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HomeMy WebLinkAboutMinutes 05-20-2009 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, May 20, 2009 PRESENT Chairman ................................................................................................................Douglas Davis Vice Chairman.........................................................................................................Fred Rohrbough Board Members …………………………………………………………………………..Charles James .............................................................................................................................John Langel .............................................................................................................................Michael DeFrancisco .............................................................................................................................Capt. Derek Fox ABSENT Excused: Secretary…………………………………………………………………………………..Craig Dunkelberger Board Members....................................................................................................... Sean Mitchell 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......................................................................................................Beatriz Goycochea 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 18, 2009 Contractor Examining Licensing Board: ? Motion was made by Mr. Curtis to approve the Minutes of the March 18, 2009 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, Monica Barrios, Carl Brome and Swendy Ariyanayagam. E. APPLICATIONS TO BE APPROVED: No applicants were pulled for discussion or consideration. BOARD OF EXAMINERS OF CONTRACTORS MEETING May 20, 2009 BY REVIEW: Ms. Ariyanayam explained the reason for Board approval of the applicant for review. Since 1989 Mr. Marburger has held a license, and at that time no exams were required in Port St. Lucie for an irrigation license. Mr. Marburger has passed all the other requirements in St. Lucie County except for the exam. Based on having over 20 years of experience, staff recommended approval of his application. Mr. Davis confirmed he has been active in this profession since 1989 and no tests at that time were required for that particular trade. No complaints were recorded against Mr. Marburger’s license. ? Motion was made by Mr. Rohrbough to approve the applicant recommend by Review. ** Mr. Langel seconded and the motion carried unanimously. His name was read into the record: Qualifier Business Name Type of Contractor Larry E.Marburger The Sprinkler Man of Port St. Lucie, Inc. Irrigation Sprinkler BY CONSENT VOTE: No applicants were pulled for discussion. ? Motion was made by Mr. Rohrbough 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 John G. Maitland Soundtech Systems, Inc. Alarm I Randy L. Ray Randy Linton Ray Journeyman Electrician Jack F. Fadden Fadden Electric LLC Electrical Bradley D. Wolf Jupiter Electric LLC Electrical Theodore (Ted) V. Baideme Ted Baideme, Inc. Carpentry Donald Sanderson Clay’s Asphalt Maintenance, Inc. Paving Earnest L. Conwell Conwell Construction LLC Carpentry APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Mr. Hudspeth questioned the reciprocity process for approval, and applicants meeting all the criteria. Ms. Ariyanayagam explained if the applicants did not meet the criteria they are put under review, and review status would indicate they did not meet the criteria. Reciprocity indicates they have meet all the criteria required. ? Mr. Hudspeth made a motion to approve the applicants recommended for approval by reciprocity. ** Mr. Curtis seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Robert D. Schel Wallcoverings by Bob Schel LLC Painting Robert Kane Robert Kane Journeyman Plumber* Gabriel A. Ramirez Superior Tile & Interior LLC Tile & Marble Stephen D. Schoonmaker Schoonmaker Electric LLC Electrical Myra S. Smith Mancil’s Tractor Service, Inc. Demolition Charles A. Zito Finish Carpentry Contracting, Inc Carpentry William O. Joyce Hydro Dynamic Pumping Services, Inc. Irrigation Sprinkler Page 2 of 6 BOARD OF EXAMINERS OF CONTRACTORS MEETING May 20, 2009 Neil R. Ortner M & M Asphalt Pavement Main. Corp Paving Eric B. Ebright Ebright Masonry Inc. Masonry William D.Meiling Long Island Painting Co. Painting David A. Barr D.A.B. Painting Inc. Painting Steven A. Sonner Mobile Home Service & Supply Inc. Aluminum W/Concrete William Lee Albertson Wayne Dalton Corp. Garage Door Mr. Curtis noted Mr. Kane had originally been listed as a Journeyman Electrician on the agenda materials. Ms. Ariyanayagam explained it was a typo that was corrected and that information distributed to the Board. 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 Gerald R. Ripple Jerry Ripple Stucco Inc. Plastering Jerry G. Gianoutsos Florida Exotica Landscape Co, Inc. Irrigation Sprinkler Mark Alan Lamb Storm Roofing, Inc. Roofing William L. Smith Will Smith Flooring, Inc. Tile & Marble Don R.Mancil Mancil’s Tractor Service, Inc. Land Clearing Paul Bogaert Paul Bogaert Trim Carpentry LLC Finish Carpentry Anthony O Diodato Alt Electric Inc. Electrical Ted L. Howard Pioneer Screen Doors & Glass Rooms LLC Aluminum w/Concrete Richard E. Lea Richard Lea Inc. Carpentry Stephen J. Troska Screen Construction Inc. Aluminum w/Concrete Dennis J. Thompson Wilbur Plumbing Inc. Plumbing Paul A. Verga Versatile Improvements & Remodeling Inc. Residential Robert F. Butler Summit Professional Painting LLC Painting Hoover O. Fino Fino’s Screen & Aluminum Co. Aluminum w/Concrete Karl R. Newsome Newsome Building Contractor Inc Contractor F. DISCIPLINARY CASES: Against: A Seawall Inspection Service, Inc., Lawrence S.Clippinger Home Docks and More Construction, Inc. #C/C 25430, State License #CGC050816- One Expired Permit 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 (8) Abandons a construction project; (11) Proceeds on construction job without First obtaining and posting required permits and scheduling required inspections Complaint Filed by: Staff and resident Delila McKenna, 6311 Oleander Ave. Investigator: Carl Brome No one was present to represent Seawall Inspection Services, Lawrence S. Clippinger. Mr. Brome stated an investigation revealed the above violations for an expired permit from homeowner Delila McKenna, who filed a formal complaint against Homes Docks & More, Inc., who contracted for renovations to a single family residence on February 5, 2007. She paid approximately $50,000.00 of the agreed amount to the contractor and approximately 25% of the work still needs to be done. The owner has had difficulty in contacting the contractor and getting the work completed. Staff has been coordinating with the contractor and homeowner but the permit still requires being reactivated and finaled. Page 3 of 6 BOARD OF EXAMINERS OF CONTRACTORS MEETING May 20, 2009 Previously, the contractor had renewed the permit under Seawall Inspection Service, Inc., for inspections approved and the permit has expired. The permit requires renewal and final inspections performed. Mr. Clippinger has not returned calls. Staff Recommendation: If Mr. Cliffinger is found in violation of the above charges it is the recommendation of the Code Compliance Division that permitting privileges be revoked in St. Lucie County until the permit is renewed and has received a final inspection. It is further recommended that a copy of the Findings of Facts in this case be sent to the State Department of Business and Professional Regulation. Term of suspension not to exceed one (1) year. Mr. Davis clarified the contract was with Home Docks and More, Inc., and no permit was pulled. Mr. Brome said the permit was initially pulled under Home Docks and More, and renewed under Sea Wall Inspection Service, Inc. Mr. Clippinger is the same qualifier for both entities. Mr. Davis clarified after the permit was pulled under Sea Wall Inspections, Inc., no inspections were called and no final approvals made. Inspections were called for in October, 2008, and not approved. The first permit was pulled in October, 2006. March 7,2007 was the first inspection for interior renovation. The second inspection failed for electrical and other work. Mr. Davis clarified they proceeded on the job before first obtaining the required County building permit and pursued work before applying. Mr. DiFrancisco questioned if Home Docks and More was still in Business. Mr. Brome said their license is delinquent with the State and the only active license is Seawall Inspection. Mr. Rohrbough noted that there were problems with electrical and mechanical work, and if there were contractor permits for them. Ms. Ariyanayagam said normally they have sub-contractors, the County goes after the contractor hired by the homeowner for this violation, and they would require electrical and mechanical licenses. Mr. Rohrbough understood the contractor was ultimately responsible for the job, but the electrical final and mechanical final were turned down, and those companies did not have their subs come back to correct it or have it re-inspected and pay the fees. Ms. Ariyanayagam concurred, they had not done that. Mr. Brome said he had contact with Mr. Clippinger at one time, but his recent phone calls had not been returned. Mr. Hudspeth thought the sub-contractors were actually responsible for the job if they did the work, and they should have a follow-up. Discussion ensued on staff pursuing the subcontractors. Staff was unable to receive a response from the contractor. No one was present to represent the contractor. Delila McKenna, the homeowner, 6611 Oleander Ave., Fort Pierce, Fl., was sworn in. She had nothing further to add to staff’s presentation, the job began in 2005, the last contact with the contractor was prior to 2009, the last inspection failed in October. Mr. Clippinger’s State license is out of Fort Lauderdale, Fl., and is still active. Mr. Davis said this is a grievous case and flies in the face of what they stand for. Ms. Lueke advised of a typo in staff’s recommendation for permanent revocation not to exceed for one year which is usually recommended for suspensions. Ms. Ariyanayagam said staff would recommend his permitting privileges be revoked in St. Lucie County, term of one year should be eliminated, and a copy of the findings of fact be sent to the State Department of Business and Professional Regulation. If the project is to be completed, the contractor would be allowed to finish this project only, under his State License. ? Mr. Hudspeth made a motion regarding the complaints against Seawall Inspection Service, Inc., that the Board of Examiners make the following determination, after hearing the facts in the case, the testimony and recommendation of staff in regards to the existence of a violation, we determine the violation did occur and the alleged violator committed the violation, Lawrence S. Clippinger, d/b/a/ Seawall Inspection Service, Inc., shall have his permitting privileges suspended indefinitely in St. Lucie County and a copy of the Findings of Fact in this case be sent to the State Department of Business and Professional Regulation. ** Mr. Curtis seconded the motion. Mr. James noted that staff’s recommendation was for revocation, instead of suspension for a State License. Page 4 of 6 BOARD OF EXAMINERS OF CONTRACTORS MEETING May 20, 2009 ? Mr. Hudspeth amended his motion to revoke the permitting privileges instead of suspension. ** Mr. Curtis seconded the amended motion and it carried unanimously. Ms. Ariyanayagam explained the Board’s action for a State License and staff’s information being sent to the State Mr. Rohrbough confirmed the last address for the contractor was in Fort Lauderdale and suggested a copy of the case and the Board’s action be sent to the Building Department in Broward County. Against: Confident Cleaners Inc., D/B/A Oasis Aluminum and Screen George M. White, Qualifier, C/C #24341 One Expired permit 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 Vargas Barrios *Ms. Barrios provided a list of one expired permit and five photos. On 10/13/08 staff notified Mr. White with Confident Cleaners, Inc., d/b/a Oasis Aluminum and Screen about the expired permit which needed to be renewed and receive a final inspection. On 2/10/09 staff again notified Mr. White of the expired permit, and on 4/7/09 a Notice to appear was sent. Staff has had no communication with him, and as of 5/20/09 the permit remain expired. Staff’s Recommendation: If Mr. White is found in violation staff recommends that the Certificate of Competency be revoked in St. Lucie County. Mr. Davis asked if the mail being sent to notify the individuals of the charges against them and the Notice to th Appear before the Board was sent Certified or regular mail. Ms. Barrios indicated the April 7 Notice was sent by Certified Mail. Mr. Davis confirmed the projects were completed but had not received a final inspection. No one was present to represent George M. White. No one was present to represent the Homeowner. Mr. Rohrbough questioned if this was another case for a screen room added on, involving the fourth wall category and the permit expiring. Ms. Ariyanayagam said the fourth wall was approved, other problems needed to be corrected. Mr. DiFrancisco commented thatthey can’t get in touch with the builder. ? Mr. DiFrancisco made a motion to accept staff’s recommendation and moved in reference to the complaint against George M. White, Confident Cleaners, Inc., d/b/a/ Oasis Aluminum and Screen, that the Board make the following determination: after hearing the facts in the case, the testimony and recommendation of staff in regards to the existence of a violation, we determine the violation did occur and the alleged violator committed the violation, George M. White, Confident Cleaners, Inc., shall have his Certificate of Competency revoked in St. Lucie County. ** Mr. James seconded and the motion carried unanimously. G. OLD BUSINESS: None H. NEW BUSINESS: None Page 5 of 6 BOARD OF EXAMINERS OF CONTRACTORS MEETING May 20, 2009 J. PUBLIC COMMENT: Ms. Ariyanayagam noted an applicant in the audience who received his license today. The Board wished him well. K. ADJOURNMENT: There was no further business and the meeting was adjourned at 9:30 a.m. Respectfully submitted, -------------------------------------------------- Douglas Davis, Chairman ----------------------------------------------------- Mary F. Holleran, Specialist Consultant Page 6 of 6