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Home My WebLink AboutAgenda 05-21-2008 Revised 5/16/2008 P R E S S // R E L E A S E AGENDA CONTRACTOR EXAMINING BOARD COMMISSION CHAMBERS – ROGER POITRAS ANNEX May 21, 2008 8:30 A.M. A. CALL TO ORDER B. ROLL CALL OF CONTRACTOR EXAMINING BOARD MEMBERS C. APPROVAL OF MINUTES OF: APRIL 16, 2008 CONTRACTOR EXAMINING BOARD D. SWEAR IN STAFF MEMBERS E. APPLICATIONS TO BE APPROVED F. CITATION APPEAL G. DISCIPLINARY CASES H. OLD BUSINESS I. NEW BUSINESS J. PUBLIC COMMENTS NOTE: THE NEXT CONTRACTOR EXAMINING BOARD HEARING WILL BE HELD ON JULY 16, 2008 IN THE COMMISSION CHAMBERS OF THE ROGER POITRAS ANNEX AT 8:30 A.M. NOTICE: All proceedings before the St. Lucie County Contractor Examining Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Contractor Examining Board, at this meeting, will need a record of the proceedings, and for such purpose may need to assure that a verbatim record of the proceedings is made. Page 1 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 E. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY CONSENT: Qualifier Business Name Type of Contractor Russel Lumsden Gatesystems Unlimited, Inc. Fence Specialty Contractor Andrew Norman Andrew Norman Tenneboe Journeyman Electrician Tenneboe Joseph L. Timaitre Joseph L. Timaitre Journeyman Electrician Wayne E. Bragg Precise Painting of St. Lucie Painting Specialty Contractor County, LLC Landis Wright Wright & Ragland Electrical Electrical Registered Contracting, LLC Contractor Patrick Norbert Guettler Innovation Irrigation, LLC Sprinkler Irrigation Contractor Charles McKenna Storm Team Shutters LLC Hurricane Protection Specialty Contractor THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY RECIPROCITY: Qualifier Business Name Type of Contractor Joseph A. Rosso, II Rosso Paving & Drainage, Inc. Paving Specialty Contractor Frank E. Pacacha All Star Carpentry Corp. Carpentry Specialty Contractor Catherina E. Nesci Nesci Tile and Marble, Inc. Tile & Marble Specialty Contractor Steven Brian Ditzel Stevee D. Electric, Inc. Electrical Registered Contractor Rupert L. Jones East Coast Shutter Man, Inc. Hurricane Protection Specialty Contractor Mark J. Okerman Pinnacle Painting & Painting Specialty Contractor Waterproofing, Inc. THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR APPROVAL BY REVIEW: Page 2 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Qualifier Business Name Type of Contractor NONE THE FOLLOWING APPLICATIONS WERE APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE (names to be read into record): Qualifier Business Name Type of Contractor Daryle Allen Walke Tile It Of The Treasure Coast, Tile & Marble Specialty Inc. Contractor Robert Richard Jasper Robert Jasper, LLC Concrete Specialty Contractor Vitali Boderak Pools By Vitali, Inc. Pool/Spa Residential Contractor Leroy William Wise Wise Choise Plumbing, Inc. d/b/a Plumbing Registered Mr. Rooter Of IR, St. Lucie & Contractor Okeechobee Counties James Joseph Young, Jr. Records Vault Inc., d/b/a Interlocking Paving Contractor Encompass Brick Pavers F. CITATION APPEAL: Page 3 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 AGAINST: WJM Building Resources Inc. VIOLATION: Working without a Certificate of Competency in St. Lucie County INVESTIGATOR: Swendy Ariyanayagam RECOMMENDATION: $500.00 G. DISCIPLINARY CASES: Page 4 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 AGAINST: Scott’s Screen LLC Complaint(s) filed by: Staff Investigator: Monica Barrios Staff Recommendation: That the Certificate of Competency will be suspended until all expired permits are renewed and receive a final inspection. Term of suspension is not to exceed one (1) year. Scott’s Screen LLC Qualifier: Scott Barber Certificate of Competency # 24365 Expired Permit Summary Type of Contractor: Aluminum w/out Concrete Licensed in St. Lucie County since: 03/21/2007 Type of Permits: Aluminum Total Number of Permits Expired: 1 First Notification to the Company: 01/10/2008 Follow-ups: Fax, phone and letter. Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. Page 5 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Expired Permits by Contractor Company Permit Number Date Applied Permit Type Contractor Date Expired Address Comb City SCOTT'S SCREEN LLC 0705-0273 5/16/2007 BP 24365 12/17/2007 FORT PIERCE Page 6 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 AGAINST: Advanced Hurricane Protection Complaint(s) filed by: Staff Investigator: Monica Barrios Staff Recommendation: That the Certificate of Competency will be suspended until all expired permits are renewed and have received final inspection. Term of suspension is not to exceed one (1) year. Advanced Hurricane Protection Qualifier: John J. Zervopoulos Certificate of Competency # 23369 Expired Permit Summary Type of Contractor: Hurricane Protection Licensed in St. Lucie County since: 12/05/2005 Type of Permits: Storm Shutters Total Number of Permits Expired: 1 First Notification to the Company: 04/15/2008 Follow-ups: Letter Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. Page 7 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Expired Permits by Contractor Company Permit Number Date Permit Contractor Date Address City Applied Type Expired Comb ADVANCED HURRICANE 0706-0136 6/7/2007 SS 23369 12/4/2007 FORT PROTECTION PIERCE Page 8 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 AGAINST: A+ Fence Co. Of The TC Complaint(s) filed by: Staff Investigator: Monica Barrios Staff Recommendation: That the Certificate of Competency will be suspended until all expired permits are renewed and have received final inspection. Term of suspension is not to exceed one (1) year. A+ Fence Co. Of The TC Qualifier: Kennith Maddens Certificate of Competency # 22501 Expired Permit Summary Type of Contractor: Fence Licensed in St. Lucie County since: 03/02/2008 Type of Permits: Fence Total Number of Permits Expired: 2 First Notification to the Company: 04/15/2008 Follow-ups: Letter Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. Page 9 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Expired Permits by Contractor Company Permit Number Date Permit Contractor Date Address City Applied Type Expired Comb A + FENCE COMPANY OF 0708-0375 8/27/2007 FP 22501 2/25/2008 FORT THE TREASURE COAST PIERCE Page 10 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 INVESTIGATIVE REPORT By: CARL BROME AGAINST: GREGORY K WIGHAM DBA WO GREGORY CONSTRUCTION INC 23291 CBC1253414 THIS ACTION AGAINST GREGORY K WIGHAM WITH WO GREGORY CONSTRUCTION INC WHO HOLDS A LICENSE AS BUILDING CONTRACTOR IS THE RESULT OF AN INVESTIGATION BASED UPON A COMPLAINT FILED BY THE SLC STAFF AND MR. ADAM DIMARCO, WHO RESIDES AT 107 NE NARANJA AVE. AN INVESTIGATION REVEALED THE FOLLOWING VIOLATIONS: Sec 2-5-19: Prohibited activities (9) Commit any willful, fraudulent act as a contractor as a result of which another is financially injured. Sec. 2-5-20: Revocation or suspension of certificates of competency. (3) Willfully disregards and violates an applicable state or local building code, regulation or law. (10) Committing fraud or deceit or other misconduct in the practice of contracting. ST ON MARCH 21 2007 WE RECEIVED A FORMAL COMPLAINT AGAINST WO GREGORY CONSTRUCTIN INC. THE CONTRACT WITH WO GREGORY CONSTRUCTION INC AND THE HOMEOWNER WAS FOR THE REPLACEMENT OF THE STORM DAMAGED POOL ENCLOSURE WAS SIGNED ON TH NOVEMBER 18 2005. THE HOMEOWNER HAS PAID THE FULL AMOUNT OF $17,828 CONTRACTED PRICE PLUS AN ADDITIONAL AMOUNT OF $686. AS OF TODAY, THE STRUCTURE HAS BEEN BUILT BUT HAS FAILED THE FINAL INSPECTION DUE TO SEVERAL DISCREPENCIES, AND NOW THE PERMIT HAS EXPIRED. MR DIMARCO WANTS HIS STRUCTURE TO PASS THE FINAL INSPECTION. STAFF HAS BEEN IN CONTACT WITH THE CONTRACTOR BUT HAVE BEEN UNABLE TO RESOLVE THIS ISSUE THE CONTRACTOR ALSO HAS 3 EXPIRED PERMITS IN ST LUCIE COUNTY. Page 11 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 IF MR GREGORY IS FOUND IN VIOLATION OF THE ABOVE CHARGES IT IS THE RECOMMENDATION OF THE CODE COMPLIANCE DIVISION THAT THIER PERMITTING PRIVILEDGES BE SUSPENDED IN ST LUCIE COUNTY UNTIL ALL EXPIRED PERMITS HAVE BEEN RENEWED AND PASSED THEIR FINAL INSPECTIONS. THE TERM OF SUSPENSION IS NOT TO EXCEED ONE YEAR. IT IS FURTHER RECCOMMENDED THAT A COPY OF THE FINDINGS OF FACTS IN THIS CASE BE SENT TO THE STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL RUGULATION FOR CERTIFIED BUILDING CONTRACTORS. Page 12 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Expired Permits by Contractor Company Permit Number Date Permit Contractor Date Address City Applied Type Expired Comb W O GREGORY 0608-0050 8/2/2006 PE 23291 12/10/2007 PORT ST CONSTRUCTION INC LUCIE W O GREGORY 0711-0065 11/7/2007 BP 23291 5/5/2008 FORT CONSTRUCTION INC PIERCE W O GREGORY 0609-0042 9/5/2006 PE 23291 4/4/2008 PORT ST CONSTRUCTION INC LUCIE W O GREGORY 0603-0485 3/15/2006 PE 23291 4/4/2008 PORT ST CONSTRUCTION INC LUCIE Page 13 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 AGAINST: Alton M. Silver, III Corp. Complaint(s) filed by: Staff Investigator: Swendy Ariyanayagam Staff Recommendation: That the Certificate of Competency will be permanently Revoked in St. Lucie County. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. Alton M. Silver, III Corp. Qualifier: Alton M. Silver, III Certificate of Competency # 21202 Expired Permit Summary Type of Contractor: Residential State Registered # RR0067698 Licensed in St. Lucie County since: 2004 Violation: SLC CCL 2-5-20 Revocation or Suspension of Certificate of Competency Sub section (3) Willfully disregards and violates an applicable state or local building code, regulation or law. *SLC Land Development Code: 11.05.01 (2) a. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within eighteen (18) months from the date of issuance of the Building Permit, except that the time may be extended by the building official. H. OLD BUSINESS: 1. Danny Joe MacFarland Page 14 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 D M Agriculture 2. Hill & Hill Painting Corp. Daryl D. Hill HILL & HILL PAINTING CORP DARYL D HILL CERTIFICATE OF COMPETENCY # 20604 Type of Contractor: Painting Licensed in St. Lucie County Since: 10/01/03 This case was brought before the Licensing Board April 18, 2007. Please see attached copy of the minutes for that meeting: COPY Against: Local Painter) Daryl D. Hill, d/b/a Hill & Hill Painting Corp., ( for violation of St. Lucie County Code and Compliance Laws Section 2-5- 19 Subsection (9) Compliant(s) Filed by: Staff and Bram Broder, 5510 Cassia Dr. Investigator: Monica Barrios Staff Recommendation: This is to be a civil matter. Ms. Ariyanayagam reviewed the matter and said staff conducted several off-site visits. The homeowner is unsatisfied with the quality of the work, and claimed additional damage was done to the property. That the contractor stated all parties understood there was water damage to the house caused by a hurricane, and after speaking to staff the contractor agreed to provide a complete contract refund of $7,431.00. The homeowner refused the refund and said the damage to the property was now more than the contract itself. Staff recommended this is to be a civil matter and the homeowner requested an appearance before the Board. This matter was scheduled twice before, and Mr. Hill had representatives present both times, the meetings were canceled without 24 hours notice, and Mr. Broder did not attend. *** Ms. Ariyanayagam read Mr. Hill’s letter indicating why he was not attending today’s meeting and explained the reason for the two canceled meetings. Page 15 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 Mr. Davis confirmed the proper application and permitting had been done. Ms. Ariyanayagam said it was a painting job that did not require inspection. Staff did go out there to look at what was done. Bram Broder, 5510 Cassia Dr., Fort Pierce, Fl., was sworn in by Ms. Knott. He displayed photos and said that Mr. Hill was incompetent, refused to come to the house and he refused the refund because the damages were exceeded by seven times that amount. He reviewed his complaint about the wrong paint being used, that he had his own study done to prove it (copy was provided with the qualifications of those doing the study were displayed), that the wood exterior of the house has been destroyed and devalued, Mr. Hill breached the contract, and harassment has continued over the past year. Mr. Davis explained the Board couldn’t form an opinion without an investigation and hearing from the contractor. Ms. Ariyanayagam said Mr. Hill has been in business for a long time, he has had recommendations indicating he does a good job and staff does not have expertise to comment on the painting. Staff consulted with representatives of Sherwin Williams Paint, whose opinion was that the problem was due to moisture (letter was read on the paint blistering), that water was still entering the home and until the source of moisture is addressed and corrected, it is counterproductive to recoat the house. Staff has determined it was a civil matter, but if the Board decides to continue this to a Disciplinary case, staff requests the contractor be allowed to be re-noticed. Mr. Broder reiterated what had occurred and wanted to submit a report for the record showing complete failure of the job. Mr. Davis asked the Board if they agreed with staff on this remaining a civil matter, and if they should accept testimony and information or the report as part of their responsibility. Mr. Langel thought it was a civil matter and if Mr. Broder prevailed in civil court, to come back before the Board. Mr. Broder questioned what happens if a settlement occurs. Mr. Langel thought he would have to contact staff to bring it back. Mr. Mitchell commented that if a permit wasn’t required, maybe that needed to be looked into and the standards improved to protect citizens through the changing of the permitting process. Discussion ensued on the house still leaking, that Mr. Broder is siding the house, and the alleged fraud violation. ?? Mr. Mitchell made a motion to accept staff’s recommendation that it remain a civil matter. ** Mr. Curtis seconded the motion. Mr. Davis discussed Mr. Mitchell’s comment to investigate bringing painting into the inspection realm. Discussion ensued on small, touch-up jobs not needing that, but to think about undertaking the process. Ms. Ariyanayagam said staff will take it into consideration and check with other municipalities. Page 16 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 ?? Mr. Mitchell agreed to include as part of his motion Mr. Davis’ comment, “That staff investigate whether we should or should not undertake permitting and inspections of certain painting projects, maybe not all, but whether the whole issue of painting should come under our wing.” Mr. Dunkelberger asked if they could add to the motion, “This is open to come back in front of the Board as Mr. Langel suggested depending on whether the civil or settlement outcome of this is what the experts laid out.” Mr. Davis believed it would automatically would come back to the Board if there was a civil hearing and civil binding of fault. Ms. Ariyanayagam said it would not. Mr. Davis concurred with Mr. Dunkelberger’s amendment to the motion. Mr. Curtis concurred. ?? Mr. Dunkelberger said, “We would leave this case open to come back in front of the Board pending the outcome of the civil case.” ** Mr. Curtis seconded the amended motion. A voice vote was taken: Mr. Dunkelberger-yes; Mr. Davis-yes; Mr. James-yes; Mr. Langel-yes; Mr. Curtis-yes; Mr. DiFrancisco-yes; Mr. Mitchell-yes. The motion carried unanimously. Mr. Broder thanked the Board for the opportunity to appear and discuss the case and Mr. Davis noted Mr. Broder was a friend. NEW BUSINESS: I. 1. Discuss Requiring Fingerprinting of New Contractors. Page 17 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc Revised 5/16/2008 PUBLIC COMMENTS J. : Page 18 of 18 C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\Agenda for Board of Examiners of Contractors 05-2008.doc