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MINUTES

Escambia County
CONTRACTOR COMPETENCY BOARD

August 7, 2013
 
Present: Chairman James Lee  
  Victor Wallace  
  Mike Batchelor  
  Sam Menezes  
  Trice Dukes  
  David Schwartz  
  Leroy White  
  Verris Magee  
  James Reynolds  
Absent: Vice Chairman John Matthews
Staff Present: Sue Garrett, Secretary
Ryan Ross, Assistant County Attorney
Attendees: Donald R. Mayo, Building Official
Kathy Peterson, BID Admin Supervisor
Deb Asplund, BID Investigator
Hafdis B. Wright, Contractor
Michael Wright
Robert Guy, Contractor
Brian Erdman, Contractor
             
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 August 7, 2013, in Room 104 of the Escambia County 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 August 3, 2013.
             
4.   AI-4765    Approval of Minutes - July 10, 2013
  Motion made by James Reynolds, Seconded by Verris Magee to approve the Contractor Competency Board Minutes of the July 10, 2013 meeting as prepared by the Board Secretary.
  Vote: 10 - 0 - Unanimously
             
5.   Public Forum - No Speakers were present.
             
6.   Board Secretary Status Report:
The Board Secretary advised the Board that the Licensing Issue Report had been provided to DBPR for the month of July 2013.
             
7.   Report of Donald Mayo, Building Official:
Mr. Mayo briefly addressed Members regarding his recent return to BID as Building Official.
             
8.   Old Business
             
A.   Discussion concerning insurance requirements for Marine Contractors was deferred until the September meeting at the request of Staff.
             
B.   AI-4759    Staff presented a Status Report regarding Robert Guy (State Certified License No.:  CCC1327027) and Pensacola Roofing Company's open/expired permits activity.  Members were informed Mr. Guy had succeeded in closing out all but a few of the open/expired permits under review.  Mr. Guy was present and answered questions by the Board.
  Motion made by Mike Batchelor, Seconded by James Reynolds to accept the report and close the matter regarding Robert Guy and Pensacola Roofing Company with no further Board action.
  Vote: 10 - 0 - Unanimously
             
9.   Contractor Applications:
             
A.   AI-4753    STEVEN PARLIER, JR. - APPLICATION FOR EXAMINATION (MASTER PLUMBER w/GAS) [Application was reviewed and approved by the CCB Examination Committee.)
  Motion made by David Schwartz, Seconded by Mike Batchelor to approve the Examination Application (Master Plumber w/Gas) of Steven Parlier, Jr.
  Vote: 10 - 0 - Unanimously
             
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). Ms. Wright was present for this discussion and addressed the Board regarding same.
  Motion made by Mike Batchelor, Seconded by David Schwartz to close the complaints of 8531 Kingfisher Way and 2 Gilbert Circle upon confirmation that Ms. Wright had paid the assessed costs of $350 for each complaint as discussed at the July 2013 Meeting.
  Vote: 9 - 0
             
10.   NEW BUSINESS.
             
A.   Brian Erdman, Contractor Competency License No.: DWS 0087, appeared before the Board on a Notice To Appear for the following:
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. ...".
  Motion made by Victor Wallace, Seconded by Sam Menezes to close matter subject to Mr. Erdman obtaining and submitting another original Experience Verification form completed by Gregory R. Fite; and to reinstate permitting privileges upon receipt of and approval by the Building Official of that form.
  Vote: 9 - 0
             
B.   HAFDIS B. WRIGHT and H. WRIGHT ROOFING, LLC - License No.: RR0186
Ms. Wright was present before the Board on a Notice to Appear regarding the job locations and violations noted below:
1907 Waxwing Drive
1068 Ft. Pickens Rd (incorrectly shown as 1968 Ft. Pickens Road
6938 Corrydale Drive
107 Rittenberry
1113 Calinda Street
1911 Waxwing Drive
577 Highway 95A
2390 Ursula Lane
Multiple Violations for each location included:
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. ..."
  Motion made by Victor Wallace, Seconded by David Schwartz to proceed to a Notice To Show Cause Hearing on the locations presented to be scheduled for Wednesday, September 11, 2013.
  Vote: 9 - 0
             
11.   The Board received the Information Report regarding UNPERMITTED / UNLICENSED ACTIVITY / COMPLAINTS for July 2013 as follows:
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.   The Board Secretary inquired if the Board desired to move the September 4th meeting should be moved to September 11th as the first week of September is a holiday week.
  Motion made by Victor Wallace, Seconded by David Schwartz to reschedule the meeting on Wednesday, September 4, 2013 to Wednesday, September 11, 2013 due to the Labor Day holiday.
  Vote: 9 - 0
             
13.   Member, James "Jim" Reynolds, commended Staff on their working with Board Members in streamlining the meetings , presenting the Agenda and backup.
             
14.   Adjournment.
  Motion made by David Schwartz, Seconded by James Reynolds to adjourn the meeting at 9:50 a.m.
  Vote: 9 - 0

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