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HomeMy WebLinkAboutMinutes 04-16-2008 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 Wednesday, April 16, 2008 PRESENT Chairman ................................................................................................................Douglas Davis Vice Chairman.........................................................................................................Fred Rohrbough Members..................................................................................................................Haydn Curtis ....................................................................................................................Charles James .............................................................................................................................John Langel @ 8:40 a.m. .............................................................................................................................Michael DiFrancesco .............................................................................................................................Capt. Derek Foxx ABSENT Members -Excused..................................................................................................Craig Dunkelberger Members -Excused...............................................................................................Sean Mitchell Mr. Davis suggested making note of those members with an excused absence. STAFF PRESENT AssistantCounty Attorney.....................................................................................Kathryn MacKenzie-Smith 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 8:37 a.m. by Chairman, Douglas Davis. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present except excused members Craig Dunkelberger and Sean Mitchell. C. APPROVAL OF MINUTES – March 19, 2008 Contractor Examining Licensing Board: ?? Motion was made by Mr. Rohrbough to approve the Minutes of the March 19, 2008 Contractor’s Licensing Examining Board Meeting. ** Mr. James 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 Mule’, 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 April 16, 2008 ?? Motion was made by Mr. James to approve the applicants recommended by Consent vote. ** Mr. Curtis seconded and the motion carried unanimously. The names were read into the record: QualifierBusiness Name Type of Contractor David Liss Liss Electrical Services, Inc. Electrical Registered Contractor Richard H. Beebe, Jr. Absolute Concrete Service, Inc. Concrete Specialty Contractor Patrick J. Galligan Patrick J. Galligan Journeyman Plumbing Contractor Mel H. Clay Homeworks Remodel & Repair, Inc. Residential Registered Contractor George Thomas Warner Warner Realty Group, LLC –d/b/a Tom Warner Custom Woodworking Finish Carpentry Specialty Contractor Glenn Allen Triplett Tier One Communication, LLC Sound & Communication Contractor APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: ?? Mr. James made a motion to approve the applicants recommended for approval by reciprocity. ** Capt. Foxx seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Valarie A. Peterson Forevergreen Irrigation, Inc. Irrigation Specialty Contractor WD Cannon WD Cannon Journeyman Electrician William J. Perez Mantz Electric, Inc. Electrical Contractor Joseph Michael Kelly Lakeside Electrical Contractors, Inc. Electrical Registered Contractor Richard G. Bartlett Richard Bartlett Landscape, Inc. Irrigation Sprinkle Contractor Brian V. McKenney B. Mack Construction, Inc. Building Registered 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. Qualifier Business Name Type of Contractor Bruce Buwalda Buwalda’s Concrete, Inc. Concrete Specialty Contractor George J. Sonken CDS Land Development, Inc. Land Clearing Specialty Contractor Robert B. Fortney Gatesystems Unlimited, Inc. Fence Specialty Contractor Robert P. Gent Lynch Paving & Construction Co., Inc. Paving Specialty Contractor William Hugh Wesley Bill Wesley Roofing, Inc. Roofing Registered Contractor Debra Ann Fasnacht Hardscapes, Inc. Interlocking Pavers Block Contractor Andrew J. Laurella All-Rite Paving Contractor, Inc. Underground Utilities, Contractor Eligha Lewis Pryor, Jr. SNE Construction, Inc. Residential Contractor F. CITATION APPEAL: Against: Danny Joe MacFarland, D M Agriculture Violation: Working without a Certificate of Competency in St. Lucie County Investigator: Carl Brome Recommendation: $500.00 penalty Page 2 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING April 16, 2008 Mr. Brome reviewed the citation. On 3/19/08 he found Mr. MacFarland constructing a pole barn on the property located at 5700 Sunshine Farms Way, Palm City, Fl. Mr. MacFarland is not a licensed contractor, and is in violation of St. Lucie County Code and Complied Laws 2-5-5. A stop work order was issued and a citation was hand delivered. Mr. MacFarland requested a hearing to appeal the citation. Staff believes the citation was issued correctly since Mr. MacFarland does not hold a Certificate of Competency in St. Lucie County. A locational permit was granted for the pole barn only. Ms. Ariyanayagam explained that Mr. MacFarland was not exempt from having a contractor’s license. Mr. Rohrbough asked if an agricultural property owner could build it by himself. Ms. Ariyanayagam said the property owner could, but Mr. MacFarland was not the owner of the property. Discussion ensued on the Statute. Danny Joe MacFarland, 6700 Sunshine Farms Way, Palm City, Fl., was sworn in by Ms. Lifland. He provided a copy of the Florida Statute regarding agricultural property to the Board and said he believed it pre-empted the County from enforcing Codes relating to the building of non-residential farm buildings on agricultural property, and there was no case law. He has been building pole barns for 25 years and never received a citation. He said he has workmen’s compensation and general liability insurance and holds an Occupational License in Okeechobee County. He provided a copy of the building permit, and inspection report and believed that AG was exempt. Discussion ensued on the interpretation of the Florida Statute under which Mr. MacFarland was cited. The Board agreed it was vague and unclear. Staff’s point was it doesn’t specifically exempt the requirement to be licensed; it exempts the requirement to go through the Building Code design standards. Ms. Ariyanayagam was concerned with setting a precedent in that plumbing and electrical code requirements would not be met if we don’t require licensing or inspection for unlicensed contractors. Capt. Foxx commented on the use of the pole barn, if it was used for agricultural purposes, who owned the property and Mr. MacFarland’s relationship to the owner. Mr. James asked how Mr. MacFarland could operate for 25 years and not have this come up before. He asked staff to get more information from other municipalities and the state as the Statute was vague and he could not support the citation unless he had more information. ?? Mr. James made a motion to continue this item until more information is provided by staff. Ms. Ariyanayagam agreed that staff would get an opinion from the State, but that the County was not under the same regulations as other municipalities. ** Mr. Langel seconded and the motion carried unanimously. Mr. Davis confirmed that more time was needed for staff to get an opinion from the State. Mr. Brome said the owner has hired a licensed contractor to get the work done. G. DISCIPLINARY CASES: Against: Robert Allen Wilson, C/Competency #23181, General State Certified Contractor #CGC061413, Two Expired Permits 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 Filed by: Staff Investigator: Monica Barrios Mr. Davis advised the Board received a hand-written letter dated yesterday that Mr. Wilson would not attend today’s meeting on advice of his attorney. No one was present to represent Mr. Wilson. Ms. Barrios provided a list of two expired permits. Staff notified Mr. Wilson of the two expired permits that needed to be renewed and inspections finaled. He was first noticed 1½ years ago, and this has been a long term issue. As of 4/16/08 the permits remain expired. Page 3 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING April 16, 2008 Staff Recommendation: If Mr. Wilson is found in violation that the permitting privileges be suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License be placed for review. Mr. Davis agreed the expired permits have been going on for some time and efforts have not been made to clear them up, and they should not be set aside. He supported following staff’s recommendation. ?? Mr. Curtis made a motion to support staff’s recommendation that Robert A. Wilson’s permitting privileges be suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the State Department of Business and Professional Regulation. ** Mr. James seconded and the motion carried unanimously. Against: Tradewind Homes, Inc., Kevin Arbour, Qualifier, C/Competency #21452 Residential State Certified, #CRC1327342 Seven expired roof permits 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 Filed by: Staff Investigator: Monica Barrios Ms. Barrios provided a list of the seven expired permits. On 8/14/06 staff notified Mr. Arbour of the expired permits which needed to be renewed and receive a final inspection. A notice to appear was sent on 3/18/08. Staff has had some communication with him, and as of 4/16/08 the permits remain expired. No one was present to represent Tradewind Homes, Inc. Mr. Davis commented on the dates of the expired permits. Ms. Barrios said they were renewed, but have again expired. Ms. Barrios was unsure of what work had been done, and no inspections were made. Staff’s Recommendation: If Tradewind Homes are found in violation that the permitting privileges be suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License be placed for review. ?? Mr. James made a motion to accept staff’s recommendation in reference to the complaints against Tradewind Homes that the Board makes the following determination: after hearing the facts in the case, the testimony, and recommendation of staff with regard to the existence of a violation, we determine the violation did occur and the alleged violator committed the violation. Tradewind Homes shall have their permitting privileges suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License be placed for review. ** Mr. Curtis seconded and the motion carried unanimously. Against: Izzo Builders, Inc., Qualifier, Thomas F. Izzo, C/Competency #10765 Builder, State Certified #CBC052984 Page 4 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING April 16, 2008 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 Filed by: Staff Investigator: Carl Brome Mr. Brome provided a list of one expired permit for storm shutters. On 4/10/08 Mr. Izzo was notified of the expired permit which needs to be renewed and receive a final inspection. As of 4/16/08 the permit remains expired. Staff’s Recommendation: If Thomas F. Izzo, d/b/a Izzo Builders, Inc. is found in violation that the permitting privileges be suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the Florida Construction Industry Licensing Board for the Certified Building Contractor’s License be placed for review. No one was present to represent Izzo Builders, Inc. ?? Mr. Langel made a motion in reference to the complaints against Izzo Builders, Inc., that the Board makes the following determination: after hearing the facts in the case, the testimony, and recommendation of staff with regard to the existence of a violation, we determine the violation did occur and the alleged violator committed the violation. Izzo Builders, Inc. shall have their permitting privileges suspended in St. Lucie County until all expired permits are renewed and receive a final inspection. Term of suspension not to exceed one (1) year. It is further recommended that a copy of the Board’s Order and the Findings of Fact in this case be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License be placed for review. ** Mr. DiFrancesco seconded and the motion carried unanimously. H. OLD BUSINESS: Mr. Davis advised the Board that Fred Vaughn had resigned, and he was thanked for his service. The Board of County Commissioners (BCC) was in the process of looking for a replacement, and suggestions or recommendations for the Consumer Trade representative should go to the BCC. Mr. Davis recommended Art Allen for consideration by the Commissioner making the appointment. I. NEW BUSINESS: - REQUEST FOR REHEARING 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 At the last meeting Ms. Ariyanayagam provided a list of the eleven expired permits. Staff notified Mr. Chalifoux of the expired permitson 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 Page 5 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING April 16, 2008 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 remained 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. Ms. Ariyanayagam said since then, Mr. Chalifoux came in and all the permits are finaled. Mr. Chalifoux has asked that his license, Certificate of Competency be reinstated and he is present today to make that request before the Board. Mr. Rohrbough confirmed all the permits and inspections have been finaled. ?? Mr. Langel made a motion to reinstate Mr. Chalifoux’s license. Ms. MacKenzie-Smith advised that the Board must first make a motion to re-open the case before they take action on reinstating the license. * Mr. Langel made a motion to reopen the case in reference to William J. Chalifoux, Qualifier, d/b/a William J. Chalifoux, Inc. ** Capt. Foxx seconded and the motion carried unanimously. ?? Mr. Langel made a motion to reinstate Mr. Chalifoux’s license. ** Capt. Foxx seconded the motion. Mr. Rohrbough commented that this didn’t get done until the license was suspended, that he took a dim view if the focus was on the letter in the file being sent to the State. Discussion ensued on the recordings of the meetings going into the file. William J. Chalifoux, 1003 E. Midway Road, Fort Pierce, Fl., was sworn in by Ms. Lifland. He explained the delay in not taking care of the permits in a timely manner. When he was notified by the County, he paid to have all the permits rechecked and was told they were not in the computer system, if there were any problems they would get back to him. In October he received a letter and was to come in for the March, 2008 meeting. He misunderstood about coming in, and would not overlook his responsibility about renewing the permits and paperwork and have his license suspended. Mr. Davis advised Mr. Chalifoux that the County has a record of what occurred at the last meeting, and if a pattern is shown, it will be on file. ** The seconded motion carried unanimously. I. NEW BUSINESS: th Ms. Ariyanayagam advised the Board the June 18 meeting would not be held, as staff will be attending a conference. She confirmed that staff was working diligently on the backlog of expired permits and thought they would be coming to closure as they work through the summer. Mr. Davis looked forward to getting the expired permits behind the Board. Mr. Rohrbough requested that CDs are burned for the meetings. Staff confirmed they are made and in addition, tapes are also recorded for ease in looking up previous cases. *** Mr. Curtis had to leave the meeting at 10:00 a.m. Mr. Davis noted a quorum was still present. J. PUBLIC COMMENT: Page 6 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING April 16, 2008 Ms. Barrios explained that Jorge A. Roger, d/b/a J M Development Group, Inc., came before the Board at the February 18, 2008 meeting. A complaint was filed by Mary Furino concerning her enclosed screen installation, and work was performed by unlicensed contractors. Mr. Roger assured the Board that he would resolve the matter and was granted an additional time frame of 60 days to complete the job. That time frame has been reached. th Jorge A. Roger, 4258 S.W. 69 Ave., Miami, Fl., was sworn in by Ms. Lifland. He met with Monica and discussed the amount of time it has taken for him to get all of the proper paperwork in place and to get workers on the property. He asked for another 30 day extension to finish the work. Ms. Barrios explained he brought in information to the Plans Examiner and he’s working on the job to get final inspection. Ms. Ariyanayagam confirmed the Board suspended his permitting privileges. Mr. Roger was concerned with the letter going to the State recording the Board’s Order as damaging to his license. Mr. Roger was hoping for 30 more days before it goes to the State. Mr. Davis noted that he was given 60 days to finish, and it is not corrected. It was Staff’s opinion that he should be able to finish the job, and when a letter is sent to the State, a follow-up letter is sent after the job is corrected and finished. Mr. Davis said if the job gets completed, the follow-up letter to the State will show good faith and good business in getting it done. He suggested that the Board stick with what has been determined and allow Mr. Roger to continue on this one job to completion, under his suspended license. Mr. Roger asked how it would affect his license in the future. Ms. Ariyanayagam explained that he had to complete his projects accordingly, and when a letter is sent to the State, they would notify him if a hearing is to be held. There should be no hearing with the follow-up letter upon completion of the job. Mr. Roger thought it would be final by next week and explained the progress he was making. K. ADJOURNMENT: There was no further business and the meeting was adjourned at 10:30 a.m. Respectfully submitted, -------------------------------------------------- Douglas Davis, Chairman ----------------------------------------------------- Mary F. Holleran, Specialist Consultant Page 7 of 7