PINELLAS COUNTY CONSTRUCTION LICENSING BOARD

Transcription

1 PINELLAS COUNTY CONSTRUCTION LICENSING BOARD MINUTES The regular bimonthly meeting of the Pinellas County Construction Licensing Board was held at the City of Largo Commission Chambers, 201 Highland Avenue, Florida on September 17, 2012 at 1:30 PM. This meeting was publicly advertised and a quorum was present. Members in attendance were: MEMBERS Paul Skipper, Chair Thomas Tafelski, Vice Chair Vacancy Mike Besel Bruce Cooper Rick Dunn Gareth Eich Kevin Garriott Steve Gleaton Ernie Hand Bill Heaberlein Alan Holderith Stephen Lee Steve Strong Gerald White Fritz Wolf CLASSIFICATION Building Building General Contractor Plumbing Contractor Building Official Building Official Architect Building Official Aluminum Contractor Fire Marshal Roofing Contractor General Contractor Building Official Fire Marshal Electrical Contractor Residential Contractor Also attending: Rodney Fischer, Executive Director Jason Ester, Sr. Assistant County Attorney Miles Belknap, Assistant County Attorney Anne Maddox, PCCLB Investigator Caroline Jones, Executive Administrative Secretary The meeting was called to order at 1:30 PM by Chairman Skipper Pledge of Allegiance/Roll Call/Swearing In I. PUBLIC HEARING - None SPECIAL AUDIT REPORT PRESENTATION VIEW AUDIT REPORT Following introduction by Executive Director Rodney S. Fischer, CliftonLarsonAllen LLP Auditor Norma Berrios presented the findings of the independent audit Belcher Road, Suite 102 Largo, Florida Phone Fax Web Site:

2 September 17, 2013 conducted by the firm for the fiscal year ending 2012 and stated that she had worked closely with Mr. Fischer and the Clerk of the Circuit Court s Chief Deputy Financial Director Claretha Harris during the compilation of the audit. Ms. Berrios reported on the outcome of the audit which included internal controls on financial reporting, and recommendations made to the Board, a copy of which has been filed and made a part of the record. VIEW AUDIT REPORT II. CONSENT AGENDA After consideration and on a motion by Member Hand, seconded by Member Besel, the Board unanimously accepted/approved the consent agenda with the exception of Case D. 7 Mark S. Cain, an expired permit which will be heard with the Regular Agenda. All stipulations are Final Orders of the Board in accordance with Section (3), Florida Statutes. A. Minutes for PCCLB Regular PCCLB meeting of July 16, 2013 and Special Magistrate Minutes of August 6, B. Examining Committees Reports June and July 2013 C. Stipulations (Section (3), Florida Statutes) 1. Richard P. Houghton A , , Sean Demetrius Carter A D. The following cases were forwarded to the PCCLB from various building departments for disciplinary action by the board due to expired permits and were not resolved within the requested 30 days after notification by this board. These cases were then presented to the Probable Cause Committee whereby probable cause was found and an administrative complaint was served upon each of the following and violations remain. The contractors have been notified of this hearing and recommendation by the Executive Director would be to accept the allegations as filed in the Administrative Complaint as findings of fact and to enter a Final Order as follows: 1. Reprimand for permit violation; and 2. An increase in the fine from $300 to $500; and 3. If not completely resolved within 30 days of a final order, license/registration to be suspended. FINE PAID PERMIT ISSUE NOT RESOLVED 1. Brian Paul Aderhold - A (Resolved) 2. Thomas Leroy Robinson - A FINE NOT PAID PERMIT ISSUE RESOLVED 3. Carmen Walker Jordan - A Kevin A. Ford - A Thomas Arthur Smith - A and A Clinton Dale Phelps - A (Withdrawn) FINE NOT PAID PERMIT ISSUE NOT RESOLVED 7. Mark S. Cain - A moved to regular agenda 8. William F. Cournoyer - A Belcher Road, Suite 102 Largo, Florida Phone Fax Web Site: 2

3 September 17, 2013 III. REGULAR AGENDA A. The Board conducted informal administrative hearings in accordance with section (2), Florida Statutes. The Respondent elected an informal hearing, defaulted by not executing an Election of Rights or failed to respond and was 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. ***Deviating from the agenda, the Board heard, Case A13-861, Mark S. Cain*** 7. Mr. Fischer indicated that the Respondent, Mark S. Cain, is before the Board to be heard with regard to an expired permit that has not be resolved or fine paid. Mark Cain, A-Able Air Conditioning Inc, appeared and presented mitigating testimony wherein he advised that due to an uncooperative homeowner, the red tag issue has not been resolved. Following discussion by the members, Member Tafelski moved that Mr. Cain be afforded 60 days to meet with the County building officials to resolve the permit issue; and that the $300 fine stand; whereupon, on a second by Member Cooper, the motion carried. 1. Kyle Hunt, a state-certified Air Conditioning Contractor (I-CAC ), did not appear and was not represented by counsel in the case of Administrative Complaints A13-539; 899; and Mr. Fischer read staff recommendation into the record and indicated that the Respondent had advertised for a regulated trade and had failed to register his license with the PCCLB. On a motion by Member Gleaton, seconded by Member Cooper, the Board voted to accept the allegations of Administrative Complaints A13-539; ; and as Findings of Fact and concluded that the Respondent violated Section 24(2)(d)(h)(j)(k)(m)(n), Chapter , Laws of Florida, as amended, and imposed the following penalty, as amended: (a) Reprimand for failure to register with the PCCLB; advertising for work in Pinellas County, and misconduct; and (b) Administrative fine in the amount of $ is assessed for each Administrative Complaint; and (c) Suspension of Respondent s current registration; however, suspension is stayed and will be one year probation if Respondent resolves this and pays and pays the fines within 30 days of receipt of a final order. ***At this time, 2:10 P.M., Chairman Skipper relinquished the gavel to Vice Chairman Tafelski and leaves the meeting*** Belcher Road, Suite 102 Largo, Florida Phone Fax Web Site: 3

4 September 17, Scott Aubrey Hutchinson, a state-certified General Contractor (I-CGC ), did not appear and was not represented by counsel in the case of Administrative Complaint A Mr. Fischer read staff recommendation into the record and indicated that the Respondent had failed to pull a permit, failed to qualify a firm, exhibited financial mismanagement and abandonment while contracting with homeowner DeAnna Hall. On a motion by Member Besel, seconded by Member Cooper, the Board voted to accept the allegations of Administrative Complaints A as Findings of Fact and concluded that the Respondent violated Section 24(2)(d)(g)(h)(j)(k)(n), Chapter , Laws of Florida, as amended, and imposed the following penalty, as amended: (a) Reprimand for failure to obtain a permit and inspection(s), failure to qualify a firm; financial mismanagement, abandonment, and misconduct. (b) Administrative fine in the amount of $1, is assessed for Administrative Complaint ; and (c) Suspension of Respondent s registration; however, suspension is stayed and will be one year probation if Respondent resolves this complaint and reimburses complainant $2, If Respondent reimburses complainant within 30 days of receipt of this final order, fine is reduced to $ Charlie Brown, a Demolition Contractor (C-10269), did appear and in the case of Administrative Complaints A and 836. Mr. Fischer read staff recommendation into the record and indicated that the Respondent had contracted while his license was expired; and for the record noted a scrivener s error in the Summary of Disciplinary Charges wherein it indicates erroneously that the Respondent s license is suspended and should indicate expired. Mr. Brown presented mitigating testimony with regard to Case A wherein he indicated that due to a glitch with the PCCLB Examining Committee delaying the activation of his license, the Complainant had filed a complaint. Referring to Case A13-836, Mr. Brown reported that the Contemporary Housing Alternatives of Florida, Inc. (CHAF) had fired his firm when he had attempted to finish the project at the time his license was reinstated. During discussion, Member Cooper advised the Respondent that pulling permits under another contractor s license unless you are employed by said contractor. Additional discussion ensued wherein the Respondent alleged that litigation was ongoing with CHAF; and that he had been advised by his attorney to not discuss the case. On a motion by Member Tafelski, seconded by Member Garriott, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the Respondent violated Section 24()(a)(b), Chapter , Laws of Florida, as amended, and imposed the following penalty, as amended: Belcher Road, Suite 102 Largo, Florida Phone Fax Web Site: 4

5 September 17, 2013 (a) Reprimand for contracting while license was expired; (b) Administrative fine in the amount of $ is assessed for Administrative Complaint ; and (c) Suspension of Respondent s license; however, suspension is stayed and will be one year probation if Respondent resolves this complaint and pays all outstanding fines and fees within 30 days of today s date; and will be on probation for one year with quarterly reports of construction activity required. ***At this time, 2:14 P.M., Chairman Skipper returns to the meeting and assumes the gavel*** Referring to Case A13-836, Member Tafelski moves to continue the case until determination of litigation can be confirmed; seconded by Member Hand. Discussion ensues wherein it is established that the case would be continued until the Board s November 19, 2013 meeting and Member Wolf opines he would prefer to see a shorter time period imposed for settlement of the case; whereupon, Chairman Skipper advises that 60 days is necessary to gather additional information. Upon call for the vote, the motion carries to continue Case A to the November 19, 2013 meeting with Member Wolf casting the dissenting vote. IV. Miscellaneous A. Old Business None B. New Business: Mr. Fischer indicated that the Chair of the BCC has confirmed the PCCLB appointments/reappointments for the 2013 through 2015 roster. C. (1) Handout by Mr. Fischer titled Let s Talk Flood, pertaining to the cost of flood insurance. (2) Chairman Skipper presented plaques of appreciation to outgoing members: Steve Gleaton, Mike Besel, and Ernie Hand (3) The PCCLB members acknowledged the retirement of PCCLB Executive Assistant Caroline Jones and presented her with a bouquet of red roses. (4) Members discussed House Bill 269 which revises the amount of civil penalties that may be imposed for unlicensed contracting. D. No one appeared to be heard. ADJOURNMENT The September 17, 2013 meeting of the PCCLB was adjourned at 2:52 PM. Chairman Belcher Road, Suite 102 Largo, Florida Phone Fax Web Site: 5

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