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CLB Agenda 02/19/2020COLLIER COUNTY Board of County Commissioners Contractor Licensing Board p AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 19, 2020 9:00 AM Matthew Nolton, Chair Terry Jerulle, Vice -Chair Kyle E. Lantz Robert P. Meister, III Patrick G. White Michael E. Boyd Richard E. Joslin, Jr. John P. Nuzzo 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 - January 15, 2020 5. PUBLIC COMMENTS 6. DISCUSSION 6.A. Senate Bill 1336 & House Bill 3 Preemption of Local Occupational Licensing 6.B. Florida Statutes 489.113 - Reasonable Investigative Cost 7. REPORTS 8. NEW BUSINESS 8.A. Orders of the Board 8.B. Michael J. Marchetti - Bonita Springs Plumbing & Gas - Reinstatement of Permit Pulling Privileges 8.C. Daniel Bingham - Dan the Gutterman - Reinstatement with Waiver of Exams 9. OLD BUSINESS 10. PUBLIC HEARINGS I.O.A. Case 2020 - 02 - Misconduct - Erol E. Santos -Juarez - Kingdom Electric LLC I.O.B. Case 2020 - 03 - Misconduct - Matthew M. Foster - Fosters Air Supplies & Technical Services INC 11. NEXT MEETING DATE II.A. Wednesday, March 18, 2020 Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. COLLIER COUNTY Contractor Licensing Board Item Number: 4.A Item Summary: Approval of Minutes - January 15, 2020 Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 9:18 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 9:18 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending 4.A 02/19/2020 Completed 02/11/2020 9:18 AM Completed 02/11/2020 4:47 PM Completed 02/12/2020 3:40 PM 02/19/2020 9:00 AM Packet Pg. 3 4.A.1 January 15, 2020 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD January 15, 2020 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," 31 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 Patrick G. White ALSO PRESENT: Michael Ossorio — Director, Code Enforcement Jonathan Walsh — Chief Building Official Kevin Noell, Esq. — Assistant Collier County Attorney Jed Schneck, Esq. — Attorney for the Contractors' Licensing Board Ruben Martinez — Contractors' Licensing Compliance Officer i Packet Pg. 4 4.A.1 January 15, 2020 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 9:03 AM and read the procedures to be followed to appeal a decision of the Board. Roll Call was taken; a quorum was established; six (6) voting members were present. 2. AGENDA- ADDITIONS, CHANGES, OR DELETIONS: (None) 3. APPROVAL OF AGENDA: Richard Joslin moved to approve the Agenda as presented. Patrick White offered a Second in support of the motion. Carried unanimously, 6 — 0. 4. APPROVAL OF MINUTES: DECEMBER 18, 2019 Michael Boyd moved to approve the Minutes of the December 18, 2019 Meeting as submitted. Vice Chairman Matthew Nolton offered a Second in support of the motion. Carried unanimously, 6— 0. 5. PUBLIC COMMENT: (None) 6. DISCUSSION: A. Election of Chairman and Vice Chairman — 2020 Term Chairman Lantz opened the floor to nominations. Chairman Lantz nominated Vice Chairman Matthew Nolton to serve as Chair for the 2020 Term. Patrick White offered a Second in support of the nomination. Mr. Nolton accepted the nomination. (9:05 AM—Terry Jerulle arrived. Quorum was increased to seven (7) voting members.) Patrick White nominated Terry Jerulle to serve as Vice Chairman for the 2020 Term. Chairman Lantz offered a Second in support of the nomination. Mr. Jerulle accepted the nomination. Motion carried, S — 0. Mr. Nolton and Mr. Jerulle abstained from voting. 2 Packet Pg. 5 4.A.1 January 15, 2020 Chairman Lantz closed the floor to nominations. B. Swimming Pool/Spa Servicing Repair Contractors' License Review Michael Ossorio, Director — Code Enforcement, stated the information packet provided to the Board members contained definitions of "Swimming pool/Spa Servicing Repair Contractor", approved Scope of Work, and copies of previous Declaratory Statements. He further stated he conferred with the Department of Business and Professional Regulations' ("DBPR") Administrator in Fort Myers. The conclusion reached: if a Swimming Pool/Spa Servicing Repair Contractor was working on new construction, he/she would be working outside the Scope of Work which limits work to existing pools only. He cited a Petition from Rodney Fischer, Pinellas County Licensing Office Supervisor, which confirmed that a Swimming Pool/Spa Servicing Contractor cannot make any modifications to concrete structure of a swimming pool. He also noted the Code has changed with respect to retro- fitting commercial pools to adhere to handicapped accessibility. Mr. Ossorio continued: I may send a letter to the Registered Swimming Pool/Spa Servicing Repair Contractors to notify them of the Declaratory Statement's Order in case they were under the impression that they could do work on new construction pools. He stated the Licensing Office will be looking for such issues in the future and will bring the Contractors into compliance. Patrick White: Roughly, how many of those type of contractors does Collier County have? Michael Ossorio: Registered? I would say probably less than one hundred. Some are certified so they can also work in Lee and Charlotte Counties. I can get that number for you if you'd like. Patrick White: It was more a question of the administrative burden to send the letters, but it seems to me to be worth the effort. Michael Ossorio: I will look at that. I couldn't tell you — one way or the other — my thought is to err on the side of caution. Most Swimming Pool/Spa Servicing Repair Contractors probably know they can't do new construction. There are a lot of categories for swimming pools which is an entirely other topic of conversation. The Swimming Pool/Spa Contractors Association is very active with the State's Construction Industry Licensing Board ("CILB"). There are a lot of licenses that you don't see every day unless you are a Swimming Pool Contractor like Mr. Joslin, but we can talk about that another day. Richard Joslin: I do have one other item though to maybe include on next month's Agenda — if possible — regarding a General Contractor pulling a pool permit. I know a GC can pull a pool permit but how far can he take that job ... other than structural? And when he pulls a permit, he gets an inspection card — does it list all the inspections necessary for the pool or does a licensed Pool Contractor have to pull a secondary permit to finish the job? Michael Ossorio: Under the Code, a General Contract's scope is unlimited except for subbing out specific work. A General Contractor can do a pool except for the finish work. How he does that: the General Contractor will pull a pool permit and list his subs ... electricians, plumbers, etc.... and we would require a sub list through Packet Pg. 6 4.A.1 January 15, 2020 a "Page Two" identifying who is doing the finish work. For example, if "Mike's Construction CGU (Certified General Contractor) is building a pool, he would sign off on Page Two that "Sunrise Pools" will do the finish work. If a GC did do the finish work — it's out of his scope and, theoretically, he could probably be cited. When I was the Licensing Supervisor, back in the day, a lot of the General Contractors would put a Page Two on the permit but if they did the finish work, we would catch them after -the -fact and would give them Citations. That's not uncommon — it does happen. Chairman Lantz: So, a General Contractor could oversee the pool job ... the electrician and plumber can be working for the GC, and he would just sub out the finish work? Michael Ossorio: Yes. Richard Joslin: The problem that I'm seeing — or what I have seen — is there are General Contractors who are pulling permits but not listing anyone as a secondary. I don't know how he could get a permit to begin with ... but he's just hiring anyone he wants to hire (or fire) for the job. Michael Ossorio: Well, one of the things — it's not a requirement to be on the building permit. It is a requirement for the General Contractor to list and hire subcontractors. How we do that is through the Page Two. With the City of Naples, you pick up your own building permit — there are different scenarios for different cities and counties. I can so some research for you, but I can tell you if you are a General Contractor who is building a pool, we will ask for a sub list for the finish work. I can bring that report back to you — that's something I can do in the next couple of weeks. Richard Joslin: I have another question then since we're on the subject. A General Contractor who ... Terry Jerulle: Are you picking on General Contractors? Richard Joslin: No, no. I want to go to an Owner/Builder situation that I've seen. An Owner/Builder can pull a pool permit — we'll say he lives in Minnesota. Then he signs a Power of Attorney that gives somebody the right to oversee his job. Is that something ... the correct way to have someone complete the job if the owner resides in a different state? Michael Ossorio: If you're talking about a specific scenario — we don't care about an affidavit giving permission ... or something like that. We look at the contract and if you're being paid. If there is some type of supervision ... and that person is in charge of hiring and firing people, and he/she is being compensated for it, then he/she is acting as a General Contractor and is outside the scope. He/she can act on behalf of the owner and oversee or supervise the job ... but some jurisdictions are very strict about that ... they make the Owner/Builder be present at the time of the inspection. I'm not sure how we do that here ... I'll talk to Jonathan Walsh about the owner being present, but I've issued many Citations before to people who have a Power of Attorney. It's based on how someone is being paid — how they are being compensated — under the definition of a General Contractor — and if someone is supervising a specific job. I think there's a Declaratory Statement out and it is a violation under [Section] 489. Richard Joslin: Okay. 4 Packet Pg. 7 4.A.1 January 15, 2020 Chairman Lantz: And that applies to all Owner/Builder projects ... not just ...? Michael Ossorio: The Owner/Builder affidavits have gotten stricter over the years ... you must come in and sign for the building permit in front of the Permitting Tech and if you haven't obtain a C of O (Certificate of Occupancy) in twelve months, you are considered as working without a license and will be fined $1,000. There are some owners who do the Owner/Builder permits all the way up to the final C of O and then come to Jonathan Walsh and ask for a Contractor to take over the permit to obtain the C of O and sell it. But if the evidence shows the substantial work was done by the Owner/Builder, I'm sure Jonathan Walsh would probably say `no' and he would not accept the affidavit. It would be C/O'd as an Owner/Builder. We've had those before in the past. Richard Joslin: Then, technically, it's not allowed? Michael Ossorio: No. I mean — if you have an affidavit of some duty to watch over the project and help — whatever it is — but if you are being compensated for overseeing that specific job, then that would be a violation. Richard Joslin: And the hiring and firing of contractors on the job? Michael Ossorio: That would be a violation. Is there any more homework on that — are we good? Richard Joslin: No, that will be fine ... maybe provide the Statute that says ... something to read ... that would be good. Michael Ossorio: Sure. I'll do some more work for you. Is that the consensus of the Board? Chairman Lantz: We did a ... a couple of months ago, we did a presentation on the Owner/Builder rules with the new permit form. Michael Ossorio: We can add to the Owner/Builder form ... that's right out of [Section] 489 ... I can look for a Declaratory Statement for you as it relates to affidavits of... I can bring it up next month. Richard Joslin: Okay. 7. REPORTS: Michael Ossorio stated the Board of County Commissioners met on January 14th and appointed John P. Nuzzo, who lives in Fiddler's Creek, as the new member to the Contractors' Licensing Board. He will be contacted today and sent an information packet. Chairman Lantz asked if the new member was a contractor. Mr. Ossorio replied that Mr. Nuzzo will represent the consumers of Collier County. 8. NEW BUSINESS: A. Orders of the Board: Patrick White moved to approve authorizing the Chairman to sign the Orders of the Board. Terry Jerulle offered a Second in support of the motion. Patrick White: I have a question, Mr. Chairman, ... it is relative to the motion and before we vote on it, I may need Mr. Nolton to weigh in on this ... when, in fact, does Packet Pg. 8 4.A.1 January 15, 2020 the new Chair assume responsibility and is properly authorized to sign these Orders? Based on the vote that we took earlier, Mr. Nolton becomes responsible at some point. I'll just share my perspective. Most of what I've seen in Robert's Rules of Order is that it typically happens between "Old" and "New Business," but since they are inverted on this Agenda, I am not sure. We've had a variety of past practices as it relates to this specific motion and the authorization to sign ... as to whose name should appear on the bottom. I don't want there to be any issues raised by anyone down the road to challenge the Orders. Assistant County Attorney Kevin Noell: Maybe the Board wants to make a motion stating the change of the Chairmanship will be effective at the start of the next meeting and the current Chairman is authorized to sign the Orders of the Board at this meeting. I think that makes it very clear as far as the timeline. Patrick White: I appreciate that. I will withdraw my previous motion. Patrick White moved to approve authorizing the newly elected Chairman, Matthew Nolton, to assume responsibility for his position at the February, 2020 Board meeting and the current Chairman, Kyle Lantz, is authorized to continue to execute his responsibility for the remainder of the January, 2020 meeting, including signing the Orders of the Board and any other Order that may flow from this meeting. Terry Jerulle: I withdraw my Second for the previous motion as well. Matthew Nolton offered a Second in support to the new motion. Carried unanimously, 7 - 0. Michael Ossorio: To Mr. White's point, if we had held the election in December, the new Chair and Vice Chair would have come on board in January. That's what I remember. Is this something different that I'm not aware of or ...? Patrick White: I wasn't here last month, so I can't claim responsibility, but I agree with you that, absent something specific as to when that takes place, my preference would be that it runs calendar -to -calendar. Michael Ossorio: Noted. That will be for the next Supervisor who comes on board Chairman Lantz: Okay, and that brings us back to where ... Patrick White moved to approve authorizing the Chairman to sign the Orders of the Board. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7 — 0. B. Jovelino Rodriguez: Application for Reinstatement of License and Request for Waiver of Exams (d/b/a: "JR Tile & Marble, Inc.") (Note: The individuals who testified in the following case under Item 8, "New Business, " werefirst sworn in by the Attorney for the Board.) 6 Packet Pg. 9 4.A.1 January 15, 2020 Chairman Lantz: Sir, you are here to request the reinstatement of your license and you have also applied for a Waiver of the exams. Jovelino Rodriguez: Yes. Chairman Lantz: Can you give us a little background on your situation? Jovelino Rodriguez stated: • He obtained a license in Lee County, Sanibel Island, and Cape Coral first. • He then obtained a Tile and Marble Contractors license in Collier County. • In 2015, he became ill and did not work in Collier County. • He underwent two years of treatments and since he wasn't working, he didn't have the money to renew all his licenses, and the Collier County license was allowed to lapse. • He continued to work in Lee County, Sanibel Island, and Cape Coral. • When he started working for Cornerstone, he was required to obtain his license. Chairman Lantz questioned the Applicant: Q. So, you have been licensed ... your original license was in Lee County? A. Yes. Q. And your Lee County license has been continuous? A. Yes. Michael Ossorio presented background information: • In 2005, Collier County received a letter of reciprocity from Lee County which verified that he had taken and passed the required the Business/Law exam in addition to his trade test, and his license was in good standing. Based on the letter of reciprocity, he filed an application in Collier County and received a license. • He has been licensed in Collier County since 2005. • He did not renew his license in 2017. • The Applicant falls under the "Renewal" section of the Code as "null and void" since he has not taken an exam since 2005-06. • Therefore, he was required to file an application and petition the Board for a waiver if the testing is superfluous to his trade. • He claims he is licensed in Lee County and Charlotte County and the licenses are current. Mr. Ossorio continued: The County has no objection. He will pay his back fees. Since he is still in business, I determined the testing requirement is superfluous to his doing the work. When asked for the County's recommendation, Mr. Ossorio replied, "to grant his license without retesting and he is to pay the back fees." Chairman Lantz: Well, you haven't been here in a few years but I'm going to Packet Pg. 10 January 15, 2020 ask you the same question I've been asking for fifteen years: If the Applicant never had a license in Collier County, would he be here right now. Michael Ossorio: No, but we've had this discussion before. Just to make sure, when a Contractor fails to renew his license and his license is "null and void" after two or more years, he is required to appear before the Board to explain why he didn't renew. There could be any number of reasons ... he may have filed for bankruptcy, or he could have credit issues. In most counties, he would have to go before the Board if his license was suspended or revoked or for a new license. This is not a burden on Mr. Rodriguez because he has been in the business. But there have been times when the Board has denied a license until the Applicant takes the exam. So, he should be here. Terry Jerulle moved to approve the application to reinstate the Tile and Marble License of Jovelino Rodriguez. Patrick White offered a Second in support of the motion. Di.ccu.e.cinn • Patrick White: I noted his credit score. The FICO was low but every one of his creditors reported "timely," so sometimes it is misleading to use just the FICO score. The condition that led to a lower score is due to the number of inquiries perhaps by credit companies who want to offer him a credit card — or buy a car — whatever. Just wanted that noted for the record in our future reviews. Chairman Lantz called for a vote on the motion. Carried unanimously, 7 — 0. Chairman Lantz advised the Applicant to contact the Contractors' Licensing Office and wished him good luck. Michael Ossorio: Just to clarify the FICO score ... there are a lot of things that can cause a FICO score to go down such as multiple hits on your Social Security number. In this case, I didn't see any huge issues but that's why it is imperative that we look at it to verify how things will go forward because at 615 [credit score], historically, he probably wouldn't have gotten a license. If there is nothing there, the Licensing Supervisor should examine it and probably make a note to the file whether to process the application. Patrick White: Understood. The only reason for my comment on the question was simply because of the Chairman's question between new and reinstated. 9. OLD BUSINESS: (None) BREAK: 9:30 AM RECONVENED: 9:40 AM 4.A.1 Packet Pg. 11 4.A.1 January 15, 2020 Chairman Lantz called the meeting to order. 10. PUBLIC HEARING: (Note: The individuals who testified in the following cases under Item 10, "Public Hearing," were first sworn in by the Attorney for the Board.) A. Case #2019 — 08: Collier County Board of County Commissioners, Plaintiff, vs. Thomas R. Williams, Respondent, d/b/a "Williams Magical Garden Center and Landscape," Collier County Licensed Contractor (LCC20130000742) — Misconduct Chairman Lantz stated he would read the procedures to be followed for a Public Hearing and noted the process applied to both cases. Patrick White asked if the Respondent and his Counsel for Case #10-13 were also present. It was noted that Thomas R. William, the Respondent in Case #10-A, and his Counsel, Raymond L. Bass, Jr., Esquire, and Roberto M. Torres, the Respondent in Case #10-13, were present. Chairman Lantz outlined the procedures 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 489. 2. The Hearing is quasi-judicial in nature and the Formal Rules of Evidence will not apply. 3. Fundamental fairness and due process shall be observed and shall govern the proceeding. 4. Irrelevant, immaterial, or inconclusive evidence shall be excluded, but all other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the Courts of Florida. 5. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient by itself to support a Finding unless such hearsay would be admissible or objected to in civil actions in Court. 6. The Rules of Procedure shall be effective to the same extent that they would now be hereafter recognized in civil actions. 7. The general purpose of the proceeding is for the County to set out its Opening Statement which details its charges against the Respondent. 8. A Respondent may or may not make his/her Opening Statement setting out in general terms the defenses to the charges. 9. The County then presents its Case in Chief, calling witnesses and presenting evidence. 9 Packet Pg. 12 4.A.1 January 15, 2020 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, that is 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. When the rebuttal is concluded, each party may present their closing statement. 13. After the Respondent has presented his/her case, the County may present a rebuttal to the Respondent's presentation. 14. When the rebuttal is concluded, each party may present its Closing Statement. 15. The County will have a further opportunity to rebut after the Respondent's Closing Statement. 16. The Board will then close the Public Hearing and will begin its deliberations. 17. 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. 18. During deliberations, the Board can ask for additional information and clarification from the parties. 19. The Board will then decide two different issues: a. First, whether the Respondent is guilty of the offenses as charged in the Administrative Complaint and a vote will be taken on that matter; b. If the Respondent has been found guilty, then the Board must decide upon the Sanctions to be imposed. The Board's attorney will advise the Board as to the Sanctions which may be imposed and the factors to be considered. The Board will discuss the Sanctions and take another vote. 20. After the two matters have been decided, the Chair (or in his/her absence, the Vice Chair) will read a Summary of the Order to be issued by the Board. The Summery will set forth a basic outline of the Order, but it may not be the same language in the Final Order. 21. The Final Order will include the full details that apply under state law. Assistant County Attorney Noell: Mr. Chairman, as a matter of housekeeping prior to your opening the Public Hearing, the County would like to introduce an Amended Administrative Complaint to address a Scrivener's Error. In Count II, under `B," the Section of the MuniCode cited was wrong. The correct Section is 22-201(18). Mr. William's Counsel has been shown the correction and it is my understanding that he has no objection to the change. Patrick White: Mr. Noell, do you believe you need to do anything with respect to that? Assistant County Attorney Noell: I have a notarized copy of the new Complaint, entitled Amended, which I will give to the Chairman now. Patrick White: Okay. 10 Packet Pg. 13 4.A.1 January 15, 2020 Michael Ossorio: For the record, the Amended Complaint has also been filed with the Clerk's Office. Patrick White stated he appreciated the clarification. Collier Count pening Statement presented by Assistant County Attorney Noell: Briefly, by way of an Opening Statement, the County believes the Administrative Complaint clearly sets out the violations. Mr. Williams was performing work where a permit was needed for the work performed. Jonathan Walsh, the County's Chief Building Official, will testify as to his interpretation why a building permit should have been applied for and approved. In addition, the evidence will show that Mr. Williams contracted to have electrical work performed and none of his three separate licenses allowed him to contract with an electrician to perform the work because he is not a General Contractor. The evidence will also show that he performed plumbing work where a license for plumbing is required. At the end of the Hearing, if violations have been found, we will ask the Board to order restitution. The homeowner will testify that he paid $52,000 for the job to Mr. Williams but he also incurred approximately $15,000 in corrective work which had to be performed due to the pond failing. The Board will hear further testimony that the structure cannot be permitted because it is in a flood area. Jerry Kurtz from the County's Capital Project Planning will testify that a permit would have been denied due to the drainage easement in that area. Once the Hearing is opened, I will request to submit the information package into evidence on behalf of the County. Respondent's Opening Statement presented by Raymond L. Bass, Esquire: Good morning. I also will be brief. For the record, my name is Ray Bass and I am a lawyer in private practice here in Collier County. I am representing the Respondent in this case. I have submitted in my client's packet a written rebuttal to some of the charges. The question arises about whether a Specialty Contractor can subcontract electrical work and plumbing work. The plumbing part, I think, is the easiest part because the evidence will show that there was no plumbing connection from one line to another involved in this case. We will wait for the evidence to show that because, as I said in the rebuttal, the evidence will not show there was a connection from one line to a potable water source. I think the plumbing will be the easiest thing to dispose of. The electrical part ... the evidence about the scope of the Contractor's license and so forth ... in the Code itself, it provides that Contractors and subcontractors can subcontract work. That part of the Code is nearly verbatim to Florida Statutes, Chapter 489, which says — I think there are one or two words that may be different — is the same. And most of the Code is based on the Florida Statutes. The drainage easement encroachment that the County's Attorney has spoken about — what you will hear is that there is a forty -foot drainage easement that has been covered over — it has been filled. It was not readily apparent that there was a drainage easement there. At this specific location, there are one or two lots together where the easement has been filled in. Where it is not filled in — at other locations — apparently 11 Packet Pg. 14 4.A.1 January 15, 2020 the culverts were put in years ago ... but there's nothing obvious that an easement is there. Also, you will hear evidence that this is a Homeowners' Association — the property is within an HOA. There was an application made to the HOA by the Kramers to have this project done. It was investigated by the Homeowners' Association and approved. The evidence will show there is some responsibility on the part of the HOA for this as well. There will also be some evidence, I think, that there was an inquiry made to the County's Staff concerning whether a permit was needed for this project and they were told a permit was not needed because it was a waterfall, a koi pond — that kind of thing — and permits are not necessary for that. Mr. Williams will tell you that he has been in the business for a long time and that permits for these kinds of projects have never been required. But we'll let the evidence speak for itself. Thank you. Assistant County Attorney Noell: Mr. Chairman, the County would like to request entering the information packet into evidence. Patrick White moved to accept the County's proffer of information packet with the Amended Complaint into evidence in Case #2019-08. Terry Jerulle offered a Second in support of the motion. Attorney Bass: I would like to make an objection — a partial objection, if I may, before there is a vote on that. There are a number of photographs in there that we believe were supplied by the owner or owner's attorney. There is quite a bit of commentary on them. I realized that the photographs are admissible, but I would ask that the Board disregard the owner's commentary on the photographs themselves. Patrick White: And what is the basis for that, Mr. Bass? Attorney Bass: I'm sorry ...? Patrick White: And what is the basis for the partial objection to the additional comments written on the photographs? Attorney Bass: It's pure opinion testimony about the way things ought to be or should have been — it's just opinion testimony by the owner. His opinions are the statements written on the photographs themselves. All I'm asking is that the Board consider that it's an annotation that would otherwise, ordinarily not be admitted into evidence without a proper evidentiary foundation. That's all. Patrick White: I'm perfectly comfortable amending my motion to acknowledge your partial objection and can assure you that any such commentary — whether in writing or direct testimony — is something that I'm going to give the appropriate weight to, based on the credibility both of the witness and the statements on the photographs. I accept the partial objection. I wonder if the Second maker would agree. Terry Jerulle: The Second maker agrees. Chairman Lantz: Any further discussion? Patrick White: I'm assuming on the question, Mr. Chairman, that the County has not objection to the motion as presented? 12 Packet Pg. 15 4.A.1 January 15, 2020 Assistant County Attorney Noell: We have no objection. Patrick White: Thank you. Chairman Lantz acknowledged there was an amended Motion and a Second. He called for a vote on the motion. Carried unanimously, 7 — 0. Collier County's Case in Chief presented by Assistant County Attorney Noell: Assistant County Attorney Noell called the first witness to testify on behalf of Collier County. The Witness was asked to state his name and address for the record: Reto Kramer, residing at 9126 The Lane, Naples, Florida 34109. Examination of the Witness by Assistant County Attorney Noell: Q. Did you have an opportunity to review the packet in Case No. 2019 — 08? A. Yes, I did. Q. Did you look at the contract that's contained in there as an Exhibit? A. Yes. Q. Is that a contract that you entered into with an individual? A. That is correct. Q. Tell the Board who you entered into that contract with, and what was the agreement? A. So we went into contract with Williams Magical Garden and the agreement was that they were building a pond to specification that was based on graphics that they made for us and they were in charge of building the pond with all around the pond, including sprinklers, electric, and plumbing. Q. And as part of the agreement, what was your understanding as far as if any permits were needed — who was responsible for pulling those permits? A. That would have been Williams Magical Garden. Q. And was work performed at your residence? A. Yes, it was. Q. Tell the Board what work was performed. A. Originally, the timeline was that the work was to be done within two weeks. The actual work was aborted or abandoned after five months. We still have a construction zone. There is still no pond that is working in the backyard. It leaks everywhere. There is a thirty -page document that has the pictures in it that you received — that's the document of everything that does not work or was not done according to the contract. Q. And are those pictures that you took at the time the work was being performed by Mr. Williams' company? A. That's correct. The plan was that we were to have an income through that — making a business out of this pond and, unfortunately, that was not the case. But that was the reason why I had — everyday — pictures and I filmed material because it was also supposed to be a YouTube Channel [video] to show how to build a pond like that. 13 Packet Pg. 16 4.A.1 January 15, 2020 Q. Regarding the work that was performed for the water supply, can you tell the Board what work was performed regarding the plumbing and the work to provide water to the area? A. Yes. Originally, there was obviously an issue with our landscaping company... that Williams Magical Garden put the auto fill of the pond directly onto the sprinkler system and that basically took the pressure off the sprinkler system and it wouldn't work correctly anymore. So, because that happened, they said you can't do that — you can't use the sprinkler system as your water supply. That was the only thing that happened and now — after everything was finished — we never got any information about where the plumbing was, and we requested that information several times. My lawyer also requested that information ... where are the plans for the plumbing ... where is the shut-off in case something were to happen and I needed to shut off the water? That information was never provided. And we had no video. However, just yesterday, we did find out where it was connected — we found out they took out a whole zone of our sprinkler system and patched it over to another zone, and then took the water from there. So, it was the sprinkler's main line that was used for the auto fill of the pond. Q. Is your sprinkler system connected to the City's water main ... the potable water? A. Yes, it is. Q. Okay. Do you know who performed the electrical work at your residence? A. No, I don't. Q. What was the ... can you describe to the Board the nature of the electrical work that was done? A. We have a guest house and they connected the electric to the guest house fuse box ... it went to the outside then underneath the ground, and all the way around to the pond ... and then to the back of the pond where the equipment is — the pumps — that's where they put the new fuse box in, and that's where everything was connected to. Q. The work for the electric and the work for the plumbing that you testified to this Board about — was that part of the scope of the contract or the agreement that you had reached with Mr. Williams? A. That's correct, yes. It was originally part of the contract however the electric was more expensive than anticipated so Dana came to me and asked for another one thousand two hundred and something dollars for the electric and I paid it. Q. Who is Dana? A. Dana is the one who was in charge on the project and was basically on the field every day and did the contract work. Q. Was it your understanding that she worked on behalf of the Williams Magical Garden and Landscape? A. That's correct. Q. At some point did you encounter a problem with ... where you had to have some remedial work done to make the area where this pond was installed safe? A. There is — luckily — there is a fencing around it. So, we just had to make sure that the fence was back up because they took the fence down to get the equipment through and, at the time, we didn't know really what the Code was or what really happened because this pond is five feet deep which seems, you know, pretty deep 14 Packet Pg. 17 4.A.1 January 15, 2020 so we wanted to make sure that the fence was back up. Unfortunately, we had to hire a fence company because, again, Williams Magical Garden was not available to us anymore — they took down the fence and it was basically broken, and we had to re -do the fence. Q. Did you have another Contractor come out and you had to pay them — I think — approximately fifteen thousand dollars for some work? A. Yes, what happened was that after about three months, the pond collapsed. We had to hire another company because, at that point, he [Mr. Williams] wouldn't come and fix it. We asked him to come and fix it and he said, `no.' Well, they didn't say no — they just didn't answer. So, we had to hire another company. Unfortunately, after the first time that it collapsed, we had an agreement to pay a lower amount, but the second side of the pond collapsed, too. And we found out that the [water] line was already penetrated by the palm tree roots — and we're talking about in a very short term. They started to fix that side and then two days later the other side also collapsed. The whole thing cost us sixteen thousand dollars to fix. They had to take the water out, take the dirt out, and reconstruct everything. Part of it was ... there as a complete ledge around the pond with stones on it and that collapsed, too. Q. If I understand correctly, how much was paid to Mr. Williams for the work? A. For the work, we paid him fifty-two thousand dollars. Q. Okay. And, as far as the testimony that you just provided about the pond, how much did you pay to have that repaired? A. That was fifteen thousand seven hundred dollars. Q. Have you since discovered that you would not be able to have this work permitted after -the -fact? A. It seems there is no way to get it permitted. Q. Okay. And, based on knowing that, did you contact any companies to find out how much it could cost to have everything — the pond and everything removed? A. Yes. We contacted two companies — it's hard to find a company that will do that — but we found two companies to give us quotes and the cheaper quote was thirty- two thousand dollars to remove the structure and everything that is there. Patrick White: I'm sorry — could you repeat the dollar amount again please? Reto Kramer: Thirty-two thousand dollars. Patrick White: Thank you. Assistant County Attorney Noell: The County has no further questions. Chairman Lantz: Mr. Bass, would you like to cross-examine the witness? Cross-examination of the Witness by Resaondent's Attornev: Q. Mr. Kramer, when was the project completed? A. It is not completed. Q. Okay. Did there come a point in time when you told Mr. Williams and his company to stay off your property? A. That is correct. 15 Packet Pg. 18 January 15, 2020 Q. When was that — approximately? A. I must correct that — our attorney basically told us to not allow the company come back out before we get all the information about insurance, licensing ... Q. When was that, approximately? A. That was January 16tH Q. Of what year? A. 2019. Q. This project was — the ponds and so forth — they were at one time functional, correct? A. That's incorrect. Q. You're saying they never worked? A. That's correct. Q. Was there a point in time when it appeared to you that the project was finished and should function? A. Never, no. Q. Okay. So, I guess I'm trying to find out from you when did it start and when did their work end? A. It started on August 7th Q. Of what year? A. ...2018. Q. What? Please repeat that date. A. August 7, 2018. Q. And at what point in time did the Magical Garden Company stop coining out there, approximately? A. That was December 17, 2018. Q. All right. So, their work time period was for some four or five months — is that what you're saying? A. That's correct. Q. And isn't it true, sir, that there was an issue about non-payment of some money as claimed by the Magical Garden Company? A. There was no issue because we paid everything that we needed to pay at that point, but it was, again, never finished. There is a thirty -page document that documents exactly what was not finished at that time. Q. About the water supply — sir, isn't it true that the water supply was from a hose connected to a faucet at the exterior of your house? A. This is not correct. Q. So, it was only yesterday — are you saying to the Board here that it was only yesterday that you discovered what the connection was? A. Well, since everything was buried, we had to get somebody over to find out where it was connected but, at no time, was it ever connected to an outside faucet because we're using those for hoses all the time. So that was never happening. Q. Okay. So, do you have a well for your sprinkler system? A. No, we are connected to city water. Q. The electrical work you spoke about — that was done by an electrical contractor, wasn't it? A. That's correct. 4.A.1 16 Packet Pg. 19 4.A.1 January 15, 2020 Q. You mentioned something about a problem with the pond holding water and being penetrated by some tree roots? Were these trees already in existence when the project was done? A. Correct, yes. All the trees were in existence. But there were obviously no tree blocks to be put in. Q. Tree blocks? A. Root blocks, I think they are called. So that the people who were in after to repair it put root blocks in — it is some kind of plastic structure that prevents the roots from penetrating when it gets to a certain place. There was nothing like that in place. If it would have helped, I don't know about construction, so I don't know. Q. What kind of trees are you talking about? A. Palm trees. Q. And you said you had a hard time finding a demolition contractor. How many places did you call? A. Four. Q. Are you aware that demolition contractors are specially licensed? A. No, I was not aware of that. Attorney Bass: I have no further questions. Collier County's Rebuttal by Assistant County Attorney Noell: Q. Sir, you didn't hire the electrician — correct? A. Correct, I did not hire him. Q. Okay. A. I was told it was a different company, so I don't really know. Q. And your understanding is that Thomas Williams — that his company had hired the electrician? A. That's correct. Assistant County Attorney Noell: I have no further questions of this witness, but if the Board has any questions ... Patrick White: If I may, Mr. Chairman? Chairman Lantz: Yes, sir. Patrick White questioned the Witness: Q. Mr. Kramer, help me to understand — what you most recently discovered is how the water is supplied to the pond? Could you describe that? A. There is an auto fill that fills the pond up if there is not enough water in there. So, the water came from the sprinkler system. The sprinkler's main line — that sprinkler system was basically ... there's a "T" in there that takes the water out from there. However, there seems to be no shut-off valve between the main line at the actual overfill. Q. And do you know what type of material was used to connect from the sprinkler system that I understand that runs on potable — you said — city water to the supply 17 Packet Pg. 20 4.A.1 January 15, 2020 by way of, I assume, some kind of float that is in the pond so when the water drops, it fills. Do you know what kind of material is that piping? A. Again, I'm not in construction but ... Q. Did it look like it was metal? Did it look like it was plastic? A. I think it ... but I don't understand ... you know ... Q. I'm just asking for your lay opinion, that's all. A. In my opinion, yes, it's PVC pipes. Q. Thank you. Chairman Lantz: Are there any other questions from the Board? Richard Joslin: I have one on that same issue. Richard Joslin questioned the Witness: Q. The line that you found that would deliver water to the auto fill into the pond, you said it had tapped into the sprinkler line and used the secondary part of the line to use it for the auto fill? A. In the backyard, we had originally two zones and they took one zone totally out and the green box that is on the ground — they took that totally out and they basically patched the piping to the auto fill in the other zone. So, we ended up having only one zone and I did not give my approval to taking the zone out. I was surprised when we had one zone less for the water, however I really didn't think about that would mean or where that would come from. I was just, you know, basically okay with it. Q. So, the only time that system would have water going to it would be when the sprinkler in that specific zone called for water ... A. Well it was ... Q. ... on the live side? A. All the walls were taken out, so it was on the live side — correct. Q. Okay. Terry Jerulle: If I may, Mr. Chairman? Terry Jerulle questioned the Witness: Q. Mr. Kramer, you talked about a fence earlier? A. Yes. Q. Can you explain to me — was it a pool fence or a property fence — what type of fence was it? A. It was a mesh fence — it was a fixed fence that was built around the whole backyard because we have a dog and we sometimes take him back there and we didn't want him to go anywhere. Q. Okay. So, you have a— I believe —you're trying to describe a chain-link fence, A. Yes. Q. ... around your yard that was existing? A. No, we built that when we moved into the house. 18 Packet Pg. 21 4.A.1 January 15, 2020 Q. Okay. But pertaining to the start of construction, it was existing? A. It was existing. But because they brought machinery in, they had to take the whole fence, not just a door, they took the whole fence down on that side and it was never put back up the right way ... so it was, basically, non-existent anymore. Q. So, when they left the site, there was water in the pond and there was no fence up? A. There was no functioning fence. We had to get a fence company to repair it, yes. Q. Thank you. Patrick White questioned the Witness: Q. Just looking at — there hasn't been any testimony about this, but I am assuming you've seen the Respondent's rebuttal evidence package? A. No. Q. No? All right, then I won't ask about those emails because it hasn't been admitted yet. So, we can follow-up with that later because I just wanted to inquire about your personal knowledge about what's been described as a drainage easement. The survey shows it as a kind of light maintenance easement, but the plat shows it as a type of public drainage easement, so I'm going to need more information as we go forward, just so everyone is aware. I was hoping Mr. Kurtz could clarify some of that. Richard Joslin Questioned the Witness: Q. I have a question regarding the electrical. Do you know who did the electrical work? A. No, I don't. Q. You don't. But it was contracted by the Magical Garden to have it done — correct? A. Correct and I paid for that, too — not directly to the electrician and I don't know who that person was — I just know from Dana that it was a very popular electrician who did it. Q. The only reason why is ... I'm looking at one of the pictures in the packet at Page 144. There are two pumps, and each is connected to just one extension cord? A. They made the pool panel ... an electric panel with several clocks. Some of them seem to be special clocks, not the regular clocks — I don't know if they have a higher voltage — they might be 220 ... I'm not sure. Q. I'm sure these pumps are on 220 or 110 each but what I'm questioning is the fact that they're not in a conduit. They are just extension cords that are probably put into the box ... I haven't found the pictures yet that show the panel box connected, but I just want to verify that this is how the electrician left it. A. I'm not sure. Q. Okay. Terry Jerulle: Again, Mr. Chairman? Chairman Lantz: Yes, sir. 19 Packet Pg. 22 4.A.1 January 15, 2020 Terry Jerulle questioned the Witness: Q. Can you tell me the depth of the pond? A. Five point five feet. Q. Five point five feet. Okay. Did anybody install any electrical alarm devices on the doors that lead out to the pond? A. No. Q. Thank you. Chairman Lantz questioned the Witness: Q. You described how the walls collapsed. Give me an idea of what you mean by the "walls" collapsing. A. Basically, the sides go up and on one side there is a beach for the turtles — so that part was a little steeper and on the top of it ... there was a little water flow on the top of it. It must have been a leak right there — the water went inside of the wall and made the wall collapse into the pool. So, the whole dirt from the side of the pond went into the pond. Q. So, the liner folded over inside the pond and then the dirt from the outside came inside the pond? A. Correct. Q. Okay. Chairman Lantz: Are there any other questions? Assistant County Attorney Noell: I have a follow-up question. Re -direct Examination of the Witness by Assistant County Attorney Noell: Q: Sir, I am showing you what has been entered into evidence as Packet Page 111 as identified on the bottom left-hand corner. Do you recognize it? A. Yes. Q. What is that document? A. That is the original contract that we signed. Q. Okay. And as part of that — this is the contract between you and Thomas R. Williams, doing business as Williams Magical Garden Center and Landscape? A. Correct. Q. And as part of that, I want to draw your attention to Item 1(e) in the line section of the Agreement. It is the Electrical and Plumbing that you testified to. Is that what is referenced there as Item 1(e) in the contract? A. That is correct. Q. Okay. And then the checks that are in the packet — you have reviewed those checks — correct? A. Correct. Q. The copies of them ... and those are the checks that you wrote for the work that was performed and that were cashed? A. That is correct. 20 Packet Pg. 23 4.A.1 January 15, 2020 Assistant County Attorney Noell: I don't have any other questions. Chairman Lantz Questioned the Witness: Q. On that Page 111 of the contract, did you have something else somewhere that specified ... "I need seven of these trees and nine of these trees" ...? A. There is an addition that was made ... I just found it yesterday — it was not part of the contract, but it was a separate page that we received. Q. I see something on Page 113 — is that what you're talking about? A. That is part of it, yes. Q. Okay. A. But we do have another document that I didn't submit which shows basically the equipment that was discussed and some plants as a guideline. It was not really part of the contract, but it was taken as an idea of what I could expect. Q. You're talking the artist conceptual picture — is that what you're talking about? A. No, it's a document that I had but it is not part of this package. Vice Chairman Nolton: It's not Page 207 ... starting at 207? A. No, I just found it yesterday. Vice Chairman Nolton: Page 207 is a list of plants and 208 is a list of equipment. A. You are correct. Patrick White: What is correct? A. This is the list that I am talking about. Patrick White: They are the same documents? A. Correct. Patrick White: Okay. So, it is in evidence — just to be clear. A. Yes. Patrick White: Okay. Thank you A. However, most of those parts — many of those parts — have never been installed. Chairman Lantz: But this was part of your original contract — saying all these will be installed as well as all the equipment. A. Correct. Chairman Lantz: Are there any other questions from the Board? Patrick White: We might as well clear up the details now as to Page 208. On the left-hand side, there is a series of check marks next to most of the items. There is a question mark next to the word, "liner," and no checks for the last seven items. Can you tell us, Mr. Kramer, if you made those check marks or do you know what those check marks and question mark represent? And what the absence of any marks means for the bottom seven bulleted items? Reto Kramer: Those check marks — I don't know who made them. I do know on the auto fills — it says two auto fills — but there was only one auto fill. So, whoever make those marks ... Patrick White: Understood. It goes generally to the question of what additional charges were outside the scope of the original contract or not. That's what I wanted to you. If you don't know ... you don't know. 21 Packet Pg. 24 4.A.1 January 15, 2020 Chairman Lantz: Are there any other questions for Mr. Kramer? Assistant County Attorney Noell: The County calls Mr. Walsh. Patrick White: Mr. Noell, are you going to want to proffer in any regard Mr. Walsh's Expert Witness status, or not? Assistant County Attorney Noell: Probably not — I'll probably just do it through direct questions. Patrick White: Fair enough. Examination of the County's Witness by Assistant County Attorney Noell: Q. Sir, please state your name for the record. A. Jonathan Walsh. Q. And, sir, how are you employed? A. I work for Collier County as the Chief Building Official. Q. And what are you duties as the Chief Building Official? A. To enforce and oversee the application of the Florida Building Code. Q. Is it part of your responsibility to determine whether certain areas of work or types of work require permits? A. Yes. Q. Did you do that in this case? A. Prior to or after construction? Q. At any time. A. Yes. Q. Okay. What is your educational background? Could you let us know what degrees you have and where you have these degrees? A. I am a graduate of Manhattan College in New York with a degree in Civil Engineering. I am licensed in the State of New York and in the State of Florida as a Professional Engineer. I am Plan Reviewer, Inspector, and Building Official for the State of Florida. Q. How long have you been a Professional Engineer? A. Since 2005. Q. How long have you held the current position that you hold as the Chief Building Official? A. 2013, I believe. Q. I don't believe that in the quasi-judicial court I need to tender him as an Expert. Sir, what all did you review in coming to your conclusion on whether a permit and what type of permit was needed for this work? A. It was first brought to my attention as a Code Enforcement case and I made a determination — I believe sometime in October 2019, at one of our weekly hearings — I made a notation either on a picture or on one of their forms that a permit was required. After that, there were further discussions with County Staff. I sent my Chiefs to walk the site and I think an Inspector or Plan Reviewer also attended. Unfortunately, my schedule didn't permit me to inspect the job site. They returned with very clear opinions about what had been done — supported by pictures — and my decision was based that information. 22 Packet Pg. 25 4.A.1 January 15, 2020 Patrick White: Mr. Walsh, you said "hearings" earlier — did you mean "meetings?" Jonathan Walsh: Sorry, yes ... meetings with Staff. Patrick White: Thank you. Q. And based upon your meetings with Staff and your review of the photographs and your knowledge of the Florida Building Code, what was your opinion regarding what type of permit were needed for this work to be performed? A. I believed a as an end-all/catch all, a General Building Permit was necessary, and it could incorporate the electrical and plumbing aspects. Q. What about the nature of the electrical would require a permit? A. There were obviously pumps which you could see in the photographs and there were lights — there were electrical components that were to be powered somehow — either by the extension of an existing service or by some sort of power brought out to those devices, and that would require a permit. Q. As far as the plumbing, you heard testimony that the line ... the PVC line ... was connected to a potable water line, is that correct? A. That would require a permit, yes. Q. Okay. In addition, the electrical work and the plumbing work that was performed, is it your opinion that it would require a licensed electrician to perform the electrical work and a licensed plumber to perform the plumbing work? A. Yes, it would. Assistant County Attorney Noell: I have no other questions. Cross -Examination of the County's Witness by Respondent's Attorney: Q. Mr. Walsh, when you said a General Building Permit would be needed, what it is that triggers off that necessity? A. There are multiple trades involved in this project. You have landscape, a trellis aspect, there are patios, plumbing work, electrical work — we don't allow sub permits to be pulled in a scope of work like this. So — if it was for a pool, for example, you would need a general pool permit which would incorporate the plumbing and the electrical work in it. It could also include footings or a trellis that was attached to it or a shelf or something in the construction of the pool — but it would not include the pool barrier or a screened enclosure and things of that nature. So, in this specific case for this pond, you could incorporate all of that into one General Building Permit. Q. But it's not a pool, though? A. Right, this is not a pool — this is a pond. Q. And typically, or isn't it true that typically, these kinds of projects do not require a permit? A. I'm sorry, I didn't hear you. Q. Isn't it true that typically these kinds of projects do not require a building permit? Let's take out the electrical and plumbing. If there's no electrical and no plumbing, would a permit be required for something like this? 23 Packet Pg. 26 4.A.1 January 15, 2020 A. The extent of the work that was done on the landscaping alone, plus the trellis — yes. Q. Would you agree with me that connecting a hose to a faucet on the exterior of a house would not require a plumber to do that? A. I'm not going to ... if you're asking me if a plumber is required — no, a plumber would not be required to connect a hose to ... Q. If that was the service ... or if that was ... I don't know the technical language ... if that was the feed for the water to the pond ... that's not really ... it doesn't require a plumbing contractor to do that, does it? A. If it was meant to provide an auto fill feature, so it was more or less a permanent connection from what you're insinuating is on a temporary basis, I would say you were connecting to the public water supply so, yes, a plumber would be required. Q. For a hose? A. If that's how he is going to provide his service. Richard Joslin: Excuse me for one second, but I believe the terminology is a "direct connection." In other words, if a hose is just laying over the top of a pond, you wouldn't need that. But if it's a direct connection to the system, then yes, it would need a plumber. Jonathan Walsh: Correct. Attorney Bass: I have no further questions. Thank you. Re -direct Examination of the Witness by Assistant County Attornev Noell: Q. As far as the three licenses that Mr. Williams possess, are you aware of what those are? A. For the most part, yes. Q. Okay. Landscaping contractor, Paving block contractor, and Non -recreational pond waterfall fountain contractor — is that your understanding? A. Yes. Q. Under the Florida Building Code or the Collier County Code regulating building, do any of those three licenses allow him to contract for electrical or plumbing work? A. I would have to refer to the Licensing Supervisor for assistance on that. Q. Okay. Assistant County Attorney Noell: I have no further questions. Chairman Lantz: Are there any questions from the Board? Terry Jerulle: Yes. Terry Jerulle questioned the Witness: Q. Jonathan, and I apologize, but I'm a little confused between the difference between a pool and a pond. 24 Packet Pg. 27 4.A.1 January 15, 2020 A. The definition of a pool is meant for recreational water use as a swimming area. You can have a lake in the back of your property but that is not classified as a "pool" — it would not fall under the same requirements as a pool. This is a "pond" and does not meet the definition of a pool. Patrick White: It's "non -recreational." A. Yes, that's basically it. Q. So ... Vice Chairman Nolton: So, it then would meet the definition of a lake? A. I don't think the Building Code has a definition for a lake. Vice Chairman Nolton: What I was getting at ... is with a lake, there are slope requirements for safety. A. Yes. I would agree with that statement. Q. So, what I'm getting at — in my mind as I'm looking at this — I'm looking at a five-foot deep, in -ground manmade built structure that has pumps and waterfalls. The first thing that comes to my mind is I need a pool fence — I need to protect the public from going into this area and ... a child drowning. A. By the Building Code and by the Statute — as far as I am aware — this structure, this pond, would not require those parameters. I'm not saying I don't personally agree with you, but that's not what the Code states. Q. Thank you very much for clarifying that. I saw the pictures of a trellis out there. Did that have footings? A. I don't know about the construction of it. I know the photos that I saw isolated the construction of the trellis. From what I did see from the photos, there weren't enough fasteners tie it together. I forgot to mention there was also a bridge installed over this koi pond that, again, would be classified as a structure. We would look at it for connection, bracing, and framing. Q. So, those two are classified as structures which would typically need a building permit ... A. Right. Q. ... and inspections? A. Yes. Typically, and if they were separated and not tied into this pond, there would be two separate permits. But again, as I said before, they are kind of blended together with the pond as the basis and we looked at this as one building permit. Chairman Lantz: Is that it? Terry Jerulle: Sort of. Chairman Lantz: For now? Terry Jerulle: I'm just thinking about my next house — maybe I'll just include a koi pond instead of a swimming pool and not have any inspections on it. Richard Joslin: It reminds me of the vinyl liner on a swimming pool with all the pumps and filters, and the way it's done. 25 Packet Pg. 28 4.A.1 January 15, 2020 Terry Jerulle (to the Witness): Thank you very much. Chairman Lantz Questioned the Witness: Q. I have a couple of questions on the water connection. So, when Mr. Kramer first testified, I was under the impression that it was a garden hose connected to the auto fill valve ... the automatic pond fill. Then Mr. Kramer testified recently that this was not the case — there was hard -pipe PVC into the sprinkler line. Having not seen any pictures of that, I'm just asking you to go on assuming what he said was correct. So, if that is correct, would you consider the water in the sprinkler system to be potable or non -potable? A. It would depend on how it was connected and what it was connected to ... if it was connected to the water main, yes, I would consider that as a potable water system, even if there is a backflow off of it just like a house. Q. So, at what point would you consider the water in a sprinkler system to be non - potable? Once it leaves the heads or at the backflow or ... where would you consider that change? A. The use ... I would its use. Q. Which would be where it leaves the heads? A. Yes. Q. Okay. My next question — I don't know if you're the proper person to answer this or not ... if somebody does work on an irrigation sprinkler system, do you guys inspect the whole system or are you just inspecting the backflow? A. We don't check the backflow typically ... there is a local Ordinance for Collier County — we would look at heads as a separation from a building's general layout. It's kind of a one — one inspection ... I don't remember the exact number ... but they basically look at what the proposed layout is supposed to be — the construction — and they would look to see if that matched, and is there a rain sensor, separation of buildings, is the coverage correct — all those types of aspects. Q. So, are they inspecting before the pipes are covered up or ...? A. Typically, it's after. Q. After the pipes? Okay. And if somebody were to modify their irrigation system, would a permit be required for that? A. There's a grey area ... our Ordinance for exemptions says that you can make [changes for] maintenance requirements — if you were to adjust a head, that would probably be considered as maintenance or repair work, so no, a permit would not be required on that existing system. Q. What about adding another zone? A. I would say yes. Q. So, if somebody were to add a zone — say an automatic fill for a recreational or non -recreational pond — a permit would be required to tap into the sprinkler line to do that? A. Yes. Q. Perfect. And a Landscape Contractor — I don't know ... this is ... what I'm not sure is if you're licensed ... if this gentleman has a Landscape Contractor license — he's licensed to do irrigation work, correct? 26 Packet Pg. 29 4.A.1 January 15, 2020 Michael Ossorio: For the record, Mike Ossorio, Collier County Contractors Licensing, and I've been sworn in. Mr. Williams has what is called an Unlimited Landscaping Contractor License — which is a pretty old license — that ... typically, a Landscaping License does require a separate license for irrigation. With this specific license, he has irrigation. So, the Scope of Work is unlimited landscaping and would include irrigation. Chairman Lantz: As a non -recreational pond contractor, he is licensed to do all the plumbing, just not the connection to the potable water system. And as a Landscaping Contractor, he is licensed to connect to an existing sprinkler system. He wouldn't have to hire a plumber to connect to an existing sprinkler system — correct? I'm not addressing the permit issue ... I'm just addressing the licensing issue. Patrick White: "Scope of Work." Chairman Lantz: He is licensed ... between his two licenses, he is licensed to connect to a non -potable ... an irrigation line to potable water. Michael Ossorio: Just so we understand, historically you don't co -mingle licenses ... single licenses. So, if you look at the terms of his license for irrigation — is that connection to the pond under the scope of his Unlimited Landscaping License and I would say no. If you look under his pond waterfall license, can he do irrigation? No. We have to look at what is the scope he is working under and what is the scope of the category under the definitions. So, the fact of ... Chairman Lantz: Well, let me give you an example ... I mean, let me ask you a question. Personally, I am a licensed General Contractor, licensed Electrician, and licensed Plumber. If I do a job, I pull all the permits and do all the work myself or with my employees. Nobody ever comes to a job site and says, `Wait a second — you're acting as a General Contractor so you're not allowed to pull this wire, or you're acting as an Electrician so you're not allowed to frame this wall,' because I'm licensed for all of them — they say I'm covered for everything. So, why ... how would it be different for ...? Michael Ossorio: You are a General Contractor and you have the ability to subcontract out. My question to you is: The scope of the ... look at the ... where the water is coming from? The water is coming from a main line for irrigation with no valve, which is in and of itself — you're heard the testimony that the water bills were skyrocketing because there was no water check valve ... there was nothing, so he couldn't turn anything off. There was a direct connection to the water main that goes right into the pond itself. Under the pond license, it speaks for itself — as a Scope of Work, you can't do electrical. You can't take — `I'm a Licensed Irrigation Contractor so I'm going to use it for my pond and I'm going to connect to the water line' or do those types of items. You're a single discipline and you have to be in Scope. Now, if you have more than one license and they overlap each other, that's fine. But an Unlimited Landscaping Contractor cannot do ponds. Is that a fair assessment? If I had a Landscaping license, would I be able to do ponds and waterfalls? The answer would be no. If I have a pond license would I be able to plant trees and do irrigation? No. The pond itself is connected to the potable water system through the irrigation system with its check valve. You can't ... to my mind, you would not be able to cross-reference ... 27 Packet Pg. 30 4.A.1 January 15, 2020 Chairman Lantz: So why would ... this is might go to Mr. Walsh ...but why would you have a check valve between an irrigation line and a pond? Patrick White: If I may, Mr. Chairman, and before Mr. Walsh responds? In my mind, the "sprinkler main line" is the potable water line. It has not yet become, if you will, a sprinkler line for the purposes of the koi pond until you go to the branches and through the valves to the sprinkler heads. So, in my mind, without seeing the schematic, what I'm understanding is that you have a line ... the same as anybody burying a PVC line in the back yard that was part of the main potable water system from the house, and tapped into it and ran a further PVC line to the koi pond. So, in my mind, it doesn't matter that what happened somewhere else off the branches of the potable water line that makes it somehow part of the irrigation system at all. There is a higher order, in my mind, of what it is — as a classification — as a potable water line. And it's the idea that it was tapped into, is fully pressurized, there's no check valve, and no shut-off valve, and it only operates through an automatic flow switch. I offer that to try to help clarify both the question and the answer. That's the way I'm understanding it. Chairman Lantz: I'll tell you how I understand it. So, my definition — I disagree with Mr. Walsh — I feel the water becomes non -potable once it crosses the backflow. In many other situations where we've done irrigation work, the Irrigation Contractor does everything in the house, but he/she must hire a licensed Plumber to do the backflow area which is the connection between the potable and the non -potable water. So, in my mind, once you cross that backflow, you become non -potable. So, a Landscaping Contractor with Irrigation can technically — I'm not ... no ... I'm not siding with anybody ... so, in my mind, once it crosses that backflow, a Landscaping Contractor can do work on an irrigation line. I'm not saying what he did was correct — and I'm not saying he shouldn't add a valve ... that's not what I'm getting at ... I'm asking ... as a licensed Landscaping Contractor who can do irrigation — he could all that irrigation work to add heads and do that from the main supply line, as long as he's on the dirty side of the backflow. Patrick White: I think it would be helpful to understand exactly where the backflow is relative to the "T" that was put in to supply the koi pond, and to have the Building Official's opinion as to whether he may or may not agree with your assessment. That's very germane to me. Vice Chairman Nolton: Well, I just want to clarify and understand, too, because — in my head — you have the main line out at the street and that's typically where the backflow is, and then you have that potable water line coming to the property. And so, in my head, there's not another backflow preventer somewhere else on the property from there to the irrigation ... unless I'm misunderstanding what we're talking about. Jonathan Walsh: That's what I would like to clarify ... if there's one backflow that goes to the house and is "T" -ed off for the irrigation, there's no difference at that point whether it's going to the house or to the irrigation as potable water. Vice Chairman Nolton: So, there's one backflow for the property at the main line? Jonathan Walsh: That part I don't know. I don't know if it's a separate, individual line for the irrigation — I would need to research that point because I don't know. The 2017 Florida Building Code states the definition of potable water as: 28 Packet Pg. 31 4.A.1 January 15, 2020 "Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming to the bacteriological and chemical quality requirements of the Public Health Service Drinking Water Standards or the regulations of the public health authority having jurisdiction." So, again, I don't know where their backflow is and where their connection point is. If this is a dedicated, individual line and the backflow separates the irrigation from the potable water at the road as its own irrigation line, I would agree with Mr. Lantz that the potable water stops at that backflow. But if there's one backflow and it "T's" off to go to irrigation at the house, I would say no. Patrick White: And, regardless — based on the definition that you have provided to us — the water that's in the line, whether it is before or after either or both of those backflows, in a given system, is still potable. Chairman Lantz: No. Patrick White: No? The point of the definition is that the water is potable. The quality and chemical composition of the water is not changed. And that makes more sense to me, Mr. Chairman, that the answer to the question of `when does it become non -potable,' is when it goes out the sprinkler head and is exposed to the air and bacteria and other contaminants. So, in my mind ... Chairman Lantz: Then why do we put a backflow preventor on? So, I'm asking this — and I'm not trying to beat a dead horse — is the reason we put a backflow on is because they spray chemicals on the lawn, there are all kinds of chemicals on it, and it backflows in ... that's why we need the backflow to prevent — and I know this because I'm a backflow guy — so ... Patrick White: I'm not disagreeing with you ... Chairman Lantz: ... but the reason why we put the backflow in is because there is a possibility of lawn chemicals, pesticides, all that stuff, getting sucked backwards through the line as soon as there is a pressure change. If there's a fire down the street and they activate some fire hydrants and the pressure changes, that can actually such the chemicals in the lawn back, so its non -potable. Would you cut a sprinkler line at the house and start drinking out of it? Patrick White: And I'd agree with you that if you tested the water under the circumstance of one of those events, it may — at that point in time — be construed as non -potable. But on the supply side without a break, it remains in my mind potable up to the point where it is dispensed or disbursed. Not that it's a big point. Terry Jerulle: Is the irrigation tied in before or after? Patrick White: I don't know. Chairman Lantz: Typically, the irrigation backflow prevention is between the house and the road. And, typically, there's another form of backflow prevention between that ... Terry Jerulle: The testimony is there is only one. Chairman Lantz: The testimony is we don't know. Jonathan Walsh: Yes, I don't know. Chairman Lantz: Right. Typically, there is a separate type of backflow prevention whether it's a ... Terry Jerulle: So then why the focus? A lot of these homes to not have that so 29 Packet Pg. 32 4.A.1 January 15, 2020 we're arguing a moot point in that ... Patrick White: Well, it's a minor point, but to the Chairman's point about if there were a backflow preventer — let's say at the main meter and the shut-off was at the street — under his logic, that water in the entire house would be non -potable because it has the potential to be contaminated. Chairman Lantz: No — what I'm ... you're not understanding what I'm trying to argue ... Patrick White: Maybe not. Chairman Lantz: What I'm trying to argue is a Landscape Contractor can make the connection to a irrigation system — that's the only point I'm trying to get across here. We're at the irrigation system and a Landscape Contractor can make a connection to an irrigation system. That's it. Patrick White: I don't disagree with that. Vice Chairman Nolton: So, if we go past that, I also heard testimony that it would be a modification of an irrigation system and not just maintenance, and that would require a permit — is what I heard. Patrick White: Remember the scope of the license, but a permit would still be required. Jonathan Walsh: Our Exemption Ordinance says for the maintenance and repair ... doesn't say anything about modification. Chairman Lantz: I wasn't arguing anything that a permit ... yeah ... Jonathan Walsh: I'm just trying to get germane to what we're here ... to answer the question about. Chairman Lantz: Okay. Michael Ossorio: Mr. Chairman, I wanted to clarify that landscaping companies cannot do irrigation without an Irrigation Contractor license. Unlimited Landscaping Contractors — there are a few ... not that many — Chairman Lantz: This is one. Michael Ossorio: ... and this is one ... are allowed to do irrigation. An Irrigation Sprinkler Contractor, by definition, is qualified 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. Patrick White: Right — that's the key word. Michael Ossorio: You have argued that his tapping into the sprinkler line to the pond is not irrigation. Assistant County Attorney Noell: Are there any other questions for this Witness before I call the final Witness? Richard Joslin: I have one last question. Richard Joslin questioned the Witness: Q. On Page 118, in your opinion, is it an electrical panel that I'm looking at? It appears to have three main breakers and a couple of, it looks like ... maybe, receptacles or turn-off switches — I'm not sure. 30 Packet Pg. 33 4.A.1 January 15, 2020 A. Those are the same receptacles for the pump that we're talking about. Q. Correct, I think. I can't tell for sure, but that's what it looks like. But I'm not seeing any conduit leading into it. The conduit seems to go somewhere else, but I am seeing a main line bringing in the power, I assume. Is this the portion that you said would need an electrical permit to run this power? A. Correct. Q. Okay. The last question: Wouldn't it be required to be grounded where there should be a bond from the panel to the pumps to this pond, so to speak, since in their contract, they listed a bond beam? A. Well, the bond beam in in the contract is, I believe, in one of the photos and shows it goes all the way around it. Q. Right. A. With the power, it should be bonded ... Q. Right. A. I don't know if that's the same terminology, but I would say yes, the pumps should be grounded. Q. That's all. Chairman Lantz questioned the Witness: Q. Is it typical to see pool pumps like this on a koi pond application? I'm just asking because I don't think I've ever seen one. A. Not of that size, no. Q. I've hooked up a few but I've never done it a cord before. Patrick White: I'll just ask that since, we're on the record, to use the microphone a little better — that will help. Jonathan Walsh: Sorry. In my experience, yes, a pump of that size is a little bit more than is necessary. Richard Joslin: If you look at the next page, 119, I'm seeing two very large — what looks to be like sand filters -- it's probably the filtration system plugged in at the same time. It definitely resembles more than just a simple pond in my opinion. Patrick White: I think Page 142 may be the closest thing to a complete system — electrical, plumbing, pump, filtration — is it? Jonathan Walsh: Yes. Chairman Lantz: Any other questions? Michael Boyd: I have a question for Mike. I read something here -- are his licenses even current? Michael Ossorio: I think he renewed his licenses — he might be inactive for insurance or Workers' Comp issues. But he does have a valid ... Michael Boyd: All three licenses are current? Michael Ossorio: All three licenses are current as it relates to renewals. Patrick White: I think the Board's main question is, were the licenses current during the time frame that the work was being performed. Michael Ossorio: Yes. 31 Packet Pg. 34 4.A.1 January 15, 2020 Assistant County Attorney Noell: If there are no other questions, I will call Mr. Kurtz. Examination of the County's Witness by Assistant County Attorney Noell: Q. Please state your name for the record. A. My name is Gerald Kurtz. Q. Where are you employed and in what capacity? A. I'm employed by Collier County in the Storm Water section as a Principal Project Manager. Q. As part of your duties in that position, do you review permit applications to determine whether a permit can be issued or not regarding drainage easements that the County has and things like that in flood areas? A. Yes. Q. In this case, did you go out to the ... well, let me ask you this ... what did you do in this case? Did you go out to the site? Did you review anything? A. Yes. We went out to the site in late October and then early in November of last year as a result of the Code concerns and the complaint. Q. Were you able to determine if the County had a drainage easement in the property where this construction had occurred and that you have heard testimony about today? A. Yes. I am very familiar with the neighborhood. I am familiar with the drainage system for the whole neighborhood. Yes, there is a forty -foot drainage easement behind — in the back yards of principally every lot in the neighborhood. Q. And in looking at — in going out to that site — the pond and the work that you observed, would that be something that a person could get an after -the -fact permit for ... or would you be the individual who would deny it because of the drainage easement that is in place behind that residence? A. Yes, I would be the individual to deny that permit application because the County does not allow anything of this nature to be installed in a drainage easement. Q. As far as the drainage easement itself, the easement has not been vacated by the County or anything of that nature, and it is your understanding that it is still a viable easement, is that right? A. Yes. Assistant County Attorney Noell: That's all the questions that I have for this Witness Patrick White: If I may, Mr. Chairman? Patrick White questioned the Witness: Q. Mr. Kurtz, it's good to see you again. I'm assuming you have reviewed the plat. A. Yes. Q. For Edgewild Boulevard and that's where your conclusion that the County possesses a forty -foot drainage easement arises from? A. Yes, as well as a South Florida Water Management District permit. Q. The permit authorizes an easement? 32 Packet Pg. 35 4.A.1 January 15, 2020 A. No, it's indicated on the permit. Q. Then they rely on the public drainage easement that was created by way of the plat to have authority to be able to regulate Storm Water Management? A. Yes. Q. Okay. That I agree is not easy to understand. I mentioned earlier the boundary survey — the sketch of the boundary survey — that was provided incorrectly seems to indicate that this is some kind of lake maintenance easement across the rear of the subject lot. That's not the case, is it? A. No, sir. Q. South Florida doesn't consider it to be a lake maintenance easement either, does it? A. No. Q. Does South Florida have jurisdiction over any request to vacate some, or all, of the forty -foot drainage easement, if one were to be applied for through the County? A. Yes, I believe they would. Q. They would have jurisdiction? Or would they be sought as a Review Comment? A. They would be sought — definitely — as a Review Comment. Q. But, again, the only legal authority arises through the general permit that they issued for the subject plat and the property in particular — is that correct? A. I believe so. Vice Chairman Nolton: That would violate the permit. Patrick White: I'm not suggesting it wouldn't. I'm simply trying to draw the lines here as to what it is and who it is that has any responsibility or authority were there to be a request to vacate some, or all, of this drainage easement. I want the Board members to understand that as cleanly and clearly as possible. Richard Joslin: Wouldn't that be justified by a variance ... or couldn't they ...? Patrick White: It's not called a variance, it's called a vacation — the public's rights in the property are removed and the private landowner who was burdened by the drainage easement would be allowed to do something other than — they would be allowed to do the same things that they were doing on the rest of the property. Q. So, the next part of my inquiry goes to the notion a permit that apparently ... from what I can understand from the record ... was issued at some point in time for the installation of what I believe were thirty -six-inch culverts. Are you familiar with that? A. I'm not familiar with the permit, but that's my understanding as well. Q. As to at least this subject lot, are there one or more thirty -six-inch culverts within the forty -foot drainage easement? A. There are culverts within the draining easement, yes. Q. And do those culverts provide the function of what otherwise would be the purpose for the drainage easement for Storm Water Management purposes? A. In my opinion, ho, they would not. Q. And that is because ... 33 Packet Pg. 36 January 15, 2020 A. Because the Water Management area in the easement behind everybody's house was designed with a specific volume to hold and attenuate storm water. When you replace that volume with two thirty -six-inch pipes, there's a loss of volume as a result and that's not something that I would approve. Q. Understood. Relative to the adjacent properties along the rears of the lots on the east side of what's been re -designated from Edgewild Boulevard to The Lane, are you familiar with what the status is of vegetation and impact on storm water flows through the forty -foot drainage easement? A. Yes. Q. And is this property an exception to the general condition of allowing storm water flow through the forty -foot drainage easement or is it somewhat similarly situated? What I'm trying to get to ... is it more of a plug or less? A. In my opinion, it is a restriction to the original design of the system, yes. Q. And would that be the case prior to the installation of the koi pond? A. Yes. Q. Okay. So, what I'm driving toward is what may be the probability or not of the Board of County Commissioners — who have the ultimate authority for the vacation of a portion of a plat's easement — being presented with the matter and being able to make a reasoned determination that, based on the prior existing circumstances before the pond was built, that there was already sufficient impact to the capacity of the drainage easement and they may choose to override Staff's objection. I'm just trying to view that as a hypothetical because it goes to the notion of — at some point — whether it has to be removed or there's some way to retrofit and provide the function that the drainage easement is supposed to do given that, over the course of time since it was platted, there have been all kinds of vegetation ... as it looks to me from the aerials ... that has grown in and minimized or restricted the original capacity for storm water flow. So, I'm just looking for a way to ... Terry Jerulle: Let me try to ... Patrick White:... simplify it. Terry Jerulle: ask a question of Mr. Kurtz. Terry Jerulle questioned the Witness: Q. There's a drainage easement there — correct? A. Yes. Q. The fact that somebody fills in the drainage easement — does that vacate the drainage easement? A. No. Q. The fact that somebody plants trees in that drainage easement — does that vacate the drainage easement? A. No, sir. Q. The fact that somebody puts a koi pond or accessories in that easement — does that vacate the easement? A. No. 4.A.1 34 Packet Pg. 37 January 15, 2020 Patrick White: But I think if you just look at what's displayed on the monitors, you can see that the adjacent properties are ones that, you know ... Terry Jerulle: I've fought this fight several times, Mr. White, it's still an easement. Patrick White: I understand that. But I've been the guy who has been asked as an Assistant County Attorney to review vacation requests. And these are things that, in my experience that I've had to balance the concerns for in offering Staff some guidance. So, I'm simply trying to rely on that experience in my questions to Mr. Kurtz and our discussion to be able to evaluate at the end of this, just what may come out of it for the Respondent in terms of options and opportunities. Chairman Lantz Questioned the Witness: Q. So, this picture up here ... this is showing the inside of what is the easement? A. Yes. Q. Now I see notes that say, structure, koi pond, and aquaponics — is that the whole ... the thing that was built is inside this easement or it is only a portion of it? I'm just trying to clarify how much we're talking about here. It looks like there's some palm fronds blocking my view of what is actually there. Patrick White: I think there was a sketch that showed it may have been around thirty feet from the interior line of the drainage easement toward the rear property line that the koi pond related structures impact. About three-quarters of the drainage easement is consumed by it. Q. So, what I'm concerned about is ... if the koi pond ... I don't know how big the koi pond is. The easement is forty feet ... is the koi pond one hundred feet and twenty feet into the easement or is the koi pond basically thirty feet and thirty feet into the easement? A. When you include all the piping and all the other structures involved, it's pretty much ... the whole easement is impacted. Q. I understand the whole easement but what percentage of the koi pond are we talking about is impacting the easement? I understand that the whole easement is being impacted but are we talking a small part ... like ten percent of the pond needs to be moved or are we talking about pretty much the whole thing? A. No — it's substantial ... it's much more than ten percent. Q. Over fifty percent? A. Of the pond structure itself, I'd say over fifty percent, yes. Patrick White: And based on where the guest room is, and other structures outside of the drainage easement, there really wouldn't — at least in my determination — be any area where the pond could be relocated to that was outside the forty -foot drainage easement. Would that be a fair statement? A. Yes. Patrick White: Thank you. 4.A.1 35 Packet Pg. 38 4.A.1 January 15, 2020 Terry Jerulle: One quick question, Mr. Kurtz. Different entities have different requirements. Do you require an as -built survey after the permit is issued to ensure that the drainage easement has not been impacted? A. Yes, we would. Terry Jerulle: Thank you. Chairman Lantz: Mr. Bass, do you have any questions. Cross -Examination of the Witness by Respondent's Attornev: Q. Some of the questions may already have been answered, but I'd just like to make a couple of things clear, Mr. Kurtz, if I could. Some of the Board members have touched on it, but you have not actually measured it to see how much of this ... how much of what was done goes into the easement, have you? A. No, I have not. Q. And you're just basically giving us your best guess, aren't you? A. Well, I walked all the way around it a few times. Q. But you're giving us your best guess, aren't you, because you haven't measured it? A. I have not measured it. Q. Okay. And I guess — just to make it clear — even though you claim this is an encroachment, there was already an encroachment before the kos pond was even built with the filling in and the placement of the culverts. There had already been an encroachment, correct? A. Yes. Attorney Bass: I have no further questions. Chairman Lantz: Any other questions? Patrick White questioned the Witness: Q. Just to clarify, if I may? The Witness has testified that there is an encroachment but was the encroachment, if you will, permitted for the purposes of installing the culverts? A. It's my understanding the — yes, as part of the house — the original house construction is the best that we could determine. It was addressed in the original house permit. Q. Do you know when the piping and the permit were installed and issued? A. No, I do not. Q. Have you seen or reviewed a copy of that permit? A. No, sir. Q. To the best of your knowledge, does the County have a copy of the permit? A. To the best of my knowledge, we do. Vice Chairman Nolton: In ... I just — encroachment ... I mean, encroachment to me means that we built something or did something over an easement versus changing an 36 Packet Pg. 39 4.A.1 January 15, 2020 easement. I can have an easement and it can be designed with pipes or a boxed culvert or something like that versus an open channel flow which is what it was originally designed for, so my understanding is the open channel flow was altered to a culvert flow on this property. I don't know that I could call that an encroachment versus a modification of the design of the flow. Patrick White: They're still both within the scope of what the easement intended and the purpose for which it was platted and dedicated. They both perform drainage functions. By putting the physical piping into the drainage easement, I think that was the intent of what Mr. Bass was referring to — and if I'm mistaken, Mr. Bass, I ask you to help us better understand. (Attorney Bass' off microphone response was not recorded.) Thank you. Chairman Lantz: Mr. Noell? Assistant County Attorney Noell: No further questions. That ends the County's evidence. Chairman Lantz: Okay. Patrick White: Do you want to reserve the right to rebut? Assistant County Attorney Noell: Yes, but I don't think I need to reserve it. I think the rules allow for rebuttal if I need to call for a rebuttal witness. Reto Kramer was called to the podium to testify. Cross -Examination of the County's Witness by the Respondent's Attorney Attornev Bass auestioned Reto Kramer: Q. Mr. Kramer, you live in a Homeowners' Association [community], do you not? A. That is correct. Q. And did you apply — you did apply for permission to build this, didn't you? A. Correct. Q. And was there an investigation conducted by the Homeowners' Association? A. The only thing that they cared about was the distance from the backyard ... from the fence that goes to Tiburon to the back of the structure. Q. Okay. And they approved this project, did they not? A. That is correct. Q. Are you telling the Board that you were unaware of any kind of set -back restrictions? A. What do you mean? Q. Well, for this project to be built, are you saying that you were completely unaware of any set -back requirements? A. That's why I checked with the HOA. Q. Okay. So, you checked with the HOA and they approved the project. Was there any kind of project depiction that was given to them — a schematic of some kind? A. Yes, the same schematic that you have in the [packet] ... yeah — it was discussed, it was emailed back and forth — what the actual distance would be, and it was agreed on a distance that worked. 37 Packet Pg. 40 4.A.1 January 15, 2020 Q. With the drainage easement having been covered over, if you will ... with the culvert — were you aware there were culvert pipes in this easement that services your property? A. Yes, I was aware of that ... yeah. Q. Were you aware of that condition when you bought the property, or did you do it? A. No, it was in that condition ... it was built together with the house and it was in that condition from the original builder. Q. Isn't it true that it was your understanding that, because of the culvert pipes being there, you could utilize more of the property including inside the drainage easement? A. This is nothing that I can decide ... it's something that the permit would decide or ... the HOA seemed to have no problem with it, so ... Q. But you didn't have a problem with it? A. Nope. Q. And the HOA didn't have a problem with it? A. But the Collier County Code Enforcement ... probably would have to be the one that makes that decision. Q. You want to keep the structure, don't you? A. At this point, if it would be working — it would be great. But he would have to rebuild the whole thing because it's not going to work this way. Q. That's a separate issue. You do want to keep it, don't you? A. Yes. Attorney Bass: I have no further questions. Patrick White: If I may, Mr. Chairman, just to clarify? Patrick White questioned the Witness: Q. Is the document that you were referring to as the "graph" or "sketch" — does this depict — I would ask if the Witness could review this (displaying), so I know what it was that he was referring to as part of the interplay with the HOA seeking its approval? It's the `Sketch of Boundary Survey' provided by — prepared by — Benchmark Land Services, Inc., that's annotated with a drawing and words talking about "depth of pond," and "waterfall on top of ground," and "paver patio" with some dimensions. It looks like it is Page 112. I apologize for not knowing that beforehand. I like my print-out better so, thank you, Mr. Bass. I believe you provided those. A. Yes, that's the one. Q. That is the one. And was it your understanding that the HOA — in granting its approval — was telling you that, from their perspective, they were going to indemnify you or hold you harmless if the County came after you? A. No — absolutely not. Q. I did not think so, but I just wanted to understand. A. We just checked with the HOA — would they allow this as the HOA because nobody really has something like this. So, I wanted to make sure it was according to HOA guidelines and we were not doing anything that the HOA doesn't allow. 38 Packet Pg. 41 January 15, 2020 Q. Correct. A. That was the first step. And, obviously, the rest of the steps would have been done by Williams Magical Garden. Q. We certainly understand, and I think that's why we are here today. But my point is it was never your understanding that the HOA had any rights to the drainage easement or control? A. No, no, absolutely not. Q. So, for the purposes of their approval, it didn't authorize work to be done in the drainage easement? A. No. Q. Thank you. Richard Joslin: I think it was just the fact of giving their approval that it could be built ... Patrick White: But it didn't ... Richard Joslin: not that they allowed it to be built. It was just their opinion ... what an HOA does — they give their `okay — it looks pretty and falls under our guidelines, so you can do it.' But then it goes before the permit aspect to find if it can be built. If it can't be built, then the HOA doesn't matter anyway. They should have gotten the authorization first. Patrick White: I don't disagree with your statement at all. I was simply trying to make clear for the record that the HOA did not have any rights with respect to the drainage easement. Richard Joslin: Right. Patrick White: And, thus, its review was exclusive of that and only pertained to whatever would be in their Restrictive Covenants, Declarations, et cetera, the governing documents pertaining to the HOA and its ownership. Chairman Lantz: Can I draw your attention to Pages 193 and 194 in our packet? This is an email and I'm curious as to who chipkcapnaples.com is because he wrote: "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 could, in a very unlikely scenario, insist part of the feature be moved out of this easement." Who is Chip? Reto Kramer: He was the HOA Director at that time. Chairman Lantz: Okay. Patrick White: He was the Executive Director for the property management company? He was not one of your Board's or HOA Board members? Reto Kramer: I think he was the President of the Board. Patrick White: Well, there's big difference between a hired employee of a property management firm or property management company and being the actual President of the Association, as I am. Believe me, I know the difference. Reto Kramer: As far as I know, he was the President of the Association. Patrick White: And he lives somewhere within the community, to your knowledge? Reto Kramer: I don't know. Patrick White: All right. 4.A.1 39 Packet Pg. 42 4.A.1 January 15, 2020 Assistant County Attorney Noell: I have a question on rebuttal. Collier County's Rebuttal by Assistant County Attorney: Q. Mr. Kramer, did you speak to Mr. Williams regarding whether a permit was needed or not for the work that was performed? A. I was just asking Dana [Torkko], you know, if there was any permitting and she answered, "We have been doing this for forty years — don't worry about it — we have everything under control — we know what we're doing." Q. Did she or Mr. Williams ever represent to you that they had called some Staff member from the County and was told they didn't need a permit? A. No, no. Assistant County Attorney Noell: I have no further questions. Attorney Bass: I do have a couple of questions. Cross -Examination continued by the Respondent's Attorney: Q. First, sir, your dog fence ... was that within the forty -foot drainage easement? A. It was from the property line to the property line, so it was as close to Tiburon as it gets. Q. So, it was well within ... inside of the forty -foot area, right? A. Yes. Q. And ... also ... so, it is true, then, before the project got started, you were warned this could encroach on the easement? A. Well ... Q. Isn't that correct? A. The HOA brought it up but, again, they are not in charge of this. Q. But my question is you were warned there could be a problem, correct? A. Yes. Q. And you ... did you bring that to Mr. Williams' attention? A. I brought it up to Dana's attention, yes. Q. So, would it be fair to say that you assumed the risk of this problem? A. By the way, this email was forwarded to Dana, too. Q. I'm sorry? A. This email was forwarded to Dana, so she was aware of this, too. Q. Sir, my question is: Is it fair to say that you assumed the risk of this problem? A. No, because I was under the impression that the next step would be to check with Code Enforcement — if this project would be allowed. Attorney Bass: No further questions. Patrick White: Can I clarify and direct your attention to Page 152 in the packet? Patrick White: The question that Mr. Bass asked you about a fence — the only 40 Packet Pg. 43 4.A.1 January 15, 2020 fence I see on this WilsonMiller-prepared `Map of Boundary Survey' shows the fence to be in the non -platted area which would be further to the east and outside the drainage easement? Reto Kramer: The fence was built by us. Patrick White: I'm just asking you to look at it ... is that the fence we're talking about? You see it's ... further to the east at the rear of your property. Looks like it's actually outside your property, according to the survey anyway. Reto Kramer: I would say that's probably the fence from Tiburon. Patrick White: That's Tiburon's fence. So, the dog fence is something else? Reto Kramer: Yes, it's right next to the ... well, obviously, where the Tiburon fence is, we don't need a fence because Tiburon already has a fence. So, it would be on both sides of the easement and connected to the Tiburon fence. Chairman Lantz: Approximately when did you put that fence in? Reto Kramer: I would say ... probably – I don't know – about six years ago. Chairman Lantz: This survey is dated June 22,1999 ... so the fence had to be there. Patrick White: Are you saying that your fence is perpendicular to Tiburon fence and its on the side yard? Reto Kramer: On the side and then it goes back in where the walkway is on both sides. Chairman Lantz: Back into ... Vice Chairman Nolton: Back into the house to create a secure ...? Chairman Lantz: Right. Patrick White: But the fence itself is on the sides of your property? Reto Kramer: Correct. Patrick White: It doesn't go across the rear property line? Reto Kramer: Correct. Patrick White: So, the only "encroachment," if you will, is on top of the property where it goes into the drainage easement at the rear. Reto Kramer: Correct. Patrick White: Got it. Chairman Lantz: Any other questions? Mr. Bass, the ball is in your court. Richard Joslin: Where does the pond stand today—is it still there? Reto Kramer: The pond is still kind of there, yes. Pond is in pieces and we had to drain the water out. You can see the liner. Richard Joslin: Is the area secure now? Reto Kramer: On the fencing side, yes. We couldn't use ... however, for the last one and one-half years we couldn't use that property because it looks like a construction zone, and its very unsafe there, too. Richard Joslin: Right – that was my point. Respondent's Case in Chief was presented by Attorney Bass Respondent, Thomas R. Williams, was called to testify. 41 Packet Pg. 44 4.A.1 January 15, 2020 Attorney Bass Questioned the Respondent: Q. Mr. Williams, just very briefly, tell the Board your name and address and the business that you are in. A. I'm Tom Williams and I own the company called Williams Magical Landscape at 1717 Pine Ridge Road in Naples. I've been in the business for fifty-three years and this is the first time that I've ever even seen the Board. It's kind of a surprise. We've also done this kind of work for fifty-three years and I'm surprised that a lot of the conversation here regarding permitting items that we haven't ever had to do, and I've never gotten a memo that said we had to do it. I'm surprised and perplexed that these things have taken place without our knowledge. As an everyday contractor, we should know these things and be reminded periodically of things that are newly permitted and so we can comply to things like that. I feel that what we've done has been in good faith from the very beginning and would have been finished provided we were able to correct our differences. We needed additional funds at the end of the work —just the final payment — so we could pay our crews and finish the job. We were, like, thirty -thousand dollars over and above what we were being paid for the job already and we needed money to get through the Christmas season that year and to finish the project as well with the labor that was required to do the three or four small things that had to be done. Q. Can you tell the Board if this kind of project that was done here — have you done projects like that before? A. we done hundred of ponds, pools, pavers, pergolas, irrigation systems, landscaping of all kinds, on easements of all kinds, throughout the entire County — every kind of easement imaginable. Q. Right. A. Without any question or problem. Q. What about pulling permits? As you heard today from the Building Official — this project didn't have a building permit. A. We know that there are items that we have to have permits for ... like ... irrigation systems, we pull permits for. If we're doing work in a swale, we'll pull a permit for it. Wherever pavers abut a right-of-way, we have to pull permits for it unless its in an HOA where we don't have to. But there are a few things that we pull them for, and we do it as necessary. We didn't see the need here in this case from the very beginning. Q. Okay. And for the electrical work that was done on this project, was a licensed Electrician ...? A. We hired a licensed Electrician to do the work. We knew it required a permit. Q. Who was that? A. I'm sorry ... I don't have that information with me. My manager who was supposed to be here with me ... has that information ... I don't have it. Q. Is she now working for someone else? A. No. She works ... well, the company has been sold. She does ... in that fact ... work for someone else. And she's very busy working for that company. Q. I understand. Are you familiar with how the ponds were serviced ... what's the correct word ... how they got water? Are you familiar with it for this project? A. How they got water? Oh, yeah. 42 Packet Pg. 45 4.A.1 January 15, 2020 Q. Please explain that to everyone. A. Initially when we were first putting the project together, we ran the water off of a hose which we thought was well water. It was not. We actually filled the pond with city water off of the house — which was potable water — and ran it to a little flotation valve that creates the water ... keeps the water level high. And we did change it to a non -potable line within the irrigation system. Q. Could you explain that the Board because I know there were questions about that earlier. A. Early in the ... we had an irrigation line after the vacuum breaker on that line, that is non -potable water, it is kept separate from house water and from potable water in that respect with the vacuum breaker. Q. So, initially, it was off of a hose and then later changed? A. It was only a temporary installation but it ... was later hooked up to the auto fill by a pressure line off of the water system after the fact or after the potable division of vacuum breaking. Q. Did you hear Mr. Kramer's testimony that this project has never been finished? A. Well, I agree with him — it hasn't been finished. From the beginning of the project, we had some serious difficulties in that — the one very unusual thing about this pond was that it was — part of it was within the water easement where there was a ditch that was ... had a tremendous amount of water — it was in the rainy season. And so, there was a whole lot of water in it. We actually had to dam that and pump it dry which was a comedy of errors for sure for several weeks. I wasn't around to supervise it at that time — I didn't become involved until late November of that year. But we eventually got it under control and put it together, but it did take a whole lot of time to get past that point in the project. Q. Are you saying that because of the area where this was built — that it was low there? A. No, because it was in the water easement and adjacent to the culvert. Part of the pond lays right against the inside culvert. And that culvert was sitting in the water in the ditch. So, the water in the ground — the water level of the ground was only like a foot below — two feet below the surface of the ground. So, we're dealing in water and had to pump it dry to put a liner in and the you had to fill the liner to keep it from flooding which was, basically, what we did at that point. It did take a lot of extra time. Q. There have been statement and questions about how much of this project was within the forty -foot easement that we've been talking about. So, can you tell the Board how much of it is within that easement — that forty -foot area if you will? A. Well, because from the very beginning, we felt that we were free and clear to use that easement as we needed to ... I really haven't measured that, but I would imagine that the pond itself is probably three feet into the easement. But, behind it there, are areas of fill which we made into waterfalls and a river that backdrops this whole picture. And, in doing that, we were on top of the drainage easement with the berms and the water feature that kind of wrapped around the pond. I don't know if you saw that — thumb plug ... whatever it is you put in the computer to see the project ... you'd get a pretty good idea of what the project looks like. Q. Mr. Kramer testified about palm tree roots penetrating the pond? 43 Packet Pg. 46 4.A.1 January 15, 2020 A. Well, that's a very unusual situation. The pond [liner] is made out of 50 -mil rubber and in cases where there are other ... trees adjacent to it, we put in a double layer of it ... 100 -mil thick rubber. It's really rare for a pond to ever penetrate that. Q. Can you talk about the necessary precautions that you should have? A. In every case that I've known ... in our whole history, we've done that. Q. Okay. And there was also some talk about ... testimony about walls collapsing. Do you know what he was talking about? A. Because we were pushed off the property, I was not privy to that information. I haven't seen it and I haven't even seen a picture of it. There were a lot of things that Mr. Kramer complained about that there were no pictures for even though he mentioned it several times, we haven't really seen it. Q. Why do you think you were pushed off the property? A. We got a letter from his attorney that said for us not to come on the property and, basically, to cease and desist. At that time, he was going to take the remainder of our funds and have someone else finish it with those funds. Q. You said you thought you were free and clear to build on this forty -foot area that we've talked about. Is that something that you had a discussion with Mr. Kramer about? A. Well, I personally didn't because Dana — who was supposed to be here — was the person who sold the project and discussed those things with him up front. But I have been privy to all that information over and over again, as we mulled it over in our minds to be prepared for this discussion. And, we understood through all the texting back and forth between the HOA and Mr. Kramer which we had copies of — he gave them to us — and as we discussed the project from the very start — that the HOA had — they even had their attorney check with the County for the viability of this in that location. And we felt completely exonerated to go in and do the work that we did at that point without any restriction whatsoever regarding the location of it within that drainage easement. Q. All right. A. I would like to make a statement, too, if you wouldn't mind. Q. What would you like the Board to know. A. I'd really like to say right up front that the Kramers are really nice people — they have wonderful kids — they wanted something very special. Not everybody can afford to do that — this was created almost like a Disney -like installation. I mean it had a lot of different components that were hard to put together. And there are a lot of things that come up when you're doing something totally unique that requires a lot of attention and a lot of patience. Throughout this project, Mr. Kramer is a very detailed person and a perfectionist, who likes to be right on top of every little thing. And so is Mrs. Kramer — God love her — she's a wonderful person but we did many, many things there two and three times to satisfy them and to meet their goals. And all they wished to do was to make something special for their family, and I really admire that. And I'm really shocked at this point to have this kind of concern over such a simple thing. And when it's all put together, there are really two points to make. Number one, the culverts were already there, and they've been there for many, many years. Why in the heck 44 Packet Pg. 47 4.A.1 January 15, 2020 didn't the inspectors in the building catch it if it's illegal at that point for them to be there? I can't understand that. They got permission from the people in power to do this project and in good faith, hired us to do the work which we can do, and we do every day. And in doing that work, we ran across these obstacles and then at the end, the Code Enforcement feels that we should rip it all out, haul it all away, and clean it up and leave it with new sod and level in the back — but leave the culverts there. It makes no sense to me at all because if the culverts can remain, why can't this beautiful picture? I mean, it makes no sense. If this should come out, the culverts should come out and he should have a ditch in his backyard like everybody else does on that street. The ditch is ugly, it's not maintained and at least, in his case, it was, and it looked really terrific and people really loved it. So, I think the thing to do is to restore it — make it where — which I can do easily but I can see we're not going to agree on a few terms ... and do this thing right and be done with it. Q. When you say restore it, you're talking about getting into a condition ... A. Put it back to where it should be right now. I told him throughout ... this structure here ... this kind of installation requires a great deal of maintenance. You have to be on top of it on a regular basis. At that time, that was a service that we offered but I wasn't vying for the job ... I just told him it had to be done. And he didn't seem to want to get his hands into it to be part of it ... he just kind of wanted to ride over the top and find fault with every little detail of it, which is really hard for me to deal with because I'm a `do-er' — I like to finish things. At any rate, I think that putting the proper components together that are there, revising the ones that exist that had fault or negativity about them, and putting it back with the understanding that there is a maintenance factor that has to be done there or you don't even need a pond. If you're not going to maintain it, you don't need to be any part of it. And he needs to be part of it to continue on with it. They should have it if it's something that they enjoy. Q. Okay. I have an point -of -order kind of question as far as the defense packet ... you know ... providing all the copies that were required ... as far as introducing them as evidence. Do we do that separately or it is kind of ... you already have your copy to use for that purpose? Assistant County Attorney Noell: I believe that in the packet, the defense copy is also part of that packet. If the Board has through Page 257 in the evidentiary packet? Chairman Lantz: Yes. Assistant County Attorney Noell: So that ... Attorney Bass: So, the defense packet is in evidence? Assistant County Attorney Noell: It is. Attorney Bass: I don't think I have any further questions. Respondent Williams: Did anyone actually see the video that was turned in with the packet? Attorney Bass: There was a video with it. Respondent Williams: The thumb drive that was in the packet shows this installation in operation. 45 Packet Pg. 48 4.A.1 January 15, 2020 Attorney Bass: Right. Respondent Williams: It's a thing of beauty and you should see it. Richard Joslin: Mr. Williams, I don't think anyone here on this Board is questioning the fact that what you did — or what you can do — the problem is the things that weren't done. Richard Joslin Questioned the Respondent: Q. Now, you stated a little bit ago, that you've done hundreds and thousands of these same installations — hundreds. What prompted you not to check — since this was such an extravagant piece of material that you were going to install — what prevented you from going to see if it even needed a permit so it could be built? A. The experience of having done time after time, and every time in every easement known to man — power easements, water easements, drainage easements, road easements, rights-of-way -- we've never had to have a permit and never had a problem with anything like it. This was the first time for us — we're virgins. We didn't know anything about it. We've never had to pursue a permit in that case. Q. But now you're finding out if you had applied for a permit, it would have been turned down. You wouldn't have been able to build this under the terms and conditions of the permit applications — if you would have filed. Now, because it is a picture of beauty, doesn't give you the right to just go and do it because you've done it in the past. I mean, I've been in business here for forty -years in Naples and I always check to make sure ... even if an HOA says I can build something ... a commercial pool ... or put it on certain setbacks ... if I'm allowed to do that. An HOA will say, `sure you can do it — no problem at all' because they don't care ... they don't check the with the County. They are just looking at what they're looking at ... it's your job to go the rest of the way and follow it all the way through to get the actual permit. You knew you needed ... [Significant cross -talk occurred... both parties, Mr. Joslin and Mr. Williams, were speaking over each other ... the comments could not be distinguished.] Patrick White: Gentlemen, one at a time, please. You cannot both speak at the same time. Attorney Bass: You're talking over him. Patrick White: One at a time, please, gentlemen. Richard Joslin: I'm just appalled at your actions, basically. For as many years as you have been in the business — you missed a big step that should have been done. Terry Jerulle: Mr. Chairman? Chairman Lantz: Yes, sir. Terry Jerulle: May I? Terry Jerulle questioned the Respondent: Q. Did you say you sold the company? A. I sold the company. 46 Packet Pg. 49 4.A.1 January 15, 2020 Q. Who owned it prior to the sale? A. Who owned it? My wife and myself. Q. And who was the Qualifier? A. I have been the Qualifier. Q. You have been. And on the three licenses, you are the Qualifier? A. Correct — for all those years. Q. Okay. Vice Chairman Nolton Questioned the Respondent: Q. Mr. Williams, you stated earlier that you have pulled permits in some situations if I understood you -- right? A. When we've been informed. Q. Well, can you tell me again, when you had pulled permits? A. I never pulled a permit for a pond at all, ever. When I've pulled permits, it's either been for irrigation or irrigation near a road or pavers that adjoin a right-of- way ... and you need a DOT (Department of Transportation) permit for that ... for new irrigation going into a property — you need to have a permit for that and I've pulled permits for that. Q. And I think you also said if there was a swale in the front ... earlier you said about pulling a permit if you were going into a swale in the front of a property? A. Into what? Q. A swale ... a drainage ... where there's a ditch in the front, you said something about needing a permit there. A. Many times, we'll be asked to put a permit ... I'm sorry ... a culvert under a driveway when someone has a new residence and we put in pavers out to the road, we have to get a permit for that culvert — for the way its treated with the concrete on both ends, and so forth, which we've done — a few times ... not a lot. Q. Why do you have to get permits for that? A. It's in the County's swale. Q. Which is a drainage easement? A. Yeah. In Golden Gate, everybody's got one. [There was an off -microphone conversation between Mr. Williams and Mr. Bass.] Respondent: She's here. Chairman Lantz: Mr. Noell, do you have any questions? Assistant County Attorney Noell: Just briefly. Cross -Examination of the Respondent by Assistant Countv Attornev Noell: Q. I'm going to show you Page 111 in the evidence packet. (The document was brought over to the Respondent to review.) Sir, is that the Agreement ... the contract that your company entered into with ... A. Yes, it is. [Respondent said something about 'missing'...] 47 Packet Pg. 50 4.A.1 January 15, 2020 Q. I understand. In the contract that your company wrote up, I believe it is signed by Dana Torkko. She was authorized to enter into agreement on behalf of the company at that time. A. Yeah. Q. This is the contract that the company entered into, is that right? A. Yeah. Q. Okay. When you look at Item 1-(e) in that contract, part of the job description is to have "electric and plumbing," that's stated there in the contract? A. Correct. Q. Okay. [Assistant County Attorney Noell returned to his podium.] Assistant County Attorney Noell: I have no further questions. Terry Jerulle: Mr. Chairman? Chairman Lantz: Yes, sir. Terry Jerulle: May I ask another question, please? Terry Jerulle questioned the Respondent: Q. Something just keeps bothering me, Mr. Williams. I think you said several times that you didn't get the memo — meaning ...? A. I'm not talking about any specific memo — we don't get information coming down from the County about what any new rule might be or what new requirements are necessary. Q. Okay. I understand, I think, what you're saying. A. It wouldn't hurt to get a memo once in a while. We know you guys are around here. Q. When you say, `you guys,' I'm a contractor like you, Mr. Williams. A. You've been there then. Q. Well, I think ... it's my understanding that it is incumbent upon me, as a contractor and as a license holder and as a Qualifier, for me to know when a permit is needed or not. It is not incumbent upon the County to tell me, or know what my business is, or know what work I'm doing to tell me when I need a permit for that work. A. Well, you've heard the term here used "grey area" — so many things have a grey area. Q. No, not in this — that was in relation to another discussion. What ... Mr. Nolton just asked you if you needed — if were doing work in a front swale of a property which is a drainage easement and you acknowledged that you needed it — a permit — to do that. A. That's for a specific ... Q. There's no difference in the back of a property for a drainage easement, is it? Is it Mr. Ossorio's job to tell you when you need a permit or is it your job to find out from Mr. Ossorio ...? A. There is a drainage easement, but we were given the go-ahead by a knowledgeable person who had spent two months getting this permission. We 48 Packet Pg. 51 4.A.1 January 15, 2020 felt total permission from an HOA to do this project. The HOA had even referenced in one of their texts that they had their attorney meet with the County to arrive at this go-ahead — uh — configuration for us to move ahead with the project. Q. Can you reference that ... in the defense packet ... where that is? A. (Respondent turns and speaks to an individual seated near the podium) Do you know where that is? Patrick White: I can't tell you what page ... Chairman Lantz: Is that around Page 193 ... Attorney Bass: The problem is my pages are not marked that way. What they did is they took the County packet and they sequentially numbered them and I don't have them that way, so I can't ... if you've got some other reference ... identifier or reference ...? Patrick White: Did you separately number your pages, Mr. Bass? Attorney Bass: They are not and that's our mistake. Do you have a date? Is it an email or [Assistant County Attorney Noell walked over with a document] Oh, I see ... Chairman Lantz: On Page 187 is where they say, "final Board approval for your project." Patrick White: Understood. Page 187. What I was looking more towards with respect to Mr. Williams' point about "approval" by the HOA giving authorization to proceed because the attorney for the HOA apparently had sought and obtained a copy of the permit that I asked Mr. Kurtz about — that's referenced as I believe E-5858 — but somewhere it says it quoted or attached to an email from Jim Wallace, who I think is with Genova Florida, but I don't know that anyone ever saw or has a copy of what the email says was attached. So ... Terry Jerulle: But my point is — if I were to listen to every client that I worked with and if I were to ask him/her if I needed to get a permit or not — he's obviously going to tell me no. I can't go on that assumption. Attorney Bass: We're going to have other testimony about that. We have another witness who is here ... I was expecting her to be here earlier, but she's here now. So, we have more testimony about that ... about whether there was an inquiry made. Patrick White: If the person in charge of the monitors could turn to Page 201, along with the Board members, at the bottom in Parentheses (4), is where reference is made to the County's permit that had approved the prior work that I assume is related to the installation of the two thirty -six-inch culverts. Terry Jerulle: 20 ...? Patrick White: 201. And there's a suggestion in that chain of communications that somehow the culverts were to (in Parentheses (2) above) ... the last sentence is: "The twin culverts were designed to provide the same storm water capacity required by the swale." Now, that work was done by WilsonMiller supposedly in November of 2001. It goes to the question of whether and in fact, were a vacation to be pursued, the County would be in a position where — based on its prior approval — since no one has a copy of the permit, we don't know what it says — to be held to what seems to be stated in the email about whether, in fact, what was designed could provide the same storm water capacity or the County's position today — as expressed by Mr. Kurtz — is 49 Packet Pg. 52 4.A.1 January 15, 2020 it probably wouldn't be enough. So, it would be great to be able to see a copy of the permit. Attorney Bass: I can tell it's all going to depend on the law of easements and that is a complicated area of the law ... Patrick White: I'm familiar. Attorney Bass: Yeah, it's a complicated area of the law that the easements have to serve a particular purpose and when they no longer serve that purpose, then the law does have a remedy as to whether they are still enforceable as easements. It does require a request to be made ... and maybe even ... Patrick White: Correct. And as I said earlier, the Board of County Commissioners is the only authority ... the only jurisdiction you can go to ... to make that request to vacate a portion of that drainage easement. Attorney Bass: I have to say ... I don't want to argue with you about that. I'm not saying that I agree or disagree. Like I said, the law on easements would apply to this and if the easement is no longer ... for its intended purpose that might be a different ... Patrick White: I understand your perspective and having had to defend against those assertions by contractors as well as attorneys in the past, in conversations with them, I can tell you that abandonment of an easement is a real tough row to hoe. Attorney Bass: I would agree with that. Patrick White: And I've had the issue in the private practice as well. It comes down to documentation. It comes down to Statutes of Limitations, if you will. It is complex. It would require what I call the MIBs ... the judges ... the men and women in black ... to make that determination. Respondent Williams: And the fact that this has culverts in it that have been abandoned for all these years ... does that not ... Attorney Bass: That's a legal question. It's not for ... Attorney Bass: If there are no other questions, I'd like to call my next witness. Chairman Lantz: Mr. Noell? Assistant County Attorney Noell: No further questions. Chairman Lantz suggested taking a break at this point in the proceedings. BREAK: 11:55 AM RECONVENED: 12:05 PM Chairman Lantz called the Public Hearing to order. Respondent's Case in Chief - Continued: Dana Torkko was called to testify on behalf of the Respondent. Examination of Respondent's Witness by Attorney: Q. Would you please tell the Board your name and address and what kind of work that you do. 50 Packet Pg. 53 4.A.1 January 15, 2020 A. Dana Torkko and I work at Williams Magical Garden Center and Landscape, 1717 Pine Ridge Road. Q. Is Mr. Williams your employer? A. He is not now, but he has been for the past eleven years. Q. And is that how long you have worked for this company? A. That is correct. Q. I guess it's a new company that has the rights to the name? A. Yes. Q. Would you please tell the Board whether you're familiar with the Kramer project? A. Yes, completely familiar. Q. Okay. Have you handled projects like this before? A. Not to this size, no. This would be my first, personally. Tom has but I have not. Q. Have you worked with him on projects like this? A. Yes, sir. Q. All right. And have you, in the past, and for this project, inquired of the County about the necessity for a building permit? A. Yes, I have. Q. Did you do anything like that in this case? A. Yes, I did. Q. Would you please tell this Board what you did. A. Before this project and in discussing this project with Mr. Kramer when we were just at the planning stage what he was looking for, for his yard, the designing phase — I called the County and gave the dimensions of what the pond would be, the depth of what the pond would be — on three different occasions ... twice by myself and once by my assistant and the County said we did not need a permit because it was considered to be a pond. Richard Joslin: Did you show them a site development or a survey? A. I did not. Attorney Bass continued: Q. Do you know if you told them about the potential electric or plumbing work to be done? A. That I did not. We didn't go into details about how it would be plumbed and that. The just wanted the size measurements and what it would be used for which would be for koi. I told them it was going to be for hydroponics because they wanted to grow their own garden, so that was the discussion with the County. And they said no, it did not need a permit. Q. There is a contention that under the licenses that Mr. Williams held, that electrical or plumbing subcontracting could not be done. Has the company done that in the past? A. We have. It was the first time that I'd been made aware of that but underneath his unlimited license, if you were hiring a licensed contractor to do the work, that contractor would be responsible to go pull his permits for his responsibility. Q. What is the electrical contractor's identity? A. Kingdom Electric. 51 Packet Pg. 54 4.A.1 January 15, 2020 Q. Did you have discussions with Mr. Kramer about this project? A. Yes, many. Q. What discussions, if any, did you have with him about this — what we've been talking about — forty -foot easement. A. We went back and forth with the easement because it was less than thirty. I was never given a forty -foot easement. It was always a thirty. It was a thirty-foot discussion from Mr. Kramer. It was a thirty-foot discussion from the Homeowners' Association — the President of the Association. So, I was unaware of a forty -foot drainage easement. So ... Q. What was the discussion about the culvert pipes or anything like that? A. There was a discussion about the culvert pipes. If I remember correctly, Mr. Kramer was not even sure if the culvert pipes were permitted because they were put in by — I guess it was the General Contractor who owned the house prior to and that was being put in after the house was built ... was to my knowledge of the discussion. Q. We've had other discussion from County personnel about that today. Was it your understanding that he was completely --- Is it your understanding that he understood clearly that this was going to be within that forty -foot area? That this construction and plantings were going to be within this forty -foot area? A. Yes. Yes — he was given, and also the HOA was given, a plat plan which specifically states that the pond would start at the thirty-foot line and that the pond would be there. It was my understanding that we could put the waterfalls on top of that easement because of the culvert that was running underneath because it was not interfering with the waterflow that was going on underneath the ground. [Attorney Bass conferred with Mr. Williams off -microphone.] Attorney Bass: I think this is all the questions I have at this time. Assistant County Attorney Noell: I don't have any questions. Patrick White: If I may, Mr. Chairman? Patrick White auestioned the Witness: Q. Welcome, Ms. Torkko. A. Thank you. Q. You said that you've talked to three different individuals at the County A. I did. Q. You wouldn't happen to know names, what department, when? A. It was in the Building Permit Department that was where I talked to ... I don't know the name and I've been searching through our files because I keep almost everything, but I have not found that information as of today. Q. So, it would have been somebody at Horseshoe? A. Yes, sir, it was at the Horseshoe annex. Q. Male — female? A. Once was a male and two females. Q. Could you help clarify what happened from the timeframe from when you 52 Packet Pg. 55 4.A.1 January 15, 2020 worked for what I believe the d/b/a was Williams Magical Garden Center and Landscape. Is that the same thing as Williams Magical Landscaping? A. No, it's always been Williams Magical Garden Center and Landscape. That is the doing business as ... that is the name. And currently. Q. It still is? A. Currently, that is the name. Mr. Williams' company was listed under Williams Magical Garden Center and Landscape, Incorporated. Q. Because I know at some point — it's probably going to come down to those kinds of issues. That's why I'm just trying to get a clear understanding. A. That changed in 2013. It was underneath a sole proprietorship, but in 2013 they became incorporated. Q. And when was this more recent sale to your new employer? A. August 20tH Q. 2018? A. 2019. Q. And who are the new owners? A. Cheryl Stanley. Q. Is she the ... A. Sole owner. Q. And it's a corporation? A. That's correct. The corporation name is Paradise Garden and Outdoor Design, doing business as. Q. Williams Landscape? A. Williams Magical Garden Center and Landscape, Inc. Q. Thank you. Terry Jerulle questioned the Witness: Q. Did I ... did you say that you had not done a project of this magnitude in the past? A. I personally have not, but I have been with Mr. Williams when he has done many different projects. But, me personally, no. Q. You also said you called the County. Did you bring down a final plan of the Scope of Work? A. No, I didn't feel it was necessary after they said I didn't need ... Q. But it has the electrical work and plumbing on it? A. Correct. No, I did not. Again, I was unaware that, underneath the unlimited license, that once we hired a contractor — that he would be pulling that permit. I didn't know we needed a plumber at all. So, no. Q. Do you have any Florida licenses? A. No. Yes, but no. I did just pass my exam for the landscaping license. I'm new — go easy. Q. My question should have been ... at the time you were doing the work, did you have any ... A. No, sir, I did not. Q. Thank you. 53 Packet Pg. 56 January 15, 2020 Richard Joslin Questioned the Witness: Q. In the packet on Page 194 — there was a memo sent on July 23rd and an answer on July 23rd, says, "The Board has approved this installation. " But then it says, "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 could, in a very unlikely scenario, insist part of the feature be moved out of this easement." Were you aware of that? A. I was aware of that and Mr. Kramer was aware of that. And he said that he would take the risk and if they moved and had any issues, he would be responsible for removing it. Q. Were you, as contractor or acting on the contractor's behalf, wouldn't that be an item to check further — to go into maybe we will have to move the project somewhat to miss the easement or just continue because someone said ... A. Honestly, I did not. I did not think putting that on top of the easement with the culvert pipes there so drainage would not be obstructed ... I did not feel it would be an issue, no. Q. Okay. Patrick White questioned the Witness: Q. Going back to the conversations you had with the folks at the County relative to the email chain that Mr. Joslin just referenced, which took place first? A. I called the County first. Q. Before July 23rd A. Yes, sir. Q. Of 2018? A. Yes, sir. I called the County before the contract was ever signed. Q. That makes sense to me. Vice Chairman Nolton questioned the Witness: Q. Dana, I don't see it specifically but it kind of feels like there was an original plan and design ... and it looks like it got modified several times, and it even looks like maybe it got modified before the HOA would approve it — is that the case? A. It was the case. Basically, it had to be modified on site once we started digging into the ground because I didn't want to — I wanted to stay within my thirty feet because that's what I believed I had ... the thirty -feet drainage. So, I had to modify and elongate the pond to meet the specs of what he was looking for. Because I couldn't go back any further because there was a huge culvert there. I had to make it actually longer. Q. So, the way you believed ... you believed the actual pond part — not the waterfall or any of the that — but you believed the pond part sits thirty feet back from the culvert? A. Yes, sir. Q. Okay. A. Right on the line. 4.A.1 54 Packet Pg. 57 4.A.1 January 15, 2020 Chairman Lantz questioned the Witness: Q. One of the things that was discussed earlier when you weren't here, when the Building Official talked about a permit being required, he talked about additional structures — the trellis, the bridge, stuff like that — would have needed to be permitted. When you talked to the County, I know you mentioned a pond. Did you mention any of those other structures? A. I did — I mentioned the bridges. That was it. Vice Chairman Nolton questioned the Witness: Q. Did you happen to mention waterfalls to them? A. Yes, I did tell them there were some waterfalls but no specs as far as what they would be made out of or the height of the waterfalls, but I did tell them that a waterfall would be going into it. They asked me what the filtration would be, and I told them we would have a skimmer installed and we would have a clarifier in the back. So, I did clarify that with them. They said no permit was required. Three times. Patrick White: Three different individuals? Dana Torkko: Three different individuals, yes. Richard Joslin: Was this in Planning or just someone at the front desk? Dana Torkko: No, it was in the Permitting Department — that's who we talked to Patrick White: The Building Department's Permitting Section? Dana Torkko: Yes. Chairman Lantz: Mr. Noell, are you all set? Assistant County Attorney Noell: Just a follow-up question. Cross -Examination of the Witness by Assistant County Attorney Noell: Q. Ma'am, you met with Mr. Ossorio and the Contractors Office Licensing Compliance Investigator in this case. Did you tell them that you had spoken to three different individuals at the County and they all said you didn't need a permit? A. Yes. Q. Okay. You didn't tell them that you had just spoken to one person at the County? A. No, I said three — three different individuals at the County ... at three individual times. I called twice and my assistant called once. Q. Why did you call three separate times? A. To be honest with you, you don't always get the same information when you call the County — every person tells you something different. Q. So then -- you knew that prior to making the phone calls that was your concern — that's why you made three? A. That's why I made three different — I wanted to be sure that I did not need a permit for this job. That's correct. Q. So, to make sure I understand what your testimony is before this Board, you called and spoke to the same person twice and ... I'm sorry ... that's not correct? 55 Packet Pg. 58 4.A.1 January 15, 2020 A. I called two times — I spoke to two different individuals and my assistant called one time and spoke to a different individual. Three different times — calls to the County and three different individuals told us the same information. Q. So, again, it's three different individuals from the County? A. Three different individuals. Q. How do you know that your assistant spoke to an individual who was different from the two ... A. I don't, I really don't. Q. Okay. Was it a male or female who your assistant spoke to? A. It was a male. Q. What does your assistant do for the company? A. Nothing now. She no longer works there. Q. Okay. And you didn't ... do you have any documentation, emails, anything at all that substantiates what your testimony is before this Board under oath today regarding calling the County? A. Again, as I stated, I am still looking for that to this day. No, I do not. The answer is no. Q. Okay. And about ... when did you meet with Mr. Ossorio and the Investigator? A. I met with them a couple of times, but I couldn't give you the date off the top of my head. Q. Back in — I can help refresh maybe your memory ... A. End of October, maybe? Q. So, a few months ago? A. End of October, maybe the beginning of November, I don't know. Somewhere around in there. Q. And, at that time, when you mentioned you had spoken to the County three times, did they ask you the same questions of who you spoke to ... A. Yes. Q. ... and what did you tell them? A. I told them I didn't have that information and I didn't have that information with me at that meeting. Q. Okay. Did you then for the past three months — getting ready to come to this hearing — did you look for any records? A. Absolutely. Q. What records did you look for that you knew you had? A. I have some paperwork where I called in regard to equipment, people I've talked to and reference numbers — I mean, Mr. Kramer's file is this thick, so I've been searching everywhere ... going through emails, going through everything. Q. So, specifically regarding the three conversations that were involved from, I guess, the County's Staff... did you ... do you remember writing that down anywhere or any emails? A. I do. Q. What do you remember? A. I remember writing it down — that's it. If I could find that piece of paper, it would be great. Q. To make sure I understand your testimony to the Board earlier, when you had 56 Packet Pg. 59 4.A.1 January 15, 2020 the three conversations, you folks didn't provide any information on any plumbing or electrical work A. No, sir. Q. ... it was just, `we're doing a pond,' is that correct? A. That's correct. Q. Okay. Assistant County Attorney Noell: I have no further questions. Re -Direct Examination of the Witness by Attorney Bass: Q. I should have asked this earlier — there was some testimony about, I guess ... there was testimony about tree roots penetrating the pond's walls, if you will. Were you ever made aware of any problems like that? A. No, sir, I was not. But in discussing the Royal palms that were there, we put in a root barrier to make sure that those roots would not impale it and there's a pavers path that goes right in front of it, but there was a root barrier that was placed around those palms. Q. I'm not sure it it's a structure — or what you would call the pond and waterfall — but do those kinds of facilities require maintenance? A. Ponds? Q. Yes. A. Yes, if you're going to have koi in it, absolutely. Q. You're talking about inside the pond ... on the exterior of it when you have trees and things like that around? A. Oh, always. Anytime you have trees or foliage anywhere on your property, you have to maintain them. Q. Have you ... Can you tell the Board whether you had discussions with Mr. and Mrs. Kramer about maintenance requirements? A. I did not. I did not get to the end of maintenance requirements. We did discuss the palm roots in the very beginning and that is why I suggested that we needed to put a root barrier down in front of those palms. Q. Has it been your experience that sometime roots will penetrate, even when you take those protective measures? A. I have personally never experienced it ... but they don't last forever. Q. All right. Were there any other kinds of problems that you were aware of in terms of? A. I was. Q. There has been some testimony about part of a wall collapsing. What were you told about that? A. I was made aware that part of the wall had collapsed. I requested pictures to verify it and nothing ... never received anything. Q. Was this after your company was off the job? A. That was after we were off the job, yes. Attorney Bass: I have nothing further. 57 Packet Pg. 60 4.A.1 January 15, 2020 Chairman Lantz questioned the Witness: Q. Can you tell me what you did for a root barrier? A. It's that root barrier paper that has the chemical on one side — I don't remember the name of it off the top of my head. It has that chemical -lined paper ... the root barrier paper. I always called it root barrier. Q. Did you put it underneath the liner? I'm curious because we've heard two different ways of preventing roots, so ... you put it underneath the liner? A. No. The way that his house is set up, the Royal palms are up against the pool enclosure and then there's walkway, and then the pond starts. So to take — not only for the pond but for the purpose of the pavers that were going through — we dug down probably about three feet, straight down in front of those Royals on the outside, and placed the root barrier on the side. Q. So, it's vertical. A. Vertical. That's correct. Chairman Lantz: Any other questions? Assistant County Attorney Noell: No, sir. Attorney Bass: That concludes the presentation of Respondent's evidence. Chairman Lantz: Okay. Assistant County Attorney Noell: The County has nothing in rebuttal. We are ready for our Closing Statement. Collier County's Closing Statement presented by Assistant County Attorney: The County would maintain that the evidence that is before you, through Jonathan Walsh, the Chief Building Official, who stated that the work would require a permit, and also the electrical and the plumbing, and in addition the trellis work, would require a General Building permit. And so, in addition, in evidence is the agreement itself. In that agreement is one of the services that was contracted for in that agreement were electrical and plumbing. Both are outside the scope of the gentleman's license. So, we think that the evidence is sufficient to show that he was working outside of the scope and contracting outside of the scope as well. Regarding the potable water not being the main issue or one of the main issues — I think it's still — because of the way that the Complaint is — is that it alleges that he worked without a permit and I believe with Count I where we allege that.. there's essentially either/or — there are one of two ways that he is in violation. Either through the electrical contracting services which he admitted to — contracting with an electrician — that's outside the scope of his specialty licenses. And I think the distinction that's important here is when it, in Mr. Bass' rebuttal that is part of the evidentiary packet, seems to indicate that, `hey, if I can do — if I'm a contractor and hold different licenses, I can do anything kind of incidental to it.' But those are specialty licenses. When you go to Section 22-162 in the MuniCode, it defines what that type of contractor who can go out and hire the HVAC, the electrical, those really specialized trades — is. And the person who can do that — and I believe the Board has 58 Packet Pg. 61 4.A.1 January 15, 2020 addressed this many times — is the person who is qualified for and responsible for the entire project that was contracted for. In this case, he is not responsible for the entire project that was contracted for. He is essentially three people with three different licenses that allow him to do individual segments of jobs, but not the overall project. If he were a General Contractor, obviously, we would wholeheartedly agree that he could contract out for those services. And I think that in the rebuttal to the Administrative Complaint that Mr. Bass has provided, I think that's the distinction that is being missed and it is critical. He could not, under either one of those three specialty licenses, enter into a contract with an electrician because he would have no way to know whether the work was correct or not. He admitted to that violation. In regard to the plumbing, we heard that the line was dug up and it was clear — at least, it's the County's contention — that it did connect to a potable water line. In Statutory construction, what's important is the definition or the common play language meaning of the word used — that's why we go to a dictionary to see what does potable mean. We heard testimony from Jonathan Walsh that it's the nature of the water, not the pipe that the water sits in. I agree with what Mr. White asserted at the hearing — that it is the quality of the water and not necessarily the pipe or the line that the water sits in. So, it's a description of the water and not a water line. And you heard from the homeowner that they dug up the line and it was directly connected to a potable water [source]. And, finally, in regard to Count II, you heard the evidence that he needed a general type of building permit and the electrical — by his own admission — his testimony was that it needed permitting. And it's our contention that the plumbing did as well. You also heard testimony that if the Board finds that he is in violation of even just one — but we believe that both Counts — that the restitution amount as set forth ... he [Reto Kramer] paid this company $52,000 and incurred, I believe it was, $15,700 in repair work when part of the sides of this five-foot ditch collapsed, and then the cost to have it removed from the area. I think that it is sufficient. The one thing that I want to address is more of a legal argument as I close out. I have a case which I showed to Mr. Bass — but I want to approach and give the Court a copy of the case. [Assistant County Attorney Noell distributed copies of the document to the Board.] Patrick White: And I'm sure that, Mr. Noell, you're going to ask to have it admitted into the County's evidence packet. Assistant County Attorney Noell: Yes, I can. I'll also cite to it, just so it's on the record, it's Hamilton Downs Horsetrack, LLC vs. State, 226 So.3rd 1046. The reason why it was important for the Defense, so to speak, to say that they talked to the County's Staff because that can potentially give rise to a claim the County can now not enforce the violation because they took some action or did something that is contrary to trying to enforce it. And the argument would be: `hey she had called and her representative who wasn't going to testify had called three 59 Packet Pg. 62 4.A.1 January 15, 2020 different times and they were told that no permit was needed. Therefore, County, since you did that, you should not be able to now say a permit is needed.' The case law is really clear on this and I understand that it's a legal argument, but I want to put it out that the Equitable Estoppel — which is what the document is called — is very narrow and only used in extremely limited circumstances against a government entity. In addition, they would have to show through the evidence today that they told the County everything and that the County took a position that is now inconsistent to the position the County is taking today. What's extremely important here is we heard from the witness directly who was the representative who said that she spoke to the County twice and an assistant spoke to the County, and she said she didn't provide any information on electrical or tell the County anything about plumbing or trellises, so all the work — the Scope of Work — that would have caused ... even taking what was testified to at face value and truthful ... what was provided to Staff was none of the work that would have required permits. To say that now the County should not be able to enforce and require permits because `I asked them if I could do the work' — they never provided the County with the information of the work being performed — that defense ... the Equitable Estoppel Defense ... would basically be a way where they could say, `yes we did it but this is a defense to why our action was okay.' And we think it's clear that, based on the evidence, they haven't met the extremely high burden of showing that Equitable Estoppel should apply to the government entity and the testimony on that is pretty clear, we assert. That's my closing and any questions on that, I would be happy to answer. Patrick White: Not to get too lawyer -y ... Assistant County Attorney Noell: Yep. Patrick White:... but you brought the case to our attention. So, which type of misrepresentation to the Equitable Estoppel argument that you're making is it? Assistant County Attorney Noell: That is the other issue. I don't think we have to go that far in our analysis but if it is a mistake of law, then Equitable Estoppel cannot apply against the government. So, if they call and ask a question of a Staff member that pertains to a question of law and that Staff member is wrong, Equitable Estoppel still would not apply — they would still have to get into compliance because it's a question of law. What I would argue is calling up and asking, `hey, does our County law require a permit?' — that to me is a pretty clear-cut question of law, I would assert. Equitable Estoppel would not apply on those independent grounds. Patrick White: Your assertion is that the second layer, if you will, the Russian dolls stuck inside each other, is that it doesn't apply because it's a misstatement of law that was provided to Ms. Torkko by any one or more of the County's employees — correct? Assistant County Attorney Noell: Yes. Yes, and then the 3rd argument would be that the reliance wasn't reasonable because she did not give everything — that's the other part of this analysis because it's basically a doctrine of "fairness" and is it fair to now say that they need a permit if the County had earlier said they didn't need a permit. And that's one of the questions that asks — what about the fundamental fairness of this and was their reliance reasonable? In other words, did they tell the 60 Packet Pg. 63 4.A.1 January 15, 2020 County everything it needed to know, and they said it's going to be reasonable to rely on this because we told the County about everything involved. We heard testimony that they didn't tell about the biggest parts of this job that would require permits as testified by Mr. Williams. That's all I have. Thank you. Chairman Lantz: Mr. Bass? Respondent's Closing Statement presented by Attorney Bass: There just has to be a better way than the County's position to take everything out and restore it to its previous condition. I say that based on the evidence that's been presented, but also what the owner wants. The owner wants to have this and, as I said, there has to be a better way. Richard Joslin: I don't think that's the case that we're talking about at the moment. I don't think that's the question that is before us. Whether the project was completed or torn out or whatever is going to have to go through the County and ... Attorney Bass continued: I understand. So, let's just focus on the facts of the case. I understand Counselor's argument about the Equitable Estoppel defense. In Civil Court cases we deal with Equitable Estoppel on a regular basis. And the same law applies here but the problem here is ... when is it that someone can call and rely on what they're told? Because, to my knowledge, we don't have any hard and fast rules about making these kinds of inquiries. I guess there could be a hard and fast rule such that if you're going to do anything, you have to apply for a building permit and it needs to be granted or you'll be told it is not necessary and there will be a complete paper trail. I guess in a perfect world, that would be the best way to do it. But I don't have to tell you or anyone else that it increases the cost of doing business. Making phone calls to people and not getting their names — there's a cost for doing that, too. All I can tell you is the witness —Dana — told you what she did. She told you, and Mr. Williams told you, that they have never been required to have permits like this before. The scope of his license was a surprise to the County's Staff — they aren't used to seeing an unlimited type of license and perhaps it is somewhat of a red flag to them ... I don't know. Getting down to the questions that we're really here about. Number one, in the easement — that's obviously a problem because the County Staff has told you they would not have approved a building permit. That's not the last word, though. Just because someone says we're not going to approve a building permit — that's not the last word. You can go up a chain there to get the last word on it. And perhaps that would have been done under the circumstances — perhaps it still could be done. The other part is about the electrical and the plumbing. You'll have to judge for yourselves and all of you, no doubt, know more about plumbing than I do. But I think that Mr. Williams in his explanation — I think that he satisfied ... answered the questions that several of you had put [to him] about whether this was connected to a potable water source or not because at some point, it was probably potable and then at some point, it was not because of a backflow valve or some other kind of valve or whatever it is. I'll say that Mr. Williams understood it and he explained to you what 61 Packet Pg. 64 4.A.1 January 15, 2020 they did. First of all, there was a hose connection, and then it went into this other connection that he told you about. As far as the electrical is concerned, I have to respectfully disagree with the County's Staff about this. I mean, it is in black -and -white in the Code. The contention is that a Specialty Contractor, like Mr. Williams' company, cannot subcontract incidental plumbing or electrical work. That's the contention. I submit to you that contention is wrong in the law. And the law is the MuniCode that they've cited, and I've cited as well. And you'll see, really, the most important reference that I make in my — on Page 3 of my rebuttal document where I explain that the end of the Code identifies the competency requirements for various trades, and there is a provision about subcontracting and subcontractors. It specifies that a contractor shall subcontract electrical, mechanical, plumbing — essentially the trades you have to be especially licensed in. There's nothing in there that says you have to be a certified General Contractor, Residential Contractor, Building Contractor —just a contractor. I mean, these are the people who do contracting work — Specialty Contractors are contractors. They have limitations on the scope of their work. But if the electric was incidental to doing ... having pumps for the pond and so forth, then there is no legal prohibition to subcontracting that work to an Electrical Contractor. I submit to you that's what is here. It's allowed. It's even mentioned specifically, for example, in the Landscaping Contractor definition which I underlined — it says he can't connect to a sanitary sewer system, potable water line, or to any electrical installation, which tasks must be performed by tradesmen licensed in the relevant trade. I mean, you see it sometimes specifically referenced, but the general reference that I submitted is the most important one because it is a "general" reference. That Specialty trades — you have to be licensed in that trade or you have to subcontract to someone who is licensed. So, we disagree on that. My guess is maybe it's not the first time that you all have ever heard this — it's not something that I deal with every day, but I know that you deal with these on a regular basis. I think that you should make a Finding that, because of what I just said, he did not exceed his licensing requirements by having an Electrical Contractor do the work that was done out there, number one. Now, if it was not done correctly, that's a separate issue. That's an issue with the Electrical Contractor and Mr. Williams. That's a separate issue entirely — whether it was done correctly or not — because I know some of you mentioned something about conduit and plug -in -play and so forth. But that's a separate issue. The question is whether he exceeded the scope or not. I submit that he did not exceed the scope. On the plumbing aspect of it, again, you all know about what that is and I think he explained to you they were not connecting to a potable water source because of the valves involved and it was not considered potable at that time. And the third thing is about needing a building permit for the project in general. I've heard what the Building Official said, you have, too. All I can say is when people call and inquire and are told no — Dana was suspicious because she does call and inquire about different things from different people, but once they were told three times that one was not required — to me and perhaps to you — you'll feel that's reasonable to do that ... to reasonably rely on what was told to you. 62 Packet Pg. 65 4.A.1 January 15, 2020 And if not that, then there has to be another way to make sure that people don't get bad information, rely on it, and then the policing authority of the Board here, the policing authority of the Staff, the policing authority that says, `well, whatever you were told ... too bad.' There's got to be a different way. And so, with that, I conclude my argument and submit that you should not find that Mr. Williams was in violation of the charges here. It's not a matter of guilt or not guilty, that that he's not in violation as charged in the Administrative Complaint. Thank you. Chairman Lantz: Mr. Noell? Assistant County Attorney Noell: Nothing further from the County. Patrick White moved to approve closing the Public Hearing. Richard Joslin offered a Second in support of the motion. Carried unanimously, 7 — 0. Chairman Lantz: All right. So, now we determine guilt. Patrick White: Or not. Chairman Lantz: Or not guilt. Does anybody have any discussion on this? So, there are two separate charges ... Patrick White: I'd love to hear what it may be that our Board's attorney would proffer to us in our deliberations. I think there may be some. Jed Schneck, Attorney to the Board: Specific as to the Count? Patrick White: What our charges are in evaluating the evidence. Attorney Schneck: The Board is charged with making a Finding of guilty or not guilty based upon the competent and substantial evidence in the record. And that evidence must be clear and convincing to the Board to make a determination of guilt. So that's your general evidentiary standard. Patrick White: Competent, substantial, clear and convincing. Attorney Schneck: Correct. And based upon — if the Board does find the Respondent guilty of Charge I and Charge II — both Counts — and you would move on to the next phase of the Hearing ... Patrick White: Right. Attorney Schneck:... and impose Sanctions under the local Ordinance. Patrick White: And would you agree that at least my understanding of competent and substantial evidence is essentially what a reasonable person would find to be the case? Attorney Schneck: That is correct and would be relevant to ... Patrick White: The charge. Attorney Schneck:... the issues in the case. Patrick White: Correct. And where would you say clear and convincing lies in terms of the Standard of Proof? For example, relative to a criminal charge of "Beyond a Reasonable Doubt" or some other standard? Attorney Schneck: Generally, there are three standards. You mentioned the criminal standard which is "Beyond a Reasonable Doubt." That's the highest standard. The lowest standard is the "Preponderance of the Evidence" which in most 63 Packet Pg. 66 4.A.1 January 15, 2020 Civil cases is 50 + 1, generally. "Clear and Convincing" falls within those two standards. Patrick White: Fair enough. So, it's more than just a little but not absolutely everything. Attorney Schneck: Correct. Chairman Lantz: So, let's break it down into pieces ... the first Count. Count I. Thomas R. Williams is the holder of licenses for Landscape Contractor, Paving Block Contractor, and Non -Recreational Pond/Waterfall Fountain Contractor. These licenses do not allow Mr. Williams to provide electrical contracting services or perform the work of connecting potable water lines, both of which were done in the scope of services he had provided under the subject contract. Richard Joslin: In the contract itself, it listed electric as a service. He did hire or pay someone to do electrical work on the property. Correct? Chairman Lantz: Correct. Richard Joslin: Also, we heard through testimony on both sides that the potable water is still a questionable item. But, according to the definition of potable water that Mr. White provided, it's the sanitation or the purity of the water. Patrick White: I was just discussing what the definition stated. I think there's certainly some consideration that has to be given to Mr. Lantz's perspective and the testimony by Mr. Williams — that no one else has rebutted — that the water in that line was after, as he put it, a vacuum break/backflow preventor and at that point was solely intended for piping related to the irrigation system only. It wasn't water that was intended, for example, to go the water fountain somewhere out in the backyard. Terry Jerulle: No, no, the statement was it was off the backflow. Patrick White: Correct. Terry Jerulle: The water off that backflow could go to the house or it could go to the pool ... Chairman Lantz: No, his stated it was a separate vacuum breaker, so that the ... Terry Jerulle: I didn't hear that. Chairman Lantz: Yeah, he said a vacuum breaker, so there would be an r/p or a double-check valve between the road and the house, and then, after that, he said there was a vacuum breaker which separated the irrigation system from the main line. Patrick White: My guess is we would see it on the back wall somewhere — generally speaking — where the controllers for the timers for the sprinkler system might be. That would be my expectation. Now, no one else said that there wasn't. Vice Chairman Nolton: And I'm not sure that ... did we hear that there were. We heard that they may have been. Chairman Lantz: Mr. Williams .... Vice Chairman Nolton: We never heard that there specifically was. That it was determined that there wasn't. Mr. Williams ... Patrick White: I understand it as you said it. That's the testimony I heard. Chairman Lantz: And I was waiting for somebody to question it, and nobody did. 64 Packet Pg. 67 4.A.1 January 15, 2020 Patrick White: On the issue of the electrical in Count I, the alternative here is that he would have been required to hire a General Contractor to hire an Electrician. Am I mistaken about that? Chairman Lantz: Are you saying that Mr. Williams would hire a General Contractor or ...? Patrick White: Or the owner ... one or the other or both. And then they would have had to agree, I guess that ... Chairman Lantz: I think what the County's case is that Mr. Kramer either had to hire an electrician himself or hire a General Contractor to hire Mr. Williams ... Patrick White: That's what I'm saying ... Chairman Lantz: ... but not Mr. Williams hire a General Contractor or an Electrician. Patrick White: I absolutely agree and that's my understanding. And I ... Michael Boyd: Well, to some degree Patrick White: That's my understanding and it's pretty clear. Michael Boyd: ... to some degree the Electrical Contractor is at fault because I can't believe he did all the electrical work that had to be done in that backyard without inquiring of Mr. Williams or the County if there was a permit to do that. They had to run new service back there. Vice Chairman Nolton: I agree, but I think it's a separate issue. Michael Boyd: Well, it's a separate issue — yeah. Patrick White: But I think Mr. Boyd's point is that it goes to the weight of where in the process someone should have raised their hand and said, `hey — who am I working for?' And if the Electrical Contractor had then gone in and sought the appropriate permit, it may have been made more evident to either Mr. Williams or Mr. Kramer, or both, that he was operating outside the scope of his license — Mr. Williams' licenses. I tend to think that on that particular — more so than the potable water that doesn't matter whether its either or both — if its either of them in Count I, I think a Finding of a violation can be made. It doesn't have to be both. So, we can completely ignore the discussion about potable/non-potable water and have a Finding of violation based solely on the electrical. Richard Joslin: In essence, that's kind of a moot point to begin with because I'm sure that there would be a vacuum breaker at the street — correct? Chairman Lantz: No, there would be a backflow preventer ... Richard Joslin: Right. Chairman Lantz:... but typically there's a separate one between ... so there's the main line from the road that comes into the backflow preventer and then goes to the house. And then there's a "T" off of there, and then a separate vacuum breaker, separating the irrigation from the house. Patrick White: And, in fact, a lot of your hose clips ... Chairman Lantz: Totally different than the vacuum breaker and the backflow preventer. Same name, but a totally different device. Richard Joslin: Okay ... but one last question. If this was a permitted sprinkler installation, wouldn't the sprinkler have demanded or required that a backflow preventer be put on it before the sprinkler system was ...? Chairman Lantz: So, I've never done it in Collier County. 65 Packet Pg. 68 4.A.1 January 15, 2020 Richard Joslin: No? Chairman Lantz: Quoting Mr. Walsh, "not necessarily." Richard Joslin: All right. Chairman Lantz: In every other county where I've worked, that's a separate inspection. Terry Jerulle: The question is ... is Count I -(a) true or not? Correct? Chairman Lantz: And I think as far as ... Terry Jerulle: Just based upon the electrical. Chairman Lantz: Right. If we ignore the water, if we say, `okay, he's innocent on the water,' because we don't have enough facts to determine whether he's guilty on the water. Just focus on the electrical. Richard Joslin: Agree. Terry Jerulle: I think we agree that he did not have the license to do the electrical work. Patrick White: And let me ... I don't disagree with you ... I think that's correct but I want to discuss Mr. Bass' point about the definition of subcontracting. He made reference to fact that it's probably not his first time down this side and I just wanted to put on the record how the definition of contractor in the same Code makes abundantly clear that there are exemptions afforded to the types of contractors that we lump together as General Contractors, and that contracting otherwise as it is defined is something where you attempt to sell or negotiate a contract or services and if that's outside the scope your license, that's not permitted. And so, I'm not seeing it as a viable defense in this case. So, as far as Section 22-201(2), I believe there is — as asserted in Count I, under Paragraphs (A) and (B) — a violation of that Section of the Code because there was "contracting" with the Electrical Contractor that should have been done directly through the owner or via a General Contractor. His license — Mr. Williams' license — did not authorize him to subcontract. Rather, the definition of contracting applies. As challenging as it may be for Specialty Contractors to appreciate that, and as difficult as it may be to apply in the field, I think the general advice, recommendation perhaps, or suggestion to Specialty Contractors who find themselves in this position is to have a conversation with the owner and/or their best friend, the General Contractor, and see which way they want to go. Terry Jerulle: That and applying for a permit at the beginning and not waiting. Patrick White: Clear it right up. So, I don't know if we want to have a further discussion about but at this point, I'm prepared to make a Finding of Guilt — that there a violation of Count I. I'll put that in the form of a motion. Patrick White moved to approve finding that the Respondent was guilty of the violation contained in Count I of the Administrative Complaint. Terry Jerulle offered a Second in support of the motion. Carried unanimously, 7 — 0. Chairman Lantz: So, that's Count I. Let's go back to Count II. Patrick White: Count II has two parts and (B) is the one that's the actual Code section is what I referenced. Terry Jerulle: My question is — and I apologize — your motion was for Count I (A) or for Count I (B)? 66 Packet Pg. 69 4.A.1 January 15, 2020 Patrick White: Well, it's only (B) because (B) is where the specific reference to the Section is. And the same is true for Count II where (A) is kind of a mix of law and fact, but (B) is the one that specifically cites the corrected, in the Amended Complaint, Section 22-201(18). Chairman Lantz: So, then we'll go to Count II. A. Upon review of County 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 Section 22-201(18) which states, in pertinent part, that it is misconduct by a holder of a Collier County Certificate of Competency to proceed on any job with obtaining applicable permits or inspections from the City Building and Zoning Division of the County Building Review and Permitting Department. Richard Joslin: Through testimony, we heard that. So, I don't see any other way or any further discussion on that. Chairman Lantz: Mr. Walsh was pretty clear on what requires a permit and what doesn't, and he did say that the work required permits. Although it can be rectified, that's not what we are here to discuss. Patrick White: They proceeded with the job without obtaining the applicable permits or inspections. I understand the argument of, `I did my best to try to find out whether he needed a permit,' and I understand the argument that there are `grey' areas. I even understand that many individuals will call the County — whether it's the Zoning or Building, you name it — and you can ... and on occasion ... will get varying answers. My experience has been there's a tension, if you will — a push and a pull — on the part of the person calling ... not intentionally ... to get the answer that they desire and prefer as opposed to trying to put a noose around your neck, in a sense, and come away with answer that requires you to do more. I think there was an honest and good -faith effort made to get the best possible answer. But the answer is in proportion to the question. And here, I believe, if there had been more detailed information provided about having to do some electrical work and building some structures, then the answer may have been different. I accept Mr. Noell's legal argument about Equitable Estoppel, but when I read through the case, the details of it were that, in that case, an Administrative Law Judge had found one way but the Agency overruled him, and then that was appealed by the guy they were trying to penalize. The case was reversed, saying the Administrative Law Judge was right. He found that it was justifiable and reasonable to rely upon what he'd been told — he'd made a good faith effort to get the to tell him what he should and shouldn't do. It kind of changed the rules of the game. I understand the legal theory and I understand the defense. I've always been challenged to balance whether something is a misrepresentation of fact or a misrepresentation of law. I understand what Mr. Noell's position is — it's more misrepresentation of the law, not of fact. And as empathetic and sympathetic as I can be to the government having been in a position of having to advise the Building Department, at the end of the day, I believe that technically there is a violation here in the sense that had there been better disclosure, the answer may have been that a permit was needed. But we'll see where that goes 67 Packet Pg. 70 4.A.1 January 15, 2020 when we get to the second part of this stuff. So, at this point, if there's no objection, I will make a motion. Patrick White moved to approve finding that the Respondent is guilty of violating Section 22-201(18) in Count Hof the Amended Administrative Complaint. Richard Joslin offered a Second in support of the motion. Discussion: • Richard Joslin: I think you hit the nail on the head by the fact that there was, I guess, a justifiable attempt to try to get an answer. They called three times and got the same answer but there must have been questions or else why was the second call made? I've been in situations before where I've had to go there two or three times and it turned out that the person who gave me an answer was wrong. It does happen. • Patrick White: I hate to say it but when you are the government, there is a level of reliance that, typically, you can't afford to get because it takes so long and costs so much. But it's one of the aspects of why, as a licensed contractor, you are expected to know your business and make a full and complete disclosure of anything that could require a permit. It's not the tech's job who is answering the phone to know what's in your mind. But they want to give you, I think to some degree, the answer you want to hear, too. Some are better at asking probing questions and others are not. It's just the reality of it. Chairman Lantz called for a vote on the motion. Carried unanimously, 7 — 0. Chairman Lantz requested information from Attorney Schneck concerning the possible Sanctions that could be imposed. Attorney Schneck: The disciplinary Sanctions that the Board could impose against the Respondent in this case include: • Revocation of his license, or suspension of his license; • Denial of the issuance or renewal of his license; • Placing his license on a probation for a period of up to, but not to exceed, two years; • Restitution; • Assessing a fine in an amount not to exceed ten thousand dollars ($10,000); • Issuance of a public reprimand; • Requiring re-examination and/or trade tests; • Denial of the issuance of any future permits in Collier County or permits may be issued with specific conditions. Attorney Schneck continued: When considering these penalties, the Board should also consider the testimony and all the evidence presented, as well as the following factors: The gravity of the violation; The impact of the violation on the public health/safety/welfare; 68 Packet Pg. 71 4.A.1 January 15, 2020 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. Chairman Lantz: Does the County have any recommendations? Michael Ossorio: The County is recommending full restitution to Mr. Kramer in the amount of $52,000 which is the amount he paid to Mr. Williams, plus $15,700 which was paid for necessary repairs, plus $32,000 to restore the property to its original state, which totals $99,700. The County incurred investigative costs of $1,500 in the prosecution of this matter. The County also recommends a fine in the sum of $2,000 for each Count. The County will allow the Respondent twelve months to make restitution, pay the investigative costs, and pay the fines, or all of the Respondent's licenses will be revoked. Finally, the Respondent will be placed on probation for a period of twenty-four months. Chairman Lantz: I have some questions on the timeline for this case. The job started a year or more ago ... in August, 2018. In December, 2018, when the job was not done, there were a lot of issues — some might call them "punch list" issues. When did the County get involved is Question #1. And Question #2 is when was the money spent on repairs — the $15,700? Michael Ossorio: I believe it should be in your packet, but if not, Mr. Kramer has those particular items. Chairman Lantz: When did the County get involved? Vice Chairman Nolton: The packet says he got a Notice from the State on July 13, 2019. Michael Ossorio: You will see on the first page of the Administrative Complaint, on the charging document which would be Number 5, "On or about July 7, 2019, the Collier County Licensing Department received a complaint from the homeowner, Reto Kramer." Chairman Lantz: Okay. Then my next questions would go to Mr. Kramer which would be when were the repairs done — that totaled $15,700? We have repairs totaling $15,700 — so when were those repairs and was it all one bill? I gather there was something for sod, something for irrigation, something for other stuff — correct? Reto Kramer: Basically, the pond collapsed three times on three different occasions. The first time was on March 6th. The second time was on March 7th and March 13th was when the biggest part fell in. That's when we immediately had somebody come. Obviously, there were no plans. When the first part fell in, I don't know how much it was, but it was a lower amount. And when the second part fell in, we had to agree to pay more money. Then the third part came. and the total came at the end of $15,700. Michael Ossorio: It's in the packet on Pages 175 through 177. Chairman Lantz: And when all these repairs happened, was the contractor notified of the issue and given an opportunity to repair it? Reto Kramer: Yes. Chairman Lantz: He testified earlier that he was told not to come back on the property. 69 Packet Pg. 72 4.A.1 January 15, 2020 Reto Kramer: We had — originally with an attorney — put in a Stop Order, basically, because the attorney said unless we know what the license is and the permits are, they can't come back and maybe due more damage. So, at that point, we told them not to come. But when the actual collapsing happened, we asked him to come and fix it and I have a text message proving that. Chairman Lantz: Okay. Richard Joslin: But first you told him not to come back because the attorney said so and then you told him to come back? Reto Kramer: Correct. Chairman Lantz: So, you knew about the licensing issue before the County got involved? Reto Kramer: Because we were requesting the licensing information, the insurance, and all the other information which, by law, he has to provide. Actually, when we were requesting it, he had thirty days and we did not get an answer to the attorney's letter at all. So, we sent a second letter out and, again, we got no answer at all. So, we never got an answer. There was just no communication period. Richard Joslin: When you told him — or your attorney or someone — told him not to come back on the job and then how long was it until the wall caved in for the first time? Then you told him to come back and fix it. Reto Kramer: Our lawyer was — January 16th was when he sent out the first letter. Chairman Lantz: January 16, 2019? Reto Kramer: Correct. And the second letter -- we reiterated we have to have the information, including the plumbing and electric and everything, was March 21St. So, basically, our lawyer said if he comes back and he has none of those licenses ... it's not a good thing. First, he has to provide us all the information so we can go from there — right? Richard Joslin: You signed a contract with him in the beginning — why didn't you get all this information before you got to that point. I mean, you definitely should have known if he was a licensed contractor before he started working on your property — no? Reto Kramer: That's correct — yes. Richard Joslin: But why did you wait until after to demand this? Reto Kramer: I knew those three licenses were already in place — at least when I checked, so I knew that. However, I didn't have the licenses physically. Basically, I asked Collier County — I went down and asked if he had the licensing and they said that he had a pond license, a paver license, and a waterfall license. And that's all I needed to know if I could hire him or not. Chairman Lantz: Okay, so I'm confused. So, January 16th is when you sent a letter asking for the licenses? Reto Kramer: Correct. Basically, it's in the document that you have with all the pictures where we said these are all the missing parts, the not -working parts or the broken parts, and we requested to have all the information — including insurance, licensing, and permits — before any further action is taken. This letter was ignored. Richard Joslin: These were just punch -list items that weren't working at the time but there was no cave-in yet? 70 Packet Pg. 73 4.A.1 January 15, 2020 Reto Kramer: There was no cave-in as of that yet, but there was no working plumbing. The plumbing never worked. So, the pond was basically not functioning at that point because if you don't have working plumbing — the whole drainage didn't work and we had already started to lose water because it was leaking all over the place and the skimmer wouldn't work because the water didn't go up to the skimmer anymore — stuff like that. Chairman Lantz: So, who — somewhere I read in there that all the fish died ... right? Reto Kramer: Not all the fish died, surprisingly. I would say about six died and the rest survived. Chairman Lantz: Who stocked the pond with fish? Reto Kramer: I did. Chairman Lantz: So, would it be safe to assume that you accepted the pond as completed, even though you had punch -list items, but you accepted the pond before you stocked the pond with fish ... because why would you stock a pond with fish if there's no ... what you're saying now is there was clearly no plumbing? Reto Kramer: There was no plumbing. That is correct. Chairman Lantz: So why would you stock the pond with fish if there was no plumbing. Reto Kramer: The pond ... the pumps were working, and it was safe for the fish, according to Dana — right? And from that standpoint, we started to put fish in because the whole project, again, was supposed to take two weeks. Now, we were under the impression that it was almost done. We had at that point not any idea that the plumbing was in bad condition. We found out when the first fish got sucked into the pumps. So, we knew there was a problem. And that was never fixed. Chairman Lantz: But you had assumed at the time that you bought fish that the job — although not 100% completed — was good enough to move into ... move the fish into -- no? Reto Kramer: The fish don't need — they don't have special requirements. Chairman Lantz: Apparently, they do — if they were getting sucked into the pump? Reto Kramer: We were not aware that there was no protection because the pond already had water, so it was just not done right. It was one of those things that was not done correctly. It wouldn't have mattered if he had done it later or earlier for the fish — they were fine. At that stage, they were fine. As soon as there was water in there and the chlorine was added, we could put fish in. If the jets worked on the side for the water filtration, it doesn't matter for the fish, but it does matter for the ecosystem. Chairman Lantz: Okay. On January 16th you sent them a letter requesting their license and insurance information? Reto Kramer: Correct. Chairman Lantz: And you go no response? Reto Kramer: Correct. Chairman Lantz: You sent them another letter on March 25th requesting it again and saying `we don't want you on our property' — correct? Reto Kramer: I don't know if it was in the second one too but, basically, it was a reiteration that he needs to provide us with the information by law. 71 Packet Pg. 74 4.A.1 January 15, 2020 Chairman Lantz: When did you say `we don't want you back on our property' — is what I'm trying to get at. Reto Kramer: That was on January 16tH Chairman Lantz: So, in the same letter where you asked for the insurance, you said `we don't want you back on our property'? Reto Kramer: No, we said until we get the information, we don't want you to ... on the ... just the same thing as when Collier County found out and came to us and basically took care of it. The first thing they did was a Stop Work Order because of safety reasons. And when our lawyer saw what's going on in our backyard, he said it was not safe. He cannot come back until you first discuss what is going on and how he was going to fix this. Chairman Lantz: Okay. I was under the impression from his testimony that he was told not to come back onto your property. But it was basically prove your word before you come back.' Reto Kramer: Correct. Patrick White: I am wondering, since you're here and still under oath, did you hear Ms. Torrko say that if there was some need to remove this, that you'd be willing to accept that risk? Was that a true statement? Reto Kramer: That was not a true statement, no. We were not in our right minds, paying $52,000 to something you're not sure you can have ... it's just not happening. It was too much money. Richard Joslin: Was it in writing? Patrick White: I don't know that it was in writing. It was testified as being ... Richard Joslin: There was a conversation in the email ... Patrick White: ... an oral exchange, not a written one. Vice Chairman Nolton: So, in January you were having some issues or in March, or somewhere in there is when you started having issues, but the pumps were working. The pumps were running, and the waterfalls were working? Reto Kramer: One of the waterfalls was working perfectly and the other one was basically dribbling. Vice Chairman Nolton: You didn't have good flow, but the pumps were working. Reto Kramer: The pumps were hardly working, yes. However, none of the drains — they didn't work. Vice Chairman Nolton: When was the first collapse? Reto Kramer: That was March 6tH Vice Chairman Nolton: How did that collapse? The pond was full, the water wasn't below the skimmer, and it was ... Reto Kramer: We already had some leaking happening and the first collapse was the leak on the top — on the top flow — where the water flows on the top, it basically went behind the liner. The liner was not fixed the right way — the water went in and basically went to the back of the wall and made it collapse. Vice Chairman Nolton: So up on the top, somewhere near the waterfall, somewhere in there, it collapsed with the liner? Reto Kramer: Correct. Chairman Lantz: At what point did you come to the determination that this whole structure needs to be removed? 72 Packet Pg. 75 4.A.1 January 15, 2020 Reto Kramer: That was the decision of Collier County. I had no idea that this was even an option. I was under the impression that we needed to take legal action that he fixes it — that was my impression. And, obviously, we spent quite some money with our lawyer and the two letters and there was just no result whatsoever. We had a pond that was half empty, we had fish that, basically at that point, were at risk and we had to donate the fish because it was not going to work anymore. So, the only other option I had because I knew it was just not right that nothing happened, and we had paid all that money — nothing was working. That's when I said there must be a problem with doing the right thing from the licensing, so I went to the DBPR (Department of Business and Professional Regulation) and it got involved with Collier County. And I was, you know, actually happy because there was finally somebody who could help us, but I had no idea that it had to be removed. Patrick White: Well, that to me is still an open question. I understand what the County's position is — that's just the Staff. To me, there are two choices here and which of the two of them you may prefer weighs more importantly to me than pretty much anything else ... gravity of the violation, harm to the public, you know, et cetera. The options in my mind are: it gets repaired or it is removed. But if it is removed, that's $100,000 that Mr. Williams is exposed to paying and, potentially, if he doesn't achieve that within twelve months, he is out of a job and out of a career. Maybe he's ready to retire. But it seems to me that if your preference is to try to have it repaired, the course of action is to proceed first with a conversation with the County about where's the prior permit — what evaluations were made then relative to what those pipes are supposed to handle and what the estimated flows are and whether, in fact, its reasonable to request a vacation from the County for the portion of the drainage easement that is the minimum necessary to occupy the surface and subsurface for the pond and the associated structures. That to me — if it's allowed ... the permitting issues are minor. I tend to think that the structures — the pergola, the bridge, the electrical, even the plumbing — are all doable from a permitting perspective at a fairly minimal cost. So, before I can come to a position on what the County's recommendations are for fines and restitution and probation, and I'll say it again and maybe someday we'll be clear on this — if there's no testimony from the County on what the costs are for them to prosecute it, how do they expect us to agree to their recommendation? Anyway. From the perspective of the Respondent, the contractor has every reason to think that if you were willing to try to have it repaired, that would be to his advantage, financially and professionally. Reto Kramer: If I can say something here? Patrick White: Of course. Reto Kramer: The pond in the situation that it is has plumbing underneath that does not work. I don't believe, in my opinion, that you can have a liner in this size pond. I think you need to spray it with concrete ... I think that the costs and, obviously, that needs to be a license that is different. The costs to do that the proper way so it would work is probably going to be seventy to eight thousand dollars, at least. I have numbers up to $150,000. I don't know really what the facts are ... Collier County has told me there is no way you can have this ... Patrick White: Understood. 73 Packet Pg. 76 4.A.1 January 15, 2020 Reto Kramer: The situation that we are in right now ... Collier County says clearly that we have to remove this and bring it back to its original state which means that we have spent $100,000 to have the same exact lawn that we had before we started. We've had nightmares between, obviously, and it put a really big burden on our whole family having to go through all of this. So, yes, theoretically, if this really could happen and it could be there, it would absolutely be amazing and beautiful. I have just been fighting this for one and one-half years and I'm tired. Patrick White: Don't give up hope yet. Richard Joslin: Mr. Williams, what are your thoughts on this? Is there a way to have the company finish this project? Or does Mr. Kramer just want to get the money and get out? Attorney Bass: I was wondering if I might be able to address that issue with Mr. Williams. I was going to ask if I could make some argument about the proposed penalty. I was going to argue what, essentially, Mr. White has already argued and, based upon what Mr. Kramer has said during his testimony, that he would like to have the facility. I think we should at least be allowed to try to get a building permit — an after -the -fact permit — notwithstanding what we've heard from the County about ... well, that's not the last word. The easement is no longer being used for its intended purpose. The forty feet has been changed and apparently, from County Staff testimony, it was an authorized change by the County to put the culverts in there to move the drainage water as opposed to having this large swale ... the forty -foot swale. All I'm saying is give us a chance to get an after -the -fact permit and hire a General Contractor to go in there and apply for the permit, get the inspections done, and whatever. Or else, you knock it down. Patrick White: Mr. Bass, candidly, you're not going to be having a conversation with the Building Department about permits until you've got in your hands — thirty days after the Board of County Commissioners may authorize the vacation with the appropriate access. You're not even going to have a conversation with the County, so unless you're contemplating asking for permission to vacate a portion of that easement to be able to maintain and build whatever facility may be necessary, either by repair or replacement or something of a different character — that has to be Step One in your equation. Attorney Bass: You're likely correct. And I don't want ... Patrick White: I don't want to argue either, sir, but I know I'm absolutely correct ... unless you got a Judge to tell you different. Attorney Bass: Well, I defer to you at this time. Here's my overall point. If Mr. and Mrs. Kramer think that if you order full restitution as recommended by the County that they're going to get a check next week, they're wrong because that's not the way it works. I don't have to tell you that. The way it works is that you will make an Order of Restitution and that's the end of your authority. You can't force him to pay. If they want to force him to pay, they'll have to file a lawsuit. And this proceeding would not be part of that lawsuit. We would have the right to have a jury trial in that case and we would have a right to raise the defenses of comparative negligence and the assumption of risk — which is what you heard here today. Mr. and Mrs. Kramer assumed that risk. 74 Packet Pg. 77 4.A.1 January 15, 2020 Richard Joslin: We've heard it both ways. Attorney Bass: Yes, okay ... I'm just saying that if they think they are going to get a check next week, or next month, or even next year — through this proceeding — they're probably wrong. And that's how this thing got started in the first place — they went to the County to complain and to hopefully get my client to do what they wanted him to do. That's when they found out from the County that it shouldn't have been there in the first place. Getting it all out was not why they went to the County — they went to the County to try to put pressure on Mr. Williams' company to do what they wanted to do. Now they have opened the proverbial "Pandora's Box." Patrick White: And believe me, I understand their respective positions. I understand your perspective. As a Consumer Advocate kind of Representative on this Board, my goal has always been to try to find something that is fair and is within the confines of the law. Mr. Kramer is saying is that, technically speaking, what Mr. Williams can offer him isn't going to be adequate because it won't perform, then we're kind of past the repair option. Attorney Bass: Well, he's saying it — he's saying that but Patrick White: I understand .... Attorney Bass:... we don't know that. Patrick White: I don't either. But at some point, we have to make a decision. Attorney Bass: I understand that. Terry Jerulle: Mr. Chairman? Chairman Lantz: Yes, sir. Terry Jerulle: Mr. Ossorio, if we were to — as an example — pull his permit pulling privileges ... whose permit -pulling privileges are we stopping? Would that be for the old company or the new company? Michael Ossorio: There's only one company — that's Mr. William's company. We are going to be opening some cases in the next couple of weeks concerning all those things that we talked about today. But we're not talking building permit privileges ... we're not talking about a State -certified contractor. You heard testimony that he pulls irrigation permits and landscaping. I have no idea what the state of his company is — I know what the state of the other two companies are. But pulling permit -pulling privileges is nothing new. I think Mr. Williams is a person who has been a licensed contractor for many years and over the years, maybe he did something more and more, and here we are today. He's defended his license and himself. Just go back to many months ago, if Mr. Williams and Dana will tell you the truth, he wanted to know how he could solve the problem quickly. What is the quickest way to do this thing? Well, going for a vacation or a variance is like going through a root canal times fifty. And the percentage of success is zero percent whatever the issue the County has ... is how they perceive it. There's also what you call noncompliance, and this has been working for Mr. Williams ... he claims he didn't know he messed up — he says he's a licensed contractor with no complaints or very few. So how does he do it? He follows the Code — if you make full restitution and do no financial harm, then you can go your own way. And that's what we've been trying to do for the last three months. Patrick White: I understand the County's position 75 Packet Pg. 78 4.A.1 January 15, 2020 Michael Ossorio: No, that was Mr. Williams' position, that was not the County's ... I gave ... Patrick White: Mr. Williams was offering to make full restitution? Michael Ossorio: You can speak to Mr. Williams because I didn't speak to him today. Terry Jerulle: Can you give me the breakdown again? Michael Ossorio: $52,000 + $12,700 +... Patrick White: I think it was $15,700. Vice Chairman Nolton: Right. It was $52,000 + $15,700 + $32,000 = $99,700. Terry Jerulle: The $32,000 is for the removal of everything? Patrick White: The estimate. Michael Ossorio: Yes. And my assumption was that ... Terry Jerulle: That would be if they closed today. You were trying to find out, Mr. Chairman, what the time frame that was. Chairman Lantz: What I was trying to find out — and I think it was answered — is did he spend to repair it after he knew he shouldn't have it? That was my concern. Patrick White: Exactly. Michael Ossorio: At the County, this is not our first time talking about this. Obviously, it doesn't a demolition contractor to remove vegetation and grade the land to put it back to the original state ... lots of landscaping companies can do it. That's what we were trying to work on ... to see if that $32,000 could be wiped out by Mr. Williams' company — if he could put it back, it would save some time and effort. We talked about a variance, but he wanted to solve it quick ... he wanted to be done with it. So that's the avenue the County was speaking about ... we're all about compliance and Mr. Williams was here today to defend his license and he wanted it treated as non-compliance. So, we put it on the Agenda for him to come before the Board. Mr. Williams will tell you that we spent hours — this is not the first time we talked about this. With that said, I have nothing further. Vice Chairman Nolton: So, I am assuming that if you did spend hours talking about it, you never could get to a resolution and that's why he's here. Michael Ossorio: Ask Mr. Williams — let him decide that. And to Mr. White's point, the investigation costs as of last month were — we didn't put on the record how many hours we spent ... I apologize, I forgot to do it. In terms of my responsibility in the investigation, we can wipe it out. Patrick White: The $1,500? Michael Ossorio: The County is about making sure the homeowner and the contractor can effectively move forward. Patrick White: As always, Mr. Ossorio, you are a voice of certainly compliance, fairness and I believe an excellent representative of the County's interests with the public's need fully in mind. Terry Jerulle: We have the County's recommendation, does anyone want to discuss it or can we make a decision? Are we going to sit here all day and ...? Chairman Lantz: I'm kind of curious as to that $32,000. It seems like a pretty big nut to me. I'm curious as to ... if that's something that Mr. Williams would do ...if he were to do it ... I mean, if someone charged me $32,000 to do a little bit of site work — especially if that's what I did for a living ... 76 Packet Pg. 79 4.A.1 January 15, 2020 Patrick White: I think ... the way I would suggest we might be able to deal with that ...whatever that dollar value is, it might be provided in-kind. As long as it is achieved, then whatever the dollar amount is — if it is provided in-kind, then the cost to the Respondent is taken out of the equation. Chairman Lantz: What you're suggesting is Mr. Williams brings the site back to the original state and not be charged for it? Patrick White: Kind of the same thing — but the other end. The $32,000 is there because it's the estimate. Or, in the alternative, the Respondent restores it to the status quo as grass. Richard Joslin: And if he restores it to grass, the value is gone. Patrick White: Correct. So, we're down to $67,700 plus whatever fines ... Richard Joslin: Four thousand. Patrick White: We're looking around $70K. I'm absolutely certain he's got that in S&H Green Stamps under his bed. I think that might be the best way of doing it because I just tore out a pool, had it back-filled, and re -sprinkled and sodded — it was like $12,000. So, that $32,000 is ridiculous. Richard Joslin: I'd like to hear from Mr. Williams — is this something that he could do. Patrick White: Regardless of whether it is or isn't. we can order him and he either chooses to do it, or he doesn't. Chairman Lantz: Mr. Jerulle, are you ready to make a motion. Terry Jerulle: We're going to need a break here very shortly. Or we can sit here all day long and debate this all day long. We do have the facts and we're charging him with coming up with restitution or correction or whatever. I just want to go on with this. As far as I'm concerned, restitution at $52,000 is fine, $15,700 for repairs is fine, but the $32,000 I think is very excessive. Chairman Lantz: So, are you suggesting ...? Terry Jerulle: Nothing against Mr. Kramer but still — in the back of my mind, the question that begs to be asked ... you should have found out if you needed a permit to go into the easement or not. Especially after the HOA told you that. To me, I'd make that $3,250 and move on. Patrick White: I'm sorry ...? Terry Jerulle: $52,000 + $15,700 ... I don't have a calculator but .... $3,250 is what I think the restitution should be to put it back in place. Patrick White: Part of the restitution, I'm assuming, is recouping the money he's spent to get as far as he's gotten ... without the repair. Terry Jerulle: $52,000 is what he spent. Patrick White: Right. Terry Jerulle: $15,700 is what he spent to repair it. Patrick White: Right. Terry Jerulle: And then the County has suggested that putting it back is estimated to be $32,000. My estimate is $15,000. Patrick White: Got it — it's $17,000 less the $99,700. Lawyer math comes up with $82,700. Vice Chairman Nolton: There's $4,000 in fines. Terry Jerulle: And the $1,500 in administrative expenses. 77 Packet Pg. 80 4.A.1 January 15, 2020 Chairman Lantz: Well, he's already removed the $1,500. Terry Jerulle: Okay ... that's fine. Patrick White: So, everyone understands my position: I'm not supporting the fines. I understand that even reducing the nut, if you will, by $4,000 probably isn't going to change the outcome, relative to the ability of the Respondent to pay it in twelve months. But, as I said earlier, I think a reasonable effort was made to both determine whether a permit was necessary. I think there's a reasonable argument against the potable water, so I don't know that I'm convinced of the gravity of the harm, et cetera. For me, if he makes the restitution, that's education enough. The fine really, to me, is ... I don't know what public purpose it achieves. If there's a benefit to the owner in getting some or more of the restitution in the amount of $4,000, I'd argue I'd much rather have that go to the owner than to the County's coffers. But that's just my opinion. Chairman Lantz: Does anybody want to make a motion? Terry Jerulle moved to approve imposing the following Sanctions on the Respondent. • The Respondent is to make restitution to the Homeowner in the amount of $82,700, • Payment of fines in the amount of $2,000 for Count I, and $2,000 for Count II; • The Respondent will be placed on probation for a period of twenty-four months; • If restitution and payment of fines is not made within twelve months, the Respondent's three licenses will be revoked. Chairman Lantz: There's motion. Is there a Second? Richard Joslin offered a Second in support of the motion for clarification. Richard Joslin: Am I clear on the motion ... the figure is $86,700? Patrick White: That's the fine and restitution, within twelve months. Richard Joslin: If not paid within twelve months, then his licenses are revoked. And he has two years of probation. Richard Joslin again offered a Second in support of the motion. Discussion: • Chairman Lantz: For me personally, I would rather see restitution of $52,000 + $15,700 and leave it up to Mr. Williams to restore the property back to its original state; no fines; and no probation. • Patrick White: It's for those reasons that I won't be supporting it. • Chairman Lantz: That's what I was going to say. • Vice Chairman Nolton: I'm sorry — you're not supporting the original motion? • Chairman Lantz: There is only one motion. 78 Packet Pg. 81 4.A.1 January 15, 2020 • Patrick White: The motion by Mr. Jerulle. • Vice Chairman Nolton: I would be more in line with the adjustment that was just made. • Patrick White: You have two paths: you can amend the existing motion, or you can vote on it and move forward, assuming that it doesn't pass. I'm not going to try to speak for the other members — I never have. • Vice Chairman Nolton: I want you to repeat the motion. • Chairman Lantz: His motion is $82,700 in restitution and repairs plus $4,000 in fines which needs to be paid in one year. Probation up until that is paid for ... and if it's not paid within the year, his licenses are revoked. • Patrick White: Regardless, he's on probation for two years. Right? • Chairman Lantz: So, with this motion, Mr. Kramer is not given the $15,000 to bring it back. Mr. Kramer can do whatever he wants. Even though it's Mr. Williams business — doing landscaping — he's out of the equation but he's just writing a check for $15,000. • Terry Jerulle: How do we know he is still in business? • Chairman Lantz: He's still a licensed contractor — correct? • Terry Jerulle: That doesn't mean that he owns a business. • Chairman Lantz: He could work under somebody else. He could hire somebody else to do it. He has many ways to accomplish the goal. He has plenty of ways to do it — he's licensed to do it. • Terry Jerulle: Would you want somebody that you kicked off your property coming back on your property? Like it or not, this is the easiest and cleanest way of doing it. I've gone through that scenario in my mind and I don't disagree with you. If he had a business and was able to do it, I would have suggested it but, in my mind, he sold the business. He still has a license, but he is not licensed to do this work. • Chairman Lantz: He is licensed to do this work. • Terry Jerulle: Well ... I don't know how logical it is but, in my mind, doing this puts everything to rest and we're done with it. I don't necessarilyI would love to have seen a bid to justify it. I don't have that — I'm coming up with a bid in my mind based on my experience — it's the best I can do. I'm not saying it's perfect ... • Chairman Lantz: Yup. • Terry Jerulle: ... but it's the best that I think I can do to help the homeowner. Chairman Lantz: Is there any more discussion? I am going to wait for Mr. White to return because he might be my only ... Terry Jerulle: If you can think of a better way, I'll amend my motion but, right now, I don't think there's a better way. Chairman Lantz: I just think Mr. Williams needs to figure out a way to get that yard back to what it was. Terry Jerulle: He's had a year and a half. Chairman Lantz: Not to restore it. Terry Jerulle: I've made my motion and you can vote on it. 79 Packet Pg. 82 4.A.1 January 15, 2020 Patrick White: We don't even know if the homeowner would let him back on the property. Terry Jerulle: Exactly. I wouldn't. Patrick White: And if he did do the repairs, would he have to hire a General Contractor because you have electric demo, plumbing demo, the demo and pulling the concrete. Chairman Lantz: All right. We have a motion and a second. Chairman Lantz called for a vote on the motion. Motion carried, 4 — "Yes "/3 — "No. " Chairman Lantz stated: This cause came for a Public Hearing before the Contractors' Licensing Board on January 15, 2020 for consideration of the Administrative Complaint filed against Thomas R. Williams, d/b/a Williams Magical Garden and Landscape. 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: • Thomas R. Williams, d/b/a Williams Magical Garden and Landscape, is the holder of record of a Collier County Certificate of Competency, License Number LCC20130000742. • The Collier County Board of County Commissioners is the Petitioner in this matter and Thomas R. Williams is the Respondent. • Thomas R. Williams was present at the January 15, 2020 Public Hearing and he was 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(2): o Count I - A: Thomas R. Williams is the holder of licenses for Landscape Contractor, Paving Block Contractor, and Non - Recreational Pond/Waterfall/Fountain Contractor. These licenses do not allow Mr. Williams to provide electrical contracting services or perform the work of connecting potable waterlines, both of which were done in the scope of services he had provided under the subject contract. o Count I - B: Thomas R. Williams is in violation of Collier County Municode Section 22-201(2) which states, in pertinent part, that it is misconduct for a holder of a Collier County Certificate of Competency 80 Packet Pg. 83 January 15, 2020 to contract to do any work outside the Scope of his competency as listed on his competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. o Count II -A: Upon review of the County 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. o Count II -B: Thomas R. Williams is in violation of Collier County Municode Section 22-201(18) which states, in pertinent, that it is misconduct by a Holder of a Collier County Certificate of Competency to proceed on any job without obtaining the applicable permits or inspections from the City Building and Zoning Division or the County Building Review and Permitting Department. The allegation was supported by the evidence presented at the Hearing. Conclusions of Law: The allegations set forth in the Administrative Complaint as to Count I and Count II are approved, adopted, and incorporated herein, to wit: o The Respondent violated Ordinance #95-105, as amended, Section 22- 201(2) in Count I and Section 22-201(18) in Count II in the performance of his contracting business in Collier County by acting in violation of the Sections 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 489, and Collier County Ordinance #90-105, as amended, by a vote of four (4) in favor and three (3) opposed, a majority vote of the Board members present, the related Sanctions and the following Order are hereby imposed upon the holder of Certificate of Competency #LCC 20130000742: o The Respondent is to make restitution to the Homeowner in the amount of $82,700; o Payment of fines in the amount of $2,000 for Count I and $2,000 fine for Count II; o The Respondent will be placed on probation for a period of twenty- four months; o If restitution and payment of the fines is not made within twelve months, the Respondent's three licenses will be revoked. Chairman Lantz: This proceeding is now concluded. Michael Ossorio: Just to clarify, the $82,700 was for restitution to the Homeowner and not for the County. Chairman Lantz: Correct. The fines of $4,000 are to be paid to the County. Michael Ossorio suggested taking a short break. BREAK: 2:05 PM 4.A.1 81 Packet Pg. 84 4.A.1 January 15, 2020 RECONVENED: 2:21 PM Chairman Lantz called the meeting to order. 10. PUBLIC HEARING (CONTINUED): (Note: The individuals who testified in the following case under Item 10, "Public Hearing, " were first sworn in by the Attorney for the Board.) B. Case #01— 2020: Collier County Board of County Commissioners, Plaintiff, vs. Roberto M. Torres, Respondent, d/b/a "Premier Pavers, Inc." Collier County Licensed Contractor (LCC 20160000367) — Misconduct Chairman Lantz (directed his question to the Respondent): So, do you remember the procedures that we talked about earlier? Roberto Torres: Yes. Chairman Lantz (directed his question to Staff): If you could begin with your Opening Statement, please. Ruben Martinez, Licensing Compliance Officer, presented the County's case. Collier Count penins Statement presented by Compliance Officer Martinez: Collier County filed the Administrative Complaint against the Respondent, Robert M. Torres, Collier County Paving Block Contractor with Issuance Number 201600000170, who is the Qualifier for Premier Paver, Inc. Richard Joslin moved to approve entering the information packet in Case #2020-01 into evidence on behalf of the County. Vice Chairman Nolton offered a Second in support of the motion. Carried unanimously, 7 — 0. Mr. Torres applied for and obtained a Right -of -Way Permit on behalf of an unlicensed company, Unlimited Paver Supplies, Inc., to remove a concrete driveway, supply and install a 15" corrugated plastic culver pipe, supply and install a paver driveway. Mr. Torres is in violation of Collier County Municode Section 22-201(1) by knowingly 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 provision of this Ordinance. 82 Packet Pg. 85 4.A.1 January 15, 2020 Respondent, Roberto M. Torres, presented his Opening Statement: At no time was the work being completed by Unlimited Paver Supplies — it was completed by Premier Paver. Certain aspects of the work were subcontracted to labor workers. Unlimited Paver Supplies only provided material for the work. Terry Jerulle: Could you say that last part again — I didn't hear you. Respondent Torres: Unlimited Paver Supplies was a material store — they provided material. Chairman Lantz Questioned the Respondent: Q. And y our company is Premier Paver? A. Correct. Q. And the homeowner had a contract with you or with Unlimited Paver Supplies? A. Both. He contracted with me as far as the labor work and he was supposed to have one with the store for the material portion of it. Q. So, what we were told — there's a fee — the contracted amount of $9,200. A total of $8,761.00 was paid to Unlimited Paver Supplies — that was for the material and then the labor was separate? A. The contract was actually bigger than that. That was for the material portion of it. The check went to the store — the materials store. Q. And then what was the labor portion of it? A. I don't have the numbers in front of me, but it was, basically, about half. Q. So, the homeowner wasn't spending $9,200 for the job on the paver work — they were probably spending about $14,000 — is what you're saying? A. I think it was even more than that. Q. Okay. And, so, that's your Opening Statement? A. Yes, that's it. Q. Okay. Chairman Lantz: Mr. Martinez, do you want to proceed with the County's case? Ruben Martinez: Sure. By the way, the homeowner is here, so I will be introducing him as a Witness. Collier County's Case in Chief was presented by Compliance Officer Martinez: • On or about December 4, 2019, the Collier County Licensing Department received a complaint from the homeowner, Steven T. Merkel, regarding work performed at his residence at 148 Jonnycake Drive, Naples, Florida. • The complaint was that the contractor failed to follow the County's procedures and conditions in competing the work. • The homeowner stated he paid in full for the work after he was told by the contractor that all permits had been completed. • The homeowner later found out from the County's website, Cityview, that there were some pending inspections due to failed inspections, and he learned that the permit had been obtained by Roberto M. Torres from Premier Pavers. [Exhibit 10 —Page 275] 83 Packet Pg. 86 4.A.1 January 15, 2020 • The case was assigned to me by Mr. Ossorio, and the case number is CEMIS20190014369. • Upon investigation, it was discovered that, on May 22, 2019, Andres Zapata representing Unlimited Paver Supplies, Inc. signed a contract with the homeowner to perform the following work at the homeowner's residence: o remove the concrete driveway; o install a 15' corrugated plastic culvert pipe; o supply and install a 4' DOT base rock on driveway; o supply screened 131 paver -set sand; o supply and install 60 mm pavers, o clean and seal pavers. The contracted amount was $9,200. [Exhibits 6 and 7, Page 271 — 272] • A review of the records revealed that on June 13, 2019, Mr. Torres applied, on behalf of Premier Pavers, for a Right -of -Way Permit pertaining to the above - referenced work that was later performed by Unlimited Paver Supplies. • The Application was signed by Mr. Torres and notarized. It stated that he was retained by the homeowner/permittee to provide contracted services for the trade for which he was listed. • Unlimited Paver Supplies is an unlicensed company that has been issued Citations on three separate occasions for conducting business in Collier County. • Based on the investigation and pursuant to Collier County Municode Section 22-202(a)(2) and (b), the Contractor Licensing Office Supervisor determined that sufficient cause existed to warrant filing formal charges. The Witness was called to testify on behalf of Collier County. Examination of the Witness by Licensing Compliance Officer Martinez: Q. Can you state your name and your address? A. Steven Merkel, 148 Jonnycake Drive, Naples, Florida Q. Did you sign a contract with Unlimited Paver Supplies or with Premier Pavers? A. Unlimited Paver Supplies. Q. Did you have any dealings with the Respondent, Mr. Torres, during the process of obtaining the permits or application or doing the work at your residence? A. This is the first time that I've met Mr. Torres. Officer Martinez: This is all I have. Chairman Lantz (to Respondent): Do you have any question? Cross -Examination of the Witness by the Respondent: Q. How many contracts did you sign? A. I signed one contract. Q. Were you presented with a second contract on behalf of Premier Pavers? A. I was not. 84 Packet Pg. 87 4.A.1 January 15, 2020 Q. Did Mr. Zapata explain to you how we operate — that I am the license holder and he provides materials? A. He initially said that, but then the truck that showed up at the house to the driveway all had "Unlimited Pavers" on it and all my dealings — start to finish — was with Unlimited Pavers. In the contract that I signed Unlimited Pavers was hired to do everything. There was nothing extra above and beyond the $9,200. Q. Did you see — you said the truck had "Unlimited Paver Supplies" on it — was one of them a dump truck to haul away concrete? A. That's correct. Q. Was it the same dump truck that also delivered the base rock to your job site? A. That I would not know — I was not there at the time. Q. Okay. Was it the same dump truck that delivered two tons of pavers? A. I would not recognize if it was the same dump truck, no. Q. Was there a smaller version of another dump truck that picked up the garbage once the work was completed? A. I was only there for the removal of the concrete. I was not there for the delivery of the materials. Q. Did you watch them remove the concrete? A. I did and I took pictures. Q. Where did the concrete go — they had to put it somewhere? A. They put it in the dump truck that said "Unlimited Pavers" on it and then they took it away. Q. Okay. So, you did see a dump truck with "Unlimited Paver Supplies" label on it - - correct? A. Correct. Q. You said you saw trucks — can you describe the trucks with "Unlimited Paver Supplies" labels on them? A. Just another truck that brought the backhoe ... I don't know if that's the correct word for it — a small -looking loader. It was on a loading truck. Q. So, it's safe to say you saw a bobcat being delivered on a truck that had another "Unlimited Paver Supplies" label on it? A. Yes, sir. The ironic thing is the guy who I did the contract with turned out to be the same guy who drove the truck, drove the bobcat, and everything. This Andres guy from Unlimited Pavers was really the only guy that I dealt with from start to finish — potential finish. And to my surprise — like I said, he was the one who jumped on the bobcat, too — and did the job. I was kind of taken off by that because I thought he was just the guy who did quotes and sales. Q. Okay. Did Andres ever explain to you that he's my father-in-law and we work together — we help each other out — I help him with his business, and he helps me with mine? A. That was not explained at all. Q. Did he explain the whole licensing thing? Did he tell you that? A. No. Q. Did you see anybody from Unlimited Paver Supplies — besides Andres — working at that job site? 85 Packet Pg. 88 4.A.1 January 15, 2020 A. Yes, he had a crew that actually put in the ... after the pavers were delivered and they wanted to lay the brick pavers — he had a crew of five or six gentlemen who laid the actual brick pavers. Q. Are you saying they were employees of Unlimited Paver Supplies or they may be another company that he subcontracted to — to get the work done? A. That's a question that I can't answer at this time. I have no idea. Q. Do you have any knowledge of them being employees of Unlimited Paver Supplies? A. I have no idea. Respondent Torres: I have nothing else. Chairman Lantz (to Officer Martinez): Do you have anything else? Examination of the Respondent by Licensing Compliance Officer Martinez: Q. You mentioned Mr. Zapata. Is he a licensed contractor? A. He is not, no. Q. Okay. You said you help each other out. Is that because he is family? A. Yes. Q. Okay. Does this mean you pull the permits for him? A. I pull permits for Premier Pavers and I'm the one doing the work. Q. Okay. But you were never at that site? A. Sometimes if I might be on another job site, I cannot show up. Q. I know, but we are talking about this specific cite. A. On that day, I was not there, no. Q. And on the other dates? A. No. Chairman Lantz questioned the Respondent: Q. Are "Andres" and "Mr. Zapata" the same person or two different people? A. Same person. Q. Okay Richard Joslin questioned the Respondent: Q. Premier Pavers — that's you? A. Yes, sir. Q. And the Unlimited Pavers is the supply company — is that right ...? A. Yes. Q. Are they licensed? A. They are not, no. Q. They are not licensed. They are just a manufacturer of pavers or ...? A. Not a manufacturer — they carry supplies like pavers and ... Q. As a supply company, they go buy the pavers at whatever price? A. Exactly. And they sell sand and everything you need. 86 Packet Pg. 89 4.A.1 January 15, 2020 Chairman Lantz: Are there any more questions for Mr. Merkel or anything else from you, Mr. Martinez? [He nodded, no.] Does anyone on the Board have any questions? [No response.] Chairman Lantz (to Officer Martinez): Are you resting the County's case? The response was affirmative. Chairman Lantz (to the Respondent): All aright sir, the ball is in your court. Now is your chance to defend yourself. The Respondent presented his Defense: To backtrack a little bit, when my father-in-law and I started working together — we are based out of Cape Coral. I make sure we are legal and that we don't have any issues — if Cape Coral says yes, then its fine. We brought it down here and started working the same way down here. At one point there was an issue when he was fined for unlicensed contracting and I believe the person who ... I was present, and me and him started talking to the Investigator. I believe his name was Jack but I'm not 100% sure, if I remember correctly. We told him what we were doing — we wanted clarity to make sure there were no issues — we didn't want to have any legal issues with the license. He told us as long as you have separate contracts showing the materials and showing labor — and the homeowner clearly understands everything about the way you operate, and one check is written for the materials and one check is written at the end to Premier Pavers, he did not foresee any issues. That's the way we have been operating. Somewhere along the line, I guess Unlimited Paver Supplies hired a new employee in the office. She was messing up — she was basically copying my contracts onto theirs for the materials. This cause some confusion, obviously, with the homeowners. I wasn't aware of it because I don't go through their files and I don't go through their paperwork. I have my own stuff to go through. This all surfaced just recently. Everyone is coming to me because I'm in pavers and this all spiked because Unlimited Paver Supplies is out of business. There are a few customers in Naples who gave money to him for the material portion of it and then he closed his doors. Of course, they are aggravated because they are not getting their money. Without the materials, I can't do their work for them. So, they can't go after him — nobody can do anything to him ... not really ... civilly or criminally. So, the only one standing is me. All this stuff is surfacing, and I'm having to pay the consequences for somebody else. Chairman Lantz questioned the Respondent: Q. So, we have a contract — Page 271 in our packet — it shows a contract from Unlimited Paver Supplies for $9,200 and that includes the labor and the culvert. There is a weird note in the culver, "No miner ends to be installed by Premier Pavers." But it is an Unlimited Paver Supplies' contract. It shows the sand, and it shows the paver installation labor for $1.60 per square foot. So, what you're saying is you were doing separate contracts, however, somehow. they got merged and then became one contract. This is an example of where — there are not two 87 Packet Pg. 90 4.A.1 January 15, 2020 contracts as you thought in the beginning — this is all on one contract under their name, not yours. A. Right, and the homeowner is almost signing two contracts for the exact same work Vice Chairman Nolton: You asked Mr. Merkel about signing two contracts — do you have another contract — a different one to sign? A. I don't know if it's in here — I kind of just brought what Ruben gave me. Q. So, this contract that we have here for $9,200 is basically for labor, permit fees, culvert and then there's a separate price for pavers — right? A. No, the pavers are in there — the $2,400. Q. That's the "gem 50 mm pavers white cement" — that's for the material? A. Yes, sir. It also has the installation. Q. So, one contract covered everything? Vice Chairman Nolton: This clearly has everything and both payments were made to Unlimited Paver Supplies. Terry Jerulle: Mr. Chairman, may I? Chairman Lantz: Yes. Terry Jerulle questioned the Respondent: Q. Mr. Torres, you pulled the permit for this work? A. I did, yes. Q. And did you receive money for this work? A. No, I did not. Q. Basically, that's it in a nutshell, isn't it? You didn't do the work and you didn't get paid. You pulled the permit — and I'm not putting words in your mouth and I'm not trying to argue with you ... but it appears from the evidence that I have ... you pulled the permit for the work and Pavers Unlimited did the work and got paid for it. A. I'm sorry — I take my comment back — you asked me if I pulled the permit and yes, I pulled the permit. You asked me if I received any payments from this, and I did because the work was completed. Q. Did you receive it from the owner or from Unlimited Paver Supplies? A. It should have been directly to me. But I don't have ... Q. You're right ... it should have. Vice Chairman Nolton: Because the evidence that we have shows two payments to Unlimited Paver Supplies. A. That is correct. Chairman Lantz: Is it typical — I can't imagine this happening — but is it typical for you guys to install a culvert pipe and not be responsible for the mitered end? Isn't that part of the inspection? 88 Packet Pg. 91 4.A.1 January 15, 2020 A. Sometimes a County requires it, but we don't find out these things until the inspection comes up. Chairman Lantz: So, mitered ends aren't required every time when you do the ...? Patrick White: Because they might have a head wall? A. Correct. Terry Jerulle: It's one or the other. Respondent Torres: As far as the checks, this wasn't supposed to happen anymore. This is the issue that we had when I originally meet with Jack. Mr. Zapata was fined for the unlicensed contracting. There were no overt issues on my part. Since we're family — we sometimes cross our accounts — we owe each other money to pay for this, and that's what happened there. But, for the most part, the checks were made to me as far as the labor portion once the job is completed. At the beginning, the checks go to Unlimited Pavers Supplies for the material part of it. It's the way we operate. Terry Jerulle: Your father-in-law, Mr. Zapata ...Unlimited Paver Supplies ... is out of business? A. Yes, sir. Terry Jerulle: Because he should be here for doing unlicensed work as well. A. You're right. Officer Martinez: Those cases — because they were cited for these incidents before on three occasions — they had a fourth occasion in 2019, so this time we referred the case to the investigators at the Collier County Sheriff's office and they are actively investigating them. Chairman Lantz: Who operated the Skidsteer when they pulled up the concrete? A. On this specific job, I don't remember if it was him. You know, I have so much work. He does ... he's my father-in-law and we help each other ... I deliver material for his business. I've jumped in the truck ... the smaller dump truck ... and I'll deliver sand or throw some pavers on a pick-up truck and to pick them up for him. Chairman Lantz: Who set the pavers? A. Sorry. Chairman Lantz: Who set the pavers? A. Who put them in? We subcontract to other labor to install the pavers. Terry Jerulle: Do you have any employees? A. Me. Chairman Lantz: You couldn't just put your father-in-law on your payroll? A. Well, I thought we were doing everything legally — all I had to do is walk into the County office and tell them that I wanted to qualify his business and I think I would have been in the clear. I didn't know I was going to end up here — if I did, I would have done that and avoided these issues. Like I said, I sat down with Jack that one day and he said as long as we separated everything, we would be okay. Chairman Lantz: But you didn't separate them? On this particular job, you didn't separate them. It's a contract from Unlimited Paver Supplies and whether it's an oversight or not, it wasn't separate. 89 Packet Pg. 92 4.A.1 January 15, 2020 A. Right, and not to put the blame on anybody ... unfortunately, I don't look through the paperwork, I don't go through bank accounts ... sometimes I don't go through the contracts. Chairman Lantz: But you applied for the building permit? A. Correct. Chairman Lantz: Without a contract in hand? Patrick White: A Right-of-way application. Chairman Lantz: A right-of-way. A. I knew I had a contract — I just probably didn't prepare myself enough for today. But I know I had a contract. Chairman Lantz: And so, the first two payments — there were two payments that were made — both for $4,600 ... is that correct? Officer Martinez: No, the second one was for $4,000 ... Chairman Lantz: $4,751? Officer Martinez: Yes, and the difference in the amount versus what the estimate said was because there was some damage done to the property and the homeowner agreed with Mr. Zapata who offered a discount for the damage done to the property. Chairman Lantz: Okay. Officer Martinez: So, he paid in full. Chairman Lantz: He paid in full for what he was charged. Mr. Merkel: I did not realize that the job was not closed out until I later looked on the website and saw all the County's notes that the job was not closed out — he told me the job was done and I wouldn't have any problems with the County. Chairman Lantz: Now that's going to cost you some money. Richard Joslin: Where do we stand now — is it still not closed? Officer Martinez: It's still not closed — still pending possible inspections. It has failed inspections. However, I have an estimate for restitution that he provided to me which I will present to the Board. Chairman Lantz: He paid for the job in full and then everything went to ... so, how did you get paid for this job? What you're telling us is that you got paid from him [homeowner] and he is telling us he wrote two checks to Unlimited ... Patrick White: That's not what I understood. Terry Jerulle: No, he told me he was paid by Unlimited. Chairman Lantz: Oh, okay. I'm sorry. A. Yeah, because we're family we do cross the accounts sometimes. Sometimes, I mean ... right now, that company -- his company owes me a few thousand dollars. Somewhere along the lines, I'm sure we crossed and for me to go back now to pinpoint exactly where we crossed it and why it went to him and not me — would be really difficult. I don't think I could answer that right now. Richard Joslin: I could see how that could happen when family gets involved. Terry Jerulle: That's a choice ... Richard Joslin: I know. Terry Jerulle: Mr. Zapata has been fined per testimony before — he knew what he was doing. He knew what he was doing and what he wasn't doing. It's a clear case. Richard Joslin: I agree. 90 Packet Pg. 93 4.A.1 January 15, 2020 Terry Jerulle: It bothers me — what really bothers me is that you seem to know all this, and you did it anyway. And then you came today knowing there are still outstanding issues for the homeowner. It would have been a lot easier for us to make decisions if you had taken care of it. Do you understand what I'm saying? A. Yeah. Patrick White: Before we get to finding the violation and disciplinary action, are you clear on how to fix this ... at least for you ... if not the rest of your family? That's really what I want to know ... not so much that you're not going to be here again but that somebody like Mr. Markel isn't going to be here again. A. Right now, not to make anybody here feel sorry for me — that's not my purpose here — but he was given a lot of money from different people for material purposes and he's basically disappeared. And I'm dealing with a lot of attorneys and, obviously, today I'm dealing with my licensing problems, I'm doing all sorts of things because everybody is looking to me because I'm the only one standing. I'm trying to keep the business alive ... for me and for my family, and I'm trying to do what's right by helping all these people out. Patrick White: And that was the point of my question. Do you know what is right and, other than the financial implications, how to avoid being here again and digging the same hole deeper? A. Well, this will absolutely never happen again. I mean ... Patrick White: Why not? A. I'm sure you guys, as everybody here knows, you don't do business with family. Patrick White: Okay. A. ... and be very careful with who I partner up with. Unfortunately, this was the first business that I have run and, in the last few months, I have learned a lot all at one time. I won't be here ... Patrick White: The point is ... are you going to pull a permit for somebody else? A. No. And I will not be here again. Patrick White: That's kind of what I needed to hear — number one. And it's what I was hoping you would say because, at the end of the day, it's why you're here. The other things are all certainly part of life and business, but there's a pretty simple way to avoid it. Especially when you know that somebody has gotten Citations multiple times, it's ... three strikes and you're out. A. I really only knew about one — the one that I sat down with Jack ... the other ones I didn't know about. Patrick White: I'm not surprised. Thank you. I think you do know it today. Chairman Lantz: So, is your defense done or do you have anymore? A. That's it. Chairman Lantz: Mr. Martinez, would you like to make your Closing Statement? Collier County's Closing Statement presented by CoMpliance Officer Martinez: In Closing, it's clear that the Respondent applied for and obtained a permit on behalf of an unlicensed company. It's as simple as that. I have an estimate from the homeowner for restitution. The total is two thousand dollars. 91 Packet Pg. 94 4.A.1 January 15, 2020 Steven Merkel: The main thing that I want to accomplish, and I want you to understand — my neighbors saw me hire this company ... his father-in-law's company ... and they all came to me ... and when they asked, I referred them to Unlimited Paver Supplies. They had done two other driveways on the next street over — they had some issues, too — but it turned out nice. And then his father-in-law, who he is associated with, runs off with their money, too. There were three other people in my neighborhood — he ran off with over $20,000 — and now, they don't answer the phones — none of them do. So, we're all in the same situation ... the restitution is great for me but it's my image that I'm really concerned about — my neighbors say I cost them all this money Terry Jerulle: Because you referred them to an unlicensed contractor. Steven Merkel: Exactly ... and it's partially my fault. They had license numbers on all the invoices. Chairman Lantz: Mr. Torres, do you have a Closing Statement that you want to make? Michael Boyd: Did you call in the inspections? Are you aware that the inspections failed? A. Yes. Terry Jerulle: "Yes" — you're aware, or "Yes" — that you called them in? There are two questions, I believe. A. A little bit of both. As far as I knew, Mr. Merkel was going to get a company to the culvert runs and then they were going to go from there. Steve Merkel: The one problem I face is when you bring ten people out to quote a job and you pick the one you think will do the best job for you ... when you go back to those nine and ask them to come out to finish someone else's job — you probably don't get the best price and there isn't a huge amount of motivation to ... Chairman Lantz: Okay. Now to vote on Terry Jerulle moved to approve closing the Public Hearing in Case #2020-01. Patrick White offered a Second in support of the motion. Chairman Lantz: Well, according to this, we take a vote to determine guilt before we close the Public Hearing. I'm just going with the piece of paper that I have. Patrick White: We're down to one attorney. Chairman Lantz: I don't care either way —I'm just going with the piece of paper that I've been using for the last few. Attorney Schneck: I don't think it really matters but in the earlier hearing today, you took a vote first, closed the Public Hearing, and then moved on to the penalty phase. Chairman Lantz: Shall we close the Public Hearing. Patrick White: There's a motion and a second. Chairman Lantz called for a vote on the motion. Carried unanimously, 7 — 0. 92 Packet Pg. 95 4.A.1 January 15, 2020 Chairman Lantz: The Public Hearing is closed. So, now we determine guilt. Mr. Schneck, do you want to go over the reasons for the charge. Doesn't he have to tell us our reasons — like the Charge to the Jury? Attorney Schneck: I can review for the Board the Standard — the Evidentiary Standard. It is based upon the competent, substantial evidence in the record. With this case in mind, the Board can determine if the Respondent is guilty or not guilty. To make that determination, the Board must use what is called the "Clear and Convincing" Evidentiary Standard. The Standard is not quite as high as "Beyond a Reasonable Doubt" in a criminal case, and not as low as the "Preponderance of Evidence" in a civil case. That is your Standard. Chairman Lantz: All right. I think the Respondent has already admitted that he is guilty. Anybody have anything else on that? Richard Joslin moved to approve finding that the Respondent is guilty of violating Section 22-201(1) of the Municode as alleged in Count I of the Administrative Complaint. Michael Boyd offered a Second in support of the motion. Chairman Lantz: Any discussion? [No response from the members.] Chairman Lantz called for a vote on the motion. Carried unanimously, 7 — 0. Attorney Schneck: Now for the Sanctions phase of the case. The disciplinary Sanctions that the Board could impose against the Respondent in this case include: • Revocation of his license, • Suspension of his license; • Denial of the issuance or renewal of his license; • Impose a period of probation, but not to exceed two years; • Order Restitution; • Assess a fine in an amount not to exceed ten thousand dollars ($10,000); • Issue a public reprimand; • Require re-examination and/or trade tests; • Denial of the issuance of any future permits in Collier County or require the issuance of permits with specific conditions. Attorney Schneck continued: When considering these penalties, the Board should also consider the testimony and all the evidence presented, as well as the following factors: • 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 and the violator. Chairman Lantz: Mr. Ossorio, does the County have any recommendations? 93 Packet Pg. 96 4.A.1 January 15, 2020 Michael Ossorio: For the record, • the Respondent will do whatever is necessary to re -active Right -of -Way Permit No. PRROWW2019062751101 within thirty days. • If he is unable to complete the work, the Respondent is to make full restitution to Mr. Merkel in the amount of $2,000, to be paid within thirty days. • The Respondent will be placed on probation for a period of twenty-four months and he is to pay a fine of $2,000 to Collier County within six months. • If the fine is not paid within six months, the Respondent's license will be revoked. Mr. Ossorio explained the original permit was issued in Mr. Torres' name and was probably in the "Inactive" Status. If he reactivated it, he would be responsible for paying all required fees, including inspection fees. Patrick White moved to accept the County's recommendation as outlined above by Michael Ossorio, Contractors' Licensing Office, in Case #2020-01. Richard Joslin offered a Second in support of the motion. Discussion: • Michael Boyd: Is this the Respondent's first violation? • Michael Ossorio: There are some non-compliance cases that the Board might see in the future. • Vice Chairman Nolton: So, there may be some additional cases that are part of the father-in-law ...? • Michael Ossorio: Could be. But the Respondent has thirty days to either re- active the R -O -W Permit or pay $2,000 to the homeowner or his license will be revoked. • Vice Chairman Nolton: So, this is his first time before this Board, then? • Michael Ossorio: Yes. • Patrick White: Were Citations previously issued to the Respondent? • Michael Ossorio: None that I am aware of. • Terry Jerulle: Mr. Torres, how long have you been in business? • Roberto Torres: In May, I will hit five years. • Terry Jerulle: Mr. Torres, do you understand what we're doing? • Roberto Torres: Yes, I do. • Terry Jerulle: And will you make full restitution? • Roberto Torres: I will try to do what I can do. • Terry Jerulle: That's not the answer I am looking for — it should be, `absolutely, I will do whatever it takes.' Right? That's the answer I am looking for. • Vice Chairman Nolton: Are you still actively in business right now? • Roberto Torres: For now, I am, yes. • Vice Chairman Nolton: Do you have contracts — ongoing contracts? 94 Packet Pg. 97 4.A.1 January 15, 2020 • Roberto Torres: I haven't taken any more business in — I have two that I'm closing — not here in Collier, but up in Fort Myers. I'm not taking on any more business because I don't know if I'm going to survive this or not. • Patrick White: Well, if you don't take in business, then you won't. • Terry Jerulle: If you don't make your customers happy, you won't survive. • Richard Joslin: There's a way out —just work at it. • Roberto Torres: A lot of it is financial, and I don't have the finances to fix everyone. I've fixed the few that I could, you know, with left -over material to help some people. But, there's a list of thirty -something people ... you're talking about thousands and thousands of dollars, and I don't have it. I made insurance claims on two of them, but the insurance company said if I keep making claims, they will drop me. There's not much more that I can do. • Richard Joslin: Did you take deposits? • Roberto Torres: Yes, sir. • Richard Joslin: Where is the money now? • Roberto Torres: It went to Columbia. • Vice Chairman Nolton: So, you have contact numbers, you've gotten deposits from the owners, the clients, and you paid for the materials? • Roberto Torres: Yes, I paid for some. Luckily, as we were doing the separate contracts — you know, there are hiccups here, but most of them show the money was sent directly to him for materials, so it kind of separates me from that ... but they're closing the store ... or they closed it, so they have the no one else to go after but me. I mean, my name is still going to be on half the paperwork. Chairman Lantz: Any further discussion? Chairman Lantz called for a vote on the motion. Carried unanimously, 7 — 0. Chairman Lantz stated: • This cause came for a Public Hearing before the Contractors' Licensing Board on January 15, 2020 for consideration of the Administrative Complaint filed against Roberto M. Torres, d/b/a Premier Paver, 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 Orders of the Board as follows: Conclusions of Law, Findings of Fact, and Orders of the Board: • Roberto M. Torres, d/b/a Premier Paver, Inc., is the holder of record of a Collier County Certificate of Competency, License Number LCC20160000367. • The Collier County Board of County Commissioners is the Petitioner in 95 Packet Pg. 98 4.A.1 January 15, 2020 this matter and Roberto M. Torres is the Respondent. • Roberto M. Torres was present at the January 15, 2020 Public Hearing. He 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(1) are: o 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 without a license. o Count I - B: Roberto M. Torres is the holder of a license as a Paving Blocks Contractor. Roberto M. Torres is in violation of Collier County Municode Section 22-201(1) by knowingly combining or conspiring with an unlicensed contractor by allowing his Certificate of Competency to be used by an unlicensed contractor competency with the intent to evade the provisions of this Ordinance. • 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 I is approved, adopted, and incorporated herein, to wit: o The Respondent violated Ordinance #95-105, as amended, Section 22- 201(1) 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 489, and Collier County Ordinance #90-105, as amended, by a vote of seven (7) in favor and zero (0) opposed, a majority vote of the Board members present, the related Sanctions and the following Order are hereby imposed upon the holder of Certificate of Competency # LCC20160000367: o the Respondent will do whatever is necessary to re -active Right -of - Way Permit No. PRROWW2019062751101 within thirty days. o If he is unable to complete the work, the Respondent is to make full restitution to the homeowner in the amount of $2,000, to be paid within thirty days. o The Respondent will be placed on probation for a period of twenty- four months and he is to pay a fine of $2,000 to Collier County within six months. o If the fine is not paid within six months, the Respondent's license will be revoked. 96 Packet Pg. 99 4.A.1 January 15, 2020 Chairman Lantz: This proceeding is now concluded. Michael Ossorio: Mr. Chairman, just to be clear — the Respondent is to pay the full amount of restitution ($2,000) to the homeowner OR re -activate the permit, perform the work and obtain inspections within thirty days to close-out the permit. Chairman Lantz: I would just like to thank the County for bringing this case to the Board. It's the type of case I have been asking for — a licensed contractor pulling a permit for an unlicensed contractor. This is the first one I've seen since I became a member of the Board. I'm not saying it's the first time that someone has gotten into trouble for it ... it's just the first case that I've seen. Michael Ossorio: We do see a number of these. There is an affected parry — the homeowner, so do we try to mitigate it between the contractor and the homeowner to solve the problem. We do a lot of mitigation to make it right for the homeowner. With this case, unfortunately, the contractor was not able to and this is why he is here for the first time. We'll go forward from here. Richard Joslin: I just wanted to thank Michael for all he's done for the past two meetings and I know in the past you have helped this Board a lot. I look forward to having you here next month. Patrick White: I'd like to express my appreciation to Mr. Lantz for his service to the Board and the County over the past year. Job well done! NEXT MEETING DATE: WEDNESDAY, FEBRUARY 19, 2020 BCC Chambers, 3rd Floor — Administrative Building "F, Government Complex, 3301 E. Tamiami Trail, Naples, FL There being no further business for the good of the County, the meeting was adjourned at 3:30 PM 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" [] 97 Packet Pg. 100 6.A 02/19/2020 COLLIER COUNTY Contractor Licensing Board Item Number: 6.A Item Summary: Senate Bill 1336 & House Bill 3 Preemption of Local Occupational Licensing Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 9:03 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 9:03 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending Completed 02/11/2020 9:04 AM Completed 02/11/2020 4:51 PM Completed 02/12/2020 3:40 PM 02/19/2020 9:00 AM Packet Pg. 101 6.A.1 Florida Senate - 2020 SB 1336 By Senator Perry 8--01509A-20 20201336 1 A bill to be entitled 2 An act relating to preemption of local occupational 3 licensing; creating s. 163.21, F.S.; defining terms; 4 preempting licensing of occupations to the state; 5 providing exceptions; prohibiting local governments 6 from imposing additional licensing requirements or 7 modifying licensing unless specified conditions are 8 met; specifying that certain local licensing that does 9 not meet specified criteria does not apply and may not 10 be enforced; amending s. 489.117, F.S.; specifying 11 that certain specialty contractors are not required to 12 register with the Construction Industry Licensing 13 Board; prohibiting local governments from requiring 14 certain specialty contractors to obtain a license 15 under specified circumstances; specifying job scopes 16 for which a local government may not require a 17 license; amending ss. 489.1455 and 489.5335, F.S.; 18 authorizing counties and municipalities to issue 19 certain journeyman licenses; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 163.21, Florida Statutes, is created to 25 read: 26 163.21 Licensing of occupations preempted to state. -- 27 (1) DEFINITIONS.—As used in this section: 28 (a) "Licensing" means any training, education, test, 29 certification, registration, procedure, or license that is Page 1 of 5 CODING: Words strieken are deletions; words underlined are additions. Packet Pg. 102 6.A.1 Florida Senate - 2020 SB 1336 8-01509A-20 20201336 30 required for a person to perform an occupation in addition to 31 any associated fee. 32 (b) "Local government" means a county, municipality, 33 special district, or political subdivision of the state. 34 (c) "Occupation" means a paid job, profession, work, line 35 of work, trade, employment, position, post, career, field, 36 vocation, or craft. 37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.—The 38 licensing of occupations is expressly preempted to the state and 39 this section supersedes any local government licensing 40 requirement of occupations with the exception of the following 41 (a) Any local government that imposed licenses on 42 occupations before July 1, 2020. However, any such local 43 government licensing of occupations expires on July 1, 2022. 44 (b) Any local government licensing of occupations 45 authorized by general law. 46 (3) EXISTING LICENSING LIMIT.—A local government that 47 licenses occupations and retains such licensing} as set forth in 48 paragraph (2)(a) may not impose additional licensing 49 requirements on that occupation or modify such licensing. 50 (4) LOCAL LICENSING NOT AUTHORIZED.—Local licensing of an 51 occupation that is not authorized under this section or 52 otherwise authorized by general law does not apply and may not 53 be enforced. 54 Section 2. Paragraph (a) of subsection (4) of section 55 489.117, Florida Statutes, is amended to read: 56 489.117 Registration; specialty contractors. - 57 (4)(a) A person whose job scope 56 does not substantially correspond to either the job scope of one Page 2 of 5 CODING: Words n are deletions; words underlined are additions. Packet Pg. 103 6.A.1 Florida Senate - 2020 SS 1336 8-01509A-20 20201336_ 59 of the contractor categories defined in s. 489.105(3)(a) -(o), or 60 the job scope of one of the certified specialty contractor 61 categories established by board rule, is not required to 62 register with the board 63 . A local government, as 64 defined in s. 163.21(1), may not require a person to obtain a 65 license for a job scope which does not substantially correspond 66 to the job scope of one of the contractor categories defined in 67 s. 489.105(3)(a) -(o) and (q) or authorized in s. 489.1455(1). 68 For purposes of this section, job scopes for which a local 69 government may not require a license include, but are not 70 limited to, painting, flooring, cabinetry, interior remodeling, 71 driveway or tennis court installation, decorative stone, tile, 72 marble, granite, or terrazzo installation, plastering, 73 stuccoing, caulking, canvas awning, and ornamental iron 74 installation. 75 Section 3. Section 489.1455, Florida Statutes, is amended 76 to read: 77 489.1455 Journeyman; reciprocity; standards. - 78 (1) Counties and municipalities are authorized to issue 79 journeyman licenses in the plumbing, pipe fitting, mechanical, 80 or HVAC trades. 81 (2)444- An individual who holds a valid, active journeyman 82 license in the plumbing, pipe fitting }9leffibieg,'pipec`_-g, 83 mechanical, or HVAC trades issued by any county or municipality 84 in this state may work as a journeyman in the trade in which he 85 or she is licensed in any county or municipality of this state 86 without taking an additional examination or paying an additional 87 license fee, if he or she: Page 3 of 5 CODING: Words stfieken are deletions; words underlined are additions. Packet Pg. 104 6.A.1 Florida Senate - 2020 SB 1336 8-01509A-20 20201336_ 88 (a) Has scored at least 70 percent, or after October 1, 89 1997, at least 75 percent, on a proctored journeyman Block and 90 Associates examination or other proctored examination approved 91 by the board for the trade in which he or she is licensed; 92 (b) Has completed an apprenticeship program registered with 93 a registration agency defined in 29 G.F.R. s. 29.2 and 94 demonstrates 4 years' verifiable practical experience in the 95 trade for which he or she is licensed, or demonstrates 6 years' 96 verifiable practical experience in the trade for which he or she 97 is licensed; 98 (c) Has satisfactorily completed specialized and advanced 99 module coursework approved by the Florida Building Commission, 100 as part of the building code training program established in s. 101 553.841, specific to the discipline or, pursuant to 102 authorization by the certifying authority, provides proof of 103 completion of such coursework within 6 months after such 104 certification; and 1015 (d) Has not had a license suspended or revoked within the 106 last 5 years. 107 (3)}2-}- A local government may charge a registration fee for 108 reciprocity, not to exceed $25. 109 Section 4. Section 489.5335, Florida Statutes, is amended 110 to read: 111 489.5335 Journeyman; reciprocity; standards. - 112 (1) Counties and municipalities are authorized to issue 113 journeyman licenses in the electrical and alarm system trades. 114 (2)+�+ An individual who holds a valid, active journeyman 115 license in the electrical or alarm system trade issued by any 116 county or municipality in this state may work as a journeyman in Page 4 of 5 CODING: Wordsqt�=e? are deletions; words underlined are additions. Packet Pg. 105 6.A.1 Florida Senate - 2020 SB 1336 8-01509A-20 20201336_ 117 the trade in which he or she is licensed in any other county or 118 municipality of this state without taking an additional 119 examination or paying an additional license fee, if he or she: 120 (a) Has scored at least 70 percent, or after October 1, 121 1997, at least 75 percent, on a proctored journeyman Block and 122 Associates examination or other proctored examination approved 123 by the board for the ,,.e f trade in which he or she is 124 licensed; 125 (b) Has completed an apprenticeship program registered with 126 a registration agency defined in 29 C.F.R. s. 29.2 and 127 demonstrates 4 years' verifiable practical experience in the 128 tfiea trade for which he or she is licensed, or 129 demonstrates 6 years' verifiable practical experience in the 130 eleet-'ea trade for which he or she is licensed; 131 (c) Has satisfactorily completed specialized and advanced 132 module coursework approved by the Florida Building Commission, 133 as part of the building code training program established in s. 134 553.841, specific to the discipline,— or, pursuant to 135 authorization by the certifying authority, provides proof of 136 completion of such curriculum or coursework within 6 months 137 after such certification; and 138 (d) Has not had a license suspended or revoked within the 139 last 5 years. 140 (3)+2+ A local government may charge a registration fee for 141 reciprocity, not to exceed $25. 142 Section 5. This act shall take effect July 1, 2020. Page 5 of 5 CODING: Words stv4:eken are deletions; words underlined are additions. Packet Pg. 106 F L O R I D A H O U S E O F CS/HB 3 6.A.1 R E P R E S E N T A T I V E S 2020 1 A bill to be entitled 2 An act relating to preemption of local occupational 3 licensing; creating s. 163.211, F.S.; providing 4 definitions; preempting licensing of occupations to 5 the state; providing exceptions; prohibiting local 6 governments from imposing additional licensing 7 requirements or modifying licensing unless specified 8 conditions are met; specifying that certain local 9 licensing that does not meet specified criteria does 10 not apply and may not be enforced; amending s. 11 489.117, F.S.; specifying that certain specialty 12 contractors are not required to register with the 13 Construction Industry Licensing Board; prohibiting 14 local governments from requiring certain specialty 15 contractors to obtain a license under specified 16 circumstances; specifying job scopes for which a local 17 government may not require a license; amending ss. 18 489.1455 and 489.5335, F.S.; authorizing counties and 19 municipalities to issue certain journeyman licenses; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 163.211, Florida Statutes, is created 25 to read: Page 1 of 6 CODING: Words str Gkee are deletions; words underlined are additions. hb0003-01-c1 Packet Pg. 107 F L O R I D A H O U S E O F CS/HB 3 6.A.1 R E P R E S E N T A T I V E S 2020 26 163.211 Licensing of occupations preempted to_state.- 27 (1) DEFINITIONS. -As used in this section: 28 (a) "Licensing" means any training, education, test, 29 certification, registration, or license that is required for a 30 person to perform an occupation in addition to any associated 31 fee. 32 (b) "Local government" means a county, municipality, 33 special district, or political subdivision of the state. 34 (c) "Occupation" means a paid job, profession, work, line 35 of work, trade, employment, position, post, career, field, 36 vocation, or craft. 37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. -The 38 licensing of occupations is expressly preempted to the state and 39 this section supersedes any local government licensing 40 requirement of occupations with the exception of the following: 41 (a) Any local government that imposed licenses on 42 occupations before July 1, 2020. However, any such local 43 government licensing of occupations expires on July 1, 2022. 44 (b) Any local overnment licensing of occupations 45 authorized by general law. 46 (3) EXISTING LICENSING LIMIT. -A local government that 47 licenses occupations and retains such licensing as set forth in 48 paragraph (2)(a) may not impose additional licensing 49 requirements on that occupation or modify such licensing. 50 (4) LOCAL LICENSING NOT AUTHORIZED. --Local licensing of an Page 2 of 6 CODING: Words -3406kep are deletions; words underlined are additions. hb0003-01--11 Packet Pg. 108 6.A.1 F L Q R I D A H O U S E O F R E P R E S E N T A T I V E S CSIHB 3 511 occupation that is not authorized under this section or 2020 52 otherwise authorized by general law does not apply and may not 53 be enforced. 54 Section 2. Paragraph (a) of subsection (4) of section 55 489.117, Florida Statutes, is amended to read: 56 489.117 Registration; specialty contractors. - 57 14)(a) A person helding a leeal—teense whose job scope 58 does not substantially correspond to either the job scope of one 59 of the contractor categories defined in s. 489.105(3)(a) -(o), or 60 the job scope of one of the certified specialty contractor 61 categories established by board rule, is not required to 62 register with the board 63 the --5ee}ae—of sitespeeialty lieense. A local government, as 64 defined in s. 163.21(1), may not require a person to obtain a 65 license for a job scope which does not substantially correspond 66 to the job scope of one of the contractor categories defined in 67 s. 489.105(3)(x) -(o) and (q) or authorized in s. 489.1455(1). 68 For purposes of this section, job scopes for which a local 69 government may not require a license include, but are not 70 limited to, painting, flooring, cabinetry, interior remodeling, 7-- driveway or tennis court installation, decorative stone, tile, 72 marble, granite, or terrazzo installation, plastering, 73 stuccoing, caulking, canvas awning, and ornamental iron 74 installation. 75 Section 3. Section 489.1455, Florida Statutes, is amended Page 3 of 6 CODING: Words stOokeR are deletions; words underlined are additions. hb0003-0'-c1 CO) m a Packet Pg. 109 6.A.1 F L 0 R I D A H O U S E O F R E P R E S E N T A T I V E S 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 9, 98 99 100 CSIHB 3 2020 to read: 489.1455 Journeyman; reciprocity; standards.— (1) Counties and municipalities are authorized to issue journeyman licenses in the plumbing, pipe fitting, mechanical, or HVAC trades. (2)+-!-} An individual who holds a valid, active journeyman license in the plumbing, pipe fitting Fluf;ftbinq .pipe f tt ^ -, mechanical, or HVAC trades issued by any county or municipality in this state may work as a journeyman in the trade in which he or she is licensed in any county or municipality of this state without taking an additional examination or paying an additional license fee, if he or she: (a) Has scored at least 70 percent, or after October 1, 1997, at least 75 percent, on a proctored journeyman Block and Associates examination or other proctored examination approved by the board for the trade in which he or she is licensed; (b) Has completed an apprenticeship program registered with a registration agency defined in 29 C.F.R. s. 29.2 and demonstrates 4 years' verifiable practical experience in the trade for which he or she is licensed, or demonstrates 6 years' verifiable practical experience in the trade for which he or she is licensed; (c) Has satisfactorily completed specialized and advanced module coursework approved by the Florida Building Commission, as part of the building code training program established in s. Page 4 of 6 CODING: Words s*ken are deletions; words underlined are additions. hb0003-01-c 1 Packet Pg. 110 6.A.1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 3 2020 101 553.841, specific to the discipline or, pursuant to 102 authorization by the certifying authority, provides proof of 103 completion of such coursework within 6 months after such 104 certification; and 105 (d) Has not had a license suspended or revoked within the 106 last 5 years. 107 (3)4-2} A local government may charge a registration fee 108 for reciprocity, not to exceed $25. 109 Section 4. Section 489.5335, Florida Statutes, is amended 110 to read: 111 489.5335 Journeyman; reciprocity; standards. - 112 (1) Counties and municipalities are authorized to issue 113 journeyman licenses in the electrical and alarm system trades. 114 (2)+1} An individual who holds a valid, active journeyman 115 license in the electrical or alarm system trade issued by any 116 county or municipality in this state may work as a journeyman in 117 the trade in which he or she is licensed in any other county or 118 municipality of this state without taking an additional 119 examination or paying an additional license fee, if he or she: 120 (a) Has scored at least 70 percent, or after October 1, 121 1997, at least 75 percent, on a proctored journeyman Block and 122 Associates examination or other proctored examination approved 123 by the board for the elect lea trade in which he or she is 124 licensed; 125 (b) Has completed an apprenticeship program registered Page 5 of 6 CODING: Words s!04eri are deletions; words underlined are additions. hb0003-01-c1 Packet Pg. 111 6.A.1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/H8 3 2020 126 with a registration agency defined in 29 C.F.R. s. 29.2 and 127 demonstrates 4 years' verifiable practical experience in the 126 .'....t_: a trade for which he or she is licensed, or 129 demonstrates 6 years' verifiable practical experience in the 130 eleetfieai trade for which he or she is licensed; 131 (c) Has satisfactorily completed specialized and advanced 132 module coursework approved by the Florida Building Commission, 133 as part of the building code training program established in s. 134 553.841, specific to the discipline -r or, pursuant to 135 authorization by the certifying authority, provides proof of 136 completion of such curriculum or coursework within 6 months 137 after such certification; and 138 (d) Has not had a license suspended or revoked within the 139 last 5 years. 140 (3)+2+ A local government may charge a registration fee 141 for reciprocity, not to exceed $25. 142 Section 5. This act shall take effect July 1, 2020. Page 6 of 6 CODING: Words 6tfisken are deletions; words underlined are additions. hb0003-01 M m d N 7 O 2 0a CD M Cl) r m d t6 _ d U) a� E a Packet Pg. 112 COLLIER COUNTY Contractor Licensing Board Item Number: 6.13 Item Summary: Florida Statutes 489.113 - Reasonable Investigative Cost Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 9:24 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 9:24 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending 6.B 02/19/2020 Completed 02/11/2020 9:24 AM Completed 02/11/2020 4:49 PM Completed 02/12/2020 3:41 PM 02/19/2020 9:00 AM Packet Pg. 113 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2019 v Go The 2o19 Florida Statutes Page 1 of Title XXXII Chapter 489 View Entire Chapter REGULATION OF PROFESSIONS AND OCCUPATIONS CONTRACTING CHAPTER 489 CONTRACTING PART I CONSTRUCTION CONTRACTING (ss. 489.101-489.146) PART 11 ELECTRICAL AND ALARM SYSTEM CONTRACTING (ss. 489.501-489.538) PART III SEPTIC TANK CONTRACTING (ss. 489.551-489.558) PART I CONSTRUCTION CONTRACTING 489.101 Purpose. 489.103 Exemptions, 489.105 Definitions. 489.107 Construction Industry Licensing Board. 489.108 Rulemaking authority. 489.109 Fees. 489.111 Licensure by examination. 489.113 Qualifications for practice; restrictions. 489.1131 Credit for relevant military training and education. 489.1136 Medical gas certification. 489.114 Evidence of workers' compensation coverage. 489.115 Certification and registration; endorsement; reciprocity; renewals; continuing education. 489.116 Inactive and delinquent status; renewal and cancellation notices. 489.117 Registration; specialty contractors. 489.118 Certification of registered contractors; grandfathering provisions. 489.119 Business organizations; qualifying agents. 489.1195 Responsibilities. 489.121 Emergency registration upon death of contractor. http:l/www.leg.state.fl.us/Statutes/index.cfm9App_mode=Display_Statute&U RL=0400-04... packet Pg. 114 (b) The local governing body of a county or municipality, or its local enforcement bod 6.B.1 authorized to enforce the provisions of this part as well as its local ordinances against locally Licensed or registered contractors, as appropriate. The local jurisdiction enforcement body may conduct disciplinary proceedings against a locally licensed or registered contractor and may requ- restitution, impose a suspension or revocation of his or her local license, or a fine not to exceed $5,000, or a combination thereof, against the locally licensed or registered contractor, according to ordinances which a local jurisdiction may enact. In addition, the local jurisdiction may assess reasonable investigative and legal costs for the prosecution of the violation against the violator, according to such ordinances as the local jurisdiction may enact. y U (c) In addition to any action the local jurisdiction enforcement body may take against the r individual's local license, and any fine the local jurisdiction may impose, the local jurisdiction M T enforcement body shall issue a recommended penalty for board action. This recommended penah may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the board, or a combinatioi o thereof. The local jurisdiction enforcement body shall inform the disciplined contractor and the complainant of the local license penalty imposed, the board penalty recommended, his or her rights to appeal, and the consequences should he or she decide not to appeal. The local M r jurisdiction enforcement body shall, upon having reached adjudication or having accepted a pleaCO nolo contendere, immediately inform the board of its action and the recommended board penalty (d) The department, the disciplined contractor, or the complainant may challenge the local jurisdiction enforcement body's recommended penalty for board action to the Construction Industry Licensing Board. A challenge shall be filed within 60 days after the issuance of the L U- recommended penalty to the board. If challenged, there is a presumptive finding of probable cau CD and the case may proceed without the need for a probable cause hearing. (e) Failure of the department, the disciplined contractor, or the complainant to challenge thl M local jurisdiction's recommended penalty within the time period set forth in this subsection shall T" 00 constitute a waiver of the right to a hearing before the board. A waiver of the right to a hearing r before the board shall be deemed an admission of the violation, and the penalty recommended CUCU shall become a final order according to procedures developed by board rule without further boar( action. The disciplined contractor may appeal this board action to the district court. o (f)1. The department may investigate any complaint which is made with the department. `` However, the department may not initiate or pursue any complaint against a registered contracts r 11 who is not also a certified contractor where a local jurisdiction enforcement body has jurisdictior u over the complaint, unless summary procedures are initiated by the secretary pursuant to s. w a 455.225(8), or unless the local jurisdiction enforcement body has failed to investigate and prosecute a complaint, or make a finding of no violation, within 6 months of receiving the complaint. The department shall refer the complaint to the local jurisdiction enforcement body f investigation, and if appropriate, prosecution. However, the department may investigate such complaints to the extent necessary to determine whether summary procedures should be initiate(.. Packet Pg. 115 2. Upon a recommendation by the department, the board may make conditional, su rescind its determination of the adequacy of the local government enforcement body's disciplinar procedures granted under s. 489.117(2). (g) Nothing in this subsection shall be construed to allow local jurisdictions to exercise disciplinary authority over certified contractors. (8) A local enforcement board may petition the secretary of the department for issuance of summary order against a certificateholder or registrant for any violation of this part. (9) The right to create local boards in the future by any municipality or county is preservec r (10) No municipal or county government may issue any certificate of competency or license any contractor defined in s. 489.105(3)(a) -(o) after July 1, 1993, unless such local government > exercises disciplinary control and oversight over such locally licensed contractors, including 21 forwarding a recommended order in each action to the board as provided in subsection (7). Eat local board that licenses and disciplines contractors must have at least two consumer representatives on that board. If the board has seven or more members, at least three of those o members must be consumer representatives. The consumer representative may be any resident the local jurisdiction who is not, and has never been, a member or practitioner of a profession M regulated by the board or a member of any closely related profession. (11) Any municipal or county government which enters or has in place a reciprocal agreemfCO which accepts a certificate of competency or license issued by another municipal or county government in lieu of its own certificate of competency or license allowing contractors definec 2u s. 489.105(3)(a) -(o), shall file a certified copy of such agreement with the board not later than L days after July 1, 1993, or 30 days after the effective date of such agreement. 0 (12) Unless specifically provided, the provisions of this part shall not be construed to creat+ civil cause of action. History. -ss. 10, 17, ch. 79-200; s. 372, ch. 81-259; ss. 2, 3, ch. 81-318; s. 1, ch. 87-152; ss. 15, 20, 21, ch. 88-1 M T" 30, ch. 89-289; s. 35, ch. 89-374; s. 40, ch. 91-137; s. 4, ch. 91-429; s. 6, ch. 92-55; ss. 64, 70, ch. 92-149; s. 19, c o- 93-166; s. 265, ch. 94-119; s. 4, ch. 95-240; s. 10, ch. 96-298; s. 73, ch. 96-388; s. 51, ch. 97-98; s. 1130, ch. 97-1( c.0 U) 13, ch. 97-228; s. 24, ch. 98-287; s. 10, ch. 98-419; s. 125, ch. 2000-141; s. 36, ch. 2000-154; S. 35, ch. 2001-186; .2 ch. 2001-372; s. 10, ch. 2004.84; s. 119. ch. 2007-5; s. 10, ch. 2013-193. a •L 0 r C 0 E R Q Packet Pg. 116 COLLIER COUNTY Contractor Licensing Board Item Number: 8.A Item Summary: Orders of the Board Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 9:29 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 9:29 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending 8.A 02/19/2020 Completed 02/11/2020 9:29 AM Completed 02/11/2020 4:50 PM Completed 02/12/2020 3:41 PM 02/19/2020 9:00 AM Packet Pg. 117 8.B 02/19/2020 COLLIER COUNTY Contractor Licensing Board Item Number: 8.B Item Summary: Michael J. Marchetti - Bonita Springs Plumbing & Gas - Reinstatement of Permit Pulling Privileges Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 9:46 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 9:46 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending Completed 02/11/2020 9:46 AM Completed 02/11/2020 4:50 PM Completed 02/12/2020 3:41 PM 02/19/2020 9:00 AM Packet Pg. 118 OssorioMichaei From: OssorioM ichael Sent: Saturday, January 25, 2020 12.32 PM To: Julie Marchetti; BogertMichael Subject: RE: Reinstatement Review for February Thanks Julie. Please provide any correspondence from DBPR on this matter. From: Julie Marchetti <juliemarchetti339@gmail.com> Sent: Friday, January 24, 2020 1:09 PM To: BogertMichael <Michael.Bogert@colliercountyfl.gov> Cc: OssorioMichael <Michael.Ossorio@colliercountyfl.gov> Subject: Reinstatement Review for February 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. Hi Mike, It was a pleasure speaking with you and Mike Ossorio the other day. Please go ahead and get us on the schedule for next month for reinstatement. Thanks so much for your time and help. Julie Marchetti 239-872-0969 cell/text 8.B.1 Q Packet Pg. 119 View Master Protect View All Activities for this Licensee Add new person or business to Addre 8 B 1 Go to Alerts Licensee Information New Licensee (current project)17censee (no project) New Li Licensee Number C23293 Status Inactive v Name / Description BONITA SPRINGS PLUMBING & GAS, INC. Start Date I Type Contractor End Date V Inspector Submitted On Jurisdiction Collier County Department Operations Activity Description All Certificates from CDPlus; 23293, 23499 Lee County Bus Tax Numb: 1400415 9/19/14: BUS NEEDS TO UPDATE EXFMPT.9/23/14: UPDATED EXEMPT. **See Comments" Suggest Mai irng Address Exclude from Auto -Suggest? [ Add this Mailing Address as a Location Add Contact Number Mailing Address FO. BOX 2208 Address Line 2 Address Line 3 City/State/Zip BONITA SPRINGS FL 34133 - Country Email Imikemarcheffiocomcast.net Preferred Contacthlethod .f Receive SMS Text ❑ Notifications? Confidential? ❑ Contractor Attributes Contractor Type Business v Drivers License Number Workers Compensation Expiration Date Location it W'fmoredefds DOBI w Sponsorship Appliction Date Business Tax Receipt? Yes v Add Related Parcels and Addresses Add a Location To link a location to this Licensee, eater location information below. CityView will suggest possible matches as you type; Contacts Add newep rson or business to Address Book Go to Alerts Add a Contact To link a contact to this Licensee, enter contact information below. CityView will suggest possible matches as you type: BONITA SPRINGS PLUMBING & GAS, INC., Address:P. 0. BOX 2208, Phone;(239) 498-0808, Licensee s C23293 Q Packet Pg. 120 Licensee Information 8.B.1 Licensee Number 023293 Name BONITA SPRINGS PLUMBING & GA`_ Type Status Inactive v Descripton Type Property Alert +ieo Master Proie View All Activities for — s Licensee Add a newep rson or business to Address Book Go to Alerts Classifications Generate Defaults Add a Classification To add a classification to this Licensee, enter text below. CityView will suggest possible matches as you type: PLUMBING CONTR.-CERTIFIED -ink Type Date Entered Status Status Date PLUMBING CONTR.-CERTIFIED 06/03/2011 Inactive 06/13/2017 Unique Identifier 60473 Contractor Licensing Renewable? ❑ License Issuances Entered By System Administrator License Category State - Certified V Attach Driver License Photo]Ad IIssuarwe Link Type Status Date Issuer! Issuance Number Expiration ❑ate ;PLUMBI NGC0NTR.-CERTIFIED !Cancelled 09/24/2014 :23293 08/31/2016 ..x..........-------. ... - Entered By Date Entered Comments Qualifier: MARCHETTI, MICHAEL 30SEPH See documents for CLB Finding of Facts- Count 1 Misconduct. Permitting abiIites revoked. MMR 11/7/19 License Category State - Certified Renewable? ❑ State Reqistration Number CFC 056830 A A Packet Pg. 121 CoiLier County Growth Management Planning & Regulation November 07, 2019 Mr. G.W. Harrel[ Florida Construction Industry Licensing Board 1940 N. Monroe Street Tallahassee. FL 32399-1039 RE: Collier County Contractors Licensing Board — Case Numbers 2019-06. Dear Mr, Harrell. Enclosed are the Findings of Fact. Conclusions of Law and Orders of the local Board in the cases decided recently by the Collier County Contractors' Licensing Board. Board of County Commissioners vs. Michael J. Marchetti d/b/a Bonita Sp_nngs Plumbing and Gas Inc, Collier County Case Number 2019-06, and Collier County Certificate 16391 (CfC056830). This case was heard and decided by the local licensing Board on October 16, 2019 with a finding that Mr. Marchetti was in violation and local penalties were imposed to the limit allowed by Florida Statues, to wit, suspension of Mr. Marchetti right to pull building permits in Collier County, the City of Naples or City of Marco Island. The Board issued no local penalties and recommends to the State Board that Mr. Marchetti state certification be revoked. Further, the Board makes a recommendation to the Florida Construction Industry Licensing Board that a fine in the amount five thousand dollars ($$5,000.00) is imposed on the Respondent and legal and administrative costs as proven by Collier County be imposed if there are any questions concerning this case, please call me a (239) 252-4229. Sincerely, Everildo/Ybaceta Contractor Licensing Supervisor 2800 N Horseshoe OR Naples, FL 34104 Enclosures CC: Jonathan Walsh Buddmng Official 8.B.1 w a Packet Pg. 122 8.B.1 CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. MICHAEL J. MARCHETTI, qualifying, BONITA SPRINGS PLUMBING & GAS, INC., Respondent. ORDER CASE NO.: 2019-06 LICENSE NO.: CFC056830 THIS CAUSE having come before the Contractors' Licensing Board (the "Board-) for administrative hearing on October 16, 2019, regarding the above captioned Administrative Complaint. The Board having heard testimony under oath, received evidence and heard arguments with respect to all appropriate and relevant matters, thereupon issues the following Order, 1. The issue in this proceeding is whether Respondent committed misconduct by violating Section 22-201.1(2), Code of Laws and Ordinances of Collier County, Florida, as alleged in the Administrative Complaint, and if so, what disciplinary sanctions should be imposed? PRELIMINARY STATEMENT 2 On October 4, 2019, Petitioner filed a one -count Administrative Complaint against Respondent alleging that Respondent committed misconduct by willfully violating Packet Pg. 123 8.B.1 CU applicable building codes or laws of the State, City or Collier County under Section 22- m 201.1(2), Code of Laws and Ordinances of Collier County, Florida. 3. On October 16, 2019, Respondent did not appear at the hearing. Petitioner appeared and presented the testimony of Michael P. Borget. Licensing Compliance t Officer. Petitioner's documents were offered and received into evidence. 2 FINDINGS OF FACT LO N W r 4. Pursuant to Chapters 489 and 553. Florida Statutes, Petitioner is the local W agency charged with regulating the quality and character of work performed by contractors and enforcing related laws for the protection of the public's health, safety and welfare in Collier County. 5. Pursuant to Chapters 489 and 553, Florida Statutes, Petitioner has adopted the Florida Building Code by reference in Chapter 22, Article II, Code of Laws and Ordinances of Collier County, Florida, and incorporated therein a system of permits, fees, and inspections which is designed to secure compliance with and aid in the implementation of State and local building laws. 6 Pursuant to Chapter 489, Florida Statutes, and Chapter 22, Article V, Code of Laws and Ordinances of Collier County, Florida, the Board is the local governing body designated to hear disciplinary actions against State of Florida Certified Contractors for misconduct based upon: 1.) failures/refusals to provide proof of public liability, property damage or workers compensation insurance coverage; 2.) willful violations of applicable building codes within Collier County or a municipality that the Board represents; or 3.) 2 fraud. a� a Packet Pg. 124 8.B.1 c� 7. Pursuant to Section 489.113(4)(b), Florida Statutes, and Section 22-203(b), m Code of Laws and Ordinances of Collier County, Florida, the Board may deny, suspend, as U or revoke the authority of a State Certified Contractor to obtain a building permit or limit a such authority to obtaining a permit or permits with specific conditions. if the Board has a s found such contractor, through the public hearing process, to be guilty of fraud or willful 2 building code violations within Collier County or a municipality that the Board represents. LO 8. At all times relevant to this proceeding, Respondent was a State of Florida Certified Plumbing Contractor under License No.: CFC056830, qualifying the business organization, Bonita Springs Plumbing & Gas, Inc. 9. On or about August 8, 2018, Ms. Hari Kharsa entered a contract with Respondent to replace a bathtub at her residential condominium located at 1155 Sandpiper St., Unit D4, Naples, Florida (hereinafter referred to as the "Bathtub Replacement Work"), and paid Respondent $500.00 to complete the Bathtub Replacement Work. Pursuant to Section 105, Florida Building Code, Respondent was required to obtain building a permit prior to commencing the Bathtub Replacement Work, and upon completion receive the approved inspections for such work as authorized under the building permit within 180 days. 10. Subsequent to entering the contract with Ms. Kharsa, Respondent commenced and completed the Bathtub Replacement Work without obtaining a Collier County building permit or the approved inspections for such work. 11. On or about September 4. 2018, the unpermitted Bathtub Replacement 2 Work caused flooding into the residential condominium located below Ms. Kharsa's unit. 76 triggering a complaint to. and inspection from Petitioner's Code Enforcement Department. r 3 E U El Packet Pg. 125 8.B.1 ca 1 2. On or about September 5, 2018, Petitioner's Code Enforcement m Department issued a Notice of Violation of Section 10.02.06(B)(1)(a), Collier County Land Development Code, to Ms. Kharsa for failing to obtain a building permit and approved inspections for the Bathtub Replacement Work.' 13 On October 4, 2019, Petitioner filed a one -count Administrative Complaint against Respondent alleging misconduct under Section 22-201.1(2), Code of Laws and LO Ordinances of Collier County, Florida, for willfully violating Section 105, Florida Building th Code, and seeking discipline under Section 22-203(b), Code of Laws and Ordinances of Collier County, Florida. 14. On or about August 14, 2019, Petitioner sent Respondent, via email and U.S. Mail, notice of the administrative hearing before the Board on the Administrative Complaint and the one count of misconduct charged against him on its originally scheduled date of September 18, 2019. 15. On the same day, Petitioner attempted, unsuccessfully, to hand dekiver the aforesaid notice of hearing at the following last known/registered addresses of Respondent: 21159 Braxfield Loop, Estero, FL; 24331 Production Cir., Bonita Springs, FL, and 11590 Bonita Beach Rd. SE, Bonita Springs, FL 16. On September 11, 2019, September 18, 2019, September 25, 2019, and October 2, 2019, Petitioner published in the Naples Daily News notice of Respondent's October 16, 2019, administrative hearing before the Board on the Administrative Complaint and the one count of misconduct charged against him n a� U 5 C This Code Enforcement Case No : CESD20180010822, against Ms. Kharsa remains pending d 4 U fC w Q Packet Pg. 126 8.B.1 r 17. Petitioner submitted documentary evidence on behalf of the Petitioner and m Petitioner's witness testified credibly on behalf of Petitioner. 18. Respondent did not appear at the administrative hearing nor is there evidence in the record to dispute the misconduct charges as stated in the Administrative Complaint. 19. The weight of the evidence is clear and convincing that Respondent willfully T r violated applicable building codes or laws of the State, City or Collier County and committed misconduct under Section 22-201.1(2); Code of Laws and Ordinances of Collier County, Florida. CONCLUSIONS OF LAW 20. Based upon the foregoing facts, the Board makes the Following Conclusions of Law 21. All notices were properly and timely issued in accordance with Section 22- 202, Code of Laws and Ordinances of Collier County, Florida, and the Board has subject matter jurisdiction in this proceeding pursuant to Chapter 22, Article V. Code of Laws and Ordinances of Collier County, Florida, and Chapter 489, Florida Statutes. 22. Count I of the Administrative Complaint charged Respondent with misconduct under Section 22-201.1(2), Code of Laws and Ordinances of Collier County, Florida, for willfully violating Section 105, Florida Building Code, which is adopted and incorporated into Petitioner's local building codes under Chapter 22, Article 11, Code of Laws and Ordinances of Collier County, Florida. 23. Respondent specifically and personally knew that failing to obtain a building permit and approved inspections for the Bathtub Replacement Work involved in this aD 5 E r a Packet Pg. 127 8.B.1 Administrative Complaint was in violation of Petitioner's local building codes. Despite additional time granted to Respondent and attempts by Petitioner to allow Respondent to remedy the violation, Respondent consciously refused to do so. 24 Petitioner has proven the willful building code violation charged in the Administrative Complaint by clear and convincing evidence and Respondent is guilty of misconduct under Section 22-201,1(2), Code of Laws and Ordinances of Collier County, Florida. 25. The Board has considered the evidence presented and the fo#lowing factors under Section 22-203(c), Code of Laws and Ordinances of Collier County, Florida, in imposing disciplinary sanctions against Respondent: a The gravity of the violation; b. The impact of the violation on the public health, welfare or safety; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other evidence presented at the hearing by the parties relevant as to the sanction which is appropriate for the case given the nature of the violation and the violator. 26. Pursuant to Section 22-203(b), Code of Laws and Ordinances of Collier County, Florida, the Board finds Respondent's misconduct as a State of Florida Certified Contractor warrants an indefinite revocation of Respondent's authority to obtain building permits in Collier County and a recommendation to the Florida Construction Industry Licensing Board to pursue further disciplinary action against Respondent. a ORDER OF THE BOARD w 6 M U M Q Packet Pg. 128 8.B.1 27. Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and the Code of Laws and Ordinances of Collier County, Florida, the Board hereby ORDERS that: a. Respondent is guilty of the Count I misconduct charged under Section 22- 201.1(2), Code of Laws and Ordinances of Collier County. Florida, for willfully violating applicable building codes or laws of the State, City or Collier County; b. Respondent's authority to obtain a building permit in Collier County is hereby indefinitely revoked;) c. Petitioner shall deny the issuance of any and all Collier County building permit applications submitted by Respondent until such time that the Board rescinds or amends this Order: and d. The Board recommends that the Florida Construction Industry Licensing Board pursue further disciplinary action in the form of the following: 1.) An indefinite statewide revocation of Respondent's authority to obtain building permits under his State of Florida Certified Plumber Contractor License No.: CFC056830; 2.) A suspension of Respondent's State of Florida Certified Plumber Contractor License No.: CFC056830 for the maximum amount of time as provided for by Chapter 489, Florida Statutes; and 3.) Imposition of an administrative fine against Respondent in the amount of $5,000.00. DONE AND ORDERED by a majority vote of 5 in favor and 0 opposed, of the Contractors' Licensing Board, on this 16th day of October 2019 at Collier County, Florida. 2 aD 7 E r a Packet Pg. 129 CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA By: Kyle E. Lantz, Chairfi n M. 8.B.1 Packet Pg. 130 8.B.1 NOTICE OF RIGHTS REHEARING This Order of the Collier County Contractors' Licensing Board (the "Board") constitutes the formal decision as stated at the hearing on this matter. Respondent, any other party, the Chair of the Board, the Board as a body. or the assistant county attorney who tried this case may request a rehearing of the Board's decision as stated within the Order in accordance with Section 22-204, Code of Laws and Ordinances of Collier County, Florida. A request for rehearing shall be made in writing and shall be filed with the Collier County Licensing Supervisor with copies served on all other parties within twenty (20) days of the mailing or other method of delivery to Respondent of the Order. CIRCUIT COURT APPEAL Disciplinary actions of the Board are quasi-judicial. Under Section 22-205, Code of Laws and Ordinances of Collier County, Florida, Respondent may appeal this Order by Petition for Writ of Certiorari to the to the Collier County Circuit Court pursuant to Rule 9.100, Florida Rules of Appellate Procedure. Notwithstanding a timely filed rehearing request, such appeal shall be filed with the Collier County Circuit Court and be served on all other parties within thirty (30) days of rendition of the Order. In the event of a timely filed rehearing request, the appeal shall be filed with Collier County Circuit Court and be served on the parties within thirty (30) days of rendition of the Board's Order on rehearing In the event that Respondent elects to appeal, a verbatim record and transcript relevant to the case shall be as required by Florida Rules of Appellate Procedure. It shall be the sole responsibility of the person or entity seeking such review to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County, nor the Board shall have any responsibility to provide a verbatim record transcript of the proceedings. CHALLENGING A RECOMMENDED PENALTY = If this Order contains a recommended penalty for the State Construction Industry Licensing Board, Respondent, complainant or the Department of Business and Professional Regulation may challenge such recommended penalty to the State a Construction Industry Licensing Board. Pursuant to Section 489.131 (7), Florida Statutes, a challenge shall be filed within sixty (60) days after the issuance of the recommended Q penalty. If challenged, there is a presumptive finding of probable cause and the case may W proceed without the need for a probable cause hearing. Failure of Respondent, complainant or the Department of Business and Professional Regulation to timely file a m challenge to a recommended penalty, shall constitute a waiver of the right to a hearing o before the State Construction Industry Licensing Board. A waiver of the right to a hearing before the State Construction Industry Licensing Board shali be deemed an admission of the violation, and the penalty recommended, if any, shall become a final order according to procedures developed by State Construction Industry Licensing Board rule without further board action. Respondent may appeal this State Construction Industry Licensing a Board action to district court. 2 c as 9 E a Packet Pg. 131 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order of the Board has been furnished to the Respondent, and , Licensing Compliance Supervisor or his/her designee, 2800 North Horseshoe Drive, Naples, FL 34103 on this day of , 2019. Secretary/Contractors` Licensing Board 10 8.B.1 Q Packet Pg. 132 8.B.1 Cofffergov_net Report Title: Code Case Details Date: 1/25/2020 1:37:28 PM Case Number: CEMIS20190008628 Case Number: CEMIS20190008628 Case Type: Misconduct Priority: Normal Inspector: MichaelBogert Jurisdiction: Collier County Origin: Complaint Detail Description: unpermitted bathtub install Location Comments: 1155 Sandpiper St. Apt D4 Parcel # 49330480005 Address1155 Sandpiper ST, Unit: D4, Naples Property 149330480005 Contractor Bonita Springs Plumbing Property Owner KHALSA, HARI HARI K Qualifier MICHAEL J. MARCHETTI Status: Closed Date & Time Entered: 7/16/2019 2:35:32 PM Entered By: MichaelBogert Case Disposition: Abated Business Management & Budget Office I W Packet Pg. 133 Code Case Details 8.B.1 Execution Date 1/25/2020 1:37:28 PM Desc Assigned Required Completed Outcome Comments Verify Complainant MichaelBogert 7/16/2019 8/4/2019 Verified mpb 7-16-19 complaint form filled out 7-3-19. Cant Investigation MichaelBogert 7/16/2019 8/4/2019 Complete mpb 7-16-19 1 called 239-707-6688 and was unable to leave a message as the voicemail box was full. The recording on the voicemail stated that Michael Marchetti (Qualifier of Bonita Springs Plumbing and Gas) said that the business was closed until the beginning of August but that he would be checking messages. Preliminary Investigation MichaelBogert 7/16/2019 8/412019 Needs mpb 7-16-19 Investigatio n I received complaint from Licensing Supervisor Everildo Ybaceta regarding 1155 Sandpiper St. Apt. # D4 The complaintant states the contractor hired to do her bathtub install never pulled a permit. This case was referred back to Contractor Licensing from Code Enforcement. Cont. Investigation MichaelBogert 7/23/2019 8/412019 Complete mpb 7-23-19 Emailed mikemarchetti@comcast.net for contact as soon as possible. Cont. Investigation MichaelBogert 8/3/2019 8/4/2019 Complete mpb 8-3-19 Called 239-707-6688, same message relaying not around until beginning of August. No message left. Cont. Investigation MichaelBogert 8/4/2019 8/4/2019 Complete mpb 8-4-19 Emailed mikemarchefti@comcast.net for permit application and or contact/response. Cont. Investigation MichaelBogert 8/14/2019 8/1412019 Complete mpb 8-14-19 Left phone message for qualifier Mr. Marchetti Voicemail message has changed to reflect that normal operations may have resumed for his business. Business Management & Budget Office 2 Packet Pg. 134 Code Case Details 8.B.1 Execution Date 1/25/2020 1:37:28 PM Desc Assigned Required Completed Outcome Comments Cont. Investigation MichaelBogert 8/14/2019 8/1412019 Complete MPB B-14-19 1 looked to commence personal contact with Mr. Marchetti at the following last known/registered addresses: 21159 Braxfield Loop Estero, FL 24331 Production Cir. Bonita Springs, FL 11590 Bonita Beach Rd. SE Bonita Springs, FL 21159 Braxfield Loop is listed as his registered address with SUNBIZ and DBPR but he does not live or work from that address. 24331 Production Cir. is listed on Google as an active business address but CWSI Fiberoptics now occupies this space. 11590 Bonita Beach Rd. SE is also listed on Google as an active business address but it is a personal residence not owned by Mr. Marchetti. Cont. Investigation MichaelBogert 8/14/2019 8/14/2019 Complete mpb 8-14-19 1 sent another email to Mr. Marchetti and copied LS Ybaceta, looking for contact from Mr. Marchetti. Cont. Investigation MichaelBogert 8/19/2019 8/19/2019 Complete mpb 8-19-19 No response to latest emal. I called and left a message on voicemail looking for contact. Left message stating that a Notice of Hearing was emailed to him, as well as tried to be served in person. I also stated on voicemail that a newspaper ad is being taken out to notify public/him of such hearing on September 18th, 2019 at 9am in front of Contractor Licensing Board. I asked for contact to resolve bathtub permit necessity. Cont. Investigation MichaelBogert 8/1912019 8/19/2019 Complete mpb 8-19-19 1 spoke to Licensing Supervisor Everildo Ybaceta about lack of contact. LS Ybaceta stated will take out newspaper ad notifying public of hearing. Cont. investigation MichaelBogert 8/27/2019 8/27/2019 Complete mpb 8-27-19 1 left a message on Mr. Marchetti voicemail looking for contact. Cont Investigation MichaelBogert 9/26/2019 912612019 Complete mpb 9-26-19 CASE # 2019-06 for CLB 10-16-19. Prep meeting with Asst County Attorney Kevin Noell for 10-2-19 2:30pm. Attach Picture(s) MichaelBogert 10/4/2019 1014/2019 Complete I added newspaper ads, Administrative, and Formal Complaints to attachments. Business Management & Budget Office 3 Packet Pg. 135 Code Case Details Execution Date 9/25/2020 1:37:28 PM Desc Assigned Required Completed Outcome Comments Cont. Investigation MichaelBogert 10/14/2019 10/14/2019 Complete mpb 10-14-19 CL Phone Call - I called 239-300-1686 and left a msg for Ms. Khalsa. Asking for her presence at 10-16-19 CLB Meeting @ 9am. Cont. Investigation MichaelBogert 10114/2019 10/14/2019 Complete mpb 10-14-19 CL Phone Call - Ms. Khalsa returned my call She stated she will be present for the CLB Meeting this Wednesday. I let her know of the determination if Mr. Marchetti doesn't appear, that she will have to hire a plumbing contractor for the required permitting. She understood. Investigation MichaelBogert 10/16/2019 10/16/2019 Refer to mpb 10-14-19 —**Prep for CLB, Hearing CLB set for 10-16-19; Case # 2019-06".,. 1155 Sandpiper St. Unit D4 Complaint - unpermitted bathtub install Complainant - Hari Khalsa 505-660-0070, 239 -300-1686 Contractor - Bonita Springs Plumbing & Gas, Qualifier - Michael Marchetti, 239-707-6688 Schedule for CLB michaelossori 10/16/2019 10/16/2019 Complete 0 Generate CLB Notice of Hearing michaelossori 10/16/2019 10/16/2019 Complete 0 Enter Hearing Results michaelossori 10/16/2019 10/16/2019 On Hold 0 Obtain Finding in Fact ybacetaeverild 10/16/2019 11/7/2019 Complete ybacetaeverildo 11/07/2019 8:23 AM - o CONTRACTORS PERMITTING PRIVILEGE SUSPENDED BY CLB. ORDERS OF THE BOARD SCANNED INTO CASE AND INTO QUALIFIERS RECORD. Generate DBPR Letter MichelleRamki 10/16/2019 11/7/2019 Complete ssoon Obtain Chairman Signature ybacetaeverild 11/7/2019 11/7/2019 Complete 0 Verify for Compliance Date Required ybacetaeverild 11/7/2019 11/7/2019 Complete 0 Violation Description Status Entered Corrected Amount Comments Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 8.B.1 Packet Pg. 136 8.0 02/19/2020 COLLIER COUNTY Contractor Licensing Board Item Number: 8.0 Item Summary: Daniel Bingham - Dan the Gutterman - Reinstatement with Waiver of Exams Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 10:22 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 10:22 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending Completed 02/11/2020 10:22 AM Completed 02/11/2020 4:49 PM Completed 02/12/2020 3:42 PM 02/19/2020 9:00 AM Packet Pg. 137 8.C.1 Daniel Bingham - Reinstatement with Waiver of Exams Table of Contents Letter requesting to meet with CLB . Application . Exam Scores 2016 Business and Law & Aluminum/Screen Enclosure Individual's Credit Report . Company's Credit Report . Sunbiz Documents Federal Tax ID Number . Statement of Ownership . Verification of Construction Experience Affidavit of Integrity & Good Character . Driver's License . Board Hearing Letter a L ca 3 c Ln LO r r v N E M K W O Q Packet Pg. 138 10 4j 8.C.1 1-a'? 9�6 ups f`d cc t,Cc 74 Sri oda, county of ?retorego,linsbum trwiaacknowE h9b before (tlan• d person ac y - _ P' sanr al W -Y Pubk Srab (PrYrt, Type Of WrnP sbMd W i fi d - pvwaRy Known OR pspdgc derttif4cation TM of I krocaW ProdLKbd-- r %"''"` �P� ~�PudK- State d Ronda Notary �F LUSsa HeTi�° GG 35b622 111 4iY 0712 G°m ExP�tes 07l2412p23 Packet Pg. 139 Contractor Licen 8•C.1 C07er GOuklty 2800 N. Horseshoe Dr. Naples, FL 34104 Grruvih Management Department Phone - 239-252-2431 Fax - 239-252-2469 0 L APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY FULL REINSTATEMENT APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY This application must be typewritten or legibly printed. The application fee must be paid upon approval and is NOT refundable. All checks should be made payable to: Collier County Board of County Commissioners. For further information, consult Collier County Ordinance No. 2006-46, as amended. TYPE OF CERTIFICATE OF COMPETENCY: ❑ General $230.00 ❑ Electrician $230.00 ❑ Building $230.00 ❑ Plumber $230.00 ❑ Residential $230.00 ❑ Air Conditioner $230.00 ❑ Mechanical $230.00 ❑ Swimming Pool $230.00 ❑ Roofing $230.00 ;?<pecialty $205.00 Specialty Trade: L WI I h V%^ I. APPLICANT PERSONAL INFORMATION: Name: D Ie I 3.9- S �I+h. First Middle Initial Last Business Name: 6AL Address: Street City State Z'p Email.WVFn SI 7 Cl% �. Telephone: 5 0 ~ *SS # (Last 4 digits only): Date of Birth:_ `7> _ 1 {i4 Driver's License # (Last 4 digits only): *Pursuant to Chapter 1-19, Florida Statutes and Collier County Contractor Licensing Ordinance 2006-46 Section 2.1.1., all applicants are required to submit their social security number (S5N) for the following purposes: a) Assess applicant's ability to satisfy creditors by reviewing their credit history. b) Verification of applicant's test scores and information. Our office will only use your 55N noted above for those reasons pursuant to Chapter 1-19, Florida Statutes, and as may otherwise be authorized by law. We are fully committed to safe -guarding and protecting your S5N and once collected, will be maintained as confidential and exempt under Chapter 1-19, Florida Statutes. FULL REI NSTATMENT APPLICATION REV 4112118 Packet Pg. 140 C.0*r C;014nty Gm.vh Management Department Contractor Licen 8•C.1 2800 N. Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2459 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY Provide the names and telephone numbers of two persons who will always know your whereabouts. Name: 6��— 6 Telephone: S7O gyo -5% g Il. NAME OF APPLICANT'S BUSINESS: Name: rli� �rh, %41�.l�`� Telephone: -6),) _ d,35-9 X93 � Business Name: 0?m I kk- 6- T'~`v-p— X 1 Business Address: 1 4q ��om-UA-{ �i9 �L 3�(� Street City State Tp Telephone: ( �00 ) q--� 0 _5`2-�y Federal ID Tax No.: S / — 2.10 s,5, Ill. FINANCIAL RESPONSIBILITY YES NO ALL APPLICANTS MUST ANSWER THE QUESTIONS BELOW: Filed for or been discharged in bankruptcy within the past 5 years? Had a lien filed against you by the Internal Revenue Service or Florida Corporate Tax Division? L,/ Undertaken construction contracts or work that resulted in liens, suits, or judgments being filed? Undertaken construction contracts or work that a third party, such as a bonding or surety company, completed or made financial statements on? ode an assignment of assets in settlement of construction obligations for less than the debts o tanding? -teen convicted or found guilty of, or entered a plea of nolo contendere to, regardless of judication, a crime in any jurisdiction within the past 10 years?' Had claims or lawsuits filed for unpaid or past due accounts by your creditors as a result of c struction experience? een charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, been "subject to" disciplinary action by a state, county, or municipality? NOTE. If you have answer YES to any of the questions below, you must attach a written explanation including the nature of the charges, dates, and outcomes, sentences of conditions imposed. You must also attach proof of payment, satisfaction of lien or judgement, bankruptcy discharge, or agreements for payment. 'If you have had a felony conviction, proof that your civil rights have been restored will be required prior to licensure. FULL REINSTATMENT APPLICATION REV 4112118 Packet Pg. 141 C;Oltr C014nty Growth Management Department 8.C.1 Contractor Licen 2800 N. Horseshoe Dr, Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY IV. EXPERIENCE VERIFICATION EDUCATION: List below and provide transcripts for any formal education you have obtained in the area of competency for which this application is being made: �d �L List below non formal education (on the job training) you have obtained in the area of competency for which this application is being made: a! yK,y k-1�` CURRENT/PREVIOUS LICENSE: List below and attach copies any other certificates of competency/licenses you hold/have held in Collier County or any other jurisdiction. Include the license #, Type, and county you hold it in. AFFIDAVIT Under the penalties of perjury, I declare that I have read the foregoing application and the facts stated in it are true Applicant (please print) i Signature of Applicant State of �y County of k The foregoing instrument as acknowledged before me this "nee who has produced t� T� 1�(- as na�cfsonacknewf, i (applicant) type of identification or known identification and did not take an oath. ell! P ee, CAMREN HOWELL r ` Commission # GG 364975 N„ o� Expires August 12, 2023 �rFOF"' Bonded ihne Budget Notary services NOTARY'S SEAL FULL REINSTATMENT APPLICATION REV 4/12118 (SIGNATURE OF NOTARY) Packet Pg. 142 COfter Cauvi-ty Growth Management Department 8.C.1 Contractor Licen 2800 N. Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION OF APPLICATION The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County No. 2006-46, as amended, and under penalties of perjury. I declare that I have read the foregoing qualifier information and that the facts stated in it are true. The undersigned hereby certifies that he is legally qualified to act on behalf of the business organization sought to be licensed in all matters connected with its contracting business and that he 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 qualified license holder understands that in all contracting matters, he/she will be held strictly accountable for any and all activities involving his license. Any willful falsification of any information contained herein is grounds for disqualification. Applicant (please print Name of Company / Signature of Applicant State of: County of:�� !�1 The foregoing instrument as acknowledged before me this �?L--?o by A� tt date who has produced �T—J as identification name of person acknowl Ing (applicant) type of identiftcatien or known and did not take an oath. 2otppr p�B�� CAMREN HOWELL Commisslon # GG 364975 Expires August 12, 2023 7�OF F%L3 Bonded Thru Budget NOWY SONICe5 NOTARY'S SEAL (SIGNATURE OF NOTARY) FULL REINSTATMENT APPLICATION REV 4/12118 Packet Pg. 143 C©CY' C;abLYlty Contractor Licen 8•C.1 2804 N. Horseshoe Dr. Naples, 34104 Gnawth Management Departnr nt Phone - 239-2525 2-2431-2431 Fax - 239-252-2469 0 L APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY WORKMEN'S 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 ail times effective Workmen's Compensation Insurance it will result in the possible revocation of my Certificate of Competency. Oif 64 1 C / j Applicant (please print ham. C� L 2 ri✓t�-� �h Name of Company Signature of Applicant BEFORE ME this day personally appeared _�-� �� �� who affirms and Applicant (pfease print) 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 Insurance. State of County of The foregoing instrument as acknowledged before me this _L o 20 by date who has produced , as identification name of person acknowi ging (app scant) type of identification or known and did not take an oath. mej) On, P, I (SIGNATURE OF NOTARY) rp�sgY PUe�k CAM REN HOWELL * Commission # GG 364975 Expires August 12, 2023 M-0,, -ffRYM_TWJMt1gatNotarySarvicea FULL REINSTATMENT APPLICATION REV 4112118 Packet Pg. 144 8.C.1 Score Report BINGHAM, DANIEL Pro./ Name: DANIEL J BINGHAM Test: Aluminum/Screen Enclosure - {FLD8304) Sponsor: Collier County Date 03117/2016 ID #: Test ID: 420497556 Score: 76 Result: Pass # Unanswered Questions. 0 Module Subject Area Status LOW Cut Score HIGH ------ - ---- ----- ---- - ---- FLCAR Carports & Patio Covers F ------------- ---- -------- - - - - --- -- - - FLMISCALS Miscellaneous Aluminum Structures P - - - - - - ----------------- ----. FLPRE Plan Reading & Estimating P FLSAFE Safety P ------- --- -- FLSCEEN Screen Rooms P FLSENC Screen Enclosures F Packet Pg. 145 Licensee Number Name IBINGHAM, DANIEL 1. Type cun���»' --—'—���----� Status oPnnView Master Prolec View All Activities for this Licensee F-xamination Results T Add nnew person nr business toAddress Book * Add Exam Result —FExarr,Test result BUSINESS AND LAW 02/04/2016 Not Listed ALUMINUM CONTR. 02/04/2016 Not Listed :52% Fail BUSINESS AND LAW 03/22/2016 Not Listed 178% Pass Show More Fields Active Charge Exam Fee R1 Exam Code |rLo3zno Sponsoring County |COLLIER COUNTY Sponsorship App Date |oz/O8/20zs — Sponsorship Expiration Date \o7/oo/uo1a — I Packet Pg. 146 1 01/2.2/2020 11:40 FAX 5703423246 PENNEAST FCU Coreiation Inc. Header Report Dow 0110212020 Repcd Time: 0935443 Plesmble; ARF Veralcm: 07 Reference Nurnbae Risk Model Madel Indlcefoc Score; SSN `Jan2llon Indloator; Consumer Identity Name! Type: Year of Birth: Data of 13 rth: Name; Type: Year of Birth; Cato or Birth: Name: Type: Year of H rlh: Data of Birth: Address Information street: City Slot* 7Jp: Oweldhg Typo; Home Ownership: 0601nellow StrooP CITY State Zlp. Dwelling Type: Hama Ownarshlp: Crlglnallon: Street; Cly Stale2lp; Owelling Type: Herne Ownerehip: Crlglnstfon: R 002/ http9://keystone:8443/Live/ TPAS ExperianlF'alr, limit Risk Score Factor Code 10 RATIO OF BALANCE Scaro Factor Code 14 LENQTH OF TIME Model V9 One: TO LIMIT ON BANK Throe: ACCOUNTS HAVE SEEN 0092 RFVQLVINO OR OTHER Reported vIs AIR ESTABLISHED DANNY SINOHAM REV ACCTS TCO HIQH Store Factor Code 0e TOO MANY Score Factor Cade 11 AMOUNT OWED ON Fr?ur: CONSUMER FINANCE Two: REVOLVING ACCOUNTS Dr*verre Lfcsnse COMPANY ACCOUNTS Ta a Number Source 15 TC313 HIGH but dlfforoht from Open Dalel Sams Number. S:nN Indlcolpra; DANIEL BINQHAM Phnne Drivers License County Code: Type Number source Sg(ats _ 1804 Unit ID: _Number 011711966 Reported vIs AIR Amount Past Due: DANNY SINOHAM Phone Di%v*ra License Nickname Type Number Source $faits Humber PLEETVILLE PA 10420 County Cods; DAN BINGHAM Phana Dr*verre Lfcsnse Nickname Ta a Number Source 91pte Number 4 CHARL65 ST State Code; THROOP PA County Code: 185121341 Ur111'iype: Singlnremlty dwelling Unit ID: Unknown Canaue Gea Cade; Reported vIs AIR Amount Past Due: Tapp, but different DAN THE GUTTER from Inquiry 100 AMASA RD State Code PLEETVILLE PA 10420 County Cods; Single-famllydwelling VDItType; Unknown Unit ID: Repotted via A1R Tape, Census Geo rode: but dlfforoht from Open Dalel Inquiry Da rag Counter; 164$4 CORTONA WAY Slws Code; NAPLES PL County Code: 341200678 Unit Type; Singt*-family dwelling Unit ID: Unknown Census Gen Code: Reported via AIR Tape, but dlffarsnt horn Inquiry Employment Information Name; DAN OUTTERMAN Addrome Exlrs Line; Address Flrsi Line: PO BOX 112 alp: Add a Second FLEETVIL4E PA First Reported Dale: Line: Line: Bank Credit Cards Amount Past Due: Name: DAN THE GUTTER Addreas Extra Line: MAN zip: Address Flrat Line; REQUEST First Reported Dnte: Address Second Line: Closer review Is ❑Q Over 60 Days: Tradellne 04110x2019 LAat Updated Dela; SubsolLerDlapey RANK OF AMERICA Sietua: Name: 1270240 S',jbccds; KOB'. Bank Credit Cards Amount Past Due: Speclal Cnmmenl: ACCOUNT CLOSED AT Account Number: CONSUMER'S Months History: 6237 REQUEST 00 Over 30 Deva: Evalvatlon: Closer review Is ❑Q Over 60 Days: 00 roqulred DO Over 90 Days: Open Dalel 0912412011 Da rag Counter; 54100 Dale: 00!0112017 FKst Reported Date: 04110x2019 LAat Updated Dela; 00110l201A Trees Reptt"d: 01 Lriat Reporting 1270240 S',jbccds; This. la an account In MSA Code; Scheduled Term Fkat Reported Date: 0 712 412 0 1 9 Larl Updated Data; 0712412010 Times Reported: 01 t.nat Reporting $Lbwd e: OSA Code: F-rst hoported Data: 0911312016 Lail Updatpd Date: 9110512018 T"oti Reported: 07 Leat Repnrlfng , wde: Nr$A Code; Leet Updated Dote: 0312812013 164200112 Orlglnation; lnnuiry 1111412001 I of ]a 02/2020, 10:36 AM Packet Pg. 147 Lost Updated Date: 0210SIZO12 Crrlglnallon: Inquiry 081311201 d This. la an account In 444nthly Payment Type: Scheduled Term goad standing C, pen or Closed: Closed Favvlving Or Revprvin0 6237 IwElallmenL 76 Lmai FayMent Dote; 0210112017 00 C+ubmde: 1230200 00 (�riglnalCreditor Name' 00 &old to Namw 00 C}lepule Fig: I of ]a 02/2020, 10:36 AM Packet Pg. 147 8.2.1 01/02/2020 11 41 FAX 5703423246 PENNEAST FCU IA 003/ Corelation Inc. 2of10 https a/keystono:8443/L ive/ Max aellnquency Collateral; N1rx Payment: Date: Monthly Payment $26 00 Prat Dellnquanay Date, Account Type: Credit Card, Terms REV Amount $iittnd Detinquency Terms Durstlon: Revolving Dwle' ECOA: Aunhorized Ueer 13slance Dale: 0 0 12 612 01 7 Balance Arlcunll 50.00 Amount Enhanced Payment Data Quallflor Value_ Initial Payment Level Account Payment Account Type Special Commant Llrnit 1S.60000 Date Condition Status _ High bdarse 86.987.00 0310112217 Cloaod Current Crsid!l Card, T■rrr■ Account closed at Consumer's RE., request Payment Profile B C 0 0 0 0 C C C C C c C C C C C C C C C C C C C Aug Jul Jun May Apr Mar Fab Jan Oec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan Dae Nov Qct Sep Aug 2017 Zola 2010 Sutacnber Dis,lay WANK OF AMERICA Stalut: This to an atcount In Nranthly Payment Type: Scheduled Term Nems: good standing Coen or Mused: Closed Km Bank Credit Cards Arnouret Past Due_ Revolving Or Spec'mi Comment: ACCOUNT CLOSED AT Acccunt Number Iralellmnn[; Revolving CONSUMER'S Nlonthe Hlslory; 66 L+rst Payment Oslo! 1 010 112 01 4 REQUEST DQ Over 30 Deya: 00 Subcode: 1213727 EvolusAow Closer review Is DO Over a Days! oo Ctlglnei Craaltor Name, required DQ Over 80 Days: 00 Spld to Name: Open Date: 0710612011 Darog Counter 00 Dlapule Flap: Status Data: 02'0112010 CaAaleral Nrax PoymanL Max DiOnqua my Dote; Monthly Payment $26.00 Frat DMInqu6nCy Date: Accaunl Type! Credit Card, Terms REV Amounl: Second Dellnqusrsey Terms Duratlon: Revolving ate' ECOA; Authortted user Salarce Dela: 0212612n1 S 9alorCe Amount: $0.00 Amount Enhanced Payment Data ■llner Value Initial Payment Leval Account Payment ACcourd Speclel Comment elm$ Is 000.00 Date Condltlon Statin �e Ki h balance S607-00 02101215 Closed Curant Amount dosed at CO--Ourer's requeal payment Profile B a 0 D C C C 0 0 0 e 0 0 0 C C 6 C C C C C C C c Feb Jan Dec Nov Oct Sep Aug Jul Jun May Apr Mar Fab Jan Dec Nov Oct Bap Aug Jul Jun May Apr Mar Feb 2016 2014 2015 Subscriber DlepYy MERCANTILE ADJMNT Stslua: Paid acuountwae a Nv rilh!y Payment Type: NBmw BUR collecUOn account, Open Or Closed: Closed 1<03l Other Collettlon Agendas Insurance CIOIm Or tftvolvinq Dr Speclel Comment: government claim or lr,alailmamk Instarlmant Evalualiwn Closer rpvlew Is requlrod was torrnlnated for LoEd payment 0816: Open Dile. call=016 Amount Pae1 Due: deraurt $mbmdw 1990630 Status Date: 01!0112018 Accourl Number, QrIglral CrodliorNome: 0(31 UTiunr5 Max DalInquarcy mo it Month HlstOry: us ee 9nld to Name. Date: L)QOver Days' Clspute Flag_ A=unl Type: Colloutlon DO Over 60 Days; 00 LIRA Payment DepartmsrrtlAgency !Attorney DO Over 90 Deye' 00 F -re Delinquency Date: 1210112011 Terme Duration: Due Month Darog Ceunter: 94 %rand Delinquency CYIDI 4110112016 ECOA: Individual COOateratt Galante Date: Oi10414016 Monthly Payment 6slonce Amount: Arrounfl Amount Enhanced Payment Data QusRfIer Vrlus Initial Payment Leval Account Paymelrt Statue wcCounl Type SpeClel Cr:glnel $532.00 Dab CondlUen Comment Unknown 01!0112016 paid Assigned t0 Kullectiun OapadmonVAgency OOIIOC112M d4nemsy Payment Pronlo Jan Doc Nov qct Sep Aug 2010 2015 ScbicribetClio Play SYNCBIPPC Slalua', AOcoueVpold Monthly Prymant Type: Nemo: satlstactorlly Cavan or Closed: Closed KOB: Wank Credit Cards Amount Past Due: Plevolvrng Or Special Comment: ACCOUNT CLOSED Acminl Number: IHelellment: Revolving AT CREDIT Munlhs Hiclory; V7 L+ae1 Payment Dale; GRANTO'R'S DO over 90 Day. 00 14ubcoda; 2046440 REOUEST DO Aver 00 Deya 00 @i rig moi Credlrnr Name: Evaluatlom Closer ravlsw Is DQ Over 90 Days: DO gold to Name: 4ate: required 12129!2007 Dorog Counter; 00 Mopute flog:Open Status Dole: 11101!2019 Collateral MOX Payment Max Dallaouency Data: Monthly Poy"VM Plrsf DaiinquanCy Date'. Amciunl_ 102/2020, 10:36 AM Packet Pg. 148 01/02/2020 11:41 FAX 5703423246 PENNEAST f�004/ FCU 8.4.1 Coreiation Inc. https: //keystone: 9 443/Live/ Account Type; Crodtt Card, Terms $bo=nd Cellnquency REV Cate: Terme Ourailon: Rpvolvtng ECOA: Indlylduat Balance Date; 1110712016 Balance Amount: Amount Enhanced Payment Data qualifier Yalu* _ _ Initial Payment Leval Opts Accnunf Condition Payment fttue Account n2io, _ SSgeclal Comment Umll $500.Co 11101/2018 Pa:d Current Credh Card, Terme REV Unknown Payment Profile a 0 0 0 0 D 0 Nov Oct Sap Aug Jul Jun May 2D1 9 Subiorlber Dlsp',ay SEAR0ICEINA Statue: AccounVpald Monthly Ppymenl Type: Eettmated Name: antlafaztorlty C1Per or Oloasd: Closed KO11: Cotnpleta Dap Lr Amount Past Due: Fiovvlving Or icn, Stores Acmunt Number _ l"atallmort: Revolviny $pedal Commerl: ACCOUNT CLOSED AT Monlhs Hlelory 9E L iA Payment Cate: 0 610112 0 1 5 CREDITGRANTOR'S Dp Over 3D Doys; 00 $ubcodo: 1323160 REQUEST DO Over 60 Dayni 00 Griglnal Credllot Namal EvBlLatlon Closer revlew In nO Over 90 Days: 00 °uId la Name: required Open Dole: 0110119696 Damp Counter: 00 Ctiepula Flap: slatua Cate; Oe10112016 GollateraL Max Payment: Max DeRnqu■ney Monthly Payment Fret Ctllnquancy Dale; Dale: Amounu t aoord Oellnquor:y Account Type: Revolving Charge Care, Account Tsrm6 Duration: Revolving EGDA: Authorized User Balance Oslo: 118126;2019 Balance AMCunt: Amount Enhanced Payment Data Cluallflar Y¢lue initial Payment Lsvvl Date Account Condition Payments tua Account Type & OC121 Comment Llmll 82,001,00 06/D112010 Pal d Currant Revclvinyj Charge Aor"nt High balance 54,994.00 Payment Pronle 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 D 0 0 0 0 Jun May Apr Mar Fob Jan Due Noy Oct Sop Aug Jul Jun May Apr mar rob Jan Doe Nov Oct Sap Aug Jul Jun 2019 2018 2017 3ybacrlber ❑lepldy FNC6 eANIS Status: Accountrpald Monthly Payment Type; F*dmetad Name; ratlsractorlly Open Of Oleaeo: Closed KOS: All Banka -• Non- Amount Past Due: :+pvclvinB Or 8pe0111e Account Number: v rtaltment: Inatpliment Spacial Commcnl: Monlhe History: 59 Lvot Payment Dow 0311 512 0 1 8 Evaluation: No additional review Dq Overso Dayd: 00 5ubcode: 116050q In required DO Over 00 Days l 00 Orlglnal Craaltor Noma: Open Dale: 0 412 412 01 3 DO Over 6o Day, 00 $old to Name: Status Date: 0310112016 CeroD Counter. DD Crlopvte Flap: Max Delinquency Date! Collateral: Pelin Account Typo: Autu Luan Monthly Peymenl irst RI(9t Delinquency Oency Dale: Terms Durollon: 060 Amount! Second 00riquonry ECOA: Individual O'ato: Balance Date: 03x3112018 Balance Amount: Amount Enhanced Paymont Date Qusli lir ValuV • Initler Psym_mt Level Date Account Condi-tion Paymdr+t Status AccountTypo Rpselal Comment Cnoinal $7,724.00 031C112018 Paid CurrVn' AUT Auto Loan Ur known Payment Profllo 5 C C C 4 C C C G C C C C C C C C C C C C C C C Mar Feb Jan Doc Nov Oct Sap Aug Jul Jun May Apr Mer rob Jan Dec Naw Oct Sep Aug Jul Jun May Apr Mer 2018 2017 2010 yuhecrlber Display PENN FJ137 F C U SAW: Account)pald Monthly Payment Type; E*dmeted Name: EatlifartbAly piper, or Clgeed: Closed Ked: Crealt Unions Amount Past Due: P.rwglving Or Spaclel CammonL Account Number: 6retel:menl installment Evaluation: No addldonal review Monlns History: 03 last Payment Dale: 4 611612 01 7 Is squired Oa Over 30 Days: 00 3wbcodw 1770177 Open Dais: 03117!2017 DQ Over 60 hays: 00 prrlQinel Creditor Narw Status Dale: 0$10112017 DC Oyer e0 Daya; 00 Selo to Name: Max Oellnquency Date: Derug Ceunler: 00 Dlispula Flag: Acccunl Type: Unsecured Loan ro6ateral: IT" Paymern; wMa Duratlon; 060 Monthly Payment F?Iret oellnqueney Onto: ECOA: Individual Amount: "c*nd Cellnquonuy Salome Doty: 0011012DIT PI 010; @alence AmounC Amount Enhanced Payrnrrnt Data 3 of 10 1/2/2020, 10:36 AM Packet Pg. 149 01/0'2/2020 11-42 FAX 5703423245 PENNEAST FCU 12005/ = Coreiation Inc, 4of1Q https://keystone :8443/Live/ Quslifler Valu■ Irlitial Pa ment Level Dote AOeppntCDAdltlon P}ymerlt Status A_eooun_t Zl such/ Comment FQ014mtProm. S1D,000_03 C9l01i2417 Paid CGrrsnt Unsecured Loan Unknown B C C Jun May Apr 2017 subocdber L)Iipley WAYNE BANK Staluc Acoountlpald aatiafactorlty NMonthly Payment Type: Eetlmated Name: Amount Peet Clpan or Closed; Closed KOB: All Berke .. Non- Due: P.volvinD Or Specific Account 4.e1411mem: Inatallment Spodal Comment- Number L-ast Peymant Onto! 1112612010 Evoluapan: No additional revlsw ie fdonlhaSubcade: Ee 0100770 required History, Grlglnai Credltar Nam a: Open Dote: IVOG12DDO DO Over 39 QO Name; Status Dale: 1214112014 Daye; DIrldte r]I FIe Max Delinquency Dala; DQ Over 67 00 tax Payment: x Pa n Account Typer Conventional RHI Days: DQ Over 90 First Delinquency Dale Eetata t_oan, Includfna Purchase Money First Dey@: D 0 :a3cond Deilnquancy Terms Duration; One Hundred Eighty pem0 Cels' 00 Months Counter ECOA: Joint Account Collateral: 2aleace Dole: 12113;:010 MLITAhly Balance Amount: Payment Amount: Amount Enhanced Payment Data puallfiar Value InW Payment Account Payment AecounhType 3peclal Orlglnal 5194,009.44 Ley el Data Condition Statue Comment Unknown 121D',1201I Paid l state Includ'np Curren[ Conve �hNcl Real Purcho,11 Payment Profile a C C C C C C C C C C O C C C C Q C C C C C C C C Doc Nov Oct Sap Aug Jul Jun May Apr Mar Fab Jan Cec Noy Oct Sep Aupi Jul Jun May Apr Mar Fab Jan Dec 2016 2013 2014 Subecrlbor Dlapiny FNC1313ANK StelLw Accountlpald Monthly Payment Type; Eetlmated Name: eatlsfactorlly Open of CI036y: Cloaad KOM All Beni-■ •. Non- Amount Pall Due: Rill Or Spe0lfly Account Number Inarahment: Inet#Rment Special CvnirrarrL Mcnihs Hletory: 01 L'sal Payment Dale. 1 212 312 01 4 t;veluetlam. No addltlonal rovlew DQ QVor 30 Days: 00 But,cud■1 1160600 1s required DO Over 6D Days: 00 anginal Creditor Nome: Dpen Date: 1210912000 DO Over DO Deys; 00 :told to Name. Statue Dade: 1 210112 01 4 DarOg Counter, 00 Cllspute Flog: Max Dellnquanry Delo: Collateral; Max Paymem: Account Type,. Business Loan Monthly Payment Pirat DellnquenLy Data: Personally puararrtaed Amount sbcontl Oeltngverlcy Terms Durstlon: 050 t �° cvOA: Joint Account Balance Date: 1213112Dt4 Balanca Amounl: Amount Enhanced Payment Onto Qualifier Value Initial PaymentLevei Account Payment laccountType 60oclel prlglneV S17,001).00 Date - CondlUort Statue _ C_ommynt_ unknown 12iQV2914 Pald Curwt �usineas i.aan Feropn#Ily c.uaranteed Payment Profile B C C C C C C C C C C C C C C C 0: C C C C C C C C Dec Now Oct Sep Aug Jul Jun May Apr Mar Fab Jan pet Nov Oct Sep Ault Jul Jun May Apr Mar Fats Jan Dee 2014 2013 2012 Subscriber Dleplay-911"': PENN EAST F C U AGeountlpold oaHafaetorily Monthly Payment Type: Estimated Name: Amount Pool Due: Qiprn or Closed: Cloud KOS: Credit Unlone Account Number: 1 Rrvolving Of Sped at Comment: MDnlhe History: 36 IrisUailment: Inatatlment Evaluation', NO additional review 16 pQ Over 3D Caya: DO Lost Payment Dete: 10/2712014 required Do Over 60 Dsye. 00 S4tboode: tT701T7 Open Dare: 1 011 412 011 DQ over 90 Days: 00 0irlginal Creditor Name: Statue Det@: 13-0112014 Derog GDurder. go 9oid in Name: Mnx Doonquerloy Defer Collateral: (-Inputs Flog: Account Type: Recreational Monthly Payment Max Payment: MwwLh4ndt4e Amount: curet Voilnquency Duro_ Perms DurallDn: 336 Second Datinculnoy EC OA: Individual fiats Balance Dele: 1013112014 Balance Amount: Amount Enhanced Payment Data ❑ualiflee Value initial Payment Level Date Account Condition Payment 81s,tua Acccunt.Type _ 0 ■014 EE comment Original $4,874.80 10/01f2014 Puld CWront Recreational Marchandlse unknown Payment Profile a C C C C C C C C C C 0 c C C C C c C C C C C C a 1/2/2020,10-36 AM Packet Pg. 150 01/02/2020 11:42 FAX 5703423246 PENNEAST FCU iaoo 6/ 8•C.1 Corelation Inc, 5 of 10 http s: //keystone: 8443/L ive/ Oct Sep Aug Jul Jun May Apr Mer rob Jen Deo Nov Oct Sep Aug Jul Jun May Apr ntar Feb Jan Dec Noy 0" 2014 2013 2012 Su6acplLerUleplay SHEFFIELD Slatua; Actount/pald Mnthly Payment Type: Eatimated Noce: FINANCIAL CO ■atlohetArlly poen or Cloaad: Closed KCD: Pervonal Loan Amount Past Due: Rhvclving Or Companies AQo0Unt NUmher: IflatpUment: Inet#Ilmert $pedal CCmmert: Months History: 34 Lomat Payment Del 0117120" Evaluallun; No addltIgnal review DQ Over 30 Oeyw 00 Sabcade: 2690032 Ip raqulrad DQ Over e0 D■ye: 00 Original Creditor Name; Open pais: 1012912010 DQ Over 90 Days: 00 Shld to Name: Sutul Due; 0610112010 Oil Counter: 00 piapute Flag; Max Dellnquency Dale: Collateral: Mea Payment: ACCO unt Type: Secured Fly Monthly payment Fiat pellnquency Dale: Ao"ashold Goods and Amount: Olsaond Delinquency War Collateral Cate; Terms puradan: 016 ECOA: Indtvldual eatance Cate 00130!201 S Balance Amount: Amount Enhanced Payrl Data Qu■0na_Value InrtlelPaymentLevet Account Payment Account (!untType Special Original ss,00D.a1 Data Condltlon _ Status Comment Vnkncwn 0810112113 Paid Currem Secured By Household Gooda d 00e, Collateral Payment Profile a C G C C C C C C C C C c C C C C C C 0 C C C C 4 Aug Jul Jun May Apr Mar Feb Jan Dec Noy Oct Sep Aug Jul Jun May Apr Mar Fab Jan Doc Nov Oct Sep Aug 2013 2012 2011 Suhscrlher Display ALLY FINANCIAL Slatua: Accountlpold Monthly Payment Type' Estitnoted Namc: eatlefactertly elpan or Closed; Gloeod KOB; Automobile Financing Anru6nt Peal Dur Revolvin Cr Company Account Num Car. _ Ir�atallmanl: Inatellmsnt Spatial Ccmmeni: MCnihe History: 61 i.9at Payment UaW 0110712013 Evaluatlon: No additional ravlew DO over 30 Days: 00 subcodo: 1016769 to required pQ Ovar BD Days' 00 C?riglnal Credltor Name: Open Dais: 0111 9120 0 6 DQ Over DG Dsyl; 00 Vold to Norms; Status Cate: D210 1 12 01 3 Derog Counter: 00 Qtaputa Flag: Max Uellnqusnoy Date: I^alleteral; k4lx Payment: AccauntType: Auto Loan Monthly payment First DrllnquenoyOsto: Terme Durafion: 040 Arnsuni: .9ecCnd Delinquency ECCA: JQlnt Account bats: 9alance Dale: 02!0112013 Halonce Amount: Amount Enhanced Payment Data Quallflur Vgluo Initial PaynrentLOY91 Data Account Condition .. Paympl: Satua ACaeunt Type Speclal Comment Original 931,1as_00 02!0112013 Paid Curren, AUT AutoLoer Unknown Payment Profile B C C C G C C C C C C C C C C M C C C C C C G C Feb Jen Dec Noy Oct Sop Aug Jul Jun May Apr Mar rob Jan Doc Nov Ock Sep Aug Jul Jun May Apr Mar Fob 2013 2012 2011 subeafber CAPlsy FNCD BANK Statue: Accountlpald Mtcnlhly Payment Typo: Estimated Nems: O tlefactorlly Wpsn or Closed: Closed K06: All Banka — Non- Arl Past Due: Aevolyin; Or Specltlp ACCAunt Number: i ll+sterkment: IretillIpl Special Comment Morths Hiefery: 40 Wal Payment Data: 00117x2012 Evaluation: No additlonal ravlew DQ Over 30 Deyr 00 f+ubcodw 1190000 Is required DO Over CO Dayr 00 C+rlgln■I Credllor Name Open Dote: De/2912000 DO Over 90 Days: 00 Sold to Name: stmus Date: 09(0112012 Derog Oounwa 00 0drpule Flop: Max Derirquenay pate: Collateral: Nlax Payment, Account Type: Buaineas Loan Monthly Payment Plrul Delinquency Dale: Personally Amount: b000nd Delinquency Qut nteed bale: Terme Il 060 ECCA: Joint Account Balance Data: 08121112012 Solana Amount: Amount Enhanced Poympnt Data qualifier value. Initlal Payment Level Account Payment Alccount Type spatlal Orlglral #12,000.00 DM Condition Statue Comment Unknown cu10112012 Paid Current 0:umness Loan Pemcnally KL4rArte4d Ppymont Profile 0 C C C C C C C C C C C C C C C C C C C C C C C C Sep Aug Jul Jun May Apr Mer Feb Jen Deo Nov Oct Sap Aug Jul Jun May Apr Mer Pub Jan Deo Nov Oct Sop 2012 2011 2010 Svbecrlbar Display SHEFFIELD Statue; Aeoountlpald Illenthly Paymen( Type, Eadmated Name: FINANCIAL CO eatlefactorlly (Open ar Closed: Cloned 1/2/2020, 10:35 AM Packet Pg. 151 01/02/2020 11:43 FAX 570342324E PENNEAST FCU8.0.1 lZ 007/ cmlation Inc. 6of10 KOS: Spadal Comment Evaluation: Open Data; status Gua: Max Delinquency Dale: AcocunlTypel Personal Loan Companies No additional review Is required 04!27120 DO 06101120112 % creatlttntl M rchandlte Terms Durellon: 060 ECOA: Individual Balance Data: 05130/2012 aalance Amount: Amount OudlBsr Value Onglnal 33,769.00 Unknown Payment Profile Amounl Pool Due: Account Number: Months Hle.ory: 00 Over 30 Deye; DO Over 6C Days: DO Over OD Days: Demo Counter; Col lateral: Monthly Paymert Amount Revolving Or d Iwelallmanl: 36 1-1aet Payment Date: 00 8iubocdw 00 Original Creditor Nemo, Q4 aold to Nems: 00 Qlspule Flag: Mlax Payment: Mrst Dellnquenay Dale: 4econd Dallnquency Cate: https://keyst01)e:8443/Live/ InatANment 03(2712012 2680032 Enhanced Payment Data Initial Payment Laval Data Account Condition Payment nttua Account Type 9�rclal Cnm_ mens 0XV2012 Palo Current Recreailonat Merchandise 9 C C C C C C C C C C C C C C C C C C C C C C C C May Apr Mar Feb Jail Doc Nov Oct Sap Aug Jul Jun May Apr My Feb Jam Dar. Nov Oct Sep Aug Jul Jun May 2012 2011 Monthly Payment Tenn! Duration: 2010 Amount: subscriber Display SYNOSIGAID status: Accountlpald Mcnthly payment Type: Eatimawl Name: Sap Aug Jul Jun May Apr Mar Feb satlefsctOdlY Crpen or Closed: Clceed KOH; General Clothing Store Amount Paet Due: F$ievblvIng Or SubsvribarDisplay Comment: 6loruc Aocount Number: Scheduled Tenn INstallmenl; RevolvingSpecial EValuatlDn: No additional ravlAW Is Months rllttory: 90 Lust payment Date: 0111 912 01 0 RovolvIng Or required 00 Over 30 Days: 00 4ubaoda: ]607360 Open Date: 0510712003 DO Over 80 Day.: 00 C,dglnnl Crodlior Name: 0712112017 $latus Dale: 0210112D12 DQ Over Igo Days: 00 ;told to Name: Open Date Max 0e11114iue00y DOW 00 Over 00 Daye', Derog Counter. 00 Nspute Flag: 1 210112 01 9 Ac ount7ypa: RavotVing Cnarga Collateral: Max 0011Aauency Data: Max Psyrtmenl: Derog Counter: 00 Claputo flag: Account Monlhly Payment Credit Card, Terms Finl DrAnquancy Dais: Atex Aaymenl: Terme Durellon: ROVOlving Amcunt: 5econtl Delinquency ECOA: Authvrizad User C,ata: Salaries Dale: 02126/2012 Bolvriw Amount: Amount ]Enhanced Payment Data Cuallner Value Initial Paymant Leval Oal6Account Condition Papa r� tJtAccount Type Special Comment UnIlt 30.0 02101/2612 Paid Current Revolving Charge Account High balanca $367.00 Payment PryRle a 0 S 0 0 0 0 0 0 0 0 D 0 0 Fop Jen Dec Noy Oat Sep Aug Jul Jun May Apr fear Feb Jan 2012 20'11 Subscriber Display SYNCB/SAMS CLU13 $tetwr Name: DC KOO: Uank Credit Cards Amount PBet Ouw Special Comment; Ac=wnt Number: Evoluaaon; No addltlonal review in Months History; required 00 Over 30 Days: Open Data: 0 411 612 00 7 DQ Over 60 Days; Status Data: 0010112011 0 Over 90 Days, Max Delinquency Umil Darog COunler', Dole: High balance Col latarel: Account Type: Credit Card, Terms REV Monthly Payment Tenn! Duration: Ftevgfving Amount: ECOA: Individual B 0 0 0 Balance ()Ole: 09/2312011 0 0 0 0 0 0. 0 0 0 0 Balance Amount: Sap Aug Jul Jun May Apr Mar Feb 0 0 4 0 0 0 0 0 D 0 0 DOC NOY Oft Sop Aug Jul Jun May Apr (Aar Feb W10 Accuuntlpald AVonlhly Payment Type: Eatlmeted watlefactorily C pen or Closed; Closed F+OVOlvin9 Or jislallmenl: Revolving �. Laau Payment Dale: Da(2212009 00 9ubcode- 1359290 00 C,Oglnal CredHor Name: 00 &Did to Nerns: 00 Gtispute Flag: Mao: Payment: Wet Dellnquanuy Oats: &acond Dsllnquency Life: Amount Enhanced Payment Data Qualifier Value In Ilial Payment Leval Dots AeQQun�Condlnan Payment tu■ Account Tye@ Usolll Comment Umil $0,06 00101/2011 Paid current Credit Ctrs, Terms REV High balance $2,375.00 Payment Proflls B 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 Sap Aug Jul Jun May Apr Mar Feb Jan D■e Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan Der Nov Oct Sep 2011 2010 2009 SubsvribarDisplay u18COVER FIN SVCS 6loruc This Is an ■oaount In 101onlhly Payment Type: Scheduled Tenn Name: I.LC good standing (,.pon or ClCaed: Open KOB: UAhk Credit Cards Amounl Past Data RovolvIng Or Special COmntert: AOWUMI Number: Installment Ravulving Evaluellqn; No additional review Mons ha Hlatory: 92 Leet Payment Dale: 0712112017 is required OC Over.20 Days: 00 4ubcode: 3276502 Open Date 021O512DO3 00 Over 00 Daye', 00 (Nrkulnel Creailor Noma! Status Data: 1 210112 01 9 00 nver BO Days: 00 Sold to Name: Max 0011Aauency Data: Derog Counter: 00 Claputo flag: Acmunt Type: Credit Card, Terms Collateral: Atex Aaymenl: REV 1/2/2020, 10:36 AM Packet Pg. 152 01/02/2020 11 43 FAX 5703423246 PENNEAST FCU8.C.1 0 008! Core'Lation Inc. 7of10 h ttps://keys tone: 8443 /Live/ Terme Dur■llon: Revolving MCnthly Payment $267.00 P1rst Dollnquency Dale: ECOA: Indheldual Amount: Emcond Delinquency Balance Date; 121232019 Dale: Balance Amounl: 50.00 Amount Enhanced Payment Data Quuallfler Value Initial Payment Level Date Account COncittlon Z!yMo_f1t Statue Account Type —specie I Comment Limit 515,CDC.OD 12107;2019 Oper Cl rrerl Credit Catd. Tarma RCV Hlgh balance S13,479,00 Payment Profile 0 C C C C C C C C C C o 0 0 0 0 r 0 d 0 0 0 o D D Dec Nov Oct Sep Aug Jul Jun May Apr l Feb Jan Cot Nor Oct Sep Aup Jul Jun May Apr Mer Feb Jen Dec 2019 2016 2017 Subscriber Dlsplay SYNCB1Pp141C statue; Thla 4 an account In Mpnihly Poymarl Tyne: Scheduled Term Name: good atandlnp Crpen or Closed; Opan Koh; Bank Credit Cards Amounl Peel Due: FPsvolvtng Or SAOUaI Comment: Account Number' lketa[ImDn Ravelvin0 Evaluation: No additional revlew Is Mcrths Hlalory: 99 Last Payment Date: 1W v2D10 required D0 Over 3C Dayc DD Subcoft 1647460 Open Dale: 10/2712006 DO C"r 60 Daye: 00 C+ripinal Creditor Nome: 518tue Data: 121olf2019 DQ over 90 D■y■: Do Bbla to Name: Mau Delinquency nemg Couplet 00 plapute Flao; Date; Collateral: pilaff Payment: Account Type Cr.dtt Card, Terme REV Monthly payment Nra1 Delinquency Dole; 638,00 Tarma Durallon: Revolving Amount: Second Delinquency ECQA. Authorized User C ass; Belanoe Date: 1212¢x2019 Bale rice Amount: S 1,333.00 Amgunt Enharcyd Paymelint Data Quallfler Value Incl l Payment Level Dots Account CondlJon Paymentgatus Account Type spacial CQ111mont Limll 312,20O.Ou 1210112D19 Open Current Credit Card, Terms REV Hlgh balance 301001,00 Payment Proflie C C C C C C C C C C C C C C C C 0: C C C C C C C C Doe Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan Doc Nov Oct Sep Aura Jul Jun May Apr Mer Feb Jan Doc 2014 2018 2017 Subscriber Dlspley JPMCB CARD Status: This Is an account In Worlhly Paymant Type: Scheduled Term N41 me: Rood standIna t:tpen cr Cloud; Open KOS: Bank Credit Cabs Amount Past Due: Ftevulving Or Special Comment: Accounl Number, 1Natellmenl: Ravoiving Ev4luallgn: No addiuonal review Months Hlatory: 90 Laial Payment Date; 1 2121 12 0 1 9 Is required D0 Over 30 Days: 0O Elubcads: 3162310 Open Dets: 04ItBr2003 pQ Over 60 Day,: 00 Original Crecillcr Nam■. Status Data 1 700112 0 1 9 DQ Over 00 [?aye: 00 Siold to Nerlle: Max Delinquency Date: DeroD Courier: 00 61spule Fleg: Account Type: Credit Card, Terms Cgitaterol: Nur Psymont: REV Monthly Payment F4ral Cehnguency date: i213.0D Term, Duration:Revolving Allnt; hecona Dallnquency ECOA: Individual 0.616; Balance Dale: 1 212412 01 9 Balance Amoun[- ge,883.00 Amount Enhanced Paymanl Data Quailflor Value Initial Payment Laval Data Account CondlOon PoZMent Statue Account Type 8 ectal COrllment Llrnit 311,400.00 110112019 Open CJr7er,, High belancs 4'8,489.00 Payment Praflle C C C C C C C C C C C C C C C C a: C C C C C C C C Dec Nov Dot Sep Aug Jul Jun May Apr Mer Fob Jan Dec Nov OM Sep Aurl Jul Jun May Apr Mar Fab Jen Der 2019 2018 2017 SubaorlborDisplay JPMCB CARD Status: This to an account In Fi onlhly Payment Typo: Scheduled Term Name: good standing aleen or Closed_ Open KOS: Bank Crodlt Cards Amount Peel Due kovalving Or Specld Gcmmem: Account Number. lhotallmant Revolving Evaluation: No additional review Mentha History W% hast Payment Dale: 1211IW2019 Is required DO Over 30 Day.: 00 qubocdc 3162310 Open Data: 0410712003 DO Over 60 Days; 00 LNdginal Credltor Nsme- $lalue nate: 12101=19 DQ Over 90 Days: 00 Gold to Name: Max Delinquency Dale: Derog Counter; DO riliapuls Flag: Account Typo: Credit Card,Torma Collateral: Max Paymerl REV Monthly Paymarl 4376Rlrat Dollnquenoy Dere: Terme Durutlon K*Volving Amount: .00 Second Delinquency ECOA: Authorfxed User Balance Dale: 12!2212019 Balance Amount: $18,368.00 Amount rnhenood PaymFnt Dote Quellflar Velun Initial Payment Love] Date_ Account _CBndi len PaymNnt Statue Account Type SpOCIal Comment Llmll 517,DDC.CD 1210'112019 Open Currerh High balance 521,374.00 Payment Profile 1/2/2020,10:36 AM Packet Pg. 153 01/02/2020 11 44 FAX 5703423246 PENNEAST FCU a 009/ Corelat•on Inc, C C C G C C C C C C C C Dar Nov Oct Sop Aug Jul Jun May Apr Mar Feb Jan 2010 Subscrlbor Dlepley AMEX Statue: Name KCB', Bank Credit Carlo Amount Peet Due: 5p"dFLI Commons: ACCOLnt Number, Evaluation No oddli ltl review Muntho Metory; Is required Da Over 30 Deye: Open Date: 03!22!2017 OO Over BO Days: Status 131W 12101!2014 DO Over g0 ll Max Dellnquency Dale: Derog Counter; Account Type: Credit Cord, Term■ Collateral; REV Monthly Payment Torms Cumtlan' RBvglving Amount: ECOA: IndIvldusl 6alanca Dale'. 11 212 012 0 1 9 Balance Amount: $12,768.06 Amount Quallfer Value Llmlt 316.000.00 Hlgll bar -once 514.222.00 Payment Profile C C C C C C C C C C C C Ill Nov Oct Sap Aug Jul Jun May Apr Mir Feb Jan 201a Subscriber Display WAYNE BANK StatuF. Noma: KGB: All Banka -- Non- Amount Past https://keystone: 9443 /Lives C C C C C C C C C C C C C Dec Nov Oct Sap Auk Jul Jun May Apr Mar Feb Jan Dec 2619 2017 Thl■ In an account In good Paortnly Poymant Type; Sehaduled Term atlinding Crpen or Closed: open Enhanced Piymemt nota InlllalPayment Level Data AccountConditlon Paymant tua Account Type SpacialGommont 12101I201F Open Current Credit Card,'terms REV Faav7tving Or RavO[Vlnp Due; IctiNlmenC 33 L4et Payment Dale: oa Suboodo: 1220700 00 Cnglnal Creditor Name: 00 ftd to Name: 00 Cjspule Flag: 1H1etary: 6ngx POyment: $440.DO Fret Dellnquency Data'. Max Dollnquaney Date: Stecond Dellnquency trey.: Cate; Enhanced Piymemt nota InlllalPayment Level Data AccountConditlon Paymant tua Account Type SpacialGommont 12101I201F Open Current Credit Card,'terms REV C C C C ( C C C C C C C C Dec Nov Oct Sop Aub Jul Jun May Apr Mar Fab Jan Dec 2619 2017 This is in account in good Monthly Payment Type: Scheduled Tem, standing (,pan or G:cosd: Open Pevotving Or InaLitlment Installment: Leet Paymant Dale: 1211217019 ttxmds: 01011l 99 C-rlglnal Creditor Namv: :told to Name: 00 Criepute Flag' Nlax Paymant: 00 P1ral Delinquency Dale: as cod Delinquency Q0 Dow 00 $880.00 Amount Enhencod PeymdntData Qualifier Value Initial Payment ACCOunt Payment Special Origin*[ SSee,300.00 Level DooCondltlan 9 a IA Account l}rpv Comment Unknown 12!01!2019 OpenCurrer l ConveMona' Rea+Eslale Loan, Inc uding Purchase Money Fire! Payment Prurls C C C C C C C C C C C C Doc Nov Oct Sap Aug Jul Jun May Apr Mar Feb Jan 2016 Sabecnber Dlaploy WAYNE BANK 5tatur Nemo: K09, All Banka •- Non, Amount Pen Spociflc Due; 5pedel Comment) Account Evaluation, No additional review is (dumber: required Monlha Open Onte', 06110;2006 1H1etary: Statue Data: 12101x2016 00 Over 30 Max Dollnquaney Date: trey.: Armunt Type: Conventional Rael D4 Over Go Estate Loan, InCluding Dayw Purchase Money First 00 Over 00 Terms Duration; 279 D*ys ECOA: Joint ACCOunt Dareg Balance Date: 1 211 31201 8 CCunter' Balance Amount: $116,370.09 Collateral: CoinhJy Monty Payment Amount; C C C C ( C C C C C C C C Dec Nov Oct Sop Aub Jul Jun May Apr Mar Fab Jan Dec 2619 2017 This is in account in good Monthly Payment Type: Scheduled Tem, standing (,pan or G:cosd: Open Pevotving Or InaLitlment Installment: Leet Paymant Dale: 1211217019 ttxmds: 01011l 99 C-rlglnal Creditor Namv: :told to Name: 00 Criepute Flag' Nlax Paymant: 00 P1ral Delinquency Dale: as cod Delinquency Q0 Dow 00 $880.00 Amount Enhencod PeymdntData Qualifier Value Initial Payment ACCOunt Payment Special Origin*[ SSee,300.00 Level DooCondltlan 9 a IA Account l}rpv Comment Unknown 12!01!2019 OpenCurrer l ConveMona' Rea+Eslale Loan, Inc uding Purchase Money Fire! Payment Prurls C C C C C C C C C C C C Doc Nov Oct Sap Aug Jul Jun May Apr Mar Feb Jan 2016 Sabecnber Dlaploy WAYNE BANK 5tatur Nemo: K09, All Banka •- Non, Amount Pen Amount Ouollfl4r value Original S450,000,00 Unknown Payment Pro"ly C C C C 6: C C C C C C C C Doc Nov Oct Sep Al Jul Jun May Apr Mar Fob Jan Dec 2018 2017 This Is an account In good INorlhly Payment Type: 80hadurad Term standing (.,pan or Clcaed' Open hevolving Or Installment Inotallmant !sat Paymant Date: 1211212019 aubradw 0105370 9g f+dglnal Creditor Name: ,hold to- Name: 00 C�oyula Flap: M ax Payment: 00 Alret Dellnquency Data: 'Iecond Delinquency 00 6+0116: 00 $2.011-00 Enhanced Paymant Deis Initial Payment Account Payment Acpoun• Type special Level nate Condition Status Comment 12101120111 Ope1 Current ConvenMnal Rest Earl Loon, Indudlna Pumhaus Money Flrst 8 of 10 1/2/2020, 10:36 ANI Packet Pg. 154 Spocine Dua: Speual Comment Accounit EvaluotlOm No oddltlonal revlvw Is Number required Months Open [)AMr 12avf2.006 Ni6t0ry; Status Delo! 12101(2099 DO Ovve 90 Max Dellnquency Data: Days: Account Type Conventional Real DO Over 60 Estate Loan, Including Days: Purchase Monoy Flat Co Over -40 Terms Durstion; 360 Dsyc FCOA: Joint Account Derog Balance Dalai 121131,2019 Ccumar, 5a[ance Amount: S330,E06.00 Collateral: Monthly Payment Amount: Amount Ouollfl4r value Original S450,000,00 Unknown Payment Pro"ly C C C C 6: C C C C C C C C Doc Nov Oct Sep Al Jul Jun May Apr Mar Fob Jan Dec 2018 2017 This Is an account In good INorlhly Payment Type: 80hadurad Term standing (.,pan or Clcaed' Open hevolving Or Installment Inotallmant !sat Paymant Date: 1211212019 aubradw 0105370 9g f+dglnal Creditor Name: ,hold to- Name: 00 C�oyula Flap: M ax Payment: 00 Alret Dellnquency Data: 'Iecond Delinquency 00 6+0116: 00 $2.011-00 Enhanced Paymant Deis Initial Payment Account Payment Acpoun• Type special Level nate Condition Status Comment 12101120111 Ope1 Current ConvenMnal Rest Earl Loon, Indudlna Pumhaus Money Flrst 8 of 10 1/2/2020, 10:36 ANI Packet Pg. 154 8.C.1 61/,02}2020 11;44 FAX 5703423246 PENNEAST FCU 1�1 010/ Corelation Inc. C C C C C C C C C C C C Doc Nov OCt Sop Aug Jul Jun May Apr Mar Feb Jan 2019 Subacrlber C4play CAPITAL ONE BANK Statue; Name: USA N KOS: Bank CrodIt Cards Amount Pnl Due- Spadel Comment Account Number: Eveluallon: No addltlonal review Manitla Mlst6r}: is required DQ Over 00 Days: Open nate: 12!91120115 DO Over BD Days: Statue Date; 12!0112010 DO Over 90 Days: Max Delinquency Data: Darog Counter: Attaint Type: Credit Card, Terms Cchateratr Rev Monlhly Payment Terms Owatl0nl Revolving Amount: ECOA: Authorized Unar Balance Dale: 12112121010 Balance Am04nt: ;15,109,09 Amount Ill Value LWt 320=1l High balance S19,959.00 Payment Pronle C C C C C C C C C C C Oec Nov Oct Sop Aug Jul Jun May Apr Mar Feb Jen 2010 5ubscrlberDleplsy CAPIICABELAS Slatus: Na me: KCB Bank Credlt Cards Allounl Pest Due: Special Comment; A=unt Number: Evefuatlam No addlticnal revlew Is Months Hldcry: required DR Over 3D Days: Opor Date: 0ar02120o1 DQ over 50 Doya: Status Date: 12101/2019 Do Over 90 Days: Max Dallnquency Oomg Counter: DeW OoSaleral. AcuuunlTypo: Credit Gard, Terms REV Mnnlhly payment Terme Durallol Revolving Amount; ECO.k Joint Acca unt Balance Dole: 12!1012019 Balance Amount. $13,174.00 Amount Oulllller Value Limit S23,000.0D Hrgrh ba4ncs $24,007.00 Payment Ill C C C C C C C C C C C C Doc New Oct 86P Aug Jul Jun May Apr N1ar Fab Jan 2019 SabeCrlterDlaplay CAPITAL ONE BANK Statin: Name: USA N KCS: Bank Credit Cards Amount Pass Due: Spade[ Comment- Account Number: EvoluatVt7n: No additional review Munths Hill Is required DO Over 30 oayc Open Dwil l 04M012019 DQ Over 60 Dny9: $latus Dale: 12107!2019 Do Over 60 Daya: Max Drl:nquerCy Dale: Cal Counter: AtxnourIType: RoVolvIng Charge Collateral: Account Montnly Payment Terms Duration: Rev0lvinB Amount: ECOA: Individual Balance Dote: 12107:2019 lie lance Amount: $9,42200 http s://keystone:8443/Live/ C C C C C C C C C C C C C Dae Nov Oct Sep Aug Jul Jun May Apr Mer Poll Jan Dae 20111 2017 Thin is an account In N17nthiy Payment Type: SGhedolod Term good standing OOen or Closed; Open Enhanced Psymeat Data Initial Payment Level Data AccountCondltlon Peymenl Status Account Typo 8 ecial Communt 12,10112019 Open Ourram C C C C C C C C C C C C C Doc Nqv Oct Sep AUC Jul Jun May Apr Mar Feb Jan Dec 2019 2017 TMs Is an account In good t4anthly Payment Type: Scheduled Term •Lading Qpen or Closed: Open Rievolving Or Inatallmcrt: Revolving 35 Lnot Payment Date: 1210812018 00 &toode: 1270245 00 O-lglnal Coil Name: 00 Wd Io Norns 00 Dispute Flop: 00 V43x Payment $980.00 FTrI DoIl lncy Data: 5715,00 $hcand Delinquency 511.709.00 17/01/2019 C'a:e: Enhanced Psymeat Data Initial Payment Level Data AccountCondltlon Peymenl Status Account Typo 8 ecial Communt 12,10112019 Open Ourram C C C C C C C C C C C C C Doc Nqv Oct Sep AUC Jul Jun May Apr Mar Feb Jan Dec 2019 2017 TMs Is an account In good t4anthly Payment Type: Scheduled Term •Lading Qpen or Closed: Open Enhil Psymar3t Data Initlol Payment Level Data Account COnditlon Paymant 8ratus AdCountrype Oil Comment 12!0112018 Coen Current Cre It Card, Terms REV C C C C C C C C C C C C C Dec Nay Oct Sep An} Jul Jun May Apr Mar Feb Jan Doc 2013 2017 This Is an account In Monthly Payment Type: Behedulad Term good standing Cpen or Closed: Open prevalving Or Ir+sfallmenl Revolving 08 beet Payment Date: 1 210 512 01 9 00 I?fubcods: 1270245 00 Cidglnal Creditor Name: 00 'kink Io Name: DO C+Iepute Plage hoax Payment: $74.00 Pira Delinquency Data: !ascend Delinquency Crate: Amount ftvolving Or Irro lol lrRevolving il Leat Payment Date: 1210712019 00 5.tcode: 2218590 00 Ctlylnd Creditor Name: 00 SIC to Name: 00 Mopule Flap: Condition 9LIv� Max Payment: 5715,00 F-rdDell nquencyDal@: 511.709.00 17/01/2019 95cond Delinquency Open Current Cele: Enhil Psymar3t Data Initlol Payment Level Data Account COnditlon Paymant 8ratus AdCountrype Oil Comment 12!0112018 Coen Current Cre It Card, Terms REV C C C C C C C C C C C C C Dec Nay Oct Sep An} Jul Jun May Apr Mar Feb Jan Doc 2013 2017 This Is an account In Monthly Payment Type: Behedulad Term good standing Cpen or Closed: Open prevalving Or Ir+sfallmenl Revolving 08 beet Payment Date: 1 210 512 01 9 00 I?fubcods: 1270245 00 Cidglnal Creditor Name: 00 'kink Io Name: DO C+Iepute Plage hoax Payment: $74.00 Pira Delinquency Data: !ascend Delinquency Crate: Amount Enhanced Payment Data Qualifier Value InitJal PeymentLsvel Accotrot Payment Arccount ryes Speclel Limp 312.000.00 Date Condition 9LIv� _ Comment Hlph balance 511.709.00 17/01/2019 Open Current B93dneal Cl Card - Rovnlv,ng T^9rma Payment ProMe C C C C C C C C DCC Nov Oct Bop Aug Jul Jun May 2019 $utaGrlberMoplay FENN EAST F C U Staluo: This Il in account In Monthly Payment Type', Scheduled Term Name: good standing prpen or Cloned-. open WE: Credit Unions Anvcunl Past Due_ pavelvinp Or Special Comment: Account Number: ac IhaU lmenl: Revolving Eveluallon: No addidunal rovlew Mcnihs Nlatory: 30 wsl Paymant Date: 1or"I'2010 Is required DQ Over 70 Daya: 00 swucoda: 177017'7 9 of 10 1/2!2020, 10:36 AM Packet Pg. 155 01/,02/2020 11:45 FAX 5703423246 PENNEAST FCU U 013/ CoWation inc. https:/Ikcystane:8443/Live/ Open Date: Oe116r2O17 DQ Over 00 Days: vo CrrII Cr*0Q*r Name: 57 Status Date: 11101!2019 DQ Over 00 Day 1: 00 O—ald to Name; 17176 MODEL F ELOCKED Max Delinquency Date: Doroo Counter: 00 Clapuls An: S4r1s,e78.00 Account Type' Credtt Line 9scured, Collateral- SSN FIra1 Poeslhla Max PaymanC CHARLES STITHROOP PA lacuanna Year: Revolving Monthly Peymerd $878.00 Fret Delinquency Dela: So;W Det*' Terme Duration: Revolving Arnounl Soclal Count ?os=n0 Delinquency AvallaDle Per!. el ECOA: Joint Account Cale: Balance Ogle; 11x3012016 Balance Arttrsuct: $74,053.00 Amount Entlanced Payment Data Ouallner Value IntVal Payment Level Account Payment special Lrt 3&O,DC7uD Date Conditon Status Account ryp• Comment Hlih oalarta 3!0,000.00 1113112019 Dpen Current H4dl• Equity Line Of Cradlt KM41vinp Terms Payment Profile C C C C C C C C C C C C C C C C o C C C C C C C C Nov Oct Sap Aug Jul Jun May Apr Mar Fab Jan pec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan Dec Nov 2018 2018 2417 Inquiry Data Type yubacrther Dlapley Name KDH _ 5uhc❑ds TRrma Account Number Amount 04110;2019 Unknown • Credit Extanslon, Review, Or Collection CAP ONE NA Bank Credtt Cardk 11C3317 UNKNOWN C211 11 2 0 1 9 Unknpwn - Credit Exonsl❑n, Review, Or Collection PENN FAST FCU Credit Unions 1713270 JNKNOWN Information Meal M9uage Number _ Meeaerre Taxt 67 0178 MODEL N BLOCKED 57 0175 MODEL R BLOCKED 67 0175 MODEL K ULOCKED 57 17176 MODEL F ELOCKED $7 0335 1 MANY INQUIRIES LAST 12 MONTHS 57 1204 MLA NO RECORD FOUND Fraud Smlces Monthly 000 Type: Onflle address me3eage Addreea Data: SIC; CKPT TRADE Addreaa Count: Flag- CONTRACYOR•SPECIAL Addrere Error Gode: Padd Amounts: TRADE ON FACS+ FILEILIAN S4r1s,e78.00 Rest Estes THE OUTTERMAN14 SSN FIra1 Poeslhla 5148,280.00 CHARLES STITHROOP PA lacuanna Year: Kevoly:ng 18812!670.349.49&9 Avallatle So;W Det*' 1010112 0 1 0 Soclal Count 0000 AvallaDle Per!. el Social Error Code: No error cenditlona occur Consumer Aattlstunco Reforral Addreas Df ir6 Name; EXPERIAN Clty state Z1p Street: 701 EXPERIAN PO Box: PARKWA7 Profile Summary Disputed Accaunt0 EzUuded: PuI Recorce Gaunt InwWVrrerl Balance. Real Estate si lanae: Revolving Balance; Peet Due Amount $2,973,00 All tradellnee Included i3, 493.00 All tradellnes Inelvded 028 Alf) tradellnoa Included 1010112018 'n N La3t P035[bie Daoa Irrauance Year; No error condltlona ndlootor; occur Cia1. Of sinn; L'a1e Of Death'. ALLEN, TX 75013 Monthly 000 Payment: Totallnquirles, Monthly 400 Psymanl penial 6 Months: Flag- 10.00 Foal Estate Padd Amounts: Payment: S4r1s,e78.00 Rest Estes Accounts: Payment Partial 5148,280.00 Flap: Dervq; Kevoly:ng Dcrcg C❑unter. Avallatle $0.00 Permnt Revolt' ng AvallaDle Per!. el Flag: $2,973,00 All tradellnee Included i3, 493.00 All tradellnes Inelvded 028 Alf) tradellnoa Included 1010112018 'n N La3t P035[bie Daoa Irrauance Year; No error condltlona ndlootor; occur Cia1. Of sinn; L'a1e Of Death'. ALLEN, TX 75013 Rhona PO BOX 20C2 001 Totallnquirles, 002 InquIdes During Last 000 6 Months: Total Trade flems: 027 Padd Amounts: Ole sett■fa:wry 020 Accounts: Now ❑elinquerl Oo0 Dervq; 01 03 17 16 21 10 of 10 11212020, 10:36 AM Packet Pg. 156 8EB3973742 Was Delinquent 001 Onrog Oldest ?rade pv0ulBeO Coen Data: b0 Over 3D Days: vD DQ ovar00 00 Days: Du Over 60 00 Days'. Dcrcg C❑unter. 04 10 of 10 11212020, 10:36 AM Packet Pg. 156 "A CREDIT CHECK Commercial Credit Report Company: DAN THE GUTTERMAN, INC. Address: 15464 CORTONA WAY NAPLES, FLORIDA 341.20 Telephone: (570) 840-5249 PRINCIPALS: PRESIDENT Address - Social Security Number: Stock Ownership: Address Social Security Number: Stock Ownership: Address Social Security Number: Stock Ownership: Address Social Security Number Stock Ownership-. BINGHAM, DANIEL J. 15464 CORTONA WAY NAPLES, FLORIDA 34120 160-64-6494 loo. - 8.C.1 CONFIDENTIAL Date: 01/28/20 Cust. NO: 9999 Ordered By: 7264 Page: 1 RISK SCORE: Experian Financial Stability Risk Score 24 , .Poor ,r._.». --. -_ - .... __. .... . ... .... . EXce�rn-,00 24 (X) Corporation EIN: 81-2088706 1 7Low isk 2 Med 3 Medium Risk ♦ 4 .Med to Hi h 5 High Risk CREDIT RISK SCORE The score uses tradeline and collections information, public filings as well as other variables to predict future risk. Higher scores indicate lower risk_ FACTORS LOWERING THE SCORE: * risk associated with the company's industry * company's business type * number of employees Reported for: APPLICANT - SEE NAME ABOVE Reported by: Credit Check, Inc. - 3017 Exchange Court, Suite H, West Palm Beach, FL 33409 . (561) 616-5556 Packet Pg. 157 CREDIT CHECKm Commercial Credit Report Company: DAN THE GUTTERMAN, INC. Address: 15464 CORTONA WAY NAPLES, FLORIDA 34120 CONFIDENTIAL Date: 01/28/20 Cust. No: 4999 Ordered By: 7264 Page: 2 8.C.1 DAN THE GUTTERMAN, INC. was INCORPORATED in the county of COLLIER, state of FLORIDA, on 03/31, 2016. The charter number is P16000029654. The registered agent is BINGHAM, DANIEL J. of 15464 CORTONA WAY, NAPLES, FLORIDA 34120. Offices are LEASED from N/A at N/A per month. The company employs N/A. NET WORTH: ON FILE WITH STATE The company maintains banking relations with N/A The officer handling the account is N/A PUBLIC RECORDS WERE CHECKED FOR COLLIER COUNTY, FLORIDA. A SEARCH OF LOCAL, STATE, AND FEDERAL RECORDS HAS BEEN CONDUCTED WITH THE FOLLOWING RESULTS: CLEAR AS OF 01/28120 - SEVEN YEAR SEARCH. *** Credit Profile **"' REMARKS: N/A = NOT APPLICABLE/NOT AVAILABLE REPORT WORKED BY KELLY END OF REPORT. This commercial report is furnished simply as an aidm determining the credit desirability of the appBcant(s). Il is oased upon inlorinaboo obtained m good faith by ttrs agency from sources deemed reliable The accuracy of same, however, is in noway guaranteed By your acceptance and use of this report, you spec fically agree to hold Credit Check, Inc. harmless from any liability whatsoever Packet Pg. 158 Detail by Entity Name Detail by Entity Name Florida Profit Corporation DAN THE GUT-FERMAN, INC Filina information Document Number P16000029654 FEUEIN Number 81-2088706 Date Filed 03/31/2016 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 01/27/2020 Principal Address 15464 CORTONA WAY NAPLES, FL 34120 Mailing Address 15464 CORTONA WAY NAPLES: FL 34120 Registered Agent Name & Address BINGHAM. DANIEL J 15464 CORTONA WAY NAPLES, FL 34120 Name Changed: 01/27/2020 OfficerlDirector Detail Name 8t Address Title P BINGHAM, DANIEL J 15464 CORTONA WAY NAPLES, FL 34120 Annual Reports Report Year Filed Date 2018 01/27/2020 2019 01/27/2020 2020 01/27/2020 Document Images O1l27:2020 — REINSTATEMENT View image in PDF format 03131/2016 — Domestic Profit View image in PDF formas 19-1. Dep Mi t of :-Wj. D- p- of C -P. at— ]ittpa/search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity. Page 2 o Packet Pg. 159 State of Florida Department of State I certify from the records of this office that DAN THE GUTTERMAN, INC. is a corporation organized under the laws of the State of Florida, filed on March 31, 2016. The document number of this corporation is P 16000029654. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 27, 2020, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-seventh day of January, 2020 Tracking Number: 9797070531CR Secreturj, of State To authenticate this ccrtificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunhiz.orgIFilingsICertificateOfStatusICertificateAuthentication I 8.C.1 I Packet Pg. 160 8.C.1 ls"& iT6 DEPARTMENT OF THE TREASURY V INTERNAL REVENUE SERVICE CINCINNATI OR 45999-0023 DAN THE GUTTERMAN INC 15464 CORTONA WAY NAPLES, FL 34120 Date of this notice: 04-05-2016 Employer Identification Number: 81-2088706 Form: SS -4 Number of this notice: CP 575 A For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE' WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 81-2068706. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120 03/15/2017 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS_ If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. Packet Pg. 161 (IRS USE ONLY) 575A 04-05-2016 DANT B 9999999999 SS -4 8 C 1 If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 945, GT -1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS). A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover. Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer. The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized e -file Providers, such as Reporting Agents (payroll service providers) are available to assist you. visit the IRS Web site at www.irs.gov for a list of companies that offer IRS e -file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-629-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMIMERS: Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. if you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is DANT_ You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. Packet Pg. 162 C;0*T county Growth Management Qepartrrtent Contractor Licen 8•C.1 2800 N. Horseshoe Dr. Naples, FL 34104 Phone -239-252-2431 Fax -239-252-2469 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY STATEMENT OF OWNERSHIP This certifies that I, r,r r J b5,v k IJl am a member or managing 1 // APPLICANTS NAME (please print) member of i &ItkA 'o (LIMITED LIABILITY COMPANY NAME) I own 16�9 % of the units issued by the Limited Liability Company listed above. Affidavit of Applicant: I certify under penalty of perjury that the information contained is a true and correct statement to the best of my knowledge. P1 /1'0)m Applicant (please print) L Name of Company Signature of Applicant State of County of �" The foregoing instrument as acknowledged before me this C� � nate by who has produced Warne of person acknowledging (pkai rt) type of identification or known as identification and did not take an oath. n" ,, k'J SIGNATURE OF NOTARY) ?ot�tY Pu&¢ GOREN HOWELL * Commission► # GG 364975 Y Ist 12, 2023 N �F OF Flo tSO NeWry '=s FULL REINSTATMENT APPLICATION REV 4112118 Packet Pg. 163 CATION OF CONSTRUCTION GMD Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 Applicant's Name: / Certificate Category Requested:14 LA/ v" I ►ti The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. part of the b application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the following information: Name: Title: 1 License Number (if applicable): Name of Business: IWK7 = �7 L1 r1� 'i� 4.71 Business Address:��=L'f/i'L� �1 �� �CK�r�1l r �C 11'` Business Phone: -<�:The applicant's years of experience from to The applicant's scope of work (specific duties) included: Additional comments: L Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing ap lication and that the facts stated in it are true. A/' Ature I z Print Name State of Florida County of The foregoing instrument as acknowledged before me this d � O q 11b (Date) by � -11 • e-) �I n who has produced _ �(i tiro�'S J r•on_s€a (name of perskn acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SANDRA 11A, KLASSNER, Notary Public, City of Scranton, Lackawanna County My Commission Expires July 09, 2019 -J-uka. t.. !C Y/; 11 arm (SIGNATURE OF NOTARY) 8.C.1 Packet Pg. 164 ATION. OF CONSTRUCTION GMD Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 Applicant's Name: Certificate Category Requested: f - The applicant is seeking a Collier Counly7certificate of Competency in the trad indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement, You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or adniinistrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the following information: Name: i'1 CIL, 11• ( h Title: �� , , License Number (if applicable): , � C i S Name of Business: J Business Address: 91011 Business Phone.- 6-70 i �, 3 w �s _= The applicant's years of experience fromto The applicant's scope of work (specific duties) included: /r S 4,. /i _1 Additional comments: Falsifying any information provided herein may subject your license to revocation_ Under the penalties of perjury I declare that I have read the to going application and t the face stated in it are true. Signature <, Print Name State of Florida County of The foregoing instrument as acknowledged before me this V--231 / {P I (Date) . by �aa 1?; �' �' ed'� �z who has produced ,,,,,,ef `t �e of per on a owledging (type of identification) as identification and did not take an oath. NOTARY'S SEAL COMMONW15AUH QF PENNSYLVANIA NOTARIAL SEAT. SANDRA M. KLASSNER, Notary Public Gi,Y or Sc,antcn, Lackawanna County My CGr1mi ;sicn Expires July 09, 2019 (SIGNATURE OF NOTARY) 8.C.1 Packet Pg. 165 BeaMIKE SHT9INC. RE: Daniel Bingham To Whom It May Concern, Architectural Sheet Metal • Restaurant Exhaust Hood Syste 8.C.1 Duct Work for All Types of Heating, Ventilating & Air Conditioning PH: (570) 558-0397 • FAX: (570) 207-4710 www.bevilacquasheetmetal.com am writing to highly recommend Daniel Bingham as a General Contractor. I have had the pleasure of working with Dan over the last 10 years on numerous jobs. His knowledge and experience proves him to be more than capable of performing duties associated with General Construction. I am confident Dan will be an excellent General Contractor and customers will be very pleased with his work, just as I have been. If you have any questions or would like additional information, please feel free to contact me at (570) 558-0397. Sincerely, Mike Bevilacqua President SHOP 916 Capouse Avenue • Scranton, PA 18509 EMAIL mike@bevilacquasheetmetal.com Packet Pg. 166 �'ERIFICATIQN OF CONSTRUCTION EXEX PERIEN._..__' GMD Operations & Regulatory Management Department Licensing SeGtiOn 2800 N. Horseshoe Drive Naples, FL.. 34104 Applicant's Name: Certificate Category Requested: V i^^ t'" ""'of The applicant is seeking a Collier County ertificate of Carnpeter", in the trade indicated above. As part ng requested application for this certificate, the applicant l applicant in me their g experience eirement.l You shon this uld ve. erify timeu are to active sted to provide information that will aid the app experience working as an apprentice or y a skilled worker or as a worker commanding the wage of mechanic or rya be describe, but may or m Y better in the trade). Time sedemonstrate requi ed trade en eaThe personuld verifying tradedexperience must not be considered su$cient o provide the following information: Name: 1 Title: 0 .� License Number (if applicable): 7 f Name of Business: c Business Address. ( �S 2esc-f- Business Phone: si p.-g7�(-c�! oU The applicant's y�s of experience from aDd t to P �1- � ++e -v— Co �1 The applicant's scope of work (specific duties) included:' � CA v -e vi Additional comments: d !� Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. —L-1 Signature 6�—-- Print Name State of Florida County of i e acknowledged before me this bg D The foregoing instrument as (Date) �+ �i who has produced i �1ef,-& r? i cert $ e - by �� (type •f identification) (name of person acknowledging} as identification and did not take an oath. f�f NOTARY'S SEAL �[ COMMONHII= NN YLVANIA {SIGNATURE OF NOTARY) NOTARIAL 6EAL SANDRA M. KLASSNER, Notary Public City of Scranton, Lackawanna County My Commission Expires July 09, 2019 8.C.1 Packet Pg. 167 .`i VERIFICATION OF CONSTRUCTION EXPERIENCE GMD Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 Applicant's Name: Certificate Category Requested: _ _ The applicant is seeking a Collier CduAty Certificate of Competency in the ade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the following information: Name: A7.e iL nim:. A— Title: C License Number (if applicable): Name of Business: Cd 4zh Business Address: 1 1 1 J?k.out c.1T�14-I? � Business Phone: S7_ c.s� �. 11q The applicant's years of experience from I q4s-to The applicant's scope of work (specific duties) included: 0,+. J%4 KaMiui"3-MIR Additional comments: Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. c� Signature State of Florida County of The foregoing instrument as acknowledged before me this — ie(Date) ,j� as produced D fverS L; Cro so (Warne of person ackno ledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SANDRA M. KLASSNER, Notary Public City of Scranton, Lackawanna County My Commission Expires July 09, 2019 S I#, 1& (SIGNATURE OF NOTARY) 8.C.1 U) E W X w 0 `m M +,I c ar E as M c EI 0 'm I m .E M D c a� E t v ca Q Packet Pg. 168 Applicant's Name: CATION OF CONSTRUCTION GMD Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 Certificate Category Requested: The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide th following information: Name: 0-0 1: P T 1�0 ,,/ es n Title: License Number (if applicable): i (� Name of Business: Po 10jib 5 73r,, - 1J cT c,i Jam/ �� z• Business Address: lG� ~�) l 1 ry) F► J Business Phone: 3 " 1 J 3 1 The applicant's years of experience from ' to The applicant's scope of work (specific duties) included: ,1 Additional comments: Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. Sign e L r 173 O N Print Name State of Florida County of � � 0�� before me this ! �4 cl /Ito The foregoing tnstrtuncnt as acknowledged (Date}J by �; who has produced .�G-tJ t` S L �v�Crz (name of pers n acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL ED ra�vvv4:(} p N r_V NIA, i KKLASSN R Nota of Scranton, L&aawsnna Coun ylCCommission Fx7iros July 09, 2019 is (-1 OF OTARY} 8.C.1 Packet Pg. 169 M 1JuIV .�.,�� Jlv. CCNSTRLICTION C❑MPRNY, INC. GENERML CONTMRCTOR REAR 111 5- MAIN AVENUE • SCRANTON. PA 18504 SHOP: 341.1440 • FAX: 341.9240 • FREE ESTIMATES STATEMENTO Packet Pg. 170 C0*r C;014nty Growth Management Department STATE OF Contractor Licen 8•C.1 2800 N_ Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER COUNTY OFY-- I, TC�f1C'S i� flAt 0-4 '�-O , having been first duly sworn, state and affirm: I am a resident of L4 -P-4— County, PA- (State) and have resided here for more than five (5) years. During the last five (5) years I have known ClA n (� I Y1- Y141- (applicant). I have had the opportunity to observe his or her business and personal dea€Ings and find him or her to be a person of honesty, integrity and good character. The foregoing instrument as acknowledged before me this S+gnature Printed Name Address:4-0 m Street City 5 a:e Zip Telephone: S-9 y 3� S 4 cI Ci t\-)-Qi>--ro date who has produced -OG as identification name of person acknowledging type of identification or known and did not take an oath. QUIVO-a D&QLUV- (SIG=NATURE OF NOTARY) Commonwealth of Pennsylvania - Notary Seal MELISSA PERALTA - Notary Public Lackawanna County My CoRiO slafi KIE ISE", 2421 Commission Number 1151355 FULL REI NSTATMENT APPLICATION REV 4112118 d Packet Pg. 171 12 W C;©e- cau".ty Growth Management Department Contractor Licon 8•C.1 2800 N. Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER STATE OF PA COUNTY OF LCCkbW6nnQ I, 1 �vi having been first duly sworn, state and affirm: I am a resident of IOCKO�CWO County, i' P�— (State) and have resided here for more than five (5) years. During the last five (5) years I have known D/9 -In (3 t 1 (applicant). I have had the opportunity to observe his or her business and personal dealings and find him or her to be a person of honesty, integrity and good character. Signature Q"Qk kSSO'C�t I �0 11 n Printed Name AddressM , V �llo OUf, Street �LfLn4c)n PCA t V�)C4 City state Zip Telephone:___JnO ")bU-i Ol� The foregoing instrument as acknowledged before me this — a�-� date byS {�11U who has produced Y Id as identification name of person acknowledging type of identification and did not take an oath (ST649TURE OF NOTARY) COMMONWEALTHOF PEN NSYtVANIA-NOTARY SEAL \ JAMES A. TALARICO SR. NOTARY PUB11-30 CITY OF SCFtWTON, LkKAWANNA uJUNTY MY COMMISM14 EXiriRES°APR' f ,-2= COMMISSION NtUBER )232381 FULL REI NSTATMENT APPLICATION REV 4112118 Packet Pg. 172 8.C.1 COMMERCIAL DRIVER'W CENSE wm NOTFO a+'iQpURPO5E 5 'L Out 2072 DuvS 00 Doe 05/17/1966 -"EXP 05118/2023 05/22/2019 BINGHAM DANIEL JOSEPH T,, Pp 18572 `_.SEX: U �eE7ES:NAZ - =HGT 51-01' ,k CLASS. S .w► yt aEND. NONE NESTR K MQRGAN DONOR Packet Pg. 173 +co��r C 014 fty Growth Management Department Contractor Licen 8•C.1 2800 N. Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 0 APPLICATION FOR COLLIER COUNTY CERTIFICATE OF COMPETENCY COLLECTION OF SOCIAL SECURITY NUMBERS Date: APRIL 12, 2018 To: Applicants for Certificate of Competency From: Everildo Ybaceta, Contractor Licensing Supervisor Pursuant to Chapter 1-19, Florida Statutes and Collier County Contractor Licensing Ordinance 2006-46 Section 2.1.1., all applicants are required to submit their social security number (SSN) for the following purposes: a) Assess applicant's ability to satisfy creditors by reviewing their credit history. b) Verification of applicant's test scores and information. Our office will only use your SSN noted above for those reasons pursuant to Chapter 1-19, Florida Statutes, and as may otherwise be authorized by law. We are fully committed to safe -guarding and protecting your SSN and once collected, will be maintained as confidential and exempt under Chapter 1-19, Florida Statutes. FULL REINSTATMENT APPLICATION REV 4/12/18 P Packet Pg. 174 CiO�BY CiUN.YLt� Growth Management Department Planning & Regulation Operations Division Licensing Section January 30, 2020 DAN THE GUTTERMAN, INC. 15464 CORTONA WAY NAPLES, FL 34120 RE: REINSTATEMENT WITH WAIVER OF EXAMS Mr. Bingham, You have been added to the agenda for the Contractor Licensing Board meeting on Wednesday, February 19, 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, Admin. Bldg.), 3299 Tamiami Trail. E., Naples, FL 34112 in the Commissioner's Meeting Room on the 3rd floor. There is a security checkpoint you will need to go through, so please allow enough time to make it to the meeting. If you have any questions or concerns, please call (239) 252-2431 or you may email me at contractorslicensing@colliercountyfl.gov. Sincerely, Timothy Crotts Licensing Supervisor Contractor Licensing Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Growth Management Department"Contractor Licensing '2800 North Horseshoe Drive'Napies, Florida 34104'238-252-2400•www.colliergov. net 8.C.1 Packet Pg. 175 10.A 02/19/2020 COLLIER COUNTY Contractor Licensing Board Item Number: 10.A Item Summary: Case 2020 - 02 - Misconduct - Erol E. Santos -Juarez - Kingdom Electric LLC Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 10:58 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 10:58 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending Completed 02/11/2020 10:59 AM Completed 02/11/2020 4:48 PM Completed 02/12/2020 3:42 PM 02/19/2020 9:00 AM Packet Pg. 176 10.A.1 BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, V. EROL E. SANTOS-JUAREZ, D/B/A KINGDOM ELECTRIC LLC, Respondent. Case No: 2020-02 License No.: 201500001335 State Reg.No.: ER13015132 I ADMINISTRATIVE COMPLAINT Collier County (County) files the Administrative Complaint against Erol E. Santos - Juarez, D/B/A Kingdom Electric LLC, Inc, a Collier County Registered Electrical Contractor (License # 201500001335 and State Registered # ER13015132), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by the Board of Collier County Commissioners as a Registered Electrical Contractor (License No. 201500001335 and State Reg. No. ER13015132). 2, The Respondent, Erol E. Santo -Juarez is currently the Collier County qualifier and license holder of record. Obtained his qualifications by an appoved application, and was issued a Certificate Competency for an electrical contractor trade, pursuant to the Municode Sec. 22-182 for the company DIB/A/ Kingdom Electric LLC. (LCC20130002760) 3. Under the provisions of Chapter 489, Florida Statutes and Collier County Ordinance, Municode Sec. 22-202, the Collier County Construction Licensing Board (Board) are authorized to impose penalties against a holder of a Collier County Certificate of Competency. 4. On January 17, 2020 received a preliminary complaint from Reto Kramer, regarding Kingdom Electric LLC, and the installation of electrical service lines, boxes, underground conduit and switches, for the koi pond project at 9126 The Lane, without the necessary permits. The County's database (CityView Portal) revealed no permits for electrical service lines to the koi pond. 5. Respondent Erol E. Santo -Juarez was the sub -contractor, hired by Thomas R. Williams dba Williams Magical Garden Center & Landscape, to provide electrical services for Reto Kramer's koi pond project, for the contract price of $2,540. 6. The Chief Building Official, Jonathan Walsh, on January 15, 2020, under oath, made a determination before the Licensing Board, that a permit, and all applicable inspections would be required for the electrical installation of the koi pond located at the Kramer residence at 9126 The Lane. Packet Pg. 177 10.A.1 7. On January 22, 2020, Respondent Erol E. Santo -Juarez was advised there was a Preliminary Complaint filed by Reto Kramer for the installation of electrical service lines, boxes, underground conduit and switches, for the koi pond project at 9126 The Lane, without the necessary permits. 8. On January 22, 2020, Respondent Erol E. Santo -Juarez, D/B/A Kingdom Electric LLC, was shown a copy of an invoice for electrical installation of the koi pond for the Kramer residence at 9126 The Lane. The Respondent confirmed that was his invoice and the work had been completed without inspections or permits. 9. Thereafter, pursuant to Chapter 489, Florida Statutes and Collier County Municode Sec. 22-202, the Contractor Licensing Supervisor determined there exists sufficient cause to warrant the filing of formal charges. 10. On January 22, 2020, Respondent Mr. Santo -Juarez was issued a Notice of Hearing to appear before Collier County Contractors' Licensing Board on February 19, 2020, at 9:00 AM for misconduct. The notice was hand delivered and signed by the Respondent, pursuant to Municode Sec. 22-202 and Florida Statute 162 regarding notice. 11. The County now brings the following count in this Administrative Complaint against the Respondent: COUNT! A. Collier County Chief Building Official, Jonathan Walsh, reviewed the electrical work by Kingdiom Electric LLC (License # 201 500001 335 1 State Registered # ER13015132) and stated that electrical work conducted for the installation of the koi pond project requires a building permit, and should have been obtained before commencing the work. B. The Respondent Erol E. Santos -Juarez, D/B/A Kingdom Electric LLC, Inc , admitted that he contracted and invoiced for the electrical services and states the following "1 contracted the electrical work and did not pull the permit because when 1 asked Dana about the permit, she said they (Williams Magical Garden and Landscape) would be pulling the permit. 1 called her a few days later and asked if the inspections passed and she aid everthing went okay". C. Collier County Municode Sec. 22-201 (18) states, in pertinent part, that it is misconduct for a Collier County Certificate of Competency holder to proceed on any job without obtaining applicable permits or inspections from the City Building and Zoning Division or the County Building review and permitting department and violating the applicable building codes or laws of the state, city, or Collier County. Packet Pg. 178 10.A.1 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 charged. Dated: ,zlydl2� Sign Collier County Contractor Licensing Supervisor Packet Pg. 179 Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 34104 Complaint Number- 2020-02 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. Complaint: Please print or type and return signed copies of the complaint. Date: January 22, 2020 Against: Contractor's Name: Erol E. Santos -Juarez Phone: 239-645-8139 Business Name: Kingdom Electric LLC License Number if known: 201500001335, State Registration No.: ER13015132 Contractor's Business Address: 1750 J & C Blvd Suite 4, Naples FL 34109 Filed By: Name: Collier County Contractor Licensing Officer/ Ivan 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 Date of contract: August 8, 2018 Date job started: August 31, 2018 Date job completed or new home occupied: YES Were there plans and specifications? NO Is there a written contract? YES. If yes, amount of Contract: $2,540.00 10.A.1 Packet Pg. 180 10.A.1 Has the Contractor been paid in full? YES Was a Building Permit obtained? NO Was a Building Permit required? YES Building Permit number if known: N/A If not, what amount? Have you communicated by letter with the licensee? YES Date: January 22, 2020, Do you have a reply? N/A Please attach to this form all copies of the purchase agreement, building contract, home improvement contract, copies of receipts and/or canceled checks available and any additional evidence to substantiate your allegations. List any subsections of Section 4 of Collier County Ordinance number 90- 105, as amended, which, in your opinion, have been violated by the contractor which is the subject of this complaint, (list subsection number): 1- Municode Sec. 22-201(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 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- A preliminary complaint was received on January 17, 2020, from Reto Kramer, regarding the installation of electrical service lines for the koi pond project at 9126 The Lane, without the necessary permit. The County's database (CityView Portal) revealed no building permits for the service lines. 2- On January 15, 2020, under oath, Collier County's Chief Building Official, Jonathan Walsh, made a determination before the Contractor's Licensing Board, the electrical work installed and connected at 9126 The Lane required a permit and all the required inspections. 3- Respondent Erol E. Santos -Juarez D/B/A Kingdom Electric LLC entered into a contract with Williams Magical Garden Center & Landscape to provide electrical services for Reto Kramer's koi pond project, for the contract price of $2,540. The subcontracted contract was paid in full. On November 20, 2019, the contract between the two companies was received. The electrical work and lack of a permit caused financial harm to the homeowner. Ivan Afanador State of: Florida County of: Collier Sworn to (or affirmed) and subscribed before me this day of F -e b(UC l 1 �_ 1 2020, �R by 'CLC1 Q (signature of person making statement). Zl� (signature of Notary Public) �r U Print, type or stamp commissioned name of Notary Public: ye�a �Atia e �;GS cYP,..c RAMICHEI ECASM Personally known t,/ _orproduced identificationl os COMMission#GG140208 a Expires August 31, 2021 �OFFl�4 BIXid�d Packet Pg. 181 January 22, 2020 Erol E. Santos -Juarez d/b/a — Kingdom Electric LLC 2336 54"}' Ter SW Naples, FL 34116 RE: Case # CEMIS20200000684 — 9126 The Lane Dear Mr. Santos -Juarez, A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday, February 19th, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section(s) 22-201, (18), the range of disciplinary sanctions which may be imposed are from (1) Revocation, (2) Suspension, and (3) Denial of the issuance or renewal of a Collier County license #201500001335 (Electrical Contr. Registered; (4) A period of probation of reasonable 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 of the 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 of the violation. Sincerely, Ivan A ana or Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-8019 n f 0 Growth Management Division' Planning & Regulation*2800 North Horseshoe Drive*Naples, Florida 34104'239-252-2400*www.toiliergov.r Packet Pg. 182 10.A.1 Co�ie�- County , N N Growth Management Division Planning & Regulation N Operations Department Licensing Section in January 22, 2020 Erol E. Santos -Juarez d/b/a — Kingdom Electric LLC 2336 54"}' Ter SW Naples, FL 34116 RE: Case # CEMIS20200000684 — 9126 The Lane Dear Mr. Santos -Juarez, A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday, February 19th, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section(s) 22-201, (18), the range of disciplinary sanctions which may be imposed are from (1) Revocation, (2) Suspension, and (3) Denial of the issuance or renewal of a Collier County license #201500001335 (Electrical Contr. Registered; (4) A period of probation of reasonable 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 of the 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 of the violation. Sincerely, Ivan A ana or Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-8019 n f 0 Growth Management Division' Planning & Regulation*2800 North Horseshoe Drive*Naples, Florida 34104'239-252-2400*www.toiliergov.r Packet Pg. 182 -f CO tewr C ou"ty Growth Management Department PRELIMINARY COMPLAINT FORM Contractor Licensing 2800 N. Horseshoe Dr. Naples, FL 34104 Phone - 239-252-2431 Fax - 239-252-2469 Please complete this form to the best of your abilities. Also include with this form any documents you would like to be reviewed as evidence for this case. This can include Contracts, Copies of Checks, Permits, Liens, etc. Complainant's Name: �O Date:, Home address: a Street City • • E — • • ft Telephone230(- 24 COMPLAINT INFORMATION: 3y�0 '� Zip Address of Complaint: :2 S' \e.SI.J N���s � L- '-�;A � \ 6 Street City `�� State Zip Company Name: C�►ovh �� L Contractor/Person in Charger t c7,-��C.���� U� cel icense #: Zd1S�� 0\'511S Telephone: 2OJC�J%"As- 061 3!?S _ Date of Contract: COMPLAINT DETAILS (ATTACH ADDITIONAL SHEETS IF NECESSARY C5 v1 SIGNATURE: PRELIMINARY COMPLAINT FORM REV 4/12/18 10.A.1 Packet Pg. 183 Cd*ergov.net Report Title: Code Case Details Date: 1127/2020 1:10:48 PM Case Number: cemis20200000684 Case Number: CEMIS20200000684 Case Type: Misconduct Priority: Normal Inspector: IvanAfanador 10.A.1 Status: Refer to CLB Date & Time Entered: 1/21/2020 9:08:19 AM Entered By: IvanAfanador Case Disposition: Case Pending Jurisdiction: Collier County Origin: Complaint Detail Description: Received a complaint concerning the installation of electrical outlets without a building permit for a koi pond filtration system at 9126 The Lane, Naples FL 34104. Location Comments: 19126 The Lane, Naples FL 34104. Folio: 30780840000 Address9126 The Lane, Naples Property 130780840000 Contractor KINGDOM ELECTRIC INC Property Owner KRAMER, RETO & DOROTHY LOUISE Qualifier SANTOS JUAREZ, EROL E. Business Management & Budget Office 1 N N N O C R U) ui 6 W c O T) 2 N 0 0 N 0 N N N R U rn W) co T" Packet Pg. 184 Code Case Details 10.A.1 Execution Date 1/27/2020 1:10:48 PM Desc Assigned Required Completed Outcome Comments Preliminary Investigation IvanAfanador 1/17/2020 1/21/2020 Needs On 111712020, 1 received a complaint Investigatio concerning the installation of electrical outlets n without a building permit for a koi pond filtration system at 9126 The Lane, Naples FL 34104. Included in the documents are photographs of the work and a copy of the invoice. A meeting was held with the homeowner, Reto Kramer, to discuss the work that was conducted. Needs Investigation. Cont. Investigation IvanAfanador 1/17/2020 1/21/2020 Complete On 111712020, a permit review revealed a permit was never applied for. It should be noted that the electrical outlets were completed and a connection to the electrical panel was made. The contractor proceeded to complete the job without the necessary inspections. Records indicate that Erol E. Santo -Juarez (dba) Kingdom Electric LLC is a Collier County certified electrical contractor. Schedule for CLB IvanAfanador 1/22/2020 1/24/2020 Complete Board is scheduled for February 19, 2020 at 9:00 AM. Notice of Hearing was personally served to Erol E. Santos -Juarez on January 22, 2019. Generate CLB Notice of Hearing IvanAfanador 1/2212020 1124/2020 Complete Board is scheduled for February 19, 2020 at 9:00 AM. Notice of Hearing was personally served to Erol E. Santos -Juarez on January 22, 2019. Investigation IvanAfanador 1/22/2020 1124/2020 Refer to CLB Cont. Investigation IvanAfanador 1/22/2020 1/22/2020 Complete On 1122/2020, a meeting with Erol E. Santo - Juarez was conducted. Mr. Santo -Juarez was shown pictures of the electrical work for the koi pond project and stated he conducted the electrical work and made the connection to the electrical panel. Mr. Santo -Juarez also stated he did not pull the permit because when he inquired about the permit, Dana Torkko stated they JVViIliams Magical Garden and Landscape] would be applying for the permit. He further stated a few days after he completed the electrical work, he asked if the inspections passed and Dana said, everything went okay'. I personally served Mr. Santo -Juarez a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM regarding the violation. Enter Hearing Results IvanAfanador 2/20/2020 Pending Business Management & Budget Office Packet Pg. 185 Code Case Details Execution Date 1/27/2020 1;10:48 PM 10.A.1 Violation Description Status Entered Corrected Amount Comments 4.1 Misconduct-CountylCity Certificate of Competency Open 1/21/2020 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 3 Packet Pg. 186 10.A.1 COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION LCC20150002657 Certification Information Collier County Board of County Commissioners Date: August 12, 2019 DBA: KINGDOM ELECTRIC INC ADDRESS: 1750 J & C BLVD SUITE 4 NAPLES, FL 34109 PHONE: 239-645-8139 CELL: FAX: LICENSEE NBR: LCC20150002657 QUALIFIER: TYPE: CLASS CODE STATE REG NBR: ER13015132 ISSUANCE NBR: STATE REG EXPIRATION: August 31, 2020 INSURANCE: General Liability May 19, 2020 Worker's Camp Exemption April 21, 2020 Worker's Compensation August 05, 2020 SANTOS JUAREZ, EROL E. ELECTRICAL CONTR.-REGISTERED 2000 201500001335 ORIG ISSD: COUNTY EXPIRATION July 10, 2015 September 30, 2020 NOTE: It 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 Marco * City of Naples Contractor Licensing ELECTRICAL CONTR.-REGISTERED Cert Nbr: County Exp: Status: LCC20150002657 September 30, 2020 Active State Reg Nbr: State Reg Exp: ER13015132 August 31, 2020 KINGDOM ELECTRIC INC SANTOS JUAREZ, EROL E. 1750 3 & C BLVD SUITE 4 NAPLES, FL 34109 Signed: N L i N O C U) LLi 6 L W c O N O O N 0 N N N R U rn u� m r r Packet Pg. 187 DBPR - SANTOS-JUAREZ, FROL E; Doing Business As: KINGDOM ELECTRIC INC... Page I 10.A.1 10:37:245 AM 10/28/2019 N Licensee Details Licensee Information Name: SANTOS-JUAREZ, EROL E (Primary Name) KINGDOM ELECTRIC INC (DBA Name) Main Address: 2339 54TH TER SW NAPLES Florida 34116 County: COLLIER License Mailing: LicenseLocation: License Information License Type: Registered Electrical Contractor Rank: Reg Electrical License Number: ER13015132 Status: Current,ACtive Licensure Date: 07/16/2015 Expires: 08/31/2020 Special Qualifications Qualification Effective Collier 07/16/2015 Alternate Names View Related Licen&e Information Vi w Lig&nse Complain 2601 Blair Stone Road. Tallahassee FIL j2M :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released In response to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. https://www.myfloridalicense.comALicenseDetail.asp?SID=&id=4E43A4A77F5BB5FEO... l I Packet Pg. 188 License Application Status - 0tvView Portal u License Application Status Pagel 10.A.1 GMD Public Portal Issuances Type Date Issued Date Expires7Ac tus Number ELECTRICAL CONTR.-REGISTERED 07/10/2015 09/30/2020 ive201500001335 Submittals There are no submittals for this license application. Reviews There are no reviews for this license application. — Insurance Producer I Type —�_ Policy General Liability 100083326005/19/2019 Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. — License Application Summary Umk ACENTRIA INC. fT i{pplication Number: LCC20150002657 Business Name: KINGDOM ELECTRIC INC License Type: Contractor Application Status: Active Description of Business: Business Tax Numb: 150175 Mailing Address: 1750 J & C BLVD SUITE 4 NAPLES FL 34109 Kekingdomelectnc@gmail.com Issuances Type Date Issued Date Expires7Ac tus Number ELECTRICAL CONTR.-REGISTERED 07/10/2015 09/30/2020 ive201500001335 Submittals There are no submittals for this license application. Reviews There are no reviews for this license application. — Insurance Producer I Type —�_ Policy General Liability 100083326005/19/2019 Eltiective Date Expiry Date Umk ACENTRIA INC. fT 05/19/2020 $2,000,000.00 MYERS OFFICE Expiration Processed: No Producer Phone Number: 239-939-1010 SEROL E. SANT Worker s Comp=QUAER) 04/22/2016 04/21/2020 1UAREZ Exemption Expiration Processed: No 3 I ACENTRIA INC. FT Worker's 521-13136 08/05/2019 08/05/2020 MYERS OFFICE Compensation Expiration Processed: No Producer Phone Number: 239-939-1010 http://cvportal.colliergov.net/CityViewWeb/License/Status?licenseld=143729 Q Packet Pg. 189 , l �N Gi41D Operations & Regulatory Management Licensing Section 2800 North Horseshoe Drive Naples, FL 34104 APPLICATION FOR Al COLLIER COUNTY/CITY OF NAPLES/CITY OF MARN Inti' • . f' s FIR NI iINSTRUTIONS: This application must be typewritten or legibly printed. The application fee must be paid upon approval and is not refundable. All checks should be made payable to: Collier County Board of County Commissioners. For further information, consult Collier County Ordinance No. 90-105, as amended. NAME OF COIMTA.NY: rr rr Exact Corporate/Business Name: yin� o C e C't" t LC Fiction Name/ DBA: c Qualifier Name: L r o; E S ay► 'V os Physical Address: - 2 339 S� tb ::)r-qr S uJ f0qpfes FL 3q1 1 6 (Number & Street) (City) (State) : (Zip Code) Mailing Address: 2335 — Sy t'' % a r S'C-i %ye.pba 5 FG 3 y Ij j� (Number & Street) (City) (State) (`Lip Code) Telephone: 2%13 3 '/o `/�S —9/3 E OF LICENSE: General $230.00 Building $230.00 Residential $230.00 Mechanical $230.00 Roofing $230.00 E-mail: �lv/SQr7 �S��y�-,�,,� �' �,•, Specialty Trade: 11( t'� t { _ E; ; 4 4 r.� f �r CHANGE OF STATUS: ( ) Reinstatement ( ) From One Business to Another Page 1 of 4 Electrician $230.00 Plumber $230.00 Air Conditioner $230.00 Swimming Pool $230.00 Specialty $205.00 ( ) Dormant License to Active Packet Pg. 190 10.A.1 A Om CERTIFICATE OF LIABILITY INSURANCE DATE 1MW ODIYYYYI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 815/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate_ Team ACentrla Insurance- Ft. Myers Office PHONE FAX 4091 Colonial Blvd ; 239-939-1010 Arc Nol: 239-939-7172 ADDRE : coifm@acentda.com Fort Myers FL 33966 INSURE S AFFORDING COVERAGE NAIC a _ INSURER A : g siness First Insurance Co. CLAIMS -MADE I ' - I OCCUR INSURED KINGELE-01 INSURER 0: Old Dominion Insurance Co. 40231 Kingdom Electric. Inc. 1750 J & C Blvd Shite 4 INSURER C; James River Ins Co 12203 INS RER 0: Naples FL 34109 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 691105732 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIRLTR TYPE OF INSURANCE ADD SUB POLICY NUMBER MWD, EFF M MOIYYX LIMITS LTR C X COMMERCIAL GENERAL LIABILITY 00083326-1 511902019 511M020 EACH OCCURRENCE $1,000,000 _ CLAIMS -MADE I ' - I OCCUR PR MISES JE8 occurrence 3 50,000 MED EXP (Any one person) S 5,000 PERSONAL 8, ADV INJURY 51,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2.DDD.0D0 X POLICY D PRO JECT LOC PRODUCT$ - CDMwOPACG $2,000.000 OTHER 5 B AUTOMOBILE LIABILITY B1T6688Z 2112!2019 2!12!2020 E® ABI EDtSINGLE LI IT 5 1,000,000 BODILY INJURY (Per person) S X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecddenl) 3 X X NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE 5 Peracc nt PIP $10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS -MADE AGGREGATE S DED I I RETENTION $ S WORKERS COMPENSATION AND ND EMPLOYERS' LIABILITY Y 1 N 521-13138 615!2019 8!512020 H- X STATLITE ER" E_ L. EACH ACCIDENT 5500,000 Y PROPRkETOR1PARTNERIEXECUTIVE EXCLUDED? Y❑ NIA E L DISEASE - EA EMPLOYEE S 50,000 (Mandatory In NH) If yyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I .$500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requlredl Owners/Officers Excluded from Workers Compensation Benefits Erol Santos stn I IrII,A I t 11VLu1=11 CANULLLA HUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COLLIER COUNTY CONTRACTORS LICENSING 2800 N. HORSESHOE DRIVE NAPLES FL 34104 AUTHORIZED REPRESENTATIVE Tyrsts-ZUT4 ACUKD CORPORATION. All rights reserved ACORD 25 {2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 191 10.A.1 Name: RETO KRAMER Address: 9126 THE LANE Email: retokramer@gmail.com City, St, Zip NAPLES, FL 34109 ~ Date of job: AUGUST 13, 2018 Phone 239-248-6315 • Summit by Emali : Print Form 1717 PINE RIDGE ROAD • NAPLES, FLORIDA 34109 • 239-597-4414 o Fax 239-597-7044 WORKING AGREEMENT hereby contract with Williams Magical Garden Center & Landscape (WMG) to perform services, as detailed below. In exchange for these services, I agree to pay (WMG) $52,000.00 according to the following payment schedule at the bottom of this agreement. JOB DESCRIPTION: Description of work: Landsca e 0 Irrigatiort Tree D Pest D landscape Design p WILLIAMS MAGICAL WILL COMPLETE THE FOLLOWING: 1.) INSTALL KOI POND PER THE ATTACHED DRAWING 20X35 r N a.) parts and plant list is attached b.) Monet Bridge 4'x8' (I) ca U c.) Boulders will be mixed smooth browns, grays with some whiteLO ca d.) Bond Beam will be install e.) Electric and Plumbing 77 f.) 4 Bottom drains (2) with aerated and (2) non-aerated bottom drain J g.) (2) Auto fills h.) (4) small PT boxes in the back of pond .2 - i.) (2) Life Support Stations j.) rock bridge on the right side of the pond U 2.) INSTALL PAVER WALK PATH TO THE BRIDGE AND SMALL SITTING AREA ONLY (OTHER IS ROCK) w 3.) INSTALL RAISED PAVER PATIO 14x14 PER THE DRAWING E o 4.) INSTALL TREMRON BUILT IN BENCH PER THE DRAWING 0 1 5.) INSTALL FIRE PIT (NOT GAS) N� m 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 N 0 8.) INSTALL VERTICAL AQUAPONIC BED - WITH TRELLIS ABOVE WITH QUEENS WREATH INSTALLED 9.) INSTALL KOI CLEAR LOOK OUT IN POND 10) (15) LED Lights and (1) Transformer rn ai I expect these services to begin no sooner thank/13/- -- or later thanI am L w aware that more detailed information regarding this contract for services is printed on the reverse side of this contract. �l I agree to pay NUMG1 according to the following pay dufe: U DOWN PAYMENT 26,000 U I TERIM PAYMENT 13,000 N I have read and accept all of the Terms and Co offs. initials 0(* nwlr nw ON TPIF Kali � — 13,000 I1 N •R Ni 1 f mptf Tf n M N:NE(M(ItiTi 2,0 JOB TOTAL 52,000 O D In the event this proposal is for a desig will apply: I expect to pay an eamest money payment of o N N S Ifor this proposal on receipt of this design. I understand I have the right to: a. ontract (WMQ to perform landscaping services as proposed, against which my eamest money ami payment will apply. E b.) Not contract IWMG's) services and own all parts of the proposal for an additional U DATE: 08!07/20 8 DATE: Q (WMU Signature Client Signatur _ Packet Pg. 192 Williams Magical Garden Center & Landscape, Inc. 1717 Pine Ridge Road Naples, FL 34109 Vendor Kingdom Electric Inc. 2339 54th Ter SW Naples, FL 34116 Expenses 10.A.1 Dale'—" Ref. No. 10/01/2018 1489 N d Bill Due 10/11/2018 Terms Memo Account Memo Amount Customer:Job Class Subcontracted Services electric 2,540.00 Kramer, Reto:08-13-2018 Landscape Landscape Expense Total : 2,540.00 Bill Total : $2,540.00 Packet Pg. 193 10.A.1 .%-. %M./ aNi [A] 105.1 Required Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing to system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building ofcial and obtain the required permit fA [A] 105.1.1 Annual facility permit In lieu of an individual permitfor each olterationto an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building ofcialis authorized to issue an annual permirfor any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary, An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. [A] 105.1.2 Annual permit records The person to whom an annual permitis issued shall keep a detailed record of alterations made under such annual permit The building officialshall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit In accordance with Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health, Packet Pg. 194 10.A.1 Collier County, FL Code of C lances Page 1 of Sec. 22-201. - Misconduct—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. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. (2) Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. (3) Abandoning a construction project in which he/she is engaged or under contract as a contractor, A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the Packet Pg. 195 Collier County, FL Code of C lances Page 2ZHE] 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. (S) Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. (b) 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 circumstances: 1. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; 2. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of .,"--f -1.1.,.,1, Packet Pg. 196 1 117E/7(119 Collier County, FL Code of O*mow iances 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; 10.A.1 Page 3 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. 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 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 Packet Pg. 197 Collier County, FL Code of CNNW,iances Page 4 10.A.1 by the Contractors' Licensing Board, or its designee. (13) t=ailing 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. (15) Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. (16) Allowing another to take a qualifying examination on the applicant's behalf. (17) Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County. (18) 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 qualifying agent for a business entity engaging in contracting. (20) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a 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. §§ 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) Packet Pg. 198 I 9 V R 0 C m uj LU F—Packet Pg. 200 F6 - 010 klkw v TV 09 January 15, 2020 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD January 15, 2020 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," 3`d 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 Patrick G. White ALSO PRESENT: Michael Ossorio — Director, Code Enforcement Jonathan Walsh — Chief Building Official Kevin Noell, Esq. — Assistant Collier County Attorney Jed Schneck, Esq. — Attorney for the Contractors' Licensing Board Ruben Martinez — Contractors' Licensing Compliance Officer 10.A.1 Packet Pg. 206 10.A.1 January 15, 2020 N N L Chairman Lantz: Are there any other questions for Mr. Kramer? N 0 c Assistant County Attorney Noell: The County calls Mr. Walsh. Cn Patrick White: Mr. Noell, are you going to want to proffer in any regard Mr. umi Walsh's Expert Witness status, or not? o Assistant County Attorney Noell: Probably not — I'll probably just do it through w direct questions. Patrick White: Fair enough. Examination of the Countv's Witness by Assistant Countv Attornev Noell: Q. Sir, please state your name for the record. A. Jonathan Walsh. Q. And, sir, how are you employed? A. I work for Collier County as the Chief Building Official. Q. And what are you duties as the Chief Building Official? A. To enforce and oversee the application of the Florida Building Code. Q. Is it part of your responsibility to determine whether certain areas of work or types of work require permits? A. Yes. Q. Did you do that in this case? A. Prior to or after construction? Q. At any time. A. Yes. Q. Okay. What is your educational background? Could you let us know what degrees you have and where you have these degrees? A. I am a graduate of Manhattan College in New York with a degree in Civil Engineering. I am licensed in the State of New York and in the State of Florida as a Professional Engineer. I am Plan Reviewer, Inspector, and Building Official for the State of Florida. Q. How long have you been a Professional Engineer? A. Since 2005. How long have you held the current position that you hold as the Chief Building Official? A. 2013, 1 believe. Q. I don't believe that in the quasi-judicial court I need to tender him as an Expert. Sir, what all did you review in coming to your conclusion on whether a permit and what type of permit was needed for this work? A. It was first brought to my attention as a Code Enforcement case and 1 made a determination — I believe sometime in October 2019, at one of our weekly hearings — I made a notation either on a picture or on one of their forms that a permit was required. After that, there were further discussions with County Staff. I sent my Chiefs to walk the site and I think an Inspector or Plan Reviewer also attended. Unfortunately, my schedule didn't permit me to inspect the job site. They returned with very clear opinions about what had been done — supported by pictures — and my decision was based that information. 22 Packet Pg. 207 January 15, 2020 Patrick White: Mr. Walsh, you said "hearings" earlier — did you mean "meetings?" Jonathan Walsh: Sorry, yes ... meetings with Staff. Patrick White: Thank you. Q. And based upon your meetings with Staff and your review of the photographs and your knowledge of the Florida Building Code, what was your opinion regarding what type of permit were needed for this work to be performed? A. I believed a as an end-all/catch all, a General Building Permit was necessary, and it could incorporate the electrical and plumbing aspects. Q. What about the nature of the electrical would require a permit? A. There were obviously pumps which you could see in the photographs and there were lights —there were electrical components that were to be powered somehow — either by the extension of an existing service or by some sort of power brought out to those devices, and that would require a permit. Q. As far as the plumbing, you heard testimony that the line ... the PVC line ... was connected to a potable water line, is that correct? A. That would require a permit, yes. Q. Okay. In addition, the electrical work and the plumbing work that was performed, is it your opinion that it would require a licensed electrician to perform the electrical work and a licensed plumber to perform the plumbing work? A. Yes, it would. Assistant County Attorney Noell: I have no other questions. Cross -Examination of the County's Witness by Respondent's Attorney: Q. Mr. Walsh, when you said a General Building Permit would be needed, what it is that triggers off that necessity? A. There are multiple trades involved in this project. You have landscape, a trellis aspect, there are patios, plumbing work, electrical work — we don't allow sub permits to be pulled in a scope of work like this. So — if it was for a pool, for example, you would need a general pool permit which would incorporate the plumbing and the electrical work in it. It could also include footings or a trellis that was attached to it or a shelf or something in the construction of the pool — but it would not include the pool barrier or a screened enclosure and things of that nature. So, in this specific case for this pond, you could incorporate all of that into one General Building Permit. Q. But it's not a pool, though? A. Right, this is not a pool — this is a pond. Q. And typically, or isn't it true that typically, these kinds of projects do not require a permit? A. I'm sorry, I didn't hear you. Q. Isn't it true that typically these kinds of projects do not require a building permit? Let's take out the electrical and plumbing. If there's no electrical and no plumbing, would a permit be required for something like this? 23 10.A.1 Packet Pg. 208 10.B 02/19/2020 COLLIER COUNTY Contractor Licensing Board Item Number: 10.B Item Summary: Case 2020 - 03 - Misconduct - Matthew M. Foster - Fosters Air Supplies & Technical Services 1NC Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 11:13 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 11:13 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending Completed 02/11/2020 11:14 AM Completed 02/11/2020 4:48 PM Completed 02/12/2020 3:43 PM 02/19/2020 9:00 AM Packet Pg. 209 10.6.1 BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, V. Case No: 2020-03 MATTHEW M. FOSTER, License No.: CAC 1818724 FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC. D/B/A FAST AC SWFL Respondent. ADMINISTRATIVE COMPLAINT Collier County (County) files the Administrative Complaint against Matthew M. Foster, Fosters Air Supplies & Technical Services, Inc. a State Certified Air Conditioning Contractor (License No. CAC 1818724), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently the Certificate Holder by the State of Florida as a Certified Air Conditioning Contractor (License No. CAC 1818724). 2. The Respondent, Matthew M. Foster is currently the Certificate Holder and Qualifier of record for the companies Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL, and Healthier Homes Solutions LLC. 3. On September 27, 2016, the certificate holder pursuant to Florida Statutes 489.113, (4)(a), submitted his current Certificate to the Collier County Licensing Section. 4. Under the provisions of Chapter 489, Florida Statutes and Collier County Ordinance, Municode Sec. 22-202, the Collier County Contractors' Licensing Board (Board) are authorized to impose penalties against a holder of a State Certified Contractor. 5. On December 4, 2019, Pursuant to Municode Sec. 22-202, a preliminary complaint on Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL was received. The complaintant, Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL., was concerned that they would not be able to sell his home due to the numerous failed inspections of the newly installed air conditioning equipment by (Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL), the status of permit PRHV20170518428, is currently void. Mr. Van Marum has made full payment. 6. The Collier County's database (CityView Portal) revealed that Matthew M. Foster, the Respondent of Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL, applied for permit PRHV20170518428 on May 12, 2017, for the address of 4600 25th Ct. SW, Naples, FL. The permit was issued on May 18, 2017. The subsequent seven inspections failed on these dates: May 25, 2017, May 30, 2017, July 6, 2017, July 12, 2017, Packet Pg. 210 10.B.1 July 28, 2017, Sep S, 2017, Nov 9. 2017 and an "Extension of Re -Activation". was approved on or about December 1, 2017. The permit void. 7. On December 11, 2019, Respondent Matthew M. Foster, and Manager Kevin Dendal l of Fosters Air Supplies & Technical Services, Inc., D/B/A FAST AC SWFL, were both personally advised of the code violations and the voided permit at 4600 25th Ct. SW, Naples, FL. Respondent Matthew M. Foster was instructed to re -activate the permit by December 17, 2019. Respondent Matthew M. Foster was told that failure to correct the code violations may result in a hearing before the Collier County Licensing Board for a willful code violation. 8. January 14, 2020, permit PRHV20170518428 remains void. The property owner, Wiebe Van Marum was contacted and advised of the permit status. Wiebe Van Marum has had no contact with the Respondent Matthew M. Foster of Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWF. 9. On January 14, 2020, the Collier County's database (CityView Portal) search revealed that 34 days has passed and no action has been taken on permit PRHV20170518428. Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2020, at 9:00 AM for misconduct. Certified Mail (tracking #7005 1160 0000 3802 5763) to Certificate Holder's business address located in CityView for Respondent, Mathew M. Foster's new business. a. On January 16, 2020, Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The Notice of Hearing was hand - delivered to Respondent Matthew M. Foster's business of record located at 4400 Cleveland Ave., Ft. Myers, FL (Certificate address from DBPR), The Notice of Hearing was accepted by "Elijah" (employee) and Tony Savo (Scheduling Manager) who stated he would advise the Respondent, Matthew M. Foster. The employees were aware of this issue in Collier County. b. January 17, 2020, Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The Notice of Hearing was sent to 4400 Cleveland Ave., Ft. Myers, FL., (Certificate address from DBPR) by USPS Certified Mail (tracking #7005 1160 0000 3802 5763) to the Certificate Holder's business of record for Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. 10. Thereafter, pursuant to Florida Statutes Chapter 489, and Collier County Municode Sec. 22- 202, the Contractors' Licensing Supervisor determined sufficient cause exists to warrant the filing of formal charges. 11. The County now brings the following count in this Administrative Complaint against the Respondent: Packet Pg. 211 10.6.1 COUNT A. January 27, 2020, 47 days have passed since the Respondent, Matthew M. Foster, was instructed and advised of the code violations located at Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL. After numerous phone calls, e-mails, and certified mailings the permit remains void. No attempt was made to correct the violations. B. Chief Building Official Jonathan Walsh reviewed the preliminary complaint from Wiebe Van Marum and agrees that the respondent deliberately failed to correct the code violations, constitutes a willful code violation. C. Collier County Municode Sec. 22-201.1 (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Municode Sec. 22-201.1: and WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violation charged. Dated: Z&2 Signed: Collier County Contractors' Licensing Supervisor Packet Pg. 212 Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 34104 Complaint Number- 2020-03 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. Complaint: Please print or type and return signed copies of the complaint. Date: January 29, 2020 Against: Contractor's Name: Matthew M. Foster Phone: 239-207-7341 Business Name: Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL License Number if known: CAC1818724 Collier County Competency number: #201600000793 (A/C Class B -Certified.) Contractor's Business Address: 4400 Cleveland Ave. Ft. Myers FI. 33901 Filed By: Name: Collier County Contractor Licensing Officer/ Walter Siegel Address: 2800 N. Horseshoe Dr., Naples, FL 34104 Business Phone: 239-252-2468 Address where work is done: 4600 25th Ct. SW City: Naples County: Collier Date of contract: 04/07/2017 Date job started: April 7, 2017 Date job completed or new home occupied: UNKNOWN Were there plans and specifications? YES 10.6.1 Packet Pg. 213 Is there a written contract? YES. If yes, amount of Contract: $4350.00 (Original) Has the Contractor been paid in full? YES If not, what amount? Was a Building Permit obtained? YES Was a Building Permit required? YES Building Permit number if known: PRHV20170518428 Have you communicated by letter with the licensee? YES Date: January 16, 2020 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- 105, as amended, which, in your opinion, have been violated by the contractor which is the subject of this complaint, (list subsection number): 1- Collier County Municode Sec. 22-201.1 (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: A. January 27, 2020, 47 days have passed since the Respondent, Matthew M. Foster, was instructed and advised of the code violations located at Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL. After numerous phone calls, e-mails, and certified mailings the permit remains expired. No attempt was made to correct the violations. B. Chief Building Official Jonathan Walsh reviewed the preliminary complaint from Wiebe Van Marum and agrees that the respondent deliberately failed to correct the code violations, constitutes a willful code violation. Walter Siegel State of: Florida County of: Collier Sworn to (or affirmed) and subscribed before me this - day of�, 2020, by Wa 4& - � i. eco (signature of person making statement). (signature of Notary Public) f Print, type or stamp commissioned name of Notary Public. �_t Personally known / �p/lY 1 or produced identification ;''� ''For sto°`o 10.6.1 VERA MICHELLE CUTO Commission # GG 140201 Expires August 31, 2021 Bonded ihw BudgAft" SWAM Packet Pg. 214 10.6.1 contractor licensing CO�e-r' G�uH.Cy 2800 N. Horseshoe pr. DEC — J Naples, FL 34104 Growth Management Department Zt� Phone - 239-252-2431 N Fax - 239-252-2469 0 LL PRELIMINARY COMPLAINT FORM Please complete this form to the best of your abilities. Also include with this form any documents you would like to be reviewed as evidence for this case. This can include Contracts, Copies of Checks, Permits, Liens. etc. Complainant's Name: W }F b -E I U -'W In " L) #1 _ Date: /a,, 031 ai Home address .4 o O S 24 C� S L✓ Street Email: W 1 V U Telephone: O ! d COMPLAINT INFORMATION: Address of Complaint:-%J� City m City state Zip _ 3y1 1V2 Stale Zip Company Name: S L Et + 9C A c Contractor/Person in Charge. Telephone. License #: L S Date of Contract:Sr 2O 16 COMPLAINT DETAILS ATTACH ADDITIONAL SHEETS IF NECESSARY 7�CT/oWo .? %2 C A F 6 SEN o•� �o � alv� Ro.6L.c_-rn . SIGNATURE:— PRELIMINARY COMPLAINT FORM REV 4/12/18 Packet Pg. 215 Im C.D 7er COUnty Growth Management Department Operations & Regulatory Management Division �G,goration & ReguiatorN 1-lanagement/t.icensing Section St? L' State Certified Voluntary Registration Form 10.6.1 Instructions: The registration fee of h.ta.(lu must accompany this application. The fee is not refundable after the application has been accepted and entered on the records. All checks should be made payable to the "Board of Collier County Commissioners". Name of License Holder: �054<A- Mr, 14 hejLJ m Last First MI Home Address: - rr0.Yi Home Phone:,3� Street: Apt #: M U City: INJL a,( Io4 State: F j Zip Code: 3`+I 1 rc)c s U Email: SLA l rc � . 06 Name of Company: CLIS lo Nor 1 ,t.ni ayi ,. a L Business Phone: 9- 74 Mobile Phone: Fax: 93G 035 I N L Mailing Address: S[)tsLur_1tai i(�. State bcenseNumber: CMC 1% IS `DL4 N 0 u_ I Street: Apt #: w City: (70 f- rn�AefS State: F I Zip Code: 33405 LL 3 as Physical Address (J different from mailing address): r ca Street: Apt #: U 3 City: State: Zip Code: a U N_ M License Holder's Signature: q r� C U E s c� Q Packet Pg. 216 Contractor Licensing Cr0 -Jer C,'0141Ity 2800 N. Horseshoe Dr Growth Management Department Naples, FL 34104 Phone - 239-252-2431 Fax -239-252-2469 COLLIER COUNTY 2018 — 2020 LICENSE RENEWAL —STATE. CERTIFIED Please complete the following information to renew your Certificate of Competency with Collier County for 2018 - 2020. Please update any information as necessary for us to add to the system. 1?1�ometh!ng has changed, please make sure to update our information. License Hotder: M. Last Mame First Name Mi Horne Address S4 J o 6_r(o f t -Nic. Not kaf" 0�, IF _ 3 4 1 Lt �- SLeel City state Zip E-mail address: " �--zr (� .S+a t (SWS �,c U +M Driver's License # (Last 4 only): 1D a c) Date of Birth, Crp zgj State License # L Iq C, 1.67? (;- q_ r ` Name of Company: ���I;�s �oIG4� L}tCej iC D.B.A Mailing Address: HOC) C) �e e-1CA 4je. F�'�h w I FC -�!XIy f Street city Slate Zip Business phone: 2,35- 3CD2'60`7{ _Cell: Fax: 73-2 ` 333-1.31 E-mail address: License Holder's Signature: Page 2of2 RENEWAL -STATE CERTIFIED 2028- 2020 10.6.1 L N O LL Packet Pg. 217 DBPR - FOSTER, MATTHEvv MICHAEL; Doing Business As: FAS1 AC SWFL, Certi Licensee Details Licensee Information Name: FOSTER, MATTHEW MICHAEL (Primary Name) FAST AC SWFL (DBA Name) Main Address: 5438 FERRARI AVE AVE MARIA Florida 34142 County: COLLIER License Mailing: License Location: 4400 CLEVELAND AVENUE FORT MYERS FL 33901 County: LEE License Information License Type: Certified Air Conditioning Contractor Rank: Cert Air License Number: CACIS18724 status: Current,Active Licensure Date: 08/05/2016 Expires; 08/31/2020 Special Qualifications Qualification Effective Class B 08/05/2016 Construction Business 08/05/2016 Alternate Names View Related License L[i Qrmation View License Com lai 10.6.1 Page 1 of I 2:24.48 AM 12)312019 2601 Blair Stone Road. Tallahassee FL 32392, :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. tate of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not Send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850,487.1395. "Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one, The emads. provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. https://www.my#loridalicense.com/LicenseDetail.asp?SID=&id=E541B4CF9821ADBAOB... packet Pg. 218 RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY dba STATEOF FLORIDA DEPARTMENT OF BUSINEn-A FESSIONAL REGULATION k CONSTRUCT- ". V G BOARD -a s THE CLASS B AIR CON t, 2 m rljgERTIFIED UNDER THE PROVI 48F T UES F L FOS - 'INC. i 1J` ,I -.�- .�1 � •� � _moi EXPIRATI 4.iTi C !`31, 2020 Always verify licenses online at MyFloridal_icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Packet Pg. 219 RICK SCOTT, GOVERNOR _ICEMSE MUMMER KEN LAWSON, SEC 10.8.1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD I he CLASS B AIR CONDITIONING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS Expiration date AUG 31 2018 FOSTER, MATTHEW MICHAEL FOSTERS AIR SUPPLIES & TECHNICAL SERVICES. INC 5438 FERRARI AVE AVE MARIA FL 34142 ISSUED 0815722016 DISPLAY AS REQUIRED BY LAW L jiiiLA, 42) ~ O a. _ia- LL 4ti . -AMIMES d 0 N SE Q * L16DB070000416 N .E a� H 06 w a1 Q a rn L Q N L d 0 LL I L N O u- 3: CD I c 0 u w M O O N O N w C d E t U Q Packet Pg. 220 10.6.1 ACORO® 7098 IMMODNYYY) �� CERTIFICATE OF LIABILITY INSURANCE /02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. TI41' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed H SUBROGATION 13 WAIVED, Subject to the terms and conditions of the policy, certain policies may requlrs an endorsement. A statement on this certificate does not confer flithts to the certificale holder In lieu of such endorsement(s). PRODUCER CONTACT Smith Insurance c Bonds .14ANFE _ _ Matthew T Smith 2039 N. rirst Street =w 866 976-2185 FAQ �; 239 791-1074 Suite 7 E -"L sort "rs FL 33901 ADDRESSF Mani th@ fl sure tybwnds.cock_ INSLL • AFFORDING COVERAGE NAIL!_ _ _ LM94JREM A; Frank Kinston Crum Insurance 111600 INSURED 0301 3ez-Oo7a Fosters Air Supplies i Technical SarviCea, INSURER D:1lasaeiatad Industciaa Insurance 23140 Inc. NIIIIJAERC, 4400 Cleveland Ave. INWRER0: Fort Myers FL 33401 01SUR8R E c INSURM F- COVFRAGFS CERTIFICATE NUMBER- Cert zD 562 Rr-VICIAN NtIAAkCp- THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INAR LingYHE OF INWJRAkCE A 9 PO Y HUMaBR POLICY EF LIMITS A X COMAlJtCVLQ&NERALLM&LiTY CutwSMADE X❑OCCUR GILFL11275302 08/11/201806/1112019 EACH OCCURRENCE 1 1,000,000 DAMAGE iURENTED p MISER(EN 000 me f 100,000 MED EXP one ereon) s 5,000 PERSONAL iADVINJURY 6 1,000,000 GEML AGGREGATE pL�OpNT APPLES PER X POLICY ALT FILOC OTHER 0FNER11LAOGREGATE s 2,000,000 PRODUCTS . COMPADP AGG s 2 000 000 s AUTOM0GXf LIABILITYI r ANY AUTO . OWNED 8CHEOULED AUTOS ONLY AUTOS HIRED NON-0W"IED AUTOS OdLY AUTOS ON:Y I NEO NULL LIMI r s DODLY IMMY (Per P.)s 0O j 9RY ttrla,IRV tear eoetlant) i PR s s IISLIAaOCCUR axons LW CLC'A= 4ADE I EACHOCORUIENCE s AGGREGATE 6 DED FZ kI'm 0N S 8 1.0 WORKERS COMPENSATION AND SINKOYERa'LLARMTTY YIN ANYPROPRIETORIPARTNMEXECUTNE OFFICEWMEMB£REXCLUDED7 )g (Mandatory in PK If yyss�, daecrbe under RIPTON OF DREAATIONS below NIA AKIC1110"If '07/01/2018 07/01/20 19 QTK- X 8T TU E.L EACH ACCIDENT s 1 000 000 E.L. Dt8EA8E • EA EMPLOYEE s 1,000, 000 E.L. CKSEA3E - POLICY LIMB 2,000,000 i f DESCRIPTION OF OPERATIONS I LOCATIOIIS I VEHICLES 4ACORD I01, Addidenel Romecke Seheluh, may Iaa attaehad N meie apace la rapu4rapl LICK I Ir Collier County 2800 N. Horseshoe, Dr. Naples rL 34104 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRFOREPRE8ENTATIVF J4 zz ®1988-2015 ACORD CORPORATION_ All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD nce of 1 Packet Pg. 221 "AgTAC �� r� r �� � m � `+rte' ��r FelrfsNsurplYwi7�drsalSurl[s�we 5011 Luckett Road #2 Fort Myers, FL 33905 239-362-0074 office@fastairswfl.com Uc # CACIS18724 ' E D Package Ai Horizontal Make f1 I. I _�if 11^ t 1 Age— � , Tonage_ Modet Serial EVAPORATOR Blower Motor Horsepower_° • , f F.L.A, � � Amnnra i r Oiled Motor Searing Condition "r Sett Condition_ 14 EVAPORATOR COIL Temp Drop Across Coil f Cleaned , - Needs Cleaned J =` -1 Condition DRAIN LINE Referred By PVCJ', > Condensate Pump" Cleanout Installed t i U Drain Line Cleaned c� — Tip ELECTRIC HEAT Size ? watts Strip tin amps Strip #2 amps Strip #3 amps Elements Fuses Relays Controls,_ _ Name Address City Phone No. PMA Customer I us Q Y U Yes - a No I Months Inull "'N 111 a 01.11 tm Meat Pump ❑ Straight Cool Make f r '��� rS- ABef. r, TO rage F.. r ivtodei Serial = CONDENSER Heat Pressure Z Suction Pump , r • e-. - OutdoorTemp 7 —11 �![I:t1iV Adjust Charge 14 Added itis. oz. Recovered lbs, oz. COMPRESSOR ELA f 1 Artini P5 Hard Start kit Installed: ' FAN F.L.A J Amps / r' OtledMotor Motor Condition r t ``. r G, Horsepower CONDENSER COIL Cleaned k F Condition)C r 7 CONTROLS Contractor Points Relays Capacitors C;iL Outer . -.. Refrigerant Leaks Observed: U Yes - Q No Location: Leak Search/ Leak Repair. Accept Decline Must be initialed by Homeowner Professional ItecornmendatlURs : 103.1 J3LC , 1 I am fully aware of the recommendations made by my Service Technician today and would like to Accept Decline repairs. Type of Payment U Cash U Charge ❑ Check Cjc A MC / Visa / AMEX i Discover. * ! Exp. Date Name on Card Billing 7lp pro t1 UPGRADES & REPAIRS Referred By state,.- Tip 5ubiPark CL s w Coverage Date Maintenance inspection 7 Q from to it _ of O Heat Pump O U Straight Cool N Make Age Tonage _ M viP�u+r e O Serial ' 0 N 0 N Cleaned Type — to TOTAL Replaced Size U LL PMA DISCOUNT O O TOTAL INVESTMENT Balanced I_J! 1 t t Calibrated i `r / r ESUMATED EXISTING SUR AUTHORIZATION Volts x Amps _ _ = watts V 3 � C r .i I am fully aware of the recommendations made by my Service Technician today and would like to Accept Decline repairs. Type of Payment U Cash U Charge ❑ Check Cjc A MC / Visa / AMEX i Discover. * ! Exp. Date Name on Card Billing 7lp pro t1 UPGRADES & REPAIRS «s m CL t. A t r Q L N O LL LI d TOTAL rn O LL PMA DISCOUNT 3 d TOTAL INVESTMENT AUTHORIZATION I have authority to authorize the work outlined above. V 3 C Customers Signature hate V N AA work outlined las been satisUctonly performed. It is 2 agreed that FAST AC SWFL shall retain title to any r equipment or material that may be fumWmd until final M •c�w 3 F.s7•'•�- s I�ic-c:3 —E. If -'t: n': Trio: c- wi na, mac:, wAC O FAST SWFL shall hun the right to remove and will be held harmless for any O N equipment or material damages rewlting from the removal thereof. i have read and N fully agree to the terms on the reverse side of this form. i C d Custnmery$ignature Date v Payment Is due upon services rendered. is: R Q Packet Pg. 222 1 r IVrp �[_ AC rA� F.A. Air Sup¢I� i T.d.�kH Sr�we� J,re f you "re HOT, think FAST? NAME ��` L _ �` �' r 11 c: i ' • i1�7 ADDRESS CITY/STATE/ZIP PHONE EMAIL e 1; c t V1 c AIR_ HAND CONDENSER PACKAGE UNIT HEAT Make i r" i c. ► ; . G: , r F Make Make 1` ,' Size r" } Size Size BREAKER SIZE SEER SEER SEER ` wnri7_ Vert" Hnri7. Vert. Horiz. Vert. PRODUCTION VALID TIL: i LEE: (239) 362-0074 CHARLOTTE: (941) 218-0067 w\ w 059 FAX. 123y� civ-U-0a�7 office@fastairswfl.com LIC# CAC -1818724 5011 Luckett Rd #2, Ft. Myers 33405 PAYMENT METHOD 10.6.1 Foundation Slab HEAT RECOVERY UNIT LINE SET THERMOSTAT Vibration Pads Reconnect Existing Reconnect Existing Ecol}ee3 Emergency Dralrl rr3I1 Float Switch Hurricane Straps Disconnect Switch Denumidistat X Adapt Supply Plenum Adapt Return Plenum Balance Air Flow New Plenums AIR DISTRIBUTION X UV Purifier System Air Cleaner System Duct Cleaning X Sanitizing Air Handler Platform Replace Duct Work Condenser Piatform -i Crane / Rooftop Pkg. Unit Platform # of Returns Add'I Runs WARRANTIES Labor Warranty: J Part Warranty: Coil Warranty: Compressor Warranty: ^ Preventative Maintenance Agreement: ADDITIONAL. - i • We hereby propose to complete all work specified above for the following amount Less PPL Rebate: C Discount: $ Office & Permitting: $ Net Investment: $ ' ' C The above prices, specifications, and conditions are satisfactory and are accepted. You are autho- rized to perform the work as specified. Payment will be made as outlined. By e -Signing, you agree to all the terms here and on the applicable invoice. m N 0 r 0 0 N 2 M O 0 N O N to U 0 to m -3 Document Version: Packet Pg. 223 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRHV2017051842801 P MIT TYPE; HV ISSUED: BY: APPLIED DATE: 05-12-17 MASTER # 9 - QA -JOB ADDRESS: 4600 25th CT SW JOB DESCRIPTION: a/c change out air handler to 3 ton 15 seer 5 kw JQB PHQNE: 4600 25TH CT SW SUBDIVISION #: FLOOD MAP: FOLIO #: 35994720005 OWNER INFORMATION: VAN MARUM, WIEBE & BEVERLY 4600 25TH CT SW NAPLES, FL 34116 - FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: $4,000.00 BLOCK: ZONE: ELEVATLON: S ECTION-TO WNSHIP-RANGE: 27-49-26 CONTRACTOR INFORMATION: APPROVAL DATE: 05-15-17 FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC. 5438 FERRARI AVE AVE MARIA, FL 34142 CERTIFJCATE_#: INOUCGNsrW> PHONE: TOTAL RES SOFT- 0 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: SEWER: WATER: CONTACT NAME: CONTACT PHONE: LOT: 10.B.1 Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipuiations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed cwntmctor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this properh that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. as 0 U - Packet Pg. 224 COLLIER COUNTY BUILDING PERMIT APPLICATION Growth Management Department 12800 N. Horseshoe Drive, Naples, Florida 34104 TEL: 239-252-2400 Plea, e�plans with the plain side out. Ensure documents are stapled inside each set of1p ans. o U- M, Residential 1 or 2 Units (Single Family/Duplex) ❑ Residential or more Units (Multi -family) ❑Commercial Permit No. Master Permit No. Nov. 1, 2014—PMR Date: Days Review: # Set of Plans: 3 a Packet Pg. 225 Parcel/Folio: 359964720005 ✓❑Contractor Design Professional Owner Builder [:]Design❑ Job Address: 4600 25TH CT SW 0 license# State Cert.,Reg.- Prefix: tae #: 1818724 Owner's Phone No.: 239-280-6262 iFoster's Company Name: Air Supplies 8 Technical Services, Inc. o Owner's Name: Wiebe Van Marum Qualifier/Professional Name: Matthew M Foster j < Lot:Block: Unit: 5 Contact Name; Matthew Foster .a Subdivision: 0 Address: 4400 S. Cleveland Ave City Ft Myers State: FI Zip: 33901 O Township: Range: Section:'dFd.� FEMA: BFE: Flood Zone: F Phone 239-362-0074 F,:239-362-1503 SDP/PL:E-mail z, p Address: p ermits fastairswfl.com Code Case: COA: []Alteration ✓❑Mechanical QClean Agent System []LP Gas BConvenience Boot: Demo Mobile Home BNew Construction ❑ Fire Alarmre-Engineered Alarm Monitoring Fire Suppression y! F" ❑Fie RDoor[Window lectric/Low Voltage lumbing, Pool �+ Fire Pumps Fire Sprinkler System []Standpipes Spray Booths ❑ Electric from House Re-roaf W Fossil Fuel Storage System Tents C Fence eGas Screen Enclosure Shutter a, ❑ Hoods D Underground Fire Lines pW. ❑Marine []Sign/Flagpole OTHER ❑Saler ❑ Private Provider ❑ Plumbing z []Non -sprinkled ❑sprinkled O ❑ Roofing 0 Electrical M E 0 Septic C3 Low Voltage ;W [:1 1A �� 0 r7Shutters ❑ Mechanical F^ ❑DIA ❑IIIB QIVA []IVB ❑ Pemut by Affidavit ❑ VA ❑VB U U Occupancy Classification(s): Deserlptlon of Worica/c change out air handler 3 ton s h-1 E Project Name: Van Marum4000.00 Declared Value $: O NEW CONSTRUCTION/ADDITION AREA ALTERATION WORK AREA - W. FT. z Hannlicable: rlStories/'Floors:_ #Units. ii;ons. U # Bedrooms: #Baths: RESIDENTIAL: Living: Non -living; PC4 RESIDENTIAL: Living: Ncn-living: Total sq. ft- TOTAL SQ. FT.: e4 COMMERCIAL: COMMERCIAL: Interior: __ EXterloC: #Fixtures:- _ Interior: Exterior: Total: TOTAL SQ. Fr.: SEWAGE: rA ❑ Septic ❑ Ave Maria ❑City o f \aples ❑ Collier County ❑ Golden Cate City ❑ lmmokalee [] Orange Tree ❑ (Mier WATER SUPPLY: Well ❑ Ave Maria City ofNap.es 0 Collier County ❑ Golden Gate City 0 Lmmokalee Orange Tree ❑Other Application/Plans Discrepancies — Customer Acknowledgement of possible rejection for the following missed information: 1. Square tootage discrepancies 2. Occupancy Class iftcation/Construction type not provided 3. Required documents not certified 4. Incomplete Plan Sets or Drawings 5. Sets not identical Nov. 1, 2014—PMR Date: Days Review: # Set of Plans: 3 a Packet Pg. 225 QUALIFIERS PAGE ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS Application is hereby made to obtain a permit to do the work and Installations as indicated. I certify that no worm or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in tnis jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if not commenced within 180 days from the date of issuance. The permittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is issued. By signing this permit application, I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Review and Permitting De partment should I no longer be the contractor responsible for providing said contracting services. I further agree that I understand that the review and Issuing of this permit does not exempt me from complying with all County Cocos and Ordinances. It is further understood that the property owner/permittee is the owner of the permit. FNote: If change of contractor, please provide the following: Permit Number: E-mail Address: Tel: L COMPANY NAME: ; r s��.p �, es -+ 4. ,4 C 41 S 'STATE LICENSE NO: CAC -1$1$724 QUALIFIER'S NAME (PRINT) : Matthew Foster QUALIFIER'S SIGNATURE STATE OF: Florida COUNTY OF: Lee SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THISl�l/�% WHO IS PERSONALLY KNOwm OR AS PRODUCED ID: KEVINOENOALL TYPF OF ID: MY COh10.115S10N # GG 096533 r;o EXPtRES: April 20.2021 NOTARY PUBLIC SIGNATURE: SAF;; t`O''' BortdedTh*uN2ry:lubli,J-sderwritws NOTICE IN ADDITION TO THE REQUIREMENTS OF PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICT, STATE AGENCIES, OR FEDERAL AGENCIES. WARNING OF POSSIBLE DEED RESTRICTIONS THE LAND SUBJECT TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OTHER RESTRICTIONS THAT MAY LIMIT OR IMPAIR THE LANDOW NER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVICE TO THE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER fs CAUTIONED TO SEE K PROFESSIONAL ADVICE. WARNING ON WORK IN COUNTY RIGHT-OF-WAYS THIS PERMIT DOES NOT AUTHORIZE CONSTRUCTION OR INSTALLATION OF ANY STRUCTURE OR UTILITY, ABOVE OR BELOW GROUND, WITHIN ANY RIGHT. OF -W AY OR EASEMENT RESERVED FOR ACCESS, DRAINAGE OR UTILITY PURPOSES. THIS RESTRICTION SPECIFICALLY PROHIBITS FENCING, SPRINKLER SYSTEMS, LANDSCAPING OTHER THAN SOD, SIGNS, WATER, SEWER, CABLE AND DRAINAGE WORK THEREIN. IF SUCH IMPROVEMENTS ARE NECESSARY, A SEPARATE PERMIT FOR THAT PURPOSE MUST BE OBTAINED FROM TRANSPORTATION/ROW PERMITS AND INSPECTIONS (238) 252.8192. ARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE 0 OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOI MPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAII MINORE ANCING, CONSULT WITH YOUR LENDER OR AN ATTORNE' RECORDING YOUR NOTICE OF COMMENCEMENT. Per FkAda Statutes 713.135 a Notice of Commencement (NOC} is required for construction Df im proVemepis totaling more than S2,50C, with certain exceptions. For A/C Repairs or Replacements a notit:e of commencement Is required for Improvements more than $7,500. The aophcantshahIle with the issuing authontypriorto the first Inspectloneiiher a certified copy of the recorded NOC or a notarized statement that tha NOC has been filed for recorcing, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold a ntil proof of the NOC is filed vAth the building permittingand Inspection department. The Issuing authorhyshall not Derform or approve subsequent inspections until the applicant riles by mail, facsimile, hand delivery, email or an y other means such certified copy vnth the Issuing authority. L rn 0 U c O 0 M O 0 N O cm d, N M V Qf to tD r Packet Pg. 226 Cdttergovxet Report Title: Code Case Details 10.6.1 Date: 2/7/2020 7:52:02 AM Case Number: CEMIS20190014444 Case Number- CEMIS20190014444 Case Type: Misconduct Priority- Normal Inspector: WalterSiegel Status: Investigation Date & Time Entered: 12/612019 8:48:42 AM Entered By: WalterSiegel Case Dispositian: Case Pending Jurisdiction: Collier County Origin: Detail Description: Home owner, Wiebe Van Marcum, filed a complaint that his contractor, Fosters Air Supplies & Technical Services INC., DBA FAST AC SWFL, has seven (7) failed inspections, starting on September 5, 2017 and has now let the permit expired (March 1, 2018). Location Comments 4600 25th CT SW, Naples 35994720005 FOLIO Wiebe Van Marcum Matthew Foster Contractor FastAc Address 4600 25th CT SW, Naples Property 35994720005 Contractor Foster's Air Supplies & Technical Services, Inc. Property Owner VAN MARUM, WIEBE & BEVERLY Qualifier FOSTER, MATTHEW M. Business Management & Budget Office 1 Packet Pg. 227 Code Case Details Execution Date 2/7/2020 7:52:02 10.6.1 L N O LL Desc Assigned Required Completed Outcome Comments Attach Picture(s) WalterSiegel 12/3/2019 12/23/2019 Complete Attach Picture(s) WalterSiegel 1213!2019 12/23/2019 Complete Preliminary Investigation WalterSiegel 12/3/2019 12/23/2019 Needs Preliminary Investigation: Investigatio n On December 3, 2019, a Preliminary Complaint was received from home owner, Wiebe Van Marcum, of 4600 25th Ct. SW Naples, Florida 34116. The complaint is in regard to he is unable to get a final inspection on the air conditioning unit he had installed by Fosters Air Supplies & Technical Services INC., issuance number, 201600000793 (DBA FAST AC SWFL) on or about May 5, 2017. Mr. Van Wiebe received notification from Collier County that the permit (PRHV20170518428) had expired on March 1, 2018), and the inspection(s) have not been finalized. SiegelWalter 12/09/2019 10:30 AM Cont. Investigation WalterSiegel 12/4/2019 12/10/2019 Complete On December 4, 2019, Collier County Licensing Officer Ruben Martinez and 1 responded to 4600 25th Ct, SW Naples, Florida 34116 (Folio 35994720005) regarding the Preliminary Complaint dated December 3, 2019, by Wiebe Van Marcum. We contacted the complainant and home owner, Wiebe Van Marcum. He told us that it had been approximately 2 years that he had been trying to get Fosters Air Supplies & Technical Services INC. to get the inspection (s) finalized. He said the company has been unresponsive. Mr. Van Wiebe said that he has had numerous issues with the AC unit since its installation and has had other AC companies working on it to keep it operational. He wants Fosters Air Supplies & Technical Services INC. to get the inspections finalized. Mr. Van Wiebe told us that he has "given up" trying to contact Fosters Air Supplies & Technical Services INC. He said that the company had left a ladder behind for the County Inspector(s) but came back a short time later and removed it, so no access could be gained by the Inspector. SiegelWalter 12/09/2019 10:30 AM Cont. Investigation WalterSiegel 12/9/2019 12/1012019 Complete On December 5, 2019, 1 checked the permit status of PRHV20170518428, which had expired on March 1, 2018. in reviewing the expired status, it was discovered through City View Portal, that the work under this permit had failed inspection on the following dates: Business Management & Budget Office 2 Packet Pg. 228 Code Case Details Execution Date 2/7/2020 7:52:02 10.6.1 L O LL • May 25, 2017. • May 30, 2017. • July 6, 2017. • July 12, 2017. • July 28, 2017. • September 5, 2017. • November 9, 2017. All failures note that there was "no access", and "no ladder". On December 5, 2019, 1 contacted Director Mike Ossorio and reviewed the facts of this case. It was determined that the Qualifier for Fosters Air Supplies & Technical Services INC., Matthew Foster (License number CAC1818724), be contacted and advised that a Notice to Appear before the Licensing Board will be issued to him, and a hearing date of February 19, 2020, be scheduled. Director Ossorio determined that if Fosters Air Supplies & Technical Services INC. re- activates the permit and gets the permit finalized prior to the hearing date, a Letter of Non -Compliance shall be issued in lieu of a hearing. On December 5, 2019, 1 attempted to contact the Qualifier, Matthew Foster, by the telephone number associated with Fosters Air Supplies & Technical Services INC. (239-362- 0074). This phone number is out of order. I attempted to contact Matthew Foster at the phone number associated with his name from City View (239-936-6450), and that also is out of order. I was able to locate Fosters Air Supplies & Technical Services INC. on a BUILDZOOM website with a contact phone number, 239- 207-7341. There was a voice mail that provided no name, only the phone number. I left a message for Matthew Foster to call me. There was a sticky note with a phone number affixed to the preliminary complaint with no explanation, other than, "Google # Found". I called that number, 239-597-8002. 1 contacted number and spoke to the dispatcher, who identified herself as "Maria". She told me the company name was TWC Servises, located at 12590 Metro Parkway Ft, Myers, Florida. The company had purchased Search Results Foster Air Conditioning & Refrigeration Inc. Naples, FL 34101. She did not know when this purchase took place. I asked her if she could contact Matthew Foster. She told me she would contact the HR department, and someone may contact me from Des Moines, Iowa. SiegelWalter 12/09/2019 10:29 AM Business Management & Budget Office 3 Packet Pg. 229 Code Case Details Execution Date 2!712020 7:52:02 10.8.1 L d N 0 U_ Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 12/9/2019 12/10/2019 Complete On December 9, 2019, 1 sent an e-mail to Matthew Foster at the e-mail addresses on file through City View (Mchase@fastairswfl.com/Permits@Fastairsw fl.com) advising him to contact me regarding the expired permit. On December 9, 2019, at approximately 2PM, Matthew Foster contacted me by telephone. He agreed to respond to the On December 9, 2019, 1 sent an e-mail to Matthew Foster at the e-mail addresses on file through City View (Mchase@fastairswfl.com/Permits@Fastairsw fl.com) advising him to contact me regarding the expired permit. On December 9, 2019, at approximately 2PM, Matthew Foster contacted me by telephone. He agreed to respond to the Growth Management Department on December 11, 2019, at 10AM for a meeting. SiegelWalter 12/09/2019 2:25 PM Cont. Investigation WalterSiegel 12/1112019 12/11/2019 Complete On December 11, 2019, Matthew Forster responded to the Collier County Growth Management Department. Mr. Foster Completed a Change Of Contractor Notification Form from Fast AC SWFL to Healthier Home Solutions. He agreed to transfer the permit to this new company and schedule the inspection. He will supply a ladder at the time of the inspection. On December 11, 2019 1 contacted the home owner, Mr. Van Marum, by telephone. He told me he would respond to the Collier County Growth Management Department to fill out his portion of the Change Of Contractor Notification Form. He was advised that he needs to be home at the time of inspection to provide access to the inspector. I contacted Mr. Foster and told him this form would be completed today. He said he would have the permit transferred on either December 16 or 17, 2019, and schedule the inspection. SiegelWalter 1 211 11201 9 12:36 PM Cont. Investigation WalterSiegel 12/11/2019 12/11/2019 Complete On December 11, 2019, Mr. Van Marum responded to the Collier County Growth Management Department, and completed his portion of the Change Of Contractor Notification Form.SiegelWalter 12/1112019 3:53 PM Business Management & Budget Office 4 Packet Pg. 230 Code Case Details Execution Date 2!712020 7:52:02 10.6.1 L O LL Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 12/17/2019 12/19/2019 Complete On December 17, 2019, 1 called Mr. Foster and left a message for him to contact me in regards our previous conversation about re- activating the permit with his new company by December 17, 2019. SiegelWalter 12/19/2019 9:07 AM Cont. Investigation WalterSiegel 12/19/2019 12/26/2019 Complete On December 19. 2019, 1 received an e-mail from Kevin Dendall from Fast Air. He advised me that Matthew Foster was out of town on a family emergency, and would contact me on or about December 26, 2019, to meet for his Notice of Hearing. SiegelWalter 12/26/2019 B:24 AM Cont. Investigation WalterSiegel 12/19/2019 1211912019 Complete On December 19, 2019, 1 called Mr. Foster and left a message for him to contact me. His mailbox (239-207-7341) is full and cannot accept new messages. SiegelWalter 12/1912019 9:01 AM Cont. Investigation WalterSiegel 12/19/2019 12119/2019 Complete On December 19, 2019, 1 attempted to send a Notice Of Hearing to the e-mail address provided to me by Matthew Foster, and that appears on the GMD Public Portal, (owner@healthierhomefl.com). The e-mail is undeliverable. I was able to successfully send it to Mr. Foster's previous e-mail (permits@fastairswfl.com) he has listed for Fosters Air Supplies & Technical Services INC., (DBA FAST AC SWFL). SiegelWalter 12/19/2019 12:27 PM Cont. Investigation WalterSiegel 12/26/2019 12/26/2019 Complete On December 26, 2019, 1 attempted to contact Mr. Foster by telephone. His mailbox is full. i sent two e-mail reminders to him and his partner, Kevin Dendall, who I had corresponded with last week, in regards to the Notice of hearing and, the failure to reactivate the permit. See e-mails. SiegelWalter 12/2612019 2:26 PM Attach Picture(s) WalterSiegel 12/27/2019 12127/2019 Complete Attatched copies of regiseterd mail SiegelWalter 12/2712019 10:21 AM Cont. Investigation WalterSiegel 12/27/2019 12/27/2019 Complete On December 27, 2019, 1 sent a certified letter to Matthew Foster regarding a Notice Of Hearing scheduled for February 19, 2020, at 9:00 AM. The certified letter was mailed to 2852 Via Campania St. Ft. Myers, FL 33905, which is the mailing address provided to me by Matthew Foster at our meeting on December 11, 2019. SiegelWalter 12/27/2019 10:22 AM Cont. Investigation WalterSiegel 1/612020 1/6/2020 Complete On December 30, 2019. 1 was able to leave a voicemail message on Mr. Fosters contact telephone number to call me. SiegelWalter 12/30/2019 1 1:11 AM Business Management & Budget Office 5 Packet Pg. 231 Code Case Details Execution Date 2/7/2020 7:52:02 10.6.1 Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1!612020 1/612020 Complete On January 6, 2020, 1 was able to leave a voicemail message on Mr. Foster's contact telephone number to call me. SiegelWalter 01/06/2020 2:17 PM Cont. Investigation WalterSiegel 1/912020 1/9/2020 Complete On January 9, 2020, 1 checked the status of the certified letter (7005 1160 0000 3802 6944) sent to the mailing address provided to me by Matthew Foster. The status from USPS indicated that there was an attempt on January 4, 2020 at 2:05 PM to deliver the letter. There was a notice left at that address because "an authorized recipient was no available", The USPS indicates that if this item remains unclaimed by January 19, 2020, it will be returned to sender. SiegelWalter 01/09/2020 8.09 AM Cont. Investigation WalterSiegel 1/14/2020 1/14/2020 Complete On January 14, 2020, 1 sent a Notice of Hearing to Matthew Foster by certified mail (7005 1160 0000 3802 5763) to the address of 33 Barkley Circle Unit B Ft. Myers, Florida, 33907. This address is the address he supplied for his new company, Healthier Home Solutions LLC (CAC1819938), where he was to have re -activated the expired permit. SiegelWalter 01!1412020 3:47 PM Cont. Investigation WalterSiegel 1/16/2020 1/16/2020 Complete On January 16, 2020, 1 responded to 4400 Cleveland Ave. Ft. Myers, Florida 33901, the businesses of Michael Foster (Foster's Air Supplies & Technical Services Inc. and Healthier Home Solutions LLC) to serve the Notice of Hearing for February 19, 2020. 1 contacted two employees, "Elijah" and Tony Savo. "Elijah" told he that he and Mr. Foster was aware that Collier County was trying to get in touch with Mr. Foster regarding this case. "Elijah" referred me to Tony Savo. Mr. Savo would not sign for the Notice of Hearing, but he did accept it on behalf of Mr. Foster's company. (See photo). explained to both employees that this Notice of Hearing could be abated by Mr. Foster re- activation of the expired permit as we had agreed upon on December 11, 2019SiegelWalter 01 /16/2020 3:47 PM. Cont. Investigation WalterSiegel 1/1712020 1/23/2020 Complete On january 17, 2020, a certified letter regarding the Notice of Hearing for February ! 9, 2020, at 9AM was sent to Matther Foster's buisness located at 4400 Cleveland Ave. Ft. Myers, Florida. Tracking Number: 7005 1160 0000 3802 5770.SiegelWalter 01/23/2020 1.40 PM Business Management & Budget Office 6 Packet Pg. 232 Code Case Details Execution Date 2/7/2020 7:52:02 10.8.1 L d N 0 u. Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/23/2020 1/23/2020 Complete On January23, 2020, 1 checked the certified letter tracking number (7005 1160 0000 3802 5770) for the Notice of Hearing sent to Mr. Foster at his place of business. 4400 Cleveland Ave. Ft. Myers, Florida. As of January 22, 2020, the letter is still in transit. SiegelWalter 01/23/2020 8:27 AM Cont. Investigation WalterSiegel 1123/2020 1/24/2020 Complete Should be noted: The investigation reveals Matthew M. Foster, the Qualifier of Fosters Air Supplies & Technical Services, Inc., applied for "Extension of Re -Activation of the permit PRHV20170518428, on or about November 11, 2017. The extension was approved on or about December 1, 2017. SiegelWalter 01/24/2020 9:48 AM Cont. Investigation WalterSiegel 1/24/2020 1/27/2020 Complete On January 27, 2020, 1 contacted Wiebe Van Marcum by telephone. I advised him that the payment form he sent me regarding the payoff for the air conditioning system installed by Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL, does not show it is a payoff regarding his contract with Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL, Wiebe Van Marcum told me that he ordered the proof of the payoff from SYNCBIRHEEM- KWICK COMFORT on January 24, 2020. He would receive this information within 7-10 days. Wiebe Van Marcum said due to Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL not fulfilling their contract, he had to hire other companies to fix his air- conditioning unit. He said he would supply a e-mailed statement and copies of receipts of the work needed to fix the air-conditioning system. SiegelWalter 01/27/2020 12:24 PM Cont. Investigation WalterSiegel 1/27/2020 1/28/2020 Complete On January 27, 2020, 1 recieved the certified letter mailed to Matthew M. Foster with the Notice of Hearing back from the USPS. Tracking number 7000 1160 0000 3802 5770. "Return to Sender Attempted - Not Known Unable to Forward". SiegelWalter 01/28/2020 9:33 AM Cont. Investigation WalterSiegel 1/27/2020 1/27/2020 Complete NOTE: Wiebe Van Marcum financed this project through SYNCB/RHEEM-KWICK COMFRT. The balance on this account is 0 (zero) and had been opened on April 7, 2017. It has a gredit limit of $5000.00. The last payment recieved on this account on April 25, 2018. SiegelWalter 01/27/2020 12:29 PM Cont. Investigation WalterSiegel 1/28/2020 1!2812020 Complete Note: The correct spelling of the Property Owner is Wiebe Van Marum not Wiebe Van Marcum. SiegelWalter 01128/2020 9:38 AM Business Management & Budget Office 7 Packet Pg. 233 Code Case Details Execution Date 2/7/2020 7:52:02 10.8.1 aesc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 112812020 1/28/2020 Complete On January 28, 2020, 1 checked the USPS tracking #70051160000038026944 for the Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The address of 2852 Via Campania St. Ft. Myers, F1.33905 was provided to me by Matthew M. Foster duting our meeting on December 11, 2020. This letter's status is "REFUSED" and is being returned to sender. SiegelWalter 01128/2020 10:14 AM Cont. Investigation WalterSiegel 1129/2020 1/29/2020 Complete On January 29, 2020, 1 contacted Wiebe Van Marum by telephone. Van Marum had sent me a written statement via fax on January 28, 2020. Van Marum told me he had originally been solicited by telephone by a representative from "FAST AC" for a free AC inspection. On or about April 7, 2017, when this inspection occurred, Van Marum was advised by an employee of "FAST AC' that due to mold build up inside the unit, the unit had to be replaced. This is when he entered into a contract with Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. After numerous problems with this unit, Van Marum complained to the Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. Van Marum said that Matthew Foster contacted him by telephone, and told him that he (Matthew Foster) would personally come to Van Marum's property and take care of the problem(s). This is that last time Van Marum had any contact with Matthew Foster. Van Marum told me that of the seven failed inspections, he had been present at six. He did receive an invoice from Fosters Air Supplies & Technical Services, Inc. DIBIA FAST AC SWFL. In the amount of $325.00 on or about September 5, 2017, for "Failed inspection fee. Inspector arrived, no one home to let him in. Inspector left. Inspection failed. On January 29, 2020, 1 spoke to Chad DeSear of the Collier County Building Plan Review & Inspection Division, Inspector DeSear had been on the majority of the failed inspections at 4600 25th Ct, SW, Naples, FL. He advised me that the notes "No ladder" typically refers to there was no ladder, which is the contractor's responsibility, to gain access for inspections. "No access" typically refers to no one was on scene to allow access for the inspector. SiegelWalter 01/29/2020 11.20 AM Business Management & Budget Office 8 Packet Pg. 234 Code Case Details Execution Date 2/7/2020 7:52:02 10.8.1 L d 0 LL Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/31/2020 2/3/2020 Complete On January 31, 2020, 1 received the certified letter of Notice of Hearing addressed to Matthew Foster at 2852 Via Campania St. Ft. Myers, FI. 33905 back from the USPS. "Return To Sender", "Unable To Forward". This is the address Michael Foster told me was a good mailing address to reach him at our meeting on December 11, 2019. SiegelWalter 02/0312020 8:47 AM Cont. Investigation WalterSiegel 2/3/2020 2/5/2020 Complete On February 3, 2020, 1 researched the property of 2852 Campania St. Ft. Myers, Fl., the home address provided to me by Matthew Foster on December 11, 2019. The registered letter I mailed there was returned as "refused". The property owner is listed through Lee County Property Appraiser to Ronald Mullis. I was able to locate a phone number associated with Mr. Mullis through Google (239-314-8144). 1 called and left a voice mail message for Mr. Mullis to contact me. SiegelWalter 02/05/2020 8:27 AM Cont. Investigation WalterSiegel 2/5/2020 2/5/2020 Complete On February 5, 2020, 1 attempted to call the property of 2852 Campania St. Ft. Myers, FI., (Ronald Mullis). I was able to leave a voice mail message for Mr. Mullis to contact me. A short time later Mr. Mullis contacted me by telephone. He told me that Matthew Foster does live at 2852 Campania St. Ft. Myers, FI. Matthew Foster is Mr. Mullis' tenant. SiegelWalter 02/0512020 9:06 AM Cont. Investigation WalterSiegel 2/5/2020 215/2020 Complete On February 5, 2020, 1 received an e-mail from Matthew Foster. The E-mail is as follows: "Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow work. I'm sorry i haven't made it there to handle it. I will have the permit paid for and scheduled to be finalized tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email." Thank you, Matt Fostet (sic) I wrote him back reminding him of the Notice of Hearing is still scheduled for February 5, 2020, at 9AM (See e-mail). SiegelWalter 0210512020 2:27 PM Investigation WalterSiegel 2/19/2020 Pending Wiebe Van Marcum, 4600 25th Ct. SW Business Management & Budget Office 9 Packet Pg. 235 Code Case Details Execution Date 2/7/2020 7:5 10.6.1 Violation Description Status Entered Corrected Amount Comments 4.2 Misconduct State Certified Contractors Open 12/6/2019 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office Packet Pg. 236 10.B.1 Co ler Cou.Hty L 0 Growth Management Department Building Plan Review & Inspection Division 3 February 7, 2020 Collier County Contractors' Licensing Board 2800 North Horseshoe Drive Naples, FI 34104 Re: Administrative Complaint # 2020-03 Respondent, Matthew M. Foster of Fosters Air Supplies / DBA: Fast AC SWFL I, Jonathan Walsh, Chief Building Official for Collier County have reviewed Contractors' Licensing Administrative Complaint 2020-03. Based upon complaint file the respondent has multiple failed inspections, failed to correct violations, and failed to complete permit # PRHV20170518428. At this point the referenced permit has expired with no activity and as such is now classified as `void' pursuant to Florida Building Code sections 105.3.2, 105.4.1.1, 105.4.1.3 and Collier County policies and procedures. FBC Section 105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filling, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not to exceed 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. FBC section 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. FBC Section 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The respondent has received several failed inspection notes from our inspection staff along with County notifications indicating the status of the permit. There has been a change of contractor package submitted to the permit however not yet completed to a subsequent contractor to which Matthew Foster is the qualifier on record. Based upon the above noted and case 2020-03 file it is the opinion and determination of this office, that this constitutes a Willful Code Violation of Florida Building Code as outlined in Count 1B of the complaint. Sincerely, WalshJonathan Jonathan Walsh, PE, CBO Chief Building Official License # BU1778 Digitally signed by WalshJonathan Date: 2020.02.07 12:22:34 -05'00' Bu" Pian ReA w 8 hspedion Dm9w • 2800 North Horseshoe D ?m - Naples Fb xb 34104.239-252-2400 • www a dberrounlyll.ga� Packet Pg. 237 105.4 Conditions of the permit 105.4.1 Permit intent A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initialep rmit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 10.6.1 Packet Pg. 238 10.6.1 JAS 110.4 Inspection agencies Reserved. [AI 110.5 Inspection requests It shall be the duty of the holder of the building permit or their duly authorized agent to notify the buildingofficial fficial when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. [A) 110.6 Approval required Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. Packet Pg. 239 1/28/2020 Permit Application Status - CityView Portal GMD Public Porta, Permit Application Status In order to schedule inspections, you need to be signed in. Summary Application Number: PRHV20170518428 Application Type: Mechanical Application Status: Expired Property Owner's Full Name: VAN MARUM, WIEBE & BEVERLY Category of Work: Alteration Occupancy Code: Residential, One and Two Family New or Guest House Description of Work: a/c change out air handler to 3 ton 15 seer 5 kw 4600 25TH CT SW Application Date: 05/12/2017 Issued Date: 05/18/2017 Expiration Date: 03/01/2018 1-2 Family or Comm: 1-2 Family Locations — Contacts Locations: Property 35994720005 Address 46QO 25thW,NaRIg j Property Owner: VAN MARUM, WIEBE & BEVERLY, Address:4600 25TH CT SW Applicant: Foster's Air Supplies & Technical Services, Inc., Address:4400 Cleveland f Mechanical Fee Res or Com 1 $50.00 Ave., Phone:(239) 362-0074 Qualifier: FOSTER, MATTHEW M., Address:5438 FERRARI AVE, Phone:(239) 207- Application (Valuation 7341, Licensee # LCC20160001597 License Status Contractor: Historical: FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC., Address: 5438 FERRARI AVE, Phone:(239) 362-0074, State Reg #'s CAC1818724, Licensee # LCC20160001598 License Status Contractor: HEALTHIER HOME SOLUTIONS, LLC , Address:33 BARKLEY CIRCLE UNIT Inspection Fee B., Phone:(239) 333-3278, State Reg #'s CAC1819938, Licensee # $50.00 LCC20190001547 05/18/2017 License Status — Permits (Click to See Reviews) — Permit Number: PRHV2017051842801 Permit Type: Mechanical Permit Status: Expired Fees Paid Fees Amount Paid Owing Date Paid f Mechanical Fee Res or Com 1 $50.00 i $50.00 Paid 05/18/2017 Application (Valuation <$5000) Inspection Fee $50.00 $50.00 Paid 05/18/2017 BCAI $2.00 $2.00 $2.00 $100.00 Paid Paid Paid 05/18/2017 05/18/2017 12/07/2017 DCA $2.00 Permit Extension $100.00 Owing I Date Paid Outstanding Fees Amount Paid cvportal.colliergov.neUCityViewWeb/Permit/Status?permitld=203788 10.B.1 Packet Pg. 240 1/2812020 Permit Application Status - CityView Portal Paid Fees Amount Paid Owing Date Paid $65.00 $0.00 $65.00 ` Not Paid f Reinspection Fee for �Building Reinspection Fee for $65.00 $0.00 $65.00 Date Status Changed: 11/09/2017 Not Paid Building Correction 2: Miscellaneous Corrections Status: Carried Forward Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building Status: Carried Forward Date Status Changed: 11/09/2017 Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building Status: Carried Forward Date Status Changed: 11/09/2017 Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building i i Status: Carried Forward -- _ Change of Contractor or $40.00 $0.00 $40.00 Not Paid Sub Contractor 10-11 no access at 10:05 Totals: J _ - $634.00 $204.00 PLEASE DO NOT SUBMIT ANY PAYMENTS UNTIL A COLLIER COUNTY PAYMENT SLIP IS DISTRIBUTED Deposits & Bonds There are no deposits or bonds for this application. Inspections Inspection Outcome Requested Scheduled Date Inspected 303 - A/C Change Out Failed - Building 11/g/2017 11/9/2017 11/09/2017 Inspector: Chad Desear ((239) 877-2920) Send -Email Correction 1: Miscellaneous Corrections Corrections: Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous CorrectionsT Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan tom duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 10.6.1 O y O LL Packet Pg. 241 1/2812020 Permit Application Status - CityView Portal 10.8.1 Correction 6: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 L Comments: Miscellaneous Corrections. Safety pan not N under unit, safety pan lot level, float O switch not glued, Armaflex not glued and LL. separated at joint (sweating/leaking at time of inspection),repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants r safety pan piped out as originally as before. Correction 7: Inspector Notes v 7 Status: Carried Forward 'a C Date Status Changed: 11/09/2017 v Comments: Inspector Notes: no access @9:23. to Texted @ 8:37 scheduled time 9-10 Correction 8: Miscellaneous Corrections M O Status: Carried Forward , Date Status Changed: 11/09/2017 O N Comments: Miscellaneous Corrections, Safety pan not N under unit, safety pan lot level, float y switch not glued, Armaflex not glued and separated at joint (sweating/leaking at V time of Inspection) Failed - Building 9/5/2017 9/5/2017 09/05/2017 303 - A/C Change Out t>, O LEGACY: Tim Williams ((239) 465-1023) Send Email Inspector: Correction 1: Miscellaneous Corrections Corrections: Status: Carried Forward v Date Status Changed: 09/05/2017 C i t j II_ Comments: Miscellaneous Corrections no ladder U N — H ! Correction 2: Miscellaneous Corrections 06 Status: Carried Forward to N Date Status Changed: 09/05/2017 Q Comments: Miscellaneous Corrections same Q- 3 Correction 3: Inspector Notes Status: Carried Forward Q Date Status Changed: 04/05/2017 Comments: Inspector Notes: sent notification at y 9:00am arrived at 9:20. No access l0 Correction 4: Miscellaneous Corrections Status: Carried Forward y Date Status Changed: 09/05/2017 LL Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping r on plenums, no AFIRI cert, seal s/a �I correctty,not a gallon of mastic, a/h not ID w heat amps etc, customer wants j I safety pan piped out as originally as before. c O Correction 5: Miscellaneous Corrections j v to Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Miscellaneous Corrections scheduled for o 10-11 no access at 10:05 G cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 Packet Pg. 242 1/2812020 303 - A/C Change Out Inspector: Corrections: 303 - A/C Change out Inspector: Permit Application Status - CityView Portal Correction 6: Miscellaneous Corrections ! Status: Carried Forward Date Status Changed: 04/05/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, safety pan lot level, float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of inspection), repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. r Correction 7: Inspector Notes Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Inspector Notes: no access @9:23. Texted @ 8:37 scheduled time 9-10 r Failed_ Building— 1 7/28/2017 7/28/2017 07/28/2017 Chad Desear ((239) 887777-2920) Send Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not I ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 Correction 6: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, safety pan lot level, Float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of inspection),repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Failed - Building T ---- 7/26/2017 7/26/2017 07/25/2017 Chad Desear ((239) 877-2920) Send Email 10.B.1 cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 Packet Pg. 243 112812020 303 - A/C Change Out Corrections: Inspector: Corrections: Permit Application Status - CityView Portal Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections same — Correction 3: -- Inspector Notes 11 I Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 Failed - Building 7/12/2017 7/12/2017 07/12/2017 LEGACY: Tim Williams ((239) 465-1023) Send Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections no ladder 1 Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Fail- no Fee 7/6/2017 7/6/2017 07/06/2017 Chad Desear ((239) 877-2920) Sgnd Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/06/2017 Comments: Miscellaneous Corrections no ladder 10.B.1 cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 Packet Pg. 244 1/28/2020 Permit Application Status - CityView Portal Correction 2: Miscellaneous Corrections i Status: Carried Forward ii Date Status Changed: 07/06/2017 I Comments: Miscellaneous Corrections same 303 - A/C Change Out Correction 2: Correction 3: Inspector Notes Carried Forward Status: Carried Forward Comments: Date Status Changed: 07/06/2017 Category Comments: Inspector Notes: sent notification at 05/18/2017 Receipt 9:00am arrived at 9:20. No access 05/18/2017 Failed - euiiding 5/30/2017 5/30/2017 05/30/2017 Inspector: Chad Desear ((239) 877-2920) Send Email Corrections: Correction 1: Miscellaneous Corrections Notice of Status: Carried Forward > Notice of Commencement Date Status Changed: 05/30/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 05/30/2017 Comments: Miscellaneous Corrections same 303 - A/C Change Out Fail - no fee 5/25/2017 5/25/2017 05/25/2017 Inspector: Chad Desear ((239) 877-2920) Send Email Corrections: Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 05/25/2017 Comments: Miscellaneous Corrections no ladder Conditions Documents & Images Date File Type � Uploaded Expiration Due Condition Status i ; Department Description Category Date Date 05/18/2017 Receipt ReceiRtf2rtransaction: , Q17-031648 05/18/2017 Letter 1 R±rSS rd 05/18/2017 Letter Permit 07/28/2017 VanMarun AHRI.p4f cvportal.colliergov.net/CityVieWWeb/Permit/Status?permitld=203788 Notice of Not ! Building > Notice of Commencement Commencement Required Review and Permitting i Condition Type: Inspection Hold Elevation Not > Elevation Certificate: X zone Certificate Required Condition Type: CO Hold i Permit Extension Pending Resolved Permit Extension Pending Fee Payment Condition Type: Inspection Hold Permit Extension Open Building To Extend OR Cancel Permit upload OR Cancellation Review and extension request document, Follow Permitting link to locate Forms; i https://www.colliercountyfl-gov/your- government/division s -a -e/bu !I d ing- rev iew/building- permft-resolutio n - services Condition Type: Informational Documents & Images Date File Type Document Name Uploaded 05/15/2017 Applications AppJ[Cation Form (VanMarum permit app - Pretlared.odf). 05/15/2017 Letter Q UXU Slip_(PR) 05/18/2017 Receipt ReceiRtf2rtransaction: , Q17-031648 05/18/2017 Letter 1 R±rSS rd 05/18/2017 Letter Permit 07/28/2017 VanMarun AHRI.p4f cvportal.colliergov.net/CityVieWWeb/Permit/Status?permitld=203788 10.6.1 Packet Pg. 245 GO�BY Ci07ZYLt� Growth Management Division Planning & Regulation Operations Department Licensing Section January 16, 2020 Matthew Michael Foster Fosters Air Supplies & Technical Services INC. d/b/a – DBA FAST AC SWFL 4400 Cleveland Ave. Ft. Myers FL. 33901 RE: Case # CEMIS20190014444 – 4600 25th Ct. SW Naples, Florida 34116 Dear Mr. Foster A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2). Sec. 22-201.1 - Misconduct—State certified contractors. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board. Sincerely, E Walter 1 gel Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2468 Received: Date: 10.B.1 Growth Management Div}5ion *Plan ning & Regulation'2800 North Horseshoe orive'Naples, Florida 34104*239-252-2400*www.collier Packet Pg. 246 mm ,p ...n l z PIIITI=E� r- Ln r- Ln For dellw" information yisil our website at www usps com C3m C o OFFICIAL USE m �CC3cc �...�� m m An exp. $ n 0 o Ca CerdW FM C3 � Po.anrrk ray. Cl d PAgaidea o.kwy Fa. (EnftON NP u ROWA�i Taw Po~ a Fe" $ Ln -^— Ln M �OT7GC r/ +� )tiW'" lh l4 TTIl,1..��JT2?�------•-••-� - .•.- .. a POear Nb p - -•3 �Fs..................... . SL Z!P«4 r Y33So'7 10.6.1 Packet Pg. 247 J S _N CL G Z 2 . 3z � 10.6.1 Packet Pg. 247 ■ Complete items 1, 2, and 3. Also complete item 4 11 Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the madpiece, or on the hent if space permits. 1. Article Addressed to: f� /))4. f�l�z+W J:�D.5T2Y2" Fz- 33�c7 A. Sirgnalure X 0 A 0d ❑ Addressee B. Received by (Printed Narno C. Dale of Delivery D. Is delivery address different from item 17 ❑ Yea If YES, enter delivery address below: ❑ No 3, ice T7P43 ivied Mail ❑ Express Mail -Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (fxftr Fee) ❑ Yes 2. AAicioNumber 7005 1160 0000 380F 5763 0?9nslrrr lram service label) i Ps Form 3811, February 2004 Domestic Return Roceipt 102595-02-µ-1540 10.6.1 d to M U 0 to to r r Packet Pg. 248 Co1.liew County Growth Manogemeni Department 2800 N. Hmoshae Drive • maples, Florida 34104 WAL-r,=-2 Sr,=�vEL 33 aptaKc.e7 LlR. Ur+rc+ f3 10.6.1 Packet Pg. 249 10.B.1 Ci0 e -r 4Z --;0u77 ty Growth Management Division Planning & Regulation Operations Department Licensing Section January 16, 2020 Matthew Michael Foster Fosters Air Supplies & Technical Services INC. d/b/a – DBA FAST AC SWFL 4400 Cleveland Ave. Ft. Myers FL. 33901 RE: Case # CEMIS20190014444 – 4600 25th Ct. SW Naples, Florida 34116 Dear Mr. Foster A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board M is required at this time. c t 4) The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, °d please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and N have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in a our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary 3 of events. At this meeting, you may present evidence and be represented by an attorney of your choice. L In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2) Sec. 22-201.1 - Misconduct—State certified contractors, (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board. Sincerely, Walt r egel Licensing m )lance fficer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2468 Received: Date: Growth Management Division* Planning & Regulation'2500 North Horseshoe Drive•Naples, Florida 341D4.239-252.2400*www.colliergo,4 Packet Pg. 250 C3 M r%- r, - MEMO r- rl- Ln Ln ru ru C3 C3 -a go rn rn C3 13 C C3 C3 C3 M C3 C3 C3 -D -0 r -I r-3 r-zl r -I OFFICIAL USE P~ 3 Coffow F" tF.=T=) Him PossmW Dokw V F" (&KM ---d PAWi@mJ) 7bt3d PoVjw & fees $ Ln Lrl M M 5�w- ry C50 ---------- ------------ Ly PO Box Na . ....... ....... ...................... ...... .... ......... . C-,. -- A .. ya2� .. la.lLf-TE3tt-L.L.Mp� Packet Pg. 251 1 12 E vi a),— Packet Pg. 251 1 10.6.1 L- 42) d in Q tl Packet Pg. 252 � o Certified Matt Provides: (&,atijod) zoo aunt W4;i fid ` s A mailing rcca0l. Q ■ A unique identifier for your rnallpiece Q-� s A record of delivery kept by the Postal Service for two years Important Remlrn:rffi: First -Class air or Priority Mail®. s Certified Mail may ONLY be combined with FAd fur any Gass of international mail. N ■ Certified Mail is trot avallabte ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For �l kA kolz vatuables, please consider insured or Registered Marl. corn requested to Quids proof of s For an additional fee. a Rerurn Receipt ma be y late and attach a Return p v delivery. To obtain Return Receipt service, pie am Receipt (PS f=orm 3811) to the article and add applicable postage to cower the Receipt Raquasted'. To receive a tae waiver for fee. Endorse mailplace'Re�rm i duplicate return receipt, a USPS* postmark on your Certified Mail receipt is required. * For an addiifonal fee, delivery may be restricted to the addressee or Advise the cleric or mark the mailpisce with the addressee's authorized agent. `Restricted Delivery". 0 endorsement resent the aril• * if a postmark on the Certified Mail receipt is desired. please pCertified Adan cls at the post of (l for postmarking. if a postmark on [he mail. 1 € . receipt Is not needed, detach and affix label vnth postage and t� L IMPORTANT: Save this receipt and ppresent it whan making an inquiry. delivery intortnatlon is not available on mail L i ILL Internal access to addressed to APOs and FP!)s. 10.6.1 L- 42) d in Q tl Packet Pg. 252 � o �v Q-� x z C� E�� C� °n 10.6.1 L- 42) d in Q tl Packet Pg. 252 ■ Complete items 1, 2, and 3. Also comPlBtra A Signature ❑ Ago^t item 4 if Restricted Delivery is desired. X ❑addressee ■ Print your name and address on the reverse that we can return the card to you. � � Punted fw—) C. Date of Delivery g, faeca+v y { so ■ Attach this card to the hack of the mailpiece. ❑ Yes or on the front if space Permits. D. le delivery address dill t fro,n tW,,17 ❑ No 1.yA�rt�i7cle f�dMdregse}djt/a&7, J .zr�r} It YES, enter delivery address below: yllov �Ve�nlo -"'� yers �L . r 3 ? g o 1 9_ ice 7YPe Certified mws ❑ Epi Mail !!)— Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Def,yery7 PIrO Fed} ❑ Yes 2. Article Number 7005 116❑110013 3 8112 5 7 7 0 (Transfer from service Iabei) 10259542-1F1540 P5 Form 3811, February 2004 Domestic Return Rece" ---- — y m Ct= ?� V� rB0E~ a - a- a..4 cc'o 07 m mar m m$c o CL,'ny '� U C �E m nW [S.� m m amZ E m s E ndt� `oy� o(7t7 c mm°c�7 a��' mQ G C to' U Z Y Ii n9 a": U. m m _gym a- n C7■ a Ea ■ i ■ ■ ■ �- w 10.B.1 Packet Pg. 253 10.B.1 W1.11yl.1I'Ik a� U CD m co Hasler F fRST-CLASS MAIL V Co ler County o��2���020 $006.80° Growth Management Departmentii, f06 2800 N. Horseshoe Drive `• Naples. Florida 34104 y ~ ZIP 34112 1160 GGOO 38122 5770 011E11675741 .Q - a I � IL Q /1�1 A STN w r s ro? -J 0 ! O LL De. I 3 RETURN TO SENDER t ATTEMPTED -•N07 KNOWN UNAB_E TO FORWARD � MRi�lx. BC, 34-1046917001`179— 412 -ti-4i u� — - _...:<"•n.. -r. .l ltt II , ,� i�. i � •yi irirrr �'�'il"� I ,: Mi`�"3�ri�'�7R�'"�'i`i •si"a•+i i'il i� � Packet Pg. 254 Go�ier Cou-v><ty Growth Management Division Planning & Regulation Operations Department Licensing Section 1-1,4•vo DEz-,, L&ne--n 10.6.1 January 16, 2020 77-1 -yyj::w CZp Ile. AIR Matthew Michael Foster R y . /h E - Fosters Air Supplies & Technical Services INC. Sen -&l iC-C 7—,!:> e,-1.1 PL -0715 d/b/a — DBA FAST AC SWFL A-," 4--4 K 4400 Cleveland Ave. Ft. Myers FL. 33901 �� A M RE: Case # CEMIS20190014444 — 4600 25th Ct. SW Naples, Florida 34116 1;'4E2L✓1 W Dear Mr. Faster A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2). Sec. 22-201.1 - Misconduct State certified contractors. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board, Sincer Iy, Walter Siegel Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2468 Received: Date: Growth Management Divi5ion`Planning & Regulation*2800 North Horseshoe Drive*Naples. Florida 34104'239-252-2400*www, r r,"irr Packet Pg. 255 Ccs —r 4z �l14vaty (.rncsth %lanueernt•rrt INNkiun 1'hanninljK RCgulution Operations Department Licen'ting Sectizm iamrngi 14, 2(20 Atanhaw Michael Fuller Frmcri Air Sulrlrlies & Tachrms]. Senicea Los:. AWN - DUA FAST AC S W FL. 11 Barkley Circk Ulu is ft. %1vera Ft_ 119,117 RXz Care lr amm ir,r, e,, syr v„ r,l.. t r.:aa. v rr, 01v Air Gea wr COs " v 000artntere Grn,Mh Marag uiOM A , rraM Dws" ®ratcna g *ww SWQW L ging Gomplrertco OMC,*'t rM, 's 21'4 l53 b1Fi •Gtr PM7�r 2T, 4M !.'DI • to }qpr S��'tranYga 4w • anew C ,OX wymw5o Vv A cc,mpra,nl hu hren M.A we.w,t .,n, rrer aw ,• :—firr-lvcd caw. 1 trrsrvs)r ua th.s .,r.npl.�,.t ,i1 ••.- h.•:r, by thr 1'nrtltarl. ire' Ll.—mg P. -Ad lr), 2020a10-00 AM in thr tsnurd ,.r c ,ndrt Commissioner's Room Third r1cmr, Adminisuarkm thudding tW- Harmon turner Mdg.t, at 3'401 taut I'sndtkau t ra11, NAPICk F10040 34 t 12 Your ptenence Lwture the Crillier Coemty Cantraetan• I.ieesrst"S Liwtd is rcqutmd at this time. The Packet concerning your case masked coni"tte exhibit -A" wi 11 be delivered to the memben. of the (:rmt—t4w," I ioen,,ing Lirtrni one Ncek prior to the lkaring. If you wish to rcceivc a copy of thix packet, please notify the C'onitnAor Licct►sing Cuscolroer Service Office lryou wish to prrlmrc a deknse packet and have it delivrred m conjunction with corapo4ite ekhihd ".A you muo make FAccn copics and has -e them in our ollice b} H 1X} AM on Wednesday. one week Pour to the hearing: In your packet. you may Epvc a summary of events. A! this meeting• you nray prcwnt cvidettoc and be n presented by an attorney of yaur choice. loth, cvna the (:untruukx' t.rcrnatng Board firrtls veru rn vlolaum orcollrer Counly 16tunicode Set. 22-21)1.1.(2). See. 22-201.1 • Mkenadaitt- litate cerflflad ceatraorem t2) WLtllally vi41atin the appilkable 6aildiag.oft K iiiam the range ofdiwiplirsny.arrorinn,••.niLh,r,o hr:rmllncC nrap of 1 irt,ty.utd',r., pernut., of reywrc the 4)1' Pemrit c w Nth 5pctisil. cundiliom,. 421 recaramenclatrwt 1w %use rnq> na, rrvucatiun, Of rektrrc•t147I1 rrf'",ut rehictralion• OF a tiny to he levied try the CuTiAruction tnduytry L_icenvrnk fillanl. Slrxrotrly Walter Stegel Licensing Compintnec Ofiicer. 2800 North Hor eshur Dnve !Naples, FL 34104 (239) 232-2468 R�;Ftp 7 /0 ZS .1-AH� Zo ZJ D v r nate: 4,arch tR�c+aeme,+i flh-smn•F�larrrg S Nea�lat,per•3ati4 yor(q llorfeSt+Aa'JriVC •M+Vtn: r}+u16it 311111•139 ]Si 2i0o•www :oa.arrerar 10.B.1 .-AL: Packet Pg. 256 r _ . Packet Pg. 257 Ad }IHS 2 W 3 2 M O 0 N 0 N r-% _ d E t 0 R w El Packet Pg. 258 10.6.1 L r 0 LL From: Mathew Foster <mattf0830C@gmail.com> Sent: Wednesday, February 5, 2020 12:13 PM To: SiegelWalter <Walter.Siegel@colliercountyfl.gov> Subject: Expired permit c 0 EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when U opening attachments or clicking links. ch 0 Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow c work. I'm sorry i haven't made it there to handle it. I will have the permit paid for and scheduled to be finalized c tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email. V 0 m co T Thank you, Matt Fostet c a� Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response tc a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing Packet Pg. 259 10.B.1 SiegelWalter From: Mathew Foster <mattf0830@gmail.com> Sent: Wednesday, February 5, 2020 3:04 PM To: SiegelWalter Subject: Re: Expired permit 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. Thank you, my daughter is doing alot better. On Wed, Feb 5, 2020, 2:11 PM SiegelWalter <Walter.Sie el coliiercount fl. ov> wrote: Mr. Foster, I hand deliver the Notice of Hearing to "Elijah" and Tony Savo on January 16, 2020. Obviously you are aware of the Hearing. That being said, I'm looking forward to your compliance in this matter, as are ready to go on February 19, 2020, at 9AM. I am sorry to hear of your about the emergency. I hope it turned out well. I will be looking tomorrow for the issued permit to abate this violation. Kindest regards, Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. 5iegelAcollierc_ountyfl.gov Desk: 239-252-2468 a� 0 LL Packet Pg. 260 10.B.1 SiecielWalter L From: Mathew Foster <mattf0$30@gmail.com> L° Sent: Friday, February 7, 2020 7:41 AM 2� To: SiegelWalter 3: Subject: Re: Expired permit r r EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when 3 opening attachments or clicking links. 0 U N Yes we will be there by 2 today M On Fri, Feb 7, 2020, 7:40 AM SiegelWalter <Walter.Siegel@coiliercountyfl.ov> wrote: o 0 N Are we going to get this done? N N U 0 co 0 Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. Siegelco Ili ercountyfl. gov Desk: 239-252-2468 From: Mathew Foster <mattf083OPgmail.com> Sent: Wednesday, February 5, 2020 3:04 PM To: SiegelWalter <Walter.Siegel@colliercountyfl.pov> Subject: Re: Expired permit 1 Packet Pg. 261 10.6.1 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. L N Thank you, my daughter is doing alot better. �0 On Wed, Feb 5,2020,2:11 PM SiegelWalter <Walter.Siegel@colliercountvfl.pov> wrote: Mr. Foster, I hand deliver the Notice of Hearing to "Elijah" and Tony Savo on January 16, 2020. Obviously you are aware of the Hearing. That being said, I'm looking forward to your compliance in this matter, as are ready to go on February 19, 2020, at 9AM. I am sorry to hear of your about the emergency. I hope it turned out well. I will be looking tomorrow for the issued permit to abate this violation. Kindest regards, Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. Sie el ucolliercountYfl.gov Desk: 239-252-2468 2 Packet Pg. 262 3 10.6.1 From: Mathew Foster <mattf0830 mail.com> Sent: Wednesday, February 5, 2020 12:13 PM L To: SiegelWalter <Walter.SiegelPcolliercountyfl.gov> N Subject: Expired permit 0 LL3 a� s EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking finks. U Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow work. I'm sorry i haven't made it there to handle it. i will have the permit paid for and scheduled to be finalized U tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email. ' M O O N O N Thank you, U Matt Fostet CD m Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to 2 a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing U d 3 Packet Pg. 263 COLLIER COUNTY Contractor Licensing Board Item Number: I LA Item Summary: Wednesday, March 18, 2020 Meeting Date: 02/19/2020 Prepared by: Title: — Contractor Licensing Board Name: Michelle Ramkissoon 02/11/2020 11:18 AM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 02/11/2020 11:18 AM Approved By: Review: Contractor Licensing Board Contractor Licensing Board Code Enforcement Contractor Licensing Board Michelle Ramkissoon Review Item Tim Crotts Additional Reviewer Michael Ossorio Review Item Everildo Ybaceta Meeting Pending 11.A 02/19/2020 Completed 02/11/2020 11:30 AM Completed 02/11/2020 4:51 PM Completed 02/12/2020 3:43 PM 02/19/2020 9:00 AM Packet Pg. 264 BEFORE THE COLLIER COUNTY CONSTRUCTION LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, V. EROL E. SANTOS-JUAREZ, D/B/A KINGDOM ELECTRIC LLC, Respondent. Case No: 2020-02 License No.: 201500001335 State Reg.No.: ER13015132 I ADMINISTRATIVE COMPLAINT Collier County (County) files the Administrative Complaint against Erol E. Santos - Juarez, D/B/A Kingdom Electric LLC, Inc, a Collier County Registered Electrical Contractor (License # 201500001335 and State Registered # ER13015132), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by the Board of Collier County Commissioners as a Registered Electrical Contractor (License No. 201500001335 and State Reg. No. ER13015132). 2, The Respondent, Erol E. Santo -Juarez is currently the Collier County qualifier and license holder of record. Obtained his qualifications by an appoved application, and was issued a Certificate Competency for an electrical contractor trade, pursuant to the Municode Sec. 22-182 for the company DIB/A/ Kingdom Electric LLC. (LCC20130002760) 3. Under the provisions of Chapter 489, Florida Statutes and Collier County Ordinance, Municode Sec. 22-202, the Collier County Construction Licensing Board (Board) are authorized to impose penalties against a holder of a Collier County Certificate of Competency. 4. On January 17, 2020 received a preliminary complaint from Reto Kramer, regarding Kingdom Electric LLC, and the installation of electrical service lines, boxes, underground conduit and switches, for the koi pond project at 9126 The Lane, without the necessary permits. The County's database (CityView Portal) revealed no permits for electrical service lines to the koi pond. 5. Respondent Erol E. Santo -Juarez was the sub -contractor, hired by Thomas R. Williams dba Williams Magical Garden Center & Landscape, to provide electrical services for Reto Kramer's koi pond project, for the contract price of $2,540. 6. The Chief Building Official, Jonathan Walsh, on January 15, 2020, under oath, made a determination before the Licensing Board, that a permit, and all applicable inspections would be required for the electrical installation of the koi pond located at the Kramer residence at 9126 The Lane. 7. On January 22, 2020, Respondent Erol E. Santo -Juarez was advised there was a Preliminary Complaint filed by Reto Kramer for the installation of electrical service lines, boxes, underground conduit and switches, for the koi pond project at 9126 The Lane, without the necessary permits. 8. On January 22, 2020, Respondent Erol E. Santo -Juarez, D/B/A Kingdom Electric LLC, was shown a copy of an invoice for electrical installation of the koi pond for the Kramer residence at 9126 The Lane. The Respondent confirmed that was his invoice and the work had been completed without inspections or permits. 9. Thereafter, pursuant to Chapter 489, Florida Statutes and Collier County Municode Sec. 22-202, the Contractor Licensing Supervisor determined there exists sufficient cause to warrant the filing of formal charges. 10. On January 22, 2020, Respondent Mr. Santo -Juarez was issued a Notice of Hearing to appear before Collier County Contractors' Licensing Board on February 19, 2020, at 9:00 AM for misconduct. The notice was hand delivered and signed by the Respondent, pursuant to Municode Sec. 22-202 and Florida Statute 162 regarding notice. 11. The County now brings the following count in this Administrative Complaint against the Respondent: COUNT! A. Collier County Chief Building Official, Jonathan Walsh, reviewed the electrical work by Kingdiom Electric LLC (License # 201 500001 335 1 State Registered # ER13015132) and stated that electrical work conducted for the installation of the koi pond project requires a building permit, and should have been obtained before commencing the work. B. The Respondent Erol E. Santos -Juarez, D/B/A Kingdom Electric LLC, Inc , admitted that he contracted and invoiced for the electrical services and states the following "1 contracted the electrical work and did not pull the permit because when 1 asked Dana about the permit, she said they (Williams Magical Garden and Landscape) would be pulling the permit. 1 called her a few days later and asked if the inspections passed and she aid everthing went okay". C. Collier County Municode Sec. 22-201 (18) states, in pertinent part, that it is misconduct for a Collier County Certificate of Competency holder to proceed on any job without obtaining applicable permits or inspections from the City Building and Zoning Division or the County Building review and permitting department and violating the applicable building codes or laws of the state, city, or Collier County. 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 charged. Dated: ,zlydl2� Sign Collier County Contractor Licensing Supervisor Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 34104 Complaint Number- 2020-02 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. Complaint: Please print or type and return signed copies of the complaint. Date: January 22, 2020 Against: Contractor's Name: Erol E. Santos -Juarez Phone: 239-645-8139 Business Name: Kingdom Electric LLC License Number if known: 201500001335, State Registration No.: ER13015132 Contractor's Business Address: 1750 J & C Blvd Suite 4, Naples FL 34109 Filed By: Name: Collier County Contractor Licensing Officer/ Ivan 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 Date of contract: August 8, 2018 Date job started: August 31, 2018 Date job completed or new home occupied: YES Were there plans and specifications? NO Is there a written contract? YES. If yes, amount of Contract: $2,540.00 Has the Contractor been paid in full? YES If not, what amount? Was a Building Permit obtained? NO Was a Building Permit required? YES Building Permit number if known: N/A Have you communicated by letter with the licensee? YES Date: January 22, 2020, Do you have a reply? N/A Please attach to this form all copies of the purchase agreement, building contract, home improvement contract, copies of receipts and/or canceled checks available and any additional evidence to substantiate your allegations. List any subsections of Section 4 of Collier County Ordinance number 90- 105, as amended, which, in your opinion, have been violated by the contractor which is the subject of this complaint, (list subsection number): 1- Municode Sec. 22-201(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 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- A preliminary complaint was received on January 17, 2020, from Reto Kramer, regarding the installation of electrical service lines for the koi pond project at 9126 The Lane, without the necessary permit. The County's database (CityView Portal) revealed no building permits for the service lines. 2- On January 15, 2020, under oath, Collier County's Chief Building Official, Jonathan Walsh, made a determination before the Contractor's Licensing Board, the electrical work installed and connected at 9126 The Lane required a permit and all the required inspections. 3- Respondent Erol E. Santos -Juarez D/B/A Kingdom Electric LLC entered into a contract with Williams Magical Garden Center & Landscape to provide electrical services for Reto Kramer's koi pond project, for the contract price of $2,540. The subcontracted contract was paid in full. On November 20, 2019, the contract between the two companies was received. The electrical work and lack of a permit caused financial harm to the homeowner. Ivan Afanador State of: Florida County of: Collier Sworn to (or affirmed) and subscribed before me this day of F -e !`)(UC l 1 �_ 1 2020, �R by 'CLC1 Q (signature of person making statement). I (signature of Notary Public) Print, type or stamp commissioned name of Notary Public:�QIL1 ��tiC ll� �;GS cYP,..c AMICHEI,ECASM Personally known t,/ _orproduced identifications Commission# GG 140209 o Expires August 39, 2021 i'FOF F`oe Bonded Thm Budget HMery ServicK Co�ie�- County Growth Management Division Planning & Regulation Operations Department Licensing Section January 22, 2020 Erol E. Santos -Juarez d/b/a — Kingdom Electric LLC 2336 54"}' Ter SW Naples, FL 34116 RE: Case # CEMIS20200000684 — 9126 The Lane Dear Mr. Santos -Juarez, A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday, February 19th, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section(s) 22-201, (18), the range of disciplinary sanctions which may be imposed are from (1) Revocation, (2) Suspension, and (3) Denial of the issuance or renewal of a Collier County license #201500001335 (Electrical Contr. Registered; (4) A period of probation of reasonable 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 of the 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 of the violation. Sincerely, Ivan A ana or n (O(�C��s Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-8019 Growth Management Division' Planning & Regulation*2800 North Horseshoe Drive*Naples, Florida 34104'239-252-2400*www.coiliergov.net �... ...01 Contractor Licensing C,`61 tewr Cou"ty 2800 N. Horseshoe Dr. 34104 Growth Management Department Naples, Phone _ 239-252-2431 Fax - 239-252-2469 PRELIMINARY COMPLAINT FORM Please complete this form to the best of your abilities. Also include with this form any documents you would like to be reviewed as evidence for this case. This can include Contracts, Copies of Checks, Permits, Liens, etc. Complainant's Name: �O Date:, Home address: a Street City • • E - • • ft Telephone230(- 24 COMPLAINT INFORMATION: 3y�0 '� Zip Address of Complaint: :2 S' \e.SI.J N���s � L- '-�;A Street City `�� State Zip Company Name: C�►ovh �� r! Contractor/Person in Charger t c7,-��C.���� U� cel icense #: Zd1S�� 0\'511S Telephone: 2OJC�J%"As- 061 3!?S _ Date of Contract: COMPLAINT DETAILS (ATTACH ADDITIONAL SHEETS IF NECESSARY C5 v1 SIGNATURE: PRELIMINARY COMPLAINT FORM REV 4/12/18 Cd*ergov.net Report Title: Code Case Details Date: 1127/2020 1:10:48 PM Case Number: cemis20200000684 Case Number: CEMIS20200000684 Case Type: Misconduct Priority: Normal Inspector: IvanAfanador Status: Refer to CLB Date & Time Entered: 1/21/2020 9:08:19 AM Entered By: IvanAfanador Case Disposition: Case Pending Jurisdiction: Collier County Origin: Complaint Detail Description: Received a complaint concerning the installation of electrical outlets without a building permit for a koi pond filtration system at 9126 The Lane, Naples FL 34104. Location Comments: 19126 The Lane, Naples FL 34104. Folio: 30780840000 Address9126 The Lane, Naples Property 130780840000 Contractor KINGDOM ELECTRIC INC Property Owner KRAMER, RETO & DOROTHY LOUISE Qualifier SANTOS JUAREZ, EROL E. Business Management & Budget Office 1 Code Case Details Execution Date 1/27/2020 1:10:48 PM Desc Assigned Required Completed Outcome Comments Preliminary Investigation IvanAfanador 1/17/2020 1/21/2020 Needs On 111712020, 1 received a complaint Investigatio concerning the installation of electrical outlets n without a building permit for a koi pond filtration system at 9126 The Lane, Naples FL 34104. Included in the documents are photographs of the work and a copy of the invoice. A meeting was held with the homeowner, Reto Kramer, to discuss the work that was conducted. Needs Investigation. Cont. Investigation IvanAfanador 1/17/2020 1/21/2020 Complete On 111712020, a permit review revealed a permit was never applied for. It should be noted that the electrical outlets were completed and a connection to the electrical panel was made. The contractor proceeded to complete the job without the necessary inspections. Records indicate that Erol E. Santo -Juarez (dba) Kingdom Electric LLC is a Collier County certified electrical contractor. Schedule for CLB IvanAfanador 1/22/2020 1/24/2020 Complete Board is scheduled for February 19, 2020 at 9:00 AM. Notice of Hearing was personally served to Erol E. Santos -Juarez on January 22, 2019. Generate CLB Notice of Hearing IvanAfanador 1/2212020 1124/2020 Complete Board is scheduled for February 19, 2020 at 9:00 AM. Notice of Hearing was personally served to Erol E. Santos -Juarez on January 22, 2019. Investigation IvanAfanador 1/22/2020 1124/2020 Refer to CLB Cont. Investigation IvanAfanador 1/22/2020 1/22/2020 Complete On 1122/2020, a meeting with Erol E. Santo - Juarez was conducted. Mr. Santo -Juarez was shown pictures of the electrical work for the koi pond project and stated he conducted the electrical work and made the connection to the electrical panel. Mr. Santo -Juarez also stated he did not pull the permit because when he inquired about the permit, Dana Torkko stated they JVViIliams Magical Garden and Landscape] would be applying for the permit. He further stated a few days after he completed the electrical work, he asked if the inspections passed and Dana said, everything went okay'. I personally served Mr. Santo -Juarez a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM regarding the violation. Enter Hearing Results IvanAfanador 2/20/2020 Pending Business Management & Budget Office Code Case Details Execution Date 1/27/2020 1:10:48 PM Violation Description Status Entered Corrected Amount Comments 4.1 Misconduct-CountylCity Certificate of Competency Open 1/21/2020 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 3 COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION LCC20150002657 Certification Information Collier County Board of County Commissioners Date: August 12, 2019 DBA: KINGDOM ELECTRIC INC ADDRESS: 1750 J & C BLVD SUITE 4 NAPLES, FL 34109 PHONE: 239-645-8139 CELL: FAX: LICENSEE NBR: LCC20150002657 QUALIFIER: TYPE: CLASS CODE STATE REG NBR: ER13015132 ISSUANCE NBR: STATE REG EXPIRATION: August 31, 2020 INSURANCE: General Liability May 19, 2020 Worker's Camp Exemption April 21, 2020 Worker's Compensation August 05, 2020 SANTOS JUAREZ, EROL E. ELECTRICAL CONTR.-REGISTERED 2000 201500001335 ORIG ISSD: COUNTY EXPIRATION: July 10, 2015 September 30, 2020 NOTE: It 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 Marco * City of Naples Contractor Licensing ELECTRICAL CONTR.-REGISTERED Cert Nbr: County Exp: Status: LCC20150002657 September 30, 2020 Active State Reg Nbr: State Reg Exp: ER13015132 August 31, 2020 KINGDOM ELECTRIC INC SANTOS JUAREZ, EROL E. 1750 3 & C BLVD SUITE 4 NAPLES, FL 34109 Signed: DBPR - SANTOS-JUAREZ, FROL E; Doing Business As: KINGDOM ELECTRIC INC... Page 1 of 1 10:37:245 AM 10!28/2019 Licensee Details Licensee Information Name: Main Address: County: License Mailing: LicenseLocation: License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Special Qualifications Collier Alternate Names SANTOS-JUAREZ, EROL E (Primary Name) KINGDOM ELECTRIC INC (DBA Name) 2339 54TH TER SW NAPLES Florida 34116 COLLIER Registered Electrical Contractor Reg Electrical ER13015132 Current,Active 07/16/2015 08/31/2020 Qualification Effective 07/16/2015 View Related Licen&e Information Vi w Ligense Complain 2-01 Blair Stone Road, Tallahassee FIL j2M :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released In response to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. https://www.myfloridalicense.comALicenseDetail.asp?SID=&id=4E43A4A77F5BB5FEO... 10/28/2019 License Application Status - 0tvView Portal Page 1 of 1 u GMD Public Portal License Application Status Note: You can collapse and expand individual sections by clicking the header of the section you wish to collapse/expand. — License Application Summary i{pplication Number: LCC20150002657 Business Name: KINGDOM ELECTRIC INC License Type: Contractor Application Status: Active Description of Business: Business Tax Numb: 150175 Mailing Address: 1750 J & C BLVD SUITE 4 NAPLES FL 34109 E{ ROL E. SANTOS 1UAREZ Kekingdomelectnc@gmail.com Issuances Type Date Issued Data Expires Status Number ELECTRICAL CONTR.-REGISTERED 07/10/2015 09/30/2020 Actiye 201500001335 — Submittals There are no submittals for this license application. — Reviews There are no reviews for this license application. — Insurance Producer I Type Pol cy Effective Date Expiry Date Welt ACENTRIA INC. fT MYERS OFFICE General Liability 000833260 05/19/2019 05/19/2020 $2,000,000.00 Expiration Processed: No Producer Phone Number: 239-939-1010 E{ ROL E. SANTOS 1UAREZ Workers Comp Exemption (QUALIFIER) 04/22/2016 04/21/2020 Expiration Processed: No 3 I ACENTRIA INC. FT MYERS OFFICE Worker's 521-13136 Compensation 08/05/2019 08/05/2020 Expiration Processed: No Producer Phone Number: 239-939-1010 http://cvportal.colliergov.net/CityViewWeb/License/Status?licenseld=143729 10/28/2019 , l �N Gi41D Operations & Regulatory Management �W 4 r Licensing Section 2800 North Horseshoe Drive1) Wro Naples, FL 34104 APPLICATION FOR Al COLLIER COUNTY/CITY OF NAPLES/CITY OF MARN Inti' • . f' s FIR NI iINSTRUTIONS: This application must be typewritten or legibly printed. The application fee must be paid upon approval and is not refundable. All checks should be made payable to: Collier County Board of County Commissioners. For further information, consult Collier County Ordinance No. 90-105, as amended. NAME OF COIMTA.NY: rr rr Exact Corporate/Business Name: yin� o C e C't" t LC Fiction Name/ DBA: c Qualifier Name: L r o; E S ay► 'V os Physical Address: - 2 339 S� tb ::)r-qr S uJ f0qpfes FL 3q1 1 6 (Number & Street) (City) (State) : (Zip Code) Mailing Address: 2335 — Sy t'' % a r S'C-i %ye.pba 5 FG 3 y Ij j� (Number & Street) (City) (State) (`Lip Code) Telephone: 2%13 3 '/o `�—�/V E OF LICENSE: General $230.00 Building $230.00 Residential $230.00 Mechanical $230.00 Roofing $230.00 E-mail: Specialty Trade: 11( t'� t { _ E; ; 4 4 r.� f �r CHANGE OF STATUS: ( ) Reinstatement ( ) From One Business to Another Page 1 of 4 Electrician $230.00 Plumber $230.00 Air Conditioner $230.00 Swimming Pool $230.00 Specialty $205.00 ( ) Dormant License to Active it DATE 1MMtDD(YYYYI ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill 8/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Team Acentrla Insurance- Ft. Myers Office PHNE FAX 4091 Colonial Blvd _IA10.ONo.ExtY.239-939-1010 1 VC, 1239-939-7172 Fort flyers FL 33966 ADDRESS: coifm@acentria.com INSURENSI AFFORDING COVERAGE NAIL N INSURED KINGELE-01 INSURER 0: Oki Dominion Insurance CO. 40231 Kingdom Electric. Inc. 1750 J & C Blvd Suite 4 INSURER C; James River Ins Co 12203 Naples FL 34109 INSURER D: INSURER E COVERAGES CERTIFICATE NUMBER' B9110S732 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADOL'SUBRI POLICY EFF PoulIMWDD P LTTR TYPE OF INSURANCE POLICY NUMBER MII LIMITS C X COMMERCIAL GENERAL LIABILITY 00083326-1 57192019 5!1912020 EACH OCCURRENCE 51,000.000 _ CLAIMS -MADE I -XI OCCUR PREM ES Esacwrrence 550,000 MED EXP (Any one person) S 5,000 PERSONAL 8, ADV INJURY 51,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2.130(1 X POLICY —1 PRO !ECT LOC _ PRODUCT$ - COMwOPAGG $2,000.000 OTHER F $ B AUTOMOBILE LIABILITY SITW88Z 21122019 2!12/2020 E® aBcl deDtSINGLE LI IT $ 1,000,000 BODILY INJURY (Per person} 5 X ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per eocident) S AUTOS AUTOS X X NON -OWNED PROPERTY DAMAGE 5 HIRED AUTOS AUTOS Peraca nt PIP $10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ �EXCESSSLLIIAO CLAIMS -MADE AGGREGATE S S pED RETENTIONS WORKERS COMPENSATION 521-13136 81SRD19 8152020 X AND EMPLOYERS' LIABILITY Y 1 N STAT TE ERH ANY PR CPR IETORIPARTNER!EXECUTIVE E_I EACH ACCIDENT 5500,000 OFFICERIMEM BER FXCLUDED7 FY]NIA {Mandatory In NHI E L DISEASE - EA EMPLOYEE S50,000 fyes ,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $500000 I DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remark. Schedule, maybe attached if more space Is requlredl Owners/Offcers Excluded from Workers Compensation Benefits, Erol Santos stn I fYII,A I t I"IVLUtht GANGELLA HUN COLLIER COUNTY CONTRACTORS LICENSING 2800 N. HORSESHOE DRIVE NAPLES FL 34104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (2)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 {2014101) The ACORD name and logo are registered marks of ACORD Name: RETO KRAMER Address: 9126 THE LANE City, St, Zip NAPLES, FL 34109 Phone 239-248-6315 Email: retokramer@gmail.com Date of job: AUGUST 13, 2018 pubmit'by Email F Print Form 1717 PINE RIDGE ROAD • NAPLES, FLORIDA 34109 • 239-597-4414 o Fax 239-597-7044 WORKING AGREEMENT hereby contract with Williams Magical Garden Center & Landscape (WMG) to perform services, as detailed below. In exchange for these services, I agree to pay (WMG) $52,000.00 according to the following payment schedule at the bottom of this agreement. JOB DESCRIPTION: Description of work: Landsca e 0 Irrigatiort Tree D Pest D landscape Design p WILLIAMS MAGICAL WILL COMPLETE THE FOLLOWING: 1.) INSTALL KOI POND PER THE ATTACHED DRAWING 20X35 a.) parts and plant list is attached b.) Monet Bridge 4'x8' (I) c.) Boulders will be mixed smooth browns, grays with some white d.) Bond Beam will be install e.) Electric and Plumbing f.) 4 Bottom drains (2) with aerated and (2) non-aerated bottom drain g.) (2) Auto fills 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 DRAWING 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 AQUAPONIC BED - WITH TRELLIS ABOVE WITH QUEENS WREATH INSTALLED 9.) INSTALL KOI CLEAR LOOK OUT IN POND 10) (15) LED Lights and (1) Transformer I expect these services to begin no sooner than 08/13/2018 or later than 8/14/2018 I am aware that more detailed information regarding this contract for services is printed on the reverse side of this contract. I agree to pay (WMG) according to the following pay dole: DOWN PAYMENT 26,000 I TERIM PAYMENT 13,000 I have read and accept all of the Terms and Co offs. initials o�w nwlr rx.r rry rnf N�rli � — It 13,000 •R � r +/if rr n rex ,v:ArtMre:r JOB TOTAL 52,000 In the event this proposal is for a desig will apply: I expect to pay an earnest money payment of S ifor this proposal on receipt of this design. I understand I have the right to: a. ontract (WMQ to perform landscaping services as proposed, against which my earnest money payment will apply. b.) Not contract IWMG's) services and own all parts of the proposal for an additional DATE: 08!07/20 8 DATE: (WMQ Signature Client Signature -1_ Williams Magical Garden Center & Landscape, Inc. 1717 Pine Ridge Road Naples, FL 34109 Vendor Kingdom Electric Inc. 2339 54th Ter SW Naples, FL 34116 Expenses Bill Dale'—" Ref. No. 10/01/2018 1489 Bill Due 10/11/2018 Terms Memo Account Memo Amount Customer:Job Class Subcontracted Services electric 2,540.00 Kramer, Reto:08-13-2018 Landscape Landscape Expense Total : 2,540.00 Bill Total : $2,540.00 [A] 105.1 Required Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building ofcial and obtain the required permit. [A] 105.1.1 Annual facility permit In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building ofcialis authorized to issue an annual permirfor any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary, An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. [A] 105.1.2 Annual permit records The person to whom an annual permitis issued shall keep a detailed record of alterations made under such annual permit The building officialshall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit In accordance with Section 500.12, Florida Statutes. a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool The local enforcing agency may not issue a building permit to construct, develop, or modify a publicswimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health, Collier County, FL Code of C lances Page 1 of S Sec. 22-201. - Misconduct—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. If any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board. In addition if such individual is the only certified individual affiliated with the business organization, the business organization shall notify the Board of the individual's termination and shall have no more than sixty (60) days from the date of termination of the individual's affiliation with the business organization in which to affiliate with another person certified under the provisions of this article. In any event, the business organization shall not enter into any new contracts and may not engage in any new contracting until such time as a qualifying agent is employed. (2) Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. (3) Abandoning a construction project in which he/she is engaged or under contract as a contractor, A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the Collier County, FL Code of C lances Page 2 of 5 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. (S) Departing from or disregarding in any material respect the plans or specifications of a construction job without the consent of the owner or his duly authorized representative. (b) 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 circumstances: 1. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens; 2. The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of .,"--f-►.ice-U 11 /76/?019 Collier County, FL Code of O*mow iances 1--� Page 3 of 5 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. 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 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 -Li. 1 1 /1)0�/1)W Q Collier County, FL Code of C%NO,iances Page 4 of 5 by the Contractors' Licensing Board, or its designee. (13) t=ailing 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. (15) Being convicted or found guilty, regardless of adjudication, of a crime in Collier County which directly relates to the practice of contracting or the ability to practice contracting. (16) Allowing another to take a qualifying examination on the applicant's behalf. (17) Engaging in contracting business in Collier County or the City when prohibited from doing so by the Contractors' Licensing Board of Collier County. (18) 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 qualifying agent for a business entity engaging in contracting. (20) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for subcontracted work, labor, or materials which results in a 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. §§ 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). 010 Out -111,4L.. 4 January 15, 2020 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD January 15, 2020 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," 3`d 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 Patrick G. White ALSO PRESENT: Michael Ossorio — Director, Code Enforcement Jonathan Walsh — Chief Building Official Kevin Noell, Esq. — Assistant Collier County Attorney Jed Schneck, Esq. — Attorney for the Contractors' Licensing Board Ruben Martinez — Contractors' Licensing Compliance Officer January 15, 2020 Chairman Lantz: Are there any other questions for Mr. Kramer? Assistant County Attorney Noell: The County calls Mr. Walsh. Patrick White: Mr. Noell, are you going to want to proffer in any regard Mr. Walsh's Expert Witness status, or not? Assistant County Attorney Noell: Probably not — I'll probably just do it through direct questions. Patrick White: Fair enough. Examination of the Countv's Witness by Assistant Countv Attornev Noell: Q. Sir, please state your name for the record. A. Jonathan Walsh. Q. And, sir, how are you employed? A. I work for Collier County as the Chief Building Official. Q. And what are you duties as the Chief Building Official? A. To enforce and oversee the application of the Florida Building Code. Q. Is it part of your responsibility to determine whether certain areas of work or types of work require permits? A. Yes. Q. Did you do that in this case? A. Prior to or after construction? Q. At any time. A. Yes. Q. Okay. What is your educational background? Could you let us know what degrees you have and where you have these degrees? A. I am a graduate of Manhattan College in New York with a degree in Civil Engineering. I am licensed in the State of New York and in the State of Florida as a Professional Engineer. I am Plan Reviewer, Inspector, and Building Official for the State of Florida. Q. How long have you been a Professional Engineer? A. Since 2005. How long have you held the current position that you hold as the Chief Building Official? A. 2013, 1 believe. Q. I don't believe that in the quasi-judicial court I need to tender him as an Expert. Sir, what all did you review in coming to your conclusion on whether a permit and what type of permit was needed for this work? A. It was first brought to my attention as a Code Enforcement case and 1 made a determination — I believe sometime in October 2019, at one of our weekly hearings — I made a notation either on a picture or on one of their forms that a permit was required. After that, there were further discussions with County Staff. I sent my Chiefs to walk the site and I think an Inspector or Plan Reviewer also attended. Unfortunately, my schedule didn't permit me to inspect the job site. They returned with very clear opinions about what had been done — supported by pictures — and my decision was based that information. 22 January 15, 2020 Patrick White: Mr. Walsh, you said "hearings" earlier — did you mean "meetings?" Jonathan Walsh: Sorry, yes ... meetings with Staff. Patrick White: Thank you. Q. And based upon your meetings with Staff and your review of the photographs and your knowledge of the Florida Building Code, what was your opinion regarding what type of permit were needed for this work to be performed? A. I believed a as an end-all/catch all, a General Building Permit was necessary, and it could incorporate the electrical and plumbing aspects. Q. What about the nature of the electrical would require a permit? A. There were obviously pumps which you could see in the photographs and there were lights —there were electrical components that were to be powered somehow — either by the extension of an existing service or by some sort of power brought out to those devices, and that would require a permit. Q. As far as the plumbing, you heard testimony that the line ... the PVC line ... was connected to a potable water line, is that correct? A. That would require a permit, yes. Q. Okay. In addition, the electrical work and the plumbing work that was performed, is it your opinion that it would require a licensed electrician to perform the electrical work and a licensed plumber to perform the plumbing work? A. Yes, it would. Assistant County Attorney Noell: I have no other questions. Cross -Examination of the County's Witness by Respondent's Attorney: Q. Mr. Walsh, when you said a General Building Permit would be needed, what it is that triggers off that necessity? A. There are multiple trades involved in this project. You have landscape, a trellis aspect, there are patios, plumbing work, electrical work — we don't allow sub permits to be pulled in a scope of work like this. So — if it was for a pool, for example, you would need a general pool permit which would incorporate the plumbing and the electrical work in it. It could also include footings or a trellis that was attached to it or a shelf or something in the construction of the pool — but it would not include the pool barrier or a screened enclosure and things of that nature. So, in this specific case for this pond, you could incorporate all of that into one General Building Permit. Q. But it's not a pool, though? A. Right, this is not a pool — this is a pond. Q. And typically, or isn't it true that typically, these kinds of projects do not require a permit? A. I'm sorry, I didn't hear you. Q. Isn't it true that typically these kinds of projects do not require a building permit? Let's take out the electrical and plumbing. If there's no electrical and no plumbing, would a permit be required for something like this? 23 kt � t '�' t • 1 N y�y � � 1 � } R '",'.�.a re ice_ � �_� .ti������� R'! '�t.ki��.:F �„ l rii M � � 3i ,u '.i'� Tt-.-.t�4 :C "�*'°�i.,,'� '�N x� a�'�5�.�'', _ � . �i�`� BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, V. Case No: 2020-03 MATTHEW M. FOSTER, License No.: CAC 1818724 FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC. D/B/A FAST AC SWFL Respondent. ADMINISTRATIVE COMPLAINT Collier County (County) files the Administrative Complaint against Matthew M. Foster, Fosters Air Supplies & Technical Services, Inc. a State Certified Air Conditioning Contractor (License No. CAC 1818724), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently the Certificate Holder by the State of Florida as a Certified Air Conditioning Contractor (License No. CAC 1818724). 2. The Respondent, Matthew M. Foster is currently the Certificate Holder and Qualifier of record for the companies Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL, and Healthier Homes Solutions LLC. 3. On September 27, 2016, the certificate holder pursuant to Florida Statutes 489.113, (4)(a), submitted his current Certificate to the Collier County Licensing Section. 4. Under the provisions of Chapter 489, Florida Statutes and Collier County Ordinance, Municode Sec. 22-202, the Collier County Contractors' Licensing Board (Board) are authorized to impose penalties against a holder of a State Certified Contractor. 5. On December 4, 2019, Pursuant to Municode Sec. 22-202, a preliminary complaint on Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL was received. The complaintant, Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL., was concerned that they would not be able to sell his home due to the numerous failed inspections of the newly installed air conditioning equipment by (Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL), the status of permit PRHV20170518428, is currently void. Mr. Van Marum has made full payment. 6. The Collier County's database (CityView Portal) revealed that Matthew M. Foster, the Respondent of Fosters Air Supplies & Technical Services, Inc., D/B/A Fast AC SWFL, applied for permit PRHV20170518428 on May 12, 2017, for the address of 4600 25th Ct. SW, Naples, FL. The permit was issued on May 18, 2017. The subsequent seven inspections failed on these dates: May 25, 2017, May 30, 2017, July 6, 2017, July 12, 2017, July 28, 2017, Sep S, 2017, Nov 9. 2017 and an "Extension of Re -Activation". was approved on or about December 1, 2017. The permit void. 7. On December 11, 2019, Respondent Matthew M. Foster, and Manager Kevin Dendal l of Fosters Air Supplies & Technical Services, Inc., D/B/A FAST AC SWFL, were both personally advised of the code violations and the voided permit at 4600 25th Ct. SW, Naples, FL. Respondent Matthew M. Foster was instructed to re -activate the permit by December 17, 2019. Respondent Matthew M. Foster was told that failure to correct the code violations may result in a hearing before the Collier County Licensing Board for a willful code violation. 8. January 14, 2020, permit PRHV20170518428 remains void. The property owner, Wiebe Van Marum was contacted and advised of the permit status. Wiebe Van Marum has had no contact with the Respondent Matthew M. Foster of Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWF. 9. On January 14, 2020, the Collier County's database (CityView Portal) search revealed that 34 days has passed and no action has been taken on permit PRHV20170518428. Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2020, at 9:00 AM for misconduct. Certified Mail (tracking #7005 1160 0000 3802 5763) to Certificate Holder's business address located in CityView for Respondent, Mathew M. Foster's new business. a. On January 16, 2020, Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The Notice of Hearing was hand - delivered to Respondent Matthew M. Foster's business of record located at 4400 Cleveland Ave., Ft. Myers, FL (Certificate address from DBPR), The Notice of Hearing was accepted by "Elijah" (employee) and Tony Savo (Scheduling Manager) who stated he would advise the Respondent, Matthew M. Foster. The employees were aware of this issue in Collier County. b. January 17, 2020, Respondent Matthew M. Foster was issued a Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The Notice of Hearing was sent to 4400 Cleveland Ave., Ft. Myers, FL., (Certificate address from DBPR) by USPS Certified Mail (tracking #7005 1160 0000 3802 5763) to the Certificate Holder's business of record for Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. 10. Thereafter, pursuant to Florida Statutes Chapter 489, and Collier County Municode Sec. 22- 202, the Contractors' Licensing Supervisor determined sufficient cause exists to warrant the filing of formal charges. 11. The County now brings the following count in this Administrative Complaint against the Respondent: COUNT A. January 27, 2020, 47 days have passed since the Respondent, Matthew M. Foster, was instructed and advised of the code violations located at Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL. After numerous phone calls, e-mails, and certified mailings the permit remains void. No attempt was made to correct the violations. B. Chief Building Official Jonathan Walsh reviewed the preliminary complaint from Wiebe Van Marum and agrees that the respondent deliberately failed to correct the code violations, constitutes a willful code violation. C. Collier County Municode Sec. 22-201.1 (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Municode Sec. 22-201.1: and WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violation charged. Dated: Z&2 Signed: Collier County Contractors' Licensing Supervisor Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, FL 34104 Complaint Number- 2020-03 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. Complaint: Please print or type and return signed copies of the complaint. Date: January 29, 2020 Against: Contractor's Name: Matthew M. Foster Phone: 239-207-7341 Business Name: Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL License Number if known: CAC1818724 Collier County Competency number: #201600000793 (A/C Class B -Certified.) Contractor's Business Address: 4400 Cleveland Ave. Ft. Myers FI. 33901 Filed By: Name: Collier County Contractor Licensing Officer/ Walter Siegel Address: 2800 N. Horseshoe Dr., Naples, FL 34104 Business Phone: 239-252-2468 Address where work is done: 4600 25th Ct. SW City: Naples County: Collier Date of contract: 04/07/2017 Date job started: April 7, 2017 Date job completed or new home occupied: UNKNOWN Were there plans and specifications? YES Is there a written contract? YES. If yes, amount of Contract: $4350.00 (Original) Has the Contractor been paid in full? YES If not, what amount? Was a Building Permit obtained? YES Was a Building Permit required? YES Building Permit number if known: PRHV20170518428 Have you communicated by letter with the licensee? YES Date: January 16, 2020 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- 105, as amended, which, in your opinion, have been violated by the contractor which is the subject of this complaint, (list subsection number): 1- Collier County Municode Sec. 22-201.1 (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: A. January 27, 2020, 47 days have passed since the Respondent, Matthew M. Foster, was instructed and advised of the code violations located at Wiebe Van Marum, property owner of 4600 25th Ct. SW, Naples, FL. After numerous phone calls, e-mails, and certified mailings the permit remains expired. No attempt was made to correct the violations. B. Chief Building Official Jonathan Walsh reviewed the preliminary complaint from Wiebe Van Marum and agrees that the respondent deliberately failed to correct the code violations, constitutes a willful code violation. Walter Siegel State of: Florida County of: Collier Sworn to (or affirmed) and subscribed before me this - day of�, 2020, by WCC 4& - � i. eco (signature of person making statement). (signature of Notary Public) f Print, type or stamp commissioned name of Notary Public: "l t �µYf VERAMICHELLBCUT0 Personally known or produced identification , * Commission# GG 140= o� Expires August 31, 2021 i�0i FLDa BondW ih[u BudyelNuyry S�nlpr 11-� �(6? )-R TO 04, Contractor Licensing CO�er GoUnt�' 2800 N. Horseshoe Dr. DEC — J � Naples, FL 34104 Growth Management Department Phone Phone - 239-252-2431 Fax - 239-252-2469 PRELIMINARY COMPLAINT FORM Please complete this form to the best of your abilities. Also include with this form any documents you would like to be reviewed as evidence for this case. This can include Contracts, Copies of Checks, Permits, Liens. etc. Complainant's Name: W }F b—E I U -'W In " L) #1 _ Date: /a,, 031 ai Home address .4 o O S 24 C� S L✓ Street Email: W 1 V U Telephone: O ! d COMPLAINT INFORMATION: Address of Complaint:[ city m City state Zip Stale Zip Company Name: S L Er' + ��C Nic Contractor/Person in Charge. Telephone. License #: L S Date of Contract:Sr 2O 16 COMPLAINT DETAILS ATTACH ADDITIONAL SHEETS IF NECESSARY H2O 1 rri SIGNATURE. 7�C T/o" o .? %2 y 6 6 SEN o•� �o � alv� Ro.6L.c_-rn . �[✓ 'Z - ?7— PRELIMINARY COMPLAINT FORM REV 4/12/18 Im Co ler County Growth Management Department Operations & Regulatory Management Division .c.02ration & Regulator-, 1-lanagement/Licensing Section st? t- State Certified Voluntary Registration Form Instructions: The registration fee of s 1!).Ou must accompany this application. The fee is not refundable after the application has been accepted and entered on the records. All checks should be made payable to the "Board of Collier County Commissioners". Name of License Holder: Fp54<A- Ma {} IejLJ M Last First Ml Home Address: - rr0.ri Home Phone: 0,32 -90.1- i3`tI Street: Apt #: City: Nye- D--1,4 State: F I Zip Code: 3`-W1 rc) Email: SLA krovn Name of Company: Cos kcA 5 Nor 1 ,t.n- Business Phone: 9- 74 Mobile Phone: Fax:'339- a3G 035 l Mailing Address: Llar_1tat i(�. State bcenseNumber: CAC. 1% IS `Q x{ Street: Apt #: City: F0r4 1`n 4efs State: F Zip Code: 339 O's Physical Address (J different from mailing address): Street: City: License Holder's Signature: State: Zip Code: Apt #: Contractor Licensing Cr0 -Jer C,'0141Ity 2800 N. Horseshoe Dr Growth Management Department Naples, FL 34104 Phone - 239-252-2431 Fax -239-252-2469 COLLIER COUNTY 2018 - 2020 LICENSE RENEWAL -STATE. CERTIFIED Please complete the following information to renew your Certificate of Competency with Collier County for 2018 - 2020. Please update any information as necessary for us to add to the system. 1?1�ometh!ng has changed, please make sure to update our information. License Hotder: M. Last Mame First Name Mi Horne Address S4 J o 6_r(o f t -Nic. Not kaf" 0�, IF _ 3 4 1 Lt �- SLeel City state Zip E-mail address: " �--zr (� .S+a t (SWS �,c U +M Driver's License # (Last 4 only): 1D a c) Date of Birth, Crp zgj State License # L Iq C, 1.67? (;- q_ r ` Name of Company: ���I;�s �oIG4� L}tCej iC D.B.A Mailing Address: HOC) C) �e e-1CA 4je. F�'�h w I FC -�!XIy f Street city Slate Zip Business phone: 2,35- 3CD2'60`7{ _Cell: Fax: 73-2 ` 333-1.31 E-mail address: License Holder's Signature: Page 2of2 RENEWAL -STATE CERTIFIED 2018- 2020 DBPR - FOSTER, MATTHEvv MICHAEL; Doing Business As: FAS1 AC SWFL, Certi... Page I of I 2:24.48 AM 12)312019 Licensee Details Licensee Information Name: Main Address: County: License Mailing: License Location: County: License Information License Type: Rank: License Number: status: Licensure Date: Expires; Special Qualifications Class B Construction Business Alternate Names FOSTER, MATTHEW MICHAEL (Primary Name) FAST AC SWFL (DBA Name) 5438 FERRARI AVE AVE MARIA Florida 34142 COLLIER 4400 CLEVELAND AVENUE FORT MYERS FL 33901 LEE Certified Air Conditioning Contractor Cert Air CACIS18724 Current,Active 08/05/2016 08/31/2020 Qualification Effective 08/05/2016 08/05/2016 View Related License L[i Qrmation View License Com lai 2601 Stair Stone Road. Tallahassee FL 32392, :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. tate of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not Send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850,487.1395. "Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one, The emads. provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. https://www.my#loridalicense.com/LicenseDetail.asp?SID=&id=E541 B4CF9921 ADBAOB... 12/3/2019 1./ RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY dba STATEOF FLORIDA DEPARTMENT OF BUSINEn-A FESSIONAL REGULATION k Q71 CONSTRUCTS ". tNG BOARD THE CLASS B AIR CON ,,ERTIFIED UNDER THE PIR VI B95 F TktLJTES F - FOS x�'SS 4 xEXPIRA Always verify fi ❑. 0 Do no '� This is your license. It is unlawfi RICK SCOTT, GOVERNOR LICENSE MUMMER KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD I he CLASS B AIR CONDITIONING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS Expiration date AUG 31 2018 FOSTER, MATTHEW MICHAEL FOSTERS AIR SUPPLIES & TECHNICAL SERVICES. INC 5438 FERRARI AVE AVE MARIA FL 34142 ISSUED 0857 2016 DISPLAY AS REQUIRED BY LAW SEa u L1 6080 700004 1 6 ACORO® 7098 IMMODNYYY) �� CERTIFICATE OF LIABILITY INSURANCE /o2/201a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEN. TI41' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed H SUBROGATION 13 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer flithts to the certificale holder In lieu of such endorsement(s). PRODUCER WNTACT Smith Insurance c Bonds .NAME, _ _ Matthew T Smith 2039 N. rirst Street PHbNE 866 976-2185 FAX 239 791-1074 Suite 7 E -"L sort "rs FL 33901 ADDRESSF Mani th@ fl sure tybwnde.cock_ INSLL • AFFORDING COVERAGE NAIL!_ _ _ INSURERA: Frank Kinaton Crum Insurance 111600 INSURED 0301 3ez-vela Fosters Air Supplies i Technical Services, ursuRERD:1lasaeiatad Industciaa Insurance 23140 Inc. INil1/1ERC, 4400 Cleveland Ave. INWRER0: Fort Myers FL 33401 01SUR8R E c INSURM F: COVFRAGFS CERTIFICATE NUMBER- Cert zD 562 Rr-VICIAN NtIAAkCp- THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JIM LingYHE OF INWJRAkCE A 9 PO Y HUM6ER POLICY EF � LIMITS A X COMAlJtCVLQ&NERALLM&LiTY CLAM S -MAD£ X❑ OCCUR GILFL11275302 08/11/2018 Oi/11/2619P EACH OCCURRENCE 1 1,000,000 MISER EN DwOnIftool f 100,000 MfD E)0+(Arrf one errMl) s 5,000 PERSONAL iADV1"RY f 1,000,000 GE78L AGGREGATE LONT APPLES PER X POLICY FILOC OTHER OENERALAOOREQX E s 2,000,000 PRODUCTS � COMPADP AGG s ;,000,000 f AUTOM06ILE LIABILITY ANY AUTO . OANED 8CHEOULED AUTOS ONLY AUTOS HIRED NON-0W"IED AUTOS OdLY AUTOS ON:Y I I I NEO NOLE LIN I s DODLY IMMY (Pr peram) f _. j 90DRY IINJURY tear a dMM s PR s few s UMMEUAU" axcas Lw H OCCUR CLAIMS�MDE I EACHOCORUIEMM f AGGMEGATE s DED RETtENT)ON S 8 1.0 WORKERS COMPENSATION AND SINKOYERa'LLARMTTY Y! ANYPROPRIETORIPARTNMEXECUTNE OFFICEWMEMB£REXCLUDED7 )g (Mandatory in PK If yyss�, daecrbe under RIPTION OF DREAATIONS below NIA AKIC1110i47 '07/01/2018 0]/01/201 X ST TU E.L EACH ACCIDENT s 1 000 000 E.L. DISEASE • EA EMPLOYEE f 1:000, 000 E.L. CKSEA3E - POLICY LIMIT 2,000,000 i f DESCRIPTION OF OPERATIONS I LOCATIOIIS I VEHICLES 4ACORD I01, Addidenel Romecke Seho4uh, may ba attaehad N mora apace la rapu4radI LICK I Ir Collier County 2800 N. Horseshoe, Dr. Naples rL 34104 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRFOREPRE8ENTATIVF J4 zz ®1988-2015 ACORD CORPORATION_ All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD nce --f 2 �asTa� ��r FelrfsNsurplYwi7drsalSrrl[s�we 5011 Luckett Road #2 Fort Myers, FL 33905 239-362-0074 office@fastairswfl.com Uc # CACIS18724 ' E D Package AZ Horizontal Make f1 I. I _�if 11^ t 1 Age— � , Tonage_ Modet Serial EVAPORATOR Blower Motor Horsepower , f F.L.A° • � Am7_i r Oiled Motor Bearing Condition "r Sett Condition_ EVAPORATOR COIL Temp Drop Across Coil f Cleaned, r - Needs Cleaned I Condition ! _._ DRAIN LINE PVCJ', > Condensate Pump" Cleanout Installed --JA U Drain Line Cleaned c� — ELECTRIC HEAT Size ? watts Strip rid amps Strip #2 amps Strip #3 amps Elements Fuses Relays Controls,_ _ Name p_r Address City - Phone No._- t>�r� 5 PMA Customer U 5 Q Y t U Yes -I No Months 1 g Meat Pump ❑ Straight Cool Make Fr Tojage k.. l ivrodei _ - Serial = CONDENSER _ Heat Pressure Z Suction Pump- OutdoorTemp� �![kt1iV Adjust Charge 14 Added itis. oz. Recovered lbs, oz. COMPRESSPR F.LA If Amp,_ T• ' Hard Start kit Installed: ' FAN F.L.A. — Amps r' OtledMotor `"r•• Motor Condition r t 1,4 r C, • Horsepower CONDENSER COIL Cleaned k ! Condition)C 1 7 CONTROLS Contractor Points Relays Capacitors C;iL Outer - -.. Refrigerant Leaks Observed: U Yes - Q No Location: Leak Search/ Leak Repair. Accept Decline Must be initialed by Homeowner professloiW Itecornmendations: I am fully aware of the recommendations made by my Service Technician today and would like to Accept Decline repairs. Type of Payment U Cash U Charge ❑ Check Cjc A MC / Visa / AMEX i Discover. * ! Exp. Date Name on Card. _ _ Billing ap Make ri� - e Serial r• Date _ j Referred By 5tate3 Tip Maintenance inspection to if _ of O Heat Pump U Straight Cool Tonage Cleaned Type — Replaced Size Balanced I_J! t � t _ Calibrated i �t Volts x Am ps _ _ = watts _ , �. a - •eau — !� �C�i UPGRADES & REPAIRS k01Gi1 PMA DISCOUNT TOTAL INVESTMENT �f'�%• ` AUTHORIZATION I have authority to authorize the work outlined above. Custnmars Ngnature pate AT work oWined las been satisUdonly perfomred. It is agreed that FAST AC SWFL shall retain title to any equipment or material that may be fumWmd until final F.s7•'•�- 's I�ic-c:3 —E. .•_cr! �w 3 n': rico: c- wi ngrzE.., FAST wAC SWFL shall hun the right to remove equipment or material and will be held hanrileis for any damages rewlting from the removal thereof. i have read and fully agree to the terms on the reverse side of this form. Cus ignature 7ste Payment Is due upon services rendered. Your Serviceman is: i FAMN—W AAcTAr F.A. A. �llir Su{�l{d LT�dMkHSr�wcrq J,.c f you "re HOT, think FAST! ` NAME ADDRESS CITY/STATE/ZIP .` �, � c F L_ PHONE 'f EMAILr t c• rti AIR_ HANDL�R CONDENSER PACKAGE UNIT HEAT Make i + c _ . G: , r Make Make K -'O Size _ c — Size Size BREAKER SIZE SEER SEER SEER ` Wnri- Vort_ Hnri7. Vert. Horiz. Vert. _ I !. H MATERIALS PRODUCTION VALID TIL: f LEE: (239) 362-0074 CHARLOTTE: (941) 218-0067 59 FAX. (239) 23v-U-0a�7 office@fastairswfl.com LIC# CAC -1818724 5011 Luckett Rd 42, Ft. Myers 33905 PAYMENT METHOD Foundation Slab Vibration Pads Emergency Drain raii Float Switch X Adapt Supply Plenum Adapt Return Plenum Balance Air Flow New Plenums HEAT RECOVERY UNIT Reconnect E=xisting Hurricane Straps LINE SET Reconnect Existing Disconnect Switch AIR DISTRIBUTION X UV Purifier System Air Cleaner System Duct Cleaning ,x_ Sanitizing THERMOSTAT Ecol}ee3 n ,..�.. T_c+-M- Dehumidistat Air Handler Platform Replace Duct Work Condenser Piatform -i Crane / Rooftop Pkg. Unit Platform # of Returns Add'1 Runs WARRANTIES Labor Warranty: Part Warranty: Coil Warranty: Compressor Warranty: Preventative Maintenance Agreement: ADDITIONAL. - 1 • r We hereby propose to complete all work specified above for the following amount $ Less PPL Rebate: C Discount: $ Office & Permitting: $ Net Investment: $ ' ' C The above prices, specifications, and conditions are satisfactory and are accepted. You are autho- rized to perform the work as specified. Payment will be made as outlined. By e -Signing, you agree to all the terms here and on the applicable invoice. 14- ? - ? Document Version: 1 (8/25/2016) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRHV2017051842801 PERMIT TYPE, HV ISSUED: $Y; APPLIED DATE: 05-12-17 MASTER 0: COA: JOB ADDRESS: 4600 25th CT SW JOB DESCRIPTION: a/c change out air handler to 3 ton 15 seer 5 kw JQBPHQNE: 4600 25TH CT SW SUBDIVISION #: FLOOD MAP: FOLIO #: 35994720005 OWNER INFORMATION: VAN MARUM, WIEBE & BEVERLY 4600 25TH CT SW NAPLES, FL 34116- FCC CODE: CONSTRUCTION CODE: 0218 JOB VALUE: 54,000.00 BLOCK: ZONE: ELEVATION: SECTION -TOWNSHIP -RANGE. 27.49-26 CONTRACTOR INFORMATION: APPROVAL DATE: 05-15-17 FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC. 5438 FERRARI AVE AVE MARIA, FL 34142 CERTIFICATE#: <Nou(-o4scx> PHONE: TOTAL -RES SOFT: 0 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: S •OWER: WATER: CONTACT NAME: CONTACT PHONE: LOT: Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply withal I applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires irwork authorized by the permit is not cornmenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittees) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE, PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF EWIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 71 COLLIER COUNTY BUILDING PERMIT APPLICATION Growth Management Department 12800 N. Horseshoe Drive, Naples, Florida 34104 TEL: 239-252-2400 Plea, e�plans with the plain side out. Ensure documents are stapled inside each set of1p ans. M Residential 1 or 2 Units (Single Family/Duplex) ❑ Residential or more Units (Multi -family) ❑Commercial Permit No. Master Permit No. Nov. 1, 2014—PMR Date: Days Review: # Set of Plans: Parcel/Folio- 359964720006 ✓❑Contractor ❑Design Professional ❑Owner Builder Job Address: 4600 25TH CT SW 0 license# State Cert.,Reg.- Prefix: tae #: 1818724 Owner's Phone No.: 239-280-6262 i Company Name: Foster's Air Supplies 8 Technical Services, Inc. o Owner's Name: Wiebe Van Marum Qualifier/Professional Name: Matthew M Foster Lot:Block: Unit: 5 Contact Name; Matthew Foster i Subdivision: o Address: 4400 S. Cleveland Ave City. Ft Myers State: FI Zip: 33901 Township: Range: Section:' FEMA: BFE: Flood Zone: dFd.� F Phone 239-362-0074 Fw239-362-1603 SDP/PL:E-E-mail J ermits fastairswfl.com Address: permits@fastairswfl.com Code Case: COA: []Alteration ✓❑Mechanical QClean Agent System []LP Gas BConvenience Book Demo Mobile Home BNew Construction ❑ Fire Alarmre-Engmeered Alarm Monitoring Fire Suppression y! F"§ossit ❑Fie Door[Window Rlectric/Low Voltage lumbing, Pool �+ ire Pumps ire Sprinkler System []Standpipes Spray Booths ❑ Electric from House Re-roaf W Fuel Storage System Tents C Fence eGas Screen Enclosure Shutter a, ❑ Hoods D Underground Fire Lines pW. ❑Marine C3Sign/Flagpolc OTHER ❑ Solar ❑ Private Provider ❑ Plumbing z []Non -sprinkled [jsprinkled O ❑ Roofing [] Electrical M E 0 Septic C3 Low Voltage ;W ©M �� 0 r7Shutters ❑ Mechanical ❑DIA ❑IIIB QIVA []IVB ❑ Permit by Affidavit ;?1. ❑ VA ❑VB U U Occupancy Classification(s): Deserlptlon of Worica/e change out air handler 3 ton z E Project Name: Van Marum4000.00 Declared Value $: O NEW CONSTRUCTION /ADDITI ON ARFA ALTERATION WORK AREA - W. FT. z Hannlicable: rlStories/'Floors:_ #Units. ii;ons: U # Bedrooms: #Baths: RESIDENTIAL: Living: Non -living: PC4 RESIDENTIAL: Living: Ncn-living: Total sq. ft- TOTAL SQ. FT.: e4 COMMERCIAL: COMMERCIAL: Interior: __ EXterloC: #Fixtures:-_ Interior: Exteri0T: Total: TOTAL SQ. FT.: SEWAGE: rA ❑ Septic ❑ Ave Maria ❑City o f \aples ❑ Collier County ❑ Golden Cate City ❑ lmmokalee [] Orange Tree E:] (flier WATER SUPPLY: Well ❑ Ave Maria City ofNap.es 0 Collier County ❑ Golden Gate City 0 Lmmokalee 0 Orange Tree ❑Other Application/Plans Discrepancies — Customer Acknowledgement of possible rejection for the following missed information: 1. Square tootage discrepancies 2. Occupancy Classification/Construction type not provided 3. Required documents not certified 4. Incomplete Plan Sets or Drawings 5. Sets not identical Nov. 1, 2014—PMR Date: Days Review: # Set of Plans: QUALIFIERS PAGE ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS Application is hereby made to obtain a permit to do the work and Installations as indicated. I certify that no worm or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in tnis jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if not commenced within 180 days from the date of issuance. The permittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is issued. By signing this permit application, I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Review and Permitting De partment should I no longer be the contractor responsible for providing said contracting services. I further agree that I understand that the review and issuing of this permit does not exempt me from complying with all County Cocos and Ordinances. It is further understood that the property owner/permittee is the owner of the permit. FlNate: If change of contractor, please provide the following: Permit Number: E-mail Address: Tel: L COMPANY NAME:'STATE LICENSE NO: CAC -1$18724 QUALIFIER'S NAME (PRINT) : Matthew Foster QUALIFIER'S SIGNATURE STATE OF: Florida COUNTY OF: Lee SWORN TO (OR AFFIRMED) AND SUBSCRIBED BEFORE ME THIS WHO IS PERSONALLY KNOwm OR AS PRODUCED Ill KEVINOENOALL TYPF OF ID: MY COh10.115S10N # GG 096533 r;o EXPIRES: Alrril 20.2021 NOTARY PUBLIC SIGNATURE; ;;'t`O'' BortdedTn*uNo�ry�ublicUsdenrAles NOTICE IN ADDITION TO THE REQUIREMENTS OF PERMIT, THERE MAY BEADDITIONAL RESTRICTIONS APPLICABLE To THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICT, STATE AGENCIES, OR FEDERAL AGENCIES. WARNING OF POSSIBLE DEED RESTRICTIONS THE LAND SUBJECT TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OTHER RESTRICTIONS THAT MAY LIMIT OR IMPAIR THE LANDOW NER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVICE TO THE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER fs CAUTIONED TO SEE K PROFESSIONAL Al WARNING ON WORK IN COUNTY RIGHT-OF-WAYS THIS PERMIT DOES NOT AUTHORIZE CONSTRUCTION OR INSTALLATION OF ANY STRUCTURE OR UTILITY, ABOVE OR BELOW GROUND, WITHIN ANY RIGHT. OF -W AY OR EASEMENT RESERVED FOR ACCESS, DRAINAGE OR UTILITY PURPOSES. THIS RESTRICTION SPECIFICALLY PROHIBITS FENCING, SPRINKLER SYSTEMS, LANDSCAPING OTHER THAN SOD, SIGNS, WATER, SEWER, CABLE AND ORAiNAGE WORK THEREIN. IF SUCH IMPROVEMENTS ARE NECESSARY, A SEPARATE PERMIT FOR THAT PURPOSE MUST BE OBTAINED FROM TRANSPORTATION/ROW PERMITS AND INSPECTIONS (238) 252.8192. ARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE 0 OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOI MPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAII MINORE ANCING, CONSULT WITH YOUR LENDER OR AN ATTORNE' RECORDING YOUR NOTICE OF COMMENCEMENT. Per Fl Statutes 713.135 a Notice of Commencement (NOC} is required for construction Df im proVemepis totaling more than S2,50C, with certain exceptions. For A/C Repairs or Replacements a notit:e of commencement Is requlrad for Improvements more than $7,500. The aophcantshahIle with the issuing authontypriorto the first Inspectloneither a certified copy of the recorded I or a notarized statement that tha I has been filed for recoreir along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold a ntil proof of the NOC is filed vAth the building permittingand Inspection department. The issuing authorhyshall not Derform or approve subsequent inspections until the applicant riles by mail, facsimile, hand delivery, email or an y other means such cert fled copy wth the Issuing authority. Cd tergov.net Date 2/7/2020 7:52:02 AM Report Title: Code Case Details Case Number: CEMIS20190014444 Case Type: Misconduct Priority: Normal Inspector: I WalterSie gel Jurisdiction: lCollier County Case Number: CEMIS20190014444 Status: Investigation Date & Time Entered: 12/6/2019 8:48:42 AM Entered By: WalterSiegel Case Disposition: Case Pending Origir Detail Descriptior Home owner, Wiebe Van Marcum, filed a complaint that his contractor, Fosters Air Supplies & Technical Services INC., RBA FAST AC SWFL, has seven (7) failed inspections, starting on September 5. 2017 and has now let the permit expired (March 1, 2018). Location Comments: 4600 25th CT SW, Naples 35994720005 FOLIO Wiebe Van Marcum Matthew Foster Contractor FastAc AddressJ4600 25th CT SW, Naples Property 1 35994720005 Contractor Foster's Air Supplies & Technical Services, Inc. Property Owner VAN MARUM, WIEBE & BEVERLY Qualifier FOSTER, MATTHEW M. Business Management & Budget Office 1 Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Attach Picture(s) WalterSiegel 12/3/2019 12/23/2019 Complete Attach Picture(s) WalterSiegel 12/3/2019 12/23/2019 Complete Preliminary Investigation WalterSiegel 12/3/2019 12/23/2019 Needs Preliminary Investigation: Investigatio n On December 3, 2019, a Preliminary Complaint was received from home owner, Wiebe Van Marcum, of 4600 25th Ct. SW Naples, Florida 34116. The complaint is in regard to he is unable to get a final inspection on the air conditioning unit he had installed by Fosters Air Supplies & Technical Services INC., issuance number, 201600000793 (DBA FAST AC SWFL) on or about May 5, 2017. Mr. Van Wiebe received notification from Collier County that the permit (PRHV20170518428) had expired on March 1, 2018), and the inspection(s) have not been finalized. SiegelWalter 12/09/2019 10:30 AM Cont. Investigation WalterSiegel 12/4/2019 12/10/2019 Complete On December 4, 2019, Collier County Licensing Officer Ruben Martinez and I responded to 4600 25th Ct, SW Naples, Florida 34116 (Folio 35994720005) regarding the Preliminary Complaint dated December 3, 2019, by Wiebe Van Marcum. We contacted the complainant and home owner, Wiebe Van Marcum. He told us that it had been approximately 2 years that he had been trying to get Fosters Air Supplies & Technical Services INC. to get the inspection (s) finalized. He said the company has been unresponsive. Mr. Van Wiebe said that he has had numerous issues with the AC unit since its installation and has had other AC companies working on it to keep it operational. He wants Fosters Air Supplies & Technical Services INC. to get the inspections finalized. Mr. Van Wiebe told us that he has "given up" trying to contact Fosters Air Supplies & Technical Services INC. He said that the company had left a ladder behind for the County Inspector(s) but came back a short time later and removed it, so no access could be gained by the Inspector. SiegelWalter 12/09/2019 10:30 AM Cont. Investigation WalterSiegel 12/9/2019 12/10/2019 Complete On December 5, 2019, 1 checked the permit status of PRHV20170518428, which had expired on March 1, 2018. In reviewing the expired status, it was discovered through City View Portal, that the work under this permit had failed inspection on the following dates: Business Management & Budget Office 2 Code Case Details Execution Date 2/7/2020 7:52:02 AM • May 25, 2017. • May 30, 2017. • July 6, 2017. • July 12, 2017. • July 28, 2017. • September 5, 2017. • November 9, 2017. All failures note that there was "no access", and "no ladder". On December 5, 2019, 1 contacted Director Mike Ossorio and reviewed the facts of this case. It was determined that the Qualifier for Fosters Air Supplies & Technical Services INC., Matthew Foster (License number CAC1818724), be contacted and advised that a Notice to Appear before the Licensing Board will be issued to him, and a hearing date of February 19, 2020, be scheduled. Director Ossorio determined that if Fosters Air Supplies & Technical Services INC. re- activates the permit and gets the permit finalized prior to the hearing date, a Letter of Non -Compliance shall be issued in lieu of a hearing. On December 5, 2019, 1 attempted to contact the Qualifier, Matthew Foster, by the telephone number associated with Fosters Air Supplies & Technical Services INC. (239-362- 0074). This phone number is out of order. I attempted to contact Matthew Foster at the phone number associated with his name from City View (239-936-6450), and that also is out of order. I was able to locate Fosters Air Supplies & Technical Services INC. on a BUILDZOOM website with a contact phone number, 239- 207-7341. There was a voice mail that provided no name, only the phone number. I left a message for Matthew Foster to call me. There was a sticky note with a phone number affixed to the preliminary complaint with no explanation, other than, "Google # Found". called that number, 239-597-8002. 1 contacted number and spoke to the dispatcher, who identified herself as "Maria". She told me the company name was TWC Servises, located at 12590 Metro Parkway Ft, Myers, Florida. The company had purchased Search Results Foster Air Conditioning & Refrigeration Inc. Naples, FL 34101. She did not know when this purchase took place. I asked her if she could contact Matthew Foster. She told me she would contact the HR department, and someone may contact me from Des Moines, Iowa. SiegelWalter 12/09/2019 10:29 AM Business Management & Budget Office 3 Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 12/9/2019 12/10/2019 Complete On December 9, 2019, 1 sent an e-mail to Matthew Foster at the e-mail addresses on file through City View (Mchase@fastairswfl.com/Permits@Fastairsw fl.com) advising him to contact me regarding the expired permit. On December 9, 2019, at approximately 2PM, Matthew Foster contacted me by telephone. He agreed to respond to the On December 9, 2019, 1 sent an e-mail to Matthew Foster at the e-mail addresses on file through City View (Mchase@fastairswfl.comlPermits@ Fastairsw fl.com) advising him to contact me regarding the expired permit. On December 9, 2019, at approximately 2PM, Matthew Foster contacted me by telephone. He agreed to respond to the Growth Management Department on December 11, 2019, at 10AM for a meeting. SiegelWalter 12/09/2019 2:25 PM Cont. Investigation WalterSiegel 12/11/2019 12/11/2019 Complete On December 11, 2019, Matthew Forster responded to the Collier County Growth Management Department. Mr. Foster Completed a Change Of Contractor Notification Form from Fast AC SWFL to Healthier Home Solutions. He agreed to transfer the permit to this new company and schedule the inspection. He will supply a ladder at the time of the inspection. On December 11, 2019 1 contacted the home owner, Mr. Van Marum, by telephone. He told me he would respond to the Collier County Growth Management Department to fill out his portion of the Change Of Contractor Notification Form. He was advised that he needs to be home at the time of inspection to provide access to the inspector. I contacted Mr. Foster and told him this form would be completed today. He said he would have the permit transferred on either December 16 or 17, 2019, and schedule the inspection. SiegelWalter 12/11/2019 1 2:36 PM Cont. Investigation WalterSiegel 12/11/2019 12/11/2019 Complete On December 11, 2019, Mr. Van Marum responded to the Collier County Growth Management Department, and completed his portion of the Change Of Contractor Notification Form.SiegelWalter 12/11/2019 3:53 PM Business Management & Budget Office 4 Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 12/17/2019 12/19/2019 Complete On December 17, 2019, 1 called Mr. Foster and left a message for him to contact me in regards our previous conversation about re- activating the permit with his new company by December 17, 2019. SiegelWalter 12/19/2019 9:07 AM Cont. Investigation WalterSiegel 12/19/2019 12/26/2019 Complete On December 19, 2019, 1 received an e-mail from Kevin Dendall from Fast Air. He advised me that Matthew Foster was out of town on a family emergency, and would contact me on or about December 26, 2019, to meet for his Notice of Hearing. SiegelWalter 12/26/2019 8:24 AM Cont. Investigation WalterSiegel 12/19/2019 12/19/2019 Complete On December 19, 2019, 1 called Mr. Foster and left a message for him to contact me. His mailbox (239-207-7341) is full and cannot accept new messages. SiegelWalter 12/19/2019 9:01 AM Cont. Investigation WalterSiegel 12/19/2019 12/19/2019 Complete On December 19, 2019, 1 attempted to send a Notice Of Hearing to the e-mail address provided to me by Matthew Foster, and that appears on the GMD Public Portal, (owner@healthierhomefl.com). The e-mail is undeliverable. I was able to successfully send it to Mr. Foster's previous e-mail (permits@fastairswfl.com) he has listed for Fosters Air Supplies & Technical Services INC., (DBA FAST AC SWFL). SiegelWalter 12/19/2019 12:27 PM Cant. investigation WalterSiegel 12/26/2019 12/26/2019 Complete On December 26, 2019, 1 attempted to contact Mr. Foster by telephone. His mailbox is full. i sent two e-mail reminders to him and his partner, Kevin Dendall, who I had corresponded with last week, in regards to the Notice of hearing and, the failure to reactivate the permit. See e-mails. SiegelWalter 12/26/2019 2:26 PM Attach Picture(s) WalterSiegel 12/27/2019 12/27/2019 Complete Attatched copies of regiseterd mail SiegelWalter 12/27/2019 10:21 AM Cont. Investigation WalterSiegel 12/27/2019 12/27/2019 Complete On December 27, 2019, 1 sent a certified letter to Matthew Foster regarding a Notice Of Hearing scheduled for February 19, 2020, at 9:00 AM. The certified letter was mailed to 2852 Via Campania St. Ft. Myers, FL 33905, which is the mailing address provided to me by Matthew Foster at our meeting on December 11, 2019. SiegelWalter 12/27/2019 10:22 AM Cont. Investigation WalterSiegel 1/6/2020 1/6/2020 Complete On December 30, 2019, 1 was able to leave a voicemail message on Mr. Fosters contact telephone number to call me. SiegelWalter 12/30/2019 11:11 AM Business Management & Budget Office 5 Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/6/2020 116!2020 Complete On January 6, 2020, 1 was able to leave a voicemail message on Mr. Foster's contact telephone number to call me. SiegelWalter 01/06/2020 2:17 PM Cont. Investigation WalterSiegel 1/9/2020 1/9/2020 Complete On January 9, 2020, 1 checked the status of the certified letter (7005 1160 0000 3802 6944) sent to the mailing address provided to me by Matthew Foster. The status from USPS indicated that there was an attempt on January 4, 2020 at 2:05 PM to deliver the letter. There was a notice left at that address because "an authorized recipient was no available", The USPS indicates that it this item remains unclaimed by January 19, 2020, it will be returned to sender. SiegelWalter 01/09/2020 8:09 AM Cont. Investigation WalterSiegel 1/14/2020 1/14/2020 Complete On January 14, 2020, 1 sent a Notice of Hearing to Matthew Foster by certified mail (7005 1160 0000 3802 5763) to the address of 33 Barkley Circle Unit B Ft. Myers, Florida, 33907. This address is the address he supplied for his new company, Healthier Home Solutions LLC (CAC1819938), where he was to have re -activated the expired permit. SiegelWalter 01/14/2020 3:47 PM Cont. Investigation WalterSiegel 1/16/2020 1/16/2020 Complete On January 16, 2020, 1 responded to 4400 Cleveland Ave. Ft. Myers, Florida 33901, the businesses of Michael Foster (Foster's Air Supplies & Technical Services Inc. and Healthier Home Solutions LLC) to serve the Notice of Hearing for February 19, 2020. 1 contacted two employees. "Elijah" and Tony Savo. "Elijah" told he that he and Mr. Foster was aware that Collier County was trying to get in touch with Mr. Foster regarding this case. "Elijah" referred me to Tony Savo. Mr. Savo would not sign for the Notice of Hearing, but he did accept it on behalf of Mr. Foster's company. (See photo). I explained to both employees that this Notice of Hearing could be abated by Mr. Foster re- activation of the expired permit as we had agreed upon on December 11, 201 9S iegelWalter 01/16/2020 3:47 PM. Cont. Investigation WalterSiegel 1/17/2020 1/23/2020 Complete On january 17, 2020, a certified letter regarding the Notice of Hearing for February 9, 2020, at 9AM was sent to Matther Foster's buisness located at 4400 Cleveland Ave. Ft. Myers, Florida. Tracking Number: 7005 1160 0000 3802 5770.SiegelWalter 01/23/2020 1:40 PM Business Management & Budget Office A Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/23/2020 1/23/2020 Complete On January23, 2020, 1 checked the certified letter tracking number (7005 1160 0000 3802 5770) for the Notice of Hearing sent to Mr. Foster at his place of business, 4400 Cleveland Ave. Ft. Myers, Florida. As of January 22, 2020, the letter is still in transit. SiegelWalter 01/23/2020 8:27 AM Cont. Investigation WalterSiegel 1/23/2020 1/24/2020 Complete Should be noted: The investigation reveals Matthew M. Foster, the Qualifier of Fosters Air Supplies & Technical Services, Inc., applied for "Extension of Re -Activation of the permit PRHV20170518428, on or about November 11, 2017. The extension was approved on or about December 1, 2017. SiegelWalter 01/24/2020 9:48 AM Cont. Investigation WalterSiegel 1/24/2020 1/27/2020 Complete On January 27, 2020, 1 contacted Wiebe Van Marcum by telephone. I advised him that the payment form he sent me regarding the payoff for the air conditioning system installed by Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL, does not show it is a payoff regarding his contract with Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL, Wiebe Van Marcum told me that he ordered the proof of the payoff from SYNCBIRHEEM- KWICK COMFORT on January 24, 2020. He would receive this information within 7-10 days. Wiebe Van Marcum said due to Fosters Air Supplies & Technical Services, Inc., DBA FAST AC SWFL not fulfilling their contract, he had to hire other companies to fix his air- conditioning unit. He said he would supply a e-mailed statement and copies of receipts of the work needed to fix the air-conditioning system. SiegelWalter 01/27/2020 12:24 PM Cont. Investigation WalterSiegel 1/27/2020 1/28/2020 Complete On January 27, 2020, 1 recieved the certified letter mailed to Matthew M. Foster with the Notice of Hearing back from the USPS. Tracking number 7000 1160 0000 3802 5770. "Return to Sender Attempted - Not Known Unable to Forward". SiegelWalter 01/28/2020 9:33 AM Cont. Investigation WalterSiegel 1/27/2020 1/27/2020 Complete NOTE: Wiebe Van Marcum financed this project through SYNCBIRHE£M-KWICK COMFRT. The balance on this account is 0 (zero) and had been opened on April 7, 2017. It has a gredit limit of $5000.00. The last payment recieved on this account on April 25, 2018. SiegelWalter 01/27/2020 12:29 PM Cont. Investigation WalterSiegel 1/28/2020 1/28/2020 CompleteNote: The correct spelling of the Property ]Marcum. Owner is Wiebe Van Marum not Wiebe Van SiegelWalter 01128/2020 9:38 AM Business Management & Budget Office Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/28/2020 1/28/2020 Complete On January 28, 2020, 1 checked the USPS tracking #70051160000038026944 for the Notice of Hearing to appear before the Collier County Contractors' Licensing Board on February 19, 2019, at 9:00 AM for misconduct. The address of 2852 Via Campania St. Ft. Myers, F1.33905 was provided to me by Matthew M. Foster duting our meeting on December 11, 2020. This letter's status is "REFUSED" and is being returned to sender. SiegelWalter 01/28/2020 10:14 AM Cont. Investigafion WalterSiegel 1/29/2020 1/29/2020 Complete On January 29, 2020, l contacted Wiebe Van Marum by telephone. Van Marum had sent me a written statement via fax on January 28, 2020. Van Marum told me he had originally been solicited by telephone by a representative from "FAST AC' for a free AC inspection. On or about April 7, 2017, when this inspection occurred, Van Marum was advised by an employee of "FAST AC' that due to mold build up inside the unit, the unit had to be replaced. This is when he entered into a contract with Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. After numerous problems with this unit, Van Marum complained to the Fosters Air Supplies & Technical Services, Inc. D/B/A FAST AC SWFL. Van Marum said that Matthew Foster contacted him by telephone, and told him that he (Matthew Foster) would personally come to Van Marum's property and take care of the problem(s). This is that last time Van Marum had any contact with Matthew Foster. Van Marum told me that of the seven failed inspections, he had been present at six. He did receive an invoice from Fosters Air Supplies & Technical Services, Inc. DIBIA FAST AC SWFL. In the amount of $325.00 on or about September 5, 2017, for "Failed inspection fee. Inspector arrived, no one home to let him in. Inspector left. Inspection failed. On January 29, 2020, 1 spoke to Chad DeSear of the Collier County Building Plan Review & Inspection Division, Inspector DeSear had been on the majority of the failed inspections at 4600 25th Ct, SW, Naples, FL. He advised me that the notes "No ladder" typically refers to there was no ladder, which is the contractor's responsibility, to gain access for inspections. "No access" typically refers to no one was on scene to allow access for the inspector. SiegelWalter01/29/2020 11:20 AM Business Management & Budget Office 8 Code Case Details Execution Date 2/7/2020 7:52:02 AM Desc Assigned Required Completed Outcome Comments Cont. Investigation WalterSiegel 1/31/2020 2/3/2020 Complete On January 31, 2020, 1 received the certified letter of Notice of Hearing addressed to Matthew Foster at 2852 Via Campania St. Ft. Myers, FI. 33905 back from the USPS. "Return To Sender", "Unable To Forward". This is the address Michael Foster told me was a good mailing address to reach him at our meeting on December 11, 2019. SiegelWalter 02/03/2020 8:47 AM Cont. Investigation WalterSiegel 2/3/2020 2/5/2020 Complete On February 3, 2020, 1 researched the property of 2852 Campania Sl. Ft. Myers, FI., the home address provided to me by Matthew Foster on December 11, 2019. The registered letter I mailed there was returned as "refused". The property owner is listed through Lee County Property Appraiser to Ronald Mullis. I was able to locate a phone number associated with Mr. Mullis through Google (239-314-8144). 1 called and left a voice mail message for Mr. Mullis to contact me. SiegelWalter 02/05/2020 8:27 AM Cont. Investigation WalterSiegel 2/5/2020 2/5/2020 Complete On February 5, 2020, 1 attempted to call the property of 2852 Campania St. Ft. Myers, Ft., (Ronald Mullis). I was able to leave a voice mail message for Mr. Mullis to contact me. A short time later Mr. Mullis contacted me by telephone. He told me that Matthew Foster does live at 2852 Campania St. Ft. Myers, FI. Matthew Foster is Mr. Mullis' tenant. SiegelWalter 02/05/2020 9:06 AM Cont. Investigation WalterSiegel 2/5/2020 2/5/2020 Complete On February 5, 2020, 1 received an e-mail from Matthew Foster. The E-mail is as follows: "Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow work. I'm sorry i haven't made it there to handle it. I will have the permit paid for and scheduled to be finalized tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email." Thank you, Matt Fostet (sic) I wrote him back reminding him of the Notice of Hearing is still scheduled for February 5, 2020, at 9AM (See e-mail). SiegelWalter 02/05/2020 2:27 PM Investigation WalterSiegel 2/19/2020 Pending Wiebe Van Marcum, 4600 25th Ct, SW Business Management & Budget Office 9 Code Case Details Execution Date 2/7/2020 7:52:02 AM Violation Description Status Entered Corrected Amount Comments 4.2 Misconduct State Certified Contractors Open 12/6/2019 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 10 Co ler Cou.Hty Growth Management Department Building Plan Review & Inspection Division February 7, 2020 Collier County Contractors' Licensing Board 2800 North Horseshoe Drive Naples, FI 34104 Re: Administrative Complaint # 2020-03 Respondent, Matthew M. Foster of Fosters Air Supplies / DBA: Fast AC SWFL I, Jonathan Walsh, Chief Building Official for Collier County have reviewed Contractors' Licensing Administrative Complaint 2020-03. Based upon complaint file the respondent has multiple failed inspections, failed to correct violations, and failed to complete permit # PRHV20170518428. At this point the referenced permit has expired with no activity and as such is now classified as `void' pursuant to Florida Building Code sections 105.3.2, 105.4.1.1, 105.4.1.3 and Collier County policies and procedures. FBC Section 105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filling, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not to exceed 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. FBC section 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. FBC Section 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The respondent has received several failed inspection notes from our inspection staff along with County notifications indicating the status of the permit. There has been a change of contractor package submitted to the permit however not yet completed to a subsequent contractor to which Matthew Foster is the qualifier on record. Based upon the above noted and case 2020-03 file it is the opinion and determination of this office, that this constitutes a Willful Code Violation of Florida Building Code as outlined in Count 1B of the complaint. Sincerely, WalshJonathan Jonathan Walsh, PE, CBO Chief Building Official License # BU1778 Digitally signed by WalshJonathan Date: 2020.02.07 12:22:34 -05'00' Bu" Pian ReA w 8 hgmcbon D"or • 2800 No* HaseMoe Dnue - Naples Fonda 34104.239-252-2400 • mm coiNercounlyll.gov 105.4 Conditions of the permit 105.4.1 Permit intent A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 6 months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initialep rmit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 JAS 110.4 Inspection agencies Reserved. [AI 110.5 Inspection requests It shall be the duty of the holder of the building permit or their duly authorized agent to notify the buildingofficial fficial when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. [A) 110.6 Approval required Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 1/28/2020 Permit Application Status - CityView Portal GMD Public Portal Permit Application Status In order to schedule inspections, you need to be signed in. Summary Application Number: PRHV20170518428 Application Type: Mechanical Application Status: Expired Property Owner's Full Name: VAN MARUM, WIEBE & BEVERLY Category of Work: Alteration Occupancy Code: Residential, One and Two Family New or Guest House Description of Work: a/c change out air handler to 3 ton 15 seer 5 kw 4600 25TH CT SW Application Date: 05/12/2017 Issued Date: 05/18/2017 Expiration Date: 03/01/2018 1-2 Family or Comm: 1-2 Family Locations — Contacts Locations: Property 35994720005 Address 46QO 25thW,NaRIg j Property Owner: VAN MARUM, WIEBE & BEVERLY, Address:4600 25TH CT SW Applicant: Foster's Air Supplies & Technical Services, Inc., Address:4400 Cleveland f Mechanical Fee Res or Com 1 $50.00 Ave., Phone:(239) 362-0074 Qualifier: FOSTER, MATTHEW M., Address:5438 FERRARI AVE, Phone:(239) 207- Application (Valuation 7341, Licensee # LCC20160001597 License Status Contractor: Historical: FOSTERS AIR SUPPLIES & TECHNICAL SERVICES, INC., Address: 5438 FERRARI AVE, Phone:(239) 362-0074, State Reg #'s CAC1818724, Licensee # LCC20160001598 License Status Contractor: HEALTHIER HOME SOLUTIONS, LLC , Address:33 BARKLEY CIRCLE UNIT Inspection Fee B., Phone:(239) 333-3278, State Reg #'s CAC1819938, Licensee # $50.00 LCC20190001547 05/18/2017 License Status — Permits (Click to See Reviews) — Permit Number: PRHV2017051842801 Permit Type: Mechanical Permit Status: Expired Fees Paid Fees Amount Paid Owing Date Paid f Mechanical Fee Res or Com 1 $50.00 i $50.00 T Paid 05/18/2017 Application (Valuation <$5000) Inspection Fee $50.00 $50.00 Paid 05/18/2017 BCAI $2.00 $2.00 $2.00 $100.00 Paid Paid Paid 05/18/2017 05/18/2017 12/07/2017 DCA $2.00 Permit Extension $100.00 Outstanding Fees Amount — - -- Paid'i Awiny i� Dale Paid ... cvportal.colliergov.neUCityViewWeb/Permit/Status?permitld=203788 117 1/2812020 Permit Application Status - CityView Portal PLEASE DO NOT SUBMIT ANY PAYMENTS UNTIL A COLLIER COUNTY PAYMENT SLIP IS DISTRIBUTED _. Deposits & Bonds There are no deposits or bonds for this application. Inspections Inspection Outcome Requested Scheduled Date Inspected Paid Fees Amount Paid Owing Date Paid f Reinspection Fee for $65.00 $0.00 $65.00 ` Not Paid Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections �Building Reinspection Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections same Fee for $65.00 $0.00 $65.00 Not Paid Building Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building ID w heat amps etc, customer wants safety pan piped out as originally as Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections scheduled for Reinspection Fee for $65.00 $0.00 $65.00 Not Paid Building i i -- _ Change of Contractor or $40.00 $0.00 $40.00 Not Paid Sub Contractor Totals: $634.00 $204.00 ;430.00 PLEASE DO NOT SUBMIT ANY PAYMENTS UNTIL A COLLIER COUNTY PAYMENT SLIP IS DISTRIBUTED _. Deposits & Bonds There are no deposits or bonds for this application. Inspections Inspection Outcome Requested Scheduled Date Inspected 303 - A/C Change Out Failed - Building 11/9/2017 11/9/2017 11/09/2017 Inspector: Chad Desear ((239) 877-2920) Send -Email Correction 1: Miscellaneous Corrections Corrections: Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous CorrectionsT Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan tom duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 217 1/2812020 Permit Application Status - CityView Portal Correction 6: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, safety pan lot level, float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of inspection),repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 7: Inspector Notes Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Inspector Notes: no access @9:23. Texted @ 8:37 scheduled time 9-10 Correction 8: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 11/09/2017 Comments: Miscellaneous Corrections, Safety pan not under unit, safety pan lot level, float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of Inspection) Failed - Building 9/5/2017 9/5/2017 09/05/2017 303 - A/C Change Out Tim Williams ((239) 465-1023) Send Email __ .,..,,.., _.......... Inspector:LEGACY: —_ Correction 1: Miscellaneous Corrections Corrections: Status: Carried Forward i Date Status Changed: 09/05/2017 j - Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 04/05/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AFIRI cert, seal s/a correctty,not a gallon of mastic, a/h not ID w heat amps etc, customer wants I safety pan piped out as originally as before. j Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 cvportal.colliergov.net/CityViewWeb/PermiVStatus?permitld=203788 3R 1/2812020 303 - A/C Change Out Inspector: Corrections: 303 - A/C Change out Inspector: Permit Application Status - CityView Portal Correction 6: Miscellaneous Corrections ! Status: Carried Forward Date Status Changed: 04/05/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, safety pan lot level, float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of inspection), repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. r Correction 7: Inspector Notes Status: Carried Forward Date Status Changed: 09/05/2017 Comments: Inspector Notes: no access @9:23. Texted @ 8:37 scheduled time 9-10 r Failed_ Building— 1 7/28/2017 7/28/2017 07/28/2017 Chad Desear ((239) 877-2920) Send Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not I ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 Correction 6: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/28/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, safety pan lot level, Float switch not glued, Armaflex not glued and separated at joint (sweating/leaking at time of inspection),repair duct where safety pan torn duct, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Failed - Building T ---- 7/26/2017 7/26/2017 07/25/2017 Chad Desear ((239) 877-2920) Send Email cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 4/7 112812020 303 - A/C Change Out Corrections: Inspector: Corrections: Permit Application Status - CityView Portal Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections same — Correction 3: -- Inspector Notes 11 I Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Correction 5: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/26/2017 Comments: Miscellaneous Corrections scheduled for 10-11 no access at 10:05 Failed - Building 7/12/2017 7/12/2017 07/12/2017 LEGACY: Tim Williams ((239) 465-1023) Send Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections no ladder 1 Correction 2: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections same Correction 3: Inspector Notes Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Inspector Notes: sent notification at 9:00am arrived at 9:20. No access Correction 4: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/12/2017 Comments: Miscellaneous Corrections. Safety pan not under unit, repair duct where safety pan torn duct, missing mechanical strapping on plenums, no AHRI cert, seal s/a correctly,not a gallon of mastic, a/h not ID w heat amps etc, customer wants safety pan piped out as originally as before. Fail- no Fee 7/6/2017 7/6/2017 07/06/2017 Chad Desear ((239) 877-2920) Sgnd Email Correction 1: Miscellaneous Corrections Status: Carried Forward Date Status Changed: 07/06/2017 Comments: Miscellaneous Corrections no ladder cvportal.colliergov.net/CityViewWeb/Permit/Status?permitld=203788 517 1/28/2020 Permit Application Status - CityView Portal Correction 2: Miscellaneous Corrections i Status: Carried Forward ii Date Status Changed: 07/06/2017 I Comments: Miscellaneous Corrections same Documents & Images Date Correction 3: Inspector Notes � Status: Carried Forward Expiration Date Status Changed: 07/06/2017 Condition Comments: Inspector Notes: sent notification at ; Department Description 9:00am arrived at 9:20. No access 303 - A/C Change Out Failed - Building 5/30/2017 5/30/2017 05/30/2017 Inspector: Chad Desear ((239) 877-2920) Send Email Corrections: Correction 1: Miscellaneous Corrections Letter Status: Carried Forward 05/18/2017 Date Status Changed: 05/30/2017 Required Comments: Miscellaneous Corrections no ladder Correction 2: Miscellaneous Corrections cvportal.colliergov.net/CityVieWWeb/Permit/Status?permitld=203788 Status: Carried Forward j Date Status Changed: 05/30/2017 Permitting Comments: Miscellaneous Corrections same 303 - A/C Change Out Fail - no fee 5/25/2017 5/25/2017 05/25/2017 Inspector: Chad Desear ((239) 877-2920) Send Email Corrections: Correction 1: Miscellaneous Corrections Not Status: Carried Forward > Elevation Certificate: X zone ' Date Status Changed: 05/25/2017 Required Comments: Miscellaneous Corrections no ladder Conditions Documents & Images Date File Type � Uploaded Expiration Due Condition Status i ; Department Description Category Date Date Notice of Not Building > Notice of Commencement Letter 1 R±rSS rd 05/18/2017 Commencement Required Review and VanMarun AHRI.p4f cvportal.colliergov.net/CityVieWWeb/Permit/Status?permitld=203788 j 617 Permitting Condition Type: Inspection Hold Elevation Not > Elevation Certificate: X zone ' Certificate Required Condition Type: CO Hold i Permit Extension Pending Resolved Permit Extension Pending Fee Payment I Condition Type: Inspection Hold Permit Extension Open Building To Extend OR Cancel Permit upload OR Cancellation Review and extension request document, Follow Permitting link to locate Forms; i https://www.colliercountyfl-gov/your- government/cliviSion s -a -e/bu !I d ing- rev iew/building- permft-resolutio n - services Condition Type: Informational Documents & Images Date File Type Document Name Uploaded 05/15/2017 Applications AppJ[Cation Form (VanMarum permit app - PreOared.odf). 05/15/2017 Letter Q UXU Slip_(PR) 05/18/2017 Receipt ReceiRtf2rtransaction: , Q17-031648 05/18/2017 Letter 1 R±rSS rd 05/18/2017 Letter Permit 07/28/2017 VanMarun AHRI.p4f cvportal.colliergov.net/CityVieWWeb/Permit/Status?permitld=203788 617 Go�rer �otit-i-><.ty Growth Management Division Planning & Regulation Operations Department Licensing Section January 16, 2020 Matthew Michael Foster Fosters Air Supplies & Technical Services INC. d/b/a – DBA FAST AC SWFL 4400 Cleveland Ave. Ft. Myers FL. 33901 RE: Case # CEMIS20190014444 – 4600 25th Ct. SW Naples, Florida 34116 Dear Mr. Foster A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2). Sec. 22-201.1 - Misconduct—State certified contractors. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board. Sincerely, E Walter 1 gel Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2468 Received: Date: Growth Management Div}5ion *Plan ning & Regulation'2800 North Horseshoe orive'Naples, Florida 34104*239-252-2400*www.colliergov.net -71 CERTIFIED MAIL., RECEIPI (oomestic Mail Only; No insurance Coverage Provided/ IC1AL USE Ln ui C3 M 1h i4 TTlte:0 .. % or Po Bar no. sem® ZIP.s L 3 0 -% H LS J 2323 OFF cocc rn m Pam $ n o ca -wad no o � C3 d C3 0 IFrreorwnweN ��aD D In fMstrirmd E7Qwy FN x „D 4=rft* r -i ri ra ri M" Poslaps & Fs" IC1AL USE Ln ui C3 M 1h i4 TTlte:0 .. % or Po Bar no. sem® ZIP.s L 3 0 -% H LS Po�Ynrrlt t"I" J S G Cry yJ Z V 2 . O Z ` �cli3 Po�Ynrrlt t"I" ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: In,e • Ad rrrIte2t1 r-zf)s TIVt 33 �3Ar� c4 -y P�� . (11VJ Y- 8 33�0� A. Signature X ❑ AWA ❑ Addressee B. Received by (Printed Nam) C. Dale of Delivery D. Is delivery address different from item 17 ❑ Yes It YES, enter delivery address below: ❑ No 3. ice Type Tied Mail ©Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. (Transfer rfrrgw om 7005 1160 0000 980F 5763 (f}anst�rr from service labs!) i PS Form 3811, February 2004 Dwooflc Return Rpt 102595-02-W 1540 Co1.liew County Growth Management Deparlment 2800 N. Horseshoe give • Naples. Florida 34104 W��r�R Srr=vEL 33 aptaKc.�7 LlR. uruI1 � Co e -r Couvi.ty Growth Management Division Planning & Regulation Operations Department Licensing Section January 16, 2020 Matthew Michael Foster Fosters Air Supplies & Technical Services INC. d/b/a – DBA FAST AC SWFL 4400 Cleveland Ave. Ft. Myers FL. 33901 RE: Case # CEMIS20190014444 – 4600 25th Ct. SW Naples, Florida 34116 Dear Mr. Foster A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2). Sec. 22-201.1 - Misconduct—State certified contractors, (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board. Sincerely, Walt r egel Licensing m )lance fficer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2468 Received: Date: Growth Management Division' Planning & Regulation'2500 North Horseshoe Drive•Naples, Florida 34ID4•239-252.2400'www.colliergov. net OFFICIAL USE or+�le6 F« poor * ReWrn ReCetpl Foe F1ere (EndorameM F1epalreG) PAmoicW Dekw V Fee (ad ---d Required) TOW POWAW a fens $ Ln Ln co ci ,ro: YSt L'�/e�cl (eve w Po Bo o Na------------------------------------------------------------------- DO 3 3 9 of EQ r` Ln "won Ln Ln "^=Tm~ ru r i V r Q �coro rn m N G � o +�^ o C:J E3 n © o a � OFFICIAL USE or+�le6 F« poor * ReWrn ReCetpl Foe F1ere (EndorameM F1epalreG) PAmoicW Dekw V Fee (ad ---d Required) TOW POWAW a fens $ Ln Ln co ci ,ro: YSt L'�/e�cl (eve w Po Bo o Na------------------------------------------------------------------- DO 3 3 9 of EQ Z CL 4 V r Q N G � y N clj C Certified Matt Provides: (&,atijod) zou aunr W4;i sd ` s A mailing rcca0l. Q ■ A unique identifier for your rnallpiece © d s A record of delivery kept by the Postal Service for two years (O Z Important Remlrn:rs: First -Class air or Priority Meilry s Certified Mail may ONLY be combined with FAd fur any Gass of international mail. N ■ Certified Mail is trot avallabte ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For to vatuables, please consider insured or Registered Marl. corn requested to Ovide proof of s For an additional fee. a Rerurn Receipt ma be y late and attach a Return p v delivery. To obtain Return Receipt servrre, pie ase Receipt (PS f=orm 3811) to the article and add applicable postage to cower the Receipt Raquasted'. To receive a tae waiver for fee. Endorse mailplace'Re�rm i duplicate return receipt, a USPS* postmark on your Certified Mail receipt is �N required. * For an addajonal fee, delivery may be restricted to the addressee or Advise the cleric or mark the mailpisce with the addressee's authorized agent. `Restricted Delivery". 0 endorsement ipt is desired, pleas resent the aril• * if a postmark on the Certified Mail recee pCertified Adan do at the post of (l for postmarking. if a poetmar on [he mail. 1 receipt Is not needed, detach and affix label vnth postage and L IMPORTANT: Save this receipt and ppresent it whan making an inquiry. delivery intorrttatlon is not available on mail L i ILL Internet access to addressed to APOs and FP!)s. C © d (O Z y c� C • i C] �N ©© ■ Complete items 1, 2, and 3. Also comPletra A Signature ❑ Ago^t item 4 if Restricted Delivery is desired. X ❑addressee ■ Print your name and address on the reverse that we can return the card to you. g, faeca+v y { Punted fw—) C. Date of Delivery so ■ Attach this card to the hack of the mailpiece. ❑ Yes or on the front if space permits. D. le delivery address dill t fro,n tW,,17 ❑ No 1.yA�rticle Addressed tla� l .�r�r} �CILQ It YES, enter delivery address below: !►?R• ���/&q yllov �Ve�nlo -"'� yers �L . r 3 ? g o 1 9_ ice 7YPe Certified mws ❑ Epi Mail !!)— Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. 4. Restricted Def,yery7 PIrO Fed} ❑ Yes 2. Article Number 7005 116❑110013 3 8112 5 7 7 0 (Transfer from service Iabei) 1e259542-1&1540 PS Form 3811, February 2004 Domestic Return Rece" — y m Ct= ?� V� rB0Elt ~ a - a- a..4 m.0�m m mar m m$c o CL,'ny '� U C !E m nW [S.� m m amZ E m s E ndt� `oy� o(7t7 c mm°c�7 a��' mQ G C to' U Z Y Ii n9 a": U. m m _gym a- n C7■ a Ea 0 0 ■ 5 ■ �- w C0 ler County Growth Management Department 2800 N. Horseshoe Drive • Naples, Florida 34104 W i} G?42- :5�«4 AEL` VIII II'�III''VIIII11111�1�6'il�� 7005 1160 GG00 38122 S770 Hasler F fRST-CLASS MAIL 01/21r2020 $006.80° ZIP 34112 011E11675741 /TJfT-�TN Lf y d O � `&h � �E F T-- Pi 11&Lzs , F'�a/Z / N1 �,-:) i� DE 1 aofo /z2/2O RETURN TO SENDER ATTEMPTED - NOT KNOWN UNAB_E TO FORWARD MRtV�(. BC, 34-104691700Y 1`179-0�4112t—z1-41 ..�..: -. IIl1t1! 1{ Ali f �� ii Ilflll f'1'11"I Go�ier Cou-v><ty Growth Management Division Planning & Regulation Operations Department Licensing Section 1-14•vo DEz-,, L&ne--n January 16, 2020 77-1 -Voo CZ .,p Matthew Michael Foster y /h E - D Z-., Qf�2 _V Fosters Air Supplies & Technical Services INC. SaelLa/ icc 7—,!:> e,-1.1 PZ -0 d/b/a — DBA FAST AC SWFL 24 K 4400 Cleveland Ave. Ft. Myers FL. 33901 �� A M RE: Case # CEMIS20190014444 — 4600 25th Ct. SW Naples, Florida 34116 Dear Mr. Faster W A complaint has been filed against you per the above referenced case. A hearing of this complaint will be held by the Contractors' Licensing Board on Wednesday February 19, 2020 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida 34112. Your presence before the Collier County Contractors' Licensing Board is required at this time. The packet concerning your case marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to receive a copy of this packet, please notify the Contractor Licensing Customer Service Office. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Collier County Municode Sec. 22-201.1, (2). Sec. 22-201.1 - Misconduct State certified contractors. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. the range of disciplinary sanctions which may be imposed may be (1) denial of Collier County/City building permits or require the issuance of permits with specific conditions; (2) recommendation for suspension, revocation, or restriction of your registration, or a fine to be levied by the Construction Industry Licensing Board, Sincer Iy, Walter Siegel Licensing Compliance Officer, 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2468 Received: Date: Growth Management DiviSion`Planning & Regulation*2800 North Horseshoe Drive*Naples. Florida 34104'239-252-2400*www-colliergov.net Cep �t;r Ce�uvaty (.ro»rh �lana�ernen! 1ti�i.inn PlallninR K RCgulutian Operations Department Licen'ting Sixtizm iamrngp 14, 2(20 Manheu Michael Furter Fwncri Air Su{,plies & Tachrms]. S.nicea Los:. AWN - DUA FAST AC S W FL. 11 Barkley Circk Laut is ti. %1vers Ft _ 119,117 RXz Casio rr sawn ir,r, e,, syr v„ r,t.. s r.:aa. v it, 01v Air Cel Wr COK"kv �M&PA 000artntere Groiylh Marag Wanat)ttrrktrfl Dws" ®r�tcna g *WW Sim l icer 9 Gomor'a — 0mc,ert 2y42S2 YFi•GtrPtW, 2754M:YJI'to zw. w erg's t}'+e naD� s(yt1lK ,AX wdT L Vv Mfr. S �r,Fry 9w • .nvw C A cc,rnprami hu hren M.A we.w,t .,n, jeer rhe ,• : n•krnued caw. 1 traarantr W th.s .,r.,+I,L�,.t ,i1 ••.- h.•:r, by the l'nrtltarl. ire' Ll.—mg P. -Ad lr), 2020.10-00 AM in the tsnurd [.I c ,ndr7 Commissioner's Room Third rloor, Adrninisuarkm Mudding tW- Harmon turner Mdg.p, at 3"401 E*,N t'sndaou t call, Naples, 1''10040 34 t 12 Your ptenence Lwture the Crillier Coemty Cantrnctan' I.iccnstri% Liwtd is rcquimd at this time. The txrcket concerning Your case marked coni"tte exhibit "A" will be delivered to the memben. of the Cimanwtim' I ioen,,ing [hrwrti one week prior to the lk firing. If you wish to receivc a copy of thix packet, please notify the C'onitnAor Licct►sing Custolroer Servrce Office lryou wish to prclwrre a deknse packet and have it delivered m conjunction with cOrapoiitc ekhihd ".A", you must make FAccn cc7pics and has -e them in our oilico b} H 1X} AM on Wodncsday. ane week prior to the hearing. In your packet. you may Epvc a summary of events. A! this meetiIlk, you pray prcwni rvidenoe and be represenud by an attorney of yaur choice. loth,cvna rte (:untruukx' t.rcrnaing Board 11ra15 vrlu rn vw1atwa orCullrer Cotuay 16tunicode Sec. 22-20),I, f2). See. 22-201.1 • Mkenadaitt- blare cerflflad ceatraorem t2) WL111aUy viwlatin the appikable haildia8.oft K ioiso the range of diwiTiirwry .arw inn, o nicll rrrat hr: rmllncC neap e 01 le0" W.",., trernuL, ru rryrurc the I.�tivance of I+emri! � w Ith 5pytirii. cunditirHta; 421 recommendatrws 1w +uslsrr>lir,n, revucdtiun, Of rektrrc•t147P rrf'",ur rehictrn"On• OF a tiny to he levied try the CuTiAruction tndtewry L_icenvrnk horn!. Slrxrotrly Walter Stegel Licensing Comphitrtec Ofiicer. 2800 North Hor whir Dnve !Naples, FL 34104 (239) 232-2468 /0 ZS Zo ZJ D v r natc: 4,arch tR�n+aeme,+t flh-smn•F�tarrrg S Nea�lat,per•3aG4 yor(q llorfeSt+A�'JriVC •M+Vtn: r}+ui6it 311111.039 ]Si 2i0o•www :oarrrarar From: Mathew Foster <mattf083OPizmail.com> Sent: Wednesday, February 5, 2020 12:13 PM To: SiegelWalter <Walter.Siegel@colliercountyfl.gov> Subject: Expired permit 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. Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow work. I'm sorry i haven't made it there to handle it. I will have the permit paid for and scheduled to be finalized tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email. Thank you, Matt Fostet 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. SiegelWalter From: Mathew Foster <mattf0830@gmail.com> Sent: Wednesday, February 5, 2020 3:04 PM To: SiegelWalter Subject: Re: Expired permit 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. Thank you, my daughter is doing alot better. On Wed, Feb 5, 2020, 2:11 PM SiegelWalter <Walter.Sie el coliiercount fl. ov> wrote: Mr. Foster, I hand deliver the Notice of Hearing to "Elijah" and Tony Savo on January 16, 2020. Obviously you are aware of the Hearing. That being said, I'm looking forward to your compliance in this matter, as are ready to go on February 19, 2020, at 9AM. I am sorry to hear of your about the emergency. I hope it turned out well. I will be looking tomorrow for the issued permit to abate this violation. Kindest regards, Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. 5iegelAcollierc_ountyfl.gov Desk: 239-252-2468 SiegelWalter From: Mathew Foster <mattf0$30@gmail.com> Sent: Friday, February 7, 2020 7:41 AM To: SiegelWalter Subject: Re: Expired permit 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. Yes we will be there by 2 today On Fri, Feb 7, 2020, 7:40 AM SiegelWalter <Walter.Siegel@coiliercountyfl.ov> wrote: Are we going to get this done? Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. Siegelco Ili ercountyfl. gov Desk: 239-252-2468 From: Mathew Foster <mattf083OPgmail.com> Sent: Wednesday, February 5, 2020 3:04 PM To: SiegelWalter <Walter.Siegel@colliercountyfl.pov> Subject: Re: Expired permit 1 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. Thank you, my daughter is doing alot better. On Wed, Feb 5, 2020, 2:11 PM 5iegelWalter <Walter.Siegel@colliercountyfl.Ro> wrote: Mr. Foster, I hand deliver the Notice of Hearing to "Elijah" and Tony Savo on January 16, 2020. Obviously you are aware of the Hearing. That being said, I'm looking forward to your compliance in this matter, as are ready to go on February 19, 2020, at 9AM. I am sorry to hear of your about the emergency. I hope it turned out well. I will be looking tomorrow for the issued permit to abate this violation. Kindest regards, Walt Walter Siegel Licensing Compliance Officer Growth Management Walter. Siegel�7ae.colliercouno.gov Desk: 239-252-2468 From: Mathew Foster <mattf0830 mail.com> Sent: Wednesday, February 5, 2020 12:13 PM To: SiegelWalter <Walter.SiegelPcolliercountyfl.gov> Subject: Expired permit EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking finks. Walter, this is Matt Foster. I just wanted to let you know I had a personal emergency and then followed by very slow work. I'm sorry i haven't made it there to handle it. i will have the permit paid for and scheduled to be finalized tomorrow. Again sorry for everything, i just found your email. My email address is down so I couldn't access it. This is my personal email. Thank you, Matt Fostet 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.