Largo, Florida, July 12, 2016

Transcription

1 Largo, Florida, 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 I :33 P.M. on this date. Members Present: MEMBERS Thomas Tafelski, Vice-Chair Thomas Burket Bruce Cooper Rick Dunn Kevin Garriott Larry Goldman Alan Holderith Steve Gleaton Stephen Lee Rob Maslo Mike Rodde CLASSIFICATION Building General Contractor Building Official Building Official Building Official Building Official General Contractor Specialty Structure Building Official Plumbing Fire Marshal Not Present: Paul J. Skipper, Chair James "Arry" Housh Jack Joyner James Rosenbluth Danny Sandlin Steve Strong Peter Vasti Gerald H. White Fritz Wolf Building Roofing Contractor Mechanical Building Building Official Fire Marshal Consumer Electrical Residential Also Present: Rodney S. Fischer, Executive Director Brendan Mackesey, Assistant County Attorney Anne L. Maddox, Department Administrative Manager Other interested individuals Jenny Masinovsky, Board Reporter, Deputy Clerk 1

2 Pledge of Allegiance/Roll Call/Swearing In The meeting was called to order at 1 :33 P.M. by Vice-Chair Tafelski; whereupon, he led the Pledge of Allegiance and administered the Oath to persons planning to give testimony. Mr. Fischer conducted the roll call of the members and confirmed the presence of a quorum. I. PUBLIC HEARINGS - None. II. CONSENT AGENDA - APPROVED Mr. Fischer presented the Consent Agenda items as follows: A. Minutes for PCCLB meeting of May 17, Deferred. B. Examining Committee Reports - June C. Special Magistrate Minutes - None. D. Stipulations (Section (3), Florida Statutes): Stipulations were reached regarding the following cases and recommendation by the Executive Director would be to enter a Final Order as follows: Approve and adopt the te1ms and conditions of the Stipulation. If the terms and conditions of the Stipulation have not been complied with or satisfied within 30 days of a final order, a fine may be assessed up to $1,000 for each case and license/registration will be suspended. I. Howard Cordner/Kenco Electric Services/AlS-1799 E. The following cases were forwarded to the PCCLB from vanous building departments for disciplinary action by the Board. due to expired permits and were not resolved within the requested 30 days after nqt~fi?f1.t;i.a!1, ~y the Board. : :. :... :.. :. : The cases were then presented to the Probable: ' e'm~i~e ~,y probable cause was found and an Administrative Co:rJl.p.i.ajt:i:,',V(a, (,.,,,~ each of the 0 following cases, and violations remain. The c'olitr~~0:r~)i~~. ~() Jtified of the hearing, and the recommendation by the Executiv~' I>i0fe ""~.o accept the allegations as filed in the Administrative Complaint as findings 01 h,ct and to enter a Final Order as follows: 2..

3 Reprimand for permit violation; Fine of $500; Administrative fees and costs; and Immediate suspension of license/registration of all respondents not appearing for today's hearing under Agenda Item El, Expired Permit Violations Spreadsheet. EXPIRED PERMIT VIOLATIONS JULY 12, 2016 BOARD MEETING 1. Christopher Hanmer A David Reed A Kevin Sherrod Wells A Vernon Wunsch A Andrew Donaldson A Gregory Allen Leffert A Al J. Schmoyer A Al J. Schmoyer A John F. Kursch A Frankie Roman A Thomas Arthur Smith A Richard C. Barmes A Stephen D. Mahoney A Robert Thomas Miano A Noel J. Tobias A Blake Allen Burnside A Blake Allen Burnside A Frederick Eugene Sutton A Patrick James Hloska A Patrick James Hloska A William B. Bennett A Craig E. Isabella A David A. Reed A Jack Arthur Paris Al Jack Arthur Paris A Jack Arthur Paris A Jack Arthur Paris A Jack Arthur Paris A

4 F. Financial Reports: BCC Balance Sheet, BCC Revenue and Fund Balance Report, and Budget Expenditure and Encumbrance Reports for May and June After consideration and upon motion by Mr. Cooper, seconded by Mr. Dunn, the Board unanimously accepted/approved the Consent Agenda. All stipulations are Final Orders of the Board in accordance with Section (3), Florida Statutes. III. REGULAR AGENDA A. The Board conducted informal administrative hearings in accordance with Section (2), Florida Statutes. The respondents elected informal hearings, defaulted by not executing an Election of Rights, or failed to respond and were therefore scheduled for informal hearings by the Board to resolve the complaints. The actions taken are Final Orders of the Pinellas County Construction Licensing Board. Rodney S. Fischer appeared in the cases for the petitioners. 1. Stavros Savopoulos, a General Contractor, did appear m the case of Administrative Complaint A Mr. Fischer provided background information, indicating that a licensed investigator hired by the homeowner found deficiency in flooring installation by the respondent's subcontractor; and that the respondent has failed to resolve the complaint despite numerous attempts to gain resolution by the homeowner; whereupon, he read the staff recommendation into the record. In response to a comment by Vice-Chair Tafelski, Mr. Savopoulos confirmed admitting to the allegations on Counts One and Two; whereupon, referring to photographs of the floor, he discussed the occurrence of a large amount of moisture underneath it four months after the installation, noting that none was present during the installation, and responded to queries by the members. He indicated that materials were provided by the owner; that he approved the adhesive; that no deep testing was conducted; that the Frontier Flooring Company representative, who he invited to evaluate the flooring, noted deficiency with the flooring product but found no issues with the installation; and that he has offered to replace the flooring. In response to the Vice-Chair's call for the complainant, John Generalli, Dunedin, provided background information and responded to queries by the members, noting that there is no plumbing located beneath the flooring; that 4

5 The Flooring Guru, a professional inspector, concluded that the moisture problem was caused by improper removal of the prior adhesive and insufficient application of the new adhesive across the backs of the boards; and that replacing the flooring, including purchasing new materials, would be an acceptable resolution. Following discussion pertaining to the cause of moisture and the responsible party, Mr. Goldman, seconded by Mr. Cooper, moved that the staff recommendation to accept the allegations of Administrative Complaint A as Findings of Fact be approved. Following further discussion, the motion failed by a vote of 4 to 7. Mr. Holderith indicated that it is a civil matter between the homeowner and either his or the sub-contractor's insurance company, and following discussion and upon motion by Mr. Gleaton, seconded by Mr. Maslo, the Board voted unanimously to table the case for 90 days, during which the matter would either be resolved civilly or more information would be obtained; whereupon, Attorney Mackesey pointed out that the respondent's stipulation to the facts and allegations of the complaint is not waived by tabling of the case. 2. Alan Beasley, a Mechanical Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint Al Mr. Fischer provided background information, indicating that the respondent refused to resolve issues found subsequent to his installation of an airconditioning unit; and that he did not honor the warranty, thereby admitting misconduct; whereupon, Mr. Fischer read the staff recommendation into the record. Responding to query by Mr. Cooper, Mr. Fischer clarified that resolution of a complaint generally involves reimbursing the complainant, and upon motion by Mr. Goldman, seconded by Mr. Holderith, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections (2) and (4), (1)(g)(m), Florida Statutes; and Section 24(2)(d)(h)(j)(m), Chapter , Laws of Florida, as amended, and imposed the following penalty: 5

6 (a) Settlement in the amount of $1,000 plus Administrative and Investigative costs is assessed for Administrative Complaint AlS-1387; (b) Notification to Justice and Consumer Services, Construction Industry Licensing Board; and the Division of Workers' Compensation for further investigation; and (c) Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent resolves the complaint and pays the settlement and costs within 30 days of the Final Order. 3. Andrew L. Zavodney, Jr., a General Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background information and noted that the case relates to an expired permit, failed inspections, abandonment, and misconduct in the practice of contracting by not completing a job as provided in a written contract; whereupon, he read the staff recommendation into the record. In response to queries by Mr. Gleaton, Mr. Fischer indicated that the respondent' s license is still active; and that the complaint consists of two counts, with a possible maximum monetary penalty of $1,000 per count. Mr. Gleaton opined that the staff recommended settlement in the total amount of $500 appears to be low, considering the respondent' s misconduct; whereupon, Mr. Cooper proposed increasing it to $1,000 per count. Upon motion by Mr. Cooper, seconded by Mr. Rodde, the Board voted to accept the allegations of Administrative Complaint Al as Findings of Fact and concluded that the respondent violated Section 105, Florida Building Code Building; Section (1)(1)(0), Florida Statutes; and Section 24(2)(d)U)(m)(n), Chapter , Laws of Florida, as amended, and imposed the following penalty: (a) Settlement in the amount of $2,000 plus Administrative and Investigative costs is assessed for Administrative Complaint A15-766; (b) Notification to Justice and Consumer Services, Construction Industry Licensing Board; and the Division of Workers' Compensation for further investigation; and 6

7 (c) Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent resolves the complaint and pays the settlement and costs within 30 days of the Final Order. 4. Michael Ramirez, a Roofing Contractor, did appear in the case of Administrative Complaint A Mr. Fischer provided background information, indicating that after months of no return contact, the respondent provided the complainant with a high quote to fix leaks in the roof that the respondent installed; that the respondent committed misconduct and failed to honor the warranty; and that the complainant hired another roofing company to fix the leaks; whereupon, he read the staff recommendation into the record. Mr. Ramirez indicated that the complainant did not follow the company's recommendation regarding certain roof materials; and that while the leaks were coming from the windows or parapet walls and were unrelated to the roofing system, it went above and beyond the contract by sealing around them. Ken Wiley, Metro Roofing, LLC, provided additional information regarding the leaks and responded to queries by the members, clarifying that the respondent contracted with the complainant who was the original homeowner; that the house has since been sold; and that there currently are no leaks. Following discussion, Mr. Goldman noted that hearing from the complainant and possibly obtaining statements from the relevant parties would be helpful in reaching a decision regarding the case; whereupon, he moved, seconded by Mr. Cooper, that the case is tabled until the next meeting, and upon the vote, the motion carried unanimously. 5. Denis Trakilovic, a Residential Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background information, relating that the respondent failed to obtain a permit for electrical work performed during a remodeling project. He indicated that the respondent answered the complaint by apologizing for his wrongdoing and indicating that while minor electrical work was performed without a permit, an electrician was later added to the permit and inspection was passed; and that the complainant owes him $1,200 7

8 and refuses to pay; whereupon, Mr. Fischer read the staff recommendation into the record. Following discussion and upon motion by Mr. Holderith, seconded by Mr. Gleaton, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Section 104, Florida Building Code Building; Section (1 )(h), (1 )(m)( o ), Florida Statutes; Section 24(2)( d)u)(m)(n), Chapter , Laws of Florida, as amended; and Pinellas County Code, Section 22-14, and imposed the following penalty: (a) Settlement in the amount of $500 plus Administrative and Investigative costs 1s assessed for Administrative Complaint A Robert A. Riccardo, a Building Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background information, indicating that the case relates to failure to obtain a permit, code violation, fraud, deceit, gross negligence, incompetence, or misconduct in the practice of contracting, abandonment, financial misconduct, and poor workmanship; and that a lengthy case summary provided in the agenda packet includes an investigative report and statements from the contractor and the homeowner's attorney; whereupon, he read the staff recommendation into the record. Mr. Goldman pointed out that there are numerous previous complaints filed against Mr. Riccardo, and upon motion by Mr. Burket, seconded by Mr. Maslo, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Section 104, Florida Building Code Building; Sections (1 )(h), (1 )(i)(j)( o )(m), Florida Statutes; Section 24(2)( d)(h)(k)(j)(m)(n), Chapter , Laws of Florida, as amended, and Pinellas County Code, Section 22-14, and imposed the following penalty: (a) Settlement in the amount of $4,000 plus Administrative and Investigative costs is assessed for Administrative Complaint Al5-475; 8

9 (b) Notification to Justice and Consumer Services, Construction Industry Licensing Board; and the Division of Workers' Compensation for further investigation; and (c) Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent resolves the complaint and pays the settlement and costs within 30 days of the Final Order. 7. Robert A. Riccardo, a Building Contractor, did not appear and was not represented by counsel with regard to Administrative Complaint A Mr. Fischer provided background infom1ation, indicating that the case relates to abandonment, financial misconduct, and fraud, deceit, gross negligence, incompetence, or misconduct in the practice of contracting; whereupon, he read the staff recommendation into the record. Responding to queries by Messrs. Goldman and Cooper, Mr. Fischer clarified that Aaron Shoham, who contracted with the complainant, appears to be employed by the respondent company, Bayview Windows, Doors, & More, Inc.; and that staff recommendation is to assess a settlement in the amount of $1,000. Upon motion by Mr. Cooper, seconded by Mr. Goldman, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections (2) and (l)(j)(m), Florida Statutes; and Section 24(2)(d)G)(h)(k)(m), Chapter , Laws of Florida, as amended, and imposed the following penalty: (a) Settlement in the amount of $3,000 plus Administrative and Investigative costs is assessed for Administrative Complaint A ; (b) Notification to Justice and Consumer Services, Construction Industry Licensing Board; and the Division of Workers' Compensation for further investigation; and (c) Suspension of the respondent's license; however, the suspension is stayed and will be a one-year probation if the respondent resolves the complaint and pays the settlement and costs within 30 days of the Final Order. 9

10 IV. MISCELLANEOUS CORRESPONDENCE AND REQUESTS A. Old Business: CliftonLarsonAllen Audit for Fiscal Year ended September 30, 2015 CliftonLarsonAllen Principal Andrew Laflin presented financial statements for the year ended September 30, 2015, the Independent Auditors' Report, and various related reports and documents, copies of which have been filed and made a part of the record, and provided highlights of the audit for the PCCLB operation as compared to the previous year, noting that new items relate to a pension liability balance and pension-related deferred inflows and outflows. Later in the meeting, he discussed the pension liability, explaining the changes in reporting of local governments' proportionate share and indicating that it is related to a long-term obligation and has no immediate cash flow impact. Mr. Fischer provided input, indicating that the delay in completing the audit report was attributed to waiting for the State to provide information for the aforementioned items. Responding to query by Mr. Goldman, Mr. Laflin addressed the net loss, indicating that it is not a concern, as there is a sufficient Governmental Fund (General Fund) balance; whereupon, he noted that, by statute, the fund is restricted to the organization's mission. Mr. Laflin provided an overview of internal controls, reporting that they were properly designed and implemented, and included checks and balances; and that no deficiencies were found; whereupon, Mr. Gleaton moved, seconded by Mr. Cooper, that the Board accept the audit performed by CliftonLarsonAllen for the year ended September 30, 2015, and upon the vote, the motion carried unanimously. B. New Business: 1. Collection Agencies Mr. Fischer discussed the current process of collecting funds for citations issued to unlicensed contractors, indicating that it has not been cost-effective; and that the amount of unpaid citations is approximately $1,300,000; whereupon, he requested that the Board authorize him to engage a Stateutilized agency to collect on liens placed on the unlicensed contractors' properties. Following brief discussion and upon motion by Mr. Cooper, 10

11 seconded by Mr. Holderith, the Board voted to authorize Mr. Fischer as requested. 2. PCCLB Ordinance Revision Update by Attorney Brendan Mackesey Attorney Mackesey referred to a handout regarding a proposed ordinance authorizing PCCLB to impose civil penalties between $500 and $2,000 for violations related to unlicensed contracting, consistent with general law, and indicated that currently Pinellas County Building Code allows an inflexible penalty of $500; that Magistrates do not generally exercise their authority to impose a maximum penalty of $2,500; and that other counties and cities have adopted similar ordinances. He discussed the public hearing process, indicating that the proposed ordinance will likely go before the County Commission on August 9, suggested that a fee schedule be established for various violations, and responded to queries and comments by Mr. Goldman. C. Miscellaneous Correspondence: Mr. Fischer indicated that the agenda packet includes the 2016 Supplement (Code Fixes) to the 5th addition (2014) Florida Building Code which was issued approximately a week ago, as well as a copy of the letter to a contractor, Darren Clark, addressing his verbal abuse of PCCLB staff and a requirement to provide proof of insurance coverage. D. Citizens to be Heard: Charlie Bean for Jack A. Paris, Case Nos. A A16-119, A A (Consent Agenda) Charlie Bean appeared on behalf of Jack A. Paris, provided background information regarding his company and its business relationship with a contractor, Jeffrey Rayl, indicating that it was terminated; and that there are outstanding final inspections for Mr. Rayl's roofing jobs; whereupon, he requested 30 days to get the inspections completed in the above-referenced cases. Following brief discussion and upon motion by Mr. Goldman, seconded by Mr. Cooper, the Board voted to allow 30 days, as requested, after which Mr. Bean is to report to the Board. 11

12 Richard Barmes, Case No. A (Consent Agenda) Mr. Barmes provided information regarding the above-referenced case, requesting clarification and assistance in closing a permit that was opened under his name in error, and discussion ensued. Mr. Goldman recommended that Mr. Barmes request assistance from Chief Mechanical Inspector David Howdeshell; whereupon, he moved, seconded by Mr. Gleaton, that the Board table the case until the next meeting, providing Mr. Barmes time to resolve the issue, and upon the vote, the motion carried unanimously. V. OTHER ITEMS FOR DISCUSSION Mr. Gleaton inquired whether there is a requirement for a homeowner, as well as a contractor, to sign an application before a permit can be issued. During discussion and responding to query by Mr. Gleaton, Mr. Goldman indicated that while the topic was discussed at his office, the policy has not changed; and that a homeowner does not have to sign a permit application. VI. ADJOURNMENT The meeting was adjourned at 3 :28 P.M. 12