HomeMy WebLinkAboutMinutes 11.20.2024
Contractor Licensing Board Minutes – Draft
November 20, 2024 at 8:30 a.m. St. Lucie County Administration Board of County Commissioners
Commission Chambers
PRESENT STAFF PRESENT Contractor Licensing Supervisor…………………………………………………… Danielle Williams Interim Building Official………….…………………………………….……………. Michael Jerrahian 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 Michael Kauffmann was excused. C. APPROVAL OF MINUTES: September 18, 2024 Contractor Examining Licensing Board Meeting Chairman Leonard: Going through, when Mr. Priest made a motion to accept the amendment in the appendix Q, and Mr. Morris seconded it, that motion did not carry unanimously. I voted no against that. So, if you could change those, as well as on top of page 10, where it said it carried unanimously. You have me as a no, but you just, I know, you got excited unanimously going across it. If you could make those changes. With those changes or deletions, I'll accept the motion to approve. Motion was made by Mr. Pride to approve the Minutes of the September 183, 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: Paula Guy, William Durden, Michael Winkler, Mirlande Moise 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:
Chairman.…………………………..................................................................... Travis Leonard
Vice Chairman………………………………………………………………………. Tony Jerger
Secretary……………………………………………………………………..……… Michael DiFrancesco
………………………………………………………………………………………… Michael Pride
………….…………...………………………………………………………………… Gary Morris
…..……………………………………………………………………………………. Roger Priest
………………..……………………………………………………………………….. Adam Sampson Adam Sampson
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Motion was made by Mr. DiFrancesco to approve the applicants recommended by Consent vote. Mr. Pride seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency
Marcus Escalante-Nelson N/A Journeyman Electrician Prov Alberto Santana Coastal Concrete Creation LLC Concrete Contractor Prov
Sonal Dorvilus DS &W Air Conditioning LLC Class A A/C Contractor GITS Billy Phillippe N/A Roofing Contractor GITS Radu Uceanu Creative Builders Corp. Building Contractor GITS Baudlair Docteur N/A Plumbing Contractor GITS APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. Pride to approve the applicants recommended by Reciprocity vote. Mr. Jerger seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor Brent Gaynor Brent Gaynor Electric LLC. Electrical Contractor
Fredy Lopez F and A Trading and Investment Group Inc. dba Industrial Door Solution Garage Door 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. Josue Sainte-Juste – Paving Contractor Chairman Leonard: Up next we have review by the board. Our first qualifier, Josue Sainte-Juste. Is Mr. Juste here? Mr. Juste is not here. Anybody? Josue Sainte-Juste? Officer Winkler: Not here. Chairman Leonard: He's not here. I had an opportunity to review the packet. Does anybody have any questions of staff on the packet?
Mr. DiFrancesco: Mr. Chairman, I have questions for the contract, but since he's not here, I can't go in here. Chairman Leonard: Obviously, he was told he should be here, but he's not. I want to say this is our veteran. I want to thank him for his service even though he's not here.
Qualifier Business Name Type of Contractor
Mark Walker MKW Builders LLC Roofing Contractor
Qualifier Business Name Type of Contractor
Raphael Peralta N/A Journeyman Electrician
Peter Carbonara Carbonara Construction Inc. Land Clearing Contractor
Nicholas Howell FNH Services LLC Building Contractor
Josue Saint-Juste Saints Concrete Asphalt Paving LLC Paving Contractor
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Assistant County Attorney, Katherine Barbieri: Yes, Mr. Chair, Assistant County Chair Kathryn Barbieri, staff did notify him to come. So, we're not sure why he's not here. Chairman Leonard: That's disappointing. Mr. DiFrancesco: Mr. Chairman, I'd like to make a motion. I was coming in front of a board for a license. I would like to be here for any questions. I'd like to make a motion to push it forward to the next board meeting. Chairman Leonard: Do you want to make a motion to table it until the next board meeting? Mr. DiFrancesco made a motion to continue case to the January 15, 2025 Contractor Licensing Board meeting. Mr. Pride seconded and the motion carried unanimously. 2) Mr. Rafael Peralta – 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 Mr. Rafael Peralta. Chairman Leonard: Mr. Peralta, would you please come up and be sworn in? Please come up to the podium right over here where the microphone is. Right over here to the podium where the microphone is. Just stand close to the microphone so we can all hear you. You go ahead and raise your right hand. Mr. Rafael Peralta was sworn in by the Recording Secretary. Chairman Leonard: Mr. Peralta, good morning. Thank you for being here. So, you've taken your test in Palm Beach County back in 2020. Mr. Peralta: Yes. Chairman Leonard: Why did you not finish the process of procuring a license in Palm Beach County? If you could do me a favor, just pull the mic up to your – just pull the mic towards you so we can hear you and the recording can hear you as well. Mr. Peralta: Okay. We were in the middle of the COVID pandemic. I applied already over there but something happened that they didn't send me the license. Chairman Leonard: And you're asking St. Lucie County to provide you a journeyman license after almost four years without
taking a test. What have you been doing for the last four years? Mr. Peralta: I was working electricity. Chairman Leonard: Okay. Who were you working for? Mr. Peralta: Right now, we are making one hospital. Turnpike and Baker, one new hospital. The company is ESI. Chairman Leonard: ESI. Okay. Mr. Peralta: So I'm working for RAMS, helping this company. Chairman Leonard: And two years before that, you worked for Nicholas Contracting? Mr. Peralta: Yes. Chairman Leonard: Thank you for being here. I have no further questions. Anybody on the board have any questions for Mr. Peralta? Mr. Difrancesco: Why not go back to Palm Beach County and get your license there?
Mr. Peralta: I went over there and they said that they lost the information. I don't know what happened over there. So in this process, I moved here to Fort St. Lucie. That's why I'm applying here. Mr. DiFrancesco: Yes, sir. How were we able to obtain his test scores?
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Ms. Johnson: We got it from the testing agency. We got it from the testing agency, from Prov. Mr. DiFrancesco: Palm Beach get it from the testing agency? We did. You mentioned you had a problem in Palm Beach. I'm kind of wondering why not go back to Palm Beach and get your license there? Ms. Johnson: I think he didn't finish the process with them. Normally, when you finish the process and you get the license, they can provide us with a letter of reciprocity. That's how we normally do it. But he didn't finish the process. I don't know what happened. So, he doesn't have the letter of Reciprocity. So that's why we brought him before you. Because he provided us with letters and everything else. Mr. DiFrancesco: f I'm not mistaken, we as contractors, we don't keep up with our license. For two years, we have to go back and take the test. Mr. Pride: No, his test results are good for five years. Mr. DiFrancesco: Pardon me? Mr. Pride: I think his test results are good for five years. He's just looking for a journeyman's license. This isn't contracting. Mr. DiFrancesco: I'll leave it to you. Mr. Pride: I would like to make a motion to approve. Ms. Johnson: Yes, because he cannot work by himself. He has to work under someone. He's not a contractor. Chairman Leonard: Mr. Pride, thank you for that... Thank you, Mr. Pride. That's why you're up here. We have a motion on the floor. Do we have a second? Mr. Pride made a motion to accept Staff’s recommendation to approve Mr. Ryan Peralta’s test results from Prov and issue him a St. Lucie County Certificate of Competency. Mr. Morris seconded and the motion carried. Mr. DiFrancesco opposed the motion. 3) Mr. Peter Carbonaro – Land Clearing Contractor Chairman Leonard: Thank you very much. Next, we have Peter Carbonaro. Is Peter Carbonaro here? Mr. Carbonaro, would you please come up to the podium, state your name, address for the secretary to be sworn in? Mr. Peter Carbonaro was sworn in by the Recording Secretary
Chairman Leonard: Mr. Carbonaro, thank you for being here. Appreciate that. So, you've been currently working down in Parkland for the last couple of years? Mr. Carbonaro: Not in Parkland. I've been working for GRSC Construction. I did a lot of work in tradition with them. You know, I've worked all over. They have jobs everywhere. Really, I've worked with that company for the past five years. And then prior to that, I worked with several other construction companies. Chairman Leonard: Okay. LTD was one of them, if I remember correctly. Mr. Carbonaro: LTD. Chairman Leonard: So, what have you been doing down there with them? Mr. Carbonaro: I'm doing heavy equipment operating, grading, pipe work, things of that nature, drainage. Chairman Leonard: How long ago did you move to Port St. Lucie? Mr. Carbonaro: About ten years ago. Chairman Leonard: Ten years ago? Mr. Carbonaro: I've actively worked as construction for the past ten years since I moved to Florida. Chairman Leonard: I was going to say, that's not a Florida accent I hear. I relocated from New York. I have no further questions for Mr. Carbonaro. Does anybody have any questions? Hearing none, I'll accept a motion.
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Mr. Priest: I make a motion to approve. Mr. Priest made a motion to accept Staff’s recommendation to approve Mr. Peter Carbonara to be sponsored by St. Lucie County to take the Land Clearing Contractor exam. Mr. Morris seconded and the motion carried unanimously. 4) Mr. Nicholas Howell – Building Contractor
Chairman Leonard: Next is Mr. Howell. Is Mr. Nicholas Howell here? Mr. Howell, can you please come up?
Mr. Nicholas Howell was sworn in by the Recording Secretary Chairman Leonard: Mr. Howell, good morning. Thank you for being here. I appreciate that very much. Thank you. You're applying for a building contractor's license? Mr. Howell: Yes, sir. Chairman Leonard: And what you don't have is a letter of reciprocity and other jurisdiction's licensing officials, correct? Mr. Howell: Correct. Chairman Leonard: Why couldn't you obtain that? Mr. Howell: We did the test in St. Lucie, or in Palm Beach County, and then we moved to St. Lucie County. The score for Palm Beach was, I think, a 75, and I got a 73. Chairman Leonard: And our St. Lucie County's is 70 is passing? 70, yes. I saw that note on that one. Mr. Howell: Which worked out because we moved up here anyway. Chairman Leonard: How long have you been in the construction business? Mr. Howell: For the last five, six years. Prior to that, I was a registered nurse. Decided to leave the hospital and do something different.
Chairman Leonard: We have a lot of people that come up in front of us that are amazing tradesmen, amazing people, and they just can't take a test. Mr. Howell: I took it twice, three times. I took it three times. Chairman Leonard: It's okay. Mr. Howell: I took my nursing test once and passed it fine. Chairman Leonard: Being in business and construction is a lot more than just hammering nails. And turning wires. Being in business is running the business and the financial aspect of that. I'm assuming based on your wife and the audience that that's the back end of that. Mr. Howell: You said it, not me. You're right. If you're married, you understand. Chairman Leonard: I have no further questions for Mr. Howell. Does anybody have any questions? Mr. Pride: I have a motion to approve. Mr. Pride made a motion to accept Staff’s recommendation to approve Mr. Nicholas Howell’s test results from Prov and issue him a St. Lucie County Certificate of Competency. Mr. Jerger seconded and the motion carried unanimously. 5) Mr. Josue Sainte-Juste – Paving Contractor Mr. Chairman, Assistant County Attorney Katherine Barbieri, the first applicant arrived while we were in the, if you wish to hear.
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Chairman Leonard: Oh, fantastic. Absolutely. Can we do that? Assistant County Attorney, Katherine Barbieri: I think Mr. Neill will have to walk you through how you do that. Chairman Leonard: How do we do that? We had a motion. We had a second and approval. Board Attorney, Richard Neill: It has been tabled. I would say you simply do a motion to untable it since he's here and take it on. Chairman Leonard: Mr. DiFrancesco, you were the one that made the motion. Mr. DiFrancesco: Mr. Chairman, I'll make a motion to untable this review. Chairman Leonard: We have a motion. Do we have a second? Second by Ms. Morris. All in favor? Aye. Aye. Any opposed? Chairman Leonard: Good morning, sir. Mr. Sainte-Juste: Good morning. Chairman Leonard: First of all, thank you for your service to our country. Thank you so much. Thank you very much. Appreciate you being here. Sorry you were a little bit late. We like to start these meetings on time. Yes, sir. We're pretty prompt. You are asking us to provide you a land clearing? Recording Secretary: Sir, he needs to be sworn in. Chairman Leonard: Oh, I'm sorry. I apologize. I got all excited. Mr. Josue Sainte-Juste was sworn in by the Recording Secretary Chairman Leonard: I got staff to keep me in line. I appreciate that. Whenever attorneys speak, I get all nervous, so I blame you, Mr. Neill, on that one. Good morning. So, thank you for being here. You are applying for a paving contracting license? Mr. Sainte-Juste: Yes sir. Chairman Leonard: And that's what you did when you were in the military? Mr. Sainte-Juste: Yes sir.
Mr. Morris: How long did you get out of the military? Mr. Sainte-Juste: Last January. Chairman Leonard: Last January. Mr. Sainte-Juste: January of 2024. Chairman Leonard: What have you been doing since then? Mr. Sainte-Juste: I'm going to school and basically take care of my family and going to my appointments. Chairman Leonard: I have no further questions. Anybody have any questions? Hearing none, let's get up to motion. Mr. Difrancesco: Motion to approve. Mr. DiFrancesco made a motion to accept Staff’s recommendation to approve Mr. Josue Sainte-Juste to be sponsored by St. Lucie County to take the Paving Contractor exam.. Mr. Jerger seconded and the motion carried unanimously. G. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 1) Case No. 2408-113590 – Jeremy Rich and/or Jeremy’s Tree Service LLC
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Chairman Leonard: Next up, we have a waiver right of hearing for failure to pay or repeal the citation for Jeremy Rich and/or Jeremy’s Tree Service. Mr. Winkler this is your case. Is Mr. Rich here? Officer Winkler stated no, he does not see him. Chairman Leonard stated Mr. Winkler the floor is yours. Officer Winkler stated 7408 Kenwood Dr.- Case No. 2408-113592. For the record, he is submitting eight (8) photos taken August 19, 2024, two (2) photos taken November 10, 2024, Stop work order, NOV, NTA, citation number 408 and sunbiz.org information. Officer Winkler stated on August 19, 2024 an inspection was conducted at 7408 Kenwood Dr., Fort Pierce, FL and found several trees were cut down. The tree company was Jeremy’s Tree Service LLC. He stated he contacted the company owner who was on site, Jeremy Rich and his foreman, Sammy Hammond. They stated they did not have a permit and they were not licensed but are working on getting a license. Officer Winkler stated the citation was issued by US mail to Jeremy Rich Tree Service LLC September 9, 2024 for the compliance date of September 20, 2024 for 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 and (9) Proceed on any job without first obtaining applicable local building permits and inspections, or perform of any work for which a building permit and environmental regulations permit is required without such permit being current. Officer Winkler stated if the citation was not paid by September 20, 2024 a Notice to Appear was sent out on September 23, 2024 by certified mail for the November 20, 2024 Contractor Licensing Board meeting. He stated he received the certified letter back on October 11, 2024, that was unable to forward. On November 7, 2024, he posted the property and as of today’s date he has had no contact with the Jeremy rich and/or his foreman, Sammy Hammond. 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. Sampson seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Sampson – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 2) Case No. 2410-113922 – Mark B. Mahony and/or Oasis Pools & Spas of the Treasure Coast Inc.
Chairman Leonard: Next up, we have a waiver right of hearing for failure to pay or repeal the citation number two for Mark B. Mahony and/or Oasis Pools & Spas of the Treasure Coast Inc. Officer Winkler addressed the Board and stated for Case number 2410113922. For the record, he is submitting five (5) photos taken September 30th, 2024, two (2) photos taken November 7th, 2024. Stop work order, NOV, NTA, citation number 414, an expired permit, or a permit that was still in review, USPS, tracking information, and DBPR information. Officer Winkler stated on September 3rd, 2024, an inspection at 106 Rhonda Island Place. Fort Pierce found a pool had been constructed. The work was done by Oasis Pools and Spa, the Treasure Coast, slash Mark B.Mahoney. Permit number 22020308 had been applied for on February 11th, 2022. Permit required to submittal and return to the contractor on May 20th, 2022. Officer Winkler stated The review was not followed up by the contractor. A citation was issued, number 414, by U.S. certified mail, 2701 Oasis Pool, Spas, Treasure Coast, Inc., Mark B. Mahoney, on October 2nd, 2024, the compliance date of October 4th. Officer Winkler: Essentially, it was for a violation, section 1099, violations number 9, proceeding on job without first obtaining applicable local building permits, an inspection, or perform any work for which a building permit, environmental regulation permit is required without such a permit being current. Citation was not paid. He also notice on October 22nd, 2024, citation did not make it through the U.S. Postal Service. On November 15th, 2024, he hand-delivered the NTA at the receptionist desk at Oasis Pool to Christy at 655 4th Street, Vero Beach. As of November 20th, He has had one contact yesterday with a rep by the name of Colin in the contact with dropping off the notification to Christy at Oasis Pool. Chairman Leonard: Thank you, Mr. Winkler. It showed here that the permit was applied for back in 2020, or 2022, I believe? Officer Winkler: Yes, sir. Chairman Leonard: And was never issued?
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Officer Winkler: It needed a revision, and it was never applied back. Chairman Leonard: So, it says, Mr. Durden, thank you for being here. Mr. Durden, so I see your name on this. Assistant Building Official, William Durden: Yes sir. Chairman Leonard: Permit was applied for in 2022, and then requires resubmit, and that never, ever occurred? Assistant Building Official, William Durden: No, sir, it did not. Chairman Leonard: Have there been any inspections that have occurred on this property while the pool was under construction? Assistant Building Official, William Durden: It looks like there was an inspection done for a pool shell, but that permit should have never been inspected, seeing how the permit was never issued. Chairman Leonard: Sure. That's quite interesting how we got inspections that happened without a permit being issued. Thank you. Chairman Leonard: Is Mr. Mark Mahoney of Oasis Pools and Spas here? Mr. Mahoney, would you please come up and be sworn in? Mr. Mark B. Mahoney was sworn in by the Recording Secretary Chairman Leornard: Mr. Mahoney, thank you for being here. I'm assuming your name is Colin? Yes, sir. Mr. Colin Gomez was sworn in by the Recording Secretary Chairman Leonard: Mr. Mahoney, you are the license holder. You are the one that is in front of us. Mr. Mahoney: That’s correct. Chairman Leonard: You've heard what Mr. Winkler has stated. You've seen the photos and the pictures up here. How did we get to this point without having a permit? Mr. Mahoney: I don't have an answer to that. I had assumed we had a permit based on we had received inspections. Mr. Gomez: If I may speak. Chairman Leonard: Please.
Mr. Gomez: I've been overseeing this project. I truly believe when, since it's such an older permit, I believe it was just around the turn of 2022, you guys switched over to TylerGov, the new permitting software. I believe a technical error happened. Mr. Gomez: I truly believe this permit was passed, and that's why we had a previous inspection on the pool. Back in March, March 5th, I did try to contact the building department. I talked to Karen Nielsen and tried to set up a meeting with the building officials, but I was not able to get anything set up. Chairman Leonard: Perfect. So, Collin, you said you had one inspection that got passed, and it was the? It was a pool shell bond. Mr. Gomez: Yes, sir. And that passed on May 6th of 2022. Chairman Leonard: Would you agree that this project is a lot further along than a pool shell bond? Mr. Gomez: Yes. Chairman Leonard: Did you do the plumbing on this? Mr. Gomez: I believe it's done. Chairman Leonard: You believe it's done? Did you get a plumbing inspection on this? Mr. Gomez: I'm not 100% sure. Chairman Leonard: Based on what I have now, you don't even have a permit.
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Mr. Gomez: That's what, yeah, it's for sure. I know the developer behind the house, he was doing his aspect of the job. We were mostly contracted for the pool shell and the plumbing. The deck and all the other features are elsewhere by other contractors, and I believe the project has been halted by the developer himself. Chairman Leonard: Let me ask you this. When you were notified back early in March, have you tried to get a permit since then? Mr. Gomez: I've tried to reach out to the building department many times. I've left voicemails. I never heard back. And then, just as time went by, it eventually stopped, because I know the project has been halted, too. And then the main developer, as well, has failed on his payments to us as Oasis, as well. Assistant Building Official, William Durden: And 6-16-2023, I spoke with the contractor in regard to this permit. The issue with this permit is that we never received the correct soil boring for the geotechnical report for this project. I'm not even sure that that pool was in that location with the retaining wall next to the drainage area is going to be supported. So that is the reason why this permit was never issued. Chairman Leonard: Yeah, and I appreciate that, Mr. Durden. That's what I said, you know, the submittal of KSM soil report was 17 years old, and that's where you requested additional soil reports. So, we don't know if the soil is good or bad. We don't have that thing supported. Doesn't know if it needs pilings. Doesn't know if it needs containment piles. Doesn't know if it needs thickened floors, thickened edges. That's why we have engineers that do all this. Mr. Gomez: And we are willing to do anything to correct any permitting issues at all for this permit. It's just our main concern is we were under the assumption that since we were able to schedule an inspection. Chairman Leonard: Collin, you had one inspection, and it was a bonding inspection. It wasn't a structural. You build a lot of swimming pools in multiple counties. Please don't think we're ignorant. Mr. Gomez: No, not at all, sir. Assistant County Attorney, Katherine Barbieri: Mr. Chairman, the next case is a disciplinary case. It's the same parties and everything. If you wanted to read it into the record, then maybe if Mr. Neill is okay with it, all the evidence could apply to both. So, you don't have to go through it twice. Board Attorney, Richard Neill: Thank you, Ms. Barbieri. And I don't see any reason that would not work fine. Chairman Leonard: Is that okay with the board? Board Attorney, Richard Neill: Yes. DICSCIPLINARY CASE 1) Case No. 2410-113922 – Mark B. Mahony and/or Oasis Pools & Spas of the Treasure Coast Inc.
Chairman Leonard: Mr. Winkler, would you like to read that into the record for the disciplinary case? Officer Winkler addressed the Board and stated 106 Round Island Place, case number 2410-0000089, the record I'm submitting, five photos taken September 30th, 2024, two photos taken November 7th, 2024, stop work order, notice to appear, permit number 2202-0308, United States Postal Service tracking information and DBPR information. September 30th, inspection at 106 Round Island Place, Fort Pierce, he found a pool had been constructed. Work was done by Oasis Pool and Spas of the Treasure Coast, slash Mark B. Mahoney. Officer Winkler stated Permit 2202-0308 had been applied for on February 11th of 2022, but the permit required a resubmittal and return to the contractor on May 20th, 2022. The review was not followed up. Notice to appear was sent by U.S. certified mail to Oasis Pool and Spas of the Treasure Coast, slash Mark B. Mahoney on October 2nd, for the Wednesday, November 20th, 2024, contractor licensing board hearing. It was for section 10-67, revocation or suspension of certificate of competency number (3), disregards and violates any, an applicable state or local building code, regulation or law, number (11), proceeds on any construction job without first obtaining and posting the required permits, including but not limited to building permits and environmental regulations and permits, scheduling required inspections. All of my certified mail came back returned on November 7th. Officer Winkler stated on the November 15th, he hand-delivered the NTA to the receptionist at Oasis Pool, Christy, at 655 4th Street, Vero Beach. He has had contact with Colin of Oasis Pool yesterday and as of this morning, the permit still is in review. Chairman Leonard: Yes. Thank you. Mr. Mahoney, when did you excavate this swimming pool? Mr. Gomez: I would believe right when the pool shell bond inspections were around May, I would say, May of 22.
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Chairman Leonard: So, May of 22. Mr. Gomez: Yes. Chairman Leonard: So, this thing's been on the ground for two and a half years in its current state. When did the home pull a permit? And is the home permit and halted as well? Home construction. Mr. Mahoney, how many swimming pools have you built since May of 2022? And please come up to the mic so we can hear you, please. Thank you. Mr. Mahoney: 60 to 80 in Indian River County. Probably 80. 80. In Indian River County. Assistant Building Official, William Durden: Mr. Chairman, the home itself, the permit is expired. And there are quite a few inspections that are remaining on the house. Chairman Leonard: When was the last approved inspection? Do you know, Mr. Jordan? Well, Mr. Jordan's looking that up. How many swimming pools have you built in St. Lucie County since May of 2022? Mr. Gomez: I believe one or two. Chairman Leonard: A couple more? Mr. Gomez: We don't do, I know I have two on open permit right now that are waiting, are in the process, but we don't do a lot of pools in St. So two that are in the permitting process right now? Yes, sir. Chairman Leonard: So you haven't started those yet? No, sir. That's a good thing. So, you've built 80 since May? Mr. Gomez: Most of our work is in Indian River County. So yes, sir. Yeah. Chairman Leonard: Thank you. I have no further questions. Anybody have any questions of Mr. Collin? There was further discussion among the Board, Staff, Mr. Gomez and Mr. Mahoney regarding both cases. DISCIPLINARY CASES MOTION: Mr. DiFrancesco made a motion to accept Staff recommendation to revoke the permitting privileges for Mark B. Mahoney and/or Oasis Pools & Spas of the Treasure Coast Inc. for a term not to exceed three hundred and sixty-five (365) days. After the revocation period, Mark B. Mahoney and/or Oasis Pools & Spas of the Treasure Coast 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. Morris seconded and the motion carried. Chairman Leonard asked for a roll call vote. Mr. Sampson – No, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – abstained, Mr. Pride – No, Mr. Morris – Yes, Mr. Priest – Yes. The motion carried. WAIVER OF RIGHTS MOTION: 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. Morris seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – abstained, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Priest – Yes. The motion carried unanimously. DICSCIPLINARY CASE 2) Case No. 2406-0000081 – Ronnie Freeman Padgett II and/or ADT Solar LLC
Chairman Leonard: Thank you. Mr. Winkler, ADT Solar Disciplinary Case No. 2. Officer Winkler: That has been removed, sir, to next month's meeting. Been removed? Assistant County Attorney, Katherine Barbieri: Assistant County Attorney Kathryn Barbieri. Yes, the attorney has family medical emergencies.
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Board Attorney, Richard Neill: Sorry. May I get a clarification on ADT? Is that essentially something that the board should continue to next time? Assistant County Attorney, Katherine Barbieri: That would probably be, uh, beneficial if they would continue it to the January board meeting based on the, um, representations from the attorney. Chairman Leonard: I'm sorry. I thought I heard it was removed. Board Attorney, Richard Neill: Feel free to ask questions, let me know. Chairman Leonard: So, you need a motion to table to the next meeting? Please. Board Attorney, Richard Neill: Yes, please. Assistant County Attorney, Katherine Barbieri: That, that would probably be the better way, yes, sir. Chairman Leonard: That's why we have great legal ease here. So, we appreciate that. You have a motion to table to the next meeting? We have a motion, we have a second. I second. We have a second. Mr. DiFrancesco made a motion to continue case to the January 15, 2025 Contractor Licensing Board meeting. Mr. Sampson seconded and the motion carried unanimously. J. OLD BUSINESS: None. K. NEW BUSINESS: None. ADJOURNMENT: The meeting was adjourned at 9:38 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, January 15, 2025 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman