The Committee Minutes of February 4, 2009, have not been formally approved and are subject to change or modification by the Public Body at its next meeting of March 4, 2009, or soon thereafter as it may be considered. All requirements of the "Open Public Meetings Act" have been complied with according to N.J.S.A. 10:4-6.

The notice of the meeting has been mailed to the Newark Star Ledger, Camden Courier Post, and the Trenton Times, and also notice has been posted on the Bulletin Board at the office of the Secretary of State, Trenton, New Jersey.

Meeting of February 4, 2009, was called to order at 9:00 A.M.
The following members were present:

Mr. James H. Flaherty, Acting Chairman
Mr. Constantinos Papademas
Mr. Mitchell R. Malec

Mr. Joseph P. Schooley, Chairman; Mr. Joseph F. Cantalupo and Mr. Richard T. Aicher, Jr. were absent.

Marian Fiore, Sr. Management Assistant, was present from 9:00 A.M. until the close of the meeting.

Kathleen Moran, Administrative Assistant, III, was present from 9:00 A.M. until the close of the meeting.

Ginger R. Provost, Deputy Attorney General, Division of Law, was present from 9:00 A.M. until the close of the meeting.

Also in attendance were James Bibbo and Robert Jules, Central Jersey Electrical League.

The Committee saluted the Flag.

Note: A quorum was not present. All actions are to be ratified at the Board’s next meeting to be held on March 4, 2009, or soon thereafter.

The Committee unanimously recommended to approve (18) Initial Licenses effective February 4, 2009 to March 31, 2012

The Committee unanimously recommended to approve (15) Initial Business Permits effective February 4, 2009 to March 31, 2012. The Committee recommended that a letter be sent to #5 reminding him to include his license and business permit number on all correspondence pursuant to N.J.A.C. 13:31-1.5.

The Committee unanimously recommended to approve (1) Initial Business Permit Previously Expired effective February 4, 2009 to March 31, 2012.

The Committee unanimously recommended to approve (3) Changes in Business Permits effective February 4, 2009 to March 31, 2012.

Check in the amount of $25.00 received from Frank D’Arpa, License #8778, as the forty-first installment of a civil penalty in the amount of $2,500.00 for violation of N.J.S.A. 45:5A-9 and N.J.S.A. 56:8-1 et seq. Payments started September 25, 2002 and the balance due is $1,475.00.

The Committee unanimously recommended to accept the payment.

Personal Money Order received from William Mitchell, Unlicensed, as the first and final payment of a civil penalty in the amount of $250.00 for violation of N.J.S.A. 45:5A-9 and N.J.S.A. 56:8-1 et seq. Mr. Mitchell also signed an agreement to cease and desist from engaging in the business of electrical contracting until such time as he becomes licensed to do so.

The Committee unanimously recommended to accept the payment.

Letter dated December 29, 2008, received from Won Kim requesting fifteen hours of credit towards the renewal of his License #6044 pursuant to N.J.A.C. 13:31-1.7. Mr. Kim stated that he has taught 34 hours of continuing education courses including the nine hours of code changes and the one hour of laws, rules and regulations.

The Committee unanimously recommended that Mr. Kim be granted 15 credits towards his 2009 to 2012 triennial license renewal.

Letter dated January 20, 2009, received from Benedict Shedlock requesting fifteen hours of credit towards the renewal of his License #935 pursuant to N.J.A.C. 13:31-1.7. Mr. Shedlock has provided copies of attendance certification sheets reflecting that he has taught 30 hours of continuing education courses which includes the nine hours of code changes and the one hour of laws, rules and regulations.

The Committee unanimously recommended that Mr. Shedlock be granted 15 credits towards his 2009 to 2012 triennial license renewal.

Letter dated January 25, 2009, received from Lawrence S. Cross, III, requesting 15 hours of credit towards the renewal of his License #9908 pursuant to N.J.A.C. 13:31-1.7. Mr. Cross has provided copies of attendance certification sheets reflecting that he has taught 38 hours of continuing education courses which includes the nine hours of code changes and the one hour of laws, rules and regulations.

The Committee unanimously recommended that Mr. Cross be granted 15 credits toward his 2009 to 2012 triennial license renewal.

Letter received January 21, 2009, from Harry B. Smith, License #2507, t/a Sentry Electric Co., Inc., requesting a waiver of the Continuing Education Courses pursuant to N.J.A.C. 13:31-1.7(g).

The Committee unanimously recommended that upon receipt of a doctor’s note Mr. Smith be granted an additional six months to complete the remaining 8 hours of continuing education.

Letter dated August 11, 2008, received from William Capodanno, License #2199, t/a Capodanno Electric, requesting a waiver of the Continuing Education Courses for the 2009 to 2012 renewal period pursuant to N.J.A.C. 13:31-1.7.

The Board directed that Mr. Capodanno’s request be held in abeyance to ascertain whether or not he has an active business; and if so, does he supervise the work performed. If Mr. Capodanno does not supervise the work performed, he was to provide the Board with the name of the qualified journeyman supervising the work performed. The Board also wanted to know the number of employees of Capodanno Electric.

In response to the Board’s request, a letter dated December 29, 2008, was received from Mr. Capodanno stating that he is still unable to resume work; although he is in contact with his office on a daily basis.

Mr. Capodanno also stated that the company has two licensed electrical contractors in its employ, both with over forty years of experience. Mr. Capodanno further stated that Capodanno Electric has nineteen full time employees.

The Committee unanimously recommended that Mr. Capodanno’s request be denied as additional information is needed to substantiate his request. The Committee recommended that Mr. Capodanno and the two licensees who are in his employ appear before it concerning supervision and how he operates his business.

Letter dated January 29, 2009, received from Dory Izzo, on behalf of his father, William Izzo, License #4665, requesting an extension to complete his Continuing Education Courses for the 2009 to 2012 renewal period. Mr. Izzo stated that his father has been hospitalized since December 6, 2008.

The Committee unanimously recommended that Mr. Izzo be granted an additional six months to complete his continuing education courses. The Committee also requested that Mr. Izzo be advised that an employee cannot sign and seal an Electrical Subcode Electrical Technical Application unless he requests a six-month extension pursuant to N.J.A.C. 13:31-3.3 (d 1).

E-Mail dated February 4, 2009, received from Paul Horan, License #11102, requesting an extension to complete his Continuing Education courses for the 2009 to 2012 renewal period. Mr. Horan stated that he is currently serving in Iraq on his second tour of duty and will not return to the United States until July 2009.

The Committee unanimously recommended that upon his return Mr. Horan be granted an additional six months to complete his continuing education courses.

Mr. Joseph P. Schooley, Chairman and Mr. Richard T. Aicher, Jr. attended the meeting via telephone for the following three matters:

The sub-committee reviewed a Continuing Education Course/Seminar Approval application received from Kennie M. Fried, Warshauer Electric, requesting the approval of Thomas Degnan to teach a previously approved course. Ms. Fried stated that the instructor initially approved to teach this course is unable to do so.

Motion made by Mr. Mitchell R. Malec and seconded by Mr. Constantinos Papademas, and unanimously passed, to approve Mr. Degnan to teach a previously approved course.

Letter dated February 3, 2009, received from Ann A. Beggs, Beggs Electric, requesting a six-month continuance of business under Permit #1789 according to N.J.S.A. 45:5A-14. The licensee, George R. Beggs, died on June 9, 2008.

Motion made by Mr. Mitchell R. Malec and seconded by Mr. Constantinos Papademas, and unanimously passed, that a letter be sent to Mrs. Beggs advising her that pursuant to N.J.S.A. 45:5A-14 the firm of Beggs Electric has been granted a six-month continuance of business under permit #1789. As Mr. Beggs died on June 9, 2008, this six-month extension will be considered a "second" extension.

Additionally, Mrs. Beggs will be requested to provide the Board with a list of outstanding projects and the name of the individual who has been signing and sealing permits and supervising the work being performed.

Mr. Aicher advised the Board, via a telephone conversation, that Technical Educational Services are advising licensees that a license and business permit is not needed to install solar panels.

Mr. Flaherty stated that the Board had previously clarified that the installation of solar panels must be performed by a licensed electrical contractor with an active business permit.

Motion made by Mr. Mitchell R. Malec and seconded by Mr. Constantinos Papademas, and unanimously passed, that a letter be sent to Technical Educational Services directing that they notify each attendee that inaccurate information was provided to them concerning the installation of solar panels. The Board requests that Technical Educational Services advise each attendee that it is the opinion of the Board of Examiners of Electrical Contractors that Solar Photovoltaic Array Modular Panels are clearly electrical equipment that emits a voltage of more than ten volts; therefore, the installation of these panels would not be considered exempt work and must be installed by a licensed electrical contractor who holds a business permit.

Letter dated December 20, 2008, received from Kenneth W. Krug, Electrical Subcode Official, requesting the Board’s opinion as to whether an electrical subcode official can approve work performed by a licensed electrical contractor, or a non licensed individual, without permits, for work performed on a one or two family rental property.

The Committee unanimously recommended that a letter be sent to Mr. Krug advising him that pursuant to N.J.S.A. (n) work performed by a person on a dwelling that is occupied solely as a residence for himself or for a member or members of his immediate family is considered exempt from licensure and does not require the securing of a business permit. Regulations concerning inspections are under the jurisdiction of the Department of Community Affairs, Division of Codes and Standards.

The Committee reviewed applications for the written examination to be administered by Thomson Prometric. Sixty-two (62) applications were approved.

Letter received January 21, 2009, from Robert Vaccarella, Applicant, concerning the electrical contractor’s examination he took in 2008 and again in 2009. Mr. Vaccarella stated that his ADA accommodations were not met; proctors displayed disruptive behavior such as answering their cell phone, they were fidgety and tried to carry on a conversation with Mr. Vaccarella. Mr. Vaccarella also stated that he received a failing score of 69% and believes he received this score because of the conditions of the examination.

Mr. Vaccarella further stated that in 2008, he was approved for the ADA accommodations; however, when he arrived at the testing site he was advised by the proctor that there was no indication that ADA provisions had been set up.

The Committee unanimously recommended that Mr. Flaherty contact Andy Parker, Thomson Prometric, asking him what procedures are followed to accommodate an applicant requesting ADA accommodations.

The Committee unanimously recommended that it go into Executive Closed Session to consider and to review consumer complaints, investigative reports and other information received pursuant to the Board’s investigative authority in order to determine whether violations of the law, including Board regulations have occurred. The results of the deliberations will be made known when and if the Committee determines to initiate disciplinary action or other law enforcement action.

Meeting adjourned at 3:15 P.M.

An Appointment Meeting is scheduled for Wednesday, March 4, 2009, at 9:00 A.M. A Business Meeting is scheduled for Wednesday, March 11, 2009, at 9:00 A.M.

Respectfully submitted,

James H. Flaherty
Acting Chairman

INITIAL LICENSEES APPROVED BY THE BOARD FEBRUARY 4, 2009 EFFECTIVE FEBRUARY 4, 2009 TO MARCH 31, 2012

1. James Calderone - 1785 Giamelli Avenue - Merrick, NY 11566

2. Oscar Lopez - 1014 Boudinot Place - Elizabeth, NJ 07201

3. Douglas A McIntyre - 26 Fredon Road - Newton, NJ 07860

4. Matthew R Mokracek - 302 Easy Street - Howell, NJ 07731

5. Rodney Ragen - 165A Eads Street - W. Babylon, NY 11704

6. Robert C Rueger - 39 Sherwood Road - Kenilworth, NJ 07033

7. Daniel F Stroup - 21 Stoll Street - Netcong, NJ 07857

8. Frank Montgomery, Jr. - 1108 Chester Avenue, Yeadon, PA 19050

10. Andre Drayton - 1519 Elaine Terrace N. Union, New Jersey 07083

11. Frank A Gianotto III - 162 Oak Lane - Hightstown, NJ 08520

12. Orkun Gumusayak - 389 Route 79 Bldg. 5, - Morganville, NJ 07751

13. Rocco A Dimichino - 68 Ketner Street - Bloomfield, NJ 07003

14. Melvin A Batista - 14 Oneida Avenue - Landing, NJ 07850

15. Michael J Rys - 50 Rolling Knolls Drive - Middletown, NJ 07748

16. Douglas J Tordik - 388 Mine Road - Asbury, NJ 08802

17. Michael Devine - 4002 Evergreen Drive - Bethlehem, PA 18020

18. Leonard Shapiro - 1147 2nd Street Pike - Rich Boro , PA 18954

INITIAL BUSINESS PERMIT APPROVED BY THE BOARD FEBRUARY 4, 2009 EFFECTIVE FEBRUARY 4, 2009 TO MARCH 31, 2012

1. Calco Electric Corp - (James Calderone) - (Corporation) - 1551 Stevens Avenue - Merrick, NY 11566

2. FVK Electric LLC - (Oscar Lopez) - (Limited Liability Company) - 1014 Boudinot Place - Elizabeth, NJ 07201

3. Brighten Automation LLC - (Matthew R. Mokraick) - (Limited Liability Company) - 302 Easy Street - Howell, NJ 07731

4. Double R Electrical Contracting Inc - (Rodney Ragen) - (Corporation) - 165A Eads Street - w. Babylon, NY 11704

5. Superior Wirework LLC - (Daniel F Stroup) - (Limited Liability Company) - 21 Stroll Street - Netcong, NJ 07857

6. FMJ Electrical Contracting Inc. (Frank Montgomery, Jr.) - (Corporation)- 1108 Chester Avenue - Yeadon, PA 19050

7. Synergy Electric, Inc - (Michael Messina) - (Corporation) - 7 Kurt Drive - Flanders, NJ 07836

8. Million Electric LLC - (Roger J Million, Jr.) - 91 Chelsea Court - Franklin Park, NJ 08823 - License #16070

9. G M White Electrical Contractor Inc (Warren M Vizzard) - (Corportion) - 2554 North Delsea Drive- Vineland, NJ 08360 #13077

10. Tiffany Electric Inc - (Brian Des Rosiers) - (Corporation) - 3 Edison Place - Fairfield, NJ 07004 - License #14958

11. Gianotto Electrical Contracting LLC - (Frank A. Gianotte, III) - (Limited Liability Company) - 162 Oak Lane - Hightstown, NJ 08520

12 Silver Con Electrical Contracting LLC - (Orkun Gumusayak) - (Limited liability Company) - 389 Rt 79 Bldg. 5 - Morganville, NJ 07751

13. Blue Star Electric LLC - (Douglas Tordik) - (Limited Liability Company) - 388 Mine Road - Asbury, NJ 08802

14. Michael S Devine - t/a Code Electrical Contractor - (Individual) - 4002 Evergreen Drive - Bethlehem, PA 18020

15. America’s Best Mechanical Contracting Services LLC - (Leonard Shapiro) - (Limited Liability Company) - 1814 Mearns Road - Warminster, PA 18974

INITIAL BUSINESS PERMITS PREVIOUSLY EXPIRED
APPROVED BY THE BOARD FEBRUARY 4, 2009
EFFECTIVE FEBRUARY 4, 2009 TO MARCH 31 2012

1. Energy Saving & Electrical Corp. - (Jinfar Liu) - (Corporation) - 3 Trinity Place - East Hanover, NJ 07936 - License #14927A

CHANGES IN BUSINESS PERMITS APPROVED BY THE BOARD FEBRUARY 4, 2009 EFFECTIVE FEBRUARY 4, 2009 TO MARCH 31, 2012

1. Matrix Service Industrial Contractors Inc - (Stephen J Barnacz) - (Corporation) - 1500 Chester Pike Eddystone, PA 19022 - License #15575A

2. Miller Electrical Services LLC - ( Gary E Miller) - (Limited Liability Company) - Laux Lakeview Park. G27 - Ferrell, NJ 08062 - License #15593B