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HomeMy WebLinkAbout05261982The Sebastian Construction Board Special Hearing, May 26, 1982 Howard & Carol Carswell vs. Camino Royale, Inc. RE: LOt 23, Block 492, Sebastian Highlands Unit 915 Hearing called to order by Chairman Ed Paluch at 4:15 p.m. Present: Ed Paluch, Greg Palmer, John Calmes, Don Langlois, Chris Kirrie, Huston Tripp. Letter of complaint from Howard and Carol Carswell read by Building Official, Arthur Mayer. Copy attached. Ed Paluch informed the Board that a certified letter was sent to Bernard L. Bookstein, the qualifier on record for Camino Royale, Inc., requesting his appearance at this hearing. Letter read by Arthur Mayer. Copy attached. Mr, Bookstein's reply was read by Mayer. Cop~es attached. Paluch questioned Mayer about events leading up to the transfer of permits from William DeCarlo to Bernard Bookstein. Mayer read authorization from DeCarlo. He then read letter of resignation from DeCarlo. Mayer was questioned by Chris Kirtle as to the chronological order of events. It was clarified that we received notification of resignation on October 18. We mailed a letter to DeCarlo on October 27. He answered on November 11. Copies attached. Mayer then informed Tony Guadragino, the supervisor for Camino Royale, Inc., that he would need a new qualifier for the corporation. Guadragino then brought in another letter of authorization from Bernard L. B66kstein accepting responsibility for the permits on LOt 15, Block 218, Sebastian Highlands Unit #8; LOt 23, Block 492, Sebastian Highlands Unit #15; LOt 56, Block 176, Sebastian Highlands Unit 96; and any future building permits. Mayer informed the Board that the Department of Professional Regulations is pursuing William DeCarlo as well as Bernard Bookstein. Kirrie question~'d'Whether the DPR has taken any action against ~ither man. Mayer explained the procedure for an investigation. Paluch informed the'Board that he had spoken to Mrs. Bookstein after receipt of the letter from her husband. He advised"her that her husband or counsel should be at this hearing. It was verified that no one representing Mr. Bookstein had attended. Paluah, after talking to Mrs. Bookstein, then called Tom McAndrews with the DPR. McAndrews had also received the original copies of the correspondence from Mr. Bookstein. Paluch questioned McAndrews about the possibility of immediate action by the state against Bookstein's license. McAndrews indicated that since the DPR had documented evidence of violations against the state licensing laws, he felt sure the state would take immediate action. But, McAndrews explained that the evidence would have to be reviewed by their attorney for a definite ruling. The violations are: 1. Qualifier must be a member of the corporation; 2. Aiding and abetting an unlicensed contractor; 3. Denial of responsibility for the permits. The Sebastian Construction Board Special Hearing, May 26, 1982 Page 2 The Board then heard from Rene Van-deVoorde, the attorney for Howard & Carol Carswell. He confirmed that the letter received from the Carswells was correct. He had some other correspondence concerning other outstanding debts, but, at this time, no other liens had been filed against the Carswell property. Calmes questioned whether releases of l~ens had been required by Rene and~he bank before the draws were released. Howard Carswell said the contract signed with the bank didf. call for releases but did not know if they had them. Rene explained that he had requested copies from the bank but had not received them at this time. It was verified that all money WaR paid to Camino Royale, Inc. There was a lengthy discussion about the facts presented and-the power given to the Board by the City of Sebastian's Licensing Law. It was pointed out tO<%the Board that the house started by Camino Royale, Inc. on Lot 26, Block 104, Sebastian Highlands Unit #2, had been stopped by the owners and their attorney because they had already received notices of liens. There was much discussion on the penalty to be imposed on each of the contractors. Motion by Huston Tripp: William DeCarlo, License #CGC105996, have license suspended in the City of Sebastian until all liens are paid and all matters are settled on permits pulled under his ticket. Bernard Bookstein, License %CBC003161, be revoked based on evidence received that he is in violation of the state statute, "Aiding and abetting an unlicensed contractor". Seconded by John Calmes. Motion amended by Huston Tripp to also reco~nend to the-state, that they also suspend and revoke these licenses. Also, upon the advise of our city.attorney, that the maximum administrative fine be imposed against both. Seconded by Palmer. A~endment carried. Motion carried. Mayer then informed the Board that he had received a phone call from Tony Guadragino this afternoon before the hearing. Tony told Mayer that he would be willing to offer a solution to the unpaid bills. Camino Royale, Inc. has a model ho~e on Lot 15, Block 218, Sebastian Highlands Unit ~8, which is mortgage free. Tony is to receive 50% of the profit.when the house is sold. Tony,is willing to sign notes to all sub-contractors to be paid upon the sale of this house. Mayer stated that he had seen a letter signed by Deno Belcastro to Tony that they would split the profit at the time of sale. Tony was to stop by Mayer's office on Thursday to discuss this possibility. Motion by Tripp to adjourn. Seconded by Palmer. Motion carried. Meeting adjourned at 5:30 p.m.