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HomeMy WebLinkAboutMinutes 03.20.2024 Contractor Licensing Board Minutes – Draft March 20, 2024 at 8:30 a.m. St. Lucie County Administration Board of County Commissioners Commission Chambers PRESENT ABSENT STAFF PRESENT Contractor Licensing Supervisor…………………………………………………… Danielle Williams Interim Building Official………….…………………………………….……………. Mark Thornbloom Assistant County Attorney………………………………………………………….. Katherine Barbieri Code Compliance Manager……………………………………………………….. Monica Graziani Contractor Licensing Investigator………………………………………………… Michael Winkler Board Recorder……………………………………………………………………... Roxann Johnson A. CALL TO ORDER: The meeting was called to order at 8:30 a.m. B. ROLL CALL OF BOARD MEMBERS: The roll was called. Board members Adam Sampson and Gary Morris were excused. C. APPROVAL OF MINUTES: January 17, 2024 Contractor Examining Licensing Board Meeting Motion was made by Mr. Priest to approve the Minutes of the January 17, 2024 meeting. Mr. Langel seconded and the motion carried unanimously. D. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Danielle Williams, Mark Thornbloom, Michael Winkler, and Monica Graziani. E. PUBLIC COMMENT: Vice Chairman Leonard asked the audience if anyone present wanted to speak to the Board under public comment. There being none the Board moved on to Applications to be approved. F. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. Pride to approve the applicants recommended by Consent vote. Mr. Kauffman seconded and the motion carried unanimously. Chairman.…………………………..................................................................... Travis Leonard Vice Chairman………………………………………………………………………. Tony Jerger Secretary……………………………………………………………………..……… Michael DiFrancesco ………………………………………………………………………………………… Chris Langel ………………………………………………………………………………………… Michael Pride ………….…………...………………………………………………………………… Sheila McCarthy-Taylor ………………………………………………………………………………………… Michael Kauffmann …..……………………………………………………………………………………. Roger Priest ………………..……………………………………………………………………….. Adam Sampson ……………………………………………………………………………………….... Gary Morris 2 The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency Douglas Marine Agricultural Services Int’l LLC Irrigation Sprinkler Prov William L. Crawford W.L. Crawford Construction LLC Concrete Contractor Prov Landon Dinsdale N/A Journeyman Electrician Prov Tyler Spells N/A Journeyman Electrician Prov Jason Jack Triple J AC LLC Class B Air Conditioning Prov Alan F. Marcus Sign It Inc. Sign Electrical Contractor Prov APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. Pride to approve the applicants recommended by Reciprocity vote. Mr. Langel seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor Paul M. Monachino Vammi Plumbing Inc. Plumbing Contractor Stephen C. Folds Treasure Coast Shutters LLC Hurricane Protection Contractor Edward Johnson J Mitchell Electric LLC Electrical Contractor Marvin L. Davis Florida Electrical LLC Electrical Contractor APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: The applicant’s names were read into the record. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD: 1) Mr. Diego Furlanetto – Line Pro Electrical Contractor LLC – Electrical Contractor. Chairman Leonard stated next, we have the applications for review by the Board. Do we have Mr. Diego Furlanetto in the audience? Chairman Leonard asked Mr. Furlanetto to come up to the podium to be sworn in by the Recording Secretary. Mr. Diego Furlanetto Burns was sworn in by the Recording Secretary. Chairman Leornard: I've read your packet. I have very little questions. Thank you for providing all the information that you did. Chairman Leonard: If anybody on the board has any questions for Mr. Furlanetto, now is the time. Hearing none, I'll accept the motion to approve his application. Mr. Pride: I'll make a motion to approve. Mr. Pride made to accept Staff’s recommendation to approve Mr. Diego Furlanetto to be sponsored by St. Lucie County to take the Master Electrician exam. Qualifier Business Name Type of Contractor Michael N. Colwell MC Fence and Deck LLC Fence Contractor Qualifier Business Name Type of Contractor Diego Furlanetto Line Pro Electrical Contractor LLC Electrical Contractor Jose N. Duarte N/A Journeyman Electrician 3 Mr. Jerger seconded and the motion carried unanimously. 2) Mr. Jose Duarte – Journeyman Plumber Chairman Leonard: Up next, Mr. Jose Duarte. Mr. Jose Duarte, please come up and be sworn in. Mr. Jose Duarte was sworn in by the Recording Secretary. Chairman Leonard: Thank you for being here. I've read your packet. I have no questions. Chairman Leonard: Does anybody on the board have any questions for Mr. Duarte? Hearing none, I'll accept the motion. Mr. Kauffmann: I'll make a motion. Mr. Kauffmann made to accept Staff’s recommendation to approve Mr. Jose Duarte to be sponsored by St. Lucie County to take the Journeyman Electrician exam. Mr. DiFrancesco seconded and the motion carried unanimously. G. CITATION APPEAL 1) Case No. 2401-112392 - John Stanislaus Morales and/or Stanislaus Enterprise Inc. Chairman Leonard stated Up next, our citation appeal for Mr. John Stanislas Morales. He asked Officer Winkler, to update the Board about the citation appeal. Officer Winkler addressed the Board and stated for the record, he is submitting three (3) photos taken January 29th, 2024, Three (3) photos taken February 18th, 2024, one (1) photo taken July 2022 by Google's Maps. Officer Winkler stated the location is 19, Quintana, Roo Lane. Case number is 2401-112392. On January 29th, 2024.Steve Rodriguez, Manager of Spanish Lakes Mobile Home Park, had contact with Code Officer Paula Guy. He stated on January 26th, 2024, Stanislaus Roofing began a roof job at 19 Quintana Roo Lane. A stop work order issued from Spanish Lakes for unpermitted work was issued. As of January 29th, 2024, work was still actively in progress, so Steve Rodriguez requested the county to issue a stop work order. I inspected the property at 19 Quintina Rue Lane on January 29th, 2024, and took pictures of the roof job. Building Official Mark Thornbloom reviewed all the pictures of the roof job and stated a permit is required. Officer Winkler stated It's required because it's not a like-for-like job. Mr. Thornbloom was further concerned with the integrity of the mobile home due to the weight of the roof. Homeowner, Charles Carter was made aware of Mr. Thornbloom's concerns and he stated he would not stop the work. Mr. Carter was made aware that a stop work order would be issued on January 30th, 2024, due to the extra weight of the roof. January 30th, 2024, arrived at the 19 Quintana Rue Lane and had contact with Mr. Morales. The stop work order was handed to Mr. Morales. Officer Winkler stated on February 28th, 2024, he conducted inspection of 19 Quintana Rue Lane and observed a roof had been completed. He stated he verified that no permits had been applied for or issued and the stop work order had not been removed. Mr. Morales was notified by mail on February 29th, 2024, that they in violations of section 10-99 and issued a citation 396 with a compliance date of March 9th, 2024. Citation was for section 10-99 violations number seven or proceed on a job without first obtaining applicable local building permits inspections or performed any work for which a building permit is required without such a building permit being current. Officer Winkler stated on March 11th, 2024, Mr. Morales came to 2300 Virginia Avenue to talk to him, but he was unavailable. He also left a voicemail for me. He stated he returned Mr. Morales' call and he requested a hearing date to appeal the citation. Mr. Morales chose the March 20th hearing date and the notice was sent out U.S. mail and on March 12th, he also personally hand-delivered the notice to Mr. Morales at his address. Officer Winkler stated Staff recommendations are $500 citation be paid within 30 days of the date of the Board meeting and authorize staff to place a lien against the contractor if not paid within 30 days. Chairman Leonard: Mr. Winkler, thank you. You said that and stated a permit was never pulled on this and the roof is completed? Officer Winkler: Yes, sir. 4 Chairman Leonard: And you said that our Building Official, Mr. Thornbloom, recommended a permit be pulled because it was not like-for-like? Officer Winkler: Yes, sir. Chairman Leonard: Thank you. Mr. Morales, would you please come up, state your name, address, and be sworn in. Mr. John Morales was sworn in by the Recording Secretary Chairman Leonard: Mr. Morales, good morning. Thank you for being here. What would you like to add? Mr. Morales: Well, first of all, we called the building department prior to starting this project and they told us there was no permit required. Furthermore, if you go on the website, the St. Lucie County website, which I spoke to Mr. Michael about, on the website it states that we don't need a permit. Structure doesn't talk about like-for-like. It just says you'll need a permit period, whether it's structural, roofing, and that's it. I mean, I don't know what else to tell you guys. Chairman Leonard: Mr. Thornbrough, good morning. You have been on this project. You were on the site and you had stated that the permit needed to be pulled. Mark Thornbloom, Interim Building Official: Yes, sir. Yes, we do. You know, there are certain allowances for mobile homes, as you're well aware, being a manufactured home, but when you're replacing a roof on a mobile home, it does have to be a like-for-like replacement. Mark Thornbloom, Interim Building Official: And so, if you're doing an addition or an add-on to the mobile home, then that does require a permit. Further, on this particular one, we did have, and I reviewed it, I was not on site, but our code officers were on site and I reviewed the photos and we did have significant concerns because we are looking at, it looks like, two-by- six trusses or rafters on at least 24-inch centers or possibly 16-inch centers and then a metal roof on top of that, which is a very sturdy roof, but there's no apparent structural support except for the structure of the mobile home itself. Mark Thornbloom, Interim Building Official: I'm not certified to determine whether or not the mobile home is able to carry that weight, but there is a requirement for add-ons to be able to make sure that the structure of the mobile home is able to carry that kind of weight. There does not appear to be any external support either. So, the weight of the roof is being carried by, it would appear that the weight of the roof is being carried by the mobile home structure. Chairman Leonard: I appreciate that. Thank you. Chairman Leonard: Mr. Morales, you've had your roofing contractor's license since 2006? Mr. Morales: Yes, sir. Chairman Leonard: Is that a like-for-like or did you upgrade that roof? Mr. Morales: It doesn't say like-for-like. That's the part I'm a little bit confused. Everybody keeps on saying this and bringing this subject up, but if you read on your website, can I show it to you? Chairman Leonard: Mr. Morales, I'm very familiar with that article. Thank you. Mr. Morales, let me ask you a question. The roof that you removed and the roof that you replaced, is it the exact same structure? Mr. Morales: No, it's not. No, sir. Chairman Leonard: Thank you, sir. I appreciate it. I have no further questions for Mr. Morales. Does anybody have any questions for Mr. Morales? There was discussion among the Board, Staff and Mr. Morales regarding the case. Mr. Difrancesco made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. 5 CITATION APPEAL 2) Danny Pena and/or DM Top Notch Services LLC Chairman Leonard stated next on our agenda is citation appeal no. two for Case No. 2402-0000050 against Evan Buckman and/or America’s Top-Notch Tree Service. He asked Staff to update the Board on the case. Officer Winkler addressed the Board and stated for the record he is submitting nine (9) photos taken on February 1st, 2024. It included a complaint affidavit from Linda Norman. Ms. Norman hired Danny Pena, DM Top-Notch Services, on May 1st, 2023, for the scope of the work on the contract for services totaling $25,000. Officer Winkler stated on May 1st, 2023, Ms. Norman billed $1,000 to Danny Pena's wife, Mary Pena. On May 2nd, 2023, Ms. Norman wrote a check to DM Top-Notch Services for $11,500. On May 15th, 2023, Ms. Norman wrote a check to DM Top Notch Services for $6,500. On June 5th, 2023, Ms. Norman wrote a check to Danny Pena for $3,000 for him to finish her roof repair. Mr. Pena began work on the siding of the house and did an additional repair on the roof of the house, installed one window and drywall on the inside of the house. Officer Winkler stated Mr. Pena is not a licensed contractor to perform the listed work. Mr. Pena was notified by mail on February 2nd, 2024, for being in violation of: Section 10-99 (7), advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. Section 10-99 (9), proceed on a job without first obtaining applicable local building permits and inspections or perform any of the work for which a building permit and or environmental regulations permit is required without such permit being current. Officer Winkler stated he issued a citation number 394 with a compliance date of February 12th, 2024 was given. Mr. Pena is unlicensed and unable to pull the permits. Since the citation was issued and not paid February 13th, 2024, a notice to appear was sent out on February 13th, 2024. On February 20th, 2024, I received an email from Mary Pena, DM Top-Notch Services requested an extension. He stated he advised her that the hearing was not until May 20th, 2024, which would give her 30 days to prepare for response. As of March 20th, 2024, no permit has been obtained. Officer Winkler stated Staff recommends, the $500 citation be paid within 30 days of the date of the board meeting and authorize staff to place a lien against the contractor if not paid within 30 days. There was discussion among the Board, Staff and Ms. Linda Norman regarding the case. Mr. Pride made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. Chairman Leonard stated is Evan Buckman here? Is Desiree Buckman here? How does this work? Would you like me to bring Ms. Desiree up as a representative? Okay. Ms. Desiree, do you want to come up to the podium and get sworn in? Mrs. Desiree Buckman was sworn in by the Recording Secretary H. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 1) Case No. 2311-0000057 - Emily Galen and/or Sunshine Gas LLC Chairman Leonard stated Officer Winkler, please bring staff up to speed on what we got going on here. Officer Winkler addressed the Board and stated for the record, he is submitting three (3) photos taken January 10, 2024 at the listed address. Rebecca Poznanski hired Sunshine Gas LLC Emily N. Galen to install a 100-pound LP tank and run a copper gas line from the tank into the house to the stove. 6 Emily Gallin applied for a permit for gas 2306-000268 on June 21, 2023. Emily Gallin was notified the permit was ready for pickup. The permit was never paid for, resulting in the permit not being issued and being voided due to no activity for more than 188 days. The 100-pound tank was installed and a copper line was ran from the tank to the stove, just as listed. Officer Winkler stated Ms. Poznanski attempted to contact Sunshine Gas LLC and Emily N. Galen because a kink in the copper line that was ran from the tank to the stove became a problem. She had no success getting Sunshine Gas and or Emily Galen to return her calls. Citation 389 was issued and sent to Sunshine Gas LLC and Emily N. Galen on January 10, 2024 with a compliance date of January 20, 2024. It was also posted on the property on January 18, 2024 at the following places: Sunshine Gas LLC located at 1879 SW Biltmore Street in Port St. Lucie, Sunshine Gas LLC at 4109 Bandy Boulevard in Fort Pierce and at Emily N. Galen’s address at 192 SE Carter Avenue, Port St. Lucie. Officer Winkler stated the citation was issued for: Section 10-99 (9), proceed on a job without first obtaining applicable local building permits and inspections or perform any of the work for which a building permit and or environmental regulations permit is required without such permit being current. Officer Winkler stated since the citation wasn't paid by January 21, 2024, a notice to appear was sent out on January 22, 2024 and also posted on the property on January 22, 2024 at the same addresses listed above. Office Winkler stated as of March 20, 2024, I've had no contact from Sunshine Gas LLC or Emily N. Gallin and no permit has been obtained. Staff recommends, the $500 citation be paid within 30 days of the date of this board meeting and authorize staff to place a lien against the contractor if not paid within 30 days. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. 2) Case No. 2401-112242 - Rene Zelaya Romero and/or Zelaya’s Mobile Home Movers and Installers LLC Chairman Leonard stated up next is Waiver of Rights number two. He asked Officer Winkler to update the Board on the case. Officer Winkler stated Mr. Zelaya began the work on the mobile home setup but has not completed the home setup leveling floors or hooking up the plumbing. Mr. Zala had his license suspended by the board on September 21st, 2022. Therefore, Mr. Zelaya would not have been able to obtain a permit for the contracted work he offered to Mr. O'Leary on August 8th, 2023. Officer Winkler stated Mr. Zelaya was notified by mail on January 2nd, 2024 that they are in violation of section 1099.5 and issued a citation 3888 with a compliance date of January 12th, 2024 was given. The citation was for section: Section 10-99 (5) use or attempted to use a certificate license or registration which has been suspended or revoked because Mr. Zelaya is unlicensed for permits for the job. Officer Winkler stated Since citation was not paid by January 13th, 2024, a notice to appear was sent out on January 17th by mail and posted on the property January 18th at both the addresses on file. On February 1st, 2024, the notice of the violation was returned undeliverable. Officer Winkler stated on February 2nd, 2024, the NOV and NTA were posted at both addresses 119 Vindale Avenue, Fort Pierce and Mr. Zelaya 's address he uses on his information of 3200 South 7th Street Unit Lot 54, Fort Pierce. As of March 20th, 2024, I've had no contact from Zala Mobile Home Movers and Installers, LLC or Mr. Zelaya and the citation has not been paid. Officer Winkler stated Staff’s recommends, the $500 citation be paid within 30 days of the date of the Board meeting and authorize staff to place a lien against the contractor if not paid within 30 days. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Priest seconded and the motion carried unanimously. 7 Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. 3) Case No. 2402-112547 - Patrick L. Silas Jr. and/or Silas Construction & Development LLC Chairman Leonard stated up next, we have Waiver of Rights number three. He asked Officer Winkler to update the Board on the case. Officer Winkler addressed the Board and stated for the record he is submitting nine (9) photos taken January 29th, 2024 and complaint affidavit from Ephraim Jackson. Officer Winkler stated Pastor Jackson, who runs Redeeming Love Church of God, Incorporated, hired Patrick Lawrence Salas, Jr., Silas Construction Development, LLC, and signed a contract on June 6th, 2021 to refurbish the church's buildings. Patrick Lawrence Salas, Jr., Silas Construction Development, was paid $35,000 on June 6th, 2021. On October 24th, 2022, Pastor Jackson paid Salas Construction Development, LLC, $23,205. Officer Winkler stated on December 11th, 2022, Pastor Jackson paid Silas Construction Development, LLC, $11,000. January 9th, 2024, 2023, Pastor Jackson paid Silas Construction Development, LLC, $10,900, and on March 15th, 2023, Pastor Jackson paid Salas Construction Development, LLC, $20,000. Officer Winkler stated Mr. Silas is a certified building contractor and his license number is CBC-1254328. On September 3rd, 2021, permit number 2109-0101 was applied for by Mr. Silas. On October 26th, 2023, the permit was voided due to no activity in 180 days. Officer Winkler stated Mr. Silas began work on the building roughing in rooms without a permit. Citation # 395 was issued by mail to Patrick L. Salas and/or Silas Construction and Development LLC on February 28, 2024 with a compliance date of March 8, 2024.. Officer Winkler stated the citation was for: Section 10-99 (9), proceed on a job without first obtaining applicable local building permits and inspections or perform any of the work for which a building permit and or environmental regulations permit is required without such permit being current. Officer Winkler stated since the citation was not paid by March 9, 2024, a notice to appear was sent out on March 11, 2024. The mail and the notice was also posted at 5799 South U.S. Highway 1, Fort Pierce< FL. As of March 20, 2024, he has had no contact with Mr. Silas and/or Silas Construction and Development and no permit has been obtained. Officer Winkler stated Staff recommends, the $500 citation be paid within thirty days of the date of this board meeting and authorize staff to place a lien against the contractor if not paid within thirty days. Mr. Pride made a motion to accept staff’s recommendation of $500.00 citation fee (1st offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. I. DISCIPLINARY CASE 1) Case No. 2402-0000070 - Patrick L. Silas Jr. and/or Silas Construction & Development LLC Officer Winkler addressed the Board and stated for the record he is submitting nine (9) photos taken January 29th, 2024 and complaint affidavit from Ephraim Jackson. Officer Winkler stated Pastor Jackson, who runs Redeeming Love Church of God, Incorporated, hired Patrick Lawrence Salas, Jr., Silas Construction Development, LLC, and signed a contract on June 6th, 2021 to refurbish the church's buildings. Patrick Lawrence Salas, Jr., Silas Construction Development, was paid $35,000 on June 6th, 2021. On October 24th, 2022, Pastor Jackson paid Salas Construction Development, LLC, $23,205. 8 Officer Winkler stated on December 11th, 2022, Pastor Jackson paid Silas Construction Development, LLC, $11,000. January 9th, 2024, 2023, Pastor Jackson paid Silas Construction Development, LLC, $10,900, and on March 15th, 2023, Pastor Jackson paid Salas Construction Development, LLC, $20,000. Officer Winkler stated Mr. Silas is a certified building contractor and his license number is CBC-1254328. On September 3rd, 2021, permit number 2109-0101 was applied for by Mr. Silas. On October 26th, 2023, the permit was voided due to no activity in 180 days. Officer Winkler stated Mr. Silas began work on the building roughing in rooms without a permit. Citation # 395 was issued by mail to Patrick L. Salas and/or Silas Construction and Development LLC on February 28, 2024 with a compliance date of March 8, 2024. Officer Winkler stated Mr. Silas began the work on the building, roughing rooms without a permit. February 28th, 2024, a notice of violation was sent by mail to Mr. Silas with the appearance date of March 20th, 2024, St. Lucie Contractor Licensing Board for the following violations. Mail came back unserved on March 11th and the notice was posted at 5799 South US Highway, Fort Pierce, on the same day. Officer Winkler stated the violations were for: Section 10-67: Revocation or suspension of certificate of Competency: Sub section (3) Disregards and violates an applicable state or local building code, regulation or law for having an expired permit. Sub section (8) Abandons a construction project in which the contractor is engaged or under contract as a contractor. A project shall be considered abandoned 90 days after the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work under the contract for 90 consecutive days. Officer Winkler stated as of March 20th, 2024, he has had no contact from Patrick Lawrence Silas, Jr. or Salas Construction Development LLC. Staff recommendations to suspend the permitting privileges for Mr. Patrick Salas, Jr. Salas Construction Development LLC for a period not to exceed 365 days. Mr. DiFrancesco made a motion to accept Staff recommendation to revoke the permitting privileges for Patrick L. Silas Jr. and/or Silas Construction & Development LLC for a term not to exceed three hundred and sixty-five (365) days. After the revocation period, Patrick L. Silas Jr. and/or Silas Construction & Development LLC must request to be reinstated before the Contractor Licensing Board. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the state and surrounding municipalities. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 4) Case No. 2308-111511 - Anthony Profeta and/or Choice Roofing of Florida LLC Officer Williams addressed the Board and stated for the record she is submitting four (4) photos, showing workers on the roof a copy of the Workman's Comp exemption for Choice Roofing of Florida Inc. and a copy of citation number 383 and the application Mr. Profeta submitted registered himself as a qualifier for Choice Roofing of Florida LLC. Officer Williams stated after receiving a complaint from the property owner of 5400 Sunset Boulevard, she contacted Mr. Profeta to discuss the complaint she received in reference to permit number 2306-003084 that was issued for the metal roof on the home. Mr. Profeta stated the permit was not issued to him but instead to the company of choice roofing of Florida LLC. Officer Williams, she informed Mr. Profeta that he is the qualifier for the company, so the permit was issued to him. He denied he had any responsibility for any work done to the home. When asked who the workers were on the roof he stated he did not know. He stated numerous times he is not responsible for any work done because the permit was not issued to him. Officer Williams stated after conversation Mr. Profeta on July 28, 2023, issued citation number 383 for being in violation of section 10-99 (11) aid or abets any unlicensed person or business organization. So, Mr. Profeta stated he was not the contractor responsible for doing the work on the roof located at 5400 Sunset Boulevard. Staff is recommending a lien be placed against the contractor if the citation not paid within 30 days of this board date. 9 Mr. Pride made a motion to deny staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. DiFrancesco seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. DISCIPLINARY CASE 2) Case No. 2307-0000048 - Anthony Profeta and/or Choice Roofing of Florida LLC Officer Williams addressed the Board and stated for the record she is submitting four (4) photos showing workers on the roof, a copy of the workman's comp exemption for Troy's Roofing of Florida, Inc., a complaint affidavit received from the property owner of 5400 Sunset Boulevard. After receiving the complaint affidavit from the property owner, I contacted Mr. Profeta to discuss the complaint. I received a reference to permit number 2306-003084 that was issued for the metal roof on the home. Mr. Profeta stated the permit was not issued to him, but instead to the company of Troy's Roofing. I informed Mr. Profeta that he is a qualifier of the company, so the permit was issued to him. He did not have any responsibility for the work done to the home. When asked who the work was on the roof, he stated he did not know. Officer Williams stated after conversation with Mr. Profeta, on August 29, 2023, she issued a Notice to Appear for September 20, 2023, Contractors Licensing Board meeting for being in violation of: Section 10-67 sub section (13), failed to have his state registered contractor's license number appear in any newspaper, airwave, transmission, phone directory, or the advertising medium that is primarily circulated, displayed, distributed, or marketed within the county and which offers services of the contractor. Mr. Profeta's license number was not on the contract. Section 10-67 subsection (3), disregard and violate any applicable state or local building code regulations or law. State Statute 489 defines a contractor as a person who is qualified for and responsible for the project contracted. Mr. Profeta stated he is not responsible for the project. He is in violation of this code. Section 10-67 sub section (15), aid and abet any unlicensed person or business organization. Profeta stated he was not the one performing work on the property. Section 10-67, subsection (19), committing mismanagement or misconduct in the practice of contracting that caused financial harm to the contractor. Officer Williams stated Mr. Skye's home was damaged on the inside due to water damage from the roof. The case was removed from the September 20, 2023, agenda after she received a call from Mr. Profeta's attorney stating he could not attend. Officer Williams stated Since there was a pending litigation between Mr. Profeta and the property owner, the case was not rescheduled because staff was waiting on the outcome of the court case. On March 7, 2024, I contacted the property owner to see if the case was settled. She stated she was told it was not. On March 7, 2024, she issued a notice to appear for today's meeting of March 20, 2024. Officer Williams stated Staff is requesting the board suspend Mr. Profeta's permanent privileges and choice roofing of Florida Inc. for a term of 60 days and a copy of the board's order before the DBPR and the surrounding municipalities. There was discussion among the Board, Staff, Mr. Profeta and Mr. Crandall regarding the case. Mr. DiFrancesco denied Staff’s recommendation and made a motion to publicly reprimand Anthony Profeta and/or Choice Roofing of Florida LLC. Mr. Kauffmann and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Kauffman – Yes. The motion carried unanimously. 10 J. OLD BUSINESS: None. K. NEW BUSINESS: None. ADJOURNMENT: The meeting was adjourned at 9:52 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, May 15, 2024 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman