LICENSE REVIEW: It's Time To Get Tough
The East Hampton Town Licensing Review Board, which has functioned without much ado for nine years, is becoming the court of first resort for a growing number of homeowners who claim to have fallen victim to unscrupulous contractors. As a result, Review Board members find themselves considering more than minor disputes and they have begun testing the limits of their authority.
The case of Nick Stanko, 40, a drive way contractor arrested last month and accused of bilking three elderly women of a combined $22,000, for example, had members, who expect to be able to revoke his town license, wondering last Thursday night about the maximum penalties they could mete out.
Seeking Punishment
Electricians, carpenters, plumbers, and other home improvement contractors doing business in East Hampton are required to have a town license. The board can revoke or suspend licenses, limit the scope of a contractor's work, or levy fines of up to $500, explained John Jilnicki, a deputy town attorney.
"You mean there's no section that permits capital punishment?" asked Kevin Murphy, a longtime member and former chairman, who seemed to be only half joking. Mr. Murphy and other board members said they thought Mr. Stanko and his company should get the harshest possible penalties.
Because the license was issued to Arrow Asphalt, the Riverhead-based company owned by Mr. Stanko's family, the board cannot take action against him as an individual, the attorney said.
The White Collar Crimes Bureau of the County District Attorney's office is investigating the possibility of bringing criminal charges against the corporation, said Drew Biondo, a spokesman for the D.A., James Catterson.
Prior Convictions
Mr. Stanko was charged with scheming to defraud, offering a false instrument, and two counts of grand larceny, all felonies, after complaints were made to police by Florence Jansson of Montauk, Rebekah Fuchs of Springs, and Lois Landauer of East Hampton. He was freed on $25,000 bail to await trial.
Mr. Stanko pleaded guilty in 1994 and '95 to grand larceny and possession of a forged instrument and both times was sentenced to five years probation, with a 90-day jail term added on his second conviction, said Mr. Biondo.
He added that, if convicted again, Mr. Stanko would be likely to face a prison sentence, and town officials said they hoped the court would also order him to make restitution to the victims.
On Application
The charge of offering a false instrument was the result of alleged misinformation on Arrow Asphalt's town license application. The grand larceny charges were for allegedly obtaining money from the elderly "by trickery and under false pretenses," according to court documents.
Mr. Stanko had been invited to tell his side of the story during the Licensing Review Board's hearing last Thursday, but he did not show up. His lawyer, Gerald Lotto of Bohemia, did not return The Star's telephone calls.
Roy Dalene, a builder who is the board chairman, said that while the charges against Mr. Stanko were by far the most serious, other recent complaints had forced the board to take tougher stands. Mr. Jilnicki added that members were talking about ways to "strengthen" the board's licensing standards.
Three To One
For many years, "our main concern was to see the problem corrected and the homeowner leave happy. To us, that was a better way of handling it," Mr. Dalene said this week, adding that recent events had raised "the frustration level" among board members.
"Now, we have to talk about stopping this kind of thing. We don't want this in our town," he said.
Known as the Home Improvement Licensing Review Board until this year, when the town added garbage carters to its jurisdiction and dropped the first two words of its name, the board consists of a retired New York City health inspector, an electrician, two builders, one of them semi-retired, and an architect.
Other Complaints
Mrs. Jansson's complaint against Mr. Stanko resulted in the third hearing the board has called so far this year. Such hearings, where the homeowner and the contractor air their dispute, is a legal prerequisite for censure. There were none last year. Last Thursday night, she called Mr. Stanko "Stinko," and "a thief and a liar."
So far this year, the board has brought one flooring contractor into Town Justice Court. Robert Stoppelli of Medford's American Renovation and Hardwood was fined $250 for working without a license.
A pool contractor, Robert McCall of B&L Pools, who admitted he did less than a complete job on a major reconstruction during the second of last Thursday's two hearings, will see his license restricted for six months to the installation of new pools. The members of the board said he had an excellent reputation for new pools but also had many complaints about repair jobs.
The board also has been monitoring completion of a building project by Robert Schmitter, after calling him to a hearing a couple of months ago, and heard a number of complaints about the work of DeDona Enterprises, on which a hearing is expected to be called before the end of the year.
Words Of Caution
The case of United Chimney Corporation, which allegedly charged a local woman to clean an oil burner and wood-stove chimney but did not do the work, also could go to a hearing soon, said Mr. Dalene.
Mr. Dalene cautioned homeowners that some contractors who solicit work by telephone or by going door-to-door are not trustworthy.
"The board is most concerned about the seniors. They're the prime targets and should always be on guard," he said.