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CLB Agenda 01/16/2013
CONTRACTORS LICENSING BOARD Agenda January 16 , 2013 Co er Comfy COLLIER COUNTY CONTRACTORS' LICENSING BOARD AGENDA JANUARY 16, 2013 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. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE:December 19,2012 V. DISCUSSION: VI. NEW BUSINESS: (A) Jerome J.Jeker—Contesting Citation (B) Dagoberto Barcelo Review Credit Report VII. OLD BUSINESS: (A) Orders of the Board VIII. PUBLIC HEARINGS: (A) 2013-01 BCC vs Brenton L Mongan DBA Naples Property Pros (B) 2013-02 BCC vs Robert E.Elwell Jr.(CAC058252) IX. REPORTS: X. NEXT MEETING DATE: WEDNESDAY,FEBRUARY 20,2013 COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING THIRD FLOOR IN COMMISSIONERS CHAMBERS 3299 E.TAMIAMI TRAIL NAPLES,FL 34112 December 19, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD Naples, Florida, December 19, 2012 LET IT BE REMEMBERED, the Collier County Contractors' Licensing Board, in and for the County of Collier, having conducted business herein met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Richard Joslin VICE CHAIRMAN: Patrick White Terry Jerulle Kyle Lantz Thomas Lykos Robert Meister (Excused) Jon Walker Michael Boyd(Excused) Ronald Doino, Jr. ALSO PRESENT: Michael Ossorio, Supervisor, Contractors' Licensing Jeff Williams, Assistant County Attorney John F. Morey, Attorney for the Contractors' Licensing Board Ian Jackson, License Compliance Officer Ken Kovensky, Financial and Operations Support Manager Jamie French, Operations Director, GMD P&R 1 December 19, 2012 NOTE: Any person who decides to appeal a decision of this Board will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the Appeal is to be based. I. ROLL CALL Vice Chairman Joslin called the meeting to order at 9:02AM. Roll call was taken and a quorum was established. The Board welcomed Ronald Doino, Jr. as a new member. II. ADDITIONS OR DELETIONS None III. APPROVAL OF AGENDA Mr. Lantz moved to approve the Agenda. Second by Mr. White. Carried unanimously 6—0. IV. APPROVAL OF MINUTES DATE: October 17,2012 Mr. White moved to approve the minutes of the October 17, 2012 meeting. Second by Mr. Lantz. Carried unanimously 6—0. V. DISCUSSION A. Election of Chair and Vice Chair Mr. Lantz moved to nominate Richard Joslin as Chairman of the Collier County Contractors'Licensing Board. Second by Mr. White. Carried unanimously 6—0. • Mr. Lantz moved to nominate Patrick White as Vice Chairman of the Collier County Contractors'Licensing Board Second by Mr. Jerulle. Carried unanimously 6—0. Mr. Joslin assumed the Chair Mr. Lykos arrived at 9:10am The Board determined to hear item VIII. (A)first. VIII. PUBLIC HEARINGS A. 2012-12 W. Christian Busk, d/b/a Buck& Associates All those testifying were sworn in. Mr. Joslin read the rules of procedure into the record. Mr. Busk was present. Brian Osborn,Attorney for Mr. Busk was present. Mr. Mitchell submitted Administrative Complaint Case Number 2012-12, License Number 11713 —W. Christian Busk—D/B/A—Busk& Associates, Inc. for consideration. 2 December 19, 2012 Mr. Lantz moved to enter the complaint into evidence. Second by Mr. White. Carried unanimously 7—0. Mr. Lantz moved to enter the Proposed Stipulation into evidence. Second by Mr. White. Carried unanimously 7—0. Stipulation Agreement 1. Respondent admits the allegations in the Administrative Complaint for the purpose of this Stipulated Settlement Agreement and Agreed Order. 2. Respondent and Board agree that Respondent shall be placed on probation for a period of one (1)year. During his probationary period,Respondent shall have no duties to report or to undertake any other activities other than to comply with the laws and ordinances governing contractor both within the State of Florida and Collier County. In the event of any violation, investigated and validated by Collier County Contractors'Licensing Supervisor during this probationary period, there shall be an immediate suspension of Respondent's permit pulling privileges under License No. C11713 pending a full hearing before the Contractors"Licensing Board 3. Respondent shall be responsible for paying investigative and operational costs for the Case No. in the amount of$500.00. These costs shall be paid within thirty (30) days form the date of this Stipulated Settlement Agreement and Agreed Order. 4. Respondent shall also be fined$4,000.00 for the two violations alleged in the Administrative Complaint, which have been admitted for the purpose of this Stipulated Settlement Agreement and Agreed Order and this sum shall be paid within (30)days form the date of this Stipulated Agreement and Agreed Order. 5. Respondent enters into this Stipulated Settlement and Agreed Order with the understanding that the Stipulated Settlement and Agreed Order will be presented to the Board on December 19, 2012 and if rejected, Respondent shall be permitted to present his defense at the February 2013 meeting of the Board Mr. Ossorio stated the County had no objection to the proposed Stipulation. Mr. Morey,Attorney for the Board read the into the record Section 4.3.5.1 of the Ordinance which outlined the enforcement penalties available to the Board including, but not limited to probationary periods of no more than 2 years in length and a$5,000 fine per event. It was noted the Respondent entered into contracts for installation of driveway pavers and construction of a swimming pool. He subcontracted the work to licensed vendors, however this activity is not permitted under his license issued by the County. Board discussion occurred on the following conditions of the proposed Stipulation: Condition#2 - whether the language is "strong enough"to meet the purpose of ensuring the Respondent will not undertake this activity in the future. 3 December 19, 2012 Condition#2 - if the length of the probationary period is adequate given the nature of the violation. Condition#4 - if the fine amount is an adequate penalty given the monetary gain the Respondent may have achieved while undertaking the activity. Mr. Morey reported the Board could amend the stipulation during the hearing as the party's involved are present. Mr. Busk reported the fee received for his services from the property owner exceeded $4,000 It included additional work permitted under his license. He is in the process of obtaining his General Contractor's License which would permit him to undertake this activity in the future. Mr. Ossorio noted if a Stipulation not agreed upon today, the case will be scheduled for a full hearing in February 2013. Staff did take into account historic cases when determining the proposed fine amount. Mr. Jerulle voiced concern the proposed fine amount may not be adequate. The Board and Staff discussed possible revised language for the proposed Stipulation. Mr. White moved to approve the Stipulation subject to the following changes: 1. Condition #2 to read "Respondent and Board agree that Respondent shall be placed on probation for a period of two (2)years. During his probationary period, Respondent shall have a duty to report all contracts entered into under this license to the County Licensing Supervisor. In the event of any violation resulting in charges being filed during this probationary period, there shall be an immediate suspension of Respondent's permit pulling privileges under License No. C11713 pending a full hearing before the Contractors Licensing Board." Second by Mr. Lantz. County Staff and the Respondent reported they had no objection to the proposed changes to the stipulation. Motion carried 6 `yes"—1 "no." Mr. Jerulle voted "no." VI. NEW BUSINESS A. Victor Treissa—Review of Credit Report All persons testifying were sworn in. Victor Treissa was present for a review of his personal credit report. The Board expressed concern the report was in a format that was difficult to comprehend the status of the accounts listed and discussed whether it should be resubmitted in an alternate format. 4 December 19, 2012 Staff reported current policy dictates which Agencies may be utilized by the applicant when obtaining the report,but not the exact format required. The report was obtained from a qualified Agency(Expedian). Board discussion occurred noting a license may be issued for a probationary period and require a new credit report be submitted which utilizes an alternate format. Mr. Joslin moved to approve a the application for licensure for a 6 month probationary period subject to Mr. Treissa submitting another credit report for review by County Staff within 30 days. Should Staff have any concerns after reviewing said report, a hearing will be scheduled with the Board at which time they may determine whether any changes in license status are necessary. Second by Mr. Lantz. Mr. Lykos outlined the report which contained many deficiencies. He noted, absent of a more detailed report,the license should not be granted. A review of a credit report is required for issuance of a license due to the fact, not only must an applicant possess the necessary technical skills to conduct a proposed business, but be proficient in the financial operation of a business. Issuing a license to an applicant with credit deficiencies may provide the opportunity for misdirection of funds during the course of business (obtain deposits from clients and appropriating the funds to a personal/business emergency, thereby not having funds available to complete the scope of work in a satisfactory time and/or manner). Others noted the license would be for a short probationary period with another review available within 30—60 days. Motion carried 5 `yes"—2 "no." Mr. Lykos and Mr. Jerulle. voted"no." Break: 10:40am Reconvened: 10:55am B. Tad Kring—Qualify Second Entity All persons testifying were sworn in. Mr. Kring reported he wishes to qualify www.allegrogroup.com, LLC as a second entity. Mr. Ossorio reported the County had no objection to the application. The Board reviewed the credit report provided with the application. Mr. Lantz moved to approve the application to qualify a second entity. Second by Mr. White. Motion carried 6 `yes"—1 "no." Mr. Jerulle voted "no." C. Viorel Toader—Qualify Second Entity All persons testifying were sworn in. 5 December 19, 2012 Mr. Lykos reported he has conducted business with the applicant in the past, however he is not a "regular vendor"for his business activities. The previous relationship would not have an affect on his ability to be impartial. Mr. Toader wishes to qualify Affordable Flooring & Kitchens as a second entity. Mr. Ossorio reported the County had no objection to the application and recommends approval. It was noted only the commercial credit report is applicable to the application as the party has been in business longer than 1 year. The Board reviewed the credit report. Mr. White moved to approve the application to qualify a second entity. Second by Mr. Doino. Motion carried 6 `3es"-1 "no." Mr. Jerulle voted "no." VII. OLD BUSINESS A. Orders of the Board Mr. Lantz moved to approve the Orders of the Boar& Second by Mr. Lykos. Carried unanimously 7—0. B. 2011-10 James G. Schuck,MMC of Marco Island,LLC., d/b/a Marco Marine Construction Suspension Hearing All persons testifying were sworn in. Mr. Schuck was not present. Ian Mitchell presented Administrative Complaint Case Number 2011-10(8), License Number 36545- James G. Schuck, DBA MMC of Marco Island LLC/Marco Marine Construction for consideration. Mr. Schuck has been engaging in business activity absent of the proper insurance coverage. Mr. Lantz moved to enter the complaint into evidence. Second by Mr. White. Carried unanimously 7- 0. Mr. Mitchell stated Mr. Schuck was notified of the hearing and was aware it is occurring today. Mr. Schuck had submitted a letter dated December 17, 2012 acknowledging the violation and not contesting the proposed suspension of his license. Board discussion occurred on the nature of the penalty to be doled out; suspension of the license, whereby there may be a possibility the applicant may apply to re-instate the current license, or revocation of the license whereby the applicant would be required to apply for any new license to conduct business. 6 December 19, 2012 Jeff Wright, Assistant County Attorney stated the hearing notice identified the item to be considered a"Suspension Hearing." Further, Mr. Schuck's letter acknowledges his license will be"suspended." Other Board members noted Mr. Schuck violated a previous Stipulation Agreement(dated July 20, 2011)wherein the penalty that may be enforced for failing to comply with the Stipulation would be "revocation"of the license, thereby possibly granting the Board the authority to revoke the license today It was noted the Board's intent would be to "revoke"the license. Board discussion occurred on the legal ramifications of each possible enforcement action available (suspension vs. revocation) including how to ensure the applicant's "due process" has not been violated. Mr. White moved to suspend license number 36545 indefinitely and order the Respondent to pay Administrative Costs in the amount of$500.00. Said costs to be paid within 30 days. Second by Mr. Jerulle. Carried unanimously 7—0. IX. PUBLIC COMMENTS Toni Jessen Ms. Jessen expressed concern a fine was not imposed in the case involving Mr. Schuck.. The Board reported the case was for violating a stipulation whereas the penalty considered was altering the status of the license. X. NEXT MEETING DATE -Wednesday January 16,2012 Board of County Commissioners, 3rd Floor-Administrative Building "F", Government Complex, 3301, E. T 3rd Floor, 3301 E. Tamiami Trail,Naples FL, 34112 There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11:45 AM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD Richard Joslin, Chairman These Minutes were approved by the Board/Chairman on as presented , or as amended 7 Jerome J.Jeker Contest of Citation 7886 Table of Contents El—Request for hearing E2—Copy of citation E3 and E4—Contractor licensing case details E5 through E11—Collier County Right of Way Permit E12—Excavation certificate, previously held by Mr.Jeker E13—County database report,showing 1/7/11 suspension of excavation certificate E14—Current Collier County Business Tax Receipt for"Grading Service" E15—Collier County Ordinance 2006-46 Section 1.6.1—Contractor definition E16 and E17—Collier County Ordinance Sections 1.6.3.9, 1.6.3.10 and 1.6.3.11—concrete contractor definitions E18 and E19- Photos Law Office of J. Derek Verderamo, P.A. 2668 Airport-Pulling Road S. Naples,Florida 34112 J.Derek Verderamo,Esq. Ph: 239-775-1004 Member of the Florida Bar Fax: 239-775-3004 December 14, 2012 VIA US MAIL • Board of County Commissioners of Collier County ATTN: Director of the Building Review and Permitting Dept. 2800 North Horseshoe Dr. • Naples, FL 34104 • Re: Jerome J. Jeker Citation Number 7886 Dear Sir/Madam: Please be advised this office represents Jerome J. Joker. My client is requesting an Administrative Hearing 'before the Collier County Contractor's Licensing Board for the attached citation. Please send all correspondence to the address above. Should you have any questions,please feel free to contact this office. • S. rely, J. ,+ ' K VERDERAMO V COLLIER COUNTIN ` ' 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 committing the violation stated below. i`'‘rr. + i Month • ?,�. t Day ' r 1 ; Near' _ (Time t is----' M Issued To: '_ 1 f, I �-{„ 1 �_, ,� Address i . . 1, ,i Vic:f . . : City I\ f1 State_ Zip_ .°I; " rT+CJeRhocg fa P . Date of)3irth Race Sex Height ' y, t , Vehicle Make/Type(if applicable) (Year [Color i Tag No. . Location of Violation "77-7 'm,. /f ,,, L-.s' IL.'. - (',. '.. • OPTIONS • I have been informed of the violation of which l have been charged and elect the following • option(Check one) srzf;••„; 1) ❑ !dome to pay the penalties of$•,.., - ' . on the Citation. 2) ❑ 1 choose not to pay the penalty and will request in writing by certified mail or hand delivery an Administrative Hearing before tho Contractor's Licensing Board., i Description of Violation i,•r. ;• ,1,1 Violation Observed 1?',�S ' Pt ) `' i io lf/f� ir a) ❑ Falsely holddelf or iiess Iratr olat as a license,certificatetholder 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) 0 Use or attempt to use a certificate or registration which has been suspended or nevAked; f) usi Engage in the business or act in the capacity of a contractor or advertise self or ness organi:.ation 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 perforrii work for which a building pet ntit'is required pursuant to en 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 Stop n of work or geogr)phlgal scope of the 11t . registration,is not duly certified or registered. it ' A ; ,, ;f' I • r 3' t /r r' ' • I6 GNATURE(RECIPIENT) S-IGNATTJRitlINVESTIGATOR) • ;,....2......L.0.-;4 ' ' ` :,-,: ^(^`L Cry si,y PRINT(RECIPIENT'S NAME) PRINT(INVESTIGATOR'S NAME) Pursuant to 489.127,Florida Statues,willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree,punishable as provided in section 775.082 or 775.083 • Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) RECIPIENT COPY • E.:Z • CAterglymnet Report Title: Code Case Details Date: 1/2/2013 3:36:43 PM Case Number: CEUL20120018047 TITUF mad .; €.: � 3'fi,,, :;W"��� .. ��:•:.. � ���ro.a, a r., ,... �.� ' A ...... �- . Case Number: CEUL20120018047 Status: Citation Case Type: Unlicensed Date&Time Entered: 12/6/2012 9:21:39 AM Priority: Normal Entered By: lanJackson Inspector: lanJackson Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Field Observation Detail Description: Citation 7886 to Jerome Jeker.$300.00 unlicensed concrete at 723 100th Ave Location Comments: 723 100 Ave/folio 62784240001 P ro pe rtyl 627842400 01 lViolatorlJeker,Jerome J Business Management& Budget Office G3 1 Code Case Details Execution Date 1/2/2013 3:36:43 PM -�°.- ,. ... .. Desc Assigned Required Completed Outcome Comments Preliminary Investigation lanJackson 12/6/2012 12/6/2012 Citation 12/5/12.Jerome Jeker(580-8292)contracted Required with homeowner at 723 100th Ave for concrete driveway/new culvert in ROW (permit mistakenly issued to Jeker).Jeker subcontracted the concrete to CRC, Ron Martin Concrete LLC.Work was complete at time of visit.Jeker operating with Collier business tax receipt for grading. — Issue Citation(Licensing) lanJackson 12/6/2012 12/6/2012 Complete 12/6/12.Met w/Jeker issued citation 7886. Citation Paid/Contested clements_k 12/20/2012 12/20/2012 Payment Not Received Generate Follow Up Letter clements_k 12/20/2012 12/20/2012 Complete Citation Paid clements_k 1/8/2013 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed Concrete Open 12/6/2012 $0 ITitle Reason I Result I Compliance I Fine/Day I Condition Business Management&Budget Office eL\ 2 Right-of-Way Application GROWTH MANAGEMENT DIVISION ROW PERMITTING&INSPECTION 1)9,12_,b0- 0 ( 1 o 2 x 6 --O ( 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone Number:252-5767 Inspection Telephone#252-3726 (For Courtesy Inspection,call 252-3726,Option 2,and leave a message for the Inspector) FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT# PSP# .. __ BUILDING PERMIT# PROJECT NAME j? ,41,P,4,-/-4) R, ; r r,4, f Check Right-of-Way Type RESIDENTIAL FEES APPLICATION CHECKLIST 8,,, Construction(Driveway/Sidewalk/Landscaping) $200 Renewal/Modification(Unexpired Permit) $100 El Copy of house survey with ❑ Jack-and-Bore/Directional Bore $500 A sketch for the request ❑ Sprinkler Head $50 ❑Application fee ❑ Open-Cut $2,000 0 Details for request ❑ Miscellaneous Events $200 (location, size, etc.) Other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT I ❑ Construction(All) $1,000v/$2,000♦ $2,000T/$4,000♦ ❑ Renewal/Modification(Unexpired Permit) $500 $1,000 ❑ Jack-and-Rare/Directional Rare $1,000 $2,000 ❑ Sprinkler Head $200 $400 El burn-lane/Median $1,500 $3,000 El Open-Cut $4,000 $6,000 ❑ Work in the ROW without Lane Closures $50v/$100A $100x/$200:► ❑ Work in the ROW with-Lane Closures See Exhibit"A" ♦-JUN.-NOV. ❑ PSC Regulated Franchise Utility _ $100+$50 per day Inspection Fee A-DEC.-MAY. COMMERCIAL ONLY: FEE PAID _Please submit 2 sets of signed and sealed plans_ Est.Number of Days In ROW(If applicable) , PLEASE PRINT , Amount Today's Date .'/ ? '/J L Paid 24.)----- Make checks payable to: Board of County Commissioners Receipt# Approval is hereby requested by(Owner Name , ., t ,,,7 ., For the purpose of C. J!/e 'yi ! -r- ,r, I At/onp(project street Address) ',?. 3' /1�G)i-1, if 4,ex . ' Lot No. 7 Block 07e) Unit ""` Tract r,L Portion of I ract N E S _. W Subdivision p` ..1.,�, ,• Pc Sec /7/3 ; Twp, tie Rge C E. Folio No. t' o? ?V, a C1 C Lip I Property Name „)• ,,P. 1Par®a Contractor/ Name �T 3 Owner's Contact Name A ent _...rA�e �f.'C.�,P t crlo 9 Contact Name 'e rt),..o S.e/tt° - Info. Mailing Add. -)a ? -/aa Qr °N information Mailing Add. /,<-,., 76- c4 jl'*v. / It City/State/Zip dl a/ / f . 3//4 _ City/State/Zip_ 1 l 52, r' 3 91 r Telephone 3 t- 6-(6-i7Y,y Telephone ,P 3' 5-8e): a -. Email: Contractor's License Number _ j j 1. Work shall be performed in accordance with approved plan, 4. if the application is made by any person or firm other than the owner of Conditions of Permit appearing on reverse side, stipulations the property involved, a written consent from the property owner shall specified as part of this permit and in accordance with Collier be required prior to processing of the application. County Ordinance #09-19 and the "Public Right-of-Way 5. Growth Management Division approval does not exempt the permittee Construction Standards Handbook,"latest edition. from gaining approval from any State,Federal or Local Agencies having 2. Applicant declares that prior to filing this application he has jurisdiction over the proposed work. ascertained the location of all existing utilities, both aerial and 6. I have read the Collier County Right-of-Way Permit Notes and underground. Any changes to any utility shall be the responsibility Conditions and agree to conduct all work in accordance with the County of the Permittee for all cost Ordinance #09-19,as amended and all applicable all County and State, 3. This permit is contingent upon Perrnittee obtaining.necessary codes and laws,as amended. Under penalties of perjury,I declare that rights of entry for construction and maintenance where required I have read the forgoing permit application and that facts stated in it are right-of-way for public use has not been dedicated and accepted by true. Collier County. _.. 4--", �7 .. A /0' HORIZED SIGNATURE / £6 CONDITIONS OF PERMIT 1. This permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights-of-way or easements provided for public use in the unincorporated area of Collier County and in those public rights-of-way or easements,which are maintained by Collier County,but Ile within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right-of-way or easement to the permittee. Furthermore,the permittee shall be responsible for maintenance of such facilities until they are removed,unless otherwise specified. 4- All materials and equipment including Maintenance of Traffic(MOT)and equipment placement,shall be subject to inspection by the Growth Management Division. 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00—9`00 A.M.and 3:30—6:30 P.M. 7. Prior to construction,the Contractor/Permittee shall submit a Maintenance of Traffic plan(MOT)for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepathfsidewaik. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (iMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road Maintenance Department, The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans,culvert size,soil erosion/sedimentation controls,elevation offset,and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,Maintenance,and Utility Operations"and with the"Manual On Uniform Traffic Control Devices"and with all other governing safety regulations and shaft maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the(:minty shalt he relieved of all reapnnsihility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(36 1,unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically and horizontally),minimum seven foot separation to guys(both vertically and horizontally)and minimum ten foot separation to neutrals(both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches (36')below the pavement and/or a minimum depth of twenty-four inches(24")below the designed roadside ditch or swale invert. Primary cable(voltage exceeding 500 volts)shall have minimum thirty-six(36")cover. Secondary cable(voltages less than 500 volts)shall have a minimum thirty-inch(30')cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required,they shall become a part of this permit. 13. Following completion of all Rermitted work,grassing and/or seeding shall be required for any disturbed rights-of--way, 14. All property disturbed by work authorized by this permit must be restored to better than,or equal to,its original condition,and to the satisfaction of the County. 15. Whenever gleamed necessary by the County for the construction,repair,maintenance,improvement,alteration or relooation of applicable right of way or ooeomcnt and when so notified by the County,any or all poles,wires,pipes,culverts,cables,sod,landscaping,driveways,sprinklers,or other facilities and appurtenances authorized shall be removed from said right-of-way or easement,or reset or relocated thereon as required,to be installed by this Permit,and at the expense of the permittee,his successor,or assign. 16. When the permittee,or his successor,or assign is notified of a need for construction,repair,maintenance,improvement,alteration of or relocation within the right- of-way or easement and no action is taken by the responsible party within the time frame specified by the County,the County shall cause the permitted work to be altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement,the number of days the job is expected to take,and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date,unless authorized in the specific instance for a longer or shorter period. if the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution,payable upon extending the expiration date for an additional ninety(90)days. 18. All correspondence regarding construction procedures will be through the perrnittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. if there are any tane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 and . the ROW Permit Section at 239-252-5767,three working days prior to construction. 20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To:Center County Traffic Operations,2885 Horseshoe Drive South,Naples,FL 34104)or email(TrafficOpeetcotlleroov,net)a minimum of 72 hours prior to the commencemont of jobs that include overhead or underground work that will be oond ted as part of construction or maintenance projects within Collier County or State Road rights-of-way within Collier County and 12 hours prior tp eft 4-*' do to-be performed,throughout the'e Lire length of constrirctiori'orlvtaintenarice projects: Any,rescheduling of work shall be provided in witting. l� derground facilities must be located prior to construction. „ 21. Prior to acceptance ptance by the County(including issuance of Certificate of Occupancy),the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section,2685 South Horseshoe Drive,Naples,FL 34104,or by phone,239-252-5787,upon completion of authorized work. Ail as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electronic Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. 1 1 C) sl..:Ci.-----.*H%1111110 411.1)11,1 Pr OA (,-41,..... 0 --, � m 1 4,—m h Mg i \,l ........�-�._..wow.n.....�......�...."'�`Y`—`r...��.�� J V i 1 Right-of Way Permit# Date Issued: OFFICE USE ONLY ABOVE THIS LINE DATE: act 4,2 9 Property Owner's Name, Mailing Address, and Telephone Number: Aice-Y-141-T 94 1 fri4/1 etiake-4,2 39 Growth Management Division ROW Permitting and Inspection Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Letter of Authorization of Right-of-Way Permitting To whom it may concern: Jrronie *tr.. of -Are Se he,- -rite 4prir . Acting Agent's Name Name of Agent's Business has authorization to act as agent for the undersigned property owner(s) in all matters relating to applying for and obtaining a Right-of-Way Permit for our property located or described as follows: Lot-eric,d,42- q -612 141—P We understand that maintenance of the Right-of-Way during this construction activity and continued maintenance after acceptance by the County is the responsibility of the undersigned owner(s) or their successor, If you should have any questions, please call.? - go 92 . Under penalties of perjury. I declare that I have read the foregoing authorization and that the facts stated in it are true. Uric-4/ 7 -039-cidRR/e, 'ft perty Owners Si: attire Print Full Name As, Title Name of any business or other entity °Wiling the above described property Right-of-Way Permit Driveway Card Section: ROW Permitting& Inspection ROW Permit Number: PRROW20121022686 Date Applied for: 30 Oct 2012 Bldg Permit Number: Date Received: 30 Oct 2012 SDP Number: Date Issued: PSP Number: Contact's Name: JEROME J. JEKER Contact Number: 239-580-8292 Project Name:D ADDARIO RESIDENCE Project Street Address: 723 100th AVE N Subdivision Lot: Block: Unit: Tract: Section: 28 Township: 48 Range: 25 Type of Construction: Purpose for: DRIVEWAY- CULVERT IN FRON YARD 723 100TH AVE N Total Fee: Comments: PERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY GROWTH MANAGEMENT DIVISION/ROW PERMITTING& INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone#252-5767 A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. Date Issued: 11/05/2012 Right-of-Way Permit Number: PRROW2012102268601 SDP/AR/PSP Number: Building Permit Number: Project Name: D ADDARIO RESIDENCE Project Address: 723 100TH AVE N Subdivision: Lot: Block: Unit: Tract: Folio No: 62784240001 Section: 28 Township: 48 Range: 25 Type of Construction: ROW Residential Detail: DRIVEWAY-CULVERT IN FRON YARD 723 100TH AVE N The work herein described and permitted is to be commenced on or about And completed no later than Expiration date for work described: 05/04/2013 Property Owner/Applicant: Contractor: D ADDARIO, JANET M JEROME J. JEKER 723 100TH AVE N 1611 LOGAN CT., NAPLES , FL 34108- NAPLES, FL 34116— Telephone Number: 239-566-1748 Telephone Number: 239-580-8292 Notes: To Schedule your Inspection call 239-252-3726. Your Inspection Number is 800,to request a Courtesy Inspection follow the prompts and leave a message for the inspector. 1.Work shall be performed in accordance with approved 4. If the application is made by any person or firm other plan, Conditions of Permit appearing on reverse side, than the owner of the property involved,a written consent stipulations specified as part of this permit and in from the property owner shall be required prior to accordance with Collier County Ordinance#09-19 and processing of the application. the"I-'ublic I tight-ot-Way Construction Standards Handbook,"latest edition. 5.Transportation Services Division approval does not exempt the permittee from gaining approval from any 2.Applicant declares that prior to filing this application State, Federal or Local Agencies having jurisdiction over he has ascertained the location of all existing utilities, the proposed work. both aerial and underground. Any changes to any utility shall be the responsibility of the Permittee for all cost. 6.This permit is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance 3. If right-of-way permit is issued in conjunction with a where required right-of-way for public use has not been building permit,the right-of-way permit expires upon dedicated and accepted by Collier County. completion of the building. STATUS: ISSUED BY: DATE: November 05, 2012 Condition:The Permittee shall notify this office 72 hours prior to commencement of the actual construction under this Permit. Failure to comply may causeiob shut down. If there are any sidewalk closures,sidewalk rental fees will apply. SEE REVERSE SIDE FOR CONDITIONS Collier County Payment Slip - Permits Date: October 30, 2012 Contact: JEROME J. JEKER 1511 LOGAN CT., NAPLES, FL 34116-- Owner: D ADDARIO, JANET M Permit Location: 723 100th AVE N FEES: Description Application Number Permit Number Fee Paid Fee ROW Residential Construction PRROW20121022086 PRROW2012102268601 $200.00 $0.00 Total: $200.00 $0.00 Bonds: Item Type Balance Job Description: DRIVEWAY-CULVERT IN FRON YARD 723 100TH AVE N EII Certificate Detail Report 2DPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 12760 JEROME J. JEKER JEROME J. JEKER SITE PREPARATION. I CANCEL DETAIL CLASS CODE CLASS DESC STATE NBR 4150 EXCAVATION CONTR. ORIG ISSD DATE STATE EXP DATE 5/1/1992 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 1837SC 9/30/2010 OTH OL NBR COUNTY OL EXEMPT N CNCL DATE COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE 913170 9/30/2010 REINSTATE DATE DBA PHONE FAX (239)455-1178 MAILING ADDRESS PHYSICAL ADDRESS 15275 COLLIER BLVD #293 15275 COLLIER BLVD #293 NAPLES FL 34119- NAPLES FL 34119- LIABILITY INSURANCE COMPANY EXP DATE ALAN WILLIAMS & ASSOC. INC 2/20/2010 PHONE EFFECTIVE DATE (239)418-1100 2/20/2009 POLICY NUMBER CNCL DATE BH050545822 INSURANCE LIMITS 1. 000.000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY EXP DATE PHONE EFFECTIVE DATE ( ) - E 1� Dllier County Board of County Commissioners Printed on 1/2/2013 3:43:06PM Comment Listing Report 2DPR1007 - Comment Listing Report REF TYPE REF KEY STATUS ORIGINAL USER ORIGINAL DATE/TIM CT 12760 INFO CLEMENTS K 5/14/2001 LAST UPDATE USE LAST UPDATE DATE COMMENT CLEMENTS_K 5/14/2001 5/14/01 - NOW INCORPORATED REF TYPE REF KEY STATUS ORIGINAL USER ORIGINAL DATE/TIM CT 12760 WARN JENNIFERBLANCO 1/7/2011 LAST UPDATE USE LAST UPDATE DATE COMMENT JENNIFERBLANCO 1/7/2011 01/07/2011 SUSPENDED - DID NOT RENEW SEPT. 2010 Eta oilier County Printed on 3:43:14PM 1/2/2013 n .-.i _. L-_ ♦.1_��� � n� /nn /i.tm ice.-.�� .-.G Details Page 1 of 1 Collier County Tax Collector 3291 East Tamiami Trail Naples, FL 34112-5758 Collier County Business Tax Receipt Tax Year Info: 2012 Prey Record '� Next Record urd BUSINESS INFORMATION OWNER INFORMATION License # 112832 Name 1: JEKER, JEROME J JEROME J. JEKER SITE Name 2: Name: PREPARATION INC. Address 1: 4190 3RD AVE NW DBA: Address 2: Location: 4190 3RD AVE NW City, State, Zip: NAPLES FL 34119 Zoned: HOME OCCUPATION Phone: 580-8292 Mail 1: 15275 COLLIER BLVD N Mail 2: City, State, NAPI FS , Fl 34119 Zip: Phone: 239-580-8292 Open Date: 06-11-12 — PUBLIC Changed Date: 09-28-12 Code: 03721606 Description: SERVICES Paid Date: 09-28-12 GRADING Closed Date: 00-00-00 State Lic: Class: SERVICE OWNER ** LICENSE IS PAID ** County Lic: Category: ONLY - NO ** LICENSE IS Open ** EMPLOYEES City Lic: Preq: • Prey Record .I " e Next Record ,,I 2011 Tax Information E(L\ �4tr,•//n"11iarfo, ',Tr,/o c-a /l-d0 cl a+oil o rl,r,9TT1-22')')G'7/IO,Pr s+n no—'- 1 /7/'- .11 2 charges adopted by Resolution pursuant to Section 2.1.5 herein, and must submit an entire new application. If, as of the date of receipt by the County of said new application, three(3) 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. 1.5. Contractors'Identification Required on all Advertising Mediums. 1.5.1. All contractors licensed under the provisions of this Ordinance shall be required to firmly affix and/or to display the qualifier's Certificate of Competency Number and the "Doing Business As"Name on all advertising mediums used by the contractor,including but not limited to, contracts, brochures, business cards and vehicles used in their trade or business. The minimum height of each number or letter affixed to and displayed on vehicles shall be two (2) inches. 1.6. Definitions and Contractor Qualifications. 1.6.1. Contractor means the person who is qualified for and responsible for the entire project contracted for and,except for those herein exempted,the person who,for compensation, undertakes to, or submits a bid to, or does himself or by others, any or all of the following construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others, or for resale to others, as hereinafter defined in Sections 1.6.1 through 1.6.3 of this Ordinance. 1.6.1.1. General Contractor requires forty-eight (48) months experience with a passing grade on a six (64-hour approved test and a two(2)-hear business and law test and means a contractor whose services are unlimited as to the type of work which he/she may do,except as provided in this Ordinance or in the Florida Statutes. NOTE: Also see Sect. 1.6.2. 1.6.1.2. Building Contractor requires forty-eight (48)months experience with a passing grade on e-six,-(6)-heeF an approved test and a two-(' business and law test and means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multiple-dwelling residential buildings, which commercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling,repair,or improvement of any size building if the services do not affect the structural members of the building.NOTE: Also see Sect. 1.6.2. 6 Words are deleted;words underlined are added. �%15 a. Alarm System Contractor I means an alarm system contractor whose business includes all types of alarm systems for all purposes. b. Alarm System Contractor II means an alarm system contractor whose business includes all types of alarm systems other than fire,for all purposes. c. Alarm System means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary,fire,robbery,or medical emergency. d. Burglar Alarm Contractor means an alarm system contractor whose business is limited to the installation of burglar alarms in single-family homes and two-family homes, mobile homes,and small commercial buildings having a square footage of not more than 5,000 square feet. 1.63.5. Cabinet Installation Contractor requires twenty-four(24)months experience with passing grade on a twe-(2)-leuF business and law test and means any person who is qualified to manufacture,assemble,install,dismantle,maintain,adjust,alter,extend,and design cabinets and millwork. The scope of permitted work shall include, but not he limited to kitchen cabinets, bathroom vanities, accessory cabinets, counter tops,office furniture, and millwork items which have been manufactured for installation on job site locations. 1.6.3.6. Carpentry Contractor requires thirty-six(36) months experience with a passing grade on^•w-„o�ee� r an approved test and a passing grade on a fwe-(2)13euf business and law • test and means those who have the knowledge and skill to install any wood and metal products including, but not limited to, rough framing, wood structural wood and metal non-structural trusses,sheathing,paneling,trim,metal framing,and cabinetry. 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. 1.6.3.7. Garage doors Installation Contractor requires.twelve (12) months experience with a passing grade on a we-(2) business and law test and means any person who is qualified to install,repair,adjust or extend garage doors. 1.6.3.8. Commercial Cooking Equipment Exhaust Hood Installation Contractor means any person who possesses a valid license as an Air Conditioning Contractor, Class A or B; a Sheet Metal Contractor,.or a Mechanical Contractor; and who is qualified to install exhaust hoods, duct work,replacement air, exhaust fans, and grease filters. If any hood which is to be installed includes a fire suppression system,the contractor shall be certified by the Florida State Fire Marshal's office. 1.6.3.9. Concrete Forming and Placing Contractor requires thirty-six (36) months experience with a passing grade on e- ee(3)heur an approved test and a passing grade on a we (2)hour business and law test and means those who are qualified to batch and mix aggregates, cement,and water to agreed specifications,to construct forms and framework for the casting and 15 Words are deleted;words underlined are added. ri • shaping of concrete to place miscellaneous embedded steel and to pour, place, and finish concrete. This category does not include the plastering of the interior of a pool. 1.6.3.10. Concrete Placing and Finishing Contractor requires thirty-six (36) months experience with a passing grade on wee-(3)hear an approved test and a passing grade on a two `2 business and law test and means those who are qualified to pour place and finish concrete flat work (floors, slab on grade, sidewalks, etc.) including placement of mesh reinforcement, plastic vapor barriers and edge forms incidental thereto.This category does not include the plastering of the interior of a pool. 1.6.3.11. Concrete Contractor (restricted to pneumatically placed concrete) requires twenty-four(24)months experience with a passing grade on a- )-;our an approved test and a passing grade on a two-9)4300r business and law test and means those who are qualified to use and maintain pressure equipment,mix material and apply according to building codes. 1.6.3.12. Decorative Metal Contractor requires twenty-four(24)months experience with a passing grade on a hnsinrss and law test and means those who arc qualified to fabricate and install decorative metal fixtures; such work should be decorative in nature and non-structural in function; the materials used in the manufacturing and installation of said products may be of ferrous or non-ferrous materials. 1.6.3.13. Demolition or Wrecking Contractor requires thirty-six (36)months experience with a passing grade on a t+'ue -(3) our an approved test and a assin grade on a P g P� twe-(-2-)-heuE business and law test and means those who are qualified to demolish structures such as dwellings,commercial buildings,and foundations and to remove debris. The use of blasting and explosives is not permitted under this category. 1.6.3.14. Dredging Contractor requires thirty-six(36)months experience with a passing grade on e-tlikee-(3-)-14eur an approved test and a passing grade on a twe-(2Hietr business and law test and means any person who is qualified to operate hydraulic dredging equipment which digs and removes material by pump and which deposits the pumped material at a fill location in one operation. 1.6.3.15. Drywall Contractor requires thirty-six (36)months experience with a passing grade on a-tlree-9}hettt an approved test and a passing grade on a two„ zour business and law test and means those who are qualified to install gypsum drywall products to wood and metal studs, wood and steel joists, and metal runners in buildings of unlimited area and height. The scope of work shall include the preparation of the surface over which the drywall product is to be applied,including the placing of metal studs and runners and all necessary drywall preparation trim and shall include the placement of fire safing and fire stopping materials as part of the overall drywall contract. 16 Words streelE-through are deleted;words underlined are added. �'^ 0'K i `✓ '7 ` _Ti: . .s y•.:•r4,. -C„t --• � X� 7 'rr ; 1 Y ,4,1ir ; I ,' i s r w! � f•'s 1 •' 7 /_�c A4 . ' ' i !''lp f - •�iit $t a;• 1.4.:•.•:- K; r,i �r +Viia'! 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(• , — pi 7} r t'y � �r rl s._ r��, •rx•=� $ Pr .,'ngLL.,.Fa'v+'.%;w�.4 a,{ per ,�d;� 1'e�tKay^,;:q.� •} r''':) Y .:-'Cs. t ,,--,FO. z s'+a.,r't'i 's e a '' s+r",+Y y',; xa,.',` : • ' «a>. ^„ 1 4 t�,I,�.1.a. • 1 wr •(ta` "'1•+�:5• r„,r3'.� & x x t3 F., tt#yay•* j;y;;.g.;. : �! , t < ^' 9 .<§ e]r"tt.l5 r•: au +_.• .h ‘1, i ''.:.%. r. •.c, L+A Si‘ V yy,, 4 x"44 y„' y Y Y.6g •,,A h.•�' .^1'^.4':::;;A ,.%0A . f It („ V�.'a, N ..Z '.x" g A 1 i .L-v v $ mg,, �,,, !''b :y`" } a '��••`r • ,y' '""^'R'• - PY . a°�Y.., 'fPt `a .:9' ,. .',:,,,,,,,,,1'4 x. • [r., ' - f444 a :r ' w fi i „. ;., :. r x { s 9 i . r'° :� '. t 9da�,y r.,... _ , . .. ,.:,..0.c.,,,, .....,„... 1,.- rr,,,,,,, ,a---..p.of.io..;,..t., tA,,,,,,, . t., .:x......c. . 1 _ ........„,‘,......,...,. ,.,.... , . *. .,.., .,s .41,._,..:,.0......,.. t. ,, • £ yy A YfE i'+ icy• .,r3w'.Y.•3L ter.. Y} if:. J rr s r ` „, ' A� , . r+ F S 6, [ �. { :A 1.4�« 1'+�'�,''jj •it'�h. .\ ,� §,,.'. ''‘ ,-.1 rx. .. ,. - '-i1,•. of fy ' c k f �� •sue a c' . ' K -� kj.d' a ti # x N n 4- .r� 3 f .;4 r 160 -..1.2.:. 4,41 ,.' x ,L+ e Y:-,''�.r ` 0 1 i , ' < i YL ,,�y+.am' ; + 9£bJ �' .si£ ' to, i , To the Members of Collier County Board I understand that my personal credit is bad. The reason for that is the same as it does for millions of Americans at the time we're on. I've been one of the victims of the economic disaster which has affected our nation in the last few years. The company for which I worked years ago, as a cabinet maker laid me off. Due to this I lost my economic stability, I couldn't pay my house bills, or my mortgage, which was very high at the time. When this happened Bank of America took my house away, without giving me any options of negotiating the payments. I was put in the necessity of using my credit cards,to pay rent and food, since I didn't have a job. I looked for jobs, in many places, but the best option was to start my own business. I started as self-employment, later made my company and now only need my installation license to complete my goal. I hope that my situation could be understood,because the importance of this license is to be able to develop my business from making cabinets and now installing them as well. Being in the regulations and norms of the County Thank you, Dagoberto Barcelo 1t Barcelo's Custom Cab' ets and illwork inc. e-r 4rau-irtt CDES Operations & Regulatory Management Licensing Section 2800 North Horseshoe Drive Naples, FL 34104 (*) c./Q& APPLICATION FOR COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM INSTRUCTIONS: This application must be typewritten or legibly printed. The application fee must accompany this application. The fee is not refundable after the application has been accepted and entered on the records. All checks should be made payable to the Board of Collier County Commissioners. For further information, consult Collier County Ordinance No. 90-105, as amended. NAME OF COMPANY: "� Exact Corporate/Business Name: ISUrce)d'S (US+tyri Cabine4-S EMill work , Inc_ , Fiction Name/DBA: Qualifier Name: DAT b err 'Fp EC'ref— I Physical Address: 3`f 25 WC'Sh -ev Dr *-I ap)-t s� F L Di. (Number 85 Street) (City) (State) (Zip Code) Mailing Address: (Number & Street) (City) (State) (Zip Code) Telephone: 23" 2(D 3--4-1D DIP E-Mail:Q ICJ QYldr^D. b5ir C{I o @Oho°C• TYPE OF LICENSE: ❑ General $230.00 ❑ Electrician $230.00 ❑ Building $230.00 ❑ Plumber $230.00 ❑ Residential $230.00 ❑ Air Cond. $230.00 `"_ i, ❑ Mechanical $230.00 ❑ Swimming Pool - ❑ Roofing $230.00f g Specialty L405.00 Specialty trade: C a b i F cnS I I Q'f 1 D 1� \-\,\` p“; 2:2 \I CHANGE OF STATUS: ( ) Reinstatement ( ) From One Business to Another ( ) Dorman nse to Active Page 1 of 4 Y 1. The names, titles, home address and phone numbers of all Officers/Managing Members of the Firm. CQ 50 berg-0 5ci rCe I 0 - Residen+ -2.39 -yin-2g "1 La Lfgl Evcr3 vcdes Blvd s 1■b► p►-es FL 34111 2. 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. [?r 1 rC&IO'S CLISI-DyY) CabineI-5 E frii 1 INN Dr1() I nC . 3. 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. home fDre abSure 1 erect IA- curd ■re(f-s i n 011ed-iu►1 p ity t plan) sre a +a ked Bred it- repo- 4 AFFIDAVIT I, Dci JJ obeY'I-o Bel ret bcertify that the foregoing is true am . re. ■ le best of my knowledge. A 'ii' , A "i t ei Officer of the Firm STATE OF FLORIDA COUNTY OF Collie(• The foregoing instrument as acknowledged before me this / //3 VAC,/2.. ate) By bal 0 c \ cc ei of bacce_Lo's Cu -A-6m C44lAek HI Ou30(1 Name of officer, title/agent) (Name of Corporation) r v.c. a ,l0 ri r cLA • Corporation on behalf of the corporation. (State or Place of Corporation) He/She has produced identification and did not take an oath. (Type of identification) NOTARY'S SEAL • """ UUANA FRESNILLO 0 t ( ..... . -s, Notary Public - State of Florida ' ' 11% ; •c My Comm Expires Feb 22. 2017 � (SIGNATURE OF NOTARY) J +. Comrn�ssion # FE 847800 1 Bonded Through National Notary Assn. Page 2 of 4 QUALIFIER INFORMATION: Name: ob r+-o aarCcI b Address: 14 I Everg lacks EJ Vd• S. Nap irs 1 FL 31-111-1 (Number& Sffeet) (City) (State) (Zip Code) Telephone: 233—777-2q (Q Date of Birth: 12 2 3 I (0 I S.S. #: E-Mail: Q 1 e f a n d rp, bQ reel o @ yohW.CD Driver's License: 1. Type of Certificate of Competency for which application is made. Cabind-- Ins+ Ilafior1 2. The names and telephone numbers of two persons who will know your whereabouts. 1� IUV)O 1001(.3 f' iL110 - ) Fry :r.") ; ;�:' :)I� ,� �`�'`rf �1..> I !C(.2) 3. Have you ever been convicted of a crime related to Contracting? CI+Q'I-i 0(1 I s}D l Tcnsc " Il1S+a I i' ( (If yes attach extra sheet with explanation) ca bi r4s ti i fl-o u i- a I %G'nse J 7. Have you or any firms you have been associated with ever filed bankruptcy? Y10 8. List all debts you or any company(s) associated with you refused or failed to pay and reasons why. I'11) re Ll OS tAr e 9. List your business or work experience during the past ten years. �N �C�worr� Ca bi ne-I- , Inc_ Ea r Cpl CY5 CuS+o m CG bi nefS PA i 11 w crK, I r C , _ ca loi nt�-- mo nu Fa Ci-a 10. Statement of any formal training you have had in the area for which the application is made. Page 3 of 4 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. bctgo ber+o BOY e...-C- I O APPLI ANT(PLEASE PRINT) Bare_' l 'S 0terl Ca•1 S t" NAME • f OM Y Hi WO/K 1 Vt C . SIGNA WI- APPLICANT STATE OF FLORIDA COUNTY OF C.o/// er- The foregoing instrument as acknowledged before me this // 5O �C�/Z ate) By O �q r� C`� 1`C� who has produced kLOG# , (Name person acknowledging) (Type of identification) as identification and did not take an oath. NOTARY'S SEAL / Lit IANAFNFSNILIO ..........g6 pep __ :'"" 'n`I°b. Public -State of Florida r�� s Notary (SIGNATURE OF NOTARY) - * ,.,,; •___My Comm Expues Feb 22.2017 w' •mac Commission M EE 847800 ''' ;;;,,, Bonded Through National Notary Assn. Page 4 of 4 • GITS, LL.C, Examination Operations Division Providing the services and products to assist Government Agencies to make informed educated decisions. Official Examination Score Report November 20, 2012 Official Score Report: Candidate Information: Name— Dagoberto I3arcelo Candidate #: 786 1463013 Testing Site: Ocala, FL. Final Score Result: Business Procedures Score: 90% These results represent the grade that has been achieved on the Business Procedures examination(s) administered by Gainesville Independent Testing Service for Collier County, Florida on November 20, 2012. If you have any further questions, please do not hesitate to contact us. Sincerely, rg-tr Jay B. Bowermeister President PC)Box 831127 Ocala, Florida 34483-1127---•Voice(352)369-GITS —Fax(352)387-2443 800 997 2 129 • 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 w' result in the possible revocation of my Certificate of Competency. � ,I11 " E0•Dbcr-1-D I rG - I O gi.A' SI ATURE OF APPLICANT oft\o's C . la , ,' - • £ BUSINESS NAME w1 i I W o rV 1 h C . 11/ 0/7n 1 2-. DATE BEFORE ME this day personally appeared bag 0Cat oc t ceQO. who affirms and says that he has less than one employee and does not require)Workmen's Compensation understands that at any time he employees one or more persons he must obtain said Workmen's Compensation Insurance. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this / I ( Z. (Da ) by 60.90(0.Q(1-O T. 6actdwho has produced Cy_ bL# . (name of person acknowledging) (Type of identification) as identification and who did not take an oath. :!,P,. UILIANA FRESNILLO ` 4 AP•` 10: •= My Comm Expires aFeb 22,2017 , ��_ -.---rd' ---;%..;11,-°,6::" SIGNATURE OF NOTARY Commission N EE 847800 4 ', 8onded Through National Notary Assn /J /� /�/ (_/rn r'O� �S/Ji//lam NOTARY'S SEAL (PRINT NAME OF NOTARY PUBLIC) NOTARY PUBLIC 4 i ' ,��y. - Woodworker's Cabinet Inc `, "Specializing in Fine Architectural Woodwork" 11-20-12 To whom it may concern, I have known and worked with Dagoberto Barcelo in the cabinetry industry over the past four years. He has over 20 years experience and is a man of the utmost character. Please feel free to call me with any questions or concerns. Sincerely, Daniel Fusco .tate of Florida County of Cry Hier _ e"! —i (Sig ature of Affiant) Sworn to( affirmed)and subscribed before me this ? d/�ay r , ?c (2. by O.v J.AJ v�� • (Name otAfflant e — eb — —_ O ,c ) ;" . LILIANA FRESNILLO Notar Public State of Florida Notary Public-State of Florida v (Sign ure of Notary) • 4 . •, My Connn Fxp'�:s Feb 22, 2017 / !� r-Sl —�f�P S rV /Co Comm a FF 847800 (Nae of Notary Public) / Assn ^t Pemon*Ny Known •. OR Produced Identification Type of Identification Produced • 6189 Taylor Road Unit#2 Naples FL 34109 —Tel. 239.593.1718 —Fax 239.593.5318 AFFIDAVIT OF • INTEGRITY AND GOOD CHARACTER I, 76 e. 0---ed 11 ~i cZ-- , am a resident of Qo I I i County, L01\c -- (State) and have resided here for more than five (5) years. During the last five years I have known j o I -i'c e-LCQ applicant). I have had the opportunity to observe his or her business and peHonal dealings and find him . ser to be a person of honesty, integrity and good character. (Signature) 40.42l.i w(Name) A e_ M, 4, c�z (Address) 724/ r (71-57----S 6-- 0 / k J/e-5 g(-- 3'/1/4 Telephone) (Z '7J (--1 -3 y'55- STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this I I/ BO .2...0 I Z . by ( ate) 0-O sZ' 14 . ?O4µ 2 vho has produced Pecsay-Ak 11 1q ,,c-,.A..)el (name of person acknowledging) (Type of identification) as identification and who did not take an oath. ,.. y Public -State FRESNILLO Florida Z- x/ ( ;���^��,-�_ Notary Public -Slate of F ( - ' ^. �_ :Pg My Comm Expires Feb 22,2017 I SIGNATURE OF NOTARY +r`c.' c Commission 8 EE 847800 ' "`■�'� Bonded Through National Notary Asan. : ( i 1//'Ce---v-s-0"-- /45"L))///6s• NOTARY'S SEAL (PRINT NAME OF NOTARY) NOTARY PUBLIC 9 • AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER I, a. • I a l am a resident of 0-0111 County, FLT f -- (State) and have resided here for more than five (5) years. During the last five years I have known ( 0 ,5�� 1c(cGLO applicant). I have had the opportunity to observe his or her business and p sonal dealings and find him or her to be a person of honesty, integrity and good character. (Signature) _ `, .......01. • (Name) _%ocirt I L. (Address) L2 (1—'O ..57-54-A---j id-7/fie- #' 1C-,/--/// 4 Telephone) CZ-3'J 3C3—5-Y 2�. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this I I / 3 0 2_6 1 Z. by P--ewho has produced P e l y K_A-,cA.t.) . (name of person acknowledging) (Type of identification) as identification and who did not take an oath. """",• LILIANA fRESNILLO ' ,,�C,ti,µv p B(��, � ��, 1� Notary Public_State of Florida 0 �Q My Comm. Expires Feb 22,2017 SIGNATURE OF NOTARY ;,.....,p;^ Commission M EE 847800 "'?t. " Bonded Through National Notary Assn. 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(800-435-7352) C CK ONE: Date: /7 27/ / l� Original Application Classification CA)/JC l2 �t( Transfer of License# Code Number_2_1/ Renewal of License # License Amount 1) CORPORATE NAME - T3arc-eIOt5 Cus+om Cob It work, InC • la) DBA NAME - lb) BUSINESS OWNER OR QUALIFIER'S NAME - Dagb IOLrtO bar C'e I 0 2) PHYSICAL ADDRESS - 3'}25 Wes-hA-e W Dr . # I , NgpIcS, P L 3y 1 u L (No P.O.Box allowed) / 2a) IS RESIDENCE USED AS AN OFFICE- Yes v No 3) BUSINESS MAILING ADDRESS- Street City Zip 4) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS- 4-2 I E v erg Ia dt s a I vd S • 5) TELEPHONE -Business: 231- 2(03- 4tcO to Home: 239-- 171- 211 10 6) LEGAL FORM OF BUSINESS: Sole Proprietorship Partnershi / Corporation LLC LLP 7) OPENING DATE OF BUSINESS OR DATE ASSUMED - Ci fI 2. 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: CObi n ± m ns+-Q `I G o c 10) NUMBER OF EMPLOYEES- Including 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 1. hines owned by business or individual: 12) STATE LICENSE OR CERT I ION NUMBER- Must have photo cop o state license if state licensed and certified UNDER PENALTIES OF PERJURY, I DEC t`A" E THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT AII7 T UE TO THE BEST OF MY KNOWLEDGE. xxxAPPLICANT'S SIGNATURE: DATE: ((honer and/or representative of business)TITLE: f ,vstd ('(�-}� ****THIS LICENSE IS NON-REFUN ABLE FOR BUSINESS STATED ABOVE**** SECTION A, B,AND C FOR OFFICE USE ONLY THIS SECTION TO BE FILLED OUT BY CONTRACTORS/BCC LICENSING BOARD SECTION A Classification of Contractor: County Certification Number: Department Supervisor Date: THIS SECTION TO BE COMPLETED BY PLANNING SERVICES SECTION B, Business is an in-home occupation and the applicant has agreed to adhere to the requirements as set forth in the Collier County Zoning Ordinance. PROPERTY Business DOES COMPLY with the Collier County Zoning Ordinance. ZONED Signed: Title: Date: Comments: THIS SECTION TO BE COMPLETED BY THE HEALTH DEPARTMENT SECTION C Business DOES COMPLY with the local and/or State requirements. Signed: Title: Date: * In accordance with Florida Statute 205.0535(5), we require you to provide us with either a Federal Employer Identification Number (FEIN) or a Social Security number. Ca0 f er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252-2400 FAX (239) 252-6358 www.colliergov.net LAND USE AND ZONING CERTIFICATE NON-RESIDENTIAL Please take the time to fill out this form as completely as possible. If you don't know the answer, indicate "unknown"; if the item doesn't apply, indicate"not applicable"or"N/A". Your application can't be processed without all of the necessary information. Zoning approval of this application can be expedited if a site plan of the property to be occupied showing parking and surrounding uses is submitted with the application. ZONING CERTIFICATE# 0 Date: I 1 2Q 112— New Business Relocating Existing Business ❑ * Additional development orders may be required by the County for any changes in use and/or interior and exterior remodeling. Please be advised that Impact Fees may be due at time of Building Permit. Please contact Impact Fee Administration at(239) 252-2369 and Public Utilities at(239) 252-6237 to verify if any impact fee will be assessed. (applicant's initials) p u es ccBusiness Name: �rC'el05 CUSiOm LUbi ne4-S I W Bs sIh • • one: 23q -2l1 4(D Ole Business Address: -342S We kv I e W Dr Business Owner or Qualifier's Name- tQ319C.r D P nrce i 0 Applicant's Name (person completing form) bo gdbtr-fr rc-e It) Phone: 23q -71-7-1- 29-7(.0 Complex Name (If any): Type of Business: CG�j I nc ' 6,-1,s-1-0 I I a- O IPl * Check below if the business is any of the following business types. ❑ Restaurant/Eating Places (SIC 5812) ❑ Bar/Night Club/Drinking Places (SIC 5813)—will require a distance waiver. ❑ Restaurant/Bar with 150 seats or more *Alcohol License will not be signed off by Zoning until the Business Tax Receipt has been issued. If license is for consumption on premises a floor plan will be required showing the location of all serving areas and seating. Additional County Review may be required. Type and Name of Business Previously or Presently Occupying Location: If Vacant, Provide Length of Vacancy: Property Owner or Leasing Agent Name: Owner/Agent Address: Phone: Coer County Type of Building: Single-Occupancy Building❑ Retail Shopping Center❑ Office/Professional/Business Center❑ BUILDING USE(Indicate the approximate square footage the unit or building is used for: Retail: sq. ft. Storage sq. ft. Office sq. ft. Manufacturing /Repair sq. ft. Other(describe) Total Building Floor Area: Auto Repair/Service Station: Number of Bays For Restaurant/Church / Beauty Salon: Number of Seats Number of Parking Space for Building 1 Complex(if over 100 spaces state"common"): Number of spaces available for unit, if specified: I DECLARE UNDER PENALTY O1 P JURY THE FOREGOING FACTS ARE TRUE AND CORRECT. APPLICANT SIGNATURE ,' ` DATE 1`_i�‘ Z.C. REVIEW FEE: $125.00 CHECKS PA ABLE TO: "BOARD OF COUNTY COMMISSIONERS" TO BE COMPLETED BY COUNTY STAFF SIC# Zoning: Property ID#: If available: Building Permit# SDP# Site Visit Required: Yes / No PLANNER DATE APPROVED HOLD DENIED COMMENTS/RESTRICTIONS BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2013-01 License Number: CBC1250145/C.C.#34641 Brenton L. Mongan D/B/A—Naples Property Pros Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Brenton L. Mongan ( Respondent), a State of Florida licensed Building Contractor( license#CBC1250145/Collier County Certificate#34641), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by The State of Florida as a Certified Building Contractor with license number#CBC1250145. 2. Under the provisions of Florida Statute 489.113(4)(b)the Collier County Contractors' Licensing Board is authorized to impose penalties against State Certified Contractors for willfully violating Building Codes. 3. Under the provisions of Collier County Ordinance 90-105, as amended,Section 22-201.1,the following actions by a holder of a Certified Building Contractor's License shall constitute misconduct and grounds for discipline pursuant to Section 22-202. a. In October, 2011 a complaint was filed against Brenton L. Mongan, qualifier of Naples Property Pros,for performing work without a required building permit at the jobsite located at 690 Club Marco Circle Bldg. 19, unit#201 Marco Island, FL. 34145. b. Mr. Mongan was advised of the violation,and obtained an affidavit from an engineering firm to submit to City of Marco Island Building Services to obtain required permitting. c. The engineer's affidavit was rejected by City of Marco Island Building Services as insufficient to obtain required permitting. d. Mr. Mongan received correspondence from the City of Marco Island Building Official outlining the discrepancies and corrective measures needed to submit for permit by affidavit. e. Mr. Mongan's inability or unwillingness to facilitate the directives of the City of Marco Island Building Official now result in a willful building code violation. f. Thereafter, pursuant to Collier County Ordinance 90-105,as amended,Section 22-202(b) and Section 22-202(c),the case was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against the Respondent. COUNT I 5. Collier County Ordinance 90-105, as amended,Section 22.201.1(2) state"Willfully violating the applicable building codes or laws of the State, City or Collier County". WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Section 22-201.1 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 Respondent guilty of the violations charged. Daled: f 1 (. Signed: Collier County Contractors' Licensing Supervisor or Designee SUMMARY In October, 2011, I, Rob Ganguli, Collier County Contractors' Licensing Compliance Officer, received a complaint from a former employee of the Certified Building Contractor, Build Naples L.L.C./Naples Property Pros/CBC1250145 who advised me of condominium jobsite in Marco Island, FL. located at 690 Club Marco Circle Bldg. 19 unit#201 where an interior remodel had been performed without a building permit in issuance. The City of Marco Island Building Services verified that no permits existed for this location in their database. Contact was made with the qualifier of Naples Property Pros, Brenton L. Mongan. Mr. Mongan confirmed that he had contracted with the property owners, Steve and Maria Mazza for kitchen and bathroom remodels at this location. Mr. Mongan was advised of the permitting requirement for this type of work and informed me of his intentions to abate this violation. Mr. Mongan further advised of his intention to seek out the services of an engineering firm to submit for a "permit by affidavit" for the completed project. In November, 2011, Mr. Mongan contacted me to advise he had acquired an engineering affidavit to submit to the City of Marco Island to apply for the required permitting for this jobsite. During periodic checks of the status of this application, Mr. Mongan continued to advise me of several months of disagreement between himself and the City of Marco Island Building Services regarding their policy of acceptance for "permits by affidavit." In May, 2012, I arranged a meeting between myself, Marco Island Permitting Supervisor Lisa Lee Loewer and Mr. Mongan. At this meeting Ms. Loewer provided explicit instructions on what corrections would be necessary to facilitate the issuance of this permit. The directives provided in this meeting were also emphasized in a formal letter sent to Mr. Mongan by the Marco Island Building Official, Robert Mahar. Despite these directives, Mr. Mongan advised me that he was still in disagreement with Marco Island's policies. After consulting with Contractors' Licensing Supervisor, Michael Ossorio on alternative resolutions, it was concluded that an option to appear before a Board of Adjustments and Appeals hearing may be the best venue for Mr. Mongan's concerns to be heard. In June, 2012, Mr. Mongan advised me that he had formally requested an appearance in front of the Board of Adjustments and Appeals with the City of Marco Island Building Services and was awaiting a response. In August, 2012, I received e-mail correspondence from Mr. Mongan outlining some medical issues he was suffering from. In this correspondence, Mr. Mongan also advised me of his willingness to face legal actions to resolve this matter instead of requesting a B.O.A.A. hearing In December, 2012, after his discharge from the hospital, a final meeting was held with Mr. Mongan to discuss his intentions. At this meeting Mr. Mongan advised that he was no longer financially solvent enough to request a B.O.A.A. hearing, or to re-hire an engineer to amend his "permit by affidavit" application. At this time Mr. Mongan was advised that he would be scheduled for an appearance in front of the Contractors' Licensing Board for having committed a willful building code violation. The kitchen and bathroom remodel performed at the condominium located at 690 Club Marco Circle Bldg. 19, unit #201 without a building permit in issuance is a violation of Florida Building Code section 105.1. Mr. Mongan's refusal or inability to follow the directives on obtaining the required permitting from the City of Marco Island Building Official, Robert Mahar, construes a violation of Collier County Ordinance section 22-201.1(2) for "Willfully violating the applicable building codes or laws of the State, City, or Collier County." C.L.B. Case #2013-01 Brenton L. Mongan D/B/A— Naples Property Pros Table of Contents E1/E3 — Formal Complaint. E4 — State D.B.P.R . Licensing Detail Report. E5 — Collier County Certificate Detail Report. E6 — Notice of Hearing Sent Certified Mail E7— Postal Service Delivery Confirmation Status E8 — Preliminary Complaint Form. E9/E11 - Contract E12/E13— Marco Island Design Professional Pre-Permit Affidavit Criteria. E14— Marco Island Design Professional Completion Affidavit. E15/E16— Letter from Marco Island Building Official Outlining Discrepancies. E17/E18— E-mail Correspondence with Marco Island regarding B.O.A.A. Request. E19/E20— E —mail Correspondence from Respondent Outlining Difficulties. E21— Letter from Marco Island Building Official Outlining Permit by Affidavit Policies and Willful Building Code Violation Observation E22 — Florida Building Code section 105.1 Pertaining to Permit Requirements. E23 — Collier County Ordinance 22-201.1(2) Outlining Misconduct by State Certified Contractors. Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, Fl.34104 Complaint Number-2013-01 Complainant:Any person who believes that a Contractor holding a State Certification or Certificate of competency has violated Collier County Ordinance 90-105, as amended, may submit a sworn complaint to the Contractor Licensing supervisor,or his/her designee.The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor.The 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: December 27th, 2012 Against: Contractor's Name: Brenton L. Mongan Phone: (239)287-2085 Business Name: Build Naples L.L.C. D/B/A-Naples Property Pros License Number if known:#CBC1250145 Collier County Competency rrurrrbe►: 434641 Contractor's Business Address: 630 111 Ave. N. Naples, FL.34108 Filed By: l Name: Collier County Contractors' Licensing Address: 2800 N. Horseshoe Dr. Naples, FL.34104 Business Phone: (239)252-2914 Address where work done:690 Club Marco Circle Bldg. 19, unit#201 City: Marco Island, FL. County: Collier Date of contract:January 7th, 2011 Date job started:On or about May 11th,2011 Date job completed or new home occupied: On or about May 18th,2011 Were there plans and specifications?Yes Is there a written contract?Yes. If yes,amount of Contract:$24,262.91 Has Contractor been paid in full? Not Applicable. If not,what amount? Not Applicable Was a Building Permit obtained? No Building Permit number if known:#11-836 Applied for After the Fact Have you communicated by letter with the licensee?Yes Date: 12/27/12. Do you have a reply? No Please attach to this form all copies of the purchase agreement, building contract, home improvement contract, copies of receipts and/or 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): Collier County Ordinance#90-105, as amended, section22-201.1(2) Willfully violating the applicable building codes or laws of the State,City,or Collier County. Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: Failure to obtain the corrective measures for"permit by affidavit" as directed by the City of Marco Island Building Official. (Complainant's signature) State of: �t-o E b# County of: C- O tt_t�(2 Sworn to (or affirmed) . . s Inscribed before me this 27th day of December,2012, by \ , (signature of person making statement). i (signature of Notary Public) Print, type or stamp co missioned name of Notary Public: /‹,.,,e,7 Personally known ✓ or produced identification __— --- ,„:044.) �IE.q 1 h V�BMW • -EXPIRES:March Bonded TM NOW PuttClfas DBPR - MONGAN, BRENTON LEE; Doing Business As: NAPLES PROPERTY PROS,... Page 1 of 1 2:19:08 PM 12/27/2012 Licensee Details Licensee Information Name: MONGAN, BRENTON LEE (Primary Name) NAPLES PROPERTY PROS (DBA Name) Main Address: 630 111TH AVE N NAPLES Florida 34108 County: COLLIER License Mailing: LicenseLocation: License Information License Type: Certified Building Contractor Rank: Cert Building License Number: CBC1250145 Status: Delinquent,Active Licensure Date: 05/18/2002 Expires: 09/14/2012 Special Qualifications Qualification Effective Construction Business 07/21/2009 View Related License Information View License Complaint 1940 Nnrth MnnI ea Alreri,Tdllaikniwe Fl 37399 Fpiail Costumer Contact Center::Cuc1Ornar Contact Center: 850 0187.1395 The State of Florida is an AA/EEO employer.Copyriqht 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may he used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. httns://www.mvflnricialicense.cnm/T,icenseTletail.asn7CTTI=Rr.irl="IFR 5 STIFF AVM.)A 9691 17/77/7f11') Certificate Detail Report :DPR2305 - Certificate Detail Report CERT NBR QUALIFIER NAME DBA STATUS 34641 BRENTON L. MONGAN NAPLES PROPERTY PROS INACTIVE DETAIL CLASS CODE CLASS DESC STATE NBR 1110 BUILDING CONTR.-CERTIFIED CBC 1250145 ORIG ISSD DATE STATE EXP DATE 10/28/2009 8/31/2012 RENEWAL DATE COUNTY COMP CARD COUNTY EXP DATE EXPIRE DATE 8/31/2012 OTH OL NBR COUNTY OL EXEMPT N OB 67596 CNCL DATE COUNTY OL NBR COUNTY OL EXP DATE OTH OL EXP DATE 091109 9/30/2012 REINSTATE DATE DBA PHC)NF FAX (239)287-2805 (866) 929-0535 MAILING ADDRESS PHYSICAL ADDRESS 715 PARKVIEW LANE 715 PARKVIEW LANE NAPLES FL 34103- NAPLES FL 34103- LIABILITY INSURANCE COMPANY EXP DATE THE CONTRACTORS CHOICE AGENCY 8/19/2012 PHONE EFFECTIVE DATE (800) 918-3584 8/19/2010 POLICY NUMBER CNCL DATE GLF000012868-02 INSURANCE LIMITS 1, 000, 000 WORKERS COMPENSATION INSURANCE WC EXEMPT Y COMPANY EXP DATR AP INTEGO INSURANCE GROUP LLC 8/11/2012 PHONE EFFECTIVE DATE (888)289-2988 8/11/2011 oilier County Board of County Commissioners Printed on 12/27/20 9:27:34AM D-Plus for Windows 95/NT Page 1 s" Collier County Growth Management Division/ Planning and Regulation Operations Department/ Licensing Section Certified Mail#7007 2560 0001 1485 5186 Hand Delivered Mr.Brenton L.Mongan D/B/A-Naples Property Pros/CBC1250145 630 111t Ave N. Naples,Fl. 34108 Date: December 27th, 2012 RE: Complaint filed against you by Collier County Contractors' Licensing regarding a violation of Ordinance 90-105,as amended, Section 22-201.1(2)in . Dear:Mr.Mongan, 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 January 16th,2013 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)22-201.1(2)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#34641 and/or suspension or revocation of your permit privileges against your state license#CBC1250145 . rip ere • Licensi I Compliance Officer Collier 'unty Contractors' Licensing �-6 USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile Register l Sign In • a P..T, \✓ i Searcn USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions Track & Confirm GET EMAIL UPDATES PRINT DETAILS • YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE&TIME LOCATION FEATURES • 70072560000114855186 ', Notice Left !December 28,2012,2:50 pm !.NAPLES,FL 34108 Certified Mail' • • • • www.usps.com/redelivery or calling 800-ASK- USPS,or may pick up the item at the Post Office indicated on the notice.If this item is unclaimed after 15 days then R will be returned to the sender.Information,if available,is '.. • • updated periodically throughout the day.Please check again later • Depart USPS Sort December 28,2012 FORT MYERS,FL 33913 •Facility • • Processed through December 27,2012,10:49 pm FORT MYERS,FL 33913 USPS Sort Facility • Cheek on Another Item What's your label(or receipt)number? Find • • LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy; Government Services> About LISPS Home Business Customer Gateway Terms of Use; Buy Stamps&Shop; Newsroom; Postal Inspectors r FOIA> Print a Label with Postage, Mail Service Updates; Inspector General, No FEAR At EEO Doto r Customer Eoraoc r rorms&Publicotiona• Postal Espiorer, Site Index; Careers CopynghtC,2013 USPS.All Rights Reserved. httns://tools.uses.com/go/TrackConfirmAction.acti on 1/R/7111 .'Z' 6rLER COUNTY BUILDING REVIEW & PERMITTING CONTRACTOR'S LICENSING 2800 N.Horseshoe Drive • Naples, Florida 34104 •. (239) 252-2432 • Fax (239) 252-2469 PRELIMINARY COMPLAINT FORM Your Nam:: -,iv,�, S�, "\ Date: (1::_____-1--. ._S _Q � X S+Ail) City: Address: r y: /V+�}�� State: � Zip: ," y a 0 Home Phone: Business Phone: 7S3 Y/,5 THIS COMPLAINT IS AGAINST: Company Name: , `-'G is — MO R e P Y , � � License# 3''iGptF t / L'6 c V-5-€)/14 5' Ly a c 1-A .rO -. Contractor or Person in Charge: (If Known) �S-e -v .L C • Address:I`�(2 C (-:;_a Ta Phone: _ Date of Contract: THE.SPECIFIC COMPLAINT IS: (Attach additional sheets as necessary) 0 q G 6 Po R-c-fs'AA . tk A a 4\ - 6c.fl. ( 690 r.! ().6 P, afro ecrci e q --0)6 pima st �--? 39 95— Attach Copies of All Appropriate Documents: Contracts, Checks, Liens, Permits, Etc. Contractor Licensing Officers: Michael Ossorio (Supervisor)- (239)252-5706 Ian Jackson- (239)252-2451 Allen Kennette-(239) 252-2468 Robin Ganguli-(239)252-2914 Karen Clements- (239) 252-2450 Signature: ci=2 .n v.„3,,,,_____ , C o , ,..i e r C o s4 x t y 11- o2$a, -- t ., �'7 _ .., . • r. _ . .. Estimate .,,_ •• ,-.,.. ::.:: • • . ..... • Data Estimate* am m m . , • .mm tam • 1N/2011 RA09140037 • Li 1 r . ,,,, ,,,,•nniCitchns-Mtcyre.... Cabinets.Vattittes.Granite.Otteztx.rfooring-More Mana&Steve Mazza • . 690 Club Ma.reo#201 2614 Tainiami Trail N.#454 Marko Island,FL Naples,FL.34103 . PH:239-213-2221: --. FaE866-929-0535 . Same EmsanateorintingigNitchens-More.eona . . , .. . Project Kitchell&Bath 2011 . . .. •': . . . Customer Collect Customer Phone • ' • . . . Terms Rep •• • . . • 50%Onier./44)%13elivery/5%&5% AAD . 1VIaria&St:-=.I_ 8477510350 . • beectiOgoo ■-• I.)Provide..and install Kitchen.oabinets"Elite" Series all wood construction with soft close drawer glides. Inc1udes.36"Wall cabinets,(2)decorative wall panels,(4)Roll.Out Trays, . .. .. . • . . . • Crown Molding,Light Rail,fillers and toe ldc,k. Per owner approced.design. . • • 2.)Provide and install Vanity cabinets'Elite"Series all wood construction with soft close . .. •di-awer glides.Guest bath VSB-36-34,Master BathVS.B3-34(2),VDB-12-34(2).Inciudes . .. . . fillers&tOe kick. . . . . .• 3.Xitchen-Provide&Install LeVel I Granite Countertops-r backsplash-Standard . . • . . Edge-Undermotmt Sink(to be selected)-Per Owner Approved Drawings . . , .. . 4.)Master&Guest Bath-Provide&Install Level 1 Granite Countertops-4"backsplash-Standard 1 ' Edge-(3)White Ceramic Undermount Sink Cutout 5.)Provide and install all wood shelving in master closet per owner approved drawing. . . 6.)Electrical-Remove existing kitchen°Dome Lighting"over cabinets. Install (5)mini recess . • •. fixtures for general illumination. Install(5)undercounter task lighting fnctures. Add fan light . • . • • to existing ceiling fan per owner if needed. . . , .. 7..)P1innhing-Discormect and reconnect kitchenand vanity sinks as needed. Replace shut off • .• valves and exposed plumbing parts as needed. .1Zectenect icemaker line in kitchen. • -- Note: Proposal includes removal and disposal of existing cabinets and construction debris. Note: Proposal does not include any finicets for kitchen or vanities. Owner will select and . . . contractor will supply at owner's expense. : • Note:Proposal'i, 'des all municipal and building fees for Collier County and City of Marco •. Island. . : • ' • TOTAL..di .1 _ 24,262.91 '. .-.. Ateep ! I'lliVin ma. --.. i 1---------, • • By: 'IkIVAI Date: • . . AcceSniectsi. '-•nunk analoixtertzubiecitocharee*tout notice.Oder&seam and emedixtiom may matt in a&age tat mama any teatertals, . . • . pada,or- --.• ,-• that are r.i e rm-eke order-www.latelams-Mom.com.14C vearraprs all new products to be fox foam defects in.maralat aid vrodoxassisip ai ase ' • time of deivery or pickup.This'eon:gimes the(KO waranty and no other warranty or conation,Statutory or otherwise shall be implied. Verbal recresciaticins may-. not be relied 111,0s-Delivery dam prodded are approximate and not guaranteed. Deivery of prodoets S included to customer whisk tea miles. WWW.Kiteiseas-Morneorn LIZ namves ISe fight at airy time afterreaclea ofYom oder*accept or decline your order for nay reason.We may*Om virtiscoat• . •- verification mr inform:dm Wore&coercing say order, • . .. . • • :x24 Mond inwriL nu LE 000 _ ?---- '1 • 3/5/2011 https//email.landl.conVajaJ/mail?actio... Steve, • I sent this last night around 7:00PM, I did not want to bother you on Friday evening. I am not sure you received it. When I came in this morning at 8.00arn In had an error message saying it was not delivered, so I am reseeding. . Steve, • First let me thank you for the opportunity to earn your business! I have been a local contractor here for almost 21 years now. I have . intentionally kept my business at a level, even during the boom, that _ allowed me to personally price and supervise each job. I have two employees, Brian who manages the office and Tim who manages field • .• operations and design. I also use two independent sales reps that bring me. business. My Jobs, just like when I built homes, are done by long term - . trusted subcontractors Who are legal U.S. citizens, carryall insurances and., most importantly are the type of people you and I can trust in your home. I. provide quality products that I would have in my own home and I have never sold my jobs, bittilding homes or remodeling, on price! I sell based- - . on relationships of trust, built with my clients by delivering what I say, - when I say! And standing behind it. ; • My profit margins are modest and fair and I am happy to share them:with you. I have a margin of 20% built into your job with a 8% slippage contingency. When all is said and done and I have paid all of the ..- municipality fees (which are high in our area), subcontractors and niy overhead.I usually net around 4-6%. I am happy to proceed with your job ; on a cost plus basis where I would obtain three bids on every trade and adr 15% if you are more comfortable that way. It takes the risks out of it for me and may result in a lower pride for you. In conclusion after considering your proposal today I am prepared to offer, .. : the following final bid of$ 24,878.34 (attached). I do not add fluff to my proposals and so you know how I arrive at this number, I am willing to . reduce my margin by 5% and remove the 5% slippage, removal of the girl' • bedroom closet and reduction of the molding which I had duplicated in error. As I mentioned on the phone, it is very important that I understand: . ` • what I am providing you and that you understand what you are purchasing: With regards to the add-ons per our last meeting. They represent some substantial cost increases not included in the initial estimate for me Le: . • 9(24 Enniza a aeRP'f)l T.IOT. lE 32a • 3/5/2011 https//emaillandl.axNajaxjmail?actia.., - Addition of toirer.cabinet in master bath. - Demolition and refinish of soffits, medicine cabinets, mirrors and replacement.of electrical fixtures in both baths. - Increase upper cabinets to 42" - Addition of cabinet and installation for the drop in range • Also, with regards to your suggestions for the revised terms for payment. My terms are 50%execution of order/40% Delivery of materials/5% Substantial completion/5% Punch Out, for the following reasons, in the first week in which you execute the agreement to proceed I will submit and pay in advance.for your kitchen cabinets , . . (which represents a major portion of the entire job cost), submit for : the building permit on Marco (in your case will be around$ 1000.04)., purchase your granite, and provide each subcontractor a 50% deposit . on their portion of the job. When this is done I will have exhausted tho:. entire deposit. Thus the payment of 40% upon delivery of the materials. The remaining payment of.10%, which contains the profit.. : portion if I have'been successful and accurate in my bidding, is paid:: only when you are happy with the job! In conclusion I will thank'you again for the opportunity to earn your : business and should we.not,have done what was necessary to do:so, wish you the best in your exideavor. If you have any questions or would like to discuss this further please give me a.call. I am available` 5:30AM-10:00PM Mon-Sat. and:after church on Sunday (1:00PM) on my cell 339.287.280$. Sincerely, . • Brenton L, Mongan . • The Best for Less! . Affordable Kitchens, baths & More! • • • • ei ■¢Rq.01 7.107. lE 32(1 E00/EOO _ �-1 mas 4-Y DESIGN PROFFESIONAL INSPECTED PERMIT INSPECTOR'S PRE-PERMIT AFFIDAVIT $, _� 2007 FLORIDA BUILDING CODE Job Information Permit#: G l—33(to Job Site Address: Co .D Q(Ub /AAR& tin;-'r Zat Legal Address of Site: Property Owner: M D t.Z.A 124s;;ACA(.; Owner's Mailing Address: Contractor(Company Name): )Jcp1,t etbp fro s Contact Information Design Professional Name/License#: 'Scph C Kc ;146& ' 5(-CD 15 FLA. QE5. Design Professional Company Name: Sc..` KDSiaulK.i E0C94 WdGftvINC e _„ Address: 1S6 PIA' . or, .e er ()l i1 eis $eA 1 Pt- Phone/Fax/E-mail:t g.'5= Si 7' Name of Inspector if different from Design Professional named above: Job Description '�qt Description of wor that will be inspected: MU) �i3;,IJ't�'c,S A)& ) 8011" ��S /1t1e 6xtwtj � ` ) Pre-permit Acknowledgement A copy of all inspection reports will he submitted, at regular intervals,to the Building Services Division for review. If the individual reports are not signed and sealed then the engineer will provide a sealed cover letter itemizing the attached reports. A final certification letter will be submitted for review by the Building Services Division before completion of the permit.The letter will meet the following criteria: The final certification letter shall state that the Design Professional has made all inspections personally, or a duly appointed representative that is employed by the design professional, has performed the inspections on their behalf. The letter shall bear the Design Professional's signature, date, seal and statement that all phases of the construction have been inspected under his/her supervision and the construction is consistent with the plans and specifications outlined on his/her sealed construction documents. The City's"Engineer's Completion"form may be submitted in lieu of the final certification letter. It shall include the Engineer's signature and seal I 3/2011 Regulations and Information 1. The City of!Marco Island Building Services Division is regulated by the 2007 Florida Building Code. For more information about the code or to purchase the code visit http://www.floridabuildinq.ora 2. The City of Marco Island Building Services Division is further regulated by City of Marco Island Ordinance, Chapter 6, Article IV, Sec. 6-111. 3. Florida Statute 471.045 Professional engineers performing building code inspector duties.— Notwithstanding any other provision of law, a person who is currently licensed under this chapter to practice as a professional engineer may provide building code inspection services described in s. 468.603(6) and (7)to a local government or state agency upon its request, without being certified by the Florida Building Code Administrators and Inspectors Board under part XII of chapter 468. When performing these building code inspection services, the professional engineer is subject to the disciplinary guidelines of this chapter and s. 468.621(1)(c)-(h).Any complaint processing, investigation, and discipline that arise'out of a professional engineer's performing building code inspection services shall be conducted by the Board of Professional engineers rather than the Florida Building Code Administrators and inspectors Board.A professional engineer may not perform plans review as an employee of a local government upon any job that the professional engineer or the professional engineer's company designed. 4. Florida Statute 481.222 Architects performing building code inspection services.—Notwithstanding any other provision of law, a person who is currently licensed to practice as an architect under this part may provide building code inspection services described in s.468.603(6)and(7)to a local government or state agency upon its request, without being certified by the Florida Building Code Administrators and Inspectors Board under part XII of chapter 468. With respect to the performance of such building code inspection services, the architect is subject to the disciplinary guidelines of this part and s. 468.621(1)(c)-(h).Any complaint processing, investigation, and discipline that arise out of an architect's performance of building code inspection services shall be conducted by the Board of Architecture and Interior Design rather than the Florida Building Code Administrators and inspectors Board. An architect may not perform plans review as an employee of a local government upon any job that the architect or the architect's company designed. Design Professional's Certification I certify that all the foregoing information is accurate and that all work must be done in compliance with all applicable laws. -Sowell\ C. WAS:Ai–Ski tb57244$ r'/r /f Print Name of Design Professional/ License# S' re of Design Professional Date (Seal) } i 1 2 3/2011 x-- 13 DESIGN PROFESSIONAL INSPECTED PERMIT COMPLETION AFFIDAVIT ley 6 2007 FLORIDA BUILDING CODE Job Information Permit#: -gS, Job Site Address: GAO C lob Marto Dr i oe, t.)n i'T ep1 Legal Address of Site: Property Owner: M ta2A R.tsit Owner's Mailing Address: (nett) QLt* mm14f Cr, LWl Ot7 ineepools,g. ,T 2Di Contractor(Company Name): k4ple4 'Pra901 {fro S Contact Information Design Professional Name/License#: TQ.seph ' 557..48$ Design Professional Company Name: 5• C. 14 tD NSIL: wry.4•N ec,i- ry J N C Address: 13 (1.I I Frll eta D(. Behdt / gt o Phone/Fax/E-mail: 7.S1— S- 21 7 i Party paying for the Inspections: Job Description Description of work that was inspected, include any deviations from approved plans: t ew eAtb■ativo f Atsd &talk"- nets / /yam 'x rufcs (eta Design Professional Certification I certify that all necessary inspections have been performed. The construction is consistent with the plans and specifications outlined on the sealed construction documents. 34DS Ko NSVi //-/ `"f/ Print Name of Design Professional/ License# u of Design Professional Date (Seal) 3/2011 City of lAarco i1d ill 04 ot a ' 's 6_, June 27,2012 Mr. Brenton L. Mongen License Holder CBC1250145 Naples Property Pros 715 Parkview LN Naples FL 34103-3738 Dear Mr. Mongan: This letter is in regards to building permit#11-836(690 Club Marco Cir Bldg 19-201)by Naples Property Pros. The permit in question has not been issued because you have not provided sub-contractor forms for electric and plumbing. FS 489.113 (3) A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration in the respective trade category. The Building Official will not allow the permit to be issued without the required sub-contractor forms. If you do not submit the sub forms for electric and plumbing, a complaint will be filed with the Construction Industry Licensing Board. Once the City has received the sub-forms and approved the permit for issuance, we need to finish dealing with the special inspector issue. The engineer of record provided a form stating that he performed the required inspections, but failed to clarify exactly what he actually inspected. If he is not certified to perform the electric and plumbing inspections, per chapter 471 F.S. he should not be certifying these types of inspections. The City will provide the necessary electric and plumbing inspections once the permit is issued. 50 Bald Eagle Drive, Marco Island, Florida 34145 (239) 389-5000 FAX (239) 389-4359 www.cifyofmarcoisland.com 'iS Additionally, the Building Official is not required to accept the engineers' inspection and has declined the engineers' inspection form because it does not clearly identify all the work being inspected,or indicate what inspections were performed. Since the work is already performed we will also need,prior to permit issuance,the inspection reports showing what was inspected, date of inspection,name of inspector,design pr ofessionals seal, signature and date. I look forward to working with you regarding this matter. Please contact me at 239-389-5058 if you have any questions about this letter. Sincerely, Robert Mahar Chief Building Offiial E--16 I am not aware of this but Bob is not in. At the moment, he is in a meeting at the County, about pools. Will ask him when he returns. Ms. Lisa Lee Loewer City of Marco Island, Building Services 50 Bald Eagle Drive Marco Island FL Phone: 239-389-3956 From: GanguliRobin [mailto:RobinGanguli @colliergov.net] Sent: Tuesday,June 19, 2012 7:01 AM To: Lee Loewer Subject: RE : B.O.A.A. Hearing Good Morning Lee. I spoke to Brenton Mongan/Naples Property Pros regarding his permitting issues at 690 Club Marco Circle, Bldg 19, unit 201 that we all met in an attempt to resolve. He has informed me that he has sent the City of Marco Island Building Services a certified letter requested a hearing at the next B.O.A.A. meeting to contest Marco Island's policy of not accepting his permit by affidavit submittal. Ile told me he addressed this letter directly to Bob. I am trying to verify that this has actually occurred,and if so,when and where will the next B.O.A.A. meeting take place where this case will be heard. Please advise me on anything you may know regarding this matter. Thanks Lee. Rob Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released In response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. Florida has a very broad public records law.As a result,any written communication created or received by City of Marco Island employees is subject to disclosure to the public and the media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. if you do not wont your email address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by phone or in writing. 4 GanguliRobin From: Lee Loewer[LLoewer @cityofmarcoisland.corn] Sent: Friday, June 22, 2012 11:29 AM To: GanguliRobin Subject: FW: RE : B.O.A.A. Hearing Hello Rob, Thank you for your inquiry regarding permit#11-836 (690 Club Marco Cir Bldg 19-201) by Brenton Mongan, Naples Property Pros This permit has not been issued because the contractor has not provided his sub-contractor forms for electric and plumbing. Florida Statute 489.113 (3)states A contractor shall subcontract all electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air-conditioning work, unless such contractor holds a state certificate or registration in the respective trade category, We will not allow the permit to be issued without the sub-contractor forms. If the general contractor does not submit the sub forms for electric and plumbing, a complaint will be filed with the Construction Industry Licensing Board. Once we have received the sub-forms, we need to finish dealing with the special inspector issue. The engineer of record provided a form stating that he performed the required inspections, but failed to clarify exactly what he actually inspected. If he is not certified to perform the electric and plumbing inspections, per chapter 471 F.S. he should not be certifying these type of inspections. The City will be allowed access to perform the electric and plumbing inspections once the permit is issued. The Building Official is not required to accept the engineers inspection and has declined the engineers inspection form because it does not clearly identify all the work being inspected, or indicate what inspections were to be performed. Since we know that the work was already performed we will need the inspection reports showing what was inspected, date of inspection, name of inspector, design professionals seal, signature and date. If Mr. Morgan wishes to have his case heard by a Board of Adjustments and Appeals, he will need to use our board, which is our City Council. He should contact our Community Affairs Director, Bryan Milk 239-389-5012,to see about scheduling his request. We will generate a separate letter to Mr. Mongan, reiterating this information. Thanks, Lee INJIVIVIVe Ms. Lisa Lee Loewer City of Marco Island, Building Services 50 Bald Eagle Drive Marco Island FL Phone: 239-389-3956 From: GanguliRobin [mailto:RobinGanguli@colliergov.net] Sent: Tuesday, June 19, 2012 2:56 PM To: Lee Loewer Subject: RE: RE : B.O.A.A. Hearing 1 --1 GanguliRobin From: GanguliRobin Sent: Tuesday, August 14, 2012 8:01 AM To: OssorioMichael Subject: FW: RE : B.O.A.A. Hearing From: Brenton Mongan [mailto:Brenton @BuildNaples.com] _. Sent: Thursday, August 09, 2012 11:13 AM To: GanguliRobin Cc: BLM:CC Subject: RE: RE : B.O.A.A. Hearing I apologize for the delay in getting back to you. I have just returned from a trip to Virginia and came down with a Bronchial and Sinus infection that has had me in bed for four days straight. I finally got antibiotics and hope to be getting better in the next couple of days. I cannot remember the last time I was this ill. Just so you are aware, shortly after our last meeting together I had an allergic reaction to my arthritis medication. It caused me to be ill for a week and I have subsequently been going through some tests to see what the problem with the medication was and what else could be done for my condition. Not to bore you with details but, I suffer from Osteoarthritis and have "bone on Bone" condition in both hips. I have dealt with the condition for over eight years. I was to have my left hip replaced in 2007 however, I was laid off from DeAngelis Diamond Construction three weeks before my surgery and was unable to have the surgery as a result. Now, not being able to take the medication has left me barely able to walk and has caused me quite a bit of discomfort. It has affected my work and personal life immensely. When I was laid off at DeAngelis Diamond I was unable to obtain health care because of my being a 10 year cancer patient and no companies would accept me. I was fortunate that I was able to turn to the Veterans for care. As you know it is not the best but, has truly been a life saver for me. With no other option for keeping me walking and out of a wheelchair, my primary care doctor here at the Naples VA clinic referred me to the VA hospital in Bay Pines Florida. I started going there for appointments in June and continued weekly until July 23rd. On July 23rd I was appxoved fox double hip replacement surgery by the VA. With regards to the letter from Marco Island, I am as confused as ever. The letter itself seems to be contradictory and there is apparently no procedure for a "Permit for Affidavit". What is described in the letter is not a "Permit for Affidavit" and I am prepared to tell the Board the same. A "Permit for Affidavit" does not require a plumber or electrician be on the permit. This is the purpose of a PBA, the engineer does the inspections! No electrician or plumber will go on the permit! It is ridiculous when the other municipalities have the policies and I have complied with them successfully. I now have to be the Ginny Pig for Marco Island. It is ridiculous. I am seeking the advice of my attorney and will be considering legal action against the Engineer. It seems only prudent to bring them in on this since they do this frequently for all other municipalities. I will called to the hearing as well. It is ridiculous that after what I have paid to correct this matter that Marco Island cannot get what they need from them. If I had been able to get a clear explanation of this from the beginning, I could have pursued it then with the engineer. This has been a ridiculous process and I will be happy to tell the board or anyone in attendance that this is exactly 1 how this has been handled. As a result I have and will make no money in this job. The owner will use this excuse not to pay me the balance of$ 5300 and I will have paid for his new kitchen. All because we took a kitchen sink out for 2 days and put it back. The job has now been done for a year and no warranty issues have arisen! I have done everything as requested to correct this matter and spent good money after bad trying to correct it! With regards to a hearing, I am no longer requesting a hearing and will peruse my remedies through legal actions. Should a hearing be requested by someone else then so be it. With regards to a possible October as you mentioned in your voicemail. I was informed on my return home that I have been scheduled for double hip replacement surgery at Bay Pines Hospital on September 24th. This surgery is not optional for me. I will have the surgery there in Bay Pines Hospital and then be moved to the on campus therapy unit. I am told I will be released to come home around October 12th. I will then continue therapy here in Naples and will hopefully be released to work and to drive towards the beginning of November. If a hearing is scheduled and I am called in October I will have to inform the board of my unavailability due to medical reasons at that time. Thanks for all of your help. Semper Fi 4 p t '' '' ' -*: % 'Ar C G t lltt or Marco Island V /y ' C3 `' f;. December 28, 2012 Collier County Contractor Licensing Board 2800 North Horseshoe Dr Naples, FL 34104 To Whom It May Concern, Please accept this letter in lieu of an affidavit,that Mr. Brenton L. Mongen, License number CBC1250145, DBA Naples Property Pros, 715 Parkview Lane, Naples, FL 34103-3738, did on or about November 18, 2011, make application for a Multi-Family remodel at 690 Club Marco Circle, Building 19, Unit#201, permit application#11-836. The permit has not been issued and Is on hold. The Marco Island Building Department requested that the Contractor provide the sub- contractor information that is required under FS 489.113(3). The sub-contractors listed on the permit application are expected to take whatever steps are necessary to determine that the installation is done correctly and perform any tests available to determine compliance and safety. The Marco Island Building Department will not set a precedence by arbitrarily legitimizing non permitted work by use of an affidavit. There are procedures in place that address non permitted work. The Code Enforcement Board for the City will make the determination that all reasonable avenues have been exhausted to determine who actually did the work, what licenses they possess and what money trail exists, if any. If the Marco Island Code Enforcement Board rules the original contractor cannot be determined and the Building Department needs a permit to legitimize the work that has been completed, at that point, a permit by affidavit endorsement will be considered on an individual basis. Section 105.14—2010 Florida Building Code—Building and 2007 FBC—Building states the conditions that apply on permits issued on basis of an affidavit. This application does not meet these conditions and the Marco Island Building Official believes this Contractor has willfully committed a building code violation. ...) ,4 Sincerel W.- ------- Robert Mahar Building Official City of Marco Island 50 Bald Eagle Drive, Marco Island, Florida 34145 (239) 389°5000 FAX(239) 389-4359 www.cifyofanarcoisland.com ._ otl - SECTION 105 PERMITS Page 1 of 7 105 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom,an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway.dlUFlorida%20CustomBuild2004 FL/3/8?f=templat... 9/5/2008 ARTICLE V. BUILDING TRADES* Page 30 of36 Sec. 22-201.1 Misconduct--State certified contractors. The following actions by state certified contractors shall constitute misconduct and grounds for discipline pursuant to section 22-202 of this article. (1) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by .Florida Statutes. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. (3) If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past 12 months, to have committed fraud or a willful building code violation and the.CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective city. (4) Fraud. (Ord. No. 94-34, §4; Ord. No. 99-45, §4.2-4.2.3, 6-8-99; Ord. No. 06-46, § 1(4.1.8.2)) Sec. 22-202. Disciplinary proceedings, including minor violations. • (a) There are three categories of violations: (i) violations of subsection 489.127(1), F.S.; (II) violations of subsection 489.132(1), F.S.; and (iii) other violations within the jurisdiction of the contractor's licensing board. (1) Subsection 489.127(1), F.S., is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127 (1), 'F.S.: Collier County Building Official, all license compliance officers, the -chief building inspector, chief electrical inspector, chief plumbing/mechanical inspector, and/or other inspectors authorized from _time-to-time by the building official. Procedures specified in this section shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489:127(1) and/or 489.132(1), FS., are $3:0000 for the first uncontested violation and $500.00 for each subsequent uncontested violation by the same individual or entity. Penalties for co.ntested violations Of subsection 469.127(1), F.S., are as now or hereafter specified in Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The citation form attached hereto as Exhibit "A" is•approved, which form may be amended from time-to-time by resolution of the board of county commissioners. (2) Minor violations: The contractor licensing supervisor or designee Shall issue a "notice of noncompliance" as the county's first response to a minor violation of any provision of any regulatory law, including this section,when(i) it is reasonable for staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how'tocomply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The notice of noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify.a reasonably time for full compliance. The notice of noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the notice for compliance may result in disciplinary proceedings. Each BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2013-02 Robert E. Elwell,Jr. License Number: CAC058252 D/B/A— Service Star Cooling& Heating, Inc. Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Robert E. Elwell,Jr.( Respondent),a State of Florida licensed Air Conditioning Contractor( license#CAC058252),and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by The State of Florida as a Certified Class A Air Conditioning Contractor with License number CAC058252. 2. Under the provisions of Florida Statute 489.113(4)(b)the Collier County Contractors' Licensing Board is authorized to impose penalties against State Certified Contractors for willfully violating Building Codes. 3. Under the provisions of Collier County Ordinance 90-105,as amended,Section 22-201.1,the following actions by a holder of a Certified Air Conditioning Contractors' License shall constitute misconduct and grounds for discipline pursuant to Section 22-202. a. In November, 2012, Robert E. Elwell,Jr. was issued a Notice of Noncompliance,for a violation of the 2010 Florida Building Code Section 105.1,for installation of an A/C system without required permitting. Collier County Building Official was notified. b. Permit#PHRV20120510060 failed two times and was never corrected or rescheduled for inspection. Per the e-mail dated 1/4/13 with in this packet,from Tom DeGram, Chief Building Official, this constitutes a willful Code Violation. c. In May, 2012, a complaint was made against Service Star Cooling&Heating Inc. by Kobie Kooling,for not pulling a building permit for A/C unit,which was installed at the end of 2011. d. Thereafter, pursuant to Collier County Ordinance 90-105, as amended,Section 22- 202(b)and Section 22-202(c),the case was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against the Respondent. COUNT I 5. Collier County Ordinance 90-105,as amended,Section 22-201.1(2)states"Willfully violating the applicable building codes or laws of the State,City or Collier County". WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under 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 Respondent guilty of the violations charged. Dated: 07/3 Signed: ,ii. ,�_ ✓i�;,� Collier County Contractors' Licensing Supervisor or Designee C.L.B. Case #2012-02 Robert E. Elwell, Jr. d/b/a —Service Star Cooling & Heating, Inc. Table of Contents E1/E3 — Formal Complaint E4/E5 — Summary E6 — State D.B.P.R. Licensure Information E7 — Signed Notice of Hearing E8 — Returned Signed Registered Mail Card E9/E10 — E-Mail to Tom DeGram, Building Official with return response of Code Violation. E11 — Copy of Permit for A/C unit dated 5/11/12. E12 — Copy of inspection card. E13/E14 — Inspection History E15/E18 — Code Case Details of Investigation E19/E21 — Collier County Ordinance 90-105, as amended, Section 22.201.1(2) Outlining Misconduct by State Certified Contractors for "Willfully Violating the Applicable Building Codes or Laws of the State, City, or Collier County". Contractors' Licensing Board 2800 North Horseshoe Dr. Naples, Fl. 34104 Complaint Number-2013-02 Complainant:Any person who believes that a Contractor holding a State Certification or Certificate of competency has violated Collier County Ordinance 90-105, as amended, may submit a sworn complaint to the Contractor Licensing supervisor, or his/her designee.The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor.The 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: May,2012 Against: Contractor's Name: Robert E. Elwell,Jr. Phone:941-229-2767 cell Business Name:Service Star Cooling& Heating, Inc. License Number if known:CAC058252 Collier County Competency number: LCC20110003893 Contractor's Business Address: 2919 38th Avenue W., Bradenton, FL.34205 Filed By: E! Name: Collier County Contractors' Licensing Office Address:2800 North Horseshoe Drive, Naples, FL.34104 Business Phone:239-252-2450 Address where work done: 6216 Bellerive Avenue, Bldg. 17,Apt. 1702 City: Naples County:Collier Date of contract: Late 2011 Date job started: Late 2011 Date job completed or new home occupied: Late 2011 Were there plans and specifications? No Is there a written contract? . If yes,amount of Contract: Has Contractor been paid in full?Yes. If not,what amount? Was a Building Permit obtained? Not at time of installation. Building Permit number if known: PRHV20120510060 Have you communicated by letter with the licensee?Yes Date: November 27,2012. Do you have a reply?Yes 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): Ordinance 90-105,as amended,Section 22-201.1(2),Willfully violating the applicable building codes or laws of the State, City,or Collier County. �rZ • Please state the facts which you believe substantiate your charge of misconduct against the subject contractor. List facts separately for each subsection number above: Discovery of A/C system installation by Robert E. Elwell,Jr. (Service Star Cooling& Heating, Inc.)at 6216 Bellerive Avenue, Building 17,Apts. 1702, Naples, FL.without issuance of required permit, and without completing the required inspections and obtaining a Certificate of Completion for work permitted. (Complainant's signature) State of: Florida County of: Collier Sworn to (or affirmed)and subscribed before me this `-t' day of ,2013, bY- -._zw'(iG � (signatuFetpe oic-&' (44% t,ent). �i as , f j;, Commission#DD874980 i/ ll�. (signature of Notary Public) Expires: MAR.26,2013 BONDED TRRU ATLANTIC BONDING CO.,INC. Print,type or stamp commissioned name of Notary Public: Personally known V or produced identification 4.-3 C. L. B. Case #2013-02 Robert E. Elwell, Jr. Summary On 5/1/12, I received a called in Complaint from Koobie Kooling regarding an air conditioner that was installed after hours in the Vineyards at 6216 Bellerive, Building 17, Apt. 1702, by Service Star Cooling and Heating, Inc. No permits pulled. 5/3/12— Observed new RHEEM a/c unit, Mrs. Martens, condo owner said that the unit was installed at the end of 2011. Service Star came to her door and said that they were in the area and they could replace her unit and give a good price, she said the sales person Cedric was very pushy. Called and talked to Michael at Service Star because the qualifier Mr. Elwell was not available. Made Michael aware that we had another a/c unit installed by their company and not permitted. 5/14/12 — Permit is ready for issuance PRHV20120510060. 5/17/12— Called Mr. Elwell, let him know that the permit needed to be inspected and closed out. 5/23/12— Inspection was scheduled for 5/25/12. —A/C final failed, not per code, pad not rated and not anchored. AHU breaker over amped-max 30A. 9/20/12—Talked to Michael at Service Star, he has had corrections made and an inspection should have been scheduled on their end and it fell through the cracks. He assures me that he will schedule and complete and call me when finished. 9/24/12-Called to talk to Michael at Service Star and was told the office is closed due to the flu. Called Robert Elwell, qualifier and left another message. 9/26/12- Received call from Mr. Elwell, he said that Michael is taking paperwork over to Mrs. Martens and inspection would be called in tomorrow. 10/1/12— Final inspection scheduled for today. e—y 10/2/12 — Contractor license not renewed, could not put inspection results of failed inspection in until his State License certificate was renewed, and he needs to re-register with Collier County in order to have permit and results of inspection entered into our system. 10/10/12 — Called Mr. Elwell, he said he would be in today to update license and he told me he will no longer be qualifying Service Star Cooling & Heating when this permit is finished. 10/12/12- Mr. Elwell said that he is no longer qualifying Service Star, that the company has retained a new qualifier. 10/23/12—Talked to David at Service Star Enterprises, (new company name) he told me to talk to Mr. Elwell, they are not standing behind work. Called Mr. Elwell and was told he has retained an Attorney. I explained to Mr. Elwell that he should hire another company to finish the work and the permit. He said he would get back to me. 10/26/12— Left several messages for Mr. Elwell regarding going before the Contractor Licensing Board. Never received a phone call back. 10/29/12- Received phone message from Mr. Elwell's Attorney (Peter Mackey) to give him a call Monday morning. 11/1/12—Talked to Mr. Mackey, he stated that the owner of Service Star (Salvatore Tavalocki), has been arrested numerous time and is a ponsy skeemer. He told me that they are in the process to see what can be done to rectify the situation and bring a closure to Mrs. Martens. 11/27/12—Sent letter of Noncompliance for hearing on January 16th, 2013 to appear before the Contractor Licensing Board to hear this case. E-5 DBPR- ELWELL, ROBERT EARL JR; Doing Business As: SERVICE STAR COOLIN... Page 1 of 1 1:25:35 PM 1/4/2013 Licensee Details Licensee Information Name: ELWELL, ROBERT EARL JR(Primary Name) SERVICE STAR COOLING & HEATING, INC (DBA Name) Main Address: 2919 38TH AVE W BRADENTON Florida 34205 County: MANATEE License Mailing: LicenseLocation: License Information License Type: Certified Air Conditioning Contractor Rank: Cert Air License Number: CAC058252 Status: Current,Active Licensure Date: 09/28/2000 Expires: 08/31/2014 Special Qualifications Qualification Effective Class A Construction Business 02/20/2004 View Related License Information View License Complaint 1940 North Monroe Street.Tallahassee FL 32399:: Email:Customer Contact Center:: Customer Contact Center: 850.487.1395 The State of Honda is an AA/EEO employer.Copyright 2007-2010 Slate of Florida.privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395."Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=D 1 E254EC7573FB417E91... 1/4/2013 Colter County Growth Management Division Planning & Regulation CERTIFIED MAIL#7007 0710 0003 3698 4748 RETURN RECEIPT REQUESTED Date:_November 27,2012 MacKey Law Group Attn:Mr.Peter Mackey Esq. 1402 3rd Avenue W. Bradenton,FL.34205 RE: Complaint filed against Robert E.Elwell,Jr.,by Collier County Code Enforcement. Dear Mr.Mackey: A complaint has been filed against Robert E.Elwell,Jr.,by the above referenced individuals. A hearing of this complaint will be held by the Contractors'Licensing Board on January 16°'.2013,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 numher(s) 4.2.2 of Ordinance#2006-46 the range of disciplinary sanctions which may be imposed are from an oral reprimand to a suspension or revocation of Mr.Elwell's Collier County Certificate#201100001915 and/or suspension or revocation of your permit privileges against your state license #CAC058252. Sincerely, }. di-Wf Karen Clements Licensing Compliance Officer Phone#239-252-2450 G�t,Li r)t1 NT Growth Management Division•Planning&Regulation•2800 North Horseshoe Drive•Naples.Florida 34104.239-252-2400•www.collieraov.net SENDEP:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items items 1,2,and 3.Also complete • S azure . (tern 4'If Restricted Delivery is desired. ,'� � 0 Agent • Print your name and address on the reverse X ❑AddresseA so that we can return the card to you. e. ived ■ Attach this card to the back of the mailpiece, bY.l Printecl Name) C.Cr:D: :DeNver or on the front if space permits. rn G rnl � ! l 1. Article Addressed to: D. is detrvery address different from Item 1? ❑Yes j If YES,enter delivery address below: ❑No C o e y L.ctw Gre `_ : 9 12 Rem / ;3rd / venue W �rd i7 fore, / . 3�a l5 3.0re Type Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandie( ❑Insured Mall ❑C.O.D.. • 4. Restricted Delivery?(Extra Fee) p ye 1 2. Article Number 7007 0710 0003 3698 4748 Mender from service label) Pis Form 3811 February 2004 Domestic Return Receipt to2s$5-OM 2 •te Jf.C/eme'�s-Coa rnci.er- r c; . i ClementsKaren From: DeGramThomas Sent: Friday, January 04, 2013 11:22 AM To: ClementsKaren Cc: OssorioMichael Subject: RE: 6216 Bellerive Avenue Building 17-1702 regarding Robert E. Elwell, Jr. Karen, I consider this as a Willful Code Violation. Please advise if I can be of further assistance on this matter. 2 i;omas C. DeGram, CR0 . ` Copy Chief Building Official Growth Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 (239)252-4232 Akar From: ClementsKaren Sent: Friday,January 04, 2013 10:04 AM To: DeGramThomas Cc: OssorioMichael Subject: 6216 Bellerive Avenue Building 17-1702 regarding Robert E. Elwell,Jr. Mr. DeGram, Received complaint from Kobie Kooling against A/C work installed by Service Star Cooling& Heating, Inc.(Robert E. Elwell,Jr.)qualifier. Mr. Elwell had employees go to homeowners door and solicit Air Conditioning Unit that they happened to have left on their truck after work being done in their area.The homeowner Mrs. Marten's agreed to the offer at a reduced rate.The Air Conditioner was installed in the early evening and she paid for the work, later finding out that she over paid by$1,000.00. No permits were pulled at the time,Contractor Licensing got involved and the company did pull a building permit#PRHV20120510060, and then could not pass inspection.The fail was for A/C not per code, pad not rated and not anchored.AHU Breaker over amped-max 30A.After several attempts they never passed Inspection,and problems not corrected. Mr. Elwell was let go by Service Star Cooling and Heating, Inc.,and the Company has since changed their name and has a new qualifier. Mr. Elwell retained Attorney Peter Mackey,and Mr. Elwell has since renewed his State License with the old Company name, but has never come in to renew his registration with Collier County and has no intention of doing so. We would like to take Mr. Elwell in front of our Contractor Licensing Board and ask for your direction per code.Thank you. Karen Clements, 1 E-q • License Compliance Officer Under Florida Law.e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 2 E-/0 ViewAll Activities on this Application Add new rson or business to Address Book m @ `:6E R Application Number JP tHV2O12OS 0O6O Application Status Expired Application Type Mechanical Date Entered 105/11/2012 Work Class Alteration Entered By Renald Paul ±� riistiOn Type Department Addressing Inspector Fire Zone 3urisdiction Alcohol,Tobacco and Firearms Date Issued Land Use Date Expiration Ado C,,-c upanc,; ode Description of Work: 33! r Code{s j C?ccu sGy Cade INSTALL NEW RUUD 2TON 13 SEER SPLIT A. 44- I �I 6216 BELLERIVE AVE BLDG 17-1702 .�..... _ SUB-BELLERIVE AT THE VINEYARDS. 4` t �f r5 Hid p Clear Ft�ldS� ROW PeevelopmentType ROW Lane Closure ROW Season . d 'attributes e: 1-2 Family or Comm Building Height Ong Length . Building Name Building Width J Current SDP Name Corner FrontSetbacic Front Setback Side Setback Rear Setback Side Setback Cur Wind Load Zone Current 2€ming i Duplex or Less 1 Lot #3acs;AttaeliedEj Chng Number Fixtures alange use COA Required .w Cooling Tower Y DRI Dempster J EWA Approved 'expedited Review?171 Fast Track?E_ Platted 0 New Subdivision Li sely,Afridaytt Q Pvt Prov Inspection(. Pvt Prav Review E Reviewed Corner Lot Rev edPreserves -I Reviewed Waterfront Septic? ShelliWarehouselBuild-r Out? !. Sirtiuftaneous.eviewv? Work without Permit flag Thresholds 0 Garbage District In County Canal Initial SDP Name Lot Depth Lot Total Area I Lot Width I Master Permit# '.";w. ° "... �,71,,,, .„,t. �� `."d , �iGt t r `Piti lV2t1120S 76fl- l�escn ( ! t f 1■ Type Mechanical 6216 Bellerive AVE,Unit:1702 Address Status Expired Inspector Add a new person or business to Address Book r”it a� r a��'� rd ""as a is Y c s r ' Mr :ii,,,R"3..` ,izi.N'aww` ..... 4.1. . ...„ n . = . —.. - -�,...��, .2;,"'�,s Ra'•r A j 'z� y F . s,a °;4 ' t,, - j „:'t1! ASST. . o Priori Date P . red p .- . p7�r=. .� '« ake"° w .,„cam, `• - •'_»...�.,:�a.,.-r,,.c.,i c.� 1.:,-,..,t ",;i.Z:n_„=. 4` 1:. 3s i 1,0,�.z' :l-- a C---- i t 301 -A/C Final Timothy Rivard Routine 05/25/2012 Fail 1st 05125/2.012 601-inspection Call Fire Distr Normal Not Required 05/11/2012 — 641 -Final Fire Normal Not Required 05/1112012 — — Mechanical and Gas Review Jim Warfield Normal 05/16/2012 Approved 05/11/2012 — Fire Review Normal 05/16/2012 Approved 05/11/2012 — FEMA Review Jim Warfield Normal 05/16/2012 Approved 05/11/2012 — Final Review 1 Day Review Ti Jim War-field Normal 05/14/2012 Complete 05/11/2012 Generate Permit Fees Jim Warfield Normal 05/14/2012 Complete 05/11/2012 — Verify Permit ready to Issue Tami Buchan Normal Complete 05/16/2012 — Generate and Issue Permit Tami Buchan Normal Complete 05/16/2012 301 -A/C Final Peter Vargo Normal 10/01/2012 Fail - no fee 10/01/2012 301 -A/C Final Normal Not Required 11/13/2012 — No Inspections Passed in 180 Normal ; Complete 11/13/2012 Comments Start Time 1 Responsible Department Building Review and Permitting End Time I Resource Group Permitting Tech Hours Spent Date Requested Completed By Renald Paul Requested Time Frame r r,,,, r+or� Frc.i Is. L H1dF or Clear FteldTI Permit#JPRHV2012051006001 Permit Type IHV A.`. • 20m Co o < — ." _ _ $ n) - - / ƒ \ r $ $ \ \ 2 \ _, brr / nK0gOfm al rt / kp rn2 / \ 2 -. � d ® m ® ZD \ $gW < • / / 2 2 $ m / © \ $ a % X _q / \ % 3 0) K � mH 7 X � 9m / rnCDgR' 0h2 q \ / _1 0 / m Z • $ > m_ < \ E 9 I m = How .9 p m z 0 \ k Z G ] E < 0 Z o c m _ � / q \ ƒ c 13 � nf k > CO Q NI0 � / 0 a 0 \ m / < E M @ q 0 \ o / $ 2 z ^, / E 0 a r- / 0 0 K 2m e ¢ 71 -R / q / _2 E n CO 0 k J - � m 0 � ® 2 k � k 0 • 0 k R Z 3 - Cn Ni -0 e rll K• m 0 z 7 m m > / 22 - H k � K \ k ! S --1 m 00 mn3 2m )- (D < � 2 IO / /� 0) m 0X0 0 -E E0 / n 2m $ Q /2 > o > Z Z n S. X / 5 —I • 0 I > 0 St 0 X a > KO K S 2 0 M mn z S X. I f m m m 2 ® 5 a ) $ m m Ni 0 cn -I z 0 -I 7 > CD K -I g. Z n Z o m m m o / 7 0 0C C) 0 0 E 0 > . r > / -1 0 \ H m z Z 0 Z m f'3 n O o D N Z -< Z D a 0 0 K 3 o — —cn 0 CO 3 3 Ni Ni Ni N co co p CO O O O a O O a- o a a cD O I I I p. 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K m CD CD O°•) .. 0 0 `° 0, CD CD AD 0 CD °- la.. a E-/i CO: F ',s ,jtet Report Title: Code Case Details Date: 1/3/2013 12:46:25 PM Case Number: cemis20120006660 w Case Number: CEMIS20120006660 Status: Investigation Case Type: Misconduct Date &Time Entered: 5/1/2012 3:24:10 PM Priority: Normal Entered By: clements_k Inspector: clements_k Case Disposition: Case Pending Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Complaint called in by Koobie Kooling, unpermitted a/c unit. (work done by Service Star) Location Comments: 6216 Bellerive Bldg. 17 Apt. 1702, 9 i 1a# Property123907501841 ComplainantfKOBIE KOOLING, INC. Business Management& Budget Office 1 E-!5 Code Case Details Execution Date 1/3/2013 12:46:25 PM Desc Assigned Required Completed Outcome Comments Cont. Investigation clements_k 5/14/2012 5/14/2012 Complete 5/14/12-Permit is ready for issuance status. PRHV20120510060. Cont. Investigation clements_k 5/17/2012 5/17/2012 Complete 5/17/12-called Mr. Elwell,qualifier for Service Star,let him know that these permits need to be inspected and closed out and that he is on probation,and if these permits run out he will be back in front of the board. Cont.Investigation clements_k 5/22/2012 5/22/2012 Complete 5/22/12-Called Robert Elwell(qualifier)left msg.to call me.Called David at Service Star, I was given the run around as to why the inspections are not being done. I told them that if they do not schedule inspections today then this will be turned over to Code Enf. Cont.Investigation clements_k 5/23/2012 5/23/2012 Complete 5/23/12-Inspection is scheduled for Friday 5/25/12. Cont.Investigation clements_k 5/23/2012 5/23/2012 Complete 5/23/12-INSPECTION SCHEDULED FOR 5/25/12. Cont. Investigation clements_k 5/23/2012 5/9/2012 Complete 5/9/12-called Qualifier,Michael from Service Star will be in today to pull permit. Preliminary Investigation elements_k 7/10/2012 5/1/2012 Needs 5/1/12-went to Bellerive,new gate code, Investigatio could not obtain new code,try again n tomorrow. 5/3/12-Observed new RHEEM a/c unit, talked to condo owner,Mrs. Martens,and her daughter,they had Service Star Heating&Air install the unit at the end of 2011,They came to here door saying they were in the area and they could replace her unit and give a good price,later found out they paid$1000.00 over and saleperson was very pushy(Cedric). Called Service star talked to Michael, Operations Coordinator,qualifier not available, let him know that we found another unpermitted a/c and to pull a permit. — Cont. Investigation clements_k 9/20/2012 9/20/2012 Complete 9/20/12-Talked to Miohool at Service Star 239-491-2539,he has had corrections made and an inspection should have been scheduled on their end and it fell through the cracks.He assures me that he will schedule and have inspection done and will call me when it is finished. Cont. Investigation clements_k 9/24/2012 9/24/2012 Complete 9/24/12-called michael at Service Star,was told the office is closed today because everyone has the flu.Called Rober Elwell qualifier at 941-561-7876,loft mns..Age regarding this case. Business Management& Budget Office 2 Code Case Details Execution Date 1/3/2013 12:46:25 PM Desc Assigned Required Completed Outcome Comments Cont. Investigation clements_k 9/26/2012 9/26/2012 Complete 9/26/12-Received call from Robert Elwell, Service Star qualifier, he said finial inspections would be done today,went to permit record,not called in for today.Called Michael at Service Star,he needs to take paperwork over to homeowner and then call in final inspection for tomorrow,per Robert Elwell direction. I will check tomorrow to see if inspection was called in. Cont. Investigation clements_k 10/1/2012 10/1/2012 Complete 10/1/12-FINAL SCHEDULED FOR TODAY. Cont.Investigation clements_k 10/4/2012 10/2/2012 Complete 10/2/12-contractor license needs to be renewed,called and let them know. Cont. Investigation clements_k 10/10/2012 10/10/2012 Complete 10/10/12-Talked to Robert Elwell(Qualifier) for Service Star Cooling&Heating.He is coming in today to renew license and get this case finish, by getting the inspection finished. He stated he will no longer be qualifying Service Star when this case is finished. Cont. Investigation clements_k 10/15/2012 10/15/2012 Complete 10/15/12-talked to Robert Elwell on Friday 10/12/12, He stated that they are letting him go as qualifier,they halve a new qualifier that will be taking over. I will call Mindy today at Service Star. • Cont. Investigation clements_k 10/23/2012 10/23/2012 Complete 10/23/12-Talked to David at Service Star Enterprises,(new name)he told me to talk to Robert Elwell. Put call into Mr.Elwell.Mr. Elwell called me back,said he is not a qualifier for Service Star any longer and is in talks with his attorney regarding this matter. David at Service Star said that it is Mr.Elwell's permit and he needs to take care of it.Mr. Elwell was told by myself that he needs to hire another licensed a/c company to complete the work and take over the permit.He said he would get back to me. Cont.Investigation clements_k 10/26/2012 10/26/2012 Complete 10/26/12-Put call into Robert Elwell(941-567 -7876)regarding going before the board in December,waiting for return call back.Never received call back from Mr.Elwell at 2:45 P. M.Called Mr. Elwell again and left message about going before the Contractor Licensing Board in December to get matter resolved. Cont.Investigation clements_k 10/29/2012 10/29/2012 Complete 10/29/12-Received phone message from last friday night, Robert Elwell's attorney(Peter Mackey 941-746-6225)to call him on Monday Morning.Talk to MGO and he will give attorney a call. Cont.Investigation clements_k 11/6/2012 11/6/2012 Complete 11/1/12-Talked to Potor Mnnkey(941-746- 6225),Mr.Elwell's Attorney.He said that the owner of the company Service Star(Salvatore Tavalocki), has been arrested numerous times and is a ponsy skeemer.They are in the process to see what can be done to rectify the situation and bring closure. Business Management& Budget Office 3 1-17 • Code Case Details Execution Date 1/3/2013 12:46:25 PM Desc Assigned Required Completed Outcome Comments Cont.Investigation clements_k 11/27/2012 11/27/2012 Complete 11//27/12-Sent letter of Noncompliance for Hearing on January 16th,2013,to Mackey Law Group,Mr.Peter Mackey 1402 3rd Avenue W. Bradenton,FL.34205 and also a copy to Mr. Robert E.Elwell Jr.,2919 38th Avenue W.Bradenton,FL.34205.Called Mary Ann at Mr.Mackey office,his assistant and let her know that this letter was coming, she put the date on Mr.Mackey's calendar. Cont. Investigation clements_k 12/17/2012 12/17/2012 Complete 12/17/12-We will be taking Mr.Elwell before CLB in January. Paperwork(Notification)sent to Mr.Elwell and to Mr.Peter Mackey Attorney, 11/27/12. Investigation clements_k 1/3/2013 Pending Violation Description Status Entered Corrected Amount Comments 4.2 Misconduct State Certified Open 5/1/2012 $0 Contractors z to , ' t r s F 4 a X � „»,.;;;; s -VS. 5'4 air q ITitle I Reason I Result I Compliance I Fine/Day I Condition Business Management& Budget Office 4 E-l8 SECTION 105 PERMITS Page 1 of 7 '105 SECTION 105 - PERMITS • 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical,gas, mechanical or plumbing system,the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s),the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, - - refurbishing, minor renovations of service systems or manufacturing equipment . installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary.An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance_A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters-of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all - • times or such records shall be filed with the building official as designated. • 105.1.3 Food permit. . As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer.Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. • ' 2. Replacement of any minor part that does not alter approval of equipment or make. such equipment unsafe. • • Mechanical: • • 1. Portable heating appliance. 2. Portable ventilation equipment • LE=_I? ARTICLE V. BUILDING TRADES* Page 30 of 36 Sec. 22-201.1 Misconduct--State certified contractors. The following actions by state certified contractors shall constitute misconduct and grounds for discipline pursuant to section 22-202 of this article. (1) Failing or refusing to provide proof of public liability and property damage insurance coverage and workers compensation insurance coverage as required by Florida Statutes. (2) Willfully violating the applicable building codes or laws of the state, city or Collier County. (3) If the CLB finds through its public hearing process that the contractor was found by another county or municipality within the past 12 months, to have committed fraud or a willful building code violation and the CLB finds that such fraud or other willful violation would have been fraud or a willful violation if committed in Collier County or within the respective city. (4) Fraud. (Ord. No. 94-34, §4; Ord. No. 99-45, §4.2-4.2.3, 6-8-99; Ord. No. 06-46, § 1(4.1.8.2)) Sec. 22-202. Disciplinary proceedings, including minor violations. (a) There are three categories of violations: (i) violations of subsection 489.127(1), F.S.; (ii) violations of subsection 489.132(1), F.S.; and (iii) other violations within the jurisdiction of the contractor's licensing board. (1) Subsection 489.127(1), F.S., is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce subsection 487.127 (1), F.S.: Collier County Building Official, all license compliance officers, the chief building inspector, chief electrical inspector, chief plumbing/mechanical inspector, and/or other inspectors authorized from time-to-time by the building official. Procedures specified in this section shall apply except to the extent, if any, that Section 489.127 or Section 489.132, may require different procedure(s). The penalties for each uncontested violation of subsection 489.127(1) and/or 489.132(1), F.S., are $300.00 for the first uncontested violation and $500.00 for each subsequent uncontested violation by the same individual or entity. Penalties for contested violations of subsection 489.127(1), F.S., are as now or hereafter specified in Section 489.127, F.S. Penalties for contested violations of subsection 489.132(1), F.S., are as now or hereafter specified in Section 489.132, F.S. The citation form attached hereto as Exhibit "A" is approved, which form may be amended from time-to-time by resolution of the board of county commissioners. (2) Minor violations: The contractor licensing supervisor or designee shall issue a "notice of noncompliance" as the county's first response to a minor violation of any provision of any regulatory law, including this section,when (i)it is reasonable for staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provision; and (ii) that violation has not then resulted in economic harm or physical harm to any person; and (iii) the violation has neither adversely affected the public health, safety, or welfare, nor created any significant threat of any such adverse affect. The notice of noncompliance should identify the specific provision that was violated, should provide information on how to comply with that provision and should specify a reasonably time for full compliance. The notice of noncompliance shall not be accompanied with any immediate threat of any monetary fine or any other disciplinary penalty, but may specify that failure of the violator to correct the violation within the time specified in the notice for compliance may result in disciplinary proceedings. Each ao ARTICLE V. BUILDING TRADES* Page 31 of 36 violation that is not a "minor"violation is a "major"violation. (3) Major violations. The contractor licensing supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for major violations of this article by filing a sworn complaint with the clerk to the Collier County Board of County Commissioners. (4) Failure of non-state certified individual to promptly pay penalty to county. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County certified individual who then has an obligation to pay a penalty to the county imposed with finality under this article for any violation of this article (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the county's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings. (5) Failure of non-state certified individual to meet permit conditions. The county's building department may withhold issuance of any further permit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all county-issued permit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time. (6) Withholding permit pulling privileges of state certified contractor. Before the CLB may withhold any permit pulling privilege(s) of a state certified contractor, the CLB, after public hearing, must find that the contractor violated a provision of section 22-201.1 of this article. (b) Any person who believes that a contractor holding a certificate of competency has violated this article may submit a sworn complaint to the contractor licensing supervisor, or his designee. The complaint shall be in substantially the form prescribed by the contractor licensing supervisor. The complaining party shall state with particularity which section of this article he believes has been violated by the contractor and the essential facts in support thereof. (c) Upon the submission of a sworn complaint, the contractor licensing supervisor, or his designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges: If charges are warranted, the contractor licensing supervisor, or his designee, shall file the complaint with the clerk to the board of county commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the contractors' licensing board, enclosing a copy of the complaint and indicating: (1) The name of the complainant; (2) The date of the commission of the alleged offense; (3) The section of this article alleged to have been violated; (4) The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this article by the contractors' licensing board in the event said board finds a violation of this article to have occurred; (5) The date, time and place at which the contractor shall appear before the contractors' licensing board for a hearing regarding the complaint. The date scheduled shall not be sooner than 20 days from the mailing date of the certified letter. (d) The notice of hearing required by this section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the contractor licensing supervisor, or his designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his family over 15 years of age and informing such person of the contents of the notice. E.-ZI