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MINUTES
 
Escambia County
CONTRACTOR COMPETENCY BOARD

October 9, 2013
 
Present: James Lee, Chairman  
  John Matthews, Vice Chairman  
  Victor Wallace  
  Mike Batchelor  
  Sam Menezes  
  David Schwartz  
  Leroy White  
  Verris Magee  
  James Reynolds  
Absent: Trice Dukes
Staff Present: Sue Garrett, Secretary
Ryan Ross, Assistant County Attorney
Kathy Peterson, Administrative Supervisor
Robert Kyles, Chief Investigator
Attendees: Deb Asplund, BID Investigator
Mark Ule, Applicant
Jeffrey Struck, Applicant
Hafdis B. Wright, Contractor
Disa Wright
Michael Wright
Rudolfo R. Agabin
             
1. Call to Order - Chairman Lee called to order the regular meeting of the Escambia County Contractor Competency Board at 9:00 a.m. on Wednesday, October 9, 2013, in Room 104 of the Central Office Complex.
             
2. Determination of Quorum - Chairman Lee confirmed a quorum of members were present.
             
3. Proof of Publication Chairman Lee, upon inquiry, confirmed the meeting date and time was properly advertised in the Pensacola News Journal on October 5, 2013.
             
4. AI-5112  Approval of Minutes - September 11, 2011
  Motion made by James Reynolds, Seconded by Verris Magee to approve the September 11, 2013 Contractor Competency Board Meeting Minutes as prepared by the Board Secretary.
             
5. Public Forum:
Rudolfo R. Agabin, appeared before the Board related to 1520 S. Fairfield. The Board directed Staff meet with Mr. Agapin to determine the nature of Mr. Agapin's concerns.
             
6. Old Business - NONE
             
7. Contractor Applications:
             
A. AI-5078  MARSHAL R. BORJA - APPLICATION FOR EXAMINATION (RESIDENTIAL POOL)
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to approve the Application for Examination of MARSHAL R. BORJA for Residential Pool Contractor.
             
B. AI-5079  ROBERT M. BROADLEY - APPLICATION FOR EXAMINATION (MASTER PLUMBER W/GAS)
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to approve the Application for Examination of ROBERT M. BROADLEY for Master Plumber w/Gas Contractor.
             
C. AI-5080  JOHN CARTER - APPLICATION FOR EXAMINATION (SPRINKLER/LAWN IRRIGATION)
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to approve the Application for Examination of JOHN CARTER for Sprinkler/Lawn Irrigation Contractor.
             
D. AI-5084  JEFFREY A. STRUCK - APPLICATION FOR EXAMINATION (DOORS/WINDOWS/SIDING)
  Motion made by Vice Chairman John Matthews, Seconded by Leroy White to approve the Application for Examination of JEFFREY A. STRUCK for Doors/Windows/Siding.
             
E. AI-5113  CARL TRAVIS MANNING - APPLICATION FOR EXAMINATION (RESIDENTIAL POOL)
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to approve the Application for Examination of CARL TRAVIS MANNING for Residential Pool Contractor.
             
F. AI-5081  The Application for Restoration/Reinstatement of MICHAEL D. BRADFORD, Certificate of Competency License No.:  BC2058 (exp:  8/30/2010) was deferred until the November 2013 meeting to allow the Contractor to be present.
             
G. AI-5082  MARK A. ULE - APPLICATION FOR RESTORATION/REINSTATEMENT; CERTIFICATE OF COMPETENCY LICENSE NO.:  BC0414 [INACTIVE]; (exp:  4/25/2004) 
  Motion made by Vice Chairman John Matthews, Seconded by Leroy White to approve the Application for Restoration/Reinstatement of MARK A. ULE, Certificate of Competency License No.: BC2058 (expired: 8/30/2010 to inactive status, contingent upon payment of all past due renewal periods.
             
H. AI-5083  ROBERT M. FLEWELLYN - APPLICATION FOR RESTORATION/REINSTATEMENT; CERTIFICATE OF COMPETENCY LICENSE NO.:  DWS0057 (exp: 5/02/2011) 
  Motion made by Victor Wallace, Seconded by James Reynolds to defer consideration of ROBERT M. FLEWELLYN's Application for Restoration/Reinstatement of Certificate of Competency License No.: DWS0057 (expired: 5/2/2011) to allow Contractor to be present.
             
8. AI-5114  DISCIPLINARY HEARING
             
A. AI-5103  HAFDIS B. WRIGHT and H. WRIGHT ROOFING, LLC - Certificate of Competency License No.: RR0186
Notice of Intent to Consider Suspension or Revocation of Certification; Administrative Complaint with Exhibit "1"; cover letter and CRRR proof of delivery.
Hafdis B. Wright, Contractor, and Michael Wright were present and duly sworn to offer testimony in this matter.

  Motion made by Vice Chairman John Matthews, Seconded by Verris Magee to reserve jurisdiction to award administrative costs associated with Hafdis B. Wright, Certificate of Competency License No.: RR0186.
             
1. 1907 Waxwing Drive
  Motion made by James Reynolds, Seconded by Vice Chairman John Matthews to dismiss Agenda Item Nos. 9(A)(1),(i)(ii)&(iii).
             
2. 107 Rittenberry Road
1. Violation: Section 18-37(15) "Proceeding on any job without obtaining applicable local building department permits and/or inspections. F.S. 489.129(1)(p), as amended. (c) Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections. ..."
4. Violation: F.S. 489.114 & F.S. 489.115.5 "Failure to provide evidence of Workers' Compensation Coverage and public liability insurance and property damage insurance for the safety and welfare of the public, in amounts determined by rule of the board. ..."
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to find contractor, Hafdis B. Wright, in violation of Section 18-37(15), Escambia County Code of Ordinances; assess a $500 fine with a Letter of Reprimand to be placed in Contractor's permanent file. (Item No.: 9(A)(4)(i)).
             
3. 1113 Calinda Street
  Motion made by Vice Chairman John Matthews, Seconded by Leroy White to dismiss all charges in Item 9(A)(3)(i),(ii) &(iii).
             
4. 1911 Waxwing Drive
1. Violation: Section 18-37(15) "Proceeding on any job without obtaining applicable local building department permits and/or inspections. F.S. 489.129(1)(p), as amended. (c) Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections. ..."
4. Violation: Section 18-37(13)(c) "Misconduct or incompetency in the practice of
contracting as set forth in F.S. 489.129(1)(n), shall include, but is not limited to: (c)(2) Violation of any provision of chapter 489, Part I, F.S. as amended. ..."
5. Violation F.S. 489.114 & 489.115.5 - Failure to provide evidence of Workers' Compensation Coverage and public liability insurance and property damage insurance for the safety and welfare of the public, in amounts determined by rule of the board. ..."
  Motion made by James Reynolds, Seconded by Victor Wallace to find contractor, Hafdis B. Wright, in violation of Section 18-37(15), Escambia County Code of Ordinances; assess a $500 fine with a Letter of Reprimand to be placed in Contractor's permanent file. (Item No.: 9(A)(4)(i)).
  Motion made by Vice Chairman John Matthews, Seconded by Leroy White to find contractor, Hafdis B. Wright, in violation of F.S. 489.114 & 489.115.5; assess a $500 fine with a Letter of Reprimand to be placed in Contractor's permanent file. (Item No.: 9(A)(4)(v)).
             
5. 1068 Ft. Pickens Road
  Motion made by James Reynolds, Seconded by Leroy White to dismiss Agenda Items 9(A)(6)(i),(ii) and (iii).
             
6. 6938 Corrydale Drive
1. Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..."F.S. 489.129(1)(h), as amended.
  Motion made by James Reynolds, Seconded by Leroy White to dismiss Agenda Item 9(A)(6)(i). [Motion failed.]
  Motion made by James Reynolds, Seconded by Sam Menezes to dismiss Agenda Item No. 9(A)(6)(ii).
             
7. 5771 Highway 95A
1. Violation: Section 18-37(15) "Proceeding on any job without obtaining applicable local building department permits and/or inspections. F.S. 489.129(1)(p), as amended. (c) Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections. ..."
2. Violation: Section 18-37(d)(9)(b) "Contracting beyond scope of practice allowed by license, no safety hazard. ... F.S. 489.113 and 489.117"
  Motion made by James Reynolds, Seconded by Vice Chairman John Matthews to uphold a finding of Hafdis B. Wright, Contractor, in violation of Section 18-37(15), Escambia County Code of Ordinances; assess $1000 fine and Letter of Reprimand in Contractor's permanent file. (Item 9(A)(7)(i).
             
8. 2390 Ursula Lane
  Motion made by Vice Chairman John Matthews, Seconded by Mike Batchelor to dismiss Agenda Item 9(A)(8)(i),(ii).
             
9. 4690 Red Bud Lane
1. Violation: Section 18-37(15) "Proceeding on any job without obtaining applicable local building department permits and/or inspections. F.S. 489.129(1)(p), as amended. (c) Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections. ..."
2. Violation: Section 18-37(13)(c) "Misconduct or incompetency in the practice of contracting as set forth in F.S. 489.129(1)(n), shall include, but is not limited to: (2) Violation of any provision of chapter 489, part I, Florida Statutes as amended. ..."
  Motion made by James Reynolds, Seconded by Victor Wallace to uphold a finding of Hafdis B. Wright, Contractor, in violation of Section 18-37(15), Escambia County Code of Ordinances; assess fine of $500; Letter of Reprimand in Contractor's permanent file; require Contractor to obtain permit and necessary inspections.
             
10. 7425 Gibson Road
  Motion made by Leroy White, Seconded by Mike Batchelor to dismiss Agenda Item 9(A)(10)(i),(ii).
             
9. Adjournment.

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