HomeMy WebLinkAboutMinutes 02.17.2021
Contractor Licensing Board
Minutes – Draft
February 17, 2021 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. ROLL CALL OF BOARD MEMBERS:
The roll was called. Board member Dennis Parker was excused.
C. ELECTION OF OFFICERS: CHAIRMAN, VICE CHAIRMAN, BOARD SECRETARY
CHAIRMAN: Mr. Leonard made a motion to nominate Mr. Davis for Chairman.
Mr. Jerger seconded the motion and the motion carried.
VICE CHAIRMAN: Mr. Zrallack made a motion to nominate Mr. Leonard for Vice Chairman.
Mr. DiFrancesco seconded the motion and the motion carried.
SECRETARY: Mr. Leonard made a motion to nominate Mr. Zrallack for Secretary.
Mr. Pride seconded the motion and the motion carried.
D. APPROVAL OF MINUTES: December 16, 2020 Contractor Examining Licensing Board Meeting
Motion was made by Mr. Langel to approve the Minutes of the December 16, 2020 meeting.
Chairman.…………………………..................................................................... Doug Davis
Vice Chairman………………………………………………………………………. Travis Leonard
………………………………………………………………………………………… Michael DiFrancesco
………………………………………………………………………………………… Tony Jerger
………………………………………………………………………………………… Michael Pride
Secretary…………...………………………………………………………………… Dan Zrallack
………………...……………………………………………………………………… Chris Langel
……………………………………………………………………………………….... Sheila McCarthy-Taylor
…..…………………………………………………………………………………….. Dennis Parker
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Mrs. McCarthy-Taylor seconded and the motion carried unanimously.
E. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Danielle Williams, Douglas Harvey, Mike Cicio and Monica Graziani.
F. PUBLIC COMMENT:
Vice Chairman Leonard asked the audience if anyone present wanted to speak to the Board under public comment. There
being none the Board moved on to Applications to be approved.
G. APPLICATIONS TO BE APPROVED BY CONSENT VOTE:
Motion was made by Mr. DiFrancesco to approve the applicants recommended by Consent vote.
Mr. Langel 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. Langel seconded and the motion carried unanimously.
Qualifier Business Name Type of Contractor
Donald J. Fielder Decca Electric Inc. Electrical Contractor
Lockhard Murat Paraclete Electric LLC Electrical Contractor
Scott P. Jaffin Arcoat Coatings Corporation Painting Contractor
Zachary D. Robson N/A Journeyman Electrician
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.
Lanny R. Donnell Lanny Electric LLC dba Lanny Electric Electrical Contractor
Thomas P. Urso Urso Electric and Lighting Corp. Electrical Contractor
Bhojnarine Mahabir S & J Electric LLC Electrical Contractor
Clifton A. Daley Daley’s Electrical Solutions LLC Electrical Contractor
Eduardo Flores A & E Quality Painting LLC Painting Contractor
Lino Garcia N/A Journeyman Electrician
Qualifier Business Name Type of Contractor
Idalia Melendez Santios Interior Installations LLC Tile and Marble Contractor
Calvin Van Eyk Panda Enterprise Inc. dba Panda Pavers Interlocking Paver Contractor
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD:
I. CITATION APPEAL
1) Eugene F. Santoro dba Coastal Development Corporation
Chairman Davis stated next on the agenda is a citation appeal for Mr. Eugene F. Santoro dba Coastal Development
Corporation. He asked Officer Cicio to bring the Board up to speed on the case.
Officer Cicio addressed the Board and stated that contractor has retained an attorney and has requested a continuance until
the April 21, 2021, Contractor Licensing Board meeting in which our legal team has approved.
Mr. Leonard made a motion to accept staff’s recommendation to continue the case to the April 21, 2021 Contractor
Licensing Board meeting at 8:30am.
Mr. Langel and the motion carried unanimously.
2) Ellis Huewitt dba Huewitt Enterprises LLC
Chairman Davis stated we have another citation appeal against Ellis Huewitt dba Huewitt Enterprises LLC.
Officer Cicio addressed the Board and stated good morning, for the record he is submitting eight (8) photos taken on October
8, 2020, during an onsite inspection of the property address of 6100 Papaya Dr. in Fort Pierce, FL. He stated this case is a
result of a complaint affidavit filed by property owner, Perry Clemis on October 5, 2020.
Officer Cicio stated according to the complaint affidavit and the information provided Mr. Clemis entered into a contract with
Ellis Huewitt, business owner of Huewitt Enterprises LLC on July 30, 2020, for the removal and replacement of loadbearing
porch posts on his property. He stated all materials were purchased by the homeowner according to the invoice provided by
Mr. Clemis, removal and installation of the structural support posts with the cutting of concrete step was to be performed by
Mr. Huewitt.
Officer Cicio stated receipts provided revealed that payments were made to Mr. Huewitt for the work totaling at least two
thousand dollars ($2,000.00). He stated computer checks revealed that Mr. Ellis Huewitt is not a licensed contractor. He
stated he spoke to Mr. Huewitt and he admitted to doing the work, however, stated that it is the property owner’s responsibility
to pull permits. He stated he asked Mr. Huewitt if he was a licensed contractor and he disconnected the call.
Officer Cicio stated he issued a five hundred dollars ($500.00) citation, Citation No. 186 to Ellis Huewitt for engaging in the
business or acting in the capacity of a contractor without being duly registered or certified. He stated he mailed the citation
and citation letter by certified mail which was delivered and signed for on October 16, 2020.
Officer Cicio stated on October 27, 2020, he received a notice to appeal by mail from Mr. Huewitt requesting an administrative
hearing. He stated a Notice to Appear for the December 16, 2020, Contractor Licensing Board was mailed out certified mail,
but was returned. He stated a Notice to Appear before the December 16, 2020, Code Enforcement Board was also posted at
the residential property of Mr. Huewitt. He stated the case was continued until the today’s Contractor Licensing Board and
Staff is requesting that a lien be placed on the real or personal property of Mr. Huewitt if the citation is not paid within (30) thirty
days of this Board meeting.
There was discussion among Staff and the Board regarding the case.
Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30)
days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within
thirty (30) days.
Mr. Langel seconded and the motion carried unanimously.
J. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION
1) Anthony J. Soluri
Qualifier Business Name Type of Contractor
None.
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Chairman Davis stated next on our agenda is waiver of right to a hearing for failure to pay or appeal the citation against Mr.
Anthony J. Soluri. He asked Staff to update the Board on the case.
Officer Cicio addressed the Board and stated for the record he is submitting six (6) photos taken on December 3, 2020, during
an onsite inspection at the property address of 6005 Silver Ok Dr., Fort Pierce, FL. He stated on this date he observed an
asphalt driveway being installed at this address. He stated he contacted Mr. Jim Beams with the St Lucie County Road and
Bridge Department and found that no permit had been applied for or issued for the asphalt driveway apron.
Officer Cicio stated after speaking with the workers on site, he found that Mr. Anthony Joseph Soluri claimed former employee
of HW Road Construction, who had been previously issued three (3) citations for being an unlicensed contractor, contracted
with the property owner to lay this asphalt driveway and the contract is verbal. He stated computer checks revealed that
Anthony Soluri does not have an active company through the Division of Corporations and is acting as a sole proprietor. He
stated he is unlicensed and uninsured.
Officer Cicio stated a citation, Citation No. 192 was issued and served to Mr. Soluri for acting in the capacity of a contractor
without being duly registered or certified. He stated as of January 28, 2021, Citation No. 192 remains unpaid, so a Notice to
Appear before the February 17, 2021, Contractor Licensing Board was sent by certified mail which was delivered and signed
for on February 1, 2021. He stated Staff is requesting that a lien be placed on the real or personal property of Mr. Soluri if the
five hundred dollars ($500.00) citation is not paid within thirty (30) days of this Board meeting.
Chairman Davis asked Officer Cicio if he said that Mr. Soluri had received three (3) prior citations to today’s hearing.
Officer Cicio stated he was an employee of HW Road Construction, which was brought to the Board on two (2) cases, and
they have received three (3) citations last year for being an unlicensed contractor in the County.
Chairman Davis stated ok. He stated not him personally, but he was an employee of that organization.
Officer Cicio stated that is correct.
Chairman Davis if there were any other questions of Staff. He stated if not, if the homeowner or Anthony Soluri is here and
would like to speak, please approach the podium and be sworn in. He stated seeing that neither one is being represented this
morning, he will take it back to the Board.
Mr. Leonard made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days
of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30)
days.
Mr. DiFrancesco seconded and the motion carried unanimously.
I. DISCIPLINARY CASE:
1) David C. Wallace and/or DW Residential LLC
Chairman Davis stated we do have one (1) disciplinary case to be heard this morning against David C. Wallace / DW
Residential LLC. He stated the complaint was filed by Elaine Souza, who is the property owner. He asked staff to update the
Board on the case.
Officer Cicio addressed the Board and stated for the record he is submitting a total of thirteen (13) photos dated September
11, 2019, and two (2) photos dated February 12, 2021. He stated this case was a result of a compliant affidavit submitted by
the property owner, Elaine Souza on August 15, 2019 against the business of DW Residential LLC. He stated on September
11, 2015, a site visit was conducted where he found work being performed under the business of DW Residential LLC.
Officer Cicio stated he spoke to the business owner David Wallace and he confirmed that his company is the contractor on
site. He stated research revealed that no permit had been applied for the remodel project. He stated a stop-work-order was
issued and posted. He stated a five hundred dollars citation, Citation No. 110, was issued to DW Residential LLC and
subsequently paid for in full.
Officer Cicio stated building permit # 1910-0239, for renovation of enclosure, new screen and adding windows on gable end to
enclosure was applied for October 10, 2019. He stated the permit remained in pending status until June 15th of 2020 due to
missing documents as well as not responding to comments. He stated he received a phone call from the property owner, Mr.
Elaine Souza in December of 2020 advising that the permit had expired, and she had no contact from the contractor.
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Officer Cicio stated a computer check confirmed that permit # 1910-0239 had expired on December 15, 2020. He stated
according to the invoices submitted by Ms. Souza minus the additional permit and plan cost, the contracted renovation totals
fourteen thousand five hundred dollars ($14,500.00). He stated Ms. Souza did provide Mr. Wallace several checks. He stated
two (2) checks for a job deposit totaling eight thousand and ten dollars ($8,010.00), two checks for a screen room he built
totaling five thousand and forty dollars ($5,040.00) and an additional six thousand dollars ($6,000.00) paid by checks to Mr.
Wallace for permitting and plan costs. He stated this additional six thousand dollars ($6,000.00) was given to Mr. Wallace after
the stop-work-order was issued. He stated Ms. Souza to date has paid a total of nineteen thousand and fifty dollars
($19,050.00) to David Wallace / DW Residential LLC.
Officer Cicio stated Staff has tried to work with Mr. Wallace on this renovation, but Mr. Wallace does not seem to be willing to
complete the remodel on Ms. Souza’s property. He stated the property remains incomplete leaving Ms. Souza without the full
use of her back porch.
Officer Cicio stated a Notice to Appear before the February 17, 2021, Contractor Licensing Board was mailed certified mail to
the known address of Mr. Wallace as listed on the Division of Corporations and Florida Department of Business and
Professional Regulation.
Officer Cicio stated the following violations were noted:
(1) SLC CCL 10-26: - Prohibited activities:
Sub Section: (9) Commit any willful, fraudulent act as a contractor as a result of which another is financially
injured.
Sub Section: (12) Commence or perform work for which a county building permit is required without obtaining the
appropriate permit.
(2) SLC CCL 10-67: - Revocation or suspension of Certificate of Competency:
Sub Section: (3) Willfully disregards and violates an applicable state or local building code, regulation or law.
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.
Sub Section: (11) Proceeds on any construction job without first obtaining and posting the required county
building permits and scheduling required inspections.
Officer Cicio stated he has left Mr. David Wallace several voice messages but have yet to receive a returned phone call. He
stated Ms. Souza has also left Mr. Wallace voices messages and is yet to receive a returned phone call.
Officer Cicio stated due to lack of response Staff is recommending revoking the certificate of competency and permitting
privileges for new permits only for David C. Wallace/ DW Residential LLC for three hundred and sixty-five (365) days and
forward a copy of the Board’s Order to the Florida Department of Business and Professional Regulation and the surrounding
municipalities. He stated Staff is also requesting that after the revocation period, Mr. Wallace must request to be reinstated
before the Contractor Licensing Board.
Officer Cicio stated Ms. Souza, the property owner is here if the Board has any questions for her.
Chairman Davis stated just to reiterate on the timeline. He stated this is something that the contractor proceeded on, acquired
a permit and that permit was issued to him last summer.
Officer Cicio stated it was June of 2020, yes.
Chairman Davis asked Officer Cicio if any work proceeded after the permit issuance.
Officer Cicio answered no sir, it just expired.
Chairman Davis asked Officer Cicio if it is a six (6) month duration.
Officer Cicio answered that is correct.
Chairman Davis asked the Board if there are any other questions of Staff.
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Mr. Leonard addressed Mr. Cicio and asked if the pictures the Board is seeing now is exactly how it was left when he got on
site, took the pictures, the contractor then came in, procured the permits, and did no additional work after he procured the
permits.
Officer Cicio answered that is correct, it looks exactly the same.
Mr. Leonard stated thank you.
Mr. Zrallack stated he has a question about Staff’s recommendation. He stated the recommendation is to suspend the
permitting privileges for David C. Wallace doing business as DW Residential LLC. He asked Staff who is the licensed
contractor, is David C. Wallace the licensed contractor, or is the company licensed.
Officer Cicio answered David C. Wallace is the licensed contractor.
Mr. Zrallack stated so should the recommendation be David C. Wallace and/or DW Residential LLC. He stated what stops Mr.
Wallace from pulling a permit if it is not under the capacity of DW Residential LLC.
Officer Cicio asked Mr. Zrallack to repeat the question.
Mr. Zrallack stated the way that the recommendation is written, David Wallace doing business as DW Residential LLC will not
be able to pull a permit but could David C. Wallace himself personally pull a permit.
Officer Williams addressed the Board and stated David C. Wallace is the qualifier of DW residential LLC, so if David C.
Wallace comes in and tries to pull a permit under another company, he will not be able to because Staff has put a hold against
David C. Wallace.
Mr. Zrallack stated but it says doing business as. He stated it should be and or.
Chairman Davis stated he agrees. He asked Staff if there is any monetary penalty involved with this recommendation.
Officer Cicio stated the only monetary penalty we had against him was the five hundred dollars ($500.00) citation and that was
pulled, but there is nothing in conjunction with this.
Chairman Davis asked Officer Cicio when the five hundred dollars ($500.00) citation was issued. He asked if the citation was
issued some time back during the previous working through of this issue.
Officer Cicio stated it was some time back. He stated it was last year that the citation was issued and paid.
Chairman Davis stated ok.
Mr. Zrallack asked Officer Cicio if this is his first offence, why is the monetary amount just five hundred dollars ($500.00).
Officer Cicio answered right, this is his first offence.
Mr. DiFrancesco stated he would assume if the homeowner wanted to recoup her money, it would be a civil matter. He asked
Staff if the Board cannot revoke Mr. Wallace’s license because he is a state certified building contractor or if they can revoke
his county certificate of competency that he cannot pull any more permits in St Lucie County.
Officer Cicio answered he thinks the Board can revoke his license where he cannot pull any permits in St Lucie County. He
stated he knows that state has taken a particular interest in this contractor and they are working a case on their end.
Mr. DiFrancesco stated ok. He stated he cannot imagine wanting him to do it to someone else in St Lucie County. He stated
the Board has the jurisdiction in St Lucie County to revoke his license and not just suspend it for three hundred and sixty-five
(365) days. He stated he just wanted to clarify that the Board can revoke it.
Mr. Jerger stated he has a question for Staff. He asked Staff if the Board is voting on the fact that Mr. Wallace pulled the
permit but walked away from the job.
Officer Cicio answered that is correct. He stated he pulled the permit last year, June 15th, did no work and let the permit
expire.
Mr. Jerger stated, and then he got money from the owner.
Officer Cicio stated that is correct. He stated to his understanding, he did not charge that additional six thousand dollars
($6,000.00) until after the stop-work-order was issued. He stated Mr. Wallace went to Ms. Souza after the stop-work-order
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was issued and stated he needed more money now for permitting and plans, so she paid him another check and he walked
away.
Mr. DiFrancesco stated that shows he committed a willful fraudulent act as a contractor.
Officer Cicio stated correct.
Mr. DiFrancesco stated he took a total of nineteen thousand dollars ($19,000.00).
Officer Cicio stated yes, a total of nineteen thousand plus dollars ($19,000).
Chairman Davis asked if there were any other questions of Staff and if not, he will open it up for either the property owner or
the contractor to approach the podium and be sworn in by the Recording Secretary if they are interested in speaking.
Ms. Elaine Souza was sworn in by the Recording Secretary.
Chairman Davis addressed Ms. Souza and stated good morning.
Mr. Souza stated good morning and thanked the Board for their time. She stated this has been going on over two (2) years
and she was told that no permit was needed because it was not changing the configuration of the house. She stated she will
not get into details unless it is needed. She stated from the beginning she had said that a permit was needed, and she was
told it was not. She stated friends have told her that she is too patient, but she believes in accountability. She stated if
someone starts a job, they need to do the job and they need to finish the job and do it right. She stated she does not know
what else to say because it has been a very trying time.
Chairman Davis stated the Board agrees with her and that is why they come and give their time to the community to serve on
this Board is to address these very issues and try to curtail them to a place where they do not happen, but unfortunately, they
do. He stated he appreciates her coming this morning and sharing with them her experience. He stated the Board has seen
the pictures, and she has heard the back and forth between the Board and Staff and she has seen Staff recommendation.
Chairman Davis asked Ms. Souza if there is anything else that she would like to share with the Board.
Ms. Souza stated it was very difficult to get contractors out because it was a small job. She stated she is just going to need
help in proceeding. She stated she knows it will be one step at a time, but if it was considered a small job at the time, she
does not know what it is considered now. She stated she would appreciate any help she could get, and she thanks the Board.
Chairman Davis thanked her for attending the meeting.
There was further discussion among the Board, Staff and Ms. Souza regarding the case.
Chairman Davis asked the Board for a discussion or motion.
Mr. Zrallack made a motion to approve Staff recommendation (with a modification to replace dba with and/or) to
suspend the certificate of competency and permitting privileges (new permits only) for Mr. David C. Wallace dba DW
Residential LLC for a term not to exceed three hundred and sixty-five (365) days and recommend that after the
revocation period, Mr. Wallace 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. Leonard seconded the motion.
Mrs. McCarthy -Taylor stated she had a question. She asked the Board if there is any way Mr. Wallace’s license could be
revoked altogether.
Chairman Davis stated that was also a question that Mr. DiFrancesco had asked, and the answer was yes and is an option
that the Board has today.
Mrs. McCarthy-Taylor stated she would like to recommend that the Board does that. She stated she would like the Board to
revoke the license altogether.
Chairman Davis stated there is a motion and a second, so that is part of the discussion. He stated the Board will be voting on
the motion as it was made and then if that fails, then, there is a second option that has been proposed. He asked for a voice
vote.
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Chairman Davis asked for a roll call vote. Mr. Davis – Yes, Mr. DiFrancesco – No, Mrs. McCarthy-Taylor – No, Mr.
Langel – No, Mr. Jerger – No, Vice Chairman Leonard – Yes, Mr. Pride – No, Mr. Zrallack – Yes. The motion failed.
There were five – No, and three – Yes.
Chairman Davis stated ok, then the Board will go back to discussion. He stated Mrs. McCarthy-Taylor has offered an
alternative suggestion and possibly that is where the Board will pick up. He stated if the Board wants to make an alternative
motion, we will see where it goes.
Mr. Leonard stated he has a question of the Board and Staff. He asked Staff if there is a way the Board can send this case to
the Sheriff’s Department if they have not been contacted already by the homeowner.
Officer Cicio stated the property owner has already been in contact with the Sheriff’s office over this case and a detective has
been assigned.
Mr. Leonard thanked Officer Cicio for the information.
Chairman Dais asked the Board if there were any other discussion or motion to be made.
Mr. DiFrancesco stated he does not feel that suspending Mr. Wallace’s permitting privileges goes far enough. He stated
based on the fact that he did not show up to defend himself or explain himself and face the people that he did the damage to
for nineteen thousand dollars ($19,000.00). He stated he understands that it is going to be civil matter and a long, hard road
for her to get her money back, which she probably will not, but he should not be able to come back to St Lucie County and
continue to do work or do it to somebody else.
Mr. DiFrancesco stated it is just his opinion and that is why he asked if the Board could revoke his license.
Chairman Davis stated he thinks what Staff told the Board and the reason why he voted differently than Mr. DiFrancesco is
that this is the first citation against this particular individual or his business.
Officer Cicio stated that is correct.
Chairman Davis stated he is not trying to understate the severity of what he has done, so he agrees with Mr. Cicio, and that
was the only reason why he had the yes vote and went with the Staff recommendation.
Mr. DiFrancesco stated he would have approved it, had Mr. Wallace been here to explain himself.
Chairman Davis stated ok.
Mr. Zrallack stated he would be hesitant to revoke it without hearing from him, and the way that the recommendation is written,
he will have to appear before us if he wants to be reinstated. He stated he thinks that is a fair recommendation.
Mr. DiFrancesco stated the recommendation says for new permits only.
Mr. Zrallack stated this means he will be suspended for three hundred and sixty-five (365) days, but he has to appear before
us to get reinstated.
Mr. DiFrancesco asked Staff if Mr. Wallace gets his license revoked, what course of action does he have to take to get his
license back to be able to work here in St Lucie County again.
Officer Williams answered he would have to come before the Board to get reinstated.
Officer Cicio stated after the three hundred and sixty-five (365) days has passed, he would have to come back before the
Board and request to be reinstated.
Mr. DiFrancesco stated that is if his license is suspended. He asked Staff what would happen if it were revoked.
Assistant County Attorney, Caroline Valentin addressed the Board stated it is the same thing and would also require the
affirmative of five (5) Board members to be reinstated.
Mr. DiFrancesco asked if the suspension and revocation is the same thing.
Assistant County Attorney, Caroline Valentin stated it sounds like procedurally they would be the same, but revocation is
meant to send a stronger message.
Mr. DiFrancesco stated he is trying to send them a stronger message.
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Mr. Jerger stated he has a question. He asked Staff if the Board could suspend Mr. Wallace’s license until he comes before
the Board and makes a promise to either pay them back their money or do the job and make it right.
Assistant County Attorney, Caroline Valentin answered per our code the suspension can be no more than three hundred and
sixty-five (365) days, and for the revocation he cannot apply to have a certificate of competency until after three hundred and
sixty-five (365) days, but the revocation could exceed past three hundred and sixty-five (365) days.
Mr. Leonard stated so regardless of whether the three hundred and sixty-five (365) days happens or not he still has to come
before this Board to be reinstated.
Assistant County Attorney, Caroline Valentin stated correct.
Mr. Leonard stated thank you ma’am.
Mr. Leonard asked Staff if this contractor has any outstanding permits in St Lucie County or any other projects.
Officer Cicio stated he does. He sated right now he has four (4) issued permits and three (3) pending permits.
Mr. Leonard stated if we suspend his license for all new permits, he will be allowed to continue work on the three (3) permits
that he has been issued and procure the four (4) permits that he currently has pending inside the St Lucie County Building
Department. He stated he believes that is where the Board has a challenge. He stated we are going to allow this contractor
the opportunity to maybe do the exact same thing to seven (7) additional people or projects.
Mr. Leonard stated he personally finds it hard to sit here and allow this contractor to be potential to do this.
Chairman Davis stated he thinks that is answer that Staff would have to give the Board.
There was further discussion among Staff and the Board regarding the case.
Mr. DiFrancesco asked Officer Cicio what contact, if any, has he had with Mr. Wallace.
Officer Cicio stated he has tried to reach out to him on several occasions, he has left voice messages, and he gets nothing
back from him.
Mr. DiFrancesco stated nothing back. He stated he has been sent a letter, so he knows he is getting suspended.
Officer Cicio stated it was sent to him and posted at his address that is on his state license.
Building and Code Regulations Manager, Monica Graziani stated we could have him served with a Sheriff’s deputy.
Mr. DiFrancesco stated so what is going to make us think that he is going to come here and say he is going to be a good boy
after this. He stated he understands that he may or may not have taken fifty percent (50%) before the clients, but he feels like
the Board is kicking the can down the road. He stated in his opinion, he is not coming in, he knows his license is done and we
the Board are just kicking the can down the road.
Mr. DiFrancesco stated the Board can make any motion they want, but he does not see him coming in. He stated Staff has
had no contact with him, so why would he come in.
Chairman Davis stated with the alternative suggestions that he has heard this morning; he does not see that any of them are
going to rescue anyone that he has already charged the fifty percent (50%) deposit on. He stated it is still going to be an issue
regardless of if the Board kicks the can down the road or not.
Chairman Davis stated he does not think they are resolving anything by doing something different than the Staff’s
recommendation. He stated he thinks it needs the caveat that the Board has heard from the head of our Building Department
that is will be specific to the new permits to be pulled that will allow him to finish what he has. He stated he needs to get
locked down on going forward and that new permits will not be issued until the term is served on the suspension. He stated
that is his two cents.
Chairman Davis stated he thinks the Board needs to go with Staff’s recommendation with that particular caveat as
recommended by the head of our Building Department.
Building and Code Regulations Manager, Monica Graziani stated also if that is the recommendation, Staff will immediately
reach out to those homeowners that have permits that are open and not issued yet, these are the applied ones, and let them
know immediately what is going on and the Sheriff’s Department may have to be contacted. She stated Officer Cicio works
very closely with their investigators and we hope for the best.
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Mr. DiFrancesco stated he thinks the people that may or may not have put a deposit down need to be made aware
immediately, to not have any more contact with him unless he is there to hand them a check back. He stated he does not
think the Board should beg him to come in.
Chairman Davis stated he agrees, this is his special day and he missed it. He stated that is his opinion. He stated he has
already kissed that one goodbye.
Mr. Leonard stated our Building Official would like to speak.
Building Official, Douglas Harvey addressed the Board and stated he apologizes for the intrusion. He stated he is trying to
listen to all the conversations going on. He stated if one of the goals is to get him in front of the Board for an explanation, and
if part of that motion could be that we are prohibited from issuing new permits without Board approval, then he could appear in
front of the Board to request permission for Staff to issue those permits. He stated it is just a thought.
Mr. DiFrancesco stated he is still here to be punished for what he did to those people right there.
Building Official, Douglas Harvey stated agreed.
Mr. DiFrancesco stated his punishment should not be to come in, explain to the Board why and maybe will let him go. He
stated he should be punished for what he did to the customers. He stated that is why he should be here.
Mrs. McCarthy-Taylor stated she agrees.
Mr. DiFrancesco stated for the Board to keep kicking the can down the road for him to come in, no, this is his day. He stated
that is his opinion.
Chairman Davis asked the Board if there were any other discussions. There being none, he asked for a revised motion. He
then asked for clarification from Staff regarding the motion. He asked if there was already a motion and a second.
The Recording Secretary stated there was a motion and a second, but the motion failed.
Chairman Davis stated he needed a reminder.
Mr. Leonard made a motion to suspend permitting privileges on all non-issued permits for David C. Wallace and/or
DW Residential LLC for a term not to exceed three hundred and sixty-five (365) days and recommend that after the
suspension period, Mr. Wallace must request to be reinstated before the Contractor Licensing Board as well as a
letter sent to all issued permits homeowners and permits applied for homeowners. 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.
Mrs. McCarthy-Taylor seconded the motion.
Chairman Davis stated there is a motion and a second and he would like to open it up for discussion. He stated the Building
Official would like to speak.
Building Official, Douglas Harvey stated just for clarity, he wants to make sure that he understands the motion correctly. He
asked the Board if Staff is permitted to perform inspections on the issued permits in order to keep them moving forward or are
they prohibited on that as well.
Mr. Leonard addressed Building Official, Douglas Harvey and stated Staff is permitted to do inspections on issued permits.
Building Official, Douglas Harvey thanked him for the clarification.
Mr. Zrallack made a request for the motion to be read again.
Chairman Davis stated there is a motion and a second and the homeowner would also like to speak, so the Board will allow
that during this conversation before the Board goes to vote. He asked the homeowner to be sworn in by the Recording
Secretary.
Ms. Paul A. Carboni was sworn in by the Recording Secretary.
Mr. Carboni addressed the Board and stated he is not the homeowner; he is just a close friend of Ms. Souza. He stated with
all of this going on, nothing is going to affect her. He stated she is out in the cold.
There was further discussion among Staff, Mr. Carboni and the Board regarding the case.
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Mr. Zrallack stated he had a question for Building Official, Douglas Harvey. He asked Mr. Harvey if Mr. Wallace tries to renew
his permit with the current wording of the recommendation, would that be considered a new permit or would that be considered
current.
Building Official, Douglas Harvey addressed Mr. Zrallack and asked him for a minute to review the records. He then asked
Officer Cicio for the expiration date and permit number.
Officer Cicio answered Permit # 1910-0239 expired on December 15th, 2020.
Building Official, Douglas Harvey stated that permit could be renewed within six (6) months. He stated up until June 15th it
could be considered a renewal of that permit. He stated after June 15th that permit becomes non-renewable and there would
have to be a new permit.
Mr. Zrallack asked if the Board needs to amend the recommendation to include renewal permits.
Mr. DiFrancesco stated so that permit sat in the Building Department waiting to be picked up for six (6) months, correct.
Building Official, Douglas Harvey stated no sir, the permit was actually issued in June, it was issued on June 15th of 2020, so it
expired on December 15, 2020. He stated it was not sitting in the Building Department, it was issued.
Mr. DiFrancesco stated so it was issued, it is just that he did not pick it up. He stated he did not call for any inspection.
Building Official, Douglas Harvey stated we had an inspection. He stated there were three (3) inspections that were recorded,
and all three (3) inspections failed. He stated they were all disapproved with a request for the contractor to meet the inspector
on site because work was not visible, things had been covered up and there was no way to tell what had been done or how it
had been done.
Mr. DiFrancesco stated and that is when we lost all contact with him.
Building Official, Douglas Harvey stated yes sir.
Mr. DiFrancesco asked Building Official, Douglas Harvey when the last inspection was.
Building Official, Douglas Harvey stated the last inspection was on July 15th of 2020.
Mr. DiFrancesco stated July 15, 2020.
Building Official, Douglas Harvey stated yes sir.
Mr. DiFrancesco stated he rests his case.
Chairman Davis stated there was a motion and a second and the Board has had continuing discussions. He asked the Board
if there were any other discussions or questions. He asked if everyone understands the motion.
Building and Code Regulations Manager, Monica Graziani asked the Board if she could summarize the motion just to make
sure everyone is on the same page. She stated the summary as follows:
(1) Suspend license for three hundred and sixty-five (365) days.
(2) Must appear before the Board to be reinstated.
(3) We will not issue applied permits.
(4) We will continue to do inspections on issued permits.
(5) We will send a letter to all permittees including applied and issued permits.
(6) We will let them know the action of this Board.
(7) We will also send a letter and the Board’s Order to Department of Business and Professional Regulation and
surrounding municipalities.
(8) Ms. Souza’s permit may be renewed one time which would expire in June.
Building and Code Regulations Manager, Monica Graziani stated that is what she has so far on the motion.
Mr. Zrallack stated he does not believe that was the actual statement from Mr. Leonard. He asked Mr. Leonard if that is
correct.
Mr. Leonard stated everything she said was correct except Mr. Souza’s permit. He stated with respect to that, as far as he is
concerned, that comes under certain things that he did not want to place on a specific permit. He stated everything else is
correct but that one.
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Building and Code Regulations Manager, Monica Graziani stated that is fine. She stated Staff will drop that part.
Mr. DiFrancesco stated for his understanding one more time, Staff is going to send the findings to the State and the local
municipalities.
Building and Code Regulations Manager, Monica Graziani stated that is the norm.
Mr. Leonard stated as well as a letter sent to all permitted homeowners and applied for homeowners.
Mr. DiFrancesco stated yes.
Building and Code Regulations Manager, Monica Graziani stated that is the most important one.
Mr. Zrallack stated if the Board strikes that section because it no longer addresses renewals.
Building and Code Regulations Manager, Monica Graziani stated she struck that section.
Mr. Zrallack stated so the Board needs to restate or vote on it with renewal included.
Mr. Leonard stated he does not want the renewal included with respect to that.
Building and Code Regulations Manager, Monica Graziani stated ok.
Mr. Leonard stated he has no problem allowing existing inspections to occur; however, he does not want permits being
renewed without Mr. Wallace coming in front of this Board.
Building and Code Regulations Manager, Monica Graziani stated he needs the Board approval.
Chairman Davis asked if the motion and second can stand. He stated is it understood. He asked if there were any further
discussions or questions. There being none, he asked for a voice vote.
Chairman Davis asked for a roll call vote. Mr. Davis – Yes, Mr. DiFrancesco – Yes, Mrs. McCarthy-Taylor – Yes, Mr.
Langel – Yes, Mr. Jerger – Yes, Vice Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Zrallack – Yes. The motion carried
unanimously.
Chairman Davis stated that was unanimous. He stated he hopes everyone is satisfied with that. He stated he hopes the
homeowner is also satisfied with that. He stated the homeowner still has her issues, she is not fully resolved nor could she be
by this Board, but this is the best the Board can do for her and hopefully it is a safeguard against this on others perpetuating
this crime against others. He stated he apologizes that this has happened.
He stated the balance of the agenda shows that there is no old business.
J. OLD BUSINESS: None.
K. NEW BUSINESS: Contractor Licensing Annual Report for the 2020 Calendar Year.
This item was moved to the next meeting.
ADJOURNMENT: The meeting was adjourned at 10:02 a.m.
The next Contractor Examining Board Hearing will be held on WEDNESDAY, April 21, 2021 AT 8:30 A.M.
Respectfully submitted,
------------------------------------------------
Dan Zrallack, Board Secretary
Or
Doug Davis, Chairman