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CLB Agenda 09/17/2008 Contractor ' s Licensing Board Agendas September 17 , 2008 AGENDA COLLIER COUNTY CONTRACTORS'LICENSING BOARD DATE:WEDNESDAY—SEPTEMBER 17, 2008 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX 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 II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE:AUGUST 20, 2008 V. DISCUSSION: Jeffrey K. Linzer—Representative from Home Depot, addressing the board about Contracting. VI. NEW BUSINESS: Gregory S. Brown—Contesting Citation Bern Michael Kahle—Contesting Citation Michael Zeanchock III—Request to qualify 2nd entity VII. OLD BUSINESS: VIII PUBLIC HEARINGS: Case#2008-11 Paul Riddleberger D/B/A Riddleberger Custom Homes, LLC Case#2008-13 Michael McNeal D/B/A New Code Windows and Doors, Inc. Case#2008-14 Daman Sharp D/B/A Sharp Pools and Decking, Inc. IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY OLL ER COUNTY DEVELOPMENT SERVICES CENTER 2800 N. HORSESHOE DRIVE, ROOM 609—610 NAPLES, FL 34104 Hearing Procedures and Order Outline Collier County Contractor's Licensing Board September 17, 2008 Hearing Procedure The hearings are conducted pursuant to the procedures set out in Collier County Ordinance 90-105, as amended and Florida Statutes Chapter 489. These hearings are quasi-judicial in nature. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party. The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum. The general process of the hearing is for the County to present an opening statement where it sets out the charges and in general terms how it intends to C:\Documents and Settings\Patridc NealeWly Documents\Contractor's Licensing Board\Hearing Procedures and Order Outline.doc 1 prove them. The Respondent then makes his/her opening statement setting out, in general terms the defenses to the charges. The County then presents its case in chief, calling witnesses and presenting evidence. The Respondent may cross examine these witnesses. Once the County has closed its case in chief, then the Respondent puts on his/her defense. They may call witnesses and do all the things described earlier, that is, 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 puts on his/her case, the County gets to present a rebuttal to the Respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements with the County getting a second chance to rebut after the Respondent's closing argument. The Board then closes the public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the Board will give them a charge, much like a charge to a jury, setting out the parameters on which they base their decision. During deliberations, the Board can ask for additional information and clarification from the parties. The Board will then decide two different issues. First, whether the Respondent is guilty of the offenses charged in the Administrative Complaint. A vote will be taken on this matter. If the Respondent is found guilty, then the Board must decide the sanctions to be imposed. The Board attorney at this point will advise the Board of the sanctions which may be imposed and the factors to consider. The Board will discuss sanctions and take a vote on those. C:\Documents and Settings\Patrick Neale\My Documents\Contractor's Licensing Board\Hearing Procedures and Order Outline.doc 2 After the two matters are decided, the Chair, or in his absence the vice Chair, will read a summary of the order to be issued by the Board. This summary will set out the basic outline of the order, but will not be exactly the same language as the final order. The final order will include the full details required under state law and procedure. C:\Documents and Settings\Patrick Neale\My Documents\Contractors Licensing Board\Hearing Procedures and Order Outline.doc 3 Order Outline THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on (Date) for consideration of the Administrative Complaint filed against (Name and license number of respondent). Service of the Complaint was made in accordance with Collier County Ordinance 90-105 as amended. The Board having at this hearing heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: Findings of Fact 1. (Name of Respondent) is the holder of record of License Number 2. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. 3. That the Board has jurisdiction of the person of the Respondent and that (Name of Respondent) was present at the public hearing and was not (or was represented by counsel at the hearing on (Date). 4. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. 5. The Respondent acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. 6. That the allegations of fact as set forth in the Administrative Complaint, as to (Read Count and Ordinance Section in Complaint) are found to be supported by the evidence presented at the hearing. C:\Documents and Settings\Patrick Neale\My Documents\Contractors Licensing Board\Hearing Procedures and Order Outline.doc 4 J ' Conclusions of Law 1. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count (Name Count) are approved, adopted and incorporated herein, to wit, the Respondent violated Section (Read relevant section) of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out in the Administrative Complaint with particularity. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of in favor and opposed, a majority vote of the Board members present, the Respondent has been found in violation as set out above. Further, it is hereby ORDERED, by a vote of in favor and 0 opposed a majority vote of the Board members present that the following disciplinary sanction and related order are hereby imposed upon the holder of Contractors' Certificate of Competency No. (Read License Number). READ SANCTIONS C:\Documents and Settings\Patrick Neale My Documents\Contractor's Licensing Board\Hearing Procedures and Order Outline.doc 5 August 20, 2008 TRANSCRIPT OF THE MEETING OF THE CONTRACTOR LICENSING BOARD Naples, Florida August 20, 2008 LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Les Dickson Richard Joslin Eric Guite' Lee Horn Terry Jerulle Thomas Lykos Michael Boyd Glenn Herriman ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Building Review & Permitting Page 1 • August 20, 2008 CHAIRMAN DICKSON: I'd like to call to order the meeting of the Collier County Contractor Licensing Board meeting on August 20th, 2008. Any person who decides to appeal a decision of this board will need a verbatim record of the proceedings therein, which is being taken. I'd like to start with roll call to my right. MR. JERULLE: Terry Jerulle. MR. HERRIMAN: Glenn Herriman. MR. LYKOS: Tom Lykos. CHAIRMAN DICKSON: Les Dickson. MR. JOSLIN: Richard Joslin. MR. BOYD: Mike Boyd. MR. GUITE': Eric Guite. CHAIRMAN DICKSON: Additions or deletions to the agenda? Andy? (Sic.) MR. JACKSON: Good morning. CHAIRMAN DICKSON: Ian, I'm sorry. MR. JACKSON: That's okay. CHAIRMAN DICKSON: Andy is gone. MR. JACKSON: Andy's gone. For the record, Ian Jackson, License Compliance Officer for Collier County. Under new business, Bern Kahle, who is contesting a citation, will be postponed until September, the next hearing. And under new business, we have an addition, Kyle Green, reviewing a credit report for licensing. And those are the additions and deletions that staff has. CHAIRMAN DICKSON: I'd like to add one. Under discussion, discussion of new chairmanship for the board for the immediate future, or the upcoming years or whatever. Okay, do I have any other additions or deletions to the agenda? Page 2 August 20, 2008 (No response.) CHAIRMAN DICKSON: If not, I'll entertain a motion to approve as amended. MR. JOSLIN: Motion to approve the agenda as amended, Joslin. CHAIRMAN DICKSON: Second? MR. BOYD: Second, Boyd. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed, like sign? (No response.) CHAIRMAN DICKSON: Minutes of the last meeting. You've had a chance to look over those. I need a motion to approve them or amend them. MR. BOYD: Motion to approve, Boyd. CHAIRMAN DICKSON: Tom? MR. LYKOS: I noticed a couple of things. And I hope -- I hope I read the mistakes correctly, if that makes sense. On Page 11, and on Page 35, responses were noted as being stated by Mr. LaChance, but at those parts of the meeting Mr. LaChance was no longer part the proceedings. I think it was just a typo. I've made a note in the minutes where those locations occurred, so I don't know if it's just a matter of correcting who the respondent was. CHAIRMAN DICKSON: Who was making those comments? MR. LYKOS: On Page 11, there were two areas where the respondent was Mr. LaChance, and I believe it was supposed to be Page 3 • August 20, 2008 Mr. Vail. And then on Page 35, it was -- the respondent was listed as Mr. LaChance, and I believe -- I couldn't tell who that was supposed to be. I don't have a note on that. I think it was -- actually the respondent was the person who was in front of us, it just was noted as the wrong person. MR. NEALE: I think at 35, it may have been Mr. Reardon. CHAIRMAN DICKSON: Mr. Reardon? Okay. Yeah, those are important, if there's ever an appeal. Pat, are you in agreement with -- MR. NEALE: With the corrections, yeah. CHAIRMAN DICKSON: Yeah, with both those corrections. Okay. Any other discussion on that? Anyone disagree with it? (No response.) CHAIRMAN DICKSON: Is that it? MR. LYKOS: That's it. CHAIRMAN DICKSON: Okay. So I'll entertain a motion to approve the minutes as amended. MR. JOSLIN: So moved. CHAIRMAN DICKSON: Okay, second? MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Moving on, discussion. I have been reappointed to this board for another three-year term. Presently I've been on the board 20 years. I've Page 4 August 20, 2008 been chairman for the last five years. And in all of my 20 years as being on this board, it's always been a policy -- it's unwritten, there's nothing in the guidelines or the ordinance of how it's supposed to be done, but whoever stayed the longest was the chairman until he either died or moved on. Well, I want to change that procedure. One, I don't plan on dying, and two, I don't plan on moving on. But there's other qualified people on this board who have been around. I'm thinking specifically of Richard Joslin, he's been on this board for 19 years and has been vice-chairman for the last five years. What I would like for us to do is, whether we start it as doing it every year at this time when new appointments come on or we do it every three years, we can kind of decide on that, but I think we should follow the lead of the county commission. You know, the county commissioners change chairman every year, and they just rotate it. So what I want to do is this be my last meeting as chairman, and I will step down as chairman. And then the beginning of the next meeting, which will give you time to think about it, under the discussion, and we'll add that to the agenda, the beginning of the next meeting we will elect a new chairman and a new vice-chairman. Any comments on that? (Mr. Horn enters the boardroom.) MR. JOSLIN: You think that the rotation factor would still be something that we could do? CHAIRMAN DICKSON: I don't know that it's rotation. But there's been so many people that don't want to be chairman or vice-chairman so -- and I wouldn't be at all bashful about nominating yourself, if you want to do that. So it's -- basically a chairman is nothing more than a referee and keeps the meeting going, stops redundancy, controls the meeting. That's the biggest issue. You've got to control the meeting. All you have to do is watch a couple of-- well, watch television and some of Page 5 August 20, 2008 the other committees. Some of these committees meet for two and three days because there is no control. Now, that I don't want to ever happen to this committee, okay? Mr. Neale, you want to add anything? MR. NEALE: The only thing to add is the only thing that's referenced in the ordinance is that the board shall elect a chair and a vice chair. CHAIRMAN DICKSON: Your mic is too far away. MR. NEALE: It doesn't say how often or whatever, it just says that you have to elect a chair and vice chair. But the board can adopt policies of its own internal operation. So the board could adopt a policy of annual elections, like every three years, however. The other thing that I would just make a point is that the chair also should be familiar with the procedures of the board and how the procedures are to be done so that -- to ensure that due process is always followed. That's where a little bit of experience on the board helps in a chair that understands how it's done. Fortunately we have a solid board here that everybody seems to know the procedures pretty well, so that helps a lot. MR. JOSLIN: I believe there was also -- one of the items that was in the ordinance that called for not only a chair and a vice chair, but wasn't another acting chair in case of the absence of both? MR. NEALE: No, but that's something that the board could adopt as its own policy, if it wished. MR. JOSLIN: It would, okay. In case someone doesn't show, a vice chair or the chair don't show at the meeting or can't show at the meeting, there's someone that can still continue the meeting. MR. NEALE: What you could probably do at that point in time is the board -- the members who are here could then elect an acting chair for that meeting, would probably be the best thing to do. CHAIRMAN DICKSON: And it has nothing to do with my -- I Page 6 August 20, 2008 love serving on this board. I think highly of this board and what we do. I think it's evident within the community. I think the staff that we have is better than any staff we have had in the past. That's not an idle comment, Mr. Ossorio, it is better than any staff we've had in the past. I just think we need -- I need to spread the joy. It's fun. It's fun being chair. Now, I will let you know, there are some times that you -- outside of this meeting you do have to go sign orders, you do work somewhat closely with Mr. Ossorio when issues come up, so you have to be available. And unfortunately here lately I've been receiving phone calls from people coming before the board meeting at my home or the office, which I don't really tolerate those, I just tell them no discussion, good-bye, so we'll see you at the board meeting. Again, that would be a violation of the Sunshine Law. MR. NEALE: Well, it would also probably be what would be considered an ex-parte communication. And since these are quasi-judicial proceedings, it could-- certainly it would be frowned upon, put it that way. CHAIRMAN DICKSON: Yeah. And there is a four-hour class coming up on Sunshine Law. Have they rescheduled that, Mike? MR. OSSORIO: Yes, they have. CHAIRMAN DICKSON: You will need to attend that. And that's not my reason for stepping down either. Okay? MR. LYKOS: Well, I think it's appropriate that we set some standard. If it's have an appointment of a new chairman and vice-chair every year, every three years, I think it's appropriate that we have that established. I understand you want to change right away, but I don't know that I'm -- I'm not advocating that necessarily as much as I'm advocating that we set some standard for the board. CHAIRMAN DICKSON: I agree with you. And we can do that Page 7 August 20, 2008 in our discussion next month. That way everyone will have time to think about it and we can do it somewhat quickly, okay? So keep that in mind and we will address it at the beginning of the next meeting and it will take effect immediately, okay? All right, moving on so these people don't have to be delayed. Good morning to all of you. John Gorman, are you present? MR. GORMAN: Yeah. CHAIRMAN DICKSON: If you would, John, come up here to the podium. I need for you to state your name. I will have you sworn in by the reporter. (Speaker was duly sworn.) CHAIRMAN DICKSON: John, you've requested to be on the agenda for a discussion of a carpentry license, so tell us what you want to discuss. MR. GORMAN: Can I just give you a hand-out first? CHAIRMAN DICKSON: Yeah, we're not doing anything. Are we okay with this, Mr. Neale? Its just a discussion? MR. NEALE: Yeah, I mean, it's just a discussion. The board isn't going to take any action, so -- CHAIRMAN DICKSON: Yeah, go ahead. MR. GORMAN: Okay. The letter I sent in a few weeks ago was to a Mr. Robert Dunn, and it was about -- regarding the carpentry license. And what it comes down to basically is that I am -- I'm over here at the moment on a business transfer visa. Now, I've gone through the system, as regards becoming licensed and insured, and I chose the carpentry license because it covered the following items: Light and heavy carpentry, rough framing, trusses, sheathing, metal framing, paneling, trim, cabinetry, doors, windows, stairs and incidental hardware. This was ideal for what I wanted to do, so I paid for the exam, took the exam, and on the 21st of June I passed the exam in Naples. Page 8 August 20, 2008 After that, I collected a licensing package from the licensing office up at Horseshoe. And a few days later, after getting all the paperwork together, I was called up to speak to Mr. Ossorio. And at that point he said that I was successful with the license, but we had a discussion that day and he said that I was not covered to work on any type of windows. Now, it clearly states in all the carpentry applications, which is the Prometric, Gainesville and even the Collier County licensing description of carpentry contractors, that -- I'll just give you that one very quickly: The knowledge and skill to install any wood and metal products. So I questioned this with Mr. Ossorio, and he told me to speak to his supervisor, which was Mr. Dunn, which I did, and hence why I'm here today. I was extremely disappointed that no one could give me an answer on why windows were excluded from the license. So basically all the paperwork I've got, everything mentions windows and doors in there. The scopes on all of these mention windows, but for some reason it doesn't seem to be part of the carpentry license. So really I'm here today just to find out why that isn't in there when, as I say, it does show it in all the paperwork. Just one very quick. In the Gainesville carpentry application it says the installation, repair and replacement of any type of window and doors. What I'm saying is I wouldn't have taken this particular license if items that are stated on there were then not going to be included. I would have gone for a contractor's license. So I just need an explanation, really, on why there's items listed in these and I'm not allowed to perform those items. Thank you. CHAIRMAN DICKSON: Okay, Mr. Ossorio? MR. OSSORIO: Good morning, Mr. Chairman. For the record, Page 9 August 20, 2008 Mike Ossorio, Collier County Contractor Licensing Supervisor. Mr. Gorman is correct, we did have several meetings referencing windows and glass and glazing. The state is pretty clear of who can replace windows. There is a specialty license through the State of Florida, it's called aluminum specialty, and they can replace windows with no height restrictions -- actually, there is a height restriction on that, it's only on single-family homes. We do have a glass and glazing license which can replace windows and there is no height restrictions. There's also one for the state as well, a certified glass and glazing. We have a carpentry exam, and carpentry can frame windows, they frame trusses. And I talked to Mr. Gorman, it's always been a policy that a carpentry contractor cannot get a building permit to replace windows on a residential home or a commercial building or a condo unit, whatever that might be. I did look at his -- the information, and it appears to be ambiguous, and I did agreed with him, so I did make contact with Thomson Prometric, which is a nationwide company, which we use, and they responded back. And I'll go ahead and read to you what they responded, if I can find it. This is Arthur Thomson; he is the test developer and he's the one that actually develops the tests and makes the stuff gets in that needs to be. And he says that, I looked at each item on the exam and you are correct, the exam is totally based on framing, there are no specific questions about windows. This is dated July 25th, 2008. Mr. Gorman is not very happy, and I understand that maybe he was led down the wrong path. And I agree with his analogy that it does say windows in there. But I cannot grant something to him -- if I granted him the ability to pull windows, then every single carpentry contractor in Collier County can pull window permits. And he doesn't realize that when I make a decision based on his ability, I have to Page 10 August 20, 2008 make a decision on all abilities. So this is why Mr. Gorman's here today. I've told Mr. Gorman he should take the glass and glazing test, and he decided to come here in front of the licensing board. I don't know where -- his e-mail suggests that I'm being impartial or being some kind of a grievance against him. He's got to realize that when I make a decision, it's not based on his decision, it's based on the whole carpentry community itself. And that I just don't do. He can petition the board, the licensing board, and if you feel that we made a mistake, then he can -- you know, I will respect the licensing board decision. However, the testing company did come back, specify that there's really nothing on the test for windows, only for framing. And this is what he does, he's a carpentry contractor. And they did acknowledge that there is windows in the scope and they are going to change the pamphlets on the information in January when they have their new procedures. So there are going to be some changes. MR. JOSLIN: So what you're saying then it in reality was an error on the testing company that gave him the test and the information to -- MR. OSSORIO: Under the scope -- he has a copy of it. Under the scope it says windows. And I believe they probably should have said window framing, but there was a comma. It says framing, slash -- comma, windows. And that really should have been maybe window framing, not windows itself. So this is what I gather from the testing g He's got to realize that if we grant him a license to install windows there's no really restrictions on windows, he could put it on a high-rise. And I don't think a carpentry contractor in general should not (sic) be putting windows, replacement windows on a 20-floor high-rise. He's got to realize, Mr. Gorman, that what we do here is life safety. Page 11 August 20, 2008 And I know that he might want to do a small job, a residential job, but there's no distinction between the two. CHAIRMAN DICKSON: It's -- well, and every time I've seen a carpenter doing windows, it's under the direction and the umbrella of a general contractor or a building contractor who has pulled the permit for the entire job. It's unfortunate you didn't have this conversation prior to going through all this. Mr. Neale, do you want to say anything? MR. NEALE: No, I think Mr. Ossorio summed it up very well. You know, with the ordinance, it may be slightly ambiguous but in truth if you read it as a whole, combining carpentry with glass and glazing and hurricane shutter and awning, it becomes much clearer. CHAIRMAN DICKSON: Mr. Zachary, do you concur? MR. ZACHARY: I do. CHAIRMAN DICKSON: So you all know who the -- these are our attorneys. One is the attorney for the board, Mr. Neale, and one is the attorney for the county. They keep us out of trouble. MR. GORMAN: That's good. CHAIRMAN DICKSON: Can he not do these tests through Gainesville? MR. OSSORIO: Yes, he can. He could do the -- I've talked to Mr. Gorman about this, and if he wanted to, he could take the glass and glazing within a day or two. He can drive up to Ocala, they have a nice big facility up there. I've been up there and looked at their facility. Since he's already taken the business and procedure test, he just needs to take the glass and glazing. But he knows that. So it's really up to Mr. Gorman. I don't know where this visa comes into play, but it is what it is. And I told him that, that unfortunately I'm not the person that can make those decisions. The State of Florida is pretty explicit about who Page 12 August 20, 2008 can install windows. If you take a six-hour exam through the State of Florida for a specialty, you can only do residential windows, and it specifies residential windows. We don't have that category. We have a glass and glazing which is unrestricted to height limitations, and we have a carpentry exam which frames the window up. Most carpentry contractors frame the window and the actually window company, which is glass and glazing company, they will come in after and they will do the installing, due to the fact that they're going to be doing the warranty with it. CHAIRMAN DICKSON: I don't think we personally have the authority to approve this anyway as a board, because we'd be rewriting the ordinance. MR. NEALE: I agree. MR. JOSLIN: What type of experience have you had in doing windows? You're asking us to consider this or either think about it. But I'd like to know -- MR. GORMAN: Well, I'll tell you very quickly my background. In 1979 I became a carpenter joiner with -- fully qualified. And from there I moved on over the years. I've also got a City & Guilds in electrics and electronics. That's a UK qualification. City & Guilds. And then I moved on, I went back to college and did a three-year management course in construction, which I've got site supervisory, site management and a site diploma in the CIOB, which is the Chartered Institute of Building. So I do know where I'm coming from as regards to construction. And I just can't understand why these all are -- I think ambiguous was the word that was used. And they definitely, definitely need rewriting. Because as I say, the Gainesville one, even though the copy I got from the licensing department, knowledge and skill to install any wood and metal products, it -- you know, I wouldn't have taken this exam if I knew that that list was going to get smaller. I would have Page 13 August 20, 2008 gone probably for a contractor's license. MR. JOSLIN: Well, it's unfortunate at the moment that this has happened to you. However, you have to try to understand Mr. Ossorio's point of view, that the ordinance doesn't come exactly all of it from Collier County, it comes from the State of Florida. Now, maybe your qualifications in the UK and how you did things there and what tests you took and how you performed your working there could differ from here, and obviously it does. So I'm sure that the board's going to agree that at this moment we can't help you, other than to advise you on where to go to take the test that's necessary, as long as you have the experience situations to be able to pass this test and to then get that license to do the windows that you want to do. MR. GORMAN: Okay. CHAIRMAN DICKSON: And you can -- first of all, you're a smart man, that's very obvious. Number two, we don't discriminate against you, we like your accent. Number three, we don't victimize, that's an American cliche. I hope the British don't pick that up, everyone here wants to be a victim -- MR. GORMAN: Not yet. CHAIRMAN DICKSON: -- but yeah, don't grab that one. So if anything, we will help you to expedite through this problem, and apologize that it was ambiguous, and that will be changed. But you can pass the glass and glazing standing on your head. And you can -- we have a facility that you can do that immediately. And Mr. Ossorio's office will help you get this resolved. And all we can do is apologize to you that it happened. MR. GORMAN: Okay. Can I just -- while we're talking about these items that are actually on the license information, is there anything else that's going to appear when I actually go to pull a license -- a permit on something that I'm not going to be able to do? Doors. Page 14 August 20, 2008 Where do doors start and finish? CHAIRMAN DICKSON: Well, this would be a discussion that you can have with Mr. Ossorio and not take the time of the board or these other people. But he will direct you. It's just unfortunate you didn't have this discussion in the beginning. But we'll help you get it cleared up. Okay? MR. GORMAN: Okay, I just -- CHAIRMAN DICKSON: And we wish you very well. MR. GORMAN: Well, hopefully I can get things in place. But it's just a -- it's a very, very long process, as you're probably aware -- CHAIRMAN DICKSON: It's frustrating, yeah, and we'll help you get through it any way we can. Okay? MR. GORMAN: Thank you. CHAIRMAN DICKSON: Thank you. Mr. Neale, I don't need to take an action, since it was a discussion? MR. NEALE: That was purely a discussion. CHAIRMAN DICKSON: Okay. We wish you well. You will do good here. You don't need to stay unless you just want to see what goes on. Okay, moving on. New business, Marcela Lopez, are you present? MRS. LOPEZ: Yes. CHAIRMAN DICKSON: Good morning. If you would state your name, I'll have you sworn in. MRS. LOPEZ: Nilda Marcela Lopez. (Speaker was duly sworn.) CHAIRMAN DICKSON: Good morning. MRS. LOPEZ: Good morning. CHAIRMAN DICKSON: Your English okay? MRS. LOPEZ: Yeah. CHAIRMAN DICKSON: Nice accent. Page 15 August 20, 2008 You're here for review of work experience affidavits? MRS. LOPEZ: Yes. CHAIRMAN DICKSON: Okay, usually when that happens, they made a call to somebody and it didn't -- so let me go over here first, okay? MRS. LOPEZ: Sure. CHAIRMAN DICKSON: Mr. Ossorio, or Ian, did one of you call on this and there's a problem? MR. OSSORIO: Actually, there is actually no problems with her affidavits, if you look at the review. I did call some, and they all said that she's a great person and they know her well. Unfortunately her affidavits are lacking the experience for drywall, and maybe she can bring more information to the board to go ahead and see if you will grant her the license, if you -- CHAIRMAN DICKSON: Why am I not finding this? MR. LYKOS: It's in this packet. MR. NEALE: It's in an envelope. CHAIRMAN DICKSON: And while we're doing it, this one that you postponed to next week -- or next month, how do you -- Kahle. If you all would hang on to that and bring that back with you. MR. OSSORIO: We'll do that, Mr. Chairman. I'll pick up the packets and then I'll redistribute next month, so you don't have to worry about that. If you look at her application, I did call Kraft Construction, and basically that unfortunately Mrs. Lopez really hasn't been on the job site hanging the drywall, which in term it does it says skilled and apprenticeship time and supervisor role, administrative role. She has the admin. experience but she lacks the experience on hands on. I believe Mrs. Lopez's husband has taken the exam a couple times and probably has failed it and so Mrs. Lopez stepped up to the plate to go ahead and try to get the license to conduct business. I have no problem granting this license. Unfortunately the code Page 16 August 20, 2008 does specify that I have to refer to the licensing board if there's an issue pertaining to experience. I have no problem issuing some kind of a probational period license to see how she does. That's my recommendation. CHAIRMAN DICKSON: Just a probationary? Well, first of all, she worked for Russell Budd for 10 years, your husband must be good. MRS. LOPEZ: Yes, he is. CHAIRMAN DICKSON: And I think a lot of Russell, he's a good man. MRS. LOPEZ: Yeah. He still want him back, but he wants to try on his own. CHAIRMAN DICKSON: And for your information, if your husband ever wants to get his license, Gainesville Testing does the test in Spanish. MRS. LOPEZ: Oh, we didn't know that. CHAIRMAN DICKSON: See, there's so much information out there if people would ask. MRS. LOPEZ: Well, he's been trying also for the state license in Spanish. But I don't know why when he get into a book, it take him so long to read, even in Spanish, that he doesn't have the time enough to finish the whole test. So that's -- you know. But he does have a lot of experience, and he's good at what he's doing. I mean, you can see in the letter from Russell, he started as a laborer and work his way to up and ended up being one of the best, because he know what he's doing. CHAIRMAN DICKSON: Now, do you have some experience with drywall? MRS. LOPEZ: The only experience I have is we own five properties and we all remodel all, doing drywall, framing, tile, everything. And we did build our own house back in 2000. And between him and me, we did all the work. Page 17 August 20, 2008 CHAIRMAN DICKSON: Mr. Neale? Okay, need you guys help me out here. This has come up so many times lately where the wife is the bookkeeper and all of that, but she does -- and the man is the hands on. I feel like we're opening Pandora's box. MR. NEALE: Well, in other cases that have come before the board, there was very little evidence if any of previous experience by the wife and doing the work. Here there appears to be at least some experience, plus there's a definite commitment it appears from the husband to be -- she would still be the responsible party. I think Mr. Ossorio's suggestion of a probationary period would allow the board to maintain supervision on this, make sure that things are being done appropriately, while not opening the door for everybody to walk in and just start grabbing licenses. And plus it also protects the public, I think. CHAIRMAN DICKSON: She took -- did you take the test? MRS. LOPEZ: Yes, I did. CHAIRMAN DICKSON: And you passed it. MRS. LOPEZ: Yes. CHAIRMAN DICKSON: Okay. MR. JOSLIN: 82 and 86. MR. NEALE: 82 and 86, yeah. CHAIRMAN DICKSON: 86. Well, you obviously know something about it. MR. JOSLIN: She reads the book very well. MR. NEALE: 82 on drywall and 86 on the business and law -- CHAIRMAN DICKSON: You're the brains, right? MRS. LOPEZ: We both are, believe me. He have a lot of-- I do have the brain in numbers and he has the brain in all kinds of business. I mean, we've been -- all the decision he's been taking through our marriage has been successful. And fortunately I can say that we've been successful through this 24 years we've been in the U.S.A. MR. JOSLIN: How long have you been married? Page 18 August 20, 2008 MRS. LOPEZ: Married? Actually, 19. Together, 22. Then we know each other 24. Actually, almost 25. And I'm telling you, I don't have anniversary, because every time anniversary come, he say, oh, no, that's not the one, it's the one we marry, no, it's not the one, that's the one we met each other, the day we move in together -- so okay. CHAIRMAN DICKSON: Don't let him get away with that. MRS. LOPEZ: I'm trying. MR. JOSLIN: In other words, he has a hard time remembering your anniversary. I got you. MRS. LOPEZ: But I do get flowers once a month, so that will make it up. CHAIRMAN DICKSON: Anybody else on the board, do you have questions or feedback? MR. JOSLIN: I don't think I'd really have a problem with granting a temporary license or a restricted license, I should say. It sounds like the young lady knows what she's doing, sounds like the husband does too dealing with the people that on the application here that they are dealing with now. That's my feeling. But like you said, I don't want to open a Pandora's box for every person to come in here that's going to try to get a license, the husband and wife. MR. OSSORIO: Mr. Chairman, just, you know, there's other restrictions. You can place restrictions versus commercial buildings to residential, since they're from different particular codes. So if you feel more comfortable on only residential units, that would be something you can look at. CHAIRMAN DICKSON: That can really cripple somebody. MR. JOSLIN: Yeah, because they're working for Kraft, they're working for some pretty big companies that do high-rises too. CHAIRMAN DICKSON: To me drywall is drywall, whether it's 20 stories or one floor. Page 19 August 20, 2008 MR. JOSLIN: And when you look at it on another point, I suppose putting up drywall is not something that's going to be that detrimental to the community, should something happen. I mean -- MR. OSSORIO: Mr. Chairman, there is difference in drywall. You know, when you do fire base -- you say that drywall is drywall, I'm sure the Fire Marshal and the Fire Plans Examiner have a different opinion, of course. MR. JOSLIN: Well, right. MRS. LOPEZ: He does have a lot of experience in firewall, too. The last job he did for Wall Systems was North Collier Hospital. MR. LYKOS: It seems like in reviewing this packet that your husband has a tremendous amount of experience in the field. You have a lengthy background in the administrative part of running a business. And I think maybe what we need to do is set some restrictions where both parties are involved the business. If they were to operate independently of each other, then I think the whole thing breaks down. MR. JOSLIN: Right, I agree. MR. LYKOS: I think they need to stay -- that the business needs to have both parties involved. I don't want -- I'm not anticipating this happening, but if either one of you were to try to do this on your own, I think it breaks down. MRS. LOPEZ: Oh, no, he could not do it without me and I cannot do it without him. I'm from Argentina and like we say, it takes two to tango, so -- CHAIRMAN DICKSON: Anybody want to make a motion? MR. HERRIMAN: I have a question. Are you involved in or do you want to be involved in commercial, or is residential 100 percent of your -- MRS. LOPEZ: Well, to tell you the truth, he have both experience, but a lot more in commercial than residential. Like I said, the last one he did is North Collier Hospital, since he started with Wall Page 20 August 20, 2008 System. Because Wall System have three different companies. PBS is the one who do residential, custom homes and Wall System do the more commercial: School, hospital, office. And he was with Wall System and he has a lot of experience with more commercial than residential. But actually we do both. We want to do both. CHAIRMAN DICKSON: Somebody want to go? MR. HERRIMAN: I'd like to make a motion that we grant her a probationary license, providing that both she and her husband are working together, and that they would never work separately without each other, and that they would be allowed to do residential and commercial. CHAIRMAN DICKSON: How long? MR. HERRIMAN: With a probationary period of one year. MR. LYKOS: I'll second, Lykos. CHAIRMAN DICKSON: Discussion? MR. JOSLIN: In the corporate minutes, is there anything in the corporate minutes that says that they're both involved in the corporation? I didn't pick that up. MR. LYKOS: Good question. I don't remember. MR. JOSLIN: If not, then they should be, for sure. MR. LYKOS: They're both listed as officers and managing members of the firm. MRS. LOPEZ: Yes, as a 50/50. MR. JOSLIN: Okay, that's fine then. MRS. LOPEZ: I don't let him get away from any more. CHAIRMAN DICKSON: Mr. Neale, is that a legal motion? Restriction, legal restriction? MR. NEALE: I think you can probably restrict as to who's involved in the business, to make sure that they're both in there. Even though she's the license holder, she's fully responsible, but I think certainly it's within the purview of the board to say that they would have to be both involved in the business for this to go forward. Page 21 August 20, 2008 And then the board, you know, in one year's time will review their operations during the probationary period, and if the board feels that it's been operating satisfactorily, then the board can remove the probationary period and grant them an unrestricted license at that point. So this is going to come back to the board in a year from now anyhow. CHAIRMAN DICKSON: Does it automatically come back? MR. NEALE: It should. MR. JOSLIN: Do we have to put it in the motion? Should it be put in the motion? MR. NEALE: Yeah. Even though it's a one-year probationary period, you know, I think stating that the board wants to have it back at a meeting one year from now for review of the operations, I think that would be perfectly appropriate. CHAIRMAN DICKSON: You want to amend your motion to that? MR. HERRIMAN: Yeah, amend it to have the probationary period be reviewed in one year. CHAIRMAN DICKSON: Is there a second? MR. LYKOS: I second the amendment. MR. JOSLIN: One last item. And should, in that one-year period that you've motioned to do, should they at some point separate, then their business would come before the board immediately and cease? MR. NEALE: Yeah, I mean, if they were to operate independently, I think. We don't want to get into their marital status or anything like that, but if they were to be operating independently, then it would immediately come back to the board for review, yeah. MRS. LOPEZ: That's good. CHAIRMAN DICKSON: Okay, I've got a motion. Everyone understand it? Any discussion? Page 22 August 20, 2008 (No response.) CHAIRMAN DICKSON: Okay, call for the vote. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. JOSLIN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: You got unanimous. MRS. LOPEZ: Thank you so much. And I won't be a failure. CHAIRMAN DICKSON: Well, we got him tied down for the rest of his life. You can't go to Maggie today, because all of your stuff is here. But you can go to Maggie tomorrow, okay? MRS. LOPEZ: Okay. CHAIRMAN DICKSON: Okay? MRS. LOPEZ: Okay. CHAIRMAN DICKSON: Do well. MRS. LOPEZ: Thank you so much. And I'll be seeing you guys in a year. Have a nice day. CHAIRMAN DICKSON: Joseph Hollatz. I hope I said that right. MR. HOLLATZ: It's Hollatz. CHAIRMAN DICKSON: That's partially close. I'll have you state your name and then I'll get it. MR. HOLLATZ: Joseph Paul Hollatz. CHAIRMAN DICKSON: Hollatz. And I'll have you sworn in, Page 23 • August 20, 2008 sir. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, we're also here about work affidavits. What was your problem with these, Mr. Ossorio? MR. OSSORIO: Mr. Chairman, if you look at the affidavits and read the affidavits, on the face of the application it doesn't meet the spirit of what license he is petitioning: Roof coat, roof painting, roof cleaning. Unfortunately he's done a lot of pressure cleaning, but it doesn't show on his affidavits that he's done any roof coating, roof painting or roof cleaning. I believe Joseph's here today to talk to you about maybe that he has the experience, and then the board can issue him the license, if they feel comfortable. CHAIRMAN DICKSON: Can I ask you a question? MR. OSSORIO: Certainly. CHAIRMAN DICKSON: Who in the world is Prometric? MR. OSSORIO: It used to be Thomson Prometric, now it's Prometric. And it used to be Block and Associates and then before that it was Experior. So there's a -- it's that they've been bought out. MR. NEALE: It's what used to be the Block exam. CHAIRMAN DICKSON: Okay. MR. OSSORIO: If you actually look at his affidavit, he has great credit. I have no problem with that, obviously. But on the verification of construction experience, if you look at what we look at for roof coating, roof painting, basically says he's worked on a farm, done, you know, that kind of stuff. And I can restrict him to do pressure cleaning only but not roof coating, but that's something that's up to the board wishes to do (sic). CHAIRMAN DICKSON: I see this first one, it said it included power washing and painting. MR. OSSORIO: That's not specifically to roof coating, roof Page 24 August 20, 2008 painting. MR. HOLLATZ: Could I make a statement? These people, you know, they're from Minnesota, and I had been on roofs, I've done roofs, I've done silos. Like they didn't really understand, you know, being not from Florida, that up in Minnesota, I mean, you don't need a license for everything, and I'm saying that respectfully. And I told them, you know, this is what I'm trying to achieve, this is what I'm going for, it's for roof cleaning. And, you know, I sent them the paperwork. You know, they're busy people, they filled it out, I got it back. I was nervous about what they had written myself because I was -- that it wasn't going to get approved. But I submitted it anyway, hoping that it would be approved. So I do have another copy that's rewritten by one of my former employers that he rewrote for me, if I could hand that out, if that's okay. CHAIRMAN DICKSON: Yeah, go ahead. MR. OSSORIO: And the reason why we bring this to the board is that we have been getting complaints on roof cleaning, roof painting contractors conducting their business on the rooftop area on tile roofs and breaking -- and there is some kind of an on-the-job training experience you need when you do roof coating, roof cleaning. You just don't want anyone up there on your tile roof or your barrel roofs, whatever it is, hosing it down and doing some work. CHAIRMAN DICKSON: Just means more work for me. MR. OSSORIO: How do you think roofing contractors have that ability to do that, I wasn't sure. CHAIRMAN DICKSON: That's why I don't clean roofs. But I do have some that create a lot of work for us. I'm a roofing contractor, okay. What are you going to spray up there? What are you coating Page 25 1 ' August 20, 2008 with? MR. HOLLATZ: I really just want it for power washing is what I want to do, and possibly bleaching. Because I had done my father-in-law's roof, kind of experimenting before I get this license, if I get it, that I would possibly do bleaching. But the painting, that I wouldn't be doing. CHAIRMAN DICKSON: So you're just going to clean. MR. HOLLATZ: I just want to clean the roofs is all I want to do. MR. LYKOS: Does this license include painting? So even though he only wants to do power washing, the license allows him to do painting? MR. OSSORIO: Painting on rooftops, yes, to coat the roof, just in case. We have -- many times in the past we have -- this is one of the areas that we actually under the code we do, as a supervisor, I do restrict if I feel that this particular person doesn't have that ability, I just restrict him to roof cleaning. And that's up to him. If he decides that, I have no problem. We'll just dismiss this particular aspect of it and we'll proceed with the restriction. So the board doesn't have to make any action. CHAIRMAN DICKSON: Is that all you want to do is pressure clean? MR. HOLLATZ: Yes. CHAIRMAN DICKSON: Good. Because this other stuff that's getting sprayed -- MR. HOLLATZ: Yeah, like anything else, I don't want to do something that I've never done. I don't want to, you know, make any mistakes on anyone's roof, you know. I have people, because I am in business currently, ask me oh, can you do some plumbing? No, I'm not going to touch it, because I don't know it, that's not my ability. So all I want to do is what's in my ability and help people out. Page 26 • August 20, 2008 CHAIRMAN DICKSON: Good. MR. OSSORIO: Mr. Chairman, that last affidavit, does it say roof cleaning on there? CHAIRMAN DICKSON: Yeah. MR. OSSORIO: No problem. Then that's all we need, and we will proceed with his restriction. And then if he does show experience in upcoming years, whatever it is, we can look at that at a different hearing. CHAIRMAN DICKSON: You're done. MR. HOLLATZ: Thank you very much everyone. CHAIRMAN DICKSON: If I can stop some of this stuff that's being sprayed on these roofs, I'll take a chance at that any time. Junk. Kyle Green. Good morning, sir. If you'll come up here, I'll have you state your name and we'll have you sworn in. MR. GREEN: My name's Kyle Green. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, the only thing we're looking at is your credit report. You've got some items in there, tell us about them. MR. GREEN: It's not good. I haven't -- CHAIRMAN DICKSON: Believe me, we've seen bad. MR. GREEN: My credit was worse a year ago. I've improved it by over 100 points in the past year. Right now it's at 650. Before it was like under five. I'm working on it. You know, I'm -- I understand that business involves people giving you money and giving you credit for materials and things like that, so it's probably a concern about my credit. So what I'm asking for is just a probationary license to do business so that I can make some money and continue to pay these things off, and then maybe in a year come back and show you a more improved credit report. CHAIRMAN DICKSON: Yeah, but you're asking for it in Page 27 August 20, 2008 probably the worst trade for what we've had problems with. People that take cabinet deposits of 80 percent, we never see them again. So you know where we're coming from, okay? MR. GREEN: Well, yeah, yeah, I understand. CHAIRMAN DICKSON: It's constant. MR. GREEN: You know, I have a -- my corporation, I have a partner also in the corporation. He's not actually doing any business over here, he's just a partner in the business. He actually lives on the east coast. But he has better credit. Would that help anything? MR. JOSLIN: Yeah. CHAIRMAN DICKSON: Can he pass the test? He could do a financial responsibility officer, couldn't he, Mr. Neale? MR. NEALE: No. CHAIRMAN DICKSON: We stopped that, didn't we? MR. NEALE: Collier County doesn't have it. CHAIRMAN DICKSON: Yeah. MR. GREEN: Well, I have made arrangements with a couple of companies. If you look on the pages after the credit report, I've made some calls, and I'm actually trying to get this stuff paid off. The first two I think I can have paid off in a few months, and that's two, you know. And then there's more down the line. But I can only -- CHAIRMAN DICKSON: Let's see how bad you are. I mean, first of all, I'm still going through it. I mean, I'm seeing Dish Network, $90. It's like okay, big deal. MR. JOSLIN: Really. CHAIRMAN DICKSON: Where is the bad stuff? MR. GREEN: Well, I don't know. MR. JOSLIN: Another I guess amazing question is all these little bills around here for the $90, the 350's and the 400's, where did they all come from and why? I mean, what's the reason why this all is behind you or you're having a problem with it? Page 28 August 20, 2008 MR. GREEN: Well, that was a few years ago I had some problems. CHAIRMAN DICKSON: AFNE is a bill collection agency. MR. GREEN: Correct. CHAIRMAN DICKSON: And they buy receivables for next to nothing -- MR. GREEN: Sure. CHAIRMAN DICKSON: -- and make you all sorts of deals to settle them. MR. GREEN: Right. CHAIRMAN DICKSON: So you've gotten lots of notices where they'll take a third or something like that. MR. GREEN: Right. CHAIRMAN DICKSON: Okay. MR. GREEN: So that's what -- I'm trying to clean it up as we go, you know. CHAIRMAN DICKSON: But this is all that's out there? We're looking at 300, $90, $800? MR. GREEN: No, there's a few more. I have a GMAC for $6,000. CHAIRMAN DICKSON: Now you're talking. MR. GREEN: That was a -- I couldn't make the payments, I guess, and they took the truck and they sold it and that's what they got for it, less what I owed. I guess I was upside down $7,000. I actually have been paying on -- I've paid on that. It was higher before, and -- you know, I need to get my credit cleaned up anyway, because I'd like to buy a house soon, I'd like to actually -- I'm actually trying to get a state contractor's license, which is the test that I did -- I passed the state test, and my license is under review at the state right now for a state contractor license. But in the meantime, who knows how long that will take because of this, of course. And in the meantime, I still would like to be Page 29 August 20, 2008 able to do business. CHAIRMAN DICKSON: Okay, Capital One, $800. Tallahassee Utilities, that's a shocker. Yeah, we're finding them. Road loans of 15,000? MR. GREEN: Well, I'm paying that. That's good. CHAIRMAN DICKSON: Yeah, you've got some kickers in there. MR. GREEN: The road loans is my vehicle. Right now I'm paying it. Everything that I'm doing now, I'm paying. I have credit cards that I pay every month on time. I have my car loan. Educational loan is down there at the bottom on Page 2 that I pay -- or that are current or whatever, everything's as agreed on those ones. It's a few years ago are the collections, they're just -- I need to -- I'm cleaning them up as we speak, but it's just taking me time. CHAIRMAN DICKSON: As credit reports go, they come before this board, and you're calling yours bad? It doesn't hold a candle to some of the bad ones we've seen. I'm not making light of the fact that you're in collection on some issues, but this is not insurmountable at all. MR. GREEN: Correct. CHAIRMAN DICKSON: You can get out of this within a year. MR. GREEN: Sure, yes, I think so, too. I just have to put my nose to the grindstone and put the money where it needs to go. CHAIRMAN DICKSON: How did you get in trouble? MR. GREEN: For -- CHAIRMAN DICKSON: Was there a woman involved? MR. GREEN: Yes. CHAIRMAN DICKSON: Like a divorce? MR. GREEN: No, just -- CHAIRMAN DICKSON: I'm not being prejudiced there. It's usually I hear the divorce or something going on. Page 30 1 1 August 20, 2008 MR. GREEN: It wasn't really a divorce, but it was definitely a woman involved. MR. JOSLIN: We'll leave it at that for the moment. MR. LYKOS: What are you doing for income now? MR. GREEN: Right now I'm not doing anything. I'm sitting on my butt waiting on my license. I thought the state license would be here by now. I didn't realize it would be such a process, and so that's why I'm trying to get this one. Before I was in business with my father, working under his license. He has a carpentry contractor's license. So -- but that's not working out because we're not really seeing eye to eye, so I have to get my own, which is why I went to get the state license. I passed the test, I went to school, everything. My scores are actually in the -- CHAIRMAN DICKSON: They're good. MR. GREEN: -- in the packet. But like I said -- CHAIRMAN DICKSON: He's got a 98 and a 90 -- MR. GREEN: -- the state's taking forever. And I think they're going to be longer. And I'm going to have to go appear in front of the board for the state too for this same thing. So this here I can get and get back to work, whereas the state is going to be months. And I think I still have to get the license here, too, right, after I get it through the state, I still have to come back here and do things, no? MR. JOSLIN: All you have to do is just register here if you get the state license. MR. GREEN: Yeah, hopefully I will. MR. JOSLIN: If you get the license here for this, you would pay it -- MR. GREEN: But it's months. CHAIRMAN DICKSON: Where is your dad's business? MR. GREEN: He's -- it's not in this packet, but he's here in town. CHAIRMAN DICKSON: That's what I meant. Page 31 August 20, 2008 MR. GREEN: Right. CHAIRMAN DICKSON: What's the name of it? MR. GREEN: It was called Wood Wizards was the company that we were working on together. He's actually a superintendent for another contractor. But a few years ago he was his own carpentry contractor, and so we were doing some work together. But like I said, it didn't really work out. CHAIRMAN DICKSON: Mr. Ossorio, what's the department's feeling? MR. OSSORIO: Mr. Green got a citation. He paid it; am I correct? MR. GREEN: Yes, sir. MR. OSSORIO: And his credit is not that bad. I'd recommend that we put him on some kind of a probationary period for six months or a year. CHAIRMAN DICKSON: Did you see his test scores? MR. OSSORIO: Yes. CHAIRMAN DICKSON: Brilliant. MR. GREEN: Thank you. MR. HERRIMAN: It's really a minor credit report except for that car loan down here with GMAC. CHAIRMAN DICKSON: Yeah, there was one that was 15,000, though. MR. HERRIMAN: He's on target for that, as agreed. That's that road loan for his new car. He's as agreed on that. CHAIRMAN DICKSON: Oh, okay, you're right. MR. HERRIMAN: He could clear up these piddly ones in a week and then work on that GMAC that he got upside down on. It's a good credit report except for those little things. MR. JOSLIN: I think I would like to see probably some improvement still if we granted something, a temporary or a probationary license for the year period. Maybe two six-month Page 32 August 20, 2008 intervals of bringing another credit report in just to make sure that he is working and the credit report is coming up. CHAIRMAN DICKSON: Yeah, good idea. Is that a motion? MR. JOSLIN: I'll put it into a motion, yes. CHAIRMAN DICKSON: Did you get that? THE COURT REPORTER: Yes. CHAIRMAN DICKSON: Approved with two -- MR. JOSLIN: For a one-year probationary license with two six-month intervals where he'll bring a credit report in to staff to monitor that credit report. And if there's an improvement in it, then it will go another six months. It's a year probation, then it will be a true license. MR. HERRIMAN: I second that. CHAIRMAN DICKSON: Doesn't have to come back? MR. JOSLIN: No. Not if it's improved in the credit and he's working on paying them off. CHAIRMAN DICKSON: Everything's clean, yeah. MR. GREEN: Okay. CHAIRMAN DICKSON: Discussion? Comments? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. JOSLIN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? Page 33 August 20, 2008 (No response.) CHAIRMAN DICKSON: You're good to go. MR. GREEN: Thank you very much. CHAIRMAN DICKSON: Now, you can't do this till tomorrow, remember. MR. GREEN: Right, yes. CHAIRMAN DICKSON: So enjoy your last day off. I think you'll do well. MR. GREEN: Thank you, sir. CHAIRMAN DICKSON: But just treat people right. MR. GREEN: I will. MR. JOSLIN: Ninety-eight on the test. Are you sure you took that test yourself? MR. GREEN: Yes, sir. MR. JOSLIN: Just checking. CHAIRMAN DICKSON: You don't want to come back here. MR. GREEN: No, sir. CHAIRMAN DICKSON: Okay. Good luck. MR. GREEN: Thank you very much. Old business. Public hearing, 10:00. We're still good to go, aren't we, everybody? Let's get them started. MR. OSSORIO: Mr. Chairman, can -- maybe go out of order. Can we take David Johnson first since Paul Riddleberger might take an hour or so. Maybe Mr. Johnson would come first. Do a quick one first and then if need be, we could take a break before we do the last case. CHAIRMAN DICKSON: Okay, David Johnson, are you here? If you would, sir, come up to the podium. And anybody -- I need to -- you're going to offer testimony? Mr. Ossorio, are you going to offer testimony? MR. OSSORIO: No. Page 34 August 20, 2008 CHAIRMAN DICKSON: Okay, can we swear them both in at the same time? If you would state your name. MR. JOHNSON: David Johnson. CHAIRMAN DICKSON: Ian, come back and state your name. MR. JACKSON: Ian Jackson, License Compliance Officer for Collier County. CHAIRMAN DICKSON: Can I have you both sworn in. (Speakers were duly sworn.) CHAIRMAN DICKSON: Let me tell you how this works. It kind of like a courtroom, but not really. We'll start with an opening statement, just kind of this is what happened, but no details, okay? And then both of you will do that. Then the county will present their evidence and call witnesses, if they want. After they're finished with the witnesses, you can ask those witnesses questions as well. Still with me? Then at that point you present your case. County can do the same thing. They can ask you questions or they can ask your witnesses questions. After that's all said and done, we'll have like a closing statement, and then we shut off the public hearing, which is basically a veil comes down, we've heard all we want to hear unless we think of something later we might ask you. But you basically hear us deliberate and find out whether you're guilty or not guilty, and if you're guilty, what the penalties are going to be. With me? MR. JOHNSON: Yes. CHAIRMAN DICKSON: Okay. With that, let's start with just opening statement. Mr. Jackson. MR. JACKSON: Thank you. This case involves Mr. Johnson -- first of all, I'd like to enter the packet into evidence, if I could. CHAIRMAN DICKSON: Okay, go ahead. I have a motion to move the packet into evidence. Page 35 August 20, 2008 MR. JOSLIN: Second -- CHAIRMAN DICKSON: All those in -- MR. JOSLIN: -- oh, sorry. Make a -- CHAIRMAN DICKSON: I'll do the first, and you do the second, okay? All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. HORN: Aye. MR. JOSLIN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. That was this packet here. Okay, go ahead. MR. JACKSON: Thank you. This involves David Johnson conducting his business with a workers' comp. exemption for himself and having employees working with no workers' comp. coverage. I'll be the only witness for the county. So I'll leave that as my opening statement. CHAIRMAN DICKSON: Okay. Mr. Johnson? MR. JOHNSON: Yeah, that's true. I couldn't get any. I mean, I have it now. Until -- I have two letters here that -- I have my liability insurance with -- I can't even think of their name now -- Oswald Tripp, sorry. And he tried for over a year through everybody they know to get me workmen's comp. And he has this letter here with what his findings were. And then I have another letter of-- because I lost a lot of business from not having it. And Centex Homes, through their insurance people, tried to get it for me, because they wanted me to do work for them and I couldn't Page 36 August 20, 2008 because I didn't have it, along with other places sending me stuff; wanting me to work with them and I couldn't unless I had workmen's comp. And everybody that I went to gave me their insurance company to try with them, and no one was issuing it to new people unless you had insurance before. And then one company actually -- if you had eight or more employees and done over 150,000 in payroll, then they would. But I didn't meet that criteria. Everybody else was as long as you worked on the ground. You working in the air, no one would issue it. And then finally after me and Ian talked again about this, whenever we had the meeting in his office, that's whenever Jeff Campbell was still working on it at that time, because I went to him one time, he worked on it for like six months, then he told me to go explore all the avenues of the staff leasing, you know, and all the employee leasing, which I did and then came back to him because they wouldn't do it either. I mean, they'd lease you their employees once again to work on the ground. Their employees weren't allowed to work off the ground and you couldn't use them anyway because they had no experience, you know. You just can't take somebody from them and put them in a tree off the ground with no experience. CHAIRMAN DICKSON: What you're telling us, Mr. Johnson -- I'm kind of letting this go because I think we're going to handle this case kind of quickly through brevity. We all understand that, and we fully are aware of it and we don't doubt what you're telling us. MR. JOHNSON: I mean, I have it now, I was able to get it finally -- CHAIRMAN DICKSON: How did you get it? MR. JOHNSON: I got it through -- I can't even think of their name right now. CHAIRMAN DICKSON: Can I take a look at it? Can I Page 37 August 20, 2008 introduce that as Exhibit A? You want to mark it? Give it to her, if you would. MR. GREEN: Here's the two letters and workmen's comp. CHAIRMAN DICKSON: I don't need the two letters, just the workers' comp. things. You care if I do this, Michael, handle it this way? MR. OSSORIO: No problem. MR. GREEN: When I first got the workmen's comp., I had to get it and keep my guys on the ground because she wouldn't do it off the ground either. And then another person found a Crum that's out of state and they would do it off the ground. So I went to them and they gave me an estimate -- CHAIRMAN DICKSON: You're talking Crum Insurance? MR. JOHNSON: Yeah. CHAIRMAN DICKSON: Good company. MR. JOHNSON: Yeah. Then I brought it back to her, which is Triple A, AAA, whatever, Leasing -- Staff Leasing. I took it back to her and I was with her about a month at that time. And then they reviewed it and -- because she said it was the same code, whether you were on the ground or off the ground, just they had a stipulation that for them to cover you being off the ground she was the same as that other company, you had to be over $150,000 and had insurance before. But then they reviewed it and being I was with them for a month or two, then she switched me -- so she didn't lose me to Crum, she switched me and covered me being in the air to where then the guys could work in the air, you know, being above the ground working on ladders or buckets or spikes or whatever. CHAIRMAN DICKSON: Have you got that marked yet? MR. JOHNSON: But before that -- CHAIRMAN DICKSON: Give her that sheet. Okay, you've got to stop talking. Have you not got this down to Page 38 August 20, 2008 one hand? No, we're aware of the problem. It's absolutely a terrible situation. It's getting better. MR. JOHNSON: Well, since the economy went bad, that's how she told me she was able to do it now, which before she said she wouldn't have considered me before. But now that the economy's the way it is -- CHAIRMAN DICKSON: And the county's doing their job, so you can't fault them. The state has laws that they have to enforce and we can't ignore. But I know exactly what you're talking about, people that couldn't get insurance. MR. JOHNSON: Yeah, I lost a lot of business due to it and -- that I couldn't even work for people. It wasn't that I wanted -- it wasn't that I felt like I had to get it to surpass -- you know to satisfy Ian. It had nothing to do with that. I wanted it for myself. I know a lot of companies that just don't want it because they think it's too expensive. Most of my work is in Collier County. I wanted it because everybody, you know -- 50 percent of the people that wanted me to work for them request it. So I lost a lot of business that I couldn't do nothing about as I was trying to get it -- MR. JOSLIN: We need to clarify one thing first, that this is not something that whether you want it or not, this is something that is required. MR. JOHNSON: I know, that's what I was saying to Ian. I'm like, Ian, what am I supposed to do, I've tried for a year and -- CHAIRMAN DICKSON: Okay, calm down. Go ahead, Richard. MR. JOSLIN: No, that's what I was just saying. This is just a -- when you have this type of a license, this is an insurance that it is required for you to have, not something that whether you want it or not or other companies that want it or not. If there are other companies out there that are doing this without workmen's comp., then I'm sure at Page 39 August 20, 2008 one point Mr. Ian or Mr. Ossorio will find them. CHAIRMAN DICKSON: Okay. This one, it's out of-- it is good. It's a company out of Dallas, Texas. Michael, you want to see this? MR. OSSORIO: No. CHAIRMAN DICKSON: Okay. So he's got -- he's covered now, which -- MR. JOSLIN: This is a policy directly through you? I mean, you pay the premium on it, or is it done through a payroll company? MR. JOHNSON: The payroll company. Staff Leasing, AAA something, Staff Leasing. MR. JOSLIN: So this is a certificate that Staff Leasing furnishes you to your employees -- MR. JOHNSON: Yes. MR. JOSLIN: -- when you are on their payroll and you are going through them as a payroll entity? MR. JOHNSON: Well, they issue the checks and everything, yes, to the employees. CHAIRMAN DICKSON: He's got an employee roster here attached to the policy. MR. LYKOS: Let's not lose track of three important issues. One is this is the second citation. So this is not the first time that this has come up. Second point is even though this is a difficult situation, you still put your employees and your clients at risk. The third point is that there are ways to be able to operate without workers' compensation insurance, and that's to be workers' comp. exempt. MR. JOHNSON: I am, yes. MR. LYKOS: I understand. So even though workers' comp. insurance can be difficult to obtain, you can still operate a business without it if you have to. The fact that you operated with employees Page 40 August 20, 2008 without workers' comp. under these circumstances means that you chose to put other people at risk and you didn't choose other options that would allow you to operate within the law. MR. JOHNSON: I'm sorry. If I could ask you, what other options are you speaking of? I mean -- MR. LYKOS: Well, you operate without employees or the employees that you have become part owners of the company. What's the -- Michael, you can have three -- CHAIRMAN DICKSON: Ten percent. MR. OSSORIO: There's a couple things. Tree service contracting is considered non-construction. So if you have three employees and you're not cutting the tree down, that's considered non-construction. If you have three employees and you're cutting the tree down, that is construction, so therefore you would need a first employee. The other option is that you can do 10 percent ownership of the corporation. So in other words, if you have three employees, they can be 10 percent owner of the company and they can be exempt as well. So technically you can have three people exempt and three people trimming trees, so you could have up to six. I don't know where Mr. Johnson's getting that he's unable to get the insurance. I did call around and I talked to a lot of tree companies in town and they said no, it's pretty reasonable, you can get tree insurance these days. Two or three years ago, it probably wasn't -- it was very difficult. Tree insurance is typically very expensive. The code is 0106 insurance and that is a big issue with these tree contractors, because they want to make sure these tree companies and landscapers are in the right category. And I'll give you an example, that a couple of years ago we heard a case, Tropical Tree, before you got here, for workers' comp. violation. You fined them and penalized them. They got insurance. Three years later somebody died on their job site. They called and Page 41 August 20, 2008 they thanked us for doing this, because if they did not get the insurance, the homeowner would have been at risk and the company would have been at risk. So the employee was covered. We take tree service contracting and workers' comp. very seriously because that is a job that is very dangerous. People die from that. And Mr. Johnson has been issued a citation before for working without it. He had six employees on a job site, put the homeowner at risk. And just imagine that Mr. Johnson did get -- there was an issue where somebody got harmed and the county, somebody found out that the county, we issued a citation and yeah, he didn't have any insurance and we did nothing about it. So there's a liability issue for the county -- MR. NEALE: If I can bring up a point. We are in hearing mode, and Mr. Ossorio is offering testimony and he wasn't sworn. And, you know, the -- you are only to decide on evidence presented here at this hearing on this particular case. So while what Mr. Ossorio said may be interesting, unless -- and it is purely hearsay. So while it may be interesting and a good point he made, the board would be well advised to only consider it as being hearsay. CHAIRMAN DICKSON: Which we can accept. MR. NEALE: But not as the sole evidence. CHAIRMAN DICKSON: Oh, no, not as the sole evidence. MR. NEALE: It can be brought in as additional testimony. But at least if Mr. Ossorio is going to testify, he should be sworn. CHAIRMAN DICKSON: Let me get you sworn in. (Speaker was duly sworn.) CHAIRMAN DICKSON: Go ahead. MR. OSSORIO: No, I'm finished. I just want to make the -- you're absolutely right, Mr. Neale. I did ramble a little bit. Page 42 August 20, 2008 CHAIRMAN DICKSON: Are both these tickets paid? MR. JOHNSON: The citation from February '07 was paid. There was no citation issued in this circumstance. Because of the previous citation, I scheduled it to come before the board. CHAIRMAN DICKSON: Okay. What is -- I'm kind of-- I'm really leap frogging forward here, because you've admitted to it and we're not following the same procedure as before. Let me ask some questions. I'll come back to you, we're not finished with you. What is the recommendation of the county? MR. JACKSON: I think what the board needs to bear in mind is consistency and being consistent with previous violations of the same caliber. CHAIRMAN DICKSON: Which means what? MR. JACKSON: I believe previous decisions were probationary period, retesting. I recall the last two fines, I believe, were $3,000 and $4,000. CHAIRMAN DICKSON: Okay. MR. OSSORIO: There is also a class in workers' comp. And we do -- the CBIA puts a class out for workers' comp., and it was one of the things that he would have to take a class in workers' comp., take the business procedure test again, probation, and pay a civil penalty of $3,000 and $250 for investigation costs. CHAIRMAN DICKSON: And didn't we have -- of course we grandfathered in every tree trimmer. But if they came before the board or they relicensed, they had to take those arbor classes; is that right? MR. OSSORIO: Well, he is -- CHAIRMAN DICKSON: Remember that? MR. NEALE: I remember that, but I don't know whether that was ever formally adopted. That was something that they wanted everybody to take, the certified arborist courses, but I believe this board did not require that, nor did the county in the redo of the Page 43 August 20, 2008 ordinance require that. MR. JOSLIN: I think we grandfathered them in on that situation, but -- MR. OSSORIO: Yeah, we did. If you had a tree license you were -- Mr. Johnson is grandfathered in for taking the exam. If he let his license lapse for 13 months, he would take the tree exam. But I don't think we're here to talk about his tree trimming ability. I mean, I'm sure he knows how to trim a tree, he's been doing it for a long period of time. It's just the business part of it. So no, I don't recommend him taking the arborist exam, which if it was a new license, he would have to. CHAIRMAN DICKSON: Gotcha, okay. Mr. Johnson? MR. JOHNSON: I just want to say, you know, I know I wasn't supposed to be working without it, of course, but it wasn't like -- I mean, you know, saying that I wasn't trying that hard to get it, you couldn't even imagine how hard I tried to get workmen's comp. for two years. And that's why these -- I brought these letters in. So I mean, you could call Jeff Campbell with Oswald Tripp to see how hard -- and the companies he listed here that he tried. No one would do it. I mean, I -- you wouldn't believe the amount of days and nights stressed out trying to get workmen's comp. It wasn't like oh, well, I don't have it, I don't need it attitude. No, I wanted it. I needed it. It wasn't like you said, just wanting it, I knew I needed it. But no one would issue it. I mean, no one. Until I found this lady recently. And she told me that if I'd approached her two months ago, she wouldn't have done it. Ian, what was our conversation in your office? I asked you, I'm like, how am I supposed to get something that's not offered to me? CHAIRMAN DICKSON: The thing of it is, that doesn't take state laws and put them on hold. Page 44 August 20, 2008 MR. JOHNSON: No, I understand. I'm just saying, it wasn't that I wasn't wanting to, you know, thinking I had to have it, of course I knew it was important. But at the same time, to be perfectly honest with you, if I didn't work, I would be sleeping in a ditch. You know, I've got to pay my house payment, I've got to eat. MR. JOSLIN: With six people on the job? MR. JOHNSON: With me by myself doing trees like Ian saw us do, you have to have trained people. You can't just bring in somebody that don't know what they're doing, then you're being irresponsible and putting people in danger. MR. LYKOS: Well, you put people in danger by not having workers' compensation insurance. MR. JOHNSON: I understand. I understand that. I mean, I'm not saying that. I'm just saying as for bringing in people -- like I could have got people from Staff Leasing, you know, that didn't know anything, that could rake, and put them on the job site saying they were covered, even though they wasn't covered in trees. But it would have been dangerous. I wouldn't do that to somebody because they wouldn't know what they were doing. They'd be at risk. And I understand what you're saying that without it you're at risk, of course. But with somebody that is not trained, they couldn't do it. I mean, they'd cut their hand off with a chain saw even just starting up a chain saw, besides a tree falling on them. They've got to be trained. MR. LYKOS: As license holders, we have an obligation to the community and the people we serve, and there are no excuses for abandoning that obligation. MR. JOHNSON: No, I understand that perfectly. I'm not disagreeing with that -- MR. LYKOS: Obviously you don't understand that. Obviously you don't understand that obligation. MR. JOHNSON: The only thing I'm stating is that believe me, I Page 45 August 20, 2008 tried and tried and tried to get it my very best with everybody possible, calling companies. CHAIRMAN DICKSON: Okay, and we've -- you've really, you've stated that very well, and we don't need to keep pounding that. We've heard it five or six times, okay? Enough. MR. JOSLIN: The fact that -- the fact does remain, though, is that -- my point blank question to you is that you were and you did have men on the job without workmen's compensation insurance, correct? MR. JOHNSON: Yes, I did. MR. JOSLIN: That's all I wanted to hear. CHAIRMAN DICKSON: County have anything else to present? MR. JACKSON: I have nothing else. CHAIRMAN DICKSON: Do you have anything else new to present? MR. JOHNSON: No. CHAIRMAN DICKSON: Do I hear a motion to close public hearing? MR. JOSLIN: Motion to close public hearing, Joslin. CHAIRMAN DICKSON: Second? MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Okay, gentlemen, you can sit down. First thing out of the bat is basically I just -- I need a motion. I Page 46 August 20, 2008 mean, he admitted to -- he was guilty of it, we're not even questioning that. But for the legalese of the procedure. MR. JOSLIN: I'll make a motion that in the Case No. 2008-12, Board of Collier County Commissioners versus David L. Johnson, that he be found -- Mr. Johnson be found guilty -- I'm sorry, of d/b/a Johnson's Tree Service and Stump Grinding, Inc., also be found guilty on Count 1, 4. 1 .6, disregards or violates in the performance of his contracting business in Collier County any of the building safety, health, insurance or workmen's compensation laws of the State of Florida or ordinances of this county. CHAIRMAN DICKSON: Do I hear a second? MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: Discussion? MR. JOSLIN: He's pretty well admitted that he is guilty of the charge. CHAIRMAN DICKSON: Yeah. All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: Mr. Neale, one thing I wish we could do for whoever the new chairman is going to be is to eliminate the need to read this legalese every time. You do an order and your order states every bit of this. Why can't we make your order as part of the minutes? Page 47 August 20, 2008 MR. NEALE: We could do that, I guess. I mean, what -- the important things is that, you know, the ordinance itself does say that the order is to be issued from the dais, from the board. But if the board issues the fact that it has, you know, found them guilty and has, through its deliberations, found certain sanctions and has operated under procedure, I think what the board could probably do is reference the normal form of order as being -- as being met, and then just read the specifics as to that case. I would think that would be okay. Mr. Zachary, you? MR. ZACHARY: I think I agree if you reference -- MR. NEALE: Yeah, the normal form. MR. ZACHARY: -- the normal form of the order. MR. NEALE: Yeah, because -- I think it's important, because there are a lot of elements to this order that need to be brought into the record in that the proper service was made and that the decision was made solely based on the testimony brought here at the hearing, that they were present, that they did not represent -- and those kinds of things are the normal findings in the order. So I think we could probably come up with a short form where the board would say, you know, the chair of the board, and would be adopted by the board, that the elements of the standard order of this board are hereby incorporated and adopted similar to the way the board incorporates and adopts the administrative complaint. I think if they incorporated and adopted that order, we could probably do that. But let me and Mr. Zachary work on a little language between -- CHAIRMAN DICKSON: So as far as today is concerned -- MR. NEALE: I think if you said, you know, that the board hereby incorporates and adopts the standard form of order and thereby finds him guilty and then we still do the second phase, the penalty phase and then do the third phase, the state recommendations, I think all three of those, as long as they're done independently as independent findings, I think that's okay. Page 48 August 20, 2008 CHAIRMAN DICKSON: Okay. And I'll wait and do it all at one time. Okay, we found him guilty. The request of the county, just to review, was $250 investigative costs, attend a workers' comp. class. I heard a range of fines, and then I heard a probationary period. Obviously, I mean, we're not going to take the man's license away. MR. NEALE: Let me do a couple of things, Mr. -- CHAIRMAN DICKSON: Oh, I forgot. Excuse me, you're right. MR. NEALE: Just so that this is all according to Hoyle is the -- you know, the board's found the respondent in violation of Collier County ordinance, has to decide on the sanctions to be imposed. They're set out in Section 22-203(B)(1) of the ordinance. And the sanctions that may be imposed by this board are: Revocation of the Certificate of Competency; suspension of the Certificate of Competency; denial of issuance or renewal of Certificate of Competency; a probation of reasonable length not to exceed two years, during which the contractor's activity shall be under the supervision of the contractor licensing board; and/or participation in a duly accredited program of continuing education. Probation may be revoked for cause by the board at a hearing noticed to consider said purpose. Restitution, as proven in this hearing: A fine not to exceed $10,000 per violation, a public reprimand, a reexamination requirement, denial of the issuance of permits or requiring issuance of permits with conditions, and reasonable legal and investigative costs. In imposing these sanctions the contractor licensing board shall consider the gravity of the violation, the impact of the violation on the community, any actions taken by the violator to correct that violation, any previous violations committed, and any other evidence presented at this hearing by the parties relevant to the sanction that's appropriate. And just for the board's reference, there was a recent case that Page 49 • August 20, 2008 you did decide in a similar type manner as was previously cited to. This was in the case of Collier County versus Ronald J. Ryan, Case 2008-09 in which the respondent had not -- did not have workers' comp., and the sanctions imposed at that were a fine of$4,000, a one-year period of probation, retesting on business and law and successful completion of the examination, successful completion of examination on the workers' compensation laws of the State of Florida, and then for that particular one because of some extenuating circumstances, the respondent was going to have to call contractor licensing staff to advise them in advance of any contracting activity. But I don't think there's been evidence to that matter presented in this case. CHAIRMAN DICKSON: Okay. MR. JOSLIN: Also, I think this is still underway with discussion, right? CHAIRMAN DICKSON: Yes. MR. JOSLIN: I'm not really content. I mean, there's no doubt the man's guilty of what he did. But along with the ideas that we're going to impose here, I want to see something happen in the fact of having a payroll company, which is what he's presented here as far as for his workmen's comp. now. At any given moment that payroll company -- he could lose his employees, not have his employees or the payroll company could be history and then he wouldn't have coverage because they could not issue the coverage. So he could go and hire some people off the street again and start all over again. So I'd like to see this insurance certificate updated monthly, each month, per month, on a month-to-month basis for a period of time, a year. Payroll companies are kind of strange when it comes to maintaining people on their payroll. They don't reach a certain amount of payroll or he doesn't present them enough money in his business, Page 50 • August 20, 2008 then they can drop the coverage on him. MR. HERRIMAN: You can even make it tighter than that, because basically this is a weekly work comp. policy and as long as he pays his payroll weekly, then the policy is in effect. So you can contact the insurance company and request that if he does not meet his payroll requirements weekly, that the -- somebody be contacted. Then I would suggest Michael Ossorio's department. MR. JOSLIN: But you'd be putting that certificate in the hands of the carrier, and I don't know if that would fly or not. That would be more or less his responsibility to have it sent to make sure that he's aware he has to have it. If we put it into the hands of the carrier to automatically send it like what you're saying, then the -- MR. HERRIMAN: Yeah, the carrier would automatically notify you if he didn't have worker's comp. coverage. MR. JOSLIN: That would be placing though this whole avenue of blame or the whole avenue of making sure he has it on the carriers. Because he could come back and say, well, the carrier didn't send it; I had it but they didn't send it. And it would put somebody in the middle rather than himself right on top. Don't you think? CHAIRMAN DICKSON: No. Because I do the same thing with my larger contractors. They have a clause in there that my carrier will notify them directly if my coverage ceases for any reason. MR. LYKOS: Typically it's within 10 days of cancellation. CHAIRMAN DICKSON: Yeah, within 10 days of cancellation they're notified. MR. LYKOS: You can actually have that added right to the policy, right to the certificate. MR. JOSLIN: Okay. I'm just trying to protect that part of the interest as far as -- his future, one of the criterias of this -- MR. LYKOS: Is there a way that we can get -- I don't know if this is possible to do as part of our decision, but can't individuals get a policy that's done based on a six-month term or a one-year term versus Page 51 August 20, 2008 weekly? I don't like the idea of having it tied to payroll. I understand your point. If-- he could have -- he could just say I have no payroll this week and pay people under the table and then we're back to the same situation, he's just skirted the whole system. If he has to buy a six-month policy or a one-year policy, then the policy is in effect until the policy expires, because it will have to be paid for in advance. MR. JOSLIN: I'd rather see that happen too, but I'm not sure we can enforce that. CHAIRMAN DICKSON: That's what he can't buy. The only way you can get insurance is through employee leasing. We don't need anything, I'll handle it. And that's the only policy he can get. It's tied to payroll. Now where they have all their problems with fraud on employee leasing is non-reporting of employees, non-reporting of payroll. So if he does that, then he has committed fraud, which is a violation of state law and you'll get the state workers' compensation people in on it. And you don't want them. You think the county's hard to get along with, you haven't lived till you dealt with those people. They come in and flash their badges and they will lock your office down and take all your records. They have -- I'm saying this, you're hearing me. Don't get the state workers' comp. people involved, it's a miserable nightmare. But Ian and them are going to be watching this. And you can go out -- and he has this, this is on a computer, right? MR. JACKSON: Right. CHAIRMAN DICKSON: So you can go out to the job and ask people their names. And you know right then and there if they're covered by insurance, correct? MR. JACKSON: If I show up to a job and our records show that they're covered through an employee leasing company, I will get the names of the people working and cross-reference it with the employee Page 52 August 20, 2008 leasing company list of employees. CHAIRMAN DICKSON: It's not that difficult. MR. HERRIMAN: And it's through a local office. CHAIRMAN DICKSON: And if you commit fraud, then look out, here comes the state. Because you notify the state; do you not? MR. JACKSON: At that point I do not. Take this case, for instance, I scheduled it to come here and let the board make their determination. CHAIRMAN DICKSON: Yeah, because you know what we would do. MR. JACKSON: I have a good idea. CHAIRMAN DICKSON: Yeah. Okay, I think we're okay, but I'm not worried about it if he turns in his payroll, and the county's going to be checking that. I wish you could buy a policy, but he can't buy one. MR. HERRIMAN: That's his problem, yeah. CHAIRMAN DICKSON: Yeah. Do I hear a motion? MR. JOSLIN: I'll make the motion that -- beings that we have found David L. Johnson guilty of Count one, that the penalty be imposed of: Required to pay administrative costs of-- what is the amount? CHAIRMAN DICKSON: 250. MR. JOSLIN: $250. He be fined $4,000 to be paid within 90 days. He be required to attend a continuing education class under the workmen's comp. only and provide at least two hours of credit. He be required to retake the business and law -- I'm sorry, the business and law exam and pass it within a six-month period. And any future business that's performed by this company will need to be verified with insurance from the payroll company on at least a monthly basis. Page 53 August 20, 2008 And he be placed on a one-year probationary period during this time. CHAIRMAN DICKSON: Do I hear a second? MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: I just -- I'm the one that made the sound. I thought the $4,000 fine was a little heavy. MR. JOSLIN: I disagree, only because he's been caught once last year and he's done it again. Finding an insurance company, he's found one here, and he could have found one before. He could have killed somebody with a stump grinder, and he could have killed somebody. MR. GUITE': Plus if he's not paying his workmen's comp., he could probably afford the 4,000. MR. JOSLIN: Exactly. MR. LYKOS: Yeah, how much would workers' comp have cost him over the year-and-a-half? CHAIRMAN DICKSON: I don't know what the rate is on this kind of work per 100. MR. OSSORIO: I heard it was 17. It has gone down. CHAIRMAN DICKSON: That's not bad. MR. LYKOS: No, that's pretty cheap. I thought it would be double that. CHAIRMAN DICKSON: He could be roofer or a steel erector. MR. JOSLIN: With as many hurricanes as we have coming, he'll have plenty of work. CHAIRMAN DICKSON: Don't say that. MR. HERRIMAN: I think in view of the fact that he tried so hard with Oswald and Tripp and the other insurance agent that he worked with, he at least demonstrated a -- his desire to get the insurance and then he finally found it. I agree he's guilty. I think the fine is too heavy. CHAIRMAN DICKSON: I concur. Page 54 August 20, 2008 MR. JOSLIN: What's the pleasure of the board? CHAIRMAN DICKSON: Well, we've got a motion and a second. We have to deal with it. MR. HERRIMAN: I would suggest you either change it to a $1,000 fine or we continue the vote. MR. JOSLIN: I'll amend the motion to read -- MR. JERULLE: Excuse me for a second. I think the case that we had at the last board meeting, Mr. Neale, was two counts of$2,000. MR. NEALE: There were two $2,000 counts on that one, yes. MR. JERULLE: So I think we've set a precedent of one count of guilty of$2,000. So I would suggest that we think about $2,000 instead of the four. MR. JOSLIN: Right, that's what I was going to back it down to. I'll amend the motion to state instead of being a $4,000 fine it be reduced to $2,000. MR. LYKOS: I approve that amendment to the motion. CHAIRMAN DICKSON: Any other discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Opposed? (No response.) CHAIRMAN DICKSON: Let me do the legalese here. Case No. 2008-12, license number N as in Nora, B as in Baker, R as in Romeo, 30172, which is Board of Collier County Page 55 • August 20, 2008 Commissioners versus David L. Johnson, d/b/a Johnson Tree Services and Stump Grinding, Incorporated, administrative complaint as normally stipulated -- MR. NEALE: Incorporated and adopted. CHAIRMAN DICKSON: Count one, disregards or violates in the performance of his contracting business in Collier County in the building, safety, health and insurance or workers' compensation, specifically workers' compensation laws of the State of Florida, ordinances of the county, came before the board. Service was done by certified mail, Mr. Ossorio? MR. JACKSON: Service was hand delivered. CHAIRMAN DICKSON: Service was hand delivered. Mr. Johnson was here, was not represented by an attorney. By a vote of 9-0 (sic) he was found guilty of the charge. Order of the board by also a unanimous vote was $250 investigation cost to be paid to the county immediately, $2,000 fine to be paid -- what's our normal procedure on time? MR. NEALE: It's 90 days. CHAIRMAN DICKSON: Within 90 days. Attend a worker's compensation class of at least two hours. MR. JOSLIN: Yes. CHAIRMAN DICKSON: Attend business and law -- take the business and law test again. MR. LYKOS: And pass it. CHAIRMAN DICKSON: And pass, successfully pass within six months, was that what you said? MR. JOSLIN: Yes. CHAIRMAN DICKSON: Okay. And a one-year probation. MR. NEALE: And monthly insurance verification. CHAIRMAN DICKSON: Monthly insurance verification and cancellation notice. His certificate will be addressed a cancellation notice within 10 days to the county, as well as monthly verification of Page 56 August 20, 2008 insurance. That cover it? MR. LYKOS: Small item. We have eight members today and not nine. CHAIRMAN DICKSON: Eight, okay, thank you. 8-0. Everything else is stipulated to the order that will be prepared by Mr. Neale. MR. JOSLIN: One last comment, I suppose. We better -- if any of these items are not completed in the time spans that were given, then his license is immediately suspended. MR. NEALE: I would recommend that he comes back to the board for review. MR. JOSLIN: And have to come back before the board. CHAIRMAN DICKSON: Well, he would violate the order of board so he would automatically come back, wouldn't he? Mr. Johnson, come back up if you would, please, sir. Sir, we did not take your license away, we only put you on probation, hit you with a fine and some investigation costs. And you do have to take a couple of classes. You're still in business. Keep everything clean, keep your insurance in line and everybody's going to be fine. MR. JOHNSON: Can I say one more thing? CHAIRMAN DICKSON: Yes, sir. MR. JOHNSON: I just don't want you guys to think that I didn't want insurance. I mean, if you look at my liability, I'm only required to have 300,000 liability. I have two million. You know, it's not that I was trying to get away with not having anything. CHAIRMAN DICKSON: I understand. MR. JOSLIN: We understand. CHAIRMAN DICKSON: I understand. But basically it comes down to this: If you can't get workers' compensation insurance, you have to shut down. That's what it comes down to. Because I literally Page 57 August 20, 2008 have seen people totally destroyed by a worker getting hurt. MR. JOHNSON: But to think that, you know, I'll change employees or try to get out of paying it, I want it. It's not that I don't want it. Believe me, I want it. Not for this, for work. So to think that I'm going to all of a sudden duck it and try to get out of it again, that was never my intention to begin with. I've always wanted it. So that's not even an issue unless the company goes out of business. Not my company, the staffing company. Then at least now I know I can go to Crum. But neither one was available before. CHAIRMAN DICKSON: Okay. We wish you well, sir. MR. JOHNSON: Thank you. Can I get my copy back of that? That's my copy of it. CHAIRMAN DICKSON: Right here. Do you really need it? MR. NEALE: That was in evidence? MR. JACKSON: That was entered into evidence. MR. NEALE: So we're going to have to make a copy and get it back to him, I think. CHAIRMAN DICKSON: Let us make you a copy of it. I'll give it to Ossorio, or Ian. We've got a copy in the commissioners' office, can't we? MR. JOHNSON: You guys already have a copy of it. MR. JACKSON: We do have a copy in the office. MR. NEALE: Yeah, we have to have that in the records. It has to be copied for the record. CHAIRMAN DICKSON: Can you get -- this is not marked. Yeah, it is. Can you give him -- will his copy suffice? Give him your copy, will you? MR. JACKSON: Certainly. CHAIRMAN DICKSON: Okay. Do you have that with you now? MR. JACKSON: Not right now. It's in the file at the office. CHAIRMAN DICKSON: We'll get it to you tomorrow, is that Page 58 August 20, 2008 okay? MR. JOHNSON: Yes. MR. JOSLIN: Or if you want to wait a second, maybe we're going to take a short break here before the thing -- maybe you can get a copy in the other office for him. MR. JACKSON: We're not bringing the files to the hearings any longer. CHAIRMAN DICKSON: Make a copy of this -- MR. JOSLIN: No, I'm talking this -- MR. JACKSON: Oh, make a copy of that? Sure, I can do that. MR. JOSLIN: While we're on break. CHAIRMAN DICKSON: Hold on. Why don't we take a 10-minute recess before we go into that other one. And hold it to 10 minutes, okay. (Short recess.) CHAIRMAN DICKSON: Okay, call back to order the meeting of the Collier County Contractor Licensing Board. Next case -- got everybody? Yeah, we do. Paul Riddleberger, d/b/a Riddleberger Custom Homes. Paul, are you here? Yes, sir, if I could have you come up to the podium. I've got everybody sworn in now except Paul. We don't have to do it case by case. State your name, Paul, and I'll have you sworn in. MR. RIDDLEBERGER: Paul Riddleberger. (Speakers were duly sworn.) CHAIRMAN DICKSON: Good morning, sir, how are you? MR. RIDDLEBERGER: Okay. CHAIRMAN DICKSON: Were you here for the other case so you kind of get a feel for how it goes? MR. RIDDLEBERGER: Yes. CHAIRMAN DICKSON: Okay. Ian, I'll go ahead and start with Page 59 August 20, 2008 you with an opening statement. MR. JACKSON: Thank you. Mr. Chairman, actually, if I may interrupt quickly, if we could have a motion to add another -- something under new business. There's going to be someone coming in to qualify a second entity if so approved by the board. We wanted to get that over with before this started. CHAIRMAN DICKSON: Have they been sitting here all this time? MR. JACKSON: They have. Mistakenly they've been sitting here, with the understanding that it was going to be heard next month. If it would please the board, we could get it over with today. MR. JOSLIN: I make a motion that we -- I'll make a motion to amend the original agenda to add -- MR. JACKSON: His name is Russell Page. MR. JOSLIN: Russell Page to the agenda under new business. MR. JACKSON: Thank you. CHAIRMAN DICKSON: Paul, if I can get you to sit down for just a second, sir. I apologize. Russell Page, are you present? MR. JACKSON: They are not here right now. We were going to do that after this hearing. CHAIRMAN DICKSON: I'm sorry, I thought it was these people sitting here. MR. JACKSON: I apologize, I should have been more clear. CHAIRMAN DICKSON: All right, come. Paul, I'm just totally confused, so ignore me. We're ready to roll. I'm for my packet. Go ahead, Ian. MR. JACKSON: First of all, I would like to enter the packet you've received into evidence, please. CHAIRMAN DICKSON: I so move. MR. LYKOS: Second, Lykos. Page 60 August 20, 2008 CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. Done. Go ahead. MR. JACKSON: This case involves a contract between Mr. Riddleberger and homeowners Tracy and Dori Crowell for the construction of a single-family house. Construction began, got to a certain point, and due to a licensing issue was no longer able to continue. Therefore, both parties met and agreed that the contract would be terminated. At the termination of the contract, there was an understanding that the homeowners have -- what was constructed up to that point and what was constructed was built to plans and would meet building codes. On the other hand, there was in the understanding Mr. Riddleberger was paid what he was paid and no more payment was going to be given to Mr. Riddleberger. Basically the contract was terminated and they were going to go their separate ways. It turns out that some of the construction was not built to plans and would not have met the building code and not passed inspection. Therefore, homeowners had to pay more money than they had the understanding at the termination of the contract to have the house built up to plans and specifications. CHAIRMAN DICKSON: I've got a question before we go any further. If he's building a home, why is his license number NBR-29660? What kind of license is that? Page 61 • August 20, 2008 MR. JACKSON: The 29660 is his Collier County certificate number. He's a Collier County registered residential contractor. CHAIRMAN DICKSON: Okay, so he holds a state license. MR. JACKSON: He registers with the state. MR. JOSLIN: Doesn't he have a state registered license? MR. JACKSON: He's licensed through Collier County. MR. OSSORIO: He's state registered, not state certified. MR. JOSLIN: He still has a number, though, doesn't he? Our number, our P number? No? MR. RIDDLEBERGER: RR0067680. MR. JOSLIN: What is it again? MR. RIDDLEBERGER: RR0067680. CHAIRMAN DICKSON: I was thinking all builders had to have a state license. MR. NEALE: State registered but not certified. CHAIRMAN DICKSON: Okay. Now the question also I'm going to bring up before we get into this, he quit because of licensing issues. Does the man still have a license today? MR. JACKSON: Today, if I'm not mistaken, he's on hold with the county pending state registration. MR. NEALE: Yeah, Mr. Dickson, he needs to be able to make his opening statement before we start any questioning. CHAIRMAN DICKSON: If he didn't have a license, I was going to question why we went any further. Okay, I'm aware of-- yeah, so that's all your opening statement? MR. JACKSON: I'm going to leave that at my opening statement, yes. CHAIRMAN DICKSON: Mr. Riddleberger, would you like to make an opening statement, sir? MR. RIDDLEBERGER: This is a very complicated issue. To clarify the status with my license, I was required to change from an individual workmen's comp. exempt entity and become a corporation Page 62 August 20, 2008 to maintain my workmen's compensation exemption status. That was why the licensing issue came up. I was in the process of doing that. I can't really speak to the issue of the construction because I don't know any of the details. I don't have any idea what they found in error or flawed or required to be removed and replaced. Collier County never made a framing inspection, so that was the basis of-- the wording of the contract was subject to county approval, and that was never done. And they brought Mr. Wu in to make his recommendations, and that's really as far as I really know at this point. CHAIRMAN DICKSON: Okay. All right, Mr. Jackson, it's your case, if you'd like to present it. MR. JACKSON: Thank you. CHAIRMAN DICKSON: Are you going to be calling witnesses? MR. JACKSON: Yes. CHAIRMAN DICKSON: Mr. Riddleberger, as he calls the witnesses, if I could have you -- just sit right there on the front row if you would, sir. MR. JACKSON: I'd like to call Mr. and Mrs. Crowell, Dori and Tracy Crowell, the homeowners first, please. (Speakers were duly sworn.) MR. JACKSON: You were in contract with Mr. Riddleberger for the construction of your home in King's Lake? MR. CROWELL: That is correct. MR. JACKSON: And at the point where you both had decided to terminate the contract, there was an understanding that Mr. Riddleberger was not going to be paid anymore and what was built would pass building code and was built to plans and specifications. MR. CROWELL: That is correct. MR. JACKSON: I don't have any more questions. If the board has questions for them. MR. JOSLIN: What was the reason for the termination or for Page 63 • August 20, 2008 him stopping the construction? MR. JACKSON: Due to the Collier County certificate being on hold, due to the state registration pending. MR. JOSLIN: Pending. CHAIRMAN DICKSON: If you remember, it was a year ago or two years ago they made that a state law that all exempt contractors had to be a corporation. And any exempt employees could no longer be an employee, they had to be an officer of that corporation and hold at least 10 percent of the stock. So all of them had to do that. MR. LYKOS: Why would that stop somebody from being able to work? I don't understand. I mean, I remember when that happened. I remember a lot of our subcontractors went through that process. Why would somebody have to stop the jobs they were on? That just doesn't make sense. I mean, maybe that's how government works, but it doesn't make sense. If you're in the middle of a contract for building a house and this law gets passed and you have to move from one business entity to another, you have to terminate all your contracts? That doesn't make sense. Could somebody explain that better? MR. JOSLIN: There probably should have been or is a reasonable amount of time to make this change, because it's nothing more than filing a corporation and changing it over and changing all your business entities over to that corporate name. And then he could file for the exemption so he would still be legal. But I'm not understanding. Maybe there's a time span here where it didn't happen. MR. JACKSON: I'll take a shot at it. If I'm not mistaken, and maybe Mr. Ossorio can help clarify, Mr. Riddleberger -- his original license was canceled. A new Collier County certificate was issued, which was then put on hold. We're talking about a brand new license that was put on hold, pending the state registration. CHAIRMAN DICKSON: Yeah, because Michael, wasn't it they Page 64 August 20, 2008 had something like six months and there was a cut-off period? And after that cut-off period it had to be new applications? Do you remember any of this, Mr. Neale or Zachary? MR. NEALE: Yeah, but I think the relevant point is we need -- it really doesn't matter what it was for everybody in the state, it matters what happened in this case. CHAIRMAN DICKSON: Okay. So, in other words -- MR. NEALE: And what happened and why. So historical perspective is interesting, but it doesn't have any bearing on this case. CHAIRMAN DICKSON: Okay, Mr. Riddleberger, do you have any questions of these people at this time? MR. RIDDLEBERGER: No. CHAIRMAN DICKSON: Is that all you have for them? MR. JACKSON: That's all I have for them, yes. CHAIRMAN DICKSON: Thank you. MR. CROWELL: Thank you. MR. JACKSON: At this point I'd like to ask Mr. Wu and Mr. Brunoli to testify. CHAIRMAN DICKSON: Both together or -- MR. JACKSON: If possible, both together. CHAIRMAN DICKSON: Okay. Gentlemen, if each of you would state your name and then I'll have you sworn in, please. MR. BRUNOLI: Fred Brunoli. MR. WU: Richard Wu. (Speakers were duly sworn.) MR. JOSLIN: If I could just quickly ask, what capacity are these two gentlemen testifying to or -- expert witness or -- MR. JACKSON: Mr. Brunoli is a representative of the new builder who has taken over the project, and Mr. Wu is the architect who has been working originally with Mr. Riddleberger and with the homeowners on the project. MR. JOSLIN: Okay. Page 65 • August 20, 2008 MR. JACKSON: The homeowners have had to pay a documented -- bear with me -- a documented $26,111 to rebuild framing and second floor framing and trusses that were not built according to plans. And I'm going to ask Mr. Brunoli and Mr. Wu to describe the deficiencies in the construction that resulted in the demolition and rebuilding of this. MR. WU: Richard Wu. I'm the design architect for this residence. It's a design build situation. I was working with Mr. Riddleberger on behalf of his clients, the Crowells. My contract was to prepare the plans and specifications and certification for building permit. And they're in the process of the construction. At some point our office was given a call and we were told that Mr. Riddleberger was no longer the contractor on this house and if I could go out and take a look at the building and see what -- progress of the work and give my opinion on the condition of the construction. At that time I sent one of my associates to meet with Mrs. Crowell, and she walked the premises, spent quite a bit of time going through it at that point in time. I believe at that time there was quite a bit of time elapsed from the time the work that had previously been done and to the time I was notified of the situation. Therefore, at that time there was a lot of deterioration due to weather of the materials. For instance, there was a second floor deck that was plywooded and the plywood was starting to be laminating -- things like that. Weather. There were trusses on the ground that were affected by weather. I drove by the project. I did not personally inspect everything, but that's what -- I did have a conference with Mr. Brunoli after he got involved and we discussed different issues. MR. JOSLIN: So your contract that you had with the Page 66 August 20, 2008 homeowners -- your contract was through the homeowners? MR. WU: Yes. MR. JOSLIN: In relation to then Mr. Riddleberger also. MR. WU: Right. MR. JOSLIN: But you designed the home -- MR. WU: Initially, yes, initially. MR. JOSLIN: At any point were you supposed to do any type of inspections to verify that your building drawings or whatever you have architect (sic) or drew out was performed correctly as stages went along, or not? MR. WU: No. MR. LYKOS: Did you meet with the homeowners or with Mr. Riddleberger prior to the termination of the contract? MR. WU: No. MR. LYKOS: Did you inspect the site prior to the termination of the contract? MR. WU: No, I did not. I was made aware of it after the termination. MR. LYKOS: How much time -- to your knowledge, how much time went by from when the contract was terminated to when you inspected the site? MR. WU: I would just be guessing. I would say a month or so. I don't really -- I can't speak to that specifically. MR. LYKOS: I would like -- if we can figure that out, I'd like to know that information. MR. JOSLIN: Yeah. In this inspection -- one last thing. In this inspection you mentioned that on the second floor it appeared that the plywood was weathered or had been obviously sitting for a while without being under wraps or under cover from the roof? MR. WU: Right, there was no protection of any of the work that was in place. I don't know what the length of time was, but there was Page 67 August 20, 2008 definitely some deterioration of the work that was in place. MR. JOSLIN: Okay. CHAIRMAN DICKSON: Are you going to ask Mr. Brunoli any MR. JACKSON: I'll ask Mr. Brunoli basically the same question. With your dealings since you entered the contract with Mr. and Mrs. Crowell, if you could describe in detail the deficiencies in the construction and why it had to be demolished and rebuilt. MR. BRUNOLI: Certainly. In November of'07, Mr. and Mrs. Crowell had contacted me and our company to possibly rebuild the house and take over the construction. My partner and I both surveyed the property prior to submitting them a contract. At that time there was extensive deterioration of whatever product had been installed. I mean, they -- at that time the house had been brought to block and beam, and the initial structural framing had been started. The structural framing had been left in somewhat of a disarray. A lot of the product that was up was not protected. There was extensive deterioration of plywood, mildew content and rotting of some of the areas of the trusses, especially the trusses that were still laying on the ground. The site itself was extremely in disarray and it was almost totally overgrown with brush and trees. And I really, even to this point I don't know exactly how long it was prior to us starting work. We started work on the project in January after we contracted with them. Based on our analysis and my discussions with Mr. Wu, we felt that there was no possible way that we could save the materials that were -- had already been put in place. There were -- during our inspection, prior to contracting with them, we had noticed that there were discrepancies in the standard building codes for Collier County. Page 68 August 20, 2008 Certainly we knew that at that time that it hadn't been inspected, the framing inspection hadn't been completed, but there were still deficiencies in the framing. Even two minor deficiencies in structural framing of the -- it would be the northeastern wall of the house, which was supposed to be built out of block and beam and it was now framed out of two-by-sixes. And the framing was -- head heights for windows aid doors were at 72 inches, which there's nobody going to walk through a 72-inch high door. So there were other issues regarding the stairs and locations and things like that, but technically that's -- most of the things that we noticed was -- were deterioration, lack of proper coverage of materials, and some of the structural framing was -- certainly it hadn't been inspected, and hopefully they would have made those adjustments prior to inspection, but at the time that we took it over, it would have not passed inspection. MR. JOSLIN: Was the house under roof at this time or just block and tie-beam? MR. BRUNOLI: It's -- the house is a -- it's like a split design. The left side of the house is a two-story with two bedrooms over the family room. And the right side of the house would be the family room and the garage area. There were trusses installed through the whole first level. Some of the plywood was installed. A lot of the strapping was not installed. There was warpage in the trusses. And then the second level, they had installed the floor trusses and then they proceeded to install some of the deck plywood and some of the -- they had erected some of the exterior walls for the second level with all the plywood on it. And all that had also deteriorated because it just was never protected with any type of felt or any type of protective material. MR. JOSLIN: So in essence what you're saying is that the house was basically kind of pieced together in different phases but really Page 69 August 20, 2008 nothing was really completed to dry the house in? MR. BRUNOLI: Correct. CHAIRMAN DICKSON: What is the name of your company? MR. BRUNOLI: It's Arno Construction, Hurricane Homes of Southwest Florida. CHAIRMAN DICKSON: And what was the contract amount for you to finish the house? MR. BRUNOLI: The contract amount was 268,800. That included all the demolition and removal and cleanup of all the debris that was still on-site. CHAIRMAN DICKSON: Is the house completed today? MR. BRUNOLI: We are going through our final inspections right now for a final C.O. So we're -- within two weeks we will hopefully have a Certificate of Occupancy. CHAIRMAN DICKSON: Any change orders to that amount? MR. BRUNOLI: No. CHAIRMAN DICKSON: Does that include the pool and the deck? MR. BRUNOLI: It includes the deck, not the pool. CHAIRMAN DICKSON: Because that wasn't included in the original contract. MR. BRUNOLI: It was never included in our contract, no. MR. JOSLIN: Is there a pool there? MR. BRUNOLI: No. I thought you meant the original contract by the previous contractor. CHAIRMAN DICKSON: Yeah, the previous contractor didn't include deck or pool. MR. BRUNOLI: No, we included the deck and no pool. CHAIRMAN DICKSON: Rough idea of how much is the deck? MR. BRUNOLI: It's the rear lanai deck, which is under cover, so I can only estimate the cost of the deck would probably be around $3,000. Page 70 August 20, 2008 CHAIRMAN DICKSON: Slab or -- okay, yeah. That's all I have. MR. JACKSON: If I may? CHAIRMAN DICKSON: Yes. MR. JACKSON: I think we want to focus to the point where the contract was terminated, and from there on is irrelevant to the case. MR. JOSLIN: We're just trying to get like a time line here is what we're trying to get, because there's been a stoppage and a startage, and we're just trying to narrow down on how many months it sat before it started and -- I mean, that's all we're trying to do, I believe. MR. GUITE': My figure is I got seven months total. A lot can happen in seven months. CHAIRMAN DICKSON: I would personally like for you to call the Crowells back up here. I want to know how long this house was abandoned. MR. JACKSON: Okay. If I may ask Mr. Brunoli two more questions? CHAIRMAN DICKSON: Sure, go ahead. MR. JACKSON: Mr. Brunoli, in your expert opinion or in your opinion, was the house built to plans and specs and would it have passed inspection had it gotten to that point? MR. BRUNOLI: There were some issues in what I had surveyed on the house that it certainly wouldn't have passed inspection. Was it built as per plans and specs? No. I'd have to say no, it wasn't. MR. JACKSON: If the construction of the house continued and if it were a new home, would that aspect of the construction have to be removed? MR. BRUNOLI: Yes. A contractor would have had to make some alterations or improvements to bring the house as per plans and specifications. Otherwise, submitting some sort of a letter of transmittal or revision would be the only alternative to that. Page 71 August 20, 2008 MR. JACKSON: Thank you. That's all I have. MR. LYKOS: Who prepared the handwritten list of items that needed to be corrected or work that needed to be done on the house? MR. WU: I believe that the handwritten list you're talking about was done by my employee. MR. LYKOS: Okay. Some of the things I read in here were obvious construction defects, if you will. Other things appeared to be items that were change order type items. Is there a dollar amount allocated to the construction defects? Not deteriorated lumber, not change order items, but is there a list, a specific list of items that were done incorrectly that were variations from the plans that were not built to code, and is there a dollar amount applied to that list of items? MR. WU: I was not hired to come up with the specific items. Maybe Mr. Brunoli can answer that. MR. JACKSON: Mr. Lykos, if I may, E. 11 is -- it may not be quite as itemized as you're requesting, but that is the itemized statement with the attached dollar amount. MR. LYKOS: I understand. But based on the testimony today, there were comments about framing materials that were left on the ground that deteriorated, and I would have just liked to have seen a list that was specific. Now, it does say demolition and removal of existing wood framing due to deficiency in construction. So that specifically states deficiency. But I'm a little bit concerned that there's no separation between the deficiency of construction and what that means and things that were deteriorated, how much work was required based on deterioration and how much material was required based on deterioration that had nothing to do with a construction defect. I don't know that -- I mean, four items on this list doesn't give me the kind of definition I'd like to see, based on what's been Page 72 August 20, 2008 when I heard about this -- MR. RIDDLEBERGER: I just want to be sure that that is not any kind of pattern in my business or my relationship with people in this community. MR. WU: I agree. MR. JOSLIN: I have one question for you, Mr. Riddleberger, before you leave. At any point when this was all going on, did you contact Mr. Wu to come in and do a physical inspection of his plans versus what was built? MR. RIDDLEBERGER: No. MR. JOSLIN: Why? MR. RIDDLEBERGER: I didn't see the reason or need for it, because my knowledge of this job is very thorough, and to my knowledge there was very little discrepancy from what the plans were to what was built. So I didn't see a reason why I would have to ask Mr. Wu, can you come in and -- I've made this change, can you verify that it's okay. I know at one point I went to Mr. Wu because we made a change and amended the plans to change the masonry wall to a wood framing, which Mr. Brunoli brought up that wasn't according to the plans, but in fact it was according to the plans because we amended the original plans to change from a block masonry wall to a wood frame wall. MR. JOSLIN: Were these ever submitted to the county? MR. RIDDLEBERGER: Yes. MR. JOSLIN: Mr. Wu, are you an engineer? MR. WU: Architect. MR. JOSLIN: Architect, not an engineer. MR. WU: No. MR. JOSLIN: That's all. MR. LYKOS: I'm sorry, Mr. Riddleberger, if you could step back again. CHAIRMAN DICKSON: Yeah, go ahead. Page 74 August 20, 2008 MR. LYKOS: It says in our packet that you had an agreement with the owner that you were paid for what was done. What did you represent to the owners that was done? I heard that it sounds like the building wasn't dried in, and I understand that it wasn't. But was your agreement at termination, did you represent to the owners -- CHAIRMAN DICKSON: I'm going to hold you on that one, and I'm going to tell you not to answer the question, because we're completely out of sequence here. Do you have any other questions for the witnesses? MR. RIDDLEBERGER: No. CHAIRMAN DICKSON: Then I would ask for you to sit down. You can ask that question later when he presents his case. MR. LYKOS: Okay, sorry. CHAIRMAN DICKSON: Ian, come back up. Are you finished with the witnesses? MR. JACKSON: With Mr. Brunoli and Mr. Wu, yes. CHAIRMAN DICKSON: Thank you, gentleman. MR. JACKSON: I would like to have the Crowells come up again, please. CHAIRMAN DICKSON: Okay. MR. JACKSON: Roughly when was the contract terminated with Mr. Riddleberger? Month, year. MR. CROWELL: In August of 2007. MR. JACKSON: August of'07. And when was it apparent that there were deficiencies in the construction that would have to be demolished and rebuilt? MR. CROWELL: We actually went around trying to find somebody to take over the job, which was not an easy process. And everybody that actually would give us any type of estimate -- now, they didn't go through the steps of getting an architect involved, but they did -- everybody said that it had to be demolished and started Page 75 August 20, 2008 over because it was obvious of rotting and everything else that had happened in the time frame where we finally agreed with Mr. Brunoli to take over the job. And we originally talked to Mr. Brunoli -- was it in October, hon? I believe -- and it was November that they finally looked at them. MRS. CROWELL: In November, Mr. Wu's associate had come out and written the notes regarding some of the -- he met with Fred. And that was November 16th of'07. But we had spoke with them prior to the notes being written. MR. JACKSON: Approximately three months? MRS. CROWELL: Yes. MR. CROWELL: We also had to get extra money from Fifth/Third, which wasn't an easy process at that time either, because we were going through everything going down in value and, you know, everything was based off of 2006 numbers. So we were going around trying to get money to complete the house at the time also. CHAIRMAN DICKSON: Give me a feel. Talk candidly with me. I mean, I can't see all this deteriorating this bad in three or four months. When did he stop work? What was the discussions like? MR. CROWELL: We do have that in May was the last time that we actually see Mr. Riddleberger on the job. MR. JERULLE: Can I ask a question along with yours? I'm a little confused. When did you sign the contract? MR. CROWELL: With Mr. Riddleberger? MR. JERULLE: Yes. MR. CROWELL: We started -- MRS. CROWELL: March 17, '06. MR. JERULLE: It says in the documentation here that the signed contract was in January of'06. And then it says that the construction began in November of'06. MRS. CROWELL: The property needed to be cleared. Page 76 • August 20, 2008 CHAIRMAN DICKSON: That what? I didn't hear you. MRS. CROWELL: The property needed to be cleared. CHAIRMAN DICKSON: It took 10 months to clear the property? MR. JERULLE: No, January of'06 is when it says that the contract was signed. MRS. CROWELL: Right. And then we did our final construction loan closing March 17. So at the beginning of March we were able to have funds to do the home. MR. JERULLE: I'm sorry to interrupt. So January, you signed the contract, March you started the work. MR. CROWELL: Correct. That's when we closed with Fifth/Third, sir, to start the process. CHAIRMAN DICKSON: And so he -- MR. LYKOS: Construction began in November. MR. JERULLE: No,-I think that's a mistake, that's why I was asking. MR. CROWELL: Construction with Arno Construction started in November of'07. MRS. CROWELL: '06 was Mr. Riddleberger. MR. JOSLIN: That's where we're at, Mr. Riddleberger, isn't it? CHAIRMAN DICKSON: Yes. MR. JOSLIN: We're looking for the first contract, right? MR. LYKOS: Yes. CHAIRMAN DICKSON: Whoa, whoa, whoa, stop. Contract January of'06. He started March of'06. He shut down MRS. CROWELL: August of'07. CHAIRMAN DICKSON: Well, he shut down May of'07. So what you're telling me is this partial framing took a year to do? MR. CROWELL: We've been through a long process, sir. CHAIRMAN DICKSON: This is -- I mean, this is like crazy. Page 77 August 20, 2008 MR. LYKOS: Construction started November of'06, not March of'06. CHAIRMAN DICKSON: When did it start? MR. CROWELL: March of'06 is when we closed for it to start. MR. LYKOS: When did construction -- according to our documents, construction started November of 2006. MRS. CROWELL: That is when we had a slab poured. MR. CROWELL: Was it November of 2006? MRS. CROWELL: It was early December. We had just gotten married, remember? MR. JOSLIN: The permit was issued on 9/15 of'06. That's when the permit was issued. So November makes sense. CHAIRMAN DICKSON: All right. So it took us five -- or seven or eight months to get to the partial framing. MR. CROWELL: Correct. Sorry about that. CHAIRMAN DICKSON: Now, in May of'07, did he call you or did he just pull off the job or what -- give me the dialogue. I'm trying -- we're not up to speed with you guys. I need to get up to speed. MR. CROWELL: I understand, sir. We would do quite a few telephone calls and quite a few e-mails to Mr. Riddleberger with no response. And then when he finally would, he'd show up and maybe do a day or two of work and then would disappear again. To our knowledge, he also does things out of the state. And basically our conversation on the last -- when we agreed to part ways because we had to, he seemed to think that it was in everybody's best interest that that happened also. CHAIRMAN DICKSON: Okay, and you had paid him how much up to that point? MR. CROWELL: I don't re -- I'm going to have to look it up, sir. CHAIRMAN DICKSON: Just use -- yeah. MR. CROWELL: How much in draws were taken at that time? Page 78 August 20, 2008 Is that what you're looking for, how much in draws had been taken at that time? CHAIRMAN DICKSON: I'm thinking it's -- because I'm looking at your original complaint here, and there's a lot in this -- you've got us confused is what's happening. And I'm looking at the original complaint and it says you paid out $214,000 and there's 81,000 left. Who does that apply to? MR. CROWELL: Well, we had the property included in that; is that correct, hon? The property amount was also included in that original 214. MR. HERRIMAN: Which is how much? MR. CROWELL: It was 150, I believe. CHAIRMAN DICKSON: So I take 150 away from 214 and that's what you paid Mr. Riddleberger? MR. JOSLIN: $64,000. MR. CROWELL: That is around the right number, sir. CHAIRMAN DICKSON: $64,000. Okay. Now, when he decided it would be in everyone's best interest for him to leave, did you guys agree with this? Did you have an inspection? Did you have a meeting of the minds? What happened? MR. CROWELL: We had a meeting at our house, and sir, this is our first run at this so there is a lot of ignorance to play. We at that time knew that there was problems and nothing was happening, things were sitting out in the hot summer sun. We knew we had to go find a builder. And, you know, with both of us being fully employed, we ran around as much as we could trying to find -- and it was unbelievable the bids that were being given to us over the amount to complete -- to tear down what was up and then complete the construction. Honestly, I believe that the job was probably underbid to begin with. CHAIRMAN DICKSON: Okay, but you're almost in it. Hopefully you're not upside down. Page 79 August 20, 2008 MR. CROWELL: We're almost in it. It's been a long two years, sir. MR. OSSORIO: Mr. Chairman, I have a question, if you'd -- I don't think you asked -- the chairman asked you a question: When you sat down with him, what was discussed? You were assuming that everything you've given or he's given you, you accepted, and you thought everything was up to code, that was -- MR. CROWELL: We thought everything was up to code. We assumed everything was the way it should be at that time MR. OSSORIO: So in good faith, after that meeting with Riddleberger you went out to seek other builders and that's when you found out with these deficiences, these code violations. MR. CROWELL: Yes, that was -- MR. OSSORIO: That's what we're talking -- that's what the chairman asked. MR. JOSLIN: When did that meeting happen? MR. CROWELL: In August of 2007. CHAIRMAN DICKSON: And the house had been sitting for four months, or three. And then it sat another four. I bet this was quite an eyesore. MR. CROWELL: We had gotten quite a bit from the community, sir, yes, sir. MR. LYKOS: Did you have any written agreement at your termination of the contract? Was there anything written between you and Mr. Riddleberger? MR. CROWELL: No, sir, no. CHAIRMAN DICKSON: How much more has the house cost you? MR. CROWELL: I can tell you exactly what we had to get from Fifth/Third, and then also obviously we've been paying along the way every month, the interest only. But we had to get another 123,000 from Fifth/Third to complete the project. And also what we've been Page 80 August 20, 2008 paying in interest along the way. MR. OSSORIO: Mr. Crowell, just bear with me, but when you sat on that meeting in the meetings of the minds, you knew you were going to pay more money to get the job done, because you had some change orders, there were some things you were going to do differently. MR. CROWELL: There were a few modifications, yes. MR. OSSORIO: So the question is is that you're out $60,000, and you assumed that you had $60,000 on the project. MR. CROWELL: That is correct, sir. MR. OSSORIO: So that's where we are today. CHAIRMAN DICKSON: Anybody have any other questions? (No response.) CHAIRMAN DICKSON: I'm going to let you call them back up when you present your case, okay? Is that everything, Ian? MR. JACKSON: Yes. CHAIRMAN DICKSON: All right. If we could ask you to have a seat. MR. CROWELL: Yes, sir. CHAIRMAN DICKSON: Thank you. Mr. Riddleberger, if you would come over here to this mic. I hate to play musical chairs with you. And if you would present your case, sir. MR. RIDDLEBERGER: The case is really almost indefensible. It's saying that the road to perdition is paved with good intentions, and I don't think that's any more clear than in this situation, because some of the details that didn't come out was that this contract was not underbid. I'm able to build things at a substantially lower rate because I don't have an office downtown and multiple trucks on the road. I'm a very small enterprise. We forced this contract to be signed early because we were Page 81 August 20, 2008 facing a deadline with the impact fee increase, as we all remember. This house was going to go from 136 -- or 176,000, almost $40,000 more overnight. If Mr. Wu would remember, I actually met him when he was coming back from a trip to get a final authorization on the very last day at 4:00 p.m. to get this permit application in before the deadline for the impact fees. From that point, you know, we were all -- I felt like I was always chasing my tail, because we really didn't take the proper steps that I would have normally taken because of the time constraints. Jump forward to the licensing issue which, as Mr. Ossorio mentioned, it really doesn't do us any well to detail. But I suffered long over this termination of this contract. I can tell you that. I know Tracy and Dori, I've known them for a long time. And when I went to their house, I was probably more nervous then than I am now, because I had to say to them that I just can't continue with this contract. It's just not going to work out because of my licensing problem. I wasn't even allowed to really even be on the job. I was issued a citation because my license was actually inactive and I was practicing contracting in Collier County. I paid my fine, but it was understood at that time that I could not be on this job site until my license was straightened out. So at that point I had no choice. I mean, my hands were tied. I went out myself and tried to find contractors who would at least give me a decent bid to get this house under roof. It was a really bad situation. And I'm not making excuses for myself, I made some bad judgment errors. MR. JOSLIN: From the time that you pulled the permit on this house to start construction, how many months was it before his license was suspended or he was put on hold, I suppose? MR. RIDDLEBERGER: It was actually in transition when we signed the contract. Page 82 August 20, 2008 MR. JOSLIN: In January of'06? MR. RIDDLEBERGER: Yes. I had submitted a package to the state for the incorporation process and it came back to me and I made some changes, sent it back to the state, and at that point it was lost. MR. JOSLIN: How was it that he was able to pull a permit in September then of'06? MR. RIDDLEBERGER: It was under owner/builder. We had no choice, we had to go under owner/builder in order to get in under the impact fees. So that was how we got around that. And we did play with the law a little bit, but at the time it was -- again, hindsight's 20/20, but, you know, at the time it seemed like the only solution was to file as an owner/builder and that would get the application in and get it processed before the impact fees came into effect. MR. JOSLIN: I'm having a little hard time understanding why it would take eight months, nine months from the time that you had to redo your license to when you actually could have pulled the permit in September. It took this long for you to get your license changed over to a corporation? MR. RIDDLEBERGER: The actual time line, I don't recall what it was. MR. NEALE: Mr. Dickson, if I may -- CHAIRMAN DICKSON: Can I have you sit down for just a second. MR. NEALE: What I would suggest is we take a brief recess and allow the legal minds and maybe the Chair to have a discussion with county on this case. CHAIRMAN DICKSON: Yeah, I know what you -- I heard the same thing you did. MR. NEALE: If we could do that? Because I think we may -- CHAIRMAN DICKSON: If we could have a two-minute break and if you gentlemen would come up here. Page 83 August 20, 2008 We're off the record. (Short recess.) CHAIRMAN DICKSON: I'd like to call -- yeah, we're back on. I'd like to call the meeting back to order. After discussion with counsel for both -- counsel from the licensing board and counsel for the county, we are going to table this case until next month's meeting. MR. NEALE: Just continue it. CHAIRMAN DICKSON: Just discontinue it -- MR. NEALE: No, continue it. CHAIRMAN DICKSON: I mean, we will continue it next month. But we need some additional information between now and then. Let me ask you this: At this point, Mr. Neale and Mr. Zachary, do we need witnesses back? MR. NEALE: Well, I think that's totally up to the -- up to both the respondent and to the county, and they can advise their respective witnesses as to whether they require them back here again next month. I think that's totally the purview of the parties. But I would suggest that probably since the board is going to have some additional questions, that the witnesses be advised that they probably should be ready to come back. CHAIRMAN DICKSON: Yeah, I can see the questions coming. I apologize for doing this, but it is in the best interest of all of you, upon legal advice. These guys have done a wonderful job of keeping us out of trouble for a long time. So when they bring up an issue, we listen. So we're going to just continue it next month. And I apologize for the inconvenience, but it can't be avoided. Okay? Is there anything else to come before the board? New reports? MR. JOSLIN: New business? CHAIRMAN DICKSON: Yes. Page 84 August 20, 2008 MR. JOSLIN: Russel Page. CHAIRMAN DICKSON: I missed a page? MR. JOSLIN: Kyle Green -- the new one -- CHAIRMAN DICKSON: Oh, we did Kyle Green, didn't we? MR. LYKOS: Russell Page, the one we added, Russell Page, the second entity. CHAIRMAN DICKSON: Oh, yes, Russell Page. Where are you? MR. PAGE: May I approach? CHAIRMAN DICKSON: There you are. Hang on just a minute, though. But come on up, come on up. Mr. Page, you are here to qualify a second entity? MR. PAGE: Yes, sir. CHAIRMAN DICKSON: Mr. Jackson, what specifically are we looking at? What's at issue? MR. JACKSON: The issue is Mr. Page qualifying the second entity, which always has to come before the board. CHAIRMAN DICKSON: Yeah, but there's always something in question, Mr. Page. Is it the credit, is it your affidavits, is it the way you part your hair? MR. NEALE: No, second entities just have to come before the board, no matter what. This one is -- there doesn't have to be any question. They have to come here anyway. CHAIRMAN DICKSON: That's right. I'm so confused on the last case. Get my head back together. Okay, right now you qualify who? MR. PAGE: Ambassador Kitchens. CHAIRMAN DICKSON: I didn't even have you sworn. Why don't we just go crazy here, okay? (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, you want to qualify Solid Surface Tops of Southwest Florida. Page 85 August 20, 2008 MR. PAGE: Yes, sir. CHAIRMAN DICKSON: Is that correct? MR. PAGE: That is correct. CHAIRMAN DICKSON: And you presently qualify -- MR. PAGE: Ambassador Kitchens. CHAIRMAN DICKSON: Which is the letterhead on the front page. MR. PAGE: Yes, sir. CHAIRMAN DICKSON: And I know I've seen you around town at least a million times, but -- MR. PAGE: Only in the right parts of town, I hope. CHAIRMAN DICKSON: I'm sure. As clean a life as I live, that has to be true. Why are you doing this? MR. PAGE: In 2002 we incorporated Solid Surface Tops. You know, I'm 50 percent owner in that company. So I already have my license here in Collier County, have for many years. Ambassador Kitchens was incorporated in 1991 . So, you know, I needed to start a nonprofitable organization, so I got in the top business. CHAIRMAN DICKSON: Well, I'm sure everyone appreciates your tithe. MR. JOSLIN: And your donations. MR. PAGE: Well, over the years I can honestly say that we've challenged -- we've been a little more than challenged on the tops side of things. Cabinet company's done very well, but we're hanging in there. It's been a tough last 12 months, but we're doing -- CHAIRMAN DICKSON: I'm surprised you would want to get in the tops. I see how many of them don't fit or they're a little bit off, and what a nightmare. MR. PAGE: Well, we had to because of the damage of the product, you know, that some of the other companies were causing Page 86 August 20, 2008 indirectly to our cabinets. So we had obviously a number of builders that, you know, it was an issue where damage was occurring, and the only way to protect our cabinets that made economic sense for the builders and us, ultimately the end-user customer, without any additional cost to the job was to get into something and, you know, we capitalized the company. We've got our own V-grooving machines and whatnot, which are state-of-the-art equipment for Corian. And then later made the decision just here in the last year, last few months, to get into granite, which we've already had our bridge saw set up and operational for that. And Charlotte and Lee County is going well. We, you know, don't have enough business up there to keep us going, so we're looking for Collier County to help chip in, you know, hopefully on the top side of things. CHAIRMAN DICKSON: You pay your bills. MR. PAGE: Yes, sir, pay our bills. Net 210, everything. Have for years. So I don't remember what the credit report was, but it should be pretty good. CHAIRMAN DICKSON: Gentlemen, be sure and leave these on top of the counter here so the county can take this and shred it, with the bank records involved. We don't take these out of this room. I make a motion we approve it. MR. BOYD: Second, Boyd. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. Page 87 August 20, 2008 MR. HORN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. You're done. MR. PAGE: Thank you, gentlemen. You all have a great day. CHAIRMAN DICKSON: I don't know if you were here before, but all your stuffs here. So go see Maggie tomorrow. MR. OSSORIO: Mr. Chairman, we have one other housekeeping. I want to introduce you to Jennifer Blanco. She's a new customer service agent. But she's actually the person in charge now in licensing. She's in charge of the day-to-day operation of intake, outtake, whatever you need, this is the person you need to talk to. And her name is Jennifer Blanco. Jennifer, stand up. CHAIRMAN DICKSON: Hi Jennifer. MR. LYKOS: Welcome, Jennifer. CHAIRMAN DICKSON: Is it Blanco? MS. BLANCO: Yes. CHAIRMAN DICKSON: I saw you notarized a bunch of this stuff. MS. BLANCO: Yeah. CHAIRMAN DICKSON: Is she in your office? MR. OSSORIO: She is. CHAIRMAN DICKSON: That's,right, because the blonde-headed girl, she went somewhere. MR. OSSORIO: Yeah, Colleen Davidson, she moved on to another position, and we have Jennifer Blanco, which is a fair trade. But she's going to be responsible for anything in the office pertaining to paperwork issues. So actually it's going to be good news for us. CHAIRMAN DICKSON: Has the absolute nightmare started at Page 88 • ' August 20, 2008 your office yet? MR. OSSORIO: We are. We're about one-third or close to halfway done. We're doing state registrations now this month. Next week we're doing renewals for county. So we're going to be pretty busy with about 10,000 contractors. CHAIRMAN DICKSON: You guys want to see a line, go by their office. MR. JOSLIN: I got mine done already. CHAIRMAN DICKSON: It is a zoo. Thrilled to have you. MR. OSSORIO: With Tropical Storm Fay, I don't think the Governor signed any order referencing letting builders or general contractors do reroofs yet, so we haven't got that information. I looked on the web page yesterday and -- CHAIRMAN DICKSON: I'll turn them in if they do. MR. OSSORIO: So right now we're on track as status quo. I don't think we need to relax any of the tree contractors or let roofers come in. So we're on the same page. CHAIRMAN DICKSON: There's enough unemployed people here that have licenses and insurance to handle it all. MR. OSSORIO: Okay, that's it, that's all. MR. LYKOS: How's Mr. Dunn treating you guys? MR. OSSORIO: Mr. Dunn's doing a great job. He's a building official, he's my boss, and whatever he wants we do. CHAIRMAN DICKSON: Mr. Dunn is permanent now? That's been a couple of months, right? MR. OSSORIO: Yeah, it's been several months. CHAIRMAN DICKSON: Yeah. What a great individual if you ever need anything. He's one of the best we've had in a long time. They're really getting some good people. Mr. Neale, Mr. Zachary, anything? MR. NEALE: That's it. Page 89 August 20, 2008 CHAIRMAN DICKSON: That's it? MR. HORN: Do we need to hold on to these cases or give them back to the county? CHAIRMAN DICKSON: Give every one of them back. He said he would give us a new one for that one. MR. OSSORIO: Yeah, just give everything back. It's not a big deal. We can make the 50 -- I know you probably put some doodles on there and whatever. And we'll make fresh ones for you so you don't have to worry -- CHAIRMAN DICKSON: Oh, you're talking about, yeah, Riddleberger, yes. MR. JOSLIN: The doodles? MR. NEALE: If I may just caution the board. CHAIRMAN DICKSON: Listen to Mr. Neale. MR. JOSLIN: I got mine all doodled up. MR. NEALE: If I can caution the board, just one thing for good order's sake in that we have a pending case that is in the midst of being continued, is that the board members should not speak to each other about this case between now and the next meeting. So please abide by that. Don't have any discussions amongst you on the Riddleberger case, because that will be coming back before you again next month. MR. LYKOS: What about our notes? We're going to lose our notes. MR. OSSORIO: If you want to keep the packet, you can. I can't guarantee you that you're going to get them back because I don't know anyone's handwriting. CHAIRMAN DICKSON: I'll keep it. MR. NEALE: I would suggest as least as to the Riddleberger case and any notes that you may have taken regarding that, to keep those documents with you. MR. OSSORIO: I will make -- you can keep the exhibit for the Page 90 4 August 20, 2008 case, but I will also make a fresh one so just in case you didn't bring it for next month you have it here. CHAIRMAN DICKSON: Next meeting is when? MR. LYKOS: 17th. CHAIRMAN DICKSON: September 17th. Anybody know they're not going to be here? (No response.) CHAIRMAN DICKSON: Good, I won't have to bring anyone up to speed. Who are we lacking, one? We're still lacking one consumer, right? MR. OSSORIO: There's one consumer in the City of Naples. And I know that I've talked to Sue Filson, and they are doing their best to coordinate with the City of Naples getting a consumer. So they're still working on it. CHAIRMAN DICKSON: Ann's back in town by now. Come on back, Ann. Do I hear a motion to adjourn? MR. JOSLIN: So moved, Joslin. CHAIRMAN DICKSON: Second. All those in favor? Goodbye. MR. HERRIMAN: Aye. MR. JERULLE: Aye. MR. LYKOS: Aye. MR. BOYD: Aye. MR. JOSLIN: Aye. MR. HORN: Aye. MR. GUITE': Aye. Page 91 J � August 20, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :51 a.m. COLLIER COUNTY CONTRACTOR LICENSING BOARD LES DICKSON, Chairman These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM Page 92 - , Jeffrey Linzer ��c0 Services License Manager � \ Plumbing e 1250 Linton Blvd. Delray Beach,Florida 33444 A (561)699-8589 ••• Fax(772)409-5894 Jeffrey_H_Linzer@homedepot.com Proud Spon.or www.homedepot.com ,, Juan H. Cascardo 4 Services License Manager Southern Division Home Depot SSC 7757 West Flagler St. Suite 210B Miami,Florida 33144 ‘0(10---.A (786)521-3778 Juan_H_Cascardo@homedepot.com Spousal. www.homedepot.com lyj STATE OF FLORIDA t.,- DEPARTMENT OF BUSINESS A. ? AND PROFESSIONAL REGULATION * Division of Regulation SERGIO L GONZALEZ,MSfT 2295 Victoria Ave.,Suite 263 REGIONAL PROGRAM ADMINISTRATOR Fort Myers,Florida 33901-3877 VOICE: 239.464.0741 r im s... OFFICE: 239.338.2376 DBPR E-MAIL: Sergio.Gorzaka@dbpr.stals.fl.us WEBS11E:vemv.MyRoricla.com/dbpr e�tagon Enterprises CGC#1507454 July 3, 2008 Director Building Review & Permitting Department Board of Collier County Commissioners 2800 N. Horseshoe Drive Naples, FL 34104 Re: Citation 4011 (Issued 07/02/08) Dear Director: Please consider this as a request for an administrative hearing regarding the citation referenced above. I have attached a copy of the citation for your review. Thank you for your attention to this matter. Sincerely, 4J6{ Gregory S. Brown Vice President Enclosure 4527 Arnold Avenue • Naples, FL 34104 Ph(239)825-0712 • Fax(239)659-1130 COLLIER COUNT® �' �J BUILDING REVIEW& PERMITTING • CITATION Pursuant to section 489.127.(3)(a),Florida Statues,the undersigned hereby certifies that upon personal investigation,he/she has reasonable and probable grounds to believe that the person whose name appears below,as Issued To,did violate Subsection 489 127(1),Florida Statutes, and Collier county Contractor's Licensing Ordinance No.97-68(as may be amended from time to time)Fly c mmitting the violation stated below. � 2 t) MontR.;J 'Day IYe ITitne I t Issued To: t1 ifiVidl 16194 f fiwf1 l.UQfTL741 Address v 1U ' '...=`-1 1'•.i ^( �;� CityI�R fi' State 'Y 1 Zip''• 1Te ep t o. �•D• DBirth Race Sex t Height� I�:c�l9?52 1'421.56 1 I Vehicle Make/Type(if applicable) (Year Iot:.:I Tag No...; . ,__.. Location of Violation-S_SI„1 TrA,L. , N OPTIONS I have been informed of the violation of which I have been charged and elect the-following option(Check one) . jt!!1 f,r(77 1) ❑ 1 choose to pay the penalties of$ V= on the Citation. 2) ❑ I choose not to pay the penalty and will request in writing by:certified:mail or hand delivery an Administrative Hearing before the Contractor's Licensing.Boanl. I. Description of Violation 7C t r't1,,+ •. D�ate Violation Observed 2.10g a) ❑ Falsely hold self or business organ zatibn'out as a license,certificate hol er or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another, d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or revoked; 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 a capacity of a - contractor without being duly registered or certified," "` g) ❑ Operate a business organization engaged in contracting after(60)days ' following the termination of its only qualifying agent without designating another primary qualifying agent,except as provided in ss 489_.119 and 489.1 195,Florida Statues; h) CI Commence or perform work for which a budding pernut is`required'pursuant to an pied state minimum building code without such permit being in effect,or r) Willfully or deliberately disregard etvtolate any Collier County ordinance relating to ertified or unregistered contractors A person or business organization operating on an inactri/ or suspended certificate or. registration,or operating beyond the scope of work or ge = ical scope of the' registration,is not duly certified or registered. t 1 /„ Ir 'SIGNATURE(RECIPIENT) SIGNAT 'RE(INVESTIGATOR) ... ` ---, S` � � /EPRINT StECIP NT'S NAME) RlNT(INVESTIGATOR'S NAME) - 2- 51 Pursuant to 489.127,Florida Statues,willful refusal to sign a accept this citation constitutes. a misdemeanor of the second degree,punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) RECIPIENT COPY INSTRUCTIONS The penalty for each uncontested violation has been set by the Board of County Commissioners of Collier County and shall be payable to the Board of County Commissioners,2800 North Horseshoe Drive,Naples,Florida,34104,not later j than 10 days of the notice receipt,exclusive of weekends and legal holidays."' PAYMENT MUST BE MADE BY CASH,MONEY ORDER, OR CHECK ALL FEES MUST BE REMITTED IN U.S.FUNDS. ', FINE SCHEDULE-UNCONTESTED VIO . 1st Uncontested.Offense _$300.00 . Each Uncontested Offense Thereafter $500. REQUEST FOR HEARING: - You may request an Administrative Hearing within the same ten(10)day time frame, before the Collier County Contractor's Licensing Board upon notice, in writing, to the Director of the Building.Review and Permitting Department.If -! you do not request a hearing oc pay the penalty fee as prescribed,the citation shall automatically become a Final Order of the Contractor's Licensing Board ordering the violator to pay the civil penalty set_forth on the citation without a hearing. A certified copy of such Order shall be recorded in public records and thereafter shall constitute a lien against most real or personal property owned by the viola- tor.Upon petition to the Circuit Court,such Order may enforced in the same manner as a Court Judgement by the Sheriff's Office of the State.If after three(3)' months from filing such lien,the lien remains unpaid,the Contractor's Licensing Board may authorize the County Attorney's Office to foreclose on the lien. .- If you or your designated representative show at the Administrative Hearing that the citation is invalid,or the violation has been corrected prior to appearing, the Board may dismiss the citation unless the Board finds the violation to be irreparable or irreversible. The maximum penalty for a contested citation is$1,000 for each day the violation exits. Each day a willful knowing violation continues shall constitute a separate offense and penalties shall continue to accrue.Any aggrieved party may appeal a Final Administrative Order of the Board to the Circuit Court..Such appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created before the Board.An appeal must be filed within thirty(30)days of the execution of the Order. If you need additional information,call .. I Bern Michael Kahle 2790 Arbutus St Naples,Florida 34112 c-239-784-3011 Collier County Contractor Licensing Board 2800 Horseshoe Dr Naples,Florida 34104 Re: Citation#4101 Issued July 8, 2008 By Rob Ganguli This is to notify you that I wish to schedual an Administrative Hearing in order to contest this citation. S' ed, l Bern Michael Kahle 7/8/8 Recta , v to. 468 ' e(-6(j • Y � 1n I " 5 { � 1 m e QV= Y ,u s o [ rn a e o` w p,,,.,3.� "0 ` y' �• H o n "" .. v. 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N; s•nOOi� y i, . .0- riK ^0.g r 2. z pw + " r � ; ¢ �a' ��p o °g x�` +-°r I k x•�fv� ° � �, btu � � 4�ti �y� �'�n chi sGF �g .: E ''^ , l+ r , ,'i ' f t ; :11, ;,:01:.",•# , y - ,r' ' - 8 `- ::c a""'"'-r" ,Ki."w H ,, " t , �° S a Y ' i y i,iiti n '. r s x ,,� �, �l `-' f 3 4 t ''.,41,:, mFo g ° ; ` _L a ., r1 .-#, cis 3.p T �i� � ' ;y n -3:_ .., ,... s:.. .., r.. r ,,.w.,.:Y . „_",. .. ,:. �-. ,.`. .. -"g S.. ,- ?a; . t,f�'�-a,iv�.xf,-_... .. ,. :i. , .,. ._-r2.k,. ... .. .. �..r , _ , _ .. • Statutes Et Constitution :View Statutes:->20U7->Ch0489-'Section 103:flsenate.gov-Microsoft Internet Explorer provided by Th 4" v http://www.fisenate.gov/statutes/Index.cFm7App mode=oisplay_Statute&5earch String=&URL=ch0489/SECf03.HiM&T' 41-1;X F, j} File Edit View Favorites Tools Help ' Statutes&Cons on View Statutes >2007>ChO 1 ® Page ■ Tools ■ a the local permitting agency shall withhold final approval, revoke the permit,or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued.The local permitting agency shalt provide the person with a disclosure statement in substantially the following form: Disclosure Statement State taw requires construction to be done by licensed contractors.You have applied fur a permit under an exemption to that L:w, 'inc.exemption allows you,as the owner of your:rape`try, to act as ,roar own contractor with certain restrictions even though you do not have a license.You must provid direct,onsit€supervision of the construction yourself.You may build er improve one-family or two- fatuity resiaerce or a tarn outbuilding.'E'au may aiso build or tmot ..e In:c ai butting,. provided your costs do not exceed 575,000.The building or residence must be for your own use or oc_.upancy. It may not be built or substantial[;• niproved fur sale Jr leas you se`ur lease a building you have built or substantially improved yno sell votatn': }ear atrer t,,F C1^.str.irtin:t is §M complete,the law will presume that you built or substantially improved it for sate or tease,which is a violation of this exemption.You may not hire an unlicensed person to act as your contractor or to f l supervise people working on your building. It is you:responsibility to make sure that people employed by you have licenses required by state taw and by county or municipal licensing ordinances_You may not detegate the responsibility for supervising work to a licensed con actin who is not licensed to perform the work being done.Any person wonting or,your building wino is out licensed must work under your direct supervision and must be em;toyed by you,yv:ir_h mean,:hat ycu must deduct r.l.C.,'.and withholding tax and provide workers compensation for that employee,all as prescribed by law.Your construction must comply with all applicable laws.ordinances,building codes,and zoning regulations. P8) Any construction, alteration,improvement,or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal Law supersedes this part. (9) Any work or operation of a casual,minor,or inconsequential nature in which the aggregate contract price for labor,materials,and all other items is less than S1,000,but this exemption does not apply: i$S� IIntemet y 'z.u,-,mod.,a, 1 4v , �g start f'� 6mt � t3 �+ 1,ha, €T] s,..5„:1-Desktop � '� #.. �liiAM Wednesday,Jul 09,2008 09:10 AM Community Development&_ Environmental Services Division Contractor's licensing Investigation Report Permit Number A.CO g O j o f -4-c Name of Owner %t t dD a Date ' -/ S 1 c£ County/City Time Rec'd Job address Li k Li 1 t ) Aar .c LJ . Received by Contractor ; Complainant r, 4�,O Phone Number 5t-j ?d f Phone Number Comp. Card # Qualifier State Lic. No. Complaint: .4 L;(40 [ r . s-.iJ &-t-�-z A a 001 ;s (/ ,• _�J�• - -..�� .. y... per. • ♦ Yr� ! t �� r e-JA 14-0 0,11-t.K2A / A/A-LOLA ea.& ,Lit:AAA-%elhO et.02 aCjt _10 fLiztA A44 r!. • 1 L-1 f 6't S2 ►` i& 'fit a �, - ' • � ' . � �. . . ���U ' .4 v` 1.(L. r 31 Investigator Date 0812912008 0922 M&M CONCRETE (FAX)81 43448860 P.0021005 M&M CONCRETE, INC. 566 THEATRE ROAD P.O.BOX 87 ST.BENEDICT,PA 15773 (814)344-8446 FAX(814)344-8860 August 29,2008 Construction Licensing Board Community Development&Environmental Services Division 2800 North Horseshoe Drive Naples FL 34104 RE: Cover Letter to Board Reason for Qualifying a Second Entity To The Members of the Board: M&M Concrete Inc herein requests to be qualified as a second entity for the following reason(s): F Ve(t L-- - • icense(28624)is issued to Matrix Concrete Systems Inc. Matrix is a residential contractor s•-cializing in poured walls. I am a 50%shareholder of Matrix Concrete ystems nc. M&M Concrete Inc is a commercial concrete contractor specializing in footers and slab on grade construction. I am the 100%shareholder of M&M Concrete Inc. The qualifying of M&M Concrete Inc will open a market not available to Matrix Concrete Systems Inc. If you have any questions or need additional information, please do not hesitate to contact. Sincerely, AZ7 7ej-, Michael Zeanchock,I1I President 0812912008 0922 M&M CONCRETE (FAX)8143448860 P.0011005 Fax Transmission M&M CONCRETE,INC. 566 THEATRE ROAD P. O.BOX 87 ST.BENEDICT,PA 15773 (814)344-8446 EXT.111 FAX: (814)344-8860 To: Maggie Date: August 29,2008 Fax#: (239)252-2469 Pages: 5,including this cover sheet From:. Dennis Golgosky, Controller Subject: Lee County Licenses/Cover Letter to Qualify Second Entity Maggie: Per our telephone conversation on 08/07/2008,the following documents should complete our application: ❑ Cover letter to the board stating why M&M Concrete Inc is requesting to be qualified as a second entity. ❑ Copy of Lee County Certificate of Competency No. CW08-00628 valid through 09/30/2009. ❑ Copy of Lee County Local Business Tax Receipt Account Number 0806712 valid through 09/30/2009. ❑ Copy of Lee County Certificate of Use Permit Number USE2008-00786 for 5637 Second St W Unit#5 Lehigh Acres FL 33971 I will contact you next week to see if our application is now ready for the meeting . ' on 09/17/2008 at 9:00 AM. Thanks, 08/29/2008 09:22 M&M CONCRETE (FAX)8143448860 P.003/005 are• LEE COUNTY License Holder MICHAEL ZEANCHOCK III Name: Firm Name: M AND M CONCRETE INC Address: PO BOX 87 ST BENEDICT PA 15773 • TRAtW: 1 TIsCC!.DIT TC}1 c_=i.. • j=riis • • LEE COUNTY MAIL AADRESS AND/OR CERTIFICATE OF COMPETENCY sgelneuaosmook TELEPHONE A CHANGE TO (23w)538-5895 LEE COUNTY Roam*due for aeire and kat adeMototamfaarhSooremmec DEVELOPMENT SERVICES P.O.BOX 398 NAME MICHAEL ZEANCHOCK III FORT MYERS,FLORIDA 3390Z D/9/A MAN!)M CONCRETE INC COUP.NO.traraoaarmaradvamewes Mohan vailmoraaodiny■ NON=vicuna. ATTENTION:CONTRACTOR LICENSING LICENSED FOR: Concrete Forming&Placing 818-1 oohr WNW In OODOt ei$$dm s:6n On .Omni of Amami nqudndone MVO COMP.NO.: CW08-00628 ego myaeanaotrod manage on acdve atNrloaw. NOT VALID AFTER:99!30/2008 WO lacewing cwaoedrudedmnm Mice orannm or rxobdem Bmnature of Ucenee Holder 08/29/2008 09:22 M&M CONCRETE (FAX)8143448860 P.0041005 WUI LUI Lu1JU it.,J4 1GJJJUJUUJY 1•II•1 .n ..rs..IL I-Hl'7G CI O.'7 . Lee County Tax Collector 2480 Thompson Street i ;� `'t'_ Fort Myers, Florida 33901 www.leetc.com Tel: (239)533-8000 Local Business Tax Account: 0806712 Dear Business Owner: Your 2008-2009 Lee County Local Business Tax Receipt Is attached below. Please detach the receipt and display it in a place that is visible to the public and available for inspection. The Lee County Local Business Tax Receipt is in addition to any other license or certificate that may be The Lee County Local Business Tax Receipt compliance s non-rregulatory and is not n endorsement of work n� quality. Your 2008-2009 Local Business Tax Receipt is valid from October 1, 2008 through September 30, 2009. Annual account notices are mailed in August to the address of record at that time. Please follow the instructions on the back of this letter to transfer your Local Business Tax Account due to a change of business name,ownership, physical address or you are closing your business. I hope you have a successful year_ Lee County Tax Collector Detach and display bottom portion and keep upper Portion for your records LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2008 -2009 a= }' ACCOUNT NUMBER: 0806712 ACCOUNT EXPIRES SEPTEMBER 30,2009 May engage in the bus of leas of CONCRETE FORMING/PLACING/CASTING 1 SHAPING Location CONTRACTOR 6637 2ND ST W UNIT 5 LEHIGH ACRES PL 33971 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY M&M CONCRETE INC OF PENNSYLVANIA THIS IS NOT A BILL•DO NOT PAY M&M CONCRETTE INC OF PENNSYLVANIA PO BOX 87 ST BENEDICT PA 15773 PAID 246766-3-1 08/26200811:38:18 CCMI $50.00 08/2912008 09:22 M&M CONCRETE (FAH)8143448860 P.005/005 UYI LYI LYUY 2V.JG 1LJ 7J07U OJY 1.11,1 t.K.IMANC.I C. r,-. . U:JI Ci:.i rram;NPUCmaker To:8812393890834 Page:1/1 Date:8122120081:12:39 PM COUNTY �' ti:Ei COUNTY se,11: rnsvh,: CiORMA Lee County, Florida :;tr1rri:tYES FLORIDA Division of Development Services Certificate of Use Date: 08/22/2008 PERMIT NUMBER: USE2008-00786 Applicant Name: MIKE ZEANCHOCK III Business Location: 5637 SECOND ST W UNIT#5 Business Name: M AND M CONCRETE INC OF PENNSY Description: M AND M CONCRETE INC OF PENNSYLVANIA/•CONCRET PLACING AND FINISHING / MON - FRI 8 AM TO 5 PM (OFFICE/WAREHOUSE) Zoning: IL • Strap: 30-44-26-01-00002.0150 • In conformity with section 106.1 Standard Building Code,authorization to occupy Is granted as noted herein. f3eJt BUILDING OFFICIAL THIS CERTIFICATE MUST BE POSTED IN YOUR OFFICE ALONG WITH YOUR BUSINESS TAX RECEIPT • e ••• ° --J BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION COLLIER COUNTY/CITY OF NAPLES/CITY OF MA ' to _ -- Contractors Licensing Board Community Development&Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Telephone: (941)403-2431 Facsimile: (941)403-2345 APPLICATION TO QUALIFY SECOND ENTITY THIS FORM MUST BE COMPLETED IF YOU WISH TIO INITIATE OR CHANGE THE STATUS OF AN EXISTING LICENSE. READ ALL INSTRUCTIONS AND MAKE SURE YOU HAVE SIGNED WHERE INDICATED. TYPE OR PRINT IN INK. MAKE CHECKS PAYABLE TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ALL CHECKS MUST CLEARLY STATE APPLICANT'S NAME AND ADRESS. PLEASE ALLOW 2 -3 WEEKS FOR PROCESSING. FEES 50.00 ctf�.' P _ 28624 1. Applicant's Name (Licensee) Michael Zeanchock III LIC LICENSE it— UNDER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURITY NUMBERS IS VOLUNTARY UNLESS SPECIFICALLY REQUIRED BY FEDERAL STATUTE. IN THIS INSTANCE, SOCIAL SECURITY NUMBERS ARE MANDATORY PURSUANT TO TITLE 42 UNITED STATES CODE, SECTIONS 653 AND 654; AND SECTIONS 455.203(9), 409.2577, AND 409.2598, FLORIDA STATUTES. SOCIAL SECURITY NUMBERS ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLE IV-D CHILD SUPPORT AGENCY TO ASSURE COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS. SOCIAL SECURITY NUMBERS MUST ALSO BE RECORDED ON ALL PROFESSIONAL AND OCCUPATIONAL LICENSE APPLICATIONS AND WILL BE USED FOR LICENSE IDENTIFICATION PURSUANT TO THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996(WELFARE REFORM ACT), 104 PUB.L. 193; SEC. 317. 205 48 4563 08 19 65 ' -/- -/- - - - i --/--/-- i Place of Birth: (City) Spangler (State) PA (Nation) USA Social Security Number Date of Birth SEX: X Male Female ! RACE: _X_(I)White ;(2)African-American;—(3)Hispanic ;(4)Asian (5)Indian;(6)Other 2. Name of Business To Be Qualified: M & M Concrete, Inc. Mailing Address: PO Box 87 St Benedict PA 15773 Street or P.O.Box City State Zip Street Address: 5637 2nd St W, Unit 5 Lehigh Acres FL 33971 Street City State Zip Business Phone Number: (814 344-8446 Fxt 1 01 Federal ID Number: 23-7881 192 APPLICATION TO QUALIFY SECOND ENTITY 3. Applicant's (Licensee)Name: Zeanchock, III Michael Last First Middle Applicant's (Licensee) Official Mailing Address of Record: PO Box 87 St Benedict Cambria PA 15773 Street City County State Zip Street Address (if Post Office Box is listed above): 566 Theatre Road St Benedict Cambria PA 15773 Street City County State Zip Home Phone (814 ) 344-8133 Office Phone (814) 344-8446 Fx 101 4. VERIFICATION OF GENERAL LIABILITY INSURANCE and WORKERS' COMPENSATION (or exemption from Workers Law) INSURANCE (ATTACH A CERTIFICATE OF INSURANCE OR EXEMPTION. I HEREBY AFFIRM THAT I HAVE OBTAINED GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE IN THE AMOUNTS SET FORTH BELOW and workers' compensation insurance (unless exemption has been filed with and approved by the Bureau of Workers' Compensation compliance), for the safety and welfare of the public. I further affirm that I have met all continuing education requirements. I understand that it is my responsibility to maintain all documentation supporting this affirmation of eligibility. I affirm that these statements are true and correct and I recognize that providing false information may result in a FINE,SUSPENSION or REVOCATION of my contractor's license. Michael Zeanchock III 8/01/2008 AP L.IC NT' SIGNATURE PRINT OR TYPE NAME DATE MINIMUM AMOUNTS REQUIRED FOR GENERAL LIABILITY INSURANCE $100,000 bodily injury, $'25,000-property damage - „y COMBINED SINGLE LIMIT POLICIES MUST BE IN THE MINIMUM AMOUNTS REQUIRED TO FILE A NOTICE OF ELECTION TO BE EXEMPT from the provisions of the FLORIDA WORKERS' COMPENSATION LAW, contact your nearest Florida Department of Labor and Employment Security, Bureau of Workers' Compensation Compliance office to obtain form#BCM-250-T. 3 • APPLICATION TO QUALIFY SECOND ENTITY 5. QUESTIONNAIRE—QUALIFYING A SECOND ENTITY THIS FORM MUST BE COMPLETED BY THE APPLICANT REQUESTING TO QUALIFY A SECOND ENTITY OR REQUESTING A CHANGE TO AN EXISTING SECOND ENTITY QUALIFICATION. THE APPLICANT AND PRESIDENTS (OR PARTNERS/OWNERS) OF ALL COMPANIES INVOLVED MUST SIGN WHERE INDICATED. PLEASE USE THIS SHEET. ONLY USE ADDITIONAL SHEETS IF NECESSARY. A. Explain why you wish to maintain your present license(s) while qualifying this additional business. Matrix is a residential contractor in which I am a 50% shareholder/ owner. M & M Concrete, Inc. . is a commercial concrete company in which I am a 100% shareholder/owner. B. Has the proposed entity been previously qualified? If so, explain why the previous qualifier is no longer willing to continue to qualify this entity. No C. If the proposed entity has been qualified within the last 12 months, list the last three jobs completed by the proposed entity. Include dates of completion, address, description of work, name of previous qualifier and name of owner. N/A D. List the last three jobs completed by you under your existing license. Include date of completion, address, description of work,name of previous qualifier and name of owner. 11/07 Lehigh Acres Concrete Houses Guy Derby - Derby Homes 12/07 Lehigh Acres Concrete Houses Bill Boulton - Boulton Homes 12/07 Lehigh Acres Concrete Houses Paramount Homes E. Do the business(s) you presently qualify and/or wish to qualify have any outstanding liens against them or against the property of consumers as a result of construction work or a contract they had with your firm? YES NO X If yes, identify business and provide explanation. F. List principal suppliers for the past six months for the business you presently qualify. GCM - Concrete Supplies Whitecap Supplies G. List principal suppliers for the past six months for the business you are applying to qualify. New Enterprise Stone & Lime CTI 4 APPLICATION TO QUALIFY SECOND ENTITY H. List persons authorized(currently and in the past 6 weeks) to pull permits on your license(s). Michael Zeanchock III I. How are you being paid by the business(s)you presently qualify (examples: salary, %of profits, etc.)? of Profits J. How will you be paid by the business you are applying to qualify? of Profits K. What percentage of ownership do you have in the present business(s) you are qualifying and what percentage of ownership will you have in the business you are attempting to qualify? 50% - Present 100% - Qualifying L. Do you (applicant)have check writing authority for the present and proposed entity? YES x NO If yes, provide a letter from the bank. M. List officers (or partners, owners) of business you are applying to qualify and give title/position held. Michael Zeanchock III President Michael Zeanchock III Sec / Treas N. List officers (or partners, owners) of business you presently qualify and give title/position held. James M. Bassett President Michael Zeanchock III Sec / Treas O. Do the business(s) you presently qualify and wish to qualify have any other licenses presently qualifying those businesses? YES X NO . If yes, list licensee's name, license number and address. 11701 Belcher Rd-Suite 102 Pinellas County C-10305 Largo, FL 33773 P. Submit notarized statements signed by an authorized agent of the entity(s) you presently qualify and from an authorized agent of the proposed entity attesting to the fact that each is aware of what entity you presently qualify, and what entity you are requesting to qualify. SEE ATTACHED 5 APPLICATION TO QUALIFY SECOND ENTITY 6. FINANCIAL RESPONSIBILITY. All applicants/licensees must answer the questions below. If you answer "yes" to any of the questions, a written explanation is required. Additional documentation is also required,as indicated. If you are applying to qualify a corporation,partnership or other legal business entity, ALL OFFICERS OF THAT ENTITY MUST ALSO EXPLAIN IF ANY OF THE BELOW WOULD PERTAIN TO THEM. This would include the president, vice president, secretary, and/or partners or owner of the proprietorship. HAVE YOU, the business organization, or any of the above mentioned individuals in any capacity ever: YES NO X A. Undertaken construction contracts or work that a third party, such as a bonding or surety company, completed or made financial settlements? X B. Had claims or lawsuits filed or unpaid or past due accounts by your creditors as a result of construction operations? X C. Undertaken construction contracts or work which resulted in liens, suits or judgments being filed? X D. Had a lien filed against you by the U. S.Internal Revenue Service or Florida Corporate Tax Division? If "yes", you must attach a copy of the Notice of Lien, and any payment agreement, satisfaction, Release of Lien or other proof of payment. X E. Made an assignment of assets in settlement of construction obligations for less than the debts outstanding? X F. Been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, been "subject to" any disciplinary action by a state, county, or municipality? If "yes", you must attach a copy of any state, county, municipal or out-of-state disciplinary order or judgment. X G. Filed for or been discharged in bankruptcy within the past five years? If"yes", you must attach a copy of the Discharge Order, Order Confirming Plan, or if a Corporate Chapter 7 case, a copy of the Notice of Commencement. X H. Been convicted or found guilty of, or entered a plea of nolo contendere to,regardless of adjudication, a crime in any jurisdiction within the past 10 years? NOTE: IF YOU, THE APPLICANT/LICENSEE, HAVE HAD A FELONY CONVICTION, PROOF THAT YOUR CIVIL RIGHTS HAVE BEEN RESTORED WILL BE REQUIRED PRIOR TO LICENSURE. NOTE: The Board requires any applicant/licensee who answers "yes"to any question contained in the Financial Responsibility Section of the Application to supply a complete explanation of the response, and include a statement detailing the steps taken by the licensee to prevent a recurrence of the circumstances leading to the conviction, discipline,judgment, bankruptcy, or other event leading to the response. You must include any proof of payment,satisfaction of liens,judgments and bankruptcy discharge papers in your submittal,if applicable. Applicants may be required to appear before the Application Review Committee to answer questions regarding such responses. 7. CREDIT REPORT (Reports that do not include the following information will not be acceptable) Reports for the present and proposed entities must be submitted (not more than six months old) from a nationally recognized credit- reporting agency and must be submitted before an additional license can be issued. If you are applying to qualify as an individual, the credit report must be on you. If you are applying to qualify a business organization,the credit report must be on the business organization. If your business is newly established,you will ALSO need to submit credit reports on the following: the newly formed business and the majority owners holding 25%or more interest PLUS letters from three construction related suppliers indicating that an account either exists or has been opened for the entity you are applying to qualify. A credit report is also required for the entity that you are presently qualifying. 6 APPLICATION TO QUALIFY SECOND ENTITY Make sure you give written authorization to the credit agency so they can accurately check your credit references. Federal, State,County (including all counties within the State of Florida)public records pertaining to judgments,bankruptcies,and tax liens must be searched and results noted on the credit report. The credit report must include a public records check of the.home counties and all other counties where 25% or more of the contractor's work has been done over the last three years. (If public records reflect unsatisfied obligations, attach written explanation and legal documentation.) The credit report must reflect officers, partners, and proprietors and FEIN and Social Security numbers. Attach a credit report(s) from a nationally recognized credit-reporting agency to this application. If you are unable to receive the credit report, you may have a credit agency send the credit report directly to: Florida Construction Industry Licensing Board, 7960 Arlington Expressway,Suite 300,Jacksonville,Flgrjda,�32211- 467,and complete this statement: MM bbce DI Concrete, Inc. I have requested acreditreport(s)on Matrix Concrete Systems, Inc. Date 8/01 /OS (PROPOSED ENTITY AND PRESENT ENTITY) to be sent directly from National Research Group (NAME OF CREDIT REPORTING AGENCY) 8. CORPORATIONS — ATTACH A COPY of the current Annual Report Form filed with the Florida Secretary of State or, if your corporation is newly established, attach a copy of the Florida Certificate of Incorporation for the proposed and present entities, if applicable. All foreign (out of state) corporations must register with the Florida Secretary of State (850)488-9000. SEE ATTACHED 9. FICTITIOUS NAME — ATTACH A COPY of the recorded Fictitious Name Registration from the Division of Corporations; also submit a copy of the filed application or newspaper article for the proposed and present entities, if applicable. (This does not apply to corporations using their registered name.) N/A 10. ORGANIZATIONAL RELATIONSHIPS — Do you qualify any business other than the business you are applying to qualify? YES x NO (If "yes", what percentage of the business do you own (if any)? 50 %). Contact Board office for guidelines to qualify more than one business. Company Name: Matrix Concrete Systems , Inc. Company Address: PO Box 364 _ Elmore PA 15737 Your License Number: 2 8624 11. PROOF OF CONTINUING EDUCATION IS REQUIRED when reactivating or reinstating a license. When reactivating or reinstating your license, you must attach a copy of your Certificate of Completion from a Board approved sponsor. You must provide proof of your continuing education hours, equal to those required of an active licensee, during the period of time your license was delinquent or inactive (beginning December of 1993). N/A 7 AFFIDAVIT I, Michael Zeanchock III certify that the foregoing is true and correct to the best of my knowledge. AUTHO ZED FFICER FOR THE FIRM STATE OF FLORIDA iOn- COUNTY OF devo „___ The foregoing ins • ent was acknowled d before me this e:/// /oY - / A E) by L --� �. Hof �! se- * (eyt cam- ∎ e_ (NAME OF OF TITLE/AGENT) C(r�E OF CORPORATION a �. ice. corporation, on behalf of the corporation. He/She has (ST'TE OR PLACE IF CORPORATION) produced LA P `'Ci Ylt-wvl_`-t"D h'lk_ as identification and did not take an oath. (TYPE OF IDENTIFICATION) NATURE OF NOTA•Y w In?. Ctir ,�-tL (PRINT NAME OF NOTARY) NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia M.Couturiaux,Notary Public St.Benedict BorO,Cambria County My Commission Expires Aug.13,2008 Member.Pennsylvania Association Of Notaries 8 1 + AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance 90-105, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he/she is legally qualified to act on behalf of the business organization sought to be licensed in all matters connected with its contracting business and that he/she has full authority to supervise construction undertaken by himself/herself or such business or organization and that he/she will continue during this registration to be able to so bind said business organization. The qualified license holder understands that in all contracting matters, he will be held strictly accountable for any and all activities involving his license. Any willful falsification of any information contained herein is grounds for disqualification. __ Michael Zeanchock III APPLICANT(PLEASE PRINT) M & M Concrete, Inc. NAME OF COMPANY SIG A APPLICANT STATE OF FTORITrr pi COUNTY OF( d The foregoing instrument was acknowledged before me this 8 // //c• V by (DATE) • Aft who has produced /S c'AAA-iL'/ (NAME OF P RSOo ACKNOWLEDGING) (TYPE OF IDENTIFICATION) as identification and who did not take an oath. lex SIGNATURE OF NOTARY • fM ; NOTARINBWI Patricia M.Couturiaux,Notary Public St.Benedict Boro,Cambria County 9 My Commission Expires Aug.13,2008 Member,Pennsylvania Association Of Notaries www.sunbiz.org - Department of State Page 1 of 2 LORI PA 'IM I OF STAT IVI IO o CORPORATIONS Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Detail by Entity Name Foreign Profit Corporation M&M CONCRETE INC OF PENNSYLVANIA Cross Reference Name M&M CONCRETE, INC. Filing Information Document Number F07000004899 FEI Number 232881392 Date Filed 10/02/2007 State PA Status ACTIVE Principal Address 566 THEATRE ROAD ST BENEDICT PA 15773 Mailing Address PO BOX 87 ST BENEDICT PA 15773 Registered Agent Name & Address MATRIX CONCRETE SYSTEMS INC 5637 2ND ST W UNIT 5 LEHIGH ACRES FL 33971 US Officer/Director Detail Name&Address Title CPST ZEANCHOCK, MICHAEL III 566 THEATRE ROAD ST BENEDICT PA 15773 Title D ZEANCHOCK, MICHAEL III 566 THEATRE ROAD ST BENEDICT PA 15773 Annual Reports Report Year Filed Date 2008 01/18/2008 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc_number=F0700000489... 8/7/2008 www.sunbiz.org - Department of State Page 2 of 2 Document images 01/18/2008--ANNUAL REPORT I View image in PDF format 10/02/2007 Foreign Profit View image in PDF format J Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History [ Entity Name Search j Home Contact us Document Searches F'-Filing Services Forms Help Copyright and Privacy Policies Copyright© 2007 State of Florida, Department of State, http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc_number=F0700000489... 8/7/2008 RESOLUTION OF AUTHORIZATION WIIEREAS, M & M Concrete, Inc. proposes to engage in (NAME OF BUSINESS ENTITY) contracting as Foreign Corporation in Collier County, Florida, according to (TYPE OF LEGAL ENTITY:CORP.,PARTNERSHIP,ETC.) Collier County Ordinance 99-45; and WHEREAS, M & M Concrete, Inc. proposes to qualify for a Certificate (NAME OF BUSINESS ENTITY) of Competency with Michael Zeanchock III • (NAME OF INDIVIDUAL) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: We the undersigned Officer / Owner of M & M Concrete, Inc. hereby (OFFICERS,OWNERS, PARTNERS) (NAME OF BUSINESS ENTITY) resolve and represent to the Collier County Contractors' Licensing Board that the qualifying agent, Michael Zeanchock III , is active in all matters connected with the contracting business of (NAME OF INDIVIDUAL) M & M Concrete, Inc. , and (NAME OF BUSINESS ENTITY) We further resolve and represent that Michael Zeanchock III is legally empowered (NAME OF INDIVIDUAL) to act for M & M Concrete, Inc. in all matters connected with its contracting business, (NAME OF BUSINESS ENTITY) and has the . . brity to supervise construction undertaken by M & M Concrete, Inc. . (NAME OF BUSINESS ENTITY) jV (Officers,Partners, Owners—with Designation underneath) AlAdr ,i 4/.7-'1 ,:_-4-7‘. ,_, (v OW Ow,ne "4---- 77 ( ,i3ar President .SS) Corporate Seal(if applicable)or Notary Public Certificate , / 5.4- / Sworn to and subscribe before me this / day of ,200f by 0 / /r_ :Al a_tr., , , OOTARY PUBLIC NAME PRINTED OF PENNSYLVANIA PUBLIC � ` R RINTED CONiNiOPiIW @AL"6"l°s O NOTARY PUBLIC S[GNN7 URE COMMISSION NUMBER S"- Notarial Seal MY COMMISSION EXPIRES: Patricia M.Couturiaux,Notary Public St.Benedict Bona,Cambria County , My Commission Expires Aug!.13,2008 10 Member,Panass?+l,rani^;Association Of Notaries • ` AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF Before me, the undersigned notary public, this day personally appeared Mark Zeanchock, authorized agent for M & M Concrete, Inc, to me known (or satisfactorily proven to be the person), who being duly sworn according to law, deposes, attests and states: M & M Concrete, Inc. is fully aware that Michael Zeanchock, III is requesting to qualify M & M Concrete, Inc. in Collier County, Florida and, further, that Michael Zeanchock, III is the - qualifier in Collier County, Florida for Matrix Concrete Systems, Inc. Sworn to and subscribed before me this / d'day of August, 2008. Aril 4 Alf Ill Aar Air Notary Public COMMONWEALTH OP PENNSYLVANIA Notarial Seal Patricia M.Couturlaux,Notary Public St.Benedict Born,Cambria County My Commission Expires Aug.13,2008 Member,Pennsylvania Association Of Notaries _ - AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF_cam ) Before me, the undersigned notary public, this day personally appeared Dennis Golgosky, authorized agent for Matrix Concrete Systems, Inc, to me known (or satisfactorily proven to be the person), who being duly sworn according to law, deposes, attests and states: Matrix Concrete Systems, Inc. is fully aware that Michael Zeanchock, III is the qualifier in Collier County, Florida for Matrix Concrete Systems, Inc. and, further, that Michael Zeanchock, III is requesting to qualify M &M Concrete, Inc. in Colli- ounty,Florida. / fr/ Sw/ to and subscribed before me t yf / day of August,2008. F I EI %' I.� .L. � Notary Pub is COMMOMWEALTH OF PENNSYLVANIA Notarial Seal Patrida M.Couturiaux,Notary Public St.Benedict Bono,Cambria County My Commission Expires Aug.13,2008 ,I Member,Pennsylvania Association Of Notaries Our 12th ear Of Professional Service To Florida Employers&Landlords 11111 -1 applicant background checks August 01, 2008 Collier County Contractor License Board Services Division 2800 North Horseshoe Dr Naples, Florida 34104 RE: Michael Zeanchock Enclosed please find business credit reports for M & M Concrete Inc of Pennsylvania and Matrix Concrete Systems Inc., which is a requirement for licensing. Federal, State and county records were searched and eight records were found for M & M Concrete Inc., and four records were found for Matrix Concrete Systems Inc. Sincerely, Doris H oa crt•ForrIgNO NATIONAL RESEARCH GROUP APPLICANT BACKGROUND CHECKS nassau center• suite 103 209 south nassau street-venice florida 34285 (ct! 941.488.8500 800.531.6522 941.488.8505 MA n rg i nfo@ atla n tic.n et Account # : 9001AR Req } : 5VQ Sdarch,Name : BUSINESS CREDIT Lash Name M & M CONCRETE INC 0 First Name : F PENNSYLVANIA Middle Name : $ Date Sent : 07/28/2008 Date Received: 07/28/2008 DISCLAIMER Information contained herein should not be the sole determination in evaluation of this individual . All other factors, references and current situations should be considered. Human error in compiling this information is possible. The FCRA requires certain actions if you take adverse action based in whole or in part on this report . See your Help File, the FCRA or call for procedures. BUSINESS CREDIT SEARCH Name • F PENNSYLVANIA $ M & M CONCRETE INC 0 Completed By • Search Date 'Reference Number 24486265 • "A PUBLIC SEARCH OF FEDERAL,STATE AND COUNTY RECORDS HAS BEEN CONDUCTED. " EIGHT RECORDS FOUND. 4 Business Profile - M & M CONCRETE EXPERIAN BUSINESS PROFILE ::PAGE RPT DATE TIME PORT TYPE •7 1 07/28/2008 11 :59 : 34 -ALJ PROFILE 404 7K & M CONCRETE INC BIN: 717254002 566 THEATRE RD SAINT BENEDIC PA 15773 PHONE: 814-344-8446 EXECUTIVE SUMMARY }THE PRIMARY BUSINESS FOR M & M CONCRETE INC IS EQUIPMENT RENTAL AND LEASING, NEC (SIC 7359) . THEY ORIGINALLY FILED TO DO BUSINESS ON OCTOBER 2, 2007 . a, DAYS BEYOND TERMS (DBT) FOR M & M CONCRETE INC AS OF 07/28/08 : 0 ** THIS BUSINESS IS PAYING, ON AVERAGE, PREDICTION FOR 09-24-08 : 1 0 DAY(S) LATER THAN INVOICE DUE DATE. ** DBT NORMS MISC EQUIP RENTAL: 4 [ ALL INDUSTRIES: 6 rHE MOST FREQUENT PURCHASING TERMS IN THE MISC EQUIP RENTAL INDUSTRY ARE: NET 30, CREDIT AND SPECIAL MT RANGES BASED ON CURRENT PAYMENT BEHAVIOR: THIS BUSINESS S RANGE =_= 80% OF U.S. BUSINESSES HAVE A DBT OF 0 - 15, 11% OF U.S. BUSINESSES HAVE A DBT OF 16 - 50, 5% OF U.S. BUSINESSES HAVE A DBT OF 51 - 90, 4% OF U.S. BUSINESSES HAVE A DBT OF OVER 90. HISTORICAL PAYMENT GUIDE 6 MONTH ACCOUNT BALANCE RANGE : $10400-$15300 (CURRENT TOTAL: $13600) HIGHEST CREDIT AMOUNT EXTENDED: $36400 (MEDIAN: $300) PAYMENT HISTORY--QUARTERLY AVERAGES , ` -DAYS PAST DUE- BALANCE 1- 31- 61- . DBT $ CUR 30 60 90 91+ 2ND-Q-08 (APR-JUN) : 0 12500 100% 1ST-Q-08 (JAN-MAR) : 0 13600 100% 4TH-Q-07 (OCT-DEC) : 0 14000 100% 3RD-Q-07 (JUL-SEP) : 0 16500 100% 2ND-Q-07 (APR-JUN) : 0 20000 100% PUBLIC RECORD INFORMATION UCC PROFILE JCC-FILED 03-29-07 2007033003544, SEC OF STATE PENNSYL >ECURED PTY: FIRST COMMONWALTH BANK PA HOLLIDAYSBURG 16648 ROUTE 220 N. & :OLLATERAL: ACCTS REC, EQUIP, INVENTORY, HEREAFTER ACQUIRED PROP, UNDEFINED COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. r*CONTINUED** 3XPERIAN BUSINESS PROFILE ?AGE 4 07/28/2008 M & M CONCRETE INC BIN: 717254002 UCC PROFILE (CONTINUED) JCC-FILED 02-28-07 2007022805236, SEC OF STATE PENNSYL SECURED PTY: KEY EQUIPMENT FINANCE INC. NY ALBANY 12207 66 SOUTH PEARL ST OLLATERAL: EQUIP, HEREAFTER ACQUIRED PROP, UNDEFINED JCC-FILED 01-03-06 2006010702155, SEC OF STATE PENNSYL SECURED PTY: FIRST COMMONWEALTH BANK PA INDIANA 15701 PO BOX 400 JOLLATERAL: EQUIP, HEREAFTER ACQUIRED PROP, UNDEFINED JCC-FILED 06-02-05 2005060300620, SEC OF STATE PENNSYL SECURED PTY: FIRST COMMONWEALTH BANK PA HOLLIDAYSBURG 16648 PO BOX 503 DDLLATERAL: EQUIP, FURN & FIX, INVENTORY, HEREAFTER ACQUIRED PROP, UNDEFINED UCC-FILED 04-30-99 30201619, SEC OF STATE PENNSYL SECURED PTY: FIRST COMMONWEALTH BANK PA JOHNSTOWN 15907 CENWEST BANK DIVI UCC-AMENDED 10-05-05 2005100502831, SEC OF STATE PENNSYL DRIG FILING: 01-01-01 2003056180 SEC STATE, PA SECURED PTY: NORWEST EQUIPMENT FINANCE, INC. MN MINNEAPOLIS 55479 733 MAR UCC-AMENDED 06-10-04 20040617027, SEC OF STATE PENNSYL DRIG FILING: 01-01-01 31510616 SEC STATE, PA SECURED PTY: CENWEST BANK PA JOHNSTOWN 15907 217 FRANKLIN ST PO BOX 1040 UCC-CONT 07-28-03 20030562036, SEC OF STATE PENNSYL DRIG FILING: 01-01-01 29340779 SEC STATE, PA SECURED PTY: NORWEST EQUIPMENT FINANCE INC MN MINNEAPOLIS 55479 733 MARQU COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. **CONTINUED** EXPERIAN BUSINESS PROFILE PAGE 5 07/28/2008 M & M CONCRETE INC BIN: 717254002 COMPANY BACKGROUND INFORMATION CHE FOLLOWING WAS PROVIDED BY THE STATE OF FLORIDA. -[ISTORY : BUSINESS INCORPORATED AS A FOR-PROFIT CORPORATION, FEDERAL TAX ID IS 232881392. 2URRENT STATUS : ACTIVE BUSINESS. AGENT IS MATRIX CONCRETE SYSTEMS INC LOCATED AT 5637 2ND ST W, LEHIGH ACRES. FL. ?RIMARY PRODUCT/SERVICE: EQUIPMENT RENTAL & LEASING, NEC SIC: 7359 ?RINCIPAL(S) : MICHAEL ZEANCHOCK TITLE: PRESIDENT MONICA ZEANCHOCK TITLE: OFFICE MAN 4 INQUIRIES BUSIN SS 2008 2007 CATEGORY JUL JUN MAY APR MAR FEB JAN DEC NOV --- --- --- --- --- --- --- --- 3US SERVCS 1 3ENERAL 1 INSURANCE 1 --- - --- --- --- --- --- --- TOTALS 1 1 1 FHE INFORMATION HEREIN IS FURNISHED IN CONFIDENCE FOR YOUR EXCLUSIVE USE FOR LEGITIMATE BUSINESS PURPOSES AND SHALL NOT BE REPRODUCED. NEITHER ;XPERIAN INFORMATION SOLUTIONS, INC. , NOR ITS SOURCES OR DISTRIBUTORS WARRANT SUCH INFORMATION NOR SHALL THEY BE LIABLE FOR YOUR USE OR RELIANCE UPON IT. COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED, "END PROFILE** END-OF-REPORT kcco)A-t # : 9001AR : 5US 3earc1L Name : BUSINESS CREDIT ..ast► Name : MATRIX CONCRETE SYST First Name : MES INC rtiddle Name : $ )ate Sent : 06/24/2008 )ate Received: 06/25/2008 DISCLAIMER Information contained herein should not be the sole determination in evaluation of this individual . All other factors, references and current situations should be considered. Human error in compiling this information is possible. The FCRA requires certain actions if you take adverse action based in whole or in part on this report . See your Help File, the FCRA or call for procedures. BUSINESS CREDIT SEARCH dame • MES INC $ MATRIX CONCRETE SYST :ompleted By ;starch Date • teference Number • 24166686 "A PUBLIC SEARCH OF FEDERAL,STATE AND COUNTY RECORDS HAS BEEN CONDUCTED. " FOUR RECORDS FOUND. .N EXACT MATCH WAS NOT FOUND FOR YOUR SEARCH. THE CLOSEST POSSIBLE MATCH IS ATTA 3usiness Profile - MATRIX CONCRETE SYSTMES EXPERIAN BUSINESS PROFILE PAGE RPT DATE TIME PORT TYPE 1 06/25/2008 04:46 : 10 -ALJ PROFILE 404 !4ATRIX CONCRETE SYSTEMS IN 2 BIN: 718187353 PO BOX 364 ELMORA PA 15737-0364 PHONE: 888-887-0848 EXECUTIVE SUMMARY THE PRIMARY BUSINESS FOR MATRIX CONCRETE SYSTEMS IN 2 IS CONCRETE WORK (SIC 1771) . THE BUSINESS WAS INCORPORATED ON OCTOBER 22, 2007 IN PENNSYLVANIA. DAYS BEYOND TERMS (DBT) FOR MATRIX CONCRETE SYSTEMS IN 2 AS OF 06/25/08 : 0 ** THIS BUSINESS IS PAYING, ON AVERAGE, PREDICTION FOR 08-20-08 : 1 0 DAY(S) LATER THAN INVOICE DUE DATE. ** DBT NORMS CONCRETE WORK: 4 ALL INDUSTRIES: 6 THE MOST FREQUENT PURCHASING TERMS IN THE CONCRETE WORK INDUSTRY ARE: NET 30, CREDIT AND CONTRCT DBT RANGES BASED ON CURRENT PAYMENT BEHAVIOR: THIS BUSINESS S RANGE === 80% OF U.S. BUSINESSES HAVE A DBT OF 0 - 15, 11% OF U.S. BUSINESSES HAVE A DBT OF 16 - 50, 5% OF U.S. BUSINESSES HAVE A DBT OF 51 - 90, 4% OF U.S BUSINESSES HAVE A DBT OF OVER 90. HISTORICAL PAYMENT GUIDE 6 MONTH ACCOUNT BALANCE RANGE : $32400-$58500 (CURRENT TOTAL: $32400) HIGHEST CREDIT AMOUNT EXTENDED: $137100 (MEDIAN: $8200) INDUSTRY PAYMENT COMPARISON : HAS PAID SOONER THAN 50% OF RELATED FIRMS PAYMENT TREND INDICATION : STABLE • 4 SIGN:tFICANT PUBLIC RECORD DATA: 4 OF 3 UCC FILINGS PLEDGED WITH ONE OR MORE OF THE FOLLOWING COLLATERAL: ACCTS REC, INVENTORY, HEREAFTER ACQUIRED PROP COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. **CONTINUED** EXPERIAN BUSINESS PROFILE PAGE 2 06/25/2008 MATRIX CONCRETE SYSTEMS IN 2 BIN: 718187353 TRADE PAYMENT INFORMATION TRADE PAYMENT EXPERIENCES (TRADE LINES WITH AN {*} AFTER DATE REPORTED ARE NEWLY REPORTED) RECENT ACCOUNT STATUS HIGH -DAYS PAST DUE- BUSINESS DATE LAST PAYMENT CREDIT BALANCE 1- 31- 61- CATEGORY REPTD SALE TERMS $ $ CUR 30 60 90 91+ COMMENTS +AIR TRANS 05-08 05-08 300 300 100% CUST 3 YR +BLDG MATRL 06-08 05-08 CREDIT 2200 800 100% +FINCL SVCS 06-08 05-08 NET 30 30300 18300 100% SATSr'1RY +FINCL SVCS 05-08 04-08 VARIED 25000 13000 100% SATSY1'RY FINCL SVCS 06-08 05-08 VARIED 7200 0 HARDWARE 06-08 02-08 CREDIT 500 0 SAFTY PROD 03-08 NET30 0 PAYMENT TOTALS CONTINUOUSLY REPORTED( 7) : 65500 32400 100% DBT: 0 ADDITIONAL PAYMENT EXPERIENCES +WHLSE TRAD 12-06 NET 30 137100 15700 100% +WHLSE TRAD 09-05 09-05 N10PRXO 9200 9200 95% 5% COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS: INC. ALL RIGHTS RESERVED. **CONTINUED** EXPERIAN BUSINESS PROFILE PAGE 3 06/25/2008 MATRIX CONCRETE SYSTEMS IN 2 BIN: 718187353 PAYMENT TRENDS (BASED ON CONTINUOUSLY REPORTED TRADE LINES) CONCRETE WORK INDUSTRY: SIC NO. 177 -DAYS PAST DUE- INDUSTRY BUSINESS BALANCE 1- 31- 61- CUR DBT DBT $ CUR 30 60 90 91+ AS OF 06/25/08: N/A N/A 0 32400 100% 06-01-08 : 92% 4 0 49300 100% 05-01-08: 92% 4 0 50700 100% 04-01-08 : 92% 3 0 54700 100% 03-01-08: 92% 3 0 56500 100% 02-01-08: 85% 4 0 56500 100% 01-01-08 : 88% 4 0 58500 100% PAYMENT HISTORY--QUARTERLY AVERAGES -DAYS PAST DUE- BALANCE 1- 31- 61- DBT $ CUR 30 60 90 91+ 1ST-Q-08 (JAN-MAR) : 0 37600 100% 4TH-Q-07 (OCT-DEC) : 0 60500 100% 3RD-Q-07 (JUL-SEP) : 0 71900 100% ,2ND-Q-07 (APR-JUN) : 0 72600 100% A 1ST-Q-07 (JAN-MAR) : 0 78100 100% A • 4 PUBLIC RECORD INFORMATION • UCC PROFILE JCC-FILED 10-26-06 2006102602116, SEC OF STATE PENNSYL SECURED PTY: CITICAPITAL COMMERCIAL CORPORATION TX IRVING 75063 3950 REGE JCC-FILED 03-21-06 2006032402624, SEC OF STATE PENNSYL SECURED PTY: FIRST COMMONWEALTH BANK PA HOLLIDAYSBURG 16648 PO BOX 503 DOLLATERAL: INVENTORY, EQUIP, FURN & FIX, HEREAFTER ACQUIRED PROP, ACCTS REC, UNDEFINED COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. °*CONTINUED** ?XPERIAN BUSINESS PROFILE ?AGE 4 06/25/2008 MATRIX CONCRETE SYSTEMS IN 2 BIN: 718187353 UCC PROFILE (CONTINUED) JCC-FILED 10-21-05 2005102404025, SEC OF STATE PENNSYL >ECURED PTY: COURT SQUARE LEASING CORPORATION PA MALVERN 19355 14 GREAT V ALLATERAL: EQUIP JCC-AMENDED 07-21-05 2005072102864, SEC OF STATE PENNSYL )RIG FILING: 01-01-01 2005030704 SEC STATE, PA >ECURED PTY: FIRST COMMONWEALTH BANK PA HOLLIDAYSBURG 16648 ROUTE 220 N. COMPANY BACKGROUND INFORMATION ['HE FOLLOWING WAS PROVIDED BY THE STATE OF MISSISSIPPI . iISTORY : BUSINESS INCORPORATED ON OCTOBER 22, 2007 . CHARTER NUMBER IS 464431. 'RIMARY PRODUCT/SERVICE: CONCRETE WORK SIC: 1771 'RINCIPAL(S) : JAMES BASSETT MICHAEL ZEANCHOCK INQUIRIES BUSINESS 2008 2007 CATEGORY JUN MAY APR MAR FEB JAN DEC NOV OCT - --- --- --- --- --- --- --- --- zENERAL 1 1 --- --- --- --- --- --- --- --- COTALS 1 1 CHE INFORMATION HEREIN IS FURNISHED IN CONFIDENCE FOR YOUR EXCLUSIVE USE ?OR LEGITIMATE BUSINESS PURPOSES AND SHALL NOT BE REPRODUCED. NEITHER XPERIAN INFORMATION SOLUTIONS, INC. , NOR ITS SOURCES OR DISTRIBUTORS WARRANT ;UCH INFORMATION NOR SHALL THEY BE LIABLE FOR YOUR USE OR RELIANCE UPON IT. COPYRIGHT 2008 EXPERIAN INFORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. *END PROFILE** END-OF-REPORT Date:08101/2008 10:43 AM Sender's Fax ID:8144729201 Page 1 of 1 .i t ACORD CERTIFICATE OF LIABILITY INSURANCE OPID ,7H DATE(MM/DD/YYYY) M&MCO-1 08/01/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE 2 OF INFORMATION Ebensburg Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 129 E. High St. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 90 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ebensburg PA 15931 Phone: 814-472-9557 Fax:814-472-9201 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Ohio Casualty Group 24074 INSURER B: Michael Zeanchock III INSURER C: M & M Concrete, Inc. P.O. Box 87 INSURER D: St Benedict PA 15773 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADD L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDN ) DATE(MMIDDA LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 UAMACat I U HhNI tU A X COMMERCIAL GENERAL LIABILITY BKW(09)52960572 05/01/08 05/01/09 PREMISES(Ea occurence) $ 100000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10000 PERSONAL&ADVINJJRY $ 1000000 GENERAL AGGREGATE $ 2000000 GENL AGGREGATE LIMIT PPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 nPOLICY n JEC n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO BAW(09)52960572 05/01/08 05/01/09 (Ea accident) $1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Pereccident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5000000 A X I OCCUR CLAIMSMADE USO(09)52960572 05/01/08 05/01/09 AGGREGATE $5000000 DEDUCTIBLE $ X RETENTION $0 $ WORKERS COMPENSATION AND X ITORYS IMITS I IO ER A EMPLOYERS'LIABILITY XWW(09)52960572 05/01/08 05/01/09 E.L.EACH ACCIDENT $500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT$500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Collier County Contractors NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Licensing Board IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2800 N. Horseshoe Drive Naples FL 34104 REPRESENTATIVES. A RIZ R/ / SENT� y ACORD 25(2001108) ACORD CORPORATION 1 a ' Official Receipt - Collier County Board of County Commissioners CDPR1103- Official Receipt Trans Number Date Post Date Payment Slip Nbr 848296 8/7/2008 10:45:56 AM 8/7/2008 CT 28624 MICHAEL ZEANCHOCK III MATRIX CONCRETE SYSTEMS, INC. P.O. BOX 364 ELMORA, PA 15737- 4060 CONCRETE FORMING AND PLACING Payor : M & M CONCRETE Fee Information Fee Code Description GL Account Amount Waived 06CLMS 'CONTRACTOR'S LIC. MISC. 11313890032123500000 $50.00 Total $50.00 Payments Payment Code Account/Check Number Amount CHECK 15504 $50.00 Total Cash $0.00 Total Non-Cash $50.00 Total Paid $50.00 Memo: Cashier/location: MCCAULEYKATY / 1 User: WRIGHT_M Collier County Board of County Commissioners Printed:8/7/2008 10:46:21 AM CD-Plus for Windows 95/NT i BUILDING REVIEW AND PERMITTING • Co i irer C0i-U i.ty CONTRACTOR LICENSING SECTION APPLICATION FOR COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO INDIVIDUAL_ Contractors' Licensing Board -- Community Development & Environmental Services Division 2800 N. Horseshoe Drive --L.: Naples, Florida 34104 '. F , . Telephone (239) 403-2431 ' ' Fax: (239) 403-2469 2 ,� E INSTRUCTTO T1-,;C application must be typewritten or legibly i niii��I ,I . \l Ii_` must ust accomp an y this a pp lication. The fee is not refundable after the appli "(‘� _-f' IIIIV!id entered on the records. All checks should be made payable to the Board of Collier County Commissioners". For further information, consult Collier County Ordinance No. 90-105, as amended. Mr. Anderson, Randy G 1. Ms. Y • 2. S.S.# 000-00-9996 (Last) (First) (Middle) (Last 4 numbers only) 3. Driver's License # A536-727-53-256-0 4. Federal Tax# N/A 5. 5318 Warren Street, Naples, FL Collier 34113 Residence Address (Number & Street) City State County Zip Code 6. Home telephone: (Area Code) 2 3 9-643-4330 7. Mobile# : 239-253-4617 8. Beeper#(if applicable) N/A 9. Fax# 239-643-416310. Date of Birth 711 6/5 3 11. N/A 239-643-4330 j FICTITIOUS NAME OF BUSINESS (if applicable) Business Phone+Area Code 12. 4106 Arnold Ave. Naples FL Collier 34104 Business Address (Number & Street) City State County Zip Code 13. Legal form of Business: (x) Individual Proprietorship ( ) Partnership 14. INDICATE NATURE OF REQUEST - (A) To Qualify as a: ( ) General $ 150.00 Electrician $ 150.00 ( .) Building $ 150.00 '( ) Plumber *$ 150.00 ( ) Residential $ 150.00 ( ) Air Cond. $ 150.00 ( ) Mechanical $ 150.00 ( ) Sheet Metal $ 135.00 ( ) Roofing $ 150.00 ( ) Marine $ 135.00 ( ) Swimming fool $ 150.00 ( ) Specialty $ 135.00 (B) Change of Status Fee - $10.00 ( ) Active License to Dormant ( ) From Individual to Qualifying Bus. ( ) Address change ( ) Dormant license to Active ( ) From Qualifying Bus. to Individual ( ) Issue as Dormant Reinstatement As- ;,4 bd pq or) To Qualify Additional Entity ( ) From one Business to another 15. If partnership, name, title, address & phone numbers of partners. N/A 16. List all businesses, firms, entities or contracting businesses you have been associated (ex: held a license or was a partner) with during the past ten (10) years. Attach extra pages if needed. - • •llier Count Inc. 4106 Arnold Ave. , Naples, FL , I , 17. License No. of ANY CURRENT OR PREVIOUS CERTIFICATE OF COMPETENCY held by Applicant. 26597 License No. License No. License No. License No. 18. Name and telephone numbers of two persons who always know the whereabouts of the contractor. Cheryl Miller, 239-250-2094 Jennifer Anderson, 239-253-9605 19. Statement of business or work experience during past ten (10) years. V.P. & Director of Service Dept. , Bay Electric of Collier Co. , Inc. 20. Statement of any formal training of the qualifying agent in area for which application is being made. Master Electrician 21. List all debts you or any company(s) associated with you refused or fail to pay and reasons for its refusal to pay. NONE 22. Have you ever been convicted of a crime related to Contracting? Yes ( ) No (x).(If yes attach explanation). . 23. Have you or any firms you have been associated with ever filed bankruptcy? Yes () No (x) 2 AFFIDAVIT • The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance No. 2006-46, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he will act only for himself or that he is legally qualified to act on behalf of the business organization sought to be certified in all matters connected with its contracting business and that he has full authority to supervise construction undertaken by himself or such business or organization and that he will continue during this registration to be able to so bind said business organization. The qualifier license holder understands that in all contracting matters, he will be held strictly accountable for any and all activities involving his license. Any willful falsification on any information contained herein is grounds for disqualification. Randy Anderson APPLICANT (Please Print) NAM^ e C• PANY IG'RE OF APPLI7 1111111P-- STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 9/16/2008 Randy Anderson (Date) by who has produced Personally Known To Me (name of person acknowledging) (Type of identification) as identification and who did not take an oath. lad,C SIGNATURE OF NOTARY NOTARY'S SEAL a rw•r Op i JGnc k R ecd I I •.r (PRINT NAME OF NOTARY PUBLIC) OTARY PUBLIC STAFF USE ONLY: Trade: Score: Taken on given in , sponsored by Business & Law: Score: Taken on given in, , sponsored by 3 Tim.... 0,� �;_ STATE OF FLORIDA `` Department of Business & Professional Regulation 0 ''i' 1'. ELECTRICAL CONTRACTORS LICENSING BOARD •4 1940 NORTH MONROE STREET Goo wEr.- TALLAHASSEE FL 32399-0783 ANDERSON, RANDY G -f , :.'..; E__ 4106 ARNOLD AVE NAPLES FL 34104 SEP 11 2008 The Department of Business and Professional Regulation, Bureau of Licensure, sends notices and issues License documents for many licensed businesses and practitioners. Each licensee of the department is solely responsible for notifying the department in writing of the licensee's current mailing address. Name changes require legal ddocumentation showing a name change. An original, a certified copy, or a duplicate copy of an original or certified copy of a document which shows the legal name change will be accepted unless the department has a question about the authenticity of the document raised on its face, or because the genuineness of the document is uncertain, or because of another matter related to the application. At least 90 days prior to the expiration date shown on this receipt, a notice of renewal will be sent to your last known address. If you have not received your notice 60 days prior to the expiration date, please call (850) 487-1395. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION INACTIVE RECEIPT SEQ# N0808290303 DATE BATCH NUMBER LICENSE NBR EXPIRATION DATE 08/29/2008 88047711 ER0010472 08/31/2010 NOTICE:THIS IS A RECEIPT FOR YOUR INACTIVE RENEWAL FEE. RETAIN THIS RECEIPT FOR YOUR RECORDS. THIS IS NOT A LICENSE AND MAY NOT BE USED FOR PURPOSES OF EMPLOYMENT. YOU WILL NOT RECEIVE A LICENSE TO PRACTICE YOUR PROFESSION IN THE STATE OF FLORIDA UNLESS OR UNTIL YOU REACTIVATE YOUR STATUS. SHOULD YOU WISH TO DO SO,PLEASE CONTACT THE BOARD SHOWN ABOVE FOR REACTIVATION INFORMATION. PLEASE NOTIFY THE BOARD PROMPTLY OF ANY CHANGE OF NAME OR ADDRESS. 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Jr.- .ft. - _ -al. - - - at, Terd L99T VE2 ZS2 3NI SW3ISAS AUdO 6S:oT 800E-8T-gnu CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA, Contractors' ) Licensing Board ) ) ) Petitioner, ) Board of County Commissioners ) ) CASE NO. 2008-13 ) vs. ) LICENSE NBR.: CGC 059099 R. Michael Mc Neal D.B.A. New Code Windows & Doors Inc. ) ) ) Respondent (s) ) ) ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against, R. Michael Mc Neal d/b/a New Code Windows & Doors Inc. (;hereinafter Respondent), License Number CGC 059099 and says: COUNT I 4.2.2. Willfully violating the applicable building codes or laws of the state, City or Collier County. COUNT II COUNT III COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 2006-46 of Collier County, Florida, as amended. Dated: September 3, 2008 Director or his/her Designee Collier County Bldg. Review & Permitting Ii CASE SUMMARY 2008-13 Qualifier: R. Michael McNeal D/B/A New Code Windows&Doors On August 26, 2008 observed New Code Windows and Doors working at 308 2n1 St. South, replacing windows throughout residents.Notified City Building Dept. and was advised by Thomas Mariannino (inspector)that no building permit has been issued or applied for that address. Inspector Mariannino arrived at noted address and issued a stop work order(E-5)for violating the Florida Building Code. Sec 105.1. (E-18) Called and advised Qualifier Michael Mc Neal that the City Of Naples has issued a stop work order for no building permits located at 308 2"d St. South. New Code Windows & doors, and the present Qualifier have been issued many stop work orders for violating the Florida Building Code sec. 105.1. A cease and desist agreement (E-13) was signed by the Qualifier, R. Michael Mc Neal on May 9. 2008 warning him that working without a building permit will be considered a willful code violation and penalties and permit building privileges will follow. The City Building Official Paul Bollenback,met with R. Michael Mc Neal, qualifier of New Code Windows & Doors on August 5, 2008, and advised the qualifier to cease from working without obtaining permits required by the Florida Building Code. If the company continues, the City will ask the Contractor Licensing Office to formally charge New Code Windows & Doors for violating the Florida Building Code. Table of Contents CLB Case#2008-13 E-1 /E-2 Formal Complaint filed by Contractor Licensing Supervisor E-3 Request personally served to Mr. R. Michael Mc Neal to appear before Contractors Licensing Board for a hearing on this complaint, for Sept.17, 2008, at 9:00 A.M, at 3301 Tamiami Trail,Naples Fl. E-4 Certificate Detail of Qualifier R. Michael Mc Neal, DBA New Code Windows and Doors Inc. (CC #25552) (CGC 059099) E-5 Copy of Stop Work Order issued on 8/26/08 for address 308 2nd St. South, for no Permit, by Thomas J. Mariannino of the City of Naples. E-6 /E-9 Photos of work being done at 308 2nd St. South, without Permit,with detail of violation listed. E-10 Stop Work Order issued for 1666 3`d Street South, installing new windows without a Permit. (New Code Windows &Doors Inc.) E-11 /E-12 Stop Work Order issued to New Code Windows& Doors at 2850 Gulf Shore Blvd.North, installing Ext. Doors and Windows without Permit. E-13 Cease and Desist Agreement issued to qualifier R. Michael Mc Neal who was at 2850 Gulf Shore Blvd. North, when Stop Work Order Posted. Signed by Mr. R. Michael Mc Neal. (May 9, 2008) E-14 Work Order posted for 350 Yucca, for no Permit for windows&doors being replaced by,New Code Windows& Doors Inc. E-15 /E-17 Work Order posted for 549 Neapolitian Way, for no Permit for all new Windows and Sliders, being done by,New Code Windows & Doors Inc. E-18 /E-24 Florida Building Code Violation, Section 105-Permits. CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE • • NAPLES, FLORIDA 33942 COMPLAINT NUMBER 02 DO a —/3_' COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A �iJORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/HER DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE FORM PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE, OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE WITH PARTICULARITY WHICH SECTION(S) OF THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN VIOLATED BY THE CONTRACTOR AND THE ESSENTIAL FACTS IN SUPPORT THEREOF. COMPLAINT PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE COMPLAINT. DATE SEPT R ,200F • AGAINST: • A ,`/�^ CONTRACTOR'S NAME: 'K• /f i CN!/1(G /'%C .4k4 L PHONE: [T,/D"4d 9D_(4aL9 BUSINESS NAME: ,WW C&1 W:A/ilF1* *mils LICENSE NUMBER IF KNOWN: C1P= O.rt'OFQ_ • COLLIER CO. COMPETENCY # : adir T CONTRACTOR'S BUSINESS ADDRESS: /?33e9 O a vsyw( a 1f1//1C.15 Ca l° f? Y«f, iC. 93x64 • FILED BY: : / t A" JI2l(4'€TTe HOME PHONE: gJ oZ- o?4 S ADDRESS: OZ-0(/ "it! ilettpeshior L t1S4 BUS. PHONE:PHONE: g���-O?.�(0 0 ADDRESS WHERE WORK DONE: 30 W p1 '� sr. 49 6174,1 CITY: 4 4PCI'S iferit' 4 COUNTY COLilF/1- DATE OF CONTRACT /1//54 DATE JOB STARTED ithd/M • DATE JOB COMPLETED OR NEW HOME OCCUPIED A/ WERE THERE PLANS AND SPECIFICATIONS? IS THERE A WRITTEN CONTRACT? WS IF YES, AMOUNT OF CONTRACT - HAS CONTRACTOR BEEN PAID IN FULL?__ IF NOT, WHAT AMOUNT? - WAS A BUILDING PERMIT OBTAINED?..S0 WHO OBTAINED BUILDING! PERMIT? PERMIT ## IF KNOWN HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE? ONP,,, /i J Zcv/11 ah±Y . . • DATE b -e2 6"40 i DO •YOU HAVE HIS REPLY? — PLEASE ATTACH TO THIS FORM ALL COPIES OF THE PURCHASE AGREEMENT, BUILDING CONTRACT, HOME IMPROVEMENT CONTRACT, COPIES OF RECEIPTS AND/OR CANCELED CHECKS AVAILABLE AND ANY ADDITIONAL EVIDENCE TO SUBSTANTIATE YOUR ALLEGATIONS. LIST ANY SUBSECTIONS OF SECTION 4 OF COLLIER COUNTY ORDINANCE NUMBER 90-105, AS . AMENDED, WHICH, IN YOUR 'OPINION, HAVE BEEN VIOLATED BY THE CONTRACTOR WHICH IS THE SUBJECT OF THIS COMPLAINT, (LIST SUBSECTION NUMBER) . Y. a• a. w i,-'LiIL Y Y:or 1,/ . dth`tliV 45 oI ' • cis of T el C%T Y e'i ea ‘2 cda Y PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE .OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:- (LIST FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) • /' {1I(4' f/4 /e4,-i/i Ar/&L 11ea 017iY#ti& Iv. . 04TH/V jive . . • • ' (IF ADDITIONAL SPACE IS NE D D, U SEPARATE SHEET) . 1 • /1 . . . . ) (COMPLAINANT'S SIGNATURE) • STATE OF Aean.j�D� . COUNTY OF �bLL%_ ' Sworn to (or affirmed) and subscribed before me this 1..///day of StPT 3 , &O 8" by lItteil/ogJt4 f7e__ (name of person making statement) • a4,V v-4, Noteryl PuN a Mete t!f-NiOr$dei 111L='M 7. • Joann Greenberg ""NATURE OF NOTARY PUBLIC My Commission DD680474 .'Eor n. Expires 04/08/2011 ` (? " _ - • PRINT, TYPE OR ST P • ' COMMISSIONED NAME OF NOTARY PUBLIC) Personally known or Produced identification • COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING Iiiiii 2800 N.Horseshoe Drive • Naples,Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 CERTIFIED MAIL# le2sati e( 9-41/40 (14.) ,Qac 099 aoo y A RETURN RECEIPT REQUESTED / Date: August 27,2008 Mr.Michael Mc Neal 12320 Crystal Commerce Loop Ft.Myers,Fl.33966 DBA: New Code Windows&Doors RE: Complaint filed against you by BOCC. Dear Mr.Michael Mc Neal A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on September 17,2008 at 9:00 AM in the Board of County Commissioner's Room,Third Floor,and Administration Building (W.Harmon Turner Bldg.),at 3301 East Tamiami Trail,Naples,Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit"A"will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit"A",you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet,you may give a summary of events. At this meeting,you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s)4.2.2.of Ordinance#2006-46 (Amended)the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate#25552,and/or suspension or revocation of your permit privileges against your state license#CGC 059099. Sincerely, Allen Kennette . / U��� 1/) Licensing Compliance Officer Phone# 1-239-403-2468 Fax# 1-239-403-2469 C o l g r C o Si 11 t y s 4-3 Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 25552 R. MICHAEL MC NEAL NEW CODE WINDOWS & DOORS INC ACTIVE DETAIL CLASS CODE CLASS DESC STATE NBR 1010 GENERAL CONTR.--CERTIFIED CGC 059099 ORIG ISSD DATE STATE EXP DATE 12/19/2003 8/31/2010 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 8/31/2010 0TH OL NBR COUNTY OL EXEMPT Y CNCL DATE COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE REINSTATE DATE DBA PHONE FAX (239) 936-9900 (239) 931-3650 MAILING ADDRESS PHYSICAL ADDRESS 12693 TAMIAMI TRAIL E, STE 201 12320 CRYSTAL COMMERCE LOOP NAPLES FL 34113- FT. MYERS FL 33966- LIABILITY INSURANCE COMPANY EXP DATE OLIN HILL & ASSOCIATES 2/12/2009 PHONE EFFECTIVE DATE (239) 945-1900 2/12/2008 POLICY NUMBER CNCL DATE 20678278 INSURANCE LIMITS 2,000, 000 WORKERS COMPENSATION INSURANCE WC EXEMPT N COMPANY EXP DATE OLIN HILL & ASSOCIATES 5/11/2009 PHONE EFFECTIVE DATE (239) 945-1900 5/11/2008 POLICY CNCL DATE Collier County Board of County Commissioners Printed on 9/3/2008 9:08:49AM CD-Plus for Windows 95/NT E.. Page 1 off- 66 DO NOT REMOVE 3887 p r- -:,z)\-::::-." ` („Y_.OGNUMLF 0E lf 9""//c1ht BUILDING AND ZONING STOP ORDER ALL WORK SUSPENDED PER FLORIDA BUILDING CODE SEC. 114 ADDRESS 30g d' — REASON f J ') ,1.1' DO c--0 Uil C---f cr._ c- 9 ) 1Yr---riC■ 17— MEC ODA' W, s i -3 WARNING: CONTINUED UNAUTHORIZED WORK ON THIS PROJECT COULD RESULT IN SEVERE PENALTIES. FOR INFORMATION YOU MAY CALL 213-5020 ?/ / t.o I R I 1 ,, J E-s' Thomas Mariannino From: Thomas Mariannino Sent: Tuesday,August 26, 2008 2:47 PM To: Sue Monroe; Susan Fabbrini; Roger Jacobsen; 'kennette_a' Cc: Paul Bollenback;Joe Berko Subject: Re 308 2nd st S Sue Allen found New Code replacing 10 windows w/out required permits Please quad Thanks ' E w- _- F ht '� 1 .lw'.t 1 V 'p.- ` 1. 1,-,,,,, efi I, 141,1,,,11111- r° M^^T I• I f 1 1 d ti yy W I[ 7 i`'*t I Tom Mariannino Construction Site Compliance Inspector 295 Riverside Cir Naples H.34102-1401 239`213-5043 1 CITY OF NAPLES CODE ENFORCEMENT NOTICE OF VIOLATION CERTIFIED MAIL RETURN RECEIPT REQUESTED NEW CODE WINDOWS & DOORS INC 12320 CRYSTAL COMMERCE LOOP FT MYERS, FL 33966 Re: Code Enforcement Board - Case No. 08-00000664 Violation location: 308 2ND ST S Date violation found: August 26, 2008 The above property has been found in violation of the code(s) listed on the attached. The violation must be brought into compliance by September 05,2008. THOMAS J MARIANNINO Code Enforcement Officer Contact Number: (239)213-5043 Date: August 27, 2008 FAILURE TO COMPLY WITH THIS NOTICE MAY RESULT IN THE ISSUANCE OF A NOTICE OF HEARING BEFORE THE CITY'S CODE ENFORCEMENT BOARD, A CITATION, OR A NOTICE TO APPEAR IN COLLIER COUNTY COURT. AFTER THE HEARING, THE BOARD MAY IMPOSE A MAXIMUM FINE OF UP TO $250.00 PER DAY PER INCIDENT (ss. 162.09) OR UP TO $500.00 PER DAY PER INCIDENT FOR REPEAT VIOLATIONS. VIOLATION DETAIL PAGE 1 • CASE NUMBER 08-00000664 PROPERTY ADDRESS 308 2ND ST S VIOLATION: 16-112 105 .1 QUANTITY: 1 DESCRIPTION: Permit required. DATE: 8/27/08 LOCATION: NARRATIVE : August 27, 2008 7 :30 :47 AM tmariannino Installing 10 new windows w/out required permit thsi is the 5th SWO for this co w/in 4 months for no permit ORDINANCE DESCRIPTION : SECTION 105 . PERMITS. 105 . 1 . Permit required. 105 . 1 . 1 . When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building' s designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Where there are multiple owners, each owner of a possessory interest in the property must join in the application or must authorize in writing the application. Exceptions : 1 . Permits shall not be required for the following mechanical work. 1 . 1 . Any portable heating appliance; 1 .2 . Any portable ventilation equipment; 1 . 3 . Any portable cooling unit; 1 .4 . Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 1 . 5 . Replacement of any part which does not alter its approval or make it unsafe; 1 . 6 . Any portable evaporative cooler; 1 . 7 . Any self-contained refrigeration system containing 10 pounds (4 . 54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less; and 1 . 8 . The installation, replacement, removal, or metering of any load management control device. Note : All projects that are exempt from obtaining permits under the above exceptions are subject to random inspection for code compliance. (Comp. Dev. Code 1990, § 5-2-1; Code 1994, § 94-32; Ord. No. 94-7131, § 1, 2-16-1994 ; Ord. No. 95-7594, § 10, 12-20-1995; Ord. No. 98-8279, § 1, 6-17-1998; Ord. No. £4 VIOLATION DETAIL PAGE 2 CASE NUMBER 08-00000664 PROPERTY ADDRESS 308 2ND ST S ORDINANCE DESCRIPTION : 02-9531, § 4, 3-6-2002 ; Ord. No. 03-10183 , § 1, 9-17-2003 ; Ord. No. 05-10937, § 1 (80-32) , 9-7-2005; Ord. No. 06-11179, § 1, 3-1-2006) • • J 3 3 2 5 ' t ON THE r; ■�' GULF pA71 /tjr#4 yC BUILDING AND ZONING STOP ORDER ALL WORK SUSPENDED PER FLORIDA BUILDING CODE SEC. 114 ADDR ESS \j(C) (0c9 - \1' S REASON QO Ov ti ,j2Z �S 0 Q fO Cvim CW WARNING: CONTINUED UNAUTHORIZED WORK ON THIS PROJECT COULD RESULT IN SEVERE PENALTIES. FOR INFORMATION YOU MAY CALL 213-5020 .„,‘ ) D E INSPE TOR 1-10 I � 0 w .O J 3335 _ -- �•O' ON ��• t .A GULF I'rV? /tjj/1 I BUILDING AND ZONING STOP ORDER r : , ALL WORK SUSPENDED PER FLORIDA BUILDING CODE li SEC. 114 ADDRESS o6-0 (;;5ek\\_ - f3 4 03 , REASON nv N8 S (k) i s s <J 5 0 4C- ■Ci-00 - i OSLO eSt•64. ,1 WARNING: CONTINUED UNAUTHORIZED ,I WORK ON THIS PROJECT COULD RESULT IN SEVERE PENALTIES. FOR INFORMATION YOU MAY CALL 213-5020 ----------------- N. i INSPECTOR Thomas Mariannino From: Thomas Mariannino Sent: Monday, May 12, 2008 6:28 AM To: Sue Monroe; Susan Fabbrini; 'kennette_a' Cc: Paul Bollenback;Joe Berko; Roger Jacobsen Subject: 2850 GSBN #403 Sue I issued a SWO for exterior door replacement w/out required permits and they were building a closet in the common area w/out a permit, New Code windows was the contractor,I talked to Mike personally on site and advised him that he had to stop,passing the site appox 1 hour later I found them still working, Mike was called ,he came back and Allen issued an order that if he is found doing work w/out a permit he will lose his license which he signed. Please quad both Thanks : , „,_,r,..,.;.,,4. ,,,,z,. i a3 3 a j - 144 at Y; 1 4 14.E , l a ' E a may- 1 .S' 4{x; C..°la CEASE AND DESIST AGREEMENT BE IT KNOWN that I,the person whose signature appears below, do hereby formally acknowledge, agree and consent as follows: THAT a certain case involving me has recently been investigated by the Collier County Contractor Licensing Department. THAT the said Department had made it known to me that in the Department's view, I violated State and County licensing laws in said case by working without a building permit on C.S. /3.A✓ O Ord ,at (1 A'/r"r/" Vd 3 and on or about ri f -or _ _ THAT the said Department has explained to me that all contracting work, including BUT NOT LIMITED TO,home or business improvement,remodeling,renovation, addition, repair,plumbing, electrical,roofmg,pool building,air conditioning, sheet metal, aluminum and alarm contractor work all requires building permits. THEREOFRE, BEING FULLY ADVISED,I DO AGREE that I will pull all building permits required by Statues and fully understand that if I continue to work without a building permit in the future,that the Contractor Licensing Department will consider that a willful code violation and penalties and permit building privileges will follow. WITNESS MY SIGNATURE: ' L. tic � tic STATE OF FLORIDA COUNTY OF Q• 'wadi!� l�c�l/�E/A L �i1/x't!I �� (, *4''ws # tvoiz The foregoing instrument was acknowledged before me this (Date) by 1/c A/N/A who has produced /1?i'/ 7 33- 117 - as identification and who did not take an oath. A tit r iJe.• SIGNA T. OF NOTARY �,►AV►cam Notary Pubfic State of Florida (Licensing Investigator may sign • Colleen bavidson - moo` My Commission DD558435 below as witness in lieu of Notary) a r/ Expires 05130/2010 icensing Investigator a4%f,s 441/0/1,„,e�.2 6 fl rte% r4,1„, a 0 aa, Thomas Mariannino From: Thomas Mariannino Sent: Wednesday, June 25, 2008 12:43 PM To: Sue Monroe; Susan Fabbrini; kennette_a Cc: Paul Bollenback; Joe Berko Subject: Re 350 Yucca Sue Roger found an unlicensed contractor doing tile work and called me I found that this door was installed by New Code Windows &Doors w/out required permits Please quad Thanks _---- • -- r t I , .• . . . qi,' -.10iirirkw , -"I_—gm= /--- t „• , ,. ----werompstv:, i - , . „. . , - - I _ . ,„, #,... ...t ___,..... - , ir.--, - /* 1 ... Thomas Mariannino From: Thomas Mariannino Sent: Tuesday,August 05, 2008 6:26 AM To: Sue Monroe; Susan Fabbrini; 'kennette_a' Cc: Paul Bollenback; Joe Berko; David Matthews Subject: RE: 549 Neapolitan wy Sue Dave M found New code installing all new windows and sliders in home. Please quad Thanks r , likrailit v ' yr i i'1• OM t. • (1411‘ 1 if ,F;y L w y Ke , Y { T \Ss. ...R • _ K. , 2 • fl" a f Sit _"° +gin,.„ M � t I Z 2. i'.+; S r r q � 1 , - - ' f Tom Mariannino Construction Site Compliance Inspector 295 Riverside Cir Naples FZ 34102-1401 239-213-5043 6-f? 3 SECTION 105 PERMITS Page 1 of 7 • SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction -- trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. L AVIN 1 J ri Luv1113 Page 2 of 7 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil,waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or __ require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. -- 105.2.3 ----- __ Reserved. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5)and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of h Urn•//infnonlntirsm∎ ton r_ _ _ L1�LV11I Page 3 of 7 the Florida Building Code , the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction ot, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, state community college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure ---- - compliance with the code. - 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such pen-nit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts)or more on a residential electrical system or 800 amperes (240 volts)or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 3. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler-system-of 49 or fewer heads and may design the - alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. a0 littn•l/inrncnl,itin..o .....Y /: ,,,/. t ._. _. -111/ninny . . . _ L.1■V i v.) rr✓ruviii Page 4 of 7 An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of$50,000 or less; and when a 15-ton- per system or less is designed fora singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual-offices whereeach offlc-his a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. It therefore could not be designed by a mechanical or air conditioning contractor. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total ----- air-conditioning system of the building. 5. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection alteration,_modification1 repair or addition the_permit eitherincludes on its___.__.___._..._______... face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefor unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to vi.v l lvi a v✓ ri%tttvll l J Page 5 of 7 receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows your as the owner-of-your-propertyT to act-asyourowrrasbestos-abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your — __responsibility-to-make sure that people employed by you have licenses required by state law ---"- and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent . A permit issued shall be constructed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void,-the building official is authorized to require that any work which has been ---- commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. 1 L 1 ivIN IUD 1-tKM11 S Page 6 of 7 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placement of permit. The building_permit_or_copy shall-be-kept--on-the site-of-the work-until-the-completion-ef-the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR -LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for -termite prevention is used, final exterior treatment shall be completed prior to final building __ approval. g .. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit • application and plan may be started prior to the final approval and issuance of the permit, E-613 SECTION 105 PERMITS Page 7 of 7 provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit-- Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available,-the owner shall employ in his stead a competent person-or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA, Contractors' ) Licensing Board ) ) ) Petitioner, ) ) Board of County Commissioners ) CASE NO. 2008 -14 ) vs. ) LICENSE NBR.: 23844 ) Daman Sharp d/b/a Sharp Pools and Decking Inc. ) ) ) ) ) Respondent (s) ) ) ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against Daman Sharp, d/b/a Sharp Pools and Decking Inc., (hereinafter Respondent), License Number 23844 and says: COUNT I 4.1.6 — Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Worker's Compensation laws of the State of Florida or ordinances of this County. COUNT H COUNT Ill COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 90-105 of Collier County, Florida, as amended. • Dated: ct I c /°w Director or his er Designee Collier County Bldg. Review & Permitting Summary C.L.B.—2008-14 Daman Sharp—d/b/a : Sharp Pools and Decking Inc. On July 30th,2008,I, Rob Ganguli Collier County License Compliance Officer,received a preliminary complaint form submitted by a Marlia Burke residing at 960 11th St. S.W. regarding a swimming pool contracted to be built by Sharp Pools and Decking in August of 2006. The amount specified in the contract was $ 32,879.00 of which$ 32,877.64 has been paid.As of September 5th,2008,the required inspections of the now expired permit #2006082152 have yet to be completed. This has resulted in the Certificate of Occupancy/Completion not being obtained, and a violation of Florida Building Codes 105.4.1 and 105.4.1.3. My numerous attempts to contact Mr. Sharp regarding this matter were unsuccessful,and the official notice of hearing was sent Certified Mail on August 26th,2008 to the address of record.A courtesy copy of the notice was also hand delivered to the respondent's wife on September 3`d, 2008. C.L.B. 2008— 14 Daman Sharp d/b/a—Sharp Pools and Decking Inc. Table of Contents : • El /E2—formal complaint • E3 —certificate detail report • E4—contract • E5 - E9—proof of payment • E l 0/Ell —permit and inspection history • E 12—notice of hearing sent certified mail • El 3 —notice of hearing/courtesy copy • El4/E15—Florida Building Code sections 105.4.1 and 105.4.1.3 • E16—U.S. Postal Service tracking and delivery confirmation results • E l 7—pool photo • El 8—pool photo CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE • • • • • • NAPLES.; FLORIDA 33942 • COMPLAINT NUMBER g ( 4 ' • COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A LWORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/HER DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE. FORM PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE. OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE 'WITH PARTICULARITY WHICH SECTION(S) OF• THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN VIOLATED BY THE CONTRACTOR AND THE ESSENTIAL FACTS IN SUPPORT • THEREOF. . • COMPLAINT . • PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE COMPLAINT. • DATE c/OS . AGAINST: • • CONTRACTOR'S NAME: DA-61.4.41-1\3 M . SkOdgi PHONE: (.9-3(i) 3.5? --(9-1 7g• BUSINESS NAME: hW.-c' ' ?a-OLS 4N.,1n DFex11•11a_33ie . • LICENSE NUMBER IF KNOWN: % 1-10 . • COLLIER •CO. COMPETENCY #: 0- 3 % 414 • CONTRACTOR'S BUSINESS ADDRESS: - V fc I ® AuE. N . • ( ( Ia�Q • • FILED BY: . • • NAME: CO LL 6(2 0 en)xSTSf 10 R LICC."'F4 N ADDRESS: ,S 015. Kne-S ESt-Eat D(- , BUS. PHONE: •-41 LI • • • ADDRESS WHERE WORK DONE: ® it S1• 'S -t i /Q440-E-ti FL. 31-1 71'4" CITY: 1likf.e S COUNTY bit E DATE OF CONTRACT �` I IU ( DATE JOB STARTED PE ..w..T Affuei) (di zio 1156 DATE JOB COMPLETED OR NEW HOME OCCUPIED , 4 &QLF_1E . • WERE THERE PLANS AND SPECIFICATIONS? \/E.t IS THERE A WRITTEN CONTRACT'! t IF YES, AMOUNT OF CONTRACt aaJ 1SI- 4.e HAS CONTRACTOR BEEN PAID IN FULL?_ NJU IF NOT, WHAT AMOUNT? c1; `4 4— WAS A BUILDING PERMIT OBTAINED?_1ES - WHO OBTAINED BUILDING PERMIT?-nF- _ CO-T C-bRPERMIT # IF KNOWN ?DedC�tSS/9--.f S - HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE? • • DATE SS 1X^ (0 DO YOU HAVE HIS REPLY? Kin PLEASE ATTACH TO THIS • FORM ALL COPIES OF THE PURCHASE AGREEMENT, BUILDING CONTRACT, HOME IMPROVEMENT CONTRACT, COPIES OF RECEIPTS AND/OR CANCELED CHECKS AVAILABLE AND ANY ADDITIONAL EVIDENCE TO SUBSTANTIATE YOUR ALLEGATIONS. LIST ANY SUBSECTIONS OF SECTION 4 OF COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, WHICH, IN YOUR OPINION, HAVE BEEN VIOLATED BY THE CONTRACTOR WHICH. • IS THE SUBJECT OF THIS COMPLAINT, (LIST SUBSECTION NUMBER) 1 • 4.1.6— Disregards or violates, in the performance of his contracting business in Collier County, any of the building, safety, health, insurance or Worker's Compensation laws of the State of Florida or ordinances of this County. • • • PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR: (LIST FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) On July 30th,2008,I,Rob Ganguli Collier County License Compliance Officer,received • a preliminary complaint form submitted by a Marlia Burke residing at 960 11th St.S.W. • regarding a swimming pool contracted to be built by Sharp Pools and Decking in August of 2006.The amount specified in the contract was$32,879.00 of which$32,877.64 has been paid.As of September 5th,2008,the required inspections of the now expired permit #2006082152 have yet to be completed.This has resulted in the Certificate of • Occupancy/Completion not being obtained,and a violation of Florida Building Codes 105.4.1 and 105.4.1.3. My numerous attempts to contact Mr.Sharp regarding this matter were unsuccessful,and the official notice of hearing was sent Certified Mail on August 26th,2008 to the address of record.A courtesy copy of the notice was also hand delivered to the respondent's wife on September 3`d,2008. • (IF ADDITIONAL SPACE IS N D, U . PARA TY/" (CO\LAINANT' SIGN RE) STATE OF Ft-C3 JZi COUNTY OF C e Ltr E R • Sworn to (or affirmed) and subscribed before me this day of , 19 , by (name of person making statement) • SIGNATURE OF NOTARY PUBLIC PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC) Personally known or Produced identification . Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 23844 DAMAN KEATH SHARP SHARP POOLS AND DECKING, INC. ACTIVE DETAIL CLASS CODE CLASS DESC STATE NBR 1610 SWIMMING POOL RESIDENTIAL. - REGISTER RP 252554745 ORIG ISSD DATE STATE EXP DATE 8/5/2002 8/31/2009 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 9/30/2008 OTH OL NBR COUNTY OL EXEMPT N CNCL DATE COUNTY OL NBR COUNTY OL EXP DATE 0TH OL EXP DATE 020215 9/30/2008 REINSTATE DATE DBA PHONE FAX (239) 352-2182 MAILING ADDRESS PHYSICAL ADDRESS 2626 10TH AVE NE 2626 10TH AVE NE NAPLES FL 34120- NAPLES FL 34120- LIABILITY INSURANCE COMPANY EXP DATE WEEMS INS OF NAPLES INC 4/22/2009 PHONE EFFECTIVE DATE (239) 775-8705 4/22/2008 POLICY NUMBER CNCL DATE GL 930313 INSURANCE LIMITS 1, 000,000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY EXP DATE PHONE EFFECTIVE DATE ( ) - POLICY CNCL DATE Collier County Board of County Commissioners Printed on 8/22/200 3:24:16PM CD-Plus for Windows 95/NT Page 1 02/19/2014 23:02 FAX a 014 • `- l j1`12) 1- LI ll` 262610th Avenue,N.E. (._ Naples,FL 34120 PHONE(239)352.2182 PAX(239)352-2175 E-Moil;shrwppooledec'lcas®ao).con ` DATE: (. I ti. CONSTRUCTION AND MECHANICAL DETAILS This form,when properly signed by both parties or their agents,constitutes a contract between Sharp Pools and Docking,Inc.,and the Owner as designated below at the price,terms and conditions herein sat forth on both sides of this form. 1. ff -.irs [1:// j(C=."' 2.INSTALL ATIONADDRBSS: 96e) // '. ..;...•• 3.M.AILLINGADDRESS: .`: 4.JOBPHONE: 2l/- i7-5776 OTHERS; 5.LOT. BLOC& SUBDIVISION: 6.ACCESS: Any trees,bushes,'sod,walls,fences,sprinklers,septic tanks,water or sewer lines,driveways or sidewalks,or other obstructions above or below ground in the area required for construction under this contract shall be moved,cared for end/or,eplaced by the Owner.except as stated here c\C\� Initial 7.EARTH REMOVAL: YES NO '- ADDITIONAL FILL,IF REQUIRED.PROVIDED BY OWNER CONSTRUCTION AND MECHANICAL DETAILS All construction and mechanical details covered by this contract shall conform to standard Sharp Pools and Decking.Inc. Structural and Mechanical Specifications and/or Working Drawings,which are available on demand to the Owner.Pool structure shall be steel rein- forced gunite and concrete construction,with integral bond beam. 1. POOL SHAPE R--71... .i- 26.AUTO CONTROLS YES_NO✓TYPE 2. MAXIMUM LENGTH ``rMAXIMUM WIDTH !'f' 27.PII1NGS YES NO�`DRIVENBY_CAPPED BY_ 3. MAXIMUM DEPTH G,'MINIMUM DEPTH Y.i 02/19/2014 23:02 FAX 11009 REDE Page 2 of 4 MARLIA A BURKE 0243 175 9601Ith St SW Naples,FL 34117 G ea•s. + Date t+k+MC$sow Pay to the ` y order of _C�c 1 $ "f 7v�7•y4 YMw n � �.-�-•tc�VL .I�G�f��'°`'t7��lacs U ��;;�, SouthTrust (21140,4 , BankWow.FL r fo Nt +: O PS _ ++'OOD 19 ? 2 ?tip/ •0 b` IA# . 1 :,:.' t� 10631075134 . • - - law FL IMari.6 0.11 6.4ga 7.47 0 • REQUEST 00002924895004000 19727.40 ROLL ECIA 20061005 000003037314334 7013 ECIA F ACCT 0031000128523837 REQUESTOR Jeffrey B Harvey MARLIA A BURKE 960 11 TH ST SW NAPLES FL 34117 • 02/19/2014 23:02 FAX Ij010 REDE Page 3 of 4 �.-- — - - MARLIA A BURKE 42!03 177 96a 11th St SW Naples,FL 34117 1 t \ r �.�a r 4).t. f 0 �r7 Dale e aaen5 aa1 4-aY tO the I O rcierOf. S K:1A—f_17_CC.720_C. $ 11. -r c.01-161ka tYs.y 11ars SouthTrust , Bank IId—.,rL AM For pAce....... Ciis2,_.--9_._z_... _, ____... .t. 0177 ,'000082L97S10 1 c C11 or'el—A I "' "� 0-063 TO 75 1341 chi t WgiudYS SM 31941 41 is a r 1 REQUEST 00002924895000000 8219.75 ROLL ECIA 20061205 000004437113244 JOB ECIA F ACCT 0031000128523837 REQUESTOR Jeffrey B Harvey MARLIA A BURKE 960 11TH ST SW NAPLES FL 34117 1 Ic. 02/19/2014 23:02 FAX X1011 REDE Page 4 of 4 MARLIA A BURKE 02/03 184 960 11th St SW Naples,FE. 341,17 • iss31 .Date n Pay_order f i $ /?GI . J / imaoRT .12.70/1/41 ---SC■Sb.aPAS — — _ Donors SouthTrusl Bank!". • For ( •� &84 /001200 74 2 Vie o E.m tyo ��-• • C r • Ind p �a•00�IA Ma leg to SZ alg • 10.0 I.G75134 "40 23 J. , i FL 0327 ''` 2 r . -+ _ _ .. - •y i �%.�� _ --- r REQUEST 00002924895000000 742.59 ROLL ECIA 20070308 000004631003589 IQE ECIA F ACCT 0031000128523837 REQUESTOR Jeffrey B Harvey MARLIA A BURKE 950 11TH ST SW NAPLES FL 34117 ` 02/19/2014 23:02 FAX t1012 MARL IA A BURKE 980 11TH ST SW 103 NAPLES FL 34117.2228 _..__2 4..1____ 4r_a_.._._...._0 65-21/630 Date Ilecer of - -- • 4111114i. II $ 31 =18?-90 tw t r _ A• ..... __�� A el r,�,_. . •- .....__t4 Ir Cr arss W 0...... 4 if r i'.A HOVIA 2074 _ ftwhwaa Banks,hamonpt AsseC'at For - �,,.. r 3+: 00010 100000 2$ 90>~ ------_ . .. - - .. .. -- -- -- .--- - - --- ---- --- ----- . .i. r.1 1l 1 4 : _ _ p0631075134 t V la M X36 4945T - RAI 0,_ ft110146 Wit, *N\ A.' \T Item Amount Item Serie! Item R/T Item Account Item Sequence Item Capture Date $3,287.90 6300021 791 821848985 3236548098 8/14/2006 Wachovia Ulric, N.A. certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in the archives of Wachovia Bank, N.A. or its predecessors. page 1 Op,g0946 02/19/2014 23:02 FAX I1013 Prit,rwry'r 1""" _"1 r r- .. ' -.---1'-•r' . _ , • MARIA A BURKw 96011Th S7 SW / 110 NAPLES FL 34117-2225 Q / V ceirS'' 6e if-N._ 1 , 404, rof _ A . ,, i `-4-3 A 40 18I , I $ 966 CO �ftl1}M WACII0V14. 2074 Nad+owe Sank,NiD4nel Aseoce Hof • /1(12.4.14..) . For QDO i &o e000009000De _-A —. • Fl C.-. 1 c,..) 0- R. ; , figill . SI g . 1 `�III..r :� �iA '�VCB�fr ��ST 11 fL 1116 es9K cr . . L-1:::=-7..rv-zr:-.T a zr. rt or fi • • I Item Amount Item Semi Item RIT Item Account Item Sequence Item Capture Date $900.00 5300021 791821848985 3033287468 11!1012006 Wachovia Bark, N.A. certifies that the above image is a true and exact copy of the original item issued by the named customer, and was produced from original data stored in the archives of Wachovia Bank, N.A. or its predecessors. Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSPECTION HISTORY PRINT PERMIT NBR: 2006082152 JOB DESC:S/F POOL/SPA/DECK ELEC FROM SUB STATUS:INSPECT JOB LOCATION: 960 11TH ST SW SUBDIVISION 701 / Golden Gate Estates Unit 193 BLOCK:87 LOT: 0 MASTER NBR: TRS: UNIT: TRACT: NONE TAZ: 195 WATER: SEWER: COA: FLOOD ZONE: D OWNER NAME: BURKE, MARLIA A JOB PHONE: (239)352-2182 CERT NBR: 23844 DBA: SHARP POOLS AND DECKING, INC. JOB VALUE: $32,000.00 CONTACT NAME:JEANNETTE CONTACT PHONE: (239) 352-2182 SETBACKS FRONT: REAR: 10.00 LEFT: 30.00 RIGHT: 30.00 SPECIAL: IMPORTANT DATES: EXTENDED APPLICATION APPROVAL ISSUED CO EXPIRATION CANCEL EXPIRATION 8/21/2006 8/30/2006 9/29/2006 3/28/2007 DIRECTIONS: N150 ' ADDTL INFO: MP05-2326 EXTERIOR BARRIER= HP=1.5 SUBCONTRACTORS CERT NBR SUB STATUS START DATE END DATE STATUS SUB CLASS DBA 10419 ACTIVE 8/21/2006 INACTIVE EL ELECTRICAL WORKS OF COLLIER C SUBPERMITS PERMIT NBR STATUS TYPE CERT NBR DBA JOB DESC FEES FEE CODE STATUS DESCRIPTION WAIVE AMOUNT DUE ENTER DATE 08BPNP POSTED BLDG PERMITS - NAPLES N 100.00 8/30/2006 08MFSG POSTED MICROFILM SURCHARGE N 3 .00 8/30/2006 tEQ CLASS DESCRIPTION/REMARKS PRI REQ DATE RESULT CODE RES DATE INSPECTOR )99 ST NOTICE OF COMMENCEMENT 0 10/2/2006 90 10/2/2006 POLLYWILSON NOC : 4114 PG : 1262 / PW 22 SS 10 DAY SPOT SURVEY 0 4/23/2008 90 4/23/2008 BARBGARBROUGH 4/23/08 SET BACKS OK FOR POOL & SCREEN/BJG 00 PB PLUMBING ROUGH 0 10/2/2006 92 10/2/2006 kerrigan or 4114 pg 1262, drains and vent 00 PB PLUMBING ROUGH 0 12/14/2006 81 12/14/2006 clements need 35 psi 00 PB PLUMBING ROUGH 12/19/2006 90 12/19/2006 noonan 04 PB FINAL PLBG/VERIFY METER# WITH UNIT# 02 EL FINAL ELECTRICAL 00 PL POOL BONDING 10/2/2006 92 10/2/2006 girard shell only/sg 00 PL POOL BONDING 0 11/29/2006 91 11/29/2006 girard one set anchors/sg 'oilier County Board of County Commissioners Printed on: 9/5/2008 10:26:33AM D-Plus for Windows 95/NT CDPR2036 Page 1 of 2 to • '7`0 1 PL FINAL POOL 702 PL POOL DECK 11/29/2006 90 11/29/2006 mitchell 703 EL WET NITCHE 704 PL POOL SHELL REINFORCEMENT 10/2/2006 90 10/2/2006 devoll 801 RW SITE DRAINAGE 0 8/15/2008 75 FIE) RW SITE DRAINAGE 'oilier County Board of County Commissioners Printed on: 9/5/2008 10:26:33AM 'D-Plus for Windows 95/NT CDPR2036 Page 2 of 2 11111 COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples,Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 Certified Mail #7003 2260 0007 4297 6212 Date: 08/26/08 Damon Sharp Sharp Pools and Decking Inc. 2626 10`h Ave. N.E. Naples, FL. 34120 RE: Complaint filed against you by Marlia Burke Dear Mr. Damon Sharp: A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on September 17`h, 2008 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building(W. Harmon Turner Bldg.), at 3301 East Tamiami Trail,Naples, Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit"A"will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit"A",you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s)4.1.6. of Ordinance # 2002-21,as amended,the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate#23844 and/or suspension or revocation of your permit privileges against your state license#RP 252554745, o erely e........./...i e........./... b Ganguli Licensing compliance Officer Phone # (239)252-2914 C o I ''' ii e r C o 14 11 t y COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples,Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 Certified Mail #7003 2260 0007 4297 6212 Date: 08/26/08 Damon Sharp Sharp Pools and Decking Inc. 2626 10`1'Ave.N.E. Naples, FL. 34120 RE: Complaint filed against you by Marlia Burke Dear Mr. Damon Sharp: A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on September 17`h, 2008 at 9:00 AM in the Board of County Commissioner's Room, Third Floor,Administration Building(W. Harmon Turner Bldg.), at 3301 East Tamiami Trail,Naples,Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit"A"will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit"A",you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet,you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s)4.1.6. of Ordinance# 2002-21,as amended,the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate#23844 and/or suspension or revocation of your permit privileges against your state license#RP 252554745_ t - Cerely `ems. 1 b Ganguli Licensing fompliance Officer Phone # (239) 252-2914 X tx-i-s2 4 Q ' 9 et / 5/6 C o I •I 7 i e r C o 14 n t y E 1 '3 • l_,`.11v1\ 1 J 11i1uV1111J Page 5 of 7 receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement:State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Build2004_FL/3/8?f=templat... 9/5/2008 ET— I .,�., 1.,�. . 1 Ll.l.11 1 1 J rage o or • injunction, order or similar process. 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. http://ecodes.iccsafe.org/icce/gateway.d11/Florida%20Custom/Build2004 FL/3/8?f=templat... 9/5/2008 — 9 S USPS -Track& Confirm Page 1 of 1 tAvirEDSTATa iza.5� 6 Home I Help I Sign In S':i CK `"'' . '1' "'. ,rr+w ',.i .W a 1 Track&Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7003 2260 0007 4297 6212 Status: Notice Left Track&Confirm We attempted to deliver your item at 12:25 PM on August 28,2008 in Enter Label/Receipt Number. NAPLES, FL 34120 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed,it will be returned to the sender. Information,if available, is updated every evening.Please check '. D'- again later. III Notifteadon Tans Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Cell>) Site Map Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National&Premier Accounts Copyright©1998-2007 USPS.All Rights Reserved. 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