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Home My WebLink AboutMinutes 01-21-2009 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 January 21, 2009 PRESENT Chairman................................................................................................................. Douglas Davis Vice Chairman..........................................................................................................Fred Rohrbough ................................................................................................................................Craig Dunkelberger ………………………………………………………………………………………………Haydn Curtis ………………………………………………………………………………………………Roger Hudspeth ………………………………………………………………………………………………Michael DiFrancisco .....................................................................................................................Charles James .............................................................................................................................John Langel .............................................................................................................................Sean Mitchell .............................................................................................................................Capt. Derek Foxx ABSENT STAFF PRESENT AssistantCounty Attorney .....................................................................................Katherine Mackenzie-Smith Building Official .....................................................................................................Chris Lestrange Contractor Licensing Supervisor ...........................................................................Swendy Ariyanayagam Contractor Licensing Investigator ..........................................................................Monica Barrios Licensing Investigator ...........................................................................................Carl Brome Zoning Compliance Officer ...................................................................................Danielle Williams Staff Secretary......................................................................................................Beatriz Goycochea 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. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present. Haydn Curtis, Capt. Derek Foxx and Michael DiFrancisco arrived after roll call. C. APPROVAL OF MINUTES – November 19, 2008 Contractor Examining Licensing Board: ? Motion was made by Mr. James to approve the Minutes of the November 19, 2008 Contractor 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 Ms. Williams: Chris Lestrange, Swendy Ariyanayagam, Monica Barrios, and Carl Brome. E. APPLICATIONS TO BE APPROVED: No applicants were pulled for discussion or consideration. Mr. Davis noted there was no profile information on Mary Ellen Fritz, Aqua Magic Irrigation and approval was based on staff’s recommendation. Ms. Ariyanayagam indicated that Ms. Fritz’ application was in order. BOARD OF EXAMINERS OF CONTRACTORS MEETING January 21, 2009 BY CONSENT VOTE: ? Motion was made by Mr. Langel to approve the applicants recommended by Consent vote. ** Mr. James seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Jose Antonio Rivera Jose Antonio Rivera Journeyman Electrician Matthew S. Kindel Matthew S. Kindel Journeyman Electrician Todd Russell Hackett Todd Russell Hackett Journeyman Electrician John Gerard Dunn John Gerard Dunn Journeyman Electrician Mark I. Dion Mark I. Dion Journeyman Electrician Gregory Scott Shader Gregory Scott Shader Journeyman Electrician Gary C. McPeek Gary C. McPeek Land Clearning Maryellen S. Fritz Aqua Magic Irrigation, Inc. Irrigation Service Randall C. Caniff C & G. Specialties, Inc. Finish Carpentry Granville Stewart Granville Stewart Journeyman Electrician Raymond F. Stark Raymond F. Stark Journeyman Electrician Aston A. Rose Aston A. Rose Journeyman Electrician Rocky Roque Rocky Roque Journeyman Electrician Brian E. Longmire Brian E.Longmire Journeyman Electrician David K. Kindel David K. Kindel Journeyman Electrician Alvaro S. Lopez Sara Alvaro S. Lopez Sara Master Electrician (Non-contractor) Matthew J. Ives Matthew J. Ives Master Electrician (Non-contractor) Maurice B. Dockswell Maurice B. Dockswell Master Electrician (Non-contractor) Alexander Cortez Alexander Cortex Master Electrician (Non-contractor) Christopher A. Combs Chris Combs Comprehensive Services, Master Electrician (Non-contractor) LLC Enrique I. Brao Creative Stone & Tile Corp. Tile & Marble Clifford M. Johnson Big Brother Consulting LLC Carpentry David. W. Arnett Colorworks Pro LLC Painting Mark R. Best Mark R. Best Master Electrician (Non-contractor) George M. Stahlberg Steel Mountain Contracting Inc. Finish Carpentry 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 Mark W. Rydberg Northern Electrical Enterprises, Inc. Electrical Registered John L. O’Brien Gulfstream Aluminum & Shutter Corp. Aluminum w/Concrete Rodney S. Yavorsky Armor Guard Painting & Coating LLC Painting Cesar A. Sanchez Designstogo, Inc. Sign Electrical APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: ? Mr. Curtis made a motion to approve the applicants recommended for approval by reciprocity from the City of Port St. Lucie or the City of Fort Pierce. ** Mr. Hudspeth seconded and the motion carried unanimously. The applicant’s names were read into the record. Page 2 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING January 21, 2009 Qualifier Business Name Type of Contractor Randy G. Baumann Randy Baumann, Inc. Tile & Marble Warren J. Jones A Florida Door Sales, LLC Irrigation Sprinkler Michele Raye Perron All Around Fencing, LLC Fence Ernest D. Penachio Sun Coast Builders, LLC General Contractor Ralph Tumino R.T. Fence, Inc. Fence Patrick John Corby P.C. Concrete Services, Inc. Concrete Carlos M. Molina Masterline Flooring Inc. Tile & Marble Craig AllenHanlon Craig Hanlon Painting, LLC Painting Howard Dale Stuart Creative Concepts of Treasure Coast, Inc. Tile & Marble Frederick B. Ellis Alias Signs LLC Sign Installation (Non-electric) John W. Schneider Glitterdome Home Improvements, Inc. Residential Allan B. Morris Driftwood Homes LLC Residential Wayne Skinner Clay’sAsphalt Maintenance, Inc. Paving F. CITATION APPEALS: Against: Jay Bria Violation: Engaging in the business or act in the capacity of a Contractor without being duly registered or certified. Investigator: Swendy Ariyanayagam Recommendation: $500.00 to be paid within thirty (30) days of the date of this Board meeting. Ms. Ariyanayagan provided a Copy of the Citation issued to Jay Bria, a Business Card given to her by Jay Bria at the site, a copy of the State License showing Mr. Bria d/b/a as Florida Safety Equipment Co. Inc. On 10/30/08 during a routine inspection at 2700 N. A1A she noticed workers on a high rise building removing and installing guard rails. She asked the workers who they worked for and who they were paid by, and they said United Metal Craft. Upon checking there was no business listed under that name “United Metal Craft” in St. Lucie County, Contractor Licensing Division, or with the Florida Department of Business and Professional Regulations. She checked the permit obtained under the name of Florida Safety Equipment Co. Inc. Mr. Jay Bria came to the site, and gave Ms. Ariyanayagan the business card that said Florida Safety Equipment Co., Inc., is doing business as United Metal Craft, and the qualifier is his brother, Duane Bria. She explained to him that Construction Law of Florida State Statute 489.119, subsection 2, does not permit them to do business or advertise as a contractor under any other name other than that which is listed on the license. She issued a citation to Mr. Jay Bria for advertising himself or a business organization as available to engage in business or act in the capacity of a contractor without being duly registered or certified. A letter was received from Duane P. Bria, Florida Safety Equipment Co. D/B/A United Metal Craft asking for an Administrative Hearing stating it was an oversight on the Company’s part not to list United Metal Craft as D/B/A under the State License. As of yesterday (1/21/09) the State License still reflects Mr. Duane Bria holds the license to do business as Florida Safety Equipment Co., Inc. Ms. Ariyanayagam stands by the decision that the citation was issued correctly to Mr. Jay Bria that he can not advertise or work in the capacity of a contractor without being duly certified or registered. Questions for staff: Mr. DiFrancisco: Asked what kind of license Florida Safety Equipment holds. Ms. Ariyanayagam: A specialty license. Mr. Davis: And having a State License, they also are required to locally register. Ms. Ariyanayagam: That’s correct. If they obtain a permit as Florida Safety Equipment, Co., Inc., they can not do business under any name except the one that’s listed on the license. The business card and the workers presented themselves as United Metal Craft and is the reason for the citation. st Mr. Duane Bria, 219 S.W. 21 Terrace, Fort Lauderdale, Fl, 33312, was sworn in by Ms. Williams. He explained the following: They have a current corporation with the Florida Safety Equipment Company and when he took the test in ’07 when he received his license, it was Florida Safety Equipment Company, afterwards they had different divisions with that company and combined them all and made them United Metal Craft to make it less confusing. Page 3 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING January 21, 2009 It was the company’s oversight not to list United Metal Craft as a D/B/A on the license, he did not know to do that, he was ignorant of that. The contract they have with Ocean Club states Florida Safety Equipment Co., d/b/a United Metal Craft, it’s written in the contract, it’s just the license that does not state “D/B/A United Metal Craft.” Since receiving the citation he has submitted paper work with the State Department of Business to add United Metal Craft as a D/B/A, it has not been approved yet, it’s still going through the paperwork, and have 30 days to add it in. Mr. Davis confirmed with Ms. Mackenzie Smith that after they apply with the State they will be able to apply as a D/B/A under the umbrella licensure of Florida Safety Equipment Company. Ms. Mackenzie Smith said that was correct, after they are approved by the State. Mr. Bria clarified they had facilities in Fort Pierce, Fort Lauderdale, and have combined them all into United Metal Craft. Ms. Ariyanayagam confirmed another facility in Fort Lauderdale. Mr. Davis questioned the severity of the infraction, how much of an over sight it was for someone to operate under this name and rely on the licensure of another entity, yet conducting business under a license not registered as a D/B/A. He understood the confusion, but it was their responsibility to do so. Mr. DiFrancisco questioned the responsibility of his brother Jay Bria in the business. Duane Bria said all the checks are issued by Florida Safety Equipment, not United Metal Craft. Mr. Rohrbough questioned who was listed on the Insurance Certificate. Ms. Ariyanayagam confirmed Florida Safety Equipment Co., is the only name as it is listed on the License, which is required by State Statute. Mr. Rohrbough questioned who was listed on the pay checks. Mr. Bria said Florida Safety Equipment Co., D/B/A United Metal Craft. Discussion ensued on staff’s effort to search on-line, and the amount of time Mr. Bria has taken to correct the violation. Mr. James agreed with the correct issuance of the citation and looked at Mr. Bria’s effort to straighten out the matter. He recommended continuing the matter to the next meeting. ? Mr. James made a motion to continue this matter until Mr. Bria can provide information from the State to prove he has corrected the violation, and to bring information back at the next meeting, March 18, 2009, so the Board can see the progress he has made. ** Mr. Dunkelberger seconded and the motion carried unanimously. G. DISCIPLINARY CASES: None H. OLD BUSINESS: Ms. Ariyanayagam updated the Board on the case regarding Charles Johnson, d/b/a/ C.A. Johnson Construction, Inc., that nothing has occurred between the homeowner and the contractor, and that it went before the Board of County Commissioners and the Board upheld the C.E.L.B.’s decision. Ms. Ariyanayagam thanked Ms. Williams and Ms. Goycochea who were borrowed from other departments to fill in for Ms. Lifland, who left and whose position will not be replaced. I. NEW BUSINESS: None J. PUBLIC COMMENT: None Page 4 of 5 BOARD OF EXAMINERS OF CONTRACTORS MEETING January 21, 2009 K. ADJOURNMENT: There was no further business and the meeting was adjourned at 10:00 a.m. Respectfully submitted, -------------------------------------------------- Craig Dunkelberger, Board Secretary ----------------------------------------------------- Mary F. Holleran, Specialist Consultant Page 5 of 5