Largo, Florida, May 20, 2014 The Pinellas County Construction Licensing Board (PCCLB) met in regular session in the Board Conference Room, 12600 Belcher Road, Suite 102, Largo, Florida at 1:29 P.M. on this date. Members Present: MEMBERS Paul J. Skipper, Chair Thomas Tafelski, Vice-Chair Bruce Cooper Rick Dunn Gareth Eich David Feddon Larry Goldman Alan Holderith Jack Joyner Mike Kelly Stephen Lee Mike Rodde James Rosenbluth Sharon Spicer Gerald H. White Fritz Wolf CLASSIFICATION Building Building Architect Plumbing General Contractor Mechanical Commercial Pools Fire Marshal Building Roofing Contractor Electrical Residential Not Present: Also Present: John Burket Kevin Garriott Danny Sandlin Steve Strong Peter Vasti Rodney Fischer, Executive Director Miles Belknap, Assistant County Attorney Anne Maddox, Department Manager Trudy Futch, Board Reporter, Deputy Clerk General Contractor Fire Marshal Consumer 1
Pledge of Allegiance/Roll Call/Swearing In The meeting was called to order at 1:29 P.M. by Chair Skipper; whereupon, he led the Pledge of Allegiance, confirmed the presence of a quorum, and administered the Oath to persons planning to give testimony. I. PUBLIC HEARINGS None. II. CONSENT AGENDA - APPROVED Mr. Fischer presented the Consent Agenda items as follows: A. Minutes of PCCLB meeting of March 18, 2014 and Special Magistrate Hearing of April 8, 2014. B. Examining Committee Reports April 2014. C. Stipulations (Section 120.57(3), Florida Statutes) 1. Mark Gelling A13-1661 2. David Eugene Lee A14-135 3. William Ramsey A13-1935 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 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 of the 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: Reprimand for permit violation; and Fine of $500.00; and 2
Administrative fees and costs; If not completely resolved within 30 days of a final order, license/registration to be suspended. FINE NOT PAID PERMIT STATUS: ABANDONED 1. Robert Wilson A13-2203 2. Duane Thompson A14-136 FINE PAID PERMIT STATUS: ABANDONED 1. Mark Galvin A14-188 FINE NOT PAID PERMIT STATUS: REINSTATED *1. Frank Dipple A14-231 2. Walter Hogan A14-234, A14-239 FINE NOT PAID PERMIT STATUS: FINALED *1. Harold Myers A14-241 2. Joao Dossantos A14-244, A14-245 *The cases pertaining to Frank Dipple and Harold Myers were reconsidered under Citizens to Be Heard. E. Financial Reports: Balance Sheets, Revenue and Fund Balance Reports, and Budget Expenditure and Encumbrance Reports for March and April 2014. After consideration and upon motion by Mr. Holderith, seconded by Mr. Feddon, the Board unanimously accepted/approved the Consent Agenda. All stipulations are Final Orders of the Board in accordance with Section 120.57(3), Florida Statutes. III. REGULAR AGENDA A. The Board conducted informal administrative hearings in accordance with Section 120.57(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 for the Petitioners. 3
1. George E. Thompson, Jr., a Swimming Pool/Spa Servicing Contractor (C- 5182), did not appear and was not represented by counsel with regard to Administrative Complaint A13-347 (continued from November 19, 2013, and January 21 and March 28, 2014). Mr. Fischer provided background information, indicating that the Respondent has been before the Board on previous occasions regarding a construction project in Dade City; that a Summary Final Judgment was filed against him; that the parties have reached an agreement to satisfy the judgment; and that the parties attorneys will draft an agreement specifying the payment terms. Mr. Kelly moved, seconded by Mr. Holderith and carried, that the matter be tabled pending Mr. Thompson s compliance with the terms of the agreement. 2. Phillip Oestreich, a Commercial Pool Contractor (CPC1458205), appeared with respect to Administrative Complaints A13-2101 and A13-2044. Mr. Fischer provided an overview of the case, indicating that the Respondent had been advised by the city inspector that a pool he was constructing was in violation of the rear setback; and that he had proceeded to complete a pool and spa, disregarding the inspector s warning; whereupon, Mr. Fischer read the staff recommendation into the record, as follows: (a) (b) (c) Assessment of an administrative fine of $1,000.00 plus costs for each of the Administrative Complaints. Suspension of the Respondent s registration; however, the suspension is stayed and will be a one-year probation if the Respondent resolves the complaints and pays the fines and costs within 30 days of the Final Order. Notification to Justice and Consumer Services. Mr. Oestreich related that the rear setback was approved by Pinellas County during plan review; that his engineer conducted the inspection; that there was a mix-up in the paperwork and the building proceeded; that he was cited with regard to the setback when he attempted to finalize the job; and that he had subsequently corrected all issues. In response to queries by Chair Skipper and Messrs. Tafelski and Fischer, Mr. Oestreich confirmed that there are no outstanding issues, noting that final inspections were received while the permits were still open; that fines were 4
paid to the City of Belleair Beach; and that the permits have been closed; whereupon, responding to query by Chair Skipper as to why the case is before the Board, Mr. Fischer related that the matter was never resolved; that the complaint involves two cases; and that the Respondent has provided no proof of final inspection on either case. Belleair Beach City Attorney Paul J. Marino expressed his concerns regarding the code violations, stating that contractors are required to know the City code; and that the Respondent willfully disregarded City code and a stop-work order on two separate properties. Discussion ensued, and in response to queries by the members, City of Belleair Beach Code Enforcement Officer John Ouimette indicated that the code violations are closed out; that the stop-work order was issued by the County prior to the installation of cement on both properties; and that, as the contractor did not cure the violation in time, one of the property owners paid a substantial fine for the setback violation; whereupon, in response to queries by Mr. Tafelski, Mr. Oestreich related that that he has accepted no payment from the homeowner, and the homeowner has incurred no costs, nor filed any civil actions; and that he has lost approximately $20,000 on the job. In response to query by Mr. Kelly, Mr. Goldman related that the setback violations were brought to the Respondent s attention and stop-work orders sent prior to the Respondent proceeding to complete the pool and spa; whereupon, Mr. Oestreich related that he needed to get the concrete cast due to the rainy season and the high water table; and that the letter must have been mixed up in the paperwork. Following further discussion, Chair Skipper indicated that there appears to be no damage to the home or financial damage to the homeowner, and that the primary issue is the contractor s disregard for the setback and the stop-work order; whereupon, Mr. Tafelski stated that the Respondent erred, but stepped up and incurred the costs to rectify the issue; whereupon, he moved, seconded by Mr. Eich, that Mr. Oestreich be reprimanded and that there be no fine. Attorney Marino reiterated his concerns, stating that reliance on a County clerk s mistakes with regard to plans and permits is not an acceptable defense; whereupon, responding to query by Ms. Spicer, he related that zoning and 5
building permit fees are charged and retained by the County; and discussion ensued. Mr. Kelly stated that staff s recommendation is fair; and that he is in opposition of the motion on the floor; whereupon, Mr. Goldman noted that it would set a bad precedent to allow a contractor to disregard stop-work orders and suffer no consequences from the Board. Mr. Kelly requested a roll-call vote, and Mr. Tafelski moved to amend the motion to include, subject to confirmation that the final inspections were approved, and Mr. Eich seconded. Upon call for the vote, there was a tie; whereupon, Chair Skipper cast the deciding vote, and the motion carried 8 to 7, with Messrs. Dunn, Goldman, Joyner, Kelly, Rodde, and Wolf and Ms. Spicer dissenting. Thereupon, Mr. Goldman offered a new motion to follow the recommendation of staff in both cases, and Mr. Kelly seconded. Discussion ensued regarding the outcome of the first motion, and Mr. Goldman withdrew his motion. Later in the meeting and in response to queries by Mr. Kelly regarding the Board s experience with license suspension as opposed to revocation, the members indicated that County licenses have been revoked in the past; that revoking a license prevents the business from pulling permits and working in the County; and that if no one is financially aggrieved, the business complies with requirements, and final inspections are completed, licenses are usually not revoked. Discussion ensued regarding stop-work orders, and in response to query by Mr. Feddon, Mr. Goldman explained the process of posting the orders at the jobsite. 3. Lyle Schley, an Electrical Contractor (C-3295), appeared in the case of Administrative Complaint A13-1497. Mr. Fischer provided background information, indicating that the Respondent is cited for failure to obtain a building permit, for aiding and abetting an unlicensed individual, and for failure to provide workers compensation coverage; whereupon, he read the staff recommendation into the record. Noting that the employee in question was a temporary 1099 employee while his regular employee was out of town, Mr. Schley stated that he is unsure why 6
the employee acted as a general contractor, since he was only hired to drive a truck; that he has obtained the permit and posted it at the site; and that the work has been completed and inspected; whereupon, Mr. Wolf pointed out that the person in question was an employee, not a contractor, and could not be hired on a 1099 basis. Thereupon, Mr. Dunn moved, seconded by Mr. Tafelski and carried unanimously, that the Board (1) accept the allegations of Administrative Complaint A13-1497 as Findings of Fact; (2) conclude that the Respondent violated Section 104, Florida Building Code 2010 Building; Section 489.127(1)(h), Florida Statutes; Sections 440.10 and 440.38, Florida Statutes; Section 489.114, Florida Statutes; Section 489.129(1)(k)(d)(o), Florida Statutes; Section 24(2)(d)(e)(j)(l)(n), Chapter 75-489, Laws of Florida, as amended; and Pinellas County Code, Section 22-14; and (3) impose the following penalty: (a) (b) (c) Respondent is assessed an Administrative Fine of $500.00 plus costs for Administrative Complaint A13-1497. Suspension of the Respondent s license; however, suspension is stayed and there will be a one-year probation if the Respondent resolves the complaint and pays the fine of $500.00 plus costs within 30 days of the Final Order. Notification to Division of Workers Compensation for further investigation. 4. John Daniels Administrative Complaint A13-1827 Complaint resolved. 5. Katina McClinton Administrative Complaint A14-14 Complaint resolved. 6. Matthew Morgioni, a General Contractor (CGC1505323), did not appear and was not represented by counsel with regard to Administrative Complaint A13-1747. Mr. Fischer noted that the Respondent is cited for aiding and abetting unlicensed individuals, and failure to provide workers compensation coverage; whereupon, he presented a brief overview of the case, indicating that Mr. Larry Williams had provided testimony via telephone and written response stating that a subcontractor must have hired unlicensed workers for the project; that he has informed the company that all workers must be 7
licensed or they cannot enter the job site; and that he will monitor job sites in the future. Mr. Fischer read the staff recommendation into the record; whereupon, Mr. Feddon moved, seconded by Mr. Joyner and carried unanimously, that the Board (1) accept the allegations of Administrative Complaint A13-1747 as Findings of Fact; (2) conclude that the Respondent violated Section 440.10 and 440.38, Florida Statutes; Section 489.114, Florida Statutes; Section 489.129(1)(d)(k), Florida Statutes; Section 24(2)(d)(e)(j)(l), Chapter 75-489, Laws of Florida, as amended; and Section 26-129(b)(5), Pinellas County Code; and (3) impose the following penalty: (a) (b) (c) Respondent is assessed an Administrative Fine of $500.00 plus costs for Administrative Complaint A13-1747. Suspension of the Respondent s license; however, suspension is stayed and there will be a one-year probation if the Respondent resolves the complaint and pays the find of $500.00 plus costs within 30 days of the Final Order. Notification to Division of Workers Compensation for further investigation. IV. MISCELLANEOUS CORRESPONDENCE AND REQUESTS A. Old Business: None. B. New Business: 1. PCCLB Office Lease Renewal Mr. Fischer, with input by Chair Skipper, indicated that a lease has been negotiated with the landlord for the next five years; that the rent has been reduced in exchange for the tenant taking responsibility of the inside maintenance of the premises, including plumbing and light fixtures; and that the lease is actually a one-year lease with renewal options, allowing yearly negotiation, if needed; whereupon, in response to query by Mr. Tafelski, Mr. Fischer related that the landlord is installing a new air-conditioning system; and that a five-year warranty on the system could probably be enforced. 8
Mr. Tafelski moved, seconded by Mr. Eich and carried unanimously, that the Board approve the PCCLB office lease agreement as presented. 2. Rodney S. Fischer s Employment Contract Renewal Mr. Fischer indicated that his employment contract expires June 30, 2014; whereupon, at the request of the Chairman, he left the room. Following brief discussion, Mr. Goldman moved, seconded by Mr. Tafelski, that Mr. Fischer s contract be renewed with the stipulation that he receive a salary increase equivalent to that of County employees, and discussion ensued. Responding to query by Mr. Wolf as to why the Board would not give Mr. Fischer a raise regardless of whether the County provided raises to its employees, Chair Skipper indicated that, per the interlocal agreement with the County, the Licensing Board is part of the County s Unified Personnel System. Following further discussion and upon call for the vote, the motion carried unanimously; whereupon, Mr. Fischer returned to the room. C. Miscellaneous Correspondence None. D. Citizens to be Heard: 1. Todd Pressman Mr. Fischer indicated that Mr. Pressman wanted to speak to the Board regarding a recent case involving damage to a property during a storm while the roof was being replaced; that the insurance company paid in full; and that the Board dismissed the case; whereupon, Chair Skipper stated that Mr. Pressman is not in attendance. 9
2. Harold J. Myers, Plumbing Rescue Case No. A14-241 Mr. Myers indicated that he had received an administrative complaint and notification of today s hearing; and that he did not dispute the allegations, but believed he is required to appear to reserve the right to speak to the matter in the future, as it may come before the Department of Business and Professional Regulation; whereupon, Mr. Fischer indicated that staff recommends a $500.00 fine, plus costs, and discussion ensued. Mr. Goldman indicated that Mr. Myers misunderstood his rights; whereupon, he moved, seconded by Mr. Tafelski and carried unanimously, that Mr. Myers pay a reduced fine in the amount of $300.00. Thereupon, Mr. Fischer stated that the Department of Business and Professional Regulation does not get involved with permitting issues. 3. Frank Dipple Case No. A14-231 Mr. Dipple indicated that he received a notice from the Board indicating that he is required to appear regarding Permit No. CB12-06568 involving an airconditioning system that he thought had received final inspection; that upon receiving the notice, he reinstated the permit; and that the job was inspected yesterday. In response to query by Chair Skipper, Mr. Dipple agreed to pay a $300.00 fine to resolve the case; whereupon, Mr. Tafelski moved, seconded by Mr. Eich and carried unanimously, that Mr. Dipple be assessed a fine in the amount of $300.00, V. ADJOURNMENT The meeting was adjourned at 2:31 P.M. Chair 10