HomeMy WebLinkAboutMinutes 04.21.2021
Contractor Licensing Board Minutes – Draft
April 21, 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 Michael Pride was excused. C. APPROVAL OF MINUTES: February 17, 2021 Contractor Examining Licensing Board Meeting Mr. Davis addressed Vice Chairman Leonard and stated he noticed that the introduction of the minutes reflects that he was absent on the cover page. He stated he thinks that needs to be corrected. Vice Chairman Leonard stated he noticed that as well and thanked Mr. Davis. Motion was made by Mr. Zrallack to approve the Minutes of the February 21, 2021 meeting with the corrections. Mr. Davis seconded the motion and the motion carried unanimously. D. SUNSHINE LAWS DISCUSSION: Brief discussion on Sunshine Laws (Katherine Barbieri) Assistant County Attorney, Katherine Barbieri addressed the Board and stated it is that time of year when we do a five (5) minutes reminder to you that this is a Sunshine Law Board which means everything the Board members do has to be done in the public. She stated we do this with all our Boards, so it is not that somebody here has done something that has caused her to do this.
Chairman.…………………………..................................................................... Doug Davis
Vice Chairman………………………………………………………………………. Travis Leonard
………………………………………………………………………………………… Michael DiFrancesco
………………………………………………………………………………………… Tony Jerger
Secretary…………...………………………………………………………………… Dan Zrallack
………………...……………………………………………………………………… Chris Langel
……………………………………………………………………………………….... Sheila McCarthy-Taylor
…..…………………………………………………………………………………….. Michael Pride
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Assistant County Attorney, Kathrine Barbieri stated anything that could possibly come before this Board can only be discussed by the members of the Board in the sunshine, which means publicly meeting like this. She stated so if you go to cocktail parties and see each other, you can talk about your kids, other work issues, but nothing that could possibly come before this Board. Assistant County Attorney, Katherine Barbieri stated she would also like to remind the Board members that nowadays talking is not just you and I having a conversation. She stated it is Facebook, it is text messages, it is emails, it is twitter and she does not know what else is out there because she does not do social media. She stated so if you are on Facebook and you are ranting about something that could come before this Board and then one other Board member joins into the conversation because they are also upset about that situation, that is considered a conversation you are having outside the sunshine. Assistant County Attorney, Katherine Barbieri stated please refrain from doing that if you watch each other’s Facebook page or anything like that. She asked the Board if they had any questions, or this will be her reminder. Vice Chairman Leonard thanked Assistant County Attorney, Katherine Barbieri. 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. Langel 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. Langel to approve the applicants recommended by Reciprocity vote. Mr. DiFrancesco seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor Eric T. Willenberg WW Vision LLC dba Willenberg Construction & Development Paving 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.
Nuno O. Carniero East Coast Xtreme Pavers Inc. Interlocking Paver Blocks Contractor
Adam R. Palma Bitchin Kitchenz Inc. Finish Trim Carpentry Contractor
Thomas W. Tinglen Jr. TWS Enterprises LLC dba T.W.S Painting Painting Contractor
Brandon L. Gutierrez Straight City Painting LLC Painting Contractor
Justin C. Abercrombie Abercrombie’s Land Services LLC Land Clearing Contractor
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD:
Vice Chairman Leonard stated coming up next on the agenda is the application that is recommended for review by the Board. Officer Williams addressed the Board and stated Mr. Ramoutar could not make it this morning, so he is removed from the agenda. She stated that is the very first one and the second one he is appearing virtually. Vice Chairman Leonard addressed Mr. Rosenberg and stated good morning. Mr. Rosenberg stated good morning. Vice Chairman Leonard thanked Mr. Rosenberg for appearing virtually. Mr. Rosenberg was sworn in by the Recording Secretary. Vice Chairman Leonard stated Mr. Rosenberg is asking for Reciprocity from Broward County for a Tile and Marble and a Finish Carpentry license. He stated he has read and reviewed everything, and he has read that he has a lot of letters saying he is honest and has integrity and good character. He asked the Board if they had any questions of Mr. Rosenberg. Mr. DiFrancesco stated yes, he does. He stated the question the Board is having with Mr. Rosenberg’s credit report. He stated it shows quite a few tax liens from New York, but it also shows a civil case that is open in New York. He asked Mr. Rosenberg to shed some light on that case. He asked him if that is still an open case or if it is closed. Mr. Rosenberg stated the case is closed. He stated someone sued the company in small claims court for a very small amount of money and they resolved the case immediately before it even has any type of hearing or anything. He stated the case is closed. He stated he does not know why it is still showing up as open or however it shows up there. He stated the case has been resolved several years ago. Mr. DiFrancesco sked Mr. Rosenberg what he was being sued for. Mr. Rosenberg stated he stated he does not know off the top of his head. He stated it was someone requesting the return of their deposit that they were not entitled to. Mr. DiFrancesco stated it had nothing to do with your work. Mr. Rosenberg stated no. Vice Chairman Leonard stated one of the we try to do her in St Lucie County is not only allow for licensure, but to protect the industry as well. He stated he hopes he appreciates some the questions that are asked of him from the Board coming into St Lucie County. He stated his licensure is good, he passed his exams, and he wants to be licensed in St Lucie County. Mr. Rosenberg stated yes. He stated there are two (2) applications to be approved for reciprocity from Broward County, they are tile and marble and the finish trim carpentry. He stated if the Board has questions for either one, he is happy to answer them. Vice Chairman Leonard asked the Board if they have any other questions for Mr. Rosenberg.
Qualifier Business Name Type of Contractor
James H. Sutchliffe All-Around Enclosures and Fencing Inc. Fence Contractor
John P. Bouris JB Carpentry 4U Inc. Carpentry Contractor
Mariano Berman TB Square Investment LLC dba Treasure Coast Aluminum Aluminum W/Concrete Contractor
Bruce Buwalda Buwalda’s Concrete Inc. Concrete Contractor
Qualifier Business Name Type of Contractor
Dhanraj D. Ramoutar Tech Insulation & Supplies LLC Insulation Contractor
Zachary D. Rosenberg National Floors Direct Inc. Finish Trim Carpentry Contractor
Zachary D. Rosenberg National Floors Direct Inc. Tile and Marble Contractor
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Mr. DiFrancesco asked Mr. Rosenberg what the name of his company is. Mr. Rosenberg stated the company is called National Floors Direct Inc. Mr. DiFrancesco stated National Floors Direct. Mr. Rosenberg answered yes. Mr. DiFrancesco asked if he will be selling and installing. Mr. Rosenberg stated yes. Mr. DiFrancesco stated Mr. Rosenberg got some good scores on his test. He stated he would like to see the million dollars check he wrote for a tax lien. Mr. Rosenberg stated it was a dispute, he does not remember explicitly how it was resolved, but it was the result of a dispute. He stated collecting and remitting sales tax versus used tax and it was put on there to force their hands in a manner of speaking. He stated he does not believe they paid them that amount of money, but at some point, they agreed that his company was doing everything that needed to be done to resolve the issue and they released the tax liens that was put on them. Vice Chairman Leonard asked the Board if they have any other questions for Mr. Rosenberg. Mr. Davis asked Staff if their concern is specific to his financial standing and an outstanding court case. He asked if those are the two concerns. Office Williams addressed the Board and stated Staff’s concern was based on Section 10-59, which states applicant possesses a reputation of honesty, integrity, and good character. She stated Staff brought him before the Board to talk to him and see if based on his tax lien if the Board believes that he possesses honesty, integrity, and good character. Vice Chairman Leonard stated he believes that one of the questions Mr. DiFrancesco had asked him about the civil case and had said that he had covered that already and with respect to the tax liens and so on and so forth. Vice Chairman Leonard asked Staff if the Board needs to make to separate motions for each license or if should it be combined in one motion. Officer Williams answered it is two (2) different license numbers, so it will need two different votes. Vice Chairman Leonard stated ok, thank you. There was further discussion among the Board, Staff and Mr. Rosenberg regarding the applications. Mr. Davis made to approve the applicant to reciprocate his Finish Trim Carpentry Contractor license from Broward County to St Lucie County. Mr. DiFrancesco seconded the motion. Vice Chairman Leonard 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 – No, Mr. Zrallack – Yes, Mr. Parker - Yes. Mr. Leonard opposed, and the motion carried. Mr. Davis made to approve the applicant to reciprocate his Tile and Marble Contractor license from Broward County to St. Lucie County. Mrs. McCarthy-Taylor seconded the motion. Vice Chairman Leonard 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 – No, Mr. Zrallack – Yes, Mr. Parker - Yes. Mr. Leonard opposed, and the motion carried. Vice Chairman Leonard thanked Mr. Rosenberg for being at the meeting. He stated Congratulation, you are now licensed in St Lucie County for Finish Trim Carpentry and Tile Marble Contractor and wished him the best of luck. Mr. Rosenberg stated thank you for your time.
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I. CITATION APPEAL 1) Eugene F. Santoro dba Coastal Development Corporation Vice Chairman Leonard stated up next on the agenda is a citation appeal for Mr. Eugene F. Santoro dba Coastal Development Corporation. He asked if Mr. Santoro was present and would like to speak to come up to the podium to be sworn in by the Recording Secretary. He stated he believes legal counsel, Attorney Roy Mildner, is here to represent Mr. Santoro. Attorney, Roy T. Mildner introduced himself to the Board and stated he is here on behalf of Eugene F. Santoro and Coastal Development Corporation. He stated this is Mr. Elliott, who is the President of Coastal Development. Vice Chairman Leonard thanked Mr. Elliott for being at the meeting. Mr. Nicholas Elliott was sworn in by the Recording Secretary. Vice Chairman Leonard asked Officer Cicio to bring the Board up to speed on the citation case. Officer Cicio addressed the Board and stated this case was brought to the December 16, 2020, Contractor Licensing Board, which resulted in the Board continuing the case. He stated for the record he is resubmitting nineteen (19) photos taken on September 21, 2020, during an on-site inspection of the property address of 10410 S Ocean Dr. Unit 809, Jensen Beach, FL. Officer Cicio stated access to the property was granted by maintenance staff as the property was vacant. He stated the property was found to be under full remodel, which included demolition, electrical, plumbing and mechanical. He stated he met with Ms. Cassie Gilson, Property Manager of the Island Club of Hutchinson Island and she provided him documentation which indicated that Nicholas Elliott with Coastal Development Corporation was the contractor onsite. Officer Cicio stated information received included a renovation request form from Island Club of Hutchinson Island which was signed by both the property owner and Nick Elliott, as well as a letter from Coastal Development Corporation signed by Nicholas Elliott to Cassie Gilson stating they will be installing a new drop-down ceiling in the entry way and living room. He stated this letter was dated August 20, 2020 and encompassed some of the work being performed. Officer Cicio stated other documentation provided by the Island Club management included the scope of work to be performed by Coastal Development Corporation which included demo and replacement of two (2) bathrooms, removal of a wall in the kitchen and ceiling and the main entry, kitchen, and living room to be removed and reframed. Officer Cicio stated computer checks revealed that Coastal Development Corporation is an active company with the owners listed to be Eugene F. Santoro and Nicholas Elliott. He stated according to the DBPR database Eugene F. Santoro is an active qualifier for the company and his state license is active. He stated our database reveal the certificate of competency for Eugene F. Santoro is dormant. Officer Cicio stated he contacted Mr. Elliott on September 21, 2020, and he inquired about the remodel, and he stated his company only replacing floors, kitchen cabinets, bathroom vanities and painting. He stated he inquired about a letter received from the property manager and Mr. Elliott stated that he did not know what he was signing at that time. He stated he issued a five hundred dollars ($500.00) citation, Citation No. 179 to Coastal Development Corporation, Mr. Eugene Epstein Santoro for proceeding on any jobsite without first obtaining a local building permit. Officer Cicio stated the citation and citation letter was mailed, which was delivered and signed for on September 25, 2020. He stated he received a citation appeal letter by mail and email, so a Notice to Appear before the October 21, 2020, Contractor Licensing Board was sent certified mail which was delivered and signed for October 9th. He stated a copy was also emailed to Mr. Elliott. He stated a request for a continuance was received which resulted in the Board electing to continue the case until the December 16, 2020, Contractor Licensing Board. Officer Cicio stated he did receive contracts from the property owner, Mr. Scott Baldwin on December 8, 2020, from Coastal Flooring LLC totaling ninety-six thousand seven hundred and seventy-six dollars ($96,776.00). He stated he also received proposals and invoices listing subcontractors both licensed and unlicensed to work on this property. He stated this information is currently under investigation. He stated according to Mr. Baldwin his agreement with Mr. Elliott was for a turnkey property. Officer Cicio stated Staff is recommending that a lien be placed on the real or personal property of Mr. Santoro if the citation is not paid within thirty (30) days. He stated for the Board’s knowledge, the property owner is here to testify, if the Board has any
questions for him. Attorney, Roy T. Mildner addressed the Board and stated in summation to that response, whether it is ninety-six thousand dollars ($96,000) or not, we have four (4) contracts with the owner, and he can testify here with regards to that. He stated those contracts are for granite, countertops, flooring, and window treatments. He stated those are our contracts for the work
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and scope of work done. He stated we have been in business for over a decade, and he has represented Mr. Santoro for over thirty (30) years. Attorney, Roy T. Mildner stated we are now dealing with the association, and they are saying that work that was supposed to be done at this residence was all of those things as indicated. He stated were they within the scope of our contractual obligations with Mr. Baldwin, no they were not. He stated Mr. Baldwin entered into three (3) different other contracts with other contractors, the electrician, Treasure Coast Electric, John Webb Interiors, who is doing the drywall and Ted Plumbing. He stated whether they were licensed or not, he is not positive. He stated they did not work though us. Attorney, Roy T. Mildner stated Mr. Baldwin can tell us otherwise that he entered into contracts with these other companies to do those respective scope of work. He stated our scope of work is simply very detailed. He stated he has extra copies of the contracts from Coastal Flooring LLC for their scope of work. Vice Chairman Leonard stated if extra copies were brought, he would love for them to be distributed to the Board please. Attorney, Roy T. Mildner stated he was informed he left off cabinets. He stated so were doing kitchen cabinets, granite counter tops, tile floor and window treatments, four aspects and scopes of work. He stated those were in those contracts signed by the homeowner. He stated it is his understanding and belief that the homeowner entered into a contract with the drywaller, John Webb Interiors, electrician, Treasure Coast Electric, and Ted’s Plumbing directly as far as the plumbing needs that were needed for this property. Vice Chairman stated with due respect, the Board can only go off what is in front of us right now and Mr. Santoro is before the Board for not obtaining a permit for what he was contracted to do. He stated he did not obtain a local building permit before starting the work on this project. Attorney, Roy T. Mildner stated the work that they were hired to do and was done does not require a permit. He stated pulling out cabinets does not require a permit. He stated it is his understanding that it does not require a permit. Vice Chairman Leonard stated what he is saying with respect to the other trades that he is talking about, the Board can only talk about what is in front of them and what Mr. Santoro was contracted to do. Attorney, Roy T. Mildner yes. He stated they were not contracted to ever do any plumbing work, electrical work, or drywall. Vice Chairman Leonard stated he understands that. He asked the building owner to come to the podium and be sworn in by the Recording Secretary. Mr. Jonathan Scott Baldwin was sworn in by the Recording Secretary. Vice Chairman Leonard thanked Mr. Baldwin for being at the meeting.
Attorney, Roy T. Mildner addressed Mr. Baldwin and asked if he entered into a separate contract with Treasure Coast Electric. Mr. Baldwin stated as far as he knows, it was through Coastal. Attorney, Roy T. Mildner asked Mr. Baldwin If he entered into an electrical contract. Mr. Baldwin stated yes, a contract that was brought to him by Mr. Santoro’s assistant. Attorney, Roy T. Mildner asked Mr. Baldwin again If he entered into an electrical contract. Mr. Baldwin answered yes, with a contractor that he assumed worked for him. Attorney, Roy T. Mildner asked Mr. Baldwin if he remembers writing a check for one thousand dollars ($1000) to Ted’s Plumbing for a deposit. Mr. Baldwin answered yes, he believes so. Vice Chairman Leonard addressed Mr. Baldwin and asked if he met directly with the subcontractors or if Mr. Santoro’s Company acted as an agent for the subcontractors. Mr. Baldwin stated they were agents for the electrical and all the other things. He stated the plumber was through someone else. Vice Chairman Leonard stated so you (Mr. Baldwin) had no dealings with any of the subcontractors directly other than Coastal acting as his contact.
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Mr. Baldwin stated he wanted an umbrella thing, and he went into the contract on that basis. He stated they apparently did not have someone to do the tear-out and the drywall. He stated Mr. Santoro’s assistant found the drywall contractor, which she found on the internet and that was how that contractor became a part of this. Vice Chairman Leonard stated so as you stated you basically entered into a contract with Coastal Development for a turnkey project. Mr. Baldwin stated initially, yes. Vice Chairman Leonard stated thank you. Attorney, Roy T. Mildner asked Mr. Baldwin if he has anything in writing other than those contracts that says what the scope of their work was. He asked Mr. Baldwin if he paid Coastal Floors for any electrical work. There was further discussion among the Board, Staff and Mr. Baldwin regarding the case. Vice Chairman Leonard stated the question that the before has in front of them is whether or not you Coastal Development did work without obtaining a permit. He stated if Coastal Development acted as a general contractor or did not act as a general contractor, the question in front of the Board is if the job was started without a permit for a task that requires a permit. He stated that is what is in front of the Board now. Vice Chairman Leonard asked if the Board had any other questions. Mr. Davis stated Staff will have to correct him, but he thinks the way it is coming across is that the task that Coastal has undertaken did not require a permit. He stated is that correct. Mr. Zrallack stated he agrees. He stated maybe the Board could ask Staff after hearing all this, what their opinion is on this matter. Mr. Davis stated this goes back to his question. He stated there is not a single source responsible party involved in this. He stated this is a free-for-all and that is where the problem lies. He stated the way he sees it is, if in fact the tasks by contract with Coastal do not require a permit then this gentleman is not liable for anything, because he has not acted as a general contractor. He stated he has stepped up and maybe represented himself in some fashion that way to the owner, and made recommendations, but by contract he is not that position. Vice Chairman Leonard thanked Mr. Davis for his comment. He asked Building Official, Douglas Harvey to refresh the Board memory on a question that Mr. DiFrancesco had on the removal of the knee wall and if that should have required a permit. Building Official, Doug Harvey stated yes sir. Mr. Zrallack stated but the Board does not know who removed it. Vice Chairman Leonard stated that is a great question. He stated who removed the knee wall. Mr. Elliott stated the drywall contractor did. Vice Chairman Leonard stated Mr. Davis hit the nail on the head, it is a free-for-all. Mr. Zrallack stated can the Board ask Staff what their opinion is after hearing the testimonies. Officer Cicio stated he is still inquiring about this letter that was signed by Coastal Development Corporation letter that was signed by Mr. Elliott. He stated his though process is that he represented himself as the contractor to not only to the Association, but also Mr. Baldwin. He stated after numerous conversations with Mr. Baldwin, that is what he said. He stated he said he expected a turnkey property and Coastal development Corporation was represented. Officer Cicio stated Coastal Development Corporation in his opinion produced these people to Mr. Baldwin to pay, but again there is no contractual proof that points the finger at him so to speak. Mr. Davis stated he thinks Staff would be proper to take this up into consideration how these projects get permitted and overseen in the future because the piecemeal aspect of this is what causes it to go array. He stated there is no person that is coordinating this. He stated you can tell that this homeowner does not have the weir within himself to understand what it is to do the complexity of his project and he cannot answer the Board’s questions, so when it is piecemealed like this, it happens, however, It is going to happen and usually that is not well. Mr. Davis stated he does not see that the Board has an issue with Coastal and that is his personal opinion from what he is hearing right now.
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Vice Chairman Leonard thanked Mr. Davis for his comment. Assistant County Attorney, Katherine Barbieri addressed the Board and stated she is not sure which minutes she is looking at, but she believes it the minutes from the last meeting the case was heard. The Recording Secretary confirmed the meeting minutes is from the December 16, 2020, Contractor Licensing Board meeting. Assistant County Attorney, Katherine Barbieri asked the Board to turn to page six (6) of the minutes. She stated there is a section about the knee wall. She read from the minutes and stated “Mr DiFrancesco asked Mr. Elliott if the removal of the kitchen wall was done by his subcontractors. Mr. Elliott stated the removal of what wall. Mr. DiFrancesco stated the removal of the wall in the kitchen. Mr. Elliott stated there is probably a knee wall attached to the cabinets. He stated at the end of the cabinet run, there is usually a little wall called the knee wall. He stated that was removed with the cabinets. Mr. DiFrancesco asked Mr. Elliott if this was in the kitchen. Mr. Elliott answered yes, this was in the kitchen. Mr. DiFrancesco stated so there was demo done by your subcontractors. Mr. Elliott stated yes.” Assistant County Attorney, Katherine Barbieri stated she just wanted the Board to be aware of what was said before the Board makes a decision. Vice Chairman Leonard thanked Assistant County Attorney, Katherine Barbieri for bringing it to their attention. He stated it has been a long time since the meeting. Assistant County Attorney, Katherine Barbieri stated the minutes are very extensive and there may be other items that the Board may want to review before they make a decision. Vice Chairman Leonard addressed Mr. Elliott and stated we do have a sworn statement of you saying that the cabinets were attached to the knee wall and you in fact removed that knee wall. Mr. Elliott stated in Mr. Baldwin’s unit, there was not a construction wall. He stated it was part of the cabinets. He stated at the end there was a filler and a panel, and it was the end of the cabinet run. He stated yes, they removed that. He stated there was no drywall petitioning removed by them. Vice Chairman Leonard stated thank you. He stated he has no further questions and asked if the Board has any other questions. He stated with no further questions, he would entertain a motion. Mr. Davis made a motion to disapprove staff’s recommendation to uphold the $500.00 citation fee. Mr. Zrallack and the motion. Vice Chairman Leonard asked the Board if they had any discussions or comments. He stated he would like to say something. He stated he believes this a huge gray area that believes need to be looked at by Staff and by the County. He stated he thinks this is something that people are going to obfuscate around their responsibilities, and we can clearly see this. He stated the Board has spent countless hours not only here in these meetings, but also countless hours reviewing these notes and countless hours looking through everything to get to this point. Mr. DiFrancesco stated he has one more question for the Building Official. He asked the Building Official if a permit is needed if he wants to demo a bathroom and remove the shower walls. Building Official, Douglas Harvey answered that would require a permit and we would ask for a layout and there are materials that have to be used if it is a shower, then there is a pan that has to be water tested, there are potential fire ratings of the through penetration on the drains especially if they are being moved, then there are complications for that. He stated the walls themselves would depend on if it is connecting to a fire rated wall or if it is all interior rated walls. He stated he would ask for a plan so it could be evaluated. Mr. DiFrancesco stated ok sir. He stated if the citation appeal for April 21,2021 at the back of the fifth page, it states Coastal Development removal and replacement: demo and replacement of two (2) bathrooms; tub, shower doors, wall tile, toilet paper holders, medicine cabinets, mirrors, toilets, remove baseboard, 18’ linen closet. Cap of plumbing for plumber, both will be showers and drains for toilets and showers staying the same. He stated he just cannot help to keep thinking that there should have been a permit on this job. He stated that is what we are here for. Mr. Elliott stated the plumber did all that work. Mr. DiFrancesco stated it says in your contract that you are going to do it for the plumber. Mr. Elliott stated no, but the plumber was hired by the owner, and he did all the work. He stated we did not do any plumbing. He stated the only thing they did in the bathroom was remove tile and put new tile back on the walls.
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There was further discussion among the Board, Staff, Mr. Elliott, and Mr. Baldwin regarding the case. Vice Chairman Leonard stated he believes that this is definitely a technicality where Mr. Santoro acted as a general contractor. He stated he believes he acted to take care of the entire project and then obfuscated that telling the homeowner that he had a contract directly with each and every contractor, whether they were licensed or not, in this case they were licensed, but he believes that was the case. He stated but unfortunately that is not what is in front of the Board right now. He stated what is in front of us right now is a first and a second, and if there is no further discussion, he would like to call for a voice vote. Vice Chairman Leonard asked for a roll call vote. Mr. Davis – Yes, Mr. DiFrancesco – No, Mrs. McCarthy-Taylor – No, Mr. Langel – Yes, Mr. Jerger – No, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Parker – Yes. The motion carried. There were five – Yes, and three – No. I. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 1) Dwayne Phillips and/or D.J.P General Contractor Services Vice Chairman Leonard asked Officer Cicio to present the case on Dwayne Phillips and/or D.J.P General Contractor Services. Officer Cicio addressed the Board and stated that case was abated. He stated the citation was paid and the case is closed. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 2) Scott Barber and/or Scott’s Screen & Construction Inc. Vice Chairman Leonard stated next we have Mr. Scott Barber and/or Scott’s Screens and Construction and it looks like we have seen this before. He asked Officer Cicio to present the case to the Board. Officer Cicio addressed the Board and stated for the record he is submitting seventeen (17) photos taken on March 1, 2021, during a site inspection at the property address of 8063 Kiawah Trace, Port St Lucie, FL. He stated during his inspection he found Mr. Scott Barber with Scott’s Screen & Construction Inc. on site installing new screen doors, new kick plate including cross beams, new guttering and a new screening on a rare pool cage. Officer Cicio stated during his interview with Mr. Barber he stated that permits were not required for the work being done as it was non-structural. He also stated that he believed that since the contractor with property owner prior to his license being suspended in St Lucie County he would not be able to do this work. Officer Cicio stated our database revealed that the contractor license for Mr. Barber, Aluminum w/out Concrete, Certification No. 30673 was suspended on October 21, 2020, for a period of one year by this Board for a previous case. He stated pictures
of the job were reviewed by the permitting Department on March 2, 2021, who confirmed that a permit was required for the scope of work being performed. He stated he spoke to Mr. Barber and notified him of his findings and informed him that he would be issuing a one thousand dollars ($1,000.00) citation, second offense, for engaging the business or acting in the capacity of a contractor without being duly registered or certified. Officer Cicio stated a one thousand dollars ($1,000.00) citation, Citation No. 210, and a citation letter was mailed to Mr. Barber which was delivered and signed for on March 9, 2021. He stated the citation was unpaid and uncontested, so a Notice to Appear before the April 21, 2021, Contractor Licensing Board was mailed out certified mail, which was delivered and signed for on April 12, 2021, at Mr. Barber’s place of business and on April 9, 2021, at his home residence. He stated copies were also posted at both locations on April 7, 2021. Officer Cicio stated Staff is recommending that a lien be placed on the real or personal property of Mr. Barber if the citation is not paid within thirty (30) days. Vice Chairman Leonard asked Officer Cicio if when to Kiawah Trace on the property if a permit was pulled for the screen enclosure. Officer Cicio answered no sir. Vice Chairman Leonard stated at that time Mr. Barber stated that a permit was not required for the work he was performing. Officer Cicio stated correct, he stated it was non-structural and believed a permit was not required for it. There was discussion among the Board, Staff and Mr. Barber regarding the citation.
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Mr. Zrallack made a motion to approve staff’s recommendation of $1000.00 citation fee to be paid within seven (7) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within seven (7) days. Mr. Parker seconded and the motion carried unanimously. Vice Chairman Leonard 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. Zrallack – Yes, Mr. Parker – Yes. The motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 3) Evert I. Coto and/or Zion Hardscape Corp. Vice Chairman Leonard asked Officer Cicio to present the case on Evert I. Coto and/or Zion Hardscapes Corp. Officer Cicio addressed the Board and stated that case was abated. He stated the citation was paid and the case is closed. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION 4) John Webb and/or John Web Interiors Inc. Officer Cicio addressed the Board and stated for the record he is submitting sixteen (16) photos taken on September 21, 2020, during an onsite inspection at the property address 10410 S Ocean Dr. Lot 809, Jensen Beach, FL 34957. He stated he is also submitting two (2) photos taken of posting, taken on April 7, 2021. Officer Cicio stated this case is a result of information received from Coastal development Corporation and property owner, Jonathan Baldwin showing John Webb Interiors Inc. was contracted with and was paid for demolition of fourteen linear feet of existing wall, demo of three hundred (300) square feet of the ceiling in the kitchen for all ceilings throughout the condo and finishing new drywall for a contracted amount of twelve thousand dollars ($12,000.00). Officer Cicio stated based on Mr. Elliott’s testimony at the December 16, 2020, Contractor Licensing Board as well as information received by both Mr. Elliott and Mr. Baldwin, John Webb Interiors was contracted with work on this property. Officer Cicio stated computer checks revealed that John Webb Interiors Inc. is an active business on the Division of Corporations with a filed date of September 30, 2003. He stated John Webb is listed to be an officer. He stated computer
checks also revealed that John D. Webb with John Webb Interiors is not a licensed contractor in St Lucie County. He stated he attempted to contact Mr. Webb on several occasions for an interview, but the phone is a restricted line, and a message could not be left. Officer Cicio stated a five hundred dollars ($500.00) citation, Citation No. 200 was issued and sent by certified mail to Mr. Webb for acting in the capacity of a contractor without being duly registered or certified. He stated the citation and citation letter was delivered and signed for on March 25, 2021. He stated a copy was also posted at Mr. Webb’s listed residence on March 23, 2021. He stated as of April 7, 2021, Citation No. 200, remains unpaid and not appealed, so a Notice to Appear was issued to appear before the April 21, 2021, Contractor Licensing Board was posted at Mr. Webb’s residence on April 7, 2021. Officer Cicio stated he has had no contact with Mr. Webb even after speaking with the residents of the same address confirming that he does reside there, leaving his business card and asking for a phone call. He stated Staff is requesting that a lien be placed on Mr. Webb’s real or personal property if the citation is not paid within thirty (30) days. Vice Chairman thanked Officer Cicio for his presentation and asked if Mr. Webb or any representative is present. No one was present. There was further discussion among the Board and Staff 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 the motion.
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Vice Chairman Leonard 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. Zrallack – Yes, Mr. Parker – Yes. The motion carried unanimously. J. OLD BUSINESS: None. K. NEW BUSINESS: Discussion on New Ordinance (Ordinance No. 21-005). Vice Chairman Leonard stated next on our agenda is discussion on New Ordinance (Ordinance No. 21-005). Assistant County Attorney, Katherine Barbieri addressed the Board and stated she just wanted to give the Board a copy of the Ordinance to review. She stated the Board approved it exactly the way you had approved it. She stated it is now in effect and it gives a little more flexibility on penalties and things like that, so you may be seeing some different recommendations in the future. Vice Chairman Lenard stated thank you. Building and Code Regulations Manager, Monica Graziani gave a presentation on the Contactor Licensing Annual Report for the 2020 calendar year. ADJOURNMENT: The meeting was adjourned at 10:25 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, July 21, 2021, AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Dan Zrallack, Board Secretary Or Doug Davis, Chairman