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HomeMy WebLinkAbout05-24-2022 MinutesCITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING MAY 24, 2022 I. Call to Order -- Acting Chairperson Carbano called the meeting to order at 6:02 p.m. II. Pledge of Allegiance -- was recited by all III. Roll Call: Present Mr. Wilcher Mr. Roberts Mr. Fortier (Zoom) Mr. Scheskowsky Ms. Carbano Also Present Manny Anon, City Attorney Wayne Eseltine, Building Director/Fire Marshal Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer (Zoom) IV. Announcements and/or Modifications Mr. Eseltine announced that Ms. Carbano will act as Chairperson at this meeting, as Mr. Fortier is unable to attend in person, but he is attending via Zoom. He added that at the next meeting there will be an item on the agenda to make sure we have a Vice Chair, as our previous Vice Chair is no longer on the board. Thus, the Chair for tonight’s meeting will be Ms. Carbano as the most senior member of the Board. V. Approval of Minutes -- December 6, 2021 Ms. Carbano called for approval of the Minutes from December 6, 2021. Mr. Fortier referred to Page 2 of the Minutes. The second line of the last paragraph reads “He stated he satisfied the continuing education …” Mr. Fortier suggested it should read “He stated he has satisfied the continuing education…” There being no other corrections to the December 6, 2021 Minutes, Ms. Carbano called for a motion. A motion approving the Minutes of December 6, 2021 with the correction as noted above was made by Mr. Scheskowsky and seconded by Ms. Carbano. SEBASTIAN CONSTRUCTION BOARD PAGE 2 MINUTES OF MAY 24, 2022 Roll Call Ms. Carbano -- Yes Mr. Roberts -- Yes Mr. Scheskowsky -- Yes Mr. Wilcher -- Yes Mr. Fortier -- Yes Vote was 5-0 in favor. Motion carries. VI Public Input -- None VII. Unfinished Business -- None VIII. New Business: Quasi-Judicial/Public Hearing: A. Quasi-Judicial Disciplinary Hearing 1. In the Matter of Mr. Dillon Slater d/b/a Slater Construction, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 116 ORMOND CT. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR THE COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT OF THE DIVERSION CONTRACTOR IS OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR CONTRACT, Mr. Anon read the item into the record. SEBASTIAN CONSTRUCTION BOARD PAGE 3 MINUTES OF MAY 24, 2022 Ms. Carbano called on the Board members to disclose any ex-parte communications or conflicts of interest in this matter. All indicated they had none. All who would present testimony this evening were sworn in. Ms. Carbano called on the applicant or their representative to make their presentation. There was no one present to testify on behalf of the applicant. Ms. Carbano then called on staff to make their presentation. Mr. Eseltine identified himself and reviewed the history of this case. Notice to appear was sent Certified Mail to the address on the applicant’s DBPR license and with SUNBIZ. Staff also attempted to deliver the notice in person at 4853 – 61st Circle in Vero Beach. This is the address that is on record for Mr. Slater’s business. Mr. Eseltine reviewed other attempts which were made to reach Mr. Slater. Mr. Eseltine offered the following exhibits into the record: 1. Applicable code sections of the City Code of Ordinances 2. Sebastian Construction Board Notice of Violation Quasi-Judicial Hearing 3. Staff Report on 116 Ormond Court. Mr. Eseltine noted that Exhibits 1 and 2 are germane to all three quasi -judicial hearings on this issue this evening. He provided copies of the applicable sections of the City Code of Ordinances to members of the Board in Chambers. Regarding the property at 116 Ormond Court, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 3). Ms. Carbano called on the Board members for questions/comments. Mr. Roberts -- Asked if Mr. Slater provided an explanation as to why the project was not completed on time. Mr. Eseltine stated he has not been a witness to any of that activity. He stated that the owner of the property, who is present, can attest to what has transpired in greater detail. Mr. Roberts also asked if law enforcement has been involved in this process. Mr. Eseltine stated yes, they have. Mr. Fortier -- Asked if the contracts were for $250,000.00 for each of the three properties in question tonight. Mr. Eseltine stated all the contracts were for $250,000.00. Mr. Fortier stated this sort of conduct does nothing positive for the City of Sebastian or for contractors in general. He asked the Board to look into that. Mr. Fortier asked Mr. Eseltine why this case does not mention grand larceny. He opined that there is enough to make a prima facie case in criminal court and asks why this matter is before this Board. Mr. Anon explained that this case is before this Board because this matter is under the purview of SEBASTIAN CONSTRUCTION BOARD PAGE 4 MINUTES OF MAY 24, 2022 the City’s Code. Whether the local law-enforcement agencies followed up with something, that is not before this Board. Mr. Scheskowsky -- Asked if there will be penalties for each one of these three cases or all three together. Mr. Anon said these are three different properties and three different incidents, so the Board will be able to assess for each one of them. That is the reason the cases were brought in front of the Board as three different cases. Mr. Anon inquired of Mr. Scheskowsky if he supports the Board’s recommendation of a fine and suspension. Mr. Scheskowsky answered yes. Ms. Carbano called on anyone from the public who is in favor of the appeal to give testimony. James Chorma, 8000 – 91st Avenue, Vero Beach, FL. -- Mr. Chorma identified himself and reviewed the history of the project in question and his encounters with Mr. Slater. He had to pay an additional $80,000.00 out of pocket to get the project completed. There was extended discussion among the Board members, Mr. Eseltine, and Mr. Chorma regarding the history of this project. Robin DeVitis -- Ms. DeVitis reviewed that she entered into a contract with Mr. Slater and reviewed the history and activities regarding this contract. She said she lost $5,000.00 in total because Mr. Slater did refund part of her money. She does not understand how Mr. Slater could have a general contracting license and get a pool license, which are two different numbers. His general contract or’s license is CGC 1526339, and the pool license is CGC 1531897. The construction is now finished. She had to get another contractor, and it cost her $60,000.00 more. Mr. Anon stated that some of Ms. DeVitis’ testimony is not germane to the subject before the Board. Mr. Fortier opined that this testimony is germane to the item in question. He asked if there have been repeated incidents of this behavior, and he wonders how these “slipped through the cracks.” Mr. Eseltine stated that the powers of the Building Department and this Board are limited to whatever is in the City Code of Ordinances and the Florida Building Code. The Building Department cannot get involved in contractual issues that are civil matters. His department had received several complaints. They looked into the complaints. These cases that are before this Board cover areas where the City can apply its Code by way of diversion of funds. The City has no arrest powers or criminal investigation powers. He emphasized that the matter before the Board this evening is the behavior of a license holder and their ability to pull building permits. If the license holder is not doing what they are supposed to be doing, that is why these hearings are being held tonight as disciplinary hearings, which may result in a decision by the Board to suspend permitting privileges in order to stop this occurrence from being repeated. His department has been gathering SEBASTIAN CONSTRUCTION BOARD PAGE 5 MINUTES OF MAY 24, 2022 evidence for quite some time looking into all of these complaints. But we are here tonight for three cases, and he opined that it is the Board’s duty to hear the cases and make a decision as to what they want to do with Mr. Slater’s licensing privileges. He added that the results of this hearing will be forwarded to the Department of Business and Professional Regulation because Mr. Slater is a state license holder. Indian River County has recently taken action for similar complaints, but staff is dealing with what involves the City of Sebastian. Mr. Fortier stated that he agrees with the other Board member who said the Board should go to the max to hold Mr. Slater accountable. Kristin Lees -- Stated that she signed a contract with Mr. Slater in August 2020. Her construction is not halfway completed to this date. She has filed a complaint with Indian River County, and she will be filing criminal charges as of this coming Friday with the Indian River Sheriff’s Department. She reviewed the history between herself and Mr. Slater. She stated she had to pay for several items out of h er own pocket that Mr. Slater never completed in order to prevent liens being filed against her. She estimated that she is out over $80,000.00 in order to get the house completed. She added that the work that Mr. Slater did complete on her house was substandard and had to be redone. Ms. Carbano stated that all of this information will be sent to the Department of Professional Regulations once the determination is made. Mr. Eseltine stated that any disciplinary action the Board takes on a state license holder has to be forwarded to that Department. Ms. Carbano called on staff to summarize. Regarding the property at 116 Ormond Court, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 1). Mr. Eseltine suggested that the motion of the Board should contain the following wording: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds . 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges will be suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued or applied for by this date may continue to completion in accordance with 26-175 (e). SEBASTIAN CONSTRUCTION BOARD PAGE 6 MINUTES OF MAY 24, 2022 Ms. Carbano mentioned that on the first page of this Staff Report it has the Ormond Court address, yet under the narrative it states an alleged violation for Admiral Circle. Mr. Eseltine stated he will make the correction. There was concern voiced among the Board members and staff regarding No. 4 of the motion, and extended discussion ensued regarding No. 4 of the suggested motion. After extended discussion, Ms. Carbano called for a motion. A motion containing items 1, 2,, and 3 as stated above and removing item 4 was made by Mr. Scheskowsky and seconded by Mr. Fortier. Roll Call Mr. Wilcher -- No Mr. Scheskowsky -- Yes Mr. Roberts -- Yes Ms. Carbano -- No Mr. Fortier -- Yes The vote was 3-2 in favor. Motion carries. B. Quasi-Judicial Disciplinary Hearing 1. IN THE MATTER OF MR. DILLON SLATER D/B/A SLATER CONSTRUCTION, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 104 MARSH ST. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) DIVERSION OF FUNDS OR PROPERTY RECEIVED FOR THE COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT OF THE DIVERSION CONTRACTOR IS SEBASTIAN CONSTRUCTION BOARD PAGE 7 MINUTES OF MAY 24, 2022 OR WILL BE UNABLE TO FULFILL THE TERMS OF HIS OBLIGATION OR CONTRACT, Mr. Anon read the item into the record. Ms. Carbano called on the Board members to disclose any ex -parte communications or conflicts of interest in this matter. All indicated they had none. Those who would testify in this matter having previously been sworn in, Ms. Carbano called for the staff presentation. Regarding the property at 104 Marsh Street, Mr. Eseltine read into the record the narrative description of the alleged violation (SEE ATTACHED EXHIBIT MARKED AS EXHIBIT 1). Mr. Anon stated that all three exhibits, 1, 2, and 3, were offered in the first case relative to 116 Ormond Court. Exhibits 1 and 2 will also apply to the case regarding 104 Marsh Street. Ms. Carbano called on questions/comments from the Board. Mr. Roberts asked if this project has been completed. Mr. Eseltine stated that the owners are very close to getting their Certificate of Occupancy. The owners of this property have taken the project over in place of Slater Construction and are having direct contact with all the sub-contractors in order to get the project done. Mr. Roberts asked if there has been any response from Mr. Slater regarding this project. Mr. Eseltine stated he has not spoken to him. The owners have been in contact with him. Unfortunately, the owners are not here tonight. Mr. Fortier stated that, in his opinion, this case also shows the propensity of this individual to put a stain on construction contractors. He opined that everything should stay as status quo as far as what the Board does. Ms. Carbano called on anyone from the public who would like to speak in favor of the appeal. Yolanda Allen-Bell -- Ms. Bell, not having been previously sworn, was sworn in. She testified that she met Dillon Slater in May of 2020. He was supposed to build a house for her mother. She gave him the first payment in April 2020. She reviewed the history of her actions regarding the contract for this house. She gave Mr. Slater $38,000.00, and he never built the house. Bruce McCullers -- He testified that he contracted with Slater Construction in August SEBASTIAN CONSTRUCTION BOARD PAGE 8 MINUTES OF MAY 24, 2022 2020. He was promised a house in six to seven months. His experience has been the same as the others who have testified in this matter. He also testified to the shoddy workmanship that was done. He switched contractors, and he is going to charge Mr. Slater in a civil action. He estimated that he paid over $100.000.00 just to prevent liens from being entered on the property. Ms. Carbano called on anyone who wishes to speak against the appeal. There being no one, Ms. Carbano called for staff summary. Mr. Eseltine read the Staff Report into the record and offered it as Exhibit 1. Mr. Eseltine suggested that the motion of the Board should contain the following wording: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued or applied for on this date may continue to completion in accordance with 26-175 (e) He added that it is the same motion that was already set forth at the last hearing. Mr. Roberts opined that this case is more serious than the last case. Mr. Eseltine said there are no further disciplinary actions that are available for the Board to take. Mr. Fortier asked if the Board is only allowed to suspend Mr. Slater’s contracting privileges in Sebastian. He asked Mr. Eseltine, since this hearing will appear on You Tube as public information, if other contractors can weigh in and send information to the State. Mr. Eseltine stated that all the findings that this Board makes will be forwarded to the State. The State will consider the case for further disciplinary action. Mr. Fortier asked if, when this case becomes public information where it is published on You Tube, contractors can contact the State to file a complaint, or is that illegal. Mr. Eseltine said anyone can file a complaint. There being no further discussion, Ms. Carbano called for a motion. A motion with the wording of Nos. 1, 2, and 3 in the motion in the previous case be used was made by Mr. Roberts and seconded by Ms. Carbano. SEBASTIAN CONSTRUCTION BOARD PAGE 9 MINUTES OF MAY 24, 2022 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. Roll Call Mr. Wilcher -- Yes Mr. Scheskowsky -- Yes Mr. Roberts -- Yes Ms. Carbano -- Yes Mr. Fortier -- Yes Vote was 5-0 in favor. Motion passes. C. Quasi-Judicial Disciplinary Hearing 1. IN THE MATTER OF MR. DILLON SLATER D/B/A SLATER CONSTRUCTION, LLC ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT THE FOLLOWING LOCATION IN SEBASTIAN: • 133 ADMIRAL CIRCLE APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172 -- CAUSES FOR DISCIPLINARY ACTION THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) 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. SEBASTIAN CONSTRUCTION BOARD PAGE 10 MINUTES OF MAY 24, 2022 Mr. Anon read the item into the record. Ms. Carbano called on the Board members to disclose any ex -parte communications or conflicts of interest in this matter. All indicated they had none. Those who wou ld testify in this matter having previously been sworn in, Ms. Carbano called for the staff presentation. Mr. Eseltine reviewed the history and Staff Report on this case (SEE ATTACHED EXHIBIT 1). Ms. Carbano asked Mr. Eseltine if the permit remains on hold. Mr. Eseltine stated it does to the best of his knowledge. Ms. Carbano called for testimony from the public. Paula Hegi -- testified that her contract price was $296,640.00. She signed a contract with Mr. Slater in February 2021. At that time she gave him $74,160.00, and she thought he was going to honor his contract. She gave Mr. Slater another $41,500.00. Regarding the issue with the tortoises, Ms. Hegi had a conversation on November 23, 2021 with an advocate for the tortoises. That advocate told Ms. Hegi that Mr. Slater had told her to hold off on the tortoises. So Mr. Slater at that point had $115,600.00 of Ms. Hegi’s money. To this day, she has a partially cleared lot with some silt fencing, and the turtles are gone. She opined that Mr. Slater is going to leave the state, and she is not going to get her money back. She is asking for something in writing to present to the proper department so she can file a criminal complaint. She has already filed a complaint with the State. She has heard that Mr. Slater plans to leave Florida. Ms. Carbano called on members of the Board for their questions/comments. Mr. Fortier agrees that Mr. Slater needs to be in jail. He explained that there is a recovery fund through the State that will give the property owner some remuneration. Ms. Hegi stated she is aware of this fund, but she does not know if she can go through that process, as it is a long and arduous process. Mr. Roberts asked Ms. Hegi when she last heard from or communicated with Mr. Slater. Ms. Hegi said the last text message was April 4, 2022. April 13, 2022 was the last time she reached out to Mr. Slater. Mr. Roberts asked if this Board can revoke Mr. Slater’s license. Mr. Eseltine stated Mr. Slater is a state-licensed contractor, and the only thing this Board can do is revoke his permitting privileges. He added that the recommendation SEBASTIAN CONSTRUCTION BOARD PAGE 11 MINUTES OF MAY 24, 2022 that staff made was to suspend his permitting privileges, similar to what the County did, for two years. Staff put in the caveat that Mr. Slater must reappear before this Board and convince the Board that his license should be reinstated. As a state-licensed contractor, all this Board can do is to stop the bleeding by revoking his permitting privileges. Mr. Fortier agreed. Mr. Eseltine added that, whenever these hearings are completed and the paperwork has been entered with the State, he will make sure that the property ow ners of all three of these addresses get something in writing. Mr. Eseltine presented his findings as set forth in the Staff Report (SEE ATTACHED EXHIBIT 1) and recommended the same wording for the motion as was contained in the two previous cases heard tonight as follows: 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating privileges. 4. Any uncompleted work that has a permit issued There being no further discussion, Ms. Carbano called for a motion. A motion with the wording of Nos. 1, 2, and 3 in the motion in the previous case be used was made by Mr. Scheskowsky and seconded by Mr. Fortier. 1. Motion to find Dillon Slater with License No. CGC 1526339 in violation of City Code of Ordinance 26-172 (5) where the contractor was unwilling to fulfill his obligations under the terms of the contract because of his diversion of funds. 2. A fine in the amount of $500.00 plus an additional $100.00 administrative fee in accordance with Section 26-175 (d) and shall be paid within 30 days. 3. All permitting privileges suspended for a period of two years, at which time the contractor must reappear before the Construction Board to demonstrate competency to the satisfaction of the Board before reinstating permitting privileges. Roll Call SEBASTIAN CONSTRUCTION BOARD PAGE 12 MINUTES OF MAY 24, 2022 Mr. Wilcher -- No Mr. Scheskowsky -- Yes Mr. Roberts -- Yes Ms. Carbano -- No Mr. Fortier -- Yes Vote was 3-2 in favor. Motion passes. IX. Board Matters Mr. Fortier stated that several people have come before this Board having lost a lot of money, and he is in favor of the Board assessing the highest penalty that is within their purview. X. Building Official Matters -- None XI. CITY Attorney Matters For the record, Mr. Anon alerted the Board that one of the cases that was held before this Board involving Matt Hall is being appealed to the Eleventh Circuit Court, and the City is currently in litigation over that matter. Mr. Fortier reiterated that at that hearing, he did disclose at that meeting that he had had ex parte communication with Mr. Hall. XII. Adjourn There being nothing further, Ms. Carbano adjourned the meeting at 8:01 p.m.