April 19, 2006 minutes
|
MEMBERS PRESENT: |
|
Chairman Jim Carpenter, Co-Chairman Frank Lewis, and Doug Dillon |
|
|
|
|
|
MEMBERS ABSENT: |
|
Chuck Hoag and Kenny Breithaupt |
|
|
|
|
|
GUESTS PRESENT: |
|
Victor Torres, Neighborhood Resources Director; Toni Wheeler, Staff Attorney; Mike Capra, Vito’s Plumbing |
|
|
|
|
|
Ex-Offico: |
|
Mark Mills, Plumbing Inspector |
|
|
|
|
Call meeting to order.
Carpenter called the meeting to order at 6:30 p.m.
Introductions
The Board Members and guest introduced themselves.
Approval of the November 16 , 2005 minutes
Lewis made a motion to approve the minutes of October 19, 2005. Dillon second the motion, the motion passed 3-0.
Update on Licensing Ordinance.
Toni Wheeler, City Attorney informed the Board that she was there to review the contractor licensing ordinance, particularly the re-instatement of the plumbing contractors. Wheeler handed out copies of the draft ordinance.
Wheeler declared that she was there to update, review, and address concerns regarding the draft ordinance for the Board.
Wheeler began the review with section 5-1206 stating that the section displayed the addition of the trade contractors. Section 5-1207 increased the number of contractor licenses from four to five.
Wheeler went to section 5-1211.1 the qualifications of trade specialty contractor, mechanical, plumbing, and electrical. Wheeler explained that the section reflected the qualifications that were in the individual articles.
Wheeler moved onto section 5-1214 the examination. Wheeler stated that the examinations that the City will accept are examinations that are recognized by State law.
Wheeler pointed out the continuing education requirements in section 5-1218.
Mike Capra asked to address the continuing education. Capra asked if the City would be able to require eight hours a year, when the state requirement was twelve hours every two years.
Wheeler explained that the City can require more continuing education but not less than the State requirements.
Wheeler then moved onto section 5-1301 and 5-1302 stating that the sections addressed the establishment of the contractor licensing board and the qualifications of those who serve on it.
Wheeler mentioned that the electrical and mechanical boards expressed that the person appointed to the contractor licensing board be a member from their respective boards. Wheeler asked if the Board had any issue with making it a requirement for the Plumbing Board.
Dillon responded that the Board had discussed the issue at a previous meeting and was in favor of having a Board member being appointed to the contractor licensing board.
Carpenter agreed with Dillon’s statement.
Wheeler mentioned that upon completion of the review a motion might be appropriate to reflect the Boards interest.
Wheeler addressed section 5-1303 next, stating that the section listed the term length of the contractor licensing board members and section 5-1306 the quorum was changed to five.
Wheeler asked if there were any questions or comment and explained that the plan was to have the contractor licensing ordinance on the City Commission agenda sometime in early May and if the Commission approved the ordinance that staff would recommend that it become effective July 1, 2005.
Carpenter stated that the terms of the Board and the contractor licensing board were conflicting.
Wheeler responded that additional amendments would need to be done to resolve the inconsistencies and align the terms.
Carpenter asked if the surety bond would still be required with the approval of the ordinance.
Wheeler replied that the insurance requirements would replace the surety bonds.
The conversation turned to the contractor discipline in regards to licensing violations.
Capra stated that a contractor that has repeated offenses and subject to review by the contractor licensing board should endure something more than a suspension of their license like a $1000 fine for every offense.
Capra stated that the suspension of contractor’s license was something that could be circumvented. Capra explained that if suspended he could call another licensed plumbing company, have them acquire a license for him and he could work under that license by purchasing a master license.
Capra said that a number of people were counterfeiting City licenses and showed everyone his Johnson County license stating that the Johnson County license would be harder to duplicate.
Capra asked Wheeler how to get the $1000 fines added to the ordinance.
Wheeler responded that a proposal could go through the Plumbing Board.
Capra asked if it was possible to include the changes in the current draft or would it be easier to get the current draft adopted then add to it.
Wheeler responded that it would delay the adoption of the current draft by adding to it now, that the best option would be to adopt the current draft and make the desired changes later.
Dillon stated that once the licensing board is established that issue could be brought in front of that board.
Wheeler concluded by telling the Board that the City Commission appreciated the Board’s time and effort that was put into the contractor licensing ordinance as well as the general work that the Board performs. Wheeler thanked the Board.
Dillon then made a motion to require that the plumbing representative on the contractor licensing board be a member of the Plumbing Board. Lewis second the motion, the motion passed 3-0.
Update sewer stub project.
Victor Torres briefed the Board on the sewer stub issue. Torres stated that Public Works Engineers drafted a drawing and submitted it to Kansas Department of Health and Environment for approval. The Kansas Department of Health and Environment had questions; Public Works is in the process of making amendments to the drawings and sending them back.
Torres stated that with the approvals the concept would be taken to the development community to get everyone involved.
Carpenter asked how Public Works envisioned the stubs.
Torres replied that the recommendation that the Board made was taken and put on AutoCAD with minor adjustments being made.
New Business
Capra addressed the City’s license enforcement procedures, particularly companies that send non-licensed tradesmen out on jobs without proper supervision.
Capra asked if there was a need for more inspectors or what the City needed in order to have a license check of everyone on a job upon entering.
Torres addressed the additional staffing issue first stating that a request for additional staff was being made this year in the budget much like past years. Torres stated that if Board Members or Capra were interested in supporting the request that they needed to be at the budget meeting with the Commission or with communications with the Commissioners.
Torres added that the Home Builder Association demonstrated their support in past years for additional staff and if there were more support that would send a favorable message.
Torres then addressed the licensing issue, stating that the city staff regularly enforces the licensing provisions, pointing out that the week prior to the meeting staff had written three Notices to Appear.
Torres explained that it was not a procedure to delay everyone on a job to check licenses, if someone is unknown then a request for a license is made.
Torres stated that City inspectors had a responsibility when they see someone not licensed or someone they are not familiar with that can not produce a license to address the issue.
Dillon stated that during an inspection he had asked an inspector to check the license of a mechanical person that was in the basement of the project and the inspector did not.
Torres stated that if one the inspectors are not doing what they are supposed to be doing that he needed to know about it because that is his responsibility.
Torres continued, requesting the address, the name of the inspector, and date of the incident and stated he would take care of the issue. Torres stated that Dillon could give him the information at the meeting or contact him at his office the next day.
Torres reiterated that he needed to know if the inspectors were not doing their job, because he did not support that and he expected city staff to be ethical
Torres stated that he had conversations with Barry Walthall, Codes Enforcement Manager, about implementing a program that is more aggressive concerning licensing issues. Torres explained that an inspector may be assigned to visit job sites to investigate possible license issues.
Capra brought up a drain cleaning service that he claimed was doing plumbing work on nights and weekends. Capra stated that the company had bought a two pieces of excavating equipment and was doing sewer replacements.
Capra asked how the City enforced licensing on the weekend.
Torres responded that City offices are not open on the weekends and that staff would investigate any complaints the following week. Torres followed up stating that as these illegal activities are spotted to contact the Neighborhood Resources Department and staff will investigate.
Carpenter asked for Torres’ thoughts on levying of monetary fines as mentioned earlier.
Torres stated that limits could set in the City ordinance but a judge would ultimately set the amount of the fine.
Torres stated that one of the most important things that will occur is when a contractor is before the Contractor Licensing Board and the action that that board takes against that contractor.
Adjourn.
With no other business a motion was made by Lewis to adjourn the meeting, Dillon second the motion, the motion passed 3-0.
Carpenter adjourned the meeting at 7:40 p.m.