Largo, Florida, May 17, 2016

Transcription

1 Largo, Florida, May 17, 2016 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 1:33 P.M. on this date. Members Present: MEMBERS Paul J. Skipper, Chair Thomas Tafelski, Vice-Chair Thomas Burket Rick Dunn Kevin Garriott Larry Goldman Alan Holderith James "Arry" Housh Jack Joyner Steve Gleaton Stephen Lee Rob Maslo MikeRodde James Rosenbluth Peter Vasti Gerald H. White Fritz Wolf CLASSIFICATION Building Building General Contractor General Contractor Roofing Mechanical Specialty Structure Plumbing Fire Marshal Building Consumer Electrical Residential Not Present: Bruce Cooper Danny Sandlin Steve Strong Fire Marshal Also Present: Rodney S. Fischer, Executive Director Brendan Mackesey, Assistant County Attorney Anne L. Maddox, Department Administrative Manager, PCCLB Other interested individuals Michael P. Schmidt, 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 Chair Skipper; whereupon, he led the Pledge of Allegiance and administered the Oath to persons planning to give testimony, and Mr. Fischer conducted a 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 March 15,2016. B. Examining Committee Reports for March and April C. Minutes for Special Magistrate Hearing for March 3 and April 14, 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 terms 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. 1. Patrick Hloska A 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 notification by the Board. The cases were then presented to the Probable Cause Committee whereby probable cause was found and an Administrative Complaint was served upon each of the cases, and the violations remain. The contractors have been notified ofthe hearing, and the recommendation by the Executive Director is to accept the allegations as filed in the Administrative Complaint as findings of fact and to enter a Final Order as follows: 2

3 May 17, 2016 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 MAY 17, 2016 BOARD MEETING 1. Ramiro Rubio A Nat Glover Al David Traynham Al John Patrick Buczynski A Blake Allen Burnside A Joseph Edward Pugh, Jr. A Robert Lewis Wilson A F. Financial Reports: Balance Sheet, BCC Revenue and Fund Balance Report, and Budget Expenditure and Encumbrance Reports for March and April2016. After consideration and upon motion by Mr. Joyner, seconded by Mr. Rosenbluth, the Board unanimously accepted/approved the Consent Agenda. All stipulations are Final Orders ofthe 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. Richard E. Metz, a Building Contractor, did not appear regarding Administrative Complaints A , A , A , A16-012, A16-018, and A

4 Administrative Complaint A Mr. Fischer provided background information, and noted that the case relates to aiding and abetting, failure to obtain workers' compensation insurance, and misconduct; whereupon, he read the staff recommendation into the record. In response to the Chairman's call for persons wishing to be heard, Sharon Tucker, Palm Harbor, appeared and indicated that she is one of 19 victims of Mr. Metz. Responding to her queries and concerns, Chair Skipper indicated that the PCCLB licenses and disciplines contractors and can issue fines and suspend licenses if appropriate; and that further remedies would need to be sought through civil court; whereupon, Mr. Fischer related that he can provide further information to Ms. Tucker following the meeting. Chair Skipper confirmed the neither Mr. Metz nor his representative are in attendance; and that each of the cases will be heard separately. Following discussion and upon motion by Mr. Tafelski, seconded by Mr. Joyner, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections and , Florida Statutes; Section , Florida Statutes; Section (1)(d)(k)(m), Florida Statutes; Section 24(2)(d)(e)U)(l)(m), Chapter , Laws of Florida, as amended; and Section (5), Pinellas County Code, and imposed the following penalty: Settlement in the amount of $1,000 plus costs is assessed for Administrative Complaint A ; Notification to Division ofworkers' Compensation and the Suspension of the respondent's registration; however, the suspension is stayed and will be a one-year probation if the respondent resolves the complaint and pays the settlement of $1,000 plus costs within 30 days of the Final Order. Administrative Complaint A Mr. Fischer provided background information, and noted that the case relates to an expired permit, unnecessary delays, an undervalued permit, poor and defective workmanship, forgery, financial misconduct, and no license number 4

5 on business documents; whereupon, he read the staff recommendation into the record, and suggested that it be amended to read "... revocation of the respondent's registration and all licenses... " for the remaining five cases. Following discussion and upon motion by Mr. Goldman, seconded by Mr. Joyner, to include the revised language, 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 Fifth Edition - Building; Section (6), Florida Statutes; Section (1)(h), Florida Statutes; Section (1)(g)(o)(m), Florida Statutes; Section 24(2)(d)(h)(j)(m)(n), Chapter , Laws of Florida, as amended; and Section 22-14, Pinellas County Code, and imposed the following penalty: Settlement in the amount of $5,000 plus costs is assessed for Administrative Complaint A ; Notification to Division ofworkers' Compensation and the Revocation ofthe respondent's registration and all licenses; respondent is prohibited from applying for a new registration without proof that all outstanding complaints have been resolved and all fines and/or settlements have been paid. Administrative Complaint A Mr. Fischer provided background information, and noted that the case relates to the respondent contracting in a name and with a license which is not registered, failure to obtain workers' compensation insurance, and unfinished work; whereupon, he read the staff recommendation into the record. Following discussion and upon motion by Mr. Gleaton, seconded by Mr. Rosenbluth, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections , , , (6), (1) (e)(f)(i), (1)(g)(k)(m), Florida Statutes; Section 20(3), Chapter , Laws of Florida, as amended; Section 24(2)(d)(h)(j)(l)(m), Chapter , Laws of Florida, as amended; and Section 22-14, Pinellas County Code, and imposed the following penalty: 5

6 Settlement in the amount of $4,000 plus costs is assessed for Administrative Complaint A ; Notification to Division of Workers' Compensation and the Revocation of the respondent's registration and all licenses; respondent is prohibited from applying for a new registration without proof that all outstanding complaints have been resolved and all fines and/or settlements have been paid. Administrative Complaint Al6-012 Mr. Fischer provided background information, and indicated that the case relates to the respondent using a wrong name on and having no license for the contract, poor workmanship, failure to follow contract or blueprints, expired permit, falsified permit, and abandonment of the job; whereupon, he read the staff recommendation into the record, and Mr. Joyner provided input. During discussion and in response to queries and comments by the members, Mr. Fischer related that he has spoken with Mr. Metz regarding the cases; that there are currently 35 complaints against him; that some cases are proceeding through the courts; and that there is no reasonable explanation for what is taking place; whereupon, Chair Skipper related that the PCCLB will contact the municipalities, building departments, and other groups that legally can be notified regarding the Board's decision. Upon motion by Mr. Tafelski, seconded by Mr. Joyner, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Section 105, Florida Building Code Building; Sections , (2)(4), (1)(f)(g) (j)(m)(o); and Section 24(2)(d)U)(g)(h)(k)(m)(n), Chapter , Laws of Florida, as amended, and imposed the following penalty: Settlement in the amount of $5,000 plus costs is assessed for Administrative Complaint A ; Notification to Division ofworkers' Compensation and the 6

7 Revocation of the respondent's registration and all licenses; respondent is prohibited from applying for a new registration without proof that all outstanding complaints have been resolved and all fines and/or settlements have been paid. Administrative Complaint A Mr. Fischer provided background information, and indicated that the case relates to unnecessary delays, damage/poor workmanship, and failure to obtain a permit; whereupon, he read the staff recommendation into the record. Upon motion by Mr. Tafelski, seconded by Mr. Rosenbluth, the Board voted to accept the allegations of Administrative Complaint A as Findings of Fact and concluded that the respondent violated Sections 104 and I 05, Florida Building Code Fifth Edition - Building; Section (6), Florida Statutes; Section (2)(4), Florida Statutes; Section (1)(h), Florida Statutes; Section (1)(g)(o), Florida Statutes; Section 24(2)(d)U)(m)(n), Chapter , Laws of Florida, as amended; and Section 22-14, Pinellas County Code, and imposed the following penalty: Settlement in the amount of $4,000 plus costs is assessed for Administrative Complaint A16-018; Notification to Division ofworkers' Compensation and the Revocation of the respondent's registration and all licenses; respondent is prohibited from applying for a new registration without proof that all outstanding complaints have been resolved and all fines and/or settlements have been paid. Administrative Complaint A Mr. Fischer provided background information, and noted that the case relates to the respondent advertising without being registered and outside the scope of his license; whereupon, he read the staff recommendation into the record. 7

8 Following discussion and upon motion by Mr. Tafelski, 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 (1), Florida Statutes; Section (1), Florida Statutes; Section 23(1 ), Chapter , Laws of Florida, as amended; and Section 24(2)(g), Chapter , Laws of Florida, as amended, and imposed the following penalty: Settlement in the amount of $2,000 plus costs is assessed for Administrative Complaint Al6-043; Notification to Division ofworkers' Compensation and the Revocation ofthe respondent's registration and all licenses; respondent is prohibited from applying for a new registration without proof that all outstanding complaints have been resolved and all fines and/or settlements have been paid. Mr. Fischer reported that his office has not verified whether the following three respondents have been properly served. Attorney Mackesey advised that staff must determine whether proper notice has been delivered prior to taking any action; whereupon, Chairman Skipper indicated that the following cases will be tabled. 2. Stephen David Dukes- Administrative Complaint A tabled. 3. Bryan McHugh - Administrative Complaint A tabled. 4. Bradford William Bartlett - Administrative Complaint A tabled. Thereupon, in response to comments and queries by Messrs. Joyner and Wolf, Mr. Fischer discussed how the State Attorney's Office has been prosecuting unlicensed contractors and those who have violated Workers' Compensation laws, and indicated that the Department of Business and Professional Regulation has active investigations taking place regarding Mr. Metz, and Mr. Tafelski discussed the magnitude of the situation. 8

9 IV. MISCELLANEOUS CORRESPONDENCE AND REQUESTS A. Old Business - None. B. New Business: 1. Senate Bill 535 Mr. Fischer provided information regarding Senate Bill 535, relating that his office is reviewing the portion of the bill pertaining to apartment maintenance personnel being exempted from licensure; and that the bill includes verbiage allowing local licensing boards to create their own classification for those employees; whereupon, he suggested that the members create a classification similar to the one used in Duval County, which has withstood numerous challenges from various trade associations. In response to comments and queries by the members, Mr. Fischer indicated that he is bringing forward the item as information only at this point in time; that the bill refers to apartment complexes comprised of more than 100 units; that that statute will likely become effective July 1; that local licensing board participation is optional; and that he will provide the members with a copy of the Duval County ordinance, and discussion ensued; whereupon, he related that he will return with more information at a future meeting prior to any member action on the item. 2. Ordinance for Increased Fines Attorney Mackesey indicated that because state statute permits the assessment of a $2,000 fine for a citation for unlicensed contracting, he has revised the local ordinance to reflect the increased dollar amount; and that he will appear before the Board of County Commissioners and seek authority to advertise a public hearing regarding the ordinance change. In response to queries by the members, Mr. Fischer reported that his office is holding approximately $1.3 million of uncollectable liens, and discussed the challenges associated with collecting fines and forfeitures; whereupon, he related that he recently contacted a state government organization regarding its collection process; that it could be useful to the Licensing Board; and that he will obtain further information, and Attorney Mackesey discussed why 9

10 filing liens against contractors with unpaid fines is not worth the effort in many cases. 3. Rodney S. Fischer's Employment Contract Chair Skipper presented Mr. Fischer's annual employment contract, noting that there are no changes in the terms or compensation from the previous agreement; whereupon, Mr. Tafelski moved, seconded by Mr. Joyner, that the contract be renewed. In response to query by Mr. Goldman, Chair Skipper indicated that the contract would include the same raise other County employees receive in October. Upon call for the vote, the motion carried unanimously. C. Miscellaneous Correspondence: Galvanized Roofing Nails: How Durable? List of Building Departments - Pinellas County D. Citizens to be Heard - None. VI. ADJOURNMENT The meeting was adjourned at 2:26 P.M. 10