Board of Plumbing and HVACR Examiners

Meeting Minutes – January 8, 2008

Page 4

Cannon Building / STATE OF DELAWARE / Telephone: (302) 744-4500
861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware 19904-2467 / Website: www.dpr.delaware.gov
DIVISION OF PROFESSIONAL REGULATION

PUBLIC MEETING MINUTES: BOARD OF PLUMBING AND HVACR EXAMINERS

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

PLACE: 861 Silver Lake Boulevard, Dover, Delaware

Conference Room A, second floor of the Cannon Building

MINUTES APPROVED: February 12, 2008

MEMBERS PRESENT

Bruce Collins, Professional Member

Carol Guilbert, Public Member, Secretary

Frank Beebe, Professional Member

Joseph Downs, Professional Member

William Walker, Public Member

Marvin Sharp, Professional Member

Dean Sherman, Professional Member

MEMBERS ABSENT

Robert Briccotto, Jr., Professional Member, President

Shirley Good, Public Member

DIVISION STAFF/DEPUTY ATTORNEY GENERAL

James Collins, Division Director

Chris Spizzirri, Deputy Attorney General

Judy Letterman, Administrative Specialist III

OTHERS PRESENT

Rob Smith

CALL TO ORDER

Mr. Collins called the meeting to order at 8:48 a.m.

REVIEW OF MINUTES

A motion was made by Mr. Sharp, seconded by Mr. Downs to approve the November 13, and December 11, 2007 meeting minutes as presented. The motion was unanimously carried.

UNFINISHED BUSINESS

Proposed to Deny Hearings

Proposed to Deny Hearing – Reginald Davis

Mr. Spizzirri stated that the Board’s proposal to deny was based on failure to demonstrate five years of HVACR experience obtained in Delaware. Board members were introduced.

Mr. Davis was sworn in by the court reporter and gave testimony.

Verbatim testimony was recorded by the court reporter

The Board went into deliberations.

A motion was made by Mr. Downs, seconded by Mr. Walker to approve the Master Restricted-Heating exam application of Mr. Davis. The motion was unanimously carried.

Proposed to Deny Hearing – Michael Stewart

Mr. Spizzirri stated that the Board’s proposal to deny was based on failure to demonstrate five years of HVACR experience obtained in Delaware. Board members were introduced.

Mr. Stewart was sworn in by the court reporter and gave testimony

Verbatim testimony was recorded by the court reporter.

The Board went into deliberations.

A motion was made by Mr. Downs, seconded by Mr. Walker to approve the Master Restricted-Heating application of Michael Stewart contingent upon receipt of proof of 7 years of experience and completion of the by-pass examination. The motion was unanimously carried.

Re-Review of Denied Applications

Mr. Spizzirri informed the Board that the Grandfather statute has a provision which states that the Board can not deny an application for licensure if the applicant had been convicted of a crime that is on the Board’s list of crimes under rule 8.0.

A motion was made by Mr. Downs, seconded by Ms. Guilbert to approve the application of Isaac Carney, Keith Bauer and James Comegys. The motion was unanimously carried.

A motion was made by Mr. Downs, seconded by Ms. Guilbert to table the application of Michael Williamson pending two additional years of tax form W-2’s. The motion was unanimously carried.

A motion was made by Mr. Downs, seconded by Ms. Guilbert to deny the application of David Marini. The motion was unanimously carried.

Review of Applications

A motion was made by Ms. Guilbert, seconded by Mr. Downs, to approve the applications of

Joseph Minchini, David Gorman, Jerome Todd, Robert Pepe and Timothy West. The motion was unanimously carried.

A motion was made by Mr. Downs, seconded by Ms. Guilbert to approve the application of Luis Oriz, Charles Andrews, George O’Dell, Jack Donovan and Mathew Henderson. The motion was unanimously carried.

A motion was made by Mr. Downs, seconded by Ms. Guilbert to table the application of Michael Gibbs pending receipt of additional work experience. The motion was unanimously carried.

Complaints to Close

The contact persons agreed with the Investigative Unit to close complaints, 34-02-07, 34-03-07, 34-04-07and 34-05-07.

Request for Propose to Deny Hearing

Hearings will be scheduled on February 12, 2008 for Anthony Taylor and Robert Sellers and on March 11, 2008 for William DenHerder, Robert Dear, Jeff Slemons, and Mark Flynn.

Propose to Deny Applications

A motion was made by Mr. Sherman seconded by Mr. Sharp, to deny the applications of Robert Benson, John Burst, Keenan Brady, David Bristow, Cosmo Ciccolella, Robert Davis, Neil Elmore Darryl, Evans, Renato Gustilo, Dwayne Hickman, Jason Johnson, Lee Matthews, Christopher McKinley, Earnest Scholz and Frank Vandegrift, Jr. given that they have not submitted the documentation as requested by the Board. The motion was unanimously carried.

Final Denial of Applications

A motion was made by Mr. Downs, seconded by Mr. Walker to deny the applications of Joseph Ellingsworth, James Haselman, Daniel Kinn, Gerald Lynch, John Napalis, Chad Topper, Robert Towers, Richard Venables, Sr., Timothy Wisk,Gabriel Fisher, and Byron Wright. The motion was unanimously carried.

NEW BUSINESS

Review of Reciprocity Applications

A motion was made by Mr. Downs, seconded by Mr. Walker, to approve the application of Charles Klein, Gregory Doyle, Michael Burton, Martin Pepper and Louis Mank and to table the application of Bryan Mayes pending receipt of his CFC certification. The motion was unanimously carried.

A motion was made by Mr. Sherman seconded by Mr. Downs to approve the applications of James Todd, III, Charles DeRitis and Martin Freeman. The motion was unanimously carried.

Review of Examination Applications

A motion was made by Mr. Downs seconded by Mr. Walker to table the HVACR and Plumbing applications of Robert Wagner and the Plumbing application of David Condon pending proof of completion of a federally approved apprenticeship program. The motion was unanimously carried.

A motion was made by Mr. Downs seconded by Mr. Walker to propose to deny the application of Juergen Trager due to his criminal record which shows crimes that are on the Board’s list under Rule 8.0. The motion was unanimously carried.

Review of Grandfathered Applications

A motion was made by Mr. Downs seconded by Mr. Walker to approve the applications of Ernest Morgan, Steven Buchmoyer, Kenneth Rife, and Charles Stephan. The motion was unanimously carried.

Review and Discussion of Examinations-Prometric

Jeff Barber from Prometric Testing Service informed the Board that the testing service currently has an HVACR examination in place that may meet the Board’s exam requirements. Mr. Barber presented the testing information for Board review. The Board went into Executive Session to review the material. After some discussion the Board agrees to use the exam present by Prometic.

Complaints to Assign

Complaint 34-06-07 has been assigned to Mr. Downs and 34-07-07 has been assigned to Mr. Walker.

OTHER BUSINESS BEFORE THE BOARD (for discussion only)

There was no other business before the board.

PUBLIC COMMENT

No public comment.

NEXT SCHEDULED MEETING

The next meeting will be held on Tuesday, February 12, 2008 at 8:30 a.m. in Conference Room A, second floor of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware.

ADJOURNMENT

A motion was made by Mr. Downs, seconded by Mr. Walker to adjourn. The motion was unanimously carried. The meeting adjourned at 11:35 a.m.

Respectfully submitted,

Judy Letterman

Administrative Specialist III