CLB Agenda 12/18/2019COLLIER 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
December 18, 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 - October 16, 2019
5. PUBLIC COMMENTS
6. DISCUSSION
7. REPORTS
8. NEW BUSINESS
8.A. Orders of the Board
8.B. Trevor Reiland - Application to Qualify Second Company
9. OLD BUSINESS
10. PUBLIC HEARINGS
10.A. Case 2019 - 07 - Misconduct - Stephen Cuebas - All Weather Hurricane Shutters
10.B. 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical Garden And
Landscape
11. NEXT MEETING DATE
11.A. Wednesday, January 15, 2020
Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at
252-8383.
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 4.A
Item Summary: Approval of Minutes - October 16, 2019
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/09/2019 2:33 PM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/09/2019 2:33 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/09/2019 6:27 PM
Contractor Licensing Board Michael Cox Review Item Skipped 12/10/2019 4:27 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/11/2019 12:36 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
4.A
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October 16, 2019
1
MINUTES
OF THE COLLIER COUNTY
CONTRACTORS’ LICENSING BOARD
October 16, 2019
Naples, Florida
LET IT BE REMEMBERED that the Collier County Contractors’ Licensing
Board, having conducted business herein, met on this date at 9:00 AM in
REGULAR SESSION in Administrative Building “F,” 3rd Floor, Collier County
Government Complex, Naples, Florida, with the following Members present:
Chairman: Kyle E. Lantz
Vice Chair: Matthew Nolton
Members: Terry Jerulle
Richard E. Joslin
Patrick G. White
Excused: Michael E. Boyd
Robert P. Meister
ALSO PRESENT:
Everildo Ybaceta – Supervisor, Contractors’ Licensing Office
Lilla Davis – Administrative Supervisor, Contractors’ Licensing Office
Kevin Noell, Esq. – Assistant Collier County Attorney
Jed Schneck, Esq. – Attorney for the Contractors’ Licensing Board
Michael P. Bogert – Collier County Contractor Licensing Compliance Officer
4.A.1
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Any person who decides to appeal a decision of this Board will need a record of the
proceedings and may need to ensure that a verbatim record of said proceedings is made,
which record includes the testimony and evidence upon which any Appeal is to be made.
1. ROLL CALL:
Chairman Kyle E. Lantz opened the meeting at 9:04 AM and read the procedures to be
followed to appeal a decision of the Board.
Roll Call was taken; a quorum was established; five (5) voting members were present.
2. AGENDA- ADDITIONS, CHANGES, OR DELETIONS:
(None)
3. APPROVAL OF AGENDA:
Richard Joslin moved to approve the Agenda as presented. Vice Chairman Matthew
Nolton offered a Second in support of the motion.
Carried unanimously, 5 – 0.
4. APPROVAL OF MINUTES: SEPTEMBER 18, 2019
Terry Jerulle moved to approve the Minutes of the September 18, 2019 Meeting as
submitted. Richard Joslin offered a Second in support of the motion.
Carried unanimously, 5 – 0.
5. PUBLIC COMMENT:
(None)
6. DISCUSSION:
A. Current Owner/Builder Affidavit and Florida Statutes (Chapter 489) Section
489.103 - Exemptions for Owner/Builder
Everildo Ybaceta, Supervisor – Contractors’ Licensing Office: “As a general
policy in Florida, construction work is to be done by an appropriately licensed
Contractor unless exempted from the licensing requirement under Florida Statutes,
(Chapter 489) Section 489.103. Examples of exemptions: when minor and/or
inconsequential work, and small repairs for which the aggregate contract for labor,
materials, and other items is less than one thousand dollars ($1,000). Another
example: when a homeowner elects to serve as his own contractor, he/she is
exempted from the licensure requirement. An owner of a property may act as his/her
own contractor only for building or improving a farm outbuilding, or a one-family or
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two-family residence. The owner/builder may improve a commercial building, but
the cost cannot exceed seventy-five thousand dollars ($75,000). The owner/builder
is required to own and occupy the entire structure. Example: If he/she rents three of
four suites in a commercial building, the exemption does not apply.
Chairman Lantz: If I own a house in Collier County but only occupy it on a part-
time basis, is that considered to be “occupied” by the owner/builder?
Everildo Ybaceta: If it’s for the use – it must be for the personal use – it specifies
that – it’s for the use and occupancy of the owner/builder.
Chairman Lantz: I can occupy it on a part-time basis and still qualify for the
exemption?
Everildo Ybaceta: As long as you don’t rent it out, yes ... or let somebody else use
it.
Chairman Lantz: So ... my homestead could be down the street and I can own this
but as long as I don’t rent it out, I could still ...
Everildo Ybaceta: That Section is a little bit ambiguous – I want to point that out ...
it’s open to interpretation. As a whole, Collier County does look at -- if you are
homesteaded, then you are living in the property – you are using that property. If you
own another piece of property somewhere in Collier County, most likely you are
using it as a rental for income.
Chairman Lantz: So, it might be considered as owner/builder eligible, or it
definitely would not be considered eligible?
Everildo Ybaceta: It might be considered eligible for an owner/builder exemption,
but you must specify how you are using that property. It can’t be for purposes other
than your own personal use.
Patrick White: A condo is considered as a commercial building? Correct?
Everildo Ybaceta: Yes.
Patrick White: And in a condo building, you do not occupy all the units – the notion
of what we were just discussing – they are separate properties because you do not
occupy the entire building – therefore, the owner/builder exemption does not apply.
Everildo Ybaceta: Correct ... and a little further down the line, there might be a
slight differentiation in that – but I’ll get to that in a second. To qualify for the
exemption, the owner/builder must go to the Building Department to sign the
application before staff and sign an Affidavit which states that he/she will be
responsible for obtaining the permit. A copy of the document has been included in
your information packet. The Affidavit states that you, as the owner/builder,
recognize the construction work must be completed by a licensed contractor and that
you have applied for the permit as an owner/builder under the exemption. It also
states – and you must initial each of the items – that the permit is not required to be
signed by the property owner unless he/she is responsible for the construction and is
not hiring licensed contractors to assume this responsibility. The owner/builder is the
responsible party of record on the building permit and they must protect themselves
by not hiring unlicensed contractors to do that type of work. “I understand that the
Scope of Work is limited to one or two-family residences, a farm outbuilding, or a
commercial building if the costs do not exceed $75,000.” The building or residence
must be for the owner/builder’s personal use and occupancy and may not be built or
substantially improved for sale within one year of the construction.
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Everildo Ybaceta: There was a Bill in the State’s House of Representatives which
passed (July; House Bill #447) and amends this Section slightly:
“... unless the owner is completing the requirements of a building permit
where the Contractor has substantially completed the project ...”
If the contractor did the work but failed to complete the job for whatever reason, then
the homeowner can take over the project and finish it.
The Affidavit also states the owner/builder understands that:
• he/she must provide direct on-site supervision of the construction work;
• he/she cannot hire unlicensed persons to act as his/her contractor to supervise
the work;
• he/she may be held liable and subjected to financial risk for any injuries
sustained by an unlicensed person (or his/her employees) while working on
the property;
• the homeowner’s insurance may not provide coverage for those injuries;
• he/she must affirm that he/she is willfully acting as an owner/builder, and
he/she is aware of the limits of his/her insurance coverage and the injuries
sustained by workers while on the property;
• he/she may not delegate his/her responsibility to supervise the work to a
Contractor who is not licensed to perform the work being done;
• any person working on the property who is not licensed must be under the
direct supervision of the owner/builder and must be employed by the owner;
• the owner/builder must comply with all laws concerning the withholding of
Federal taxes and Social Security payments and must provide Workers’
Compensation insurance coverage for such employees.
Terry Jerulle: So, for me to get a permit as a General Contractor, I must provide to
the County both Workers’ Compensation documentation and liability insurance –
correct?
Everildo Ybaceta: Correct.
Terry Jerulle: But the owner/builder doesn’t have to do that?
Everildo Ybaceta: No, he or she does not.
Patrick White: And as far as the liability that they will have – having not
demonstrated any of those things as Mr. Jerulle has indicated – the Contractor must
do it. If they hire someone – according to what the Affidavit says – and treat them as
a “1099” (independent contractor) that would seem to not be compliant with the law
as I found out because it says “employee.”
Everildo Ybaceta: Right
Patrick White: I don’t understand why the 1099 wouldn’t apply. But, I guess,
hopefully we’ll never have this issue come before us but, at least, I think it’s worth
mentioning at this moment ...
Richard Joslin: But it’s not a question about licensure ...
Patrick White: I’m not done yet, sorry. The distinction with hiring someone who is
unlicensed – or licensed – and having to provide them with some form of
compensation if they are injured ... I don’t know if obtaining a written Waiver and an
acknowledgment that the person is responsible for any injuries or harm that may
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come to them. I don’t know if it violates the Statute is what I’m saying – I think it’s
an open issue.
Everildo Ybaceta: I cannot comment on that right now.
Patrick White: I just wanted to point it out. If folks are going to be in that position,
it’s an option they may consider and it’s one that we may have to, at some point, be
the ones to adjudicate.
Richard Joslin: Again, as far as the licensing goes, though, that takes away this
Board’s action against the owner/builder. If he/she hires someone who is not licensed
or if someone gets hurt on the job ...
Everildo Ybaceta: It is not – yes – the Contractors’ Licensing Board would not hear
that case.
Richard Joslin: And so, what if something does happen? What if the owner/builder
does hire an unlicensed contractor – how is her/she ... penalized? Are we doing that?
Everildo Ybaceta: That would come from the State’s Construction Industry
Licensing Board (“CILB”) or from the Department of Business and Professional
Regulation (“DBPR”). If it goes down that road, the authority to make the decision
would fall under either Code Enforcement – because it is an owner/builder situation
depending on the violation – or it could go to the DBPR who would most likely
investigate the Workers’ Compensation coverage aspect.
Patrick White: So, if we have a local Contractor, who is locally licensed only, who
violated one provision – let’s say the work costs more than $75,000 in a commercial
build – and everything else applied, but he didn’t obtain a permit, you’re saying the
case would not come before us? Where would the enforcement lie? I understand the
County has options as to where it can bring an enforcement action ... to a Circuit
Court Judge or wherever, but ...
Everildo Ybaceta: If you’re – I’m not sure I’m understanding your question
correctly. You’re asking if the owner of a commercial property violates the rule that
the cost of the work cannot exceed $75,000, where would the enforcement go?
Patrick White: Yes, and he didn’t obtain a permit. He went ahead and said he
qualified for the exemption but then the facts come to light that he didn’t.
Everildo Ybaceta: It would not go to the CILB ... it would go to the DBPR ... it’s
something that they would have to prove and there would be an investigation at that
point in time.
Patrick White: Because the violation pertained to ....
Everildo Ybaceta: And if they didn’t ...
Patrick White: ... not obtaining a permit and ...
Everildo Ybaceta: ... that portion of it would fall under Code Enforcement because
(1) it’s an owner/builder, (2) because there wasn’t a licensed contractor involved at
that point in time ... so that, basically, takes Contractors’ Licensing out of the
situation.
Patrick White: That’s interesting. I don’t know that I agree because if somebody is
doing something without a permit when one is required, I think we have a case like
that today.
Everildo Ybaceta: Correct ... but there as a licensed ... well, let’s not get into that
portion yet.
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Patrick White: And we issue Citations for unlicensed contracting that we have
jurisdiction over so ... I don’t know ... let’s just hope we never have to.
Chairman Lantz: Let me ask this scenario: Tommy Smith gets an owner/builder
permit to replace his roof. He hires Joe Blow Roofing who is not licensed. Joe Blow
Roofing does something wrong and screws it up. According to this, we don’t get
involved in the issue between Tommy Smith and Joe Blow Roofing because this
clearly states that once an owner/builder gets the exemption, he/she is responsible to
make sure Joe Blow Roofing is licensed, and he/she is responsible to make sure Joe
Blow Roofing does its job, and then, on the bottom of the Affidavit, it says, “I agree
that the Building Department won’t help me.” So – is that truly the case?
Patrick White: Which part?
Everildo Ybaceta: I’m not going to say that the Building Department would not
help ... I wouldn’t say that. I would say you are correct in that the owner/builder is
assuming the responsibility of the permitting and the work on that property. If
something structural is not correct or if the owner/builder hires Joe Person to do the
work and Joe Person is not licensed, and if we do show up – we will issue a Citation
to that unlicensed person ...
Chairman Lantz: Even though it clearly states that it’s the homeowner who is now
the “contractor” – it’s the homeowner’s job to ensure that every person hired is either
licensed or is a W-2 employee? We’re still going to go after the person down the
road because the homeowner didn’t do his or her job?
Everildo Ybaceta: Right – as we’ve done in that case – in those situations – we’re
issued Citations to the unlicensed person and then we’ve referred the case to Code
Enforcement to be handled because – at that point – the owner of the property is
directly responsible for the work that is being done to the property. It’s not the
contractor – or the unlicensed contractor.
Chairman Lantz: I’m confused ... because when the owner hires someone who is
not a licensed contractor, that contractor is an “employee” -- right?
Richard Joslin: I think he is.
Everildo Ybaceta: There are two variations to this ... if you’re find an owner/builder
hired a person to do the work who is not licensed ... then he/she is an unlicensed
contractor ...
Chairman Lantz: I’ve signed a contract with my employee – a tile setter – and I’ve
said I’d pay him $4.50 a square foot to install tile. He’s my employee – he’s not an
independent contractor.
Richard Joslin: And he’s gets a W-2.
Chairman Lantz: He’s a W-2 employee.
Richard Joslin: If he gets a 1099, then he’s no longer ...
Chairman Lantz: I can’t 1099 him because he’s unlicensed ...
Richard Joslin: Correct.
Chairman Lantz: ... so he has to be a W-2 employee.
Everildo Ybaceta: Are he acting as a contractor with you? Is he not signing a
contract that says, I’m going to do “x,” “y,” and “z” on this?
Chairman Lantz: I don’t care how they do it, I don’t care how many hours, as long
as his pay is greater than the minimum wage – I don’t care if it takes him two days or
ten days to do it, he’s getting paid piece work ... and that’s how it works.
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Assistant County Attorney Kevin Noell: I think the distinction the County is trying
to make is if you’re going to pay someone to do skilled work, then they must have a
license for the skilled work that you’re paying them to do. If, with an owner/builder
situation, the Statute puts the obligation on the owner that he/she still has a duty to
make sure that the person he/she pays to do skilled work is licensed. It doesn’t
alleviate the person doing the skilled work from having a license, so both actions
could be taken – an action could be taken against the skilled worker who is doing, for
example, electrical work without a license and who is being paid by the owner who
doesn’t have a license. That’s to ensure the electrical work gets done properly. There
could be in the same situation then – as Evy had mentioned – the owner being sent to
Code Enforcement – that owner could be sent to Code Enforcement from the
standpoint of not making sure that the electrical person who was being paid to do the
work had a license. We very rarely ... because most times, the owner is somewhat of
the innocent victim in this who doesn’t understand the industry and things like that ...
Chairman Lantz: But aren’t these disclaimers to make the owner be responsible and
can’t claim, “I’m just a stupid homeowner,” because they’re signing this form
nineteen times to say, “Look – I’m not stupid ... I’m not uneducated ... I understand
the law and I’m going to follow the law.” Then for the County to say, “Oh, wait –
you just signed this but ... wait ... you don’t understand the law?” Isn’t that ...?
Assistant County Attorney Noell: I don’t know ... I’m not saying that it’s not
enforced ... I just haven’t had the occasion where I’ve been involved with that and,
frankly, with a lot of Code Enforcement matters, I’m not that often involved because
of the frequency of which they prosecute their own cases and things like that.
Patrick White: I think it just highlights the distinction as we referred to earlier about
where proper jurisdiction lies for the unlawful activity. I think to the extent that an
owner/builder assumes all those other responsibilities but then can’t be held
accountable for not obtaining a permit when one would be required puts us in a grey
area. I hope we never have to be responsible for that, but it would not come to us
unless the County believes that this Board is the proper authority for adjudication. In
that case, depending upon the litigation strategy of the owner and his/her willingness
to hire an attorney ... it would probably end up in Court.
Terry Jerulle: Getting back to the insurance ... I must have liability insurance to
practice as a General Contractor in this County and in this state, but the owner does
not. Now, if an owner is building a home, he/she does not have Homeowners’
Insurance ... and the State is saying that he/she doesn’t need to have general liability
insurance – so there is no insurance on that project.
Assistant County Attorney Noell: I think what they’re saying is if, as an owner,
you’re going to build a house by yourself – all by yourself – then great. If you’re
going to pay anyone to do any sort of work on that house, then they must have the
proper licensures.
Terry Jerulle: I’m talking about insurance. I’m talking about pedestrians walking
by the house and getting hurt ... they have no recourse because there is no insurance
coverage. With me, the pedestrian would have recourse – he/she would have ...
Everildo Ybaceta: You’re ... that is the risk that an owner/builder takes.
Terry Jerulle: But the County is not taking the risk ... we are putting other people at
risk by not requiring an owner/builder to have insurance.
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Vice Chairman Matthew Nolton: You’d better believe they would still own the
property. And, as a property owner, if he/she did something to put people at harm
and they knew it, then they would have the same risk that they would have as a
property owner. You could go after them as the property owner.
Terry Jerulle: Correct.
Vice Chairman Nolton: So, there is insurance ...
Terry Jerulle: But if there’s no insurance ...
Vice Chairman Nolton: Well, as a property owner, there may or may not be.
Terry Jerulle: You don’t have to have insurance.
Chairman Lantz: But you would go after the property because the property can’t be
homesteaded until there is a Certificate of Occupancy.
Terry Jerulle: I just think that we’re ...
Everildo Ybaceta: That’s where the risk comes into it.
Patrick White: And, again, it’s going to end up in Court and not likely here.
Everildo Ybaceta: I mentioned House Bill #447. It amended that exemption – you
go to Page 20 – 21 – and under 7(a), subparagraph 4, that section was amended to ... I
can read that to you if you wish ...
Richard Joslin: I’d like to hear it.
Everildo Ybaceta: Okay. It says,
“When completing the requirements of a building permit where the contractor
listed on the permit has substantially completed the project as determined by
the local permitting agency for one-family or two-family residences,
townhomes, or any accessory structure for a one-family or two-family
residence, a townhome, or an individual residential condominium unit, or
cooperative, prior to qualifying for the exemption, the owner must receive
approval from the local permitting agency and the local permitting agency must
determine that the contractor listed on the permit has substantially completed
the project, then an owner who qualifies for this exemption under this sub-
paragraph is not required to occupy the dwelling or unit for at least one year
after the completion of the project.”
Chairman Lantz: An example of this would be when you go to sell your house, the
title company says you have an expired permit and the contractor cannot be found, so
now you must go to the Building Department to obtain a completion permit – maybe
you need to have a final inspection done or just pay fees – but you don’t need to hire
another contractor because you can do it yourself.
Everildo Ybaceta: Correct. And this is where a condominium is included in that.
Chairman Lantz: I’m just curious – what’s the approval process?
Everildo Ybaceta: You would have to meet with the Building Official or his
designee to go over the permit and the work that was substantially completed. We’ve
already had some meetings about it and the consensus was if there are no life/health
or safety issues, the Building Official will approve the exemption and the application
of the owner/builder. However, we haven’t had any applications and are discussing
what “substantially completed” means – there are a lot of questions that still need to
be answered.
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Patrick White: Speaking from my experience with those words, it usually means
using the “50% Rule.” That aside, I can understand how one of our cases could lead
to that very set of circumstances where an owner/builder may need or may choose to
do that.
Everildo Ybaceta: That’s correct.
Richard Joslin: It seems as if there are an awful lot of grey areas in this whole this
statement.
Everildo Ybaceta: Yes, sir.
Chairman Lantz: Great job and thanks for the presentation. Although I don’t agree
with everything, I appreciated the presentation.
Everildo Ybaceta: You’re welcome.
Chairman Lantz: Let’s move on to 7 – A, Year End Reports.
7. REPORTS:
A. Year End Reports (10/01/2018 – 09/30/2019) and 2019 Renewal Totals
Everildo Ybaceta noted the Year End Report had been included in the Board’s
information packet.
Chairman Lantz mentioned having difficulty reading Page 33 because of the
formatting and noted it was still difficult to read when viewing the page on the
computer.
Everildo Ybaceta agreed there were some issues with the programming.
Chairman Lantz: I think it’s a great report and it’s awesome to see and I can infer
the number is eleven hundred seventy “something” which is pretty good – I just hate
to see a report that someone spent a lot of time working on to be covered over and not
read.
Patrick White noted he had a problem with the right-hand column – the edge.
Chairman Lantz (to Staff): In general, as you’ve read and interpreted this report, do
you have any input ... are you happy... seeing any trends?
Everildo Ybaceta: We’ve seen a slight up-tick in cases that we’ve opened and
closed. We’ve maintained from years past – it shows that we are on track. Also, if
you’ve noticed, the number of specialty contractors and state-certified contractors
have increased slightly from last year’s numbers. All in all, it’s remained steady.
Patrick White: As far as the non-renewals – 731 – is there a follow-up notification
using the then-current address to remind them? A lot of the requests for waivers of
exams, similar to today’s case, are based on the “Oh, I didn’t know” or “I forgot” or
“I didn’t receive my notice” or “I didn’t renew – please excuse me” excuses. I’m
looking to bull-work our evidence in those cases where we send an additional notice
to them. I’m pretty sure what the process is –
Everildo Ybaceta: Yes. During the renewal process – one week before the
September 30th deadline – we also send a reminder notice by email to all contractors
that they were approaching a hard date and that notice increased the numbers of
contractors coming in to renew their licenses. We do more than one notice – we start
sending them in July.
Chairman Lantz: So, there are 731 who did not renew?
Everildo Ybaceta: Correct.
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Chairman Lantz: Of that 731 – just from your experience – what percentage of
those do you think will renew within the next two or three months? I assume some
people will forget – and when they will go for a permit, they will realize that they
haven’t renewed. Do you think a lot of them will renew?
Everildo Ybaceta: Yes, it’s been my experience that, in the next couple of months,
they will start coming in slowly and they will pay the late fees.
Patrick White: So, we don’t do a post-30-day follow up notice?
Everildo Ybaceta: No, but we can. It’s not difficult to do.
Patrick White: That’s what I was suggesting because it will spur those people who
were going to renew but forgot – or whatever their excuse or explanation is – and it
will relieve us from additional work.
Everildo Ybaceta: That is a quick report and we could send it out to the non-
renewals at that point in time.
Patrick White: Thank you.
Richard Joslin: I have a question: When it comes to the category for Swimming
Pool Maintenance and Repair, it’s my understanding that a service company can
maintain a pool or repair existing or replace anything that already exists on a
swimming pool – correct? As well as renovations ... as long as the structure isn’t
changed.
Everildo Ybaceta: I’m sorry – what license are you talking ...
Richard Joslin: Swimming Pool Maintenance and Repair.
Everildo Ybaceta: Yes, there are certain ... yes, you can do certain things – yes, you
are correct.
Richard Joslin: Question: Are they (a service company) allowed to install brand
new equipment on a newly constructed swimming pool?
Everildo Ybaceta: I will get back to you.
Richard Joslin: As well as doing plumbing ... okay ... I need clarification on the
whole situation. I know some who are doing this. I said they can’t, and they said
they could. But you will find out for me.
Everildo Ybaceta: I will, and I will send you that information.
Richard Joslin: Thank you.
8. NEW BUSINESS:
A. Orders of the Board:
Patrick White moved to approve authorizing the Chairman to sign the Orders of the
Board. Terry Jerulle offered a Second in support of the motion.
Carried unanimously, 5 – 0.
(Note: The individuals who testified in the following cases under Item 8, “New
Business,” were first sworn in by the Attorney for the Board.)
B. Roberto Kindelan: Application for Reinstatement of License and Request to
Waive Exam(s)
(d/b/a “Commercial Land Maintenance”)
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Lilla Davis, Administrative Supervisor, Contractors’ Licensing Office, provided
the following background information:
• The Applicant has applied to reinstate his Landscaping (Restricted) and
Irrigation License;
• His license was cancelled in 2016;
• He requested to waive the re-testing requirement by applying the scores of the
exams taken in 1999, as follows:
o Business and Law exam– 87% and
o Irrigation Sprinkler trade test – 84%;
• He currently has an active license in Lee County
Richard Joslin: Is his Lee County license also restricted?
Lilla Davis: His license is for Irrigation – Lee County does not offer a license for
landscaping.
Chairman Lantz: So, you would be working only in Collier County and Lee
County?
Roberto Kindelan: Yes,
Chairman Lantz: What kind of work do you do?
Roberto Kindelan: We do a lot of roadway work for the County and landscape
maintenance – things like that.
Richard Joslin: Why is your license restricted – as to what and when?
Roberto Kindelan: It’s a restricted landscaping license – not a state license.
Everildo Ybaceta: There was a change in the Ordinance and Florida Statutes that
separated “Landscape Irrigation” and “Irrigation” – that’s where the restrictions
apply.
Chairman Lantz: Is he licensed to do one or both?
Everildo Ybaceta: He ...
Roberto Kindelan: There are two licenses – Irrigation and Restricted Landscaping,
compared to the old license which was unlimited Landscaping with the State which
gave you Irrigation and ...
Everildo Ybaceta: Correct.
Roberto Kindelan: ... Landscaping in one license. Now we have two separate
licenses.
Chairman Lantz: So, “Restricted Landscaping” is what is in our packet on Page 35
as a “Landscaping Contractor?”
Everildo Ybaceta: Yes.
Richard Joslin: What is the restriction?
Everildo Ybaceta: It’s the irrigation ...
Roberto Kindelan: Can’t do irrigation with landscaping ... it’s separate.
Richard Joslin: Now I understand.
Roberto Kindelan: This was a clerical error ... I personally handle all the state
licenses and renew them myself. I turned the local licenses over to the office and the
staff handles all that work, then they would come back to me – after everything has
been renewed – with the Occupational Licenses (“Business Tax Receipts”). I just
assumed they were both connected – they’re not. We renewed our Occupational
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Licenses all these years, but we never caught the fact that the local licenses had
expired. If we were to try to renew an Occupational License under a State license,
there was always the issue that we had to prove the license had been renewed. With
the local licenses, it didn’t catch. We renewed the Occupational Licenses for all those
years but the two aren’t connected.
Patrick White: And that’s because – it’s probably more appropriate for what has
been called an “Occupational License” but what it really is – is a Business Tax
Receipt. And, therefore, you can understand why local government isn’t monitoring
the “licensure.”
Roberto Kindelan: I just assumed it was because when we renew the State – and I
assumed that we needed that to renew the Occupational Licenses, but it wasn’t the
case.
Patrick White: Far be it for me to suggest that two sets of constitutional officers
could communicate with one another to assure that there’s compliance with the law
and the appropriate fees are collected in four years.
Chairman Lantz: So how long have you been expired?
Roberto Kindelan: Since 2016, I think.
Richard Joslin: So, for four years, you didn’t realize that you weren’t licensed?
Roberto Kindelan: I don’t think it’s four years ... three years. And, no, I didn’t ... I
didn’t know to tell you the truth. As I said, my check was for the Occupational
License thinking that it was the issue and, you know, we don’t pull any permits for
landscaping or irrigation because we’re just doing repairs – we do maintenance only
and we don’t do any new construction jobs. Under our Mechanical Contractors’
License, we are pulling permits all the time, so that was always the “catch.” But in
this case, we never caught it. I just kept seeing those renewed Occupational Licenses
and thought it was all connected.
Patrick White: Along with the Request for a Waiver, you would also like to change
the name – is that what led to “catching” this?
Roberto Kindelan: Yes, when we tried to change the name – that’s how we caught
the fact that the licenses were expired because when we went to change the name –
that brought it up.
Terry Jerulle: So, for the past three years, you’ve been working for Collier County
....
Roberto Kindelan: Yes.
Terry Jerulle: ... without a license?
Roberto Kindelan: That’s correct.
Patrick White: And the contracts that you signed didn’t require you to prove you
were licensed?
Roberto Kindelan: For our contracts, we basically supplied them with our
Occupational Licenses and that’s probably why I thought they were all connected
because nothing ever happened.
Patrick White: Having represented both the Purchasing Department and the
Building Department, I can understand how that might have happened.
Roberto Kindelan: I didn’t – we didn’t do it on purpose – we didn’t maliciously – it
was just one of those things that – I never assumed they were not connected.
Terry Jerulle: So, are there any fines or fees?
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Everildo Ybaceta: There are late charges ...
Roberto Kindelan: There are late charges for both licenses, yeah.
Terry Jerulle: And the reason you are here and bringing all this to light as opposed
to just taking the test is ...?
Roberto Kindelan: I could have gone and taken the test again ... I mean ... I could
do it. I just thought it was ... something that was an error on our part that we didn’t ...
you know ... we didn’t do it on purpose and we haven’t been out of the business for
that amount of time, I just figured this was a quicker way to take care of it and seeing
that if I hadn’t been doing the business for the last three years, then maybe I should be
required to take the test again, but ...
Chairman Lantz: You have other licenses besides this – you are a professional
engineer and you mentioned something about Mechanical ...
Roberto Kindelan: We have a separate air-conditioning company.
Richard Joslin: How about those licenses – are they expired too?
Roberto Kindelan: No. All the State licenses ... we have pest control licenses with
the State, too ... all the State licenses, I handle myself because it’s a little bit more
cumbersome for the office people to do it. But the local licenses – it’s just as simple
for them to go and renew it at the same time as they do the Occupational Licenses.
Because it was easy, I just didn’t have 100% control over what was done. It’s my
fault.
Patrick White: Are there any Continuing Education requirements that you are aware
of for the scope of either license for which you are requesting us to waive the exams?
Roberto Kindelan: None of those licenses require any Continuing Education – the
State licenses do and I’m up to date on those.
Patrick White: Thank you. Just wanted it on the record.
Chairman Lantz: So, your testimony is that you have been in the industry – actively
working – for the whole time that your licenses were expired, and you have been (a)
licensed in Lee County, and (b) actively working ... so taking the tests would be
superfluous because you’ve clearly demonstrated through your years of conduct.
Roberto Kindelan: We’ve been in business since 1999 – twenty years of
experience. I just thought it was ... you know ... the simpler process, or the preferred
process, to explain what we did since we do work for the County.
Patrick White: And because you work for the County and have a contract to work
for the County, I would encourage you to read that contract in particular as to what
the consequences may or may not be if you perform work without the appropriate
licenses, and whether the County has an obligation to reimburse you for the work
performed.
Richard Joslin: Isn’t it the County’s responsibility to check to see if he is a licensed
contractor before they signed the contract?
Patrick White: I think I alluded to that earlier, but my guess is that – after today’s
discussion – there will be an interior dialogue and hopefully a box to check in the
purchasing contract process.
Roberto Kindelan: We bid jobs all the time for the County and submit the
paperwork ...
Patrick White: I understand.
Roberto Kindelan: ... and, basically, we submit our Occupational License as ...
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Patrick White: I understand and my point about “Occupational Licenses” is not lost
... you have the same issue with the County’s Staff. And the whole idea is ... the
reason why we are all on this Board is – and I speak for myself – is always to
improve the processes. Sometimes it just takes an experience like you’ve had to
illuminate an opportunity to do things better – there always is. And, so, as long as we
continue to do that ...
Chairman Lantz: Isn’t that one of the reasons why they changed the name from
“Occupational License” to “Business Tax?”
Patrick White: It helps but people still use ...
Terry Jerulle: When did you find this out ... that you do not have your licenses?
Roberto Kindelan: I don’t know ... maybe a month or so ago.
Terry Jerulle: So, in the last month, you could have taken the tests – within a week,
you could take the tests and have your license back.
Roberto Kindelan: Yes, that’s correct.
Terry Jerulle: I’m sorry – I’m just frustrated that you’re here ... and it may not be
all your fault. Directing his question to Staff: Why didn’t somebody explain to him
that he could have taken the tests four weeks ago and he wouldn’t have to be here?
Roberto Kindelan: It was.
Terry Jerulle: In the last month, have you been working for the County without a
license?
Roberto Kindelan: Yes.
Terry Jerulle: See – see ... that’s just frustrating to me. If I’m on a jobsite and the
County comes and says, “you don’t have a license,” ... the County is going to shut me
down. Why didn’t somebody explain to him that he had to take the test? He
wouldn’t be here.
Roberto Kindelan: It was explained to me that I could take the test, but I sort of
interpreted that it would be better to come and explain what we did to you guys ... I
just assumed it was better to not sort of hide it. You know ... to me, it was much
more up front to go through this process.
Terry Jerulle: I completely appreciate your honesty and professionalism. If you
ever looked back at the meeting minutes from the last couple of years, you would
have found out that I am one of the biggest advocates of taking the test.
Roberto Kindelan: Yes, okay, I know now.
Terry Jerulle: I’m bringing up stuff – as I am right now – so I don’t know why
somebody would tell you to come here when you could have taken the test a month
ago and be done.
Patrick White: Because it’s a lawful action, that’s why.
Terry Jerulle: I understand.
Patrick White: And it’s within our purview to grant it or not ... and although I
understand that it may be more expeditious ... it may be something that reduces the
risk for the person coming before us ... but had he not, it wouldn’t have illuminated
the opening in the regulatory fabric and we wouldn’t have had the opportunity –
based on the Applicant being so forthright – to hopefully address the situation with
the County and tighten things up. So, there’s always two sides to it.
Richard Joslin: How does an unlicensed contractor working on a job who has
an employee who gets hurt ... if he has insurance, would the insurance company
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pay the claim?
Patrick White: I don’t know.
Vice Chairman Nolton: Every insurance company reviews its claims differently.
Richard Joslin: I’m talking about working in the center of roadways and ...
Roberto Kindelan: I’ve never had an insurance company ever ask for a copy of our
license – never.
Richard Joslin: I just wondered.
Roberto Kindelan: They’ve never asked us – we have injuries all the time and our
Workers’ Comp insurance pays.
Jeb Schneck, Esquire, Attorney for the Board: Mr. Chairman, this may clarify the
situation a little bit. Generally, roadway work ... in the State or the County’s right-of
way ... the work that is being done, and I believe it includes landscaping, is exempt
from licensure under Chapter 489 and that may be why this wasn’t picked up when
his contracts were being renewed. That’s potentially what the disconnect is.
Patrick White: It goes to the larger issues of sovereign immunity and why it is that
the State ... through the lobbying of local governments ... has effectively sought to
insulate the local jurisdictions from liability. There are competing public policy
reasons why we have those kinds of laws.
Roberto Kindelan: There are lots of exemptions for pest control for which we
maintain a State license ... to have the license regardless of whether it’s exempt or
not. We’ve done that from Day One.
Chairman Lantz: What you’re saying is – technically – he wasn’t at fault doing
work for the County and the medians because he didn’t ... it’s not like he was
working without a license because he didn’t need a license?
Attorney Schneck: I can’t say for certain because each municipality has its own
requirements. But it was my experience when I worked for a local government that
there generally weren’t any specific licensure requirements when it came to roadway
work. Now, could a county or a local government add that as an additional layer in
their bidding requirements, sure. But, generally speaking, it’s not required.
Chairman Lantz: I’m not talking about bidding – I’m talking about from our
perspective. He was working the roadway – he wasn’t doing unlicensed work –
correct?
Attorney Schneck: Correct. In the handout, Section 49-103, subsection (1), states
that exemption. The only thing I would want to check is the Florida DOT’s rule that
defines “services incidental thereto ...” to make sure that landscaping and irrigation
work fits within that definition ... I think it does, but I would like to confirm that.
Chairman Lantz: He made that argument that he technically didn’t need a license
but that he wanted to have it.
Attorney Schneck: Yes.
Patrick White: And it doesn’t preclude the issue of what the County may choose to
do under your contract with them relative to compensation. Even if it’s weren’t
required by state law, the contract may require it.
Roberto Kindelan: I understand.
Patrick White: Okay. And there’s a general boilerplate provision which usually
does.
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Roberto Kindelan: Okay. I just want to repeat again, I could have taken the test ...
Patrick White: Sure.
Roberto Kindelan: ... and easily passed it without a problem, but I thought that was
sort of sweeping the problem under the rug to make it go away without ... to be 100%
transparent regardless of whatever the limitations it had ... we made the mistake and
we have to deal with it.
Chairman Lantz: Does anyone want to make a motion?
Patrick White moved to approve both the request to waive the test requirement and
the name change application of Roberto Kindelan. Vice Chairman Matthew
Nolton offered a Second in support of the motion.
Discussion:
• Patrick White: I understand if there are potentially any votes against the
motion but, in my perspective – just balancing the equities – I’d rather have
the benefit of what we’ve discussed and learned today than to have it pass by
without.
• Richard Joslin: Considering that we’ve been told that he didn’t really need a
license to do the work for the County that he has been doing, then I don’t see
any reason why not. He hasn’t broken the law for what he’s been doing – not
for what he might do – but for what he has been doing. I do go along with
Mr. Jerulle about having him take the test. Since 1999, are there things that he
could have learned from the test that he would take that could help him?
• Roberto Kindelan: Possibly from the landscaping side. From the pest
control side, I do Continuing Education and that’s far more critical than the
landscaping part. I have attended classes at the Ag Center for Continuing
Education credits for pest control that has to do with landscaping, but I don’t
know what I would learn from the test versus landscaping and irrigation
compared to 1999.
• Chairman Lantz: There were changes to the Business and Law exam.
• Richard Joslin: Your experience is not in question ... just the rules and terms
that may have changed.
• Terry Jerulle: Just to be on the record, I would be in favor of giving you a
temporary license contingent upon your taking the test.
• Roberto Kindelan: I don’t have a problem with that.
Chairman Lantz: Let’s take a vote. If the motion fails, we can move on.
Chairman Lantz called for a vote on the motion.
Motion carried, the vote was 3 – “Yes,”/2 – “No.” Mr. Jerulle and Mr. Joslin were
opposed.
Vice Chairman Nolton commented: Mr. White made a good point about bringing
this to light, but I am assuming that they do work for other people than just the
government which would mean they are doing work without a license so I would
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think the County’s most expedient way to get it corrected would have been to
recommend that he take the test immediately.
Everildo Ybaceta: For the record, we do tell all our customers – contractors who are
in this situation – it’s easier and faster to take the test. We do state they could apply,
take the test, and be done within a week to ten days. These options are always
explained to them. It’s up to them to decide which option to take: (a) take the test, or
(b) appear before the Board.
Patrick White: Just from my perspective going forward: a suggestion about what
they may get as relief coming here instead of taking the exam (and passing) – going
forward, I am going to be far more inclined to consider the option of issuing a
conditional license, conditioned upon passing within “x” number of days or weeks.
So, what the County should be telling someone in this situation is that although in the
past the Board may have been a bit more willing to consider and grant the waiver,
now the Board will issue a conditional license – which means the contractor will need
to take the exam anyway. I am going to be more inclined to offering that as an
option.
Everildo Ybaceta: We can definitely do that.
Chairman Lantz: All right. Ready to move on.
C. Patrick Purnell: Application for Reinstatement of License and Request to Waive
Exam(s)
(d/b/a “Clear Choice Shutter, Inc.”)
Lilla Davis provided background information:
• The Applicant has applied to reinstate his Glass and Glazing Contractor’s
License
• His license was cancelled in 2013 for non-renewal
• He has requested to apply the scores from the exams he took in 2007 in Lee
County
o Business and Law – 94% (Test date: May 2, 2007)
o Glazing Trade test – 84% (Test date: September 19, 2007)
• He is an active Certified Building Contractor with the State and County
• He wants to reinstate the Glass and Glazing Contractor’s License to be able to
work on commercial buildings
Vice Chairman Nolton: We’ve seen you here before – right?
Patrick Purnell: Yes, at your last meeting, sir.
Chairman Lantz: The last time we saw you, was it for Glass and Glazing or
Hurricane Protection?
Patrick Purnell: It was for Hurricane Protection – we want to install windows, and
in the application the last time around, we went for the Hurricane Protection and not
the Glass and Glazing. You waived my taking the examination for the hurricane
protection and I’m hoping you will do the same thing again for the Glass/Glazing.
My wife went down to the County to pay whatever we had to pay so we could to
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continue to install windows in high-rises, but it wasn’t allowed because this part of it
wasn’t approved.
Chairman Lantz: So, the Hurricane Protection is just shutters, and not impact
resistant windows?
Everildo Ybaceta: Correct.
Patrick Purnell: Again, my negligence in not reviewing the application before it
was submitted the last time.
Chairman Lantz: In the past, you had a Hurricane Protection and Glass/Glazing or
...?
Patrick Purnell: Both, yes.
Chairman Lantz: And then you got your Certified Building Contractor’s License?
Patrick Purnell: Yes. And then the County started enforcing – as it was explained
at the last meeting – that to work over three floors, we had to have the Glass/Glazing
License where, previously, all they required was the CBC and that was fine. I let the
Glass/Glazing expire because I didn’t need it.
Chairman Lantz: Any questions from the Board?
Patrick White: Mr. Chairman, I am just understanding that this is more than just
Business and Law exam waiver. There is also a substance and scope of work.
Chairman Lantz: Well, it says Waiver of Exams so I would assume there is a
Business and Law and a Glass/Glazing exam. Is that correct?
Everildo Ybaceta: He has his Business and Law already and that is still in effect ...
Patrick White: From Lee County.
Everildo Ybaceta: Yes. But his Glass/Glazing is the one that needs to be updated.
Chairman Lantz: Regardless, he would not need to take the Business and Law?
Everildo Ybaceta: No.
Chairman Lantz: If we deny him, the only thing he needs to take is the Glass and
Glazing trade test.
Patrick White: And when was that taken, sir?
Patrick Purnell: In 2007.
Patrick White: Okay – the same as the Business and Law.
Chairman Lantz: And when did you take the Building Contractor exam?
Patrick Purnell: In 2001.
The Board questioned when the last changes were made to the licenses ... Terry
Jerulle asked if it was in 2010 and Vice Chairman Nolton stated several changes have
been made since 2007 including wind pressures and wind calculations.
Patrick Purnell: In my Continuing Education for by Certified Building Contractor’s
License (“CBC”), we have reviewed the hurricane window protection many times.
That’s always a subject in course.
Chairman Lantz: Since we have a professional engineer here (Vice Chair Nolton),
I’ll ask him the question: If I were installing windows on a two-story building and if
I were installing windows on a three-story building, what would be the difference?
Vice Chairman Nolton: Well, with windows and impact, there’s a height restriction
but the question of calculations is all the same process. So, it doesn’t matter – it’s not
the elevation calculation that changes ... it’s the pressure.
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Chairman Lantz: But a window installer is not allowed to determine the wind
pressures if it’s over three stories – right?
Vice Chairman Nolton: He needs to have an engineering report that says the wind
pressures are on the plans.
Patrick Purnell: Right. And we install the windows per the engineer – which is the
first thing the Inspector asks for.
Vice Chairman Nolton: He has engineering that says what the wind pressures are
and then he has NOA for the windows. It’s the Building Department that says if they
meet.
Chairman Lantz: So, what is the difference between installing as a Contractor for a
two or three or four-story building? Is there – obviously, there are differences from
an Engineer’s perspective but that doesn’t pertain to him [indicating Mr. Purnell].
Vice Chairman Nolton: The reason why he got tied up is because he’s a Certified
Building Contractor and can’t work on buildings ...
Chairman Lantz: I understand ... a CBC can’t do structural work. But what I’m
saying as a practical aspect, is there a difference if he’s doing windows in a two-story
building versus a three-story building?
Vice Chairman Nolton: No.
Chairman Lantz: So, what you’re saying as a Professional Engineer or what I’m
interpreting as your saying, is it’s not much of a difference from an installer’s
standpoint if he is working on a two-story or three-story building ...
Patrick White: The fastening hardware will have to comply with whatever the NOA
...
Chairman Lantz: ... because the difference in the windows is the Engineer’s
perspective and not the installer’s?
Vice Chairman Nolton: The difference would be that you may need more
scaffolding or more staging if you were doing it from the outside for a four-story or
less structure. There is a difference in how you’re working. Once you get up and you
get into storefronts, it changes tremendously compared to a typical window.
Terry Jerulle: If he’s licensed, he can do windows and storefronts if ...
Vice Chairman Nolton: With a Glass and Glazing ... yes.
Richard Joslin: But only up to three stores – correct?
Vice Chairman Nolton: Once he has this license, he can do any structure.
Richard Joslin: What would the difference be in doing a three-story home versus as
24-story building?
Vice Chairman Nolton: It’s all up to the Engineer ... and the equipment that will
meet those pressures – the installation becomes more technical and complicated when
you start to do a storefront.
Patrick Purnell: You install per the Engineer regardless of where you are standing
on the ground or on a scaffold twenty-four stories up.
Vice Chairman Nolton: Have you ever been on a scaffold twenty-four stories up?
Patrick Purnell: No – absolutely not! (laughing)
Chairman Lantz: So, we already gave him – last month – was it last month?
Patrick Purnell: At the last meeting...
Chairman Lantz: At the last meeting, we gave him approval for the shutters. Now
we’re adding the windows which, in my mind, is no different. Does anyone disagree?
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Terry Jerulle: I think there’s a big difference between a shutter and a window. A
shutter is protection and a window is structural and moisture. Mr. Purnell, you know
how I feel. I don’t mind giving you a conditional license. I just think everybody
should take the test if they haven’t taken it in the last year or two. It’s been a while so
... those are my feeling. I think you’re a good guy and a professional from what I
know but those are my feelings.
Patrick Purnell: The only reason why I haven’t taken the test is because of this new
way of enforcing the Code. Obviously, I would have no problem taking the test, but I
already did it and now the County says, “that doesn’t work anymore.” But it does and
I already took the test but if you want me to take the test – I’ll take the test.
Terry Jerulle: But, in the meantime, I don’t mind giving you a conditional license.
Patrick Purnell: I appreciate that.
Patrick White moved to approve granting the Applicant’s request to waive the exam
testing requirement.
Richard Joslin: Without a condition?
Patrick White: No condition.
Chairman Lantz: Is there a Second? (There was no response.)
Chairman Lantz offered a Second in support of the motion.
There was no discussion.
Chairman Lantz called for a vote on the motion.
Motion carried, the vote was 3 – “Yes”/2 – “No.” Mr. Jerulle and Mr. Nolton were
opposed.
Vice Chairman Nolton commented: Everybody who comes here has messed up
somehow or has made a mistake, or whatever, and they’re trying to do it without
taking the test. My general feeling is – go take the test. If you messed up, don’t
come here asking for a special dispensation – go take the test.
Chairman Lantz: I think I would have done the exact same thing that he did. If I
started off with a Glass and Glazing License and a Hurricane Protection License and
then I upgraded to a Certified Building Contractor’s License, of course I’d get rid of
those two licenses because I didn’t need them. In the past, as a Building Contractor, I
could do windows and shutters all the time. But I think he’s a separate story – I think
he got caught in the system. If I were in his shoes, I would have done the same thing.
Vice Chairman Nolton: Again, I was not speaking directly to him ... I’m saying
that, in general, that most people who come before us is because they have messed up
somewhere. I agree, his situation is kind of unique because the State is enforcing the
Code a little differently than the County is enforcing the Code.
Chairman Lantz: Is it like this is all counties?
Patrick Purnell: I usually don’t have a problem with the administration – the
permitting and all that ... I haven’t had a problem ...
Chairman Lantz: Have the other counties determined that windows and shutters
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are structural as well?
Patrick Purnell: This is the first time that it’s ever come up.
Vice Chairman Nolton: The facts are the Code has determined they are structural –
whether other jurisdictions have enforced it or not – they should be because the
State’s Building Code has decided that windows and shutters are part of the structure.
Patrick White: So, if you have similar problems concerning licensure in other
jurisdictions where you might want to work, just make sure that you’re covered with
the proper license types.
Vice Chairman Nolton: It’s not a new distinction – it’s been there for a while. It’s
been decided that because of where we are and that we have hurricanes, if the exterior
gets penetrated, you have big problems. The State has now decided they are part of
the structural components of a building and we don’t want buildings to be penetrated.
Patrick White: If you lose the glazing – it’s just like any penetration. Now the
pressure differentials are insane – you can either collapse or blow up the building.
D. Travis Bullock: Application to Qualify Second Entity
(Currently Qualified: d/b/a “Southwest Tile Techs, Inc.”
Proposed Second Entity: d/b/a “Travis Tile and Marble, LLC”)
Lilla Davis provided background information:
• The Applicant has applied to Qualify a Second Entity;
• He currently is a licensed Tile and Marble Contractor in Collier County;
• His license is active and in good standing since 2004.
Chairman Lantz questioned the Applicant:
Q. You already have a tile business that you set up with your partner – right?
A. Yes.
Q. Your current partner doesn’t want to do as much work as you want to do?
A. Right.
Q. And do you now want to go off and work on your own?
A. Yeah – I have a company of my own.
Q. And are you still going to be partners with your current partner?
A. Yes.
Q. And so, if a customer calls you asking for a tile floor to be installed, are you going
to do it with Travis Tile or with Southwest Tile Techs?
A. I’m going to find my own jobs and my own people. My partner now has built up
relationships clients over the years who he personally deals with – like, recurring
usually. I’m going to find my own and not do anything with the clients that he
has.
Q. So, you’re going to be qualifying a business that you’re not really working in with
anyone? Any new jobs will be under Travis Tile and Marble?
A. I’m still going to be working with the current one [Southwest Tile Techs], but he
doesn’t take on a lot of jobs now. He used to do a lot of the physical work but
he’s not able to anymore. So, he takes care of the office work and getting clients
– stuff like that. He only takes on a certain amount of work. I don’t have enough
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work, working with him. So, I can continue to work with him at that same
workload and be able to do more on my own.
Vice Chairman Nolton questioned the Applicant:
Q. What are your current responsibilities with your existing company?
A. Mostly doing the physical installations and supervising the jobs.
Q. How many employees do you have?
A. One.
Q. The two owners and one?
A. Yes.
Richard Joslin questioned the Applicant:
Q. Wouldn’t it be easier to add more employees and you could take on more
responsibilities so you would make more money? Or do you want to separate the
money, too?
A. My partner doesn’t want to take on the extra responsibilities. He’s got enough.
Q. If there’s only one – is it you and another employee who actually do the work?
A. Yes.
Q. That one employee who is left is going to do the work that he [the partner] has
and you’re going to do whatever you have going on – if you have two separate
jobs – how are you going to split yourself to get both jobs done?
A. I’m going to be working with the current company as I am now and then I’m
going to be going to do other stuff on my own.
Q. What if you have two houses that both must be done at the same time with one
person only?
A. We’ll have to figure that out with scheduling. The one employee is not going to
work for both companies. He’s still only going to work for the current company.
Chairman Lantz questioned the Applicant:
Q. Is he also a tile setter or operator?
A. Yes – he’s an installer.
Vice Chairman Nolton questioned the Applicant:
Q. Does the current company use outside workforce besides the one?
A. No.
Chairman Lantz questioned the Applicant:
Q. Do you plan on using outside workforce in the new company?
A. Eventually. For at least the first year or so, it’s just going to be me trying to get
jobs and build a customer base.
Vice Chairman Nolton questioned the Applicant:
Q. It sounds as if your partner is in the twilight of his career and is slowing down.
Have you have had any conversations about you buying more or taking over his
business?
A. No. There have been conversations, but they go nowhere ... so ...
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Patrick White questioned the Applicant:
Q. So, he is eventually going to dissolve his business – is that your understanding?
A. He’s eventually going to retire but ...
Q. And when he does, what are you going to do relative to qualifying that business?
A. He’ll probably just dissolve it at that point.
Q. Okay.
Vice Chairman Nolton questioned the Applicant:
Q. So, he’s not licensed – and he couldn’t qualify it?
A. Yes. I qualified it fifteen years ago for him.
Q. How can you start a new business but need someone else to qualify it for you?
Terry Jerulle questioned the Applicant:
Q. Is this your only job right now?
A. Is what ...?
Q. Your employment? Do you have any other employment besides Southwest Tile
Techs that you own 10% of?
A. That’s my only employment right now.
Q. So, you only get paid by the current tile company?
A. Yes.
Q. You don’t work anywhere else or do anything else?
A. I sell some things online ... but that’s not making any money right now.
Richard Joslin questioned the Applicant:
Q. How are you paid? By salary?
A. Yes.
Q. By the job?
A. It’s a percentage.
Q. Is that the reason why you want to separate because the percentage isn’t high
enough and you’re not making enough money?
A. Yes, and there’s not enough work being provided by the way he wants to do
things.
Chairman Lantz questioned the Applicant:
Q. How many hours a week would you say you work right now?
A. Average – probably would be about thirty.
Q. And how many do you want to work?
A. Probably about sixty.
Terry Jerulle questioned the Applicant:
Q. Does he know you’re going to qualify another entity?
A. Yes.
Chairman Lantz questioned the Applicant:
Q. So, when you get your own entity – you’re still going to be his installer?
A. Yes.
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Q. Are you going to be on Southwest Tile’s payroll or is he going to sub-out to
Travis tile?
A. He’s not going to sub-out to Travis Tile. I’ll work on jobs for Southwest and get
paid for it. Travis Tile will be separate.
Q. Who buys the materials – Thinset, tile, grout?
A. For the current company?
Q. Yes.
A. It depends on the job.
Q. Are you guys typically supplying tile and setting material or are you guy strictly
labor?
A. The company provides the Thinset and tile.
Q. The company being Southwest or the company being whoever hires Southwest?
A. Southwest Tile. And then sometimes if we’re working for a builder, they will
supply the materials.
Q. Southwest Tile’s typical client base is ...? Do you deal with contractors or
homeowners?
A. Small homeowners and residential stuff.
Patrick White questioned the Applicant:
Q. I’m confused. You’re saying the bulk of the business that Southwest does is with
small homeowners or with smaller builders of homes?
A. It’s homeowners mainly – the personal relationships that he built up with people
over the last thirty years or so. He has his small client base who refer jobs and
then every once-in-a-while, he’ll get a word of mouth job that comes in. It’s not
really from builders or construction work.
Chairman Lantz questioned the Applicant:
Q. Do you guys typically supply the materials – like tile or stone – or do the
homeowners go to a tile store and buy it?
A. It’s a little of both.
Vice Chairman Nolton questioned the Applicant:
Q. Do you anticipate being involved with both companies for a long period or do you
anticipate starting this new company and eventually transitioning to just that
company?
A. Eventually when he retires which will probably be within the next three or four
years, I think I’ll be transitioned completely to Travis Tile and Marble.
Patrick White: questioned the Applicant:
Q. Because there won’t be a Southwest?
A. Yes. I don’t plan on continuing with Southwest after that point.
Q. I don’t know that it’s “your” decision ... is it ... as a ten percent owner?
A. Yes. I could talk to him about it and work something out but, eventually, I just
want to go to Travis Tile and Marble.
Chairman Lantz questioned the Applicant:
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Q. How do you guys handle Workers’ Comp? Do you have a policy? Do you work
on an exemption?
A. Me and my current partner are exempt, and our employee is on a policy.
Vice Chairman Nolton questioned the Applicant:
Q. It sounds as if the new company is going to do the same kind of work as the
existing company. Once you have qualified both companies, there’s nothing to
prevent both companies from bidding on the same work.
A. In the new company, I plan on working more for builders and designers and stuff
like that, and not interfering with any of the clients who my current partner has.
Richard Joslin questioned the Applicant:
Q. I think I understand what you think you want to do but if you get busy, how are
you going to handle both companies? If you want to work 60 hours a week
through your new business, how are you going to help your other business do his
work, too, if there’s only one other employee? Do you think he will find someone
else to take your place so you can do what you want to do?
A. In the beginning, I’m not planning on taking on any big projects – probably at
least for the first year or so until I build up some capital. After that, I will try to
get some employees and grow.
Patrick White questioned the Applicant:
Q. But ... as a Qualifier of both entities ... do you feel you would be able to supervise
and appropriately direct all the employees and keep an eye on all the jobs?
A. Yes.
Q. I think – if I understood him correctly – he said he wanted to work 60 hours a
week – not 60 hours on the new one and 30 on the old? Correct?
Vice Chairman Nolton: This is a tough one for me. It sounds as if you have a job
right now and you want to grow and advance and generate more income. But you
need an income right now in your life while you’re trying to step out and start a new
company. If you had the financial backing, you go just start the new company and
not license two companies to build your business. It sounds as if that’s what’s going
on here.
Travis Bullock: Yes, and I also don’t want to leave my current partner with no
Qualifier and no source of income, too.
Vice Chairman Nolton: I understand.
Richard Joslin: Probably because of all the years that you’ve known him and been
together – right?
Travis Bullock: Yeah – I’ve been working with him for over twenty years.
Chairman Lantz: Any other questions or discussion from the Board?
Patrick White: If I may, Mr. Chairman? Again, it’s a circumstance to me where
I’m evaluating the credibility of this Applicant and his specific answers to how he’s
anticipating two businesses operating – going forward – and knowing that if I vote to
approve, I’m putting a degree of trust in what has been said today with an
understanding that – strictly from a government regulation perspective – there are
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issues of potential abuse where there’s not much in terms of enforcement other than a
complaint from a customer. But I sit in this seat knowing that every time we consider
a matter whether its for licensure or for discipline, there’s got to be a balance of what
I call “equities and fundamental fairness.” In this instance, to me, I intend to make a
motion for approval. I understand the competing perspectives and I think that in this
instance, I lean more toward what this gentleman has indicated are the parameters
he’s going to operate both businesses under and it seems to fit with what are the facts
and the future. For me, I’m comfortable with that. There’s a minimum of risk to a
homeowner because he’s not going to be “robbing Peter to pay Paul” – expected to be
in too many places at the same time. I don’t think that’s going to happen.
Chairman Lantz: So, do you want to make a motion?
Patrick White moved to approve the application to qualify a Second Entity by
Travis Bullock.
Terry Jerulle: Before anyone makes a Second – Travis are you aware of Southwest
Tile has ever been fined by the County?
Travis Bullock: I don’t think it has.
Terry Jerulle: Is Staff aware of any?
Everildo Ybaceta: Not that I am aware of – no.
Lilla Davis: I did some research and there are no complaints in the system.
Patrick White: For Collier County?
Lilla Davis: That’s correct.
Richard Joslin: It sounds to me as if he’s well established in the business that he
does with the man he’s working for now. And I don’t think he’s going to get busy – I
think he’s going to do this on a slow basis because of the way he’s talking, so I’m
going to take him on principle and believe in what he says.
Richard Joslin offered a Second in support of the motion.
Chairman Lantz: Any discussion? I admire someone with a job who wants to do
better.
Chairman Lantz called for a vote on the motion.
Carried unanimously, 5 – 0.
Chairman Lantz advised Mr. Bullock to contact the Licensing Office.
RECESSED at 10:35 AM
RECONVENED at 10:45 AM
Chairman Lantz called the meeting to order.
9. OLD BUSINESS:
(None)
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10. PUBLIC HEARING:
A. Case #2019 – 06: Collier County Board of County Commissioners, Plaintiff, vs.
Michael J. Marchetti, Respondent, d/b/a “Bonita Springs Plumbing & Gas, Inc.,”
License Number CFC056830 and Collier County Registered Contractor
(C23293) – Misconduct of State-Certified Contractor
Chairman Lantz called Michael J. Marchetti to the podium, but he was not present.
Patrick White asked if an agent was present to represent Mr. Marchetti but there was
no response.
Chairman Lantz outlined the process to be followed for the Public Hearing:
1. This Hearing will be conducted pursuant to the procedures set forth in Collier
County Ordinance #90-105, as amended, and Florida Statutes Chapter 49.
2. The Hearing is quasi-judicial in nature and the Formal Rules of Evidence will not
apply.
3. Fundamental fairness and due process shall be observed and shall govern the
proceeding.
4. Irrelevant, immaterial, or inconclusive evidence shall be excluded but all other
evidence of the 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 Florida.
5. 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 or objected to in civil actions in Court.
6. The Rules of Procedure shall be effective to the same extent that they would now
be hereafter recognized in civil actions.
7. The general purpose of the proceeding is for the County to set out its Opening
Statement which details its charges against the Respondent.
8. A Respondent may or may not make his/her Opening Statement setting out in
general terms the defenses to the charges.
9. The County then presents its Case in Chief, calling witnesses and presenting
evidence.
10. The Respondent may cross-examine these witnesses.
11. Once the County has closed its Case in Chief, the Respondent may present his/her
defense and may call witnesses, and do all the things described earlier, i.e., to call
and examine witnesses, to introduce exhibits, to cross-examine witnesses and
impeach any witness regardless of which party called the witness to testify, and to
rebut any evidence presented against the party.
12. After the Respondent has presented his/her case, the County may present a
rebuttal to the Respondent’s presentation.
13. When the rebuttal is concluded, each party may present its Closing Statement.
14. The County will have a further opportunity to rebut after the Respondent’s
Closing Statement.
15. The Board will then close the Public Hearing and will begin its deliberations.
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16. Prior to the beginning of any deliberation, the Attorney for the Board will give the
Charge which is similar to the Charge for a Jury, setting out the parameters upon
which the Board may base its decision.
17. During deliberations, the Board can ask for additional information and
clarification from the parties.
18. The Board will then decide two different issues:
a. First, whether the Respondent is guilty of the offenses as charged in the
Administrative Complaint and a vote will be taken on that matter;
b. If the Respondent has been found guilty, then the Board must decide upon
the Sanctions to be imposed.
The Board’s attorney will advise the Board as to the Sanctions which may be
imposed and the factors to be considered. The Board will discuss the Sanctions
and take another vote.
19. After the two matters have been decided, the Chair (or in his/her absence, the
Vice Chair) will read a Summary of the Order to be issued by the Board. The
Summery will set forth a basic outline of the Order, but it may not be the same
language in the Final Order.
20. The Final Order will include the full details that apply under state law.
Chairman Lantz called for a motion to open the Public Hearing.
Terry Jerulle moved to approve opening the Public Hearing in Case #2019 – 06:
Collier County Board of County Commissioners, Plaintiff, vs. Michael J.
Marchetti, Respondent, d/b/a “Bonita Springs Plumbing & Gas, Inc.,” License
Number CFC056830 and Collier County Registered Contractor (C23293) –
Misconduct of State-Certified Contractor. Richard Joslin offered a Second in
support of the motion. Carried unanimously, 5 – 0.
Patrick White moved to introduce the County’s information packet in Case #2019-
06 into evidence as County’s Exhibit “A.” Richard Joslin offered a Second in
support of the motion. Carried unanimously, 5 – 0.
Chairman Lantz asked if a representative was present on behalf of Mr. Marchetti.
Everildo Ybaceta: There is none.
Chairman Lantz asked if the Respondent had been given proper notice and asked
Staff to provide details of said notice.
Everildo Ybaceta: We published the Notice of Hearing in the Naples Daily News
for four successive weeks after several attempts to obtain personal service by
delivering the Notice via certified mail.
Patrick White: And the mailed and personal service failed?
Everildo Ybaceta: Yes, correct.
Richard Joslin: Was it sent to the business address?
Everildo Ybaceta: Yes, it was. And we’ve also tried personal service at the
business address.
Patrick White: I note, for the record, that the County has the green cards from the
US Postal Service verifying that attempts were made to also serve the property owner.
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Everildo Ybaceta: One was sent to the owner of the property and one was sent to
Mr. Marchetti.
Chairman Lantz: Mr. Schneck, please confirm that you happy with the effort made
by the County.
Attorney Schneck: Yes, I find that it was sufficient for notice.
Michael P. Bogert, Collier County Contractor Licensing Compliance Officer,
presented the County’s Opening Statement:
• The Respondent, Michael Marchetti, a State-certified Plumbing Contractor, is
the holder of License Number COC-056830.
• He is the Qualifier for and owner of Bonita Springs Plumbing & Gas, Inc.
• Mr. Marchetti installed a plumbing drain hook-up for a bathtub change out at
1155 Sandpiper Street, Unit D-4, a condominium, without first securing a
permit.
• Mr. Marchetti is in violation of Collier County Ordinance $2006-46, as
amended, Section 4.2.2 – Misconduct of a State-Certified Contractor which
states: “Willfully violating the applicable Building Codes or laws of the State,
city, or Collier County,” and commencing work prior to the issuance of a
building permit in violation of State of Florida Building Code 105.1.
• July 16, 2019: Received a written complaint from property owner, Hari K.
Khalsa, 1155 Sandpiper Street, Unit D-4, Naples, Florida, regarding an un-
permitted plumbing drain hook-up for a bathtub change out in her
condominium. Ms. Khalsa filed the complaint after receiving a Hearing
Notice from Code Enforcement.
• A Code Enforcement case was opened due to a complaint received in August
2018 when the bathtub remodel flooded the bottom-level condo.
• After some investigation, it was found that a contractor was involved, and the
case was eventually referred to the Contractors’ Licensing Office.
• Compliance Office Joseph Nourse opened the case to investigate further and it
was determined that a handyman, Jonathan Front, and Certified Plumber,
Michael Marchetti, were involved in this job.
• Mr. Front was issued a Citation for $2,000 for Unlicensed General
Contracting (a second offense).
• Ms. Khalsa contracted with Michael Marchetti of Bonita Springs Plumbing
and Gas, Inc. on August 8, 2018 to perform the plumbing line hook-up for
Five Hundred Dollars ($500.00).
• Payment was made by personal check #1042 from Ms. Khalsa to Mr.
Marchetti dated August 8, 2018.
• The bathtub changeout was completed without the application for or issuance
of a permit.
• Multiple attempts were made to contact Mr. Marchetti to apply for the permit,
but no permit has been filed.
• A Notice of Hearing was published on four times in the newspaper to publicly
notify him to the date and time.
• The property owner is here today and would like to speak to the Board.
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Patrick White: Has the Building Official been consulted regarding this matter?
Michael Bogert: Yes – he was conferred with shortly after the Code Enforcement
case was opened and it was deemed that a permit was necessary because it was
commercial, i.e., the condominium.
Patrick White: Did the Building Official express an opinion regarding the violation
was willful?
Michael Bogert: At that time, it was not deemed to be willful but after the contractor
was informed that a permit was needed by Compliance Office Joseph Nourse, Mr.
Marchetti repeatedly ignored the warnings that were provided in person, by telephone
and via email.
Chairman Lantz: And that’s what made it “willful”?
Michael Bogert: Yes.
Patrick White: That’s the County’s position?
Michael Bogert: Yes, sir.
Patrick White: I just wanted that on the record.
The County called Hari Khalsa, the property owner, to testify as a witness.
Ms. Khalsa: Good morning. This has been going on for over a year. My name is
Hari Khalsa and I live at 1155 Sandpiper Street in Apartment D-4. First, before I
start, I’d like to tell you that I’ve had very positive experiences with that building
with Rose, John Johnson, Mr. Ossorio, and Mr. Bogert. They have been very nice to
me. First of all, there was never, ever a leak from the bathtub. My neighbor said that,
and I don’t know why. She had no business saying that and I can bring in the person
who lives below me to tell you that there was no leak. But it brought us to where we
are. Jonathan put in the bathtub – he’s a handyman. He put it in, and he tiled around
it. The new bathtub is slightly larger than the old bathtub that was removed – it’s just
a little bit wider and no pipes were moved in the process. Mr. Marchetti stood by the
sink the entire time that Jonathan was working; he said at one point, “Well, maybe we
should have gotten a permit.” But that’s how it was. I paid him $500 because he was
the plumber, but Jonathan did the work.
Patrick White: When you heard Mr. Marchetti say, “Maybe we should have gotten
a permit,” was it your understanding that he was saying was he knew that a permit
was required and he should have gotten one OR maybe it needs a permit and maybe it
doesn’t?
Ms. Khalsa: He did say at that time – if you ask the people who do this, they will
say that it is not written anywhere that you must have a permit to install a bathtub.
He did say that. And I have asked plumbers (Aztec Plumbing and another company)
and was told a permit was not required to install a bathtub. It turns out you do need a
permit when it’s a condo. I don’t know anything about permits – I just know I have a
bad back and I needed a deep bathtub – that’s what I needed.
Patrick White: Understood. So, to my question?
Ms. Khalsa: No, I didn’t think about it at all.
Patrick White: No, I’m not inquiring as to what you thought, Ma’am. I’m inquiring
only as to what you understood him to be saying. Did you understand him to be
saying he believed a permit was required ...?
Ms. Khalsa: No. He said maybe ... I didn’t even think about it ... don’t think he
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thought about it much. If he had thought that we needed a permit, I would assume
that for $500 that he would have gotten a permit.
Patrick White: Understood. This issue, in my mind, comes down to whether failing
to get a permit was intentional or not.
Ms. Khalsa: I don’t know that. I don’t know what’s in his mind. I do know that
everybody has done everything they can to find this man and he apparently had gotten
a review recently to say something about his work – he’s here. He’s in Naples – he’s
in the area. And they’ve gone to four different places to try to find him and he just
can’t be found. So, I can tell you that he seems though he’s not a reliable person.
Patrick White: And as far as having a contract with him ...
Ms. Khalsa: I didn’t have a contract with him.
Patrick White: ... you didn’t have a written contract, I understand that. When you
discussed the Scope of Work – the job he was going to do for you – was there any
discussion about getting a permit or not?
Ms. Khalsa: No. And I didn’t ...
Patrick White: What was your understanding about the permit?
Ms. Khalsa: Jonathan was putting in the bathtub and this guy came because he’s the
plumber and you had to have a plumber because of his license. That’s all.
Chairman Lantz: Who found him – you?
Ms. Khalsa: No, Jonathan found him.
Chairman Lantz: Who is he?
Ms. Khalsa: Jonathan Front is a handyman who put in the bathtub and tiled around it
– he took out the old one ... and Mike just stood there.
Patrick White: Was he supervising the job?
Ms. Khalsa: Theoretically.
Patrick White: Okay. We’re trying to ...
Ms. Khalsa: Pin down ...
Patrick White: ... the record, here. And from what I understand, you expected that
if a permit was required, the licensed plumber would know that or not, and if one was
required, he would have obtained it. Yes or no?
Ms. Khalsa: Yes.
Patrick White: Thank you, Ma’am.
Michael Bogert: If I may add? Joe Nourse was the Compliance Officer and his
notes, dated 09/20/2018, stated that he did contact Michael Marchetti who said he did
the plumbing hook-up for the bathtub drain changeout. Mr. Marchetti also stated he
contracted with the owner. When asked about the permitted, he stated it was not
required.
Ms. Khalsa: I’m sorry – I missed something.
Michael Bogert: Just that he also contracted with you for the $500 to do it.
Ms. Khalsa: I paid him $500 but there was no contract that I know of.
Patrick White: Ma’am, you had an oral contract with him.
Ms. Khalsa: Okay.
Chairman Lantz: So, this job – this is a multi-family low rise?
Ms. Khalsa: It’s a two-story and I’m on the top.
4.A.1
Packet Pg. 34 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
32
Chairman Lantz: And there’s somebody underneath?
Michael Bogert: Yes.
Chairman Lantz: So, all the plumbing connections are done either through the fire
wall and there are some fire stopping issues, or they are done underneath, and they
cut out the ceiling underneath and there would probably still be some fire wall
business – correct?
Patrick White: Through the floor.
Chairman Lantz: The fire wall being the floor separating the two units which would
be a tin separation wall.
Michael Bogert: I couldn’t speak to that. When I spoke to the Chief Building
Official, Mr. Walsh, he stated it was due to the plumbing hook-ups under the tub. I’m
not familiar with the fire wall.
Chairman Lantz: My question is: Could a plumber get a permit for a tub changeout
in a commercial building knowing that the fire wall is going to be modified as a
plumber or do you have to be a General Contractor or a Building Contractor to do
that?
Everildo Ybaceta: Based on the Scope of Work, a plumber would have been able to
do it, yes.
Chairman Lantz: Okay – you don’t have to be a GC or a Building Contractor to
pull that permit?
Everildo Ybaceta: No. Since it was a single trade, a plumber could do it.
Chairman Lantz: Okay. So, then would there be a fire stopping issues and would a
plumber be allowed to do that or sub it out?
Everildo Ybaceta: They would have been requested in the permit for those issues to
have been done ... yes ... or corrected.
Patrick White: There’s the assumption that the connection is on her unit’s side of
the separation and it doesn’t require modification where the fire-stopping or the
piping would be.
Everildo Ybaceta: That would have been the Fire Review – for all commercial
permits, a Fire Review is always done. Since this would have been a commercial
permit, they would have reviewed it and stated something to that effect.
Vice Chairman Nolton: There’s a fine, distinct difference here. One is they know
they’re going to have to modify the floor – remove it – and they’ll have to permit it
that way and that’s when you come into other trades. And if you’re just changing out
a tub and you put that there’s no modifications to those connections, then the County
would assume that no modifications were being done. But the County would expect,
and would be able to see if there were, because it happens all the time where
somebody does after the fact, and that’s where the inspections come in. She would
need just a plumber otherwise.
Chairman Lantz: I’ve done la lot of tub changeouts. From my experience, I’ve
never had one where I didn’t have a slab repair inspection and a fire stop inspection.
I mean, I’m not complaining that I had those inspections, but they wouldn’t apply to a
plumbing permit – they would apply to a Building or General Contractor permit.
That’s why I was asking – because as soon as I mentioned tub on my permit
application, it’s like – okay, slab repair – and all this other stuff pops up whether I
planned on doing it or not.
4.A.1
Packet Pg. 35 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
33
Terry Jerulle: It’s all irrelevant in this case because the plumber was working
without a permit either way.
Chairman Lantz: No, my question is: could a plumber get a permit for this work?
Terry Jerulle: We don’t know that – right? With the evidence that we have at this
point, we don’t know.
Vice Chairman Nolton: Well, I’ve had experiences where I’ve seen they can get
permits.
Terry Jerulle: Without moving the drain.
Michael Bogert: Correct.
Terry Jerulle: If you replace one tub with the same another tub ...
Chairman Lantz: With a wider tub that she ...
Patrick White: The tub may have been wider, but it doesn’t mean that the drain was
moved.
Terry Jerulle: I don’t know that, and I don’t know whether it’s relevant. In my mind
the plumber was working without a permit.
Patrick White: And one was required.
Terry Jerulle: And one was required.
Patrick White: And he was told it was required.
Terry Jerulle: We were told it was a willful violation by the Chief Building Official.
Patrick White: But he refused to get it.
Vice Chairman Nolton: Because I understand there was communication with the
individual in the beginning and it just fell on deaf ears.
Michael Bogert: Correct.
Vice Chairman Nolton: Is this individual still licensed with the State?
Michael Bogert: He is.
Vice Chairman Nolton: Is his business still operating?
Michael Bogert: It is.
Chairman Lantz: Now when I looked him up online, it showed all kinds of licenses.
Is he the same guy who has an expired Building Contractor’s License, an expired
provisional Building Inspector’s License – all those?
Michael Bogert: I have not been able to determine that. When I first researched
him, I did see similar names but based on addresses and other cross-referencing, I
wasn’t able to put the two together.
Patrick White: Does the County have anything further?
Michael Bogert: We do not.
Patrick White moved to approve closing the Public Hearing. Terry Jerulle offered
a Second in support of the motion. Carried unanimously, 5 – 0.
Chairman Lantz: Now we must determine if the Respondent is guilty or not guilty.
Patrick White moved to approve finding the Contractor, Michael Marchetti, guilty
of the violations cited in the Administrative Complaint for Case Number 2019-06.
Terry Jerulle offered a Second in support of the motion.
4.A.1
Packet Pg. 36 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
34
Chairman Lantz asked the members if there was any discussion but there was no
response.
Chairman Lantz called for a vote on the motion. Carried unanimously, 5 – 0.
Chairman Lantz noted the Board must decide upon any Sanctions to be imposed.
He asked Mr. Schneck to advise the Board concerning the Sanctions which may be
imposed and the factors to be considered.
Attorney Schneck: For the penalty phase for a State-certified contractor, as in the
Marchetti case, the Board is limited to denying, suspending, or revoking his permit-
pulling privileges in Collier County or limiting his ability to pull permits under
specific conditions. The second part of the penalty phase is the recommendation that
the Board can sent to the State’s Construction Industry Licensing Board (“CILB”) for
further action.
Chairman Lantz: How many permits does this guy pull in a year in Collier County?
Michael Bogert: He has not applied for any this year. I have only seen two final and
one expired permit where he was the subcontractor.
Chairman Lantz: While it looks good on paper, if we were to revoke his permit-
pulling privileges, it wouldn’t do anything.
Michael Bogert: His license is currently inactive with Collier County due not updating
the documentation for his permit pulling privileges.
Terry Jerulle: So, he doesn’t have a ...
Michael Bogert: It’s not an active Collier County license.
Richard Joslin: How about his State license?
Michael Bogert: That is still active.
Patrick White: Per my understanding, if we do approve revoking his permit pulling
privileges and any other Sanction, that will be referred to the State?
Michael Bogert: Yes, sir.
Richard Joslin: We can’t do a whole lot to him, can we?
Chairman Lantz: The worst scenario is that we revoke his permit-pulling privileges
which isn’t going to do much but once we make a recommendation to the State, there is
a possibility that the State will look into it and possibly investigate further – correct?
Everildo Ybaceta: That’s correct. Also, per the Code, if he is working in different
counties, those counties could bring him up on charges based on what we do here today.
Richard Joslin: How soon does the recommendation go to the State?
Everildo Ybaceta: As soon as the Order is signed, I have fifteen days to send the
Board’s recommendation to the State.
Richard Joslin: Will the State act on it immediately or does it have to go before the
Construction Industry Licensing Board (“CILB”)?
Everildo Ybaceta: I can’t comment on how the State conducts its investigations or
their procedures.
Chairman Lantz: Back in the day, we also were able to do public humiliation which,
in my opinion, is the only way to get some people to change. We could issue a Press
4.A.1
Packet Pg. 37 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
35
Release or something to that effect notifying the public that the Contractor or his
company have been sanctioned by the Board. Do we still have the power to do that?
Patrick White: I don’t know if we can impose it but there is nothing that I’m aware of
that precludes the County from issuing a Press Release.
Everildo Ybaceta: I believe it’s still on the books that the Board can do that, yes. If the
Board votes to issue it, yes, the County can issue a public reprimand.
Chairman Lantz: You call it a public reprimand and I call it public humiliation. I’d
like to put him in front of the County and throw tomatoes at him but apparently that’s
not allowed either. An ad in the newspaper might not affect much of his business but
that one random person who reads the paper or the person who googles his business
website, might find it.
Attorney Schneck: Mr. Chairman, according to the County’s Ordinance, a public
reprimand is only available for locally licensed contractors. You’re right, there is no
provision in the Florida Statutes which prohibits this, however, the general
interpretation of Florida Statutes is that if it’s not included, then it is prohibited unless
there is some sort of ambiguity within the Statutes. In my opinion, there is no
ambiguity. Florida Statutes is clear in its wording that the Board is limited to denying,
suspending, or revoking a State-certified contractor’s permit-pulling privileges in Collier
County or limiting his ability to pull permits under specific conditions. The Board can
send a recommendation to the State’s Construction Industry Licensing Board (“CILB”)
for further action.
Vice Chairman Nolton: Can the recommendation that the Board makes to the State
Board include a request to impose a fine?
Attorney Schenck: It can include a monetary penalty and possibly a public
reprimand.
Patrick White: Not to differ with your analysis and thank you for sharing that, but it
may not be within the scope of our jurisdiction impose or order a public reprimand as
a Sanction. But news is news and if this Board should choose to revoke the permit-
pulling privileges and make a series of recommendations to the CILB, that is a matter
within the discretion of the County to publish as news – as a press release. I don’t
know if the County will or won’t, but I just want to make sure that we’re clear – the
Board can’t but there’s nothing that says news can’t be published. We, the Board,
cannot. What I’m saying is the County may choose to – just like you or I, the County
has First Amendment rights as well.
Chairman Lantz: Does anyone want to make a motion for the Sanctions?
Vice Chairman Matthew Nolton moved to approve immediately revoking
Michael Marchetti’s permit-pulling privileges in Collier County, and also sending
a recommendation to the State’s Construction Industry Licensing Board requesting
that the CILB: (1) suspend Michael Marchetti’s license for the maximum amount
of time allowed by law, (2) revoke his permit-pulling privileges with the State
during his license suspension, and (3) impose a five thousand dollar ($5,000) fine.
Patrick White offered a Second in support of the motion.
Patrick White: Under what circumstances could we recommend that could lift the
suspension?
4.A.1
Packet Pg. 38 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
36
Vice Chairman Nolton: I don’t know that it’s up to this Board – it’s up to the State.
There would be a hearing and he would come before them to work that out. In my
motion, I didn’t include that part of it.
Patrick White requested that Mr. Nolton amend his motion to include suspending
Mr. Marchetti’s license for the maximum amount of time allowed by law.
Vice Chairman Nolton agreed with Mr. White’s suggestion.
Chairman Lantz asked the members if there was any discussion but there was no
response.
Chairman Lantz called for a vote on the motion. Carried unanimously, 5 – 0.
Chairman Lantz stated:
• This cause came for a Public Hearing before the Contractors’ Licensing Board
on October 16, 2019 for consideration of the Administrative Complaint filed
against Michael J. Moretti, Respondent, d/b/a Bonita Springs Plumbing &
Gas, Inc.
• Service of the complaint was made by certified mail, personal delivery, or
publication in accordance with Collier County Ordinance #90-105, as
amended.
• The Board having heard testimony under oath, received evidence, and heard
arguments respective to all pertinent matters hereupon issues its Findings of
Facts, Conclusions of Law and Order of the Board as follows:
Conclusions of Law, Findings of Fact, and Orders of the Board:
• Michael J. Moretti, d/b/a Bonita Springs Plumbing & Gas, Inc., is the holder
of record of a Collier County Registered License Number C23293.
• Mr. Moretti is also a State-certified Plumbing Contractor and holder of
License Number CFC056830.
• The Collier County Board of County Commissioners is the Petitioner in this
matter and Michael J. Moretti is the Respondent.
• The Respondent was not present at the October 16, 202019 Public Hearing
and was not represented by counsel.
• All notices required by Collier County Ordinance #90-105, as amended, have
been properly issued or personally delivered.
• The Respondent acted in a matter that is in violation of Collier County
Ordinance and is the one who committed the act.
• The allegation set forth in the Administrative Complaint as to Collier County
Ordinance #2006-46, as amended, Section 4.2.2 – Misconduct of State
Certified Contractor states: “Willfully violating the applicable Building Codes
or law of the State, City, or Collier County.”
• The allegation was supported by the evidence presented at the Hearing.
Conclusions of Law:
• The allegations set forth in the Administrative Complaint as to Count One is
approved, adopted, and incorporated herein, to wit:
4.A.1
Packet Pg. 39 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
37
o The Respondent violated Ordinance #2006-46, as amended, Section
4.2.2 in Count One 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.
Orders of the Board:
• Based upon the foregoing Findings of Fact and Conclusions of Law, and
pursuant to the authority granted in Florida Statutes, Chapter 49, and Collier
County Ordinance #90-105, as amended, by a vote of five (5) in favor and
zero (0) opposed, a majority vote of the Board members present, the related
Sanctions and following Order are hereby imposed upon the holder of State
License Number CFC056830, as follows:
o The Respondent’s permit pulling and inspection pulling privileges
in Collier County are revoked;
o The County is authorized to send a letter to the State’s Construction
Industry Licensing Board (“CILB”) recommending: (1) suspension
Michael Marchetti’s license for the maximum amount of time allowed
by law, (2) revocation of his permit-pulling privileges with the State
during his license suspension, and (3) the imposition of a five
thousand dollar ($5,000) fine.
Chairman Lantz: The hearing is concluded.
Patrick White stated he would not be able to attend the December 18th Board Meeting
and requested to be excused.
NEXT MEETING DATE: WEDNESDAY, DECEMBER 18, 2019
BCC Chambers, 3rd Floor – Administrative Building “F,
Government Complex, 3301 E. Tamiami Trail, Naples, FL
There being no further business for the good of the County, the meeting was adjourned at
11:19 AM by order of the Chairman.
4.A.1
Packet Pg. 40 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
October 16, 2019
38
COLLIER COUNTY CONTRACTORS’
LICENSING BOARD
KYLE E. LANTZ, Chairman
The Minutes were approved by the Chairman or Vice Chairman of the Contractors’ Licensing Board
on _______________________, 2019, (Check one) “as submitted” [___] or “as amended” [___]
4.A.1
Packet Pg. 41 Attachment: October 2019 Minutes (11078 : Approval of Minutes - October 16, 2019)
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 8.A
Item Summary: Orders of the Board
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/09/2019 2:54 PM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/09/2019 2:54 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/09/2019 6:27 PM
Contractor Licensing Board Michael Cox Review Item Skipped 12/10/2019 4:30 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/11/2019 12:36 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
8.A
Packet Pg. 42
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 8.B
Item Summary: Trevor Reiland - Application to Qualify Second Company
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/09/2019 6:22 PM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/09/2019 6:22 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/09/2019 6:31 PM
Contractor Licensing Board Michael Cox Review Item Skipped 12/10/2019 4:33 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/11/2019 12:32 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
8.B
Packet Pg. 43
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 10.A
Item Summary: Case 2019 - 07 - Misconduct - Stephen Cuebas - All Weather Hurricane Shutters
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/11/2019 8:24 AM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/11/2019 8:24 AM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/11/2019 8:25 AM
Code Enforcement Michael Ossorio Review Item Completed 12/11/2019 12:27 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
10.A
Packet Pg. 44
BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
STEPHEN CUEBAS, D/B/A ALL WEATHER
HURRICANE SHUTTERS, INC,
Respondent.
Case No: 2019-7
License No.: C28726
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Stephen Cuebas,
d/b/a All Weather Hurricane Shutter, lnc, a Collier County Licensed Contractor (License
# C28726), and states the following facts and allegations in support of the cited
violations below:
1. The Respondent is currently licensed by Collier County Contractors' Licensing as a
Hurricane Shutter/Awning Contractor (License No. C28726).
2. The Respondent, Stephen Cuebas is the Collier County license holder of record for
the company D.B.A.: All Weather Hurricane Shutters, lnc. (Q27480)
3. Under the provisions of Chapter 489, Florida Statutes and Collier County Ordinance,
Municode Sec. 22-202, the Collier County Construction Licensing Board (Board) is
authorized to impose penalties against a holder of a Collier County Certificate of
Competency.
4. On October 8,2019, I received a complaint from City of Marco lsland Code
Enforcement Supervisor John Sellers, regarding the installation of motorized
hurricane shutters at 941 S. Collier Blvd. Unit 9, without the necessary permit.
5. During the investigation, I spoke with City of Marco lsland Chief Building Official,
Raul Perez, who stated that a permit was required to perform the installation work
and that he had researched the City of Marco lsland building records and no permit
had been applied for to perform the subject work.
6. On October 8, 2019 a Stop Work Order was issued and posted at 941 S. Collier
Blvd, Unit 9, by City of Marco lsland Code Enforcement Supervisor John Sellers, for
the violation of commencing work without a permit.
10.A.1
Packet Pg. 45 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
7. On October 9, 2019 Respondent Stephen Ceubas provided me a copy of the
contract that had been entered into with the homeowner of 941 S. Collier Blvd, Unit
9, for the installation of four motorized hurricane shutters, for the contract prlce of
$12,900. I also confirmed the contract terms with the homeowner on October 9,
2019, including a $300 charge for permitting.
9 During the same interview, I informed Mr. Ceubas that, as there had been three
similar incidents in the past, wherein he had commenced work before obtaining
necessary permits, he was going to be issued a Notice of Hearing to appear before
the Collier County Contractors' Licensing Board regarding the violation.
10. Thereafter, pursuant to Chapter 489, Florida Statutes and Collier County Municode
Sec 22-202, the Contractor Licensing Supervisor determined there exists sufficient
cause to warrant the filing of formal charges.
11. On October 10, 2019 I issued Respondent Stephen Ceubas a Notice of Hearing to
appear before the Collier County Licensing Board for December 18,2019 at 9:00am.
The Notice of Hearing was signed for and accepted by Mr. Cuebas.
A. City of Marco lsland Chief Building Officral states that the installation of motorized
hurricane shutters requires a building permit to be obtained before commencing
the work.
B. The Building Official confirmed that, upon his review of the City of Marco lsland
building records, no permit had been applied for before the installation work was
performed.
C. Collier County Municode Sec. 22-201 (18) states, in pertinent part, that it is
misconduct for a Collier County Certificate of Competency holder to proceed on
any job without obtaining applicable permits or inspections from the City Building
and Zoning Division or the County Building review and permitting department and
violating the applicable building codes or laws of the state, city, or Collier County.
8. On October 9, 2019, during an interview with Respondent Stephen Ceubas, he
stated to me, "He knew what he was doing was wrong". Mr. Ceubas also stated to
me, "He was under pressure from the homeowner to get the work done quickly
because the homeowner was leaving and wanted to see the final product".
12.The County now brings the following count in this Administrative Complaint against
the Respondent:
COUNT I
10.A.1
Packet Pg. 46 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for
disciplinary action under Collier County Municode Sec. 22-201: and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the
Collier County Co
violation charged.
nstruction Licensing Board to find guilty of the
Dated Signed:
Collier County Contractor
Licensing Supervisor
,
10.A.1
Packet Pg. 47 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Complaint Number- 20 I 9-07
Complainant: Any person who believes that a Contractor holding a Collier County Certificate of
competency has violated Collier Countv Ordinance 90-105, 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: November 25.2019
Against:
Contractor's Name: Slephen Cuebas
Phone:239-597-8575
Business Name: All Weather Hurricane Shutters. Inc
License Number if known: C28726 Hurricane Shutter/Awning Contractor
Collier County Competency number: C28726
Contractor's Business Address: I124 Industrial Blvd, Naples, FI,34104
Filed By:
Name: Collier County Contractors' Licensing / Timothy J. Crotts
Address: 2800 N. Horseshoe Dr., Naples, FL 34104
Business Phone: 239 -252-25 63
Address where work done: 941 S. Collier BIvd. Unit 9
City: Marco Island
County: Collier
Date of contract: August 21"r,2019
Contractors' Licensing Board
2800 North Horseshoe Dr.
Naples, FL 3.1104
10.A.1
Packet Pg. 48 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Date job started: October 8'l', 2019
Date job completed or new home occupied: Pending
Were there plans and specifications? No
Is there a written contract? Yes Ifyes, amount ofContract: $ 12,900
Has Contractor been paid in full? No. Ifnot, what amount? $6,450
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? Yes. ANoticeof Hearing was signed and
accepted by Stephen Cuebas on October I 0'h, 20 | 9 for a hearing date of December 1 8'h, 2019 at 9:00 am
Date: October l0rh,2019 Do you have a reply? Yes
Please attach to this form all copies ofthe purchase agreement, building contracl, home
improvement contract, copies of receipts and/or cancelled checks available and any additional
evidence to substantiate your allegations, List any subsections of Section 22 of Collier County
Ordinance number 90-105, which, in your opinion, have been violated by the contractor which is
the subject of this complaint, (list subsection number):
Collier County Ordinance 90- 105, Section 22-201 ( I 8), Misconduct - states: violating the
applicable building codes or laws ofthe state, city, or Collier County;' - Commence work prior
lo issuance ofa building perrnit (State Building Code violation 105.1).
Please state the facts n'hich you beliel'e substantiate your charge of misconduct against the subject
contractor. List facts separately for each subsection number above:
Collier County Ordinance 90- I 05, Section 22-201 ( I 8)., M isconduct - Collier County/City
Cenificate of Competency. states: "Proceeding on any job without obtaining applicable permits
or inspeclion from the City Building and Zoning Division or the County Building review and
permitting department" violating the applicable building codes or Iaws ofthe state, city, or Collier
County." - Comntence work prior to issuance of a building permil (State Building Code violation
105. 1)Steohen Cuebas has w illfully violated the Florida buildine codes bv not aDDlvins for and
a
a
an issued buildin rt nor t tor Ste hen Cuebas d
All WeathetHurricane Shutters, Inc. was hired by homeowner. Mr. John Marzul a, 941 S. Collier
Blvd. Unit 9. Marco Isla nd, Fl . to install4 hurricane shutters with moto . The work commenced
bv Mr. Caebas (dba) All Weather Hurricane Shutters . Inc. without the issuanc I buildins
Dermit.
10.A.1
Packet Pg. 49 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Timothy J. Crotts
State of: Florida
County of: Collier
Sworn to (or affirmed) and subscribed before me this QzY day ot-Llacm Cf2 ,
2019,
by (signature of pcrson making statement).
of Notary Public)
Print, tvpe or stamp commissioned name of Notary Public:
I'ersonalh' knon n or prod uced identification
10.A.1
Packet Pg. 50 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Timothy J. Crotts
State of: Florida
County of: Collier
Sworn to (or affirmed) and subscribed before me this
2019
by
signature of Notary Public)
Prinl, tvpe or stamp commissioned name of Notary Public:
or produced identilication
QA- o^r.r /ee* , bst
(signature of person making statement).
Personalh knon n DOIll{A CUER80
tfi c0xxE90 i Gc 236039
EXPIRES:July 6,2022
8o r.d Intu
10.A.1
Packet Pg. 51 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
CONTRACTORS'LICENSING BOARD CASE # 2OI9-O7
STEPHEN CUEBAS dlblal ALL WEATHER HURRICANE SHUTTERS, INC
Exhibit 2-6
Case Detail Report - CEM 1520190012388
Exhibit 7-8
Contract between Mr. & Mrs. John Marzula and Contractor
Exhibit 9
Collier County License Detail - Qualifier
Exhibit 10
Collier County License Detail - Certificate of Competency
Exhibit 11
Florida Euilding Code Section 105.1 outlining Permit Requirements
Exhibit 12-14
Violation - Section 22-2OI (18) - Misconduct / Collier County
Exhibit 15
Marco lsland Building Permit SHUT-19-06785 information sheet
Exhibit 15-17
Stop Work Order posted by Marco lsland Code Enforcement - John Sellers
Exhibit 18-22
Photos determining code violation taken by John Sellers
a
a
a
TABLE OF CONTENTS
Exhibit 1
Notice of Hearing served on l0lLOl2OLg (Personal Service)
10.A.1
Packet Pg. 52 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
OPERATIO EPARTMENT / LICENSING SECTION 6-
//) -/o '/ /Hand Delivered To Date
Date: October 1oth, 2019
Stephen Cuebas
d/b/a - All Weather Hurricane Shutters, lnc
1224 lndustrial Blvd
Naple, Fl 34104
RE: Complaint filed against you by the Collier County Contractot's Licensing Office
Dea r Stephen Cuebas,
A complaint has been filed against you by the above referenced individual
A hearing ofthis complaint will be held by the Contractors'Licensing Board on Wednesday, December
18'h, 2019 at 9:00 am in the Board of County Commissione/s Rool Third Floor, Administration Building
(W. Harmon Turner Bldg), at 3301 East Tamiami Trail, Naples, Florida 34112.
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. lf 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. ln 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.
ln the event the Contractors' Licensing Board finds you violation of Section 22-2Ol (781of Ordinance 90-
105, as amended, the range of disciplinary sanctions which may be imposed are from an oral reprimand
to revocation of your Collier County Certification lssuance # 28726.
Timothy Crotts
Licensing Compliance Officer
Collier County Contractors' Licensing
(23s) 2s2-
S
E-t
COLLIER COUNW
GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION
10.A.1
Packet Pg. 53 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
@w net Report Title.Code Case Details
Date: 1'112512019 3:44:53 PM
b2-
CaseNLimber: cemis20190012388
Case Number cE Mts20190012388
Case Type Misconduct
Normal
lnspector TimothyCrotts
Jurisdiction City of Marco
Origin Complaint
October 8th,2019
On the above date, I received a call from JOHN SELLERS, City of Marco Code Enforcement
Supervisor regarding a complaint he received from the Marco Building Department about
hurricane shutters being installed at 941 SOUTH COLLIER BLVD, UNtT 9 without a permit being
issued by the city. Mr. Sellers told me that he was heading that way and would let me know
what he found.
A short time later, I received a call from Mr. Sellers, and he advised that there were workers
onsite from a company called ALL WEATHER HURRICANE SHUTTERS and that hurricane
shutters were being installed at the back of the unit. Mr. Sellers stated that he photographed
the work being performed and posted a STOP WORK ORDER. (copies of these photos have
been attached to this case). Mr. Sellers stated that he informed the workers that no permit was
issued and that all work would be required to stop, and they would need to clean the area and
leave the property.
Location Comments 941 S COLLIER BLVD FOLO: 52140360001
Status Refer to CLB
1011112019 10:09:43 AM
TimothyCrotts
Case Disposition
Property 52140360001
Complainant CITY OF MARCO ISLAND FL BUILDING DEPARTMENT
Contractor Cuebas, Steven
Property Owner MARZULA, JOHN A & PATRICIA J
Business Management & Budget Office
E-Z
Priority:
Detail Description:
Date & Time Entered:
Entered By:
Case Pending
1
10.A.1
Packet Pg. 54 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Code Case Details Execution Dale 1112512019 3:44:53 PM
E-7
Desc Assigned Required Outcome Comments
Preliminary lnvestigation TimothyCrotts '10111t2019 10t11DO19 October 8th, 2019
On the above date, I received a call from
JOHN SELLERS, City of Marco Code
Enforcement Supervisor regarding a
complaint he received from lhe Marco
Building Department about hurricane shutters
being installed at 941 SOUTH COLLIER
BLVD, UNIT 9 without a permit being issued
by the city. Mr. Sellers told me that he was
heading that way and would let me know what
he found
A shorl time later, I received a callfrom Mr.
Sellers, and he advised that there were
workers onsite from a mmpany called ALL
WEATHER HURRICANE SHUTTERS and
that hurricane shutters were being installed at
the back ofthe unit. Mr. Sellers stated that he
photographed the work being performed and
posted a STOP WORK ORDER. (copies of
these photos have been attached to this
case). Mr. Sellers stated that he informed
the workers that no permit was issued and
that all work would be required to stop, and
they would need to clean the area and leave
the property.
I then went to the above address and found
the van still on site and I spoke to the
following individuals who identified
themselves as payroll employees of ALL-
WEATHER HURRICANE SHUTTERS.
1. Fernando Sandoval
2. Gates lilontenegro
lasked l\4r. Sandoval, who had identifled
himself as the person in charge, what type of
work was being performed. Ms. Sandoval
told me that they were installing hurncane
shutters. I asked what unit the shutters were
being installed in and he told me Unit L l
explained to lvlr. Sandoval that there was no
permit by the city for the installation and
reminded him that a SWO had been posted
by the Marco Code and that allwork must
stop and the site much be made safe and
secure. lasked Mr. Sandoval who his boss
was, and he told me it was Steve Cuebas.
Our conversation was then ended.
As lwas talking to [/r. Sandoval, lwas
approached by an individualwho identifled
himself as TIM JOHNSON, brother in-law to
the owner identified as JOHN NiIARZULA (724
-272-0062. lvlr. Johnson told me that his
brother in-law was currently out of state but
would be at his summer home tomorrow. I
explained to [,1r. Johnson what had occurred
and told him that I would contact his brother
in-law to explain to him whal was occurring.
Ithen contacted STEPHEN CAEBAS,
Qualifier for ALL WEATHER HURRICANE
Needs
lnvestigatio
n
Business Management & Budget Offlce c-2
Completed
10.A.1
Packet Pg. 55 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Code Case Details Execution Date 1112512019 3:44:53 PM
E-+
SHUTTER, lNC. I advised Mr. Caebas what
had occurred, and he told me that the permit
for this job must have slipped through the
cracks, because he thought it had been
issued. I explained to l\4r. Caebas that the
work being performed required a permit as
well as being sure that electrical was
included. I told Mr. Caebas that I needed to
meet with him and that I also needed a copy
of the contract inter into with the homeowner.
A meeting date was set for October gth in the
A review of the contractor showed the
following:
,1, ALL WEATHER HURRICANE SHUTTERS,
INC is licensed by Collier County Contractor
Licensing as a HURRICANE
SHUTTER/AWNING CONTRACTOR
(C28726), active till 09/30/2020 with the
qualifier showed as STEPHEN CUEBAS.
2. Lability lnsurance and Worker
Compensation lnsurances are currently up to
date and active.
Business Managemenl & Budget Office
E-r{
3
10.A.1
Packet Pg. 56 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Code Case Details Execution Date 1112512019 3:44:53 PM
E-5
Desc Ass igned Required Completed Outcome Comments
Cont. lnvestigation TimothyCrotts 10t11DO19 10t11t2019 Complete October gth, 2019
On the above date, Licensing Supervisor
Ybaceta and myself met with l\4r. Caebas at
our office. lvlr. Caebas presented me with a
copy of the contact he entered with the
homeowner. This contact was signed by the
homeowner on 08/2112019. The contract
shows that 4 sets of roll down type shutters
were to be installed with electric motors for a
total cost of $12,900. Mr. Caebastotd me
that he knew he was in the wrong and wanted
to get things right. He told me he was under
pressure from the homeowner to get the work
done quickly, because the homeowner was
leaving and wanted to see the finished
product before he left. ltold Mr. Caebas that I
would be in contact with the l\4arco City
Building Department to see if the permit had
been applied for and would be in contact with
him, and our meeting was ended.
I contacted the homeowner. JOHN
MARZULA, and explained to him what had
occurred with the work being performed
without the required permit from the building
department. lexplained to him the reasons
for the permit being required and Mr. Marzuta
told me he understood. I confirmed the
information on the contract with lvlr. Marzula
and he told me that information was accurate.
lexplained lo Mr. N.4ae ula that I would
monitor with the building department to make
sure the permit was applaed for to see if there
were any issues that would cause it not to be
issued. Our call was then ended.
A review of this contractor showed that [4r.
Caebas has been stopped for working without
a permit three different occasions (2012,
2015,2016). After a review of this case, it
was decided that Mr. Caebas would be taken
before the Contactors' Licensing Board due to
his prior violations.
lcalled Mr. Caebas and told him that based
on the finding of the prior violations of
commencing work without a permit, that he
would be required to appear before the
Contactor's licensing Board for the violation of
commencing work without a permit. A
meeting date was set for 10/10/2019 at g AM.
Business Management & Budget Office
E-5
4
10.A.1
Packet Pg. 57 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
Code Case Details Execution Dale 1112512019 3:44:53 PM
E-L
Desc Assigned Required Outcome Comments
TimothyCrolls 10t11t2019 10r11t2019 Complete October 1oth, 2019
On the above date, I met with Mr. Cuebas.
Mr. Cuebas was served in hand the notice to
appear before the Collier County Contractors'
Licensing Board for the violation of Section 22
-201 (18) of Ordinance 90-105 as amended
for commencing work without the issuance of
a building permit. The hearing date was set
for December 18th, 2019 at 9 AM. Mr.
Cuebas signed and dated the notice and he
was explained lhe procedure of appearing
before lhe CLB. Out meetrng was then
ended.
Schedule for CLB michaelossori
o
10t23t2019 1012312019 Complete
Generate CLB Notice of Hearing michaelossori
o
1012312019 10t23D019 Complete
Enter Hearing Results TimothyCrotts Pending
lnvestigation TimothyCrotts 12119t2019 '10123t2019 Refer to
CLB
Violation Description Status Entered Corrected Amount Comments
4. 1 i/isconduct-County/City
Certificate of Competency
Open 10t11t2019 $0
Title Reason Result Fine/Day Condition
Business Ivlanagement & Budget Office
E-6
5
Completed
Cont. lnvestigation
12t19t2019
Compliance
10.A.1
Packet Pg. 58 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
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10.A.1
Packet Pg. 60 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
View [1a ste r Protect
Licensee Information
View All Arti$ities for enis LiEen5ee Add new Egsp! or bu5iness to Address Bool
Go to Alerts
Q27480
New Liceniee (current project)New License. (no project)
Status OplnLicensee Number
Name / Description
Type
Inrpector
lurisdiction
Activity Description
STEPHEN CUEBAS
Contractor
Start Date
End Date
Submitted on
_"1
Department Contractors Licensing
Suggest Mailing Address I
Mailing Address
Address Line 2
Addresr Line 3
City/State/Zip
Country
Email
Preferred ContactMethod
Drlverr License Number
Workers Compensatron
ExoirEtion Date
TOOO APPLEBY DR.
Confidential? !
Sub-certificate Required f]
Contractor Attributes
Contractor Type eualifier
Receive SMS Text r"l
Notifications? U
Home Based Business I
DOB
Sponsorship Appliction Date
IIT.ig .......... i.(-1391 ?-e"9:91 50
08/21/7960
Exclude from Auto-S u q gest? [
Add Contact Number
Ext.
Add a Location
NAPLES FL
c120786603040
Busines5 Tax Receipt?
Location
Add Related Parcelr andAddresses
To link a location to thir Licensee, enter location information below. Cityviewwill suggestpossiblematcherasyoutypel
Contact l,iunb€r
Contacts
Add new person or h-uij-o-g!! to Addrest Book Go to Alerts
To link a contact to this Licensee, enter contact information below. Cityviewwill suqqe!tpossiblematchesasyoutyper
Stntus
Add a Contact
Alert ')Pri
ALL WEATHER HURRICANE SHUTTERS, lNC., Addressr1224 INDUSTRIAL BLVD,Phone;(239) 597-9575, Licensee * C28726 E-9
DisPrirnary?End DateContact AlertD*criptionLinkTvDeGo
Contrador ALL WEATHER HURRICANE SHUTTERS, INC.,Address:1224 i tr
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Add this l,4ailinq Addre5s as a Location
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10.A.1
Packet Pg. 61 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
E-to
COLLIER COUNTY
CERTIFICATE OF COMPETENCY
C28726 Certifi cation lnformation
Collier County Board of Gounty Commissioners Date: September 30, 2019
STEPHEN CUEBAS
HURRICANE SHUTTEFYAWNING CONTRACTOR
ALL WEATHER HURRICANE SHUTTERS, INC.
1224 INDUSTRIAL BLVD
NAPLES, FL 34104-
PHONE: 2395979575
CELL: 2392908450
FAX: 2396433448
LICENSEE NBR: C28726 QUALIFIER
TYPE:
DBA:
ADDRESS:
CLASS CODE: 4031
ISSUANCE NBR: 28726
INSURANCE ORIG ISSD:
December 20, 2018
EXPIRATION:
September 30, 2020General Liability
October 0'1, 2020
Workels Compensation
June 01, 2020
NOTE: lt is the Qualifier's responsibility to keep all business, licensing and requirements current
and to provide up to date copies for Collier county files. This includes all insurance certificates
and any change of address information.
€oIlier County * City of llarco t City of t{aples
contractor Licensing
HURRICANE SHUTTER/AI{I{II{G COI{TRACTOR
Cert Nbr: Exp: Status r
C28725 09/10/2020 Active
ALL I/EATHER HURRICANE SHUTTERS, INC.
STEPHEN CUEBAS
1224 INDUSTRIAL BLVO
NAPLES, FL 34104-
Signed:F-'o
CERTIFICATION INFORMATION
10.A.1
Packet Pg. 62 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
E-tl
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 required impact-resistant coverings, 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.
E- tl
10.A.1
Packet Pg. 63 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
E-t\
Sec. 22-201 . - Misconduct-Collier County/city certificate of com petency.
The following actions by a holder of a Collier County/City Certificate of Competency shall
constitute misconduct and grounds for discipline pursuant to sectio 22-202
(1)
Knowingly combinlng or conspiring with an unlicensed contractor by allowing one's Certificate of
Competency to be used by an unlicensed contractor with intent to evade the provisions of this
Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first
making application under this Ordinance to represent said firm, such act shall constitute prima
facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows
his certificate to be used by one or more companies without having any active participation in the
operations, management, and control of such compantes, such act constitutes prima facie
evidence of an intent to evade the provisions of this Ordinance. Active participation requires job
site supervision, knowledge of and participation in the business operations of the company(s),
including all contractual matters.
a.
lf any individual qualifying any business organization ceases to be affiliated with such business
organization, he shall so inform the Board. ln addition if such individual is the only certified
individual affiliated with the business organization, the business organization shall notify the Board
of the individual's termination and shall have no more than sixty (60) days from the date of
termination of the individual's affiliation with the business organization in which to affiliate with
another person certified under the provisions of this article. ln any event, the business organization
shall not enter into any new contracts and may not engage in any new contracting until such time
as a qualifying agent is employed.
(2)
Contracting to do any work outside of the scope of his/her competency as listed on his/her
competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing
Board.
(3)
Abandoning a construction project in which he/she is engaged or under contract as a contractor. A
project may be presumed abandoned if the contractor terminates the project without just cause, or
fails to notify the owner in writing of termination of the contract and basis for same, or fails to
perform work for ninety (90) consecutive days without just cause and no said notice to the owner.
(4)
Diverting funds or property received for the execution of a specific contract project or operation or
diverting funds earmarked for a specified purpose to any other use whatsoever.
(5)
Departing from or disregarding in any material respect the plans or specifications of a construction
job without the consent of the owner or his duly authorized representative.
(6)
Disregards or violates, in the performance of his contracting business in Collier County, any of the
building, safety, health, insurance or Workers' Compensation laws of the State of Florida or
ordinances of this County.
E-IL
10.A.1
Packet Pg. 64 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
E-t\
(7)
Falsifying or misrepresenting any material fact in his application and supporting papers for the
purpose of obtaining a Certificate of Competency under this Ordinance.
(8)
Committing mismanagement or misconduct in the practice of contracting that causes financial
harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of
the following:
a.
The contractor fails to fulfill his/her contractual obligations to a customer because of inability,
refusal or neglect to pay all creditors for material furnished or work or services performed in the
operation of the business for which he/she is licensed, under any of the following circumstances:
1.
Valid liens have been recorded against the property of a contractor's customer for supplies or
services ordered by the contractor for the customer's job; the contractor has received funds from
the customer to pay for the supplies or services; and the contractor has not had the liens removed
from the property, by payment or by bond, within 30 days after the date of such liens;
2.
The contractor has abandoned a customer's job and the percentage of completion is less than the
percentage of the total contract price paid to the contractor as of the time of abandonment, unless
the contractor is entitled to retain such funds under the terms of the contract or refunds the excess
funds within 30 days after the date the job is abandoned;
3.
The contractor's job has been completed, and it is shown that the customer has had to pay more
for the contracted job than the original contract price, as adjusted for subsequent change orders,
unless such increase in cost was the result of circumstances beyond the control of the contractor,
was the result of circumstances caused by the customer, or was otherwise permitted by the terms
of the contract between the contractor and the customer.
b.
The contractor's job been completed, and it is shown that the customer has incurred financial harm
by having to seek a variance or other administrative remedy because of actions by the contractor.
(e)
Performing any act which assists a person or entity in engaging in the prohibited unlicensed
practice of contracting, if the licensed contractor knows or should have known that the person or
entity was unlicensed.
(10)
Failing to promptly correct faulty workmanship or promptly replace faulty materials installed
contrary to the provisions of the construction contract. Faulty workmanship means work that is not
commenced, not continued, or not completed in accordance with all specifications of the
applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality
and/or quantity of the unflnished or finished work product, including any item that does not function
properly as a part of the entire project. lf there is no written agreement provision regarding the
specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part
thereof does not meet generally accepted standards in Collier County in relation to the entire
project. Faulty workmanship does not include matters of esthetics unless the esthetically related
item clearly violates a written contract specification directly related thereto.
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10.A.1
Packet Pg. 65 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
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(11)
Failure to maintain at all times, with an insurance company authorized to do business in the State
of Florida, the limits of liability and other categories of insurance as required by this Ordinance.
(12)
Failing to claim or refusing to accept certified mail directed to the contractor by the Contractors'
Licensing Board, or its designee.
( 13)
Failing to maintain a current mailing address.
(14)
Failing to appear in person or through a duly authorized representative at any scheduled hearing
on a complaint filed against the contractor.
(1s)
Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which
directly relates to the practice of contracting or the ability to practice contracting.
(16)
Allowing another to take a qualifying examination on the applicant's behalf.
(17)
Engaging in contracting business in Collier County or the City when prohibited from doing so by
the Contractors' Licensing Board of Collier County.
(18)
Proceedrng on any job without obtaining applicable permits or inspections from the City building
and zoning division or the county building review and permitting department.
(1e)
Failing in any material respect to comply with the provjsions of this Ordinance as a contractor or as
a qualifying agent for a business entity engaging in contracting.
(20)
Signing a statement with respect to a project or contract falsely indicating that the work is bonded;
falsely indicating that payment has been made for subcontracted work, labor, or materials which
results in a flnancial loss to the owner, purchaser, or contractor; or falsely indicating that Workers'
Compensation and public liability insurance are provided.
(21)
Failure of a qualifying agent for a firm/legal business entity to comply with the requirements set
forth in F.S. SS 489.I 1 I and 489.1 1 95.
(22)
Falsifying or misrepresenting any material fact to another person with the intent or for the purpose
of engaging in the contracting business, providing materials or services, or soliciting business for
an employer, as a contractor, or as an employee, regardless of any financial consideration.
(23)
Failing or refusing to provide proof of public liability and property damage insurance coverage and
workers compensation insurance coverage.
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10.A.1
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Packet Pg. 74 Attachment: 2019_07_Misconduct_Stephen_Cuebas_All Weather Hurricane Shutters (11094 : Case 2019
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 10.B
Item Summary: 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical Garden And
Landscape
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/11/2019 8:30 AM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/11/2019 8:30 AM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/11/2019 9:30 AM
Code Enforcement Michael Ossorio Review Item Completed 12/11/2019 12:33 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
10.B
Packet Pg. 75
BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
THOMAS R. WILLIAM, D/B/AWILLIAMS
MAGICAL GARDEN AND LANDSCAPE,
Respondent.
Case No: 2019-8
License No. : LCC201 300007 42.
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Thomas R. Williams
(Respondent), a Collier County licensed contractor with license LCC201 30000742. f he
following facts and allegations are stated in support of the cited violations:
1. The Respondent is currently licensed by Collier County Contractor's Licensing as a
sole proprietor with the following issuance numbers: Landscape Contractor
(201300000406), Paving Block Contractor (201300000407), and Non-Recreational
Pond Waterfall Fountain Contractor (201 300000408).
2. The Respondent, Thomas R. Williams is the Collier County license holder of record
for the company DIBIA Williams Magical Garden and Landscape, Q16705.
3. Under the provisions of Chapter 489, Florida Statutes and Collier County Municode
Sec. 22-202, the Collier County Construction Licensing Board (Board) is authorized
to impose penalties against Collier County Certificate of Competency holders who
violate County ordinances.
4. Under the provisions of Collier County Municode Sec. 22-202, the following actions of
the respondent, constitute misconduct and grounds for discipline.
5. On or about July 7, 2019, the Collier County Licensing Department received a
complaint from homeowner, Reto Kramer, regarding work performed at his residence
a|9126 The Lane, Naples, FL 34109.
6. Upon investigation, it was discovered that on August 7, 2018, Thomas R Williams
signed a contract with homeowner Reto Kramer to perform the flowing work at the
subject residence: construct a 20 x 35 koi pond and install a paver path, a 4'x 8'
bridge, a raised paver patio, a built-in bench, a non-gas fire pit, a waterfall, three raised
I
10.B.1
Packet Pg. 76 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
beds with retaining walls, a vertical aquaponic bed, a clear koi lookout in the pond,
fifteen LED lights, and a transformer. The contracted amount was for $52,000.00,
The scope of work in the contract also included plumbing and electrical work.
7. On October 16,2019, Chief Building Official, Jonathan Walsh, reviewed the pictures
of the work conducted and determined a permit was required for the aquaponic
structure, waterfall structure(s), electrical box, electrical outlet(s)
installation/contracting, and associated plumbing, prior to the work being performed.
9. On October 25,2019, a meeting with contractor Willaims regarding permits was held.
During the meeting, Mr. Williams stated he did not need a permit because he
contacted the County staff prior to the construction and the County staff told him he
did not need a permit for the work. Mr. Williams could not recollect a name or time
frame in which those conversations had occurred. Mr. Williams did admit that his
company had also installed the plumbing and contracted for the electrical to be
performed by a third-party.
10. Based on the investigation, and pursuant to Collier County Municode Sec.22-202
(a)(2) and (b), the Contract Licensing Supervisor has determined the complaint was
investigated and sufficient cause exist to warrants the filing of formal charges.
11. The homeowner has alleged damages in the amount of $67,700.00 due to the
unpermitted work, for monies paid and corrective work performed.
13. The County brings the following Count(s) in this Administrative Complaint against the
Respondent:
COUNT I
A. Thomas R. Williams is the holder of licenses for Landscape Contractor
(20't300000406), Paving Block Contractor (201300000407), and Non-Recreational
Pond Waterfall Fountain Contractor (201300000408). These licenses do not allow
Mr. Williams to provide electrical contracting services or perform the work of
connecting pottable water lines, both of which were done in the scope of services he
had provided under the subject contract.
B. Thomas R. Williams is in violation of Collier County Municode Sec. 22-201(2),which
states, in pertinent part, that it is misconduct for a holder of a Collier County
Certificate of Competency to contract to do any work outside of the scope of his/her
8. A review of records revealed no building permits were applied for regarding the above-
mentioned work.
12. A Notice of Hearing was issued to Respondent Thomas R. Williams on October 21,
2019 at his place of business, Williams Magical Garden & Landscape, 1717 Pine
Ridge Rd, Naples, FL 34109 and signed for by employee Dana Torkko.
10.B.1
Packet Pg. 77 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
competencey as listed on his/her competency card and as defined in this Ordinance
or as restricted by the Contractors' Licensing Board.
COUNT II
A. Upon review of Count permitting records, a building permit was never applied for or
issued prior, to commencing work, and a permit was required to perform the subject
work.
B. Thomas R. Williams is in violation of Collier County Municode Sec. 22-201(2), which
states, in pertinent part, that it is misconduct by a holder of a Collier County
Certificate of Competency, to proceeding on any job without obtaining applicable
permits or inspections from the City building and zoning division or the county
building review and permitting department.
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for
disciplinary action under Collier County Municode Sec. 22-201 and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the
Collier County Construction Licensing Board to find the
violation(s) charged.
of the
County Contractor
Dated t"/r// /Signed:
I
Licensing Supervisor
10.B.1
Packet Pg. 78 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Contractors' Licensing Board
2800 North Horseshoe Dr.
Naples, FL 34104
Complaint Number- 2019-8
Complainant: Any person who believes that a Contractor holdinB a State Certification or Certificate of
competency has violated Collier County Ordinance 90-105, 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 essentialfacts in support thereof.
Complaint:
Please print or type and return signed copies of the complaint.
Date: July 30, 2019
Aga inst:
Contractor's Name: Thomas R. Williams
Phone: 239-597-4414
Business Name: Williams Magical Garden Center and Landscape
collier county Competency number: #201300000406 (Landscaping Unlimited), fl201300000407
(Paving Blocks), and #201300000408 (Non-Recreational Pond Waterfall Fountain)
Contractor's Business Address: L717 Pine Ridge Rd, Naples FL 34109
Filed By:
Name: Collier County Contractor Licensing Officer/ lvan Afanador
Address: 2800 N. Horseshoe Dr., Naples, FL 34104
Business Phone: 239-252-8019
Address where work is done: 9126 The Lane
city: Naples
County: Collier
License Number if known: LCC2013OOOO742
10.B.1
Packet Pg. 79 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Date of contract: O8/O7 /2078
Date job started: August 13, 2018
Date job completed or new home occupied: UNKNOWN
Were there plans and specifications? YES
ls there a written contract? YES. lf yes, amount of Contract: 552,000 (Original)
Has the Contractor been paid in full? YES lf 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? YES
Date: october 21, 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 canceled checks available and any additional evidence to
substantiate your allegations. List any subsections of Section 4 of Collier County Ordinance number 90-
1.05, as amended, which, in your opinion, have been violated by the contractor which is the subject of
this complaint, (list subsection number):
l-Collier County Ordinance 90-105, as amended, Section 22-201(2), Contracting to do any work
outside of the scope of his/her competency as listed on his/her competency card and as
defined in this Ordinance or as restricted by the Contractors' Licensing Board.
2-Collier County Ordina nce 90-105, as amended, Section 22-201'(6\, Disregards or violates, in
the performance of his contracting business in Collier County, any of the building, safety,
health, insurance or Workers' Compensation laws of the State of Florida or ordinances of this
County
3-collier County ordinance 90-105, as amended, Section 22-2o].l8l b., The contractor's job
been completed, and it is shown that the customer has incurred financial harm by having to
seek a variance or other administrative remedy because of actions by the contractor.
4-collier county Ordinance 90-105, as amended, Section 22-201{L81, Proceeding on any job
without obtaining applicable permits or inspections from the City building and zoning
division or the county building review and permitting department
10.B.1
Packet Pg. 80 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Please state the facts which you believe substantiate your charge of misconduct against the subject
contractor. List facts separately for each subsection number above:
1- Paving Block, the contractor can only construct driveways, sidewalks, patios, and decks,
usin8 concrete paving units. However, the scope of such work does not include paving block
structures.
2- Landscaping Unlimited, the contractor can install paving units for sidewalks, patios, and
decks and prepackaged fountains, or waterfalls. However, the scope of such work does not
include connection to potable water lines, or to any electrical installation, which tasks must
be performed by tradesmen licensed in the relevant trade.
3- Non-recreational pond waterfall fountain license, the contractor can construct non-
recreational ponds, waterfalls and/or fountains. However, the scope of such work does not
include direct connections to potable water lines, or to any electrical installation.
4- There is a 40' drainage easement on the rear of the property. The koi pond and all the
ancillary equipment is built in the easement.
5- The Chief Building Official, Jonathan Walsh made a determination a building permit is
required. No permit was ever obtained.
lvan Afa nador
State of: Florida
County of: Collier
Sworn to (or affirmed)a ribed before netnis 4H day of 20L9,
by (signature of person making statement).
(signature of Notary Public)
Print, type or stamp commissioned name of Notary Public:
or produced identificationPersnally known
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O(PIRES: ,.t ty 8, 2022
8.rl(hfhr/R Dh Lltn tt .!
10.B.1
Packet Pg. 81 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
YbacetaEverildo
From:
Sent:
To:
subject:
attomey.general@mlloridalegal.com
Tuesday, ,uly 30, 2019 5:08 PM
RETOKRAMER@GMAIL.COM
From the Florida Attorney General's Office
Oear Reto Kramer,
Flotida Attomey General Ashley Moody received your correspondence regarding Wlliams Magical Garden Center
& Landscape lnc. Attorney General Moody asked that I respond.
We appreciate that you consider our office as a source of assistance. The Attomey General's Office is concerned
with all potentially unfair and deceptive business practices. We are forwarding your infomation to the Attorney
General's Consumer Protection Division for review.
We are also tor\,varding your correspondence to the Florida Department of Business and Professional Regulation
(DBPR), the state agency that licenses and oversees lhe construction industry in Florida. You may contact OBPR
at:
Florida Oepartment of Business and Professional Regulation
Telephone: (850) 487-1395
Website: www. mvfl oridalicense.com/DBPFyconstruction-industrv
Complaints: www mvfloridalicense.com/DBPR/conskuction-industrv/complaints
Additionally, we are forwarding your complaint to your local county construction licensing board
Collier County Contractor Licensing
2800 North Horseshoe Orive
Naples, Florida 34104
Phone: (239) 252-2400
Website: https://www.colliercountW.oov/vour-oovernmenUdivisions-f-r/ooerations-reoulatorv-
manaqemenUcontractor-lioensinq
Online Complaint Form htto //cvmrta l.coll reroov ne UCitvv nforcemenUComDlaint?module=C
The following informalion about contract issues and civil procedures may help you decide whether or not to
pursue a judicial remedy and, if so, how to proceed:
A Civil Case Or A Criminal Case?
httos://www. fl oridabar. ora/oublicJconsumer/tio00'1 /
Finally, because our omce is not at liberty to give legal guidance to individual consumers, il you need legal
guidance, please continue to consull your private anomey. lf necessary, lhe Florida Bar offers a Lawyer ReferralServicetoll-freeat(800)342.8011oronlineat@,
Thank you for conlacting Altorney General Moody's office. I hope this proves helprul.
Sincerely,
Stephanie Chambers
Ofiice of Citizen Services
Florida Attorney General's Ottice
PL-01, The Capitol
Tallahassee, Florida 32399-1050
I
Legal and Binding Contracts
httDs://www.fl oridabar.oro/public/consumer/tip01 2/
10.B.1
Packet Pg. 82 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Telephone: (850) 414-3990
TolFfree within Florida: (866) 966-7226
Website: www. myfloridalegal.com
To contact this otfioe again, please visit the Attomey General's website at www.myfloridalegal.com and complete
the on-line contact form. For news on Attorney General Moody's efforts to fight fraud, please click the link below
and subscribe to the Attomey General's electronic nelvsletters:
http.//myllofl daleqal.com/NewsBrie nsf/Subscnber
PLEASE DO NOT REPLY TO THIS E.MAIL. THIS AODRESS IS FOR PROCESSING ONLY
INTERNET MESSAGE RECEIVEO BY THE ATTORNEY GENERAT'S OFFICE ON 0711612019
Reto Kramer
9126 The Lane
Naples, FL 34109
Phone: (239) 248€315
Email: retokramer@gmail.com
RE: Williams Magical Garden Center & Landscape lnc
717 Pine Ridge Rd
Naples, FL 34109
Phone: (239) 5974414
Website: http://www.williamsmaoical.com/
Transaction Date: 1 0/16/20 1 8
Amount Paid. 55373.53
Payment Method: Personal Check or Bank Debit
Subiect: Pond Pro.,ect gone terribly wrong, licensed company abandoned the job
We hired Williams to make a 30,000 gallon Koi Pond with Aquaponics System and
Waterfalls in our backyard. The proiect was supposed to take 2 rveeks. lt has
been almosl a year now, there is a 28-pages document with open issues that were
submitted to them directly, through attomeys and BBB and the company refuses
to answer or fix the issues. The pond is in none working conditional.
Cunently, the pond leaks all over, all 60+ koi fish and '12 turlles died and
the water starts to rotten with a disgusting awful smell. We currently have no
idea what to do and would appreciate any help we can get.
2
10.B.1
Packet Pg. 83 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Report Title:Code Case Details
Date 1112612019 11 :58:37 AM Case N un]ber cemis2019000932'l
Case Number:cEM1s20190009321
Case Type Misconduct
Priority Normal
lnspector JuanGuzman
Jurisdiction Collier County
Origin Public Agency
Detail Description Referral from Florida AG Office, regarding Williams Magical Garden Center & Landscape., lnc.
abandoning job site.
Status lnvestigation
Date & Time Entered 713'112019 2:16:34 PM
Entered By JuanGuzman
Case Disposition Case Pending
Address
Property 30780840000
Contractor THOMAS R. WILLIAMS (DBA) WILLIAMS MAGICAL GARDEN CENTER AND LANDSCAPE
Property Owner KRAMER, RETO & DOROTHY LOUISE
Business Management & Budget Office 1
-fu'"-
Location Comments:9126 The Lane, Naples
(FLN 30780840000)
9126 The Lane, Naples
10.B.1
Packet Pg. 84 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Code Case Details Execution Dale 1112612019 11:58:37 AIV
Desc Assigned Required Completed Comments
Preliminary lnvestigation JuanGuzman 7 t31t2019 7 t31t2019 Needs
lnvestigatio
n
On 7/31/19 received referral of VVilliams
Magical Garden Center & Landscape. lnc,
abandoning homeowners project.
Homeowner, Reto Kramer, submitted his
complaint to the Florida State Attorney
Generals offlce. Collier County records show
that Wlliams Magical Garden & Landscape
lnc, license covers Paving Blocks,
201 300000407, Non Recreational Pond
Waterfall Fountain, 201300000408 and
Landscaping unlimited contractor
201300000406. Currently therr status is
inactive with Collier County Contractor
Licensing.
On 7/31/19 (11am) I spoke to Thomas R.
Wlliams owner of VVilliams lvlagical Garden
Center & Landscape. He stated that Mr.
Kramer has refused to pay him for his
services, and has continued to add a list of
complaints which he is more than willing to
address but needs to be paid.
I did a site visit and spoke to Mr. Kramer, he
stated that Wlliams abandoned the job site,
and has refuse to return. He confirmed that
there is a balance owed to Mr Wlliams, and
offered to put it in escrow pending the
completion of the job, but according to
Kramer, Wlliams has refused that offer.
On site, lobserved a '12,000 gallon Koi Pond
in rear of house, with 2 water falls, one was
not active. According to Mr. Kramer the water
fall is not working properly and there are
several leaks throughout the plumbing of the
landscaped project. Records do not show any
permits for the extensive plumbing and
electrical for the project. I advised Mr. Kramer
that I would verify with the building official if a
permit is required for the project.
I emailed CL Supervisor Ybaceta to inquired
about permit requirements. He was able to
verify with Timothy Rygiel, Chief Plumbing
lnspector that a permit is required. A follow up
with homeowner and contractor wil be
required.
Cont. lnvestigation JuanGuzman 8/6/2019 8n,2019 Complete Wlliams Magical Garden Center &
Landscape. lnc, was advised that a permit
would be needed for the plumbing and
electric work done on the project. Email sent
on Tue 8/6/2019 2;47 PM.
Bus'ness Management & Budget Office 2
Outcome
10.B.1
Packet Pg. 85 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Execution Dale 1112612019 1'1:58:37 AM
Desc Assigned Required Completed Outcome Comments
Cont. lnvestigation JuanGuzman 9t10t2019 9t10t2019 Complete Received email from complainant requestang
update on case.
I did a site visit to storefront of contractor.
business has been sold,
new owner was not present, I left my card.
lemailed Mr. Kramer and updated him, lwill
follow up with new owner.
Cont. lnvestigation JuanGuzman 9/30/2019 9/30i20't9 Complete Sent email to Dana Torko, Wlliams Magical
for update on permit submittal.
Cont. lnvestigation lvanAfanador 10t22t2019 10t22t2019 Complete On 1ODl119, Case received from Licensing
Compliance Officer Juan Guzman.
A site visit with Reto Kramer, complainant, at
his residence was conducted with Director
Ossorio, Director Long, and Chief Structural
lnspector Jacobs.
lncluded in the documents is a copy of the
contract, pictures of the site visit, and pictures
ofthe build during construction progress. Mr.
Kramer stated VVilliams Magrcal Garden
Center & Landscape was contracted to build a
20'x 35' Koi pond for $52,000. The
contractor also conducted allthe electrical,
low voltage lighting, and plumbing for the
project. Vvhen asked about the connection to
the potable water, Mr. Kramer stated he
believes a connection exists however, he is
not aware of the location. Several structures
over 30' were obseryed next to the property
line. A bridge4'x 8'was also observed
across the koi pond. Mr. Kramer also stated
he had to hire an additional contractor due to
a collapse of a portion of the koi pond (No
photos or contract received).
lnvestigation revealed no building permits
were ever applied to conduct the project.
Records indicate Thomas R. VVilliams (dba)
Wlliams Magical Garden Center & Landscape
holds three County certified licenses:
#201 300000406 (Landscaping Unlimited
Contr.), #201300000407 (Paving Blocks), and
#201 300000408 (Non-Recreational Pond
Waterfall Fountain).
Oue to the work conducted at the residence,
the contractor did not work within the scope of
his hcenses, therefore Thomas R. Wlhams
(dba)Wlliams l,Iagical Garden Center &
Landscape cannot apply for a building permit.
This case will be foMarded to the Contractor's
Licensing Board for violation of Section(s) 22-
201. (2), (6). (8) b.. (18). A notice of hearing
was served to the business, VVilliams Magical
Garden Center & Landscape, 1717 Pine
Ridge Rd, Naples, FL 34'109. The notice was
received by Dana Torkko, General Manager,
at 3:51 PM, 10/21l19.
Business Management & Budget Office
. Code Case Details
10.B.1
Packet Pg. 86 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Code Case Details Execution Date 1112612019 11:58:37 AM
Desc Assigned Required Completed Outcome Comments
Cont. lnvestigation lva nAfa n ad o r 10129t2019 Complete On 10/25l'19, a meeting with Thomas Wlliams
and Dana Torkko was conducted to discuss
the violation and the scope of work for the
project.
Cont lnvestigation lvanAfanador 10t29t2019 Complete On 10/28/10, a meeting to update Mr. Reto
Kramer with the case was conducted. Acopy
of the contractols certilicate of liability
insurance was emailed to Mr. Kramer.
lnvestigation lvanAfanador 11t4t2019 Pending Kramer 9126 The Lane, Naples
Plumbing and Electric permit required as per
building official.
Cont. lnvestigation lvanAfanador 1',t t612019 11n t2019 Complete On '11/6/'19, a meeting at 9126 The Lane was
held with the Reto Kramer-Homeowner,
myself, Ruben Martinez-Contractor Licensing,
Gino Santabarbara and Jerry KurE-Capital
Project Planning. We toured the rear of the
residence, discussed the origination of the 40'
drainage easement and the construction of
the koi pond on top ofthe culvert piping. I
verifled the construction of the koi pond and
all ancillary equipment was in the drainage
easement with a copy of a boundary survey
dated 06/99.
Mr. Kramer was updated on the case and
informed that the construction of the koi pond
was indeed in the drainage easement. Mr.
Kramer stated the entire project was
approved by the home association.
lva nAfa n ad o r 11n t2019 11fit2019 Complete "'Activity line item dated: '1029/2019 should
reflect date 10/28l'19 vice 10l28l1O.*'
Cont. lnvestigation lvanAfanador 11t7 t2019 11t20t2019 Complete On 1117119,I attempted to follow up with
Thomas Wlliams, however he was not
present at the business location. I spoke to
Dana Torkko and informed her the koi pond
was in fact constructed in the 40'drainage
easement. I also informed her Mr. Kramer,
homeowner is agreeable to any kind of
communication for further discussion.
Cont. lnvestigation lvanAfanador 11t2012019 11t20t2019 Complete
Cont. lnvestigation lvanAfanador '11125t2019 11t25t2019 Complete Oo 11122119,I received a letter from Bass
Law Office, dated November 19, 2019.
requesting a copy of the CLB 'packet' at the
earliest possible time. Letter attached.
Business Management & Budget Office
Violation Description Status Entered Amount Comments
4.1 Misconduclcounty/City
Certifi cate of Competency
Open 7131t2019 $0
Commencing Work Wthout A Permit Open 7t31t2019 $0
4
10t25t20'19
10t29t2019
CE Staff Revie\ry
I received a copy of the invoice between
Kingdom Electric lnc and Wlliams Magical
Garden and Landscaping for subcontracted
service----electric on 8-13-'18. The contract
was for $2540.00. Documents attached.
Corrected
10.B.1
Packet Pg. 87 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Code Case Details Execution Date 1112612019 11:58:37 AM
Title Reason Result Compliance Fine/Day Condition
Business Management & Budget Office 5
10.B.1
Packet Pg. 88 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Contractors' Licensing Board Case S 2019-8
Thomas R. Williams D/B/A - Williams Magical Garden Center and Landscape
Table of Contents
E1 - Notice of Hearing (Personal Service)
E2-E6 - Contract(s)
E7-810 - Pictures determining code violation from Jonathan Walsh (Pictures taken by lvan Afanador)
E11-E41 - Pictures during construction (Pictures taken by Reto Kramer)
E42-E43 - County Appraiser rendition of property and survey of 9126 The Lane, Naples FL 34109,
depicting 40' setback
E44 - Application for lndividual: Thomas R. Williams (page 1)
E45 - Affidavit-Sole Proprietor: Thomas R. Williams (page 3)
E46 - Florida Division of Corporations (Sunbiz) - Williams Magical Garden Center and Landscape
E47 - City View Screen Print (Qualifier lnformation: Thomas R. Williams
E48-E50 - Certificate of Com petency: Landscaping Unlimited, Paving Blocks, and Non-Recreational Pond
Waterfall Fountain
E51-E54 - Sec. 22-152.-Definitions and contractor qualifications. (Scope of the individual licenses)
E55 - Florida Building Code Section 105.1 outlining Permitting Requirements
E56-E60 - Sec 22-201.-Misconduct-Collier County/city certificate of competency. (Violations 2 & 18)
E61-E68 - Restitution
10.B.1
Packet Pg. 89 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
e'r Covrtt-3rt
Crowth Management Division
(-l
v
atI iY
October 21, 2019
Thomas R. Williams
d,/b/a - Williams Magical Garden Center and Landscape
1717 Pine Ridge Rd
Naples, FL 34109
RE: Case # CEllIIS2019000932l - 9126 The Lane
Dear Mr. Williams,
A complaint has been filed against you by the above referenced entity. A hearing ofthis complaint will be
held by the Contractors' Licensing Board on Wednesday December 18th, 2019 at 9:00 AM in the Board
of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Tumer Bldg.), at
3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors'
Licensing Board is required at this time.
The packet conceming your case marked composite exhibit "A" will be delivered to the members of the
Contractors' Licensing Board one week prior to the hearing. Ifyou wish to receive a copy ofthis packet,
please notit, the Contractor Licensing Customer Service Office. Ifyou 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 ofevents. At this meeting, you may present evidence and be represented by an attomey
of your choice.
In the event the Contractors' Licensing Board finds you in violation ofSection(s) 22-201, (2), (6), (8)
b., (18), the range ofdisciplinary sanctions which may be imposed are from (1) Revocation, (2)
Suspension, and (3) Denial ofthe issuance or renewal ofa Collier County licenses #201300000406
(Landscaping Unlimited Contr.), #201300000407 (Paving Blocks), and #201300000408 (Non-
Recreational Pond Waterfall Fountain); (4) A period ofprobation ofreasonable length, not to exceed
two years; (5) Restitution; (6) A fine not to exceed $10,000.00; (7) A public reprimand; (8)
Reexamination requirement; or (9) Denial ofthe issuance of Collier County or city building permits
or requiring the issuance of permits with specific conditions; (10) Reasonable investigative and legal
costs for the prosecution ofthe violation.
S v'
Ivan Afanador
Licensing Compliance Offrcer,
2800 North Horseshoe Drive
Naples, FL 34104
(239) 2s2-8019 {,me s;r,lfq1
G.owth firanagement Division'PlanninE & Regulation'2800 North Horseshoe Drive*Naples, F]o tida 34104'239-252-24A0'w\,vw.colliergov.net
DANATORKKO
cenercl Manqqer/Sole,' Cell 239692-5082
DA A-dw[. Lr AM si[AtlttrLcou, .\ #xnI
ts<}
WILTIAMS MA6ICAL GARDEN
CENTER & [ANDSCAPE i
E7
Planning & Regulation
Operations Department
Licensing Section
/c/0
PHONE: 239-597 -44"1 4 -FAX: 239-597 -7 O44
1717 PINE RIDGE RD. NAPLEs, FL 34I09
.cotTt
fl
10.B.1
Packet Pg. 90 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
E-t
Ema i l. retokramer@gmail.com\-nrc. RETO KRAMER
Address. 9126 THE LANE
Citv, St. Zip NAPLES. FL 34109
p1.,nn" 239-248-6315
Datc of I n6. AUGUST 13. 2018
Submit by Email Print Form
1717 PINE RIDGE BOAO . NAPLES. FLORIOA 34109 . 239-597-4414 . F8x 239-597-7044
YE5
I t.
Williamr Magic.l Gardan
Center& Land3(apa
WORKING AGREEMENT
I herebv contr.rct with Williams Magical Cardcn Center & Landscape {WMG) to perrform servrces, as
detailed helow. ln exch.rnge for these scrvices, I a8ree k) pav (WMG) $52.000.00 according kr thc
lirlkxvine pdvnrcnt sr ht.dule .rt lhc hotlonr oi this .rgrecmcnl
loB DtSc$PTtON:
Descriplion of work: Landgcape El - - lnraalron @ Iree E Pesl E Landscape Design @
WILLIAMS MAGICAL WILL COMPLETE THE FOLL'OWING,
a.)parts and plant lisl is atlached b.)Monet Bridge 4'x8'
c )Boulders will be mixed smooth browns, grays wilh some white
d ) Bond Beam wrll be rnstall e.) Electric and Plumbrng
f.) 4 Botlom drains (2) with aerated and (2) non-aerated botlom drain
g.) (2) Auro fifls h.) (4) small PT boxes in the back of pond
r.)(2) Life Support Stations J.) rock bridge on the right side of the pond
2,) INSTALL PAVER WALK PATH TO THE BRIOGE ANO SMALL SITTING AREA ONLY (OTHER IS ROCK)
3.) INSTALL RAISED PAVER PATIO 14x14 PER THE DRAWING
5 ) INSTALL FIRE PIT (NOI GAS)
6. ) INSTALL WATERFALL AT THE BACK OF THE BENCH PER THE DRAWING (SPiIIWAY ANd |ighl bAT)
7 )INSTALL (3) RAISED BEOS WITH THE RETAINING WALL BLOCK PER THE DRAWING
8,) INSTALL VERTICAL AOUAPONIC BEO - WITH TRELLIS ABOVE WITH QUEENS WREATH INSTALLED
' 01 I 15 r LED L qhts and l1 ) ]'ransformer
I expect th6e !€rvrces to betin no rooner tha or later lhan
aware lhat more detailed information reSardinS lhis conlta( t for 5ervrceg i5 plrn ted on the reverle
I a8r€e to pay ,u'N(;, according to the ,ollowing paymed ule
PAYMENT
I h.vc rcad .nd ac(cpl all ol the Iennr and Coodrtionr. l- k initi"l,
TIRIM PAYM€NT
flNAl
loB ToTAt
ln r5 proposal is for a design , the followrag will apply: I expect to pay an eamst money Paytn€nt o{
t lor this prrryxrsal on receiPt of this <tesrgn. I undersland I have the riSht lo:
Tacl l\!l\'t(;r lo perform lao dscaprng servrces as proposed, agarnsl which my earnest money
b.)
payment will apply.
Nol contrict NV!{;'sr !€rvic6 and rxvn all pa rts of the propo5a I for an additional
DATE
26.000
13,000
r 3,000
52,000
o7/2018 EDATE:
SiSnature Client SiSnalure
€2^
1.) INSTALL KOI PONO PER THE ATTACHED DRAWING 20X35
4,) INSTALL TREMRON BUITT IN EENCH PER THE ORAWING
lam
side o, thir contract.
10.B.1
Packet Pg. 91 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Era
SKETCH OF BOUNDARY SURVEY
lot 19, Eoa4fio @*ab dfrtcddstaiat h Prtur It &,s 4 tn4, dlr
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BENCHNTARKt-\\l) staRl'lcEs. INC.
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t
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BASED Ufr{'I AIT ASSUUED OaRNC Of
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s 89'57d8'E
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L-2= S l'0832 E 217.51' P.s I pc(g E 217.57 M.
L3= S 1'1035' E 127.50 P-s t.0t51. E 127.52' M-
10.B.1
Packet Pg. 92 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
E-+
Williams Magical Garden Center & Landscape, lnc.lnvoice
l7l 7 Pine Ridge Road
Naples, FL 34109
glll To
Rao Kramq
9126 Thc Lanc
Naplcs, FL 34109
Dats lnvolca fl
gBOnOtE 9271
Shlp To
Rop ProlectPhone #Web Sito Du6 Oale
239-597 44t4 www.wil liansrugical.com 9/3020rE Dara 08-13-201t tandscapc
It€m DescrlpUon Ouarn y Pdcs Each Amount
|,3,10.00
685.00
370.@
250.00
375.m
53,000.00
1,750.00
6,030.6E
13,().00
6E5.00
370.00
250.00
3.75
53,000.q)
t,750.00
tlndrcec Scrvicc - Originrl CorttraEt
Landgc+e Sqvioc - ADD ON
?crgoh to thc mrll Prtio
Lrn&c8pc S€rvicc - ADD ON
'Rcnovc $Gp! lnd turn inro wsr.rfdl
landscapc Scrvicc - ADD ON
tElcclric wss budSd€d rt $ l5(D.00 in thc originsl conEsct
and thc dcctic camc in !t t2E40.00 diftrcocc 31340.00
Lridsc8F S{rvicc - ADD ON
.Morc thc fountaia o tic for - movod Mcc
Landscrpe Servicc. ADD ON
'Saio both bridgcs
tandscapc Scwicc - ADD ON
'ExE! Lin.r for mrkinS thc sd!8m long.r thrn thc origiml
conca(t
lardscaps Scrvice - ADD ON
'Extrs Rock duc to nEkirt thc u,rtafcEnrc lorgcr
L,Itdscape Sc.vi@ -
Lrn&cspinS Scri/ic.
Lrndscsping Sqvicc
lrndscaping S€wioc
Landscoping Scrvice
landscaping Scrvicc
Landscalinr SEE:
tandscaping Scvice
t oadscaping Scrvicc
I$dscapin8 S€rvicc
Landscaping S.rvic.
F
4J00.00
672.68
Subtota!
Sales Tax (6.0%)
Total $69,223.36
Payrnents/Credlts -r3e,mo.oo
Thc rttrs & f€ca lra .stablirhcd & agrctd upon bawcar thc ponics rrith thc undcsturding
thrt psyrncob I'r duc undcr thc tcrmr haa( or duc pur3ulnt to statancno rqrdcrcd, rrp
duc & p8yabh whcr| duc or whcn rndcred
Poymans thu arc duc but not paid within tltl (10) dayr shall bcar intcrsst d I lno/o F
month frorn dlc &te due- If lrty strt .n at E mins unpaid for forty-ivc (45) days or morc &
thc rarnc is rtfurtd to ou! rttom.ys for collcction, thc qrstomcr sgl!.! to pay collEtion
costs.
Phonq 239-597-44 I 4
Balance Due $30.223.36
6f
hests_
'To raisc drc bock arca lcvd with dilt 8Dd rip rap
t ndscape S.rvice - ADD ON
'PlmtinSs to thc bqcklidc of watsfcaturr to hold soil ioplscc
'(l ) sdded PyEny dstc pilm triplc
r00
6,030.68
-s\s{$
4JtD.00
672.68
s69,223.36
s0.00
10.B.1
Packet Pg. 93 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
E-5
Not as per Contract:. Size of Pond is 40% smaller. Sittino Area is 12 x 12 instead 14 x 14:kk=s3o.e urosh rA-€ JietjTo.i-+ o[- .Fke 615-1.7eu--r
Finishing the Pond includes but is not limited to these items:. Bridge floor needs to be stained according to samples that will be provided as
discussed. Pergolas need to be finished building and stained to samples to be provided as
discussed. Waterfall by Sitting area needs to be built instead of thE backside as discussed. All waterfalls need to be leveled out and if water fiow is too, pump size might be
too low for having waterfalls. All water lights need to be adjusted and made invisible as discussed, there needs
to be light in the water as per sample photos sent. The plateau needs to be stone.covered and there need to be a bench in the back
of it as discussed. The pumps can be heard right now, this needs to be changed so the pump noise
can no longer be heard by either making the water sound louder or dampening
the pump sound or both (Cave was planned). Aquaponics System on the back and side need to be finished and installed fully
functional. On both sides of the tables needs to be a 2-3 feet leveled path to
stand on, details to be discussed (possibly pavers?). The backside needs to
covered with gravel or other subslrate that we can agree on. Fully functional ebb & flow Stone Aquaponics need to be installed on the side as
per original contract and as discussed - r.k Pbtl€,s. All missing plants installed including plants for pergola as discussed. Bridge needs to be patched/painted where there is a hole as discussed. Reallocation of arica palm as discussed. Turtle beach with 1 foot sand and'banied stones to prevent escape of the turtles
as discussed. Fish Lookout
Not satisfied items:. Split Stone in Waterfall. Cover of Skimmer. Not covered black part of big waterfall top. Pebbles before Bridge
Affer finishing the project:. Finishing conditioning of pond water to the state where fish and turtles can be
living inside the pond. lf needed, working on water flodaeration to provide optimal nutrients to the
plants in the aquaponics systems. Complete instructions of how to maintain and service the pond with installed
equipment.
Extra not included and to be offered
\tDi ((is.ug Re,{o Vcq.q^ec_€5
pond area
"a
d.tc.
10.B.1
Packet Pg. 94 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Printed: '1119/2018 9:51:27 AM
Sto.e: 1 L G Sales Receipt #HELD
11191m18
Cashisr: OANA
Page 1
Wlliams Magical Garden Center & Landscape
1717 Pino Ridga Road
Napl€s, FL 34109
Phme: 2395974414
www.williamsmagicallardscaping.cqn
Email: williamsmagicallandscaping@gmail.com
Item # ltom Naflro
655
313
89
93
760
43
2076
43
13
43
13
43
43
Itsm on
HONG KONG ORCHID
C@OPLUM
ARECA PALM
ARECA PALM
LIRIOPE SUPER BLUE
INSTALLANON
MAPLE RED
REMOVE STAIN (2) DAYS LABOR
STAIN
NOR'ITIEND WALI(WAY ROCK ELEVI
(2) ADOED LTGHTS
MOVE ANO SETUP FOUNTAIN WITH CONCRETE PAD
FISH LOOKOUT CREDIT
Slze
tr25
#3
#15
t7
t1
t25
Orl Prlce Prlco Ext Prlco fa)
1
7
J
1
10
1
_1
1
,|
2
4
-,1
s317.00
$14.97
$97.00
$47.70
s5.27
3528.57
$287.00
318s.00
$7.50
5r,200.00
$7.s0
s1,100.00
($1,200.00)
$317.00
$14.97
$97.00
$47.70
$5.27
s528.57
$287.00
s 185.00
$290.00
$1,200.00
$290.00
$110.00
$1,200.00
9317.00 T
s104.79 T
s291.00 T
s47.70 T
s52.70 T
3528.57
(s287.00) T
$925.00
$290.00 T
$,200.00
s580.00 T
$440.00
($1,200.00)
Subtotal:
Local Sales T& %fal/(.
RECEIPT TOTAL:
$3,289.76
+ $83.77
$3,373.53
KRAMER EXTRA TO THE CONTRACT
11-&18
Thanks br shopping with us and havo a Magicd Oayll
HELD
REPRINTED
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10.B.1
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January 16, 201 9
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And here is a photograph ofthe as-built pond:
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Williams Magical Garden Center & Landscape, LLC
lanuary 16,2019
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12. In numerous places, electrical cable and liner are exposed, visible, and unsightly:
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There are also several liner leaks on the "river" side.
13. The "makeshift" stone bench is loose and the sides are not fixed and covered as agreed
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Williams Magical Garden Center & Landscape, LLC
January 16, 201 9
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14. At least one of the two UV filter systems has been leaking from installation and has never
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As such, the bench is unsightly, unsafe, and unusable. The result is completely
unacceptable, especially considering the Kramers specifically met with Mr. Tom
Williams to select materials for this bench, which selections were ignored.
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15. All pergola plants were agreed and selected but never installed
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lanuary 16,2019
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Williams Magical Garden Center & Landscape, LLC
January 16, 201 9
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16. Likewise, the tops of the wooden pergola are loose and are separating from the frame and
falling oft
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January 16, 2019
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17. The aerator is not connected to the aquaponics system:
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Williams Magical Garden Center & Landscape, LLC
January 16, 2019
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18. The pumps and filters were not installed in accordance with the manufacturer,s
instructions. The manufacturer's diagram:
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The Kramers' installation:
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Williams Magical Garden Center & Landscape, LLC
January 16, 2019
Page I 9
19. It was promised and expected that pump noise would not be audible. Pumps were
promised to be installed in a stone cave housing. However, as noted in # 2 above, the
stone cave was unilaterally eliminated by Williams Magical. Currently, the pump noise
drowns out all other sounds, including the waterfalls. See uncovered pumps below:
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January 16, 2019
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20. The sprinkler system was modified and is now not working properly. As a result, areas of
sod which formerly has rich green tones have died, and the Kramers have been provided
with an estimate of $2,500 to fix the sprinkler malfunction. See below:
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January 16, 2019
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21. Underwater lighting was never installed by Williams Magical. Below are photos of the
pond lighting system being tested, however, such lighting was never installed:
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Williams Magical Garden Center & Landscape, LLC
January 16, 201 9
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As a result, at nighttime the koi pond is dark and does nor achieve its intended and much
desired effects.
22. Similarly, the lights on the river were supposed to be installed on the inside rim and were
installed outside on the outside:
23. The skimmel installation is ineffective and fails to function. The water return to the pump
was improperly installed such that water does not pass through the skimmer on its way
from the pond:
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January 16,2019
Page 27
24. The filtration system was installed improperly, resulting in frequent clogs and damage to
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plumbing to the drainage has never been made:
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Licensing Section
28OO North Horseshoe Drive
APPLICATION FOR
COLLIER COUNTY/CITY OF NAPLES/C
TNSTRUCTIONS: This appiication must be truewritten or
lccompany this application. The fee is not refundable after the application
lhe records. AII checks should be made payable to the Board of Collie
irrther information, consult Collier Corrnty Ordinance No. 90-10b, as amended
IUALIFIER INFORMATTONI
prin e application fee must
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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 ie legally qualified to act on
behalf of the bueiness organization sought to be certiEed 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 aU contracting matters, he wiII be held strictly
accountable for any and all activities involving his license.
Any willful falsification on any information contained herein is grounds for disqualification.*Iho ? tJi\tl
APPLICANT (Please Print)
IJ
NAME OF COMP i-o.dsc"pe
STATE OFFLORIDA
COI]NTTY OF
The foregoing instrument was acknowledgod before me this
IGN OFAPPLICANT
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who has produccd +L r (Date) Il)tv er h l e (t\/>Q
(Tlpe of identfication)
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(name of person acknowledging)
as identification and who did not take an oath.
NOTARY'S SEAI
SIGNATURE OF NOTARY
D''un" (1 ('hrrl<'-'
(PRINT NAME OF NOTARY PI]BLIC)
NOTARY PUBLIC
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10.B.1
Packet Pg. 134 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
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WLLIAMS MAGICAL GARDEN CENTER AND LANDSCAPE
Filing lnformation
Registration Number G13000000286
Status ACTIVE
Filed Date 0110212013
ExpirationDate 1213112023
Current Owners 2
County COLLIER
Total Pages 2
Events Filed 1
FEUEIN Number NONE
Mailing Address
,I717 PINE RIDGE ROAD
NAPLES. FL 34109
Owner lnformation
WILLIAIVIS, THOMAS R
1717 PINE RIDGE ROAD
NAPLES, FL 34109
FEUEIN Number: NONE
Document Number: NONE
WLLIAMS. MARY C
1717 PINE RIDGE ROAD
NAPLES. FL 34109
FEUEIN Number: NONE
Document Number: NONE
Document lmages
01/02/2013 - Fictitious Name Filino
0211212018 - Fictitious Name RenewalFilino
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Fictitious Name
10.B.1
Packet Pg. 135 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
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frnolas n. wrLLtAlls (Daa) WTLLTAMS IIAGICAL GAROEN CENTER AND LANDSCAPE, Address:1717 PINE RIDGE RD, Phoner(239) s97-44:
Eni Oate Primanr?Cootac,t AlertOescriptionGoUnkTvoe
\1IILLIAMS, AddTessI690O N. AIRPORTRO. NORQualifier]THOMAS R.
oI
: iContractor
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tr
!WIZZARD LAKE NURSERY INC. (CLOSED), AddTCS5:1717 PI 0u?8/2013
€?t
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Primary (239) s92-1s22
THOMAS R. WTUIAMS (OBA} WILLIAMS MAGICAL GARDENContractor
10.B.1
Packet Pg. 136 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
COLLIER COUNry
CERTIFICATE OF COMPETENCY E-qq
CERTIFICATION INFORMATION
LCC201 30000742 Certification lnformation
Collier County Board of County Commissioners Date: Septembet 12, 2019
PHONE: 2395974414
CELL: 2392692100
FAX: 2395977044
LICENSEE NBR:
1CC20130000742
INSURANCE
QUALIFIER:
TYPE:
CLASS CODE
ISSUANCE NBR
THOMAS R. WILLIAMS
LANDSCAPING UNLIMITED CONTR.
4230
201300000406
ORIG ISSD:
September 21, '1982
EXPIRATION:
September 30, 2020General Liability
Aptil2l , 2020
Worker's Compensation
April2l . 2020
NOTE: lt is the Qualifier's responsibility to keep all business, licensing and requirements current
and to provide up to date copies for Collier county files. This includes all insurance certificates
and any change of address information.
Couie. County . City of ilarco . City of ilaples
Contractoa LiaensinB
LAXDSCAPII{G UI{LIIIITED COIITR.
Cert Nbr: Exp: Status:
LCC20L30OOO742 O9/3O/202O Active
THoMAs R. |,{ILLTA,.IS (08A)
I,{ILLIAI{S I'IAGICAL GAROEN CEI.{TER AND LANDSCAPE
THOI.IAS R. I{ILLIMS
1717 PII./E RID6E RO
NAPLES, FL 34109
signed:€?c
DBA: THOMAS R. WILLIAMS (DBA) WILLIAMS MAGICAL GARDEN CENTER AND
LANDSCAPE
ADDRESS: 1717 PINE RIDGE RD
NAPLES, FL 34109
10.B.1
Packet Pg. 137 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
COLLIER COUNTY
CERTIFICATE OF COMPETENCY
THOMAS R. WILLIAMS
PAVING BLOCKS
L-\1
EXPIRATION:
September 30, 2020
CERTIFICATION INFORMATION
LCC201 30000742 Certification lnformation
Collier County Board of County Commissioners Date: Septembet 12, 2019
DBA: THOMAS R. WILLIAMS (DBA) WILLIAMS MAGICAL GARDEN CENTER AND
LANDSCAPE
ADDRESS: 1717 PINE RIDGE RD
NAPLES, FL 34109
PHONE: 2395974414
LICENSEE NBR:
1CC20130000742
QUALIFIER
TYPE:
CLASS CODE
ISSUANCE NBR
4290
201300000407
ORIG ISSD:
October 09, 2000General Liability
Aptil2l , 2020
Worker's Compensation
Aptil2l , 2020
NOTE: lt is the Qualifier's responsibility to keep all business, licensing and requirements current
and to provide up to date copies for Collier county files. This includes all insurance certificates
and any change of address information.
colLier county * city of ltarco ' City of t{aples
contaactor Licensing
PAVIM 8I0(1(s
Cert Nbr: Exp: Status:
LCC2AL3OOO0742 09/30/2020 Active
THOMAS R. I,{ILLIAJ4S (DBA)
WILLIAi.IS MGICAL GAROEN CENTER AND LANDSCAPE
THOI4AS R. WILLIAMS
1717 PINE RIDGE RD
NAPLES, FL 34109
Signed:
INSURANCE:
CELL: 2392692100
FAX 2395977044
€??
10.B.1
Packet Pg. 138 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
COLLIER COUNTY
CERTIFICATE OF COMPETENCY L-30
CERTIFICATION INFORMATION
LCC201 30000742 Certification lnformation
Collier County Board of County Commissioners Date: September 12, 2019
DBA: THOMAS R. WILLIAMS (DBA) WILLIAMS MAGICAL GARDEN CENTER AND
LANDSCAPE
ADDRESS: 17'17 PINE RIDGE RD
NAPLES, FL 34109
PHONE: 2395974414
CELL: 2392692'100
FltX: 2395977044
LICENSEE NBR:
1CC20130000742
QUALIFIER
TYPE:
CLASS CODE
ISSUANCE NBR
THOMAS R. WILLIAMS
NON RECREATIONAL POND WATERFALL FOUNTAIN
1612
201300000408
ORIG ISSD:
October 09, 2000
EXPIRATION:
September 30, 2020General Liability
Aptilzl , 2020
Worker's Compensation
Aptil2l , 2020
NOTE: lt is the Qualifier's responsibility to keep all business, licensing and requirements current
and to provide up to date copies for Collier county files. This includes all insurance certificates
and any change of address information.
Collier County . City of itarco . City of t{ap1es
contra(tor Li<ensint
iIOI{ RECREATIOI{/TL POIIO I{ATERFALL FOjNTAIN
Cert Nbr: Expi Status:
LCC20|300OO742 O9/3O/202O Active
THOIVIAS R. I.]]LLIMS (DBA)
IIILLIAi'1S I.TAGICAL GARDEN CENTER AND LANDSCAPE
THOI1AS R. I,{ILLIAJiIS
1717 PINE RID6E RD
NAPLES, FL 34109
signed:6fo
INSURANCE:
10.B.1
Packet Pg. 139 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
D-51
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Business organizatlon means any partnership, corporation, business trust, joint venture, or other
legal entity which engages or offers to engage in the business of contracting or acts as a contractor as
defined in this section.
Contracting means, except as exempted in this part, engaging in business as a contractor and
includes, but is not limited to, performance of any of the acts as set forth in subsectaon (3) which deflne
types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract
on these services also constitutes contracling. lf the services offered require licensure or agent
qualification, the offering, negotiation for a bid, or attempted sale of these services requires the
corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership,
corporation, trust, or other legal entity that offers to sell or sells completed residences on property on
which the individual or business entity has any legal or equitable interest, if the services of a qualified
contractor certified or registered pursuant to the requirements of this chapter have been or will be
retained for the purpose of constructing such residences.
Contractor means the person who is qualified for and responsible for the entire pro.lect contracted for
and, except for those herein exempted, the person who, for compensation, unde(akes to, or submits a
bid to, or does himself or by others, any or all of the following: construct, repair, alter, remodel, add to,
demolish, subtract from, or improve any building or structure, rncluding related improvements to real
estate, for others, or for resale to others, as hereinafter defined in this section.
(1) General contractor requires 48 monlhs experience with a passing grade on an approved test and
a business and law test and means a contractor whose services are unlimited as to the type of
work which he/she may do, excepl as provided in this article or in the Florida Statutes. (See also
the definition of subcontractors.)
(2\ Building contractor requires 48 months experience with a passing grade on an approved test and
a business and law test and means a contractor whose services are limited to construction of
commercial buildings and single-dwelling or multiple-dwelling residential buildings, which
commercial or residential buildings do not exceed three stories in height, and accessory use
structures in connection therewith or a contractor whose services are limited to remodeling, repair,
or improvement of any size building if the services do not affect the structural members of the
building. (See also the definition of subcontractor.)
(3) Residential contractor requires 48 months experience with a passing grade on an approved test
and a business and law test and means a contractor whose services are limited to construction,
remodeling, repair, or improvement of one-family, twojamily, or three-family residences not
exceeding two stories in height and accessory use structures in connection therewith. (See also
the definition of subcontractor.)
(4) Contractor qualifications for practice and restrictions include the following:
a. A general, building, or residential contractor shall not be required to subcontract the
installation, or repair made under warranty, of wood shingles, wood shakes, asphalt or
fiberglass shingle roofing materials on a new building of his own construction. Further, a
general contractor on new site development work, site redevelopment work, mobile home
parks, and commercial properties shall not be required to subcontract the construction of the
main sanitary sewer collection system, the stormwater collection system, and the water
distribution system, not including the continuation of utility lines from the mains to the
buildings. Further, as to mobile home parks, the general contractor shall not be required to
subcontract the continuation of utility lines from the mains, and the continuations are to be
considered a part of the main sewer collection and main water distribution systems.
However, no general, building or residential contractor state certified after 1973 shall act as,
€51
Sec. 22-762. - Definitions and contractor qualifications.
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Packet Pg. 140 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
€52-
L, t'r
rough cut and dress stone, artificial stone and precast blocks, glass brick or block, but who shall
not pour or finish concrete.
(29) Paving blocks contractor rcquires 24 months experience in the respective construction plus a
passing grade on an approved test and a passing grade on a business and law test, and means
those persons who are qualified to construct driveways, sidewalks, patios and decks, using
concrete paving units.
(30) Painting contractor requires 24 months experience, a passing grade on an approved test and
a passing grade on a business and law test and means those who are qualified to use spraying
equipment as well as hand tools to finish both exterior and interior work. A painting contractor
may do paperhanging, sandblasting, waterproofing, and may clean and paint roofs.
(31) Paving contractor (commercial or unlimited) requires 36 months experience, a passing grade
on an approved test and a passing grade on a business and law test, and means those who are
qualified with the experience and skill to construct roads, airport runways and aprons, parking
lots, sidewalks, curbs and gutters, storm drainage facilities, and to perform the excavating,
clearing, and grading incidental thereto.
(32) Plasteing and stucco contractor requires 36 months experience, a passing grade on an
approved test and a passing grade on a business and law test, and means those who are qualified
to coat surfaces, including lathing and drywall, with a mixture of sand or other aggregate gypsum
plaster, Portland cement or quicklime and water, or any combination of such materials such as to
create a permanent surface coating. This category does not include the plastering of the interior
of a pool.
(33) Pollutant storage contractor means a contractor who installs a pollutant storage tank. Said
contractor must have a state pollutant storage license. A county certificate of competency is not
available for this category.
(34) Reinforced steel contractor tequires 36 months experience, a passing grade on an approved
test and a passing grade on a business and law test, and means those who are qualified to
fabricate, place, and tie steel reinforcing bars (rods) of any proflle, perimeter, or cross-section,
that are or may be used to reinforce concrete buildings and structures in such a manner that,
under all agreed specifications, steel reinforcing bars (rods) for concrete buildings and structures
can be fabricated, placed, and tied.
(35) Roof coating, roof painting, and roof cleaning contractor requires 24 months experience, a
passing grade on a business and law test, and means any person who is qualified to clean, paint
or coat a roof by means of pressure-operated equlpment, hand application or otherwise. This
category does not include roof repair.
(36) Sandblasting contractor .equircs 24 months experience, a passing grade on a business and
law test, and means any person who is qualified to operate a sandblasting machine.
(37) Satel/lte dish installation contractor requires 24 months experience, a passing grade on a
business and law test and means any person who is qualified to erect, install, maintain, repair,
alter or design, where not prohibited by law, any satellite dish provided all work is performed in
accordance with applicable Collier County or city ordinances. lf installation includes a concrete
base, the base shall be limited in size to two cubic yards of concrete.
(38) Sealing and striping contractor tequires 24 months experience, a passing grade on a business
and law test, and means those who are qualified with the experience and skill to seal or stripe
driveways, parking lots, sidewalks, and patios. The scope of work shall include asphalt patching
incidental to sealing up to 20 square feet per patch in a manner that does not use a mechanical
spreader or paver.
(39) Exterior covering by aftificial stucco system contractor, applicable to exterior insulation and
finish systems (EIFS), exterior one coat stucco systems, and exterior dry stock block wall systems
whenever the specific system requires its own certification (approval) of the installer. EIFS
includes, but is not limited to, the following registered trademarks/tradenames: SUREWALL,
10.B.1
Packet Pg. 141 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
E-1%
(21) Gasoline tank and pump contracfor requires 48 months experience and a passing grade on an
approved test and a passing grade on a business and law test and means those who are qualified
to install, maintain, repair, alter, or extend any aboveground system used for the storing and
dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures (not
to include pollutant storage).
(22) Glass and glazing contractor rcqutes 24 months experience, a passing grade on an approved
test and a passing grade on a business and la\M test, and means those who are qualified to select,
cut, assemble, and install all makes and kinds of glass and glass work, and execute the glazing
frames, panels, sash and door and holding metal frames, ornamental decorations, mirrors, tub,
shower enclosures, and portable partitions. The scope of work shall include the anstallation of
hurricane shutters or devices that are integral with the window system.
(23) lnsulation contractor:
a. All types except buildings - requires 36 months experience, a passing grade on an approved
test and a passing grade on a business and law test, and means those who are qualifled to
install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or
gain of heat, from internal or external sources on pipes, vessels, ducts, fire stopping
materials, sprayed-on fire resistive materials, or built-up refrigerated boxes or rooms, and
acoustical materials.
b. Buildings - requires 24 months experience, a passing grade on an approved test and a
passing grade on a business and law test, and means those who are qualified to install,
maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of
heat from rooms or buildings.
(24) lrrigation sprinkler contractor requires 24 months experience and a passing grade on an
approved test and a passing grade on a business and law test and means any person who is
qualifled to install, maintain, repair, alter or extend all piping and sprinkler heads used for
irrigation, including any required connections to a water pump, however, such work does not
include direct connection to potable water lines.
(25) Landscaping contracfor requires 12 months experience and a passing grade on a business and
law test and means any person who is qualified to install and/or femove trees, shrubs, sod,
decorative stone and/or rocks, timber and plant materials, and concrete paving units for
sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged
fountains, or waterfalls, provided same does not include connection to a sanitary sewer system,
portable water line, or to any electrical installation, which tasks must be performed by tradesmen
licensed in the relevant trade. Landscape contractors may contract for only removal and/or
trimming of trees and/or other combination of the authorized services.
All new applicants applying for landscaping license are required to obtain a passing grade on an
approved exam pertaining to pruning and safety, in addition to the business and law exam.
(26) Liquefied petroleum gas installation contractor means any person qualified and licensed
pursuant to F.S. ch. 527 to install apparatus, piping and tubing, and appliances and equipment
necessary for storing and converting liquefied petroleum gas lnto flame for light, heat, and power.
Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor
penetrations created within the scope ofthe work allowed by this section.
(27) Marine, seawall, and dock construction contractor rcquires 36 months experience, a passing
grade on an approved test and a passing grade on a business and law test, and means those
who are qualified to build and install bulkheads, revetments, docks, piers, wharves, groins,
boathouses, lifts and davits, and to do pile driving. Electrical service and wjring must be provided
by a licensed electrical contractor.
(28) Masonry contractor requires 36 months experience, a passing grade on an approved test and
a passing grade on a business and law test and means those who are qualified to select, cut, and
lay brick and concrete block or any other unit masonry products, Iay other baked clay products,
€53
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Packet Pg. 142 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
L-5\
employed or supervised by an air conditioning or mechanical contractor. This provision does not
apply to any individual who then holds a valid, active journeyman's license in the mechanical
trade and that license was issued by any Florida County or Florida Municipality when that licensee
complied with all reciprocity criteria of F.S. S 489.1455.
(8) Commercial pool/spa contractor requires 36 months experience with a passing grade on an
approved test and a passing grade on a business and law test and means a contractor whose
scope of work involves, but is not limited to, the construction, repair, and servicing of any
swimming pool, or hot tub or spa, whether public, private, or otherwise, regardless of use. The
scope of work includes the installation, repair, or replacement of existing equipment, any cleaning
or equipment sanitizing which requires at least a partial disassembling, excludang filter changes,
and the installation of new pool/spa equipment, interior finishes, the installation of package pool
heaters, the installation of all perimeter piping and filter piping, and the construction of equipment
rooms or housing for pool/spa equipment, and also includes the scope of work of a swimming
pool/spa servicing contractor. The scope of such work does not include direct connections to a
sanitary sewer system or to potable water lines. The installation, construction, modification, or
replacement of equipment permanently attached to and associated with the pool or spa for the
purpose of water treatment or cleaning of the pool or spa requires licensurei however, the usage
of such equipment for the purposes of water treatment or cleaning shall not require licensure
unless the usage involves construction, modification, or replacement of such equipment. Water
treatment that does not require such equipment does not require a license. ln addition, a license
shall not be required for the cleaning of the pool or spa in any way that does not affect the
structural integrity of the pool or spa or its associated equipment.
(9) Residential pool/spa contractor requires 24 months experience with a passing grade on an
approved test and a passing grade on a business and law test and means a contractor whose
scope of work involves, but is not limited to, the construction, repair, and servicing of any
residential swimming pool, or hot tub or spa, regardless of use. The scope of work includes the
installation, repair, or replacement of existing equipment, any cleaning or equipment sanitizing
which requires at least a partial disassembling, excluding filter changes, and the installation of
new pool/spa equipment, interior finishes, the installation of package pool heaters, the installation
of all perimeter piping and filter piping, and the construction of equipment rooms or housing for
pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing
contractor. The scope of such work does not include direct connections to a sanitary sewer
system or to potable water lines. The installation, construction, modification, or replacement of
equipment permanently attached to and associated with the pool or spa for the purpose of water
treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment
for the purposes of water treatment or cleaning shall not require licensure unless the usage
involves construction, modification, or replacement of such equipment. Water treatment that does
not require such equipment does not require a license. ln addition, a license shall not be required
for the cleaning of the pool or spa in any way that does not affect the structural integrity of the
pool or spa or its associated equipment.
(9.1) Nonrecreational pond wateiall fountain contractor requires 24 months experience with a
passing glade on a business and law test and means any person whose scope of work is limited
to the construction of nonrecreational ponds, waterfalls and/or fountains. However, the scope of
such work does not include direct connections to a sanitary sewer system, potable water lines, or
to any electrical installation.
(10) Swimming pool/spa seNicing/repair contractor rcquircs 24 months experience with a passing
grade on an approved test and a passing grade on a business and law test and means a
contractor whose scope of work involves, but is not limited to, the repair and servicing of any
swimming pool, or hot tub or spa, whether public or private, or otherwise, regardless of use. The
scope of work includes the repair or replacement of existing equipment, any cleaning or
equipment sanitizing which requires at least a partial disassembling, excluding filter changes, and
the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool
heaters, the repair or replacement of all perimeter piping and fllter piping, the repair of equipment
rooms or housing for pool/spa equipment, and the substantial or complete draining of a swimming
65?
10.B.1
Packet Pg. 143 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
L-55
IAI 105.1 Required
Any owner or owner's authorized atent who intends to construct, enlarge, alter, repair, anova, demolish or chanSe the occupancy of a bu;lding or
structure, or to erect, inslall, enlatBe, allet, rcpair, remove, (onvert or replace any impact-resistanl coverinSs. electrical, gas, mechanicalor plumbinS
system, the installation ofwhich is retuiated by this code, or to cause any such work to be performed, shall first make application \o the building officlal
and obtain the requared permlt
lAl105.1.1 Annual l.clllty p.rmlt
ln lieu ofan individ ua I pe rmitfor each alterationto an existan8 electrical, gas, mechanical, plumbinB or interior nonstructuraloffice system(s), the
buildint officialis aulhorized to issue an annualpermitfo( any o<<\Jpancy to fa(ilitate routine or emerg€ncy servi(e,repair, refurbishin& mtnor
renovations ofservice systems or manufacturing equipment installataons/relocations. The building offlclalshall be notified of m.jor changes and shall
retain the rightto make inspections at the facilitysite as deemed necessary. An annualfacility permit shaltbe assessed with an annualfee and shall
be valid for one year from date ofissuance. A separate permitshall be obtained for eachfacility and for each construction trade, as applicable. The
permit application shall contain a Seneral description of the parameters ofwork in(ended to be performed during the year.
lAl tos.1.2 Annurl permit r.cordJ
The person to whom an annualpemf is issued shall keep a detailed re(ord ol alteQtions fiade tnder such annualpermlt The building official shall
have access to such records at all times or such records shall be filed with the building official aa deaignated.
105.1.3 tood permlt
ln ac(ordance with Section5OO.12, Florida StatureS a food permat from the Department of Atriculture and Consumer Services as required of any
person who operates a food establishment or retailstore.
105.1.4 Public rwimmint
pool
The local enforcint agenry may not issue a building permit to construct, develop, or modiry a publicswimmint poolwithout proof of applicatron,
whether complete or incomplete, for an operating permit pursuant to Sec(ion514.031, Flotida Statutes. A cenifiaate of aompletion or occupan(y may
not be issued untilsuch operatint permit is issued. The local enforainS agenay 5hallcondu(t their review ofthe buildinS permit application upon flling
and in accordan.ewith Chaptet 553, Flo da Statutes. The localenfor(ing a8ency may confer with the Depanment of Heakh, ifne(essary, but may not
delay the building permit application reviewwhile awaitinS comment from the Department of Health.
€55
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10.B.1
Packet Pg. 144 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Collier County, FL Code ofOrdinances Page I of5
E-5GSec.22-201. - M iscond uct-Collier County/city certificate of competency
The following actions by a holder of a Collier County/City Certificate of Competency shall
constitute misconduct and grounds for discipline pursuant to section 22-202:
(1) Knowingly combining or conspiring with an unlicensed contractor by allowing
one's Certificate of Competency to be used by an unlicensed contractor with
intent to evade the provisions of this Ordinance. When a licensed contractor
acts as the qualifying agent for any firm without first making application
under this Ordinance to represent said firm, such act shall constitute prima
facie evidence of intent to evade the provisions of this Ordinance. When a
certificate holder allows his certificate to be used by one or more companies
without having any active participation in the operations, management, and
control of such companies, such act constitutes prima facie evidence of an
intent to evade the provisions of this Ordinance. Active participation requires
job site supervision, knowledge of and participation in the business
operations of the company(s), including all contractual matters.
a. lf any individual qualifying any business organization ceases to be
affiliated with such business organization, he shall so inform the Board.
ln addition if such individual is the only certified individual affiliated with
the business organization, the business organization shall notifu the
Board of the individual's termination and shall have no more than sixty
(60) days from the date of termination of the individual's affiliation with
the business organization in which to affiliate with another person
certified under the provisions of this article. ln any event, the business
organization shall not enter into any new contracts and may not engage
in any new contracting until such time as a qualifying agent is employed.
(2) Contracting to do any work outside of the scope of his/her competency as
listed on his/her competency card and as defined in this ordinance or as
restricted by the Contractors' Licensing Board.
(3) Abandoning a construction project in which he/she is engaged or under
contract as a contractor. A project may be presumed abandoned if the
contractor terminates the project without just cause, or fails to notif,/ the
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Packet Pg. 145 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Collier County, FL Code of Ordinances Page 2 of5
E-61
owner in writing of termination of the contract and basis for same, or fails to
perform work for ninety (90) consecutive days without just cause and no said
notice to the owner.
(4) Diverting funds or property received for the execution of a specific contract
project or operation or diverting funds earmarked for a specified purpose to
any other use whatsoever.
(5) Departing from or disregarding in any material respect the plans or
specifications of a construction job without the consent of the owner or his
duly auth orized rep resentative.
(6) Disregards or violates, in the performance of his contracting business in
Collier County, any of the building, safety, health, insurance or Workers'
Compensation laws of the State of Florida or ordinances of this County.
(7) Falsifying or misrepresenting any material fact in his application and
supporting papers for the purpose of obtaining a Certificate of Competency
under this Ordinance.
(8) Committing mismanagement or misconduct in the practice of contracting
that causes financial harm to a customer. Financial mismanagement or
misconduct includes, but is not limited to, any of the following:
a. The contractor fails to fulfill his/her contractual obligations to a
customer because of inability, refusal or neglect to pay all creditors for
material furnished or work or services performed in the operation of the
business for which he/she is licensed, under any of the following
circu msta nces:
1. Valid liens have been recorded against the property of a
contractor's customer for supplies or services ordered by the
contractor for the customer's job; the contractor has received
funds from the customer to pay for the supplies or services; and
the contractor has not had the liens removed from the property,
by payment or by bond, within 30 days after the date of such liens;
2. The contractor has abandoned a customer's job and the
percentage of completion is less than the percentage of the total
contract price paid to the contractor as of the time of
€57
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10.B.1
Packet Pg. 146 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Collier County, FL Code of Ordinances Page 3 ol5
E-54
abandonment, unless the contractor is entitled to retain such
funds under the terms of the contract or refunds the excess funds
within 30 days after the date the job is abandoned;
3. The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the
original contract price, as adjusted for subsequent change orders,
unless such increase in cost was the result of circumstances
beyond the control of the contractor, was the result of
circumstances caused by the customer, or was otherwise
permitted by the terms of the contract between the contractor and
the customer.
b. The contractor's job been completed, and it is shown that the customer
has incurred financial harm by having to seek a variance or other
administrative remedy because of actions by the contractor.
(9) Performing any act which assists a person or entity in engaging in the
prohibited unlicensed practice of contracting, if the licensed contractor knows
or should have known that the person or entity was unlicensed.
(10) Failing to promptly correct faulty workmanship or promptly replace faulty
materials installed contrary to the provisions of the construction contract.
Faulty workmanship means work that is not commenced, not continued, or
not completed in accordance with all specifications of the applicable written
agreement. Faulty workmanship includes any material flaw(s) in the quality
and/or quantity of the unfinished or finished work product, including any
item that does not function properly as a part of the entire project. lf there is
no written agreement provision regarding the specific faulty workmanship
issue, faulty workmanship exists if the work, process, product or part thereof
does not meet generally accepted standards in Collier County in relation to
the entire project. Faulty workmanship does not include matters of esthetics
unless the esthetically related item clearly violates a written contract
specification directly related thereto.
(11) Failure to maintain at all times, with an insurance company authorized to do
business in the State of Florida, the limits of liability and other categories of
insurance as required by this Ordinance.
(12) Failing to claim or refusing to accept certified mail directed to the contractor
€t8
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10.B.1
Packet Pg. 147 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Collier County. FL Code of Ordinances
E-<1
Page 4 of 5
by the Contractors' Licensing Board, or its designee.
(13) Failing to maintain a current mailing address.
(14) Failing to appear in person or through a duly authorized representative at any
scheduled hearing on a complaint filed against the contractor.
(1 5) Being convicted or found guilty, regardless of adjudication, of a crime in
Collier Counry which directly relates to the practice of contracting or the
ability to p ra ctice contracting.
(16) Allowing another to take a gualifying examination on the appllcant's behalf.
(17) Engaging in contracting business in Collier County or the City when prohibited
from doing so by the Contractors' Licensing Board of Collier County.
(18) Proceeding on any job without obtaining applicable permits or inspections
from the City building and zoning division or the county building review and
permitting department.
(19) Failing in any material respect to comply with the provisions of this Ordinance
as a contractor or as a qualifuing agent for a business entity engaging in
contracting.
(20) Signing a statement with respect to a project or contract falsely indicating
that the work is bonded; falsely indicating that payment has been made for
subcontracted work, labor, or materials which results in a financial loss to the
owner, purchaser, or contractor; or falsely indicating that Workers'
Compensation and public liability insurance are provided.
(21) Failure of a qualifying agent for a firm/legal business entity to comply with the
requirements set forth in F.S. SS 489.119 and 489.1195.
(22) Falsifying or misrepresenting any material fact to another person with the
intent or for the purpose of engaging in the contracting business, providing
materials or services, or soliciting business for an employer, as a contractor,
or as an employee, regardless of any financial consideration.
(23) Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage.
(24) Misconduct in the practice of contracting (see section 22-201 .1. below).
11i26t2019
€57
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Packet Pg. 148 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
Collier County, FL Code of Ordinances
E-6a
Page 5 of 5
(Ord. No.90-105, S 4.1; Ord. No.92-61,5 4; Ord. No.94-34, S 4; Ord. No.97-68, S 1, 10-28-97; Ord
No.99-45,54.1-4.1.24,6-8-99; Ord. No.2002-21,55 1(4.1-4.1.24); Ord. No.2006-46,55
4.1-4j .24, 1 0-10-06)
€(a
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Packet Pg. 149 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
E-61
November 25, 2019
To: Contracting Licensing Board
From: Reto Kramer, 9126 The Lane, Naples FL
Subject: RESTITUTION - 9126 The Lane
Dear Licensing Board,
On August 17 ,2018, I contracted with Williams Magical Garden & Landscape to build a koi
pond and aquaponics system. As partofthe contract, lpaidatotal of $52,000.
Williams Magical Garden abandoned the unfinished project. The part built then collapsed, and
Williams refused to fix the faulty construction. We had no other choice lhan to hire a different
company to fix the damage which cost was 515,700. At the time, we had no idea that this all was
built illegally and that we will lose everything. This cost is a damage that directly resulted from the illegal
built.
I am requesting restitution. Please see the list of expenses incurred. Also, in the itemized list
includes the amount to completely remove the structure and ancillary items included in the
project.
Payments to Williams for building the pond:
S s2,ooo
Cost of repairs of the pond after it collapsed 3 times:
s 1s,7oo
Totaldamage
S 67,700
Best Regards,2
Reto Kramer
€4/
10.B.1
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Description lN *GULF COAST CURB MASTE
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10.B.1
Packet Pg. 157 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11095 : 2019 - 08 - Misconduct - Thomas R.
12/18/2019
COLLIER COUNTY
Contractor Licensing Board
Item Number: 11.A
Item Summary: Wednesday, January 15, 2020
Meeting Date: 12/18/2019
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
12/09/2019 6:06 PM
Submitted by:
Title: Supervisor - Operations – Contractor Licensing Board
Name: Everildo Ybaceta
12/09/2019 6:06 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 12/09/2019 6:06 PM
Contractor Licensing Board Michael Cox Review Item Skipped 12/10/2019 4:34 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/11/2019 12:30 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 12/18/2019 9:00 AM
11.A
Packet Pg. 158