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CLB Backup 10/16/2019COLLIER COUNTY Board of County Commissioners Contractor Licensing Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 16, 2019 9:00 AM Kyle E. Lantz, Chair Matthew Nolton, Vice-Chair Robert P. Meister, III Patrick G. White Michael E. Boyd Terry Jerulle Richard E. Joslin, Jr. Jeffrey Williams NOTICE: All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252-8380; assisted listening devices for the hearing impaired are available in the Facilities Management Division. 1. ROLL CALL 2. ADDITIONS OR DELETIONS 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 4.A. APPROVAL OF MINUTES SEPTEMBER 18, 2019 5. PUBLIC COMMENTS 6. DISCUSSION 6.A. CURRENT OWNER BUILDER AFFIDAVIT & CH. 489.103 EXEMPTIONS 7. REPORTS 7.A. YEAR END REPORTS & 2019 RENEWAL TOTALS 8. NEW BUSINESS 8.A. ORDERS OF THE BOARD 8.B. ROBERTO KINDELAN - REINSTATEMENT WITH WAIVER OF EXAMS 8.C. PATRICK PURNELL - REINSTATEMENT WITH WAIVER OF EXAMS 8.D. TRAVIS BULLOCK - APPLICATION TO QUALIFY SECOND ENTITY 9. OLD BUSINESS 10. PUBLIC HEARINGS 10.A. CASE 2019-06 - MICHAEL MARCHETTI - MISCONDUCT OF STATE CERTIFIED CONTRACTOR 11. NEXT MEETING DATE 11.A. WEDNESDAY, DECEMBER 18, 2019 Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at 252-8383. _ �-��-�,'� ��'� BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2019-6 License Number: CF[U5G03O MARCHETTI, MICHAEL J Bonita Springs Plumbing&Gas, Inc. Respondent. ADMINSTRATIVE COMPLAINT Collier County(County) files the Administrative Complaint against Michael J. Marchetti (Respondent), a State licensed Certified Plumbing Contractor(License CFC056830), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by the State of Florida as a Certified Plumbing Contractor with License number CFCOS6S3O. 2. Under the provisions of Collier County Ordinance 200&46, as amended, Section 4,2.2.,the following actions by a holder of a State Certified Pluming Contractor/Collier County registered Contractor(#C23293) shall constitute misconduct and grounds for discipline pursuant the Section 4.3. a. On 9/14/2018,Joseph Nourse, Collier County Contractor Licensing Compliance Officer, received a Code Enforcement complaint referral regarding 1155 Sandpiper St. Unit D4 for an unpermitted plumbing alteration to a nno|ti'fanni|y[ondo,niniurn. Database research revealed no permits in issuance for work performed. Mr. Nourse contacted the property owner Ms. Hari Khalsa on 9/20/2018 and confirmed that she had her bathtub changed out by a handyman, and the plumbing was hooked up by Michael J Marchetti dba Bonita Springs Plumbing and Gas, Inc. for 5500.00 paid by personal check 1042. - ' b. No attempt to resolve the issue has been taken by the contractor. 3. Thereafter, pursuant to Collier County Ordinance 2006-46' as amended, Section 4.3.2 and Section 4.3.3, the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against Respondent. COUNT 1 5. [oUierCnuntyOrdinance2OO6'4G, asamended, Sechon4J.Z, &4iuconduc1—State [ertified Contractors, states: "Willfully violating the applicable building codes or laws of the state, city, or Collier County" WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Ordinance 2006-46, as amended, Section 4.2„ as amended, and WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violations charged. i/ /u� '~ Dated: , �� ~/ / 5Qned� -�� ` Michael P. Bogert Collier County Contractors' Licensing Supervisor or Designee Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 34104 Complaint Number- 2019-06 Complainant:Any person who believes that a Contractor holding a State Certification or Certificate of competency has violated Collier County Ordinance 2006-46,as amended,may submit a sworn 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 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: Commencing work without a permit. Please print or type and return signed copies of the complaint. Date: October 4th,2019 Against: Contractor's Name: Michael 3. Marchetti Phone: 239-707-6688 Business Name: Bonita Springs Plumbing&Gas, Inc. License Number if known:Certified Plumbing Contractor/CFC056830 Collier County Competency number: C23293 Contractor's Business Address: 21159 Braxfield Loop, Estero, FL 33928 Filed By: Name: Collier County Contractors' Licensing/Michael P. Bogert Address: 2800 N. Horseshoe Dr., Naples,FL 34104 Business Phone: 239-252-2450 Address where work done: 1155 Sandpiper St. Unit 134 City: Naples County: Collier Date of contract: August 8', 2018 Date job started: August 8th, 2018 Date job completed or new home occupied: August 8th, 2018 Were there plans and specifications? No Is there a written contract? No . If yes,amount of Contract: $ Has Contractor been paid in full? Yes . If not, what amount? Was a Building Permit obtained? No. Was a Building Permit required? Yes. Building Permit number if known: n/a Have you communicated by letter with the licensee? No. A Notice of Hearing was requested to be published and run as a newspaper ad that was taken out in the Naples Daily News running for 30 days continuously, starting on Wednesday September 11th, 2019,and ending Wednesday October 9th,2019. Date: 9-11-2019 Do you have a reply?No Please attach to this form all copies of the purchase agreement,building contract,home improvement contract,copies of receipts and/or cancelled checks available and any additional evidence to substantiate your allegations. List any subsections of Section 4 of Collier County Ordinance number 2006-46,as amended, which,in your opinion,have been violated by the contractor which is the subject of this complaint,(list subsection number): a. Collier County Ordinance 2006-46, as amended, Section 4.2.2.,Misconduct—State Certified Contractors, states: "Willfully violating the applicable building codes or laws of the state,city,or Collier County."—Commence work prior to issuance of a building permit(State Building Code violation 105.1). Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: a. Collier County Ordinance 2006-46,as amended, Section 4.2.2.,Misconduct—State Certified Contractors, states: "Willfully violating the applicable building codes or laws of the state,city, or Collier County."—Commence work prior to issuance of a building permit(State Building Code violation 105.1). Michael J. Marchetti has willfully violated the Florida building codes by not applying for and securing an issued building permit prior to commencing work. Contractor, Michael J.Marchetti (dba') Bonita Springs Plumbing&Gas, Inc. was hired by homeowner, Ms. Hari Khalsa, 1155 Sandpiper St. Unit D4, Naples. FL 34102,to hookup plumbing for a new bathtub installation. The work was completed by Mr.Marchetti (dba) Bonita Springs Plumbing &Gas. Inc.without the issuance of any building,permit. State of: Florida County of: Collier 4+1 Sworn to (or affirmed) and subscribed before me this day of 2019, 1 (signature of person making statement). ---".. 0.940111011.V1 •nature of Notary Public) Print,type or stamp commissioned name of Notary Public: 4too L11.01,DAM L-1114 " W COMMON#MUM MUM ity 421110 %of kriketri hilailitatihmine Personally known or produced identification