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CLB Agenda 10/18/2017 COLLIER COUNTY CONTRACTORS' LICENSING BOARD AGENDA October 18, 2017 9:00 A.M. COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING BOARD OF COUNTY COMMISSIONERS CHAMBERS ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL: II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: A. August 16, 2017 V. PUBLIC COMMENTS: A. VI. DISCUSSION: A. VII. REPORTS: A. VIII. NEW BUSINESS: A. Orders Of The Board B. John Parker Oglesby – Contesting Citation(s) 14822, 14824, 14826, 14827, 14828, 14830 C. Marius Sacacian- Old Naples Tile and Granite- Review of Application IX. OLD BUSINESS: A. X. PUBLIC HEARINGS: A. XI. NEXT MEETING DATE: WEDNESDAY, NOVEMBER 15, 2017 COLLIER COUNTY GOVERNMENT CENTER ADMINISTRATIVE BUILDING THIRD FLOOR IN COMMISSIONER’S CHAMBERS 3299 E. TAMIAMI TRAIL NAPLES, FL 34112 August 16, 2017 MINUTES -- OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD August 16, 2017 Naples, Florida LET IT BE REMEMBERED that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3r1 Floor, Collier County Government Complex, Naples, Florida, with the following Members present: Chairman: Richard Joslin Vice Chair: Michael Boyd Members: Elle Hunt Kyle Lantz Gary McNally Matthew Nolton Excused. Terry Jerulle Robert Meister Patrick White ALSO PRESENT: Everildo Ybaceta - Supervisor, Contractors' Licensing Office Kevin Noell, Esq. — Assistant Collier County Attorney Jed Schenck, Esq. — Attorney for the Contractors' Licensing Board Reggie Smith — Contractors' Licensing Compliance Officer August 16, 2017 Any person who decided to appeal a decision of this Board will need a retort/ of the proceedings and stay need to ensure that a verbatim record of said proceedings is made, which record includes the testimony and evidence upon which any Appeal is to be made. I. ROLL CALL: Chairman Richard Joslin opened the meeting at 9:01 AM and read the procedures to be followed to appeal a decision of the Board. Roll Call was taken; a quorum was established; six (6) voting members were present. II. AGENDA- ADDITIONS OR DELETIONS: Addition: • Under Item VI, "Discussion" — Review of a new category for Certificate of Competency 11I. APPROVAL OF AGENDA: ifyle Lantz moved to approve the Agenda as nruetttlerL Gray McNally offered tt Second in support of the motion. Carrier/ ananiuttously, 6 — 0. Chairman Joslin noted that Item VI, "Discussion," would be heard at the end of the meeting to avoid inconveniencing the participants who were present for a specific case. IV. APPROVAL OF MINUTES — JULY 19, 2017: Elle Hunt mover/to approve the Minutes ofthe July 19, 2017 meeting as submitted. Gory McNally offered a Second in support of the motion. Carried uttanirnously, 6 — 0. V. PUBLIC COMMENT: (None) VII. REPORTS: (None) VIII. NEw BUSINESS: A. Orders of the Board: Gray McNally moved to approve authorizing the Chairman to sign the Orders of the Board. Kyle Lantz offerer/ a Second in support of the motion. Carried unaninnously, 6— 0. August 16, 2017 (Note: The individuals ivho testified in the following cases in under Item VIII, "Neiv Business," ivere first sworn in by the Attorney for the Board.) B. Jude Hubbard d/b/a "Jude Hubbard Pool Service, Inc." — Contesting Citation Citation Number: 14982 (Unlicensed Internet Advertisement) Date Issued: July 7, 2017 Amount of Fine: $1,000 Violation: Engage in the business or act in the capacity of a Contractor, or advertise self or business organization as available to engage in the business or act in the capacity of a Contractor without being duly registered or certified: Jude Hubbard provided background information: • He is the holder of Collier County Certificate of Competency #201300002150 and is licensed to clean pools • Mr. Hubbard's cousin suggested that he create a Face Book page to advertise his pool cleaning business. When Mr. Hubbard stated he didn't have time, the cousin did it for him, using the page of another pool company as the model • The Face Book page advertised the following services: pool cleaning, repair, and installation of heating equipment • As soon as he received the Citation, he deleted the incorrect information from the Face Book page Elle Hunt questioned Reggie Smith, Contractors' Licensing Compliance Officer: Q. Was the false advertising noted anywhere other than the Face Book page? A. I would stay away from the use of the word, "false." It's unlicensed advertisement. The complaint that was received was about the Face Book page. There were some slight references to repairs and installing heaters. It's not the worst one that I have seen but I did contact Mr. Hubbard. He explained he was attempting to obtain his State license at the time. I told him he had to remove the advertisement and he did. Chairman Joslin questioned Reggie Smith: Q. Was the license applied for prior to the Citation was issued? A. He has been eligible for the exam with the State for some time now. But his current license with the County is for pool cleaning only which, as you know, does not allow him to advertise for repairs or the installation of heaters. But, yes, I believe he has applied to the State to get his Certified Pool/Spa Contractor license. Jude Hubbard clarified: It's the "Class A" test. Chairman Joslin questioned Mr. Hubbard: Q. The Pool/Spa Repair License? A. It's actually the top one — it's the Commercial Contractor to build, repair — do everything. Q. Who have you worked for in the past doing pool construction? August 16, 2017 A. I've worked for Collier Pools. I have experience with Classic Pools of Naples — that's it. Q. What jobs did you do? Were you a Superintendent or were you ever in the construction business? A. No. Q. So, you have no experience in construction then? A. I just worked along with Classic Pools — looking at jobs and stuff like that. I have no real experience in construction. Q. That may present a problem. A. Okay. Kyle Lantz: I searched the internet last night while I was reading this [information packet] and it brought me right to a Face Book page that said, "repair service." Jude Hubbard: It still said that? Kyle Lantz: Yes. Jude Hubbard: I thought I deleted it. I mean, I apologize — I ... Elle Hunt: It could be cached — did you google onto the Face Book page or did you just see the results of that? Kyle Lantz: I went to the Face Book page. Elle Hunt: Oli. Kyle Lantz: There were thirty pictures ... and one of the pictures had a sign that said pool/spa servicing — heating — or something to that effect. Reggie Smith: That maybe something that I overlooked myself. In your packets, there are arrows pointing to the areas referencing pool heating — those are the ones I was double-checking that had been removed. I am sure Mr. Hubbard is interested — will remove the remaining if we did find more... Jude Hubbard: Absolutely. Reggie Smith: I did want to reiterate that upon his removing all the advertisement— that basically abates the violation for us as far as why the Citation was issued. And if he was to obtain a State license, that's just ... positive progress. It's not what he needs to abate the violation. Chairman Joslin: I'm reading the case summary for the Citation which states: "07-07-17: Met with Mn Hubbard to issue a Citation, he advised he will be obtaining his State of Florida Certified Commercial Pool License very soon. Administrative Supervisor Jason Bridwell joined the meeting and advised he may contest the Citation by abating the violation upon obtaining his State licensure.,, That hasn't happened yet. Reggie Smith: That would be an incorrect statement in the narrative — I do apologize for that. With the system that we have — the software system called CityView — I'm not able to go back and correct my own narratives. I did see that and think it might come up today, but I'm not able to edit previous entries to complete the activity. But that would be an incorrect statement at this time. Jason Bridwell and I did discuss that after the August 16, 2017 fact. We dict agree that lie abated the violationjust by removing the advertisement. I'm surprised to hear that Mr. Lantz did find some additional advertisement pertaining to — you say there was a sign in a picture or something like that? Kyle Lantz: I'm not a "Face Book" person but there are a whole bunch of pictures — family pictures — and it looked like someone in a basement making a sign that looked like an advertisement. Jude Hubbard: I apologize — I didn't see that. Chairman Joslin questioned Mr. Hubbard: Q. Have you done any work outside the scope of your license> A. No. Vice Chairman Michael Boyd: So what you are telling us, Reggie, is that you feel it has been abated? Reggie Smith: With Mr. Lance's last statement, I'd like to see the Face Book page myself— I don't know — and leave this to the Board's decision. Elle Hurt: I'll show you. It's one picture — it's an older picture of yours (holding up her cell phone) — but it does have your logo on it. And it says, "Weekly maintenance, repairs, pool heating." Jude Hubbard: I see it. I apologize. Elle Hurt: It'sjust a photo. It doesn't show it under "Services offered." Reggie Smith: Are you trying to tell us it's not a printed text? Elle Hunt: It's not a printed text. It's a photo of printed text ... like signage. Reggie Smith: Obviously, that's something else he will have to remove. Elle Hunt: Yes — he has a couple of them with different logos but only one that claims the services that he cannot perform. Chairman Joslin asked Everildo Ybaceta, Contractors' Licensing Office Supervisor, for the County's recommendation. To abate the Citation, the advertising was to have been removed, but it has not. Will he be given a time limit to do it? Jude Hubbard: I can do it in two seconds. Everildo Ybaceta: We can continue this for thirty days — until the next meeting to make sure he does remove it. Jude Hubbard: I can't do it right now, but I will take care of that. Elle Hunt: He doesn't have verbiage anywhere on the site that says it. Reggie Smith: That's what I thought it was and I apologize. Matthew Nolton: It's just a photo — it's cache — it's left over. Elle blunt: It's like — when you set up a Face Book page, you pick out a variety of things to initially set up new business and - probably oversight - they didn't remove that one piece. Jude Hubbard: I see it right here. Elle Hunt: But I didn't see — there was nothing else talking about services like that at all. At least, not currently. Kevin Noelle, Assistant County Attorney: The difference between what he was cited for in our packet is what is before the Board today. So, that [language] has been removed and it has been confirmed. That's the issue before the Board. August 16, 2017 Chairman Joslin; _Okay._ Jude Hubbard: If you want to check it again, I just deleted it. Chairman Joslin: hi all honesty, we would like to see it removed. Assistant County Attorney Noelle: If there are additional violations, then certainly, the Investigators will do their part to give him due process challenge any additional advertising that is not allowed. Chairman Joslin: Okay. Elle Hunt: (Holding up her cell phone) "Photos are no longer available." So, it has been removed. Reggie Smith: I would just like to make sure that Mr. Hubbard understands there are no other forms of advertisement allowed — business cards, vehicle magnets — anything like that. I know we've already talking about this. He expressed to me that he doesn't have those items out there. Chairman Joslin moved to approve dismissing Citation #14982 due to abatement of the violation by removing the advertising fronn the Face Book page. Jed Schenck, Esquire, Attorney for the Board: Procedurally, for the purposes of the motion, I would request that the language be withdrawn. You can make a Finding that the violation was abated but the Ordinance doesn't necessarily apply to State licenses. The abatement language only applies to County -issued Certificates of Competency. Technically, we cannot abate the application process through the County but you can find an abatement and withdraw the Citation. Reggie Smith noted it is a County -issued license. He confirmed Mr. Hubbard was not yet the holder of a State license. His status is "eligible for the exam." He clarified that Mr. Hubbard was the holder of a Collier County -issued Pool Cleaning license. He further stated: In our office, we use the word, "abate" — he "abated" the violation. Elle Hunt: What our attorney is saying is that we have procedural requirements and we need to leverage those and abatement isn't a procedural requirement for this particular matter at hand. Attorney Schenck: The abatement of the violation is fine. But as far as, procedurally - wise, technically, for removing the citation, I would use the language withdrawn — "I withdraw the Citation due to abatement." Chairman Joslin moved to approve withdranvintg Citations #14982 due to abatement. Elle Hunt offered a Second in support of the »notion. Motion carried, "S—Yes"/1— "No." Matthen,Nolton was opposed. Chairman Joslin noted the terminology was confusing and had not been used in the past. August 16, 2017 C. Dawn Kuypers — Review of Credit (d/b/a "Harrock Services, LLC. ") Chairman Joslin noted there were some issues on Ms. Kuyper's credit report and asked her to provide the Board with a synopsis of the derogatory items. Dawn Kuypers: • Our house went into foreclosure but we are in the process of getting it back. We have already made an agreement with the bank, we have gone through the trial period and are waiting for the final mortgage to come back through. • A couple of years ago, when we weren't making enough money, we were going to file for bankruptcy but we decided not to follow through with that and we are trying to work out our credit by ourselves. Chairman Joslin asked Ms. Kuypers if she could provide any documentation that she was working with her bank to modify or re -issue a mortgage. A. I didn't bring anything with me. We are working with the Bank of America ad went through the trial period. Since July 16`11, Batik of America sold the mortgage to CPS and they are following through with the same thing. We just made the last payment to them and they are going to send us a new mortgage. They said in the next six weeks. Chairman Joslin stated he wished to disclose that he knows Kevin Kuypers very well. (Kevin is the Applicant's son.) Dawn Kuypers: You know there are two Kevin Kuypers. My husband's brother is with Neapolitan Pools. Chairman Joslin: That's who I know. Dawn Kuypers: He's my brother-in-law. Kyle Lantz questioned the Applicant: Q. I have a question because I am not used to see this before — on the credit report where it says, "bankruptcy dismissed" — I was under the impression that it meant you went through bankruptcy. Is that wrong? A. No, we decided not to follow through with the bankruptcy so they dismissed the case. We stopped the bankruptcy and we are working with our creditors by ourselves. Q. So, do you still owe Di-Ttech, Bank of America, and Calvary Port? Elle Hunt: Right now, it says that she has a twelve thousand — approximately- past due only on Bank of America. Di -Tech looks as if its current, Capital One looks as if its current; SYNCB was closed with a zero balance. Something at the very top of the page has a past due of $96.00. Kyle Lantz: So, "bankruptcy dismissed" means you still owe? Elle Hunt: Yes, because she didn't complete her bankruptcy. There is no outstanding bankruptcy. They are now doing their own credit management. Dawn Kuypers: Correct. And the twelve thousand that's outstanding is the reason why August 16, 2017 the house went into foreclosure. But we're working on that. It still shows as Bank of America, I believe, because maybe the paperwork hasn't made it through the system yet, but it has changed to CPS. Chairman Joslin: Bank of America sold the mortgage to CPS basically? Dawn Kuypers: Yes. Chairman Joslin: So now you're going to have to work with CPS to continue. Dawn Kuypers: Correct. Yes, I've already been speaking with them. Elle Hunt: The things that we want resolved to see who you talked to and what you w worked out regarding the bankruptcy. You also have a couple of collections — Capital One is in collection for $807.00 and Direct TV is in collection for $146.00 — so some type of resolution on those. They show as "currently owed and in collections" — and they affect your credit score. Dawn Kuypers: I'll have to look into Direct TV. Elle Hunt: And the other one is — the original creditor was Capital One for the $807 but it's now under Calvary Port. Dawn Kuypers: I just received a letter, so I'm ... Elle Hunt: Okay. Chairman Joslin: The normal procedure when someone comes in with a credit problem — and many people have that same issue — but what we look for is some type of written plan or proof that you contacted these people and have worked out a payment schedule with them ... something that shows us that you are paying off the debts that show as derogatory. At the moment, you have nothing. Noting the millwork that you have done, you are asking for a cabinet and millwork license to be granted. On the experience level, it doesn't show a lot of cabinet work that you have done. It shows the business portion of it but not really the whole picture. Dawn Kuypers: When I was in business, I mostly supervised — I didn't physically do stuff back in the `90s when I had the business. But I've seen people working — I can build a cabinet myself — I have the ability to put a cabinet together and install it. I can design it and do all of that just by working with them for the amount of years that I did. I also worked for Collier Builders for a long time — four years before we had the cabinet business. So, I am a little bit familiar with the building business also. Chairman Joslin: That's not really the issue that is here before us — the main issue is the credit. I would ask the Board for some input or should we table this and have her collie back with more information? Elle Hunt: Yes. I think she's going to have to come back. (To the Applicant) As you contact these people, you should get the agreement in writing and that is what we want to see — that these companies have agree to something with you and you now have a plan in place that will address the collections and the Bank of America or whomever is handling the mortgage issue. Dawn Kuypers: Okay. Matthew Nolton: Is there another possibility that we could make a motion that we would approve her application but she would have to provide that information to the County before they would follow-through with that? So then she wouldn't have to come before us again. 8 August 16, 2017 Kyle Lantz: I have a few more issues. Matthew Nolton: But she's only licre before us about the credit — right? Kyle Lantz: When I went through her application, I found some issues. Matthew Nolton: 1 guess we should ask Staff, then, if we can bring that up. Kyle Lantz: We have in the past — once we have the application. Elle Hunt: It's kind of an open book at that point. Chairman Joslin: Right. Matthew Nolton: Okay. Chairman Joslin (to the Applicant): I would say rather than open up what Kyle may be bringing out would be for you to make a decision — to withdraw this application and then in maybe thirty days comes back — to contact your creditors ... Elle Hunt: Well, either way, she's going to have to come back. There is no way we are going to resolve this in thirty or sixty or ninety days. It's not going to be paid off. So, she's going to have to come back. Kyle's concerns will apply in thirty days. Kyle Lantz: One issue that I have is now that you have a Workers' Comp exemption for yourself — in the packet, it states your husband is your partner — so I want to see either a Workers' Comp policy or a Workers' Comp exemption for your husband because I'm going to assume it's not just you — you are a 50/50 partner with your husband? Dawn Kuypers: Yes. Kyle Lantz: We need something for him — to show Workers' Comp coverage for him. And more important for me than the credit is actual physical experience doing the work because I hate coming to a job and having a Qualifier who knows nothing about the trade and who is the Qualifier for the company. Even if you have been a professional engineer for twenty-five years, if you want to become a General Contractor, you need to have done the work — not just the design. And that should apply all the way down. I want something to prove to us that you know a bit about cabinets and millwork. It's more than just the business aspect and it's more than just overseeing it. I need something to reassure me that you're a Cabinet and Millwork Contractor — not just that you've scheduled people and you've ordered the material. I want to know that you know how to do the take -offs, how to design cabinets, what fillers are, and what angles to cut stiff at — I want to know that you know you are a Cabinet and Millwork Contractor. Dawn Kuypers: Okay. Kyle Lantz: And so, when the time comes if you don't have it documented, that's okay. I don't know about anybody else but me, personally, I'll be asking you lots of questions if you don't have it documented to prove to me that you understand the trade, more than just the business aspect. Dawn Kuypers: Okay. Elle Hunt: I know there was something in the packet about the Business and Law exam score but is there a trade test for this license? There is not. Okay, thank you. Gary McNally: I'm going to echo Kyle. I am interested in both the credit issue where we can see the documentation but I'm also interested in the actual experience that you had and document said experience. I just want to bring up — if she hasn't anything on this credit and won't receive the paperwork for roughly six weeks which she indicated August 16, 2017 for the mortgage — even if she were to contact them, stie's not going to have anything in her hand to show the transfer in the thirty -day time frame. I'm wondering if we couldn't push it out to sixty days only because site won't have the paperwork available to her to present to us. Kyle Lantz: I think if she has some kind of paperwork that shows that stie's in connnunication with them — even if it's not finalized — the fact that she's working on it.. Gary McNally: Yes, okay. I was concerned that we wouldn't have given her ... Kyle Lantz:... obviously the mortgage she won't have but if she doesn't have it all in thirty days, she's more than welcome to extend it longer. Gary McNally: Okay. Chairman Justin: Since there is going to be a switch of mortgage companies, it will take time for the paperwork to go through but she'll have something from the other mortgage company — they are not going to wait too long for their money. Gary McNally: I agree with that. Thank you. Elle Hunt: I would like some understanding from the County on your approval, with the exception of the credit, of the license. My understanding is that she is not here for us to review her experience. I would like some clarification on how the County validated that her experience met the criteria of license. Kyle Lantz: There is a signed affidavit that says she worked for somebody for two years. Elle Hunt: And that's enough? Two years of working for somebody — that's currently what the County requires? Everildo Ybaceta: Yes. Elle Hunt: And there's no validation —just that signed affidavit? Everildo Ybaceta: On occasion, we do call them — the companies. Elie Hunt: Okay. Just to verify that it was them and it's correct? Okay. But that is all that we look for? We don't ask any qualitative questions or any additional information beyond that? Everildo Ybaceta: No, ma'am. Elle IIunt: Okay. Thank you. Vice Chairman Michael Boyd questioned the Applicant: Q. Was your husband licensed previously? A. No. Chairman Joslin questioned the Applicant: Q. You said you had a cabinet license before or you were in the cabinet business? A. I was in the cabinet business with two other people. I was a partner and then had a cabinet license for a couple of years at the end of the `90s — Shoreline Cabinets of SW Florida. Q. You have been licensed before? A. Yes. Elle Hunt: Here in Collier County? A. Yes. August 16, 2017 Matthew Nolton: This license — the same license that you are applying for? A. Yes. Matthew Nolton: Well then that changes everything. A. Well we decided to quit the business. My husband went back to work for a builder for quite a few years. We decided to try again. Right now, we have a home watch business and I currently work for Publix part-time to help make ends meet. As we are getting clients for the home watch business, we are seeing the need for a cabinet business rising a lot. So that's the reason why we decided to do this again. Kyle Lantz: And the license was in your name? A. Yes. Chairman Lantz: I -low long ago was that? A. '97 or '98. Q. And you just let you license lapse? A. Yes. I didn't realize that I should have ... Q. Put it dormant? A. Yes. Matthew Nolton: The affidavit that's in here from The Monorca Construction Group, Inc., says you have experience in the construction and installation of cabinets, and the installation of baseboard and crown [molding]. Is that what you physically did? A. Yes, I did that, yes. Kyle Lantz: How do you cut your crown molding? Do you cut it at an angle or do you cut across? A. At an angle. Vice Chairman Boyd: Based on the fact that she's had a license previously, I think we should consider giving her a probationary license until she can come back in thirty or sixty days to prove that she's working on her outstanding bills because we have approved people for probationary licenses with a lot more credit issues than she has. She has just one or two outstanding and we've seen people with ten or twelve. Chairman Joslin: And considering that's she's working on them already ... if the Board approved it, it could be done I'm sure. Kyle Lantz: The only question I have -- typically, when there is an expired license, there is a different set of fees and you end up paying a lot more money for letting your license expire — although I don't agree with those fees that is the process that happens, - - So would her fees be changed? Everildo Ybaceta: We will not charge the reinstatement fee. Elle Hunt: Even though it's fifteen plus or twenty years ago? Ilow far back do you go for the reinstatement fees? Everildo Ybaceta: Three years. Kyle Lantz: And I'd still like the see the Workers' Comp policy for your husband. Dawn Kuypers: Okay. August 16, 2017 Kyle Lantz: I mean — I don't have to physically see it ... Dawn Kuypers: I have a paper I can bring in and the policy also. Kyle Lantz: You have a Comp policy as well as an exemption? Dawn Kuypers: I have a General Liability. Kyle Lantz: Workers Comp is different than General Liability. Darn Kuypers: I have both. Kyle Lantz: Okay. Elle Hunt: Does the County have a recommendation to make? Everildo Ybaceta: No. Kyle Lantz: Have you verified that she had the Shoreline Cabinetry? Everildo Ybaceta: Yes. It appears to be correct. Elle Hunt: It was twenty years ago. Chairman Joslin: It may not be in the system anymore. Everildo Ybaceta: The County has two or three systems for paperwork. Elle Hunt: Yes — don't worry about it. Chairman Joslin: I think, under the circumstances, that would — to the Board's satisfaction — probably account for the experience factors ... because she has been in business before. So "experience" would be out of the picture as far as what we require or asked her for. The only question that we still have is the credit situation — with the contacting of the creditors. So one of two things, I guess, either we grant the license on a probationary period and have her bring those things in, or she can withdraw her application until she gets the information and comes back before us, or she could probably take it to Staff. I assume that would be the best way to do it. Dawn Kuypers: I would like not to withdraw — I would like to conic back in thirty days with whatever I can accomplish. Chairman Joslin: Okay, then, the best way to do it would be to withdraw and then conic back in thirty days with the information and we will look at the whole packet. If you bring in the information, you will probably walk out with a license. Dawn Kuypers: Okay. Chairman Joslin: Rather than to go through the proceeding now — unless we try to put you on a probationary period for thirty days. Can you have this information in thirty days — that's the question — because it may take longer. Dawn Kuypers: I have already received paperwork from CPS so I'm sure I can get something from them stating that we're working together on my mortgage. Chairman Joslin: Okay. Dawn Kuypers: And the other two shouldn't be any more than a phone call and the paperwork sent — to make sure that I have the paperwork in hand when I come back. Everildo Ybaceta: Instead of thirty days, I would give her a little longer — sixty or ninety days I don't think thirty days is enough time to put everything together - Chairman Joslin: So, if we give her ninety days to bring the paperwork back to Staff? Everildo Ybaceta: Yes. Chairman Joslin: And then Staff can make the determination — if it is sufficient? And in the meanwhile, she can have a temporary license during the probationary period? Everildo Ybaceta: Yes. Chairman Joslin: And after ninety days, it would become a full license? 12 August 16, 2017 Everildo Ybaceta: Yes. I don't think that thirty days is enough time to improve he]- credit ercredit score. Elle Hunt: I don't think her credit score will improve that much. Elle Hmet moved to approve the application of Darvn Kmypers for u Cabinet and Milhvork Contractor's License on a probationary basis for ninety days. She is to bring proof to the County that she haus an agreement to address the Calvary PortlCapitaul One collection in the aneount of $807.00, the Diversified/Direct TV collection in the amount of $146.00, and the Batik ofAmnerica mortgage regardless of rvho currently owns itfor approximately bvelve thousand dollars. Elle Hunt explained to the Applicant: We are expecting to see a written agreement from them stipulating the terms agreed to on those items. Kyle Lantz added: As well as Workers' Cornp. As well as a Workers' Comp policy and any other insurance coverage that she has obtained for her husband and other employees. Dawn Kuypers: There are no others ... Elle Hunt: It's just to cover our bases. Dawn Kuypers: Thank you. Kyle Lantz offered a Second in support of the motion. Chairman Joslin noted there was a motion and a second on the floor. He asked if there was any discussion. Vice Chairman Boyd: Yes — the way I read the Direct TV ... it's been paid. Elle Hunt: It still shows as a collection ... Vice Chairman Boyd: It states, "Paid — Collection" right underneath "Direct TV" on the next line. Elle Hunt: Okay — paid ... collection. My mistake. I'm going to remove the requirement for the Diversified/Direct TV. Everildo Ybaceta: What about if she doesn't meet the criteria? Elle Hunt: Then the license will go into a suspended mode and she will have to appear before us to re -apply. Chairman Joslin asked Ms. Kuypers if she understood the motion and her response was, "Yes." Chairman Joslin calledfor it vote on the motion; Carried unanimously, 6 — 0. IX. OLD BUSINESS: (None) X. PUBLIC HEARING: (None) 13 August 16, 2017 VI. DISCUSSION: Chairman Joslin: We have information sent to us by Michael Ossorio, Director of Code Enforcement, concerning Soil Compaction and Tamping Licenses. I assume this is something the Board of County Commissioners has asked us to review and discuss? Everildo Ybaceta: Yes. Chairman Joslin: Who wants to give a synopsis on this? There are quite a few things on here that are confiising. The main one is that soil compacting and tamping normally, in my experience, has been done by a licensed engineer. Everildo Ybaceta: The tests are done by a geo-tech firm to make sure that it meets the criteria for compaction. I have been asked by the Commissioners and by my Supervisor to bring this to the Contractors' Licensing Board for discussion. The idea behind it is on residential properties, the specialty license of "tamping" for bringing up the house pads and also for bringing in the dirt and all the fill and the procedures that go along with it to set up the pads themselves. Kyle Lantz: Only for residential? Everildo Ybaceta: For residential, yes. Elle Hunt: So what kinds of problems have we been seeing in regard to complaints and lawsuits that would tie back to this — solving that problem? Everildo Ybaceta: In the past, from the discussions that have been had with DSAC ("Development Services Advisory Committee") and the CBIA ("Collier Construction and Building Association"), there have been pad failures. There will always be some type of pad failures due to human error — but it has been very minimal. I don't have specific numbers with me and I do apologize for that. It isn't something that has been available to me at this time. Elle Hunt: So when you ask us for a discussion — do you expect us to opine on anything? Everildo Ybaceta: Yes, definitely. Elle Hunt: What kind of opinion are you looking for — our endorsement? Everildo Ybaceta: Yes. Elle Hunt: Okay. Everildo Ybaceta: ... or whatever you feel might be pertinent to this. Part of the conversation that I've had in researching this, I reached out to ProV Testing is the only testing company that does this. On the second page of the document is the criteria that is used for the exam for the Soil Compaction and Tamping Engineering Contractor. The test has been used specifically in Miami -Dade County ... Elle Hunt: Who is "they"? Everildo Ybaceta: ProV Testing. ProV created this test specifically for Miami -Dade County because Miami -Dade County wanted to license the utility contractors that they were using for roadwork, for site development when it conies to government entities. The test is really not used for anything else, according to ProV. Chairman Joslin: For road work — that would be something that would be more so than residential. Everildo Ybaceta: Yes, sir. But that is the only ... Elle Hunt: It doesn't really apply to what you're asking us to ... Everildo Ybaceta: No, it does not. Elle Hunt: So it's irrelevant. Okay. 14 August 16, 2017 Everildo Ybaceta: But it is the only testing that we've found that does show up - as far as that goes. There is another license - it's the Excavation Contractor's License - that also does cover tamping but that's an excavator. They do have that already in their license criteria. Elle Hunt: Okay. Matthew Nolton: I'm still not clear what we're trying to do here. ProV is a company that creates tests - licensing tests. And what we're trying to do is change what tests that current licensees have to take? Everildo Ybaceta: To add a new category - a new specialty license of Tamping. Matthew Nolton: ... the specialty category of tamping. Everildo Ybaceta: Right now, Mr. Ossorio who prepared this document, is saying basically that we do have a specialty license and this would be a second one. Matthew Nolton: And this license is specifically for just what? Everildo Ybaceta: Tamping - the site preparation for house pads. Matthew Nolton: So the licensee would just be able to -not bring in the fill -just to come in and compact it? Kyle Lantz: Ile can already bring in the fill now - any trucker can bring in fill. Right? Everildo Ybaceta: Yes. Matthew Nolton: And any trucker can compact it right now. Everildo Ybaceta: Yes, sir. Matthew Nolton: And the County requires that testing be done to show that it has been compacted. Everildo Ybaceta: Correct. Elle Hunt: So that's already being done? Everildo Ybaceta: Yes, ma'am. Kyle Lantz: So do you guys do compaction tests? Matthew Nolton: Sure - engineering firms, we do compaction tests. Kyle Lantz: Do you see many failures? Matthew Nolton: We see failures that have occurred but the failures were back when different municipalities weren't clear on what they required for compaction testing and they were allowing it just to be the top rather than ... if you're putting in four feet of fill - they'd allow them just to test the top and say it's okay. That's not what the Code says and municipalities are starting to enforce that you have to compact all the way up. That has eliminated the failures that were occurring. You have to test every twelve inches now. And that's what the Building Code has always been. But back - several years ago - most municipalities were allowing them to come in and there were firms out there that were only testing surface and would call four feet of fill "good." They just tested the top twelve inches. I understand in my business that it is not allowed anymore - we've never done that - -anyway -we've always tested every single foot going up. But that's where the failures - occurred. It wasn't as if there wasn't testing being done ... it was that unscrupulous people, again, were trying to cut corners. It wasn't about licensing. Elle Hunt: Right. It was nothing that could have been regulated - right? Matthew Nolton: Those people - having another license - doesn't mean that they still couldn't get around the testing issues and the compaction issues. I know every excavator out there wants to bring in all the fill at one time and run his front-end loader over it and call it "good." That's what they want to do. 15 August 16, 2017 Chairman Joslin: Okay — one last question on the paperwork that we have here — it shows four different licenses ... do we need four different people to do this type of work? Everildo Ybaceta: The referenced licenses were included just to see some specialty licenses. Chairman Joslin: Okay — they are not the ones that are going to be ... Everildo Ybaceta: No. Chairman Joslin:... applying for this license? Matthew Nolton: They are just examples of specialty licenses. Everildo Ybaceta: Right. Chairman Joslin: Okay —last question then. What type of experience is someone going to have to be able to get this license? Are they going to have to be an engineer or have been hauling dirt forever or — I don't understand where the excavation is going to come in. Everildo Ybaceta: I believe that would be something that we would have to talk about in a future workshop. Chairman Joslin: Okay. Kyle Lantz: You have listed 130 or so companies. Are they people who are currently doing the work or think they might possibly do work ... ? Everildo Ybaceta: Some of them do have tractor services that — minor tractor services. There are some in there who are lawn maintenance people but just because we did the search and the word "tractor" — we basically just made a notation that they are minor types of services ... not that they are going to be able to do it. Kyle Lantz: So if they have been doing this for the last twenty years, now they need to get a license? If there are 130 people in there — what does it cost to get the license? $300? So that's a big chunk of revenue. Are we down that low in the County that we have to start regulating trades that haven't been regulated forever? Everildo Ybaceta: I can't comment on that. Matthew Nolton: And just to clarify —I think they already have licensed this —right? "Grading services" — they already have a license ... so we're going to require them to have an additional license? Elle Hunt: Aren't we already doing a Count}, test in order to ensure that ... Kyle Lantz: So they'd have to take a business test and an excavation test? Everildo Ybaceta: The business test would already apply. Kyle Lantz: Some of these tractor services — they are not Contractors — they are just business tax, so they are not in your system. They just walked into the Tax Collector's Office and got their zoning and paid their fifty bucks — right? Everildo Ybaceta: If they have not taken a business test, they would have to. Kyle Lantz: There are an awful lot of them that say, "tractor service" or "grading service." Those aren't licensed now — right? So it's $300 in revenue a year for the County which is a big chunk of change but think about the poor guy's pocket who has to pay the $300 every -- year, who has to pay a fee to take the test, and pay for the credit report. It's got to cost $1,000 to get a license, I would think. By the time you are done buying books and taking tests, that's — I don't know — that doesn't sound very business-ftiendly to me for something that we don't have a lot of... if it was something that was failing every day, I might think otherwise. Elle Hunt: And we already have County -required tests to solve for this. I'm not seeing — what are we trying to solve for? 16 August 16, 2017 Matthew Nolton: That has been my question — I am not clear on what we're trying to solve. Elle Hunt: What are we trying to solve forhere? Everildo Ybaceta: That's a good question. Chairman Joslin: Can we make it a "one-stop shop" where these tractor firms or people who are in the soil business can not onlyjust deliver the soil and grade it out, but they can do the soil test at the same time? Matthew Nolton: They will never be able to do the soil test because it has to be signed off by engineers. But for compaction — they currently do that now. Elle Hunt: They can already do that now — but they still have to get an engineer to ensure that it was done right. So additional licensing to ensure quality for the client is not going to be solved by this. The County already has a way to solve for qualitative issues. I am not seeing a qualitative impact that would require the additional bureaucracy of licensing as well as the additional business expense. I don't see it. Gary McNally: I have two really quick questions. First, has the County seen major issues with the pads on these homes? Everildo Ybaceta: Not that I know of, sir. Gary McNally: Not that you know of ... so there have been no actual, critical issues whatsoever so the County can't say ... "look at this ... look at that?" There's been none of that? Okay. My second question is — and Kyle just brought it up — if in fact you're going to impose $1,000 approximately on each and every one of these 130 people here, then that is, as Kyle said, that is not business -friendly to businesses in Collier County. My question is — in most cases — are you going to grandfather in each and every one of these businesses so they don't get clobbered with fees because they have been doing it already? You can't penalize them for not having a license for something they have been doing for twenty years. So in reality, if you're going to set up new rules, laws, and regulations — they need to be grandfathered in to the level of what they have already been doing. This to me, personally, is an unfriendly situation for the businesses here in Collier County. Chairman Joslin: You know, I have to say I don't know if I agree with that or not because a tractor service does not do tamping. Well, they do because their tractor runs over it. But as far as actually being a certified tamper — to come in and bring it to a certain level of compaction so you can go and test it — they don't. They bring in dirt and grade it to the specs according to what the engineer has set for the grade, and they move on. Elle Hunt: If it doesn't pass, there is already a means to ensure the quality of that work. There's already a means in place with Collier County in regard to engineer testing and this license doesn't require the engineering element of it. So it's not necessarily assuring us better quality or — it doesn't ensure the customer or Collier County residents any value from this license. - Chairman Joslin: It would mean bypassing an engineering firm no? — -- Elle Hunt: No — because that test is still required. So there's no bypass. This is — you still have to do the work ... you still have to get it tested ... but now you need a license to do the work before you get it tested. Matthew Nolton: Technically, it is the cross-over to a pool contractor who is now backfilling around a pool who would now need to have a tamping license so he could tamp the soil around the pool as he puts it back. See — there you go. 17 August 16, 2017 Elle Hunt: You know, I think the main question when we look for impact to a business is what kind of quality is it going to bring to the constituents of Collier County. Right now, Collier County can't articulate that. You can't express to us the monetary and qualitative benefits brought to Collier County residents because of this. My opinion would be not to institute a new Collier County license because we're not solving for anything — we're increasing spending by the County because now they are going to have to manage that as well as increasing spending by our Contractors while solving for nothing. Chairman Joslin: And putting another cost on them that ... Elle Hunt: Costs on both ends .. costs on the County and costs on the Contractor while solving for nothing that anybody can articulate at this point. Kyle Lantz: And, ultimately, it gets passed on to the consumer. Elle Hunt: Absolutely ... while not solving anything. Chairman Joslin: Are you asking this Board for a decision? Everildo Ybaceta: I was asking for a discussion — Elle Hunt: That's what I asked for upfront — do you want us to opine? Everildo Ybaceta: Yes. I wanted your opinion on it. I did bring it up to DSAC and also to CBIA. We asked for their opinions on this issue and it was met with the same ... Elle Hunt: `But" ?? Everildo Ybaceta: Yes, the same "but." Chairman Joslin: How did this come about? Just because of Miami -Dade County? Everildo Ybaceta: No, sir. Chairman Joslin: No? Everildo Ybaceta: It was a discussion the County Commissioners had on this issue. Matthew Notion: Seriously? How did they even know to bring it up for discussion when there haven't been any failures? Who put it in their ear — ProV? Everildo Ybaceta: I'm sorry — I can't — don't know. They were pretty much unaware of this until we contacted them. I am not sure how this came to be. Chairman Joslin: Well, I would say that that's the end of discussion for the moment. Now if you can bring us more information or possibly another avenue that we can look at that gives us a really good idea of why this should happen ... Everildo Ybaceta: I would ask for a workshop on this. Kyle Lantz: So do you want a motion from its to give our opinion, or is what you've gotten enough? Everildo Ybaceta: I think what I've gotten is good. Kyle Lantz: Okay. Elle Hunt: I would suggest if you're going to spend time and/or money, or whether it's individuals who are volunteering their time on some type of workshop, that you first articulate what you are trying to solve because I already see this as spending a great deal of - time solving for nothing You need to understand your end -goal— whether it's the County's end goal and why would you want to do this licensing. You may make $300 to $350 per year from it, but you're going to be spending more in the management of these licenses. Do we have a Cost/Benefit Analysis on this? These are things that need to be understood prior to spending a lot of time and money in a "workshop" to better understand how we would license it. Our first question should always be "Why?" 18 August 16, 2017 Chairman Joslin: Let me ask one last question since we have an engineer on the Board, when you do a compaction test now -are you doing it now in 12 -inch lifts where a tractor grader comes in and brings in dirt, lays it out and Matthew Nolton: That's the only way we've ever done it. Chairman Joslin: ... then you come in and you test it? Matthew Nolton: That's the only way we've ever done it. Chairman Joslin: So they tamp it again and you test it again? Matthew Nolton: Yes. Chairman Joslin: And then they put twelve more inches on ...? Matthew Nolton: They have to have passing tests and we have to actually sign off, and they have to provide that to the County before they can continue on. Chairman Joslin: So is this a way then to -maybe the Commissioners are thinking about trying to bypass or making it more efficient to happen? Because it if doesn't pass, they can do it again at the same time that they are putting the dirt in? Matthew Nolton: I don't see any change. Chairman Joslin: Is this engineer testing at each twelve -inch lift of ... Matthew Nolton: It doesn't matter if it's done as they are putting it on or if it's done afterwards - we make them dig down in spots and we test every foot. So they can put it all on at once, but we will make them dig down and test every foot. And if it doesn't pass, then it's their issue to compact it. Elle Hunt: It would be the same way for the Tamping Contractor - there's no difference. Chairman Joslin: Okay - so much for our discussion, right? Hope we helped you. Everildo Ybaceta: Thank you very much. Chairman Joslin: My last continent will be that I heard today that one of our Board members is about to leave us ... Gary McNally. Gary McNally: Yes, I am. Chairman Joslin: I just want to pass along that it has been a pleasure working along with you. Gary McNally: My pleasure, also. Chairman Joslin: From the time you got on the Board, you have been a good man. I don't know what the issues are - if you need a ride or something, I can pick you up. (General laughter) Gary McNally: No, it has a lot to do with ... my father-in-law just went into hospice at my house and he could be there for six months. My wife is going to have double knee surgery - - replacement surgery - at the end of September and I'm still trying to get my hand back from the elbow surgery that I had two months ago. So, with all of that stuff that is going on - family comes first. - Chairman Joslin: I'll go buy a van if that's what it takes. - - Gary McNally: Thank you. (Laughing) I have to say, I want to thank everybody here - it has been a real pleasure - both with the members of the Board and Staff- to be working with you. I have learned a whole lot about the process by being here and it's been a true privilege for me to be up here on this Board with everybody. And I want to thank you. Chairman Joslin: Thank you for being with us. R August 16, 2017 NEXT MEETING DATE: WEDNESDAY, SEPTEMBER 20, 2017 BCC Chambers, 3`d Floor — Administrative Building "F, Government Complex, 3301 B. Tamiami Trail, Naples, FL There being no further- business for the good of the County, the meeting was adjourned by order of the Chairman at 10:30 AM. COLLIER COUNTY CONTRACTORS' LICENSING BOARD RICHARD JOSLIN, Chairntan The Minutes were approved by the Chairman on _ "urs submitted" [_] - OR - "as amended" [ ] 20 2017, October 5, 2017 John Parker Oglesby 107 Hibiscus Street Everglades City, Florida 34139 RE: Contesting Citation(s) 14822,14824, 14826, 14827, 14828, 14830 Mr. Oglesby, You have been added to the agenda for the Contractor Licensing Board meeting on Wednesday, October 18, 2017. The meeting is held at 9:00am at the W. Harmon Turner Building (Bldg. F, Admin. Bldg.), 3299 Tamiami Trl. E., Naples, FL in the Commissioner's Meeting Room on the V floor. If you have any questions or concerns, please call (239) 252-2930. Sincerely, son Bridwell, Administrative Supervisor Collier County Contractors Licensing & Operations Regulatory Mgmt 2800 North Horseshoe Drive Naples, FL 34104 Growth Management Division' Planning & Regulation' 2800 North Horseshoe Drive' Naples, Florida 34104' 239-252-2400'v,,vvw.colliergov.net (,..e:.[j i Change of aoaress EHorde Folie Property Summary Fro rerty Deta%f F/- eri7al F,-L, o-,t �..Le rl;irr:er ��i�etel-�es T€iETt I�oi;ices E�:G�L �k4a'-" r Site 150 SMALLWOOD DR, f Searc[�t Database FL0R, DA (,..e:.[j i Change of aoaress EHorde Folie Property Summary Fro rerty Deta%f F/- eri7al F,-L, o-,t �..Le rl;irr:er ��i�etel-�es T€iETt I�oi;ices E�:G�L �k4a'-" Site 150 SMALLWOOD DR, f Searc[�t Database Parcel Na. 64716480002 Adr. CHOICOLOSKEE, FL 34,138 Lxen �� ciurEs ` ["'2 o / FLOYD, DANNY J=& LINDA C l"anc illle Per��r�-[ 8690 N 2400 RD Proper'y €VioL[Ie i.ctrne Aaricultural City THOMAS State OK Zip 73669 Matic fUaps ftifi ire Ttcfortnatloc�Acres Map No. Strap No. Section Township Range *Estimated C�nt�ct'Js 8F31 530500 31 53 30 0 1628F31 f 0re[.S r __j OUTDOOR RESORTS AT CHOKOLOSICEE ISL (CONDO) Legal 'LOT 162 Privacy Policy Milla e 216 Millacie Rates :➢ Area -10 - - *Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM Use Code 0 406 - MOBILE HOME 5.245 9.1702 14.4152' �tPct �al�c Hktesry -7016 Cartifiaci T;iv http://ww,A,.co11icrappraiscr.com/ 7/7/2017 h r� JI<' f_1' Ell F fill l�Ilw! pursuant to section 489 Florida S,am,cs, ii -JE udcisi a _c h�_-b;y cei2FIes that upon person -1 irvcct,gaaonht/she h s - ion 1,1 d proc LI, g_o .,a_. Lzl._"th t Oh- pti-sore whose oa_, e appca,s below as isstzd to rbid 6olatcLbsectiou 489127.(1) rlonda Scatues, au '11ECAI- Cc -t� Conu'�ctor' �-= -g Ord,n_-.c i a _^05=6 i' -)'he----pdrn) by � co ui�-ung t5=`solation sialc-d bdct.,c Month IDay ✓,. M E I Year (Time AS _ I Issued To Address /07 zMIXIS� city l�R/e��I6�T C/%State �° Zip Tele one No. I.D. Date of Birth � Vehicle Make/Type (if applicable) Year Color Tag No. L . tion of Violat/iPpn OPTIONS I have been informed of the violation for which I have been charged and elect the following option (Check one) ��,��>> 1) [1I choose to pay the penalty of $�� 2) El choose not to pay the penalty, and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board- Description oardDescription of Violation Date Violation Observed 7 a) ❑Falsely hold self or business organization out as a licensee, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof, e) []Use or attempt to use a certificate or registration which has been suspended or revoked; GC f) g Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days; h) ❑ Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the reaistratjon, is not duly certified or registered. S GNATURE ( IPIBNT) SIGNATURE (INVESTIGATOR) 0 ('s PRINT (RECIPIE NAME) PRINT (INVESTIGATORS NAME) Pursuant to 489-127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUN Ty CONTRACTORS LICENSE �_j 7 hh �ber. CEUL2,0 i 700 i 1000 Case Number CFUL20170011096 Case Type. Unlicensed Priority: Normal Inspector: JosephNourse Status. Citation Date & Time Entered: 6/29/2017 11:55:28 AM Entered By: JosephNourse Case Disposition: Unpaid Jurisdiction. Contractor's Licensing Origin: Complaint Detail Description: Citation 14830 Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 162 Chokoloskee FI. 34138 Location Comments: 150 Smallwood Dr. Lot 162 Chokoloskee FI. 34138 Folio 64716480002 Address 150 Smallwood DR, Unit:162 Property 64716480002 Property Owner FLOYD, DANNY J & LINDA G Violator Oglesby, John Parker Business Management & Budget Office 1 Desc Assigned Required Completed Outcome Comments Preliminary Investigation JosephNourse 6/27/2017 6/29/2017 Needs 6/27/17 Received complaint from Code Investigatio Enforcement of unlicensed / unpermitted n seawall demolition taking place at 150 Smallwood Dr, Chokoloskee FI. 34138. The site is the Outdoor Resort Mobile Home Park on Chokoloskee. On site investigation, I saw four RV Sites that were having new docks built, Lot 192, 193, 162, and 163. One of the four lot 192 had no sea wall or riprap at the water's edge. I met with Mr. Mark Dikeman the resort manager, he stated that John Parker Oglesby was the contractor doing all the dock work in the park. Database research shows that Mr. John Parker Oglesby is an Everglades City Licensed General Contractor, who is registered with the State of Florida RG0066874. A search of City View shows that no permits have been issued at any of the address/lots listed. See attached Photographs. Cont. Investigation JosephNourse 6/28/2017 7/5/2017 Complete Photographs were shown to Myron Jacobs, Chief Structural Inspector, he stated that permits were required. - Investigatio.n JosephNourse 6/28/2017 6/29/2017 Citation 6/28/17 1 contacted John Parker Oglesby (239 Required -695-1561) and requested a meeting on site. At our meeting I asked Mr. Oglesby about the work he has doing at lots 192, 193, 162, and 163, he stated that he was rebuilding the docks for the owners of those lots. I asked if there were any other lots in the park where he was working, and he stated that he was also rebuilding the dock for the owner at lot 242. See attached photographs. I informed Mr. Oglesby that each dock required permitting, and that he was not a licensed contractor, and could not apply for the permits. He stated that he was Registered General Contractor with the State of Florida. I informed him that his license was issued by Everglades City, and that it was only valid in Everglades City. I informed Mr. Oglesby that he should know this because he has been issued citations for unlicensed general contracting and commencing work without permits in the past. He stated that he knew, but was just trying to make a living. I informed Mr. Oglesby that I would be issuing him citations for unlicensed general contracting, and for commencing work without a permit at each lot where he was working. He stated that he understood. I posted stop work orders at each lot, and informed Mr. Oglesby that each citation would be viewed as a second offence, so his fines would be $2,000.00 each. He stated that he understood. Business Management & Budget Office 2 DeSC /assigned P.ecuired Compieted Outcome ( Comments y Issue Citation(Licensing) Josapl1l\11oursel G/2S/�OiI — -- /�J,/iU1�icuinplete — Ir suetCiiaii �Ial unlicc-n�cc� General Contracting 000.00 2nd Offence, Gene issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 162 Chokoloskee Fl. 34138. All reverse side information of the citation was explained to Mr. Oglesby he stated that he understood and signed for the citation. Citation Paid/Contested clements_k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed General Contracting Open 6/29/2017 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 3 7-4 t c P� 7 • G -t � '.�. _ F 'tom �.� +a�`�i, 2sy, r.yp�y'[. - e _ tfi �• `iy ♦ws`'�''. t _ W`1;0 F L 0 R D Flrop�ertNf Surnmant FPr,,pTrty Deta[[ ]r;trial FstfE t, --i 1 —es I FClCl1 —t,,l o 'C i —c� s I - FParcel No. 64716520001 Site 150 SMALLWOOD DR, 7s�arcl� �,Datbase Adr. CHOKOLOSICEE, FL 34138 ft L—1-1 9 ni C U —It L I —ra I Static =!Irlaps F�11-7re =L111comat'.11r, cortt&C'L Us Privacy Policy Name / SMITH, STANLEY K=&' NANCY J Address PO BOX 575 City FRANKFORT State IN Zip 46041 Map No. Strap No. Section Township Range Acres Estimated 8F31 530500 31 53 30 0 1630OF31 Legal OUTDOOR RESORTS AT CHOKOLOSKEE ISL (CONDO) LOT 163 Milla e 216 Millage Rates -0 Area -0 - *Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM. Use Cocle-0 406 - MOBILE HOME 5.245 .9.1702 14.4152 1;;tpr-t r .;dPr. Hilztnry 2016 CPrtifiArJ TAY http://ww,A,.collierappraiser.com/ 7/7/2017 PLu u nt to 5ecuon u89 Flondz St rue the undersigned 1-iereby ce ores that upon p-rsonel mve,ogatio he/sbc has ,ea50n2blc and prob bie grounds to believe thzt the pers, whose n_me appears below! as issued m, did violate subsection K09.127.(Q) Florida Statues, end ere Collier Count] Contractor's Licensing Ordinance No. 2006--16 (as may be anended) by viokoc" Month - Lay // I Yea�� ( Time IAM/ Issued To Mx&% IZI� Address 107 1—;11X .S'Cv,S QST — City,eV4' 004W/ ! � State Z` G Zip 3c Z Tele one No. I.D. Date of Birth 65--1IS4/ Vehicle Malcc/Type (if applicable) Year Color Tag No. Location of Violation Dr OPTIONS I have been informed of the violation for which I have been charged and elect the following option (Check one) 1) ❑ I choose to pay the penalty of $2.1 2) ❑ I choose not to pay the penalty, and will request in writing by certified mail or band delivery an Administrative Hearing before the Contractor's Licensing Board - Description of Violation Date Violation Observed , (� i a) DFalsely bold self or business organization out as a licensee, certificate bolder i or registrant; b) D Falsely impersonate a certificate holder or registrant; c) DPresent as his/her own the certificate or registration of another; d) D Knowingly give false or forged evidence to the Board or a member thereof, e) DUse or attempt to use a certificate or registration which has been suspended or revoked; �/j{yL�C�y�/Sj`/J `j 6 f) Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑Operate abusiness organization engaged in contracting after (60) days; h) ❑ Commence or perform work for which a building permit is required a i pursuant to an adopted state minimum building code or without such permit being in effect; i) D Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the revistrption, is not d* certified or registered (INVESTIGATOR) PRINT (RECIPIEYS NAME) I PRINT (INVESTIGATOR'S NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) C0LUER cOUN; r coni f qac ToRs LlcI"bs 17 Or" i G:1 i•i�ii /�(�f� C25e iIILATID& CrEUL��1017 01 109''i Case Dumber CEUL20170011091 Status: Citation Case Type. Unlicensed Date & Time Entered: 6/29/2017 11:32:15 AM Priority: Normal Entered By: JosephNourse Inspector: JosephNourse Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Citation 14828 Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr, Lot 163 Chokoloskee FI. 34138 Location Comments: 150 Smallwood Dr. Lot 163 Chokoloskee FI. 34138 Folio 64716520001 Address 150 Smallwood DR, Unit:163 Property 64716520001 Property Owner SMITH, STANLEY K & NANCY J Violator Oglesby, John Parker Business Management & Budget Office 1 Desc Assigned Required Completed Outcome Comments Preliminary Investigation JosephNourse 6/27/2017 6/29/2017 Needs 6/27/17 Received complaint from Code Investigatio Enforcement of unlicensed / unpermitted n seawall demolition taking place at 150 Smallwood Dr, Chokoloskee FI. 34138. The site is the Outdoor Resort Mobile Home Park on Chokoloskee. On site investigation, I saw four RV Sites that were having new docks built, Lot 192, 193, 162, and 163. One of the four lot 192 had no sea wall or riprap at the water's edge. I met with Mr. Mark Dikeman the resort manager, he stated that John Parker Oglesby was the contractor doing all the dock work in the park. Database research shows that Mr. John Parker Oglesby is an Everglades City Licensed General Contractor, who is registered with the State of Florida R00066874. A search of City View shows that no permits have been issued at any of the address/lots listed. See attached Photographs. Cont. Investigation JosephNourse 6/28/2017 7/5/2017 Complete Photographs were shown to Myron Jacobs, Chief Structural Inspector, he stated that permits were required. Investigation JosephNourse 6/28/2017 6/29/2017 Citation 6/28/17 1 contacted John Parker Oglesby (239 Required -695-1561) and requested a meeting on site. At our meeting I asked Mr. Oglesby about the work he has doing at lots 192, 193, 162, and 163, he stated that he was rebuilding the docks for the owners of those lots. I asked if there were any other lots in the park where he was working, and he stated that he was also rebuilding the dock for the owner at lot 242, See attached photographs. I informed Mr. Oglesby that each dock required permitting, and that he was not a licensed contractor, and could not apply for the permits. He stated that he was Registered General Contractor with the State of Florida. I informed him that his license was issued by Everglades City, and that it was only valid in Everglades City. I informed Mr. Oglesby that he should know this because he has been issued citations for. unlicensed general contracting and commencing_ work with but permits in the past. He stated that he knew, but was just trying to make a living. I informed Mr. Oglesby.that I would be issuing him citations for unlicensed general contracting, and for commencing work without a permit at each lot where he was working. He stated that he understood. I posted stop work orders at each lot, and informed Mr. Oglesby that each citation would be viewed as a second offence, so his fines would be $2,000.00 each. He stated that he understood. Business Management & Budget Office 2 Dc--sc Assigned Required Coinpleted, OutcorliE Con�ii�ents --� Issue- CilLation (Licens.mo) JosephNourse -� 5/26/20171 6/29/2017 Complete 6128/17 Issued Citation 1482E Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 163 Chokoloskee FI. 34138. All reverse side information of the citation was explained to Mr. Oglesby he stated that he understood and signed for the citation. Citation Paid/Contested clements_k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed General Contracting Open 6/29/2017 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 3 gem r zr: l: i. c �t - Y_ V � r � L ins, r Tom' AW F �! f a .� y -.,... ,�, __ �.^ T F �. l..: f . \' �r� r3 �ql +c. �� ' �v! i� � 6� [ i - - i - - __ _ �" f � ! ��.�. J �� ' .. � ! �1�;� - _iU ll�l`�� I' )sir-, �.i.i /, ��-•7 i-' Iir.'i (- _ - ' y' i F 0 „1 N tY,c Pale Property SCt'GllIl ar�' Propi_C�\, ice. (; Cs U'C !��sE �4LF11 fiE1" ( Fs r n f. [' 1��.�Gh G -S 1'[Cll I`C1 1LiCBC Parcel Ido. 64719680003 Site 150 SMALLWOOD DR, Searck, Da ab se A.dr. CHOKOLOSKEE, FL 34138 Gxen'e��icn_ Tangfil le F' t_rsoalal Frapet y F71,6,cb�te FAC=IlicL F—s7ta-11C !Ma=nformaCkm Contact Cis =,kS 0 Privacy Policy http://w,A,w.collierappraiser.com/ Idase / KBK PROPERTIES LLC Address 4692 BLUE PINE CIR City LAKE WORTH State FL Zip 33463-7277 Map No. Strap No. Section Township Range , Acres Acr`es sti SF31 530500 31 53 30 0 2428F31 Legal OUTDOOR RESORTS AT CHOKOLOSKEE ISL (CONDO) LOT 242 MiIIaae 216 Millage Rates 0 Area *Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM Use Code0 4 - CONDOMINIUM 5.245 9.1702 14.4152 I tact .alpe Hietrsry M11; C'artifiprl Tau 7/7/2017 u toy M,stication hc-Lhe has reasonaoIE and piobabk o,ounds tc d -t she ?E o hose me appears below ued as issto, did s�iolde <ubeecuon =f.S.� 27.(1), Flo-; idz arStztti mod the •. CoLlier Counry, Co,,ractor's Licensing Ordinance No. 2006-46 (as may be amended) by -_. C- Jii _'ll—o .lrIr "„ ✓ ( Awl/) 1 _Month (Da} T me Issued to 4f6—/ j3///V Address 07 City-ye<p/s rV �,r fr State Zip Tel hone No. I.D. Dat�Birtlh Vehicle Make/Type (if applicable) Year Color Tag No. Location of Violation e�� f )� �t/%w��a pi �%liaLd3/1� OPILO VS I have been informed of the violation for which I have been charged and elect the following option (Check one) 1) ❑ I cboose to paythe penalty of a` �� o e od 2) ❑ I choose not to pay the penalty, and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractors Licensing Board. Description of Violation Date Violation Observed/ — —AS--," 7 i a) ❑Falsely hold self or business organization out as a licensee, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) []Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof; e) ❑Use or attempt to use a certificate or registration which has been suspended or revoked; /45 � jSf,� �G fl Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days; h) ❑ Commence or perform work for which a building permit is requi^ed pursuant to an adopted state minimum building code or without su& permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the registr tion, is not duly certified or registered. { GNAT CIP ) IGNATURE (INVESTIGATOR) PRINT (RECIPIE 'S NAM PRINT (INVESTIGATORS NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes amisdemeanor ofthe second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNTY CON1RAC IORS UCE1",1SE C r Lf L.. (_V ff .'livU:' ! ��i Casa Nlumber: CEUL20170011105 Status: Citation Case Type: Unlicensed Date & Time Entered: 6/29/2017 1:06:06 PNI Priority: Normal Entered By: JosephNourse Inspector: JosephNourse Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description. Citation 14824 Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 242 Chokoloskee FI. 34138 Location Comments: 150 Smallwood Dr. Lot 242 Chokoloskee Fl. 34138 Folio 64719680003 Address 150 Smallwood DR, Unit:242 Property 64719680003 Property Owner KBK PROPERTIES LLC Violator Oglesby, John Parker Business Management & Budget Office 1 Inc--sc / ,signed Kcuucd 4 Completed Outcon-m Conimenis _:,pl Joni�'uurr�: r, i20/ U�7i ul[9JLUi% c GcrinpI-I_ I_ _ V �b0u, i,iIs�u�dUIiaiion 1 !0,2,1 Unlic`rise d General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 242 Chokoloskee FI. 34138. All reverse side information of the citation was explained to Mr. Oglesby he stated that he understood and signed for the citation. Citation Paid/Contested clements k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed General Contracting Open 6/29/2017 $0 Title Reason Result Compliance Fine/Day Condition Business Management & Budget Office 3 �i- F ' f _ � c t �T. _ MM �r -_ �f �,{ �� _ _ —_ _ _4. � `� �- =_ _ �: , a , �� . _ � - � �- �� g- I 2 cn .�, } \ } ( C. c;;Ernh�;uns lan�i[7fR Fers�nat Prop-rty MOL [C- Tome P.griculturat stack K/faps t1lO''E lI'I"iarri:a'ion CcYr�C2�cc CF.: Ur,�,s Privacy Policy http://www.coIlicrappraiser.cc)m/ ' II Property Suer mar�r Property Detail F-c- ria1 s1ke "Lines Fri rn k!uticcs Parcel No. 64717720004 Site 150 SMALLWOOD DR, Adr. CHOICOLOSICEE, FL 34138 Name / 1, RAMER, DOUGLAS Address LAURA [(RAMER JUVE 1518 160TH AVE City BEJOU State MN Zip 56516 Map No. Strap No. Section Township RangeAcres *Estimated 0OF31 530500 31 53 30 0 1938F31 Legal OUTDOOR RESORTS AT CHOKOLOSKEE ISL (CONDO) LOT 193 f\4iIIaate 216 Millage Rates 0 Area 0_ *Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM Use Code 0 406 - MOBILE HOME 5.245 9.1702 14.4152 I ;;tact c.alac Hictnry 2061 1;' C"artificmri Tau 7/7/2017 J -b FL rD.k M 1—H -1 -me ".f,ou /,,i 5f,in; e Gfs Maps Search Database c;;Ernh�;uns lan�i[7fR Fers�nat Prop-rty MOL [C- Tome P.griculturat stack K/faps t1lO''E lI'I"iarri:a'ion CcYr�C2�cc CF.: Ur,�,s Privacy Policy http://www.coIlicrappraiser.cc)m/ ' II Property Suer mar�r Property Detail F-c- ria1 s1ke "Lines Fri rn k!uticcs Parcel No. 64717720004 Site 150 SMALLWOOD DR, Adr. CHOICOLOSICEE, FL 34138 Name / 1, RAMER, DOUGLAS Address LAURA [(RAMER JUVE 1518 160TH AVE City BEJOU State MN Zip 56516 Map No. Strap No. Section Township RangeAcres *Estimated 0OF31 530500 31 53 30 0 1938F31 Legal OUTDOOR RESORTS AT CHOKOLOSKEE ISL (CONDO) LOT 193 f\4iIIaate 216 Millage Rates 0 Area 0_ *Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM Use Code 0 406 - MOBILE HOME 5.245 9.1702 14.4152 I ;;tact c.alac Hictnry 2061 1;' C"artificmri Tau 7/7/2017 OROYVTH„kfi/WAGEhfFl\)i !=(`,%14'f(i(I f /s`I6r)f,i .aonJ --we u ro h /sh h so bl Lad probable p-ounus to beheu hat the pc,son whose D--m- ppc-TbJo; zs i —d Icy d_c s o.Lie s-lcs_ction IL', 12i_(I), tdondz Stei,s, and u< Collier County Contractor's Licensing Ordinance is ?o, 2006-46 (as may be -mended) by mnnittin� t_h._ (.;alo;.;cn szt_dLela, Month IDE Yearl� I T e I AM(�1 Issued To Address A�1 7 Ax,&rcy 517— city %City / liednl_��l�s Cjy State Z-G Zip , �i/l� Tele hone No. I.D. Date of Birth I Vehicle Make/Type (if applicable) Year Color Tag No. Location of Violation OPTIONS I have been informed of the violation for which I have been charged and elect the following option (Check one) 1) 11I choose to pay the penalty of$2,,,o06,, 067 2) ❑ I choose not to pay the penalty, and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board Description of Violation Date Violation Observed 8 a) ❑Falsely hold self or business organization out as a licensee, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof e) []Use or attempt to use a certificate or-registration which has been suspended or revoked; f) ❑ Engage in the business or act in the capacity or a contractor ora vertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days; h) ;9 Commence or perform work for which a building permit is required s Pursuant to an adopted state minimum building code orwithout such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the r 'str 'on, is not dul certified or registered, 4 GNATURE CIPIEN IGNATURF (INVESTIGATOR) PRINT (RECIP S N PRINT (INVESTIGATORS NAME) Pursuant to 489.127, Florida Statues, willfiil refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUIIN IY CONTRAC 1 GPS LICENSE Case I,iumber CEUL20170011086 Status. CitatiG{F Case Type: Unlicensed Date & Time Entered: 612912017 11:20:42 ANq Priority: Normal Entered By: JosephNourse Inspector: JosephNourse Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint ffence, issued to Wo nd Detail Description CitatJohn' Parkeron 2(DBA) asencing indiv dualrwor'k ng outat 50 Smallwood Drout a Permit, $2,000.00 �Lot ®93 Chokoloskee Oglesby,3413 Location Comments: 150 Smallwood Dr. Lot 193 Chokoloskee FI. 34138 Folio 64717720004 Address 150 Smallwood DR, Unit:193 Property 64717720004 Property Owner KRAMER, DOUGLAS LAURA KRAMER JUVE Violator Oglesby, John Parker 1 Business Management & Budget Office Desc Assigned Required Completed Outcome Comments Preliminary Investigation JosephNourse 6/27/2017 6/29/2017 Needs 6/27/17 Received complaint from Code Investigatio Enforcement of unlicensed / unpermitted n seawall demolition taking place at 150 Smallwood Dr. Chokoloskee FI. 34138. The site is the Outdoor Resort Mobile Home Park on Chokoloskee. On site investigation, I saw four RV Sites that were having new docks built, Lot 192, 193, 162, and 163. One of the four lot 192 had no sea wall or riprap at the water's edge. I met with Mr. Mark Dikeman the resort manager, he stated that John Parker Oglesby was the contractor doing all the dock work in the park. Database research shows that Mr. John Parker Oglesby is an Everglades City Licensed General Contractor, who is registered with the State of Florida RG0066874. A search of City View shows that no permits have been issued at any of the address/lots listed. See attached Photographs. Cont. Investigation JosephNourse 6/28/2017 7/5/2017 Complete Photographs were shown to Myron Jacobs, Chief Structural Inspector, he stated that permits were required. Investigation JosephNourse 6/28/2017 6/29/2017 Citation Required 6/28/17 1 contacted John Parker Oglesby (239 -695-1561) and requested a meeting on site. At our meeting I asked Mr. Oglesby about the work he has doing at lots 192, 193, 162, and 163, he stated that he was rebuilding the docks for the owners of those lots. I asked if there were any other lots in the park where he was working, and he stated that he was also rebuilding the dock for the owner at lot 242. See attached photographs, I informed Mr. Oglesby that each dock required permitting, and that he was not a licensed contractor, and could not apply for the permits. He stated that he was Registered General Contractor with the State of Florida. I informed him that his license was issued by Everglades City, and that it was only valid in Everglades City. I informed Mr. Oglesby that he should know this because he has been issued citations for unlicensed general contracting and commencing work without permits in the past. He stated that he knew, but was just trying to make a living. I informed Mr. Oglesby that I would be issuing him citations for unlicensed general contracting, and for commencing work without a permit at each lot where he was working. He stated`that he understood. I posted stop work orders at each lot, and informed Mr. Oglesby that each citation would be viewed as a second offence, so his fines would be $2,000.00 each. He stated that he understood. Business Management & Budget Office 2 be�c h,ssigned Required CcrnMC-ted Comments Comrnenz Issue Citation (Licensing)Jose p hNourse 6/2UW20 i 7 6/29/2017 Complete Work \��Ithout(a Permit,$2,00�•ornrr' .ncirig 0.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 193 Chokoloskee FI. 34138. All reverse side information of the citation was explained to Mr. Oglesby he stated that he understood and signed for the citation. Cont. Investigation' JosephNourse 6/30/2017 6/30/2017 Complete E-mailed Case detail report to Jason Bridwell, Jonathan Walsh, and Myran Jacobs, referring permitting to Cade. Citation Paid/Contested clements_k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments Commencing Work Without A Permit Open 6/29/2017 $0 Title Reason Result Compliance ( Fine/Day I Condition 3 Business Management & Budget Office i i �. cti , tc, :,ec is 1 io �u ,civics, ure undtlsgneu hercbg certibes that upon personal i tn,csu ation, he/she has reasonable and probable grounds to believe Lhat the person wbose name appc�s below as issued to, did wiolate subsection �89.127.(I), Flonda Statues, and Liae Collier CouDty Contractor's Licensing Ordinance No. 2006-46, (as may be ane�ded) by cnr'—rwng tLe-•-ini _flora Month IDay LY .117 I Ti ne y5- Issued To 7F/r/ Address /If:P7 IIIM eC ,-,5 77- Ci T Ci%State Zip Telephone No. I.D. Date of Birth Vehicle Make/Type (if applicable) Year Color Tag No. Location of Violation OPTIONS Gni J13 I have been informed of the violation for which I have been charged and elect the following option (Check one) 1) ❑ I choose to pay the penalty of $� j:5 _Cr V 2) ❑ I choose not to pay the penalty, and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observed -Z5 / 7 a) []Falsely bold self or business organization out as a licensee, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof e) []Use or attempt to use a certificate or registration which has been suspended or revoked; f) Engage in the business or ad in the capacrty of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days; h) ❑ Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or without such permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the reg�eltratip, is not duly certified or registered. (INVESTIGATOR) PRINT (RECIkE NAME) PRINT (INVESTIGATOR'S NAME) i Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) ; COWER COUNTY CONTRACTORS UCFf',JSE i Li_.L / /20'17 9: i2:16 L`Mt Cis ! urnL�--. CEUL201700110 8 Case Number. CEUL201 7 001 1083 Status: Citation Case Type: Unlicensed Date & Time Entered. 6/29/2017 10:53:06 QM Priority: Normal Entered By: JosephNourse Inspector: JosephNourse Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description: Citation 14826 Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 193 Chokoloskee FI. 34138 Location Comments: 150 Smallwood Dr. Lot 193 Chokoloskee FI. 34138 Folio 64717720004 Address 150 Smallwood DR, Unit:193 Property 64717720004 Property Owner KRAMER, DOUGLAS LAURA KRAMER JUVE Violator Olgesby, John Parker Business Management & Budget Office 1 Desc Assigned Required Completed Outcome Comments Preliminary Investigation JosephNourse 6/27/2017 6/29/2017 Needs 6/27/17 Received complaint from Code Investigatio Enforcement of unlicensed / unpermitted n seawall demolition taking place at 150 Smallwood Dr. Chokoloskee FI. 34138. The site is the Outdoor Resort Mobile Home Park on Chokoloskee. On site investigation, I saw four RV Sites that were having new docks built, Lot 192, 193, 162, and 163. One of the four lot 192 had no sea wall or riprap at the water's edge. I met with Mr. Mark Dikeman the resort manager, he stated that John Parker Oglesby was the contractor doing all the dock work in the park. Database research shows that Mr. John Parker Oglesby is an Everglades City Licensed General Contractor, who is registered with the State of Florida RG0066874. A search of City View shows that no permits have been issued at any of the address/lots listed. See attached Photographs. Cont. Investigation JosephNourse 6/28/2017 7/5/2017 Complete Photographs were shown to Myron Jacobs, Chief Structural Inspector, he stated that permits were required. Investigation JosephNourse 6/28/2017 6/29/2017 Citation 6/28/17 1 contacted John Parker Oglesby (239 Required -695-1561) and requested a meeting on site. At our meeting I asked Mr. Oglesby about the work he has doing at lots 192, 193, 162, and 163, he stated that he was rebuilding the docks for the owners of those lots. I asked if there were any other lots in the park where he was working, and he stated that he was also rebuilding the dock for the owner at lot 242. See attached photographs. I informed Mr. Oglesby that each dock required permitting, and that he was not a licensed contractor, and could not apply for the permits. He 'stated that he was Registered General Contractor with the State of Florida. I informed him that his license was issued by Everglades City, and that it was only valid in Everglades City. I informed Mr. Oglesby that he should know this because he has been issued citations for unlicensed general contracting and _ commencing work_ without permits in the past. He stated that he knew, but was just trying to make a living. I informed Mr. Oglesby that I would be issuing him citations for unlicensed general contracting, and for commencing work without a permit at each lot where he was working. He stated that he understood. I posted stop work orders at each lot, and informed Mr. Oglesby that each citation would be viewed as a second offence, so his fines would be $2,000.00 each. He stated that he understood. Business Management & Budget Office 2 Dcsc I (,'signed Required I Completed, � Outcome Con'ii-nents ssue Citation (Licerising) 10scpl-INOUise G/2800-1 6/20/Ai'i7 Coinpleie 6/28/1 l Issued Ciia1tion'4826 UrilicErjscd $0 General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 193 Chokoloskee FI: 34138. All reverse side information of the citation was explained to Nr. Oglesby he stated that he understood and signed for the citation. Attach Picture(s) JosephNourse 6/29/2017 6/29/2017 Complete Cont. Investigation JosephNourse 6/29/2017 6/29/2017 Complete Cont. Investigation JosephNourse 6/29/2017 6/29/2017 Complete Citation Paid/Contested clements_k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments (Unlicensed General Contracting Open 6/29/2017 $0 Title Reason Result Compliance Fine/Day Condition Business (Management & Budget Office 3 i E-,- -��OWIRWMM T ' L yyy•��. + II T"" T i � I 1� l �A J I Ili 'L-.�,¢�LT � I �� v - 1 " • _ ,yi li r .I � • y .a1 ✓ r 1 v A�.z !if i ` �•' ��" �' _ ;-f Vit,->�� - i I 1 v _ r - x _ �c a - -tom=• -- _.-T__�. .__ � �- `_ .- - _,.-. - - ' L yyy•��. + II T"" T i � I 1� l �A J I Ili 'L-.�,¢�LT � I �� v - 1 " • _ ,yi li r .I � • y .a1 ✓ r 1 v A�.z !if i ` �•' ��" �' _ ;-f Vit,->�� - i I m t a ,iii:.; / 1 - �_�IeI,. I ;Itp zt galpc Hictcsry 7016 Cmrfifiar6 'fair 0 http://www.coIlierappraiser.com/ 7/7/2017 F;arrte Page Property 15unimary [Property Letaif f�Erlal P.bou.t l�.1.•e S[dr.ner ._[: tcFtes ma No iccs Fr1. �11111_apl _ �*; - -; 64717680005 Adr. CHOKOLOSKEE, FL 34138 E),ei-nintie'ns Name j FRAMER, DOUGLAS Address rzo;.iDA anc iC_Ir_ Pc-csc=nal I ;Itp zt galpc Hictcsry 7016 Cmrfifiar6 'fair 0 http://www.coIlierappraiser.com/ 7/7/2017 F;arrte Page Property 15unimary [Property Letaif f�Erlal P.bou.t l�.1.•e S[dr.ner ._[: tcFtes ma No iccs Fr1. �11111_apl _ Site -150 SMALLWOOD DR, Es,�Da-caba5e Parcel No. 64717680005 Adr. CHOKOLOSKEE, FL 34138 E),ei-nintie'ns Name j FRAMER, DOUGLAS Address anc iC_Ir_ Pc-csc=nal LAURIE 9UVE Prorerty PO BOX 880 k1mbile Home Agricultural City CHOKOLOSKEE State FL Zip 34138 Static f0aps 7—__ h�cre1: ormafiariAcres Map No'. Strap No. Section Township Range Estimated :C_:_r1ta-Ct E: 81`31 530500 31 53 30 0 192SF31 Lirtis OUTDOOR RESORTS AT CHOKOLOSKEE ISL (CONDO) Legal LOT 192 Privacy Policy Milla a Milla Rates 0 Area _ 216 Calculations 530500 - OUTDOOR Sub./Condo RESORTS AT CHOKOLOSKEE School Other Total ISLAND A CONDOMINIUM Use Code .0 406 - MOBILE HOME 5.245 9.1702 14.4152 I ;Itp zt galpc Hictcsry 7016 Cmrfifiar6 'fair 0 http://www.coIlierappraiser.com/ 7/7/2017 CITATION to C- c -CL �_' -I OiI��J �l = �� G J C -- ln\ 1,�.� gaup i huslie ns aason�bic �d p.uuaGtc t;cb— U name appears below as issued to, did golate subsection X89.127 (1), cloLda Scarves, and the Collier Count, Cootreetor's Licensing C)rdinznre No, 2006-6 (as nay be srnended) by ory i ng the vldztion stated bdo-,,� Gi ✓[i h2onth (< IDay oll I Yeah 1 I Tune Issued To 0646S.14i ��-4--1 ./.fix X � i Address -/6- 7 City Zip Telephone No.I.D. Date of Birth `S Vehicle Make/Type (if applicable) Year Color Tag No. Location of Violation tz— 4 OETIONS Z&r /9Z I have been informed of the violation for which I have been charged and elect the following option (Check one) 1) ❑Ichoose topay the penalty of$ 040®•G6' 2) ❑ I choose not to pay the penalty, and will request in writing by certified mail or hand delivery an Administrative Hearing before the Contractor's Licensing Board. Description of Violation Date Violation Observe • .� m - I7 a) ❑Falsely hold self or business organization out as a licensee, certificate holder or registrant; b) ❑ Falsely impersonate a certificate holder or registrant; c) ❑Present as his/her own the certificate or registration of another; d) ❑ Knowingly give false or forged evidence to the Board or a member thereof, e) ❑Use or attempt to use a certificate or registration which has been suspended or revoked; GG z f) I Engage in the business or act in the capacity of a contractor or advertise self or business organization as available to engage in the business or act in the capacity of a contractor without being dulyregistered or certified; g) ❑ Operate a business organization engaged in contracting after (60) days; h) ❑ Commence or perform work for which a building permit is required pursuant to an adopted state minimum building code or withoutlsurh permit being in effect; i) ❑ Willfully or deliberately disregard or violate any Collier County ordinance relating to uncertified or unregistered contractors. A person or business organization operating on an inactive or suspended certificate, or registration, or operating beyond the scope of work or geographical scope of the registr tion, is not duly certified or registered. GNATURE ( CIPIEN r^ SIGNATURE (aWESTIGATOR) PRINT (RECIPI TS NAME PRINT (INVESTIGATORS NAME) Pursuant to 489.127, Florida Statues, willful refusal to sign and accept this citation constitutes a misdemeanor of the second degree, punishable as provided in section 775.082 or 775.083 Florida Statutes. (SEE REVERSE FOR INSTRUCTIONS) COLLIER COUNT1 CONTRACTORS RACTORS LiCENSE- (� Cese ,ii ifiber CEUL.201700'11079 77 Case Number: CEUL20170011079 Status: Citation CaseType: Unlicensed Date & Time Entered: 6/2912017 10:12:17 AM Priority: Normal Entered By: JosephNourse Inspector: JosephNourse Case Disposition: Unpaid Jurisdiction: Contractor's Licensing Origin: Complaint Detail Description; Citation 14822 Unlicensed General Contracting $2,000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 192 Chokoloskee FI. 34138 Location Comments: 150 Smallwood Dr. Lot 192 Chokoloskee FI. 34138 Folio 64717680005 Address 150 Smallwood DR, Unit:192 Property 64717680005 Property Owner KRAMER, DOUGLAS LAURIE JUVE Violator Oglesby, John Parker 1 Business Management & Budget Office Desc Assigned Required Completed Outcome Comments Preliminary Investigation JosephNourse 6/27/2017 6/29/2017 Needs Investigatio 6/27/17 Received complaint from Code Enforcement of unlicensed / unpermitted n seawall demolition taking place at 150 Smallwood Dr. Chokoloskee FI. 34138. The site is the Outdoor Resort Mobile Home Park on Chokoloskee. On site investigation, I saw four RV Sites that were having new docks built, Lot 192, 193, 162, and 163. One of the four lot 192 had no sea wall or riprap at the water's edge. I met with Mr. Mark Dikeman the resort manager, he stated that John Parker Oglesby was the contractor doing all the dock work in the park. Database research shows that Mr. John Parker Oglesby is an Everglades City Licensed General Contractor, who is registered with the State of Florida RG0066874. A search of City View shows that no permits have been issued at any of the address/lots listed. See attached Photographs. Cont. Investigation JosephNourse 6/28/2017 7/5/2017 Complete Photographs were shown to Myron Jacobs, Chief Structural Inspector, he stated that permits were required. Investigation JosephNourse 6/28/2017 6/29/2017 Citation Required 6/28/17 1 contacted John Parker Oglesby (239 -695-1561) and requested a meeting on site. At our meeting I asked Mr. Oglesby about the work he has doing at lots 192, 193, 162, and 163, he stated that he was rebuilding the docks for the owners of those lots. I asked if there were any other lots in the park where he was working, and he stated that he was also rebuilding the dock for the owner at lot 242. See attached photographs. I informed Mr. Oglesby that each dock required permitting, and that he was not a licensed contractor, and could not apply for the permits. He stated that he was Registered General Contractor with the State of Florida. I informed him that his license was issued by Everglades City, and that it was only valid in Everglades City. I informed Mr. Oglesby that he should know this because he has been issued citations for unlicensed general contracting and commencing work without permits in the past. He stated that he knew, but was just trying to make a living. I informed Mr. Oglesby that I would be issuing him citations for unlicensed general contracting, and for commencing work without a permit at each lot where he was working. He stated that he understood. I posted stop work orders at each lot, and informed Mr. Oglesby that each citation would be viewed as a second offence, so his fines would be $2,000.00 each. He stated that he understood. 2 Business Management & Budget Office De c I ;assigned Rcquired Completed Outrorrw Comments Issue Citation (Licensing) JosephHourse WB/20'i7 b/29/2W7 Compleie 6/28/i7 Issued Cii�. ioii1�32L Unlicensed General Contracting $2 000.00 2nd Offence, issued to Oglesby, John Parker (DBA) as individual, working at 150 Smallwood Dr. Lot 192 Chokoloskee FI. 34138. All reverse side information of the citation was explained to Mr. Oglesby he stated that he understood and signed for the citation. Citation Paid/Contested clements_k 7/14/2017 Pending Violation Description Status Entered Corrected Amount Comments Unlicensed General Contracting Open 6/29/2017 $0 Title I Reason I Result I Compliance I Fine/Day I Condition Business Management & Budget Office 3 Aff 41 vi-7— t arc. tj-, t 1�.`�c�I r l� Z._� '��.lo -- - � �� I, I, � I,t. i' � l.:I (, i• � — ��;' _ Q '�"��• =�� -� I `ap Yv P "— ' i ✓ �;, - ,: h ' `�,� Y 1 �.,� Fes, � " tet_ _ '� � �f C ��➢J �•T �— \ - > r ,1 Y i x { _ a • 1' • µ . • � _ yam„ +.. +. .1Y`�� - � � _ y J C e 11 :. � i.•{ �� ,�.—�� .r��`€i_:: �,�--1:- y=am• �+ y� J' �y„f �, � _� +'7/�� 1 � ��`' y, Y � �� .,. "s..., �e tkl _axil X KV S i AAA f° Mg� '- of ,�%; .� �'" � a - � �"�,- • .. -, .` .dry • 'R ati r, _— LLj ff ;z- �cxf Growth Management Department I'lanliln'r & hcpu,txtio=1 Operations Division iJeclising Sec(ioll October 9, 2017 Marius Sacacian 280 29th ST NW Naples, Florida 34120 RE: Review of Application i.a.w. Section 22-183 (B) (1) of the Collier County Municode Mr. Sacacian, You have been added to the agenda for the Contractor Licensing Board meeting on Wednesday, October 18, 2017. The meeting is held at 9:00am at the W. Harmon Turner Building (Bldg. F, Admin. Bldg), 3299 Tamiami Trl. E., Naples, FL in the Commissioner's Meeting Room on the 3'd floor. If you have any questions or concerns, please call (239) 252-2930. Sincerely, ason Bridwell, Administrative Supervisor Collier County Contractors Licensing & Operations Regulatory Mgmt 2800 North Horseshoe Drive Naples, FL 34104 Growth Management Division•Planning & ReguIationr2800 North Horseshoe Drive -Nap les, Florida 34104`239-252-2400'vnvw.coI liergov.nel GNID Operations & Regulatory Management Licensing Section 2800 North Horseshoe Drive G 2;cn _ —'s" Naples, FL 34104 a®1 q ; C1q LAI APPLICATION FOR COLLIER COUNTY/CITY OF NAPLES/CITY OF MARCO FIRM INSTRUTIONS: This application must be typewritten or legibly printed. The application fee must be paid upon approval and is not refundable. All checks should be made payable to: Collier County Board of County Commissioners. For further information, consult Collier County Ordinance No. 90-105, as amended. NAME OF COMPANY: ol�� N�p+�� T' 1e, k- Law'ke Lc. Exact Corporate/Business Name: Fiction Name/ DBA: { Qualifier Name: qq1 t C� i Cts CLG OC a`n Physical Address: (Number & Street) (City) (State) (Zip Code) Mailing Address: S� ✓1t� — (Number & Street) (City) (State) (Zip Code) Telephone: A3 1p _a q 3_ —qce'l E-mail: CHANGE UN' S1A1 U6: ( ) Reinstatement ( ) From One Business to Another Page I of 4 Electrician $230.00 General $230.00 Air Conditioner $230.00 Building $230.00 Residential $230.00 Mechanical $230.00 Roofing $230.00 Specialty Trade: 4 t �2�– Y�lo ILb�2 CHANGE UN' S1A1 U6: ( ) Reinstatement ( ) From One Business to Another Page I of 4 Electrician $230.00 Plumber $230.00 Air Conditioner $230.00 Swimming_ Pool $230.00 Specialty $20S.00 ( ) Dormant License to Active TN 78 T { 1 MAY 17 2011 y........................ The � names; titles, homeeaddress and'phone nunbers of all Offices/Managing Members of the Firm. ¢" larl(.f.; acacrcm �0 a 2. List all businesses, firms, entities or contracting businesses you have been associated with during the last ten years (i.e. held a license for or been a partner). Attach extra pages if needed. P-C�r w , i -c c-- 3. List all debts you or any company(s) associated with you tha you efused to pay and the reasons for the refusal to pay. Attach extra pages if needed. Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. �( Authorized Officer of the Firm State of Florida County of &' "J, The foregoing instrument as acknowledged before me this n,2/ t (Date) by Xlc,-j-,ils who has produced -a-w'r (name of person acknowledging) (type of identification) as identification and did not take an oath. Rr p4Anna S. Gionet n P�3eS SEAL State of Florida MY COMMISSION # FF 237304 int= �Q Expires, September 24, 2017 (31GNATURE OF NOTARY) Page 2 of 4 .flD 14" AFFIDAVIT Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. �( Authorized Officer of the Firm State of Florida County of &' "J, The foregoing instrument as acknowledged before me this n,2/ t (Date) by Xlc,-j-,ils who has produced -a-w'r (name of person acknowledging) (type of identification) as identification and did not take an oath. Rr p4Anna S. Gionet n P�3eS SEAL State of Florida MY COMMISSION # FF 237304 int= �Q Expires, September 24, 2017 (31GNATURE OF NOTARY) Page 2 of 4 QUALIFIER INL+ORIA 1ATION: Name: Address: 2-P ( AM (Number & Street) (City) . 3({f2n (/-Ip Lode) Telephone: oGs"t — �2q 3 ` Date of Birth: SS#: XXX -XX- ( E-mail: ftanbS. 4 IC �CJx_ .Cb ak Driver's License #: LAST FOUR # ONLY 1. Type of Certificate of Competency for which application is made. TI' Le 4- /tta1_,04�-- 2. The names and telephone numbers of two persons who will know your whereabouts. '-On,,,q Sacotda t 234- 3. Have you ever been convicted of a crime related to Contracting? (If yes, attach extra sheet with explanation.) M 4. Have you or any firms you have been associated with ever filed bankruptcy? 5. List all debts you or any company(s) associated with you that you refused to pay and the reasons for the refusal to pay and reasons why. T ar, Ll -w 0012 - au C -1-6� � 0 C l� � e- � �p (I d v � 6. List your business or work experience during the last ten years. 7. Statement of any formal training you have had in the area for which the application is made. 3 of 4 AFFIDAVIT The undersigned hereby makes application for Certificate of Competency under the provisions of Collier County No. 2006-46, as amended, and under penalties of perjury. I declare that I have read the foregoing qualifier information and that the facts stated in it are true. The undersigned hereby certifies that he is legally qualified to act on behalf of the business organization sought to be licensed in all matters connected with its contracting business and that he has full authority to supervise construction undertaken by himself or such business or organization and that he will continue during this registration to be able to so bind said business organization. The qualified license holder understands that in all contracting matters, he/she will be held strictly accountable for any and all activities involving his license. Any willful falsification of any information contained herein is grounds for disqualification. P gt4v S Applicant (please print) Q Name of Company Signature of Applicant State of Florida County of COGG/EQ The foregoing instrument as acknowledged before me this S/Z� 7 (Date) by MSR iUs SAGAG/AN who has produced fmkl/ '4 ORI UdRs G/G (name of person acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL Armand lUkrams Notary Fubllo 4 or 4 State of Florida My Commission Expires 06/30/2015 Commission No. FF 296835 AA (SIGNATURE OF NOTARY) GI T S, LLC Examination Operations Division Providing the services and products to assist Government Agencies to make Informed educated decisions. Official Examination Score Report Official Score Report: Candidate Information: Name — Marius Sacacian Candidate #: 06828950S Testing Site: Fort Myers, FL Final Score Result: May 8, 2017 Business Procedures Tile and Marble Contractor Score: 82% (04/29/2017) Score: 84% (03/08/2017) Thane results renre.sent the oracle that has been achieved on the above named examination(s) administered by Gainesville Independent Testing Service for Collier County, Florida. If you have any further questions, please do not hesitate to contact us. Sincerely, Tc D.............i.:.. a.... Jay B. DU N'GLl 1JLG1 President PO Box 831127 Ocala, Florida 34483.1127 — Voice (352) 369-GITS - Fax (352) 387-2443 800 997 2129 TION OF GMD Operations & Regulatory Management Department Licensing Section 2300 N. Horseshoe Drive Naples, FL 34104 Applicant's Name: 1" a, - t U S ca'caa Q ov 11 Certificate Category Requested: T'l l e t` The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the follow information: Name: L / t i1 `Q.(-aU' a r% Title: { ^' License Number (if �ap,,pli�c/able):,L�� t� Name of Business: r�%� _ n.ia,� � / '� i 6— Business Business Address: LJ , N Pj1�/� Business Phone:?31p^ � 31' t(OPf The applicant's years of experience fromo<> ,co )t'o_ d�Olk The applicant's scope of work (specific duties) included: �)� iG�� 11✓� 9Y� l z7�(�l L Additional comments: Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the in it are true. State of Florida County of The foregoing instrument as acknowledc by V(11 S406 dOIV– (name of person acknowledging) as identification and did not take an oath. NOTARY'S SEAL that the facts stated Ve6�C before me this % 0 4L q)07 - who has produced h0 a j� L-41EPW (type of identification) aVP • JULIE MILLER (SIGNATURE OF NOTARY) Notary Publle • State of FlcTMy Comm. Expires Dec 19, �.� Commission # FF 07836 Bonded Through National Notary Assn.- Applicant's Name: OF CONSTR GMD Operations & Regulatory Management Department Licensing Section _ n 2300 N. Horseshoe Drive Naples, FL 34104 r (�; P -Al -I I Certificate Category Requested:(�u4 D Y The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the following informittion: C� ®�� Name: CL'gssl� STONC AE�`GN5� /'NC Title: C-o`QCA/7" License Number (if applicable):) Name of Business: Business Address: The applicant's years of experience fromt %to {lb The applicant's scope of work (specific duties) included: !e- "g—, 1�1Cuc�/e IIxS � f�la�j a77 J7-agc' Q(3NGus� iX(O-- Lf 7q/ ///A, AVB SW jt(/ PA0$ fZ-- 3 Business Phone: Additional comments: Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing application and that the facts stated in it are true. Gz-tfGr� ' c— Signature CSA-i.9l�if1- S�}c'/(Gfi� Print Name State of Florida" / County of �(t( �! The foregoing instrument as acknowledged before me thus !a$,c % (1 �� – . (Date) by ia"c C0 -t•0( -i ku— who has produced �Qn 2Qv (name of person acknowledging) I (type of ' dentifrcation) as identification and did nottakean oath. NOTARY'S SE e, A .�• LUANN M THOMAS l,s f i My COMMISSION#FF�p18 015 EXPIRES January F19rideNoter/Se^iee'C0m- d47)®4®159 Applicant's Name. 'VERIFICATION OF CONSTRUCTION EYPERIENCE; GMD Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 Certificate Category Requested: �71LI7 1%) MRU49- The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid the applicant in meeting this requirement. You should verify time of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the following' �fojlr;aj{oy PJ44 Name: YY1111 ��1 //7711 Title: 'taX/bUr-/ Name of Business: Business Address: Business Phone: Lic`e^nse Number (if applicable): The applicant's years of experience from fflo to The applicant's scope of work (specific duties) included: Additional comments: Falsifying any information provided herein may subject your license to revocation. Under the penalties of perjury I declare that I have read the foregoing application in it are true. Name State of Florida County of C csi Jit 9 the facts stated AU -64A The foregoing instrument as acknowledged before me this (Dat by � s_R E� �Ces,-c s mho has produced• G q (name of person acknowledging) (type of iderltif Yeti n) as identification and did not take an oath. NOTARY'S SEAL Jy LUANN M THOMAS (�,� �• MYCOMMISSIORWP090i52 EXPIRES January 12, 2019 7 an (407) 348,0153 floddeNolerySedlce.com GIvID Operations & Regulatory Management Department Licensing Section 2800 N. Horseshoe Drive Naples, FL 34104 1 Applicant's Name: M Q.fl ut f So.e_a Ct coq Certificate Category Requested: I ) kc `Y- MUO l t Y vm--Y tcTtti The applicant is seeking a Collier County Certificate of Competency in the trade indicated above. As part of the application for this certificate, the applicant must verify their experience within this trade. You are being requested to provide information that will aid $$applicant in meeting this requirement. You should verify three of active experience working as an apprentice or a skilled worker (e.g. as a worker commanding the wage of mechanic or better in the trade). Time served solely in a supervisory or administrative role should be described, but may or may not be considered sufficient to demonstrate required trade experience. The person verifying trade experience must provide the ofinving information: Name: V,, -- /+ Title: AIL i; 3 ( 1) CA) % License Number (if applicable): G Name of Business: L -OK Yd K -a9 J I DAJ Business Address: �� . ' o y I Z 22_ Business Phone: 239• -?3q ^ 9,5-tp � The applicant's years of experience from to �1 The applicant's scope of work (specific duties) included: I I P T IwU ✓ "i i{," Cub VI. , Additional comments: &I Falsifying any information provided herein may subject your ficense to revocation. Under the penalties of perjury I declare that I have read the foregoing applicafn and that the facts stated in it are hue. �7> —� L Name State of Florida County of ( 01 Ila j n The foregoing instrument as acknowledged before me this by 1� Pj1) 0 M I I iI e L� ff who has produced (Date) L (person acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL =o,PAY P,B Milagros Simon State of Florida IN My Comm. Expires 05/15/2020 n`'oF f1jOP Commission No. FF 992251 AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER STATE OF Y--\ or\c,,a COUNTY OF 2,o,w K- , having been first duly sworn, state and affirm: I am a resident of County, 0 Y' t A o. (State) and have resided here for more than five (S) years. During the last five years I have known m a c r o �c ca c 1 c r.7 (applicant). I have had the opportunity to observe his or her business and personal dealings and find him or her to be a person of honesty, integrity and good character. by�'nm 1'IQI) Izo� (name of person acknowledging) as identification and did not take an oath. NOTARY'S SEAL Signature 6j \ \ \tam —2-ri�'s K0 Name R& Address a80—tcy 22. Telephone (Date) - who has produced r— L t (type of identification) ANDREAVOLMARI a °a� Notary missPublic. Seale o1 Florida CommissionN GG 38792 My comm. expires Od. 16.2020 y l LM, (SIGNATURE OF NOTARY) STATE OF AFFIDAVIT OF INTEGRITY AND GOOD CHARACTER �'WfrJCc COUNTY OF 1, , having been first duly sworn, state and affirm: I am a resident of c'< --A \ CCC resided here for more than five (S) years. . County, � �0) ',C}G (State) and have During the last five years I have known Vy)� c�C' Ce. C -tGsl (applicant). have had the opportunity to observe his or her business and personal dealings and find him or her to be a person of honesty, integrity and good characteT� � 1 Signature Name tt 1��G pr- n' ��. Un iF 14fb Address Telephone The foregoing instrument as acknowledged before me this. 0� 21 _ .. `� (Date)^ by DrtiN�� E�UES who has produced 80kjPR 0416P -S (name of person acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL Armand Ukraine Notary Public State of Florida My Commission Expires 00/30/2019 Commission No, FP 245039 (SIGNATURE OF NOTARY) RESOLUTION OF AUTFIORIZATION WHEREASOO-Q. 1OaN� �1(tl GV �� proposes toengage (Name of Business Entity) in contracting as LC, (Type of legal entity: corp., partnership, etc.) in Collier County, Florida, according to Collier County Ordinance 2006-46, as amended: and WHEREAS 0 tc'-2 0Qj0W 1 1 le �- Cr+ a,W+ C proposes to qualify (Name�ofBusiness Entity)) for a Certificate of Competency with ( (a r t UA SQ (- C, CA % V\. (Name of Individual) NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: We the undersigned ��r + (A So)-CaeiCt/-� of ��"" "" _ t?fficers, Owners, Partners) �� ( �/� �� P "Vk hereby resolve and represent to the Collier County (N me of Business Entity) r Contractor's Licensing Board that the qualifying agent, V-01 1LCi' --4CQe 4V\ , is active (Name of Individual) � r in all matters connected with the contracting business of O(4 n! ( /A (V e P- 11 d (Name of Business Entity) We further resolve and represent that K rl v�1(D-CQCe^cjt-- is 99_ (Name of Individual) Legally empowered to act for blct 'l e4-" / �f_ in all matters connected with its (CAame of Business Entity) contracting business, and has the authority to supervise construction undertaken by 0��kK l- et (L. (NAme of Business Entity) DULY PASSED AND ADOPTED THIS 2ND DAY OF IWY 2017 (Officers, Partners caner -wit ion underneath) ARMAN.p 1-/1(Rf}MA Witness Witness Witness Corporate Seal (if applicable) or Notary Public Certificate Swom to and subscribed before me this -day of /11/ty _ , 20/7 by I'VAR/US ,S e4614 The foregoing instrument as acknowledged before me this (Date) by M4A1(ZS S46ACIAN who has produced /X • �Ql!/6�S L/GENy6 (name of person acknowledging) (type of identification) as identification and did not take an oath. NOTARY'S SEAL Afmand Wan (SIGNATURE OF NOTARY) Nolan'POIC SW of M0 My Commisslon DOM 060019 Commissiat No. FF 2450 Detail by Officer/Registered Agent Name 5/15/17, 5:42 PM .� DIMSIM or CORYOFAMnS 1 -a.1 Iii • - •1 i VIJ . r1 w r Detail by Officer/Registered Agent Name Florida Limited Liability Company OLDE NAPLES TILE i£ GRANITE; LLC Eift Information Document Number L10000069137 r�iistfa9 la�{f 11 NZI L7 InQ94an Date Filed 06/28/2010 State FL Status ACTIVE Last Event LC STMNT OF AUTHORITY 21 Event Date Filed 12/19/2016 Eveni Effee ive Me NONt Principal Address 280 29th St NW NAPLES, FL 34120 Changed: 04/06/2015 IYIAl11Ug NUUftl55 280 29th St NW NAPLES, FL 34120 Changed: 04/06/2015 -ReglaigredAgentName-&Address....._._. _q A0. C.(Ard hfi.rhm 280 29th St NW NAPLES, FL 34120 Name Changed: 03/02/2017 Address Changed: 03/28/2016 Authorized Persons) Detail Name & Address ..�..arvA.ri..:r't.AI .Iv�.cA,g.vPn�Uw ..O,U,R:d9.: oneI -f aaY• +mow a. rw. c. .n xy` Detail by Officer/Registered Agent Name Title Managing Member Sacacian, Marius 280 29th St NW NAPLES, FL 34120 Annual Reports Report Year Filed Date 2015 04/06/2015 2016 03/28/2016 2017 03/02/2017 Document Images 0310212017 ANNUAL REPORT View image in PDF format 12/19/2016 -- LC Amendment and Name Change view image In PDF format 03/2812016 --ANNUAL REPORT View image in PDF format i 04106/2015 --ANNUAL REPORT _View image in PDF format _J 03112/2015 — CORLCAUTH View image In PDF format �View 08!1112014 --LC Amendment image in PDF -format i 02/13/2014 --ANNUAL REPORT View image In PDF format i 11/21/2013 -- LC Amendment and Name Change _ View image in PDF format_ j 0111412013 --ANNUAL REPORT View image in PDF format _J 01/0412012 --ANNUAL REPORT View image in PDF format 03/25/2011 -- ANNUAL REPORT View image in PDF format 06/28/2010 -- Florida Limited Liability View image in PDF format i 5115117, 5:42 PM http:{/search.sunbiz.org/inqulry/CorpordtlonSedfchJSearchResultDet...&searchTerm=Sacacian&IlstNdmeOrdef=SACACIANCLAUDIA%20P020000081462 Page 2 of 2 Detail by Entity Name FI 'da Depadmenl of State k Dr'lfgli oj .0 I'r!I{li• tYP(rl(:Y Department of State / D'Ns on of CoroomGons / Search Records / Detail By Dow menl Number / Detail by Entity Name Florida Limited Liability Company OLDE NAPLES TILE & GRANITE, LLC Filing Information Document Number L10000069137 FEI/EIN Number 27-3035180 Date Filed 06/28/2010 State FL Status ACTIVE Last Event LC STMNT OF AUTHORITY 21 Event Date Filed 12/19/2016 Event Effective Date NONE Principal Address 280 29th St NW NAPLES, FL 34120 Changed: 04/06/2015 Mailing Address 280 29th St NW NAPLES, FL 34120 Changed: 04/06/2015 Registered Aqent Name & Address SACACIAN, Marius 280 29th St NW NAPLES, FL 34120 Name Changed: 0 310 2/2 01 7 Address Changed: 03/28/2016 Authorized Person(S) Detail Name & Address Title Managing Member Sacacian, Marius 280 291h St NW NAPLES, FL 34120 Page 1 of 2 Dms,on OF CORPORTTI0y5 httD://search.sunbiz.orgllnquu•y/CorporationSearchlSearchResultDetail?inqui"l)e=Entity... 5/15/2017 Detail by Entity Name Annual Reports Report Year Filed Date 2015 04/06/2015 2016 03/28/2016 2017 03/02/2017 Document Images 03(02/2017 —ANNUAL REPORT 03128/2016 —ANNUAL REPORT 041OW2015 —ANNUAL REPORT 03/122015 — CORLCAUTLI OB/112014 — LC Amendment 02/132014 —ANNUAL REPORT 011142013 — ANNUAL REPORT 01/042012 — ANNUAL REPORT 0 31252 011 —ANNUAL REPORT 0 612 82 010 — Honda Limited Wla lits Vew image In PDF form at View image in PDF formal Yen Image inPDF format Yew image in PDF format Vie, image in PDF format Vier image in PDF formal Vizv image in PDF tarmm View image in PDF format View image In PDF formal Ve:r Image eI PDF format Vievr Image in PDF format View image In PDF format r_nc. ee-xrm:K, w• svr+. wm:m �r c:,mim.�; Page 2 of 2 httD://search.sunbiz.or2finaui v/CoroorationSearch/SearchResultDetail?inaunvtvoe=Entitv... 5/15/2017 (Requestots Name) (Address) (Address) (City/State/Zip/Phone #� U PICK-UP U WAIT U MAIL lRucinaae FMIN Namol (Document Number) Certified Coples Certificates of Status Special Instructions to Filing Officer: 9O�1 Office Use Only �NIIIl�plkm�bo�lllll��i 000293296790 1,2,'1'�,�16--[IIOc:3--Ij[15 �rtia(J.IJtJ FEB 0112019 V4 o. S. YOUNG �a C7 =M T C3 ca� .o,m•: FLORIDA DEPARTMENT OF STATE Division of Corporations ne.nnmhor of oni a vc�,cn,uc, c,, cv,v JOHN I MIDDAUGH, PL ATTORNEY AT LAW 4100 CORPORATE SQUARE STE 152 NAPLES, FL 34104 SUBJECT: COASTLAND CABINETS, LLC Ref. Number: L10000069137 We have received your document for COASTLAND CABINETS, LLC and your check(s) totaling $30.00. However, the enclosed document has not been filed and is being returned for the following correction(s): Amnnrimnntc to arlir•Ine of nrnani�atinn of a Finrlria limitori llahtlifi� �mm�arn� m�iQ VIIVIIIVIIIJ {V VItIVIVV VI VItJ4111cµ11V11 VI Vc4 IIIItYM ItJ FU"y 1 comply with section 605.0202, Florida Statutes. For your convenience, we are enclosing the appropriate form and instructions. Please return your document, alona with a coov of this letter, within 60 days or r7n your filing will be considered abandoned. rn s i If you have any questions concerning the filing of your document, please call .n nor (850)245-6051.1'' Shelia H Young Regulatory Specialist II Letter Number: 916A00027117 oc� o COVER LETTER TO: Registration Section Division of Corporations SUBJECT: COASTLAND CABINETS, LLC The enclosed Articles of Amendment and fee(s) are submitted for filing. Please return all rnrrl.ennndnnna n nnm:nn rh:c .n offov f.. t6o f IL.., d.,m w.I YuYV.14Yl1YY YVIIYYI III IIs LIIIJ IIIC{{lYl lV 111Y IVIIV WIIIb'. John I. Middaugh, P.L. Attorney at Law 4100 Corporate Square, Ste. 152 y U. Naples, FL 34104 For further information concerning this matter, please call: John 1. Middaugh at (239) 263-3100 tin .. G3 Y; Enclosed is a check for the following amount: p $25.00 Filing Fee 2 eYt�Q�e� J 09n nn II•1:».. r._� o- n.,..:a_r n._..._ •^YM N ous 7l y� V.V V Tllltl� lGG OG LGCC11IGalG UI JlQlU5 C ' `"� ' I — $55.00 Filing Fee & Certified Copy (additional copy is enclosed) _ $60.00 Filing Fee, Certificate of Status & Certified Copy (additional copy is enclosed) M n lx s STREET/COURIER ADDRESS: MAILING ADDRESS: Florida Department of State or Florida Department of State Registration Section Registration Section C�'J Division of Corporations Division of Corporations o ::p �P+ C'liffnn R110dina _... _P..Rnr F117---- CD 2661 Executive Center Circle Tallahassee, FL 32314 Tallahassee, FL 32301 (850) 245-6051 (850)245-6051 I AR'T'ICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION COASTLAND CABINETS, LLC (A Florida Limited Liability Company) The Articles of Organization were filed on June 28, 2010 and assigned document number 1,10000069137, The Articles of Amendment to the Articles of Organization were filed on November 21, 2013. AMLIN UIVICN I This amendment is submitted to amend the name of the limited liability company. The new name of the limited liability company is: OLDE NAPLES TILE & GRANITE, LLC to `=rr c7 q%U , ADDRESS rn r' The mailing address and street address of the principal office of the Limited Liability 0 rn c' Company is: Olde Naples Tile & Granite, LLC — M 280 20 Street NW Naples, FL 34120 IN WITNESS WHEREOF, the undersigned has executed these Articles of Amendment to Articles of Organization at Collier County, Florida on this _LZ!_ day of January, 2017. in aecoi'dance va—A z5ecii6n `o0.02"02, Honda Statutes, the execution of this document constitutes an affirmations under the penalties of perjury that the factstated herein are true. EIN Assistant Your Progreso; 1, identity 2, Authantleate 3, Addroasos 4, Details 8, KIN Confirm®Non Congratulations! The EIN has been successfully assigned. Help Topics Can the EIN be used FIN Assigned: 27-3035180 before the confirmation letter is received? Legal Name: COASTLAND FLOORING LLC Tha confirmation letter Mil bo mailed to the Applicant, This letter v411 be the Applicant's official INN nottco and will contain important information regarding the EIN. Allow up to 4 weeks for the letter to arrive by mail. We strongly recommend you print this page for your records. Click "Conlinua" to got additional Information Abdul using the naw EIN,�hllfig� CERTIFICATE OF LIABILITY INSURANCE DATE (/,11.VDD]THIS 03/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endo If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Weems Insurance of Naples, Inc 2661 South Airport Road Suite 8105 Naples FL 34112 CONTACT PHONE239 775-8705 FAc • n • 239 775.8576 70msinsurance.comcastbiz.net -MAZE Susan NDRES INSURERS AFFORDING COVERAGE NAIL p INSURERA: Frank Crum General A enc INSURED Olde Naples Tile & Granite LLC 28029th Street NW Naples FL 34120 INSURER B: INSURER C: INSURER D: INSURER E: NSURER F: r.nVFR Ar:FR CFRTIFICATF Ni IMRFR• HEVISION NUMBEH' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RISK Im rypE OFINSUHANCE DDL UB POLICY NUMBER POLICY EFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIASIUTY CLAIMS -MADE OCCUR GIFL11720000 03/03/2017 03/03/2018 EACH OCCURRENCE S 1,000,000 DA1,9AGE TO RENTED S 100,000 - I.lEOFXP Arc one PairiqRl $ 5,000 PERSONAL&ADV INJURY S 1,000,000 GENLAGGREGATELI7,IR APPLIES PER: X POLICY ❑ JECCT FILOC OTHER: GENERALAGGREGATE $ 2,000,000 . PRODUCTS -COMPIOP AGG S 2,000,000 $ AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLYAUTOS HIRED NON-0WNED AUTOS ONLY HAUTOS ONLY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per acddenl) S PROPERTY DAMAGE $ . flPeracciderul S UMBRELLA LIAITOCCUR EXCESS LIAB CLAII.ISJMDE FACHOCCURRENCE S AGGREGATE $ DED I I RETEWION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORA'ARTNER/ ECUTIVE[:] OFROER04EMBER EXCLUDED'! (Mandatory in NH) If yes, descdbe under DESCRIPTION OF OPERATIONS bslav NIA PER 01V E.L. EACHACCIDEW $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Emailed to: contractorslicensing@colliergov.net TE HOLDER COLLIER COUNTY CONTRACTORS LICENSING BOARD 2800 N HORSESHOE DRIVE NAPLES, FL 34104 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. f ©1988-2015 tCORD CORPORATION. All rights ACORD 25 (2016103) The ACORD name and logo are registered marks of ACOR Experian Jul 17, 2017 - Report + FICO° Score Experian° O Page 0 Equifax' FICO SCORE 642 Fair f' 300 +3 850 FICO Score 8 based on Experian data as of Jul 17, 2017 View Score Details TransUnion° Your Experian Credit Report isUnlocked With Experian CreditLock, you have greater control over who sees your Experian Credit Report. Lock your Report to keep identity thieves out and block unauthorized credit activity. If you're not applying for credit or new financing, lock your Report in real time, at the touch of a button. Learn More hftps://usa.experian.com/ 7/17/2017 Experian Page 2 of 4 What's impacting your FICO° Score 8? My Payment History GOOD Making your payments on time is one of the most important factors that contribute to your FICO Score. Late Payments Collections Negative Public Records Learn More My Amount of Debt VERY GOOD How you manage your revolving accounts is heavily weighted in your FICO® Score. Try and keep your credit card debt as low as possible. 2 1 1 Revolving Utilization 32% Accounts With Balances 3 Revolving Account Balance $315 Learn More p My Credit History Length FAIR 1W In general, a well established credit history will have a positive impact on your FICO® Score. https://usa.experian.com/ 7/17/2017 Experian Average Age Oldest Account Learn More Page 3 of 4 4 yrs 7 mos 8 yrs 10 mos O My Amount of New Credit GOOD Opening several new accounts in a short period of time.may negatively impact your FICO® Score. Latest Open Account 4 mos Inquiries in Last Year 2 Learn More My Credit Mix VERY GOOD IV Having credit cards and installment loans with a good payment history may positively impact your FICO® Score. 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The offers on the site do not represent all available financial services, companies, or products. https://usa.experian.com/ 7/17/2017 �Crot�er Cou3-Tty GMD Operations & Regulatory Management Licensing Section 2800 North Horseshoe Drive Naples, FL 34104 ✓ =DO X =DO NOT DO CHECKLIST `fid VERIFICATION OF 75% PASSING SCORE (must be approved and recognized throughout the State of Florida, as provided in Section 2.7 of the Contractor's Licensing Board Ordinance) o Copy of letter from testing facility, or �10 COMPANY NAME (sunbiz.org) o Articles & Certificate of Corporation/Incorporation o Fictitious Name days old)' CERTIFICATE OF GENERAL LIABILITY INSURANCE o Collier County Licensing Department must be listed as a Certificate Holder with the above mailing address. o Bodily Injury per person $100,000 minimum, Property Damage $25,000 minimum (NOTE: If registered with the state, must carry the amounts required by DBPR). CERTIFICATE OF WORKER'S COMPENSATION INSURANCE o Collier County Licensing Department must be listed as a Certificate Holder with the above mailing address. o State Worker's Compensation Construction Exemption: DO NOT mail this form until application for license is approved. NOTE: If you are a "sole proprietor" (an individual or with a fictitious name), you are not eligible for an exemption and MUST carry Worker's Compensation insurance. TATE REGISTRATION -- — - ollowing trades -must register with the State Dept of Business and Professional Regulation before the competency car sidered active for business (DO NOT mail this application til-liapproved). - -- General Contra �1SaakTTTumber Building Contractor Roofing Residential Contractor H.A.R.V- Class A & B Swimmm ass- A, B, C aster Electrician Weefra'nical Contractor Burg re Alarm If you already registered with the DBPR, please submit a copy to Collier County$ontractor's Licensing. 1-2 FEDERAL TAX NUMBER 0 1R'0 Foran SSA (File online at IRS.GOV) o Incorporated or have more than 1 managing member of the LLC. If you are the ONLY managing member of an LLC, use your SSN. ❑ VERIFICATION OF EXPERIENCE THREE (3) Affidavits for Verification of Construction Experience (Must be signed and notarized by 3 different people) 0 0 (2,IN & Gbbd Charae>et (Can be signed by any 2 of the 3 pe'opfe you fiave'chMn for Vetificattion of Construction Experience) NOTE: The affidavits must state the type of work done, the persons knowledge of the trade, length of time in the trade, etc. TRADES C & Good Character. eir company letterhead stating years of done, the persons knowledge of the trade BUSINESS TAX RECEIPT/ OCCUPATIONAL LICENSE o Collier County Business Tax Receipt (if located in Collier County) OR o Business Tax Receipt from where office or business is located. NOTE: Contact Business Tax for fee amounts at (239) 252-2477. IV ZONING/PLANNING CERTIFICATE o Zoning approval for home occupation or business location is in Collier County. NOTE: Please contact Zoning Department for fee amounts at (239) 252-5250. D22VA ICLNSE ❑ COPY OF CITATION o If submitting application to abate a citation issued within 45 days of the date of the issuance of the citation. If you have any questions, please feel free to contact us at: GMD Operations and Regulatory Management Licensing Section 2800 North Horseshoe Drive Naples, FL 341.04 Main: (239) 252-2431 Fax: (239) 252-2469 1-3 COLLIER COUNTY BUSINESS TAX RECEIPT APPLICATION 2800 N. Horseshoe Drive, Naples, FL 34104 Make Check Payable to: Collier County Tax Collector °' es Phone: 239-252-2477 Fax: 239.643-4788 Website: www.colliertax.com CHECKLIST Copy of Articles of Incorporation and/or Fictitious letter Yellow Fire Compliance (list of fire district phone number from the State stating that your business name is on file. enclosed) (850-245-6052 or 6058) www.sunbiz.org Copy of Marco Zoning Certificate. (239-389-5000) Copy of State license from Department of Business and Professional (850-487-1395) or Department of Health. (850-488-0595) Copy of City Business Tax Receipt. (239-213-1800) Copy of Motor Vehicle Repair Registration Certificate from Department of Agriculture. (800-435-7352) Completed Zoning application with appropriate fee made payable to: Board of County Commissioners. (239-252-5603) Completed Business Tax Receipt application with appropriate fee made payable to: Collier County Tax Collector. (239-252-2477) Other: Copy of Health inspection from Department of Hotels and Please contact the Property Appraiser's office at 239-252-8145 Restaurants (850-487-1395) or Department of Agriculture, regarding tangible tax. (800-435-7352) CIjECK ONE: Date: ✓/ Original Application Classification Transfer of License # Code Number Renewal of License # License Amount CORPORATE NAME - la) DBA NAME - 1h) BUSINESS OWNER OR QUALIFIER'S NAME - 2) 2a) PHYSICAL ADDRESS - (No P.O. Box allowed) IS RESIDENCE USED AS AN OFFICE - ✓ Yes 3) BUSINESS MAILING ADDRESS - Street 4) 5) 6) 7) 8) OWNER OR QUALIFIER'S RESIDENTIAL ADDRESS - TELEPHONE - Business: Home: No City LEGAL FORM OF BUSINESS: _ Sole Proprietorship _ Partnership _ Corporation LLC _ LLP OPENING DATE OF BUSINESS OR DATE ASSUMED - OFFICE WITHIN CITY LIMITS OF NAPLES - _ Yes No If Yes, City License No. 9) SOCIAL SECURITY �NO. `� or FEDERAL EMPLOYER IDENTIFICATION NO. Xxx- *see back of application for explanation 9a) TYPE OF BUSINESS CONDUCTED: - - - (D NUMBER OF EMPLOYEES - Including number of owners: 11) FILL IN THE APPROPRIATE AREAS - a) Rental units (motel/hotel/apts.) Number of units: b) Seating Capacity (rest./cafes, etc) Number of seats: c) Number of coin-operated machines owned by business or individual: 12) STATE LICENSE OR CERTIFICATION NUMBER - Must have photo copy of state license if state licensed and certified UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE TO THE BEST OF MY KNOWLEDGE. xxxAPPLICANT'S SIGNATURE: DATE: (Owner and/or representative of business) TITLE: x xxzTLTTC T T! VXTQV TC MIXT DTT.TTT*1TADT C L` T] DTTCTA1CCC CTATT`T AD/Tt1T`z4 k -t SECTION A, B, AND C FOR OFFICE USE ONLY THIS SECTION TO BE FILLED OUT BY CONTRACTORS/BCC LICENSING BOARD SECTION A Classification of Contractor: Department Supervisor County Certification Number: Date: THIS SECTION TO BE COMPLETED BY PLANNING SERVICES SECTION B Business is an in-home occupation and the applicant has agreed to adhere to the requirements as set forth in the Collier County Zoning Ordinance. PROPERTY Business DOES COMPLY with the Collier County Zoning Ordinance. ZONED Signed: Title: Date: Comments: THIS SECTION TO BE COMPLETED BY THE HEALTH DEPARTMENT SECTION C Signed: Business DOES COMPLY with the local and/or State requirements. Title: Date: x In accordance with Florida Statute 205.0535(5), we require you to provide. us with either a Federal Employer Identification Number (FEIN) or a Social Security number. April 20, 2016 MINUTES OF THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD MEETING April 20, 2016 Naples, Florida LET IT BE REMEMBERED, that the Collier County Contractors' Licensing Board, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following Members present: Chairman: Thomas Lykos Vice Chair: Richard Joslin Members: Michael Boyd Elle Hunt Terry Jerulle Kyle Lantz Gary McNally Patrick White Excused: Robert Meister ALSO PRESENT: Jason Bridwell Administrative Supervisor, Contractors' Licensing Office Kevin Noell, Esq. — Assistant County Attorney James F. Morey, Esq. — Attorney for the Contractors' Licensing Board Karen Clements — Collier County Licensing Compliance Officer Zan Jackson — Collier County Licensing Compliance Officer Robin Ganguli — Collier County Licensing Compliance Officer April 20, 2016 Aly person who decides to appeal a decision of this Board will need a record of the proceedings and snap need to ensure that a verbatim record of saidproceedings is made, which record includes the testin:oaty and evidence upon which w y Appeal is to be based. I. ROLL CALL: Chairman Thomas Lykos called the meeting to order at 9:05 AM and read the procedures to be followed to appeal a decision of the Board. Roll call was taken and a quorum was established; eight (8) voting members were present. 11. AGENDA — ADDITIONS OR DELETIONS: Under Itent X— "Public Hearings," the following change was made: e A. Case 112015-09: Karin R. Sacacian, d/b/a "Olde Maples Tile K Marble, LLC." will be heard following "Orders of the Board" (Item VIII -A, "New Business.") III. APPROVAL OF AGENDA: Vice Chair Richard Joslin moved to approve the Agenda as amended. Gary McNally offered a Second in support of the motion. Carried unanimously, 8— 0. IV. APPROVAL OF MINUTES —MARCH 16,2016: Patrick White moved to approve the March 16, 2016 minutes as submitted. Vice Chairman Richard Joslin offered a Second in support of the motion. Carried unanimously, 8 — 0. V. PUBLIC COMMENTS: (None) VI. DISCUSSION: (None) VII. REPORTS: (None) VIII. NEw Busimss: A. Orders of the Board Patrick White moved to approve authorizing the Chairman to sign the Orders of the Board. Vice Chairman Joslin offered a Second in support of the notion. Carried unanimously, 8-0. 7 April 20, 2016 X. PUBLIC HEARINGS: (Note: With reference to the following case beard under Section X, the individuals who testified were first sworn in by Nie Attorney for the Board.) A. Case #2015-09: Board of County Commissioners vs. Karin R. Sacacian, d/b/a "Olde Naples Tile & Marble, LLC" (C 25598) James Morey, Esq., attorney for the Board, summarized the order of the proceedings to be followed during the Public Hearing: • The Hearing of the Complaint shall be open to the public; • The proceedings will be recorded and may be transcribed; • Each case shall be presented by the County Attorney or a member of the County's Staff; • Formal rules of evidence shall not apply but fundamental fairness and due process shall be observed and shall govern the proceedings; • Irrelevant, immaterial, and/or cumulative material shall be excluded. All other evidence of the type commonly relied upon by a reasonably prudent person shall be admissible; • Hearsay evidence may be used for the put -pose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a Finding unless the hearsay would be admissible over objection(s) in a civil action in a Court; • Any member of the Contractors' Licensing Board may question an), witness before the Board and each party to the proceeding shall have the right to call and examine any witnesses; • The Chair has the power necessary to conduct the proceedings of the Hearing in a fill, fair, and impartial manor to preserve order and decorum; • At the conclusion of the Hearing, the Contractors' Licensing Board shall issue Findings of Fact, based on the evidence of record, and Conclusions of Law and may impose disciplinary Sanctions if warranted; • The Contractors' Licensing Board shall issue whatever Orders are necessary and proper to dispose of the Complaint in accordance with this Ordinance of Florida law; • Said Findings of Pact and Conclusions of Law, and disciplinary Sanctions, if any, and any related Order shall constitute the decision of the Board in the case heard before the Board; • Should the Contractors' Licensing Board be unable to issue a decision immediately following any Hearing because of questions of law or any other matters, the Board may withhold its _decision until a_subsequent meeting; • If the Order is read, it is effective as of the reading. Chairman Lylcos: • The County will present its "Opening Statement ; • The Respondent will present his/her "Opening Statement' ; • The County will present its "Case in Chief," April 20, 2016 • The Respondent will present his/her "Case in Grief;" • "Che County may offer any rebuttal; • The County and the Respondent may present their Closing Continents. • The Public Hearing process is then closed; E The Board will receive instruction frorn its Attorney which is similar to a "charge" to a Jury and will set out the parameters upon which the members will base their decision; • The Board will deliberate and may ask for additional information or clarification from both parties; • The Board will then decide two different issues: first, whether the Respondent is guilty of the offense as charged in the Complaint vote and a vote will be taken. If found guilty, the Board will decide if Sanctions are to be imposed. • The Board's attorney will again advise the Board concerning what Sanctions may be imposed and the factors to be weighed when considering evidence. • The Board will discuss the Sanctions and then vote. • The Chairman will orally report the decision of the Board which will subsequently be rendered in writing to become the official Order of the Board. Patrick Wlhite moved to approve opening tite Public Hearilhg. Vice Chairman Richard Joslin offered a Second in support of the notion. Motion carried, 8 — 0. Vice Chairman Joslin moved to approve entering the Coung,'s information packet in Case #2015-09 into evidence. Patrick White offered a Second in sapport of the motion. He further requested to also admit into evidence the Corn:ty's Revised Administrative Complaint, dated April 14, 2016, in Case #2015-09. Vice Chairman Joslin approved Mr. White's anrendrnent to his motion, Motion carried, 8 — 0. Point of Order: Patrick White stated he received a document, presented by the County Attorney, that was not signed but was dated April 20, 2016, and was entitled "Request to Remove Mr. White." Tom Arico, the homeowner, alleged because Mr. White had an Ex -Parte communication with the Respondent, he should be removed from the Board. Mr. White noted his contact with Ms. Sacacian had been disclosed to the Board prior to the Hearing on her Request for a Re -Hearing. Mr. White stated he did not see any basis to recuse himself from participating in the Public Hearing, nor was it was necessary for him to file a Form 8-B since there was no conflict of interest on his part, nor did he have any bias or prejudice toward Mr. Arico, the Respondent, or the County's case. He stated his intention was to listen to the evidence presented during the Hearing and conduct himself in a fair, responsible manner. He concluded by stating he acknowledged Mr. Arico's request and placed on the record his reasons for not being willing to remove himself from the dial or file a Form 8-B. He further stated he had no financial interest in the outcome of the matter before the Board. He respectfully declined Mr. Arico's request. Attorney Morey stated since Mr. White had no financial interest in either party and had fully disclosed the Ex -Parte communication prior to the previous Hearing, he was entitled to remain and participate in the Hearing. April 20, 2016 Assistant County Attorney Kevin Noell concurred, stating it was Mr. White's decision to make. Chairman Lykos stated his preference was for Mr. White to remain and participate. Karen Clements, Licensing Compliance Officer, presented the County's "Opening Statement:" • The County will show that in April 2015, Tom Arico entered into a contract with Olde Naples Tile and Marble, LLC, (License #25598) to install tile flooring in his residence at 4010 Ice Castle Way — Unit #5. • Mr. Arico was given a business card (Exhibit E-17) and checks were written to Mario Sacacian (Exhibits E-19 and E-20). • At the completion of the installation, there was clearly faulty work, and failure to correct the faulty work. • Made a site visit, met with the homeowner, there was excessive lippage of the corners of the tile — it was visible and uneven (Exhibits E-21 through E-32). • The homeowner stated he was ]tilting his toes and feet on the uplifted comers of the tiles, causing injury, which was a safety concern. • He could not move his furniture to clean. • His granddaughter, while visiting, had cut herself on the flooring. • August 24, 2015: Contacted Mr. Sacacian of Olde Naples Tile & Marble regarding the the work done at Mr. Arico's. Mr. Sacacian stated he was ordering more tiles to 5x the problem. He was given thirty days to correct the work. • After several attempts to correct the work, deadlines were not met. • October 12, 2015: Michael Ossorio called Mr. Sacacian and left two messages. Mr. Sacacian returned the call in the afternoon from Mr. Arico's home. When asked if the flooring would be done by Friday, Mr. Sacacian started screaming — stating he was finished and walked off the job. He took his tools, claiming he was going bankrupt and was going to Las Vegas. He did not return to the jobsite. • Mr. Arico was asked to obtain bids from licensed contractors. One bid from 41 East Flooring totaled $6,725; a bid from Floors N More Direct totaled $7,850 • December 16, 2015: The Licensing Board heard the case. No one was present from Olde Naples Tile & Marble. The Notice of Hearing had been delivered to Olde Naples Tile & Marble at the business address of 280 29" Street NW, Naples, FL, in October 2015. • Mr. Rick Ehlers, an expert witness, was present at the hearing and gave — testimony. Olde Naples Tile &-Marble was -found -to have performed faulty work and had not corrected it. The Board ordered Olde Naples to pay restitution to the homeowner, and a fine to the County for the administrative costs incurred in the prosecution of this matter. Olde Naples was given thirty days to pay the fine and restitution and its licensed was placed on suspension. If payment was not made by the deadline, the license would be revoked. April 20, 2016 • December 21, 2015: The Final Order of the Board was hand -delivered to 280 29"' Street NW, Naples, FL, the business address listed for Olde Naples Tile & Marble, LLC. The Order in a manila envelope was taped onto the closed gate of the driveway at that address. Another copy of the Order was hand - delivered to Naples Home Designs ("NHD") at 13180 Livingston Road, Unit # 105, Naples, FL. The envelope was addressed to Karin Sacacian who is a part owner of the company. • December 23, 2015: Received a "Claim of Lien" filed by Karin Sacacian against the Homeowner, Tont Arico. • December 30, 2015: Received letters sent to James Morey, Esq., and Thomas Lykos by Karin Sacacian, the Qualifer for Olde Naples Tile & Marble, requesting a Re -Hearing of her case by the Board (Exhibits E-45 and E-46). • March 16, 2016: Karin Sacacian appeared before the Board to Request a Re - Hearing of Case 2015-09. The Board granted her requested and the Re - Hearing was scheduled for April 20, 2016. • March 30, 2016: A Notice of Hearing for April was hand -delivered and tape to the gate at 280 29`h Street NW, Naples, FL. • April 8, 2016: The Notice of Hearing was sent to Karin Sacacian via certified mail. Karin Sacacian, the Respondent, presented her "Opening Statement:" • The reason I requested the Re -Hearing was for me to be able to come in front of you and show you that Olde Naples did not do the job as the County is claiming they did. I have the documentation to prove that. The County's "Case in Chief' was presented. Karen Clements questioned Tom Arico, Witness, who testified on behalf of the County: Q. When you called Olde Naples Tile & Marble, did Mario Sacacian come out to your home? A. Yes, I met him at a neighbor's house and he came out an hour or so later. Q. And did lie give you a business card? A. That is correct and lie was wearing an Olde Naples Tile & Marble tee shirt. Q. Is Exhibit E-18 the contract with Olde Naples Tile & Marble which was originally for 18 x 18 tile but then was changed -- correct? A. Yes. I went to see Yanelis ... I went through this before because Mario told me to go there. He told me to go to two places: Angelo's but Angelo's didn't have - - good tile and then lie told me to go see this other place and talk to Yanelis: She showed me this 6 x 36 tile and when I said the contract called for 18 x 18, she said she knew Mario very well. She called him and he said lie could install the tile. I spoke with Mario and he agreed to install the the for the same price. He said there was no problem to install that tile (18 x 18). SO I ordered the time from Naples .... Q. Naples Home Designs? A. Yes, and I paid them the same day as I ordered the tile. April 20, 2016 Jason Bridwell questioned the Witness: Q. On the day that i\4ario Sacacian came over to your house, call you go over in detail what happened? A. He gave me a business card and told me that he owned the company. He said it was licensed and insured — he said, this is my phone dumber. Q. For the record, the card that was provided is County's Exhibit E-17. A. Yes, I can see it. That's correct. He told me he owned the business. Q. And when he came over to your house, he was wearing a shirt that said Olde Naples Tile & Marble? A. He came over a couple of times and he wore that shirt. Q. Did any of his employees come over to do the work? A. Well, he didn't do the work. His employees came over ... Sahalam and I can't remember the other guy's name right now. Q. Were they also wearing uniforms or shirts that said Old Naples Tile & Marble? A. That I don't remember. When they came over, Ijust left because there was nothing for me to do there. Q. The phone number that you used to contact Mr. Sacacian — was that the same phone number on the business card that he provided to you? A. Oh, yes. I have, like, five pages of text messages to that phone number and, like, 29 phone calls to that number. Q. The phone number that's on the invoice (Exhibit E-18) — is that the same phone number that is on the business card? A. Yes, it is ....7061. Q. Did Mario write that phone number on the invoice? A. Yes, and I copied it on top because I didn't know if his "7" was a "7" — but that's his handwriting, Mario. Q. At any time, did Mario Sacacian tell you that he was not working for Olde Naples Time & Marble? A. No. He told me he owned the company from the beginning. Karen Clements questioned the Witness: Q. When Mario came over to correct the faulty work — he was working to take up the old tiles and replace ....? A. Yes. Q. It was Mario, though, doing the work? A. Yeah, Mario was helping ... the guy's name was Carlos .... him and Carlos were doing it, and then some guy that comes with Mario all the time — I don't know his name ... he's a young kid and I think he's kind of handicapped. They were tearing the tile up. Vice Chairman Joslin questioned the Witness: Q. Were there any vehicles in the yard at the time when the men came to do any of the work — any marked vehicles with Naples signs on them? A. No. I don't think he had signs on his trucks. Q. None? A. Not that I know of anyway —I really didn't pay attention to that. Patrick White questioned the Witness: April 20, 2016 Q. Mr. Arico, County's Exhibit E-18 says "Purchase Order"–were you provided that by Mr. Sacacian? A. Yes, the day we signed the contract. Q. Other than the phone number at the top, "293-7061," is there anything else that you wrote on there? A. He told me to write my name on top and my address. He wrote his name and his phone number. Q. Can you help me to understand that handwriting at the bottom? A. You'll have to ask him. Q. That's not yours? A. That's not mine at all, no. I write sloppy, but not that sloppy. Q. Thank you. Karen Clements asked Mr. Arico if he had anything to add. A. Yes. In her discrepancy letter, she wrote: "In August of 2015, Mike Ossorio, the licensing inspector, contacted Olde Naples Tile & Marble to see if we are interested in reviewing on of his customers jobs that ivas done by an unlicensed installer ... "— the people who installed it were licensed and it was Olde Naples Tile & Marble. She also said that I agreed to pay $1,620.91for the repairs which I wouldn't do. Why would I hire this company to do repairs when they screwed up my floors in the first place? I mean, common sense tells the not to hire the same guy twice and I think Mike Ossorio will verify this. (Karen Clements referenced County's Exhibits E-45 and E-46.) And then she said I made false statements and slander. I didn't make a false statement and didn't slander the company. I just reported the facts. Chairman Lykos questioned the Witness: Q. In referencing this letter, E-45 and 46, the section where it says, "... ATarius Sacacian and the customer agreed to have the repairs done by Olde Naples Tile & Marble for the total amount of $1,620.9l... " – your testimony is you never signed any contract for any ... A. No. Why would I7 Why would I agree to it? Q. I'm just trying to clarify. A. I'm sorry. Q. You didn't sign any contract or any agreements .... A. No, I didn't. Q. .. with that dollar amount or any --- A. No. Q. Please let me .... A. I'm sorry -- I'm just upset. Q. I want to make sure that we get the facts on the record as best that we can. A. Okay. I'm sorry. A pi d 20, 2016 Q. I want to verify that you did not sign any contracts, any agreements that said you were going to hire Olde Naples Tile & Marble to make any additional repairs, to fix any of the previous work — whether there was a dollar amount included or not — is that the fact? Is that what your testimony is? A. That's correct. If the County told them ... Q. And, secondarily, you did not sign anything that did have a dollar amount on it? A. No, I did not, sir. Q. So the only contract that you signed — and I'm using the word "signed" loosely for our purposes — is the document on E-18 which is what we are referring to as the "contract?" A. Yes, contract number 640471. Q. There's no other signed agreement .... A. No. Q. ... between you and Olde Naples, or between you and Mario? A. No. Patrick White questioned the Witness: Q. At any time, did anyone tell you that Mr. Sacacian or the individuals who were working on your unit were not working as part of Olde Naples Tile & Marble? A. No. That never came up — with the employees. Q. Okay. A. I talked to his employees about the work and bought them lunch — that's the extent of it. But everything I talked about that was business was to Mario —about his company, and the work that he was doing, and how satisfied I was. Kyle Lantz questioned the Witness: Q. In our packet, on E-19 and E-20, which are two checks that you wrote — I'm assuming those are the checks that you wrote to pay for the the installation? A. Yes. Q. I have two questions. #1 —why are the checks not written to Olde Naples Tile & Marble if that's who you hired? A. Because Mario told me it didn't matter who I wrote the check out to — because it was his company. He said it was all going to the same bank — into a different account — but it was all going to the same company. Q. And that didn't raise a red flag to you? A. Yes, it did. Because I went on the internet and I checked out Mario Sacacian and I came up with five pages ... Chairman Lykos stated he did not want the testimony to "get off track" and - - reminded Mr. Arico thatwas question was he wrote the check to Marius as opposed to Olde Naples Tile & Marble. A. Because I found this on the internet before I signed it — because I know you're usually supposed to do that, but I took his word for it — and it says: "Registered Agent — Karin Sacacian and Manager — Marius Sacacian." I have five pages that I found that day and figured it was legit to do it. (It was noted Mr. Arico was referring to the Florida Department of State Division of Corporation's database —corporation search. County's Exhibit E-15 and E-16.) April 20, 2016 A. I got that the day I signed the check — before I signed it, 1 looked them up to see that there wasn't a fraud or anything. Q. Did you get any kind of discount or anything for writing the check to him? A. No. If you look at the bill —the checks are the same price ... sarrie amount. Chairman Lykos questioned the Witness: Q. You researched the company and Mr. Sacacian's name to verify that he was an officer of the company and you felt comfortable writing the check in his name because you felt like you were writing it to the company — because he was listed as an officer? A. Yes. I was going out and I just left the check there. I'm not going to stand there and watch them work all day. Q. I understand. Thank you. Kyle Lantz questioned the Witness: Q. Did you fill in his name or did he? A. I printed "Mario" and he wrote in his last name. On the check for $1,450, he wrote in his whole name — that's not my handwriting. Like I said, I write sloppy but not that bad. Vice Chairman Joslin questioned the Witness: Q. Was $1,950 the total amount that you paid on the two checks that you had written? A. Yes. If that's the amount that was on the bill — yes. Q. You have one check for $1,450 and one for $500 — is that correct? A. Yes. Q. On Exhibit E-48, there is a Claim of Lien that was filed on your home? A. Yes. Q. For an additional $1,620.91? A. Yes — that's because they said that I agreed to have them re -do the tile. Q. Okay — that was my question. You signed no other contracts or were going to have anything else paid for ... A. Oh, I didn't sign it ... Q. ... or have anyone else fix the tile that was already replaced? (Mr. Aries was again reminded to wait until the Board member finished asking the question before responding.) Q. I was wondering if you got information — if you got paperwork on this Claim of Lien that's on your property now? A. I got — she sent it to me six times — certified mail. And that's another thing — she said she tried contacting me. How come she can contact me for the Lien and she can't contact me for the money I owe her? Q. Well, the address is the same as the address of the home. A. That's right. It's the same. All she had to do was send it certified mail or a text message — and they didn't send me either one to inform me about the $1600. The first time I saw it was on the letter that was sent to Mr. Lykos and Michael Ossorio. It was the first time I saw it. 10 Apt 20, 2016 Patrick White questioned the Witness: Q. The Claim of Lien (E-48) seems to read that it is for the purchase of materials to fix the floor. Were any materials provided to you or did they fix the floor? A. The floor looks just as bad as the day they put it down the first time. No, they did not fix the floor. Q. Did they purchase materials to fix the floor and install them? A. They said they did, yes. Q. I'm not asking you what they said — I'm asking you what they did. A. They put down about 54 square feet of tile. They needed to put down a lot more than that. Q. So, some tiles were taken up .... A. Right. Q. ... and repaired? A. Yes. Q. And the approximate date of that was? A. You would have to ask Karen — she knows the date they were supposed to do the tile. Sometime in September, I believe. Karen Clements: I believe we starting asking in October, actually. Q. Was that work done by Mario? A. Yes. Karen Clements: Oh, you know what — it was September because I remember that just before Labor Day — we gave him until right after Labor Day, and he said he would be done before then. And he wasn't. Q. And the date that — as far as anyone knows — Karen Clements: The beginning of September Q. The date it was completed. The last day they worked. What was the last day that they did work in an effort to complete the job? Do either of you know the last day they provided any materials or did an), work? Karen Clements: October 12th was when he walked off the job — Mr. Sacacian walked off the job. Patrick White continued to question the Witness: Q. Mr. Arico, at any point after October 121h, did anyone from Olde Naples Tile & Marble, including Mr. Sacaian or any of the employees, ever return to your home or provide you with materials or do work on your home? A. No. After he walked off the job was the last time that I saw him. Q. Okay. Thank you. A. Another thing — this company offered me, first, $1,000 to drop my case. A second time, $1,000 to drop my case. When I went to see Mike Ossorio and Karen, they offered me $2,000 to drop my case plus doing some work and I said, "No, I don't want it." And last month, both Mike Ossorio and Kevin offered me $3,000 from Karin Sacacian to drop my case and I said, "No." Q. The dates of the checks -004 (E-20) and #708 (E-19) —shows that #704 was dated April 7, 2015 in the amount of $1,450 and #704 was dated April 2, 2015 in the amount of $500. I 11 I April 20, 2016 A. Yes — that's the date they started the job. Q. And what does the statement or) the memo line of check 4704 mean? A. Partial payment. Q. And on check 4708 in the lower left-hand corner, I think it says, "P -1-P for tile"— what does that mean? A. Paid for tile installation. Q. Does that mean paid in full? A. Paid -in -full for the installation, yes. Q. Thank you. Now, was that for the tile or the tile installation? A. Installation. The tile was like $4,000 and something dollars. Q. And you made those payments directly to the supplier? A. I paid them the same day that I ordered the tile. Q. Do you know if any of the tiles used for repairs leading up to October 12'h were newly -purchased tiles or were some of the tiles you had purchased previously? A. I have no idea, sir. Karin Sacacian, the Respondent, questioned Tom Arico: Q. You are claiming the paper that Mario gave you is the contract for tile installation that, supposedly, he did at ... A. Not "supposedly" — he did. Q. Okay. May I show you how an actual contract looks like from my ...? A. I know ... he showed me a different one after he came to my house the second time or after all the work had started — it was all typed out and he didn't type it out. This is the original contract (E-18) — this is his signature on it — this is his phone number on it. Q. There is no signature on that, and it has nothing to do with Olde Naples Tile & Marble. It says "Mario" but doesn't say anything about Olde Naples Tile & Marble. Chairman Lykos: Ms. Sacacian, if you have evidence to enter, we will do that when it's your opportunity to present your case. What you are up here now for is if you have any questions of Mr. Arico based on his testimony. Any specific questions of his testimony. Q. The two installers that did the initial job, did they ever tell you that they were employees of Olde Naples Tile & Marble? A. No. Q. Because they are not. A. They just said they worked for Mario. Q. They did not say they worked for Olde NaplesTile&-Marble --correct? A. It never came up. I'm not going to ask them who they worked for. Mario brought the installers in and they did the work and that was it. I didn't have a conversation about who they worked for or what they were doing — the), were there to do a job. When they worked, I left. Q. I am concerned. Why did you write the check to my husband's name since, actually, one of the documentations here said that Mario way saying — maybe on a different job -- that all checks have to go to Olde Naples Tile & Marble? 12 April 20, 2016 A. He never told me that — lie said, "I have to pay the help," — if these people can remember the last conversation 1 had when I was here .... Chairman Lylcos: Ms. Sacacian, I need you to ask questions. You have the opportunity to ask questions of Mr. Arico based on his testimony. Asking questions about what Mario might have said or not said — when Mario is not here — Karin Sacacian: Okay. Q. Can you please tell me how it came that you assumed that I offered $3,000 to drop the case? who told you that I offered you $3,000? A. I will answer that. On December 14Th, I was called to Mike Ossorio's office to discuss the case and the people here can verify it ... they said Mario wants to offer you $3,000 if you drop the case. I said, "No." Q. First of all, why would he offer you $3,000 if the total job presumably was less than $2,000? A. Why would lie offer me $1,000 the first time? And the second time? Q. I didn't offer you anything. Chairman Lylcos: Ms. Sacacian, you can ask questions of Mr. Arico based on his testimony. How can he answer questions of you about what you're thinking? He can't possibly answer that question. Karin Sacacian: I would just like to know what proof he has that I offered $1,000 or $2,000 or $3,000? Chairman Lykos: He has already given testimony that he was told by the County's Staff that you, or somebody who represented you, made that offer. He has answered that question. Mr. Ossorio will come up to testify and you can ask questions of Mr. Ossorio. Okay? Karin Sacacian: Okay. Thank you. I have no further questions right now. Michael Ossorio, Director — Code Enforcement, testified on behalf of the County: • He is the current Director of Code Enforcement • Previously, he was the Supervisor of the Contractors' Licensing Office • He referenced Section 22-202(b) as follows: "Any person who believes that a Contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the Contractor and the essential facts in support thereof." • A preliminary complaint was received on August 10, 2015. • He requested to enter the preliminary complaint into evidence as County's Exhibit "A." Patrick White moved to approve accepting the docuevent entitled Preliminary Complaint Form dated August 10, 2015 as County's Exhibit "A." 13 April 20, 201 G Vice Chairman RicJrnrd Toslin offerer! a Second in support of the motion, Carried unanimously, 8 — 0. Michael Ossorio, Director — Code Enforcement, continued his testifimony: • An email was sent to the Qualifier, Karin Sacacian, on August 11, 2015. She did not reply. • A copy of the complaint was sent to Karin Sacacian's work address. • He stated it was common for a wife to be the Qualifier of a business that was run by her husband. • He also contacted Mario Sacacian since he was a Managing Member of the company. • Met with Mario Sacacian on the jobsite who recognized that the company did a bad job of installing the tiles. He was there with his employees. • Mario Sacacian stated he would take care of the issue — stated it several times. • He requested to enter the Collier County Certificate of Competency (License #C-25598) dated September 21, 2015 into evidence as County's Exhibit `B." Patrick White moved to approve accepting the document entitled Collier Comnty Certificate of Competency, dated September 21, 2015 as County's Exhibit `B. " Vice Chairman Richard Joslin offered a Second in support of the motion. Carried unanimously, 8 — 0. • He noted Karin Sacacian came to the office to renew the Certificate of Competency for Olde Naples Tile & Marble, LLC on September 21, 2015. • He advised Ms. Sacacian about the complaint and that he could not read her husband's handwriting. • He referenced Page 3 of the Code Case Details report: "October 12, 2015 — Mike called Mario today and left two messages. At approximately 3:10 PM, Mario called back stating he was at Tom Arico's home. When Mario was asked when the floor would be done, Mario screamed into the phone that he was finished, was filing for Bankruptcy, and was going to Las Vegas." • Contacted James Morey, Esq., attorney for the Board, who researched the claim of bankruptcy and found no evidence of Olde Naples Tile & Marble filing for bankruptcy. • He attempted to call Mario the next day but Mario had blocked his phone number. • Asked Karin Clements to being process to bring the issue before the Board at a Hearing. • Was able to contact Mario by using another phone and he agreed to come to the Contractors' Licensing office. Mario agreed there was a lippage issue with the tiles and he wanted to solve the problem. He stated he wanted to "somewhat mitigate it." Mario was informed that Tom Arico, who filed the Complaint, did not want him back at his home. The charge was not correcting faulty work. Mario's "mitigation" plan was to ask a family member to go over to Mr. Arico's and rip out the flooring. Mario would drop off the materials needed to 14 April 20, 2016 repair the flooring. Mario called Naples Home Design to order the materials during the meeting. • Supplying the materials fixed one issue. Installation of the new tiles was the other issue. Rick Ehlers of 41 East Flooring stated he would re -tilt the floors. When asked what he would charge for labor only, if the materials were supplied, the response was approximately $2,000. • Mario was informed of the hearing date and was asked to notify his wife, since she was the Qualifier for the company. Michael Ossorio noted his phone number was still blocked by Mario. • On the Monday before the hearing, he sent a text to Mario requesting that he call the Licensing Office as soon as possible. When he called, Mario was asked for an update concerning the mitigation plan — Mario stated he would call back in two hours but did not. • The case was heard by the Board on December 16, 2015. • Met with Karin Sacacian on February 26, 2016. Jason Bridwell was the new Administrative Supervisor for the Licensing Office. • Karin Sacacian was provided background information: why the Complaint was filed by Mr. Arico and that the proposed mitigation did not go happen. Ms. Sacacian stated she had not been notified of the December hearing. • She further stated she gave a check to Mario in the amount of $2,000. Michael stated he understood the check was to be payable to Rick Ehlers to cover his labor to re -tile the floor. The point of the mitigation was to fix the problem for the homeowner and allow Mario to continue running his business without the necessity of appearing before the Contractors' Licensing Board. Jason Bridwell questioned Michael Ossorio: Q. Reference was made to Ms. Sacacian's letter (E-45), specifically to the second paragraph which acknowledged contact between you and Mario in August, 2015. But her account of what had happened was different from what actually happened. Was that correct? A. That is correct. I believe Mario did call Naples Home Design to order the materials. But in order for a Claim of Lien to be valid, the materials must be dropped off to the jobsite or the homeowner. But the Lien is separate from what is being discussed at this Hearing. We are here to correct faulty work which started on October 12`t' when the managing member of Naples Tile & Marble decided to walk off the job, go to Las Vegas, and change his phone number. Chairman Lykos questioned Michael Ossetic: Q. Based on your understanding when you were directing this investigation, in all of your interactions with Mario and with Karin, were you ever told that Olde Naples Tile & Marble was not the contractor on this job? A. Never. Q. Were you ever told that this was going to be an extra bill to the homeowner? A. Never. It was always, "Yes, this is a bad job," and "Yes, I want to fix it." Mario has been in my (former) office before. As I've said, we don't live in a vacuum. There are complaints that come through and we try to mitigate. But the notion, as 15 April 20, 2016 stated in the letter, that I received a complaint from Mr. Arico about Olde Naples Tile & Marble, and then called Mario to ask him to go out to fix it because the work was done by "someone" who was not licensed is absurd. It's not living on earth. I have nothing further to state except that we directed this investigation. We received a preliminary complaint and conducted an investigation. We emailed Karin Sacacian. She came to the Licensing Office after the Hearing and acknowledged that she gave Mario a check for a certain amount of money to mitigate the issue. She was notified on December 2151 of the Board's Final Decision. It was hand -delivered to her home address and to Naples Home Design because she is a part-owner of that company. Chairman Lykos: Michael, I just want to clarify your testimony for the record. Your understanding is Tom Arico hired Olde Naples Tile & Marble, as the original contractor, to instill tile at his condominium. A. That is correct. Q. You received a complaint from Mr. Arico that the tile installation was faulty. A. That's correct. Q. And, based on the information that you received from Mr. Arico, you contacted Olde Naples Tile & Marble to notify them of the faulty workmanship and requested them to return and correct the faulty workmanship. A. That is correct. Q. And they accepted responsibility for the poor workmanship and agreed to make the repairs? A. That is correct. Q. When it was all said and done, they made some attempts but failed to complete the repairs to the standards that Collier County has established? A. It's not our standards — it's Olde Naples Tile & Marble's standards as well. Mario acknowledged it was a bad job. If you looked at the pictures, you could see all the sticky notes. We came with a game plan — a plan of action — and met on the jobsite. The faulty tiles, identified by the sticky notes, were going to be fixed. That was the agreement. (Patrick White left at 10:10".. Seven (7) voting members remained.) Q. I will paraphrase. The County's Ordinance states Contractors are responsible to build to "Industry Standards." A. When you look at the definition, it is acceptable building standards. And, yes, one of the issues we were having was the lippage was not considered "industry - standard" or per the manufacturer's specifications. The manufacturer says you - cannot have this huge lip and have these issues. That was established at the last Hearing. When Karin Sacacian testifies, I am sure she will confirm as the Qualifier for a licensed tile company that lippage is not to industry standards. Q. I just want to clarify for the record we are not here to legislate over industry standards and what might be unacceptable workmanship. We are here to legislate over what would be considered a failure to meet minimum industry standards. A. I will read into the record, Count I of the Revised Complaint: from the codified version of Collier County Ordinance #90-105, as amended, Section 22-201(10): 16 April 20, 2016 "Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract." "Failing to correct faulty work promptly" was the day that Mario Sacacian of Olde Naples Tile and Marble decided to go to Las Vegas - when he said, "No." We will bend over backwards for Collier County contractor and homeowners just so we can facilitate this. I am sure Mr. Arico doesn't want to spend his afternoons here before the Licensing Board. That's how it started. And right after that particular date is when we instructed Karen Clements to send legal notice and prepare an Administrative Complaint to file with the Clerk's Office. Collier County Ordinance #90-105 as amended Section 22-201(10) states: "Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance with all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto." Chairman Lykos: We have testimony, either written or from the previous hearing, that there were problems moving furniture on the floor because the lippage was so bad; that Mr. Arico and guests suffered injuries due to the edges of the tile sticking up. I would say that certainly qualifies as having material that was not installed to industry standards or not meeting the intent of the material to be installed. Michael Ossorio: That's correct. Vice Chairman Joslin: It appears to me also that you've done pretty much, as the Licensing Supervisor at that time, made every effort you could to bring the two people into mitigation together - and it was agreed upon that it was going to happen - but it never did. Michael Ossorio: I didn't know that Karin Sacacian knew that it was agreed upon when Mario Sacacian came to the Licensing Office for the meeting. But it did solidify when we had the meeting with Jason, Ms Sacacian; and myself after the 26r' of - February. Ms. Sacacian confirmed that she had been in communication with Mario about mitigating this issue. It put it more into perspective. Kyle Lantz questioned Michael Ossorio: Q. Mr. Arico had said that you had offered him $1,000 and then $3,000 at different times to get him to drop the case. I was under the impression that Karin had offered that to you and you - can you just elaborate on that? 17 April 20, 2016 A. I'll tell you what happens in the office before we even write an Administrative Complaint. We are in the business of obtaining compliance. We are also in the business of solving problems. At the very beginning when Mr. Arica came into the office with the preliminary complaint, we let him know the expectations, i.e., how we will proceed and what we will do. If it comes to it, we might have to mitigate and we ask for a number. Mr. Morey will tell you that if we win our case we will file a judgment with the Clerk's Office but that doesn't do any good for Mr. Arico who has been sitting here. Having a piece of paper is no good if the company is insolvent. We want to make sure that we meet Mr. Arico's expectations. We have a game plan. We want to make sure that we know where we are going with any case. This was not the first time that Olde Naples Tile & Marble was in my office to mitigate. Maybe Mr. Arico was confused because I let him know that a "bird in the hand is better than two in the bush." Let's take the money — let's solve the problem — I know people want their day in Court but let's think about the future. Maybe that is why he was confused because I asked him to come up with a number. I believe the number -- Rick Ehlers, who is here today, I believe will specify that I did reach out to him to ask what would it take for labor costs only. Also, when Mario did call back I said this is the number and I believe but I can't swear to it — one of the questions was, "Do you want cash?" or "Do you want a check?" Rick Ehlers will testify that lie said he did not want cash — he wanted a check made out in the company's name. I think it's a common practice — I'm not sure because I am not a contractor — I'm sure each and every one has taken a personal check before. That's not unusual. It's not unusual that the Qualifier, the brains of the operation, is the wife who works 40 hours a week on another job while the brawn, the person who does the work, is the husband who does the heavy lifting. That's how I see it. Kevin Noell, Assistant County Attorney, questioned Michael Ossorio: Q. Referenced E-45, Karin Sacacian's letter which was directed to Thomas Lykes. Paragraph 2 of the letter states you contacted Olde Naples Tile & Marble to see if the), were interested in reviewing one of your customer's job that had been done by an unlicensed installer. Do you see that? A. Yes, it begins, "In August of 2015, Mike Ossorio, the licensing inspector," and that's not true. Q. My understanding is that you had a conversation with Karin Sacacian in September, 2015 where you mentioned the work had been performed by Naples Tile & Marble and by her husband, Mario. Is that right? i A. That is correct and the date was September 2151 because she came in to renew her license and we did communicate. Q. -I -am looking --in-the-same paragraph, further down, she references October 12`h — so the letter was written after October 12'r' — she stated, "After completing all the j repairs, we made several attempts to collect the amount due ..." Based upon your staffs investigation, were the repairs completed? A. No. Q. Okay. She alleges in the letter, which we essentially treated as a Request for a Rehearing, that you and Mr. Alien were informed by Olde Naples that it would not fix any more tiles until it received payment for the materials and the repairs. Is that an accurate statement based on your phone conversation with Mario? 18 I April 20, 2016 A. No, it's not. Q. What did Mario say when you asked him about the status for completing these repairs? What was your last phone conversation with him? A. My last conversation with Mario was "I'm not going to fix anymore, I'm done, I'm going bankrupt, and I'm going to Las Vegas." That was the last. Q. I believe this may have been done during the opening but I think it is more proper in the "Case in Chief." I wanted to ensure that the County had submitted its case packet into evidence and that there were no objections to that. Chairman Lylcos verified the information packet had been submitted into evidence for the County. He stated Vice Chairman Joslin made the motion and Patrick White amended it to include the information received by the Board during the Hearing, i.e., the Revised Administrative Complaint. Chairman Lykos explained to Karin Sacacian that she would have an opportunity to present evidence later during the hearing. She was asked if she wished to ask any rebuttal questions of Mr. Ossorio based solely on his testimony. Karin Sacacian questioned Michael Ossetic: Q. The first thing is — he is stating that I wrote a check — a blank or a $2,000 check. I actually have copies of the checks — they start at September all the way through to the end of January. There's not one check that's either blank or made out to ... whatever that other company is. Elle Hunt: What is your question? A. No, I didn't — I didn't say you ... Q. So did you receive a check from me? A. I said that, when we had the conversation sometime in February, you told the — I'm under oath — you told me ... I don't know if it's true or not ... you told me, yes, that you wrote a check or you gave a check to Mario to give to Mr. Arico or something in that nature. I am under oath and I'm telling you just what you told me. Q. I am under oath as well. A. At the meeting that you and I had with Jason, you never said that to me. i Chairman Lykos: Ms. Sacacian, what Mr. Ossorio said was that you testified to him that you gave Mario a check. He didn't say that you gave him a check. Karin Sacacian: Okay, but there's no check for either ... Chairman Lykos: He's notsaying that lie saw a check. - - Michael Ossorio: I'm just telling you —that's what you tgld me on the 26th of February — that you actually talked to Mario about it and you gave a check to him to give to me. My thought process is—I'm just telling you what you told me. Q. Did you actually suspend my license in September and not at the Hearing so basically when I came or was supposed to be here in December, my license was already suspended? It was based on false documentation that the company provided again. I have a copy of a Notice of Suspension which says the license 19 April 20, 2016 was suspended on September 30" for my not going to the County to file my renewal. So I was in there September 21" doing all the paperwork but then, at the same time, you sent me a Notice of Suspension. A. There's no doubt about it—Jason will tell you —I remember talking to you. There might have been a glitch about your license — you were suspended/you were not suspended when you came in on September 21". But I thought you and I had cleared the air. The Notice was sent in error. Right after you left on the 21 ", it shows after and current. Elle Hunt: We are digressing. Ms. Sacacian, you are cross-examining him based on the information that he gave you. We did not hear testimony from Mr. Ossorio regarding your license being suspended. I am unsure what question you are re- directing here. Karin Sacacian: I am just trying to figure out —since there seems to have been a glitch in the camera that Ms. Clements used and a glitch in the computer that the government has ... again, how can Mr. Mike assure that what he is presenting is actually accurate? Elle Hunt: You can ask questions based on the information that he just gave us. You are giving us new information which, as we discussed earlier, is going to be a part of your case when you give us new evidence. But right now — at this time for you — is to question the testimony that he gave us today. Anything outside that scope, we'll discuss soon — but not now. Karin Sacacian: Okay. I have no questions then. Attorney Morey: Mr. Chairman, thinking about the timing of the admission of the packet that was done during the opening. There was a motion with a second. I think it's the County request and position that it should more appropriately be done during their "Case in Chiefas as part of their evidence. They would like to do it one additional time. Assistant County Attorney Noell: And obviously, any questions of the Respondent as far as any issue with that need to be addressed along with the opportunity to be heard on that. Vice Chairman Joslin moved to approve entering the information packet in Case #2015-09, Board of County Commissioners vs. Karin R. Sacacian, d/b/a "Olde Naples Tile & Marble, LLC, " Respondent, Collier County License Number 25598, as well as the Revised Administrative Complaint, which was provided to the Board on April 20, 2016, into evidence on behalf of the County. Terny Jerulle offered a Second in support of the nnotion. Carried unanimously, 7— 0. Assistant County Attorney Noell: `,><ne need to hear from the Respondent — if she has any objection to the County's request to enter the case packet into evidence. Chairman L,ykos asked Ms. Sacacian to return to the microphone. Karin Sacacian: Yes, that's fine. I have no objection. Karen Clements questioned Rick Ehlers, a witness, who testified on behalf of the County: Q. Mr. Ehlers, could you please state your name and the license that you hold 20 April 20, 2016 A. My name is Rick Ehlers. I hold a Building Contractor's License — CBC to 1250125. Q. And you did go out to Mr. Arico's residence ... A. 1 did. Q. ... and you saw the tile. Can you give us a little statement on what you saw? A. Not much to explain — you have pictures of it. It was well outside of industry standards — there was extreme lippage ... the grade on the floor was too much, especially when you have the 6 x 36 tiles. There is a little bit of cupping involved in the porcelain and then when you have a change in the grade in the floor — it exacerbates the amount of lippage that you might have. Vice Chairman Joslin questioned the Witness: Q. After you looked at this job, Mr. Ehlers, is it your thought that the entire floor needed to be taken up? A. Actually, the beginning of the floor — closest to the kitchen — there was probably about maybe 15 linear feet where the tile appeared to be done fairly well. As it progressed, it seemed to go downhill. Q. Since this is a 6 x 36 tile, is it possible that there could have been defective tiles that were causing this due to the manufacturing? A. It could add to that, yes. I think — what you're allowed — the industry standard due to the amount of cupping and the amount of lippage that you're allowed just for the floor, it exceeds those both together if the tile was faulty. I don't think that would have been an issue in this installation. Q. It just seems unusual that part of the floor — from the pictures, I'm looking at E-22 — part of the floor appears from the picture that where the furniture sits — it appears to be fairly flat. I don't see as much lippage ... maybe it's because of the picture. But from that particular area forward, it appears that a lot of the tiles are what you would consider "lippage." I'm just wondering if those are possibly a manufactured defect where there were boxes of tiles that weren't actually level or flat. And the lippage — if you have lippage on one end or on both ends, you will have a belly in the center if it's installed correctly. A. I think the problem with this floor — it is flat from the center of the unit to the outside of it and then it started to fall off. I think as the installer followed that drop in the floor — that's what caused the lippage. Q. Each one moved a little bit? A. And because you have 36 -inches to cover on the tile, when you change the elevation you are going to have a problem with lippage. Chairman Lykos questioned the Witness: - Q. -Mr. Ehlers how long have you been in the flooring business? - A. As long as I can remember. Q. Can you give me a number of years? A. Ten years. Q. Thank you. I just wanted to have on the record that you are an expert and your testimony can be taken as an expert's testimony. 21 April 20, 2016 Terry Jerulle questioned the Witness: Q. I just want to clarify — as a the installer, if you do come across a the that's not acceptable, what do you do? A. These new wood tiles have these great new installation assistance — you have these wedges that you can put in —so if your tile is cupped which they often are ... and that's kind of a normal thing ... you can install this — put your wedge in there, bring the tiles together, and then push it into your thinset so that ),on do get a flat installation. It's hard — it's difficult — it's a whole new business with this kind of tile, but it's definitely something that you are able to do to install properly. Chairman Lykos questioned the Witness: Q. For clarification, if I could ask you to expand on your testimony, if there are problems with the tile, there are industry -established ways to address that? Does that also apply when there may be problems with the substrate? A. No. If there's a problem with the subfloor, you need to go in and level off the subfloor. When there's a problem with the subfloor, you need to get that right first before you install your tile if it's greater than what you can repair with a thinset installation. Q. For example, if the concrete slab had slopes in it — are there remedies for that? A. Absolutely. Karen Clements questioned the Witness: Q. Approximately how many tile installation have you done? A. Hundreds — maybe. Kyle Lantz questioned the Witness: Q. When you install this plank tile, do you typically install that for the same price that you would charge to install an 18 x 18 tile? A. Not even close. The typical installation for an 18 x 18 is $2.50, and for a 6 x 36 it would be at least $5.00 Chairman Lykos questioned the Witness: Q. So with your company, it is substantially more money to install a 6 x 36? A. Yes. Vice Chairman Joslin questioned the Witness: Q. Is this a ceramic tile or a porcelain tile? r A. I'm not sure what they installed here — I think its porcelain. Q. I am having a hard time accepting that you can take a wedge and put it underneath apiece of 36 -inch porcelain tile and not crack it. — A. No. This is great — it's all over. They have about five different kinds — they have a turn -style with a screw and they have the wedge system — all that does is to bring the tile ... your lippage is only going to be maximum of 1/81h ... so you bring that together and put this ... there is a piece underneath that goes through the tile and then you put the wedge and it brings all the tile together. Then you push it into the thinset It's really kind of a genius invention. 22 April 20, 2016 Terry Jerulle: In my experience, even if the tile was defective, it's the contractor's responsibility not to set it. Vice Chairman Joslin concurred. "Making sure we're on the same page as far as the installation goes." Chairman Lykos: I also heard from tile installers that I work with on a regular basis that when you have this long, narrow tile, you can use different offset patterns to alleviate some of the bowing in the tile. You can also do a rnud-set installation. There are several ways to remediate the problems if you have a bad tile. But to Mr. Jerulle's point, if the tile is that bad - you don't install it. There are some industry standards for dealing with this kind of tile. Karin Sacacian questioned the Witness: Q. Are you a General Contractor or a Tile Contractor? A. I am a General Contractor. Q. So, basically when you go to ajob, you have to hire licensed tile installers - correct? A. I can install it myself just as well. Q. But if you go to a differentjob that is not yours, you have to have someone who has a license - correct? A. Yes, absolutely. Q. So you're not actually the one who is doing the installation? A. Sometimes. Not always. Q. What I am trying to figure out - if you look at a job and since you're a Contractor and you have to hire someone with a license, you aren't necessarily 100% experienced? A. I have installed my share of tile, yes. Q. I have, too. A. Personally. Yes, I qualify for that. Q. But you don't have a license to install tile - correct? A. I think with a CBC license, you are allowed to install tile. Q. I don't think so, but I could be wrong. Chairman Lykos: Yes. Q. I'm sorry - what is the name of your company? A. Ehlers Contracting Services or 41East Corp. I own two. Q. That's all - that's all the questions. Jason Bridwell questioned the Witness: j - Q. What is the quote that you have provided to fix this? - - A. I don't really remember it - it was a while ago - but it should be on record. Q. It is - $6,725.25. Chairman Lykos: In our packet it says $4,470 for labor to remove and install new tile, and $2,255.25 plus tax for the material costs of the new tile. A. Yes, and I believe we had spoken about the percentage of the floor that was about to come up. Again, the beginning area being acceptable and from then on, being ripped out and put in new. 23 April 20, 2016 Vice Chairman Joslin: You are quoting from the good section back? A. Yes, sir. The County concluded its "Case in_Chief" Karin Sacacian, the Respondent, presented her "Case in Chief:" Karin Sacacian: First of all, I have documentation stating that Olde Naples Tile & Marble did not do the job. If you look at the packet that you had before you at the December hearing, at Page 35 where I think Ms. Clements is asking Tom Arico if he has a contract with the company. Mr. Arico said, "Yes. It does not state the name of the company — only the phone." So there's not one piece of evidence that was provided to you at the December hearing that states that Olde Naples Tile & Marble did the initial job in Mr. Tom's house. Chairman Lykos: Ms. Sacacian, we are actually having a new hearing so you are free to present any evidence ... we're working off of a new packet. For example, the contract that we have been talking about in the Hearing is Page E-18. Karin Sacacian: Okay. I'm going to go back to Page E-6 where Ms. Cements stated, "The tiles have been marked that need to be replaced." So there were marks on it. Based on Mr. Tom's testimony, Olde Naples went in there and changed about 50 tiles for repairs. On the estimate that he [Rick Ehlers] gave for the six thousand and something dollars, it said that tiles had to be removed in the living room, dining room, and the bedroom. On Page E-8, although Ms. Karen said that the bedrooms were not done properly, there were no problems in the bedroom and there were just a couple of problems in the living area. Supposedly, there's conflicting documentation stating the amount that needed to be replaced in the apartment [condo]. Chairman Lykos: If ),on would — you are referencing, on Page E-33, Mr. Ehler's email which describes in general the scope of work. Correct? Karin Sacacian: Correct. Chairman Lykos: And you have that page —Page E-33? Karin Sacacian: I do. Chairman Lykos: If I'm correct, it says "... upon inspection of the tile, the the in the living room and dining room needs to be completely removed and replaced as this cannot be repaired. There are some tiles in the bedrooms that can be replaced." Karin Sacacian: Correct. And then on Page E-5, Ms. Clements said, "Two bedrooms were tiled with no problems. Another installer did the living room and dining room, which is where the problem is." Based on her expertise, the bedrooms were perfectly installed. Chairman Lykos: Ms. Clements is not an expert in tile installation. She is a Licensing Compliance Officer. Karin Sacacian: So when she goes to a site, she needs to inspect to make sure that the people who are there actually have a license, not to actually look at the floor and say that it's a faulty job — correct? 24 April 20, 2016 Chairman Lykos: She was charged by the Licensing Supervisor to investigate tile case. Her summary ("Code Case Details" report) is in her words the facts of the case as she perceived them. If you're questioning the expertise of the evaluation of the existing conditions, then we would refer to the expert, Mr. Ehlers, for example, which is why he is here. If you've noticed in our discussion, we have not asked for Ms. Clements expert opinion about the quality of the work. We have asked Mr. Ehlers about that. Karin Sacacian: But she is actually writing in her statement that the bedrooms were done fine, so she ... Elle Hunt: That was her initial assessment — initial investigative assessment. Karin Sacacian: But with her having no experience in tile installation, she would not know if it was a faulty job or not — correct? Elle Hunt: Which is why there was an expert brought in to the case to evaluate and then give us his expert opinion. So, his expert opinion is the one that the Board considers to be relevant versus just an initial investigative finding of preliminary information. Chairman Lykos directed his comments to James Morey, the Board's attorney. He stated: I think the Board does a great job of giving everyone who comes before the Board the leeway to present their case and to make their arguments. But, because this is a Re -Hearing, I want to make sure that we stick to the Code and to the Rules with regard to a Re -Hearing and the facts that we are supposed to hear. We did vote to re -hear the case in its entirety. Attorney Morey: Correct. Chairman Lykos: But I want to stick to the facts — I want to make sure that we stick to what is pertinent. The scope of the work that needs to be corrected, to me, is not relevant. But I am going to ask ),on for guidance because what we are here to decide is whether or not there was faulty work done; who the Qualifier is; and whether or not the Qualifier is responsible for that. The scope of that work is not relevant. In the Complaint, it does not say one room or ten rooms — one hundred thousand dollars or three hundred dollars — the Complaint was in regard to faulty work. I don't want to limit the Respondent's ability to present her "Case in Chief," but I also don't want to get side-tracked. Attorney Morey: When we voted to hear this, we voted to hear it without any restrictions in terms of the issues that she can raise. You very succinctly brought us to the point here: what was the Complaint for? The Complaint was failing to correct faulty work. That's the basis of the Complaint. It doesn't specifically say — we've hear some testimony as to -,what the faulty work may have been or what it may have looked like. I don't think we're limited to hear whatever evidence the Respondent wants to put in. We didn't limit ourselves to any particular issues when we voted to re -hear the case. Vice Chairman Joslin: Furthermore, in our packet we have several pictures of what the County has considered as faulty workmanship. If there's more or less, I don't think it matters as to which room it is in at this point — it could be in any or all of them. Karen Clements is not a professional — she is making an overall investigation ... and she wrote what she saw into tier report. Attorney Morey: And you will recall when we finish the Hearing and it is closed, the Board will be given some instruction as to what to weigh and what not to weigh. And then, I think, the facts will align themselves. 25 April 20, 2016 Karin Sacacian: what I liave —and achialIy 1 had a folder with me back in February when I met with Mr. Jason and Mr. Mike — and I was going to present to Mr. Mike documentation saying that Olde Naples did not do the the installation. Ile kept saying, "No Marius is the Qualifier of the company." So just because he is, he automatically is considered involved and demonstrates that Olde Naples did the tile and marble. I actually opened the folder for him and he refused to look at it. He closed it and he basically shoved it back — if you remember, Mr. Jason, you were there. He was actually very upset and angry, and he was calling my husband several names. But that doesn't really matter. But here's documentation showing that actually as of January 2015, my husband was no longer the Managing Agent of the company. She offered the document of proof that Marius had sold 20 units to her. I did actually make a mistake, as I am not in business — when I did my 2015 Annual Renewal, I did not remove him but I did correct this. On my 2015 Employer Annual Federal Unemployment ("FUTA") Tax Return, it shows that I am the sole member of the company. Respondent's Exhibits: • #1: "Certificate of Membership - 01de Naples Tile cf Marble, LLC, dated January 1, 2015") • #2: "Record of Certificates Issued and Transferred" • #3: "IRS Form 940 for 2015: Employer's Annual Federal Unemployment (FUTA) Tax Return' (6 pages) Elle Hunt asked if the document [Certificate of Membership] had been notarized; Ms. Sacacian's response was, "No." Elle Hunt asked if there was anything the Respondent could produce to validate that it was an accurate representation of the document or the date. Karin Sacacian replied the second document [Record of Certificates Issued and Transferred] recorded the transfer of Marius' units to her. Elle Hunt asked if the second document had been notarized or had any type of validated dates other than Ms. Sacacian's hearsay. Karin Sacacian: No, but I think Exhibit 3 which actually is from a paycheck company — which is official ... it's a tax documentation — and shows me as the sole member of the company. She explained the FUTA showed her husband and her daughter as employees of the company and herself as the sole member. In response to Chairman Lykos' question, Karin Sacacian identified Exhibit #1 as a Certificate of Membership in Olde Naples Tile & Marble, LLC. It was significant because it showed she purchased 20 units of membership from Marius. She explained when she started the company, Marius owned 40% and she owned 60%. She purchased 20% from him a few years ago and the remaining 20% in January. Kyle Lantz asked if Marius was an employee of the company. Me April 20, 2016 Karin Sacacian responded Marius was employed by the company but he was not a representative of the company. Chairman Lykos: He is an employee of the company but you are the sole owner. Karin Sacacian: Correct. Elle Hunt: You mentioned that in you 2015 filings, you neglected to make that change. Karin Sacacian: I didn't realize that I actually had to remove him. The person who does my taxes told me that I had failed to remove him but I did correct it this year when I filed in March. Vice Chairman Joslin: Are you talking about your Annual Report with the State? Karin Sacacian: Yes. Respondent's Exhibit: • #4: "Florida Department of State — Division of Corporations — Entity Search" updated on March 15, 2016 (2 pages) Chairman Lykos examined the Certificate of Membership; he observed the handwritten notes on the corner which were the dates when the transaction occurred and stated, "But this could have been done yesterday." Elle Hunt: That was my initial question — there's no validation of the date or authenticity of these fust two documents. Karin Sacacian: But that's why I brought the tax documentation from the company that ... Elle Hunt: We're just talking about Exhibit 41 and Exhibit #2. Chairman Lykos: My question to Mr. Morey and Mr. Noell is: When there is some kind of ownership change — and I don't know if that is even relevant to the case — including stock ownership, there has to be a proper way to record it. It can'tjust be hand-written. Attorney Morey: When there is an assignment of interest in an LLC or an assignment of stock in a corporation, there is ordinarily some transfer document. You can do that by a separate document or you can endorse the back of the certificate and sign it over. If it's a public company, it has to be Medallion -sealed, which is more than just notarized, to have it be transferred through the proper agent. With private companies, often times will do this on the back or by a separate certificate. I have not seen it hand-written on the front of a certificate too often, but I suppose if it was validated as to date and time, it would be effective between the parties. Ordinarily, it is dated and validated in some shape or fashion. Karin Sacacian: It does have the corporate seal — it's a copy so you can't feel it but it does actually have the seal if you look at it. Vice Chairman Lykos: I can see that — but it's not an original. Elle Hunt: There's no third -party validation. Chairman Lykos: There's no validation. That literally could have been done yesterday — you could have put your corporate seal on it yesterday and copied it. There is no validation of when that occurred. Elle Hunt: I think you've agreed to that— there is no validation for Exhibit #I or Exhibit#2. You are hoping that Exhibit #3 or Exhibit 94 will help validate those. 27 April 20, 2016 Karin Sacacian: Right. Chairman Lykos: However, it is your testimony. Elle Hunt: Agreed. Chairman Lykos: Your testimony which is taken on the record except that there's no way to verify it. Karin Sacacian: But what I'm trying to say is that I brought additional documentation to make sure that they all tie together. So you know that it's an accurate documentation that I am presenting to you. Attorney Morey: Respondent's Exhibit 44, as Ms. Sacacian had mentioned, is a more current print-out — it appears based on address changes that were done as of March 2016. Karin Sacacian: Correct. Attorney Morey: The print-out is from the Secretary of State's website. Elle Hunt: I have Exhibit #3 here and I want to ask a question. You submitted Exhibit #3 which is your 2015 FUTA Tax Return. You said that this document was to validate that your husband, Marius, and your daughter, Doris, are not officers. Karin Sacacian: Correct. They are just employees of the company. On all the pages where ),on see my name, it actually says that I am the sole member of the company. Elle Hunt: Sole member? Karin Sacacian: It's an LLC and I'm the Managing Agent. I'm not the owner. When I opened the business, I was advised to do so as an "LLC." I was told I would be called the "Managing Agent" and not an owner or President, which is the way the other companies work. Elle Hunt: On Exhibit #4, an address change was recorded on April 6, 2015. You did a Registered Agent change on March 15, 2016. Karin Sacacian: Correct, Like I said, I failed to correct it when I did my Annual Report last year. And the tax documentation is to show — since it is a government paperwork that goes to the IRS — I think it's pretty accurate. Elle Hunt: Do you happen to have your actual Annual Report? Right now, thisjust says that the address was changed on March 15, 2016 for the Registered Agent. It doesn't show any officer changes. Karin Sacacian: But it doesn't list my husband which means that he is not an agent. I can show you the one that is wrong — that shows him as a member .... Vice Chairman Joslin: What you are basically saying though, with your testimony now and the paperwork you are providing — you are trying to convince us that your husband was no longer a Managing Member of your company as of the dates of these letters? Karin Sacacian: Correct. Vice Chairman Jos lin: And he was just an employee of the company? Karin Sacacian: Correct. Elle Hunt: Do you have any expectation that a consumer would somehow know this with your husband carrying around a business card with your license on it? Karin Sacacian: I'm sorry? Elle Hunt: Do you have an expectation that a consumer would believe your opinion that your husband does not represent you when he is handing a business card with 28 April 20, 2016 your license number on it? He had been a previous officer of the company —that somehow a cousume.r would have the opinion that he does not represent your company? Karin Sacacian: I think any time you go to ajobsite, I don't think a consumer would actually ask you, "Are you the owner," or "Are you the installer" — I don't think they would ask you what your position with the company would be. Elle Hunt: Correct. And we heard testimony that the consumer did ask and your husband responded that he was the owner of the company. He handed a business card — what is your expectation on how the consumer would have known that your husband does not represent your company? Karin Sacacian: Well, the first question would have been why are there two different installers that did the job, and not the actual person that handed him the card if that's the case. So based on this documentation here, it is stating that two different installers did the tilejob. So it wasn't Marius Sacacian that actually did the installation. Elle Hunt: We heard testimony that Mario and other did. So your expectation is that there is somehow — that once they appeared onsite, there should have been questions? Is that it? Is that the time period? So the consumer could have the opinion that your husband represented the company on the day that he met him — the day that he handed him a card — and the day that he handed him this work order. Karin Sacacian: He could but at the same time, there was not a the company did the job. As Mr. Arico said, the checks were written to Marius Sacacian and not Olde Naples Tile & Marble. Chairman Lykos: As I said before, I am giving you a lot of leeway to present your case. I avant to make sure the information is pertinent. At this point, I think we have gone past "pertinent." You have already testified that Mario was no longer an officer or an owner — that he was an employee. You don't dispute that — it's fine. This information, whether it's verified or not, it's your testimony. But the fact that he was your employee means that your company was hired to do this work. So if your testimony is that your company was not hired, then we need to see evidence that your company was not hired. What we've heard is testimony that your husband provided a business card to the homeowner with — have you seen E-17 which is a copy of the business card? Karin Sacacian: Yes. Chairman Lykos: So it's a business card with your company's name on it, with your husband's name on it, with your license number and with a phone number, and with your husband's cell phone number. Karin Sacacian: Correct. Chairman Lykos: And -we -know that -your -husband -filled out the document on Page E-18. Karin Sacacian: Part of it — not the whole ... Chairman Lykos: That's correct. We had testimony that Mr. Arico did fill out part of that. So if you have evidence that contradicts that Mr. Arico hired Olde Naples Tile & Marble, then please present evidence that he did not hire your company. Karin Sacacian: I think the evidence is stating that two installers — and as you see, t only have two employees in my company, my husband and my daughter — and supposedly, there are two different gentlemen who did the installation in the house 29 April 20, 2016 who have nothing to do with Olde Naples Tile & Marble. Mr. Arico stated they had no tee shirts or any kind of evidence to say that they are part of my company or that they are employees hired by my company. Chairman Lykos: In my opinion, Mr. Arico hired Olde Naples Tile & Marble. He has a business card, he has a contract where he filled out part of ii and your husband filled out part of it. There were people wearing tee shirts that said Olde Naples Tile & Marble and there were some people that came who didn't have tee shirts. But Mr. Arico was never told that some different guys showed up and they were not part of the company. He was never told that your husband was not an owner of the company. I am looking for you to present evidence that just because Karen's report says "other installers," you need to show evidence that backs up your claim that your company was not hired to do this job. Karin Sacacian: Well, on the contract - there's no signature - there's 18 x 18 tile, it doesn't have the company, and the checks that Mr. Arico wrote were personal checks - were not written to the company. And I think that's the evidence that my company did not do the job. Chairman Lylcos: I understand. But, to your testimony, your husband is an employee of the company. An employee of your company met with the homeowner, presented his business card with your company name on it, we have testimony that he filled out the majority of this document, and responded to the homeowner and to Mr. Ossorio, attended meetings at the site, acknowledged responsibility for the work, made attempts to correct the work- that's all the testimony that we heard today. So you need to provide evidence that your company was not hired and saying that Karen's report which mentions another installer, to me, is not evidence that your company was not hired to do this work. You need to provide evidence that supports your claim that your company was not hired to do this job. Kyle Lantz questioned the Respondent: Q. Does Mario still work for Olde Naples Tile & Marble? A. Well, our license has been suspended which, actually, is another paper ... Q. This is a yes or no ... A. He's an employee, yes. Q. What I have to ask as a small business owner is if one of my employees went to meet a potential customer and what I'm hearing from you is somehow he basically said is, "Don't hire Olde Naples Tile & Marble - hire me directly." Is that what you are telling us? Right? A. Correct. Q. Write a check to me - hire me directly - keep Olde Naples out of that job? A. Correct. Q. If one of my employees did that - and I found out about it - that would be his last - - damned day on thejob. Period - end of discussion - no questions. Now he's putting you through all these problems - you lost your damn license over it and he's still an employee of the company! So, are you just that crappy of a business owner that you are allowing this to happen or is that really not what happened? A. Well, since lie is my husband, I don't think I'm such a crappy of a business ... Q. If my wife did it, we world ... A. ...divorce my husband .... 30 April 20, 2015 Chairman Lykos: Ms. Sacacian, you are starting to hear some frustration on the Board. You are the one who requested a re-hcaring. Karin Sacacian: Correct. Chairman Lykos: I am asking you to provide evidence that your company was not hired to do the job. To Mr. Lantz's point, if your employee provided a business card to a homeowner and then asked that the checks be written to him personally then, to me, that sounds like your employee might be misdirecting funds. But it does not mean that your company was not hired. What it means is that your employee was keeping the revenue. So, to this point, you have not shown me evidence that your company was not hired. I am asking you, based on your claim that your company .was not hired, to please continue with any other evidence that you have supporting your claim that your company, Olde Naples Tile & Marble, was not hired by Mr. Arico. Karin Sacacian: I don't think I have any further — I just want to show you the way an estimate from my company actually looks like versus what my husband presumably gave to Mr. Arico. Which would be evidence that what he gave was not a representative of my company so when the contract was written, it had nothing to do with Olde Naples Tile & Marble. And I have several .... Terry Jerulle questioned the Respondent: Q. You had copies of checks earlier? A. I have from my company — is that what you are stating? Q. I'm just asking. So the copies of checks are ... A. Yes. Q. ... from your company. On the checking account for your company, who are the signatures? A. On this one ... mine. On the company, I am the only one who is allowed to sign checks. Q. As of when? A. Since 2004 when I opened the business. Q. Your husband was never a signer ... A. No. Q. ... on the accounts? Do you have a joint checking account with your husband? A. Checking— yes. Personal, not business. Q. So the check that was written by Mr. Arico —that went into your joint account? A. Correct. Q. So you benefitted from the funds from Mr. Arico? A. Yes. Chairman Lykos: Mr. Arico testified earlier with the namesof-someof the Employees that were onsite during the installation. Are they employees of Olde Naples Tile & Marble? A. No. As I have showed you on the tax form, the only employees of the company are my husband, my daughter, and myself. Kyle Lantz: Q. Does Olde Naples Tile & Marble sub out any of its installations or is it all done in house? 31 April 20, 2016 A, Most of the time, it's in-house. Sometimes we do get a recommendation to do dike Lee. County or something and then he contacts companies that actually do have a license for Lee County. Or if a job is too big, he doesn't do a lot of large jobs since he .... Chairman Lykos: Q. Who provides the installation labor on your projects? A. Most of the time, it's my husband and, actually, contrary to some belief, I do, too. Q. I understand. So, if your husband deposited money into your personal checking account and the installers had to get paid somehow, how would they have gotten paid? A. A different company? They would have written a business check. Q. Or with money from your personal account? A. No. Q. Well, how would they have gotten paid? A. Who? Q. The installers? A. There are no installers of Olde Naples Tile & Marble. And I'm not sure, but I don't know who those people are. Q. I understand. Vice Chairman Joslin: I think I'm going to cut to the chase here — I think we're going around in circles because ... Terry Jerulle: Let her finish her testimony. Let her finish presenting her case and then we can discuss ... Q. So one of your defenses is that your company was not hired to do the work? A. Correct. What I'm trying to do is to separate what Mr. Arico had discussed or whatever contract they had on a personal level versus my company. Because here it's my company that's in front of the Board — it has nothing to do with my husband or whatever he does on his free time or whatever he does on a personal level. Q. I understand but the problem is — he is an employee and he was distributing business cards with your name on it. A. If you go to a business, they can give you several business cards — it doesn't mean that you are entering into a contract with them just because they show up at your house. There was not a signed contract — what I'm trying to say is — I'm trying to separate that this, based on all the evidence that shows maybe there was a contract with Mario Saeacian that has nothing to do with a contract with Olde Naples Tile & Marble. This is my point. _- Michael Boyd asked the Respondent if she keeps a monthly sales ledger. A. Like an estimate? I keep all the estimates — yes. Q. Was Mr. Arico's job on your sales ledger? A. No —just the repairs. Q, Just the repairs? A. Yes. 32 April 20, 2016 Q. Okay. And you testified earlier that the checks he [Mr. Arico] wrote went through your personal checking account. A. Right. Q. Is that correct? A. Not through the business account— that's what I'm trying to say ... all the documentation ... Q. You were aware that the job was going on. You didn't question your husband on where the money was or what the money was ... A. I did question him after because I wasn't aware until actually we got all this documentation. I{yle Lantz: Q. So, moving forward, one of the issues that we have when we do a case like this ... first, we determine if we feel you are guilty or not guilty. And then assuming that we — I know in my mind as of this point, if we were to vote right now, I would vote that you were guilty. But I don't speak for anybody else — I'm just trying to move my mind forward. So after we determine if you are guilty or not guilty, we work on the penalty/reimbursement phase. What I want to know, moving forward, for me to determine what I feel a penalty or reimbursement should be is — have you done any — do you have any plan or anyway to prevent something like this from happening again of your husband representing your company — giving somebody a business card? I don't care if he's your husband, your employee, managing member — whatever it is — preventing a homeowner from feeling part of your company, representing ),on — in the future so we are not in this situation again. What steps have you done to ensure that this will never happen again? A. I don't really have anything specific or a plan other than having regular discussions and snaking sure that I do not get put back in this situation. Q. In my mind as a contractor and as someone who hires the installers, I don't feel you deserve to have a license, moving forward, because I don't want this to happen. If you had said to me, I fired him ... A. The only step ... Q. ... separated ties ... A. ... the only step that I can do actually is to eliminate him completely from the company and then he would have absolutely no say. That's the only thing. Q. But you haven't done it? A. No. Chairman Lykos: Q. One of your defenses is that Mr. Arico did not contract with your company. -A. Right. Q. Do you have any other defense or why this is an inappropriate disciplinary action taken against your license? A. I'm contemplating to see if this is maybe more of a personal versus a business conflict between myself and Mr. Ossorio, unfortunately. But I will leave it out of this. And actually my last piece of documentation and I know it was mentioned before, like Mr. Ossorio said that I went an filed my renewal for the license on September Z Ist and then it's actually suspended as of September 301h. So when he came to present my case in front of you asking for my license to be suspended, 33 April 20, 2016 because it was already suspended, and again it's false documentation saying that I did not pay nix, fee and did not go in to renew my license - and I actually have a copy of the license, the Certificate of Competency, and the receipt that I actually paid. So, it seems that a lot of the paper that was presented to you was actually inaccurate. There was a "glitch" with the camera - the wrong date, wrong time - and there was a "glitch" in the computers so I'm not sure there is not another "glitch" in the whole system that the County is using when they make certain claims. Q. This is why we have these Public Hearings so evidence can be presented and testimony can be taken, and we've now gotten testimony from several people from the County's side, we've gotten your testimony, we've seen evidence that you presented which has been entered into evidence. We've had evidence presented from the County. You referenced the camera that had an inappropriate date on it which was brought up at the previous Hearing. That evidence has not been presented today. A. And I do have a copy if that needs to be presented. Q. I understand. I asked you about what your defense was - that this was an inappropriate action taken against your license. So far, your comments have been focused on the fact that your company was not hired. You have commented about meetings with Mr. Ossorio and what he may or may not have said. If you have - I'm not sure what the date on the camera - how that is relevant to the Hearing today. If you think that is relevant to the Hearing today, based on the testimony we've had today, then you are free to make -present any evidence with regard to that, but it needs to be relevant to the case. A. I don't think I have any other information to provide. Q. Okay. I want to snake sure that you feel you've had the opportunity to present all the evidence in your defense completely. A. Okay. Q. Is that the fact? A. Yes. Chairman Lykos: We are going to go into the summary phase and hopefully close this Public Hearing soon. Elle Hunt: Did the County have any questions, though? Assistant County Attorney Noell: We do. The County questioned the Respondent: Q. Good morning, Ma'am. My name is Kevin Noell and I'm an Assistant County Attorney. Mario - back when this tile work was performed - what were Mario's job responsibilities for Naples Tile & Marble? - - - - A. To go out - give estimates. Usually what he does when lie has an estimate, he comes in and I type out the estimate or proposal. Once that is presented to the customer, he agrees to that and then he proceeds with the installation. Q. So Mario would be the liaison so to speak between you and the customers - is that correct? A. Yes. 34 April 20, 2016 Q. So those job responsibilities that Mario had back in 2015 during the subject time frame of this tile install would have been, in part, doing estimates — correct? A. Um-hmm. Q. Is that a "yes"? A. Yes. Q. Okay. Doing installations ... A. Well, he usually does the estimates — like I said, he actually gives me the information, I type up the proposal. Once it is finalized, he presents it to the customer. If the customer agrees to it, he proceeds with the installation. Correct. Q. Doing installations — correct? A. Yes. Q. Also contracting with the customer — correct? A. That's the invoice that I print, yes. Q. Right, and he is the liaison — he would take that to the customer and enter into an agreement — correct? A. Yes. Q. I want to draw your attention to Exhibit E-15 and E-16 in the packet. It is the Florida Department of State Division of Corporations. Do you see that? A. Yes. Q. At the bottom of the document, it shows it was printed on November 13, 2015 — correct? A. Right. Q. On that date, the Florida Department of State's Division of Corporations — what does that show as Marius' title with your company? A. It shows him as a managing agent but like I had mentioned before, I had the documentation, and when I filed this I failed to actually remove him. And I have stated that before. Q. And you didn't remove him, in fact, until March of this year. Correct? A. Correct. But legally on the documentation, based on the tax papers and the Certificate from the company, he was no longer a managing agent as of January 1, 2015. Q. In your opinion. A. In the facts. Q. Right. A. Correct. Q. Did you at any time speak to either Mr. Bridwell, Mr. Ossorio, or any of the folks involved in this investigation and tell them that Mario was performing this work on his own, apart from Naples Tile & Marble? A. No. I said that my company with my husband as the employee was willing to do —was -actually doing a repair at Mr. Tom's house. Q. You first learned that your husband, Mario, had performed this work back in September with Mr. Ossorio's conversation. Correct? A. I never said that he actually performed the installation. Q. You heard Mr. Ossorio ... A. I heard them, yes. Q. Let me finish so we don't talk over each other — okay? You heard Mr. Ossorio's testimony today, right? A. Correct. 35 April 20, 2016 Q. You heard him state on the record that he spoke to you back in September, 2015 that Mario performed this work. Correct? A. That's what he stated, yes. Q. Is that correct? Did you have a conversation with Mr. Ossorio back in September 2015? A. Yes. I was in his office. Q. And at no time after that — either in your letter that you sent to Mr. Lykes or in the motion where you were present last month — did you ever bring before the Board or anyone else the allegation that Mario was doing this work on the side? Is that right? A. As I stated in the letter, it says that, you know, it doesn't say that he did the job. Q. Right. In fact, it said an unlicensed contractor performed the work — right? A. Correct, because it was not my company. Q. By "unlicensed contractor," you meant your husband, Mario? A. No. I would like to ask Mr. Tom how many pieces of tile did my husband actually lay in his house. Q. I understand and you might get a chance to that in rebuttal but, right now, I'm asking you the question. Who did you mean, then, in your letter to Mr. Lykes that an unlicensed installer performed the work? A. That's the gentleman that was installing the tile installation. Q. And your husband had nothing to do with that? A. As far as I know, no. Q. Okay. But Mr. Ossorio told you that he did — correct? A. That's what he believes, yes. Q. Okay. I don't have any other questions. Terry Jerulle: Q. Your husband is Mario or Marius? A. It's Marius. Q. Why is he not here supporting your statement? A. 1 didn't think that he needed to be here. Q. Oh. All it would take would be for him to testify that he didn't do this work under the company. A. I wasn't aware that he can even come. He would have come, but I didn't know that he needed to be here to present the case. I thought that since it is my license that is being questioned — that since I am the representative, I needed to be here. Assistant County Attorney Noell: Q. Your husband met with Mr. Bridwell last week, correct, where lie received the packet? A. Yes. Q. And at that time, your husband and Mr. Bridwell had a conversation about the position — that it was him doing the work on his own. Is that your understanding from the conversation with your husband? A. He just gave me the packet. I'm not sure what they discussed. Q. Okay. 12 April 20, 2016 Terry Jerulle: Q. And just one more follow-up question. The money that went into your account in April of 2015, what you are saying is for work that was unlicensed work, correct? A. That's what f am assuming. I'in not sure if it actually had to do with materials since it says 18 x 18 — it doesn't specify installation or anything — itjust says 18 x 18 tile. So I'm not sure if it was actually a product or if it's actually labor. It could be one or the other. At the same time, even though it said that Mr. Tom changed his mind, the original so -to -say contract mentioned 18 x 18 tiles, the tile that actually is in Mr. Tom's house is 6 x 36. Q. But at that time, you didn't know anything about that? A. No. Q. So at that time, he had money go into your account that you benefitted from? A. Correct. Chairman Lykos: Q. What's your — we heard testimony earlier today from Mr. Arico that he purchased tile at Naples Home Designs and we have a receipt in our packet (E-42). A. Correct. Q. And what's your affiliation with Naples Home Designs? A. I am a part owner of Naples Home Designs. Q. Mr. Arico bought his material from the company that you are a part owner of? A. Correct. Q. Okay. Thank you. Assistant County Attorney Noell stated he had no further questions and the County would rest. Chairman Lykos asked Karen Clements to present a summary closing. Karen Clements: • Take into account that Mr. Arico has lived with this tile for a year now being this way. • And we're just hoping that the charges of faulty workmanship will be charged. Chairman Lykos asked Karin Sacacian if she had a Closing Statement to present. Karin Sacacian: I am reiterating what I said before. I that that, you know, it was a misunderstanding maybe on Mr. Arico as to who was actually contracted and who did the installation and Olde Naples Tile & Marble had nothing to do with thatjob. Vice Chairman Joslin: Q. I have one last question —on the Claim of Lien that was filed for the $1,620.91, what confirmation or what proposal or how did you come up with this $1,620.91 that you claimed for repairs? Do you have a repair order or a contract to repair? Chairman Lykos: Q. Do you have a signed contract from Mr. Arico for that? MA April 20, 2016 A. No, it's an estimate. You asked me for signed ... the original that he's presenting to you is not signed by either my husband or him. Q. I am asking if you have a signed contract for $1,620.91 which you felt was legitimate and filed a Lien on this gentleman's house? A. If I can find the copy, yes. I do have it. It's not signed as I mentioned but it is a contract. Vice Chairman Lykos: Q. A contract or a proposal? A. An estimate, I'm sorry. Q. Does an estimate qualify — there was no agreement, no meeting of the minds that said that Mr. Arico was going to accept that contract or that proposal for you to do the work. A. Well, he did have my husband go in and replace — like he said — about 50 tiles that I actually purchased to be replaced. Yes. Chairman Lykos: Q. In that situation, it was as a representative of Olde Naples Tile & Marble, but the main job wasn't. A. He was sent by me to do it, yes. Q. I understand. But from Mr. Arico's standpoint, how was he supposed to know the difference between the two? You are the license holder, your husband is the representative of your company and Mr. Arico was supposed to know the difference? That's a "yes" or "no" question. A. The people that did ... Q. That was a "yes" or "no" question. A. No. The installers that did the initial ... Q. Thank you. A. ... were not my husband as he can attest. Q. Thank you. Chairman Lykos: We have had Closing Statements from the County and from the Respondent. Vice Chairman Richard Joslin moved to approve closing the Public Hearing in Case #2015-09. Gary McArally offered a Second in support of the motion. Carried mtanimotrsly, 7— 0. Attorney Morey: As you enter into your deliberations in the First Phase, the Board shall ascertain that: • Fundamental fairness and due process were accorded to the Respondent; • The formal Rules of Evidence shall not apply; • The Board will consider solely the evidence presented at the Hearing in its deliberation on the matter; • The Board shall exclude from its deliberation irrelevant, immaterial, and cumulative testimony; 38 April 20, 2016 • The Board shall admit and consider all other evidence of the type commonly relied upon by reasonably prudent persons, whether or not the evidence so admitted would be admissible in a Court of law. • Hearsay evidence may be used explain or supplement any other evidence but hearsay, by itself, is not sufficient to suppprt a Finding unless such hearsay would be admissible over objection in a civil action in Court. • The standard of proof in actions where the Respondent may lose his/her privileges to practice his/her profession is that the evidence presented by the Complainant must prove the Complainant's case in a clear and convincing manner. • The burden of proof on the Complainant is a larger burden than the preponderance of the evidence standard set in civil cases. • The standard of evidence is to be weighed solely as to the charges set out in the Complaint. The only charges the Board may decide upon are the ones for which the Respondent has had an opportunity to prepare a defense. • The damages awarded by the Board must be directly related to the charges. • The decision made by the Board must be stated orally at the Hearing and is effective upon being read unless the Board orders otherwise. • The Respondent, if found guilty, has certain appeal rights to the Contractors' Licensing Board, the Court, the State of Florida's Construction Industry Licensing Board ("CILB") if applicable, pursuant to Florida Statutes and the Florida Administrative Code. • The Board shall vote upon the evidence presented in all areas and, if the Respondent is found in violation, shall adopt the Administrative Complaint. • The Board shall also make Findings of Fact and Conclusion of Law in support of the charges set out in the Complaint. Chairman Lykos suggested taking a short break in the proceedings. BREAK: 11:29 AM RECONVENED: 11:40 AM X. PUBLIC HEARINGS: (CONTINUED) (N te: With reference to the following case heard under Section X, the individuals wlro testified were first sworn in by the Attorney for the Board.) A. Case #2015-09: Board of County Commissioners vs. Karin R. Sacacian, -- d/b/a "Olde Naples Tile & Marble, LLC" (C25598) Chairman Lykos noted Attorney Morey read the directions to the Board. The first step for the Board is to decide guilt or innocence. Then we can discuss any disciplinary action. All of the parties are still present so if we have any questions, we can ask them. Elle Hurt noted the Respondent was not present. 39 April 20, 2016 Attorney Morey confirmed the Respondent had indicated she might not be present for the remaining portion of the Hearing. She was attempting to reschedule a previous appointment. She may, or may not, return. Chairman Lykos stated Mr. Arico and Ms. Clements were present but Mr. Ehlers was not. Chairman Lykos: The first question before the Board is the question of guilt or innocence with regard to the charge. There is just one Count. Kyle Lantz: There is no question in my mind — she is guilty. Gary McNally and Elle Hunt agreed, as well as Vice Chairman Joslin and Michael Boyd. Vice Chairman Richard Joslin moved to approve finding Karin R. Sacacian, d/b/a Olde Naples Tile & Marble, LLC (C #25598) )vas guilty as charged in Court I of the Administrative Complaint. Gary McNally offered a Second in support of the motion. Carried unanimously, 7— 0. Attorney Morey advised the Board of possible Sanctions that it may impose, either alone or in combination, if it found there was misconduct on the part of the Respondent: 1) Revocation of a Collier County (or City) Certificate of Competency, 2) Suspension of a Collier County (or City) Certificate of Competency, 3) Denial of the issuance or renewal of a Collier County (or City) Certificate of Competency, 4) Imposition of a period of probation, not to exceed two years in length, during which time the Contractor's contracting activity shall be under the supervision of the Collier County Contractors' Licensing Board, and/or participation duly accredited program of continuing education directly related to the contracting activities. Any period of probation or continuing education may be revoked for cause; 5) Restitution; 6) Imposition of a fine not to exceed $5,000, 7) Issuance of a public reprimand, 8) Require re-examination of applicable tests related to the contracting activities; 9) Denial of the issuance of Collier County or City building permits or requiring the issuance of such permits with specific conditions, and 10) Recovery of reasonable investigative and legal costs incurred by the County for the prosecution of the violation. He further advised when imposing any of the possible Sanctions on a Contractor, the Contractors' Licensing Board may consider all the evidence presented during the Public Hearing as well as: 1) The gravity of the violation; 2) The impact of the violation on Public Health/Safety or Welfare; 3) Any actions taken by the violator to correct the violation(s); 4) Any previous violations committed by the violator, and 40 April 20, 2016 5) Any other evidence presented at the Hearing by the parties relevant to the _Sanction(s) appropriate for the case, given the nature of the violation(s) or the violator. Chairman Lyhos asked if tile County had a recommendation. Jason Bridwell: • The County recommends a $2,000 fine; • Reimbursement to the County of $1,100 for investigative costs; • Restitution to the homeowner to correct the faulty work in the amount of $6,725. • The Respondent is to pay the fine and reimburse the County within thirty days or her license will be revoked. Michael Boyd asked if the penalties imposed during the December 2015 Hearing were still applicable. Attorney Morey explained the Board granted the Respondent's Request for a Re - Hearing and could impose whatever Sanction it deemed appropriate. Terry Jerulle asked to review the initial penalties that were imposed. [Excerpt from the minutes of the Board's December 16, 2015 meeting: "Vice Chairman Lykos moved to approve imposing the following Sanctions on the Respondent, Karin R. Sacacian: • Immediate suspension the Respondent's license (#25598) until restitution: in the amount of $6,860.55 including sales tax is made to the Homeowner plans reimbursement to the County in the anount of $550 for investigative costs incurred These amounts are to be paid within thirty days. • Assessment of a fnnne in the amount of $2, 000 to be paid within thirty days. • Immediate revocation of the Respondent's license if the payments are not timely made. • If the paynnents are not made as ordered and the Respondent's license is revoked, an additional fine of $3,000 will be assessed. " ] Jason Bridwell noted the investigative costs had increased and the restitution was a fair amount. He stated the amount of the penalty was a suggestion. Chairman Lykos asked if Ms. Sacacian's license would remain suspended until the fine, restitution, and investigative costs were paid. Jason Bridwell: Correct. Chairman Lykos: And then -it would -come -off suspension? Jason Bridwell: She would have to apply for reinstatement. She would have to complete an application and provide an updated business credit report. Chairman Lykos: We could make it part of the Order — to require reinstatement. Jason Bridwell: That is the County's procedure for a suspended license — when a contractor comes off suspension, he/she must apply for reinstatement. Terry Jerulle asked if the County incurs a cost to publish a public reprimand, and Jason Bridwell responded, "Yes." 41 April 20, 2016 Chairman Lykos stated he was in favor of publishing a public reprimand. He further stated if Mr. Saeacian was out selling either for his wife's company or for himself; the public should be aware of the reprimand. Elle Hunt asked how much it would cost the County to publish a reprimand. While an exact amount was not readily available, Assistant County Attorney Noell stated the Board could add reimbursement of that cost as part of its Order. Chairman Lylcos stated his concern was the cost of restitution because the quote was "old." The cost of the the could have increased by as much as 20% or it could have been discontinued. He noted Mr. Ehlers had testified he felt the number was a true representation of the cost. Elle Hunt: We also assumed that would have been done within thirty days of the December Hearing. It has been four months. Attorney Morey reviewed the Sanctions imposed by the Board at the December Hearing. • The investigative costs were $550 at that time; • Restitution up to $6,860.62 — the quote had been adjusted by the Board; • License was suspended until payment was made; • Imposition a fine of $2,000 but if not paid within 30 days, the amount was increased to $3,000 Vice Chairman Joslin stated fie was in favor of placing the company on probation for a period of time, even if the fines and restitution were paid within the 30 -day time limit. Kyle Lantz: I personally do not feel they deserve to be in business. As far as I am concerned, she has made it very clear there is an issue with her husband selling jobs under his name and under her name — it's a grey area — it's been a year and she hasn't addressed it and she has no intention of addressing it. I am sorry that Mr. Arico got screwed but, to me, it means other will be, too. I don't feet comfortable putting the company on probation until there is a plan of action that shows this will not happen again. The biggest thing for me is the action taken — but no action has been taken. It is upsetting that after all this time, no action has been taken. She has shown that she has no business management skills and she doesn't deserve to run a business. From what I have gathered, she has a 9:00 AM to 5:00 PM "real" job. She does the paperwork at night. Her husband does whatever he wants to do with the business and she has no control over it. If something goes good, she collects the money. If something goes bad, she says lie was acting under another business. And she still collects the money. I support Contractors more than I support the-County,—typically, but 100%, I don't think this company deserves to be it) business tomorrow. Vice Chairman Joslin: I think there's an underlying reason for this — it could be a marital situation. It sounds like something else is going on that we may not know about. That's how it appears. Kyle Lantz: Either way, it's still going on. 42 April 20, 2016 Chairman Lykos: My biggest issue since the first time we heard this case — now a Lien has been filed and it was okay for her to file a Lien without a signature on a contract but that was also her defense for why it wasn't her company that did the job. You cannot have that both ways. It is one thing to come here with that defense, but it's another thing altogether to file a Tien on someone's house. To rne, that is so far over the line. I agree with Kyle that these people need to be put out of business. He continued: The one issue, Mr. Arico, that we deal with in these types of situations is if we take away their license permanently, you are less likely to receive restitution. Tom Arico: These people did business with a friend of mine and they charged him $250. Then Karin Sacacian put a lien on this property for $1,200. They told these people to come and talk to me to offer me $1,000 to drop the charges. A week later, they came back again and I refused. These people are sneaky. I had three other offers — $3,000 — and now she's denying that her company did this business. She's a liar. Vice Chairman Joslin: I totally agree with both of you. But if the Board decides to leave her with a license, she should be monitored on probation. Elle Hunt: I would agree as well. Vice Chairman Joslin: The problem will be if she pays the fines and restitution — then she can come back for reinstatement. Chairman Lykos: Mr. Arico also has the option of filing a civil case to obtain reimbursement. Just because the Board orders it — doesn't mean it will happen. It is not as if we would be leaving Mr. Arico without options. I am more concerned about the rest of the community. If they paid this off within thirty days, we would be setting up the next homeowner for the same thing. Elle Hunt: Agreed, agreed. Chairman Lykos: I don't like that we may be limiting Mr. Arico's options but I think for the greater good, these people can't be allowed to operate a business anymore. Jason Bridwell: If the Board decides to suspend her license, any application for reinstatement will come before the Licensing Board and not administratively. Elle Hunt: That's good to know if her license is revoked. Chairman Lykos: Can the Board revoke her license and still require restitution? Once a license is revoked, there is no incentive. Attorney Morey: The Board may do any of the things enumerated — may impose Sanctions either individually or in concert. Elle Hunt: So we can include other fines — up to $5,000. -V-ice-Chairman_Joslin:_ How many times has she been in trouble? _ Were there other cases? Karen Clements: I brought another case before the Board in 2014 and they actually settled out in the hall. The couple was from Canada. And Carlos who she claims doesn't work with her husband was the employee at that time and he was here with them, with them, before you. Kyle Lantz stated lie was ready to propose a motion. EN April 20, 2016 Kyle Lantz moved to approve imposing the following Sanctions on Karin R. Sacacian, d/b/a Olde Naples Tile & Marble, LL C. - • r• Reimbursement to the County of $I,I00 for investigative and administrative costs incurred; • Payment of $6,72.5 to the homeowner as restitution; • Imposition of a fnne in the sun of $2,000; • Publication of a Public Reprimand in the form of a Press Release detailing the Sanctions that were imposer!; • Revocation of the Qualifier's license; • All fines mad fees are to be paid within thirty days; • Any payments made will first be applied to restitution to the homeowner before reimbursement to the County. Elle Hunt offered a Second in support of tine motion and suggested annending the motion to include payment of any costs incurred to publish the Public Reprimand. Kyle Lantz approved the suggested amendment to his motion. Discussion: • Terry Jerulle suggested increasing the fine to $2,500. • Kyle Lantz did not object but noted the "crime" was the same as heard in December, and the amount of the administrative costs had been increased to cover the County's time. • Chairman L,ylcos asked Attorney Morey what was the maximum fine the Board could charge. The reply was, "$5,000." Comment by Chairman Lykos: The Board should not send a message that if a Contractor challenges an Order of the Board, the level of punishment would automatically be increased. Individuals would be dis-incentivized from employing their right to so do. In other words, we don't want to send the message, "if you challenge us, we will make you pay." Elle Hunt noted, in December, the Board assessed a fine of $2,000 and cautioned the Respondent that if it wasn't paid within thirty days, it would be increased to $3,000. Four months have elapsed and the Board has come to the same conclusion. In theory, it would not be seen as punitive to impose a fine of $3,000. Attorney Morey confirmed the original Order assessed a fine of $2,000 to be paid within thirty days or it would be increased to $3,000. Chairman Lykos agreed that increasing the amount of the fine was appropriate in this situation, especially when considering the lien situation. Assistant County Attorney Noell reminded the Board the prior Order was not in effect because everything was "stayed" once the Board granted Ms. Sacacian's Request for a Re -Hearing. He noted at the December hearing, the Board was not able to hear the Respondent's explanations. After hearing her comments, the Board may decide to impose a more significant penally. Chairman Lykos concurred, stating the Board did not necessarily have to restrict itself due to a prior Order and could impose a fine up to $5,000 if it chose. 44 April 20, 2016 Terry Jerulle explained his comment was not based upon punishing anyone. It was based upon testimony that, as a Contractor ii' Collier County, her husband took a check and deposited it into ajoint account. Either she knowingly did that or found out about it and didn't do anything. Chairman Lykos added the Respondent's other company provided the file — more than once. Her husband was the one who ordered it — send Mr. Arico to the other company to buy the tile. Terry Jerulle agreed noting she had benefitted personally from this, which is why he suggested increasing the amount of the fine. Vice Chairman Joslin cautioned if Ms. Sacacian's license was revoked, lie did not think she would pay anything. If the license is suspended and she does pay the fines and snake restitution, she would be placed on probation where she could be monitored. He questioned does that "open the door" for her to do it again — it also guarantees that Mr. Arico will receive at least some of the money due him. If her license is revoked, why would she pay — why would she bother? Elle Hunt: Mr. Arico might have to go to Court anyway. She filed a Lien two days after the Board's original Order was decided. It does not sound as if she has any intent to comply with anything the Board might order. Chairman Lykos noted if she wants to run her business, she will pay — whether it's $8,000 or $10,000. Whether it's a suspension or revocation, she will have to go through the process. He again stated he thought the amount of the fine should be increased. Gary McNally supported Mr. Lantz's motion. He noted Kyle suggested a $2,000 fine; Terry suggested $2,500 but he agreed $3,000 would be more appropriate. Terry Jerulle suggested staying with $2,000 but increasing if payment is not made within 30 days to $3,000. Kyle Lantz explained the Respondent will be ordered to make restitution to Mr. Arico, reimburse the County for its administrative/investigative costs, and pay a fine of $2,000 — all within thirty days. Any payments she makes will be applied to the money owed to Mr. Arico first. Chairman Lykos noted if she does apply for a neve license, she will be required to appear before the Board. She is the Qualifier and holds the license. Kyle Lantz asked Elle Hina if she agreed to the final amendnnent of the motion: The Respondent will be fined $2,000 to be paid within third, days. If the fine, reimbursement to the County, and restitution to Mr. Arico are not paid within thirty days, the fine will be increased to $3,000. Ms. Hunt agreed. Chairman Lykos noted the motion had been annended by the motion maker and the maker of the Second agreed. He called for a vote on the annended notion. Carried unanimously, 7— 0. 45 April 20, 2016 Chairman Lykos outlined the Board's Order: This Cause came on for Public Hearing before the Contractors' Licensing Board on April 20, 2016 for consideration of the Administrative Complaint in Case #2015-09 —Board of County Commissioners vs. Karin R. Sacacian, d1h1a Olde Naples Tile S, Marble, LLC (C #25598). Service of the Complaint was made in accordance with Collier County Ordinance 90-105, as amended. The Board, at this Hearing, having heard testimony under oath, received evidence, and heard arguments respective to all appropriate matters, and thereupon issued its Findings of Facts and Conclusions of Law as follows. Fimdin2s of Fact: • The Respondent, Karin R. Sacacian, d/b/a/ Olde Naples Tile & Marble, LLC, is the holder of record of Collier County Certificate of Competency Number 25598 (Tile & Marble Installer). • The Board of County Commissioners, Collier County, Florida, Contractors' Licensing Board is the Petitioner (Complainant) in this matter. • The Board has jurisdiction of the person of the Respondent. • Respondent, Karin R. Sacacian, was present at the Public Hearing held on April 20, 2016 and was not represented by Counsel at said Hearing. • All notices required by Collier County Ordinance 90-105, as amended, had been properly issued and were personally delivered. • Based on the evidence presented, the Respondent acted in a manner that is in violation of Collier County Ordinances and is the one who committed the act. • The following Allegations of Fact set forth in Administrative Complaint were found to be supported by the evidence presented at the Hearing: o Count I: Collier County Ordinance #90-105, as amended, Section 22-201(10) states: "Failing to promptly correct faulty workmanship or promptly replace faulty materials installed contrary to the provisions of the construction contract. Faulty workmanship means work that is not commenced, not continued, or not completed in accordance Nvith all specifications of the applicable written agreement. Faulty workmanship includes any material flaw(s) in the quality and/or quantity of the unfinished or finished work product, including any item that does not function properly as a part of the entire project. If there is no written agreement provision regarding the specific faulty workmanship issue, faulty workmanship exists if the work, process, product or part thereof does _not meet generally accepted standards in Collier County in relation to the entire project. Faulty workmanship does not include matters of esthetics unless the esthetically related item clearly violates a written contract specification directly related thereto." 46 April 20, 2016 Conclusions of Lmv: The Conclusions of Law alleged and set forth in the Administrative Complaint as to Count I was approved, adopted and incorporated herein, to wit: The Respondent violated Section 22-201(10) of Collier County Ordinance 90-105, as amended, regarding failing to promptly correct faulty workmanship or failing to promptly replace faulty materials. Order of the Board: Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 489, Florida Statutes, and in Collier County Ordinance 90-105, as amended, by a vote of seven (7) in favor and none (0) in opposition, a majority vote of the Board members present, the Respondent has been found in violation as set out above. Further, it is hereby ordered by a vote of seven (7) in favor, and none (0) in opposition, a majority vote of the Board members present, that the following disciplinary Sanctions are hereby imposed upon Karin R. Sacacian, the holder of Collier County Certificate of Competency #25598, to wit: o Revocation of the Qualifier's license. o Reimbursement to the Count) of $1,100 for investigative and administrative costs incurred, to be paid within 30 days; o Payment of $6,725 to the homeowner as restitution; o Imposition of a fine in the sun: of $2,000 to be paid within thirty days or the fine will be increased to $3,000; o Publication of a Public Reprimand in the form of a Press Release detailing the Sanctions that were imposed; o Reimbursement to the County of any costs associated with the publication of the PublicReprimand; o Any payments made will first be applied to restitution to the homeovner before reimbursement to the County. o Any future application for reinstatement by Ms. Sacacian will be brought before the Board for a Hearing rather than administratively issued by the Licensing Supervisor. Vice Chairrnan Joslin moved to approve closing Case #2015-09. Gary McNally offered a Seconal in support of tlne rnuotion. Carried unanimously, 7-0. Chairman Lykos noted the case was closed. — Kyle Lantz commented that, when hiring a Contractor, checks should be written to the business, not to the Contractor, as a safeguard to prevent problems. 47