Largo, Florida, January 23, 2018

Transcription

1 Largo, Florida, January 23, 2018 The regular bimonthly meeting of the Pinellas County Construction Licensing Board (PCCLB) was held in the Board Conference Room, Belcher Road, Suite 102, Largo, Florida at 12:33 P.M. on this date. Members Present: MEMBERS Glenn Wardell, Vice-Chair Doug Erwin Kevin Garriott Alan Holderith James "Arry" Housh Mike Kelly Marina Kron Rob Maslo (late arrival) Greg Rice Mike Rodde James Rosenbluth CLASSIFICATION Electrical Contractor General Contractor Roofing Contractor Pool Contractor Mechanical Contractor Plumbing Contractor Fire Marshal Building Contractor Not Present: Rick Dunn, Chair Fritz Wolf Jim Ford Residential Contractor Also Present: Gay Lancaster, Interim Executive Director, PCCLB Anne L. Maddox, Department Administrative Manager, PCCLB Pamela Glad, Senior Office Specialist, PCCLB Carl S. Brody, Senior Assistant County Attorney J acina Haston, Assistant County Attorney Other interested individuals Jenny Masinovsky, Board Reporter, Deputy Clerk

2 CALL TO ORDER Vice-Chair Wardell called the meeting to order at 12:33 P.M.; whereupon, he indicated that due to the lack of a quorum, the Board will deviate from the Agenda and receive the Interim Director' s report at this time. III. REGULAR AGENDA C/B. Gay Lancaster, Interim Director Report/Budget Quarterly Report (First Quarter Fiscal Year 2018): Ms. Lancaster indicated that Senate Bill 402 and its companion, House Bill 1137, relate to the agency, noting that they differ with regard to the effective date; that she worked with the County Administrator' s Office on the commentary on economic impact, including costs associated with Information Technology improvements and the Sheriff's enforcement services for the remainder of 2018 and 2019; and that full budget funding is being requested from the state. Ms. Lancaster provided an update regarding the Sheriff's services, indicating that 399 of 658 cases have been closed since inception of the program in August; whereupon, she related that 2014 cases outsourced for collections have returned $1, Noting that the item does not require the Board' s action, Ms. Lancaster referred to the budget report contained in the agenda packet, which has been filed and made a part of the record, and explained the figures for the first quarter, indicating that belttightening in tenns of operations and an enhanced effort to "clean up" the case backlog have resulted in an increase in general revenue of almost 57 percent and a decrease in operating expenses of 39 percent compared to last year. She thanked staff, Vice-Chair Wardell, and Attorneys Brody and Haston for their efforts in reviewing the backlog of cases from 2015 and 2016, noting that she anticipates there will be quite a few cases to be heard by the Board at the March meeting; whereupon, referring to page 2 of the budget report, she indicated that the Office of Management and Budget has chosen not to allocate charges for information technology and intergovernmental services at this time. During discussion and responding to queries and comments by Mr. Kelly regarding errors in some of the references to county municipalities found in House Bill 113 7, 2

3 Ms. Lancaster, with input provided by Attorney Brody, indicated that mmor changes that she recommended were not accepted; whereupon, she suggested that it may be more effective for Mr. Kelly to convey his concerns directly to the Representative' s office. Later in the meeting, Vice-Chair Wardell indicated that he had also commented on the errors, as well as on the exclusion of representatives from Clearwater and St. Petersburg as permanent members of the Board, with which he disagreed, noting that they bring valuable perspectives. Responding to queries by Mr. Rosenbluth, Ms. Lancaster provided clarification regarding the budget, indicating that while the County officials contend that there remains a need for a bridge loan, they realize that PCCLB revenues are much higher than projected; however, there may be additional expenditures, such as the Sheriffs service, which may require more manpower and funding. Pledge of Allegiance/Roll Call/Oath Ms. Lancaster indicated that Mr. Maslo, whose presence would constitute a quorum, is en route, and responding to her query, Attorney Brody stated that his participation by phone will require a vote. Vice-Chair Wardell led the Pledge of Allegiance; whereupon, Mr. Garriott moved, seconded by Mr. Rosenbluth and carried unanimously, that Mr. Maslo' s participation by phone be approved. Later in the meeting, Vice-Chair Wardell administered the Oath to persons planning to give testimony, and Ms. 'Lancaster conducted a roll call of the members and confirmed the presence of a quorum. I. CONSENT AGENDA - APPROVED Vice-Chair Wardell presented the Consent Agenda items as follows: A. Minutes for PCCLB Meeting of December 11, B. Examining Committee Reports for November and December C. Special Magistrate Minutes for Meetings of September 12 and November 14, D. Expired Permit Violations (Spreadsheet): 1. Motion to remove any cases in which contractors made a last-minute request for hearing. 3

4 2. The cases included under the Expired Permit Violations spreadsheet, provided at the meeting and included in the agenda packet, were forwarded to the PCCLB from various building departments for disciplinary action by the Board due to expired permits which were not resolved within the 30 days after notification by the Board. Upon review for probable cause, an Administrative Complaint was served in each of the cases, and the violations remain. The contractors have been notified of the hearing by certified mail. The Executive Director recommends that the Board accept the allegations as filed in the Administrative Complaint as findings of fact and enter a Final Order as follows: Reprimand for permit violation; Fine of $300; Administrative fees and costs of $226; and Thirty days to comply. If not, license is subject to suspension. E. Release of Liens, Dismissal of Citations: Kazimierz Sochocki. Mr. Rosenbluth moved, seconded by Mr. Kelly, that the Consent Agenda items be accepted. Upon call for the vote, the motion carried unanimously. IL PUBLIC HEARINGS A. Informal Hearings: 1. Alan Dezayas, Al (Case resolved prior to hearing) 2. Buba Barrow, CBC , A (Not served per USPS) 3. Dorman Payne, I CCC022483, A (Mail returned undelivered) 4. John Davenport, I CCC , A (Mail returned undelivered; License Closed) B. Requests for Reconsideration of Final Order: 1. Daniel Bickford 4

5 January 23, 2018 In response to query by Vice-Chair Wardell, Ms. Maddox confirmed that the only pending case is a request for reconsideration by Daniel Bickford, and Ms. Lancaster referred to backup materials, included in the agenda packet, and provided background infonnation, indicating that while Mr. Bickford had requested reconsideration of his case, he communicated that he did not intend to appear at the hearing; and that there is a solid violation record. Responding to queries by Ms. Lancaster and Mr. Holderith, Attorney Brody provided information concerning the violation and the complainant's request and advised that before the Board makes a decision regarding a fine, it must decide whether to reconsider the case. Noting that the complainant has not made an effort to appear at the hearing, Mr. Holderith moved, seconded by Mr. Rosenbluth, that the case not be reconsidered. Upon call for the vote, the motion carried unanimously. * * * * Mr. Maslo entered the meeting at 12:59 P.M. * * * * III. REGULAR AGENDA A. Approval of Independent Testing Agencies. Ms. Glad introduced Jay E. Bowermeister, President of the Independent Testing Service, LLC, and provided background information regarding him, the company, and the original testing company utilized by the PCCLB, Block and Associates. She indicated that Independent Testing Service was previously approved and needs to be recertified, adding that her office has received positive feedback from contractors regarding the company. Mr. Bowermeister referred to a handout titled Gainesville Independent Testing Service, LLC, noting that it includes information pertaining to the company' s legal status and background, business tax receipts, license numbers of the primary developers and consultants, contact information, a recommendation letter, and the names and code numbers of the exams they provide; whereupon, he discussed the 5

6 company history, credentials, expert staff, local testing sites, and scope, noting that it is involved with 39 Florida counties, two other states, and two countries outside of the United States; and that it has developed and administers 268 construction licensing exams. In response to query by Vice-Chair Wardell, Mr. Bowermeister indicated that all of the company' s exams have been accepted by the State of Florida, with the exception of one; and that it strives to keep the exams current with regard to State license categories. Mr. Rosenbluth moved, seconded by Mr. Holderith, that the proposal for testing be accepted. Upon call for the vote, the motion carried unanimously. IV. CITIZENS TO BE HEARD No one appeared in response to the Vice-Chair's call for persons wishing to be heard. V. MISCELLANEOUS DISCUSSION Next Meeting Ms. Lancaster indicated that due to the volume of cases to be presented for the Board' s review at the next meeting, it will be longer than usual, and inquired as to the time when the Board wishes to convene. Responding to queries by Mr. Rosenbluth, Ms. Maddox indicated that the backlog consists of approximately 30 cases, and Ms. Lancaster noted that at least half of those would likely come to the Board. Following discussion, Mr. Rosenbluth moved, seconded by Mr. Housh, that the next meeting of the Board take place on March 20 at 11 :00 A.M, and upon call for the vote, the motion carried unanimously. Division of Administrative Hearings (DOAH) In response to queries by Mr. Rosenbluth, Ms. Maddox indicated that options available to contractors against whom a complaint is filed include (1) stipulating to the fine, (2) requesting an informal hearing by the Board, or (3) requesting a formal hearing by the DOAH. Ms. Lancaster pointed out that time standards and supervision will be applied to the process to avoid future backlogs; whereupon, she invited the Board to consider the 6

7 option of utilizing a special magistrate to arbitrate forn1al hearings in lieu of DOAH, noting the efficiency and convenience that the change may bring. During discussion and responding to queries by the members, Ms. Lancaster indicated that there will be no additional cost to using a special magistrate. Attorney Brody advised that while there is no strict time limit for testimony presented to the Board or special magistrate, a chainnan or magistrate may exercise controls based on basic rules of decorum. He discussed the advantages of utilizing a special magistrate, indicating that the number of informal hearings may decrease because the respondents may choose to have formal hearings by a special magistrate instead, given that the process is generally understood; that they would not be automatically admitting guilt as they do by choosing informal hearings by the Board; and that special magistrate cases would be prosecuted by Attorney Haston. Mr. Kelly moved, seconded by Mr. Rodde, that Attorney Brody proceed to draft a rule change offering the option for a special magistrate hearing in lieu of the DOAH hearing, pending approval by the Board. Upon call for the vote, the motion carried unanimously. PCCLB Position on addressing expired building permits I House Bill 1077 Ms. Kron referred to correspondence she received from the Refrigeration and Air Conditioning Contractors Association, Inc. (RACCA) inquiring as to the Board's position on addressing permits which expire due to contractors' inability to obtain final inspections. During discussion, Messrs. Garriott and Kelly and Vice-Chair Wardell indicated that there is a process in Pinellas County and the cities of Clearwater and St. Petersburg whereby a permit may be closed prior to its expiration if a contractor is unable to obtain a final inspection; that a notice is sent out a month in advance of the potential expiration, allowing time to resolve the matter; and that if a permit expires, a $168 fee must paid to renew it before it can be closed. In response to a comment by Ms. Lancaster, Vice-Chair Wardell stated that the PCCLB deals with technical adjustments to the Florida Building Code, whereas the opinion that is being sought pertains to a local administrative matter, and discussion regarding House Bill 1077, which creates a process for property owners to close open or expired pennits, ensued. Noting that he is speaking on behalf of the County Building Department, Vice Chair Wardell indicated that a permit is used to ensure compliance with the code and not as a leverage for payment by any party; and that his opinion as to the legislation is neutral; whereupon, there appeared to be a consensus by the members to not opine on the matter. 7

8 Ron Morgan (Case No. Al ) Mr. Morgan entered the meeting, indicating that his case was scheduled for a hearing at 1 :30. Following a review of the records by Ms. Maddox, Ms. Lancaster indicated that Mr. Morgan's matter would be handled by DOAH. PCCLB Membership In response to queries and comments by Mr. Kelly, Ms. Lancaster indicated that there is a need for a Barrier Islands Governmental Council (Big C) building official on the Board; that a request for a nominee was tabled by the Council; and that while it would be helpful to advocate for the Board and get a nominee, she cautioned against officializing the appointment in light of the aforementioned pending legislation associated with reorganization of the PCCLB. Ms. Lancaster discussed County Commission Chairman Ken Welch's recent visit to the PCCLB office, indicating that he requested that the Board not appoint new members at this time, given potential changes resulting from the legislation; that she will contact the current members regarding their desire to continue serving; and that infonnation about their personal background would be forwarded to Chairman Welch along with a list of pertinent qualifications. Responding to query by Ms. Kron, Ms. Lancaster confirmed that the Architect Board member position is currently vacant. VI. ADJOURNMENT Upon motion by Mr. Kelly, seconded by Mr. Rosenbluth, the meeting was adjourned at 1 :42 P.M. 8