Approval of January 10, 2017 meeting minutes

Request from Ray Hardisky to add "Decorative Metal Contractor" as a Specialty Contractor.

Mr. Hardisky has requested that Decorative Metal Contractor be added to the forty-two (42) specialty contractor licenses recognized by the City, which would allow this designation to fabricate and install guards and handrails for both residential and commercial properties.  

Mr. Hardisky indicated that his metal products are fabricated to an engineer's specifications for pressure and wind load, and that although he is hired by general contractors, they usually ask him to do the installation. Mr. Hardisky reported that he is licensed to install in Martin County and has been doing so for 30 years.  It was noted that the City of Fort Pierce does not provide exam testing, however reciprocates licenses with jurisdictions that do provide testing. 

After much discussion, Mr. Waters moved to allow the specialty license to install if the product is created to an engineer's specifications, and if the installation is followed with an inspection.
Mr. Sudderth seconded.

Mr. Bruhn respectfully requested more discussion on the topic, and disagreed out of concern for public safety that this proposed specialty should be authorized to install guards and handrails.  He felt that the specialty should also hold a general contractor's license,  or work under the direct supervision of a general contractor.

Mr. Waters withdrew his motion.  There was general discussion of metal materials and how guards and handrails are built to an engineer's specifications, and how guards are addressed in the Florida Building Code but handrails are not. 

Contractor/Qualifier	Dba	Competency Card #	State License #
Terrence John Mager	Mager Construction, Inc.	1700018340	CBC059059

The hearing began with Mr. Feliciano addressing the Board and explaining the background and exhibits provided to the Board.  He indicated that he conducted business with Mr. Mager using texts and photos due to the fact that he lives in Coral Gables.  Mr. Feliciano  upon visiting the project after a complaint was filed, found that the work was incomplete or completed without permits.  He then put a stop on a payment of $2,800.00.  He stated that over a period of eleven (11) months, he had paid Mr. Mager $32,920.00 for repairs that were not or only partially completed. 

Mr. Mager addressed the Board and reported that he experienced one difficulty after another while working on the project, and that the project was over budget.  He indicated that he had almost $5,795.00 of his own money invested in the repairs. 

Staff noted that there was substantial work done without proper permits, and the valuations were not correct at time of permit.  There were seven (7) separate charges which the Board decided to vote on separately using a roll call for each charge.  The charges were as follows, numbered as listed on the City's Alleged Charges form:

(2)  Committing fraud or deceit in the practice of contracting;
(3)  Committing incompetency or misconduct in the practice of contracting;
(7)  Substantial departure from, or disregard, of  plans or specifications without consent of the owner or his duly authorized representative;
(8)  Knowingly or deliberately disregarding or violating any applicable building codes or laws of the state, county or city;
(9)  Willfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered;
(12)  Contracting with persons or firms not having a certificate of competency issued by the city for work or services to be performed within the city when said persons or firms are required by this chapter to possess such a certificate of competency in order to perform the contracted work or services;
(13)  Proceeding on any job without obtaining the applicable building department permits and inspections.

 Mr. Mager was found guilty on all but one charge, which was (9) Willfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered.