CLB Minutes 05/16/2012 May 16,2012
MINUTES OF THE
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
MEETING 303T�3
May 16, 2012 JUN 2 5 2012 L
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 Administrative Building "F," 3rd Floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
01';'
CHAIRMAN: Lee Horn
Vice Chair: Richard Joslin
Michael Boyd
Terry Jerulle
Kyle Lantz
Thomas Lykos
Robert Meister
Jon Walker
Excused: Patrick White
Fiala
Hiller 7,r
Henning
Coyle ✓'
Colette c.-
ALSO PRESENT:
Michael Ossorio — Supervisor, Contractors' Licensing Office
James F. Morey, Esq. —Attorney for the Contractors' Licensing Board
Steve Williams, Esq. —Assistant County Attorney
Rob Ganguli —Licensing Compliance Officer Mme'
Date: 9111112
Item#: I Lo Z 2►�3
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Copies to:
May 16,2012
NOTE: 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 9:01 AM and read the procedures
to be followed to appeal a decision.
Roll call was taken and a quorum was established. Eight members were present.
II. ADDITIONS OR DELETIONS:
Change:
• Under Item VI- (A), "New Business"—Chester A. Hayes, Contesting Citations,
has been continued to a future date.
III. APPROVAL OF AGENDA:
Vice Chairman Joslin moved to approve the Agenda as amended. Second by Kyle
Lantz. Carried unanimously, 8—0.
IV. APPROVAL OF MINUTES—April 18,2012:
Thomas Lykos moved to approve the Minutes of the April 18, 2012 meeting as presented.
Second by Vice Chairman Joslin. Carried unanimously, 5—0.
(Note: Michael Boyd,Robert Meister, and Jon Walker could not vote to approve the
Minutes because they did not attend the April 18th meeting.)
V. DISCUSSION:
None.
VI. NEW BUSINESS:
(Note: In the following case and the case heard under Section VIII, "Public Hearings,"
the individuals who testified were sworn in by the Attorney for the Board.)
A. Chester A. Hayes—Contesting Citations #6981,#6982, and#6983—has been
continued per amended Agenda.
B. Valerie T. Quattlebaum—Qualify a Second Entity
Michael Ossorio noted there were two information packets.
• Ms. Quattlebaum currently qualifies one company, "Tile-It Industries, Inc.,"
under two licenses:
o tile and marble and floor covering
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May 16,2012
• She has been the qualifier for Tile-It Industries, Inc. since 2008 and works as
a job supervisor
• She has applied to qualify Manasota Flooring, Inc. for both tile and marble,
and floor covering licenses.
Valerie Quattlebaum stated:
• She applied to qualify Manasota Flooring, Inc. because it is the vendor for a
builder who is expanding his business into Collier County
• She has worked for Manasota since 1986 in sales and job management
• The companies are separate and work for different builders.
Michael Ossorio explained Floor Covering Contractors must take/pass the Business
Procedures exam;the nature of the business is the installation of carpet and/or vinyl
flooring.
He continued a Tile and Marble Contractor will also perform stone work. A Tile
Contractor cannot install carpeting unless he has a Floor Covering license.
Thomas Lykos outlined other methods to accomplish the same goal. He expressed
concern for two companies being licensed for the same type of work in the same
area, i.e., Collier County, and the potential pitfalls.
Ms. Quattlebaum stated Tile-It Industries, Inc. has its own builder division and has
been working for at least two builders in Collier County. She continued Manasota
Flooring also has a builder division and works for a builder who is expanding his
business into Collier County. Manasota Flooring has been in business for 40+years.
The builders for each company are separate and don't"cross lines."
Mr.Lykos stated she, as the qualifier for both companies,is the legal"tie"between
the companies. Even though the entities are separate and each has a separate client
base, one individual has some influence over both companies.
Ms. Quattlebaum stated she does not solicit work—the builders are established in
Collier County and either Tile-It or Manasota Flooring will work for a particular
builder, but not both for the same builder.
Michael Ossorio stated the County has no objection to approving a tile and marble
license and a floor covering license for Manasota Flooring. It is allowed by law.
Kyle Lantz moved to approve the application to permit Ms. Valerie Quattlebaum
to be the qualifier for Manasota Flooring,Inc. for both licenses. Second by Jon
Walker. Carried unanimously, 8—0.
VII. OLD BUSINESS:
A. Orders of the Board
Vice Chairman Joslin moved to approve authorizing the Chairman to sign the
Orders of the Board. Second by Thomas Lykos. Carried unanimously, 8—0.
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May 16,2012
VIII. PUBLIC HEARINGS:
A. Case#2012-07: Robert E.Elwell,
d/b/a Service Star Cooling& Heating,LLC
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/her
defense, i.e.,to call and examine witnesses, introduce Exhibits,
cross-examine witnesses to impeach any witness regardless of which party
called the witness to testify, and 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.
• 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 was guilty of the offense(s)charged in the
Administrative Complaint,and a vote will be taken on the matter.
o 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.
Vice chairman Joslin moved to approve entering the packet for Case No. 2012-07,
Board of County Commissioners vs. Robert E. Elwell, d/b/a "Service Star Cooling&
Heating,Inc.,"License#CAC 058252/C.C. #36992, into evidence. Second by Kyle
Lantz. Carried unanimously, 8—0.
• Chairman Horn entered the information packet into evidence, marked as
County's Exhibit "A."
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May 16,2012
Rob Ganguli, Licensing Compliance Officer,presented the County's Opening
Statement:
• Mr. Elwell is the qualifier of State license CAC#058252 for"Classic Air-
Conditioning, d/b/a Service Star Cooling&Hearing,Inc."
• He is the holder of Collier County Certificate of Competency#36992
• Mr. Elwell has been charged with violating Collier County Ordinance#90-
• 105, as amended, Section 22-201.1(2),to wit: "Willfully violating applicable
Building Codes or Laws of the State, City, or Collier County. "
Chairman Horn asked Mr. Elwell if he wished to present an Opening Statement.
Robert Elwell stated there was a Stipulated Agreement.
Michael Ossorio noted Mr. Elwell has signed a Stipulated Settlement Agreement
which he requested to enter into evidence as County's Exhibit`B."
(Copies of the document were provided to the Board members.)
Kyle Lantz moved to approve entering the Stipulated Settlement Agreement into
evidence as County's Exhibit `B." Second by Vice Chairman Richard Joslin.
Carried unanimously, 8—0.
Chairman Horn read the terms and conditions of the Stipulated Settlement
Agreement into the record as follows:
"BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY,FLORIDA,
CONTRACTORS' LICENSING BOARD, Case#2012-07
Petitioner, License No.:
CAC 058252 and
vs. CC#36992
Robert E. Elwell,
d/b/a"Service Star Cooling& Heating,Inc.,
Respondent.
Stipulated Settlement Agreement and Agreed Order
Robert E. Elwell and the Board of County Commissioners, Collier County,Florida,
Contractor's Licensing Board(hereafter"the Board"),hereby stipulate and agree:
1) Respondent admits the allegations in the Administrative Complaint for the purpose
of this Stipulation and settlement of this matter.
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May 16,2012
2) Respondent and the Board hereby agree that he will be subject to restriction for
a period of twenty-four(24)months whereby the Respondent will perform his
permitting 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 review
or questions as to the contracting operations of the company which he qualifies
during this restriction period. This includes permits issued by the Cities of Marco
Island or Naples,inclusive of Fire Code Reviews.
4) In the event the Respondent violated Paragraph 3 of this Stipulated Settlement
Agreement while on restriction,his certificate/registration and permit acquisition
privileges will immediately be revoked. It will be the responsibility of the
Respondent to petition the Board for a hearing to have these privileges reinstated
if he chooses to do so. Findings of Fact in this matter shall be forwarded to the
State Construction Industry Licensing Board with a recommendation for"further
action"to be taken.
5) This Stipulated Settlement Agreement and Order shall be forwarded to the State
Construction Industry Licensing Board with a recommendation of"no further
action."
• If the Licensing Board rejects this Stipulated Settlement Agreement
and pursues further action,this Stipulated Settlement Agreement
shall be null and void.
• If the State Construction Industry Licensing Board rejects this Stipulated
Settlement Agreement and pursues further action,this Stipulated
Settlement Agreement shall be null and void.
Executed this day of May, 2012.
Isl Robert E. Elwell
Robert E. Elwell Michael Ossorio
Respondent Contractors' Licensing Supervisor
Order Adopting Stipulated Settlement Agreement
THIS 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 regularly-set Contractor's Licensing Board hearing at
Naples, Collier County,Florida,on this day of May, 2012.
Lee Horn,Chairman
Contractors' Licensing Board "
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May 16,2012
Chairman Horn asked the Respondent if he was familiar with the Stipulated
Settlement Agreement and, if approved by the Board, would he agree to follow the
terms of the Agreement.
Respondent replied, "Yes."
Attorney Morey asked Mr. Elwell to indicate if he entered into the Agreement of his
own free will and had an opportunity to review the document.
Respondent replied, "Yes."
Chairman Horn asked if anything had been promised to the Respondent in return for
his cooperation.
Respondent replied, "No."
Jon Walker asked the Respondent if he understood the period of probation was for
two years.
Respondent replied, "Yes."
Kyle Lantz questioned Paragraph 4 and 5—the language was confusing.
Chairman Horn clarified Paragraph 4 referred to action to be taken if the terms set
out in Paragraph 3 were violated. But Paragraph 5 was the action to be taken if there
were no violations, which was"no further action."
Michael Ossorio stated if the Board approved the Stipulated Settlement Agreement as
presented,he would write a letter to the State confirming that"no further action"was
to be taken.
He further stated if the terms of the Agreement were violated by the Respondent
within the next 24-months, he would write a letter to the State to advise that"further
action"was recommended.
Mr. Ossorio explained the qualifier(Respondent) understood he will be required to
personally appear to pull permits in the City of Naples,the City of Marco Island,and
in unincorporated Collier County for every job for the next 24-months.
Mr. Elwell stated he agreed.
Kyle Lantz asked how the situation occurred in his company.
Mr. Elwell stated the company has 50 employees and it became "out of hand"but
people were fired due to the situation.
Mr. Ossorio noted air-conditioning companies are allowed to either fax or email a
permit applications to the County,especially for emergency repairs. The Respondent
will be required to personally come to the Building Department to apply for each
permit,as needed, which will be a task for such a large company.
Rob Ganguli stated Mr. Elwell resides in Manatee County and it will be more difficult
for him to comply than a local contractor.
Mr. Lantz stated if Mr. Elwell is the qualifier for the company, he is responsible for
the company and should be responsible for the company—no matter what the size of
the company.
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May 16,2012
Chairman Horn asked about the controls the company might institute to ensure that
no accidents occur in the future.
Mr. Elwell replied the owner of the company was now involved in the day-to-day
operations of the company—he had been absent previously. Also an operations
manager was hired who is"on the ball."
Chairman Horn noted the Respondent's name and reputation as the qualifier was "on
the line"and the Respondent agreed.
Thomas Lykos requested an update on the jobs where permits were not pulled but
were required.
Mr. Elwell responded that all permits have been pulled, and as of the end of this week,
all jobs will be finished and closed.
Mr. Lykos asked about the water heater problem and was assured by the Respondent
that it had been rectified. He further asked Mr. Ossorio if the County was aware of the
status of the permits and closed jobs.
Michael Ossorio stated he had instructed Mr. Ganguli to communicate with the City
of Marco Island to follow-up. If the jobs are not inspected, it would be a material
Code Violation and the Respondent would be brought before the Board again.
Chairman Horn asked Mr. Ganguli for a progress report.
Rob Ganguli stated Mr. Elwell began making progress from the time he was first
notified of the situation.
Thomas Lykos stated he did not recognize the names initially and thought he should
recuse himself.
Attorney Morey stated even if Mr. Lykos had recused himself at the beginning of the
Hearing, he would still be allowed to participate in discussions. He asked Mr. Lykos
to briefly explain the nature of the issue.
Mr. Lykos clarified he had no direct financial connection with the Respondent's
company but the company has a history with one of his (Lykos')clients. While a
project was completed approximately two years ago,Mr. Lykos' company performs
regular maintenance for his client.
Attorney Morey concurred that Mr. Lykos could recuse himself from voting on the
issue.
Chairman Horn called for a re-vote on the following motions:
Vice Chairman Joslin moved to approve entering the packet for Case No. 2012-07,
Board of County Commissioners vs. Robert E. Elwell, d/b/a "Service Star Cooling&
Heating, Inc.,"License#CAC 058252/C.C. #36992, into evidence. Second by Kyle
Lantz. Motion carried, 7- "Yes"/1 "Abstention." Mr.Lykos abstained from
voting.
Jon Walker moved to approve entering the Stipulated Settlement Agreement into
evidence as County's Exhibit `B." Second by Terry Jerulle. Motion carried,
7-"Yes"/0- "Opposed"/1- "Abstention." Mr. Lykos abstained from voting.
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May 16,2012
Vice Chairman Joslin moved to accept the Stipulated Settlement Agreement and
to authorize the Chairman of the Contractors'Licensing Board to sign it. Second
by Jon Walker.
Discussion:
• Kyle Lantz noted a pattern had been established. There were 17 cases where
a permit fee was charged to a client but the permit was not pulled. He
suggested the recommendation to the State's Contractor's Licensing Board
should be changed to"further action."
• Michael Ossorio stated the City of Marco Island charged four times its normal
permit fee for each of the 17 permits that were pulled after-the-fact. The
company paid a hefty penalty.
• Mr. Elwell stated the company paid$8,000 in fees. He stated the
administrative problems have been rectified. It was unacceptable in anybody's
book. The permit fees have been pulled and paid. There was one building on
Marco Island for which the 17 permits were pulled.
• Kyle Lantz noted the company was a state-wide contractor and asked about
other incidents.
• Mr. Elwell stated outside of Collier County,there has only been one other
incident in Charlotte County which has been rectified. Quality Control will
be done on each job to ensure that everything has been done correctly.
• Chairman Horn stated the State's Board will review the paperwork but will
decide what action will be taken or not taken.
• Mr.Jerulle stated he would accept the County's recommendation but
cautioned the Respondent to not return before the Board again.
• Vice Chairman Joslin noted the 24-month probationary period convinced him
to accept the County's recommendation. If the Respondent makes one
mistake,he will be back before the Board.
• Michael Ossorio clarified the Respondent was charged and pled"guilty"to
willful Code violations. He admitted guilt and is in no position to make
another mistake.
Chairman Horn called for a vote.
Motion carried, 6— "Yes"/1— "Opposed"/1— "Abstention." Kyle Lantz was
opposed and Thomas Lykos abstained from voting.
IX. REPORTS:
(None)
X. MEMBER COMMENTS:
• Vice Chairman Joslin,a swimming pool contractor,noted that Florida Statutes
has been changed and no longer allows licensed A/C Contractors to install
swimming pool heat pumps.
• He stated pool contractors can service a heat pump that has been installed but most
pool contractors are not a/c licensed to test or charge Freon.
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May 16,2012
• Michael Ossorio noted Chapter 49 has been changed significantly, especially in
the area of sub-contracting and responsibilities for both builders and contractors.
He advised all contractors to carefully read the revised Chapter. He stated changes
typically become effective on July 1St
• Vice Chairman Joslin will provide a copy to Mr. Ossorio for distribution to the
Board members.
XI. NEXT MEETING DATE: Wednesday,June 20, 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 9:55 AM.
COLLIER COUNTY CONTRACTORS
LICENSING BO • '
Lee Horn, Chairman
The Minutes were pproved by the Board/Chairman on / (6tee40,)P , 2012,
"as submitted"KJ OR "as amended" 1 1.
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