Item VII, "Public Hearings" — Case #2012 -04, "Brandon M. Acosta," was
deleted. The case was settled.
III. APPROVAL OF AGENDA:
Kyle Lantz moved to approve the Agenda as amended. Second by Vice Chairman
Joslin. Carried unanimously, 6 — 0.
IV. APPROVAL OF MINUTES —February 16, 2012:
Corrections:
• Page 11, under Item VIII, "Public Hearings" —
o James F. Morey, Esq., Attorney for the Board, noted on Mr. Jerulle
stated he would abstain from voting during Case #2012 -02, Raymond V.
Trotta, due to a possible conflict of interest. He requested to include
Form 8 -13, entitled "Memorandum of Voting Conflict," in the Minutes
and to reference it as County's Exhibit "A."
• Page 11, 4th paragraph —
o Patrick "Walker" was changed to Patrick "White"
(Terry Jerulle and Michael Boyd arrived @ 9:07 AM.)
Terry Jerulle read the following "Disclosure of Local Officer's Interest" into the record:
"The measure which came before the Board involved possible discipline
and revocation of a Contractor's license. The Subject Contractor had in
the past provided services to my company as a sub - contractor. While there
are no current pending jobs for which the Contractor is providing services
to my company, given the past relationship, I thought it was prudent to abstain
from voting on the matter."
(Mr. Jerulle signed the document, which was marked as County's Exhibit "A,"
on March 21, 2012.)
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March 21, 2012
Patrick White moved to approve the Minutes of the February 16, 2012 meeting as
amended. Second by Kyle Lantz. Carried unanimously, 8 — 0.
V. DISCUSSION:
Michael Ossorio, Supervisor — Contractors' Licensing Office, noted the Respondent in
Case #2012 -03, under Item VIII, "Public Hearings, " was represented by Attorney Patrick
Neale. He suggested the Board consider hearing the case first.
Patrick White stated he filed a Form 8 -B in the case and asked the Board's Attorney if
his vote to change the item's place on the agenda would be considered as improper.
Attorney Morey stated the vote was simply administrative and had no bearing on the
merits of the case.
Vice Chairman Joslin moved to approve hearing Case #2012 -03 before the other
business noted on the Agenda. Second by Patrick White. Carried unanimously, 8 — 0.
VIII. PUBLIC HEARINGS:
(Note: In the case(s) heard under this Section and Section VI, "New Business,"
the individuals who testified were sworn in by the Attorney for the Board.)
A. Case #2012 -03: Linda Curiale, d/b /a Global Maintenance & Restoration, Inc.
Patrick H. Neale, Esq., of Patrick Neale & Associates, appeared on behalf of the
Respondent, Linda Curiale, who was also present.
Chairman Horn outlined the general process of the Public Hearing:
• The County will present an Opening Statement to set forth the charges and,
in general terms, how it 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/lier defense, 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.
March 21, 2012
• 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:
• Whether the Respondent was guilty of the offense(s) as charged in the
Administrative Complaint, and a vote will be taken on the matter.
• If the Respondent was 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.
Attorney Neale stated a "Request for Continuance" was filed in the matter which
could be held in abeyance pending the adoption of the Stipulation which his client
and the County entered into and signed. He further stated if the Board adopts the
Stipulation, the Request for a Continuance will be withdrawn. If the Board does not
adopt the Stipulation, the Request will remain.
Michael Ossorio stated the terms of the Stipulation were agreed to by the County
but if the Board does not adopt the Stipulation, a full Hearing will be held next
month.
He outlined the protocol:
• Ian Jackson will present the County's Opening Statement and the Respondent
will also present an Opening Statement.
• The Stipulation will be read into the record.
• The Board will vote to close the Public Hearing.
• The penalty phase will begin and the Board can accept the Stipulation.
Attorney Neale stated he created a new Stipulated Order form to simplify the
process for the Board.
(A copy of the document was distributed to the members and to the Attorneys for the
County and the Board.)
He stated the document incorporated both the Stipulation and the Agreed Order.
The Board would not be required to read the entire Findings of Fact and Conclusions
of Law into the record.
Patrick White stated he filed a Form 8 -13, "Memorandum of Voting Conflict," in
the matter and provided a copy for each Board member.
March 21, 2012
The "Disclosure of Local Officer's Interest" is as follows:
"Linda Curiale, d/b /a Global Maintenance & Restoration, Inc.,
(the Respondent) came before the Board for a Public Hearing. The
Respondent made a Request for a Continuance by written Motion
submitted prior to the Public Hearing. The Respondent is the General
Contractor on a project owned by a client of rnirte for whore I am
retained. Any possible discipline to the Respondent could result in a
special gain or loss to my client. Therefore, prior to any participation
in the discussion regarding the Continuance and/or Public Hearing,
I thought it appropriate to make this disclosure."
(Mr. White signed the document on March 20, 2012.)
Attorney Neale requested to enter the Request for Continuance into evidence.
Vice Chairman Joslin moved to approve entering Case No. 2012 -03, Board
of County Commissioners vs. Linda Curiale, Collier County License
#CGC1508927127333, d/b /a Global Maintenance & Restoration, Inc., into
evidence. Second by Chairman Horn.
Motion carried, 7— "Yes " /1— "Abstention." Mr. White abstained from voting.
• Chairman Horn entered the information packet into evidence,
marked as County's Exhibit `B."
Vice Chairman Joslin moved to approve entering Form 8 -B, "Memorandum
of Voting Conflict, " signed by Patrick White, into evidence. Second by Jon
Walker.
Motion carried, 7 — "Yes " /1— "Abstention. " Mr. White abstained from voting.
• Chairman Horn entered the document into evidence, marked as
County's Exhibit "C."
Kyle Lantz moved to approve entering Respondent's Request for Continuance
into evidence. Second by Vice Chairman Joslin.
Motion carried, 7— "Yes " /1— "Abstention." Mr. White abstained from voting.
• Chairman Horn entered the document into evidence, marked as
Respondent's Exhibit "1. "
Ian Jackson, Licensing Compliance Officer, presented the County's Opening
Statement:
• "The County is prepared to show through sworn testimony and
documented facts that Ms. Curiale violated Collier County
Ordinance #90 -105, as amended, Sections 22 -201.1 and 22 -202 by
willfully violating the Florida Building Code by performing construction
activity at 8787 Bay Colony Drive, exceeding the scope allowed by an
Early Work Authorization."
March 21, 2012
Attorney Patrick Neale presented the Respondent's Opening Statement:
• "We have facts in evidence to show that my client did not, in fact,
violate the provisions of the Code and we are prepared to put on an
adequate defense to show that she is not guilty of the violation."
Attorney Neale stated the Respondent and the County have agreed, with reference
to the Stipulated Settlement Agreement, to admit the allegations contained in the
Administrative Complaint.
He outlined the terms of the Agreement:
• The Respondent will be subject to probation for a period of twelve (12)
months and will be subject the supervision of the Board while conducting
her contracting activities.
• The Respondent will personally apply for all permits and be present, either
in person or telephonically, for any reviews or questions as to the contracting
operations of the company which she qualifies during the probationary
period.
o This includes permits issued by the Cities of Marco Island or
Naples and for Fire Code reviews.
• In the event the Respondent violates the above terms while on probation,
her license /certificate will be immediately suspended for any new permits
and a hearing on the suspension and violation will be held at the next
scheduled Board meeting.
• The Stipulation and Agreed Order will be forwarded to the State
Construction Industry Licensing Board with a recommendation of "no
further action."
Chairman Horn asked for the County's recommendation.
Michael Ossorio stated there are no objections to the Stipulation. The Building
Department's concern is that the qualifier understands that she is responsible
for pulling building permits and for being responsible on the job site. He
further stated the terms of the Stipulation were agreed to by the Respondent's
Attorney and himself as the Licensing Office Supervisor.
Kyle Lantz stated he was not aware of another instance when a State Contractor
was placed on probation by the Board.
Attorney Neale stated it is not permitted by a Code or statutorily but a Contractor
can voluntarily agree, and his client has agreed voluntarily in order to continue to
work.
Michael Ossorio confirmed the Code does allow cities and municipalities some
flexibility concerning restricting or modifying building permit pulling privileges.
He stated probation is a restriction. Her privileges will be restricted for twelve
months.
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March 21, 2012
Mr. Ossorio explained if the Respondent violated the terms of the Stipulation
during the probationary period, (1) her license will be suspended and she will
not be allowed to pull any new permits, and (2) a Public Hearing will be scheduled
before the Board. Her permit pulling privileges could be suspended or revoked.
Mr. Neale clarified, according to the terms of the Stipulation, his client could
continue to work on jobs where permits had been pulled but could not pull any
new permits.
Terry Jerulle asked about the status of the project that was the subject of the
violation.
Linda Curiale replied there were four permits and the project should be completed
in approximately 45 days. For the first permit, after the violation, she met with the
County to determine how the remainder of the job was to be permitted. It was
broken out into sections — three additional permits were obtained last week. She
clarified the current job is under permit.
Attorney Morey suggested verifying with the Respondent that she thoroughly read
the Stipulation, agreed to the terms, had the benefit and advice of Counsel and is
prepared/willing to freely enter into the Agreement.
Chairman Horn questioned the Respondent and she replied affirmatively that she
read and understood the Stipulation, had the advice of Counsel, and agreed to the
terms.
Vice Chairman Joslin asked if the Stipulation and her admission of guilt would
be entered into the Respondent's record with the County and the response was
"yes."
Terry Jerulle asked Ian Jackson if he had spoken with the owner of the building.
Mr. Jackson responded it was Condominium and the Association's representative
had been in contact with the County's Building Department.
Michael Ossorio stated he had spoken to one of the building managers and an
Association member. He confirmed there were no issues — the goal was to complete
the job.
Kyle Lantz moved to approve accepting the Stipulation. Second by Vice Chairman
Joslin.
Motion carried, "Yes "� "No " /1— "Abstention." Vice Chairman Joslin was
opposed and Patrick White abstained from voting.
The Stipulation was signed by the Chairman and the Respondent.
Chairman Horn stated:
• This cause came on for public hearing before the Contractors' Licensing
Board on March 21, 2012 for consideration of the Administrative Complaint
in Case #2012 -03 filed against Linda Curiale, d/b /a "Global Maintenance &
Restoration, Inc.," Collier County Certificate #CGC1508927/27333.
March 21, 2012
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,
issued its Findings of Facts, Conclusions of Law, and Order of the Board.
Attorney Neale noted the Stipulation incorporated the Findings of Fact and
Conclusions of Law. The Order was written to state that everything contained
in the Stipulation was adopted by the Board. He stated the purpose was to save
the Board from having to read the Findings of Fact and Conclusions of Law into
the record.
Attorney Morey concurred, stating the Order also adopted the penalty phase.
VI. NEW BUSINESS:
A. Brian Hemenway — Request for Waiver of Examination(s)
• Had moved out of state several years ago and allowed his license to lapse
• Returned to Florida and obtained a license in Lee County
• In process of obtaining a license in Cape Coral where he resides
• Requested to reinstate his license in Collier County without being required
to take an examination
• Specialty license: Cabinetry installation and millwork
Michael Ossorio noted to become a cabinet contractor, the Code requires an
applicant to take the Business Procedures test. He stated Mr. Hemenway took and
passed the exam in 2004. His license was cancelled ( "null and void) in 2009.
Recommendation: The County has no objection to waiving the testing requirements.
Mr. Ossorio confirmed no complaints have been made concerning Mr. Hemenway.
Kyle Lantz asked about his inability to pay his credit cards.
Brian Hemenway replied he filed for personal Bankruptcy.
Mr. Ossorio asked how long his company, "Level Line of Naples, Inc." had been
in business and the response was since he returned earlier this year.
He noted there was nothing in the Credit Report to indicate the applicant was
unable to pay his debt as a Contractor.
Brian Hemenway stated he obtained his Certificate of Competency in Lee County
and will appear before the Cape Coral Licensing Board on March 281'. He stated
he has been active in the industry for 27 years.
Vice Chairman Joslin moved to approve Brian Hemenway's request to waive
testing requirements. Second by Robert Meister. Carried unanimously 8 — 0.
March 21, 2012
B. Keith Sherwood — Request for Waiver of Examination(s)
• Lived in Collier County for 25 years and operated his painting business
( "Keith Sherwood Painting, Inc. ")
• Moved to Lee County in 2004 and obtained a license as a painting
contractor (2004 through 2008)
• April 2008 — obtained employment with Kurtz Homes of Naples
• September 2008 — changed status of license to "Inactive"
• Has been unemployed since March 2011
• Has the funds necessary to reopen his business
+ Requested to reinstate his Collier County license without being required
to take an examination
Michael Ossorio explained that while the status of the license can be changed to
inactive or dormant, it still must be renewed. Mr. Sherwood's license was cancelled
in 2005. He has petitioned the Board to waive taking the painting exam and the
Business Procedures test.
Keith Sherwood clarified he continued to work in Lee County after he moved
from Collier County.
Chairman Horn noted Mr. Sherwood took the Business & Law Exam and the
painting test in 1998. He asked Michael Ossorio if there have been any significant
changes in the painting exam.
Michael Ossorio responded there have not been any changes over the years.
Patrick White noted an address was specified in Mr. Sherwood's cover letter and
asked if the activities outlined were appropriate for the location, i.e., storing
equipment and maintaining an office.
Mr. Ossorio explained if the application is approved, Mr. Sherwood will apply
to obtain a Business Tax Receipt through the Zoning Department which will
determine if the zoning requirements are met.
Recommendation: The County has no objection to waiving the testing requirements.
Patrick White moved to approve Keith Sherwood's request to waive testing
requirements. Second by Vice Chairman Joslin.
Terry Jerulle asked if recent changes concerning lead paint were incorporated
into the exam.
Michael Ossorio stated he reviewed the exam and the requirements were the
same as it was in 1998.
Kyle Lantz noted Mr. Sherwood has been working in the field since 1998 either
for himself or as an employee of someone else.
Vice Chairman Joslin asked if the County required any Continuing Education
hours when a license is renewed.
Mr. Ossorio stated there were no requirements and noted Mr. Sherwood has been
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March 21, 2012
active in the field in Lee County as well.
It was noted lead paint is usually found in older homes, i.e., built prior to 1978.
Chairman Horn asked the applicant if he was familiar with the new lead paint
procedures.
Mr. Sherwood stated he has kept up his reading on the subject but has not had a
lead paint issue to date.
Kyle Lantz stated lead paint is not as common in the area.
Chairman Horn called for a vote. Motion carried, 7 — "Yes"/] — "No. " Terry
Jerulle was opposed.
C. Joseph Iafornaro — Credit Review /Question #3 on Application
• He applied for a carpentry license in 2007 but his application was denied
• He still has skills and wishes to obtain a license
Chairman Horn asked the applicant if he has been working for someone in the
trade from 2007 to the present and the response was affirmative. He asked the
applicant to summarize why his license was denied by the Board.
Joseph Iafornaro stated he had an agreement regarding a project but there was a
disagreement concerning the scope of work and it went to Court. He was convicted
of a misdemeanor.
Michael Ossorio provided background information:
• The applicant initially appeared before the Board on September 19, 2007 to
apply for a carpentry license
• The application was forwarded to the Board because (1) he had been found
guilty of working without a license and (2) his credit was sub - standard
• He continued to work as a handyman and for contractors
• Has satisfied the 2007 debt owed to the homeowner
• There are no issues with compliance but he may have credit issues
Mr. Iafornaro stated his bike was stolen approximately 4 months ago and he has
not been able to pay off the difference not covered by insurance.
Patrick White questioned a closed account for Harley- Davidson in 2005.
Mr. Iafornao replied he bought a Harley in 2005 and paid for it. He stated at the
time he purchased the bike, his credit was good.
Chairman Horn referenced Page 2 of the Credit Report and noted there was an
unpaid charge -off under the Harley- Davidson entry. He stated there were at least
two other accounts in collection and requested an explanation.
Joseph Iafornaro stated the down -turn in the economy has made it difficult for
him to pay his obligations. He stated if he is issued a license, he can become more
productive and pay off his debts.
Chairman Horn asked what type of work the applicant was doing presently and
the response was as a handyman doing various odd jobs.
Mr. Iafornaro stated he has been licensed as a handyman for several years.
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March 21, 2012
Vice Chairman Joslin asked the applicant why he had not found a permanent
job since 2005. It appears as if the applicant was not looking for a job.
Joseph Iafornaro stated he worked as a handyman. He stated he had a valid
LLC until recently and did have liability insurance until last year.
Chairman Horn noted one of the criteria for approving an application is how
much experience the applicant has had in the field and have been learning under a
licensed Contractor. He asked the applicant to explain where he obtained his
experience. Mr. Iafornaro outlined his carpentry experience:
• Worked for the former Vice Mayor of Naples at his home in North
Carolina;
• Worked for real estate brokers — both carpentry and handyman work —
under a homeowner permit;
• He stated he did not write down everything on the application.
Kyle Lantz stated to obtain a license from the State, an applicant must provide
proof of experience under a licensed contractor in the field, i.e., a plumber cannot
verify for a general contractor. The Affidavits submitted do not verify work in the
trade.
Michael Ossorio stated the requirement was the number of years of experience.
The application has not undergone a full review due to the credit issues which is
why it was submitted to the Board. Individuals from out -of -state are necessarily
not licensed so the Licensing Office does accept affidavits regarding experience
and work product from persons other than licensed contractors.
Joe Iafornaro stated before he moved to Naples, he lived and worked in Orlando
(since 1970). He is 47 and began working as a carpenter when he was 20 years
old.
He showed his portfolio to Mr. Ossorio. He built approximately 80 boat docks
during a period of 10 to 15 years while in Orlando which are still standing.
Years ago, structural engineering or architectural seals were not required. He
stated he made his own drawings which have been recorded in Orange County
for the structures that he built. He noted a license was not required in Orange
County to build boat docks. He further stated he has worked for licensed marine
contractors.
He continued he has worked for Joseph "Vee" who is a licensed General Contractor
and builds custom homes in the Port Royal area. He can provide a reference from
him.
Chairman Horn noted his concerns:
The credit history;
The applicant has not submitted proof that he has worked in the field for
a licensed contractor i.e., a carpenter, a G.C., or a homebuilder -- references
from someone in the industry who knows the trade and can evaluate the
applicant's work product.
Terry Jerulle concurred and stated he would not the applicant as a carpenter based
on the experience presented.
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March 21, 2012
Kyle Lantz stated the experience must be documented by licensed contractors.
Michael Ossorio stated the applicant has applied for a Carpentry License. He
took and passed the Business Procedures test and Carpentry Exam. Code requires
at least 36 months experience to take the exam.
He continued if the Board determines the applicant's experience is not sufficient,
the applicant can be restricted to performing certain types of work, i.e., granting a
cabinet license which will limit him to installing baseboards, trims, and millwork.
Vice Chairman Joslin asked the applicant what he intended to do if the Board
approved his application for a Carpentry License.
Joseph Iafornaro stated he would legally be able to subcontract for local licensed
contractors and would do any kind of carpentry work.
Mr. Joslin stated while he has a number of reservations, he is willing to give the
applicant "a break" and let him work as long as he is restricted to certain types of
work.
Chairman Horn asked if the applicant had a "handyman agreement" with the
County in the past.
Michael Ossorio stated there is an exemption for handyman activity. The Tax
Collector issues a maintenance license (Business Tax Receipt). There have been
no complaints made against him.
Vice Chairman Joslin moved to approve allowing the applicant to submit a full
applicandinformation packet to the Licensing Office obtain a Carpentry License.
Second by Patrick White.
Mr. Ossorio stated he will review the applicant's portfolio and full application to
ensure that the criteria has been met before issuing a Certificate of Competency to
him.
Patrick White stated due diligence has been done and if there are problems in the
future, the Board will see him again.
Mr. Ossorio explained the Code allows him to restrict the applicant's license if
he does not provide sufficient proof of experience — he can be restricted to working
on single - family homes, or cabinetry, or counter tops, etc.
Vice Chairman Joslin amended his motion to allow Licensing Supervisor Ossorio
to determine which portion of the Cabinetry License the applicant is qualified to
obtain. Second by Patrick White.
Kyle Lantz objected and stated the applicant has not "paid his duds" and does not
have the required experience in the trade.
Vice Chairman Joslin stated the applicant must submit a full application packet to
the County. The Board must decide whether to let him go or allow him to take the
next step. If he cannot provide proof, he will be back before the Board.
Patrick White noted there has not been enough documentation submitted for a
full Carpentry License and Michael Ossorio can restrict him. The Board was
asked to review Question 3 on Page 3. The Board has done that. The applicant
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March 21, 2012
can submit a full application to the Contractors' Licensing Office. If Mr. Ossorio
determines the applicant has not submitted sufficient proof, he can restrict his
license on behalf of the County. The Board has not been asked to grant a Carpentry
License to the applicant.
Jon Walker agreed and noted the applicant has taken some steps toward obtaining
his license.
Chairman agreed with Patrick White. He stated the Board was asked to review
the Credit Report and has done so.
Chairman Horn called for a vote. Motion carried, 6 — "Yes "12 —No." Mr. Lantz
and Mr. Jerulle were opposed.
Chairman Horn suggested to the applicant that he bring as much documentation
with him as possible when he submitted his full application.
VII. OLD BUSINESS:
B. Orders of the Board
Patrick White moved to approve authorizing the Chairman to sign the Orders
of the Board. Second by Kyle Lantz. Carried unanimously, 8 — 0.
IX. REPORTS:
• Patrick White noted the 2012 Florida Building Code became effective on
March 15th. There were significant changes to the 2010 version.
X. MEMBER COMMENTS:
• Kyle Lantz stated there have been a number of requests to waive taking an
examination. The problem is not because an applicant doesn't know his trade —
it is because he doesn't know how to run a business. People wash out of a trade
for a reason. He suggested the Board should consider making applicants take
the Business Procedures test before granting a license.
Michael Ossorio stated the majority of requests are not seen by the Board
because during the pre -app meeting, the applicant was encouraged to take the
exam.
Vice Chairman Joslin agreed stating the Business & Law exam has changed.
He further stated because an individual has passed an exam does not guarantee
he will be successful in business. He stated he thought the Board has made good
decisions.
Patrick White stated he agreed with Mr. Lantz. He stated applicants must be
allowed an opportunity to appear and state their case and the reasons why a license
was not renewed at the time.
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XI.
NEXT MEETING DATE: Wednesday, April 18, 2012
Board of County Commissioners' Chambers, Administrative Building "F,"
3rd Floor (Government Complex), 3301 E. Tamiami Trail, Naples, FL 34112
March 21, 2012
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chairman at 10:27 AM.
COLLIER COUNTY CONTRACTOR
LICENSING BOARD
Lee Horn, Chairman j
The Minutes were approved by the Board/Ch irman on
- "as submitted" [_J OR "as amended" V.
14
?w L I
209,
eie}?4 dU9
30, 12-
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD `t1
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner
Case Number: 2012-03
v.
License Number:
LINDA CURIALE CGC1508927/27333
D/B/A Global Maintenance &Restoration, Inc.
Respondent
STIPULATED SETTLEMENT AGREEMENT AND AGREED ORDER
LINDA CURIALE and BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD (hereafter BOARD) hereby
stipulate and agree:
1. Respondent admits the allegations in Administrative Complaint for the purposes of
this stipulation and settlement of this matter.
2. Respondent and the BOARD hereby agree that she will be subject to probation for a
period of twelve (12)months whereby the Respondent will perform her contracting activities
under the supervision of the Board.
3. Respondent and the BOARD further agree that Respondent will personally apply for
all permits and be present, either in person or telephonically for any reviews or questions as to
the contracting operations of the company which she qualifies during the probationary period.
This includes permits issued by the Cities of Marco Island or Naples and for fire code reviews.
OLA 916,011/
-fey'
4. In the event the Respondent violates paragraph 3 of this stipulation agreement while
on probation, her license/certificate will be immediately suspended for any new permits and a
hearing on the suspension and violation shall be held at the next scheduled Board hearing.
5. This stipulation and order shall be forwarded to the State Construction Industry
Licensing Board with a recommendation of no further action.
Executed this day of March, 2012.
tibia ,4(r,
Linea uriale is •ssorio
Respondent Contractors' Licensing Supervisor
ORDER ADOPTING STIPULATED SETTLEMENT AGREEMENT
THE BOARD BEING FULLY ADVISED on the Stipulated Settlement Agreement, it is
hereby:
ADJUDGED that the foregoing Stipulated Settlement Agreement is adopted in its
entirety, and the parties are ordered to comply therewith.
DONE AND ORDERED at the re larly set Contr tors' ensing Board hearing at
Naples, Collier County, Florida on this 2i day of /1 'C , 2012.
Lee Horn
Chairman
Contractors' Licensing Board
C.1064
,(
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
White, Patrick Collier County Contractor's Licensing Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
4732 West Blvd WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY D COUNTY DOTHER LOCAL AGENCY
Naples,Florida 34103 Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 21,2012 ❑ ELECTIVE I] APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a"relative"includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
4 # # # R 4 4 4 4 k # t # k # #
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
C� I
m�
p
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Patrick White hereby disclose that on March 21 20 12
(a)A measure came or will come before my agency which(check one)
0 inured to my special private gain or loss; •
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of a client of mine ,by
whom I am retained;or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Linda Curiale d/bla Global Maintenance & Restoration, Inc. ("Respondent") came before the
Board for public hearing. The Respondent made a request for a continuance by written Motion
submitted prior to the public hearing. The Respondent is the general contractor on a project
owned by a client of mine for whom I am retained. Any possible discipline to the Respondent
could result in a special gain or loss to my client. Therefore, prior to any participation in the
discussion regarding the continuance and/or the public hearing I thought it appropriate to make
this disclosure.
,$)
ic,\.9Si nature Fife � A,..„
Date g
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
PAGE 2
CE FORM BB-EFF.1/2000
eitaci.„
i;`, 1t2:cetit`e°
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
White,Patrick Collier County Contractor's Licensing Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
4732 West Blvd WHICH I SERVE IS A UNIT OF:
COUNTY CITY I4 COUNTY DOTHER LOCAL AGENCY
CITY NAME OF POLITICAL SUBDIVISION:
Naples,Florida 34103 Collier Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 21,2012 ❑ ELECTIVE ❑i APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
•
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
4 * t # * t * t * # 4 * • * * k
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
h * L * * Y * k 4 k * t * # # *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
eitivt
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
0
C UNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Jerulle Terrance P Collier County Contractors Licensing Board
. . ..
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
119 Tarry Pines Point %Niece I SERVE IS A UNIT OF:
CITY COUNTY — Serer
_ IV COUNTY 111 T HER LOCAL AGENCY
Naples 34113 Collier NAME OF POUTICAL SUBDIVISION:
Coiner County
DATE ON WHICH VOTE OCCURRED ' MY POSITION IS
February 16,2012 0 siecrNe r)APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council,
commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
I
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163,357, ES.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law,a"relative" includes only the officers father, mother,son,daughter, husband,wife, brother, sister,father-in-law,
mother-in-law,son-in-law, and daughter-in-law.A'business associate"means any person or entity eng:!ed in or carrying on a business 1
enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation . .
are not listed on any national or regional stock exchange).
• . . . . • . . . . . ,. . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you
are abstaining from voting;and I
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
. . . . . . „ . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form In the minutes. <Continued on other side)
o....... ,
U' V
APPOINTED OFFICERS (continued)
• A copy of the form must be provided Immediately to the other members of the agency,
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes,A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Terrance P.Jerulle ,hereby disclose that on February 16 20 12 :
(a)A measure came or will come before my agency which{check one)
El inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of ,by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my confiding interest in the measure is as follows:
The measure which came before the Board involved possible discipline and revocation of a
contractor's license. The subject contractor had in the past provided services to my company as
a sub contractor. While there are no current pending jobs which the contractor is providing
services to my company, given the past relationship I thought it was prudent to abstain from
voting on the matter.
Date Filed Big nature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 89-EFF.1/2000 PAGE 2
ekit
Pi/ki %1C4/
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD f
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner
v. Case Number: 2012-03
LINDA CURIALE License Number:
CGC1508927/27333
D/B/A Global Maintenance &Restoration, Inc.
Respondent
/
REQUEST FOR CONTINUANCE
COMES NOW, the Respondent, LINDA CURIALE, and requests that the Board grant a
continuance of the hearing on the above captioned case scheduled for March 21, 2012 and as
grounds, therefore states as follows:
1. Undersigned counsel was retained to represent the Respondent on March 12, 2012.
2. The case as put forth by the Petitioner is complex and fact intensive in nature and will
require significant time to permit the Respondent to prepare a defense.
3. Quasi-judicial hearings such as those held by this Board are to be held in such a manner
that"(5)Formal rules of evidence shall not apply, but fundamental fairness and due process shall
be observed and shall govern the proceedings." Collier County Contractors'Licensing
Ordinance 90-105, as amended, §22-202(g)(5).
4. In determining the right to due process in administrative proceedings in Florida , "no
single unchanging test which may be applied to determine whether the requirements of
procedural due process have been met. Courts instead consider the facts of the particular case to
\Uit) vit\?4.1
tt‘ l■P‘j
determine whether the parties have been accorded that which the state and federal constitutions
demand. Hadley, 411 So.2d at 187; see also, Cleveland Bd. of Educ. v. Loudermill, 470 U.S.
532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) (citing Boddie v. Connecticut, 401 U.S. 371, 91
S.Ct. 780, 28 L.Ed.2d 113 (1971)("[t]he formality and procedural requisites for the hearing can
vary, depending upon the importance of the interests involved and the nature of the subsequent
proceedings."
5. Fundamental fairness and due process in quasi-judicial hearings effecting one's
employment requires that a party be able to properly prepare its case so that it can truly exercise
its constitutionally protected due process rights. This right was recognized in employment cases
by the US Supreme Court in Greene v. McElroy, 360 U.S. 474, 79 S.Ct. 1400, 3 L.Ed.2d 1377
(1959) and followed by Florida courts in numerous decisions.
6. Due process requires at minimum the accused be informed with reasonable certainty of
the nature and cause of the accusation against him, has reasonable opportunity to defend against
attempted proof of such charges, including the ability to confront and cross examine witnesses,
and the proceedings are conducted in a fair and impartial manner, free from any just suspicion of
prejudice, unfairness, fraud, or oppression. One week's formal notice of the charges in a case
such as this does not afford the accused any reasonable chance to prepare to defend against
charges that may cause her to lose her right to practice her trade/professions.
7. This Request for Continuance is brought out of necessity and not brought for the
purposes of delay and no prejudice can result to either party by a reasonable continuance.
WHEREFORE, the Respondent, Linda Curiale, requests that this Board continue the
hearing on this case scheduled for March 21, 2012.
Submitted this day of March, 2012.
\q/ ( CYS
Js/Patrick H. Neale
Patrick H. Neale
Florida Bar Number: 258253
Patrick Neale &Associates
Physical Address
5470 Bryson Court
Naples, Florida 34109
Mailing Address
P.O. Box 9440
Naples, Florida 34101
Phone: (239) 642-1485
Fax: (239) 642-1487
Email: pneale(r?'patrickneale.com
CERTIFICATE OF SERVICE
I certify that a copy of this Request for Continuance has been furnished by US mail and
email to Michael Ossorio, Contractor Licensing Supervisor, Stephen Williams, Assistant County
Attorney and James F. Morey, Esq., Bond Schoeneck and King, Attorney for the Board.
Dated: March_15_, 2012.
Js/Patrick H. Neale
Patrick H. Neale
Florida Bar Number: 258253
Patrick Neale &Associates
Physical Address
5470 Bryson Court
Naples, Florida 34109
Mailing Address
P.O. Box 9440
Naples, Florida 34101
Phone: (239) 642-1485
Fax: (239) 642-1487
Email: pneale0i)patrickneale.com