Board of Plumbing & HVACR Examiners

May 13, 2008 Meeting Minutes

Page 1

CannonBuilding / STATEOFDELAWARE / Telephone: (302) 744-4500
861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware19904-2467 / Website:
DIVISION OF PROFESSIONAL REGULATION

PUBLIC MEETING MINUTES:BOARD OF PLUMBING AND HVACR EXAMINERS

MEETING DATE AND TIME:Tuesday, May 13, 2008 at 8:30a.m.

PLACE:861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon

MINUTES APPROVED:June 10, 2008

MEMBERS PRESENT

Robert Briccotto, Jr., Professional Member, President

Bruce Collins, Professional Member

Carol Guilbert, Public Member, Secretary

Frank Beebe, Professional Member

William Walker, Public Member

Marvin Sharp, Professional Member

MEMBERS ABSENT

Dean Sherman, Professional Member

Shirley Good, Public Member

Joseph Downs, Professional Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

Chris Spizzirri, Deputy Attorney General

Judy Letterman, Administrative Specialist III

Julia LaBadia, Court Reporter

OTHERS PRESENT

Charles Robinson

Dale Derrickson, Dept of Education

Cosmo Ciccolella

Jeff Slemans

CALL TO ORDER

Mr.Briccotto called the meeting to order at 8:45 a.m.

REVIEW OF MINUTES

A motion was made by Ms. Guilbert, seconded by Mr.Collins to approve the April 8, 2008meeting minutes as amended. The motion was unanimously carried

UNFINISHED BUSINESS

Proposed to Deny Hearings

Mr. Spizzirri stated the reason for the hearing was to propose to deny Mr. Slemans’ GrandfatheredHVACR application due to lack of proof that he has had 5 years of experience in Delaware.

Board members were introduced and Mr. Slemans was sworn in.

Mr. Slemans presented his journeyman’s cardand stated that he was working for aMaryland company that performs work in Delaware, employs aDelawaremaster licensee and he feels that this meets the experience requirement.

Mr. Good stated that the application requires 5 years of fulltime experience workingfor a Delaware company and the proof of experience can be submitted by tax form W-2’s or tax Schedule C’s.

Mr. Spizzirri stated that the Grandfathered application process and enforcement had been extended until March 2009 and asked Mr. Slemans if he would like to withdraw his application and resubmit a new Grandfathered application,which available until March 20, 2009, when he has the additional information.

Mr. Slemans agreed to withdraw his application.

A motion was made by Mr. Collins, seconded by Ms. Guilbert to accept Mr. Slemans request to withdrawal his application. The motion was unanimously carried.

The hearing closed at 9:25 a.m.

Verbatim testimony was taken by the court reporter

Cosmo Ciccolella

Mr. Spizzirri stated the reason for the hearing was to propose to deny Mr. Ciccolella GrandfatheredHVACR application due to lack of proof that he has had 5 years of experience in Delaware.

Board members were introduced and Mr. Ciccolella was sworn in.

Mr. Ciccolella informed the Board that he worked for other Delaware employersin addition those included with his application but did not bring any other information to verify his work experience.

The Board asked if he wanted to withdraw and submit a new application since enforcement had been extended until March 2009.

Mr. Ciccolella stated he would like to withdraw his application.

A motion was made by Ms. Guilbert, seconded by Mr. Walker to accept Mr. Ciccolella’s request to withdrawal his application. The motion was unanimously carried.

The hearing closed at 9:45 a.m.

Verbatim testimony was taken by the court reporter.

Re-Review of Applications

A motion was made by Mr.Collins, seconded by Ms. Guilbert to deny theRestricted HVACRapplication of Robert Davis due to lack of tax form W-2’s or employer affidavit.The motion was unanimously carried.

A motion was made by Ms. Guilbert seconded by Mr. Walker to table the Master Plumber application of Robert Grabowski pending information on licensed plumber employed by Perfect Plumbing Partners Inc. The motion was unanimously carried.

A motion was made by Mr. Beebe, seconded by Ms. Guilbertto deny the application of David Niday due to an incomplete application. The motion was unanimously carried.

A motion was made by Ms. Guilbert, seconded by Mr. Sharp to approve the Master Plumber and Master HVACR applications of DavidMcCloskey. The motion was unanimously carried.

Propose to Deny Application

A motion was made by Mr. Beebe, seconded by Mr. Collins to propose to deny due to the lack of information as requested by the Board, the applications of William Bedsworth, Daniel Rappa, Jr, Alfred Poore, Harvey Archer, Michael Gibbs, David Condon, Robert Wagner, and Robert Wagner. The motion was unanimously carried.

Discussion of Fire Prevention Regulation

This agenda item will be added to the Strategic Plan Committee’s agenda for discussion at the June meeting.

Final Denial of Applications

A motion was made by Mr. Collins, seconded by Mr. Walker to deny, since a hearing was not request after notification that the Board was proposing to deny their application, the application of John Boarst, Frank Vandergrift, Jr., Christopher McKinley, Lee Mathews, Darryl Evans, Jason Johnson, Dwayne Hickman, Neil Elmore, David Bristow, Keean Brady, Richard Zellhart, George Wolhafe and Henry Brinnisholtz. The motion was unanimously carried.

Complaints to Close

Mr. Briccotto agreed with the investigative unit to close complaints 34-04-07 and

34-05-07.

NEW BUSINESS

Review of Reciprocity Applications

A motion was made by Mr. Beebe, seconded by Mr. Sharp, to approve the Master Plumberapplications of Richard Reustle, Vernon Myers, Jr., Steven Schramm, Joseph Rossi, Philip Del Negro, Brian Taylor, Henry Brinnisholtz John Palladino and Shaw Brittingham. The motion was unanimously carried.

A motion was made by Mr. Collins seconded by Mr. Walker to tablethe RestrictedHVACR applications of Stephen Hall since the State of Michigan licensure is not substantially similar and he will need to submit verification of 7 years of experience after licensure. The motion was unanimously carried.

A motion was made by Ms. Guilbert, seconded by Mr. Walker to deny the Master
Plumber reciprocity application of Tim De Pretorobut approve the application for examination. The motion was unanimously carried.

A motion was made by Mr. Collins, seconded by Ms. Guilbert to approve the applications of Richard Brook, James Valentine, Sr, James Whitby, Timothy Nengel, Robert Willin, and James Chandler. The motion was unanimously carried.

A motion was made by Mr. Collins, seconded byMs.Guilbert to table the application of Jeffrey Rodriquez pending additional information on his Maryland license. The motion was unanimously carried.

A motion was made by Ms. Guilbert seconded by Mr. Walker to approve the application of James Brown. The motion was unanimously carried.

Review of Grandfathered Applications

A motion was made byMs. Guilbert,seconded by Mr. Beebe,to approve the applications of Francis Calhoon, Jr. and Edward Durynski. The motion was unanimously carried.

A motion was made by Mr. Collins, seconded by Mr. Beebe to amend the agenda and add and approve John Bell’s application. The motion was unanimously carried.

Discussion of HVACR By-Pass Examination-Executive Session

Mr. Dale Derrickson, Department of Education, presented the Board for review during Executive Session, a copy of their HVACR by-pass examination.

A motion was made by Mr. Collins, seconded by Ms. Guilbert to approve the HVACR by- pass examination. The motion was unanimously carried.

Review of Examinations.

A motion was made by Mr. Collins, seconded by Ms. Guilbert to approve the MasterPlumberexamination application of Richard Barrett, Joseph Seely, Bryce Bryan and Thomas Price III. The motion was unanimously carried.

A motion was made by Ms. Guilbert, seconded by Mr. Collins to table the Master HVACR examination applications of Dominic DiDonna pending proof of additional work experience and information on the supervising license holder. The motion was unanimously carried.

Elections

A motion was made by Mr. Collins,seconded by Mr. Beebe to elect Mr. Briccotto as board President. The motion was unanimously carried.

A motion was made by Mr. Briccotto seconded by Mr. Sharp to elect Mr. Collins as Vice President. The motion was unanimously carried.

A motion was made by Mr. Sharp, seconded by Mr. Beebe to elect Ms. Guilbert as Secretary. The motion was unanimously carried.

OTHER BUSINESS BEFORE THE BOARD (for discussion only)

A motion was made by Mr. Collins, seconded by Mr. Beebe, to amend the agenda to add and approve the Grandfathered HVACR application of John Bell. The motion was unanimously carried.

Mr. Spizzirri presented the Board for review the proposed draft changing section 1.0 of the rules and regulations.

A motion was made by Mr. Collins, seconded by Mr. Briccotto to accept the draft as written. The motion was unanimously carried.

The Board members present signed the Decision and Order for William Denherder.

PUBLIC COMMENT

There was no public comment.

NEXT SCHEDULED MEETING

The next meeting will be held on Tuesday, June 10, 2008 at 8:30 a.m. in Conference Room A, second floor of the CannonBuilding, 861 Silver Lake Boulevard, Dover, Delaware.

ADJOURNMENT

A motion was made byMr. Walker seconded by Mr. Beebeto adjourn. The motion was unanimously carried. The meeting adjourned at 10:45 a.m.

Respectfully submitted,

Judy Letterman

Administrative Specialist III