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HomeMy WebLinkAboutMinutes 09-17-2008 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, September 17, 2008 PRESENT Chairman ............................................................................................................... Douglas Davis Vice Chairman.........................................................................................................Fred Rohrbough Secretary.................................................................................................................Craig Dunkelberger .................................................................................................................................Charles James .............................................................................................................................Sean Mitchell .............................................................................................................................Haydn Curtis .............................................................................................................................Roger Hudspeth ABSENT Excused Members .................................................................................................. Michael DiFrancesco ............................................................................................................................. Capt. Derek Foxx ............................................................................................................................. John Langel STAFF PRESENT AssistantCounty Attorney.....................................................................................Heather Lueke Code Compliance Manager..................................................................................Chris Lestrange 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, who introduced himself to new Board Member Roger Hudspeth. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present except excused members Michael DiFrancesco, Capt. Derek Foxx and John Langel. C. APPROVAL OF MINUTES – July 16, 2008 Contractor Examining Licensing Board: ***Correction to the header date was so noted. ? Motion was made by Mr. Rohrbough to approve the Minutes of the July 16, 2008 Contractor’s Licensing Examining Board Meeting. ** Mr. Dunkelberger seconded and the motion carried unanimously. D. SWEARING IN OF STAFF The following staff members were sworn in by the staff secretary: Chris Lestrange, Monica Barrios, Carl Brome and Swendy Ariyanayagam. E. APPLICATIONS TO BE APPROVED: BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 No applicants were pulled for discussion or consideration. BY CONSENT VOTE: ? Motion was made by Mr. Mitchell to approve the applicants recommended by Consent vote. ** Mr. Curtis seconded and the motion carried unanimously. The applicant’s names were read into the record: QualifierBusiness Name Type of Contractor Kenneth Edward Close TCI, LLC Communication/Sound Daniel Joseph Stubbs Daniel Joseph Stubbs Journeyman Electrician Victor Abel Zarate Victor Abel Zarate Journeyman Electrician Jean Reynold Obilas Jean Reynold Obilas Journeyman Electrician Fernando Santana Fernando Santana Journeyman Electrician Alex Thermidor Alex Thermidor Journeyman Electrician Eliseo Cedillo Eli’s Electric Corp. Electrical Registered Contractor Jesus Alvarez-Serrano Jesus Alvarez-Serrano Journeyman Electrician Ian Jason Sobel Ian Jason Sobel Master Electrician Sean Paul Parrott Sean Paul Parrott Journeyman Electrician Traver R. Boettcher Artisan Trim, Inc. Carpentry Contractor Donald Robert Kolostyak Air Team Heating and Air Cond., Inc. Air Conditioning Class B Contractor Bradford Chase Teel Bradford Chase Teel Journeyman Electrician Charles John Dekker Precision Aluminum and Screen,Inc. Aluminum w/Concrete Robens Louis Robens Louis Journeyman Electrician Kane Mark Corbett Kane Mark Corbett Journeyman Electrician David M. Aleksin DT Electric, LLC Electrical Registered Contractor APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY ? Mr. Mitchell made a motion to approve the applicants recommended for approval by reciprocity. ** Mr. James seconded and the motion carried unanimously. The applicant’s names were read into the record: Qualifier Business Name Type of Contractor Valentino Perez Valco Electric, Inc. Electrical Registered Contractor Sean Patrick O’Connor OC Trim & Millwork, LLC Finish Carpentry Contractor Robert John Sampson Bob Sampson Carpentry, Inc. Finish Carpentry Contractor Larry Walter Cotten Suncoast Wall and Ceiling Systems, Inc. Carpentry Contractor James M. Cuomo Homeshield Hurricane Shutters, Inc. Hurricane Protection Contractor Steven F. Kritzman Steven F. Kritzman Master Plumber (Non-Contractor) Kline (Ralph) Barnett KB4 Plumbing, LLC Plumbing Registered Contractor Moody, III Ernest Anthony Reina R & R Concrete, Inc. Concrete Contractor APPLICATION RECOMMENDED FOR APPROVAL BY REVIEW: None. APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: Page 2 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 The applicant’s names were read into the record. Qualifier Business Name Type of Contractor Freddie Dale Talbot Talbot Painting, Inc. Painting Matthew Edward Moskal Woodwits, Inc. Finish Carpentry Abraham B. Alcolea Balcolea Marble & Tile, Inc. Tile & Marble Terry J. Townson General Caulking & Coatings Co., Inc. Painting Vincent James Imbriani VJI, Inc. Finish Carpentry Charles Briggs Charles Briggs Flooring, Inc. Tile & Marble Mario D. Russo Russo Custom Flooring, Inc. Tile & Marble Aaron John Chandler Precision Shutter Systems, Inc. Aluminum w/o Concrete Walter Joseph Wyrostek JW’s Hurricane Protection, Inc. Hurricane Protection Scott Theodore Montagna Colors by Design Painting, Inc. Painting Robert Earl Burns Burns & Sons Concrete, Inc. Concrete Gary A. Kasperowski Treasure Coast Fence, Inc. Fence Matthew James Marbry A Quality Screening & Aluminum, LLC Aluminum w/Concrete Eddie Joe Huggins The Eddie Huggins Land Grading Co., LLC Paving Contractor William Scott Perry WSP Electrical Services, Inc. Electrical Registered Joseph Phillip Benz Benz and Son Painting, Inc. Painting Marvin Butler Chitwood Chitwood & Co., LLC Paving F. CITATION APPEALS: Against: David M. Alban Violation: Section: 2-5-5. Working without a Certificate of Competency; Civil Penalty $500.00 Engaging in the business or acting in the capacity of a Contractor without being Duly registered or certified Complaint Filed by: Staff Investigator: Swendy Ariyanayagam David M. Alban, 2250 S.E. Abcor Road, Port St. Lucie, Fl., 34952, was sworn in by Ms. Lifland. Ms. Ariyanayagam provided a copy of the citation, a copy of the Business tax receipt for Absolute Affordable Home Repair and two photos dated 8/15/08. On 7/24/08 a citation was issued for David Alban d/b/a Absolute Affordable Home Repair, Inc. for doing a pool deck with flagstone without a Certificate of Competency in St. Lucie County, at 7983 Plantation Lakes, Port St. Lucie. He is required to be a licensed Masonry Contractor. Ms. Ariyanayagam received a request for hearing for the citation, which stated that he was working for Prestige Pools, a licensed pool company in St. Lucie County. A check of records indicated there is not a pool company active under that name. She spoke to the pool company who holds the permit for this address, which is Descriptive Pools of Indian River who stated they did not contract him to do the work and it was done by the homeowner. The homeowner was contacted and said that Mr. Alban was hired by him to do painting in the house and then to do the deck. A return to the property on 8/15/08 found Mr. Alban still working. Ms. Ariyanayagam stood by the correct issuance of the citation as Mr. Alban was working in the capacity of a contractor, without a Certificate of Competency. Mr. Davis confirmed that the homeowner contacted Mr. Alban directly to do the work. David M. Alban stated he didn’t start the deck, it was ¾ done and he wasn’t contracted to do the entire deck. Mr. Gearing (sp.) the homeowner, owns Prestige Ready Mix Concrete and that is where the confusion with Prestige Pools came from. He finished the job, with an OK from Ms. Ariyanayagam, which only took one day. He was not fully informed on what he was able to do with an Occupational License, and was confused with the City of Port St. Lucie and the County’s requirements. Mr. Davis confirmed that he must be licensed to work in St. Lucie County for any trade regardless of the size of the work performed. Ms. Ariyanayagam explained the purpose of the Tax Certificate was to certify that a business Page 3 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 tax was due to be paid to the County and that it differed from a Certificate of Competency, which is a license for a particular trade. She explained she gave Mr. Alban an OK to finish the job so as not to penalize the homeowner. When she returned, he was doing the sidewalk. Additional information was provided to Mr. Alban regarding the tax receipt for a business and licensing requirements. That the City of Port St. Lucie differed from the County’s requirements, and they could not advise him on the City’s requirements. Mr. Davis commented that the Board wanted to be strict about unlicensed activity in the County, and as a General Contractor he recommended increasing the fines last year. ? Mr. Hudspeth made a motion to uphold staff’s recommendation that staff issued a correct citation for David M. Alban not holding a Certificate of Competency. The citation will stand with a penalty of $500.00. ** Mr. Rohrbough seconded and the motion carried unanimously. G. DISCIPLINARY CASES: Against: Keith Mahaffey Pools, Inc. Keith A. Mahaffey, Certificate of Competency # 21127, State #CPC057294 Violation: Expired Permit Summary 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. Complaint Filed by: Staff Investigator: Monica Barrios Staff Recommendation: If Mr. Keith Mahaffey is found in violation, that the permitting privileges be revoked in St. Lucie County. It is further recommended that this case along with the copy of the Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. No one was present to represent Keith A. Mahaffey. Ms. Barrios provided a list of two expired permits. Staff contacted Mr. Mahaffey and discussed the violation, that the permits needed to be renewed and receive final inspection. As of 9/17/08 the permits remain expired. * Mr. Rohrbough moved motion #5, to go with staff’s recommendation: in reference to the complaints against Keith A. Mahaffey, d/b/a Keith Mahaffey Pools, Inc. that the Board of Examiners makes the following determination: After hearing the facts in this case, the testimony and the recommendation of staff with regard to the existence of a violation, we determine: The violation in fact, did occur and the alleged violator committed the violation. Keith A. Mahaffey shall have his permitting privileges in St. Lucie County revoked. A copy of the Findings of Fact in this case and a copy of the Board’s Order will be sent to the Florida Construction Industry Licensing Board. ** Mr. Curtis seconded and the motion carried unanimously. DISCIPLINARY CASE (continued): Against: Charles Johnson, d/b/a C.A. Johnson Construction, Inc. C/C #22191, CGC1505616 Violation: Section 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, in violation of 489.127(4)(c) Complaint Filed by: Staff Page 4 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 Investigator: Swendy Ariyanayagam Ms. Ariyanayagam provided a copy of a letter to the Board that was Faxed to her today from Ephraim Roy Hess, P.A., the law firm representing Mr. Johnson, asking for an extension of this case. Staff recommended that the case be heard today to move ahead, that the complainant, Mrs. Ethel Laws, and her attorney, John Griffin were present. Ms. Lueke said the request from Mr. Johnson’s attorney stated they had not received the file and staff sent it to the License holder as required by the Code. Staff is unsure if this attorney is representing the license holder or the company and when staff asked that question, the attorney has refused to answer. The file has never been requested. Staff has complied with all the requirements of the Code in the notification process. She saw no reason why the case could not be heard today. Mr. Davis confirmed there was a permit pulled by C.A. Johnson Construction, but the work was done by Fine Homes Roofing, and that relationship is the issue. Ms. Ariyanayagam read the Investigative Report into the record and submitted several documents pertaining to the complaint. In summary, Ms. Ethel Laws, 908 Echo Drive, contracted with Fine Homes Roofing to tear off her existing roof and replace with an Ondura roof system. The roof was not properly installed, it leaked and caused damage to her personal property. The permit for the roof was pulled by Charles Johnson under his GC license, and issued July, 2005. Inspected on 5/26/06, it was not completed. An inspection on 8/24/06 failed because the permit required submission of product approval and manufacturer’s instruction showing method of attachment. A revision was done stating a proper roofing material and product specs were brought in to update the permit. A letter from Ondura to the homeowner (provided) acknowledged that the roof was not installed correctly. A final inspection was done, not by the building inspector, on 4/30/07 an Engineer’s report was submitted by C.A. Johnson, Inc. to the building dept. stating that GKRao Engineering and Associates viewed the roof installation and its job was completed in accordance with Florida Building Code. The Building Dept. accepted the final report and closed out the permit. Ms. Laws continued to have problems with the leak, Mr. Johnson tried unsuccessfully to fix it. A complaint was filed in May, 2008, and Ms. Ariyanayagam and Ken Arnold, Building Inspector visited the home, saw the leaks, and set up a meeting with the contractor of record for the permit, to discuss the issues. At the meeting Mr. Johnson stated that the contract with Ms. Law was between her and Fine Homes Roofing, who was licensed in St. Lucie County. What they had between Fine Homes Roofing and Mr. Johnson was a business agreement. Ms. Ariyanayagam explained Fine Homes Roofing was a temporary license holder who was given authority to re- roof only shingle roofs under the State of Emergency Order at the time. He was not to install any new roof systems, i.e. Ondura Roof, as he did not have the proper license. She also pointed out to Mr. Johnson that he should have never obtained a permit for another contractor whether licensed or unlicensed when he does not have a contract with the homeowner directly. By doing this he had violated St. Lucie County Code Compiled Law. Mr. Johnson at this time agreed to a settlement of $10,000 made out to Ms. Law so that she can get a new roof and get a new contractor to re-do the roof and to compensate for the damage caused by the roof leak. He asked to have until the end of July to get the money to her. After they left the meeting he called and asked for another month extension. It is the middle of September and the money has not been paid as agreed by Mr. Johnson. Ms. Ariyanayagam had a FAX showing that Fine Homes Roofing held a temporary license that expired in January, 2005, and the contract was written in February 2005. At that time they did not hold a temporary license. Staff recommends that if Mr. Johnson is found in violation that his permitting privileges in St. Lucie County be revoked and a copy of the Board’s Order be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License to be revoked. John K. Griffin, representing Ethel Laws agreed the deficient roof caused stress to Ms. Laws and she would like to see this resolved. Discussion ensued on the temporary licenses issued for a State of Emergency and if Fine Homes Roofing was still operating without a license. Mr. Johnson’s financial issues and the time given to him to fulfill the commitment was discussed. Mr. Davis referred to the letter from Ondura and the installation. He thought when there was a conflict of opinion between the Registered Engineer and the Manufacturer the County should do their own inspection and weigh in on the matter. If there’s an error with the final installation we also need to look at the Engineering firm as well for liability in signing off that the product was installed properly and gave the final certification of completion. They can now come into the picture since they issued a letter, and the letter is not accurate, or represents a properly completed project. Page 5 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 Mr. Lestrange agreed with Mr. Davis’ comments and thought there was another step in the process to be completed and to look into the letter from Ondura and if the claim is valid. Discussion ensued. Mr. Davis suggested the County follow-up with its own final inspection versus relying on an outside opinion from the Engineer and discussed bringing additional information to the next meeting. ? Mr. Rohrbough made a motion #5. The motion is as follows: I hereby move in reference to the complaints against Charles Johnson d/b/a C.A. Johnson Construction, Inc., that the Board of Examiners makes the following determination: After hearing the facts in this case, the testimony and the recommendation of staff with regard to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. Charles Johnson Construction, Inc., shall have his Permitting Privileges revoked in St. Lucie County. Also, that a copy of the finding of fact in this case shall be sent to the Florida Construction Industry Licensing Board for the Certified General Contractor’s License to be revoked, along with a copy of his letter sent to us and the letter from his lawyer in which he admits to divert the funds. ** Mr. Curtis seconded and the motion carried unanimously. Mr. Davis reiterated that staff look into the status of the roof to support the incompetency of the work, and look at the issues with GKRao Engineering and give us some back up information. He asked what to do with the contractor who actually performed the work, if he is not licensed. Ms. Ariyanayagam said they were in South Carolina, and held a 90 day temporary license. They attempted a conference call between C.A. Johnson and Fine Homes Roofing. There are no other complaints against them. St. Lucie County Sheriff’s office was suggested for a fraud complaint, and Ms. Ariyanayagam said they would check it out and see if a Statute of Limitations was in effect. Mr. James asked if we would allow these types of temporary license holders to work again. Ms. Ariyanayagam said it’s up to the local municipalities to OK them to help our citizens in an emergency. We have learned a lesson and they may have to have a partnership with the contractor or be bonded, and we will be alert and cautious when there is a need to issue temporary licenses. Mr. Davis noted that it brought about relief but there’s always a certain measure of contractors who take advantage and staff needs to be prepared and help safeguard the public from unscrupulous vendors. H. OLD BUSINESS: The Board was reminded there will not be a Board meeting in October. The next meeting is scheduled for th Wednesday, November 19 at 8:30 a.m. I. NEW BUSINESS: Mr. Rohrbough commented on the case heard earlier (David Alban) who said he didn’t understand what he was allowed to do under the Business Tax Receipt. He thought if the Building Dept. were to make up a list of what was allowed and what was not allowed under this licensing, and what was required by a separate license, and make them sign the sheet that they understand. This would eliminate the complaints that they don’t know what’s allowed. Ms. Ariyanayagam said they have that already, and they sign an affidavit and attach the sheet to it. They don’t always read the sheet and just sign it, and they confuse the City of Port St. Lucie with the County’s requirements if they reciprocate. Mr. Rohrbough asked staff to confirm that Mr. Alban actually signed the information given to him. Ms. Ariyanayagam said she would check it out. Mr. Davis noted Roger Hudspeth was now a member of the Board and welcomed him. J. PUBLIC COMMENT: None K. ADJOURNMENT: Page 6 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING September 17, 2008 There was no further business and the meeting was adjourned at 9:50 a.m. Respectfully submitted, -------------------------------------------------- Douglas Davis, Chairman and/or Craig Dunkelberger, Secretary ----------------------------------------------------- Mary F. Holleran, Specialist Consultant Page 7 of 7