CLB Agenda 06/20/2012of,� C610(�
Coi�"ier
County
COLLIER COUNTY CONTRACTORS' LICENSING BOARD
AGENDA
JUNE 20, 2012
9:00 A.M.
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
BOARD OF COUNTY COMMISSIONERS CHAMBERS
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.
ROLL CALL
II. ADDITIONS OR DELETIONS:
III. APPROVAL OF AGENDA:
IV. APPROVAL OF MINUTES:
DATE: May 16, 2012
V. DISCUSSION:
VI. NEW BUSINESS:
VII. OLD BUSINESS:
(A) Orders of the Board
VIII. PUBLIC HEARINGS:
(A) Case # 2012 -08
Daman Keath Sharp
D /B /A- Sharp Pools and Decking, Inc.
IX. REPORTS:
X. NEXT MEETING DATE: WEDNESDAY JULY 18, 2012
COLLIER COUNTY GOVERNMENT CENTER
ADMINISTRATIVE BUILDING
THIRD FLOOR IN COMMISSIONERS CHAMBERS
3299 E. TAMIAMI TRAIL
NAPLES, FL 34112
BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, CONTRACTORS'
LICENSING BOARD
Petitioner,
V.
Daman Keath Sharp
D /B /A — Sharp Pools and Decking, Inc.
Respondent.
Case Number: 2012 -08
License Number: 23844
ADMINISTRATIVE COMPLAINT
Collier County (County) files the Administrative Complaint against Daman Keath Sharp ( Respondent), a
Collier County Registered Residential Swimming Pool Contractor ( license # 23844), and states the
following facts and allegations in support of the cited violations below:
1. The Respondent is currently licensed by Collier County as a Registered Residential Swimming
Pool Contractor with License number 23844.
2. Under the provisions of Collier County Ordinance 90 -105, as amended, Section 22 -201, the
following actions by a holder of a Collier County / city certificate of Competency shall constitute
misconduct and grounds for discipline pursuant to Section 22 -202.
a. Ordinance 90 -105, as amended, Section 22- 201(2) -" Contracting to do any work outside of
the scope of his competency as listed on his competency card and as defined in this article
or as restricted by the contractors' licensing board ". Mr. Sharp, a Collier County Registered
Residential Swimming Pool Contractor, contracted for the construction of a paving block
driveway, not included within the scope of Registered Residential Swimming Pool
Contractor, pursuant to Ordinance 2006 -46 Section 1.6.2.8
b. Ordinance 90 -105, as amended, Section 22- 201(6) - "Disregards or violates, in the
performance of his contracting business in the county, any of the building, safety, health,
insurance or workers' compensation laws of the state or ordinances of this county ". Mr.
Sharp, by failing to secure and maintain compensation for his employees, violated Florida
Statute 440.10(1)(a).
c. Ordinance 90 -105, as amended, Section 22 -201 (10). " Failing to promptly correct faulty
workmanship or promptly replace faulty materials installed contrary to the provisions of the
construction contract. Faulty workmanship means work that is not commenced, not
continued, or not completed in accordance with all specifications of the applicable written
agreement. Faulty workmanship includes any material flaw(s) in the quality and / or
quantity of the unfinished work product, including any item that does not function properly
as a part of the entire project. If there is no written agreement provision regarding the
specific faulty workmanship issue, faulty workmanship exists if the work, process, product or
part thereof does not meet generally accepted standards in Collier County in relation to the
entire project. Faulty workmanship does not include matters of aesthetics unless the
aesthetically related item clearly violates a written contract specification directly related
thereto ". Mr. Sharp constructed a paving block driveway that does not meet the generally
accepted standards in Collier County.
d. Thereafter, pursuant to Collier County Ordinance 90 -105, as amended, Section 22 -202 (b)
and Section 22 -202 (c), the complaint was investigated and found sufficient cause to file
formal charges.
3. Collier County brings the following charge in this formal complaint against the Respondent.
COUNT
4. Ordinance 90 -105, as amended, Section 22- 201(2) -" Contracting to do any work outside of the
scope of his competency as listed on his competency card and as defined in this article or as
restricted by the contractors' licensing board.
COUNT 2
5. Ordinance 90 -105, as amended, Section 22- 201(6) - " Disregards or violates, in the performance
of his contracting business in the county, any of the building, safety, health, insurance or
workers' compensation laws of the state or ordinances of this county ".
COUNT 3
6. Ordinance 90 -105, as amended, Section 22- 201(10). " Failing to promptly correct faulty
workmanship or promptly replace faulty materials installed contrary to the provisions of the
construction contract. Faulty workmanship means work that is not commenced, not continued,
or not completed in accordance with all specifications of the applicable written agreement.
Faulty workmanship includes any material flaw(s) in the quality and / or quantity of the
unfinished work product, including any item that does not function properly as a part of the
entire project. If there is no written agreement provision regarding the specific faulty
workmanship issue, faulty workmanship exists if the work, process, product or part thereof does
not meet generally accepted standards in Collier County in relation to the entire project. Faulty
workmanship does not include matters of aesthetics unless the aesthetically related item clearly
violates a written contract specification directly related thereto ".
WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action
under Section 22 -201 of Collier County Ordinance 90 -105, as amended, and
WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier
County Contractors' Licensing Board to find the Re�po4dent guilty of the violations charged.
Dated: June 11, 2012 Signed:
CoMer County Contractors' Licensing
Supervisor or Designee
C.L.B. Case # 2012 -08
Daman Keath Sharp — D /B /A Sharp Pools and Decking, Inc.
Summary
On 5/3/11 Daman Sharp / Sharp Pools and Decking, Inc. (contractor) provided an
estimate (E14) of $37,277.00 for the construction of a swimming pool for a single family home
to David Clark (homeowner). Records provided by Mr. Clark show an initial payment of
$5000.00 (E15) on or about 5/9/11. A Building Permit was submitted for the construction of the
pool on 6/2/11. The Building Permit was issued (E16) and the Notice of Commencement was
filed on 6/13/11, when shortly thereafter the construction of the pool began.
On 6/20/11 Daman Sharp (contractor) contracted for the construction of a paving block
driveway in the amount of $4,919.70 (E17) with the homeowner, David Clark. The construction
of the pool and driveway were completed between 6/20/11 and 10/5/11. The construction of
the pool was issued a certificate of completion on 10/5/11.
On 10/7/11 David Clark (homeowner) submitted a Preliminary Complaint Form (E18) to
the Contractors' Licensing Section, stating the specific complaint(s) being unlicensed
contracting, unlicensed / uninsured workers, departing from materials and plans agreed upon
and faulty work failing to correct or guarantee.
In researching the unlicensed contracting facet of the complaint, it was discovered that
Mr. Sharp had contracted for the construction of the paving block driveway while qualifying his
company with a Collier County Registered Residential Swimming Pool Contractors' License.
Pursuant to Collier County Ordinance 2006 -46 Section 1.6.2.8 (Residential Pool /Spa Contractor)
the construction of paving block driveway is not included in the scope (E19). The construction
of a paving block driveway is listed in the definition of Paving Blocks Contractor, Collier County
Ordinance 2006 -46 Section 1.6.3.29 (E20). Said contract constitutes a violation of Collier County
Ordinance 90 -105, as amended, Section 22- 201(2) (E21 & E22).
Within the Preliminary Complaint Form packet, Mr. Clark provided photographic
evidence (E24 & E25) and email correspondence (E26) indicating workers, other than Mr. Sharp,
were engaged in construction at the Clark residence. Research through County databases (E10)
and State of Florida Workers Compensation websites (E27) revealed the operation of Sharp
Pools and Decking, Inc. with only a Workers Compensation exemption for Daman Sharp.
Addressing the "departing from materials and plans / faulty work failing to correct or
guarantee" facet of the complaint, Mr. Clark had concerns about the construction of the
driveway. It was explained to Mr. Clark, due to no inspections being required for the
construction of the driveway, an independent inspection / assessment of the construction, by a
licensed paving block contractor, residential, building or general contractor would be necessary
to determine whether the construction of the driveway met the generally accepted standards
in Collier County.
On 10/11/11, a meeting with Ian Jackson, Michael Ossorio and Daman Sharp was held.
The complaint was reviewed with Mr. Sharp. Included in the review were questions pertaining
to the employees engaged in the construction of the pool and driveway. Mr. Sharp was unable
to provide documentation showing Workers' Compensation coverage for the employees and
acknowledged not having the required coverage, violating Florida Statute 440.10(1)(a) (E28).
Said Violation of State of Florida Workers' Compensation Statute constitutes a violation of
Collier County Ordinance 90 -105, as amended, Section 22- 201(6) (E22).
On 10/31/111, Ian Jackson, met with homeowner and Gil Anuez, Collier County Paving
Block Contractor and qualifying agent for Accurate Pavers (E29), at site. Mr. Anuez and his
representative removed several areas of paving block from driveway to find the absence of a
limerock base. It was Mr. Anuez's professional opinion that the construction of the paving block
driveway did not meet the generally accepted standard in Collier County (E30). It was explained
that if the driveway was constructed connecting to a Collier County maintained road and a
"Right of Way" permit were required, the inspection would not have passed due to the fact that
there is no limerock base (E31). On 12/6/11, an estimate was provided from Accurate Pavers to
Mr. Clark for the reconstruction of the driveway, utilizing the existing paving blocks and
installing a four inch limerock base, for $4,202.00 (E32).
On 12/29/11, I, Ian Jackson, advised Mr. Sharp of the estimate to reconstruct the
driveway and gave option to provide a rebuttal to the inspection / assessment of the driveway.
On 1/24/12, a "Notice of Order to Correct" was issued to Mr. Sharp, signed for by
Jeanette Sharp (E33).
Between 1/24/12 and 4/9/12, there was extensive communication between myself, Ian
Jackson, and Mr. Sharp concerning the process in reconstructing the driveway. Mr. Sharp was
advised that he may arrange for a licensed Paving Block Contractor, Residential, Building or
General Contractor to reconstruct the driveway, with plans submitted to Collier County
Contractors' Licensing office and to Mr. Clark (homeowner) to ensure the reconstruction meets
the generally accepted standard in Collier County.
On 4/9/12, a telephone conversation between Michael Ossorio and Daman Sharp took
place where Mr. Sharp indicated that he was not in a position to have the driveway
reconstructed. Mr. Sharp was advised, verbally, that a Hearing would be held at the
Contractors' Licensing Board. The act of Mr. Sharp failing to promptly correct faulty
workmanship constitutes a violation of Collier County Ordinance 90 -105, as amended, Section
22- 201(10) (E23).
6/7/11 to 6/12/11- case preparation for Contractors' Licensing Board.
C.L.B. Case # 2012 -08
Daman Keath Sharp — D /B /A Sharp Pools and Decking, Inc.
Table of Contents
E1 through E5 — Formal Complaint
E6 through E9 — Contractors' Licensing Code Case Details
E10 —Certificate Detail Report
E11— State Division of Corporations / Detail by Entity Name
E12 — Notice of Hearing. Mailed, certified, 5/22/12
E13 — Return Receipt, signed 5/31/12
E14 — Estimate for pool construction
E15 — Payment
E16 —Pool Permit
E17 — Emailed paver driveway estimate / bid
E18 — Preliminary Complaint Form
E19 — Ordinance 2006 -46 Section 1.6.2.8. Residential Pool / Spa Contractor definition
E20 — Ordinance 2006 -46 Section 1.6.3.29. Paving Blocks Contractor definition
E21 through E23 — Ordinance 90 -105, as amended, Sections 22- 201(2), (6) and (10).
E24 — Photo of employee
E25 — Photo of employee
E26 — Emailed correspondence indicating workers, other than Mr. Sharp.
E27 — Florida Dept. of Financial Services / Employer Detail Page
E28 — Florida Statute 440.10(1)(a)
E29 — Certificate Detail Report. Gilbert Anuez / Accurate Pavers
E30 — Driveway construction assessment
E31— County Specifications for base material
E32 — Proposal for reconstruction
E33 — Notice of "Order to Correct"
E34 — Florida Statute 489.105(6) / contracting definition
Contractors' Licensing Board
2800 North Horseshoe Dr.
Naples, Fl. 34104
Complaint Number- 2012 -08
Complainant: Any person who believes that a Contractor holding a State Certification or Certificate of
competency has violated Collier County Ordinance 90 -105, as amended, may submit a sworn complaint
to the Contractor Licensing supervisor, or his / her designee. The complaint shall be in substantially the
form prescribed by the Contractor Licensing Supervisor. The complainant shall pay a fee of $50.00 to
defray the costs of administering the complaint, at the time of filing the complaint. The complaining
party shall state with particularity which section(s) of this Ordinance he or she believes has been
violated by the contractor and the essential facts in support thereof.
Complaint:
Please print or type and return signed copies of the complaint.
Date: June 11, 2012
Against:
Contractor's Name: Daman Keath Sharp
Phone: 239 - 352 -2175 / 239 - 249 -2589
Business Name: Sharp Pools and Decking, Inc.
License Number if known: 23844
Collier County Competency number: 23844
Contractor's Business Address: 2626 101' Ave NE Naples, A 34120
Filed By:
Name: Ian Jackson / Collier County Contractors' Licensing Section / Growth Management Division
Address: 2800 N. Horseshoe Dr. Naples, Fl 34104
Business Phone: 239 - 252 -2451
Address where work done:1258 Kendari terrace
City: Naples
County: Collier
Date of contract: Driveway contract 6/20/11.
Date job started: Driveway construction post 6/20/11.
Date job completed or new home occupied: September, 2011 +/-
Were there plans and specifications? Yes
Is there a written contract? Proposal via email for driveway. If yes, amount of Contract: $4,919.70
Has Contractor been paid in full? Unknown. If not, what amount? $ 45,000.00
Was a Building Permit obtained? Permit obtained for pool. Not required for driveway.
Building Permit number if known: N/A
Have you communicated by letter with the licensee? Yes
Date: 5/22/12. Do you have a reply? Yes. Return receipt signed 5/31/12.
Please attach to this form all copies of the purchase agreement, building contract, home improvement
contract, copies of receipts and /or cancelled checks available and any additional evidence to
substantiate your allegations. List any subsections of Section 4 of Collier County Ordinance number 90-
105, as amended, which, in your opinion, have been violated by the contractor which is the subject of
this complaint, (list subsection number):
4.1.2- Contracting to do any work outside of the scope of his / her competency as listed on his / her
competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board.
4.1.6- Disregards or violates, in the performance of his contracting business in Collier County, any of the
building, safety, health, insurance or Workers' Compensation laws of the State of Florida or ordinances
of this County.
4.1.10- Failing to promptly correct faulty workmanship or promptly replace faulty materials
installed contrary to the provisions of the construction contract. Faulty workmanship means
E 7.
work that is not commenced, not continued, or not completed in accordance with all
specifications of the applicable written agreement. Faulty workmanship includes any material
flaw(s) in the quality and / or quantity of the unfinished work product, including any item that
does not function properly as a part of the entire project. If there is no written agreement
provision regarding the specific faulty workmanship issue, faulty workmanship exists if the
work, process, product or part thereof does not meet generally accepted standards in Collier
County in relation to the entire project. Faulty workmanship does not include matters of
aesthetics unless the aesthetically related item clearly violates a written contract specification
directly related thereto.
93
Please state the facts which you believe substantiate your charge of misconduct against the subject
contractor. List facts separately for each subsection number above:
a. Ordinance 90 -105, as amended, Section 22- 201(2) -" Contracting to do any work outside of
the scope of his competency as listed on his competency card and as defined in this article
or as restricted by the contractors' licensing board ". Mr. Sharp, a Collier County Registered
Residential Swimming Pool Contractor, contracted for the construction of a paving block
driveway, not included within the scope of Registered Residential Swimming Pool
Contractor, pursuant to Ordinance 2006 -46 Section 1.6.2.8.
b. Ordinance 90 -105, as amended, Section 22- 201(6)- " Disregards or violates, in the
performance of his contracting business in the county, any of the building, safety, health,
insurance or workers' compensation laws of the state or ordinances of this county ". Mr.
Sharp, by failing to secure and maintain compensation for his employees, violated Florida
Statute 440.10(1)(a).
c. Ordinance 90 -105, as amended, Section 22- 201(10). " Failing to promptly correct faulty
workmanship or promptly replace faulty materials installed contrary to the provisions of the
construction contract. Faulty workmanship means work that is not commenced, not
continued, or not completed in accordance with all specifications of the applicable written
agreement. Faulty workmanship includes any material flaw(s) in the quality and / or
quantity of the unfinished work product, including any item that does not function properly
as a part of the entire project. If there is no written agreement provision regarding the
specific faulty workmanship issue, faulty workmanship exists if the work, process, product or
part thereof does not meet generally accepted standards in Collier County in relation to the
entire project. Faulty workmanship does not include matters of aesthetics unless the
aesthetically related item clearly violates a written contract specification directly related
thereto ". Mr. Sharp constructed a paving block driveway that does not meet the generally
accepted standards in Collier County.
( ComplainInt's signature)
State of: Florida
County ofd
Sworn
* MOTS.
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ed) and subscribed before me this 11th day of June, 2011, ' g
l�OR /OA x
(signature of person making statement).
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F ' igt,
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* NO,
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Print, type or stamp commissioned name of Notary Public:
Personally known XK or produced identification
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,et Report Title: Code Case Details
Date: 6/12/2012 8:53:36 AM Case Number: cemis20110014306
I Case Number: ICEMIS20110014306 I
I Case Type: I Misconduct I
Priority: I Normal
Inspector: I IanJackson
Jurisdiction: I Contractor's Licensing
Origin: I Complaint
I Status: I Preliminary Review I
Date & Time Entered: 110 /11/2011 2:51:38 PM I
Entered By: I lanJackson
I Case Disposition:lCase Pending I
Detail Description: Complaint from homeowner, David Clark / 1258 Kendari Dr, against Daman Sharp / Sharp Pools
and Decking, Inc.. Complaint includes Unlicensed Contracting, Unlicensed Uninsured Workers,
Departing from materials and plans agreed upon, Faulty work failing to correct or guarantee.
Location Comments: 11258 Kendari Dr / Folio 22435003061
o-
_
Property
22435003061
dl
.. ....7 .K.. .- ,_-d4...
Complainant
CLARK, DAVID
Business Management & Budget Office a 1
Code Case Details
Execution Date 6/12/2012 8:53:36 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Preliminary Investigation
IanJackson
10/21/2011
10/24/2011
Needs
10 /11 /11.Received complaint from
Investigatio
homeowner, David Clark, at 1258 Kendari
n
Terrace. Contracted w/ Daman Sharp for
construction of new pool. Pool finished and
CO'd. Contracted for paving block driveway.
Homeowner alleges paving block driveway
not constructed w/ adequate base rock to
support driveway. Have corresponded w/
homeowner asking to have at least one
licensed paving block contractor make
assessment of construction to verify that no
base was constructed. As of 10/19/11, have
been e- mailing w/ homeowner (copying
MGO). Will move forward with assessment
from licensed paving block contractor.
10/31/11. Met w/ homeowner and Accurate
Pavers at site.
11/2/11. Spoke w/ complainant. Asked that he
provide me w/ assessment of paver driveway
install and amended complaint to address
alleged deficincies in pool deck installation.
Cont. Investigation
IanJackson
11/18/2011
11/18/2011
Complete
11/18/11. Documentation received. will
arrange meeting w/ contractor to address
issues.
Cont. Investigation
IanJackson
11/21/2011
11/21/2011
Complete
11/21/11. Calls made to contractor 11/18/11
and 11/21/11. No answer. Cell # states not
available.
Cont. Investigation
IanJackson
11/30/2011
11/30/2011
Complete
11/29/11. Daman Sharp met w/ MGO at office
and was presented with installation
assessment. Sharp given option to have his
independent contractor provide a rebuttal to
the assessment or arrange for an
appropriately licensed contractor to reinstall
the driveway according to the standard set
forth by Collier County. MGO advised Daman
Sharp to contact him within a reasonable time
frame to indicate which route will be taken.
Cont. Investigation
IanJackson
12/8/2011
12/8/2011
Complete
12/8/11. Estimate received from paving block
contractor with price to reinstall driveway
utilizing the existing paving blocks. Price is
$4202.00.
Cont. Investigation
IanJackson
12/29/2011
12/29/2011
Complete
12/29/11. Advised Contractor of revised price
to reinstall paving units w/ installation in
accordance w/ standards accepted by County.
Cont. Investigation
IanJackson
1/10/2012
1/10/2012
Complete
1/10/12. E- mailed notification to Sharp
regarding promptly correcting faulty
workmanship. E -mail attached in case.
Cont. Investigation IanJackson
1/26/2012
1/26/2012
Complete
1/23/12. Spoke w/ Daman Sharp and advised
of Notice of Order to Correct.
1/24/12. Notice signed for by Jeanette Sharp
at Licensing office. Notice in case "DOCS &
IMAGES
".
Business Management & Budget Office
s01
Code Case Details
Execution Date 6/12/2012 8:53:36 AM
Desc
Assigned
Required
Completed
Outcome
Comments
Cont. Investigation
IanJackson
2/15/2012
2/15/2012
Complete
2/15/12. E -mail correspondence w/ David
Clark. Daman Sharp indicated that he wishes
to correct the driveway by use of a General
Contractor. Advised Sharp that when he has
General Contractor willing to correct driveway,
to have the GC contact me to submit, in
writing, the steps being taken to correct
driveway. Sharp agreed.
Cont. Investigation
IanJackson
3/2/2012
3/2/2012
Complete
3/2/12. Spoke w/ Daman Sharp. still
attempting to locate contractor to correct
driveway. Stated he will contact me.
Cont. Investigation
IanJackson
3/12/2012
3/12/2012
Complete
3/12/12. Waiting for Sharp to arrange for
driveway correction. If no correction, will be
scheduling for CLB. Unsure when homeowner
will be available for CLB.
Cont. Investigation
IanJackson
3/29/2012
3/29/2012
Complete
3/29/12. Have heard nothing from Daman
Sharp or David Clark. Mr. Clark has indicated
that he will be available for CLB (if required) in
May. Will be scheduling for May to address
the faulty driveway install, if no action taken
by Mr. Sharp.
Cont. Investigation
IanJackson
4/10/2012
4/10/2012
Complete
4/9/12. Phone conversation between MGO
and Daman Sharp. Sharp indicated that he is
not in a position to have the driveway
reconstructed. Sharp was advised by MGO
that a Hearing will be scheduled.
E- mailed complainant. Need to know when
complainant will be available for Hearing.
Cont. Investigation
IanJackson
4/16/2012
4/16/2012
Complete
4/16/12. David Clark's availability is unsure for
his presence at CLB. Will contact me when he
is more sure of schedule.
E -mails from 4/10/12 to 4/12/12 between
myself and Mr. Clark stating such.
Cont. Investigation
IanJackson
5/7/2012
5/7/2012
Complete
5/7/12. Earliest CLB Hearing will be June 20,
2012. Have been in communication, via e-
mail, w/ complainant concerning availability.
Cont. Investigation
IanJackson
5/22/2012
5/22/2012
Complete
5/22.12. Complainant indicated,via email, that
he will be available for June 20 CLB.
Prepared Notice of Hearing, to be Mailed
certified mail, to Daman Sharp. Attempted to
contact Sharp via telephone to issue Notice of
Hearing personally. No success with phone
number.
5/22/12. Notice of Hearing mailed Certified /
return receipt.
Cont. Investigation
IanJackson
5/31/2012
5/31/2012
Cumplele
5/31/12. Waiting for return receipt.
Cont. Investigation IanJackson
6/7/2012
6/7/2012
Complete
6/7/12. Return Receipt received. Signed for
on 5/31/12. Preparing case for CLB.
Cont. Investigation IanJackson
6/12/2012
6/12/2012
Complete
6/12/12. CLB preparation. Hearing 6/20/12.
Investigation IanJackson
6/20/2012
Pending
.e t
t ".hte,r.,b"'TM"�,r„,#^At�!"# .....• b ':. nry,°,am°?r.�i..�. �'= . -:.;:; Y" E ... .a.., ,h rr ...4 z.� -�a
Business Management & Budget Office
it
Code Case Details
Execution Date 6/12/2012 8:53:36 AM
Violation Description>
Status
Entered
Corrected
Amount
Comments
4.1 Misconduct - County /City
Certificate of Competency
Open
3/8/2012
$0
Title Reason Result Compliance Fine /Day Condition
Business Management & Budget Office C4 4
Certificate Detail Report
CDPR2305 - Certificate Detail Report
CERT NBR QUALIFIER NAME DBA
23844 DAMAN KEATH SHARP SHARP POOLS AND DECKING, INC
DETAIL
CLASS CODE CLASS DESC
1610 SWIMMING POOL RESIDENTIAL. - REGISTER
ORIG ISSD DATE
8/5/2002
RENEWAL DATE
COUNTY COMP CARD COUNTY EXP DATE
EXPIRE DATE
9/30/2012
COUNTY OL EXEMPT N
CNCL DATE
COUNTY OL NBR COUNTY OL EXP DATE
020215 9/30/2012
REINSTATE DATE
DBA
PHONE FAX
(239)352 -2175
MAILING ADDRESS
PHYSICAL ADDRESS
2626 10TH AVE NE
2626 10TH AVE NE
NAPLES
FL 34120- NAPLES
LIABILITY INSURANCE
COMPANY
EXP DATE
WEEMS INSURANCE OF
NAPLES, INC. - NAPLES 12/10/2011
PHONE
EFFECTIVE DATE
(239)775 -8705
12/10/2010
POLICY NUMBER
CNCL DATE
GL 931771
INSURANCE LIMITS
200,000
WORKERS COMPENSATION INSURANCE
WC: EXEMPT Y
COMPANY
EXP DATE
PHONE
POLICY
Collier County Board of County Commissioners
CD-Plus for Windows 95 /NT
EFFECTIVE DATE
STATUS
ACTIVE
STATE NBR
RP 252554745
STATE EXP DATE
8/31/2013
0TH OL NBR
OB 22603
0TH OL EXP DATE
8/31/2011
FL 34120-
CNCL DATE
Printed on 10/7/201 3:57:45PM
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SHARP POOLS AND DECKING, INC.
Filing Information
Document Number P02000079847
FEI /EIN Number 300095204
Date Filed 07/22/2002
State FL
Status ACTIVE
Return To List
Principal Address
2626 10 AVE NE
NAPLES FL 34120
Mailing Address
2626 10 AVE NE
NAPLES FL 34120
Registered Agent Name & Address
SHARP, DAMAN
2626 10 AVE NE
NAPLES FL 34120
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SHARP, DAMAN
2626 10 AVE NE
NAPLES FL 34120
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http: / / www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= P020000798... 6/12/2012
Collier County
Growth Management Division / Planning and Regulation
Operations Department / Licensing Section
CERTIFIED MAIL # 7007 2560 0001 1485 5070
RETURN RECEIPT REQUESTED
Date: May 22, 2012
Daman Keath Sharp
DB /A- Sharp Pools and Decking, Inc.
2626 10'' Ave, NE
Naples, Fl. 34120
RE: Complaint fled against you by David Clark regarding a violation of Collier County Ordinance 90-
105, as amended, Section(s) 22- 201(2), 22- 201(6) and 22- 201(10). Complaint filed October 7, 2011.
Dear: Mr. Sharp,
• complaint has been fled against you by the above referenced individual.
• hearing of this complaint will be held by the Contractors' Licensing Board on 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) 22- 201(2), 22-
201(6) and 22- 201(10) of Ordinance # 90 -105, as amended, the range of disciplinary sanctions which may
be imposed are from an oral reprimand to a suspension or revocation of your Collier County Certificate
#23844 and/or suspension or revocation of your permit privileges against your state license #
RP252554745 (State Registration).
Si y,
Ia iids
LicenssUg Compliance Officer
phone# 239 - 252 -2451
e IL
SENDER: COMPLETE THIS SECTION [ COMPLETE THIS SECTION ON DELIVERY
i
Sharp Pools and Decking,inc
2626 10th Ave NE „
Naples, FL 34120
Date 5!3!2011
Estimate # 2010 -127
P.O. #
Terms
Pool Shell Form, Steel, Gunite(13'x28')
Electrical
Equipment:1.5 Hp Pump,filter,Light, chlorinator and blower
Excavation
Spa
Footer
Stepping stone installation
Brick Coping
Aqua Link
Screen Encloser
permit and recording with the county
sharppooldecking @aol.com
v(
239 -249 -2589
Due Date
Other
36k
RK-r-ME
13,468.00
1,560.00
1,877.00
800.00
3,000.00
1,236.00
600.00
1,230.00
2,100.00
10,706.00
700.00
13,468.00
1,560.00
1,877.00
800.00
3,000.00
1,236.00
600.00
1,230.00
2,100.00
10,706.00
700.00
$37,277.00
$0.00
$37,277.00
,�Q0 cAsH
3 o�< 6A,-V U-P ,0
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Subject: Payments to Daman
From: david clark (dcalpharomeoCyahoo.ca)
To: dcalpharomeo@yahoo.ca;
Date: Thursday, October 6, 2011 9:14:21 PM
06/23/2011 WIRED FUNDS - $30,000.00
DISBURSED
type: WIRED FUNDS OUT
09/01/2011 SCHWAB ONE CHECK 0211 - $10,000.00
type: SCHWAB CHECK
05/09/2011 WACHOVIA - $5,000.00
as of EAGLE CREEK
05/04/2011 NAPLES FL
type: VISA CASH
ADVANCE
C W
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT #: 2011060188
ISSUED: 06 -13 -11 BY: KATHLEENVANSICK
MASTER #: 2011060188 COA #:
JOB ADDRESS: 1258 KENDARI TER
JOB DESCRIPTION: POOL AND SPA
SUBDIVISION #: 3946
FLOOD MAP: 0615
FOLIO #: 000002243500
OWNER INFORMATION:
CLARK, DAVID
1258 KENDARI TERR
NAPLES, FL 0 34113
PERMIT
PERMIT TYPE: POOL VALID #: 188
APPLIED DATE: 06 -02 -11 APPROVAL DATE: 06 -09 -11
JOB PHONE: (239)249 -2589
-Artesia Naples BLOCK: A LOT:7
ZONE: AE -6 ELEVATION:
3061 SECTION - TOWNSHIP -RANGE 4 51 26
CONTRACTOR INFORMATION:
SHARP POOLS AND DECKING, INC.
2626 10TH AVE NE
NAPLES, FL 34120-
CERTIFICATE #: 23844 PHONE: (239)352 -2175
FCC CODE: 329 - STRUCT 0TH THAN BLDG -POOL /SEAWALL /DOCK /F
CONSTRUCTION CODE: 10 / OTHER
JOB VALUE: 36,000.00 TOTAL SQFT:
SETBACKS FRONT: REAR: 22.00 LEFT: 0.00 RIGHT: 20.00
SEWER: SEPTIC WATER: WELL
CONTACT NAME: DAMAN
CONTACT PHONE: (239)249 -2589
Per Collier County Ordinance No. 2002 -01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional
stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance of the permit Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further
understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of
Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION, CONTACT DEP AT (239) 332 -6975.
In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found
in the public records of this county, and there may be additional permits required from other governmental entities such as
water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
1916
Hello David, Sony it took so long. Regarding paint on a new pod finish I do not agnw However I hart: an idea hoe you
might get that string -look. By using half inch by six inch the in a line spaced about a foot apart to get the string took.
AE. Price for paver- drireway_$4;919.70 exira screen $1,63200 ianr►ing (edge $700:010. SAM right for pod $448.32 Sal tight
for spa $403.78 LED light for pool $0118 LED light tcxspa $491.93. 1 have looked at the travertine I do not see any
black. I have not seen a tile that is shiny and skid proof in black before_ As far as giving you a quote for the key and
pod beam area I need to know what product is being installed. Because they are installed different from one another.
Marble and travertine take more time and installing materials. Please get back with me on these items. 1 will check
email every hour for response thank you. Daman
-- Original Message
From: david clark <dcalpharomeo@yahoo.ca>
To: inc Sharp Pools and Decking <sharppooldecking @aol.com>
Sent: Mon, Jun 20, 2011 11:01 am
Subject: TRAVERTINE I THINK WOULD BE BEST FOR KEYS AND ALSO EDGE IF CAN GET THE COLORS
http : / /www.travertinewarehouse.com /travertine- tiles.html
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COLLIER COUNTY BUILDING REVIEW &
PERMITTING
CONTRACTOR'S LICENSING
N. Horseshoe Drive • Naples, Florida 34104 • (239) 252 -2432 • Fax (239) 252 -2469
l ZqN- ,Y /
PRELIMINARY COMPLAINT FORM
Your Name: V CLA9" Date:
Address: I L. �C -to-bAiZt TF ity: NAPLES State: FL Zip: 31{ -113
e_rha; L : d Ga.LP �,a-ro n�eA �.J- cA �ou.Gct.
Home Phone: ot, 35 g 6 o00 (K Business -4ee:
THIS COMPLAINT IS AGAINST: ' 1—
Company Name: S6Tr-OOLS License #
Contractor or Person in Charge: (If Known) 'r)A MA rJ S 1-J -A?. P
.Address:
FL 34.120
Phone: 23l 2-49 -4591 Date of Contract: S -3 /iz.,
THE SPECIFIC COMPLAINT IS: (Attach additional sheets as necessary)
(2.z. AC.- tillC-
PA 9:r, tJ o m Hz -5; z i A L. A -N QLA^� S k G aeo, u Pd,..1
Attach Copies of All Appropriate Documents: Contracts, Checks, Liens, Permits, Etc.
Contractor Licensing Officers: Michael Ossorio (Supervisor) - (239) 252 -5706
Tan Jackson- (239) 252 -2451
Robin Ganguli- (239) 252 -2914
Signature:
Allen Kennette- (239) 252,?
Karen Clemen � �254z
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710
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all perimeter piping and filter piping, and the construction of equipment rooms or housing for
pool/spa equipment, and also includes the scope of work of a swimming pool/spa servicing
contractor. The scope of such work does not include direct connections to a sanitary sewer
system or to potable water lines. The installation, construction, modification, or replacement of
equipment permanently attached to and associated with the pool or spa for the purpose of water
treatment or cleaning of the pool or spa requires licensure; however, the usage of such
equipment for the purposes of water treatment or cleaning shall not require licensure unless the
usage involves construction, modification, or replacement of such equipment. Water treatment
that does not require such equipment does not require a license. In addition, a license shall not
be required for the cleaning of the pool or spa in any way that does not affect the structural
integrity of the.pool or spa or its associated equipment.
1.6.2.8. Residential Pool/Spa Contractor requires twenty -four (24) months experience
with a passing grade on *4h fee '�,ew an approved test and a passing grade on a two (2) #e
business and law test and means a contractor whose scope of work involves, but is not limited to,
the construction, repair, and servicing of any residential swimming pool, or hot tub or spa,
regardless of use. The scope of work includes the installation, repair, or replacement of existing
equipment, any cleaning or equipment sanitizing which requires at least a partial disassembling,
excluding filter changes, and the installation of new pool/spa equipment, interior finishes, the
installation of package pool heaters, the installation of all perimeter piping and filter piping, and
the construction of equipment rooms or housing for pool/spa equipment, and also includes the
scope of work of a swimming pool/spa servicing contractor. The scope of such work does not
include direct connections to a sanitary sewer system or to potable water lines. The installation,
construction, modification, or replacement of equipment permanently attached to and associated
with the pool or spa for the purpose of water treatment or cleaning of the pool or spa requires
licensure; however, the usage of such equipment for the purposes of water treatment or cleaning
shall not require licensure unless the usage involves construction, modification, or replacement
of such equipment. Water treatment that does not require such equipment does not require a
license. In addition, a license shall not be required for the cleaning of the pool or spa in any way
that does not affect the structural integrity of the pool or spa or its associated equipment.
1.6.2.8.1. Non - Recreational Pond Waterfall Fountain Contractor requires twenty -four
(24) months experience with a passing grade on a twe42) -hew business and law test and means
any person whose scope of work is limited to the construction of non - recreational ponds,
waterfalls and/or fountains. However, the scope of such work does not include direct
connections to a sanitary sewer system, potable water lines, or to any electrical installation.
1.6.2.9. Swimming Pool/Spa Servicing/Repair Contractor requires 24 months experience
with a passing grade on a thfee- (3) heur an approved test and a passing grade on a twe -(2) hou
11
Words 5Wusk4hr uO are deleted; words underlined are added.
1.6.3.26. Liquefied Petroleum Gas Installation Contractor means any person qualified and
licensed pursuant to Chapter 527, Florida Statutes, to install apparatus, piping and tubing, and
appliances and equipment necessary for storing and converting liquefied petroleum gas into
flame for light, heat, and power. Placement of fire safing and fire stopping materials shall be
permitted on wall, ceiling and floor penetrations created within the scope of the work allowed by
this section.
1.6.3.27. Marine, Seawall, and Dock Construction Contractor requires thirty -six (36)
months experience, a passing grade on
a4hfee-(3)-heuF an approved test and a passing grade on a
met business and law test, and means those who are qualified to build and install
bulkheads, revetments, docks, piers, wharves, groins, boathouses, lifts and davits, and to do pile
driving. Electrical service and wiring must be provided by a licensed electrical contractor.
1.6.3.28. Masonry Contractor requires thirty -six (36) months experience, a passing grade
on fi4hFee-(3)4ietu an a roved test and a passing grade on a
V*e-R-J� business and law test
and means those who are qualified to selac:t, cut, and lay brick and concrete block or any other
unit masonry products, lay other baked clay products, rough cut and dress stone, artificial stone
and precast blocks, glass brick or block, but who shall not pour or finish concrete.
1.6.3.29. Paving Blocks Contractor. Requires twenty -four (24) months experience in the
respective construction plus a passing grade on 04hfee4-3) -heu£ an ap___� p _roved test and a passing
grade on a tw-O �� business and law test, and means those persons who are qualified to
construct driveways, sidewalks, patios and decks, using concrete paving units.
1.6.3.30. Painting Contractor requires twenty -four (24) months experience, a passing
grade on &+3)4 etu an approved test and a assin
P g grade on a twe+2)4euF business and law
test and means those who are qualified to use spraying equipment as well as hand tools to finish
both exterior and interior work. A painting contractor may do paperhanging, sandblasting,
waterproofing, and may clean and paint roofs.
1.6.3.31. Paving Contractor (commercial or unlimited) requires thirty -six (36) months
experience, a passing grade on *4hree (3) -hew an approved test and a assin
houE p g grade on a (2)
business and law test, and means those who are qualified with the experience and skill to
construct roads, airport runways and aprons, parking lots, sidewalks, curbs and gutters, storm
drainage facilities, and to perform the excavating, clearing, and grading incidental thereto.
1.6.3.32. Plastering and Stucco Contractor requires thirty -six (36) months experience, a
passing grade on a#re& 34OW an ap_ o� ro� ved test and a passing grade on a
twa-(2)4eW business
and law test, and means those who are qualified to coat surfaces, including lathing and drywall,
with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and
water, or any combination of such materials such as to create a permanent surface coating. This
category does not include the plastering of the interior of a pool.
19
Words 6Efue� are deleted; words u der 'ned are added.
je l'o
ARTICLE V. BUILDING TRADES*
Page 27 of 36
(i) Any individual who fails to renew his /her certificate of competency prior to December 31 of
the year following its expiration shall thereby automatically have a certificate of competency that
is null and void. To acquire a valid certificate from the county the individual must pay the then
applicable full application fee in accordance with the schedule of fees and charges adopted by
resolution pursuant to section 22- 182(a)(4) herein, and must submit an entire new application.
If, as of the date of receipt by the county of said new application, three years have passed since
the date of his /her most recent examination that the individual passed to acquire the former
certificate, that individual must pass all then applicable testing requirements. If the request is to
reactivate a dormant certificate, the re- testing requirement can be waived by staff if the
applicant proves that he /she has been active in the trade in another jurisdiction, or has been
active as an inspector or investigator in the trade; or for other valid reason that would render
such re- testing superfluous.
(Ord. No. 90 -105, § 1.4; Ord. No. 92 -61, § 1; Ord. No. 94 -34, § 1; Ord. No. 97 -68, § 1, 10- 28 -97; Ord.
No. 99 -45, § 1.4 -- 1.4.9, 6 -8 -99)
Secs. 22-192--22-200. Reserved.
DIVISION 3. STANDARDS OF CONDUCT AND DISCIPLINE*
*State law references: Discipline of contractors, F.S. §§ 489.129, 489.533.
Sec. 22 -201. Misconduct -- Collier County /city certificate of competency.
The following actions by a holder of a Collier County /city certificate of competency shall
constitute misconduct and grounds for discipline pursuant to section 22 -202:
(1) Knowingly combining or conspiring with an unlicensed contractor by allowing one's
certificate of competency to be used by an unlicensed contractor with intent to evade the
provisions of this article. When a licensed contractor acts as the qualifying agent for any
firm without first making application under this article to represent said firm, such act
shall constitute prima facie evidence of intent to evade the provisions of this article.
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 article. Active participation requires job site supervision, knowledge of
and participation in the business operations of the company, including all contractual
matters.
a. If any individual qualifying any business organization ceases to be affiliated
with such business organization, he shall so inform the board. In addition if such
individual is the only certified individual affiliated with the business organization,
the business organization shall notify the board of the individual's termination and
shall have no more than 60 days from the date of termination of the individual's
affiliation with the business organization in which to affiliate with another person
certified under the provisions of this article. In any event, the business
organization shall not enter into any new contracts and may not engage in any
new contracting until such time as a qualifying agent is employed.
(2) Contracting to do any work outside of the scope of his competency as listed on his
ELI
ARTICLE V. BUILDING TRADES*
Page 28 of 36
competency card and as defined in this article or as restricted by the contractors'
licensing board.
(3) Abandoning a construction project in which he is engaged or under contract as a
contractor. A project may be presumed abandoned if the contractor terminates the
project without just cause, or fails to notify the owner in writing of termination of the
contract and basis for same, or fails to perform work for 90 consecutive days without just
cause and no said notice to the owner.
(4) Diverting funds or property received for the execution of a specific contract project
or operation or diverting funds earmarked for a specified purpose to any other use
whatsoever.
(5) Departing from or disregarding in any material respect the plans or specifications of
a construction job without the consent of the owner or his duly authorized representative.
(6) Disregards or violates, in the performance of his contracting business in the county,
any of the building, safety, health, insurance or workers' compensation laws of the state
or ordinances of this county.
(7) Falsifying or misrepresenting any material fact in his application and supporting
papers for the purpose of obtaining a certificate of competency under this article.
(8) Committing mismanagement or misconduct in the practice of contracting that
causes financial harm to a customer. Financial mismanagement or misconduct includes,
but is not limited to, any of the following:
a. The contractor fails to fulfill his contractual obligations to a customer because
of inability, refusal or neglect to pay all creditors for material furnished or work or
services performed in the operation of the business for which he is licensed,
under any of the following circumstances:
1. Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the
customer's job; the contractor has received funds from the customer to
pay for the supplies or services; and the contractor has not had the liens
removed from the property, by payment or by bond, within 30 days after
the date of such liens;
2. The contractor has abandoned a customer's job and the percentage
of completion is less than the percentage of the total contract price paid to
the contractor as of the time of abandonment, unless the contractor is
entitled to retain such funds under the terms of the contract or refunds the
excess funds within 30 days after the date the job is abandoned;
3. The contractor's job has been completed, and it is shown that the
customer has had to pay more for the contracted job than the original
contract price, as adjusted for subsequent change orders, unless such
increase in cost was the result of circumstances beyond the control of the
contractor, was the result of circumstances caused by the customor, or
was otherwise permitted by the terms of the contract between the
contractor and the customer.
b. The contractor's job been completed, and it is shown that the customer has
incurred financial harm by having to seek a variance or other administrative
remedy because of actions by the contractor.
(9) Performing any act which assists a person or entity in engaging in the prohibited
unlicensed practice of contracting, if the licensed contractor knows or should have
known that the person or entity was unlicensed.
�_�z
ARTICLE V. BUILDING TRADES*
Page 29 of 36
(10) Failing to promptly correct faulty workmanship or promptly replace faulty materials
installed contrary to the provisions of the construction contract. Faulty workmanship
means work that is not commenced, not continued, or not completed in accordance with
all specifications of the applicable written agreement. Faulty workmanship includes any
material flaw(s) in the quality and /or quantity of the unfinished work product, including
any item that does not function properly as a part of the entire project. If there is no
written agreement provision regarding the specific faulty workmanship issue, faulty
workmanship exists if the work, process, product or part thereof does not meet generally
accepted standards in Collier County in relation to the entire project. Faulty workmanship
does not include matters of aesthetics unless the aesthetically related item clearly
violates a written contract specification directly related thereto.
(11) Failure to maintain at all times, with an insurance company authorized to do
business in the state, the limits of liability and other categories of insurance as required
by this article.
(12) Failing to claim or refusing to accept certified mail directed to the contractor by the
contractors' licensing board, or its designee.
(13) Failing to maintain a current mailing address.
(14) Failing to appear in person or through a duly authorized representative at any
scheduled hearing on a complaint filed against the contractor.
(15) Being convicted or found guilty, regardless of adjudication, of a crime in the county
which directly relates to the practice of contracting or the ability to practice contracting.
(16) Allowing another to take a qualifying examination on the applicant's behalf.
(17) Engaging in contracting business in the county or the city when prohibited from
doing so by the contractors' licensing board.
(18) Proceeding on any job without obtaining applicable permits or inspections from the
city building and zoning division or the county building review and permitting department.
(19) Failing in any material respect to comply with the provisions of this article as a
contractor or as a qualifying agent for a business entity engaging in contracting.
(20) Signing a statement with respect to a project or contract falsely indicating that the
work is bonded; falsely indicating that payment has been made for subcontracted work,
labor, or materials which results in a financial loss to the owner, purchaser, or contractor;
or falsely indicating that workers' compensation and public liability insurance are
provided.
(21) Failure of a qualifying agent for a firm /legal business entity to comply with the
requirements set forth in F.S. §§ 489.119 and 489.1195.
(22) Falsifying or misrepresenting any material fact to another person with the intent or
for the purpose of engaging in the contracting business, providing materials or services,
or soliciting business for an employer, as a contractor, or as an employee, regardless of
any financial consideration.
(23) Failing or refusing to provide proof of public liability and property damage
insurance coverage and workers compensation insurance coverage.
(24) Misconduct in the practice of contracting (see section 22 -201.1 below).
(Ord. No. 90 -105, § 4.1; Ord. No. 92 -61, § 4; Ord. No. 94 -34, § 4; Ord. No. 97 -68, § 1, 10- 28 -97; Ord.
No. 99 -45, § 4.1 -- 4.1.24, 6 -8 -99)
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Subject: Re: from cassie
From: Cassie Williams (houserentersofnapies @gmaii.com)
To: dcalpharomeo@yahoo.ca;
Date: Monday, October 3, 2011 10:06:05 AM
-ab S'A11 E F Cx',cA
PAvG e S A
Age-A.,
I actually was only @ the home once during your absence ... to show the properly, look @the pool and take
photo's .... I actually arrived. a f-w weeks back and found the workers (two Hispanic fellow's/ do not know there
names)-laying down the paver's in the drive out back. I entered the home through the front door via my lock -
box to obtain key..as Damon had approx seven weeks ago came to my home unannounced looking for the key
to your home as apparently he misplaced the one you'd given him.
My key and lock-box I gave him (once confirmed via ei-nail through you) so that be could enter home, and if I had
a showing I could get in-thus giving him the lockbox to place on front door.
When I opened the door..I found the home to be quite messy. Dishes pled in the sink-papers and mail
everywhere... box's of clothing all over the down - stairs bedroom .with wrapping material all over the floor as
well. the floor had dirt everywhere in the living and kitchen areas../ the fivniture was moved and not in order.
The home had an odor too. It actually looked Ike someone was living there. ( That's when I emailed and asked
if anyone was staying @ your home during your absence, and to report how I'd found the home, and having to
clean for two hours.)
I stayed an additional two hours cleaning and doing dishes.-and flushing toilets-as I found the two downstairs
baths to have urine in them un flushed. Thank gosh my showing canceled as the home wouldn't have shown well
I think @ this point no one needs to enter your home unless they contact me your fist lease Realtor for a
showing I actually shared this with you several months back that I never understood why the pool man needed
access to your home in the first place.
I do not know what condition you found the home in on your arrivaL..yet I do know all the dishes,
garbage.. flooring cleaned, firniture in place.. etc were clean, and in order ...when I left.
The next time I was @ your home was when you got here and we met last week.
So sad to hear of having some troubles with getting the job done.
I asked the guys working on the paver's if they had used the home ulterior, and they told me they had to eat
lunch, and use the reshuom. I asked when was the last time they saw this Damon nun, and they said a few
days ago. I asked they they please not use the home anyrnore..as it was a private resce and no one should
be going inside.
I am not clear on whom actually was corning and going from your home—however I am sure you can get a detail
Proof of Coverage Page 1 of 1
WC Home WC Databases CFO Home
Employer Detail Page
This database was last updated Sunday, June 10, 2012 2:13 AM.
Carrier Location Information
Employer Information
Employer Name Employer Type NAICS Code
SHARP POOLS AND DECKING INC CORPORATION N/A
Coverage History
INo Coverage History I
Exemption Listings
Exemption Holder Name
JDAMAN K SHARP '
Owner Election Listings
INo Owner Election of Coverage Listings ,
Employer Name History
Employer Name Name Type Change Date
SHARP POOLS AND DECKING INC Legal Current
('V1
https: / /apps8. fldfs. com/ proofofcoverage /EmployerDetail.aspx ?EmpID= 000058014 6/1=1/2012
Statutes & Constitution :View Statutes :- >2007- >Ch0440- >Section 10 : Online Sunshine Page 1 of 2
Select Year: 20020 -
The 2007 Florida Statutes
Title XXXI Chapter 440 View Entire Chapter
LABOR WORKERS' COMPENSATION
440.10 Liability for compensation. --
(1)(a) Every employer coming within the provisions of this chapter shall be liable for, and shall secure,
the payment to his or her employees, or any physician, surgeon, or pharmacist providing services under
the provisions of s. 440.13, of the compensation payable under ss. 440.13, 440.15, and 440.16. Any
contractor or subcontractor who engages in any public or private construction in the state shall secure
and maintain compensation for his or her employees under this chapter as provided in s. 440.38.
(b) In case a contractor sublets any part or parts of his or her contract work to a subcontractor or
subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on
such contract work shall be deemed to be employed in one and the same business or establishment, and
the contractor shall be liable for, and shall secure, the payment of compensation to all such employees,
except to employees of a subcontractor who has secured such payment.
(c) A contractor shall require a subcontractor to provide evidence of workers' compensation insurance.
A subcontractor who is a corporation and has an officer who elects to be exempt as permitted under this
chapter shall provide a copy of his or her certificate of exemption to the contractor.
(d)1. If a contractor becomes liable for the payment of compensation to the employees of a
subcontractor who has failed to secure such payment in violation of s. 440.38, the contractor or other
third -party payor shall be entitled to recover from the subcontractor all benefits paid or payable plus
interest unless the contractor and subcontractor have agreed in writing that the contractor will provide
coverage.
2. If a contractor or third -party payor becomes liable for the payment of compensation to the corporate
officer of a subcontractor who is engaged in the construction industry and has elected to be exempt
from the provisions of this chapter, but whose election is invalid, the contractor or third -party payor
may recover from the claimant or corporation all benefits paid or payable plus interest, unless the
contractor and the subcontractor have agreed in writing that the contractor will provide coverage.
(e) A subcontractor providing services in conjunction with a contractor on the same project or contract
work is not liable for the payment of compensation to the employees of another subcontractor or the
contractor on such contract work and is protected by the exclusiveness -of- liability provisions of s.
440.11 from any action at law or in admiralty on account of injury to an employee of another
subcontractor, or of the contractor, provided that:
e ze
mhtml:file: //F: \SCANNINGS \Statutes & Constitution View Statutes - 2007- Ch0440- Sectio... 6/12/2012
Certificate Detail Report
CDPR2305 - Certificate Detail Report
CERT NBR QUALIFIER NAME DBA
29514 GILBERT ANUEZ JR ACCURATE PAVERS
DETAIL
CLASS CODE CLASS DESC
4290 PAVING BLOCKS
ORIG ISSD DATE
6/26/2006
RENEWAL DATE
COUNTY COMP CARD COUNTY EXP DATE
EXPIRE DATE
9/30/2012
COUNTY OL EXEMPT Y
CNCL DATE
COUNTY OL NBR COUNTY OL EXP DATE
054234
REINSTATE DATE
WORKERS COMPENSATION INSURANCE
WC: EXEMPT N
COMPANY
GULFSHORE INSURANCE INC.
PHONE
(239)261 -3646
POLICY
Collier County Board of County Commissioners
CD -plus for Windows 95 /NT
STATUS
ACTIVE
STATE NBR
STATE EXP DATE
OTH OL NBR
OTH OL EXP DATE
FL 34134-
EXP DATE
11/15/2012
EFFECTIVE DATE
11/15/2010
CNCL DATE
i
Printed on 6/12/201E914. 3AM
Page 1
DBA
PHONE FAX
(239)405 -8255 (239)405 -8266
MAILING ADDRESS
PHYSICAL ADDRESS
3575 BONITA BEACH RD. 3575 BONITA BEACH RD.
SUITE # 101
SUITE # 101
BONITA SPRINGS
FL 34134- BONITA SPRINGS
LIABILITY INSURANCE
COMPANY
EXP DATE
GULFSHORE INSRUANCE
INC 11/15/2012
PHONE
EFFECTIVE DATE
(239)261 -3646
11/15/2009
POLICY NUMBER
CNCL DATE
GL00124001
INSURANCE LIMITS
2,000,000
WORKERS COMPENSATION INSURANCE
WC: EXEMPT N
COMPANY
GULFSHORE INSURANCE INC.
PHONE
(239)261 -3646
POLICY
Collier County Board of County Commissioners
CD -plus for Windows 95 /NT
STATUS
ACTIVE
STATE NBR
STATE EXP DATE
OTH OL NBR
OTH OL EXP DATE
FL 34134-
EXP DATE
11/15/2012
EFFECTIVE DATE
11/15/2010
CNCL DATE
i
Printed on 6/12/201E914. 3AM
Page 1
Accurate Pavers
3575 Bonita Beach Rd., Suite 101, Bonita Springs, FL 34134
Phone: 239 - 405 -8255 - Fax: 239 -405 -8260
November 9, 2011
TO: David Clark
258 Kendori Terrace
Naples, FL
E -mail:
From: Gil Anuez
Accurate Paver
3575 Bonita Beach Rd., Suite 101
Bonita Springs, FL 34134
Dear Mr. Clark,
I was invited by you to give my professional opinion as to why pavers are sinking in your
driveway and around your pool on your deck.
Pavers were lifted in several areas in the driveway, and it was determined that there
was not a limerock base installed.
The sinking travertine pavers can be a result of improper back fill, lack of compaction,
and erosion caused from waste material during construction.
Ian Jackson, county inspector, was present during this meeting.
will be forwarding you the county specifications for base material.
Sincerely,
Gil Anuez
President
6;0
I /— GRADE
TIGHT COMPACTED SAND
FILLED JOINTS.
. .'w.• •mow• fi. •'�., '�. .+� •* .�!. •rh'�•�'� .► ,r h'Yh•.,SK•
CONCRETE _ 1" SAND
RETAINER SETTING BED
LIMEROCK
AGGREGATE BASE.
PAVER DRIVE DETAIL
Krm
.,D . LIMEROCK
COMPACTED SOIL
LIMEROCK DRIVE DETAIL * : -
wrx
* LIMESTONE. DRIVE PERMITTED ONLY
PLOT oArE 4 /�o /oa WHEN ADJOINING ROADWAY IS LIMESTONE.
COLLIER COUNTY 3 24-08 � RESIDENTIAL
TRANSPORTATION PAVERS / LIMEROCK DRIVE SHEET
OPERATIONS DEPARTMENT 23
APPROVED NOTES AND DETAILS of 2
met
Accurate Pavers
3575 Bonita Beach Rd
Suite 101
Bonita Springs, F134134
Phone: 239 - 405 -8255
Fax: 239 - 405 -8260
Estimate
Date Estimate #
12/6/2011 3470
Name / Address
Ship To
David Clark
David Clark
1258 Kendori Terrace 1258 Kendori Terrace
Naples, FL
Naples, FL
Rep
Project
T.C.
Item
Description
Qty
Total
Excavate
Take up, stack and clean existing pavers in driveway. Cut down 8" and re -grade
1,722.00
drive area.
Driveway Install -C...
Driveway installation of approximately 1182 sq.ft. of existing stacked pavers.
2,480.00
Installation includes 4" limerock base. (compact)
Supply & spread 1" screening sand.
Supply & install approximately 185 sq.ft. of new pavers.
Install a concrete edge restraint on all outside edges.
Top with silica sand, final compaction, and final rinse. Clean up all job related
debris.
NOTES:
Revised proposal for email request 12 -6 -11
If 6" limerock base is preferred, there will be an additional charge of $300.00
Pavers from TriCircle #115606 (antique red- yellow - charcoal)
NOT RESPONSIBLE FOR DAMAGE TO IRRIGATION.
Please sign and return
by fax or mail capon agreement. Deposit may he required We will then
send official contract. This estimate is good for 30 days.
Representative:
Date:
Total
$4,202.00
Customer:
Date:
C 17
Collier County
Growth Management Division / Planning and Regulation
Operations Department / Licensing Section
January 24, 2012
Damon Sharp
D /B /A- Sharp Pools and Decking, Inc.
2626 10`h Ave NE
Naples, Fl. 34120
Mr. Sharp,
Please consider this letter your notification that there is an order issued to you by Collier County to
promptly correct the faulty workmanship associated with the construction of David Clark's paving block
driveway which you have contracted for. This may be accomplished by a properly licensed Paving Blocks,
Residential, Building or General Contractor. Your failure to satisfy this order will result in the filing of an
Administrative Complaint and a charge of misconduct ( Section 4.1.10 of Collier County Ordinance 2006-
46) which will be heard by the Collier County Contractors' Licensing Board.
Please contact me directly with any questions or concerns.
Thank you.
Received by Date
Ian Jackson
License Compliance Officer
Contractors' Licensing/ Growth Management Division
2800 North Horseshoe Dr.
Naples, Fl 34104
Phone: 239.252.2451
Fax: 239.252.2469
IanJackson @colliergov.net
Statutes & Constitution :View Statutes: Online Sunshine Page 6 of 7
building; prefabricated glass, metal, or plastic curtain walls; storefront frames or panels; shower and
tub enclosures; metal fascias; and caulking incidental to such work and assembly.
(r) "Specialty contractor" means a contractor whose scope of work and responsibility is limited to a
particular phase of construction established in a category adopted by board rule and whose scope is
limited to a subset of the activities described in one of the paragraphs of this subsection.
(4) "Primary qualifying agent" means a person who possesses the requisite skill, knowledge, and
experience, and has the responsibility, to supervise, direct, manage, and control the contracting
activities of the business organization with which he or she is connected; who has the responsibility to
supervise, direct, manage, and control construction activities on a job for which he or she has obtained
the building permit; and whose technical and personal qualifications have been determined by
investigation and examination as provided in this part, as attested by the department.
(5) "Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and
experience, and has the responsibility to supervise, direct, manage, and control construction activities
on a job for which he or she has obtained a permit, and whose technical and personal qualifications
have been determined by investigation and examination as provided in this part, as attested by the
department.
(6) "Contracting" means, except as exempted in this part, engaging in business as a contractor and
includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define
types of contractors. The attempted sale of contracting services and the negotiation or bid for a
contract on these services also constitutes contracting. If the services offered require licensure or agent
qualification, the offering, negotiation for a bid, or attempted sale of these services requires the
corresponding licensure. However, the term "contracting" shall not extend to an individual, partnership,
corporation, trust, or other legal entity that offers to sell or sells completed residences on property on
which the individual or business entity has any legal or equitable interest, or to the individual or
business entity that offers to sell or sells manufactured or factory-built buildings that will be completed
on site on property on which either party to a contract has any legal or equitable interest, if the
services of a qualified contractor certified or registered pursuant to the requirements of this chapter
have been or will be retained for the purpose of constructing or completing such residences.
(7) "Certificate" means a certificate of competency issued by the department as provided in this
part.
(8) "Certified contractor" means any contractor who possesses a certificate of competency issued by
the department and who shall be allowed to contract in any jurisdiction in the state without being
required to fulfill the competency requirements of that jurisdiction.
(9) "Registration" means registration with the department as provided in this part.
(10) "Registered contractor" means any contractor who has registered with the department
pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is
issued. Registered contractors may contract only in such jurisdictions.
(11) "Certification" means the act of obtaining or holding a certificate of competenry from the
department as provided in this part.
(12) "Local construction regulation board" means aboard, composed of not fewer than three
residents of a county or municipality, which the governing body of that county or municipality may
create and appoint to maintain the proper standard of construction of that county or municipality.
(13) "Business organization" means any partnership, corporation, business trust, joint venture, or
other legal entity which engages or offers to engage in the business of contracting or acts as a
contractor as defined in this section.
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