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MINUTES

ESCAMBIA COUNTY
CONTRACTOR COMPETENCY BOARD

September 11, 2013
 
Present: Chairman James Lee  
  Vice Chairman John Matthews  
  Victor Wallace  
  Mike Batchelor  
  Sam Menezes  
  Trice Dukes  
  David Schwartz  
  Verris Magee  
  James Reynolds  
Absent: Leroy White
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
Richard Muckey, Applicant
Mattie Hardy, Complainant/Homeowner
Hafdis B. Wright, Contractor
Michael Wright
Kenneth D. Minnick, Marine Contractor
Charles Bowman, Contractor/Applicant
Peter Gaddy, Marine Contractor
John Loftis, Marine Contractor
Kelly White, Exec VP, Fla Marine Contractor Assoc.
Casey Cass, Pres., Fla Marine Contractors Assoc
Jimmy Jones, Contractor
             
1.   Call to Order - Chairman Lee called to order the regular meeting of the Escambia County Contractor Competency Board at 9:07 a.m. on September 11, 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 September 7, 2013.
             
4.   AI-4937    Approval of Minutes - August 7, 2013
  Motion made by Vice Chairman John Matthews, Seconded by James Reynolds to approve the August 7, 2013 Contractor Competency Board Meeting Minutes as prepared by the Board Secretary.
  Vote: 9 - 0
             
5.   Public Forum - No speakers were present.
             
6.   Board Secretary Status Report:
The Board Secretary advised the Board that the Licensing Issue Activity Report had been provided to DBPR for the month of August 2013.
             
7.   Old Business
             
A.   Discussion concerning insurance requirements for Marine Contractors.
Members were informed of and participated in discussion regarding current requirements for Marine Contractors' Workers Compensation coverage in Florida. Casey Cass, President, Florida Marine Contractors Association; Kelly White, Executive Director, Florida Marine Contractors Association; John Loftis, Dale Minnick and Peter Gaddy - Marine Contractors, addressed the Board and shared concerns of disparity in the Workers' Compensation coverage by some local marine contractors.
  Motion made by Vice Chairman John Matthews, Seconded by David Schwartz to refer to Staff for development of a written policy for scope of work review regarding Workers' Compensation requirements related to Marine Contractors.
  Vote: 9 - 0
             
8.   Contractor Applications:
             
A.   AI-4939    GARY DEAN PLATT -  Application For Examination (Doors/Windows/Siding)
  Motion made by Mike Batchelor, Seconded by Vice Chairman John Matthews to approve Gary Dean Platt's Application for Examination (Doors/Windows/Siding).
  Vote: 9 - 0
             
B.   AI-4940    NATHAN J. LIECHTY - Application for Examination (Doors/Windows/Siding)
  Motion made by Mike Batchelor, Seconded by Vice Chairman John Matthews to approve Nathan J. Liechty's Application for Examination (Doors/Windows/Siding).
  Vote: 9 - 0
             
C.   AI-4941    ELI MILLER - Application For Examination (Roofing)
  Motion made by Mike Batchelor, Seconded by Vice Chairman John Matthews to approve Eli Miller's Application for Examination (Roofing).
  Vote: 9 - 0
             
D.   AI-4958    CHARLES E. BOWMAN, JR. - Application for Restoration/Reinstatement (91 days - 2 years) [Exp:  9/12/2011]; Applicant present.
  Motion made by Vice Chairman John Matthews, Seconded by James Reynolds to approve Charles E. Bowman, Jr.'s request for restoration of Certificate of Competency License No.: RR2012, with condition of ninety (90) days probation; contingent upon payment of all applicable renewal fees, proof of required general liability insurance and workers' compensation coverage; closure of twenty-three (23) expired permits.
  Vote: 9 - 0
             
E.   AI-4938    RICHARD J. MUCKY, JR - Application For Reciprocity (General Contractor); Applicant was present.
  Motion made by Trice Dukes, Seconded by Verris Magee to approve Richard J. Mucky, Jr.'s Application for Reciprocity (General Contractor), contingent upon receipt of experience verification that meets the requirements of the Ordinance.
  Vote: 9 - 0
             
9.   Show Cause Hearing
             
A.   AI-4957    HAFDIS B. WRIGHT and H. WRIGHT ROOFING, LLC - Certificate of Competency License No.:  RR0186
  Motion made by Trice Dukes, Seconded by Verris Magee to proceed to a disciplinary hearing involving Hafdis B. Wright and H. Wright Roofing LLC, incorporating Agenda Items 9A(1-9) and including the location 7425 Gibson Road.
  Vote: 9 - 0
             
1.   1907 Waxwing Drive
Permit was not required; down payment paid 6/5/13; Contract executed 6/10/13; negotiated by Brad Wright after Board direction on 6/5/13 that he not be involved in conducting/negotiating contracts/payments. Homeowner stated Hafdis Wright not on site during job. Work performed while General Liability insurance coverage lapsed (4/13/13 - 6/3/13).
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: 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. ..."
2. Violation: Section 18-37(9)(h) "Failure to supervise construction activities. ..."
             
2.   107 Rittenberry
Contract executed 4/18/13; payment issued in 4 checks at Contractor representative request. Job began approximately 2 weeks later and completed 5/27/13. Permit pulled on 7/10/13 [date permitting privileges were reinstated but approximately 11 weeks after job began]; no in progress inspection; Homeowner denied insurance premium reduction due to no permit obtained and no inspections. Final inspection completed 7/26/13 after homeowner and insurance agent contacted BID Inv. Deb Asplund. Checks written to "Michael Wright" as directed on Contract.
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.
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. ..."
             
3.   1113 CALINDA STREET
Contract executed 3/2/13 with down payment of $4,000.00. Permit obtained 7/10/13 [date permitting privileges reinstated]; Job valuation understated on permit application. Re-Roof did not begin until late July 2013. Numerous attempts to contact Hafdis Wright and H. Wright Roofing, LLC to no avail. Hafdis Wright was onsite for part of job. Final inspection completed 8/2/13. [20+ weeks from signing contract to completion of job.] All checks wrote to Michael Wright; allegedly handed to Brad Wright.
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, incompetence or misconduct in the practice of contracting. ..."
             
4.   1911 Waxwing
Job discovered as a result of investigation of 1907 Waxwing. Contract executed 3/1/13 for reroof; estimated start date mid-April; contract price $8,250.00 with 1/2 down. Five (5) weeks later, material delivered; work began approximately 2 weeks later. Damage caused by Brad Wright and Michael Wright, (i.e., vent cover removed, rain occurred overnight causing substantial damage to ceiling sheetrock), both of whom allegedly admitted causing damage. Homeowner dealt with Brad Wright and Michael Wright; states a 'cousin' of the Wrights did actual roof work. Hafdis Wright never seen at jobsite according to homeowner. Approximately 4 weeks after beginning job, damage was repaired - poor quality. Checks made out to Michael Wright; draw requested before re-roof and ceiling damage repaired. NO PERMIT OBTAINED OR INSPECTIONS COMPLETED; WORKING WHILE INSURANCE 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(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. ..."
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. ..."
             
5.   1068 Ft. Pickens Rd
Contract executed on 4/1/13 for $4200 - roof repair [$3,000.00 down payment made payable to Michael Wright in 2 checks, (i.e., $1,000 & $2,000)]. Proposed start date 4/8/13. Work never began. Hired another contractor 5/14/13 (6 weeks after Contract signed and down payment paid) for roof repair. Hafdis Wright was not seen on jobsite; dealt with Michael Wright and Brad Wright. Numerous calls to Contractor never returned. H. Wright Roofing LLC returned down payment, 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(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.   6938 Corrydale Dr
Contractor hired to repair roof leak 1/30/12; leak reappeared 1 year later. After numerous calls, Michael Wright met with homeowner on 3/2/13 to inspect leak; promised to return on 3/7/13 and never returned or honored warranty [Contract states 'warranty of 3 years on labor']. Homeowner hired another company at a cost of $425 to repair roof; leak is stopped. No permit required.
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. ..."
             
7.   5771 Hwy. 95A
Contract for demolition of patio; rebuild patio changing to enclosed room; re-roof house 12/22/12 - 2/2/13, by H. Wright Roofing, LLC. Contractor paid $4,200.00. NO PERMIT(S) OBTAINED and NO INSPECTIONS; UNLICENSED CONSTRUCTION WORK; WORK OUTSIDE SCOPE OF LICENSE, (i.e., new studs, ceiling and roof rafters, new exterior window and door, new exterior vinyl, electrical). Homeowner filed Better Business Bureau Complaint to which Ms. Wright responded to, admitting to all work "... as stated Mrs. Stromas hired us to tear down her existing patio. She could not afford for us to build up the patio to make it a hip roof, so we agreed on a flat roof." Leaks occurred. Final completion of work done by homeowner and her father.
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) Violation of any provision of chapter 489, part I, Florida Statutes as amended. ..."
             
8.   AI-4953    2390 Ursula Ln
Contractor hired for roof leak repair on or about 10/8/1212; two (2) leaks in the area where contractor  performed work. Leaks remain and shingles in area of roof repair have allegedly blown away.  Numerous calls by homeowner to H. Wright Roofing LLC - either unanswered calls (as late as 7/7/2013) or false promises and 'no shows' to inspect leaks.  Contract stated two year warranty on labor.  Homeowner states shingles are different colors; Contractor representative informed homeowner the shingles would age with time to same color as existing shingles.  Homeowner financially unable to hire another contractor.
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. ..."
             
9.   4690 Red Bud Lane
Homeowner states H. Wright Roofing LLC completed a reroof job at this location within the past five (5) months. NO PERMIT or INSPECTIONS OBTAINED.
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. ..."
It was noted during discussion that the owner of 4690 Red Bud Lane also owns 7425 Gibson Road. The latter address did have a permit but no inspections and no recorded Notice of Commencement.
             
10.   New Business.
             
A.   JIMMY R. JONES and JIMMY JONES ROOFING, Certificate of Competency License No.: RR01309
1. Complaint: 6937 Falcon Drive
Violation: Section 18-37(15) "Proceeding on any job without obtaining applicable local building permits and/or inspections. F.S. 489.129(1)(p), as amended. (b) Failure to obtain inspection. ..."
This matter was deferred at the request of Staff
2. Stop Work Order (STO) issued by Division of Workers Compensation 7/8/2013; BID received notice from DBPR that a state-wide was in effect against Jimmy R. Jones. Mr. Jones obtained two (2) permits after he knew or should have known that the STO was issued.
[Mr. Jones was present.]
  Motion made by David Schwartz, Seconded by Victor Wallace to take no further action regarding Item 10A(2) after consideration of the facts as presented by Investigator Deb Asplund.
  Vote: 9 - 0
             
B.   AI-4942    Discussion regarding HB269 related changes to F.S. 489.127(5)(c)(f) and (6) increasing fines for unlicensed contractors activity.
  Motion made by James Reynolds, Seconded by Verris Magee to refer to Staff to prepare necessary revisions to the existing ordinance and fee schedule to conform with increased fines for unlicensed contractor activity pursuant to recent changes brought about by HB269.
  Vote: 9 - 0
             
11.   The Board received the Information Report regarding UNPERMITTED / UNLICENSED ACTIVITY / COMPLAINTS for August 2013 as follows:
Colony Homes/Randal Lemon - unpermitted irrigation (8 counts)
McCombs Electric/Jack McComp - unpermitted HVAC replacement
Shenberger Plumbing/Neal Shenberger - unpermitted plumbing
Charter Oaks Corp/Ralph Edgar - STOP WORK ORDER by Div of WCOM; notice from DBPR
Preferred Contruction/Gary Broxson - construction without permit
1st Class Plumbing/Travis Rose - unpermitted backflow replacement
Terry Smith Plumbing/Terry Smith - unpermitted backflow installation
H & H Enterprises - unlicensed, unpermitted storage shed installation
East Hill Builders/Taylor Longsworth - STOP WORK ORDER by Div of WCOM; notice from DBPR
Jimmy Jones Roofing LLC/Jimmy Jones - STOP WORK ORDER by Div of WCOM; notice from DBPR
Jimmy Jones Roofing LLC/Jimmy Jones - Complaint by homeowner
Jimmy Jones Roofing LLC/Jimmy Jones - work performed without WCOM coverage
             
12.   Chairman Lee requested that the October regular meeting and public hearings be scheduled for Wednesday, October 9, 2013 due to the Investigative staff attending a certification class out of town the week of October 1st.
             
13.   Adjournment.
  Motion made by Victor Wallace, Seconded by David Schwartz to adjourn the meeting at 11:03 a.m.
  Vote: 9 - 0

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