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Home My WebLink AboutAgenda Packet 09.18.2024 CONTRACTORS EXAMINING BOARD AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, September 18, 2024 8:30 AM St. Lucie County Administration Annex Board of County Commissioners Commission Chambers BOARD MEMBERS James “Travis” Leonard (Chair) Tony Jerger (Vice Chair) Michael DiFrancesco (Secretary) Adam Sampson Roger Priest Michael Pride Sheila McCarthy-Taylor Gary Morris Michael Kauffmann Jr. BOARD ATTORNEY Richard V. Neill Jr. Page 1 of 154 Regular Meeting Wednesday, September 18, 2024 8:30 AM 2 | P a g e A. CALL TO ORDER B. ROLL CALL OF CONTRACTOR EXAMINING BOARD MEMBERS C. APPROVAL OF MINUTES OF: May 15, 2024 Contractor Licensing Board Minutes D. SWEAR IN STAFF MEMBERS E. PUBLIC COMMENT F. APPLICATIONS TO BE APPROVED G. WAIVER OF RIGHTS TO A HEARING OR FAILURE TO PAY OR APPEAL THE CITATION H. OLD BUSINESS I. NEW BUSINESS NOTE: THE NEXT CONTRACTOR EXAMINING BOARD HEARING WILL BE HELD ON November 20, 2024 IN THE COMMISSION CHAMBERS OF THE ROGER POITRAS ANNEX AT 8:30 A.M. NOTICE: All proceedings before the St. Lucie County Contractor Examining Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Contractor Examining Board, at this meeting, will need a record of the proceedings, and for such purpose may need to assure that a verbatim record of the proceedings is made. Page 2 of 154 Regular Meeting Wednesday, September 18, 2024 8:30 AM 3 | P a g e F. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY CONSENT: Qualifier Business Name Type of Contractor Testing Agency Ishmael A. Gutierrez-Parada N/A Journeyman Electrician Prov Abdon Etienne N/A Master Plumber (Non- Contractor) Prov Reinier Perez Treasure Coast Fencing LLC Fence Contractor Prov Joel M. Guettler N/A Master Electrician (Non- Contractor) Prov William M. Jones N/A Journeyman Electrician Prov Henry Williams HW Road Construction LLC Paving Contractor Prov Glen Storey Storey Roofing LLC Roofing Contractor Prov Everton Miller N/A Master Electrician (Non- Contractor) Prov Andres Y. Montoya C/F Air Conditioning LLC Class B Air Conditioning Contractor Prov THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY RECIPROCITY: Qualifier Business Name Type of Contractor Bernardo Mercado Florida Coast Roofing & Repairs Inc. Roofing Contractor Yismel Castillo Bello Castillo’s Electrical Services LLC Electrical Contractor Anthony Graziano Strictly Doors Inc. Siding, Window & Door Contractor Cody J. Mahany DC Door Company LLC Siding, Window & Door Contractor Brandon Kiernan Ardent Roofing Inc. Roofing Contractor Leonel Villarreal G & D Screens Inc. Aluminum with Concrete Contractor Miguel E. Massot Window Works Impact Glazing Inc. Glass and Glazing Contractor Page 3 of 154 Regular Meeting Wednesday, September 18, 2024 8:30 AM 4 | P a g e THE FOLLOWING APPLICATIONS WERE APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE (Names to be read into record): Qualifier Business Name Type of Contractor Horatio V. Lewis FL Boys Plumbing LP Plumbing Contractor Alan D. Patterson A & B Fence Co. LLC Fence Contractor John M. Harbison AAA Accent Garage Doors Inc. Garage Doors James O. White Row Plumbing Inc. Plumbing Contractor Erica Makarowa Abstract Aluminum Works LLC Aluminum with Concrete Contractor THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD: Qualifier Business Name Type of Contractor Josue Saint-Juste Saints Concrete Asphalt Paving LLC Paving Contractor G. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 1) Against: Ryan C. Alcock and/or Ryan’s Rescreens LLC Location: 5717 Palmetto Dr., Fort Pierce, FL 34982 Case No. 2405-0000077 Violation(s): Section 10-99 – Violations (6) Engage in the business or act of the capacity of a contractor without being duly registered or certified. Investigator: Mirlande Moise Recommendation: $500.00 citation 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. Page 4 of 154 Regular Meeting Wednesday, September 18, 2024 8:30 AM 5 | P a g e WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 2) WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 3) Against: Anthony Oliver and/or Anthonys Tree Company Location: 203 Tumblin Kling Rd., Fort Pierce, FL 34982 Case No. 2407-113317 Violation(s): Section 10-99 – Violations (6) Engage in the business or act of the capacity of a contractor without being duly registered or certified. 9) Proceed on any job without first obtaining applicable local building permits and inspections, or perform of any work for which a building permit is required without such building permit being current. Investigator: Mirlande Moise Recommendation: $1,000.00 citation 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. Against: Fuentes Silvestre Aguilar/ Enrique Aguilar and/or S.A.F. Tree Service LLC Location: 7401 Winter Garden Pkwy, Fort Pierce, FL 34982 Violation(s): Section 10-99 - Violations (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. (9) Proceed on any job without first obtaining applicable local building permits and inspections, or perform of any work for which a building permit is required without such building permit being current. Case No. 2404-112910 Investigator: Michael Winkler Recommendation: $500.00 citation (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. Page 5 of 154 Regular Meeting Wednesday, September 18, 2024 8:30 AM 6 | P a g e WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 4) J. OLD BUSINESS: None. K. NEW BUSINESS: • Discussion on Chapter 1 – Administrative Amendments. Against: Larry Botkin and/or Vero Fence LLC Locations: 8202 Fort Pierce Blvd., Fort Pierce, FL 34982 Violation(s): Section 10-99 - Violations (9) Proceed on any job without first obtaining applicable local building permits and inspections, or perform of any work for which a building permit is required without such building permit being current. Case No. 2407-113284 Investigator: Michael Winkler Recommendation: $500.00 citation (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. Page 6 of 154 Contractor Licensing Board Minutes – Draft May 15, 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 member Sheila McCarthy-Taylor was excused. C. APPROVAL OF MINUTES: March 20, 2024 Contractor Examining Licensing Board Meeting Motion was made by Mr. DiFrancesco to approve the Minutes of the March 20, 2024 meeting. Mr. Jerger 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: 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. DiFrancesco to approve the applicants recommended by Consent vote. Chairman.…………………………..................................................................... Travis Leonard Vice Chairman………………………………………………………………………. Tony Jerger Secretary……………………………………………………………………..……… Michael DiFrancesco ………………………………………………………………………………………… Chris Langel ………………………………………………………………………………………… Michael Pride ………….…………...………………………………………………………………… Gary Morris ………………………………………………………………………………………… Michael Kauffmann …..……………………………………………………………………………………. Roger Priest ………………..……………………………………………………………………….. Adam Sampson Adam Sampson ………………..……………………………………………………………………….. Sheila McCarthy-Taylor Page 7 of 154 2 Mr. Pride seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency Salomon Selvas-Roa S & S Custom Interiors Inc. Drywall Contractor Prov Clyde Walton Jr. Walgen Electrical Services LLC Electrical Contractor Prov Brandon C. Pallas N/A Land Clearing Contractor Prov James B. Calomb Jr. Calomb Construction LLC Building 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 Christopher Mangels Pure Plumbing of the Treasure Coast LLC Plumbing Contractor Taylor V. Nimmer Vaughn Nimmer Assets LLC Marine Contractor Nicholas Vlangas Vero Synergy LLC Communication and Sound Contractor Amelio Concepcion Jr. Amelio Fence Corp. Fence Contractor Esnet Sainvil Unity Electrical Services Inc. 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) Ms. Maria V. Olivera-Trapani – Journeyman Electrician. Chairman Leonard: Thank you very much. Up next is my favorite portion of being on this board reviewed by the board for licensure. Up first we have miss Maria Trapani. Chairman Leonard: Is miss Maria Trapani here? Miss Trapani, would you like to come up? Please come up and be sworn in. Ms. Maria V. Olivera-Trapani was sworn in by the Recording Secretary. Chairman Leornard: So, we have your packet in front of us. I'm sure the board has that opportunity to read everything. The only thing you were missing was a local contractor holds a certificate of competency and is accepted in place by state contractors. Chairman Leonard: I see your entire packet. I like everything I see. Does anybody have any questions? Qualifier Business Name Type of Contractor Bryan M. Martinez PLC Electric LLC Electrical Contractor Phillip L. Brantley Advanced Air Assoc. Inc. dba Advanced Air Conditioning and Heat Class B Air Conditioning Contractor Qualifier Business Name Type of Contractor Maria V. Olivera-Trapani N/A Journeyman Electrician Roxanne Clark Gutter MD Inc. Aluminum Without Concrete Billy Phillipe N/A Class A Air Conditioning Contractor Page 8 of 154 3 Chairman Leonard: And thank you for staff for providing all the information and literature that we needed for backup. Hearing none I'll accept the motion. Mr. Langel: I'll make a motion to approve. Mr. Langel made a motion to accept Staff’s recommendation to approve Ms. Olivera-Trapani to be sponsored by St. Lucie County to take the Journeyman Electrician exam. Mr. DiFrancesco seconded and the motion carried unanimously. 2) Ms. Roxanne Clark – Gutter MD Inc. – Aluminum Without Concrete Chairman Leonard: Up next, Ms. Roxanne Clark. Ms. Clark, please come up and be sworn in. Ms. Roxann Clark was sworn in by the Recording Secretary. Chairman Leonard: Thank you for being here. I believe you were just missing a letter of reciprocity on letterhead. Ms. Clark: No, the reciprocity came over but I took the state trade exam but the testing company will not send it to the county level they will only send it to the state level. Chairman Leonard: Again, thank you for staff for putting together the packet. I have no questions for Miss Clark. Does anybody have any questions? Mr. Pride: I'll make a motion. Mr. Pride made a motion to accept Staff’s recommendation to approve Ms. Roxann Clark’s test results from DBPR and issue her a St. Lucie County Certificate of Competency. Mr. Priest seconded and the motion carried unanimously. 3) Mr. Billy Phillipe – Class A Air Conditioning Contractor Chairman Leonard: Up next is Mr. Billy Filipe. Is Mr. Billy Filipe here? Board Secretary: He called to say he's going to be a little bit late because he was stuck in traffic, so I don't know if you want to skip or I don't know. Chairman Leonard: Did anybody have any questions for Mr. Billy? Did anybody see the packet, read the packet? I think he was only missing, or he had some issues with failure to pay from what I saw, a couple of bills. Looks like tax liens. Nobody likes paying taxes anyway. Chairman Leonard: What is the Board's discretion? Do you want to wait? Do you want to make a motion? Mr. DiFrancesco: I'll make a motion. Mr. DiFrancesco made a motion to accept Staff’s recommendation to approve Mr. Billy Phillipe’s application to obtain a Certificate of Competency in St Lucie County. Mr. Langel seconded and the motion carried unanimously. G. CITATION APPEAL 1) Case No. 2403-112696 – Michael Andrew Pettengill and/or Electrical Connections Chairman Leonard stated Up next, our citation appeal for Michael Andrew Pettengill. 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 ten (10) photos that were taken March 21st, 2024. NOV and NTA. Stop work order, Permit# ELEC-2402-000809 and application, DBPR information, email from Mr. Pettengill, mail received from Mr. Pettengill, USPS tracking information. Officer Winkler stated on March 21, 2024, an inspection at 9500 S Ocean Dr, Jensen Beach found unpermitted construction work being done. The work was being done by Electrical Connections/Michael Andrew Pettengill. They had a crane truck and were installing concrete poles around the pool. Permit (ELEC-2402-000809) had been applied for on February 29, 2024, but was still in review. Page 9 of 154 4 Officer Winkler stated a stop work order was issued to Electrical Connections employee Steve Didonato at the work site. NOV/citation was issued by mail to Electrical Connections/Michael Andrew Pettengill on March 22, 2024, with a compliance date of April 01, 2024. The violation Section 10-99 (9) Proceed on any job without first obtaining applicable local building permits and inspections or perform of any work for which a building permit is required without such building permit being current. Officer Winkler stated On March 29, 2024, he returned a call to Mr. Pettengill and he requested a hearing due to the permit had been applied for and it was only waiting on one person too sign off on it. He further stated that he went ahead installing the poles because two months prior he reserved a crane truck and did not want to cancel and wait again another two months for a crane truck. Permit ELEC-2402-000809 was issued on March 29, 2024. Officer Winkler stated per Mr. Pettengill’s request for a hearing, a Notice to Appear was sent out on April 01, 2024, by Certified Mail for the May 15, 2024, St Lucie County Contractor Licensing Board. On March 25, 2024, the USP Tracking listed the package (NOV) was delivered. On April 03, 2024, the USP Tracking listed the package (NTA) was delivered. As of May 14, 2024, the citation has not been paid. 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. Chairman Leonard: Thank you. Mr. Pettengill, would you please come up, state your name, address, and be sworn in. Mr. Michael Pettengill was sworn in by the Recording Secretary Chairman Leonard: Did you final out that permit yet? Mr. Pettengill: Oh yeah. It's final. The next day we got our inspections, got everything done and the only, I didn't realize that I was supposed to pay the $500 because they charged me double for my permit fee. Mr. Pettengill: I had only charged $400 but it was $700 when I came in. They charged me $700 more so I paid that the same day. Then I got this $500 so I called Mike again and I'm like, I think they can waive this $500 because I've already done that. Mr. Pettengill: it wasn't like I didn't start without a permit, and I've been in business 46 years. Generally, I'm on that side of the fence because I'm in the Martin County Licensing Board. I've been the chair, so I know it's a different situation. Mr. Pettengill: But it wasn't like I, after all these years I've never had a violation or anything like that and I just figured the permit would have been done by the time I got that crane that day, but it was the next couple of days. So, I'm just asking if I can waive the extra $500 because it's small business. Chairman Leonard: No, I understand. I have no further questions for Michael. Does anybody have any questions? Mr. DiFrancesco: Mike, did you stop when he told you to stop? Mr. Pettengill: Oh yeah, my guys left right that day and I had already contacted him. The reason I asked, I sent the letter in because it said that I had failed to respond but I did respond to him in the time frame by phone and by email and so I was within that time frame but it was still set up and I made sure everything was done and we got all permits and everything done. Everything's finalized. Mr. DiFrancesco: Mr. Chairman, I'm ready to make a motion. Mr. Difrancesco made a motion to waive the $500.00 citation for Mr. Pettengill. Mr. Morris seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. I. DISCIPLINARY CASE 1) Case No. 2402-0000067 – Robert A. Dunlap and/or Rubin Homes Inc. Page 10 of 154 5 Officer Winkler addressed the Board and stated for the record he is submitting four (4) photos taken on February 21st, 2024, 14 Crown Court, case number 2402-0000067. Also concluding a complaint affidavit from Dirk Ackerman and Angela Geller, NOV and NTA, DBPR information, Building Permit 2106-0830, and a report. Building Permit BLDR 2304-003307 and a variance report labeled VAR 2212-00023. Emails to and from Mr. Dunlap, liens, and a contest of lien. Officer Winkler stated on February 21st, 2024, he received a complaint affidavit from property owners Dirk Ackerman and Angela Geller, who hired Ruben Holmes, Inc. and signed a contract on January 28th, 2021, with Ruben Holmes, Inc. and contractor Robert A. Dunlap, aka Drew. The first permit, 2106-0830, for the job was applied for on June 29th, 2021. The permit was voided on August 30th, 2022, due to lack of activity for six months. The second permit, BLDR 2304-00307, was applied for on April 25th, 2023. Officer Winkler stated there have been several reviews returned along with several submittals since that day and continue until the last request on October 23rd, 2023. On February 26th, 2024, he attempted to contact Robert Dunlap, but instead he received a voicemail from Tiffany Blayton, who stated she was a representative of the company and could talk for Mr. Dunlap. He stated he returned Tiffany's call and left her a voicemail stating Mr. Dunlap's name is on the permit as the contractor and he needed to discuss the permit with him. He stated he never heard further from either person. Officer Winkler stated on March 1st, 2024, he sent a notice to appear by certified mail for the March 20th, 2024, St. Lucie Contractor Licensing Board 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. No response on numerous comments/reviews provided by the Building Department for the builder to respond for the permit to move forward.  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. Permit #2106-0830 was applied for on June 29, 2021, and had many reviews requested and not responded to. The permit was voided due to lack of activity on August 30, 2022. Permit # BLDR-2304-003307 was applied for on April 25, 2023, and had many reviews requested and not responded to. The last contact was on October 23, 2023. As of today’s date, May 15, 2024, no permit has been issued and no work performed.  Sub Section (10) Commits fraud or deceit or other misconduct in the practice of contracting. Has committed misconduct on the permits by not responding to the planners and reviewers so that the permit can be issued.  Sub Section (19) Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct includes, but is not limited to, any of the following: (a) The contractor fails to fulfill his/her contractual obligations to a customer because of inability, refusal, or neglect to pay all creditors for material furnished or work or services performed in the operation of the business for which he/she is licensed, under any of the following circumstances: (1) Valid liens have been recorded against the property of a contractor's customer for supplies or services order by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 30 days after the date of such liens. Officer Winkler stated on February 28, 2024, a Claim of Lien was placed against the property by Rubin Homes Inc. for $117,562.49. A Notice of Contest of Lien was filed on February 29, 2024. On March 01, 2024, a second Claim of Lien was placed on the property at 14 Crown Court by Rubin Homes Inc. for $117,562.49. Officer Winkler stated Valid liens have been recorded against the property on February 28, 2024, a Claim of Lien was placed against the property by Rubin Homes Inc. for $117,562.49. A Notice of Contest of Lien was filed on February 29, 2024. On March 01, 2024, a second Claim of Lien was placed on the property at 14 Crown Court by Rubin Homes Inc. for $117,562.49. Officer Winkler stated on March 15, 2024, he had contact with Robert A. Dunlap by phone after he received Certified Mail from me on March 13,2024. I explained to him I’ve been trying to contact him but was always referring to Tiffany Blanton who stated Page 11 of 154 6 she represented the company. Mr. Dunlap stated he was unaware a lien was placed on the property on February 28, 2024. Mr. Dunlap requested rescheduling of March 20, 2024, Contractors Licensing Board. The request was granted and moved to the May 15, 2024, Contractors Licensing Board. Officer Winkler stated on March 19, 2024, he sent a second notice to appear by Certified Mail for the May 15, 2024, St Lucie County Contractor Licensing Board Meeting. Officer Winkler stated Staff recommendation is to suspend permitting privileges of Ruben Holmes, Inc., Contractor Robert A. Dunlop for a period not to exceed 90 days. A written request must be made to the Board to reinstate Ruben Holmes, Inc., and Contractor Robert A. Dunlop permitting privileges after the 90-day suspension. A copy of the Board's order will be forwarded to the Florida Department of Business and Professional Regulations and the surrounding municipalities. Chairman Leonard: Good morning. Will the homeowners be speaking or just you? Mr. Dick Ackerman and Angella Geller, Homeowners, were sworn in by the Recording Secretary Attorney, Natasha Ramsing: Good morning, and I'm Natasha Ramsing on behalf of Mr. Ackerman and Ms. Geller. Chairman Leonard: Perfect. Good morning, Mr. Natasha. Attorney, Natasha Ramsing: Good morning. Good morning. So, just before I begin, I just want to state that if there is something that opposing council is now going to distribute to the board, I feel as though it’s inappropriate. Attorney, Natasha Ramsing: It should have been provided prior to, so we would have an opportunity to take a look at it. So, I just want to mention that because I just think at this juncture, it's just not right. It doesn't give any time. Chairman Leonard: I understand. Mr. Neal. I'm going to ask guidance because I'm not going to sit before him. Board Attorney, Richard Neill: Sure, of course. Chairman Leonard: Please bear with me. Board Attorney, Richard Neill: So, Chair Leonard, the fact of the matter is this is not a formal evidentiary proceeding. In fact, it's not really a proceeding between the two most interested parties. So, I think the rules would be looser here than they might ordinarily, but I do think it would be fair if something is introduced to let it be reviewed and allow further comment if and when that happens. Attorney, Natasha Ramsing: Thank you. So, we're here before you this morning because my clients contracted with Rubin Construction in order to build a custom home. So, they met with Mr. Dunlap who represented himself as being the general contractor for Rubin Homes, which he still is according to the Florida Department of Business and Professional Regulation. They met for the first time in December 2020 to review the custom home that he was going to build. At that time, before they went under contract, it was discussed that a variance would be necessary based on the size of the lot as well as the size of the home that they intended to build. Contract was signed in the beginning of 2021 in January. Attorney, Natasha Ramsing: Come May, my clients did not hear from Mr. Dunlap again. They tried on numerous occasions, but they were informed that Tiffany Blanton at Rubin Homes was to be their contact moving forward. At that point, there were two different attempts at variances on the property and my clients did reduce the square footage of the home and the lanai's and eliminated the pool so that a variance would not be necessary. Attorney, Natasha Ramsing: So by the time that that took place, that was last year, there were no variances that were necessary in order to build this house and still no permit was obtained. In the fall of last year, they were informed by Rubin Homes that they would not build their house and that they were walking away from the contract. Still after years, because they contracted in January of 2021, so last fall in fall of 2023, Rubin Homes told them they would not build the home. Attorney, Natasha Ramsing: They still had not heard from Mr. Dunlap. So Mr. Dunlap pretty much disappeared. They tried numerous times through Rubin Homes and through their representative, Tiffany Blanton to set up meetings with Rubin Homes as well as with Mr. Dunlap to find out what was going on with the construction of their home. But instead, they were just provided with unilateral notifications from Rubin Homes that they would not build their house. Since that time, there have been two claims of liens filed on the property, both of which are inappropriate because no work has been done on this project at all since last year. Both claims of lien were filed this year, one in March, which actually stated that the last time they did work was over a year ago. Attorney, Natasha Ramsing: And then a second one where they claimed there was work within the past 90 days to try to comply with the lien law statute. So both liens are inappropriate and are both filed on my client's property as of today. So we're here this morning because our concern is that Mr. Dunlap is holding himself out as the general contractor for Rubin Homes. Page 12 of 154 7 Attorney, Natasha Ramsing:However, there has been, you know, no permit that has been obtained. He has disappeared. My clients have not spoken with him for years. Attorney, Natasha Ramsing: There have been three draws that have been pulled off of my client's loan for the property for the construction loan, which has since been closed because they could not close the loan within the time frame provided by their bank because no construction began, so they couldn't leave the loan open. So my clients have spent hundreds of thousands of dollars, which have gone to Rubin Homes. And as you saw and can see in the picture, there is nothing there on that property. Attorney, Natasha Ramsing: You know, not one shovel has gone in the ground. So we want to ensure that when it comes to licensing that Mr. Dunlap's license is suspended or removed, depending on what the board determines is proper in this instance. However, I think it's very important to know that when it comes to the general public and there's a general contractor that's holding themselves out as being someone who is responsible for a construction project and nothing goes on at all for years and the person disappears, that they have to be held accountable for their actions. Attorney, Natasha Ramsing: So that's why my clients filed their complaint here and they wanted to make sure that they're heard. Chairman Leonard: Thank you, Ms. Ramsey. I do appreciate that. Staff did an amazing job putting together a great timeline. Chairman Leonard: So thank you again, Mr. Winkler, for doing that. I have no questions for the homeowner or Ms. Ramsey. Does anybody on the board have any questions for Ms. Ramsey or the homeowner? I appreciate you guys being here. Thank you. Mr. Robert Dunlap (Contractor) and Tiffany Boreland were sworn in by the Recording Secretary Chairman Leonard: Okay. I'm just asking. I'm just curious. Chairman Leonard: I read an 86-page document that had your name all over it, so I'm just making sure you're the right person. Just throwing that one out there. Thank you for being here. Chairman Leonard: If you could speak into the mic, that'd be great. Thank you. Because it is recorded. Mr. Dunlap: Oh, sorry. It is recorded, so thank you. Sorry. Mr. Dunlap: I'm the contractor, and you can see physically that I have not disappeared. One thing just to start with to dispute some of their claims is the company, Rubin Custom Homes, is set up with a qualifier who's me, and it also has a financially responsible officer who's Larry Schechter. So this sort of the system here is that the statute 489-1195 basically indicates that the qualifier and contractor is in charge of construction practices on site. Mr. Dunlap: We hadn't ever gotten to that point because the homeowners were making it impossible for us to build them a house. Their house was never going. We went for three variances, so there was never a house that we could possibly. Mr. Dunlap: There was never a house that we could possibly build, albeit they did make changes. None of those changes were going to comply with state, county, and local codes. So the house that they would desire to have is totally impossible to build, and that is basically the start and finish of what's going on here. Mr. Dunlap: So, I would have been glad to contact the Ackermans, but they did not reach out to me. They did have my phone number. They did have my email, and if they went through Tiffany, then that's one story here, but we can, Tiffany's now going to address the timeline on associated matters. Ms. Tiffany Boreland: Right, so when we signed their contract in January, the 1st of January, they were dealing with Drew. They were doing their plans. We are a custom home builder, so we customize every square foot of their home, and about three months in, Mrs. Geller and Mr. Ackerman, I got, they called me actually because they were upset with him because he wasn't moving fast. Well, we all know how long it takes for architects and engineers these days, so it's not like it's just going to be a hop, skip, and a jump, and we are not a production home builder, so it takes longer. We finally, seven months later, got their first approval on their floor plans, and then once we get their approval on the floor plans after all their changes, then we go for the electrical and the plumbing. We get it all together, and we get ready to submit for our building department. Ms. Tiffany Boreland: I will fully admit that I have been in this business for 15 years, and I have learned so much from the St. Lucie County Building Department and the plan reviewers, but I never, ever had to file for a variance. Never had to. All of my homeowners, you know, they comply with regulations, so there was some confusion. Ms. Tiffany Boreland: I have emails going back and forth between me and Mrs. Geller, and she was in touch with the building department before I even talked to her, and was the entire time. She would call. There was so much confusion. Page 13 of 154 8 Ms. Tiffany Boreland: My assistant, Sarah, would be, you know, on the phone with them, and then call the building department, and they're like, what are you talking about? No. So, I mean, long story short, we are not that builder that just disappears and doesn't, you know, comply with state and local building codes. Ms. Tiffany Boreland: If the variance board tells you three times the dates are 10-26-22, 2-22-23, 10-13-23. So, that whole comment about me not, none of us working for over a year on this job, 10-13-23 was the last denial. Ms. Tiffany Boreland: Variance denial. So, that's not, that's inaccurate information. I, myself, and Drew, we have actually taken on 20 homeowners from Corn St. Lucie Properties and got them in their home. So, I've got so many letters from them here if you wanted to read them. We are the complete opposite contractor. Mr. Dunlap: We actually took over projects that were abandoned by another, I'm sorry, we took over projects that were banned by another contractor and helped other people get into their homes. Basically speaking, again, the variances were not, we can't build a home that won't be approved by the county. We tried numerous times and variance after variance and plan change after plan change, they were told, hey, and they did admit in their original statement that they knew that they had to get a variance. Mr. Dunlap: Well, that doesn't mean that they're going to get one. We're still glad to build their home if they could have obtained the variance. But it came to a point at which I can't remember if they sued us first or if we sued them or which letter. Ms. Tiffany Boreland: They contacted us first and said they want to cancel their contract. Mr. Dunlap: Right. So, the claim of us abandoning them is actually not true. And in this claim, we haven't disregarded or violated any applicable state or building code regulations because we have not built anything because we can't, because they haven't gotten a variance. Mr. Dunlap: They have plans that they want and the poor St. Lucie will not allow them to build the house that they want. We did not abandon this for over 90 days. We have plenty. Attorney, Natasha Ramsing: And to that, Mr. President, not only was the house that they wanted out of variance, but my clients also repeatedly tried to get them to either change the plans to within the size of the lot, because it's the size of the total lot that is causing the problem, that they gave them many alternatives. Mr. Ackerman and Ms. Geller refused. They offered them multiple opportunities to either amend their plans or alternative suggestions such as selling the lot, buying a different lot that would comply with the house they wanted and build there. My clients at all points have been ready to go. Ms. Tiffany Boreland: Yes, there are liens on the property, but just because you don't see movement on the ground does not mean that we didn't order their cabinets, put deposits on trust engineering, on surveys, on soil testing, on appliances. Their appliances and windows and door packages are sitting in my office. So yes, money has been spent. Ms. Tiffany Boreland: We've spent almost $200,000 and they've only paid 97 of it. So yes, there's a lien on their property. I only have a year. There was further discussion among the Board, Staff, Attorney Natasha Ramsing, Dan Ackerman, Mr. Boreland and Mr. Dunlap regarding the case. Mr. DiFrancesco made a motion to deny Staff’s recommendation to suspend the permitting privileges for Robert Dunlap and/or Ruben Homes Inc. for a term not to exceed ninety days. After the suspension period, Robert Dunlap and/or Ruben Homes Inc. 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. Priest seconded and the motion carried. Mr. DiFrancesco and Mr. Jerger opposed the motion. Chairman Leonard asked for a roll call vote. Mr. Sampson – Yes, Mr. DiFrancesco – No, Mr. Jerger – No, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried. Chairman Leonard: Thank you, board. Thank you for being here. I appreciate your guys' time. Chairman Leonard: Thank you so much. Thank you to staff for keeping us on track. Mr. Neal, thank you for assisting. We don't see these very often. Mr. Dunlap, Ms. Blanton, thank you for being here. Mr. Ackerman, Ms. Geller, thank you for being here. Legal counsel, thank you. J. OLD BUSINESS: None. Page 14 of 154 9 K. NEW BUSINESS: Farwell to Contractors Examining Board Member - Mr. Christopher Langel. Chairman Leonard: I have had the honor and pleasure of serving on this board for seven years, five of which I was your vice chairman, two have been your current chairman, and I don't think we can ask for a kinder, smarter person that actually cares about this board and cares about the people of this county and the contractors and the homeowners. Mr. Langle, and it's been an honor and a pleasure to serve with you. Call you a friend, get to know you. Chairman Leonard: Thank you for taking a young guy under his wing when I first came on board, and I truly appreciate all your guidance, and we appreciate your time, your sacrifice to this board and this county and the people of it. So thank you for being here, and thank you. Mr. Langel: I appreciate that, but I think you're talking about every member on this board. Mr. Langel: I've learned a few things. It's been a very interesting ride. I think we've done a lot of good things for the community here. Mr. Langel: Sometimes it works both ways, but overall, there's been a lot of good things solved by this board. We've had some contractors that have made mistakes in the past, and they were truly mistakes. I don't think they were vindictive, and we saw them through it. Chairman Leonard: No, I would agree, and as a token of appreciation, something to put another paperweight on your desk, but it says, with our greatest appreciation, we hereby present Christopher Lengel for your exemplary service and unwavering dedication while serving on the Same-Sea Contractors Examining Board and Construction Board of Adjustments and Appeals for eight years. Thank you for your hard work and wish you the best of luck, presented by the staff and board members. Mr. Langel: Well, I'm not finished yet. We've gone through several staffs over the years, but the present staff and the staff we've had, you guys have done a great job of helping us, guiding us. Roxanne, thank you. Chairman Leonard: So, thank you. We wish you the best in your retirement. What are you going to do? Chairman Leonard: I mean, you're more than welcome to come. We've got public comment every Wednesday, every weekend. Do you really want that? Chairman Leonard: You're going to get questions, though. Well, thank you again for your eight years. Thank you. Chairman Leonard: I was happy to be here. Thank you all for putting up with me. ADJOURNMENT: The meeting was adjourned at 10:52 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, July 17, 2024 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman Page 15 of 154 CONSENT Ishmael A. Gutierrez-Parada Journeyman Electrician Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Journeyman Electrician 2020 05/10/2024 88.0% Certificate # 034417 Page 16 of 154 CONSENT Abdon Etienne Master Plumber (Non-Contractor) Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Master Plumber 05/10/2024 72.0% Certificate # 034331 Page 17 of 154 CONSENT Reinier Perez Fence Contractor Treasure Coast Fencing LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Fence 07/03/2024 76.0% Business and Law 07/03/2024 72.0% Certificate # 034706 Page 18 of 154 CONSENT Joel M. Guettler Master Electrician (Non-Contractor) Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Master Electrician 05/10/2024 85.0% Certificate # 034532 Page 19 of 154 CONSENT William M. Jones Journeyman Electrician Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Journeyman Electrician 2020 06/17/2024 86.0% Certificate # 034657 Page 20 of 154 CONSENT Henry R. Williams Paving Contractor HW Road Construction LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Paving 08/30/2024 82.0% Business and Law 04/25/2024 74.0% Certificate # 034362 Page 21 of 154 CONSENT Glen Storey Fence Contractor Storey Roofing LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Roofing Unlimited 08/15/2024 76.0% Business and Law 08/23/2024 72.0% Certificate # 034605 Page 22 of 154 CONSENT Everton Miller Master Electrician (Non-Contractor) Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Master Electrician 2020 08/19/2024 70.0% Certificate # 034463 Page 23 of 154 CONSENT Andres Y. Montoya Class B Air Conditioning Contractor C/F Air Conditioning LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following GITS prepared, proctored and graded exam(s) EXAM(S) DATE GRADE Class B Air Conditioning 08/22/2024 72.0% Business Procedures 08/10/2024 86.0% Certificate # 034696 Page 24 of 154 RECIPROCITY Bernardo Mercado Roofing Contractor Florida Coast Roofing & Repairs Inc. Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Roofing Contractor 04/25/2024 88.0% Broward County Business and Law 03/27/2024 92.0% Broward County Certificate # 034742 Page 25 of 154 RECIPROCITY Yismel Castillo Bello Electrical Contractor Castillo’s Electrical Services LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prov prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Master Electrician 2020 05/10/2024 92.0% Miami-Dade County Business and Law 05/10/2022 82.0% Miami-Dade County Certificate # 034715 Page 26 of 154 RECIPROCITY Anthony Graziano Siding, Window and Door Contractor Strictly Doors Inc. Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Block & Associates prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Window and Door Contractor 05/16/1998 90.0% Palm Beach County Business and Law 05/16/1998 90.0% Palm Beach County Certificate # 034658 Page 27 of 154 RECIPROCITY Cody J. Mahanay Siding, Window and Door Contractor DC Door Company LLC Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following GITS prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Window and Door Contractor 07/09/2021 80.0% Brevard County Business Procedures 06/11/2021 84.0% Brevard County Certificate # 034517 Page 28 of 154 RECIPROCITY Brandon Kiernan Roofing Contractor Ardent Roofing Inc. Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following GITS prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Roofing 06/05/2024 78.0% Broward County Business Procedures 05/28/2024 80.0% Broward County Certificate # 034897 Page 29 of 154 RECIPROCITY Leonel Villarreal Aluminum with Concrete Contractor G & D Screens Inc. Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following Prometric prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Aluminum Specialties 10/10/2009 78.0% Palm Beach County Business and Law 06/06/2009 88.0% Palm Beach County Certificate # 034853 Page 30 of 154 RECIPROCITY Miguel E. Massot Glass and Glazing Contractor Window Works Impact Glazing Inc. Applicant has provided all other documents in compliance with St. Lucie County Code of Ordinances and Compiled Laws Applicant passed the following GITS prepared, proctored and graded exam(s) EXAM(S) DATE GRADE RECIPROCITY Glass and Glazing 06/28/2008 74.0% Miami-Dade County Business Procedures 06/28/2008 80.0% Miami-Dade County Certificate # 034926 Page 31 of 154 REVIEW CASE Josue Saint-Juste Paving Contractor Saints Concrete Asphalt Paving LLC Certificate # 034839 Page 32 of 154 Page 33 of 154 Page 34 of 154 Page 35 of 154 Page 36 of 154 Page 37 of 154 Page 38 of 154 Page 39 of 154 Page 40 of 154 Page 41 of 154 Page 42 of 154 Page 43 of 154 Page 44 of 154 Page 45 of 154 Page 46 of 154 Page 47 of 154 Page 48 of 154 Page 49 of 154 Page 50 of 154 Page 51 of 154 Page 52 of 154 Page 53 of 154 Page 54 of 154 Page 55 of 154 Page 56 of 154 Page 57 of 154 Page 58 of 154 Page 59 of 154 Page 60 of 154 Page 61 of 154 Page 62 of 154 Page 63 of 154 Page 64 of 154 Page 65 of 154 Page 66 of 154 Page 67 of 154 Page 68 of 154 Page 69 of 154 Page 70 of 154 Page 71 of 154 Page 72 of 154 Page 73 of 154 Page 74 of 154 Page 75 of 154 Page 76 of 154 Page 77 of 154 Page 78 of 154 Page 79 of 154 Page 80 of 154 Page 81 of 154 Page 82 of 154 Page 83 of 154 Page 84 of 154 Page 85 of 154 Page 86 of 154 Page 87 of 154 Page 88 of 154 Page 89 of 154 Page 90 of 154 Page 91 of 154 Page 92 of 154 Page 93 of 154 Page 94 of 154 Page 95 of 154 Page 96 of 154 Page 97 of 154 Page 98 of 154 Page 99 of 154 Page 100 of 154 Page 101 of 154 Page 102 of 154 Page 103 of 154 Page 104 of 154 Page 105 of 154 Page 106 of 154 Page 107 of 154 Page 108 of 154 Page 109 of 154 Page 110 of 154 Page 111 of 154 Page 112 of 154 Page 113 of 154 Page 114 of 154 Page 115 of 154 Page 116 of 154 Page 117 of 154 Page 118 of 154 Page 119 of 154 Page 120 of 154 Page 121 of 154 Page 122 of 154 Page 123 of 154 Page 124 of 154 Page 125 of 154 Page 126 of 154 Page 127 of 154 Page 128 of 154 Page 129 of 154 Page 130 of 154 Page 131 of 154 Page 132 of 154 Page 133 of 154 Page 134 of 154 Page 135 of 154 Page 136 of 154 Page 137 of 154 Page 138 of 154 Page 139 of 154 Page 140 of 154 Page 141 of 154 Page 142 of 154 Page 143 of 154 Page 144 of 154 Page 145 of 154 Page 146 of 154 Page 147 of 154 Page 148 of 154 Page 149 of 154 Page 150 of 154 Page 151 of 154 Page 152 of 154 Page 153 of 154 Page 154 of 154