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HomeMy WebLinkAboutMinutes 07-21-2010 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 July 21, 2010 PRESENT Chairman.................................................................................................. Douglas Davis Vice Chairman...........................................................................................Fred Rohrbough ..................................................................................................................Craig Dunkelberger ……………………………………………………………………….……………Haydn Curtis ……………………………………………………………………….……………Roger Hudspeth, II ……………………………………………………………………….……………Michael DiFrancisco ……………………………………………………………………….……..…….Capt. Derek Foxx ABSENT ......................................................................................................…..…..Charles James ……………………………………………………………………………………John Langel ……………………………………………………………………………………Sean Mitchell STAFF PRESENT AssistantCounty Attorney…………………………………………………..…Heather Lueke Code Compliance Manager…………………………………………………...Robin Meyers Contractor Licensing Investigator……………………………………………..Monica Vargas-Barrios Board Recorder…………………………………………………………..……..Danielle Williams A. CALL TO ORDER The meeting was called to order at 8:34 a.m. B. ROLL CALL OF BOARD MEMBERS The roll was called. Board member Charles James, John Langel, and Sean Mitchell were excused. C. APPROVAL OF MINUTES – April 21, 2010 Contractor Examining Licensing Board: Mr. Dunkelberger noted an error on page 4 of 5. He stated that it should be “irrigation restrictions in place of SFWMD” instead of “and description in place of SFWMD”. Motion was made by Mr. Curtis to approve the Minutes of the April 21, 2010 Mr. Dunkelberger seconded and the motion carried unanimously. D. SWEARING IN OF STAFF The following staff member was sworn in by Mrs. Williams: Monica Barrios Vargas. 1 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. Rohrbough seconded and the motion carried unanimously. The names were read into the record, prior to the motion: Qualifier Business Name Type of Contractor Shane W. Seufert Shane W. Seufert Master Electrical (Non-Contractor) Dewey V. Palmer, Jr. Dewey V. Palmer, Jr. Master Electrical (Non-Contractor) Bobby Lee Mantell Bobby Lee Mantel Master Electrical (Non-Contractor) Maxon Saint Fleur Maxon Saint Fleur Master Electrical (Non-Contractor) Jessenin Napoleon Valle Jessenin Napoleon Valle Journeyman Electrical Steven Thomas Traino Steven Thomas Traino Journeyman Electrical Bryan Robert Metz Audiohouse, Inc Low Voltage Electrical Javier Hoyos Javier Hoyos Master Electrical (Non-Contractor) Fred Kurt Kutscher South Atlantic Electric, Inc Master Electrical Tom Savrda Coast Carpentry LLC Carpentry APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Mr. DiFrancisco made a motion to approve the applicants recommended for approval by reciprocity. Captain Foxx seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Wilson Seneval Wilson S. Enterprises, Inc Masonry Michael Guido Michael Guido Carpentry, Inc Finish Carpentry Joseph W. Cicco Joseph W. Cicco Residential-Registered Scott Butler Scott Butler Painting, Inc Painting Daniel Luke Lawrence Daniels Fence Corp Fence Clarence E. Hood, IV C.E. Hood Construction, Inc General Contractor Keith H. Levine Beverly Acquisitions, Inc dba Schrapper’s Fine Cabinetry & Design Finish Carpentry Brett I. Curran Curran Painting, LLC Painting Ali McKinney McKinado’s Welding and Fabrication, LLC Structural Steel Joseph M. Ansaroff Prime Drywall and Painting, Inc Painting Mr. Curtis noted that Scott Butler was under Approval by Reciprocity and he is also listed under Citation. He asked if it was the same person. Mrs. Williams answered in the affirmative. 2 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 Matthew J. Seidel Matt Seidel Painting, Inc Painting Martin Gregoire MMJ Electric, Inc Electrical-Registered Russel Lumsden R L Fabrication, Inc Fence Joseph M. Rust Florida Green Environmental Services, Inc Irrigation Sprinkler John D. Beall Beall Tile, Inc Tile & Marble Louis A. Cefolia, Jr. Amant Homes of Florida, Inc Residential-Registered Russell Kevin Murray Island Creek Drywall, Inc Drywall George Maher All American Garage Doors, Inc Garage Door Ryan Derocher Derocher Construction, LLC Carpentry Richard Nevin Bartholomew See the Difference, Inc Residential-Registered William Allen Tietgens B. T. Gator Carpentry, LLC Carpentry Danielle F. Mascarenhas Danikoll Home Solutions, Inc Tile & Marble William R. Tietgens Tietgens Painting, Inc Painting Jay K. Noyes Jay K. Screens, LLC Concrete George M. Combs Matt Combs Concrete CO Concrete Forming & Placing Paul J. Semande, Jr. Preferred Choice, Inc Siding, Window & Door Mauricio E. Segovia MESL Corp Painting THE FOLLOWING APPLICATION IS RECOMMENDED FOR APPROVAL BY REVIEW; Qualifier Business Name Type of Contractor James I. McPhetres Custom Cages of the Treasure Coast, Inc Aluminum w/Concrete Officer Vargas Barrios noted that Mr. McPhetres submitted his application for Custom Cages of the Treasure Coast, Inc to St. Lucie County on July 9, 2010. On his application, Mr. McPhetres admitted to having a judgment or lien filed against a previous company he used to own by the name of Available Aluminum, Inc. James I. McPhetres, 443 SE Langfield Ave., Port St. Lucie, FL, was sworn in by the Board’s Secretary. Mr. McPhetres stated that when he was doing business as Available Aluminum, Inc, Ashley Aluminum used to be his main supplier in Fort Pierce. In 2007, he was ordering containers of metals directly from China. In 2008, ABC Supply doing business as Town and Country acquired Ashley Aluminum and their debts. He noted that orders were made three to four months in advance and shortly after the housing market crashed. He was left with a warehouse full of metal and no way of paying for it. In 2009, he tried to clear his debts by selling his trucks. On May 1, when he closed his doors, he managed to clear all the contracts in his file except two, which he refunded the homeowner a hundred percent on their deposit. On May 1, he filed personal bankruptcy because his lawyer, John Longley, informed him that the only way to protect him was to do so. On June 30, ABC Supply doing business as Town and Country acquired a judgment against Available Aluminum, but since his had already filed bankruptcy, the judgment was a violation. He is in the process of having a lawyer erase the judgment. 3 The Chairman asked Ms. Lueke if that was how the bankruptcy procedures work. Ms. Lueke answered that she was not familiar with the bankruptcy procedures but it is the general rule that once bankruptcy is declared, other judgments cannot be piled on. She noted that if this was true, there should be a judgment from the bankruptcy court. The Chairman asked if the Board should ask for a follow-up check to make sure everything has been satisfied. Ms. Lueke answered in the affirmative. Mr. Di Francisco asked how long Available Aluminum was in business. Mr. McPhetres answered from the end of 2004 to May 1, 2009. Mr. Di Francisco asked if he opened up right after the hurricanes. Mr. McPhetres answered in the affirmative. He noted that for the previous nine years he ran East Coast Specialties for Michael Hall. Mr. Dunkelberger asked if Available Aluminum was licensed in St. Lucie County. Mr. McPhetres answered in the affirmative. He also noted that he was license in Indian River County, Martin County, Palm Beach County and Melbourne. Mr. Dunkelberger asked if there were any complaints against Available Aluminum. Officer Vargas Barrios answered no. The Chairman suggested that this be approved contingent upon verification through Staff that the lien has been satisfied, then the license can be issued. Ms. Lueke stated that the lien would have to be legally taken off of his record in order to satisfy Staff. Mr. McPhetres noted that his lawyer has been dealing with this for three weeks. He does not know how long it would take. He asked if he would have to wait for his license if this takes a year or two to be resolved. Ms. Lueke stated that if it is the decision the Board made then the answer is yes. The Chairman noted that the Board did not make a motion yet. As the Chairman, he makes suggestions but he cannot make motions. He stated to Mr. McPhetres that it would be up to him or his attorney to provide the required documents. Mr. McPhetres asked if Staff would accept a written confirmation from his lawyer showing that it is in progress. Ms. Lueke answered that Staff would accept confirmation that it was in progress, but Staff needs a decision from the Court showing that the lien has been cleared or the lien was filed inappropriately. Mr. Rohrbough made a motion to approve the license and bring the case back in six months for review in contingent that Mr. McPhetres update Staff every thirty days. 4 He noted that he was impress that Mr. McPhetres has never appeared before the Board for not paying people or not completing contracts. He stated that he should be a contractor in St. Lucie County. The Chairman asked if the license was granted now could it be retracted if the lien has not been cleared. Ms. Lueke answered the code does not state that a license can or cannot be issued in contingent of an event. She noted that Staff does issue temporary licenses for the contractors who are reciprocating until they names are officially read into the record. She suggested that Staff could issue a temporary license for a certain amount of time and once the issue is cleared up, he could get his permanent license. She also suggested that the Staff could issue a temporary license until the next Board meeting and Mr. McPhetres would appear before the Board with an update of his progress. Mr. Rohrbough stated that he would like Mr. McPhetres’s lawyer to give Staff an update every thirty days. He asked Mr. McPhetres if he would like to have the motion amended for a temporary license. He noted that he does not want to keep him from not working since he has been doing everything in the up and up. The Chairman asked Mr. McPhetres if he is in agreement to come back in six months and show the Board the progress he has made and update Staff on a monthly basis. Mr. McPhetres agreed. Mr. Rohrbough made a motion to approve a temporary license and bring the case back in six months for review in contingent that Mr. McPhetres update Staff every thirty days. Mr. Hudspeth seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor Michael L. Blaine Blaine Stucco, LLC Plastering and Stucco Officer Vargas Barrios noted that Mr. Blaine submitted his application for Blaine Stucco, LLC to St. Lucie County on June 16, 2010. Mr. Blaine had a plastering license in St. Lucie County but it became dormant in 2007 because he let it lapsed. Mr. Blaine was approved in 2005 under hardship. He is here today to ask the Board to approve his license under hardship again. Michael Blaine, 5673 SE Inez Ave., Stuart, FL 34997, was sworn in by the Board Secretary. Mr. Blaine noted that he has been in business for thirty-five years and he always upholds the law and the codes. He had the St. Lucie County license and the City of Port St. Lucie but he made them lapsed by mistake. The Chairman noted that in the past, he never voted for hardship cases. He stated that he was probably the only person who voted against giving Mr. Blaine a license in 2005. He asked if Mr. Blaine has a license prior to now. Officer Vargas Barrios answered that he was approved in 2005 and lapsed in 2007. Mr. Dunkelberger made a motion in reference to approving the application for Michael Blaine, Blaine Stucco, LLC. Mr. Curtis seconded the motion. 5 A voice vote was taken on the motion: Mr. Davis-yes; Mr. Dunkelberger-yes; Mr. Rohrbough-yes; Mr. Curtis-yes; Mr. DiFrancisco-no; Mr. Hudspeth-yes; Captain Foxx-yes; The motion carries. Qualifier Business Name Type of Contractor Douglas A. Burk Burk Industries Drywall Specialists Drywall Officer Vargas Barrios noted that Mr. Burk submitted his application for Burk Industries Drywall Specialists on June 29, 2010. She stated that in St. Lucie County the applicant are required to take a competency and business and law examination to obtain a contractor license. Mr. Burk was not able to produce any documentation showing that he took these examinations. Mr. Burk is requesting his application to be reviewed based on his years of experience he has as a drywall contractor in Martin County. Staff does not have the authority to approve the application based only on experience. The Chairman asked when Mr. Burk was approved for his license in Martin County. Officer Vargas Barrios answered that based on the letter of reciprocity from Martin County he has been active since September 24, 1975. Douglas Burk, 937 Dolphin Dr., Stuart, FL, was sworn in by the Board’s Secretary. Mr. Burk noted that he has been license in Martin County since 1975 and stopped renewing his license in St. Lucie County since 1988 or 1989. He would like to get approved in St. Lucie County because he has a job in Harbor Ridge. Mr. DiFrancisco asked Mr. Burk if a test was required in 1975. Mr. Burk answered that there was no test in 1975. He stated that all he had to do to get his license was show that he had workman compensation and liability insurance and an occupational license. The Chairman asked if Staff should use a different term than hardship since Mr. Burk had his license since 1975 and no testing was required. Ms. Lueke explained that the code does not address these set of facts. She noted that the Board could call it grandfathered in. The county does not do automatic reciprocity with Martin County like they do with the City of Port St. Lucie and Ft. Pierce so Staff could not issue him a license. The Chairman stated that he does not see that Mr. Burk did anything wrong. Mr. Curtis made a motion in reference to approving the application for Douglas Burk, Burk Industries Drywall Specialists. Mr. DiFrancisco seconded the motion and the motion carried unanimously. 6 F. CITATION HEARING WAIVER The Chairman asked if there are two waivers requested. Ms. Lueke answered that the first two sets are citation waiver. She explained that the violators waived the hearing by not requesting a hearing and the second two have requested a hearing and are appealing. The Chairman asked if the lien will be placed against the violator and property he owns. Ms. Lueke answered in the affirmative. She explained that the Board has to approve that they did not ask for a hearing and then direct Staff to move forward. (1) Against: Gonzalez Lopez Alejandro, Armando Construction Violation: Section: 1-6.8-24. Enforcement Procedures Section: 1-6.8-26. Collection and recovery of civil penalties Complaint Filed by: Staff Investigator: Monica Vargas Barrios Mr. Hudspeth made a motion to uphold staff’s recommendation that staff place a lien on any real and/or personal property owned by Gonzalez Lopez Alejandro, 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. DiFrancisco seconded and the motion carried unanimously. (2) Against: Luis Carlos Bello Cubides, Girbell Violation: Section: 1-6.8-24. Enforcement Procedures Section: 1-6.8-26. Collection and recovery of civil penalties Complaint Filed by: Staff Investigator: Monica Vargas Barrios Mr. Hudspeth made a motion to uphold staff’s recommendation that staff place a lien on any real and/or personal property owned by Luis Carlos Bello Cubides, 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. DiFrancisco seconded and the motion carried unanimously. 7 G. CITATION APPEALS: (1) Against: Justin D. Taylor Violation: Engaging in the business or act in the capacity of a Contractor without being duly registered or certified. Investigator: Monica Vargas Barrios Recommendation: $500.00 to be paid within thirty (30) days of the date of this Board meeting. Officer Vargas Barrios submitted ten photos dated May 21, 2010. On May 21, 2010, she inspected the property at 1487 Sweet Bay Cir due to a complaint that was called in for unlicensed activity. She noticed Mr. Justin Taylor and Mr. Cory Taylor doing finish carpentry work. She asked Mr. Justin Taylor for his certificate of competency for St. Lucie County. Mr. Justin Taylor explained to her that he held a non-structural license in Martin County. He did not have a license in St. Lucie County which is in violation of Section 2-5-5. She explained to Mr. Taylor that Harbor Ridge is in St Lucie County jurisdiction and any finish trim carpentry or carpentry work must be done by a license contractor. She issued a stop work and a $500 citation for working without a license. She explained to him that he had ten days to pay the citation or appeal it in writing. On June 2, 2010, Staff received a letter from Justin Taylor requesting an administrative hearing regarding the citation. They discussed the application and how to obtain a license in St. Lucie County. On July 8, 2010, Staff sent a letter scheduling Mr. Taylor for the July 21, 2010 hearing. As of July 21, 2010, Mr. Taylor has not submitted an application with St. Lucie County. Staff has issued the citation correctly since Mr. Taylor does not hold a certificate of competency in St. Lucie County. No one was present to represent Justin D. Taylor. Mr. DiFrancisco asked when the deadline for the next test is. Officer Vargas Barrios answered that for the Licensing Board it is October. She does not know about the testing because the testing it done through Prometric and there is different dates and locations. Mr. DiFrancisco asked if he did not meet the deadline or just did not attempt. Officer Vargas Barrios answered that Staff did not receive anything at all. If Mr. Taylor submitted an application, then he would have six months to take the test. Mr. Dunkelberger asked if the notice of the hearing was sent certified. Officer Vargas-Barrios answered in the affirmative. Mr. Dunkelberger asked if she received the receipt back. Officer Vargas Barrios answered no. She stated that she does not know if he received it or if he gave her the wrong address. The Chairman asked if she got the address from him on cite. Officer Vargas Barrios answered that she got the address from off of the letter he submitted requesting an administrative hearing. Mr. Dunkelberger made a motion to uphold the fine. 8 Mr. Curtis seconded and the motion carried unanimously. Officer Vargas Barrios asked the Board if they could add a timing of how long he has to pay the citation. She noted that it is usually within thirty days after the case appears before the Board. If he does not pay, then it has to come back to the Board for a lien. The Chairman stated that by Mr. Taylor appealing, he gets an extra thirty days. Mr. DiFrancisco asked if the lien would be place on the homeowner he was doing the work for. Officer Vargas Barrios answered that the lien will be placed against Mr. Taylor’s his personal property. Mr. DiFrancisco asked if the builder or homeowner hired him. Officer Vargas Barrios answered that there was a General Contractor on the property and permits were pulled for the other work being done. The contractor advised Mr. Taylor to take care of his license. She believes that the contractor hired someone else to take over the work. Mr. DiFrancisco asked what about the contractor who hired an unlicensed contractor. The Chairman answered that it depends on who the contract was with. If Mr. Taylor is working for the general contractor on cite, then it would be would the contractor’s responsibility to verify that he had licensing or insurance. Mr. DiFrancisco asked when if Staff is going after the contractors who hire illegal contractors. He asked if Staff could go back and cite the contractor also. Ms. Lueke answered that the State Statue determines what is on the back of the citation. She noted that Officer Vargas-Barrios had asked her if she could cite a contractor for aiding and abetting unlicensed contractors. She explained that if the contractor has a license with the County, the only thing Staff is allowed to do is bring them in for a disciplinary hearing which is just suspension of their license and permitting privilege. The citations are only issued to unlicensed contractors. The Chairman noted that he was not aware that Mr. Taylor was on a site with an existing contractor who was permitted to do the work. Mr. Taylor work should be under the licensed contractor so the contractor should have been written up or given a notice of infraction to appear before the Board. He noted that going forward, the Board would expect that. The Chairman noted that he should not be given an additional thirty days. Ms. Lueke stated that they do not have to give him thirty days. They could give him ten which would give Monica enough time to mail out the notice and for him to mail payment back. Mr. DiFrancisco asked if Mr. Taylor would be able to appeal again. Ms. Lueke answered that he could not appeal again. Mr. Dunkelberger made a motion for the fine to be paid within thirty (30) days from today. Mr. DiFrancisco seconded and the motion carried unanimously. 9 Mr. DiFrancisco asked what could be done legally to the contractor. Ms. Lueke answered that he could appear before the Board for disciplinary actions at the next meeting in October. Because he is a state contractor, the Board could suspend or terminate his permitting privileges Mr. Rohrbough asked if Mr. Taylor was working for the general contractor or the homeowner. Officer Vargas Barrios answered that Mr. Taylor was working for the general contractor. Mr. DiFrancisco asked if Mr. Taylor was listed as a sub-contractor on the permit. Officer Vargas-Barrios answered that the type of work Mr. Taylor was doing does not require a permit. He was doing the carpentry work. Mr. Hudspeth asked Officer Vargas-Barrios if she has copies of the permits that were pulled. He requested that Staff has it for the next meeting. The Chairman asked Mr. DiFrancisco to make a motion to let the contractor know that the Board wanted to meet with him. Mr. DiFrancisco stated he would like to make a motion to send a letter to the contractor letting him know that the Board is aware that he is hiring unlicensed contractors. Ms. Lueke suggested that Staff gives the contractor notice of the hearing and have an official hearing. The Board could direct Staff to schedule him to appear before the October meeting and if at the end of the hearing, a letter could be placed in his file. She does not suggest that a letter be put in his file without him having due process. Mr. DiFrancisco made a motion to bring the contractor before the Board at the next scheduled meeting. Mr. Rohrbough seconded and the motion carried unanimously. He added that he would like the contractor to bring copies of his workman’s compensation and insurance certificate for the gentleman on the job. (2) Against: Scott D. Butler Violation: Engaging in the business or act in the capacity of a Contractor without being duly registered or certified. Investigator: Monica Vargas Barrios Recommendation: $500.00 to be paid within thirty (30) days of the date of this Board meeting. The Chairman noted that Mr. Butler was approved for his license earlier on. Officer Vargas Barrios submitted five photos dated June 18, 2010. On June 18, 2010, she inspected 1483 Sweet Bay Cir., due to a complaint that was called in for unlicensed activity. She noticed Mr. Scott D. Butler and Brad Sprowls doing painting work on the property.She asked Mr. 10 Butler for his certificate of competency for St. Lucie County. Mr. Butler submitted an expired license that was expired in 2008. Mr. Butler does not have an active license in St. Lucie County which is in violation of Section 2-5-5. She explained to Mr. Butler that the address was in the St. Lucie County and any painting work must be done by a licensed contractor. She issued a stop work order and a $500 citation for working without a license. She explained the procedure and explained to Mr. Butler that he had ten days to pay the citation or appeal it in writing. On June 21, 2010, Staff received a letter requesting an administrative hearing regarding the citation. Mr. Butler also brought in his completed application and requested a temporary license. On July 8, 2010, Staff sent a letter scheduling Mr. Butler for the July 21, 2010 meeting. Staff position is that the citation was issued correctly since Mr. Butler did not hold a certificate of competency in St. Lucie County. Scott, D., Butler, 2122 SE Jackson St., Stuart, FL, was sworn in by the Board’s Secretary. Mr. Butler stated that had a license in St. Lucie County in 2008. He was not aware that his license was dormant until Monica told him at the job site. Two weeks ago he turned down a job in the City of Port St. Lucie because he was not licensed there. Once he realized his license was dormant, he stopped working. He noted that he was not being deceitful. He had the license number still on his van because he thought he was still active. He stated that if he received a renewal notice in the mail, he would not be in the situation he is in now. He noted that Martin County license is for two years and he assumed that his 2008 county license took him to 2010. The Chairman asked Staff what year his previous license was for. Officer Vargas Barrios answered that the license expired in September 2008 . The Chairman asked if the county sends out notices. Officer Vargas Barrios answered that the county did not send them out for the last two years. They started sending them out this year. Mr. Hudspeth asked if a permit was obtained for the job. Officer Vargas Barrios answered that a permit is not required for painting. Mr. Dunkelberger asked if this was related to the other property and if the same general contractor was involved. . Officer Vargas Barrios answered no. She noted that these are two different houses. Mr. DiFrancisco made a motion to dismiss the fine. Mr. Curtis seconded and the motion carried unanimously. H. OLD BUSINESS: None I. NEW BUSINESS: Mr. Hudspeth asked if Staff did follow ups with the Board’s recommendations that were sent to the State. 11 Officer Vargas Barrios answered that she does receive follow up letters from the State. She does receive letter from them to let her know that they receive the Board’s recommendations. Ms. Lueke noted that it has not been Staff’s practice to forward letter from the State to the Board. Staff could start submitting the letter to the Board from the State showing that they received them and what is happening. She noted that they hardly heard back from the State. She noted that if they do receive a letter, Staff could add it to the agenda to let them know what the State is doing so far. The Chairman asked about the State Senate Bill 498, which had to do with moisture sensing. He asked if it went before the Board of County Commissioners yet. Ms. Lueke answered that it had not and it may not. She noted that the Environmental Advisory Committee is going to be looking at it in three weeks. She is getting a general consensus from every committee that it is not something anyone likes. She noted that the Board would probably not vote on it because the committees do not like it. The Chairman asked about the contractor who built the wall and the wall exceeded the height restriction. He noted that this would have been caught in the permitting process if a permit was obtained. He asked if this has been resolved. Ms. Lueke answered that the case is in circuit court for an appeal. The homeowner along with the contractor applied for a variance for the height and setback restriction. The Board of Adjustments denied the variance. The homeowner and contractor are trying to work something out amongst them in order to fix the problem. Mr. Meyer noted that Mr. Chapman, the homeowner, who is trying to work with the contractor. The homeowner will be cutting down all of the columns except the ones at the main gate. He will also resubmit an application for variance based on an amended request. The contractor will be on the agenda for next month’s meeting because the contractor was not cooperating with the homeowner. Mr. DiFrancisco asked if it were walls or columns. Mr. Meyer answered that they are columns with rod iron fencing in between. The interpretation of the code is that a structure higher than four feet cannot be in the front setback. J. PUBLIC COMMENT: None K. ADJOURNMENT: There was no further business and the meeting was adjourned at 9:50 a.m. WEDNESDAY, JANUARY 19, The next Contractor Examining Board Hearing will be held on 2011 AT 8:30 A.M. Respectfully submitted, -------------------------------------------------- Craig Dunkelberger, Board Secretary 12