HomeMy WebLinkAboutMinutes 09.21.2022
Contractor Licensing Board Minutes – Draft
September 21, 2022, at 8:30 a.m. St. Lucie County Administration Board of County Commissioners
Commission Chambers
PRESENT ABSENT STAFF PRESENT Contractor Licensing Supervisor…………………………………………………… Danielle Williams Building Official………..……………………………………………….……………. Doug Harvey Assistant County Attorney………………………………………………………….. Katherine Barbieri Code Compliance Manager……………………………………………………….. Monica Graziani Contractor Licensing Investigator………………………………………………… Mike Cicio Board Recorder……………………………………………………………………... Roxann Johnson A. CALL TO ORDER: The meeting was called to order at 8:32 a.m.
B. WELCOME – New Board Members: Chairman Leonard welcomed the three (3) new Board Members, Mr. Priest, Mr. Morris, and Mr. Kauffman to the Board. Mr. Kauffman was unable to attend the meeting. Mr. Priest and Mr. Morris gave a brief introduction of themselves to the Board and Staff. C. ROLL CALL OF BOARD MEMBERS: The roll was called. Board members Mr. Chris Langel and Mr. Michael Kauffman were excused. D. APPROVAL OF MINUTES: March 16, 2022 Contractor Examining Licensing Board Meeting. Motion was made by Mr. DiFrancesco or to approve the Minutes of the March 16, 2022 meeting. Mrs. Taylor seconded the motion and the motion carried unanimously. E. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Josue Guevara, Douglas Harvey, Alphanette Waters and Mike Cicio. F. PUBLIC COMMENT: None.
Chairman.…………………………..................................................................... Travis Leonard
Vice Chairman………………………………………………………………………. Tony Jerger
Secretary…………………………………………………………………………… Michael DiFrancesco
………………………………………………………………………………………… Michael Pride
……………………...………………………………………………………………… Adam Sampson
………………...……………………………………………………………………… Sheila McCarthy-Taylor
……………………………………………………………………………………….. Gary Morris
……………………………………………………………………….......................... Roger Priest
…..…………………………………………………………………………………….. Chris Langel
………………………………………………………………………………………… Michael Kauffman
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F. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. Pride to approve the applicants recommended by Consent vote. Mr. DiFrancesco seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency
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 Eric J. Davis LTG Carlson Fence LLC Fence Contractor
Russell Kutsenko All Comfort Solutions LLC Aluminum with Concrete Contractor
Pedro A. Villalona Exigo Concrete Inc. Concrete Contractor
Cole D. Mueller Cole David Restoration Inc. Siding, Windows & Doors Contractor
Fernando E. Costa Quantum Floors Inc. Finish Carpentry 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:
David W. Hunt D & R Landscape Inc. Land Clearing Contractor PROV
Stephen R. Runge N/A Journeyman Electrician PROV
Layton V. Albury N/A Journeyman Electrician PROV
Joel N. Guettler N/A Journeyman Electrician PROV
Kyle A. Seaman Elite Custom Trim and Cabinetry LLC Carpentry GITS
Joseph L. Shaw Surfaces Construction Group LLC Finish Carpentry PROV
Everton Miller N/A Journeyman Electrician PROV
Jacob Vera Gomez N/A Journeyman Electrician PROV
Bruce A. Green Premier Landscape Solutions of IR LLC Irrigation Sprinkler PROV
Jeffrey T. Bolduc Atlantic Auto Trim & Glass Inc. Aluminum W/out Concrete Prometric
Qualifier Business Name Type of Contractor
Larry Botkin Vero Fence LLC Fence Contractor
Adam L. Peters Adam Peters Carpentry Inc Carpentry Contractor
Qualifier Business Name Type of Contractor
None.
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G. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 1) Case No. 2204-107943 - Rene H. Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC Officer Cicio addressed the Board and stated for the record, he is submitting a total of two (2) photos, one (1) taken on April 18, 2022, during an inspection at the property address of 2251 us Hwy 1, Lot 170, Ft. Pierce and one (1) taken on June 7, 2022, showing a Notice to Appear posted at the residential home address of Rene H. Zelaya-Romero (Zelaya’s Mobile Home Movers And Installers LLC). This case was referred to me by code officer Huascar Moreira as he has presented a case for an unpermitted installed mobile home at the address of 2251 US Hwy 1, lot 170, during our Code Enforcement Board meetings. Officer Cicio stated Zelaya’s Mobile Home Movers and Installers LLC applied for a mobile home setup permit, permit number 2202-0023 on February 1, 2022, and it remained in a pending status for missing information. Upon inspection, the mobile home was found to be installed on a pending permit. Officer Cicio stated on April 20, 2022, a $2000.00 Citation (3rd offense), Citation number 273 for proceeding on a job without obtaining a permit, was issued, sent via certified mail which was delivered and signed for on April 23, 2022. a copy was also posted at Mr. Zelaya’s residential home address on April 20, 2022. Officer Cicio stated since the citation remained unpaid and uncontested, a Notice to Appear for the July 20, 2022, Contractor Licensing Board was sent certified mail which remains unclaimed. a copy of the notice to appear was posted on June 7, 2022. due to rescheduling, a notice to appear for the sept 21, 2022, contractors licensing board was sent by certified mail which remained undelivered. a copy was posted at the last known residential home address for Rene Zelaya on August 11, 2022. Officer Cicio stated as of Sept 21, 2022, the citation remains unpaid. Staff is recommending that a lien be placed on the real or personal property of Mr. Zelaya if the citation is not paid within 30 days. There was discussion among the Board and Staff regarding the citation. Mr. Jerger made a motion to accept staff’s recommendation of $2000.00 citation fee (3rd 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 the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 2) Case No. 2204-107945 - Rene H. Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC Officer Cicio addressed the Board and stated for the record, he is submitting a total of two (2) photos, one (1) taken on April 18, 2022, during an inspection at the property address of 2251 us Hwy 1, Lot 179, Ft. Pierce and one (1) taken on June 7, 2022, showing a Notice to Appear posted at the residential home address of Rene H. Zelaya-Romero (Zelaya’s Mobile Home Movers And Installers LLC). This case was referred to me by code officer Huascar Moreira as he has presented a case for an unpermitted installed mobile home at the address of 2251 US Hwy 1, lot 179, during our Code Enforcement Board meetings. Officer Cicio stated Zelaya’s Mobile Home Movers and Installers LLC applied for a mobile home setup permit, permit number 2202-0687 on February 25, 2022, and it remained in a pending status for missing information. Upon inspection, the mobile home was found to be installed on a pending permit. Officer Cicio stated on April 20, 2022, a $2000.00 citation (4th offense), Citation number 274 for proceeding on a job without obtaining a permit, was issued, sent via certified mail which was delivered and signed for on April 23, 2022. A copy was also posted at Mr. Zelaya’s residential home address on April 20, 2022. since the citation remained unpaid and uncontested, a notice to appear for the July 20, 2022, Contractor Licensing Board was sent certified mail which remains unclaimed. Officer Cicio stated a copy of the notice to appear was posted on June 7, 2022. due to rescheduling, a Notice to Appear for the September 21, 2022, Contractors Licensing Board was sent by certified mail which remained undelivered. a copy was posted at the last known residential home address for Rene Zelaya on Aug 11, 2022. Officer Cicio stated as of September 21, 2022, the citation remains unpaid. He stated Staff is recommending that a lien be placed on the real or personal property of Mr. Zelaya if the citation is not paid within 30 days. There was discussion among the Board and Staff regarding the citation.
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Mr. DiFrancesco made a motion to accept staff’s recommendation of $2000.00 citation fee (4th 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 the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 3) Case No. 2204-107946 - Rene H. Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC Officer Cicio addressed the Board and stated for the record, he is submitting a total of two (2) photos, one (1) taken on April 18, 2022, during an inspection at the property address of 2251 us Hwy 1, Lot 45, Ft. Pierce and one (1) taken on June 7, 2022, showing a Notice to Appear posted at the residential home address of Rene H. Zelaya-Romero (Zelaya’s Mobile Home Movers And Installers LLC). This case was referred to me by code officer Huascar Moreira as he has presented a case for an unpermitted installed mobile home at the address of 2251 US Hwy 1, lot 45, during our Code Enforcement Board meetings. Officer Cicio stated Zelaya’s Mobile Home Movers and Installers LLC applied for a mobile home setup permit, permit number 2202-0022 on February 1, 2022, and it remained in a pending status for missing information. He stated upon inspection, the mobile home was found to be installed on a pending permit. Officer Cicio stated on April 20, 2022, a $2000.00 citation (5th offense), Citation number 275 for proceeding on a job without obtaining a permit, was issued, sent via certified mail which was delivered and signed for on April 23, 2022. a copy was also posted at Mr. Zelaya’s residential home address on April 20, 2022. since the citation remained unpaid and uncontested, a notice to appear for the July 20, 2022, contractor licensing board was sent certified mail which remains unclaimed. Officer Cicio stated a copy of the Notice to Appear was posted on June 7, 2022. due to rescheduling, a notice to appear for the sept 21, 2022, contractors licensing board was sent by certified mail which remained undelivered. a copy was posted at the last known residential home address for Rene Zelaya on August 11, 2022. Officer Cicio stated as of September 21, 2022, the citation remains unpaid. staff is recommending that a lien be placed on the real or personal property of Mr. Zelaya if the citation is not paid within 30 days. There was discussion among the Board and Staff regarding the citation. Mr. DiFrancesco made a motion to accept staff’s recommendation of $2000.00 citation fee (5th 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. Pride seconded the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 4) Case No. 2206-108298 - Rene H. Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC Officer Cruz addressed the Board and stated for the record, she is submitting a total of six (6) photos, four (4) taken on June 16, 2022, during an inspection at the property address of 3200 s 7th St., lot 72, Ft. Pierce, FL 34982, one (1) taken on June 21, 2022, showing a copy of the citation posted at the residential home address of Rene h. Zelaya-Romero (Zelaya’s mobile home movers and installers llc), and 1 photo taken on July 5, 2022, showing the notice to appear posted at the residential home address of Rene H. Zelaya-Romero (Zelaya’s Mobile Home Movers and Installers LLC) . Officer Cruz stated this case was referred to her by the Building and Code Regulations Manager, Monica Graziani because she speaks Spanish. Mr. Francesco Zelaya inquired about the status of his permit. During their conversation, he stated that the mobile home had already been set on the lot and needed to be inspected. He also confirmed that the permit was still in review status. Officer Cruz stated a check of the computer system revealed that Zelaya’s mobile home movers and installers llc applied for a
mobile home setup permit, permit number 2107-0837 on July 28, 2021, and was in a pending status due to missing information. She stated upon inspection, the mobile home was found to be installed on a pending permit. Officer Cruz stated on June 16,2022 a $2000.00 citation (6th offense), citation number 283 for proceeding on a job without obtaining a permit, was issued, sent via certified mail which was undelivered. a copy was also posted at Mr. Zelaya’s
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residential home address on June 21, 2022. since the citation remained unpaid and uncontested, a Notice to Appear for the July 20, 2022, Contractor Licensing Board was sent certified mail which remains unclaimed. Officer Cruz stated a copy of the Notice to Appear was posted on July 5, 2022. She stated on July 20,2022 the Contractor Licensing Board had no quorum, so the case was continued to the September 21, 2022 Licensing Board. The Notice to Appear for the September 21, 2022, Licensing Board was posted to Mr. Zelaya’s mailing address on August 10, 2022. Officer Cruz stated as of September 21, 2022, the citation remains unpaid. staff is recommending that a lien be placed on the real or personal property of Mr. Zelaya if the citation is not paid within 30 days. There was discussion among the Board and Staff regarding the citation. Mr. DiFrancesco made a motion to accept staff’s recommendation of $2000.00 citation fee (5th 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 the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. H. DISCIPLINARY CASE: 1) Case No. 107720 - Rene H. Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC Officer Cicio addressed the Board and stated for the record, he is submitting a copy of the complaint affidavit filed by Peterson Lucien, contract between Mr. Lucien and Zelaya’s Mobile Home Movers and Installers LLC with proof of a 50% cash payment of $2500.00, two (2) photos, one (1) photo taken on April 7, 2022, at the address of 3318 Orange Ave., Lot 31, Ft. Pierce and one (1) photo taken on June 7, 2022, showing a notice to appear posted at the residential home address of Rene H. Zelaya-Romero. Officer Cicio stated he is also submitting copies of text messages between Mr. Lucien and Rene Zelaya, Division of Corporations printout as well as licensing information. Mr. Rene Zelaya is licensed though the Florida Highway Safety and Motor Vehicles as a mobile home installer, license number IH1123136. He stated he is licensed through St. Lucie County and is able to pull permits under license number 30516. Officer Cicio stated on April 1, 2022, a complaint affidavit was filed by Mr. Lucien on Zelaya’s mobile home movers and installers llc (Rene H. Zelaya Romero) who he had contracted with for to move his mobile home from its location in Davie, FL to Seminole mobile home park, lot 31 located at 3318 orange Ave, ft. pierce. Mr. Lucien did pay Mr. Zelaya $2,500 in cash
which was 50% of the total contracted price. the contract included transport as well as setting the mobile home up with the proper permits. Officer Cicio stated Mr. Zelaya not only did not move the mobile home per the contractual agreement, but kept the money provided to him by Mr. Lucien. He stated he spoke to Mr. Zelaya on several occasions, he admitted to receiving the 50% contractual price, and he agreed to return the money to Mr. Lucien in full but has not done so to date. Officer Cicio stated upon investigation, it was found that Zelaya’s mobile home movers and installers llc violated: SLC 10-26 (9) – Commit and fraudulent act as a contractor as a result of which another is financially injured. Officer Cicio stated Staff believes that Mr. Zelaya had no intention of completing his contractual agreement with Mr. Lucien as the unit remained in Davie, FL even after Mr. Lucien was told that the unit would be destroyed if it was not removed. Mr. Zelaya took money from Mr. Lucien not in good faith and even after not completing his contractual agreement, being contacted by Staff, and agreeing to return the deposit, the money was never returned. SLC 10-67 (3) – Disregards and violates an applicable state or local building code, regulation or law. 489.126 (2)(a) – under Florida Statute A CONTRACTOR WHO RECEIVES, AS INITIAL PAYMENT, MONEY TOTALING MORE THAN 10 PERCENT OF THE CONTRACT PRICE FOR REPAIR, RESTORATION, IMPROVEMENT, OR CONSTRUCTION TO RESIDENTIAL REAL PROPERTY MUST: 1. Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and
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2. Start the work within 90 days after the date all necessary permits for work, if any, are issued, unless the contractor has just cause for failing to apply for the necessary permits, starting the work, or refunding the payment, or unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both. SLC 10-67 (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. SLC 10-67 (10) – Commits fraud or deceit or other misconduct in the practice of contracting. SLC 10-67 (19)(a)(2) - The contractor has abandoned a customer's job and the percentage of completion is less than the
percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess funds within 30 days after the job is abandoned; Officer Cicio stated the facts in this case are clear. Mr. Lucien entered into a contract with Zelaya’s mobile home movers and installers llc for the transport and setup of a mobile home. Mr. Lucien did pay Rene H. Zelaya Romero $2500.00 in cash (50% deposit) which was confirmed by Mr. Zelaya. He stated Mr. Zelaya was provided the opportunity by staff to return the money to Mr. Lucien but failed to do so. Officer Cicio stated based upon the facts in this case, Staff is recommending revoking the permitting privileges of Zelaya’s mobile home movers and installers llc (Rene H. Zelaya Romero) for an indefinite period. Mr. Zelaya must make a written request to appear before the board to have his permitting privileges reinstated. He stated Staff is also recommending that a copy of the board’s order be forwarded to the Florida highway safety and motor vehicles and the surrounding municipalities. this case has already been forwarded to the St. Lucie County Sheriff’s office. Chairman Leonard thanked Officer Cicio for presenting the case and asked if Mr. Zelaya was present and would like to come up to the podium to speak to the Board. He stated he did not see any representatives for Mr. Zelaya for the previous cases. Chairman Leonard asked the Board if they had any questions for Staff and asked if he could receive a motion. Mr. DiFrancesco made a motion to accept Staff’s recommendation to revoke the permitting privileges for Rene H Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC indefinitely and a written request must be made to the Board to reinstate Rene H Zelaya-Romero and/or Zelaya Mobile Home Movers and Installers LLC’s permitting privileges. A copy of the Board’s order will be forwarded to the Florida Highway Safety and Motor Vehicles (FLHSMV) and the surrounding municipalities. Mrs. McCarthy-Taylor seconded the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 2) Case No. 2206-108223 - Derman R. Ruiz and/or All Roofing and Services Florida LLC Officer Cicio addressed the Board and stated for the record, he is submitting a total of nine (9) photos, two (2) photos provided to me as part of a complaint package filed to the Florida Department of Business and Professional Regulations (DBPR), one (1) photo taken by Code Officer Huascar Moreira during a site visit on May 3, 2022, and six (6) photos taken by himself on May 4, 2022, including a photo of the stop work order posted. Officer Cicio stated he is also submitting a copy of the complaint received through management, Division of Corporations and Licensing information for contractor Derman Ruiz/dba/All Roofing and Services Florida LLC, and emailed contract from Mateus Arruda (Arruda Roofing LLC) to property owner Mark Campbell. Officer Cicio stated this contract for a metal roof system is between Mr. Campbell and Arruda roofing with the license number of all roofing and services Florida LLC depicting the state license number of Mr. Derman Ruiz (ccc1328002) for the total amount of $34,000.00. a blank notice of commencement was provided to Mr. Campbell. i am submitting a copy of a notice of commencement filed by property owner, mark Campbell on April 16, 2022.
Officer Cicio stated he is submitting a copy of the contract provided to staff by Mr. Campbell, as well as proof of payments to Arruda roofing, check numbers 103282 and 103283, totaling the amount of $17,000.00, which is half the cost of the total contractual price. He stated he is providing a copy of the building permit application filed and appears to be signed by Derman Ruiz (All Roofing and Services Florida llc) on April 28, 2022. He stated he is submitting a copy of a letter written to the tenant of the property for the removal of the dumpster that was placed in the driveway.
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Officer Cicio stated the letter provides the name of the unlicensed company that was actually doing the work, Mariama construction of Florida LLC. He stated he is also providing Division of Corporations printouts for unlicensed contractor, Arruda Roofing LLC and Mariama Construction of Florida LLC. Officer Cicio stated on May 3, 2022, he was informed by Code Officer Huascar Moreira that Arruda roofing (Mateus Arruda) was reroofing a residential home at the address of 6701 little way, ft. pierce on a pending permit. a computer check revealed that roofing permit, 2205-000255, was in a pending status. He stated he inspected the property on May 4, 2022 and met with the tenant who provided me a copy of an emailed contract. He stated due to the pending permit, a stop work order was posted. Officer Cicio stated he contacted Mateus Arruda (Arruda Roofing) and he stated that he has a joint venture ship contract with Derman Ruiz (all roofing and services Florida LLC) to use his license in the performance of contracting. Mr. Arruda claimed that he pays Mr. Ruiz a percentage of his contract costs. Officer Cicio stated the Florida Department of Business and Professional Regulations (DBPR) does not show that Derman Ruiz qualifies Mateus Arruda (Arruda roofing llc). Officer Cicio stated he spoke to Derman Ruiz and he also claimed that he has entered into a contractual joint venture ship with Mateus Arruda. he further stated that he has had issues with Arruda Roofing beginning work on pending permits. He claimed that he has been contacted by other jurisdictions or municipalities on issues of unpermitted work and possibly aiding and abetting. He claimed to have also been contacted by DBPR. Officer Cicio stated staff has confirmed with DBPR that tips have been filed with the state from Citrus County as well as a municipality in Miami/Dade County area. these tips were filed before my investigation commenced. He stated upon investigation, it was found that All Roofing and Services Florida LLC violated: SLC 10-26 (13) – Disregard or violate any county ordinance relating to unlicensed contractors.
IN SLC SEC. 10-56, Any person, other than a certified contractor as defined in this article, desiring to engage in or work at the business or occupation of contractor, as defined in this article, in the unincorporated areas of the
county shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this division, and has registered in the proper classification with the state department of business and professional regulation pursuant to the provisions of F.S. ch. 489. SLC 10-67 (3) – Disregards and violates an applicable state or local building code, regulation or law. Officer Cicio stated All Roofing and Services Florida LLC commenced work on a pending building permit in direct violation of both state and county ordinance. The permit was not obtained until approximately one week after the stop work order was posted. SLC 10-67 (4) – Performs any act which assists a person or business in engaging in the unlicensed business of contracting,
as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed. Officer Cicio stated in this section, All Roofing and Services Florida LLC (Derman Ruiz) entered into a joint venture ship with Arruda roofing llc (Mateus Arruda). Derman Ruiz allowed Mateus Arruda to use his license number on contracts in the capacity of contracting, knowing, that Arruda roofing LLC is not a state licensed roofing contractor required under F.S. 489. SLC 10-67 (10) - Commits fraud or deceit or other misconduct in the practice of contracting. Officer Cicio stated because Derman Ruiz allowed Mateus Arruda to use his business name and license number on contracts under this joint venture ship, he deceived customers by allowing an unlicensed contractor to take payments and provide the sub-contracted labor of Mariama construction of Florida LLC, also unlicensed and without workers compensation coverage required by F.S. 440. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this division.
IN F.S. 489.113 (2) - No person who is not certified or registered shall engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a person who is not certified or registered may perform
construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervisor’s license and provided that the person being supervised is not engaged in construction work which would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o) which includes roofing contractor.
Officer Cicio stated based upon the facts in this case, staff is recommending to the board to suspend the permitting privileges for Derman Ruiz/All Roofing and Services Florida LLC for a period not to exceed 365 days. Derman Ruiz and/or All Roofing
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and Services Florida LLC must make a request before the contractor licensing board to have the permitting privileges reinstated. Officer Cicio stated Staff is also recommending that a copy of the board’s order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. Chairman Leonard thanked Officer Cicio for presenting the case and asked if Mr. Ruiz was present and would like to come up to the podium to be sworn in and speak to the Board. Mr. Derman Ruiz was sworn in by the Recording Secretary Chairman Leonard asked Mr. Ruiz if he is Derman Ruiz and the qualifier of All Roofing and Services LLC. Mr. Ruiz answered in the affirmative. Mr. Ruiz stated he is sorry for the problem that he has had in this County regarding the violations. He stated it is regarding Arruda Roofing. He stated he started conversations with this Company’s owner in November 2021 and they made the agreement to start to advise him and help him to create a new corporation in central Florida with DBPR’s approval with his license under his qualification. Mr. Ruiz stated basically, he was in contact with this gentleman momentarily until he fled to Brazil because he sued him and now, he is being prosecuted by the State Attorney because he committed fraud against him. Mr. Ruiz stated he tried to explain to Mr. Arruda that they needed to process everything step by step to create a joint venture ship. He stated he approved Mr. Arruda to start a joint venture ship with his company and he told him that he needs to follow the guidelines of the Florida Building Code and Contractor Licensing for his Roofing license. Mr. Ruiz stated he explained to Mr. Arruda that he will allow him to work and pull permits in this third-party joint venture. He stated he also told him that this would allow him to hire a local company with Workers Compensation and Liability insurance. Meanwhile, he would be processing his application with DBPR. Mr. Ruiz stated he has all the paperwork to show that he started the application to qualify them with DBPR. He stated what has happened now is, Mr. Arruda has started placing stickers on his trucks, using his name (Arruda Roofing) and his license number (Mr. Ruiz’s). He stated he also did all the advertising on the radio, public advertising using his name (Arruda Roofing) and his license number (Mr. Ruiz’s). Mr. Ruiz stated he is thankful for Officer Cicio. He stated Officer Cicio is the one who made him aware that Mr. Arruda had been using his license number and also that his contract had his name (Arruda Roofing) and his (Mr. Ruiz’s)name and license number. He stated once he found out, he contacted his Attorney and the police. There was further discussion among the Board, Staff and Mr. Ruiz regarding the case and the violations. Mr. DiFrancesco made a motion to accept Staff’s recommendation to suspend the permitting privileges for Derman R. Ruiz and/or All Area Roofing and Services Florida LLC for a period not to exceed three hundred & sixty-five (365) days and written request must be made to the Board to reinstate Derman R. Ruiz and/or All Area Roofing and Services Florida LLC’s permitting privileges after the one-year suspension. A copy of the Board’s order will be forwarded to the Florida Department of Business and Professional Regulation (DBPR) and the surrounding municipalities. Mrs. McCarthy-Taylor seconded the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. 3) Case No. 2206-108191 - Dillon Slater and/or Slater Construction LLC Officer Cruz addressed the Board and stated for the record, she is submitting a copy of the complaint affidavit filed by property owners Shannon Gullion/ Don Anthony Romanello Family Trust, twenty-one (21) photos, seventeen (17) photos taken on May 18, 2022, one (1) photo taken on June 6, 2022, two (2) photos taken on July 14, 2022, and 1 on September 13, 2022. She
stated she is also submitting the contract quote given to Shannon by Slater Construction, check images with endorsement, and a printed copy of the texted conversations between Shannon Gullion and Dillon slater from February 8, 2021, thru April 4, 2022.
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Officer Cruz stated on April 18, 2022, a complaint affidavit was filed by Shannon Gullion/ Anthony Romanelli family trust against slater construction, llc (Dillon Slater) whom they had contracted with the renovation work at the address of 6303 S Indian River Dr., Ft. Pierce, FL 34982. She stated upon investigation, it was found that slater construction, llc, violated: SLC 10-26 (12) – Commence or perform work for which a county building permit is required without obtaining the appropriate
permit. Office Cruz stated on June 7, 2021 Investigator Mike Cicio placed a stop work order on the property 6303 Indian River Dr. It was confirmed that Slater Construction LLC was working on the property with a permit that was still in pending status. SLC 10-67 (3) - Disregards and violates an applicable state or local building code, regulation or law. Officer Cruz stated upon investigating it was also found that the rear end of the property was renovated, and a new structure was built. It was confirmed through the text conversation between Shannon Gullion and Dillon Slater that the back deck was built, no permits were applied for the area of work that was visibly done. SLC 10-67 (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 reasons for termination, or fails to perform
work under the contract for 90 consecutive days. Officer Cruz stated Slater Construction LLC was contracted by Shannon Gullion / Don Anthony Romanello Family Trust at property 6303 Indian River Dr Ft Pierce, FL. 34982 from the start date of February 19,2021 and the last day according to text communications between Shannon Gullion and Dillon Slater where Dillon confirms his last time being at the jobsite was Wednesday, March 9, 2022. No other employees were on the premises after that date and no other work was completed. SLC 10-67 (11) - Proceeds on any construction job without first obtaining and posting the required permits including but not limited to building permits and environmental regulations permits and scheduling required inspections. Officer Cruz stated on June 8, 2021 Investigator Michael Cicio was on the property conducting his investigation and there were no visible permitting boxes or proper paperwork posted on the jobsite. It was later found that no permits had been issued for any of the work that had been done on the property. SLC 10-67 (12) – Exceeds the scope of work which the contractor has been licensed to perform. Officer Cruz stated after reviewing the photos, it was noted that a shower was placed on the back portion of the property where the new deck was built. Slater Construction LLC should have subcontracted that work out to a plumbing company, which they did not. Officer Cruz stated on June 6th, 2022, a Notice to Appear before the July 20st, 2022 Contractor Licensing Board was mailed to
Dillion Slater via certified mail which was undelivered. She stated she also attempted to contact Mr. Slater via email address at cara1877@yahoo.com and info@slatercontructionvb.com on June 6, 2022 both emails were returned to her inbox as undeliverable. She stated on June 8,2022, she also called Mr. Slater and left a message and she have not received a returned phone call. Officer Cruz stated her last attempt was on July 14, 2022 where she hand delivered the Notices to Appear to the address on his Florida driver’s license at 4465 60th CT., Vero Beach, FL, 32967 and his sunbiz mailing address at 4853 61st Cir. Vero Beach, FL 32967. She stated two (2) photos have been submitted as proof that those notices were delivered to his property address, so that he would be made aware of the contractor licensing board meeting on July 20,2022. Officer Cruz stated on July 20, 2022 the licensing board had no quorum, so the case was continued to the September 21, 2022 Contractor Licensing Board. She stated a Notice to Appear was posted on August 11, 2022 at both the mailing address and the address on his current driver’s license to appear for the September 21, 2022 Contractor Licensing Board. Officer Cruz stated based upon the facts in this case, Staff is recommending revoking the permitting privileges of Slater Construction LLC/ Dillon Slater indefinitely. Mr. Slater must request in writing to have his permitting privileges reinstated and appear before the Board. Officer Cruz stated Staff is also recommending forwarding a copy of the Board’s Order to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. She stated this case has already been forwarded to
the St. Lucie County Sheriff’s office. Chairman Leonard thanked Officer Cruz for presenting the case and asked if Mr. Slater was present and would like to come up to the podium to be sworn in and speak to the Board. Mr. Slater was not present.
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Chairman Leonard asked the Board if they had any questions for Staff. There being none, he asked if he could receive a motion. Mr. Pride made a motion to accept Staff’s recommendation to revoke the permitting privileges for Dillon Slater and/or Slater Construction LLC indefinitely and a written request must be made to the Board to reinstate Dillon Slater and/or Slater Construction LLC permitting privileges. A copy of the Board’s order will be forwarded to the Florida Department of Business and Professional Regulation (DBPR) and the surrounding municipalities. Mr. DiFrancesco seconded the motion. Chairman Leonard asked for a roll call vote. Mrs. McCarthy-Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Priest – Yes, Mr. Morris – Yes. The motion carried unanimously. Chairman Leonard stated he would like to thank Staff for all their hard work and making it easy for the Board. He stated that closes the disciplinary case portion on to old business. H. OLD BUSINESS: Discussion Contractor’s Examining Board Ordinance. Chairman Leonard asked Assistant County Attorney, Katherine Barbieri to bring the Board up to speed on old business. Assistant County Attorney, Katherine Barbieri addressed the Board and stated Staff wanted the Board to be aware that the Board of County Commissioners did pass the ordinance and revised the language on Architect and Engineer, hence we have Mr. Morris and Mr. Priest here today. Chairman Leonard stated the Board is very happy to have them here and he appreciates them dedicating their time to this Board. Discussion on newspaper article on Amore Pools’– (Michael Cicio). Officer Cicio gave the Board a brief update on the Amore Pools’ article. I. NEW BUSINESS: None. ADJOURNMENT: The meeting was adjourned at 10:04 a.m.
The next Contractor Examining Board Hearing will be held on WEDNESDAY, November 16, 2022, AT 8:30 A.M.
Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman