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AGENDA
Escambia County Competency Board
August 7, 2013–Time 9:00 a.m.
Escambia County Central Office Complex
3363 West Park Place
 
 
             
1.   Call to Order.
 
2.   Determination of Quorum.
 
3.   Proof of Publication.
 
4. 4765   Approval of Minutes - July 10, 2013
 
5.   Public Forum.
 
6.   Board Secretary Status Report.
 
7.   Report of Donald Mayo, Building Official.
 
8.   Old Business
 
A.   Discussion concerning insurance requirements for Marine Contractors.  [Staff requesting item be deferred until September.]
 
B. 4759   Staff Report regarding status of Robert Guy (State Certified License No.: CCC1327027) and Pensacola Roofing Company's open/expired permits activity.
 
9.   Contractor Applications:
 
A. 4753   STEVEN PARLIER, JR. - APPLICATION FOR EXAMINATION (MASTER PLUMBER w/GAS)
 
B.   Hafdis B. Wright and H. Wright Roofing, LLC - Certificate of Competency License No.:  RR0186
Ms. Wright was present before the Board on June 5, 2013 and July 10, 2013 for the purpose of two (2) homeowner complaints, (i.e., 8531 Kingfisher Way and 2 Gilbert Circle). At the July Notice to Show Cause Hearing, the Board was advised by Robert Kyles, Chief Investigator, that Ms. Wright had reimbursed each homeowner.  He further informed the Board that the homeowners had requested their complaints be withdrawn.
Ms. Wright advised the Board that she is the only person who can obtain permits on behalf of H. Wright Roofing, LLC and she is personally supervising all jobs.  Ms. Wright's request to have her permitting privileges reinstated was unanimously approved by the Board.
The Board, after conferring with Counsel, determined that it lacked a quorum to vote regarding a Disciplinary hearing based upon Member absences at the June meeting. With that in mind, it was suggested to Ms. Wright that she meet with Staff to determine the amount of Administrative Costs for the complaints at 8531 Kingfisher Way and 2 Gilbert Circle; arrange for payment of these fees prior to the August 2013 meeting and possibly avoid a disciplinary hearing.
 
10.   NEW BUSINESS.
 
A.   BRIAN ERDMAN - Contractor Competency License No.:  DWS 0087
1.  Violation:  Section 18-37(c)(2) - "Aiding or abetting any uncertified or unregistered person to evade any provision of this article ...";
2.  Violation:  Section 18-37(d)(1) - "Obtaining a license through fraud or misrepresentation. ...";
3.  Violation:  Section 18-37(d)(6) - "Combining and conspiring with an unlicensed person or entity to evade the provisions of F.S. Ch. 489.  ...";
4.  Violation:  Section 18-37(d)(7) - "Failure to qualify a firm, and/or acting under a name not on license. ...".
 
B.   HAFDIS B. WRIGHT and H. WRIGHT ROOFING, LLC - License No.:  RR0186
1.  Violation:  "Failing in any material respect to comply with the provisions of this part or violating a rule or order of the board."  F.S. 489.129(I)";
2.  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. ..."
3.  Violation:  Section 18-37(c)(5) "Diversion of funds or property received for prosecution or completion of a particular construction project or operation by the contractor when as a result of such diversion the contractor is or will be unable to fulfill the terms of his obligations or contract."
4.  Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..."F.S. 489.129(1)(h), as amended.
5.  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"
6. 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)(1) Misconduct by failure to honor warranty. ..." 
 
1.   1907 Waxwing
1. Violation: "Failing in any material respect to comply with the provisions of this part or violating a rule or order of the board." F.S. 489.129(I)";
 
2.   107 Rittenberry
Contract executed mid-April 2013; payment issued in 4 checks at roofer request.  Job began approximately 2 weeks after contract signed and first payment.  Checks written to "Michael Wright" as directed on Contract.  Permit pulled on 7/10/13; no in progress inspection obtained; final inspection obtained 7/26/13 after contacted by BID Investigator Deb Asplund on behalf of homeowner.  Homeowner denied homeowner insurance reduction in premium due to no permit pulled and no inspection.
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(15) "Proceeding on any job without obtaining applicable local building department permits and/or inspections. F.S. 489.129(1)(p), as amended. (b) Failure to obtain inspection. ..."
3.  Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..." F.S. 489.129(1)(h), as amended.

 
3.   1113 CALINDA STREET
Contract executed 3/2/13 with down payment of $4,000.00.  All checks wrote to Michael Wright; allegedly handed to Brad Wright.  Re-Roof did not begin until late July 2013.  Permit pulled 7/10/13.  Job valuation understated on permit application.  Numerous attempts to contact Hafdis Wright and H. Wright Roofing, LLC to no avail.  Final payment of $4,000.00 to Michael Wright but delivered to Brad Wright.  Hafdis Wright was onsite for part of job.  Final inspection completed 8/2/13. [20 weeks from signing contract to completion of job.]
1. Violation: "Failing in any material respect to comply with the provisions of this part or violating a rule or order of the board." F.S. 489.129(I)";
2. Violation: Section 18-37(c)(5) "Diversion of funds or property received for prosecution or completion of a particular construction project or operation by the contractor when as a result of such diversion the contractor is or will be unable to fulfill the terms of his obligations or contract."
3. Violation: Section 18-37(c)(11) "Finding that a contractor is guilty of fraud or deceit or gross negligence, incompetenc or misconduct in the practice of contracting. ..."
 
4.   1911 Waxwing
Contract executed late March 2013 for reroof with discussion of start date mid-April; contract price $8,250.00 with 1/2 down.  Five weeks later, material was delivered to address; work began 2 weeks later.  Substantial damage caused by Brad Wright and Michael Wright, (i.e., vent cover removed, rain occurred overnight causing substantial damage to ceiling sheetrock).  Damage was admitted by both Michael and Brad Wright.  Dealt with Brad Wright and Michael Wright, however a 'cousin' did actual roof work.  Hafdis Wright never seen at jobsite to homeowner's knowledge.  Checks made out to Michael Wright; draw requested before re-roof and ceiling damage repaired.  Approximately 4 weeks after beginning job, damage was repaired - poor quality.  No permit or inspections obtained. Working while insurances expired.
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(c)(5) "Diversion of funds or property received for prosecution or completion of a particular construction project or operation by the contractor when as a result of such diversion the contractor is or will be unable to fulfill the terms of his obligations or contract."
3. Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..."F.S. 489.129(1)(h), as amended.
4. 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"
5. 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, Florida Statutes as amended. ..."
6. 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. ..." 
 
5.   1968 Ft. Pickens Rd
Contract executed on 4/1/13 for re-roof with costs of $6500; $3,000.00 down payment made payable to Michael Wright in 2 checks, (i.e., $1,000 & $2,000); final checks were to be paid in two checks also, at request of roofer.  Proposed start date 4/8/13.  Work never began.  Hired another contractor 5/14/13 (6 weeks after signing contract and paying down payment to Michael Wright).  Hafdis Wright was not seen on jobsite; dealt with Michael and Brad Wright.  Numerous calls to Contractor were not returned.  Down payment was returned, according to homeowner, after pressure of lawsuit and the State Attorney's office.
1. Violation: Section 18-37(c)(5) "Diversion of funds or property received for prosecution or completion of a particular construction project or operation by the contractor when as a result of such diversion the contractor is or will be unable to fulfill the terms of his obligations or contract."
2. Violation: Section 18-37(13 "Misconduct or incompetency in the practice of contracting as set for in F.S. chapter 489.129(1)(n) ... (c)(2) Violation of any provision of chapter 489, part I, Florida Statutes, as amended. ... ".
3. Violation: Section 18-37(c)(10) "Abandonment. ..."
4. Violation: Section 18-37(c)( 6) "Financial mismanagement of misconduct in the practice of contracting that causes financial harm to a customer ..."
 
6.   6938 Corrydale Dr 
Contractor hired to repair roof leak in January 2012; leak reappeared 1 year later.  After numerous calls, H. Wright Roofing, LLC came out to look at leak and never returned or honored their contract.  Homeowners hired another company at a cost of $425 to repair roof; leak is stopped.
1.  Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..."F.S. 489.129(1)(h), as amended.
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"
3.  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)(1) Misconduct by failure to honor warranty. ..."
 
7.   5771 Hwy. 95A
Unpermitted demolition of patio; rebuild patio; re-roof house performed by H. Wright Roofing, LLC between March 1, 2013 and April 18, 2013.  Contractor was paid $4,200.00.  No permit pulled; unlicensed construction work.
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"
3. 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) Violaiton of any provision of chapter 489, part I, Florida Statutes as amended. ..."
 
8.   2390 Ursula Ln
Contractor hired for roof repair on or about October 8, 2012; two leaks in the area where contractor work performed.  Leak remains and shingles in area of roof repair have blown away.  Numerous calls by homeowner to H. Wright Roofing LLC either unanswered calls (as late as 7/7/2013) or false promises or 'no shows' to come out and review leaks.
1.  Violation: Section 18-37(d)(8) "Mismanagement or misconduct causing financial harm to the customer. ..."F.S. 489.129(1)(h), as amended.
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: (c)(1) Misconduct by failure to honor warranty. ..."
 
11.   Information Report:
UNPERMITTED / UNLICENSED ACTIVITY / COMPLAINTS:

Wade Russell Plumbing/Wade Russell - homeowner complaint/resolved
Uncle Sam's Services, LLC/Samuel Brown - unpermitted sprinkler
Brian Erdman Carpentry/Brian Erdman - fraud; aiding & abetting to unlicensed contractor
Bradley Plumbing/Joe Baudenstil - homeowner complaint
 
 
12.   Adjournment.
 

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