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HomeMy WebLinkAboutMinutes 08.24.2021Page 1 CONTRACTORS EXAMINING BOARD SPECIAL MEETING Tuesday, August 24, 2021 TIME: 8:30 PLACE: Commission Chambers of the Roger Poitras Annex 2300 Virginia Avenue Fort Pierce, FL 34982 BOARD MEMBERS PRESENT: Doug Davis (Chair) Michael Pride Sheila McCarthy-Taylor James "Travis" Leonard (Vice-Chair) Tony Jerger Dan Zrallack (Secretary) Michael DiFrancesco COURT REPORTERS, INC. 108 North Depot Drive Fort Pierce, FL 34950 info@court-reporters.com 772-464-2664 Page 2 1 P R O C E E D I N G S 2 --- 3 MR. CHAIRMAN: We will start the meeting. 4 Madam Secretary, if you will call the roll, please. 5 MADAM SECRETARY: Good morning, everyone. 6 Mrs. McCarthy. 7 MS. McCARTHY-TAYLOR: Here. 8 MADAM SECRETARY: Mr. Davis. 9 MR. CHAIRMAN: Here. 10 MADAM SECRETARY: Mr. DiFrancecco. 11 MR. DiFRANCESCO: Yes, ma'am. 12 MADAM SECRETARY: Mr. Jerger. 13 MR. JERGER: (No response.) 14 MADAM SECRETARY: Mr. Leonard. 15 MR. LEONARD: Yes, ma'am. 16 MADAM SECRETARY: Mr. Parker was excused. 17 Mr. Langel was excused. Mr. Pride. 18 MR. PRIDE: Yes, ma'am. 19 MADAM SECRETARY: Mr. Zrallack. 20 MR. ZRALLACK: Yes, ma'am. 21 MR. CHAIRMAN: All right. And from my 22 understanding, Mr. Jerger is on his way, is that 23 what I heard? 24 MADAM SECRETARY: Yes, he's on his way. 25 MR. CHAIRMAN: So he will be our seventh this Page 3 1 morning. 2 MADAM SECRETARY: Yes. 3 MR. CHAIRMAN: All right. Thank you. Before 4 we start the meeting, I'm going to make mention 5 that we have an issue with keeping the quorum. We 6 have one our members that has to leave at 9:45. I 7 thought it was only fair to make mention of that to 8 the audience in advanced so that if we can keep our 9 comments as brief as possible to make sure we get 10 through a conclusion of this meeting. If it 11 doesn't, we will get the meeting as far along as we 12 can and then have to reconvene, but I just want to 13 make everybody aware we will probably lose a quorum 14 at 9:45 if we're not completed by that point. 15 We do want to hear everybody's voice though so 16 I just want to weigh it in the balance. I'm trying 17 to run a show here and those are the issues we're 18 dealing with. 19 Madam Secretary, if we can have our Staff 20 sworn in to begin the meeting, please. 21 MADAM SECRETARY: State your name for the 22 record. 23 MR. HARVEY: Doug Harvey. 24 MS. WILLIAMS: Danielle Williams. 25 MR. CICIO: Mike Cicio. Page 4 1 MADAM SECRETARY: Do you affirm to tell the 2 truth, the whole truth, and nothing but the truth? 3 MR. CICIO: Yes. 4 MADAM SECRETARY: Thank you. 5 MR. CHAIRMAN: Our first agenda item is the 6 public comment portion. So I've made one statement 7 about time limitations. The only other statement 8 I'm going to make is that we did hear from over 9 12 individuals at the hearing that we had on 10 July the 21st. So we have had a very good 11 representation from homeowners that are involved 12 and have a good understanding from our meeting in 13 July. If you have not already spoken and would 14 like to speak concerning this particular case, if 15 you have already been heard and would like to 16 speak, I have to leave that open as well. Again, 17 just be mindful of your time. 18 So for public comment, if there is any, if you 19 would please come to the podium and be sworn in by 20 the recording secretary. 21 MS. STAHLBERG: Good morning, my name is 22 Charlotte Stahlberg, 1310 Copenhaver Road, 23 Fort Pierce, Florida. I spoke at the last meeting, 24 and I will speak again. We've worked five years to 25 have our house -- Page 5 1 MADAM SECRETARY: Ma'am, you have to be sworn 2 in. 3 MS. STAHLBERG: Oh, I'm sorry. 4 MADAM SECRETARY: Do you affirm to tell the 5 truth, the whole truth, and nothing but the truth? 6 MS. STAHLBERG: I do. 7 MADAM SECRETARY: Thank you. 8 MS. STAHLBERG: We have worked five years very 9 hard to have a house built with a pool. I went 10 through breast cancer and a bilateral mastectomy 11 and Amore' Pools took $8,500 of not only my money 12 but the construction loan money, which is bank 13 fraud. Chrystal has offered to give me -- or 14 hasn't offered. I've asked for my money back I 15 can't even -- countless times, and she always makes 16 excuses. I still don't have my money back. They 17 cannot continue to steal from the people of this 18 county. I've filed a complaint with consumer 19 services, the local sheriff's department. 20 Please do not let them continue this. Please 21 revoke their license and stop them from hurting and 22 taking advantage of other people in our community. 23 Thank you. 24 MR. CHAIRMAN: Thanks for coming. Is there 25 anyone else? Page 6 1 MS. FELL: Good morning. 2 MR. CHAIRMAN: Good morning. 3 MADAM SECRETARY: State your name and address 4 for the record. 5 MS. FELL: Diana Fell, 6703 NW Mamie Court, 6 Port St. Lucie, Florida, 34983. 7 MADAM SECRETARY: Do you affirm to tell the 8 truth, the whole truth, and nothing but the truth? 9 MS. FELL: I do. 10 MADAM SECRETARY: Thank you. 11 MS. FELL: I was not at the last meeting. I 12 will make this brief. I am out $19,500, with a 13 hole in my backyard. It is costing me double to 14 finish my pool. I am so disappointed at the 15 disgrace of the Port St. Lucie Building Department 16 and that no one has done anything about this. 17 There are 300 families, over six counties, that 18 have given their heart and sole to build a pool and 19 make a life for their family and are completely 20 disappointed. 21 The fact that DBPR renewed their license for 22 two years is unbelievably disgraceful. The fact 23 that nothing has been done over six counties, that 24 they have been given time and time again and have 25 not finished a pool, have left these people -- Page 7 1 people are out 50, 60, $70,000 and don't have a 2 finished pool. The work is subpar. They are not 3 capable of finishing these pools. They don't have 4 the money to finish these pools and they certainly 5 don't have the resources to finish these pools. 6 The fact remains that we are residents of 7 St. Lucie County. I pay $6,000 a year in property 8 taxes. The County Commissioners, the City of Port 9 St. Lucie Building Department, they work for the 10 homeowners, not for the contractors. Their license 11 has been renewed. They're on the West Coast now 12 taking money from people, still taking deposits. 13 It's -- it's unbelievable. Something has to be 14 done, and I'm hoping that St. Lucie takes a stance 15 and other counties follow and that at some point 16 there will be some justice for these families. 17 There are elderly, there are vets, there are first 18 responders. They are people that have put their 19 lives on the line for our community that are being 20 taken advantage of, and I really hope that you all 21 make the right decision today. 22 Thank you so much. 23 MR. CHAIRMAN: Thank you for being here. 24 MS. BARBIERI: Mr. Chairman, for the record, 25 may we say that Mr. Jerger arrived so that's clear Page 8 1 that he was here before the hearing started. 2 MR. CHAIRMAN: Very good. Thank you. 3 MS. BARBIERI: Thank you. 4 MR. CHAIRMAN: Is there anyone else from the 5 public that would like to speak? Good morning. 6 MADAM SECRETARY: State your name and -- 7 MS. PATTERSON: My name is April Patterson. 8 MADAM SECRETARY: -- address. 9 MS. PATTERSON: Sorry. My name is 10 April Patterson. I reside at 1113 SW Hogan Street, 11 Port St. Lucie, 34983. 12 MADAM SECRETARY: Do you affirm to tell the 13 truth, the whole truth, and nothing but the truth? 14 MS. PATTERSON: I do. 15 MADAM SECRETARY: Thank you. 16 MS. PATTERSON: If I may. 17 MR. CHAIRMAN: Please. 18 MS. PATTERSON: I figure pictures are worth a 19 thousand words. We initially signed a contract in 20 December. I did not speak at the last meeting. We 21 initially signed a contract in December of 2020 22 prior to my husband's deployment. He's currently 23 serving in Kuwait. His goal was to have a pool for 24 his daughter, which based on the stories told to us 25 made it appear as if the City as delaying our Page 9 1 permit. Once our permits were completed, they came 2 to our house to dig. That was in April, the end of 3 April, prior to my husband leaving for his 4 deployment. 5 They've been to my house recently over the 6 last, um, four weeks or so coming and doing 7 whatever it is that they were doing. At this 8 point, the hole in my backyard has grown its our 9 ecosystem. There's trees growing out of it, grass 10 is all around it. The dirt mound that they left 11 initially also has like grass and stuff growing on 12 it. And they did come because I -- you know, I 13 don't know, they just showed up. They dug some of 14 that dirt out of my yard. In the process of doing 15 that, they broke my main water pipe so that's also 16 still exposed. They fixed it from leaking and 17 stuff, but it's still there. So now it's probably 18 going to grow its own ecosystem because it's been 19 like that for about two weeks now. So that's going 20 to cause a problem for the City. They also -- the 21 rocks that they put at the base of the pool, they 22 left it at the embankment thing in front of my 23 house so it clogged up the pipes so that it -- all 24 the neighbors on the adjacent side of me, their 25 yards were getting flooded. Finally, my neighbor Page 10 1 called the City and they -- when they came to dig 2 the hole and stuff, they moved some of it out of 3 the way, but 80-year-old-cancer-surviving neighbor 4 dug up the rest because it continued to flood. 5 They -- when they broke the water main, it created, 6 like, this whole mudslide to the side of my house 7 because they kept running that thing back and forth 8 and it's now -- unlike how the properties are 9 normally slanted in-between with an incline, it 10 just became, like, a flatbed. So it ended up 11 becoming stagnated water on the side of my house. 12 I physically went out there, because my husband's 13 not here, dug a trench down to where the little 14 embankment thing is to get the stagnated water from 15 between our homes. 16 So I don't know if these last couple of weeks 17 were supposed to be a plus for me, but it has 18 appeared to cause me more damage now because now 19 they had -- with these images were -- the images 20 that were taken a week and a half ago when they 21 sent an inspector to my house to inspect it so that 22 they could shoot my pool. I don't know what planet 23 they were on to think that it would pass an 24 inspection or who it is that they thought would 25 actually pass that with grass, trees and all other Page 11 1 kinds of things growing. The little paper stuff 2 that's supposed to be around it is all destroyed 3 so -- I just kind of wanted to, you know, let you 4 know that pictures are worth a thousand words and 5 this is -- this is just what we get and this is 6 where it is. 7 Thank you. 8 MR. CHAIRMAN: Okay. Thank you, ma'am. 9 Anyone else from the public that would like to 10 speak? 11 MS. MEJIA: Hello, Angela Mejia, 12 2117 SW Savage Boulevard, PSL, 34953. 13 MADAM SECRETARY: Do you affirm to tell the 14 truth, the whole truth, and nothing but the truth? 15 MS. MEJIA: Yes, ma'am. 16 So we are another victim of Amore' Pools. I 17 spoke at the last meeting, but I just wanted to, 18 you know, reiterate this, we're really hoping that 19 you guys will help this county and set a precedent 20 for other counties. They keep taking advantage of 21 people. We signed with them in September. We were 22 promised -- of 2020. We were promised a pool in 23 April of this year, countless times. We couldn't 24 even get ahold of them still, as of last month, so 25 we've moved our permit to another person. They've Page 12 1 gotten so much work done it's absolutely 2 incredible. They've also had to redo a lot of the 3 crap work from Amore'. They just -- they're not 4 cutting it, and you guys need to cut them out. 5 So I appreciate it. Thank you, guys. 6 MR. CHAIRMAN: All right. Thank you. Thank 7 you for being here. 8 Anyone else from the public who would like to 9 speak, if you'd come forward and be sworn in by the 10 recording secretary, please. 11 MS. RASPA: Trista Raspa, 1801 SW Our Court, 12 Port St. Lucie, Florida, 34987. 13 MR. RASPA: Andrew Raspa, 1801 SW Our Court. 14 MADAM SECRETARY: Do you affirm to tell the 15 truth, the whole truth, and nothing but the truth? 16 MS. RASPA: I do. 17 MR. RASPA: I do. 18 MADAM SECRETARY: Thank you. 19 MS. RASPA: We spoke at the last meeting and 20 just to give a recap from -- from the last 30 days. 21 We're fortunate that we do not have a hole in our 22 backyard. No permits have been pulled, nothing was 23 started on our project. We requested our deposit 24 to be refunded and 30 days later we're still 25 waiting on a cashier's check to be processed, and Page 13 1 we have not spoke to them since. And that's it. 2 Still waiting. 3 MR. RASPA: He told us that -- well, thank you 4 for coming, Brian. He told us that he would drop 5 off the check at my house personally. I haven't 6 heard from him. He spoke to a law enforcement 7 officer. What was his name, Nichols? 8 MS. RASPA: Thomas Nichols. 9 MR. RASPA: Thomas Nichols, Port St. Lucie. 10 He said that he would drop it off by Friday, that 11 was about two weeks ago. We still haven't heard 12 from him. This is the first time we've seen him, 13 talked to him, but he's literally taken 10 grand 14 from Navy Federal, check -- cashier's check and 15 he's -- he's disappeared. So he said he would 16 return it. Here he is right here. I still haven't 17 seen my check. He hasn't done anything. He hasn't 18 pulled a permit. My house wasn't even ready. So 19 if I haven't seen -- if you guys haven't seen a 20 crime yet, here it is right here. He took ten 21 grand, disappeared, said he would return it. 22 Talked to a law enforcement officer, here I am how 23 many months later and I still don't have my check. 24 He's sitting right there with my money and a brand 25 new truck outside. Page 14 1 So tell me what you guys are going to do to 2 help my family? I've never had ten grand in my 3 life and we saved up for it and here we are trying 4 to get money back. 5 So it's a pretty clear case. He took my 6 money, he said he would return it, and I still 7 don't have it. 8 So I hope you guys can help me get my money 9 somehow, someway, but as far as -- 10 MS. RASPA: And prevent other people from 11 being victims in our case as well. 12 MR. RASPA: And another -- another point I 13 would like to add is, he's undercutting every 14 single pool contractor by about $30,000. That's 15 why he's getting all this money from people, 16 because he's giving them projects that ain't even 17 possible to do so that's how he keeps getting 18 customers. He's -- he's underbidding them by about 19 20,000 so -- 20 Thanks for showing up, Brian. 21 MR. CHAIRMAN: Anyone else from the public? 22 MADAM SECRETARY: Good morning. 23 MR. LOVGREN: Good morning. 24 MADAM SECRETARY: State your name and address. 25 MR. LOVGREN: James Lovgren, 441 SE Dolphin Page 15 1 Drive, Stuart, Florida. 2 MADAM SECRETARY: Do you affirm to tell the 3 truth, the whole truth, and nothing but the truth? 4 MR. LOVGREN: Yes, I do. 5 MADAM SECRETARY: Thank you. 6 MR. LOVGREN: I entered into a contract with 7 Amore' June 26th of 2020. Promised a pool in 8 November. Then January 20th or -- I mean -- sorry. 9 Then Christmas, then January 20th, Valentine's Day, 10 and still my pool is un -- incomplete. I've seen 11 them seven times in 2021. Close to -- about 32 to 12 40,000 out right now. So pretty much I'm stuck 13 with them. There's no way I can afford to fire 14 them. This company has been built on deception and 15 lies from the beginning. The original license, 16 which I understand a lot of people have the 17 reciprocity agreement. Clearly no due diligence 18 was done and that's something I feel needs to be 19 looked into. There's a lot of facts there. You've 20 just got to look for them. I'm not the one to tell 21 you but it needs to be looked at. 22 Thank you. 23 MR. CHAIRMAN: Thank you, sir. 24 MS. FOWLER: Hello. 25 MADAM SECRETARY: Good morning. Page 16 1 MR. CHAIRMAN: Good morning. 2 MS. FOWLER: Alison Fowler, 2197 SW Gailwood 3 Street, Port St. Lucie, 34987. That's my new 4 house, not done yet. 5 MADAM SECRETARY: Do you affirm to tell the 6 truth, the whole truth, and nothing but the truth? 7 MS. FOWLER: Yes, I do. I spoke last time. 8 September 3, 2020, we gave them $9,000. They 9 applied for the permit in January. It failed. We 10 didn't hear anything until May that it had failed. 11 I requested our money back June 28th. I didn't 12 hear from her until July 22nd after I sent them 13 another email, and she said that they would process 14 a partial refund, even though no work has been 15 completed, and I still have not received money or 16 more information from them, and I also sent them a 17 certified letter, no response. 18 So they have my $9,000. We have nothing. 19 Thank you. 20 MR. CHAIRMAN: Thank you, ma'am. 21 MS. NEGER: It's a long walk. 22 MR. CHAIRMAN: Good morning. 23 MS. NEGER: Good morning. Hi. My name is 24 Debra Neger, 8145 SE Palm Street, that's in 25 Hobe Sound, Martin County. Page 17 1 MADAM SECRETARY: Do you affirm to tell the 2 truth, the whole truth, and nothing but the truth? 3 MS. NEGER: I do. I spoke last time, and I 4 spoke about the $41,250 that they took from us. 5 It's going to cost us approximately $60,000 more, 6 not just to complete the pool but to fix all the 7 mistakes because they're incompetent, and I don't 8 know how they have a license. I really don't. So 9 instead of looking at what they've done, why don't 10 you look at how they've done it and how did they 11 get a license. 12 My husband is a licensed contractor, what we 13 had to do to get license, how could they -- how 14 could they possibly have one? They have no credit. 15 They have no money, and they have no ability to do 16 a decent job, and that's all I have to say. 17 Thank you. 18 MR. CHAIRMAN: Thank you, ma'am. Any other 19 from the public that would like to speak? 20 All right. Hearing none, we will then now go 21 to Staff and let staff go ahead and start us with 22 the facts and the case and the violation before us. 23 MR. CICIO: Thank you. Good morning, 24 Mr. Chairman, members of the Board. 25 For the record, I'm submitting a copy of the Page 18 1 Complaint Affidavit filed by property Eric Senecal. 2 A contract in -- between Mr. Senecal and 3 Amore' Pools, Inc., 11 photos. Seven photos taken 4 on June 16, 2021, three photos taken on 5 July 13, 2021 and one photo taken on July 14, 2021. 6 I am also submitting a copy of a 7 Notice of Commencement, check image with 8 endorsement, spa change order and engineering 9 drawing submitted to the Building Department during 10 the permit application process. 11 On June 29, 2021, the Complaint Affidavit was 12 filed by Mr. Senecal against Amore' Pools, Inc., 13 Chrystal M. Washburn, who he had contracted with 14 for a new pool at the address of 4920 Christensen 15 Road in Fort Pierce, Florida. Upon investigation, 16 it was found that Amore' Pools violated St. Lucie 17 County Code 10-67(10), Commits fraud or deceit or 18 other misconduct in the practice of contracting, 19 which is also disclosed under Florida Statute 20 489-129(l). 21 A Notice of Commencement was filed with the 22 Clerk of Court on March 4, 2020, which was signed 23 and notarized. Mr. Senecal will provide testimony 24 that the signature on this Notice of Commencement 25 is not his and in fact is fraudulent. Residential Page 19 1 Pool Spa Permit No. 2003-0266 was issued on 2 April 28, 2020, with a contractor listed to be 3 Amore' Pools, Inc. The initial pool construction 4 agreement was signed by property owner Eric Senecal 5 and contractor Amore' Pools, Inc., 6 Chrystal M. Washburn, for the contracted price of 7 $56,400 in February of 2020. The contract included 8 a draw schedule which listed three payments to be 9 made. The first draw was paid by check from 10 HomeBridge Financial Services, Inc. to 11 Amore' Pools, Inc. and Mr. Senecal on February 18th 12 of 2020, check number 14379 in the amount of 13 $18,202.79, which is a 50 percent material deposit. 14 Mr. Senecal will provide testimony that this check 15 was not endorsed by him and was fraudulently 16 endorsed by a notary of the public [verbatim] in 17 Indian River County. 18 Fraudulent signatures are not only a violation 19 of County and State ordinance but also can be found 20 to be criminal in nature. The instances of 21 fraudulent signatures has been reported to the 22 State, as well as -- as well as local law 23 enforcement agencies by Mr. Senecal. 24 Amore' Pools, Inc. violated St. Lucie County 25 Code 10-67(3) for will -- willfully disregards and Page 20 1 violates an applicable state or local building 2 code, regulation or law. Business check 3 number 3219 dated May 1, 2020 in the amount of 4 $5,375 was written for a spa upgrade after a change 5 order. This change order was to change a planned 6 conversation area into a spa. Revisions to the 7 original plans were never made by the contractor 8 and to date this conversion remains unpermitted. 9 Amore' Pools, Inc. violated 10-67 St. Lucie 10 County Code 8, Abandons a construction project in 11 which a contractor is engaged under contract as a 12 contractor. A project shall be considered 13 abandoned 90 days after the contractor terminates 14 the project without just cause or without proper 15 notification to the owner, including reasons for 16 termination, or fails to perform work under the 17 contract for 90 consecutive days. This is also 18 disclosed under Florida Statute 489-129(j), as in 19 Juliette. 20 The last inspection on this project was 21 performed on October 1, 2020. Mr. Senecal will 22 provide testimony that this last work performed by 23 Amore' Pools was on March 31, 2021, which was to 24 remove waterline tile that was failing to adhere 25 properly. On April 20, 2021, a permit renewal Page 21 1 request was submitted to the County by Amore' 2 Pools, Inc. No work has been performed on this 3 property since the renewal request. 4 The facts in this case are clear. Mr. Senecal 5 entered into a contract with Amore' Pools, Inc., 6 Chrystal M. Washburn, for the building of a new 7 pool. Amore' Pools, Inc. was paid an initial down 8 payment, as well as a second draw for the 9 construction of this pool, in addition to upgrade 10 costs. According to Mr. Senecal, a signature was 11 forged not only on the Notice of Commencement but 12 also on the first draw. The conversation area was 13 converted to a spa, remains unpermitted by revision 14 even after the change order and payment was 15 received. This project is considered abandoned to 16 date. It has been more than 100 days since the 17 permit was renewed and no work has been performed. 18 On June 22, 2021, a Notice to Appear before 19 the July 21st Contractor Licensing Board was mailed 20 to Ms. Washburn via certified mail, which was 21 delivered and signed for on June 24, 2021. I have 22 met with Mr. and Mrs. Washburn and she was provided 23 a copy of the Complaint Affidavit, as well as 24 evidence for this case. 25 Based on the facts of this case, Staff is Page 22 1 recommending to revoke the Certificate of 2 Competency for Chrystal M. Washburn, Amore' Pools, 3 Inc. Chrystal M. Washburn and/or Amore' Pools, 4 Inc. must make a request before the 5 Contractor Licensing Board to have their 6 Certificate of Competency reinstated. 7 Staff is further recommending to the Board 8 that final inspections for the following 9 outstanding permits are to be obtained within six 10 months of this Board's date or a fine not to exceed 11 $10,000 will be imposed, permit number 2003-0266 12 for the address of 4920 Christensen Road in 13 Fort Pierce; permit number 2102-0438 for 14 594 Beach Avenue in Port St. Lucie; and permit 15 number 2104-0669 for 2279 Keen Road in Fort Pierce. 16 Staff is also recommending to forward a copy 17 of the Board's order to the Florida Department of 18 Business and Professional Regulation and the 19 surrounding municipalities. This case has already 20 been forwarded to the St. Lucie County Sheriff's 21 Office. 22 MR. CHAIRMAN: Thank you, Mr. Cicio. 23 Questions of Staff? 24 MR. DiFRANCESCO: Mr. Cicio, you stated that 25 that spa that I'm seeing in the picture was issued Page 23 1 as a change order, but it was never applied for as 2 a revision? 3 MR. CICIO: That is correct, nobody applied 4 for it. 5 MR. DiFRANCESCO: Is that a plan showing that 6 spa was never applied for? 7 MR. CICIO: It was a conversation area in the 8 plans that we received, and it was converted to a 9 spa without permits. 10 MR. DiFRANCESCO: So that work was performed 11 without a revision to a permit, without an 12 inspection of the revisionary to that permit? 13 MR. CICIO: I'll have to -- as far as the 14 revision goes, the spa was put into the ground -- 15 MR. DiFRANCESCO: No paperwork? 16 MR. CICIO: -- as far the inspection process 17 goes. As far as the paperwork goes, we never saw 18 any paperwork to my knowledge that showed it was 19 converted to a spa. 20 MR. DiFRANCESCO: Thank you. 21 MR. DiFRANCESCO: Mr. Cicio, I see that the 22 check that Mr. Senecal wrote to -- was to 23 Amore' Pools, but it was deposited in 24 Coastal Bound. Do we know if that's another 25 business that they own? Page 24 1 MR. CICIO: To my knowledge, it's not. From 2 my understanding, it's a check cashing store. 3 MR. DiFRANCESCO: Okay. 4 MR. CHAIRMAN: The only question that I have 5 is, Mr. Cicio you listed three permits that you are 6 giving them grace to complete. An expectation of 7 doing that -- doing so in six months. 8 MR. CICIO: Correct. 9 MR. CHAIRMAN: Is there a reason why just 10 these three are listed? 11 MR. CICIO: These are the only issued 12 permits -- or permits that are in an issue status 13 in St. Lucie County at this time. 14 MR. CHAIRMAN: They're the only active permits 15 outstanding? 16 MR. CICIO: Correct. 17 MR. CHAIRMAN: Okay. Any other questions of 18 Staff? All right. Hearing none -- 19 MS. BARBIERI: Mr. Chairman, Assistant County 20 Attorney Katherine Barbieri. 21 Mr. Cicio, I believe I heard in your testimony 22 the notice for the original hearing. Could you 23 explain the notice for today's hearing? 24 MR. CICIO: That was done by a continuance and 25 that was served not only to the attorneys of Page 25 1 Mr. and Mrs. Washburn but also to them themselves, 2 I believe. 3 MS. BARBIERI: So they are aware of today's 4 hearing. 5 MR. CICIO: That is correct. 6 MS. BARBIERI: Thank you. 7 MR. CHAIRMAN: All right. Thanks for getting 8 that on the record, Ms. Barbieri. 9 If the representation of Amore' Pools, whether 10 it's Chrystal Washburn, qualifier, or 11 representation for her is here, we would like for 12 you to come forward and be heard. Good morning. 13 MR. WASHBURN: Good morning. 14 MADAM SECRETARY: State your name and address 15 for the record. 16 MR. WASHBURN: Brian Washburn, 8376 99th 17 Court, Vero Beach, Florida, 32967. 18 MADAM SECRETARY: Do you affirm to tell the 19 truth, the whole truth, and nothing but the truth? 20 MR. WASHBURN: I do. 21 MADAM SECRETARY: Thank you. 22 MR. WASHBURN: Good morning. 23 MR. CHAIRMAN: Good morning. 24 MR. WASHBURN: We're here -- I showed up. My 25 wife had to be on a personal matter. She had to Page 26 1 fly up to New Jersey, she'll be back, so I came in 2 as representation. 3 There were several things that were said here 4 today, and I can't go through them all that, that 5 are 100 percent not true under oath but... I'm not 6 here to fight the fight. There's no doubt that we 7 had some shortcomings, you know, but we're fighting 8 hard every day to correct those. We're not on the 9 West Coast. I don't drive a brand new truck. I 10 came in a Nissan Altima today so I don't know. You 11 know, I'm here to, you know, get the job done and 12 that's what we're doing. 13 MR. RASPA: I'd like to get my 10 grand. 14 MR. CHAIRMAN: All right. Let's -- let's 15 limit the conversation to those that are sworn in 16 and have the podium, please. 17 So you've -- you've heard -- you may not have 18 heard from our July meeting, which we had over a 19 dozen that came and spoke, and then this morning we 20 had, according to my count, I believe eight, plus 21 or minus. 22 MR. WASHBURN: Correct. 23 MR. CHAIRMAN: So the complaints are numerous 24 and this is your opportunity to defend yourself, if 25 there's any defense. Page 27 1 MR. WASHBURN: There's real -- I mean, how -- 2 out of -- we have Mrs. Patterson. You know, those 3 obvious -- anybody we still have under contract 4 we -- we plan on finishing. People that we don't 5 have under contract, obviously, we can't finish. 6 MR. CHAIRMAN: There's a number of issues 7 though where you have monies that are mentioned as 8 having been paid with no work having been 9 performed -- 10 MR. WASHBURN: Right. 11 MR. CHAIRMAN: -- so what is that status? 12 MR. WASHBURN: Well, there's sev -- I mean, 13 each individual one's different. So whatever -- 14 whatever engineering and things like that we pay 15 for, those will be taken out of the deposit and 16 then they'll be refunded. We have given refunds 17 out, and she's going through each individual one. 18 You know, they have a Facebook page. There's 19 100. There's not 300 clients. There's about 140 20 that was. Now, it's down to about 37. 21 MS. BARBIERI: Mr. Chairman, Assistant County 22 Attorney Katherine Barbieri. The evidence today 23 and the decision of the Board will be based on 24 Mr. Senecal's case; that's the one that's before 25 you. The other is public comment so I don't know Page 28 1 if he wants to address Mr. Cicio's testimony but 2 that may be appropriate. 3 MR. CHAIRMAN: All right. Thank you. 4 MS. BARBIERI: He would also -- should have 5 the chance to speak again, if he wants to, after 6 Mr. Senecal talks. 7 MR. CHAIRMAN: All right. Good -- good point, 8 and that is important for us to keep our meeting, 9 hopefully, within the next 26 minutes so that we 10 can get a vote before the quorum leaves. So 11 specific to the charges brought by the County in 12 this one specific case, anything else you'd like to 13 offer to the Board? 14 MR. WASHBURN: I mean, I heard in Mr. Cicio's 15 testimony that -- that Mr. Senecal went to -- that 16 he was not there. He went to -- to the place and 17 signed the check specifically, because he called me 18 and asked me where to go. So both parties -- I'm 19 pretty well certain that both parties have to sign 20 those checks to be cashed or deposited or anything 21 you would do with them. It's a third-party check. 22 MR. CHAIRMAN: Any other comments you'd like 23 to share with us? Board? 24 MR. WASHBURN: No. 25 MR. LEONARD: Brian, thank you for being here. Page 29 1 Really appreciate it. Travis Leonard, 2 vice-chairman of the Licensing Board. So with 3 respect to Mr. Senecal and Mr. Cicio bringing it 4 up, why did you build that spa without a revision? 5 MR. WASHBURN: Well, he came to me and said he 6 wanted to turn it into spa and, apparently, 7 obviously, the -- the office didn't send in the 8 property documentation to have it turned into a spa 9 to the Building Department, but the inspector was 10 out there, the plumbing was in it, everything was 11 inspected. So as a -- out in the filed, I didn't 12 think anything of it. 13 MR. LEONARD: So you are working out in the 14 field, you are transitioning from an area that was 15 permitted to a spa -- 16 MR. WASHBURN: Correct. 17 MR. LEONARD: -- and you didn't verify if that 18 revision was completed or not? 19 MR. WASHBURN: I did not. The inspector was 20 out there. He looked at it. Normally if there was 21 something that wasn't revised, they would say, Hey, 22 man, this isn't revised, you know. 23 MR. LEONARD: Was the spa added after the pool 24 was shot? 25 MR. WASHBURN: No. Page 30 1 MR. LEONARD: The spa was added before the 2 pool was shot? 3 MR. WASHBURN: It was shot all in one. The 4 essential footprint hasn't changed. We just put 5 plumbing in it and it was inspected. 6 MR. LEONARD: Now, there's a big difference 7 between a conversation area and a spa. 8 MR. WASHBURN: No, I'm saying the shape. 9 MR. LEONARD: There's still a big difference 10 between a conversation -- 11 MR. WASHBURN: Not on that plan there's not. 12 MR. LEONARD: -- area and a spa. 13 MR. WASHBURN: There's plumbing added to it, 14 literally. I'm not saying there's not a difference 15 but the footprint there's not. 16 MR. LEONARD: Why haven't you finished this 17 pool? 18 MR. WASHBURN: We have, obviously, 19 shortcomings. We have a whole Facebook page. I 20 have people that work for us that don't even want 21 to work. They're like, I don't want to deal with 22 this, you know. Obviously, we took on too much 23 work. We're still fighting to get it done and 24 we're behind, you know. Material delays a few, you 25 know, but -- Page 31 1 MR. LEONARD: How long do you think it should 2 take you to build a pool start to finish? 3 MR. WASHBURN: In a perfect, like, situation, 4 maybe three to six months. 5 MR. LEONARD: How long has it taken you on 6 this pool? 7 MR. WASHBURN: Way too damn long. 8 MR. LEONARD: How long has it been taking on 9 the people we've been hearing? 10 MR. WASHBURN: Too long. 11 MR. LEONARD: Are you still writing contracts? 12 MR. WASHBURN: No, sir. 13 MR. LEONARD: Are you still out -- going out 14 in the other communities, you've got these -- these 15 homeowners and these other municipalities that are 16 doing it? 17 MR. WASHBURN: Are we doing what? 18 MR. LEONARD: Are you still going ahead and 19 building pools for other people -- 20 MR. WASHBURN: We built pools -- 21 MR. LEONARD: -- starting new construction, 22 taking deposits? 23 MR. WASHBURN: No, sir. Absolutely not. 24 MR. LEONARD: What about the other three 25 permits that we have here that are in front of us Page 32 1 on Staff's recommendation? 2 MR. WASHBURN: Beach Avenue we have Mr. Wilson 3 and we're -- we stripped back field, shot his pool, 4 we're continuing with it. We're doing plumbing 5 this week. There's another -- what was the other 6 address? 7 MR. CICIO: 2279 King Road. 8 MR. WASHBURN: King Road? That's -- what's 9 the -- do you have the homeowner's name? 10 MR. CICIO: Not in front of me, no. 11 MR. WASHBURN: Yeah, I don't have it in front 12 of my head. 13 MR. CHAIRMAN: Any other questions of 14 Mr. Senecal [verbatim]? 15 (No response.) 16 Okay. Thank you for being with us this 17 morning. 18 MR. WASHBURN: Yes, sir. 19 MR. CHAIRMAN: Anybody else who would like to 20 speak concerning the case? If the Senecals are 21 here, and if so, would you like to speak? 22 MR. SENECAL: Yes. 23 MADAM SECRETARY: Good morning. 24 MR. SENECAL: Good morning. 25 MADAM SECRETARY: State your name and address Page 33 1 for the record. 2 MS. SENECAL: Gloria Remy-Senecal, 3 4920 Christensen Road, Fort Pierce, Florida. 4 MADAM SECRETARY: Please speak into the mic. 5 MS. SENECAL: 4920 Christensen Road, 6 Fort Pierce, Florida 34981. 7 MR. SENECAL: Eric Senecal, same address. 8 MADAM SECRETARY: Okay. Do you affirm to tell 9 the truth, the whole truth, and nothing but the 10 truth? 11 MS. SENECAL: I do. 12 MR. SENECAL: I do. 13 MADAM SECRETARY: Thank you. 14 MR. SENECAL: First, we do have some 15 additional information that we can share with 16 Brian, as well as all of you, pictures of updated 17 status of the pool and some financials just to look 18 at as well. If you guys would all like to take a 19 packet just have it in your hands or look at it, 20 we'd appreciate it. 21 MS. BARBIERI: Do you have a copy for 22 Mr. Washburn, too? 23 MR. SENECAL: I do. We'll start with the 24 first and foremost lie that came out of his mouth 25 before we get into the whole case is, I asked him Page 34 1 for directions to the check cashing place. I will 2 show you a picture of her and I standing at the 3 Statute of Liberty the day that cash was checked -- 4 that check was cashed. We were out of the state. 5 We were in New York from the 18th through the 24th. 6 That check was sent to them from the lender, 7 received somewhere on the 21st, 22nd, cashed, we 8 were out of town. If anybody would like to see 9 proof of that, I can show you our pictures of that 10 trip. So let's just get that out of the way right 11 up in front. 12 We started with them, per all of the 13 information you've already seen. Some of this 14 stuff you'll see in front of you you'll see some 15 dates and amounts paid. My original contract was 16 $56,000. With the upgrades and the things that 17 he's talked to us about along the way and said that 18 it would enhance our pool, we've already paid 19 $56,404 for this project and some change. 20 The project is probably about 50 percent 21 completed. Some of the errors, through the 22 investigation of Mike Cicio that he's been out 23 there, you know, the -- this pool and spa area not 24 being submitted, have also compounded into other 25 things. If it was not -- as Travis was asking some Page 35 1 questions about, if it wasn't permitted and wasn't 2 added to the plans, it was also not added to the 3 flow calculations for the pool, and we only have 4 one three horsepower pump on a 17-by-43-foot pool. 5 I don't know if he can answer if that would be 6 correct or not, but homeowners in this room have 7 smaller pools with more than one pump installed on 8 them so -- deficiencies like that we have found 9 over and over. 10 You know, this Board is put in place as a 11 means to resolve issues between the homeowners and 12 the contractors. I think that's the initial goal, 13 the Building Department. However, you know, 14 Amore', Chrystal, Brian, they've chosen not to 15 perform any work since the Complaints have been 16 filed. So our part of coming here saying there's a 17 problem, talking to them saying there's a problem, 18 they're not doing anything on their end to resolve 19 a problem. The exact opposite. You know, if the 20 Board's intent is to work with them and they're not 21 working. 22 I believe everyone wants to complete the 23 project, but they've completely ignored the 24 sentiment of this process meaning, Hey, you're on 25 notice. You're on notice in four or five other Page 36 1 counties. There's been meetings. They've been to 2 more meetings than they've been to our job in the 3 last three to six months. We haven't seen them 4 since April. 5 The pictures you'll see in there is -- you 6 know, the pictures that Mike actually showed when 7 he came and did, we've already cleaned up the 8 property. We can't live in a trash dump anymore. 9 We've got five children. We couldn't even let them 10 out the backdoor. The holes in the deck, the crack 11 tiles, sinkholes, you'll see some of the pictures 12 in there. It wasn't safe. I actually had to pay 13 somebody else. Because of repeated attempts to 14 them not being resolved, I've had to pay somebody 15 else to come and repair those sinkholes to make it 16 safe for the family to be on the property. 17 We also went ahead and put the baby gate up, 18 because we realized there was going to be no 19 finished pool with water in it, and we needed one 20 anyways so we went up and did that. Everything on 21 our end has been done. You needed money, the 22 monies there, $56,404. A hundred and one percent 23 of the completed contract has already been paid. 24 MR. CICIO: Excuse me. 25 MR. SENECAL: Yes, sir. Page 37 1 MR. CICIO: Excuse me. I'm sorry. 2 Mr. Chairman, Members of the Board, the 3 pictures that you have before you now are pictures 4 from Mr. Senecal himself. It's not taken by Staff. 5 MR. CHAIRMAN: All right. Thank you. 6 MR. SENECAL: Yes. Everything in the packet 7 is supplied through us. I have issued a copy of it 8 to Mike as well. You will see in there things 9 just -- so many people have talked up here today 10 about incompetency or lack of experience or 11 knowledge on building a pool. I don't know it 12 either, but I do know a lot now since we've been 13 through this process. We have plumbing -- 19 14 months into the project we have plumbing that's not 15 attached to the pool. There's no mudding, or 16 whatever, around any of the jets or returns. The 17 skimmers are sitting under the completed deck, not 18 attached to the pool. Coping was applied, all of 19 that. So I don't know the process but I know that 20 that's wrong. 21 It did fail inspections for the skimmers not 22 being attached on July 20th, I believe, of 2020. 23 It has not been repaired since then. So that's -- 24 we're over a year and we haven't attached skimmers 25 to a pool. Page 38 1 Waterline tile, it was installed in May of 2 2020 and the pictures you'll see in there in March 3 they tried to come and work on it after almost a 4 year later, 10 months. Well, they left the plastic 5 covering on the tile, so as they tried to remove it 6 to grout it was pealing the tile off because the 7 fince (phonetic) that they used was not correct. 8 So Kyle told us to pick out new tile. It took 9 a week or two for us, we're both in the healthcare 10 field, we couldn't get there. We've been working 11 nonstop. We get there, pick out a new tile. Since 12 that tile was picked out in March of 2021, I have 13 called almost weekly to the tile distributed and it 14 has been in stock. So the claims that it's not in 15 stock, it's in stock. It's in stock today, and it 16 hasn't been returned. That's over $4,000 in tile. 17 It has not been brought back. 18 The guys that came and chipped it up left 19 glass everywhere. We still step on glass if we're 20 out there barefoot, okay? 21 The decking itself, the contract states it's 22 travertine. It's a limestone, which comparable 23 pricing, okay. I could pull up a video, and you 24 guys would laugh unfortunately at it. My daughter 25 steps on that deck with shoes on and fell because Page 39 1 it wasn't even raining out, it was just dew from 2 the night before. The deck has a slight incline 3 because of the way they built it. If it is wet 4 outside, I'll let the dog out, I cannot walk up the 5 incline. I slide right back down. So that's the 6 kind of incline and the -- 7 MS. SENECAL: And it's not what we -- 8 MR. SENECAL: And it's not what we put in the 9 contract. Those are things we're not even -- it's 10 there. We at least have the product. But it's the 11 things that we paid for that aren't in there, as 12 well as the heater. We paid for an Aquacal heater. 13 Our contract doesn't say we'll substitute for 14 anything that's not Aquacal. We don't have an 15 Aquacal. We have a Thermaso (phonetic) or what it 16 is, and it's smaller and too small for the size of 17 the pool. 18 One of the things that people have mentioned 19 today to you guys before is the features and things 20 that they do for a lower price. Everything -- 21 there's a story, you know, best friend who owns a 22 travertine mine in Turkey gets these good deals on 23 it, beats all the other manufacturers in the area 24 because his prices are so great. A 4 or $5,000 25 fire feature he can add to the pool, it's gonna be Page 40 1 still under the price of all your -- all the 2 competitors. All of those things are what sold us 3 on them. And, of course, the heartache story that 4 they'll tell you about running behind or this and 5 that but -- personal tragedies and such. We all 6 have personal tragedies. I still go to work every 7 day, so does my wife, and so do all of you. I'm 8 sure everybody's had something. 9 If you see some of the pictures, you can 10 see -- I'm not a plumber. I don't know if any of 11 you are up there. But I don't -- plumbing is 12 confusing at best to look at. 13 We also have a loan from our lender, 14 HomeBridge Financial, which is a Fannie Mae 15 product. It had a one-year shelf life. We paid 16 them -- and they told us upfront, yes, this product 17 is a one-year product. We can meet that. We're 18 going to build your pool in six months. Plenty of 19 time. 20 I've been in violation with that for almost 21 another year because that product has expired. If 22 you see -- on those pages, you'll see the interest 23 we pay on that. It's a higher interest rate for 24 the loan, as it is for a regular construction loan. 25 So I'm paying interest just -- just this meeting Page 41 1 here being delayed 30 days cost us over $600 2 because we're being penalized every month. Let's 3 see. 4 Again, we haven't seen them since the 5 beginning of April. If anything -- you know, if 6 it's a lie, if I'm lying to you under oath -- I 7 have cameras on my property. You can come and sit 8 and watch hours and hours of footage. And most of 9 it is our kids complaining about them in the 10 backyard when they go out there, you know. Can we 11 fire them? Can we get somebody? We want 12 something. They've had two summers where they've 13 had to look at a hole in the ground. 14 MS. SENECAL: Tell them how much it's going to 15 cost -- 16 MR. SENECAL: We've had estimates from 17 multiple pool companies to fix it. They have 18 ranged from 38,000 to 62,000. 19 MS. SENECAL: So on top of what we -- 20 MR. SENECAL: So on top of what we've already 21 dumped into it -- 22 MS. SENECAL: -- it's going to cost us almost 23 $90,000 after everything's said and done. 24 MR. SENECAL: So we went with a bargain pool 25 builder that's going to beat, you know, the top Page 42 1 prices, at the best quality, and now we're paying 2 double what anybody else would have bid that pool 3 for originally, and we don't have half the 4 features. This is without having a fire feature. 5 This is without having a second pump to properly 6 clean the water and pump the pool. This is just 7 taking what we have there, them picking up the 8 pieces, and being kind enough to finish this 9 project for us, you know. 10 It's not giving us the pool that we were 11 promised. You'll see that nice rendering of the -- 12 of the pool that we were promised. You know, of 13 course, the furniture and the trees, that was all 14 extra, but the actual pool itself that's what we 15 were promised, that's what we signed up for. 16 I don't know if there's anything else. You 17 know, again -- 18 MS. SENECAL: The point of the matter is, they 19 should have never been licensed from the beginning. 20 It's public record of her letters of recommendation 21 are absolutely ridiculous, and I don't even know 22 how a Board approved that. I mean, how did 23 these -- how did these people get licensed? How 24 did they verify that? And now we're all paying the 25 price because they were licensed. Page 43 1 MR. SENECAL: And that's something that we 2 were told by Mr. Cicio that the County has to 3 accept the license through reciprocity because 4 they're part of the bigger entity, which is the 5 City of Port St. Lucie. Even though they surround 6 it, Port St. Lucie is the bigger entity, they 7 licensed them by force. We're told that they have 8 to accept it. So there was no due diligence at 9 that point for them to say, Hey, let's look at that 10 license. We just look at it as a letter of 11 reciprocity, Hey, we have the license. But I can 12 assure you if any of you up there were trying to 13 start a business or career and your letters of 14 recommendation were written on lined paper and a 15 crayon or Sharpie, that some of these were written 16 on -- 17 MS. SENECAL: This is not -- 18 MR. SENECAL: This is not false. 19 MS. STAHLBERG: -- (inaudible) sarcasm. This 20 is actually true. That's what the letter of 21 recommendation was. It was a torn up piece of 22 paper on lines and somebody writing, that didn't 23 even speak English properly. 24 MR. SENECAL: Yeah. 25 MS. SENECAL: And no offense, I from -- come Page 44 1 from Latin decent, but how is that okay? 2 MR. SENECAL: Yeah. And that was accepted by 3 the Port St. Lucie Building Department, along with 4 work history and so on. These people said that 5 they work for her and -- we've never seen Chrystal 6 on the job site. We don't know who our project 7 manager is. We thought Brian was the owner up 8 until just recently. She said, No, he works for 9 me. Well, neither of them have been on the job 10 site very much, but I've never seen her other than 11 for the initial meetings and to collect money. The 12 check -- again, the fraud check that's in question 13 was not -- we weren't even in town. We didn't sign 14 a check so -- 15 MS. SENECAL: And this is not Brian's first 16 rodeo with criminal activity. As you know, he is a 17 convicted felon. He's done this before. So he 18 knows exactly what he's doing. He's scheming to 19 defraud people is what he's doing. 20 MR. SENECAL: And it needs to start -- 21 somebody needs to make the decision. If you want 22 to be the first county, you would be -- a hundred 23 and something people would thank you guys for 24 taking care of this because there's -- I mean, I 25 have stacks. You've seen the paperwork. I've got Page 45 1 double that, but I knew I would bore you because 2 there's enough information on the first page 3 that -- to go from but -- if he wants to come up 4 here and say that everything's a lie again, we'll 5 go through it line by line and I'll show you where 6 it's not. We try not to embellish because the 7 truth is bad enough. 8 If there's anything else, you have any 9 questions for us, I'd be happy to answer them. 10 MR. CHAIRMAN: Any questions from the Board? 11 MR. ZRALLACK: I just want to remind the Board 12 of the time. 13 MR. CHAIRMAN: Yes. Mr. Zrallack needs to 14 leave at 9:45. We appreciate you both being here 15 this morning and laying out the facts for us. 16 MR. SENECAL: Thank you. Thanks for your 17 time, and I know it takes time away from your other 18 careers and jobs but thank you. 19 MR. CHAIRMAN: Yes. Well, that's what we've 20 committed to do, and we appreciate you being here. 21 As a follow-up then, you said we need to allow 22 the -- Amore' Pools to have the last say before we 23 go further. 24 MS. BARBIERI: Yes, Mr. Chairman, if 25 Amore' Pools wishes to come back up. Page 46 1 MR. WASHBURN: No, that's all right. 2 MR. CHAIRMAN: Okay. So just put it on record 3 that Brian Washburn has declined to return for any 4 closing statements. So with that I'll leave it to 5 the Board. We've heard much, not only last month 6 but again this morning, and this morning the 7 specifics of this one case of which many have been 8 discussed among the audience this morning so I 9 think the facts are out there. What's the opinion 10 of the Board? 11 MR. DiFRANCESCO: Mr. Chairman, my opinion has 12 not changed from last month. 13 MR. CHAIRMAN: Okay. 14 MR. DiFRANCESCO: I'd like to make a -- a 15 thing to revoke their Certificate of Competency for 16 Chrystal Washburn and Amore' Pools. Obtain the 17 approvals of final inspections for outstanding 18 permits listed below. I don't think they need a 19 license to finish what they got. I just don't 20 think that they need to continue what they're doing 21 because they are incompetent. I would like a copy 22 of the Board's order to be forwarded to the 23 Florida Department of Business and Professional 24 Regulation and surrounding municipalities. 25 MR. CHAIRMAN: Okay. There's a motion by Page 47 1 Mr. DiFrancecco. 2 MR. ZRALLACK: Can we get clarification on the 3 motion? Is it the same motion that -- Staff's 4 recommendation or is -- 5 MR. DiFRANCESCO: Yes, sir. 6 MR. ZRALLACK: I'll second. 7 MR. CHAIRMAN: Second by Mr. Zrallack. Any 8 discussion? 9 MR. LEONARD: I have a lot to say, but I'm 10 going to hold my tongue. 11 MR. CHAIRMAN: All right. With no other 12 discussion then, I will ask Madam Secretary if you 13 would do a voice vote, please. 14 MADAM SECRETARY: Mrs. Taylor? 15 MS. McCARTHY-TAYLOR: Yes. 16 MADAM SECRETARY: Mr. Davis? 17 MR. CHAIRMAN: Yes, ma'am. 18 MADAM SECRETARY: Mr. DiFrancecco? 19 MR. DiFRANCESCO: Yes, ma'am. 20 MADAM SECRETARY: Mr. Jerger? 21 MR. JERGER: Yes, ma'am. 22 MADAM SECRETARY: Mr. Leonard? 23 MR. LEONARD: I'll abstain from voting. 24 MADAM SECRETARY: Okay. Mr. Pride? 25 MR. PRIDE: Yes, ma'am. Page 48 1 MADAM SECRETARY: Mr. Zrallack? 2 MR. ZRALLACK: Yes, ma'am. 3 MR. CHAIRMAN: All right. We appreciate 4 everybody being here this morning. I did discuss 5 with the Staff this morning if there was any other 6 business on our agenda of which there was none. We 7 left this as the sole issue. It's been heard and 8 it's been decided, and we appreciate everyone's 9 attendance this morning. 10 We're adjourned. 11 (Meeting concluded.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 1 STATE OF FLORIDA ) : SS 2 COUNTY OF ST. LUCIE ) 3 4 REPORTER'S CERTIFICATE 5 6 I, KAREN M. BELLEMARE, FPR, a Shorthand 7 Reporter, certify that the foregoing transcript, 8 Pages 1 through 48 inclusive, was transcribed from 9 an audio recording that was provided by the 10 Port St. Lucie Police Department. The transcript is 11 a true and accurate transcription to the best of my 12 ability. 13 I certify further I am neither 14 attorney nor counsel for, nor related to, nor 15 employed by any of the parties to the action, and 16 further, that I am not a relative or an employee 17 of any party in this action, nor am I financially 18 interested in the outcome of this action. 19 Dated this 29th day of September, 2021. 20 21 22 _________________________ 23 KAREN M. BELLEMARE 24 25 Page 50 A abandoned 20:13 21:15 Abandons 20:10 ability 17:15 49:12 absolutely 12:1 31:23 42:21 abstain 47:23 accept 43:3,8 accepted 44:2 accurate 49:11 action 49:15,17,18 active 24:14 activity 44:16 actual 42:14 add 14:13 39:25 added 29:23 30:1 30:13 35:2,2 addition 21:9 additional 33:15 address 6:3 8:8 14:24 18:14 22:12 25:14 28:1 32:6 32:25 33:7 adhere 20:24 adjacent 9:24 adjourned 48:10 advanced 3:8 advantage 5:22 7:20 11:20 Affidavit 18:1,11 21:23 affirm 4:1 5:4 6:7 8:12 11:13 12:14 15:2 16:5 17:1 25:18 33:8 afford 15:13 agencies 19:23 agenda 4:5 48:6 ago 10:20 13:11 agreement 15:17 19:4 ahead 17:21 31:18 36:17 ahold 11:24 ain't 14:16 Alison 16:2 allow 45:21 Altima 26:10 Amore'5:11 11:16 12:3 15:7 18:3,12 18:16 19:3,5,11 19:24 20:9,23 21:1,5,7 22:2,3 23:23 25:9 35:14 45:22,25 46:16 amount 19:12 20:3 amounts 34:15 and/or 22:3 Andrew 12:13 Angela 11:11 Annex 1:13 answer 35:5 45:9 anybody 27:3 32:19 34:8 42:2 anymore 36:8 anyways 36:20 apparently 29:6 appear 8:25 21:18 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