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HomeMy WebLinkAboutMinutes 11-19-2008 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 Wednesday, November 19, 2008 PRESENT Chairman ............................................................................................................... Douglas Davis Vice Chairman.........................................................................................................Fred Rohrbough Secretary.................................................................................................................Craig Dunkelberger .................................................................................................................................Charles James Sean Mitchell Michael DiFrancisco .............................................................................................................................Haydn Curtis .............................................................................................................................Roger Hudspeth ABSENT Excused Member ................................................................................... ................ John Langel ............................................................................................................................. Capt. Derek Foxx STAFF PRESENT AssistantCounty Attorney .....................................................................................Heather Lueke 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 Chairman Douglas Davis. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present except excused member John Langel. Mr. Davis noted that both Capt. Derek Foxx and Roger Hudspeth had been called to ascertain their attendance. Mr. Hudspeth arrived after roll call at 8:38 a.m. C. APPROVAL OF MINUTES – September 17, 2008 Contractor’s Examining Licensing Board: ? Motion was made by Mr. Mitchell to approve the Minutes of the September 17, 2008 Contractor’s Licensing Examining Board Meeting. ** Mr. Curtis seconded and the motion carried unanimously. Mr. Davis confirmed how many Board members received their agenda packets by e-mail. Four members had not, and Ms. Ariyanayagam said staff would follow-up and call the Board to confirm receipt. D. SWEARING IN OF STAFF The following staff members were sworn in by Ms. Lifland: Swendy Ariyanayagam, Monica Barrios, and Carl Brome. BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 E. APPLICATIONS TO BE APPROVED: No applicants were pulled for discussion or consideration. BY CONSENT VOTE: ? Motion was made by Mr. Curtis to approve the applicants recommended by Consent vote. ** Mr. James seconded and the motion carried unanimously. The applicant’s names were read into the record: QualifierBusiness Name Type of Contractor Russell Lumsden Gatesystems Unlimited Inc. Aluminum w/Concrete Michael V. Lacorte Lacorte Enterprises, Inc. Finish Carpentry Patrick Michael Morningstar Patrick Michael Morningstar Journeyman Electrician Edward Allen Hickey Edward Allen Hickey Journeyman Electrician Jeffrey William Marinko Jeffrey William Marinko Master Electrician Joseph Allen Sullivan Joseph Allen Sullivan Journeyman Electrician Vidler Albert Vidler Albert Journeyman Electrician Marc S. Phanord Marc S. Phanord Journeyman Electrician Bryant Vincent Alveari B.A. Electrical LLC Electrical Registered Contractor Maximilliano Andres Caron East Coast Marble & Tile Inc. Tile & Marble Charles Paul Auriemma Charles Paul Auriemma Master Electrician (Non-Cont.) John Rollin Dunson John R. Dunson Windows & Doors, Inc. Siding, Windows, & Doors Gary Curtis McPeek Gary Curtis McPeek Land Clearing Specialty APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY ? Mr. James made a motion to approve the applicants recommended for approval by reciprocity. ** Mr. Curtis seconded and the motion carried unanimously. The applicant’s names were read into the record: Qualifier Business Name Type of Contractor Charles Hsu Sago Irrigation Services, Inc. Irrigation Sprinkler Charles T. Childress NSI Windows & Doors, Inc. Siding, Windows & Doors Steven F. Kritzman ASK Plumbing, LLC Plumbing Registered Jason B. Raynor Jason B. Raynor Journeyman Electrician Joseph M. Kosik Designer Aluminum Inc. Aluminum Specialty Florencia Americo Cameiro Florencia Americo Cameiro Journeyman Electrician Tom Samuel Velie Tom Velie Construction LLC Roofing Roy McClendon Fordham, Jr. Regal Finish, LLC Painting Michael Allen Sonsini R & S Assembly Inc., d/b/a Aluminum Screen Builders Richard Gordon Creber JSAR Enterprises Inc. Painting APPLICATIONS 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: The applicant’s names were read into the record. Page 2 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 Qualifier Business Name Type of Contractor Samuel J. Eades Eades Electric LLC Electrical Registered Jaun Larralde Aztec Irrigation LLC Irrigation Sprinkler Michael Thomas Pesula Finish Line LLC Tile & Marble Gretza E. Maya WGM Quality Painting Inc. Painting Charles Skinner Skinner Drywall, Inc. Drywall Fernando Pinzon Flooring & Kitchen Solutions Finished Carpentry Fernando Pinzon Flooring & Kitchen Solutions Tile & Marble F. CITATION HEARING WAIVERS: Against: John Marino, Jo Jo’s Landfill Violation: Section: 1-6.8-24. Enforcement Procedures Section: 1-6.8-26. Collection and recovery of civil penalties Complaint Filed by: Staff Investigator: Swendy Ariyanayagam Ms. Ariyanayagam provided a copy of the citation dated 9-02-08. Mr. Marino did not contest it or pay it. She explained that the information had to be read into the record. Mr. Marino was cited for engaging in the business or acting in the capacity of a contractor without being duly registered or certified, and was clearing land. The case was discussed and a lien was filed. ? Mr. James made a motion to uphold staff’s recommendation that staff issue a citation for John Marino, who was cited for doing business without being duly registered or certified, and who did not hold a Certificate of Competency. A lien will be filed in the amount of $500.00. ** Mr. DiFranciso seconded and the motion carried unanimously. G. CITATION APPEALS: None. H. DISCIPLINARY CASES: Against: Victory Development, Inc., Matthew Posner, Qualifier Certificate/Competency #21953, State CGC 058708 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. Posner 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 Mr. Matthew Posner, d/b/a Victory Development Inc. Ms. Barrios provided a list of one expired permit. Mr. Posner was notified that the permit needed to be renewed and a final inspection made on the dock. Staff has not had communication with Mr. Posner and as of 11/18/08 Page 3 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 the permit remains expired. Ms. Barrios advised the repair of the dock was 80 % completed. The County is unable to complete any final inspections because of the Engineering plans provided. * Mr. Mitchell moved in reference to Matthew Posner, d/b/a Victory Development 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. Matthew Posner 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. DiFranciso seconded and the motion carried unanimously. Mr. Rohrbough recommended that information including staff’s recommendation, the Minutes and the Board’s Order be sent to Broward County, where Mr. Posner is doing business. I. OLD BUSINESS: (Recorder’s Note: the following is the information the Board discussed regarding the case against Charles Johnson, brought before the Board at the September 17, 2008 meeting.) 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 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- Page 4 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 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. 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 diverting 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. J. BOARD COMMENTS: Concerning the above case, Ms. Ariyanayagam reported on the status of the roof to support the competency of the work of the contractor C.A. Johnson, and the letters from the manufacturer. The County’s inspection failed and they brought in private engineering and letters saying they signed off on a final inspection. Staff went back and checked the roof and concurred it was not installed to Code, and advised them of the findings. The engineers responded stating the leaks were from an existing flat roof, and not the roof that was installed by the contractor. Staff verified the findings were not about the leaks, but about the proper installation of the roof. Mr. Page 5 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 Charles Johnson, the contractor, and his attorney filed an appeal of the CELB’s decision with the Board of County Commissioners, and it will be heard next week at the BCC meeting, Tuesday at 9:00 a.m. (11-25-08). Mr. Davis commented that a letter from Mr. Johnson claimed fault and he agreed to pay the homeowner $10,000 to give him a release of the lien. Ms. Ariyanayagam said so far, he has not followed up with payment. That a letter from the manufacturer said it wasn’t installed properly, and staff concurs. When the money was not paid and the roof not fixed, it came before the Board. Mr. Davis pursued the issue of the County doing a final inspection and not relying on a written document from a third party. Ms. Ariyanayagam explained when third party engineering is acceptable by the Building Official and the Building Department, as written in the Code. It’s very seldom practiced, and when they can’t actually see what was done prior, they aren’t going out to do the inspection. Mr. Davis referred to the letter from the roofing system (Ondura) and as a roofer, he understood the requirements of installation were very clear. The engineer signing off was very vague. Ms. Ariyanayagam said she will pass this on to the Building Official. Mr. Davis addressed instances where the BCC overturn this Board’s decisions; that if the CELB’s decision is unanimous that Mr. Johnson, the contractor is wrong, that 1) this contractor has operated by pulling permits for some other subcontractor, working unmanaged and 2) his not taking the responsibility for make correction to an improperly installed roofing product. He hoped they would take that into consideration and drop the full weight of the law on him. Discussion ensued. Mr. Hudspeth volunteered to be present to support this Board’s decision. Ms. Lueke saw no problem with any member attending to speak on the Board’s behalf. She represents this Board as Counsel at the meetings. Mr. Davis confirmed there was a finding of fact, they revoked his license in St. Lucie County and sent a letter to the Construction Licensing Board in Tallahassee. He asked if the BCC did not agree with this Board’s decision, to notify the CEL Board. The Board was reminded there will not be a Board meeting in December. The next meeting is scheduled for Wednesday, January 21, 2009 at 8:30 a.m. Mr. Davis commented on a previous issue heard concerning structural steel construction going on at Oleander, by an unlicensed subcontractor. He asked that the contractor be looked at and we address his hiring of unlicensed subcontractors on his job. Ms. Ariyanayagam said they notified the contractor about the hiring. The contractor who pulled the permit did not hire the steel erectors, it was the property owner who purchased the steel building, and the steel builders who went ahead and obtained the services of another company. The contractor wasn’t aware of what was going on, she notified him that from here on he is responsible when he pulls a permit that he needs to be managing the site. The Board discussed the responsibility of the contractor pulling the permit, and citing the property owner on the industrial site for an unlicensed contractor. That there was a loop hole where a GC can bypass this licensing process by delegating his contractual obligations to the property owner (PO). Mr. Davis felt that the right person needs to be addressed and to slam him. The buck has to stop somewhere. Ms. Ariyanayagam explained why the contractor wasn’t cited when he didn’t have knowledge of it. Ms. Lueke explained the County’s position on the property owner being cited. She asked that when the contractor pulled the permit, was the permit for the building that was built. So he knew that the PO was going to be hiring someone else or he thought he was going to build it, and when he showed up, it was already there and the PO did it without him. Mr. Davis discussed his concerns to keep this from occurring and asked for legal direction as to where the buck stops. Ms. Lueke’s understanding was -- if the GC pulls the permit and part of the permit was the building, he would ultimately be responsible if the building shows up, whether he built it or not. If he did some work and left for some engineering or something else to come through, and the PO built it without him, without a permit, that’s different circumstances and he can’t be held responsible for something that was done completely behind his back. That’s something that staff determines through investigations, and the Board determines through a hearing. If you pull a permit, and a building is part of the permit, if it’s built we have to assume you did it or had something to do with it, or at least knew what was happening. Mr. Mitchell and Mr. DiFrancisco concurred with Mr. Davis. Further discussion ensued on what direction should be taken in the future, and setting precedent. Page 6 of 7 BOARD OF EXAMINERS OF CONTRACTORS MEETING November 19, 2008 ** Mr. James made a motion that a letter be written to the General Contractor and be sent with today’s discussion at this Board meeting. Ms. Lueke agreed to write a letter to the contractor suggesting that “the Board found you at fault but won’t do anything about it.” Mr. Dunkelberger suggested that the licensee contractor in St. Lucie County who pulled the permit at risk. Ms. Lueke added that “we’re concerned with you putting yourself at risk, and sure you didn’t do this on purpose, but it doesn’t look very good. So please don’t do it again.” ** The motion was seconded by Mr. Dunkelberger and carried unanimously. K. NEW BUSINESS; Ms. Ariyanyagam advised that Mr. Dunkelberger and Mr. Curtis had been appointed for another four years and approved by the BCC. Mr. Davis asked the Board to think about the coming organization of the Board and election for Chair, Vice Chair, and Secretary. He encouraged anyone who desired to serve as Chair or other officers to let staff know. L. PUBLIC COMMENT: None M. ADJOURNMENT: 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