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HomeMy WebLinkAboutMinutes 03-19-2008 MINUTES OF THE ST. LUCIE COUNTY Board of Examiners of Contractors Meeting Held in Commission Chambers County Administration Building 2300 Virginia Avenue, Fort Pierce, FL Monday, March 19, 2008 PRESENT Vice Chairman.........................................................................................................Fred Rohrbough Members..................................................................................................................Craig Dunkelberg .............................................................................................................................Charles James .............................................................................................................................John Langel .............................................................................................................................Sean Mitchell .............................................................................................................................Capt. Derek Foxx ABSENT Chairman... (Excused)..............................................................................................Douglas Davis Members .............................................................................................................Haydn Curtis .............................................................................................................................Fred Vaughn ................................................................................................................................. Michael DiFrancesco STAFF PRESENT AssistantCounty Attorney.....................................................................................Heather Lueke Code Compliance Manager..................................................................................Chris Lestrange Code Enforcement Assistant Manager..................................................................Joseph Mulé Contractor Licensing Supervisor...........................................................................Swendy Ariyanayagam Contractor Licensing Investigator..........................................................................Monica Barrios Licensing Investigator...........................................................................................Carl Brome Staff Secretary......................................................................................................Elizabeth Lifland Board Recorder....................................................................................................Mary Holleran * Indicates a motion ** Indicates a vote A. CALL TO ORDER The meeting was called to order at 8:35 a.m. by Vice Chairman, Fred Rohrbough. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present except Douglas Davis, Michael DiFrancesco, Haydn Curtis and Fred Vaughn. C. APPROVAL OF MINUTES – February 18, 2008 Contractor Examining Licensing Board: ?? Motion was made by Mr. Langel to approve the Minutes of the February 18, 2008 Contractor’s Licensing Examining Board Meeting. ** Mr. Mitchell seconded and the motion carried unanimously. D. SWEARING IN OF STAFF The following staff members were sworn in by the staff secretary: Chris Lestrange, Joseph Mulé, Monica Barrios, Carl Brome and Swendy Ariyanayagam. E. APPLICATIONS TO BE APPROVED: No applicants were pulled for discussion or consideration. BY CONSENT VOTE: BOARD OF EXAMINERS OF CONTRACTORS MEETING February 18, 2008 ?? Motion was made by Mr. Mitchell to approve the applicants recommended by Consent vote. ** Mr. James seconded and the motion carried unanimously. Mr. Mitchell noted that Travis P. Lynch had taken the exam on May 9, 1991, and much time had elapsed. Ms. Ariyanayagam explained he had a Journeyman Electrician’s license, when it lapsed he had to re-apply and his old scores were used. The names were read into the record: QualifierBusiness Name Type of Contractor Thomas W. Parker Parker Homes, Inc. Residential Contractor Todd A. Toussaint Todd Anthony Toussaint Journeyman Electrician Ronny G. White Ronny White, LLC Concrete Contractor Travis P. Lynch Travis P. Lynch Journeyman Electrician Joseph G. Varvaro Joseph Gerard Varvaro Journeyman Electrician Victor F. Loth Electric Energy Savers, LLC Electrical Contractor Russell David Sutton A-Z Construction & Design, Inc. BuildingContractor APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: ?? Mr. Langel made a motion to approve the applicants recommended for approval by reciprocity. ** Mr. James seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Linda M. Jones Linda Marie Jones Master Electrician (non contractor) John M. David Sun Deck Concrete, Inc. Concrete Contractor Robert P. Forsythe Robert P. Forsythe Journeyman Electrician Matthew David Bauer M & M Design & Color, Inc. Painting Contractor Gary Michael Hemstreet Folding Shutter Corp. Aluminum w/o concrete- Specialty Contractor Reinaldo Guillermo Burac Reinaldo G. Burac Journeyman Electrician William K. Emerson WEIG Communications, Inc. Communication & Sound Contractor Warwick Faulkner KIWI Contractors, LLC Residential Contractor Gary Landmesser Gary Landmesser, Inc., d/b/a Awing Contractor Hurricane Solutions by Gary 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. Qualifier Business Name Type of Contractor Toby J. Lamm TKAT Services, Inc. Painting Contractor John Harbinson Accent Door of So. Fla., Inc. Garage Door Installation F. DISCIPLINARY CASES: Against: George H. Pastor & Sons, Inc., Qualifier, George H. Pastor, C/C# 22438 Expired Permit Summary Page 2 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING February 18, 2008 Ms. Ariyanayagam explained this case was removed and no action was necessary. Against: Screen Professionals, Inc., d/b/a AFT Signs of Brevard County, Inc. Qualifier: Charles Asher, C/Competency #24356 State: SCC 131149939 Expired Permit Summary Violation: SLC CCL 2-5-19: Prohibited Activities: Sub sections: (9) Commit any willful, fraudulent act as a contractor as a result of which another is financially injured. (12) Commence or perform work for which a county building permit is required without obtaining the appropriate approval. SLC CCL 2-5-20: Revocation or suspension of Certificate of Competency (3) Willfully disregards and violates an applicable state or local building code, regulation or law, and; (10) Proceeds on any construction job without first obtaining and posting the required county building permits and scheduling required inspections. SLC Land Development Code 11.05.01, (2) a. Time Limitation of Building Permits. Complaint(s) filed by: Staff Investigator: Monica Barrios Ms. Barrios reviewed the violations and submitted information relating to the case, including five photos and a list of the expired permits. The permit for a screen enclosure at 7305 Mystic Way was expired without receiving a final inspection. When Pioneer Screen Co., Inc. was notified of the expired permit, they requested the permit to be voided (letter provided). In May, 2007 staff inspected the property and confirmed the screen enclosure was completed and notified the homeowners, Mr. and Mrs. Richards, of the violation. Mrs. Richards provided a letter indicating that Screen Professionals only provided a quote for the enclosure and said no structural work was performed. The contractor can not be found after repeated phone calls, the phone number is disconnected, and the address is no longer valid. In January, 2008 Mrs. Richards filed a complaint against Charles Asher/b/a Screen Professionals for completing the work without a permit. (Copies of an invoice and checks totaling $10,300.00 were displayed). As of 3/19/08 the permit is still expired and has not been renewed. Staff Recommendation: If Screen Professionals Inc., d/b/a AFT Signs of Brevard County Inc., Charles Asher Qualifier is found in violation of the above charges that the permitting privileges be revoked in St. Lucie County. It is further recommended that a copy of the findings of facts in this case and the Board’s Order be sent to the State Department of Business and Professional Regulation. No one was present to represent Charles Asher. Mrs. Patricia Richards, 7305 Mystic Way, Port St. Lucie was sworn in by Ms. Lifland. She stated that she tried to contact Screen Professionals, they have not returned her calls, she paid them in good faith and would like to see their license revoked at both the County and State level. She intends to file a civil suit at the State level and has contacted their attorney to forward her e-mail to him. To tear down the structure the cost has been estimated at $14,000.00. Mr. Rohrbough asked if the screen enclosure had been inspected by the Building Dept. Ms. Ariyanayagam said no and was unsure if the structure was sound. An application for the entire screen enclosure would require an architect and engineer to sign off in order to get a permit. The Board discussed the costs for re-permitting versus tearing it down. ?? Mr. Langel made a motion and said I hereby move in reference to the complaint against Charles Asher, Screen Professionals, Inc., d/b/a, AFT Signs of Brevard County, Inc., that the Board make the following determination: After hearing the facts in this case, the testimony and the recommendation of Staff with regards to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. Charles Asher shall have his license suspended in St. Lucie County for one year Page 3 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING February 18, 2008 and a copy of the findings of facts in this case and the Board’s Order be sent to the Florida Licensing Industry Construction Board. ** Mr. James seconded and the motion carried unanimously. Against: William J. Chalifoux, d/b/a William J. Chalifoux, Inc. Qualifier, William J. Chalifoux, C/Competency # 21157 Expired Permit Summary Violation: SLC CCL 2-5-20 Revocation or suspension of Certificate of Competency Subsection (3) Willfully disregards and violates an applicable state or local building code, regulation or law; and SLC Land Development Code 11.05.01, (2) a. Time Limitation of Building Permits. Complaint(s) Filed by: Staff Investigator: Swendy Ariyanayagam Ms. Ariyanayagam provided a list of the eleven expired permits. Staff notified Mr. Chalifoux of the expired permits on 8/7/06. The eleven roofing permits were to be renewed and receive a final inspection. Mr. Chalifoux was scheduled before the Licensing Board in 2007 and he asked for more time to bring the permits into compliance, as no final inspections were made. Mr. Chalifoux did make an attempt to get it done, and was given more time in order to finish the jobs. If his license is revoked, all of those jobs will be without a permit and not get completed. As of 3/19/08 the permits remain expired. Staff Recommendation: That the permitting privileges will be suspended until all expired permits are renewed and receive final inspection. The term of suspension is not to exceed one year. It is further recommended that a copy of the findings of facts in this case and the Board’s Order be sent to the Florida Construction Industry Licensing Board for the Registered Roofing Contractor’s License be placed for review. No one was present to represent to represent William Chalifoux. Mr. Langel made a motion in reference to the complaints against William Chalifoux that the Board make the following determination: After hearing the facts in this case, and the testimony and recommendation of Staff with regards to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. William Chalifoux shall have his Certificate of Competency suspended in St. Lucie County for one year for pulling new permits, and is limited to pulling permits for completing the jobs on file. ** Mr. James seconded and the motion carried unanimously. G. OLD BUSINESS: Against: CAVALIER PLUMBING, INC., Qualifier, Eric J. Foster, C/C #23197, Licensed in St. Lucie County since 2006, (1) Expired permit Investigator: Carl Brome Mr. Brome said the permits were taken care of, there are none outstanding. Ms. Ariyanayagam said the Board last month gave one month to Mr. Foster to see the progress he made, and this information is for the Board’s follow-up review only. No action is necessary. H. NEW BUSINESS: Page 4 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING February 18, 2008 Ms. Ariyanayagam advised the Board that Fred Vaughn has stepped down from the Board for personal reasons and they are awaiting a new appointment by the Board of County Commissioners. A Happy Easter was wished to all. I. PUBLIC COMMENT: None J. ADJOURNMENT: There was no further business and the meeting was adjourned at 9:05 a.m. Respectfully submitted, -------------------------------------------------- Craig Dunkelberger, Board Secretary ----------------------------------------------------- Mary F. Holleran, Specialist Consultant Page 5 of 5