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CLB Agenda 06/17/2009CONTRACTORS ' LICENSING & wpoo p-m w AGENDA June 17, 2009 AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: WEDNESDAY — JUNE 17, 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: MAY 20, 2009 V. DISCUSSION: End of the Month Report — May 2009 VI. NEW BUSINESS: Jason Schooley — Contesting Citation Edwin Moreles — Contesting Citation Ron Palmer —Waiver of Examination(s) Marisol I. Santos — Review of Credit Report Ronald M. Burns — Review of Experience Affidavits Colleen Martinez — Review of Credit Report VII. OLD BUSINESS: Case #2009-06 Vill. PUBLIC HEARINGS: Case #2009-07 Case #2009-08 IX. REPORTS: X. NEXT MEETING DATE: Bobby J. Phillips Jr. D/B/A: Bob's Air Conditioning — Refrigeration, Inc. James G. Schuck & Donald P. Ricci Sr. D/B/A: Marco Marine Construction, Inc. Edward Lee Whitsett D/B/A: Whitsett Construction, Inc. WEDNESDAY AUGUST 19, 2009 W. HARMON TURNER BUILDING, 3RD FLOOR (COMMISSIONERS MEETING ROOM) 3301 E. TAMIAMI TRAIL NAPLES, FL. 34112 (COURTHOUSE COMPLEX) May 20, 2009 TRANSCRIPT OF THE MEETING OF THE CONTRACTORS' LICENSING BOARD OF COLLIER COUNTY Naples, Florida May 20, 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 9:00 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' Lee Horn Terry Jerulle Kyle Lantz Thomas Lykos Patrick White ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Ian Jackson, Licensing Compliance Officer Page 1 May 20, 2009 CHAIRMAN JOSLIN: I'd like to call to order -- good morning, by the way -- the May 20th meeting of the Collier County Contractor Licensing Board. 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 start the meeting with my roll call to my right. MR. JERULLE: Terry Jerulle. MR. LANTZ: Kyle Lantz. MR. LYKOS: Tom Lykos. CHAIRMAN JOSLIN: Richard Joslin. MR. GUITE': Eric Guite'. MR. WHITE: Patrick White. MR. BOYD: Michael Boyd. MR. HORN: Lee Horn. CHAIRMAN JOSLIN: Staff, is there any additions or deletions to the agenda? MR. JACKSON: Good morning. For the record, Ian Jackson, License Compliance Officer. We have a number of additions and deletions, if the board would bear with me. Under discussion, an addition. We would like to discuss a new member orientation for the board, if so inclined. Again, under discussion, a deletion of William C. Daubmann, Mr. Shower Door. CHAIRMAN JOSLIN: Can we move the discussion for the orientation till maybe later in the meeting? MR. JACKSON: If that would please the board, that's fine with me. CHAIRMAN JOSLIN: That way we can move the meeting Page 2 0 May 20, 2009 along. Okay. I need a motion to approve the additions or deletions. MR. JACKSON: We have more. CHAIRMAN JOSLIN: More, I'm sorry. MR. JACKSON: Under new business, we need to add an order to pay civil penalties. CHAIRMAN JOSLIN: An order to pay civil penalties? MR. JACKSON: Correct. The citations that weren't paid that we did a couple months ago. A deletion of Roger P. Boucher, the contesting of the citation. And an addition of Sonia Paj aro, a review of credit report. And if approved by the board, I have documentation to distribute to the board members for that review. CHAIRMAN JOSLIN: What was the name again? MR. JACKSON: Sonia, S-O-N-I-A. Pajaro, P-A-J-A-R-O. And again, that's a review of credit report for a new license. And under public hearings, Case No. 2009-05, there's been a resolution where the board would still have to hear the resolution, and it's requested that we move that before new business so we can get that out of the way, if so inclined. CHAIRMAN JOSLIN: Okay. MR. JACKSON: And those are all the additions and deletions. MR. LYKOS: Motion to accept the additions and deletions. MR. GUITE': Seconded, Guite'. CHAIRMAN JOSLIN: I have a motion and a second on the floor. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. Page 3 May 20, 2009 MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Moving right along. I need approval to -- motion to approve the agenda (sic) from the March 18th meeting. Any additions or corrections anyone has found? MR. LYKO S : The minutes? CHAIRMAN JOSLIN: The minutes, I'm sorry. Agenda. MR. LYKOS: So moved, Lykos. CHAIRMAN JOSLIN: I need a second. MR. GUITE': Second, Guite'. CHAIRMAN JOSLIN: Motion and a second. All in favor? MR. BOYD: Aye. MR. GUITE': 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. Under discussion, is there a William C. Daubmann? MR. LYKOS: No, that was -- CHAIRMAN JOSLIN: Oh, I'm sorry. New member orientation. We'll move right into new business then. MR. LYKOS: We approve the resolution for Case 2009-05 at this time. That was one of the approvals that we made. CHAIRMAN JOSLIN: Yes. May 20, 2009 MR. JACKSON: Where that will be heard briefly by the board, however. CHAIRMAN JOSLIN: In front of everything else? MR. LYKOS: Right. MR. JACKSON: In front of everything else, if so inclined, yes. MR. WHITE: I certainly would like to hear it, Mr. Chairman. CHAIRMAN JOSLIN: Would Mr. Willey, Charles C. Willey come before the board, please. Come to the podium, be sworn in. MR. HAZZARD: Good morning, board members. Good morning, Mr. Chairman. My name is Bill Hazzard from Coleman, Hazzard and Taylor, and I represent Mr. Willey and his company, B&W Paving. Thank you all for your time here this morning. Good morning, Terry, how are you? MR. JERULLE: Good. MR. ZACHARY: Mr. Chairman, Robert Zachary, for the record, with the county attorney's office. Mr. Hazzard and I have an agreement that Mr. Willey will admit to a violation of the workers' comp. provision in our ordinance, and that in exchange for that admission he will be on probation, and staff will supervise his payroll for a year on probation and he would pay a $1,000 fine. That would be the resolution for -- if it's acceptable to the board. MR. HAZZARD: And gentlemen, if I just might comment, that's consistent with the fact that Mr. Willey and his company went through a comprehensive workers comp. audit last summer, the conclusion of which was that they found that one employee, none of the complaining parties, that one person who was a part-time person was not appropriately classified as an employee, and they administered a $1,000 fine, which has since been paid. MR. JERULLE: Who is they? MR. HAZZARD: The workers' comp. audit. Page 5 May 20, 2009 MR. JERULLE : The state? MR. HAZZARD: The state, right. CHAIRMAN JOSLIN: And that was only one employee that was involved in this? MR. HAZZARD: Yes. CHAIRMAN JOSLIN: Only one? MR. HAZZARD: Yeah, A part-timer. CHAIRMAN JOSLIN: This is approved by the county, right, in agreement? MR. ZACHARY: Yes, that's acceptable. MR. JERULLE: So just to sum up, you did a state workmen's comp. review, one violation, a $1,000 fine, an agreement -- so-called tentative agreement with the county now for one-year probation, and a $1,000 fine? MR. NEALE: And just I would make a suggestion, one further addition, that the board also incorporates a recommendation, no further action to the State Construction Industry Licensing Board as well. MR. HAZZARD: Thank you, Mr. Neale. MR. LYKOS: Mr. Neale, can you recall previous fines that we've levied for workers' comp. violations? That $1,000 doesn't seem in line with what we've been doing in the recent past. MR. NEALE: In the past -- I could look at what we've done, what the board has done. In the past, the board has ranged -- depending on the severity of the infraction, I believe the fines have ranged anywhere from the 15000, $1,500 range up to the maximum of 10,000. But typically they've been -- in a single violation type of incident they've been at the lower end of the range. It's on the more egregious cases where the board's gone to the higher end of the range. CHAIRMAN JOSLIN: At this time it's probably in recommendation that we take the county attorney's advice. May 20, 2009 MR. WHITE: One question, Mr. Chairman. Question, Mr. Chairman? CHAIRMAN JOSLIN: Sure. MR. WHITE: Being new, not familiar whether it's typical to inquire of the staff as to whether there were any costs relative to the prosecution of the matter and whether consideration of payment of those are part of the process or not, I just look for some direction either from counsel or the staff in that regard, as well as the other board members. MR. NEALE: Mr. White, what -- typically that's one of the penalties that's reviewed by the board in an action. Typically when there's a stipulated settlement, the staff has also looked at what their investigative costs have been and decided that those are either incorporated in the fine or small enough that they waive the cost. So it would be something if this was a full hearing, they would put it on. But typically for costs to be put forth there has to be evidence on the record by the county staff as to the costs incurred. MR. WHITE: Understood. That would be essentially then part of the workout and resolution of the matter. MR. NEALE: Right. MR. WHITE: Thank you. CHAIRMAN JOSLIN: If this is all agreeable to the board members, then I'm going to need a motion to accept the resolution. MR. LYKOS: I have another question, Mr. Chairman. CHAIRMAN JOSLIN: I'm sorry, go ahead. MR. LYKOS: Mr. Neale, typically the purpose of the fines that we levy are -- let me make sure I say this properly -- our intention is that the fine is in excess of what the defendant would have had to pay had they followed up with their workers' comp. in a proper manner, so that it's a deterrent for that contractor and any other person that might hear about this case to avoid paying workers' comp. and misclassifying their employees or whatever it is that led them to be in Page 7 May 20, 2009 front of us. Is that the situation in this case? Is the fine in excess of what Mr. Willey would have paid had he filed his workers' comp. reports correctly and had workers' comp. on that employee? MR. NEALE: You know, my view on this one is that there's been no evidence put on either side as to what the cost was. I think when the board views a stipulated settlement, which the board has done in the past numerous times, they typically look at that as being a manner in which both parties, both the county staff and county attorney's off -- well, all three parties, county staff, county attorney's office as their counsel and the respondent have all negotiated a settlement that all parties feel is a fair disposition of the matter, that the punishment fits the crime and that it resolves the matter in a way that is just to all parties. MR. JERULLE: When you say the county, that included staff. MR. NEALE: I would imagine. I think staff is certainly -- MR. JACKSON: I was included in the discussion. MR. LYKOS: Ian, is it your recommendation that we accept this settlement? MR. JACKSON: It is. MR. LYKO S : Thank you. MR. WHITE: Point of clarification about the amendment that Mr. Neale proposed with regards to the Contractor Licensing Board making a finding or determination with respect to no action. Would that be made at this point in time or would it be at the conclusion of the year's probation? Just again not familiar with the process. MR. NEALE: That typically is done at the time the original order is entered. As part of the entry of an order in a matter like this, one of the findings the board has to make is what recommendation to make to the State Construction Industry Licensing Board. In this case they would make no recommendation. Now, if it was reopened because of a violation of the probation, then the board can May 20, 2009 reopen the case in full and also look at whether there's another recommendation he may make to the state. MR. WHITE: I appreciate the clarification. Thank you, Mr. Chairman. CHAIRMAN JOSLIN: You're welcome. Any further discussion? (No response.) CHAIRMAN JOSLIN: Then I will need a motion to accept the resolution that was provided by the county and the respondent B&W Paving Contractors. MR. LYKOS: I make a motion to approve the resolution proposed by the county, with the amendment that we recommend no further action be taken by the State Department of Building and Professional Regulation. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Motion and a second. All those that accept this, please signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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. HAZZARD: Thank you, gentlemen. CHAIRMAN JOSLIN: You're quite welcome. Good luck to you, Mr. Willey. MR. WILLEY: Thank you, sir. Page 9 May 20, 2009 CHAIRMAN JOSLIN: Is there a Mr. Vecchio? Michael Vecchio? MR. VECCHIO: Yes, sir. CHAIRMAN JOSLIN: Could you please come to the podium to be sworn in, please. (Speakers were duly sworn.) CHAIRMAN JOSLIN: Also, would I bring to the podium Mr. Ian Jackson, be sworn in, please, if you have not been already. MR. JACKSON: I was. CHAIRMAN JOSLIN: Mr. Jackson, you issued a violation -- a citation, I'm sorry, No. 4567 to a Michael Vecchio? MR. JACKSON: Correct. CHAIRMAN JOSLIN: Would you please describe what the citation was involved with, what was to be found? MR. JACKSON: Mr. Vecchio had a contract, a written or unwritten, with a homeowner, Mr. Thomas Ingram, at 8386 Indian Wells Way, where I observed Mr. Vecchio pressure cleaning a roof, which requires a competency card, which Mr. Vecchio does not have. Based on the information at the job site, I issued the citation, and stopped the work. CHAIRMAN JOSLIN: Mr. Vecchio, would you like to respond to that citation charge? MR. VECCHIO: Yes, sir. Everything he said was correct. I was there working. I have been doing this off and on as kind of a part-time thing on the side for the last couple of years, mostly doing jobs for neighbors within my development, within my neighborhood. CHAIRMAN JOSLIN: If I could stop you one moment. Could you get just a little closer to the microphone, please. MR. VECCHIO: Sure. CHAIRMAN JOSLIN: Thank you very much. MR. VECCHIO: Is that better? CHAIRMAN JOSLIN: That's better. Page 10 May 20, 2009 MR. VECCHIO: As I say, I've been doing this off and on for a few years, small time jobs, mostly for residents in my neighborhood, a lot of elderly people that live in my neighborhood. It's a small community, 44 homes. About four or five years ago I initially took out the license to do the business. At no time I was never referred -- you know, related to me that I needed to have a special license to do -- to be up on roofs, as Mr. Jackson told me. As I found out after the fact when he -- when we did speak after I came off the roof he said, you can do anything you want from the ground as far as pressure washing and cleaning and things like that, but once you step foot on a roof, you need to have a special contractor's license for that. I had no idea. I've been doing this, like I said, off and on for about four or five years. When I initially took out my license, nothing was ever mentioned to me in the licensing form that I filled out, nor was anything ever mentioned to me subsequent to that time. And I've been paying my normal county licensing fee every year through the county just to keep it going. Like I say, it's only a part-time thing. I have, you know a real -- I have a real job. This is just something that I do mostly just to help out the neighbors, more so than anything else. So once he told me that, I stopped, got off the roof. No complaints. I understand. But -- and I'm not -- you know, ignorance is not an excuse; I'm not making an excuse for what I did. What I did was wrong. He pointed out -- Mr. Jackson pointed out to me that what I did was wrong. I really absolutely had no idea what I was doing was wrong, because I thought I had been doing the right thing all along all these years by when I got my letter in the mail every year to pay my licensing fee, I just kept paying it and thinking I was doing the right thing. It was never relayed to me that I needed to do more. So that's -- I just thought I was doing the right thing all along. Page 11 May 20, 2009 CHAIRMAN JOSLIN: Let me ask staff real quick. Does staff have a way of recommending what the license is when they go and apply for it? MR. JACKSON: When Mr. Vecchio is describing the license that he's kept up, I don't want the board to mistake the term license for a business tax. Mr. Vecchio has a business tax, which is, as we know, a tax to conduct business in the county, which has been kept up. So I want to make sure that the board understands that there is no license, it's a business tax receipt. And specifically it shows for a detailing service. I hope that -- CHAIRMAN JOSLIN: That's what I read into it also. MR. JACKSON: Okay. MR. WHITE: May I ask staff? CHAIRMAN JOSLIN: Sure. MR. WHITE: Are you referring to the business tax, is that something that might otherwise be known as an occupational license? MR. JACKSON: It was previously known as an occupational license. CHAIRMAN JOSLIN: Which in realty was never a license or an occupational license. MR. WHITE: Understood. CHAIRMAN JOSLIN: Always been a business tax. MR. WHITE: I'm glad it's been clarified, believe me. CHAIRMAN JOSLIN: Right, okay. Any other comments from the board? MR. LANTZ: I'm just wondering, have you obtained a license now or in the process of obtaining one? MR. VECCHIO: I had thought about doing that, but I've gotten to the point where I've decided to not even -- I have another job. I'm a firefighter by profession, so that keeps me very busy. I have a newborn child at home; I have a lot of things going on in my life, so -- and plus with the -- you know, I just decided at this time it was time to Page 12 May 20, 2009 step down and stop doing it, because being up on roofs and doing that kind of stuff is dangerous, it's dirty work, it's -- you know, can be potentially dangerous. So I decided -- when I spoke to Mr. Jackson at that point, me and my wife sat down over the next couple of days or so and we made the decision that we're not going to -- I'm not going to do any more pressure washing at all unless it's my own house. Other than that, I won't be doing anything else. I have no more desire to do it. CHAIRMAN JOSLIN: But you stated that you did it for the past three or four years without knowledge or without understanding the knowledge of what license you needed to have in order to do that? MR. VECCHIO: That is correct, sir. CHAIRMAN JOSLIN: I'm waiting for a motion. MR. LYKO S : I make a motion to uphold the citation. MR. GUITE': Second, Guite'. CHAIRMAN JOSLIN: I have a motion and a second to uphold the citation No. 4567. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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. The fine is in line. MR. VECCHIO: Thank you. CHAIRMAN JOSLIN: I believe there is a 30-day time span in which to pay this also. Page 13 May 20, 2009 MR. VECCHIO: Yes, okay. CHAIRMAN JOSLIN: Is there an Alberto Trevino present? (No response.) CHAIRMAN JOSLIN: No. Mr. Trevino was served properly as far as to be here, or he contested the citation? MR. JACKSON: Mr. Trevino initiated the hearing due to a citation that was issued. CHAIRMAN JOSLIN: Then I'm going to need a motion to uphold the citation then. MR. GUITE': I'll make a motion to uphold. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: Motion and a second on the floor to uphold the citation for an Alberto Trevino. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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. Can Mr. Trevino have some type of a letter or -- sent to him? MR. JACKSON: When Mr. Trevino -- typically when he would come into the office and deliver the letter asking for the hearing, he would be given a letter stating that he is on the agenda for this meeting. CHAIRMAN JOSLIN: Okay. Page 14 May 20, 2009 MR. NEALE: And actually, in the packet there's a copy of the agenda of the letter to him saying that he was advised. CHAIRMAN JOSLIN: He was advised, okay. Just for the record. All right, we have a Scott Billings. Scott S. Billings, sorry, are you present? Please come to the podium to be sworn in. (Speakers were duly sworn.) CHAIRMAN JOSLIN: Mr. Billings, you're before us today to reinstate a license without retesting for a tile and marble -- no, I'm sorry, excuse me, Elite Flooring Company of Naples? MR. BILLINGS: Yes, sir. CHAIRMAN JOSLIN: Would you like to express a little bit of why you're here? MR. BILLINGS: Yeah, approximately five years ago I ran into an issue with a contractor not paying me, which hurt me for about $400,000, so I had to declare business bankruptcy. So in turn I just started a new business. My wife owns this business, Kelli Eastman. And in turn, I just really wasn't keeping up watching what my staff was paying the bills, paying the occupational license or business tax, and didn't realize my actual competency card wasn't kept up for the last couple of years. We do mainly high -end hotel/resorts all over the country, and just didn't catch that I wasn't paying this one, so I'm just trying to get it reinstated without retesting. We continually do lots of work all over. CHAIRMAN JOSLIN: When's the last time the business was actually licensed? MR. BILLINGS: In this county? CHAIRMAN JOSLIN: Uh-huh. MR. BILLINGS: I think we've just missed a year. And I went to see that it was up to date and found out it was not. CHAIRMAN JOSLIN: Staff, what's the normal procedure, Page 15 May 20, 2009 normal time span for a license to be reinstated without retesting? Is it two years? MR. JACKSON: The license would be considered suspended for one year where it could be renewed with penalties. If the license holder had tested within three years, testing would not be required. But the entire application process would have to be completed: Credit report, experience affidavits, everything excluding testing. Mr. Billings tested in 2000, which is obviously more than three years, and per the code testing is required because of the over three years since he tested. CHAIRMAN JOSLIN: Right. I'm seeing in the packet that there is a test score section in here, but there's nothing filled out of the test scores that he did take. When that was, in 2000, I guess. I have a blank page. Unless I have a blank page that no one else has. MR. GUITE': How long have you lived in Naples? MR. BILLINGS: I've been here 12 years. Just to kind of fill in a little more, I do -- currently my license is active in Lee County, Charlotte County, Monroe, Dade, Broward County. I've got my license in like 12 or 15 counties and do work there. I just haven't had it in -- you know, sometimes I have the opportunity to do work here, and it just happens to be that I haven't in the last few years here. MR. GUITE': And this is your home county? MR. BILLINGS: Oh, yes, sir. MR. GUITE': And you've renewed it everywhere else except here. MR. BILLINGS: My staff was taking care of it, our girl in our office. And I just didn't realize -- actually, Lee County was (sic) at the same time didn't get renewed, but I went in front of their board and they just reinstated it, so -- and that was a month ago or two months ago. MR. NEALE: Just for the board's information, what I would suggest is the relevant section of the Collier County ordinance, and Page 16 May 20, 2009 this is Section 2.5.3, which reads in part, the Contractor Licensing Board shall take testimony from the applicant and shall consider other relevant evidence regarding whether the applicant meets the requirements of the ordinance. Upon the evidence presented by the applicant and the Contractor Licensing Supervisor, the Contractors Licensing Board shall determine whether the applicant is qualified or unqualified for the trade in which the application has been made. Findings of fact and conclusions of law regarding the approval or denial of the application shall be made by the Contractor Licensing Board. The board may consider the applicant's relevant recent experience in the specific trade and based upon such experience may waive testing requirements if convinced that the applicant is qualified by experience, whereby such competency testing would be superfluous. So that's the relevant point for this matter. CHAIRMAN JOSLIN: Also, Mr. Neale, if I can ask you, in the packet we have several items on here that are very derogatory regarding tax liens. Can you iterate a little bit on why or -- MR. BILLINGS: Yes, sir. CHAIRMAN JOSLIN: -- what's going on with those? MR. BILLINGS: That -- as you see, I've gotten a lawyer involved with that too, and actually he's supposed to be here today so we can just write him a check and be done with it. But that happened when a contractor here locally didn't pay me roughly $380,000, and I had to declare business bankruptcy five years ago. And at that time, I think it was really in the last two quarters that it was on the payroll taxes. And so they filed liens and then I've been dealing with that. CHAIRMAN JOSLIN: My only concern is that I'm seeing tax liens that go back to 2002, 2005, 2005, 2005, 2007, which shows kind of a pattern of nonpayment. MR. BILLINGS: 2007? Actually, there's nothing past'04 that Page 17 May 20, 2009 we're even dealing with them. CHAIRMAN JOSLIN: I'm showing one on mine that shows 4 of '07. MR. BILLINGS: Yeah, I did see something -- yeah there's -- there should be absolutely nothing. I mean, because I haven't -- like I say, I don't even own this business. My wife is 100 percent owner of this business, so I don't know how I -- CHAIRMAN JOSLIN: But you still qualify the business, correct? MR. BILLINGS: Yes, sir. CHAIRMAN JOSLIN: Do you realize that you are responsible for that business? MR. BILLINGS: Correct. CHAIRMAN JOSLIN: In all aspects -- MR. BILLINGS: Yes. CHAIRMAN JOSLIN: -- tax liens, bills paid to run that business. MR. BILLINGS: Yeah. Where are you seeing an '07 tax liens, if it's something I -- you know, I know the ones that I've been dealing with the IRS, but -- CHAIRMAN JOSLIN: I'm showing it as a type number Z50641805 4 of '07, a federal tax lien for 53,700K. MR. BILLINGS: Only thing, I -- you know, sometimes I get things in the mail that I can -- the only way I can testify against this is I get things in the mail where they just reinstate it or add a penalty to it that quarter or something. But in '07, I haven't financially been involved with anything and/or since Stonehenge Tile and Marble, if you see, that's the business I had prior. MR. LYKOS: Two questions, Ian. How long has it been since this license was renewed locally? MR. JACKSON: Mr. Billings qualified two companies, one Page 18 May 20, 2009 being Stonehenge and one being Elite Flooring of Naples. And at this point they are both not active or canceled in our system. The last license that was active was the qualification for Elite Flooring, and that expired in '07, which then would have been suspended in '08, January of '08. MR. LYKOS: So it's been over a year. MR. JACKSON: Correct. MR. JERULLE: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. JERULLE: I'm just now recalling, I think my past company -- previous company had dealings with this gentleman. I think I came out on the wrong end of one of his bankruptcies. I think I'll excuse myself from this. CHAIRMAN JOSLIN: I understand. MR. LYKOS: With regard to the personal credit report, if I remember correctly, Mr. Neale, the ordinance says that we are not to take personal credit information into account with regard to the business. MR. NEALE: If the business has been in business for more than one year. MR. LYKOS: I think based on the letter of the ordinance, that we can approve the renewal of the license without testing. That being said, I don't like the fact that this is going on for more than a year and several months. We get people that come in and they're only a few months behind and that's a lot easier decision to make. The ones that are a year behind, two years behind and longer, it's a little bit harder to accept I forgot to do it when it's gone on for several years. What we're finding, Mr. Billings, is that people weren't working here locally and because of the market they decide they want to come back here and work, and then they realize that they haven't maintained their license locally because they haven't had any work here, and all of Page 19 May 20, 2009 a sudden there's an opportunity for work and they decide it's time to re -up their license, and they try to get any additional requirements waived by saying that it fell through the cracks. Now, it appears that you've maintained your license in all your counties. I just -- you know, by the letter of the ordinance, we can approve this without testing. I just want to go on record as saying that I'm not comfortable with the excuse that it fell through the cracks when it's been almost two years. It will be two years this fall. That's a little bit more than it fell through the cracks. MR. BILLINGS: Yeah, I think my main issue here is, you can tell we mainly do high -end hotels/resorts. We've done a few here in the county. And my -- I guess my biggest concern here is when I have to rec -- get my license transferred to another county, all my testing scores are in this county, so if I don't have it in this county, I can't even get a license in another county because of the reciprocity. You know, you have to provide everything to them. So I can't even come here and get them, even though I can have a license in all these other counties. That's my main issue. You know, I've got to be able to somehow do that with the contractors I work for all over the state. MR. LYKOS: Everybody that comes in front of us needs their license to work, so you're not unique in that situation. MR. BILLINGS: No. MR. LYKOS: Okay? Mr. Jackson, what are the total amounts that will have to be paid by Mr. Billings to renew his license? Doesn't the amount start to get a little higher once you've gone to the level that Mr. Billings has in terms of his delinquency? MR. JACKSON: I don't have a hard documented number. Roughly what would be -- 135 to reinstate. Roughly $250. CHAIRMAN JOSLIN: Are there any other fees that are paid in other counties that you have to pay to reinstate or to keep that license that you reciprocate? Page 20 May 20, 2009 MR. BILLINGS: Yes. Like I said, my staff just overlooked this one and Lee County, and I haven't done work in either of the counties for a good couple of years, but -- CHAIRMAN JOSLIN: But yet you use this license and this testing requirement to be able to work in the other counties. MR. BILLINGS: Originally when you first reciprocity send it over there five years ago, then you just keep it up. Don't have to keep sending it yearly. CHAIRMAN JOSLIN: So you paid those counties but didn't pay this one. MR. BILLINGS: Yeah, she -- it's the office staff girl. And I just wasn't keeping up with it myself. They were paying. This one we've had the tax kept up as -- you know, and saw that on the board posted up there and just didn't see my competency card and didn't even think anything of it. MR. WHITE: Question. CHAIRMAN JOSLIN: Yes, sir. MR. WHITE: Again, kind my newness here, I'm not sure what the board's latitude is and prior considerations may have been in a situation like this, but based on what I've heard, I'd be comfortable potentially waiving the testing, but would want to consider perhaps a conditional license to make sure that when the time comes for renewal it's actually done and we have the gentleman come back here. And if it's not done, we'd be able to look over his file at that time. CHAIRMAN JOSLIN: It would have to be a probationary license or probationary allowance for him to go ahead and be in business without a test. But he only does this once a year, so it would be a year before he's due again. MR. BILLINGS: Isn't it due in October, September, something like that? MR. NEALE: Yeah, he would pop back up. Renewals are September, Mr. Jackson, I believe? Page 21 May 20, 2009 MR. JACKSON: Correct. MR. NEALE: So he would pop back -- CHAIRMAN JOSLIN: Pop back up. MR. NEALE: -- up again in four months. MR. WHITE: I don't know if it's poss -- MR. NEALE: And it certainly is within the power of the board to create a probationary license where, you know, if he doesn't renew by the renewal time that he would have to show back up here or the license would be revoked. MR. JACKSON: If I may, contractors are notified of the renewal requirement. And if I'm not mistaken, and you may be able to elaborate, if they do not renew they are again notified. Due to the volume of contractors in the county that are regulated by our staff, it's not realistic to hold one file to make sure this one contractor renews. MR. WHITE: But the point is that I think he would come back up -- if he had a probationary license, you'd know he would be coming back potentially to this board on an agenda say six months from now if the conditional or probationary period was for a six-month period. CHAIRMAN JOSLIN: It's possible that we could allow the testing requirement, I suppose, except for could we require to have a business and law -- I mean, that would pretty much I guess put him on a page as far as remembering to put his license on where it's supposed to be each year, and then also put him on a probationary period until September. MR. JACKSON: That's definitely within the latitude of the board. CHAIRMAN JOSLIN: I'm just real uncomfortable because of all the tax liens that are still out there and he's got attorneys that are working on tax liens. And if these don't get taken care of and we allow him to go without testing, he's going to be out there working with all these little things over his head, and I'm not real comfortable with that. Page 22 May 20, 2009 MR. GUITE': Well, especially, he's -- you're doing like 12 million a year in sales? MR. BILLINGS: We actually did -- you know, understand, the company is -- Elite Flooring, which I don't qualify Stonehenge for, that's the one I declared business bankruptcy on, and that was five years ago. So that's been out of business. Only company I qualify is Elite Flooring. This year we just finished up the whole Fountainebleau Hotel. We actually did about a little over $15 million worth of marble work in that hotel. Did one up in Connecticut. Did the Delano Hotel in Miami. Doing a 120,000 square foot church up in Clearwater right now. We're very upstanding. Like I said, this company is very strong, it's very, you know, well financed. It's just me personally, I got married to my wife -- so you understand, my wife and I got married after these tax issues, so there's been no tax issues since we've been married. MR. LANTZ: I just have a question. If he were to -- if we were to not waive the testing requirement, he'd take the test and automatically he's approved for a license, or would then he would possibly go on a probationary license? MR. JACKSON: The -- if you do not waive the testing, obviously the testing would be required, the entire application would be required. And if there were deficiencies in the application, being credit, experience, whatever the deficiency, Mr. Billings would then have the opportunity to come back in front of the board for that to be reviewed. MR. NEALE: One thing the board may consider doing, just as a thought, is that if you were to schedule Mr. Billings to come back at a date certain in the future, say the October board meeting, then staff wouldn't have to fight to look through his files, he would come up to be back at the board meeting, his file would come out, and if he had Page 23 May 20, 2009 renewed he could come back and everything -- you know, you can bless him and send him on his way. If he hadn't renewed, then the board could bring them back and decide what they were going to do at that point. So Mr. Jackson, would that be something that your staff could do? itself. MR. JACKSON: It could be done. MR. NEALE: It would be easier than trying to track the file MR. JACKSON: Like I said, it's not realistic whatsoever to hold on to one file to make sure this contractor renews. MR. NEALE: But if he popped up automatically, then you'd go for the file. It's just a suggestion to the board. MR. BILLINGS: Just so you know too, regarding the tax liens, we are supposed to know today from the attorney out of Michigan. And we're just prepared to write a check and be done with it. They just won't accept -- haven't accepted one at this point, so -- CHAIRMAN JOSLIN: I would have thought, though, in that particular comment that you would have had this already taken care of before coming to this board. MR. BILLINGS: It's just the way the IRS works. I've been dealing with it for four and a half years at this point. It's been very frustrating. But the 20th is today and they're supposed to come back to the attorney and say we want 90,000, we want 60,000, we want whatever, and we're just going to write a check and it's going to be over with. MR. GUITE': Are these personal tax liens? MR. BILLINGS: They were actually on the business. But because — MR. GUITE': The payroll taxes? MR. BILLINGS: -- I was sole owner of the business. MR. GUITE': The payroll taxes. Page 24 May 20, 2009 MR. BILLINGS: Yes. MR. GUITE' : Okay, I'm going to make a motion that we do not waive the testing, and I'd like for him to fill out a full application, and we're going to start from square one. There's a couple of reasons why. One, you've been through bankruptcy in your business. You have a lot of IRS liens on here. And you're dealing with that type of flooring and that caliber of work, at $12 million a year, I just can't let you go and just be done with it. Especially when this is your home county, and you forget to file for your license in your home county. And I went through the phone book last night and I couldn't find either you or Elite Flooring in the phone books. MR. BILLINGS: It's just listed under my wife's name, Kelli Eastman. Because we work out of our house. And like I said, everything's imported. I import from around the world, just job specific. All we do is -- MR. GUITE': You don't have a business phone at all? MR. BILLINGS: No. We have our offices on the back side of our property. We have two and a half acres, and we have separate buildings that has office staff in it. CHAIRMAN JOSLIN: Isn't that one of the requirements for a business, to have an active phone, active communication? I'm pretty sure it is. MR. JACKSON: Well, in our database we should have an active phone. Could that be their home phone? Of course it could. MR. LYKOS: Second the motion, Lykos. CHAIRMAN JOSLIN: I have a motion and a second on the floor to deny retesting. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. Page 25 May 20, 2009 CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? MR. LYKOS: Wait a minute, can you restate what the motion was? The way you said it, you said deny retesting. CHAIRMAN JOSLIN: Deny retesting, right. MR. LYKOS: That's not what Eric's motion was. CHAIRMAN JOSLIN: Oh, I'm sorry. What was your -- I'm sorry. MR. GUITE': It was to not waive the testing and go through the full application process and then come back. CHAIRMAN JOSLIN: To not waive the testing requirements. MR. GUITE': To not waive the testing. CHAIRMAN JOSLIN: Motion and a second. All those in favor? MR. BOYD: Aye. MR. GUITE': 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. Sorry. You understand now, you have to go and take the test -- MR. BILLINGS: Absolutely. CHAIRMAN JOSLIN: -- bring the packet before us and we'll start again. MR. BILLINGS: I'll do that. All right, thank you. Page 26 May 20, 2009 CHAIRMAN JOSLIN: You're welcome. MR. JACKSON: Mr. Chairman? CHAIRMAN JOSLIN: Yes. MR. JACKSON: I believe Mr. Albert Trevino has showed up. He was contesting the citation, and he was not present at his time. And I do believe that he is now here, if the board would want to reconsider hearing it. CHAIRMAN JOSLIN: Okay. We'll need to motion to reverse the motion to uphold the citation. MR. LYKOS: Mr. Neale, we already had a motion and acted on it. MR. NEALE: And what the board could do, since the hearing's not been closed at this point, the public hearing is still open, is the board could essentially move to rehear the matter. That's essentially what you would be doing is doing a rehearing, since there was no one in appearance at the first time. The Florida statute on this reads that if someone doesn't appear, it's automatically found to be valid. The fact that they have appeared late, you know, I think the board has within its discretion to reopen the matter for rehearing. But that's totally up to the discretion of the board. CHAIRMAN JOSLIN: I think that would be something that could be in line, because we could have moved him to later down the agenda. So either way, I think we could reopen it again to rehear the case. MR. NEALE: So we need a motion to reopen. MR. WHITE: So moved, White. CHAIRMAN JOSLIN: We need a second. MR. JERULLE: Second, Jerulle. CHAIRMAN JOSLIN: Motion and a second to rehear the case on Michael Vecchio (sic). All those in favor, signify by saying aye. MR. GUITE': Al Trevino. CHAIRMAN JOSLIN: I'm sorry Albert Trevino. Page 27 May 20, 2009 Signify by saying aye. MR. BOYD: Aye. MR. GUITE' : 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. Too many changes on this board today. Got me all confused. Mr. Albert Trevino, are you here? MR. TREVINO: Yes. CHAIRMAN JOSLIN: Would you please come to the podium and be sworn in, please. (Speakers were duly sworn.) CHAIRMAN JOSLIN: Mr. Ossorio was actually the investigator on this particular violation, No. 4473; however, he is on vacation, so Mr. Kennette's going to I assume take over? MR. KENNETTE: Yes. Allen Kennette, Contractor Licensing. This is a case that -- a lot of cases that we've been running across with people that do lawn service are getting involved in doing sprinkler and irrigation service. We have taken action against a lot of companies that are doing irrigation on a lawn service only license. A lot of them are advertising on their trailers that they do irrigation repair, also new irrigation installation. Which is the case here for a Mr. Trevino at Trail Boulevard. He was observed by Mr. Ossorio out there doing work with that number on his truck. Asked him where his license was for irrigation, which he did not have one at the time, no competency card for irrigation, just May 20, 2009 lawn service, but that he does do irrigation repair. He was involved informed that it's a violation, that he does need an irrigation license if he wants to continue, and remove the lettering off the trailer that shows that he actually does irrigation, because he's advertising that he is an irrigation contractor, which he is not. Citation 4473 was issued and we're here now because he wants to protest it. CHAIRMAN JOSLIN: Mr. Trevino, could you elaborate a little bit on what happened. MR. TREVINO: Yes. Good morning. I just got a new sign built by Razor Graphics. We were trying to fill up space. I personally have not done any sprinkler work. I let Mr. Ossorio know that I don't do it, that it's advertised that I did. It is advertised. When I was doing the work, I was doing -- cutting trees, trimming trees. I am a full landscape, I'm not a lawn service, I'm a full landscape. And I just asked him if he would give me a warning. He asked me -- he told me if I could correct the problem, I said I would. And I had Razor Graphics go out there that same day and take care of the problem. The truck did not move from there. Did I tell him that I do it? I don't do it. I haven't don't any sprinkler work. I just do bobcat service and tree service, that's all I do. I take plants out and put them in. And basically I'm just here to see if we could maybe waive the fee. I have since then gone to go see Jennifer and see if I can get my sprinkler license, even though it's something that I don't do. Basically it was a mistake on my part, trying to fill the board, trying to fill my sign up. And it did have it on there. And for that I do apologize. But basically I'm here before the board to see if they could waive MEMO, _ ., May 20, 2009 the fee, it being that I paid almost what the fine is just to have the signs recovered up when I just had them done. CHAIRMAN JOSLIN: Sir, just trying to fill up the blank spaces on the sign? MR. TREVINO: That's all that was. And I apologize for that. And I was not aware that it was, you know, to that extreme. But like I say, I have not done any sprinkler work. I don't do any sprinkler work at all. CHAIRMAN JOSLIN: Why didn't you put general contractor and roofing and AC and all that -- MR. TREVINO: Like I say, it's -- CHAIRMAN JOSLIN: -- and fill up the lines, too? MR. TREVINO: -- not part of landscaping. But like I say, for that I do apologize. And I apologized to him that day and I told him that I would take care of it ASAP. And like I say, I think I even provided a copy of the receipt where Razor Graphics went out there on the spot that same day and we got it taken care of. And that's basically what I'm -- you know, times are really tough for us and we're just trying to see if you could waive it and that's all. CHAIRMAN JOSLIN: Filling up the sign you're talking about. MR. TREVINO: And that's all it was, sir. That's all it was. CHAIRMAN JOSLIN: You do realize -- then you do admit that you were wrong. MR. TREVINO: Oh, no, I admitted to him that same day. I admitted to him that same day. And like I say, all I'm trying to do right here is trying to see if I can get it waived. And like I say, I'm trying to get it fixed. I've already got the application, I've got the testing sites and I've purchased the books already to get the restriction off to get the sprinkler license. CHAIRMAN JOSLIN: And you can have Razor come back and put it back on your sign. M May 20, 2009 MR. TREVINO: And I could have them put it back on. CHAIRMAN JOSLIN: Okay, great. MR. TREVINO: And that's all I'm asking. Because then it would be probably over a 600 and some dollar fine, plus what it's going to cost me to get the sprinkler license and do the test and everything else. So I'm thinking it's going to be well over $1,000. And all I'm asking is to see if you guys could please waive the 300. I am in the process of trying to get the sprinkler license off, and the problem has been taken care of as far as having the sign still on there saying that I do sprinkler work. CHAIRMAN JOSLIN: How long has that sign been on there? MR. TREVINO: As far as what? CHAIRMAN JOSLIN: As far as the sprinkler portion of the sign that you filled up. MR. TREVINO: I'm not sure what date was that that was on there. It had been at least maybe a month. But like I say, I go out every -- I go out once a week, twice a week, if that. And I'm basically local. I mean, that's if I'm lucky I'll get called twice a week to come out and do some trimming. But as we all know, work is very scarce right now for us. And if anything, it's going to start to pick up hopefully with the rain. But as of yet, you know, it's very, very competitive out there. And if I go out once or twice, it's way too much. CHAIRMAN JOSLIN: Okay. I'm going to make a motion that we uphold the citation, 4473. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: Motion and a second on the floor. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. Page 31 May 20, 2009 CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Sorry. Take the test or get the license. Thanks. Ronald Palmer. I'm looking for a Ron Palmer. (No response.) CHAIRMAN JOSLIN: Not here. Okay, I'll miss it for a moment here. We'll just put it on the table for a second, see if he shows up before we do the same thing we had to do a minute ago. Sonia Pajaro? Please come to the podium and be sworn in. (Speaker was duly sworn.) THE COURT REPORTER: Please spell your name. MS. PAJARO: S-O-N-I-A. P-A-J-A-R-O. CHAIRMAN JOSLIN: Give us just one second. Say your name? Pajaro? MS. PAJARO: Pajaro. CHAIRMAN JOSLIN: Okay. We're here to review your credit report for a license that you are trying to obtain for American Painting; is that correct? MS. PAJARO: Yes, sir. CHAIRMAN JOSLIN: Being this is a thick packet and we just got it, it's going to take us a second to at least go through it and see why. But would you maybe start by just giving us a brief synopsis of what the problem is with your credit, what items that you want to discuss. MS. PAJARO: One of the main things that it's in there is civil judgment, which I have been taking care of. I have some Page 32 May 20, 2009 correspondence from my lawyer that shows that I have already make arrangement for payment. They have been talking back and forth. And I have made a payment of $500. I have a copy of the check and a letter from the lawyer. So they have decided to accept not 500, as they have talked before, they have come up with an $800 settlement. Which I have a letter for, too. And the others -- the other derogatory stuff that I have in there, I am working through my lawyer, too. You need my lawyer's name? CHAIRMAN JOSLIN: Not at this time, no. MS. PAJARO: Okay. I want to add that the problems that I have with my credit, it's due to lack of employment, which you know that everybody's going with that. And it's been going on for a while, too. It is not a recent thing, it's been going on. And it's really hard to just sit in your house and wait for somebody to call you. Instead of that, that's why I decided to apply for the license, because I think I can go out and get some work. CHAIRMAN JOSLIN: I'm showing a verification for your construction experience that shows that you apparently worked for Day Break Construction? MS. PAJARO: Yes, sir. CHAIRMAN JOSLIN: Were you doing painting for them also? MS. PAJARO: Yes, sir. CHAIRMAN JOSLIN: Were you working for the company or just painting on the side? MS. PAJARO: No, I was working for them painting. CHAIRMAN JOSLIN: Under payroll? MS. PAJARO: Yes. CHAIRMAN JOSLIN: They paid you every week? MS. PAJARO: Yes. CHAIRMAN JOSLIN: Any discussion from the board, any Page 33 May 20, 2009 questions? (No response.) CHAIRMAN JOSLIN: I'll give you a minute. MS. PAJARO: I also work for S&S Painting on the east coast and here. And also for Dominic Painting Services, but he passed away so I couldn't get any verification. CHAIRMAN JOSLIN: So you actually get up on a ladder and paint or -- MS. PAJARO: Yes. CHAIRMAN JOSLIN: -- whatever you do? MS. PAJARO: Yes, sir. CHAIRMAN JOSLIN: Run the guns and all that kind of stuff? MS. PAJARO: Well, yes, that too. MR. LYKOS: Ms. Pajaro, when did you work at Naples Community Hospital? MS. PAJARO: Many years ago. MR. LYKOS: Can you give me some idea of the years that you worked there? MS. PAJARO: I worked for Naples Community Hospital nine years. MR. LYKO S : From when till when? MS. PAJARO: 1980 -- I can't remember. Eighty something to 2000 -- '995 I think it was, 1999. And then I worked for Trinity Medical Services for five years, and I got burned out. MR. LYKOS: So when did you leave Trinity Medical Services? MS. PAJARO: 2002, I think it is. 2002, I believe it was. MR. LYKOS: Okay. CHAIRMAN JOSLIN: If the board would want to look at I guess it's Page maybe 2 of the in balance sheet, I'm showing a couple things that were -- that are at least showing some kind of a history from '07. It appears that all the bad stuff that happened to her was back Page 34 May 20, 2009 in the -- I was going to say six, seven years ago or longer, which there were several. MR. LYKO S : Two questions, Ian. First one, Ms. Paj aro is here because of her credit? MR. JACKSON: Correct. MR. LYKOS: Correct? MR. JACKSON: Correct. MR. LYKOS: Does that mean you're satisfied with her experience and her testing scores? MR. JACKSON: To say that I am satisfied is probably not the most accurate term. MR. LYKOS: She's met the qualifications? MR. JACKSON: Apparently she has met the experience qualifications. To my knowledge the issue is the credit. CHAIRMAN JOSLIN: I don't think I would have a problem with maybe granting her a six-month probationary license and see how the credit goes. And if you're working on trying to pay off the rest of the remainder of the balances that you have, at least making payments to them, maybe a review in six months and then we'll see how you're doing. MS. PAJARO: Yes, I'll be happy to comply with any restrictions that you apply. CHAIRMAN JOSLIN: Since you have passed the test and you actually do have experience to do the job. It's just my thought. Any other discussion from any of the other members? MR. WHITE: Just as a point of information for the applicant, it would be of interest to me, I think one item that I see that's still a collection account out there that hasn't otherwise been charged off or just delinquent is -- it says CACV of Colorado, LLC. The original creditor was MB&A, American Bank, and it's a collection account, but it looks like there's over $7,200 outstanding. I don't know what the status of that is, but it shows a balance Page 35 May 20, 2009 date of 2/15/09 with that dollar amount still past due of over $7,200. So that is an item that in looking at it in the future I'm thinking probably needs to be considered by you and dealt with. MS. PAJARO: Yes, I am working with them with a lawyer and my lawyer. And the last communication that I have from my lawyer was that they agree to make a $100 payment every month on that. MR. WHITE: That's not the Capital One matter? MS. PAJARO: No. MR. WHITE: Correct. Because your lawyer's letter for Mr. Lago only specifically referenced the Capital One account. So it's just your testimony that you're looking to work that off with your lawyer at $100 a month. MS. PAJARO: Yes, but I have a letter here. MR. WHITE: Okay. That's it for me, Mr. Chairman. CHAIRMAN JOSLIN: Okay. Anyone else? (No response.) CHAIRMAN JOSLIN: Any other discussion? MR. LYKOS: I have another question. CHAIRMAN JOSLIN: Sure. MR. LYKOS: The letter from the attorney has your last name as Ortega? MS. PAJARO: Yes, sir. I used to be married to an Ortega person. My single name -- my maiden name was Vasquez, and now my new married name is Pajaro. MR. LYKOS: Okay, thank you. CHAIRMAN JOSLIN: If there's no further discussion about this, I'll entertain a motion. I'll make a motion that we allow Mrs. Pajaro of American Painting, LLC a license of a six-month probationary period and after the six-month period she's to come back before this board with a new credit application and indicating on it how she has paid off some of these debts or at least how the terms of payment are being made. May 20, 2009 MS. PAJARO: Okay. MR. GUITE': I'll second. CHAIRMAN JOSLIN: We have a motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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. Good luck to you. M S . PAJARO: Thank you. CHAIRMAN JOSLIN: You can't be able to get your license today, because everyone at the county is here. But by tomorrow you can go down there and file your paperwork and then you'll be all set. MS. PAJARO: Thank you very much. CHAIRMAN JOSLIN: Remember, it's a six-month probationary license, okay? So after six months you will come back before the board, you will bring us another credit report, and we're going to review it again. If something should go wrong and nothing happens on it, then we have the power to be able to take that license away again. Okay. MS. PAJARO: Thank you. I understand. And I thank you again for being magnanimous with me. CHAIRMAN JOSLIN: No problem. You're welcome. Okay -- MR. JACKSON: Mr. Chairman? Real quick. I do apologize, Page 37 May 20, 2009 there was a deletion that was overlooked by me. Mr. Calvert Courtney had a medical emergency where he's not able to attend our meeting today. MR. GUITE': I was looking forward to seeing him. CHAIRMAN JOSLIN: I was too. MR. LYKOS: His one-year probation ends this month. MR. NEALE: Yeah. It was May last year. CHAIRMAN JOSLIN: Yeah. So -- MR. WHITE: In inquiry, Mr. Chairman -- CHAIRMAN JOSLIN: Yes. MR. WHITE: -- to staff. When did you get that notice? MR. JACKSON: I was notified I believe yesterday. I'd like the board to understand that I was out of work last week, so it took me a couple of days to get up to speed with all the intricacies of today's meeting. But I was notified within the last two days of Mr. Courtney's absence. MR. WHITE: Was that by a phone call, a fax, an e-mail? MR. JACKSON: I was notified by staff. And how our staff was notified by Mr. Courtney, I'm not very sure. MR. LYKOS: I make a motion that Mr. Courtney's license be revoked. And if he wants to get it renewed, he can come back in front of us again. He needs to come back in front of us again. MR. HORN: Second -- MR. LYKOS: My patience is exhausted with Mr. Courtney. MR. WHITE: Just a point of clarification. Again, I apologize for not understanding some of the history. And I fully appreciate how you feel about it, but if I understood correctly, his license was otherwise going to expire already. So I don't know whether -- I mean, can you just help me to understand where we are procedurally with the status of his license? CHAIRMAN JOSLIN: Yes, Mr. Courtney's case has gone on for May 20, 2009 about -- this is about the fourth time he would have been here before us for a case that he was found guilty of. MR. JACKSON: Mr. Courtney was found in violation one year ago and placed on a one-year probation, which obviously would have expired at this meeting, had Mr. Courtney attended and supplied the board with what was requested of him. MR. WHITE: We may have decided to give him a full or extend his probation or not. MR. JACKSON: The board would have made a ruling on whether to relieve Mr. Courtney of his probation, extend the probation, revoke the license, suspend the license. Any number of actions could have been taken by the board. MR. WHITE: My point is if we do nothing, what happens? MR. NEALE: If the board takes no action, it will be my opinion that the license would then be invalid, would be inactive. That it would be as if he had not renewed it, essentially. MR. WHITE: So the point of revoking wouldn't be then that -- MR. NEALE: The point of revocation is -- MR. WHITE: -- he'd have to reapply completely. MR. NEALE: He would have to reapply with a revocation on his record. And the board would at that -- I would opine that almost certainly the contractor licensing supervisor would then refer his new application to the board for review, at which point in time the board would take into account all of the previous factors, including his revocation and whether to grant him a new license. I would suggest that Mr. Lykos' suggestion of making a formal motion to revoke and having the board vote upon that is probably, in an excess of caution, the appropriate route for this board to take. MR. WHITE: I merely wanted it on the record and my own information. I appreciate it. Thank you. MR. GUITE': I'll second. Page 39 May 20, 2009 THE COURT REPORTER: I think there was already a second. MR. HORN: Yeah, I seconded it. MR. GUITE' : Did you? MR. HORN: Yeah. MR. GUITE': Okay. CHAIRMAN JOSLIN: Any further discussion? MR. JERULLE: I think I'm lost a little bit. Would you repeat what your recommendation was, Mr. Neale? MR. NEALE: I would recommend that the board follow what Mr. Lykos appears to have suggested, which is make a formal motion to revoke based upon a failure to comply with the terms of the probation. MR. JERULLE: I understand. MR. NEALE: And I think that basis needs to be put into a motion and put on the record. CHAIRMAN JOSLIN: The only other cause of action that would come up is he was seriously or there was a serious problem in the family as far as medical or whatever, he could appeal this and come back later on. MR. NEALE: You know, this is a public board and he certainly has the ability to petition the board for a review. MR. GUITE': And he could have actually faxed Ian the profit -and -loss statement and we'd at least have that. CHAIRMAN JOSLIN: Yes. MR. NEALE: That was his only requirement at this is to show the balance sheet and P&L. CHAIRMAN JOSLIN: Mr. Kennette? MR. KENNETTE: Yes, just one thing on Mr. Courtney. I was the one that he called. He called yesterday morning about 10:15. Of course I didn't get back to the office till almost 3:00. That he said that he had forgotten that he had a bone marrow checkup. THE COURT REPORTER: Mr. Kennette, could I please swear Page 40 May 20, 2009 you in. (Speaker was duly sworn.) MR. KENNETTE: For the record, Allen Kennette, Contractor Licensing. Two things: Mr. Courtney was at our office about three weeks prior to this meeting today, asking again about what he needed to bring in for verification. Still not sure. He was informed again that he -- what he needed to bring in to clarify it, and he said he would take care of that, but it's very costly at this time, that he's not working heavily like he used to. So he was aware of it, he had no recognition of any type of appointment. Yesterday's message was that he forgot that he had an appointment for a bone marrow checkup is what he left on my answering machine, and that he would not be here. CHAIRMAN JOSLIN: All right. Well, if that is true, he'll still have the right to appeal, if that's the case. But at the moment I think Mr. Lykos' motion is on the floor. We have a motion and a second to revoke Mr. Calvin N. Courtney, II license. I need a motion -- I mean, all those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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: The motion carries. Okay, there's one last thing under new business. You want to Page 41 May 20, 2009 move this down the road for a little later time, the order to pay civil penalties, so we can discuss it further, or you want to do it now? MR. JACKSON: That's entirely up to the board. CHAIRMAN JOSLIN: Let's do it now. Because this case is going to get involved, I'm sure. MR. NEALE: Essentially that's just an administrative act by the board. CHAIRMAN JOSLIN: Okay. MR. WHITE: Do we have a copy of the order? Again, kind of just apologize for my lack of knowledge. CHAIRMAN JOSLIN: I don't believe any of us have at a moment. MR. NEALE: What this -- CHAIRMAN JOSLIN: Just going to read this. MR. NEALE: -- is, just for your information, Mr. White, is the board adopted a procedure whereby on citations that were issued, not appealed and failed to pay, the board, as I say, inaugurated a procedure whereby those would come to this board for a recognition of the failure of order to pay and entry of an order that they had failed to pay so that that order could be recorded in the public records. And that it would constitute a lien on the person's property against whom the citation had been issued. So this authorizes the county to enter that lien on -- to record that lien. MR. WHITE: So we have a series of orders that we're being asked to consider, and we would, under the procedure, approve the chairman to sign them and have them recorded? MR. NEALE: Yeah, effectively it's a consent agenda item, yeah, where it's just a whole stack of citations that were unpaid. And it was determined several meetings ago that it was required that the board make a finding and actually accept these so that the -- so that the liens could be recorded. Page 42 May 20, 2009 This is under Florida statute. When these go unpaid, they constitute a lien on the property and they can be foreclo -- they can create a lien and then the lien can be foreclosed on. But certainly it's not financially rational for the county to foreclose on $300 liens. MR. WHITE: Understood. Do you feel we need to have some degree of notice at least of the names of the individuals that these orders pertain to in some aspect of a record, or will they -- MR. NEALE: They will become part of the record, so -- MR. JERULLE: So we're not voting on individual liens, we're voting on all -- MR. NEALE: All of these that have been issued. And it's really an administrative act. Because they automatically by terms of statute become liens. We're just authorizing the county to go -- the chairman to sign those orders so that they can be recorded. MR. WHITE: Understood. CHAIRMAN JOSLIN: In a motion? MR. LYKOS: Do you need to do a formal motion? I make a motion to authorize the chairman to sign the orders to pay civil penalties for the official record. MR. WHITE: And I'll second it. Your motion includes having the county record them. Do you agree, Mr. Lykos? MR. LYKOS: I believe that's what my -- I think I said that in my motion, for them to be signed for the official records. MR. WHITE: Okay. Second. CHAIRMAN JOSLIN: I have a motion and a second on the floor. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. Page 43 May 20, 2009 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. I won't sign these right now, I'll do it later. All right, that pretty much closes new business and old business. MR. JERULLE: Ron Palmer. MR. WHITE: You have Mr. Palmer. MR. JERULLE: Ron Palmer. CHAIRMAN JOSLIN: Oh, Mr. Palmer. Is he here? Mr. Palmer? (No response.) CHAIRMAN JOSLIN: Still not here. MR. WHITE: He was seeking a waiver of an exam? MR. JACKSON: I could elaborate, if it would please the board. CHAIRMAN JOSLIN: All right. MR. JACKSON: Mr. Palmer has a stump grinding business in which grinding of stumps would fall under a tree removal license or a landscaping restricted license. All Mr. Palmer does is grind stumps, so we were going to put some options out there for him to take a business and law test, waive the tree test and issue a restricted tree license that would restrict him to only stumps. So that was what the board was going to hear. And the board would have ruled on the waiving of the actual tree exam, because staff does not have the ability to waive an exam, only the board can. So that was the reason for Mr. Palmer to be here. With his absence, I would assume that he's going to have to go through all of the testing at this point. MR. WHITE: Do we have -- May 20, 2009 CHAIRMAN JOSLIN: So we don't have to hear this at all then. MR. NEALE: No. MR. WHITE: Well, just point of procedure, do we have an option to table it for a month? MR. NEALE: That certainly is an option of the board is the board could table this for a month for him to reappear. MR. WHITE: I mean, I don't know what the notice he was given, but I'm assuming he was notified that he was going to be on the agenda today? MR. JACKSON: Again, this was a hearing that was initiated by Mr. Palmer. CHAIRMAN JOSLIN: Right. We didn't bring him before the board, he brought himself before the board. MR. JACKSON: He would not have been -- the process of service would not have been a factor in this, because he initiated the hearing. MR. WHITE: But there's nothing in his letter that says I want to come and talk to you on today's date. I mean, I'm just trying to give the guy the benefit of the doubt, realizing that if he wanted to come talk to us, we probably should have let him know when it was. MR. JACKSON: Typically when we receive the letter from a respondent, for lack of a better term, when they initiate a hearing, if they do it in person, they're given a letter. If we receive it by mail we would mail -- we being staff would mail a letter indicating the date of the hearing, the location of the hearing, the time of the hearing. MR. WHITE: Well, I saw those for other applicants but I didn't see one for him, so that's why I raised the question and wasn't sure. CHAIRMAN JOSLIN: If he's coming here to waive an examination, he's asking us to do him a favor, in a sense, to waive the testing requirements and do something else in his behalf. And if he doesn't show up here to present that, then there's no reason to hear the case. Page 45 May 20, 2009 MR. WHITE: My only point was to have some assurance that he actually knew he was supposed to be here today at 9:00 a.m. That's all. MR. GUITE': There's no letter like this in the packet. CHAIRMAN JOSLIN: Right, I understand. MR. LYKOS: Well, we're not denying him the opportunity, we're just saying that we can't do anything about it because he's not here. MR. NEALE: Yeah, essentially the board's taking no action. MR. WHITE: That's why I inquired about tabling it for a month and -- MR. NEALE: It really -- I mean, it could be done as sort of an excess of caution. But, I mean, if he comes to the county staff and says gee wiz, I couldn't make it, can you put me back on the agenda next month, there's no prejudice to him because he didn't appear this month because there's been no finding. CHAIRMAN JOSLIN: Right. Okay, we're going to move right along. We have one public hearing. MR. NEALE: Take a break. CHAIRMAN JOSLIN: You want to take a break for just a few minutes? MR. GUITE': Yes. CHAIRMAN JOSLIN: Okay, we're going to recess for, let's see, how about 15 minutes. Would that suffice? 10:35, be back in your seats. (Recess.) CHAIRMAN JOSLIN: All right, I'll call back to order the May 20th meeting of the Collier County Contractor Licensing Board. First question is, did Mr. Palmer -- he's not going to be here; is that correct? MR. JACKSON: Mr. Palmer, he was here, he will not be heard today. He elected to come back in June. e May 20, 2009 CHAIRMAN JOSLIN: Oh, okay, whatever he likes. All right, we have a case under public hearings. The case is No. 2009-06, which is Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Inc. Are they present? MR. GANGULI: Yes. CHAIRMAN JOSLIN: Please come to the podium and be sworn in. MR. PHILLIPS: May I please, with respect -- can you please give me one like you do in the courthouse over there without swearing? It's against my religion, I promise. Can you do something like that? (Speakers were duly sworn.) CHAIRMAN JOSLIN: First I need a motion to enter the packet for Case No. 2009-06 into evidence, please. MR. WHITE: So moved, White. MR. BOYD: Second, Boyd. CHAIRMAN JOSLIN: All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': 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. This is a case by the Board of County Commissioners, Collier County. This is the petitioner versus Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Inc., Case No. 2009-06, under Page 47 May 20, 2009 license number 16193-CAC054717. It's an administrative complaint with the Contractor Licensing Board of Collier County files an administrative complaint against Bobby J. Phillips. Under count number one, Collier County Ordinance 2006-46, Section 4-2-2, willfully violating the applicable building codes or laws of the state, city or Collier County. Just for the record, I'm going to read in the proceedings exactly how this is going to run. Asked by Mr. Neale. The hearings are conducted pursuant to the procedures set out in 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 governs the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of 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 findings unless such hearsay would be admissible or objection (sic) in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil action. Any member of the Collier County Contractor Licensing Board may question any witness before the board. Each party to the proceedings 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 rebut any evidence presented against the party. May 20, 2009 A chair person, or in his or her absence the vice -chair person, shall have all 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 the hearing is for the county to present an opening statement which sets out charges and in general terms how it intends to prove them. The respondent then makes his or her opening statements, setting out in general terms the defense charges. The county then 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 puts on his or her defense. They may call witnesses and do all the things described earlier; that is, call and examine witnesses, introduce exhibits, cross-examine witnesses, to impeach any witness, regardless of which party called the witness to testify, and to refute 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, which the county getting a second chance to rebut after the respondent's closing statements (sic). The board then closes the public hearing and begins deliberations. Prior to beginning deliberations, the attorney for the board will give them a charge, much like a charge to a jury, setting out the parameters on which they base their decision. During deliberations the board can ask for additional information and clarification from the parties. The board will then decide two different issues: First, whether the respondent is guilty of the offenses charged in the administrative May 20, 2009 complaint. A vote will be taken on this matter. If the respondent is found guilty, then the board must decide sanctions to be imposed. The board attorney at this point will advise the board of the sanctions which may be imposed and factors to consider. The board will discuss sanctions and take a vote on those. After the two matters are decided, the Chair, or in his absence the vice chair, will read a summary of the order to be issued by the board. This summary will set out the basic outline of the order, will not be exactly the same language as the final order. The final order will include full details required under state law and procedure. With that said, I'll need to have some opening statements from county. MR. GANGULI: Investigator Ganguli, Collier County Contractor Licensing. Good morning, gentlemen. Mr. White, Mr. Lantz, welcome aboard. I'll try not to bore you too much. This is Case 2009-06, Board of County Commissioners versus Bobby J. Phillips, Jr., doing business as Bob's Air Conditioning and Refrigeration, Incorporated. On April 2nd, 2009, I, Rob Ganguli, Collier County Contractor License Compliance Officer, received a preliminary complaint form submitted by the homeowner of 6901 Compton Lane South, Mr. William Koenig, regarding an air conditioner installation performed by Bob's Air Conditioning and Refrigeration, Incorporated, state certified contractor CAC-054717. The complaint was: On September 3rd, 2008 the homeowner hired the above mentioned contractor to replace the condenser and air handler. The initial installation was performed without a building permit being issued prior to commencing the work. In addition to this, the homeowner also observed the roof trusses of the home being structurally modified without a building permit by the respondent in order to accommodate the installation of the air Page 50 May 20, 2009 handler. The homeowner paid the contractor in full, but no active permit is issued and no inspections have been done for any type of work. These activities and the failure of the contractor to remedy these issues result in a violation of the 2004 Florida Building Code, Section 105-1, regulating obtaining permits, as well as Collier County Ordinance 2006-46, Section 4.2.2, governing misconduct by state certified contractors, specifically for willfully violating the applicable building codes or laws of the state, city or Collier County. CHAIRMAN JOSLIN: Thank you, Mr. Ganguli. Mr. Phillips, would you like to give an opening statement on the charges that are against you? Briefly just explain what went on. MR. PHILLIPS: Can I hear the date again or get a piece of that paper? He gave me a sheet this morning. CHAIRMAN JOSLIN: The date was April 2nd, 2009. MR. PHILLIPS: That's when they filed this thing, or the homeowner did? Can you tell me that? CHAIRMAN JOSLIN: Yes, preliminary complaint. MR. PHILLIPS: I guess so, yes, sir. CHAIRMAN JOSLIN: The complaint was actually on September 3rd of'08. MR. PHILLIPS: So the homeowner filed something on September 3rd? I'm just curious, if I may ask. I missed that part. When did they file with the county, sir, if I may ask? MR. GANGULI: We received the complaint on April 2nd, 2009. MR. PHILLIPS: Thank you for that. MR. GANGULI: The installation was done on September 3rd, 2008, per the contract. MR. PHILLIPS: Okay, may I ask, when did he contact the county, please? Rob, can I ask you when you contacted the -- MR. GANGULI: Again, we received the complaint from the Page 51 May 20, 2009 homeowner on April 2nd, 2009. MR. PHILLIPS: Okay, so that's when he signed it? MR. GANGULI: Signed what, sir? MR. PHILLIPS: The complaint. MR. GANGULI: That's when he filed -- MR. PHILLIPS: That's when he filed the paperwork. MR. GANGULI: Yes, sir. MR. PHILLIPS: Okay. And you didn't have any contact with him prior? MR. GANGULI: No, sir, that's when he came to our office. MR. PHILLIPS: Okay. I mean, I understand that, but did you have any contact with him prior? CHAIRMAN JOSLIN: Excuse me one second. MR. PHILLIPS: I'm sorry. CHAIRMAN JOSLIN: I'd like to have just a synopsis of what the case is about first. MR. PHILLIPS: Well, this -- CHAIRMAN JOSLIN: Just an opening statement. Then we'll get into the questions and answers. MR. PHILLIPS: Yes, sir. I am a state cert -- CHAIRMAN JOSLIN: I understand what you are. I'm just telling you the way we're going to do it. MR. PHILLIPS: Yes, sir, absolutely. Please. CHAIRMAN JOSLIN: Thank you. MR. PHILLIPS: The homeowner had a heat complaint during the winter on about one of the coldest days. And he didn't believe I installed the heat properly. So I did do my very best to explain to him. I went out several times -- well, I should say that, about the heat two times. Afterward he just wasn't convinced. See, the system only had a 10 kw service. That's all I could put in it. I replaced the system with the same system. Page 52 May 20, 2009 He had another company in and they told him that I cut the trusses. Now, I go on a lot of air handler installations, and these trusses are cut everywhere. Fire walls down and so forth. I mean, man, all over town. Now I'm getting charged for this one. I mean, really, okay? Now, this homeowner, he's out to get me. I'm being as -- I have not been nothing but nice to him. And that's all I will be. He even broke my little boy. (Phonetic) And I am nothing but nice. He made me -- he said, I'll tell you what, Bobby -- I hate to say that -- I'm going -- if you don't give me the $250 that the company charged -- and by the way, they charged him 1,900, okay? And the problem with that, the reason I pulled my permit off before the work was done, because he's traveling back and forth, okay, is that the other people come in and told him certain stuff and charged him. They took over that job and they had the heat working with the cooling. So when that place burns down, I'm in front of the state board and Rob says you can't do that, I said -- what am I supposed to tell him, Rob told me to? He didn't even tell me his last name. He calls me on the phone, says, you better get that -- I get in there, he's spitting on me, he's talking so fast. These people did nothing but threaten me. I'm like, man, I didn't do it. He said, well, you're going to get a lawyer. I said, Rob, my defense is I didn't do it. Now, if you gentlemen have any questions, I'll be glad to answer it, okay, I promise you. I mean, a lot of stuff sounds pretty bad. But I'm like, no. Where did this assumption come from. My permit I revoked because a company come in there, okay, rigged it. This is a very high tech air handler. Now, one thing please remember, they said I cut trusses, okay. I took that unit apart and put it in about a 17 and a half inch opening in an attic pull -down staircase. There's the bigger opening all around. Why would I cut a truss when I folded it up in pieces, squeezed the Page 53 May 20, 2009 coil tight without breaking any welds, put it back together. It took me three days. I had to put him in a hotel for $50 a night because his wife was flying in because it took me so much longer. Now, see, somehow or another he got embarrassed or something about the heat. It was a recommendation -- well, he called me about a year and a half ago, they were supposed to replace it, okay, they had a burned wire in the air handler. I fixed it. So he said he trusts me. But something happened with that heat call. I mean, he got so mad his wife had to talk to me. I mean, they were -- I mean, I don't know why he got so -- but I was nothing but respectful to that man. I know I'm here to make sure that consumer is happy. That is my job. I've been here, sir, since 1986. I've done over 15,000 houses. Not one complaint. I'm an air conditioning contractor. When people do air conditioning work they put a little bitty duct in these houses, okay. CHAIRMAN JOSLIN: I have a question for you. MR. PHILLIPS: I've always done my job, sir. CHAIRMAN JOSLIN: Mr. Phillips, did you get a permit for this job? MR. PHILLIPS: Yes, sir. MR. JERULLE: What date did you get the permit? MR. PHILLIPS: It was 2009. Probably, I don't know, May, something like that before the job was done. I finished everything that was required of me, the installation. But I will not -- I mean, I can't be responsible for that job. CHAIRMAN JOSLIN: Okay, basically that's the synopsis that what happened to -- of why. MR. PHILLIPS: Yes, sir, pretty much so. CHAIRMAN JOSLIN: All right. Mr. Ganguh -- MR. PHILLIPS: May I say one -- CHAIRMAN JOSLIN: -- do you have any questions? Page 54 May 20, 2009 One question. I'm going to go back to the county. Do you have any questions to ask or any evidence that you want to present? MR. GANGULI: Not at this time, Mr. Joslin. CHAIRMAN JOSLIN: Do you have any questions of the county? MR. PHILLIPS: May I make a statement? Can I make a statement about what's been -- no? CHAIRMAN JOSLIN: Yes. MR. PHILLIPS: Oh, thank you. I want to say, sir, the way they present themselves now, he's a very good man. I respect this. But the way they do their self out in the field is so disrespectful, it ain't fumy. I'm a customer of his. Really, they spitting on me, they're threatening me so much. I told his boss, the guy -- what I did to make him so mad? I told his boss, I said, man, you need to get your boy's panties out of a wad. He's so tied up, man, it ain't funny. CHAIRMAN JOSLIN: Excuse me. MR. PHILLIPS: And it's serious, sir. CHAIRMAN JOSLIN: Keep it on a nice -- MR. PHILLIPS: I'm sorry, but I mean, sir, he is not this nice cool man right there. You know what it's like to be threatened and blackmailed? I'm a licensed contractor. I've been in this town doing business for years, sir. Really. I mean, really. I never done nothing wrong. I'm a -- MR. NEALE: If I may point out to the board, one of the things that is specific is the board is to exclude irrelevant and immaterial evidence, and I believe his personal comments about county staff are CHAIRMAN JOSLIN: Exactly. MR. NEALE: -- at least that. CHAIRMAN JOSLIN: I would question you again, keep your comments to yourself as far as derogatory remarks of anyone. Page 55 May 20, 2009 MR. PHILLIPS: So it don't matter if he was threatening me? CHAIRMAN JOSLIN: Excuse me? MR. PHILLIPS: I'm just saying, it don't matter if he was threatening me? I'm just curious. CHAIRMAN JOSLIN: I just asked you a question -- I just told you a question (sic), I'm not going to say it again. MR. NEALE: I'd just like to caution -- MR. PHILLIPS: I got in an accident, man. I got a little frontal lobe damage. That's the reason I shut my eyes. Please. MR. NEALE: I'd like to caution the board that everything he's saying is hearsay. CHAIRMAN JOSLIN: Exactly. MR. PHILLIPS: Oh, okay. CHAIRMAN JOSLIN: Any other questions from the board members? MR. LYKOS: We just need Rob to present the case. CHAIRMAN JOSLIN: Mr. Ganguli, would you like to continue now? MR. GANGULI: Yes. Gentlemen, I'd like to emphasize two things: One, that we are dealing with a state certified contractor. I'm going to present to you the facts of the matter. But this -- the bare bones is that it's working without a permit, okay? I'd also like you to turn to the table of contents. You have a multitude of evidence in your packets, and you can peruse through it while you listen to my presentation so that you have a clearer understanding of what I'm referring to. CHAIRMAN JOSLIN: One second, Mr. Phillips. (sic). Mr. Phillips, would you mind having a seat right there in the first seat right there just for a moment. MR. PHILLIPS: Thank you. CHAIRMAN JOSLIN: Thank you very much. Go ahead, Mr. Ganguli. Page 56 May 20, 2009 MR. GANGULI: All right. On April 2nd, 2009, the office of contractors licensing received a complaint from homeowner William Koenig regarding several issues that had developed after he hired the state certified air conditioning contractor Bob's Air Conditioning Refrigeration, Incorporated to perform a replacement of the air conditioner -- air handler and condenser. From the time of the initial installation the homeowner experienced problems with the unit resulting in multiple service calls made by the qualifier, Bob's Air Conditioning, Bobby J. Phillips, Jr. Despite his efforts to resolve these ongoing issues, the homeowner finally had to resort to hiring a second air conditioning contractor who succeeded at getting the new system functioning properly. In your evidence packet is a sworn affidavit made by the qualifier of the second air conditioning contractor outlining the relatively simple measures taken to repair the unit. Through this repair process it was subsequently discovered that the initial installation of the unit by Bob's Air Conditioning was never permitted and therefore never received the required county inspections that would have revealed the flaws that caused the unit to be dysfunctional. Upon learning of this unpermitted installation, the homeowner spoke to Mr. Phillips regarding this, resulting in his finally obtaining an after -the -fact permit only almost six months later, but never calling in the required inspections to get it C.O.'d. When this office contacted Mr. Phillips about getting his air conditioner installation inspected and C.O.'d, he claimed that because the second air conditioning contractor had since worked on the unit, he was no longer responsible for any issues and consequently canceled the permit for his installation. When the inaccuracies of his perceptions were factually explained to him, Mr. Phillips maintained his position on the matter Page 57 May 20, 2009 and was informed that this violation alone was worthy of a hearing in front of the Contractors Licensing Board. In addition to these issues it was also discovered that in order to accommodate the installation of the air handler above the garage area, several roof trusses were structurally modified in a manner that required the homeowner to hire an architectural engineer firm to establish their integrity. Photographs of the modifications, as well as the evaluation of the engineering firm, are also included in your evidence packets. These activities, in conjunction with the unwillingness of the contractor to rectify these matters, result in a violation of the 2004 Florida Building Code Section 105.1 regulating the obtaining of permits, as well as Collier County Ordinance 2006-46, Section 4.2.2, which addresses misconduct by state certified contractors for willfully violating the applicable building codes of the state, city or Collier County. CHAIRMAN JOSLIN: Mr. Phillips, do you have any questions that you'd like to ask Mr. Ganguli regarding the comments he's made? MR. PHILLIPS: Well, sir, may I stand up? CHAIRMAN JOSLIN: Come to the podium, please. MR. PHILLIPS: I wish to really take in the fact, sir, that as the work I've done, I know the law, okay, I really do. CHAIRMAN JOSLIN: We're talking about not what you've done or not what you're going to do or not what you have already finished, we're talking about questions that you may have of Mr. Ganguli in response to what he's -- his allegations against you. MR. PHILLIPS: This ain't like a closing statement? CHAIRMAN JOSLIN: No, sir. MR. PHILLIPS: Okay. CHAIRMAN JOSLIN: We're just trying to get to the evidence right now as far as what happened and why. MR. PHILLIPS: Okay. Now, the air handler -- let me please Page 58 May 20, 2009 state again, I installed it through an opening that was a good I would say 15, 20 inches smaller than where it was placed. Also, it was not the first air handler installation, okay? I don't know how -- I don't think this homeowner had been in there very long or else he wouldn't have complained about the heat. Now, I will say, all my jobs would be 15 kw on that job. I would always make sure. I would say over 98 to 99 -- yeah, about 99 percent of all contractors put a 10 kw in there. Now, I can't -- now, the homeowner didn't want to pay for another electrical service. Now, I did not have any problems with the cooling. If he wants to submit an electrical bill or something, you'll find that out. It was very efficient. Now, it's according to how this turns out about what this gentleman is going to do to me and my livelihood. Now, you know, it ain't -- he's got me up here, man. It ain't right. I didn't do that. If you guys want pictures of all -- I mean, like you guys brought up the hospital today. I did a lot of work for the hospital over the years. You'd be surprised what's happened to those rental buildings. I didn't do that. I do everything -- I mean, I'm always -- my whole life, since -- I've been doing this here since 1980, '82. I started out when I was 16. And I -- CHAIRMAN JOSLIN: Again, Mr. Phillips, I'm going to warn you again. We're still talking about hearsay. We're talking about things that you did 20 years ago or when you were a child. We're not interested in that. MR. PHILLIPS: Okay. CHAIRMAN JOSLIN: We're interested in the facts of the matter. MR. PHILLIPS: Okay. The homeowner has made statements, I mean, that are -- I mean, I just can't believe that he's saying that. I don't know if it's hearsay or not, you know, I don't know if you guys considered that, that he's bringing in from a homeowner the -- I mean, Page 59 May 20, 2009 if you -- I hope -- as far as what Rob's accusations are, that he don't have nothing to back it up. He don't -- yes, sir? CHAIRMAN JOSLIN: Go ahead. MR. LYKOS: Mr. Phillips. MR. PHILLIPS: Yes, sir. MR. LYKOS: You signed a contract with the owner on September 3rd of 2008; is that correct? MR. PHILLIPS: I would assume so, yes, sir. MR. LYKOS: And when was the work completed -- when was the work started? MR. PHILLIPS: Work was started right after that. He needed it real quick. MR. LYKOS: Okay, I understand. And based on the packet that we have, the permit was applied for and issued March 26th of 2009. MR. PHILLIPS: I would assume so, sir. MR. LYKOS: Based on that time line you applied for and received a permit about six months after the work was contracted and started; is that correct? MR. PHILLIPS: Yes, sir. Not completed, yes, sir. He traveled, sir. cut. MR. LYKOS: Mr. Ganguli? MR. GANGULI: Sir? MR. LYKOS: There's statements in here about the trusses being MR. GANGULI: Yes, sir. MR. LYKOS: There's pictures that look like trusses have been cut. Is there any way that we can verify for sure that it was Mr. Phillips that actually did the cutting of the trusses? MR. GANGULI: Mr. Lykos, the verification comes through the homeowner who bore witness to it happening. M May 20, 2009 MR. LYKOS: Okay. CHAIRMAN JOSLIN: It is possible then that someone else could have cut these trusses before he got to the job? That is a possibility? MR. GANGULI: Mr. Joslin, anything's possible. But likely, I'm reluctant to say. MR. LYKOS: We do have a statement from the homeowner saying that it was Mr. Phillips that cut the trusses. MR. GANGULI: In your evidence packet it's E-17, Mr. Lykos. MR. JACKSON: Mr. Chairman, I may be able to elaborate somewhat. CHAIRMAN JOSLIN: Okay. MR. JACKSON: For the record, Ian Jackson, Contractor Licensing. (Mr. Jackson was duly sworn.) MR. JACKSON: The county database shows this is the second air handler in the home, the first being during initial construction, which obviously passed inspection. No other air handler's been installed, according to the county database, since the initial construction. CHAIRMAN JOSLIN: So those trusses were cut by -- MR. JACKSON: This is number two. CHAIRMAN JOSLIN: -- someone after the initial installation. MR. JACKSON: Correct. MR. WHITE: Just a question on that, a follow up. When was that initial construction? MR. JACKSON: I don't have that date in front of me. MR. GUITE': So it is possible that somebody could have replaced it without getting a permit. MR. JACKSON: I can't say that it's not possible. The database shows no previous building permit. We have the initial construction and Mr. Phillips' permit. Page 61 May 20, 2009 MR. WHITE: But you don't know what the initial construction date was. MR. JACKSON: I don't have the building permit for the initial construction in front of me, no. MR. WHITE: It would be helpful for me to know if it had been, say, 15 years as opposed to five. MR. GUITE': Right. CHAIRMAN JOSLIN: Mr. Ganguli, do you have any further questions for the respondent? MR. GANGULI: Mr. Phillips, how long have you been a certified air conditioning contractor? MR. PHILLIPS: Maybe since '86. MR. GANGULI: Okay. And are you aware that air conditioning installations require permitting? MR. PHILLIPS: Oh, yes, sir. MR. GANGULI: No further questions. MR. PHILLIPS: Can I say something? CHAIRMAN JOSLIN: One question for you then. Why did you not get a permit for this job? MR. PHILLIPS: I did, sir, once -- I didn't -- I figured it this way, that when I called the -- CHAIRMAN JOSLIN: No, the question is why didn't you get a permit for the job before you started the job? MR. PHILLIPS: The homeowner was out of town a lot and he didn't want to pull the inspection. And there's a code about if you have a permit out too long. Now, this man was traveling. And even Rob -- I mean, even when I pulled it, I was working with Rob and the guy kept putting it off. Okay? I mean, you pull a permit -- CHAIRMAN JOSLIN: Who pulled the permit? MR. PHILLIPS: I did. And after you pulled it, you only got like six months, right, Rob? If you don't call it in -- Page 62 May 20, 2009 CHAIRMAN JOSLIN: You can extend the permit. There is an extension you can get. You can get permits extended months after months after months after you pull a permit. Because you haven't started the work yet. MR. PHILLIPS: Well, sir, I guess what my thinking is, when I showed up down there and talked to those guys, I messed up. And I don't like messing up. I want to make sure everything goes right. I know those head men down there, I don't want to be bringing anything to them. Anytime I bring something to them, I got to -- CHAIRMAN JOSLIN: Let me ask you this -- MR. LYKOS: Mr. Phillips. CHAIRMAN JOSLIN: Go ahead. MR. LYKOS: Previously you testified that you started the work shortly after signing the contract on September 3rd. MR. PHILLIPS: Absolutely. MR. LYKOS: So obviously there was no delay in you starting the work like you claim. MR. PHILLIPS: Oh, yes, sir, he needed to quit. His wife was coming back. MR. LYKOS: Well, you're testifying to two different things. MR. PHILLIPS: What's that, sir? MR. LYKOS: You're testifying that you started the work right away and you're also testifying that you couldn't get a permit because the job was going to be delayed. MR. PHILLIPS: Oh, no, sir, I didn't say I couldn't, I said I didn't. Excuse me. That's what I meant to say. MR. LYKOS: That might be my misunderstanding. You're saying two things. You're saying that you started the work shortly after signing a contract. MR. PHILLIPS: Yes, sir. MR. LYKOS: But you didn't get a permit because the work was delayed. Page 63 May 20, 2009 MR. PHILLIPS: Well, sir, I didn't get a permit I would say because I did not want to fail or have to go back and do something at the county that to me wasn't straight up. When I pulled the permit, it should have been inspected. From my understanding, when these things happen, okay, he -- when these things kind of happened, they put a fine on individuals and they don't have to come up here. I know peoples it happens to all the time. But anyway, gentlemen, please keep in mind that I put that air handler in to a smaller space. And these homes over there in this particular area were installed by a contractor that did a great deal of mass building. These jobs over there drain out of what's called an emergency drain line. The homeowners have always believed that the emergency drain line is the primary line. It's because of the installation these men have done. Now, these air handlers don't last long because they rot out. The air handler I put in has the variable speed motor. It's a computer -- you know, it's really nice, and a very good operational thermostat for that. Now, this particular motor will not slip when it's moving air. I set it up so that when it's rotating, it does not pick up water so that it slings it around the air handler. So that when -- if I couldn't have set that thing up properly, I wouldn't have did it. But with that particular unit, it's a two -stage condensing unit, and with me being able to adjust that fan I could make it work properly. CHAIRMAN JOSLIN: Mr. Phillips. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: I understand you're telling me the mechanical ways of how you're doing the job, but this is really irrelevant to the case. It's irrelevant to what we want to hear. We're asking you a few basic questions. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: First of all, number one, did you get a May 20, 2009 permit for this job? MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: When did you get the permit? MR. PHILLIPS: Sometime I would think in May, maybe April. CHAIRMAN JOSLIN: How long before that did you install this air conditioner? Did you get the permit before you installed the air conditioner? MR. PHILLIPS: No, sir. CHAIRMAN JOSLIN: Why? Answer. MR. PHILLIPS: The gentleman wanted it quick. CHAIRMAN JOSLIN: How long have you been in business? MR. PHILLIPS: Oh, sir, I've been in business since '82, and my father licensed me back in those days, if I may say, and it was legal. CHAIRMAN JOSLIN: We're not talking about your father, I'm talking about you. MR. PHILLIPS: No, I just wanted you to know it was legal. Sir, the reason I didn't pull a permit? CHAIRMAN JOSLIN: Yes. MR. PHILLIPS: I was in a hurry. MR. GANGULI: Mr. Joslin? CHAIRMAN JOSLIN: In a hurry. MR. GANGULI: I'm sorry. I stated that I had no further questions. May I ask one more? CHAIRMAN JOSLIN: You sure may. MR. GANGULI: Mr. Phillips, what's the status of the permit? MR. PHILLIPS: Oh, I pulled that thing away. I can't pull that permit. I mean, that thing burns down, I mean, I'm not going to take that thing. And that's not -- I mean, all those lives? God's going to take care of that, man. MR. GANGULI: So your installation of the air conditioning unit doesn't have an active permit that was ever inspected; is that correct? MR. PHILLIPS: Oh, no, sir. What I did is I went to the county Page 65 May 20, 2009 and I told them that another contractor was on the job and I wanted to pull mine off. Homeowner has the right to do that. MR. LYKOS: Did you ever get any inspections done on the permit that you did pull for that installation? MR. PHILLIPS: No, sir, I was delayed by -- MR. LYKOS: Okay, thank you, that's all. That's enough. MR. GUITE': Mr. Neale, what are the penalties for what has -- what the charges have been brought up against him? MR. NEALE: Well -- CHAIRMAN JOSLIN: Let's hear the evidence and find out first of all -- MR. GUITE': I'm going somewhere. CHAIRMAN JOSLIN: -- we need to prove if he's proving him guilty or not guilty, first of all. MR. GUITE': I'm going somewhere -- MR. NEALE: This is something Mr. Guite' can ask, I mean, as to what the specific penalties are. The penalties that this board can impose on this respondent in this matter, because he is a state contractor, is that this board can deny the issuance of permits or require issuance of permits with conditions for his license. And then this would be reported to the State Construction Industry Licensing Board within 15 days as well. MR. GUITE': Any fines at all? MR. NEALE: And the board cannot recommend any fines or any other penalties other than just deny the issuance of permits in Collier County. MR. WHITE: So for someone who thinks he understands, what I heard you say was that the only authority we have is with respect to his permit pulling privileges. CHAIRMAN JOSLIN: Correct. MR. NEALE: That is the only authority that the board has on a state contractor. Page 66 May 20, 2009 MR. WHITE: Understood. MR. NEALE: Then the board would refer this matter to the State Construction Industry Licensing Board for further action. MR. GUITE': You realize what he's saying? MR. PHILLIPS: Yes. I'd like to state this: Because of actual -- I get nervous when I get in front of something where I can get in trouble. MR. GUITE': Well, that's where I'm kind of going. Do you think you might want to have somebody represent you? MR. PHILLIPS: Oh, no, sir. I mean, I didn't do -- MR. GUITE' : Okay, that's all I care about. MR. PHILLIPS: Well, sir, you said a statement that do I comprehend stuff. And it seems like you guys -- I mean -- MR. GUITE': No, I just asked if you understood what Mr. Neale said, that we could restrict your permit pulling privileges, which would basically put you out of business in Collier County. MR. PHILLIPS: Absolutely. That's where I always do business. 4 MR. LYKOS: Mr. Ganguli? MR. GANGULI: Sir? MR. LYKOS: Was Mr. Phillips provided with a copy of the packet that we were given? MR. GANGULI: I hand delivered it to his home of record at 23 Hastings Place, yes, sir. MR. LYKOS: Mr. Phillips, do you have a copy of that packet with you today? MR. PHILLIPS: No, sir. That's my ex-wife. I'm getting in my place down at Marco. She won't -- I mean, I won't go around there, I guarantee you that. She took it. I can't get that. MR. GUITE': So you weren't notified of this hearing? MR. PHILLIPS: Oh, I was told on the telephone it was going to be next month on the 20th, and I got a piece of paper from Rob this Page 67 May 20, 2009 morning, I went down to the county. Said it was 9:00. MR. GANGULI: Mr. Guite', there were two certified letters sent to two different addresses of record. Again, I made drop service to the address of record. And coincidentally Mr. Phillips was in our office this morning, I greeted him and he was very pleasant and seemingly unaware that he had a hearing today which I informed him of, and handed him another copy of the notice of hearing. CHAIRMAN JOSLIN: Therefore, I think that he was properly served and knew about the case today -- MR. GANGULI: That's for you to decide if I've done enough. I feel that I may have -- MR. HORN: I have a question for county staff. Do we have a record of how many permits Mr. Phillips has pulled in this county in the past year perhaps? MR. JACKSON: In the database we do have a record of that. MR. HORN: Any ballpark figures on that? MR. JACKSON: I could look into it. MR. HORN: Just out of pure curiosity. MR. JACKSON: Sure. CHAIRMAN JOSLIN: All right, I'm going to go to closing statements. I think we've heard pretty much -- MR. BOYD: I have a question first. CHAIRMAN JOSLIN: -- everything that's gone on. MR. BOYD: What inspections are required on an air handler replacement? MR. GANGULI: Mr. Boyd, we're fortunate to have the chief mechanical inspector for Collier County here. May I call him as a witness to answer your question so I don't provide any inaccuracies? MR. LYKOS: Please do. CHAIRMAN JOSLIN: You sure can. MR. GANGULI: Mr. Turner, would you -- (Mr. Turner was duly sworn.) May 20, 2009 MR. TURNER: Jim Turner. I'm the chief plumbing mechanical inspector for Collier County. CHAIRMAN JOSLIN: Mr. Ganguli, do you have questions you'd like to ask of this witness? MR. GANGULI: I do. I'll let Mr. Boyd ask his. CHAIRMAN JOSLIN: Okay. MR. BOYD: Good morning, Jim. What inspections are required on an air handler and condenser replacement? MR. TURNER: On a change -out we just do a final inspection -- MR. BOYD: Okay, thank you. MR. TURNER: -- for a change -out. MR. WHITE: Could I inquire as to whether a separate building permit is required to alter trusses? Or is that something that typically would be within the scope of the building permit to install the air handler? MR. TURNER: No, that would require a separate permit. The trusses are a structural item and that would have to come under the structural inspections, not under the mechanical. MR. WHITE: Thank you. CHAIRMAN JOSLIN: Would that also require a different contractor or a general contractor to do this work, or could an AC contractor pull this permit? MR. TURNER: Most trusses come with a repair form with them. As long as they're repaired the way the truss manufacturer says it has to be repaired, it can be done that way. And we would just inspect to see that it was done the correct way. CHAIRMAN JOSLIN: At the address that's listed on this applicant's complaint form, was this air conditioner ever finalized? Did it ever have a final inspection. MR. TURNER: Not that I'm aware of, no, sir. MR. JERULLE: On a replacement, is a notice of commencement required? Page 69 May 20, 2009 MR. TURNER: Over $7,500 requires a notice of commencement for AC change -outs. MR. BOYD: What specifically do they do on the final inspection? Do they get up in the attic and actually inspect? MR. TURNER: Yes, sir, we check the connection, check the breakers and the wiring, make sure that they got what they paid for. MR. WHITE: With respect to the repairs that were done by the second contractor, was a permit necessary for that work? MR. TURNER: I do not know what he did, so I don't know. If it's just repair work, no. MR. GANGULI: Gentlemen, I'm showing Mr. Turner Exhibits E-22 and E-23, which are the invoices of the second air conditioning contractor and the monetary amount that he charged in order to rectify the issues. MR. WHITE: It was very hard for me to read those copies. They were very faint. CHAIRMAN JOSLIN: Yes, me, too. MR. WHITE: Perhaps if you've got a copy there, Mr. Turner, that under the details of work to be performed and you can read yours on E-22 and E-23, that would really help me. MR. TURNER: I'm not sure what it says either. MR. WHITE: Does anybody have a legible -- MR. BOYD: It looks like it's, found only one stage of the heat was wired to turn on. Add a jumper from WT, whatever, to W2 to allow all stages of heat to run. MR. GANGULI: Mr. Boyd, E-24 is a sworn affidavit from the second air conditioning contractor. It's relatively clear in comparison to the numbers on the invoice, if that happens. CHAIRMAN JOSLIN: One quick question. Also the charge to do that jumper wire that it was put into was 6995; is that correct? MR. GANGULI: That's what I could gather from the invoice, yes, sir, Mr. Joslin. Page 70 May 20, 2009 MR. WHITE: I see there's a statement in there by that contractor on E-24 that the simplicity of the corrections did not require any permitting. Would you agree with that statement, Mr. Turner? MR. TURNER: Yes. Just a repair, yes, it would not require a permit. MR. HORN: Sir, when an air handler's being inspected by a county representative, if they notice the truss is cut, they would put that into their findings or report at that time? MR. TURNER: Yes, they would. CHAIRMAN JOSLIN: Also, it says in the actual complaint services -- or the compliance service from Joseph Trapanese, qualifier of Anytime Air Conditioning and Heating. He says states at the bottom, in the process of this service call I noticed modifications made to the roof trusses. And he informed the homeowner who said he was already aware of this. So the homeowner must have gone up in the attic and looked at the trusses that were cut? MR. GANGULI: Mr. Joslin, the homeowner told me that some of the work Mr. Phillips did ran well into the night and involved noise that would coincide with what you observed in the photographs. CHAIRMAN JOSLIN: Okay. Any other questions from Mr. Turner, board members? (No response.) MR. PHILLIPS: May I please -- CHAIRMAN JOSLIN: Would you like to ask some questions of Mr. Turner? MR. PHILLIPS: I'm sorry, Mr. Turner -- CHAIRMAN JOSLIN: Come right up to the podium. Come to this side for just a moment, please. Short and sweet. Questions only, please. MR. PHILLIPS: Mr. Turner, I'm sorry -- Page 71 May 20, 2009 CHAIRMAN JOSLIN: Excuse me, a little closer to the microphone. MR. PHILLIPS: Oh, sorry. Sir, on a 15 kw system do you not require another circuit of at least a 30-amp, sir, used to be average? Two circuits on a 15 kw heat MR. TURNER: On a 15 kw? MR. PHILLIPS: Yes, sir. The 80 amp don't work anymore for years, sir. MR. TURNER: No. MR. PHILLIPS: Okay. So the first circuit is for 10 kw. That is one relay, sir. The next relay will be for the other 5 kw heat, if I installed a 15 kw, which I did not. There's one relay that turns on all the heat. I showed even the homeowner the -- I mean, I showed him amperage drawn on that heat. I showed him outside when he turned it on, he could see that meter turn. I did the best I could. Now, that 10 kw has one relay action that turns on every bit of that heat. So how could they go and jump it out if he had heat at all? I mean, these guys are lying. I'd like to know if they have a license, Rob, down here in Collier County. They're from Cape Coral. Did you check that out? MR. GANGULI: I did. CHAIRMAN JOSLIN: Okay, easy. MR. PHILLIPS: I'm just asking. CHAIRMAN JOSLIN: All right, you can have a seat over here. MR. PHILLIPS: Thank you. CHAIRMAN JOSLIN: Mr. Turner, I think we're done with you. MR. JACKSON: Mr. Chairman, if I may answer Mr. Horn's question regarding Mr. Phillips' building permits. CHAIRMAN JOSLIN: Yes, go ahead. MR. JACKSON: The county database is showing one building Page 72 May 20, 2009 permit in 2009, zero building permits in 2008, five building permits in 2007. And the database also shows that Mr. Phillips was able to obtain building permits in 1992. The database only goes so far back, however. But that will give you the last three years. MR. HORN: Thank you, sir. Mr. Phillips, if you'll pardon me, I have one question for you. MR. PHILLIPS: Yes, sir. MR. HORN: I apologize -- MR. PHILLIPS: Oh, no, man, thank you. MR. HORN: -- if I misheard you, but I think you said you've done close to guestimating 15,000 homes in this county or so? MR. PHILLIPS: I would think so. Does the gentleman have the information that would be -- now, I would like to say in 2006 on Thanksgiving Day, I took out about five feet of Marco Bridge, all the concrete. And one piece of rebar held me back and a truck run me over. And he was petering (sic) off the bridge. They pronounced me dead. I could hear 'em. So I broke my back in two places, I crushed my hips. I hit that thing so hard because I was in a Shelby Piper. I wasn't going fast. There's a lot of power, 730 horsepower. MR. HORN: If you'll pardon me, Mr. Phillips -- MR. PHILLIPS: I mean, I was out of work, sir. CHAIRMAN JOSLIN: One time. Hold on -- MR. HORN: I understand. CHAIRMAN JOSLIN: -- hold one. One at a time, here. MR. HORN: My question is, if you've done let's say thousands and thousands of air conditionings, how come we only have a couple dozen permits on record for you in this county? I'm a little confused. MR. PHILLIPS: He -- for some reason his records only -- I mean, he said since 1992 I had the possibility, but he didn't say what the permits were pulled after that for per year. Page 73 May 20, 2009 MR. HORN: I understand, but he has one permit last year, a couple the year before. I'm a little confused here. MR. PHILLIPS: Sir, I broke my -- I couldn't move. I didn't have the ability to do jobs. COMMISSIONER HORNIAK: So you haven't really been working that much in the past -- MR. PHILLIPS: Oh, no, sir -- MR. HORN: -- couple years? MR. PHILLIPS: -- I'm just getting fired back up. I still got to have surgery, sir, okay? I mean, may I say that when they went through my shoulder, I got cadaver bone, I got synthetic bone, I got synthetic bone mass, I got steel and I got screws because I would not take an operation, because I was going to take care of my son. I stayed in traction for my back to heal. I re -broke it in six months working. CHAIRMAN JOSLIN: Okay, that will do that. MR. PHILLIPS: Okay, thank you. CHAIRMAN JOSLIN: Thank you for your medical history, appreciate that. MR. PHILLIPS: I'm serious, sir, that's the reason I didn't work. CHAIRMAN JOSLIN: Okay. MR. LYKOS: Mr. Ganguli, did you get the opportunity to go up into the attic -- MR. GANGULI: I did, sir -- MR. LYKOS: -- and inspect the area. MR. GANGULI: -- I was present when the photographs were taken. MR. LYKOS: It looks like from the photographs that some of the wood that's fastened to these trusses looks new compared to the material that the trusses are made out? MR. GANGULI: I would agree. MR. LYKOS: Is that your opinion, that some of the scabbed on Page 74 May 20, 2009 material was new relative to the existing material that the trusses were made out of? MR. GANGULI: I'm flattered that you have so much faith in my observations, but that's what I would say, yes, sir. MR. LYKOS: Thank you. CHAIRMAN JOSLIN: It appears also that -- I'm looking at the pictures and I'm seeing like -- I'm looking at possibly half -inch or three quarter inch plywood that are holding some of these trusses together that have been nailed severely. That's part of the repairs that were made or adjustments that were made to the trusses? MR. GANGULI: Again, when I was in the attic I was with another Collier County building official, Mr. Fleming, and I can't on the record tell you some of the things he said while he was taking the photographs in amazement of what he was seeing, sir. MR. PHILLIPS: May I? MR. GUITE': Mr. Phillips, did you observe these trusses being patched back together? MR. PHILLIPS: Yes, sir, absolutely. MR. GUITE': And you didn't say anything? MR. PHILLIPS: No, sir, I assumed it was because whoever put the second air handler in knew about the problems in the development. MR. GUITE': You didn't show the homeowner? MR. PHILLIPS: Oh, he -- I mean, sir, I don't know if I showed him or not. We looked at the -- I was on the ladder, okay. And what was wrong with the system, actually, sir, was not the air handler but the compressor. So we -- I don't know if we sat and -- MR. GUITE': I understand that. MR. PHILLIPS: -- talked about the air handler. And may I say also that wood that is put onto a truss repair, I would say for most of the time, excuse me, is like white pine. The trusses are made out of like a hard pine, I don't know why that would be, so it would be a different color, okay? Page 75 May 20, 2009 Now, if it's new wood, Rob would be able to tell, but it would be new wood, okay? Also, the reason, I had to put decking in to make it legal. And also, may I say that one of the trusses were cut. The home -- I mean, I forgot this. The homeowner had a little piece of wood on there so that he could get up in the attic; otherwise he couldn't store stuff. So yes, sir, he knew the trusses were cut. I have to say that's -- so, yes, sir, he knew or else he couldn't get in the attic. And the second -- see, he didn't say nothing until the second AC contractor got there, and he couldn't find nothing, so they come up with the truss thing. My system was right. I will say one thing, that I told the homeowner this: If he didn't want to run a new thermostat wire -- because it cost more money to put a wire down a wall, you know, 150 bucks or so -- that what we could do is take the fan that would circulate air through the whole house and nothing else worked out of the circuit. Therefore we'd have enough wires to make the heating and cooling work properly. CHAIRMAN JOSLIN: Mr. Phillips, you're going off on a tangent again. Again, we're talking about the charges that are against you, we're -- MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: -- not talking about the installation -- MR. PHILLIPS: I'm sorry, sir. CHAIRMAN JOSLIN: -- or the methods. I mean, I hate to keep interrupting you but, you know, this is getting to be hearsay and old. MR. PHILLIPS: I'm sorry. What is hearsay, may I ask? CHAIRMAN JOSLIN: Let's try to stick to the case itself and the charges. MR. PHILLIPS: Yes, sir, absolutely. Please keep in mind, gentlemen -- CHAIRMAN JOSLIN: I'm going to go ahead and close the public hearing -- I mean closing statements, I'm sorry. Page 76 May 20, 2009 MR. WHITE: Just one specific question. CHAIRMAN JOSLIN: Go ahead. MR. WHITE: Have you seen this packet? MR. PHILLIPS: No, sir, I haven't got it. MR. WHITE: I would ask if you could -- someone show him E-16. MR. PHILLIPS: Absolutely, thank you. MR. GANGULI : Only E-16, Mr. White? MR. WHITE: Yeah, that's fine. You see the piece of white lumber? MR. PHILLIPS: Absolutely, sir. MR. WHITE: Do you recall installing that, or not? MR. PHILLIPS: I don't -- no, sir, I wouldn't -- MR. WHITE: It goes horizontal. MR. PHILLIPS: -- did that. No, sir, I don't even know what -- that white pine is there. I mean, if you see the other board, it's old. Okay, I mean, I don't know why it's cut, sir. MR. WHITE: My question is do you remember putting that piece of wood there or not. MR. PHILLIPS: No, sir, this particular truss was the way the gentleman got in and out of the attic. I know I -- the air handler sits right down here, sir, in the bottom of this. This is the truss. The air handler had the little wooden latch to get up in the attic. He could not have accessed -- oh, excuse me. He could not have accessed the unit without this thing being cut. So when the second AC company comes in, they see that. I mean, he had a latch on it. MR. WHITE: Okay. MR. PHILLIPS: Yes, sir. MR. WHITE: That's what I was thought you were referring to and why I asked. Thank you. Page 77 May 20, 2009 MR. PHILLIPS: Yes, sir. You can see that white pine. I mean, it's got a screw in it or something. It's probably so he could move it and get it -- see, it's only got one attachment. See it could be moved? Please. MR. WHITE: Yeah, I see that. It looks like a bolt at the bottom or a screw. MR. PHILLIPS: The bottom? That's a knot, sir, from a tree limb. MR. WHITE: Oh, okay. MR. PHILLIPS: Excuse me. It's not attached; it's made to move. MR. WHITE: And it rotates from the top? MR. PHILLIPS: Yes, sir. That way he can remove the truss and he can get up in the attic. MR. WHITE: I got you. MR. PHILLIPS: Okay, thank you, sir. CHAIRMAN JOSLIN: So in essence you did cut that truss in order to get that air handler up in that attic. MR. PHILLIPS: Oh, no, sir, that's the homeowner's way in the attic. I cut that thing in little pieces. And this is a bigger area than -- everything in the attic is bigger than the hole I put it up in. And I didn't remove nothing out of that hole. I put it in a 17 and a half inch area. This area is bigger underneath there with the air -- the air handler is approx -- I think it's 26 by 21 installed. So see, this area down there is bigger all the way around. I can get it in there. This opening here, sir, okay, this board is going up. It's going up to the ceiling. This one's coming down. When this comes down, it's big enough to put that unit in probably three, four inches on one side. I make sure it's paping (phonetic). And on this side I don't know, I don't know how much, but I had some room. So I put it up through here. And I'd bring it down and install it in the air handler. There was -- this goes up into the roof, sir. This is a larger area. I could climb through that easily. CHAIRMAN JOSLIN: So how did that board get there? 0 _ _ May 20, 2009 MR. PHILLIPS: The home -- I don't know, but that's the homeowner's way in the attic. CHAIRMAN JOSLIN: And you didn't do that? MR. PHILLIPS: See, I can't say the homeowner cut it. I don't know who cut that thing. But I know it's the way the homeowner -- see, there's no -- he uses that to get in that attic. I don't know who cut it. I mean, this truss is cut all over town, sir. I mean, I didn't know I was supposed to be telling actually about all these things cut and these fire walls and stuff, you know. I don't report this stuff. CHAIRMAN JOSLIN: How long have you been an AC contractor? MR. PHILLIPS: The license -- I guess Rob said 1982. And -- CHAIRMAN JOSLIN: And 1,500 ac unit conditioners -- MR. PHILLIPS: Oh, sir -- CHAIRMAN JOSLIN: -- and if you went up there and saw a whole bunch of trusses cut you wouldn't tell anybody about that? MR. PHILLIPS: Oh, it'd be common practice. Everybody knows about it when they go up in the attic. The electrician knows about it. I mean, this is -- I'm not saying -- well, you don't see a lot of newer stuff now, sir, but you see -- I mean, in all these buildings around town you see it. CHAIRMAN JOSLIN: Okay, I think I've heard enough. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: Thank you so much. MR. PHILLIPS: Thank you so very much. CHAIRMAN JOSLIN: Mr. Ganguli, do you have any closing statements to make? MR. GANGULI: I do, sir. CHAIRMAN JOSLIN: Would you like to elaborate on them, please. MR. GANGULI: Again, gentlemen, we've heard a lot this Page 79 May 20, 2009 morning. And I want to reemphasize that we are dealing with a state certified contractor, which imposes some limitations on us. And the subject matter we're dealing with is working without a permit, once again. MR. PHILLIPS: May I -- I'm sorry, may I add one thing? CHAIRMAN JOSLIN: No. Continue. MR. GANGULI: One of the missions of the contractors licensing office is to provide a viable recourse to homeowners when there is reason to believe that a job performed by a contractor was not done correctly. In this case it appears that numerous facets of this air conditioning installation were not done in accordance with the standards set by the Collier County Building Department. The most fundamental of these responsibilities is of course acquiring a building permit when necessary to provide validation of the work performed to the required inspections. In this case the respondent was not only inadequately licensed to do frame carpentry but also failed to obtain engineering and permitting for the modifications to the roof trusses. The failure of Mr. Phillips to obtain a building permit prior to commencing work within his own licensed profession provides reasons for concern. The simple explanation attested to by the second air conditioning contractor of why the unit failed to operate correctly in the first place also raises questions about the capability of Mr. Phillips' installation to successfully pass inspection. The culmination of all these issues has resulted in the homeowner, Mr. Koenig, having to endure unnecessary financial expenditures and inconvenience that could have been easily avoided. Since Bob's Air Conditioning and Refrigeration, Incorporated is a state certified contractor, the Collier County Licensing Board has limited jurisdiction -- I'm sorry, limited jurisdictional authority in this May 20, 2009 matter. CHAIRMAN JOSLIN: Now, Mr. Phillips, I'm going to ask you for a closing statement. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: I don't want to hear no more about how you did it, what you did. Closing statement on the charges that are against you. MR. PHILLIPS: Okay. It's been brought up about my past history and the amount of work I did. I just paid off a $1.42 million house that I bought in Miramar Lakes that actually is worth about 3.5 now. I've only been employed by myself and I've only done air conditioning work. You have heard IRS problems in this room. I've been audited and they went deep, sir. They were after me and ended up giving me back 30 -- no, $24,000. I overpaid -- I make sure I always do my job, thank you. CHAIRMAN JOSLIN: All right, if you want to have a seat, please. MR. PHILLIPS: Yes, sir, thank you, sir. CHAIRMAN JOSLIN: I'm going to go ahead and ask for any kind of other questions from the board before we close the public hearing. (No response.) CHAIRMAN JOSLIN: No other questions, I need a motion to close the public hearing. MR. LYKOS: So moved, Lykos. CHAIRMAN JOSLIN: We have a motion. MR. JERULLE: Second. CHAIRMAN JOSLIN: Second, Mr. Jerulle. Motion and a second to close the public hearing on Case No. 2009-06. All in favor, signify by saying aye. MR. BOYD: Aye. Page 81 May 20, 2009 MR. GUITE': Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Now, just to let you know, Mr. Phillips, just so you know, we're going to go into deliberations here where we're going to discuss what was heard and the case. And then we're going to discuss that between the board members up here. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: All comments now are closed. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: Thank you. MR. PHILLIPS: Yes, sir. CHAIRMAN JOSLIN: You'll hear what we say. MR. PHILLIPS: Oh, thank you, sir. Okay, thank you. CHAIRMAN JOSLIN: Mr. Ganguli, you can have a seat, if you'd like to, unless you have anything else. MR. GANGULI: Mr. Joslin, I have a recommendation, if you'd care to hear it. CHAIRMAN JOSLIN: I'd like to hear that, sure. MR. NEALE: Well, it's not appropriate to make any recommendation at this point -- CHAIRMAN JOSLIN: I'm sorry. MR. NEALE: -- in that first you have to find -- CHAIRMAN JOSLIN: After deliberation. MR. NEALE: -- him in violation and then -- so let me proceed. CHAIRMAN JOSLIN: You can have a seat for just a minute. We'll call you back. MR. NEALE: -- I'll charge the board and then, you know, should Page 82 May 20, 2009 you find him in violation. As Mr. Joslin noted in the introductory remarks, I'll give a brief charge to the board at this point and then the board will make its deliberation. That the board shall ascertain in its deliberations that fundamental fairness and due process have been afforded to the respondent. However, pursuant to Section 22-202(G)(5) of the Collier County Ordinance, the formal Rules of Evidence as set out in Florida statutes do not apply. The board shall consider solely evidence presented at the hearing in the consideration of this matter and shall exclude from its deliberations irrelevant, immaterial and cumulative testimony. It shall admit and consider all other types of evidence commonly relied upon by a reasonably prudent person in the conduct of their affairs, whether or not that evidence would be admissible in the court of law or equity. Hearsay in a case such as this may be used to explain or supplement any other evidence, but by itself is not sufficient to support a finding in this or any other case, unless it would be admissible over objection in civil court. The standard established for sanctions in a case such as this, since it does not affect the license of the contractor directly, is that a preponderance of the evidence must be found to convict. The standards in evidence are to be weighed solely as to the charges set out in the complaint, which is Section 4.2.2 of the ordinance, and the charge specifically here is willfully violating the applicable building codes or laws of the state, city or Collier County. In order to support a finding that the respondent is in violation of the ordinance, the board must find facts that show the violations were actually committed by him. The facts must show to the preponderance of evidence standard the legal conclusion that he was in violation of the relevant section of the ordinance. May 20, 2009 As these charges are the only ones to which the respondent has had the opportunity to prepare a defense, these are the only ones that the board may decide upon. Any damages that may be found, should the respondent be found in violation, must also be directly related to the charge and may not be for matters unrelated. The decision made by this board today shall be stated orally at this hearing and is effective upon being read. The respondent, if found in violation, has certain appeal rights to this board, the courts and the State Construction Industry Licensing Board as set out in Collier County Ordinance and in Florida Statutes and Rules. If the board is unable to issue a decision immediately following the hearing because of questions of law or other matters of such a nature that a decision may not be made at this hearing, the board may withhold its decision until a subsequent meeting. The board shall vote upon the evidence presented on all areas, and if it finds the respondent in violation, adopt the administrative complaint. The board shall also make findings of fact and conclusions of law in support of the charges set out in the administrative complaint. The board now should go into deliberation on whether he is in violation. CHAIRMAN JOSLIN: I think it's -- pretty much as far as I can see, he's pretty much guilty as far as the permit goes. It's something that's definitely within the count of the 4.2.2. And I think it's a little bit open as far as whether the trusses were cut by him or not. We have no definite proof that he did it. We've got a lot of hearsay that says so. We can act on hearsay, correct? MR. NEALE: You can act on hearsay, but again, the only charge that he is really brought forth on is whether he willfully violated the Collier County codes. And failure to pull a permit -- May 20, 2009 CHAIRMAN JOSLIN: Is a willful violation. MR. NEALE: -- is a violation, if you found it to be willful. MR. JERULLE: We have an affidavit from the owner saying that he cut the trusses. CHAIRMAN JOSLIN: Yeah. The trusses I think don't really get involved in it right now. Basically the permit is the issue and the fact he didn't get inspections and he didn't get a final inspection. Which he's pretty much admitted that. And pretty much it's obvious he didn't get a permit. MR. WHITE: I think those facts are fairly clear. And although I have some understanding of his rationale for canceling the permit, based upon the work done by the second contractor, and it seems to be his professional belief that by putting a jumper across it may have created a circumstance that would in his opinion not comply. But without an inspection of that, we're kind of left to wonder. But the fact of the matter remains, in my view of things, that it's his own admission, including the cancellation of the permit, that makes clear that there's a willful violation, that it's his intention to not obtain and comply with the permitting requirements. I don't believe that there's a preponderance of evidence that demonstrates he's the one who cut the trusses. It was either hearsay or it was testimony on both sides, sworn testimony on both sides, that one side said he did and he says he did not. Certainly, you know, looking at the photos seems to help. I don't know what the spacing of the trusses may be, but it certainly seems compelling to me that if it took three days and he disassembled the air handler, that it wouldn't make much sense to cut the trusses. But I think the clear thing for us for a finding of fact is in regards to the willful violation of the permitting requirements. CHAIRMAN JOSLIN: After he's put in 1,500 so-called air conditioners throughout the year, I'm sure that there would be more permits out there in the field. Page 85 May 20, 2009 MR. WHITE: I kind of ignored that. He's not here and no one's alleged that he did other work without a permit except this one, so I'm kind of not going to give that much weight. But for this one I'm pretty certain he's willfully violated the permitting standards. Even though I understand why, I don't agree with him. The only way he could have kind of kept himself from being here today would have been to gone and get the inspections and deal with whatever needed to be done to correct it. MR. GUITE': Well, he should have pulled the permit before he even started the job. MR. WHITE: Oh, I absolutely agree with that. Absolutely agree with that. MR. LYKOS: Well, I'll tell you that the three guys at this end of the bench, that truss cutting's a pretty serious situation. MR. WHITE: Well, absolutely, no doubt about it. MR. LYKOS: And even if he didn't do it, I've had some projects where I've seen some things. Not only do I bring it to the homeowner's attention, but I will not continue until there's a solution for that. MR. GUITE': Exactly. MR. LYKOS: If I go up in somebody's attic and there have been trusses involved, been cut up and there have been repairs that I question, I will bring in an engineer and I will determine if the repairs are correct and I will provide an estimate to the client for the proper repairs. So in my mind that's even worse than the air conditioning issue. Because that roof structure was -- MR. JERULLE: Compromised. MR. LYKOS: -- compromised several times. MR. WHITE: Is there an affirmative responsibility of a contractor to report some prior violation or belief that there was a structural alteration that may not meet code? I don't know. And I don't remember anybody saying today that that's why he was here, because O! May 20, 2009 he failed to report it. What they I believe alleged was that he did it. I mean, that's a different thing that's not part of this case. But I understand your concern, and I agree with you, I think it's a dangerous circumstance, especially in regards to not only load ratings but also hurricanes, so -- MR. GUITE' : Now, if we do find him guilty and turn this over to the state, does this packet become part of what goes to the state? MR. NEALE: It's part of the record that goes forward. MR. GUITE': Pictures and all? MR. NEALE: Pictures and all. Because it's part of the record in this case, so it all goes forward. MR. GUITE': We really can't do anything about it. MR. LYKOS: We can't fine him. CHAIRMAN JOSLIN: Be aware that the only thing that we can actually do, being a state certified contractor, is stop his permit privileges here in Collier County. The rest will come from the state board. If the board deems to allow that information to go there, or sends it there. MR. LYKOS: Well, it doesn't seem like -- CHAIRMAN JOSLIN: I didn't say we weren't going to. MR. LYKOS: It doesn't seem like if we pulled Mr. Phillips' permit pulling privileges -- MR. GUITE' : That wouldn't matter. MR. LYKOS: -- that it would affect his business very much. CHAIRMAN JOSLIN: No. MR. GUITE' : No, I think you're right on that. CHAIRMAN JOSLIN: There's probably 1,499 without permits. So I'm looking for an entertainment for a motion to find Mr. Bobby J. Phillips -- MR. WHITE: I think we have -- MR. LYKOS: Mr. Chairman, excuse me for a second. I know I'm not ready to go there yet. Or maybe I -- under the count, which Page 87 May 20, 2009 says he willfully violated the applicable building codes or laws of the state, city or county, I don't know that we can't interpret that that includes the situation with the roof structure. Because if -- CHAIRMAN JOSLIN: I don't see how you're going to be able to do that, Mr. Lykos, because -- MR. LYKOS: I know, I'm trying -- CHAIRMAN JOSLIN: -- you have no definite proof. Now if -- MR. LYKOS: -- to figure out a way -- CHAIRMAN JOSLIN: -- you come up with a way -- MR. LYKOS: I'm trying to figure out how we can -- because we're limited in the disciplinary action that we can take, here's kind of where I'm coming down on this. If we are forced to exclude the roof truss situation to whatever level of culpability he has, if we're forced to exclude that, then I want the disciplinary action to be as harsh as possible on what we hold him accountable for, okay? CHAIRMAN JOSLIN: Right. MR. LYKOS: If we can find some way to hold him responsible for some part of what happened to the roof trusses, then I want to thoroughly investigate that before we make a decision on what we find him guilty for and then subsequently what the disciplinary action is. CHAIRMAN JOSLIN: Okay, then I'll go to Mr. Neale. MR. NEALE: If I may, the -- CHAIRMAN JOSLIN: Mr. Neale? MR. LYKOS: So we need to defer to you on that. MR. NEALE: The real issue is there is only one disciplinary action available, period. CHAIRMAN JOSLIN: Period. MR. NEALE: And so whether you find him guilty of kidnapping Lindbergh's baby or cutting up roof trusses or whatever, the sanction's going to be the same. Unlike in numerous other cases on this board, you know, if you 96 May 20, 2009 find him guilty and you determine based on the facts that he is to be sanctioned, there is one sanction available. So -- MR. LYKO S : Okay. MR. WHITE: What I'd suggest, Mr. Chairman, in order to make sure that this case is as airtight as possible, that we propose to take a vote on finding him guilty or not and what we would find him guilty of I'd propose should read something like this, that failing to timely obtain the required building permit for air conditioning work and to obtain the required inspections and C.O. MR. LYKOS: We have to find him guilty of the count. MR. NEALE: Yeah, really -- MR. WHITE: My point is -- MR. LYKOS: Yeah, we can't do that. THE COURT REPORTER: Excuse me, there are a lot of you talking at the same time. MR. WHITE: My point is that you find him guilty of the count, but that the finding of fact is basically that he had failed to timely -- as I just read it. MR. NEALE: Typically the finding of fact, the way this board typically finds, is the board incorporates as a finding of fact what is contained in the administrative complaint. And so therefore that would incorporate what you've suggested so -- MR. WHITE: The only thing that's in the complaint is Count One, and all Count One says is he willfully violated the applicable building code, etcetera. CHAIRMAN JOSLIN: Right. MR. WHITE: There is no -- MR. GUITE': You have to read the summary, yeah. CHAIRMAN JOSLIN: But that Count One is going to lead to the rest. MR. WHITE: That's not incorporated by reference. It's -- I don't know what the summary is relative to the complaint, but it isn't the May 20, 2009 complaint. And that's why I was looking simply to say that, you know, if there's a necessary finding of fact, it's going to go forward and be what the CILB looks at. I think we've got to give them at least something that they can certainly agree with as at the minimum why we found him to have violated Count One. Without any debate, without any -- MR. NEALE: Well, the findings of fact, the way this board typically finds, is that the allegations of fact as set forth in the administrative complaint are found to be supported by the evidence. So what that does is incorporate all the allegation of fact within the administrative complaint. MR. WHITE: Is the administrative complaint the first two pages? MR. NEALE: No, the administrative complaint is the administrative complaint and all attachments. That -- CHAIRMAN JOSLIN: This entire package. MR. NEALE: -- whole packet is adopted as Exhibit A. CHAIRMAN JOSLIN: Right. Everything inside that packet goes together. MR. NEALE: So that all goes in the evidence. MR. WHITE: Okay, there was nothing in any of these documents that connected it to. And I apologize for not knowing that that was what was represented by the evidence packet. MR. NEALE: Yeah, it all constitutes what is really Exhibit A. CHAIRMAN JOSLIN: It's just that being a state certified contractor, our hands are somewhat tied as far as penalties or sanctions we with can put on him here. But once we provide the guilty factor or not guilty factor of the count, then this whole packet will go to the state board, in which then they will open it up and then they can go further with it, if they need to. MR. NEALE: And the -- as it goes forward to the state board, the finding of fact will say that this board has found those allegations M May 20, 2009 of fact contained within the complaint are found to be supported by the evidence at this hearing. MR. LYKOS: All right, I'll make a motion that we find Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Incorporated guilty of Count One, Collier County Ordinance 2006-46, Section 4.2.2, willfully violating the applicable building codes or laws of the state, city or Collier County. MR. WHITE: Second. CHAIRMAN JOSLIN: There's a motion and a second on the floor. All in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKO S : Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Is any opposed? (No response.) CHAIRMAN JOSLIN: Zero opposed. Motion carries unanimously. MR. NEALE: All right, the second section here is since the board found the respondent in violation of the ordinance, the board shall consider and order sanctions under the parameters that were discussed, which is since he is a state licensed contractor, the only sanction available is the denial of the issuance of permits or requiring issuance of permits with conditions. Those are the only two choices. In imposing the sanctions, the board shall consider the gravity of the violation, impact of the violation, actions taken by the violator to correct that violation, any previous violations committed, any other Page 91 May 20, 2009 evidence presented at this hearing by the parties relevant as to the sanction that is appropriate for the case, given the nature of this matter. Then the board also shall issue a recommendation to the State Construction Industry Licensing Board. Recommendations of: No further action, suspension, revocation or restriction of the license, or a fine to be levied by the State Construction Industry Licensing Board. So the board can make other recommendations to the state board. MR. WHITE: Is it possible in terms of restricting permit pulling privileges to confine that to a period of time or an event certain? CHAIRMAN JOSLIN: The privileges are suspended, period. He's found guilty of the charge. The only way he can do this was if he was (sic) somehow in an appeal form come back and found not guilty of this charge. MR. NEALE: Or the board -- Mr. White brings up a good point. The board could set out a time certain for the -- you know, that the issuance permits are denied for a period of a year, two years, five years. MR. WHITE: Well, what I was thinking, gentlemen, was that we would certainly kind of pull all his permit pulling privileges until such time as the CILB comes up with its findings, one way -- MR. LYKOS: We don't know how long that is. MR. GUITE' At's like four years out. MR. WHITE: That's fine with me. But the point is I wouldn't think we'd want him pulling permits during the time period in which we're not certain that the state's going to ultimately come to a conclusion one way or the other. I'm satisfied he's violated it and think that one of the recommendations we might make to them would be in the form of a fine. But in the interim I think the point is that I don't know that it makes sense to have him allowed to be able to pull permits. I think Page 92 May 20, 2009 we've all heard enough to say that -- on whether it's just a willful violation of not getting a permit or getting the inspection and CO or the failure to address the truss issues, whether he caused them or not, are adequate enough to say that he ought not be in a position to pull permits in Collier County, and that the recommendation to CILB ought be one that indicates we felt it serious enough that we withheld his permit pulling privileges until they made a determination. And that if they believe on the other side of things that no further discipline is warranted beyond that period of time, so be it. But I still think that a recommendation of a fine to CILB would be in order as well. MR. NEALE: And the board can make that recommendation. They can recommend -- this board can -- you know, even though they can't do it in this forum, they can recommend to the Contractor Licensing Board, this board can recommend, that they revoke his license, that they fine him up to the statutory maximum of $10,000. So those two penalties are certainly within the purview of this board to make that recommendation to the state board. MR. JERULLE: Does the county staff have a recommendation? Before we make a decision, I'd like to hear what they have to say. MR. GANGULI: Gentlemen, I'm somewhat parroting here. It is a recommendation of the county that the permit pulling privileges of Bob's Air Conditioning and Refrigeration, Incorporated be revoked against Mr. Phillips' State License CAC-054717, and this finding of fact be forwarded to the Florida Department of Business and Professional Regulations for further action to be taken at their discretion. MR. LANTZ: Can I just ask a question? CHAIRMAN JOSLIN: Sure. MR. LANTZ: If he has no permit pulling privileges, that's not putting him out of business. He can still do service calls and repairs where you don't need a permit. So we're not doing very much, realistically. Page 93 May 20, 2009 MR. JACKSON: You're correct. CHAIRMAN JOSLIN: Unfortunately that's the hands that are tied. MR. LANTZ: I just want to make sure -- CHAIRMAN JOSLIN: You're absolutely correct, he can, yes. He can also go put air conditioning systems in like he maybe has been doing without a permit, but we have to catch him in it. MR. LYKOS: For our new members, I remember one of my first couple of sessions I was eager to revoke somebody's license, and our previous chairman, Mr. Dickson, said remember, when you do that, functionally you're taking away somebody's ability to earn a living. So we need to be careful how we act in terms of going to the fullest extreme of our abilities, which is revoking somebody's license. If this were a situation where he built a home, didn't get a permit and there were severe structural problems and somebody got hurt and when that homeowner tried to get satisfaction from the builder and the builder skipped out of town with money, that's a severe situation where revocation of a license would seem appropriate. My opinion is that this offense is something less than a revocation of a license. Probably a suspension. Your point is very well taken that if we suspend his license for 30 days, 60 days, 90 days, whatever it is, he can still do service. He'll probably do some replacements that we won't know about. And if we revoke his license, he'll probably do the same thing. But I think in keeping with what we've done historically and in keeping with what a worst case scenario is in terms of a crime against the community, revocation is probably not appropriate in this situation. MR. WHITE: Are you speaking, Mr. Lykos, in terms of a recommendation to CILB or something within the scope of our authority to limit his permit pulling privileges? MR. LYKOS: Within our authority. May 20, 2009 CHAIRMAN JOSLIN: We can't go any farther than that at the moment. We can make recommendations -- MR. WHITE: So we're not going to revoke his license, we're simply going to restrict his permit pulling privileges to some degree or not. MR. LYKOS: Right. Perhaps suspend him for 30 days, 90 days. Which would limit his -- the work that he can do to service work and maintenance and those kind of things. But it would in theory prevent him from replacing air conditioning units or installing new air conditioning units. Assuming that he actually abides by the law and doesn't do it without his -- without pulling permits. MR. GUITE': We've only revoked I think maybe one since I've been here. CHAIRMAN JOSLIN: Maybe five in my nine years. MR. GUITE' : Yeah, so it's -- CHAIRMAN JOSLIN: It's got to be pretty serious and right now MR. GUITE': -- it was really serious last time. CHAIRMAN JOSLIN: We can't prove the seriousness of this case. Not getting a permit, not getting an inspection, okay, it's a serious factor, but it's not detrimental to -- as it is to not have trusses cut in your home. But we cannot -- physically I don't think we have the evidence to prove that. So it would be very impartial of us to take a man's license because of evidence that we can't prove. MR. GUITE': And if somebody came in and rewired it and did it wrong, probably it's putting the homeowner in more danger than cutting the truss, so -- CHAIRMAN JOSLIN: And I'm looking at the charges on this also of $69 and $200 for a bad thermostat. Now, being a contractor myself with brand new air conditioners and brand new heat pumps, that they come right out of the box bad. So it's not saying that it was Page 95 May 20, 2009 his fault that it was bad. And then we're theorizing on the trusses. So I think I agree with Mr. Lykos, I don't think this is a case where we should be trying to really take away his livelihood, only restrict his livelihood to a degree of going out and trying to put in new systems again. MR. WHITE: So it's a question of time I guess between what I was suggesting it be that his permit pulling privileges be withheld until the CILB rules. If that's going to be a matter of years, then we have kind of a large gap of time between what seems many of the board members are thinking and what I was suggesting. I was under the impression that this thing would get to the CILB and probably be heard within a matter of months and decided -- CHAIRMAN JOSLIN: No, no, no. It would probably take, ballpark I'm thinking two years, the back log they have. MR. LYKOS: The busiest time of the year for the AC guys is coming up, summer. If we limit his permit pulling privileges for -- or remove them for 90 days, that would get through -- it would be his busiest time of the year. That I would hope would be pretty good punishment for somebody that can go get a permit basically over the counter. So, you know, I'm not making a motion yet, I want to throw here that 90 days during the busiest time of the year is probably pretty good disciplinary action. MR. JERULLE: Listen, I don't think we're going to be -- by 90 days or nine years, I don't think you're going to affect his business. And the reason I say that, he can always act as a subcontractor. He is still a licensed -- Florida state licensed contractor that can have another AC contractor hire him to do the work and the other AC guy pull the permit. CHAIRMAN JOSLIN: Yes. MR. JERULLE: So you're really not going to affect his license, besides the point that you said that he could still do maintenance and Page 96 May 20, 2009 service calls. So -- MR. LYKOS: That's a great point, Terry. MR. JERULLE: -- I don't know that we're ever going to affect -- CHAIRMAN JOSLIN: Is there -- how about another way to restrict his -- the permit pulling privileges, yes, but as far as to put him on some type of a -- MR. LYKOS: One-year probation? CHAIRMAN JOSLIN: -- a probationary period of maybe every 90 days or every three months for a period of a year and have him -- allow Collier County staff to be able to monitor his permit pulling privileges. That will restrict him from being able to just go in and pull -- and then monitor those inspections and monitor those permits. MR. NEALE: I don't think that falls within the purview of what the sanctions are the board can -- CHAIRMAN JOSLIN: What we can do. MR. NEALE: -- impose. I mean, it's -- in a deny or permit -- have permit pulling privileges with restrictions. CHAIRMAN JOSLIN: Right. MR. NEALE: Now, that -- what those restrictions might be, I don't have any good information on what that power is, but -- MR. WHITE: I would imagine potentially -- in other cases I've seen they would limit the scope of work, for example, that you might be able to do, dollar limited jobs, I don't know -- CHAIRMAN JOSLIN: I mean, we've had other contractors with the same -- not the same scenario but something similar to it where they have to report every job that they do. MR. NEALE: But that was -- those were locally licensed contractors. MR. LYKOS: Yeah, those were workers' comp. MR. JERULLE: Can -- MR. NEALE: And those were locally licensed, not state licensed. Page 97 May 20, 2009 CHAIRMAN JOSLIN: I gotcha. MR. NEALE: You know, the question would come to what this board's interpretation of the phrase requiring issuance of permits with conditions would be. MR. JERULLE: If we did suspend his license -- and it's a question -- can we make it contingent upon him coming back before us before -- MR. NEALE: Well, you can't suspend his license. MR. JERULLE: Right, excuse me, I misspoke. Pull the permit -- MR. NEALE: Well, you know, as I say, it really turns on how the board interprets the phrase requiring issuance of permits with conditions. CHAIRMAN JOSLIN: Well, that would stem into the fact of being able to put him on a probationary situation where the county, every time he was to go in and, say, pull a permit, he would be under the supervision of the staff monitoring that permit. And if he was caught doing any other work in any other job, in any other complaints, the license would then go to the state board as far as being a willful violation of that? I mean, I'm trying to put words together here to see if we can't put him on a real page, but -- MR. JERULLE: See, I want to pull him into the fold, so to speak. I want him to come back and recognize the board and recognize the county and be a good honest contractor. I don't want to push him away and have him go out and do work without pulling permits. CHAIRMAN JOSLIN: Well, you have to look at it this way, too, he's been here since what, 1986 he says? Now, that's a long time to be a contractor here, a state certified contractor. And I don't know if staff can come up with any other penalties or any other violations that he's had or any other complaints he's had on record. And if he hasn't -- MR. LYKOS: Well, in 15 years he's pulled seven permits. What if we do this, 90-day suspension of his permit pulling privileges and one-year probation. If he gets caught on a job where he May 20, 2009 doesn't pull a permit, he will be on probation when he gets caught and he'll have to come back in front of the board. And if he does a job without a permit in the next year, well then we can actually revoke his license. CHAIRMAN JOSLIN: We can't -- MR. HORN: Permit pulling -- MR. LYKOS: His -- you know, functionally -- that's why we keep getting caught up in it, because functionally it's -- CHAIRMAN JOSLIN: It's what we'd like to do. MR. LYKOS: Right. I mean, that's what the net result is. MR. JACKSON: Mr. Chairman, may I? CHAIRMAN JOSLIN: Yes, you may. Sorry. MR. JACKSON: If Mr. Phillips is found in violation today and in two weeks or six months Mr. Phillips performs another installation with no building permit, that's going to be considered another willful violation -- CHAIRMAN JOSLIN: Correct. MR. JACKSON: -- and he'll be back in front of this board no matter what, probation, no probation. It would be considered another willful violation and again he would be in front of this board. CHAIRMAN JOSLIN: I understand that. So we wouldn't have to set up all the extra rules. I mean, that's automatic. MR. JACKSON: I think the concept of probation is redundant, because if he does it again he'll be here. MR. LYKOS: Okay. CHAIRMAN JOSLIN: So it's either deny his permit privileges or it doesn't matter. MR. JACKSON: Revocation or suspension is the way I'm looking at it. And a suspension with a stipulation, perhaps. MR. WHITE: You're again talking about of permit pulling privileges. MR. JACKSON: Of his ability to obtain a building permit and May 20, 2009 nothing more. CHAIRMAN JOSLIN: Mr. Jackson, I'll ask you then, what's your recommendation? MR. JACKSON: First of all, the county would certainly like to see the installation of this unit permitted. And if that doesn't happen, certainly it would not weigh well on Mr. Phillips. MR. WHITE: So are you suggesting that we would withhold his permit pulling privileges, for example, until he obtained the necessary -- reopened the permit, obtained the necessary inspections and got a CO for Mr. Koenig's unit? MR. JACKSON: A suspension would be -- MR. WHITE: At least that long? MR. JACKSON: -- would be far more reasonable, provided he permitted what brought him here in the first place. CHAIRMAN JOSLIN: This job. MR. WHITE: Yes. CHAIRMAN JOSLIN: Very good. MR. JACKSON: If that is not permitted, I think a revocation would be appropriate. CHAIRMAN JOSLIN: Okay, so the other contractor that came in and finished the job actually did not then get a permit for it? MR. NEALE: They didn't have to. MR. JACKSON: The installation to this date is not permitted. CHAIRMAN JOSLIN: Okay, I thought they -- that's what I thought they did. MR. NEALE: And the board does get caught in a Catch-22 if they suspend his permit pulling privileges but then he has to pull a permit to get this job finally permitted and inspected, he doesn't have the ability to pull permits so -- I think what Mr. Jackson's driving at, give him the window to pull this permit, get it -- MR. WHITE: Well, certainly -- CHAIRMAN JOSLIN: Can we given him a time span of -- Page 100 May 20, 2009 THE COURT REPORTER: Excuse me, can we speak one at a time, please. CHAIRMAN JOSLIN: I'm sorry. MR. LYKOS: Sorry. CHAIRMAN JOSLIN: Can we give him a time span of say 30 days or 15 days? I don't know how long it would take to get an AC permit, but it shouldn't take that long. And to get the final inspection. If it's already inspected and running and working, it shouldn't take too long. MR. WHITE: May I make a -- CHAIRMAN JOSLIN: Can we give him a 15-day grace and if it doesn't happen within the 15 days, or even a 30-day period, then his permit privileges are suspended, period. MR. WHITE: May I make a suggestion? CHAIRMAN JOSLIN: Sure. MR. WHITE: And maybe this makes more work for us, I don't know. But certainly in terms of restricting his permit pulling privileges, we could restrict his permit pulling privileges to this address only, number one. So I think that solves the question of timing and it puts in Mr. Phillips' hands whether he's going to come in and get that permit issue resolved, get the inspections and get the CO. And then I don't know whether we have the ability to carry this case forward to a point in time where once that permit is obtained and hopefully C.O.'d that we would make a further determination at that point in time as to a period of time to reconsider the scope of restriction on his permit pulling privileges, meaning that they would be suspended indefinitely, with the exception of this address, until such time as we would come back and further consider. My point being simply to be able to evaluate first whether he's going to get the permit and fix the problem for Mr. Koenig, and then secondarily, depending upon what is done from the building department's point of view that's needed to fix it. Page 101 May 20, 2009 CHAIRMAN JOSLIN: For the final inspection. MR. WHITE: Right. MR. NEALE: I would think, following Mr. White's suggestion, I certainly think it would be in the purview of this board to -- you've already found him in violation, that's already done. The board could -- it's permitted within the ordinance and within the statute that the board could suspend or delay the determination of sanctions until such time as he performs or does not perform certain actions. So therefore you could say, you know, that he has a certain period of time to get the permit, get it inspected and then come back before this board at a time certain, 30 days from now -- CHAIRMAN JOSLIN: Thirty days. MR. NEALE: -- next meeting. If he has done that at that time, then you -- or not done it at that time, then you could at the next meeting determine what the sanctions are that are appropriate and the recommendations to the board. Is that MR. WHITE: Practically I think it achieves the same end and I'd be comfortable with it. MR. LANTZ: I just have one more question. If I were the homeowner in this situation -- I assume they're not on good terms at all. And if he came into my house, I would say I don't want you coming to my house, I don't want you to come on my property, I don't want you to come to my attic. So I'm just curious as if the homeowner -- what happens if the homeowner says I don't want you here, get somebody else to pull the permit and get -- I would not be surprised if that was the homeowner's response. They may have the other company come back, whoever did the repair, permanent -- MR. GUITE': But what's going to happen with the roof trusses? CHAIRMAN JOSLIN: Right. MR. GUITE': When they go for final inspection, they're going to kick it back to the -- Page 102 May 20, 2009 MR. LANTZ: I wouldn't let him in my roof, in my attic. I mean, regardless of what the board said. MR. GUITE' : No, but -- CHAIRMAN JOSLIN: But again, though -- MR. GUITE': -- I'd probably just get somebody else to fix it -- CHAIRMAN JOSLIN: Again, though -- MR. GUITE': -- and just move on. CHAIRMAN JOSLIN: You're theorizing though again that the roof trusses were his -- was his fault. MR. GUITE': No, no, no, I'm not. That's what I'm saying. CHAIRMAN JOSLIN: And we can prove that. MR. GUITE': That's what I'm saying. Because we don't know he did it. But when he pulls the permit and they call for an inspection and they go up there to look at the unit, they're going to see the roof trusses have been cut and they're going to fail the inspection. So he's in a Catch-22. CHAIRMAN JOSLIN: I don't -- go ahead, I'm sorry. MR. LYKOS: If I remember right, there was a state law that passed, I think it was in '08, giving contractors one year with right of first -- first right to come in and repair any defects. The owner has to provide written notice of construction defects and the original contractor has one year to effect those repairs or offer a financial settlement for the value of those repairs. So even though the homeowner may not really like to have Mr. Phillips back in his home, there is a state law that gives Mr. Phillips one year to go back and make those repairs. MR. LANTZ: Does that give him access or that gives him the homeowner doesn't have financial repercussions if he does? MR. LYKOS: The law is that the contractor has one year to make the repairs or offer financial remuneration. So in this situation we're requiring that he actually make the repairs. He can't give the homeowner a check for the cost of -- the value of those repairs. He Page 103 May 20, 2009 actually has to go back and complete the job and make the re -- to our satisfaction. So there's a state law that would allow him on the property to do that. MR. WHITE: One of the things that was in the packet was a statement from an engineering company that dealt with what were the neces -- or what were going to be proposed as the necessary steps to repair the truss. I don't know that we have that information yet or how long it's going to take to get that information. It could be a fairly simple matter to get those things repaired, I don't know. And we won't know. But I think the point is that if we put Mr. Phillips in the position of having to take responsibility for it to complete the job and he chooses not to, that's in his hands. We're not saying that he did it, we're not saying he's responsible to take the blame for them having been cut, but certainly there's an understanding it seems in the county's permitting staff that a contractor, regardless of AC, electrical or otherwise, has some responsible duty to notify the homeowner and potentially the county that there have been trusses cut. And that certainly seems to be a concern of this board. So I think we put the keys in Mr. Phillips' hands to address the matter. And if there is a financial consequence of doing that, I think he's going to have to weigh that, and he's going to have to look at what the subsequent costs are going to be in appearing before the CILB if a month from now our recommendation for sanction is potentially more severe because he did not step up to the plate. And so I think the idea that we've made the finding, as Mr. Neale indicates, we table the determination of the sanctions till our next meeting, and I think Mr. Phillips is probably aware that what we're expecting he will do is renew the building permit, get on up there and -- well, I don't even know if he has to go back, but certainly county inspectors go in and look at it, see what needs to be done and address Page 104 May 20, 2009 those issues. If another permit is necessary to repair the structural aspects of the trusses, hopefully the engineering firm will have made its recommendation shortly, and they'll have adequate information on how to fix it. And if he bears the cost of doing so, I'm going to be far more inclined a month from now to be a bit more lenient. And I would imagine -- CHAIRMAN JOSLIN: So we suspend his permit privileges for 30 days except for this particular home address permit, allow him 30 days to be able to go in and make the repairs -- MR. WHITE: So long as Mr. Neale -- CHAIRMAN JOSLIN: -- or at least act on it and try to get a final permit and then report -- or come back before this board and we hold sanctions until the next meeting. MR. WHITE: Further sanctions. And if I understand what Mr. Neale was saying, I think we have the latitude to do that. MR. NEALE: Certainly. CHAIRMAN JOSLIN: Rather than actually act on it today, other than make the act of we found him guilty -- MR. McNALL: Found him guilty, and then the sanction that would be imposed is a 30-day suspension of permit privileges, except for this residence. CHAIRMAN JOSLIN: Right. MR. NEALE: And then he would come back here at the next regularly scheduled board meeting for review and final imposition of sanctions and recommendations to the CILB. So any recommendation to the CILB is held in abeyance until next month. The only sanctions being imposed is he's suspended for this month, except for this address. CHAIRMAN JOSLIN: And then should he go ahead and finish all the permits, get the final inspection and possibly make the truss repairs or whatever has to be done there to make this thing pass Page 105 May 20, 2009 inspection, then he is basically off the hook, or -- MR. NEALE: No. MR. LYKOS: No, no, no, we'll make the determination next month. MR. NEALE: All you do next month -- CHAIRMAN JOSLIN: That's what I mean, after that 30-day period. But then when he comes back, then we can make our final determination. MR. NEALE: Then you make the final determination. Board makes the final determination at that time as to what if any other sanctions are imposed. MR. LYKOS: I can agree with that. CHAIRMAN JOSLIN: I can agree with that. MR. GUITE': Is that truss cut? CHAIRMAN JOSLIN: I'm sorry? MR. GUITE': Is that truss cut? CHAIRMAN JOSLIN: Where? MR. GUITE': I don't know, show me. CHAIRMAN JOSLIN: There? MR. GUITE': No, anywhere, I don't care. CHAIRMAN JOSLIN: I can't tell. MR. GUITE' : It's not. MR. JERULLE: Ian, are we having a board meeting next month? MR. JACKSON: Yes, we will be here in June. MR. GUITE': On this one you can't tell. MR. NEALE: Okay, we're going to need -- MR. LYKOS: A motion. MR. NEALE: -- a motion on that sanction. CHAIRMAN JOSLIN: Okay, we're going to -- one second. We're going to suspend -- MR. LYKOS: Thirty days suspension, with the exception of that May 20, 2009 address. MR. WHITE: May I attempt one, Mr. Chairman? CHAIRMAN JOSLIN: Sure, go ahead. MR. WHITE: I move that we suspend Mr. Phillips' permit pulling privileges in Collier County until June 17th, 2009, or such time as this board next meets, with the exception of those permit pulling privileges being allowed at the address of Mr. Koenig's residence, and that we withhold making further recommendations on sanctions to CILB until that June or next meeting date. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: I have a motion and a second. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE' : 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. PHILLIPS: Gentlemen, may I ask -- CHAIRMAN JOSLIN: So the order of the board is findings and facts. This cause came before -- came on for public hearing before the Contractor Licensing Board on May 20th, 2009 for consideration of the administrative complaint filed against Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Inc., license number 16193/CAC054717. And the complaint, No. 2009-06. The board at this hearing heard testimony under oath, received Page 107 May 20, 2009 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 and fact are that Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Inc., is the holder of record of license number 16193/CAC054717. That the Board of Collier 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 Bobby J. Phillips, Bob's Air Conditioning and Refrigeration, Inc., was present at the public hearing and was not represented by counsel at the hearing date on May 20th, 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 Ordinance No. -- Section 4.2.2 in a manner that -- in violation of Collier County ordinance and is one of -- who committed the act. The allegations of the fact as set forth in the administrative complaint as to Count One, Collier County Ordinance 2006-46, Section 4.2.2, willfully violating the applicable building codes or laws of the state, city or Collier County, are to be found and supported by the evidence presented at the hearing. Conclusions of law alleged and set forth in the administrative complaint as to Count One are being Collier County Ordinance 2006-46, Section 4.2.2, willfully violating the applicable building codes or laws of the state, city or Collier County are approved, adopted and incorporated herein. To wit: Respondent violated section -- willfully violating the applicable building codes or laws of the state, city or Collier County in Collier County Ordinance 90-105, as amended, in the performance of his contracting business in Collier County by acting in violation of the section set out in the administrative complaint with particularity. The order of the board: Based upon the foregoing findings of 99-ME-9 May 20, 2009 facts 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 8-0, eight 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 eight in favor and zero opposed, a majority vote of board members present, that the following disciplinary sanction and related orders are hereby imposed upon the holder of contractor's certificate of competency No. 16193/CAC054717. That Bobby J. Phillips, Jr., d/b/a Bob's Air Conditioning and Refrigeration, Inc. has been found guilty and his permit privileges in Collier County have hereby been suspended with the exception of the address of -- MR. WHITE: 185 Berkshire Lakes, unit five, I believe. CHAIRMAN JOSLIN: 185 Berkshire Lakes, a Mr. William Koenig, spelled K-O-E-N-I-G. MR. LYKOS: No, that's not right. It's like 690 Compton Lane or something. CHAIRMAN JOSLIN: I'm sorry, it is -- homeowners -- sorry, reverse that. It is 6901 Compton Lane South. That is Mr. William Koenig. K-O-E-N-I-G. MR. WHITE: Thank you. CHAIRMAN JOSLIN: That his privileges be suspended for a period of 30 days, except for that particular permit. And he will be brought back before the Collier County Contractor Licensing Board after that 30-day period to see if the permit has been completed and finalized and all items regarding that permit have been satisfied. He will return before this board in 30 days for the sanctions, but these sanction will be held in check. MR. NEALE: In abeyance. CHAIRMAN JOSLIN: In what? Page 109 May 20, 2009 MR. NEALE: In abeyance. CHAIRMAN JOSLIN: Advanced (sic) until the 30-day cycle when he comes back for the next board meeting, which will be on June 17th. Does that pretty much leave nothing out? It is hereby ordered. That's it. MR. PHILLIPS: You guys are elected, right? Do I get to go around town taking pictures? CHAIRMAN JOSLIN: Mr. Phillips, at this moment I think I would consider myself very lucky. MR. PHILLIPS: Sir, I don't know, you guys are -- you guys are -- you don't think I pulled that many permits and you don't even check it out? I mean, you guys are -- I'm serious, man. I mean, you take my license away when I've been perfect -- CHAIRMAN JOSLIN: Thank you, sir. No, wait. MR. PHILLIPS: No, I don't got to wait, you're not my judge. MR. NEALE: Well, yeah, you sort of are. MR. GUITE' : Maybe we should have -- MR. NEALE: Yeah, you really sort of are, guys. CHAIRMAN JOSLIN: We tried not to. And we didn't. MR. GUITE': I was trying to get him to back down and hire an attorney. CHAIRMAN JOSLIN: Well, there are all kinds. We tried to do a guy a favor and maybe it didn't work. Maybe that's just what needs to go on TV and be heard because -- MR. NEALE: Well, the thing is you do get to see him again June 17th. CHAIRMAN JOSLIN: Yes. Aren't we lucky? MR. ZACHARY: And you can tune in tonight and -- MR. NEALE: And watch yourselves again. MR. GUITE': Now, would that be considered the new member orientation? Page 110 May 20, 2009 MR. LYKOS: Orientation? That's a pretty good orientation. CHAIRMAN JOSLIN: Yes. Everyone got their feet real wet real quick, huh? MR. NEALE: Yeah, the new member orientation, what I was going to suggest is that we have a brief session prior to or after the next meeting to orient the new members on how the procedures work and everything. But I think unless they have specific questions, they can certainly ask Mr. Zachary or myself, but I think today's meeting was a good indoctrination to every possible procedure we've ever had and then some. So -- MR. ZACHARY: Or to paraphrase the ordinance, orientation would be superfluous. MR. NEALE: Yes. MR. WHITE: It's the mid -evil practice of trial by fire? MR. NEALE: Yeah, pretty much. MR. LYKOS : Mr. Chair, before we adjourn, couple of comments and then a request. For those that don't know, I'm also president of the Collier Building Industry Association. We have a group that meets with Mr. Schmitt and Mr. Dunn on a regular basis. And due to some of the budget constraints that have arisen in the last year, the CDES staff, including the licensing staff, has been on furloughs. And according to Mr. Schmitt, very soon they'll be going to a four -day work week. If you've been paying attention to the quantity of citations that have been issued, in March there were nearly 100 citations issued, and then in April after the furloughs started the citation number dropped to less than 70. I have serious concerns about the amount of unlicensed activity going on in Collier County, about the number of licensed contractors who might be letting their insurance lapse or their workers' comp. lapse or might be doing work without permits. And I think it's a time we should be ramping up our licensing investigations and even adding Page 111 May 20, 2009 to our staff, which is opposite of what's been going on. So I wanted to make you aware of that, number one. Number two, I don't know how we do this, but I would like for the board to pass a resolution recommending to Mr. Schmitt and to the County Commissioners that the licensing staff be maintained at full staff, at full working hours, and to also consider adding another investigator so that we can address the life safety issues and the best interest of the consumers of Collier County under these difficult economic times. CHAIRMAN JOSLIN: That's a good idea. A resolution I don't think is possible, but we can make a recommendation to the Board of Commissioners and they probably can act on it. I know I have been in discussion with Mr. Henning and Ms. Fiala for the past two months now about the same situation. They're doing their best to be able to try to keep the licensing personnel on staff all the time. And I think probably maybe this conversation will add another little cog in the wheel that hopefully we can do something about that. It's very difficult right now as far as finding out who works and who doesn't work. I agree with you 100 percent, though, that licensing should be at full force right now plus. Because we're going to have more and more and more of unlicensed activity going on. And I just don't think it's going to be a good thing to be laying off people or going to a four -day workweek. And so you're absolutely correct. MR. LYKOS: Well, the other thing is the City of Naples laid off their code enforcement officer, so Mr. Kennette now has to spend his time in the city. So it's almost like we lost a person to begin with, because the city laid off their person, so we dropped -- functionally we dropped an investigator when we had to pick up for the city's loss. And when we go to furloughs and four -day work weeks, I mean, it won't take long for the people that want to skirt the law to figure out they can work Fridays, Saturdays, Sunday, they can work at night and Page 112 May 20, 2009 staff s already overworked. I mean, we have a responsi -- we come here to protect the community from bad contractors, from unlicensed activity, and the actions of the people in charge here are only promoting that. So I think we need to make sure that Mr. Schmitt knows that Mr. Mudd knows and the County Commissioners know that we need the licensing board to be fully staffed. If not, add more people. MR. GUITE': We also need to let the consumers know that they need to report any suspicious contractor activity. If they do enter in a contract, make sure they do have a licensed contractor with insurance, and use licensed subs. As you know in the past I've come down on the homeowners for hiring an unlicensed contractor. I think they're just as much at fault as the unlicensed contractor. So it is up to the homeowners to, you know, just check it out. You see some -- hear some sawing or banging or something going on, just it doesn't hurt to give the licensing a call. MR. WHITE: Just a question. I have some familiarity with the way that the fee structure and budgets work with respect to other areas of the county, but I'm not as up to speed I think on how permit fees and other aspects relate to the enforcement arm for contractor licensing. And if there's someone who can either give us a kind of brief presentation on it, I think that could help us in making a recommendation. I don't mean to supplant our role, but -- MR. NEALE: Mr. Ossorio's done that in the past, and I'm sure he will again, is he has provided this board with a revenue summary of what the contractor licensing staff generates in terms of permit fees and fines and so forth. And it's a fairly revealing number in that based on what this board has seen in the past, I believe it would show that the contractor licensing staff more than carries itself in terms of revenues. CHAIRMAN JOSLIN: More than carries itself, exactly. Page 113 0 May 20, 2009 I think it probably -- it may be in line if the board so decides that either myself and maybe Mr. Lykos as chairman and vice chair can go and try to have a meeting with Mr. Dunn and Mr. Mudd and see if we can't come up with some methods of being able to come up with an answer of keeping these people on staff and tell them the reasons why in person, if need be. MR. NEALE: Yeah, and I would -- MR. LYKOS: I know Mr. Schmitt would be open to that conversation. But I think it's important that this board, if it's not a resolution, that something come from this board to let them know how important it is, how important what they do is and how important it is to keep them fully staffed. MR. NEALE: What this board has done in the past is authorize the chair and/or vice chair to draft a letter to transmit to the Board of County Commissioners reflecting the sentiment of the board. So that's something that certainly could be done. MR. LYKOS: And they have a meeting next Tuesday. MR. WHITE: Would a motion at this time in that regard be appropriate? MR. NEALE: It would be totally appropriate, yeah. MR. GUITE': So moved. MR. WHITE: Second. CHAIRMAN JOSLIN: So moved. I got a motion and a second on the floor. All those in favor, signify by saying aye. MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKO S : Aye. MR. HORN: Aye. Page 114 May 20, 2009 CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Motion carries. Fine, I guess you and I will get together and we'll put a letter together and go have a meeting and see if we can't keep licensing working anyway. MR. LYKOS: Yes, sir. CHAIRMAN JOSLIN: I think it's a good thing. I think these gentlemen do one heck of a job out there. MR. WHITE: If I could encourage you, Mr. Chairman and Mr. Lykos, to have the latest of those statistics that Mr. Ossorio has provided. I think that would be compelling. And I only mention that so that the staff will have an opportunity to work on that. CHAIRMAN JOSLIN: I believe probably Jennifer would be the best one, because she probably pulls it up on the computer and hands it to Michael. So she's got the word. MR. JERULLE: You'll provide a copy of that letter next month? MR. LYKOS: I'll make sure we get it to the commissioners Tuesday. I'll be there talking to them anyway about other things, so -- CHAIRMAN JOSLIN: Okay, any other discussions? Any other thoughts from the board? (No response.) CHAIRMAN JOSLIN: Any other -- MR. GUITE': I'll make another motion. CHAIRMAN JOSLIN: One more? MR. GUITE': Yeah, that we adjourn. CHAIRMAN JOSLIN: Okay. MR. LYKOS: Second, Lykos. CHAIRMAN JOSLIN: All in favor? MR. BOYD: Aye. MR. GUITE': Aye. MR. LANTZ: Aye. Page 115 May 20, 2009 MR. JERULLE: Aye. CHAIRMAN JOSLIN: Aye. MR. WHITE: Aye. MR. LYKOS: Aye. MR. HORN: Aye. CHAIRMAN JOSLIN: Any opposed? (No response.) CHAIRMAN JOSLIN: Adjourned. See you next month. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:28 p.m. COLLIER COUNTY CONTRACTORS LICENSING BOARD RICHARD JOSLIN, Chairman These minutes approved by the board on presented or as corrected as Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 116 Manager Page 1 of 2 gJew Subscription v d d of 1 v 100% Find I Next Select a format Export CAlergonnet Report Title: Contractor's Licensing Monthly Report Date: 6/1/2009 8:23:58 AM Criteria used on this reoort: Summary of Contractor's Licensing Fee Codes, based on Fee Paid Date. Group by Fee Code. From: 10/1/2008 To: 5/31/2009 Oct Nov Dec Jan Feb Mar Apr May Year To Date Count Amount Count Amount Count Amount Count Amount Count Amount Count Amount Count Amount Count Amount Count Amount c CONTRACTOR'S NEW LICENSE 38 $5,040 12 $1,535 32 $3,995 45 $5,965 29 $3,975 29 $3,875 30 $4,095 28 $3,840 243 $32,320 CONTRACTOR'S RENEWAL LIC. 672 $56,400 146 $12,580 200 $17,005 80 $6,690 24 $2,010 15 $1,305 10 $670 10 $895 1,157 $97,555 CONTRACTOR'S REINSTATE LIC. 4 $520 1 $135 8 $1,110 52 $6,895 22 $2,860 12 $1,650 4 $455 6 $825 109 $14,450 o CONTRACTORS CHANGE OF 26 $260 18 $180 17 $170 21 $210 10 $100 7 $70 7 $70 7 $70 113 $1,130 a STATUS CONTRACTOR'S LATE FEE 384 $3,991 143 $2,640 197 $5,741 73 $2,146 24 $720 15 $450 10 $300 9 $270 855 $16,258 Sub Total: 1,124 $66,211 320 $17,070 454 $28,021 271 $21,906 109 $9,665 78 $7,350 61 $5,590 60 $5,900 2,477 $161,713 m CONTRACTOR'S EXAM FEES 54 $5,400 38 $3,800 43 $4,300 44 $4,400 54 $5,400 59 $5,900 39 $3,900 48 $4,800 379 $37,900 N_ Sub Total: 54 $5,400 38 $3,800 43 $4,300 44 $4,400 54 $5,400 59 $5,900 39 $3,900 48 $4,800 379 $37,900 0 0 STATE CERTIFIED LICENSE FEE 323 $3,230 104 $1,040 90 $900 88 $880 104 $1,040 88 $880 84 $840 76 $760 957 $9,570 CONTRACTOR'S LICENSE FINES 0 1 $1,500 0 2 $5,500 1 $500 3 $14,500 0 0 7 $22,000 CONTRACTOR'S COPIES 4 $110 1 $25 6 $147 4 $100 1 $25 5 $150 8 $186 4 $110 33 $853 CONTRACTOR'S PICTURES 2 $4 0 0 0 0 0 0 0 2 $4 CONTRACTOR'S LIC. MISC. 157 $210 57 $59 74 $128 37 $125 18 $119 1 $1 1 $1 5 $41 350 $684 CONTRACTORS LICENSE 40 $13,900 41 $12,950 49 $16,750 58 $17,855 80 $20,975 97 $26,775 68 $13,290 60 $15,375 493 $137,870 CITATIONS CONTRACTOR'S REPORTS 21 $825 6 $175 9 $250 12 $335 5 $150 19 $475 17 $425 16 $400 105 $3,035 Sub Total: 547 $18,279 210 $15,749 228 $18,175 201 $24,795 209 $22,809 213 $42,781 178 $14,742 161 $16,686 1,947 $174,015 Grand Total: 1,725 $89,890 568 $36,619 725 $50,496 516 $51,101 372 $37,874 350 $56,031 278 $24,232 269 $27,386 4,803 $373,628 Business Management & Budget Office A t http://bccsg10202IReports/Pages/Report.aspx?ItemPath=%2fCDES+Departmental+Reports%2fContractors+License%2fContractor's+Licensing+Monthly+Report&SelectedTabId=ViewTab 6/1/2009 This is in a written request for the Collier County Contractors Licensing Board for a hearing in regards of a citation received on April 15th at 633 Spinnaker Drive. I received a citation for not having workers compensation for work being done to my owri residence by myself, my father, and a long time friend of mine Bernard Cushman. I would like to resolve this matter and come to a conclusion of how this stands as is. Thank you, Jason Schooley 11 Late -ar-e of f 1,-,e,'I,>A County off Before the undersigned, an officer duly commissioned b-,.,- t h e laws o t o n t- h,-4, s day of -4-- M --- - ------ 20_Lj , personally appeared who having been first duly sworn depose and say: CS,4 �51(::�s, iVL 1� e,,c,,, Al "O4A L"A'd." 6"S� 4VY-3 L-Se, �ZCj��ef-4 j A CC e-PL� iv C! J-16 4 0 -C- r Ij �7 2-6,(-S le.4, k Witness:K' Sworn and subscribed before me t: A. D. 20DI thfir State of Rorida Mycommissluc-�D511905 Expkeso5/21/2010 of a. Beth ,! � b ion"DD521 10 4/21/2009 8:17 AM Ce 4 algg0 COLLIER COUNTY' 2 4 6 9 9 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(1), Florida Statutes, and Collier county Contractor's Licensing Ordinance No. 97-68 (as may be amended from time to time) by Sommitting the violation stated below. Month ''i I j I Da /°l�CllYcaIij- Ti f.�/1 �-? Issued To: V% ( t Z-7 City b State Zip s341 OPTIONS I have been informed of the violation of which I have been charged and elect the following option (Check one) 1) ❑ I choose to pay the penalties of $ 30b _ 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 Bo Description of Violation W,C tvie �ff ,,ate Violation Observed a) ❑ Falsely hold self or business organr ti6h out as a license, certifica e h Ider or registrant; b) I] 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 revoked; f) ❑ 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 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 Statues; h) ❑ Commence or perform work for which a building permit is required pursuant to an pled state minimum building code, without such rmit being in effect or i) Willfully or deliberately disregard or violate of 'er County ordinance relating to ertified or unregistered contractors. A person or business organization operating on an in 01 suspended certificate or registration, or operating beyond the scope of work or r hical scope of the registration, is not duly certified or registered. (INVESTIGATOR) P INT (RECIPIENT'S NAME) L/PR�]INNT (I,NV�ES 1GGATTOR�'S-N�A%M�EE))j Pursuant to 489.127, Florida Statues, willful refusal to sign ann acc this"chat%n c' as es a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. V (SEE REVERSE FOR INSTRUCTIONS) / COLLIER COUNTY CONTRACTORS LICENSE DEPARTMENT I April 21, 2009 This letter is a bold statement and description of how I feel as a person that living in Naples for 31 years born and raised, being treated and judged under assumptions of another. I feel that I've been treated completely unfair and bullied. The event that took place at 633 Spinnaker Dr. on Marco Island at around 2:30 p.m. April 15th between myself Jason Schooley, and Ian Jackson., Collier County licensing inspector, was a far fetched event. Ian had stopped at my newly leased property that I had been cleaning up and doing some minor work to. I met him at the driveway, said hello, and told him that this was my place. He said "oh it is?" I said yes. I began to explain to him that I was doing some tile work in the foyer, approximately 150sgft, painting the guest bedroom, because it was previously painted turquoise. He asked if he could take a look around, and I said yes, with no hesitation. He went upstairs, walked through and took a look, then said "thank you, have a good day." I told him "thank you, you do the same." I then went back to getting prepared to do the tile work. Ian went to his truck, sat there for about 15 minutes then came back to the house. He asked me if I had workers compensation, and I said I think so, but I wasn't positive, but I hadn't received any letters about it. Then he said that I wasn't exempt, and I said I know that I have exemption. Ian then again repeated that my father, who lives with me, wasn't covered. We continued to talk when my friend Bernard Cushman came down the stairs from using the restroom to have a cigarette. Ian says "who's this?" I said, this is my friend, he's helping me. Ian then says lets go to my truck. I walked to his truck and he looked me up under my business name. Not as a tenant with a father and a friend. Then Ian says, "Well your coverage was expired" and I said "I don't have any employees, I can't afford it." He then says well there. was another case where there was a person who had a friend helping him and he was injured and couldn't work ever again and he was fined $5000. I didn't know what to say, and felt that I still hadn't done anything wrong with my own father, who lives in the house and a friend of 12 years giving his friend a helping hand willingly. I told Ian there was no contract nor was my father-in-law who owns the home paying me. This was out of my own free will. I didn't have any jobs to do and I had time to clean up the house. Ian then says "this is a construction site and I'm going to fine you $300 today. I still didn't get a clear explanation why I can't have a friend of mine offer his help. J was lost for what to say and I know I can't afford a $5000 fine, so I took his citation. Now I don't understand why he approached me, looked at what we were doing, turned around and then said have a good day, then left. No questions about is there a contract, where's the home owner, and do you have coverage? Why did he go out to his truck and contemplate whether I was a tenant or a contractor. If I wasn't a contractor I wouldn't have any problem at all and life goes on. Now he can extort money from me using definitions and loop holes. He didn't see Bernie or my father doing any work at the time. My father and I were setting up and Bernie was in the restroom. Now if I were doing something illegal, don't you think I would have everyone hide or not to be noticed? Or I could have told Ian that Bernie had just got there and he was checking out the house because we were moving. I did no such thing. I was open and honest. I let him search the property willingly and go about his duty. Ian gave me the citation then shook my hand and went on his way. As I walked up I said to Bernie and my father, he gave me a citation for you guys being here. Bernie told me he was licensed and exempt as a handyman. I didn't even think to tell Ian because Bernie wasn't for hire, and I truly forgot that he was. So I called Ian and told him what Bernie had told me. Ian said. it's not construction exemption. Now I'm really confused because how's it a construction site, and why am 1 being treatbd like a contractor, with no contract on my own property of lease, and receiving no payment. My father-in-law called Ian and asked what was going on? Ian proceeded to tell Marvin Drummond that he didn't know Bernie and that Bernie was getting paid. Marvin told him that's not true, and that Bernie has been over to cookouts and has spent time at his house with his son-in-law. Ian said too bad, and wouldn't even think it through. Marvin asked for his supervisors number, because this was criminal and completely unnecessary. Michael, Ian's supervisor, then called back and spoke to Marvin and proceeded to stand strong with the assumptions presented and that the contractor should be the one who talks to him. Marvin gave me his phone number and I immediately called to talk to Mike. Mike then returned my call, we spoke, or I should say he spoke, not giving me a chance to say much about the situation. He continued with his accusations and told me he needs an affidavit and they would subpoena my books. Then he said "wouldn't it be easier if you just paid the money for the fine instead of hiring a lawyer and going through the hassle?" I said no problem you can have the books, Bernie doesn't work for me. We ended the discussion and went from there. Again, I don't see why they think that a flooring installer, my self with 14 years experience, would need any help installing a 150sgft of tile. Let alone need two helpers aiding me with this task. My father was helping me, and Bernie had only been there for about approximately an hour and a half, and was cleaning up the guest bedroom for me so I could prepare for it to be painted. This room is to be used for our two year old son and I wanted it to be decent. In detail he removed the electric covers, wiped the dust from off the walls, and caulked the base where it needed it. I appreciate your time and consideration of reading my thought and concerns, because I feel that I'm not the only person that has been a victim of assumptions. I will stand up for what is right and wrong. This is wrong, and you can't tell me that no ones ever had a friend of many years, that would want to help you out in a time of need. Bernie and I are both fathers and both know what hardship and struggle is about. We don't come from silver spoon lives, but we will help a friend in need with no questions asked. Thank you sincerely, Jason P Schooley LEASE AGEEEM ENT This Lease Agreement ("Lease") is entered by and between Leonard Bulat, Maria Buhl, Raymond Piccione, Jill Piccione ("Landlord") and Jason Schooley, Natasha Drummond ("Tenant") on May 1st,2008. Landlord and Tenant may collectively be referred to as the "Parties" This Lease creates joint and several liabilities in the case of multiple Tenants. WITNESSETH: That in consideration of the mutual agreements herein contained, Landlord and Tenant hereby agree and covenant to and with each other as follows: 1. Leased Premises; Term of Lease; etc. 1.1 Leased Premises. Landlord leases to Tenant, and Tenant rents from Landlord, the premises located at 7622 Novara Court (Verona Chalk Phase 2A, Lot 668), Naples, Florida 34114 the "Premises") to Tenant. 1.2 Original Term. This Lease shall commence on Mgy 1 sk 2008 and, unless sooner terminated pursuant to law or pursuant to any of the terms hereot shalt expire o 1 30 2Q09 (the "Lease 1.3 Renewal Term, Tenant shall have the right, exercisable as hereinafter provided, to extend the terns of this Lease for one successive period of one year (the "Renewal Terrn`� for lease agreed upon at that time. If Tenant desires to preserve the right to extend the Lease Term for a Renewal Terns, Tenant shall give Landlord a notice no later than 90 days before the end of the Lease Term. 1.4 Use of Premises. Tenant shall use the Prw)ises as a residence only, and for no other purpose. The Premises shall not be used to carry on any type of business or trade, unless Tenant has received the prior written consent of the Landlord. Tenant will comply with all laves, rules, ordinances, statutes and orders regarding the use of the Premises. 1.5 Inspection of Premises. Tenant or Tenant's agent has inspected the Premises, the fixtures, the grounds, building and improvements and acknowledges that the Premises are in good and acceptable condition and are habitable. If, in Tenant's opinion, the condition of the Premises has changed at any time during the Lease Term, Tenant shall promptly provide reasonable notice to Landlord. 1.6 Occupants of Premises. Tenant agrees that no snore than 3 ,persons Jason Schooley, Natasha Drummond and Jacob Schooley) may reside on the Premises, unless TM MI has received the prior written consent of the Landlord. 2. Rent Payments; Late Fees. 2.1 Rent. Tenant shall pay to Landlord during the Lease Term as rent for the Premises the amount of l� ,200.00 ("Rent') each month in advance on the 20th day of each Initials: Landlord Tenar►t HOUSE LEASE raor RAMCO FORM 300 pa-1-8 THIS LEASE, executed this �2 I4 kday of /v l u >r G wp ill consideration of the following covenants, agreements, limitations and conditions entered Into by the partiesDhereto for themselves, their heirs, successors, legal representatives and assigns hereinafter called Landlord, doth lease unto " J-4 a p n Se A C. c jer, 4 %UeL' fa Aq Ar a on i►rr 4 •� hereinafter jointly, severally and collectively called the tenant, the 633 inn ,Ala ecL'' Islet foci <v to be occupied only b� ` 415oA $CA00le l /V�c1 rSl►1f j%ru ►tim��r�!( JQ��^� Ghcrs/� d�ob�r`Ir Sc� unless written consent of landlord to occupy for 6tiler purposes is. first obtained, for the terms comlencing on the day of �, / 1" 2V,091, and ending on the day of /'/ �7 ►"G Rent of ) �� at the j fjq t rt �t :z Y SeC ik 1—PROVIDING ALWAYS, and the tenant hereby covenants as follows to pay the rent punctually in advance on the /5i—day of ch and every month during the said term to the Landlord, at �3 9 Al, 01 0 l y �l' trice, 2 /1 o ma ear a i If repairs to the, said premises, plumbing, fixtures, wiring, etc., when the damage was in any wise caused by the fault or negligence of the said tenant; will at the end of this Lease surrender and deliver tip said premises, without demand, in as good order and conditions as when entered upon, loss by fire, inevitable accident, ordi- nary wear and decay only excepted. 3—That in the event the premises are destroyed or so damaged by fire or other unavoidable casualty as to be unfit for occupancy or use, then the rent hereby reserved, or a fair and just proportion thereof, according to the nature and extent of the damage sustained, shall, until the said premises sliall have been rebuilt or reinstated, be suspended and cease to be payable, or this Lease shall, at the election of the landlord, thereby be terminated and ended, provided, however, that this agreement shall not be construed so as to extend the term of this Lease or to render the landlord liable to rebuild or replace the said premises. 4—To permit the landlord or his agent, at any reasonable time to enter said premises or any part thereof for the pur- pose of exhibiting the same or making repairs thereto. 5—To pay all charges for electricity, waste disposal, water and gas used on said premises; not to hold the landlord responsible for any delay in the installation of electricity, water, or gas, or meters therefor, or interruption in the use and services of such commodities. 6—Not to use the dernised premises, or any part thereof, or permit the same to be used for any illegal, unmoral or improper purposes; not to make, or permit to be made, any disturbance, noise or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the dernised premises. 7—The tenant acknowledges receipt of the articles enumerated on the reverse side or attached to this Lease and cov- enants and agrees to assume full responsibility for sarne and to replace all missing or damaged articles and to have all lin- ens used in the premises laundered prior to vacating. 8—IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO, that if default is rnade in the payment of rent as above set forth, or any part thereof, or if said tenant shall violate any of the dovenants and conditions of this Lease, then the tenant shall become a tenant at sufferance, and if any installment of rent shall remain unpaid for three (3) days after written notice of such non-payment, then the entire rental to the end of this Lease shall become at once due and payable; and in all proceedings under this Lease for the recovery of rent in arrears, whether said rent accrued before or after the expiration of this Lease, said tenant agrees to pay the landlord an attorney's fee of 15% of any amount so col- lected, together with all costs of such collection and in the event tenant is evicted by suit at law said tenant agrees to pay to said landlord all costs of such suit, including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements hereof shall be deemed or taken to be a waiver of any succeed- ing or other breach. RADON GAS NOTIFICATION (tire following notification may be required in sorne stales): Radon is a naturally occur- ring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to per- sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in build- ings. Additional information regarding radon and radon testing may be obtained frorn your county public health unit. AND IT IS FURTHER UNDERSTOOD AND AGREED that all covenants and agreement of this Lease shall be binding upon and apply to the heirs, personal representatives, and assigns of the respective parties hereto. ten. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above writ- Signed,y1d sealed in th presence of: or , 71u� �__�e' �'UL►�-- L M __ (Seal) �bxz`rt i �UXY� -- (Seal) AGJ_'46�_Ck J>- br U0t_/W__ ri�� --- (Seal) (Seal) 06 18 93 LIVING ROOM DINING ROOM KITCHEN .........................Table .........................Dinin Table g .........................Carpel Sweeper .........................Desk .........................Dining Chairs ...........................Shades` .........................Mirror .........................Buffet ....... ...... room B .........................Chairs .........................Rugs ..................... Oil "Mop` ....................Smoking Stand ......., .Wet Mop ....................Lamps .........................Pictures .... ........................Dust Pan .Settee .........................Grapes .......................... Ironing .Board ....Ash Trays Shades ........................Waste Baskets .........................End Tables .........................Scarves .........................Garbage Can ........................ • Rugs .........................Curtains ........................ .Water Bucket .........Drapes •""""""'•' ............... ..........Venetian Blinds ......................... Refrigerator ......................... Shades ............................................................ .........................Range .........................Waste Baskets ......................... Chair ......................... Pictures ............................................................ .........................Towel Rack .........................Vases ............................................................ Po. Canister Set .........................Table Scarves LINEN .........................Frying Pans .........................Curtains .........................Grater ....................Venetian Blinds .........................Sheets ......................... 6-Cup Muffin Pan ......................... ......................... Pillow Slips ••••••••••••••••••••••••• Roaster ............................................................ ......................... Towels ......................... Cake Pans ............................................................ .........................Bath Towels .........................Pie Pans ............................................................ .........................Table Cloths .........................Bread Pans BED ROOM • .. .........................Napkins ........Tea Pot 2 .........................Kitchen Towels ..................Coffee Pot ...................... Beds, Springs, Mattress ......................... Bath Mats ......................... Tea Kettle ...................... " Pads .........................Shower Curtains .........................Stew Kettle and Cover ...................... " Spreads ........................Sauce Pans ...................... Rugs Eggbeater ................. Lamps ...............................I.......................... .........................Fruit Squeezer .................. Tables ............................................................ ....Pancake Turner ....... .......... I Dresser DISHES ...Dish Pan ...................... Chest Boiler ...................... Vanity .........................Dinner Plates .... .......Double .'.... Mixi Bowl ...................... Blankets ......................... Broad and Butter Plates grip Pan ...................... Chair .............. ........Soup Plates ...........................Dipper ...................... Pillows .........................Pie Plates ................. ,Colander .................. Dresser Scarves .........................Cups .....,...................Flour Sifter ...... ..... I..... Shades Saucers ...:............;..,Sink Strainer ...................... Curtains .........:............ Ni ht Stands ....................:....Cereal Dishes .........Portalto Masher ............................................................ .........................Vegetable Disheta ............ ...Bread Box .. ....................... ;Bread Board ......I .................. Platters ..................... I... Rolling Pin SILVER .........................Sugar Bowl ......:....Can Opener ........... .............Knives .........................Cream Pitcher ............... :::......Large, Spoon! ....................Forks .........................Salt Shaker ..... :.:...Larga"Fork ....................Small Spoons .........................Pepper Shaker ••..• ••.•••.•Carving Knife .....Soup Spoons .....Water Glasses •••••• ••..•••••Paring Knife .........................Sugar Shell ........................Iced Tea Glasses ' ...........,....,..Bread knife .........................Salad Forks Water Pitcher ..,..................Bulbs ........................Butter Knives ......... .stool .........................Sugar Spoons ............................................................ Glass Dishes ..................................... I...................... ............................................................ ............... , ......Venetian Blinds ........................................................ ............................................................ x n ? W CD• U' ru r i3 �r C (D n, O O •o �. � CD � - S A 0 o 0 00 COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 May G, 2009 Hand Delivered Edwin Moreles 2313 N.E. 5Th Street Cape Coral, FL 33909 RE: Contesting Citation Dear, Edwin Moreles You have been added to the agenda for the Contractors' Licensing Board meeting on Wednesday, June 17, 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 there are any questions, please call (239) 252-2431. Sincerely, Joann Greenberg Customer Service Specialist Contractors' Licensing C 0 1 L i e Y C 0 ,. ry L y COLLIER COUNTYo 4758 BUILDING REVIEW & PERMITTING 2° 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(1), 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. 20� Month Day 12 F Year © Cime O AM M Issued To: 16C0-L41 //r M, ,- P 44 Address o2F/ 3 Alf 5Y A .5 f ree J-- Tel ehone No. State P� / , Zip, 33�6 F J I have been informed of the violation of which I have been charged and elect the following opt' n (Check one) 1) 1 choose to pay the penalties of $ 3 a ©d 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 r yCeh Date Violation Observed C0/7treZC7 -OI^ a) ❑ Falsely hold self or business organization out 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 Isci ked; t1Engage in the business or act in the capacity of a contractor or advertise self or ness 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 Statues; h) ❑ Commence or perform work for which a building permit is required pursuant to an 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 work or geographical scope of the registration, is not duly certified or registered. ZC� SIGNATURE (RECIPIENT) PRINT (RECIPIENT'S NAME) I NATURE (INVESTIGATOR) 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. V (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CONTRACTORS LICENSE DEPARTMENT Apr 23 09 08,27a Ron Palmer 239-775-5332 p.1 4/16/2008 To: Mr Michael Osssorio Collier County Contractor Licensing Supervisior From: Ron Palmer Stumps R Us Mr Ossorio, My name is Ron Palmer. I am the owner of Stumps R Us, a stump grinding business. I started this business in October of 2003. I have a business tax license from Collier County, and a occupational license from the City of Naples. I was told by the county at the time I started my business this was the only license I needed to open and operate my business. On 4114/09 I was approached at a job site by a Collier County contractor licensing employee, who told me I did not have a license and I had to stop working. I told him I have been licensed thru the county for five years. The County has taken away my means of making a living and paying my bills plus to bring me up to the new license requirments, will cost me five to six hundred dollars in slow times. This all leads up to this letter. I would like to request to be grandfathered in. I have been doing this for five years with the licence the county said I needed. I called my competion that is in the phone book, and they have the same licence as I do , and was told by the county that is all that is needed. If that request does not work for the county, I would like to request a restricted license for my stump grinding activities. I need to keep working while I incorperate, study for and take the business test, and recieve my new license. When I get to the job site the tree has already been removed, all I do is grind out the stump. I do not even carry a chain saw. To have a tree removal license, when I do not do any type of tree work just does not seem right. I appreciate your consideration. Thank You Ron Palmer 777-8867 Apr 23 09 02:03p Ron Palmer 239-775-5332 p.1 Hh'K-� S-cF�J 1.5' 4W k. nK-UYtt Rbb l . U -F I Lh Ut 49 *.1Z1 LKZr F. 02/01 AMOMM ALEX SINK At.t3r = S`D'T�CrPLOItsaA April 23, 2009 VLRMCATION OF AUTOMATIC XXIM E REQUIRESTATUS F ROM RNTS WORKERS' COMPENSATION This letter verities that am individual [fisted below is AUTOMATICALLY EXF.M)P'i' from Florida workers' compensation caavesage requemenft wid" the as" of the non -coast raetion bneiaesa or tree listed below A" is not required to obtain an tzemption issued by the Division of Worlcsrs Compeasatioa s order to achieve eltmpt statala. PSRSONI RONALD PALMER BUSU408 NAME: STUMPS R US ADDRESS: 133S OSPREYAV9 NAPLES, FL 34102 rxTEOFNON-CONMUC ION BLTS2CSS OR TRADE: CLASS CODE OF BUSINESS: 1Z1 This verification of automatic rzempt suns applies ONLY WkWn the scope of the non-construetmn bodness or trade Umd above, and applies ONLY to the "Tidaai listed above. Howeerr, N S AUMPS R US lmploys ourBabo y more fan or part-time em6ioyees, it must workers'_eomspe CK C001*2te. mtuber Ofcompany engaged in the non-coastrndion industry is considered an aaplorce K the member meet the definition at employee as defined in Sestina 440.02(i.SX4 Florida iStatuutm u a polity h in effect for the gstsited Asbfty company engaged in the non-eonst Vc6ion indway and the measber aomb tlrc ddb dbu Of employee as defined in Section 440.02(15)(z), Florida Statues, no paymU of sub member may be included in dteermllo ft the prem'inn for the policy. if STUMPS R US engages in a constnutiont-relded activity as defined in section 440,02(8), Florida Statutes, or is Rule 69L,6.021, Florida Admi nisu dive Code, the sulawatia wmmpt status for RONALD PALUM shall not VP1y, and S'TLWn R US must Damply with workers' compensation cavorage "Oremelft for the constrtwdon industry. If RONALD PALMER is a corporate offiicer as defined in Section 440.02(9), Fiarida Statutes, this Verification of Automanc Exempt Status favm Workers' Compensation Coverage Requirauents does not apply. In order to become exempt, KONALD PALMER is required to complete an exempdan application and submit the application of Workers' Compensation. If the Division of WorkeW ComperlsaticO determines that RONALD P eligibility nquirenmu for the issuance of an w=ption, the Division of Workers' to RONALD PALMER. . If you have any questions, please call (850) 413-1609. wmoa nFt11011NF�'S'coaweae►nait-�su Or tic aoo �4sr cis snamr. rye, aaroa sasuar• a,oxses uroas4rnaacaiw4 - aawc aapoarurrrr to the Division AZ.MFR meets the TOTAL P.01 May 27, 2009 Marisol Santos 2530 52"d Ave NE Naples, FL 34120 To: Collier County Contractors' Licensing Hoard Attn: Members of the board It has come to my attention that my application has been forwarded to you for your review due to my low credit score. This came as a surprise to me because; I employed an agency to repair my credit over four months ago. I have been in contact with them this mowing:, they have stated to me that it takes at least three months before I will see any improvement ;They have just begun repairing my credit this month. To my misfortune, my credit has not yet improved; I suspect it wilt significantly improve within the next six months. I sincerely apologize for this oversight and humbly ask that you consider my application for approval. 1 have aspired to be a business owner for most of my adult life - with the experience I have learned over the years (both business and trade), and if given the opportunity, I know I will succeed In this business. Thank you in advancefor your time and consideration. Respectfully Yours, Marisol Santos BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION war COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO APPLICATION FIRM - PART I Contractors' Licensing Board TAPE nkf Community Development & Environmental PICTURE Services Division OF 2800 N. Horseshoe Drive Naples, FL 34104 PHOTO N Telephone: (239) 252-2431 VIEW AI Fax: (239) 252-2469 A CLEAR & Instructions: This application must a typewritten or legible printed. The applicatior application. The fee is NOT refundable after the application has been accepted and checks should be made payable to the "Board of County Commissioners". For Collier County Ordinance No. 2006-46, as amended. 1. Name of Firm& W Y- Uf QJ ;5pex o l t sts Ly-1G D/B/A (if applicable) llww 2. Z5 JQ �J Z Y�v�i E & t 2 Les rf -12-(::;> Business Address (Number & Street) City State Zip Code 3. 26 --50 �% ,�`1�� JE P::C J5Ai 2. i> Business Mailing Address City State Zip Code Q� 4. Business Phone Number:- �- ((�% Z Mobile Phone Number:2� - Goo f - 2Z? .48 5. Fax Number: 2 9- ? - 21-7 —7 Federal Emp. ID#: 6. Legal form of Business: Corporation: �v LLC: -� 7. Name of the Firm's Qualifying Agent r No ( (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 (xj / Specialty $135.00 .L.-&-1"&S ( pecialty trade type) (B) Change of Status: $10.00 ( ) Active License to Dormant ( ) From Individual to ualifying a Business ( ) Dormant License to Active ( ) From Qualifying a Business to Individual ( ) Address Change ( ) To Qualify Additional Entity ( ) Reinstatement ( ) From One Business to Another I q� �l Page 1 of 5 The names, titles, home address and phone numbers of all Officers/Managing Members of the Firm. 01 t, l i Ga-r-ny p, P. 25-50 5 ,Z?-rrnc1 A/.e, /L!E tJaPLa-!!:-!> (.-- 34-1 20 Fi 1Zo C- - (ooc- 2-14 6 !+- -.353- 2-7-7-7 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. rr-Y) 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. AFFIDAVIT I, kuy-fsO) certify that the foregoing is true and correct to the best of my knowledge. Authorized dAcer of the Firm STATE OF FLORIDA COUNTY OF CQ II` •G,/ The foregoing instrument as acknowledged before me this 511 S-1 0h ` (Date) By /U��Y'l 9 `�wwd�5 of A! L�OY CA" , % \tom a (Name of officer, title/agent) (Name of Corpo ation) Corporation, on behalf of the corporation. He/She (State or Place of Corporation) has producedas identification and did not take an oath. SIGNATURE OF NOTARY ✓ / © vLt.4-- NOTARY PUBLIC NOTARY'S SEAL (PRINT NAME OF NOTARY) DIRK NOVAK NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD662742 MY COMMISSION EXPIRES APR. 12, 2011 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 e �,j(�j� ✓ e (Last) (First) (Middle) Date of Birth i! Ztp i3 S.S. # (Last 4 numbers only) Driver's License # 2. Home Address of the Qualifying Agent 2'�J��jO�i�`� 16�L Home Phone # 2 '7 - 5j,5- 2.'7-7 3. Name of the Firm_ At, [bOr- Care, at j 4; 4. TypeofCertificate of Competency for which application is made. 5. The names and telephone numbers of two persons who will know your whereabouts. 11s,� cQ2 C-fr�QQ _ g 6. Have you ever been convicted of a crime related to Contracting? 00 (If yes attach extra sheet with explanation) 7. Have you or any firms you have been associated with ever filed bankruptcy? ()J 8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why. 10 (-CVjtr- your business or work experience during the past ten years. Statement of any formal training yuu , lave had in ine area rur which the application is made. I A� , , _ was L�b�s�1 3 La*-j deoe- aT�� 9i C�( �1-4-U'1'hQ,r d,-Jr ad a, f wsa-fLj tk) a_rq a nd hpuua- 41 wo-" f-ts l oyc-,O-.t me-d PLO -rt. t-jr. 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. lip-ri so f Sam.-i-r=os APPLICANT (PLEASE PRINT) Arkx>, -r'cy-e,- spec-'cq is+s T-c�lc NAME OF COMPANY SIG TURE O APPLIC T STATE OF FLORIf�;A (� COUNTY OF C,� The foregoing instrument as acknowledged before me this I �� 0 (Date) by who has produced 1 ()L (Name of person acknowledging) (Type of identification) as identification and did not take an oath. SIGNATURE OF NOTARY C) -, I r IL- --/ NOTARY PUBLIC NOTARY'S SEAL (PRINT NAME OF NOTARY) DIRK NOVAK NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD662742 MY COMMISSION EXPIRES APR. 12, 2011 Page 4 of 5 STAFF USE ONLY: Name of Applicant ,? Trade: / +�� Q Score: v Take on Given in (%-,LZ a/TT, sponsored by . oce µyes 024�9, Business core:L(:5�: �� D" % Taken on 4.F J Given in ee eAt a— /7-S') , sponsored by 6 zz_s` .0", . 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. k jw S , �g, � SIGNATURE OF APPMCANT BUSINESS NAME DATE BEFORE ME this day personally appeared Atxv,±sy I SUyj-o5 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 FLORI A COUNTY OF 41� r The foregoing instrument was acknowledged before me this _ �'J ��' `A (Date) by Aa s'��,41 Sa►nkoS who has produced L-D L (name of person acknowledging) (Type of identification) as identification and who did not take an oath. DIRK NOVAK NOTARY PUBLIC - STATE OF FLORIDA IGNATURE OF NOTARY NOTARY SEAL COMMISSION # DD662742 MY COMMISSION EXPIRES APR.12, �01 OTARY PUBLIC Telephone: (239) Applicant's Certificate Category The Applicant is see the application for t being requested to p verify time of active of mechanic or bette described, but may c person verifying trai I VERIFICATION OF CONSTRUCTION EXPERIENCE Collier County Contractor Licensing C/O Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 -2431, (239) 403-2432 or (239) 213-2909 16o �rxr�d5ciapirNCA - z�f C., ing a Collier County Certificate of Competency in the trade indicated above. As part of Is certificate the Applicant must verify their experience within this trade. You are wide information that will aid the Applicant in meeting this requirement. You should xperience as an apprentice or a skilled worker (e.g. as a worker commanding the wage in the trade). Time served solely in a supervisory or administrative role should be may not be considered sufficient to demonstrate required trade experience. The experience must provide the following information: Name, Title and license umber of the person signing below and verifying Applicants relevant experience: Name: Title: Do-�� License Number (if applicable):�� Name of Business: f10xAA C— Business Address:301 14-" Ave hJ6 j 26 - 525, i Business Phone:- The Applicant's years of experience from to The applicant's scope f work (specific duties) included: /l✓laA �M1 1L co"-ry- cF GL(( e� -)d7- h - Additional Comments PI r" , . < Falsifying any State of Florida County of Collier The foreoin instrument by ` g` o as identificatibon and whta provided herein may subject yo& license Signature - Printed Name: E [ t� O �4cxs -T(. s acknowledged before me on this i Y day of , 2�1-7 w own to o producedL -ne iV NARY PUBLIC - STATE O 27LORIDA 42 COMMISSION # DD66 COMMISSION EXPIRES APR. 2. 201 Signature of Notary � a. ICATION OF CONSTRUCTION EXPERIENC 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: MQ-r 1501 OS Certificate Category Requested: Lo-Acl-5c -p1 t'l� 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 Applicantg relevant experience: Name: _ U Title: V v \� License Number (if applicable, Name of Business Business Address Business Phone ?%4 ��,T_The Applicant's years of experience from 2 ato a0Ut� The applicant's scope of work (specific duties) included: Additional Conunents: Falsifying any information provided herein may subject your licens t r voc i n. AoA4,L Signatke 0 Printed Name IV" State of Florida County of Collier The foregoing instrument was acknowledged before me on this ] s6 day of 4 by i1 l ek" who is personally known to me or produ ed F L, D i. as identification and who did not take an oath. V NOTARY DIRK SoTE OF FLORIDA Signature of Notary COMMISSION # DD662742 MY COMMISSIWE.XPtRES APR- 12, 2011 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: a-r (50I +C)n> Certificate Category Requested - The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate the Applicant must verify their experience within this trade. You are being requested to provide information that will aid the Applicant in meeting this requirement. You should verify time of active experience 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: Title Name of Business: B(A i 1-L-- L t, License Number (if applicable)-C(p 01 CO2— Business Address:K-� -2,)lI V I J t ' i K-C' U T'yJ/ Id Business Phont,29R )01-)t- Q10Q The Applicant's years of experience from The applicant's scope of work (specific duties) included: 1 1 r LPL 1 tcA1 — Ka,4-, Additional Comments: Falsifying any information provided herein may subject your State of Florida County of Collier L-� v Signature Printed Name:�� The foregoing instrument was knowledged before me on this �t day of U&q �• A � `7 by D y� A i �[ �wWA05 who is personally known to me or produc d as identification and who did not take an oath. , n DIRK NOVAK a NOTARY PU$t-IC STATE o 27�ORID Signature of Notary COMMI`'''ION tRE pPR.12, 2011 MY coN►MiSSION EX ME AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER am a resident of Cb County, @ &�- (State) and have resided here for more than five (5) years. During the last five years I have known _ CU'l ( Dg (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)�� 9 (Name's (Address) �0�00c�) die . ��:5 0 (Telephone) lu--� I =aDlo�2_ STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this S b i i' a i by (Date) "�>I bhh� -P se'wi-ds who has produced r�L�)L (name of person acknowledging) (Type of identification) as identification and who did not take an oath. EDIRK NOVAK NOTARYPUBLIC - STATE OF FLORIDA SIGNATURE OF NOTARY MMISSION # DD662742SSION EXPIRES APR.12, 2011 (PRINT NAME OF NOTARY) NOTARY PUBLIC NOTARY'S SEAL AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER am a resident of County, Ck (State) and have resided here for more than five (5) years. During the last five years I have known Gr-�So 1 k_ (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) S` (Address) SQV)\ j 44 �AJa S 1 (Telephone) 7 39 - -JD �4 (o STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 5511&5 0 by ,pp (Date) QSeVv',6.Y-i 00y' ko who has produced L, Dl— (name of person acknowledging) (Type of identification) as identification and who did not take an oath. DIRK NOVAK SIGNATURE OF NOTARY NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD662742 MY COMMISSION EXPIRES APR. 12, 2011 iy-� /✓ p (PRINT NAME OF NOTARY) NOTARY PUBLIC NOTARY'S SEAL Cengicam ofstatus I certify from the records of this office that ARBOR CARE SPECIALISTS, INC. is a corporation organized under the laws of the State of Florida, filed electronically on May 08, 2009, effective June 15, 2009. The document number of this corporation is P09000041445. I further certify that said corporation has paid all fees due this office through December 31, 2009, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 090512084635-100155695681#1 Given under my hand and the Great Seal of the State of Florida. at Tallahassee, the Capital, this the Twelfth day of May, 2009 Au r +. Vrawlltrn Ing rrman) of later C�.fdcory I certify the attached is a true and correct copy of the Articles of Incorporation of ARBOR CARE SPECIALISTS, INC., a Florida corporation, filed electronically on May 08, 2009 effective June 15, 2009, as shown by the records of this office. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. The document number of this corporation is P09000041445. Authentication Code: 090512094635-100155695681#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twelfth day of May, 2009 U II1'.l3tlllill !&rtrl`tlr1} of 466Ia Electronic Articles of Incorporatiojn For ARBOR CARE SPECIALISTS, INC. P09000041445 FILED Sec Of Scat jshivers The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: ARBOR CARE SPECIALISTS, INC. Article II The principal place of business address: 2530 52ND AVE NE NAPLES, FL. US 34120 The mailing address of the corporation is: 2530 52ND AVE NE NAPLES, FL. US 34120 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 100 Article V The name and Florida street address of the registered agent is: MARISOL I SANTOS 2530 52ND AVE NE NAPLES, FL. 34120 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: MARISOL SANTOS Article VI The name and address of the incorporator is: MARISOL SANTOS 2530 52ND AVE NE NAPLES, FL 34120 Incorporator Signature: MARISOL SANTOS Article VII The initial officer(s) and/or director(s) of the corporation is/are: Tide: P MARISOL I SANTOS 2530 52ND AVE NE NAPLES, FL. 34120 US Title: VP WILLIAM SANTOS 2530 52ND AVE NE NAPLES, FL. 34120 US Article VI1 The effective date for this corporation shall be: 06/15/2009 PO 0 41may 445 2009 Sec 0(f state ishivers °°'DEPARTMENT OF THE TREASURY .INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 ARBOR CARE SPECIALISTS INC o MARISOL SANTOS 2530 52ND AVE NE. NAPLES, FL 34120 Date of this notice: 05-08-2009 Employer Identification Number: 26-4834819 Form: SS-4 Number of this notice: CP 575 A For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 26-4834819. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120 03/15/2010 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-5 must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. t1 in Balance tl ,gufltling Your Business a ,Better Bou m Line iteco ed Credit �teport- Aue= 12268 Tamiiazni Trail E • Suite 301 - Naples, FL 34113.239-774-51flU The ivalormat W0 you rzgwsWd Is provided below_ `l'iie inform"n provided was gaffiaed by flmd party sources not afff wed with Th 8slance, lac. The ivformatkm prow ded has PA been mv"v&^e ifwd by la Balanm, Inc., w d therefore mspoostbility for its accuracy, completeness, and the mmmer va vvWch at was gathered rests ultimately with tlae third party sources Hounding TA Balance, lac.,s exercise of reasonable CM in selecting said tbird party sour _ Personal Credit Report Summary All informaiiOn contained below is accurate and true as of the in&cated search date Name of Individual: Mxisol Santos Social Security NumberAPM- Credit Score: 574 Search Date: May 8, 2009 Searches Rec ested: Liens, Judgments and Bankruptcies A. search of local, state, and Federal databases on. the above individual generated the Following results: LOCATION DATE I AMOUNT ALL SEARCHES FOR LIENS, JUDGMENTS AND BANKRUPTCIES PROVED NEGATIVE -0' in Balance -0' 12268 Tami ni Tamil E - Suite 301- Naples, FL 34113-239-774-5100 PAGE 1 ]DATE 5-0$-2009 TIME 15;00:28 V401 'TrLT *MARISOL RODRIGUEZ * 3050 SMITH RD NAPLES FL 341171181 RPTD= 5-01 TO 2-09 U IX J,AST SUB: 16547$0 *5579 29TH PLACE SWAPT # A APT A 34116 RPTD: 9-02 TO 8-07 'U 1X *2231 GOLDEN CRATE BLVD W MAPLES VL 341.201855 RPTD: 5-05 U 1Y SS: % RPTD: 7-04 I DOB: 01/26/73 Et ALBERTSONS RPTD: 3-99 I *MARISOL I GONZALEZ, MARISOL JIMENZZ, *GONZALEZ MARISOL --------------------- CREDIT REPORT SUMMARY---W_------------- ------ � CW 02/02/02/99 PUBLIC RECORDS ------ Ln� PAST DUE AMT---$35,031 INQUIRIES-3 SATIS ACCTS---2 1NST/OTH BAL--�--$35,1�37=C SCH/EST PAY --------- $0 INQ3/6 MO --- 0 NOW DEL/DRG--49 R ESTATE BAT. ------- N/A R ESTATE PAY ------- NIP, TRADiSLINE--52 WAS DZL/DRG---3- TOz' REV BAL--------- $0 TOT PEV AVAIL ------- 0% PAID ACCT--- 2 OLD TRADE-10-98 w, SCORE SUMMARY -------------------------------- EXP/FAIR ISAAC RISK SCORE, 2- 574 scoRR FACTORS: 38, 18, 20, 13 TRADES SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# x oB TYP TRM ECOA BALDATE BALANCE P3CMT LEV L MOS REV PYMT HISTORY .ACCOUNT 0 LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *UNITED ACCEPTANCE INC 9-03 $5,846-0 $3,926-C CHARGOFF 1654780 .15V AUT 23-W 1 4-30-09 $3,926 12-00 ( 5) LLLLL 5210401 4-04 $4,190 *UNIVERSITY OF PHOENIX 1-04 $1,370-0 $1,370-C CHARGOFF 8994981 EV UNS 1 1 4-12-09 $1,370 10-04 (55) IL-^LLLLLLLLLL 9001522563 $1,370 3-07/L LLLLLLLL--LL *,AR RESOURCES INC 12-05 $432-0 COLLACCT 6980619 YC COL 1 1 4-22-09-- $4---_-- 2706 (39) GGGGGGGGGGGGG 820280 $432 3-07/G GGGGGGGGGGGG ORIGINAL CREDITOR: ZCAL PAYMENT DATA � +++++ MORE BCLG DTS 1019899 �1A�R SOL 261714105;CA-2530 52ND AVENUE NE/34120; -t11 in Balance -tl' 12268 Tamiami Trail E - quite 301 - Naples, FL 34113 - 239-774-5100 PAGE 2 DATE 5-08-2009 TIME 15:00:28 V401 TFLT SUBSCRIBER OPEN AMT-TY111 SUB# KOB TYP TRM ECOA BALDATE BPJ.ANCE ,ACCOUNT # LAST PD MONTH PAY *AR. RESOURCES INC 9-05 $17B-0 6960619 YC COL 1 1 4-22-09 $1,78 747071 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA, *AR RESOURCES INC 9-05 $17$--0 6580619 YC COI. 1 1 4-22-09 $178 747070 ORIGINAL CREDIT09: MEDICAL PAYMENT DATA *AR RESOURCES INC 12-05 $432-0 6980619 YC COL 1 1 4-22-09 $432 830279 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *AR RESOURCES INC 2 -09 $74-0 6980619 YC COL 1 1 4-22-09 $74 2333348 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *NCO FIN/09 11.--07 $258--0 1987019 YC OOL 1 1 4-13--09 $258 18406408 ORIGINAL CREDITOR: DIREC['V *NCO FIN/99 9,2-04 $j1.8-O 6980069 YC COL 1 1 4-12-09 $118 655193264 ORIGINAL CREDITOR: BF-LL SOUTH TE%CO - SF *ASSET ACCEPTANCE LLC 2-05 $432-0 2612244 YZ FCO 1 1 4-09-09 $499 22451189 ORIGINAL CREDITOR: SPRINT PCS AMT--TYP2 ACCTCOND PYMT STATUS PYi4T LEVEL MOB Rpv PYMT HISTORY PAST DUE MAXIMUM BY MONTH COLLACCT 11-05 (42) GGGGGGGGGGGGG $178 3-07/G GGGGGGGGGGGG COLLACCT 11-05 (42) GGGGGGCGGGGGG $178 3a-07/G GGGGGGGGGGGG COLLACCT 2-06 (39) GGGGGGGGGGGGG $432 3-07/G GGGGGGGGGGGG COLLACCT 4-,09 ( 1) G $74 COLLACCT 5) CGGGG $258 COLLACCT 12-04 (53) GGGcGGG-GG-GG $111B 12.-04/G GGGGGGGGGGG- COLLACCT 4-05 (49) G-GGG-G-GGGGG $499 3-07/G GGGGGGGGGGGG *Y,ANSAS COUNSELORS 11-04 $157-0 COLLACCT 9901000 YA COL 1 1 3-31-09 $157 2-05 (50) GG-GGGGGG-GGG 1373133726224 $157 2-07/G GGGG-GGG-GG- OPJGINAL CREDITOR: MEDICAL PAYMENT DATA +++++ MORE BCLG DTS 2019899 SANTOS,MARISOL 261714105;CA-2530 52ND AVENUE NE/34120; #- in Balance -tl 12268 Tamiand Trail E - Suite 301 • Naples, FL 34113.239-774-5100 PAGE 3 DATE 5•-0$-2009 TIME 5.5:00:28 V401 T* LT OPEN AMT—TY151 AMT—TYP2 ACCTCONID PYNTT STATUS SUBSCRIBER KOB TYP TPM ECOA BALD TF- BALACESUB# pAY REV PPASTLDUEL PYMT ACCOUNT # LAST PD MONI MAXIMUMMOS BY MONTE *KANSAS COUNSELORS 11-04 $157-0 $157 2-05 COLLACCT GGGGGGGGG—GGG 9981000 YA COZ. 1 1 3-31-09 157 2—(50) 1373133726225 ORIGINAL CREDITOR: MEDICAL PAYMMNT DATA *KANSAS COUNSELORS 5-08 $275y-0 COJILACG2 9961000 YA COL 1 1 3-31-09 $275 ( 7) GG—GGGG 1373134684333 $9-08 275 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *rmwSAS COUNSELORS 6-05 $178--0 $178 9-05 (43) COLLACCT GG—GGGG---GGG 9981000 YA COL 1 1 3-31-09 $178 2-071G GGG--G --- GG— 1373133884694 ORIGINAL CREDITOR: MFAICAL PAYMENT DATA *XANSAS COUNSELORS 5-08 $432-0 COLLACCT 9961000 YA COL 1 1 3-31-09 $432 9-08 ( 7) CG—GGGG 1373134685014 $432 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA. *KANSAS COUNSELORS 9-05 S2'75-0 COLLACCT 9981000 YA COS, 1 1 3-31-09 $275 1.2-05 (40) GG-^GGGG---GGG 1373133936823 $275 2-07/G GGG--G --- GG— ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *KANSAS COUNSELORS 12-05 $275-0 COLLACCT 9981000 YA COL 1 1 3-31-09 $275 3-06 (37) GG—GGGG --- GGG 137313399IB59 $275 2-07/G GGG--G---GG— ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *KANSAS COUNSELORS 8-04 $69-0 COLLACCT 9981000 YA COL 1 1 3-31-09 $69 11-04 (53) GG—GGGG---GGG 1373133665730 $69 2-071G GGG--G --- GG— ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *KANSAS COUNSELORS 5-07 $275.-0 COLLACCT 9981000 YA COT, 1 1, 3-31-09 $275 9-07 (19) GG—GG6G--~GGG 1373134395389 $275 GGG--G ORIGINAL CREDITOR: MEDICAL PAYMENT DATA +++++ MORE SCLG DTS 1019899 SANTOS,mARISOL 261714105sCA-2530 52ND AVENUE NE/34120; In Balance ILI 12268 Tamiami Trail E • Suite 301 - Napless laT.. 341.13 - 239-774-5100 PAGE 4 'DATE 5-08-2009 TIME 15:0028 V'401 TELT 4UBSCRIBER OPEN AMT-TYP1 ,AMT-TYP2 ACCTCOND PYMT STATUS SUB## KOB TYP TAM ECOA BALLD,ATE BALANCE PYMT LEVEL MOS 'REV PYMT HISTORY ACCOUNT 0 LAST RD MONTH PAY PAST DUE MAXIMUM BY MONTH *KANSAS COUNSELORS 5-07 $27.5-0 COLLACCT 9981000 YA. COL 1 1 3-31-09 $275 9-07 (19) GG-GGGG --- GGG 1373134395390 $275 GGG--G ORIGINAL CREDITOR: MEDICAL PAYMENT DATA. *KANSAS COUNSELORS 10-04 $244-0 COLLACCT 9981000 YA COI, 1 1 3-31-09 $244 2--05 (50) GG-GGCrG---GGG 1373133702536 $244 2-07/G GGG--G---GG- ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *KANSAS COVNSELORS 11-04 $157-0 COLLACCT 9981000 YA COL 1 1 3-31-09 $157 2-05 (50) GG-GGGG^----GGG 1373133703158 $157 2-07/G GGG--G---GG^ ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *KANSAS COUNSELORS 11-04 $157-0 COLLACCT 9981000 YA COL 1 1 3-31-09 $157 2-05 (50) GG-GGGGGG-GGG 1373133726223 $157 2-07/0 GGGG-GGG-GG- ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *I C SYSTEM INC 4-08 $221-0 QOLIACCT 2980024 YC COL 1 1 3-09-09 $221 5-08 (11) G-GGGGGGGGG 16157887001 $221 ORIGINAL CREDITOR: E T I FINANCIAL CORPORATION *PROFESSIONAL ADJMNT CO 12-08 $95--0 COLLACCT 1902445 YC COL 1 1 3-03-09 $95 3-09 { 1) G 923358 $95 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *NATIONAL RECOVERY AGEN 1-09 $121-0 CoLtACCT 6980009 YC COL 1 1 2-27-09 $121 2-09 ( 1) G 8445522 $121, ORIGINAL CREDITOR., CAPITAL MANAGEMENT VENTURES *NATIONWIDE RECOVERY BE 11-08 $373-0 COLLACCT 1983623 XC COL UNK 1 2-19-09 $373 2-09 ( 1) G 340628,5100010000 ORIGINAL CREDITOR: MEDICAL PA.YKWT DATA +++++ MORE BCLG DTS 1019899 SANTOS,MARISOL 261714105:CA-2530 52ND AVENUE NE/34120; ,# inBalance 12268 Tamiand Trail E • Suite 301- Naples, FL 34113 - 239-774-5100 PAGE 5 DATE 5-08-2009 TIME 15:00:28 V401 TFLT• SUBSCRIBER OPEN AMT-TYP1 AMT-TYP2 ACCTCOND PyMT STATUS SUB# KO$ TYP TRN ECOA BALD&TE BAJ-NCE PYMT LEVEL MOS REV PYMT HI$`PORY ACCOUNT # LAST PD MONTH PAY PAST DUE MMIMUM BY MONTH *PROFESSIONAL ADJMNT CO 3-06 $90-0 CotLACCT 1982445 YC COL 1 1 2-10-09 $90 6-08 ( 9) GG-----G-G 831216 ORIGINAL CREDITOR: XEDTCAJ, PAYMENT DATA o.PRoZ2SSIOKAL ADJMNT CO 3-08 $135-0 COLLACCT 1982445 YC COL 1 1 2-18-09 $135 ( 9) G6----�G-G $31217 6-08 135 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *PROFESSIONAL .ADaMT CO 3-07 $13U-0 COLLACCT 1982445 YC COL 1 1 2-•18-09 $130 7-07 (20) GG--__Gc -G-- $130 - -- 725292 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA. *PROFESSIONAL ADJMNT CO 6-05 $70-0 COLLACCT 1982445 YC COL 1 1 2-18-09 $70 11-05 (40) GG-----G--- 1 - GGG 555226 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *PROFESSIONAL ADJMiYT CO 11-05 $320-0 COLLACCT 1982445 YC COL 1 1. 2-1.8-09 $320 2-06 (57 ) GG,----G--- 0-- 1- GGGG 577454 ORIGINAL CREDITOR: MEDICAL PAYNEN'T DATA *PROFESSIONAL ADJMNT CO 11-^06 $360-0 COLLACCT 1982445 YC COL 1 1 2-18-09 $360 2-07 (25) GG--GG--GG-- $360 --T-- GG 683586 ORIGINAL CREDITOR! MEDICAL PAYMENT DATA. *PROFESSIONAL ADJMNT CO 12-06 $360-0 COLLACCT 1982445 YC COL 1 1 2-18-09 $360 3-07 (24) GG---- G_--G-- $360 ------G-GGG 694114 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *NCO FIN/55 12-08 $2,057-0 COLLACCT 9980005 YC COL 1 1 2-11-09 $2,057 2-09 ( 1) G 24969732 $2,057 ORIGINAL CREDITOR: MEDICAL P,AYDIM 'DATA +++++ MORE BCLG DTS 1019899 SANTOS,MARISOL 2617141051CA-2530 52ND AVENUE NE/34120; -Pr in Balance -# 12268 Tamiami Trail E • Suite 301 • Naples, FL 34113.239-774-5100 PAGE 6 DATE 5-08-2009 TIME 15:00:28 V401 TFLT SUBSCRIBER OPEN AMT-TYF1 APB`-TYP2 ACCTCOND PYM'T STATUS StB## KOB TYP TR14 EGOA BALDATE BALANCE PYMT LEVEL MOS RFV PYMT IIISTORY ACCOUNT ## LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *AUDIT SYSTEMS INC 12-08 $1,038-0 CoLLACCT 1985153 YC COL 1 1 12-06-08 $1,038 12-08 ( 1) G 11194996 $1,Q38 ORIGINAL CREDITOR: LEE COUNTY Ej,ECTRZC `,MSCD INC 3-08 $2,736-0 COLLACCT 1972205 ZB COL 1 1 9-13-08 $2,736 9-08 ( 1) G 12130660005915658 $2,736 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *NCO FIN/27 9-07 $448-0 COLLACCT 1986263 YC COL 1 1 9-13-08 $448 10-07 (12) GGGGGGGGGGGG 8132415 $448 ORIGINAL CREDITOR: BANK OF AMERICA N.A. *MSCB INC 6-07 $5,528-0 COLLACCT 1972205 ZB COL 1 1 12-29-07 $5,528 12-07 ! 1) G 4280660005187760 $5,528 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *MSCD INC 12-06 $7,942-0 COLLACCT 1912205 ZB COL 1 1 6-25-07 $7,942 6-07 ( 1) G 10110560004713661 $7,942 ORI(;I.NAL CREDITOR: MEDICAL PAYMENT DATA *FLORIDA, FIRST FINANC,IA 3-07 $490-0 COLLACCT 1982560 YC COL 1 1 5-31-07 $490 5-07 { 1} G 6752202548 $490 ORIGINAL CREDITOR: ATHLETIC CLUB OF NAPLES *CREDIT COLL/USA 3-07 $243-0 COLLACCT 1980030 YC COL 1 1 5--06-07 $243 5-07 ( 1) G 213458201 $243 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *GULF COAST COLLECTION 1-06 $179-0 COLLACCT 2981005 YC COL 1 1 3-03-07 $179 4-06 (:L2) GGGGGGGGGGGG 2001946 $179 ORIGINAL CREDITOR: 14EDICAL PAYMENT DATA +++++ MORE 5CLG DTS 1019899 SANTOS,MARISOL 261714105;CA-2530 52ND AVENUE NE134120; # in isaiance -# 12268 Twr�ami Trail E • Suite 301 • Naples, FL 34113 - 239-774-5100 PAGE 7 DATE 5-08-,2009 TIME 15:00:28 V401 TFLT SUBSCRIBER OERt AMT-TYPI AX.T-TYP2 ACCTCOND P'YMT STATUS SUB# KOB TY-P TRM ECOA BALDATE BALANCE PYMT LEVEL MO.S REV PYMT HISTORY ACCOUNT # LAST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *MSCB INC 6-06 $1,161-0 COLI.ACCT 1972205 ZB COL 1 1 1.-16-07 $1,161 1-07 f G 509056000431261E $1,161 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *MSCB INC 1-05 $126-0 COLLACCT 1972205 ZB COI, 1 1 1-16--07 $116 1-07 () G 10260360003413270 $116 ORIGINAL, CREDITOR: MEDICAL PAYMENT DATA, *MSCB INC 5-05 $$9-,0 COLLACCT 1972205 ZB COL 1 1 1-16-07 $89 11-05 (15) G-•----------- 9290360003595009 $89 -G ORIGINAL CREDITOR: MEDIC.AL PAYMENT nNTA *MSCB INC 5-05 $143-0 COLLACCT 1972205 ZB COL 1 1 1-16-07 0143 11-05 (15) G------------ 1100460003594708 $143 -G ORIGINAAZ CREDITOR: MEDICAL PAYMENT DATA *MSCB INC 9-05 $178--0 COLLACCT 1972205 ZB COL 1 1 1-16-07 $178 3-06 (11) G--------- G 6100460003801165 $178 ORIGINAL CREDITOR: MEDICAL PAYMENT T)A-TA *LAMONT HANLEY & ASSOC 2-06 $123-0 COLLACCT 1980757 YC COL 1 1 6-16-06 $123 6-06 { 1) G 2178735 $123 ORIGINAL CREDITOR: SECURITY NATIONAL INSURANCE *FIRST PREMIER BANK 10-95 $250-L $391--H TRANSFER CURB ACCT 1210189 BC CRC REV 1 4-04-01 4-01 (30) B 461007180035 ww ACCOUNT CLOSED AT CONSUMER'S REQUEST ** w* PURCHASED BY ANOTHER. FENDER ** *PLAINS COMMERCE BANK 12-04 $250-L $188-C PAID CHARGOFF 1232$20 BC CRC REV 1 6-20-06 6-06 (19) L4321CCC21CCC 431732007102 6-05 000000 ** ACCOUNT CLOSED AT CREDIT GRANTOR'S REQUEST ** ..... MORE BCLG DTS 1019899 SANT03,MARISOL 261714105;CA-2530 52ND AVENUE NE/34120i -0� in Balance V1 12268 Tam iami Tmil E - Suite 301. - Naples, FL 34113.239-774-5100 PAGE 8 DATE 5-08-2009 TIME 15:00t28 V401 TFLT SUBSCRIBER OPEN AMT-TYP1 AM'T-TYP2 ACCTCONIi PYMT STATUS SUB# YOB TYP TRM ECOA, BALDATE BALANCE PYMT LEVEL MOS REV PYMT HISTORY ACCOUNT # I T PD MONTH PAY PAST OUE MAXIMUM BY MONTH HSBC/`SAX 1.2-04 $575-0 OPEN CURR ACCT 2576866 FP UNS 1-P 1 3-17-07 40 3-07 (24) OCCGCCCCCCC.CC 604001 1-05 UNK CCCCCCCCCCC ______ M ----- INQUIRIES --- -----_--------�-^------ - --- ------ FIDELITY INFO CORP 5-07-08 3952272 ZT RgN HSBC/TAX 1--17-08 4119790 BB CAP ONE 9-06-07 1214383 BC OP ID HB AGORA ARBCERTIFICATE OF LIABILITY INSURANCE ID HB DATE (MMIDDIYYI'Y) 05/13/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dawson of Florida; Cape Coral ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida, LLC dba PO Box 100099 MAY `1 .3 2- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cape Coral FL 33910 Phone : 2 39 -542 -1533 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: southain Ownex's Insuxence co. 1019 0 INSURER B: INSURER C: 5�;'SIalas,V#y� INSURER D: 2530 52nd Ave HE Naples FL 34120 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAV D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO ANY REQUIREMENT. TERM OR CONDITI Y CONTRACT OR ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE DED BY THE POLICIES DESC IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LI SHOWN MAY HAVE BEEN REDUCED Y PAID CLAIMS. LTRINN NS PE OF INSURANCE OLICY NUMBER DATE (MM/DDA`Y) DATE (MMIDDIYY) LIMITS ERAL LIABILITY EACH OCCURRENCE $ 1 , 0 00 , 0 OO A X COMMERCIALGENERAL LIABILITY 051309GL 05/13/09 05/13/10 PREMISESS(a rence) $ 300,000 CLAIMS MADE a OCC MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGA IT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 PRO POL LOC JECT A OMOBILE LIABILITY ANY AUTO BND051309OL 05/13/09 05/13/10 COMBINED SINGLE LIMIT (Ea accident) $ 1 O00 O0O BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS CERTIFICATE HOLDER ,/ CANCELLATION COLLII3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Contractors DATE THEREOF, THE ISSUING INSURER WLLL ENDEAVOR TO MAIL 10 DAYS WRITTEN Licensing Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Developutent Services Center 2800 Horseshoe Drive N IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Naples rL 34104 REPRESENTATIVES. AUTH I WUZEDREPRESE TVE AcoRD ZO (ZUU11Ut5l ® ACORD CORPORATION 1988 NOTICE OF ELECTION TO BE EXEMPT Please thoroughly read the instructions before completing this application. Print legibly in each data entry Feld. If this application contains incomplete or inaccurate information or if the handwriting is not legible, it may cause a delay in the issuance of your exemption. 1-1 SECTION 1: Applicant Name (please print): WiQ--rl 50 1 Sc.r'1-{ p Applicant's social security number: _ Applicant's E-mail address (optional): OL4' I0C>,e- (A (2d hc)4 ,j�- SECTION 2: I am applying for exemption as a (You must check only one box in this section): CONSTRUCTION INDUSTRY ($50 FEE REQUIRED) - The Division will accept a money order or a cashier's check made payable to the DFS WC ADMINISTRATION TRUST FUND. Officer of a Corporation (Title): �I('��I-r1'�' -OR- ❑ Member of a Limited Liability Company (LLC) NON -CONSTRUCTION INDUSTRY (NO FEE REQUIRED) ❑ Officer of a Corporation (Title): ) 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 are a member must be registered and in an active status with the Florida Division of Corporations. Applicants applying as an officer of a corporation must be listed as an officer of the Corporation with the Florida Division of Corporations. List the document number (document number shown on your Annual Report) on file with the Florida Division of Corporations. SECTION 4. This exemption application applies only to the person signing the application, the Corporation/LLC that is listed below, and the scope of business or trade listed: Name of Corporation or LLC: Abor ca (e, Sae, 0 FEIN:22(p " t9 AS REGISTERED WITH FLORIDA DIVISION OF CO RATIONS Business Name: Phone: �1)-12� —I IF APPLICABLE - LIST FICTITIOUS NAME; DOING BUSINESS AS (DBA); ALSO KNOWN AS NAME (AKA) Applicant's Address of Record: 5 ' Ay,L Me INCLUDE APARTMENT OR SUITE NUMBER City: _ State: Pi Zip: j Z.-j Coun �}': �a Scope of Business or Trade: 1. Lal'L'� ' t nO 2.1.,ee 5pr✓1 0 3. 4. SECTION 5. List all certified or registered licenses issued pursuant to Chapter 489, F.S. held by the applicant, or the certified 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 submitted an electronic payment for this application, write the transaction confirmation number in the following space: SECTION 7. Are you affiliated with any corporation (including LLC) other than the corporation (including LLC) to which this application applies? ❑Yes RI No IF YES, PLEASE LIST THE NAME(s) AND FEIN(s) OF THE AFFILIATED CORPORATION(s) OR LLC(s): NAME: FEIN: SECTION S. 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 MAY BE ESTABLISHED BY PRODUCTION OF DOCUMENTATION REFLECTING THE REQUIRED OWNERSHIP, OR BY SUBMITTING A STATEMENT ATTESTING TO THE REQUIRED OWNERSHIP. THIS APPLICATION IS CONTINUED ON PAGE 2 DWC 250, NOTICE OF ELECTION TO BE EXEMPT— REVISED 12/08; RULE 69L-6.009, F.A.C. SECTION 9. NOTICE OF ELECTION TO BE EXEMPT — Page 2 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 below, I attest that I have read, understand and acknowledge the foregoing notice. SUNATURE OF APPLICANT SECTION 10. You must identify the workers' compensation insurance carrier that covers any non-exempt employees of your business. Carrier Name: AFFIDAVIT OF APPLICANT: I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief, that this election does not exceed exemption limits for corporate officers, including any affiliated corporations as provided in §440.02 Florida Statutes. 51 10t;� APPLICANT's SIGI&TURE I DATE SIGNED NOTARY STATE OF FLORIDA, COUNTY OF U I I ► 4 >r DIRK NOVAK Sworn to and subscribed before me this day of JAI 6 l , -Aa-It '1 G Personally Knowr O Produc Identification Type of Identifcation P'rooa, uce NOTARY SIGNATURE Ti V My Commission Expires t c9 Please mail or submit your completed application, application fee, and any required attachments to The Division of Workers' Compensation at the district office nearest your place of business 2295 Victoria Avenue, Suite 163 921 North Davis Street 401 NW 2^d Avenue Ft. Myers, FL 33901 Building B, Suite #250 Suite #321, South Tower Telephone (239) 461-4006 Jacksonville, FL 32209 Miami FL 33128 Telephone (904) 798-5806 Telephone (305) 536-0306 610 E. Burgess Road Pensacola, FL 32504-6320 400 West Robinson Street TALLAHASSEE SUBMITTERS Telephone (850) 453-7804 Room #512, North Tower Orlando FL 32801 Walk-in submissions: 3111 S. Dixie Highway, Suite # 123 Telephone (407) 835-4406 or 2012 Capital Circle SE West Palm Beach FL 33405 (407) 245-0896 Suite #102, Hartman Bldg. Telephone (561) 837-5716 Tallahassee FL 32399-2161 1313 N. Tampa Street, Suite # 503 499 Northwest 70t^ Ave., Suite # 116 Telephone (850) 413-1609 Tampa FL 33602 Plantation FL 33317 Telephone (954) 321-2906 Mail in submissions Telephone (813) 221-6506 200 East Gaines Street Live Oak Business Center Tallahassee FL 32399-4228 1111 NE 251h Ave., Suite # 403 5969 Cattlemen Lane Telephone (850) 4131609 Ocala FL 34470 Sarasota FL 34232 Telephone (352) 401-5350 Telephone (941) 329-1120 "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 state or federal law." STATEUSE`„ONLY Effective/Issue Date: Expiration Date: Control Number: Postmark Date: Payment Number: Received Date: DWC 250, NOTICE OF ELECTION TO BE EXEMPT— REVISED 12108; RULE 69L-6.009, F.A.C. NOTICE OF ELECTION TO BE EXEMPT Please thoroughly read the instructions before completing this application. Print legibly in each data entry field. If this application contains incomplete or inaccurate information or if the handwriting is not legible, it may cause a delay in the issuance of your exemption. SECTION 1: j Applicant Name (please print): K1 t l ry'1} Applicant's social security number: Applicant's E-mail address (optional): `�SQeGdt'c 1 f Sfi �'lv�rr�s r . Gorr SECTION 2: I am applying for exemption as a (You must check only one box in this section): CONSTRUCTION INDUSTRY ($50 FEE REQUIRED) - The Division will accept a money order or a cashier's check made payable to the DFS WC ADMINISTRATION TRUST FUND. Officer of a Corporation (Title): V tc:, - _en, id e.') 7 " -OR- ❑ Member of a Limited Liability Company (LLC) NON -CONSTRUCTION INDUSTRY (NO FEE REQUIRED) ❑ Officer of a Corporation (Title): ) 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 are a member must be registered and in an active status with the Florida Division of Corporations. Applicants applying as an officer of a corporation must be listed as an officer of the Corporation with the Florida Division of Corporations. List the document number (document number shown on your Annual Report) on file with the Florida Division of Corporations. SECTION 4. This exemption application applies only to the person signing the application, the Corporation/LLC that is listed below, and the scope of business or trade listed: r Name of Corporation or LLC: C-0.te.- 40- t,m�-5 , FEIN: AS REGISTERED WITH THE FLORIDA DIVISION OF co"oRAnbNS Business Name: Phone: - 11'77— IF APPLICABLE -LIST FICTITIOUS NAME; DOING BUSINESS AS (DBA); ALSO KNOWN AS NAME (AKA) Applicant's Address of Record: 2630 E52 rid INCLUDE APARTMENT OR SUITE NUMBER City: LLaf L@..5 State: -Zip: -�2-0 County: Co i.Q,/ Scope of Business or Trade: 1. jgnd ' )tq 2. - {�/IGQ _ 3. 4. SECTION 5. List all certified or registered licenses issued pursuant to Chapter 489, F.S. held by the applicant, or the certified 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 submitted an electronic payment for this application, write the transaction confirmation number in the following space: SECTION 7. Are you affiliated with any corporation (including LLC) other than the corporation (including LLC) to which this application applies? ❑Yes`[] No IF YES, PLEASE LIST THE 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 SUBMITTING A STATEMENT ATTESTING TO THE REQUIRED OWNERSHIP. THIS APPLICATION IS CONTINUED ON PAGE 2 DWC 250, NOTICE OF ELECTION TO BE EXEMPT — REVISED 12/08; RULE 69L-6.009, F.A.C. 1-1 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 below, I attest that I hav read, understand and acknowledge the foregoing notice. SIGNATURE OF APPLICANT SECTION 10. You must identify the workers' compensation insurance carrier that covers any non-exempt employees of your business. Carrier Name: AFFIDAVIT OF APPLICANT: I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief, that this election does not exceed exemption limits for corporate officers, including any affiliated corporat/e ns as provided in §440.0 lorid Statutes. APPLICANT'S SIGNATURE DATE SIGNED NOTARY STATE OF FLORIDA, COUNTY OF e-'O ['� t ✓ Sworn to and subscribed before me this<6 day ofp p Personally Known OR Produced Identification Type of Identificatio NOTARY SIGNATURE �.. a My Commiss: Please mail or submit your completed application, application fee, and any required attachments to The Division of Workers' Compensation at the district office nearest your place of business. 2295 Victoria Avenue, Suite 163 921 North Davis Street 401 NW 2nd Avenue Ft. Myers, FL 33901 Building B, Suite #250 Suite #321, South Tower Telephone (239) 461-4006 Jacksonville, FL 32209 Miami FL 33128 610 E. Burgess Road Telephone (904) 798-5806 Telephone (305) 536-0306 Pensacola, FL 32504-6320 Telephone (850) 453-7804 400 West Robinson Street TALLAHASSEE SUBMITTERS Room #512, North Tower 3111 S. Dixie Highway, Suite # 123 Orlando FL 32801 Walk-in submissions: West Palm Beach FL 33405 Telephone (407) 835-4406 or 2012 Capital Circle SE Telephone (561) 837-5716 (407) 245-0896 Suite #102, Hartman Bldg. Tallahassee FL 32399-2161 1313 N. Tampa Street, Suite # 503 499 Northwest 701h Ave., Suite # 116 Telephone (850) 413-1609 Tampa FL 33602 Plantation FL 33317 Telephone (813) 221-6506 Telephone (954) 321-2906 Mail in submissions: 1111 NE 251h Ave., Suite # 403 Live Oak Business Center 200 East Gaines StreetTallahassee FL 32399-4228 Ocala FL 34470 5969 Cattlemen Lane Sarasota FL 34232 Telephone (850) 413-1609 Telephone (352) 401-5350 Telephone (941) 329-1120 "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 state or federal law." 4 GOG627�4% STATE USE ONLY + as Effective/Issue Date: Expiration Date: Control Number: Postmark Date: Payment Number: Received Date: DWC 250, NOTICE OF ELECTION TO BE EXEMPT — REVISED 12/08; RULE 69L-6.009, F.A.C. COP—LIER COUNTY GOVERNMENT ZONING & LAND DEVELOPMENT REVIEW WVVW.COLLIERGOV.NET/ZONING 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PHONE: (239) 403-2400 EXT. 5603 J'DV� FAX (239) 530-6286 LAND USE AND ZONING CERTIFICATE,' HOME OCCUPATION Please take the time to fill out this form as completely as possible. Remember that only someone actually living at the address given below may engage in the home occupation described. Customers, or employees not living at this add ress are prohibited from traveling to and from the residence if visits are related to this home occupation. The applicant is the person in whose name the occupational license will be issued, and the applicant's signature must appear on this form. Verification as property owner or lessee in the form of a Valid Florida's Driver License or Florida Identification Card and/or copy of valid lease agreement is required. APPLICATION DATE 0+2� 11<>c2i ZONING CERTIFICATE APPLICANT'S PHONE APPLICANT'S NAME "QX I--,C7I 'Scv)-�05 APPLICANT'S HOME ADDRESS 2-0,550 5Z r4/vge, 1NQxE-'-, b)QjA9,-- R, 54(2-0 TYPE OF BUSINESS TO BE CONDUCTED ►%�/1l�SC�tQ�riq-j-rtC BUSINESS NAME (IF ANY) Q i II'sts 1, the undersigned, hereby affirm that I am the legal owner of the property at the above address or that I have the legal right to conduct the business described above at this address by virtue of my leasehold interest in this property, and that i have read, understood, and agree to abide by the provisions of LDC Section 5.02.00 "Home Occupations" (see back of application). APPLICANT SIGNATURE DATE FEE: $50.00 CHEL KS PAYABLE TO: "BOARD OF COUNTY COMMISSIONERS" - TO BE COMPLETED BY COUNTY STAFF ZONING: PROPERTY ID # DATE REVIEWED BY APPROVED HOLD DENIED COMMENTS/RESTRICTIONS: Must comply with Section 5.02.00 of the LDC (see back of application). �T COLLIER COUNTY BUSINESS TAX RECEIPT voF Fo APPLICATION P 4 2800 N. Horseshoe Drive, Naples, FL 34104 . FLORIO� Make Check Payable to: Collier Count Tax Collector Phone: 239-252-2477 Fax: 239-643-4788 Website: www.colliertax.com wE CHECKLIST Copy of Articles of Incorporation and/or Fictitious letter Yellow Fire Compliance (list of fire district phone number from the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org Copy of Marco Zoning Certificate. (239-389-5000) Copy of State license from Department of Business and Professional (850-487-1395) or Department of Health. Completed Zoning application with appropriate fee made payable (850-410-3359) to: Board of County Commissioners. Copy of City Business Tax Receipt. (239-213-1800) Completed Business Tax Receipt application with appropriate fee made payable to: Collier County Tax Collector. (239-252-2477) Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture. (800-435-7352) Other: Copy of Health inspection from Department of Hotels and Please contact the Property Appraiser's office at 239-252-8145 Restaurants (850-487-1395) or Department of Agriculture. regarding tangible tax. (800-435-7352) CHECK ONE: Date: Original Application Classification _ Transfer of License # Code Number - - Renewal of License # License Amount 1) CORPORATE NAME - f ✓ ��- 1 a) DBA NAME - lb) BUSINESS OWft@%FOR QUALIFIER'S NAME - MQr I Sb I So 10-+ c) 5 2) PHYSICAL ADDRESS - 5:50 5� 2 AA1,P NIF LQ,-5 Fi_ 84c 12 (No P.O. Box allowed) `, 2a) IS RESIDENCE USED AS AN OFFICE - v Yes No 3) BUSINESS MAILING ADDRESS - 25ao c: _ 10d &?z L& / Lob-S_ er 34-12-O F—I Street City Zip 4) QUALIFIER'S RESIDENTIAL ADDRESS -� �Z.�� /-,� tz5`F 5) TELEPHONE - Business: 2✓ ' :5D!A- 11"1 Z Home: 23i- =J55 ^ Z77 7 6) LEGAL FORM OF BUSINESS: Sole Proprietorship PartnershipNy Corporation LLC _ LLP 7) OPENING DATE OF BUSINESS OR DATE ASSUMED- 8) OFFICE WITHIN CITY LIMITS OF NAPLES - —Yes v No If Yes, City License No. 9) SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO. 40 - —T V 1 *see back of application for explanation 9a) TYPE OF BUSINESS CONDUCTED: �-e� 10) NUMBER OF EMPLOYEES - Including of number of owner . 2 11) 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 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARFA TRUE TO THE BEST OF MY KNOWLEDGE. WxxxAPPLICANT'S SIGNATURE: DATE: 512elcn (Owner and/or representative of business) TITLE: �-( �'2Si dam_,• ��-- ****THIS LICENSE IS NON-REFUNDABLE FOR BUSINESS STATED ABOVE**** Ronald M. Burns This letter is to confirm that I am applying for a license to own and operate a business in Collier County, Florida I became a resident of Collier County after moving from Delaware in 2001. I am a collision repair facility graduate of Pennco Tech in Blackwood, New Jersey and have been gainfully employed in the collision repair and restoration industry in Delaware and Florida Compelled by current economic circumstances, I began thinking of self employment. An interest I developed through care and maintenance of my family's pool and spa was spurred by repeated disappoinbnat in past services. It was a top priority to properly maintain the pool and spa to keep the water safe and healthy. I found it necessary and was able to maintain it through self education. As I continued working, I began to earnestly pursue this interest with the possibility of owning a pool and spa maintenance business. I enrolled in classes and recently became certified and registered by the National Swimming Pool Foundation as a Certified Pool/Spa Operator. Since earnestly pursuing this interest I have voluntarily been of assistance to several pool owners, some of whom were dissatisfied with their current service and affected by hurricane Wilma Included are before and after pictures of the most recent pool I voluntarily serviced that was in extremely poor condition I have also included pictures of my family's pool in various stages to give you an idea of maintenance requirements. I would like very much to have the opportunity of self employment in a business of which I am very interested I believe proper care and maintenance is paramount to keeping a pool and spa safe and healthy. It is my hope to further my education in care and maintenance so that I may save as a contractor assisting with pool and spa problems that owners may encounter. Based on my qualifications, I would exercise my best judgment and ability to service and provide excellent care and maintenance to pool and spa owners of Collier County, Florida I would like to take this opportunity to thank you for your consideration Very truly yours, Ronald M Burns -y x! r-. r . - -- S� " F r' � �. .. Sawa .� `� . V': t • .,x E a M moo 17 •��'�v ott tiq+ {t ro \ \ uL A Y { v� z �y�� } hA:•� wv \ ti. COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive a Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 May 11, 2009 Dear; Ronald Burns. The Contractor's Licensing Office has reviewed your application, and has referred your Certificate of Competency as a Contractor to the Collier County Contractors Licensing Board. The reason for this referral is that it appears verification experience is lacking and incomplete for the purpose of obtaining a Certificate of Competency as a Swimming Pool Cleaning Contractor. If you have any questions concerning this referral, please contact the Contractor Licensing Office at (239)252-2432 or (239)252-2431 Q Michael Licensing Supervisor DATE: L5-- lP CHECK LISTS FOR LICENSE APPLICATION NEED DONE/ 19t Part of Application Grade Scores Experience Letters Notarized Corporation Papers and/or Resolution f / J Fictitious Name Credit report on Individual �i Credit report on Firm Insurance for General Liability Insurance for Workmen's Comp/or Exemption Form State Registration # Federal Tax ID # Competency fee amount Picture fee amount Laminating fee amount (if in person to sign license) Planning fee amount �j Occupational License fee amount/and form Co er County COLLIER COUNTY/CITY 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) 252-2469 Instructions: This application must e�;ty 'Written or le ble print application. The fee is NOT refund ' r th pp ' ,ip i h checks should be made payable o., nm�Co Collier County Ordinance No. , as a & I t1 1. Name of Firm Pl.--,'� D/B/A (if applicable 2. f `�oJ9 ZVCI�> -1 Business Address (Number & APPLICATION FIRM — PART I i,aawners . rui iui a eiii II unnaaon, co Suit State Zip Code 3. 1 2-1 C 11V V' � C b/t Business Mailing Address CitV State 4. Business Phone Number:_ � � q ; D 6' Mobile Phone Number: Zip Code 5. Fax Number: J -- 3 3% _. g 2 zl q Federal Emp. ID#: 3 J- 2` 5`7g 0 6. Legal form of Business: Corporation: LLC: 7. Name of the Firm's Qualifying Agents 1.1 (License Holder) INDICATE NATURE OF REQUEST — (A) To Qualifv as a: ( ) General $150.00 ( ) Electrician $150.00 ( ) Building $150.00 ( ) Plumber $150.00 ( ) Residential $150.00 ( ) Air Conditioning $150 ( ) Mechanical $150.00 ( ) Roofing 0.00 ( ) Swimming Pool $150,00 Specialty $135.00 �J (B) Chanae of Status: $10.00 (/ -c ( ecialty trade type) ( ) Active License to Dormant ( ) From Individual to Qualifying a Business ( ) Dormant License to Active ( ) From Qualifying a Business to Individual ( ) Address Change ( ) To Qualify Additional Entity ( ) Reinstatement ( ) From One Business to Another .f � � q 5-3 S. Page 1 of 5 9. The names, titles, home address and phone numbers of all Officers/Managing Members of the Firm. di r4qE' 1 2 dg- qc1- 2 I 6' 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. SJ7 _Jr,. / r / _ AFFIDAVIT certify that the foregoing is true and correct to the best of my knowledge. e Authorized Officer of the Firm' STATE OF FLORIDA COUNTY OF The foregoing instrument as acknowledged before me this JIn —of�C%1i' u�l5 �z�F icf�a�laa (Name of officer, title/agent) (Name of Corporation) Z, -/.. / .,.err ®/ "`f ✓ Corporation, on behalf of the corpo� e%�e (State or Place of Corps ation) 10 has produced �'i'C . NOTARY'S SEAL (pRI as ioentiticatipq eAd did not R. William Powell, Jr. 17, 2010 JG CO., INC. Page 2 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. APPLICANT (PLEASE PRINT) LU- NAME OF COMPANY TORE OF APPLIZXW STATE OF FLORIDA COUNTY OFrt,r- The foregoing instrument as acknowledged before me this _ (Dateo by�,,,�%� roc who has produced (Name of person acknowledging) (Type of.'den ' ication as identification and did not take an oath. Z', •` ruD)d( -5'1M OFF rrownA William Powell, Jr. Commission #DD600 BO 010 NOTARY'S SEAL (PRINT NAME *I)MC. Page 4 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 I. Name of Qualifying Agent_ f,,, r-,� S�,�1� (Last) (First) (Middle) Date of Birth_ c ' 2 C! - 3 S.S. # # �� --`�� -'?� .. �� . � 2. Home Address of the Qualifying Agent t / Home Phone # 2,� 3. Name of the Firm �triin� �, , j 71a S 6 R 4. Type of of Competency for which application is made. I 5. T anyd telephone n,.umbersof two persons who will know your whereabouts. j- r 6. Have you ever been convicted of a crime related to Contracting? O (If yes attach extra sheet with explanation) ,� > 7. Have you or any firms you have been associated with ever filed bankruptcy? ! � _ 6 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. I; M 17 Q �- z� rS2/f VTor�mlTal ij10. Statement of atraining you have had in the area for which the application is made. C�2a�c�i- N -L✓L F'-C.� l ( � � " 5 >^^, � ✓�y( r a,ro; v �+y�e ? k \,� a -. �,c. �e't.�.�.' �Ic,-i: l��'v n��r.Sr i�^ lY�o �r.;it �r��•^C,4 4.i-t. G.f;��•'Lw�S /d' t / IGi-WL 1�Ld i.-C :✓%'{l'/y (. (��Q v' fad f U o �."h-G ' ' '-(: i�,.-CJ S 4-0 6 }�" �j 7•(/l.^, 3 Ji.tJ tY"1.i. ✓.., rn.G. .-- !/�/�jyt YVt 4.�i '.. L' ✓1Tr vC�✓' ��G t�.g z.-v �, •r�,,1/G�'1 Z'ts l-v i�?7�`/i�L'L-iJ fr^,�E�i.Yilrti r ll'Jt IlJ I 1I �: i�CJ" � •.n.�Tl'1 1i: riRi•S J�L.�U.�.�' j, Page 3 of 5 STAFF USE ONLY: k " q, L d A, x r n S l Name of Applicant Trade: �1 A Score: Take on Given in , sponsored by Business & Law Score: • d %a Taken on Q i Given in r sponsored by /,o 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"AMLICANT BUSINESS NAME 6 —:S.-" %a DATE BEFORE ME this day personally appeared Znal/��' T��..c 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 CDlli: The foregoing instrument was acknowledged before me this by Z:o � 7 who has produced (name of person acknowledging) as identification and who did not take an oath. identifi S, A NOTARY SEAL _ iam we , it NQ#DD60pb01 • NOiZ 17, 2010 BONDED THRUATLMnC BONDING CO., INC. Ell .... . RIFICATION OF CONSTRUCTION EXPERIEN( 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 .7) Applicant's Name:yy��jrJ� ,[ �ti•r, Certificate Category Requested: (Ji)� 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: Title: Name of Business: Business Address: License Number (if applicable): Business Phone: The Applicant's years of experience from to The applicant's scope of work (specific duties) included: Additional Comments: rais►rying any information provided herein may subject your license to revocation. Signature Printed Name: State of Florida County of Collier The foregoing instrument was acknowledged before me on this day of by who is personally known to me or produced identification and who did not take an oath. Signature of Notary z S� u 4 'ichie remew 1 0 %ZorvM. Bcuewd- aS an C1101"' Registration No, 34-249380 , is hereby Certified and Registered by the NATIONAL SWIMMING POOL FOUNDATION Oil 3 12 WO 9 DA11 (INFIVILD Scott W. For& INSTRUCTOP V, Za-clw,& C.-LU VERIFICATION OF CONSTRUCTION EXPERIENCE Vonier Lounty 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: Certificate Category Requested: The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate the Applicant must verify their experience within this trade. You are being requested to provide information that will aid the Applicant in meeting this requirement. You should verify time of active experience 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:— Title: — Name of Business License Number (if applicable): Business Phone: The Applicant's years of experience from to The applicant's scope of work (specific duties) incl Additional Comments: r aisnying any information provided herein may subject your license to revocation. State of Florida County of Collier Signature Printed Name: The foregoing instrument was acknowledged before me on this day of by who is personally known to me or produced as identification and who did not take an oath. Signature of Notary VERIFICATION OF CONSTRUCTION EXPERIEN 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: Certificate Category Requested: The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate the Applicant must verify their experience within this trade. You are being requested to provide information that will aid the Applicant in meeting this requirement. You should verify time of active experience 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: Title: Name of Bus Business License Number (if applicable): Business Phone: The Applicant's years of experience from. The applicant's scope of work (specific duties) included: Additional Comments: raisiryuig any information provided herein may subject your license to revocation. Signature Printed Name: State of Florida County of Collier The foregoing instrument was acknowledged before me on this day of by who is personally known to me or produced as identification and who did not take an oath. Signature of Notary AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, � ,� I L , am a resident of r 8 `j,C County,(State) and have resided here for more than five (5) years. During the last five years I have known r�` ,� �� (Applicant). I 'av had the opportunity to observe his or her business and personal dealings and find hi or er to be rs' n of honesty, integrity and good character. (Signa e) a (Name) (Address) SG czk ��'A Cq AA. 5 jr �z�'P�. L-/j � a - (Telephone) Z5-3 —AA ! aa2 STATE OF FLORIDA COUNTY OF IVt The foregoing instrume t was acknowledged before me this Zoe by (Dat ) who has produced A 0 \ ( e of person acknowledging) ( e of identificatio as identification and who did not take an oath. - r 61UNATURE-OF"NOTA-RY NOTARY PUBLIC -STATE OF FLORIDA R William Powell, Jr. (PR,II s•OWNG. 1 )NOO„ EAiC, NOTARY'S SEAL AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, ( �, d , am a resident of�s�3 C �� County, ('al 6 tate) and have resided here for more than five (5) years. During the last five years I have known �/S r; I �J/ rnS (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 STATE OF FLORIDA COUNTY OF (Name)-�-�' 1•l� !".�� (Address)"1_�fv/'1 (Telephone) or /"l�-t G Megoing insjtrru..ment was acknowledged before j a a 1 who has produced (name of person acknowledging) as identification and who did not take an oath. NOTARY PUBLIC NOTARY'S SEAL www.sunbiz.org - Department of State Page I of I Home Contact Us E-Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liability Company PRISTINE POOLS OF SOUTHWEST FLORIDA, LLC Filinq Information Document Number L09000012308 FEI/EIN Number NONE Date Filed 02/05/2009 State FL Status ACTIVE Principal Address 18019 BROADVIEW DRIVE NAPLES FL 34114 Mailing Address 18019 BROADVIEW DRIVE NAPLES FL 34114 Registered Agent Name & Address BURNS, RONALD M 18019 BROADVIEW DRIVE NAPLES FL 34114 Manager/Member Detail Name & Address Title MGR BURNS, RONALD M 18019 BROADVIEW DRIVE NAPLES FL 34114 Annual Reports No Annual Reports Filed Document Images 02/05/2009 Flor a Limited Liability View image in PDF format Note: This is not official record. See documents if question or confl Previous on List Next on List Return To List No Events No Name History i Home i Contact us i Document Searches i E-Filing Services i Forms IHell) Copyright and Privacv Policies Copyright © 2007 State of Florida, Department of State. Forms Help 'Entity Name Search _ _........ Submit Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number—L0900001230... - 5/6/2009 L1 Urvartmerit of Otair I certify from the records of this office that PRISTINE POOLS OF SOUTHWEST FLORIDA, LLC, is a limited liability company organized under the laws of the _ State of Florida, filed on February 5, 2009. The document number of this company is L09000012308. I further certify that said company has paid all fees due this office through December 31, 2009, and its status is active. CR2EO22 (01-07) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Sixth day of February, 2009 i �Ilrt ri 9-. T�raivrt ��+rcre#m-tr of �#tlte RESOLUTION OF AUTHORIZATON WHEREAS r/ t�/l v im, I c' b �tiv—,' IIV.JZ QLI ,proposes to �("Ny pe of Business F�ntity) engage in contracting as Lr`m �L ✓ _ 01rili c r.. S/ in (Type of legal entity: cop., partn rshi , etc. Collier County, Florida, according to Collier County Ordinance 2006-46, as amended; and WHEREAS F_ i bpi r, , r,(s c 9.u4� u.asrq E( (..(,( proposes to (Name of BuI-Iess Ent' ) qualify for a Certificate of Competency with s (Name of Individual) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: We the undersigned f� ;,nrtl j'tj�l�,nt of /� _ (Officers, Owners, Partners) / r�CS %ril 7�'0 �(r c c r6Vrt {� 'L j;4hereby resolve and represent to the Collier County (Name of Business Entity) Contractors' Licensing Board that the qualifying agent, c.,,��G J%� [�ji, rn C , is active (Name of Ind' idual in all matters connected with the contracting business of . u,l" &L1'7�t,fi K� LiC, and r� (Nam of Business Entity) We further resolve and represent that JS cn��1j%jt�r,�,s is (Names of Individual) legally empowered to act for �1-1,, e t= 0, LU-in all matters connected with its (Name of Business Entity) contracting business, and has the authority to supervise construction undertaken by n ) :�SiiYLt� ��ola' � Su�,GtYI'L./.t�-�, }'L �•! �, (Name of Business Entity) DULY PASSED AND ADOPTED THIS day of , Witness Witness Witness 1 Swom to and subscribed before me this day of 266 Notary Public Name Printed Commission Number My Commission expires: (Officers, Partners, Owners — with Designation underneath) & 1-71s OL,--t7.Gr- Corporate Seal (if Applicable) Or Notary Public Certificate R, William Powell, Jr �)Qrldssion #DD600601 EVires: NOV 17, 2010 DIRU MAM BONDING CO., INC. From: Ronald Burns To : Collier County Contractors' Licensing Board Date: April 30`b 2009 I, Ronald Burns would like to state for the record that I am a law-abiding and upstanding citizen. It is my hope that I will not be judged by my current credit report which has been adversely affected through no fault of my own. I am 35 years of age and have made a conscious effort to never damage my credit. I am a former owner/operator of a collision repair facility for approximately six years before moving to Florida. In the past my credit score was 750 which is very good. I purchased a home in excess of 300,000 with a down payment of 100,000. After purchasing the home, borrowing against it to refinance for necessary repairs that were not disclosed during inspection, and for credit cards, my score dropped to 638. I was told this was due to numerous inquires. Shortly after purchasing the home, I became ill and required major surgery. I had tried to acquire medical insurance many times, but due to a pre-existing condition it was to no avail and medical expenses were paid out of pocket. During a considerable amount of time I remained out of work, and even though I am considered a talented technician, I lost employment and at a very bad time when the economy was on a downward spiral and auto body shops were laying of employees and not hiring. Without an income, I regret not being able to meet my obligations. With foreclosure of my home imminent, I don't want to lose my home and personal investment. I am beginning a new career, a business which I believe will be successful and allow me to save my home and change my life for the better. It will start out as a small business with the hope of becoming very successful. With the help of a business contact that has arranged to keep me very busy, the likelihood of keeping my home has great potential I hope you will understand my situation and can appreciate what I am trying to do. Very truly yours, Ronald M. Burns 04/30/2009 16:36 23S277325E MERIT CREDIT PAGE 01/04 Papal ] of 4 ?repared BY: 9erit Credit. (239) 277-3202 (800) 371-3348 TPANSUNION CREDIT REPORT (FOR] [SUB NAME] [MK't SUB] (INFILE) [DATE] [TIMEl (1) Z NP3343169 MERIT CREDIT 16 NP 4/92 04/30/09 15:28CS [SUBJECT] ( 8/73 [CURRENT ADDRESS) [DATE RFTD] 18019 BROADVIEW DR., NAPLES FL. 34114 5/01 (FORMER ADDRESS? 181 S. BAHAMA AV'., FARCO ISLAND FL. 34145 7/06 316 E. ROOSEVELT AV.r NEW CASTLE DE. 19720 r— +— — M 0 D E LP R0 F I L EA** A L E R T**" ***FICO CLASSIC 04 ALERT: SCORE +503 : SERIOUS DELINQUENCY, AND PUBLIC ***RECORD OR COLLECTION FILED; TIME SINCE DELINQUENCY IS TOO RECENT OR ***UNKNOWN; PROFORTION OF BALANCES TO CREDIT LIMITS IS TOO HIGH ON BANK ***REVOLVING OR OTHER REVOLVING ACCOUNTSF LENGTH OF TIME SINCE DEROGATORY ***PUBLIC RECORD OR COLLECTION IS TOO SHORT *,&* IN ADDITION TO THE FACTORS -LISTED ABOVE, THE NUMBER OF IN(2UIRIES 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 *** T O T A L F I L E H I S T O R Y PR-0 COL-2 NEG-2 HSTNEG=1-5 TRD=16 RVL=10 INST-5 MTG-1 OPN=0 INQ=11 .HIGH CRED CRED LIM BALANCE PAST DUE M.NTHLY PAY AVAILFsBLE REVOLVING: $8431 $11.2K $3524 $0 $93 69% MORTGAGE: $21CK $ $215K $21.6K $2406 TOTALS: $21eK $11.2K $218K $21.6K $2499 ---------------------------------------------------------------------------- C O L L E C T I O N S SURNAME SUBCODE ECOA OPENED CLOSED $PLACED CREDITOR MOP ACCOUNT# VERIFIED BALANCE REMARKS CONSERVE Y 308BOD2 I 11/05 $385 MEDICAL 09E 1130205 4/09A $543 PLACED FOR COLLECTIO NCO FIN/33 y IEDM.015 I 11/08 $23."/K MEDICAL 09B 16774802 1/09A $23.7K PLACED FOR COLLECTIO ----------------------------------------------------------------------------- T R A. D E S SURNAME SUBCOOZ OPENED HIGHCRED TERMS MMDELQ PAYPAT 1-12 MOP ACCOUNT# VERFIED CREDLIM PASTDUE AMT—MOP PAYPAT 13-24 ECOA COLLATRL/LOANTYPE CLSD/PD BALANCE REMARKS NO 30/60/90 5TH 3RD BK B 9302020 11106 $39.3K C09 86386 1/09A $40.OK $0 I HOME EQUITY LOAN 1/09F $0 CLOSD BY CRDT GRANTOR FIFTH THIRD B 9925002 6/06 $210K M2906 11109 211111 M05 902421986 3l09A I CHASE B 26QK001 11/05 426684107267 4/09A CREDIT CARD 5/3 BAu.K CC B 21AVOS1 1/08 $550 HIN 11111111111�1 01 5467 4/09A $ 111 I CREDIT CARD $370 CLOSD BY CRDT GRANTOR 15 ! 0 uttr . lh,ninv rrp,+tgvrtP.ttl.wm/fa1con $21.6K $9�347 05 11111111 11 $2 �K FORECLOSURE INITIATED 33 1/ "1/ 3 $2773 11J,111111 R01 $2500 $p 111111111111 $2400 90 Of 0! 0 04/30/2009 16:36 2392773256 MERIT CREDIT 5/3 BANK CC B 21A` 061 6/06 $0 11111111i111 It.01 4/09A $1000 $0 111111.111111 I CREDIT CARD $0 ciOSD BY CRDT GRANTOR 33 0/ 0/ 0 -,RD/CSSD B Z6H3005 4/08 $1024 114IN10 11111111111 R01 4/ 09A $3000 $0 I CHARGE ACCOUNT $210 11 0/ 0/ 0 HSBC BANX H 7991139 12/07 $684 111111111111 R01 3/09A $700 $0 11 I CREDIT CARD $544 14 0/ 0/ 0 3EARS/CBSD B 6256952 4/97 $0 111111111111 Rol 7/08n. $5700 $0 111111111111 I CREDIT "'APD 5/03C SD CLOSD BY CRDT GRANTOR 48 0/ 0/ 0 CHRYSLR FIN F 62.4CI39 10/03 V18_BK 72M X11111111111 101 1010686579 8/07A $0 111111111111 I AUTOMOBILE 9/07C $0 CLOSED 47 0/ C/ 0 LA-Z-BOY FRN N 21001145 6/05 $3400 1.11111111111 Rol 23081.4 6/06A $3500 $0 I ""EDIT CARD 6/06P $0 i2 0/ 0/ 0 NWCAST CTY N Q 671v001 5102 $10.3K 49M229 111111111111 I01 529100022SS 2/06A $0 111111111111 I 2/06C $0 CLOSED 38 0/ 0/ 0 BK OF AMER B 6331205 7/03 $4675 61M102 111111i11111 101 4/05A $0 111111111 I RECREATIONAL MEzC 4/05, $0 CLOSED 21 0/ 0/ 0 AMER GEN FIN F 654W1 Lv 10/02 $3391 36M94 X1111111i1 101 7/03A $0 I SECURED 7/03C $0 CLOSED 10 D/ 0/ 0 CAP 021E a 1DTVC:01 4/02 $86 1111 R01 8l02A SO I CREDIT CARD 8/02C $0 ACCT CLSD BY CONSUMER 4 0/ 0/ 0 WSFS B 328QQ14 1/00 $22$2 11111 R01 741017004528 8/01A 0000 $0 I CREDIT CARL7 2/01C $0 CLOSD BY CRDT GRANTOR 5 0/ 0/ 0 PROVD MD EV-v-, H 389EO18 5196 $20.5K 4BM500 101 9702436600001 9/99A $0 I SECURED 9/99C $0 CLOSED ------------------------------------------------------------------------------- I N Q U I R I E S DATE ,UBCOUE SUBWAME DATE SUBCODE SURNAME 4/30/09 ZNP3343169(F1d) MERIT CREDIT : 3/12/09 YPE8680597(IDID) RAB 10/28/08 BCI1290314(DAYi FIFTHTHIRDBK :10/24/08 BCI1290314(ma) FIPTRTHIRDHY. 7/28/08 BCI1290314(DAY) FIFTHTHIRCBh 5/01/08 SWL0007272(W%L) 5RCLYSBANKDE 4/01/08 zr,06311748(CAL) FAG 3/12/08 ZC80001208(CNM) FDC 2/22/08 ZFAi031008(WASi ACRANET-243 :11/27/07 ZCI0001124(DAY) CSC CRDT SVC 9/10/07 20R.8430988(FLA) CBA - -' rREDIT REF0'RT SERVICE D BY TRANSUNIOi4 $00-883-4213 2 'DALDWIN PLACE F.O. BOX 1000,CHESTERc PA. 190Z2 Consumex diSC105ure5 can be obtained online through TransUnion at: Yittp: /lwww. tranauxiion- corn 1 +.. ,1/,immr �i pAiteuctr?m rnm/falcon PAGE 02/04 Pa -al 2 of 4 04/30/2009 16:36 23927732--56 MERIT CREDIT PAGE 03/04 Pall 3 of 4 CREDITOR CONTACT INFORMATION CONSERVE YC308B002 (800) 724-7500 200 CROSS KE'lS OFF FAIRPOiRT NY, 14450 NCO FIN/73 YCIEDMU25 (800) 444-1107 POE 13564 PHILADELPHIA P.A. 19101 5TH 3RD BK B19302020 (600) 972-3030 38 FOUNTAIN SQ PL CINCINNATI OH. 45202 FIFTH THIRD 5M992S002 (51.3) 358-4801 38 FOUNTAIN SQUARE CINCINNATI Ott. 45263 C141tgE SC26QKOOI (800) 945-2006 BANK OVE CARD SERV WESTERVILLE OH, 43081 5/3 BAND c(- BC21AV061 (800) 972-3030 38 FOUNTAIN SQUARE CINCINNATI OR, 45263 THD/CBSD BZ26H3005 PO BOX 6497 SIOUX FALLS SD. 57117 ri9BC BANK BC7991189 (800) 477-6000 PO 80X 5253 CAROL STREAM IL. 60197 SEARS/ CBSD BC62.56458 701 EAST 60TH ST N SIOUX FALLS SD. 571.17 CHRYSLR FIN FA624CI39 P.O. Box 9223 FARMING70N HIL MI. 48333 LA-Z-BOY FRN HF21GJ145 (800) 892-4746 P.O. BOX 94498 IAS VEGAS NV_ 89193 NWCAST CTY N Q0671SO01 (302) 366-7872 2701 CAPITOL TRAIL NEWARK DE. 19711 Bic OF AMER BI6331205 (800) 215-6195 F'19-600-C2-15 JACKSONVILLE FL. 32256 PliER. GEN FIN FP654N2ME (941) 418-1400 4329 CLEVELAND AVE FORT MYERS FL. 33901 CAP ONE BCIDTV001 (800) 955-7070 POB 3 MI SALT LAKE CITY UT, 84130 WSFS BC318QO14 838 N MARKET ST WILMINGTON DE, 19899 PROVD MD BAC B0389EO18 (410) 281-7000 7210 AMBASSADOR RD BALTIMORE MD, 21207 R.AS Y 8680597 (901) 382-0250 700-1? rOODLETT FARM MEMPHIS TN. 38016 FIFTHTRIRDBK B 1290314 (513) 358-2138 5001 KINGSLEY DRIV CINCINNATI CH. 45263 BRCLYSBANKDE B 0007272 1007 ORANGE ST, WILMINGTON DE. 19801 FAC Z 6311748 (800) 637-2422 IZ395 FIRST _�MERIC POWAY CA. 92064 FDC Z 0001208 (910) 663-5700 5200 HAHNS PEAK DR LOVELAND CO. 80538 ACFANET-243 Z 1031008 (800) 845-7435 521 N MAXWELL SPOKANE WA, 99203 CSC CRDT SVC Z 0001124 (800) 753-1325 205 W FOURTH 3TREE CINCINNATI OH. 45202 CBA Z 8430988 (800) 698-2514 4 EXECUTIVE CAMPUS CHERRY HILL NJ. OB002 END OF TRAN5UNION REPORT MERIT CREDIT HAS RETRIEVED THE ABOVE PERSONAL CREDIT REPORT FOR LICENSING PURPOSES A8 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. f�rwa,tcvapm.mm/falcon 04/20/2009 16:.36 2392773258 MERIT CREDIT PAGE 04/04 Pa 4of4 PUBLIC RECORDS LEAiiNED SOURCES OF INFGRI'MTION; CREDIT 04TA SER I� tS, INC/EXPERIAN IRS LIEN SECTION COUNTY COUT'aHOUSE RECORDS Ir YOU HAVE ANY QUESTIONS REGARDING THIS REPORTt ?EASE CONTACT KR'IT CREDIT AT: 1-800-371-3348 OR (239) 277-3202. httT)s://w-ovvv.creditsYstem.com/falcon '-06-2009 WED 10,46 AEI ALLSTATE FAX No. 239 594 8795 P-001 kCORD'r' CERTIFICATE OF LIABILITY INSURANCE [Are fim" W PRODUCER Phone: (239) 694-9587 - Fax: (239) 694-8700 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY The Est ing Agency Inc D CONFERS NO RIGHTS UPON THU CERTIFICATE HOLDER. THIS 840111th Ave N CERTIFICATE ' DOES NOT AMEND, EXTEND OR ALTER THE Suite 6 COVERAGE AFFORDED BYIHE POLICIES BELOW. Naples, FL 34108-1803 Prepared by: Patricia Bastanl INSURERS AFFORDING CGVERAGg NAIC � INSURED JINSURER A. Cypress Property& Casualty Insurance Pristine Pools of SW FL LLC Com an 18019 Broadview Drive INSURER B: Neptee, FL 34114 INSURER C: INSURER D: COVERAGES THE POLICIES OF P48URANOE LISTED BELOW HAVE BEE14 ISSUED TO TH6 INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRWENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORMp BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. E WsJoNs AND RoNDRIONS OF SUCH POLICIES. AGGREGJAYE LIMITS SHOWN MAY HAVE bImN REDUCED BY PAID CLAIMS. INSR LTR ADWL INSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD^ POLICY EXPIRATION DATE MWDDIYY LIMITS A OROULUARD" GFL-1005962 05106/2009 06/06/2010 EACHOCCURMCE 3104.000 JI coMMIIRCIAtdCNI RAl UADILm DAA3T AIMED3,00,00RAIMSUAbE DR6Mi6a (Ea mumce) Sao m (Aw ono parso") U.000 GENL AGGRE=UTAITAPPUESPM' PERSONAL&ADV INJURY $100.000 X POI.IOY �T LOO OENERALAGGIRROATE 3imm PRODUM-COMPIOP AGO EI00,D00 AUTOMOBILE LIABILITY COM9INKO GINGLS LIMIT IEa 500e0Q 3 BDDLLYINJURY tear P-0) S BODLLY UIURY IParaagdanq 3 PROPSRIY DAMAGE 1e« snarMe 3 GARAGE LIABILITY AUTO ONLY .EA ACCIOENT 4 7MER rKA TYONL, GAACO 3 JAGG S EXCESSIUMBRELLA LU161LITY EACHOCOURENCE S AWARGATS $ a a WORKERgOOMPENSATIONANPiMPOYERIV LIABILITY ANY PROPRIt?TOR l i'ARTNER / E:(ECUTNE l OFFICER I MEMBER EXCLUDED? 9ya9, dsealba under sFECIAL PROVISJOrfS below WC T Y- UMirB T eR I:.L.EACH ACCIDENT I E.L DISEASE - VA EMPLOYER S LEA- D1811ASE.POLICY UMrr 3 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE AaavA DESCRIBED POLk186 off CANCIILLQD tiIIPORE 7HE E PJRATION DATE THEREOF, THE ISaUINO INSURER WILL eNDEAVOR TO MAIL 80 Collier County Contractors )doenelng Board Y8 WRITTEN NOTICE TO THE OE HOLDER NAMBD TO THE!U!Irr, BUT 2800 N. Horseshoe Drive AILURO TO no so TALI, I TION r LIABILITY OF ANY IOND Naples, FL 34104 - ON THE INSURER. ITs AG .� NYA7N COLLIER COUNTY BUSINESS TAX RECEIPT APPLICATIONILI °� f 2800 N. Horseshoe Drive, Naples, FL 34104 FLOW Make Check Payable to: Collier County Tax Collector Phone: 239-252-2477 Fax: 239-643-4788 Website: www.colliertax.com wF m. CHECKLIST Copy of Articles of Incorporation and/or Fictitious letter Yellow Fire Compliance (list of fire district phone number from the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org Copy of Marco Zoning Certificate. (239-389-5000) Copy of State license from Department of Business and Professional (850-487-1395) or Department of Health. Completed Zoning application with appropriate fee made payable (850-410-3359) to: Board of County Commissioners. Copy of City Business Tax Receipt. (239-213-1800) Completed Business Tax Receipt application with appropriate fee made payable to: Collier County Tax Collector. (239-252-2477) Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture. (800-435-7352) Other: Copy of Health inspection from Department of Hotels and Please contact the Property Appraiser's office at 239-252-8145 Restaurants (850-487-1395) or Department of Agriculture. regarding tangible tax. (800-435-7352) CHECK ONE: Date: Original Application Classification _ Transfer of License # Code Number - - Renewal of License # License Amount 1) CORPORATE NAME - I a) DBA NAME - lb) BUSINESS OWNER OR QUALIFIER'S NAME -��/ 2) PHYSICAL ADDRESS - ff (No P.O. Box allowed) 11 lg ,� i pw 2a) IS RESIDENCE USED AS AN OFFICE - Yes -� No 3) BUSINESS MAILING ADDRESS - % 301 q Er-n ill r' w / fir. tyl t-1 g. F 34/14 Street City Z' 4) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - ,slcs,11 5) TELEPHONE - Business: `21 r i - 11 is Home: W `i - �,81 -141,401 6) LEGAL FORM OF BUSINESS: Sole Proprietorship Partnership Corporation _/_ LLC _ LLP 7) OPENING DATE OF BUSINESS OR DATE ASSUMED - i�I Iasi 2 r�� I 8) OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes No If Yes, City License No. 9) SOCIAL SECURITY NO. or FEDERAL EMPLOYER IDENTIFICATION NO. *see back of application for explanation 9a) TYPE OF BUSINESS CONDUCTED: r , % �.! ? �> �� r✓`r.�. 10) NUMBER OF EMPLOYEES -Including of number of owners: 1 1) 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: 1 ?) STATE LICENSE OR CERTIFICATION NUMBER - Must have photo copy of state license if state licensed and certified UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE. xxxAPPLICANT'S SIGNATURE: /t DATE: Z/-' j O ` 0(Owner and/or representative of business) TITLE:��- ****THIS LICENSE IS NON-REFUNDABCE VOR BUSINESS STATED ABOVE**** W 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. Business DOES COMPLY with the Collier County Zoning Ordinance. Signed: Comments: Title: PROPERTY ZONED Date: THIS SECTION TO BE COMPLETED BY THE HEALTH DEPARTMENT SECTION C Signed: Business DOES COMPLY with the local and/or State requirements. Title: Date: * In accordance with Florida Statute 205.0535(5), we require you to provide us with either a Florida Employer Identification Number (FEIN) or a Social Security number. COILLIER COUNTY GOVERNMENT ZOhIING & LAND DEVELOPMENT REVIEW WVVW.COLLIERGOV.NET/ZONING 2800 NORTH HORSESHOE DRIVE ?-j NAPLES, FLORIDA 34104 PHONE: (239) 403-2400 EXT. 5603 FAX (239) 530-6286 Please take the time to fill out this form as completely as possible. Remember that only someone actually living at the address given below may engage in the home occupation described. Customers, or employees not living at this add ress are prohibited from traveling to and from the residence if visits are related to this home occupation. The applicant is the person in whose name the occupational license will be issued, and the applicant's signature must appear on this forma Verification as property owner or lessee in the form of a Valid Florida's Driver License or Florida Identification Card and/or copy of valid lease agreement is required. APPLICANT'S HOME ADDRESS / '60 TYPE OF BUSINESS TO BE BUSINESS NAME (IF ANY) 1, the undersigned, hereby affirm that I am the legal owner of the property at the above address or that I have the legal right to conduct the business described above at this address by virtue of my leasehold interest in this property, and that I have read, understood, and agree to abide by the provisions of LDC Section 5.02.00 "Home Occupations" (see back of - - - application). APPLICANT SIGNATURE ,�-----�- DATE q-,30- 6 FEE: $50.00 CHECKS PAYABLE TO: "BOARD OF COUNTY COMMISSIONERS" ZONING: REVIEWED BY TO BE COMPLETED BY COUNTY STAFF PROPERTY ID # DATE APPROVED HOLD DENIED COMMENTS/RESTRICTIONS: Must comply with Section 5.02.00 of the LDC (see back of application). COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N. Horseshoe Dr. • Naples, Florida 34104 • 239-403-2400 • fax 239-40 3-2334 MEMORANDUM DATE: November 29, 2007 TO: Applicant's FROM: Michael Ossorio, Contractor Licensing Supervisor. CC: Robert Dunn, Collier County Building Director. Alamar Finnegan, Collier County Permitting Supervisor. Robert Zachary, County Attorneys Office. All Contractor Licensing personnel. SUBJECT: Collection of social security numbers. Pursuant to Chapter 119, Florida Statues and Collier County Contractor Licensing Ordinance 2006-46 Sec. 2.1.1., all applicants are required to submit their social security number (SSN) for the following purposes: a) Assess applicant's ability to satisfy creditors by reviewing their credit history. b) Verification of applicant's test scores and information. Our office will only use your SSN noted above for those reasons pursuant to Chapter 119, Florida Statues and as may otherwise be authorized by law. We are fully committed to safe -guarding and protecting your SSN and once collected, will be maintained as confidential and exempt under Chapter 119, Florida Statues. T *end decree WhWh a6c�e6 �Ckvc � e Qa Carte ck. 1_ Cr c a Ck- C C \eC�rn�C a ion AV\�_�aQ-1 S l C S never Vev,0�st arm � Co er County COLLIER COUNTY/CITY 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) 252-2A9 Y Instructions: This application must a typewritten or legible prir application. The fee is NOT refundable after the application ha! checks should be made payable to the "Board of County Cod Collier County Ordinance No. 200646, as amended. 1. Name of Fi D/B/A (if applicable) 2. ) oW Tb(rn Lam' No &3 F( Bu iness Address (Number & Street) City 3. Business Mailing Address City 12- APPLICATION FIRM — PART I State Zip Code State Zip Code 4. Business Phone Number: I Mobile Phone Number: 5. Fax Number: �Z� �`7rj — ?j j)S Federal Emp. ID#: 6. Legal form of Business: Corporation: ✓ LLC: 7. Name of the Firm's Qualifying Agent (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 ( ) ofing $150.00 ( ) Swimming Pool $150.00 (Lr $135.00 (B) Change of Status: $10.00 "ra (Specialty trade type) a ( ) Active License to Dormant ( ) From Individual to Qualifying a Business ( ) Dormant License to Active ( ) From Qualifying a Business to Individual ( ) Address Change ( ) To Qualify Additional Entity ( ) Reinstatement ( ) 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. `nil P� r �I Z / �% G �- - - r`on i Z 23" 04 n 25 2 - ` o 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. AFFIDAVIT 1, —D—L—W-PI AlkS MUTINlr Z. certify that the foregoing is true d orrect to the best of my knowledge. Authorized Officer of the Firm STATE OF FLORIDA COUNTY OF C-0LL.t eZ The foregoing instrument as acknowledged before me this 'silo 12-wq_ By C I-LeErJ An s 0e2- of CAA P (Date) n (� ro �v D lrrY a (Name of officer, title/agent) (Name of Corporation) f-LIDQ-` O 14 Corporation, on behalf of the corporation. He/She (State or Place of Corporation) has produced lice-e- W (= as ide if ation and did wt take an oath. ac °sau�z eu any n!!!!n!!!!u!lu 00 PATRICIA L. FEnulq!!!*!n!!' rOIA Y Comm# DD0677494 a Expires 6/3/2011 �4 , Florida "8 3utouulnanlemauamu�uW�lM, ,u• NOTARY'S SEAL TURE OF NOTARY NOTARY PUBLIC (PRINT NAME OF NOTARY) Page 2 of 5 APPLICATION COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM — PART If 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 %r�tre -- CcUmnAr15 (Last) (First) (Middle) Date of Birth 0'7-2(-o- 09 S. Driver's License # 1�-1( 2. Home Address of the Qualifying ir, Home Phone #fZ2q1 T70-q7jq 3. Name of the Firm l ,M 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. qozq lPrl Cr�ler�an (23�1� Zg°t - �1 1irj 6. Have you ever been convicted of a crime related to Contracting? Nb (If yes attach extra sheet with explanation) 7. Have you or any firms you have been associated with ever filed bankruptcy? Ya 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. 10. Statement of any formal training you have had in the area for which the application is made. Page 3 of 5 AFFIDAVIT �A Cho racer 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. APPLICANT (PLEASE PRINT) NAME OF COMPANY J i1 t LA f SIGJ,dATURE OF APPLICANT — STATE OF FLORIDA COUNTY OF C0I-L (.EiL The foregoing instrument as acknowledged before me this (Date) by 4 N21 CG� who has produced DR-N YLS W CEO\ ame of person acknowledging) __-.,(Type of identification) _ as identification and did not take an oath. ��...•p...e.l e. .......ea..... PATRICIA L, FEp..eggS1 L,q *� Comm# 00M77494 5 s yr Expires 8/3/2011 • ..y,,Qn,�'��0 FWds Notarygsw., Ino IY..goose............... . SIGNATURE OF -' NOTARY PUBLIC NOTARY'S SEAL (PRINT NAME OF NOTARY) Page 4 of 5 STAFF USE ONLY: (iD LG •2 Name of Applicant Trade: Pa-,. h, Score: o 6 0 Take on Given in f �av-duo Le C��rr�sponsored by 6 LL A&cvas 9-q,,d�vTaken onBusinesscore: Given ink, Lac--a^-d�,e (�/Mz4onsored 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 (IV 7�*Sfom/ i ,O BUSINESS NAME of DA E BEFORE ME this day personally appeared COlUc� N kASM WE) -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 C01.1`1 The foregoing instrument was acknowledged before me this 3 10 2n (Date) by 0JDI1.r--Bj MAATIr4G-2 - who has produced MQ Ei1S UC�'-r,4"s (name of person acknowledging) (Type of identification) as identification and who did not take an oath. \,11,�u� PATRICIA L. FEOLA a SIGNATURE OF NOTARY NOTARY SEAL Comm#Doo677494 E*M &3=11 ° NOTARY PUBLIC VERIFICATION O -__- F CONSTRUCTION EXPERIENCE Collier County Contractor Licensing C/0 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: L-16ffee rl Cc rtificate Category Requested: I /te-Z 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: Narne, Title �C4 and liceennse number of the person signing below and verifying Applicants relevant experience: Narne: t- 0,0 lew(k V�- Title: Woicfem� License Number (if applicable): 0,VL `f Z� Narne of Business: Business Address: -*Z Business Phone: Z3% 2 — j%V The Applicant's years of experience from o The applicant'sscope of work (specific duties) included: Additional Comments: Falsifying any information provided herein may subject your license to Signature 41 �a�eM t� Printed Name: , ,l State of Florida County of Collier The foregoing instrument was acknowledge this�to M oo by who is personally r duc d as identification and who did not take an oath. pne�ewmus?�en�u�s��u�cunneeesn��ee�� F�IA'1RICIA l . PEOLA Si ature of Not ry rP��-,_ Comm# DD0677494 a$ Expires 6/3/2011 • 'ryes Florida Notary Assn., Inc 4.........uann•,x.... RON..enu•.un.uun� 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 A-pplicant's Name Certificate Category Requested ►,41 1A u 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: Narne, Title and license number of the person signing below and verifying Applicants relevant experience: Narne: �` 0 [ �` L Q Title: ErP_S (d Q K+— License Number (if applicable): C& C O S t 5 2D Narne of Business: VU �j�-S ( � W ��-- AC Business Address: Q_ O, 1;�)X- !ems t r A1Z-L-© -T lLl g F1' 3q-1 % Bus iness Phone: 23Q - lip � 2-- 016-7 The Applicant's years of experience from to The applicant's scope of work (specific duties) included: C-0 IeIJ ,,, 11C1,'Q.' oc Klr---«r 0...I-I,u n -re /'v i Ce Additional Comments: Falsifying any information provided herein may subject your Printed Name: State of Florida County of Collier b-.w ntA- The foregoing instrument was acknowledged before me on this day of 200 by who is personally known to me produc d as identification and who did not take an oath. -,--7 one¢screuaaaacouuuu•uu•■u••OUOOgU PATRICIA L. FEOLA a°"YP�4�y Comm# DD0677494 Signature of N Expires 6/3/2011 ZFlorida WosryAso., Ina= l C w■■•■amu■•u■uu■■nuumnuuuuunu 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: W 1(e$ Certificate Category Requested: The Applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate the Applicant must verify their experience within this trade. You are being requested to provide information that will aid the Applicant in meeting this requirement. You should verify time of active experience 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: Narne, Title and license number of the person signing below and verifying Applicants relevant experience: Narne: �- f—I Tit l e: 4—s-> ti Cls j License Number (if applicable): r`SG / 5 1 o 4—Z-S- Narne of Business: F, to Z, . Business Address: L..j ,N,; 0sintex-'D lL(A,-+JC� V(_ ?,&L&5 Business Phone: 239 314- 33!" The Applicant's years of experience from Zoo 5 to IM 09 The applicant's scope of work (specific duties) included: l 6,., \ Axg T p_,P_�D -5-0y.1-A I ry T Additional Comments: Falsifying any information provided herein may subject your license to revocation. Signature Printed Name: � F_y f_-J N� ` State of Florida County of Collier The foregoing instrument was acknowledged before me on this day of v-2 O by CSPy'C (i ►4 • ?P /l eI ( who is personally known to m or produced as identification and who did not take an oath. AL MAY 02TMMURIEW Sigkature o o ry a= Notary Public - Stale 01 Florida My Comn. Eapina Jan 22. 2013 Cownission Al 00 953771 AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER �Y I"' . SS(CC� �y" CtGam a resident of Lzy N'e-W County, LC t (State) and have resided here for more than five (5) years. During the last five years I have known C O \\ e CV-s Vy 4. C1'-z- 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. ��, ? '.�' /% (Signa (Name" e SSl(-c,- (Address) (Telephone)a 3R STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this M'� �i 8 i ZW' by '" v ASS 1 GCALA(L [C (Date) 42 who has produced l VCas OcESL (name of person acknowledging) (Type of identification) as identification and who did not take an oath. �aaaae9aaucoaaaa:aabaaasiaaauauaaeuvaaa•ee L. PEOL A Comm# DD0677494 Expires 6/3/2011 Florida NotaryAssn., Inc Mnuounansnseu.®....annuuuuuu.! NOTARY'S SEAL (PRINT NAME OF NOTARY) NOTARY PUBLIC 8 AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, I am a resident of �0 I I !Y County, noi'lt.tGl (State) and have resided here for more than five (5) years. During the last five years I have known lleey''l garfi i 1le"2_ (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. i (Signa (Name) !'Ed&-hla n7/da (Address) A&, k blerp6rd lay 1�Le3l f`41I2 (Telephone) (z3ilza-AA� STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this -/ MI 8, U U 2 by (Date) Sr) 2t Ca who has produced U-We)M u• c-L-yvS E (n me of person acknowledging) (Type of identification) as identification and who did not take an oath. ir+tls: ao :�:;dc•.I-*, ae Cn■■ana■afOuuunu■ao■■a PATRICIA L. FEOLA Comm# DD0677494 Expires 6/3/2011 Florida Notary Am., Inc oa.n■■uuuua■.u.uun■■u�uuuuw NOTARY'S SEAL IGNATURE OF NOTARY (PRINT NAME OF NOTARY) NOTARY PUBLIC 11 www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation CM PROFESSIONAL PAINTING OF SW FLA INC Filina Information Document Number P09000023027 FEI Number NONE Date Filed 03/12/2009 State FL Status ACTIVE Princiaal Address 194 PALM DRIVE #2 NAPLES FL 34112 US Mailing Address 194 PALM DRIVE #2 NAPLES FL 34112 US Registered Agent Name & Address HERITAGE TAX & CONSULTING SERVICES INC 11220 METRO PKWY SUITE 3 FORT MYERS FL 33966 US Officer/Director Detail Name & Address Title P MARTINEZ, COLLEEN 194 PALM DR. #2 FORT MYERS FL 34112 US Title VP MARTINEZ, ADRIAN 194 PALM DR. #2 NAPLES FL 34112 US Forms H Entity. Name http: //sunbiz. org/scripts/eordet. exe?action=DETFIL&inq_doc_number=P O9000023 027&inq... 03 / 13 /09 www.sunbiz.org - Department of State Page 2 of 2 Annual Reports No Annual Reports Filed Document Images 03/12/2009 -- Domestic Profit View image in PDFr format 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 Home Contact us Document Searches E-Filinq Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Entity Name http ://sunbiz. org/scripts/cordet. exe?action=DETFIL& inq_doc_number=PO9000023 027&inq... 03 / 13 /09 Electronic Articles of Incorporation For CM PROFESSIONAL PAINTING OF SW FLA INC P09000023027 FILED March 12 2009 Sec. Of Sate vingram The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: CM PROFESSIONAL PAINTING OF SW FLA INC Article II The principal place of business address: 194 PALM DRIVE #2 NAPLES, FL. US 34112 The mailing address of the corporation is: 194 PALM DRIVE #2 NAPLES, FL. US 34112 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 1000 Article V The name and Florida street address of the registered agent is: HERITAGE TAX & CONSULTING SERVICES INC 11220 METRO PKWY SUITE 3 FORT MYERS, FL. 33966 I certify that I am familiar with and accept the responsibilities of istered agent. Registered Agent Signature: DAVE GOLDBERG Article VI The name and address of the incorporator is: COLLEEN MARTINEZ 194 PALM DR. #2 NAPLES, FL. 34112 Incorporator Signature: COLLEEN MARTINEZ Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: P COLLEEN MARTINEZ 194 PALM DR. #2 FORT MYERS, FL. 34112 US Title: VP ADRIAN MARTINEZ 194 PALM DR. #2 NAPLES, FL. 34112 US P09000023027 FILED March 12 2009 Sec. Of Sate vingram certificate ofstatus I certify from the records of this office .that CM PROFESSIONAL PAINTING OF SW FLA INC is a corporation organized under the laws of the State of Florida, filed electronically on March 12, 2009. The document number of this corporation is P09000023027. I further certify that said corporation has paid all fees due. this office through December 31, 2009, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code noted below. Authentication Code: 090313085919-100145627131#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirteenth day of March, 2009 f� Orcrittarp of e AIRS DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 CM PROFESSIONAL PAINTING OF SW FLA INC 194 PALM DR APT 2 NAPLES, FL 34112 Date of this notice: 03-12-2009 Employer Identification Number: 26-4435831 Form: SS-4 Number of this notice: CP 575 A For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 26-4435831. 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 940 Form 1120 10/31/2009 O1/31/2010 03/15/2010 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the.IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-5 must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. RESOLUTION OF AUTHORIZATON WHEREAS 0A ( I ( proposes to Name of Business Entity) 004N C-4A engage in contracting as in (type of legal e tity: core., partnership, etc. Collier County, Florida, according to Collier County Ordinance 2006-46, as amended; and WHEREAS U �f (,�1"�,J Or)a i f) j(rn I W_,y proposes to (Name of qusingss Entity. I 61V FiA qualify for a Certificate of Competency with IQQ /IQ dj / 1e2 (Name of Individual) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: We the undersigned Mt -in VJ(tt-�l f)'7 POVr (bJ� ' of /� (Officers, Owners, Partners) OA QV-6)Xt r hereby resolve and represent to the Collier County (Name of Business Entity) 0 PO Contractors' Licensing Board that the qualifying agent, C_01IO,(I(I i'1 is active of IndividuaT&nh(r, in all matters connected with the contracting business of me w—and ame of Business Entity) We further resolve and represent that �()� (pon Jvlr.illne is (Names of Individual) legally empowered to act for �MpTksinml!Qf1'r-V (Win all matters connected with its (Name of Business Entity) oV&W FLA c,Qntr tin business, aA has the authority to supervise construction undertaken by L 1 (Name of Business Entity) sw DULY PASSED AND ADOPTED THIS Witness Witness Sworn to and subscribed before me this _L day of MOVeSN PA t h L F-CDLA Notary Public Name Printed Commission Number My Commission expires: day of , (Officers, Partners, Owners — with Designation and meath) \7►ZIraIJ 1-{(1411L)4eZ. Corporate Seal (if Applicable) Or Notary Public Certificate Public Signature ................CIX... i................i . FEOLA PATRICIA L "" Comm# DD0877494 Expires 8/3/2011 , \J,�� Florida Notary Assn., Inc III Impose .......... ago ....■■.................. Q6Z In. Balance Mai Building Your Business a Better Bottom Line Reco�,ized Crredit Re�ottln�. Agent 12268 Tamiarni Trail E • Suite 301 • Naples, YL 34113.239-774-5100 The information you requested is provided below. The information provided was gathered by third party sources not affiliated with In Balance, lnnc. The infonnation provided has not been reviewed/verified by zri Balance, Inc., and therefore responsibility for its accuracy, completeness, and the manner in which it was gathered rests ultimately with the third party sources notwithstanding In Balance, ja.'s exercise of reasonable care in selecting said third party sources. Personal Credit Report Summary All information contained below is accurate and trtie as of the indicated search date Name of Zr)dividual: Colleer-rMa inez Social Security Number: Credit Score: 533 Search Date: April 1, 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 In Balance 12268 Tamiami Trail E • Suite 301 - Naples, FL 34113.239-774-5100 *COLLEEN ALVAMDO SS: - E. SANZICA CLEANING SERVI R?TD: 7-05 TO 7-07 U 19 NAPLES LAST SUB: 1641730 RPTD: 3-06 I *4200 COMMUNITY DR APT 1601 WEST PALM BEACH FL 334092750 RPTD: 10-01 TO 5-06 U 1X k1406.N PASTEUR ST NEW BERN NC 285603140 RPTD: 3-01 TO 12-04 U 3X *COLLEEN A COLEMAN, COLLEEti A MARTINEZ, *COLLEEN A GRIMM ------------------------------ PROFILE SUMMARY ------ ------ -- CNT 05/03/02/99 PORING RECORDS ------- 0 FAST DUE AMT---$19, 663 INQUIRIES---7 SATIS ACCTS --- 4 INST/OTH B2NL---$19,978 SCH/EST PAY -------- $42 INQS/6 MO---2 NOW DEL/DRG--13 R ESTATE BAL------- N/A R ESTATE PAY ------- N/A TRADELINE--20 WAS DEL/DRG --- 3 TOT REV BAIL ------- 5638 TOT REV AVAIL ------- 0t PAID ACCT --- 5 OLD TR$1DE--6-97 -T SCORE SUMMARY -------------------------------- EKP/FAIR ISAAC RISK SCORE 2533 SCORE FACTORS: 38, 10, 02, 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 # T.AST PD MONTH PAY PAST DUE MAXIMUM BY MONTH *VALU AUTO FINANCE COMP 3-02 $14,598-0 $6,152-C CHARGOFF 1641730 rA AUT 42 2 2-28-09 $6,157 4-06 (35) LLLLLLLLLLLLL 89931165001 6-04 $6,419 1-07/L LLLLLLLLLLLL *CENTRAL FINL CONTROL 4-03 $365-0 COLLACCT 3980220 YC COL 1 1 3-25-09 $582 11-02 (77) GGGGGG------- 250631794 2-07/G-----------G ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *FIRSTSOURCE HC ADVANTA 12-08 $6,682-0 COLLACCT 1983737 YC COL 1 1 3-11-09 $6,682 3-09 ( 1) G 13684934 $6,682 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA +++++ MORE BCLG LKS 1019899 MARTINEZ,COLLEEN 591643636.CA-194 PALM DRIVE UNIT 2/NAPLES In Balance 12268 '1 amiami Trail E • Suite 301 Naples, FL 34113 239-774-5100 PAGE 2 DATE 4-01-2009 TIME 14:55,33 V101 r TFLT SUBSCRIBER OPEN AMT-•TYP1 AMT-TYP2 ACCTCOND PYMT STATUS SUB# KOB TYP TRM ECOA BALDATE BALANCE PYMT LEVET, MOS REV PYMT HISTORY ACCOUNT # LA8T PD MONTH PAY PAST DUE MAXIMUM BY MONTH *NCO-MEDCLR 2-04 $29'1-0 $281 2-04 (61) COLLACCT GGGG-GGGGGGGG 1985116 YC FCO 1 1 2-28-09 $281 2-04/G GGGGGGG----- 20068414 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *RJM ACQ LLC 11-08 $357-0 COLLACCT 1986643 YZ FCO 1 1 2-28--09 $357 12-08 ( 3) GGG 371R4693818 $357 ORIGINAL CREDITOR: BANK OF AMERICA CHECKING ACCT- *FIRSTSOURCE H.C; ADVANTA 9-08 $2,313-0 COLLACCT 1983737 YC COL 1 1 12-06-08 $2,313 12-•08 ( 1) G 13481876 $2,313 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *INTEGRITY PFSNL SOLUTI 6-08 $276-0 COLLACCT 2992258 ZZ COL 1 1 8-21-08 $276 8-08 ( 1) G 8050760000184525 $276 ORIGINAL CREDITOR: PLANET,FITNESS-CORAL SPRINGS *EFL SOLUTIONS 4-04 $610-0 COLLACCT 0960304 YC COL 1 1 9-10-07 $610 8-05 (26) GG---- G------ $610 8-^05/G ------G--GG- 14386374 ORIGINAL CREDITOR: WASHINGTON MUTUAL BANK *TRI-STATE ADJUSTMENTS 9-06 $133-0 COLLACCT 1961167 YC COL 1 1 11-10-06 $133 11-06 ( 1) G 1083249 $133 ORIGINAL CREDITOR: MEDICAL PAYMENT DATA *SOUTHERN MANAGEMENT 1-03 $2,382-0 COLLACCT 1990201 YC COL 1 4 5-02-05 $2,382 12-02 (30) G---G-------- 12050260000107928 $2,382 3-03/G ------------ ORIGINAL CREDITOR: ARCHSTONE VILLAGE *STASSINOS LAW OFFICES 10-02 $62-0 COLLACCT 3960714 YC RCK UNK 1 11-22-04 $62 10-02 (26) G 22890326 $62 10-02/G ORIGINAL CREDITOR: STYLES FOR LESS *123 -- NEW +-r+++ MORE RCLG LKS 1019899 MARTINEZ,COLLEEN 591643636;CA-194 PALM DRIVE UNIT 2INAPLES In Balance 12268 Tamiaxni Trail E • Suite 301 • Naples, FL 34113 239-774-5100 ' OPEN AMT-TYPI AMT-TYP2 ACCTCOND PYMT STATUS SUBSCRIBEF, SUB# KOB TYP TRM EGOA BA CE PYMT MOS REV PYMT HISTORYACCOUNT # �ATZ PD PAaTLEVEL MONTH MAXIMI�M BY MONTH *CREDIT ONE BANK 8-08 $200-L $438-H OPEN CUR WAS 30 3218143 BC CRC REV 1 3-22-09 $13 11-08 ( 8) CCCCCICC 546645111018 2-09 $13 __ INQUIRIES ---------�-------------,------------ VERIZON WIRELESS I-Z'I-09 1944272 UW SEARS/CBSD 10-01-08 1351440 DC COMPLETE COLLECTION SV 8-07-08 2960801 YC UNK COL CREDIT ONE BANK 8-01-08 3278143 BC WFNNB/POTTERY BARN 3-18-08 1341740 CZ AMEX 9-24-07 1234990 BC HSBC ,AUTO 8-20-07 2996758 FA CONSUMER ASSTST.ANCE CONTACT: EXPERIAN 701 EXPERIAN PARKWAY, PO BOX 2002, ALLEN, TX 75013 888.397.3742 t -rr1E S�rr �K O e .� 03-23-2009 ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 03/23/2009 PERSON: MARTINEZ FEIN: 264435831 BUSINESS NAME AND ADDRESS: CM PROFESSIONAL PAINTING OF SW FLA INC 194 PALM DR, APT 2 NAPLES FL 34112 SCOPES OF BUSINESS OR TRADE: 1— PAINTING EXPIRATION DATE: 03/23/2011 ADRIAN IMPORTANT: Pursuant to Chapter 440 . 05114►, 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 440.05112), 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 440.05113►, 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. wC-767 rFRTIFIPATr nr nrr—n.- �.. ------••---- -- ALEX SINK CHIEF FINANCIAL OFFICER f. ,t F STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION nIIFCTIMICM rocnt 03-23-2009 * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 03/23/2009 PERSON: MARTINEZ FEIN: 264435831 BUSINESS NAME AND ADDRESS: CM PROFESSIONAL PAINTING OF SW FLA INC 194 PALM DR, APT 2 NAPLES FL 34112 SCOPES OF BUSINESS OR TRADE: 1— PAINTING EXPIRATION DATE: 03/23/2011 COLLEEN IMPORTANT: Pursuant to Chapter 440 . 05114), 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 440.0502), 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 440.05031, 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 nn the cartificate to meet the requirements of this section. nIIESTIONS? (850) 413-1609 FLORIDA DEPARTMENT OF SER SERVICES ALEX SINK CHIEF FINANCIAL OFFICER OF FLORIDA �a ,ram a EXEMPTION APPLICATION RECEIPT L� 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: APPLICANT'S NAME: j"%�, ha r i (� e 3 Co BUSINESS NAME: C r SS i v Gi i i Receipt Completed By: 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.fldfs.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 4415 Metro Parkway Suite 30Q Ft. Myers, Fl 33916 Telephone (239)938-1840 (239)93.8-1886 From:ALAN WILLIAMS ASSOC 239 418 1219 05/13/2009 16:26 #937 P.001/001 ACORQ CERTIFICATE OF LIABILITY INSURANCE ATE(MMMDMZoos) PRODUCER 239.418.1100 FAX 239.418.1164 Alan Williams & Associates Insurance Agency Inc. 100i1e BenC. Pratt/{ /�Q Six MAY 1 2U Ft.Myers, FL 33912 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED�OV Professional Painting, of SW FLA, Inc. 194 Palm Drive, Apt. *2 Naples, FL 34112-6048 239 775-3515 Esther INSURERA-- Montgomery Insurance 67887 INSURER B: INSURER C: INSURER O: INSURER E: t•nvoraer_cc i THE POLICES OF IN NCE LISTED BELOW HA BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT IATHSTANDI ANY ftEQUIREWIE , TERM OR CONDITION OF A CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN E INSURANCE AFFORDED BY,414E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF St POLICIES, REGATE LIMITS SHOWN MAY VE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDl1'YYY DATE MIDO/YYYY rA GENERALLIASILITY X CObfMERC1AN. GENERAL LIA ITY CLAIMS MADE X OCCUR SLOS3801487 05/12/2009 05/12/2010 EACH OCCURRENCE S 500,00 PREMISE$ Ea oalmarea $ 1�, MEQ EXP (Arry one parson) $ lO, 00 PERSONAL & ADV INJURY $ 500,00( GEML AGGREQAffE LIMIT APPLIES PER POLI 'T n LOC GENERAL AGGREGATE PRODUCT`S-COMP" AGG $ 1 000 S 1,000, 00( AUT06ME LIABILITY ANY AUTO ALL CANNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNEO AUTOS COMBINED SINGLE LIMIT (Es ��) $ BODILY INJURY (Per parson) $ BODILY INJURY (Per acdcwt) $ PROPERTY DAMAGE (Per acddont) $ GARAGE UHBILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RFTF.NTON $ EACH OCCURRENCE $ AGGREGATE $ S $ $ WORKERS COMPENSATION AND EMPLOYERS, LuaLnY YIN ANY PROPRIETORIPARTNEPUEXECUTNt^1 OFFICER/MEMBER EXCLUDED? L—i (Mandatory In NH) RR yev, desai6e tmdsr SPECIAL PROVISIONS below rl TORY LIMITS ER E.l. EACH A(T.IOF.NT _ $ El DISEASE- EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS I:CK I Iri!16A 1 C FIULLJCK bAIVC:CLLA I IUPI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATM DATE THEREOF, THE ISSUWG WSURER HILL ENDEAVOR TO MAR 10 DAYS I BITTEN NOTICE TO THE CERTIFICATE HOWER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SNAL IMPOSE NO OBLIGATION OR UABILRY OF ANY KIND UPON THE INSURER ITS AGENTS OR Collier County Contractor Licensing Board 2800 North Horseshoe Dr Naples, FL 34104 126(2008/01)FAX: 239.252.2469 AUTHORIZED The ACORD name and logo are registered marks of ACORD �ar� COLLIER COUNTY BUSINESS TAX RECEIPT of TF APPLICATION �< gF w yyy E � 2800 N. Horseshoe Drive, Naples, FL 34104 FLOXIOA Make Check Payable to: Collier County Tax Collector Phone: 239-252-2477 Fax: 239-643-4788 Website: www.colliertax.com wF CHECKLIST Copy of Articles of Incorporation and/or Fictitious letter Yellow Fire Compliance (list of fire district phone number from the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org Copy of Marco Zoning Certificate. (239-389-5000) Copy of State license from Department of Business and Professional (850-487-1395) or Department of Health. Completed Zoning application with appropriate fee made payable (850-410-3359) to: Board of County Commissioners. Copy of City Business Tax Receipt. (239-213-1800) Completed Business Tax Receipt application with appropriate fee made payable to: Collier County Tax Collector. (239-252-2477) Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture. (800-435-7352) Other: Copy of Health inspection from Department of Hotels and Please contact the Property Appraiser's office at 239-252-8145 Restaurants (850-487-1395) or Department of Agriculture. regarding tangible tax. (800-435-7352) CHWK ONE: Date: 1-1 Original Application Classification _ Transfer of License # Code Number - - Renewal of License # License Amount CORPORATE NAME - HI ! r 2 f r' S ! (1 DO I fh i) V t n C, cS� cSii�l �_%i 1 il1G 1 a) DBA NAME - lb) BUSINESS OWNER OR QUALIFIER'S NAME - g s C i l 2l-il IBC 2) PHYSICAL ADDRESS - r7 Ph E T1 01- '� � r t'ljc � i � ,S I �-' 1 �� 1 `a (No P.O. Box allowed) 2a) IS RESIDENCE USED AS AN OFFICE - Yes No 3) BUSINESS MAILING ADDRESS - i 'i N), ( Im Ck Iti�� 0 ( � _,� . r ! M ! Street City Zip 4) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - UI ? � Z- 5) TELEPHONE - Business: W 2 $P " %zq Home: iD - q7 19 6) LEGAL FORM OF BUSINESS: Sole Proprietorship Partnership Corporation LLC _ LLP 7) OPENING DATE OF BUSINESS OR DATE ASSUMED - 8) OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes ✓ No If Yes, City License No. 9) SOCIAL SECURITY /N�O..� or FEDERAL EMPLOYER IDENTIFICATION NO. - *see back of application for explanation 9a) TYPE OF BUSINESS CONDUCTED: C) (Ai i l n G 10) NUMBER OF EMPLOYEES - Including of number of owners: 11) 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 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE T THE BEST OF MY KNOWLEDGE. xxxAPPLICANT'S SIGNATURE: V)�l DATE: (Owner and/or representative of business) TITLE: ****THIS LICENSE IS NON-REFUNDABLE FOR BUSINESS STATED ABOVE**** COLLIER COUNTY GOVERNMENT ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET/ZONING 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PHONE: (239) 403-2400 EXT. 5603 JV" FAX (239) 530-6286 Please take the time to fill out this form as completely as possible. Remember that only someone actually living at the address given below may engage in the home occupation described. Customers, or employees not living at this address are prohibited from traveling to and from the residence if visits are related to this home occupation. The applicant is the person in whose name the occupational license will be issued, and the applicant's signature must appear on this form. Verification as property owner or lessee in the form of a Valid Florida's Driver License or Florida Identification Card and/or copy of valid lease agreement is required. ZONING CERTIFICATE:.# APPLICATION DATE APPLICANT'S PHONE l 2 " Yl J �IIJ — `1 f APPLICANT'S NAME COM-Wr�l nC?Z Nooks APPLICANT'S HOME ADDRESS IQ� �m�r 3411 Z TYPE OF BUSINESS TO BE CONDUCTED�tt'1 'C- BUSINESS NAME (IF ANY) 1, the undersigned, hereby affirm that I am the legal owner of the property at the above address or that I have the legal right to conduct the business described above at this address by virtue of my leasehold interest in this property, and that I have read, understood, and agree to abide by the provisions of LDC Section 5.02.00 "Home Occupations" (see back of application). _ n APPLICANT SIGNATURE DATES/-� 6 FEE: $50.00 CHECKS PAYABLE TO: "BOARD OF COUNTY COMMISSIONERS" ZONING: TO BE COMPLETED BY COUNTY STAFF PROPERTY ID # DATE REVIEWED BY APPROVED HOLD DENIED COMMENTS/RESTRICTIONS: Must comply with Section 5.02.00 of the LDC (see back of application). COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Fax (239) 403-2469 May 21, 2009 Mr. G.W. Han -ell: Florida Construction Industry Licensing Board 1940 N. Monroe Street Tallahassee, FL 32399-1039 RE: Collier County Contractors Licensing Board —Case Number 2009-06. Dear Mr. Harrell: Enclosed are the Findings of Fact, Conclusions of Law and Orders of the local Board in the cases decided recently by the Collier County Contractors' Licensing Board. Board of County Commissioners vs. Bobbt, J. Phillips Jr. DIBIA Bob's Air Conditioning — R_efi-i,Z •ration, Inc., Collier County Case Number 2009-06, and Collier County Certificate 16193 (CAC054717). This case was heard and decided by the local licensing Board on May 20, 2009 with a finding that Mr. Phillips was in violation and local penalties were imposed to the limit allowed by Florida Statues, to wit, denial of Mr. Phillip's right to pull building permits in Collier County, the City of Naples or City of Marco Island until the next regularly scheduled Board meeting with the exception of the requirement that the Respondent obtain a permit for work perfon-ned at the Koeing residence, 6901 Compton Lane, Naples, FL by the Respondent and subsequent corrective repair work on Respondent's job and successfully completing the required inspections thereof. The Respondent shall appear at the next regularly scheduled Board meeting for review of his completion of the above requirement and for a hearing to determine the additional sanctions, if any, to be imposed. Further, the Board makes a recommendation to the Florida Construction Industry Licensing Board that no action be taken until such time as the Board detennines the sanctions to be imposed at its June 17, 2009 meeting or the next regularly scheduled nieeting in the even the Board does not meet on June 17, 2009. If there are any questions concerning these cases, please call me. Sincerely, Michael G. Ossorio Contractor Licensing Supervisor Collier County Government MGO/mw C o � i i e r C o x r1 i y Enclosures Postal CERTIFIED MAIL, RECEIPT Provided) co (Domestic Mail On1Y; NO insurance Coverage m ti . , , �Co nn1Q Postage $ J V I m Certified Fee m P ark OReturn a (Endorsement Required) ire) Fee V ere C3 Restricted Delivery Fee Q (Endorsement Required) ra N Total Postage & Fees Sent To or PO Box No. CONTRACTORS LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. Bobby J. Phillips, Jr. d/b/a Bob's Air Conditioning -Refrigeration, Inc Respondent (s) 130=10 CASE NO. 2009-06 LICENSE #:16193/CAC054717 THIS CAUSE came on for public hearing before the Contractors' Licensing Board (hereafter Board) on May 20, 2009 for consideration of the Administrative Complaint filed against Bobby J. Phillips, Jr.. Service of the Complaint was made in accordance with Collier County Ordinance 90-105 as amended. The service of the Administrative Complaint conformed with the requirements of Ordinance 90-105, as amended. The Board having at said hearing 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 Bobby J. Phillips, Jr. is the holder of record of License Number CAC 054717/16193. 2. That the Board of County Commissioners of Collier County, Florida is the complainant in this matter. CADocuments and Settings\jenniferblanco\Local Settings\Temporary Internet Files\OLK1 B\Phillips Bobby J Case 2009-06.doc 1 3. That the Board has jurisdiction of the person of the Respondent and that Bobby J. Phillips, Jr. was present at the public hearing and was not represented by counsel at the hearing on May 20, 2009. 4. All notices required by Collier County Ordinance No. 90-105, as amended, have been properly issued and were sent by certified mail and personally delivered. 5. The Respondent acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. 6. That the allegations of fact as set forth in the Administrative Complaint, as to Count I, Section 4.2.2 are found to be supported by the evidence presented at the hearing. CONCLUSIONS OF LAW 1. The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count I are approved, adopted and incorporated herein, to wit, the Respondent violated Section 4.2.2 of Collier County Ordinance 90-105, as amended in the performance of his contracting business in Collier County by acting in violation of the section set out above with particularity. 2. Collier County has jurisdiction over this contractor pursuant to Collier County Ordinance 90-105, as amended. 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 8 in favor and 0 opposed, CADocuments and Settings\jenniferblanco\Local Settings\Temporary Internet Files\OLK1 B\Phillips Bobby J Case 2009-06.doc 2 a majority vote of the Board members present, the Respondent has been found in violation as set out above. Further, it is hereby ORDERED, by a vote of 8 in favor and 0 opposed, a majority vote of the Board members present that the following disciplinary sanction(s) and related order are hereby imposed upon the holder of Contractors' Certificate of Competency No. CAC 054717/16193. 1. Permit pulling privileges in Collier County, the City of Naples and City of Marco Island are revoked until the next regularly scheduled Board meeting with the exception of the requirement that the Respondent obtain a permit for work performed at the Koenig residence, 6901 Compton Lane, Naples, FL by the Respondent and subsequent corrective repair work on Respondent's job and successfully completing the required inspections thereof. The Respondent shall appear at the next regularly scheduled Board meeting for review of his completion of the above requirement and for a hearing to determine the additional sanctions, if any, to be imposed. The parties hereto are hereby notified that the Respondent has a right to request a rehearing of this matter. A request for rehearing shall be made in writing and shall be filed with the Clerk to the Collier County Board of County Commissioners, and served on any other parties, within twenty (20) days from the date of mailing of the Board's written decision under Section 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the decision of the Board. The written request for rehearing CADocuments and Settings\jenniferblanco\Local Settings\Temporary Internet Files\OLK1B\Phillips Bobby J Case 2009-06.doc 3 shall specify the precise reasons therefore. The decision of the Board which is the subject of the rehearing request shall remain in effect throughout the rehearing procedure unless the Board orders otherwise. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 21 days after the decision is made. If the Contractors' Licensing Board determines it will grant a rehearing, it may: a. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or b. Modify or reverse its prior decision, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed by its counsel was an erroneous ruling and which ruling could effect the substantive decision. The parties are further notified that upon the timely filing of a Notice of Appeal within thirty (30) days you may have the decision of the Board reviewed pursuant to the procedure set out herein. The contractor found to be in violation may appeal a decision of the Board to the Collier County Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Board. Any appeal shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the decision of the Board under Sections 4.3.4.9 and 4.3.4.10 of Ordinance 90-105, as amended. If there has been a re -hearing request, the appeal shall be filed with the Circuit Court and served on the parties within thirty (30) days of the mailing of the re -hearing decision under Section 5.1.2 of Ordinance 90-105, as amended. In the event that the contractor found to be in violation should elect to appeal, a verbatim record and transcript of the proceedings will be necessary. It shall be the sole responsibility of said party to ensure that a record is made from which a transcript may be prepared which includes the testimony upon which an appeal may be taken. Neither Collier County nor the Board shall have any responsibility to provide a verbatim record transcript of the proceedings. FURTHER, the Board makes a recommendation to the Florida Construction Industry Licensing Board that no action be taken until such time as the Board determines the sanctions to be imposed at its June 17, 2009 meeting or the next regularly scheduled meeting in the event the Board does not meet on June 17, 2009. In accordance with Chapter 489.131(7) ( c ) and (d), Florida Statutes, the disciplined contractor, the complainant, or the Department of Business and Professional Regulation may challenge the local jurisdiction enforcement body's recommended penalty for Board action to the State Construction Industry Licensing Board. A CADocuments and Settings\jenniferblanco\Local Settings\Temporary Internet Files\OLK1 B\Phillips Bobby J Case 2009-06.doc 4 challenge must be filed within sixty (60) days of the issuance of the recommended penalty to the State Construction Industry Licensing Board in Tallahassee, Florida. If challenged, there is a presumptive finding of probable cause and the case may proceed before the State Board without the need for a probable cause hearing. Failure of the disciplined contractor, the complainant, or the Department of Business and Professional Regulation to challenge the local jurisdiction's recommended penalty within the time period set forth herein shall constitute a waiver of the right to a hearing before the State Construction Industry Licensing Board. A waiver of the right to a hearing before the State Board shall be deemed an admission of the violation, and the penalty recommended shall become a final order according to the procedures developed by State Board rule without further State Board action. Pursuant to Section 120.59, Florida Statutes, the parties are hereby notified that they may appeal the Final Order of the State Board by filing one copy of a Notice of Appeal with the Clerk of the Department of Business and Professional Regulation, Northwood Centre, 1940 Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of said Order. ORDERED by the Contractors Licensing Board effective the 20 day May, 2009 r Richard Josli,', Chair Contractors Licensing Board 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 Respondent, Bobby J. Phillips, Jr., 23 Hastings Place, Naples, FL 34145; and Michael Ossorio, Licensing Compliance Supervisor, 2800 North Horseshoe Drive, Naples, FL 34103 on this o2-.2- day of May, 2009. Secr / Contract s icensing Board CADocuments and Settings\jenniferblanco\Local Settings\Temporary Internet Files\OLK1 B\Phillips Bobby J Case 2009-06.doc 5 CONTRACTORS' LICENSING BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Contractors' Licensing Board Petitioner, vs. CASE # 2009 - 08 LICENSE # 23418 RR282811095 Edward Lee Whitsett d/b/a — Whitsett Construction Inc. Respondent (s) ADMINISTRATIVE COMPLAINT The Contractors' Licensing Board of Collier County, Florida, (hereinafter Board), files this Administrative Complaint against Edward Lee Whitsett, d/b/a- Whitsett Construction Inc., (hereinafter Respondent), License # 23418 / RR282811095 and says: COUNT Collier County Ordinance 2006-46, Section 4.1.1 4.1.1. Knowingly combining or conspiring with an unlicensed Contractor by allowing one's Certificate of Competency to be used by an unlicensed contractor with intent to evade the provisions of this Ordinance. When a licensed contractor acts as the qualifying agent for any firm without first making application under this Ordinance to represent said firth, such set shall constitute prima facie evidence of intent to evade the provisions of this Ordinance. When a certificate holder allows his certificate to be used by one or more companies without having any active participation in the operations, management, and control of such companies, such act constitutes prima facie evidence of an intent to evade the provisions of this Ordinance. Active participation requires job site supervision, knowledge of and participation in the business operations of the company(s), including all contractual mattes. COUNT II Collier County Ordinance 2006-46, Section 4.1.9 — Performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting, if the licensed contractor knows, or should have known that the person or entity was unlicensed. COUNT III COUNT IV COUNT V It is determined that the above stated charges are grounds for disciplinary action under Ordinance 90-105 of Collier County, Florida, as amended. Dated: 6/3/09 --- -=------------- - ------- Director or his/her Designee Collier County Bldg. Review & Permitting 1-1 Summary C.L.B. — 2009-8 Edward Lee Whitsett — d/b/a : Whitsett Construction Inc. On May 22"d, 2009, I, Rob Ganguli, Collier County Contractors' Licensing Investigator addressed a complaint against a respondent, Jeffrey Scott Mitchell, regarding the advertisements on his business cards which included several contractor licensed trades as well as the license information: RR282811095. My investigation revealed that this Registered Residential Contractor number was in no way associated with Mr. Mitchell, but was that of the company; Whitsett Construction Inc., Collier County Certificate # 23418. In the process of issuing the appropriate fines to Mr. Mitchell for the violations represented on his business cards, I learned that he had obtained permission from the qualifier of Whitsett Construction Inc., Edward Lee Whitsett to use his contractor's license. The activities of authorizing an unlicensed contractor to use one's certificate or registration, and of performing any act which assists a person or entity in engaging in the prohibited unlicensed practice of contracting construe violations of Section 4.1.1 and 4.1.9 of Collier County Ordinance 2006-46 as amended. C.L.B. 2009 — 08 Edward Lee Whitsett d/b/a — Whitsett Construction Inc. Table of Contents : • E1/E2 — formal complaint. • E3 — certificate detail report. • E4 — copy of notice of hearing sent certified mail. • E5 - copy of signed return receipt for certified mail acceptance. • E6 — DBPR state licensing information. • E7 — application for certificate of competency with signature and photo I.D. • E8 — copy of signed note allowing unauthorized usage of Mr. Whitsett's license. • E9 — signature sample from application for certificate of competency • E10 — business card of unlicensed contractor depicting unauthorized license number. ` CONTRACTORS' LICENSING BOARD 2800 N. HORSESHOE DRIVE NAPLES.; FLORIDA 33942 COMPLAINT NUMBER Oct d 'g COMPLAINANT: ANY PERSON WHO BELIEVES THAT A CONTRACTOR HOLDING A STATE CERTIFICATION OR CERTIFICATE OF COMPETENCY HAS VIOLATED CCi,LIER COUNTY ORDINANCE NUMBER 90-105, AS AMENDED, MAY SUBMIT A cWORN 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 THECOMPLAINT, 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 PACTS IN SUPPORT THEREOF. ' �QMPLAINT _ •. PLEASE PRINT OR TYPE AND RETURN SIGNED COPIES OF THE COMPLAINT. DATE AGAINST: Ca?,Cl� CONTRACTOR'S NAME : iJr-i- f l S E t•� PHONE (n s st4 : � 34 BUSINESS NAME: �1-�9TSu LICENSE NUMBER IF-KNOWN:is COLLIER CO. COMPETENCY #: r y CONTRACTOR'S BUSINESS ADDRESS: 1 9® PE Rg�+E �� r-` -:4 26 S �AVc-� � �� 3�rri 5 FILED BY: NAME: Gv� tJ S`i lj tt ADDRESS :, � "` f..> cp_ S0;Ac� i✓� . BUS. PHONE: ADDRESS WHERE WORK DONE: CITY : L r e- COUNTY o . L--i F-� DATE OF CONTRACT DATE JOB STARTED / DATE JOB COMPLETED OR NEW HOME OCCUPIED 0f A WERE THERE PLANS AND SPECIFICATIONS? IS THERE A WRITTEN CONTRACT'. IF YES, AMOUNT OF CONTRACT IJ HAS CONTRACTOR BEEN PAID IN FULL?_ IF NOT, WHAT AMOUNT? / WAS A BUILDING PERMIT OBTAINED? R1J IA - WHO OBTAINED BUILDING, PERMIT? !J/A PERMIT # IF KNOWN HAVE .YOU COMMUNICATED BY LETTER WITH THE LICENSEE? 497 y DATE DO YOU HAVE HIS REPLY? 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 90-205, AS AMENDED, WHICH, IN YOUR 'OPINION, HAVE BEEN VIOLATED BY THE CONTRACTOR WHICH, IS THE SUBJECT OF THIS COMPLAINT, (LIST SUBSECTION NUMBER) ,4 t PLEASE STATE THE FACTS WHICH YOU BELIEVE SUBSTANTIATE YOUR CHARGE.00 MISCONDUCT AGAINST THE SUBJECT CONTRACTOR:- (LIST, FACTS SEPARATELY FOR EACH SUBSECTION NUMBER ABOVE) �IC�:F t,-� � (C F .JTtR-tz/� nor.; ALta�s Lt cv s irk Fi �: s c s s CA t)L�cl�Sru (IF ADDITIONAL SPACE IS STATE OF F U d fLl PAS � SEPARATFj SHEET) PLAiNANTPSGZOATURE) COUNTY OF C 6 E-1--1 t�_V_ Sworn to (or affirmed) and subscribed before me this_� (LD day of �l j to IF- , "Act bY— C� C:12 (nam of person maki statement) n liewhipimm IC rrrr�u u_ owner. WCOMMS"tDD776157 EXPIRES: Apd 10, 2D12 COMMISSIONED NAME OF NOTARY PUBLIC) v Personally known or Produced identification !C?- Certificate Detail Report CDPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 23418 EDWARD LEE WHITSETT WHITSETT CONSTRUCTION, INC. INACTIVE DETAIL CLASS CODE CLASS DESC STATE NBR 1200 RESIDENTIAL CONTR.-REGISTERED R282811095 ORIG ISSD DATE STATE EXP DATE 3/19/2002 8/31/2009 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 9/30/2009 OTH OL NBR CNCL DATE COUNTY OL EXEMPT N COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE 012624 9/30/2009 REINSTATE DATE 8/8/2008 DBA PHONE FAX (239)784-5715 (239)403-9848 MAILING ADDRESS PHYSICAL ADDRESS 190 PEBBLE BEACH BLV. # 205 190 PEBBLE BEACH BLV. # 205 NAPLES FL 34113- NAPLES FL 34113- LIABILITY INSURANCE COMPANY EXP DATE AUTO BUYERS INSURANCE AGENCY 8/1/2009 PHONE EFFECTIVE DATE (239)793-0555 8/1/2008 POLICY NUMBER CNCL DATE SCL 0003018330 INSURANCE LIMITS 100,000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY PHONE EXP DATE EFFECTIVE DATE Collier County Board of County Commissioners CD -plus for Windows 95/NT Printed on 6/3/2009 10:41:49AM Page 1 _ COLLIER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N. Horseshoe Drive • Naples, Florida 34104 • (239) 403-2432 • Ru (239) 403-2469 CERTIFIED MAIL # 7007 0710 0003 3698 2492 Date: 5/26/09 Edward Lee Whitsett d/b/a — Whitsett Construction Inc. 5305 Trammel St. Naples, FL. 34113 RE: Complaint filed against you by the Collier County Contractor Licensing Office. Dear Edward Lee Whitsett: 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 June 17, 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) 4.1.1, and 4.1.9 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 # 23418 and/or suspension or revocation of your permit privileges against your state license # RR 282811095_ Sincerel ., Rob anguli Licensing Compliance Officer Phone # (239) 252-2914 C 0 1 1 i e r C 0 H H L Y ■ 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 maliplece, or on the front If space permits. 1. Article Addressed to: A Signature X LkAgent 99kddressee B. Rt by ( Name) C. Date of Delivery �01v D. Is delivery address different from Item 1 k Q Yes If YES, enter delivery address below: 'qNo i i 3. Service Type 0 Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise j ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? Pft Fee) ❑ Yes 2. Article Number 7307 �71� 0003 3698 2492 (7iansfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 DBPR - WHITSETT, EDWARD LEE; Doing Business As: WHITSETT CONSTRUCTI... Page 1 of 1 Licensee Details Licensee Information Name: WHITSETT, EDWARD LEE (Primary Name) WHITSETT CONSTRUCTION INC (DBA Name) Main Address: 5305 TRAMMEL STREET NAPLES Florida 34113 County: COLLIER License Mailing: Licensel-ocation: License Information License Type: Registered Residential Contractor Rank: Reg Residential License Number: RR282811095 Status: Current,Active Licensure Date: 04/30/2002 Expires: 08/31/2009 Special Qualifications Qualification Effective QB Lic Required 02/20/2004 View Related License Information View License Complaint 12:04:44 PM 6/3/2009 Terms of Use I I Privacy Statement I https://www.myfloridalicense.comlLicenseDetail.asp?SID=&id=9188E68CO53DOCB 18CF... 6/3/2009 �� -"�� • BUILDING COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO APPPLICATION FIRM - PART I Contractors' Licensing Board Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Telephone: (941) 403-2431 — The Sunshine State 8 ' LICENSE NUMBER W323-232-59-062-0 EMW= LEE WMTSETT 1145 CHERRYSTONE CT NAPLES, FL 341024= BIRTH DATE SEX HGT. REST.: ENDORSE. 02 22-69 M 601 A TE Fax: (941) 403-2345 ' s - oi-1ao1 EXPIRES ns 00.00-M Instructions: This application must be typewritten or 1 Ad accompany this application. The fee is not refundable ORGAN DONOR MOTORCYCLE ALSO xOSDUM18082s entered on the records. All checks should be made payzOP-�^-1a--"-w A `°A''rso61e1ji°�"°q"°d�`�". Commissioners". For further information, consult Collier County Ordinance No. 90-105, as amended. 1. Name of FirmT- 2. U1`tS G C-10 C21 - Business Address (Number & Street) City State Zip Code 3. ( l .r2 C: T l ' `� Business Mailin Address City State (� Zip Code ,� 4. Business Telephone Number ' 3-© o ja Federal Tax Id# 5. Mobile Phone #: /q/-g2-j 1137 � Beeper # Fax # 6. Name of the Firm's Qualifying Agent 7. INDICATE NATURE OF REQUEST - (A) To Qualify as a. ( ) General $ 87.00 ( ) Electrician $ 87.00 () Change of Status $10.00 ( ) Building $ 87.00 ( ) Plumber $ 87.00 (�^sidential $ 87.00 ( ) Air Cond. $ 87.00 ( ) Mechanical $ 87.00 ( ) Sheet Metal $ 72.00 ( ) Roofing $ 87.00 ( ) Marine $ 72.00 ( ) Swimming Pool $ 87.00 ( ) Specialty $ 72.00 (B) Change of Status ( ) Active License to Dormant ( ) Dormant license to Active ( ) Reinstatement ( ) Address Change ( ) Issue as Dormant From Individual to Qualifying Bus. From Qualifying Bus. to Individual To Qualify Additional Entity From One Business to Another D� pto To Whom It May Concern: I Edward Whitsett have given Jeff Mitchell permission to use my contractors license #RR282811095. We sometimes work together, and at other times Jeff works alone. Signature Date 9. The names, titles, home addrebs and phone numbers of all Officers/Managing Members of the Firm. 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. t I Q'k 9Q- 11. List all debts you or any company(s) associated with you refused to pay and the reasons for the refusal to pay. Attach 1Vil extra pages if needed. b Cl4 AFFIDAVIT I.� certify that the foregoing is true and correct to the best of my knowledge. Tut hori' Officer o the Firm STATE OF FLORIDA am rr am r aw 4 M COUNTY OF eOL-U C--P— The foregoing instrument as acknowledged before me this By fT "77- of _ ! (Date)CO IJ3F- 1.-Ca (Name of officer, title/agent) (Name of Corporation) K- I Corporation, on behalf of the corporation. He/She (State or Place of Corporation) D has produced _ l oey—S L/; _ as identification and did not take an oath. J1tViA SIGNATU E OF NOTARY J NOTARY PUBLIC NOTARY'S SEAL (PRINT NAME OF NOTARY) MICWL J. PORTELL MY COMMISSION # DO 766915 EXPIRES: April 10, 2012 L 'e9f F 6c..ledThru Notvy Public underwrKm Page 2 of 5 — CT EXPERIENCE: Handyman, Woodwork, Cabinetry, Drywall Repair, Paint, Lite Electrical & Plumbing, & Pressure Washing. APhone: (239) 465-316S Ll--d do [neared BR282811005 In Home Quotes (C) COLLIER COUNTY CONTRACTOR'S LICENSING BOARD TERM EXPIRES NAME TRADE PHONE # 6/30/2009 Richard E. Joslin, Jr. Commercial Swimming Pool 455-5000-W Sunrise Pools of Naples, Inc. 59513 inStreet NW 572-1172-C (Chairman) Naples, FL 34102 E-MAIL: pappaPoo12(cD-,ebargmail. com 6/30/2010 Lee Horn Consumer District: 3 2225 Malibu Lake Cir.,#621 Naples, FL 34119 E-MAIL: SPORTSLEM(a)_AOL.COM 6/30/2010 Michael Boyd Sign Contractor Signs & Things 3649 Progress Ave. Naples, FL 34104 E-MAIL: MBOYD(aD-SIGNSANDTHINGS.COM 2/28/2009 Eric D. Guite' Tile & Marble Contractor Progressive Tile, Inc. 1520 Nautilus Road (City of Naples Representative) Naples, FL 34102 E-MAIL: ERIC1 PRO(cD-YAHOO.COM 6/30/2009 Thomas Lykos The Lykos Group, Inc. (Vice Chairman) 6/30/2009 Terrance P. Jerulle T. Jerulle Construction LLC E-MAIL: tierulle(aD-tiflorida.com 6/30/2010 Patrick G. White Porter, Wright, Morris & Arthur LLP E-MAIL: pwhite ccD-porterwright.com 6/30/2011 Kyle E. Lantz Southwest Creations, Inc General Contractor 1989 Trade Center Way Naples, FL 34109 General Contractor 119 Torry Pines Point Naples, FL 34113 Consumer 4732 West Blvd. Naples, FL 34103 287-5044 643-4404 403-9365-W 825-6274-Cell 263-9660-W 213-1143-W 289-5400-C 213-1153-F 593-2963-W 593-2990-F Gen, PIbg,Elec,Roof & Fire Prot. 405-0667-F 3520 Gulf Harbor Court Bonita Springs, FL 34134 E-MAIL: kyleesouthwest-creations.com PAGE 2 — Collier County Contractor Licensing Board Pat Neale Counsel to the Board E-MAIL: lucerainc(cDaol.com P. O. Box 638 Marco Island, FL 34146 Robert Zackary County Attorney E-MAIL: robertzachary(aD-colliergov.net Michael Ossorio Contractor Lic. Supervisor E-MAIL: michaelossorio(a.colliergov.net Ian Jackson E-Mail: ianiackson(cDcolliergov.net Allen Kennette E-Mail: allenken nette(a�colliergov.net Rob Ganguli E-Mail: robganguli(cr)colliergov.net Maggie Wright E-Mail: maggiewright(aD-colliergov.net Contractor Lic. Investigator Contractor Lic. Investigator Contractor Lic. Investigator Customer Service Specialist Jennifer Blanco Customer Service Specialist E-Mail: ienniferblance(aD-colliergov.net Joann Greenberg Customer Service Specialist E-Mail: ioanngreenberg a(�colliergov.net Rev: 04/15/09 642-1485-W 642-8098-H 774-8400-W 252-5706-W 252-2451-W 252-2468-W 252-2914-W 252-2432-W 252-2909-W 252-2431-W June 10, 2009 Collier County Board of Commissioners 2800 N. Horseshoe Drive Naples, FL 34104 Attn: Contractor Licensing Department To Whom It May Concern: I have known Earthcare Landscape Services for over Five years and they perform high quality landscape renovations and lawn maintenance. I will be teaching him irrigation procedures and qualifying his work so he can attain an irrigation license in the future. I have the utmost confidence in his ability to perform these services. I will be running the company and be in charge of hiring & firing. I will be responsible for residential work while Earthcare will responsible for the PUD's. Sincerely, To Kirkland T Pump & Irrigation ACORD- CERTIFICATE OF LIABILITY INSURANCE 0DATE 6/11/ 009 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Adv. Ins. U/W - ESTERO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10600 Chevrolet Way Ste. 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Estero, FL 33928 239 949-1888 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: FCCI Insurance Company Sean McGuinness, Inc. DBA INSURERB: Eathcare Landscape Services INSURER C: 5111 Tamarind Ridge Drive INSURER D: Naples, FL 34119 INSURER E: rnv0owr_Mc 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 NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE D LIMITS A GENERAL LIABILITY GL0005670 05/11/09 05/11/10 EACH OCCURRENCE $1 000 000 GE TO RENTED DAMMIS AES IE occurrence) $1 OO 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $'Z 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 00O 000 POLICY PRCTO- LOC JE A AUTOMOBILE LIABILITY X ANY AUTO CA0008901 05/11/09 05/11/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC49602 05/11/09 05/11/10 TH- X WC STATU- rR 6 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500OOO OFFICER/MEMBER EXCLUDED? Des, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS l.tKI IrIk;AI t r1ULUtK L:AN(:tLL.AI IUN TU Ua s Tor Non-va ment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Collier County Board of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 2800 N. Horseshoe Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Naples, FL 34104 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08)1 of 2 #S5548671M554865 O ACORD CORPORATION 1988 f!/ BUILDING REVIEW AND PERMITTING CONTRACTOR LICENSING SECTION COLLIER COUNTY / CITY OF NAPLES / CITY OF MARCO ISLAND Contractors Licensing Board Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Telephone: (941) 403-2431 Facsimile: (941) 403-2345 ATTACH (TAPE ON ALL SIDES) A RECENT PHOTO OF QUALIFIER. PHOTO MUST BE FULL-FACED, VIEW APPROX. 2" x 2", A CLEAR AND RECOGNIZABLE LIKENESS. APPLICATION TO QUALIFY SECOND ENTITY THIS FORM MUST BE COMPLETED IF YOU WISH TIO INITIATE OR CHANGE THE STATUS OF AN EXISTING LICENSE. READ ALL INSTRUCTIONS AND MAKE SURE YOU HAVE SIGNED WHERE INDICATED. TYPE OR PRINT IN INK. MAKE CHECKS PAYABLE TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS.. ALL CHECKS MUST CLEARLY STATE APPLICANT NAME AND ADRESS. PLEASE ALLOW 2 - 3 WEEKS FOR PROCESSING. FEE a i 1. Applicant's Name (Licensee) ��/ �� tYk µ A-0-4� LICENSE # 27241 UNDER THE FEDERAL PRIVACY ACT, DISCLOSURE OF SOCIAL SECURITY NUMBERS IS VOLUNTARY UNLESS SPECIFICALLY REQUIRED BY FEDERAL STATUTE. IN THIS INSTANCE, SOCIAL SECURITY NUMBERS ARE -MANDATORY PURSUANT -TO TITLE -42 UNITED STATES CODE, -SECTIONS 653 AND-654; AND SECTIONS 455.203(9), 409.2577, AND 409.2598, FLORIDA STATUTES. SOCIAL SECURITY NUMBERS ARE USED TO ALLOW EFFICIENT SCREENING OF APPLICANTS AND LICENSEES BY A TITLE IV-D CHILD SUPPORT AGENCY TO ASSURE COMPLIANCE WITH CHILD SUPPORT OBLIGATIONS. SOCIAL SECURITY NUMBERS MUST ALSO BE RECORDED ON ALL PROFESSIONAL AND OCCUPATIONAL LICENSE APPLICATIONS AND WILL BE USED FOR LICENSE IDENTIFICATION PURSUANT TO THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996 (WELFARE REFORM ACT), 104 PUB.L. 193, SEC. 317. 1 1 /fig/ (Q-W; Place of Birth: (City) i ) V�$ ( )�t S (State) (Nation) Social Security Number Date of Birth S13X: -y' Male _Female ; RACE: _(1) White _; (2) African -American ; _ (3) Hispanic _; (4) Asian _ (5) Indian; (6) Other 20-X1 M aC U! n(W55 2. Name of Business To Be Qualified: Mailing Address: III TCLVKa.r1%&4 �AIAC D. Y' la IQ Las F--A= , -"K 19 Street or P.O. Box —� city State Zip Street Address: (� ( �l1'1Lt f I�IpL ��:e� (� l �r�Ca.S FL . '3 4i lgFL . "3 4� 19 Street ity State Zip Business Phone Number: (23`) +'35 — 51 Tj; Federal ID Number: �5 ` 846 311" APPLICATION TO QUALIFY SECOND ENTITY 3. Applicant's (Licensee) Name: K it -taut Last Applicant's (Licensee) Official Mailing Address of Record: Middle ct3 -TsUc, e-P S+.`Tllm&S (IV(.eS '(z lli e-/ �(. 3l 4 q Street City County State Zip Street Address (if Post Office Box is listed above): Street Horne Phone (Z 3q ) .4OL( — 2(0L17 City County Office Phone ( ) State Zip 4. VERIFICATION OF GENERAL LIABILITY INSURANCE and WORKERS' COMPENSATION (or exemption from Workers Law) INSURANCE (ATTACH A CERTIFICATE OF INSURANCE OR EXEMPTION. I HEREBY AFFIRM THAT I HAVE OBTAINED GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE IN THE AMOUNTS SET FORTH BELOW and workers' compensation insurance (unless exemption has been filed with and approved by the Bureau of Workers' Compensation compliance), for the safety and welfare of the public. I further affirm that 1 have met all continuing education requirements. I understand that it is my responsibility to maintain all documentation supporting this affirmation of eligibility. I affirm that these statements are true and correct and I recognize that providing false information may result in a FINE, SUSPENSION or REVOCATION of my contractor's license. r ToYAv klr kla oT 6I APP ICANT'S SIGNATURE PRINT ORTYPE NAME DAT TO FILE A NOTICE OF ELECTION TO BE EXEMPT from the provisions of the FLORIDA WORKERS' COMPENSATION LAW, contact your nearest Florida Department of Labor and Employment Security, Bureau of Workers' Compensation Compliance office to obtain form # BCM-250-T. APPLICATION TO QUALIFY SECOND ENTITY 5. QUESTIONNAIRE - QUALIFYING A SECOND ENTITY THIS FORM MUST BE COMPLETED BY THE APPLICANT REQUESTING TO QUALIFY A SECOND ENTITY OR REQUESTING A CHANGE TO AN EXISTING SECOND ENTITY QUALIFICATION. THE APPLICANT AND PRESIDENTS (OR PARTNERS/OWNERS) OF ALL COMPANIES INVOLVED MUST SIGN WHERE INDICATED. PLEASE USE THIS SHEET. ONLY USE ADDITIONAL SHEETS IF NECESSARY. A. Explain why you wish to maintain your present license(s) while qualifying this additional business. in a, 6 tt w 5:5- L�a- Ce a v( �� " la, lu 1, - ki l � aqp a� � /i u xses �'I,ec dtcC Y10 I0 -e4o-rh Sri 'en 11;41. B. Has the proposed entity "'en previously qualified? If so, explain why the previous qualifier is no longer willing to continue to qualify this entity. I" C. If the proposed entity has been qualified within the last 12 months, list the last three jobs completed by the proposed entity. Include dates of completion, address, description of work, name of previous qualifier and name of owner. D. List the last three jobs completed by you under your existing license. Include date of completion, __address, description of work, name of -previous qualifier _and -name of owner. _. __ . _ 9-4;K6 h to o2/aq-7� icTiY+�at�an-11r1r. S�I�,,�,n�.a.rm /275oTru�su.re Ln.,iLa�4.s,F{ •3Rto2, C�ovnld.ntp l.av�d� 42�6q — i 1p+L �L✓►'�gw ian —86-AT 2,^AKI2-W51 $oyii4o_ 13ah QcA. J3"F4a. Sea,SJ�Ft �1�Kltf '5 8 -'iK PN,n srn 'hJ�n— fir, S�kumanrt 20o k►h s'�w�1,(IaPl�cs,Fl• 3`Ha2, Re.pouYt�l �e K� �p�0.ee.r�a E. Do the business(s) you presently qualify and/or wish to qualify have any outstanding liens against them or against the property of consumers as a result of construction work or a contract they had with your firm? YES NO __>� If yes, identify business and provide explanation. F. List principal suppliers for the past six months for the business you presently qualify. FtLRf 4 Tff i J0_- `bY1 Suf l'06. aaf(Cs, r-f . G. List principal suppliers for the past six months for the business you are applying to qualify. "o-t- APPLICATION TO QUALIFY SECOND ENTITY H. List persons authorized (currently and in the past 6 weeks) to pull permits on your license(s). I. How are you being paid by the business(s) you presently qualify (examples: salary, % of profits, etc.)? X4 4,*ey J. How will you be paid by the business you are applying to qualify? S/o / K. What percentage of ownership do you have in the present business(s) you are qualifying and what percentage of ownership will you _have in the business you are attempting to qualify? L. Do you (applicant) have check writing authority for the present and proposed entity? YES _ NO X If yes, provide a letter from the bank. --M -List officers- or artners, owners ofbus riess ou-are a in to ualif and ive title/ osition held. C p ) Y pp Y g q Y g p N. List officers (or partners, owners) of business you presently qualify and give title/position held. oYl Cl & lam d Pr O. Do the business(s) you presently qualify and wish to qualify have any other licenses presently qualifying those businesses? YES NO_. If yes, list licensee's name, license number and address. P. Submit notarized statements signed by an authorized agent of the entity(s) you presently qualify and from an authorized agent of the proposed entity attesting to the fact that each is aware of what entity you presently qualify, and what entity you are requesting to qualify. APPLICATION TO QUALIFY SECOND ENTITY 6. FINANCIAL RESPONSIBILITY. All applicants/licensees must answer the questions below. If you answer "yes" to any of the questions, a written explanation is required. Additional documentation is also required, as indicated. If you are applying to qualify a corporation, partnership or other legal business entity, ALL OFFICERS OF THAT ENTITY MUST ALSO EXPLAIN IF ANY OF THE BELOW WOULD PERTAIN TO THEM. This would include the president, vice president, secretary, and/or partners or owner of the proprietorship. HAVE YOU, the business organization, or any of the above mentioned individuals in any capacity ever: YES NO A. Undertaken construction contracts or work that a third party, such as a bonding or surety company, completed or made financial settlements? B. Had claims or lawsuits filed or unpaid or past due accounts by your creditors as a result of construction operations? 4 C. Undertaken construction contracts or work which resulted in liens, suits or judgments being filed? D. Had a lien filed against you by the U.S. Internal Revenue Service or Florida Corporate Tax Division? If "yes", you must attach a copy of the Notice of Lien, and any payment agreement, satisfaction, Release of Lien or other proof of payment. E. Made an assignment of assets in settlement of construction obligations for less than the debts outstanding? F. Been charged with or convicted of acting as a contractor without a license, or if licensed as a contractor in this or any other state, been "subject to" any disciplinary action by a state, county, or municipality? If "yes", you must attach a copy of any state, county, municipal or out-of-state disciplinary order or judgment. Fi.led_for_or_been.. discharged.An_bankruptcy--wi.thin-.the-past-five- years? --If'!yes",-you must attach -a ----- copy of the Discharge Order, Order Confirming Plan, or if a Corporate Chapter 7 case, a copy of the Notice of Commencement. H. Been convicted or found guilty of, or entered a plea of polo contenders to, regardless of adjudication, a crime in any jurisdiction within the past 10 years? NOTE: IF YOU, THE APPLICANT/LICENSEE, HAVE HAD A FELONY CONVICTION, PROOF THAT YOUR CIVIL RIGHTS HAVE BEEN RESTORED WILL BE REQUIRED PRIOR TO LICENSURE. NOTE: The Board requires any applicant/licensee who answers "yes" to any question contained in the Financial Responsibility Section of the Application to supply a complete explanation of the response, and include a statement detailing the steps taken by the licensee to prevent a recurrence of the circumstances leading to the conviction, discipline, judgment, bankniptcy, or other event leading to the response. You must include any proof of payment, satisfaction of liens, judgments and bankruptcy discharge papers in your submittal, if applicable. Applicants may be required to appear before the Application Review Committee to answer questions regarding such responses. 7. CREDIT REPORT (Reports that do not include the following information will not be acceptable) Reports for the present and proposed entities must be submitted (not more than six months old) from a nationally recognized credit- reporting agency and must be submitted before an additional license can be issued. If you are applying to qualify as an individual, the credit report must be on you. If you are applying to qualify a business organization, the credit report must be on the business organization. If your business is newly established, you will ALSO need to submit credit reports on the following: the newly formed business and the majority owners holding 25% or more interest PLUS letters from three construction related suppliers indicating that an account either exists or has been opened for the entity you are applying to qualify. A credit report is also required for the entity that you are presently qualifying. APPLICATION TO QUALIFY SECOND ENTITY Make sure you give written authorization to the credit agency so they can accurately check your credit references. Federal, State, County (including all counties within the State of Florida) public records pertaining to judgments, bankruptcies, and tax liens must be searched and results noted on the credit report. The credit report must include a public records check of the.home counties and all other counties where 25% or more of the contractor's work has been done over the last three years. (If public records reflect unsatisfied obligations, attach written explanation and legal documentation.) The credit report must reflect officers, partners, and proprietors and FEIN and Social Security numbers. Attach a credit report(s) from a nationally recognized credit-reporting agency to this application. If you are unable to receive the credit report, you may have a credit agency send the credit report directly to: Florida Construction Industry Licensing Board, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467, and comple this statement: TV- P�Q fiSir�C io�1 E-a+roe"p- land dae Ser✓d-e'n I have requested a credit report(s) on- '-06r1 K4- - SAmA ftA& lliAAASS Date (p a $ 09 (PR POSEDENTITY fND PRESENT ENTITY), to be sent directly from M 0_ri+ 0y-s i-4- .snrk_. (NAME OF CREDIT REPORTING AGENCY) S. CORPORATIONS - ATTACH A COPY, of the current Annual Report Form fled with the Florida Secretary of State or, if your corporation is newly established, attach a copy of the Florida Certificate of Incorporation for the proposed and present entities, if applicable. All foreign (out of state) corporations must register with the Florida Secretary of State (850) 488-9000. 9. FICTITIOUS NAME - ATTACH A COPY of the recorded Fictitious Name Registration from the Division of Corporations; also submit a copy of the filed application or newspaper article for the proposed and present entities, if applicable. (This does not apply to corporations using their registered name.) 10. ORGANIZATIONAL RELATIONSHIPS - Do you qualify any business other than the business you -- — - — are -applying to qualify? -YES - -�Ta - -�If -"yes what percentage of the business do you own (if any)? %). Contact Board office for guidelines to ualify mo e than Qne business. 5t� r�Yt.e.6-7u.I �ss ,C. �E3A-/ Company Name: �Q�ir/Gri.2 L�•rl+•� Jc „�.• �— Jw0' c c-=T- Company Address: 5 c d"Z' Your License Number: �, C. 12 y- 6 a 11. PROOF OF CONTINUING EDUCATION IS REQUIRED when reactivating or reinstating a license. When reactivating or reinstating your license, you must attach a copy of your Certificate of Completion from a Board approved sponsor. You must provide proof of your continuing education hours, equal to those required of an active licensee, during the period of time your license was delinquent or inactive (beginning December of 1993). AFFIDA VIT I, and correct to the best of my knowledge. STATE OF FLORIDA COUNTY OF certify that the foregoing is true AUTIfORIZED OFFICER FOR THE FIRM The foregoing instrument was acknowledged before me this (DAT by �a,nu �'CrY io�ItiD� of TK PtA M-10 4 (NAME F OFFICER, TITLE/AGENT) (NAMr, OF CORPOR ION) a r I oy-(ka— corporation, on behalf of the corporation. He/She has (STATE OR. PLACE OF CORPORATION) produced briv"(S I i c as identification and did not take an oath. ----- ----(T-YPESJE-IDENTIFICATION) ----------------- - ---- -- -- - - �'Od h"- c U), SIGNATURE OF NOTALY Z SHANNON W98T _ �blMii�'11N � EypiM �M�N (PRINLd =QW NOTARY PUBLIC AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County Ordinance 90-105, as amended, and vouches for the truth and accuracy of all statements and answers herein contained. The undersigned hereby certifies that he/she 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/she has full authority to supervise construction undertaken by himself/herself or such business or organization and that he/she 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. :!:n-,It it V. fa -lam ' APPLICA T (PLEASE PRINT) NAME/OF COMPANY f SIGNATURE OF APPLICANT STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by (DATE) i who has produced Lo � D. L (NAME OF PARSON ACKNOWLEDGING) (TYPE OF ID NTIFIC ION) as identification and who did not take an oath. OMwM�M (PRINT l Rfftl'1!' M NOTARY PUBLIC RESOLUTION OF AUTHORIZATION WHEREAS, F. aAh tc(a- Lcc Ytd Sege S��r� �-S proposes to engage in (NAME OF BUSIN&S9 E ITY). contracting as a- &(- (TYPE OF LEGAI rc��4 Ian ENTITY: CORP., PARTNERSHIP, ETC.) in Collier County, Florida, according to Collier County Ordinance 99-45, and WHEREAS, Ep_ (4+% C-aY`Z U�- &S Q e se(,VrI O.L S proposes to qualify for a Certificate (NAME OF BUSINESS ENTITY) of Competency with TbYtN K rk(" (NAME OF INDIVIDUAL) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: S�0.n 1'YN w el6-0 S51J1 0- • 11 Nk/ We the undersigned N? ice" IIK5 of KO are- La Y1d.SUL," gp-f'' aeShereby (OFFICERS, OWNERS, PARTNERS) (NAME OF BUSINESS ENTITY) resolve and represent to the Collier County Contractors' Licensing Board that the qualifying agent, To h y �N�� K�ga�r'l� , is active in all matters connected with the contracting business of SGaY1�1MaC.lOwVl�ItSS ,jy �,r�t-Inn n rp d sn L. Scrri L+e5 • , and (NAME OF BUSINESS ENTITY) We further resolve and represent that --T-O"Y V-Y V- (Ot- C( is legally empowered ' (NAMI�OF INDIVIDUAL) 5ea-n 1'Ylc wrlYla.ss, to act for k:-o_yq 1' &CL(-2LA5d-0-A3P- in all matters connected with its contracting business, (NAME OF BUSINESS ENTITY) S�-�'1 fi�CC7t.�ra'1f!1.2s5 ��Yl ►�. D8� and has the authority to supervise construction undertaken by Fir-1-� �G ►� �-n d,$(� to p2 S�-f��. (NAME OF BUSINESS ENTITY) (Officers, Partners, Owners — with Designation underneath) Corporate Seal (if applicable) or Certificate r Sworn to and subscribed before me this fkday of , 20CA by NOTARY PUBLIC NAME PRINTED COMMISSION NUMBER 00641-7110t MY COMMISSION EXPIRES: 0 Public .Y PUBLIC SIGNA www.sunbiz.org - Department of State Page 1 of 1 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List Fictitious Name Search No Filing History FSubmit Fictitious Name Detail Fictitious Name EARTHCARE LANDSCAPE SERVICES Filina Information Document Number G08315700033 Status ACTIVE Filed Date 11/10/2008 Expiration Date 12/31/2013 Current Owners 1 County COLLIER Total Pages 1 Events Filed NONE FEI/EIN Number NONE Mailing Address 5111 TAMARIND RIDGE DRIVE NAPLES, FL 34119 Owner Information SEAN MCGUINNESS, INC. 5111 TAMARIND RIDGE DRIVE NAPLES, FL 34119 FEI/EIN Number: 65-0403149 Document Number: P93000032730 Document Images 11/10/2008 - _REGISTRATION. 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 Fictitious Name Search No Filing History Submit I Horne I Contact us I Document Searches I E-Filing Services I Forms Help I Copyright and Privacy Policies Copyright (c, 2007 State of Florida, Department of State. http://www. sunbiz. org/scripts/ficidet. exe?action=DETREG&docnum=G08315700033&rd... 6/10/2009 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 FSubmit Detail by Entity Name Florida Profit Corporation SEAN MCGUINNESS, INC. Filing Information Document Number P93000032730 FEI/EIN Number 650403149 Date Filed 05/03/1993 State FL Status ACTIVE Principal Address 5111 TAMARIND RIDGE DR. NAPLES FL 34119 US Changed 01/24/2005 Mailing Address 5111 TAMARIND RIDGE DR. NAPLES FL 34119 US Changed 01/24/2005 Registered Agent Name & Address MCGUINNESS, SEAN 5111 TAMARIND RIDGE DR. NAPLES FL 34119 US Name Changed: 01/24/2005 Address Changed: 01/24/2005 Officer/Director Detail Name & Address Title PTDS MCCGUINNESS, SEAN 5111 TAMARIND RIDGE DRIVE NAPLES FL 34119 Annual Reports Report Year Filed Date 2007 02/16/2007 2008 02/15/2008 2009 01/28/2009 http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P930000327... 6/10/2009 www.sunbiz.org - Department of State Page 2 of 2 Document Images 01/2.8..../2009 -- ANNUAL REPORT View image_in PDF format 02/15/2008..--.ANNUAL REPORT View image in PDF format 02/16/2007--_ANNUAL REPORT View image in PDF format 01/23/2006 --_ANNUAL REPORT View image in PDF format 01/24/2005 -- ANNUAL REPORT View image in PDF format 04/1.2_/2004 --_ANNUAL REPORT View image in PDF format 01/.2..112003 -- ANNUAL RE..PORT View image in PDF fqrmai771 02/13/2002--.ANNUAL _REP ORT View image in PDF format 04/03/2001 -- ANNUAL REPORT View image in PDF format 03/31/2000__-- ANNUAL REPORT View image in PDF format 03/10/1999 ..-...ANNUAL REPORT View image in PDF format 04/2,0/1998--.ANNU,AL RE_P_ORT View image in PDF format 03/14/1997..--.ANNUAL_REPORT View image in PDF format u4/1t (199.6 -- ANNUAL REPORT View image in PDF format 03/17/1995_-- ANNUAL REPORT 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 No Events No Name History Home I Contact us ( Document Searches I E-Filing Services I Forms I Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Entity Name Search Submit http : //www. sunb iz. org/scripts/c ordet. exe? action=DETFIL&inq_doc_numb er=P93 0000327... 6/ 10/2009 June 8, 2009 Collier County Licensing Board To Whom It May Concern: I am aware that I, TK Pump & Irrigation will continue to qualify myself and also qualify Sean McGuinness, Inc. DBA Earthcare Landscape Services. Sincerely, Oe flnykland TK Pump & Irrigation Canm9 W0817119 Edna 1U2QWO Fbft NO"AWL. Inc &/e1/n 9 EARTHCARE LANDSCAPE SERVICES 5111 Tamarind Ridge Drive * Naples, FL. 34119 Sean M. McGuinness * Phone 239 455 5188 / Fax 239 353 8077 June 8, 2009 Collier County Licensing Board I am aware that TK Pump & Irrigation will continue to qualify himself and also qualify me,Sean McGuinness, Inc. DBA Earthcare Landscape Services. Sincerely, Sean McGuinnes SeanMcGuinness, Inc DBA Earthcare Landscape Services Comma WD51T119 E0681112812010 Florida NaWYASN ., M ��ojrI6 7 June 8, 2009 Collier County Licensing Board Re: Liens & Judgments To Whom It May Concern: There are no outstanding liens or judgments against the TK Pump & Irrigation or Sean McGuinness, Inc / DBA Earthcare Landscape Services, or against consumers that are a result of work performed by them. Tony Mrkland Date TK Pump & Irrigation /14--�' & /0 r/0' Sean McGuinness Date Sean McGuinness, Inc./ DBA Earthcare Landscape Services SHANNON WEST a Cantu# Op0617119 • Expires 111A120'10 ; Fb ttNoWYA81n = KS24-$t O Y cns c mev: &W � x i1�cat� isoro. ^ N72080414W2 �1f7lG4� i 7 +rran�r n of a motor cQi+stkiNe!t nx* wv to MN set ok" test to qtw d by t— OM 47 )pto MW sobriety test required by law. 06/08/2009 13:20 2392773258 MERIT CREDIT PAGE 06/08 Page 1 of I Prepared By: Merit Credit (239) 277-3202 (800) 371-3348 TRANSUNION CREDIT REPORT [FOR] [SUB NAME] [MKT SUB] [INFILE] [DATE] [TIME] (I? Z NP3343169 MrQTT t`.RRnTT 16 NP 6/89 06/08/09 11:47CT (SUBJECT) KIRKLAND, TONY C. (CURRENT ADDRESS) 3630 SE, 4TH AV., NAPLES FL. 34117 [FORMER ADDRESS] 2150 S. 54TH E AV., NAPLES FL. 34117 135 PO BOX 135, FORT STEWART GA. 31314 (CURRENT EMPLOYER AND ADDRESS) T & K PUMP ISSN) [BIRTH DATE] 11/60 [DATE RPTD] 2/98 9/95 [POSITION] (VERF1 [RPTD] [DIRE] PRESIDENT 3/07 3/01 9/04 (FORMER EMPLOYER AND ADDRESS) STAHLMAN IRRIGATION 1/98 SP~ECIA+L M E S SAGES ***ADDRESS ALERT: CURRENT INPUT ADDRESS DOES NOT MATCH FILE ADDRESS ES)*** M 0 D^E L P R O F I L E ***FICO CLASSIC 04: NOT SCORED: INSUFFICIENT CREDIT *** ------------• ------------- -^ C^R E D I T S U M M A R Y *** T O T A L F I L E H I S T O R Y pR=O COL=9 NEG=1 HSTNEG=1-9 TRD=3 RVL=O INST=O MTG=3 OPN=O INQ=2 ---------------------------------------------------------------------------- C 0 L L F C T I 0 N S SUBNAME SUBCODE ECOA OPENED CLOSED $PLACED CREDITOR MOP ACCOUNT# VERIFIED BALANCE REMARKS GULF CST COL Y 1X51,001 1 1/09 $519 MEDICAL 09B 3623860 6/09A $519 PLACED FOR COLLECTIO GULF CST COL Y 1X5L001 I 2/09 $474 MEDICAL 09B 3656368 6109A $474 PLACED FOR COLLECTIO GULF CST COL Y 1X5L001 I 1/09 $2047 MEDICAL 09B 3623859 6/09A $2047 PLACED FOR COLLECTIO JON BARRY Y 47VQ001 I 2/09 $9313 MEDICAL 09B 8947511 4/09A $9313 PLACED FOR COLLECTIO JON BARRY Y 47VQ001 TMEDICAL 09B 8947627 894 4/09A $3447 PLACED FOR COLLECTIO JON BARRY X 47VQ001 1 MEDICAL 9B 8947631 894 4/09A $3430 PLACEDFOR COLLECTIO JON BARRY X 47VQOOI 1 2/09 $1043 MEDICAL 09B 8947622 4/09A $1043 PLACED FOR COLLECTIO NATIONWD REC Y 27BJOOI I 10/08 $509 MEDICAL 09B 3434585100010000 2/09A $509 PLACED FOR COLLECTIO httns://www.cxeditsystem.COanVfalcon 06/08/2009 13:20 2392773250 MERIT CREDIT PAGE 07/08 Page 2 Of I NATIONWD RFC Y 27BJOOI I 10/08 $509 $509 MEDICAL 09B PLACED FOP, COLLECTIO 343394BIOOGIOOOO 2/09A T R A D E S SURNAME SUBCODE OPENED HIGHCRED TERMS MAXDELQ PAYPAT 1^12 MOP ACCOUNT# VERFIED CREDLIM PASTOUE AMT-MOP PAYPAT 13-24 30/60/90 ECOA COLLATRL/LOANTYPE CLSD/PD BALANCE REMARKS 360MB07 MO 9/04 332211111111 M03 BACHOMELOANS Q 427SO02 12/97 $88.OK 03 121111111112 5753688 11/04A $0 I VA REAL ESTATE MO 11/04C $0 CLOSED 29 7/ 2/ 0 NEW CNTY MTG F 1YP6002 11/04 $132K 36OM941 1XX11 MOl 1964813 4/05A $O I CONVENTIONAL REAL 4/05C $0 TRNSFRD: OTHER LENDER 5 0/ 0/ 0 LITTON LOAN F 9023004 11/04 $132K 36OM941 MUR 13844972 5/05A $0 I CONVENTIONAL REAL 5/05C $0 CLOSED ---------------------------------------------------------------------------- I N Q U I R I E S DATE SUBCODE SURNAME DATE SUBCODE SURNAME 6/08/09 ZNP3343169(FLA) MERIT CREDIT :11/14/08 YQE4122247(IND) NRS AGENCY -----------^-----^--- C R E D I T R E P O R�T S E R V I C E D B Y 800-888-4213 TRANSUNION 2 BALDWIN PLACE P.O. BOX 1000,CHESTER, PA. 19022 Consumer disclosures ca-a be obtained online through TransUnion at: http://www.transunion-com CREDITORCONTACTINFORMATION YC1kC5LOO1 ($66) 753-7467 GULF CST COL ATTN ROY DILLARD SARASOTA 34232 (800) 868-1899 JON BARRY YC47VFL. P 0 BOX 127 CONCORD C. 28026 (423) 472-4600 NATIONWD REC YC27B POB $005 CLEVELAND TN. 37320 BACHOMELOANS OZ427SO02 (800) 669-6607 450 AMERICAN ST SIMI VALLEY CA. 93065 NEW CNTY MTG FMIYP6002 210 COMMERCE IRVINE CA. 92602 (800) 888-9646 LITTON LOAN FM9$23004 4828 LOOP CENTRAL HOUSTON TX. 77081 NRS AGENCY Y 4122247 545 W INMAN STREE CLEVELAND TN. 37311 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 _(D— SOURCES OF INFORMATION: CREDIT DATA SERVICES, INC/EX PERIAN 1,rrr,e•/A7v-% rw rrr.ditsystem,corndalcon 06/08/2009 13:20 2392773250 MIERIT CREDIT PAGE 08/08 Page 3 of I 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• httn�-//ww ,credxtsystcxn-conVfalcon EXPERIAN BUSINESS REPORT PAGE RPT MTN TIME PORT TYPE 1 06/0812009 11:42:22 -ALl REPORT 404 _ _ ----------- Ty PUMP & ;EgRIGATIOM LLC BIN• 745360322 93 ISLE or SAINT THOMAS NAPLES FL 34114-9401 PHONE: 239-404-2648 --- CQMPANY DESCRIPTION ------------- THE PRIXny BUSMSS FOR 'SIC PUMP & IRRIGATIM LLC IS INDUSTRIAL MAcHlNBRY AND EQUIPXBN (SIC 5064). THEY ORIGINALLY FILED TO DO D013INESS 00 APRIL 26. 2005. TRADE PAYMENT INFORN"'ON ------------------------- TRADE PAYXSNT EXPERIENCES (TRJOU LSNES WITH AN t*} AFTER DATE REPOYiTED ARE XIEWLY REPORTED) RECENT -- --- ACCOUNT STATUS ----- NIGH -DAYS PAST DUE- laUSINESS DATE LAST PAYMENT CREDIT 19ALANCE 1- 31- 61- CATEGORY REPTA SALE TERMS $ $ CUR 30 60 90 91+ COkUENT PRNTG&PUSS 05-09 VARxlm 2200 2200 100% PAYMENT TOTALS CONTINUOU.$)sY REPORTED( '1) : 2200 2200 100%DBT: 105 COPYRIGHT 2009 SXT?RRIAg 1"ORMATION SOLUTIONS, INC. ALL RIGHTS RESERVED. +*CONTIK=V * * 80/00 39Vd lI NO 1I83W 89Z6LLZ6EZ 0Z:6Z 600Z180190 EXPERIhN BUSINESS REPORT ---------- ------------ - -------`-"----------- PAGE 2 06/06/2009 TK PUMP E. IRRkGATION LLC BIN, 745360322 ----��v---- ---------- -- — - COMPANY BACKGROUND INFORMhTION THE FOLLOWING WAS PROVIDED BY THE STATE OF FLORIDA. CURRENT STATUS ACTIVE BUSINESS. AGENT 13 KIRKLAND TONY C LOCATED AT 221 PERKINS DR, NAPLES, FL• PRIMARY PRODUCT/SRRVICB: ZNWXISTRIAL VACXXNERY Am XQUIPMRXT-WHOL 9TC: 5084 NO. OF EMPLOYERS x I ESTIMATED SALES 0100,000 FEDERAL ID = 34-2045290 PRINCIPAL(g) x TONY ICZRl�LAND TITLE: OWfFFrR TUB INFORMATION RERUN IS FURNISHED IN CONFIDENCE FOR YOUR EXCLUSIVE USE FOR LEGITIMATE BUSINESS PURPOSES AND SHALL NOT BE REPRODUCED. NEITHER EXpgR%AX INFORMATION SOLUTIONS, INC., NOR ITS SOURCES OR DISTRIBUTORS WARRANT SUCH INFORMATION NOR SHALL THEY BE LIABLE FOR YOUR USE OR ARLIANCE UPON IT. COPYRIGXT 2009 EXPERIAN XXVOR14ATION SOLUTIONS, INC. ALL RIGiHTS RESERVED. **END REPORT** MERIT CREDIT HAS RETRIEVED THE ABOVE BUSINESS REPORT FOR LICENSING PURPOSES AS REQUESTED BY THE )DU52NESS OWNER/PROPRIETOR, PUBLIC RNCORD9 FOR THIS REPORT HAVE BEEN CRgCK8D A2+T1ti VERIFIED AT THE COUNTY (INCLUDING PINELLAS), STAIN AND FEDEPAL LVVBLS . PUBLIC RECORDS LEARN901 —0— SOURCES OF INFORMATION: RXPERIAN BUSINESS INFORMATION SER'VSCES IRS LIEN SECTION COUNTY COVRTBOUSE RECORDS IF YOU HAVE ANY guzoxIONS REGARDING TRYS REPORT, PLEASE CONTACT MERIT CREDIT AT: 1-800-371-3348 OR 239-277-3202. 80/90 39Vd lIG3dD II83W BSZELLZ66Z 0Z:EZ 600Z/80/90 06/08/2009 13:20 2392773258 MERIT CREDIT PAGE /08 EXPERIAN BUSINESS ARPORT PAGE RPT DATE TIME PORT TYPE 1 06/08/2009 12:12z46 -ALa REPORT 404 y m•A, yR---- y-^ SEaGUINNESS,INC. D/H/SIN: 845432752 ZUTHCARE Z,ANDSC"l SERVICES FILE NOTABLISHED2 JAN. 1992 511). TAMARIND RIDGE DR PHONE= 239-455-5188 MAPLES YL 34119-2831 -- ^------- ------------ - EXECUTIVE SUMMARY ----------------- THE PRIMARY BUSINESS FOR 9EAN MCGUINNESS INC D/B/A BARTHCAR'L LANDSCAPE SERVICES 1.9 LAW & GARDEN SERVICES (SIC 0782) WITH A SECONDARY BUSINX30 CATBGORY OF MISCELLANEOUS PERSONAL SERVICES (SIC 7299). DAYS BEYOND TERMS (DBT) FOR, EARTHCARE LAND,SCAPX SERVICES AS OF 06/08/09 7 ** THIS BUSINESS IS PAYING, ON AVERAGE, PREDICTION FOR 08-05-09 7 7 DAT(S) LATER THAN INVOICE AUE DATE.** DBT NORMS LANASCAPE & HORT SVC: 5 ALL INDUSTRIES: 7 THE MOST FROQUENT PURCHASING TERMS IN TIM LANDSCAPE & HORT SVC INDUSTRY ARE: CREDIT, N9T 30 AND CONTRCI` DBT RANGES BASBD ON CURRENT PAYMENT BEHAVIOR: THIS BUSINESS'S RANGE =rF 80% OF U.S_ BUSINESSES HAVE A DDT OF 0 - 15, 11% OF U.S. BUSINESSES HAVE A UST OF 1.6 - 50, 5% OF U.S. BUSINES099 HAVR A DBT OF 51 - 90, 4% OF U.S. B'USINE9SES X;,VE A DOT OF OVER 90, HISTORICAL PAYMENT GUIDE 6 MONTH ACCOUNT BALANCE RANGE : $300-$2200 (CURRENT TOTAL: $400) HIGHEST CREDIT AMOUNT EXTENDED: $4400 (MEDIAN: $400) INDUSTRY PAYMENT COMPARISON HAS PAID SOONER THAN 50% OF RELATED FIRMS PAXt4ENT TREND INDICATION NO TREND IDENTIFIABLE SIa=FICAnT DEROGATORY DATA: NONE REPORTED COPYRIGHT 2009 EXP)MIAN INFORMATION SOLUTIONS, INC. ALL RZOIrTS RESSRVED. **CONT'INUED* * 06/08/2009 13:20 2392773258 MERIT CREDIT PAGE 02/08 EXPERIAN OUSINiESS REPORT PAGE--2-06/081aoo9-SEAN-XCGUINNESS-VNC D/B/A aI�'t: 645432752 EARTHCARB LANDSCAPE SERVICES - ---^---�^--------------- ----- TRADE PAYMENT INFORMATION TRADE PAYMM;T EXPERIENCES (TRADE LINTS WITH AN (*) AFTER DATE REPORTED ARE NEWLY RLPORTED) RECENT ------ ACCOMU STATUS ------ HIM -DAYS PAST DUE- BUSIN938 DATE LAST PAYMENT CREDIT BALANCE CUR 30 60- 61- $ 90 91+ COAIDQENTS C,ATEWRX RFEPTD SALE TERMS $ --- - - - - - - - - - - - - - - - - FINCT, SVCS 06-09 --- 05-09 NET^ 4400 200 10076 10096 PRNTQ&PUBL 05-09 VARIFa? 400 200 PAyN,I T TOTALS COIgTIN[FOUSLX REPORTED ( 2 } 4900 400 55% 45% DBT: 7 ADDITIONAL PAYMENT EIXPSRIENCSS ACCX SVCS 12-07 11-07 VARIED 0 px1a BIND 11-07 13.-07 RAT 10 100 IOb 100$ PAYMENT TRENDS (BASED ON CONTINUOUSLY REPORTED TRADE LXNE9) LANDSCAPE & noRT SVC INDUSTRY: SIC NO. 078 -DAYS PAST DUE - INDUSTRY BUSINESS BALANCx 1- 31- 61- CUR DBT DDT CUR 30^ 60� 9D91+ - AS OF 06/03/09' N/A N/A ---Y$--- 7 400 2000 55% 45% 100% 05-01-09: 94% 5 0 2 1800 89% 11$ 04-01-09: 94% 5 1 800 98% 2% 03-01.-09: 9496 5 0 300 100% 02-01-09= 949e 4 2 1500 87% 13$ OI^ai-09= 9,J% 4 6 Soo 63% 37% 12-01-08: 94% 3 COPYRIGHT 2009 EXPERIAN INFORMATION SOLUTIONS' INC. ALL RIGHTS REORRVSD_ * *CONTIIMBD* * 06/08/2009 13:20 2392773258 MERIT CREDIT PAGE 03/08 19Xl?ERIAX BUSIN999 REPORT PAGE 3^06/08/2009 SEAM WGUINlMSS INC D/B/A SYNs 845432752 EARTHCARE LANDSCAPE SERVICES PAYMENT XXSTORY--(XARTERL3r AVERAGES 1ST-0-09 (JAN-X&R) : ATE-0-08 (OCT-DEC): 3RD-Q-08 (JUL-SEP) 2ND-Q-08 (APR-JUN)c IST-9-08 (JAM -MAR): -DAYS PAST I=- BALWOR 1— 31- 61— DDT $ CUR 30 60 90 914 — 2 — 1000 92% 7% 1% 2 1400 87% 13% 0 1100 100sk 0 300 100% 0 0 COMPANY BACKGROUND XNFORMATION PRIMARY PRODUCT/SERVICES ADDL PRODUCT/SERVICES ADDL PRODUCT/S3PVICES - DATE FILED YEARS IN BUSINESS NO. OP' EMPLOYRES ESTIMATED SALES FEDERAL XD - PRINCxPAL(S) LAWN AND OARDSH SERVICES MISC: PERSONAL SERVICES, N9C LANDSCAPE COUNSBLING AND PLANNING 17.%30/2008 1 1.S �153,000 65-0403149 SEAN MCGUINNSSS SIC; 0782 SIC: 7299 SIC: 0781 TITLE; OWX9R THE INFORMATION HEREXN IS )FURNIBMW IN CONFIDENCE FOR YOUR EXCLUSIVE USE FOR LEGITIMATE BUSIXESS PIIR.POSE$ AM SHALL NOT BE RZPRODUCED. NEITHER RXPRRIAN INFORMATION SOLUTYONSa tNC., NOR ITS SOURCES OR DISTRIBUTORS WARRANT SUCH INPORMATION HOP, SHALL THEY BE LIABLE FOR YOUR USE OR RELIANCE UPON IT, COPYRIGHT 2009 XXpZRIAX INFORMATION SOLUTIONS, INC. ALL RTGHT5 RESERVED. *FEND REPORT" VBMIT CREDIT HAS RETRIEVED THE ABOVE BUSINESS REPORT Vol LICENSING PURPOSES AS REQUESTED BY THE BUSYNESS OWNER/PROPRIETOR. PUBLIC RECORDS 8OR THIS REPORT HAVE BEEN CHECKED AND VERIFIED AT THE COUNTY (INCLUDING PINELLAS), STATE AND FEDERAL LEV LS . PUBLIC RECORDS LEARNED; _0_ SOURCES OF INFORMATTONs EXPERIAN BUSINESS INFORMATION SERVICES IRS LIXN SECTION COUNTY COURTHOUSE RECORDS IP YOU RAVE AM QULSTIONS REGARDING THIS REPORT, PLEASE CONTACT WZRIT CRIPIT AT: 1-800-371-3348 OR 239-277-3202. ��.. Bus ni s Chet =rig 01 031 130 0 34 168,729 0 fa '1TACHOVIA .r..r �. irr��Yr�ti �rrr��rrr�ir�rrr{rri�� 0 TK PU I & IRRIGATION► LLC 93 IS ES aF ST TH:QMAS CB_. NAPLE,, FL4i14 :. . 2/28/2009 thru 3/31/20"09 i�Slll� Sri l C Account number: Account owners : & IRATE N, LLC Account Summary . Opening -balance 2/2& $2,617.37 Deposits and other credits j 1.4 46122 Checks 6,006.99 Automated Checks ( 113.49 = -= Other withdrawals and service fees 7,050.18. - Closing balance 3131 $3,909.93 Deposits and Other Credits lAmunt Description 3/02 ,100Ao DEPOSITDate I c 3/05 24.29 REFUND . WALGREENS #6070 03/04 u 4828801969404 WLES FL 4014V706707 3/06 5.00 DEPOSIT _ 3/09 5.39 . COUNTER DEPOSIT 3/09 - 94.10 _ DEPOSIT00 3/11 ,4 .31 ' . DEPOSIT 3/13 0.00 DEPOSIT 3/16 b.00� IbEPOS17 _ 7 &00 -DEPOSIT 15:U0 DEPOSIT 3/20 ,0 o.00� DEPOSIT 3/23 5.001 DEPOSIT _ 3/24 50.00� , DEPOSIT 3/25 �900:OOb . COUNTER DEPOSIT 3130 w4, 8.13 DEPOSIT 3131 5.00 Total 14,463.22 DEPOSIT WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 1 of 9 Chcs Num�ei,Aid 'mt216't . ` 4f 1219* *;'end r k air kitrche�k WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 2 of 9 WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 3 of 9 B71Snu O er 'w awals Date A1"ount P/1 6 3/16- 3/1 V-142-89 -Js2-0Q 20-.,00 3 1 16 J1406.606 8/16: 17 -2 j80 - VIT 3/18 7.00 3118-1 3A 6 .237.00 1 3/19 J510.25 DIME Other .Withdrawals and 5 WACHOVIA BANK, N.A., sIntinued on next "page. RATTLESNAKE HAMMOCK page 4 of 9 Sl 0 34 168,733 VA' CHOVIA. _ Other W, Uhdrawals and Service. Fees continued oats Aunt Description 3/24 5.05 PURCHASE SHELL OIL 57542515 03/22 NAPLES'-.. FL 4014V275486 3/24 k)g.28 g PURCHASE WALGREEN COMPANY12784 03123 NAPLES FL 40141216407 3/24 V127.50 UTOMATED DEBIT TK PUMP & -tRRIGA PC FUNDING 0 MSC .10,60-' 1060 3/24 t6i.gb PURCHASE PUBLIX3350`TAMIAMITRA.03/23 NAPLES FL 40141703328 3/25 202.00 WITHDRAWAL ATM EXPRESS 03/24 6100 CLOLLIER BLV NAPLES FL4014N830259 '= 7-ELEVEN 10318 03/24 3/26 t111.85 = ,.PURCHASE NAPLES FL 4014V256957 3/26 ,% v 33.06 PURCHASE. EXXONMOBIL 1286 03124 /40,49 NAPLES FL 4014V233780 OIL 57542486:. 03/24. 3/26 16,RCHASE .. SHELL NAPLES - FL 4014V285486 - 3/26 J00.'00 WITHDRAWAL PEBBLEBROOKE PLAZA FIN 03/25 � 15219 COLLIER BLV NAPLES FL 4014WO01485 3/27 V4.55 PURCHASE DAIRY QUEEN #14049 03/26 NAPLES FL 401,4V272060 3/27 11.04;,RURCHASE WALGREENS #4524 03/26 NAPLES FL 4014V246975 - 3/27 IA6.71 PURCHASE ..: WALGREENS #4524:' ` 03/26 g NAPLES FL 4014V276975 3/27 a24.741 PURCHASE NST KMART 2319 03/26 a NAPLES FL 401.41721869 3/27 %/400 00 1 WITHDRAWAL RATTLESNAKE F C 03/26 g 8615 COLLIER ROAD NAPLES FL 4014WO09939 1 3/30 V33.66 w i PURCHASE `SOU WET SEAL #151 W" 03/27 ` NAPLES FL 40141931005 35-51 PURCHASE. X-L. PETROLEUM IN 03/26 # NAPLES FL 401.4V277390 3/30 V'47.70 PURCHASE NNT FAST FIX JWLRY 2303 03/27 NAPLES FL 3/30 J49.78 PURCHASE WAL-MART #5055 03/27 NAPLES (SE) FL 3/30 Vi 16.20 PURCHASE WAL-MART #5055 03/27 ��/ NAPLES (SE) FL 4�1�� 3/30 L 99.00 - PURCHASE DISH NETWORK -ONE T _03/26 800-333-3474 CO 4014V240040 3130 d00.00 ._ WITHDRAWAL DOWNTOWN NAPLES 03/28 900 5TH AVE S.,ST NAPLES FL 4614W009089 Other Withdrawals and Serum Fees continued on next page. WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 5 of 9 �771 sin -;,764- - {thee: it W xredz Date 4_7 240., 0 WdTHDRAWAl GOUDEN4 . . .. ...... . . .. . . . 479_6GOLDEN NA ug �,Wl, HORAWAL JFEA'GL 0 AM a, vi c% 126047AWAMI TRA ItAPtESFt --S.HEt 450_� F-I&CHASE NAPLES�: FL 40,14V 90 ... . 17 e -,Fees servit GENERAL SERWCES - - ACCOUNT MANTENANCE4ia TOT77- AL-440S Ayeram balanceF _'7 Wr(ImpM,balance �Dates . ...... . -AmountDatesAfYxXW ,4726,35_, IZI -7 4-- .. .......... ... 3104 1 6_ .. . ......... 17,_ 6. 31Aa, 97 7, o _7 I, 3/11 5,781,7C 8<23y. . .... 1 .. . ....... . .. ... ..... ss WACHOVIA BANK, N.A., RATTLESNAKE HAMMOCK page 6 of 9 ,r \ • �i U 7 C T ,32AW �.. _ e - �i +.. g7 _. 130 0 34 68,�85 i 1 II8#Oiiner ervice I> f0irma#iori For uestrorrs about yours or tifing errirr;: cor>tact us, tement t.- i?iaone number; '. Address Business:Checking, i✓heckl; d & Loari Accounts" $.gtt-5fi6-3862 VV%AC1=t£)v1A.8J4NK, NATi 3NAL-ASSOCIA -ION TDD (For the Hearing Impa red) 8U0=38&2234 Ne$tb Commercial Checking.& Loa Accounts 800-2224862 I?'O BOX 5839fi6 CHARLOTTE NG 28256-3966 •+••.- _ - y.W... To Ialance Your Accflu - t - - , 1. Compare your account re ister to your account.statement for List Ootstantl}iing Cheeks and Withrlrawalls; � •-. unrecorded transactions. such as ATM, CheckCprd; Interestearned, , - Ck: No Amount Ck No �imc mt fees, etc.) Your new a unt register total should match the adjusted glance in line {' below. _ a 2. Write in the closing, balan e-shown .on the front of account statemen#;, ouhave 3. Write indaet�emenyou made since the ��— , _ date of this _ 4 4. Add, together amounts lis above in steps 2 and 3.1 J" K ► 3 a 5. In the- sectien to.the,right, list and total all.checks and withdrawals'tiiat you'hav :made that are not reported _ . ,.... ._ c on your account�staterme t:',Write is the total here. ... 6. Subtract the amount in lire 5 from the amount in line 4. This is your adiu ed balance and should _ .... match the balance in St 1 Total In Case of Etiors,or iluesti' - s About Your`Efectroriic Transfers: Telephone us at=80tk-222 3862 or wiite:to us :ai tO , NATIONAL ASSOCIATION, C8502, P O BOX 563966-, CHARLOTTE NC 28256-396.6, as soon as you can, if you think your � or receipt is wrong. or if you ne more: infornaa ao4-about..'a-.transfer on.tfie statement ar receipt � 'Wi linust hear from you no iatefthi 80 days after we sent you the FI ST statement on which the error or problem appeared.. i. Tell -us your name and cunt number (if:any) rl 2. Describe the error or the t. nsfer you are unsure about,. and .explain as clearly as you can why,y©u believe there is an error or whyyou _. need::more in%rmat1on. 3. Tell us the dollar amount Wewill investigate :your . f the suspected error. int and will,_correct any: error, promptly_. [f. we .#akea slot.,-itaaca . i Q .business: tlays to do• dais, ae4e aaetA credit ? to your account for the amount ou think is in- error. - You will have use atf the money during the time it takes us mete ow,rnveetigation. WACHOVIA BANK, N.A.1S EMBER WACHOVIA BANK, N.A. , OATTLESNAKE HAMMOCK page 7 of 9 Suslri` ffACHOVIAk 02/28/2009". 7121* o avE ..._. — - -REF#61$ i7U60 1kI13 03/03 6U0,66 R€F#b45Z287 10 PAIDF, 03�12: 1046:6Q __ x mcanacu i21T+ _n�l7natuc szi9 ---¢ e RPF#6653065490 fklD �3116 1001,00 REF#fi854609�6:' PA1- d3lD = " . - 500.E .... :... pepT =mme-p � � iF"i,. _ ',. :�7•e+a�fAMrla�ils�ilio.........ww„a.o, :_ k&A456260340 AID 03/25 ., - 906.00 REF#55560836 >` �'AIf3`` OW03.. T - .'. 3�4: (1 _ � � �..e..s "•RittN' -:... .. . _ .- 7� w ? ,.,. ., N/fRF�.�.R H1�19E «�1 , - ma _ .... _ . A awry ok• �, l.�yGc ,.A. . =061D 03/� 324.50 R#£"i2554793+0=.',Ity'-03112_' . N$ORIYE - x MMEe:•FL ft7t9 R ' , C16CR WlC AfG[ ►IwR 10.200i ' 00066l7 - . , .FOIE& R'IM:._ yam.. ly -TpppS�y — - .. 'iAYIwF«oe.rirnra�w .7071E-. crag a: ...................... • , rw net wrouwr • •••••••••`� mYun¢.arwia�rm�crommaauw W. y,�jg, TXE en�nra raw f ... m owe temp 09 REFA754813636 I AID 03/1 '309.03 R F#6253b6a430 _:.P1 tD.'`03119 379.62' WACHOVIA BANK, N.A. , RATTLESNAF E HAMMOCK page 8 of 9 fijl�"►� 0 34 168,737 VACHOVIA a.. ..... . ;a 02f28f2009 *eu 03f31/2dd9 . E , . ... ..., iar.uc .:. - .- w ..: _ •-22119tlLt16ca" - ... YICIt 112000 I 000lO" - Mr ........3ww PAY,.o sswn.i:wan+e...•............ ._.».». .„ - _ OrAm OF. " ... IOOOOOi}aO t1 100000)si�2/ F E SflS JO' i TJ "03/23` .. 368.02 f21'F#6452934J60' PAID:' 031.2E3 ... i LW MiOKt�i PAlfliiiw�sl�l.isisfi�iwww�.r...��.......w......-' i�i:..•..86QA1 .. .. ..-. = REF#5556450150 AID 03/30 356.47 _I P , a w WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 9 of 9 WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 1 of 10 I in, . �l�� Wng 'EmBus 03 031 130 . , 0 34. 165,8.07 ACHOV><A Other. W, t ithldrawals and Service Fees continued Date aunt � Description i 4/06 . 6 01. PURCHASE ALL FLORIDA FIRM 1 ` 04/04" 386-57&1180 FL 4014V222079 . 4/08 5:bo 1, AUTOMATED DEBIT TK PUMP & IRRIGA PC FUNDING _ s CO. ID. 1342045290 090408 CCD - - MISC 1060 :STA1lhP " , . - 'E ' OFFICE ` ` 04/08 12604 Mi TRA NAPLES FL 4014W007351 4/09 19.29 PURCHASE . WALGREEN COMPANY 13.520 04/08 NAPLES FL 40141727550' 4/09 1.00 COMMERCIAL SERVICE CHARGES FOR MARCH 2O09 c_ 4/09 90.11 PURCHASE SPECIALISTS IN URO , 04108 V 80NITA SPGS FL 4014V201509 4/10 21.91. PURCHASE PERKINS N0 2382 04{09 p NAPLES. FL 4014V21'121Q �- 4/10 .43 PURCHASE SHELL OIL 57642486 04/08 NAPLES FL 4010205486 4/10 V13qO.00 WITHDRAWAL PEBBLEBROOKE PLAZA FIN 04/09 = 15219 COLLIER BLV NAPLES FL4014W004fl46 4/10 w/4r6.00 WITHDRAWALEKC NAPS 10MIAMI TRA =L 4014WO0767 9 4/13 �%42 PURCHASE SHIPPING STATION 04/11 ` 4l7 NAPLES _ FL.414V250100' 4/13 J1.1 8 PURCHASE Sunshine Ace Hardware 04/1.1 Naples FL 40141931154 4/13 .5( -PURCHASE 'REGAL CINEMAS HLYW 04/1 T_ _ CENTENNIAL C0 4014V237310 4/13 7.6 PURCHASESHELL OIL 57542486 04/11 750.8i NAPLES FL 4014V205486 4/13 PURCHASE �PUBLIX 4601 9TH ST N 04/11 ys NAPLES FL 40141657576 4/13 5 `PURL APPLEBEES__ 1740 04/11 X-80.5(PURCHASE NAPLES FL 4014V254573 4/13 . CVS 7899 6800 Collier;B 04112: Naples FL 40141455623 4/13 300.0 } WITHDRAWAL P.EB.BLEBROOKE PLAZA FIN 04/12 15219 COLLIER BLV NAPLES FL 4014WO04505 4/14 0.0 - INQUIRY 4901 TAMIAMI TRAIL EA4014-007426 4/14�200.00WITHDRAWAL EAST NAPLES 04/14 s 4901 TAMIAMI TRAI-NAPLES FL4014WO07427 4/14 340.0( WITHDRAWAL EAGLE CREEK OFFICE 04/13 p 12604 TAMIAMI TRA NAPLES FL 414W008147 4/15 07.5 AUTOMATED DEBIT TK PUMP & IRRIGA PC FUNDING MISC 1060 10 4/15 V.1 PURCHASE PERKINS NO 2382 04/14 - NAPLES FL 40.14V231210 Other Withdrawals and Ser�ce Fees continued on next page. WACHOVIA BANK, N.A. , ;RATTLESNAKE HAMMOCK page 3 of 10 OWN nr ► 04 WACHOVIA Other Withdrawals and Service Fees ' . continued Date ount Description 4/15 w 6.05 PURCHASE SW FUB TAMP ORL 04112. ,- 407-363-2465 FL 4014V28117fi 4/15 59.51 AUTOMATED DEBIT.1RSr USATAXPYMT "MISC 274.950500900406 4/16 7 84 1' "PURCHASE PUBLIX 12663 TAMIAMI TR ° 04/15 NAPLES FL 4U941842258- 4/16 8.75 PURCHASE FL CORP]FILE -iNTE, 04/,15 850 245-6939 FL 4614V227200 4/16 308.00 PURCHASE FIRST CHOICE PAIN 04/15 FORT MYERS FL 4014V219871 4/17 72 PURCHASE CHECKERS 04%16' NAPLES FL 4014V232007 4/17 90 PURCHASE 7-ELEVEN`33004 04/15 NAPLES - FL4014V247232 4/20 3.59 PURCHASE' MCDONALD'SF6187 1 ' 04/17 BONITA SPRIN FL 4614V287200 4/20 16 PURCHASE MCDONALUS F13139 04/19 NAPLES FL 4014V237200 4/20 7.72 PURCHASE 7-ELEVEN 04119 4120 FORT MYERS FL 40141100504 1.79 PURCHASE CNS AT&T Mobility 2313 04/19 NAPLES FL 4014Z995182° 4120 3.52 PURCHASE WAL-MART #341704/19 NAPLES - FL 40141890073 4/20 .00 PURCHASE CHINA BUFFET 04/18 NAPLES FL 40:14V200059 4/20 69 0 PURCHASE WAL-MART#3417 04/18 NAPLES FL 4i11, 4/20 .00 DEPOSIT CORRECTIONS DEBIT 4/20 .47_ PURCHASE PUBLIX 12663 TAMIAMI TR 04/19 NAPLES " FL 4120 1 .00 WITHDRAWAL EAGLE CREEK OFFICE 04/18 12604 TAMIAMI TRA NAPLES FL 4014WO08881 4/20 0.00 WITHDRAWAL PEBBLEBROOKE PLAZA FIN 04/18 - 15219 COLLIER BLV NAPLES FL 4014W605498 4/20 4 -.00 WITHDRAWAL EAGLE CREEK OFFICE 04/19 12604 TAMIAMI TRA NAPLES ' FL"'4014WO09086 4/21 4.87 PURCHASE TURF AND SURF LLC 04/20 1 239-7757340 FL 4014V281180: ._ 4/21 4 0' . WITHDRAWAL EAST 'NAPLES 04/20 4.901 TAMIAMI TRAI NAPLES FL 4014WO08532 4/22 3 PURCHASE EXXONMOBIL 1286 04/20 .NAPLES FL 4014V288370 4/22 5.76 PURCHASE BURGER KING #5767 04/21 NAPLES. FL 4014V242066' Other Withdrawals and Service Fees continued on next page. WACHOVIA BANK, N.A. , HAMMOCK page 4 of 10 mon,_,,am Busin king ss C 05 031 130 D. 34: 165,809 VACHOVIA 5 (w $h * 3 p Other Withdrawals _ Service Fees continued - Date XIS1.391 unta .-and Description 4/22 PURCHASE SUBWAY 001-7- 04/20 NAPLES- FL 4014V242552 4/22 7� : PURCHASE SHIPPING STATION.'.- 04/21. 77.50. NAPLES FL 4014V220100 4/22 AUTOMATED DEBIT TK PUMP & IRRIGA PC FUNI'}ING " e� 4/22 4122 4/22 4/22 4/22 4/22 4/23 4/23 4/23 4/23 4/23 4/23 4/24 4/24 4/24 4/24 4/24 4/27 4/27 4/27 G 1060 _ 1060 � 2.73 sPURCHASE 4 CVS 7899 6800 Collier B 04/21 � Naples FL 40141031307 SM �/ 35.51 q : PURCHASE -EXXONMOBIL 1286 04/20 NAPLES FL 40114V203780 /42.04 .,PURCHASE zWIM MART # 5 04/20 APLES PL 4014V220059 w .�. .00 PURCHASE . DA VI NAILS 04121 : NAPLES FL 4014V282000 150.00 PURCHASE ALL FLORIDA FIRM 1 04122" 386 ,575-1180 FL 4014V272070 1✓7,6. 0 WITHDRAWAL' EAST NAPLES 04/21 4901 TAMIAMI TRAI NAPLES FL 4014W00871.0 4 PURCHASE MCDONALD'S F13139 04/22 NAPLES FL 4014V227200 t � , 1 .5G PURCHASE WALGREEN COMPANY ELKCAM, 04/23 MARGO ISLAND FL 40141652310 3 .5 PURCHASE SHELL OIL 57542486 04/21 I NAPLES FL 4014V255486 75.0PURCHASE 'MARGO MEDICAL GROU 04/22 �- 239-394-4111 FL' 4014V259800 " % V 2 6.0 PURCHASE VALENTINE DENTA/12692 T 04/22 � NAPLES FL 401413,70322 400.06 WITHDRAWAL RATTLESNAKE F C ' 04/23 8615 COLLIER -ROAD NAPLES FL 4014WO01536 1 .77PURCHASE OFFICE DEPOT OFFICE DEP '04/2i3 NAPLES FL 40141726100 PURCHASE MCDONALD'S F13139 04/23 6.71 NAPLESFL 4014V207200 k 1 A PURCHASE WAL-MART #5055 04/23 NAPLES (SE) FL 40141755160 .0 PURCHASE WAL-MART #5055 04/23 NAPLES (SE) FL 40141075443 400. WITHDRAWAL EAGLE CREEKOFFI g 1260 ML RA NAPLES FL 4014WO0975 i .24 PURCHASE HILTON GARDEN INN, 04/24 Other Withdrawals and TEMPLE TERRA FL 4014V211 2i i PURCHASE TACO BELL 024563 T 04/23 NAPLES FL 4014V204011 PURCHASE ADVNTR ISLAND FOOD 04/25 TAMPA FL 4014V291176 : Fees continued on next page. WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 5 of 10 WACHOVIA BANK, N.A. , TTLESNAKE HAMMOCK, page 6 of 10 OtherWithdrawals and Service Fees ' continued Date A ount Description 4/30 .75 PURCH HELL OIL 57542486 NAPLES FL 4014V285486 4/30' �.h6.64 , AUTOMATED DEBIT, IRS USATAXPYMT 4 ota 10,718 08 ` Description QueniW Total �... = GENERAL SERVICES' ACCOUNT MAINTENAN E 2 $15.00 _ NON-WACHOVIA WITHDRAWAL 3 $6.00 TOTAL.FEE(S) $21.00 Average, balance $4,854.41 Minimum balance $11455.04 Daily Balance Sum nary Dates Amount Dates . _ Amount Dares Amount 4/01 8,144.06 4/13 5,377.03 4/22 4,908.42 4/02 4,649.28 4/14 8r814.56 4/23 3,765.66 ' 4/03 4,213.86 4/15 6,042.24 4/24 3,703.54 4/06 1 5,174.70 4/18 5,141.23 4/27 3,218.67 ; 4/08 5,324.70 4/17 5099.61 4/28 1,455:04 4/09 4,620.59 4/20 6:347.34 4/29 5,039.00 4/10- __ " = .::.1189.76 f 4/2 - - = _ 5;842 47-- v /30 __ _ - _��.� 4,982.55 page 7 of 10 WACHOVIA BANK, N.A. , IflATTLESNAKE HAMMOCK �a Business Checking IMM 08 031 130 WACHOVIA Customer Service Information For questions about your statement or billing errors, contact us at: Phone number Business Checking, CheckCard & Loan Accounts 800-566-3862 TDD (For the Hearing Impaired) Commercial Checking & Loan Accounts 800-388-2234 800-222-3862 0 34 165,812 Address WACHOVIA BANK, NATIONAL ASSOCIATION NC8502 P O BOX 563966 CHARLOTTE NC 28256-3966 To Balance Your Account Compare your account register to your account statement for List Outstanding Checks and Withdrawals unrecorded transactions (such as ATM, CheckCard, Interest earned, fees, etc.) Your new account register total should match the Ck. No. Amount Ck. No. Amount adjusted alance in line 6 below. 2. Write in the closing balance shown on the front of L "/ 1 account statement. 3. Write in any deposits you have made since the date of this statement. 4. Add together amounts listed above in steps 2 and 3. 5. In the section to the right, list and total all checks and �i withdrawals that you have made that are not reporte J on your account statement. Write in the total here. 6. Subtract the amount in line 5 from the amount in r line 4. This is your adjusted balance and should match the balance in Step 1 Total In Case of Errors or Questions About Your Electronic Transfers: Telephone us at 800-222-3862 or write to us at WACHOVIA BANI NATIONAL ASSOCIATION, NC8502, P O BOX 563966, CHARLOTTE NC 28256-3966, as soon as you can, if you think your statement c receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 6 days after we sent you the FIRST statement on which the error or problem appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. We will investigate your complaint and. will correct any error promptly. If we take more than 10 business days to do this, we will cred your account for the amount you think is in error. You will have use of the money during the time it takes us to complete our investigation. WACHOVIA BANK, N.A. IS MEMBER FDIC WAC HOVIA BANK, N.A. ,. RATTLESNAKE HAMMOCK page 8 of 10 unw mto"Tiux 7h.- Sa2 1; itecwioc►ttoxlu _ —p i (gib 1222 .IA. 3dT4 ccc ¢ cwnvr. ox cn� f /3y " ni19,t Woo na/er nrkrr H ce11a1rr�lclt�rwn.u't - - ,_ �• .. Ammw vahcuom BA; tAt REF#3236643397 @ PAID 04/28 ui iniulc "C MPtE6, 0. af179 .a1 2 `2y i9'?3Paa Iatxwa Ell �3Y. M NRl 170t ji .. _ _ �i i3L07i�2000i139985B5t►':?i� ��j .. 300.00 REF#5252431470 „ PAID 04/28 200;00 �--. DInAaIpK117g11.LLC _ �.+ poi:. .. u�ra$acrRa�o� L�2`l W3...i�i_'LCGa o. •. K I . R IMr Aw rewr. MY : �n+wrarauwr tt n+stusot.wnrnegtwtnuu^ •••••• •••••••••• "••••97a.62 _ PAY 100 tyr,glt.At:yOR.eleUr`•• ................... ••••aM.aO • yolm _ OP yam` NU120,RM11� `�•�••• �. REF#6851736920 I PAID 04102 .-.�� ... 5, I00o0001Y0I 379.62 REF#5357646390 PAID 04/03 286.80 WACHOVIA BANK, N.A. , PATTLESNAKE HAMMOCK page 9 of 10 _ n Pf. � ,f (" I I I I Bunn ss . C ng 01 1 130 . 0 34 162,1.26 NACI4OVIA 000361"1 '""*'* SNGLP - TK PU 413 & IRRIGATION, LLC 9,5 -1S ES "OF ST THOMAS.. CB MAPLE ; FL 34114: BuS TieSS Chef `Ili 5/01/200 -Ah;ru 5/29/2009 Account number: Account owner(s): K PUMP & IRRIGATION, LLG MINNOW Account Summary =_ Opening balance 5/01 i $4,982.55 Deposits and. other credits @_' 10,733.33 + Checks 4,747:22 -WENOW Automated Checks 113.49 = Other withdrawals and servile fees 9,159.16 Closing balance 5/29 " $1,696.01 Deposits and Pthei Credits Date moun Description 5/05 1 O.Od DEPOSIT 5106 /31.6 50.0 DEPOSIT 5/08 00.0 C DEPOSIT 5/11 275.0 DEPOSIT 5/15 2, 8 DEPOSIT - 5/18 /1,1872.5( 5.0(pp DEPOSIT _ 5/21 5.00 DEPOSIT 5/21 .DEPOSIT 5/26 63.8 DEPOSIT 5/2.7 5.00 DEPOSIT' -- 5128 „946. - DEPOSIT Total : 0',733.3 .ti Checks Date, Number A unt Dsped Number mount ostetl Number ti ount posted 1225 47.78 5/14 -5074* 58:66 5108 5085 50 5/14 1230* 1/1, 3 $.55 5/14 5081 * 00.00 5104 5086 .21 5/21 1234* im 5/07 5082 V05.73 5/07 5087 12.51 5/19 1236* 24.68 5/06 5083 Z0.60 00 5/06 ota ,747.22 1237 8 .00 5/04 5084 5112 * Indicates a break in check number sequence (checks could be listed under Automated Checks) S _ � 4 WACHOVIA BANK, N.A. , iPATTLESNAKE HAMMOCK page 1 of 11 �; ... Business ecj ng i■ OR 1 .�130 162,'127. WAQ.HOVrA Automated Checks Number mou Date lDescnpdon 1235 ' 1 i3.49 '5/08 ;A UTOM >tS_TATE`IND CO CHECKPAYMT MIS .1235. oti�a__ 13.49 --Other Withdrawals and Ser-ceTees, Date A unt Description 5/01 1t.28 PURCHASE -ELEVEN 32231 04/30 NAPLES _ FL 4014V237409' 5/01 .00 WITHDRAWAL :COLONIAL: 05/01' 1540 COLONIAL BLV FORT MYERS FL 4014W000164 5/01 56 ' PURCH 7'-ELEVEN 32231 _ 04/30 Z NAPLES FL 4014V2.17409 5/01 47 ' PURCHASE CVS 7899,6800 Collier B 04130„ Naples FL 40141636 7 5/01 71 -PURCHASE fG1lAL-MART #3417 04/30 r2O2*0 MAPLES Fl ,40141488526 5/01 V 0 WITHDRAWAL."CT-VCOM 05101 - _. 1688 Colonial Bjv Fort, Myers FL 4014N114153 5/04 PURCHASE SHELL OIL 5754248'6 05/02 ' NAPLES FL 4014V245486 5/04 .18: PURCHASE REDBOX -DVD RENTAL . 04/30 OAKBRKTERRAC IL 4014V220007 5/04 5.50 PURL MCDONALD'S F3625 05/02 NAB? LES FL 4014V227200 5/04 81: PURCHASE WENDYS #0306 05/01 Mli> FORT MYERS FL 4014V287429 5/04 .99 PURCHASE MCDONALD'S F13139 05/01 > NAPLES FL 4014V247200 5/04 .99 PURCHASE. MCDONALD'S F13139 05/03 k - NAPLES FL 4014V277200 & 4. , .,- 1 .72 PURCHASE ' LOCKBUSTER VIDEO 05/02 NAPLES FL 4014V200720 5/04 12.72 PURCHASE BLOCKBUSTER VIDEO 05/03 NAPLES FL 4014V200720 ` 5/04J11-07 PURCHASE SHELL OIL 57542486 05/03 NAPLES FL 4014V245486 &04 0.00 WITHDRAWAL ` EAGLE -CREEK OFFICE 05/03 12604 TAMIAMI TRA NAPLES' PL 4014WO01167 '. 5/04 20.34 PURCHASE PUBLIX 8585 COLLIER BLV 05/02 NAPLES FL 401419007627 5/04 �/23.8'4 PURCHASE NST SEARS ROEBUCK .2303 05/01 t CAPE CORAL FL 40141574860 _ - 5/04 130.88 PURCHASE PUBLIX"8585 COLLIER BLV 05/03 NAPLES FL 40141442692 Other Withdrawals and Service Fees.continued on next page. l _ WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 2 of 11 Busin 03 TACHOVIA OtherWithdrawals Date A unt 5/04.54 5/04 .87 5/04 70-48 5/04 ' 290.00 5/04 0 00 5/05 8.55 5/05 37 5/05 13 5/06 V •75 5/06 27.50 5/06 5/07 J35.91 J3.17 5/07 5.29 5/07 400.9C 5/08 5/08 oa 5/08 - 20/0 5111 V 1 5/11 V ,, 5/11 'V.1 5/11 7 5/11 `/11 5/11 14 Other Withdrawals and 0 34 162,128 and Service Fees continued Description PURCHASE SHELL OIL 57542486 05/01 NAPLES FL 4014V235487 PURCHASE CVS 7899 6800 Colfier B 05/02 Naples FL 40141145424 PURCHASE ERINS ISLE RESTAUR 04/30 4 . NAPLES . FL 4014V284711 .. .. =� WITHDRAWAL N NAPLES "OFFICE ' 05102 2400 N TAMIAMI TR NAPLES FL 4014W00430C WITHDRAWAL PEBBLEBROOKE PLAZA FIN 05/03 15219 COLLIER BLV NAPLES FL 4014WO07932 O PURCHASE 7-ELEVEN 32231 05/04 NAPLES FL 4014V297462 PURCHASE PUBLIX 12663 TAMIAMI TR 05/04 NAPLES FL 40141433412 PURCHASE PUBLIX 12663 TAMIAMI TR 05/04 NAPLES FL 40141934200 PURCHASE SHELL OIL 57542514 05/04 NAPLES FL 4014V285486 AUTOMATED DEBIT TK PUMP & IRRIGA PC FUNDING CO. ID. MISC 1060 1060 4 PURCHASE 7-ELEVEN 32231 05/05 s NAPLES FL 4014V267474 PURCHASE WALGREEN COMPANY 12784 05/06 NAPLES FL 40141136625 `- PURCHASE CHECKERS 05/06 �4 NAPLES FL 4014V242007 WITHDRAWAL PEBBLEBROOKE PLAZA FIN 05/07 15219 COLLIER BLV NAPLES FL 4014WO08590 PURCHASE MCDONALD'S F3625 05/07 - NAPLES FL 4014V217200 = DEPOSIT CORRECTIONS DEBIT WITHDRAWAL EAGLE CREEK OFFICE 05/08' 12604 TAMIAMI TRA NAPLES FL 4014WO01963 PURCHASE MCDONALD'S F26644 05/09 NAPLES FL 40.14V227100 PURCHASEMCDONALD'S F13139 05/08 NAPLES FL 4014V247200 PURCHASE BUSCH GARDENS/AI M 05109 TAMPA FL 4014V271171 PURCHASE" MCDONALD'S F11472 05/09 ' TAMPA FL 4014V207200 PURCHASE MCDONALD'S F13139 05/10 NAPLES FL 4014V267200 PURCHASE BUSCH GARDENS FOOD 05/09 TAMPA FL 4014V291174 ;e Fees continued on next page. WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 3 of 11 BusingCe ng n ; ■�� 31 :130 0 34 162,129 WAICAMrA 7,,""1w Other Withdrawal and Service Fees continued Date A un Description - -: 5/11 18.66 PURCHASE BUSCH GARDENS FOOD ° 05/09, TAMPA , FL 4014V281174 , ' l 5/11 5/11 4.50 5.00 COMMERCIAL SERVICE CHARGES FOR APRIL 2009 _. PURCHASE RANDALL CENTER BP 05/09 4 NAPLES:. FL 4014V207391 3.29 -PURCHASE -=HESS 09462:-: 05108. NAPLES.-,:. FL 4014V21.7100 5711 3 .72 PURCHASE BOB EVANS REST 904 : 05/68 TEMPLE TERRA FL 4014V267520 5t11 J48.19 ;PURCHASE '.SHELL OIL57542494' ; ' 05/09. TAMPA FL 4014V295488 5/11 ' ' 64.00 PURCHASE BUSCH GARDENS ADMN 05109- �74.85 TAMPA FL 4014V231:177 ., 5/11 PURCHASE BUSCH GARDENS ADMN 05/09 - TAMPA FL 4D14V261177 5111 - `82,00 . WITHDRAWAL ` ULTRON, INC 05/1.0 CIRCLE K #7386 NAPLES FL 4014N305064 5/11 0.00 . WITHDRAWAL EAGLE CREEK OFFICE 05/11 ; 22000 .12604 TAMIAMI TRA NAPLES FL 4014WO02453 . 5/11 . WITHDRAWAL PEBBLEBROOKE PLAZA FIN 05/09 15219 COLLIER BLV NAPLES FL 4014WO09177 5/11 45.65 PURCHASE HILTON GARDENINN . 05/09 4 TEMPLE TERRA FL 4014V297313 5/11 06.70 PURCHASE. ROYAL JEWELERS .: - 05/10 NAPLES:. . FL 4014,1405060 5/1 1 ; , 3 2.00 WITHDRAWAL SUNCOAST SCHOOL ' 05/10 ` - 12055,COLLIER BLV NAPLES FL 4014P296082 5/12 .21 PURCHASE = MCDONALD'S F3625 05/11 ; - NAPLES FL 4014V257200 : 5/12 4.23 PURCHASE- SHELL OIL 57542486 05/10 NAPLES. :: . FL 4014V225486 5/12 - . 1.41- PURCHASE SHELL OIL 57542486 , , - 05110 NAPLES.. FL 4014V295486 5//12 .89 . PURCHASE Staples, Inc. 05/11. NAPLES FL40141747829_ 5/13 0.07 PURCHASE WALGREEN COMPANY ELKCAM 05/13 ISLAND FL 40141622240 5/137.50 J711MARCO . AUTOMATED DEBIT T P & IRRIGA PC FUNDING 'CO. MIS 1060 1060 5/13 39.16 PURCHASE WAYNES WORLD BP 05/11 NAPLES FL 4014V247391 40,00 PURCHASE � FIRST CHOICE PAIN - '05/12 FORT MYERS FL 4014V269871 5/14 V54 _ PURCHASE SOU BLOCKBUSTER VID2328 05113 NAPLES FL 40141944652 Other Withdrawals and Servi Fees continued on next page. t WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 4 of 11 Busi ss C° •ng 05 i ;'130 01 34 ` 162,130 WACHOVIA Other Withdrawa and Service Fees continued . Date A u Description _ 5/14 4.5 . PURCHASE . SHELL;OIL-57542486•' 05112 - r NAPLES FL 4014V235487 5/14 27.9� PURCHASE CVS 7899 6800 Collier,g 05/13 Naples FL'a0T4T010852 5/14 -�i7.12 PURCHASE PU$LJX 12663 TAMIAMI TR 05/13 — NAPLES FL 40141257385 5/1.4 5i.9 - :"'PURCHASE PUBLIX.i2663 TAMIAMI TR .05/13. NAPLES FL 40141205479 5/15 " 5.8 PURCHASE MCDONALD'S F3625 05/14 NAPLES FL 4014V217200 5/15 - 13.76 PURCHASE - BURGER KING #5767- 05/14 NAPLES" FL 4014V272066.- 5/15 0.0( WITHDRAWAL RATTLESNAKE FC 05/14 Y50.51 8615 COLLIER ROAD NAPLES FL 4014WO02737 5/15 PURCHASE BMC,METRO` PCS ' _ .05/13 . 877-315-6074,TX 4014V240040 5/15 20:0 WITHDRAWAL EASTYIVAPLES 05/15 4901 TAWAMI TRAI NAPLES FL 4014V11002900 5/15 0,0 WITHDRAWAL EAGLE CREEK OFFICE 05/14.- 12604 TAMIAMI TRA -NAPLES FL 4014WO02908 5/15 660.8 AUTOMATED DEBIT 'IRS USATAXPYMT CO. - J56 M1SC 274953500324597 5/18 PURCHASE_ WENDYS #0311 05/15 NAPLES FL 4014V257612 5/18 J 0.00 WITHDRAWAL . EAST NAPLES 05/16 -4901 TAMIAMI TRAI NAPLES FL 4014WO031`02 5/18 4.7 PURCHASE S14ELL OIL 57542486 05/14 1 .,. NAPLES FL 4014V215487 5/18 39.3 PURCHASE EXXONMOBIL 1286 05/14 s NAPLES FL 4014V293780 5/18 ` 40.24 PURCHASE RIB CITY E NAPLES 05/16 '. -- - _. NAPLES FL 4014V260068 -. . 5/18 42.5 WITHDRAWAL TOV1i14 CINEMA 6 05/16 _3855 TAMIAMI TRAI NAPELS FL 4014N102707 5/18 0.00 WITHDRAWAL ;PEBBLEBROOKE PLAZA FIN 05/17 7300.00 15219 COLLIER BLV NAPLES FL 4014WO00454 5/18 WITHDRAWAL EAGLE CREEK OFFICE 05/16 1.2604 TAMIAMI TRA NAPLES FL-4014W003245 5/19 0.00 J INQUIRY 2400 N TAMIAM TRAIL-4014-605573 5/19 5.47. PURCHASE - MCDONALD'S.. F13139 :_ 05/18 NAPLES FL 4014V247200 5/19 3.55 PURCHASE SHELL OIL 57542486 05/17 J-60.00 NAPLES . FL 4014V245486 5/19 WITHDRAWAL N NAPLES OFFICE 05/19 2400 N.TAMIAMI TR NAPLES FL 4014WO05574 5/20 0.00 INQUIRY 1090 N;COLLIER BLVD 4014-006683 Other Withdrawals and Servi a Fees continued on next page. f WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 5 of 11 A WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 6 of 11 ' h Busi ecking ■� 07 31 130 0 -34 162,132 WACHOVIA 6 E p 4 A Other Withdra alb and Service FeeS continued Date m u Description 5/26 .01 WITHDRAWAL PEBBL5BROOKE PLAZA FIN 05/23 15219 COLLIER BLV NAPLES FL 4014WO01438 5/26 186 PURCHASE EXXONMOBIL 1329 05/22' e ��1 NAPLES FL 4014V293780 5/26 38 PURCHASE RIB CITYg NAPLES 05124 NAPLES -FL 4014V280070 �. 5/26 .7 PURCHASE WAL-MART #3417 05/24 NAPLES FL 40141064863 5/26 2 0.0 1. RAWAIL EAGLE .CREEK OFFICE 05126 0 1'2604 TAMIAMI TRA NAPLES FL 5/26 2 .00 WITHDRAWAL PELICAN BAY`(DU) 05/23 p 5801 PELICAN BAY NAPLES FL 5126 Tnn .00 WITHDRAWAL SUNCOAST SCHOOL 05/24 12055 COLLIER BLV NAPLES FL 5/26 .00 WITHDRAWAL EAGLE CREEK OFFICE 05/25- 12604 TAMIAMI TRA NAPLES FL 5/27 24 PURCHASE REDBOk-DVD RENTAL 05125 OAKBRKTERRAC IL 4014V210001 5127 9.52 PURCHASE SHELL OIL 57542486 05/25 NAPLES FL 4014V265486 5/27 12.91 PURCHASE MCDONALD'S F13139 05/26 4 NAPLES FL 401.4V287200 z 5/27 0.00 WITHDRAWAL PELICAN BAY (DU) 05/27 5801 PELICAN dM( NAPLES FL a 5/27 23.36, PURCHASE SHELL OIL 57542486 05/25 NAPLES FL 4014V255486 5127 30.00 AUTOMATED DEBIT TK PUMP & IRRIGA PC FUNDING MISC 1060 1060 s 5/27 00 PURCHASE MARATHON OIL 10926 05/26 N EVERGLADES C FL 4014V277748 2 5L27 _ 129. 31 PURCHASE CNS ADVANCE STORES 7329 05/26 2 ,. NAPLES FL 40141517405 - z _ --2 .5/28 9.20 .PURCHASE SHELL OIL 57542486 05/26 z NAPLES FL 4014V235487 z z 5/28 9.541 PURCHASE SOU BLOCKBUSTER VID3629 05/27 z z NAPLES FL 4014107,1,550 z z 5/28 18.221 PURCHASE MICCOSUKEE SRVCE P 05/26 z z FORT LAUDERD FL 4014V24.1000 z 5/28 20.00 p WITHDRAWAL DOWNTOWN NAPLES 05/28 z 900 5TH AVE S.,ST NAPLES FL 4014WO04419 5/28 20.881 PURCHASE KFC # 12 05/27 GOLDEN GATE FL 4014V222861 5/29 15.84 PURCHASE USPS 1162709552570 05/28 g1 NAPLES FL 4014V264181 Other Withdrawals and Servile Fees continued on next page. L WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 7 of 11 reeking 08 .: . 1 130 0 34 162,1-33 1TACH0'UTA l "Other'ithdr73,,u, and Service Fees continued Date n Description w 5/29 ; PURCHASE . Staples, Inc. 05/28 NAPLES FL 40141704992 5/29 .6 PURCHASE ..7-ELEVEN 32231 05/27 739.94 NAPLES FL�4014V227771 5/29 .: PURCHASE DISH NETWORK -ONE T 05/27 800-333-3474 CO 4014V290040 ota " $9.15 .1 . Service Fees I Description Quantify Total GENERAL SERVICES s ACCOUNT MAINTENAN6E BR -DEPOSIT CORRECTIONS 2 1 $15.00 $7.50 NON-WACHOVIA WITH ©RAWAL:,;;� � ' .. 1 $2.00 TOTAL FEE(S) g 424.50 . a C Average balance " ; $2,747.45 Minimum balance P $958.97',; " Daily Balance Suinknary p Dates Amount Dates Amount Dates Amount 5/01 4,596.53 5/12 3,474.64 5/21 2,530.15 5/04 I 2,531.43 5/13 39157.91 5/22 2,253.99 5/05 2,643.52 5/14 1,379.94. 5/26 958.97 5/06 _ .. ! 3,097.68 5/15 2,389.78 .5/27 1,058.01 5/07 p 2,258.49 5/18 1,681.35 5/28 1,926.38 5/08 4,984.86 5/19 1,389,82 5/29 1,696.01 5/11 ... 3,869.98 5/20 I 1,092.45" o , I , s r WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK I page 8 of 11 Busi sSiiecking 09 31 - 130 0 34 162,134 WACHOVIA p Customer Seryke nformat><on _ For questions about your- rr�e tatent or billing errgrs, cctntaet.0 at: Phone number Address Business Checking; CheckC TDD (For the Hearing I and & Loan Accounts 800-566-3862,, WACHOVIA BANK, NATIONAL ASSOCIATION ired} 800-388-2234 Commercial Checking & L6E n Accounts 800=222-3862 NC8502 P O BOX 563966 ` - i CHARLOTTE NC 28256-3966 T6 Balance Y©ur Account 1. Compare your account r gister to your account.statement for List Outstanding Checks and Withdrawsts unrecorded transaction such as=ATM, CheckCard;. Interest earned, fees,e%.) Your.newac o untregister.fotatshoitid`match.the Ck. No. Amount Ck. No. Amount adjusted balance in line below. 2. Write in the closing balat ce shown on the front of account statement. 3. Write in.any deposits yo 1a._... "have made since the. .. .._. _.. .... .... date of this statement. 4. Add together, amounts iised above in steps 2 and 3. 5 In the section to the right list and total -all checks and - witlidcawals that you ha:N e made that are hot reported on:your account statement. Write in the total here. 6. Subtract the amount in Ift ie 5 from the amount in line 4. This`is your. -ad" match the balance in St ed balance and should 1 Total to Case'oi E'r1o7s' itr' Questi NATIONAL ASSOCIATION ns :About° Y'our'Electlrollic Transfers: Telephone us at 800-222 3862 or write to us at 11VACHOVFA BANK, C8502, P O BOX.-a�63966, CHARLOTTE NC 28256-3966, soon receipt is wrong' or if you, ne days after we sent you the Fl as as you. can, if you think your statement or more inform-Atop.about a transfer on the statement or receipt. We must hear from you :no later than 60 ST statement on which the error or problem appeared. 1. Tell Us your dame and a unt number {if any). 2. Describe the error or the t nsfer you are.unsure about, and explain as clearly as you can why you believe there is an error why you need more information. 3. Tell us the dollar amount the suspected error. We will investigate your co your account for the amount taint, and.will "correct any error promptl , If we take more than 1,0 business days to do this, we will credit ou think is in error. You will have use of the money during the #ime it takes us to complete our investigation. WACHOVIA BANK, N.A. IS EMBER FDIC WACHOVIA BANK, N.A. , Ri4TTLESNAKE HAMMOCK page 9 of 11 05/01/2009 t ru 05/29/2009 REF#5850488750 PAID , 05/14 47.78 REF#0959053830 . PAID. 05/14 1376.55 wa.nav uc.._. 1234 - a��p 1236 1ftpb.§ mu Asir IFT.i. E//T'� h►� S 7a 1eS . 0 ==' Gru ra Nrsoor - ooistir.6r 6941760 AID 05/07 25.00 REF#62524355 124.68 - - ''Kpl�fiklvlQAT1pN.RC.. i`37" Wi �s�n °suu� � me wore. r. mw � i � � •.r]0.1upK(. PAYrowmt2n[m2,r2Noud-..»»....»»»»..«....�. 13 �'CSM91 002II •.. (211 2100�13� ... (jREF#605195404 4uis r. - .. �. sw T R 54050440 AID 05/ 0.0 0 PAID 05/08 258.66 , LLC . _ ... - r14A '�- OIL C i l :? 2-.�t 72fR11�21tD1rV2''•I1Q KIAM,R9.1['241123'� N r w l!r¢ P9tli2B-F141, '.MM LM FL 24119ik a .... < » liPa�toAnr G0:76W a 2N MYarr.aerarwf............»»» 7 .................�. -v. { ..ypppd - - MY wA�rwR/+em�mwr»»••.».»...».» ..».»» :�:.•.»�. 70 T112 ... 0O .+.e. OIm91 OF. ,�.-. V - .ya .. OPDEROF. ,. .... .. . .. `'., - Ts�"=a°►vawwi° .� i .: -, —. .. _... . . _. ioa000cvsr2r R 942020 Alb 05/04 REF#5353451960 19--06 405.73 - .� I1L N''S w`M•.l C f_n'.. -'i— Y 7kt[m^ Nr I1C p.� a ,.. 2 a� pAa27 Y�IA,R!$t R'2t112 : 1 !c b' +10..11 qvr TG4r s n= pvge�qt1gg11C1� tF2:it'�118 f e b "t .? 4:�;F x Y ter.— PAYn��r *ih1iW Y........»»....»»..»..........».». i �... .. MY*weewrt.r s.MsYdffi .�....�»-� ».W 3 „a aoe� os r t t Y owfA or . � { .. r_ REF#6551368620 AID 05/06 300.00 REF#5254943500 PAID. 05/12 35 w WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 10 of 11 BUS 'VACIiOVIA, 130 0 34 162,136 05/01/2009 $hru 05/29/2009 1 rlChiwlwrsaibti,iu-- �°'i_.�urwfn�nMwrMMlArtnn.uc asxt7�nnfaowvE .. k, =xilff' oMlE _ rz W1A0.RM1f9 t" � ► 4 'A >t MAY 1'L2!!! MYness........rn'e••••••••••••••••••••••••••••••.•........ c.... •'�17 PAY fHaMwnwnn¢ec+wa7roo7nuM••••^••� 3892t .. oToimomor .R°be� �ry ,awa,.. o'�imats: `�a� �.;wswa..m•L: M�,� � �`'c�y - 7�Mn� Mia af°As /^�%�/GC' _ �M �y _ _ M.Wlifaf'MY miOf _. T. aI it�� ! ' •.• 5' REF#5354170440 ' PAID 05/14 212.50 REF#6856054070 PAID 05/21 33121 4f' ' ltif s x « R M¢Yf !!!: � mom - #7!Mn.nanxo .6 tfwfm �i:aei _ . 117f� REF#6550409920 AID 05/19 212.51 'o F I 16 WACHOVIA BANK, N.A. , RATTLESNAKE HAMMOCK page 11 of 11 Statement Period Date: 4/1/2009 - 4/30/2009 Account Type: Business 53 Checking FIFTH THIRD BANK rw K Account Number (SOUTH FLORIDA) P.O. BOX 630900 CINCINNATI OH 45263-0900 SEAN MCGUINNESS INC DBA EARTHCARE LANDSCAPE SERVIC 0 5111 TAMARIND RIDGE DR NAPLES FL 34119-2831 235 Banking Center: Golden Gate Commercial Client Services: 1-800-589-5355 �n11n1n1n111n11111111111 11211nn11n1111Belli 11112111 www.53.com Account Summary 04/01 Beginning Balance $24,703.41 Number of Days in Period 30 173 Checks $(117,866.12) 12 Withdrawals / Debits $(17,542.70) 22 Deposits / Credits $120,614.26 04/30 Ending Balance $9,908.85 Checks 173 checks totaling $117,866.12 * Indicates gap in check sequence i = Electronic Image s = Substitute Check Number Date Paid Amount 430 i 04/30 500.00 21490*i 04/01 1,470.00 21504*i 04/02 200.00 21535*i 04/02 97.50 21536 i 04/02 375.00 21537 i 04/02 4,320.44 21538 i 04/01 579.77 21539 i 04/06 139.87 21540 i 04/06 1,279.00 21541i 04/14 105.00 21542 i 04/07 109.95 21543 i 04/03 450.90 21544i 04/07 100.00 21545 i 04/06 158.42 21546i 04/03 14.30 21547i 04/02 964.00 21548 i 04/06 637.00 21549i 04/03 5,155.12 21550 i 04/02 420.00 21553*i 04/21 50.00 21554 i 04/14 25.00 21555 i 04/07 267.12 21556i 04/03 483.12 21557 i 04/07 559.41 21558 i 04/06 434.94 21559 i 04/03 526.82 21560i 04/03 340.93 21561 i 04/07 443.14 21562 i 04/06 665.18 21563 i 04/06 502.32 21564i 04/03 656.40 21565i 04/03 501.42 21566 i 04/03 372.14 21567 i 04/03 408.20 21568 i 04/03 523.99 21569 i 04/03 395.80 21570 i 04/03 717.30 21571 i 04/03 432.04 21572i 04/03 1,156.25 21573 i 04/06 210.57 21574i 04/03 420.23 Number Date Paid Amount 21575i 04/03 194.05 21576i 04/06 251.05 21577i 04/03 290.87 21578i 04/03 443.13 21579i 04/07 70.19 21580i 04/13 163.89 21581i 04/03 291.78 21582 i 04/09 439.39 21583i 04/07 614.63 21584 i 04/06 808.04 21585i 04/07 869.77 21586i 04/03 1,000.00 21587i 04/07 1,000.00 21588i 04/09 72.73 21589 i 04/08 118.44 21590i 04/10 1,627.00 21591i 04/10 1,892.98 21592i 04/08 3,214.81 21593i 04/08 88.40 21594i 04/17 3,806.00 21595i 04/14 2,245.00 21596 i 04/17 2,167.15 21598*i 04/14 1,745.94 21599i 04/13 1,927.91 21600i 04/15 570.00 21601i 04/13 1,851.08 216021 04/14 941.42 21603i 04/15 2,189.12 21604i 04/10 483.12 21605i 04/13 466.80 21606 i 04/21 559.41 21607i 04/13 429.42 21608 i 04/10 490.46 21609i 04/10 466.63 21610i 04/13 436.54 21611i 04/13 665.19 21612i 04/13 502.33 21613 i 04/10 656.38 21614i 04/10 501.43 21615i 04/10 372.13 21616i 04/10 408.20 Number Date Paid Amount 21617i 04/10 523.99 21618i 04/10 395.80 21619i 04/10 717.30 21620i 04/10 254.28 21621i 04/10 1,156.25 21622i 04/14 140.36 21623 i 04/10 481.97 21624i 04/13 63.69 21625i 04/13 188.40 21626i 04/10 433.18 21627i 04/10 440.94 21628 i 04/20 72.46 21629 i 04/10 395.81 21630i 04/13 808.04 21631i 04/13 409.02 21632i 04/13 614.62 21633 i 04/13 29.97 21634i 04/17 390.45 21635i 04/16 1,998.10 21636i 04/15 49.82 21637i 04/16 127.20 21638i 04/15 111.69 21639i 04/17 483.13 21640 i 04/20 466.79 21641i 04/21 414.25 21642 i 04/21 434.93 21643i 04/17 483.19 21644i 04/17 455.20 21645i 04/20 443.14 21646i 04/20 632.40 21647i 04/20 502.33 21648i 04/17 656.39 21649 i 04/17 501.42 21650i 04/17 372.14 21651i 04/17 408.20 21652i 04/17 523.99 21653i 04/17 395.82 21654 i 04/17 717.30 21655 i 04/17 426.45 21656i 04/17 1,156.25 21657 i 04/17 481.96 Page 1 of 26 FIFiI'H THIRD BANK R Checks -continued * Indicates gap in check sequence i = Electronic Image s = Substitute Check Number 21658 i 21659 i 21660 i 21661 i 21662 i 21664*i 21665 i 21666 i 21667 i 21668 i 21669 i 21670 i 21671 i 21673*i 21675*i 21676 i 21677 i Date Paid 04/17 04/17 04/17 04/20 04/20 04/20 04/20 04/21 04/20 04/17 04/23 04/20 04/20 04/24 04/22 04/23 04/22 Amount 428.92 443.13 217.23 808.03 365.08 2,185.98 20.78 22.08 19.74 19.74 63.60 480.20 1,573.41 276.00 1,128.37 2,922.26 1,434.62 Number Date Paid Amount 21678i 04/21 3,275.62 21679i 04/22 500.00 21680i 04/27 136.74 21681 i 04/28 3 21682i 04/28 443.13 21683i 04/24 489.74 21684 i 04/27 352.74 21686*i 04/27 335.61 21687i 04/24 481.74 21688i 04/24 462.07 21689 i 04/28 456.30 21690 i 04/27 665.19 21691 i 04/27 502.33 21692i 04/24 656.39 21693i 04/24 501.43 21694i 04/24 372.13 21695 i 04/24 408.21 Number Date Paid Amount 21696i 04/24 530.78 21697i 04/24 395.80 21698i 04/27 432.03 21699 i 04/28 1,156.25 21700 i 04/24 481.96 21701 i 04/24 371.58 21702i 04/24 456.29 21703i 04/24 395.80 21704 i 04/27 808.04 21705 i 04/30 146.34 21707*i 04/24 724.68 21708 i 04/28 15.00 21710*i 04/30 21711i 04/29 778.67 21713*i 04/30 3,550.51 21714i 04/30 200.00 Withdrawals / Debits 12 items totaling $17,542.70 Date Amount Description 04/O1 3,115.32 IRS USATAXPYMT 270949100315750 SEAN MCGUINNESS INC 040109 04/08 233.75 FIFTH THIRD BANK DIRECT ACH 040809 04/08 3,098.64 IRS USATAXPYMT 270949800330858 SEAN MCGUINNESS INC 040809 04/15 3,048.14 IRS USATAXPYMT 270950500892055 SEAN MCGUINNESS INC 041509 04/20 16.10 MARCH BILLING ADJUSTMENT 04/20 390.45 EMBARQ 1-888-723-8010 Telecom 2394555188068 EARTHCARE LANDSCAPING 042009 04/22 1,214.45 IRS USATAXPYMT 270951200353089 SEAN MCGUINNESS INC 042209 04/22 2,933.98 IRS USATAXPYMT 270951200972019 SEAN MCGUINNESS INC 042209 04/23 237.13 FLA DEPT REVENUE CUT 000000001408442 SEAN MCGUINNESS INC 042309 04/231. 150.00 RETURN DEPOSIT ITEM(S) ADVICE:435357 04/24 201.42 DEBIT MEMOS '? 04/29 2,903.32 IRS USATAXPYMT 270951900465882 SEAN MCGUINNESS INC 042909 Deposits / Credits 22 items totaling $120,614.26 Date Amount Description 04/02 4,980.90 DEPOSIT 04/02 9,854.20 DEPOSIT 04/06 5,029.50 DEPOSIT 04/07 6,271.45 DEPOSIT 04/07 17,451.00 DEPOSIT 04/07 267.12 CREDIT ADJUSTMENT TO DEPOSIT 04/08 5,972.80 DEPOSIT 04/08 9,467.95 DEPOSIT 04/10 2,734.50 DEPOSIT 04/10 7,930.95 DEPOSIT 04/15 1,750.50 DEPOSIT 04/15 8,217.65 DEPOSIT 04/17 201.42 DEPOSIT-- 04/17 1,579.47 DEPOSIT 04/17 4,150.00 DEPOSIT 04/20 2,292.95 DEPOSIT 04/22 9,571.75 DEPOSIT 04/23 5,510.00 DEPOSIT Page 2 of 26 FIFTH THIRD BANK (SOUTH FLORIDA) P.O. BOX 630900 CINCINNATI OH 45263-0900 SEAN MCGUINNESS INC DBA EARTHCARE LANDSCAPE SERVIC 0 5111 TAMARIND RIDGE DR NAPLES FL 34119-2831 235 Deposits / Credits - continued Statement Period Date: 4/1/2009 - 4/30/2009 Account Type: Business 53 Checking Account Number: avenum Banking Center: Golden Gate Commercial Client Services: 1-800-589-5355 www.53.com Date Amount Description 04/24 1,337.50 DEPOSIT 04/24 4,096.15 DEPOSIT 04/28 3,836.00 DEPOSIT 04/28 8,110.50 DEPOSIT Daily Balance Summary Date Amount Date Amount Date Amount 04/01 19,538.32 04/13 31,705.45 04/22 11,693.74 04/02 27,996.48 04/14 26,502.73 04/23 13,830.75 04/03 13,221.69 04/15 30,502.11 04/24 12,058.38 04/06 13,164.80 04/16 28,376.81 04/27 8,825.70 04/07 33,120.16 04/17 19,773.64 04/28 18,239.69 04/08 41,806.87 04/20 14,089.70 04/29 14,557.70 04/09 41,294.75 04/21 9,333.41 04/30 9,908.85 04/10 40,262.35 PLANNING A TRIP? ORDER FROM MORE THAN 70 FOREIGN CURRENCIES AND PICK IT UP AT YOUR LOCAL FIFTH THIRD BANK LOCATION AS SOON AS THE NEXT BUSINESS DAY! NO HASSLES. NO WAITING IN LINE. NO COSTLY EXCHANGE RATES AT YOUR DESTINATION. SIMPLY STOP BY YOUR LOCAL FIFTH THIRD BANK LOCATION TO PLACE YOUR FOREIGN CURRENCY ORDER TODAY. Page 3 of 26 ® Statement Period Date: 3/1/2009 - 3/31/2009 Account Type: Business 53 Checking FIFTH THIRD BANK r;x Account Number: (SOUTH FLORIDA) f P.O. BOX 630900 CINCINNATI OH 45263-0900 • Banking Center: Golden Gate SEAN MCGUINNESS INC Commercial Client Services: 1-800-589-5355 DBA EARTHCARE LANDSCAPE SERVIC 0 www.53.com 5111 TAMARIND RIDGE DR NAPLES FL 34119-2831 272 11111 #nll1111111111111111111 s;R:y ;.:•;. . 03/01 Beginning Balance $23,602.12 Number of Days in Period 31 207 Checks $(126,728.80) 6 Withdrawals / Debits $(12,463.35) 20 Deposits / Credits $140,293.44 03/31 Ending Balance $24,703.41 Checks 207 checks totaling $126,728.80 * Indicates gap in check sequence i = Electronic Image s = Substitute Check Number Date Paid Amount 21252i 03/02 100.78 21253 i 03/02 650.62 21300*i 03/02 605.63 21306*i 03/02 140.53 21308*i 03/09 5�8 21310*i 03/02 344.43 21311 i 03/03 558.06 21312i 03/02 412.86 21313i 03/05 1,141.57 213141 03/02 83.87 21316*i 03/02 315.88 21317 i 03/02 1,906.98 21318i 03/02 528.71 21319 i 03/03 490.45 21321*i 03/03 416.82 21322i 03/03 656.19 21323 i 03/02 370.75 21328*i 03/03 397.50 21333*i 03/02 60.69 21334i 03/02 248.89 21338*i 03/02 793.40 21339i 03/02 452.37 21340 i 03/02 605.62 21341 i 03/02 60.81 21343*i 03/12 420.00 21344i 03/06 231.05 21345 i 03/04 1,254.00 21346i 03/06 162.15 21347i 03/06 468.11 21348 i 03/09 458.80 21349 i 03/17 550.40 213501 03/09 434.94 21351 i 03/06 505.01 21352i 03/06 462.06 21353i 03/10 443.13 21354i 03/09 647.48 21355i 03/10 494.33 21356 i 03/06 642.39 21357 i 03/06 493.42 Number Date Paid Amount 213581 03/06 372.14 21359i 03/06 680.30 21360i 03/06 402.80 21361i 03/06 515.99 21362i 03/06 395.80 21363i 03/06 272.18 21364i 03/06 1,146.25 21365i 03/06 68.07 21366i 03/09 190.17 21367i 03/06 428.93 21368i 03/06 443.14 21369i 03/06 395.80 21370i 03/09 793.41 21371i 03/09 439.77 21372i 03/16 605.63 21373i 03/16 80.00 21374i 03/16 15.12 21375i 03/11 1,612.81 21376i 03/06 1,000.00 21377i 03/09 207.60 21378i 03/11 869.77 21379i 03/11 86.15 21380i 03/11 218.83 21381i 03/11 1,000.00 21382i 03/10 2,067.00 213831 03/09 420.00 21384 i 03/11 G lAff.42 213851 03/12 4.82 21386 i 03/11 15.85 21387i 03/13 326.05 21388i 03112 425.00 21389i 03/13 740.00 21390i 03/12 124.55 21391i 03/12 3,306.31 21392i 03/12 280.010 21393i 03/11 450.00 21394i 03/16 379.87 21395i 03/12 3,024.11 21396i 03/10 638.93 Number Date Paid Amount 21397 i 03/13 669.44 21398i 03/12 2,156.00 21399i 03/12 997.15 21400i 03/16 158.42 21401 i 03/12 7.45 21402i 03/16 690.00 21403 i 03/12 166.39 21404i 03/16 663.49 21405 i 03/13 1,032.00 21406i 03/17 25.00 21407i 03/12 1,146.25 21408 i 03/17 1,961.42 21409i 03/13 468.13 21410i 03/16 458.79 21411i 03/17 550.41 21412i 03/17 423.89 21413 i 03/13 505.01 21414i 03/13 475.78 21415 i 03/17 429.97 21416i 03/17 661.66 21417i 03/17 370.75 21418i 03/13 642.38 21419 i 03/13 493.43 21420i 03/13 372.13 21421i 03/13 392.20 214221 03/13 515.99 21423i 03/13 395.80 21424i 03/13 81.23 21425i 03/17 123.88 21426i 03/16 275.30 21427 i 03/13 441.68 214281 03/13 429.97 21429i 03/13 395.81 21430i 03/16 793.4C 21431i 03/16 496.31 21432i 03/16 605.62 21433 i 03/13 618.42 21434i 03/16 70.19 21435 i 03/18 204.44 Paae i of 30 FIFTH THIRD BANK (SOUTH FLORIDA) P.O. BOX 630900 CINCINNATI OH 45263-0900 SEAN MCGUINNESS INC 0 DBA EARTHCARE LANDSCAPE SERVIC 5111 TAMARIND RIDGE DR NAPLES FL 34119-2831 272 Statement Period Date: 3/1/2009 - 3/31/2009 Account Type: Business 53 Checking Account Number: Banking Center: Golden Gate Commercial Client Services: 1-800-589-5355 www.53.com Deposits / Credits - continued Date Amount Descri ion 03/23 23,348.00 DEPOSIT 03/25 10,231.05 ✓ DEPOSIT 03/27 1,718.75 ✓ DEPOSIT 03/27 1,915.00 DEPOSIT 03/31 4,812.50� DEPOSIT 03/31 9,249.12 DEPOSIT Daily Balance Summary Amount Date Amount Date Amount Date 03/02 16,934.10 03/12 25,155.17 03/23 28,651.63 03/03 16,275.08 03/13 18,893.32 03/24 26,222.40 03/04 11,872.62 03/16 23,431.33 03/25 29,313.77 03/05 24,226.80 03/17 18,831.44 03/26 28,032.77 21,035.92 03/06 30,928.21 03/18 12,926.15 26,729.40 03/27 03/30 13,775.43 03/09 39,394.66 35,751.27 03/19 03/20 17,944.27 03/31 24,703.41 03/10 03/11 28,149.40 ON 3/21/09, THE CHARLOTTE CHECK PROCESSING OPERATIONS WILL BE TRANSFERRED TO THE FEDERAL RESERVE BANK OF ATLANTA. AS A RESULT, SOME NON -LOCAL CHECKS WILL BECOME LOCAL CHECKS, MAKING FUNDS AVAILABLE SOONER! VISIT A LOCAL FIFTH THIRD BANK FOR DETAILS. Page 3 of 30 Statement Period Date: 2/1/2009 - 2/27/2009 Account Type: Business 53 Checking FIFTH THIRD SANK Account Number: 7WNW (SOUTH FLORIDA) ` P.O. BOX 630900 CINCINNATI OH 45263-0900 Banking Center: Golden Gate SEAN MCGUINNESS INC Commercial Client Services: 1-800-589-5355 DBA EARTHCARE LANDSCAPE SERVIC 0 www.53.com 5111 TAMARIND RIDGE DR NAPLES FL 34119-2831 218 * Indicates gap in check sequence i = Electronic Image s = Substitute Check Number Date Paid Amount Number 20917 i 02/03 26.49� f21202 i 21112*i 02/06 90.00 21203 i 21138*i 02/03 157.50�/21204i 21142*i 02/02 210.9721205 i 21143i 02/02 113.00 V21206i 21144i 02/02 200.00 ✓ 21207i 21148*i 02/12 300.00 V 21208i 21150*i 02/13 420.00�/21209 i 21151 i 02/11 1,968.00 ✓ ;21210 i 21154*i 02/02 452.87` 21211i 21155 i 02/04 550.41'-/ 21212 i 21159*i 02/02 429.97--/ 21213 i 21160 i 02/03 639.79,�21214 i 21161 i 02/04 467.54 21215 i 21170*i 02/03 140.76-✓ 21216i 21174*i 02/02 792.98 ✓ 21217i 21175i 02/03 373.85 ✓ 21218i 21176i 02/02 605.62,✓ 212191 21178*i 02/05 823.90,E 21220i 21179 i 02/05 915.87.E 21221 i 21180 i 02/05 188.54J 21222 i 21181 i 02/04 239.03J 21223 i 21182 i 02/04 152.26 J 21224 i 21183 i 02/02 2,745.47 V 21225 i 21184 i 02/04 1,764.65.J 21226 i 21186*i 02/10 1,646.51 j, 21227 i 21187 i 02/06 3,458.33✓ 21228 i 21188 i 02/04 3,581.06.1 21229 i 21190*i 02/11 36.5V 21230 i 21192*i 02/06 468.12;/ 21231 i 21193i 02/09 344.43.E 21232i 21194 i 02/10 550.40 v 21233 i 21195 i 02/09 434.94 21234 i 21196 i 02/06 490.47 21235 i 21197 i 02/06 462.07J 21236 i 21198 i 02/09 453.00 21237 i 21199 i 02/09 663.89� 21238 i 21200i 02/10 370.74 v 21239i 21201i 02/06 642.39 `' 21240i Date Paid Amount 02/06 493.43 02/06 372.14 02/06 680.30 02/06 392.20 02/06 515.99 02/06 395.80 02/06 396.13 02/06 1,146.25 02/06 185.07 02/10 275.29 02/06 428.92 02/06 452.99 02/06 395.81 02/09 792.99 02/11 464.95 02/06 605.63 02/06 .2,100.44 02/09 6,764.87 02/11 225.25 02/12 427.05 02/09 10,032.00 02/09 30.01 02/11 110.85 02/12 2,622.00 02/19 431.45 02/13 VV 3,024.25 02/18 363.04 02/13 3,275.62 02/13 378.46 02/17 390.60 02/18 485.49 02/17 313.54 02/13 446.82 02/13 420.92 02/17 318.10 02/18 582.91 02/18 416.68 02/17 549.42 02/17 425.23 Number Date Paid Amount 212411 02/17 338.88 21242i 02/13 342.47 21243i 02/13 416.87 21244 i 02/13 342.82 21245i 02/13 370.52 21246i 02/13 1,146.25 21247 i 02/17 78.50 21248i 02/13 358.84 212491 02/13 318.12 21250i 02/13 328.09 21251i 02/17 792.97 21254*i 02/13 593.86 21255i 02/18 1,751.31 21256i 02/20 240.34 21257 i 02/24 78.55 21258i 02/18 173.68 21259i 02/18 1,606.21 21260i 02/23 79.50 21261 i 02/20 23.00 21262 i 02/18 19.07 21263 i 02/19 58.71 21264i 02/23 180.75 21265 i 02/23 27.78 21266i 02/23 115.75 21267i 02/20 248.47 21268i 02/23 158.42 21269 i 02/19 3,006.10 212701 02/23 741.05 212711 02/26 1,573.41 21272i 02/19 864.41 21273i 02/20 2,634.60 21274i 02/23 884.42 21275i 02/20 468.12 21276i 02/23 458.79 21277i 02/24 554.75 21278i 02/23 434.93 21279i 02/20 494.10 21280i 02/20 343.21 21281i 02/23 443.14 Page 1 of 24 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 06/09/zoo""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Adv. Ins. U/W - ESTERO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10600 Chevrolet Way Ste. 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Estero, FL 33928 239 949-1888 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: FCCI Insurance Company Sean McGuinness, Inc. DBA Earthcare INSURER B: 5111 Tamarind Ridge Drive INSURER C: Naples, FL 34119 INSURER D: INSURER E: 9'nv9:l7er--9:c 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 INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M D POLICY EXPIRATION DATE M D LIMITS A GENERAL LIABILITY GL0005670 05/11/09 05/11/10 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51OCCUR DAMAGE TO RENTEDi occurrence) $1 OO OOO MED EXP (Any one person) $5 000 PERSONAL & ADV INJURY $1 OOO OOO GENERAL AGGREGATE $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG s2,000,000 POLICY CT LOC A AUTOMOBILE LIABILITY X ANY AUTO CA0008901 05/11/09 05/11/10 COMBINED SINGLE LIMIT (Eaaccident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - E4 ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC49602 05/11/09 05/11/10 X WC STATU- O R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500OOO E.L. DISEASE - EA EMPLOYEEI $500OOO OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVfSIONS below E.L. DISEASE- POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Collier County Board of County Commissioners ACORD 25 (2001/08) 1 of 2 #S554567/M554566 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'Ifl_ DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 19813 A CPO graduate might be a maintenance person with part-time pool responsibility. A CPO"' graduate could have a position an an engineering staff, -�N-ith full-time pool operations responsibility The CP09 graduate could be a manager without hands-on responsibility or who has management author�ty ove.& other operators in staff positions. The CPO graduate could be an outside seriice technician, providing third party support to a pool operation. The CPO graduate might be a lifeguard, providing pool operations management when not surveilling. And finally; a CPO graduate could be a facility owner, who recognizes that the ultimate respon- sibility for the supenTision and responsibility of any aquatic facility, resides at this level. Whether owner or technician, manager or lifeguard, the Certified Pool -Spa Operators is one thing - an AQUATICS FACILITY PROFESSIONAL, THEH POOL/SPA OPERATOxDo The Certified Pool/Spa Operators graduate has knowledge and is familiar with all pertinent legislation, regulations, codes -of -practice, standards of design and operation, and guidelines, as it applies to his or her facility. It is the responsibility of the CPOO graduate to have a copy of the relevant information on file. The CPO® graduate consults industry publications for current information regarding facility design, equipment, legislative changes, liability concerns, and management practices. The CPO@ graduate has a good understanding of the facility's mechanical system and all of its components. The CPOO graduate understands how to troubleshoot system components to ensure minimurn downtime. Pool operators who achieve CPO@ certification are responsible for the maintenance of water quality, and are knowledgeable about of providing proper disinfection as well as water balance. Pool operators who are certified in the CPO@ program minimize hazards to the patrons as well as the staff by understanding the requirements of proper chemical storage, usage, and handling. The facility. is maintained in a clean manner, and signage and safety equipment is in place, functional, and easily seen.. Risk management is part of the pool operators responsibilities. They need to be able to identify and evaluate risks at the aquatic facility and then determine the strategy to minimize those risks.