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CLB Minutes 11/17/2010 R 6331V 7035 Fiala v R Hiller ` U 8 JAN 1 8 2011 Henning November 17, 2010 Coyle BY: Colette .,_ '' MINUTES OF THE MEETING OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD Naples, Florida, November 17, 2010 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: Thomas Lykos Vice Chair: Kyle Lantz Michael Boyd Lee Horn Terry Jerulle Richard Joslin Robert Meister Jon Walker Patrick White ALSO PRESENT: Patrick Neale, Esq., Attorney for the Board Robert Zachary, Esq., Assistant County Attorney Michael Ossorio, Contractors' Licensing Supervisor Ian Jackson, Licensing Compliance Officer Misc.Cares: Date: °3 l Item* 1 Copies'o: 1611 B8 November 17, 2010 Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I. ROLL CALL: Chairman Lykos 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. II. ADDITIONS OR DELETIONS: Changes: • Item VI, "New Business"—(F) Orders to Pay Civil Citations was added • Item VII, "Old Business"—(A) Election of ChairNice Chair was added Mr. Jerulle moved to approve the changes to the Agenda. Second by Mr. Joslin. Carried unanimously, 8-0. Ian Jackson,Licensing Compliance Officer,noted the information packets for Case E—Marlene Santonastaso were delivered and will be distributed to the Board. III. APPROVAL OF AGENDA: Richard Joslin moved to approve the Agenda as amended. Second by Terry Jerulle. Carried unanimously, 8-0. IV. APPROVAL OF MINUTES—October 20,2010: Vice Chairman Lantz moved to approve the Minutes of the October 20, 2010 meeting as submitted. Second by Richard Joslin. Carried unanimously, 8-0. (Jon Walker arrived at 9:05 AM) V. DISCUSSION: Michael Ossorio, Contractors' Licensing Supervisor,noted there was a discussion pertaining to review of the"Jim Walters Act"during the October 20th meeting. The Ordinance states the Contractor Licensing Supervisor will review the Complaint and the County Attorney will prosecutor the Complaint. If there is a violation of the"Jim Walters Act," a Board member(either the Chairman or Mr. Joslin)will meet with the County Attorney to review the issue. Chairman Lykos asked if each case was to be evaluated on an individual basis. Mr. Ossorio concurred and stated if a Stop-Work Order is issued in the field, either a Board Member or the Board Chairman will meet with the County Attorney to review 2 1611 B8 November 17, 2010 the investigative report and supporting evidence. The Board Representative who meets with the County Attorney is required to recuse himself from participating in deliberations during the full Board meeting when the case is heard. Discussion ensued. One member stated he thought the Board Representative was to meet with the County Attorney's Office to review the "Jim Walters Act" in depth and then serve as the Board's subject matter expert. A Stop-Work Order may not be issued immediately because the Licensing Compliance Officer and the Contractor Licensing Supervisor will review the Ordinance and consult with the State prior to issuing the Order and this process may take two or three days from the time the violation was observed. Mr. Ossorio noted there has been only one"Jim Walters"case in fifteen years. Another member noted there are proscribed rules to be followed by the Contractor Licensing Supervisor to determine if there was a violation and questioned why it was necessary for a Board Representative to meet with the County Attorney to discuss the case. Attorney Neale suggested the County Attorney and Staff could review the case to determine if there was probable cause to bring the case forward to the Board. If the Board Representative did attend the meeting, he would not be permitted to participate in any way during the Board's hearing of the case and would become a member of the audience during that portion of the Hearing. He further suggested the Board adopt a policy to allow the County Attorney and Staff to review a case to determine if it met the criteria of the"Jim Walters Act"before involving the Board. Mr. Ossorio recommended asking the President of the CBIA ("Collier Building Industry Association") to participate in the"Jim Walters Act"meeting. A member asked if it would be possible to hold a Workshop for the entire Board. Attorney Neale stated because of the intense nature of the Act, it would be better to review cases on an individual basis. He stated to create a separate class of case for"Jim Walters" issues would be inappropriate. It was suggested that a copy of the pertinent legal citations (Jim Walters Act and State Ordinance) should be attached to the information packet sent to the Board for review prior to the Hearing. Mr. Ossorio agreed. Chairman Lykos noted during the October meeting, the Board agreed to review"Jim Walters Act"cases on an individual basis and the decision would stand. VI. NEW BUSINESS: (Note: In each of the cases heard under Sections VI and VII, as follows, the individuals to testify were sworn in.) 3 1611B8 November 17, 2010 (A) John S. Crawford—Contesting Citation(s) Citation: #5747 Issued: September 20, 2010 Description of Violation: "(t) Engage in the business or act in the capacity of a Contractor or advertise self or business organization as available to engage in the business or act in the capacity of a Contractor without being duly registered or certified. " John Crawford met with Ian Jackson concerning a project in the City of Naples. He stated he was not aware the Contractor was not licensed in Collier County to perform the work. He was cited for providing a proposal to do work based on an email which stated: "If your client wants to buy[the]sealer, I can have the driveway pavers cleaned and sealed for$400. " Mr. Crawford agreed his email was an act of subcontracting. He is an Aluminum Specialty Structure Contractor and noted he is permitted to subcontract pursuant to the Scope of his license. Richard Joslin stated Mr. Crawford could not subcontract unless the work was within the Scope he was licensed to do, and he had mis-interpreted the Ordinance. Mr. Crawford stated he did not think it was necessary to have a special license to pressure wash and seal pavers. He cited examples of pool contractors who advertise complete pool packages (including screened enclosures) and,most of the time, the pool contractors were not licensed aluminum contactors. He noted he operated a pressure washer only to clean the driveway pavers and seal them. Mr. Joslin gave an example: A pool contractor can build a complete pool (with a deck and a screened enclosure) and can seal the pavers surrounding a lanai that he installed,but he could not seal the front driveway. Lee Horn referred to Exhibit E-8 under"Definitions & Contractor Qualifications." Subparagraph 1.6.3.38 cited the requirements specific to Sealing and Striping Contractors. Mr. Crawford stated there was a contradiction in the information provided by the State which indicated a license was not required to install driveways, pavers, or walkways. Michael Ossorio noted the language "no license"meant it was not regulated under Florida Statutes 489. The Statute states Cities or Counties have jurisdiction to regulate Specialty Licenses. Sealing and Striping is a Specialty License and is regulated by Collier County. An Ordinance was adopted by the Board of County Commissioners requiring Contractors pass a business procedures test. It was noted Mr. Crawford had taken and passed the test. He could obtain his license by completing an application and providing his work experience. 4 1611B8 t z November 17, 2010 Patrick White asked Ian Jackson to explain how Cary Collier was granted authority by the property owner to act as his agent. Ian Jackson,Licensing Compliance Officer,noted Cary Collier was the business partner of the property owner in a real estate investment company. Ms. Collier contacted the County regarding construction issues at the property. Mr. White asked if Ms. Collier had an ownership interest in the property or was acting as an authorized agent of the property owner. Mr. Jackson confirmed Ms. Collier had an ownership interest. When asked about what evidence was presented to establish Ms. Collier's interest, Mr. Jackson noted he spoke with Ms. Collier but she was not under oath at the time. Chairman Lykos pointed out complaints can be, and are, made anonymously and ownership in a property is not required to file a complaint. Mr. Jackson presented the following information: • Ms. Collier contracted with George Negron, an unlicensed contractor, to perform interior remodeling work and the work on the driveway which is the subject of the Hearing, • John Crawford has (or had) a relationship with George Negron, • Mr. Crawford helped obtain a Building Permit for the installation of the driveway by acting as an agent for the owner, the owner/builder, • Ms. Collier signed a form permitting Mr. Crawford to act on her behalf to obtain the Right-of-Way Permit to install the driveway, Chairman Lykos clarified: • Ms. Collier hired an unlicensed contractor to perform work on the Aufdenberg residence, • Mr. Negron was not licensed and could not pull the Permit, • Mr.Negron arranged with Mr. Crawford to pull the Permit for him. He asked whether Ms. Collier appointed Mr. Negron or Mr. Crawford as an agent for the owner. Mr. Jackson stated Mr. Crawford was an agent for the owner, Cary Collier. Cary Collier obtained an Owner/Builder Permit. Mr. Crawford did not obtain the Permit using his credentials. He confirmed Mr. Negron could not obtain a Permit since he was not licensed,but Mr. Crawford should not have obtained the Permit under his license. Michael Ossorio stated there was a lapse between the Building Permit procedures and the Building Permit Right-of-Way procedures which has since been corrected. The Right-of-Way customer service representative did not check to verify if Ms. Collier was the owner. Florida Statutes requires an owner to appear in person when applying for an Owner/Builder Permit. The authority should not have been delegated and then Permit should not have been issued. 5 1611 B8 a November 17, 2010 On March 8, 2010, Ms. Collier submitted a letter, which she signed as "Partner," authorizing John Crawford to obtain a Right-Of-Way Permit. The address at the top of the letter listed Jerry Aufdenberg at his Missouri address. Right-of-Way Permit#10-0122-E was issued on March 11, 2010 under the Property Owner's name (Jerry Aufdenberg) and John Crawford was named as the Contractor. Chairman Lykos noted there appeared to be documentary evidence of Cary Collier's ownership interest in the property. Ms. Collier gave an oral statement was made to the County's Staff concerning her role, which Chairman Lykos stated was sufficient for the investigation. Michael Ossorio stated the parties were in Tallahassee undergoing a full review of the issues related to the situation. The Complaint was made because an email was sent to Ms. Collier by Mr. Crawford stating he was able to perform specialty work that was outside the Scope of his license. He stated there was no Complaint. Mr. Crawford responded to the Citation within ten days as required to contest it. The Citation was the subject of the Hearing. Patrick White pointed out the definition of an Aluminum Specialty Structure Contractor,Exhibit E-6, did not mention of sealing of pavers. Mr. Crawford contended he was trying to "make it right"but had been unable to contact Ms. Collier until August,which was six months after the driveway was installed. During the lapse of time, the driveway suffered damage for which he was not willing to be responsible. Richard Joslin explained to Mr. Crawford he has "missed the point"of the Citation which was issued because Mr. Crawford was outside the Scope of Work he was allowed to perform under his license. John Crawford replied he was under the assumption that he could do the work because he had been issued a Permit. Chairman Lykos asked Mr. Crawford if he performed the work and Mr. Crawford responded he did not. He further asked if the work had been performed by anyone and the answer was no. He requested Attorney Neale outline the Board's options regarding a Citation: "If the Enforcement or Licensing Board or designated Special Magistrate finds that a violation exists, the Enforcement/Licensing Board may order the violator to pay a civil penalty of not less than the amount set forth on the Citation but not more than $1,000 per day for each violation. " "If the person issued the Citation or his/her designated representative shows that the Citation is invalid or that the violation has been corrected prior to appearing before the Enforcement/Licensing Board or designed Special Magistrate, the Enforcement/Licensing Board may dismiss the Citation unless the violation is irreparable or irreversible." 6 1611 B8 November 17, 2010 It was noted Mr. Crawford thought he could perform the work because he was issued a Permit. Exhibit E-11 indicated the Permit was issued to the Property Owner, not to Mr. Crawford. In Exhibit E-7, under"Definitions and Contractor Qualifications," a Contractor is defined as "... the person who is qualified for and responsible for the entire project contractor for and, except for those herein exempted, the person who,for compensation, undertakes to, or submits a bid to ... " The email from Mr. Crawford to Ms. Collier was a bid and it stated the compensation to be paid to seal the driveway. Mr. Crawford admitted he was trying to work as a subcontractor which he now knows was not within the Scope of his license but, at the time, assumed it was permitted because of the Permit. He stated the only other work he performed was to replace aluminum under the trusses in the back yard. Michael Ossorio stated the Board of County Commissioners had passed an Ordinance which allowed maintenance and repair work to be performed on a single- family, detached home without requiring a Permit. But Right-of-Way work does require a Permit The repair work performed by Mr. Crawford in the back yard could not be combined with the new work since they were two separate items. Chairman Lykos noted the Citation was issued for sealing the pavers, not for installing the driveway. Someone else had installed the driveway. Ian Jackson clarified the Citation was issued for submittal of a bid to seal the driveway for compensation. Chairman Lykos stated the work was never completed although Mr. Crawford had submitted a bid,which was caused the Citation to be issued. Ian Jackson pointed out Cary Collier contracted directly with George Negron who is unlicensed. There was no documentation concerning the arrangement between Mr. Negron and Mr. Crawford, and there was no mention of compensation between Negron and Crawford in the emails. John Crawford stated the original contract between Ms. Collins and George Negron did not mention sealing or any compensation for sealing which is why he sent the email outlining the price for the work. He further stated Ms. Collier fired Mr. Negron and she was attempting to have the pavers sealed for free by Mr. Crawford. A motion was made, with a supporting second, to approve upholding the Citation as issued. Motion carried, 7— "Yes"/2— "Opposed." Attorney Neale asked if the fine would remain at $300 as cited or if an additional penalty would be imposed by the Board. Chairman Lykos stated the penalty could not be lower than $300 but could be as high as $1,000. 7 1611 B�.. $ November 17, 2010 Attorney Neale asked the Board to consider the following points: • The gravity of the violation, • Any actions taken by the violator to correct the violation, and • Any previous violations committed by the violator. The Motion was amended to uphold the initial fine of$300 and a supporting second was made. Carried unanimously, 9—0. (B) Viorel Toader—Qualifying 2"d Entity Chairman Lykos stated he met Mr. Toader through the CBIA ("Collier Building Industry Association") but has not conducted business with him. He further stated he did not believe his relationship would affect his ability to hear the case or vote. Viorel Toader stated: • He opened a tile company in 2007 to install tile and marble • In 2010, he opened a show room in Naples and would like to offer installation services in addition to selling materials • The existing entity is Affordable Tile & Stone, Inc. • The second entity is Affordable Flooring and Kitchens, LLC Chairman Lykos reiterated Affordable Tile & Stone, Inc is licensed to install tile, marble, and flooring(carpet and vinyl). The showroom, Affordable Flooring and Kitchens, LLC, is not licensed. Ian Jackson asked Mr. Toader if he was trying to qualify the second entity with both tile and marble, and a flooring license. Mr. Toader replied affirmatively. He stated the showroom just sells kitchen materials. He is in the process of applying for a license to install cabinets,but not to fabricate them. Ian Jackson stated the County recommended approval of Mr. Toader's application to qualify the second entity with Certificates for tile and marble, and for flooring. Richard Joslin expressed concern about Mr. Toader's credit application. Mr. Toader stated he experience good times and bad times. He invested in several properties but the income generated was not enough to support them when the economy was slow and there were delinquencies. Lee Horn asked if the Board could review a personal credit report when examining a second entity application. Attorney Neale replied if a company was in business for at more than one year, the business credit report was to be reviewed. 8 16 1 1 B8 November 17, 2010 Viorel Toader confirmed the existing entity,Affordable Tile & Stone, Inc., had been in business since 2007 while the second entity, Affordable Flooring and Kitchens, LLC, was begun approximately seven month ago. Patrick White noted there were a number of monthly payments to the IRS from the Applicant's checking account. Mr. Toader stated the payments were for payroll taxes. He confirmed he did not have any outstanding obligations to the Internal Revenue Service. Mr. White noted there were several places in the application where "N/A"was used. He advised caution concerning completeness and accuracy when accepting applications. He clarified qualifying the second entity would authorize selling cabinets but not permit the installation of cabinets. Mr. Toader reiterated the application for the second entity was for floor covering and tile installation only. Chairman Lykos explained the installation of kitchen cabinets was currently outside the Scope of his license. Mr. Toader stated he understood, and was also in the process of applying for a license to install cabinets. Michael Ossorio stated Mr. Toader had taken the business procedures test and will provide affidavits verifying that he has worked under the direction/supervision of a cabinet millwork company for a period of 24 months before a license will be issued. The applicant is responsible to obtain the work experience and must promote his business properly. Mr. Toader outlined his experience stating he is from Romania. At the age of 14 he enrolled in trade school to learn the cabinet industry. The course ran for a period of three years. He became licensed and also learned wood carving with chisels. Vice Chairman Lantz moved to accept the application and to qualify the second entity. Second by Terry Jerulle. Carried unanimously, 9—0. (C) Dennis Ray Kaiser—Request to Waive Examination to Reinstate License Ian Jackson provided background information: • Dennis Kaiser was originally licensed as a Residential Pool Contractor • His license was issued by the County in 2001 • The license expired in 2006 • Mr. Kaiser also registered his license with the State in 2001 Michael Ossorio noted if a specialty license is registered with the State, the Contractor must re-register every two years and maintain Continuing Education credentials. He stated while the Applicant's Competency License with Collier County has lapsed, his State registration was current. 9 1611 B8 November 17, 2010 Dennis Kaiser presented his case: • Has been in pool construction for fourteen years, specializing in plumbing • Was originally licensed in 2001 • Prior to 2001, he worked for NASA as a plumber • He maintained his State registration and renewed his Occupational License as required, but overlooked renewing his Competency License The fee for reinstatement,renewal (back years), and current renewal is $1,010. Ian Jackson stated the County recommended approval of the Waiver. Richard Joslin moved to approve the Applicant's request to waive the requirement to take an examination. Second by Robert Meister. Carried unanimously, 9—0. (D) Howard B. Russell—Changing Company Name with Review of Credit Report Michael Ossorio provided background: • Howard Russell has held a County license (Certificate#12304) for several years under the business name of Dr. Seal-Coat, Inc. • Mr. Russell has applied to change the name of the business to The Asphalt Surgeon, Inc. • There are some issues with Dr. Seal-Coat, Inc. that must be addressed before a Certificate for the new Entity will be issued Howard B. ("Ward") Russell stated: • Under Dr. Seal-Coat, Inc., he has performed asphalt, concrete, and brick paver sealing work • He has now decided to retain Dr. Seal-Coat, Inc. as the entity for the sealing and striping portion of his business • He wishes to qualify a Second Entity, The Asphalt Surgeon, Inc., under his paving license • He has worked in Napes for approximately 18 years • Due to the downturn in the economy,his trucks and other business-related items were repossessed • He is approximately$100,000 in debt Patrick White asked if the application was to be changed from"Changing Company Name"to "Qualify a Second Entity." Mr. Ossorio clarified: • Mr. Russell holds two Certificates and wishes to qualify The Asphalt Surgeon, Inc. • Mr. Russell's position has not changed despite his recent request to keep his sealing/striping certificate with Dr. Seal-Coat, Inc. and place his paving certificate under The Asphalt Surgeon, Inc. 10 1611B8 November 17, 2010 • Howard Russell is the sole owner of Dr. Seal-Coat, Inc. and is financially responsible for it • The application is questionable and was forwarded to the Board for review Chairman Lykos noted the Agenda specified Changing Company Name with Review of Credit Report. He stated the Board was prepared to consider the application as submitted and further stated a different application should be presented at another time if the Applicant wished to open a second business. He recommended withdrawal of the current application. Mr. Russell questioned whether or not he would be working outside of his Scope if he performed sealing work (concrete, asphalt, and brick pavers) as The Asphalt Surgeon. Ian Jackson stated if Mr. Russell submitted a bid or a contract for sealing work under The Asphalt Surgeon, it would be a violation of the Ordinance because the company is not qualified. It was noted Dr. Seal-Coat, Inc. is qualified to perform sealing work as well as paving. Chairman Lykos asked Mr. Russell if he wanted to change the business name because Dr. Seal-Coat had financial problems. Mr. Russell acknowledged he has credit card debt,but has paid all of his suppliers. Lee Horn clarified that Mr. Russell was asking if he changed the company name, would it be misleading for him to advertise his ability to perform sealing work under The Asphalt Surgeon. Mr. Ossorio replied it would not. Mr. Russell requested to proceed under the submitted application. BREAK: 10:18 AM RESUMED: 10:30 AM Michael Ossorio stated Mr. Russell decided to withdraw his application. (E) Marlene Santonastaso—Request to Waive Testing for Drywall Certificate Chairman Lykos noted the information packet was not submitted until after the Hearing had begun. It was noted the next Board meeting will be held in January, 2011. Marlene Santonastaso stated she had been advised Staff would not recommend approval at this time. She stated she has been performing drywall work in Naples for the past eighteen years and the quality of her work is not in question. She is not licensed to perform drywall and metal framing work. She requested the Board issue a probationary license allowing her to continue working before she took the test. 11 1611 B8 November 17, 2010 Consensus: Board Members requested additional time to completely review the application before making a decision. Marlene Santonastaso stated while she cannot remain idle for two months, she is licensed to perform stucco and plastering work. She was advised she cannot perform any drywall or metal framing work until she is licensed to perform that work. Michael Ossorio outlined the criteria to obtain a license: • Passing the test, • Work experience and references, • Satisfactory credit report. Vice Chairman Lantz noted, theoretically, the Applicant could take the test some where in the State and could be licensed by Friday. Attorney Neale reminded the Board that Staff had not make a recommendation. Patrick White moved to table review of the application until the January 19, 2011 Board meeting. Second by Jon Walker. Carried unanimously, 9—0. (F) Orders of the Board (Pay Civil Citations) (Note: Topic was added per amended Agenda) Vice Chairman Lantz moved to approve the signing of the Orders of the Board by the Chairman. Second by Richard Joslin. Carried unanimously, 9—0. VII. OLD BUSINESS: (A) Election of Chair and Vice Chair for 2011 Term (Note: Topic was added per amended Agenda) Chairman Lykos opened the floor for nominations as Vice Chairman. Terry Jerulle nominate Lee Horn. Mr. Horn accepted the nomination. As there were no other nominations, Chairman Lykos closed the floor. The Nomination was unanimously approved by the Board. The vote was 8— "Yes"I"1"—Abstention. Mr. Horn abstained from voting. Attorney Neale suggested the Board should officially appoint the current Vice Chair as Chairman. He cautioned against automatic succession which could lead to 12 16 1 1 88 November 17, 2010 problems if a Vice Chairman was either not appropriate to move forward or unavailable to serve. Chairman Lykos stated Vice Chairman Kyle Lantz was in position to become Chair. Chairman Lykos opened the floor for nominations as Chairman. As there were no other nominations, Chairman Lykos closed the floor. The Nomination was unanimously approved by the Board. The vote was 8— "Yes"/"1"—Abstention. Mr. Lantz abstained from voting. It was noted the newly-elected Chair and Vice Chair will assume responsibility on January 1, 2011. VIII. REPORTS: Michael Ossorio noted the position for a new Licensing Compliance Officer was posted internally. By January, 2011, there will be five investigators in the field. IX. NEXT MEETING DATE: Wednesday, January 19, 2011 Board of County Commissioners' Chambers,Administrative Building"F,"3rd Floor (Courthouse Complex), 3301 E. Tamiami Trail, Naples, FL 34112 There being no further business for the good of the County, the meeting was adjourned by the order of the Vice Chair at 11:52 AM. COLLIER COUNTY CONTRACTOR LICENSING BOARD A 4 ` .1l TT omas Lykos, Chairman/ The Minutes were approved by the Board/Chairman on —3/3117-) Fl ,2(_18 -a ; as presented [V], or as amended [ ]. 13