The Minutes of the July 23, 2009 Board Meeting have not been formally approved and are subject to change or modification by the Public Body at its regular meeting on September 24, 2009. A motion was made by Mark McManus and seconded by Ralph Wetzel to cancel the August 27, 2009, meeting. A vote was taken and the motion unanimously passed.

The notice of the July 23, 2009 meeting has been mailed to the Star Ledger, Camden Courier Post, and Trenton Times newspapers, and has also been posted on the Bulletin Board at the Office of the Secretary of State, Trenton, New Jersey.

The Board Meeting of July 23, 2009 was called to order at 9:00 am with the following Members in attendance:

Peter I. Voros, Chairman

Ralph Wetzel, Vice-Chairman

Michael K. Maloney

Mark McManus

Paul N. Bontempo

Michael L. Sestanovich, Secretary

Adam J. Sabath and Donald Dileo were absent

BOARD MEMBER - VACANCY - (1)

As of this Board meeting date, there is one (1) Board member vacancy for a Public Member. That position was formerly held by Board Member Margaret Sieb who resigned on December 15, 2005.

Others in attendance:

The following individuals were in attendance from 9:00 a.m. until the close of the meeting at 3:00 pm: Rosemarie Baccile, Executive Assistant and Joseph A. Donofrio, Counseling Deputy Attorney General (DAG)

PUBLIC SESSION VISITORS:

Gary Italiano, NJSLMP, Plumbing License Enforcement Committee LMP # 10225; Thomas F. Walsh, LMP # 7854, NJSLMP; Elizabeth Moritz, NJSLMP; Anthony F. Cacciotti, LMP # 11191, Pres., NJSLMP.

PLEDGE OF ALLEGIANCE to the FLAG

Chairman Peter Voros led the Board in the Pledge of Allegiance to the Flag and requested that Members join in a moment of silence in recognition of U.S. troops serving our Country.

APPROVAL OF THE MINUTES ~ MAY 28, 2008 & JUNE 25, 2009 MTGS

A motion was made by Ralph Wetzel and seconded by Michael Maloney to approve the minutes of both meetings. A vote was taken and the motion unanimously passed.

PRESENT BOARD MEMBERS - &- CAPACITIES
MAYOR PETER I. VOROS ~ MASTER PLUMBER MEMBER ~ CHAIRMAN

RALPH WETZEL ~MASTER PLUMBER MEMBER ~ VICE-CHAIRMAN

MICHAEL L. SESTANOVICH ~ INSPECTOR MEMBER - SECRETARY

MARK MC MANUS ~ JOURNEYMAN PLUMBER

MICHAEL K. MALONEY ~ MASTER PLUMBER MEMBER

DONALD B. DILEO ~ PUBLIC MEMBER

PAUL N. BONTEMPO - PUBLIC MEMBER

ADAM J. SABATH ~ STATE MEMBER

TOTAL BOARD COMPLEMENT (9):Vacancy /Public Member - formerly held by Mrs. Sieb

BOARD BUSINESS _________________________________________________________________

DISCIPLINARY MATTERS

1. BRAIN S. ECKHARDT, LMP # 12145
CONSENT ORDER - PAYMENT OF $1,000 PENALTY 6-17-2009

This matter was opened to the New Jersey State Board of Examiners of Master Plumbers upon receipt of a complaint from consumer (A.M.) alleging that Brian S. Eckhardt (Respondent) intentionally used a saw to cut apart a pipe which he had previously installed for this consumer’s washing machine. According to the consumer, they hired a general contractor (GC) to perform major renovations on their home, and the GC subcontracted the plumbing work to the Respondent. According to the consumer, Respondent intentionally sawed the pipe apart when the GC owed the plumber money for work completed by the licensee. Respondent indicated that he would only repair the damage when paid the money owed him.

Respondent stated in his response to the Board that the GC was late with payments and the licensee was never paid the full amount. Respondent received an emergency phone call from the consumer that the were was a water backup in the sewer line. The licensee initially refused to go to the home to address this problem because of unpaid invoices. Later, when the respondent went to the consumer’s home to address the problem, he found that someone else had installed the washing machine, became infuriated and began cutting the pipes that he installed. Respondent later acknowledged that his actions were inappropriate.

1. Respondent was reprimanded for his conduct in violation of N.J.S.A. 45: 1-21(e).

2. Respondent shall pay a civil penalty pursuant to N.J.S.A. 45; 1-22, for $1,000 for professional misconduct for intentionally sawing apart the consumer’s pipes in violation of N.J.S.A. 45:1-21(e).

3. Respondent shall cease and desist from the violations described herein, and subsequent violations will subject respondent to enhanced penalties pursuant to N.J.S.A. 45: 1-25 and further disciplinary action.

2. MARK TRIMBLE, LMP # 7513 ... reporting compliance with the
FINAL ORDER OF DISCIPLINE FILED 12-18-2008

Licensee Trimble demonstrates his compliance with said Order. Correspondence dated June 30, 2009 from Christine M. Gravelle, Attorney for Mark Trimble, was acknowledged by the Board. Recent restitution checks have been forwarded by Ms. Gravelle’s trust account to the three (3) respective consumers named in this action. Such payments are required within the terms of this filed order.

3. FRANKIE M. BOZZI, JR., (UNLICENSED), T/A BOZZI MECHANICAL
OFFICE OF CITIZENS SERVICES/ OFFICE OF THE ATTORNEY GENERAL

On July 23, 2009, the Board discussed Mr. Bozzi’s correspondence to the Governor. Members considered Mr. Bozzi’s experience in the plumbing trade, and concluded in a motion made by Ralph Wetzel and seconded by Michael Maloney to deny Mr. Bozzi’s request to test as a candidate for the Master Plumber’s examination since he is not qualified according to existing New Jersey Plumbing Statutes and Regulations, namely N.J.A.C. 13:32-2.2 Experience requirements. A vote was taken and the motion unanimously passed.

4. REGULATORY MATTERS - CHARLES MANNING

Charles Manning attended this meeting to discuss revisions to the registration form for licensees in compliance with Bona fide Representative, reporting responsibilities. The Board will continue to register bona fide representatives in accordance with N.J.A.C. 13:32-3.2 Bona fide representative; reporting responsibilities. However, licensed master plumbers who are employees of plumbing contractors, and are not bona fide representatives, will not be registered at the Board.

4A. ADVERTISING MATTERS

Offer(s)of Settlement with a $2,500 are being processed for unlicensed entities advertising plumbing services in violation of existing New Jersey Plumbing Statutes and Regulations. The payments of those fines will be reported in Open Session when public.

It is noted that applications for the Master Plumber’s examination, Master Plumber’s business registration forms, and Bona fide Representative registrations are reviewed by Board Members during the course of each business meeting.

Applications for Medical Gas Piping installers, brazers and instructors are also reviewed at this time.

EXECUTIVE CLOSED SESSION MOTION:

A motion was made by Mark McManus and seconded by Paul Bontempo to proceed into Executive Closed Session to review approximately five (5) complaint matters, unlicensed advertisements and unlicensed practice matters, three (3) investigative inquiries, disciplinary matters arising from the CE audit, consider administrative closings, investigations of possible violations of applicable law, pending or anticipated litigation, matters under investigation, the DAG caseload, and review matters within the attorney-client relationship exception to the Open Public Meetings Act. A vote was taken and the motion unanimously passed.

The subject of this discussion shall remain confidential until such time as the reasons for having this matter in Executive Closed Session are no longer applicable. The next regularly scheduled meeting is for September 24, 2009, at 9:00 a.m. in the Hudson Room.

Respectfully submitted,

_____________________________
Lawrence DeMarzo, Deputy Director
Division of Consumer Affairs