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HomeMy WebLinkAboutMinutes 10.21.2020 Contractor Licensing Board Minutes – Draft October 21, 2020 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 8:45 a.m. B. ROLL CALL OF BOARD MEMBERS: The roll was called. Board members Doug Davis and Roger Hudspeth II were absent. C. APPROVAL OF MINUTES: July 15, 2020 Contractor Examining Licensing Board Meeting Motion was made by Mr. Pride to approve the Minutes of the July 15, 2020 meeting. Mr. Langel seconded and the motion carried unanimously. D. 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. Vice Chairman…………………..…………………………................................... Travis Leonard ………………………………………………………………………………………… Michael DiFrancesco ………………………………………………………………………………………… Tony Jerger ………………………………………………………………………………………… Michael Pride Secretary…………...………………………………………………………………… Dan Zrallack ………………...……………………………………………………………………… Chris Langel …………....…………………………………………………………………………… Dennis Parker Chairman…..………………………………………………………………………… Doug Davis …………..…………………………………………………………………………….. Roger Hudspeth II 2 G. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. DiFrancesco to approve the applicants recommended by Consent vote. Mr. Langel seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency Timothy D. Vold Vold Painting LLC Painting Contractor Prov Marisol Ponce N/A Journeyman Electrician Prov Ana L. Rodriguez Hernandez N/A Journeyman Electrician Prov Cherisse L. Ortiz A Silva Professional Services LLC Painting Contractor GITS Pietro G. Pipicelli PG Home Service Provider LLC Painting Contractor Prov Joseph T. Clohessy Kingfisher Custom Painting LLC Painting Contractor Prov Ivan Avellaneda Palm Jr Fence LLC Fencing Contractor Prov Dale R. Del Pezzo Tropical Painting and Pressure LLC Painting Contractor Prov Joshua A. Miner Santangelo Construction LLC General Contractor Prov Larry A. Zieglowsky Zieglowsky Roofing LLC Roofing Contractor Prov Ashley C. Velazquez Purpose Property Management LLC dba Purpose Painting Painting Contractor Prov Margaret B. Mendoza Renzo Paint Contracting Inc. Painting Contractor Prometric APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. Pride to approve the applicants recommended by Reciprocity vote. Mr. Langel seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor 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. Jean Jose Linares Innovation Fence Services Corp. Fencing Contractor Michael Faurot Action Fencing Inc. Fencing Contractor Winston A. Thompson WT Lot Builders LLC dba A Now Home Repairs Interlocking Paver Contractor Elmer A. Garcia EAG Custom Painting LLC Painting Contractor Otis Leonard Otis Leonard Dock & Accessories LLC. Marine Contractor THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD: Mark A. Campi First Step Pool Fence LLC Fencing Contractor Qualifier Business Name Type of Contractor None. 3 Vice Chairman Leonard stated coming up next on the agenda is the waiver of right to a hearing for failure to pay or appeal the citation. He asked if this is where Staff has asked the Board to go ahead and move up Mr. Diaz’s case which is on page six (6) of the agenda. Officer Williams stated yes, page six (6) and seven (7). Vice Chairman Leonard stated he would like to ask the Board to turn to page six (6) and seven (7). He stated we are going to go ahead and move up Mr. Diaz as per Staff’s request. He stated he believes Mr. Diaz will be joining the meeting via zoom teams. G. CITATION APPEAL 3) Francisco F. Diaz dba Quality Air of America Inc. Vice Chairman Leonard addressed Mr. Diaz and stated good morning. He asked Mr. Diaz he was able to hear the Board clearly. Mr. Diaz answered and stated good morning, yes he can. Assistant County Attorney, Katherine Barbieri addressed the Board and stated Mr. Diaz will need to be sworn in by the Recording Secretary. She stated if he could just briefly show an ID so she can confirm it is him. The Recording Secretary confirmed Mr. Diaz identity. Mr. Diaz was sworn in by the Recording Secretary. Vice Chairman Leonard addressed Mr. Diaz and stated thank you. He asked Mr. Diaz if he has been before the Board in the past. Mr. Diaz stated yes, he believes so. He stated a long time ago. Vice Chairman Leonard stated ok. He asked Officer Cicio to enlighten the Board on the citation appeal. Officer Cicio addressed the Board and stated right now we have a case on a citation for a third offence with St Lucie County, violation of County Ordinance and a secondary case which is a companion case and a disciplinary hearing pending the citation that was issued to Mr. Diaz. Vice Chairman Leonard stated thank you. Assistant County Attorney, Katherine Barbieri addressed the Board and stated would it be the Board’s pleasure to have Officer Cicio hear both cases at once and then give you some testimony on it. Vice Chairman Leonard stated yes, please. Officer Cicio addressed the Board and stated good morning. He stated on October 16, 2018, Quality Air of America Inc. was previously issued a five hundred dollars ($500.00) citation for proceeding on a jobsite without first obtaining a local building permit. He stated the citation was paid in full and the case was closed. Officer Cicio stated on March 20, 2019, a second citation of one thousand dollars ($1,000.00) was issued to Quality Air of America Inc. for proceeding on a jobsite without first obtaining a local building permit. He stated the case resulted in a disciplinary hearing where the Contractors Licensing Board revoked the Certificate of Competency of Quality Air of America Inc. for three hundred and sixty-five (365) days. Officer Cicio stated at the July 15, 2020 Contractor Licensing Board meeting, the Board elected to re-instate the certificate of competency for Quality Air of America Inc. after the one thousand dollars ($1,000.00) citation was paid in full. He stated Quality Air paid the one thousand dollars ($1,000.00) citation in the full and the certificate of competency was reinstated. Officer Cicio stated on August 15, 2020, Staff received a worker’s compensation certificate of insurance by email from the business of Quality Air of America Inc. as part of a renewal packet for the County certification. He stated Staff noticed that the font on the certificate of insurance did not match, so Staff contacted the listed agent on the certificate of insurance. He stated according to the agent, Nissim Khalify with A & J insurance, he only writes general liability insurance for the company and not workers compensation. Officer Cicio stated the certificate of insurance which the Board sees by photo received by Quality Air of America Inc. listed policy number NHFL0055202016. He stated based upon his training and experience that policy number is for Normandy 4 Harbor Insurance Company and would have been written in 2016 and based upon the last four digits of the policy number. He stated the policy would have only been active for one (1) year. Officer Cicio stated the policy effective dates on the certificate of insurance received are listed to be 06/04/2020 through 06/04/2021 with a certificate issue date of 08/05/2020. He stated these dates are in direct contradiction of the policy number listed on the certificate of insurance. Officer Cicio stated he has had contact with the underwriter, Greta Cooke with Normandy Harbor Insurance Company and she confirmed that the certificate of insurance is not valid as they do not currently cover Quality Air of America Inc. Officer Cicio stated he was also informed by a Worker’s Compensation Investigator, Shelly Seinfeld, that the current workers compensation policy through Associated Industries for classification code 8810, which is for office clerical personnel only. He stated based upon the information received the certificate of received by email from Quality Air of America Inc. was found to be fraudulent. Officer Cicio stated on August 12, 2020, a third citation, citation no. 173 in the amount of two thousand dollars ($2,000.00) was issued to Quality Air of America Inc. for giving false information or forged evidence to Board or a member thereof, for the purpose of obtaining a certificate of competency and sent by certified mail which was delivered and signed for. Officer Cicio stated on August 17, 2020, an email correspondence was sent from the business of Quality Air of America Inc. asking why they were issued a citation. He stated Staff did respond and provided information on the citation and how to appeal. He stated he received a phone call from Mr. Erez Khteeb on August 28, 2020 and he informed him that the secretary had made a mistake with the insurance and that is was an honest error. Officer Cicio stated on August 31, 2020, an appeal letter was received by Staff and therefore the case was scheduled to the October 21, 2020, Contractor Licensing Board. He stated a Notice to Appear letter was mailed out by certified mail, which was delivered and signed for on September 8, 2020. Officer Cicio stated on August 28, 2020, an amendment was made to the Associated Industries’ workers comp policy to include classification code 5537, installation service and repairs for field workers for Quality Air of America Inc. He stated he had contact with the qualifier, Mr. Francisco Diaz and advised of the Board date. Officer Cicio stated Staff is requesting to place on Mr. Diaz’s real or personal property if the citation is not paid within thirty (30) days. He stated Staff is also requesting that since this is Quality Air of America Inc.’s third offence, that their certificate of competency and permitting privileges be suspended for a period not to exceed three hundred and sixty-five (365) days and a written request must be made to the Board to reinstate the certificate of competency and permitting privileges after a one (1) year suspension. Officer Cicio stated Staff is also requesting that the Board’s determination will be forwarded to the Florida Department of Business and Professional Regulations and the surrounding municipalities. He stated Francisco F. Diaz, qualifier of Quality Air of America Inc, does currently have an active Certified Air Conditioning license with the State. Vice Chairman Leonard stated thank you. He addressed Mr. Diaz and stated you have heard what Officer Cicio said and you have been sworn in, and we would like to hear your side of what is going on with respect to the clerical error. Mr. Diaz stated our secretary made a mistake and submitted paperwork that she shouldn’t have. He stated it did not come across him. He stated he knows that when you request a certificate of insurance, it has to come from the insurance company. He stated after they received the citation and had conversations with the Building Officials, their secretaries, and your department they corrected the error and they submitted the correct paperwork. Mr. Diaz stated it was never in their intent to fraudulently deceive or try to obtain a permit. Assistant County Attorney, Katherine Barbieri addressed the Board stated Mr. Chairman this is not Mr. Diaz talking live. She stated we do not know who is talking because the video is frozen. Vice Chairman Leonard addressed Mr. Diaz and stated we cannot see you on the video. He stated as our Attorney just said, you are frozen in time and you put a picture up. He stated we need to see you while you are speaking Mr. Diaz. Mr Diaz stated ok. He stated he will stop the video and then turn it back on. He stated it was his computer it was frozen. He asked if he should start over. Vice Chairman Leonard stated yes please if you would. Thank you. Mr. Diaz stated their secretary sent in the wrong paperwork or sent in paperwork that was expired. He stated she even put a typo in there that changed the whole policy number. He stated when they received this citation they questioned what happened and that is when they were informed that they fraudulently attempted to give false information. 5 Mr. Diaz stated they never attempted to give false information. He stated they had an active workers’ compensation policy. He stated they submitted that with the corrected policy number and agent information and everything. He stated that is basically all he can say. Vice Chairman Leonard asked Mr. Diaz how many employees he employs. Mr. Diaz answered seven (7). Vice Chairman Leonard stated you employ seven (7) and obviously he's assuming some of those work out in the field. He stated is that correct. Mr. Diaz stated correct. Vice Chairman Leonard stated so your workers comp certificate classification code, per Officer Cicio, was for clerical only. He stated then and only then after that was brought to your attention, you made the adjustment on that workman's comp certificate. He stated is that correct. Mr. Diaz yes, but we were using we were subcontracting to another company. He stated the old policy that's where we changed it. He stated he will have the Board speak to his office manager for more information. Vice Chairman Leonard stated he will need to be sworn in and provide identification. Mr. Diaz stated sure. Mr. Erez Khteeb was sworn in by the Recording Secretary. Vice Chairman Leonard addressed Mr. Khteeb and stated the question that is being asked is, if the paperwork was sent in by the office manager. He stated he’s assuming the office manager is you, Mr. Khteeb, based on what Mr. Diaz said. Mr. Khteeb stated yes, he is the office manager, but the paperwork was not sent in by him. He stated it was sent in by the secretary. He stated but he is familiar with what happened here. Vice Chairman Leonard stated so, when Staff brought it to your attention, that your workman's comp policy was only for clerical and not for the entire company with respect to field, which is not proper paperwork and not proper insurance. He stated you're saying that it was just a clerical error as well. He stated on top of the clerical error that you sent the wrong paperwork the first time. Mr. Khteeb stated we had a policy with Hartford, a different company. He stated we switched to this company in March of 2020 and when we switched to the company, the company didn't add that part of the clerical number for the installers to the policy. He stated so, that was during the time of the Corona virus and the office was closed for a couple of months. Mr. Khteeb stated they didn't have any knowledge that they didn't have those clerical codes until Staff brought it to their attention. He stated it wouldn't affect anything and there's no reason they wouldn't have that code. Vice Chairman Leonard stated well let's see, that's where you need to understand, it is your responsibility as a business owner to carry the proper insurance, in the proper class of classification codes and that's where I believe you're mistaking. Mr. Khteeb stated well again the clarification code only matters at the end of the year when they do the audit. He stated when they do the audit at the end of the year, they separate between clerical and installers. He stated so nothing changed it just wasn't listed correctly. Vice Chairman Leonard stated as Staff was saying, you did not have the proper insurance at the time. He stated you then made the insurance company correct it, after staff brought it to your attention. Mr. Khteeb stated no sir. Vice Chairman Leonard stated he does not have any more questions for Mr. Khteeb. There was further discussion among the Board, Staff, Mr. Diaz, Mr. Khteeb regarding the case. Vice Chairman Leonard asked the Board if they had any further questions for Mr. Diaz or Mr. Khteeb. There being none he asked if he could receive a motion. Mr. DiFrancesco stated he has a question for Officer Cicio. He stated so the dates were obviously altered. He asked Officer Cicio if when he received the proper insurance certificate, if it was dated after the citation was issued or before. 6 Officer Cicio asked if he was referring to the date of issuance on the top of the cert. Mr. DiFrancesco stated yes. He asked Officer Cicio if the cert showed that Mr. Diaz had the proper insurance before the date of his citation. Officer Cicio answered No sir. He stated the classification code when he submitted the correct certificate of insurance of 8810 existed and it was only on the 28th and that citation was issued on August 12th. He stated the correction and amendment to the policy under Associated Air did not occur until August 28th. He stated that is when the classification code 5537 was added to that policy. Vice Chairman Leonard stated thank you Officer Cicio. Mr. Zrallack made a motion to accept staff’s recommendation of $2000.00 citation fee to be paid within thirty (30) days, but not to revoke Mr. Diaz’s permitting privileges for three hundred and sixty-five (365) days. Vice Chairman Leonard stated we have a motion to approve the citation, but not the revoking of permitting privileges. Mr. Zrallack stated correct. Vice Chairman Leonard addressed Assistant County Attorney, Katherine Barbieri and stated we have a citation appeal and a disciplinary case, these are being heard concurrently. Assistant County Attorney, Katherine Barbieri stated yes, it is her understanding that it is being heard concurrently, and ideally the motions would be separate. She stated it is pretty clear what he is asking for, but if there is no second it will die. She stated in the future it would be nice if we could have two motions. Vice Chairman Leonard stated so we can have a motion for the citation appeal and a motion the disciplinary case as well. Assistant County Attorney, Katherine Barbieri stated yes, she will need a decision on both issues. Vice Chairman Leonard stated perfect, thank you. Mr. Zrallack stated he will change his motion. Assistant County Attorney, Katherine Barbieri addressed the Board stated she will need the minutes to reflect that it died for lack of a second. Vice Chairman Leonard stated that motion did not carry for lack of a second. Motion failed for lack of a second. Mr. Zrallack made a motion to accept staff’s recommendation of $2000.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Langel seconded and the motion carried unanimously. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. DISCIPLINARY CASE: 1) Francisco F. Diaz dba Quality Air of America Inc. Vice Chairman Leonard stated we are now moving on to the motion for the disciplinary case to suspend permitting privileges for three hundred and sixty-five (365) days. He stated the Board will have a separate motion on that as well. He stated it is very interesting he has been on the Board for four (4) years and the Board has gone back and forth in determining the fees for first offense, second offence and third offence and so on and so forth. Vice Chairman Leonard stated he thinks it is for these specific reasons why they had those discussions and have those rules in place. 7 Mr. Diaz stated he understands and he would like the Board to take into consideration that those prior two (2) offenses were for doing work without the approved permits. He stated he has an office manager taking care of permitting and everything else in Port St Lucie and he wasn’t doing his job. He stated they obtained the permits and got the final approvals and they got everything done. He stated they paid the fines and they haven’t had an issue since as far as permitting and everything else. Mr. Diaz stated they have been in compliance with everything. He stated he is asking the Board again to be lenient. He stated when it comes to the fine, the Board made a decision and that’s ok, but if the Board goes ahead and suspend their license for another year, that will be detrimental to their business. He stated it will be a big hit and they have taken a major loss already. Mr. Diaz stated he is also asking the Board to be lenient was it comes to DBPR. He stated he understands that there was a violation, but it was not intentional. He stated he would like the Board to waive the suspension and forwarding the case to DBPR for further prosecution. He stated thank you. Vice Chairman Leonard stated thank you Mr. Diaz. He asked the Board if they had any questions with regard to the disciplinary case. Mr. DiFrancesco made a motion to accept staff’s recommendation to suspend Mr. Diaz’s permitting privileges not to exceed three hundred and sixty-five (365) days. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the State and the surrounding municipalities. Mr. Parker seconded and the motion failed. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – No, Vice Chairman Leonard – No, Mr. Zrallack – No, Mr. Jerger – No, Mr. Parker – Yes. The motion failed. Assistant County Attorney, Katherine Barbieri addressed the Board stated that motion failed, but the Board can make another motion. Vice Chairman Leonard stated he apologizes, that motion failed and Mr. Diaz can continue to work in St Lucie County. Assistant County Attorney, Katherine Barbieri addressed the Board stated that motion failed, unless the board makes another decision. She stated the Board may want to make the time period shorter period or they may not want to make a disciplinary decision. She stated the Board does not have to follow Staff’s recommendation. She stated what the Ordinance states is the Board can suspend his license up to a year. Assistant County Attorney, Katherine Barbieri stated maybe the Board is thinking of a shorter date, and that is fine or they may be planning on not suspending it at all. She stated either way it is the Board’s decision, but you could hear another motion, that is what she is trying to say. Vice Chairman Leonard stated he appreciates that. Mr. Langel made a motion to accept staff’s recommendation to suspend Mr. Diaz’s permitting privileges not to exceed one hundred and eighty (180) days. Mr. Zrallack seconded the motion and the motion failed. Mr. DiFrancesco asked Mr. Langel if he would be willing to add sending the case to the State and surrounding municipalities. Mr. Langel stated he will forego that. Vice Chairman Leonard stated he has a motion to suspend Mr. Diaz’s license for one hundred and eighty days without sending the facts and finding to the DBPR. He asked for a second. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – No, Mr. Langel – Yes, Mr. Pride – No, Vice Chairman Leonard – No, Mr. Zrallack – Yes, Mr. Jerger – No, Mr. Parker – No. The motion failed. Vice Chairman Leonard stated he would like except another motion on this case. Assistant County Attorney, Katherine Barbieri addressed the Board and stated the motion can be for no sanctions at his time based on the Board may feel he had the citation. Mr. Jerger made a motion not to suspend Mr. Diaz’s license as long as he pays the citation within thirty (30) days. Motion failed for lack of a second. 8 Vice Chairman Leonard stated he will be willing to entertain another motion. Mr. DiFrancesco stated he would like to keep in consideration that this is a third offence. He stated most of them have been in business for over forty (40) years and have never been on that side of the table. He stated most of the contractors in St Lucie County have never been in front of the Board one time, much less three times, so he would like to make another recommendation. Mr. DiFrancesco made a motion to suspend Mr. Diaz’s permitting privileges not to exceed one hundred and eighty days. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the State and the surrounding municipalities. Mr. Pride seconded and the motion carried. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – No, Mr. Parker – Yes. The motion carried. Vice Chairman Leonard thanked Mr. Diaz for being at the meeting. He stated he hopes he will never see him in front of this Board again and best of luck with his business. G. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 1) Shawn Markham / SP Markham Enterprises Inc. Vice Chairman Leonard stated we will be going back to page four (4) to the waiver of right to a hearing section for Mr. Shawn Markham. He asked Officer Cicio to bring the Board up to speed on this case. Officer Cicio stated for the record he is submitting ten (10) photos taken on February 27, 2020, at the property address of 6704 Fort Walton Avenue in Fort Pierce, where staff had complaint of a residential renovation without a permit. He stated there he met with two (2) workers who were employees of Shawn Markham with SP Markham Enterprise Inc. He stated the remodel was found to include replacement of exterior T-111 siding, trim, interior paint, new floors, new kitchen cabinets, countertops and bathroom vanity replacements. Officer Cicio stated SP Markham Enterprises was found to be an unlicensed contractor. He stated a five hundred dollars ($500.00) citation, Citation No. 139 was issued to SP Markham Enterprises Inc. for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. He stated the citation was personally served to one of the employees on site and a stop work order was also posted. Officer Cicio stated he did speak with Shawn Markham on the day the citation was issued and informed him of the ways to correct the violation and he understood. He stated he also spoke to him on March 3, 2020 and again on March 19,2020 where he claimed that he will pay the citation, however, it was not his priority. He stated as of October 16, 2020, the citation remains unpaid. Officer Cicio stated he did speak to Mr. Markham yesterday, October 20, 2020, and he stated the citation will be paid by the end of the week. He stated Staff is requesting to place a lien on Mr. Markham’s real or personal property if the citation is not paid within thirty (30) days. Vice Chairman Leonard stated thank you Officer Cicio. He asked if Mr. Markham was present and would like to speak to the Board. Mr. Markham was not present. Vice Chairman Leonard asked Officer Cicio if the citation was issued back in March. Officer Cicio answered yes sir, that is correct. Vice Chairman Leonard stated Mr. Markham stated it was not his priority. Officer Cicio stated correct. Vice Chairman Leonard stated he would like to receive a motion. 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. Zrallack seconded the motion. 9 Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 2) Rene Zelaya / Zelaya’s Mobile Home Movers & Installers LLC Vice Chairman Leonard stated we will move on to Rene Zelaya. He asked Officer Cicio to let the Board know about this case. Officer Cicio stated for the record he is submitting four (4) photos taken on May 11, 2020, at the property address of 3200 S 7th St. Lot 131 in Fort Pierce, where Staff has received a complaint affidavit from the property owner, Ivania Reyes. He stated according to the complaint affidavit Mrs. Reyes contracted with Zelaya’s Mobile Home Movers & Installers LLC to relocate the mobile home from Spanish Lakes to Windsong Mobile Home Village which included permits and mobile home setup. Officer Cicio stated on the day of his inspection he found that mobile home to be set up on a pending permit. He stated Permit# 2002-0283. The contractor of record was listed to be Zelaya’s Mobile Home Movers & Installers LLC/ Rene Zelaya Romero. He stated a five hundred dollars ($500.00) citation, Citation No. 151 for proceeding on any job without first obtaining applicable local building permits was issued and served to Mr. Zelaya on May 21, 2020 personally. Officer Cicio stated Zelaya’s Mobile Home Movers & Installers LLC was found to be a state licensed contractor with a County Certification obtained on January 12, 2018. He stated as of August 17, 2020, the citation remains unpaid, so a Notice to Appear before the October 21, 2020 Contractor Licensing Board was sent by certified mail and posted at the known address for Mr. Zelaya on September 8, 2020. Officer Cicio stated he did speak with Mr. Zelaya on September 8, 2020, and he claimed that the citation will be paid. He stated as of October 19, 2020, the citation remains unpaid. He stated Staff is requesting to place a lien on Mr. Zelaya’s real or personal property if the citation is not paid within thirty (30) days. Vice Chairman Leonard stated thank you. He asked if Mr. Zelaya was present and would like to speak to the Board. Mr. Zelaya was not present. He stated he sees there two (2) cases for Mr. Zelaya. He stated a first offence and a second offence. He asked Assistant County Attorney, Katherine Barbieri if he should hear the cases individually. Assistant County Attorney, Katherine Barbieri answered yes sir. Vice Chairman Leonard stated thank you. He asked the Board if they had any questions for Staff. He stated so Mr. Zelaya is a State licensed contractor as well as he has a St Lucie County certificate of competency. He stated he is licensed. Officer Cicio stated correct, he is. Vice Chairman Leonard asked Officer Cicio if Mr. Zelaya had paid the fines or pulled any permits since he notified him back in May. Officer Cicio answered permits were approved, issued and finaled for this particular property, but the citation remains unpaid. Vice Chairman Leonard stated thank you. Mr. DiFrancesco asked Officer Cicio if the permits were obtained before the work was done or if it is an after the fact permit. Officer Cicio stated he believes the permit was applied for before the mobile home was actually placed on the property, but it stayed in a pending status for quite some time. There was further discussion among the Board and Staff regarding the citation. 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. Parker seconded the motion carried unanimously. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. Vice Chairman Leonard stated we have Mr. Zeyala as well coming up on the second offence in the packet in front of us. He asked Mr. Cicio to bring the Board up to speed on the second case for Mr. Zelaya. 10 WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 3) Rene Zelaya / Zelaya’s Mobile Home Movers & Installers LLC Officer Cicio stated for the record he is submitting two (2) photos taken by Officer Danielle Williams on May 14, 2020, at the property address of 3200 S 7th St. Lot 45 in Fort Pierce where Staff had found that a mobile home was installed without an issued permit. Officer Cicio stated computer checks revealed that Permit # 2002-0280 mobile home install including plumbing, electrical and mechanical was in a pending status. He stated the contractor of record was listed to be Zelaya’s Mobile Home Movers & Installers LLC/ Rene Zelaya Romero. He stated a one thousand dollars ($1,000.00) citation for a second offence, Citation No. 152, for proceeding on any job without first obtaining applicable local building permits was issued and served to Mr. Zelaya on May 21, 2020, personally. Officer Cicio stated Zelaya’s Mobile Home Movers & Installers LLC was found to be a state licensed contractor with a County Certification obtained on January 12, 2018. He stated as of August 17, 2020, the citation remains unpaid, so a Notice to Appear before the October 21, 2020 Contractor Licensing Board was sent by certified mail and posted at the known address for Mr. Zelaya on September 8, 2020. Officer Cicio stated he did speak with Mr. Zelaya on September 8, 2020, and he claimed that the citation will be paid. He stated as of October 19, 2020, the citation remains unpaid. He stated Staff is requesting to place a lien on Mr. Zelaya’s real or personal property if the citation is not paid within thirty (30) days. Vice Chairman Leonard stated thank you. He asked Officer Cicio if Mr. Zelaya had procured the necessary permits and final on this project. Officer Cicio stated he believes this permit is still in pending status. He dated it has not been issued yet. There was further discussion among the Board and Staff regarding the citation. Mr. DiFrancesco made a motion to accept staff’s recommendation of $1,000.00 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. Zrallack seconded the motion carried unanimously. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. Vice Chairman Leonard stated we will move on to the next case and ask Staff to present this one to the Board. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 4) Henry R. Williams / HW Road Construction LLC Officer Cicio stated for the record he is submitting three (3) photos taken on April 4, 2020 at the property address 400 Riomar Dr. in Port St Lucie where Staff had noticed that an asphalt driveway was installed on the west side of the property without a permit. Officer Cicio stated he met with the property owners Mr. and Mrs. Watkins on April 30, 2020, where he received two (2) check images, check no. 2107 made out to HW Road Way in the amount of two thousand two hundred dollars ($2,200.00) which was voided and check no. 2108 made out Henry Williams in the amount of two thousand two hundred dollars ($2,200.00). He stated per Jim Beams, Drainage and Maintenance Supervisor for Road and Bridge, a permit is required for asphalting over the driveway apron. Officer Cicio stated HW Road Construction LLC was found to be an unlicensed contractor in St Lucie County and had previously received a five hundred dollars ($500.00) citation by Staff on January 15, 2020 for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. He stated that citation was paid in full on January 21, 2020 and the case was closed. Officer Cicio stated due to a second violation a one thousand dollars ($1,000.00) citation was issued on May 1, 2020, Citation No. 148, which was served by certified mail. He stated he spoke to Mr. Williams’ spouse Bertha on May 22, 2020 and emailed an application for a certificate of competency to the business email address. 11 Officer Cicio stated as of August 17, 2020, the citation remains unpaid, so a Notice to Appear before the October 21, 2020 Contractor licensing Board was posted at the residential home address for Mr. Williams on September 8, 2020 and Staff has had no contact from the business. He stated Staff is requesting to place a lien on Mr. Williams’ real or personal property if the citation is not paid within thirty (30) days. Vice Chairman Leonard stated thank you. He asked if Mr. Williams is licensed anywhere in the State. Officer Cicio stated no sir. Vice Chairman Leonard asked Staff if Mr. Williams was in front of the Board in January of this year. Officer Cicio stated not in front of the Board. He stated he was issued a citation for a first offence in January for engaging in the business or acting in the capacity of a contractor without being duly registered or certified which was paid. There was further discussion among the Board and Staff regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $1,000.00 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 carried unanimously. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. Vice Chairman Leonard stated up next it looks like we have Mr. Williams again and he asked Officer Cicio to present the case to the Board. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 5) Henry R. Williams / HW Road Construction LLC Officer Cicio stated for the record he is submitting three (3) photos taken on June 30, 2020 at the property address 4590 Elm Ave. in Fort Pierce where Staff had noticed that an asphalt driveway was poured without a permit. He stated he met with the property owner Mr. Taylor on June 30, 2020, where he was provided with check image, check no. 1415 made out to Henry Williams in the amount of three thousand eight hundred dollars ($3,800.00). He stated he was also provided with an invoice from HW Road Construction LLC dated April 21, 2020 showing that check no. 1415 was received and that the balance of the driveway was paid in full. Officer Cicio stated per Jim Beams, Drainage and Maintenance Supervisor for Road and Bridge, a permit is required for asphalting over a driveway apron. Officer Cicio stated HW Road Construction LLC was found to be an unlicensed contractor in St Lucie County and had previously received a five hundred dollars ($500.00) citation by Staff on January 15, 2020 for engaging in the business or acting in the capacity of a contractor without being duly registered or certified and a thousand dollars ($1,000.00) on May 1, 2020 for a second offence for the same violation which remains unpaid. Officer Cicio stated due to the third violation, a two thousand dollars ($2,000.00) was issued on July 21, 2020, Citation No. 165 which was served by certified mail. He stated as of October 17, 2020, the citation remains unpaid, so a Notice to Appear before the October 21, 2020 Contractor licensing Board was posted at the residential home address for Mr. Williams on September 8, 2020 and Staff has had no contact from the business. He stated Staff is requesting to place a lien on Mr. Williams’ real or personal property if the citation is not paid within thirty (30) days. Vice Chairman Leonard stated so we have an unlicensed contractor doing work in St Lucie County. He stated it looks like soliciting based on what he is seeing on the documents provided by Staff. Mr. DiFrancesco stated in the past he had looked online for paving contractors and they also have an ad online also soliciting for work. Mr. Pride made a motion to accept staff’s recommendation of $2,000.00 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. It is further recommended that this case along with the copy of this Board’s Order be prepared and be turned over to the St Lucie County’s Sheriff’s Department for prosecution. Mr. DiFrancesco seconded the motion carried unanimously. 12 Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. Vice Chairman Leonard stated this concludes the waiver of right to a hearing section and the Board will move on to the citation appeal section of the agenda. H. CITATION APPEAL: 1) Eugene F. Santoro dba Coastal Development Corporation Officer Cicio stated there was a request for a continuance placed in the packets given to the Board. He stated it should be on the last page. He stated the qualifier is travelling right now and one of the principals of the business has medical concerns. Vice Chairman Leonard stated ok. He asked if Staff’s recommendation is to continue the case. Officer Cicio stated yes, Staff is requesting the case to be continued to the December 16, 2020 Contractor Licensing Board meeting. Mr. Langel made a motion to accept staff’s recommendation to continue the case to the December 21, 2020 Contractor Licensing Board meeting at 8:30am. Mr. DiFrancesco seconded and the motion carried unanimously. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. CITATION APPEAL: 2) Mark Hill dba Best Choice Air Conditioning & Heating Inc. Vice Chairman Leonard stated next we move on to our next citation appeal case. He asked Officer Cicio to present the case. Officer Cicio stated that case has been closed and the citation has been voided. Vice Chairman Leonard stated perfect, he likes those. He stated up next we have disciplinary case number two (2) Tricore Partner USA, LLC. I. DISCIPLINARY CASE: 2) Tricore Partners USA LLC – Darrian Kelly Officer Cicio stated there has been a continuance request by the contractor and it in the packets given to the Board. He stated the requesting a continuance due to COVID-19. He stated he has medical concerns. He stated he also spoke to property owner, Mr. Garcia and he has agreed with that, so they are requesting a continuance to the December 16, 2020 Contractor Licensing Board meeting. He stated however, please note this case was continued from the past Contractor Licensing Board meeting and it can be presented with the agreement of the Board. Vice Chairman Leonard asked Assistant County Attorney, Katherine Barbieri if the case can still be reviewed by the Board because it was previously continued from the previous meeting as a request from the contractor. He stated the Board can review the case and/or vote to continue as well. Assistant County Attorney, Katherine Barbieri stated it is her understanding that there is a request from the contractor to continue the case. She stated the homeowner is in agreement, so she does not believe there are any parties here right now. She stated it has been continued once, but it is the Board’s discretion what they want to do. Vice Chairman Leonard stated he has no further questions for Staff. He asked the Board if they had any questions or he would like to receive a motion. Mr. Langel made a motion to accept staff’s recommendation to continue the case to the December 21, 2020 Contractor Licensing Board meeting at 8:30am. Mr. Zrallack seconded and the motion carried unanimously. 13 Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – Yes, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried unanimously. Vice Chairman Leonard stated we have the last case which is a disciplinary case against Scott’s Screens & Construction Inc. He stated we were provided an email this morning at 8:00a.m. from Mr. Scott Barber stating he cannot make it on time today as he is stuck in the rain with a flat tire. He asked if Mr. Barber was able to make it to the meeting. DISCIPLINARY CASE: 3) Scott’s Screen & Construction LLC – Scott Barber Officer Cicio stated Mr. Barber is not here, but the property owners Mr. and Mrs. Beers are here. Vice Chairman Leonard stated the property owners are here. Officer Cicio stated yes sir. Vice Chairman Leonard stated hearing that Mr. Cicio please present the case to the Board. Officer Cicio stated this case was present during the July 15, 2020 Contractor Licensing Board where the Board decided to continue the case to the October 21, 2020 Contractor Licensing Board. He stated the continuance was decided upon to allow Mr. Scott Barber, contractor and Mr. and Mrs. Beers, property owners to come to an agreement with monies owed back to the Beers for contractual service that was not performed. Officer Cicio addressed the Board and stated for the record he is resubmitting: (1) A copy of the complaint affidavit received on February 14, 2020, by property owners Robert and June Beers. (2) A contract between contractor Scott Screen and Construction Inc., Mr Scott Barber and Mr. & Mrs. Beers dated on July 20, 2019. (3) A copy of check 1176 made out to Scott screen & Construction Inc. in the amount of two thousand dollars ($2,000.00) cash on July 26, 2019. (4) A copy of check 1177 made out Scott screen & Construction Inc. in the amount of fifteen thousand dollars ($15,000.00) cash on October 16, 2019. (5) Three (3) photos taken during his inspection on February 18, 2020 (6) One (1) photo take on June 30, 2020 showing a Notice to Appear posting. Officer Cicio stated on February 14, 2020 a complaint was filed against Scott’s Screen and Construction Inc., Mr. Scott Barber who contracted with Mr. and Mrs. Robert Beers on July 20, 2019 for the removal and replacement of a pool enclosure, addition of a poly room, new gutter installation, cost of drawings and permits and to clean out gutters and to add gutter guards. Officer Cicio stated on July 25, 2019, a deposit of two thousand dollars ($2,000.00) was paid to Scott’s Screen and Construction Inc. via check 1176 which was cashed on July 26, 2019. He stated on October 15, 2019 Scott’s Screen & Construction received another check no. 1177 in the amount of fifteen thousand dollars ($15,000.00) which was cashed on October 16, 2019. He stated the total contracted cost is listed to be twenty-four thousand two hundred and ninety-six dollars ($24,296.00) with a balance of seven thousand two hundred and ninety-six ($7,296.00) due upon completion. Officer Cicio stated as work did not commence as agreed Mr. & Mrs. Beers filed a complaint with the St Lucie County Sheriff’s Office with Detective David Felix on November 18, 2019 for alleged fraud against senior citizens. He stated Scott’s Screen and Construction Inc. did commence work in January 20, 2019, but only installed an unpermitted poly room to a detached garage storage building on the property. He stated additional cast obtained to the Beers was thirty-two hundred dollars ($3,200.00) paid to Josh B Concrete Perfection for concrete footers, which was permitted and eight hundred and fifty dollars ($850.00) paid by check to BSM & Associates for a lot survey. Officer Cicio stated a computer check revealed no permits for a screen room removal or construction work was applied for. He stated he met with Mr. Barber on February 18, 2020 and he admitted to starting work without a permit. He stated he claimed that he was just trying to get ahead of the job. He stated Mr. Barber claimed majority of the money paid by Mr. and Mrs. Beers was for supplies and materials that he had to procure. Mr. Barber stated that he would apply for a permit as soon as possible. Officer Cicio stated a five hundred dollars ($500.00) citation, Citation No. 138 was issued to Scott’s Screen and Construction Inc. for proceeding on a jobsite without a building permit or inspection. He stated the citation was paid in full by check on February 19, 2020. 14 Officer Cicio stated he met with Mr. and Mrs. Beers on February 18, 2020, for a site inspection. He stated they walked him around their property and showed him the unpermitted structure constructed by Scott’s Screen and Construction Inc. He stated the structure was missing custom front doors, screens which they claimed Mr. Barber had ordered. Officer Cicio stated Mr. and Mrs. Beers further claimed that they had the structure inspected by another contractor, who advised them it was not built to code and may have to be removed. He stated Mr. and Mrs. Beers broke contract with Mr. Barber due to failing to pull permits and not a providing service. He stated Mr. and Mrs. Beers did hire another contractor for a contracted price of twenty-seven thousand two hundred and twenty-five dollars ($27,225.00). He stated a cost breakdown lists twenty-three thousand seven hundred and twenty-five dollars ($23,725) for a pool cage and extended enclosure, thirty-five hundred dollars ($3,500.00) to complete the poly room under detached garage storage room to bring to code. He stated this job has been fully permitted, completed, final inspected and the contractor paid in full. Officer Cicio stated Mr. and Mrs. Beers did occur a financial hardship as they did have to pay Mr. Barber seventeen thousand ($17,000.00) out of twenty-four thousand two hundred and ninety-six ($24,296.00) for contracted price and paid the new contractor twenty-seven thousand two hundred and twenty-five ($27,225.00) in full for the work they wanted done. Officer Cicio stated he has had contact with Mr. and Mrs. Beers since our last Contractor Licensing Board meeting and they indicate that they had filed a complaint with the Better Business Bureau. He stated he has also had contact with Mr. Barber and he acknowledges the complaint filed and indicated that he is still trying to negotiate an agreeable amount to be refunded. Officer Cicio stated as a result of this case Staff is recommending to suspend the permitting privileges for Mr. Scott Barber dba Scott’s Screen and Construction Inc. for a term not to exceed ninety (90) days. He stated Mr. Barber is not here and Mr. & Mrs. Beers are here. Vice Chairman Leonard stated thank you Officer Cicio. He addressed Mr. and Mrs. Beers and stated he does remember their case very well from a couple of months ago and asked if they would like to come up to the podium and be sworn in by the Recording Secretary. Mr. and Mrs. June Beers was sworn in by the Recording Secretary. Vice Chairman Leonard addressed Mr. and Mrs. Beers and thanked them for being at the meeting. Mrs. Beers addressed the Board and stated she wants to say one thing. She stated went to the Better Business Bureau and whatever is happening with that they give you ten (10) days to do something and if you don’t do it you are out. He stated you have to produce some more paperwork and go back and forth with Scott. She stated they were very timely on everything they had submitted with them. Mrs. Beers stated they went to the Better Business Bureau because she does not want anyone else to have the experience that they had with Mr. Barber. She stated she does not want Mr. Barber to not be able to work and she understands that they are old people. She stated she started this project in July of 2019 and the were to many delays and they could not do anything because he never came to do the job. There was further discussion among the Board, Mr. and Mrs. Beers and Staff. Vice Chairman Leonard tanked Mr. and Mrs. Beer for their time and for complimenting Staff for their hard work. He stated the Board is blessed to have them. He stated he remembers the exact phrase is used at the last meeting when he stated he restored his faith in humanity when Mr. Barber promised the Board that he would take care of making right for them. Vice Chairman Leonard stated unfortunately the Board cannot help monetary wise with respect to that as he is sure that they are continuing with that process. He stated he hopes it will all work out soon for them. He stated them as a Board can only do so much and they are going to discuss it amongst themselves as to what Mr. Barber has done. Mr. Beers stated he wanted to add that Officer Cicio was a great help to them. Vice Chairman Leonard thanked the Beers. Mr. DiFrancesco stated based on the last meeting, he is reading from the minutes from Mr. Jerger’s statement and he stated “Mr. Barber, can you just make it right. He stated make it right please.” He stated Mr. Barber answered “Absolutely, he has ten thousand dollars in cash in his truck that he brought today to resolve the matter, so he is prepared” He stated Vice Chairman Leonard stated “You have been provided sixty (60) days or a little bit longer and he has faith in humanity, and he has faith that he will not see him again”. Vice Chairman Leonard stated we are definitely not going to see him again. Mr. DiFrancesco asked Mr. Cicio what was the recommendation. 15 Officer Cicio stated the recommendation was for ninety (90) days. Mr. DiFrancesco asked Officer Cicio if the previous recommendation for the previous meeting three hundred and sixty-five (365) days. Officer Cicio stated yes it was. Mr. DiFrancesco asked Officer Cicio why it was reduced. Officer Cicio stated it was due to the fact that they were working in arbitration is the reason why Staff decided to reduce it. He stated it seemed like both parties were trying to make it right. He stated that was the impression that he was getting from both parties. Vice Chairman Leonard stated one party is trying to make it right and the other party is dragging their feet. He asked Officer Cicio what are counties does Mr. Barber have licenses. Officer Cicio stated he does not know. Vice Chairman Leonard addressed the Recording Secretary and stated well done on the Minutes. He stated he was very disappointed in Mr. Barber. Mr. DiFrancesco stated he does not think Staff’s recommendation goes far enough. He stated ninety (90) days is not enough. He stated he does not know what the Board can do right now. He asked if the Board can revoke Mr. Barber’s license. He stated if he knew his license was on the line, he would not let a flat tire prevent him from attending the meeting. Vice Chairman Leonard stated he also believes it is his first offence. Mr. DiFrancesco stated he also said he would make it right. He stated he was given the opportunity to make it right. Vice Chairman Leonard stated Mrs. Beers did say she does not want his license taken from him. Mr. Parker stated if he did not want his license taken from him, he would find a way to be here today. He stated he could call an Uber. He stated he could do whatever he wanted to get over a flat tire. Vice Chairman Leonard stated he agrees. He stated this world allows us ample opportunities to make things right. Mr. Zrallack stated he has a question for Staff. He stated if the Board suspends his license for three hundred and sixty-five (365) days, can he request to be reinstated before the three hundred and sixty-five (365) days if the issue is resolved. Assistant County Attorney, Katherine Barbieri stated if the Board makes that as a condition. She stated the Board can either make it a condition upon proof to Staff that he has resolved the issue make it automatic or they could come back to the Board. Vice Chairman Leonard addressed Assistant County Attorney, Katherine Barbieri and stated who would the Board get confirmation from that the issue is resolved. Assistant County Attorney, Katherine Barbieri stated Staff would have to interpret your definition of resolution. She stated Staff would probably look to the homeowner and the contractor to get an affirmative statement from both of them that it is resolved. Mr. Zrallack made a motion to revoke the certificate of competency for Scott Barber dba Scott’s Screen & Construction Inc. for a term not to exceed three hundred and sixty-five (365) days and recommend that after the revocation period, Mr. Barber must request to be reinstated before the Contractor Licensing Board. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the surrounding municipalities. Mr. Langel seconded and the motion carried. Vice Chairman Leonard asked for a roll call vote. Mr. DiFrancesco – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Vice Chairman Leonard – No, Mr. Zrallack – Yes, Mr. Jerger – Yes, Mr. Parker – Yes. The motion carried. J. OLD BUSINESS: None. K. NEW BUSINESS: Discussion on revised Contractor’s Examining Board Ordinance. 16 Vice Chairman Leonard stated he read the Ordinance. He asked the Board if they had questions on the paperwork they received to review. He asked Assistant County Attorney, Katherine Barbieri if she wanted a vote on the Ordinance. Assistant County Attorney, Katherine Barbieri stated yes. She stated the Board of County Commissioners will definitely ask Staff what is the Contractor Licensing Board’s comments on it and what their position is. She stated they put much faith into this Board, so she will need to be able to tell them that the Board saw it and these were their comments on it. Assistant County Attorney, Katherine Barbieri stated if the Board needs Staff to verbally go through the Ordinance they will. She stated she believes the written summary is excellent. She stated it is to clean up some of the disciplinary things to hopefully make it easier for the Board and to clean up some of the languages. There was further discussion among Staff and the Board regarding the revised Ordinance. Mr. Zrallack made a motion to approve Staff’s proposed amendments to the Contractor’s Examining Board’s Ordinance. Mr. Langel seconded and the motion carried unanimously. ADJOURNMENT: The meeting was adjourned at 10:27 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, December 16, 2020 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Dan Zrallack, Board Secretary Or Doug Davis, Chairman