MINUTES FROM THE ELECTRICAL CONTRACTORS LICENSING BOARD MEETING HAMPTON INN & SUITES 80 BEACH DRIVE NE ST. PETERSBURG, FLORIDA JULY 15-17, 2015

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1 MINUTES FROM THE ELECTRICAL CONTRACTORS LICENSING BOARD MEETING HAMPTON INN & SUITES 80 BEACH DRIVE NE ST. PETERSBURG, FLORIDA JULY 15-17, 2015 The Board meeting was called to order by Chairman Timothy Chinchor at 8:30 a.m. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL Members Present Timothy Chinchor (Chairman) Benjamin Smith (Vice-Chairman)(7/15/15, 7/16/15) Robert Bramlett David Botknecht Kenneth Hoffmann Brian Flaherty Thomas McHaffie John (Jay) Cannava Bruce Barr Kathleen Krak Rafael Echarri Members Absent Benjamin Smith (Vice-Chairman)(7/17/2015) Others Present Ruthanne Christie, Executive Director Stacey Buccieri, Government Analyst II Deborah Loucks, Esq., Assistant Attorney General Daniel Brackett, Esq., Assistant General Counsel Court Reporter Berryhill Court Reporting Approval of the Agenda MOTION: Mr. Flaherty made a motion to approve the agenda. SECOND: Mr. Hoffmann

2 A. Rodriguez, Osvaldo License #: ER Case #: Motion to Reconsider (Filed by Respondent) Mr. Rodriguez was present and sworn in by the court reporter. MOTION: Mr. Flaherty made a motion to reopen this case and reconsider the June 2015 Final Order. SECOND: Mr. McHaffie. MOTION: Mr. Flaherty made a motion to dismiss count I of the administrative complaint and the revocation of the Respondent's license. Impose costs of one hundred seventyfour dollars and sixty-five cents ($174.65) to be paid within ninety (90) days and a reprimand. B. Scott, Albert J. License #: EF Case #: Settlement Stipulation Mr. Scott was present and sworn in by the court reporter. Mr. Scott stated he was no longer represented by Counsel and he felt comfortable moving forward with this case. Mr. Scott was charged with violations of (1)(r), F.S., proceeding on any job without obtaining applicable local building permits and inspections and (7), (1)(q), F.S., failing to affix a registration or certification number as required by (7), (1)(q), F.S. Mr. Bramlett, Mr. Flaherty and Mr. Hoffmann were recused. MOTION: Mr. Chinchor made a motion to accept the Settlement Stipulation as presented by the Prosecuting Attorney. This Settlement Stipulation provided that Mr. Scott pay an administrative fine in the amount of $1, and investigative costs in the amount of $ to be paid within ninety (90) days. SECOND: Mr. Smith. C. Stevenson, Gregory License #: EC , EC and EC

3 Case #: Settlement Stipulation Mr. Stevenson was present and sworn in by the court reporter. Mr. Stevenson s Attorney was not present and he stated he was comfortable moving forward with this case without his Attorney present. Mr. Stevenson was charged with a violation of (1)(j), F.S., By performing any act which assists a person or entity in engageing in the prohibited uncertified and unregistered practice of contracting, if the certificate-holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. Mr. Bramlett, Mr. Flaherty and Mr. Hoffmann were recused. MOTION: Mr. Chinchor made a motion to reject the Settlement Stipulation and offered a Counter Settlement Stipulation that includes probation for 2 years, an administrative fine of $1, and six (6) hours of board approved continuing education courses related to the laws and rules governing the practice of electrical contracting in the State of Florida within 6 months. Mr. Stevenson did not accept the counter offer on the record. SECOND: Mr. Smith. Motion passed with a vote of 6 to 2. Ms. Krak and Mr. Botknecht opposed. APPLICATION REVIEW Additional Business Applications See attachment for a list of applicants that were present during this portion of the meeting: The Court Reporter swore in, as a group, the applicants and those persons providing testimony on behalf of the applicant. During the review each applicant and their respective designees were interviewed in turn and answered general questions concerning the business entity they wished to qualify and direct questions concerning their understanding of their responsibilities and obligations as primary qualifying agent. Mr. Smith asked of the second business applicants collectively as a group: Do you understand that you will be legally responsible for every job undertaken by this business? Do you understand that you will be financially responsible for every job undertaken by this business? Do you understand that you are required to approve the work done on every job undertaken by this business? Do you understand that your license is dependent upon how seriously you take these responsibilities? Each applicant answered affirmatively to each of the preceding questions

4 Petition for Declaratory Statement, Deborah Loucks, Esq., Assistant Attorney General Andy Bachman, P.E. Regarding Work for Public Utility The Petitioner was not present nor represented by counsel. In the petition, the petitioner asked if contract work for a public utility company would require a license to construct and maintain high voltage distribution and transmission systems and construct high voltage substations and equipment. MOTION: Mr. Hoffmann made a motion to answer yes a license is required to provide the service described in the petition. SECOND: Mr. Flaherty. Petition for Variance or Waiver, Deborah Loucks, Esq., Assistant Attorney General Simon P. Salgado, Rule 61G , F.A.C. Mr. Salgado was not present nor represented by counsel. MOTION: Mr. Chinchor made a motion to deny the Petition for Variance or Waiver. SECOND: Mr. Flaherty. Motion passed with a vote of 7 to 3. Ms. Krak, Mr. McHaffie and Mr. Hoffmann were opposed. Reconsiderations, Deborah Loucks, Esq., Assistant Attorney General Luis A. Martinez Request to Withdraw Mr. Martinez was not present nor represented by counsel. MOTION: Mr. Chinchor made a motion to vacate the Notice of Intent to Deny and withdraw the application. SECOND: Mr. Flaherty. Thomas E. Warner Request to Withdraw Mr. Warner was not present nor represented by counsel. MOTION: Mr. Flaherty made a motion to vacate the Notice of Intent to Deny and withdraw the application. SECOND: Mr. Botknecht

5 Horst Odparlik Request to Remove Probation Mr. Odparlik was not present nor represented by counsel. MOTION: Mr. Chinchor made a motion to remove probation. SECOND: Mr. Botknecht. Hearings Not Involving Disputed Issues of Material Fact, Deborah Loucks, Esq., Assistant Attorney General Mark Adamson Mr. Adamson was present and sworn in by the court reporter. MOTION: Mr. Hoffmann made a motion to reverse the denial and approve the application contingent upon receipt of a CPA prepared reviewed, compiled or audited business financial statement showing a net worth of at least $10,000. SECOND: Mr. Botknecht. Motion passed with a vote of 8 to 1. Mr. McHaffie was opposed. Andres Gonzalez Mr. Gonzalez was present and sworn in by the court reporter. MOTION: Mr. Chinchor made a motion to reverse the denial and approve the application. Roger Dean Lower Mr. Lower was present and sworn in by the court reporter. MOTION: Mr. McHaffie made a motion to reverse the denial and approve the application. Ivan Martinez Mr. Martinez was not present nor represented by counsel. MOTION: Mr. McHaffie made a motion to uphold the denial

6 Fernando Ortiz Mr. Ortiz requested a continuance. MOTION: Mr. Chinchor made a motion to grant the continuance. SECOND: Mr. Cannava. Brock Schwebke Mr. Schwebke was present and sworn in by the court reporter. MOTION: Mr. Chinchor made a motion to reverse the denial and approve the application. SECOND: Mr. Botknecht. Eric Sullivan Mr. Sullivan was present and sworn in by the court reporter. MOTION: Mr. McHaffie made a motion to reverse the denial and approve the application. Benjamin Turner Mr. Turner was present and sworn in by the court reporter. MOTION: Mr. McHaffie made a motion to reverse the denial and approve the application. SECOND: Mr. Chinchor. Patrick Wagner Mr. Wagner was present and sworn in by the court reporter. MOTION: Mr. Chinchor made a motion to reverse the denial approve the application. SECOND: Mr. Cannava. Bryan Williams Mr. Williams was present with Attorney Michael Hildebrandt and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application. SECOND: Mr. McHaffie

7 Michael Winterton Mr. Winterton was present and sworn in by the court reporter. MOTION: Mr. Botknecht made a motion to reverse the denial and approve the application. SECOND: Mr. Chinchor. Michael John Shaffer Mr. Shaffer was not present nor represented by counsel. MOTION: Mr. Chinchor made a motion to reverse the denial and approve the application. SECOND: Mr. Cannava. Continuing Education Course Application Jacksonville Academy of Electrical Technology Fire Alarm System Agent Training Online (12 hours) No one was present for the review of this continuing education course. MOTION: Mr. Chinchor made a motion to deny the course for 12 hours of FASA training and education due to failure to show a method of online verification and failure to include false alarm information. Probation Committee Report MOTION: Mr. Hoffmann made a motion to accept the probation reports of Santiago Arredondo, Robert Bentz, Paul Bolcavage, Larry Cheatham, Richard Darling, Jorge Fiallo, Benny Gordils, Glenn Grant, Dennis Guinn, Wallace Herron, Gary Hodges, Mark Lewis, Richard Litland, Nickie Phillips and Lazaro Zuniga. Legislative Report There was no legislative report. Rules Report, Deborah Loucks, Esq., Assistant Attorney General Ms. Loucks stated there were no rules in process at this time. Ms. Loucks reported the enhanced rule review was complete and she would be presenting any rules to be repealed or changed to the Board in the near future

8 Financial Budget Liaison Report There was nothing new to report at this time. Unlicensed Activity (ULA) Report Mr. Tim McGrath, Field Office Manager, Division of Regulation, provided the Board with an update on the unlicensed Activity enforcement efforts. Mr. McGrath reported there were 654 sweeps and 38 stings completed in the fiscal year. Mr. McGrath stated the Division of Regulation have investigated 539 unlicensed electrical cases statewide and issued 320 Notices to Cease and Desist. The unlicensed activity unit has received 194 legally sufficient complaints via the Mobile Application this past fiscal year. Examination Report The Board reviewed the May 2015 and the June 2015 examination reports. Endorsement Report No changes. Approval of Minutes May 2015 Draft MOTION: Mr. Bramlett made a motion to approve the meeting minutes. SECOND: Mr. Chinchor. Ratification of Applications The ratification lists for the results of the Grandfathering Committee and Initial Licensure Application Review will be attached to the minutes and incorporated by reference. MOTION: Mr. McHaffie made a motion to ratify the Issue File/Grandfathering Committee and Initial Application Review Committees results. SECOND: Mr. Hoffmann. Old Business/New Business Mr. Bob Neely and Mr. Doug Bassett addressed the Board stating they had some concerns about statutory interpretations for alarm sales. Ms. Loucks advised them to request a Declaratory Statement. Prosecuting Attorneys Report, Daniel Brackett, Assistant General Counsel Mr. Brackett directed the Board s attention to the details of the report, which he distributed to the members. The report included case information for all open cases as of July 13,

9 Executive Director s Report Ms. Christie directed the Board s attention to the enforcement report. Election of Officers MOTION: Mr. Chinchor made a motion to nominate Mr. Smith for Chairman. MOTION: Mr. Chinchor made a motion to nominate Mr. Botknecht for Vice-Chairman. Chairperson s Comments Mr. Chinchor stated it was great to work with the members and he really enjoyed his time as Chairman. The members thanked Mr. Chinchor for his leadership. Adjournment

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