CLB Agenda 01/15/2020COLLIER 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
January 15, 2020
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.
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 December 18, 2019
5. PUBLIC COMMENTS
6. DISCUSSION
6.A. Election of Chairman and Vice Chairman - 2020 Term
6.B. Swimming Pool/ Spa Servicing/ Repair Contractor Review
7. REPORTS
8. NEW BUSINESS
8.A. Orders of the Board
8.B. Jovelino Rodriguez - Reinstatement with Waiver of Exams
9. OLD BUSINESS
10. PUBLIC HEARINGS
10.A. ***This item has been continued from December 18, 2019.*** 2019 - 08 -
Misconduct - Thomas R. Williams - Williams Magical Garden And Landscape
10.B. 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.
11. NEXT MEETING DATE
11.1. Wednesday, February 19, 2020
Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at
252-8383.
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 4.A
Item Summary: Approval of Minutes December 18, 2019
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 12:06 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 12:06 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 12:10 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 3:04 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
4.A
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December 18, 2019
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MINUTES
OF THE COLLIER COUNTY
CONTRACTORS’ LICENSING BOARD
December 18, 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: Michael Boyd
Terry Jerulle
Richard E. Joslin
Robert P. Meister
Excused: Patrick G. White
ALSO PRESENT:
Michael Ossorio – Director, Code Enforcement
Michelle Ramkissoon – Customer Service Specialist
Kevin Noell, Esq. – Assistant Collier County Attorney
Jed Schneck, Esq. – Attorney for the Contractors’ Licensing Board
Timothy J. Crotts – Collier County Contractor Licensing Compliance Officer
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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 9:05 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:
Michael Ossorio, Director – Code Enforcement, stated that Patrick White had been
excused.
Deletion:
• Under Item 10, “Public Hearings,”
o B. Case #2019-08: BCC vs. Thomas R. Williams, d/b/a “Williams
Magical Garden and Landscape” has been CONTINUED and will be heard
at the January15. 2020 meeting.
Addition:
• Under Item 7, “Reports,”
o A. Introduction of New Licensing Investigators
3. APPROVAL OF AGENDA:
Terry Jerulle moved to approve the Agenda as amended. Richard Jerulle offered a
Second in support of the motion. Carried unanimously, 5 – 0.
4. APPROVAL OF MINUTES: OCTOBER 16, 2019
Michael Boyd moved to approve the Minutes of the October 16, 2019 Meeting as submitted.
Richard Joslin offered a Second in support of the motion. Carried unanimously, 5 – 0.
5. PUBLIC COMMENT:
(None)
6. DISCUSSION:
(None)
7. REPORTS:
A. Introduction of New Licensing Investigators
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Michael Ossorio noted Investigator Jack Gumph had retired. He stated the three new
Licensing Investigators began training approximately two months ago and would be
presenting cases to the Board in the future. He asked the new Investigators to
introduce themselves and provide a brief background of their experience to the Board.
• Reuben Martinez stated he is a retired police officer and has been employed by
the County since October 2019.
• Santo Nicita stated he is from New York City and had been in the Army for six
years and in law enforcement for fourteen years.
• Walter Siegel stated he is also a retired police officer with thirty-four years of
experience.
8. NEW BUSINESS:
A. Orders of the Board:
Richard Joslin moved to approve authorizing the Chairman to sign the Orders of
the Board. Michael Boyd offered a Second in support of the motion.
Carried unanimously, 5 – 0.
(Note: The individuals who testified in the following case under Item 8, “New
Business,” were first sworn in by the Attorney for the Board.)
B. Trevor Reiland: Application to Qualify a Second Entity
(Currently Qualifies: d/b/a “Suntec Aluminum, LLC”
Proposed Second Entity: d/b/a “Suntec Outdoor Living, Inc.”)
Michael Ossorio stated:
• Mr. Reiland is a licensed Aluminum Contractor (2015),
• He currently qualifies Suntec Aluminum, LLC and is the sole owner of this
company and serves as its President,
• He has applied to qualify Suntec Outdoor Living; he will have 50% ownership
of that company; he will serve as the President and Registered Agent.
Trevor Reiland noted he is also licensed in Lee and in Charlotte Counties.
Chairman Lantz questioned the Applicant:
Q. Can you give us a little background on what you do, what you plan to do, and
why you want to qualify a Second Entity?
A. Yes, sir. I have been in the aluminum business for over twenty years – have been
working since I was sixteen. We started a pool cage division – we have been
doing it for a while now, but we are looking to do more – that’s why we called it
Suntec “Outdoor” ... we want to do more “outdoor” work such as pergolas. The
name signified what we want to do. Suntec Aluminum will work with builders
while Suntec Outdoor will have more of a retail side to it. That’s the whole
reason for the Second Entity.
Q. So why did you want a Second Entity instead of expanding the current company?
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A. We’re probably going to start shifting over slowly from one company – that’s
probably what we’re going to do. I also have a partner on the other side, so once
he gets the paperwork done, then we’ll shift it over to the other one. Eventually,
we will get rid of Suntec Aluminum. But for right now, that’s what we’re doing.
Q. Okay.
Chairman Lantz: Any questions from the Board?
Richard Joslin questioned the Applicant:
Q. In the application, it says you’re going to do a division of your company with
your partner – yes?
A. Yes.
Q. As a Second Entity?
A. Yes. I already have Suntec Aluminum company – he’s not buying into that –
we’re going to shift things over.
Chairman Lantz:
Q. Is your new partner buying it or ... how is that working?
A. He’s going to bring his other clients because he’s been doing this for over thirty
years. He has his pool companies and that’s what he’s brining over. I already
have all my soffit, fascia and gutter clients – I do a lot of buildings in the area.
That’s kind of how we have it set up right now.
Q. As it stands right now, Suntec Aluminum mostly does soffits, facias, gutters, a
few pool enclosures – but not very many?
A. It’s mainly soffits, facias and gutters – what we do right now. Suntec Outdoor
Living will do the pool enclosures, pergolas, and stuff like that.
Q. Your personal experience is not a whole lot of pool cages – it’s more the other
stuff – and you’re bringing in a partner who has more experience with pool cages
and has a great Roladex?
A. Exactly. I’ve done a lot of pool cages – I mean, I’ve done this for a long time but
with his knowledge, it’s kind of nice having somebody – a partner like that who
can help manage ... you know ... that aspect of the company. That’s the whole
reason for it.
Q. Also, it said – I saw somewhere where you have a Finish Carpentry License and
an Aluminum License? Are you looking to qualify the Second Entity for both –
the application ... I thought it only said “Aluminum.”
A. Aluminum. Lee County added that on because I have a Finish Carpentry License,
too, so I can do windows and stuff like that. They put that on theirs. I didn’t add
it on this one. I didn’t know if I could do that or not. I wasn’t planning on doing
that. So, I don’t know.
Q. Do you have a Finish Carpentry license in ...?
A. In Lee County, yes.
Q. ... in Collier County?
A. Not in Collier County, no.
Q. Oh, okay.
A. In Lee County, I do.
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Q. You would have to apply for ...
A. Exactly – that’s why I didn’t really ... in Lee County – they added that on. I’ve
been in business for so long that they don’t make you go in front of a Board –
they just added it on to my license. That’s what they did.
Richard Joslin questioned the Applicant:
Q. On Packet Page 57, under “Financial Responsibility,” your answer to Question #2
[Had claims or lawsuits filed, or unpaid or past due accounts by your creditors as
a result of construction experience?] was “yes.” Care to explain that?
A. I turned all the paperwork in – we filed – we had to do a Chapter 11 Bankruptcy
... we had an accountant who was horrible and who we are going after. We also
had theft in our company, too, by Scott Lennandar, a former employee. The US
Marshalls are going after him right now. He was a manager who was taking our
contracts and writing contracts on a dummy account and we found out. That’s the
cause of that stuff. That problem has been handled.
Q. The Bankruptcy – part of it has been discharged?
A. Today it goes to the Judge to be closed out.
Terry Jerulle questioned the Applicant:
Q. You’re here telling us you qualified a company that had some embezzlement and
for which you are financially responsible. Now you’re asking us to let you open
another company.
A. Well, I mean ... the Bankruptcy – the Judge approved it. You know if the Judge
saw issues, she wouldn’t have approved it. She already went over it and saw the
evidence and everything ...
Q. Like I said, it’s a tough question. You have to convince me that you’re not going
to let happen in the new company what happened in the original company.
A. Yeah, I mean ...
Q. No, it’s up to you to convince us – right? So, I’m giving you the opportunity to –
and it’s a tough question – but I’m giving you the opportunity to convince us that
it’s not going to happen again. What steps and measures have you taken to ensure
that people won’t embezzle from you and that you’ll take deposits from clients,
and that you’ll be able to finish those projects if somebody happens to embezzle
from you again.
A. Well, we did finish all the projects – there weren’t any that we didn’t finish. I
took money out of my own pocket to make sure we finished those projects. Now
I have to wait for our lawyers to go after the people who did the damage. But we
have lawyers now ... before we didn’t have a lot of contracts, you know, or
salespeople and stuff like that ... and disclosure and stuff like that. We have a lot
of that now that we didn’t have before, so we took some measures. And, to be
honest, I don’t know – not too many people can really plan for stuff like that. We
know that it can happen, and I know what to do for the next time. I mean, you
don’t know if somebody is going to go out and write contracts behind your back
for another company, so ... I mean ... that’s something that we just got blindsided
on so ... but other than that ... we have documents now, we have measures now
and I think that should be a full proof plan now.
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Chairman Lantz: Are there any other questions from the Board?
(9:20 AM – It was noted that Vice Chairman Matthew Nolton arrived. Quorum was increased
to six (6) voting members.)
Richard Joslin questioned the Applicant:
Q. You said the Bankruptcy has been discharged as of today?
A. Yeah, that’s done as of 3:00 today. The Judge approved everything, and
everything has been handled – it’s done.
Q. I’m concerned about a “glitz” – that it may not happen. I’d just like to see that
paperwork in front of us before we decide.
Terry Jerulle: I tend to agree.
Trevor Reiland: It was turned into the Judge ... I mean, I don’t know what other ...?
Chairman Lantz: Are you looking for the Bankruptcy paperwork?
Richard Joslin: Yes, the Discharge of Bankruptcy. He says he’s supposed to have it
today by 3:00.
Trevor Reiland: Yeah, but it’s already been approved by the Judge, so I don’t know
what else ... even if it’s discharged, it’s already been approved. I don’t know what
else ... paperwork ... you can turn in.
Chairman Lantz: Here’s what my issue is ... you have a company, and someone
took advantage of your company. You can say it was the other person’s fault, you
can say you didn’t have the proper safeguards in place to control for that not to
happen. So, in one aspect you can say that somehow something failed in the first
company. But now you want to open a second company. So, if you were
overwhelmed in the first company, why would we give you a license for a second
company where now you’re going to be split in half? I understand you said the
lawyers have done some stuff to make sure that won’t happen, but I just don’t
understand what they’ve done. Can you go into a little more detail of what kind of
safeguards are in place to make sure that it doesn’t happen again? Because your
response that now you’re more prepared for the next time – I hope there is not a “next
time.” How do we make it to prevent a “next time” from happening?
Trevor Reiland: Well, I mean ... like I mentioned before ... I don’t know how you
can prepare when you have a CPA who was doing malpractice. I don’t know how
you safeguard that. I’m mean ... that’s one thing why we’re in the Bankruptcy –
there’s nothing we can do about that. You pay a CPA to file papers and everything –
he filed our taxes wrong and everything ... and we have to go after him. So, if you
look in the papers that I gave you – it’s all in there. I mean ... I don’t know what
measures you can do to safeguard on that. He was a certified CPA – he wasn’t a non-
certified CPA who was doing our books. He made crucial errors that screwed up our
tax return – that’s one thing. The other thing was when this happened back when the
hurricane came through ... when Irma came through ... when we had all the contracts
going ... we had signed contracts ... we had a manager who we paid to run the
division that we had. I don’t know what else you can do... I mean ... to prepare for
that when he’s goes to our clients ... has a dummy company that we didn’t know
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about ... takes our contracts, writes another contract and gets cash from the
homeowners, and the homeowners paid him. I mean ... I don’t know what else you
can do. I know the homeowners are kind of at fault, too ... how do you pay somebody
cash to another company from the one you signed a contract for? So, I don’t know
how you really safeguard from that – that’s what was going on.
Richard Joslin: When the jobs that were completed and done -- was the
merchandise – the materials – that were purchased by you ... didn’t you know where
the materials were?
Trevor Reiland: I was the only company in the state of Florida to have fourteen
semi-trucks ordered ... I knew there was a shortage and I had a connection with the
supplier and I was the only company – if you talk to the supplier you’ll find out that I
was the only company in the state of Florida that I pre-bought with the deposit money
– it was sitting on site in those developments. So, to catch up ... to find out ... it took
some time to catch on and find out that the material wasn’t there, so that’s when we
finally caught on.
Vice Chairman Nolton: Excuse me, and it may have already been asked and I
apologize, but when I looked through it and read through it – the treatment of the
second company – it looked to me as if the second company was going to do exactly
what the first company does. So ...
Trevor Reiland: Yeah.
Vice Chairman Nolton: ... so, did I miss why you would have two companies doing
exactly the same thing?
Trevor Reiland: Because we started ... I don’t do pool cages on the other side ...
we’re doing pool cages with a partner – we’re doing pergolas and other stuff like that
with Suntec Outdoor Living. With Suntec Aluminum, I’m doing mainly soffits,
facias, gutters with the builders that we do work for and eventually we’re going to
merge them into one company. So, he’s bringing his accounts over – that’s what
we’re doing.
Vice Chairman Nolton: When I went to your website ...
Trevor Reiland: Yes.
Vice Chairman Nolton: ... it said you do all those things.
Trevor Reiland: Yes, yes ... on which one?
Vice Chairman Nolton: On your Suntec Aluminum – it says you do all those things.
Trevor Reiland: And we had done them. If you pull up our permits, you’ll see that
we had done them on Suntec Aluminum.
Vice Chairman Nolton: So, if Suntec Aluminum does do all those things ...
Trevor Reiland: So that’s why we’re brining a partner on ... he’s bringing the pool
company clients that he has ... he does Artesian Pools, Classic Pools, and we’ll do all
the pool cages. So, he’s bringing ... that’s what he’s bringing to the table and that’s
why we’re starting ...
Vice Chairman Nolton: So, you’re starting another ... but you’re going to combine
them into one company? Why not combine them into one company now?
Trevor Reiland: That’s what we’re doing right now ... we’re taking money and ...
Vice Chairman Nolton: Well, to do that, you wouldn’t have to qualify a Second
Entity.
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Trevor Reiland: That’s ... I don’t know, I don’t know why everybody’s giving us a
hard time. I don’t know. I mean ... none of these questions have been brought up at
any other time.
Chairman Lantz: We’re not trying to give you a hard time ...
Trevor Reiland: Yeah.
Chairman Lantz: ... but what you’re asking for is to have two businesses doing the
same thing. There’s the possibility that you could buy all the materials under one
company and then collect all the revenue under the other company, and conveniently,
one company would declare bankruptcy while the other company would have all the
revenue. There are a lot of issues that could happen, and we want to make sure that
those issues don’t happen.
Trevor Reiland: Yeah.
Chairman Lantz: We’re not accusing you of anything ...
Trevor Reiland: No, I understand ...
Chairman Lantz: ... but before anything happens, we want to make sure that ...
Terry Jerulle: Or you could be giving a client two different bids from the same
company.
Trevor Reiland: No, everything is ... everything is in the agreement with our
lawyers ... that everything forward is sent to ... that’s what we’re doing with our
partnership. Suntec Aluminum already had ... I’m in business since 2015 with you
guys ... that’s when we started it ... all those accounts – it takes time to merge those
things over. So, especially when I do big production builders’ homes – LGI Homes –
I do all those type of tract homes – Adams Homes – all those guys that are corporate
companies like that.
Vice Chairman Nolton: So, the company you are merging in – the one that’s doing
all the cages and all that – are they not licensed? Is there not a Qualifier there now?
Trevor Reiland: No, he’s with me – I’m the Qualifier for the company. We’re
doing all the cages ... he had a partner with Academy Homes, and they decided not to
do that anymore. And I’ve known him for thirty years ... so, I mean ...
Vice Chairman Nolton: They were the Qualifier for the company ...?
Trevor Reiland: Yup, exactly. He had a partner with him and then they decided to
go their own ways ... they didn’t want to have that ...
Vice Chairman Nolton: So, he’s not licensed?
Trevor Reiland: He’s not, no, I’m the license – yes. But he’s done it for a long time
– he did have a license, but he just let it go.
Chairman Lantz: They are licensed in other counties.
Trevor Reiland: Yes. I’m the license in Charlotte and Marco ...
Chairman Lantz: Both companies are licensed?
Trevor Reiland: And in Lee County and Cape Coral ...
Chairman Lantz: So how long do you anticipate still having Suntec Aluminum
open?
Trevor Reiland: I’m not sure yet. It could stay open ... I don’t know what we’re
going to do yet.
Chairman Lantz: But you just told us you’re merging everything into ...
Trevor Reiland: That’s the plan ... I mean ... everything ... that’s how we’re doing it.
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Vice Chairman Nolton: And therein lies part of the problem for us. This is the one
opportunity that we get to say something or decide ... once we’ve said yes and once
you leave here, you will have those two companies and you can do whatever you
want with those two companies. You can bid against each other – we have no control
after that point. That’s the reason for this process – to validate whether that’s a
concern for the public or not.
Trevor Reiland: We have no plans to bid ... the stuff that you mentioned ... I mean,
it’s great questions but none of that ever crossed my mind or anything like that.
We’re not here to deceive people or anything like that ... it’s just ... I don’t know ... if
you looked up my track record – there’s not any complaints on me ... I mean ...
there’s nothing like that or with permits and other issues. I mean ... I’ve done
business the right way but, unfortunately, I did have a ...
Vice Chairman Nolton: And the Board is not saying that. That’s the reason why
this is in place ... to protect the public. This is one of those mechanisms to protect
people against that.
Richard Joslin: This gentleman is going to be your partner and you said that he
hasn’t been licensed – right – but he was working for someone who was licensed ...?
Trevor Reiland: Yes.
Richard Joslin: ... and did the pool cages for that company at the time? Now you’re
going to license a new company and he’s going to run it?
Trevor Reiland: Yeah ... well, I’m running ... we’re both running it.
Richard Joslin: Well, basically, you’re running it – that’s the name of the game.
He’s not licensed, so you’re it ... no matter what. Okay? You mentioned that he had
a license.
Trevor Reiland: Yes. He had one of the biggest pool companies ...
Richard Joslin: What was the name of the company?
Trevor Reiland: CVS Aluminum.
Richard Joslin: Okay. I’m a Pool Contractor, too. I’ve heard the name. I would
like to know some background on that gentleman and why he doesn’t get his license
again and just contract as a sub to you to do the pool cages.
Trevor Reiland: He always stayed small after that – he had a partner ... it’s just what
he did and now he doesn’t want to be out in the field because he feels it’s a one-man
show out after that. He’s 56 years old and now he doesn’t want to install anymore.
He came to me and said, “why don’t we just build this up,” because we both had big
companies and we still do have big companies.
Richard Joslin: Why wouldn’t he just pick up his license again if he had one?
Trevor Reiland: It’s just what he wants to do it ... we’re going to merge and have ...
where we can make more money together.
Vice Chairman Nolton: I guess if one is honest, he still could get his license and
you still could have the two companies and he could qualify one. Then you wouldn’t
be asking us to qualify a Second Entity. He’d qualify it and you guys could still
merge later.
Trevor Reiland: This is just the route we want, I mean, we had lawyers draw up ...
the agreement is already done ... everything is done. It cost us a lot of money to get
the agreement done.
Richard Joslin: Is there a copy of that agreement in here?
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Trevor Reiland: I don’t know ... I’m not sure if ... it might be ... I don’t know if I
have it or not.
Richard Joslin: That might be something that we might want to look at.
Chairman Lantz: I have a question for Staff. Is there a possibility for us to allow
the Second Entity to be qualified and to say the first entity – although he will have
two entities – to say the first will not be renewed after a certain date?
Michael Ossorio: When you read the general description of the Ordinance ... in
Section 81-201 under “General” ... you may put restrictions on – I think you have
that latitude ... you can put an end date on the Second Entity ... sure.
Chairman Lantz: Or the first entity?
Michael Ossorio: On the first entity, which would be Suntec Aluminum, I think he
is the Qualifier so there would be no end date. But you could put restrictions on the
Second Entity.
Chairman Lantz: What he’s saying is that right now, Suntec Aluminum will
eventually be moving everything to Suntec Outdoor Living. So, could we say that he
could qualify Suntec Outdoor Living but in a year or two years, the license for Suntec
Aluminum will not be renewed.
Michael Ossorio: I would do the opposite – I would place the restriction on Suntec
Outdoor Living with an end date. Then if he chooses to qualify just one company, he
can notify us that he wants to qualify only one company – Suntec Outdoor Living –
so it won’t be two.
Chairman Lantz: And would he have to come before the Board to do that or ...?
Michael Ossorio: Well, he would have to go through the process. That’s how I
would do it. You want him to qualify only one company. To do that, I would put a
restriction on Suntec Outdoor Living to sunset in two years.
Chairman Lantz: And administratively, would the County be able ... it’s not
something that would fall through the cracks?
Michael Ossorio: No.
Chairman Lantz: I want to make sure that Staff has something in place to ...?
Michael Ossorio: We have conditions on the application and conditions on our
CityView process and then we usually put that in our network. We work with the
Qualifier to make sure nothing falls through the cracks ... so that can’t happen.
Vice Chairman Nolton: Another question for Staff: Can you do something along
those same lines and limit the permits they can pull for each company so that there
can’t be a duplication – so one can do cages and the other one can do ...? Can you
limit what they can pull permits for?
Michael Ossorio: The Board can ... the Board’s Licensing Office Supervisor can
restrict any Certificate of Competency if the Qualifier doesn’t have the qualifications
to do something. On a Second Entity, the Board can put restrictions on Suntec
Outdoor Living – sure. I believe under Section 22-182(b)(2), the Board pretty much
has the latitude to do what it wants with a Second Entity. I’ve never seen – I’ve been
with the Licensing Board for twenty-some years and, as this Applicant is now
realizing, this Licensing Board has been strict with Second Entities since I was 24 or
25 years old, many years ago. This is what they do, and I want to make sure he is not
taking offense. We don’t like to do Second Entities in Collier County. I don’t know
about Lee County or Charlotte County. There’s no rubber stamp in Collier County.
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We want to know what you’re doing, how you’re doing it, and how it affects the
County’s citizens. We’ve never restricted a Second Entity before – it’s something
that is new – but I think the Board has the latitude to have a Second Entity sunset
within so many years. I wouldn’t put a restriction on what type of work he could do
because he’s qualified in all aspects of it. There is a provision to restrict a First Entity
if the Applicant doesn’t have the qualifications, but he has the qualifications to do
aluminum cages and those types of items.
Vice Chairman Nolton: Right. I was thinking more along the lines of ... that the
restriction was between the two entities. We could cover everything that they could
do ... such as one entity only could do certain things and the other entity could only
do other things ... then they could not possibly bid against each other.
Michael Ossorio: I probably wouldn’t want to ... the Board could put that restriction
on it, but it does limit the business decisions that he could choose to make, and we’ve
never done that before in the past. I would hope that as a good Qualifier, he would
choose not to be against his other company but it’s up to each homeowner who he/she
contracts with and they are usually pretty savvy about that anyway.
Trevor Reiland: If I could say ... not to cut you off, sir, but it’s the same ... it’s the
whole reason why we did that ... because it’s kind of like another division ... but I’m
not planning on bidding against each other. Anybody could see that ... the same logo
... the same name ... so it’s the same everything ... you know ... it would be kind of
obvious to get two bids from the same logo.
Richard Joslin: Okay – I’m looking at your logo now at Packet Page 55 – for
Suntec Aluminum, LLC, and below that you’re showing Suntec Outdoor Living,
LLC.
Trevor Reiland: Yes.
Richard Joslin: Okay, then, which one is the LLC?
Trevor Reiland: Suntec Aluminum is the LLC. But the new Accountant for some
reason didn’t ...
Michael Ossorio: Yes, there are some ... I believe I mentioned in the beginning of
hearing that there were some discrepancies in the application. The Ordinance says
you must fill out the application and then the application is forwarded to the Board –
it’s up to you to decide how the application is interpreted. But I did mention that
there were some housekeeping items that I wanted to make sure were addressed.
That’s why I said on the record it’s Suntec Outdoor Living, Incorporated.
Trevor Reiland: In the Articles of Incorporation, how you file is how it is. I’m
pretty sure he’s done that on the new one.
Chairman Lantz: Do you understand what I was asking about one licensing
expiring?
Trevor Reiland: Yeah, I just wondered ... I have questions.
Chairman Lantz: Are you opposed to that?
Trevor Reiland: I mean ... I’d rather keep it the way ... but the County has an issue
with that ... I’m not planning on bidding or ... I mean, you’re asking for trouble if you
do stuff like that. It’s nothing like what I’m trying to do. I’ve always run a straight
business and, unfortunately, I’ve had some things that happened that were kind of out
of my control. I did handle everything. There wasn’t anything that I didn’t finish and
so ... I don’t run a bad business.
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Richard Joslin: The problem that I think we’re having is with your words ... you say
you don’t run a bad business but yet you’re going run two businesses now and you
had problems with the first one that you didn’t handle or that you didn’t understand or
someone was going behind your back. Our concern is now we’re doubling the
trouble. What if it happens again?
Trevor Reiland: I don’t see what “trouble” ... I mean, when you have a Judge who
says this was the most perfect Chapter 11 case she’d ever seen in her history of being
a Judge, I don’t know what else you can say. I mean, it’s pretty cut and ... but if the
CPA doesn’t ...
Richard Joslin: I’m not talking about whether the Judge has interpreted the
Bankruptcy act. I’m talking about why it wasn’t handled before it happened.
Trevor Reiland: So, if you turn over your stuff to the CPA and you trust him to do
his job like he’s supposed to do, how can that come ... how is that my fault if he files
... and actually, our bank caught it – what he was doing – he was putting our deposits
in as cash instead of liabilities and that’s a huge thing – we paid huge taxes on that.
Richard Joslin: Is it not your responsibility to look at your account – your bank
account – and what the CPA who you hired and paid ... isn’t that your responsibility?
Or do you let a CPA or an attorney take over?
Trevor Reiland: And when we did, that’s when we caught it. I don’t know ...
Richard Joslin: Nine times out of ten, it’s going to happen again because you got it
all in line with an attorney. It’s not the attorney’s problem – it’s yours. You run the
business. I hope you understand that.
Trevor Reiland: I understand that, sir, and ... I mean ...
Richard Joslin: I have nothing else.
Chairman Lantz: Any other questions from the Board?
Jeb Schneck, Attorney for the Board: Mr. Chairman, just for clarification on the
Bankruptcy ... it’s a Chapter 11 Reorganization of Debt but the debt has not been
discharged. There’s been some reduction – a plan was put in place for payments to
be made through that. There’s not enough here in the record but there may be limits
on that first company. There was some discussion on possibly – after a year – having
the first company go away but there may be some restrictions in the Bankruptcy plan
that would not allow that to happen. I just wanted to add that.
Chairman Lantz: So, what you’re saying is, it’s possible the Bankruptcy Judge said
that now that he’s cleared of the Bankruptcy, he must stay in business for ...?
Attorney Schneck: Yes, he owes ... the Plan is not he has to pay pursuant to the Plan
and, until they are paid, that company is likely not going to just go and dissolve.
Chairman Lantz: Got it.
Richard Joslin: Oh, I’m not comfortable.
Chairman Lantz: Are there any questions from the Board? Any comments?
Anyone want to make a motion?
Richard Joslin moved to deny the Application to Qualify a Second Entity submitted
by Trevor Reiland.
Chairman Lantz called for a Second in support of the motion. [No response.]
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Terry Jerulle: This is a tough case. It’s simple from your viewpoint – right?
You’re just a businessman doing business and you want to add a partner to continue
doing business by adding a different Scope of Work. But we’re looking at it from a
completely different way that you said you never thought of. I just don’t know which
way to vote, to be honest with you. This is ... I mean I see two complete sides. I can
see what happened with the Bankruptcy – right? I mean I’m taking your word for it
but I’d sure like to see what has happened.
Trevor Reiland: What can I tell you ... I mean, it’s already been approved, and
everything has been done. I mean ... no other county has given me a hard time at all.
Not even any of these questions.
Terry Jerulle: That doesn’t mean anything ...
Trevor Reiland: I understand that, but ...
Terry Jerulle: But we’re here to protect ... and I hope you appreciate it ... I’m a
business person also. We’re just here to try to protect Collier County’s citizens.
Trevor Reiland: I understand that but I’ve never ...
Terry Jerulle: And the other ...
Trevor Reiland: There’s never been any issues other than with Collier – none – and
I’ve been doing this since 2015 with you guys. Every time – there’s been passed
inspection ... no failed inspections ... I mean, I don’t know. I run a straight business.
I work hard. I don’t do unlicensed stuff like a lot of the guys out there, and ...
Vice Chairman Nolton: Nobody is questioning that, okay? Try to understand,
nobody is questioning that at all. Alright? The issue is, once we say “yes” – if we
say yes – then you will have two companies and you will walk out the door. We
won’t know what you’ll do then. And whether it looks like the same company or
doesn’t – you said earlier that you had a sales guy going around having people
signing different contracts and getting cash. People will do all kinds of silly things
out there.
Trevor Reiland: Sure.
Vice Chairman Nolton: So, just because it looks like the same doesn’t mean that
they’ll understand it’s not the same. Okay? So, it’s just really about that. You can
say whatever you want to say standing there but once you leave here, all the controls
that we’ve had are gone. That’s the reason why we’re here. If we didn’t need those
controls, you wouldn’t even be here. And let me finish before your interrupt. Okay?
So that what the vote is here. To the Board, I would say let’s approve this – this
Second Entity with a sunset – whether it’s a year, two years, or eighteen months, then
they can come back after that.
Richard Joslin: I disagree because – in the worst case, we could have him remove
the application until we see the Bankruptcy papers – see if there’s a restriction on
how long the company will have to stay in business. Otherwise ... there’s
Vice Chairman Nolton: That’s not a factor in what I’m saying because I’m talking
about the Second Entity to sunset – not the first one.
Richard Joslin: Right.
Vice Chairman Nolton: With the first one, he’s going to do whatever he has to do in
the Bankruptcy. We’re approving the second one with a sunset that’s only good for a
year or for eighteen months, then that entity goes away or he has to take other action.
He has to come back before the Board, or he has to merge the two together.
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Trevor Reiland: The reason, right now, why I have Suntec Aluminum and Suntec
Outdoor Living is because we had to wait to get our license and other stuff. Like, I
have Artesian Pools and we do a lot of pools down here – I’m sure he’s one of the
biggest pool builders – we have so many contracts. If you look right now, we pulled
permits as Suntec Aluminum for the cages that we just did. That’s why we’re asking
for Suntec Outdoor Living ... I mean, I can’t do it without a partner and a license.
That’s the whole reason for it ... I mean, we’re not ... the whole thing hasn’t jelled
together yet. This is the part of the reason – Collier County is the last missing piece
that we need. I mean, so we can start merging and doing ... but I can’t close down
Suntec Aluminum until and do cages down here because we’re not licensed as Suntec
Outdoor Living. So, you know, that’s the whole reason why we’re doing ...
Chairman Lantz: But eventually you’re going to get rid of Suntec Aluminum?
Trevor Reiland: That’s the plan. That’s the part of the agreement that we’re doing.
But right now, it’s not – as you see, every Board has their different meetings – so
until everything is done, but that’s what we plan on doing.
Terry Jerulle: And I think that’s what Mr. Nolton was alluding to ... if we give you
eighteen months – is that enough time to shut down the other one?
Trevor Reiland: Yeah, I mean ... I’ll be fine with that. If it makes you guys think
I’m not going to do the bidding thing ... and I told you I understand that because there
are companies, I’m sure, that’s probably done that. Guys, it’s never crossed my
mind, you know, I have no plan to do that.
Terry Jerulle: Mr. Joslin, as a way of trying to find a way to do something as
opposed to trying to find a way not to do something. The gentleman is here and I’m
assuming Mr. Ossorio didn’t object when he said he doesn’t have any complaints
against him in the County that you know of?
Michael Ossorio: I’ve gone through his record – he’s pulled building permits and
does quite a bit of work. But to be honest with you – and I left a message yesterday –
there was a complaint and I’m sure it’s going to be addressed. It is on Erie Drive ... a
building permit that wasn’t completed.
Trevor Reiland: That’s the first time ...
Michael Ossorio: People do get complaints with inquiries and that’s ...
Terry Jerulle: In my mind, I’m thinking being fined ...
Michael Ossorio: No, not at all
Terry Jerulle: ... for unlicensed work or work without a permit – that’s what I’m
thinking.
Trevor Reiland: Yeah – we’ve never done any of that. That’s the whole reason why
I’m doing this ... to be covered.
Terry Jerulle: So, if that’s the case, Mr. Joslin, we’re trying to figure out a way to
get to a satisfactory end here. You know, if we deny him – his partner could come in
and not come before us and get a permit and he’ll still be doing the same thing.
Right? So, to satisfy him today, to make him happy and to make us happy – so to
speak – we can give him a license today that has a sunset of twelve to eighteen
months ... as Mr. Nolton said ... then he’ll close down the other company and just
have this company.
Richard Joslin: So, you’re agreeable to the twelve to eighteen-month period?
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Trevor Reiland: Yeah, I’m fine with that. Like I said ... I’m not trying ... I totally
get what you’re saying. I see how you guys are probably looking at it but it’s ... we ...
we can’t close one until we have ... everything in the works.
Richard Joslin: Well, in that case, I will retract my motion to deny.
Richard Joslin moved to approve the Application to Qualify a Second Entity
submitted by Trevor Reiland for a period of twelve months. After twelve months,
Suntec Aluminum, LLC. will be dissolved. All bills will be paid, no creditors will be
owed any money, and all business will be conducted under Suntec Outdoor Living,
Inc.
Chairman Lantz stated that the sunshine clause could only be applied to the Second
Entity, Suntec Outdoor Living, Inc. and not the first company.
Richard Joslin: I’m sorry, I said it backwards.
Michael Ossorio: Yes, it’s backwards but I understand your intention. The Second
Entity, Suntec Outdoor Living, Inc. will be dissolved after twelve months.
Chairman Lantz: Or he can come before the Board and petition for an extension.
Michael Ossorio: An extension will go back before the Board for the Second Entity.
Trevor Reiland: Just to make sure so I am clear – Suntec Outdoor Living will be for
eighteen months and then the other one will fall off or how will that ...?
Vice Chairman Nolton: What we’re doing is approving the Second Entity – Suntec
Outdoor Living – is what the vote will be ... for twelve months. You will have the
license for that for twelve months. What you do after that is up to you.
Trevor Reiland: Okay.
Chairman Lantz: It will be your duty to, hopefully, close down Suntec Aluminum
before then and transfer your license from Suntec Aluminum to Suntec Outdoor
Living. You wouldn’t have to come before the Board to do that.
Trevor Reiland: Okay.
Chairman Lantz: You will have to fill out a whole bunch of paperwork and
probably pay some money.
Trevor Reiland: Okay, and then from there – Suntec Outdoor Living will just keep
going? Is that how ...?
Chairman Lantz: Correct.
Trevor Reiland: Okay.
Vice Chairman Nolton: We’re giving you twelve months to clean up the
Bankruptcy.
Trevor Reiland: Yes, this is the last ... everybody has accommodated ... Charlotte is
approving it now ... you and Charlotte are the last ones. We might need to go to
Sarasota, too, to do ... because North Port LGI Homes are licensed to build them out
up there and it used to be that Charlotte covered North Port, but North Port is covered
by Sarasota County now ... so that’s the one that we’ll have to get to be able to
0077ork for LGI Homes.
Richard Joslin: My motion is on the floor ... has it been ...?
Vice Chairman Nolton offered a Second in support of the motion but clarified
that the approval pertained to the Second Entity, Suntec Outdoor Living, Inc.,
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and was limited to twelve months only. Richard Joslin concurred.
Chairman Lantz stated there was a motion on the floor and a Second. He asked if
there was any discussion necessary.
Terry Jerulle: You are okay with this – you understand?
Trevor Reiland: Yeah, I am. From there, would I just have to write you guys a
letter and give it to Michelle Ramkissoon? How does that work? Just letting you
guys know that the other one has reached its limit. How would that work?
Michael Ossorio: If the Board does approve the Second Entity for twelve months,
you will come to the Licensing Office and pay the renewal fee and there will be a
restriction on the license ... not as to the Scope of Work ... but there will be a sunset
restriction as to the time.
Trevor Reiland: For Sunset Aluminum?
Michael Ossorio: You and I will be communicating in the next couple of days
concerning what to expect – I’m not going to give you three days and say, “hey, by
the way – you’re supposed to turn your license in.” We’ll give you plenty of time to
figure out some options. That’s how things will probably work in the next couple of
months.
Trevor Reiland: Okay.
Chairman Lantz: And it’s not an issue for you to have it expire in a year ... and not
on September 31st which is the normal expiration date.
Michael Ossorio: No, but he might want to sunset before twelve months, so he
doesn’t have to pay the renewal.
Chairman Lantz: But that will be his decision. But we’re giving him the benefit so
if he needs to, he can go to December.
Michael Ossorio: He can renew in September and then sunset in December. Or he
can choose to do it before September and not pay the renewal. But that’s – we’ll be
in contact ... we’ll be in communication.
Vice Chairman Nolton: I think we’re all satisfied then.
Chairman Lantz: Any more discussion? [There was not response from the Board.]
Chairman Lantz called for a vote on the motion. Carried unanimously, 6 – 0.
9. OLD BUSINESS:
(None)
10. PUBLIC HEARING:
(Note: The individuals who testified in the following case under Item 10, “Public
Hearing,” were first sworn in by the Attorney for the Board.)
A. Case #2019 – 07: Collier County Board of County Commissioners, Plaintiff,
vs. Stephen Cuebas, Respondent, d/b/a “All Weather
Hurricane Shutters, Inc.” Collier County Licensed
Contractor (C29826) – Misconduct
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Chairman Lantz called Stephen Cuebas to the podium.
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. The 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.
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;
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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 concerning 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 exactly
the same language in the Final Order.
20. The Final Order will include the full details that apply under state law.
Chairman Lantz: Do you understand what was said?
Stephen Cuebas: Yes, I do.
Chairman Lantz: The County will give a quick Opening Statement and you’ll give
a quick Opening Statement. They County will present its Case against you and you
can question anybody, and then you will give your case in your defense. Then the
County might go back and say some more things, and then there will be a Closing
Statement and you will give your Closing Statement. Then you’ll take a break and
relax while the Board members will talk about whether your are guilty or not.
Chairman Lantz called for a motion to open the Public Hearing.
Richard Joslin moved to approve opening the Public Hearing in Case #2019 – 07:
Collier County Board of County Commissioners, Plaintiff, vs. Stephen Cuebas,
Respondent, d/b/a “All Weather Hurricane Shutters, Inc.,” Collier County
Licensed Contractor (Number C28726) – Misconduct. Michael Boyd offered a
Second in support of the motion. Carried unanimously, 6 – 0.
Chairman Lantz stated the Public Hearing was opened.
Richard Joslin moved to introduce Collier County’s information packet for Case
#2019-07 into evidence as the County’s Composite Exhibit “A.” Terry Jerulle
offered a Second in support of the motion. Carried unanimously, 6 – 0.
Timothy J. Crotts, Collier County Contractor Licensing Compliance Officer,
presented the County’s Opening Statement:
• Stephen Cuebas is the holder of Collier County Certificate of Competency as
a Hurricane Shutter/Awning Contractor (License No.: C28726) for “All
Weather Hurricane Shutters, Inc.”
• Mr. Cuebas is before the Board for commencing work at 941 S. Collier Blvd.,
in the City of Marco Island, without the issuance of a permit.
• He was installing motorized hurricane shutters.
• A site visit was conducted, and the work performed by Mr. Cuebus was
reviewed. It was noted that a permit was required to perform the installation
work.
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• This requirement was confirmed by Raul Perez, the Chief Building Officer for
the City of Marco Island’s Building Department.
• October 9, 2019: I met with Mr. Cuebas regarding the work performed at 941
S. Collier Blvd, Marco Island.
• Mr. Cuebas gave me a copy of the contract which he had entered into with the
homeowner of 941 S. Collier Blvd. which showed $12,900 as the cost to
install four sets of motorized hurricane shutters. The cost included a $300
charge to obtain a permit.
• Mr. Cuebas stated he knew he was wrong and wanted to get things right. He
also stated he was under pressure from the homeowner to work quickly
because the homeowner was leaving and wanted to see the finished product
before he left.
• There were three similar incidents in the past when Mr. Cuebas had
commenced work without first obtaining a permit.
• October 10, 2019: Mr. Cuebas was personally issued a Notice of Hearing
to appear before the Collier County Contractors’ Licensing Board on
December 28, 2019.
• Mr. Cuebas has applied for building permit from the City of Marco Island.
• The permit was issued, and he is currently in compliance.
• The permit is still open and has not been finalized.
Chairman Lantz: Was that the County’s Opening Statement or the Case in Chief?
Officer Crotts: It was both.
Respondent, Stephen Cuebas, presented his Opening Statement:
• My office manager’s father was in hospice. As in most small companies, she
runs the office and the other girl pulls permits. Her father passed away later in
the month.
• My main installer’s father passed away and he went to Colombia.
• We had total chaos in the office.
• I have since implemented a new policy and we have a new checklist to replace
the antiquated system.
• By the way, I am trying to put it on Excel and my wife is helping me.
• We are getting a new program set up so I can see everything every day and
approve it.
• I’m sorry ... we weren’t being sneaky – my office had the permits applied for
and all the paperwork was in, but it just got out of control, and I’m trying to
fix it.
Chairman Lantz: So, a permit was applied for before you started work ...
Stephen Cuebas: It was.
Chairman Lantz: ... but it just wasn’t issued?
Stephen Cuebas: Right. And that’s something that I’ve had to repair, too, because
they go in and do everything online. I just have to make sure now that I do more due
diligence to get everything finalized. But the truth is without my office manager
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being there, we just were ... it was crazy. There’s no rhyme or reason ... but we have
now corrected everything.
Chairman Lantz: And you said you have taken steps to make sure this doesn’t
happen again. What kind of steps and checklist ...?
Stephen Cuebas: We ... I don’t have enough copies ... but this is a generic copy of
what we do [holding a document in his hand] ... it starts out with the address ... it’s a
permit checklist and now I’m also putting it on Excel. I think this is ... we needed
something a little bit more sophisticated so that I can see it on the computer and check
it off myself.
Chairman Lantz: So, is it something that before the installers go out to a job ...
everything is checked off ... the material, permits applied for, permits issued ... they
have something in their hands ... something to that effect?
Stephen Cuebas: Everything is online ... because everything that she does now, she
has an extensive checklist here. And it has the address, the parcel ID, the total job ... I
can go on ... if it has been measured ... whether it’s a Marco Island worksheet or the
City of Naples, wind loads, floor plans, engineering, whether it’s been highlighted by
one of my guys ... now we are site-specific on certain jobs ... so much that goes into
... but all of that stuff gets checked off before so now we have everything we need
done. But the bottom line is getting the permit back and approved from the County.
And they take it out to the job site.
Chairman Lantz: So, everything has to get checked off before the installers head to
the site?
Stephen Cuebas: Yes ... instead of the installers loading up and going. If you
checked our system, everything is on it.
Chairman Lantz: Okay.
Stephen Cuebas: Even on this customer, I tried to do ... on this one, I tried to close
him out ... I went personally to the City of Marco Island, but I couldn’t. I guess it has
to be after the hearing – that’s what I was told.
Chairman Lantz: But it’s been inspected?
Stephen Cuebas: It’s been inspected – it’s just not closed out. It hasn’t been
inspected because I couldn’t get an Inspector to go there yet – that’s what I was told
by the City.
Chairman Lantz: Okay.
Richard Joslin: And for what reason was that?
Stephen Cuebas: They said that I ... because of this hearing ... it would have to be
after this hearing ... that I had an open case with that unit. I’ve been inspected
everywhere else – I just couldn’t understand why. But I did go there personally.
Vice Chairman Nolton: Mr. Crotts, had he applied for the permit prior to your
getting involved or was that after-the-fact?
Officer Crotts: That is after-the-fact. On the Administrative Complaint ... Item #5
... and I’ll let Mr. Cuebas check with me on that ... when I spoke with Mr. Perez, the
Chief Building Official for the City of Marco Island, he told me no permit had been
applied for, and that’s why a “Stop Work” Order had been issued by their Code
Enforcement. This fact was brought up to Mr. Cuebas in Item #8 in the
Administrative Complaint. That’s when Mr. Cuebas told me he knew he was wrong.
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Stephen Cuebas: No, I’m not ... I’m sorry ... the paperwork ... the engineering ...
was submitted, but I guess it just wasn’t paid for and if it’s not paid for then the
permit isn’t legal, right?
Vice Chairman Nolton: That’s a different question. I asked had the permit been
applied for and the answer was no it had not been applied for.
Stephen Cuebas: Okay, well then, I’m ...
Vice Chairman Nolton: You stated earlier that it had been.
Stephen Cuebas: ... I’m wrong in the wording ... the paperwork and the engineering
and everything was submitted to Marco Island – it just wasn’t finalized or gone
through Plan Review. I’d have to check ... I could be wrong ... I’m not saying, but the
paperwork was there. That’s what I told ...
Terry Jerulle: Am I missing something? Is he saying that it was applied for and
you’re saying that it wasn’t applied for?
Officer Crotts: I was told by the Chief Building Official that no permit had been
applied for. But, unfortunately, Mr. Perez couldn’t be here this morning – he had an
emergency with the City of Marco Island – but that was my direct conversation with
him.
Stephen Cuebas: Well, as far as what I’ve learned now for permitting ... from what
my office tells me ... the paperwork was in and it’s not finalized until the permit is
paid for. And that’s one of the big changes that I’ve made with the new system
because I have been kind of misinformed. They can highlight it ... they can ...
Terry Jerulle: I’m a little confused. You’re the owner ... Qualifier of the company ...
Stephen Cuebas: Yes, sir.
Terry Jerulle: ... right?
Stephen Cuebas: Yes, sir.
Terry Jerulle: And you knew none of that? At least if you don’t, sir, you should
know – you should know about it. And nobody in your whole company should know
more than you do that you need to have a permit before you start the work.
Stephen Cuebas: Right. As you can see, sir ...
Terry Jerulle: Now you say that you had applied for the permit, but testimony was
given that you hadn’t ... and I’m a little confused.
Stephen Cuebas: I may be wrong. What I said ... all I’m saying – I’m not trying to
lie or persuade the Court in anyway ... all I did ... my secretary said ... we highlight
part of ... half of the engineering where the paperwork – we just never paid for the
permit or, you know, so that’s what I’m saying. The paperwork was supposedly ...
told to me by my office ... submitted. I’m not trying to sway you in any way ... I’m
telling you the truth.
Richard Joslin: It’s hard to believe you because ... and I go to Marco Island for
permits ... and, generally, when we take them in – there is a record that the paperwork
was submitted. It may not be paid for until you pick it up, but it is still in there.
Stephen Cuebas: My office has been doing everything online. And I’ve changed
the system – believe me. I’m on top of it. I hear what you’re saying and I’m on top
of it. I’ve made mistakes ... I’ve just, you know, relied on certain people and,
obviously, that’s cost me.
Vice Chairman Nolton: So, from what I’m hearing, the facts ... the facts that we do
have from the Building Official that there had not been an application for the permit.
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You think that it maybe had been but ... also from the data, there have been other
occurrences with this company?
Officer Crotts: That is correct.
Vice Chairman Nolton: Could you describe or tell us about some of those?
Officer Crotts: Mr. Cuebas was issued a Notice of Non-Compliance for
commencing work without a building permit on 10/09/2015. That Notice was issued
by Karen Clemmons, a former Collier County Compliance Officer.
Chairman Lantz: Now, a Notice of Non-Compliance ... that’s just a ...?
Officer Crotts: That is a written warning from the County telling a Contractor that
he/she had violated the Section of the Ordinance for commencing work without a
permit – it is a written warning to put the Contractor on notice that he/she must make
sure that permits are issued in the future.
Richard Joslin: Are you aware if that permit was ever issued?
Officer Crotts: That I do not know. There was a ...
Assistant County Attorney Kevin Noell: If I can just step in for a moment? As far
as other things that have happened in the past, the Board can confine that to the
penalty phase. What he is before the Board for right now is the one issue of doing
work without a permit. So, I would just, legally, ask if we can confine the hearing
itself to whether he committed that violation ... just to that single incident. And then
if the Board upholds a Finding of guilt of that, then in the penalty phase, if they want
to hear other testimony about past incidents, it might be better and legally proper to
do it.
Chairman Lantz: But if ... if I do a job and I don’t get a permit and one of the
Officers comes and yells at me ... and then I get the permit, I’m not going to come to
the Board. He’s coming to the Board because it’s a repeat pattern – correct?
Assistant County Attorney Noell: No, he’s coming before the Board because he did
work without a permit on the date set forth in the Administrative Complaint. So, he is
before you for one violation ... asking that you find if the evidence is sufficient for
that one violation.
Chairman Lantz: But why is he coming to the Board? I mean, how many
violations do you guys issue in a year for work without a permit? It must be hundreds
if not thousands – right?
Michael Ossorio: Let me tell you how things work in Licensing and when you talk
about non-compliance. Obviously, this is more information for this hearing. There is
a Section in the Code – 22-202 – that has it as a violation. As a violation of Section
22-202, it says we shall issue what’s called a Non-Compliance Order to a Contractor
if it is reasonable to assume that he may not have known, or his office manager did it,
or if it’s a first time and there’s no real financial harm. We usually have meetings
with the Contractor. Usually after one or two or three times, we have that and,
historically, we don’t treat that as a non-compliance because the gravity of the
violations may be different, and you can’t use the same excuse more than once. So,
this is under a misconduct for a local Contractor and not a willful Code violation. We
could have brought him in the first time if we wanted to. We have that discretion.
You might see in the future – this particular Section – because maybe there was
financial harm to the homeowner. But if you ever read Section 22-202, it basically
says that we shall treat it as a non-compliance. If the Licensing Supervisor wants to
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bring it before the Board, as Mr. Noell said, it’s just to see if the Contractor did
violate the Section for Misconduct – did he/she work without a building permit or
inspections? It’s up to the Licensing Supervisor to determine if the violation rises to
the level of Board action. If you remember ... about four or five years ago ... we
changed the MuniCode – whether it was considered to be “major” or “minor” because
that was somewhat confusing. Now it’s easier to understand. Maybe we’ll have a
workshop that in the future about what Section 22-202 means and how to conduct
business. As he said, the Board is just to hear the one charge of working without a
building permit. If you do find him to be in violation, during the penalty phase, that’s
when the repeat offenses, the gravity of the violation, and the steps taken to correct
the violation are considered ... that’s when you will hear that testimony.
Richard Joslin: Thank you, Mike.
Chairman Lantz: Any other questions from the Board? [To Officer Crotts:] Do you
have anything you would like to add?
Officer Crotts: Unless the Board has any other questions, the County rests its case.
Chairman Lantz: Do you want to make a Closing Statement?
Officer Crotts: Yes, the County will make a Closing Statement. As stated before,
the work had been commenced without obtaining a permit, which was confirmed by
Raul Perez, the Chief Building Official. Mr. Cuebas has since applied for the permit,
it was issued, and he is currently in compliance.
Chairman Lantz: Mr. Cuebas, we moved to the County’s Closing Statement, but
did you finish your defense?
Stephen Cuebas: Well, you gentlemen are completely right – I should be
responsible, and I’ve made some changes. I’ve been doing this for thirty years and
this is my first time – I should never be here. I’ve made many changes ... I’m not
going to ... as you know, there is no excuse ... I’m not in the field – I’m all over but
now I’m taking a bigger responsibility for handling the permits. I am handling them
and I’m doing my best.
Chairman Lantz: So is it safe to assume – from what I’m reading between the lines
– that you are saying that you are guilty, but you are trying to do better.
Stephen Cuebas: No, we’re going to do very much better. I’m not here to say
something didn’t happen ... it did, and we did it, but I’m aware and we’ve changed it
and are improving.
Chairman Lantz: Okay.
Richard Joslin: You should make sure you have a valid permit for the job before
your men get there.
Stephen Cuebas: Absolutely. We will not commence a job without a permit – our
men will go with the permit. Yes, absolutely.
Chairman Lantz: Would you like to make a Closing Statement?
Stephen Cuebas: I think I’ve said what I needed to say.
Chairman Lantz: Okay. [To Officer Crotts:] And you’re good?
Officer Crotts: I’m good, sir, thank you.
Chairman Lantz: We need a motion to close the Public Hearing.
Richard Joslin moved to approve closing the Public Hearing. Terry Jerulle offered
a Second in support of the motion. Carried unanimously, 6 – 0.
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Chairman Lantz: Now we need to determine if the Respondent is guilty or not
guilty.
Richard Joslin: The Respondent has already admitted that he definitely made a
mistake – whether it was a clerical or whatever – there as no permit. Thought he said
he submitted the plans, through testimony, he hadn’t. He has admitted his guilt.
Terry Jerulle: Is that a motion?
Richard Joslin moved to approve finding the Contractor, Stephen Cuebas, guilty of
the violations cited in the Administrative Complaint for Case Number 2019-07.
Terry Jerulle offered a Second in support of the motion.
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, 6 – 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 listed the disciplinary Sanctions:
• Revocation of the Respondent’s license;
• Suspension of the Respondent’s license;
• Probation not to exceed two years;
• Restitution;
• Fines not to exceed $10,000.00;
• Public reprimand;
• Re-examination requirement;
• Denial of the issuance of Collier County or city building permits or requiring
the issuance of permits under certain conditions;
• Reimbursement to the County of reasonable investigative costs for the
prosecution of the violation.
Attorney Schneck further explained when considering disciplinary Sanctions, the
Board should also consider the testimony and all the evidence presented, as well as:
• The gravity of the violation;
• The impact of the violation on the public health/safety/welfare;
• Any actions taken by the violator to correct the violations;
• Any previous violations committed by the violator; and
• Any other evidence presented at the Hearing relevant to the Sanctions which are
appropriate to the case, given the nature of the violation.
Michael Ossorio provided background information concerning the Board’s options
including reporting the violation to the State’s Construction Industry Licensing Board
(“CILB”). He cited Section 61G4-17, the Florida Administrative Code, and noted the
following categories:
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• Normal Penalty Ranges,
• Aggravating and Mitigating Circumstances;
• Repeat Violations;
• Penalties – Cumulative and Consecutive
• Mitigation;
• Probations;
• Stipulations;
• Violations of Provisions of this Chapter.
He stated the CILB’s guidelines for fines:
1. For a contractor who pulls a permit after starting a job but prior to completing
work for same, and who does not miss any inspections, the minimum fine is $250,
and the maximum fine is $3,000.
2. For the failure to obtain inspections, the minimum fine is $500 and the maximum
fine is $2,500 plus probation.
3. If a job has been finished without a permit having been pulled or permit was
pulled after the job, or a late permit during the job resulting in missing
inspection(s), the minimum fine is $1,000 and the maximum fine is $5,000.
He suggested the Board should consider Item #1 plus probation as options. He
confirmed the Board could chose to do what it felt was appropriate.
Mr. Ossorio continued that the Contractor was present for the hearing and took
responsibility for the violation, he understands the gravity of the violation having
been in the business for many years and did obtain a permit. He concluded by noting
the Board should deliberate the penalty phase as its next step.
Chairman Lantz: Can you go over his history?
Michael Ossorio: Permit violations are not “violations” found under the Licensing
Board but are under Misconduct as a “minor” violation. He gave examples (the
permit runner couldn’t file it on the expected day, or the permit was lost, the permit
was validated) and the individual is not considered to be “in violation.” There were a
couple of instances where the Licensing Supervisor at the time determined that Mr.
Cuebas had to face the Board to deal with the issues within his company. Other than
that, I don’t think we have any big complaints about his company– nothing stands out
in my mind.
Chairman Lantz: Just that one where he failed to get a building permit?
Michael Ossorio: Well, he’s had a couple ...
Officer Crotts: Yes, I can give you the information on those.
Michael Ossorio: ... and those are just alleged violations but should not be found in
violation by the Licensing Board. It should be weighed as not so much a “punitive”
because when you do work without a building permit, the Florida Building Code
requires a Contractor to pay twice the amount of the permit fee. The City of Naples is
a little bit more. His penalty for working without a permit, under Marco Island’s fee
schedule, is twice the amount of the fee.
Chairman Lantz: So he’s already paid double permit fees?
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Michael Ossorio: He’s paid whatever the cost of it is.
Officer Crotts: The City of Marco Island is four times the cost of the initial permit
fee.
Chairman Lantz: How much is that?
Stephen Cuebas: I think it was $383 ...
Terry Jerulle: In his proposal, I think he charged the homeowner $300 for the
permit.
Chairman Lantz: So he’s already paid three times that ...
Terry Jerulle: We don’t know. Testimony says that he is supposed to pay four
times ...
Chairman Lantz: Well, one time you have to pay no matter what.
Terry Jerulle: ... but we don’t know whether he’s paid that or not.
Chairman Lantz: But the permit has been issued – correct?
Officer Crotts: The permit has been issued, that’s correct.
Vice Chairman Nolton: Do you know how much he paid for it?
Officer Crotts: I do not.
Tery Jerulle: It’s irrelevant to us. In my mind, it’s irrelevant.
Vice Chairman Nolton: The only reason why I asked is then he would have been
penalized if he had paid four times, but I know other examples where it’s been
waived by the agency and if they haven’t charged him four times ...
Chairman Lantz: Unless you get it done later. So, in your testimony, did you pay
four times the permit fee?
Stephen Cuebas: We waited ... I think that’s what ... that’s what I thought we were
coming here for today ... I didn’t know what it was ... what it is.
Chairman Lantz: So, you didn’t pay extra for the permit? You just paid whatever it
was.
Stephen Cuebas: No, the permit ... that’s what we’re waiting for from Marco Island.
That’s exactly ... the permit is ... everything has been applied for and it’s at the house
– it’s there – and we can’t close it out because I’m supposed to pay a fine or two.
That’s why we’re here – am I right?
Terry Jerulle: You could pay a penalty or as our attorney has said – we can revoke
your license.
Stephen Cuebas: I know that ... I am aware of that.
Terry Jerulle: Or we could suspend your license.
Stephen Cuebas: You could put me out of business ... but ...
Chairman Lantz: So, if someone does a job without a permit and the are cited by
the Compliance Officer, how much is that -- $2,000?
Michael Ossorio: If you are an unlicensed company working without a building
permit, it’s a $1,000 fine.
Chairman Lantz: And for the second offense?
Michael Ossorio: The second offense is $2,000. But that’s for unlicensed activity.
Chairman Lantz: But if you are licensed, it doesn’t apply?
Michael Ossorio: If you are licensed, we treat it under violations as what we just
discussed. If you are a State-certified Contractor, we do an investigation to determine
what your intent was ... as in a “willful” violation ... or is it misconduct. Just make
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sure you realize that a city ordinance has nothing to do with our local Ordinance and
how you deliberate violations. With the State – it’s the same way, I don’t think they
would let you work without a building permit but if the State suspected that’s you
pulled a building permit after, you could be “red tagged” and you would pay an
appropriate fee under the Florida Building Code. But that has nothing to do with a
specific license. A fee doesn’t generate any activity on your license. You could be
an owner/builder, or you could be a general contractor or a mobile home contractor
over which this Board has no jurisdiction. It’s just a broad-based fee just to make
sure that if you do work without a building permit, that it accumulates four times or
twice the amount. And the fee sometimes is very minimal. If you work in Collier
County without a building permit, I think the fee is $170 – the extra fee. It’s only the
fee. I don’t know what Marco does.
Chairman Lantz: In other words, if I pay what I consider $800 for a permit – that
includes the inspections – and then four times or two times might only be on the ...
Michael Ossorio: Just on the application itself. Marco may be a bit pricier. I’ve
seen one single-family home where they started work twenty minutes early and the
fine was $5,000 extra on the permit. The Scope of Work and the type of the permit is
generally what determines. This is typically just a single discipline – over the counter
– so it would be $70 or $80 or less. But it’s pricey doing business and that’s why
when we issue a non-compliance, we try to reign them in.
Terry Jerulle: When was the last time that you took the exam?
Stephen Cuebus: It’s been about fifteen years, I guess ... I’m in compliance ... I
know the rules ... I hear your Director. I have been doing this for thirty years and if
you look at any of the infractions that you see, it’s been over fifteen years – it’s not
something that happens all the time. It’s not habitual. It was a mistake and I
corrected it. You’re right and I agree with you – wholeheartedly. I must be on top of
it.
Terry Jerulle: Everybody in your company should know ... not just you ...
everybody.
Stephen Cuebus: I understand. They do now. This is embarrassing enough.
Richard Joslin stated he was in favor of finding the Respondent guilty but while
looking at the “gravity,” he stated the permit would be m most-likely be finalized
after the hearing was over. He wanted the Respondent to be “watched” because this
was not an isolated incident ... the Respondent had received several “slaps on the
wrist” which should have been a wake up call to the Respondent to pay attention and
become more involved in the running of his company.
Richard Joslin moved to approve finding the Respondent guilty of the allegation
contained in the Administrative Complaint and recommended placing him on
probation for a period of one year. The Respondent is required to pay a fine
in the amount of $1,000.00 and is also required to reimburse the County for all
costs incurred in the prosecution of this matter.
Chairman Lantz [To Staff]: Are there any costs?
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Michael Ossorio: It was a simple matter and took the Investigator only one day.
The total cost is $250.
Richard Joslin: I don’t think a test is going to help after fifteen years.
Terry Jerulle: Why do you say that? When he has to take the time to take a test, it
will remind him – every second that he’s there, taking the test – that he doesn’t want
to be back before this Board doing this again.
Stephen Cuebas: Can I say what a small company we are? And I understand. I’m
not incompetent. Yes, I turned 50 in December. If you want me to review books or
whatever, but I ask that you not require me to take tests. Please understand that I run
a company.
Richard Joslin: What are your thoughts, Terry.
Terry Jerulle: I said what I said.
Vice Chairman Nolton: Do we have a motion?
Chairman Lantz: We have a Motion.
Vice Chairman Nolton offered a Second in support of the motion.
Chairman Lantz asked the members if there was any discussion.
Discussion:
• Michael Boyd suggested allowing the Respondent three months to take the
test.
• Chairman Lantz noted the motion did not include a testing requirement.
• Richard Joslin stated he would amend his motion. After being in the
business for so many years, many things can be missed.
Michael Ossorio explained a Point of Order. Since the motion received a Second in
support, the maker of the Second must withdraw his Second so Mr. Joslin may amend
his original motion.
Vice Chairman Nolton withdrew his Second of the motion.
Richard Joslin moved to amend his previous motion to include a requirement for5
the Respondent to take and pass the Business and Law exam within ninety-days
from the date of the Order.
Chairman Lantz stated there was a new motion on the floor and asked if anyone
wanted to Second it.
Terry Jerulle offered a Second in support of the motion.
Michael Ossorio confirmed the terms of the motion:
• $1,000 fine;
• $ 250 for investigative costs;
• The fine and the costs will be paid within ninety days of the Order,
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• 90 days to take and pass the Business and Law exam; and
• Probation of one-year.
Chairman Lantz asked the Respondent if he understood the terms of the motion and
the reply was, “yes.”
Chairman Lantz asked the members if there was any discussion of the amended and
clarified motion. He stated he did not agree, personally, with the testing requirement.
He saw it as a “punishment” that it would not solve anything. Other members were in
support of the testing requirement.
Richard Joslin: Obviously, he doesn’t know the rules.
Stephen Cuebas: If you look at my record for the past fifteen years. This one I
wholeheartedly admit to. I’ll take the fines and I’ll take my punishment, but the test
is something I honestly don’t think is fair.
Chairman Lantz: Is there any further discussion?
Discussion:
• Richard Joslin: Just one more question. Do the members of the Board feel
confident that he is not going to do this again?
• Chairman Lantz: I think paying the fine, reimbursing the County, and being
on probation is enough to deter him from doing this again.
• Michael Ossorio noted the probation would be administered by the Licensing
Board and not the Licensing Office Supervisor so any infraction would
require a review by the Licensing Board.
• Stephen Cuebas: You guys have given me a penalty and probation for one
year. School is humiliating enough.
• Richard Joslin stated he would withdraw the testing requirement from his
motion.
• Michael Ossorio pointed out that Mr. Jerulle would need to withdraw his
Second of the motion before Mr. Joslin could amend it again.
Terry Jerulle asked for confirmation under Roberts Rules of Order.
Attorney Schneck: If you don’t withdraw your Second, then the motion will die.
Then a new motion will be made.
Terry Jerulle: And if I don’t withdraw?
Attorney Schneck: Then the Chairman can call for a vote.
Terry Jerulle: And that vote will either pass or fail.
Attorney Schneck: If the motion does not pass, then there could be another
discussion and a new motion made. If it passes, then the case is closed.
Terry Jerulle: I am not going to be pressured either way. I believe what I believe.
Okay. I don’t think you know how to pull a permit. I don’t think you know what the
procedure is, and I don’t think you can dictate that correctly to your employees. I
think you should take the test. Those are my feelings. With the evidence given to me
today, I really think you should take the test and I think every employee in your
company should know that they can’t work without a permit because I don’t think
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this is the first time that this has happened. From the testimony and the evidence, I
think this is an on-going thing. I’m not asking you anything. I’m explaining my
position to the Board. But in the end, since it is personal, I will withdraw my Second
of the motion.
Chairman Lantz: I will say, I haven’t taken this Business and Law test, but I have
taken other Boards’ tests and it ...
Terry Jerulle: It isn’t that big of a deal. He should be able to go there, take and pass
it without a couple of hours.
Stephen Cuebas: But this test is not going to teach me ...
Chairman Lantz: It’s not going to tell him how to pull a permit.
Terry Jerulle: But it will tell him that he must have a permit.
Richard Joslin withdrew is previous motion.
Chairman Lantz: We no longer have a motion on the floor.
Richard Joslin moved to approve finding the Respondent guilty of the allegation
contained in the Administrative Complaint and recommended placing him on
probation for a period of one year. The Respondent is required to pay a fine
in the amount of $1,000.00 and is also required to reimburse the County the sum
of $250.00 for the costs incurred in the prosecution of this matter. The fine and
the reimbursement to the County will be paid within ninety days of the Order
in this matter. Vice Chairman Nolton offered a Second in support of the motion.
Chairman Lantz: We have a motion and a Second. Does anyone want to discuss it?
[There was no response.]
Chairman Lantz called for a vote on the motion.
Motion carried, 5 – “Yes”/1- “No.” Mr. Jerulle was opposed.
Chairman Lantz stated:
• This cause came for a Public Hearing before the Contractors’ Licensing Board
on December 18, 2019 for consideration of the Administrative Complaint
filed against Stephen Cuebas, Respondent, License Number C28726, d/b/a All
Weather Hurricane Shutters, 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:
• Stephen Cuebas, d/b/a All Weather Hurricane Shutters, Inc., is the holder of
record of a Collier County Certificate of Competency, License Number
C28726.
4.A.1
Packet Pg. 33 Attachment: CLB_Minutes_20191218 (11314 : Approval of Minutes December 18, 2019)
December 18, 2019
31
• The Collier County Board of County Commissioners is the Petitioner in this
matter and Stephen Cuebas is the Respondent.
• The Board has jurisdiction over the person of the Respondent who was present
at the December 18, 2019 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 allegations set forth in the Administrative Complaint as to Collier County
Ordinance #90-105, as amended, Section 22-201(18):
o Count I: Commencing work without first obtaining a building permit.
• The allegation was supported by the evidence presented at the Hearing.
Conclusions of Law:
• The allegation set forth in the Administrative Complaint as to Count One is
approved, adopted, and incorporated herein, to wit:
o The Respondent violated Ordinance #90-105, as amended, Section 22-
201(18) 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 one
(1) opposed, a majority vote of the Board members present, the related
Sanctions and following Order are hereby imposed upon the holder of Collier
County Certificate of Competency, License Number C28726, as follows:
o The Respondent will be place on probation for a period of one year,
commencing on the date of this Order;
o The Respondent will pay a fine of $1,000 within ninety days of the
date of this Order, and
o The Respondent will reimburse the County the sum of $250.00 which
was incurred in the prosecution of this matter within ninety days of the
date of this Order.
Chairman Lantz: The hearing is now concluded.
Chairman Lantz: I’d just like to make a quite statement. It seems like, you know,
people might say we’re complaining against them or are out to get people and we’re
asking a lot of questions that may not have been asked before. To me, I find that to be a
positive for our Board. I think it’s great that everybody here is questioning and going
into detail. It shows that we are doing the best to serve the citizens of Collier County.
4.A.1
Packet Pg. 34 Attachment: CLB_Minutes_20191218 (11314 : Approval of Minutes December 18, 2019)
December 18, 2019
32
Richard Joslin: I have a brief statement. At the end of our last meeting, I asked
Everildo Ybaceta to investigate what a Pool/Spa Servicing Contractor can do as far as it
relates to new construction. I question the Contractors who are installing new pool
equipment for builders with just a Pool/Spa Servicing and Repair Contractor’s License. I
understood that the holders of that license could only repair existing equipment.
Michael Ossorio: I wasn’t here at the last meeting.
Richard Joslin: I know ... but if you could investigate this issue for our next meeting.
Michael Ossorio: I will tell you that when you look under Section 489 under
Definitions, it is what it is. I can give you an answer next month or I can give you an
answer today. If you really want a Declaratory Statement, and it’s something that Board
hasn’t done in a while, you can ask that question and we will pose it to the Construction
Industry Licensing Board (“CILB”). When you talk about Repair and Servicing
Contractors, the majority are state certified. I could say whatever, but it might not “hold
water” if you go to Lee County or Charlotte County. If you really want to due justice,
you can prepare a Declaratory Statement on behalf of the Board to the CILB because you
do have standing and you have a question. We discuss it at the next meeting and vote on
it and to clarify the Declaratory Statement. I think that’s the way to find out the
definitive answer. By the way, the Department of Business and Professional Regulations
(“DBPR”) website has many Declaratory Statement on it and you can see if another
jurisdiction has asked the same question. And I will look at that.
Richard Joslin: I have looked at the nomenclature – as far as how it is written on what a
state-certified Pool/Spa Servicing and Repair Contractor can do. It seems everything
revolves around repairing “existing’ which means you remove an old part and install a
new one. But can they install brand new equipment on a new construction job – that’s
my question.
Michael Ossorio: That makes sense. Since the majority of these contractors are state-
certified, we should defer to the CILB and present that question to them. I’ll do two
things: (1) I’ll look to see if there are any Declaratory Statement that may answer your
question and (2) I’ll enter the item on the next Agenda under “Discussion.” The Board
can then vote if it wants to ask that specific question. I’ll do my research and we’ll figure
it out.
Richard Joslin: Okay, thank you, Mike.
Michael Ossoro: The election of the Chairman and Vice Chairman will be on next
month’s Agenda.
NEXT MEETING DATE: WEDNESDAY, JANUARY 15, 2020
BCC Chambers, 3rd Floor – Administrative Building “F,
Government Complex, 3301 E. Tamiami Trail, Naples, FL
4.A.1
Packet Pg. 35 Attachment: CLB_Minutes_20191218 (11314 : Approval of Minutes December 18, 2019)
December 18, 2019
33
There being no further business for the good of the County, the meeting was adjourned at
11:19 AM by order of the Chairman.
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 _______________________, 2020, (Check one) “as submitted” [___] or “as amended” [___]
4.A.1
Packet Pg. 36 Attachment: CLB_Minutes_20191218 (11314 : Approval of Minutes December 18, 2019)
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 6.A
Item Summary: Election of Chairman and Vice Chairman - 2020 Term
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 12:12 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 12:12 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 12:12 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:52 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
6.A
Packet Pg. 37
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 6.B
Item Summary: Swimming Pool/ Spa Servicing/ Repair Contractor Review
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 2:44 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 2:44 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 2:44 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:52 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
6.B
Packet Pg. 38
489. Definitions
l) "Swimming pool/spa servicing contractor" means a contractor whose scope of work
invo
spa,
the repair and servicing of a swimmi or hot tub orlves, but is not limited to,
whether public or private , or otherwise, regardless of use.
the repair or replacement of existing equipment, any cleaning
requires at least a partial disassembling, excluding filter changes
u and the su bstant a or
swimming pool, or hot tub or spa, for the purpose of repair or renovation. The scope of such
work does not include direct connections to a sanitary sewer system or to potable water
lines. The installation, construction, modification, substantial or complete disassembly, 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 does not
require licensure unless the usage involves construction, modification, substantial or
complete disassembly. or replacement of such equipment. Water treatment that does not
require such equipment does not require a license. In addition, a license is not required for
the cleaning of the pool or spa in a way that does not affect the structural integrity of the
pool or spa or its associated equipment.
WTEEEllEre
scope of work includes
installation of
of pool heaters,
6.B.1
Packet Pg. 39 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
o
Sec. 22-162. - Definitions and contractor qualifications.
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:
Swimming pooUspo servicing/repair contractor requires 24 months experience with a passing grade
on an app roved test and e on a busi
scope of work invo the re
tub or spa, whether
ness and law test and means a contractor whose
pair. anffiffitsf any swimming pool, or hot
regardlesi bf use. The scope of work includes theerwise,
repair or replacement of existing equipment, any cleaning or men t sanitizing which requires at
least a partial disassembling, excluding filter chan
equipment, interior refinishing, the reinstallation or a tion of pool heaters,
replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for
pool/spa equipment, and the substantial or complete draining of a swimming pool, or hot tub or
spa, for the purpose of any repair or renovation. The scope of such work does not include direct
connections to a sanitary sewer system or to potable water lines. The installation, construction,
modification, substantial or complete disassembly, 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,
substantial or complete disassembly, 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.
but is not limited
and the installation of new
the repair or
6.B.1
Packet Pg. 40 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
FILED
hrt r ol ].trr r, irrEnl rt rEi
Dar(y Ar.riy cl.*
EtlrX 6rrtoh Nanob0- 1flm0
Fr r 2010{@00
STATE OF FLO
CONSTRUCTION INDUSTRY NG BOARD
hI RE: THE PMTION FOR OECLARA
STATEMENT OF ROONEY S. FISCH R DS 2009-064
THIS MATTER came before the Construction uslry Uc€nsing Board (Board)
pursuant to section 120.565, Florida Statutes and C r 28-105, Florkla
Administrative Code. Al a duly-noticed public meeti held on November 13, 2009 in
Orlando, Florida, lhe Board considered Rodney S. F r's Petiuon ,or Declaratory
of Business and Professional
Regulation on October 1, 2009 Notice of the Petit was publbhed on October 30,
2009, in the Florida Administrative Weekly. Written mmenls were received from the
by thB Board. Petitioner, was
present at the meeting. Having considered the Petiti
the Board states the follouiing:
1. The facts considered by the Board are alleged in the Petltion with no
F]NAL ORDER
and relevant statutes and rules.
Pogc I of 4
Statement. The Petition wa3 filed with the
Florida Swimming Pool Associalion and were
6.B.1
Packet Pg. 41 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
further investigation by the Board. The Petition is
reference.
2. Petitioner is the executive director oft
Licensing Board.
swimming pool/spa servicing contractor may legally
suction public/commerctal pools to gravity-fed col
accordance witt the amend€d Florida Public Swim
64E-9, Florida Administrative Code.
4. The work in que8tion requiros the re
of the pool structure, lnstallation of piping arra
disinfectant devices of a nqrv kind. The work may
pool shell.
5. The Construction lndustry Licensing B
Order pursuant to Section 120.565 Florida Stalutesi
Administrative Code.
6. Petitioner is substantially affected, as requ
Stalutes.
7, Section 489,105, Floride Statutes p
pool contractor classifications.
' 8. The Board findsthat:
hereto and incorporated by
Pinellas County Construction
regarding whether a
rm the conversion of direct
tank system pools in
ng Pool Code requirements in Rule
I of concrete decks, penetratlons
, collection tankg, filters, and
include cutting or penetrating the
has authority to issue this Final
and Rule 26-105, Florida
by section 120.565, Florida
th€ scope of license for swimming
Page 2 of 4
3. The Peution€r r€ceives inquiries and
6.B.1
Packet Pg. 42 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
A. A swlmming poouspa servicing
of a swirnming pool concrele structure.
B. A swimming poouspa servicing
gystem from a direcl guction type to a gravity fed co
This Final Order shall become etfectlve upon
Oepa ment of Business and Professional RegulatioJ
DoNE AND onoEneo tnis 3P! day ot
cannot make any modifications
cannol ohange a ,iltration
on tank type system.
ng with the Clerk of the
2009
, ':|
ELI A. WATTS, Chair
lndustry Licensing Board.
Page 3 of 4
6.B.1
Packet Pg. 43 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
REVIEWED.
lndustry Licensing Board,
17{A
32399-1039, this , d
A PARTY 1A'I.IO IS ADVERSELY AFFECTED BY S FINAL OROER IS ENTITLED TO
JUDIC!qL REVIEW PURSUANT TO SECTION 120., FLORIDA STATUTES. REVIEW
PROCEEDINGS ARE GOVERNED BY THE ORIDA RULES OF APPELLATE
ENCED BY FILING ONE COPY OFPROCEDURE. SUCH PROCEEDINGS ARE COM
A NOTICE OF APPEAL WITH THE AGENCY C RK OF THE DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGUIS AND A SECOND COPY,
ACCOMPANIED BY FILING FEES PRESCRIBED LAW WTH THE DISTRICTCOURT
OF APPEAL, FIRST DISTRICT. OR WITH THE DI ICT COURT OF APPEAL IN THE
APPELLATE DISTRICT \NI-IERE THE PARTY RE IDES. THE NOTICE OF APPEAL
MUST BE FrLED WTHIN THIRTY (30) DAYS OF DITION OF THE ORDER TO BE
c T F
I HEREBY CERTIFY that a true and correct of the foregoing was fumished
by U.S. Mail lo: Rodney S. Fishcer, Execulive ,12600 Belcher Road, Suite 102,
Largo, Florida 33773: and by interoffice mail to Da Biggins, Assistant Attorney
General, PL-01 The Capitol, Tallahas8ee, Florida 3 1050, and the Constructlon
1940 North Monroe MS#N14, Tallahassee, Florida
ay ol
hil,l,l
Pagc 4 of 4
6.B.1
Packet Pg. 44 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
cltrt
Etr
FFc,
,
m
i,|
E)ru
ruE'
r!EIcrr!
LFrclo
Rd
t
;-C
qrovidOnttDornesli(:
cdatu
r.-?. Rodney S. Fi , Exe,:utive
Dircctor
12600 Belcher d, Ste 102
Largo, FL 3377
dt
6.B.1
Packet Pg. 45 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
Rodney S. Fischer, Executive Director
Pin€lla8 County Construdion uconsing Board
12600 Belcher Road, Sulte 102
Largo, Florida 33773
17271 53H.72O ofrlce
(7271 53u797 ta:{
This Petitbn for a Dechratory StatemBnt is r€lated
' StAtUts!. and more Bpecirically io 489.105 (3Xl).
Recent rule changes in the
that any exisung public/commercial swlmmlng pools
type piping, ,ill,alion and circulat'ron systems be con
lank type syslem. Thlg work shall be complotod
pool9 and spas mu6l be closed. Succes3ful comp
complicated than wo deecribed in the Ecop€ of
Serviclng Contractors as publbhBd in 489.'t05 {3Xl).
This work is not deallng wlh 'lik6, similer, ssme as
requires lhe rornovsl of ooncrete decka, p€natations
completely difbrent plplng arrangement and ins
disinfectant devi:e3 tlrat are not similar to the obsol
penelralion or cutting of the swlrllming pool sleel-rei
A parallel bsue ls being caus€d by the enrorcemenl
& Spa Safetv Act that became effactive in Dacembe[
all publicJcomrnercial pools and spas be retrofittod
draln grates.
FILED!r.,riil.r LlE - dt# llc.r
Dllfr rfFE, CH.
CUaI }-ibr Ncrrl(x. 10112009
Petition for Decla ratory'
Before the
Florida Conslruction lndustry
Statement
Licensing Board
DS 2009-064
Chaoter 489. Parl 1. Florida
E.9 requires
nd spa pools with dirBct suction
to a gravlty fed collsctlon
for Swimming Pooltspa
Bquivalenl" meterlals, but instesd
lhe pool Btructure, installing a
of a colloction tank, filter, and
syst€m. This work can involve
rced concrete shell.
the Vrroinia Grssma Baker Poot
new strcnger and sdef main
Petilionor:
July 1 , 2013, or non{ompliant
ot thls work is tar more
2000. This Federal Law r€quires
6.B.1
Packet Pg. 46 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
Simple grale replacoment can be handlly accomp
Servicing Contractors. HotrtEver, on some pools
maln drain grele may not llt the exbting maln drain
the piping b hot lhe proper size. ln lhese ces€s
include rBmoval Ot the main drain sump, demolltion
pool concroto floor, a piping run under the pool fl
components. We have serious concerns lhat this
is described in tha scope of work for Swimmlng po
$ork shouH bB done by clfltraclors familhr with
watertight lntagrity of the pool shell.
All of this construction, regardlBs of the mandste
preparation of'engineered. drawing3 by a professi
Department ol HBatth engineering approval, as woll
Health and lhe "Engineer of Record., Thk is not
renovallon. ln our opinion, lt ls n€w construcflon and
Commercial PooUSpa Contractor.
lnquiries and questions related to those issues ale
Therefore, we at the Pinellas Counly Constvuc{on
Qu$tlon 'l: 'Can a Swimming pooUspa Servicing
penBhation or modification of a swimmlng pool
Qugstion Z: 'Can a Swimming poouspa Servicing
Petitbnen
Rodney S. Fbch.r, Executi\re Director
Plnellas County ConBtuclion Lic€nsing Board
2
by S\ffimmlrE Poouspa
ent i8 not slmplo. The nBw
or sump and in some cases
work is required that will
excsvation of portions of the
and roplacement of all of these
i8 of tar grEaler complexlty than
pa Serviclng Contractors. Thb
ntaining strucfural as wEll as
ing cornpliod wih, will require
work, repal , replacement or
is work thal should be done by a
diracted to our offic6.
ing Board seek your advica Eo
rce rslgvant portions of Chaoter
nlractor do work that includes
slruclu16?'
traclor change s filtratlon system
k qDe systam?"
$/e may better advise our conslltuents and better
409. There are two questions In thls petiflon.
from E direct suclion typs lo a gravity fed oolleclion
Oate: Soptomber 24. 2009
Engineer. Also required is
monitoring by the Department of
6.B.1
Packet Pg. 47 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
FILED
o.D.Jr6r .l D6la mo ,el..'Lnrl ,.t!l.n6
oepirty Agency Clerk
CLERX Brandon Nichols
Dote 12t27 t201OFir.t 2010-11969
IN RE:
DS 2010-081
STATE OF FLORIDA
CONSTRUCTION INDUSTRY LICENSING BOARO -
THE PETIT ION FOR DECLARATORY STATEMENT OF
RICHARD P. CONWAY, MARCELO KRONEMBERG &
THE ORIGINAL FIVE STAR POOLS, LLC
FINAL ORDER
Thrs mafter came before the Construction lndustry Lrcensrng Board
(Board) pursuant to sectron 120 565, Flonda Statutes At a duly-notrced publrc
meetrng held on November 12,2010 rn Altamonte Spnngs, Flonda, the Board
consrdered the Petrtion for Declaratory Statement filed by RICHARD P
CONWAY and MARCELO KRONEMBERG, who were present
The Petrtion was frled with the Department of Busrness and Professronal
Regulatron on October 22,2010. Nohce ofthe Petrton was pubhshed on
November 5, 2010, rn the Flonda Admrnrstratrve Weekly Comments were
recerved from the Flonda Swrmmrng Pool Assocralon
Havrng consrdered the Petrtron and relevant statutes and rules, the Board
rssues the followrng
FINDINGS OF FACT:
1. The facts consrdered by the Board are as alleged rn the Pehtron, a copy
of whrch rs attached hereto and rncorporated by reference, and presenled at the
Page lof 4
6.B.1
Packet Pg. 48 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
meetrng, wrth no further tnveshgatton by the Board
2 Petrtroner Conway rs lrcensed by the Board as a Certrfied Pool/Spa
Servrcrng Contractor
3 Pehtroners ask the Board whether the Lcense scope lncludes the
rnstallatron of pool solar heaters
CONCLUSIONS OF LAW
4 The Constructron lndustry Lrcensrng Board has authonty to issue thts
Frnal Order pursuantto Sechon 120 565, Flonda Statutes, and Rule 28-105,
Flonda Admrnrstratrve Code
5 Petrtoner rs substantrally affected, as required by sectron 120.565,
Flonda Statutes
6 Pursuant to sectron 489 105(3Xl), Flonda Statutes, the scope of work
for a certrfred pool/spa servrcrng contractor rncludes the rernstallatton or addltton
of pool heaters
7 Further paragraph (p) provrdes that the solar contractor classtftcahon
does not prevent a pool servrcrng contractor from provrdrng servlces withln the
pool servrcrng contractor's respectrve classrficahon
Therefore, the Board hereby rssues a declaratory statement that a certtfted
pool/spa servrcrng contractor may rnstall solar pool heaters
Thrs Frnal Order shall be effechve upon fl|ng wrth the Clerk of the
Department of Business and Professronal Regulahon
Page 2 of 4
6.B.1
Packet Pg. 49 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
DONE AND ORDERED thrs ) \day of
2010
WILLIAM S SHEEHANreharr
Constructron lndustry Lrcenstng Board
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS
ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA
STATUTES, REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA
RULES OF APPELLATE PROCEDURE SUCH PROCEEDINGS ARE
COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE
AGENCY CLERK OF THE DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION AND A SECOND COPY, ACCOMPANIED BY FILING FEES
PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST
DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE
DISTRICT WHERE THE PARTY RESIDES THE NOTICE OF APPEAL MUST BE
FrLED WTHrN THTRTY (30) DAYS OF REND|T|ON OF THE ORDER TO BE
REVIEWED
il./*,t/"rh*
Page 3 of 4
D...-L r-
NOTICE OF RIGHT TO JUDICIAL REVIEW
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregorng Order
has been provrded by U S Marl to. RICHARD P CONWAY and MARCELO
KRONEMBERG, 3527 Tamramr Trarl Unrt A, Port Charlotte, Ftonda 33952, and
by hand/ rnteroffice delrvery to Danrel Brggrns, Asststant Attorney General, Surte
PL-01, The Capitol, Tallahassee, Flonda 32399-1050, Tammre Bntt, Surte PL-OI,
The Caprtol, Tallahassee, Flonda 32399-1050 and the Constructron lndustry
6.B.1
Packet Pg. 50 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
Lrcensrng Board, 1940 No
onorbefore500pm,thr
Street, Tallahassee, F
ay of
londa 32399-1039,
2010
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(Domedic na On y; No ln3urance Coyeage prcvided)
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Page 4 of 4
natlm FL.3Dr F.6
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Fev6rse,or lnstruclions
6.B.1
Packet Pg. 51 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
FILED
E .rrBi d r!ll3 ina t,t aaiara taartaa.r
oepuly Asorcy cl€rt
Cl-€81( Brr.x,onNchols
D!t' 1Ol22l2O'lO
From: Marcelo Kronemberg Imailto:orig.fivestarpools@yahoo.com]
S€nt: Friday, October 22,20L0 12:38 AM
To: Shaw, Donald
Subject: Installation of Solar Pool Heating System
DS 2010-081
Dear Sir:
North Port to install a Heliocol Solar Pool Heating System. We havc been denied due to a
misinterpretation ofthe scope of work involved; we were told that a "solar contractor" license
was required. With all due respect, we are adding a pool hcating system- a solar type that
connects to the existing pool filtration system. We believc this is included in our scope of work
as stared in Chapter 489.1 13 (l) of 2010 Florida Statutes:
"Swimming pool / spa servicing contractor" melns a contractor whose scope ofwork
involves, !glliqlgll!i!tri!9d..]!9 the reinstallation or addition of oool heaterc...
There was no exception or cxclusion ofSolar Pool Heaters in the scope of work for Pool/Spa
Servicing Contractor nor did it state any requircment for a solar license to install solar pool
healers.
Furthermore, in Chapter 489.1 I 3 (o), it is also stated that "A contractor, certified or
registered pursuant to the provisions of this chapter is not required to become a certified or
registered solar contreclor or lo contract with a solar contractor in order to provide any
seryices enumerated in this paragraph that are within thc scope ofservices such
contractors may render under this part.
We hope we can resolve this issue immediately so we can move forward and continue to creale
much neededjobs and keep the ones we fortunately have.
Thank you vcry much for your time and understanding regarding this matter.
Sincerely,
Richard P. Conway (CPC 025 642) and Marcelo Kronemberg (President)
The Original Flve Star Pools LLC
//AMR
(.-- - -- -.
--
)
We are a state licensed PooVSpa servicing contractor trying to pull a permit from thc City of
To view Licensee Details :
Please press CTRL + click on this link
https://www.nrvlloridalicense.com/LicenscDctail.aso?SlD:&id= I 6B0434F22CC32D33854261"3
I FB IAD67
6.B.1
Packet Pg. 52 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
6lG4-15.032 Certification of Swimming Pool Specialty Contractors.
(l ) Scope ofRule. The scope ofthis rule is to provide for the voluntary certification of swimming pool specialty
contractors.
(a) Swimming pool specialty contractors may only perform the services within the scope of work defined for that
particular category swimming pool specialty contractor. Nothing in this rule shall limit the scope of a confiactor as
defined in sections 489.105(3Xi)-(D, F.S., fiom performing swimming pool layout, structural work, excavation, trim
work, decking, piping, and finishing.
(b) Swimming pool specialty contractors must work under contract, under t}te supervision, and within the scope
of work of a contractor licensed pursuant to sections 489. 105(3)C)-(D, F. S.
(c) Each category of swimming pool specialty contractor contained in this rule constitutes a separate license and
obtaining licensure in all swimming pool specialty contractor categories shall not entitle a person to licensure as a
contraclor as defined in sections 489.105(3)(i)-(D, F.S.
(2) Definition.
(a) A "Swimming Pool Layout Specialty Conhactor" means a swimming pool specialty contractor whose scope
ofwork is limited to the layout, shaping, steel installation, and rough piping ofpools, spas, and hot tub shells.
(b) A "Swimming Pool Structural Specialty Contractor" means a swimming pool specialty contractor whose
scope of work is limited to the shaping and shooting ofgunite, shotcrete, concrete, or similar product mix used in the
construction of swimming pools and spas. This scope of work includes the installation of fiberglass shells and vinyl
liners.
(c) A "Swimming Pool Excavation Specialty Contractor" means a swimming pool specialty contractor whose
scope of work is limited to the excavation and earthmoving required for the installation of pools, spas, and hot tub
shells.
(d) A "Swimming Pool Trim Specialty Contractor" means a swimming pool specialty contractor whose scope of
work is limited to the installation oftile and coping for pools, spas, and hot tub shells. Decorative or interactive water
displays or areas that use recirculated water, including waterfalls and spray nozzles, are also included in this rule
within this scope of work.
(e) A "Swimming Pool Decking Specialty ContractoC' means a swimming pool specialty contractor whose scope
of work is limited to th€ construclion and installation of concrete flatwork, pavers and bricks, retaining walls, and
footings associated with the construction ofpools, spas, and hot tub shells.
(f) A "Swimming Pool Piping Specialty Contractor" means a swimming pool specialty contractor whose scope
of work is limited to the installation ofpiping or the installation of circulating, filtering, disinfecting, controlling, or
monitoring equipment and devices used in the construction ofpools, spas, hot tubs, and decorative or interactive water
displays or areas.
(g) A "Swimming Pool Finishes Specialty Confactor" means a swimming pool specialty contractor whose scope
ofwork is limited to the coating or plastering ofthe interior surfaces ofpools, spas, or hot tub shells.
(3) Cenifi cation Procedures.
(a) Qualifications.
l. Any person who desires to become a swimming pool specialty contractor shall apply to the Construction
Industry Licensing Board ofthe Department of Business and Professional Regulation in *riting on a form provided
by the Department.
2. A person shall be certified as a swimming pool specialty contractor ifsaid person:
a. Is at least eighteen (18) years of age;
b. Is ofgood moral character;
c. Submits documentation demonstrating four years of experience in the swimming pool specialty contractor
category for which the person applied; and,
d.I. Takes and successfully completes a written examination for certification in the category of swimming pool
specialty contractor applied for; or
II. An applicant who complet€s three (3) hours of board-approved continuing education, consisting ofone hour
of workplace safety, one hour of business practices, and one hour of workers' compensation, may qualiry, if the
6.B.1
Packet Pg. 53 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
applicant successfully passes a practical examination for certification in the category of swimming pool specialty
contractor applied for in lieu ofa written examination for licensure.
6.B.1
Packet Pg. 54 Attachment: SWIMMING POOL_SPA SERVICING_REPAIR CONTRACTOR_REVIEW (11320 : Swimming Pool/ Spa Servicing/ Repair Contractor
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 8.A
Item Summary: Orders of the Board
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 2:48 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 2:48 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 2:49 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:52 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
8.A
Packet Pg. 55
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 8.B
Item Summary: Jovelino Rodriguez - Reinstatement with Waiver of Exams
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 2:54 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 2:54 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 2:54 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:53 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
8.B
Packet Pg. 56
Jovelino Rodriguez - Reinstatement with Waiver of Exams
Table of Contents
. Letter requesting to meet with CLB
. Application
. Letter of Reciprocity Exam Scores 2004
. Individual's Credit Report
. Company's Credit Report
. Sunbiz Documents
. Federal Tax ID Number
. Statement of Ownership
. Verification of Construction Experience
. Lee County Competency Card Tile and Marble
. Affidavit of Integrity & Good Character
. Insurances
. Board Hearing Letter
. Individual's Driver's License
8.B.1
Packet Pg. 57 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Ra m kissoo n M ic he lle
From:
Sent:
To;
Subject:
Jovelino Rodrigues <jrtmine62.30@gmail.com>
Sunday, January 5, 2020 6:48 PM
RamkissoonM ichelle
Fwd: FW: Collier County Contractor Licensing
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Dear contractors license board members three years ago I was diagnosed with an acoustic neuroma and had to have
radiation after unsuccessful treatment, I lost my right hearing ability and was left with terrible tinnitus. lt is very difficult
to concentrate on reading, I did not renewed the license because I was not doing any jobs in Collier County and our
financial situation was not good due to medical expenses. I am now working for Cornerstone and they have many jobs in
Collier. lt would help me to reinstate my license to be able to work in Collier. I have Lee, Cape Coral, Punta
Gorda and port Charlotte licenses. I would appreciate the opportunity to reinstate the license without doing tests again.
It's been almost 1.5 years since I took the tests and now wlth my problem it will not be possible.
Tha nk you !
8.B.1
Packet Pg. 58 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
c,hfu,cu
DEC t 8 20r
Contractor Licensing
2800 N. Horseshoe Dr.
Naples, FL 34104
Phone - 239-252-2431
Fax - 239 252-2469
R,.Ja.tvlly
Gronlh lr,lanagement DepartrErt I
i,nnR:i
APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
FULL REINSTATEMENT APPLICATION FOR, COLLIER
COUNTY CERIIFICATE OF COMPETENCYQr-ttsr (tt-tt1
This application must be lypewritten or legibly printed. The applicalion fee must be paid upon approval and is NOT
relundable. All checks should be made payable lo. Collis Counfl Board of County Commissianers. For lrrlher
information. consul'l Collier County Ordinance No. 2006,46, as amended.
TYPE OF CERTIFICATE OF COMPETENCY:
E General
! Building
tr Residential
n Mechanical
tr Roofing
$230 00
$230.00
$230.00
$230.00
30.00
TS mming Pool
s230.00
$230.00
$230.00
$230.00
$20s.00ialty fifltf
It onA tllcr[,-
.1
lrIty TGde
I. APPLICA PERSONAL INFORMATION:
Name: JAV€ L4'/Vo &le/cu €s
ia5i
t:/,C -
Address:
5i.ee!
Ematl o
Dale of Brrth
.pursuanl to Chapter t-19, florida Statutes and Colller County Conira.tor Li(ensing Ordinan(E 2fi)5{6 S€ction 2 1.1., all applicnts are required to
submit their ioctal reclrity number (sSN) for th€ follosins purpo.e!: a) Assess applica nds . bility to latisfY cr€ditor! bY.eviewiq their c.edll hislory'
b) V€ fi(ation ot appti..nds tesl.cores and info.mation. Our ofla.e will only use your SSN noted above for thore reasons purruent to Chapt€r l_19,
florlda St.lutsj, end as may otherwise be authorl.ed by law. We .re lully commited to saIe-tuarding and prol?clint Yout SSN .nd on e collected, will
be maintained ar co.lfideniial and eremPt und.r ChaPt.r l'19, tlorida st.tutes.
o
FULL REINSTATi/ENT APPLICATION REV 4/12T18 Page 3 of 15
I Electrician
n Plumber
n Air Conditioner
Eusiness Name:
r"vpnon",l7? 8?{ 4/ 5 R 'sS#(Last4disit"o"tvl, 55 /9.
--orivers License # (Lasr 4 digits ont.,rr, /5 0- O
8.B.1
Packet Pg. 59 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
C,Rft,Cov*tW
Grovnh
^ilanagernert
Depart'rEfi t
Provrde the names and telephone numbers of two persons who will always know your whereabouts
Name .L Name , Gtt^.,rk l.(lP.
n",1\1-'/bl ?soB LTelepho
II. NAME OF APPLICANT'S BUSINESS:
Telephone
j o
Business Address toq s+ 5rl t Ir 91
Ci:y 5Ia!:
rerephone:(J51 ) 816 )lt 36
\o -1
III. FINANCIAL RESPONSIBILITY
ALL APPLICANTS MUST ANSWER THE OUESTIONS BELOW:
Had a lien filed against you by the lnternal Revenue Service or Florida Corporale Tax Division?
Made an assignment of assets in settlement of construction obligations for less than the debts
outslanding?
Been convicted or found guilly ol, or entered a plea ol nolo contendere to. regardless of
adjudication, a crime in any jurisdrctron withrn the past 10 years?'
Had claims or lawsuils liled for unpaid or past due accounts by your creditors as a resull of
construction experience?
Been charged with or convicted ot acting as a cootractor wiihout a license, or il licensed as a
contractor in lhis or any other state, been "subject to" disciplinary action by a state, county, or
municipalily?
NOTE. ll you have answer yES to any of the questions below, you must attach a written explanation including lhe
nature of the charges, dates, and outcomes, sentences of conditions imposed. You must also atlach proo, ol
payment, satistaction of lien or judgement, bankruptcy discharge, or agreements for payment.
'lt you have had a lelony conviction, prool that your civil rights have been restored will be required prior to
licensure.
YES NO,
Filed for or been discharged ln bankruptcy within the past 5 years?
l/Undertaken construction contracts or work that resulted in liens, suils, or judgments being iiled?
Undertaken construction contracts or work thal a third party, such as a bonding or surety company,
compleled or made linancial statemenls on?
l,r
FULL REINSTATMENT APPLICAT1ON REV 4''12,18 Paae 4 ol 15
Contractor Lrcensing
2800 N. Horseshoe Dr.
Naples, FL 34104
Phone-239-252'2431
Fax - 239-252-2469
APPLICATION FOR COtt|ER COUNTY CERTIFICATE OF COMPETENCY
Business Name:
Federal ID Tax No.:
8.B.1
Packet Pg. 60 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
-33., -.Contractor Licensing
2800 N. Horseshoe Dr.
Naples. FL 34104
Phone - ?39-252-2431
Fax - 239-252.2469
l,*aly
Gro,vih l\,4ana€ement Deparfnent
APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
IV. EXPERIENCEVERIFICATION
EDUCATION:
List below and provide transcripts lor any lormal education you have obtained in lhe area o[ competency lor which
this application is being made:
..bNE
List below non lormal education (on the Job training) you have obtained in the area of competency for which this
applicalion is being made:
r\S Trrg oliaiNnc ft(utcaY'att
CURRENT/PREVIOUS LICENSE:
List below and attach copies any other certiricates of competency/licenses you hold/have held in Collier County or
any other jurisdiction. lnclude the license #, Type, and county you hold il in.
AFFIDAVIT
Under the penallies of perjury, I declare thal I have read the loregoing application and the lacts stated in ii are
true
C.L a(
Applicant (please prinl)alure plicanr
State ol Flo rr z
County ol ,f-,t/r,'.
The loregoing instrument as acknowledged before me this /z't
Date
by
D)l.r. /tap.rt (
type ol ide
(SIGNA F NOTARY)
NOTARY'S SEAL
d,
/So -o
AS
Page 5 ol 15
i#t{ory PGE $ar d ndrt
u.ti Oe frmc Piol
raY cia.rn-sr GO !oo191
EAr- @ri t,2@3
FULL REINSTATMENT APPLICATION REV 4i1211 8
Jg,- 1r;. tfu/."a-.r who has Produced- .arre ot pe.sor atknowredqho (applicant)
identillcalion and did not take an oath.
8.B.1
Packet Pg. 61 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
C,RF.,Qor-tttW Contractor Licensing
2800 N. Horseshoe Dr
Naples, FL 34104
Phone - 239-252-2431
Fax - 239-252-2469
Gro./th tnanagernenl DepartrrErn
APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
The undersigned hereby makes application lor Cerlificate of Competency under the provisions of Coflier County
No..2006-46, as amended, and under penalties of perjury. I declare that I have read the toregoing qualitter
information and that the fac'ts stated in it are true.
The undersigned hereby certities that he is legally qualified to act on behall of lhe business organization sought to
be licensed in all matters connecled with ils contracting business and that he has full authority to supervise
construclion undertaken by himsell or such business or organizalion and that he will continue during this regislration
to be able to so bind said business organization. The qualilied license holder understands that in all contracting
maners, he/she will be held strictly accountable for any and all activilies involving his license.
Any willlul lalsilication ol any inlormation contained herein rs grounds Ior disqualif icatjon.
icart (please p.inl
:fQ Ttll -r/HE OlE 1//a
Vame oi
s,g
F/onda
County ol ,fo //tcr
The loregoing inslrument as acknowledged before me this 4z/214 by
date
{oo,eltio Pdtoc<4 who has produced
| /s?- o
as identrficaUon
nare ol pe'so" ifino*iedff glapplicar,tl
and did not take an oath.
NOTARY'S SEAL
tyDe ol ioenti
(src OF ARY)
Page 6 ol 15
#Pkltrtim!FOo
3ooa91Coarrnasanw1E4trr
Publc S.li d Flqb.
FULL REINS'TATMENT APPLICATION REV 4, 1 2,18
CERTIFICATION OF APPLICATION
State of:
(.
8.B.1
Packet Pg. 62 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
.Rfu Caunxy Contractor Licensing
2800 N. Horseshoe Dr.
Naples, FL 34104
Phone - 239-252-2431
Fax - 239-252-2469
Mr ManagerrBnt D6p6rurEnt
APPTICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
WOR KMEN'5 COMPENSATION AFFIDAVIT
It is understood and acknowledged by the Collier County Contractors' Licensing Board and myself that if I fail to
acquire, or maintain at all times effective Workmen's Compensation lnsurance it will result in the possible revocation
of my Certificate of Competency.
U9
(please print)
ame of Company
BEFORE ME this day personally appeared br{vi',o R-tiOusS who affirms and
Applicant (Please Pnnt)
says that he has less than one employee and does not require Workmen's Compensation understands that at any
time he employees One or more persons he must obtain said Workmen'S Compensation lnsurance.
State of fr^rt,.'vfr
The foregoing instrument as acknowledged before me this ta(t6[dotq
date
by Jweduo )Gres
narne ot person actnovrledging (applicant)
as identification and did not take an oath
who has produced l.AX k . - 1b - I
typ€ of identification or known
NATU NOTARY)
ISMAEL CAROOSO
Notary Public -Stale ol tlorida
Commission # tf 948857
My Comm. Erpires May 4,2020
Bonded lhrough l{alronal liolary Assn
REINSTATMENT APPLICATION REV 4hA 18 Page 7 of '11
County of l.? I
NOTARY'S SEAL
8.B.1
Packet Pg. 63 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
l'#dl LEE COI-TNTY
SOUT'IWE8t ILORIDA
roaRo oF @unTY O rEaDtEnE
14,t.589J
Dermbct :, 200J
Tf, CHNICAL GRAITE: 8l.Ot6
TAXEN IN: l,c" County
LETIEI OF IAAP'OCTW
This l.atn h b rc'it th rovtlho nsdriErr! loot dro Bxpuior crnlnio( tpDrElld by t'c]g
i-r*y, ttrir *"nii"tioo wu prqllo4 pr*ored. and trude{ hy Brpcdor'
coutrfcror Li.roring fiivitlxl
2t{() N. Horndw Driw
tlsplc!, FL 31104
Atu: ].{rtgic WriIH
TECHHlc,ll,'rYPl! fih
DATE; Ottr:b'r 2. 2004
Drvid L
Lc C0rnty Col{ tD( Lic8osiry
9o is 30t Fdr MtsE, Fb.ld. JJff 03Ii l2irl:lx6rlllhbrl dltt6 liF {rr- r.<-rrlnnl
xJ lqll. rta.oFt\x I l rrararBlnt rrn Pr r,'/lrotE
BUSINF-\S & Ln\{': E2.0%
DA]'ErApril 17,3I]'l TAKIN lN: Boynton B6h
TIE dicant md to p(pY! 2 yiffi oxPcdcocc, h thg lnd! of tilo 8!d sErble' rt lt! gcryiE
boord tppcarnnle
$lnra€ly.
Dtsl'BIf f MENT SNRVICTS DIVISIoN
I(
8.B.1
Packet Pg. 64 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
TRANSUNION CREDIT REPORT
lFoRl [suB NAl,llE](r) z NP628M23
IMKT SUB]
16 NP
IINFILE]
4/95
IDATE] [ TIME ]t2/73/a9 LOi4TCI
[SsN] IBIRTH DATE ]-5315 4/62
I suB] Ecr l
RODRIGUES, JOVELINO
IALSO KNotlN ASI
RODRIGUES, ]ORCELINO
]OVELINO, RODRIGUES
JOVE Lrr'10, ROoRTQUES
ICURRENI ADDRESS]
4104 51,,1. 29TH ST., LEHIGH ACRES FL, 33976
IFORMER ADDRESS ]
3417 WINKLER AV., *616. FoRT MYERS FL. 33916
2317 IACKSON AV., ALVA FL. 33920
ICURRENT EMPLOYER AND ADDRESS]
AHERN PAINTIT'IG CONTRACTOR
IDATE RPTD]
72/a2
1g/ 70
IRPTD]
a1/03
IFORMER EMPLOYER AND ADDRESS ]
KEY STONE CONTRUCTION
9/99
MODEL PROFILE ***ALERT**'I'
***FIco scoRE 4 SCoRE +615 i 070, OLg, o3O, oO5*+* IN ADDITIoN T0 THE
***FACTORS LISTED ABOVE, THE NUMBER OF INQUIRIES ON THE CONSUMER'S CREDIT
***FILE HAS ADVERSELY AFFECTED THE CREDIT sCORE.
CREDIT SUMMARY **I* TOTAL FILE HISTORY
PR=O COL=O NEG=O HSTNEG=4-s TRD=10 RVL=8 INST=2 MTG=O OPN=O INQ=S
HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY PAY AVAILABLE
REVOLVTNG: $10.8K $11.9K $9433 $0 $31s 2L1(
TNSTALL ENT: $21.3K I $11.3K $0 $4O4
ToTALS: $12.2K $11.9K $20.8K $o $719
DSNB MACYS D 2A5T007 4106
479282A1 lllLgA
C CHARGE ACCOUNT 2/75C
PAYPAT 1- 12 MOP
PAYPAT 13-24
t4o 3g/60/90
111111111111 R01
111111111111
48 LlOlO
1111X1111111 R01
11 11 11 11 11 11
48 0/ O/ o
111111111111 RO1
111111111111
48 2lo/o
111111111111 R01
1111111111114a ololo
111111111111 rA1
111111111111
30 Ol Ol 6
CAPTTAL ONE B 1DW0€1. 1u11 $1828
575597070543 72/19A $3AOO
I CREDIT CARD $1134
MERRICK BK B I.IGUOOT 12/13 $2590
472O674O7904 72/19A $25OO
I CREDIT CARD $2590
$471
$7Os
$o
MIN36
$o
MIN1O8
$o
o60A404
$0
$21.3(
$11. 3K
Prepared By:
Menit cnedit
(239) 277 -3202
(800) 371- 3348
TRADES
SUBNAIIIE SUBCODE OPENED HIGHCRED TERMS
ACCOUNT# VERFIED CREDLII.I PASTDUE
ECOA COL LATRL/ LOANTYP E CLSD/PD BALANCE REMARKS
MERCURY/FBT F s37OOs1 4/t2 $3081 MrN79
ooo2644soL L2/r9A $29OO $O
I PFROT1 BARCLAYS BA $26L7
cAF F 45llKw7 5/a7
25818041 LulgA
I AUTOI'IOBI L E
$o
II{ACTIVE ACCOUNT
MIJ(DELQ
AMT-MOP
8.B.1
Packet Pg. 65 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
CAPITAL OI'IE B LDNOOI 9/I9
400344856297 t1,/a9A
I CREDIT CARD
$77s9
$2SOO
$L7s9
$152 5
$3sos
$o
$6913
$a
MIN25
$o
o2aM
$o
CLOSED
r R01
1, Olglo
CREDITONEBI'IK B 54MRO13 5/13
44479624t598 tt/19A
I CREDIT CARD
SYNCB/CARECR F 9992061 lola3
60A9AA326609 4/a8A
I CHARGE ACCOUNT L6/A7C
ccBlLNDINGCL B INZA769 7gl a3
57aO97999O& 2/18A
I CHARGE ACCOUT'IT 7 /A6C
PFS F 22LVO24 4/L4a7340000t535 rolL4a
I AUTOMOBILE LS/L4C
$1602
$Lsoo
$1333
I'lrN67
$0
$7625
$16Os
$o
111111111111 R01
$o 111111111111
ACCT CLSD BY CONSUMER 48 Ll Ol g
111111 rA1
6 0/o/o
INQUIRIES
DATE SUBCODE
72/73/79 2NP6284423 ( F LA)
e/2rl19 QCS1189141( CNr4 )
9/04/79 8PC3s75459 ( NTL )
17/27 /L8 8PC2699824( NTL )
9/ 26/ L8 FCEss29916(CHr)
SUBNAI'IE
MERIT CREDIT
FACTUAL OATA
CAPITAL ONE
CAP ONE
DISCOVER BAN
IYPE AMOUNT
CREDIT REPORT SERVICED BY:
TRANSUNTON AOO-888-4213
2 BALDWIN PLACE, P.O. BOX LOOO CHESTER, PA 19016
CONSUMER DISCLOSURES CAN BE OBTAINED ONLINE THROUGH TRANSUNION AT:
HTTP: //WhiW. TRANSUNIOI{, COt'l
CREDITOR CONTACT INFORI'IATION
CAPITAL ONE BC1DryOO1
PO BOX 30281 SALT LAKE CITY UT. 84130
CCB/LNDINGCL 8C1I128169
PO BOX 782a20 CoLUMBUS OH. 43218
MERRICK BK BC1TGUOO1
PO BOX 9201 OLD BETHPAGE NY. 11804
PFS FZ22LVO24
C/O SECURITY FINAN SPARTANBURG SC. 29394
DSNB MACYS DC2A5TOO1
P0 Box 8218 MASON OH. 45040
cAF FZ4'IIKOOL
225 CHASTAIN MEADO KEI{NESAI{ GA. SOAM
MERCURY/F8T FY537DO51
1415 WARM SPRINGS COLUMBUS GA. 31904
CREDITONEBNK BC54I1RO13
P0 80x 98872 LAS VEGAS NV. 89193
SYNCB/CARECR FZ999ZO6I
c/0 Po Box 965036 oRLAI{DO FL. 32896
DISCOVER BAN F 5529910
DrscovER HoME EQUr RTVERWOODS rL. 60015
I,IERIT CREDIT Z 628M23
12734 KENI.JOOD LANE FORT MYERS FL. 33907
cAP ONE s 2699424
PO BOX 30281 SALT LAKE CIry UT. 84130
CAPITAL ONE B 3575459
15OOO CAPITAL ONE RICHI4OND VA. 23238
FACTUAL DATA Q 1189141
51OO HAHNS PEAK DR LOVELAND CO. 80538
(8OO) 9ss-7g7o
( 800)
(866)
(877)
( 866)
(8oo)
(23e)
(800)
( 800)
(800)
92s - 36L2
686- 2158
825-3242
396-8254
973-5054
277 -3202
955-7070
955-7079
929-3490
END OF TRANsUNION REPORT
111111111111 R01
1 11211 11 11 11
48 L/O/O
111111111111 R01
$0 111111111111
CLSD BY CRDT GRANTOR 48 Ol Ol O
(80o) 204- s936
(864) s82- 8193
8.B.1
Packet Pg. 66 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
MERIT CREDIT HAS RETRIEVED THE ABOVE PERSONAL CREDIT REPORT FOR
LICENSING PURPOSES AS REQUESTED BY THE BUSINESS
Oi,,lNE R/ PROPR I ETOR . PUBLIC RECORDS FOR THIS REPORT HAVE BEEN
CHECKED AND VERIFIED AT THE COUNTY, STATE AND FEDERAL LEVELS.
PUBLIC RECORDS HAVE ALSO BEEN VERIFIED FOR PINELLAS COUNTY.
PUBLIC RECORDS LEARNED --O-
SOURCES OF INFORI'IATION: TRANS UNION LLC
IRS LIEN SECTION
COUNTY COURTHOUSE RECORDS
IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT, PLEASE
CoNTACT MERrT CREDTT AT: t-8OO-377-3348 OR (239) 217-3202.
8.B.1
Packet Pg. 67 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Premier Profile . JR TILE & MARBLE. INC
Subcode:970135 Ordered: 12l13i2019 11:09:00 CST
Transaction Number: c504449069
Search lnquiry: JR Tale Marble, lnd4'104 29TH ST SWLEHIGH ACRES/FL/33976i US/Phone N/Ar45897732
lrodel Description: lntelliscore Plus V2
current lntelliscore Plus Score: 24 Risk Class: 4
E@@B
non.
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,ot c
Tor c
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The risk class groups scores by risk into ranges of similar
pedormance- Range 5 is the highest risk, range 1 is the
lowest risk.
'#*p'
Primary Address: 4104 29TH ST Sw
LEHIGH ACRES, FL 33976-3824
Tax lO: 20-1017975tThls business is the ultimate parent.
Soe tho corporate hierarchy by clicking hore
JR TILE & MARBLE, INC.
Score range: 1.100 percentile
lntelliscore Plus Financial Stability Risk
MEDIUM IO
HIGH RISK
MEDIUM TO
HIGH RISK
O.iginal Filings
Credit Limil Recommendation: $1,100
Company DBT
DAT
Unavailable
High Risk Alerts
Years on File:
State of lncorporation:
Oate of Incorpo6tion:
Business Type:
Contacts:
15 (FtLE ESTABLTSHED O4|2Ocd.)
FL
Mt19t20M
profit
JOVELINO RODRIGUES - PRESIOENT
SIC Codo: TERRAZZO. TILE. MARBLE & MOSAIC WORK - 1743
CONSTRUCTION. SINGLE.FAMILY HOUSES - 1521
CONSTRUCTION, SPECIALTY CONTRACTORS - 17OO
NAICS Codo: Tile and Tenazzo Conkactors - 238340
Residential Building Construction - 236110
Specialty Trade Contractors - 238000
Active Business lndicator:Experian shows this business as active
No OFAC match foundPossible OFAC Match:
Business Victim Statement No victim stalement on llle
rtr
tr
BUSINESS ADDRESS IDENTIFIED AS
RESIDENTIAL
Credit Risk Score and Credit Limit Recommendation
Premier Profile - JR TILE & MARBLE. INC 1t4
Commercial Fraud Shield
Evaluation for: JR TILE & MARBLE, lNC,4104 29TH ST SW, LEHIGH ACRES, FL33976-3824
Bu6inea6 Alerts Verificatioh Triggers
e
Credit Risk Score: lntelliscoro Plus
{Business ldentification Numb6r
745897732
Risk Dashboard
24 6 0 1
Risk Scores and Crodit Limit Recommendation Fraud AlertsDays Eoyond Term3 Derogatory L€gal
Business Facts
8.B.1
Packet Pg. 68 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Premier Profrle - JR TILE & MARBLE, INC 214
This score predicts the likelihood of serious credit delinquencies for this business
within the next '12 months. Payment history and public record along with other
varisbles arc used to predict future risk. Higher scorcs indicate lower risk.
Factors lowering the score
' RISK ASSOCIATED WITH THE COMPANY'S INDUSIRY
' COMPANY'S BUSINESS TYPE
lndustry Ri3k Comparison
23% of businesses indicate a higher likelihood of severe
delinquency.
Quarterly score Trends
' No sco.e average available for this quarter
0
.?eB'.Np"l
9t?
80
oec !\ls*$r \u\\'Fu6
100
60 The lntelliscore Plus Quarterly Score lrends provide a
view of the likelihood of delinquency ov€r the past 12
months for this business. The trends will indicate if the
score improved, remained stable, ffuctuated or declined
over the last 12 months.
20
E@
This score predicts the likelihood offioancial stability risk within the next 12 months.
The score uses tradeline and collections information, public filings as well as other
variables to predict future risk. Higher scoros indacate lower risk.
Facto6 lowering the score
} LACK OF ACTIVE TRADES
' RISK ASSOCIATED WITH THE BUSINESS ryPE
I EN,PLOYEE SIZE OF BUSINESS
, RISK ASSOCIATED WITH THE COMPANY'S INDUSTRY SECTOR
Current Financial Stability Risk Score: 6 Risk Class: 4
The risk class groups scores by risk into ranges of similar
performance. Range 5 is the highest risk. range 1 is the
lowest risk.
lndustry Risk Comparison
5% of businesses indicate a higher likelihood of financial
stability.isk.
-
21
Hi 3 1
T5 50
h
R irk
Low
Risk
lntelliscoro Plus Quartgrly Scorg T.€nds
-,*'3&.t aa?#FJfe
Credit Risk Score: Financial Stability Rlsk
0 3 r0 65
6
1
-
30 100
Hiqh
R isk
Low
Risk
Financial Stability Risk Quartorly Scoro Tronds
8.B.1
Packet Pg. 69 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Quarterly score Trends
1 00
80
60
40
20
The Financial Stability Risk Quarterly Score Trends
provide a view of the likelihood of financial stability risk
over the pasl 12 months for this business. The trends will
indicate if the score improved, remained stable,
fluctuated or declined over the last 12 months.
ror c
ro. c
0
o€c'tgg* !\rs^'\F{$).,'P'tJc
59J?
.t\o'J
' No score average available for this quarter
THE FOLLOWING INFORMATION WAS PROVIDED BY THE STATE OF FLORIDA. THE DATA IS CURRENT AS OF 12113120'19-
State of Orlgln: FL
Date ol lncorporatlon:. Ml19l20O4
Current Status; Active
Business Typ€: Profit
CharterNumb6r: P040000644
Credit Limit Recommendation
$1,100
This recommendation compares lhis business against similar businesses in the Experian business
credit database. lt is based on trade information, induslry. age of business and the lntellisco.e
Plus. The rsoommondation is a guid€. Th6 final docision must b6 made based on your company's
business policies.
Current DBT: Not Available
PredictGd DBT: N/A
Monthly Average DBT: 0
Highest DBT Prevlous 6 Months: 0
Highest OBT Prgvious 5 Quarters: 0
Payment Trend lndication:
Paymenl trend indicator not available
Total trade and collection (0):
All trades (0):
Allcolloctions (0):
Conlinuous trade (0):
6 month avsrage:
Highest credit amount extended:
Most frequent industry purchasing terms:
lndustry purchasing terms not available
Bankruptcy:
Tax Lien filings:
Judgment filings:
Sum of legal tilings:
UCC filings:
Cautiohary UCC tilings:
$0
$0
$0
$o
No
0
0
$0
0
No
DBT Ranqe 0-5 6-15 16+
DBT for this business: Not Available
lndustry DBT Range Comparlson
The cLlrrent DBT of thrs business is Not Available
Payment and Legal Filings Summary
Additional Business Facts
Premier Profile - JR TILE & MARBLE, INC 3t4
*
-
-*
Credit Limit Recommendation
Payment Performance T6do and Collection Balanc€Legal Filings
lndustry Comparison
q6 of burinesiei ,90"i,11
Corporate Reqistration
8.B.1
Packet Pg. 70 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Agent:
Agent Address:
TIMELINE BUSINESS
8981 DANIELS CENTER DRIVE FORT MYERS, FL
roP c
ro? c
Experian prides ilself on lhe deplh and accurzrcy of the data maintained on our dalabases. Reporting your cuslomerb
payment behavior to Experian yill lurther slrcnglhen and enhance the power of the mformalion available for making sound
credit decisioos. Give credit wherc crcdil is due. Cal 1-8O0-52O-122f, oplion #1 for more mformation.
End of report 1 of 1 report
The lnformallon herein is lumished in conlldence lor your oclusive use fot legilimale buainess putposes and shall nol be Eptuduced. Neilher Expenbn
/nfarmation Sohltons, /nc . nor lheir sources or dislnibulors walranl such infomalion nor shall they te ltab/e lor )mur use or rclance upon l-
O Experian 2019. All nghts reserved. Pivacy oolicv.
Experian and the Experian marks herein are seNice marks or registered tradema*s of Expenan
The inquir6d upon business, JR TILE & MARBLE, lNC, is ths Ullimate Paront
JR TILE & MARBLE, INC 4104 29TH ST SW - LEHIGH ACRES.FL 7 45897732
2317 JACKSON AVE - ALVA,FL 993372429
Branches of the inquired upon business
JR TILE & MARBLE. INC
Premier Protile - JR TILE & MARBLE, INC
Corporate Linkage
Business Name Location BIN
8.B.1
Packet Pg. 71 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Fa5t, A<curate & secure
MERIE CREDIT HAS RETRISVED THE ABOVE BI'SINESS REPORT E1CR LICENSINE PI'RPOSES AS
REQI'ESTED BJ THE BUSIIIESS OIINER/PROPRIEIOR. PUBLIC RECORDS EOR IHIS REPORT HAVE
BEEN CTIECKED A}TD VERIFIED AT TIIE COI'NTY (INCLT'DING PINELIAS), STATE AND FEDERAI,
I,EVELS .
dl
W Merit Credit rrc:
H'PERIAN BUSINESS INFORT'AT I ON SER\''ICES
IRS LIEN SECTION
COI'NTY COIJRTHOUSE RECORDS
SOURCES OF INFORI4ATION:
IF YOU HAVE A11L QUESTIONS REGARDING IEIS REPORT, PLEASE CONIACI MERIT CREDIT AT: 1-
800-371-33it8 OR 239-27 1 -3202.
COMPANY NAME: JR TILE & MARBLE, lNC.
FEDERAL lD: 2O-LO17975
CURRENT STATUS: ACTIVE
PRINCIPAL(s): JOVELINO RODRIGUES TITLE: P
PUBLIC RECORDS LE}RNED: O
DATE I NCORPORATED: 04 / 19 /2OA4
8.B.1
Packet Pg. 72 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Detail by Entity Name Page 1 of2
Div'sroi o. CoRPox^r'ors
Dlv]i]jlwJ ol
l)qttuirtv'tytrt',
-"1V--
te at,ad 'd"t i"th' ^'n'!1
oetail by Entity Name
Florile Plofil Conordioo
JR TIIE & MARBI..E, INC.
Filino lnfolmfon
Docunntl{qtbar P0400o06{,{89
fEUEII ]{umt r 2Gr017975
O.b FlLd o4l19r2004
srn FL
$.t t ACTIVE
t-r.t Er.nt AMENOMENT
Ev.nt lr.b FlLd 1110212010
Ev.nt Eftcttv. Oai. NONE
Pdnclo.lA(Hca
4104 29lh ST SW
LEHIGH ACRES, FL 33976
r_ t,
jtit/t1i,org
Chenged: 03/222014
MailinoAd&6s
410429TH ST
LEHIGH ACRES, FL 33976
ChelE6d: 01/1 81201 3
BesEqg!.4s!s!-tgEe!A&!re!:
limCine businoes
8981 DanioE center dnv€
208
FORT MYERS, FL 33912
Nam€ Changed: 04/012017
Trt6 P
Address changedr o1t/ot2o'17
OfiicerDnecror oerail
l{eme & Addra3s
ROORIGUES, JOVELINO
{104 29TH ST SW
LEHIGH ACRES, FL 33S76
As.c4.-B9P9rts
R.Dort Ye..
2017
20'tE
2019
ggscqlsllEG
s94l4SL!-:-AU!A!-8Ee98I
O:L/13/2OIA - ANNUAL REPORT
9a4!Z!]]:3!!94LEEE9AI
03x62015 - ANr.luaL REPOR-r
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 1211612019
Flled Date
o1n5t2017
0316/2018
05/01/2019
8.B.1
Packet Pg. 73 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
lssued EIN Page I of I
iirtf,il t&tsrrrall&qspllreEs{viqe .llil,,.,I tlHl.tTl4{r t]l tit Tll t f F I rLt t+-f - fri.ul\.
Federal Tax lD / Ell
: .t '..ti:, it, t: iti :,..,.:a: ii .ti.r .rit , rr.
20_1017975
-, :.: Lli-1i,. ',. ''.a;,:t ' r, , lli...-l
! r_:Lr '/,li i-r,_E,r.,t ., .lor|1!rlnatioii letter iF U.S traii l.,riihil] iiliean llays
I ha ieltlei i.,,il aii;o contain useful tax inioimatjon for your b siness oi::jfijalliliiiiatn
Review and Print Form SS-4 Fill Out Another Fcrm .SS-4
Click irere io retui-n to the lnternet Employ,er icentificatlon lium!:erian.jrrrq i sta it) page,
8.B.1
Packet Pg. 74 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
flJlIFlorida Department of State
Division of Corporations
Public Ac€69 SystlTn
Electronic Filing Cover Sheet
Notc: Pl6alc print Oio prgc and usr it sr s cover sheet Type thc fax oudit
number (shown bclow) on the top an(l bottom of all pagcs of thg (qcumsn1.
((H0400008292i 3)))
Note: DO NQT hit lhc REFRESH/RELOAD butron o! your brow:cr from thia
pagc. Doing so will generste snothcr cover shccl.
Dlvigio:1 of Corpora-,i on6F.x tturibgr : ( 850) 205-038x
TAX ;logsE FOR! lryERs
r2 0 03c00003{
(2391(18-O829
t2)9 t 27 4-9ezi
FLORIDA PROFIT CORPORATION OR P-A.
JRTILE & MARBLE, I:I[c.
Ccrti{icate ofSratus 0
crtified Co
Count
Estimated
0
06
$70.00
Elrctronlc Flllng MBnu Corporlt. Filing Publlc Acco$ Halp
https://efi lc.sunbiz.orgr scriptsrefi Icovr.oxc
accounc NdnG
AEcou.r:L Ni:rb.r
P'.lor.e
Fax Nu-'nlter
I
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8.B.1
Packet Pg. 75 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
The u dcrslzncd subsctiber to thesc .ldiclcs ol Incotporation is a Naturul perl?lt
.on nctcn to contracl and h.reb!_fol!4 d-Coryoration jtotproftt undet Cherrt"f-6!.7
of thc Fbrtda Statutes-, =-a
H0400008292t 3
ARTICLES OF INCORPORATION OF:
JR TILE & MARBLE,INC.
ARTJCLT t - N^\{E
The name of thla mrporation is "ll TILE &, MARBLE, INC.
ft lereitnfter, " Co rpo tdt io n " ).
g r!n.rrlid6.r* - hlqltSrouaa.na(_ tao!re<.Tll
o.-
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e
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ARTICLE II - DUBATIO.N / TERIVI OF EXISTENCE
This corporotion shall have perpetual cxistcace crrmmencing on the date of thc filing of
thcacs Articleg with the Depadment of Statc-
ARTTCLE rII - NATURE / pUREq,Sp o[ BUSTNESS
This corproration may engage in any activity or business permitterl under tho larvs of ths
Unilcd Siat€s End of this state.
ARTICLE IV CAPITAI STOCKIV.I This Corporation is authoriz.cd to issuc l!000 rhares of 51.00 per value c6mmon
stock th,Et shall be dssignsted to "Common Shares".
IV.2 No holder of shares of stoc.k of any class shall have any presi,trpl.ive right to
subscribe to or purchase any additioml shares of any class, or any bonds br conv;tible
sec.untif of anJ nalure; providerl, however, that the Board of Dircctor(s) may, in
author{zing the issuancc of shares of etock of ar:y class, confcr any preemptivi righi that
thc Boud ofDircctor(s) may redcem adrrisablc in connection rvith such iasurnce. -
IV.3 Thc Board ofDircctor(s) of lhe Corpofation rnay authorize the issuance from timc btime of sharcs of its stock of any clase. whether now or hereafter now or hcTeaffcr
Butborized, for such considqstion as tha Board of Direcror(a) ,tray rede€rn cdvisablc,
s8bjeot to such restricdons oflinritations, if any. as may be set forth in thc byrawr ofthi
Corporstion.
IV.4 The Board of Directo(s) of thc Corporation may, by Restated Articles oflncarporation, classifu or reclassify any non issucd stock f,om rime to rime by settiug oichanging lhc plcferEncos, convertions or othcr rights, voting powers, restrictiins,
Iirrritation3 es o di,,dcnde, qualifications, o. term or co:tditioai of redemption of thislock.
lra, ! !.6y'. rtl - |..!i!so r...8 FL i*lrtlllrt lr hirEr.l xir- En .Irotrri\ r! rrd.
r raor ! chr.r.i i{ ab i - rL !,lv.ir, i. $tot
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8.B.1
Packet Pg. 76 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
11040000829213
AR'I'ICI E !'l INCOJTPORATOR
The name and street addross ofthc incorpoistor of this Corporation is:
ADDRESSNAME
Trr Houre Corporstlon
Bleno R. Gomtlr lrcorportlot
1261 E Srmple Rd
Ponplro &.rcL, FL f,.106{
ARTICLE VuJ\SfENDMENT
Thcsc articles of Inoorporation may trc amcnded in thq manner ptovidcd by iaw, Evcry
arnendman: shal! be approvcd by the Bonrd ot'Dircctors, Propo$ed by the'r to the
stocl&oldffs ard spproved at s stockholders mccting by a majority of the stock .ntitl€d to
votc thcreon, unless all the Directors and ail the slockholders sign a wrlttcn statc@cnt
manifcsting thcir intefltiofl that a ccrtaiu are dmcnt to these Afiicles of lncorporation bc
madc.
ARTICLE YUI LIIIITATIONS ON CORPORATE STOCK
1. No shrreholdcr can qntsr il]!o a voting trusl agrecmenl or any other type lgreemG]t
vesting another person with the I'Jrhority to caerci8e thc voting powcr of any or ali of
his stock,
2. lf any ofiiccr, shareholder! agent or employee of rhis mrporution who has bccn
renderlng profcssjonal sdrviccs to the public bccomes legatly disqualificd to rcoder
such scrviccs withirr t]re staie of Florida, or is clectcd to I public officc or ac{cpts
emplolm€ that, Fursuqlt to cxisting law, lrlaces rcsirictions or limitationt upon his
continued rccriering of such profcssional scrvices, he shall scvcr all empiolrnent with,
arrd finsacial interest in the corporation.
3. No shareholder ofrhe Corporation may seII or transfer his stock in this corporation
cxccpt io another individua'l who is eligMe to ho s sharcholder of the corporation.
I iL{ ! lL,irh il. - rrolEr. laaCl? t! ,toaalrrt r |. t..rt hcr - +rhr.!. a...I lL !:lOaarlaal 3 d.rr,tild lrS a-rr. rar.ia. 4 ttaa,
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ARTICLE V I,OCATION
T'Ilc Sueel, AddrEss, City and State tt whlch &e pBncipai otEcc of th€ mrprration is to
be looatsd arc 5149 Red Ccdar Drivc #21 Fort MycN, Florida 33907' Thc Boud of
Direcloru may from time to time desislla.te sush other oddrc$ and plecc ibr *lc principal
oftlee of this corporetion 8s it may scc fi.t'
8.B.1
Packet Pg. 77 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
H040000829213
ASTICLE IX POWER OF CORPOR{TION
The corporatlon 8hall heve the sarne powcrE as an Individuul to do all things ncccssary or
convcnicnt to caffy out its busincss affairs, subject to any limitations or restrictions
imposed by applicnblc larv or these Articles of IncorPoration.
dIRTICLE X INDEMNIFICATIoN
The cortlorBtion shall indemnify any o{fic?r or ditcctor, to the full cxtcnt permittcd by
law.
ARTICLE XI DISSOL UTIO]Ti
Thc corporation may be dirsolved st any timc on the afllmrative vote or tbc holdcrs ofat
lcsst two thir& (2/3) ofthc outstanding shars ofthc corporation cntitled to volc thcroon.
Qn diss.tutisn 1t\e csr?orale propcrty Bnd csssts shall, tfter poymcnt of all dcb!: of all
debt of tbc corporation, bc disributed to lhc shar.hold€,rs pro-ru.ta, cach rharcholder to
padicipalc in di$ct proponion to th$ numbcr of shates hcld by him,
ARTTCLE XII REGIS'I-ERED OIVNERS
Tho Corporation, to thc cxtent pcrmittcd by law, shall ba cntirled to trrat the psn on in
whosc name a[y share or ri6ht is registered on rhc books of thc Corporation as t]re owner
thcreto, for all purposes, ard exccpt as may be agreed in rriting by the Corpolstion, the
Corporatioo shall no( be bound to recognize any equitable or othcr claim to, or intercst in,
such shsre or dght on thc pafi of rny olhef peruou, whcther or not ttre Coporation shEll
have noticc lhcreof.
ARTICLE XIII IN!'TIAL REGISTERED OFFICE / AGENT &TNCORPOR^TOR
The street addrGs ofthc initiol registercd officc ofthis corporatiou is 1261 E Saupte Rif
. Pomprno B$ch . Florlda r 3306,1 ond the name of thc initial rcgistered agcnt of t}ir
corporation at rhat qddress is Tsx llouse Corporltton,
ARTTCLE XrV B}.I-AWS
Tho Board of Dircctor{s) ofthc Corporation shall lrave powcr, without thi assent or vote
ofthe shsrcholdcrs, to rnakc aitcr, amcnd or rcpcal thc Byleq,s of the Corpor8tion" bu( thc
r{Armstive vote of a numbcr of Directors cqual to a raujority of titc number who would
consrirute a full Board of Dircctor(s) at thc timc of such ection shall be nccessary to take
Bny action for thc making, altcration, affiendmenr or repeal oftho Bylaws.
U,r I $6!a Xt - tslMo !.r,(n, t! rlort9:l t t a..J r'rw' - tb;rn, t{d!. rL r!O,a,,!aOl I ClRCt., r.t tb a - tC HFrt i. BgO,
tlEi. (rl.) ,!iHt oo - Er (t ta) ,!:t-a:rttiqr [tt4) L]|::o - F.t (9!at ta]Dttri66. (rn .ir-oatt - io (rrtr ?a-xro
r!B.1r!H.tI.n l - l,ttt ri6{LDt _ r.aoH6o,a,Tll
--.r--.TAX t-{OtlSE
l.lu sg: zo !o6z-oz-tdv
8.B.1
Packet Pg. 78 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
H040000829213
ARTICLE XY ETEECTIVE DATEOF TNCORPORATION
Tbesc Articles of lncorporalion shall be effectivq immcdiatcly upon approval of thc
Sccrctery of Stata Stats of Florida.
ARTICLF XVI INITTAL BOARD OF DIRECTORS oF TNCORPORATIoN
The nurnber of Directors may bc increascd or diminished from timi to timililFordance
with by-laws adopted by the stockholdcrs. Thc nanrc(s) and address(cs) of thc directo(s)
of thc initlai Board of Direcrors is (are):
NAME ADDRESS
Jov€lino Rodrlgues 5249 Rcd Ccdrr Drlve #21Pr.r.tdcnt Fort }lyerr, fhrldr S3m7
M WITNESS WHEREoF, thc undcniignos- [ging the origiual rubscribers to thc capital
stock hsre ifl abo'c namcd for the purpoie of fonning a coipo'rtion to <Jo business ii ihcstatc of Florids, under thc ls,rvs of thc state of Frorids. do fiaka md filc these..tnicrcs oflncorporation'-hEre by dcclaring and cfiirying thar thc facts h.r€in stated alr t u" *a uo
a'glcrf, to take the number of sharcs hercin above sct tbrth and hcreunto sct our ho[ds andseslA thts Aprll l\ 2OO4-
Tax llourc Cor:poratiou
Ereno Gomes, lncorporator
ual!t n h14-t 6r.El-.lli tta..la2t ,r r.d.rl 8w' - ;ro;r.N r-d,, r,, iro;.r:.o! r Cr.r-.d rr. t !- tL Ay.AA ii',
(rl.l)(c..)
(Dr)
,trt{0a - Elllt{riDo - roa.ll,!lt- rd
oL)(rra)(2,)
m{:r:
a4r.r:ttrr+ttl,U*'t.karLi.! - rifoat a@rra{_ l.aou.iao<.rar
e o'd
?AX HI'UBE
uv 96; ZO to@z-atz-ddv
8.B.1
Packet Pg. 79 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
11040000829213
PURSUANT TA THE PROVISIONS OF SECTION 607.0501, FLORIDA
STATUTES, THE UNDERSTANED CORPDRJ4TION, ORGANIZED UNDER
THE L{WS OF THE STATE OF I?LORIDA, SUEMITS THE FALLOWING
STATEMENTS IN DESIGNATING THE REGTSTERED OFT;TCE fu\D
REGISTERED AGENT, lN T'HE STATE OF FLONDA.
L Thc nanc of rhe corporation is "/l? TILE & MARBLE, lNC.
2, The name and addrcss ofthc rcgisiercd agcnt and office is:
.T-AX HOUSE CORPORA' ON
ll.8l ii.rGrl A8rnt
l26l E Sumple
-Rd-
/\d6,ratt
Ponpano Reach, FL J3064
a=.rn::l 2
=rn - -T1
,l=
: -:_ \-o f-tf ,- 'rt1
'^'-:, = 11
- u., @
;t?
'\)4, sr
CjrJ -Slr1e -Zip
Hat'ing baen named as reglstercd agent and to occapt sen icc of process .fo, the abota
stated corporutlon ct the place dcsignated i,, lhls cc iJicate, I hereby acce rhe
appofutment as registerad agont and agrce lo act in thc cdlldcity. I fi.rther dglea to
compu \eith ths ptoyhions oJ" a,ll staurtcs rclating to the propcr and complete
performance of .ty duties, a*d I qm familiar tirh q,nd accept the obtigatlow if ny
position ot regiJtered dgekt_
E rano R- GNt.. . PrGtldst (Sis!.rqr.i
Aprll 19,70M
(Drt.)
90-d
TA,X HC'UBE
t,I\, 9aaz8 'gaz-az_8dv
CERTIF"ICATE OF DESIGNATION OT
REGISTERED AGENT AI\D REGISTER.ED OFFICE
ii:iiffiHi#HF,,f^ffi , ffi igi ## =Eilili HiS
rEd.Iutonr&rur - tle.bde!.Gi.t _ r{rc.aD.ryA(
8.B.1
Packet Pg. 80 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
-2.-C,frH,Cotwtt1,,
Gro/vt,] Mansgement Deparo-rEnt
STATE,VIENT OF OWNERSHIP
rhiscerririesrhatr, SoMo \ tnrc RolC. <UoS am a member or managing
lppr-rcAlris runuelpreasiEi"F
member ol $\"ub\*
(LIMITEO LIABILITY COMPANY NAME)
I own \oo % of the units issued by the Limited Liabilily Company lisled above
Aftidavit of Applicant: I certify under penalty ol perjury that the inrormation contained is a true and correct
slalement to the best ol my knowledge.
lf, uo \.fto {t ue
ica (piease p.irr)
5 \" filY- -Y Sq * bln-
Name ol Comoary
Sigra:Lre of Appicanl
stale of F/o n/a
County of
The toregoing inslrument as acknowledged belore me this
by who has p roduced Itxu- ,l tza-K
name ol person acknowledgi (applicanr)tyDe ol ide,rli{ication or known
as identifrcation and did not take an oalh
(S 6NAT ARY)
NOTARY'S SEAL
.1st t.\ e. +
/5b-o
#lry Co.ri-iar GG !00aolEplr q'rl !ra@J
Not ,
Mtris
slrr c, Ftdid.
FULL REINSIATMENT APPLICATION REV 4112118 Page I ol 15
Contractor Lrcensrng
2800 N. Horseshoe Dr.
Naples. FL 34104
Phone.239,252-2431
Fax - 239 252-2469
APPLICATION FOR COLLIER COUNTY CERTIFICATE OF CO/APETENCY
F im! Pila
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Packet Pg. 81 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
C,R3.,Conlraclor Lrcensing
2800 N. Horseshoe Dr.
Naples. FL 34104
Phone - 239-252-2431
F a\ - 239-252-2469
Q<tutYtL!
Gro,.,,h traanagerr€ft DepartsrEnt
APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
VERIFICATION OF CONSTRUCTION EXPERIENCE
Applicanfs Name:
Certilicate Calego
0 ue/- / /,t/o Eodre.r
ry Requesred e k\L€ CoilTzncra<.
The applicant is seeking a Collier Counly Certilicate ol Compelency in the trade indicaled above. As pad of the applicalion lor
lhis certiticate, the applicanl must verify his,/her experience witnin lhis trade. You are being requested to provide iniormation
that will aid the applicant in meeting this requirement. You should verity time of active experience working as an apprenljce or
a skilled worker (e.9., as a worker commanding the wage ol mechanic o. better in the lrade). Time served solely in a
supervisory or administralive role should be described, but may or may not be considered sullicient to demo6strate required
trade expenence. The person ventyiflg trade experience lor the above-named applicant musl provide lhe lollowinq inlormatio'i
Name 50 t0
Bus,nessName: CtvL( SuuSgT EtVTep.
Tilte
t36,6 /tv C
2 rq -247.6 trtt License No. (if applicable)
Eusrness Address 55 5r
c26J7r
Slreet
The applicant was employed by m€ lrom
I fL-_ztr L 7t
City Stale zlp2 oe c/
to
truElaLL?K- Arvd r{oz.e /14ntl
The applicant's sco
Addilionalcomments
ba I
5
S: F6lsi
the facts stated here are true
pe of work (specific duties) included 9 tU/)I /4 n/1./hrt
Z
NftLL3
NOTE TO LICENSED CONTRACTOR
Under penalty ol perjury, ldeclare that
(v ir,t oE's tf K;//nE^ /lips/zm
Omlnc1ec,.Oe Z t*dlying any inlormation provided herein C/.+ c-
license to tevacztton
Signalure ol person providing lhe slaternent
Stale ol
County ol (o.tZ,,/-
The loregoing instrum€nt as acknowledged belors rng 1h|a /z/zz//?by
t?ud.alr who has produced
date
Ircn,rp F S /.<57 la9o-o
5s identriicaion
name ot person acknowledging
and did not take an oath.
NOTARY'S SEAL
Iype of idenlficalion or known
SiGNA NOTARY
Page 11 ol 15
J,'!L flfr Pdac Sr.i d Fldiri$im'ffi',
FULL RE NSTATMENT APPLTCATTON REV4,t218
A*tdp nAe
P hon e:
Applicant's title
F/,,.,Y-
8.B.1
Packet Pg. 82 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
COLLIER COUNTY
CERTIFICATE OF COMPETENCY
CERTIFICATION INFORMATION
C2627 1 Certif ication lnformation
Collier County Board of County Commissioners
DBA:
ADDRESS:
LICENSEE NBR: C26271
GULF SUNSET ENTERPRISES, INC.
5548 BEAUTY STREET
LEHIGH ACRES, FL 33971-
PHONE: 2393341495
CELL: 2392476147
FAX: 2393341495
OSORIO R, ANDRADE
TILE & MARBLE CONTR.-
Date: September 1 8, 2019
EXPIRATION:
September 30, 2020
QUALIFIER:
TYPE:
CLASS CODE: 4420
ISSUANCE NBR: 26271
INSURANCE:
Worker's Compensation
June 08, 2020
General Liability
June 12, 2020
Worker's Comp Exemption
September 24, 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.
ORIG ISSO:
August 29, 201 1
Collier County t clty of ltarco'City of Naples
Contractor Licens ing
TII-E & TARELE COT{TR.
Cert Nb.: Exp: Statusj
C1627! O9|tO|LA2O Actlve
GULF 5Ui{SET ENTERPRTS€S, rt{C.
OSORIO R. ANDRADE
9548 EEAUTY STRE€T
LEHIGH ACRES, FL 33971-
signed:
8.B.1
Packet Pg. 83 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
Florida
\
i
ii;3&r960 r\a:.rx&2a26 - a'. ! t'
liof{E .,-. \iciE
__ :6.2t
8.B.1
Packet Pg. 84 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
-): Pai:,'; -, -lrM \. tlri :
16t1.'. ,Jt,, Ft<noelcaldoso2019-12-11 17.s4:32 (GMT)
hColHer C<t:.l^,,rLj
Contractor Licensing
28C0 N. Hcrseshos O(,
Naples, FL 34104
Phode - 23s-?52.2{3r
Fa)(.?3q.?52'2469
Grq,t/t-\ [ arlaggo]enl Ccjt]3rbrEnl
VERIFICATION OF CONsTRUCTION EXPERIENCE
Applicanl's NanlE l-io 0a5
,r''1., LCE,1tr;cate Cataoory Requosled T /, ^^l l( C-r/to.lor
fhq aEplieant is leahing . Coll'e, Ccurl, Ca.l,l,calg ol Com96l€ncy io tl"c tr€de i^dicat€d eoove. As cai ol h€ agpllcallofl {or
this ced lrcate, thc apOlcsn( rnugt veiily hrs,h€r erp€r;e^ca witilin lhiE lr€dc. YcL ara borng requesled lo prolid€ ,rrlo/malron
thal vrirl aid tie applicall in .naeLog rhis .equi,erfenl- You 5hqud verily lrhE al sEtive ery.rience workine .l qn 4pPrenlrc€ or
a skrrled worker (e.0-, as E rcrker comrlandi,'O the dago ol mech€nic o. oetle( rn the kade). Tiine s8tued sclel, in a
s.,peruisory or sdrrinislrauve role should bE descailred. but ,rsy or aray iol bo co.,:rlde,eo !!ll cienl to domonslrale requkod
tradE e
Nam!:
rPe.ieoce. I
/Yl,k*
ne ps.son vsri,Yirg tJsdB croerience lor the 20oet.nai:9d epFlic.ntmusl plov:de the,qllgtlil.g inlcrmSliori
tJ^n llou,s L.+
Burl^ess Na.'ne l)r tfH o
_ Tille;,
n"..",-ctQ l- 8l S:---L1L| 1 L;co6(o iio. (il enDti.r "r"t'L(\C -taZ 'lio
Eu5ir)e3s ACdr{ti l)l? tVoruolk Tern' PoiC)'*lo/f,FL 5)7t )
5lraat
The applic:nl w6s etlPi.yed by rIle lrom '1/
C'ry Z'o
t1
-lo
.,1 / (S at1
Applic€nl's li{e:
The aFplican{ s s.opE ol \york (specl6c dul,e sl incVle.j: -SaL l<J"
J z /c ..''t ,t
I
h<) ,.,/4 i,r 5V'
c
c-t' A ura,/ra.rt CUO'/I
Addilional co'nmeols: A
l ut*a,'t
NOTE TO LIC
Under penSlly
{tt (,r, (
LT nL( S.t-L., h tA
lhe E:3!Eroenl
-.-s-bta<ex ra.4<
ENSEO CON TRACTOI<S', Fdlsnyi,g Br,y i1tcnnntial. Fovided hetein moy subiecl'/out license lo tevotalrcn.
ol peri'Jry, I dodcre rhar tho r;icl5 slaled here alp lruo
Si6-e;,r"o, *,ton
Slate ol
NO-IAFY'S SEAL
F'1,,L^.1 S ..kr..).,- who h3! produc6'd ,f,li -.|'
-
- ---:--ElI?s iaen,,r,.utio"
ryP! otd+4li,Daldn or ito,ioalrno ol pcrson cchao,$6dgi.g
and did nol laks ao oelh
corrry orlqr5lds--*
Tho loregoing instrume(rl as ackno\vedgeo belcra ,lnc this>35L\Za q *
Czir
ffiffiru.SiGhATURE OF NOTARY
Pagd i2 ol t5
APPTICATION TOR COI.LIER COUHIY CERIIFICAIE OF COMPETENCY
5
(\.,, l^
FUI.L RE|ttS'iAT}VIEN ' APPLICATION AEV C/1?i IO
Received Irme Dec. ll. 2019 1:12Pl'| No,33i3
8.B.1
Packet Pg. 85 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
fit.l,r#w*y
License Holder
Name:
Firm Narne:
Addressl
Ltc2004-00233
jrtmine62.30@gmail.com
JOVELINO RODRIGUES
J R TILE AND MARBLE INC
4104 29TH ST SW
LEHIGH ACRES, FL 33976
Thank you for assisting Lee County Contractor Licensing in their effort to "Go Green". Please keep this documenufile
in a safe place as you will not be receiving any additional copies of your license from this oftice. Be sure to keep your
email address current with us at all times.
Below please find your Lee County Certiflcate of Competency. This Certificate will need to be renewed yearly if you
wish to perform work in Unincorporated Lee County. Renewal will begin in the middle of August of each calendar year
lf you choose to place your license on inactive status please notify this office as soon as possible. Please keep
yourself up to date with our depadments information by periodically reviewing our website at
www. lee-county. com/dcd/contractorlicensin g. htm
ln addition to this Certificate, it is your responsiblity to maintain your worke/s compensation, general liability insurance
and obtain a yearly business lax receipt from the Lee County Tax Collector while performing work in Unincorporated LeeCounty. You may email your certificates of insurance to ContractorLicensing@Leegov.com. Our phone number is
239-533-889s.
Please send e-mail address and/or telephone changes to ContractorLicensing@Leegov.com
IMPORTANT CHANGE PLEASE READ:
ln an effort to reduce costs and "go green!' we will no longer be mailing renewal reminders. lf you
wish to receive a renewal reminder via email please provide us with your email address along with
your case number Llc2004-00233 to contractorLicensing@Leegov.com. Re: "renewal by email,,.
Condalions ot Certifcale LEE COUNTY
CERTIFICATE OF COMPETENCY
(239) 533-6895
Conditions of Certificale
Shall maintain required insurances on active
certificates.
Shall inform the Contractor Licensing Office of
any Address or telephone # change.
Renewal due for active and inaclive
certilicate each year in Seplember.
COMP. NO. shallappear on a
advertisemenls including vehicles refecthg
a ousrness name.
Shall only contracl in D/B/A name as it
appeaG on certificale. Board of Af,proval
required on business name changes.
NAMEr JOVELINO ROORtcuES
D/B/A J R TILE AND MARBLE INc
LICENSED FOR: nle and Ma6le
COMP, NO
NOT
lcntrlocren2. rpt
Cut Here
8.B.1
Packet Pg. 86 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
-RF.,*Contractor Licenstng
2800 N. Horseshoe Dr.
Naples, FL 34104
Phone . 239-252-2431
Fax - 239-252-2469
vlttw
Grow,th Mana€ement Depart neflt
AFFIDAVIT O F INTEGRITY AND GOOD CHARACTER
During the last five (5) years I have known {o /o-prr'o Lo*,rws
IY1AtfL Lostsc-
I am a resident of Lrs County,
more than live (5) years
NOTARY'S SEAL
, having been first duly sworn, state and alfirm
I r-trNrDA (State) and have resided here for
(applicant). I have d the opportunity
to observe his or her business and personal dealings and find him or her to be a person of ty, inlegrily and
good character
yll l
, SionalurellWurZ;
Prioted Name
,*- Q77gtwAddress
Ciq/
Telephone
/2/zz//z
by t<who has produced on'rrn ,1t c*, s
aame of lson acknowledging type ol identitlcation
and did not take an oath
(sl
rt 777'--
Staie
(n 7ol 4a28
rsD-a
as identiticatron
N ARY)
Not ry PuUrc Stat of Fldida
Mana Oq Fttima prt
lry Co.'l.ri.lm cc 30Ot91
Er9lr.! 0211trlo23f#
FULL REINSTATMENT APPLICATION REV 4/,I2/18
APPTICATION FOR COLLIER COUNIY CERTIFICATE OF COMPETENCY
srArE oF F-Loaiy'e
couNTY or ,Coilrft--
6* /ll'i&w
The foregoing instrumenl as acknowledged belore me this
/
Page 13 ol 15
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Packet Pg. 87 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
t
1
I
.l
I
#
I
I)
I
\
8.B.1
Packet Pg. 88 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
-RF.,-Contractor Licensing
2800 N. Horseshoe Or.
Naples. FL 34'104
Phone - 239-252.2431
Fax - 239.252-2469
Ol,rl.tw
Gro,r/lh Managerr€nt Depart-rEnt
APPTICAIION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY
AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER
STATE OF
I am a resident ot I e.County,(State) and have resided here for
to observe hrs or her business and personal deal ngs and find hrm or her to be a person o honesty, iniegrity and
good character
Signat!re
Pr nted Name
Snee:
Telephone 7/
The foregoing instrument as acknowledged before me this ,/z ,/z?
by oz t?Ez z Oler who has produced ) zr*t. (ds rdent ical onname of person acknowledging
and did not take an oath.
type ol identjficatio. or known
,?/ 7
--22- a
0l/,*
(SIGNATURE OF NOTARY)
NOTARY'S SEAL
Clt^Ill RASSIS
lIY Cor0lssroN t 0G 3131€
EXP8ES: thy 17, 2Gl
Bood.d ltfl lbt, hJat tffi.!
Page 14 ol 15FULL REINSTATMENT APPLICATION REV 4,12 ]6
couNrYoF,(o/l;n
,, ,'Unrp /tiaf , having been lirst duly sworn, state and atf irm:
more lhan live (5) years.
During the lastfive (5) yearslhaveknown dou- /t ro l^dtft rt (applicant). thave had the opporlunity
noa,ess, ?o/€ /4d/.o4 lzpz
gzl_lzzf*r_ F/ S?ffr
8.B.1
Packet Pg. 89 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
8.B.1
Packet Pg. 90 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
.IIti,,!MY PATRONIS
CHIEF FINANCIAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
, " CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW - T
CONSTRUCTION INOUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law
EFFECTIVE DATE: '10/31i2018 EXPIRATION DATE: 10/30/2020
PERSON: JOVELINO ROORIGUES EMAIL: IiIRODRIGUES45.MR@GMAIL.COM
FEIN: 20'1017975
BUSINESS NAME ANO ADDRESS:
JR TILE & MARBLE, INC
4104 29TH ST SW
LEHIGH ACRES, FL 33976
SCOPE OF BUSINESS OR TRADE:
DFS.F2.DWC,252 CERTIFICATE OF ELECTION TO IJE EXEMPT REVISED 08.13 E00887283 QUESTTONS?(850)413-1609
CeramlcTrle. lndoor Slone.
Marble, or N4osaic Work
IMPORTANT: Pursuant to subseclion 440.05(14), F.S . an offrcer of a corporalion who elecls exemption from lhis chapler by filing a certificate of eleclon under
this section may not recover benefits or compensation under this chapler. Pursuant to subseclion 440.05(12), F S , Cenificates ol election to be sxempt issued
under subsection (3)shallapply only lo the corporale omcer named on the notrce ol eleclion lo be exempt and apply only within the scope ofthe busin€ss or
trade listed on the nolic€ of electlon to be exempt. Pursuant to subs€clion 440.05(13). F.S.. notices of election lo be exempt and certificates of eleclioa to be
exempt shall be subject to revocation if, at any lime after the filing of the notrce or the rssuance oflhe certilicate, the person named on the notice or cenrficate
no longer meets the req!irements ofthis section for rssuance of a cerlificate The department shallrevoke a certificate at anytrme forfaiiure ofthe person
named on lhe certificate lo meel the reqliremenls of lhis section
8.B.1
Packet Pg. 91 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
A,C()Rb-!8 CERTIFICATE OF LIABILITY INSURANCE 12J1112019
II PORTANT: It tho cortiricato holde. is an ADOITIONAL lt{SUREO, the policy(ies) must be ondorsod. lf SUBROGATION lS WAIVEO, subjoct to the
toms and conditions of the pollcy, certain policles may roqulre an qndoBomont. A statemont on thB cedifacate do6s not conter rights to tho
coniticate holder in lieu ot such ondo6sment(s).
PROOOCER
We lnsure Florida
10231 Metro Parlsry suite 104
FT Myers FL 339m
E
PROOUCER
cusToitER ro r:
IN St'RERIS
'
AFFORDING COVERAGE
lNsuRER ^: GRANADA INSURANCE 64105
INSUR€R O
COVERAGES CERTIFICATE NUMBER REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO IO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWTHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wlTH RESPECT TO WTIICH THIS
CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVVI'I MAY HAVE BEEN REDUCED 8Y PAID CLAIMS.
GEN€RAL LIABILIrY
COMMERCIAL GENERAL LIABILITY
CLAIMS.MAOE OCCUR
GEN'L AGGREGATE LIMI-T APPLIES PER
LOC
r T 0185F100056798 5 02120t19 02120t20 EACH OCCURRENCE 1.000 000
PREMIS€S {Ea @de@r s 100 000
MED EXP (Any me person)$5000
s 1,000 000
GENERAL AGGRFGATF $2.000 000
PROOUCTS . COMP/OP AGG
s
AU-IOMOBILE LIABILITY
ALL OIJIJI,J€O AU'TOS
SCHEDULEDAUTOS
HIREDAUTOS
NONO\M{EOAUTOS
r T
couaNEo su{GLE Lrul.r
BOOIIY INJURY (Pd peE6)
EOOTLY rN.tURY (Por a@&n0 S
PROPERTY OAMAGE s
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EXCESS LIAE
OCCUR
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OEDUCTIBLE
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A O EI'PLOYERS' LIABIUIY
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OFFICERfu EMAER EXCLUDED'a
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E L EACH ACCIOENT S
EL OISEASE EA EMPLOYEE $
E L DISEASE, POLICY I IMIT sTt-
OESCRIPTION OF OPERAIIOI{S / LOCAiONS / VEHICLES (Att .h ACORD ioi, Addldml R. rtr Sch.dut , It ttt@ .p... 1. oq!tr.d)
FLOORS INSTALLATION
CERTIFICATE HOLDER CANCELLATION
Collier County Contractor Licensiqn
2800 N. Horseshoe Dr
Naples, FL 34104
contractorslicensing@colliercountyfl
SHOULO ANY OF THE ABOVE DESCRIBED POIICIES AE CANCELLED BEFORE THEEIARANOT DATE NEREOF, NONCE WILL AE DELIVERED IN ACCOROANCE Wl'H rXE
POLTCY PROVTSTONS.
AUTHORIZEO REPRESENIANVE
@ 1988- 2009 ACORD CORPORATION. A rights reserved.
The ACORD name and logo are .egistered marks of ACOROACORD 25 (2009/09)
THIS CERTIFICATE IS ISSUEO AS A i'ATTER OF II{FOR]IIATION ONLY At{D CONFERS NO RIGHTS UPOI{ THE CERTIFICATE HOLDER. T}IIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AUEI{O, EXTENO OR ALTER THE COVERAGE AFFOROED BY THE POLICIES
BELOW. THIS CERI]F|CATE OF TNSURANCE OOES t{OT CONSnTUTE A CO TRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORIZED
REPRESENTATIVE OR PROOUCER, AND THE CERNFICATE HOLDER.
JR TILE & MARALE. INC,
4104 29th ST SW
Lehigh Acres, FL 33976
s
PERSONAL A AOV INJURY
x
S
tr
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8.B.1
Packet Pg. 92 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver
-Rff.,*Contractor Licensing
2800 N. Horseshoe Dr.
Naples, FL 341 04
Phone - 239.252-2431
Fax - 239-252.2469
tLtat),
Grc^,vf] Ivlana€€fiEnt Depart rEflt
APPLICATION FOR COLLIER COUNIY CERTIFICATE OF COMPETENCY
COLLECTION OF SOCIAL SECURITY NUMBERS
Dale: APRIL 12. 2018
To: Applicants lor Certificate of Competency
From: Everildo Ybaceta, Contractor Licensing Supervisor
Pursuant to Chapter l- 19, Florida Statutes and Collier County Contractor Licensing Ordinance 2006-46
section 2.1 .1 ., all applicants are requrred to submrt their social security number {ssN) ,or the lollowing
PUrposes:
a) Assess applicant's ability to satisfy creditors by reviewing their credit history.
b) Verilication of applicant's test scores and information.
our oFlice will only use your ssN noted above for those reasons pursuant to chapter l- ,l9. Florida
Statutes, and as may otherwise be aulhorized by law.
We are fully committed to sate-guarding and protecting your SSN and once collecled, will be mainlained
as conlidential and exempt under Chapter l-19, Florida Statu.tes.
FULL REINSTATMENT APPLICATION REV 4/1218
Page 15 ot t 5
8.B.1
Packet Pg. 93 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
e-f Qor.wttjt
G rorvth llanagemcnt l)epartment
I'lnnning & Ilegulation
Opcrations Division
Licensing Section
January 3,2020
JR TILE & MARBLE, INC
4104 29TH STREET S.W.
LEHIGH ACRES, FL 33976
RE, REINSTATEMENT WITH WAIVER OF EXAMS
You have been added to the agenda for the Contractor Licensing Board meeting on
Wednesday, January 15,2020. Please attend the meeting so the board may review
your submitted application and ask you questions regarding your previous exams you
have taken as well as why you let your license lapse with Collier.
The meeting is held at 9:00am at the W. Harmon Turner Building (Bldg. F, Admln.
Bldg.), 3299 Tamiami Trail. E., Naples, FL34112 in the Commissioner's Meeting Room
on the 3'd floor. There is a security checkpoint you will need to go through, so please
allow enough time to make it to the meeting.
lf you have any questions or concerns, please call (2391 252-2431 or you may email me
at contractorslicensing@colliercou ntyfl. gov.
Sincerely,
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
Growlh Management Deparlment'contractor Licensjng '2800 No(h Horseshoe Diive'Naptes, Ftorida 34104'239-252-24oo.rt$r.co iergov net
Mr. Rodriguez,
Trmothy Crotts
Operations Supervisor
Contractor Licensing
8.B.1
Packet Pg. 94 Attachment: JOVELINO_RODRIGUEZ_REINSTATEMENT_WITH_WAIVER_OF_EXAMS (11324 : Jovelino Rodriguez - Reinstatement with Waiver of
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 10.A
Item Summary: ***This item has been continued from December 18, 2019.*** 2019 - 08 -
Misconduct - Thomas R. Williams - Williams Magical Garden And Landscape
Meeting Date: 01/15/2020
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
12/18/2019 9:41 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
12/18/2019 9:41 AM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 3:44 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:52 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
10.A
Packet Pg. 95
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.A.1
Packet Pg. 96 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 97 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 98 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 99 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 100 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
it:*sr
t?#i.$
00 x cuErtso
raYc0lrr6src tcGA6Cl9
O(PIRES: ,.t ty 8, 2022
8.rl(hfhr/R Dh Lltn tt .!
10.A.1
Packet Pg. 101 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 102 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 103 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 104 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 105 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 106 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 107 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 108 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 109 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 110 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 111 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 2019 - 08 - Misconduct - Thomas R.
Era
SKETCH OF BOUNDARY SURVEY
lot 19, Eoa4fio @*ab dfrtcddstaiat h Prtur It &,s 4 tn4, dlr
htA.R:Mrb dc*at t FrdLle
BENCHNTARKt-\\l) staRl'lcEs. INC.
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t
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BASED Ufr{'I AIT ASSUUED OaRNC Of
N (4837 W FOR II|E CENTE&.INE OF
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LOT 18
s 89'57d8'E
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N 89'519'E 30.07 M.
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.A.1
Packet Pg. 112 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 113 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 114 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
€b
10.A.1
Packet Pg. 115 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 2019 - 08 - Misconduct - Thomas R.
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From:
Sent:
To:
Subject:
Reto Kramer < retokramer@gmail.com>
Monday, October 21,2019 11:15 AM
OssorioMichael
9126 The Lane Documents 6
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Photos 11-20
Best regards
Reto Kramer
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OssorioMichael
9126 The Lane Documents 5
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Photos 1-10
Best rega rds
Reto Kramer
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opening attachments or clicking links.
Photos 21-30
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Reto Kramer
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Williams Magical Garden Center & Landscape, LLC
January 16, 201 9
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And here is a photograph ofthe as-built pond:
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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
been fixed. Resultantly, it has been disconnected, pending repair or replacement:
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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
Page 20
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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
Page 26
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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Williams Magical Garden Center & Landscape, LLC
January 16,2019
Page 27
24. The filtration system was installed improperly, resulting in frequent clogs and damage to
fa u na:
25. The back flush of the filter system splatters all over the pump and filter plateau as the
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
accepted and entered on
ty Commissioners. .[,'or
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(Number & Street)
t'elephone: A3q ?aql {L{ t ri
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(State)
Date of Birth: 9 -'t.r+3
E-Mail:
(Zip Code)
(Zip Code)
tilondscag,g, cor4
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UCTITIOUS NAME (IF APPLICABLD):
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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)
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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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NOTARY'S SEAI
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10.A.1
Packet Pg. 154 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 155 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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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!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.A.1
Packet Pg. 156 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 157 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 158 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 159 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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. 160 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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,
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Packet Pg. 161 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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. 162 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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?
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Packet Pg. 163 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
1d1 6) r r",c^.l."
10.A.1
Packet Pg. 164 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
€52
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Packet Pg. 165 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 166 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
Packet Pg. 167 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
about:blank
10.A.1
Packet Pg. 168 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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
11t26/2019about:blank
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Packet Pg. 169 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 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.A.1
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10.A.1
Packet Pg. 175 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 2019 - 08 - Misconduct - Thomas R.
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Mar 20, 2019
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Description lN *GULF COAST CURB MASTE
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10.A.1
Packet Pg. 177 Attachment: 2019_08_Misconduct_Thomas R. Williams- Williams Magical Garden and Landscape (11145 : 2019 - 08 - Misconduct - Thomas R.
BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD
BOARD OF COI.]NTY COMMISSIONERS,
COLLIER COL-INTY, FLORIDA,Case. No.: 2019-8
License No: LCC20130000742
Petitioner,
THOMAS R. WILLIAMS, doing business as,
Williams Magical Garden and Landscape,
Respondent.
Respondent, Thomas R. Williams, submits the following rebuttal to the facts and law
presented in the administrative complaint dated December 9,2019.
Count I
1. In Count I it is alleged that respondent contracted to do work outside ofthe
scope of his licensed competency. This claim is premised on the assertion in paragraph (A)
that respondent provided electrical and plumbing contracting services.
2. First, as for electrical, a licensed electrician was used to provide an electric
supply line to the pond's pumps. The question is whether under any or all of respondent's
three competency licenses may he subcontract electrical work that is incidental to the main
contract. The code recognizes that sometimes contractors need to subcontract specialty
contractors such as HVAC, electrical, plumbing, etc. For example, it is recognized that a
landscaping contractor may subcontract such services. It provides in pertinent part:
Page l of 4
10.A.2
Packet Pg. 178 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
(25) Landscaping contractor 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 remove 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,prqvjded same does not include connection to a
sanitarv sewer svstem- Dorta ble water line. or to anv electrical
installation. which tasks must be Derformed by tradesmen
licensed in the relevant trade. Landsca pe contractors may
contract for only removal and/or trimming of trees and/or other
combination of the authorized services. (Emphasis supplied)
requirements:
(29) Paving blocks contractor requires 24 months experience tn
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.
(9.1) Nonrecreational pond waterfall fountain contractor
requires 24 months experience with a passing grade 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 scoDe of such work
does not include direct connections to a sanitary sewer system.
potable water line s. or to any electrical installation. (Emphasis
supplied)
Upon review ofthe underlined part of"nonrecreational pond waterfall contractor" one might
argue that electrical work is excluded from any part ofthat competency license. However,
what is excluded is the ability ofthe contractor to do any electrical installation. Ifelectrical
Page2of 4
3 . The other two competency licenses possessed by respondent have the following
10.A.2
Packet Pg. 179 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
work is needed, and, of course, where pumps are involved it would be, the installation would
have to be subcontracted to an electrician. The rationale for this is found in the county's
code. At the end of the code identifuing the competency requirements for various trades it
provides:
Subcontracting; subcontractors. A contractor shall subcontract
the electrical, mechanical, plumbing, roofing, sheet metal,
swimming pool, and air conditioning work for which a local
examination for a certificate of competency or a license is
required, unless such contractor holds a certificate of
competency or license of the respective trade category, as
required by the appropriate local authority.
This is virtually the same as provided in the first part ofFlorida Statute 489.113 (3). This is
county commission made it clear that unless a contractor held separately an electrical,
mechanical, plumbing, etc. license then that type of work must be subcontracted.
Subcontracting the electric work within the scope of this contract was permissible.
4. A plumber was not used, but one was not needed. The question is whether
there was "a connection to a potable water line." The connection of a line means connecting
one line to another; that is, connecting a pipe to a potable water pipe (line). The facts of this
case will show that the water source for the pond and waterfall was a hose connected to an
exterior house faucet.
Count II
5. It is alleged here that a building permit was required and that one was not
obtained. Granted, a pennit was needed for the electrical line. As for the remainder of the
Page 3 of 4
the preamble to the qualifications of conffactors to do specified work. The legislature and
10.A.2
Packet Pg. 180 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
work, while it is not conceded that a permit was needed, if the Board finds that it was, the
problem can be easily solved. An after-the-fact permit can be applied for by either
respondent or a general contractor obtained by and paid by respondent. Once the permit is
issued the inspections can be obtained and a certificate of completion issued in the normal
course ofa building project.
Dated (z o 7.(^
Ravm L. Bass, Jr., Esq.
Florida Bar No. 370851
BASS LAW OFFICE
Attorney for Respondent
The Moorings Professional Building
2335 Tamiami Trail N., Ste.409
Naples, FL 34103-4459
(239) 262-45ss
basslawoffi ce@comcast.net
Page 4 of 4
10.A.2
Packet Pg. 181 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Subject:
Reto Kramer < retokramer@gmail.com >
Wednesday, June 5,2018 1:28 PM
Dana Torkko
Fwd: Backyard Project at the Kramer's
Are we within this envelope?
Best regards,
Begin forwarded message:
From: Chip <chip@caonaples.com>
Date: Jun 5, 2018 at 12:08 pM
To: Reto Kramer <retokramer@gmail.com>
Subject: RE: Backyard Project at the Kramer,s
GOOD MORNING. RETO
RANDY IS CORRECT ABOUT NO NEED FOR BOARD APPROVAL
FOR THIS BEAUTIFUL PROJECT WITH THE EXCEPTION
THAT WLLIAMS MAGICAL LANDSCAPING AND YOU WOULD HAVETO SUPPLY A SURVEY / DRAWNG CONFIRMATION THAT THE
WATER FEATURE WOULD BE WTHIN YOUR REAR AND SIDE
PROPERry SETBACKS.
THE REAR SETBACK IS 30' FROM THE REAR PROPERTY LINE
AND THE SIDE SETBACK IS 20' FROM YOUR SIDE PROPERTY
LINE- AS LONG AS THE FEATURE ITSELF IS WTHIN THIS
ENVELOPE, NO WORRIES, THE LANDSCAPING SURROUNDING THE
FEATURE COULD BE WITHIN THE SETBACKS, JUST THE
CONSTRUCTED WATER FEATURE ITSELF, THE MECHANICALS, ETC
WOULD HAVE TO BE WITHIN THE SETBACK ENVELOPE.
THE HERB GARDENS/ VEGETABLE GARDENS SHOWN ON THE
RIGHT COULD ALSO BE OVER THE SETBACKS, NO PROBLEM
PLEASE LET ME KNOW IF YOU HAVE THE SLIGHTEST QUESTION.
THIS LOOKS SO WONDERFUL !!
1
Dana,
Reto Kramer
PresidenUCEO
CoastalScents.com
Cell: (239) 248-6315
Fax: (239) 790-5166
10.A.2
Packet Pg. 182 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
CHIP
---Original Message---
From: "Reto Krame/' <retokramer@gmail.com>
Sent: Wednesday, June 6, 2018 'l 'l :24am
To: "Chip Allen" <chip@capnaples.com>
Subject Backyard Project at the Krameds
Dear Chip
we are planning to build a pond with waterhlls in our backyard instead of the greenhouse we have been talking about
before.
Here is a sketch of the new project:
2
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Packet Pg. 183 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
I already talked with Randy; he thinks there is no need to get the approval of the board but to check with you to make
sure.
Can you please let me know if we cen go ahead with this or if there is anything required by the HOA?
I am looking foMard to hearing from you.
Best regards
Reto Kramer
9126 The Lane
239-2484315
4
10.A.2
Packet Pg. 184 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
Fiom:
Sent:
To:
Cc:
Subject:
JUST CONFIRM THERE WLL BE APPROX 20'
OF YOUR NEW FEATURE TO THE PROPERW
IT APPEARS TO ME.
HI RETO,
THIS DRAWNG IS JUST W}IAT WE NEED I JUST CONFIRM FOR
US ONE SMALL ITEM,
IT APPEARS THAT THE POND /WATERFALU PAVER WLL TAKE UP
APPROX 30 FEET OF THE 51 112 FEET YOU HAVE FROM THE
GUEST HOUSE TO THE REAR PROPERTY LINE.
FROM
LIN E,
THE BACK
THAT'S HOW
IF THIS IS CORRECT. THE ASSOCIATION WLL IMMEDIATELY APPROVE
YOUR BEAUTIFUL ADDITION
DANA. AM I READING THIS CORRECTLY ? THANK YOU
CHIP ALLEN
---Original Message---
From: "Reto Kramei' <retokramer@gmail.com>
Sent: Monday, June 11, 2018 4:31pm
To: "Chip Allen" <chip@capnaples.com>
Subject: Fwd:
-_- Forwarded message -__From: Dana Torkko .dglg@lllieMegiea.LgglD'
Date: Mon, Jun 11,2018 al4:21 PM
Subject:
To: Reto Kramer <retokramer@omail.com>
DanaAorEEo
Ulaster Designer mrd Qeneraf 54arw0er
'Wittiams g,laqirat 9ardzn Center & Lanlscaye
ryry ?ine Ri"dge l<oad
chip@capnaples.com
Wednesday, June 13, 2018 3:52 PM
retokramer@gmail.com
Dana Torkko; lee@capnaples.com; ileana@capnaples.com
RE: Fwd:
Dear Chip
Thank you very much for making this work. We can't wait to have this done asap and are super excited to be able to make
something really amazing.
I do know that you are still waiting for your Cauliflower Mashed Potatoes, we are almost there...
Attached is the overhead view, let me know if you need anything else.
Best regards
Reto Kramer
1
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Packet Pg. 185 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From: Reto Kramer < retokramer@gmail.com >
Sent: Tuesday, June 19, ?O18 2:25 PM
To: Dana Torkko
Subject Fwd: FW: Re: Fwd:
See email below, the project is on hold now :(
Reto Kramer
PresidenUCEO
CoastalScents.com
Cell. (239) 248-63'15
Fax: (239) 790-5166
Begin foruarded message:
From: Chip <chip@capnaples.com>
Date: Jun 19, 2018 at 2:13 PM
To: Reto Kramer <retokramer@gmail.com>, Lee Burgin <lee@capnaples.com>
Subject: FW: Re: Fwd:
I KNOW MY APPROVAL COMMUNICATION WAS JUST RECEIVED BY
YOU YESTERDAY BUT THERE IS A PROBLEM,
WHEN I ASKED YOU FOR A " SURVEY " AND INQUIRED WTH YOUR
INSTALLER ABOUT THE SETBACKS, THE INSTALLER ASSURED US THAT
THE DISTANCE FROM " THE PROPERTY LINE ' WAS AT LEAST 20 -21
FEET, WE BELIEVED \A/E COULD \A/ORK WTH THIS.
V1/}IAT WE DIDN'T CATCH WAS THAT YOU PROVIDED A
SURVEY ", NOT A " PROPERTY LINE SURVEY ". \A/E ARE
WAS INNOCENT ON YOUR PART
BOUN DARY
CERTAIN THIS
THE PROBLEM IS THAT THE 20 FOOT OR SO OF CLEAR SPACE BEHIND
YOUR NEW WATER FEATURE IS MEASURED FROM THE REAR FENCE OR" BOUNDARY SURVEY " LINE.
PART OF THE WATER FEATURE V1/OULD BE BUILT OVER THE SWALE
AREA, EVEN THOUGH THIS SWALE WAS RECONFIGURED BY YOU OR
A PREVIOUS O\^AER SEVERAL YEARS AGO. THERE IS NO RECORD WTH
Hi Dana
Best regards,
HI RETO
1
10.A.2
Packet Pg. 186 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
THE
AND
COUNTY THAT THIS SWALE RE.CONFIGURATION WAS EVER PERMITTED
APPROVED BY THEM OR THE ASSOCIATION
THIS COULD CREATE A REAL LEGAL MESS FOR THE ASSOCIATION AND
THE BOARO HAS TO SORT THIS OUT. \A/E CANT APPROVE A PROJECT
THAT SO PROFOUNDLY INTRUDES UPON THE ESTABLISHED SETBACKS FOR
THE COMMUNITY,
WE THOUGHT THE CLEARANCE BEHIND YOUR PROPOSED WATER FEATURE
WOULD BE 20' FROM THE " PROPERTY LINE ", NOT 20' FROM THE" BOUNDARY LINE " ( THE TIBURON FENCE )
UNTIL \A/E RECEIVE GUIDANCE FROM OUR LEGAL
\A/E MUST REGRETFULLY WTHDRAW OUR INITIAL
INSTALLATION,
COUNSEL AND THE COUNTY,
APPROVAL FOR YOUR
I KNOW THIS IS DISAPPOINTING TO YOU. Vl/E ARE DISAPPOINTED TOO, BUT
THE SUBMISSION OF THE " BOUNDARY SURVEY " VS. THE " PROPERTY LINE
SURVEY " HAS GUMMED UP THE V1DRKS A BIT. STAY PATIENT AND WE WLL
SORT THIS ALL OUT. THANK YOU
RESPECTFULLY,
CHIP
---Original Message---
From: chip@capnaples.com
Sent: Monday, June 18,201810:41am
To: "Reto Krame/' <retokramer@gmail.com>
Cc: "ILEANA CASTRO" <ileana@capnaples.com>, "Lee Burgin" <lee@capnaples.com>
Subiect: Re: Fwd:
HI RETO,
YES. I HAD THE FINAL BOARD APPROVAL FOR YOUR PROJECT
IN MY EMAIL THIS MORNING.
RESPECTFULLY,
CHIP ALLEN
-Original
Message-
From: "Reto Kramef' <retokramer@gmail.com>
Sent: Sunday, June 17, 2018 9:37am
To: "Chip" <chip@capnaples.com>
Cc: "Lee" <lee@capnaples.com>, "lleana" <ileana@capnaples.com>
Subject Re: Fwd:
Hi Chip,
Does that mean it's approved and we can move forward?
Best regards,
Reto Kramer
PresidenUCEO
CoastalScents.com
2
THIS PROJECT IS APPROVED. VVE LOOK FORWARD TO SEEING
tT t!
10.A.2
Packet Pg. 187 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
On Jun 14, 2018 at 1 1:52 AM, <Dana Torkko> wrote
Yes that is correct.....
From: chip@capnaples.com Imailto:chip@capnaples.com]
Sent: Wednesday, June 13, 2018 3:52 PM
To: retokramer@gmail.com
Cc: dana@williamsmagical.com; Iee@capnaples.com; ileana@capnaples.com
Subject3 RE: Fwd:
HI RETO,
THIS DRAWNG IS JUST V1/I.IAT WE NEED I JUST CONFIRM FOR
US ONE SMALL ITEM.
IT APPEARS THAT THE POND/WATERFALU PAVER WLL TAKE UP
APPROX 30 FEET OF THE 51 112 FEEJ YOU HAVE FROM THE
GUEST HOUSE TO THE REAR PROPERW LINE.
JUST CONFIRM THERE WLL BE APPROX 20'
OF YOUR NEW FEATURE TO THE PROPERTY
IT APPEARS TO ME.
FROM
LINE.
THE BACK
THAT'S HOW
IF THIS IS CORRECT, THE ASSOCIATION WLL IMMEDIATELY APPROVE
YOUR BEAUTIFUL ADDITION
DANA. AM I READING THIS CORRECTLY ? THANK YOU
CHIP ALLEN
---Original Message---
From: "Reto KrameC' <retokramer@gmail.com>
Sent: Monday, June 1 1, 2018 4:31pm
To: "Chip Allen" <chip@capnaples.com>
Subject: Fwd:
Dear Chip
Thank you very much for making this work. We can't wait to have this done asap and are super excited to be able to make
something really amazing.
I do know that you are still waiting for your Cauliflower Mashed Potatoes, we are almost there...
Attached is the overhead view, let me know if you need anything else.
Best regards
Reto Kramer
------ Forwarded message ------
From: Dana Torkko <dg-09@gjllEultsl]tegj.gelg.gl8>
Date: Mon, Jun 1 1 , 2018 at 4:21 PM
Subject:
To: Reto Kramer <retokrame[@qmail.com>
3
DanalorftEo
Cell: (239) 248€3'15
Fax: (239) 790-5166
10.A.2
Packet Pg. 188 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Subjea:
Reto Kramer < retokramer@gmail.com >
Wednesday. June 27, 2018 1:41 PM
Dana Torkko
Re: Pond Project
Hi Dana,
Any news on Plan B yet.
I just wrote them again to clarify if Plan A is definitely dead or just sleeping and if so, to wake it up.
Meanwhile, if you have any Plan B idea, we might want to look into it as I don't really believe Plan A
will happen...
Best regards,
Reto Kramer
PresidenUCEO
CoastalScents.com
Cell: (239) 248-6315
Fax: (239) 790-5166
On Jun 6, 2018 at 9:42 AM, <Dana Torkko> wrote:
Hi Reto,
Please see the attached and let me know if you need anything else.
Dana
Frcm: Reto Kramer [mailto:retokramer@gmail,com]
Sent3 Tuesday, June 05,2018 6:12 PM
To: dana@williamsmagical.com
Subject: Pond Project
Hi Dana.
I just was at the neighbors and I need to have the sketch as a file in order to move forward
Can you please send that to me asap?
Best regards
Reto Kramer
1
10.A.2
Packet Pg. 189 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
S€nt:
To:
Subject:
Reto Kramer < retokramer@gmail.com >
Wednesday, July 11, 2018 3:51 PM
Dana Torkko
Re: Pond Project
Hi Dana,
The previous owner claims he ordered the permit copy and that it was indeed built with a permit.
We should have more info shortly, so it looks like we might be able to build it after all...
Best regards
Reto Kramer
On Wed, Jun 27,2078 al1:40 PM Reto Kramer <retokramer@gmail.com> wrote:
Hi Dana,
Any news on Plan B yet.
ljust wrote them again to clarify if Plan A is definitely dead or just sleeping and if so, to wake it up.
Meanwhile, if you have any Plan B idea, we might want to look into it as I don't really believe Plan A will
happen...
Best regards,
Reto Kramer
PresidenUCEO
CoastalScents.com
Cell: (239) 248-6315
Fax: (239) 790-5166
On Jun 5, 2018 at 9:42 AM, <Dana Torkko> wrote:
Hi Reto,
Please see the attached and let me know if you need anything else.
1
Dana
10.A.2
Packet Pg. 190 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
From: Reto Kramer [mailto:retokramer@omail.com]
Sent3 Tuesday, June 05,2018 5:12 PM
To: dana@williamsmaoical.com
Subject: Pond Project
Hi Dana,
I iust was at the neighbors and I need to have the sketch as a file in order to move forward.
Can you please send that to me asap?
Best regards
Reto Kramer
2
10.A.2
Packet Pg. 191 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Subject:
Reto Kramer < retokramer@gmail.com >
Tuesday, July 24, 2018 3:22 PM
Dana Torkko
Kramers Pond Project
Hi Dana,
I know you are out for the week, but ljust wanted to give you a heads up.
The HOA has approved the Pond and once you are back, we can do the contract and
start with this as soon as you can.
Talk to you next week.
Best regards
Reto Kramer
1
10.A.2
Packet Pg. 192 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Subject:
Reto Kramer < retokramer@gmail.com>
Monday, August 13,2018 10:12 AM
Dana Torkko
Fwd: Lot 19 - 9'126 The Lane - Culvert Permits
Best regards,
Reto Kramer
PresidenUCEO
CoastalScents.com
Cell:(239)15
Fax: (239) 790-5166
Begin forwarded message:
From: Reto Kramer <retokra mer@qmail.com>
Date: Jul 24, 2078 at 2:44 PM
To: Chip <ch ip @ca pna oles.com>
Cc: LEE Burgin <lee@capnaoles.com>, ILEANA CASTRO <!.gg-0!@!ep!gp!E!.cg!l>
Subject: Re: tot 19 - 9126 The Lane - Culvert permits
Great, thank you very much Chipl
We will go ahead with the project, how exciting.
Best regards
> Good afternoon, Reto
> We are looking forward to seeing the completion of
1
Reto Kramer
> On JUI 24, 2018, at 2:00 PM, chip@capnaples. com wrote:
10.A.2
Packet Pg. 193 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
> this beautifuL addition I The Board has approved thj-s
> installation.
> Just one unlikely caveat for your attention, Reto.
> Because part of this installation will be over those
> swale drainage pipes, the South Florida Water Management
> District couId, in a very unlikely scenario, insist part
> of the feature be moved out of this easement.
> Since they and the County approved permits for the work
> the wallaceis had done, the chances of this are beyond
> renote but I owed it to you to inform you of such a
> possibility, though unl i kel y,
> I look forward to that gfass of wine ! ! :+)
> Chip
> -----Original Mes s age- - -- -
> Fron: "Reto Kraner" <retokramerGgmail. com>
> Sent: Monday, July 23, 2018 6:08pn
> To: chipGcapnaples. com
> Subject; Re: Lot 19 - 9726 The Lane - Culvert Permits
> Hi Chip,
> Great, I can't wait to get the finaf good news, this tine for good we would hope.
> This will be absol-utely amazing!
> Thank you so much for mak.ing this happen, we wilf let you know when it's done so you
can come over for a g.Iass of wine and check it out!
2
10.A.2
Packet Pg. 194 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
> Best regards
> Reto Kramer
>> On Jul 23, 2018, at 3:18 PM, chipccapnaples. com wrote:
>> Hi Reto,
>> We
>> What
>> Chip
from
wiIl
the
be
should have f ina.l- approvals
a beauti-fuf addition thi,s
Board later today.
to your property I
"Lee" <leeGcapnaples. com>, "Jim
>> -----Origina.L Message-----
>> From: nReto Kranern <retokramerG gmail . com>
>> Sent: Monday, ,IuIy 23. 2018 2:55pm
>> To; "Chipn <chipG capnapl-es. com>
>> Cc: "Debbi Wall-ace" <debbiwallacec genova- florida. com>,wallace' <j imwallaceGgenova-f lorida. com>
>> Subject: Re: Lot L9 - 9L26 The Lane - Culvert permits
>> Chip,
>> As the requested information was now provided.
proj ect ?
3
can you re-j-ssue the approval of our
10.A.2
Packet Pg. 195 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Best rega rds,
Reto Kramer
President,/CEO
CoastalScents . com
CeLl: 12391 248-6315 (tel: (239)*20248-63151
Fax: (239) 790-5156 (te1: (239)t20790-5166)
4
10.A.2
Packet Pg. 196 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
>>> On Juf 19, 2018 at 11:54 PM. <Jim Wa.Ilace (maiIto:jimwallaceGgenova-fLorida,com)>
wrote:
>>> County confirnation already sent to Chip.
>>> Sent from my iPhone
>>> On JUI 18, 2018, at 3159 Pl'l, Reto Kramer < retokramer@ gmai l, . con(nailto: ret okramerGqma i.l . com) > wrote :
Jim,
Any news on the hard copy of the permit?
5
10.A.2
Packet Pg. 197 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Best regards,
Reto Kramer
President /CEO
CoastalScents, com (http: / /Coasta.IScents . com)
ce1]: 12391 248-63!5 ltel; (2391*20248-6315)
Eax: (239) ?90-5156 (tel: (239)120790-5166)
On ,Ju1 11, 2018 at 9120 PM, <Reto Kramer (mailto: retokramerogmai I . com ) >
Jin, Debbi and Chip,
6
wrote;
10.A.2
Packet Pg. 198 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
>>>>> Thank you very much for aII your efforts to help us out.
>>>>> I greatly appreciate everything you do to get this resolved.
>>>>> Best regards,
>>>>> Reto Kramer
>>>>> President/CEO
>>>>> CoastalScents. com (ht tp: / /Coastalscents . com)
>>>>> ceLl: (239) 248-6315 ltett (239)\20248_6315)
>>>>> Pax; (239) 790-5165 (te]: (239) t20790_5166)
7
10.A.2
Packet Pg. 199 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
>>>>>> On
wrote:
Jul 10, 2018 at 2r48 PM, <Jim Wallace (mai fto: j imwa1.IaceG genova- florida. com ) >
>>>>>> cHrP;
>>>>>> It's been a 1ong time. Hope alI is weII.
I
10.A.2
Packet Pg. 200 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
>>>>>> Debbj- and I vJere recently made aware there has been some question as to whetherthe two 36" culverts i-nstalled within the storn r,rater easement at the rear of Lot 19 (aka9126 The Lane) were approved by the HoA and properly engineered and permitted.
>>>>>> We realize the culverts were installed in 2001,of-the-loop.before your ti-me, so you are out-
answer fs yes
>>>>>> (1) The plans were approved by the HOA president at that tj-me,prior to construction,Elliott Ettenberg,
>>>>>> (2) The engineeri-ng drawings (see attached) were prepared by our civil engineers,wifson Mill-er on Novenber 15, 2001. The twin culverts were designe- to provide the samestorm water capacity reguired by the swale.
>>>>>> (3) The drar^'ings and appl.ication for permit were submitted by wilson Mir.rer toCollier County (see attached) on Novenber 16', 2OO1.
>>>>>> (4) Collier County approved the work (see attached) and issued permithard copy of that perrnit has been reguested and is expected by end-of-week,
9
*5858-E. A
10.A.2
Packet Pg. 201 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
>>>>>> Thanks.
>>>>>> JIM WALI,ACE
>>>>>> Hope this corrects any misunderstanding.
l0
10.A.2
Packet Pg. 202 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
Address: 9126 THE LANE
City, St, Zip NAPLES. FL 34109
p;..,on" 239-248€315
Emai I. retokramer@gmail.com
Date of J o6. AUGUST 13, 2018
: Submlt,by Ematl : .' Prlnt Form
1717 Pll{E RIDGE ROAD . NAPLES, FLORIDA 34109 . 239-597414. Far 239-597-704/r
Willians Magical Garden
center & Lands(ape
WORKING AGREEMENT
26,000
13,000
13,000
52,000
I hereby contract with Williams Magical Carden Center & Landscape (WMC) to perform services, as
detailed below. ln exchange for these services, I agree to pay WMC) $52,000.00 according to the
following payment schedule at the bottom of this agreement.
fo8 DESCX|PTTON:
Qexrjplion s{ !yqr&: LandgqalxrEl. - - !rylcatiq.n El Tree E Pest E landscape D6iEn tr
WILLIAMS MAGICAL WILL COMPLETFTHE FOLL'OWNG:
1.) INSTALL KOI POND PER THE ATTACHED DRAWNG 20X35
a.)parts and plant list is attached b.) MonBt Bridge 4'x8' f[)
c.) Boulders will be mixed smooth browns, grays with some white
e.) Eleclric and Plumbing
f.) 4 Bottom drains (2) with aeratod and (2) non-aerated bottom drain
h.) (4) small PT boxes in the back of pond
i.) (2) Life Support Stations j.) rock bridge on the right side of the pond
2.) INSTALL PAVER WALK PATH TO THE BRIDGE AND SMALL SITTING AREA ONLY (OTHER IS ROCK)
3.) INSTALL RAISED PAVER PATIO 14x14 PER THE ORAWING
4.) INSTALL TREMRON BUILT IN BENCH PER THE DRAWING
5.) INSTALL FIRE PIT (NOT GAS)
6.) INSTALL WATERFALL AT THE BACK OF THE BENCH PER THE DRAWING (spillway and light bar)
7.) INSTALL (3) RAISED BEDS WITH THE RETAINING WALL BLOCK PER THE DRAWING
8.) INSTALL VERTICAL AOUAPONIC BED. WITH TRELLIS ABOVE wlTH QUEENS WREATH INSTALLED
9.) INSTALL KOI CLEAR LOOK OUT lN POND 10) (15) LED Lights and (1) Transicrm€r
I expect these relices to begin no sooner o, rate, thanh%l r am
awarc that more detailed information regardiry this mntract for services is printed on the rcwrsc side of dri3 conr"ct
I ag€e to pa,, wl!4c) according O the follo,r,ing le:
PAYMENT
RIM PAYMENT
I have read and accept all of the Terms and
NAt
'f i. r *.rlrr D rltr rallrr{xlr
IOB TOTAL
proposal is for a des ll apply: I expect to pey an earnet rE tcy payrrcnt of
this proposal on receipt of this design. I understand I have the right to:
(VVi\,lG) to p€rform landscaping services as pr@, against which iry eam6t mon"y
peym€nt will apply.
b.) Not contract (WvlCg services and orn all Parts of the I for an additional
DATE:DATE:
initialsrv
UtUttl Client Sign
Nrr"'%
d.) Bond Beam will be install
9.) (2) Aulo fills
WMG) Signaturc
10.A.2
Packet Pg. 203 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
BESFONSIBIIITY FOR PAYMENT: The Purchas€r or his
the full amount as sPecified heraofore, regadless of any
scape'work.
lepal reoresentative sicninq $is contract is held rcsoomible fu paymcrn ot
cfiangj of o*nership "wtric.h may ake place during ihe pogres o{ ih€ land
ns
drrc under thc crmr
tha al! duc but na
urpakl h frry ftrc
It r5
cosl
cAt
expressly agreed that
of transplanting, shall
GARDEN CENTER &
the lega
have be
of said trees and/or shrubs shall not pass to the Purcha
id bv the Purchaser. lt h asreed that title to anv material
witli full right to enter upo"n the premises and iemove th
I tirle
LANDSCAP
en Pa
E,
col co68.
ser until the ful there of, plus
furnished shall TIAMS MACI-
e samg untilfull payment is made heteunder
GRADING: Unless specifically stated elsewhere, the Purchas€r shall, prior to the commen€emerl of landscaPe r,rork rybgFd! 0t
site to within one inih of the Jinished grade. The Landscape Contsaclor will not remove debris left from new buildinF., but in cas€a
tn-h"r" it ii in or, tnay and the Purchasr-;r is given notice td remove same and does not, the Landscape Contractor will havt il tnord
and charge the Purchase, the actual cost ofdoing so.
solt coNDlTloNs: Any extra expense for labor or equipment to remove stumps. rocks, of comPactd soils will connihjE €xD
charges based on cost of said labor and equiPment.
TIME All landscaoine work will be completed in a reasonable period of time as produaion rhedules allow, subiccr. horwtcr, o
trtor_ weather. orbthir conditions beyorid the control of the Landscape Contractor, and with due respecl to tlle individual planting
.*,,rir"n.1.ntt of the several varieties 6f trees andor plants used. ln the event that the Landscape Contnctot is unabh to continuc
"Jiit inrr"tt"iion of materials because of temporary d6lap due to consruction, it shall be the n:sponsibility of the Owner b Fwidc
miintenance of these materials already installed by watixing them daily until the LandscaPe_Contractor h again^able b haY€ acc€ac
ro oroce"a with the installation. The Owner's responsibility begins on the following day after the Landscape Cont'acb. has bcetl
foted to withdraw due to delaY.
tANDSCApING ETFECI: All trees andor plants to be planted so as to Siveas neat.an immediate efrect and finhhed.appearance.wtpn
comoleted as the character of the plantings and conditions_u-nder which the stock must be planted to thrlve and all other conditions
*ili Firir. m" size of materials determiies the percent o' finished eifect'
RESFONSIB|uTY foR Loss: all tree andor plants provided by the Landscape contnctor.are 8Y*n!eed aSiin$ 1.51
"nd 9eaqfffi;;il; ;;;;r ior an ensuing period of niirty (90) days from date of.planting and arry loss *ithin dl.at period will.b€ replaced
bv the [andscape Contractor wilhoirt expense to the Purchaser, Provided that the.LandscaPe Contractor will not be hekt tcspotlsible
fdr loss or death of any tree and/or plant at any time, after being ptoPerly Planled, arrsrnE. trom excessrve (x conlrnuous wrms, hall-
;;r;;: i'i;hr""i"; fiooJ, fires or other acls of'Providence @ond iti cohtiol; or loss or ileath of any tree ard or plant arisin3 fronr
;i;;i iir;;ri of rhe Purchaser or agents of the Purchaseito properly care forlhe said tree and/or plant inlhe manner Pesoibcd
bv'the Landscjpe Contractor or ilS a8ents tO insute its livin& alter the Landscalr Lontractor snall nave rurneO otrer to tne Purcha3r,
;i ,;;"r, "irirf Frriha ser, the landiaping work as being tompleted in accordance with the terms of this agreemenl GuaanEe i3
voidil payment schedule is not strictly adhered to'
RfsFoNstEtttTy foR ross oR RETOC TED MATERIALS: A reasonable effonwill be made to Preserrre it-5_.,r-t1llh tflgY;;;"d;i;r"i i lob ,it". However, no guarantee is implied or expressed for th€ survival oI the teneral condition ol the Plants o.
trees.
RESFONSIB|UTY FoR DAMAGE DURING t NDSCAp|NG: Durinq landscaoins wo* a reasonable effort will be made to Dferlnt
:#is#:8,:s#,:Hi1rfli;iffiilxft"ii'.;tiffil3r:r*f,mt*,ffi,T",-E_r=8,81*Jl"fF
care will be used to protect, nrt rn" o*ner
"iilimes
responsibility for these it6ms and repair of -me if damage occun during land-
scaping unless gross negligence occurs on the part ot the landscaPer'
DAMAGE TO tANDSCAPING Wof,l(: lf, during the progress of .the work and prior,to its acceplancg..by the Purchaser' any damage'
ii i^r'.f.,ri..r!, ro rhe lanrlscaping wor'k that E cauiedtry the building contrictor's forces or any oth€r person ol petn.. 9lg8eq
in rhJ inrerests t-rf the Purchaser, thePurchaser agrees to Pay lhe Landscape Lonlractors.usUal ano reSularcnar8e6. ror sucn aoolllonal
ii".i or tau"r, material and use of equipment as it may find necessary to suPply in order to lestore tne damaSeo potudt to lE oflS'
inal good conditiorr.
LABOR: Since rhe Larrrlscaping lndusrry is classified ir the A8ricultural Categcrry.it.does not employ.Union EquiPment OperatoG or
il;;];,,il;;;;,lriirri,ln SrisJ*tiered Union Personn6l are required, ihedifference in NormalWages and Union Wages shall
be paid by the Orvner.
ADDITIONA1 WORK: Materials and services, requesled by lhe Purchascr, t"y.o.l4 tl.t* specified in this egrtcment will rcquirc
;";dliili";;i;;"".ent wirich will derail thoie riterials aird services and establish the additional cort ud tltrns rG$rirud to fur-
ii.f tfrl'n, Ui,i"*ttl not affect the lerms and conditions of this agreement'
TERMS AND CONDITIONS
OWNEnSHIh ln connection with this contracl the Nursery is rclying on the ass€rtion of the Custorner that he is th€ olYller of the
;-r6;ni,-$;; ;;iibed or is rhe duly aurhorized agent fo. dre d,wi; and empo,vered to autlorize this nodc
10.A.2
Packet Pg. 204 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
SKETCH OF BOIJNDARY SURVEY
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10.A.2
Packet Pg. 205 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 -
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10.A.2
Packet Pg. 206 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
PLANT LIST FO R KRA MER KO! POND
o (1)TRlPtE PyGMy DATE PALM 7,
o (7) UMBRELTA SEDGE #3
o (1) ARECA f15
o (4) Asclepias tncarnata (Swamp Milkweed) #3
o (2) Cephalanthus Occidentatis (Buttonbush) #3
o (6) Equisetum fluviatite (water horsetail) #1 or #3
o (4) Horsetail #1
o (2) Eupatorium perfoliatum (Bonesei)#3
. (10) Helianthus Angustifolius (Swamp Sunflower) #3. (10) Hibiscus Moscheuto (Swamp rose mallow)#3
o (4) lris Prismatica (Blue tris) #3
o (5) tobelia Syphilitica (Great btue lobetia) #1
o (4) Nymphaea Odorata (native White Water tily) #3 or #1
o (7) Sarracenia (Dana Delight) f3 or #1
o (4) Orontium Aquaticum ,,Big Red,, (Golden Club) #1 or #3. (30) Different variety of water lily
10.A.2
Packet Pg. 207 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams Magical
EQUIPMENT FOR POND
o (2) tNLtNE UV CLARIG|ER 16,000 GALLONS EACH W|TH A
FLOW RATE OF 9,OOO EACH
. (2) ULTTMA 20,000 - 75oo FLOW RATE EACH
o (2) BrG BAHAMA SKTMMER L5,000 GALLONS EACH W|TH A
].4" WE]R WIDTH 28X33X31
(2) BrG BAHAMA FTLTER FALLS 38" SptLL WTDTH (BEAD
FTLTER)
(2) POWER SERIES PUMP 8100 GPH
(2) KOr TOLTET 4" AERATED BOTTOM DRAIN
(2) KOt TOLTET 4" NON-AERATED BOTTOM DRATN
(2)AUTO FTLLS
(2)AlR PUMPS -4P-roct
(2) KNTFE VALVES
(1)ACRYL|C SPILLWAY AND LTGHT BAR
LlNER
FALLS FOAM
(1s) LED L]GHTS
(4) RETURN JETS
CONCRETE BOND BEAM
MISC. PARTS FOR PUMPS, WATERFALLS AND PLANT BEDS
RETURN pUMpS FOR LIV|NG WALL/BEDS (10-12)
MISC. PIPES AND FITTINGS FOR ALL
LIV]NG WALL PLANTING ELEMENTS AND MATERIALS
a
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10.A.2
Packet Pg. 208 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Williams Magical Garden Center & Landscape, Inc.
Job Profitabi lity Detai I for Kramer, Reto: 0g-l 3-201 g Landscape
All Transactions
Act. Cost Acl. Rev6nue (t) Drff.
Partg
illlc. Uaterial3 ( i3c. lrlaterlals)
Hardacape illatarlals (Hardlcapo lrlaterials)
Hard Land3capo llatorlals (Hard Landscape i,latorials)
Hard Trss Xlato.tats (Hard T.€o lratertals)
Hard lnlgatlon l{atort.b (Hard tntgauon taaterlals)
Hard Llghtlng lrlatorlal! (Llghttng Mat rtals)
H.rd Fountaln lraterlal! (Hard Fountaln Uatarials)
Total Hardacape atoriatr(Hardsqaps ilatertat!)
Total illlc. Mat6rlalr (Mtsc. Matortats)
Total Partg
Sgrvlc€
lrlowing S.rvlce (Mowlng Sorvlco)
Landscaplng 56rvlco (L.nd!capo Sgrvlco)
Fountaln Sorvlcs (Fountaln S6rvlcs)
lnigatlon Servlce (lrrlgatlon Servlco)
Troe Dlvlrlon Servlce (Tr€o Divlllon Sorvlco)
Lighting Servlcs (Lighting Sorvtce)
Labor
lrfigation Labor
Labor - Gardsn Contor (Labor - Gardon Csnta.)
Labor. Landscaplng (Labor - Landscaptng)
Total Labor G5
17,421.02
507.48
186.60
1,332.48
10.9r9.8r
30,367.39 0.00 -30,367.39
30,367.39 0.00 -30.367 39
30,367 39 0.00
0.00
65,000.00
0.00
0.00
0.00
0.00
-30,367.39
52.09
31,547.84
3,306.61
3,199.55
70.26
16.15
-52.09
33,,r52.16
-3,306.61
-3,'r99.55
-70.26
-15.'t 6
283.61
902.67
226.93
0.00
0.00
0.00
-283.61
-902.67
-226.93
1,413.2'l 0.00 -1,413.21
Total S€rvlce
No itom
TOTAL
72-e%[\o'rlcl 39,605.72
9,234.06
65.000.00
-24,927.64
25.394.28
79,207.17 40,072.35
l-os S
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-17.421.02
-507.48
-186.60
-1,332.48
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0.00
0.00
0.00
0.00
0.00
10.A.2
Packet Pg. 209 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 -
Not as per Confac{:. Size of Pond is 40% smaller
\- . Sittinq AIea is 12 x 12 instead 14 x 14--'- raR=s3a.s- G;( -'I\€' Jiet..o -pqrJ. cF {ke dciveo:
\FiRishing the Pond includes but is not limited to U se items:\$\ B_ridge floor needs to be stained according to sampres that wifl be provided as
\S 8:S:f""* to be finished buildins and sreined to samptes to be provided as_ discussed
---:' waterf;all by sitting area needs to be built instead of the backside as discussed--'-.r All waterfalls need to be lerrcled out and if water flow is too, pump size might be_ too low fur having waterhlls--t 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-coveEd 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 head 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 finish€d 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 grav€l or other substrate that we can agree on
{:-,, Fully func{ional ebb & flow Stone Aquaponics need to be installed on the side as
s<S
per original contrac{ and as disc,ussed - L}o r,hli€s
All missing plants installed including plants for pergola as discr.rssed
Bridge needs to be patch€d/painted where there is a hole as discussed
Reallocation of arica palm as discussed
Turde beach with 1 foot sand and 'barrier. stones to prevent escape of the tur$es
Not salisfied items:
..-- Cover of Skimmer
\-- Not covercd black part of big waterf;alt top\. Pebbles before Bridge
Afiir finishing tho project:\, Finishing conditioning of pond water to the state where fish and turfles can be
living inside the pond. lf needed, working on water floda€ration to provide optimal nutri€nts to the
plants in the aquaponics systems. Complete instruclions of how to maintain and service the pond with installed
equipment.
Extra not included and to be offered
Fish Lookout -
tDi ((ia.\ <-Re-{-, ko.
access to the pond areaol- I
I?
q^e?
P[.+d.
10.A.2
Packet Pg. 210 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
. Ifneeded, working on water flow/aeration 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. Screen around lower part of the fence to prevent critters access to the pond area I yfqq_
As soon as we can get the documentation for the expenses and this agreernent signed, we will issue the check
for S10,000.
Please let me know if you have any questions.
Best regards
Reto Kramer
(239) 248-6315
11 (
)
2
-=---*
10.A.2
Packet Pg. 211 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Cc:
Subject:
Reto Kramer [retokramer@gmail.coml
Tuesday, October 02, 2018 8:12 AM
Dana
Dorothy Kramer
Pond Progress--1 I -'8, l( rn9 t1oJ^\7 )
$s<s,.*C
i6-Z"sU
ip Scr-eecr #en *hg
s\de- crl- F=rrcq9-
HiD S*o.f\
Y er-l-
,t"*J*o -
a""llg--tf,ut
\FBri
Yesterday, we only had 1, sometimes 2 people working in our backyard. Consi October 1 st was
another missed deadline to have this project done and we are in week 7 now ofan original planned 2 weeks, we
expect more people and more progress at this point.
Here is a list of everything that has to be done, please let us know the timeline ofwhen each ofthese iterns
be finished: We have rescheduled for the 3rd time our pavers to be cleaned on October 22nd, so that
another 3 weeks, more than enough time to be co mplete(dt
-..._l
____-...t
1. landscape Lights
2. Pond Underwater Light
3. Waterfall Lights on all waterfalls
- 4. Big boulders on the main waterfall as per drawing
}( More flow on Waterfalls (where are the waterfall pumps? Hopefully, they are not powered by the 2 main
pumps as they are already borderline for this size of the pond - 20,000 Koi Ponds should have at least
20,000 gallons per hour water flow according to pond calculators, we have 16,000 gph with the 2
pumps)
6. Bench behind plateau
7. Skirt at Plateau
8. Wood Staining on Plateau and Bridges (still did not get any samples) and Paint the bridges green (for
agreed $500)
9. Tiellis along the river - E"- dc,.q {g ""glt-,^.r.'---,10. Waterfall behind the sitting area t t- . ^ l- ^ I ,
ll.Electricoutletsfro 120&USBatbothendsofthesittingarea -T+.-,( ndJOn Fron/'' Q'/eC*"c'
12. Aquaponics Systern on the backside and behind sifting area Cf.,e<( O N I
13. Water-spot in Pond as per drawing:14. Fish Lookout
- 15. Turtle Beach
--16. Wider Stepping Stone to Plqteau , I
17. Exchange Split Stone - Y r r^s + S-|r3nq
18. Stairs on the backside of front stairs, so the front stairs make sense
19. Pump Noise can be heard from everywhere, all we should hear is the waterfalls (this was brought up
before as a concern when placement of pumps have been discussed and was confirmed by you that the
waterfall will eliminate any noises from the pumps)
20. Sprinkler Systern -\One
21. Big boulders in front ofthe pond, close to the stairs (the boulders that you said are the reason the pond
could not have been built there).
22. Bench at left sitting area - Cocning --i-6 6rq e1g.,.-r
23. Sod everywhere where there is dirt
NcrP 4reca-
t
1
10.A.2
Packet Pg. 212 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
Dana Torkko
From:
Sent:
To:
Cc:
Subject:
Reto Kramer [retokramer@gmail.com]
Thursday, October 1 1, 2018 10:30 AM
dana@williamsmagical.com
Dorothy Kramer
Pond Project
Dear Dana.
M cal Garden overspent the ect orl which resulted in a total loss of Magical Garden of at least
l0 Kramers agree pay an extra 10,si gung s agreernent ln cover part o
Magical Gardens loss even though there is no obligati on to do so. The additional paymsnt is goodwill onl tn
order to minimize the loss of Magical Gardens and is not actually owed by 2
In order to receive this extra payment, the Kramers need to receive full documentation including invoices ofall
spending claimed to be part of the total spending resulting in the loss before signing this contract. After sigring,
the Kramers will pay the amount of$10,000. The $13,000 of the original contract owed money is due by the
end ofthe project which can not be longer than October 22th, independent of weather conditions, workers
available, none functional equipment or any other possible circumstances.
Gardens and has no longer to be pal d by the
ers.o
d
e
. All waterfalls need to be leveled out and if water flow is Kramers sole discretion, the
Kramers will pay $ 1000 extra for an additional
including all needed plumbing electrical and labor.
All water I ights need to be adjusted and made invisible as di-t5=hlep[ateau needs to be stone-covered and there need to be a bench in
- ;---fhe 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(tr,2 . Aquaponics System on the back and side need to be finished and installed fully functional. On both sides
D i t l be of the tables needs to be a 2-3 feet leveled path to stand on, details to be discussed (possibly pavers?).
a {len The backside needs to covered with gravel or other substrate that we can agree on. p'ully functional ebb & flow Stone Aquaponics need to be installed on the side as per original contract
and as discussed. All missing plants installed including plants for pergola as discussed. Bridge needs to be patched/painted where there is a hole as discussed. Realocation ofarica palm as discussed. Turtle beach with sand and "barrier" stones to prevent escape of the turtles as dicussed
After finishing the project:. Finishing conditioning ofpond water to the state where fish and turtles can be living inside the pond
We have discussed the current situation and we are willing to work with you.
Here is what we can agree on:
/
Finishing the Pond includes but is not limited to these iterns: . -1,- --. A.iage floor needs to be stained according to samples that will be provided as discussed ry"4
Both pergolas need to be finished building and stained to samples to be provided as discus_sed O1l Aa--4, . Waterfall by Sitting area needs to be built instead of the backside as disiussed l-083 .*
installed
the back of it
I
10.A.2
Packet Pg. 213 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
I a
Pergolo Flowers
Bench stone look over povers ond stobilize bench top to not move
Airotion ond floot in long Aquoponics
i ht on river still on the wrong side
Pond underwoter light instoiled
Borrier Stones to prevent Turtles from escope
Pump Noise con be heord from everywhere, oll we should heor is the woterfolls
underwoter jets not instolled/pointed yet ond not working ot oil
Sprinklers mixed roted heods
Aquoponics on side stone cover
10.A.2
Packet Pg. 214 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct
. Sittino---. rrn=s3 2 instead 14 x 14( -\+* Jidgpac{- or +[e dciv..,-r
but is not limited to tliese items:
Not as p€r Contract. Size of Pond is 40% smaller
Area is 12 x 1ocs Uj(},s
ishi ng the Pond includes
rs
-\\g
-\
--t..\.
)a'L-:./
Bridge fioor needs to be stained according to samples that will be provided asdiscussed
Pergolas ne€d 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 flow is too, pump size might betoo 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-covercd 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 substrate that we can agree on
Fully functional ebb & now Slone Aquaponics need to be instalred on the side as
per original contract and as discussed - Llo p.,bblEc,
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 'barrief stones to prevent esca pe of the turtles
Not satisfied items:
._. - Cover of Skimmer
\\ Not covered black part of big waterfall top\, Pebbles before Bridge
After finishing the project:\, Finishing condfioning of pond water to the state where fish and furues can be
living inside the pond. lf needed, working on water ffodaeration to provide optimal nutrients to the
plants in the aquaponics systems
' complete instruc{ions of how to maintain and service the pond with installed
equipment.
Extra not included and to be offered
Fish Lookout
\tr,.)i ((iaus -Re{-, l/i^q tfuxe (7
access to the pond areaol- t
v,,3 Pf"+d.
10.A.2
Packet Pg. 215 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
o
o
a
a
a
a
a
To Finish-Kramer
Pergola vines-ordered here
Pump noise
Bench stone secure & end pieces-Red Slate
Bench stones on ......
4X12 floating w/holes-cut holes-in front room
Move river lights to point away
Peel & stick stone-look on boxes (
o Under water lights (Nov. 10 extra)
o Jets (a) to be installed 2"-eyeball
o Barrierstones-turtles?
o Backwash 2" to canal
o Re-plum for 3'd pump
New
. Add piping for backwash
o Wants 3'd pump(he willsupply-we install)
o Change plumbing to separate 3 zones
. 2 pumps waterfalls
o 1 pump aquaphonics
l+
o- n-Q.J-s.tr
ord'ef
10.A.2
Packet Pg. 216 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
,rrryl t" W 4: o7
<"of
J\
Pump Noise con be heord from everywhere, oll we should heor is the w oterfolls (thiswos brought up before ond wos conf
pp
irmed thot the woterfollwill elim
cove) ,,/A2/inote onv noisesA;*.;JLfrom the pumps 0 hot ho
7?ot ened t * tr(
Bench stone lo ok cnrer povers
d?,
n ge EA q/rlr la
rid 1,,
S tn W ln
euV
Gross re plocement {W r<-tte4ru,
Airotion ond floot in long Aquoponics finrf-^
{,ight on river still on the wrong side
o>r
,
Aquoponics Stone took A4n JD -414 "uo4?L/e.{2e4/-
p Pergolo Flowers
X Pond underwoter light instolted hcl*, levrtact fi be
10.A.2
Packet Pg. 217 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct
,e,*^ 4: o7
Pergolo Flowers <"of
Pump Noise con be heord from everywhere, ollwe sho uld heor is the woterfolls (thiswos brought up before ond wo s confirm
4-o4rd d?,
from the pumps 0n*hTf
ed thot the wo
cove) o/A//
terfollwilleli m
Aa ,.<inot-e onv noisesA;.q;rd-*ened t
Fix bridge hole ond point eA c/rlr la
Try to remove Stoins on wolkwoy/bridge Ur// /o ,ln
Gross replocement t+f/4 {,q <treu*a Cqrutfi
Airotion ond floot in rong Aquoponics frrnrv f41 ou.v !r*;*r""t5.44
Light on river still on the wrong side 411 C/rol "iTerrrU*.,
Aquoponics Stone took A"n Jo-ld& %04?L /e,.{
Pond underwoter tight instolted 7"r/; lo-zrta"t -/, beDfunia;ap/
,rrqi % edo
Bench stone look over povers
10.A.2
Packet Pg. 218 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 -
rrll verizon ?1O:51 AM 84Y" r'
<o
Reto
Sat, Nov 17,2:36 PM
Not koi, they don't taste
that great lol
Sun, Nov 18, 10:59 AM
We have the pavers
sealed Monday around
4pm, so 24 hours after no
one can walk on there.
Thu, Nov 22,1:12PM
Do you like seafood?
@)
RK
t
o
10.A.2
Packet Pg. 219 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rttl verizon ?
(o
1O:51 AM
Reto
Thu, Nov 22,2:54 PM
84%=,
a-
I I
vou too!
God bless you guys and
have a happy
Thanksgiving don't eat
too much turkey
ffia#
-I
It
a ata
@ @
I !
Happy Thanksgiving to
6l@
E
10.A.2
Packet Pg. 220 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.rll Verizon ?
(o
1O:52 AM 83% l='
Reto
Hi Tom. Can you fill me in
on what the plans are to
finish up our pond?
Mon, Nov 26, 2:2A PM
Hello, Tom?
Mon, Nov 26, 5:48 PM
Do you want me to go
ahead and hire someone
else to finish up?
Mon, Nov 26, 8:18 PM
@
Please forgive me for a
few days- you told me the
pressure was off unti! you
o)
riii
10.A.2
Packet Pg. 221 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
r.tl verizon ?
<o
1O:52 AM
Reto
83Y"Au
t
pressure was off until you
got more fish or they
started pooping a lot-and I
have to gather up some
revenue to pay my bills
and payroll...we need your
payment in the worst
way...l've never left a
contract unfinished. Make
me a new list please and
help my company with
payment 9000. And you
hold rest til we finish...
thanks...
There are a few things
that just came to my
attention: the jets inside
the pond are not only
nriaoinar +ha incart hr rt r{a
@@)
Ilarl'l!r:r
10.A.2
Packet Pg. 222 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
t.ll verizon ? 10:52 AM
<O qS,
Reto,
the pond are not only
missing the insert but do
not work at all. And the
sprinklers have been
mixed inside a zone with
totally different flow rates,
which can not work as
they do need totally
different timings.
lf the only thing left is the
aquaponics part, I am fine
with the 9OOO. But on the
rest, I need this done
ASAP so I can start with
the YouTube channel and
make money, we can't
wait much longer. lf I have
to fly someone in (l don't
think there is anyone in
Naples else than you) it
Bgz iE,
@@)
10.A.2
Packet Pg. 223 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
trtl verizon ?10:52 AM
Reto
<o
Naples else than you) it
will probably cost easy
1Ok not knowing why the
jets are not working,
where the power line for
the light is and how
difficult the silencing of
the pumps and adding the
pond lights will be, so I
really do need that work to
be done first. The issues
with the sprinklers can
cause major damage to
either the plants orland
grass which already starts
to show, and the jets not
finished installing and not
working will have an
impact on the water
quality that does not get
@@)
83%Ql 10.A.2
Packet Pg. 224 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rrtl Verizon a 83%=,
<o
Reto
Naples else than you) it
will probably cost easy
10k not knowing why the
jets are not working,
where the power line for
the light is and how
difficult the silencing of
the pumps and adding the
pond lights will be, so I
really do need that work to
be done first. The issues
with the sprinklers can
cause major damage to
either the plants orland
grass which already starts
to show, and the jets not
finished installing and not
working will have an
impact on the water
quality that does not get
@
@
10:52 AM
@)
10.A.2
Packet Pg. 225 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.!tl Verizon ? 10:52 AM<o#
Reto
quality that does not get
any movement as needed
and could cause major
issues with the fish. By
Friday, there will be
around 1OO fish in there
and some are pretty
expensive too, so we need
those things addressed
now before it's too late.
Here is the current list, the
barrier stones I will need
to have by Thursday as
the Turtles arrive Friday.
So please let me know by
tomorrow if you can have
those by Thursday or if I
have to organize them
elsewhere. I really need
83% E,
@@
10.A.2
Packet Pg. 226 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rttl verizon ?
(o
1O:52 AM
oReplay
Reto
elsewhere. I really need
dates for each position.
Tue, Nov 27,3:29 PM
?
a
Ia
@
l'll get back to u in am
a a a a
83%Q:
iiiii
Pergolo Flowers
Pump Noise con be heord from everywherc, oll we should heor is the
Bench stone look over povers ond stobiliue bcnch top to not movc
Aiotion ond floot in long Aquoponics
Light on river stilloir the wrong side
Pond underwoter lighl instolted
Underwoter iets not instolled/pointed yet ond not working ot olt
Sprinklers mixed roted heods
aquoponics on side slone covet
Borier Stones to prevent iurtles trom escope
wolertolls
Having a hard time getting
back to you today but
doing my absolute best to
o@)
10.A.2
Packet Pg. 227 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rrtl verizon ?
(o
1O:53 AM
Reto
asz {=,
Tue, Nov 27,5:1A PM
Ok - I also just found out
that both uv filters are
close up - one was
unplugged, the other one
was running without water
flow. Turning them on will
pretty much stop the
waterfalls - there is hardly
enough flow as it is, I think
those go to the jets and
have been disabled
Jraa.rr raa tJra:a ia ir rrrl rrai
@
doing my absolute best to
get there probably Am
means tomorrow am lwill
come by between nine
and 10 if that's OK
@)
nrl
I.3[1ISLI.LET
)
10.A.2
Packet Pg. 228 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
!.tl Verizon A 1O:53 aPl
<o
Reto
have been disabled
because there is just not
enough pressure to run 5
waterfalls and the jets.
Looks to me like there are
some maior plumbing
issues, lbelivelheard
mike mention something
that plunking needs to be
redone as it's connected
wrong...
One of the UV filters also
leaks when turned on.
Tue, Nov 27,6:40 PM
Any chance you can bring
Mike with you? There is
some technical stuff I
83% r=,,
@
RK
@
10.A.2
Packet Pg. 229 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
lttl verizon ?10:53 AM 83% i=,
<o
Reto
DLrl I lE tEr.rl l! llryGll DtLll t !
would like to go over and I
think he knows a lot about
plumbing, pumps and
filters.
Tue, Nov 27,1O:1O PM
Wed, Nov 28, 8:03 AM
Yes, I think he has a lot of
knnrnrladao anr{
@
l'll check
@)
RK]
Mike can't make it till
afternoon probably 2
o'clock so I will move my
appointment with you to 2
o'clock today and bring
Mike if that's OK
10.A.2
Packet Pg. 230 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
<o
knowledge and
experience on some
things we need to discuss,
so 2pm is fine but I have to
leave to pickup the kids at
3:OO, so rather earlier than
later.
Tom, I need to know where
we are standing with all
the open issues so we can
move forward accordingly.
g3y"t-._,
We will come earlier if we
can
rrll Verizon ?10:53 AM
Reto
Wed, Nov 28, 4:58 PM
@o@)
Fri, Nov 3O, 8:32 AM
10.A.2
Packet Pg. 231 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rrl! Verizon a 1O:53 AM 83%a'
(o
Reto
Fri, Nov 30, 8:32 AM
Turtles can climb out
unfortunately and the
fence door was messed
up somehow so it won't
close anymore.
So I guess I have to hire
}
I will get to your list next
week-l must follow the $
this week - turtles can't
limb out , sprinklers are
correct- 1 less zone uses
less water- you should
have your "sprinkler man"
put lower volume heads
on north side, and reduce
time on north and save
your water bill...
@ @
HK
10.A.2
Packet Pg. 232 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
..ll verizon ?10:54 AM
<o
Reto.
So I guess I have to hire
someone to fix this so I am
not losing my turtles
during the first day
already...
Can you tell me where the
main water line switch is?
Also, where are the
autofills? ls there 1 or 2
autofills?
Mon, Dec 3, 2:13 PM
I still did not get a timeline
on when you will do what.
lwill need to know and I
also need plumbing and
electric plans so I know
where is what below
nrrrr:nr{
B3y"E,
@
RK
o@)
10.A.2
Packet Pg. 233 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.tll verizon ?
(o
Reto
Fri, Dec Z 10:48 AM
Tom, the overflow is
constantly running, I
believe there must be a
leak
Topoff I mean, not
overflow
Mon, Dec 17, 11i27 AM
No need to do a third
oumo. I hired a soecialist
ssxEl
Hey Reto Mike is going
over to make a parts list to
set up plumbing
changes... have you got
the third pump yet?
@)o
10:54 AM
.d$#h
li l.
10.A.2
Packet Pg. 234 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
r.tl Verizon ?1O:54 AM 83% l=l
<o
Reto,
pump. I hired a specialist
that will fix the current
plumbing this week.
I thought you said you are
abandoning this job and
that's why I also did not
get any answer anymore
including fixing a leak that
costs us a high water bill.
Never said lwould
abandon your job have
never abandon a job in my
career not starting with
you I simply stated that I
had to go elsewhere for
money I needed to
prepare my payment for
Christmas and for the end
@ @
tifiI
-l 10.A.2
Packet Pg. 235 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.rll verizon ?10:54 AM
Reto
(o
Tue, Dec 18,6:50 PM
Putting a $20 styrofoam
board in the back with a
few holes in it and not
even taking the foil off and
protect coat it like the
$2000 unit we gave you
for free to replicate in a
hiaarrr arr.rla rreant* ia
a T
money I needed to
prepare my payment f
Christmas and for the end
of the year and I could not
depend on you for
payment I have a list of
simple items that need to
be completed lam intend
to complete now.
@ @
RK
gg%"Ab 10.A.2
Packet Pg. 236 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.tll Verizon ?10:54 AM 83%4,
(o
Reto
for free to replicate in a
bigger scale won't do
much. Unless I get a
detailed plan of action
with dates like you
promised 2 weeks ago, I
will look at this project as
abundant as there has
been done no work done
for at least 6 weeks or
more.
Thu, Mar 14,1:54 PM
Our pond collapsed on
both sides due to roots
growing through the liners
and other issues of the
construction done wrong.
We are spending ten
@ @
ii$!
10.A.2
Packet Pg. 237 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rttl Verizon A 1O:54 aY
<o
we are spenotng ren
thousands of dollars for
repairs with several
specialists right now. I
need to know 2 things
right away in order to
make this huge bill not
going way higher than it
needs to be:
1. Where is the auto fill
connected to and where is
the valve to turn it off
before it goes to the float
valve
2. Where does the
overflow come from and
where does it go to
esz l=,
@)o
RK
Reto
Thu, Apr 4,8:24 AM
(
I
10.A.2
Packet Pg. 238 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
..ll Verizon A
<o
Reto
Thu, Apr 4,8:24 AM
6)@
10:55 AM 83% E,
--.
There are more leaks
somewhere in the Pond,
and the leak on the UV still
never got fixed by you.
You are responsible for
fixing this. When will you
fix it?
L
^\:
0..1 -_t
-]
,l,
i ,:s
r \
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10.A.2
Packet Pg. 239 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
..tl verizon ?1O:55 4Y
Reto
Mon, Apr 8, 12:38 PM
83% l=r'
<o
a IWe have every intenti
working with you to make
your pond a viable
operation. To do this you
will need to pay the
remaining balance that
you have....we have never
in 45 years dealt with this
type of issue and we have
made every attempt
possible with you to do so.
Should we remind you
of
@)@
t--
I
F
10.A.2
Packet Pg. 240 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rrtl verizon a 10:55 AM
<o
Reto
Thursday 6227 PM
Thank you for your offer to
finally finish the pond
according to the
agreement and fix all open
issues. We will gladly put
the requested $13,OO0 in
an escrow that will be
released as soon as you
have done all work
according to contract and
a2%-'
ould we remind you
that you through us off the
job.We will be happy to
help with what we can
once your balance is
resolved. Your balance is
$13,000
I
@ @
10.A.2
Packet Pg. 241 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
82%a'
Reto
the requested $13,000 in
an escrow that will be
released as soon as you
have done al! work
according to contract and
built the pond according
to best practices, code,
and Florida law and
therefore fulfilled your
part of the agreement.
Please confirm your
intentions are real on or
before Monday, April 1sth
so we can start working
on the details.
The only option that will
work for us is escrow
@ o
.tll Verizon A
(o
10:55 AM
RK
Friday 12:19 PM
10.A.2
Packet Pg. 242 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.ttl Verizon a
<o
10:55 AM
Reto
e2%4,
lr I
work for us is escrow
$1000.00 and pay the
12,000.00 then provide
us a list that you feel will
fulfill our agreement and
we will respond after that.
We have never ever not
honored a contract and
we do not plan to however,
we are not in a position to
fulfill for free and we
can't!!!We have
employees to pay and so
forth. We have tried many
times to do this for you
with no avail due to you
changing things etc. up to
the point of y telling us
to leave your property.We
have told ou that at an
@)o
RK,
10.A.2
Packet Pg. 243 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
.rll Verizon a 1O:55 1!rl
<o
Reto
Friday 5:45 PM
We do not ask for
anything extra or free, the
only thing we are asking
for since you abandoned
us last November 2018 is
that you fulfill your part of
the contract in the same
82% -'
@
to leave your property.We
have told you that at any
point you brought in other
contractors to change,
modify any of our install it
would void all warranty.
Our main goal is to have a
finished product that is
beautiful and functions.
@
Delivered
10.A.2
Packet Pg. 244 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
rttl verizon ?10:55 AM
Reto
us last November 2O18 is
that you fulfill your part of
the contract in the same
way in which we have
fulfilled our part. You have
not finished the work per
contract: most of the
parts you built are not
working and we did not
get any help or any
indication that you were
ever going to fulfill the
contract as of today. Every
of the several attempts to
get you to do anything or
provide us any information
or response was simply
ignored by you, which is
the reason we had no
choice but to hire an
AZY"A:
@ o
<o RK
10.A.2
Packet Pg. 245 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
r.ll verizon ?10:56 AM 82%a'
(o
Reto.
the reason we had no
choice but to hire an
Attorney.
You cannot say that you
honor the contract, yet
decide not to do the work
required to make our pond
a functioning pond.
Furthermore, you cannot
say you have any intention
to honor the contract yet
not do any work or give
any responses to us or to
our Attorney even though
the deadline of finishing
the work is more then 3
months overdue as per
contract.
@ @
K
10.A.2
Packet Pg. 246 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
<o
1O:55 aY
Reto
82%a'
YVI rtt i-t 15a
You are currently in
breach of contract - so
either you stay in default
and do not honor the
agreement, or you do the
work that we already paid
for (as per contract, the
13,OOO.OO you are asking
for are not due until all
work is completed) and fix
everything that is not
working or is done wrong/
not to code or not
according to the law. Just
tell us how you wish to
proceed, so we can move
forward according to your
decision.
@ @ t
rlll Verizon ?
RK
10.A.2
Packet Pg. 247 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 - Misconduct - Thomas R. Williams - Williams
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10.A.2
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Packet Pg. 257 Attachment: 2019_08_RESPONDENTS_REBUTTAL_THOMAS R WILLIAMS (11145 : 2019 - 08 -
1
Martha S. Vergara
From:OssorioMichael <Michael.Ossorio@colliercountyfl.gov>
Sent:Wednesday, January 15, 2020 8:25 AM
To:Martha S. Vergara
Subject:FW: Amended Admin Complaint
Attachments:Amended Admin Complaint_1-15-2020.pdf
Good morning Martha,
Please review Amended Administration Complaint for case # 2019‐8. Thomas R. Williams, doing business as Williams
Magical and Landscape. This is an amendment/ correction for our CLB hearing today.
See you there,
Mike
Michael Ossorio
Director, Code Enforcement
Growth Management Department
2800 N. Horseshoe Drive
Naples, FL 34104
Office: 239‐252‐5706
Fax: 239‐252‐2859
Michael.Ossorio@colliercountyfl.gov
NOTE: email address has changed
“HOW ARE WE DOING?” Please follow this link to fill out a CUSTOMER SURVEY:
https://colliercounty.co1.qualtrics.com/jfe/form/SV_czRS8tDYq3mCKix
We appreciate your feedback!
From: AfanadorIvan <Ivan.Afanador@colliercountyfl.gov>
Sent: Wednesday, January 15, 2020 8:17 AM
To: OssorioMichael <Michael.Ossorio@colliercountyfl.gov>
Subject: Amended Admin Complaint
Please see attached.
Thanks,
Ivan Afanador
License Compliance Officer
2
Operations and Regulatory Management
Growth Management Department
2800 North Horseshoe Drive
Naples, Fl 34104
Office 239‐252‐8019
Ivan.Afanador@colliercountyfl.gov
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
AMENDED
BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
V.
Case No: 2019-8
THOMAS R. WILLIAM, D/B/A WILLIAMS License No.: LCC20130000742.
MAGICAL GARDEN AND LANDSCAPE,
Respondent.
1
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Thomas R. Williams
(Respondent), a Collier County licensed contractor with license LCC20130000742. The
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 (201300000408).
2. The Respondent, Thomas R. Williams is the Collier County license holder of record
for the company D/B/A 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
at 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
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.
8. A review of records revealed no building permits were applied for regarding the above-
mentioned work.
9. On October 25, 2019, a meeting with contractor Williams 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.
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,
13. The County brings the following Count(s) in this Administrative Complaint against the
Respondent:
COUNT
A. Thomas R. Williams is the holder of licenses for Landscape Contractor
(201300000406), 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
competency 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(18),
which states, in pertinent part, that it is misconduct by a holder of a Collier County
Certificate of Competency, by 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 es t guilty of the
violation(s) charged.
Dated: Signed:
Collier County Contractor
Licensing Supervisor
State of Florida, County or
The foregoing instrument was acknowledged before
me this day of i,, _ by
m.
(Nana of parson ac snowkdging).
{&Oatun of kotary Vublk • Stah of Ronda/
fPrt T" of Stung C"m & and N40* of Motary hbk)
Personally Known OR Produced Identification
Type of IdentJRcatfon f'roducted r•✓
rP. •�' JDANN GR Er:3=_RG
�1 Notary Public Stale 2 F:urlc
Commission tt GG 32714'
o, n My Comm. Expire, k;;I 24, 201 J
9onded through Natiorndl !rotary Ass
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 10.B
Item Summary: 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 3:26 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 3:26 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 3:26 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:53 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
10.B
Packet Pg. 258
Contractors' Licensing Boa rd
2800 North Horseshoe Dr.
Naples, FL 34104
Complaint Number- 2020-01
Complainant: Any person who believes that a Contractor holding 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 essential facts in support thereof.
Compla int: Obtaining a permit on beha lf of an unlicensed company
Please print or type and return signed copies ofthe complaint.
Date: December 04, 2019
Against:
Contracto/s Name: Roberto M. Torres
Phone: 239-895-5726
Business Name: Premier Pavers, lnc.
License Number if known: 1CC20150000357
Collier County Competency number: 201600000170
Contracto/s Business Address: 707 SW 13th Terrace, Cape coral, FL 33991
Filed By:
Name: collier county contractor'' Licensing / Ruben Martinez
Address:2800 N. Horseshoe Dr., Naples, FL 34104
Business Pho ne: 239 -252-2297
Address where work done: 148 Johnnycake Drive
City: Naples
County: Collier
Date of contract: May 22,20L9
10.B.1
Packet Pg. 259 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Date job started: 08-01-2019
Date job completed or new home occupied: Pending
Were there plans and specifications? No (Just Drawings)
ls there a written contract? Yes. lf yes, amount of Contract: 59,200.00
Has contractor been paid in full? . lf not, what amount? S8,751.00
Was a Building Permit obtained? Yes. Was a Building Permit required? yes
Building Permit number if known: PRROW2019062751101
Have you communicated by letter with the licensee? Yes, a Notice of Hearing was signed and accepted
by Roberto M. Torres on December 76,2019 for a hearing date of January f5,2020.
Date: December 16,2019. Do you have a reply? Yes
Please attach to this form all copies of the purchase agreement, building contract, home improvement
contract, copies of recelpts and/or cancelled checks available and any additional evidence to
substantiateyourallegations.ListanysubsectionsofSection4ofCollierCountyOrdinancenumber90-
105, as amended, 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, as amended, Section 22-2OLlll states, in pertinent part, that it is
misconduct for a holder of a Collier County Certificate of Competency to knowinBly combining or
conspiring with an unlicensed contractor by allowing his certificate of competency to be used by an
unlicensed contractor with the intent to evade the provisions of the ordnance.
Please state the facts which you believe substantiate your charge of misconduct against the subject
contractor. List facts separately for each subsection number above:
on or about, June 13, 2019 Roberto M. Torres knowingly violated Collier County code by applying and
obtaining a right of way permit on behalf of an unlicensed company that contracted and obtained
payment from Steven T. Merkel to do work without a licensed at 148 Johnnycake Drive, Naples, FL 34110.
Roberto M. Torres is the holder of license for Paving Blocks Contractor (201600000170). Roberto M.
Torres is in violation Collier County Munlcode Sec. 22-201(1), which states, in pertinent part, 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
10.B.1
Packet Pg. 260 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Ordlnance 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.
that it is misconduct for a holder of a Collier County Certificate of Competency to knowingly comblning or
conspiring with an unlicensed contractor by allowing his certificate of competency to be used by an
unlicensed contractor with the intent to evade the provisions of the ordnance.
Ruben Ma rtinez
State of: Florida
County of: collier
Sworn to (or afflrmed) and subscribed before me this 3lsr day of 20t9,
by R{68.iaL-
(signature of Notary Public)
Print, type or stamp commissioned name of Notary Public:
Personally known or produced identification
ture of person making statement).
:-. ,T ',. j s-l '-, r,/ { r -.
' :J_^ " L:'
t".
iJi' tEC " I 2.]l9 ,
Pr' -}'q.
?^(A/.{j
JOANN GREENETR6
Nolary Publi( - state ot FloIld.
Commlrtion, GG 12,141
My Conrm. Irplret Apr 21, 202]
Sonded lhrough Nntl0nil Not.ry Assn
10.B.1
Packet Pg. 261 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
BEFORE THE COLLIER COUNry CONSTRUCTION LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
Roberto M. Torres,
D/B/A Premier Paver, lnc.,
Respondent.
ADMINISTRA TIVE COMPLAINT
M Torres is currently licensed by Collier County
Paving Blocks Contractor with issuance numbera
Collier County (County) files the Adminiskative Complaint against Roberto M. Torres
(Respondent), a collier county licensed contractor with license 1CC20160000367. The
following facts and allegations are stated in support of the cited violations:
1. The Respondent, Roberto
Contractor's Licensing as
201600000170.
2. The Respondent, Roberto M. Torres is the Collier County license holder of record for
the company Premier Pavers, lnc., (Q) 20'160000134.
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 December 04,2019, the Collier County Licensing Department received a
complaint from homeowner, Steven T. Merkel, regarding work performed at his
residence at 148 Johnnycake Drive, Naples, FL 341 10.
6. Upon investigation, it was discovered that on May 22,2019, a subject by the name of
Andres Zapata representing Unlimited Paver Supplies, lnc., signed a contract with
homeowner Steven T. Merkel to perform the following work at the subject residence:
remove concrete driveway, supply and install a 15" conugated plastic culvert pipe'
supply and install a 4' DOT base rock on driveway, supply screenings 131 paver set
Case No: 2020-1
lssuance No.: 201600000170,
10.B.1
Packet Pg. 262 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
sand, supply and install 60 mm pavers, and clean and seal pavers The contracted
amount was for $$9,200.00. A total of $8,761.00 was paid to Unlimited Paver
Supplies, lnc.
7. A CityView review revealed that Unlimited Paver Supplies, lnc. is an unlicensed
company that has been issued citations on three separate occasions for conducting
business in Collier County by contracting to do paver block installations.
8. A review of records revealed that Roberto M. Torres, Premier Pavers, lnc., applied for
a Right-of-Way permit regarding the above-mentioned work and the permit was issued
on 07-19-2019. Roberto M. Torres, Premier Pavers, lnc., signed and notarized the
permit application agreeing that he was retained by the owner/permittee to provide
contracting services for the trade for whlch he was listed. However, the work was
performed by Unlimited Paver Supplies, lnc.
g. During the investigation Roberto M. Torres, Premier Pavers, lnc. advised that he had
no such contract with the homeowner, steven T. Merkel for the scope of work and did
not receive any payments. Roberto M. Torres recognized, that he was pulling building
permits for Unlimited Paver Supply lnc. and was not sure of the reasons for the failed
inspections.
'10.The homeowner, Mr Merkel, has paid a total of $8,761.00 for final payment to
Unlimited Paver Supplies, lnc., for the unfished work with failed inspections.
11.Based on the investigation, and pursuant to collier county Municode sec.22-202
(aX2) and (b), the Contract Licensing Supervisor has determined the complaint was
investigated and sufficient cause exist to warrants the filling of formal charges.
12. A Notice of Hearing was issued to Respondent Roberto M. Torres on December'16,
2019 at Growth Management Division, Contractor Licensing, 2800 N. Horseshoe Dr.,
Naples, FL 34104 and signed by him.
13. The County brings the following Count(s) in this Administrative Complaint against the
Respondent:
COUNT I
A. Roberto M. Torres knowingly violated Collier County Code by obtaining a building
permit on behalf of an unlicensed company that contracted and obtained payment to
do work without a licensed.
B. Roberto M. Torres is the holder of license for Paving Blocks Contractor
(201600000170). Roberto M. Torres is in violation Collier County Municode Sec.22-
201(1), by knowingly combining or conspiring with an unlicensed contractor by
allowing one's Certificate of Competency to be used by an unlicensed contractor
10.B.1
Packet Pg. 263 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
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.
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 Respondent guilty of the
violation(s) charged.
Dated
)r Signed:
Collier County Contractor
Licensing Supervisor
10.B.1
Packet Pg. 264 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Contractors' Licensing Board Case # 2O2O -7
Roberto M. Torres -DlBlA Premier Pavers lnc.,
Table of Contents
Exhibit 1
Notice of Hearing served on L2ltGl2Ot9 (Personal Service)
Exhibit 2-3
Case Detail Report-CEM 1S20190014369
Exhibit 4-5
Preliminary Complaint from Mr. Steven T. Merkel
Exhibit 5-7
Contract between Mr. Steven T. Merkel and Unlimited Paver Supplies, lnc'
Exhibit 8-9
Copies of cancelled check and credit card payment
Exhibit 10-18
Collier County Right-of-Way Permit #PRRROW2019052751101
Exhibit 19
Collier County License Detail-Certificate of Competency Roberto M. Torres, Premier Pavers, lnc.
Exhibit 20-21
Unlicensed Case against Unlimited Paver Supplies, lnc. Case #cEUL20l900t5t72
Exhibit 22-23
Unlimited Paver Supplies, lnc. Company Documents
Exhibit 24-25
Violation-section 22-2Ol (ll- Misconduct/Collier County
Exhibit 25-31
Photographs of work
10.B.1
Packet Pg. 265 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
c,R'fu- cor,wt t3,
Growth l\Ianagement Division
Planning & Regulation
Operations Department
Licensing Section
December 16, 2019
Roberto M. Torres
d/b/a - Premier Pavers Inc.
707 SW 13th Terrace
Cape Coral, FL 33991
RE: Case # CEUL20190014369 - 148 Johnnycake Drive
Dear Mr. Torres,
A complaint has been filed against you by the above referenced entity. A hearing of this complaint will be
held by the Contractors' Licensing Board on Wednesday January 15th,2020 at 9:00 AM in the Board of
County Commissioner's Room, Third Floor, Adminishation 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 ofthe
Contractors' Licensing Board one week prior to the hearing. Ifyou wish to receive a copy ofthis packet,
please notifu 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 of Section(s) 22-201, (1), the
range ofdisciplinary sanctions which may be imposed are from (l) Revocation, (2) Suspension, and
(3) Denial ofthe issuance or renewal ofa Collier County licenses #201600000170 (Paving Blocks
Contr.); (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 requilement; 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.
Sincerely,
Ruben Martinez
Licensing Compliance Officer,
2800 North Horseshoe Drive
Naples, FL 34104
(239) 2s2-2297
Hand Delivered To:Ourr, /<Lil?
6rowth Management Division+Planning & Regulation'2800 North Horseshoe Drive*Naples, tloride 34704*239-252-2400*www.colliergov. net
N*L; t t
10.B.1
Packet Pg. 266 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
-9ft*x:gDate: 1230/2019 8:10:02 AM CaseNumber: cemis20190014369
cEMts20190014359
Case Type Misconduct
Priority:Normal
Collier County
Contractor was hired to replace existing concrete driveway with pavers and changing culvert
pipe to 15 inch corrugated plastic.
bontractor has failed to follow County procedures and conditions in completing this job' The
contractor informed me that all permits were closed and the job was comPleted with the
exception of the concrete mitered ends. I later found out on the county website that this
information was not true as I viewed several failure notices from the county inspector. Now the
contractor is unreachable and my job is incomplete.
Location Comments Permit#PRROW2o1 9062751 1 0'l
Contractors: Unlimited Paver Supplies & Premier Pavers lnc
Roberto Torres/Andres Zapata
707 SE 13th Terrace, Cape Coral, FL33991
Tel.239{95-5726
Status Preliminary Review
12141201910:51:57 AM
Entered By:WebAnonymousUser
Case Disposition Case Pending
Address 148 Johnnycake DR, Naples
Property 82s33960004
Complainant STEVEN T MERKEL
Property Owner MERKEL, STEVEN T
Business ftilanagement & Budget Office a"kb;.t >_
Report Title:Code Case Details
Case Number:
lnspector:RubenMartinez
Jurisdiction:
Origin:Public Portal
Detail Description:
Date & Time Enlered:
1
10.B.1
Packet Pg. 267 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Code Case Details Executlon Date 1213012019 8:10:02 AM
Desc Assigned Requ lred Completed Outcome Comments
CE Staff Review DanaRarey 12t6t2419 12t6t2019 Complete Scan and attach Preljmiary Complaint Form
for C8M1S20190014369
Cont. lnvestigation RubenMartine
z
12t11t2019 Complete On 12-09-2019, responded to 148
Johnnycake Dr., Naples FL 34110 and made
contact with homeowner Steven T. Markel.
N4r. Markel advised that he entered into a
contract with Unlimited Paver Supplies, lnc. to
replace his concrete driveway and paid him in
full for the work to later find out that the permit
was still opened with failed inspections. Mr.
Markel advised that he has attempted to
reach Andres Zapata from Unlimited Paver
Supplies, lnc. with negative results. He later
discovered that the company had gone under
and their status dissolved with the Florida
Department of State. lrr. Markel advised that
he later leamed that the building permit for
the work was applied and obtained by
Roberto Torres, Premier Pavers, lnc. Both
payments totaling $8,761.00 were made to
Unlimited Paver Supplies and not to Premier
Pavers, lnc. Took photographs of the
driveway. Wll schedule a meeting with
Roberto Tones, Premier Pavers, lnc. RM
Preliminary lnvestigation RubenMartine
z
12t10t2019 12t11t2019 Needs
lnvestigatjo
n
On 12-06-2019, received a preliminary
complaint from Director Michael Ossorio of a
licensed contractor obtaining a building permit
for an unlicensed contractor to replace
existing concrete driveway with pavers and
changing culvert pipe.
Cont. lnvestigation RubenMartine
z
12t1612019 12t16t2419 Complete On 12-16-2019, metwith Roberto Torres,
Premier Pavers, lnc. at GMD and issued him
a CLB Hearing Notice for this case. Explained
to him the charge of miscrnduct under
Section 22-201 for using his Collier County
License to obtain a building permit for the
unlicensed company, Unlimited Paver
Supplies, lnc. l\4r. Torres was unfamiliar with
the amount ofwork done at the property, the
reasons for the failed inspections, and the fact
that Unlimited Paver Supplies, lnc. were paid
in full for the unfinished work. Made telephone
contacl with homeowner l,Ir. Steven T. Merkel
and advised him of the hearing notice. RlVl
Cont. lnvestigation RubenMartine
z
12t17t2019 12t18t2019 Complete Made telephone contact with Mr. Steven T.
Merkel and referred him to file a police
complaint against Unlimited Paver Supplies,
lnc. with the collier county Sheritf Dept. and
to let them know to refer the case to oet.
Montgomery for follow up investigation. RM
Cont. lnvestigation RubenMartine
z
12t27t2019 12t27 t2019 Complete Uploaded letter dated 12-23-20'19 sent to
Collier County Sheriff Detective l\4ontgomery
in regards to previous unlicensed cases
against Unlimited Paver Supplies, lnc.
Business Management & Budget Office eLKLil 7
12t9t2019
2
10.B.1
Packet Pg. 268 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Home Phone:30 S- soJ - 1?S 6 Business Phone:
Ca s,= # Calnrsao tqool $6q
AwtW
sv,rrc: FL zip:3Vllo
431-262 - 6577
Grcn vth Managem ent DePartment
Operations & Regulatory Management Division
PRELIMINARY CO MPLAINT FORM
Complainant's Nam ",$uverTMeTzrtc Date: /Z-.1-)ot 1
Address: ll/g Ah""u,k D".City:
COMPLAINT INFORMATION:
Company Name:P.cn;c" Paw,..s, Jnc.License Number: Lccao I 6oooo 367
Contractor or Person in Charge: (lf known)R"ln'/o Tor"ndrr" Zo
Address: 7O7 S€ 13 +A C"-e A.-l FL 3 q 1t
a3q-g?S- STaG Dateofcontract:sla t/aorl
COMPLAINT DETAILS: (Attach additional sheets as necessary)
Pe.ni]4 PRno waol o 6e7silo/
o11 +""h ' h)41 t,VL.8
nd k /5,'4<s
6.,
o11
'tJnl
h Jq.a//n, c/o*Jon/*A-2"1 u<1
Oo *,Lk bv orilntJc."oo/. Cn/t . Zla 'acrc n oltvt
0n w+ltl" lA *J. A..y'v fi u,.r rtt Jrtc.
Include copies ofall appropriate documents: Contracts, checks, 1iens, permits, etc "
Signature:
q€rdims & Regidory ivlarqem€d $ybin . Am Nch Hase*roe Ddve . N4les, Hdla 34104 ' 89252:2400 . $,vv{.mlergovnd
al,L,k f
Phone:
)
10.B.1
Packet Pg. 269 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
\,uLP'dur - v(,
Code Enforcement - Submitted
Case Number: CEM15201900 14369
Thank You! Your complaint has been received.
- - complaint Information
Compla'nt Type;
Description:
Locality of the Complaint:
Locations
Misconduct
Contractor was hired to replace existing concrete driveway with Pavers
and changing culvert pipe to 15 inch corrugated plastic
Contractor has failed to follow County procedures and conditions in
completing this job. The contractor informed me that all permits were
closed and the job was completed $,ith the exception of the concrete
mitered ends. I later found out on the county website that this
information was not true as I viewed several failure notices from the
county inspector. Now the contractor is unreachable and my job is
incomplete.
Permit # PRROW2019062751101
Contractors: Unlimited Paver Supplies & Premier Pavers Inc
Roberto TorreslAndres zapata
707 SE 13th Terrace, Cape Coral, FL 33991
Tel. 239-895-5726
Address
148 lohnnycake DR, Naples
Property
82533960004
Complainant: STEVEN T MERKEL, Address:148 IOHNNYCAKE DRIVE
please print this page or record the case number for future reference. You will need it in order to view the status of your
complaint online.
Please select a link below to access the Cityview Portal
Sta rt a ne\,v comolaitrE
View the status of mY complai0t
Portal Home
l of 2
eil;l;t ,,
CollierCountl'
- TLORIDA -'GMD
12/412019,11:04 AIV
10.B.1
Packet Pg. 270 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
iNVOiCE
Unlimited paver supplies, lnc.
11125e gth Lane UnitA
Cape Coral, Florida 33990
Phone: (239) 673-6818
Email: marketing@unlimitedpaversupplies.com
Fax: (239) 673-6804
Web: unlimitedpaversupplies.com
Description
Payment Terms
lnvoice #
Date
Steve Merkel
148 Johnny Cake Dr
Naples, Fo 34120
(30s) 302-9976
1 Days
000766
05/22/2019
Total
county permit
Collier county permit fee
Concrete Removal (with Equipment)
To remove existing concrete driveway and 2 walkways and prep for
pavers
Culvert pipe Supply And lnstall
Supply and install culvert pipe. 'l5" corrugated plastic
No miner ends to be install by premier pavers
Base rock load
Supply & install 4' DOT base rock in DW
Paver set sand load
Supply screenings 131 paver set sand
gem 60 mm pavers white cement
SUPPLY 60 MM PAVERS ANY SHAPE OR COLOR
paver installation (labor)
1.0 $225.00 $22s.00
1500.0 $1.00 $1,500.00
40.0 $30.00 $1,200.00
1.5 $400.00 $600.00
1.0 $440.00 $440.00
1500.0 $1 .89 $2,835.00
1500.0 $1 .60 $2,400.00
Clean and seal all new pavers in property '1.0 $0.00
Subtotal $9,200.00
Page 1 of2
Total
ack$'t 6
$9,200.00
Quantity Rate
$0.00
10.B.1
Packet Pg. 271 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Payments Summary
05121/2019 - Credit Card $4,600.00
Paid Total $4,500.00
RemainingAmount $4,600.00
payment Terms & Conditions, all payments make with any type of credit card will be subject to 3.5% Service Fee.
There is no Fee for cash or check payments
J q//-{
Steve Merkel
PaEe 2 ol2
alL{r T
10.B.1
Packet Pg. 272 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Transaction Details
Prepared for
Steven T lvlerkel
Account Number
xxxx-xxxxxx-88007
Page 1 ot 1
Green Card / May 21, 2019 to May 21, 2019
Search results for "unlimited pave/'
&
AmountDate
$4,761 00- CAPE CORAL, FL21 2419
Dolng Business As: UNLIMITED PAVER SUPPLIES
1112 SE gTH LN UNIT A CAPE CORAL FL 33990.3090 UNITED STATES
Addltlonal lnformatlon: 239-673-681 8
Reference: 3201 9141 0574985460
Business Services
SUiIMARY
Payments
Pay ln Full Charges
Pay Over ]]me Charges
Cred its
Total
$o.oo
$4,761.00
$0.00
$0.00
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Packet Pg. 273 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
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-$4,000.00 Aug19,2019
Post date
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10.B.1
Packet Pg. 274 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Right-of-Way Application
GROVT/I}I MAMGEI'ENI DMSION
RO/\' PERTflTTT'{O T INSPECTION
2EOO }'ORIH HORS€SHOE ORNE I{APIES, FLORIDA 34104
RO$r Scdon Tebphoi. t{w6or 262-5ltl lo$rcdqr T6$f}o&.* 252-3726
(For Coubry lupcdon, ca[ 2523,26, Opdoa 2, md le\r6 a mosars. brih.lnsrsceo
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PROJECT NAME
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COMMERCIAL SMALL DB/ELOPUENT LARGE DEVELOPIIENT
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10.B.1
Packet Pg. 275 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
QUAIITIERS
AClilomEpGEIlSlT oF COlLEIi cou}{IY RECUIATIpqS
App[cadoa ts hercby mads 6 obtal@as hdcdd I ar{ry $Br no rro.t or lrEhld,m has
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E mail Ad&ess:Tcl:
-
NOTICE
IN ADEITION TO TIiE REQUIRE!'ENTS OF THIS FEBUIT' IIIERE
THAT MAY BE FOUNO IN THE PUBUC RECORDS OF IHIS CO{,NTY,
GOVERN!{EITAL E ITIES ST'CH A' WATER IIANAGEUEXT flAIRI
WARNING OF POSSIBLE DEED RESTR'CNONS
THE t'J{D SUBJECT TO THIS PERXIT UAY BE SI,BIECT TO DEED, A'{D OIHER RESIRICIIO}IS THAT UAY LII.T OR IXPAR I}IE
I..AI,IOOIITNEtrS RtGH'tlS. CALLIER COI,NTT IS TOT RESPOIISI T .FOR
TI{E ENFORCEUEXT OF IHE8E RESTIISIIONS' NOR IRE
COI"IJER COIJIITY E PLOYEES AI'IHORUED ID PRONDE LEOIL OR BI.ISIIIIESS, ADVTCE fO IHE PUBIJC REIIIIVE TO THESE
RESTRICTIOIiIS. THE L.ANDOWT{ER OR A}IY TPPUC'I{T ACNTG ON BEHTLF OF THE L.IIIDOWNER Is CAI'IIOIED ]O SEEK PROIESSIOI{.AL
ADVICE
WARN'NG ON WOBK IN COUNTY RIGHT-OF.WAYS
THIS PERT'IT OOES NOI AI'I}IOREE @{ISIRUCTIOT,I OR IN TAJ-A'TON OF AIIY STRI',CTURE OR (MUTY, ABOVE OR BEL(IIV GROUN4
WIIII]N A'Y RIGHT. OFUYAY OR EAflENT RESERYEO FOR.ACoESS, DRANAOE OR UNUTY PURPOSES TH'S RESIRICIION SPBCIFCILLY
pRolIBrs FENcu{6, spRtNxI.eR sysreiis, LAIoccAPIxo orfleri ru.ar, soD, $G[s' wA'IER. 95!5ry, q4*! ltrD oRAII{AEE woRi(
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I{AY BE ADUIIOT'IAL REST dTOIS IPPUCABLE TO N S FROPERTT
AND IIIERE I{AY BE ADDITIOI{AL PER'.ITS REQUIRE FROU OIHER
gI, ATATE AGENCIES, OR FEDERAL AGEIICIES.
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'r-'-13-' lslqSWORN TO (OR NSEIRMD) AND STJBSCRIBED BEBORB ME TIIIS 1v'
WEO IS PERSONI{IIYtrO{OWN;- ORAS TRIIDUCED ID: /-
STATE LdCENSA(:
Lol- couNTro&
,er\
NOTARY PI.'BIJC
STATE OF:
COMPANY NA!{BI
QUAIJFIER'S NAMB
QUArJrrm,'s s16r.It
ARNING TO OWNER: YOUR FATLURE TO RECORD A NOTICE OF
OMMENCEMENT IfiAY RESULT IN YOUR PAYING TWICE FOR
MPROVEMENTS TO YOUR PROPERW. IF YOU INTEND TO OBTAIN
INANCING, CONSULT WTH YOUR LENDER OR AN ATTORNEY
CEMF COMMFOREECORDIGR
Al)y Dlhrr m4,)rtudi.!t?rrbd ca?yuih $. bnqartt rfy.a-tSb+ //
Nob: If change of cor&actorr ploase Prcvlde the followlng:
PcrmitNrmber:
t
TYPB OI ID:
10.B.1
Packet Pg. 276 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
POOL{
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320
Collier County Property Appraiser
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10.B.1
Packet Pg. 277 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
J',tne2'7,2019
Premier Pavers Inc
RE:
Permit Number: PRROW20 1 906275 1 t
Description: re place'existing concrete driveway with pavers and changing culvert pipe to
" 1 5" com.rgated plastic
1, Application Form - THE CONTRACTOR'S L/CENSE lS INACTIVE' WE
HAVE PASSED YOUR INFORMATION TO THE CONTRACTORS
L/CENS/NG SECI/ON FOR RESOLUTION AND THEY SHOULD BE IN
CONTACT WITH YOU TO INFORM YOU WHAT IS NECESSARY TO
IJPDATE THE LICENSE. ONCE THESIATUS OF THE LICENSE IS
ACTIVE AGAIN, PLEASE CONTACT US DIRECTLY SO THAT WE MAY
CONTINUE TO PROCESS YOUR PERMIT
If you have any questions regarding the above comments, please contact me via e-Mail:
Angel.Morej on@colliercountyfl . gov'
Angel Morejon
&'l'vtb:t tl
148 Johnnycake DR
A sufficiency review ofthe submittal package for the above referenced application
indicates the following items are deficient. These items will need to be submitted as soon
as possible so that we may continue to process your application:
COLLIER COUNTY GOVERN M ENT
GROWTH MANAGEMENT DEPARTMENT I BUSINESS CENTER
28OO N. Horseshoe Drive, NaPles FL 34104 | Phone (239) 252-2332
Incomplete Initial Submittal Notice
For electronic submissions, outstanding documents can be submitted online. You will
need to click on the "submittals" button near the bottom of the page to upload to each
submittal requirement. Your application can be accessed here:
h ttr. ll cv p o rt a l. c o I I I e ro ov. n eU C i tvv i ewweb
10.B.1
Packet Pg. 278 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / overage:
Contact:
FEE DETAILS:
Fee Description
Renewal Specialty License
cashier Name:
Batch Number:
Entered By:
Pavment Method
Credit Card
$125.00
$0.00
PREMIER PAVERS INC
707 SW 13TH TER
CAPE CORAL, FL 33991
Reference Number
lCC20160000367
RichardKoenigsknecht
8620
ColleenNelson
Amount Paid
$12s.00
Check Number
15295349-C1409
L670
oriqinal
Fee
$12s.00
ArEs.ud@
$ 125,00
GL Account
113-138900-321211
aj;h; t t?
20t9666020
20L9-OA9294
0912712019
$12s.00
10.B.1
Packet Pg. 279 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Date Approved: July'19, 2019
SDP/AFYPSP Number N/A
Project Name: 20' paver dw 15" HDPE Culvert
Project Address: 148 Johnnycake Dr
Subdivision: 719200
Folio No: 82533960004
Property Owner/Applicant:
MERKEL, STEVEN
148 JOHNNYCAKE DR
NAPLES, FL 34110
Telephone Number:239.895.5726
C-ottt*y
Grorv{h Managefi}eflt Departmert
Ris hrof-way Permit Num ber: P RROW2O 1 I 0627 51 1 01
Bu ilding Permit Number: N/A
Lot: 100
Seclion:24
Block:
Township: 48
Unitl
Range:25
Tract
Type of Construction: ROW Residential
Detail: replace existing concrete driveway with pavers and changing culvert pipe to "15" conugated plastic
148 Johnnycake DR
THIS PERMIT IS VALID FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ISSUANCE,
Please refer to Collier County Portal for issuance and expiration dates.
Contractor:
PREMIER PAVERS INC
707 SW 13TH TER
CAPE CORAL, FL 33991
Telephone Number: (239) 895-5726
ENIAIL:PREMIERPAVERSI 5@GMAILCOM
Work shall be performed in accordance with app roved plan, Conditions of lf the application is made by any person or flrm other than the owne.of
rmit appearing on reverse side, stipulations specifred as part of this permit and he property involved, a written consent from the property owner shall be
n accordance with Collier County Ordinance # 0+19 and the "Public required prior to processing ofthe applic€tion
ht-of-Way Construction Standards Handbook," latest edition
Transportation Services Division approvaldoes not exempt the permittee
m gaining approval from any State, Federal or LocalAgencies havingApplicant declares that prior to filing this application he has ascertained the
ocation ol all existing utilities, both aerial and underground. Any changes to any urisdiction over the proposed work.
lity shall be the responsibility ofthe Permittee for all cost.
lf right-oI-way permit is issued in coniundion with a building permit, the
. This permit is contingent upon Permittee obtaining necessary rights of
ntry lor construction and maintenance where required right-of-tr,/ay for
ht-of-wa rmit ex res u on co letion of the buildin ublic use has not been dedicated and acce Collier Cou
Disclaimer: lssuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit
fom a state or federal agency and does not create any liability on the part of the county for issuance of the permit it the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state
or lederal law.
SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS
'@&u;.t- i5
APPROVED BY: ARH
Condition: Any and all maintenance and liability issues including cost regarding the placement of brick pavers in Collier County Right'of'Way
shall be the full responsibility of the Permittee.
Condition: All other applicable state or federal permits must be obhined before commencement ofthe development.
Condition: The culvert pipe shall maintain 1 ft of cover material between the top of pipe and the surface of the driveway.
Condition: The elevation difterence b€{vreen the garage and the skeet shall be utilized to ensure that 'l ft of cover (referenced above) shall be
maintained.
Please call 239-252-3726 to schedule required 830 inspection FIRST then subsequent inspections
listed below.
10.B.1
Packet Pg. 280 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
ermit Appllcahon status - ultyvlew Pofial IlLlps.//(.jvfrur tdr.t urrrElru'Itry rr.5uv/vry
GMD
Permit Application Status
In order to schedule inspections, you need to be signed in.
_ ' summary
Application Number:
Application TyPe:
Application Status:
Property Owner's Full Name:
Category of Work:
occupancy code:
DescriPtion of Work:
PRROW20190627511
Right Of Way
Inspections Commenced
MERKEL, STEVEN T
New Construction
Residential, One and Two Family New or Guest House
replace existing concrete driveway with pavers and changing culvert
pipe to "15" corrugated Plastic
Application Date;
Issued Date:
Expiration Date;
1-2 Family or Comm:
148 Johnnycake DR
06/261201,9
07l19/2019
tll tslzozo
1-2 Family
) Locations
- - Contacts
- - Permits (Click to See Reviews)
MERKEL, STEVEN T, Address:148 IOHNNYCAKE DR
Premier Pavers Inc, Address:707 SW 13th Terrace
TORRES, ROBERTO M., Address:707 SE 13TH TERRACE, Phone:(239)
895-5726, Licensee # LCC20 1600001 34
Llcense Status
PREMIER PAVERS INC, Address:707 SW 13TH TER, Phone:(239)
A95-57 26, Licensee # 1CC20160000367
License Status
ROW Residential
lnspections Commenced
Contractor:
- Permit Numberi PRRoW2O19062751101
Permit Type:
Permit Status:
I Fees
I of3
' Deposits & Bonds
aslt.-r iO
121412019,l0:45 AV
Collier Courrtr'
-
tLo DA -
Property Owneri
Applicant:
Quaiifier:
10.B.1
Packet Pg. 281 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
'ermtt ApPltcallon blatus - ulryvrew roftal llrps.//uvPUr tar.LUrrrErr,uu''r) u.5uv/ vrLJ
- ? Inspections
425 - ttOW Courtesy Inspection
Inspector:
Corrections:
Failed - Buildinq 10/10/2019 1O/10/2019 10/ 10/2019
Shane Dodd Send Email
Correction 1:
Status:
Date Status Changed:
Comments:
Inspector Notes
Carried Forward
70/10/2019
Inspector Notes: Pipe completely blocked
r,/vith sand. Must be cleaned for inspection
Correction 2 i
Status:
Date Status Changed:
Comments:
Inspector Notes
Carried Forward
lOlro/2079
Inspector Notes: pipe still filled wlth
sand. l,lust clean prior to calling
inspection or you \/ill incur additional
fees,
Correction 3;
Status;
Date Status Chanqed:
Comments:
Inspector Notes
Carried Forward
1O/10/2019
Inspector Notes:
Need to clean culvert and correct erosion
Correction 4;
Status:
Date Status Changed:
Comments:
Inspector Notes
Carried Forward
70l10l2ot9
Inspector Notes;
1. Culvert stlll has dirt inside.
2, Not enouqh cover over pipe. Must have
one foot,
3, No forms at mitered ends.
4, Elevations are acceptable,
825 - ROW Courtesy Inspection
Inspector:
Corrections:
Benjamin Hughes ((239\ 292-4228) Send Email
Failed - Building 8/2912019 B/29/20t9 081 29/2019
Correction 1:
Status:
Date Status Changed;
Comments:
lnspector Notes
Carried For,{ard
08/29/2019
Inspector Notes: Pipe completely blocked
with sand. Must be cleaned for inspection
Correction 2:
Status:
Date Status Changed:
Comments:
lnspector Notes
Carried Forward
08/29120t9
Inspector Notes: pipe still filled with
sand, Must clean prior to calling
inspection or you will incur additional
fees.
Inspector Notes
Carried Forward
0a12912019
2of3
Correctaon 3:
Status:
Date Statlls Chanoed:
Ahl"rk t1 121412019,l0:45 AV
Outcome Requested Schedsled Date
10.B.1
Packet Pg. 282 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
'srxllr /tPprcauox JraLus - r-ll) Yltsw rollal x!rp..//! v PUr lor.!w,rrurvuuxLl r!.6uv/ urrJ
- - Conditions
Any and all
Maintenance and
Liability Issues
Open Development
Review
Any and all maintenance and
liability issues including cost
regarding the placement of brick
pavers in Collier County Right-of-
Way shall be the full
responsibility of the Permittee
Miscellaneous
Conditions
M iscellaneous
Conditions
Open
Open
Condition Typei Stipulation
Condition Type: Stipulation
Development
Review
The culvert pipe shall maintain 1
ft of cover material between the
top of pipe and the surface of the
driveway,
Condition Type: Stipulation
All other applicable state or
federal permits must be obtained
before commencement of the
development.
Development
Review
Miscellaneous
Conditions
Open Development
Review
The elevation difference between
the garage and the street shall be
utilized to ensure that 1 ft of
cover (referenced above) shall be
maintained.
ConditionType: Stipulation
) Documents & Images
3 of3
R L:li r 18
l2l4D0l9,l0:45 AM
Condition Status Department Description Categoty Explration
Date
Dur
Oal
I
I
10.B.1
Packet Pg. 283 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
COLLIER COUNry
CERTIFICATE OF COMPETENCY
CERTIFICATION INFORMATION
1CC20160000367 Certification lnformation
Collier County Board of County Commissioners
DBA:
ADDRESS:
LICENSEE NBR:
1CC20160000367
INSURANCE:
General Liability
June 30, 2020
PREMIER PAVERS INC
707 SW 13TH TER
CAPE CORAL, FL 33991
PHONE: 2398955726
CELL:
FAX:
QUALIFIER:
ryPE:
TORRES, ROBERTO M,
PAVING BLOCKS
Date: September 27, 2019
EXPIRATION:
September 30, 2020
CLASS CODE: 4290
ISSUANCENBR: 201600000170
ORIG ISSD:
October 18, 2016
Worke/s Comp Exemption
June 22,2021
NOTE: lt is the Qualifier's responsibility to keep all business, licensing and requirements current
and to provide up to date copies for Collier counfo files. This includes all insurance certificates
and any change of address information.
Colller County 'r city of l'larco . Clty of NapLes
contractor Licensing
PAVING BIOCrc
Cert Nb.: Exp:
LCC20!60oOO367 A9130/2020
PREMIER PAVERS INC
TORRES, ROBERTO M.
707 5|/l 13TH TER
CAPE CORAL, FL 33991
signed:
St.tus:
Active
aaa;u,{- rt
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Packet Pg. 284 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
fu Report Ti,e:code case Detaits
CaseNumber: CEUL201900'15172
Status Closed
1213012019 2:09:33 PM
Entered By:RubenMartinez
Case Disposition Referral
cEUL201900'15172Case Number:
UnlicensedCase Type
Priority Normal
lnspector:RubenMartinez
collier CountyJurisdiction:
Public PortalOrigin:
Detail Description
Location Comments 148 Johnnycake drive, Naples FL 34110
Folio: 82533960004
82s33960004Property
Business Owner
Contractor Unlimited Paver Supplies lnc
Business Management & Budget Office
Br\:q;t C,
Date: 1213'112019 8:06:40 AM
Unlicensed Paving Contracting by lnlimited Paver Supplies, lnc.
Date & Time Entered:
Desousa, Manuel
I
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Packet Pg. 285 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Code Case Details Execution Dale 1213112019 8:06:40 ANI
Desc Asslgned Req uired Completed Outcome Comments
Preliminary lnvestigation Rubenlvlartine
z
1213At2019 12t30t2019 Needs
lnvestigatjo
n
Received a preliminary complaint from
Director l\4ichael Ossorio of unlicensed
contractor contracting work to replace existing
concrete driveway with pavers and changing
culvert pipe.
lnvestigation RubenMartine
z
12t30t2019 12t30t2019 Settled Case closed referred to the Collier County
Sheriff Dept. for investigation since Unlimited
Paver Supplies, lnc. has already been issued
two citations in the past for contracting work
without a license.
Cont. lnvestigation RubenMartine
z
12t30t2019 12130t2019 Complete On 12-09-2019, responded to 148
Johnnycake Dr., Naples FL 34110 and made
contact with homeowner Steven T. Markel.
Mr. Markel. advised that he entered into a
contract with Unlimited Paver Supplies, lnc. to
replace his concrete driveway and paid him in
full for the work to later find out that the permit
was still open and had failed inspections. Mr.
Markel advlsed that he has attempted to
reach Andres zapata from Unlimited Paver
Supplies, lnc. with negative results. He later
discovered that the company had gone under
and their status dissolved with the Florida
Oepartment of State. Mr. Markel advised that
he later learned that the building permit for
the work was filed by Roberto Torres, Premier
Pavers, lnc. Both payments totaling $8,761.00
were made to Unlimited Payer Supplies and
not to Premier Pavers, lnc. Refer to case #
CEUL201 90014369 against Roberto M.
Torres, Premier Pavers, lnc. for aiding and
abetting Premier Paver Supplies, lnc. This
case has been referred to the Collier County
Sheriff Dept. for investigation since Unlimited
Paver Supplies, lnc. has already been issued
two citations in the past fofcontracting work
without a license.
Enter Settlement Details RubenMartine
z
12t30t2019 12130t2019 Complete case closed referred to the Collier County
Sheriff Dept. for investigation since Unlimited
Paver Supplies, lnc. has already been issued
two citations in the past for contracting work
without a license.
Generate Closure Documentation RubenMartine
z
12t30t2019 12t30t2019 Complete Case closed referred to the Collier County
Sheriff Dept. for investigation since Unlimited
Paver Supplies, lnc. has already been issued
two citations in the past for contracting work
without a license.
Violation Description Status Entered Corrected Amount Comments
Open 12t3012019 $0
Business Management & Budget Office
Allh.f e
2
Unlicensed Paving Block
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Packet Pg. 286 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Detail by Entity Name
Fbnda Deoarlmenr qf Srate
Detail by Entity Name
Florida Profit Corporation
UNLIMITEO PAVER SUPPLIES INC
Filino lntormation
Document Number P14000010187
FEUEIN Number 46-4899'154
Date Filed 0113112014
State FL
Status INACTIVE
Last Event VOLUNTARY DISSOLUTION
Event Date Filed 1111412019
Event Effective Date 1111412019
Principal Addross
1112 SE gth Lane
UNIT A
Cape Coral, FL 33990
Changed: 03112.12019
Mailinq Addross
1112 se gth lane
Unit A
Cape Coral, FL 33990
Changed: 03/21l2016
Reqlsterod Aoont Name & Addr€ss
DeSousa, Manuel
911 SE '1st Place
Cape Coral, FL 33990
Name Changed: 05/022015
Address Changed: 05/021201 5
Offi cer/Olr€ctor Dgtall
Name & Address
Title President
Desousa, Manuel
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.fr i$.otg C oac ojur.I'l oi rs
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Page 1 of2
DMsroN or CoRpoRAiroNs
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Packet Pg. 287 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
FOU RTH:Dissolution was approved by the shareholders. The number of votes cast for dissolution
was sufiicient for approval.
I submit this document and affirm that the facts stated herein are true. I am aware that any false information
;;ffiiti;i- i; i aocumJni to ine Department of State constitutes a third degree felony as provided for in section
817.155, Florida Statutes.
FILED
Nov 14.2019
Secretarybt State
ARTICLES OF DISSOLUTION
pursuant to section 607.1403, Florida Statutes, this Florida corporation submits the following Articles
of Dissolution:
FIRST:The name of the corporation as currently filed with the Florida Department of State:
UNLIMITED PAVER SUPPLIES INC
S ECON D: The document number of the corporation: Pl4000010187
TH IRD:The date dissolution was authorized: November 14,2019
Effective date of dissolution: November 14,2019
Signature: MANUEL DESOUSA PRESIDENT
Electronic Signature of Signing Officer, Director, lncorporator or Authorized Representat ive
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Packet Pg. 288 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
Sec.22-201 . - M isconduct-Collier County/city certificate of competency'
The following actions by a holder of a collier county/city certificate of competenry shall
constitute misconduct and grounds for discipline pursuantto seclion 22-202:
(1) Knowingly combining or conspiring with an unlicensed contractor by allowing
one,s certificate of competenry to be used by an unlicensed contractor with
intent to evade the provisions of this ordinance. when a licensed contractor
acts as the qualiflTing agent for any firm without first making application
underthis 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
controlofsuchcompanies,suchactconstitutesprimafacieevidenceofan
intent to evade the provisions of this ordinance. Active participation requires
job site supervision, knowledge of and participation in the business
operations ofthe company(s), including all contractual matters'
a. lf any individual qualif,Ting any business organization ceases to be
affiliatedwithsuchbusinessorganization,heshallsoinformtheBoard.
In addition if such individual is the only certified individual affiliated with
the business organization, the business organization shall notiry 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 qualifiTing agent is employed'
(2) Contracting to do any work outside ofthe scope of his/her competenry as
listed on his/her competenry card and as defined in this Ordinance or as
restriced 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
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Packet Pg. 289 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
abandonment, unless the contractor is entitled to retain such
funds under the terms ofthe 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'sjob 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 faulry workmanship or promptly replace faulty
materials installed contrary to the provisions ofthe construction contract.
Faulty workmanship means work that is not commenced, not continued, or
not completed in accordance with all speciflcations of the applicable written
agreement. Faulty workmanship includes any material flaw(s) in the quality
and/or quantity ofthe unfinished or finished work product, including any
item that does not function properly as a part of the entire project. If 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
specifi cation directly related thereto.
(1 1) Failure to maintain at alltimes, 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
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Packet Pg. 290 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct Roberto M. Torres - Premier Pavers Inc.)
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Packet Pg. 296 Attachment: 2020_01_ROBERTO_M._TORRES_PREMIER_PAVER_INC. (11325 : 2020 - 01 - Misconduct
01/15/2020
COLLIER COUNTY
Contractor Licensing Board
Item Number: 11.1
Item Summary: Wednesday, February 19, 2020
Meeting Date: 01/15/2020
Prepared by:
Title: – Contractor Licensing Board
Name: Michelle Ramkissoon
01/08/2020 3:30 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/08/2020 3:30 PM
Approved By:
Review:
Contractor Licensing Board Michelle Ramkissoon Review Item Completed 01/08/2020 3:31 PM
Code Enforcement Michael Ossorio Review Item Completed 01/08/2020 4:54 PM
Contractor Licensing Board Everildo Ybaceta Meeting Pending 01/15/2020 9:00 AM
11.1
Packet Pg. 297