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HomeMy WebLinkAboutMinutes 03-18-2009 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 Wednesday, March 18, 2009 PRESENT Chairman…………………………………………………………………………………..Douglas Davis Vice Chairman.........................................................................................................Fred Rohrbough Members..................................................................................................................Craig Dunkelberger ………………………………………………………………………………………………Haydn Curtis ....................................................................................................................Charles James .............................................................................................................................John Langel .............................................................................................................................Sean Mitchell .............................................................................................................................Roger Hudspeth .............................................................................................................................Captain Derek Fox ABSENT Members (Excused) .............................................................................................Michael DiFrancisco 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 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. by Douglas Davis, Chairman. B. ROLL CALL OF BOARD MEMBERS The roll was called and everyone was present except excused member Michael DiFrancisco. C. APPROVAL OF MINUTES – January 21, 2009 Contractor Examining Licensing Board: ? Motion was made by Mr. Hudspeth to approve the Minutes of the January 21, 2009 Contractor’s Licensing Examining Board Meeting. ** Mr. Curtis 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 March 18, 2009 No applicants were pulled for discussion or consideration. 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: QualifierBusiness Name Type of Contractor Daniel R. Nason East Coast Architectural Glass, Inc. Glass & Glazing Louis P. Prudham Louis P. Prudham Master Electrician (Non-contractor) Bradley D. Wolf Bradley D. Wolf Master Electrician (Non-contractor) Scott M. Petz Casey Marine Construction, LLC Marine Construction Scott G. Main Triangle Roof Painting, Inc. Painting Wade M. Clarke Horizon Pools, Inc. Swimming Pool Residential Donald A. Weaver Affordable Painting & Power Washing, LLC Painting Charles P. Auriemma Auriemma Electric, Inc. Electrical 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 Kenneth J. Davi Coastal Irrigation Service, Inc. Irrigation Sprinkler Todd M. Yeary Alpha Door & Hardware, Inc. Finish Carpentry Erik. V. Swope Sublime Stone & Tile, Inc. Tile & Marble Steve S. Frederick Steve Frederick’s Irrigation Specialist, Inc. Irrigation Sprinkler Joseph Delvacchio Monterey Glass Specialist, Inc. Glass & Glazing Melvin R. Oliver Asphalt Specialist, Inc. Paving APPLICATIONS RECOMMENDED FOR APPROVAL BY REVIEW; Qualifier Business Name Type of Contractor Charles E. Bettencourt C.B. & L.R. Home Repair & Remodeling, LLC Residential *** This application was removed by staff. 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 Brian D. Weisgerber Brian’s Quality Pools & Spas, Inc. Pool/Spa Residential, Reg. Contractor Kevin D. Albrecht Albrecht Irrigation, Inc. Irrigation Sprinkler Michael C. Skaryd A Absolute Painting of South Florida, Inc. Painting Donato W. Casale Casale Marble Imports, Inc. Tile & Marble Wayne P. Perry Wayne Perry Asphalt Maintenance Paving Page 2 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 Donald E. Gillis Gillis Refrigeration, Inc. A/C Class “B” Contractor Kenneth R. Smith Titan Electrical Contractors, Inc. Electrical F. DISCIPLINARY CASES: Against: WB Construction Management, LLC Qualifier: Timothy W. Bursiek, C/Competency #22632 State: CGC 1506092 Expired Permit Summary 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, and; SLC Land Development Code 11.05.01, (2) a. Time Limitation of Building Permits. Complaint(s) filed by: Staff Investigator: Monica Vargas Barrios Mr. Bursiek is a General Certified Contractor, licensed in St. Lucie County since 4/05/05, he has two building permits expired, was first notified on 11/04/08, with follow up letters. Ms. Barrios said that staff notified Mr. Bursiek again on 1/29/09 of the expired permits, they have had no communication with him, and as of March 17, 2009 the permits remain expired. Staff Recommendation: If WB Construction Management, LLC, Timothy W. Bursiek, Qualifier, is found in violation, that his permitting privileges be revoked in St. Lucie County. 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, or whatever action the Contractor Licensing Board deems necessary. No one was present to represent Timothy W. Bursiek. The list of two expired permits were provided, one permit for a screen room enclosure that did not pass final inspection, and the other permit was for drywall installation which failed inspection. Whether he finished the job was unknown. Mr. Langel questioned whether the homeowner was aware the work had not received final inspection. Ms. Barrios did not know, and had not spoken to the owner. Mr. Langel thought the homeowners should be made aware to put pressure on the contractor to finish the job and receive final inspection. Ms. Ariyanayagam explained the procedure by which complaints are presented, the violation of the contractor is brought before the Board, they are presented with a copy of the Board’s disciplinary action and if it becomes a court case the homeowner and contractor are notified. If the homeowner is notified first, they would say they hired a licensed local contractor and ask what the County has been done about it. The contractor is asked to come before the Board so that disciplinary action that is taken, can be shown to the homeowner, and then it is their responsibility. Mr. Mitchell thought it was backwards and explained that monies owed to the contract might prompt him to finish the job. Ms. Ariyanayagam said they tried it both ways. The homeowner who hires a licensed contractor will ask what’s been done, and if it has been taken before the Code Board or before the CELB. Mr. Davis agreed with Mr. Mitchell and thought the money would be leverage for the homeowner, who could hold back on payment until the final inspection is made. There may be value in making the homeowner aware not to release money until final inspection is satisfied. Ms. Ariyanayagam said most projects are completed and paid; if they are taken before the Code Board, they will ask what has been done with the Licensing contractor, and it’s going back and forth. If a license is revoked, they are allowed to finish the job that’s permitted, but they can’t do anything new. Page 3 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 Mr. Davis discussed suspension on the license depending on the two permits being satisfied. Revoking the license allows for the project to be finished. Mr. Rohrbough commented on suspension or revocation, if they tie a physical inspection to these two projects that when completed, it would clear the homeowner of responsibility and we would know where the projects are. Mr. Davis said to put the responsibility back on the contractor, that within a period of time if he didn’t respond, call for the inspection and have satisfaction made, verify the job is done, take it upon ourselves and close the case for the homeowner’s sake, if not, to bring it back to the Board for a motion against his license. Mr. Rohrbough said this contractor already had letters sent to him and had no response or phone calls, and this individual isn’t interested in clearing these two permits, and the homeowners will be interested in getting them cleared, and if they are done properly and inspected, he would like to see them cleared off the books and we don’t have to deal with the homeowner coming in here. All we have to deal with is the contractor trying to get the license back and permitting privileges back in St. Lucie County. ? Mr. Rohrbough made a motion and said I hereby move in reference to the complaint against WB Construction Management, LLC, and the Qualifier, Timothy W. Bursiek, that the Board make the following determination: After hearing the facts in this case, the testimony and the recommendation of Staff with regards to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. Timothy W. Bursiek shall have his permitting privileges in St. Lucie County revoked until such times as these permits are cleared and he appears before this Board. A copy of the findings of facts in this case and the Board’s Order be sent to the State Department of Business and Professional Regulation. ** Mr. Langel seconded the motion. Mr. Rohrbough said he would like to see a final inspection done on these two permits to see what kind of shape they are in. Discussion ensued on Mr. Rohrbough’s motion. Mr. Davis said he was unable to agree with it. First it was the matter of suspending the license, not revoking, and second, there should be a time limit on it to expect an outcome within 30 or 60 days. Ms. Ariyanayagam advised the Board can not suspend or revoke a State license, they are limited to suspending or revoking permitting privileges. Mr. Rohrbough clarified that suspension was for one year, and revocation was final until the permits clear. Mr. Davis commented on suspending for a period of time, and if not taken care of within that time, then they can revoke, permits can’t be pulled and the two permits have to be cleared up. Mr. Rohrbough asked if this came under our fine process. Ms. Lueke said they can’t be fined, the Board can issue citations. Mr. Mitchell agreed with Mr. Davis, and didn’t want to set a precedent and believed that Mr. Rohrbough was correct about not receiving an answer to suspend, then revoke. Ms. Lueke advised there wasn’t much of a difference between the two options, if you revoke now with conditions, you don’t have to see it again in a year, if you suspend now within a certain time frame, it will come back for revocation and they see it twice. Mr. Davis suggested that a time frame to see the satisfaction within 30 or 60 days be put into the motion. ? Mr. Rohrbough said, “I modify that the revocation be lifted if action is approved within 60 days.” Ms. Ariyanayagam asked if the Board was suspending the State Certified Contractor’s permitting privileges and if he finaled the permits could he can apply for new permits, or would he stay revoked. Discussion ensued. Mr. Davis confirmed the motion was for revocation for a 60 day term, with revocation lifted if satisfaction is made by the County within the 60 days. ** The seconded modified motion was carried unanimously. Against: Cyclone Aluminum, Inc. Qualifier, Angela C. Staples, C/C #23521 Expired Permit Summary Violation: SLC CCL 2-5-20 Revocation or suspension of Certificate of Competency Page 4 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 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: Monica Vargas Barrios Ms. Barrios provided a list of the four expired permits. Staff notified Ms. Staples, Cyclone Aluminum Inc., of the expired permitson 10/16/08. Two of the permits were for pool enclosures, one was for an addition and the other was for miscellaneous building. The four permits were to be renewed and receive a final inspection. Staff notified Ms. Staples again on 1/30/09 that the permits were still expired. Staff has not had any communication with Ms. Staples. As of 3/17/09 the permits remain expired. Staff Recommendation: If Ms. Staples is found in violation that her Certificate of Competency be revoked in St. Lucie County. No one was present to represent Ms. Staples. The Board noted some of the permits were 2 ½ years old. No inspections were completed and it was not complex. The homeowner thought the final inspection was done. Mr. Mitchell asked how a new permit can be pulled when the old ones were expired for two years. Ms. Ariyanayagam said they don’t have a process to determine if the permit is expired, or if the contractor is trying to catch up. The homeowner is notified and allowed to take over the permit and to call for inspection, and the County does the inspection and it becomes the homeowner’s responsibility to come into compliance. The process was discussed. Mr. Rohrbough recommended streamlining this if we have a local contractor, if after 90 days if the Building Dept. receives no response, the Certificate of Competency is automatically revoked until they clear up the expired permits. There’s no reason for the Board to hear it if there is a mechanism in place. Ms. Ariyanayagam said that staff preferred the Board’s action concerning licenses, permitting privileges and revoking Certificates of Competency. Ms. Lueke said if that was something the Board wanted to do, it would take a change to the State Ordinance as there are certain due process guarantees for people who have licenses, that they get to sort of have their day in court, and come in front of this Board. If they wanted to have a blanket policy for other circumstances such as expired permits, and staff was allowed to revoke or suspend either licenses or permitting privileges, that would take a change of the Ordinance. Now, they get to come here and defend themselves. Sometimes coming here is the only thing that makes them move. Mr. Rohrbough made a motion in reference to the complaints against Angela Staples, d/b/a Cyclone Aluminum, Inc., that the Board make the following determination: After hearing the facts in this case, and the testimony and recommendation of Staff with regards to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. Angela Staples shall have her Certificate of Competency revoked in St. Lucie County. ** Mr. Langel seconded and the motion carried unanimously. Ms. Ariyanayagam advised that the Disciplinary Case against Clicks Construction Inc,.had been removed as the contractor was trying to work out the complaint with the homeowner. Against: American Quality Roofing Inc. Qualifier, William Zebrowski Certificate of Competency # 22467; State # CCC 058019 Violation: SLC CCL 2-5-19: Prohibited Activities: Sub sections: (9) Commit any willful, fraudulent act as a contractor as a result of which another is financially injured. Page 5 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 (12) Commence or perform work for which a county building permit is required without obtaining the appropriate approval. SLC CCL 2-5-20 Revocation or suspension of Certificate of Competency (3) Willfully disregards and violates an applicable state or local building code, regulation or law; and (11) Proceeds on any construction job without first obtaining and posting the required country building permits and scheduling the required inspections. Complaint(s) Filed by: Staff Investigator: Carl Brome Mr. Brome provided a summary of a complaint filed by staff regarding the property owner Mr. Michael D. Sesco, 2603 Rolyat St. for re-roofing his house without a permit. He also provided a copy of the statement from the company showing $5,470.00 was paid for the job. Staff spoke with the qualifier/owner of the company who stated he would look into the matter. At attempt to call him on 3/9/09 indicated the phone line was disconnected. The contractor also has one expired permit in St. Lucie County. Staff Recommendation: If Mr. Zebrowski is found in violation of the above charges it is the recommendation of the Code Compliance Division that his permitting privileges be revoked in St. Lucie County and further recommended that this case and a copy of the Board’s Order be prepared and sent to the Florida Construction Industry Licensing Board. Ms. Ariyagayagam said the contractor did not have a permit for the roof for this homeowner who filed a complaint. Mr. Davis clarified he was a roofing contractor who completed the work without a permit. Mr. Mitchell noted this dated back to an August, 2005 invoice. Ms. Ariyagayagam explained this case was brought before the Code Enforcement Board. The homeowner was notified of the CEB action and the homeowner turned it over for action against the contractor. How the complaint initiated and the process that was followed was discussed. ? Mr. Hudspeth made a motion and said I hereby move in reference to the complaint against American Quality Roofing, Inc., and the Qualifier William Zebrowski, that the Board make the following determination: After hearing the facts in this case, the testimony and the recommendation of Staff with regards to the existence of a violation we determine the violation in fact did occur and the alleged violator committed the violation. William Zebrowski shall have his permitting privileges in St. Lucie County revoked until such times as these permits are cleared and he appears before this Board. A copy of the findings of facts in this case and the Board’s Order be sent to the State Department of Business and Professional Regulation. ** Captain Foxx seconded and the motion carried unanimously. OLD BUSINESS: Against: Jay Bria Violation: Engaging in the business or acting 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. Ariyanayagam reviewed the violation and said this case was brought before the CELB on 1/21/09 at the request of Jay Bria, challenging the citation given to his brother for advertising a business without being duly registered or certified. Jay Bria was given the citation on 10/30/08 for advertising the company “United Metal Craft” without a Certificate of Competency. As of 3/15/09 Mr. Duane Bria has officially changed his license from “Florida Safety Equipment” to “United Metal Craft.” Staff stands by the decision that the citation was issued correctly at the time it was issued. Ms. Ariyanayagam reviewed the history of the citation and the lack of filing a d/b/a with the State. Page 6 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 Mr. Davis commented that Duane Bria came to the meeting and he followed through in a timely fashion to correct the violation. Ms. Ariyanayagam said that if the Board determines to reduce the fine, staff was in agreement. ? Mr. Mitchell made a motion in reference to Jay Bria, and after hearing the facts in the case and looking at the certification that this individual did as he was told to convert the Florida Safety Equipment Company to United Metal Craft, I make a motion that the fine be reduced to $250.00 and paid within thirty days of this Board Meeting for the violation of engaging in the business or acting in the capacity of a Contractor without being duly registered or certified. Mr. Davis explained he thought they should drop the fine altogether. ** Mr. Hudspeth seconded the motion. A voice vote was taken: Mr. Dunkelberger-no; Mr. Rohrbough- excused; Mr. Davis- no; Mr. James-yes; Mr. Langel-no; Mr. Curtis-yes; Mr. Hudspeth-yes; Capt. Foxx-yes; Mr. Mitchell-yes. The motion carried 5-3. G. NEW BUSINESS: Ms. Lueke advised the Board it was time for the election of Officers, which was not held in January. ? Mr. Mitchell made a motion tocontinue with Mr. Doug Davis remain as Chair of the Board. ** Mr. Dunkelberg seconded and the motion carried unanimously. ? Mr. Hudspeth made a motion to nominate Fred Rohrbough as Vice Chair. ** Mr. Curtis seconded and the motion carried unanimously. ? Mr. Mitchell made a motion to nominate Craig Dunkelberger as Secretary. ** Mr. Langel seconded and the motion carried unanimously. Ms. Ariyanayagam said staff currently reviews administratively and approves Certificates of Competency for applicants who hold an active license for the City of Fort Pierce and City of Port St. Lucie and provided the process by which they review the applicants. Staff has run into complications when applicants from these two cities have been approved by the other Licensing Boards without taking a trade or business law exam. Staff is asking our Board for their opinion on the review process. If an applicant has this situation would the Board like to have them appear before this Board to verify experience or answer any other questions they may have, or is the Board comfortable with staff granting the Certificate of Competency based on the fact they pulled an active license in either one of those cities without the exam scores. Mr. Davis opposed the approval of a license in cities where we have reciprocity and believe they should have gone through testing and he did not understand why other jurisdictions allow approval of licenses without testing. Ms. Ariyanayagam provided examples, including those who were grandfathered in, that come to staff. Discussion ensued. Mr. Davis thought they needed to keep the flexibility of bringing them before the Board, if there are certain cases they do need to hear, that’s probably the right way to go. He was not in favor of following reciprocity approval of an applicant just because another jurisdiction has approved him on lesser satisfaction of tests or clarification of what their skills ability are. Ms. Ariyanayagam confirmed after March, 2009, that if they have no test scores they will come before the Board for review. Mr. Davis said this Board will determine whether they are approved or not, and if not, their only alternative will be to take the test. I. PUBLIC COMMENT: None Page 7 of 8 BOARD OF EXAMINERS OF CONTRACTORS MEETING March 18, 2009 J. 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 8 of 8