Loading...
HomeMy WebLinkAbout06-26-2018 CB Minutes1 E 3 3 CITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING JUNE 26, 2018 Call to Order -- Chairwoman Carbano called the meeting to order at 6:00 p.m. Pledge of Alleqiance -- was recited by all. Roll Call: Present Mr. Hosey Ms. Carbano Mr. Manero Mr. Fortier Mr. Crockett Ms. Parris -- Late arrival Also Present Mr. Wayne Eseltine, Building Official Mr. James Stokes, City Attorney Ms. Janet Graham, Technical Writer Approval of Minutes AIRMAN Board �',<J Approved V Approved Subject To Ms. Carbano called for additions, deletions or corrections to the Minutes. A motion to approve the May 15, 2018 Minutes as presented was made by Mr. Fortier, seconded by Mr. Crockett. ROLL CALL Ms. Carbano -- Yes Mr. Hosey -- Yes Mr. Manero -- Yes Mr. Crockett -- Yes Mr. Fortier -- Yes Total vote was 4-0 in favor. Motion carries. 5. Announcements -- None SEBASTIAN CONSTRUCTION BOARD PAGE 2 Minutes of Regular Meeting of June 26, 2018 6. New Business A. Disciplinary Hearing i. In the Matter of Mr. David Smith DBA Woodsmith Services, LLC Alleged Violation of the Following Sections of the Sebastian City Code of Ordinances that occurred at 650 Carnival Terrace in Sebastian Mr. Eseltine stated the case before the Board is in the matter of Mr. David Smith doing business as Woodsmith Services. This is a disciplinary hearing. Mr. Smith is a registered residential contractor. His license number is RR282811859. The alleged violations occurred at 650 Carnival Terrace in Sebastian. The causes for disciplinary action brought before the Board are under Section 26-172, the following subsections: (5) Diversion of funds or property received for the completion of a specified construction project or operation, or as a result of the diversion the contractor is or will be unable to fulfill the terms of his obligation or contract. (10) Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is to be considered abandoned if the contractor terminates such project without notification to the prospective owner or current owner for at least 30 days without just cause, such as acts of God, causing construction delay. Mr. Eseltine described the history of the case. The Building Department received a Contractor Complaint Affidavit filled out by Ms. Paulean Smith, 650 Carnival Terrace, in November 2017. Mr. Eseltine looked at the case and determined that this was something that should go before the Police Department for investigation into fraud or theft or both. Sebastian Police followed up. The Building Department heard from Ms. Smith several times throughout the process, and she did file a complaint with the State. Mr. Smith was convicted after a court case, but Sebastian received a letter from the Department of Business Professional Regulations stating that, because he is a registered contractor and not state certified, they did not have jurisdiction to discipline him. They thus deferred that to the City of Sebastian because it happened here in Sebastian. Sebastian did not sponsor him for his initial SEBASTIAN CONSTRUCTION BOARD PAGE 3 Minutes of Regular Meeting of June 26, 2018 licensing; that was done through St. Lucie County. However, through letters of reciprocity he was licensed by Sebastian in 2013 since he had met all of the Code requirements here. So this hearing is for the Board to decide on disciplinary action as the Board sees fit. As additional background, Mr. Eseltine stated there was an initial contract with Ms. Smith to do an addition to her home for a total contract sum of $56,500.00, of which Ms. Smith paid $25,000.00 up front. Mr. Smith never performed any work, and there were never any permits applied for or issued. Ms. Carbano asked if anyone from the Board had any questions. Mr. Fortier asked for Mr. Eseltine's recommendation. Mr. Eseltine stated it is up to the Board to weigh the facts and decide what needs to be done. He stated besides fines, there are choices of revocation, suspension, probation, etc. Mr. Fortier described this as an egregious, nefarious case, and he inquired as to what is the maximum action that can be taken. Mr. Eseltine stated revocation would be the maximum penalty. Mr. Fortier then moved that this is what the Board should do. Mr. Hosey asked about what can be done by the Board to help Ms. Smith. Mr. Eseltine replied that this hearing is the beginning of action that can be taken, and Ms. Smith's attorney is present at this hearing and can speak to the matter. He stated there is a recovery fund at the state level, and in order for the State to begin that recovery process, they have to have a case with disciplinary action, and since it is not under the purview of the State, they deferred it to us. So this is an important step that we get the case on file, and everything that happens here will be forwarded to the State for them to take action. Mr. Fortier inquired if there is anyone at this meeting representing either the contractor or the owner. Mr. Eseltine stated the owner's attorney is here. Mr. Crockett inquired if there is anyone here representing the contractor, and Mr. Eseltine stated no, but the City did send certified letters. They were not able to be delivered. Mr. Eseltine himself hand -delivered a letter to the residence where Mr. Smith was staying. Someone at the residence confirmed that Mr. Smith was staying there. Mr. Eseltine inquired if this individual would give the letter to Mr. Smith and he said that he would, but he would not sign for the letter. Mr. Crockett stated his understanding is that Mr. Smith was arrested for second-degree grand theft and third-degree grand theft and incarcerated regarding this on March 29, SEBASTIAN CONSTRUCTION BOARD PAGE 4 Minutes of Regular Meeting of June 26, 2018 2018, and the hearing was on May 24`h. He asked if Mr. Eseltine knew if Mr. Smith was kept incarcerated for that period of time. Mr. Eseltine stated that he did not know, but perhaps Ms. Smith's attorney had more information. Ms. Carbano asked the attorney for her input. Michelle Napier reiterated that Mr. Smith remained in jail from the time he was arrested until the plea deal. She stated she was not involved in the criminal case, but her understanding is that there was a plea deal, and part of that plea required him to pay restitution to Ms. Smith, and there is a restitution order in the file in the amount of $25,000.00. Ms. Carbano asked for clarification on the amount involved. Ms. Napier explained that Ms. Smith wrote a check for $22,500.00 and then put an additional $2,500.00 on a credit card because of the bank's requirement. Mr. Crockett asked if the homeowner is aware that the DBPR has a recovery fund to which she can apply. Ms. Napier stated she has applied for that. Mr. Manero asked if the Board votes to revoke Mr. Smith's license in Sebastian, will that affect only Sebastian and not anywhere else. Mr. Eseltine replied that it would only be for the City of Sebastian. Mr. Crockett asked if the Board can revoke the license for a period such as five years, during which time Mr. Smith could not get a license or take the exam. Mr. Eseltine stated he did not think Sebastian could do that; Mr. Smith would have to go through the State or another city to go before a construction board. He further explained that whatever the outcome of this hearing is, that will be forwarded to the State. Ms. Carbano inquired if the State can then revoke his overall license, and Mr. Eseltine opined that the State could revoke his state license, etc. in addition to what is done here in Sebastian. He also stated he does not think Sebastian can prevent him from going to another city in the State of Florida and applying for a license, but there should be a background check done, and the revocation would appear. Mr. Hosey asked if Mr. Smith's license is renewed in another county, can he reciprocate here. Mr. Eseltine stated no. Ms. Carbano asked if Sebastian would have to send a notice of the revocation to St. Lucie County, and Mr. Eseltine answered yes, and he is certain that Indian River County has also taken action against Mr. Smith. Mr. Crockett asked if this Board needs to take action to decide if Mr. Smith is guilty and SEBASTIAN CONSTRUCTION BOARD PAGE 5 Minutes of Regular Meeting of June 26, 2018 then adjudicate the penalty for that. Mr. Eseltine stated yes. Mr. Fortier stated there is already a motion on the table to revoke the license, and Mr. Crockett seconded the motion. Mr. Stokes stated the City can and will provide a copy of this Order to the local governments. Mr. Eseltine stated there is the Construction Licensing Officials Association of Florida, and the City will make sure that the information gets forwarded to them so it can be circulated among other municipalities. Ms. Napier interjected that Ms. Smith would like the penalty to be the maximum enforcement mechanism available, and the Board agreed. Mr. Eseltine described there are two subsections of the Code under which there are causes for disciplinary action, and each one of those subsections could be $500.00 maximum. Mr. Fortier then amended his motion to find Mr. Smith in violation of Section 26-172, Subsections (5) and (10) of the Code, each section carrying a $500.00 fine, as well as permanent revocation of his license. ROLL CALL Mr. Fortier -- Yes Mr. Manero -- Yes Ms. Carbano -- Yes Mr. Crockett -- Yes Mr. Hosey -- Yes Ms. Parris -- Arrived Late Total vote was 5-0 in favor. Motion carries. 7. Buildinq Official Matters -- None B. Board Matters -- None 9. Attornev Matters -- None 10. Fifteen (15) Minutes to the Public -- None 11. Adjourn -- Chairwoman Carbano called for any further business. Hearing none, she adjourned the meeting at 6:23 p. jg