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CLB Agenda 10/21/2009
CONTRACTORS ' LICENSING 69 & wpoh p-m w AGENDA October 21, 2009 AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: WEDNESDAY — OCTOBER 21, 2009 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: AUGUST 19, 2009 & SEPTEMBER 17, 2009 V. DISCUSSION: (A) End of the Month Report — August & September 2009 VI. NEW BUSINESS: (A) Douglas E. Synowsky — Contesting Citation (B) Michael R. Bain — Review of Credit Report (C) Michael D. Green — Contesting Citation (D) Roger P. Boucher — Contesting Citation (E) Charles S. Miller — Contesting Citations (#'s 4970, 4971 & 4972) VII. OLD BUSINESS: (A) Noel R. Sinclair — Review of Credit Report VIII. PUBLIC HEARINGS: (A) 2009-11 Patrick H. Atchison D/B/A: Patrick H. Atchison Carpentry, Inc. (B) 2009-12 Alva Lee Porter D/B/A: Al Porter Commercial Painting, Inc. (C) 2009-13 Neida L. White D/B/A: Dave's Sprinkler Repair, Inc. IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY DECEMBER 16, 2009 COLLIER COUNTY DEVELOPMENT SERVICES CENTER 2800 N. HORSESHOE DRIVE, ROOM(S) 609 — 610 NAPLES, FL. 34104 August 19, 2009 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD OF COLLIER COUNTY Naples, Florida August 19, 2009 LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:08 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Richard Joslin Michael Boyd Eric Guite' (Absent) Lee Horn Terry Jerulle Kyle Lantz Thomas Lykos Patrick White ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor Page 1 August 19, 2009 CHAIRMAN JOSLIN: Good morning, ladies and gentlemen. I'd like to call to order the August 19th, 2009 Collier County Contractor Licensing Board Meeting. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I'd like to open the meeting starting with roll call starting to my right. MR. JERULLE: Terry Jerulle. MR. LANTZ: Kyle Lantz. MR. LYKOS: Tom Lykos. CHAIRMAN JOSLIN: Richard Joslin. MR. BOYD: Michael Boyd. MR. WHITE: Patrick White. CHAIRMAN JOSLIN: Are there any additions or deletions to the agenda, staff? MR. JACKSON: Good morning. For the record, Ian Jackson, Collier County Contractor Licensing. We have one deletion. New business, letter A, we're going to delete that. That's going to be continued to October. Roger Boucher. And that's all. CHAIRMAN JOSLIN: Okay, I need a motion to approve the agenda as amended. ft 6 6 MR. LYKOS: So moved, Lykos. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: We have a motion and a second on the All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. Page 2 August 19, 2009 MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries for the agenda. Okay, the board members, have you looked at the meeting of -- the minutes for the June 17th meeting? Any additions or deletions or changes, or has everyone looked at it? If they have and it's all in line, there's no discussion, I need a motion to approve it. MR. LYKOS: Motion to approve, Lykos. CHAIRMAN JOSLIN: I have a motion. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Second, Boyd. Motion and a second. All in favor, say aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Okay, under discussion we have an end of the month report for June and July. It's in your packet, gentlemen. Just for the sake of opening this up, I see where the number of citations in this July period was quite high compared to the number of days that the staff is actually working out in the field. So obviously there's a lot of problems going on out there which investigators are picking up on. Page 3 August 19, 2009 Mr. Ossorio, do you have anything to add to this? MR. OSSORIO: Good morning, Mr. Chairman. For the record, Mike Ossorio, Collier County Contractor Licensing Supervisor. Not actually. You know we're on a reduced workweek, we work 32 hours a week. And so far this year we brought in $431,503. And we're going to be doing our annual renewals for local and registered contractors at the end of the month, so we're going to be sending about 4,000 renewal letters out. CHAIRMAN JOSLIN: And there's still what, three more months yet to continue before the end of the year? Is that when this starts, in September or October? MR. OSSORIO: September. But October 1st will be the new year, so we have one more month. CHAIRMAN JOSLIN: There's a good chance that licensing could bring in a lot of revenue. MR. OSSORIO: Well, we anticipate -- if you looked at the last year's numbers we did -- I think we renewed 3,000 contractors in that one month. Maybe I don't anticipate having 3,000, but I anticipate maybe having 2,000, so that's substantial. CHAIRMAN JOSLIN: Well, I think your people are doing a heck of a j ob, Michael. Next item on the agenda is reviewing of upcoming fee schedules. We had fee schedules that were done for different types of fees regarding the county and regarding all different phases, and this was done way back in 2007. And staff has asked for an increase in the fees. So Michael, if you want to take the floor and kind of elaborate on this a little more. MR. OSSORIO: Thank you. Just to give you an overview real quick, our office is comprised of four investigators. We have one full-time investigator in the City of Naples, one full-time in the City of Marco Island, one for Golden Gate August 19, 2009 Estates, and one for the unincorporated Collier County. We have three staff members that do registrations in our office and do the day-to-day operation of our licensing board. In 2001 we elected to raise some fees. And you have a copy of that resolution in 2001. And basically I'll read a little bit about it on paragraph two. This is a resolution that was signed some months later. The extreme poor state of current economic conditions for the construction industry takes us in an extremely inopportune time to raise fees, charges for the industry that suffer from economic downturn. Basically what you said to the Board of County Commissioners is that we're going to raise fees; we think that the licensing department is vital in the health, safety and welfare of the community in Collier County and the City of Naples and Marco Island. So we did raise some fees. It wasn't a lot, it wasn't a substantial fee increase, but it was a fee increase. But you also told us if indeed that if it wasn't enough, make sure you come back and ask for more. Unfortunately this is -- we're in 2009. Our fees have not sustained our department. We incurred some more expenses. We haven't had a reduction in staff but we had a reduction in work hours of 32 hours of workweek. And the building department, Bob Dunn, did hire a company called PMG and did an RFP. And basically we spent a substantial lot of amount of money to go over our department and to view what we need to be self-sufficient as a licensing department. And these reflect on the -- what you have on the sheet in front of you, the draft. CHAIRMAN JOSLIN: So this draft that we have in front of us is the analysis that PMG did? MR. OSSORIO: Yes. And unfortunately -- I would give (sic) it to you earlier, but we just got this the other day. So when you're going through this the first time, I'm actually going through it the first time. August 19, 2009 But I did notice some changes, and I would like to go ahead and get a consensus on the board after you look at the numbers and I make little changes of my recommendations, that we adopt a resolution. And we'll go to DSAC with it next week or next couple of weeks and then back to the Board of County Commissioners for final approval or maybe go to CBIA. But the numbers are not that bad. I thought they'd be worse, but they're not. And I want you to take a look at the first page. I thought that maybe we can take a look at it. And that is on Page 5. CHAIRMAN JOSLIN: There's a Page 4 also. MR. OSSORIO: Yeah, there's a Page 4, but you can turn to Page 5. There's a Page 6, too, but you can turn to Page 5. CHAIRMAN JOSLIN: Sorry. MR. OSSORIO: No problem. CHAIRMAN JOSLIN: I was looking at the calculation of fees. Starts on Page 4. Is the calculation of fees the same as the -- what's on Page 5, or this is the increase? MR. OSSORIO: That's just what is a -- one is a new license and one is a renewal. CHAIRMAN JOSLIN: I see, okay. MR. OSSORIO: Okay? CHAIRMAN JOSLIN: Now I see what you're saying. I gotcha. MR. OSSORIO: We're on Page 5. Typically there are two kind of contractors what this board regulates. There is what you call specialty contractors and there are tier one contractors, or general contractors, building pool contractors that have to register with the state. And when you register with the state there's a lot more paperwork involved when you register through our office. And unfortunately I don't think that PMG took that into account. And you'll see the difference. It says CLE renewal contractor Page 6 August 19, 2009 144. And then on the bottom it says CLE renewal specialty, 144. These fees are exactly the same here. But obviously the CL renew state registered contractors, we would like to see that go to not 144.25 but 159.25. So basically a $15 increase. And that's exactly what transpires that we'd have now. CHAIRMAN JOSLIN: Okay. And this is under renewal contractor or renewal specialty? MR. OSSORIO: Renew contractor. CHAIRMAN JOSLIN: Renewal contractor. MR. OSSORIO: Yes. So under 144.25 you want to write 159.25. (At which time, Mr. Horn enters the boardroom.) MR. OSSORIO: There's a difference between the two. If you are a specialty contractor, there's less steps to renew than versus if you are a registered pool contractor, registered general building contractor there's a lot more involved. We have to make sure you do your continuing education, your state registration. There's a lot more paperwork involved on a year-to-year basis. And that is indicative of what we do now. It's $15 more than it would be. So I'm just adding $15. So I would like to see that 159.25. And I will talk to PMG and we'll square that away. MR. JERULLE: Michael, the 144.25 is the existing fee? MR. OSSORIO: No. That is the -- MR. JERULLE: That's the new proposed fee. MR. OSSORIO: And you'll see on the back side. MR. NEALE: Page 7 and 8 have the current and proposed. MR. OSSORIO: Page 7 and 8 actually have the current and proposed. MR. JERULLE: All right, that's what I'm looking for. CHAIRMAN JOSLIN: And just for the record, I'd like to make for the record that Lee Horn has just arrived. MR. HORN: Thank you. CHAIRMAN JOSLIN: Okay, continue. Page 7 August 19, 2009 All right, so we have a change on renewal for a licensing renewal contractor to 159.25. MR. OSSORIO: Exactly right. CHAIRMAN JOSLIN: Okay. The other two are going to stay the same? MR. OSSORIO: Yeah, that's fine. The next page is Page No. 6. And this is a second entity. And right now the current fee is $50. And the proposed fee is 56.21. And I don't think PMG realizes that when you do a second entity there's a lot of things involved. Obviously you have to have a staff meeting. We have to have the investigator make the packet up, present it to the licensing board, make copies, bring it to you a week before and actually present it to the licensing board. So that is a fee that we need to calculate. And I calculated 43.79. So it went from 56.21 to $100 to get a second entity, which I think is pretty reasonable. So that fee would be from 56.21 to $100 even. It's a plus of 43.79. And the second -- and the last change is on Page 7. And it's state registration. We have a staff of three. And right now our current -- if you want a state registration, it's $10. Right now we did $11,000 this year in state registration. That typically is a one -person full time doing -- registering state contractors, taking state contractors off hold, putting contractors -- changing status and updating their insurances. That is a full-time job on one person. We get about 60 certificates every day to renew state contractors, insurances. Mr. Lykos can tell you, you know, they come and go. The insurance companies, they change their certificates and all of a sudden we're the certificate holder and we get a fax through the office. And the proposed fee is 19.94. And after I looked at the cost, I anticipate a 30.06 increase, which would be a $50 service. And this is every two years. CHAIRMAN JOSLIN: So the 19.94 should move to $50. August 19, 2009 MR. OSSORIO: Yeah. And this is state registration for every two years. CHAIRMAN JOSLIN: $25 a year isn't really too bad to keep a state license active. MR. OSSORIO: No. As a matter of fact, if you go to Miami -Dade, it's 79.95, whatever it is. But this is just at 50. And that will actually help the state contractors pull building permits quicker, get the insurances into our office quicker and be better -- be more efficient. So this is what we're looking at there. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: With that said, I'm done. I did have Bob Dunn -- Bob Dunn is the building director and he might want to speak on behalf of what PMG is doing throughout the industry, without the building review and permitting department, the fees related to permits as well. This is just relating to contracting licensing issues. I did speak to Bob Dunn and he is looking forward to getting this off, you know, 32 hours of workweek, so he can enforce the code, instead of not working on Fridays and having unlicensed contractors word Friday, Saturday and Sunday. Maybe do a little better job on the hot line as well. This is going to do this for us. And also, he's also thinking about bringing another person in our department. Instead of having four investigators, have five. And this particular person -- hopefully this person will be more of a workers' comp. related individual that is strictly into class codes, that is trained in class codes that's actually going to go through books and workers' comp. and insurance and really get down into the bidding of you, the pool contractor bid on the project and this guy's bid this and how could he do so, because he's not paying proper insurance. And you make that complaint, we'll have that tool to do so. So right now we're sketchy with that, and I'm the Page 9 August 19, 2009 only one that actually does that, so we're looking for the future, so that's what we're looking at. CHAIRMAN JOSLIN: Okay. And this type of dollars is going to allow this to happen -- MR. OSSORIO: As far as I know. Bob Dunn may want to speak about that. But I did think that -- I anticipate these fees going through DSAC. And I can't speak to the building review and permitting fees, but for licensing, I anticipate having smooth sailing so that we can maybe add a staff member and we'll be more self-sufficient. CHAIRMAN JOSLIN: Okay, Mr. Dunn, do you want to make some comments? MR. DUNN: Good morning, Mr. Chairman and board members. Bob Dunn, Building Director. CHAIRMAN JOSLIN: Pleasure to have you here. MR. DUNN: We just -- you know, I just want to bring you up to date on the analysis that's just been completed. This is the first draft. We have a sub -committee that's going to be reviewing it, DSAC sub -committee. They're meeting next week. They're going to forward their recommendation on to DSAC, the full DSAC committee, and then of course after that we go to the Board of County Commissioners. We expect that to happen in October. CHAIRMAN JOSLIN: Okay. MR. DUNN: And with your support, you know, of this fee increase -- it's basically a 40 percent increase. With your support and with a resolution of support, it's going to help us take it before DSAC and then again to the Board of County Commissioners. So that's why we're here today, to answer any questions you might have. And we are going to add an additional investigator. We hope to have, you know, you know with the increase in fees, that will support another investigator. And we're going to have everybody go back on 40-hour workweek starting in October. CHAIRMAN JOSLIN: October we're going to go back to five Page 10 August 19, 2009 days a week then. MR. DUNN: Oh, yeah. CHAIRMAN JOSLIN: Okay, super. MR. DUNN: October. The first week in October. CHAIRMAN JOSLIN: Would that also tie into the fifth man being added into staff? MR. DUNN: The fifth person will be added after -- if we have approval from the County Board of Commissioners. CHAIRMAN JOSLIN: On that meeting, okay. MR. DUNN: We're also going to -- during the renewal season we're bringing a -- we're bringing the administrative staff in at five days a week on process renewal. CHAIRMAN JOSLIN: Outstanding. MR. DUNN: They're working, you know -- every day of the week they have folks coming in to renew and obtain new licenses, so we're going to let them work on Fridays so it will give them time with the office being closed to get the licenses processed so we can get the monies in. CHAIRMAN JOSLIN: Outstanding. Okay, well, I guess with all that said I'm going to need a motion to approve these changes as far as the fees go, with the upgrades that Mr. Ossorio and Mr. Dunn have asked us to approve. MR. JERULLE: Do we have discussions before or after we do the motion? MR. NEALE: Discussion after, typically. CHAIRMAN JOSLIN: Well, we can do it before, if you like. We should -- let's -- ask your question first before we make a -- MR. JERULLE: No, I just received this, and you're asking for a fee increase and you're asking me to approve this. And I haven't really had a chance to review it and digest it to give my vote. CHAIRMAN JOSLIN: From what I could gather, the only fee increases are the ones that, Michael, you have indicated so far? Page 11 August 19, 2009 MR. OSSORIO: This whole draft is a fee increase. There are some changes to the fee increase. CHAIRMAN JOSLIN: Right. MR. OSSORIO: You're absolutely right -- CHAIRMAN JOSLIN: So we're looking more for a motion just to advise us to be able to just -- MR. OSSORIO: Under the code. CHAIRMAN JOSLIN: -- to possibly come back next month? MR. OSSORIO: No. Because we're not anticipating having a board meeting in October -- or actually, we're going to have one in October, we're not going to have one in September. And -- but we've been working on these fees for several months. I mean, we had meetings with PMG, they went through our staff, how many hours we worked and what we've done. So he did a good job on this. And it is short notice and I do apologize, but I got it on Thursday afternoon, or Wednesday afternoon. The package went out on Wednesday morning. So it is what it is. But this is what the licensing board wanted us to do. Remember the resolution before some of these chairmans were here before is that you directed us that if we had to raise fees that you need to come back with a fee resolution so we could be self-sufficient and so we could provide health, safety and welfare. So this is what this fee is, nothing more, nothing less. MR. LYKOS: I have some questions, if I may. Comments, questions, concerns. Bob, you know I've been a strong advocate of the licensing department, not only here but at DSAC and also at the Board of County Commissioners. And I have some questions. If you recall, we had a meeting -- CBIA had a meeting in Mr. Smith's office with you and the budget office, and we addressed our concerns about allocations. I know those have come way back from Page 12 August 19, 2009 where they were in the past. There were some issues about how the budgets were prepared. There was a two or three-year lag and created some issues, especially in a market that was going down. I know those have been addressed. My concerns about this fee increase -- and again, let me preface by saying I support funding this department to fully serve the community and the licensed contractor. But a couple of comments. Number one, we know that somewhere between 40 and 50 percent of the investigations that the staff go on are not for licensed contractors, they're for -- I hate this term, unlicensed contractors, but people that are contracting without a license. I believe that some support for this department should come from the general fund. I know that's pie in the sky, but there's a direct benefit to the community that has nothing to do with permit fees or licensing fees. And I know that this doesn't take that into consideration. I may be mistaken, but there's no comments in this report about the general funds supporting license department when there clearly is a benefit to the community that is not directly related to contractor fees or permit fees. I think that needs to be addressed, number one. Number two, there's 109 percent allocation for overhead. 109 percent addition to direct costs for overhead for support staff. Our problem was with allocations to begin with. So without seeing the backup and where they come up with this 109 percent multiplier for support services and overhead, I have a hard time supporting 109 percent without seeing the backup for it. I understand you guys are in a tight timeframe because you want to get this in next year's budget and the meeting with that is with the Board of County Commissioners in October, but I'm going to have a hard time supporting this without seeing the backup information. And the third comment I have is we were told that CBIA was going to be involved in this process, and we haven't been at all. Page 13 August 19, 2009 MR. DUNN: We just -- MR. LYKOS: I understand. But we haven't been at all. And I think to support this from a CBIA standpoint, to support this from a licensing board standpoint, I want to see the backup documentation. And I want to know that PMG addressed the fact that there's services being provided to the general public that are not directly related to licensing permit fees. MR. DUNN: Well, PMG will be addressing those questions. They will be coming to the DSAC full committee meeting. We will have a sub -committee meeting next week with our budget office. Those numbers will be addressed with the DSAC committee. And at the meeting, the full meeting with DSAC, this consultant will be there to answer those questions. MR. LYKOS: I understand. But you're asking for our approval, and then you'll take our approval, you'll let the DSAC sub -committee know that we've approved it and endorsed it, then you'll pass it on to the Board of County Commissioners that we've endorsed it, and you're asking us to endorse it without the supporting documentation. I understand that you're under the gun time -wise, but I don't like endorsing these calculations without seeing the backup for them. CHAIRMAN JOSLIN: Mr. Lykos, I think you're confusing the issue here. I'm all for CBIA and I'm all for that section of your governing body in that case, but I have a hard time trying to say to you that we have to separate the fact that CBIA is not going to run licensing or the county. Now, I understand that they bring in the revenue, and I understand those licenses and those fees bring in the revenue, but there are other issues that are out there that need to be addressed besides CBIA and their involvement as far as what the bottom line is going to end up saying. Because there are other issues out there, other contractors out there that aren't in CBIA that want that same answer also. Page 14 August 19, 2009 So I'm a little confused on your reasoning as far as to increase the fees that have already been programmed. These were programmed back in '07. And all we're doing -- at the moment all staff is doing is asking for a minor increase in order to support the fact of being able to allow licensing to be able to be self-sufficient. Now, I understand the general fund and I understand that right now we are tied into a different fund rather than the general fund, which I'd like to see us come out of that also. But at the moment it's not happened. It's going to take a little bit of time before that can happen. But I think at the time that we're talking about raising these fees, I think really now is the time to act on it and the time is of essence that we do bring on more people in licensing that will handle the unlicensed contractors and the contractors that are doing things incorrectly. It's for the jurisdiction, for them to have supervision over that. And without -- with the short staff going on right now, there's no way to fund it. So this is nothing more than a way to try to fund what's going on here. That's my point. That's my feeling. MR. DUNN: This is also going to lead into a full-blown fee schedule ordinance. CHAIRMAN JOSLIN: Sure. MR. DUNN: Right, a contractor licensing fee schedule ordinance. That's going to have to be approved by the board and the DSAC committee. This is just a draft and an analysis by the consultant. MR. LYKO S : I understand. MR. DUNN: This is a concept. This is a concept. We're asking for your guidance that we can go forth now and increase the fees. MR. OSSORIO: Mr. Chairman, just a quick question. To go ahead and get ad valorem funds for contractor licensing this year or the next year, I don't think we have a chance. We have none. And you Page 15 August 19, 2009 know that and I know that. So we can sit here until we're blue in the face, it's not going to happen. However, I can tell you if these fees are not rectified there's going to be a major impact in contractor licensing. And I tell you, it's going to be a major impact in October. These fees are in the realm of all cities and counties throughout Florida, and most cities in Florida, they do get compensated for ad valorem taxes through tax dollars for unlicensed activity. So these fees are right where they need to be. If you're looking to self-sufficient contractor licensing for the upcoming year, this is the time to do it. I know this is a difficult time for you to look at this, I know it's a difficult time for me because I just got it on Wednesday afternoon. But you're asking us to go ahead and wait to see what the Board of County Commissioners do or DSAC does, it's not going to happen. We're just not having a board meeting next month and this is why you're the first line of defense on looking at these items. MR. WHITE: Few questions, Mr. Chairman. CHAIRMAN JOSLIN: Mr. White? MR. WHITE: I appreciate the position you're in with PMG and the report just coming to you. I appreciate, you know, my fellow board members' concerns. I have a couple of maybe more precise questions and observations. First off, I'd like to start with Pages 7 and 8. And if you could just go through on the recommended fees and tell us again which of them, based on the changes, the three changes, which of those are changing to what on the proposed column? MR. OSSORIO: Okay, if you're looking at the one -- well, why don't we just do the -- 7 and 8. MR. WHITE: Yes, sir. MR. OSSORIO: Okay. And -- MR. WHITE: I think you -- Page 16 August 19, 2009 MR. OSSORIO: The first page -- hang on. I didn't get this from MR. WHITE: I think one of them is specialty contractor renewal at 145 that you've suggested should be increased. I'm just trying to confirm that that's the case. MR. OSSORIO: Yeah, you see the first part -- I have to get my bearings here. It says Certificate of Competency annual license. MR. WHITE: Yes. MR. OSSORIO: And it says and the proposed. You're absolutely right, the initial fee, the renewal would be 165 and change. 159.25. MR. WHITE: 159.25 instead of 145? MR. OSSORIO: Yes. That's the change on that. MR. WHITE: Because apparently they round it up from 144.25. MR. OSSORIO: Yes, and I kept it exactly the same, except for I added 15. MR. WHITE: So that is the fee for -- MR. OSSORIO: To renew -- MR. WHITE: -- contractor renewal? MR. OSSORIO: Yes. When I say contractor renewal, I mean tier one contracting. General contractors, building, residential, registered. MR. WHITE: Not as it says here, there are two other categories, specialty contractor and journeyman. MR. OSSORIO: Yes. Those are -- MR. WHITE: 145 for specialty contractor -- MR. OSSORIO: That has not changed. MR. WHITE: -- is going to stay the same. Okay, that's change number one. The second change I believe you told us about was for second entity's total cost you wanted was 100. MR. OSSORIO: And Mr. White, that's on Page 8, and that's on the bottom. It says second entity fee. MR. WHITE: Correct. Page 17 August 19, 2009 MR. OSSORIO: It went from 50 to 56. And I'm saying to you that the PMG, you know, didn't realize that a second entity has to go in front of the licensing board to get approval, and there's steps involved on that. We have to spend, you know -- MR. WHITE: I'm not challenging your rationale; I'm just trying to make sure I got the table right. MR. OSSORIO: Yeah, got it exactly right. It goes from 50 to -- PMG recommendation is 56, my recommendation is 100. MR. WHITE: Then the third change was for state registration total cost recommended -- MR. OSSORIO: That's on the same page. MR. WHITE: -- was 19.94 and you recommended 50. MR. OSSORIO: Its current is 10, proposed is 20, and my recommendation is 50. MR. WHITE: Okay. MR. OSSORIO: Those are the changes. MR. WHITE: With that sort of clarified, can you or Mr. Dunn tell me when the report was actually done by PMG, when they conducted the study and developed the methodology, some of the history of this? I want to know how relevant it is to today's date. MR. DUNN: We sent out a request for a proposal and a quote a few months back. I don't have the exact dates with me. But we had I think four contractors submit it, to do the analysis for the fees. MR. WHITE: So it's a study that was done over the past four to six months. MR. DUNN: Exactly. They've had -- most likely after we awarded the contract with this person, the company, they've had approximately four to six weeks to do the analysis, to sit and come in and meet with all the staff members, with contractor licensing, and a building department personnel, the planning, the permitting tax. They've also done, you know, this analysis for Broward County and Ft. Lauderdale, so they have experience. August 19, 2009 MR. WHITE: Apparently. Because at the bottom of Page 2 -- MR. DUNN: You should see that mistake. MR. WHITE: I don't know if it's a mistake or not, you're telling me now it is, that the rates were obtained from the finance department of Collier County -- MR. DUNN: Exactly. MR. WHITE: -- as opposed to Broward? MR. DUNN: Exactly. This is just a draft that was submitted. We have changes to make to it, and we've sent it out to staff. And we're also sending it to the board members today to take a look at the draft, in case you have any recommended changes. And it will be going to CBIA. MR. WHITE: You may want to have them -- Page 2, the end of the second paragraph, it says, the last line, last full line says to ensure that all polices, it should be I believe policies. MR. DUNK: Exactly. MR. WHITE: Okay. I think more generally the concern I have is that although I support the goal, the process that we're going through here is one that I'm a little concerned about. Can you tell me which BCC meeting in October we're actually planning on going to? MR. DUNN: Well, actually, it was originally scheduled for the first meeting in September, that was the 15th, and -- MR. WHITE: The budget? MR. DUNN: -- we had -- yeah, and we had to move it because we wanted to make sure we had enough time for DSAC and the sub -committees and CBIA to take a look at this analysis. So we actually moved it so now it's going to be in October, it's going to be the first meeting in October that we're actually going to take the fee schedule, the recommendation to increase permit fees and contractor license fees. CHAIRMAN JOSLIN: So at the moment these fees are your Page 19 August 19, 2009 recommendations as far as what PMG has come up with? MR. DUNN: That's right. CHAIRMAN JOSLIN: What you're asking us to do I think now is just to give you a direction as far as to go forward with the draft to complete the analysis, and then come back at some point to get a final approval from the board as far as the changes that are going to be made? MR. DUNN: We're going to take final approval to DSAC, and we're also going to make -- of course we have to take the ordinance before the Board of County Commissioners for approval. MR. WHITE: Can I ask a question about your DSAC sub -committee? Are there any representatives of this panel on that sub -committee? CHAIRMAN JOSLIN: No. MR. DUNN: We have a CBIA member, we have -- I don't have the exact names. We have an architect, an engineer, a building contractor. MR. WHITE: You don't have anybody from this Contractor Licensing Board? MR. DUNN: Not from this board. MR. WHITE: Okay. MR. DUNN: We could invite you. I mean, the first meeting is going to be next week. They're meeting with the budget office in our budget department for the building department. MR. WHITE: Correspondingly, as to the full DSAC, are there any members of this board that also sit on DSAC? MR. DUNN: No. MR. LANTZ: I'd like to just address something on the -- it's probably more towards Michael. On the state registration fees, you had -- they had the cost at 19.94. And you said that they were off and there should be an August 19, 2009 additional $30.06 which makes it $50. MR. OSSORIO: Yeah, I see it. MR. LANTZ: I'm just curious how they could be that far off. I mean, the other adjustments were, you know, seven percent, eight percent, but you're saying that they're, you know, 150 percent off. And I'm just curious how you got to that figure and how -- MR. OSSORIO: Well, when I talked to PMG -- and I'm not saying that he is Mr. Mark on this, but, you know, unfortunately I'm a licensing supervisor, I sit there on a daily basis upfront and I register state contractors. And I think they're all pretty much state contractors here. It takes us a lot more time than what it says here on licensing compliance supervision and customer service, .25 on a biannual rate. Not just every year. There's no doubt in my mind I can look at Mr. Lykos and say I can track you and how many times I went in your certificate, and I'll bet you I go in there -- remember, I have to maintain all these records. You know, your qualified business license, I have to make sure that you're up to date on that. I have to make sure that every two years you bring me a copy of your license. I have to make sure you have workers' comp. insurance by statute. I have to put you on hold when your insurance goes out of synch. We have to be the certificate holders or you will not be able to pull building permits. MR. WHITE: So which of the subcategories under the state registration on Page 7 at the top do you see that $30.06 falling into? Is it more than one category under personnel, is it indirect -- MR. OSSORIO: I would say it's more -- it's the customer service right here is I would say two-thirds more. And what we did is -- how I did it was, is that if you take a full-time person, which two-thirds of our contractors are state certified contractors, there are about eight, 9,000 contractors that are state certified. When I say state certified, they could be electrical, plumbing, mechanical, whatever the widget might be. Page 21 August 19, 2009 Is that -- we spend two-thirds of our time keeping track of state certified contractors on a daily basis. And so I took that number and I roughly said if it was 5,000 contractors it would be 150,000 or 140,000 per year if they did. Right now if you can look at July, give you an example, on your packet -- on your July monthly calculations. This is for the year. 10/1/2008, 7/31/2009. State contractor fees. Right here: 11,040. We can't conduct business like this. I don't care if you have to go to CBIA, I don't care if you go to DSAC. 11,040. This is for one year. MR. LANTZ: What was it the previous year when the renewal sanction was? MR. OSSORIO: I have no idea. But I'm only going by year to year so we'll divide it by two. MR. LANTZ: But isn't this biannual, so it should be heavily weighted in one year as opposed to the other year, correct? MR. OSSORIO: You're absolutely right. I mean, it should be. We're talking about a budget is for one year. MR. LANTZ: No, I understand that. But if you're saying you're processing the state fees, the year that the license -- MR. OSSORIO: I also calculated -- I didn't calculate the 1150001 I calculated how many contractors might anticipate renewing in an even year, which would be 6,000. Say 6,000 renewed times 50 is a number. And you divide that by two, and that's where I came up with my analysis of my staff time. MR. WHITE: So kind of going back to the point, is it under licensing compliance that the bulk of this $30 -- MR. OSSORIO: No, I don't think -- I tried to stay away from state registration licensing compliance. This is strictly registration; how we regulate your license as in pulling building permits. MR. WHITE: Is there something that's missing? Is there a cost item in here that your $30 should be stuck in? I'm just trying to -- MR. OSSORIO: Yes, I said -- OEM August 19, 2009 MR. WHITE: -- follow their methodology. MR. OSSORIO: I said to'customer service and, you know, if you're looking at supervisor of personnel, .1 hour, I probably spend more time than that per one hour dealing with state licensing, getting their licenses up to date and current. I'm not here to go ahead and -- I'm not a bean counter, I'm not PMG, but I can just tell you, that number -- that's where I got my number from, those two items. So if you're saying .25 hours, I would say in a whole it -- for customer service, I would say .75. And hear me out. I mean, if we approve this, these numbers, obviously then PMG will have to come back in and make obviously the grammar mistakes and make the necessary hour changes and we'll communicate with them. And if there's -- if I'm wrong or he's wrong, we'll amend it. I'm not here to belabor the point, but it is what it is. We're not having a meeting next month. You're the first in line. I recommend that if you don't feel comfortable passing these fees, you say you don't support or deny it, but maybe have the chairman -- authorize the chairman to speak on DSAC and see how they (sic) comes up and have a joint agreement on it and you have more time on it. CHAIRMAN JOSLIN: Yes. MR. BOYD: Mike, so this $50 fee that we're talking about right now, that's for those of us that are state certified to register our license with Collier County. The $50 fee covers two years. MR. OSSORIO: Exactly right. MR. BOYD: Okay. That fee is not out of line with what I pay all over -- MR. OSSORIO: No, I know that. MR. BOYD: Cape Coral, City of Fort Myers, Lee County. That fee is not out of order, and I don't have a problem with that. The problem I would have is, you know, we've got thrown this August 19, 2009 thing, which some of the rates are going up 45, 50 percent. I wish I could raise my prices right now 45, 50 percent, but I can't do it. So, you know, that's where we're in a quandary is how can we justify raising everything 45 to 50 percent and, you know, just being thrown that. You know -- MR. OSSORIO: Mr. Boyd, and I -- MR. BOYD: -- I almost would come to a separate meeting to address this, if we have to. MR. OSSORIO: And I agree with you, Mr. Boyd. But the issue is, is that in 2001 you made a resolution -- and I can pull the records -- and we raised the fees a tiny bit. And you said to -- you gave direction to staff and you said if these fees are not enough you need to come back. Because license is important. You know, health, safety, welfare. There's not a day goes by that we don't issue a stop work order for a health/safety issue. And we're not going to get ad valorem tax. So, you know, it's -- maybe in a couple of years we can advocate it, we'll take it to the board when the dollar does this and the yen does that, whatever it might be. But the bottom line is, these fees -- if we raise these fees to where we are now, we are in line with every other city, municipality. We're probably even below the scale. MR. WHITE: Was that part of what PMG was asked to do? MR. OSSORIO: No. MR. WHITE: No? MR. OSSORIO: I don't think they took other jurisdictions. But I'm telling you as a personal level, and Mr. Boyd can tell you -- and I can tell Mr. Boyd is that if your fees as a sign company was 40, 50 percent less than Fort Myers, you would raise your fees. MR. BOYD: I don't disagree. MR. OSSORIO: Okay. MR. BOYD: I totally support that -- you know, probably those fees have been low for the last three to four years. Page 24 August 19, 2009 MR. OSSORIO: Exactly right. MR. BOYD: And one of the problems I have is the fact that you're not getting any general funds when you should be, because code enforcement does. And code enforcement's still working five days a week. And I think we as a board should push to get you some funding from the general fund. You deserve it as much as code enforcement. MR. WHITE: Meaning the statements are the same and the ultimate benefit to the citizens are essentially the same, so that the costs should be shared from the 111. CHAIRMAN JOSLIN: I think I see Mr. Boyd's aspect as far as this goes, because of the fact that we are not in the general fund. And what we're doing, I think Mr. Lykos is considering, is that we're allowing these increases and allowing the contractors to be paying for items that don't pertain to licensing. If that's what I'm getting at correctly. Which I don't agree with either. However, at the moment we are still locked into the 113 or the 11 1, whichever fund we're into. And I'd like to definitely -- if it takes a motion or if it takes the board to sit down with someone or go before the commissioners and try to get out of this fund and make licensing a self-sufficient entity here, I think we can do that. I think we're more than self-sufficient to be able to do that. MR. WHITE: Could -- before I'm kind of able to make an informed choice about that, I'd like to better understand what the process steps are here. I know you've got a DSAC sub -committee meeting next week. That's what you mentioned. You've got DSAC when? MR. DUNN: September. MR. WHITE: 1 st? MR. DUNN: 2nd. It's a Wednesday. MR. WHITE: Correct. Okay, the 2nd. And then you're not going to the board until October 13th? Page 25 August 19, 2009 MR. DUNN: Exactly. I think that DSAC meeting has actually been changed. The DSAC is going to be working on the Land Development Code I believe on the 2nd. And that's a full day. So we might have moved that further into September. That's why we had to postpone going to the Board of County Commissioners, because we didn't have enough time. You know, we got this just last week. MR. WHITE: It seems that in the past, in 2007 there was an independent resolution from the Contractor Licensing Board relative to their view of fee changes pertaining to contractor licensing department. I'd like to put you in a position where you would have that same type of input from this board. And I heard one of my fellow board members suggest that if we even had to come back for a special meeting in September for that purpose, that we might be willing considering doing that. So I'd like to know when those dates are and also whether our -- if we had a meeting, for example, third week September, would that still allow you enough time to get information into the executive summaries, combine it with what you have from DSAC and its sub -committee to make a meaningful recommendation to the Board of County Commissioners at their meeting on the October 13 date? MR. DUNK: I believe if you came back the second week in September, that would help, that would greatly help us. That would give us enough time. I know -- you know, the executive summary, you know, the whole analysis has to be completed. And of course, you know, we have to get it to the Board of County Commissioners. But we have postponed it. I mean, we had to move it out of September because our budget office wouldn't be able to prepare all the fee schedules and have their analysis completed for the Board of County Commissioners. Page 26 August 19, 2009 So if you want to come back the second week in September, we'd be happy to have another meeting the second week of September. CHAIRMAN JOSLIN: I think that would be something that would be definitely in line. That way I think you satisfy more of the people on the board as far as satisfying their questions. And we would get the questions that answered answered (sic) relative to the changes that are going to be made. I mean, I understand that we need to make changes and we need to increase the fees, because we are behind in times, no doubt. But I just don't want to see it go rampid (sic) to where as we're paying for a lot of other things that doesn't have anything to do with licensing. MR. DUNN: Well, the fees that we're looking for, the increase in fees is going to be for licensing. You know, I promised before that we were going to increase staff, we increased staff. CHAIRMAN JOSLIN: Right. MR. DUNN: I promised this time if we increased the fees we're going to increase staff, we're going to add another investigator. And we want to do that. I mean, you know, we don't have enough staff to cover the county. Contractor licensing needs more folks. You know, we beefed them up as much as we can with the funding that we receive now. So with this increase, we'll be able to add another investigator. That's the whole purpose. And so the money's going to be used in contractor licensing. MR. NEALE: And just as a reference point for the board, Mr. Ossorio did attach to the front of this the resolution that was passed by this board in May of 2007. And I think as he pointed out, the relevant paragraph is the second paragraph in here where the board did discuss the -- that the level of service should not be reduced, which I think is what the board's saying here. CHAIRMAN JOSLIN: Right. MR. NEALE: But what I think Mr. Dunn and Mr. Ossorio Page 27 August 19, 2009 would like from the board, either now or at the September meeting, is a similar kind of resolution and finding, if I'm correct. MR. DUNN: Correct. MR. WHITE: Certainly, it would seem if that's the case, then what we should have had today in combination was something, a resolution for 2009 drafted for our consideration. Because I'm thinking at the minimum there is no other way other than a motion and whatever from this board, and that's just an item in the executive summary. There's nothing that is any kind of loss that the Board of County Commissioners are ever going to see about what our deliberations and recommendations may have been other than a number. CHAIRMAN JOSLIN: Well, I think if we come up with a -- correct me if I'm wrong, Mr. Neale, but we can come up with a tentative -- a motion to allow staff and the county to go forward on this resolution as far as the fee changes goes, but it won't become law or it won't go before the commissioners for final approval until it comes back in September. But we have to give them some kind of direction to proceed. MR. NEALE: Well, what the board would have to do in my opinion is to schedule effectively a special meeting of the board next month, since the regularly scheduled meeting is not until October. Schedule a special meeting next month to consider a resolution on fees. And then the board could meet at its pleasure next month, consider a fee resolution, and I draft that fee resolution before that meeting. And then the board could transmit that fee resolution to staff and the DSAC and the BCC for their consideration, if that -- MR. OSSORIO: One of the things, Mr. Neale, I know we did last time in 2007 is that we had a good argument in 2007 with the proposed fees back then. There was a consensus, you gave us direction, you wrote a resolution and the chairman signed it. There Page 28 August 19, 2009 was no special meeting. I don't know what a meeting next month is going to change. PMG did their study. On the bare minimum this is what we're going to need to go to, you know, 40 hours minimum. So me belaboring -- you know, having the issue come back next month, your job as the health, safety and welfare of the community, you directed me to make sure we didn't have a reduction. We have a reduction. Our staff is working 32 hours a week. PMG basically said, they did an analysis on this thing, no matter what my recommendations are, this is the minimum. Are we going to get ad valorem information this year? Probably not. Maybe in two years we can look at the fees and we can direct staff or we can do a reduction in unlicensed activity if we do get those kind of funds. But it's not uncommon, the board comes to a consensus and Pat Neale writes resolution or I do and the chairman signs it as he signs all the orders after the board meeting. MR. WHITE: I think the big difference for me, Mr. Chairman, is that one of the things I was hoping to have staff do is to put down in some kind of a table what the other jurisdictions are charging so that we do have some documentation that supports the statements that were made today and I think our perhaps general impressions from our own experiences of what those fees are. So that we have something that, you know, kind of helps support this in taking it to the Board of County Commissioners. CHAIRMAN JOSLIN: I know myself as a pool contractor, I can attest, just like Mr. Boyd, that if you go to Cape Coral or any other jurisdictions, Lehigh -- I mean Lee County, I mean, their fees are much higher to do the same types of things that we're doing here for a lesser cost. So I know that we're in a sense behind the gun. We're behind times as far as fees goes. And we have never increased those fees to anything that even comes up to the other jurisdictions. So I don't think Page 29 August 19, 2009 we're out of line, I'm trying to make sure that everybody is on the same page as far as how we do it. MR. WHITE: That begs the question of why PMG wasn't apparently tasked with groundtruthing these fees relative to other jurisdictions. MR. D N: Excuse me -- MR. WHITE: I've got two conflicting -- MR. DUNN: Excuse me. I sat in with PMG. Michael, his staff worked with them on the analysis part of it on how they functioned in their department. PMG did an analysis based on what the other areas in Fort Lauderdale, Broward County, Miami -Dade, they're working up in Lee County. I mean, they're a state-wide consultant. I mean, they work on fees, they specialize in fees. They did an analysis; they saw our fees were way low. They knew they were going -- it was going to be -- we were going to have to have an increase. We were happy it just came down with the numbers that we have now. You know, I thought it was going to be a lot higher. But, you know, they have an analysis completed. You know, he's worked -- I know the last couple of years he's worked in Broward County and Fort Lauderdale and Miami -Dade and they do all of the state. I mean, you know, we picked somebody that had experience in Florida. They know what the other communities do in contractor licensing boards. They work with contractor licensing boards. They know the type of fees that are paid. CHAIRMAN JOSLIN: Mr. Lykos, you had another question? MR. LYKOS: So we can get on with the rest of our business, I'm going to make a motion. And hopefully it will be appropriate and we can move forward. I'm going to make a motion that we endorse a fee increase today and the amount of that fee increase will be pending a fee analysis by DSAC with one of our members sitting in -- I'm sorry, the DSAC Page 30 August 19, 2009 sub -committee with one of our members sitting in on that fee analysis meeting. And that our board hold a special meeting in September, and that the board member that attends that fee analysis meeting will report back to our board and then our board will vote to approve the amount of the fee increase. CHAIRMAN JOSLIN: With one minor change. Is it possible that we could increase that to two board members, myself and you? Myself as a chairman, you as a vice-chairman. MR. LYKOS: I'll amend my motion to include the chair and the vice chair of this board to sit on that sub -committee, DSAC sub -committee. MR. WHITE: Second. And one request for a favorable amendment, that being that we would approve that fee by way of resolution that the board would consider in September. MR. LYKO S : Add that to my motion. CHAIRMAN JOSLIN: I need a second. MR. WHITE: I seconded. CHAIRMAN JOSLIN: Oh, you seconded the motion, sorry. Any discussion further? MR. OSSORIO: One. When you say meeting in September, you know, obviously we don't have one planned for September. CHAIRMAN JOSLIN: I know. MR. OSSORIO: We'll go ahead and get it planned. I have no problem. But this meeting is not going to be a full-blown agenda meeting. CHAIRMAN JOSLIN: Right, I was -- MR. OSSORIO: This meeting is a specific item to fees, so it shouldn't take more than an hour. CHAIRMAN JOSLIN: Yes, right. MR. OSSORIO: Do you want to have a court reporter there? Do we need one? Mr. Zachary? MR. WHITE: I'm assuming it's audio recorded as well. Page 31 August 19, 2009 MR. OSSORIO: Well, if you can get the room. The problem is, is that it's very difficult to get this room. MR. WHITE: You can audio record it regardless. CHAIRMAN JOSLIN: We could do this at the county. Is it possible -- MR. OSSORIO: Sure. CHAIRMAN JOSLIN: -- to do this at the county rather than here? MR. OSSORIO: I'm just letting you know, is there a good day you're looking -- the board members wish to have a special meeting on? Is there any particular day? MR. WHITE: Well, I know from my schedule, I will be taking this beard across country the first and second weeks of September. So I couldn't do maybe -- I don't know if we could do it any day of the week, but not until at least the 14th. MR. LYKOS: When's the DSAC meeting? MR. WHITE: I think it's going to be the second -- MR. LYKOS: The sub -committee meeting. MR. DUNN: Sub -committee is next -- the 26th. MR. LYKOS: Of August? MR. DUNN: Yes. MR. LYKOS: So we need to meet immediately thereafter so that we can endorse the exact amount of fees, pass that endorsement onto DSAC and onto the board. We need five members to participate in that meeting? CHAIRMAN JOSLIN: Yes. MR. LYKOS: Okay. So I think the date of the meeting is not relevant to the motion. MR. WHITE: Correct. MR. LYKOS: Why don't we get the motion resolved and then we can even outside of this meeting at the end of our meeting today, we can resolve the date and the time of that meeting. Page 32 August 19, 2009 CHAIRMAN JOSLIN: One last question, though, the court reporter. Mr. Neale, should we consider a court reporter for that meeting? MR. NEALE: I'll let Mr. Zachary -- CHAIRMAN JOSLIN: Or Mr. Zachary. MR. NEALE: -- take that one. MR. ZACHARY: Off the top of my head, I don't think a court reporter is required. It would be preferred. It's a public meeting, it has to be noticed, open to the public. I think the bare minimum would be a recording or -- and someone to take notes. Preferably a court reporter to be there, then you wouldn't have any question. CHAIRMAN JOSLIN: Okay. I think that would probably be in line, only because of the fact that if the fees changes it may affect a lot of contractors, right? MR. OSSORIO: No problem. CHAIRMAN JOSLIN: So there probably should be a record. Okay, we have a motion and a second on the floor to approve, as Mr. Lykos has motioned. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 6 -- 7-0. All right. Put that to sleep for a moment. Mr. Dunn? MR. DUNN: Yes, I wasn't clear on who the two members on the Page 33 August 19, 2009 sub -committee were. CHAIRMAN JOSLIN: I'm sorry? MR. DUNN: The two members that you were appointing for the sub -committee. CHAIRMAN JOSLIN: Myself and Mr. Lykos. MR. LYKOS: Chair and vice chair. CHAIRMAN JOSLIN: Chair and vice chair, we'll be there. MR. DUNN: Okay. CHAIRMAN JOSLIN: We just need notification when and where and we'll be there, okay? MR. DUNN: Okay. It's going to be on the 26th and we'll send you an invite. CHAIRMAN JOSLIN: Thank you. MR. LYKO S : Thank you. MR. DUNN: Thank you very much, board members. CHAIRMAN JOSLIN: You're welcome. All right, on to some new business, huh? Is there a Steven Winters here? Would you please come up to the podium here and be sworn in. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Winters, you are here before us today to -- requesting to qualify a second entity; is that correct? MR. WINTERS: Yes, sir. CHAIRMAN JOSLIN: All right. And currently you qualify or you're going to qualify Setterquist Carpet and Tile? MR. WINTERS: Yes, sir. CHAIRMAN JOSLIN: And let's see here. Do you have your own carpet business at the moment yourself? MR. WINTERS: No, I do tile and marble. CHAIRMAN JOSLIN: You do tile and marble. MR. WINTERS: And I want to qualify them for the and marble. CHAIRMAN JOSLIN: I see. Page 34 August 19, 2009 MR. OSSORIO: Mr. Chairman, just a quick question. Mr. Steven Winters qualifies Steven Winters, LLC. MR. WINTERS: Correct. MR. OSSORIO: He's a tile and marble company. He wishes to qualify Setterquist Carpet, Tile and Marble. Setterquist Tile and Marble has a carpet license already, but they want to go have a tile and marble license as well. MR. JERULLE: In lieu of the Steven Winters, LLC or in addition to? MR. OSSORIO: Addition to. So he qualifies Steven Winters, LLC and he wants to qualify a second company called Setterquist Carpet and Tile, Incorporated; am I correct? MR. WINTERS: Correct. MR. OSSORIO: Did you pay your $50 fee? MR. WINTERS: Yes, sir. MR. OSSORIO: Okay. CHAIRMAN JOSLIN: So actually Steven Winters as the license holder is qualifying, not Steven Winters, LLC? MR. WINTERS: Correct. CHAIRMAN JOSLIN: Okay, just to make sure. MR. WHITE: Based on that, Mr. Chairman, I have a couple of questions maybe on the application to help straighten some of the answers out that don't seem to make sense. CHAIRMAN JOSLIN: I know, I didn't -- go ahead. MR. WHITE: On number five -- do you have the application with you, Mr. Winters? MR. WINTERS: Yes, sir. MR. WHITE: I think it's the third page that says -- number five at the top, questionnaire, qualifying. MR. WINTERS: Number five or letter? MR. WHITE: It starts at the top of the page it says five. At the bottom right-hand corner it's number four. Page 35 August 19, 2009 MR. WINTERS: Oh, okay. MR. WHITE: Okay. Under letter B you answered no. So I'm a little confused because your answer in A says you work for the proposed entity. I think you mean you work for the entity that's going to be qualified. MR. WINTERS: They sell tile and carpet, and right now they -- I contract the work from the customer through them. We want them to be able to contract the work; be licensed so that they can contract the tile work from the customer. CHAIRMAN JOSLIN: Under your license. MR. WINTERS: Under my license. MR. OSSORIO: There was no -- Setterquist never had a the and marble qualifier, so the answer is no. CHAIRMAN JOSLIN: I gotcha. MR. WHITE: Okay. MR. WINTERS: It was a little confusing for me too when I was CHAIRMAN JOSLIN: Any other questions, Mr. White? MR. WHITE: Yes. On the next page under letter N as in Nancy, you're listed as the owner? MR. WINTERS: Correct. MR. WHITE: I think if it's an LLC -- MR. WINTERS: A member. MR. WHITE: Okay. Because that then matches up with what you said on Page 7. MR. WINTERS: I apologize for that. MR. WHITE: Okay. And if I direct your attention to Page 8, the affidavit. MR. WINTERS: Okay. MR. WHITE: What firm is he supposed to be signing for here? Is it Setterquist or -- Page 36 August 19, 2009 CHAIRMAN JOSLIN: That's who he is wanting to qualify the second entity. He's trying to qualify Setterquist Carpet and Tile. MR. WHITE: If that's the case, I don't believe he's an officer of that firm. MR. OSSORIO: No, this is an affidavit for the application that's true and correct, this affidavit. MR. WHITE: Okay. Well, then if the affidavit was acknowledged by -- appears to be acknowledged by the Notary. I think it should have been Mr. Winters name instead of the Notary's name that went in there. I may be mistaken about that. MR. OSSORIO: I think you're correct. MR. WHITE: So I don't know if the affidavit is valid or not, but I'll leave that to staff to rectify. MR. OSSORIO: Yeah, under the ordinance, under the application it doesn't say it has to be notarized, it just says an affidavit. That's how we actually get the affidavit, by getting it notarized. We can fix that before he goes forward. MR. WINTERS: My name should have been here? MR. OSSORIO: Yeah. We can fix number eight. CHAIRMAN JOSLIN: I have some questions then. Mr. -- MR. WHITE: Just one more, if I may, Mr. Chairman? CHAIRMAN JOSLIN: I'm sorry, go ahead. MR. WHITE: On Page 10, this resolution, there are no witnesses. And there's no designation of Mr. Winters' title. I'm assuming he'd be signing this as part of the -- I don't know why he's signing this. And quite honestly, because unless he's an officer of Setterquist somehow, which none of the other records support him being -- MR. WINTERS: No. MR. WHITE: -- then I don't know why he'd be signing it. MR. OSSORIO: Yeah, Mr. Winters, you shouldn't have signed on that bottom. But Setterquist signed above you? Page 37 August 19, 2009 MR. WINTERS: Yeah. MR. OSSORIO: Okay. So you just signed underneath it? MR. WINTERS: Yeah. MR. OSSORIO: Okay. MR. WHITE: And I don't know which of the D. Setterquists that is. There appear to be a few of them. MR. WINTERS: Don Setterquist. And he's here today. MR. WHITE: It doesn't have his title on there, and there's no witnesses, Mr. Ossorio. I'm assuming we can correct those matters as well. MR. OSSORIO: No problem. MR. WHITE: I think that's it for now, Mr. Chairman. CHAIRMAN JOSLIN: I thank you, Mr. White. I have some questions for you. First of all, Mr. Neale, considering that Steven Winters is going to be qualifying this entity and not Steven Winters, LLC, we are looking at a credit report here that only reflects around Mr. Steven Winters; is that correct? MR. NEALE: It depends on how long he's been in business. MR. WINTERS: Since November. Last November. MR. NEALE: Okay, then you would be looking at his credit report. CHAIRMAN JOSLIN: His personal. MR. NEALE: Right. CHAIRMAN JOSLIN: All right. Mr. Winters, in the packet I have an In Balance credit report here. MR. WINTERS: Correct. CHAIRMAN JOSLIN: In that package it shows that there are several things derogatory on you. MR. WINTERS: Yes, sir. CHAIRMAN JOSLIN: You want to elicitate (sic) and elaborate what's going on here, especially with the child support? August 19, 2009 MR. WINTERS: My child support is taken care of. It was paid off with my tax return. They're still holding the money so it's still on the credit that it's bad. But I was $2,200 behind, and they took that money and they're holding it. They're holding it for 170 days. But I do pay an extra $50 every week for my child support for my arrears. So in the time that they're holding that money, I'm still paying my back child support. Is that clear, or no? CHAIRMAN JOSLIN: From the records that I have, it shows that it goes from -- you've been paying child support since '03; is that correct? MR. WINTERS: Yes, sir. CHAIRMAN JOSLIN: And as of '06 you were behind $2,769. MR. WINTERS: Right. CHAIRMAN JOSLIN: And then as of now in '09 you're still behind $2,422. MR. WINTERS: There was a -- I have a daughter -- I have two daughters. And when my second daughter was born, my wife and I weren't together. And she had a D.N.A. testing later, so all the medical expenses came back. You understand what I'm saying? So after '06 they added more when they found out the paternity from the paternity test that the daughter was mine. CHAIRMAN JOSLIN: I have another concern. As I look through your packet, I'm looking for your economy checking through your LLC corporation, and I'm seeing a lot of money transfer through but I'm not seeing a very large ending balance when the months are passed. MR. WINTERS: Right. CHAIRMAN JOSLIN: Is there a reason for this? I mean, I'm seeing some pretty substantial amounts of money going through but you're ending up with -- MR. WINTERS: I'm just getting started. CHAIRMAN JOSLIN: -- $30 or -- Page 39 August 19, 2009 MR. WINTERS: Yeah, I'm just getting started and trying to catch up on other bills and stuff like that from being behind from no work during the winter months. But things are getting better now. CHAIRMAN JOSLIN: This is my concern. Because of the fact that maybe not financially you may not be able to support another business, especially a Setterquist, which is as large as they are. That's my concern. I mean, any other comments from the board? MR. LYKOS: I have some questions, Mr. Chairman. CHAIRMAN JOSLIN: Go ahead, Mr. Lykos. MR. LYKOS: Back on Page 4, question number five, which Mr. White referred to earlier. Letter A, it says that there are some jobs that they need to be qualified for. I think we've cleared up that they're qualified now to do carpet only and you'll be qualifying them for the and marble; is that correct? MR. WINTERS: Right, correct. MR. LYKOS: Okay. And then the second issue, which would be under Item B. what about workers' comp. and liability insurance for the added scope of work? There's no workers' comp. paperwork in here. Does this company -- MR. WINTERS: I'm workers' comp. exempt. MR. LYKOS: Okay, you are. So you're the only person -- MR. WINTERS: No, I -- MR. LYKOS: -- that's going to be doing work? MR. WINTERS: -- have two others that are workman's comp. exempt. And we're the only three that work. MR. LYKOS: Are those other two officers of your corporation? MR. WINTERS: They're members, yes. CHAIRMAN JOSLIN: Members or officers of the corporation? MR. WINTERS: Members, as an LLC. MR. LYKOS: Right as an LLC as members. Michael, would this -- would Mr. Winters qualifying Setterquist M August 19, 2009 allowed Setterquist to hire people outside of Mr. Winters' company to do tile and marble? Wouldn't that allow Setterquist to do that? MR. OSSORIO: Yes. Setterquist would be -- he's qualifying a qualified business. Once he gets a -- once a licensee qualifies a qualified business, that qualified business will be doing tile and marble and carpet, and they might have four or five employees that work for Setterquist. The bottom line is is that tax will be taken out, workers' comp. will be taken out, and Mr. Winters would be the qualifying agent. MR. LYKOS: We need to make sure that Setterquist has workers comp. and liability insurance -- MR. OSSORIO: Of course. MR. LYKOS: -- for the added scope of work. Do we have that verification? MR. WINTERS: I do all the work for Setterquist, the tile and marble. MR. LYKOS: Well, as of -- if we approve this you do. MR. WINTERS: Right. Right. MR. LYKOS: But if one day you get in a dispute with Setterquist and you don't work there anymore, they'll still be allowed to do that, unless you come back and say that you don't qualify them anymore. MR. WINTERS: I understand. MR. LYKOS: Or they could get busier and say hey, we're going to add on another crew, and nobody saw the fact that there isn't workers' comp. coverage for those other people or that the liability insurance doesn't cover that additional scope of work. So I want verification that Setterquist will have workers' comp. and liability insurance, because you'll be allowing them to do that work without you. MR. OSSORIO: Typically when he'll come in, we'll have a checklist, Setterquist will have to provide us with a description. Page 41 August 19, 2009 Have you ever seen a certificate of insurance? On the bottom it says what he can do, carpet, tile, whatever that widget is. We'll make sure it says tile. It's really up to the -- I agree with you that, you know, we're dealing with four or 5,000 contractors. If I stopped and examined every single certificate on my desk, every single scope of work and get a -- I think it's called a document -- MR. JACKSON: Declaration page. MR. OSSORIO: Declaration page, thank you. We're looking into that. As a matter of fact, that's one of the things I just touched on earlier with this fee increase. With that extra help, that individual will be doing the declaration page. The second page, it says description in the class code. So if you are a carpentry contractor doing carpentry work and you tell the insurance company you're a clerical, we can see that and you'll be penalized for it. Right now we don't have that, obviously. We're looking for the future, but we'll see. MR. LYKO S : I understand. MR. OSSORIO: Okay. MR. LYKOS: Typically when we get these packages, we get documentation of the workers' comp., and we don't have that in this package. At least when I went through this package I didn't see it, which is why I made a note. So we don't have workers' comp. documentation for Setterquist. That's why I had the question of -- MR. OSSORIO: No, but you need to take the workers' comp. exemption, which I think is in the packet, or we get the policy. It's either/or. Obviously if you can have employees, we want to know about it. But it's not uncommon that a general contractor, a building tile company comes in with this exemption and we have that on file and he has four or five employees and the county doesn't know about it. Page 42 August 19, 2009 MR. LYKO S : I understand. MR. OSSORIO: So we go out in the field and we do that legwork. MR. LYKOS: But I don't want you to have to do that after the fact. Let's get this done up front. MR. OSSORIO: Yes. MR. LYKOS: I mean, if we decide to approve this, I would make a caveat that Setterquist provides the workers' comp. documentation so that we know you don't have to go find out later that they have people on the job that didn't have workers' comp. and then we're up here for a citation for not having workers' comp. MR. OSSORIO: Is Mr. Setterquist here? MR. WINTERS: Yes, sir. (Mr. Setterquist was duly sworn.) CHAIRMAN JOSLIN: You're Mr. Setterquist, the owner of Setterquist Carpet and Tile -- Carpet, sorry. Setterquist Carpet, correct? MR. SETTERQUIST: Right, yes. CHAIRMAN JOSLIN: Do you now carry a workman's comp. Policy -- MR. SETTERQUIST: CHAIRMAN JOSLIN: Yes. -- for your carpet installations? MR. SETTERQUIST: Yes. CHAIRMAN JOSLIN: You do. Would you have a problem providing a copy of that to the board MR. SETTERQUIST: No. CHAIRMAN JOSLIN: -- should we grant this gentleman his second entity to qualify your company? MR. SETTERQUIST: Not at all. We can do that. CHAIRMAN JOSLIN: Okay that's the question. You can be seated. Page 43 August 19, 2009 MR. SETTERQUIST: Thank you. MR. LYKOS: A few other questions, Mr. Winters. Actually, you know what, Mr. Setterquist, I'm sorry, you might as well stay up here, since you've been sworn in, because I have some questions with regard to -- let me get that page now, since Mr. Setterquist is up here. In the -- I use pink so I can find my notes. Now I've just got to find the one with -- the page with the pink on it. Here it is. Page 10, which is the resolution authorization. Under the name of the business, there's -- the business has been called a couple different names. At the beginning of the application it's called Setterquist Carpet and Tile. The first two times it's listed as Setterquist Carpet and Tile, the third time it's listed as Setterquist, Inc., and the fourth time it's listed as Setterquist, Inc. And then at the bottom of the page again it's Setterquist, Inc. I wasn't sure if there was two separate entities, if this was just a matter of trying to save your hand from having to write more words. Is there two separate businesses here? MR. SETTERQUIST: No, one business. Setterquist, Inc., d/b/a Setterquist Carpet and Tile. MR. WHITE: Somebody ought to -- CHAIRMAN JOSLIN: Let me ask you a question, Michael. Didn't you just tell us earlier that Setterquist is a carpet company only? MR. OSSORIO: That's correct. CHAIRMAN JOSLIN: Well, then how can it be called Setterquist Carpet and Tile. MR. OSSORIO: Ask Mr. Setterquist. MR. SETTERQUIST: Setterquist Carpet and Tile has been doing business since 1976. And back in 1976 all we needed is a license and -- for the one person responsible. It happens to be my son, who's a director of the company. And until last year that was fine. We could put in wood, carpet, August 19, 2009 window treatments, tile, vinyl, anything we wanted to put in. But now we have to have a separate license for tile. And we thought we were all covered, but that wasn't good enough. MR. OSSORIO: You sell tile, too, am I correct? MR. SCHUCK: Oh, yeah, we have a -- MR. OSSORIO: So you have a retail sale office too. MR. SETTERQUIST: Yeah. Yes, sir. MR. WHITE: And I think I understood Mr. Winters to say that all the tile jobs since the licensing change took place have been done through his LLC? MR. SETTERQUIST: That's correct. CHAIRMAN JOSLIN: As a subcontractor then. I understand. MR. WINTERS: That's right. CHAIRMAN JOSLIN: Okay. What's the pleasure of the board? Anymore questions or discussion? MR. WHITE: You may not have heard me, but RBC Bank thinks the name of your business is Setterquist Carpet and Tile, Inc. So MR. SETTERQUIST: We -- at one time we were known as Setterquist Carpet, and then d/b/a The Carpet Shop. And then we also had a furniture store that was known as The Happy Sleeper and we were on file as that at one time. But this has been, you know, we've been here 34 years, so we've made some changes over the years. Maybe not all of them got posted properly. MR. WHITE: Well, it seems to be at odds with what the corporate entity that was created says as to the name of the business. MR. JERULLE: Mr. Chairman? CHAIRMAN JOSLIN: Sure, Terry. MR. JERULLE: Mr. Ossorio, do you have a recommendation? MR. OSSORIO: I recommend you approve it with the changes of Pages 7 and 8. MR. JERULLE: Thank you. Page 45 August 19, 2009 MR. OSSORIO: And get insurance. CHAIRMAN JOSLIN: I'll make a motion that we approve it. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: With one exception -- I'm sorry -- to make sure that that Workmen's Comp. policy comes in to staff. And I would like to approve the second entity; however, I think I would put it on a 90-day probationary period. I would like to see something happen with this child support situation on your credit. After 90 days you'll either come back to us and show us some kind of proof that this child support is taken care of -- MR. WINTERS: No problem. CHAIRMAN JOSLIN: -- or at least it's reduced or you're taking care of it. MR. WINTERS: It will be paid off, because one of my daughters has come to live with me as of Friday and my child support stops. CHAIRMAN JOSLIN: Okay. Well, that's all I'm asking for. MR. WINTERS: No problem. Thank you very much. CHAIRMAN JOSLIN: You're welcome. That's a motion. I need an amendment to the motion, probably -- a second? MR. BOYD: You amended your motion? CHAIRMAN JOSLIN: I amended the motion. MR. BOYD: I'll second it, Boyd. CHAIRMAN JOSLIN: A motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. Page 46 August 19, 2009 MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. OSSORIO: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. O S S ORIO : Break. CHAIRMAN JOSLIN: Need a small break? Okay. We'll take a 10-minute recess here. Make it for 10:35. We'll adjourn till then. (Recess.) CHAIRMAN JOSLIN: I'd call the meeting back to order for the August 19th Collier County Contractor Licensing Board, and we'll pick up where we left off earlier. The next item on the agenda, is a Mr. Donald A. Darling, Jr. present? Please, come up and be sworn in. (Mr. Darling and Mr. Ganguli were duly sworn.) CHAIRMAN JOSLIN: Mr. Darling, you are before us today because you are contesting Citation No. 4881 -- MR. GANGULI: No, sir, Mr. Joslin, that's an error. CHAIRMAN JOSLIN: -- for unlicensed landscape? MR. GANGULI: 4882. CHAIRMAN JOSLIN: I have 4881 in front of me. Thank you, Mr. Ganguli. MR. WHITE: That answers my first question about having elected the option to pay it. CHAIRMAN JOSLIN: All right, this citation -- Mr. Ganguli, were you sworn in already? MR. GANGULI: Yes, sir. CHAIRMAN JOSLIN: Okay. Mr. Ganguli, you're the one that investigated the situation. Would you like to elaborate on what you saw. MR. GANGULI: Yes, sir. Page 47 August 19, 2009 First of all, I'd like to address the two things: One, that in Mr. Darling's administrative complaint he makes mention of Citation 4882, which is the one you have in your packet that I just handed to you. And the one he included was 4881, which he's not contesting. So I just wanted to be clear on what I just did. CHAIRMAN JOSLIN: Okay. So if I'm understanding this correctly, Citation No. 4881 was an unlicensed landscape contractor citation that -- MR. GANGULI: Yes, sir. CHAIRMAN JOSLIN: -- that he did not contest. MR. GANGULI: That's not being contested. 4882 for advertising as such is being contested. CHAIRMAN JOSLIN: Okay. But the first one was paid already? MR. DARLING: Yes. Yes, it was. CHAIRMAN JOSLIN: It was paid? MR. DARLING: Yes. CHAIRMAN JOSLIN: Okay, continue. MR. GANGULI: The other thing I also wanted to do is speak to Mr. Darling and his administrative hearing request. He may have felt that I treated him unfairly, and if that's the case, I do apologize to you, sir. I'm always confident substantiating my reasoning in front of these gentlemen, and you'll have the same opportunity. MR. DARLING: Absolutely. I didn't feel that you necessarily treated me unfairly, I just thought maybe there was -- the wording of my company was -- MR. GANGULI: Understood. MR. DARLING: -- misunderstood or taken in the wrong context. MR. GANGULI: Understood. CHAIRMAN JOSLIN: Okay, the way I see it here, I'm just going to give an overview of what I see. First citation was for a August 19, 2009 landscaping service that you've done, or landscaping that you did that you were unlicensed to do; is that correct? MR. DARLING: Correct. CHAIRMAN JOSLIN: All right. And then clearly on the -- apparently on the side of the truck you have a sign that's listed as Darling Landscape Services, Inc.? MR. DARLING: Yes, correct. CHAIRMAN JOSLIN: All right. So Mr. Ganguli gave you a citation for advertising landscaping. MR. DARLING: Yes. Landscape installation, yes. CHAIRMAN JOSLIN: Not landscape installation but landscaping as a word. MR. DARLING: Yes. CHAIRMAN JOSLIN: Is that what your sign says? MR. DARLING: Yeah, my sign says Darling Landscape Services, which is a noun. And the services that we provide, such as cutting the lawn, fertilization, mulching, that type of thing, I would think that that was included under landscape maintenance. CHAIRMAN JOSLIN: Okay, but that's not what your sign says. Your sign -- MR. DARLING: Landscape services -- CHAIRMAN JOSLIN: -- says landscape services. MR. DARLING: Well, I would say that maintenance or services are the same thing. We're providing a service for a landscape. Maybe I'm confusing that, but that's the intent of it. CHAIRMAN JOSLIN: Would you say that landscape as a service, is that something that you do for someone that you get paid for? MR. DARLING: Yes. CHAIRMAN JOSLIN: Okay. MR. DARLING: As a service for them. You know, cutting the grass and so on, so forth, as I've just mentioned. Page 49 August 19, 2009 CHAIRMAN JOSLIN: Right. The definition of service -- do you know what that is? MR. DARLING: To provide a -- I don't know, provide service for a fee. CHAIRMAN JOSLIN: According to Webster's, it says it's to make or keep ready for use. Obviously your service part of your signage is what got you in trouble. Landscape is a noun, no doubt, until you change it and put it into a different context. And what you did was you said you do landscape services -- MR. DARLING: Uh-huh. CHAIRMAN JOSLIN: -- which changes that now over to a verb, telling you that you are advertising to do landscape services, anything to do with landscaping, correct? MR. DARLING: If that's your interpretation then I guess maybe mine is -- CHAIRMAN JOSLIN: It's not mine, it's Webster's. MR. DARLING: Okay. CHAIRMAN JOSLIN: I go by the dictionary. MR. DARLING: Okay. CHAIRMAN JOSLIN: It's easy that way. MR. DARLING: Sure, sure. I didn't -- you know, I was just trying to -- I'm not trying to be difficult here, I was just trying to understand what -- you know, what is right and what is wrong, that's all. CHAIRMAN JOSLIN: Mr. Ganguli, what did you actually see at this -- MR. GANGULI: Mr. Joslin, on June 4th, 2009, I observed a crew from Darling Landscape Services, Incorporated planting shrubbery at the residence located at 5640 Hammock Isles in the Vineyards Country Club. Although advertising on the equipment indicated landscape Page 50 August 19, 2009 services, my investigation revealed a Collier County business tax receipt for lawn maintenance only. I called Mr. Darling to advice him of the violations I observed and issued two citations: Number 4881 for unlicensed contracting, and No. 4882 for unlicensed advertising, which was signed by his crew leader on the job site. Citation 4882 for unlicensed advertising was issued based entirely on the evidence you have in photographs in front of you. That was my interpretation. MR. OSSORIO: Mr. Chairman, we try to be consistent in licensing. If a gentleman is doing electrical work and outside his van it says electrical services, well, he gets a ticket because he's -- the impression of those homeowners and impression of the public is saying that he does electrical work. So there's really no difference between landscape services and electrical services. We try to be consistent, so that's what we do. CHAIRMAN JOSLIN: Mr. Lykos? MR. LYKOS: I make a motion that we uphold the citation. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: I have a motion and a second to uphold the Citation No. 4882. All those in favor -- any discussion first? MR. WHITE: Yes. Just if I could, can you tell me what the scope of work for the license is that Mr. Darling has? MR. OSSORIO: Mr. Darling has a business tax receipt for lawn maintenance, cutting grass and those kind of items. MR. WHITE: That's the scope of service. MR. OSSORIO: That's his scope of service. MR. WHITE: Thank you. MR. DARLING: I did -- I have applied for my landscape license, after I talked to Mr. Ossorio. And I have applied for that. I have passed the test for the contractor's license, and I've picked up the Page 51 August 19, 2009 packet, and I'm proceeding with all of that. So I'm trying to do the right thing here. I do have Workmen's Comp., I do have a limited spray license, which very few people in the county actually have, to spray. It's called a roundup license, basically. So I do have liability insurance. I'm trying to do the right things. I'm just really trying to get an explanation of why, you know, I was cited for this. And certainly what you're saying, you know, makes sense. So I'm just -- CHAIRMAN JOSLIN: We appreciate your comment and that, but there's a motion on the floor. All those in favor of the motion, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. You have to pay the fine, Mr. Darling. And the reason is because what you're doing is you're trying to advertise yourself as a landscape service company. And that's what happened. If you said the landscape -- I do landscapes, well, you could be looking at another train looking at a landscape and saying there's a landscape. That's a noun. That's what you're thinking. MR. DARLING: Yeah, I understand. CHAIRMAN JOSLIN: But now that you've got it together and you've got your license under way, then I don't think you'll have any more problems with -- MR. DARLING: I really don't. I was just trying to understand, Page 52 August 19, 2009 you know, the difference there, landscape services or landscape installation or landscape contracting. I could see if I had landscape contracting or landscape installation written as my -- CHAIRMAN JOSLIN: Well, that service is the one that got you, okay? MR. DARLING: I understand what you're saying. I just -- I also don't want to change the name of my company, obviously. CHAIRMAN JOSLIN: Well, you won't have to. If you get the license you won't have to. MR. DARLING: Sure. CHAIRMAN JOSLIN: Okay? MR. DARLING: Thank you. MR. LYKOS: Good luck. CHAIRMAN JOSLIN: Next on the agenda is a Donald L. Hans. Are you present? MR. HANS: Yes, sir. CHAIRMAN JOSLIN: Please come to the podium also and be sworn in. (Mr. Jackson and Mr. Hans were duly sworn.) CHAIRMAN JOSLIN: Mr. Hans, you're before us today because you are contesting Citation No. 4838, issued to you by Ian Jackson. Mr. Jackson, have you been sworn in? MR. JACKSON: I was. CHAIRMAN JOSLIN: Would you like to elaborate a little bit on what you found Mr. Hans to be doing improperly. MR. JACKSON: Sure. On June 4th I received a call from a plumbing inspector for Marco Island, Gary Konicek, I believe his name is, regarding unknown work that was going on at a condo. I went to the condo, met Mr. Hans, who explained that he was a tenant there. And I asked him to come in -- if I could come in to see Page 53 August 19, 2009 what kind of work was going on. He allowed me to enter, where I observed a recently painted condo and the refurbishing of two bathrooms, including removal of toilets, removal of cabinetry, both of which in Marco Island requires a building permit. There was a stop work order posted. And in my talking with Mr. Hans, it was determined that he was responsible for the removal of the cabinetry and the toilets to paint the condo. And I then asked Mr. Hans how he was being compensated for the painting and he said there was a reduction in his rent. Therefore, based on what Mr. Hans told me I considered that compensation and I cited Mr. Hans for unlicensed painting there and then, and also posted a stop work order for the unpermitted bathroom remodeling, since there has been a building permit issued for that remodel. But the issue was painting that day and being compensated by a reduction in rent. CHAIRMAN JOSLIN: Was anybody working on the bathroom when you were there? MR. JACKSON: There was a licensed plumber doing some work there. He and Mr. Hans both explained that he was doing some light plumbing, some installation of fixtures, if I'm not mistaken. With the stop work order that plumber left, talked with the homeowner, explained to the homeowner what needed to be done, getting a general contractor to get the building permit for the bathrooms. The bathrooms isn't the issue of why we're here today. CHAIRMAN JOSLIN: Right. MR. JACKSON: The compensation for painting is. CHAIRMAN JOSLIN: Right. Mr. Hans, would you like to -- MR. OSSORIO: Before we go further, Mr. Jackson, did you look at a lease agreement? Page 54 August 19, 2009 MR. JACKSON: Mr. Hans did show me a lease agreement between himself and the owner, and included in that were construction type items, painting, the refurbishing of the bathrooms. In the condo I wasn't able to get a copy of anything, but based on his testimony in the condo, based on what he showed me in that lease agreement that contained construction items, that's why I cited Mr. Hans. CHAIRMAN JOSLIN: And Mr. Hans testified to you, told you that this is how he was being compensated for -- MR. JACKSON: When I asked him how he was being paid, he said there was a reduction in rent. CHAIRMAN JOSLIN: Mr. Hans? MR. HANS: Well, the last statement Mr. Jackson made is incorrect, I didn't say that at all. I did let him in. He said he was an inspector. He came in and looked around. And he was indicating about the painting and I said yes, I did all the painting myself. I'm moving in. In order to move in, I wanted to make sure the condo was in proper condition before I did that. His words were -- he asked if I was compensated for this work and I said no, I am not compensated for this work. I did it free because I'm moving in and I want it to look nice. And he says, people don't paint for free. That's his exact words. And I said well, I am to take care of the place. I know the lady and I'm fixing it up. He said, well, you're not compensated. I said no. He said, well, what about all this paint and everything that's going on? I said, all the materials that I am paying for to paint the place is being reducted (sic) from my rent. So if I bought paint, if I bought rollers, if I bought things, that was coming off the rent, not compensating for the labor work to paint the place. Page 55 August 19, 2009 And he said well, that's -- you're being compensated then. And I said no, I'm not, just for the materials that's in there. So we had further conversation, and I tried to explain again that I'm not being compensated. I showed him the contract, as Michael had mentioned. I also showed him in the contract that addendum that said specifically that the work was being done at no cost to the owner. I showed him that. And I also asked Mr. Jackson if he'd like to call the owner, she'll explain to him that I am doing it for free. I'm fixing the place up to move in. So I was not being compensated, I have not been compensated. I have an affidavit from the owner, if you'd like to see it, Chairman. I brought one, because I didn't know who all would be here, indicating that I was not compensated at all for doing the work in the condo. So, you know, I talked to a couple of GC's, you know, about the statute, and he said the intent of this statute is to make sure that people don't paint for a living and be compensated for it. All I was doing was painting where I was living, just like if I was a homeowner. That's all I was doing. And I did remove, as Mr. Jackson said, a couple of vanities, because I wanted to paint behind them before they put the new vanities in. But that's all I was doing. And I was completely done when he came. There was no more painting to be done after that point. CHAIRMAN JOSLIN: Any questions of the board? (No response.) MR. HANS: Any other questions of me, I'd be glad to answer them. MR. WHITE: I'd like to take a look at the affidavit, if -- MR. HANS: Sure, sure. CHAIRMAN JOSLIN: We have to have a motion that this personal written affidavit of facts from Rachel Klein, owner of condo Page 56 August 19, 2009 unit 403, Princes Del Mar, Marco Island, Florida, be submitted into evidence. MR. WHITE: So moved. CHAIRMAN JOSLIN: Second? MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKO S : Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Mr. Hans, do you live in this apartment? MR. HANS: Yes, sir, I do. CHAIRMAN JOSLIN: Do you live in the apartment that you were painting? MR. HANS: Yes, sir. CHAIRMAN JOSLIN: Were you living there at the time you were painting, or -- MR. HANS: No. CHAIRMAN JOSLIN: -- was this something that you were just potentially going to move into? MR. HANS: I was going to move into, yes, sir. MR. WHITE: Did you have a signed lease at that time? MR. HANS: Pardon me, sir? MR. WHITE: Did you have a signed lease? MR. HANS: I did. We signed the lease May 1 st. I was supposed Page 57 August 19, 2009 to move in June 1 st, but it wasn't completed. I didn't move in till about the 15th of June. CHAIRMAN JOSLIN: By your own testimony, though, you said that for the materials that you purchased for, the rollers, the paint, the brushes and all the tape and everything it takes to do that painting work, that was going to be deducted from your rent -- MR. HANS: That's correct. CHAIRMAN JOSLIN: -- to pay you back that money, correct? MR. HANS: That's correct. For the materials, not for the labor itself. CHAIRMAN JOSLIN: Normally a contractor, when he contracts he normally contracts labor and material. He doesn't contract just the labor. Most of the time. Some contractors do, but very seldom do I see too many labor only contracts come out. Generally it's a contractor contracts his labor and material. In which case then you would definitely have become a contractor, because you included materials in that payback to you. Even though it was a reduction for your rent it still becomes a contractor -- MR. HANS: Well, she's an 87 year old lady and she wasn't going to go out and purchase the stuff. She just asked if I would get it first and she would just deduct it from the rent. I mean, you know, I'm not a contractor, I'm a tenant living there. CHAIRMAN JOSLIN: It would have been -- MR. HANS: I'm a banker. CHAIRMAN JOSLIN: -- easier in some cases if she'd have given you a $50 bill and said here, go buy it and give me the change. MR. OSSORIO: Mr. Hans, you have a copy of the lease agreement? MR. HANS: I do. MR. WHITE: I've got his testimony as to when he said he entered into it, a sworn statement from this gentleman about what it Page 58 August 19, 2009 purports to say. I don't feel I need to see it, but other members may feel differently. CHAIRMAN JOSLIN: Mr. Jerulle, you had a question? MR. JERULLE: No. Mr. Ossorio just asked the question. I'd like to see the lease if I could, please. Or at least the page that MR. HANS: There's no -- the addendum to this -- THE COURT REPORTER: Mr. Hans, you need to be on the mic . Thank you. MR. HANS: The part that I showed Mr. Jackson, the addendum, isn't with the original contract that I have here. This states that at no cost to the owner. It does -- just said there's an addendum to it. I don't have that with me. MR. JERULLE: Why is that? MR. HANS: Why is what, sir? MR. JERULLE: Why is it that you have -- MR. HANS: Well, that was the only thing I thought I had to bring. I just happened to have this with me. Just to verify signature or that I was a tenant is the only reason I brought it. I don't have the whole thing. She has the original contract. MR. JERULLE: So we have -- you do not have the page that Mr. Jackson was referring to? MR. HANS: No, I don't. CHAIRMAN JOSLIN: One other thing. On this letter -- this is kind of unique, but on this written affidavit of facts we have a Rachel Klein who signed it and the same Donald Hans notarized it. MR. HANS: As a Notary I'm just verifying she's the individual, not that the facts are true and correct. I can't verify that as a Notary. All I'm doing is verifying that her signature is correct and she is Rachel Klein. And I have her contract, if you want to look at that. It's the same signature. August 19, 2009 CHAIRMAN JOSLIN: What's the pleasure of the board? MR. LYKOS: Let me just throw this out, because I think everybody -- I kind of sense everybody is in the same place I am. I don't think that we want to give a citation to a guy who's moving into an apartment and wants to paint it before he moves in. I think in my history I've probably done stuff like that where I was renting somewhere and maybe did the yard work or painted before I moved in because I wanted it to be nice and clean when I moved in. That being said, this whole thing with the bathrooms being remodeled -- and even though that's not the issue at hand, I just get a sense that there was a lot more going on. And even though, Mr. Hans, it appears that you were only involved with the paint, I just start to question the bathrooms and cabinets, and there was a licensed plumber on site, there's no permit. So now who was running the project? And it just -- if it was just the paint and nothing else was going on, it's kind of a black -and -white for me. But with all your stuff going on, I just start to feel different about it. MR. HANS: Well, if I could make a comment on the plumber, he was there for an estimate. He came in for an estimate. And when he came in, he saw that the stuff was leaking, the shutoff valves. And that's what I was getting an estimate on, the shutoff valves. They were leaking real bad. And even though he had to turn the water off, they were still leaking. And he said, well, while I'm here, should I just fix this? I said, well, just fix that one, if you will, because it's leaking real bad. That way there's no problems downstairs. And then Mr. Jackson came when he was there. But he was there just for the estimate, and we explained that to Mr. Jackson when he was there. MR. LYKOS: I understand. But toilets were removed, cabinets were removed. I don't know many painters that remove toilets and August 19, 2009 cabinets to paint. Now, you made a comment earlier that you wanted to paint before new cabinets went in. MR. HANS: Yes, sir. MR. LYKOS: Well, now again we're talking about remodeling bathrooms. If this was just about paint, to me, it's a no brainer. But we're talking about pulling toilets and cabinets and countertops and plumbing fixtures, and it just takes on a whole different feel than just some guy who's painting a condo before he moves in. MR. HANS: Well, I think my citation is for unlicensed painting. MR. LYKOS: I understand. And that was -- MR. HANS: I was doing nothing else there. MR. LYKOS: That was made clear to us at the beginning. That issue was separate. I'm just saying how I feel -- MR. HANS: Yes, sir, that's fine. MR. LYKOS: -- okay? I feel like if it was just paint, it's black -and -white, probably shouldn't be a citation. But with everything else going on, I don't think it's that clear anymore, and that's why I'm conflicted. CHAIRMAN JOSLIN: Understand -- MR. NEALE: Except that the board really just has to look at what the charge was, not extraneous circumstances. He's here for unlicensed painting. CHAIRMAN JOSLIN: Right. MR. LYKOS: Okay. MR. JERULLE: I think we had a case several months ago very similar to this, and I think we upheld the citation, so I'm going to make a motion to uphold the citation. CHAIRMAN JOSLIN: A motion. I need a second. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: A motion and a second to uphold Citation No. 4838. Page 61 August 19, 2009 All in favor, signify by saying aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. WHITE: Opposed. MR. BOYD: Opposed. CHAIRMAN JOSLIN: Two. Motion carries 5-2. MR. HANS: Could I make -- CHAIRMAN JOSLIN: You'll have to pay the fine. MR. HANS: -- a comment? I understand. Could I make two comments? CHAIRMAN JOSLIN: Sure. MR. HANS: One, you need to be aware, when the inspector came out, he tried to twist my words around, just to get the citation, number one. CHAIRMAN JOSLIN: Okay, let's not go any farther then. MR. HANS: The other was is I think it's ridiculous. I know you need money, but to charge somebody that's painting their condo is ridiculous. CHAIRMAN JOSLIN: Mr. Hans. MR. HANS: And I'll make a note to the county about this, too. CHAIRMAN JOSLIN: Yes, sir, you can do what you like. MR. HANS: I will. CHAIRMAN JOSLIN: Next one on the agenda for today is Adam Sandifer. Would you please come to the podium and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Sandifer, you are before us today Page 62 August 19, 2009 regarding -- you're applying for a license to call it Elective (sic) Elements, LLC. MR. SANDIFER: Yes, sir. CHAIRMAN JOSLIN: And you are before us today because of a credit problem? MR. SANDIFER: Yes, sir. CHAIRMAN JOSLIN: What's the actual -- what is Elective LLC going to do? MR. SANDIFER: It's Eclectiv Elements, and we're going to do cabinet installations, manufacturing, millwork such as that. CHAIRMAN JOSLIN: It's called Collective (sic)? MR. SANDIFER: Eclectiv. CHAIRMAN JOSLIN: Eclectiv. MR. SANDIFER: Yes, sir. CHAIRMAN JOSLIN: All right. Is the spelling on this correct the way it's spelled? MR. SANDIFER: E-C-L-E-C-T-I-V. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Mr. Chairman, just for clarity and maybe for speeding this -- CHAIRMAN JOSLIN: Yes. MR. OSSORIO: -- up, his business is less than one year old, so we went on his personal credit. There's some medical issues in there that we didn't take into account, but there are some issues in there, minus the medical, that unfortunately that shows to his not paying his bills. So his license was referred to the Contractor Licensing Board on 6/2/09. CHAIRMAN JOSLIN: Right. I'm seeing two pages worth of collection items. MR. SANDIFER: Yes, sir. MR. WHITE: May I inquire, Mr. Chairman? CHAIRMAN JOSLIN: Sure. Page 63 August 19, 2009 MR. WHITE: Mr. Sandifer, with regards to the item pertaining to AFNI Incorporated, what's the status of that? It's $196. I guess the original creditor was Embarq. MR. SANDIFER: Paid for. MR. WHITE: You've since paid them in full? MR. SANDIFER: Yes, sir. There's a -- I don't want to interrupt, but there's a lot of stuff that's on there. I lost my job the end of last year. And through that time I was without work for about five months. And a lot of the smaller stuff that you see on there were things that I couldn't pay for and it went into collections. And since that time I've been paying a lot of that stuff back. I plan on paying all of it back. It's just that at the time it was pay my rent to where I was living and eat and feed my family or pay that. And unfortunately I had to make a decision, a choice. MR. WHITE: The dollar amounts for the medical payments really don't seem that large. I mean, the largest of them is 255, 178, 62 bucks, 25 bucks. Are any of those paid? MR. SANDIFER: I'm working on paying those off at this time too, sir. MR. WHITE: So none of them have been paid? MR. SANDIFER: Some of them have been paid for, yes. Not all, but some have, yes, sir. MR. WHITE: You wouldn't know which of them? Because it's kind of hard to tell. MR. SANDIFER: At this time, no, sir, I couldn't tell you exactly which ones I've paid for. MR. WHITE: You don't have any canceled checks for any of these? MR. SANDIFER: No, sir, at this time I do not. CHAIRMAN JOSLIN: There's also one that was -- kind of 0- �i August 19, 2009 bothers me a little bit, from Mazda America, with a charge -off. Apparently there was a repossession? MR. SANDIFER: I guess so. That's what they're calling it, yes, sir. CHAIRMAN JOSLIN: Did they take the car? MR. SANDIFER: I surrendered it. CHAIRMAN JOSLIN: You voluntarily gave it back? MR. SANDIFER: I did, sir. CHAIRMAN JOSLIN: And what's the status on that? MR. SANDIFER: At this time I have a -- I'm working with Mazda America to work a payment plan out with them. I'm supposed to be talking with them this week on that. MR. WHITE: There's one other item on here, Mr. Sandifer, the Ibis Club Apartments, nearly $2,000. What's the status of that? MR. SANDIFER: We moved out of there a couple of years ago. We had lived there for about six years. There were some damages to the apartment. We're presently talking with them as well about -- they didn't apply our security deposit to any of it, they just kind of took it. Now, that's not really an excuse. And, you know, at the end of the day I'm still going to have to pay for it and I agree that I have to pay for it. Everything you see on there, I will pay for. I'm not trying to make an excuse of why I have a bill, so -- MR. WHITE: Could you give us an estimate of how long you feel it might take you to make those payments in full? MR. SANDIFER: Probably within the next six to eight months. And there's not a great deal of money on there, it's just a lot of small stuff that I need to take care of. MR. WHITE: I don't disagree, but that's the reason why we're here. MR. SANDIFER: Yes, sir, I understand. MR. WHITE: Did Sears ever issue you a credit card? Page 65 August 19, 2009 MR. SANDIFER: I've never had anything from Sears. I don't remem -- I don't think I've ever applied to Sears. MR. LYKOS: Is there a recommendation from staff on this, Michael? MR. OSSORIO: I recommend we approve and put him on probation for six months and within six months have a credit report in my office. And if it makes improvement, probation will be lifted. If not, we'll schedule it for the board meeting, just as we've done in the past. As a matter of fact, I have one on my desk right now. MR. WHITE: I move the recommendation of staff, Mr. Chairman. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Got a motion and a second to approve with a recommendation of probationary license or report back in six months. All those in favor, signify by saying aye. MR. LYKOS: Can we have discussion first? CHAIRMAN JOSLIN: Okay. MR. LYKOS: So I understand properly, at the end of the six-month period we can do another review and we can extend it six months if we wanted to, we could -- MR. NEALE: Right. But if staff -- the way Mr. Ossorio recommended it is if at the end of six months staff deems that his credit's clear, that they -- he could move ahead. MR. WHITE: We wouldn't see it. CHAIRMAN JOSLIN: We wouldn't see it. He will make that choice. MR. WHITE: Same way administratively they're always handled. MR. LYKOS: I understand. MR. WHITE: I'm sure you do. CHAIRMAN JOSLIN: This is not going to get missed through Page 66 August 19, 2009 the cracks, though, right? I mean, would it be better if the motion says that he comes back before us in six months and we look at it? MR. LYKOS: I think I'm leaning towards let's just have him come back in six months. Let's just take a look at what's going on. CHAIRMAN JOSLIN: Yeah, that'll take a little heat off of you too. MR. WHITE: I'll amend my motion accordingly; ask the second to do as well. MR. LANTZ: I second. CHAIRMAN JOSLIN: Okay, the motion, as amended. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed. (No response.) CHAIRMAN JOSLIN: Motion carries 7-0. Good luck to you. MR. SANDIFER: Thank you. CHAIRMAN JOSLIN: Don't forget -- MR. SANDIFER: Six months. CHAIRMAN JOSLIN: -- six months you come back with a new credit app. and let's see some of that stuff gone, okay? MR. SANDIFER: Thank you, board. CHAIRMAN JOSLIN: You're welcome. You didn't want to watch him anyway, Michael. MR. OSSORIO: No. As long as he doesn't come on Fridays. MR. LYKOS: In six months you'll be okay. Page 67 August 19, 2009 CHAIRMAN JOSLIN: All right, next on the agenda is a Mr. Theodore A. Ryznar. Are you present? MR. RYZNAR: Yes. CHAIRMAN JOSLIN: Please come to the podium, be sworn in, please. MR. OSSORIO: Mr. Chairman, I want to give you a quick overview so we don't get lost in the shuffle here. Mr. Ryznar is a qualifier of a company called Zap Marine. He no longer wants to qualify Zap Marine. I think he owned 50 percent of it. He came in, disqualified himself and then tried to open up another marine company, another -- qualify another company. We checked his credit on Zap Marine and there was a substantial judgment on Zap Marine. So therefore, I was not able to go ahead and reissue him a new certificate to a new company due to the fact that he had a judgment on the previous one of the one he qualifies now. But maybe he can elaborate more. (Speaker was duly sworn.) CHAIRMAN JOSLIN: How long have you been here in business, sir? MR. RYZNAR: Pardon? CHAIRMAN JOSLIN: How long have you been in business here? MR. RYZNAR: I've been in business 25 years now. CHAIRMAN JOSLIN: I mean with the -- MR. RYZNAR: With the county? CHAIRMAN JOSLIN: No, not with the county, no. With your marine -- the company you qualified before, Ryzap (sic). MR. OSSORIO: Zap Marine. CHAIRMAN JOSLIN: Zap Marine. MR. OSSORIO: He still qualifies Zap Marine. He doesn't want to qualify -- he doesn't want -- he was in limbo. He came in and thought about disqualifying Zap Marine to qualify another company. August 19, 2009 He didn't want to associate with Zap Marine anymore. And when he pulled his credit he figured that well, wait a minute, if I get rid of Zap Marine, I can't get it back due to the fact that my -- I have a judgment on Zap Marine. So everything's at status quo. He wishes to go ahead and disqualify Zap Marine and qualify another company. But before he does that, he wants your approval to go ahead and open up another company to apply for a new license. CHAIRMAN JOSLIN: So he doesn't lose them both. MR. OSSORIO: So he doesn't lose them both. So if he disqualifies Zap and then he' stuck with no license versus right now he has Zap Marine but with a judgment. CHAIRMAN JOSLIN: Okay, one last question to you then. Under Zap Marine, with this judgment that's against him from Zap Marine, as a qualifier for the company he's responsible for this judgment, correct? MR. RYZNAR: I have two other members in it, and I was outvoted on that. I explained that in my letter to the board. I have tried to negotiate to get it settled. We've offered settlement on it and they refused to do it. MR. NEALE: Mr. Joslin? CHAIRMAN JOSLIN: Yes, sir. MR. NEALE: If it's just a civil judgment against the corporation, not a licensing violation or a fine imposed on his license, he's no more responsible for that judgment than if you had a judgment against your company for something and -- you know, that's the reason he's incorporated, basically is, you know, he's a limited liability company, and that limits his liability for that judgment personally. Unless they joined him personally in the lawsuit, the judgment is against the company, not against him personally. It doesn't have anything to do with his licensure specifically, unless it was a judgment against his license. CHAIRMAN JOSLIN: So we're not looking at a judgment at all Page 69 August 19, 2009 then; is that what you're saying? MR. NEALE: Well, you can look at the judgment. But just to say that he as a qualifier is responsible isn't correct. CHAIRMAN JOSLIN: Okay. MR. NEALE: That doesn't -- him being a qualifier doesn't make him any more liable than any other shareholder in that company. MR. OSSORIO: Mr. Neale, if you look under 489, and I don't know the section, but it does say something in there, 489-127, Section I, I think, or something. It says if a licensee fails to pay his civil judgment, that is a ci -- that is not a defense for a licensee that says I have no part of it. So there is a section in 489 that says a licensee is responsible for taking care of his civil penalties -- it says civil judgments -- within a reasonable amount of time or there's a charge for it. MR. NEALE: If those judgments are pertaining to the contractor, typically. MR. OSSORIO: Well, it says against the qualified business. Licensee pertaining to his qualified business. And I'd tell you, Mr. Zap Marine is a qualified business. He owns 50 percent of it and there's a civil judgment. In good faith I could not go ahead and issue him a new certificate with a civil judgment on top of it. The board may want to, but unfortunately the licensing refers that quite often. MR. JERULLE: Mr. Ryznar, how much do you own of Zap Marine? MR. RYZNAR: All the shares were divided 33 percent. And to be a qualifier as a member, LLC member corporation, I don't know how -- well, we all divided three ways. Voting was all three ways. The ownership of it, I had a majority of the equipment in the stock in the company, the 50 percent. MR. WHITE: Of the 50,000 shares, you had 25,000? MR. RYZNAR: Of the 50,000 -- no, we don't have shares in the Page 70 August 19, 2009 corporation. It's LLC. MR. WHITE: Then why is there a document at the last page of this that says that somebody has 50 percent of 25,000 shares. CHAIRMAN JOSLIN: That's the new company. MR. LYKOS: That's the new company. MR. WHITE: My mistake. Okay, as far as the managing members go -- MR. RYZNAR: Managing members, we have all 33 percent. MR. WHITE: With equal voting rights. MR. RYZNAR: Right. MR. WHITE: And can you explain, if you know, the rationale your other two members gave for not resolving this suit, working it out as stated you wanted to do? MR. RYZNAR: Well, as stated in the letter, that we were paying double for this piece of equipment. The company would not furnish the information, bill of sale and everything and deposit for us. We had the item financed. And finally after paying -- instead of $20,000 for it we were going to pay $40,000 for this piece of equipment under their lease agreement. And they said no way are we going to do that. CHAIRMAN JOSLIN: Was there a copy of the lease agreement that was signed by someone when you originally received this equipment? MR. RYZNAR: When we first started negotiation, yes, there was. And it was signed by two members. But after we were wanting to purchase this piece of equipment, we took it to our bank, we had the financing available, they approved it. And turned around, all we needed was documentation from that company. In the meantime they were charging us $3,500 a month rent for this thing that we were still negotiating on a lease agreement for, with them and our bank. And here I am, stuck with like 14,000 or $15,000 worth of rental on this equipment, when if they would have furnished the information right upfront, I would have purchased it through my Page 71 August 19, 2009 bank, which they did not. CHAIRMAN JOSLIN: And they wouldn't give you any compensation back for the amount of times -- MR. RYZNAR: No. CHAIRMAN JOSLIN: -- that you rented it or the amount of money you put into the rent? MR. RYZNAR: No. They wanted to charge me $18,000. And then they didn't even acknowledge our deposit on the thing. MR. JERULLE: So you want to leave Zap Marine -- you want to take your license from Zap Marine and move it over to Precision? MR. RYZNAR: Yes. MR. JERULLE: And you want to leave that debt with Zap Marine? MR. RYZNAR: Yes. MR. JERULLE: And you have not paid anything on that debt? MR. RYZNAR: No. They -- MR. JERULLE: Did you plan on paying anything on that debt? MR. RYZNAR: They told us that they would rather use it for tax write-off than -- we offered 50 percent on it to settle and they said no, we'd rather use it for a tax write-off. MR. JERULLE: Well, they want the whole amount. MR. RYZNAR: Yes. MR. JERULLE: My point is, is that you're abandoning Zap Marine and their debt to start a new company -- MR. RYZNAR: I have -- MR. JERULLE: -- and you feel no obligation to pay off that debt. MR. RYZNAR: I have two partners; one moved to Costa Rica, the other one quit. MR. JERULLE: Okay. Did you pay off 33 and a third percent of that debt? MR. RYZNAR: Could I? Page 72 August 19, 2009 MR. JERULLE: Have you? MR. RYZNAR: No. MR. JERULLE: Do you have plans to? MR. RYZNAR: No, I don't have plans to do it because they've already used it for a write-off. MR. JERULLE: I just don't feel comfortable with somebody abandoning -- you know, moving their license from one company to another company and leaving debt. Personally I just -- I just don't think that's the right thing to do. CHAIRMAN JOSLIN: And now all the other percentage of shareholders or members now are gone, so -- MR. RYZNAR: They're not completely gone, but they're still there. You know, one moved to Costa Rica, still in touch with things, and the other one, he actually quit the company. CHAIRMAN JOSLIN: Well, in my mind it says gone, I mean, in a sense. They're not here still functioning as a business, apparently. And now you're wanting to again remove yourself from the business and just leave Zap Marine out here with a debt and -- MR. RYZNAR: Zap Marine is still going to be in business, but it's not going to be in the marine business. I have two new partners that want to start up on the precision seawall and dock. CHAIRMAN JOSLIN: I'm just afraid that when this lawsuit does come to a head and they wait long enough and the collections get high enough and the dollars grow enough that when they do come back and try to recover this money that this new company of yours is going to be suffering and you -- MR. RYZNAR: It's already been judged. They've already got a judgment against it. CHAIRMAN JOSLIN: Well, they can act on a judgment, though. MR. RYZNAR: Yeah. Well, I furnished information to them and giving them all that. Page 73 August 19, 2009 CHAIRMAN JOSLIN: What's your recommendation, Mr. Ossorio? What do you think? I'll ask you. MR. OSSORIO: Well, this is something that doesn't happen that often. I recommend that we deny him a new certificate to open up a new business, a new qualified business, until he gets the facts to you other than saying that I tried to give 50 percent to the company or this is for -- this is all hearsay, which is good, but I think if he comes back to the board on a future date and says okay, here's a certified letter saying I want to negotiate with him for 50 percent, I don't know why anyone wouldn't want to take 50 percent. As somebody told me, a bird in the hand is better than two in the bush. So, you know, he needs to provide that documentation to you versus him just telling you. And he needs to provide that documentation that his partners left to Costa Rica and he was a managing member and he wasn't responsible. But he's a qualifier, he's responsible for the day-to-day operation of the business, hiring and firing, and under State Statute 489 he could be accountable for the qualified business activities, if he is a primary qualifier. CHAIRMAN JOSLIN: That's the way I understand the law. I mean -- MR. NEALE: However -- MR. OSSORIO: However. MR. NEALE: -- let's take this to a point. CHAIRMAN JOSLIN: Okay. MR. NEALE: And I will do the research on it for next meeting. But that would make the assumption that if you have a qualifier for Bonita Bay Group or WCI and they go bankrupt, that he then becomes liable for every debt of Bonita Bay Group or WCI. MR. LANTZ: Unless they have a financially responsible officer. MR. NEALE: Even -- MR. OSSORIO: A bankruptcy -- MR. NEALE: Unless they do. But at that -- Page 74 August 19, 2009 MR. OSSORIO: Mr. Neale? MR. NEALE: -- these are issues for contracting, not for general civil judgments. MR. OSSORIO: You're absolutely correct. If it was a bankruptcy, I wouldn't be here today. We've issued many licenses with current bankruptcy or in the process of bankruptcy. Well, this is a civil judgment. Could have been a homeowner, could be anyone. It's not a judgment -- I mean it's not a bankruptcy. If it was a bankruptcy, you're absolutely right. MR. NEALE: But even at that, what I want the board to consider and I want to review is let's assume neither of these companies -- you know, Bonita Bay's not bankrupt yet. Would you want to be the qualifier as contractors and liable for every judgment against that company? MR. RYZNAR: I'm doing this to protect my license. CHAIRMAN JOSLIN: I see your point, Mr. Neale. Yeah, I see your point. MR. OSSORIO: Do you have a copy of 489? MR. NEALE: This is saying that if one of your employees gets in a car wreck and there is a judgment against your company, because of that car wreck, nothing to do with your contracting, that that judgment would automatically, based on the logic you're using, attach to you personally as a contractor as the qualifier. Why then would anyone have an incorporated contracting business? MR. WHITE: I think the distinction that I see Mr. Neale making is that if the judgment were something that pertained to a contract with a landowner, a property owner for a seawall or a dock, and that would be something that I think you'd see the relationship between the judgment and the license. What we have here is some separate business arrangement for the purchase of a piece of equipment that -- I agree with Mr. Ossorio, there probably could be better documentary evidence of what the facts Page 75 August 19, 2009 are here, but we have the sworn statement under oath. So I'm just trying to give you another way of seeing what Mr. Neale is sharing with you, that there should be some relationship between his license and a contract as opposed to some other business or personal injury or some other aspect of judgment that can be levied against the business organization. CHAIRMAN JOSLIN: But this judgment that's against the business is a piece of equipment that was purchased for the use of that business. So wouldn't it tie into the business entity that it's being used for as in a sense a contract with -- MR. NEALE: Well, so then just taking it one step further, you go out and purchase a car, a truck to be used in your business -- CHAIRMAN JOSLIN: Right. MR. NEALE: -- and you buy it through the business, no personal guarantee on the note. Business has trouble, you don't make the payments. They take the truck back. They get a judgment against the business. Should that also be a personal judgment against you as the qualifier? CHAIRMAN JOSLIN: No. MR. NEALE: Okay. MR. JERULLE: But it doesn't change the fact that he says that he owns 33 and a third percent of Zap Marine and he's obligated for 33 and a third percent of the debt of Zap Marine. MR. NEALE: Not unless he signed a personal guarantee. MR. JERULLE: He owns part of that company and that company has a debt. Is he not responsible for that debt? MR. NEALE: Not unless he signed a personal guarantee. CHAIRMAN JOSLIN: No. MR. JERULLE: And do we know -- MR. NEALE: That's why you have a corporation. MR. JERULLE: Then we don't know if he signed a personal guarantee then. Page 76 August 19, 2009 MR. RYZNAR: No, I did not. MR. JERULLE: We don't have any docu -- MR. NEALE: But the judgment is only against Zap Marine, as far as we can tell. Now, we don't have adequate evidence on what the judgment was, don't have adequate evidence on who it was against, whether he was personally liable on it -- MR. JERULLE: I'm still not comfortable with the fact that -- I have a contractor's license, and I just am not comfortable with the fact that my company owes somebody money and I don't want to pay it so I'm just going to move my license to another company. That's an excuse not to pay. And I'm not comfortable and I'm not going to vote that we allow that to happen. I just don't think it's correct. MR. RYZNAR: That's not the reasoning why I'm doing this. I have 99.9 percent customers that have all been satisfied. I'm trying to protect myself against this, because of decisions on other parts of the other two owners on this thing. CHAIRMAN JOSLIN: Let me ask you a question then, and maybe I can clear some of it out. I'd still like to see some proof. But when you bought this piece of equipment or you signed some type of a contract or lease agreement or whatever you did to get this piece of equipment, someone had to go into that office or wherever you purchased it at and sign something that says, okay, we agree to X, Y and Z, at least for "X" number of years. Is that something that you did or that your partners did, or who signed that piece of paper? MR. RYZNAR: I signed the piece of paper. CHAIRMAN JOSLIN: How did you sign it as? MR. RYZNAR: Under the corporation. CHAIRMAN JOSLIN: Under the corporate name. MR. RYZNAR: Yes. Not personally. MR. JERULLE: I'd like to see that. Page 77 August 19, 2009 CHAIRMAN JOSLIN: Go ahead. MR. LYKOS: There are two credit reports in the packet, one for Mr. Ryznar personal and one for the business Zap Marine. The judgment is against Zap Marine, it's not on Mr. Ryznar's credit report. Which means that the judgment is against the company and not against him personally. MR. JERULLE: I accept that. But I'm still not comfortable with somebody, seems to me, abandoning one company to start another company because there's debt. CHAIRMAN JOSLIN: I have to agree with you, Mr. Jerulle. MR. LYKOS: Well, there's a saying, and I'm paraphrasing, I know I won't say it right, that you can't legislate morality. And you might think this is a moral issue, but law doesn't necessarily dictate morality, it -- there's a corporate shield for a reason. And even though you might not invoke it for a moral standpoint, there is a corporate shield to protect us as personal owners of a business, or officers of a corporation. MR. NEALE: Now this would be a completely different issue if he had an outstanding judgment from the Contractor Licensing Board for a penalty. That's directly related to his contracting business. Or if he had an outstanding judgment on a specific contracting business, that's potentially it. But for something like purchasing equipment -- MR. JERULLE: I understand what you're saying. I understand what you're saying, but you haven't changed my mind. CHAIRMAN JOSLIN: I'm going to -- another question. MR. WHITE: If I may ask Mr. Ryznar? What are your thoughts if you were to have offered to APEI one-third of the value of the judgment in exchange for a release? MR. RYZNAR: I've offered 50 percent. MR. WHITE: And you were told that they wouldn't give you a release as a managing member? MR. RYZNAR: No. August 19, 2009 MR. WHITE: So they wouldn't release Zap -- MR. RYZNAR: They wouldn't release -- MR. WHITE: -- totally? Because there's a distinction here between you going to them as a managing member and saying hey look, I've got this Contractor Licensing Board that I'm working with -- you don't have to tell them that, of course. But the point is you're trying to go and talk to them to get a release of you as the managing member. MR. RYZNAR: I have tried for three months now to settle with them. And they said no. I have offered them $10,000 to settle this thing -- that's 50 percent -- to settle this thing and get it out of the bushes, as you might say. CHAIRMAN JOSLIN: Mr. Lykos, do you have a question? MR. LYKOS: Well, I was going to say, I think I've got a sense of where you guys are trying to go with this. We want to get something from him so that he recognizes that he has some obligation. But with regard to the specifics of Mr. White's question, if this was me and let's say the judgment was for $100,000, if you ask for a personal release, you're removing the corporate shield. You're now asking for a personal release when the corporate shield is there to protect you personally. You'd almost be opening the door to then being -- having a judgment against you personally if you ask for a personal release. You've got to maintain the separation between the person and the corporation. MR. NEALE: I mean, you don't want to sit there and say well, release me personally, because then by extension you're saying I had some personal liability. MR. LYKOS: Correct. CHAIRMAN JOSLIN: Right. MR. WHITE: Which is why I said as a managing -- MR. NEALE: As a managing mem -- release my interest as a managing member from any -- Page 79 August 19, 2009 MR. WHITE: Exactly. MR. LYKOS: That still gets -- MR. NEALE: It's -- I don't know whether I'd recommend it, but yeah. MR. WHITE: Well, I'm just trying to find out what it is that might be comfortable grounds for our board to be able to actually consider and approve it. So I'm just trying to find something that may allow us to move forward from today and meet Mr. Ossorio's -- CHAIRMAN JOSLIN: At this time, is Zap Marine active? MR. RYZNAR: Yes. MR. OSSORIO: Mr. Chairman? CHAIRMAN JOSLIN: And it's still in business? MR. RYZNAR: Yes. MR. OSSORIO: I just want to read something in there, and then we'll clarify it. And I think I have a resolution here. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: This is under 489-129, Section Q. Failure to satisfy within a reasonable time terms of a civil judgment obtained against a licensee, or the business organization qualified by the licensee relating to practicing of a licensee's profession. Now, that's a violation of -- that's discipline. So what we can do is, is we can go ahead and issue him a temporary -- a new license, new certificate, put him on some probationary period. If he doesn't pay that with -- that judgment within a reasonable amount of time, we would charge him under 4.2 under misconduct of a licensed company. MR. WHITE: Could you read the phrase about relating to again? MR. OSSORIO: It says relating to the practice of the licensee's profession, which is marine contracting. And I guess if you buy marine equipment, that would be related to his profession. If you -- CHAIRMAN JOSLIN: I can understand -- MR. WHITE: I think that -- CHAIRMAN JOSLIN: -- your point. Okay, one at a time. August 19, 2009 MR. WHITE: -- splits the hair that Mr. -- MR. NEALE: I would not recommend this board go down that road. CHAIRMAN JOSLIN: No. MR. OSSORIO: Well, I'm just -- CHAIRMAN JOSLIN: I mean, I can see your point, Mr. Ossorio, for being able to put a handhold on him as far as to come back later on after he -- we say he pays this debt off. But in some cases in some ways I'm looking at this debt and saying okay, we have three people who are in this corporation and apparently all three want to walk away. And apparently the people that they owe the money to aren't willing to settle. So other than to maybe approve it with a probationary period and see what happens with it, if it's going to come to a head, I don't think it's going to take longer than a period of time before something's -- MR. NEALE: There's already a judgment against the business. CHAIRMAN JOSLIN: Right. MR. NEALE: They can do nothing to enforce that judgment against this gentleman. CHAIRMAN JOSLIN: Right. Personally. MR. NEALE: Personally. The judgment's against the business. They can go after Zap Marine's assets, they can shut it down, they can take its typewriters -- CHAIRMAN JOSLIN: Right. MR. NEALE: -- they can do whatever. But, you know, as Mr. Lykos correctly points out, they don't have a judgment against this gentleman. CHAIRMAN JOSLIN: Right. I see your point totally. MR. WHITE: And it appears from what we've been told, and this may be the level of documentary evidence Mr. Ossorio is looking for, the idea of being that somehow API has handled this as a tax write-off that could be documented. Because that would seem to be Page 81 August 19, 2009 the resolution of the matter from the perspective of could they thereafter then attempt to attach the assets of Zap Marine. If they've already effectively written this off as a loss on their books for tax purposes, it seems they would be in a difficult position if they later on tried to come back -- MR. NEALE: In effect they should issue a 1099 to Zap Marine showing they have taken that write-off. MR. LYKOS: There should be documentation. MR. NEALE: They should. I mean, whether they will or not, that's -- a lot of places choose not to do that, so -- MR. RYZNAR: They won't even talk to me. MR. NEALE: So it's unlikely that he's going to get that. MR. WHITE: The other thing, I think that, you know, in looking at the letter that was provided to us in our packet dated June 26th, at the end of the second to last paragraph it says that apparently also the partners, I don't know why it says former business partners, when the issue of taking an appeal which seemed to be one that would have been meritorious because there was not proper notice, the former partners, it says, voted against doing so. So I don't understand why they would take that action, but it seems to be consistent with the notion that efforts have been made to try to prevent the judgment first from attaching and then second, even in light of the fact that it may not have been warranted legally, would still have been a good faith effort, from what the gentleman's told us today, and he has on the record, to try to resolve it. So I just don't want to leave him with his hands tied and us feeling that he hadn't made a good faith effort. CHAIRMAN JOSLIN: Mr. Lykos? MR. LYKOS: This question is for either one of our or both of our attorneys. Will the judgment expire if it's not acted on in a certain time frame? Is there -- Page 82 August 19, 2009 MR. NEALE: Yeah, you've got a certain time in which to enforce a judgment. MR. LYKOS: It's 20 years. MR. NEALE: Yeah, 20 years. MR. LYKOS: Longer than -- MR. NEALE: Yeah, but -- MR. LYKOS: Like with liens, if we don't act on them in one year, they expire. But we're not talking about that kind of a time frame. This is something that would be a lot longer. MR. NEALE: No, but the thing is they're -- you know, as you point out, you know, it's by today's standards a relatively small judgment against a company that I'm sure they -- as I would if I were handling the litigation, I would have investigated that company to see if they got any assets. If they don't have any real assets, I'm not going to spend a whole lot of my client's money chasing down a company that has nothing. CHAIRMAN JOSLIN: Right. MR. NEALE: So you got the judgment hanging out there. If something happens, you enforce it. If not, it's a judgment that hangs out there. CHAIRMAN JOSLIN: Mr. Boyd? MR. BOYD: Mr. Ryznar, who has the piece of equipment? Does the APIE or whatever, do they have the piece of equipment back? MR. RYZNAR: Yes, they do. I returned it. MR. BOYD: Okay. So what they're going to do is they're going to write off the $20,000. They got the piece of equipment back, they're going to lease it out again and they're going to make money. MR. NEALE: Exactly. MR. RYZNAR: Yes. MR. NEALE: They got it, they took it back, they got it again. Yeah, that's why they don't want to settle, because then they'd have to show what kind of compensation they received for the Page 83 August 19, 2009 releasing of that equipment, reduce their judgment amount by that, you know, because they'd have to mitigate the damages, reduce -- the judgment at the end of the day may be zero once you go through that dance. So -- CHAIRMAN JOSLIN: All right, let's put this to sleep, huh? I'll make a motion that we approve the application for Mr. Ryznar to qualify and get his license for Precission Drywalling. MR. WHITE: Second. CHAIRMAN JOSLIN: Motion and a second. All in favor signify -- any discussion first. Any further discussion? MR. WHITE: Just one point, Mr. Chairman. There seems to be some lack of precision about the spelling of Precission -- MR. RYZNAR: Two S's. MR. WHITE: Some instances it's two, some instances it's one. MR. NEALE: I guess it's supposed to be two. MR. WHITE: That's the way it was formed and I would think that's the way that the license, if it's going to be issued should be issued. MR. JERULLE: Regarding the discussion, I still don't understand. He has a corporation, he has a license. Why he needs to transfer that license. CHAIRMAN JOSLIN: I think the biggest -- MR. JERULLE: But what our obligation is, to give it to him when he already has that opportunity. CHAIRMAN JOSLIN: Well, it's like Mr. Neale said, in a sense what we're doing is protecting his license that he has now because of a judgment that is against the corporation with three parties involved. MR. NEALE: There's only one reason this is here, and that's because it was referred to the board by the Contractor Licensing Supervisor, because he had a question on the application. MR. JERULLE: So my opportunity (sic) is he has an opportunity to act as Zap Marine tomorrow, does he not? August 19, 2009 MR. NEALE: Yes. MR. JERULLE: What obligation do we have to give him -- to transfer that license? We're not taking away anything from him. He already can go out and work and do seawalls under Zap Marine. Why do we want to give him an opportunity not to pay a debt? I just think we have a responsibility to Collier County to -- if there's something that we can do to help or prevent something in the future -- he has a license entity. Let him operate under that license entity and deal with the debt that way. Why are we letting him off the hook? MR. NEALE: The thing is just the transferring of the license doesn't change his ownership in Zap Marine. And that's the only way they get to him as far as that judgment. He still owns Zap Marine. He hasn't gotten rid of it, correct? So that judgment still -- however it may, which it probably doesn't, attach to the owners that Zap Marine still has. MR. JERULLE: I understand that. But we're still giving him the opportunity to operate under another entity. And even giving him a less chance of paying off the debt or dealing with the debt. And he has more of an incentive to deal with the debt if he keeps his license with Zap Marine. MR. WHITE: It seems to me that Zap Marine is dysfunctional in terms of the -- MR. NEALE: At best. MR. WHITE: -- business organization to make effective management decisions. MR. JERULLE: Then dissolve it. MR. WHITE: That would be, logically speaking, even worse scenario than the one you're suggesting is inappropriate now. Because then if they dissolve it, there'd be no way that you'd ever have any responsibility and opportunity to have APEI properly paid back. MR. JERULLE: Depends on how you dissolve it. Page 85 August 19, 2009 MR. WHITE: Which I believe they have -- that Zap Marine made every effort, he as a managing member, to rightfully work with him, if possible. But there's nothing that tells me that this is the kind of a debt that he has sought to avoid and use the shell of a new corporation or new entity to defraud someone. It seems to me that -- I accept the rationale that this is the only way he can protect his license in terms of qualifying a new entity. And one that's properly capitalized is one that seems to have -- MR. JERULLE: I know which way I'm going to vote. And I just hope that he doesn't come back in front of us again with something similar with the Precission Marine. MR. WHITE: Well, the rest of his credit for Zap Marine looks good. CHAIRMAN JOSLIN: He has outstanding credit for the rest of the items. I mean, there's nothing derogatory on there. Anyway, motion on the floor. We have a motion and a second. Any further discussion? (No response.) CHAIRMAN JOSLIN: All in favor, signify the motion by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: All opposed? MR. JERULLE: Nay. CHAIRMAN JOSLIN: Nay (sic). Motion carries six in favor, one opposed. MR. RYZNAR: Thank you very much. CHAIRMAN JOSLIN: Good luck to you. MEMO August 19, 2009 MR. RYZNAR: Thank you. MR. OSSORIO: Mr. Chairman, we have one second -- to qualify second entity. CHAIRMAN JOSLIN: One more. MR. OSSORIO: Bixby. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: I don't know how the court reporter feels. We can hurry up and finish this second entity, or take a few minute break and then we'll try to go ahead and do these cases within an hour or so, or -- CHAIRMAN JOSLIN: Are both cases going to be heard? MR. OSSORIO: Both cases are going to be heard. I anticipate hopefully these cases will go quickly. CHAIRMAN JOSLIN: Okay, so -- MR. NEALE: Take a break? CHAIRMAN JOSLIN: Well, let's get this second entity out of the way first and then we'll discuss how we're going to take a break and what we're going to hear then. MR. NEALE: Break's right after the second entity, though. CHAIRMAN JOSLIN: Right. I have a Brent Bixby. Would you please come up and be sworn in, please. (Speaker was duly sworn.) CHAIRMAN JOSLIN: Mr. Bixby, just for the record, I'd like you to -- the board and members of the board to recognize that I've known Mr. Bixby for many years and I know the quality -- or the type of work he does now. And if there's any question about me hearing this case, then they need to make that response now. You're okay with it? MR. BIXBY: Yeah, I'm okay. CHAIRMAN JOSLIN: Okay. Mr. Bixby, you are here to qualify a second entity called Grinders; is that correct? August 19, 2009 MR. BIXBY: Correct, yes. CHAIRMAN JOSLIN: And you currently now qualify a lawn service; is that correct? MR. BIXBY: Yes. Native Son. MR. OSSORIO: A landscaping company. CHAIRMAN JOSLIN: A landscape company, that's right. MR. OSSORIO: That can do stump grinding and tree service work. So he's licensed as a landscaping (sic). So if you qualify another company, he'd have two landscaping companies: One is Native Son and the other one is Grinder, doing business as Holiday Lights, Incorporated? MR. BIXBY: Correct. MR. WHITE: The other way around. CHAIRMAN JOSLIN: Yeah, it's the other way around. Will both -- I'm sorry, Holiday Lights, Inc. and d/b/a Grinders is the same company? MR. BIXBY: Yes. CHAIRMAN JOSLIN: Okay. And Native Sons Lawn Service -- Landscape Service is your other company? Or is it -- MR. BIXBY: I qualify them. CHAIRMAN JOSLIN: -- the primary company? MR. BIXBY: Yes. CHAIRMAN JOSLIN: Okay. I've looked at your credit report and it looks pretty impressive, considering. I've known you for a long time. I do have one major problem and that is that right now you own Native Son Landscape, Inc. And it says on the opening statement that this company I do not have stock or ownership in. MR. BIXBY: No, I do not own it. CHAIRMAN JOSLIN: Right. But you have a silent role in the landscaping? MR. BIXBY: Yes. August 19, 2009 CHAIRMAN JOSLIN: Now, can you kind of clarify that a little bit? I'm a little bit confused. As an owner or as a license holder for Native Son Landscape, Inc. MR. BIXBY: I went to work for Native Son and they had a maintenance in Hurricane Wilma. So when my company -- I dissolved that and I qualified Native Son. So that while I was there we were doing landscape. And I left my license with them just so I could keep it active so if I needed it in the future. CHAIRMAN JOSLIN: Okay. But that is your primary source of companies right now; Native Sons is the only company that you qualify, correct? MR. BIXBY: That's correct. CHAIRMAN JOSLIN: Mr. Ossorio, or maybe Mr. Neale, I'm not sure, but is there anything in the ordinance that says that a particular qualifier has to be a portion of an ownership in it? MR. OSSORIO: Has to have a letter of authorization. Which when we first came in for a certificate for Native Son, a letter of authorization from the managing member or the owner of Native Son authorized him to work on his behalf and he would be responsible for anything construction related or judgments, whatever you want to call it, he would be responsible for. MR. LYKOS: Is this Grinders company a company that was here in front us before? MR. OSSORIO: No. MR. LYKOS: That name sounded familiar. MR. NEALE: No. MR. LYKOS: Maybe it was just the term stump grinder. MR. NEALE: We did have a stump grinder -- MR. OSSORIO: We had a stump grinder. MR. NEALE: -- a couple months ago. CHAIRMAN JOSLIN: So we went through the grinding situation there for a little while. O!M August 19, 2009 MR. OSSORIO: We resolved that. MR. NEALE: We ground that into the ground. MR. LYKOS: Yes, we beat that one to death. CHAIRMAN JOSLIN: Okay, I just have one thing that I picked up in the second entity qualification guidelines page, as far as the application fees and all the fees and all the things that are listed as far as what's inside the packet now. But at the very end it kind of makes me wonder. I'm going to read it out just so we know. It should be noted that the qualifier must be responsible for and capable of supervising, directing, managing and controlling both the contracting activities of the entity he or she now qualifies, as well as the proposed entity. Managing and contracting activities include the proper collection and disbursement of funds and the proper payment of subcontractors and suppliers. In addition, he or she must be responsible for and capable of supervision, direction, management and control of all the entities for which he or she pulls permits. In a nutshell this tells me that he should be some kind of a something within Native Son, Inc. MR. OSSORIO: He is. By letter of authorization from the owner, it gives him authorization to be the qualifier. You just named what a qualifier does. When we talk to a qualified business, we always try to talk to the licensee of the qualifier, not necessarily the owner. So if there's ever a complaint or a question on payroll, question on any services, the qualifier's the first person we talk to, no matter if he's in Michigan, Alaska. The state really takes a role on what does a qualifier do and how he runs his company, and they think that supervision means a phone call. So if I call up Native Son and he's not working that day or he's not on the job site, he's a phone call away. Which I'm assuming they know who you are and you work. M August 19, 2009 MR. BIXBY: Yes. CHAIRMAN JOSLIN: Do you have the ability to sign checks? MR. BIXBY: No. CHAIRMAN JOSLIN: Okay. Well, the last entry on here says, at the sole discretion of the -- and option of the board, the board may deem it a requirement that the qualifier be able to sign on checks relating to construction payables. So with that said, I would be more inclined to say I would approve the second entity or the stump grinding, but I would like to see Native Son Landscape, I would like to see something to do with you being able to at least write checks on that company. Should it get in trouble or should there be situations where someone else doesn't pay the bill, you're able to go in there and sign checks to pay people or to take care of it, not just be something that sits on the outside that has no control at all, other than you are funding them their license. Which in some ways sounds to me like you're selling the license. MR. LYKOS: Michael, what's your recommendation on this? MR. OSSORIO: Well, I think we should approve it. I don't know what's in his mindset, but he's the qualifier of Native Son and he takes that responsibility, and I have no problem. MR. LYKOS: He already qualifies Native Son. MR. OSSORIO: Exactly right. MR. LYKOS: This is about their company. MR. OSSORIO: Well, I have no problem him qualifying -- MR. NEALE: This has nothing to do with Native Son at all. MR. LYKOS: So the fact that he may or may not sign checks for Native Son -- MR. NEALE: It's irrelevant. MR. OSSORIO: That's right. MR. LYKOS: -- he's already a qualifier. MR. NEALE: Right. You're not asking -- all you're asking is if Page 91 August 19, 2009 he can qualify a company now. THE COURT REPORTER: Excuse me, one at a time. MR. NEALE: I mean, this question is whether he can qualify a company as a second entity that he owns 100 percent of. That's all the question is. He already qualifies Native Son. Ignore the fact that he qualifies Native Son, unless Native Son has some major issues in front of this board. That's already -- he's qualifying them. The only issue is are you going to permit him to also qualify Grinders. MR. LYKOS: Which he is sole owner of. MR. NEALE: Which he is sole owner of, et cetera. CHAIRMAN JOSLIN: Totally. MR. LYKOS: Motion to approve, Lykos. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second to approve. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. MR. BIXBY: Thank you. CHAIRMAN JOSLIN: Good luck. MR. BIXBY: Appreciate it. MR. OSSORIO: Mr. Chairman, I recommend we take a 15-minute break. Terry Jerulle won't be here after noon; am I correct? MR. JERULLE: That's correct. Page 92 August 19, 2009 MR. OSSORIO: Unless you want to take a lunch. I prefer to take a 15-minute break, since all the respondents are here. CHAIRMAN JOSLIN: That's fine. MR. OSSORIO: If the court reporter doesn't mind. CHAIRMAN JOSLIN: Keep on going? All right, we'll take a 15-minute recess and we'll return at five minutes after 12:00. (Recess.) (At which time, Mr. Jerulle is absent.) CHAIRMAN JOSLIN: Okay, I'll call back to order the August 19th, 2009 Contractor -- Collier County Contractor Licensing Board meeting, and we'll continue where we left off. The next case before us is a public hearing -- I'm sorry, is there any old business before we go into that? (No response.) CHAIRMAN JOSLIN: No? We'll discuss it afterwards. Public hearings. Case No. 2009-07, a James G. Schuck and Donald P. Ricci, Sr., d/b/a Marco Marine Construction, Inc. Are you present? MR. SCHUCK: Yes. CHAIRMAN JOSLIN: Come to the podium and be sworn in, please. (Ms. Clements and Mr. Schuck were duly sworn.) THE COURT REPORTER: May I have your name, please. MR. SCHUCK: James G. Schuck. CHAIRMAN JOSLIN: And Karen, you'll be presenting the case? MS. CLEMENTS: Karen Clements, Contractor Licensing Officer. CHAIRMAN JOSLIN: Okay, just for the record, I'm going to read the hearings and procedures on how we're going to conduct this particular case. The hearings are conducted pursuant to the procedures set out in Page 93 August 19, 2009 Collier County Ordinance 90-105, as amended, and Florida Statutes, Chapter 489. These hearings are quasi judicial in nature. Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial and cumulative evidence shall be excluded, but all other evidence of the type commonly relied upon, reasonably prudent to the persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in the trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence, but shall not be sufficient by itself to support the finding, unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now and hereafter be recognized in civil actions. Any member of the Contractor Licensing Board may question any witnesses before the board. Each party to the proceeding's shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to rebuke any evidence presented against the party. The chairperson shall have all the powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner, and to preserve order and decorum. The general process of this hearing is for the county to present an opening statement where it sets out the charges in general terms and how it intends to prove them. The respondent then makes his or her opening statements, set out in general terms, the defenses to the charges. The county presents its case in chief, calling witnesses and presenting evidence. The respondent may cross-examine these witnesses. Once the county has closed its case in chief, then the respondent Page 94 August 19, 2009 puts his or her defense (sic). They may call witnesses and do all the things described earlier; that is, call and examine witnesses, introduce exhibits, cross-examine witnesses and impeach any witness, regardless of the party who called the witnesses to testify, and rebut any evidence presented against the party. After the respondent puts on his or her case, the county gets to present a rebuttal to the respondent's presentation. When the rebuttal is concluded, then each party gets to present closing statements, with the county getting a second chance to rebut after the respondent's closing arguments. The board will then close the public hearing and begin deliberations. Prior to beginning deliberations, the attorney for the board will give them charge, much like charges to a jury, setting out the parameters on which they based their decision. During deliberations the board can ask for additional information and clarifications from the parties. The board will then decide two different issues: First whether the respondent is guilty of the offense charged in the administrative complaint of what will be taken in this manner. If the respondent is found guilty then the board must decide the sanctions to be imposed. The board attorney at this point will advise board of the sanctions which may be imposed and the factors to consider. The board will discuss and take a vote on those sanctions. After the two matters are decided, the chair will read a summary of the order to be issued by the board. This summary will set out basic outline of the order, but will not exactly be the same language as the final order. The final order will conclude full details under the state law and procedure. Does everyone understand that? MR. LANTZ: Yes. MR. BOYD: Yes. MR. NEALE: It's my understanding that in this case the Page 95 August 19, 2009 respondents have agreed to stipulate to the charges. I believe that's correct. CHAIRMAN JOSLIN: Okay. MR. ZACHARY: Well, Mr. Chairman, that's correct. I had a conversation with the respondent, Mr. Schuck. He has agreed that he would accept the Count I and stipulate that Marco Marine is -- well, is guilty of Count I. What I think we should do is we should have Ms. Clements give a statement that sets out to the board what this case is about, and then at that point I can ask some questions of Mr. Schuck to clarify his position, his company's position, and we can conclude this at a shorter time than going through the entire thing. And Ms. Clements can enter the packet into evidence and we'll get on the record what the case is about. CHAIRMAN JOSLIN: All right, that will work fine. At this time I'd ask for a motion to accept Case No. 2009-07, Board of Commissioners versus James G. Schuck and Donald P. Ricci, Sr, d/b/a Marco Marine Construction, Inc., license No. 26439 and 13520 into evidence. MR. LANTZ: So moved, Lantz. CHAIRMAN JOSLIN: We have a motion. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Second, Mr. Lykos. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) Page 96 August 19, 2009 CHAIRMAN JOSLIN: Motion carries. Karen, would you like to begin the county's case? MS. CLEMENTS: On May 20th, 2009, the office of contractor licensing received a complaint from John M. Carr, who's the CAM property manager for Sunset Cay Villa Condominium Associations located at the Port of the Islands. And it was regarding Marco Marine Construction and the permitting of already existing docks for each unit and the certificate of completion. Several marine contractors proposed bids to complete permitting and COs of floating docks at the Sunset Cay Villa Condominium. Marco Marine Construction won the bid and started working to obtain the permitting and COs for the floating docks. It was for Sunset Cay Villas Buildings 2, 3, 4, 5, 6, 7, 8 and 9. And those are located at Port of the Islands off of U.S. 41 East. The docks were originally constructed by the developer of the communities at the time that the buildings were built, and included one dock space for each condo. The docks were never properly permitted, and the Sunset Cay master association and the individual Sunset Cay Villa Owners Association undertook this project to correct the oversight of the developer and have the boat docks properly permitted and approved by Collier County. Contract verbiage states that the condos were to pay permitting fees and an additional permit -- I'm sorry, they were to pay permitting fees and an additional fee per contract to the contractor, which were paid in full. The associations paid the proposal in full and assumed the contract was complete. A new invoice was submitted for 1,350 for additional permit fees, also paid in full by the associations. The official Collier County receipts appeared to be altered by Marco Marine Construction to show an inflated permitting fee. Mr. Carr was alerted to the situation by an officer of one of the Page 97 August 19, 2009 associations who had questioned Marco Marine about the total permit fee for his association for the dock project. Marco Marine Construction gave the association a document that appeared to be an official receipt from Collier County Permitting Office. The association then obtained a list of actual permit fees from the Collier County website and from official receipts provided to him directly by Collier County Permitting Office. The association discovered that the actual permitting fees were significantly less than charged by Marco Marine Construction. The association then contracted the Collier County Permitting Office. County personnel confirmed the receipt provided by Marco Marine Construction was not a county receipt at all, that there had in fact been an alteration to the original official receipt. Mr. Carr decided that these discrepancies might not be the only altered official receipts and looked into the other association receipts. Mr. Carr requested the other association receipts and consistently found the same pattern of overcharging for county permit fees by Marco Marine Construction. The evidence is provided in the document accompanying this complaint. All permit fees invoiced by Marco Marine Construction have been paid by the associations. On June 9th, 2009, Jim Schuck of Marco Marine came into our office. Mr. Schuck was informed that the complaint had been filed against Marco Marine Construction by Sunset Cay Villas. Sunset Cay Villas was given an additional billing above and beyond the original contract price. The additional billing was substantiated by the misrepresentation of a material fact being the official Collier County receipt. Mr. Schuck agreed that the receipts were altered by someone at his office. Mr. Schuck, whose company is already on probation, agreed to pay the money back in the amount of $14,300. And we arrived at that August 19, 2009 by taking the difference of the good receipt and the receipt that appears to have been altered. Mr. Schuck signed our letter to him stating he received notification of the hearing to be held on August 19th at 9:00 a.m. in the commissioners' boardroom. We also notified Donald Ricci, Sr., who also holds a county license. Mr. Schuck was given the letter regarding the complaint to have Mr. Donald Ricci sign and return to our office. The activity construes a violation of Collier County Ordinance 2006-46, Section 4.1.22, 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. CHAIRMAN JOSLIN: Okay, Mr. Schuck, would you like to -- MR. ZACHARY: Mr. Chairman, if I can ask Mr. Schuck a couple of questions. CHAIRMAN JOSLIN: Go ahead. MR. ZACHARY: Mr. Schuck, you've heard the presentation by the county. And as we talked before, do you agree at this time to stipulate or not to contest the charge of -- under Section 4.1.22 in the administrative complaint? Is that your intent here today? MR. SCHUCK: Yes, it is. MR. ZACHARY: Do you understand that you have a right to go to a hearing, you have a right to hire an attorney, but it's your own free will to decide that it would be best not to contest the complaint at this time? MR. SCHUCK: Yes, I understand. MR. ZACHARY: Do you also have the authority of Mr. Ricci to stipulate, and as Marco Marine as the owners of Marco Marine, do you have their authority also to stipulate to this complaint? August 19, 2009 MR. SCHUCK: Yes, I do. They have a letter stating that fact. MR. ZACHARY: All right, thank you. Do you understand that by stipulating to this, the board can find you guilty and there's not -- and would you tell the board there's not been any agreement as to the fine or penalty that might be levied against your company or yourself at this point? MR. SCHUCK: There hasn't been a fine or penalty as of yet. MR. ZACHARY: Okay. Would you agree that the charges set forth, that receipts were received by the condo associations that appeared to be altered or doctored that set forth dollar amounts that were higher than those that you had agreed to in your original contracts, and that those documents would constitute the material facts that were misrepresented in this case? MR. SCHUCK: Yes. MR. ZACHARY: Mr. Chairman, I don't have anything else. I think it's clear that Mr. Schuck has agreed that there were some documents that were presented, and at this point he has agreed to stipulate to the charge at this point. CHAIRMAN JOSLIN: All right. MR. ZACHARY: Do you have any statement or anything that you wish to make, Mr. Schuck? MR. SCHUCK: I regret the facts that happened with this. It wasn't our intention to dupe these people out of money. It's just a clerical error on our staff. And I have started restitution already. They have four checks for them in the amount of $6,255.56, with two other payments to come on September 30th and October 30th of this year. CHAIRMAN JOSLIN: Mr. Ricci (sic) -- MR. LYKOS: Mr. Schuck. CHAIRMAN JOSLIN: I'm sorry, Mr. Schuck. I'm sorry. I know you've been here not too long ago -- MR. SCHUCK: January. Page 100 August 19, 2009 CHAIRMAN JOSLIN: -- with some other issues. I know your license now is on probation. I don't have too much to say at the moment. Anybody else want to interject any comments? MR. NEALE: Well, at this point, you know, you can finish. Then the board will close the public hearing, and then you would vote on -- CHAIRMAN JOSLIN: The penalties. MR. NEALE: Well, no, first you have to vote on guilt and then on penalties. CHAIRMAN JOSLIN: Okay. Then I need a motion to close the public hearing. MR. WHITE: So moved, White. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second to close the public hearing. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Public hearing is closed. Now I have to read, right? MR. NEALE: No. MR. LYKOS: Determine guilt first, and then -- CHAIRMAN JOSLIN: Well, he's admitted to guilt. MR. NEALE: Well, the board still -- CHAIRMAN JOSLIN: Okay. MR. NEALE: Even though he's admitted to the charges in this Page 101 August 19, 2009 case, the board still has to evaluate the evidence as presented, even his stipulation. And at that point you vote upon whether he is in fact guilty of the charge made in this matter. To complicate it a little bit, is I would recommend that the board make two findings of fact as to guilt: One for Mr. Schuck and one for Mr. Ricci, because they are two separate parties in here. And I would suggest that you make two different motions, one for Mr. Schuck and one for Mr. Ricci. CHAIRMAN JOSLIN: Okay. Gentlemen? And just for the record, Terry Jerulle has left the meeting for today. He had something he had to go and take care of, so he is going to be absent. MR. NEALE: Also, I think the board ought to note on the record that Mr. Ricci's not here, but the board is accepting Mr. Shuck's testimony; that Mr. Ricci has authorized him to speak on his behalf, to stipulate on his behalf and to represent him for this matter. CHAIRMAN JOSLIN: Okay. Do I have to repeat that again, or does that go on the record now? MR. NEALE: I think the board needs to make that finding. CHAIRMAN JOSLIN: I will make a finding that James Schuck and Donald Ricci are both the respondents in the case of -- I'm sorry? MR. BOYD: I've got a question. Did they pull these permits under both licenses, or is it one licensee? MR. SCHUCK: Just my license. MR. BOYD: Okay. So you pulled all these permits under your license. MR. SCHUCK: That's correct. MR. BOYD: Then I'd have a question of why is Mr. Ricci being charged. MR. NEALE: Yeah, I have the same question. MR. LANTZ: Multiple licenses on the same company. MR. OSSORIO: The question is not the building permit, the question is the letter that was sent to them from Marco Marine, a Page102 August 19, 2009 qualified business, wanted more money. So the question is -- it's not a building permit question. We take many qualifiers to the licensing board where no building permits are required. But he's still a qualifier of the company and he's still responsible. The both parties are both responsible for that activity that transpired. The building permit -- the actual building permit is not the question. We didn't cite him for no building permit or working out of the scope of his permit. The qualified business under Donald Ricci, Sr. sent letters out demanding more money and misrepresented that fact. MR. BOYD: Okay. MR. OSSORIO: Okay? MR. LYKOS: Looks like Mr. Ricci and Mr. Schuck are qualifiers for Marco Marine. So -- CHAIRMAN JOSLIN: Okay, let it be known that James G. Schuck is present here to respond to the Count I of Section NO. 4.1.22, and also that he is in response to be able to speak for a Donald P. Ricci, License No. 13520 and License No. 26439 on his behalf. MR. WHITE: Mr. Chairman, wasn't there a document that Mr. Schuck said he had that authorized him to speak on Mr. Ricci's behalf? CHAIRMAN JOSLIN: I haven't found it in the packet. MR. WHITE: No, I understand that, but I thought he mentioned it as part of his testimony. MR. SCHUCK: May I approach? CHAIRMAN JOSLIN: Yes. MR. WHITE: And if so, we're going to look at that, Mr. Schuck, and I'm going to move that we bring it into evidence. CHAIRMAN JOSLIN: Yes. MR. NEALE: Right. MR. ZACHARY: It will need to be marked at some point after you look at it. CHAIRMAN JOSLIN: Right. Page 103 August 19, 2009 MR. NEALE: What I would do, being that this is being offered in support of the public hearing, that the board reopen the public hearing for the purposes of accepting this into evidence for review, and then you can reclose the public hearing. MR. WHITE: So moved, Mr. Chairman. CHAIRMAN JOSLIN: To open the public hearing? Second? MR. WHITE: Accept it into evidence. MR. HORN: Second, Horn. MR. LYKOS: Second. CHAIRMAN JOSLIN: Motion and a second to reopen the public hearing. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKO S : Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Public hearing is open. Okay, I have one piece of evidence that has been entered, as far as evidence in the packet regarding Case No. 2009-07. I'll read it to you aloud: Marco Marine Construction, Inc., of 1757 San Marco Road, Post Office Box 1247, Marco Island, Florida. Collier County Contractor Licensing Board, attention Karen Clements. Dear Mrs. Clements: I was unable to attend the hearing on 19th of August, 2009. I authorize authorization for James Schuck to speak on my behalf. Thank you for your cooperation in this matter. Sincerely, Donald P. Ricci, Sr. Signed as of this date, August 14th, 2009. MR. WHITE: Move it be marked as Respondent's Exhibit 1 and admitted into evidence. Page 104 August 19, 2009 MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and a second to accept this into evidence as Motion (sic) Exhibit 1. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) MR. OSSORIO: Mr. Chairman, while we're on the getting things on the record, could we go ahead and get the stipulation agreement 2009-07 into evidence as Petitioner 01 ? MR. WHITE: I'd pre -- the public hearing is still open. CHAIRMAN JOSLIN: Right. MR. WHITE: But we have yet to close it and make the finding of guilt or not. So I don't know if we're not putting the cart before the horse. But I'd defer to Mr. Neale. MR. ZACHARY: Mr. Ossorio, is that a stipulation for the restitution -- MR. OSSORIO: Yes. MR. ZACHARY: -- is that what you have? It's not a stipulation that was entered into as a result of this hearing. So I believe Mr. Ossorio has a stipulation that was entered into by either Mr. Schuck or Mr. Ricci. And Mr. Schuck, you could clarify that, that there would be restitution paid; is that correct? MR. SCHUCK: That is correct. MR. ZACHARY: And Mr. Ossorio, I don't think you've been sworn, but would you show Mr. Schuck that stipulation and to verify that that is the stipulation that you signed just for restitution? Page 105 August 19, 2009 Is that the stipulation you agreed to? MR. SCHUCK: Yes, I have a copy of it. MR. ZACHARY: Well, then I'd move that into evidence as Petitioners Exhibit 2. MR. LYKOS: So moved, Lykos. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Motion and a second to enter resolution 2. MR. NEALE: Stipulation agreement. CHAIRMAN JOSLIN: -- stipulation agreement as Exhibit No. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 6-0. MR. LYKOS: Any other exhibits? MR. NEALE: Any other exhibits? CHAIRMAN JOSLIN: Anything else we need to enter? No. MR. LYKOS: I make a motion that we close the public hearing. CHAIRMAN JOSLIN: Motion to close. MR. WHITE: Second. CHAIRMAN JOSLIN: Motion and a second. In favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. Page 106 August 19, 2009 MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Public hearing is closed. Now we can talk. MR. LYKOS: Well, I'll make a motion that we find James G. Schuck, License No. 26439 in Case 2009-07, guilty of Count I. CHAIRMAN JOSLIN: I have a motion. MR. WHITE: Second. CHAIRMAN JOSLIN: I have a second, to find Mr. Schuck guilty, and Mr. Donald P. Ricci also, Sr. MR. NEALE: No, no, two separate motions. CHAIRMAN JOSLIN: I'm sorry, Donald -- James G. Schuck only under Count I. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. I'll make the motion that we find Donald P. Ricci also of Marco Marine Construction guilty of Count I, Section 4.1.22. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and a second. Any discussion? (No response.) Page107 August 19, 2009 CHAIRMAN JOSLIN: All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: That motion carries. MR. NEALE: Since the board's found him in violation, it's now time for the board to review what penalties are available and what penalties are to be imposed on the respondents. There are several different penalties that the board may impose. They include revocation of the certificate of competency, suspension of that certificate, a denial of issuance or renewal of the certificate, probation not to exceed two years, restitution, a fine not to exceed $10,000, a public reprimand, a reexamination requirement or denial of the issuance of permits or requiring issuance of permits with conditions, and reasonable investigative costs. The board shall consider five different elements in imposing these sanctions: Number one, the gravity of the violation; second, the impact of the violation; third, any actions taken by the violator to correct the violations; fourth, any previous violations committed; and fifth, any other evidence presented at the hearing by the parties relevant to the sanction that's appropriate for the case, given its nature. The board also has to issue a recommended penalty to the State Construction Industry Licensing Board. I believe that the county and the respondents have evidence to present on the sanctions that they recommend. CHAIRMAN JOSLIN: Okay, and those sanctions? What is the recommendation? August 19, 2009 MR. OSSORIO: For the record, Mike Ossorio, Collier County Contactor License, pertaining to this case about my recommendations. Marco Marine Construction's on probation. Mr. Schuck is here on his own free will. Mr. Donald Ricci understands the issues at hand. They attempted to repay the money to the association of $14,300, without any stipulation from our office pertaining to revocation of somebody's license. I recommend that we find him in violation, of course. $7,000 penalty for each finding of fact; one for Mr. Ricci and one for Mr. Schuck. $1,500 for licensing investigation fees by Mr. Schuck and to Mr. Ricci. CHAIRMAN JOSLIN: Each? MR. OSSORIO: Each. Since there are two findings. And to be continued to be put on probation due to the fact that he's trying to make restitution. If we suspend or pull his building permit pulling privileges and we revoke his license, I believe these homeowners at these associations would be adversely affected by it. Since Mr. Ricci's (sic) here in his free will, he understands the clarity and the issues at hand. And we continue to put him on probation, but he needs to go ahead and take the trades test again for marine contracting, both Mr. Ricci and Mr. Schuck, within six months. And to continue his probation for one more year for both parties. MR. HORN: What about business law testing? MR. OSSORIO: Mr. Schuck needs to take the business procedure test. He has so many more months. I think he has till -- MR. SCHUCK: January 21 st. MR. OSSORIO: January 21st. The board has already ordered Mr. Schuck to go ahead and take a business procedure test. So not only that he has to take the business and procedure test, Mr. Ricci and Mr. Schuck needs to take the trades test. If neither of them take the trades test within one-year period of today, they should automatically Page 109 August 19, 2009 have their license revoked. In other words, if Mr. Ricci took -- if Mr. Schuck took the trades test within six months, he would be okay. If Mr. Ricci elected not to take it within 12 months, his license would be automatically revoked. That's my recommendation. CHAIRMAN JOSLIN: Okay, on the penalty phases of the $7,000 penalty for each party at $7,000 per offense or per -- MR. NEALE: Well, there's only one count. CHAIRMAN JOSLIN: Are we talking about -- MR. OSSORIO: There's only one. MR. LYKOS: One count. CHAIRMAN JOSLIN: Each count -- each person, though. MR. NEALE: Right. CHAIRMAN JOSLIN: Okay. MR. LYKOS: In the stipulation agreement, item number four says the respondent realizes that there are other complainants that require restitution. What are those other complainants and what are the dollar amounts; do you know? MR. OSSORIO: There are some -- we do have some preliminary investigation on hand. And I believe Mr. Schuck is in communication with those individuals. I'm not at liberty to go ahead and give you any more information on that, other than that we could be back in front of the board in October. I don't think we will be, hopefully, but we might. But there are some respondents out there that are coming forward with the same MO, or same issue. But -- MR. LYKOS: Different client? MR. OSSORIO: Same association. MR. LYKOS: Same MO but different client or same association? MR. OSSORIO: Same association. Mr. Carr is the association manager through two through nine. Page 110 August 19, 2009 He doesn't really manage the other association in that condominium association, but there are some filtering in. And we're taking those complaints. But we're not at that stage yet, so -- MR. LYKOS: I -- it seems like you've given this a lot of thought in terms of what the disciplinary action should be. It's pretty comprehensive. And your first statement was that we need to keep him in business so that he can afford to pay restitution. I have a serious concern that we're setting up more people to be taken advantage of. And I don't like to put the people at risk of not getting their restitution, but is our responsibility to Marco Marine's previous clients that are seeking restitution or is our responsibility to any future clients that may be taken advantage of and the situation could be worse? So I have that concern and I want to put that on the table. MR. OSSORIO: Well, that is a good point, Mr. Lykos. And you might want to hear from the respondents, or Mr. Carr, the association manager, and how he feels about Marco Marine about revocating his license or putting him on probation. So he is -- because they are the affected party. CHAIRMAN JOSLIN: Is he present today? MR. OSSORIO: He is present. CHAIRMAN JOSLIN: Does the county want to call him as a witness? We'd have to reopen the public hearing. MR. OSSORIO: No. MR. NEALE: You don't have to reopen the public hearing. This is evidence as to sanctions, not as to guilt or -- MR. OSSORIO: That is up to the board if they want to hear him or not. I know what he wants. He wants his money. And he doesn't -- I don't think he wants to take Marco Marine's license away but, you know, that's not really up to him, but that's how he feels. He can elaborate more on that, I'm not sure. MR. LYKOS: I understand that that -- those intentions are Page 111 August 19, 2009 self-serving, or at least on the surface would appear to be. That's one comment. Just because we don't take their license away doesn't mean that they can afford to pay the restitution. There's -- they're more likely to pay it if they have their license or are able to continue to work, but it doesn't mean it necessarily will happen. MR. OSSORIO: That's correct. CHAIRMAN JOSLIN: I think permit privileges should be pulled at this time also. MR. NEALE: Well, one -- MR. LYKOS: Well, I haven't gotten that far yet. I'm just putting out on the table what my issues are or what my concerns are so that we can address them all independently. MR. NEALE: One point to note for the board. Just that both of these gentlemen are operating on probation at this point. And that the board has, for at least the period until January of next year the ability to pull them back in at any time, should they commit any other violations. CHAIRMAN JOSLIN: It seems like a pattern. I mean, they were here what, five, six months ago? MR. NEALE: January. CHAIRMAN JOSLIN: And now we're back on the same boat again. And we gave him the probation the first time with the stipulation. Like Mr. Lykos said, now where's our responsibility lie? Mr. White? MR. WHITE: Although I wasn't present in January, I certainly can recognize that perhaps it's because of the fact that they're on probation that folks in Sunset Cay looked into this. Especially when additional compensation was requested. But that aside, the staff has made a recommendation as to what they feel appropriate penalties and cost of prosecution are. Page112 August 19, 2009 And I would just like to know from both the respondent and from Mr. Carr if they would be in agreement with those penalties and cost of prosecution as something sufficient. So I -- CHAIRMAN JOSLIN: Karen? MS. CLEMENTS: Mr. Joslin, I just want to put in, these permits were pulled last December. So it's not like something that was just recently done. MR. SCHUCK: May I interject something? MR. WHITE: Yeah, just wondering if what your -- are you agreeable if that were to be the penalties that would be imposed? MR. SCHUCK: Yeah, I'd like to keep our license. And this is not -- this situation wasn't work oriented. It was trying to get their permits for their floating docks. And what happened, we permitted one dock and the permit price was around 400 bucks. So the next dock we went to do, they came back and said it's going to be like $1,250. The original contract was for 950. So we thought it was $1,250 plus the 500. And that's when we went back and asked for the extra money, in which it didn't turn out to be. So we didn't try to dupe these people. And usually -- and when you're doing work for a permit, this doesn't come up like that. Well, when I first started this, I went and asked Collier County what they would charge for permitting and that's how -- MR. WHITE: I understand. But you heard what the staff has recommended. MR. SCHUCK: Yes. I agree to that, yes. CHAIRMAN JOSLIN: And you're speaking on Mr. -- MR. SCHUCK: Ricci's behalf, that's correct. MR. WHITE: -- as well? And I guess we'll get to Mr. Carr perhaps at some point as to whether he thinks that that's a penalty that is sufficient or not. CHAIRMAN JOSLIN: Mr. Carr, be sworn in, please. (Mr. Carr was duly sworn.) Page 113 August 19, 2009 CHAIRMAN JOSLIN: Mr. Carr, you've heard this stipulation, and I assume you've been involved in it. Do you agree to the stipulation and realize what penalties staff has asked for? MR. CARR: Yes. I would like to add that the villas really have no opinion on taking Marco Marine's license. You know, our goal was to recuperate what we felt was an unfair charge. And that's being done with the agreement that Mr. Schuck and the other gentleman agreed to. CHAIRMAN JOSLIN: So in no way there was any kind of a work ethic problem or anything that was done improperly, it was just simply a matter -- MR. CARR: I didn't say that. But the general consensus of the presidents of these associations was try to recuperate the money, and was not specifically to try to take their license, no. CHAIRMAN JOSLIN: Mr. Lykos? MR. LYKOS: Two comments. This is all nice that we got a recommendation and the respondent agrees to it and everybody feels good. There's a letter written by the respondent's company that says the reason the costs are higher is because the permits are after the fact and it's four times the cost, okay? So that was one deception on the respondent's part. These permit receipts have been altered. I mean, there's two different situations when the respondent and Marco Marine was being deceptive and dishonest in invoicing the client. If there's some misunderstanding about how much permit fees were, that's not the same thing as altering permit documents and then sending a letter to try to justify how much the fees were after the fact. That's completely different than a misunderstanding about how the fees were calculated. So a company that was on probation sent a letter that was dishonest about why the fees were raised from what was originally anticipated, and then altered the receipts to support that invoice. Page 114 August 19, 2009 If you're happy with $7,000, then we should quadruple it or make it 10 times that amount. This should be painful for you, not agreeable for you. This is egregious, sir. This is egregious. MR. SCHUCK: Me standing here is enough. MR. LYKOS: Well, I don't think it is. MR. SCHUCK: Yeah, I do. MR. LYKOS: I don't -- MR. SCHUCK: I feel ashamed of what we did, Mr. Lykos. MR. LYKOS: The fact that you -- CHAIRMAN JOSLIN: Okay, okay, whoa, whoa. MR. LYKOS: -- can keep your license and continue to operate and perhaps put more homeowners or more businesses at risk. MR. SCHUCK: We're not going to take anybody's money. MR. LYKOS: Yeah, I bet you said that in January. MR. SCHUCK: It wasn't our intention, sir. It was not our intention. You don't know me from Adam. MR. LYKOS: I don't like the fact that everybody's comfortable with the fact that you sent out a letter that lied about why the costs were higher, and then you falsified public records to justify the increases. MR. SCHUCK: I agreed to that. You don't think me standing here is enough punishment of what's going on? MR. LYKOS: No, I don't think it's enough. MR. SCHUCK: Well, you don't know me very well, Mr. Lykos. MR. LYKOS: Well, I know about how you conduct your business. MR. SCHUCK: We've been in business for 30 years. I don't think -- MR. LYKOS: But I do know how -- MR. SCHUCK: -- there was a person complained against us. MR. LYKOS: -- you conduct your business. MR. SCHUCK: No, that isn't. You don't know us. Page 115 August 19, 2009 CHAIRMAN JOSLIN: All right, that's enough. Okay. MR. WHITE: I'd just point out, Mr. Chairman that -- CHAIRMAN JOSLIN: Mr. White. MR. WHITE: -- Count I starts out with the word falsifying, okay? So in my reading through the materials and recognizing that there were misrepresentations and falsification of documents, whether it was the letter that was sent to the condo association and whether it was based upon misrepresented facts as to the idea that they were somehow four times the fees, I don't know the degree of complicity that Mr. Schuck or Mr. Ricci have, but I know they're standing here today and taking responsibility for it. I'm also looking at what the staff is telling me they think are their costs of prosecution and what they think a penalty that's appropriate to get the message across is. Now, is some comment from the board so that the respondents understand the sentiments of the board members appropriate? Absolutely. But I do not believe that simply because we had an agreement from Mr. Carr and Mr. Schuck and from the staff as to what the recommendation of staff as being appropriate is somehow itself inappropriate. I think that it makes sense. And the whole point of it here to me is to come to a fair and reasonable conclusion. I think the fact that they admitted to the guilt probably to me goes a long way in this case to somebody recognizing that they have a problem. The things I'm concerned about and would want to know that this business is doing is to make sure that internally it is operating in a manner so that these things cannot happen again. They were either done with this gentleman's knowledge or at his direction, or he was responsible for them. I don't know. But what I do know is that he has stood up here and said he's taking responsibility for it. So we will leave it to him as to whether there will be any further complaints, whether there are (sic) in fact restitution made over the Page 116 August 19, 2009 next coming months, and whether the other undesignated respondents are themselves going to be treated fairly. If any one of those things don't go the way they're projected to go, I'm pretty sure that I'm going to be prepared to vote to take away all of their privileges as far as permit pulling go. But that isn't today's case. So I'm comfortable with where we are today, even though I don't like to see this kind of a business entity operating in this county. It's scary. There's something internally in the operation of this business that is not tight enough. And so I'm hoping that between the trade school -- or between the trade exam and the business and law, the things that are necessary as internal controls are going to be put in place. I don't know what employees may have been responsible and whether they were disciplined or not, but those are things that have to do with how you operate your business, not with whether we give you a license or not. We've already put your license on probation, we've extended it an additional year. So whether we're going to in fact be doing our jobs and making sure that others can't be harmed, I feel comfortable with. I'm not going to put Mr. Carr and the association people in a position where by pulling permit pulling privileges today we assure that the restitution more likely than not will not be paid. So far, so good. CHAIRMAN JOSLIN: Yes, go ahead. MR. HORN: Mr. Chair, I've got to ask, in the case in January where the company was found guilty where we had the penalty phase, do we have a copy of that? Because on certain occasions we have had terms of probation where if another violation occurs it's automatically revoked, all their rights. CHAIRMAN JOSLIN: Mr. Neale? See if it's not in there. MR. NEALE: The terms in the order were that -- and this is Mr. Schuck's order specifically, that the first term, number one, probation Page 117 August 19, 2009 for a period of 12 months whereby the respondent will perform his contracting activities under the supervision of the board. During which time, should the respondent violate the ordinance in any respect, his license will be immediately suspended and a hearing on the suspension and violation shall be held at the next regularly scheduled board hearing. Two different fines, administrative costs and then the requirement to take and pass with a minimum grade of 75 percent the business and law examination within the probationary period. CHAIRMAN JOSLIN: Yes. MR. LANTZ: I don't know if it's within the power of the board, but I would like to see both of them have to take classes on business ethics at their expense. I would like to see 20 hours per person. I know that seems excessive, but I think it's well. fit for this. I don't know if we have the power to stipulate that. CHAIRMAN JOSLIN: Well, we can add that in. But right now the order that Mr. Neale just read is I think an eye opener. Because this was another case that was here in January, and the board made it clear cut then, if there were any other violations that came before the board, that the license would be suspended. Is that the way I'm reading it or you're explaining it? MR. NEALE: That's what it says. CHAIRMAN JOSLIN: Okay. Now, we do have the jurisdiction to be able to change that, or not? MR. WHITE: Well, I'd just ask, Mr. Chairman, if Mr. Neale could tell us whether we were supposed to take some additional action relative to that as suspension for the January order, or is it something that was in a sense, quote, automatic, self -executed. And whether in fact the same is also the case on the order for Mr. Ricci. MR. NEALE: The way I would interpret the order as having been is that should they violate it, the license is immediately suspended. Self -actuated. Page 118 August 19, 2009 MR. WHITE: So as of our finding today of the violation of Count I to each of these gentlemen, their licenses are presently suspended. MR. NEALE: Right. And then a hearing on the suspension violation shall be held at the next regularly scheduled board meeting. Now, I think the board could take that to mean that this would be that scheduled board hearing. MR. WHITE: I agree. MR. NEALE: But as of the finding that they were in violation, his license is suspended. MR. WHITE: And is the same true for Mr. Ricci? MR. NEALE: Same is true for Mr. Ricci. Exact same language in both orders. CHAIRMAN JOSLIN: Now, do we have any power to accept the county's stipulation agreement? MR. NEALE: Well, what you've got is then -- what this is, is the hearing on that suspension and that violation are being held. So you are now essentially -- this part of your sanction deliberation is whether that suspension is to stand or whether you are to waive that suspension, create a new probationary period for them, or however you're going to decide. But part of the hearing on sanctions right now is whether that suspension is going to stand. MR. WHITE: Mr. Chairman, I don't know if the staff were aware of the prior order from January or not. And I'd like to have their input, if it's okay to request that. On the suspension in particular. MR. OSSORIO: I did not know that if he violated -- my assumption was is that only the board can decide if he's guilty or not. If we charged him with a charge and we brought him and we found him in violation, he would be suspended automatically. Not automatically just because a consumer made a complaint against him. I would personally suspend him. Page119 August 19, 2009 MR. NEALE: What it says specifically, and that's -- as I said, when the board found him in violation, he's suspended. MR. OSSORIO: Yes. MR. WHITE: And what is your recommendation, if any, with respect to length of the suspension and if in fact you feel it ought to be waived? MR. OSSORIO: I have no comment on him being suspended. That's really up to the licensing board. I think that we can suspend him from maybe just working in Marco Island only, not working in the City of Naples. There's a variety of different suspensions you can do. MR. WHITE: I understand. MR. OSSORIO: And so that's really up to the board. I know that he's suspended as we speak now. My recommendation stands what I just said to you before. CHAIRMAN JOSLIN: And the stipulation that we put in the last order stipulates that he is right now suspended -- MR. OSSORIO: He is suspended. CHAIRMAN JOSLIN: -- because he's been found guilty. MR. OSSORIO: He is suspended. CHAIRMAN JOSLIN: Now we can make a ruling on what the suspension -- or how long or how we're -- MR. NEALE: You can have the suspension -- CHAIRMAN JOSLIN: -- going to dictate that suspension. MR. NEALE: You can have the suspension be valid until -- MR. WHITE: Fines are paid. MR. NEALE: -- fines are paid. You can have it be valid until, you know, two minutes from now or until you finalize the sanctions. The length of suspension is up to the board's decision. CHAIRMAN JOSLIN: Go ahead, Mr. Lykos. MR. LYKOS: Were there any fines invoked at the last -- the hearing in January? MR. NEALE: Yes, there were. Page 120 August 19, 2009 MR. LYKOS: What were those fines? MR. NEALE: As to Mr. Schuck, a fine of $1,500 to be paid within 60 days, another fine of $5,000 for the fine, total of $6,500 in administrative costs, and investigative cost of $500. So a total of $7,000 to be paid. And those were to have been paid by March 21 st. CHAIRMAN JOSLIN: Have they been paid? MR. OSSORIO: Yes. CHAIRMAN JOSLIN: They have been paid. MR. LYKOS: Michael, if I wrote this down right, your recommendation was for $7,000 each in terms of a fine. Did you come up with that number because the amount in question was 14,000? MR. OSSORIO: Yes. MR. LYKOS: Maybe it ought to be 14,000 each. MR. OSSORIO: I believe that the penalty can only be 10,000. CHAIRMAN JOSLIN: Right, maximum 10. MR. NEALE: 10,000 fine is max per violation. MR. LANTZ: Does that include administrative costs? MR. NEALE: No, that's just the fine. Fine is 10,000, max restitution is whatever's proven, legal and administrative costs or whatever the staff states that they are. CHAIRMAN JOSLIN: Now, all the problems that are in question that are going to be possibly coming before us, going by what you're talking about, the other rest of the people that are in this particular development or the owner, there may be more cases that are going to be coming before us or possibly more people that are in the same situation? MR. OSSORIO: You have to ask Mr. Schuck that question. MR. SCHUCK: I've talked to both parties, and they'll be paid within two weeks. CHAIRMAN JOSLIN: These are the ones that are -- MR. SCHUCK: Are not on the -- CHAIRMAN JOSLIN: -- not on this -- Page121 August 19, 2009 MR. SCHUCK: Right. They weren't represented by Resort Management. One was represented by themselves. Another was Cardinal Management. CHAIRMAN JOSLIN: So what you're saying then is that after this is completed and whatever happens here now today, you should have no more issues that are going to come before us and the board for anything else that's gone on with Marco Marine Construction? MR. SCHUCK: No. I mean, this was just permitting. It had nothing to do with work or anything. I mean, this was -- CHAIRMAN JOSLIN: No, Mr. Schuck, you're missing the boat. MR. SCHUCK: No, I understand -- CHAIRMAN JOSLIN: This is how you run your business. MR. SCHUCK: Right, I understand. I won't be before you again. CHAIRMAN JOSLIN: Okay, I hope not. MR. SCHUCK: Neither do I. I don't like standing up here. CHAIRMAN JOSLIN: Okay, any other discussion, or do we need to make findings here? MR. WHITE: Mr. Chair, I'd like to proffer a motion. Notwithstanding the staff s recommendation and the acquiescence on the part of respondent and Mr. Carr, I'd like to move that as to each, Mr. Schuck and Mr. Ricci, that a fine of $10,000 be imposed, that costs of prosecution each in the amount of $1,500 be imposed, and that the additional tests be taken within six months as to trade for Mr. Schuck, as to 12 months for Mr. Ricci, and by -- we already have the business and law to January 21 st, 2010. Additionally, that one additional year be added to the length of probation for the licensees in this business, and that the permit pulling privileges remain suspended from today forward until such time as the fines and cost of prosecution are paid in full. And that in no case will it be more than 60 days that those dollar amounts be paid. CHAIRMAN JOSLIN: Paid within 60 days, the total amount? MR. WHITE: Yes. Page 122 August 19, 2009 And if they choose to pay them sooner, then the suspension is lifted. If they don't, then they're suspended for at least 60 days. CHAIRMAN JOSLIN: You want to restrict him to a suspension of only Marco Island and take him out of the City of Naples and Collier County areas? MR. WHITE: Where was the prior work done for the -- MR. SCHUCK: Sunset Cay, Port of the Islands. Collier County. MR. WHITE: So it's in unincorporated. This is unincorporated, the other was Marco. I'd be amenable to any second that would offer a geographic limitation of the suspension. CHAIRMAN JOSLIN: I'll second the motion. It is a motion? MR. WHITE: It is. MR. OSSORIO: Mr. White, you said 60 days from -- MR. WHITE: Today's date. MR. OSSORIO: If he doesn't pay within 60 days, we schedule a licensing board hearing again. We don't automatically take him off suspension if he doesn't pay. MR. WHITE: Correct. With that point, we would probably I would imagine revoke. MR. OSSORIO: All right. No, I got it. MR. WHITE: And does the second wish to make any limitation on the scope of this suspension to a particular area of the county? CHAIRMAN JOSLIN: I think I would like to see it happen and take out City of Naples and take out pretty much Collier County. But if that particular area is in part of Collier County, then that's not going to work. MR. WHITE: You've got, as far as I understand it, City of Everglades -- you've got Everglades City, excuse me, the City of Marco Island and City of Naples and everything else is the unincorporated county. MR. LYKOS: So you're trying to decide which homeowners and Page 123 August 19, 2009 which businesses he can take advantage of? CHAIRMAN JOSLIN: Well, we're trying to put him into a little bundle right there where we can keep him right in one location. I don't think it's going to help us to totally take him out of the picture; otherwise the people that may be coming before us here may not. He's got 60 days to prove it, in a sense, or his license I'm sure will be revoked. I don't think this board's going to question it. So I'm just trying to contain him a little bit so he doesn't go to the City of Naples and all over the place. MR. LANTZ: As the motion stands, he's suspended. He can't do work in either of them -- CHAIRMAN JOSLIN: Until he pays the fines. MR. LANTZ: -- until he pays the fine. CHAIRMAN JOSLIN: Until he pays the fines. MR. WHITE: Correct. CHAIRMAN JOSLIN: That could happen tomorrow. MR. WHITE: Correct. He's got the key to his own lock. CHAIRMAN JOSLIN: Go ahead. MR. BOYD: Well, I'd also add that he pays the restitution. Because even though we have this agreement, we have -- MR. WHITE: If I may comment on that, Mr. Chairman? My understanding from the stipulation is that there is a timeline specified already. And that if those milestones aren't met that we're going to have them back in front of us again. And I think that to me, similar to the other issue, would probably lead to revocation. MR. BOYD: The other thing I would like to question is Mr. Schuck is at least here, he's shown remorse, he seems to be the one driving this whole attempt to provide restitution and everything. I'd like to keep Mr. Ricci on suspension until he appears before us. Is he active in the business? MR. SCHUCK: He's retired. CHAIRMAN JOSLIN: Well, I'll remove City of Naples and City Page 124 August 19, 2009 of Everglades out of the motion, and the rest I'll leave in for the moment. MR. WHITE: So the effect would be that he would be suspended in -- CHAIRMAN JOSLIN: Suspended totally in the City of Marco -- I mean City of Naples and City of Everglades City. MR. WHITE: But elsewhere -- CHAIRMAN JOSLIN: Elsewhere operational. As long as his fine is paid within 60 days. After that, if it's not paid, then like you said -- MR. WHITE: We'll be back. CHAIRMAN JOSLIN: -- we'll be back. MR. WHITE: I accept that amendment to the motion. CHAIRMAN JOSLIN: Any discussion on the motion? (No response.) CHAIRMAN JOSLIN: We have motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LYKOS: Aye. CHAIRMAN JOSLIN: That's 6-1 `' MR. NEALE: 5 -1. CHAIRMAN JOSLIN: 5-1. Motion carries, 5-1. MR. NEALE: We do need one -- CHAIRMAN JOSLIN: Mr. Schuck, do you want to remain for the reading of this, just so you understand all the terminology within it? MR. NEALE: We do need one further thing, which is a motion Page 125 August 19, 2009 for any action by the state board. CHAIRMAN JOSLIN: Okay. MR. NEALE: You have the option of no further action. MR. LYKOS: I make a motion that we don't make any recommendations to the state. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Second. Motion and a second to keep the state out of the picture at the moment. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. All right. In the Case No. 2009-07, License No. 26439 and 13520, Board of County Commissioners versus James G. Schuck and Donald P. Ricci, Sr., d/b/a Marco Marine Construction, Inc. Administrative complaint and the order. This cause came on or before the Contractors Licensing Board on August 19th, 2009 for consideration of administrative complaint filed against James G. Schuck and Donald P. Ricci, Sr. Service of the complaint was made by certified mail, personal delivery or publication in accordance with Collier County ordinances 90-105, as amended. Board having heard testimony under oath received evidence and heard arguments respective to all appropriate matters thereupon issues its findings of fact, conclusions of law and order of the board as follows: That James G. Schuck and Donald P. Ricci, Sr. is the holder of record of Certificate of Competency number 26439 and 13520. Page 126 August 19, 2009 That the Board of County Commissioners of Collier County, Florida, is the complainant in this matter. That the board has jurisdiction of the person of the respondent, and that James G. Schuck only was represented at the public hearing and was not represented by counsel and was given authority by Donald P. Ricci, Sr. to speak on his behalf. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a manner that is in violation of Collier County ordinances and is one of who committed the act. The allegations of fact as set forth in the administrative complaint as to Count I, Section No. 4.1.221 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. They are to be found and supported by evidence presented at this hearing. Conclusions of law alleged and set forth in the administrative complaint as to Count I, Section 4.1.22 are approved, adopted and incorporated herein to wit: The respondent violated Section No. 4.1.22 of Collier County Ordinance 91-105, as amended, in the performance of his contracting business in Collier County by acting in violation of sections set out in the administrative complaint with particularity. Based upon the foregoing findings of fact and conclusion of law and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of five to one -- I'm sorry five in favor and one opposed as a majority vote of the board members present, respondent has been found in violation set above. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: I think the finding of violation was 6-0. Page 127 August 19, 2009 MR. NEALE: The violation was 6-0. CHAIRMAN JOSLIN: Six to zero. I'm sorry, I amend that to -- it was amended by a vote of six in favor and zero opposed, a majority vote of the board members present. Respondent has been found in violation and set out above. Further, it is ordered by a vote of five in favor and one opposed, a majority vote of the board members present at the following disciplinary sanction and related order are hereby imposed upon the holder of contractor Certificate License No. 26439 and 13520. That Marco Marine Construction, Inc. and James G. Schuck and Donald P. Ricci, Sr. will be penalized or to be paid civil penalties in the amount of $10,000 to each party, $1,500 investigative costs per person, Mr. Ricci and Mr. Schuck. Both are placed on probation for one year additional period from today's date. Let's see. Mr. Ricci has to take a trades test within 12 months, and Mr. Schuck has to take a trades test within a six-month period. And the license is now suspended and will be suspended until the restitution has been paid within 60 days. If not paid within 60 days, then it will become (sic) back before this board. MR. WHITE: I believe it was, Mr. Chairman, not the restitution but the fines and cost of prosecution. MR. NEALE: Correct. CHAIRMAN JOSLIN: I'm sorry, the fines and cost of prosecution will be paid within 60 days. And also, the suspension will remove Naples -- City of Naples and the City of Everglades City from permit pulling privileges until the suspension has been paid. Anything further I missed? MR. WHITE: I just had a question as to the length of time that the suspension of one year operates from. I believe it's from the end of the prior -- MR. NEALE: End of the prior suspension, right. Page 128 August 19, 2009 MR. WHITE: But not from today's date. CHAIRMAN JOSLIN: Not from today's date? From the prior suspension, which is when? When is that? MR. NEALE: Well, the prior suspension ends January 21 st, 2010. So this tacks another year onto that. CHAIRMAN JOSLIN: Okay. So it will go till January 1 st of 2011. MR. NEALE: Right. MR. ZACHARY: Mr. Joslin, I think you said suspension. I mean till the time that the fines and the costs are paid. CHAIRMAN JOSLIN: Right. Suspended until the fines and the costs are paid, within 60 days. That's the order of the board. All right, the last case before us, Case No. 2009-09, Robert Gonzalez-Fortan. Are you present? MR. GONZALEZ-FORTAN: Yes. CHAIRMAN JOSLIN: Please be sworn in, please. (Mr. Gonzalez-Fortan and Mr. Ganguli were duly sworn.) CHAIRMAN JOSLIN: Okay, you've heard the method of how we're going to proceed with this, right, earlier? MR. GONZALEZ: I need to interpret. I speak English, but not 100 percent. Is it possible? CHAIRMAN JOSLIN: Sure. State your name and be sworn in, please. MR. BUSTO: Rafael Busto. THE COURT REPORTER: Spell your last name, please. MR. BUSTO: B-U-S-T-O. (Mr. Busto was duly sworn to interpret the following testimony.) CHAIRMAN JOSLIN: Okay, I'm going to open the Case No. 2009-09, and License No. 27736, Board of County Commissioners versus Robert Gonzalez, d/b/a Master Gutters, Inc. You've been charged with Count 1, 4.1.6, disregards or violates Page129 August 19, 2009 the performance of his contracting business in Collier County in any of the building, safety, health and insurance Workmen's Compensation laws of the State of Florida, ordinances of this county. Are you aware of this? MR. GONZALEZ-FORTAN: Yes. CHAIRMAN JOSLIN: I'll open it with county presenting the case, please, your opening statements. MR. GANGULI: Mr. Joslin, this is Supervisor Ossorio's case. He knows how nauseating he can be when he stands and speaks excessively, so he staffed it out to me to present to you. I'm going to read the summary into the record. And if you have any questions at that point I will call him as a witness and he can answer them. CHAIRMAN JOSLIN: Okay. MR. GANGULI: Case 2009-09, County Commissioners versus Roberto Gonzalez doing business as Master Gutters, Incorporated. On June 24th, 2009, Collier County Contractor Licensing Supervisor Michael Ossorio observed three employees of Master Gutter, Incorporated performing work on the exterior soffit of a building located at 1100 Swallow Avenue on Marco Island, Florida, 34145. Master Gutters, Inc., Certificate No. 27736 is an active aluminum contractor but has a workers' comp. exemption on file for only the qualifier of the company, Roberto Gonzalez. Mr. Ossorio met with the qualifier at the contractors licensing office where a sworn statement was obtained from Mr. Gonzalez where he acknowledged having failed to provide the necessary Workers' Compensation insurance coverage for his employees at this job site. This activity construes a violation of Florida State Statute 440.10, which outlines employer responsibilities for securing and maintaining compensation coverage for workers. And this Page 130 August 19, 2009 consequently is a violation of Collier County Ordinance 2006-46, Section 4.1.6, whereby the respondent 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. CHAIRMAN JOSLIN: All right, Mr. Gonzalez, would you like to present an opening statement regarding this charge? MR. ZACHARY: Mr. Chairman, could we move the evidence packet into -- move the packet into evidence? CHAIRMAN JOSLIN: Yes, we certainly can. I need a motion to put the Case No. 2009-09 into evidence. MR. BOYD: So moved, Boyd. MR. WHITE: Second. CHAIRMAN JOSLIN: We have a motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 6-0. Continue, please. MR. BUSTO: What he just stated was correct. Actually, he didn't know about the exempt. Now he did have the other employers except now. He didn't know that part, really. He only had himself. And actually was one of the jobs that he got that he couldn't do himself. That's honestly. CHAIRMAN JOSLIN: He didn't know about having an exemption form, is what you're asking -- saying? Page 131 August 19, 2009 MR. BUSTO: No, no, he had exempt himself, but didn't know he couldn't add others for the company, officers, which they are now. CHAIRMAN JOSLIN: They are now officers. MR. BUSTO: Yes. CHAIRMAN JOSLIN: Okay, that's the gist of it? MR. BUSTO: Yeah. CHAIRMAN JOSLIN: Were you actually on the job without Workmen's Comp. insurance, doing the job? MR. BUSTO: Yes, they were there. CHAIRMAN JOSLIN: So you're -- under your testimony now under oath you're admitting that as far as Count 4.1.6 goes you are guilty? MR. BUSTO: Yeah, he signed an affidavit. CHAIRMAN JOSLIN: Turn back to Mr. Ganguli or Mr. Ossorio. You want to present the rest of the case? There's a lot more to say, but -- (Mr. Ossorio was duly sworn.) CHAIRMAN JOSLIN: Continue. MR. OSSORIO: Mike Ossorio, Collier County Contractor Licensing Supervisor. On June 24th, I did witness Master Gutters. I saw their trucks and it basically said Master Gutters, Incorporated, Licensed and Insured. This was a commercial building. There were condominiums 50, 60 feet up in height, a huge ladder up there, three individuals working on the job site with no harnesses. Appeared to be a safety issue, so I did stop. I conducted an interview. I talked with three individuals. They said they worked for this gentleman, Mr. Gonzalez. I looked through our records and found out that Mr. Gonzalez has a workers' comp. exemption and there is no policy. At that time I called Mr. Gonzalez. He did meet me on the site. I Page 132 August 19, 2009 issued a stop work order and advised him to stop by the office that day to sign his notice for the hearing and also take a statement. And then I'll read the statement into record. Since it's my handwriting, you probably couldn't read it anyway. Roberto Gonzalez, regarding misconduct. I am a qualifier of Master Gutters, Incorporated. On June 24th, 2009, my company, noted above, was working on an exterior soffit throughout the building. Mike Ossorio from the contractor licensing office issued a stop work order for disregarding the workers' compensation laws. I realize that I had three employees without proper coverage pursuant to Statute 440. I also realize that I put this condo and my employees at risk. Signed the date, 24th of June, 2008 -- 2009. CHAIRMAN JOSLIN: Can you really read that? MR. OSSORIO: Yeah. Just like your handwriting, right? MR. LYKOS: Question, Mr. Ossorio. The three employees you saw working, Mr. Gonzalez was not one of the three -- MR. OSSORIO: That's correct. MR. LYKOS: -- working in the building? MR. OSSORIO: That was not one of the three. Mr. Gonzalez met me on the site after I issued the stop work order. The three employees, from my notes, were Sergio Gonzalez, Roberto Gonzalez and Lewis Gonzalez. They could be relatives, I'm not too sure. I think one of them might be. Subsequent to that, since then, the 24th I issued a signed statement. Mr. Gonzalez did come in and said he's going to put them on a leasing company payroll service. I did not get that information. I don't know if he actually finished the job, but there's a stop work order. I'm assuming that the contractor that hired him completed the job. But he did not complete the job. CHAIRMAN JOSLIN: So he was acting as a subcontractor? MR. OSSORIO: He was a sub on the job. CHAIRMAN JOSLIN: So just to finish Mr. Lykos's question, Page 133 August 19, 2009 I'm sure he's going to say the same thing, that Mr. Gonzalez was not on the job but there were three other people on the job? Which would be a total of four in the corporation, right? MR. OSSORIO: Yes, you can have up to three people of your corporation, as long as they have 10 percent of the ownership of the company. That wasn't the case here. These individuals had shirts that said Master Gutters on it, and they were clearly acting as an employee, not as a subcontractor. And then Mr. Gonzalez came into that office the same day, after I met him on the job site. He did acknowledge that those are my employees. It was very busy and basically that work has been slow. I had my exemption, I really only worked on -- myself but I got an opportunity to do this big job and so therefore I took that risk. And I had hired my brother, my cousin and other people to work on this 50-foot, you know, community and put them at risk with no coverage. So this is why we're here today. CHAIRMAN JOSLIN: Did you have a question, Mr. Lykos? MR. LYKOS: Mr. Gonzalez, there was a stop work order issued and your crew was removed from the job site in question; is that correct? MR. GONZALEZ: Yeah, that's correct. MR. LYKOS: And did your company go back and complete the project? MR. GONZALEZ-FORTAN: Yeah, the other day -- THE COURT REPORTER: Please speak one at a time and in the microphone. MR. GONZALEZ-FORTAN: On the other day I don't have information for the labor office. Michael talk to me, go for labor office and pay. The other day I don't have this information, no. And the other day go for labor office, four of the guys name and pay for labor office and finish the job. Page 134 August 19, 2009 MR. OSSORIO: I believe that's true. I'm not sure, but I know he did come back and we talked about the fact-finding labor people and he was going to put them on payroll. And I believe in fact that he did. So that wasn't the question. The question is that he had coverage -- he didn't have coverage on the three individuals, and it was clearly a life/safety issue out there. CHAIRMAN JOSLIN: Were they on ladders, by chance? MR. OSSORIO: Yeah, these ladders were 50 feet. MR. GONZALEZ-FORTAN: It's 30 feet, 38 feet. MR. OSSORIO: This is why I have these (indicating.) They're large ladders, 35, 40, 50 feet, whatever, they were pretty well up there. CHAIRMAN JOSLIN: Okay, doesn't leave us a whole lot here to question now that you've already pretty well admitted I guess that you are definitely guilty on the job. Any other questions from the board members? MR. LANTZ: I'm just curious, how are you paying the people? Did you pay payroll taxes or just pay them cash? MR. GONZALEZ-FORTAN: The people -- these people, one is my son and the other is my brother. I pay for check, never paid cash. Well, this job is for three, four days of bidding and the second day only working one day. And the other time I work only until gutters, cleaning. For one years and a half, no work. And this year maybe work 30 days for seven months. This is cusable (phonetic). You know, look at the opportunity and go for the license company, and I need the down payment, 2,000 bucks, I don't have it for two, three days. And the other information, the labor office, Michael talk to me. You know, I don't have it. Right now working -- the last month working one day and this month two days. It's just cusable (phonetic), you know. CHAIRMAN JOSLIN: All right. Michael, you have anything else to add in this in rebuttal or any more questions before I -- I don't think we need to hear too much more. We'll probably close the public Page 135 August 19, 2009 hearing, if not. MR. OSSORIO: No. MR. LYKOS: Move to close the public hearing, Lykos. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Motion to close the public hearing and a motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries 6-0. All right. Discussion here, gentlemen. MR. NEALE: This is another situation where the respondent stipulated to the charge. So in essence the board needs to just accept the stipulation, accept the affidavit as presented and find him in violation, and then find sanctions. CHAIRMAN JOSLIN: Okay. We need a motion. MR. WHITE: Motion to find violation in Case 2009-09 of Count I, Section 4.1.6, based upon the sworn statement as a stipulation by the respondent. CHAIRMAN JOSLIN: I have a motion, I need a second. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: I have a motion and a second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. Page 136 August 19, 2009 MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Okay. MR. NEALE: Maybe the board can recall from not that long ago what the sanctions are, what the tests are as to the sanctions and potentially go to the county staff to see what they recommend. CHAIRMAN JOSLIN: Does staff have a recommendation on penalty phase? MR. OSSORIO: I do. One-year probation. Mr. Gonzalez must take the business procedure test within 12 months in that probationary period. $1,000 fine to be paid within 60 days. And $258 in investigation costs. CHAIRMAN JOSLIN: 260. MR. OSSORIO: 258. CHAIRMAN JOSLIN: 258. MR. OSSORIO: Paid within 60 days. MR. LANTZ: I move we accept the staff s recommendation. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second to accept the county's recommendations for penalty. All signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Discussion? Sorry. Go ahead. MR. LYKOS: Mr. Neale, we've had some prior cases with Page 137 August 19, 2009 regard to workers' comp. My memory is not what it used to be. It seemed like there was an amount that we were working with. MR. NEALE: There was. And I believe that basically what that was is it was -- in those cases, if I remember correctly, it was trigged basically by an equivalent amount to what the state fine had been. So I think in those cases those have typically been cases where the state came in and caught them and then the county came after them subsequently. So it was whatever the state had imposed. And I think they were in the range of between 1,000 and $2,500, depending on the case. I think this would be -- certainly fall within reasonableness, particularly as to the -- as to the gravity of the violation. Because one, he was caught. He appears to have corrected it. MR. OSSORIO: We took in consideration there are three employees, one was his son, so we minused him out. And the other would be $500 per employee, so that made it to $1,000. So that's how I came to it. MR. LYKOS: I understand. You know, in reading Mr. Gonzalez's statement, it was explained to him that he put the association and the employees at risk. I want to make sure that when you leave here, you understand the gravity of that risk that you put people at. It isn't just the fact that somebody could have fallen off the ladder. Somebody could have fallen off the ladder and had no insurance company to pay for their medical expenses, and their only recourse may have been to file suit against the condominium association. So you put your employees' welfare at risk, you put the condominium association at risk. The other thing that really bothers me about these workers' comp. cases is that you were subcontracted. Somebody else who was paying workers' comp. and paying employee taxes could have submitted a bid for this project and didn't get it because you didn't Page 138 August 19, 2009 have those costs factored into your estimate. And we have legitimate companies out there operating and they're losing business because people like you that may not understand the laws are submitting bids. And if you wouldn't have got caught, you'd have kept on doing this in the future. MR. BUSTO: Sir, he understands now. I'm sure he does. MR. LYKOS: Okay. CHAIRMAN JOSLIN: So we have a motion and a second on the floor. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Okay, no other recommendations. This cause came on or before public hearing, Contractor Licensing Board on August 19th, 2009 for consideration of the administrative complaint filed against Robert Gonzalez, d/b/a Master Gutters, Inc. Service of the complaint was made in accordance with Collier County Ordinance 90-105, as amended. Board having at this hearing heard testimony under oath, received evidence and heard arguments respective to all appropriate matters thereupon issues its finding of fact, conclusions of law and order of the board as follows: That Roberto Gonzalez, d/b/a, Master Gutters, Inc., license number -- is the holder of record of License No. 27736. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. That the board has jurisdiction of the person of the respondent. And that Robert Gonzalez Page 139 August 19, 2009 was present at the public hearing and was not respected by counsel at the hearing on August 19th, 2009. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were personally delivered. Respondent acted in a manner that is in violation of Collier County ordinances and is the one who committed the act. That the allegations of fact as set forth in administrative complaint as Count I in Ordinance Section 4.1.6 are to be found supported by the evidence presented at the hearing. The conclusions of law alleged and set forth in administrative complaint as to the Count I of 4.1.6 are approved and adopted and incorporated herein to wit: The respondent violated Section 4.1.6, disregards or violates in the performance of his contracting business in Collier County any of the building/safety/health/insurance or workman's compensation laws of the State of Florida or ordinances of this county, as amended, 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. Based upon the foregoing findings of fact and conclusions of law, pursuant to the authority granted in Chapter 489, Florida Statutes, in the Collier County Ordinance No. 90-105, as amended, by a vote of six in favor and zero opposed, a majority vote of the board members present, respondent has been found in violation as set out above. Further, it is ordered by a vote of six in favor and zero opposed, a majority vote of the board members present, that the following disciplinary action and related order are hereby imposed upon the holder of Collier contractor's certificate No. 27736. That Robert Gonzalez, d/b/a Master Gutters, Inc., is going to be placed on a one-year probation. He's required to take a business test within one year. He's to be ordered to pay a restitution fine of $1,000 to be paid -- MR. NEALE: Not restitution, just a fine. Page 140 August 19, 2009 CHAIRMAN JOSLIN: I'm sorry, just pay a fine of $1,000 within 60 days. And ordered to pay $258 in investigative costs and not to be paid within 60 days. And you understand that? MR. GONZALEZ-FORTAN: Yeah. CHAIRMAN JOSLIN: And that's the order of the board. I wish you better luck. Don't take those minor little jobs unless you've got the insurance and stuff to go with it, because that's what's going to happen. Good luck to you. MR. NEALE: One more motion. CHAIRMAN JOSLIN: Almost. MR. OSSORIO: Mr. Chairman, we have one other business real quick. CHAIRMAN JOSLIN: When's the meeting for September? MR. OSSORIO: It says next meeting, it says October 21st, 2009. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: We have a new meeting scheduled for September 17th at 10:30 in the CDES building. That's going to be short, one agenda, for fees. September 17th at 10:30 at CDES in 609-610. CHAIRMAN JOSLIN: Okay. 10:00? MS. CLEMENTS: 9:00. CHAIRMAN JOSLIN: 9:00? Jennifer, which day is it? What time will it be? JENNIFER: It's on the 17th, 9:00 to 10:30. MR. OSSORIO: Sorry. It says 10:30. CHAIRMAN JOSLIN: I already (sic) go to the person that knows the answers. MR. LYKOS: Before we wrap up, I want to say, Karen, this report was unbelievable. This was a very complicated case and it was easy to kind of go through this and you did a great job preparing this. Thank you. Page 141 August 19, 2009 MS. CLEMENTS: Mr. Carr actually put that together and we put that together and did the receipts. MR. LYKOS: I'm sure this was very time-consuming. It was very helpful to understand this case and so it was very good. CHAIRMAN JOSLIN: It's one of the easiest ones we've had laid out in front of us, that's for sure, as difficult as it was to answer. All right, there's no other reports. Anything else? Nobody's got anything to say? (No response.) CHAIRMAN JOSLIN: No vacations coming up soon? We're going to try to have as much quorum as we can have for the September 15th -- 17th meeting for these fees. And also, one last thing, I guess Mr. Dunn's going to contact either myself or Mr. Lykos about this -- MR. LYKOS: Through e-mails. CHAIRMAN JOSLIN: Through e-mails on when we're going to go to this meeting? MR. OSSORIO: Yep. I believe he already told me that you'd be getting some invite today. CHAIRMAN JOSLIN: Invite, okay. MR. OSSORIO: So if you don't get it today, call me tomorrow, or I'll call you. CHAIRMAN JOSLIN: Okay, if nothing else I need a motion. MR. WHITE: Motion to adjourn. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. Page 142 August 19, 2009 CHAIRMAN JOSLIN: Any opposed? Aye. Later. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:39 p.m. COLLIER COUNTY LICENSING BOARD RICHARD JOSLIN, Chairman These minutes approved by the board on presented or as corrected RM Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 143 September 17, 2009 TRANSCRIPT OF THE MEETING OF THE CONTRACTOR LICENSING BOARD OF COLLIER COUNTY Naples, Florida September 17, 2009 LET IT BE REMEMBERED, that the Collier County Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at CDES on Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Richard Joslin Michael Boyd Kyle Lantz Tom Lykos Lee Horn Terry Jerulle Patrick White ALSO PRESENT: Michael Ossorio, Contractor Licensing Supervisor Garrett Mullee, Manager of Operations, CDES Patrick Neale, Attorney for the Board Page i September 17, 2009 MR. OSSORIO: Ready to go? CHAIRMAN JOSLIN: Good morning. I'd like to call to order the September 17, 2009, Collier County Contractor Licensing Board Meeting. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes that testimony and evidence upon which the appeal is to be based. I'd like to open the meeting starting with roll call, starting to my right. MR. BOYD: Oh, I'm sorry. Michael Boyd. MR. LANTZ: Kyle Lantz. MR. LYKOS: Tom Lykos. CHAIRMAN JOSLIN: Richard Joslin. MR. HORN: Lee Horn. MR. JERULLE: Terry Jerulle. MR. WHITE: Patrick White. CHAIRMAN JOSLIN: All right, gentlemen. Good morning. And staff, are there any additions or deletions to the agenda? MR. OSSORIO: Yes. For the record, Mike Ossorio, Collier County Licensing Supervisor. We sent the packet out to you last week, and in that packet was a -- an item for fees, introducing new fees for the licensing board, and since then they've been updated, since September 15, 2009. 1 want to put it in the record, put it with your packet. CHAIRMAN JOSLIN: Okay. Do we have the new -- the new draft? MR. OSSORIO: Yes, we do. CHAIRMAN JOSLIN: Do you want to introduce that for evidence just to make sure we've got the same piece of paper in front of us. Page 2 September 17, 2009 MR. OSSORIO: It's going to be marked, updated September 15, 2009. We also have a document for the resolution, I want to pass out as well for the record. CHAIRMAN JOSLIN: Okay. Is that the only additions? MR. OSSORIO: That is the only additions. I do have some -- a comment before we start. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: I got an email from Eric Guite', one of our longstanding board members. He has resigned his seat on the Contractor Licensing Board effective immediately. I've contacted the City of Naples, and I've contacted Sue Filson, and we'll get that filled as soon as we can. CHAIRMAN JOSLIN: Another one from the City of Naples? MR. OSSORIO: Both in the city. We have one consumer in the city, and we have a contractor in the city, so we'll be advertising that. I'm also communicating with the city council. One of these vacancies has been almost a year. So I'll try to really hit that hard and try to get a consumer from the city. If not, I'm going to try to get some kind of resolution authorizing us to advertise in unincorporated Collier County so we can get this thing filled. CHAIRMAN JOSLIN: Try to get that position filled. MR. WHITE: A word, Mr. Chairman? CHAIRMAN JOSLIN: Sure. MR. WHITE: I reside within the city limits, for your information. MR. OSSORIO: Okay, okay. I will hang on -- CHAIRMAN JOSLIN: Make a note of that one. MR. OSSORIO: Well, that might be good news, because then we just have to advertise in the unincorporated area. We still have a problem with the consumer in the City of Naples, but I'll address that with the city council. CHAIRMAN JOSLIN: Okay. When you do that, I'd like you to really be demanding as far as what -- we need that person on the Page 3 September 17, 2009 board. This has gone on for about a year that I know of, for sure, that we've been looking and searching for someone from the city to represent them. If they don't want someone on the board, then at least put it in our hands to be able to get someone here from the county. MR. OSSORIO: Yeah. I talked to Sue Filson. I made that pretty clear. I didn't use those words, but -- CHAIRMAN DICKSON: Okay. MR. OSSORIO: -- said it was imperative that we get a consumer to bring more information and get their perspective on the board. CHAIRMAN JOSLIN: Okay. Did you have another question? MR. WHITE: Just another point of order, Mr. Chairman. As handy as I am with tools and, you know, other things like that, I thought I was a consumer representative. I'm not a contractor. I hold no contractor license. So I'm again just -- MR. OSSORIO: That's correct. I stand corrected. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: Mr. White is a consumer. And if that's the case, he lives in the city, I'll talk to the city council and also talk to the city building official. I'm sure it's just a formality. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: We can advertise for the unincorporated for the consumer. CHAIRMAN JOSLIN: Both. MR. WHITE: No. MR. OSSORIO: I mean the contractor. CHAIRMAN JOSLIN: Both. MR. OSSORIO: I'll take care of it. CHAIRMAN JOSLIN: Okay. If there's no other additions or deletions, I'll need a motion to approve the agenda as reviewed. MR. LANTZ: So moved, Lantz. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and second for the agenda. September 17, 2009 All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. WHITE: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Okay. I need the approval for the minutes for the August 19th meeting. MR. LYKOS: Motion to approve, Lykos. MR. LANTZ: Second, Lantz. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. LANTZ: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. WHITE: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. All right. Without further ado, we're going to go right into this review of the upcoming fee schedules. Are all the parties here that are going to represent this, that are going to be speaking? MR. OSSORIO: I believe so. CHAIRMAN JOSLIN: Okay. As you all know, there was a Page 5 September 17, 2009 resolution that was written way back in April about -- I'm sorry -- March of'07, March and April of'07. Just for the record, I'm going to read the resolution that was written. This is the reason why -- one of the reasons why we're here. It says, number one, the fees set out within the attached new fee schedule are fair and reasonable, which is the original fee schedule. And, number two, the extremely poor state of economic conditions for the construction industry makes this an extremely inopportune time to raise fees charged to an industry that's suffering from this economic downturn; however, the level of service provided by the contractor licensing and enforcement departments should not be reduced due to economic conditions because its enforcement activities are critical to the protection of the health, safety, and welfare of the citizens of Collier County. Since that time, our fee schedules, I believe, were put on more or less of a hold pattern, not to increase them because of that particular time. And now it's come before us that there's a need to do some type of adjustment only to bring us up to the current code and maybe to bring us up to the fee schedules that other municipalities charge. So with that said, I'll open it up to any other questions, or Mr. Ossorio, if you want to begin. MR. OSSORIO: Well, I just have a -- want to comment on that, that is, this fee schedule, we did deal with a reduction. Contractor licensing staff and personnel are working 32 hours a week, so there is a reduction in service. And this fee schedule is to address that issue. Gary Mullee is here to go through the fee changes, and if you have any questions, I'm sure you'll -- I have no other questions. CHAIRMAN JOSLIN: All right. Okay. To the podium, sir, and you must have something to say. Could you please identify yourself, and be sworn in. MR. MULLEE: For the record, it's Garrett Mullee, and I'm manager of operations support here at CDES. Page 6 September 17, 2009 (The speaker was duly sworn and indicated in the affirmative.) MR. MULLEE: Thank you. I appreciate the opportunity to talk to you guys. You'll have to excuse me. From time to time I'll put on my reading glasses. Unfortunately, I've gotten to that age where I've had to -- no longer can see my own paper here. What we're bringing before you is a fee proposal, and I think that you guys saw the first draft at your last meeting. And basically I'm just going to -- I've prepared an attachment. I assume it's the same one that Mike has passed along. If not, I've got a copy over here. And I'm just going to take about five minutes, just kind of explain the history of this particular proposal, what's in the package, and what the process is or has been up to this point in time, and then I'd be happy to kind of go over any of the details and answer any of your questions. Over the course of time, you know, CDES really hasn't raised its fees in a long time. Probably on the building side, on the building permit side, it's been probably since the 1990s. And so we are taking a look at the overall fees within the whole organization, and contractor licensing is one part of that. Now, we outsourced this Fund 113, the building permits and the contractor licensing, to a vendor who's gone ahead and done a time study of the actual time that the activities take and the associated costs with those, and that's what came forward in the draft proposal, the original draft proposal. What we've done is, the package that we have here presents not only the vendor's draft of the items, but a real detail of the cost structure that went into -- into those fees, into that calculation, and we've also -- in this package is a spreadsheet which summarizes the cost -- the changes in the proposal over the last month or so. Fund 113, which contractor license is part of, has lost $2 million this year, which means our expenses have exceeded our revenue by about $2 million, and that's despite the fact that we've made a very Page 7 September 17, 2009 long and extensive series of cost cuts within the organizations, as Mike has alluded to. Staff has gone on 32-hour workweeks. We have, overall, in CDES let 120 people. We have cut every cost. We haven't replaced a vehicle in the organization now in four or five years. We're just running on vapor. And you know, obviously it's just an indication of the economy and where things are. Unfortunately, because we haven't -- you know, we've been running on reserves now for a couple years, which is the -- you know, the money that came in for future services like inspections and all at the height of the boom. That money is essentially gone at this point in time. And so now we need to kind of adjust fees to what our actual costs of operations are. You know, we came into this process, and this really isn't an attempt to hoist a fee schedule and a fee hike on you just cold, because we really wanted to try to make this a consensus -- consensus project or process. We understand the economic environment that everyone has to live in. We understand the times. And so we understand that we are asking you for something significant, and we understand the burden. And so what we've done in this process, or what we're hoping to do in this process, is to kind of put everything on the table. We're asking you for something and we realize that there's -- you know, we're here together in this thing, and clearly you have expectations and needs for service, and we want to have a discussion about those. An example of that, you know -- and we've done in the building department, obviously level of service has been a significant issue as far as permit turnaround times. And one of the things we've done in the fee proposal on that side is that we've put forward a proposal for a turnaround guarantee, land review standards, where we actually have a -- in the fee schedule plan review standards. I think it's five -- right now it's five days for residential. It's 15 days for commercial projects. That's front door to back door within the organization. That's not only im September 17, 2009 for reviews in the building department. It's zoning approval and it's impact fee review with the permit. And in fact, we are going to be issuing a 50 percent refund if we don't meet that standard, and that's because obviously the industry has -- you know, if we're going to increase fees and ask you for something, we are willing to kind of step up to the plate and make a real attempt to kind of resolve some issues and meet your needs. As these contractor license proposals come forward, there's been a couple of evolutions since the first draft came out. One, I think you guys saw the first draft about the same time I saw it. And so, probably shortly after your meeting there was a variety of minor fees, which I just reduced. And what we're trying to do is keep the contractor licensing fee proposal strictly to what the vendors and time studies are. If I don't have a real detailed cost breakdown of a particular fee, I'm not going to bring it forward. And so -- there's no point. We're going to keep this right to the study. As we went through this, we presented this along with the regular building permit fees to a subcommittee of DSAC which is looking at the fees. There's two subcommittees; one that's looking at the planning review fees, and one looking at the building review fees. And I think Mr. Lykos, who was in on that meeting who went ahead and -- as we went through the cost structure, we were looking at how costs were allocated to these contractor licensing fees, because these fees -- within contractor licensing and within this spreadsheet and this package, you know -- I can go through details -- not only is it the actual cost of the costs that are involved in contractor licensing, my staff, and his immediate costs, but there's several allocations that are allocated to this section. There's administrative costs, which -- Bob and his staff in building department, and there's a level of divisional oversight which is kind of distributed across the organization, and Mike picks up a little piece of that because he has staff. Page 9 September 17, 2009 And that's the financial end, myself, that's Joe. There's also -- he picks up a little piece of countywide allocations, which is IT, HR, a variety of things. I can go through the detail of that. So as we had that discussion, some concerns were raised about the outcome of the specific allocation of costs. One was record rooms and addressing section, which is a Fund 113 section. And since there's only three revenue sections within 113, which is Mike's section, contractor licensing, it's plan review fees, within Bob -- within the building department, and inspection fees, we allocated those addressing and record room costs across those sections. And the concern was raised that, well, contractor licensing really doesn't use those, per se. It really isn't involved in record storage and all that. And we took a look at that, and we decided, yeah, there's some validity to that concern. And we also wanted to, you know, try to kind of reach a consensus on this issue. So what we've done is we've removed the record room, addressing, costs allocation from this proposal. And then -- so what you have is a revised set of fees which are probably, on average, down 15 -- 10, 15 percent from the original proposal because we've removed those costs. It's $112,000 which was allocated to contractor licensing included in this fee structure. And we would -- we will -- though I'm not exactly sure how we'll do that yet, but I'll figure it out -- we will remove those costs completely from Fund 113, and I'll allocate those costs to other sections, probably to Fund 111 and 131. So what we're doing is we're working -- Joe's just figuring it out. MR. SCHMITT: Yeah. MR. MULLEE: So don't worry about it. And so what we're doing is we're trying to remove those because we're trying to kind of reach -- reach an understanding where we -- where we're in agreement on what's a legitimate cost and what's a legitimate set of fees for the organization. Page 10 September 17, 2009 So with that, that's basically the process that we've kind of gone through to get to this point. Like I said, I have the details of the cost structures that went into this. I'm happy to kind of go over it line by line. I'm happy to address your questions, whatever you'd like to do at this point. CHAIRMAN JOSLIN: Okay. What's the pleasure of the board? Do you have any questions you may have at the moment? MR. LANTZ: I have a question. CHAIRMAN JOSLIN: All right. We'll start in the corner. Let's try and keep it down to maybe one person at a time. Let's not get into the same conversation if we can help it. MR. LANTZ: All right. I've been going over this, and I want to preface this by saying I'm biased because I'm a state -licensed contractor who has five state licenses. So when I see my fee going from $10 to $45, multiply that times five, that's a lot of money that I don't want to spend. So because of that, I'm your worst enemy right now. Let me preface it by that. Now, when I look this, you know, we were told at the last month's meeting, you know, look at what other municipalities are charging to register a state license, and so I did a little research. And I looked, you know -- I do work in Lee and Collier County. Lee County we have, you know, Lee County, Bonita Springs, Fort Myers Beach, City of Sanibel, Fort Myers; then I have Collier County; then I have City of Naples, Marco, and Everglades. That's nine different people I'm paying a registration fee, which to me is ridiculous. So I look around other places around the states. A lot of places charge a state registration fee and a lot of places don't. And the ones that don't specifically address state statute and the Contractor Licensing Board that says -- it's 49.113, I think -- that says, state -- local governments cannot charge a fee to a state -licensed contractor except for optional license fee and a regular building permit fee. Page 11 September 17, 2009 And now we're getting all these extra licenses. I didn't care when it was ten bucks, but when it's 45 bucks, you know, you start looking at it. So my curiosity is, what's the deal? Are we going against the state statutes by charging a fee? And if so, can we get our money back or reduce the fee? I mean, it just seems to me like we're getting fee'd to death. MR. OSSORIO: No problem, Mr. Lantz. I'll go ahead and answer that question. The term registration fee is probably a misnomer. We're going to work on that, maybe even change it. It's a process. Remember, this -- you've -- even though it's one fund, you come to our office, which is a contractor licensing office. It's not a building permit fee. It's not a building. You elect to register your license with us to go ahead and -- so we provide you service. In other words, we're going to update your insurance for you free of charge for that fee, we're going to make sure we give you a pin number. This is all a licensing issue, not a building issue. I'm sure if you can -- Mr. Lantz, if you came in the office and you said, I don't want to pay this fee; I'm going to go down and go ahead and register my license, I'm sure we could make some accommodations for you; however, you're not going to be put in our system, you're not going to -- every time you call an inspection, you're going to have to provide us workers' comp insurance. The statute you referred to is a good statute; however, under the Florida Building Code it says we can't issue you a building permit without checking your workers' comp and your insurance. We have to make sure that you have that. And also 149 tells you that we must check to make sure you sub list. So we also do that as well. We update all your subcontractors for you as well. So we will provide a -- licensing department provides you with a service, and we're going to change state registration; it will probably say licensing service fee. We give you the pin number. Page 12 September 17, 2009 But I can assure you, if you want to get rid of this I have no problem because we are losing money hand over fist providing the state -certified contractor with this service. If you want to, I will gladly get rid of it. And every time you pull a building permit, you have to come in, show every time -- every time you pull a building permit, you've got to show your business tax receipt, your workers' comp. insurance, all your sub lists, all your sub lists' insurances, all your workers' comp. of all your employees, all your exemptions, every time you come in to pull a building permit. Now, that's separate. Licensing is providing a service for the state -certified contractors. A lot of state -certified contractors -- we have over 7,000 of them -- register their license with us due to the fact that they like to be on our system. And to give you an example, you're a glass and glazing contractor, state -certified glass and glazing contractor. You don't pull building permits. Put in glass and doors in showers, you don't need to come to our office, and we don't recommend you do so because you don't need to be in our system, in the City View or in CDES to come in and spend $3 million on them; however, when you go to your homeowner's house and you say, here's my contract, I want to put some glass in your house, or here's my state contract, I want to do some work with you, they call our office, because -- find out before you lose out. They call the county. That website for the State of Florida is very unique. It's very difficult for processing, for people to use. So they come to our office and they go in our database, and they check and say, hey, is this guy licensed? And you said, he's not registered with us. And they can lose bids. I have many contractors, state -certified contractors, come in my office and say, I want to update you and pay your fee, because then it's another avenue for these consumers to go to the licensing office and say, yeah, A Plus Plastering is a state -certified general contractor, workers' comp., insurance is up to date, has a pin number, can go ahead and do Page 13 September 17, 2009 everything online, which the licensing department does. It's not a building department permit. It's a processing fee, and we're going to work on that. So you've got two avenues. I mean, I don't know how -- most jurisdictions are getting away with state registrations. If you go to these jurisdictions that we're talking about, you're going to the building department; am I correct? MR. LANTZ: Yes. MR. OSSORIO: Here, where do you go? MR. LANTZ: Contractor licensing. MR. OSSORIO: Contractor licensing. Totally separate. We provide a service for a minimal fee for our staff, and our staff is paid by specialty contractors, and it's not fair. It's not fair to you, not fair to anyone that these state -registered, state -certified contractors are using our system on the backs of specialty contractors. So it's a processing fee. MR. LANTZ: So I will agree that I disagree with you completely on that. But my question is, if I want to build a house and I want to pull a permit, can I do it without paying the $45 fee? MR. OSSORIO: If you come in and you write me your letter stating the fact of that state statute, you don't want to be registered in our system and you provide workers' comp. insurance and licensing every single time, every time you want to call an inspection, all your sub lists, I'm assuming that we'd probably make accommodations for you and we'll talk to you. We'll talk to the county attorney; however, it's a processing fee. You might get charged a fee for using our system, our new software system and our CD plus system, so it could be a charge; however, that's something that -- to the county attorney. But I strongly recommend, you know, for the price you're getting, $50 or $45 every two years, it's a bargain for what you're getting, a bargain. And to be honest with you, Mr. Lantz, if you do go that way, Page 14 September 17, 2009 you're going to -- I guarantee you're going to suffer service -wise, so -- in the long-term. I mean, here you are, you have a staff that takes care of your workers' comp. insurance, your -- we are certificate holders for your company. In other words, we renew your workers' comp. insurance. Your insurance company automatically faxes licensing to our office and we update your system. Now, if you don't pay that fee, you won't get that service. CHAIRMAN JOSLIN: Do you want to add anything else to that? Pretty much says it all, I guess. MR. MULLEE: Yes. CHAIRMAN JOSLIN: More or less a nomenclature situation where the registration is the real kicker or answer to the question. It's more of a -- it's not going to be a registration fee. It's a processing fee? MR. OSSORIO: It's a processing fee. And most counties call it a processing fee. And I apologize that we haven't really -- you know, we haven't changed the name of it. We were going to do that, too, as well, because it's a -- the state statute mandates the building official to go ahead and issue a building permit to make sure that it's not issued without insurance, to make sure the workers' comp. is there, make sure you check your business tax, to make sure that all -- make sure all licensed general building residential contractors subcontract out appropriate licensees, electrical and mechanical. All that is a business practice that licensing handles, not building review and permitting. So with that said -- CHAIRMAN JOSLIN: Okay. Another question as far as that goes? MR. JERULLE: Yes. We said that -- excuse me. The county has said that this fee hasn't been raised since 1994, I think you said. MR. MULLEE: I think overall the building permit fees haven't been raised. There was a -- there was an adjustment probably in the interim. I saw an adjustment on some of the contractor licensing fees. MR. JERULLE: So we've gone 14 years, 15 years without Page 15 September 17, 2009 raising the fees? MR. MULLEE: Uh-huh. MR. JERULLE: The economy has taken a drastic dive, and your building permits are one -fifth, one -tenth of what they used to be? MR. MULLEE: Actually, they're probably one half. We're still running at about 20,000 permits a year. MR. JERULLE: The size of the permits -- MR. MUDD: Yes, the mix of the permits is down, yes. MR. JERULLE: The quantity of the permits have gone -- have decreased by 50 percent? MR. MULLEE: Yes, uh-huh. MR. JERULLE: The money value of the permits have decreased by how much? MR. MULLEE: The money value of the permits have probably decreased by about 60 -- 60, 65 percent. Our budget has decreased by 60 or 65 percent. MR. JERULLE: So I'm trying to figure this in my mind. If you've gone 15 years without an increase and we have a very high volume of permits and a dollar volume of permits, why are we now increasing the cost when our permit fee has gone down and the quantity of permits have gone down? MR. MULLEE: Yeah. I think there's a couple of issues. One, over the course of time, we have done a -- I think we've really -- you know, some of the response, there's been a little lag in the timelines, but we've been -- we've done a fairly good job of scaling the operation according to the size of permits that have come in the door. I -- as far as the number of staff and the organization per permit, I'm at the exact same level now that I was in 2001, 2002. We went up, we went down, like I said. I think in the enterprise funds, we've cut more than 50 percent of our staff, probably about 60 percent of our staff. And so over the course of time there's a couple things that come Page 16 September 17, 2009 into play, and this one is, there's a significant issue of economies of scale within the organization, and that plays out in a couple ways. One, the first way it plays out is, a lot of our costs are fixed. There's overhead costs within the organization that are fixed. This building is an example. Within -- within Fund 113, I guess probably back in the late '90s, the Board of Commissioners decided that this organization was going to be totally fee supporting. So everything within the organization is fee driven or fee supported. This new building addition was build in 2004, I think it was, and was all built on fees. And now the maintenance cost of the building, debt service on the garage, all these kind of costs are fixed costs. When I'm running at 46 or'7 -- 46- or 47,000 permits, that fixed cost is a much smaller percentage than when I'm running at 20,000 permits. And so the cost has remained the same. Actually over the course of time, those associated costs have gone up. So that's one factor in it, that my per -unit cost has changed over time because of that kind of economy -of -scale issue. Another issue over the course of time is -- of my costs going up is obviously personnel costs. The organization, the way it's structured, right now it's probably 70 -- actually in some of the funds in the zoning fund, personnel is 90 percent of our cost. And on the building side, it's probably 80, 85 percent of our cost right now as we have gone ahead and eliminated nearly everything. Over the course of time, those personnel costs have gone up as organization's gone ahead and given cost -of -living adjustments each year. I think probably the average salary increase on a yearly basis is probably about 4 percent. Since the 90's, that's really compounded. Probably what happened -- we would have had this discussion probably in 2003 or 2004 had not the boom happened. And with the boom happening and all the rush coming in here and us having a lag in staffing up -- and for those who lived through the boom, I'm sure you Page 17 September 17, 2009 can remember the vocal discussions about turnaround times within the organization and how long it took us to get a permit out the door, and that was just simply a factor of how long it took us to gear up. And so reserves clearly built up during that time frame, and we had several million dollars of a surplus that built up in reserves. We really developed a much better economies of scale than we had previously. We had large volumes of permits to go ahead and distribute fixed costs against. And so when things started turning around probably -- for us things turned around at the end of 2006, started turning around. Since then we've been losing money, and what has been -- and living off the reserves. And the reason we didn't come forward in 2006 with a fee increase is because we were sitting on a large amount of reserves, and we were sensitive to that very concern, that obviously times were difficult. We had built this money up from permits and some of the cost advantages we got with the higher volume operation. And so we wanted to go ahead and use that money to try to hold costs down as long as we could. And in fact, we've reached the point now where we're actually -- on the planning side, we're actually out of reserves now, and probably on the building reserves we'll run out of reserves in a few months. And so that's the basis to it. We've really kind of scaled according to workload. But my per -unit cost is significantly different than what it was in the 1990s. MR. JERULLE: What I'm concerned with is -- you know, and I have said this at earlier meetings. I want people to have workman's comp, I want them to have a license, I want them to register with the county. I want to bring them into the fold, so to speak, because a lot of the people that we see are people that don't bother to come and register. And now by raising the fee schedule, I think we're giving them an excuse to work outside of the parameters rather than inside. And by September 17, 2009 raising it, I think we're going to maybe get less money, if that makes any sense at all. MR. MULLEE: Yeah. There's a couple -- MR. JERULLE: There are people that aren't going to pay these fees that will still go out and work. MR. MULLEE: Yeah. I understand that concern, and there's a couple things in that concern. One, it has been brought forward, within this fee structure, it certainly is proposed another contractor licensing inspector, and that will be hired inside of this fee structure. That was brought forward to me as a need of the industry or a request of the industry, and that's inside this structure. But yeah, we're sensitive to the concerns about raising fees too much and its possible effect on activity levels, and we understand that. But as we went through this, unfortunately, we're in a position where this is what the cost is to us. And so we're kind of in this situation where if we don't raise the fees to cover our costs, we're not going to be able to provide the services, period, and -- because there just isn't sufficient revenue. I've got to tell you, you know, we're in the position where, without a fee increase -- without some kind of adjustment on the fee revenue, we're coming to some kind of consensus within the industry on this issue where come November, I think we have, what is it, 55 people left in the building department? MR. SCHMITT: Fifty-six. MR. MULLEE: Fifty-six. MR. SCHMITT: Counting contractor licensing. MR. MULLEE: Counting contractor licensing, 56 people in the building department. Without some type of adjustment in the revenue structure, I -- you know, probably my recommendation would probably be in November to let 20 of them go. It's just, that's just the way it is. And so what we're trying to do is, you know, be sensitive to those 1 _. September 17, 2009 concerns and trying not to raise fees a penny above our actual costs. And that's why you've seen this particular proposal go down over the last month is because I don't want to raise these fees more than one penny above what our -- what our costs are, and what our costs are not in terms of where we were in 2003, because we were replacing computers, we were replacing vehicles. We're raising these to what our costs are now, which is really running a very thin operation around here. People in the organization MR. JERULLE: I'm not disagreeing with that at all. I'm a member of the licensing board. I believe in the licensing board. I think what Mike does and his staff does, they do great work. My concern is, is that, you know, we're going to be seeing more and more people that are not going to register, are not going to get workman's comp. insurance, are going to work outside the law, so to speak, because they're going to look at these fees and say, geez, they were too expensive before and you raised them with this economy, is what I'm concerned with. CHAIRMAN JOSLIN: Terry, I think -- and this is a quick comment I'll make. I think you're going to see that this is going to get -- it's going to get worse. It will get worse without fee increases also because of the fact, this is going to be able to provide one other investigator; it's going to provide the level of service that it's going to take to keep the people that are working here honestly protected against people that don't have licenses, because if we don't have some type of -- and I've looked over this kind of closely. If we don't have some type of an increase, we're going to lose probably another investigator. Now, when you start losing investigators and you open the door and allow unlicensed work to continue, you're going to open this place up until everybody in the county is working without a license. Now, how are you going to provide the service to protect you, Page 20 September 17, 2009 that is a licensed contractor, that's trying to do the job right, and everyone else? MR. JERULLE: I'm confused. Either we're raising the fees to add an inspector, or if we don't raise the fees, we're going to lose an inspector? MR. MULLEE: It's both. MR. SCHMITT: For the record, Joe Schmitt. Let me make sure you all understand the situation. CHAIRMAN JOSLIN: One, one quick question. You need to be sworn in, please, just so we can put it on record. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN JOSLIN: Thank you. MR. SCHMITT: Let me address that issue, but I also want to talk about state licensing as well, because that's another issue that we kind of glossed over, and I want to make sure you understand what's going on there. Let me talk about the budget. Gary said, this is simply a matter of raising sufficient revenue to provide the level of services demanded by the industry. I'm not subsidized. The building department is -- functions entirely on fee revenue 100 percent. Other counties, some other counties, your ad valorem tax dollars pay for certain portions of the operation. Down here they do not. Other counties, including Lee, the building is provided by the taxpayers. This building was paid for by you all. You purchased this building. You pay to operate it, you pay to maintain it. There were no government impact fees that paid for this building. And I'll correct the record. This building was planned for, I think, in'98 or'99, contracted in 2001, and built in 2002. So it was even before my time. The issue here is, it's a pretty simple fact of, I -- the revenue needs to support the staff or the staff needs to -- will be cut commensurate with the revenue that I receive, unless one of two things happen. One, the board subsidizes or, two -- and there's been Page 21 September 17, 2009 discussion about attempts to even look at contracting this service out to a private provider or private contractor. And if that happens, it's going to cost even more, because the contractor most likely will cost more. So when I look at both the zoning department, engineering, and environmental review, which are the zoning funds, the 131 and this 113 fund, the fees have to pay for the staff. The staff has been reduced 110 percent. The staff has been reduced commensurate even beyond what is -- was -- we should have more staff to support the workload that we have, but I can only afford what I can meet based on the fees that I receive. And the choice will be -- there will be no choice. The choice will be to reduce staff, and that will impact contractor licensing; it will impact them hard. It will impact them hard. I would probably -- it will be more than one investigator, and I don't -- that's not a threat. I mean, that's just the reality. One of the things the industry approached, I think when Tom came in and we met, CBIA -- and we also met with the subcommittee, the DSAC, there were concerns about providing support. Mike provides a licensed investigator -- licensed investigator for the City of Naples full time. They provide no money for that service. I have an interlocal -- that's the piece I want to make sure you -all bring up. I have an interlocal agreement with both the City of Marco Island and the City of Naples. Now, the fees that you pay to register in Collier County, we provide that service to both the City of Marco Island and the City of Naples. So Kyle, I'm not sure what you're paying for when you register for the city. That's something you may have to go back and ask the city what you're paying for, because we provide the service for both the incorporated and unincorporated areas of Collier County, and that service we provide through interlocal agreement. Now, some people may say, well, we ought to go back to the city Page 22 September 17, 2009 to ask for the city to compensate for the services provided. The interlocal agreement that was passed, Mike, what, probably ten years ago, I think -- MR. OSSORIO: That's been updated since then, but -- MR. SCHMITT: Basically it was an agreement between the Board of County Commissioners and the city council. We charge the fees, the fees pay for the service, the service we provide would be provided based on the fees we collect meaning that -- in the city as well for contractors who do work in the city. And I want to talk about state licensing a minute. We get numerous state contractors who come over here, register, and we provide letters of reciprocity to other counties because our fees are so low. Mike can allude to that. He gets hundreds of those, $10. We'll get many contractors coming over from the east coast, coming over here registering, and then we send letters of reciprocity. Every letter I send I lose money. Every letter. MR. OSSORIO: That's right. MR. SCHMITT: So it's just a matter of -- and you're right. And what a time to come in and ask for a fee increase. When I had the boom, I had the economies of scale, and at one time I was sitting on, between both funds, probably $12 million in reserves. And we paid off this building. We purposely bled that down. We've been living off -- or not -- well, we bled that -- the reserves down. We've been living on the reserves. But I'm at a point now where I can't let the reserves go down any further because those reserves are actually services for prepaid services. Those are reserves to pay for inspections that are, frankly, associated with permits that have been pulled that we have to -- we have to perform those inspections. Meaning, if I shut down tomorrow, I still have to have inspectors. But the reality is, if I don't have the revenue, I can't meet payroll, and if I can't meet payroll, I have to reduce staff. It's that simple. Unless the board chooses to subsidize through the general fund the Page 23 September 17, 2009 operations in community development, and that's way above my pay grade. MR. WHITE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. WHITE: Mr. Schmitt, that may be well above your pay grade and everyone that's in this room, but I think the fundamental issue -- years going back, and use the verb subsidize. If you look at the distinction between what was done relative to capital costs to fund construction, modeling of the physical plant in Lee County versus Collier County, I think it's clear that there was a difference of opinion as to the utility and function that those reserves or other permit fees were utilized for. And part of the rationale, I think, that supports what I hear other board members saying is that, but for those dollars having expended for capital costs, we would not require or at this time need fee changes. MR. SCHMITT: No, that's not -- MR. WHITE: So it begs the question of whether, in fact, subsidy, or whatever you want to call it, is something that more appropriately should be looked to to provide the services that are needed. CHAIRMAN JOSLIN: Mike? MR. OSSORIO: I just wanted a quick comment on that because it makes a good point. We are in the licensing board, and you're talking about building -- building permit fees. As long as I've been here, if you look at our numbers, we haven't changed very much; $10 here, $2 for the reciprocity letter. We've been subsidized by the permit fees. Licensing has also been in the red, black and white. Also been in the red. And, unfortunately, the building department cannot sustain our operation anymore. And in our code, we've probably been in violation of that under the fee schedule. The fee schedule says, licensing and application fees should pay for itself. And Bob Dunn Page 24 September 17, 2009 and his group has been subsidizing you and us for years. I mean, I'm talking about, you know, the industry's going down, you know, the economy's going down. Well, I can assure you this, looking at our numbers: We are up in citations, we are up in our fees, we're up in our -- just alone in our -- we are up in everything we do. We collected and we mitigated $295,000 back to the consumers. You can't put a price tag on that. You can't. State contractors, local contractors, whatever. It is about time that the licensing department really gets into gear and figure out this -- we are in violation of the ordinance. Bob Dunn and his group has been subsidizing us for years. That's why we're here today. The permit fees, that's a fight that you and 1, you know, can't look at. It's nothing to do with us. Is it, are licensing fees where they need to be to provide a service? MR. SCHMITT: Well, let me add, Patrick -- MR. WHITE: I don't disagree. Let me just interject, if I may, Mr. Chairman. CHAIRMAN JOSLIN: One at a time. MR. WHITE: Thank you. I don't disagree with what Mr. Ossorio has said. I think he's absolutely right on. My point is simply, if the rationale that's going to be provided to us by the county has something to do with the other uses of this fund, I'm challenging that. CHAIRMAN JOSLIN: Right. Where's the money and how is it being used is what you're saying. MR. WHITE: What I'm not challenging is that if there's a need and it's supposed to be self-supporting, then that's fine. But let's not bring in some other inapplicable rationale that may have some merit as to building fees, may have some merit as to planning and zoning fees. That's not part of our discussion. So I just didn't want to get wrapped around the axle with it. MR. SCHMITT: Patrick, I mean, the issue was brought up about workload, and we answered that. But Mike was spot on. I'm going to Page 25 September 17, 2009 turn the microphone back over to Gary. The issue here is, the budget was set up strictly for Mike as a separate cost center to raise the revenue needed to provide the services he provides. And that's the way the budget is prepared. That's way this FYI budget was. Mike needs to raise the revenue based on the services he provides. He's been subsidized for years through building permit fees. I can no longer do that. In fact, there are state statutes that clearly define what building fees can pay for. But this budget -- and these fees are based solely on the money Mike needs to provide the services he provides to include an additional investigator. Gary? MR. MULLEE: Yeah. Let me go ahead and -- specifically to your specific point, Patrick. Two levels. First of all, kind of a theoretical and, second, what actually Mike is providing along those lines and what costs are specifically in this proposal. Theoretically, you know, in terms of the past and the decisions for capital expenditures and all that, that's water under the bridge. The building's here and the costs are here. Now, what is being allocated, for example, for this building today? Within the budget there's a detailed rent structure. So 113 went ahead and built this building, built the addition and built that. But 113, the building department fund, does not subsidize the total cost of the building and the operation. Every occupant of this building, no matter what fund they are in, are allocated the costs. We call it a rent structure. We charge them, but it's part of the -- actually, the primary -- the primary fund bearing costs inside this building is Fund 111, because the way the organization has shrunk, we actually have more Fund 111 employees in the organization than any other employees, code enforcement, comprehensive planning. And so their portion of the building is charged up. And this Page 26 September 17, 2009 allocation is based purely on the physical space that each section takes up. We take a look at the physical space, we allocate the total costs of the building across that. So when Mike has to pick up part of the -- that -- on a permanent basis, that cost is up because it's a fixed cost. And it's up -- so it's up on a permanent basis. So when Mike in the Contractor Licensing Board picks up -- contractor licensing organization picks up part of that allocation, it's based purely on the space that Mike is taking, just like you guys have to pay rent. It's not -- it really isn't any different. Should the -- should we have gone on this long capital project of, you know, building the buildings and all? It really doesn't matter. They're here. So, Mike -- Fund 113 is not picking up a disproportionate amount of the allocations of these costs. These costs are allocated everywhere across the organization. CHAIRMAN JOSLIN: So each department has its own little, so to speak, rent in order to keep this building happening? MR. MULLEE: Each -- yes. Each section right down to -- we were happy to get tourism. Tourism has joined the building over on this side. We actually twisted an arm to get tourism. They're paying rent. Everyone who's coming in the door is paying rent. CHAIRMAN JOSLIN: Mr. Jerulle? MR. JERULLE: Yeah. Going back to my point. And like I stated earlier, I believe in the licensing board and I believe in Mike Ossorio and his department, and they do a great jobs, you're going to raise the fees. Are you going to hire someone right away? MR. MULLEE: We will hire someone upon passage of this fee. MR. JERULLE: And therefore my question or -- I don't want to say problem, because I'm just asking the question. If it were me in my business, that would be me spending money before I made it. And my point is is that -- how many licensed contractors do you have currently? Page 27 September 17, 2009 MR. OSSORIO: Which one, state or registered? MR. JERULLE: Registered. MR. OSSORIO: Locally, contractors, I would say we have between 4- and 5,000 at any given time. MR. JERULLE: And are you losing contractors because of the economy? MR. OSSORIO: I looked at -- I did look at the numbers and -- from last year and the year before. We are -- revenue has stayed exactly the same, but we have lost, I would say, this year we've lost a lot of contractors, because we're doing our renewals right now in September. We have lost a couple, but I anticipate they're waiting for their renewals to be suspended, and they're going to come in in January. So I anticipate that we're going to be, you know, where we are for this year in the next year. I don't anticipate a downturn. In other words, everyone wants a license. You've got to understand something, that you lay off 15 contractors, you lay off 15 employees, ten employees, and they've been in the construction business, what are they going to do? They're going to try to get a license. And that takes time and effort. Our licensing applications are up. Our applications of new licenses are up. I think we're down on the renewal side, yes, but I think we're going to capture that probably in January. Our citations are up. And no matter how many times I say we're up, up, up, every single number, licensing has always been in the red. And this is investigator -- MR. JERULLE: My concern is, is that I know a lot of the subcontractors who are barely hanging on, and this increase, they just may say, I'm not going to register anymore. MR. OSSORIO: Two things. One, when you -- you're going from 100 to, I think, 40 whatever it is, I think that's pretty minimal. I don't like to go ahead and base my cost center and base what I do here on September 17, 2009 other counties. But you can assure you, we are very competitive with the other counties. MR. JERULLE: Oh, I'm not questioning that at all. MR. OSSORIO: The thing you have to understand is, these contractors here are to pay -- competing against Miami -Dade contractors. So how would you like to pay a license contractor here for ten years and then a license contractor from Miami comes over, takes our exam, passes it, and conducts business in Collier because maybe Collier County's the last of the counties that are actually doing business. Because we're busy. We have to be busy. We've issues over 750 citations this year, which is more than last year and twice as much as the year before that. So it's not fair. I mean, there's not a day goes by that I don't get a specialty contractor who tells me, Mike, I'm losing, I'm barely hanging on; however, I'm getting underbid. I need help to get out there, to check workers' comp., to check liability, to make sure we're on an even playing field. MR. JERULLE: We're not helping them by -- MR. OSSORIO: We're not helping them -- MR. JERULLE: -- being underbid by increasing the fees. MR. OSSORIO: Okay. MR. JERULLE: I just think that the overall costs -- excuse me. I think your overall amount of subcontractors are not going to be there next year, but that's my caution. MR. OSSORIO: I respectfully disagree. MR. WHITE: Can I follow up on that rationale, Mr. Chairman? CHAIRMAN JOSLIN: Sure, go ahead. MR. WHITE: And I apologize, gentlemen. I don't make my living in the same fashion you do as a contractor, but I do operate essentially in a larger economic environment where we interface with you all the time. Page 29 September 17, 2009 I have a slightly different view of what Terry's saying, and that is, what is going to happen to all those people who may elect to not follow the law -- CHAIRMAN DICKSON: Exactly. MR. WHITE: -- based upon what these fees may be? I think the problem is one that says, all the more, is there a reason to have a full staff for the purposes of investigating those claims? The question to me comes down to, how do you best level the playing field in the economic hardship that is currently ongoing for all of the people who want to play by the rules? To me, it may sound like the argument of more government versus less. But in this instance, it really seems to be that, without the cops, who are you favoring operating out there in the market? CHAIRMAN JOSLIN: Right. MR. WHITE: The people who want to operate legitimately, or the people who want to cut costs in an attempt to, quote, underbid? If you don't have the cops out there to help protect and keep the playing field level, I suspect that we're going to create an environment where there's more disadvantage or more economic incentive for someone to not follow the rules. CHAIRMAN JOSLIN: I agree. MR. WHITE: That's what my fear is. CHAIRMAN JOSLIN: I agree with you totally. That would be no more than if you have people in the street without the cops. If you take down all the speed limit signs, are they all going to go 50? I doubt it. If you take out the license factors and you take out the investigators, are they all going to still go out and work for a licensed contractor? They're going to go work anyway. MR. WHITE: I think there's a certain percentage of -- CHAIRMAN JOSLIN: We need to have this done. MR. WHITE: -- contractors and people who believe that in a reasonable society, you follow the rules that are common-sense based. Page 30 September 17, 2009 It really comes down to, is this a common-sense based number? Whether it's one that people can economically afford and continue to operate on is a legitimate question, but it has to exist within the context of that larger issue. So that's the point of view I'm taking from it. CHAIRMAN JOSLIN: On the calculations that you've done, or the calculations that were finished out that we've got before us here, was this basically the lowest level of increase that we can -- that we can live with in order for this to happen? MR. MULLEE: Yeah, I think -- I really think so. I really believe that what it does is it covers the actual costs that are this year's costs of this section. It doesn't budget in any vehicle replacement, it doesn't budget in for this immediate section. It doesn't budget in capital replacements. It's a very tight thing. There's approximately -- we went ahead and took a look at the entire activity level that was going on this year. We projected out these fees in terms of revenue. I would categorize it that I've got probably $70,000 -- came out -- the projection came out about $70,000 above the immediate cost of this section, which is what we figure is sufficient to go ahead and fund another investigator. CHAIRMAN JOSLIN: Okay. Let's -- let's see now. Tom, let me hear from Tom for a minute. MR. LYKOS: When we were in our subcommittee meeting, I think it was last week -- is that right? I don't remember the date. MR. SCHMITT: It was two weeks ago. MR. LYKOS: Two weeks ago. One of the issues I brought up, which I think Joe addressed and it might come to play in all the comments that have been made so far, the primary concern I had -- let me take a step back. I want to preface my comments with, Gary, I think you've done a great job on the math. If you've listened to the comments so far, they tend to be about the philosophy of what we're trying to accomplish and not about the math, and I know that we've Page 31 September 17, 2009 dug into the math during the subcommittee meeting. I think you've done a great job addressing our questions and breaking everything down for us. Nobody's really had a math question, and I think it's because you've done a great job in your presentation, so I want to thank you for your efforts. You've done a great job. MR. MULLEE: Appreciate that. MR. LYKOS: The primary concern I had was that we know that licensing performs services outside of documenting contractors, which is what Kyle's concern was. There's a tremendous amount of time investment in contact and in investigations. And if you look at the hours and the way they were calculated by the contractor that did these calculations, the majority of the hours, probably close to 100 percent, are allocated just to contractor licensing and the services that Mike's department provides. If we were to go through the citations -- and you're issuing 60, 70, 80, 90 citations a month, you have, if I remember right, somewhere about eight times that number of contacts. If you were to look at the actual allocation of your man-hours towards the services you provide, I would bet that a majority of your time is spent in following up on contacts and those citations, which has got nothing to do with new licenses or renewal licenses regardless of the type of license that it is; however, all the costs are allocated directly to licensing. Joe, we brought this issue up at the subcommittee. About half of your investigations are done with -- and I hate this term unlicensed contractors, because if they're not licensed, they're not contractors, but it's just the term that's recognized by our industry. So half of your hours are dedicated to investigating unlicensed contractors which are not directly related to the fees that licensed contractors pay, which means that those services are provided to the general public. Page 32 September 17, 2009 Now, Mike, you made a comment at our last meeting that, well, that's done in support of the licensed contractors. And I'll give you a little bit on that one. But the point that I want to make is, those are services that directly benefit the general public, like code enforcement, and code enforcement is paid for by the general fund. So if we did -- I'm sorry. CHAIRMAN JOSLIN: Take a small -- want to take a small break? Are you ready? THE VIDEOGRAPHER: Yes. CHAIRMAN JOSLIN: Okay. If you'll hold your comments for just a minute, we'll take a five-minute recess so he can just change the tape in the camera. (A brief recess was had.) CHAIRMAN JOSLIN: Open the floor back up. Thank you. MR. LYKOS: Yep, thank you. So a good portion of what Mike's department does is a direct benefit to the general public; however, there is no funding from the general fund for those services. So all of the expenses for Mike's department come from the revenue generated by citations and license fees. I think if we were to break down the man-hours spent in Mike's department, we would find that more than half of the time is spent on investigation contacts and then the subsequent legitimate investigations, which means that more than half of the revenue for that department should come from the general fund. That being said, we know it's not going to happen. If our licensing board wants to go down to a BCC meeting or if we want to send a resolution to the BCC and let them -- and do the math on the time that Mike's staff spends on the non -licensing activities and then go down to the Board of County Commissioners and show them that they should be subsidizing Mike's department so that all of the revenue does not come from licensing, we could probably reduce the Page 33 September 17, 2009 fees for licensing. If we did a real calculation based on the cost of providing that service and then collected an appropriate revenue, the costs would probably be less for licensing than what they are currently, let alone adding to them. The problem is, we are not going to get the Board of County Commissioners to approve subsidizing of the 113 for specifically contractor licensing from the general fund. It is absolutely not going to have happen. So we could have philosophical questions for the rest of the day today, at our next meeting and our next meeting and our next meeting. It comes down to whether or not we want to fund the efforts of the licensing board for why we're here, which is to protect licensed contractors and to find and discipline unlicensed activities and contractors that operate without permits and without proper insurances. I don't know that without doing a lot more math to find the true costs of providing the service that's being funded by the license fees and then going to the Board of County Commissioners for a subsidy for this department that we're going to solve this issue today without additional funding from the general fund. MR. MULLEE: Yeah. Can I -- just very briefly on this topic. You know, this is an issue, or kind of a philosophical issue which has confronted many sections of the organization. It's not just this one. Clearly we're on the planning and zoning side. What they do that's fee related and what they do that's really general in nature is a significant issue and a significant question. Unfortunately, you kind of hit the nail on the head in that it is a philosophical question that we -- within the context of how we have to fund the organization right now and how we have to meet payroll, you know, I can't do anything about it. I have to go ahead and meet costs based on the revenue structure that's in place. Page 34 September 17, 2009 Certainly, as part of this proposal, I'd certainly be happy to put it on the record, that we would be happy to cooperate with any kind of effort to identify things that are a legitimate general fund in nature. We'd be happy to assist you, and if you wish to, go ahead and take that to the board. And if you so -- I think you have almost no chance, but if the board wishes to go ahead and subsidize certain parts of the operation, I'll take it penny for penny off these fees. I don't -- I don't have a problem with that at all. But the reality of the immediate situation is that I've got to fund this organization, I've got a fiscal year coming up, I'm out of money, and I need to do something fairly immediately. MR. OSSORIO: I've just got one comment real quick. CHAIRMAN JOSLIN: Okay. MR. OSSORIO: We've collected over $200,000 this year in citations. We've got a budget for this upcoming year of -- I think it's going to be around 800,000, 850-, so we're looking at one-fourth. Issuing the citations from our office is one of the easiest things to do. What's not easy is investigating licensed contractors under misconduct. That takes time and effort. I'm not saying that we're working smarter, but we are double duty. I have Karen Clements who does the citations, who does the territory, that does licensing board. I have -- and the office personnel. So collecting $200,000 in the citation is easy. Doing the investigation on misconduct under the ordinance is difficult, and I'll leave it at that. CHAIRMAN JOSLIN: Mr. Boyd, you had a question? MR. BOYD: Yeah. I can sympathize with, this is not the time to be raising fees, but I think these are all in line with what everybody else is charging. I mean, we're going to go up for registering a state contractor, which I am, to $45, correct? MR. OSSORIO: That's our intention. MR. BOYD: And that's two years. Page 35 September 17, 2009 MR. OSSORIO: Every two years. MR. BOYD: In Lee County, City of Fort Myers, I pay $25 a year. So it's not out of line. Yeah, maybe this isn't the time to raise it. But, Terry, isn't it cheaper for somebody to pay the fee than to get a citation of 300 to $500? And if we fund another investigator, we've got the chance to catch these people, and the word gets around that, hey, you need to -- you need to register your license. I'm totally for this. I mean, I see no other way. We can talk about, you know, raising fees is going to destroy this, going to destroy that. We have to raise the fees. But I don't see a whole lot changing here until five commissioners do something about the impact fees. That's my personal opinion. MR. OSSORIO: Mr. Boyd, you're absolutely right. CHAIRMAN JOSLIN: That's a whole 'nother badge now. Let's not put any other hats on right now, okay? MR. OSSORIO: I just wanted to say one thing, then I'll probably be done because I always talk too much. If you are a legitimate contractor, no matter if you are on the teetering thing, you know, going under or if you actually filed for chapter -- you know, bankruptcy, paying an extra $40 a year to go ahead and get to another person to protect your interest as a licensed company is cheap. And if you go out of business because the county's going to charge you $40 a year extra, well, then you shouldn't be in business, I'm sorry to say. Other than that -- MR. BOYD: Oh, I agree with you totally, Mike. Just -- the fees are not out of line cost -wise. CHAIRMAN JOSLIN: A new person at the podium one time. I'd like to hear some comments. Mr. Dunn, be sworn in, please, and let's hear your comments. MR. DUNN: Yes. For the record, Bob Dunn, building director. (The speaker was duly sworn and indicated in the affirmative.) Page 36 September 17, 2009 MR. DUNN: Hi. I'm just -- I just want to bring you up to date. I've been meeting with HR. I've been working on reorganizing contractor licensing. I don't know if you realize it, but Mike, when his investigator is out, he has to go out in the field all day, you know, and I don't have a supervisor. And we're trying to fix that. We want to bring a new person in, We want to keep him in the office all day, so if somebody's not in Naples, we don't have to have him go out to Naples all day. And in reorganizing this department, we want to, you know, put somebody underneath him that can be a lead, that can supervise, can go out there and lead these investigations and work with him in learning his skills. I mean, he's -- he does a great job, but we also need to make sure that we have somebody when he's out on vacation that can step up and -- to take over managing his department. Currently I do it, and I don't know that much about contractor licensing. But he does a great job. We depend on him, his organization is servicing the county. I don't know how they do it. Two thousand square miles, you know, four investigators. I mean, they do a great job and, you know, we're looking for your support in raising the fees so we can do a better job. CHAIRMAN JOSLIN: I have one quick question for you. I think at the DSAC meeting we had, didn't the funds that we're going to increase, they're also going to allow the licensing to go back to a five-day workweek? MR. DUNN: That's correct. We're going back October 2nd. CHAIRMAN JOSLIN: So we're not going to lose that Friday anymore, so -- MR. DUNN: No, we want to go back to work. CHAIRMAN JOSLIN: Okay. MR. DUNN: I need to get -- currently right now they're coming in on Fridays. He has his administrative staff coming in, and they're keeping up with the licensing. We need to get those checks posted, we Page 37 September 17, 2009 need to get everybody's license updated, so his administrative staff is working on Fridays. CHAIRMAN JOSLIN: I got you. MR. DUNN: And he's doing filing on Fridays. CHAIRMAN JOSLIN: Okay. MR. DUNN: Thank you. MR. OSSORIO: Just one comment on that, relating to the processing for licensing of state contractors. We have over 150 certificates for insurances from state contractors, so we have to enter into the system so they can pull a building permit. That's what we're doing now for the state certified -- CHAIRMAN JOSLIN: Mr. White, you have one other question? MR. WHITE: Just -- I appreciate Mr. Dunn's comments, and I don't disagree necessarily with any aspect of it. But I just wanted to kind of drill back down on some of that math -versus -philosophy discussion as to the differences in the amounts of change as percentages and get some explanation on the record why some things changes not at all, others of them changed 120 percent, but on average, most of them are right around 50 to 60 percent increase. If I could just get some explanation, Gary, as to what explains that range of variation, I think that might help with a greater comfort level. MR. MULLEE: Yeah. The way the -- when we went through the fee study, when the vendor went through the fee study, it wasn't -- you know, there's basically two ways of doing this. And one of the ways is to go ahead and take a macro, you know, kind of broad -level look at your costs, a broad -level look at your revenue and just go ahead and make an adjustment. And then when you take that approach, you get a very consistent number, you get a very consistent, you know, 40 percent across the board kind of thing. And in fact, probably we'll have an overall macro level across the whole fund, that's probably what we're looking at in Page 38 September 17, 2009 terms of the fee increase, that's probably 40, 45 percent. That wasn't done in this particular case because the vendor went ahead and looked at each individual activity associated with the fee increase. And so he -- doing a time study, he came up with individual hours that each activity took. And so what you have is a little bit of a mix in terms of the adjustment amount, because he found some activities took longer than the -- what was really associated with the fees. And we see this across all the fee studies that there will be some on the planning side, and there are some fees which are projected to go up 7- and 800 percent, and there's some fees which will actually go down. And so that's -- because we're really trying to -- we've decided in this process a couple things. One, we've decided to really try to associate the fee with the immediate cost to providing that individual activity. Oftentimes in the past -- I've got to be completely honest, and I'm doing it on the record, I guess -- that in the past here a certain number of our fees within our fee structures, there was a political -- or I say political, but it's kind of an internal political consideration for the fee. That we -- that a lot of the fee studies in the past in the organization have been on a, kind of, more macro level, and people have raised -- an individual concern that we heard here today is, you know, I can't charge somebody that much money for this particular activity because I'm going to lose the revenue, they're not going to come in the door. And we've heard this before with fence permits; we've heard it from various things. So an internal political decision was made, well, let's don't raise that fee, or let's not raise that fee that much. We'll just lower that fee. And what happens when you do that is, you still have the overall macro cost structure in place. Somebody else has got to make up for it. So if we don't raise the fee here, somebody else has got to pay Page 39 September 17, 2009 more for it than what their actual costs are for the individual thing they're coming in the door for to make up for it. And so as we go through this particular fee schedule, we've decided, hey, let's really make an effort, if we're going to raise any fee, that it has a time -tracking basis for it and that we're really kind of charging for the immediate costs of providing that individual service. It's only the -- I mean, we really feel it's only the fair thing to do. And that's why some of these small fees I put back to zero because there wasn't that kind of time -- I mean, I put back to the original level because there wasn't that kind of time -tracking basis for it. But the net result is that some fees will increase more than others on a percentage basis. MR. WHITE: Thank you. CHAIRMAN JOSLIN: This packet that we have in front of us shows a bunch of fees, costs, and adjustments, and then I see one page here where apparently it looks like contractor fee proposal. Should we approve this factor of raising these fees, I can see where -- I'm just taking -- I'm taking just a couple here in general, but one of them was certificates of competency annual. You've got a current cost, I suppose, we're paying now, what the people are paying now for this particular service, then you've got an August 19th initial recommendation? MR. MULLEE: Yeah, that was the initial draft that was sent forward. CHAIRMAN JOSLIN: And then you have a draft from DSAC, and then you have a draft from contractor licensing. MR. MULLEE: Right. And so it's the last -- the last line. CHAIRMAN JOSLIN: The last line is the one that we're looking at, correct? MR. MULLEE: Yes, yes. CHAIRMAN JOSLIN: Okay. So in some senses of the word, having been at that DSAC meeting, I think we've made some kind of September 17, 2009 an average between what was current and what DSAC thought and now what actually is going to come out when the contractor licensing board makes its decision. MR. MUDD: Yeah. I think we really wanted to give consideration into the input that we received. CHAIRMAN JOSLIN: Okay. Just making sure that the fees that are on here are some of the DSAC costs -- MR. JERULLE: So we're going to be voting upon the one that says updated September l5th? MR. MULLEE: Uh-huh. CHAIRMAN JOSLIN: Yes. MR. OSSORIO: If you look -- if you look on the contractor licensing fee proposal, I think it's halfway back. CHAIRMAN JOSLIN: Right. MR. OSSORIO: It says current, August 19th, September 9th, and then September 17th, which is today, and these are the fees that we are proposing today, September 17 CLB. CHAIRMAN JOSLIN: Mr. Lykos? MR. LYKOS: Terry, you expressed the biggest concern about raising the fees under the current circumstances, and I wanted to just, in general, address our efforts from the DSAC subcommittee before this meeting. We went through the direct costs and the allocations or overhead costs that become part of these fees and objected strongly to the records and addressing costs associated with this, which represented, I think, between 11 and 12 percent of the total costs, and got that removed. MR. JERULLE: Good job, good job. MR. LYKOS: Completely removed. So we did go through -- and I don't want you to think that what we did was scientific or that we all got our calculators out. But the point is, we went through the line items. They appeared to be appropriate without spending several days Page 41 September 17, 2009 in Gary's office and going over the supporting documentation. But the amounts that were -- that were calculated for the labor costs, direct costs, and then the allocations -- the description of the costs seemed appropriate, the dollar amount seemed appropriate. When there was a number that seemed inappropriate, we challenged it. Gary was either able to explain it or, in the case of addressing and the records, removed it from the calculation. So I want to say that when we spent time looking at the numbers specifically, they seemed to be reasonable. I'm not saying that I'm endorsing the math so much as I am saying that we did look at them individually, and they seemed reasonable. So -- the ones that didn't seem reasonable, we addressed. And I'm comfortable, based on the work that we did two weeks ago, that the numbers that you see now are reasonable based on the information that Gary provided us. MR. JERULLE: Yeah. I think you did a good job, and I don't have any problem with the amount so much, that we're charging it, as I'm concerned with the amount of revenue that we're going to generate, because I think some people are going to drop out. And I just want to make sure that my point is clear. Like I said several times today, I believe in the board, I believe in Mike, and I'd liked to have another investigator out there. But I'm just concerned that by raising the fee so much, that some people are not going to participate in the program, so to speak. MR. MULLEE: And I can give you my reassurance that we will monitor that and look at -- there really is kind of a -- I guess you categorize it as elasticity of the fee issue involved. So we will go ahead and monitor that over the next several months. MR. LYKOS: I want to make a motion -- CHAIRMAN JOSLIN: Okay. MR. LYKOS: -- that we endorse the contractor fee licensing schedule proposed in our packet today. Page 42 September 17, 2009 CHAIRMAN JOSLIN: I second the motion. MR. WHITE: More specifically on the motion and second, Mr. Chairman, as to the resolution itself that I think would be the vehicle for the motion, if approved, I would like to make a suggestion as to adding some text at the end of the Page 2, if you want to look at the resolution itself. It does not specifically incorporate or reference what the motion maker and the second have said in a specific way. And I'd like to put on the record, if it's acceptable to the motion maker and the second, that what we would incorporate by reference would be Pages 8 and 9 of the handout table that's labeled, updated September 15, 2009, entitled the Collier County contractor's licensing, and specifically we're looking at, on Pages 8 and 9, the column entitled recommended fees that says proposed in the right-hand column. I know that's probably more specificity than Mr. Neale would care for, but I want to make sure that our resolution, if we pass it, hopefully with this motion, is one that actually brings forward the specifics of the recommendation. CHAIRMAN JOSLIN: You're talking about the contractor licensing fees proposed that are proposed now as of this September 15th draft (sic)? MR. WHITE: Correct. On Pages 8 and 9 -- MR. LYKOS: 8 and 9. MR. WHITE: -- in the right-hand column where it says proposal. It's 8 and 9 because the page that follows, in fact, is a summary of the fees as recommended and as they exist across a period of time. Pages 8 and 9, very specifically, are what I think the resolution simply puts in front of the Board of County Commissioners as the proposed fees so that they can look at those. I'm assuming the backup that the board will have for consideration may look at that next page so they can compare. But the actually resolution, I believe, if it's agreeable to the motion maker and Page 43 September 17, 2009 second, ought reference just those two pages as exhibits. MR. LYKOS: Does that sound right administratively? MR. NEALE: Yep. MR. LYKOS: Then I accept that amendment to my motion. I'm not going to restate it though. What he said. CHAIRMAN JOSLIN: I'll accept the second, and I'm not going to restate it either. Hopefully the court reporter's got it all down. MR. LYKOS: That's fine. MR. NEALE: That's fine. CHAIRMAN JOSLIN: I have a motion and a second to approve the resolution as we amended the motion. I'm not going to say those again. So I'm going to put this to a vote. All in favor of the motion to increase the fees as stated, signify by saying aye. MR. BOYD: Aye. MR. LYKOS: Aye. CHAIRMAN JOSLIN: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. WHITE: Aye. CHAIRMAN JOSLIN: Are there any opposed? MR. LANTZ: Aye. CHAIRMAN JOSLIN: Motion carries, 6-1, in favor. Motion carries. MR. MULLEE: Thank you, gentlemen. I appreciate it. CHAIRMAN JOSLIN: You're welcome. Thank you for all your work and your energy and your time that's gone into this, and also Mr. Dunn, Mr. Schmidt, being here at the meeting. That's very nice. And hopefully you've explained everything in detail and we're going to go on and we're going to have a really good county here. MR. MULLEE: I thank you. MR. OSSORIO: Mr. Chairman, for the record, are you going to Page 44 September 17, 2009 sign the resolution sometime today? CHAIRMAN JOSLIN: Yes, I will. MR. NEALE: I'll get you an updated resolution within -- as soon as I get back to the office. CHAIRMAN JOSLIN: Okay. MR. LYKOS: Well, based on our motion, we have to get the correct wording of the motion -- CHAIRMAN JOSLIN: Right. MR. LYKOS: In all this mess, I've lost my copy of it. CHAIRMAN JOSLIN: It's on a piece of paper. Anything else on the agenda as far as what's -- we have left on the agenda? No. We're done. No new business, no old business? MR. OSSORIO: Mr. Chairman, you want to send the resolution to Bob Dunn when you're done. CHAIRMAN JOSLIN: Immediately, yes. Let's hand deliver it so we can get it there and get it before the commissioners so we can get this underway. MR. WHITE: Just to mention that our next meeting is October 21 st. CHAIRMAN JOSLIN: Yes. We haven't gotten that far yet. No public hearings today? No reports? We've done them all? Next meeting is October 21 st in the Harmon Turner building again. And other than that, I need another motion. MR. WHITE: Motion to adjourn. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and second. All in favor, signify by saying aye. MR. BOYD: Aye. MR. LANTZ: Aye. Page 45 MR. LYKOS: Aye. CHAIRMAN JOSLIN: Aye. MR. HORN: Aye. MR. JERULLE: Aye. MR. WHITE: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries gentlemen. September 17, 2009 Have a good weekend, There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:21 a.m. CONTRACTOR LICENSING BOARD RICHARD JOSLIN, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. CONTRACTOR'S LICENSING MONTHLY CITATION REPORT AUGUST 2009 Contacts Citations Allen Kennette 78 7 Ian Jackson 192 16 Robin Ganguli 81 5 Karen Clements 131 14 INVESTIGATIVE RESULTS: CURRENT YEAR TO DATE Contacts Made: 482 7558 Citations Given: 42 735 Report Prepared By: Jennifer Blanco LICENSING INVESrTIGATIO M CASES CLOSED $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ IrYO . D O LICENSING INVESTIGATIONS Supervisor: n&0 CITATION.S—GY1� AMOUNT CASES LEFT OPEN 14 CASES CLOSED ZZ $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ 7p 35 LICENSING INVESTIGATIONS Supervisor: fkA • Ci i' "Mlrl A nmC' AN A "T' CITATIONS GIVEN AMOUNT $ t CASES LEFT OPEN-:. CASES CLOSED $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ q g� CASES CLOSED $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ -1 7S S 6 Report Manager Page] of 2 New Subscription 14 4 of f v, 100% a N a. selett a Nrmat Erna, CA«gov.net Report Title: Contractor's Licensing Monthly Report Dale9SU20098:04:43 AM Critena .,-H oo ffim re,,..n- 1,,,.,-, ,.r r....�.��e.:� . ,tee.. ., I-- r.-en,.., eee o,,a 1- c, a r,.ne From 101112008 To 8/31/2009 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Year To Date Count Amount Count Amount Count Amount I Count I Amount Count Amount Count Amount Count Amount Count Amoun[ Count Amount Count Amount Count Amount Count Amount o CONTRACTOR'S NEW LICENSE 38 $5040 12 $1.535 32 $3.995 45 $5,965 29 $3,9]5 29 E3,8]5 30 $4.095 28 $3,640 di 85.580 24 $3,300 2] $3,5]5 335 E44.]]5 CONTRACTOR'S RENEWAL LIC. 6I2 $56600 td6 $12, 590 200 $17,005 80 $6.690 24 b2010 15 $1,305 10 $6]0 10 $895 12 $1,065 3 $255 326 $26.920 1498 $t25.]95 CONTRACTOR'S REINS TATE LIC. 4 $520 1 $135 6 $1,H0 52 $G.895 22 $$B60 12 $1,650 4 $M155 6 $825 8 $1.095 3 $405 4 $455 124 $16605 d n CONTRACTORS CHANGE OF STATUS 26 $260 18 $t80 17 Ei]0 21 E210 10 $t00 ] b]0 ] $]0 ] E]0 13 $130 9 $90 t6 $160 f51 $1.510 CONTRACTOR'S LATE FEE 384 $399f 143 $2,640 t9] §5,]41 ]3 $2,146 24 $]20 15 $450 f0 E300 9 $2]0 12 b360 3 E90 6 $180 6I6 §16,8B8 Sub Total: t,124 $662fi 320 $t]0]0 454 ------1 2]1 $2i 906 109 $9,665 ]8 $],350 61 E5,590 $5,900 86 E8.230 42 $4,140 3]9 $31390 2.9Ba $205.3]3 m D CONTRACTOR'S EXAM FEES 54 $5,400 38 $3.800 43 $4300 44 14,400 54 $5400 59 15 100 39 53,900 48 §M1,B00 64 $6,400 d2 54.200 33 $3,300 518 $51.800 Sub Total, 50 §5,600 38 $3,800 43 54,300 44 $a d00 54 $5,400 59 E5.900 39 $3900 48 $d,800 60 $6 J00 42 $d,200 33 $3,300 518 E51,800 0 STATE CERTIFIED LICENSE FEE 323 $3,230 104 $1040 90 two BB SBBO 104 §1,040 BB $B80 84 $Bd0 ]6 E]60 ]1 5)10 ]6 E]60 80 $800 1,184 $11,840 CONTRACTOR'S LICENSE FINES 0 1 $1,500 0 2 $5500 1 $500 3 $t4500 0 0 2 Sf 000 0 0 9 $23.a00 CONTRACTOR'S COPIES 4 $110 1 $25 fi $14] 4 §100 1 $25 5 $f 50 8 $186 d $110 9 E2]9 4 5115 99 E10] 145 $1354 CONTRACTORS PICTURES 2 $4 0 0 0 0 0 0 0 0 0 0 2 $d CONTRACTOR'S LIC. MISC. 157 $210 57 $59 ]4 $128 3J $125 i6 $t19 1 $1 1 $1 5 $41 6 $110 3 E52 22 $61 381 $909 CONTRACTORS LICENSE CITATIONS 40 $13900 41 $12,950 49 $16,750 58 $17855 80 $20,975 97 $26.))5 68 $13.290 60 $15,375 69 $16,150 73 $14.675 67 $11.250 702 $179JF,5 CONTRACTOR'S REPORTS 21 $825 6 $175 9 $250 12 $335 5 $150 19 $475 11 $425 IS $4o0 11 $279 14 $3]5 12 $300 1d2 $3,989 Sub Total: 547 $18,279 210 $15749 228 $18,1T5 201 $24.795 209 $22,809 213 §42,]ul 1]B $nI742 161 $16,686 168 $18928 170 $15,977 280 $12,521 2565 $221111111 pot Grano Total: 1,725 $89.890 5" $36,619 725 $50,496 516 551,101 372 $37,874 350 $56.031 278 $24.232 269 $27,386 318 $33,556 254 $24,317 692 $4), 111 6067 $478,614 Business Maoa1emenl8 Budget Office 0 http://bccsq]0202IReports/Pages/Report.aspx?IteniPath-%2fCDES+Departmental+Reports%2fContractors+License%2fcontractor's+Licensing+Monthly+Report&SelectedTabId=ViewTab 9/2/2009 CONTRACTOR'S LICENSING MONTHLY CITATION REPORT SEPTEMBER2009 Contacts Citations Allen Kennette 84 11 Ian Jackson 176 23 Robin Ganguli 77 7 Karen Clements 0 0 INVESTIGATIVE RESULTS: CURRENT YEAR TO DATE Contacts Made: 337 7895 Citations Given: 41 776 Report Prepared By: Jennifer Blanco LICENSING INVESTIGATIONS MONTH: ���/� O Licensing Investigator: d kje,valeTTe, Supervisor: %% d SS v/1 i t2 CITATIONS GIVEN / / AMOUNT $ 3,30 CASES LEFT OPEN Z CASES CLOSED ,f 6 $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ LICENSING INVESTIGATIONS MONTH: Se. I Licensing Investigator: 4i'llatell Supuylsor: W CONTACTS MADE 11 CITATIONS GIVEN ZJ AMOUNT $ 716C, CASES LEFT OPEN 1 h CASES CLOSED $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ 31acl LICENSING INVESTIGATIONS MONTH: S0FTFt-{3Erz, Licensing Investigator: K w L-( Supervisor: e-A . (, - c CONTACTS MADE CITATIONS GIVEN AMOUNT $ j �? c_� CASES LEFT OPEN `t CASES CLOSED r 5 $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ r, , �4 f r-i. r,-n LICENSING INVESTIGATIONS MONTH:.- S f4f,e.v , aoo y Licensing Investigator: t'' arp.n (- I per �s�fs Supervisor: Mich,,el (-jssar- CONTACTS MADE CITATIONS GIVEN AMOUNT $ CASES LEFT OPEN CASES CLOSED $ TO BE RETURNED TO OWNERS/ CONTRACTORS $ (0 ,� (f, q Report Manager . New Subscription 169% so a selxl a r C11iLvyn:�.ner Report TitleContractor's Licensing Monthly Report Fmni 10110008 Tc 913012009 e 1015=098:2531 AM Page 1 of Cnlena p mOONTRACTOR'S n a m used on Nis report. Summary of CONTRACTOR'S NEW LICENSE RENEWAL US CONTRACTORS REINSTATE LTC. CONTRACTORS CHANGE OF STATUS CONTRACTORS LATE FEE Sub TAW CONTRACTOR'S E%AM FEES GmtnbClols Oct Count 3° 672 d 26 306 1,124 :A Licensing Amount $5040 $56600 540 $26° $3991 ME211 35400 Fee Codes, Nov Count 12 146 1 16 113 320 3° based on Amount $L5m $12.. 8135 $1W E264° $1],0]0 83,8°] Fee Paid Oec Counl 32 2°0 8 t] 18] 454 43 Date. Group Amount $3.995 $17,0n6 $t,tID 81]0 $5,]41 $28A21 54,3W b, Fee Codt,. Jan Lount 45 80 52 21 >3 2]t 44 Amount $5,965 $6,690 E6895 $210 ff216fi E21,Po6 84CC0 Feb Lount 29 24 22 1° 24 109 W Amounl 83 W5 82^10 52060 $iW E]20 59,fi65 $54W Mar Count 29 15 II ] 15 ]6 59 Amount 838]5 413°5 $1,550 A° E450 SZ35° 45,9°0 APr Count 30 10 4 ] 10 61 38 Amount $6,085 S6]0 5655 E]0 $3Po $3.590 83900 , Ma Lount 2B 10 6 ] 9 6° 48 Y Amount S3 B40 $695 $825 $]0 $2]0 55.9W $d,BW J`0 Lount 41 12 B 13 12 B6 fi4 Amount E556° $1.065 $1.°95 $130 E36° SB,230 $6A00 Jul Loum 24 3 3 9 3 42 42 Amaunl _ $255 $405 890 $90 54,140 34300 Aug Count 32fi Amount $26920 $ep Count 1,86] Amount $152 $23 E555 $95C 82t0 $159948 $6.2W Year To Count 33d5 Date Amount SP8,316 4 t6 fi 3]9 33 5455 $tfi° E180 $31290 $3,3W 4 95 ] 1,991 42 128 Et6960 246 693 d,n5 560 E246O 1, E36d 321 856CU0 v C Sub That. 54 85p00 38 51,803 43 $4,3CO 44 $4.4W 50 $54C0 39 $5.900 39 $3 A. 4° S800 64 $6,4°0 42 342Po n $3.300 42 8:,2Po 55° $Sfi 000 O [Gound STFTE CERTIFIED LICENSE FEE CONTRACTOR'S LICENSE FINES CONTRACTOR'S COPIES corvTRACTOR's PICTURES CONTRACTOR'S LIO. MISC CONTRACTORS LICENSE CITATIONS CONTRACTOR'S REPORTS Sub Tolal. Total: 323 0 2 t5] 4° 21 Sd] 1]25 $3.230 8110 S4 52t0 813.900 8625 $t B,z]9 889090 104 t 0 5] 41 6 210 568 81040 5t'`A3 825 $59 812950 $P5 E15,]4B 836,619 90 ° 6 c ]4 49 9 220 ]25 5908 $141 $126 816J50 8250 $18.P5 $S0A9fi 8° 2 4 0 3] 56 12 201 516 �W $S,SW $00 $125 $1I,855 $335 E24,]95 851101 1°4 1 0 - 18 80 5 209 3]2 $1060 85C0 825 8119 12°,9]5 5150 5220C9 $3],B]4 BB 3 5 0 - 1 87 19 213 350 8680 84590 8150 $1 826,]]5 84I5j278 &2.]et $56.031 84 0 8 0 1 68 $640 $iB6 81 $13.290 ��24.232 76 0 4 0 5 60 16 161 269 $]fi0 $110 $41 4153]5 84CO 816,68fi $2]386 ]i 2 B 0 fi 69 11 11,INS 310 5I1O $1403 $279 $110 416150 E2]9 816926 E33553 76 0 4 _ 0 3 ]3 14 1]0 254 $]Po $115 552 $14 fi]5 S375 E15,9P 520.39 60 0 99 0 22 6] 12 260 692 E8O3 81 C] Efi4 $11,259 $303 $12.521 SO`j 11 ]3 z 342 6 3]4 5] 'f 066 2,89] 930 S75e 83ID 8569 $t 1,310 $400 $1409] $1]Z245 1L' 11 487 $12,5]° 824.1s8 Et 6� :55 T59 156 3,429 8.6 16 08 5191255 .369 $23553] S6M 859 . tj u.19 6lanagen em & E',rdge! ` I License°/62fContractois+Licensing+Monthly+Report&SelectedTabId=ViewTab 10/5/200 http://bccsg10202/Reports/Pages/Report.aspx?ItemPath=%2fCDES+Departmental+Reports%2fContractors+ COLLIER COUNTY BUILDING REVIEW & PERMITTING _ CONTRACTOR'S LICEN_S_I_NG_ 2800 N. horseshoe Drive • Naples, Florida 34104 (239) 403 2432 • Fax (239) 403-2469 July 13, 2009 Hand Delivered Douglas E. Synowsky 1997 Clark Ct. Apt. # B Naples, FL 34112 RE: Contesting Citation. Dear Mr. Synowsky: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, October 21, 2009. The meeting is held at 9:00 a.m, at the W. Harnion Turner Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the 3" floor. If there are any questions, please call (239) 252-2431. Sincerely, J min Greeiou�b 5 Customer Service Specialist Contractors' Licensing c brS c COLLIER COUNTY No 9 2 5 COLLIER COUNTYO 4926, nl ul awn nr\nrur o nrnaIllTTatl� COLLIER COUNTA4927 BUILDING REVIEW & PERMITTING CITATION Pursuant to section 489.127. (3)(a), Florida Statues, the undersigned hereby certifies that upon personal investigation, he/she has reasonable and probable grounds to believe that the person whose name appears below, as Issued To, did violate Subsection 489 127(I), Florida Statutes, and Colliercounty Contractor's Licensing Ordinance No. 97-68 (as may be amended from time to time) by committing the violation stated below. wr Month _or SF_ Day (y-Y Ye. 4 Tiffiey qS ANVrM Issued To: 1)Cx)b -s4-S SvA 0-0 sky Address (49 L' LW R EG AeQ 13 City Q A-V c— 5 Slate F(— - zip 34 1 r Telephone No. T. 1. $ Dute o ggirth Race ex Height 384 — 113 i 1 G5 hG K3 $�3/1 _ J +yl CS' ($C) Y Vehicle Makeff a (if applicable) Year Color' Tag No. f Fo/LR 1O L7Pvn Location of VLO1411on ilro 1:6=0NC- OPTIONS 1 have been informed fthe violation of which 1 have been charged and elect the following option (Check one) 1) 0 1 choose to pay the penalties of $ 3 O'er • CES on the Citmion. 2) ❑ 1 choose not to pay the penalty and will request in writing by certified mail "hand delivery an Administrative Hearing before the Contractor's Licensing Board Description of Viohl'�t Dat Violation Observed 4 / Q ❑ el7LtCXJ—� S ) FLCC, f A) �E�J Tl tA c— a) Falsel hold seff or business organization out as a tcenae, . mate older or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a certificate or registmtion'(vhich his been suspended or revoked; f) 0 Engage in the business or act in the capacity of a contractor yr advertise set or business organization as available to eggage in the business or act in a capacity of a contract., without being duly registered or certified; g) ❑ Operme a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in ss 489.119 and 489.1195, Floridu Stalues' h) ❑ Commence or perform work for which a building permit is re/ificale t m an adapted state minimum building code, without such permit being i if ❑ Willfully or deliberately disregard or violate any Collier Counlatingto uncertified or unregistered contractors. A person or business organization operating on an inactive or suspendregistration, or operating beyond the scope of work or geographical se.I registration, is not dulyeer ified or registered. 99 SI&AAr (RECIPIENT) o oc 1f4S U PRINT RECIPIEN NAME) Pursuant to 489.127, Florida Statues, willful refusal m sign and accept this citation constitutes a misdcmcanor of the second degree, punishable as provided in section 775,082 or 775.083 Florida Stalmes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY 24925 4926_. CITATION ion 489.127. (3)(a), Ploridu S I ittues, the undersigned hereby certifies that upon ,(ligation, he/she has reasonable and probable grounds to believe that the person appears below, as Issued To, did violate Subsection 489 127(I), Florida Statutes, aunty Contractor's Licensing Ordinance No. 97-68 (as may be amended from time mmnittine the violation stated below. i i issued To: r')6t—�S T� l.. Address 9 . City S State �L' Zip 3L4 1) Telephone No. I. ':L.13 S ate o uth Race cz Hfight r 30S Ls1 � hicle MalI Tag No. , P--1xi � a Location of Violation ADUE(—r(-tSIti1G 2a6Frr.TG OPTIONS 1 have been informed of the violation of which I have been charged and elect the following option (Check one) 1) 0 1 choose to pay the penalties of $ �� on the Citation. 2) ❑ 1 choose not to pay the penalty and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description o[ff��Violation`C, _r. n )ate Violation Observed � `1C1` O a) ❑(41 hold ae f d business organization olTl'as a be' �'Se�cer� t ole h7Btler or G registrant; b) Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another; ch ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a certificate or registration which has-been suspended or revoked; f) 0 Engage in the business or act in the capacity of a contractor or advertise sal or business organization as available to engage in the business or act i a capocity ofa contractor without being duly registered or certified; j g) ❑ Operate a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another priafary qualifying agent, except as provided in ss 489,119 and 489.1195, Florida Statues; h) ❑ Commence or perform work for which a building permit is required pursue to an adopted state minimum building code, without such permit being in effect, or i) ❑ Willfully or deliberately disregard or violate any Collier County ordina a relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended c ificate or registration, or operating beyond the scope of work or geographical stop of the registration, is not duly certified or registered. qNAINA I E(RCIPIGNT) NVES CA OR) PRINT RECII El ME) PRINT (INVESTIGATOR'S NAME) Pursuant to 489-127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) r Co vvvp c"a ha,�J,vv/,ss//yam 'SL �1's "ems of ch / F �2j. o`ry e�8�0%�eo0 'I-o 4 9 2 5 dies Tee COLLIER COUNTY ' ,c✓ /B y9 ;o�n'es3UILDING REVIEW & PERMITTING tG so Fri, CITATION 110 �(C`� ��LT of ��oy vse .on 189,127. (3)(a), Flordo SIalues, the undersigned hereby certifies that upon (/ OZ�S (/� FQ/ ?' der, w.%ab/e `6y lguhon, he/she has reasonable and probable grounds to believe that the person �Ct7 rP F ti 710 'fe6 s ro //j Ppems below, as Issued 7b, did violate Subsection 489 127(q, Plorida Statures, tl>/ apt QI, i/s )only Conlrucmr's Licensing Ordinanre No. 97-68(us may be amended from lire, �0, N� �+� A� O 0°./Od f1°a oz�, pmmLLong the violation stated below. /yp S 0 P7sP �TFS' �Oc?�O�'Sy e�J/ho%?°`ei�ri AlE Day ,�'1yeaY 1 Tf nn�tlon �`s PT TFO pp %a;�yo°� s ^,1 .t tiC �`O�Pd G��9 cyF .To: CiJY o •r.�4C �yn:6ulCu Toti qq C w u r A— t?'�aea,�o�, ,8`So 00 S' R rO^ wii, . 0.0 0O i yeas _ R T- A 1 is y d.!AT State FL' Zip'34( 13, Uj // �s t-(=7-3 ::f- OPTIONS is I have been informed of the violation of which 1 have been charged and elect the following option (Check one) 1) m I choose to pay the penalties of $ on the Cimlion. 2) ❑ I choose not to pay the penalty and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Descriptign o Vichnr_ 'uy , $ {n) P D e rot Lion Observed �y'� a) ❑ Falsely hnld self or busir'fess orgahriza it t�4mens �n h ale fi J o� C� registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a rertificale or registration which has been suspended or revoked; f) 0 Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act m a capacity of a contractor without being duly registered or certified; g) ❑ Opemle a business organization engaged in contracting after (60) days following the let ouralion of its only qualifying agent without designating another primary qualifying ugem, except as provided in ss 489.119 and 489.1195, Florida Stalues; h) ❑ Commence or perform work for which a building permit is squired pursuant t an adopted stale minimum building code, without such per it being in effect, or i) ❑ Wdlfully ordelibermely disregard or violate any Collier County crdinnnc elalingto uncertified or unregistered contractors, r A person or business organization operating on an inactive or suspended cetli me or registration, or operating beyond the scope of work or geographical scope o he registration, is not duly certified or registered. I ECIPIENT) PRINT RECIPIENT'S AME Pursuant to 489.127, Plorida SluLLtet, willful sfusal In sign and accept Ihi,s citation constitutes a misdemeanor of the second degree, putiishable as provided in section 775.092 or 775,083 Florida Stalulee. (SEE REVERSE FOR INSTRUCTIONS) 11% Off .. , with this card Doug Synowski Drrr�ii,ily� d� H1�NDYM�iN Call Today 239.384.1731 SERVING NAPEES & SURROUNDING AREAS idec a1dearc Media LLC 1 Return Service Re 2200 West Airfield Dr., TX29 Class P. O. Box 619810 CbiOTltl+ 1 d . voa OZ POSIA C PRl� F D/FW Airport, TX 75261 702693982 Warth 1r34112 T xa. ft Inll11in11111111 lInLIIL 1,II111111LIL it. fill, ,lllnIt jugI020 Doug Synowski Detailing & Handyman 1997 Clark Ct Naples, FL 34112-0616 ide�rc Return - Service CACquestea dears !Media LLC First class 2200 V"Jest Airfield Dr., TXZ9 L� MDTNL 1 0 . 6(}0 OZ PNESO u.s. PO Pasiitn[ Pam P. O. Box 619810 rurc worth IN D/FW Airport, TX 75261 34.112 742693074 PCRMI1 NU, ti Iu IIu Iu Ins imilu diiii III If M IIIIIIuiI It III IIIIIII II JUL 10MO :- Doug Synowski Detailing & Handyman 1997 Clark Ct Naples, FL 34112-0616 l� \ ide�rc "" Idearc Media LLC 2200 West Airfield Dr., TX29 P. O. Box 6198 X 75261 D/FW Airport, Return Service Re "irstrri first Class. rrsFsmar FMDTRF 1 0.635 oz i"nru Fort North 7"x 34112 702713444 I1.111J111111II11fill, 1,1111111161111IL if[fil,Jr;'111...I Doug Synowski Detailing & Handyman 1997 Clark Ct Naples, FL 34112-0616 June 24, 2009 Doug Synowski Doug Synowski Detailing & Handyman 1997 Clark Court #B Naples, FL. 34112 Dear Sir Please accept this letter as notification that Doug Synowski has cancelled any and all advertising with our company and did so on June 1. 2009. He did not receive a proof of his advertising before then as there was a delay caused by the postal service. Doug has expressed his extreme disappointment in not getting a proof earlier and has subsequently cancelled all of these ads. Sincerely, Kenneth Todd Boston SN:tn Idea n: Media Curp. 5601 Exrouilve Dnve rvuig, TX_ T 972 513 8142 F 866 804 3005 ..W'Idea6. Co. Licensing Board of Collier County ATTN: Contractors Licensing 2800 N. Horseshoe Drive. Naples, FL 34104 RE: Request of Contractors License / Paving Unlimited To Whom It May Concern: I have recently applied for a Contractors License in Collier County, FL. I've taken the Contractors Exam and passed, but was denied my license due to my personal financial status. I, as well as numerous other Florida families are going through tough economic times. I am no exception to these tough times and have been hurt financially, yet I have been working hard and making every effort to clear up my debts. Prior to moving to Florida, I was living in North Carolina. There I worked for Fruehauf Corporation, after a couple of years they closed the plant. I then worked for Colorcraft in Charlotte, which after a few years, they closed their doors with out warning. When things like this happen its hard to stay afloat. I then moved my family to Bonita Springs where my brother was working. He offered me a job working for them running a pavement maintenance crew, which I've been doing now for 6 years. My brothers brother in law who is the owner of the business we work for offered us the opportunity to purchase the maintenance division of the company and would owner finance us. This is a great opportunity for me, with this I feel I can finally provide a better life for my family and I along with creating a few new jobs and generating revenue for our community. Being in the business already we have a nice clientele of customers which will let us hit the ground running. We are very good at what we do. I love living in this area and really want to stay here. I feel very confident that I can make this a very successful business and all I need is for you to give me the chance. You are holding my future in your hands, all I can ask is to please let me have this opportunity to make it happen. Thank you again for your time and consideration in this matter. Sincerely, Michael R. Bain 11590 Bonita Beach Rd. Bonita Springs, FL 34135 Co*,r County BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION COLLIER COUNTY/CITY OF NAPLESICITY OF MARCO Contractors' Licensing Board Community Development & Environmental PIC ,H Services Division 2800 N. Horseshoe Drive Naples, FL 34104 PH( Telephone: (239) 252-2431 V Fax: (239) 252-2469 A CLI q SS. Instructions: This application must e typewritten or legible printed. The app 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 County Commissioners". For further information, consult Collier County Ordinance No. 2006-46, as amended. 1. Name of Firm 'BA ) tit 3CAZ C_0A-'r I NG D/B/A (if applicabl 2. 104(o 1 5 Business Address (Number & Street) 3. _ SA ME ousiness iviauing Haaress xoirA JPRv,rs, FL jyl3 City State Zip ( City State Zip Code 4. Business Phone Number: 239 G1-11-1437- Mobile Phone Number: Z39-Z89- 7719 5. Fax Number: 2.39- 94q- p•} O3 Federal Emp. ID#:_ 80- cgoc/&p,s� 6. Legal form of Business: Corporation: ✓ LLC: 7. Name of the Firm's Qualifying 8. INDICATE NATURE OF REQUEST ( ) General $150.00 ( ) Building $150.00 ( ) Residential $150.00 ( ) Mechanical $150.00 ( ) Swimming Pool $150.00 B Change of Status: $10.00 Active License to Dormant Dormant License to Active Address Change Reinstatement M ICHAEL (License Hold -(A) To Qualify as a: ( ) Electrician ( ) Plumber ( ) Air Conditioning ( ) Roofing ( /) Specialty W $150.00 $150.00 $150.00 $150.00 $135.00 'PAy I PJ (a UN (IM t T'E p (Specialty trade type) ( ) From Individual to Qualifying a Business ( ) From Qualifying a Business to Individual ( ) To Qualify Additional Entity ( ) From One Business to Another Page 1 of 5 9. The names, titles, home address and phone numbers of all Officers/Managing Members of the Firm. EVbENE T- 8A f N — � Y&5 1Vi1 C1AEL R. BAr N I oc•1 I U ST• 'rJ' 9 0 BOn I rA ?"di &nlrA 5,otcrn FL 34134 BonrrA So¢w�s, Ft 3`F13S 10. List all businesses, firms, entities or contracting businesses you have been associated with during the last ten years (ex. Held a license for or been a partner). Attach extra pages if needed. 11. List all debts you or any company(s) associated with you refused to pay and the reasons for the refusal to pay. Attach extra pages if needed. IJ M AFFIDAVIT I, M icl Are l l 6� certify that the foregoin is true nd correct to the best of my knowledge. Authorized Officer of the Firm STATE OF FLORIDA COUNTY OF LP.r_ The foregoing instrument as as acknowledged before me this 1 5I a ( / oGl_ By �1�C;haP.l f�. 1� v �'1 of l�G'vl Q� � (Date) �— JQQ, 94- w1c. a (Name of officer, title/agent) (Name of Corporation) Corporation, on behalf of the corporation. He/She (State or Place of Corporation) 2 has produced �( (��'55�0 '� J �as identification and did not take an oath. :AiM° s. El11ABET"A006SELIN +_ .:-__ MYC)MMISSIDNYDD 838358 °;a•, EXPIRES: D6cember 9, 312 W 'fit"�' - FWndeil ThWNelel�• PdbRsUMa�w�lern NOTARY'S SEAL SIGNATURE OF NOTARY-- l�u�e 67ossel,r) NOTARY PUBLIC (PRINT NAME OF NOTARY) Page 2 of 5 APPLICATION COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM - PART I I Contractors' Licensing Board Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 252-2431 Fax: (239)252-2569 1. Name of Qualifying Agent 3A 1 N M I CIA E L (Last) (First) (Mi Date of Birth 10 114 1 c. 3 S.S. # 2. Home Address of the Qualifying Agent //$ j0 /30/1r TA BFAcI. !�p �7 rTA SPavf�r FL 3'+13S Home Phone # 2-39- ` 1al •794 % 3. Name of the Firm Z-19% 1 r4 `J E-A LCOA-1' ..1_ nl < . 4. Type of Certificate of Competency for which application is made. TA"j I nl L-Y UN L. I M I TE V 5. The names and telephone numbers of two persons who will know your whereabouts. Ey 6 CA J E 3- 13A % N — 2-39 - (o`t 1- In `i 2 (o MIG.HAEL. E. 13A%tQ — 239- 6. Have you ever been convicted of a crime related to Contracting? N D (If yes attach extra sheet with explanation) 7. Have you or any firms you have been associated with ever filed bankruptcy? NO 8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why. 9. List your business or work experience during the past ten years. 'PAv,n6. /SEA'C014-TrNb 2OCG i�esev-r 7rIAT" 1998-ZOOZ. 10. Statement of any formal training you have had in the area for which the application is made. Page 3 of 5 AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance No. 2006-46, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he 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 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. M I CMG-(. 7. 3Arr4 APPLICANT (PLEASE PRINT) BA I W 5EALCAA-T NAME OF COMPANY kngl ' SIGNATURE Or APPLICANT STATE OF FLORIDA COUNTY OF Lee — The foregoing instrument as acknowledged before me this 51 a l l O-Dn'� M/� 2 (Date) (Name of person acknowledging) (Type of identification) as identification and did not take an oath. S GNATURE OF NOTARY 0 2libC1% /'� 6055G l ie7 NOTARY PUBLIC NOTARY'S SEAL (PRINT NAME OF NOTARY) ELZABETH A OOSaE" lJR -'+4 �'`- MY COMMISSION k DD 836356 �'� �' EXPIRES: pecember 9, 2012 Buidetl TMU NdaO'P�UnAem'Men Page 4 of 5 STAFF USE ONLY Trade: �a.() i h o C +�+.,�rcte> j)Score: o2 . Q 41 Take on Given in� 2=.o„�, ,sponsored by Business & Law Score: � 0 , Q Taken on Given in sponsored by Page 5 of 5 AFFIDAVIT It is understood and acknowledged by the Collier County Contractors' Licensing Board and myself that if I fail to acquire, or maintain at all times effective Workmen's Compensation Insurance it will result in the possible revocation of my Certificate of Competency. SIGNATURE OF APPLICANT pq rN SEAICOAFT TNC . BUSINESS NAME DATE -a abog BEFORE ME this day personally appeared I' I ithC%A fk • �&Vf1 who affirms and says that he has less than one employee and does not require Workmen's Compensation and understands that at any time he employs one or more persons he must obtain said Workmen's Compensation Insurance. STATE OF FLORIDA COUNTY OF bee. The foregoing instrument was acknowledged before me this S lat %a-"/ (Date) (name of person acknowledging) (Type of identification) as identification and who did not take an oath. NOTARY SEAL its EtiiABE1NA�N COMAASSION �t W 836358 ..... EWThS Pu011cPu0110 Und��+�'2 �� SIGNAT E OF NOTAR NOTARY PUBLIC HVERIFICATION OF CONSTRUCTION EXPERIENCEM Collier County Contractor Licensing C/O Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 403-2431, (239) 403-2432 or (239) 213-2909 Applicant's Name:_AI E- Certificate Category Requested: ��VfNfb iJidtr4r iT'CO 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 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 and license number of the person signing below and verifying Applicants relevant experience: Name: TahN 6ire&rrh Title: T?,XE'S 1'p �/N T License Number (if applicable): I Z 2 71 1' / Z Z7Z Name of Business:GiC l%% / (� �.w�/iN� .Sive Business Address: GG(V st oT-'i 1giaJ40 Business Phone: ?39. 9'%7. O'�00 The Applicant's years of experience from 2-003 to i/etc-ar- The applicant's scope of work (specific duties) included: of p!049eT SS'rb41Co4%'i.A%dT� Additional Comments: Falsifying any information provided herein may subject your license to Signature y' Printed Name:` State of Florida County of entlier Lam. ( 1 �dJ_� The fore oing instrument was acknowledged before me on this �g day of Junes by ��hn 0. ff _ who is personally known to me or produced as identification and who did not take an oath. EUZABM A pp89EUN MYCOMMISStoNCDII878356 S nature of PIES:d tefuiderx OW' []VERIFICATION OF CONSTRUCTION EXPERIENCE Collier County Contractor Licensing C/O Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 403-2431, (239) 403-2432 or (239) 213-2909 Applicant's Name: M 1 CkA Et. -t , 1 qA Certificate Category Requested: �v.1 A it _ VA1 L I M I T E D 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 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 and license number of the person signing below and verifying Applicants relevant experience: Name: A/" SPrL' tea Title:_ F,1.ri n, e. rc s License Number (if applicable):__ Name of Business:_ Gf t A/-(i 4 7- v, i- c, Business Address:(t)�(F/ _fhr,l4lrt c( l�; ��tx2-;re- f� i Jr 3`i12'i'— Business Phone:0<,�c2o The Applicant's years of experience from ZC^C l to /?ltJec i" The applicant's scope of work (specific duties) included: /7il�ye Zi Lc3 y jY a ltrr1, } r Additional Comments: Falsifying any information provided herein may subject your license to revoc Sigfiau — — Printed Name:,-C'�...�'U•� State of Florida County of C-eider Lep S The fw o�ef o�mg��instrument as acknowledged before me on this T- _ day of by �JIAA A IC.J_. _ who is personally known to we or produced X Syk- as identification and who did not take an oath. 1� _ EIJZABE7tt 0. (1p5SElIN MY CDMMISSIONAD0&%W Signature of Notary EXPIRES Decertoer B, 2012 awded Tbw Notary Pow Und"lleis VERIFICATION OF CONSTRUCTION EXPERIETS Collier County Contractor Licensing C/O Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 403.2431, (239) 403-2432 or (239) 213-2909 Applicant's Name: M 1ClA4EL 'R '&.. , Certificate Category Requested: �AViAir VULIM1TEa 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 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 andlicensenumber /of the person signing below and verifying Applicants relevant experience Name: ✓ ,./�� /v/ . �P/ .! lTf _✓ Title: SLLPe-e i N re, e_aIr /License Number (if applicable): Name of Business: 6K, ffI C'GF-u i k al �/ ((/1 u Business Address: / p "�G Business Phone: / g G �GC� The Applicant's years of experience from�to P2'Sc� CL4<_. The applicant's scope of work (specific duties) included:_ Gi,,Spk�_ (' pct",y., Additional Conunents: Falsifying any information provided herein may subject your license t vocal Sig , ure-- ---- Printed Name:Odd A4 - State of Florida County of 6ellfer Liell-9 The fo oing instrument was acknowledged before the on this -- day of _ , by _. a(� �.�_� who is personally known to me or produced as identification and who did not take an oath. — TM A. ppSS MYy MCOMMIMMISSIONNDD W 9383% SI of otary E%PIRM Decembor 9, 2012 �....fi.f" BO ded ThmNWMy PuONG nnMn/rlluro JIVERIFICATION OF CONSTRUCTION EXPERIENCEEM Collier County Contractor Licensing C/O Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 403-2431, (239) 403-2432 or (239) 213-2909 Applicant's Name: dlAEC. _ A,, Certificate Category Requested:__ AV 1 Mle uo L t M I T Q 1' 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 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 and license number of the person signing below and verifying Applicants relevant experience: Name: e V C--CA1E Title:T ES\OE•yT License Number (if Name of Business: ZA%N SEgt.COAT iNC . Business Address: 104 (o 1 5cwi-6 t Am o iL 2 Business Phone: Z39 - 441 /43 Z The Applicant's years of experience from Zoo 3 to TieSP/1T The applicant's scope of work (specific duties) included: A! �iIkAVC 2E�✓A�2S� 5EA) Lonr-xu zye %,o 1/7(r, cre-cv LEAOE.2 Additional Comments: Falsifying any information provided herein may subject your license to Signature O Printed Name: EU E IT - State of Florida County of G"4ier L!i'_1e— The foreg �oing instrument was acknowledged before me on this 801 day of by _ R.l� Etf b Q j Cj n who is personally known to me or produce--N A identification and who did not take an oath. Signature of Notary ,., EUZABEIH ISSA(1OSSEUN5 $ri r MY COMMISSION ADD 035359 EXPIRES: Oecwbel 9, 2012 � ,., . Dolled Thm Nelary Public Underunlers AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I EUbCNE S tSq 1 tJ , am a resident of CO lI %6A. County, r"L0a %a^ (State) and have resided here for more than five (5) years. During the last five years I have known M 1 C kAE 1 0. 'BA 1 N (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) /5 (Name) nJ (Address)10 9 / o r Si. �l TA _e/eon , FL 3gi31 (Telephone) STATE OF FLORIDA COUNTY OF Lee - The foregoing instrument was acknowledged before me this 5)c91 1,�2 G by \ (Date) 1 Yr�'lJ _who has produced F[� !�[,q)' (name of person acknowledging) (Type of identification) as identification and who did not take an oath. SIGNAT RE OF NOTARY 611azb61-? / / Gaswj,`!-) (PRINT NAME OF NOTARY) NOTARY PUBLIC NOTARY'S SEAL Et17ABEM ""• MY COMAN5910t1 t.DD B38356 EXPIRES. paegnber 9, 2012 M� 6ontleATWU Nday PUbk UnAerwAe�e AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, 70 ✓►i O S % G &A , am a resident of L &-e County, FL 041 ,6A (State) and have resided here for more than five (5) years. During the last five years I have known M IC1 r�` /Z Rej IV (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) L� (Name) C. -T (Address) % j!��{ S Pr)U/ y f)(/rf 6C41, /rl (Telephone).2,- q (,01t t— tl S' STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this,5/a24I0X09 by G �,� (Dat CYYI ��iii who has produced �� l7 i t (name of person acknowledging) (Type of identification) as identification and who did not, take an oath. Eu�eETMA°assEUN SIGNATi RE OF NOTAR S: ;d MY COMM1gSKKVNDD 836356 EXPIRES: December 0, 2012 /�!�" [iaftl 7Ne NoWy PWk Urdmmem _ V b&M (PRINT NAME OF NOTARY) NOTARY PUBLIC NOTARY'S SEAL www.sunbiz.org - Department of State �: 1 YY'T4T4�►K<9YP�R -aOD Yl':'Y:"Y Wr"'!"'NfF"'1:"r^'CT1'YMN1FlY Jp..9YW NP.Y IIHAAraY XA rry9iY 9 ilY `Y A.9,A1 S�1W:RRR Previous on List Next on List Return To List No Events No Name History lirrii ct Profitl 1?i'lri;lktli ii BAIN SE1AL[COAT, INyC. 1 liit'1 t� itl f�. ril lel ti tr_'i.�� Document Number P09000040598 FEI/EIN Number NONE Date Filed 05/062009 State FL Status ACTIVE Effective Date 05/012009 ruit.;ipal Addre ,; 10461 SOUTHLAND DRIVE BONITA SPRINGS FL 34135 :li l F 9c;re:r3 10461 SOUTHLAND DRIVE BONITA SPRINGS FL 34135 N, dr s -, 'ac r ., t.. A 7h ,,.y, ,Aare ;_ _Ci ttt _ zs WOOD, DOUGLAS A 1100 FIFTH AVENUE SOUTH SUITE 101 NAPLES FL 34102 'isCisi3Saf;iG'r i Name & Address Title PSTD BAIN, EUGENE 109 1ST STREET BONITA SPRINGS FL 34134 No Annual Reports Filed 'fir':: tl C$ick7 i Sil iC-7 3t>:S View image in PDF format Note: This is not official record. See documents if question or conflict.'. Previous on List Next on List Return To List Page I of 2 7.7 Entity Name Search Submit Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq__doc numbet--P0900004059... 6/1/2009 www.sunbiz.org - Department of State Page 2 of 2 No Events No Name History Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc_number—P0900004059... 6/1/2009 L 002517 IRS DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE OGDEN UT 84201-0023 002517.563922.0009.001 2 MB 0.507 1020 �n��llh�Ih�IIIIII�II��L�I��lyi�hIIIIIJIII�u'��u�l"'Il'� BAIN SEALCOAT INC % EUGENE J BAIN 10461 SOUTHLAND DR BONITA SPRINGS FL 34135 Date of this notice: 05-15-2009 Employer Identification Number: 80-0404654 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 OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned YOU EIN 80-0404654. 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 941 Form 1120 Form 940 07/31/2009 03/15/2010 01/31/2010 If you have questions about the form(s) or the due dates(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. ' m K761 a �� p SECRETARY TREASURER !'•�� J . ,� F RESOLUTION OF AUTHORIZATON WHEREAS I�AtN SFALCAgT MOC, proposes to (Name of Business Entity) engage in contracting as CC400ttAil o tJ in (Type of legal entity: corp., partnership, etc. Collier County, Florida, according to Collier County Ordinance 2006-46, as amended; and WHEREAS 6A%N TwC. proposes to (Name of Business Entity) qualify for a Certificate of Competency with /r(_ I CHACL AA j N (Name of Individual) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: We the undersigned 0 Tr1 C. 5 of iNA�C (Officers, Owners, Partners) OXT ZMC J hereby resolve and represent to the Collier County (Name of Business Entity) Contractors' Licensing Board that the qualifying agent, M I C"E l Q, 131A.tit , is active (Name of Individual) in all matters connected with the contracting business of �°I1N SEA�CoA•C Swl C. and (Name of Business Entity) We further resolve and represent that M IC hAE L R. 8A t n1 is (Names of Individual) legally empowered to act for :LAW SFA�COAR :r#JC _ in all matters connected with its (Name of Business Entity) contracting business, and has the authority to supervise construction undertaken by A.SEAL OAT lNC (Name of Business Entity) DULY PASSED AND ADOPTED THIS as day of � , _�q (Officers, Partners, Owners — with llesi nation undern/e�ath) Corporate Seal (if Applicable) Or Notary Public Certificate Sworn to and subscribed before me this(ay of , Eby Notary Public Name P1inted a Public Signature Commission Number My Commission expires: EIILIBM AOOSSELIN =�> r My COMMISSION ✓f pO 83635e EXPIRES: pecernber S,2012 flf h aaMed Thry Ndary PANIC undmol" t1 /n Balance #- Btdkfing Your Business a Better Bottom ,Line Recognized Qn& BReporting Aaeucv 12268 Tamiami Trail E - Suite 301 •'Maples, FL 34113-239-774-5I00 The information you requested is provided below. The information provided was gathered by third party sources not affiliated with In Balance, Inc. The iidomati m provided has not been revawe&veri£¢d by In BaLmce, hoc., ad therefore respoost'bWty for its accuracy, completeness, and the manner m wbwh it was gaV"W tests ultimately with the third party sources wtwidmanding In Balance, luc.'s exercise of reasoamble c&M in selecting said third party sources_ Personal Credit Report Summary All information contained below is ar ewme and true as of the indicated search date Name of Individual: Michael R Bain Social Security Number: Credit Score: 565 Search Date: May 19, 2009 Searches Requested: Liens, Judgments and Bankruptcies A search of local, state, and federal databases on the above individual generated the following results: LOCATION DATE AMOUNT ALL SEARCHES FOR LIENS, JUDGMENTS AND BANKRUPTCIES PROVED NEGATIVE -tI /n Balance i 12268 Tamiami Frail E • Suite 301 • Naples, laL, 34113 •239-774-5100 PAGE 1 DATE 5-19-2009 TIME 13:49:09 V501 TFLT MIC14ARL R BAIN *11538 SAUNDERS AVE BONITA SPRINGS FL 341355943 RPTD: 12 03 TO 6-06 U GX LAST SUB: 1232920 *109 1ST ST BONITA SPRINGS FL 341347320 RPTD: 9-03 U *12715 104 PINE ACRE PI14EVILLE NC 28134 RPTD: 2-02 TO 10-02 U *BAIN MICHAEL, MIKE BAIN SS: 291-74-1616 DOB: 10/14/63 ---------------- ------ CREDIT REPORT SUMMARY E: GRIFFITH PAving RPTD: 10-05 TO 11-05 U ----------------- CNT 25/04/11/99 PUBLIC RECORDS ------- 0 PAST DUE AMT--- $14,352 INQUIRIES --- 2 SATIS ACCTS --- 9 INST/OT3 SAL --- $14,712 SCH/EST PAY -------- $62+ INQS/6 MO --- O NOW D£L/DRG--12 R ESTATE BAL------- N/A R ESTATE PAY ------- N/A TRADELINE--24 WAS DEL/DRG --- 3 TOT REV SAL ----- $1,122 TOT REV AVAIL ------- 6% PAID ACCT --- 8 OLD TRADE--3-96 ----------------------------- SCORE SUMMARY ------------------------------- EXP/FAIR ISAAC RISK SCORE 2 = 565 SCORE FACTORS: 38, 10, 20, 18 --------------------------- TRADES -----------------------_----------- SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *CITI/SHELL 6-01 $420-1, $713-C CHARGOFF COLLACCT 1232920 BC CRC REV 1 6-08-06 3-04 (56) L 531201 8-03 3-04/1, ** PURCHASED BY ANOTHER LENDER ** *BP/CBSD 5-01 $520-L $797-C CBARGOFF COLLACCT 1232890 BC CRC REV 1 6-03-06 3-04 (62) L 589073 8-03 3-04/L ** PURCHASED BY ANOTHER LENDER ** *CAPITAL, ONE AUTO FINAN 9-05 $13,966-0 $241-C CHARGOFF 30 DAY DEL 1638640 FA AUT 60 1 4-30-09 4241 4-08 (44) LLLLLLLLLLLLL 3-08 --1CCCCCCCCC +++++ MORE BCLG DTS 1019899 BAIN,MICHAEL 291741616;CA-11590 BONITA BEACH RD/34135; -# In Balance 1� 12268 Tamiami Trail E • Suite 301 • Naples, FL 34113 •239-774-5100 PAGE 2 DATE 5-19-2009 TIME 13:49:09 V501 TFLT SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM EGOA BALDATE BALANCE PYMT LEVEL NOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *CAVALRY PORTFOLIO SERV 5-06 S714-O COLLACCT 8996284 YC COL 1 1 5-04-09 $827 7-06 (35) GGGG-GGGGGGGG 10241731 $817 4-07/G GG-GGGGG-GGG ORIGINAL CREDITOR: TEXACO *LHR INC 11-05 $489-o COLLACCT 1982452 YC FCO 1 1 5-03-09 $723 12-06 (30) GGGGGGGG-GGGG 907053 $604 4-07/G GGGGGGGGG-G- ORIGINAL CREDITOR: CIT15ANK *CAVALRY PORTFOLIO SERV 5-06 $797-0 COLLACCT 8996284 YC COL 1 1 5-03-09 $912 7-06 (35) GGGG-GGGGGGGG 10176035 $912 4-07/G GGG-GGGG-GGG ORIGINAL CREDITORO BRITISH PETROLEUM *PORTFOLIO RECVRY&AFFIL 10-07 $1,502-o COLLACCT 1980435 YC FCO 1 1 4-24-09 $1,582 12-07 (17) GGGGGGGGGGGGG 4388642054110039 $1,502 GGGG ORIGINAL CREDITOR: CAPITAL ONE BANK *LVNV FUNDING LLC 7-04 $5,799-0 COLLACCT 1623040 FU FCO 1 1 4-15-09 $9,151 7-04 (58) GGGGGGGGGGGGG 4031141200886619 $9,151 3-07/G GGGG-GGGGGGG ORIGINAL CREDITOR: PROVIDIAN *NCO FIN/09 11-07 $77-o COLLACCT 1987019 YC COL 1 1 4-13-09 $77 2-08 (15) GGGGGGGGGGGGG 18433812 $77 GG ORIGINAL CREDITOR: TIME WARNER CABLE OF CHARLOT *GENESIS FINANCIAL SOLU 10-08 $395-0 COLLACCT 1983593 YC FCO 1 1 12-04-08 $598 12-08 ( 1) G 9742729 $598 ORIGINAL CREDITOR: CITIBANK-CITGO *AFNI, INC. 11-07 $99-0 COLLACCT 2961546 YC FCO 1 1 12-23-07 $99 12-07 ( 1) G 2024746126 $99 ORIGINAL CREDITOR: EMBARQ t++++ MORE BCLG DTS 1019899 BAIN,MICHAEL 291741616;CA-11590 BONITA BEACH RD/34135; -Or /n Balance tl' 12268 Tamiami Trail E • Suite 301 • Naples, FL 34113 -239-774-5100 RAGE 3 DATE 5-19-2009 TIME 13:49:09 V501 TFLT SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL, MOS REV PYMT HISTORY ACCOUNT # LAST FD MONTH PAY PAST DUE MAXIMUM BY MONTH *AFNI, INC. 10-05 $512-0 COLLACCT 2981546 YC FCO 1 1 8-14-06 $512 12-05 ( 9) G------- G 2009760778 $512 ORIGINAL CREDITOR: CINGULAR *CITIFINANCIAL 6-01 $1,894.0 REFINANC CURR ACCT 1597627 FP UNS 24 1 11-30-01 11-01 6) BCCCCC ** ACCOUNT CLOSED DUE TO REFINANCE ** *CAP ONE 10-01 $300-L $789-C TRANSFER CHARGOFF 1270246 BC CRC REV 1 10-07-07 10-07 (73) BLLL-LLLLLLLL 7-03 9-05/L LLLLLLLL-LLL ** PURCHASED BY ANOTHER LENDER ** *CHASE 10-99 $4,515-1, $5,798-C TRANSFER CHARGOFF 3182310 BC CRC REV 1 7-29-04 7-04 (53) BL6-54321CCCC CCCCCCCCCCCC ** PURCHASED BY ANOTHER LENDER *KEYBANK FOR CAP ONE 3-01 $14,005-0 TRANSFER CUR WAS30-6+ 4124450 BB RUT 60 1 6-30-05 6-05 (52) BC ---- CC11111 1594229 6-0S 5-03/1 111111111111 SOLD TO: CAPITAL ONE AUTO FINANCE ** PURCHASED BY ANOTHER LENDER ** CAPITAL ONE AUTO FINAN 3-01 $14,D05-0 PAiD CURR ACCT 1638640 FA AUT 60 1 9-30-05 9-05 3) BCC 62062100001511001 8 05 CITIFINANCIAL 11-01 $1,920-o PAID CURR ACCT 1597627 FP UNS 24 1 7-31-04 7-04 (33) BCCCCCCCCCCCC CCCCCCC-CCCC CITIFINANCIAL 12-98 $1,988-0 PAID CURR ACCT 1597627 FP UNS 36 1 6-30-01 6-01 (31) BCCCCCCCCCCCC 6073372848117812 CCCCCCCCCCCC +++++ MORE BCLG DTS 1019899 BAIN,MZCHAEL 291741616;CA-11590 BONITA BEACH RD/34135; -# /n Balance - 12268 Tamiami Trail E • Suite 301 - Naples, FL 34113 •239-774-5100 PAGE 4 DATE 5-19-2009 TIME 13:49:09 V501 TFLT SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH KEYBANK NA 3-96 $19,490-0 PAID CURR ACCT 2,601350 FA AUT 60 2 3-31-01 3-01 (48) B-CCCCCCCCCCC 585920 CCCCCCCCCCCC GEMBPPBYCR 4-07 $100-L $222-H OPEN CURR ACCT 1241170 DV CRC REV 1 5-15--09 $82 5-09 (26) CCCCCCCCCCCCC 5-09 $10 CCCCCCCCCCCO FIRST PREMIER BANK 6-01 $300-L $435-14 OPEN CURR ACCT 1210189 BC CRC REV 1 5-04-09 $263 5-09 (95) CCCCCCCCCCCcc 517800702293 4-09 $20 CCCCCCCCCCCC HSBC BANK 4-07 $300-L $366-H OPEN CURR ACCT 3200714 BC CRC REV 1 4-30-09 $290 4-09 (24) CCCCCCCCCCCCC 3-09 $15 CCCC,CCCCCCC HSBC BANK 11-05 $500-L $541-H OPEN CURR ACCT 3200714 BC CRC REV 1 4-30-09 $479 4-09 (42) CCCCCCCCCCCCC 4-09 $17 CCCCCCCCCCCC --------------------------------- INQUIRIES -------_ NOWCOM/ACTION MOTORS 6-21-08 8967647 Au AUT HSBC AUTO 10-31-07 2996758 FA ClionHtr 859A9 GAlec ACORD,e CERTIFICATE OF LIABILITY INSURANCE 810Y2OpgmYn PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. 4100 Goodlette Road North ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 2613646 INSURERS AFFORDING COVERAGE NAIC # INSURED Bain Sealcoat, Inc. 10461 Southland Drive Bonita Springs, FL 34135 INSURERA: Amerisure Insurance Company —• INSURER B. INSURER C: --- INSURER D: _ INSURER E. I�i�1T1y-rTN 1i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE POLICY NUMBER POUCYEFI'ECTIVE mMoptyn POLICYDATE DATE EXPIRA ON LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL IJABILITY CLAIMS MADE Fx� OCCUR GL2061896 05/22/09 05122110 EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED $300OQO MED EXP (Anyone person) $10-0001 PERSONAL B ADV INJURY $1 000000 GENERA -AGGREGATE $2 QQQ 000 GENT. AGGREGATE LIMIT APPLIES PER: POLICY PEr LOC PRODUCTS - COMPIOP AGG $Z 000 000 A AUTOMOBILEUABLRY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CA2061895 05/22109 05/22/10 COMBINED SINGLE LIMIT (Eaa ent) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Perawitlenp $ X PROPERTY DAMAGE (Pera¢IdeM) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ EXCESWUMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKER8 COMPENSATION ANO EMPLOYERS' LIABILITY ANY PRORRIETOIYPPRTNERIEXECUTIVE OFFFFSICERIMEMBER EXCLUDED? SPECIAL PROVISIONS lxb WC2061898 05I22109 05/22N0 X vac STATUSLE E.L. EACH ACCIDENT $1000,000 E. I.. DISEASEEAEMPLOYEE $1000000 E.L DISEASE -POLICY LIMIT 1$1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Collier County Contractors Licensing Board 2800 North Horseshoe Drive Naples, FL 34104 1 of 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL I. DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR MCA 0 ACORD CORPORATION 198E Collier County Investigative Report and Evidence Packet Michael D. Green's request for hearing Citation number(s): 4962 E1- Michael D. Green's request for hearing E2- Hand delivered Confirmation of hearing E3- Collier County Investigative Report E4- Advertisement E5- Florida Division of Corporations- Detail by Entity Name E6- Citation issued ET FI. St. 489.105(6). Contracting definition q_�-oC� y�Ga I s s U6-d (?- d75 /R2 G�LfJI E1 COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fat (239) 403-2469 August 6, 2009 Hand Delivered Michael D. Green 2608 Fountain View Cir. 4107 Naples, FL. 34108 RE: Contesting Citation Dear Mr. Green: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, October 21, 2009. The meeting is held at 9:00 a.m. at the W. Hannon Turner Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the 3`1 Floor. If e are any questions, please call (239) 252-2909 Sincerely, Blanco r Service Specialist ors' Licensing c r c ti L v E-2. Community Development & Environmental Services Division Contractor's licensing Investigation Report Permit Number Name of Owner_O�C, ltDate -7I3a1W County/City COIL TimeRec'd Job addressllrkmL�0�(s kit Contractor Received by Complainant �T 4� Phone Number 301 -9 W Phone Number 6U - T197 Comp. Card # �A Qualifier State Lie. No. ! A Inve ieator Date E3 FIRST CLASS PLUMBING OF 239-597-9996 P.1 f t� a AM H..._,. c � a ROOMS (=o�nee.� icy tJ hjusir CALL Jim 24HRS o :r 29Z 44W9 1 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Document Searches Forms Help Previous on. List Next. on List Return To List Entity Name Search No Events No Name History Submit Detail by Entity Name Florida Limited Liability Company GENTLEMAN JIM LLC Filing Information Document Number L09000062048 FEI/EIN Number NONE Date Filed 06/26/2009 State FL Status ACTIVE Principal Address 2608 FOUNTAIN VIEW CIRCLE # 107 NAPLES FL 34109 US Mailing Address 2608 FOUNTAIN VIEW CIRCLE # 107 NAPLES FL 34109 US Registered Agent Name & Address UNITED STATES CORPORATION AGENTS, INC 13302 WINDING OAKS BLVD. SUITE A-100 TAMPA FL 33612 US Manager/Member Detail Name & Address title MGR 3REEN, MICHAEL D ?608 FOUNTAIN VIEW CIRCLE # 107 JAPLES FL 34109 US 4nnual Reports Jo Annual Reports Filed document Images )6/26/2009 — Florida Limited Liability View image in PDF format Vote: This is not official record. See documents if question or conflict. '_revious. on List Next on List Return To List Gam~/ http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doe_number=L090000620... 7/29/2009 COLLIER COUNTyN2 4962. BUILDING REVIEW & PERMITTING CITATION Pursuant to section 489.127, (3)(a), Florida Stories, the undersigned hereby certifies that upon personal invesligalioo, he/she has reasonable and prubable grounds to believe that the person whose name oppoars below, as Issued To, did violate Subsection 489 127(I), Florida Statutes, and Collier county Conn aoci Licensing Ordiaunee No. 97-fib (as may be amended from time to time) by gommiuing the violation stated below. Issued City L'x^Vf6'T State I I Zip OPTIONS I have been informed o1'the violation of which 1 have been charged and elect the following option (Check one) 1) ❑ I choose to pay the penalties of $ 3 DV]� on the Citation. 2) ❑ 1 choose not to pay the penally and will request in writing by certified pail or hand delivery an Administranveli&ing before the Contractor's Licensing Boar4. Description of Violation/Li Date Violation Observed.Y.-6, a) ❑ Falsely hold self of Business organization out as a license, certificate holder or b) ❑ Falsely impersonate a certificate holder or mgisonnt; c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑rUse or attempt to use a certificate or registration which has been suspended or Q b Engage in the business or act in the capacity of a contractor or advertise self or b si ss oreanization as available to eneane in the business or act in a coca I'�i -ora g) Operate u usvness organization engay3n contracting after (60) days following the termination of its only qualifying agent without designating amilher primary qualifying agent, except as provided in ss 489.119 and 489,1195, Florida ialues; h) ❑ Commence or perform work for which a building permit is require pursuant to an adopted stale minimum building code, without such per being iv eC ct, or i) ❑ Willfully or deliberately disregard or violate any Collier County rdinancerelaling to uncertified or unregistered contractors. A person or business organization operating on an inactive net ertihcale or registration, or operating beyond the scope of work or geogro(the registration, is not duly cyryificd or r9dg4cred. d' " PRINT (RECIPILN I-S NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) C--WLR C-GUI�NeV GO✓-,,,TRACTOP.S IICENGF Iy,.Pf RUE,,Zi:7 V-b File Edit we 6s httpffwww.flsenategovfstatutes)indexcfm?App_mode-Display Statute&Search Stnn9-&URL-Ch0489fSEC105HTM8 vl t;f I X View Favorites Tools Help Constitution Nlew Statutes >2009->ChO-. activities of the business organization with which he or she is connected: who has the responsibility to supervise, direct, manage.. and control construction activities on a job for which he or she has obtained the building permit: and whose technical and personal qualifications have been determined by investigation and examination as provided in this pat t. as attested by the departinent. (5) "Secondary qualifying agent' means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility to supervise, direct, manage, and control construction activities on a Job for which he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. (6) "Contracting' means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid. or attempted sale of these services requires the corresponding licensure. However, the term "contracting' shall not extend to an individual. par tnership. corporation. trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to seU or sells manufactured or factory -built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have Leen or will be retained for the purpose of constructing or completing such residences. (7) 'Certificate' means a certificate of competency Issued by the department as provided in this part. (8) 'Certified contractor" means any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being �..}Page. Monday, Aug 24, 2009 03:13 PM G 1 PELICAN BAY PROPERTY MANAGEMENT / 9, 1, r J�� �-' P. O. Box 770326 • Naples, Florida 34107-0326 • (941) 597-5070 • Fax (941) 597-9565 N1©4489 Q` COLLIER COUNTY u BUILDING REVIEW & PERMITTING n� CITATION Purskut to section 489.127. (3)(a), Florida Statues, the undersigned hereby certifies that upon personal investigation, he/she has reasonable and probable grounds to believe that the person whose name appears below, as Issued To, did violate Subsection 489 127(l), Florida Statutes, and Collier county Contractor's Licensing Ordinance No. 97-68 (as may be amended from time to time) by committing the violation stated below. �/� /` Month / �//U��77 /Day 9 Q3 ,�1 Y�1'y Ji AM1pvM� IssuedTo: /4ow` -, fL 7 q/�E�lfca1 _IL' Address /V 6 :;C 3 7—IL /Y/-%/ Tl+-- Nu�ly 9/f 1� City di —State Zip 22 Tele t ne tin. L - [J,(} y,+yd ate o Birt t Race ex Ilmght —YL`) �3 V 1, L� Vehicle ypc,If a licable) Year Color Tag N P 17 I — �,� ,1 _3—/wL k: Location of V' ti1 C_ V � OPTIONS I have been informed of the violation of which I have been charged and elect the following option (Check one) -4 _10`e) 1 1) ❑ I choose to pay the penalties of $ �'l U on the Citation. 2) ❑ I choose not to pay the penalty and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date V�ioplation, )begrved f�C C A/EK roCbC, jCdov v a) ❑ Falsely hold self or business organ Irun our as a license, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or attempt to use a certificate or registration which has been suspended or rev ed; r�-C/vPf%JA)Z Engage in the bu mess or act tothe capaci[y of a contracmr or advertise self or bust ess organization as available to engage in the business or act in a capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in ss 489.119 and 489.1195, Florida Sorties; h) ❑ Commence or perform work for which a building permit is required pursuant loan adopted state minimum building code, without such permit being in effect, or i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate or registration, or operating beyond the scope of wok or geographical scope of the registration, is not duly certified orregistered. -'L/(IrW)sal A 2Z4- SIGNATURE(RECIPIENT) SIGNATURE(INVESTIGATOR) PRINT (RECIPIENT'S NAME) PRINT (INVESTIGATOR'S NAME) o Pursuant to 489,127, Florida Sl:nucs, willful refusal lu sign and accept this citation constitutes a i d mean,orLof' the second degree, punishable as provided in section 775.082.or 775.083 Florida Sumt� ' iii (SEE REVERSE FOR INSTRUCfIONS)ty COLLIER COU'-IT r CONTRACTORS LICENSE DsEPARTMEMT 1l ItailJ Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 Collier County Business Tax Receipt Tax Year Info: 2008 Prev Record 1 Next Record BUSINESS INFORMATION OWNER INFORMATION License Name: 830894 PELICAN BAY PROPERTY MANAGEMENT, INC Name 1: BOUCHER, ROGER P. —� Name 2: Address 1: 848 W. ELKCAM CIR #304 DgA' 10823 TAMIAMI TR NORTH STE H Address 2: Location: City, State, Zip: MARCO 34145 Phone: 642-7937 LICENSE IS PAID ** LICENSE IS OPEN** Zoned: C3 Mail 1: P 0 BOX 770326 NAPLES, FL 34107 City, stZiP, Phone: 597-8070 code: State Lic: 03605101 23671 Description: Class: PROFESSIONAL PROPERTY CONTRACTING 1 AREAS County Lic: Category: DBPR STATE CERTIFICATION City Lic: Preq: Prev Record 2005 Tax Information New Search Back To List 2006 "fax Information Next Record 2007 Tax Information http://colliertax.com/search/ols_details.php?ID=1555&page=l0&year=2008 3/3/2009 Qualifier Detail Report CDPR23 06 - Qualifier Detail Report QOAL IFIER NBR NAME 20066 ROGER P. BOUCHER PHONE FAX (941 ) 642-7 937 MAIL ING ADDRESS 848 V. ELKCAM CIRCLE, #304 MARCO ISLAND FL 341.45- SSN 000-00-3079 LOCAL ADDRESS 848 W. ELKCAM CIRCLE, #304 MARCO ISLAND FL 34145- Clulcoazll- a ao l Collier County Board of County Commissioners Printed on 3/3/2009 3:02:43PM CD -plus for Windows 95/NT Page 1 1T4 �r r'Y Addressing/Piopedy Code Enlo¢ement Permitting I Dev. Review I Cash Management y . rn Ip K _ Qualifier Certificates Permits Inspections Carl Occ CD zrx >P (�uaLOer NoFirst Name Middle Name Last Name PostfV e__ _. 20066 POGERrP BOUCHER O -�— t m � Detail ) Addresses Associated Tables I Update Info I fi Social Security No I000603079 Drivers License Na B2607354029GO Date of Birth r6/1 G/1940 Phone �(94116427937 Fax Mobile r�� '.. Other I ...... Department CONTRACTOR MANAGEMENT Picture Date B/3/19993:51:54 PM Tuesday, Mar 03, 2009 03:02 PM COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING '500 N. horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Far (239) 403-2469 March 03, 2009 Roger P. Boucher 10823 Tamiami Tr. North Ste H. Naples, FL. 34107 RE: Contesting Citation Dear Mr. Boucher: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, April 15, 2009. The meeting is held at 9:00 a.m. at the W. Hannon Turner Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the 3rd floor. If there are any questions, please call (239) 252-2431. Sincerely, a,.�nzn. J In GreenbergOO C i tomer Service Specialist C ntractors' Licensing COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 June 1, 2009 Roger P. Boucher 10823 Tamiami Trl. N. Ste. H Naples, FL. 34107 RE: Contesting Citation — Rescheduled Dear Mr. Boucher: In advance, I would like to apologize for any inconvenience this may cause; however, due to a sudden cancellation, we will not be holding a Contractors' Licensing Board meeting for the month of July. Therefore, you have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, August 19, 2009. The meeting is held at 9:00 a.m. at the W. Harmon Turner Building (Bldg. F, Admin, Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the P floor. If Kere are any questions, please call (239) 252-2909. Skicerely, jnnitar Blanco u tomer Service Specialist onlractors' Licensing c t ri " c 11 L v COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • F:LY (239) 403-2469 August 18, 2009 RogerP. Boucher 10823 Tamiami TH. N. Ste. H Naples, FL. 34107 RE: Contesting Citation Dear Mr. Boucher: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, October 21, 2009. The meeting is held at 9:00 a.m. at the W. Harmon Turner Building (Bldg. F, Admin, Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the 3"1 floor. If there c any questions, please call (239) 252-2909. i ifer Blanco omer Service Specialist tractors' Licensing Collier County Investigative Report and Evidence Packet Charles S. Miller's request for hearing Citation numbers: 4970, 4971, 4972 E1- Charles S. Miller request for hearing E2- Hand delivered confirmation of hearing E3- Collier County Investigative Report E4- Charles S. Miller Business Tax Receipt E5- Citations 4970 (unlicensed Cabinet Install) & 4971 (unlicensed Electrical) E6- Citation 4972 (unlicensed Plumbing) E7 & E8- Charles S. Miller Business Tax Receipt application E9 & E10- Charles S. Miller "Handyman Affidavit" E11- Ordinance 2006-46 Sect. 1.6.3.5- Cabinet Installation E12- FI. St. 489.505(12)- Electrical Contractor E13- FI. St. 489.105 (3)(m)- Plumbing Contractor -tk4d t �,, L,it i , OY\S (-s,. 2-re- El COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 August 25, 2009 Hand Delivered Charles S. Miller P.O. Box 111113 Naples, FL. 34108 RE: Contesting Citation Dear Mr. Miller: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, October 21, 2009. The meeting is held at 9:00 a.m. at the W. Harmon Turner Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail, Naples, FL in the Commissioner's Meeting Room on the 3`d floor. If there are any questions, please call (239) 252-2909. incerely, Blanco r Service Specialist ors' Licensing Environmental Services Division Contractor's licensing Investigation Report Name of Ownerliumir Vdp(lt +1L l26116a,[Eth 311-2011 County/City Permit Number KIA Date fl 41� �q Time Rec'd Job address 7J�i��y. Received by Contractor_ Complainant Phone Number 3�,4-3Z61 Phone Number Comp. Card # i Q Qualifier 04 State Lic. No. 1 `5111�1I�CIlY f, 1 1 Iffi1. , ,, 1 411� � � S►'i�yi��Gl'�LKN�ii�t�4IL17��1�. M �III+1/; i 1,. 1, It 11 �1 [YIl .1:��ai'�I11�51�'4ti �11 t i a illdiNlRl 1 i414it'kr� l �I i`�H�4GiNIZ.".IIIi�LAI"�f�171lICAtni1!'Riri � 14A�N19il�lYY�1i � A�U11lIZi1 ��y1 m9 ,i71 �u t 11►fhllF1l ,11� WMITEO a! 1. 1 e i. 1 y 11; II IMI . � N,u a I .h Y. f " 1 A 1 IIIMi A Y ■l °■■�1���1[it"� ram,. ON, p� 1 LfJ➢'1ii41'4f'�.11 l - 1 fkll' 111111�'►�Il+! 1' 1 i t �i , I L71IAl. 1 1. rdMixRM .1 1 .. ► 'Ri:_... , J Date 1JCra11S Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 Collier County Business Tax Receipt Tax Year Info:2009 Next Record BUSINESS INFORMATION OWNER INFORMATION License # 090053 IMILLER, CHARLES S. Name: CHARLES S. MILLER Name 2: FC DBA: 2001 AIRPORT RD 5 ddress 1: ddress 2: 2001 AIRPORT RD S Location: Zoned: HOME OCCUPATION ,tate, zip: NAPLES FL 34112 Mail 1: PO BOX 11113 Phone: Mail 2: NAPLES FL 34108 ** LICENSE IS PAID ** ** LICENSE IS OPEN ** City, State, Z'p Phone: Code: State Lic: County Lic: 384-3287 03703306 Description: Class: Category: PUBLIC SERVICES MAINT. SERVICE/ NO CONTRACTOR WORK OWNER ONLY -NO EMPLOYEES City Lic: Preq: New Search Back To List Next Record http://colliertax.com/search/ols details.php?ID=4192239&page=&year--2009 E4 8/18/2009 COLLIER COUNT YNo- BUILDING REVIEW & PERMITTING CITATION Pursuant to section 489.127. (3)(a), Florida Slat LICE, the undersigned hereby certifies Ihat upon personal invesligution, he/she has reasonable and probable grounds to believe that the person whose name appears below, as Issued To, did violate Subsection 489 127(I), Florida Statutes, and Collie, -'Otlry Contructor's Licensing Ordinance No. 97-68 (as may be amended from time '.I, lime) by;commrttiag the violation stand below. 1. t Issued To: �Ils�' iv rli,lr JSJr, City Fir111li 1 .q A State i Zip i!7: 1 . 'Lfp I have been informed of the violation of which I have been charged and elect the following rption (Check one) N\ 1) ❑ 1 choose to pay the penalties of $ �% on the Citation. 2) ❑ 1 choose not to pay the penally and will request in writing by certified mail or hand lelivery an Administrative Hewing before the Contractor's Licensing Board! Description of Violation cjb r li 1l I tr n Observed PI C I g�re �Y r i I) ❑ Falsely hold self or businessnessorgumzabono sa se, cenificateholder�or registrant; a) ❑ Falsely impersonate acedificate holder or registrant; ;) ❑ Present as his own the certificate or registration of another; 1) ❑ Knowingly give false or forged evidence to the Board of a member themnC ,) ❑ Use or attempt to use a certificate or registration which has been suspended or (e ked; 0 Engage in the business or act in the capacity of a contractor or advertise self or bb�iness organization as available to engage in the business or act in a capacity of a &ntracmr without being duly registered or certified; aa) ❑ Operate a business orgn ii zation engaged in contracting after (60) days following the lei Initiation of its only qualifying agent without designating another primary qualifying agent, except as provided in ss 489.119 and 489.1195, Florida Statues; if ❑ Commence or perform work for which a building permit is required pursuant to an adopled state minimum building code, without such permit being in effect, ce i) ❑ Will fully or deliberately disregard or violate any Collier County ordinance relating no uncertified or unregistered contractors. A person or business organization operating on an inactive o@suspended certificate or registration, or operating beyond the scope of work or geogro ihind scope of the Eegistration, is not duly certified or registered. i "~ C7f,Nn(UIZL( LII II NII SRNN URE,(1NVLS I IGVFOR) P121NT(RGCII'I7N I'S NAME)I PRINT( INVESTIGATORSNAME) Pwsunnt to 489.127, Floridu Shines, willful rel'osnl In sign and accept [his Citation constitutes I misdemeanor of the second degree, pun sheble as provided at section 775.082 or 775.093 19oridu Statutes. (SEE REVERSE FOR INSTRUCTIONS) FILE COPY COLLIER COUNT ® t? <-; A 1 BUILDING REVIEW & PERMITTING CITATION Pursuant to section 489.12T (7)(a), Florida Statics, the undeaipined Inaeby certifies that upon personal investigation, he/she has reasonable and probable grounds to believe that the person whose name appears halow, as Issued To, did violate Subsection 489 127(I), Florida Statutes, and Collier county Contractor's Licensing Ordinance No. 97-68 (as may be amended from time to dmc) b� committing the violation stated below. Month aril);`, Iflnv I i IYem l.)51 ITi me��tiu'I IAM)PM Issued To: State C Zip Date ofjBirth I Race I hove been informed of the vielatian of which I have been charged and elect the following option (Check one) '[ f 1) ❑ I choose to pay the penalties of $ ,)-1 V on the Citation. 2) ❑ I choose not to pay the penalty and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Roar. I Description of Violation �, } I t � i Rate Violation Observed �.• ,, �� t, l{�� r a) ❑ Falsely hold self or bust ess rgamzation ut as a license, cc, ficale holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑ Present as his own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board of a member thereof; e) ❑ Use or allempl to use a certificate or registration which has been suspended or Mulled; f) gEngagc in the business or act in the capacity of a contractor or advertise self or toes. orgamzanon as available to engage in the business or act in a capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another primary qualilying agent, except as provided in ss 489.119 and 489.1195, Florida Statues; h) ❑ Commence or perform work for which a building permit is required pursuant to an adopted slow minimum building code, without such permit being in effect, or if ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered con lmclors. A person or business organization operating on an inaclivcY. suspended certificate or registration, or operating beyond die scope of work or geogrbphncol scope of the registration, is not duly certified or registered. i I )4 SIGNAfURL(R[('lP1L'NT) SI;r'NAIIr101 (INVESTIGATOR) i All f- I-�. i � i!4 l/ f2 F- / Y PRINlRECIIIEN'I SNAME) PP I NT(IN V EST IGATOR'S NAME) Pu soall l to 489.127, Florida Scums, willful Ilmtd it) sifit and'acccIn this C I I,C u in conslionCl a misdemeanor of the ueond degree, punishable as pmvided in section 775A82 or 775,083 Florida Sohn en. (SEE REVERSE FOR INSTRUCTIONS) FILE COPY G EL COLLIER COUNTY BUSINESS TAX RECEIPT APPLICATION 2800 N. Horseshoe Drive, Naples, FL 34104 Make Check Payable to: Collier County fax Collector Phone: 239-252-2477 Fax: 239-643-4788 Website: www.colliertax.com CHECKLIST Copy of oflncorporation tmd/or Fictitious letter Yellow Fire Compliance (list of fire district phone number from the State stating that your business name is on file enclosed) (850-45-605'2 or 6058) www. s'unbiz. org Copy of State license fi can Department of Business and Professional (850-487-1395) or Department of Health. (850-4I0-3359) Copy of City Busincs's lax Receipt (239-213-1800) Copy of Motor Vehicle Repair Registration Certificale from Department ofAgnculture. (800-435-7352) Copy of Health inspection from Department of Hotels and Restaurants (850 487- l3 75) or Derailment ofAgricult re. (80 i 35-7352) _Copy ofMarco Zoning Cci ificata (239-389-5000) Completed Zonuig application with appropriate fee mode payable - Completed Business Tax Receipt application with appropriate fee t made payable to: Collier County FaX Collector_ (239-252-2477) Other ) jF(. C"yf Ci'T-/ ylt t 1 r Please conta✓ct the Properly Appraiser's office at 239-252-8145 regarding tangible tax. C ONE: Date: Original Application Classified ion Transfer of License # Code Number ) - Renewal of License # License Amount 1) CORPORATE NAME - 1a) DBA NAME - 1b) BUSINESS OWNER OR QUALIFIER'S NAME, }- I 2) PHYSICAL ADDRESS - 20O (No P.O. Box allowed) /° 2a) IS RESIDENCE USED AS AN OFFICE V Yes 3) BUSINESS MAILING ADDRESS - F-10 O j ij 13 Street 4) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - 5) TELEPHONE - Business: Z 0 I n C - ' �.R7 Home: 6) LEGAL FORM OF BUSINESS: sole ProprieNrship _ Partnership No Corporation LLC UP 0 7) OPENING DATE OF BUSINESS OR DATE ASSUMED - 6 - .3 C_'? - O'i 8) OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes _jeo!�No If Yes, City License No. 9) SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO. 41ft— -low- *so, bock of rpplicanun for explanation(( 9a) TYPE OF BUSINESS CONDUCTED: },i�v ^Y,il:vV b4C'o?Co,iIrr,iet�, i vt7- 10) NUMBER OF EMPLOYEES - Including number of owners ) FILL IN THE APPROPRIATE AREAS - a) Rental units (motel/hotel/apts.) Number of units: b) Seating Capacity (rest./cafes, etc) Number of seats: c) Number of coin -operated machines owned by business or individual: 12) STATE LICENSE OR CERTIFICATION NUMBER - Must have photo copy of state license if state licensed and certified $ NDER PENALTIES OF PERDU FY, I DECLARE'IHAT I HAVE READ THE FOREGOING DOCUMENT A)RIDTHATTHE6ACTSSIATVI tN I'R,k1T)1'IHEBEST (IF MYKNOWLEDGE. xxxAPPLICANT'S SIGNATURE: DATE ✓ _� �7 Owncl and/or represcntutivc nl bu ,mess) "tl I I'I,F.: ****TI-lIS LICENSE IS NON-REFUNDABLE. FOR BUSINESS STATED ABOVE**** �� SECTION A, B, AND C FOR OFFICE USE ONLY THIS SECTION TO BE FILLED OUT BY CONTRACTORS/BCC LICENSING BOARD SECTION A Classification of Contractor: Department Supervisor County Certification Number: Date: THIS SECTION TO BE COMPLETED BY PLANNING SERVICES SECTION B Business is an in -home occupation and the applicant has agreed to adhere to the requirements as set forth in the Collier County Zoning Ordinance. - PROPERTY _ Business DOES COMPLY with the Collier County Zoning Ordinance. ZONED Signed: �— t E �L _ Title: �'`-` `/�`--�� Date: Comments: THIS SECTION TO BE COMPLETED BY THE HEALTH DEPARTMENT SECTION C Business DOES COMPLY with the local and/or State requirements. Signed: Title: Date: * In accordance with Florida Statute 205.053.5(5), we requiio .wit a Florida Employer Identification Number (FEIN) ora Socyn m CAN NOr PO COMPLIANCE SERVICES (239) 252-2431 CONTRACTORS OR SUB-CONSTRACTORS OFFERING TO PERFORM THESES SERVICES ARE REQUIRED BY LAW TO POSSESS A VALID CONTRACTOR'S LICENSE EITHER BY THE STATE OF FLORIDA OR COLLIER COUNTY CONTRACTOR'S LICENSING CONTRACTORS GENERAL BUILDING RESIDENTIAL SUB -CONTRACTORS AIR CONDITIONING CLASS A AIR CONDITIONING CLASS B AIR CONDITIONING CLASS C JOURNEYMAN AIR CONDI"FIONING ELECTRICAL JOURNEYMAN ELECTRICIAN MECHANICAL PLUMBING JOURNEYMAN PLUMBER ROOTING SHEET METAL SWIMMING POOL/SPA COMMERCIAL SWIMMING POOL/SPA RESIDENTIAL SWIMMING POOL/SPA SERVICING SPECIALITY CONTRACTORS ACOUSTICAL ALUMINUM ALUMINUM INCLUDING CONCRETE ALARM CONTRACTOR I (BURGLAR & FIRE) ALARM CONTRACTOR 11(BURGLAR) CABINET INSTALLATION CARPENTRY COMMERCIAL COOLING EQUIPMENT CONCRETE PLACE & FINISHING CONCRETE FORMING & PLACING CONCRETE CONTRACTOR REST. PNEUMATICALLY PLACED DECORATIVE METAL DF.MOI,ITION DREDGING CONTRACTOR DRYWALL ELEVATOR EXPONY S'FONE EXCAVATION CONTRACTOR PENCE ERECTION FIRE PROTL'CTION SYSTEM CONTRACTOR FLOOR COVERINGS C ONT D -- E� GARAGE DOORS RESTRICTED GASOLINE TANK & PUMP GLASS & GLAZING INSULATION ALL TYPES INSULATION BUILDING IRRAGATION SPRINKLER LANDSCAPING LIQUIFIED PETROLEUM GAS MARINE SEAWALLS &, DOCKS MASONRY MOBILE IIOMP; SET UP, "PIE DOWN PAINTING PAVING UNLIMITED PLASTERING & STUCCO POLLUTANT STORAGE CONTRACTOR REINFORCING STEEL ROOF COATING, PAINTING OR PRESSURE CLEANING SANDBLASTING SATELLITE DISH INSTALLATION SEALING & STRIPPING SEPTIC TANK SIGN CONTRACTOR NON ELECTRIC SIGN ELECTRICAL CONTRACTOR SOLAR HEATER INSTALLATION STRUCTURAL STEEL ERECTION STRUCTURE MOVING TILE & MARBLE TILE, MARBLE & TERRAZZO TREE REMOVAL. & TRIMMING UNDERGROUND UTILITY CONTRACTOR WELL DRILLING II -yLaRE DOING ANYTHING THAT IS LISTED ON THIS PAPER SIGMA DATE UNDER PENALTIES OF PERJURY, I DECLARE THAT HAVE READ THE FOREGOING DOCUMENT AND THE FACTS STATED IN IT ARE TRUE. HANDYMAN AFFIDAVIT_WD EM r-de atfit 4ie�e -0parc,eN.. 4eals U+likiaw Help - IS 146Ss 116 0 b. Alarm System Contractor Il means an alarm system contractor whose business includes all types of alarm systems other than fire, for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes, and small commercial buildings having a square Restage of not more than 5,OW square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with Passing grade on a tave{?�-lrgyF business and law test and means any person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and. millwork. 111c scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office laminate, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing Wade On he, an aaotnved test and a Passing g grade on a two{-2}beat business and law test and means those who have the knowledge and skill to install any wood and metal products including but not limited to, rough framing, wood structural wood and metal non-stmctural trusses, sheathing, paneling, unity, metal framing. and cabinetry. Placement of fire safing and rim stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.7. Garage doors Installation Contractor requires twelve (12) months experience 0 Li 6P U " rti Q J� Inbox, ncrowt outlook CD -plus for windows: I '�l2006i6.pdf Adobe Re.,,..�. q ;'...r Monday, Sep 28, 2009 08:32 AM C'' wi"4y 5[a[utes&Cans[kution;Vlew Statutes>2pPl->Cho yy Ys� � ,- (9) "Contractingmeans, except where exempted in this part, engaging in business as a contractor or performing electrical or alarm work for compensation and includes, but Is not limited to, performance of any of the acts found in subsections (2) and (12), which define the services which a contractor is allowed to perform. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting, If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. (10) "Contractor" means a person who is qualified to engage in the business of electrical or alarm systern contracting pursuant to a certificate or registration issued by the department. (11) "Department" means the Department of Business and Professional Regulation. (12) "Electrical contractor' or "unlimited electrical contractor" means a person who conducts business in the electrical trade field and who has the experience, knowledge, and skill to install, repair, alter, add to, or design, in compliance with law, electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, which generates, transmits, transforms, or utilizes electrical energy in any form, Including the electrical installations and systems within plants and substations, all in compliance with applicable plans, specifications, codes, laws, and regulations. The term means any person, firm, or corporation that engages in the business of electrical contracting under an express or implied contract; or that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of electrical contracting; or that does Itself or by or through others engage in the business of electrical contracting. (13) 'Local construction regulation board" or "local board" means a board, composed of not fewer than three residents of a county or municipality, which the governing body of that county or municipality may create and appoint to maintain the proper standard of construction of that county or municipality. (14) 'Pnmar} qualifying agent" means a person who possesses the requisite skill, knowledge, and experience, and has the responsibility, to supervise, direct, manage, and control the electrical or alarm system contracting activities of the business organization with which he or she is connected; and whose technical and personal qualifications have been determined by investigation and VLoz-MlWsoft Outbok I CO -NI Viacom .:� Statutos&CaK[klklon;. I fl. Monday, Sep 28, 2009 09:46 AM L R - w 4� ®5[akue t4conshtuhon;View Statutes->20oe>Ch0 or renovation. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. The installation, construction, modification, substantial or complete disassembly, or replacementof equipment permanently attached to and associated with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires licensure; however, the usage of such equipment for the purposes of water treatment or cleaning shall not require licensure unless the usage involves construction, modification, substantial or complete disassembly, or replacement of such equipment. Water treatment that does not require such equipment does not require a license. In addition, a license shall not be required for the cleaning of the pool or spa in any way that does not affect the structural integrity of the pool or spa or its associated equipment. (m) 'plumbing. contractormeans a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install. maintain, repair, alter, extend, or, when not prohibited bylaw, design plumbing. A plumbing contractor may install, maintain, repair. alter, extend, or, when not prohibited by law, design the following without obtaining any additional Local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities; venting systems: public or private water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith., including boilers and pressure process piping and including the installation of water, natural gas, liquefied petroleum gas and related venting, and storm and sanitary sewer lines; and water and sewer plants and substations. The scope of work of the plumbing contractor also includes the design, when not prohibited by law, and installation, maintenance, repair, alteration, or extension of air -piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers to the extent authorized by law; ink and chemical Imes; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. Nothing in this definition shall be construed to limit the scope of work of any specially contractor certified pursuant to s. 429. 1 t;(6), Nothing in this definition shall be construed to require certification or regtr isation under this part of any authorized employee of a public natural gas utility or of a private natural gas utility regulated by the Public Service Cominission when disconnecting and reconnecting water lines in the servicing or replacement of an existing water heater. "underground utility and excavation contractor' means a contractor whose services are limited to j L F lam, inbox- Acrosoft outlook COPksfor Windows *-Statub, a conedaulont . Monday, Sep 28, 2009 09:46 AM 1..�' .../ COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fxx (239) 403-2469 August 31, 2009 Noel R. Sinclair 2911 8th Ave. N.E. Naples, FL. 34120 RE: Review of Credit Report Dear Mr. Sinclair: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, October 21, 2009, The meeting is held at 9:00 a.m. at the W. Harmon Turner Building (Bldg. F, Admin. Bldg.), 3301 E. Tamiami Trail., Naples, FL. in the Commissioner's Meeting Room on the 3"1 floor. If Kcre are any questions, please call (239) 252-2909. custo�Blanco Custom r Sorvice Specialist Contra tors' Licensing 17, J 12-22-2008 FEB 1 7 2009 �'=PoA`� C'\ i n C I G i r� �1� o e I ALEX SINK STATE OF FLORIDA 1 CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICE i DIVISION OF WORKERS' COMPENSATION i CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION CT This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 12/22/2008 EXPIRATION DATE: 12/22/2010 PERSON: SINCLAIR NOEL FEIN: 900369681 j BUSINESS NAME AND ADDRESS: ST CLAIR ELECTRIC INC 2911 8TH AVE NE NAPLES FL 34120 SCOPES OF BUSINESS OR TRADE: 1- REGISTERED ELECTRICAL CONTRACT IMPORTANT: Pursuant In Chapter 449 . 05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05021, F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.0503) F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named On the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. QUESTIONS? (850) 413-1609 DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION 4-0 00NSTRUCTION INDUSTRY CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW EFFECTIVE: 12/22/2008 EXPIRATION DATE: 12/22/2010 PERSON: NOEL SINCLAIR FEIN: 9003GS681 BUSINESS NAME AND ADDRESS: ST CLAIR ELECTRIC INC 2911 11 AVE NE NAPLES, FL 34120 SCOPE OF BUSINESS OR TRADE: I- REGISTERED ELECTRICAL CONTRACT IMPORTANT Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election L under this section may not recover benefits or compensation under this D chapter. H Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed an RE the notice of election to be exempt. E Pursuant to Chapter 440.0503), F.S., Notices of election to he exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. QUESTIONS? (850) 413-1609 CUT HERE * Carry bottom portion on the job, keep upper portion for your records. OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 Qualifier Certific'. _tion Information CDPR2307 - Qualifier Certification Information Collier County Board of. County Commissioners Printed on 12/15/20 11:22:47AM CD-FIuS for Windows CER'� NBR: 32951 QUALIFIER NBR: 24962 NOEL R. SINCLAIR CLASS CODE: 2000 ELECTRICAL CON'PR.-REGISTERED SPATE NBR: ER 13014132 COUNTY COMP CARD: SP�.TE EDP LIAB ERE WC FXP ORIG ISSD RENEWAL EXPIRES 831i2010 518i 2009 1/?0/2009 6/30/2008 9/30/2009 DBA: ST CLF:I R. ELECTRIC TNC WC EXEMPT: N OL EXEMPT: N AD1JRcSS: 2911 8TI1 AVE NE EXEMPT EXP DATE: CITY: NAPLES FL 34120- PHONE: (239)287-26I7 FAX (239)353-7078 ,21t 1yL _ _��.c, NOT'-'.: It is the quali_f ier's responsibility to keep all business, licensing and requirements ct�rrent and to provide up to date copies for Collier County files. This includes all insurance certificates and any change of address information. .i Couiir ('icY Ma.co, Ci cy of N.••l es� Con Crac Cot Licere 3ng e_.EC:kICA:, CUNTR_ RR: I'iTEP!:D f [- rIT LtA CTRIC 1NC NJ2I, SINCf1.A`3 ...,� 3412!i 5i1 c�. STATE OF FLOP" 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET " TALLAHASSEE FL 32399-0783 SINCLAIR, NOEL ROY ST CLAIR ELECTRIC INC 2911 8TH AVENUE NE NAPLES FL 34120 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.rnyfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! Ac# 4126824 DEPARTMEX ELE DETACH HERE STATE OF FLORIDA ., LICENSE'NBX 11/03/20.08 1080043669s ER13014132 The ELECTRICAL CONTRACTOR Named ``below HAS REGISTERED Under the provisions of Chapter 489 FS.- Expiration date: AUG 31, 2010 . (INDIVIDUALMUSTMEET, ALL LOCAL LICENSING REQUIREMENTS PRIOR TO CONTRACTING' IN ANY AREA) SINCLAIR, NOEL ROY ST CLAIR-ELECTRIC INC 2911 8TH'AVENUE NE NAPLES FL 34120 STATE OF FLORIDA AC# 412682 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ER13014132 11/03/08 080043669 REG ELECTRICAL CONTRACTOR SINCLAIR, NOEL ROY ST'CLAIR ELECTRIC. INC (INDIVIDUAL MUST MEET ALL LOCAL LICENSING REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA) HAS REGISTERED under the provisions of Ch.489 expiration ante: AUG 31, 2010 L08110300077 ON SECI# L08110300077 CHARLIE JCRIST CHARLES W. DRAGO GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW Findings of Fact, Conclusions of Law and Decision of the Board Collier County Contractors' Licensing Board For Applications Submitted to the Board for Review Type of Application: X Credit Report Review Waiver of Testing Requirements Reinstatement of License Request to Qualify Second Entity Other (specify) THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on June 18, 2008 for consideration of the application submitted to the Board for review. The type of application is set out above. The Board having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law and Order of the Board as follows: FINDINGS OF FACT 1. That Noel Sinclair has submitted an application to the Collier County Contractor Licensing Supervisor or his designee for review of credit reports. 2. That pursuant to section 22-184 (b) of the Collier County Contractors' Licensing ordinance (Ordinance 90-105, as amended) a credit report that appears to indicate that the applicant may not meet the standards set out in Florida Administrative Code 61 G4-15.006 for financial responsibility requires referral to the Board for a decision regarding approval or denial of said application. 3. That the Board has jurisdiction over this matter and that Noel Sinclair was present at the public hearing and was not represented by counsel at the hearing on June 18, 2008. 1 4. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued. 5. The facts in this case are found to be: a) Noel Sinclair has submitted adequate documentation and testimony in support of his company's credit report in that his licensure will not result risk of economic loss resulting from the contractor's inability to pay his lawful contractual obligations, subject to his satisfaction of the terms set out herein. b) Credit report does meet the standards of Florida Rule 61 G4-15.006 for Financial Responsibility, subject to the criteria set out in this order. CONCLUSIONS OF LAW 1. Based upon the foregoing facts the Board concludes that the applicant has met the standard set out in Ordinance 90-105, as amended, with the exceptions noted herein. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and Collier County Ordinance No. 90-105, as amended, by a vote of 3 in favor and 2 opposed, a majority vote of the Board members present, the applicant is granted a license to act as a contractor subject to the stipulations set out below. 2 1. Contractor will operate on under the supervision of the Contractors's Licensing supervisor and the Contractors' Licensing Board for a period of one (1) year. 2. During the probationary period, the Applicant must submit a credit report after six (6) months, which credit report will be brought to the Board for review and action at that time. If Board finds that the credit report is satisfactory, the Applicant will continue to be licensed for the final six (6) months of the probationary period. If it is not, the Board may revoke the license, or take other action as it deems appropriate. 3. If the Applicant is granted the second six (6) month period of the probationary period, a new credit report must be submitted to the Board for review at the end of the second six (6) month period. If the Board finds that it is not, the Board may revoke the license or take other action as it deems appropriate. 4. The Contractors' Licensing Department may not issue any letters of reciprocity for the Applicant during the pendency of the probationary period. ORDERED by the Contractors Licensing Board effective the 18 day o une, 2008. ichard Jos n, Vick Chairman Contractors Licensing Board K 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 the Applicant, and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34104 on this l day of__ !S ` 12008. - Jam' ' J etary / Contractors Licensing Board C! Co er County COLLIER COUNTYICITY OF NAPLES/CITY OF MARCO BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION Contractors' Licensing Board Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 252-2431 Fax: (239) 252-2569 A Instructions: This application must e typewritten or legible, printed. The application. The -fee is NOT refundable after the application has been acce checks should be made payable to the "Board of County Commissioners" Collier County Ordinance No. 2006-46, as amended. \PH ESS. this ane enteletl on the records. All For further information, consult 1. Name of Firm �> l GL'�rl e S, ��i_%� io .7 /<:- , D/B/A (if 3. !M I I b� Me' � t ate Zip Code I C 'SN►;i0 Business Mailing Address �y City�s��� State Zip Code Zie/i 4. Business Phone Number: 2 QQ Mobile Phone Number,rt 5. Fax Number:__6� 3 �0 �Q Federal Emp. ID#: ����.(YIGd^i 4/A�Yi�pj �OGGSiNcGli/ JQ o 6. Legal form of Business: Gorporation: LL 7. Name of the Firm's Qualifying I A/C- 6,L e ,C (License Holder) 8. INDICATE NATURE OF REQUEST— A To Qualify as a: ( ) General $150.00 Electrician $150.00 --( ) Building $150.00 Plumber $150.00 ( ) Residential $150.00 ( ) Air Conditioning $150.00 ( ) Mechanical $150.00 ( ) Roofing $150.00 ( ) Swimming Pool $150.00 ( ) Specialty $135.00 Bl Chanae of Status: $10.00 ( ) Active License to Dormant ( ) Dormant License to Active ( ) Address Change ( ) Reinstatement (Specialty trade type) ( ) From Individual to Qualifying a Business ( ) From Qualifying a Business to Individual ( ) To Qualify Additional Entity ( ) From One Business to Another •� Page 1 of 5 DRIVER LICENSE , LASS E S524-636-8G-454-0 ' NOEL ROY SINCLAIR 2911 8TH AVE NE NAPLES, FL 34120-09u0 ooB:12-14-1980 sex issueo. 12-01-2004 I v,`-,� Es: ^12-14-2010 lot(5�, CAt :cntE:06-02-2W$— M HGT 646 N730806020W n +e,ur v�M1n:u cnnnman ro�em,o uryso,i u,v,--, pui ul ,.�,ax 9. T.h7 names, titles, home adoress angLp) e numbers of all Officers/Managing Members of the Firm. �Siic �4fi� 4)�k+�ii�r,) ill alp 'N'yllp t"fl0� q%L 3yr2� 10. List all businesses, firms, entities or contracting businesses you have been associated with during the last ten years (ex. Held a license for or been a partner). Attach extra pages if needed. We. 11. List all debts you or any company(s) associated with you refused to pay and the reasons for the refusal to pay. Attach extra pages if needed. x.la�iE AFFIDAVIT /� certify that the foreeggo'in tru a d c r to the best of my knowledge. Aut ized Officer of the Firm STATE OF FLOR14 COUNTY OF CC) \ \ � c r The foregoing instrument as acknowledged before me this �y.nb -I- '-40.' !�: (Date) By O�Z\ �'' n C�•R; r of a (Name of officer, title/agent) (Name of Corporation) (State or Place of Corporation) Corporation, on behalf of the corporation. He/She has produced ` \ (�- ( I �- as did not take an oath. NOTARY PUBLrC7— NOTARY'S SEAL (PRINT NAME OF NOTARY) ,.+ co Notary Publ'r• state of Florida i'. "'t.Sharon Sae Frazier My Corcmsissicn OD 600052 �Oi2912010 Page 2 of 5 APPLICATION COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM - PART 1 Contractors' Licensing Board Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (239) 252-2431 Fax: (239) 252-2569 1. Name of Qualifying (Last) Date of Birth ) �J 06, S.S. # (Last 4 numbers only) Driver's License 2. Home Address of the Qualifying Agent / I Home Phone # 0 3q ,�16 j -/ 3. Name of the Firm/ 4. Type of Certificate of Competency for which application is made. 5. The names and telephone numbers of two persons who will know your whereabouts. t:�(pI ' :�o4 [4710 � Tsof 1/4 SiNC.(C�a%� 15U1- J"> N y5i9lP - jq-e15k 49 wl£(� 6. Have you ever been convicted of a crime related to Contracting? Ala (If yes attach extra sheet with explanation) 5� JJ 7. Have you or any firms you have been associated with ever filed bankruptcy? /�46 8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why. db k 9. List your business or work experience during the past ten years. PA( 1 c-f - ���G4-9 iC 4 ( 10. Statement of any formal training you have had in the area for which the application is made. Page 3 of 5 AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance No. 2006-46, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he 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 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. A P ICE' - AUNT (PLEASE PRINT) STATE OF FLORyDA1\ COUNTY OF The foregoing instrument as acknowledged before me this (Date) 0 by 0 e` who has produced l r (Name of person acknowledging) (Type of identification) as identification and did not take an oath. NOTARY'S SEAL NOTARY PUBLIC (PRINT NAME OF NOTARY) b Jorary Pub Slate of Florida ,� <r ,,haron Sue Frazier Re any Commission DU600052 'r W� r Frxs 1012812010 -r" le Page 4 of 5 STAFF USE ONLY: Name of Applicant o� /�/ Trade: -MIA IA CClef c • Score: % c) !r Take on �-�3 l/� Given in_ ri . LUUP , sponsorreed by Cj//j Business & Law Sc.,,olIre: %6 .0 Taken on Given in or� ,�F. u C P �, ,sponsored by C:.e, / e- Page 5 of 5 AFFIDAVIT It is understood and acknowledged by the Collier County Contractors' Licensing Board and myself that if I fail to acquire, or maintain at all times effective Workmen's Compensation Insurance it will result in the possible revocation of my Certificate of Competency. Ao-,X� SKINAT02E OF APPLICANT �j Cl�-sue"- ��c `k'r`c .L''•�G BUSINESS NAME DATE BEFORE ME this day personally appeared li-EN LwI�Y� who affirms and says that he has less than one employee and does not require Workmen's Compensation and understands that at any time he employs one or more persons he must obtain said Workmen's Compensation Insurance. STATE OF FLOeDq \ COUNTY OF O \ V 0 r The foregoing instrument was acknowledged before me this Ju," �- -�,00R (Date) by t� n ho has produced `P\ k \ - (name of person acknowledging) (Type of identification) as identification and who did not take an oath. NOTARY SEAL SIGNA ��rrrrrn-r'rvo r° �� Sharon Sue Frazier y ,o M Commission DDf00052 �ovr,?` Expires1012812010 ST"TTON ELECTRIC, INC. ELECTRICAL CONTRACTORS State Certified EC 13002778 May 6, 2008 Collier County To whom it may concern: Re: Employment verification This letter is to verify that Noel Sinclair had been employed by Stratton Electric, Inc. from November 9, 2000 until March 7, 2002. He was employed as an Electrician. Stratton Electric, Inc. offered 40 hours of work a week. If you have any questions or concerns, please feel free to call the office at (561)848-1010. Sincerely, ML Calvin Ellis Baird Qualifier Competency # 1 3 ©O .�- 7 7 Q Coral Stratton Kimball President Payroll/Human Resources (� STATE OF ELOYl COUNTY OF�AI M 74.�1 On this the %+Z'*day of H-4y , 20O8 before me personally appearedA"mlm ho acknowledged to be the gkiioXA�MmAGFRof6i[T A36"c,ZSueand to be duly authorized by said corporation to execute the forgoing document on behalf of said corporation, and that being authorized to do so, executed the forgoing instruction for the purpose therein contained, by signing the name of the corporation as Swo and subscribed before me this j,25#f- day of %i�t , 20413t. / G�J My commission expires Nota Public — r �I VWGMM0. UWA � P 1ersonally known Produced identification, type No" pow - ow of FWW _• NfCpleI- ' EWM F&1,301 Co wA" M 00 741328 ,. 0a*WT1=* N'ftW Nati7 7546 Enterprise Drive, West Palm Beach, FL 33404 USA (561) 848-1010 fax: (561) 848-0088 www.strattonelectric.com EROY ELECTRIC Pomeroy Electric Incorporated 3131 SW 13th Drive AW Deerfield Beach, FL33442 Phone: 954-427-0705 �O R PO RATED Fax: 954-360-9579 =� License: EC0000931 May 5, 2008 Re: Noel R. Sinclaire, Sr. To Whom It May Concern: Pomeroy Electric Incorporated employed Noel R. Sinclaire, Sr. originally from April 22, 2002 through February 24, 2003, then again from March 06, 2006 through August 29, 2006 as an electrician. Starting in an entry-level position, he was able to take on additional responsibility and increased his skills, doing what was necessary to become a professional in his field. He worked well with our customers, his co-workers and other trades, keeping the best interest of the company in mind. He was also reliable and trustworthy. I considered him a valuable asset to this company. Sincerely, POMEROY ELECTRIC, INC. Ste eroy Presid SCP/mcp Sworn and subscribed to me this 5th day of May 2008 by Stephen C. Pomeroy who is personally known to me. ......., JANICE L. BOSCO O PUb11C ep thru 800)439 r1 )'= e o� BontlaG thm (800�J2-J25CC ....... Flontla Notary Assn., Inc r.--j Urlerry'sIncorporated May 7, 2008 To Whom It May Concern: Mr. Noel Sinclair, 138-92-7166 was employed by Terry's Electric, Inc. from 02/06/2003 through 01/16/2004, as an Electrician Helper in our South Florida Commercial Division. Mr. Sinclair was involved in all phases of electrical construction, including pipe, wire, and gear. Sincerely, John P. Neveu Vice President Administration EC-0001017 o ry Public My Commission Expires: KAREN A. BISSETT NOTARY PUBLIC - STATE OF FLORIDA "Affiant Known Personally." COMMISSION # DD479946 EXPIRES 11/08/2009 BONDED THRU 9-8WNOTARYi o" Date 600 N. Thacker Avenue • Suite A • Kissimmee, Florida 34741 1-888-27TERRY • (407) 572-2100 • Fax: (407) 846-3461 • www.terryselectric.com emoahL�- May 23, 2008 Re: Noel Sinclair To Whom It May Concern: Let this letter serve as a reference and a strong recommendation for the ability, integrity, and quality of work for Noel Sinclair. Noel was employed with Craftstaff, LLC from January 19 2004 thru March 3`d 2006 and subsequently from September 20° 2006 thru May 16" 2008. Mr. Sinclair has exhibited the skill level and competency of a Journeyman Electrician on all projects he was assigned too. If you have any questions please feel free to contact me directly. Regards, Danny Chavis/Regional Manager Craftstaff, LLC License Number-ER13012614 Phone:(561)304-4922 ext.108 Fax:(866)770-9675 Cell: 561-723-1395 Email: dchavis@craftstaff.com Given under hand and seal this of�CIO Sworn and Subscribed before me 2 .11 this day of "WA W , 20� Notary Public My Commission Expires: (Affix Seal) ,,�.,..°,• Dicriortut utu� tA'' i :t: .r MY COMMISSION t DD 619429 `. EXPIRES: February9, 2011 2 .; 8we Thr� N u .A,(„tF••' rvwnwr;UMeiwmera COMP14C'tionofApprig,nficeship Florida Department of Education Office of Workforce Education This Is To Certrfi, That NOEL R. SINCLAIR, JR. has with merit fulfilled the terms of the apprenticeship agreement in accordance with the standards prescribed by the Office of Workforce Education, Apprenticeship, and the Federal Committee on Apprenticeship, and is hereby recognized as a qualified ELECTRICIAN together with all rights. privileges and opportunities which pertain thereto APPRENTICESHIP SPONSOR FL007860018 FL 02N000833 Associations of Builders and Contractors Institute GNJ ID Number FLORIDA DEPARTMENT OF EDUCATION June 19, 2004 Date Completed Chairman Secretary nQQ Direciorof Apprentice p Pmeram ,,,111 pprentices p Organized under the laws of the state of��' ��— r Corporate name This Certifies that 40Lt SW i IE! is the holder of OFFICER NAME bn Shares of the - 6an shares of the total stock issued by the above named Corporation. This evidences 0 % of the total shares of stock issued by the corporation. In Witness Whereof, the id Corporation has caused this Certificate e signed by the duly authorized officer this day of A.D. w o < rri SIGN TU OF AN 90 a FTC m3 s� CER OF THE CORPORATION www.sunbiz.org - Department -State Page I of 2 Home Contact Us E-Filing Services Document Searches Forms H Previous on List Next on List Return To List No Events No Name History I Entity Name Detail by Entity Name Florida Profit Corporation ST CLAIR ELECTRIC INC. Filina Information Document Number P08000048975 FEI Number 900369681 Date Filed 05115/2008 State FL Status ACTIVE Principal Address 2911 8TH AVE NE COLLIER COUNTY FL 34120 Mailing Address 2911 8TH AVE NE COLLIER COUNTY FL 34120 Registered Agent Name & Address SINCLAIR, NOEL 2911 8TH AVE NE COLLIER COUNTY FL 34120 US Officer/Director Detail Name & Address Title P SINCLAIR, NOEL 2911 8TH AVE NE COLLIER COUNTY FL 34120 Annual Reports No Annual Reports Filed Document Images 05/15/2008 -- Domestic Profit ( View image in PDF format http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P0800004897... 6/2/2008 www.sunbiz.org -Department -State Page 2 of 2 Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History !7,m' r o llaet w, Douonei t Searches E 1 ilinq Servo e; forms I-lelp C:opyri(JhE and Pr(vary Policies C. )pyrighl . UU 7 Stale of Florida, Department or State. Entity Name http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number—P0800004897... 6/2/2008 Pagel of 4 PLepared By: Merit Credit (239) 277-3202 (800) 371-3348 TRANSUNION CREDIT REPORT [FOR] [SUB NAME] [MKT SUB] [INFILE] [DATE] [TIME] (I) Z NP3343169 MERIT CREDIT 16 MI 9/00 05/22/08 13:09CT [SUBJECT] [SSN] [BIRTH DATE] SINCLAIR, NOEL R. JR. 138-92-7166 12/80 [TELEPHONE] 509-4526 [CURRENT ADDRESS] [DATE RPTD] 4401 PINEWOOD AV., WEST PALM BEACH FL. 33407 1/07 [FORMER ADDRESS] 4501 PINEWOOD AV., WEST PALM BEACH FL. 33407 9/00 [CURh FNT EMPLOYER AND ADDRESS] [RPTD] POME ROY ELCTRIC 4/06 [FORMER EMPLOYER AND ADDRESS] TERRACE ELECTRIC 8/04 S P E C I A L M E S S A G E S ***ADDRESS ALERT: CURRENT INPUT ADDRESS DOES NOT MATCH FILE ADDRESS(ES)*** ---------------------------------------------------------------------------- M O D E L P R O F I L E * * * A L E R T*** ***FICO CLASSIC 04 ALERT: SCORE +465 : SERIOUS DELINQUENCY, AND PUBLIC ***RECORD OR COLLECTION FILED; TIME SINCE DELINQUENCY IS TOO RECENT OR ***UNKNOWN; PROPORTION OF BALANCES TO CREDIT LIMITS IS TOO HIGH ON BANK ***REVOLVING OR OTHER REVOLVING ACCOUNTS; NUMBER OF ACCOUNTS WITH ***DELINQUENCY *** IN ADDITION TO THE FACTORS LISTED ABOVE, THE NUMBER OF ***INQUIRIES ON THE CONSUMER'S CREDIT FILE HAS ADVERSELY AFFECTED THE CREDIT ***SCORE. ----------- C R E D I T S U M M A R Y *** TOTAL FILE HISTORY PR=O COL-1 NEG=5 HSTNEG=2-4 TRD=15 RVL=10 INST=4 MTG=1 OPN=O INQ=10 HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY PAY AVAILABLE REVOLVING: $3699 $6500 $2238 $192 $72 66% MORTGAGE: $50.OK $ $47.1K $0 $341 CLOSED W/BAL: $15.8K $11.7K $271 TOTALS: $53.6K $6500 $65.2K $11.9K $684 ----------- ---------------- C O L L E C T I O N S SUBNAME SUBCODE ECOA OPENED CLOSED $PLACED CREDITOR MOP ACCOUNT# VERIFIED BALANCE REMARKS ALLIED INT Y 758M009 I 12/07 $383 01 NATIONAL CITY 09B\ 40939068 1/08A $383 PLACED FOR COLLECTIO \ ----------------------------------------------------------- T R A D E S SUBNAME SUBCODE OPENED HIGHCRED TERMS MAXDELQ PAYPAT 1-12 MOP ACCOUNT# VERFIED CREDLIM PASTDUE AMT-MOP PAYPAT 13-24 ECOA COLLATRL/LOANTYPE CLSD/PD BALANCE REMARKS MO 30/60/90 SEARS/CBSD D 6256443 3/01 $508 R09 5/08A $450 $342 I CHARGE ACCOUNT 12/07F $508 P AND L WRITEOFF DISCOVER FIN B 9616003 3/01 $2471 R09 5/08A $2000 $370 I CREDIT CARD 4/08F $1835 P AND L WRITEOFF https://www.creditsystem.com/falcon 5/22/2008 Page 2 of 4 CITIFIIQANCIA F 7212042 6/07 $10.2K 60M271 109 4/08A $10.2K I UNSECURED 3/08F $10.2K P AND L WRITEOFF CITI B 64DB002 11/06 R09 4/08A $3800 $804 I CREDIT CARD 12/07F $3259 CLOSD BY CRDT GRANTOR CIT BANK/DFS F 22ZEO01. 8/04 $1556 MIN47 3/08 543111111111 R05 7945011902200 4/08A $1500 $192 $149 05 11111111XIJI I CHARGE ACCOUNT $1556 44 0/ 1/ 2 DSNB MACES D 2A5TO01 5/00 $198 111111111111 R01 476257963 5/08A $1300 $0 111111111111 I CHARGE ACCOUNT 5/07P $0 48 0/ 0/ 0 GEMS/JCP B 235058D 6/01 $650 111111111111 R01 148620 5/08A $1700 $0 111111111111 I CHARGE ACCOUNT 11/07P $0 48 0/ 0/ 0 OCWEN LOAN B 813P004 5/03 $50.OK 360M341 111111111111 M01 32785578 4/08A $0 112111111111 I CONVENTIONAL REAL $47.1K 48 1/ 0/ 0 THD/CBSD B 26H3005 11/01. $324 MIN10 111111111111 R01 603532007103 4/08A $300 $0 111111111111 I CHARGE ACCOUNT $226 48 0/ 0/ 0 CAP ONE B 1DTV001 10/03 $578 MIN15 111111111111 R01 4/08A $500 $0 111111111111 I CREDIT CARD $456 48 D/ 0/ 0 CRDT FIRST A 3835003 10/04 $393 111111XIIIII R01 59349 12/07A $1200 $0 1111111 I CHARGE ACCOUNT 11/07P $0 38 0/ 0/ 0 CITIFINANCIA F 7212001 11/06 $10.OK 60M271 1111111 I01 6/07A $0 I UNSECURED 6/07C $0 CLOSED DUE TO REFIN 7 0/ 0/ 0 HSBC BANK B 7991189 1/07 $0 R01 1/07A $300 $0 I CREDIT CARD 1/07C $0 ACCT CLSD BY CONSUMER CITIFINANCIA F 7212001 7/06 $8311 60M233 lill I01 11/06V $0 I UNSECURED 11/06C $0 ACCT CLSD BY CONSUMER 4 0/ 0/ 0 TRIAD FINANC F 1NNX001 4/03 $10.8K 60M282 11111111111X I01 40000150036940001 9/06V $0 111111111111 I AUTOMOBILE ----------------------------------------------------------- 9/06C $0 CLOSED 40 0/ 0/ 0 I N Q U I R I E S DATE SUBCODE SUBNAME DATE SUBCODE SUBNAME 5/22/08 ZNP3343169(FLA) MERIT CREDIT 3/23/08 YPE3498043(IND) ENCORE RECEI 5/18/07 ZSM0049997(WIL) CBD 3/28/07 ZCI0001126(DAY) CSC CRDT SVC 1/25/07 ZCO5635118(CAL) FAC 1/03/07 ZLA8180091(CAL) CRTFD CRDT 11/20/06 ZC05635118(CAL) FAC :11/16/06 ZC05635118(CAL) FAC 11/15/06 ZLA8180091(CAL) ----------------- ____________________________________________________________ CRTFD CRDT : 7 / 2 0 / 0 6 ZLA8180091(CAL) CRTFD CRDT C R E D I T R E P O R T S E R V I C E D B Y TRANSUNION 800-888-4213 2 BALDWIN PLACE P O. BOX 1000,CHESTER, PA 19022 Consumer disclosures can be obtained online through TransUnion at: https://www.creditsystem.com/falcon 5/22/2008 Page 3 of 4 hutp://www.transunion.con„direct ------- CREDITOR CONTACT INFORMATION ALLIED INT YC758M009 (561) 671-2120 300 CORPORATE EXCH COLUMBUS OH. 43231 SEARS/CBSD DC6256443 8725 W SAHARA AVE THE LAKES NV. 89163 DISCOVER FIN BC9616003 POB 15316 WILMINGTON DE. 19850 CITIFINANCIA FZ7212042 (800) 233-6903 P.O. B 499 HANOVER MD. 21076 CITI BC64DB002 (800) 843-0777 POB 6241 SIOUX FALLS SD. 57117 CIT BANK/DFS FZ22ZE001 (800) 283-2210 ONE DELL WAY ROUND ROCK TX. 78682 DSNB MACYS DC2A5T001 3039 CORNWALLIS RD DURHAM NC. 27709 GEMB/JCP BC235058D (800) 542-0800 PO BOX 981402 EL PASO TX. 79998 OCWEN LOAN BM813P004 (800) 809-3255 12650 INGENUITY DR ORLANDO FL. 32826 THD/CBSD BZ26H3005 PO BOX 6497 SIOUX FALLS SD. 57117 CAP ONE BCIDTV001 (800) 955-7070 POB 30281 SALT LAKE CITY UT. 84130 CRDT FIRST AZ3835003 (216) 362-5000 POE 81083 CLEVELAND OH. 44181 CITIFINANCIA FZ7212001 (800) 922-6235 PO BOX 499 HANOVER MD. 21076 HSBC BANK BC7991189 (800) 477-6000 PO BOX 5253 CAROL STREAM IL. 60197 TRIAD FINANC FAINNX001 (800) 879-9756 7711 CENTER AV HUNTINGTON BEA CA. 92647 ENCORE RECEI Y 3498043 400 N ROGERS RD OLATHE KS. 66063 CBD Z 0049997 (410) 742-9551 530 RIVERSIDE DR SALISBURY MD. 21801 CSC CRDT SVC Z 0001126 (800) 753-1325 205 W FOURTH STREE CINCINNATI ON. 45202 FAC Z 5635118 (800) 637-2422 12395 FIRST AMERIC POWAY CA. 92064 CRTFD CRDT Z 8180091 (909) 371-3911 1180 OLYMPIC DR CORONA CA. 91719 END OF TRANSUNION REPORT MERIT CREDIT HAS RETRIEVED THE ABOVE PERSONAL CREDIT REPORT FOR LICENSING PURPOSES AS REQUESTED BY THE BUSINESS OWNER/PROPRIETOR. PUBLIC RECORDS FOR THIS REPORT HAVE BEEN CHECKED AND VERIFIED AT THE COUNTY, STATE AND FEDERAL LEVELS. PUBLIC RECORDS HAVE ALSO BEEN VERIFIED FOR PINELLAS COUNTY. PUBLIC RECORDS LEARNED SOURCES OF INFORMATION: CREDIT DATA SERVICES, INC/EXPERIAN IRS LIEN SECTION COUNTY COURTHOUSE RECORDS IF YOU HAVE ANY QUESTIONS REGARDING THIS REPORT, PLEASE CONTACT MERIT CREDIT AT: 1-800-371-3348 OR (239) 277-3202. https://www.creditsystem.com/falcon 5/22/2008 PLepared By: Merit Credit (239) 277-3202 (800) 371-3348 TRANSUNION CREDIT REPORT [FOR] [SUB NAME] (I) Z NP3343169 MERIT CREDIT [SUBJECT] SINCLAIR, NOEL R. JR. [MKT SUB] [INFILE] [DATE] [TIME] 16 MI 9100 05/22/08 13:09CT [SSN] (BIRTH DATE] 138-92-7166 12/80 [TELEPHONE] 509-4526 (CURRENT ADDRESS] 4401 PINEWOOD AV., WEST PALM BEACH FL [FORMER ADDRESS] 4531 PINEWOOD AV., WEST PALM BEACH FL [CURRFNT EMPLOYER AND ADDRESS] PONE ROY ELCTRIC [FORMER EMPLOYER AND ADDRESS] TERRACE ELECTRIC ------------------------------------ S P E C I A L M E S S A G E S ***ADDRE [DATE RPTD] 33407 1/07 33407 9/00 [RPTD] 4/06 8/04 SS ALERT: CURRENT INPUT ADDRESS DOES NOT MATCH FILE ADDRESS(ES)*** --------------------------- ------------------------- ________ -`- M O D E L P R O F I L E * * * A L E R T ***FICO CLASSIC 04 ALERT: SCORE +465 : SERIOUS DELINQUENCY, AND PUBLIC ***RECORD OR COLLECTION FILED; TIME SINCE DELINQUENCY IS TOO RECENT OR ***UNKNOWN; PROPORTION OF BALANCES TO CREDIT LIMITS IS TOO HIGH ON BANK ***REVOLVING OR OTHER REVOLVING ACCOUNTS; NUMBER OF ACCOUNTS WITH ***DELINQUENCY *** IN ADDITION TO THE FACTORS LISTED ABOVE, THE NUMBER OF ***INQUIRIES ON THE CONSUMER'S CREDIT FILE HAS ADVERSELY AFFECTED THE CREDIT ***SCORE. ---------------------- --------------------------------- _________ C R E D I T S U M M A R Y *** TOTAL FILE HISTORY PR=O COL=1 NEG=5 HSTNEG=2-4 TRD=15 RVL=10 INST=4 MTG=1 OPN=O INQ=10 HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY PAY AVAILABLE REVOLVING: $3699 $6500 $2238 $192 $72 66% MORTGAGE: $50.OK $ $47.1K $0 $341 CLOSED W/BAL: $15.8K $11.7K $271 TOTALS: $53.6K $6500 $65.2K $11.9K L ----------------------------------------------- ----------------- L E C T I O N S SUBNAME SUBCODE ECOA OPENED CLOSED $PLACED ACCOUNT# VERIFIED BALANCE ALLIED INT Y 758M009 I 12/07 $383 40939068 1/08A $383 T R A D E S SUBNAME SUBCODE OPENED HIGHCRED TERMS MAXDELQ PAYPAT 1-12 MOP ACCOUNT# VERFIED CREDLIM PASTDUE AMT-MOP PAYPAT 13-24 ECOA COLLATRL/LOANTYPE CLSD/PD BALANCE REMARKS NO 30/60/90 SEARS/CBSD D 6256443 3/01 $508 5/08A $450 $342 R09 I CHARGE ACCOUNT 12/07F $508 P AND L WRITEOFF DISCOVER FIN B 9616003 3/01 $2471 5/08A $2000 I CREDIT CARD 4/08F $1835 CREDITOR MOP REMARKS 01 NATIONAL CITY 09B PLACED FOR COLLECTIO ----------------------- $370 P AND L WRITEOFF R09 Page 1 o https://www.creditsystem.com/falcon 5/22/2008 ftszsF-"'s�irw�, K C�. � r! ,.3 REPRESENTING ALEX St NK CHIEF FINANCIAL OFFICER STATE OF FLORIDA EXEMPTION APPLICATION RECEIPT This receipt ONLY confirms that the applicant listed below has submitted an application for exemption from the provisions of the workers' compensation law to the Division of Workers' Compensation. THIS RECEIPT DOES NOT CONSTITUTE PROOF THAT AN EXEMPTION HAS BEEN ISSUED TO THE APPLICANT, AN EXEMPTION SHALL BECOME EFFECTIVE WHEN ISSUED BY THE DEPARTMENT. DATE RECEIVED:(Y0-- I U _0 APPLICANT'SNAME: O'd SlYl'bai,( BUSINESS NAME:3'T C l ' r Receipt Completed By: M MICW 1":�) The Division has 30 days to review your application. The Division will either issue a Certificate of Election to be Exempt or notify you by mail that your application is incomplete and what information or documents are needed to complete the application. The Division reviews and processes exemption applications in the order they are received. You can visit the Division's website at http://www.myftoridacfo.com/WC / and click on the Proof of Coverage icon. As soon as the Division issues your exemption, it will be reflected on the Proof of Coverage database and your Exemption Certificate will be mailed to you the day after it is issued. The exemption application was received at the following Division of Workers' Compensation Office: Bureau of Compliance 3111 S. Dixie Hwy. Suite 123 West Palm Beach, FL 33405 PAID _ Telephone (561) 837-5716 RECEIVED MAY 162008 ®°�eeu Vest PI M 082,4plch ce NOTICE OF ELECTION TO BE EXEMPT [lease or a instructions before completing this application. Print legibly in each data entry field. If this application contains incomplete or inaccu ate mtormatfon or if the handwriting Is not legible, it may cause a delay In the issuance ofyour exemption. SECTION 1:-- Applicant Name (please print): Applicant's social security number; _ Applicant's E-mail address (optional): SECTION 2: 1 am applying for exemption as a (You must check only one box in this section): CO TRUCTION INDUSTRY ($50 F Officer of a Corporation (Title):REQUIRED) i^iiS p✓u-�' -OR- El Member of a Limited Liability Company (LLC) NON -CONSTRUCTION INDUSTRY (NO FEE REQUIRED) ❑ Officer of a Corporation (Title): The Division will accept a money order, a cashjer's check, or an electronic payment made payable to the DFS WC Administration Trust Fund. An officer electing an exemption under Chapter 440, Florida Statutes is not entitled to benefits under this chapter. SECTION 3. The corporation of which you are an officer or the limited liability company of which you area member must be registered and in an active status with the Florida Division of Corporations. Applicants applying as an officer of a corporationmust be listed as an officer of the Corporation with the Florida Division of Corporations. List the document number (document number shovp©n ur mnF u I port) one le with the Florida Division of Corporations. FtN4This exemption application applies only to the person signing the application, the Corporation/LLC that is listed scope of business or trade listed: / y- f ration or LLC: S / GG r�� ���G / �/eG rAle' I FEIN: )/ ASueGlbl EKED WITNTUE FLORIDA DIVISION OFCORFORATIONS _ e: i/Y/ Phone: fJ%F)615b1rJ 7 IF APPLICA LE- LIST FIC'n TIOUS NAME; DOING a SINESS AS(DBA); ALSO KNOWN AS NAME(AKA) _ //� / /� l ®7 T/ 5 dress of Record: �- `I IQj %� C 3�• y / INCLUDEAPARTMENT OR SMITE NUMBER City: _ State: 7 Zip: County: Scope of Business or Trade: 1. �L y �'�„�� 2 3. 4. _ SECTION 5. List all certified or registered licenses issued pursuant to Chapter 489, F.S. held by the applicant, or the cerli tied or registered license numbers held by the qualifier for the corporation or LLC listed on this application of which the applicant is a corporate officer: SECTION 6. If -you have sub fitted an electronic payment for this application, write the transaction confirmation number in the following space: SECTION 7. Are you affiliate with any corporation (including LLC) other than the corporation (including LLC) to which this application applies? ❑Yes No I F YES, PLEASE LIST fHE NAME(s) AND FEIN(s) OF THE AFFILIATED CORPORATION(s) OR LLC(s): NAME: FEIN: SECTION 8. If your corporation or LLC is engaged in the construction industry, you must provide the required proof of ownership in the corporation or LLC. A. To be eligible for a construction industry exemption as an officer of a corporation, the applicant must be a shareholder, owning at least 10% of the stock of the corporation. A COPY OF A STOCK CERTIFICATE EVIDENCING THE REQUIRED OWNERSHIP MUST BE ATTACHED. B. To be eligible for a construction industry exemption as a member of a limited liability company, the applicant must confirm ownership of at least 10%of the company. THE REQUIRED OWNERSHIP MAYBE ESTABLISHED BY PRODUCTION OF DOCUMENTATION REFLECTING THE REQUIRED OWNERSHIP, OR BY J SUBMITTING A STATEMENT ATTESTING TO THE REQUIRED OWNERSHIP. THIS APPLICATION IS CONTINUED ON PAGE 2 OWC 250, NOTICE OF ELECTION TO BE EXEMPT— REVISED 0112008 ftmww�.,a MAY 16 2008 suvau Of COmP►Wnce West Rahn Moe, k NOTICE OF ELECTION TO BE EXEMPT - Page 2 SECTION 9. FRAUD NOTICE A. Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee, insurance company or any other person, files a notice of election to be exempt containing any false or misleading information is guilty of a felony of the third degree. B. Attestation of applicant - By signing Jh�low, I attest that I have read, understand and acknowledge the foregoing notice. �� SIGNATORE OF APPLICANT SECTION 10. You must identify the workers' coon- p>zgsrn insurance carrier that covers any non-exempt employees ul lour business- Carrier Name: AFFIDAVIT OF APPLICANT: I hereby certify that the information contained herein is true and correct to the best of nTy knowledge and behf; that this election does not exceed exemption limits for corporate officers, including any affiliated corporation,oas provided in 144.02 Florida Statutes. ....... ___-- NO J Mvl �mComm# DpQT?w APP T'S SIG I1RE Explip"411r6 012 � DATES .NED A ...Inc NOTARY STATE OF FLORIDA, COUNTY �•�'^"' Sworn to and subscribed before me this day of by , cJL� , by (� Personally Known__ OR Produced Identification ;�' Tybe of IdentificationL �L / Produced _ NOTARY SIGNATURE My Commission Expires QOt — I (case marl or submit your complete appl canon, application fee, and any required attachments to the district office neares tr place of business. 4415 Metro Parkway, Suite 300 921 North Davis Street 401 NW 2^" Avenue Ft. Myers FL 33916 Building B, Suite #250 Suite #321, South Tower Telephone (239) 938-1840 Jacksonville, FL 32209 Warni FL 33128 610 E. Burgess Road Telephone(904) 798-5806 Telephone(305) 536-0306 Pensacola, FL 32504-6320 Telephone (850) 453-7804 3111 S. Dixie Highway, Suite # 123 West Palm Beach FL 33405 Telephone (561) 837-5716 Live Oak Business Center 5969 Cattlemen Lane Sarasota FL 34232 Telephone (941) 329-1120 1313 N. Tampa Street. Suite # 503 Tampa FL 33602 Telephone (813) 221-6506 400 West Robinson Street Roan #512, North Tower Orlando FL 32801 Telephone (407) 835-4406 or (407) 245-0896 499 Northwest 70- Ave., Suite # 116 Plantation FL 33317 Telephone (954) 321-2906 1111 NE 25^ Ave., Suite # 403 Ocala FL 34470 Telephone (352) 401-5350 TALLAHASSEE SUBMITTERS Walk-in submswons 2012 Capital Circle SE Suite #102, Hartman Bldg. Tallahassee FL 31399-2161 Telephone (850) 413-1609 Malin subnassions. 200 East Gaines Street Tallahassee FL 32399-4228 Telephone (850) 413-1609 "The collection of the social security number on this form is specifically authorized by Section 440.05(3), Florida Statutes. The social security number will be used as a unique identifier in Division of Workers' Compensation database systems for individuals who have applied for and/or been issued a Certificate of Election To Be Exempt. It will also be used to identify, information and documents in those database systems regarding individuals who have applied for and/or been issued a Certificate of Election To Be Exempt for internal agency tracking purposes and for purposes of responding to both public records requests and subpoenas that require production of specified documents. The social security number may also be used for any other purpose specifically required or authorized by stale or federal law." DWC 250. NOTICE OF ELECTION TO aE EXEMPT -REVISED 01/2008 Control Number: Postmark Date: Payment Number: Received Date: a EGEIVE® MAY 16 2608 Bureau of Compliance West Patin Beach ACORD. CERTIFICATE .,r LIABILITY INSURANCE 511mMIDD6/VYVY) 2008 5 1 PRGOUGER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURANCE MATTERS OF FL. II INC. PO Box 4568 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boynton Beach, FL 33424-4568 561 736-2277 INSURERS AFFORDING COVERAGE NAIC# INSURED ST.CLAIR ELECTRIC INC. INSURERA: NATIONAL GROUP INS CO INSURER B'. 2911 B AVE NE 4401 PINEWOOD AVE INSURER c. NAPLES, FL. 34120 1INSURER D: NSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD'L NSftO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 00 000 ''. X COMMERCIAL GENERAL LIABILITY I CLAIMSMADE CI OCCUR PREMISES Ea ocw�— $ 100,000 1 MED EXP(Anyone person) $ rj 000 A 4783 05/18/08 05/18/09 PERSONAL aADVINJURY $ 1 000 000 GENERAL AGGREGATE $ 1 000 000 . GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JEST LOG PRODUCTS-COMP/OPAGG $ 1 000 000 AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ' ALLOWNEOAUTOS SCHEDULED AUTOS BODILY INJURY (Peraccidenl) $ I HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Peraccident) $ GAl GELIABIUTY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTOONLV: AGO E%CESS/UMBRELLA LIABILITY OCCUR ❑ CLAIMSMADE EACH OCCURRENCE S AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ _ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY WC TA U- TH- TORYLIMITSDENT ER ELCHEAACCI $ ANY PROPRIETOR/ R/E%ECUTIVE E.L. DISEASE - EA EMPLOYE $ I OFHOER/MEMRER EXCLUDED? I SPECIAL PROVISIONS below ELDISEASE - POLICY LIMIT $ OTHER i DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS STATE OF FLORIDA $500 DEDUCTIBLE PROPERTY DAMAGE LIABILITY ELECTRICAL SERVICES *EXCEPT FOR NON PAYMENT OF PREMIUM 10 DAYS CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY CONTRACTORS LICENSING BOARD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSf ER WILLTO MAIL30 DAYS WRITTEN 2800 N HORSESHOE DR NOTICE TO THE R FI LD RNAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL NAPLES, FL.34104 IMPOSE NO OBLI 10I BIL V OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE I AUTHORIZED PEER ENTATI ACORD25(2001108) N \— ©ACORD CORPORATION 1988 COLLIER COUNTY BUSINESS TAX RECEIPT NUMBER: 080061 COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 403-2477 VISIT OUR WEBSITE AT: www.colliertax.com 18.00 THIS RECEIPT EXPIRES SEPTEMBER 30, 2009 DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS. LOCATION: 2911 8TH AVE NE ZONED: HOME OCCUPATION i THIS TAX IS NON-REFUNDABLE - BUSINESS PHONE: 239-287-2617 COUNTY LIC: 32951 NUMBER OF EMPLOYEES: 1-10 EMPLOYEES CLASSIFICATION:ELECTRICAL CONTRACTOR CLASSIFICATION CODE: 02100601 CLAIR ELECTRIC, INC NOEL 2911 8TH AVE NE %. a•�s This document is a business tax only. This is not certification that licerlfiee It does not permit the licensee to violate any existing regulatory zoning la nor does it exempt the licensee from any other taxes or permits that may be PA I DJUN30MOO FL 34120 %rP COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fas (239) 403-2469 June 5, 2008 HAND DELIVERED Noel Sinclair 2911 8"' Ave. NE Naples, FL 34120 RE: Review of credit report Dear Mr. Sinclair: You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, June 18, 2008. The meeting is held at 9:00 a.m. at the W. Harmon Turner Building (Bldg. F, Admin. Bldg.), 3101 E. Tamiami Trail, Naples, FL in the Commissioner's Meeting Room on the 3`d floor. If there are any questions, please call (239) 252-2432. Sincerely, Maggie Wright Customer Service Specialist Contractors' Licensing c o rV1 Ti I c 11 Alke 4Pt is tv A(S Hwy /die !✓i f seo �z js r�' Sul, /4-E C�.1 G [^d•y/ r 2f� / 2 NQ a e egiGln �caGC7 ve 'eq u Ala iii /,�,��✓ft w�aL� j� � i�, lam✓ t7 -,L- �-�t ✓1� �Z� � � / � L / dry Ong ts/ ,41 IS Ablmen CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Petitioner, vs. Patrick H. Atchison D/B/A Patrick Atchison Carpentry, Inc. Respondent (s) CASE NO. 2009-11 LICENSE NBR.: 21277 ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against Patrick H. Atchison, d/b/a Patrick Atchison Carpentry, Inc., (hereinafter Respondent), License Number 21277 and says: COUNT 4.1.2- 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. COUNT II COUNT III COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 90-10 of Collier County, Florida, as amended. OWN Director or his/her Designee Collier County Bldg. Review & Permitting Case # 2009-11 Summary Patrick H. Atchison D/B/A Patrick Atchison Carpentry, Inc. On August 10, 2009 I, Ian Jackson, met with Frank and Shirley DeCaro, owners of property located at 609 915t Ave N. Our meeting regarded a leaking flat roof (E11) and water damage in the interior of the home. While reviewing documentation pertaining to the history of the roof, it was discovered that a Carpentry Contractor, Patrick Atchison, performed a repair to the roof between the dates of July 18, 2009 and July 29, 2009 (E4 and E5) in an attempt to fix the leaking flat roof. The contract for the roof repair was for $2300.00, of which $1100.00 had been paid as a deposit (E4 and E5). Ultimately, the roof work performed by Mr. Atchison failed (E9), causing Mr. and Mrs. DeCaro to hire Affordable Roofing of S.W. FI. (E10) To repair the flat roof (E12 and E13). Case # 2009-11 Table of Contents E1 / E2- Formal Complaint. E3- Certificate Detail Report. E4- Original contract. E5- Contract showing exclusion of work on interior door. E6- Hand delivered Notice of Hearing. E7- Ord. 2006-46 Sec. 1.6.2.2- Roofing Contractor definition. E8- Ord. 2006-46 Sec. 1.6.3.6 -Carpentry Contractor definition. E9- Photo of roof repair performed by Mr. Atchison at completion. E10- Sworn statement by John Leonard, owner of Affordable Roofing of SW FI, verifying authenticity of E9. Ell -Photo of subject flat roof. E12- Photo of completed repair. E13- Photo of completed repair. CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE NAPLES, FLORIDA 33942- COMPLAINT NUMBER COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A LWORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/HER DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE FORM PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE. OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE WITH PARTICULARITY WHICH SECTION(S) OF THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN VIOLATED BY THE CONTRACTOR AND THE ESSENTIAL FACTS IN SUPPORT THEREOF. COMPLAINT PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE C OMPNT. DATECOM AGAINST: - n II^ //'�- �^ CONTRACTOR'S NAME: ie,JI(IL ,NT(,L�IIS�N PHONE: BUSINESS NAME: pafrl(c /}^i'66SI Ckl(jf�j .I,{.4 141( , LICENSE NUMBER IF KNOWN: 2ILl� COLLIER CO. COMPETENCY #: CONTRACTOR'S BUSINESS ADD FILED BY: NAME: T-I, H * 6 1 FI 33J 12 HOME PHONE: ADDRESS: �E�G�D 1V Nc'�// BUS. PHONE: LJNZJZ'Z'� ADDRESS WHERE WORK DONE: CITY: Q 'PrS I ,p COUNTY DATE OF CONTRACT �J I�y �Q�q DATE JOB STARTEDAblwfu�L p DATE JOB COMPLETED OR NEW HOME OCCUPIED � 14 0q �I - WERE THERE PLANS AND SPECIFICATIONS? ES IS THERE A WRITTEN CONTRACT? CS IF YES, AMOUNT OF CONTRACT 2i40," - HAS CONTRACTOR BEEN PAID IN FULL?_n_ IF NOT, WHAT AMOUNT? ilhC WAS A BUILDING PERMIT OBTAINED?_Q_ WHO OBTAINED BUILDING' PERMIT? NA - —PERMIT # IF KNOWN L4 _ HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE? ,Yb �-1 DATE f�ZO(� _DO YOU HAVE HIS REPLY?GCS 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)__ 4.1.2. 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. PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:- (LIST FACTS SEPARATELY FOR SUBSECTION NUMBER ABOVE) 5+ e (IF ADDITIONAL SPACE IS N F (C STATE OF COUNTY OF USE SEPARATE 'S S Sworp to (or affirmed) and subscribed before me this I'll- day of by_�tl'ItkX)tj (name of person making statement) NEE] of F10640n471S TUR OF NOTARY PUBLIC PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC) Personally known or Produced identification E1 Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA 21277 PATRICK H. ATCHISON PATRICK ATCHISON CARPENTRY, INC DETAIL CLASS CODE CLASS DESC 4050 CARPENTRY CONTR. ORIG ISSD DATE 6/20/2000 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 9/30/2009 COUNTY OL EXEMPT N CNCL DATE COUNTY OL NBR 993409 REINSTATE DATE PHONE (239)267-7225 MAILING ADDRESS 18565 COCONUT RD. FT. MYERS COMPANY PARLIN INSURANCE AGENCY PHONE (239)263-3141 POLICY NUMBER 10092008AP 563701 INSURANCE LIMITS 2,000,000 WC EXEMPT Y COMPANY PHONE COUNTY OL EXP DATE 9/30/2009 DBA FAX PHYSICAL ADDRESS 18565 COCONUT RD. FL 33912- FT. MYERS LIABILITY INSURANCE EXP DATE 10/9/2009 EFFECTIVE DATE 10/9/2008 CNCL DATE WORKERS COMPENSATION INSURANCE POLICY 'ollier County Board of County Commissioners :D-plus for Windows 95/NT EXP DATE EFFECTIVE DATE STATUS ACTIVE STATE NBR STATE EXP DATE OTH OL NBR OTH OL EXP DATE FL 33912- CNCL DATE Printed on 8/10/200 11:36:23AM Page 1 E- ____-------��--------------� �ax COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 Hand Delivery Date: 8/20/09 Patrick H. Atchison D/B/A/ Patrick Atchison Carpentry, Inc 18565 Coconut Rd. Ft. Myers, FI. 33912 RE: Complaint filed against you by Collier County Contractor Licensing, Dear Mr. Atchison: A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on October 21, 2009 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s) 4.1.2 of Ordinance # 2002-21, as amended, the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate # 21277 and/or suspensi nor revocation of your permit privileges against your state license # N/A, Sinter I , Ian Jac on Licensing Compliance Officer phone# 239-252-2451 /mw c H, LAF ?+lean Document facts rA+Irniow I " 1 46 :# 1l6% - +,f l:kl I, -- repair, servicing, or design, when act prohibited by law, of ferrous or nonferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not. limited to, fiberglass, used in heu thereof and of air -handling systems including the setting of air -handling equipment and reinforcement of same and including the balancing of air -handling systems and any duct cleaning and equipment sanitizing which requires at least a partial disassembly of the system. This definition and qualifications does not include roofing. Placement of fire safing and fire stopping materials shall be permitted on wall, ceiling and floor Penetrations created within the scope of the work allowed by this section. 1.6,2.2. Roofing Contractor requires thirty-six (36) months experience, a passing grade oa W`dw'e&+I hour an approved test and a passing grade on a twe-(2) hBur business and law test and means any person whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when nor prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing and roof waterproofing and coating, except when coating is not represented to protect, repair, waterproof, slap leaks, or extend the life of the roof. 1.6.2.3. Mechanical Contractor requires forty-eight (48) months experience as a licensed Juurneyman or equivalent, a passing grade on a ma (6) hedi an approved test and a passing grade on a $we P) heur business and law test and means any person whose services are unlimited in the execution of wnrracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with a complete system only to the extent such duct work is perfumed by the contractor as is necessary t (Scarf FN a., (i,j 4 �. Inbox Microsoft Outlopk I.�CD-Plus fw"OdOWS 1 J2(gb96.pdf Adpbp Re,::) <yl' 10ntAM Tuesday, Sep 01, 2009 10:11 AM r add t i I5 J 46 3 116% _ Fi, 1•�no IIM W11111 commercral bMlZrngs avmg a square footage of not more than 5.0w square feet. 1.6.3.5. Cabinet Installation Contractor requires twenty-four (24) months experience with passing grade on a twe43}heae business and law test and means my person who is qualified to manufacture, assemble, install, dismantle, maintain, adjust, alter, extend, and design cabinets and millwork. The scope of permitted work shall include, but not be limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops, office furniture, and millwork items which have been manufactured for installation onjob site locations. 1.6.3.6. Carpentry Contractor requires thirty-six (36) months experience with a passing grade on ems{?.) haw en eooroved test and a passing grade on a fweja)} cur business and law test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural woad and metal non-structural trusses, sheathing, paneling, trim, metal framing, and cabinetry. placement of fire sating and fire stopping materials shall be permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by this section. 1.6.3.7. Garage doors installation Contractor requires twelve (12) months experience with a passing grade an a twe43)-hear business and law test and means any person who is qualified to install, repair, adjust or extend garage doors. 1.G3.8. Commercial Cooking Equipment Exhaust Hood hrstallauon Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor; or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work, replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system, the contractor sh I be cedifrrd by thr. Mn 111ia cr�i.. _. {;:tn6nk•tAcosafEutbok.�CPWsfw Windows�!}�2otis•%ad`Ada6aiiir„=` _.. -+a-1 Tuesday, Sep 01, 2009 10:12 AM E-� lop i �-9 COMPLIANCE SERVICES I STATEMENT FORM)J II My name is: ���✓� L'Ccn. /!/L� C u,- AFForLAu? �L. I live at: r'1,30 S lJ 3-�r�' Te.rr CAPe Cori L My phone number is: 23cr- 8�L 1_6�� My social security # is: My date of birth is: 6-24- 6 1 My drive�LicenseToday is (Mo./dt/yr)a;lN�ilY a !nr talking t n �grkSt9h -1 dii Iv fii A � ��(� m_5__- VXA -,I I nU 01 + I Y--12-6cl T/— 4 0-acko S�owe�l e� 17-/A ✓��-z` C e �i« �Y ✓ Iglj /1 i r36F1, Zo Fk4- o. /,. COUNTY OF COLLIER The forego statement was acknowled gd before me this day o �eab 7� g y ° t� L �� s produced �/ �- as identification and who did (did not) take an oath. i (Signalre of Notary P ic) � �✓' / / �7 / `7`/- �..• M8r9 Pudic right FbnUa ^-r •� �aii •'✓ Wi/• /�- / Me Cw"ib Wright Q Ex Can08MD0679226 (Print he of Notary b ic) °" E�' 0&'062010 NOTARY PUBLIC Serial/Commission # My Commission Expires: (NOTARY'S SEAL) ml� CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Petitioner, vs. Alva Lee Porter D/B/A Al Porter Commercial Painting, Inc. Respondent (s) CASE NO.- 2009-12 LICENSE NBR.:- 12053 ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against, Alva Lee Porter d/b/a Al Porter Commercial Painting, Inc., (hereinafter Respondent), License Number 12053 and says: COUNT 4.1.2 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. COUNT 11 COUNT III COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 90-10 of Collier County, Florida, as amended. Dated: 9-1-09 1, — Director,or his/her Designee Collier County Bldg. Review & Permitting Case # 2009-12 Alva Lee Porter D/B/A Al Porter Commercial Painting, Inc. Summary On 8/25/09 I, Ian Jackson, received a call from City of Marco Island Structural Inspector, Kim Ferris, regarding unpermitted concrete restoration being performed at 901 S. Collier Blvd. by an unknown contractor. Upon arrival, I observed employees of Al Porter Commercial Painting, Inc. utilizing concrete grinding and/or cutting equipment on engineered, elevated, concrete decks on the commercial building. Due to the lack of the required Building Permit for this work, Kim Ferris issued a City of Marco Island Stop Work Order. Due to the structural aspects of the job and the height of the building a General Contractor will be required to obtain the required Building Permit with engineering for the concrete restoration included. I then spoke with Foreman for Al Porter Commercial Painting, James Ketis and Alva "Al" Porter where I explained the Stop Work Order and what would be required to commence work. Later research into the Painting Company revealed the same contractor had committed the same violation in May of 2007. Based upon the previous violation this case would be heard at the October Contractor licensing Board meeting. A letter was mailed to Mr. Porter on 8/25/09 notifying him of the violation and the Contractor Licensing Board Hearing scheduled for October. Case # 2009-12 Alva Lee Porter - D/B/A Al Porter Commercial Painting, Inc. Table of Contents E1 & E2- Formal Complaint E3- Certificate Detail Report E4- Notice of Hearing E5- Signed Return Receipt E6- Ordinance 2006-46 Section 1.6.3.30. Painting Contractor definition E7- Ordinance 2006-46 Section 4.1.2. Violation of Ordinance E8 through E19- Photos of concrete restoration CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE NAPLES., FLORIDA 33942- COMPLAINT NUMBER_ Z009- Iz COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A LWORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/HER DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE FORM - PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE WITH PARTICULARITY WHICH SECTIONS) 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 I 1 I L'�i AGAINST: CONTRACTOR'S NAME: / PHONE: 7-3�I `,�q ( - Z j BUSINESS NAME j i lljjt1C41 , � D 00.' LICENSE NUMBER IF -KNOWN: - COLLIER CO. COMPETENCY #: .CONTRACTOR'S BUSINESS ADD L•dPz)l _LL 41+ HOME PHONE: ADDRESS: Uod �•lIgl lof BUS. PHONE:_ 31-Z.Z-Z¢S1 ADDRESS WHERE WORK DONE: CITY: _..�LO IS�OI1 I',,, COUNTY DATE OF CONTRACT 0000101 DATE JOB STARTED_. D IZJ II�UI �-I' DATE JOB COMPLETED Qa NEW HOME OCCUPIED 0 WERE THERE PLANS AND SPECIFICATIONS?_ _IS THERE A WRITTEN CONTRACT?_IA IF YES, AMOUNT OF CONTRACT_ .Ili HAS CONTRACTOR BEEN PAID IN FULL?jg_ IF NOT, WHAT AMOUNT? hiM WAS A BUILDING PERMIT OBTAINED?jo_ WHO OBTAINED BUILDING' PERMIT? PERMIT # IF KNOWN HAVE .YOU COMMUNICATED BY LETTER WITH THE L1 DATE U DO YOU HAVE HIS REPLY? �` IPLEASE ATTACHTO 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) 4.1.2. 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, PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:^ (LIST FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) mm (IF ADDITIONAL SPACE IS ED, USE SEPARATE SHEET) ( PLAINANT'S SIGNATURE) STATE OF COUNTY OF "U1114'r- Sworn — to (or affirmed) and subscribed before me this /� day of _ 0406ZGOi , byZcoh�u LX911 ( (name of person making statement) yn .y Notary Public State of Florida � ?° 4; Margaret W Wright S TU OF NOTARY PUBLZ �c My Commission D0579226 4mn Expires 08106/2010 i� C4 C' PRINT,(TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC) Personally known or Produced identification r Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 12053 ALVA LEE PORTER AL PORTER COMMERCIAL PAINTING. INC. INACTIVE DETAIL CLASS CODE CLASS DESC 4270 PAINTING CONTR. ORIG ISSD DATE 4/4/1989 RENEWAL DATE EXPIRE DATE 9/30/2009 CNCL DATE REINSTATE DATE MAILING ADDRESS 1402 SHERWOOD DR. GREENFIELD COMPANY BEST INSURANCE PHONE (000)000-0000 POLICY NUMBER SPP2493351 INSURANCE LIMITS 2,000,000 COUNTY COMP CARD COUNTY EXP DATE 1207SC COUNTY OL EXEMPT N COUNTY OL NBR 882050 PHONE (239)591-2111 COUNTY OL EXP DATE 9/30/2009 mC' FAX PHYSICAL ADDRESS 372 JULI FE DRIVE IN 46140- NAPLES LIABILITY INSURANCE EXP DATE 7/3/2009 EFFECTIVE DATE 7/3/2007 CNCL DATE WORKERS COMPENSATION INSURANCE WC EXEMPT N COMPANY ALAN WILLIAMS & ASSOCIATES INS AGENCY IN PHONE (239)418-1100 POLICY Collier County Board of County Commissioners CD -plus for Windows 95/NT EXP DATE 11/21/2009 EFFECTIVE DATE 11/21/2008 CNCL DATE STATE NBR STATE EXP DATE OTH OL NBR OTH OL EXP DATE FL 34110 Printed on 8/25/200 3:06:59PM Page 1 r COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fxx (239) 403-2469 CERTIFIED MAIL# 70i7 oiro 000a 3t,48g4% RETURN RECEIPT REQUESTED Date: 8/25/09 Alva Lee Porter DB/A Al Porter Commercial Painting Inc 1402 Sherwood Dr. Greenfield In.46140 RE: Complaint filed against you by Collier County Contractor Licensing Dear Mr. Porter: A complaint has been filed against you by the above referenced individual A hearing of this complaint will be held by the Contractors' Licensing Board on October 21, 2009 at 9:00 AM in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s) 4.1.2 of Ordinance # 2002-21, as amended, the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate # 12053 and/or suspension or revocation of your permit privileges against your state license # N/A, AJa'c ,Iankson Licensing Compliance Officer phone# 239-252-2451 /mw C� ■ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the cans to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Agent ❑ Addressee B. waived by (Printed a C. to Delivery 1 1 �o �/W D. Is delivery address different from hem 1 Yes If YES, enter delivery address below: ❑ No I Irinlrllnnrl lrinlllnulrlrl �' I ' 1 Alv or er" 3. IN Certified Type 1402 Sherwood Dr. IN Certified Mali ❑Express Mail ' - ❑ Registered ❑ Return Receipt for Merchandise Greenfield, IN 46146 ❑ Insured Mail ❑ C.O.D. ._— 4. Restricted Dalivery7 (Extra Fee) ❑ yes 2. Article Number (rransfer fmm service label) 7007 0710 D003 3698 4496 I PS Form 3811. February 2W4 Domestic Return Receipt - Ar4 tn2sse-o2-M-tsae t__ Help ' T—�,— �g 119 k 96 - 41 R? ', lal % driving. Electrical service and wiring must be provided by a licensed electrical contractor. 1.6.3.28. Masonry Contractor requires thirty-six (36) months experience, a passing grade an annroved test and a passing grade on a Iwe+24 business and law test and means those who are qualified to select, cut, and Iny brick and concrete blink or any other unit masonry products, lay other baked clay products, rough cut and dress stone, anificial stone and precast blocks, glass brick or block, but who shall not pour or finish concrete. 1.6.3.29. Paving Blocks Contractor. liequires twenty-four (24) months experience in tltu respective construction plus a passing grade on a-thr a&f3}ltenr an amoroved test and a passing grade On a Iw'e42i4eur business and law test, and means those persons who are qualified to _ construct driveways, sidewalks, patios and decks, using concrete paving units. 1,6.3.30. Painting Contractor requires twenty-four (24) months experience, a passing grade on &-throe-(3}peut an aonmved test and a Passing g grade an a twe{a}pease business and tau test and means those who are qualified to use spraying equipment as well as hand tools to finish both exterior and interior work. A painting contractor may do paperhanging, sandblasting, waterproofing. and may clean and paint roof's. 1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty-six (36) months experience, a passing grade on a-0ueaf3}k[wr an approved test and a passing grade on a awe{2) hoar business and law test, and means those who an, qualified with [he experience and skill to construct roads, airport runways and aprons, parking lots, sidewalks. curbs and gutters, stone drainage facilities, and to perform the excavating, clearing, and grading incidental thereto. 1.6.3.32. Plastering and Stucco Contractor requires thirty-six (36) months experience, a Passing grade on a-tlrwa-(3}Itu[+r an RIMMOved test and a naapinn ornd. ..,, e...... ... ..__..... Tuesday, Aug 25, 2009 03:39 PM �� w G t constitutes prima facie evidence of an intent to evade the pmvfsiens of this Ordinance. Active participation requires job site supervision, knowledge of and participation in tho business Operations of the company(s), including all contractual matters. 4.1.1.1. if any individual qualifying any business organization ceases to be affiliated with such business organization, he shall so inform the Board, to addition if such individual is the only cortifted individual afffliated 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. 4.1.2. Contracting to do any work outside of the scope of Ids/6er competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing ➢mud. 4.1.3. Abandoning a construction project in which he/she is engaged or under contract as a contractor. A project may be presumed abandoned if the contractor terminates the project without just cause, or fails to notify the owner in wdiing of terra anan of the contract and basis for stone, or fails CO petfOrm work for ninety (90) cunsecutive days withoutiust cause and no said notice to rite owner. 4.1.4. Diverting funds or property received for the execution of a specific contract projeet or operation or diverting funds earmarked for a specified purpose to any other use whatsoever. Tuesday, Aug 25, 2009 03:08 PM _ CONTRACTORS' LICENSING BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS ) COLLIER COUNTY, FLORIDA, Contractors' ) Licensing Board ) Petitioner, ) Board of County Commissioners ) CASE NO. 2009-13 vs. ) LICENSE NBR: CC-31774 Neida L. White D/B/A: Daves Sprinkler Repair, Inc. Respondent (s) ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against, Neida L. White, D/B/A Daves Sprinkler Repair, Inc. (;hereinafter Respondent), License Number CC-31774, and says: COUNT 4.1.2. 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 Contractor's Licensing Board. COUNT II CK0III1041AII COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 2006-46 of Collier County, Florida, as amended. Dated: October 8, 2009 C� .991 Director or his/her Designee Collier County Bldg. Review & Permitting Case Summary 2009-13 Qualifier: Neida L. White D/B/A Daves Sprinkler Repair, Inc. On September 8, 2009, a preliminary complaint was filed by Dale Orphen, of 797 Portside Drive, Naples Florida. Mr. Orphen has a signed contract from Dave's Sprinkler Repair Inc., on 8/10/09 to remove existing grass from their home, and reinstall 50 pallets of Zoysia Sod. The contract calls for 50 per cent down of the ten thousand dollars per contract. Check was made out to Dave's Sprinkler Repair to install the Sod. Dave's Sprinkler Repair Inc., only holds a competency card for sprinkler work, which is a violation of 4.1.2., working outside the scope of his/her license. Mr. Orphen wants the sod removed, and his money refunded. The installation was not done properly by an unlicensed company. See Attached estimates from Exhibit E-17-18: 1. Sod Pro Inc. dated 9- 08-09 for removal and re -installation of Zoysia Sod. See Attached estimates from Exhibit E-19-20: 2. Greener Grass dated 9- 17-09 for removal and re -installation of Zoysia Sod. See Attached Exhibit E-21 which explains difference between Irrigation Sprinkler Contractor (1.6.3.24.) and Landscaping Contractor (1.6.3.25.) for Sod Installation. See Attached DVD Exhibit E-22, and photos from E-10 / E-16. CONTRACTORS' LICENSING BOARD _..2800_.N.. HORSESHOE.. DRIVE._.___ NAPLES, FLORIDA 33942 AI (Y( COMPLAINT NUMBER q /3 COM COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED COLLIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A EWORN COMPLAINT TO THE CONTRACTOR LICENSING SUPERVISOR, OR HIS/HER DESIGNEE. THE COMPLAINT SHALL BE IN SUBSTANTIALLY THE FORM PRESCRIBED BY THE CONTRACTOR LICENSING SUPERVISOR. THE COMPLAINANT SHALL PAY A FEE OF $50.00, TO DEFRAY THE COSTS OF ADMINISTERING THE COMPLAINT, AT THE TIME OF FILING THE COMPLAINT. THE COMPLAINING PARTY SHALL STATE WITH PARTICULARITY WHICH SECTIONS) OF THIS ORDINANCE HE OR SHE BELIEVES HAS BEEN VIOLATED BY THE CONTRACTOR AND THE ESSENTIAL FACTS IN SUPPORT THEREOF. �W PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE COMMP�LLA�I-NT. DATE O i aO0 AGAINST: CONTRACTOR'S NAME:- .G /On/i L/ �n�// �!A` PHONE: BUSINESS NAME: Il,-"S S/'IIJ�IKGe2 L(nn11/.//�//0� ,Z•I/ LICENSE NUMBER IF KNOWN: Co0;2t Aly7V '�3177Y' COLLIER CO. COMPETENCY #: J M y // CONTRACTOR'S BUSINESS ADDRESS: d.�(O our"oL NR-/ I/�• /'f / -prr, R- 2-?&2 FILED BY NAME: %%V(L fAl L,,2//N/A/e,rZC-�HJILOM/EV, PHONE: dsy_ al 14 it BUS. PHONE:P3n-2�OZl�ADDRESS: .SN ADDRESS WHERE WORK DONE: P/S/OF CITY: //✓// f /--L • COUNTY /!/ ��- DATE OF CONTRACT d /�0 /,�DO 7 DATE JOB STARTED DATE JOB COMPLETED OR NEW HOME OCCUPIED A10 -CUX WERE THERE PLANS AND SPECIFFICATIONS?V6 S IS THERE A WRITTEN CONTRACT.' Vcl IF YES, AMOUNT OF CON11��TRACT GO ODO. d HAS CONTRACTOR BEEN PAID IN FULL?�e) IF NOT, WHAT AMOUNT/41,- W 4M-00 WAS A BUILDING PERMIT OBTAINED?,A&/ WHO OBTAINED BUILDINGI PERMIT? PERMIT IF KNOWN HAVE YOU COMMUNICATED BY LETTER WITH THE LICENSEE? Wf t , � DATEN /'j a009 DO YOU HAVE HIS REPLY?116494L PLEASE ATTACH TO THIS FORM _ALL _COPIES OF -THE -PURCHASE_ AGREEMENT,,. BUILDING 'CONTRACT, HOME7 _.. 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) �{. Ac . 60AJfrL/feLA14 ✓'0 OU �t/�/ lA/)i�C D✓ifi0� d� ��i,� swe'd o� u%�/i 2 cd�roer��cy �s ci.my 6AI //;f/i x �fm� GTY✓J ,Qy r/f.E C�Ni132nG�ivc1 PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE OF MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:' (LIST FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) l�7A/TYIi/!Gi i1/G rd -Torng u ID 6aulF,rf D /-- Gl�i,fi/� ✓� SP/Ci%y�!l�/t- lit U.�/fiE D/1�/, � (IF ADDITIONAL SPACE IS N/E,ng1D/9 USE EP TE SHEET) (COMPLAINANT'S SIGNATURE) STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me this L, day of .�Flodda 40 d0474 by 4 U eA /I/2Tr(� (name of person making statement) OWUREOF NOTARY PUBLIC PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC) Personally known—zor Produced identification COL L.IER COUNTY BUILDING REVIEW & 31 PERNITTING CO? �` i Rr�CTOR'� [ ICEN SING, i PRELIMINARY COMPLAINT FORM 1'unr Name: D0.��-.__Q�pl lrn Date: -_�q - 08 09 Address: "1'1 _'PaO'-stcA .. Df. . Ci[y: M P12 S State: FL Lip: &q 103 Homc Phone:."—qg -q--- Busincss Phone: HIS COMPLAINT IS AGAINST: Company Numc: f} _ _5`Sf) er -p, -P- {i"Licensc # Col lractoror Person in Charge: (I IF Known) A�e \Oiq,_��1��Q�_------- \ddre;s: 6133.0-7- Phone. Date of Contact:- b� LO-(_g s ly gas 0 'f11F: SPECIFIC C OMPLAINf IS: (Atlach additional sheets as necessary) o'i _2oyS1a, _Soq(jmssI_wee0b Were - Fn_0_t A _ _CLQi I vx Ca_1tf1~__-Co_u-+�( -� tRfY11S_C-G��Y1C - -- \Mach Copies of' All Appropriate Documents: Contracts, Checks, Liens, Pcrmits, Etc. C_outrsetor Licensing Officers: Michael O) sorio (Supervisor) - (239) 252-5706 an ,I:a kson- (239) 252-2451 Zohin Gan,uli- (239) 252-2914 Allen Kennctte- (239) 252-2468 Karen Clements- (239) 252-2450 `r Signature E-3 '16r`fficate Detail Report CDPR230n - Certificate Detail Report CERT NBR QUALIFIER NAME DBA 31774 NEIDA L. WHITE DAVE'S SPRINKLER REPAIR, INC DETAIL CLASS CODE CLASS BEST 4220 IRRIGATION SPRINKLER CONTR. ORIG ISSD DATE 9/17/2007 RENEWAL DATE EXPIRE DATE 9/30/2009 CNCL DATE COUNTY COMP CARD COUNTY EXP DATE COUNTY OL EXEMPT Y COUNTY OL NBR COUNTY OL EXP DATE REINSTATE DATE pb6e, L( DBA Q n/ C I U PHONE FAX OC (239)275-8569 (239)275-7528 MAILING ADDRESS PHYSICAL ADDRESS 2336 CRYSTAL DRIVE 2336 CRYSTAL DRIVE FT. MYERS FL 33907- FT. MYERS LIABILITY INSURANCE COMPANY EXP DATE BOUCHARD-FT. MYERS 2/8/2010 PHONE EFFECTIVE DATE (239)489-3232 2/8/2009 POLICY NUMBER CNCL DATE CLS 1197343 INSURANCE LIMITS 300,000 WORKERS COMPENSATION INSURANCE WC EXEMPT N COMPANY RISK CONCEPTS CORP-LEASE-ADMIN CONCEPTS PHONE (877)746-2209 POLICY ;ollier County Board of County Commissioners ;D-P1 Us for Windows 95/NT ce EXP DATE 12/31/2009 EFFECTIVE DATE 1/1/2009 CNCL DATE STATUS ACTIVE STATE NBR STATE EXP DATE OTH OL NBR OTH OL EXP DATE FL 33907- Printed on 9/8/2009 2:56:03PM Page 1 Lee County Tax Collector - Print Results Page 1 of 1 'New Business Tax Account Information Search Business DAVES SPRINKLER REPAIR INC 2336 CRYSTAL DR FT MYERS FL 33907 239 275-8569 Account 0301448 Description IRRIGATION / LAWN SPRINKLER CONTRACTOR Mailing Address 2336 CRYSTAL DR FT MYERS FL 33907 Year Amount 2010 $50.00 Outstanding Balance Due as of 9/812009 $50.00 Additional Options: Payments Made Change Mailing Address http://www.leete.com/search_detail.asp �u 9/8/2009 CERTIFIED MAIL # 7007 0710 0003 3698 4502 Date: 9/21/09 Neida L. White DB/A Drives Sprinkler Repair, Inc. 2336 Crystal Drive Ft. Myers Fl., 33907 RE: A Complaint filed against you by the Collier County Contractor Licensing Office. Dear Neida L. White: A complaint has been filed against you by the above referenced individual. A hearing of this complaint will be held by the Contractors' Licensing Board on October 21, 2009, at 9:00 A.M. in the Board of County Commissioner's Room, Third Floor, Administration Building (W. Harmon Turner Bldg.), at 3301 East Tamiami Trail, Naples, Florida. Your presence before the Contractors' Licensing Board is required at this time. The packet you will receive marked composite exhibit "A" will be delivered to the members of the Contractors' Licensing Board one week prior to the hearing. If you wish to prepare a defense packet and have it delivered in conjunction with composite exhibit "A", you must make fifteen copies and have them in our office by 8:00 AM on Wednesday, one week prior to the hearing. In your packet, you may give a summary of events. At this meeting, you may present evidence and be represented by an attorney of your choice. In the event the Contractors' Licensing Board finds you in violation of Section number(s) 4.1.2 of Ordinance # 2006-46 the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate # 31774 and/or suspension or revocation of your permit privileges against you. Sincerely, Allen Kennette Licensing Compliance Officer Phone # (239) 252-2468 ■ 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 maiipiece, or on the front it space permits. 1. Article Addressed to: iulir�irlr�nl�nrinliuir� Neida L. White D/B/A: Caves Sprinkler Repair, Inc. 2336 Cry%tal Dr. Ft. Myers, FL. 33907 A SI°raa�t X G'� / p ' / ❑ Agent / ' ❑ Adtlre; B. Received by ( Printed Name) 1 ram. DAeAf {deli D. Is delivery address different from item f? ❑ ye: If YES, enter delivery address below: ❑ No 3. Spice Type ' 10 certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Article Number (r/ansfer from service label) 7007 0710 0003 3698 4502 PS Form 3811, February 2004 Domestic Return Receipt - •— 102595-02-M-t540 Service.,: U.S: Postal CERTIFIED MAIL,., RECEIPT Coverage Provided) (Domestic Mail only; No Insurance For delivery Inform ation 'visit our'website at wvmusps.com, tr Postage m Cedinetl Fee y n m 7°'"V p Return Receipt Fee \\ � (Endorsement Required) r Restricted Delivery Fee O (Endorsement Required) ri $ry Total Postage 8 Fees en {7�0 M M1 5..C11._. �i..+..... .. ...... Sheet, .AApi!-- orP0Box No.l0._ �..t�SQ�.... .... ........... Cilye, ZlPt4 1 , i r I -I \ -PSForm 3800 Auguft 80ub F^? Dave's Sprinkler Repair 2336 Crystal Drive Fort Myers, FL 33907 (239) 275-8569 FAX (239) 275-7528 Tax ID 20-0700731 Name / Address Dale Orphan 797 Portside Dr Naples. PL 34103 Description remove and reinstall 50 pallets Zoysia sod per customers measurement NO I;: we kill also check the sprinkler system to insure proper coverage of the yard. Yard must have adequate water and pest control to ensure proper growth. All repairs are done time and materials. Unless- replacement of the entire sprinkler system. W E I-IAVG improved our quarterly service program to better serve )our needs. please review the enclosed information today! Changes made to the landscaping plan will change the price of tile bid. I lalfdown deposit is required the day rve sign the contract. Final pay mein is due the day we complete the installation after final iw pcctiun. Pass due accounts are subject to a service charge of 1 1/2%per month (Annual percentage rate of 18`%u or the highest rate allowed by law.) A late fee of $25.00 each month will be applied to the bill. Amdiscounts or waived fees will no longer apply. Hid onlc valid for 14 days. Qty Estimate Date Estimate # 8/10'2009 279 Cost 10,000.00 0.00 0.00 a 0.00 0M 0.00 Project Total 10, 000.00 0.00 0.00 0.00 0,00 Q00 Total s l o.000.00 Customer Signature r .E- 7 On] i nc• Servi ces - On] i ne Image Imps://icid.wachovia com webapp/icid_app/servlet/Titai WAC;HOVIA ONLINE IMAGE Account Number: 1100001237522 Check Number 3574 DAI F A ORPHAN JANNE A ORPHAN 791 Pnr4tiide ❑r Napir'y. FL 34I03 C _ j •j VVU11ONTA ? vr�Frao,+.n� 4 1: 3574 f] NSY `4 iw,.u�ac+• 1$0C'L�ca How To Save This Image PC users Internet Explorer: Right -click on the check image, and choose "Save Picture As... Others: Right -click on the check image, and choose "Save Image As..." MAC users Internet Explorer: Click & hold on the check image, and choose "Download Image to Disk." Others: Click & hold on the check image, and choose "Save this Image as..." Date Posted 08/27/2009 C o1:"2 F-9 L }. �. IS I:- i - S 1 ..Ai { e 77 s a�tt tI r,saEi.�fit�✓,`5. � �er^;���•. t. i U} > A '.h,7,2 k1�f"'i St. Ef`4'#nr�Mxh q E°"i Y i 3 t.>t�k,4 z., + N4 xc � i }rIv � _•r r � [aa����I s - t _ �•� ,. {f y � t � Pik �E E t. 0- MIA SOD PRO NC* 114016T" Ave ME, Naples, FL 34120 Phone: 239-289-1903 Fax: 239-353-0328 Contact: Leo Fernandez Date: 9-08-09 Proposal Proposal submitted to: Dale Orphan 797 Port side Dr Naples, F134103 Pronosal is as follows Removal of VERY poaf quality zoysia sod that was installed improperly over existing weed yard,.20sgft x 20800sgft = $4,160.00 Spraying of herbicide to entire yard for removal Removal of dead weeds = $5,200,00 Prep -work anal installation of 20,800sgft of new Floratam sod =$6,240.00 Prep -work and installation of 20,800sgft of new Zosia sod=$7,176.00 All material is guaranteed to be as specified; the above work is to be performed in aeeordance with the drawings / specifications submitted for. Work will be completed in a timely, workman like manner for the sum of., $23,076.00 1 /1P1 edip *Any alteration or deviation from above specifications Involving exim cost will he executed only upon written order & will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control- * Balance of payment to be paid upon job completion, unpaid balance will be subject to penalties including linance charges of 18% collection fees, attorney fees & any other applicable charges necessary to recover cost. * Sod Pro Inc. is not responsible for irrigating newly laid sod, Infestation of insects or fungus problems. Sod pro Inc. is not responsible for damage to irrigation pipes, heads, landscape or concretelpavers. Proposal submitted by: Leo Fernandez Acegptanco of nroposaf The above price, specifications & conditions are satisfactory, and are hereby accepted. You are authorized to do the work specified. Customer signature Date C92 cLF 4ye2 t 7ta Sod Pro, htc. 1140 1dth Ave N.P, Naples, EL 34120 Name IAddress Dale Orphan 797 Port Side Dr Noples.F) 34103 Estimate Dale Eatlmate �F 9l! In009 f 15t1 Project item Desuiplfon Total tear oot removal of very poor quaUly Zoysia sad fti was Installed improperly over existing weed yard. { .24sgft x 20,800sg0 ) Sales Tax 4,992.00 0.00 Tota I S4,992.00 Phone'# Fax # 239,289.1903 279-753.OJ28 J6-4 GREENER GRASS Estimate 3727 PROSPECT AVE NAPLES FL 34104 M 239-513-1234 FAX 239-403-8326 Name ! Address DALI & LYNN ORPHAN 797110111 SIDF; NAI'I,LS,FL 34103 Date Estimate# 9/1712009 tin Customer Phone 239-370-2379 CuslarnerAlt. Phone P.O. No, Terms INCIDENT OR JOB # City Oescaption Cost Total 5O ZOYSIA L'MPIRC INSTALLED WITH PROP 139.00 6.95(00 Total GREENER GRASS Estimate 3727 PROSPECT AVE NAPLES PL 34104 PH 239-513-1234 FAX 239-403-8326 Name IAddress DALE & LYNN O1 797 ['ORI'SlDV, NAPLGS,rL 34103 Dale Estimate # 910/2009 1121 Customer Phone 239-370-237R Customer Alt. Phone P.O. No, Terms NOIDENT OR JOB # Qtv Oesctiptlon Cast Total I REMOV13 UNWANTED ZOYSIA SOD T"A'r is OF PQOR 2.800,00 ?,IS00.U0 QUALITY AND WAS INSTALLLO IMPROPERLY LARdE GAPS L} 1 T RETWEEN SOD PIECES AND SOD WAS LAID OVER IEXISTING VEGL:TATION CAVS(NO LAWN ARI3A TO HAVE A BUMPY APPEARANCE. DISPOSE OF SOD Orr S17T-. LOCATION --797 PORTSID11 NAPLES PI-8mr. NoTR TM1S ES7'I KrE 18 *1,1441: CRITICAL -WE DO NO'I' WANT SOD TO ROOT IN REQUIRING MKI IANICAL REMOVAL WTTI t A SOD CUTI'GR Total SM00.00 F—aC) who are qualified to install, maintain, repair, alter, or extend any insulation primarily installed to prevent loss or gain of heat from rooms or buildings. 1.6.3.24. Irrigation Sprinkler Contractor requires twenty-four (24) months experience and a passing grade on a "h-^ n an approved test and a passing grade on a ^^you business and law test and means any person who 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. 1.6.3.25. Landscaping Contractor requires twelve (12) months experience and a passing grade on a �- business and law test and means any person who is qualified to install and/or remove trees, shrubs, sod, decorative stone and/or rocks, timber and plant materials, and concrete paving units for sidewalks, patios and decks only, whether or not incidental to landscaping, prepackaged fountains, or waterfalls, provided same does not include connection 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. Landscape Contractors may contract for only removal and/or trimming of trees and/or any other combination of the authorized services. All new applicants applying for landscaping license are required to obtain a passing grade on an approved exam pertaining to pruning and safety, in addition to the business and law exam 18 Words stfuekfluough are deleted; words underlined are added. OE^R 1 September 30, 2009 x ;v z To: Alen Kennette Contractors' Licensing Board FAX; 239-252-2469 I have attached a copy of the receipt from. BUG STOP, who will be Cn servicing the new lawn at 797 Portside Drive. Mike had requested we C-v send this as proof of having a company do insect/fungus control. I idle c MEDIA The Official Publisher of Verizon Print Directories Idearc Media LLC P.O. Box 619810 D/FW Airport, TX 75261-9810 #BWNMPKW 01 MB 0,282 "AUTO T30216434112-061697 24 #3400 0290 7069 G098# 0111968 Billing Date Account Number Bill Number Page 07/20/2009 340002907069 340016187406 1 of 2 CALL1-800-269-3488 OR VISIT www.idearcmedia.com �DOUG; SKIIIIIDEARC MEDIA LLC )ATTN: CUSTOMER SVC. DEPT. SYNOWSKII ETAILING & HANDYMAN P O BOX 610830 B 1997 CLARK CT DFW AIRPORT, TX 75261-0830 NAPLES, FL 34112-0616 "POW E, N Billing for Verizon Yellow Pages Directories, 1 800-555-4833 Superpages.com, and Solutions products. Tax I.D. #75-2666092 ACCOUNTSUMMARY Previous Balance ______-- Balance Current Activity Summary Current Charges - Advertising ------------------------------ Late Charges Total Current Activity ----------------------------------------------- New Balance -Amount Due If payment is not received on or before the due date, a late charge will be assessed. IMI'UK I AN I MtJJACitJ - I'LLASt HL-AU """"""" ' Details of Current Charges are on the reverse side of this Invoice. $163.40 $163.40 $163.40 $0.56 $163.96 $327.36 . Get the targeting of direct mail and the reach of the internet with SuperpagesDirect postcards. For more information, see the enclosed insert. ' Late charges have been applied to your account. To avoid further late charges, send payment in full immediately. Idearc Media does not waive any previously unbilled late charges and expressly reserves the right to recover all late charges that were, or could have been, assessed under the contract terms and conditions. ---- ----------------------------- PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT. CORRESPONDENCE SENT TO THE ADDRESS ON THIS PAYMENT STUB WILL NOT BE READ OR RESPONDED TO. DCheck here and complete the back of this form if your billing address has changed. Amount due by 08/19/2009 : $327.36 Balance owed to be paid in US Dollars only. A $15 fee will be charged for any NSF and/or dishonored check. Amount Enclosed DOUG; SYNOWSKI DETAILING & HANDYMAN # B MAKE CHECK Billing Date 07/20/2009 Account Number 340002907069 Please write your account # on check 111 111111111111111111 111111111 r 1111 I l l 11111111111111 1997 CLARK CT PAYABLE TO: IDEARC MEDIA LLC NAPLES, FL 34112-0616 ATTN: ACCT RECEIVABLE DEPT. P O BOX 619009 ; � DFW AIRPORT, TX 75261-9009 340002907069434001618740690000000327360720200900000003273167 1 Y� COLLIER COUNTY W 5 4 9 BUILDING REVIEW & P€MITTING CITATION, Pursuant to section 469.J 27. (3)(a), Florida Statues, the u."bersigned hereby,ccrtifi-that upon personal investigation, he/she,has reasonable and probable grounds la believe, that the person whose name appgers heluw, ns Issued To, did violate Subsection 489 12TYI), Florida S dales, and Collier county Conimcmr's Licensing Ordinance No. 0-68 (as may amended from time to lime) by committing the violation stated below. }� Month �t ,e Dayn nl I ed Toni�7 �U1� Adoa 3J fl "csrQ� City iT .K —state /-1_ ZiP ?:� b) Q Falsely impereaategcertrncate.notaer of regisW ; c) Cr as1us rrwn(be rleRificete-op teg<istr$poa$Fher d) ©' Nygilt"ve FaXse a forge`deytdeacelb t}te 1>ipf`a member e[f,.r e) ❑ �J& o[ anemptid'ase a dEtfficate or reg➢stratidrt'�S'bicii has`�el� �ent(�DT ..ie�ra.A"'L' t•rtu`rA7i/Jl in the business or act in the business organizau � as nwtawe w ❑ !>saF • ^.' ^ <, a _-_ _ : conh$ctor Witltdut' frig duly ieg33tered'dt 6erf;Gba;' - e g) ❑ Operate a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another primary h) I) iheacope SI_.;,� _,l l �'tj, SIGNATURE (INVE.STIGAFOR) _ ..-A PRINT (RECIPIENT'S NAME) PRINT (INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775,082 or 775.083 Florida Statutes. COLLIER COUNfiY'' ¢ 6 48 BUILDING REVIEW & PERWITTING CITATION Pursuant to seotion 489./27. (3)(a), Florida Statues, the undersigned hereby certifies that upon personal investigation, he/shehas reasonableand probable. grounds to believethat theperson whose nameappears below, as Issued To„did violate Subsection 489 127(1), Florida Statutes, and Collier county Contractor's Licensing Ordinance No. 97-68 (as may be amended from time to time) by comouttiag the violation stated below. f AMIKI Add�•:la1.yi�.�t/6 C-% City �� % F'7 GiG�� _- State ehicie Makellype.(if applicable) I kear Color .Tag No. - Locatiortof lripldhonr-, t have bean irrformgd-f [he violation of wlnch.Lhave-beenx]ha_wd and elect the following optiorr, g;x cs20" 'u Cl� 1) hooseda Ray diq penal hos of S qa aiaEitatron. 2) ❑:ycpopS�&Sp°1'PgneltY and>wiP ragnP?y.to;^v£t+rr!$h.Xcertfficd. mad 4c hand, a.n..e...... Ad.n �r nrivn Hxawno be1nrntha..CnimsKst0Ia&LICen1iVk Berll:lT. a) ❑ Falsely hold self'br Noidnests di'ganizatiod out as a license, certincate Romer or, registrant; b) Falsely impersonate a certificate holder gr registrant c) Present as hrs ewe/ the certificate orregisteation of anodier' d) XrrowmgYy giv@Y&iae'orforgedeVldegdetatbe Bthind UY"amember, ihefeoF' e) Use ordilempt to U$e a' eGdlfibatL'or'ragtairati'on whidh hae°beed sus tided iir revoked, f) ❑ Engage in the business or act in the capacity of a contractor or advertise seller business organization as available to engage in the business or act in a oapacny, pf a contractor wnfiout beingdady'regiaterEd^df- g) ❑ Operate a business organization engaged in contracting after (60) days following the termination of its only qualifying agent without designating another primary ualtfying agent, except as propded m sa 489.119 and 489 1195 Florida Statues <. h) �`t`'d'niilietrceorpeHceme�orkfor�vfi[c�lra§uflaid&pYmuYis i�(uirEB'KIiSu4tu��ll�toL�r,. a ptra s�ta'iiuhrmmn biukhng Nddei'sTithouCSticN��l'eii(g to k^�r` i9� d il�$ HBLtately drsregaril $rvrolaC2'ariYYGb `Y Cduni3�'d�`a rx'•"retalibpu�tb )_ dncCi'ldi0t{�orU rea contrabtors_�trSif��c3�j�k __m*�S�"r�'f: A person or3usiness organization opemdng oa an inactive or suspdn cectifiea ;or. , registration, tiT operafJng beyond the scope of work or geographical scope of the registration, is no[ duly certified or registered. s oiva rtlitey ��� e 17 PRINT (RECIPIENT'S NAME) PRINT (INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. Page 1 of 2 Main Identity From: "ServiceMagic Exact Match Lead"<Customerservice@mp.servicemagic.com> To: <needarepair@comcast.net> Sent: Sunday, August 16, 2009 6:12 PM Subject: New exact match lead for you u servrcemagicp; o ,em Dear Neida, You've received an Exact Match lead request for a Landscape Yard or Gardens project! Customer Information Customer Name: Daytime Phone: Email: Address Click here to set an appointment Job Information Description: Job Number: Service Description Design Preparation: Landscaping to be installed: Request Stage: Desired Completion Date: Historical Work: Request is for Commercial Location: Consumer Owns Home: Customer Comment: Dale Orphan 239-262-0934 dorphan99@yahoo.com 797 Portside Dr, Naples, FL 34103 Landscape Yard or Gardens 24943414 Have a basic idea of what I want Grass Planning & Budgeting More than 2 weeks No No Yes Need 50 pallets of Zoysia delivered and installed Are you creating a positive initial impression with your ServiceMagic profile? Click here to see how this customer sees you Customer Service Team ServiceMagic Toll Free: (877) 947-3639 CustomerService@ServiceMagicProLeads.com Click here to view this lead on your mobile device 10/14/2009 ■ Complete items 1, 2, and 3. Also complete Rem 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 fMA&pace permits. 1. Article AddrA Nap1e5 ,�\ A Signature ❑Agent R W_ /A � ❑ ldressee B. eel by ( Prf,W N ) C. Date Delivery D. Is delivery address different from Rem t1 /�-I Ye! If YES, enter delivery address below: Y O No 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z. ktldeNumber 7002 2410 0006 5965 4733 (rranseernom service Sabel) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1500 Dave's Sprinkler Repair Inc. 2336 Crystal Dr. Ft Myers Florida 33907 office:239-275-8569 Fax:239-275-7528 September 9, 2009 Dear Mr. & Mrs. Orphan, As stated in the contract that you signed (see attached) it is the property owner's responsibility to apply adequate water and pest control that is required to insure the proper growth of the new Zoysia grass that we installed on Thursday, September 3, 2009. As recommended you need to start pest control to insure proper growth of the new sod. Continue to water sod 2 times per day for the next 30 days. Sincerely, Neida White �NS#N /�q�i M q-i'OS AWL -it& '-Vmw I I ALN w Alaw, r idegrc The Official Publisher of Verizon Print Directories Idearc Media LLC P.O. Box 619810 D/FW Airport, TX 75261-9810 #BWNMPKW 01 MB 0.382 "AUTO T8 0 2141 34112-061697 24 #3400 0290 7069 F090# 0122612 Ir�ILrLJ11Jl1rrllyd�lll1r1�11111111111111111r11r�rlll�rll DOUG; SYNOWSKI DETAILING & HANDYMAN #B Billing Date 06/20/2009 Account Number 340002907069 Bill Number 340016086011 Page 1 of 2 To PAY BY GRERITiDEBIT CARf?: CALL1-800-269-3488 OR VISIT www.idearcmedia.com 1997 CLARK CT NAPLES, FL 34112-0616 ilk NIP Bluing for Verizon Yellow pages Directories, Advertising - 1-800-5554833 Superpages.com, and Solutions products. Tax I.D. 975-2666092 ACCOUNTSUMMARY Previous Balance --------------------------------- Balance ------------------------------------------- Current Activity Summary $40.85 $40.85 Current Charges - Advertising----------------------------------- $122.55 Total Current Activity ----------------------------------------------- $122.55 New Balance - Amount Due ------------------------------- $163.40 If payment is not received on or before the due date, a late charge will be assessed. ....... "' IMPORTANT MESSAGES - PLEASE READ *""... «« ' Details of Current Charges are on the reverse side of this Invoice. " Save cash and get new customers with SuperTradeExchange! See enclosed insert for more information. PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT. CORRESPONDENCE SENT TO THE ADDRESS ON THIS PAYMENT STUB WILL NOT BE READ OR RESPONDED TO. ❑Billing Date 06/20/2009 Check here and complete the back of this form if your billing address has changed. Account Number 340002907069 Amount due by 07/20/2009 : $163.40 Balance owed to be paid in US Dollars only. I� A $15 fee will be charged for any NSF and/or dishonored check. Amount Enclosed $ Please write your account # on check DOUG; SYNOWSKI DETAILING & HANDYMAN #B MAKE CHECK 111 rIr11L 111LIIrrrr111111 11L1r11r11111r rr1111 1997 CLARK CT PAYABLE TO: IDEARC MEDIA LLC NAPLES, FL 34112-0616 ATTN: ACCT RECEIVABLE DEPT. P O BOX 619009 DFW AIRPORT, TX 75261-9009 34000290706943400160860119000000016340062020090000000163401 ideor MEDIA , The Official Publisher of Verizon Print Directories Idearc Media LLC P.O. Box 619810 D/FW Airport, TX 75261-9810 #BWNMPKW 01 Ma 0,382 "AUTO TO 0221434112-061697 24 #3400 0290 7069 1094# 0110892 11111111111r11111r11111111111�11111�1111111111111�1111r1111111 DOUG; SYNOWSKI DETAILING & HANDYMAN #B 1997 CLARK CT NAPLES, FL 34112-0616 Billing for Verizon Yellow Pages Directories, Superpages.com, and SuperpagesDirect. Billing Date Account Number Bill Number Page 09/20/2009 340002907069 340016411962 1 of 2 CALL 1-800-269-3488 OR VISIT www.idearcmedia.com IDEARC MEDIA LLC ATTN: CLIENT CARE DEPT. P O BOX 610830 DFW AIRPORT, TX 75261-0830 1-800-555-4833 Tax I.D. 475-2666092 ACCOUNT SUMMARY Previous Balance -------------------------------------------------- $493.00 Balance ------------------- ---- - - $493.00 Current Activity Summary Current Charges- Advertising-_ _____________________ $163.40 Late Charges__--------------------------------------------------------- $4.64 Total Current Activity ----------------------------------------------- $168.04 New Balance -Amount Due ---------------------------------------- $661.04 If payment is not received on or before the due date, a late charge will be assessed. ..«-- IMPOR I AN I MtbbAGtb - F'LEAbt KtAU Details of Current Charges are on the reverse side of this Invoice. Delivery of the Verizon(R) and FairPoint(R) yellow pages is now tracked with GPS devices that ensure more accurate and thorough directory delivery. Find out how this can affect your business by reading the enclosed insert. . Late charges have been applied to your account. To avoid further late charges, send payment in full immediately. Idearc Media does not waive any previously unbilled late charges and expressly reserves the right to recover all late charges that were, or could have been, assessed under the contract terms and conditions. - ---------- ----- --- ------------------------------------------------------------------------------------------------..'------------ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT. CORRESPONDENCE SENT TO THE ADDRESS ON THIS PAYMENT STUB WILL NOT BE READ OR RESPONDED TO. Billing Date 09/20/2009 Check here and complete the back of this form if your billing address has changed. Account Number 340002907069 Amount due by 10/20/2009 : $661.04 Balance owed to be paid in US Dollars only. �� A $15 fee will be charged for any NSF and/or dishonored check. Amount Enclosed a. A Please write your account # on check DOUG; SYNOWSKI DETAILING & HANDYMAN #B MAKE CHECK IIn111111n11111111111111111n11n11111111111111111 1997 CLARK CT PAYABLE TO: IDEARC MEDIA LLC NAPLES, FL 34112-0616 ATTN: ACCT RECEIVABLE DEPT. P O BOX 619009 DFW AIRPORT, TX 75261-9009 34000290706943400164119629000000066104091820090000000661047 n P'r & Bath Remodeling • Kitchen • Garage Conversions • Patio Covers • Patio Enclosures • Ceramic Tile • Carpet Flooring a"- • Wood Flooring • Roofing • Interior & Exterior Painting • Landscaping • Rock Walls Call Today 239.384.1731 04, i„ 11% Off with this card JaL 11% Off i� with this card Doug Synowski HANDYMAN Call Today 239.384.1731 f� SERVING NAPLES & SURROUNDING AREAS RE : Contested Citations #4925, #4926, #4927 On April 9th, 2009 the office of Contractors Licensing received a phone in complaint about a handyman service performing painting at 209 Skipping Stone Lane in Naples, FL. Upon making a site visit, I observed Doug Synowski and a helper painting the interior of the dwelling. My investigation revealed that Mr. Synowski possessed a Collier County business tax receipt #081632 for maintenance service only. The painting work was stopped at this jobsite, and a $300 citation was issued to Mr. Synowski for unlicensed painting contracting. In June of 2009, the office of Contractor's Licensing received a complaint from a local licensed contractor who had received a postcard in the mail advertising the performance of multiple construction trades by Doug Synowski. A second investigation at this time revealed no subsequent certifications to engage in any of the advertised trades which also included painting. On June 24, 2009 Mr. Synowski was called into the office where he was issued fines again, including a $500.00 citation for a second violation for unlicensed painting. c b :3imf '%473T COLL"IERCWNTY ,� 'BUILDING REVIEW &`PERMITTING ITC ATION .,. Pursuant to section 489.127. (3)(a), Florida Slutues, the undersigned hereby certifies that upon to time) by ccoom_rrittiag the violation stated below.,'. Month 4lr DaY .' 4"') Ye�*Ti2 M Issued To: l'eT'u3.S6� :Address f' tJ412. Lt >�i *%`:k"Qfi ,x r•.: _ ;.. T—.ntae AaKvV its ncame rearin tr�r�y. g) U uperau: a ausmess;organization engages in contacting suer lou) nays z - +' -following the termination of its only qualifying agentwithouftlesignadsB anotherprimsry ". qualifying a gent except as prondedmas 4g9.l l9 and 469 [I95 Flonda Statues sr"` h) ❑ Commence or perform work for wh¢hsbui)dmg permit is regwred pursuenl to an adopted stoic minimum buildingcode wnhout such permtttieing meffeM or' a"' i) ❑ Wdlfullya'dehberatalydisregmd orvrol'ale any ColhecCdunly°ordmonce relating to 'uncertified or unregistered conhactors}j il-tta{Sf " ` g'gt; ri:`'r*'n"'� " cfarr„_x�saunrx}�al hrltl -_ aj4a'SC�^x¢nrfi�r'�d' SIGNATURE (RECIPIENT) NIGNATPC (INVEST ATOR) , PRINT,(RECIPIENT;9 NAME) PRINT (INVESTIGATOR'S NAME) '. Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in :section 775.082 or 775.083 Florida SlmWes. (SEE REVERSE FOR INSTRUCTIONS) Details Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 Collier County Business Tax Receipt Tax Year Info: 2008 Next Record BUSINESS INFORMATION OWNER INFORMATION License # 081632 ISYNOWSKY, DOUG DOUG SYNOWSKY DETAILINGE Name 2: Name: HANDYMAN SVC 11997 CLARK CT #B Addre DBA: 1997 CLARK CT #B Address Z: Location: City, State, Zip: NAPLES FL 34112 Zoned: RMF-16 Phone: 384-1731 Mail 1: 1997 CLARK CT #B LICENSE IS PAID ** City, stZiP: NAPLES FL 34112 l ** LICENSE IS OPEN ** , Phone: 384-1731 PUBLIC Code: 03703306 Description: SERVICES D OWNER County Lic: Category: ONLY -NO EMPLOYEES City Lic: Preq: New Search Next Record Back To List http://colliertax.com/search/ols_details.php?ID=2739009&page=l&year=2008 6/18/2009 Doug Synowski DETAILItVG HANDYM�IN SERVING NAPLES & SURROUNDING AREAS • I�'ch�!�� k,��'� • �V )� C I�)II � � � iAtl �'ti • f n � �['lUl �� � Ili Call Today 239.384.1731 AI11°% orr With this card .. COLLIER COUNTY Ns492 _ BUILDING REVIEW & PERMITTING> ' t,CITATION l wa rear s' Pursuant to section 489.127. (3)(a) Florida. Statues the unders,gned herebycertifies That apon personal investigation, he/she has reasonable and probable I on to believe that the person whose name appears below, as Issued Td did vkdal`e, Subsection 489 (27(I)yFlgnda Stamtes, and Collier county Contractor's Licensing Ordinance No 97-68 (as may be amended from time time) by Fethe violation stated below. r "' ,.'u$..I '-r Month Tu�JiG Dav �� � ... YenT''?HA T � AMiPM Issued To: - lb'&U 6 LJa s ` -C :� "s ° > �YF.�A'4,L.i': r 11.101 VKL%-]] LMV1 SNAML) s PRINT( INVESTIGATORS NAM$)` Pursuant to 489.127, Florida Suares, willful refusal to sign and accept this citation consutWeS a misdemeanor of the second degree, punishable as provided in section 775.082 ori75 O8r7 "y Florida Statutes '0. }„ k (SEE REVERSEFOeR3 INSTRfj&I j 1�t FILE COPY r "; ,.i p n 0 (� G T COLLIER COUN71 "- BUILDING REVIEW & PERMITTING CITATION Pursuant to section 489.1 z7. (3)(a) Florida Slnwest the undersigned hereby certifies }�!q upon personal investigotice,. he/she has rens'onable'and 'probable ground's to believe that Iheperson l whose name appears below; as Issued To did violate Subsection 489 127(1), Florida Statutes; and Colliernoonty Conlructor'sticensing Ordl'nance6 o.'97-1i8(as'fhaybeimEr edfromtime to time) by committing the violation stated below. Month ,liM.3F DaY -�d - :'%a+ Yea7'�+n? TlhSe ' -r. "VM Issued To:btl g) or registered. Pursuant to 489.127, Florida Shares, willful refusal to sign and accept this citation constitutes ' a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Slmutes. v (SCE REyFRSE�,YP IN$TTRUCTIONS) S `w RE: Contested Citations #4925, #4926, #4927 On April 9", 2009 the office of Contractor's Licensing received a phone in complaint about a handyman service performing painting at 209 Skipping Stone Lane in Naples, FL. Upon making a site visit, I observed Doug Synowski and a helper painting the interior of the dwelling. My investigation revealed that Mr. Synowski possessed a Collier County business tax receipt #081632 for maintenance service only. The painting work was stopped at this jobsite, and a $300 citation was issued to Mr. Synowski for unlicensed painting contracting. In June of 2009, the office of Contractor's Licensing received a complaint from a local licensed contractor who had received a postcard in the mail advertising the performance of multiple construction trades by Doug Synowski. A second investigation at this time revealed no subsequent certifications to engage in any of the advertised trades which also included painting. On June 24, 2009 Mr. Synowski was called into the office where he was issued fines again, including a $500.00 citation for a second violation for unlicensed painting. 'a gSf, a C;C+rvFf No4F 1 J 1 COLLIER COUNTY , BUILDING REVIEW&PERMITTING Pursuant to section 489 127. (3)(a), Florida Statues, the undmigned,hereby certifies that upon and Call liercounty Contractor's ueensmg tnamance Ivo.yr-oetag amy uc m„ 1—,,..,,, to (line) by committing the violation stated below Month i t" DuY e-' rx �� r Yew Tito _�✓M Issued To, -�6y �rtACS L-t =rlVeSusstt•� " x fYsveran A{. Address C PRINT ECIPIENT;S' NAME) _ PRINT (INVIESTIGATOR'SNAM,E) ` Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes b misdemeanor of the second degree; punishable as provided in.scction 775.082 or 775.083 Florida Smlutm (SEE REVERSE FOR INSTRUCTIONS) Details Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East Naples, FL 34112-4997 Collier County Business Tax Receipt Tax Year Info: 2008 Next Record BUSINESS INFORMATION OWNER INFORMATION License # 081632 Name 1: SYNOWSKY, DOUG Name: DOUG SYNOWSKY DETAILING HANDYMAN SVC 1997 CLARK CT #B Address 1: DBA: Address 2: ocation: 1997 CLARK CT #B City, State, zip: NAPLES FL 34112 Zoned: RMF-16 Phone: 3841731 Mail 1; 1997 CLARK CT #B LICENSE IS PAID ** NAPLES , FL 34112 ** LICENSE IS OPEN ** 384-1731 City, State, Phone: Code: 03703306 Description: PUBLIC SERVICES MAINT. State Lic: SERVICE/ NO Class: CONTRACTOR WORK OWNER County Lic: Category: ONLY -NO ❑ EMPLOYEES Preq: City Lic: New Search Next Record Back To List http://colliertax.com/search/ols_details.php?ID=2739009&page=l&year=2008 6/18/2009 Doug Synowski DEVILING � HANDYMAN .160� n„ SERVING NAPLES & SURROUNDING AREAS • Poo Vl(II�',IUIi� Call Today 239.384.1731 WO off With this card LLB 1 1 Ns 4925 COLLIER COUNTY BUILDING REVIEW & PERMITTING,w w (.CITATION t -u ceN�a�, i,e,l' Pursunnl Io section 489.127. (3)(a), FloridaStulues the underaigned hereby fies Ihnt upon personal investigation, he/she has reasonable and probable grounds IP believi,dud the person whose namcappears below, as Issued To,�did violate Subsection 489 "t27(t), F(odda Smldles, and Collier county Conti actor's Licensing Ordinance No. 97-68 (as maybe amended from time to tune) by committing the violation stated below. Month uN VG Day"E' Y" YetY?frdn e .gM/PM �r Issued To: D6U E3 L tLFS z. te11t :5 � ' City • "S ble —Telephone "'I.D.. F t;,j,,,S1MDateI BZrtbRace Se Height ehicle Mak pe (if applic )Ilrear a I "LopauRri.bf olation , a JamON_'. Lha f - Ialo ,option Chet o e_ deli e)�pels hl I� tsit a vt �It u to '' Slspant• r "*a y,; Pb ip e y tics a R�Ri m c)+!� sent as s�+�yyn e cemfic�s�e'aur aegis Mon of ati - -1 )%© ti�'� �yy 1I1 I I elg`m oked.;, rqEngage f) in the business or act in the cepacrty Pf a canllactor or advertise aelFor " business organization as nvwlable )o,engage in the business or avian sea it of a- wilhouflieing"duly iegfstered'orcertlfieil� e.,,Vc"iTnir'actor ,�,,.,P Operate a business organization engaged in contracting after (60) days "•' —'. following the termination of its only qualifying agent without designating unotherprinarry quahFy�ng a ant esce t as ro bleed in ss 489119 and 489.1 6W.'' )i) a omir7enc'e oP'perPor orlt"L r c�ii 11 a udingoozew thout a i1'` COuno a r�i e'db"riidi'e Icont;98Pra, , .. .. n' Aperson - no F"g a ve'Or,- business organization on an machveor sus , a sc , registration, or operating beyond the scope of work m geographical scope of the registration;is not duly certified or registered, ,, •I;,g yz iv.s''„e� S ATUI (RECIPIENT) SIGNATUgLip VESTIGAFOR) � PRIN T#RECIP]ENT'S' AMC) PRINT (INVESTIGATORS NAME) " Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes _ 7. a misdemeanor of the second degree, punishable as provided n section 775.082 or 775,._ ;..;� Florida Statutes. sa. 4x., +:+' ' (SEE REVERSE FOaR,,� INSTRU�C`rrf& M,, ., ¢ ad* AW i. r` i i vaJ y,x ,a rro F `e'ef rr� f. x Wft FILE COPY ' personal investigalmn, he/she has reaspnabte ano prooaoie gmunus • •_ . G-• -whose name ppcars,below,'as lSsued To drd'vialate Subsection489127(1), Florida StOZZ and Collier county Contractor's Licensmg Oidinanee 1,16.97-68 (as'inay be amended from tti n , to time) by committing the violation started below. Month �i��'•.!F DaY'r 1"! .a+:enar YearC+�-a TitKe.M Issued To: r}itI d{itJ,�S&x{. s"Sd;fi�✓ °A"� 14.i�ka"i1 >••f:yh",xy,� 5 �j •,�#2 YSPi�"�'"t''�ww.k+�aKY1�'op.•+*Tr"- g) in Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitute" 'a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 "Florida Statutes. „ (SEE REV9RS0,It�INSTRUC[IONS� +-;s �.� to- a ,��urd� '*,��'.~% K �, m;•:ry S