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HomeMy WebLinkAbout03081988L. Gene Harrim Mayor City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Bruce Cooper Building Offical PUBLIC MEETING CITY OF SEBASTIAN 1225 MAiN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A SPECIAL MEETING ON TUESDAY, MARCH 8, 1988 AT 7:30 P,M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI, SECRETARY SEBASTIAN CONSTRUCTION BOARD NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHEMAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL iS BASED. SEBASTIAN CONSTRUCTION BOARD SPECIAL MEETIN~ MARCH 8 1988 - 7:30 P.M. AGENDA CALL TO ORDER ROLL CALL COMPLAINTS AGAINST JOHN B. ROBERTS, JR., ADJOURN CONTRACTOR NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTER, HE/SHE wILL NEEDA RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE pROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON.WHICH THE APPEAL IS BASED. SEBASTIAN CONSTRUCTION BOARD - SPECIAL MEETING - MARCH 8 1988 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN LAMAN AT 7:30 P.M. ROLL CALL: PRESENT: MR. CAPP MR. DERNBACH MR. GREENIDGE MR. HALLGREN VICE CHAIRMAN LAMAN ABSEN: CHAIRMAN CAREY - EXCUSED ALSO PRESENT:' BRUCE COOPER, BUILDING OFFICIAL, TOM PALMER, CITY ATTORNEY. VICE CHAIRMAN LAMAN STATED THAT THE pURPOSE OF THE MEETING IS TO DISCUSS THREE COMPLAINTS GIVEN TO THE CONSTRUCTION BOARD AND BUILDING OFFICIAL IN REGARDS TO JOHN B. ROBERTS, JR., CONTRACTOR. THE THREE COMPLAINTANTS WERE: 1) MR. FREDERICK WALTER - 103 LANCASTER ST. 2) MR. LUIS QUINTERO - 106 FILBERT ST. 3) MR. ALICIA TOVAR - 104 KARRIGAN ST. pRIOR TO EACH COMPLAINT BEING HEARD, EVERYONE WHO WAS TO TESTIFY IN REGARDS TO THAT CASE WAS SWORN iN BY ATTORNEY PALMER. EACH COMPLAINTANT WAS TOLD THAT THEY COULD READ THEIR LETTER OF COMPLAINT TO THE BOARD IF THEY WISHED TO DO SO. pERMIT APPLICATIONS RELATING TO EACH OF THE CASES WAS GIVEN TO THE BOARD OF_ _REDE C MR. WALTER REm HIS LETTER OF COMPAI TO THE ,OARD TER WHICH THE,,OARD, MR. COOPER AND ATTORNEY PALMER ASKED QUESTIONS. MR. ROBERTS THEN HAD TIME TO DISPUTE OR EXPLAIN ANY STAT~4ENTS MADE BY MR. WALTER. HE THEN WAS ASKED QUESTIONS BY THE BOARD, MR. COOPER AND ATTORNEY PALMER. MR. COOPER STATED THERE WAS ONE LIEN RECORDED BY WICK'S COMPANIES, INC. ON FEBRUARY 26, 1988 IN THE AMOUNT OF $684.68. MR. ROBERTS SAID IT WAS NOT VALID SINCE HE HAS A RELEASE OF LIEN FOR IT. HE ALSO STATED THAT HE DID NOT HAVE iT SINCE THE SHERIFF'S DEPARTMENT HAD iT ALONG WITH OTHER PAPERS WHICH BELONG TO HIS FATHER, MR. BERNIE ROBERTS. ATTORNEY PALMER ASKED IF THE LIEN HAD BEEN RECORDED. MR. ROBERTS SAiD CHECK sHOWiNG A FINAL PAYMENT 'ON THE HOUSE. HE DID NOT KNOW, BUT THERE IS A ATTORNEY PALMER SAID THERE HAD TO BE A RELEASE OF LIEN EXECUTED BY WICK'S LUMBER COMPANY THAT HAS TO BE FILED. SEBASTIAN CONSTRUCTION BOARD - SPECIAL MEETING - MARCH 8 1988 ~~CK _WALTER cg~t' IN T____~H MR. COOPER ASKED ATTORNEY PALMER THAT AS FAR AS THE DETERMINATION OF!THE BOARD, SHOULD THEY CONSIDER THAT AS FAR AS ANY ACTION AGAINST THE CONTRACTOR IS CONCERNED. ATTORNEY PALMER SAID NOT AS THE RECORD STANDS AT THIS TIME. IT HAS NOT BEEN ESTABLISHED IF THIS CLAIM OF LIEN IS DUE TO ANY FAULT OF MR. ROBERTS. VICE CHAIRMAN LAMANASKEDWHAT MR.. ROBERTS TITLE WAS WITH INDIAN RIVER HOMES. MR. ROBERTS STATED VICE PRESIDENT OF CONSTRUCTION. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP THAT THERE BE A CONTINUANCE UNTIL THE MATTER OF THE LIEN CAN BE CLEARED UP FROM WICK'S LUMBER. CARRIED. ATTORNEY PALMER STATED THAT IF A RELEASE OF LiEN COMES IN AND IT IS' RECORDED, MR. COOPER CAN CERTIFY TO."THE B.OARD THAT THE MATTER. IS RESOLVED. ~ THE CASE OF LUIS QUINTERO (FOR MATTER OF RECORD, MR. HALLGREN LEFT DUE TO ILLNESS) MR. WALTER READ A LETTER THAT HE HAD WRITTEN ON BEHALF OF HIS BROTHER'IN- LAW MR. QUINTERO. MR. COOPER STATED THAT AFTER VISIBLY INSPECTING THE HOUSE THAT IT WAS CLOSE TO 60% FINISHED AS OF THE DAY OF THIS MEETING. MR. COOPER SAID HE COULD VERIFY FROM THE COURT RECORDS THAT THE ONLY LIEN AT THIS TIME WAS FROM WICK'S LUMBER IN THE AMOUNT' OF $782..04. jOHN ROBERTS: ATTORNEY PALMER ASKED MR. ROBERTS WHEN HE'HAD QUALIFIED THEi~RIC21N COLLECTION OF FINE HOMES~.INC. WITH THE CITY OF SEBASTIAN. MR. ROBERTS SAID HE NEVER DID, THAT THE pERMIT WAS PULLED UNDER JOHN ROBERTS, INDIAN RIVER HOMES. ATTORNEY PALMER NOTED THAT THERE WAS A CONTRACT BASED ON A CORPORATION CALLED THE AMERICAN COLLECTION OF FINE HOMES. MR. ROBERTS SAID THAT THE CONTRACT IN QUESTION' WAS A BUY BACK CONTRACT AND THAT HE HAD ENTERED INTO A CONTRACT TO SELL THEM A HOUSE, HE SAID THE AGREEMENT WITH MR. OZGA, THROUGH AN ATTORNELWAs THAT HE DID NOT WANT TO MAKE CONSTRUCTION LOANS TO AN INDIVIDUAL, HE WANTED TO USE A CORPORATION, SO THE BUY BACK ~ONTRACTS ARE MADE OUT TO AMERICAN COLLECTION OF FINE HOMES. SEBASTIAN CONSTRUCTION. BOARD - SPECIALMEETING - MARCH 8 198~ IN THE CASE OF LUIS QUIgTPRP c°nA' ATTORNEY PALMER ASKED IF HE HAD ENTERED INTO OTHER CONTRACTS ON BEHALF OF AMERICAN COLLECTION OF FINE HOMES, XNC. TO BUILD HOMES IN THE CITY OF SEBASTIAN. MR. ROBERTS SAID HE HAD USED. THE CORPORATION TO BORROW MONEY. ATTORNEY PALMER NOTED THE CONTRACT SPECIFICALLY SAID "TO CONSTRUCT" A HOUSE. MR. ROBERTS SAID AGAIN THE CONTRACT WAS TO PURCHASE, NOT CONSTRUCT. MR. COOPER ASKED MR. WALTER WHAT HE THOUGHT THE CONTRACT WAS FOR. MR. WALTER STATED IT WAS FOR A COMPLETED HOUSE ' THE LOT WAS INCLUDED IN THE PRICE AND THAT THE CONTRACT WAS .TO BUY THE HOUSE. HE SAID THAT MR. ROBERTS SAID THAT AMERICAN COLLECTION OF FINE HOMES WAS HIS COMPANY. MRS. WALTER WAS SWORN IN. MRS.. WALTER WAS ASKED~IF SHE WAS'AT THE SIGNING OF THE CONTRACT.FOR THE ANA III. SHE SAiD YES. SHE WAS ALSO ASKED IF'SHE UNDERSTOOD THAT IT WAS A HOUSE JUST TO BE BOUGHT FROM MR. ROBERTS. SHE SAID YES. VICE CHAIRMAN LAMAN ASKED IF THE HOUSE WAS COMPLETED THE DAY THE CONTRACT WAS SIGNED. MRS. WALTER SAID NO, THAT IT WAS ~N THE SAME STAGE AS IT IS NOW. MR. COOPER ASKED IF MR. ROBERTS SAiD HE WAS FINISHING THE HOME AS HIMSELF, AMERICAN COLLECTION OF FINE HOMES. MRS. WALTER SAID THAT MR. ROBERTS SAID IT WAS HIS COMPANY, HIS HOME. MR. ROBERTS NOTED THAT HE DID NOT SAY HE OWNED THE HOME BUT THAT HE HAD THE RIGHT TO PURCHASE THE HOME. VICE CHAIRMAN CALLED FOR A RECESS AT 9.:50 P,M. MEETING REOPENED AT 9:55 P.M. WITH ALL PRESENT EXCEPT MR. HALLGREN. ATTORNEY PALMER NOTED ON THE SECOND PAGE OF THE CONTRACT FOR AMERICAN COLLECTION OF FINE HOMES, THINGS THAT STILL NEEDED TO BE DONE ON THE HOUSE AND THAT MR. & MRS. QUINTERO HAD INPUT AS TO HOW THE HOUSE WAS GOING TO BE COMPLETED. AGAIN MR.. ROBERTS POINTED OUT THAT AMERICAN COLLECTION OF FINE HOMES WAS USED ONLY FOR THE BORROWING OF MONEY AND THE PURCHASING OF COMPLETED HOMES. IN THE'CASE OF ALICIA TOVAR MRS. TOVAR WAS NOT PRESENT AT THE MOMENT SO MR. ROBERTS' SPOKE FIRST. SEBASTI'AN CONSTRUCTION BOARD - SPECIAL MEETING - MARCH 8~ IN THE CASE OF ALICIA TOVAR cont VICE CHAIRMAN LAMAN READ MS. TOVAR'S LETTER TO THE BOARD. MR. ROBERTS NOTED THAT THIS WAS AN INDIAN RIVER HOMES HOUSE AND THAT NO WHERE ON THE CONTRACT DID IT SAY WHENTHE HOUSE WOULD BE FINISHED. VICE CHAIRMAN LAMAN STATED THE CONTRACT READ THAT THE HOUSE WOULD BE. CLOSED ON OR BEFORE 9/25/87, SIGNED BY JOHN ROBERTS. MR', ROBERTS SAID THAT AS OF 1/1/88, THE HOUSE WAS ABOUT 85-90% DONE WHEN DPR AND THE CITY OF SEBASTIAN WAS NOTIFIED THAT HE WAS LET GO BY INDIAN RIVER HOMES. IN A LETTER FOR MR. BROTHERTON, IT WAS NOTED THAT THEY WERE GOING TO GET A NEW CONTRACTOR TO FINISH THE HOMES THEY HAD GOING. IT WAS NOTED THAT THE CONTRACT ON THIS HOUSE. WAS THE SAME CONTRACT USED BY AMERICAN.COLLECTION OF FINE HOMES EXCEPT THIS ONE SHOWED INDIAN RIVER HOMES. MR. COOPER ASKED IF THIS CONTRACT WAS USED TO BUILD A HOUSE. MR. ROBERTS SAID YES. MR. TOVAR CAME BEFORE THE BOARD. MS. TOVAR TOLD THE BOARD THAT IN THE CONTRACT SHE HAD WITH MR. ROBERTS, THE HOUSE WAS TO BE COMPLETED BY 9/25/'87 AND AT THE BEGINNING OF DECEMBER THE HOUSE WAS STILL NOT DONE. ALSO, ON 12/21/87 A SIGNED AGREEMENT WAS MADE WITH MR. ROBERTS THAT THE HOUSE WOULD BE FINISHED 1/10/88. IF NOT FINISHED BY THAT DATE, 'MR. ROBERTS WOULD PAY $100.00 EVERY OTHER DAY. MR. TOVAR SAID SHE HAD PAID OUT $40,000.00 TO FINISH HER HOME HERSELF. MS. TOVAR WAS ASKED TO GIVE ALL THE DOCUMENTS SHOWING WHERE THE $40,000.00 WAS SPENT. SHE SAID SOME WAS SPENT TO PAY FOR WORK THAT HAD ALREADY BEEN DONE. MR. ROBERTS NOTED THAT SHE FINISHED THE HOUSE HERSELF AFTER HE WAS LET GO BY INDIAN RIVER HOMES. MR. COOPER FELT THE BOARD SHOULD ASK FOR A CONTINUANCE SO THAT INDIAN RIVER HOMES COULD BE IN ATTENDANCE TO DEFEND THEMSELVES SINCE SOME OF THE CONTRACTS ARE WITH INDIAN RIVER HOMES. THESE WOULD INCLUDE MR. BROTHERTON, HIS REPRESENTATIVES AND THEIR ATTORNEY. HE ALSO FELT WE NEEDED MORE DOCUMENTATION FROM MS-. TOVAR AND TO HAVE TIME TO LOOK INTO AMERICAN COLLECTION OF FINE HOMES; MR. ROBERTS WAS ASKEDFOR ANY DOCUMENTATIONHE MAY HAVE CONCERNING WHAT WAS DISCUSSED AT THIS MEETING. SEBASTIAN CONSTRUCTION BOARD - SPECIAL MEETING - MARCH 8;_' 1988' ATTORNEY PALMER STATED HE FELT THE BOARD SHOULD REVOKE MR. ROBERT'S LICENSE FOR FAILURE TO QUALIFY AMERICAN COLLECTION OF FINE HOMES UNDER SEC.. 7-94, SEBASTIAN CITY CODE. MOTION BY MR. DERNBACH, SECONDED BY MR. GREENIDGE TO SUSPEND MR. ROBERT'S LICENSE FOR 90 DAYS AT WHICH TIME THE BOARD WOULD MEET TO CONSIDER WHETHER IT SHOULD BE REVOKED OR IF OTHER DISCIPLINARY ACTION THAT NEEDS TO BE TAKEN IN VIEW OF EVIDENCE PRESENTED BETWEEN NOW AND THEN. MR. COOPER AKDED THAT IN CONNECTION WITH THE EXISTING HOMES THAT HE HAS HIS NAME ON AS FAR AS THE CONTRACTOR, WHEN A LICENSE IS SUSPENDED DOES THAT INCLUDE ALSO WORKING ..... ATTORNEY PALMER SAID HE COULD PROCEED ON HOMES IN PROCESS THAT HE ~S COMMITTED TO. IT WAS STATED THAT THE TIME INCLUDED CASES PENDING ~AND THOSE CASES COMING BEFORE THE BOARD IN THE NEXT 90 DAYS. SUSPENSION IS NOT JUST CONFINED' TO SEBASTIAN. ANY RECIPROCITY BASED ON THAT IS ALSO SUSPENDED. MR. DERNBACH AMENDED HIS MOTION, SECONDED ~BY MR. ~REENIDGE. TO NOTIFY ANY OTHER JURISDICTION WHERE A LETTER OF RECIPROCITY HAS BEEN RB~EIVED-INCLUDING DPR OF THE ACTION TAKEN THIS EVENING. ROLL CALL= AYES: MR. CAPP MR. DERNBACH MR. GREENIDGE VICE CHAIRMAN LAMAN NAYS: NONE CARRIED. (FOR MATTER OF RECORD, MR. HALLGREN RETURNED TO THE MEETING.) MR. ROBERTS REGUESTED iN WRITTING THE EXACT LAW AND SPECIFIC CHAPTER OF THE CODE THAT HE HAD BROKEN SO THAT HE WOULD KNOW WHAT HE HAD TO ANSWER TO. ATTORNEY PALMER STATED CONTRACTING THROUGH A CORPORATION HE DOES NOT QUALIFY UNDER SECTION 7-94 OF THE SEBASTIAN CITY CODE - REGARDING CONTRACTING BETWEEN MR. QUINTERO AND AMERICAN COLLECTION OF' FINE HOMES THAT IS NOT YET COMPLETED. MR. COOPER INFORMED MR. ROBERTS THAT HE H~D THE'RTGHT TOAPPEAL THE BOARDS DECISION TO CITY COUNCIL WHICH MUST BE FILED IN WRITING WiTH THE CITY CLERK 15 DAYS FROM DATE OF ACTION OF GRIEVANCEi' BY THIS BOARD. ACTION OF THE CITY COUNCIL WOULD BE FINAL. MOTION BY MR. HALLGREN, SECONDED BY MR. CAPP TO CARY THIS CASE OVER TO THE NEXTMEETING AND HAVE THE STAFF INVESTIGATE. CARRIED. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED AT 11:15 P.M. MOTION BY MR. HALLGREN, SECONDED BY MR. DERNBACH (FOR DISCUSSION) THAT IN ORDER TO EXPEDITE THIS MATTER THAT WE GO TO SPECIAL COUNCIL. I KNOW THAT TOM PALMER IS VERY BUSY WITH THE BONDING ON CONTRACTORS AND SEVERAL OTHER THINGS AND I KNOW IN PAST WE~VE GOTTEN REALLY WEIGHED DOWN AND SLOWED DOWN WITH THINGS THAT WENT THROUGH!? THE CITY ATTORNEY PROCESS. I THINK THIS CALLS FOR SPECIAL COUNCIL. MAYOR HARRIS FEELS THE SAME WAY. WE MET WITH AN ATTORNEY THIS MORNING THAT'S WILLING TO HELP US OUT WITH THIS PROBLEM AT THE SAME RATE OF PAY AS WHAT MR. PALMER GETS, AND IF NECESSARY WE CAN TAKE IT TO THE COUNCIL TOMORROW NIGHT TO GET APPROVAL. I DON'T THINK IT SHOULD BE NEEDED, BUT MAYOR HARRIS WILL TAKE IT TO COUNCIL TOMORROW NIGHT AND GET THE APRROVAL ON IT IF NECESSARY FOR SPECIAL COUNCIL FOR HELP WITH THIS MA~TER BECAUSE WE ARE INVOLVED IN AT LEAST'lg, MAYBE AS MANY AS 29 HOMES OUT THERE THAT HAVE LIENS ON THEM, THAT HAVE NOT BEEN FINISHED AND QUITE FRANKLY I DON'.T THINK ANYONE WANTS TO SEE THIS THING HIT THE PRESS AND HAVE THE NAME OF SEBASTIAN SMEARED AS IT HAS BEEN SMEARED BEFORE. I KNOW THE GENERAL CONTRACTORS DON'T WANT TO SEE BONDING, THEY DON'T WANT TO SEE PENALTIES FOR THE 97% GOOD CONTRACTORS WE HAVE FOR THE 3% OR 4% THAT WONDER IN FROM HERE OR THERE AND GIVE US A BAD NAME. WE WANT TO SEE THIS THING CLEANED UP AND CLEANED UP RIGHT AND FOR THAW REASON WE DO NEED SPECIAL COUNCIL ON THIS THAT CAN DEVOTE FULL TIME TO IT DURING THIS'NEXT WEEK AND BECOME AWARE OF IT AND I DON~T THI~K MR. ~ALMER HAS GOT THAT!TIME FRAME AVAILABLE, AND WE DO HAVE SOMEONE IN MIND THAT DOES HAVE THE TIME FRAME AND IS WILLING TO SPEND IT AND IN FACT HAS GONE OVER ALL THE PAPER WORK THAT IS IN YOUR PACKET. ROLL CALL: AYES: MR. CAPP MR. DERNBACK MR. HALLGREN CHAIRMAN' CAREY NAYS: VICE CHAIRMAN LAMAN MR. GREENIDGE MOTION CARRIED.