Contractor Competency Board

Pensacola, FL · 2022-06-01 · More Pensacola, FL meetings · More Florida meetings

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[1:00:00] Yeah.
[1:01:19] Anybody to turn in. Eaker request. Anyone not exciting and on the
[1:01:36] side and sheet. Yes, it's just an accounting of parole. Yes, sir.
[1:02:26] Person. Secretary that we have a quorum. Yes, sir. We do. You have proof of publication
[1:02:43] notification of this meeting? Yes sir. Mr Chairman. It was published on May 26th 2022, the
[1:02:48] Escambia County Son Press. Would you read the board rooms, please ? Yes, sir. Mr. Chairman please
[1:02:56] Silence all cell phones. If you wish to speak, Please let the board secretary know in advance
[1:03:01] . Otherwise raise your hand for the board chair to recognize your request. When the chairman
[1:03:06] calls you to speak. Come to the podium, Adjust the microphone, then state your name and address
[1:03:11] for the record. You are requested to keep your remarks brief and factual. Both parties
[1:03:16] have an issue We granted uniform maximum time to speak. This typically runs between 3 to 5
[1:03:20] minutes. This hearing is considered quasi judicial conduct is formal and profane or
[1:03:25] derogatory comments will not be tolerated. Thank you. I'll entertain a motion to approve
[1:03:32] the minutes from the May 4th meeting. Motion to prove their second In the additions,
[1:03:36] deletions. Being known All those in favor say, Aye. Opposed like sign being known. The minutes
[1:03:43] are approved. At this time, I'll entertain a motion to move the public forum. To the end of the
[1:03:50] meeting. Motion made. Is there a second? And the discussion. Being known. All those in favor
[1:04:00] say Aye opposed like science. Also moved to admit all atoms of backup that were submitted for
[1:04:08] this meeting. Do the to the agenda. To the record of this meeting. Entertain a motion.
[1:04:13] Right? Is there a 2nd 2nd motion bathing secretary. Any discussion? Being done all those
[1:04:22] in favor say Aye. Opposed, like sign. Being known. The motions approved at this time we have
[1:04:31] the board secretary status report. No items for the board. We moved to item seven contract
[1:04:39] applications first on the board. We have Thomas Paciello, the third he is here for an
[1:04:47] application for examination for master plumber with gas. Mr Fastenal or your present. If you
[1:04:53] could please come to the podium, state your name and address for the record. My name is Thomas
[1:05:04] Facinelli of my address Is 1912 West Gregory Street. Pensacola, Florida. To have you here? His
[1:05:10] staff's recommendation to approve this application. A motion to approve the
[1:05:14] application. Is there a second motion made in secretary proof of the application for
[1:05:21] examination. Master plumber with gas for Thomas Vincent Nilo third. Thank you. Motion made
[1:05:30] all those in favor. Say Aye opposed like son. Being none. The motion for examination is
[1:05:37] approved for Master plumber. Mr Fiscella, don't come back to see us. I remember too. Next on the
[1:05:47] board. We have Jonathan King. He's here for an application for examination, also for a master
[1:05:51] plumber with gas. Mr King. If you could come to the podium, state your name and address for
[1:05:58] the record. Jonathan King. My address is 8572 Wickham place. Pensacola folded 3 to 514 to
[1:06:10] have you here, Mr King Steps recommendation that this application be approved motion
[1:06:15] to approve. Circuit. In the discussion. None all those in favor say Aye opposed like son.
[1:06:26] Being none. Application for examination for Jonathan King is a master plumber with gas is
[1:06:31] approved. Thank you. Don't come back to see it. Next on the board. We have coral likely he's
[1:06:42] here for two applications for examination. One is building contractor and the second is a
[1:06:47] roofing contractor. Mr likely. If you could please come to the podium, state your name and
[1:06:53] address for the record. And chair. We will need to separate motions. Mm 61 80, Then wrap
[1:07:01] them Let's go to fly. That gave me here, Mr likely entertained the motion to approve the
[1:07:08] examination for building contractor for coral likely. Mostly made in secondary that
[1:07:14] discussion. All those in favor say, Aye. Pose like son being none. The application for
[1:07:20] examination for building contractors for coral likely is approved. We moved to a motion
[1:07:26] to approve application for examination is roofing contractor for car likely.
[1:07:33] Motion made secondary discussion. What is it? That we made. Staff's recommendation is
[1:07:40] to approve Okay? All those in favor say Aye. Opposed, like sign. Being none. Application
[1:07:52] for examination for roofing contractor for coral likely is approved. Thank you, Mr likely
[1:07:57] don't come back to see us. Next. Next on the board. We have, um Pedro. Spurs is he's known as
[1:08:09] Antonio. He's here for an application for examination for roofing contractor Mr Perez, are
[1:08:13] you present. If you could please come to the podium, state your name and address for the record.
[1:08:25] My name is Pedro Antonio Perez. My attitude is 49 16 so for the road Do 5 to 6. Thank you, Mr
[1:08:33] Herriot. Entertain a motion to approve the application for examination. Roofing contractor
[1:08:40] by Antonio Fed through areas. Same motion million secondary. Any discussion? Being not all
[1:08:49] those in favor say Aye, close, like son being none. The application for examination
[1:08:55] roofing contractor for Antonio where the road prayers is approved. Thank you, Mr Torres.
[1:09:01] Thank you, sir. A week in Mexico last week. Yeah. I'm number six and last on the board. We have
[1:09:11] Daniel Perkins. He's here for an application for reciprocity for mass plumber with gas. He
[1:09:16] checked Yes, on the application, Therefore, that brings it before our board. Mr Perkins. If you
[1:09:24] could state your name and address for the record, and then also give an explanation to the
[1:09:29] board for the checked yes items. My name is Daniel Perkins. My address is 40 to 58. Bill Lane.
[1:09:35] Pace Florida. Uh check Yes. The items. I was young, I lost my father. I made mistakes. It's
[1:09:40] been over eight years. Paid all my debts to society. And here I am Today. I'm a family man
[1:09:47] married man. Is it? Mr Perkins, where you wishing to reciprocate from Santa Rosa County. And how
[1:09:55] long have you held your license there since March March, 23rd. Yes, ma'am. Entertain a motion
[1:10:04] to approve. Motion approved. Motion it through. Is there a second? Motion made second. Any
[1:10:15] discussion. Go ahead. Recommend. Yeah All of his items are in order. Okay. Any further discussion? Big None. All those
[1:10:29] in favor say Aye opposed, like sign. Being done. All those the emotions are approved for
[1:10:35] application. For refs or prosperity. Master plumber with guests for Daniel Perkin. Thank
[1:10:44] you, Mr Burton. Don't come back to see us. Now we're moving to disciplinary hearing. Yes sir.
[1:10:52] Mr. Chairman Item 81 is Jesse W. Lacoste doing business as Lacoste Construction Group LLC
[1:10:59] State registered license number R G 291103. Contractor Competency Board complaint
[1:11:07] number 2 to 0 to 10 C O M. It's in regards to Sandra King Hoffman. Homeowner Complainant
[1:11:15] at 18 Oh, nine East Bars Street. Which is in the city limits. Pensacola Florida If you are
[1:11:22] here to provide testimony for this hearing, if you could please scanned and be sworn in
[1:11:29] Yeah. Or. Alan Alan read from the administrative complaint. Petitioner is the Escambia
[1:11:47] County Contractor Competency Board authorized by the Escambia County Code of Ordinances to
[1:11:52] enforce the Florida building code, regulate construction contractors and to ensure
[1:11:56] compliance with the code and the construction contractors certification requirements.
[1:12:01] Respondent is a state registered general contractor having been issued license number or G
[1:12:07] 291103, licensed in Escambia County, Florida. Respondents address of record is 4400 Value
[1:12:17] Boulevard Suite 41. Pensacola Florida 3 to 503 respondent is subject to regulation by the
[1:12:24] board. Sandra Gray hired respondent to repair her residence located at 18 Oh,
[1:12:29] nine, East Bar Street. Pensacola, Florida 3 to 503. Which sustained damage resulting
[1:12:36] from a tree falling on the structure during Hurricane Sally Homeowners insurance provider
[1:12:41] estimated that the total loss for the structure was approximately 131,227. And 42
[1:12:47] cents. At the recommendation of the respondent homeowner obtained a private adjuster to
[1:12:54] assist with obtaining additional funds from the insurance provider for the repairs in
[1:12:59] November, 2020 homeowner executed an assignment of benefits to the respondent.
[1:13:07] Homeowner provided to the respondent and initial down payment of $78,399.90 on January
[1:13:13] 8th 2021. Responded obtained the permit for the repair project on July 2nd 2021 work commenced
[1:13:23] some subcontractor Comeback Restoration LLC recorded a construction lane against the
[1:13:29] property on July 7th 2021. In September. 2021 the city of Pensacola Building inspections
[1:13:37] department twice inspected the property and the construction work performed. Neither
[1:13:40] inspection passed. Homeowners insurance provider that informed homeowner that a certificate of
[1:13:46] completion and photos of the completed project must be provided before additional funds
[1:13:51] would be released. Homeowner obtained a project report update from the Lacoste customer portal
[1:13:57] , which stated that the demolition portion of the project was complete, but the
[1:14:01] project was halted upon finding additional structural issues that were not previously
[1:14:05] included. Within the insurance claim an additional funds were required to proceed. Respondent
[1:14:12] provided homeowner pictures of alleged termite damage in October, 21 21 Homeowner had the
[1:14:19] subject area inspected by termite control specialist who opined that the damage was
[1:14:24] caused by water intrusion. Homeowner then requested a full accounting of the project from
[1:14:29] the respondent after review of the accounting homeowner discovered discrepancies between
[1:14:33] the invoices and the work performed. On January, 6th 2022 homeowner filed a complaint
[1:14:40] against responded with the contractor Competency board. Notice of the problem will cause
[1:14:45] hearing was sent to the respondent at his address of record via certified US Mail
[1:14:50] with return receipt requested responded attended the probable cause hearing on March 2nd 2022.
[1:14:56] At the probable cause hearing, the board heard testimony from Escambia County Building
[1:15:00] Services Department staff, the homeowner, spouse respondents agent and responded. The board
[1:15:06] also considered documentary evidence pertinent to the issues. The testimony and
[1:15:11] evidence showed that the homeowner hired the respondent to repair hurricane damage to
[1:15:16] her residence. Homeowner obtained a private adjuster and assigned in a assignment of
[1:15:21] benefits to the respondent. The homeowner provided a down payment from insurance funds on
[1:15:27] January 8th 2021, the respondent obtained permitting for the project on July 2nd 2022 2021
[1:15:34] Sorry. The homeowner's insurance provider, requested documentation to release
[1:15:40] additional funds. Repair projects stalled because additional funding was needed
[1:15:45] for alleged termite damage. The homeowner had the damage inspected, and it was determined
[1:15:51] that the damage resulted from water intrusion. The homeowner requested a full accounting of
[1:15:56] the project. The homeowner received invoices that were provided to the private adjuster
[1:16:02] and insurance provider by the respondent for termite damage repair. The homeowners pest
[1:16:08] treatment provider determined that no termite damage existed. The homeowner received invoices
[1:16:14] that were provided to the private adjuster and insurance provider by the respondent for a
[1:16:19] fence installation. And the respondent performed no fence installation as part of the
[1:16:23] project. The board determined that there was probable cause to believe that the respondent
[1:16:29] violated a skinny calumny code section 18 37 c 11. Section 18 37 D 13 c two Section 18 37 D 13
[1:16:42] . C three and Florida statutes for 89 1 26 to a one A skinny county code section 18 37 c 11
[1:16:52] provides that a code violation results from Finding that a contractor is guilty of fraud or
[1:16:58] deceit or gross negligence, incompetency or misconduct in the practice of contracting. The
[1:17:05] penalty guidelines for violating code section 18 37 c 11 or a 100 to $5000 fine and such other
[1:17:14] penalty as provided here in Respondent violated scare me counting code section 18 37 c 11
[1:17:21] by committing deceit in the practice of contracting by providing invoices for fence
[1:17:25] installation. To the homeowners , private adjuster and insurance providers to obtain additional
[1:17:31] funds for work that was not performed. Skinny county code section 18 37 D 13 c three
[1:17:40] provides that a code violation results from any other form of misconduct or incompetency. The
[1:17:47] penalty guidelines for violating code section 18 37 D 13. C three or a 250 to $1000 fine and or
[1:17:55] probation. Respondent violated a scheme he county code section 18 37 D 13. C three by providing an
[1:18:05] additional scope of work for tar might damage to obtain additional funding from the
[1:18:09] insert insurance provider. When no termite damage existed. Skinny county code section 18 37
[1:18:17] d 13 c two provides that a code violation results from violation of any provisions of Chapter 4
[1:18:23] 89 4, Part one. Florida statutes as amended Florida statutes 49 1 26 to a one provides A
[1:18:33] contractor who receives as initial payment money totaling more than 10% of the contract
[1:18:39] price for repair, restoration, improvement or construction to residential real property. Must
[1:18:44] apply for permits necessary to do work within 30 days after the date payment is made, except
[1:18:50] where the work does not require a permit under the applicable codes and ordinances. Their
[1:18:55] penalty guidelines for violating for such a statute for 89 1 26 to a one r 500 to $1000 fine.
[1:19:04] Responded and violated Florida statute. 49 1 26 to a one by applying for the appropriate
[1:19:10] permitting 175 days after receiving the initial payment from the homeowner. Accordingly
[1:19:17] Respondent violated Escambia County Code section 18 37 D 13. C two by violating Florida
[1:19:23] statute for 89 1 26 to a one I believe. Mr Gray and Miss Gray, our president. I'm not sure
[1:19:35] there was another person that wanted to provide testimony as well. Mr Perry. Would you come
[1:19:43] up? You have a statement. My name is Logan Gray. I'm here representing my wife, Sandra.
[1:19:52] Great with that. 1 20 Grand Grand View Drive. Titus Alabama 36080, Mr Chairman, members of
[1:20:01] the board. Thank you for allowing me to make some comments regarding this
[1:20:04] disciplinary hearing. Especially want to thank the staff for all the hard work they've done.
[1:20:09] Because there is a lot of documentation right up there. I'll try to be relatively brief
[1:20:14] and hold it under 10 or 12 minutes. First I want to point out that the ownership Of
[1:20:20] Lacoste Construction LLC, according to the secretary of state, April 26 of 2021
[1:20:25] consisted of. Advanced design investments, Mr Kevin Stevens. Fre investments, Mr Brian Flynn.
[1:20:34] And Mr Jesse Lacoste. The next Statement that they have on the Secretary of state's website is
[1:20:43] March 24th. Of this year, 22 days after you recommended That the complaint go to Its
[1:20:50] disciplinary hearing. And the principles there are just Jesse W. Lacoste in a group called
[1:20:59] Sigma Enterprises Signal Enterprises List. Their address is the same as Lacoste at 4400.
[1:21:06] Boulevard Yet when you go to the secretary of state's website, it's not found there. And also
[1:21:11] like for you to. Review paragraph night or I'd like to review paragraph nine of the
[1:21:19] assignment of benefits. It contains two very important sentences. The first sentence is
[1:21:25] that localized agrees to furnish in the client, which is my wife. Agrees to pay for all the
[1:21:31] equipment supplies material. And labor necessary to bring the property to its free condition
[1:21:38] to his pre honest conditions. That phrase to bring the property to its pre loss
[1:21:44] condition is the scope of the work. It also requires were also states that Both the client and
[1:21:52] the cost acknowledge that an itemized per unit estimates slash invoice. Will be provided
[1:21:58] contemporaneously with this. And that did not occur. My comments regarding Mr Lacoste testimony
[1:22:06] before the board. On March 2nd. This is from the transcript. On page 85. This deals with you,
[1:22:14] Chairman Matthews when you ask him about the fence And he eventually said no. That fence
[1:22:20] belonged to the neighbors. And then you said But you charge them for it. And he response
[1:22:26] responds. Charge them for the services we provided on their fence that is referring to the
[1:22:32] rear of the property. Mr Chairman, members of board That statement is false. Stamps
[1:22:40] across the back of property had been putting in the spring and it was not damaged by Hurricane
[1:22:45] Sandy. On page 86. Mr. Bell, asked about. Their request for engineering and all that stuff
[1:22:55] they paid for their saying It was proprietary and you could not provide it to them. Mr.
[1:23:00] Lacoste says. No, sir. That's why I mentioned that it was provided to them. It's in the
[1:23:06] client portal. Our comment is we try to get it and look at that client portal. We did not find
[1:23:14] any invoices, expenses or up to date stuff, and we've got E mails back and forth requesting
[1:23:21] this information. We do have one of the emails comes from Christine Wilson, who works for
[1:23:28] Mr Cost. In this date of January. 7th 2022 Where she says, we normally do not share
[1:23:37] this proprietary information. On page 99 of the transcript. This is where Mr Bilby. Discusses the
[1:23:47] failure of inspections and he says What? Mr Smith, the city inspector. What Mr Smith wanted
[1:23:55] was the engineering on just the Rusin roof damage itself. The city has not received that, Nor
[1:24:03] have we received any other requests from that time frame. We paid. Um $2000 for an
[1:24:11] engineer to make a site visit at $4200 for the Wow. Engineers report. The city did not get an
[1:24:20] engineer's report. We did not get an engineer's report, and we don't believe there's one that
[1:24:26] exists. There are several other examples of Mr Lacoste inaccurate statements throughout
[1:24:31] his testimony. Like the number of leans placed on the Lacoste projects. Comeback restoration.
[1:24:37] Mr Lacoste thought it was Maybe two hours and someone else's Turns out. It was 53 That's
[1:24:47] official records. And there's one that I take great exception to and that's on page 72. Of the
[1:24:56] transcript. Worrying Mr Cross says most of these complaints, the official complaint. I think
[1:25:03] the I think you only named a few there. They are either completely irreverent or untrue.
[1:25:10] With the documentation you have before you. More to understand something. I understand the
[1:25:15] truth. And I understand what means to take an oath or an obligation. When I was a second,
[1:25:24] lieutenant, I took an oath when I sworn into the regular army. When I was on City Council, the
[1:25:30] city of Auburn took four arrows with the start of Asian quadrennium. So I understand
[1:25:35] what it means to take an oath or an obligation. Through more. I understand Florida statute.
[1:25:42] 837.2 point 02. That deals with Perjury. That's a class three felony. Regarding the 19
[1:25:54] statements and invoices. This is the accounting that we requested and add, requested several
[1:26:00] times. They finally provided. But we just wanted to know. What did you do with our money? And
[1:26:10] going through those 19. Statements and invoices. There's just a lot of fraud in the sea.
[1:26:18] I'd like to start with just a few of them, not all of them, but I can talk about all of
[1:26:24] them. But the first one I'd like to talk about his number 19. He charged us $4700 for an
[1:26:30] insurance to doctor. You can't charge anyone for an insurance deductible insurance company had
[1:26:39] already deducted that $4700. That's the seat. Number 18. Partial admin fees. And partial. Insurance consulting fees.
[1:26:53] $6098.64. In fact, He was challenged on that. But board member Dennis. I'd like to give
[1:27:06] you a statute here again. It's Florida statute. 6 27.715. Parentheses. Seven. Beef Four.
[1:27:17] That's 6 to 7. 7152 parentheses . Seven Defour, it says very plainly and assignment benefit
[1:27:27] may not contain administrative fees. Clearly a violation of Florida's law. The insult the
[1:27:34] insurance consulting Was performed by Noble. Public adjusting group. This is the
[1:27:43] group that Mr Lacoste directorate, uh, almost insisted recommended we used Statement 16
[1:27:50] and three deal with the engineer's report. We've just discussed that I'm prepared to
[1:27:55] go through all 19. But I think I've kind of made my point that these statements are not true.
[1:28:00] In summary. Sandra Ray paid over 125 125,000. $754.31. To Lacoste Construction Group LLC, if you
[1:28:17] paid it in order for them to bring the property to its preconditioned loss or to his
[1:28:21] pre loss condition. And the client also And Lacoste agreed that he would provide At current
[1:28:29] statements and invoices. He didn't do either one of them. Now the estimates we've had to
[1:28:39] fix the house, which means we've got undo what he's done Run from 135 to $145,000. They do not
[1:28:46] include. A pine paneled room that her father when he built the house in 1948 was completely
[1:28:54] pine panels, Heart pine. That was destroyed by Lacoste Construction. Another side issue
[1:29:05] . Those we've received notice from citizens insurance and they're not going to renew the
[1:29:09] insurance on this structure because it's not complete. Our request, and we make two of
[1:29:14] them. Her request. Is as authorized by Escambia County Ordinance 18 37 days See We.
[1:29:26] Asked the board to order Lacoste Construction LLC to pay full restitution in the sum of and
[1:29:33] that some of should either be. From 1 25, which 125,000 which we paid up to $150,000, which we
[1:29:41] think is going to cost. But we have to ask. We haven't asked 1 35 to 1 45. But we'd like
[1:29:49] restitution. Uh, We'd like that restitution paid by June 15th or in date certain Has sent by the
[1:29:59] board. June 15th or date certainly set by the board. We would also like that. Of
[1:30:05] request. That the license of Lacoste Construction LLC be suspended immediately and not
[1:30:16] reinstated until it's such time as restitution is paid. And if the restitution is not paid by
[1:30:26] that date certain That the license be revoked for a period of not less than five years. The
[1:30:32] last request. We have And this is a matter of Oh, he point of order. I'm not familiar with
[1:30:42] your rules. I would assume that they are based on either Robert's rules or Mason's rules
[1:30:47] of order. But we would request that any one of the board members Asked for a roll call
[1:30:53] vote. At the proper time. Mr Chairman members that concludes my remarks will be happy to
[1:31:01] answer any questions. Thank you. Body. Every question. Good. Thank you, Mr. Thank you. We
[1:31:08] have anybody else? Representing the cost. Put anyone else like to speak. My name is Angela
[1:31:22] Lacoste, Jessie's mother. I'm speaking for him because he's incarcerated right now, so you
[1:31:28] can't be here. But I'm here to tell you that he has gone on his work and may take longer. He may
[1:31:35] have. You know we got setbacks, but he will Do all the work that he has contended today for all
[1:31:42] these people And he's going through a hard time right now. I'm going through a hard time
[1:31:48] and I'm begging you all to keep its license Good so he can get Alec predicament he's in He's in
[1:31:53] there for two narcissistic women. That, um Who's had Children were. And that are
[1:32:00] trying to destroy his life right now. And he's fighting the battle right now. He's keeping
[1:32:06] his faith up. His witness and two other people in jail right now trying to keep his feet
[1:32:11] strong. And. I'm just begging you all to keep his license Good so he can get out of this.
[1:32:19] Integration. Thank you. You don't face that. That Okay? Takes you. Has your options
[1:32:38] ready to see? We'll take them each count.
[1:33:01] Wrecked here. Relation of the county code section. 18 37 c 11 . Is there a finding that Mr
[1:33:15] Lacoste is guilty of fraud or deceit or gross negligence, incompetency or misconduct and
[1:33:19] the practice of contracting Team discussion from the board. Comments. Entertain a motion.
[1:33:37] Penalty phase now, too. So we can take it one by one. We can do the count and then the
[1:33:46] respective penalty phase or we can do all three counts and then all three penalty phases. It's
[1:33:50] up to you. From my commotion to do the latter. Duke. Yes. So do the penalty phase. All of the
[1:34:05] Have to conclusion of the decisions. You might have a motion to do the penalty phase
[1:34:10] at the same time. Then after the after we threw all three counts, Okay? Motions made is their
[1:34:17] second to move the penalty phase to the very end of all three counts. Potion made second. Any
[1:34:23] discussion. Being known All those in favor say, Aye. Opposed being none. Emotions approved.
[1:34:32] Penalty phase will be considered the end of consideration of all three counts. That's account one
[1:34:39] entertained emotion. No proof. That he is guilty of. Incompetency misconduct, gross
[1:34:55] negligence, deceit or fraud. I'll make motion. Yes. Motion made yes. Is there a second?
[1:35:03] Circuit. Motion lead. Yes and second In the discussion. All those in favor say Aye. Opposed
[1:35:18] like sign being done. The decision is yes. Because as to count two the alleged violation
[1:35:27] of a skimpy county code section 18 37 D 13. C three. Is there a finding that Mr Lacoste engaged
[1:35:36] in any other form of misconduct or incompetency? Contain the motion. Discussion
[1:35:54] of our discussion double dipping on. Not on penalty because you'll go by one by one on each
[1:36:04] count for the penalty. In the administrative complaint, there were two separate instances
[1:36:08] referenced for each individual account. That makes more sense. Make motions for yes. Motion
[1:36:16] bait for yes, is their second. Motion made and seconded in the discussion. Being done all those
[1:36:26] in favor say Aye. Opposed, like sign. Being none. The decision is yes. Count three as to count
[1:36:38] three, the alleged violation of a skinny county code section 18 37 d 13. C two. Is there a
[1:36:46] finding that Mr Lacoste violated any provisions of chapter 4 89 part one of Florida statutes?
[1:36:52] Yes. Motion made yes is their second. Motion made yes, and the second any discussion Big? None.
[1:37:04] All those in favor say, aye. Opposed, like sign. Motion is approved. Decision is yes. Go to
[1:37:15] the penalty phase count one as to count one. The violation of code section 18 37 c 11. The
[1:37:22] penalty guidelines for violating code section 18 37 c 11 is a 100 to $5000 fine and such other
[1:37:30] penalty as allowed by law. We can do 100 all the way up to 5000. Discussion. We know if
[1:37:51] he's had any other Any other violation. As far as the skin we county. Mr Lacoste has not come
[1:38:02] before the sport before. I suggest we consider 2500. Make that emotion $2500. The motion
[1:38:20] braided. We $2500 fine. Is there a second? So. Motion. Vaden seconded any discussion. Being
[1:38:33] nod. All those in favor say Aye. Opposed like son. Being done. The motion is approved to be
[1:38:47] ordered to pay $2500 fine for count one We'll move to count, too. As to count two the
[1:38:55] violation of code section 18 37 D 13. C three The penalty guidelines for violating code
[1:39:02] section 18 37 D 13. C three A first violation $252,000 fine. This is first violation on this
[1:39:17] count as well. Is this his first violation on this count as well? There. We need to be record
[1:39:25] evidence of prior violations. Uh, in order to But for the enhanced penalty, and as far as
[1:39:33] I recall, there was no record evidence before this board of a prior violation of this code
[1:39:37] section would be his first violation under discount. Yes. So we can consider a About find
[1:39:47] and pro Bush. And or probation. Yeah. What is probation into what is that? So probation is
[1:39:58] when the licenses put on probation and, um if the contract or the license holder
[1:40:03] were too Have them repeat events . It would come to this board for further determination. So in
[1:40:11] essence, his his license is monitored. To make sure there are no on permitted. No um,
[1:40:20] failure to obtain upset inspections. All of those items , anything that would call us to
[1:40:25] come before the board. Would be considered, We'd have to come up with her. A decision on what the
[1:40:33] probation meant. Entertain a motion for a fine and our probation. Question. Have a
[1:40:53] question. Is this the only one that has Under first violation. I'm looking at this the only one
[1:41:00] that has any Ah, provisions for Probation or anything. Other than a fine I don't see it on
[1:41:09] number three. So if looking at your. Paper There they count one had the option. For any other
[1:41:21] such penalty count, two has and or probation count three for first violation is only a fine.
[1:41:39] But we can give him a probation on this one for sure. That is part of the penalty guidelines.
[1:41:44] Yes, sir. On the motion for $1000 fine and one year probation. A motion for $1000
[1:41:59] fine and one year probation. Is there a second? I'll say. Motion made and secondary in the
[1:42:08] discussion. Probation is one year from the date of this meeting. It is a violation. He
[1:42:18] comes back before the board. Any further discussion. Being done all those in favor say Aye.
[1:42:29] Opposed, like sign. Being none. The motion for $1000. Fine You know, one year patient is
[1:42:39] approved. As to count three violation of code section 18 37 D 13. C. Two The penalty
[1:42:50] guidelines for violating code section 18 37 D 13. C to our first violation of a $502,000
[1:42:57] fine. Motion. For Motion made for $500. Fine. Is there a second? Motion made and seconded
[1:43:14] $500 fine and the discussion. Being done all those in favor say Aye. Opposed like science.
[1:43:24] Motion is approved for a $500 fine count three. All right. So the board must also determine
[1:43:33] the following. What is the respondents deadline to pay the fines imposed? The deadline.
[1:43:38] Yes, sir. Motion for 90 days. Motion bait for 90 days. Is there a second Our discussion
[1:43:57] question. Uh, There any time frame for what he's getting. Date. That would be within the
[1:44:12] 90 days. You're good, okay? 90 days. The motion. Their seconds. Motion made and seconded into
[1:44:31] further discussion. What happens what happens if he doesn't pay the fine during this period of
[1:44:39] time, does it come back? Mr Lister, That will be our next discussion item. I'm sorry.
[1:44:45] Okay, have emotion. For 90 days. They want to find. All those in favor say Aye. Opposed like son
[1:44:59] being none. The motion for 90 days. Period to pay. The fine is approved. Next item the board
[1:45:08] myself to determine the penalty for the respondents failure to comply. Entertain a motion to
[1:45:18] revoke his license. Period of one year. For failure to comply. North. That's my motion. A
[1:45:28] second. Having a discussion. Where you can. Suspend or. The suspense. Mhm. The space. And
[1:45:58] change the motion to suspend For one year. Mr. Suspended over about that's right. So you can
[1:46:15] you can have cake and eat it too. So do keep in mind revocation of licenses, taking
[1:46:21] the way of his license. He would eat it to be reinstated if you were to revoke it. Suspension
[1:46:27] only suspends the license. There wouldn't be no further documentation when that
[1:46:30] suspension is lifted. Think the suspension is a little bit more favorable to him. Mr Chairman.
[1:46:43] Um. It appears these things are significant. The chair before the board. And. I mean, I have a
[1:46:57] big heart, but at the same time, there's gotta be some teeth. My opinion. To some of this stuff
[1:47:03] because We've seen this. I knew this board. I've seen this for years. And Um, you have a
[1:47:11] suggestion. It's a tough thing. To make this kind of decision, but there needs to be some teeth
[1:47:21] to it. And I understand. If you put somebody out of business, then they can't You know that
[1:47:26] you At the same time. If there's a pattern here that more people are going to get hurt. In
[1:47:33] public. So it's kind of a. I guess I do want to be a little more teeth to this. Yes, sir. Do
[1:47:43] we have record of how many open permits Our poll under The cost construction. Either in the city
[1:47:48] or in the county. It would take a few minutes for me to pull that data up for you. I mean, if
[1:47:57] you want me to, I don't have it readily available right now. Just something to consider.
[1:48:02] Right now we have a motion to suspend for a year. Suspend for the year pending if you cannot
[1:48:11] comply with the fines, correct if he does not Make his payment within 90 days. I mean, that was
[1:48:20] what that's what we were we he's got 90 days to pay If he fails to pay we suspended. No this is
[1:48:28] so this was if he fails to comply. This is what will happen. Okay? Everybody clear on
[1:48:36] that if he fails to pay fines within 90 days. The system. His license is suspended for one
[1:48:43] year. Clear. All those in favor say Aye. Opposed, like sign. Being none the motion to suspend
[1:48:57] his life for failure to pay his fine is approved. At this time staff would request that the
[1:49:05] administrative costs, Um, also being reimbursed to the county. It's just to mail him his
[1:49:11] notices Those items. Entertain a motion to air them. Administrative costs make a
[1:49:17] motion to approve for processing. Make a motion made their second Motion made in
[1:49:22] second All those in favor say Aye. Opposed, like sign. Being none. The motion to air the
[1:49:32] administrative cost is approved. Thank you, sir. The next item. The board must also determine
[1:49:38] whether the board wishes to order restitution in the amount of financial loss suffered by
[1:49:44] the homeowner. There was a request but made by Mr Parade. There was a request by the
[1:49:50] homeowners for restitution of $125,000. Entertain the motion. That's the full amount for
[1:50:04] everything with the amount requested. His entire correct, Mr Gray. 21 20. If we Medium 1
[1:50:11] 25. But and so on dollars Yes, Mr. We have 35 The five. But that's not including Find
[1:50:20] federal room. After additional costs of the range was 1 25 to 1. We can make it 150,000 based
[1:50:33] on receipts. Mr Chairman? Yeah. Hi. Sorry, Joey. Mr Chairman, in order for this board to impose
[1:50:48] any type of restitution that restitution amount must be supported by competent and
[1:50:52] substantial evidence. I have strong concerns based on the evidence that has been presented
[1:50:58] to this board. Whether any amount that this this board where you grant, um would Be
[1:51:04] sufficient to overcome appeal. Um the speculation of an amount between 1 25 and 150,000 is not
[1:51:13] competent, substantial evidence. Indeed, the evidence that was Presented his backup that was
[1:51:19] introduced into the record indicates payment was made both by the homeowners and by the
[1:51:24] insurance company. Um, to this board, in my opinion does not have enough evidence is enough
[1:51:29] specificity determine what actual amount The homeowners are out at this point. And so if
[1:51:36] this board were too Abide by the requests of the homeowner and impose. Let's say, 100 25,000,
[1:51:45] this board could be at risk of being overturned on appeal. When it comes to the restitution
[1:51:50] amount. I don't have any concerns with what's occurred up to this, but it's the
[1:51:54] restitution amount is giving me a little bit of part. Question Can we delay the decision on
[1:52:00] restitution amount pending. Pending certified statement. What the. The fact finding
[1:52:12] portion or the evidentiary portion of the quasi judicial hearing is already over. Um So I
[1:52:19] mean, if there if there were a time for the homeowner to prove the exact amount that would have
[1:52:24] been during the evidentiary portion of the hearing that has already been concluded. So if
[1:52:30] this board were to deny the rest are denied imposing restitution , that's not going to foreclose
[1:52:37] any other possible legal remedies that the homeowner may have against. The contractor.
[1:52:45] But my concern is that if this board imposes any restitution amount today that that will be
[1:52:50] overturned on appeal. Okay? Yes. Your opportunity. Good evidence. Just trying to come up with
[1:53:02] stuff. He didn't give us any of that information. And we don't believe that everybody, but he
[1:53:10] did take our money. Agreeing with him that it couldn't be travel. Problem is he took our
[1:53:16] money. What he did. House. As you said, My concern is that, uh , the lack of specificity of an
[1:53:33] amount But when we say between 1 25 between 1 50 that is not That one that is speculative and it
[1:53:41] is not competent and substantial evidence. That's not saying that if the board were to do that,
[1:53:45] that Mr Lacoste would, uh, would appeal. But if he did, the restitution amount would be
[1:53:49] subject. To being overturned. That is my concern as the council for this book The
[1:53:55] question. If we decided to do it. And it was appealed. It would be the honest would be on
[1:54:06] the, uh, on the homeowner to prove it. Uh, well, On appeal the quasi judicial proceeding
[1:54:16] the appellant in this case would be Mr Lacoste would have to prove that he received you
[1:54:21] process. It's my understanding that he was Provided notice, but he could not be here today. They
[1:54:26] would also be able to appeal whether this Board departed from the essential requirements Law.
[1:54:32] So did it followed the law, both state and county code, and the third is was this board's
[1:54:38] decision supported by competent and substantial evidence? That's where my concern comes in. If
[1:54:42] this board were too Issue of restitution amount that that amount may not be supported by
[1:54:50] confidence. Substantial evidence, Okay? There is still the civil remedy. Yes they're
[1:54:56] available Action that's taken by this board today with quote, foreclose any civil remedies,
[1:55:00] the homeowners. Are they? Are you all currently are y'all curtains? Are they currently in
[1:55:07] litigation or any type of civil? Nothing we're doing okay? Waiting 20. Proving that We
[1:55:21] paid. We've had all along as he is. Rationing sent us. Through $4700 or an insurance. All day
[1:55:39] long, but it's still not proof. Week days opportunity, but all this, he was given plenty of
[1:55:46] notice. He didn't do it. Dishes before its current since you. We still feel weird. We're not 100
[1:55:56] and $25,000. It's going to cost us that much more. He's done. But at least we know for a fact
[1:56:06] that we paid him hard. Bring the party to the free loss. Has this board made restitution
[1:56:21] requirement before just more made of restitution requirement before This board has previously
[1:56:28] required restitution be made on previous cases. Was it supplemented with a documentary
[1:56:34] and they the homeowner had provide, um Physical evidence of the money that they were out.
[1:56:41] Yes. Mr Grayson. We must agree. Says we do you mean the insurance company and yourself?
[1:56:55] Ensure. My father started playing insurance on this house back in 1948. So when we say
[1:57:03] insurance money Really your money that insurance company told us. Insurance company, Mr.
[1:57:13] Gray Mr Gray. If you can step to the podium, they're having trouble hearing It's on. Oh
[1:57:20] insurance Company paid us some money upfront before we got Mr Carlson volume. Then when we
[1:57:26] assigned the assignment of benefits, we gave him the remaining money that we had
[1:57:31] because we had to pay for taking a tree off the roof and getting it at us Putting a tarp on which
[1:57:37] did not Our talk didn't fail. It was his that failed. Uh, And he did, and there were supplemental
[1:57:43] claims to that. And so, yes, the insurance company did make some additional payments past the
[1:57:48] original, but As far as who's out the money. You know, it was our money. If we've done it
[1:57:55] right, we would have got the money and then just not gone this assignment of benefits and
[1:57:59] just done it on the draw basis like a bank does, But we Made a huge mistake. And this is a
[1:58:05] result of it. And so we're here that You know, And as far as litigation, there is litigation
[1:58:11] out there. But it's not my place to tell you who's who's doing that. Yes, ma'am. Thank you.
[1:58:20] Your recommendation is No restitution. Mr Chairman, I cannot make a recommendation.
[1:58:28] I'm just advising you my concerns. Um And if you were to take a certain action, what
[1:58:33] could what this board can expect in terms of course I would. Represent this board and Are you
[1:58:41] on behalf of whatever this is whatever decision is made. Council. Yes. But As far as, uh. Uh civil matter can be
[1:58:56] resolved on this in court, right? And it wouldn't tiles into it at all. That is correct
[1:59:02] . Any action taken by this board today is not going to Prevent or foreclose any, uh, pending or
[1:59:09] future civil action between the homeowners and the contractor. Yeah. Have a question in the
[1:59:19] motion. Concerning restitution at this time. Entertain a new motion. Yes. Have a question if
[1:59:29] the owner was to present Canceled checks Whatever. Like it was mentioned before evidence
[1:59:36] of what was paid. With that constitute what constitutes as knowing how much money would be.
[1:59:46] Yes that that could constitute confidence, substantial evidence , and I do believe some of that
[1:59:50] is in the back up. Which was admitted into the record is part of evidence for this hearing. My
[1:59:57] point is that any restitution amount must be based on the Evidence that is before this
[2:00:03] board. So if that means this board needs to Calculate that amount. Then that's what needs
[2:00:09] to occur. It's just you cannot. I would caution the board against accepting her ordering a
[2:00:16] blanket 1 25 blanket 1 50. The amount of restitution that is ordered must be based on the
[2:00:22] evidence that is before this board. The purpose of restitution is to make the. The
[2:00:32] party who lost hope It's not to provide some gain or benefit to the homeowner. Okay, counselor.
[2:00:39] Can we postpone their decision on this pending a. And accountability of what is To be
[2:00:50] restored. Not have a concern with that, if you want to move it to the next meeting, so the
[2:00:55] board can continue to review all the evidence that is currently in the record. Entertainment
[2:01:00] emotion postponed a decision on restitution to the following meeting to allow the staff to
[2:01:07] come up with the recommendation on the amount of restitution. It's authorized. It's a motion.
[2:01:13] Second And the discussion. Big None. All those in favor say Aye opposed life side being none.
[2:01:23] The motion to approve The delayed discussion of restitution until the facts are
[2:01:29] known, and our final item for this case, the board must also issue a recommendation to the
[2:01:35] construction industry Licensing board. That's the state's board. It is recommended. Recommended
[2:01:40] penalty may include a recommendation for no further action or a recommendation for
[2:01:45] suspension revocation or restriction of the registration or a fine to be levied by the
[2:01:52] board or a combination thereof per Florida statute. 49. 1 31 7 C.
[2:02:08] And we just report what we decided to do. To the board. Hmm. If you wish to only report
[2:02:15] what you decided to do than your recommendation to that board would be no further action. If
[2:02:21] you wish for that board to also take action. You would select one of the others. We've done a
[2:02:27] lot so far. We won't say no further action to the board. Motion for no purpose. Motion
[2:02:41] made no further action by the Construction industry licensing board. Have a second Second.
[2:02:50] Motion made and seconded and in discussion. Big nut. All those in favor say Aye. Posed like
[2:02:56] son. Big none. The motion for no further action to construction Industry licensing board is made
[2:03:05] and approved. All right, sir. We will move into Matthew s banks doing business as banks
[2:03:16] Construction LLC. State registered license Number R r 282812001. Contractor Competency
[2:03:26] Board complaint 220213. O M. It's in regard to Jennifer and Eugene Stone Homeowners
[2:03:33] complainants at 46 50 Francisco. That's also in the city limits of Pensacola, Florida If you are
[2:03:41] here to provide testimony Yes, sir. Sorry, sir. My name is David Bryan to 7 to 5. Black
[2:03:55] would drive Cantonment, Florida. Um we are part of the Public Forum address, and there's a
[2:04:01] group of us There's actually multiple different cases that we're all here to speak about
[2:04:06] Matthew Banks and what's going on. Um we would We appreciate the board's, uh, motion to put
[2:04:13] the public form at the end, but I think what we all have to say, is something that applies to the
[2:04:19] next four cases. Matthew Banks. So we'd like to perhaps ask the board. We can move that public
[2:04:24] address. So that we have been comments made concerning these cases by this group could not be
[2:04:31] considered by this board. There are public forum. We cannot consider it because that's not
[2:04:39] that's not Evidence. It's not about these particular cases. It's about our own cases. It's
[2:04:46] not about our cases are not your cases or not before this board. Gotcha. Okay. All right. Thank
[2:04:51] you. Your cases have to come before this board for us to consider any kind of evidence
[2:04:57] that you would present Okay? My name is Jenny Anderson. My address is 3036 Coral Strip
[2:05:12] Parkway, Santa Rosa County, Florida. Uh while our cases are not before this board, there's a
[2:05:19] public forum in order to inform you as the board and that's what we're asking to do for you to
[2:05:24] hear our cases that will be heard in other forums. Um in advance of hearing Mr Banks
[2:05:30] disciplinary hearing. That could be influenced the decisions thing of the board as to these
[2:05:36] cases in which cannot do that. We've already voted to move that to the end of the day have to
[2:05:44] consider the evidence presented in this case in this case only. Absolutely. I'm not asking you
[2:05:49] to comments from anybody else. I'm not asking you at all to not Here's these cases, but we
[2:05:55] cannot risk you're coming up before us and influencing the board. Before we hear the cases.
[2:06:02] Understood. Thank you, sir. If you are here to provide testimony on this item, if you
[2:06:11] could please stand and be sworn in.
[2:06:30] Alright from the Ministry of Complaint. I'm going to skip one because it's the same Burbage as
[2:06:35] previous administrative complaints. Respondent is a state registered residential
[2:06:40] contractor having been issued license number R R 2828. 12001 licensed in his Scampia County,
[2:06:48] Florida. Respondents address of record record is 10370. Pensacola Boulevard. Pensacola,
[2:06:55] Florida 3 to 534. Respondent is subject to regulation by the board. Eugene and Jennifer
[2:07:03] Stone, hired respondent to repair and remodel their vacant residents located at 46. 50
[2:07:08] Francisco Road. Pensacola Florida 3 to 504. The sustained damage from water intrusion
[2:07:15] termites. The total cost for the remodel was $63,380 on June 26th 2020 homeowner executed the
[2:07:24] contract with respondent and paid respondent an initial payment of 26,000. $440. Work
[2:07:32] commenced on the termite damaged area on October 7th 2020. On October 12th 2020. The contract
[2:07:41] was revised to include the replacement of 27 windows and the residents and homeowners
[2:07:46] made an additional $13,700 payment to the responding Respondent obtained a permit for
[2:07:53] the repair on January 14th 2021. Work on the project was intermittent, and the homeowners
[2:08:00] continually requested a completion date from the respondent. In March, 2021 the
[2:08:05] homeowners requested a complete financial accounting of the project in June, 2021. The
[2:08:12] homeowners requested a definitive timeline for completion of the project.
[2:08:16] Respondent provided the homeowners timetable of outstanding items and an
[2:08:20] approximate time required to complete the items. After noticing the type that timetable
[2:08:26] provided no approximate completion date, The homeowners again requested that the
[2:08:31] respondent provided completion date respondent provided the homeowners with a completion
[2:08:36] date in August, 2021. In August 2021 with the understanding that their project was near
[2:08:43] completion, according to the timetable provided by the respondent the homeowners sold
[2:08:48] their home in Baton Rouge, Louisiana, and moved to Pensacola, Florida to reside and
[2:08:52] they're repaired home. Upon arrival, the homeowners realized that the project was not near
[2:08:57] completion. The homeowners moved into the one untouched room in the home and continue to wait
[2:09:03] for the completion of the project. After further delays and still incomplete project
[2:09:08] homeowner filed a complaint with the board in December. 2021. Notice of the probable cause
[2:09:14] hearing was sent to the respondent at his address of record via certified mail with
[2:09:18] return receipt requested responded attended the probable cause hearing on March 2nd 2022.
[2:09:25] As a probable cause. Hearing the board heard testimony from a Scandia County building Services
[2:09:30] department staff. The city of Pensacola building official the homeowner and the respondent The
[2:09:36] board also considered documentary evidence pertinent to the issues. The testimony and
[2:09:41] evidence showed that the homeowners made initial payment to the respondent on June 26
[2:09:45] 2020. Work commenced on the project on October 7th 2020 on October 12th 2020. The contract
[2:09:53] was revised to include the replacement of 27 windows. Responded obtained permit for
[2:10:00] the repair on January 14th 2021 202 days after receiving and the initial payment and 99 days
[2:10:07] after work commenced in October. The project was slow moving with inter minute work being
[2:10:14] performed. Homeowners requested a definitive completion date for timing of their relocation.
[2:10:21] Respondent provided a completion date in August. 2021 as of the March 2nd 2022 probable cause
[2:10:28] hearing responded had not completed the project. The board determined that there was
[2:10:33] probable cause to believe responded violated a scheme. Be county code section 18 37 c 11.
[2:10:40] Section 18 37, D 15, A and Florida statutes for 89 1 26 to a one. A skinny county code
[2:10:50] section 18 37 c 11 provides that a code violation results from finding that a contractor is
[2:10:56] guilty of fraud or deceit or gross negligence, incompetency or misconduct in the practice of
[2:11:01] contracting. The penalty guidelines for violating code section 18 37 c 11 100 to $5000
[2:11:10] fine and such other penalty as provided in his skinny county code section 18 37. Respondent
[2:11:18] violated Escambia County Code section 18 37 c 11. By failing to complete the construction
[2:11:24] project as of March, 2022. Seven months after the provided completion date and 21 months
[2:11:31] after the contract, X execution. A skinny county code section 18 37, d 15 8 provides that a code
[2:11:39] violation Results from late permits Contractor pools permit after starting job prior to
[2:11:44] completion of same And does not miss any inspections. The penalty guidelines for violating
[2:11:50] code section 18 37 D 15. A $100 fine. Respondent violated Escambia County Code section 18
[2:11:58] 37 D 15 a by obtaining the required permitting three months after commencing work on the
[2:12:03] project. Skinny county code section 18 37 D 13 c to provide cold violation results from
[2:12:12] violation of any provisions of Chapter 4 89 part one Florida statutes as amended. Florida
[2:12:18] statutes 49 1 26 to a one provides a contractor who receives as initial payment
[2:12:24] money totaling more than 10% of the contract price for repair. Restoration improvement or
[2:12:29] construction to residential real property must apply for permits necessary to do work within 30
[2:12:35] days after the date payment is made. Apparently used guidelines for violating Escambia County
[2:12:42] Code section 18 37 D 13. C two. Norris follows $502,000 fine. Respondent violated Florida
[2:12:51] Statute. 4 89 1 26 to a one by applying for appropriate permitting 200 days after
[2:12:58] receiving the initial payment from the homeowners. Accordingly respondent violated a skinny
[2:13:04] county code section 18 37 d 13. C two by violating for a statute 49 1 26 to a one. It's my
[2:13:14] understanding that both parties are president for this hearing. Are you here? This thing. Thank
[2:13:37] you. My name is Jennifer Stone. Um, live it. 46 50 Francisco Red. Pensacola Florida 3 to 53.
[2:13:48] Um. I'll keep my remarks as short as possible. Um, but Mr Banks Has. Made numerous
[2:14:01] promises. Numerous written promises to me over the years. It's a systematic approach, and
[2:14:10] I say years because this has been going on for years. We entered into a contract with Mr
[2:14:16] Banks to repair our house. Um June 26th, 2000 and 20. That's nearly two years ago. We're
[2:14:25] about we're in June of 2020 22 right now. Mr Banks makes false pretenses of work that's going
[2:14:33] to be done in the future. He tells you He's going to finish your house. He's going to do it
[2:14:38] on a certain date. He's going to be there. Just last week, I was told By three emails to three
[2:14:44] emails from his employees. That employee would be at my house last Friday to assess my house.
[2:14:48] Nobody showed up. Never saw him. Mr Banks has $70,000 over 70,000 of my money. Um and then he was
[2:14:59] supposed to repair as the charges say, um, we gave him a 50% deposit. The first check we
[2:15:05] gave him was June 26, 2000 and 20. They began work. October, 7th. During that week, which was
[2:15:13] the first week of the job. Matt and I negotiated on having the windows replaced in our house.
[2:15:19] We wanted hurricane windows because I'm old and I don't want to be worried about it. So We
[2:15:24] gave him a check for 13,700 that project that second invoice for Windows was 27,400. We gave him
[2:15:34] another 50% deposit 13,700. Mr Banks did not order those windows until January. So he had
[2:15:42] the money for three or four months before he ordered the supplies needed. He also did not
[2:15:48] file for a permit. He did not apply for the permit. And when he did apply for the permit, he
[2:15:56] applied with false information. The city has confirmed to me that Mr Banks filed for a permit
[2:16:04] for $15,000 to repair the termite wall into place insulation in the a frame, which
[2:16:07] is the one room that he filed for a permanent My home reconstruction was three
[2:16:13] bathrooms, adjustments, my kitchen, take down a wall and take down two walls. Fix the
[2:16:20] termite wall. Fix the A frame installed the windows when Mr Banks applied for the permit
[2:16:26] with the city in January, he was well aware that his two permits Were $90,000. He applied for
[2:16:34] 15,000. That is Blatant fraud against the city of Pensacola because he knew that he was
[2:16:41] going to have to pay an additional fee if he had a charge if he'd given the city
[2:16:46] the full amount. Mr Banks failed. To um, have any work done for that permit? Um for six
[2:16:56] months, and that permit that was for one room. Expired April 17th, 2000 and 22. March 2nd you
[2:17:05] asked Mr Banks. When are you going to do something about this ? And this invoice? These these
[2:17:11] permits. And he said, I'm going to leave here right away. I'm gonna go check on these permits
[2:17:17] because I know we have a window permit. He didn't have a windows permit. I called the city
[2:17:21] because I'm concerned as a homeowner. What am I going to be held liable for? These windows
[2:17:26] have been in place for over a year. If they're not inspected. Am I the person that's going to
[2:17:33] be charged because they're not inspected? I spoke to the city. Building people. They informed
[2:17:40] me that I had three options. I could fire Mr Banks. I could park my project. I could hire
[2:17:45] somebody else. My whole object is get my house done. I mean, I'm not trying to be
[2:17:53] unreasonable, but two years and we don't have one room completed, Not one room. He's I
[2:18:00] also stood before you and March 2nd. 2000 and 22. I asked. I had provided an accounting of
[2:18:07] expense. Mr Banks told this board he would within 48 hours provide me an accounting of
[2:18:14] expense. That was another lie to the sport. Nine days later, Mr Banks provided me an Excel
[2:18:19] spreadsheet. One of his employees emailed it to me. Mr Banks is Stated that he spent.
[2:18:28] So far on my project 4 107,089 50. I'm going to tell you that I'm only gonna detail a few
[2:18:37] items in that That is erroneous . I mean, Mr Banks said he paid 5700 per countertops. Mr. Banks
[2:18:45] did not pay 5700 for countertops. I can provide you the checks that show I paid
[2:18:50] that. Mr Banks. I live in the city. I'm not contractor. We established that the last time I
[2:18:56] was up here. I'm I don't know much, but I do know for a fact. That I live in the city and I'm
[2:19:04] on public utilities. Mr. Banks charged me $850 for a septic tank. I'll have a subject tank.
[2:19:11] There's no septic tank men on my property. There's no need for me to have a septic tank. Mr Banks
[2:19:17] also charged me. Um, for three lifts. For them to install the windows. The first line item on
[2:19:27] his Excel spreadsheet is Windows 27,400. That is the total invoice sport price of that
[2:19:35] project. I might not know account of contracting, but I didn't know accounting, and I do
[2:19:39] understand. That that invoices to cover the full cost of that project. That's what we agreed
[2:19:45] to pick down way below. On his accounting. He starts charging for lifts, three lifts, We had
[2:19:51] two lifts, You need to double dipping. So those three lifts are an additional 1500. I don't
[2:19:57] have the breakdown for that number. Right right this moment , but he you can't charge 24,700
[2:20:06] for the window project and then stick the window. The lifts down here as additional costs When
[2:20:12] you didn't have anything to do with the rest of the house, they were all part of the windows. Um
[2:20:19] The windows still to this day have not been inspected. And that's worse. Um to me because I
[2:20:26] don't know how to get them inspected. I mean, it's I'm afraid I want them. I don't want
[2:20:31] to be held liable for that. I want them expect. I want those to be inspected and cleared. So
[2:20:36] that we can go ahead and move forward. The only activity that has taken place at my house
[2:20:42] since March 2nd was this Mr Banks sent hired a subcontractor to come in. To do Sheetrock
[2:20:46] work. Thank you, Lord Jesus. I now have walls. Do you have walls, but they don't have paint
[2:20:55] on those, and I don't have window trim on any of the a frame because those windows
[2:20:59] aren't inspected. My husband and I have started putting the house back together because We don't
[2:21:06] know when banks construction or if banks construction is going to show back up at our house,
[2:21:11] it's been two years. And it's. It's just heartening. I'm living in one room. One room the size
[2:21:21] of a hotel room. For going on 200 mean nine months. You know, I love my husband's death. But
[2:21:30] you know, we need a little space and I bought this house so that I would have space, but it's not
[2:21:35] being put back together. Um. Okay I mean, the last day that work was done in my house was
[2:21:45] march 11th. I will say, Mr Banks. I called Mr Banks are text, Mr Banks his protocol as
[2:21:52] you text him your name and phone number in your address so that he knows the project if you need
[2:21:58] to talk to him. On good Friday. Um. April 15th. I sent him a text did not expect to hear back
[2:22:06] from him because usually you don't get an answer, but he much to my shock and amazement. He
[2:22:12] called me and he's like, what do you need, And I'm like What are you gonna do with my project?
[2:22:17] It's been a month and a half. I haven't heard anything from anybody. His response to me is
[2:22:23] have somebody be in touch with you by the end of the day. The end of the day. I got an email.
[2:22:28] Five o'clock saying I'm sending somebody to your house to do your style and your master
[2:22:32] bathroom on April 25th. And I just wrote back and said that's good. The permit expires April
[2:22:40] 17th. Which was Sunday, Easter Sunday. Their response was, I'll let the permitting office no.
[2:22:47] The permit expired. They didn't get it fixed right away. As I said March 2nd, they didn't get
[2:22:55] it fixed by the expiration date of April 17th. They finally got it fixed in having new updated
[2:23:02] permanent issued April 28th, which do does include the bathrooms that need to be
[2:23:09] remodeled in the windows that were in, but the windows again have still not been inspected.
[2:23:14] Um. You know the first charge Mr Banks is on is the fraud and deceit charge. That's because
[2:23:26] We've been a year in and I started pushing and pushing and pushing to get a timeline, and I
[2:23:31] was given an excel spreadsheet that showed all the items that had to be done in the weeks
[2:23:37] we're done and Matt came to my house That was in April. Of 2000 and 20, and I showed it to him
[2:23:42] and he said, I'll have within two days. You'll have one that has states and I got one that
[2:23:47] had dates and it was the completion date on the project was August the end of August of
[2:23:52] 2000 and 21. We sold our house. We moved. We showed up. Literally. I had a U haul in the
[2:24:01] I went eight crazy Mr Banks had not done what he said he was going to do. I show up with a
[2:24:09] four bedroom U haul. Full four bedrooms worth of furniture, no place to put it trash in the
[2:24:15] floor. From where? In the house where they have demoed. There are live electrical wires that
[2:24:21] if I walk out the one room I'm hitting live electrical wires, which, frankly, I don't really
[2:24:26] think it's a good thing. And then there's mounds of dirt for me to get into. The closets to
[2:24:32] the only bedroom, the master closet. We had to walk over mounds of dirt. That's not
[2:24:37] proper care, duty and care of the responsibility of a builder. They need to be more he needs to
[2:24:43] be held accountable. It would be one thing if Mr Banks was a week a month. Two months, making some
[2:24:53] effort to complete my house. Mr Banks is not. I mean, he's got a lot of projects. I don't know
[2:25:00] the number. I don't know how to pull the report. I wanted to know how to pull the report. But
[2:25:06] I don't know how to pull how many permits he has. But he has a lot. It's nine months past the
[2:25:10] do Blake. When they started sheet rocking and actually making some progress prior to
[2:25:16] the March hearing. Mr Banks showed up at my house and he wanted to draw and I told him no
[2:25:24] , I don't have a second working toilet, for God's sakes. I'm not giving you a draw. But I gave
[2:25:28] him a draw only because he, he said, Let's make a deal and I didn't want the subcontractors
[2:25:34] to put a lien on my house, so I gave him a second. Game and draw for $12,000. So Mr Banks has the
[2:25:44] grand total of 70,000 of our money. The accounting of expenses that he gave us showed
[2:25:50] 107 is wrong. I've looked at it . I will tell you. I I'm a bank examiner for the F D. F C and
[2:26:00] have been for 36 years. I am a subject matter. Expert and fraud. I have looked at this
[2:26:05] record I have analyzed these records gives no invoices have tried to obtain the invoices so
[2:26:10] I could substantiate the numbers his c P A, who was his chief financial officer. Gave me
[2:26:17] numbers, but they don't support the 27,400 that he just showed for the Windows alone. It should
[2:26:23] 13,000 So there's some $12,000 different that I can't adjust you. Um. When Mr Banks got me to
[2:26:32] give him that draw. He gave me a text message because his contract states any adjustments
[2:26:38] has to be in writing. So I said, Put it in writing. He sent me a text message to said. Starting
[2:26:44] Monday. This was October. 18th in the documents is the very last or next to the last text
[2:26:50] message from Mr Banks that stated He would begin on Monday, October of 20. One to move
[2:26:59] forward on the right side of my house to bring it to a completion. There's two
[2:27:04] bathrooms on the right side of the house and two bedrooms. Those are not complete. Mr
[2:27:09] Banks's Cabinet man. He owned one bathroom is missing the vanities doors. In completion.
[2:27:16] And it's still missing. I have spent over $1500 buying. Things to repair the work that he has
[2:27:26] done. What do I expect from this board? I would like for you. To, um. Revoke Mr Banks's license
[2:27:36] suspended do something to stop allowing him to pray. Pray on the good citizens of this
[2:27:43] community. I mean, he's going around. He's continuing to make contract. He's making
[2:27:48] commitments and he's not hearing he's not that I want my house done. I also would request
[2:27:54] restitution. I looked at his numbers I can justify about 40,000 of his money of my 70. So
[2:28:02] there's $30,000 that I'm missing plus the 5700 that I paid towards the countertop the 1500
[2:28:10] that I paid to buy new crown molding, and she not to mention the hours of painting the hours.
[2:28:17] I'm not a contractor, but I've been painting and you know, having to listen to my husband
[2:28:23] describe everything that he wants while he's putting things together. Um You know? I think
[2:28:31] Mr Banks has been off more than he's to continue. I think he's deceitful, and he's just lying
[2:28:38] to everybody to keep to address Who's going to be the loudest One that's complaining the
[2:28:43] loudest And I respectfully request that you Provide restitution and do something to
[2:28:50] stop this. I mean, we're at 82 days. I have seven more days before I can declare
[2:28:56] abandonment. Um. Those are my prepared remarks. Well no, not really. It really didn't stick
[2:29:04] to what I was going to say anybody has any questions or comments? I'll be happy to try
[2:29:09] to address them. Thank you. Q Ms Banks. Do you have any comments? Gave it short. Keep it. To the
[2:29:17] point. Um. Miss Stone is writing a lot of things, she said. Um As far as owner project. We're
[2:29:27] still under contract, and she would like to remove us didn't understand that as far as of the
[2:29:32] accounting that was done. When I came to this initial complaint hearing and reps in reference to
[2:29:38] the four people here, um they're counting that was done. All those things done was done by my
[2:29:43] company. But it wasn't done with me and the people that did do that no longer here. So those
[2:29:48] people she stated that gave her those dates. Um did the accounting did all that? Um that
[2:29:53] wasn't done by me personally, but I'm the owner. So, um, I'll take responsibility for that. Um
[2:29:57] and reverence to the permits that wasn't pulled on the initial contract. Um our
[2:30:04] contract does state a certain start date. Um so as far as the statute I'm accused of 49 1.6
[2:30:12] subsection. That statute does state if it's agreed upon over 30 days, and that doesn't apply
[2:30:16] , which they signed that she signed the contract stadium. We will start at a later date. So
[2:30:21] therefore, that 30 days would not apply to this project in my if I'm interpreting that, that
[2:30:26] statute correctly, um as far as her project taken taking long and not getting done,
[2:30:33] Absolutely, um When I signed hers and many others I had a full staff had I was rocking and
[2:30:38] rolling. It hit the fan. I went down, so I'm here trying to get it back, right? Um, I'm not
[2:30:44] gonna make excuses, but that's where I'm at. All I gotta say home. Thank you, Mr Baker.
[2:30:50] Alright, I'm gonna go ahead and. From there. To obtain a motion with the penalty at the end of
[2:31:12] the Discussion. Tip. Motion made the second one. Ocean Ocean mate second. One second here to put
[2:31:28] the penalty phase at the end. All those in favor say Aye. Opposed. Being done Motions
[2:31:35] group. Alright, Mr Chair. As to count one, the alleged violation of a skinny counting code
[2:31:45] section 18 37 c 11. Is there a finding that Mr Banks is guilty of fraud or deceit or gross
[2:31:52] negligence? Incompetency or misconduct and the practice of contracting.
[2:32:06] In the discussion. Mhm. Entertain a motion. I'll make a motion of yes. It is. Motions
[2:32:28] made Yes. Their second. Motion made and seconded, you know, further discussion. None All
[2:32:41] those in favor say Aye opposed, like sign. Being known. The motion is decision is yes.
[2:32:48] Account, too. As to count two the alleged violation of Scandia County Code section 18 37 D 15,
[2:32:57] a Is there a finding that Mr Banks obtained permits after starting the job, but prior to
[2:33:04] completion of same and did not miss any inspections? End of discussion. It appears
[2:33:25] that you did. I make a motion that we find the respondent to be in violation of the code.
[2:33:36] Emotions. Made is their second. Motion made and second in the further discussion. Here? Yes.
[2:33:47] Understand correct that there was something special word, Miss. Sorry. Based on the record
[2:34:00] where current with our inspections other than the window and door we still have
[2:34:04] our final inspections to do and the window inspection. Okay okay . But he did start the job after
[2:34:11] he did get the permit after he started the job. Okay Motion made in Secretary Any further
[2:34:20] discussion. All those in favor say, Aye, I suppose like side being known emotion is yes.
[2:34:29] Count three as to count three, the alleged violation of a skinny county code section. 18
[2:34:35] 37 d 13. C two. Is there a finding that Mr Banks violated any provisions of Chapter 49
[2:34:41] part one Florida statutes. I make a motion. We find him not finding This is just to prove
[2:34:53] that he did find him then. Yes in violation of getting violation. Sorry. Motion made to
[2:35:01] find him in violation. Seconded. In the discussion. Big known all those in favor say Aye opposed,
[2:35:13] like sign being known. The decision is yes. Moved to penalties. Yes, sir. Mr Chair.
[2:35:23] As to count one the violation of code section 18 37 c 11. The penalty guideline for violent
[2:35:31] violating code section 18 37 c 11 is a 100 to $5000 fine and such other penalty as allowed by
[2:35:40] law. Suggest 3000. Bye. Entertain motions. Make a motion respond
[2:36:11] to be ordered to pay a fine the amount of 5000 Amount of 5000 that's correct. The motion is
[2:36:17] made. $5000 fine. Is there a 2nd 2nd? Motion made and seconded and it discussion. Ms. Chair?
[2:36:27] Yes. First of all I go. I think we went by. This was pretty fast and I didn't understand myself.
[2:36:36] And it says in such other penalty as allowed by law. I don't see. Anywhere on these
[2:36:45] other. The rest of these are just find what does that entail So and such other penalties as
[2:36:51] provided by law references, any other penalty that's within chapter 18. 37. You got it.
[2:37:01] Okay? I think Matt was going to say that includes suspension and revocation. Yes, that is correct
[2:37:11] . It's any other penalty outlined in section 18-37, subsection C and See through H.
[2:37:22] Okay, We have emotion. Be ordered to pay a fine of $5000. It's been sex. A second
[2:37:29] secretary. In a discussion. Can we add to that? With this second fees.
[2:37:52] We haven't voted. So if you want to. I just don't see in these other two accounts with any
[2:38:00] provision for any kind of probation or suspension, or Anything and. Again I go back to
[2:38:09] this feeling that there needs to be some substantial. Um. But. Getting it's down there. The
[2:38:23] first violation. That's only those are the peat violation under repeat knowledge. That's
[2:38:28] what we ran into last time, and I realized that After the fact was Previous case, and I just
[2:38:33] feel like From my perspective. I would like to see something added to it. I'm not sure what
[2:38:39] that looks like at this point, but Thanks for the correction. There is what is it? Excuse me.
[2:38:47] Don't count one. Probation or suspension or anything like that . That that is permissible on
[2:38:56] count one as Mr Lister was pointing out on counts two and three because there is no record
[2:39:01] evidence before this board. Prior violations. Um that would not be appropriate penalty for
[2:39:09] first violation. So if there were a desire to impose supplemental Probation or
[2:39:15] revocation that would need to be added on is the penalty for count. One dealt what you can't
[2:39:22] do. We can't do that is correct. With the understanding suspension can be a maximum of
[2:39:31] one year of license revocation is a minimum of one year and up to five years. Will withdraw the
[2:39:40] motion. So that we can modify The motion. If you'd like to do that. Yes, sir. Um. Torn between
[2:40:01] what levels Could be as with the chair. I agree with the $5000 from my motion would be
[2:40:11] Definitely the $5000 fine with Minimum of one year suspension suspension for one year. That
[2:40:19] minimum. Mr Lister if it were a suspension. I'm sorry, Joanne. If it were a suspension, the
[2:40:30] maximum would be one year if this board to work to revoke his certificate or his license. The
[2:40:37] minimum on a revocation is one year maximum five years. I think you want to suspension for one
[2:40:45] year. I just feel in my gut Mr Chair that there needs to be something I understand, but
[2:40:50] right now suspension for one year. And it's Miss Hampton pointed out during the previous
[2:40:57] hearing, a suspension would automatically be reinstated at the end of that. At the end of
[2:41:03] the suspension time. We have emotion. We have a second No. Abortion. You have a second
[2:41:20] Motion is $5000 fine and suspension for one year. Can I can I caution. I just want to
[2:41:26] speak frankly with the board here. I don't know if anybody here that's ever made a mistake.
[2:41:31] Not Been able to make restitution for this if we revoke his license was suspended
[2:41:38] license for one whole year. That's a long time. And. It can't work. You can't pull
[2:41:45] permits in this county. I'm not saying that. All the documentation that maybe before
[2:41:53] us upcoming in the public. Okay I'm just I'm just speaking from what you're saying. How about
[2:42:00] consideration of probation for one year? If he has any act. Can ask Counsel for clarification on
[2:42:09] listing suspension Does that mean he came Continue to work or does it mean he just connect?
[2:42:15] Pull a permit during this one year he could still stay in business? During this year. He
[2:42:22] just can't pull new permits in my correct or am I wrong? Had his and I will also differ to
[2:42:27] staff for the details, but essentially his Ability to pull permits and his ability to
[2:42:34] operate as a contractor in this county would end at the time during the term of that
[2:42:40] suspension. The difference would be probation, for example, where he could still, uh, conduct
[2:42:45] contracting activities. That's correct, Mr Chair. I would like to just touch probation. My
[2:42:52] apologies can't do probation instead of suspension, Okay, Mr Chair. His probationary period
[2:43:00] is not regular relegated to a certain time frame. That's that's to be determined by born
[2:43:04] in the ordinance, it doesn't say There's only this amount of time we can't say probation for one
[2:43:10] year. Okay we'll modify the motion to say. Among the finest $5000 in probation for one year.
[2:43:25] Have a 2nd 2nd. Motion made and secretary discussion. Being done all those in favor CI alright,
[2:43:34] opposed like sign. Being known. The motion Is made and approved. $5000 fine and probation for one
[2:43:43] year moving to count, too. Yes, sir. Chair Sorry account to the violation of code section 18 37
[2:43:52] D 15 a penalty guidelines for violating code section 18 37 D 15, a For first violation is
[2:44:00] $100 fine. We have a record of prior violations. Not with this for $100 fund. Second motion
[2:44:14] made for $100 finance secretary any further discussion. Any further discussion. All those in
[2:44:21] favor say Aye. Opposed like science. Being none. The motion is approved for $100.05 1st
[2:44:30] violation count three. As to count three the violation of code section 18 37 D 13. C to
[2:44:40] the penalty guidelines for violating code section 18 37 D 13 c two For first violation.
[2:44:47] 500 to $1000 fine. Amica motion that we. Approve the violation for $500. $1500 500 made for 500
[2:45:04] is their 2nd 2nd. Motion made and Secretary $500 fine. Discussion. Big known all those
[2:45:12] in favor, say Aye. Those like son. Signal the motion is approved for $500.05. Alright,
[2:45:21] sheriff, the deadline. Yes sir. Chair The board must also determine the respondents
[2:45:27] deadline to pay the fines imposed. 90 days. 180 days. 90 days should be sufficient. We
[2:45:37] have 90 days. That agreement. Motion to suck. Must pay within 90 days. Motion made consecutive
[2:45:49] In the discussion. Being done all those in favor say Aye. Opposed like side. Be not. The
[2:45:57] motion is approved. For 90 Day deadline to pay the fines. Alright chair the penalty for
[2:46:07] the respondents failure to comply. Uh I would suggest that we, uh The penalty for failure
[2:46:17] to comply with B. Probation to suspension. Of license. Changes. Let's see. Change it from
[2:46:28] probation to suspension. If he fails to pay within 90 days. That's the most. I need a motion
[2:46:40] put that in the motion motion made. Is there a second? Motion made and secretary didn't
[2:46:45] discussion. And just to clarify that suspension for a year. Okay. The motion is Failure to
[2:46:56] comply changes the probation to suspension. All those in favor say Aye. No likes that being
[2:47:06] done. Promotions approved. Chair staff would also request reimbursement for administrative
[2:47:14] cost for the mailings. Motion for that emotions right, adding administrative costs fines.
[2:47:21] Second Motion made in secondary any further discussion. None All those in favor say Aye, alright.
[2:47:31] Closed. Be none. Emotions are approved for adding administrative cops. Whether the
[2:47:41] board wishes to order restitution in the amount of financial loss suffered by the
[2:47:44] homeowner. Do we have an accounting for the financial loss? Documented accounting. At
[2:47:54] this time staff does not have a documented accounting. A specific number provided within
[2:48:00] the documented accounting. Uh entertain a motion to hold it to the next meeting for staff to
[2:48:07] come up with a accounting. Yes. Motion. In the motion. Have a second Sick. Motion made and
[2:48:20] seconded for the. To consider the restitution in our next meeting staff to come up with
[2:48:28] the restitution. So now the I. No boast like some The motion is approved. The board must also
[2:48:39] issue a recommendation to the construction industry Licensing board.
[2:48:53] The last time we are suggested. No further action to the licensing board. We're living up
[2:49:03] with lots of fines motion. Emotions. No further action. Is there a second? New sector.
[2:49:15] Motion made in secondary heated discussion. Being done all those in favor say Aye. Like side. We
[2:49:24] have one. The motion is approved. Which one negative. Yes sir. Mr Chair, so we'll move
[2:49:42] to item Matthew three. Matthew s banks doing business as banks Construction LLC. State
[2:49:48] registered license Number R R 28281200. Its contractor. Competency Board complaint
[2:49:56] number 2 to 0 to 16 C O M. It's in regards to Pamela Black May homeowner complainant at 12 14
[2:50:04] East Yonge Street, also within the city limits of Pensacola, Florida If you are here to
[2:50:09] provide testimony for this Hearing. If you could please stand and be sworn in. Feedback.
[2:50:16] They're standing. Yes. Truth the whole truth. From that. Yeah. Before you start reading.
[2:50:33] Recalling didn't recess. Yes, sir. 10 Minutes recess. Me.
[2:51:00] 15. Yeah. This question.
[2:52:19] I say, Mr Winters, California everything wrong? Jennifer. We color musical legend. Music's go
[2:52:35] May Give her only three minutes. Because everything's here. We don't need all that. It quickly.
[2:52:48] Okay. Next three. Okay? Well. He's gonna get He's gonna be financially impacted for sure. I
[2:53:03] hope to hell. He learned some. Okay I know I don't get you out here. Yes ma'am. A recently it's. No she's actually in with me
[2:53:34] for about 2 to 3 years, but turnout says out I just feel like Yeah.
[2:54:23] Select what you're doing. Thank you. Makes it a lot easier. Again. Is make sure you get it.
[2:54:46] Everybody Everybody's saying. Body correct many years. Seven down. Help.
[2:55:51] Greece. So what was, he said? About the boat. I'm serious. Select yourself. Meetups. Feel.
[2:56:47] When I asked you like, but. Radical, but they got me. Hahaha. Talked about it a long
[2:57:11] time. Green blues brews. Bruce. Heartbroken.
[2:57:56] Spring Street, bruising bruising. We had to hear. We understood the question. Yeah.
[2:58:21] Whatever that girl kicking your coverage already? Yeah. Okay, let's get him. Last time. Yeah.
[2:58:39] Up in there, you know, just just Well when I knew that custom. There. Give them all this. How
[2:59:00] would you was up on technology man? What Yahoo! You call it that Britain that from the
[2:59:10] county or you doing, Secretary Go. Because of the poet requisition. I deal with 500
[2:59:17] pages printed out because. Rooms of city. This makes a bigger impact. That's right here. I got
[2:59:35] a point there. It's how marriage everything. Little salad Mayor Ashton. He would There was a
[2:59:44] stack of them. That's it Creation English. Up here. I'm pretty sure he's not. Yeah. Yeah
[3:00:01] They already knew what had natural the natural department. Hmm. Mm hmm. Contract. Seaboard
[3:00:14] is back in session. June 1st. Yes sir. Chair just to, um, bring everybody back up to speed
[3:00:25] . I'm about to read the administrative complaint for case number 2 to 0 to 16. C O M.
[3:00:32] Alright responding to state registered residential contractor having been issued
[3:00:36] license number or R 28281200. License in Escambia County, Florida Respondents address of
[3:00:45] record is 10370. Pensacola Boulevard. Pensacola, Florida 3 to 534. Respondent is subject to
[3:00:53] regulation by the board. Pamela Black may hired the respondent to repair her residence located
[3:00:58] at 12 14 East, Yonge Street. Pensacola, Florida 3 to 503. Homeowner executed a residential
[3:01:05] construction contract on December 20th 2020 for a total repair price of $31,900. On the
[3:01:13] following day, December 21st 2020 how many are paid to the respondent and initial payment
[3:01:18] of $14,400? Respondent commence work on the residents and mid April 2021. Responded Obtained
[3:01:28] Subcontractor D roofing to complete the re roofing portion of the contract and D A C
[3:01:34] roofing obtained a re roof permit from the city of Pensacola Building inspections
[3:01:38] department. Roofing and form respondent that the re roof could not occur until the
[3:01:44] trusses were repaired. On June 4th 2021 respondent applied for a trust repair permit and the
[3:01:49] city of Pensacola Building inspections Department issued the permit on July 15th 2021.
[3:01:55] Premier Inspection of the trust repair occurred on August 3rd 2021. Yes the roofing reinstated
[3:02:02] the expired re roof permit on August 26 2021. The re roofing passed inspection on September
[3:02:08] 1st 2021. Following continual delays and October 2021 from under filed a complaint against
[3:02:15] respondent with the state of Florida Department of Business and Professional Regulation. TVR
[3:02:20] forwarded the complaint to this board notice. Probable cause hearing was sent to the
[3:02:25] respondent at his address of record via Certified mail and return receipt requested.
[3:02:29] Respondent attended the probable cause hearing on March 2nd 2022. At a probable cause. Hearing the
[3:02:35] board heard testimony from Escambia County Building Services Department staff, the
[3:02:40] city of Pensacola building official the homeowner and the respondent. The board also
[3:02:46] considered documentary evidence pertinent to the issues. The testimony and evidence showed
[3:02:51] that homeowner hired the respondent to repair hurricane damage to her residents.
[3:02:54] Homeowner provided the down payment to respond. And on December 21st 2020. Respondent
[3:03:00] commenced work in April, 21 respondent obtained permitting for the project on July 2021 as
[3:03:07] of the date of the probable cause hearing responded, had not scheduled or obtained final
[3:03:11] inspection for the project. The board determined that there was probable cause to believe
[3:03:16] respondent violated a skinny county code section 18 37 D 15 B. And Florida statute. 49 1 26
[3:03:23] to a one Skinny county code section 18 37 D 15 B provides that a code violation from a
[3:03:31] failure of to obtain inspection. Penalty guidelines for violating code section 18 37 D 15. B. $250
[3:03:38] fine. Responded violated a skinny county code section 18 37 D 15. B by failing to obtain the
[3:03:48] required final inspection as of the date of the march 2nd 2022 probable cause hearing. Escambia
[3:03:54] County Code section 18 37 d 13 c two provides that a code violation results from violation
[3:04:00] of any provisions of Chapter 49 part one Florida statutes as amended. Florida statute. 49 1
[3:04:07] 26 to 82 provides a contractor who receives as initial payment money totaling more than 10% of
[3:04:14] the contract price for repair, restoration, improvement or construction. Two residential
[3:04:18] real property must start the work within 90 days after the date of all necessary permits
[3:04:24] for work, if any, are issued. The penalty guidelines for violating Scampi County Code
[3:04:29] section 18 37 D 13. C two For the first violation of 500 100 to $1000 fine. Respondent
[3:04:37] violated for a statute 49 1 26 to 82 by failing to commence work on the project within 90
[3:04:43] days after the issuance of the required permit. Accordingly responded violated its skinny
[3:04:48] county code section 18 37 D 13. C two by violating four statute 49 1 26 to 8 to. Ah! Miss Pamela
[3:05:04] May Yeah.
[3:05:21] I do accept Yes, it is. No objections. No objections. I'm I'm gonna be really, really
[3:05:32] short. Um, I came in here March 2nd for the last hearing. Um he had, um, on April 29th. He had a
[3:05:40] guy to come by to look at my door. Um they read, they decided that the door needed to be
[3:05:46] replaced. He went to Home Depot and Lowe's. The door was not in stock. He was going to order the
[3:05:54] door and I haven't heard anything else from them Since that time. Yes, sir. I accept as
[3:05:58] presented yes. Thank you.
[3:06:47] Yes, sir. Mr Chair. As to count one, the alleged violation of a skinny county code section 18 37
[3:06:56] d 15 b. Is there a finding that Mr Banks failed to obtain an inspection?
[3:07:14] Motion is yes. Yes. Discussion. Being done all those in favor say Aye. Alright like sign did
[3:07:31] none. The motion Of yes is approved. Scout to account to the alleged violation of a
[3:07:40] skinny county code section 18 37 D 13. C two. Is there a finding that Mr Banks violated any
[3:07:48] provisions of Chapter 49 part one Florida statutes? That covers the. Bit of fermenting
[3:07:57] after 90 days. Is there a motion? Yes. Motion Yes. Is there a 2nd 2nd made consecutive
[3:08:10] in the discussion. Big done All those in favor say Aye pose like son. The motion of yes is
[3:08:18] approved. To move into the penalty face. Yes, sir. As to count one. The violation of code
[3:08:31] section 18 37 D 15 B. The penalty guidelines. For violating code section 18 37 D
[3:08:39] 15 B. For a first violation. $250 fine. Is this not his second violation. Matt.
[3:08:57] Apologies during do not believe the 15 B was on the prior. I don't believe you. 15 V was a
[3:09:05] prior account accounting the prior case. This would record evidence for the sport would be
[3:09:11] that it was the first violation, okay? First violation only. Motion for $250. Emotionally.
[3:09:21] $250 fine. Second Help me. As they suspension also in here on this one. No, sir. With this
[3:09:36] being his first violation, it is only the $250 150 Dollar fund. Emotions made for him to pay
[3:09:45] $250 fine and their second In the discussion. Big nut. All those in favor say Aye, alright,
[3:09:53] opposed like son. Motion to pay a fine of $250 is approved. Count two as to count two. The
[3:10:04] violation of code section 18 37 D 13 c to the penalty guidelines for violating code section 18
[3:10:10] 37. D 13. C two First violation . $502,000 fine. Repeat violation 1000 to $5000 fine and
[3:10:21] suspension or revocation. I think this is a second violation. Mr Chairman based on
[3:10:40] the This board's findings in the prior case, which is case 2 to 0 to 13. C O M. This board can
[3:10:50] take what amounts to judicial notice and find that Because it didn't find Mr Banks guilty of
[3:10:57] that prior violation that that would count towards, um Repeat violation violation. Yes, okay.
[3:11:06] So in this case, we can consider repeat violation. Which is 1000 to $5000 fine suspension and
[3:11:12] replication. Motion for $1500.05. In its suspension. No. No suspension. He already has
[3:11:34] one so Motion made consecutive. He didn't discussion checking his approbation suspension. He
[3:11:44] has probation. Yes pension. But if he fails to pay his fine, it goes to suspension. Any further
[3:11:53] discussion. Picking on all those in favor. Say Aye, those like son being done. The motion for a
[3:12:03] $1500 fine is approved. Yes, sir. Mr Chair, so the board must also determine the following the
[3:12:10] respondents deadline to pay the fines imposed. Bonnet for 90 days to pay the fine. Motion
[3:12:20] made deserves 2nd 2nd motion mining sector. All those in favor say Aye. Proposed like son
[3:12:29] being known. 90 days. Failure to pay Is approved. The penalty for respondents failure to comply.
[3:12:43] If he fails to comply. He's already in a suspension mode or he's got a probation mode. Mm.
[3:12:53] I'm not sure it's necessary to Would it be? To have a penalty at this phase. I guess I don't
[3:13:04] understand. The question of your question is We have to have a penalties for his failure to
[3:13:10] comply within the 90 days, paying the fine it's not required to have it's not
[3:13:15] required since he already has one. In effect, Yes, that is correct. It's more of an
[3:13:20] incentive. Friend to comply. So we do not have to have. Any penalty. At this time. Maybe
[3:13:33] another one later. Mm. Is there any restitution? Requested there was there was nothing requested
[3:13:46] from Miss May at staff would request that the administrative costs be reimbursed, okay?
[3:13:53] Entertain the version that administrative costs. To the phone. Is the 2nd 2nd motion.
[3:14:02] Amazing Secretary. They had administrative costs five. All those in favor say Aye, alright,
[3:14:08] opposed like son. Being known. The motions approved administrative costs. Uh and
[3:14:14] then excuse me. We did We closed out. I'm not sure that we closed out out of two D. The penalty
[3:14:23] for We didn't. We didn't vote on it and I know as well. I'm getting back to if the prior
[3:14:32] case was appealed and won with this Then that would. Would need to be stipulated in this order
[3:14:41] as well, I think Okay, if we're going to reconsider that What penalty can we have? It would be
[3:14:50] this. My motion is to make it a one year suspension for non not for failure to comply. Can we do
[3:14:57] for this case? Yes I do not see an issue with that. Okay let's go back and reconsider the
[3:15:04] penalty. For the respondent fighter to comply with his painting and fine. Motion to
[3:15:10] Suspended for one year. Yes, failure. The second. Motion made and seconded to suspend his
[3:15:21] license for one year. Or failing for you to find. All those in favor say Aye. Alright, like
[3:15:29] son. Would Negative one negative. It's approved with one negative folks. Construction
[3:15:42] industry licensing board.
[3:16:02] Trying to figure out what we could do the choices again to recommend so. Your option
[3:16:08] construction license industry, Uh, industry licensing board. But no further action or
[3:16:14] recommendations for suspension, revocation or restriction of the registration. And we also put in
[3:16:23] their suspension so that that is one of your options, along with the No further actions.
[3:16:28] Suspension revocation restriction of the registration, which would be a probation. Or a
[3:16:33] fine to be levied by the CIA will be I suggest we advise the C L B, uh, recommend probation
[3:16:43] for appeared one year. Discussion. Did they get a. Or actions do they get a resend it
[3:16:55] to them? Yeah What's going on with his license? Yes sir. Mr Bachelor. So our findings with
[3:17:04] backup documentation is sent to the C. I'll be, um They take that case, review it and then
[3:17:11] make their determination. Our recommendation is solely advisement to them on what we
[3:17:16] think they should do. We could continue which is nowhere further action and let them The
[3:17:23] what we've done. Entertaining motion for no further action. Is there a second? Motion made and
[3:17:39] secretary then the discussion. I mean, they can take action on their own based on what we've
[3:17:46] done. No further discussion. All those in favor say, Aye. Proposed. Motion passes with no
[3:17:58] further action to the C L B. Our next item is Matthew s banks doing business as banks
[3:18:07] Construction LLC, state registered license number or 28281200. Contractor Competency
[3:18:16] Board complaint number 2 to 0 to 14 C O M. It's in regard to Michelle Hambleton Homeowner
[3:18:22] complainant at 12, 41 East Kingsville Road Cantonment, Florida. Before we swear them
[3:18:28] in. I just wanted to thank Mr Bill be the city building official. I know he probably has
[3:18:32] other stuff he needs to do. And these two don't really Apply to the city. Um complaints not on
[3:18:39] screen. Right Or if you are here to provide testimony on this item, if you could please stand
[3:18:45] and be sworn in. Yes, ma'am. Alright. So again respondent as a state registered residential
[3:19:06] contractor, having been issued license number or 28281200, licensed in Escambia County,
[3:19:12] Florida. Respondents address of record is 10370. Pensacola Boulevard. Pensacola Florida 3
[3:19:21] to 534 respondent is subject to regulation by the board. Michelle Hamilton's hired the
[3:19:26] respondent to renovate her garage located at 12 41, East Kings Field Road Cantonment,
[3:19:32] Florida 3 to 533 homeowner executed the residential construction contract on
[3:19:38] February 20th 2021 for a total renovation price. Of $48,250 on the same day homeowner paid to
[3:19:48] responded an initial payment of $24,125. The contract provided a start date of June. 21st 2021
[3:19:56] respondent obtained a permit on August 6th 2021. On December 6th 2021 after no work had begun.
[3:20:04] Homeowner contacted respondent and canceled the contract Homeowner requested that the
[3:20:10] respondent return half of the homeowners $24,125 received for the project. Responded did not
[3:20:18] return the requested half of the deposit notice of the problem cause hearing was sent to the
[3:20:24] respondent at his address of record via Certified Mail. Rivers Return receipt requested.
[3:20:30] Respondent attended the probable cause hearing on March 2nd 2022 at the probable cause hearing,
[3:20:36] the board heard testimony from Escambia County Building Services Department staff, the
[3:20:39] homeowner and the respondent. The board also considered documentary evidence pertinent
[3:20:44] to the issues. The testimony and evidence showed that the homeowner hired the respondent
[3:20:49] to renovate her garage. The homeowner provided a down payment to the respondent on
[3:20:53] February 20th 2021. The respondent obtained permitting for the project on August 6th
[3:21:00] 2021, the homeowner canceled her contract with the respondent on December 6th 2021 after no work
[3:21:06] had commenced. The board determined that there was probable cause to believe that
[3:21:11] the respondent violated Florida statute 49 1 26 to 81. And Florida statute for 89 1 26 to 8
[3:21:18] to. The skinny county code section 18 37 d 13 c two provides that a code violation
[3:21:27] results from violation of any provisions of chapter 49 pork. One Florida statutes as amended.
[3:21:34] Florida statutes 49 1 26 to a one Provides that a contractor who receives as initial payment
[3:21:41] money totaling more than 10% of the contract price for repair, restoration, improvement or
[3:21:46] construction to residential real property. Must apply for permits necessary to do work within 30
[3:21:52] days after the date payment is made. Penalty guidelines for violating, uh skinny county code
[3:21:59] section 18 37 D 13 c two are as follows for a first violation of $500,000 fine. And Ah, we have
[3:22:10] the additional repeat violation later on and Are. In our aid for you guys responded, Violated for
[3:22:18] a statute 49 1 26 to a one by applying for appropriate permitting 166 days after
[3:22:25] receiving the initial payment from the homeowners. Accordingly Respondent violated Escambia
[3:22:31] County Code section 18 37 D 13. C two by violating for a statute 49 1 26 to a one A scary
[3:22:38] chemicals. Section 18 37 d 13 c two provides that a code violation results from violation
[3:22:47] of any provisions of Chapter 49 part one Florida statutes as amended. Porta Statutes 49 1 26
[3:22:55] to 82 provides that a contractor who receives as initial payment money totaling more than 10. Of
[3:23:01] the contract price for repair, restoration improvement or construction to residential real
[3:23:05] property must start the work within 90 days after the date all necessary permits for work,
[3:23:10] if any, are issued. Ah the penalty guidelines again for violating section 18 37 d 13 c
[3:23:21] two for first violation is $502,000 fine. And then. Repeat violation is 1000 to $5000 fine
[3:23:31] and suspension or revocation. Uh respondent violated for statutes 49 1 26 to 82 by failing to
[3:23:38] commence work on the project within 90 days after the issuance of the required permit
[3:23:43] accordingly responded violated Escambia County Code section 18 30 70 13 c two by violating
[3:23:51] Florida statute for 89 1 26 to 8 to. Michelle. Hambleton. I'm going to ask if you would accept
[3:24:08] the reading of the complaint. I would, but I also want to add something after the hearing last
[3:24:15] hearing, Mr Banks Um Want agreed to pay me. The half of the deposit back so he offered 3000
[3:24:25] week for four weeks, Um, on two occasions in writing, but we've never received any of that back.
[3:24:34] Also, I would just like to add that Letting him keep his license is not is no longer
[3:24:41] letting him do work to pay people back are complete work. He's he's not working. He's just
[3:24:45] taking people's money and not working. And I came up here last time, and I told him I didn't
[3:24:52] want to do this. He has a family, but he is at this point destroying families because this
[3:24:56] is people's hard earned money. And we're just out and there's a lot of people back here who want
[3:25:04] to say the same thing and it's it is a pattern. Um, I think that To be mentioned that if you
[3:25:11] see a pattern, there's obviously a pattern. And I have at this point. I have nothing to lose. I
[3:25:18] doubt I'm going to make any of that money back. Okay? But I don't think anybody else seems
[3:25:24] to be damaged by him. Okay Yep. So obviously You know, Miss Hamilton and other people are in
[3:25:42] here aren't all my clients. So we're all working complete. Probably 2 to 3 Clark two or
[3:25:48] three projects a week. Um just sitting in this room alone. I've got over 20 messages from
[3:25:52] clients wishing me the best. Obviously, I do need to work to pay these people back. And there
[3:25:57] has been 14. People paid back on record that I could prove to the county in full in the last six
[3:26:04] months. It's not easy. I could easily walk away. Claim bankruptcy did with the criminal
[3:26:10] procedure. It took my tail and run, but I'm not doing that. So regardless of what happens here
[3:26:15] today, I've been working since I was 16 years old. I'm gonna work after this hearing. Whether
[3:26:19] that's where the license or doing sub work without a license , But I'm gonna provide for my
[3:26:23] family and I'm gonna try to pay these people back so they can continue to bash me all over
[3:26:29] town and do what they want to do. It's not gonna stop me at work. Mr Chair. Is this
[3:26:37] appropriate time to ask a question? Before we get into the I, uh. Kind of took it on
[3:26:45] myself, too. Because I'm wouldn't here at these other meetings. And. In the last few
[3:26:57] weeks, Mr Banks has opened up to new L. L. C s In the state of Florida. Two sunbiz .org That is
[3:27:08] a big, big flag. I have. I don't want to have any business a long time. And I've seen a lot of
[3:27:21] stuff. I'm not perfect by any means. But This kind of stuff. Is a real indicator of somebody
[3:27:27] who's ready to Shut one business down the store up another one. And. That's that's a big, big
[3:27:37] flag. But I think this board needs to know about Um, last stumble across. But the pattern
[3:27:46] of that is something that. I think we really need to take some serious looks at that.
[3:27:56] Yeah, Come here. So. Mr Lister doubt you stumbled upon its all over social media. So I promise
[3:28:07] I have never seen on Social media companies speaking to three t construction, um have
[3:28:12] actually four kids with the name T at the time. I had three. So the other person on that company
[3:28:20] is John Cree. I come from a Cabinet background. So me and John Creed who everybody knows
[3:28:25] this smoke. That's his real name. We're going to start installing cabinets for legacy
[3:28:29] cabinetry where I started to make extra money to pay people back. When I started three t, I
[3:28:34] realized I got four kids with the last name T. So I changed it to 40. So the new one that came
[3:28:41] out is probably 42 construction, and it's gonna be a Cabinet installation company because
[3:28:43] that's what I do. I'll do it on the side. So that's where that company is coming from. It will
[3:28:48] not be a registered. It will not be a qualified Mr Biggs. I wanna make clear. I have not seen
[3:28:54] anything on social media hardly even do any social media old guy and I didn't know that I've
[3:29:00] found this myself on sunbiz .org. And that's the reason why it's a flag me because I was not
[3:29:08] here. Those previous means some kind of catching up to find out who you are. I didn't even know
[3:29:12] he stays the first time I've ever seen you, Ron Small, the seldom for legacy rise to work
[3:29:17] hand in my office. And one of Cabinet scholars. So my other ex employee who want to start his
[3:29:22] own business. Everybody knows miss smoke. That's who John Cree is on that company. I was going
[3:29:27] to start it with him so we can install cabinets. On the side. That's what company Okay?
[3:30:01] As to count one, the alleged violation of a scheme beginning code section 18 37. D 13. C two.
[3:30:09] Is there a finding that Mr Banks violated any provisions of chapter 49 part one of the
[3:30:14] Florida statutes? And turn the motion. Yes. Huh? You made the motion. But, you know, I said, I
[3:30:40] would entertain a motion motion for years. Motion made for Yes. Is there a second? Second.
[3:30:50] Mostly made and seconded any discussion. Being done all those in favor say Aye. Alright, like
[3:30:57] sign. Being done. Motion is for Yes. To count to account to the alleged violation of ischemia
[3:31:08] County Code section 18 37 D 13. C two. Is there a finding that Mr Banks violated any provisions
[3:31:15] of chapter 49 part one of the Florida statute? Entertain a motion for yes. Motion for yes.
[3:31:31] Motion. Yes, is their second Motion made and seconded any discussion. Being done all those
[3:31:40] in favor say Aye, right opposed like sign. Being none. Yes, sir . The motion is for yes. Your
[3:31:49] move into the penalty phase? Yes sir. As to count one the violation of code section 18 37
[3:31:55] D 13 c two The penalty guidelines for violating code section 18 37 D 13. C two Um,
[3:32:05] first violation is $502,000 fine . Repeat violation is 1000 to $5000 fine and suspension or
[3:32:11] revocation. Yes Yes. This board can take what amounts did judicial notice that it is
[3:32:25] previously found the respondent guilty of 18 37 d 13 c two in case 2020 repeat violations Yes
[3:32:37] , and the two prior cases that were heard today. This quirk and Excuse me this board Can take
[3:32:42] notice of that. Prior violations. Okay so repeat violations so you have 1000 to
[3:32:52] $5000 fine. And suspension or replication. Can we make it the same time? Can we make it the
[3:33:05] same thing? As the previous cases. PS record of that. You're Being P s case was a $1500 fine.
[3:33:19] Previous with $1500. You wanna make it 15? And suspension. License. Right? That's it.
[3:33:45] You're making. Any other. Motion made and seconded $1500 fine. All those in favor say Aye. No
[3:34:12] opposed. Has had it $1500 fine move from account to account to the violation of code section 18
[3:34:23] 37 D 13 c two Uh, penalty guidelines for violating code section 18 37 D 13 c two first
[3:34:32] violation of $502,000 fine repeated violation 1000 to $5000 fine and suspension or
[3:34:37] Revocation. To the same violation. Different sport, a statute referenced statue. You
[3:34:57] have $1000. Second Second. Motion made and seconded for $1000 fine. In the discussion.
[3:35:17] We've done all those in favor say Aye. I oppose, like science. None of motion passes for $1000
[3:35:25] fine count, too. Responders deadline to page 90 days. To pay. Motion motion 90 days
[3:35:38] motion 90 days to pay Second. Ocean maiden safety. Somebody. If you got him for the motion,
[3:35:50] then I seconded. All those in favor say Aye. By those like sign. Motion passes for 90 days
[3:36:00] to pay the penalty for administration fees. Oh, yeah Motion administration needs to
[3:36:05] be added. Is there a 2nd 2nd? Motion made and seconded any further discussion being known
[3:36:13] All those in favor say, Aye. Opposed, like sign. Administrative fees are added.
[3:36:21] The penalty for failure to comply. For them. Further back. No play you two penalty apply.
[3:36:33] Suspension. We have suspension. For one year for one year for one year. For failure to comply.
[3:36:44] Pension for one year, but I used to comply is their emotional Suspension. Have emotions, but
[3:36:55] this their second Second motion made in the second. All those in favor say Aye opposed, like
[3:37:04] sign. Being done. The motion passes suspension. One year complaint and your
[3:37:14] recommendation to the C i O B. License. Um, Mr Lister, we didn't. There is no restitution
[3:37:31] . Well that's not the case. She wants her to reimbursed. Kurt. 50% Yes, She's nodding her head.
[3:37:40] Yes, from them. Yes, we need to consider that. That. Baits should restore 50% are for down
[3:37:52] payment. That correct. Fit for Cindy, your down payment. You have that number. Proof of down
[3:38:06] payment. There's her proof of down payment payment. So 50% of $24,125 to be paid within 90
[3:38:13] days. And that was perfect Contract. Correct? Yes. Is that correct, ma'am. That was pretty
[3:38:21] contract. Your contracts say that you would be. Ms Hampson if you can come up to the podium.
[3:38:36] Is just what we agreed on. When we canceled the contract. That was your contract Price 24,000.
[3:38:45] That's half of the contract price. But you get you want 50% back? Yes And he did agree to
[3:38:51] pay that, but has not okay. Everybody straight on that. This is resting. This is to be paid
[3:39:02] within the 90 days to. Is that correct? Correct She's requesting half of the down
[3:39:11] payment amount. This is the check for the down payment. Okay? Over straight on that
[3:39:16] motion. Half of $24,125. To be given to her within 90 days. All those in favor. Say Aye. Can we
[3:39:33] hear from counsel on that about that? I do not have a concern with that at this point in time.
[3:39:42] Believe there is confidence substantial evidence to support the rest of the eye. Closed.
[3:39:49] Donald motion passes down payment to be paid within 90 days. No further action to the
[3:39:55] G. I. L B. To be clear. The restitution amount is half of that. Which is what I said was
[3:40:06] half its $24,062.50. All right. I'm ready for the last one. Yes, sir. Mr Chairman, I was making
[3:40:21] that notation on that problem. The I don't is Matthew, thanks doing business as Construction
[3:40:30] LLC State registered license number or R 28812. Contractor Competency Board complaint
[3:40:39] number 2 to 0 to 15 C O M. It's in regards to Michael Couture. Um homeowner complainant at 9951
[3:40:48] Lindell Drive to Florida. If you're going to provide testimony on the case, if you
[3:40:54] could please stand and be sworn in. Alright. So again responded , is the state registered
[3:41:11] residential contractor having been issued license number R R 282812001 in a skinny county,
[3:41:17] Florida? Respondents address of record is 10370 Pensacola Boulevard. It's called Florida.
[3:41:26] 3 to 534 responded, is subject to regulation by the board. Michael Pandora hired the
[3:41:33] respondent to repair his residence located at 9951 Lindell Drive. Pensacola Florida
[3:41:40] 3 to 5 to six homeowner executed the residential construction contract on December 23rd 2020.
[3:41:47] For a total repair price of $26,400. On the point day December 24th 2020 homeowner
[3:41:54] paint to the respondent an initial payment of $13,200 contract provided a start date
[3:42:01] of June 21st 2021 Respondent obtained a permit on September 14th 2021. After several delays
[3:42:09] and no completed project homeowner filed a complaint against respondent with the
[3:42:13] board. Notice of the probable cause hearing was sent to the respondent at his address of
[3:42:18] record via certified mail with return receipt requested. Respondent attended the problem
[3:42:23] cause hearing on March 2nd 2022. At the probable cause hearing, the board heard testimony from
[3:42:29] Escambia County Building Services Department staff, the homeowner and the respondent.
[3:42:34] The board also considered documentary evidence pertinent to the issues. The testimony and
[3:42:39] evidence showed that the homeowner hired the respondent to repair hurricane damage to
[3:42:43] his home. The homeowner provided a down payment to the respondent on December 24th 2020. The
[3:42:49] respondent obtained permitting for the project on September 20th September 14th 2021 Sorry.
[3:42:57] There were continual delays in the project commenced more than nine months after the homeowner
[3:43:01] made the initial down payment. The project remains incomplete and no final inspection has
[3:43:06] incurred. The board determined that there was probable cause to believe that the respondent
[3:43:11] violated Florida statutes for 89 1 26 to 8. And for 91 26 to 8 to. Petitioner Really, Uh, sorry. Escambia County Code section 18
[3:43:26] 37 d 13 c two provides that a code violation results from violation of any provisions of
[3:43:33] Chapter 4 89 part one Florida statutes as amended. Florida statute. 49 1 26 to a one
[3:43:40] provides that a contractor who receives as initial payment money totaling more Than 10% of
[3:43:46] the contract price for repair, restoration improvement or construction to residential real
[3:43:52] property must apply for permits necessary to do work within 30. Days of the date payment is
[3:43:59] made. Respondent violated Florida Statute 49 1 26 to a one by applying for appropriate
[3:44:07] permitting 264 days after receiving the initial payment from the homeowner. Accordingly
[3:44:13] Respondent violating Scampi County Code section 18 37 D 13. C two by violating Florida
[3:44:20] statute for 89 1 26 to a one A skinny county code section 18 37 d 13 c two provides that a code
[3:44:28] violation results from violation of any provisions of Chapter 49 part one Florida statutes as
[3:44:34] amended. Florida statute 49 1 26 to 82 provides a contractor who receives as initial payment
[3:44:42] money totaling more than 10% of the contract prize for repair. Restoration improvement or
[3:44:48] construction. Residential real property must start the work within 90 days after the date
[3:44:54] all necessary permits for work, if any, are issues. Respondent violated Florida statute 49 1 26
[3:45:02] to 82 by failing to convince work on the project within 90 days after the issuance of the
[3:45:07] required permits. Accordingly responded violated Escambia County Code section 18 37. D 13
[3:45:13] . C two by violating Florida State 49 1 26 to a two. Mr Culture. If you have something
[3:45:35] else you would like to add. I have a point of clarification. Our contract start date in the
[3:45:41] paperwork is listed as June 21st . It actually was April 1st of 2021. You get that? And then if
[3:45:51] I may I just have a quick thing to add. I would like to echo what Miss Hambleton said. Um And
[3:45:59] I didn't want this either. I was hopeful that when we came here today, my job would be completed
[3:46:04] and I would ask you to go easy on this guy. But that's not the case. Um by allowing him to
[3:46:09] continue to take contracts. He's taking money from people and he's not doing what he needs to
[3:46:14] be doing. Mhm. That's an ethical it's wrong. You can make a recommendation to the clb. That
[3:46:25] he had his license either suspended revoked as strongly urge you to do that. Really?
[3:46:45] Yes, Mr Chairman doing that it was there. Any request for restitution involved in this one
[3:46:51] as well or No restitution. Okay? Mr Chairman, if I could just clarify for record purposes that
[3:47:04] respondent has the opportunity to board on this case and has denied. For the record, he's
[3:47:13] nodding his head. Yes. Thank you, John. All right, sir. As to count one, the alleged violation
[3:47:23] of skinny county code section 18 37 d 13. C two. Is there a finding that Mr Bank violated
[3:47:29] any provisions of chapter 4 89 part Florida statute? Potato motion of yes. Motion for yes.
[3:47:42] Motion made and seconded any discussion. No discussion. All those in favor say Aye opposed,
[3:47:51] like sign. Motion approved is yes. As to count two the alleged violation of a skinny county
[3:48:01] code section 8 37 d 13. C two. Is there a finding that Mr Banks violated again? Any provisions
[3:48:08] Chapter 49, part one Florida statutes. Mostly made of Yes, sir. Second Second motion made
[3:48:17] and seconded. All those in favor say Aye, alright, opposed, like sign being none. The motion is
[3:48:26] approved of yes. Moved Berries. As to count one. The violation of code section 18 37 D 13. C
[3:48:36] two Penalty guidelines first violation. $500,000 Fine, repeat violation 1000 to $5000 fine and
[3:48:44] suspension or revocation.
[3:49:02] Doing fine. Is this a repeat violation to repeat violation. What was our last finding? I
[3:49:21] think we did 1500 on the less than the last. Yourself. 1500 last one. I think
[3:49:38] we'll do more than this. Suggest 3000. Honest 2500. To make that emotion. 0.500. And its
[3:50:00] suspension replication. Motion in a second. All those in favor say Aye. Opposed. I know. One
[3:50:18] opposed. There's going to be suspension. We've got him already for suspension and
[3:50:27] suspension, probation. We don't have any suspension. We have suspension is a penalty. If you
[3:50:33] don't pay. The fees you gotta do is pay the fee and this saga continues. We can't handle it
[3:50:39] with a recommendation to the clb. Okay. Thank you, sir. So the motion on floor is for
[3:50:47] $2500.05. All those in favor say Aye. Opposed. Big notes. Motions approved for 2500 and five count
[3:50:59] 12 count to the violation of code section 18 37 D 13. C two The penalty guidelines are for
[3:51:08] first violation. $502,000 Fine, repeat violation 1000 to $5000 fine and suspension or
[3:51:14] revocation. I suggested $2500 on this. Most inmates for $2500. Your second. Second might
[3:51:33] dissected. In a discussion. Being done all those in favor say Aye. I opposed, like sign.
[3:51:44] Being none. The motion for $2500 fine is approved. To entertain a motion must be paid within 90
[3:51:53] days. Motion for 90 days, not. Second motion made put 90 days if not paid suspension for one
[3:52:11] year. Okay? Most invading seconded all those in favor say Aye. I like science. Being not
[3:52:23] the motion for 90 days, and it's not paid to suspension for one year. Prove Staff would
[3:52:29] administrative costs to be reimbursed. Okay Amazing. Sacred for administrative cost second
[3:52:39] consecutive All those in favor say aye time. No motion for administration cost it cost to
[3:52:49] be added. Is approved. And now your recommendation to the C i. A L B is a recommendation of
[3:52:59] revocation of license. Motion or second. Did you make a motion? Mr Was that true emotions you
[3:53:14] do? I will make a motion. To the recommendation to the C i. L B is revocation. Or suspension.
[3:53:26] Well, it's either one or the other. It's not both. I think you can make a recommendation.
[3:53:42] For To consider one or the other. You can't. That's this. I'm saying you can't do
[3:53:47] suspension or revocation. You can do suspension replication, but okay. I thought it was a
[3:53:54] recommendation. They have to make the decision. So just for clarification. Your
[3:54:00] recommendation for the C C i l B is advised on how you feel they should take action can be for
[3:54:06] either or not both. That's what I'm saying. You can't do both. You do one or the other of them.
[3:54:13] So Let's make a recommendation. Two or we can have them issue a fine Or a combination thereof.
[3:54:32] There's all detailed so I would recommend the suspension was chair, okay recommendation of
[3:54:38] the suspension for how long? Minimum one year, Okay recommendations for suspension.
[3:54:46] For one year. Flex. Discussion. Go ahead. And we want to suspend them and not don't know how many
[3:54:59] projects he's got going on. We're gonna leave people hanging. Oh, he's made a lot of
[3:55:02] mistakes. But he suspended he can't operate. So if the state where to take the action of
[3:55:15] suspension against his license, his registration Ultimately that suspends any. Jurisdiction of
[3:55:22] where he has that license held at so, uh, it definitely would be a skinny counting. I know
[3:55:29] that he works in the city, as evidenced by cases. Other jurisdictions. We've just given
[3:55:34] him 90 days. Before we were gonna suspend his license and never going to give the
[3:55:41] recommendation to the state that they immediately suspend his license. It doesn't make sense.
[3:55:45] We were going to do that. We should have done that already. That's my personal look. That's
[3:55:49] my personal belief about that. Matt, can you have any kind of. Structure of that. Here's here's
[3:55:57] something else. Councilor says restriction of registration Happy. Can we restrict his
[3:56:07] Registration. Two for two staff on that they're more lb. Restriction of registration
[3:56:19] would be that you could require Mr Banks to do more continuing education. Not be able to pull
[3:56:27] permits within a specific jurisdiction. Um uh, probationary period time. That
[3:56:34] would be what you would say to the C, i l b Hey. This is what we want. Okay within his
[3:56:41] restriction of his registration discussion phrase. Registration of restriction of registration.
[3:56:47] We could say he's not permitted to pull any new permits. I agree . John completed that idea. Job
[3:57:00] You restrict him for pulling any new permits. Until either committed completed the ones
[3:57:08] that are We could ask them to do that. I would need to confirm with the C I O b that that that
[3:57:18] is part of that restriction Me and the building official Tim Tolbert. We're just talking and,
[3:57:21] um We? He feels that it might be just a restriction of where he could register that license, Mr
[3:57:29] Chairman. DBP are doesn't. They have no say whether permit can be issued or not. It depends on
[3:57:37] the jurisdiction. I believe that Those restrictions would be on his registration with the state.
[3:57:45] It could be, it would not happen bearing gear. It would. It would. It would have a bearing
[3:57:51] and The entire state. But I don't know that that dbp are can tell a local jurisdiction
[3:57:59] whether they can issue a permit. Or not, it would be something like there's a restriction on
[3:58:05] his registration with the state . In other words, local license has to be registered with the
[3:58:11] state. No they could act on that registration that they hold. But I don't believe that the state
[3:58:18] could Um. Enforce anything on permit regulations because that's all local brings up there
[3:58:28] they can We Restrictive county this point in time. Border. You've already. I guess my
[3:58:39] question What is the What? What do you do in terms of restricting him restrict him
[3:58:47] from opening any new permits until all his permits are Inspected, satisfied. I don't
[3:58:54] Seeing an issue with that. It would be akin to Are you saying it would be akin to What this
[3:59:03] board can do to a state certified, understand back talking about the state
[3:59:07] certified. Is that the type of and that's the question is that the type of remedy you were
[3:59:13] seeking in the penalty. Yeah Essentially suspension of privileges going forward
[3:59:17] Question right now. Yes And this board restrict him pulling any new permits until others are set
[3:59:25] to all other outstanding permits or satisfied. I don't see an issue with that, logistically,
[3:59:31] it might be a little difficult. When you're saying until they're satisfied. Don't see an issue
[3:59:40] with you putting a timeframe on Suspension of preventing privileges. I mean, we can do
[3:59:47] that if the board and we do that. Yeah, we can. You know if the board uh Asked us to do
[3:59:52] that. Absolutely. Okay? Who details entertain a motion details that my question for us
[4:00:00] John is then who details The satisfaction effort. Because that can be according to the
[4:00:07] customer. That could be I mean, we need a detail that in in in this this room right now and
[4:00:11] say, well, If he's the satisfaction is completed permit, then that's that would
[4:00:16] be Will be would decide here. Satisfaction is a customer that fits satisfied. I mean, How do
[4:00:25] you How do you do You close a permit inspection, Right? Would be CEO. Can we make this
[4:00:32] statement that he can pull? No. Future or new permits until all permits are closed and properly
[4:00:40] inspected. Concerned with that. Sorry I do not have a legal concerns. Does that satisfy you?
[4:00:52] We could do that, if directed by the board. Sure. And maybe, uh, The license holder would apply
[4:01:01] for Reinstatement of permitting privileges after that to the board. Think you ought to put a
[4:01:11] time frame. No more new permits for one year. But if you say complete them all the man still
[4:01:20] has a business and employees and he's just got this one job is trying to finish. It doesn't
[4:01:25] have a future. Make that into motion. No. News permits for a period of one year. Today. Oh
[4:01:36] pretty much must be closed properly, and it's spect ID. Absolutely outstanding permits
[4:01:41] must be closed properly and inspected and he must That seat. Statement of his permitting
[4:01:50] privileges before this goes back to the initial thing he's got to have all done. He's gonna You
[4:01:57] won't have employees. Continue to work. For how you do it will make the results, saying just
[4:02:05] suspend them no more new permits for one year. So he's still you don't have to fit in one year.
[4:02:13] You get a inspection every six months that job. In some, maybe it shouldn't be here to do it.
[4:02:23] But right now it takes a long time to get trust is one case no new permits for one year. Hello.
[4:02:32] Just no new permits. But one year Let him. Mhm. I'm good with that. There's a. The three or
[4:02:47] four months to clean up what I got, and then do that problem. And we worked. It doesn't matter
[4:02:53] about the problem. Now you're gonna do what you do, but I'm saying that's what time I Lot of
[4:02:59] I am good with organizing and have finishing, and I do have to do this. Or pull this or get
[4:03:04] this being detailed or do this. If you do that, now, you might as well take my license. Because
[4:03:10] if you say Hey, Mr Banks in six months. You can't pull permits for a year. I'm good. But I need
[4:03:18] time to clean this mess up just So are you saying you have customers Now that you've taken
[4:03:25] money and you haven't pulled their permits? Yeah Projects as well done on yes projects that
[4:03:29] are willing Then add. Or I haven't pulled a permit or they want to take the ball out of
[4:03:38] condition on doing this modification. 30 40 of them. Let me ask you question. Why is it
[4:03:46] that it take you so long to go and pull these permits that get the money? Plans Engineering
[4:03:52] design can't get in. Unless it's something I don't need plans. I can't get them that well, You
[4:04:00] may not need to be taking the money. How do you How do you know? I'm sorry. Can we? Can we
[4:04:08] come on the second man? Hold on a second, man. Hold on, just a second man. Can we not? We
[4:04:13] refrained from any other comments from the from The public for just just let him
[4:04:20] okay. Longer agreement. We sit down and have a conscience. Contract states reform the work
[4:04:29] and it is so come on contract states. So every every complaint that contract 2.2. You'll have a
[4:04:35] copy of it nonrefundable and they sign it. And I give them a start date. Six months out there
[4:04:42] . Good with it. I start design phase of that contract if I don't get designer engineering
[4:04:46] Trolls tells me to hit the road and the city looks at me crazy if I just submit a form,
[4:04:52] understand your business practice there, But there is the code. You can't take that money
[4:04:58] and not full of permit. That's that's where this disconnect is happening with code could care
[4:05:04] less than you got plans. I'm not arguing. I'm just saying, if I had some time to do that, Mr
[4:05:09] Bates, can I ask you a question? How do you know how much to charge? But if you don't have
[4:05:14] planted specs that's like Yeah, if, if you know if I don't even know if I don't have a plan,
[4:05:20] inspect for what I'm doing. I can't give you a price. So we have a scope of work. So you do
[4:05:25] a set of plans for You know a bathroom? You do a full set of plans for bathroom. You. Don't
[4:05:31] you do it off a scope of work, Can you? You said you have to get plans after the fact. How do
[4:05:36] you do Do it based off a scope of work based off everything they were telling me and in my
[4:05:41] contract, it says, if anything is added, or differential rates by the engineer Those prices
[4:05:46] could change in the contract. Literally word for word that that shouldn't prevent you from
[4:05:50] getting a permit. But when I pulled go to poor permit if I don't have a plot, planned
[4:05:57] protest engineer plans within 30 days. It doesnt Charles. Don't take that. He tells me hit the
[4:06:02] road. So you don't take that. So what we've been doing is literally right in the
[4:06:06] customer's name, putting building the house and submitting it. That's what I've
[4:06:09] been doing since this last meeting to show that I pulled my permit in 30 days. I don't know
[4:06:14] what else to do, Mr. Chairman Let me clarify some things that permit application is good for
[4:06:21] six months and after a permit is pulled within that six months. Then we start another six months
[4:06:27] for any action on the permit. We're talking application talking application. You're not
[4:06:31] even applying for the permits. Well, I'm saying if you submit that permit on the portal or you
[4:06:39] come out here to make the Charles and you don't have a plot plan, we all know what he's
[4:06:44] gonna do. I'm not. I'm just saying he's gonna say no. No plot plan, no engineering. Come
[4:06:48] back, Stephen. When you got it, That's what he's going to say. That's what happens. Same thing
[4:06:52] at the city. I'm not telling you something You don't know. You all know that. You ain't got
[4:06:57] engineering drawings. Lachlan tells you how you got him for two months. Well, Mr Charles
[4:07:00] Laughlin ain't got him What you want to I mean, I'm not saying I'm right, I'm saying Tell me
[4:07:05] how to fix it. Yeah, don't don't take the money and take the money plays for the engineering
[4:07:10] the plan. The plan has been I think you need to see the attorney honestly about how to
[4:07:16] write your contract, right? I got it. Just an attorney from somebody who can, you know? I've
[4:07:21] lost tons of money, Mr Banks, I have I And anybody is in business, don't you? You're
[4:07:27] gonna lose some money along the way because of learning. And if you find a way that you can have
[4:07:34] an owner give you a small small deposit that covers The engineering plans, etcetera,
[4:07:41] very mental just to cover that covers you because you're pretty exposed. It appears I knew this
[4:07:47] but I mean, there's a lot that's going against you here, baby. I understand. I have no offense to
[4:07:55] you. I hate to see this. Trust me. I hate to see this. I want you to hear me Say that man. I'm
[4:08:03] serious. I'm not no robot up here. These are human people at the same time. This can't keep
[4:08:09] going, bro. But you're you're gonna what I'm saying. A bunch of families and your family.
[4:08:14] What you're not seeing is resolving these at times, over and over. I've got 2030 of them.
[4:08:19] I could stand here in a row. And tell you every single of their stories and we're finishing jobs
[4:08:25] . We're not just sitting on her hands the jobs that I that I continue to put on it. There's
[4:08:30] an off doable. There's a real people they're getting done right now. So and I'm and I'm
[4:08:33] getting to you and I'm getting to them. But if you tie my hands what am I gonna do? Understand
[4:08:38] that, But if we don't tie your hands, how many more people is going to be in this? Like I
[4:08:43] said, Regards the decision You made. I'm a skill cabinet man. I'm going to go to work. And if
[4:08:48] I got to work to pay these people back without a license is what's going to happen. Question
[4:08:53] for the attorney. Could we say, Give him Three months and after that suspended because he's got
[4:09:01] all these other people That he may do right by That's out there. Otherwise he can't. Do
[4:09:09] the job and he's taking money and the people are counting on them to do their job. They
[4:09:14] hadn't hired anybody else, Mr Waters. I have no concerns with that. Especially given Mr Banks
[4:09:20] is I have no concerns with that . Especially given Mr Banks's request for that delay. I'm
[4:09:30] making a motion that we give us the banks three months. And after that, that and that's for
[4:09:38] him to get these permits and all of this stuff for the new clients that he has, and after
[4:09:43] that didn't suspend his license overall permitting privileges. For one year scam. The
[4:09:49] accounting I don't know that we can do anything with the city of Pensacola. But The skin
[4:09:56] accounting. I'm just saying, I'm on the job that I had a permanent on Open it up, and
[4:10:02] it's load bearing. I mean, engineering permit. What? What? What do I do? The job of
[4:10:07] exposing It's sitting on load. What do you want me to do? Come down here and show it And then
[4:10:15] one of y'all get what What am I going? Her case basis. Colbert. Well I'm I'm assuming a permits
[4:10:27] pulled already if you're opening it up, and that's just a revision. That would also
[4:10:38] dovetail. I'm with her growing on this. That would also dovetail into that 90 days, but
[4:10:43] he's got all this time he needs to pay. All these fines. I would second that motion. We're we are
[4:10:54] all human. Mr Lister's correct. We're all here. And, um I believe this board has showed
[4:11:00] Matt Mr Banks. And even Mr Lacoste in previous Decisions that we can be lenient at the
[4:11:09] same time showing force And requirements. Would you agree? If we had it that they have to
[4:11:18] eat have to come to you. If he runs into a problem. Oh, absolutely Sure. Nowhere to give
[4:11:24] him the 90 days. If he finds out he has to do it. He has to come talk to the building. Official.
[4:11:30] To get approval. In your motion that way. Okay motion for giving us the banks 90. Days to pull
[4:11:38] these other permits. And if he has any defeat Uh, has any issues on existing That's beyond
[4:11:47] that. Then they see Mr Talbert. And after the 90 days is license. Ability to pull permits
[4:11:55] and a scam you counted will be suspended for one year. Yeah. Motion made and secretary
[4:12:01] discussion. Being done All those in favor say Aye. Alright, opposed like son. Motion passes.
[4:12:14] And your recommendation to the C I. A L B is Mhm. It was Done, okay? If we've done all this
[4:12:25] other We're giving them the report that what they wanted to do, but we don't have any
[4:12:31] specific recommendation this year. Mr Mr Lister, are you okay with that? Yes. We do need a
[4:12:38] motion on that because emotion was never made. A motion was never made for no further action
[4:12:43] on that. Okay Motion no further no further action to CLP. All those in favor say Aye. Posed
[4:12:49] did not Motion presents. Okay so we're circling back to public forum. I do have a public forum.
[4:12:59] I do have some speaker request forms. I'm just gonna start which with the one that was on
[4:13:04] top. Johnny Harris, Johnny Harris. Mr Chairman, as I'm feeling a little under the
[4:13:12] water, Never mind. Okay. Thank you. I'm feeling a little under the weather. Do you have any
[4:13:18] objection you go for today? What? What we're doing now doesn't have anything to do with
[4:13:23] you. If you'd like to address the board, you can more than happy to address the board and
[4:13:36] you I didn't. Charles spat. I think it says Patch. They left, Okay. S P A. T. C. H. Jennifer
[4:13:52] Anderson. Jennifer Anderson, Okay? If you can just come to the podium, state your name and
[4:14:01] address, please. Thank you. Low. My name is Jennifer Anderson. My address is 3036 Coral Strip
[4:14:11] Parkway Gulf Breeze. I realize I'm not a resident of your county, but I think Um I
[4:14:19] appreciate the opportunity to speak to you All I know it's been a long morning. I think you
[4:14:25] have an important job. That's what I realized here today. You have a really important job, and
[4:14:30] I just want to speak to a few things that Mr Banks said about his contract. He does have a
[4:14:35] contract that's true. We did sign a contract, but we refused to sign it with this non
[4:14:40] refundable clause in there, and on February 2nd of 2021 16 months ago. We gave Mr Banks
[4:14:48] $40,000. $40,000 that I worked for a year to earn. And he has done no work. Zero work at my
[4:14:59] home at all. And 16 months. That 16 months tomorrow. Um like many others you've heard from and you
[4:15:08] will continue to hear from. We weren't notified of a recovery fund permits weren't applied for
[4:15:12] all that fun stuff. Like many others that you've heard from and you will continue to hurt
[4:15:18] here from work did not start on our start date that was within our contract of make 20 may 17th
[4:15:23] 2021. And we had to reach out seven different times for seven different start dates that came
[4:15:30] and went with no communication whatsoever. Seven different times. None of those seven times
[4:15:36] had any notice of commencement filed. Don't know what that says to you, but it says to me, I
[4:15:41] wasn't really planning on doing any work. So unlike most of the others I've heard here or know
[4:15:47] of, and there are a lot of people will eventually find each other. And we have we found 60
[4:15:51] strong at this point. Um. We declined to enter that contract , and Mr Banks agreed to remove
[4:16:01] it and then our contract. It's crossed out. He initialed it and said, Now we won't make your
[4:16:07] your refund. Uh Nonrefundable your deposit nonrefundable. So in September 15th of 2021 7.5
[4:16:14] months or 224 days After our initial deposit, we requested to cancel our job. One reason was
[4:16:21] our apartment was 134 days after our initial Deposit, so $40,000 gone. Um after being told that
[4:16:30] our deposit was nonrefundable based on his contract, we reminded him and sent him a copy
[4:16:34] of the contract. And then we were emailed this breakdown on our project by bank C. 00 at the
[4:16:41] time Jacob North 3700. I'm going to round up or down here. Thirty seven hundred nine return items
[4:16:48] on a framing package. 2800 and 30% restock be on this framing package. Permit the. $3700 of
[4:17:00] admin fees. $23,700. Expected profit on a job you did nothing on they were going to retain.
[4:17:10] This thing writing communication to act all of this up. This would leave this part of the
[4:17:15] communication, a difference of 5700 and $85.32. And we can refund that to you in 90 days.
[4:17:23] So my $40,000 deposit they were willing to refund less than 6000 for work. They never actually
[4:17:28] started. No materials ever received. And retain that profit. So their admin fees.
[4:17:37] We'll get to that in a minute. Let's start with the materials. When I asked for our materials I
[4:17:41] said, Well, you you took my money. You're telling me about a framing package? That's mine,
[4:17:46] right? Ah they said, you'll have to talk to her attorney. I said, we'll go pick it up. You don't
[4:17:53] have to deliver it. Where is it? You have to talk to our attorney again. I have communications for
[4:17:58] all of this. Those non refundable items should be mine. So After I asked who their
[4:18:04] attorney was two times and was ignored. I started calling around. I found my framing
[4:18:09] package. Pittman Lumber. Ken Pittman Lumber told me Yes, it has been scheduled for delivery
[4:18:15] . That's one of those, Um sorry. Three of those seven dates. Yes, It's been scheduled for delivery
[4:18:21] three times, but we can't deliver something that hasn't been paid for. And you can't
[4:18:25] pick it up because it hasn't been paid for. So I said, Interesting. Um So it's been
[4:18:32] now. 7.5 months later, he's attempting to keep our money through expensing these
[4:18:40] materials that he won't deliver to me and I can't go get Because they're not paid for on the
[4:18:45] admin fees. There was no breakdown provided for that number of 3700 roughly, but this
[4:18:50] amounts to 147 hours are over 3.5 weeks at $25 per hour. Ah! I don't know what that is because
[4:18:59] most of the communication was initiated by me. So um, given the loss of $40,000 I felt
[4:19:07] forced to renegotiate with With Mr Banks. I went back to him and said, Mr Banks instead of an
[4:19:15] addition on our kitchen, how about you just remodeled the 10 by 10 100 Square feet. That's
[4:19:22] there. Would you put some cabinets and countertops? And a backsplash. And we'll call it
[4:19:28] even. That's $400, a square foot. Right highway robbery. But I said all I wanted is this
[4:19:36] kitchen. So we were willing to do it. We renegotiated our contract. With an amended
[4:19:45] exhibit A that said demolition and construction were two installation. Forgive me.
[4:19:49] Demolition Demolition installation was to commence on 12 6 did not Six more start
[4:19:55] dates with no notice of commencement. For a total of 13 different start dates. I started
[4:20:03] reaching out and in February and said, Where are my cabinets? It's just cabinets. He professed
[4:20:10] himself as a cabinet guy. He just said I started another L L C. As a cabinet guy. However let
[4:20:17] me tell you those are both listed as construction companies. They're not listed as
[4:20:21] cabinetry companies. So. Where are my cabinets? On February 2nd. We were told our cabinets
[4:20:28] were 3.5 to 4 weeks out. After waiting four weeks on March the eighth I reached out And we were
[4:20:35] told, our cabinets were 4 to 6. Weeks out, and demo could start in five weeks on 4, 12 and work
[4:20:41] would be complete by 5 15. We made the decision at this point , and it was a strategic
[4:20:46] decision on our part to send to the man letter. Because of the time Um and we demanded that
[4:20:52] works start in 30 days. And complete within 90 days or you refund our money. To date. None
[4:20:57] of that has happened. None of it. Nothing has happened. No cabinets, though he promised to
[4:21:05] have them delivered by May 6th and I said, You're not Demoing my kitchen. I think we can all
[4:21:11] appreciate why wouldn't allow him to demo My house. And anyway until I had all the materials
[4:21:15] there, but I have not no materials. So I asked for another accounting of our
[4:21:21] expenses. This is what I got this Administrative fees, 14 hours and $25 per hour. 3 50
[4:21:27] permit fees again. Same same fee design fee 15 hours at $100 per hour, 1500. I think I'm going to
[4:21:36] retire as an executive at Navy, federal and go into designing my cabinets were $10,550.75 so. On
[4:21:45] all of this and banks process in general, and most of the complaints I've seen and heard
[4:21:51] here and there are a lot more that haven't come come forth yet, um, who had been promised
[4:21:56] these refunds? You're not getting these refunds. Um. We're paying premium deposits to the
[4:22:03] sky premium more than 50% of the total cost of my job. My total cost 79,000 gave him $40,000.
[4:22:12] And when I say my heart own money, I mean mine. We're doing most of the management of these
[4:22:20] ourselves. People are picking up their own materials. People are having their own tools used.
[4:22:25] You're going to hear from those people. He's not stopping. He's going and collecting more money
[4:22:30] . You're going to hear from people who have called them and they said I can start in a
[4:22:35] month. I just need to run by and pick up a check starting a month. So I don't believe he's
[4:22:40] behind. Um Why is he telling people he can start in a month? If he's so far behind? I'm 16
[4:22:48] months, no work, So I think this is an M o. But that's my opinion. I'll keep that to
[4:22:53] myself. But there's enough people that are coming forward now, Um you know where he's
[4:22:58] saying. I can get these things done, but he can't. He's not started mine and 16 months, Nor
[4:23:05] has he responded to our other to demand letters, which were for a refund. Um and that that 30 day
[4:23:11] period expired. Uh may 25th so with no response from banks, though, he signed for the demand
[4:23:18] letters himself. Um he's you know, he's violated the state's statute. You've heard it here.
[4:23:25] Um and he's reached out not at all to offer me any kind of refund. Um so. You know when
[4:23:36] people ask you, um to revoke his license. I don't think that they're thinking about
[4:23:43] themselves or these refunds they're thinking about. Whose money is going to pay these
[4:23:46] fines. Whose money is going to pay these people back. It's just the next guy or the next gal who
[4:23:53] gives him the money. And I'll just say this to his point of. He's trying to do the right
[4:24:00] thing. You don't do the right thing when you're forced to do the right thing. When it's on
[4:24:06] you. You pick up the phone and you call your customers and you talk to them about supply Change
[4:24:10] channel supply chain challenges and, you know, lack of subs. None of that ever happen. None
[4:24:15] of that ever happened from banks. Um. So I want to tell you that this these two new LLCs
[4:24:24] three T was filed April 11th 2020 to 40 was filed May 2nd 22 I said that these are both
[4:24:32] construction companies. Both are Fully registered as as construction companies. Um and I
[4:24:38] and I want to say that, um That there is another individual listed on the application for
[4:24:44] these LLCs, Um This individual. I think we'll double the amount of people who have come before
[4:24:55] you. And I think it's on on you all to investigate who that individual is. That's all I
[4:25:00] have. Thank you for your time. Thank you. Jennifer Grant. I am Grant G R A. N T. You got three
[4:25:20] minutes on the screen. Can you please state your name and address for the Russian For
[4:25:25] Grant? My address is 60 65, Huntington's Creek Circle. Pensacola, Florida 3 to 5 to
[4:25:30] six. Um I met I brought her home to move my elderly widowed mother in with me to renovate
[4:25:37] the mother in law, sweetheart, contact them at banks and hired him on January 27th 2022. He was
[4:25:44] to add this mother in law suite to my home for $106,550. I gave him $53,275 on January 27th
[4:25:51] 2022. And have not heard from him since. There's been no permits. There has been no
[4:25:59] drawings. There has been no return phone calls. No return emails, Nothing. My husband and
[4:26:05] I are out 53,275. That's a year salary for a lot of people in the scam, be accounting. So my
[4:26:14] thing to you is if you let him continue, there's going to be a lot of other hurting families
[4:26:20] and Escambia County who looked to you To keep people like this from scamming us. We are
[4:26:26] hardworking individuals, and this money was not just given to him as a gift. I've asked for a
[4:26:31] refund. He doesn't have it. He just sold his house. He's going to file for bankruptcy. Y'all
[4:26:39] don't I don't understand why this is being allowed to happen. He is liquidating all of his
[4:26:44] assets, and he will leave town. He's not only in trouble here. He's in trouble in Alabama,
[4:26:49] also. So this is not right. I have Children, too. He wants to stand and profess. He's got
[4:26:55] Children to raise and he just said in front of your three different times. He will work
[4:27:00] without a license. He doesn't care what happens. Three times, He said that here today. What
[4:27:06] happens who protects us citizens who who comes in and says we will protect you from someone
[4:27:12] that's willing to say I work without a license and just keep taking money. Who Who does that
[4:27:17] for us? I mean, this board can only working with the ordinances , statutes that are presented to
[4:27:25] us and that's what we do. Okay And we have given him his hit A. If you add up all his fines. I
[4:27:32] think there's some very substantial fines and he's got 90 days to pay it. Pay for it
[4:27:37] out of my doesn't Then he comes back before us and then we can do something about it. But out
[4:27:43] of my 3000. He claims he doesn't have any more. That I gave him back in January. So I mean,
[4:27:48] where did my money go? You know , he spent not one penny of my money on anything for me. I can
[4:27:58] do is revoked his license for opinion from doing anything, and that's all we can do. We can't
[4:28:04] send them to jail. Yeah. I'm sorry. I've said it's not our job. I mean, that's not our job.
[4:28:15] Why does Phillip this board continues to allow him to be a contractor and Escambia County?
[4:28:20] You will have been felt you would have failed this whole room days. His license will be
[4:28:26] suspended from pulling permits here in 90 days. That's right. He cannot pull another permit.
[4:28:32] But the other thing is, he's got people. That he you know, he's working on other jobs that need
[4:28:40] to be completed. If we would have suspended his license, right, then everything stops.
[4:28:44] Well we but we don't know that we don't. We can't Hey, Hey, hey, hey. We're going to keep
[4:28:55] the decor. Um okay. I understand you all are hurt. Okay? Miss Laurie Jones. My name is Laurie
[4:29:09] Jones. My dresses 409. Bremen Avenue, Pensacola, Florida and I come before you today because I
[4:29:15] have not filed my complaint with this board yet. But I will be filing a complaint. Suggestion
[4:29:22] to you is do it now. I will complain today and what I have to say here is that my husband
[4:29:28] who was 65 years old And black. And I. A woman were taken by Matt Banks for $21,175 was going
[4:29:40] to do our job for twice that on the kitchen remodel. He only stepped foot inside my house.
[4:29:45] The one time there's been about five project managers and somebody sent a letter to us
[4:29:50] telling us they cannot refund my money or cancel the contract because it would be for
[4:29:55] convenience of us. We've been waiting since May, the 13th of 2021. On April the 11th. I sent
[4:30:04] Mr Banks an email. I sent him an email. I've seen him many emails. Just give me my money
[4:30:08] back, sir. And you won't see my face again. He has not returned my money. He will not speak to
[4:30:15] me. He did speak to me being You know what he said? I said, I guess I'm gonna hatch file
[4:30:20] criminal complaints, not speaking to him, because if I wanted to speak to him, I would
[4:30:25] address him. You know what he said? You do. What the hell ever you have to You've been sitting
[4:30:30] over here talking to me all this time anyway, Dude, I have nothing to say to him, but I
[4:30:34] will be going to the sheriff's office. He took my money. He has performed no services for me.
[4:30:38] And look at all of these people. So I'm going to the attorney General. I'm going everywhere. I
[4:30:44] can go. But I'm appealing to you, Mr Jonathan tarred and I'd be so lenient on a man who will
[4:30:49] take people's money. Let him get a job at McDonald's. Let him get a job in a factory. Let him
[4:30:54] clean the Flipping floor for all I care. That's why I do for a living. For this $21,175 from
[4:31:00] the S B A. Do you think the s p A is gonna let me say? I'm just not going to pay it back because
[4:31:06] I got ripped off by Matthew banks of banks Construction and the construction board in my
[4:31:11] county doesn't feel that he's done all the damage because they didn't really suspend him until
[4:31:14] long down the line. And maybe you won't get some jobs and Escambia County. But you serves
[4:31:19] and ma'am and man I see. There is one female. Thank God and one black man and one, you know. I
[4:31:25] mean, this is Come on, y'all. We here needs some help. Poor people in this county need help.
[4:31:31] And Matthew Banks is taking our money. Okay If I were rich, he would not have done this. If I
[4:31:39] were a white male, he would not have done this. And I'm asking you all there's gonna be more
[4:31:43] cases model. Come before you. The only way that Matthew Banks will stop seeing my face. As if
[4:31:50] he goes to jail. We can't send them to jail. Cancer can't but I can and I will. But I ask you
[4:31:58] all to be a little bit more tough with him because one case to case three cases, four cases.
[4:32:03] He got up and walked out. He knew what we were here before. He wouldn't even look me in my
[4:32:08] eyes. That's not a man or that's somebody who has criminally deceived. All of us. I have a
[4:32:16] question for you. Have you have you? Have you formed? Have you formally fulfilled A complaint.
[4:32:21] I have a question. Have you have you fulfilled the requirements for a complaint? With Escambia
[4:32:28] County. I will. Okay You haven't yet? Not yet. I said that even again, That's gotta complain not
[4:32:35] for filled out a formal complaint yet because I did not know the steps to do it. I've
[4:32:41] complained to the Attorney general's office. And complaining under elder abuse,
[4:32:44] if any of you have small Children or elders, get in touch with them. They contacted me
[4:32:49] today. I have all of my paperwork ready to send to them to the Florida license. Your
[4:32:54] board. What is it? D Whatever y'all know who they are. I put in six complaints on one day.
[4:32:59] You know what got him fired up. I put in a Google review. Okay Just the facts, ma'am. Just the
[4:33:05] facts gave him my money. May 13th 2021. He's done nothing but lie since no money back. The
[4:33:15] only thing that's been done to my house, and he sent some guy named Justin over who chipped a
[4:33:19] piece of floor up. So now I gotta fix that, too. No work on my house whatsoever. We
[4:33:24] understand All your complaint. Will you have any other questions, sir? But we cannot
[4:33:32] send him to jail. Mr David Bryan David Bryant. Good morning. My name is David Bryan to 7 to 5,
[4:33:47] Black or drive Cantonment, Florida. Lot of emotion. A lot of passion in this room right
[4:33:52] now. Um, I understand. First I'd like to say thank you, ladies and gentlemen for being here.
[4:34:00] Um, I do have a formal complaint. I believe I'll be. My case will be coming before you,
[4:34:05] uh, hopefully at the next July competency So if there's anything I have to say about
[4:34:12] this, if that will be hindered in any way, please let me know now. Is it? Okay if I continue?
[4:34:18] Well here's the thing. You did it. It doesn't do you any good to tell us now. We're gonna look
[4:34:24] at that. We're gonna do it in detail. So anything you say now is going to be Out the window.
[4:34:30] Two pages. I cut down to about three sentences, because that's exactly correct. I saw that do
[4:34:34] not don't want. We don't want you to jeopardize your case before the board. Terrific.
[4:34:40] That's why we suggest you not do it. Gotcha I totally understand. I just want to say thank you,
[4:34:45] ladies and gentlemen for being here. Thank you for giving us at least a direction on how to
[4:34:50] begin to really address the problems. There's a lot of problems here. Um Here's here's
[4:34:55] the thing, sir. Yes, sir. The public forum is on any subject that's not on the agenda.
[4:35:06] Eubanks was on the agenda four times today says Thank you for being here to see you next
[4:35:13] month. Don't. Jeopardize what we have to do when we consider this before the board and then
[4:35:22] officials exercise then I have nothing else to say, except I look forward to seeing you may
[4:35:27] be hurting your case. That's all. I'm asking you. Thank you so much. Thank you. I believe
[4:35:35] this is Janet Bondurant. And everyone and thank you for hearing me. Um, a few days ago,
[4:35:53] I was Contacted through Social media. That. My address to the board to you guys to the board.
[4:36:02] Last 2021 was viewed by a numerous amount of clients with banks construction and if I
[4:36:09] could provide an update To the board. And so I'm here. Um So my husband and I contracted with Mr
[4:36:16] Banks of banks Construction on March 2020. After banks recommendation, reflections home
[4:36:22] design and can services. Um we pay them for the plans, and I heard him say that they took
[4:36:30] care of the plans. We paid the plans, so they drafted the plans for our addition and renovation
[4:36:34] . And on April this was April 18th 2020. Mr Banks said the rental would be six would be
[4:36:41] would begin. Six June And he would date 48,000 to start and would only take three months.
[4:36:47] However it didn't begin until 23 July 2020. And then he requested another 25,000. The following
[4:36:54] December. 14th totaling $73,000.09 months. So at 40% until the renovation after 13
[4:37:01] months of excuses and delays and still no end date, I addressed the board on July 7th 2021.
[4:37:08] Regarding the lack of lack of progress questions regarding permits, the cost of delays and
[4:37:14] excuses with our renovation. On July 9th 2021. I requested a sworn statement of account from
[4:37:20] banks Construction and on 17 July 2021. Mr Banks replied with the nature of services performed
[4:37:26] today. To include 246 Square Foot addition, built onto the exterior of the master
[4:37:35] renovation of the Master area, two closets and the bathroom at a cost of $76,000. Due to the
[4:37:43] cost of reworking in delays. The master area could not Have been completed on 17 July 2021 as he
[4:37:50] stated in this sworn statement to the fact that he contracted the cleaning service was
[4:37:55] completed The cleaning Of the Masters of the Master suite on 23. September 2021. Then I moved
[4:38:03] back into the home because I had moved out when I when I approached you guys, you know,
[4:38:08] in July So, um Also addressed in the sworn statement of account is the nature of future services
[4:38:15] to be performed. Which was completed kitchen Reno, a new exterior door, new flooring and
[4:38:21] interior painting throughout the entire home and the remaining balance of 25,350 per a
[4:38:25] contract. In September. 2021 Mr. Banks still cannot give us an overall end date or start date
[4:38:33] as to when his company would begin the renovation of our kitchen floors, painting and
[4:38:37] door. For 15 months. Um. Our home is only 2000 Square feet. So we only had 25. Feet of
[4:38:47] walking space. So then, I You know, I moved out of the home for four months because you
[4:38:56] know, it was just it was it was more than I could bear. In that time, banks was still accepting
[4:39:01] new clients contracts and granting new permits. While we were still undergoing delays and
[4:39:04] excuses As a consumer. I reached out to the following offices for assistance or guidance. Um this
[4:39:11] can't be Bay County Building Services Office state of attorney the Pensacola District
[4:39:15] Attorney's office, Department of Business and Professional relations. The construction
[4:39:18] industry licensing board. The Florida Department of Agriculture and Consumer
[4:39:25] Affairs. And in doing so, Mr Banks Informed the Escambia County building inspector that
[4:39:31] he would not continue with the remaining items on the contract. We agreed and thought it would
[4:39:35] be best. As he still refused to give us a completion date and we could not afford to take any
[4:39:44] kind of legal action. The only word based construction started in our kitchen was the
[4:39:48] installation of a pantry and February 2021. Thanks demo the entire wall next to the stove
[4:39:55] and left the wires exposed. In the new pantry banks construction ceased without
[4:40:00] installing baseboards or flooring, leaving the concrete slab exposed for 10 months until
[4:40:05] we hired another company to install our floors. That's how Mr Banks left our home. He did
[4:40:13] not return to inspect the sub par quality of the work by his crew. Because. He left our
[4:40:20] kitchen at 10% demolished. We had to hire three additional companies to renovate our home
[4:40:25] was cost us an additional 30,000 I don't understand how he can reply to the state. With Being
[4:40:35] understaffed and blaming it on Covid, and at the same time renovating and purchasing a home
[4:40:41] one block from our home. In four months after starting the renovation or in our home so we
[4:40:47] would see them going to this this home during construction while our home is in shambles.
[4:40:52] Um So, as I said again, this The whole contract with banks started 2020 and stop September
[4:41:01] 2021 14 months. The overall rental or a home took 21 months. And if he were here, he should
[4:41:09] have remained here to hear everyone. You know complaints. No one is bashing him. We're
[4:41:13] providing factual information. His greed has caused so much. So much so much of us with pain and
[4:41:19] heartache. That he should be ashamed of himself, um and blaming his staff as a cop out
[4:41:27] because at the end of the day, he signs all the checks. You have an active complaints. I
[4:41:33] don't but I have a case number with Melissa Rebirth. Reamer It's my understanding that she
[4:41:38] did previously follow complaint , and then they parted ways amicably. Um and in part with
[4:41:43] the amicably, right? Well, I mean, I think it was kind of, you know. Y'all made an
[4:41:48] agreement at some point and if you would like to re file you have the option to do so. Um and
[4:41:54] Melissa can assist you with that. Thank you. Thank you. In our last speaker. Request form
[4:42:06] is Jekyll and Rogers, Mr Rogers. Thank you. My name is Jacqueline Rogers. I do not have a
[4:42:22] complaint against either of these contractors. I did consider them both for a project
[4:42:27] . I have a neighbor that's two years out and nothing done on a project with Mr Banks. So I have
[4:42:32] a lot of sympathy for these people. I'm here more to talk in a general. Manner of this board
[4:42:38] . What the man that said when he walked out what he said was the sport is superfluous. I don't
[4:42:43] agree with him. I think there's a reason why there's a contractor Competency board. I
[4:42:47] think there's a reason why there's permits. But if you're going to take the money for
[4:42:53] permits, if you're going to take the money for licensing if you're going to have a
[4:42:56] contractor competency board, you guys have to protect the public because I was alerted to this
[4:43:02] from several people. I started going back and watching meetings and I have a lot of concern
[4:43:07] about what this board is because we have a business. My husband has a state license. I
[4:43:13] understand you can have false accusations. I understand. What it means to have a contractor's
[4:43:18] license, but at the same time, there is a great responsibility with a contractor's license. And
[4:43:24] what I'm hearing this. This seems like you're allowing Ponzi schemes to go on where people
[4:43:30] can say if he's still soliciting business. He's going to take that money and pay your fines
[4:43:35] which I thought were minimal. You might have thought they were Hard, but I thought they were
[4:43:39] ridiculously. Even as a business person. You can easily pay those fines and use that money, other
[4:43:45] ways and still profit. So I am concerned about that. I went back and watched past meetings
[4:43:52] and I had some concerns. The last meeting for Mr Lacoste. He had a lawyer come in and say he
[4:43:58] had a medical issue. Not one of you asked for proof he didn't have a medical issue. Had a
[4:44:03] warrant out for violation of probation. Now we all know he's arrested. But you need to ask
[4:44:09] for proof. Another meeting I saw staff come and say. Well you had a just a disciplinary hearing.
[4:44:16] Um, but we went back and we looked at your what? You what? The facts, and there wasn't
[4:44:21] enough so someone made the motion to just drop it. Well, what were the facts? I was
[4:44:26] watching the meeting the homeowner That was part of that They had the complaint. They
[4:44:31] weren't in the meeting when I complained to the county attorney's office, they said
[4:44:34] Well, staff said they called How do I know? The staff called? I'm not calling the staff a liar,
[4:44:40] but you need to have the proof of some of these facts. In my opinion. If you're going to
[4:44:45] protect us if this board has any Any merit. Some of you have some great questions today. So I
[4:44:51] really thank you for the questions. I am very sad that one of the board members was
[4:44:57] removed because he was asking great questions. Two very bad mad that a staff member was
[4:45:02] involved in lobbying for his removal. And I do know about that. Um I don't have a lot more
[4:45:09] to say. We need you to be the watchdog. If that's what your purpose is. I know you can't
[4:45:16] arrest people, but when he said he can't work without a license , that's ridiculous. My husband
[4:45:21] worked eight years without a license. He worked under someone under the supervision, and
[4:45:26] that's why you have a license, and that's why there's a requirement. For a couple of
[4:45:30] years of supervision. Maybe he needs to go back and work under a licensed contractor and
[4:45:35] understand that he can still work in the industry. Of course , that's what my husband did for
[4:45:41] years before he got his contractor's license. So this is not, you know, we're taking
[4:45:45] away. This man's right. We're taking away. This man's right to Pullman move permits and to take
[4:45:50] more down payments like he's done for these people, and you can see the progression from
[4:45:54] 2020. 2 to 2022. So I just wanted to say that and there was an anonymous threatening letter
[4:46:01] sent to me once I started commenting on this on his Kambia citizens watch. I'm not
[4:46:06] intimidated. I don't know if anyone in this room Senate or someone that's watching, but I'm
[4:46:09] not intimidated. Thank you very much. And chair. We do have one more A Nancy Hendry. I think
[4:46:17] that's Hendry. Okay? Hi My name is the new C. Hendry I love it. 59 49 205. And my husband and I
[4:46:28] signed a contract with Matt Banks stood and close our back porch, which consists of two
[4:46:33] walls, and it's only seven FT. Four inches by 22, but so very small We signed it February 2021
[4:46:40] gave him 12,200 down. As of March, we did only get the windows in and the Freeman and
[4:46:48] very happy but right away, they wanted $6100 more. I would have said no, but my husband said
[4:46:55] Give it to him and let's get this over with, so we did get an email. I said before we do
[4:47:01] anything, I want to email show and exactly what's going to be done and what time frame After a
[4:47:07] couple of weeks of the Sheetrock not being hung guys sent emails saying, Well, here we go again.
[4:47:11] We gave you money and no one's here and they said No, we're sending someone out tomorrow.
[4:47:16] Well, this is our Sheetrock guy . He didn't even take the plate off of the thing. Um so at that
[4:47:23] point, we were very concerned trying to get our $6100 back and that's where we are today. And
[4:47:29] we can't finish our room because we're in a contract and Yeah. So this is going on in your and a
[4:47:35] half and I agree with everyone else. I mean, just complaint. No, um. And at this point we're
[4:47:44] almost like, just let us out of the contract and we'll go elsewhere. You know, we don't