CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS

Transcription

1 CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS There was a meeting of the Indian River County (IRC) Construction Board of Adjustment and Appeals (CBAA) on Tuesday, January 30, 2007, at 12:00 p.m. in the Commission Chambers of the County Administration Building, th Street, Vero Beach, Florida. Present were members: Chairman Peter Robinson and Pete Clements, Division 1 Contractor Appointees; Dean Luethje, Engineer Appointee; Leon Walton, Electrical Contractor Appointee; Mark Dean, Mechanical Contractor Appointee; Dave Meek, Plumbing Contractor Appointee; Reverend Hugh King and Gayle Lafferty, Member General Public Appointees. Let the record show there is a vacancy for an architect member. Also present were IRC staff: William DeBraal, Assistant County Attorney; James Akins, Building Division Director; Betty Beatty-Hunter and Teresa Fieler, Contractor Licensing Investigators; Mona Klucinec, Building Support Specialist for Contractor Licensing; and Darcy Vasilas, Interim Executive Aide. Others present: Henry Stephens, Press Journal. Call to Order Chairman Robinson called the meeting to order. Approval of Minutes of November 28, 2006 ON MOTION BY Reverend King, SECONDED BY Mr. Luethje, the members voted unanimously (8-0) to approve the meeting minutes from November 28, 2006 as submitted. Election of Chairman and Vice-Chairman Attorney DeBraal explained according IRC Ordinance, a Chairman and Vice-Chairman must be elected annually. He opened the floor for nominations of Chairman of the Construction Board of Adjustments and Appeals for CBAA/Approved 1 January 30, 2007

2 ON MOTION BY Mr. Dean, SECONDED BY Mr. Clements, the members voted unanimously (8-0) to re-elect Peter Robinson as the Chairman of the Construction Board of Adjustments and Appeals for Chairman Robinson asked for nominations for the Vice-Chairman. ON MOTION BY Mr. Dean, SECONDED BY Reverend King, the members voted unanimously (8-0) to reelect Pete Clements as the Vice-Chairman of the Construction Board of Adjustments and Appeals for Ms. Darcy Vasilas, Recording Secretary, administered the testimonial oath to everyone who would be testifying at today s hearing. Item #4: Pryor Homes, Inc. Mr. James Akins, IRC Building Division Director, asked Ms. Betty Beatty- Hunter, IRC Contractor Licensing Investigator to present her report on Pryor Homes, Inc. Ms. Betty-Hunter reviewed the information contained in the agenda packet, a copy of which is on file in the Commission Office. Ms. Beatty-Hunter summarized the list of liens that had been placed against Pryor Homes, Inc. in the State of Florida Circuit Court within the past year and explained those liens fell under the Florida Statute , Disciplinary Proceedings. Attorney G. Russell Petersen, P.A., representing Mr. Pryor, stated his colleague, Attorney Barbara Satika, reviewed a letter dated January 13, 2007 written by Mrs. Dorothy Oliver advising Pryor Homes, Inc. had satisfied the lien from Rinker Materials with a copy of a Cashier s Check given to her as proof. Attorney Saticka continued Mrs. Oliver had withdrawn her complaint against Pryor Homes, Inc. and Mr. Elijah Pryor, Jr. had resolved the complaints. Mr. Pryor testified he was not aware of any lien until he received a Certified Letter from Rinker Materials attorney. Once he received the letter, he asked his secretary to contact Rinker Materials to verify there was actually money owed. He continued when he came into the IRC Building Department, he was issued a citation by Ms. Beatty-Hunter relating to the complaint made by Mrs. Oliver concerning the lien on her property. Mr. Pryor stated he immediately got a Cashier s Check and hand delivered it to Rinker Materials with a Release of Lien. CBAA/Approved 2 January 30, 2007

3 Discussion was held regarding the matter Mr. Pryor had not satisfied the lien within the 75 days required by law. Attorney Satika called Mrs. Oliver to testify. Mrs. Dorothy Oliver, th Avenue, Vero Beach, related the problems had all been taken care of. She added the process of renovating her home had taken entirely too long and when she received a letter from Rinker Materials attorney, she contacted Ms. Beatty- Hunter to file a complaint against Mr. Pryor. Mrs. Oliver recapped the series of events that had occurred since she had taken over finishing the work on her home from Mr. Pryor under his contractors license. Mr. Meek asked if there were any remaining liens against her home. Mrs. Oliver responded she was not aware of any. Attorney DeBraal asked how much the original contract was for with Mr. Pryor. Mrs. Oliver replied the contract was for $60,000 and she had obtained a bank loan for the repairs to her home. Mr. Robinson inquired how much Mrs. Oliver actually paid Mr. Pryor. Mrs. Oliver did not know exactly how much she had paid Mr. Pryor, but after she had paid Chambers Truss, there was approximately $35,000 left for her to complete the renovations herself. Mr. Pryor related he had met with Mrs. Oliver and they agreed to let Mrs. Oliver use the rest of her funds to finish the home herself. There was an outstanding lien to Chambers Truss at that time in the amount of $5,612 which had to be paid to allow the release of additional funds for her to complete work. Mr. Clements asked Mr. Pryor why he had not paid Chambers Truss himself so the work could continue. Mr. Pryor stated because Mrs. Oliver wanted to get the work done more quickly than he could go so it was agreed for her to pay off the lien then use the remaining money to complete the work. Mr. Dean questioned the 19 outstanding liens still involving Mr. Pryor for various jobs and suppliers. Mr. Pryor responded when his license was suspended by the CBAA in 2005, his business was greatly affected. He decided he would finish the outstanding contracts he had and then get out of the construction business. Mr. Pryor reported Chris Harrington from HCH Builders took on his outstanding contracts at the same cost Mr. Pryor had contracted for. Attorney Satika provided a list of the contracts HCH Builders had taken over, a copy of which is on file in the Commission Office. Attorney DeBraal questioned the $25,000 amount listed for the Oliver job on the building permit. Mr. Pryor explained Mrs. Oliver started out with an CBAA/Approved 3 January 30, 2007

4 addition of a garage, living room, master bedroom and bathroom, but much more work was added to the contract, so Mr. Pryor brought the revised plans into the Building Department and was never notified there were additional permitting fees owed. Attorney DeBraal asked why the contract was signed May 13, 2004 and the permit was received June 13, Mr. Pryor replied he had drawn up the blueprints for the additions Mrs. Oliver requested and with all the changes, it took time. Mr. Akins asked Mr. Pryor if he was currently qualifying any other businesses besides Pryor Homes, Inc. Mr. Pryor responded in the affirmative, adding he was qualifying as a masonry company named ENS Enterprises with a masonry contractors license. Ms. Michelle Nyberg, Chief Financial Officer for Ray Cooke Enterprises, stated she was here today because she had a judgment against Mr. Pryor that she filed and went to court last month in Martin County. She was at the hearing and Mr. Pryor was not there, so the case had gone to a judgment situation as opposed to a lien because her office did not file the proper Notice to Owner. Chairman Robinson asked Ms. Nyberg if this one case was the only outstanding issue she had with Mr. Pryor. Ms. Nyberg replied this was the only case and it had been unresolved since December 2005 for work done at th Street, Vero Beach. Chairman Robinson opened the Public Hearing at 12:46 p.m. Mr. Eugene Billero explained they had purchased a contract to build a house with Pryor Homes, Inc. in November 2005 after purchasing a lot in September He continued they received a building loan and had the first draw on November 5, 2005 in the amount of $21,000 that Pryor Homes, Inc. received to start building the house. The building process then began with Mr. Billero paying $1,042 for Mr. Pryor s builder s insurance and $150 for site design work. He paid interest on the money borrowed for the home for over a year with nothing being done on the property with a total invested in Pryor Homes, Inc. for $25, He would like to cancel the contract and be reimbursed. Mr. Billero added of the initial $21,000 draw, $7,500 was supposed to be for fill dirt, and that had not been done. Attorney DeBraal asked if a building permit had ever been pulled. Mr. Billero replied he called many times and was told the permit would be ready next week but it never was, as far as he was aware. CBAA/Approved 4 January 30, 2007

5 Attorney Satika gave a brief history of her dealings with the Billero home. She related she received correspondence in October 2006 from Attorney David Hancock indicating the Billero s desired to cancel their contract and had requested a refund of their deposit. She continued since that time she had been corresponding with Attorney Hancock to return the balance of the deposit money to the Billero s. Attorney Satika had provided Attorney Hancock with a breakdown of the costs Mr. Pryor had incurred on the Billero home but had not received a response. Chairman Robinson asked what costs had been incurred by Mr. Pryor. Attorney Satika replied there had been a contract deposit of $1,000 to close the lien, there was a $3,000 charge for the building plan and truss layout Pryor Homes, Inc. had performed, $750 for engineering plans, $500 for surveys, energy calculations for $400, $400 for Manual-J s, and $8,214 for building impact and application fees. Chairman Robinson asked for clarification of the building impact fees had been paid but the actual building permit had not been pulled. Mr. Pryor responded everything had been signed off and he had been waiting for the survey to be approved by the IRC Engineering Department. Attorney DeBraal questioned the $21,000 draw Mr. Pryor had initially received and how much of that money had been spent. Attorney Satika replied the amount intitially given to Mr. Pryor was $20,625 and the amount she had been trying to return to the Billero s was approximately $4,361, with a total cost incurred by Mr. Pryor as of October 2006 at $16,264. Mr. Billero testified had had a conversation with Mr. Pryor in May 2006 where he told Mr. Pryor if he could not build his house to just give his money back. Mr. Donald Porrett, related in November 2005 he gave a check to Pryor Homes, Inc. in the amount of $38,450. He also wanted out of his contract because his lot at 1946 S.W. 15 th Avenue, Vero Beach had been cleared but no fill dirt or grading had been done. In October 2006 he received an anonymous phone call regarding Mr. Pryor informing him that Mr. Pryor was just stringing him along. Mr. Porrett stated Mr. Pryor did not become interested in building his home until he took legal action by hiring Attorney Chester Clem. Attorney DeBraal asked Mr. Porrett if he had been contacted by anyone from HCH Builders. Mr. Porrett replied negatively. CBAA/Approved 5 January 30, 2007

6 Attorney Satika explained in October 2006 she had received a letter from Attorney David Hancock inquiring if her client, Mr. Pryor, was interested in cancelling the Porrett s Contract for Sale and Purchase and returning the client s deposit money. Mr. Pryor indicated he would be agreeable to doing that and correspondence went back and forth between the two attorneys for two months. At that point Attorney Satika called Attorney Hancock and provided the balance amount to be returned along with a breakdown of all monies that had been expended. There was an agreement that everything that had been prepared by Pryor Homes, Inc. would be supplied to Mr. Porrette so they could use the plans for another builder to build their home. In December 2006 she spoke with Attorney Hancock who informed her he had turned the case over to a litigation attorney, Attorney Chester Clem. Attorney Satika testified on December 21, 2006 she received correspondence from Attorney Clem and he had asked her to respond within 20 days. She provided Attorney Clem a breakdown which showed $17, of the original $38, deposit money would be returned. Chairman Robinson asked for a breakdown of the expenditures made by Mr. Pryor. Attorney Satika provided the following: $3,000 for the building truss plan layout; $1,100 for engineering plans; $1,200 for surveys and revised surveys; $400 for Manual-J s; $400 for energy calculations; $7,300 lot clearing fee; and $8,086 to Billero Properties representing a commission. This was a total of $21,486 with a balance to be refunded of $17, Ms. Beatty-Hunter reported the building permit for the Billero home had been applied for but not issued. Ms. Dalyce Wood, 3312 S.W. Sage Avenue, Palm Bay, related she contracted with Mr. Pryor in December 2004 and was told it would take nine months, give or take a couple of months, to complete her home. Her lot was not cleared until September 2005, and the wrong lot adjacent to hers, was cleared. She waited 20 months before she severed her relationship with Mr. Pryor at which time she hired another contractor to complete her home. Ms. Wood reviewed the series of events she went through in dealing with Mr. Pryor. She hired an attorney, a new contractor, and her home was completed within two months. Ms. Wood stated she paid approximately $50,000 of her own funds to pay the contractors that had not been paid by Mr. Pryor. Ms. Wood had filed notice with the State of Florida and had been notified they deemed there was enough evidence to warrant an investigation of Pryor Homes, Inc. Ms. Wood provided documents and pictures to the Recording Secretary to keep on file in the Commission Office. CBAA/Approved 6 January 30, 2007

7 Attorney Satika stated Mr. Pryor had a pending lien against Ms. Wood s property recorded in Brevard County for $22, She pointed out Pryor Homes, Inc. had counter and cross claims involving the title insurance company, the bank that dispersed funds in violation of a lien that had been recorded. Attorney DeBraal asked how many active lawsuits Mr. Pryor had against him. Attorney Satika replied her firm was not representing Mr. Pryor in the lawsuit with Ms. Wood, she was not aware of litigation regarding Mr. Porrette s case, and she was not involved in any litigation against Pryor Homes, Inc. in Indian River County or any other jurisdiction. Mr. Olaf Brell, fiancé of Ms. Wood, asked to add to Ms. Wood s testimony, that at the time when they were unable to get in contact with Mr. Pryor to find out what the long delays were attributed to, they found out from the bank draws had been made for work that had not been done. At that time a letter was sent to the bank requesting no additional draws were to be dispersed without Ms. Wood s approval. When that occurred Pryor Homes, Inc. informed Ms. Wood they would stop work on her home. Mr. Brell testified after three months of working with attorneys, Ms. Wood filed for abandonment on the contract with Pryor Homes, Inc. Mr. Richard Caesar, and his wife Isabela, reported they had contracted with Mr. Pryor in February 2005 to build them a home in Palm Bay. Mrs. Caesar related the series of events on the construction of their home and had paid Mr. Pryor $103,000. In addition, they had to pay approximately $45,000 to finish the house themselves. Attorney Satika testified the Caesar s had cancelled their contract and executed a general release in favor of Pryor Homes. She provided a copy to the Recording Secretary which will be placed on file in the Commission Office. Mrs. Caesar stated part of the release stipulated Mr. Pryor would complete their driveway at his expense. She continued Mr. Pryor finally came to frame-out the driveway and it failed inspection so they had to find another contractor to complete the work. Mr. & Mrs. Gene Cornell, address listed as homeless, related their dealings with Mr. Pryor since they signed a contract in May They stated Mr. Pryor was building them a home at 1073 Evernia, Sebastian, and went through the list of problems they had in getting a home built. They were living with one of their children because their house was still just a shell. Ms. Mary Kestner, previous office manager for Pryor Homes, Inc., apologized for the statements she made at previous BAA hearings in favor of Mr. CBAA/Approved 7 January 30, 2007

8 Pryor. She resigned December 8, 2006 after working for Mr. Pryor 21 months because of the way Mr. Pryor had treated his customers. She continued she also was filing a lawsuit against Mr. Pryor for back overtime pay in the amount of $18,000. Ms. Kestner told of the inability to reach Mr. Pryor and the fact the Porrett s building permit package had been sitting in the office for months because Mr. Pryor did not want her to submit them to the IRC Building Department until he was ready, not within the 30 day timeframe they were supposed to be submitted. Ms. Kestner testified Mr. Pryor was out laying block with his masonry business making lots of money while the houses were not being built. She had been told by one of the customers that had been turned over to HCH Builders that they were being charged an additional $12,000 to build their home and could not afford it so the house was not being built. Ms. Kestner also related she had completed paperwork for a new construction corporation for Mr. Pryor at his request, prior to her resignation. Ms. Kestner asked the CBAA to revoke Mr. Pryor s contractor s license so he could no longer lie and hurt the innocent people that had trusted him to build them a home. Mr. Mark Pettrick stated he previously had a contract with Mr. Pryor and had given him $18,400. There was no work done on the property and he finally agreed to settle for $2,500 to move forward to have another contractor build him a house. Chairman Robinson closed the public hearing at 1:55 p.m. Mr. Akins reported the recommendation of staff was to revoke Mr. Pryor s contractor s license permanently. ON MOTION BY Mr. Meek, SECONDED BY Mr. Clements, the members voted unanimously (8-0) to revoke Mr. Pryor s contractors license. Mr. Clements asked if Mr. Pryor could come in and apply for another contractors license under a different legal entity. Mr. Akins responded there would need to be a different qualifier and he could not get a license in IRC for a contractors license. He added this notice of license revocation would go to the State of Florida and any other county where he had reciprocity. CBAA/Approved 8 January 30, 2007

9 Chairman Robinson called for a break at 1:57 p.m. and the meeting resumed at 2:05 p.m. Item #5 Hurley Builders, Inc. Ms. Teresa Fieler, IRC Contractor Licensing Investigator, reported since 2006 she had 15 permits pulled for aluminum work on the outstanding contracts held by Mr. Hurley. Ms. Fieler stated a complaint had been filed by one of those clients, Mrs. Sandra Jansen, for a pool enclosure that had passed inspection on September 28, Mrs. Jansen had paid a total of $8,339 with a balance of $4,000 due. The petitioner believed the job should not have passed the final inspection because of her complaints. Ms. Fieler stated staff had re-visited the jobsite and did an inspection report. The petitioner wants the job corrected and completed before the final funds were released. Chairman Robinson asked if the job passed the re-inspection. Ms. Beatty- Hunter referred to the inspection report contained in the agenda packet and on file in the Commission Office. Mrs. Sandra Jansen, th Avenue, S.W., reviewed her letter also included in the agenda packet relating the series of events regarding her screened enclosure. Mr. Akins clarified Mr. Hurley s license was suspended but he was allowed to complete the outstanding jobs on the previously approved list. Mr. Bruce Hurley related as stated by staff, Mrs. Jansen s job had passed final inspection on September 28, He had kept detailed records of all correspondence with Mrs. Jansen and when he first became aware of the complaints he sent someone to look at it. He felt obviously since it had passed inspection, one of the things he normally did was to collect the final payment. Any issues after that time would be considered a warranty issue. He continued Mrs. Jansen was unwilling to make final payment but demanded changes be made to her screened enclosure. Mr. Hurley testified from the report he received from the person he sent to go over Mrs. Jansen s complaints, he learned there were some problems with the job, mostly aesthetic issues. Chairman Robinson interjected and asked Mr. Hurley what he planned to do about the problems found. Mr. Hurley proposed to CBAA/Approved 9 January 30, 2007

10 Mrs. Jansen since typically when a property passed inspection, final payment would be due. Mr. Akins interrupted and said that job should never have passed inspection and that inspector recognizes that fact now. He went back out to the property with another IRC Building Inspector, and was shown the things that should not have passed inspection. Mr. Hurley rebutted he would like to get the issues corrected for Mrs. Jansen but would like something in writing because there had been a lot of problems with other customers demanding work to be done then refusing to make the final payment. A lengthy discussion ensued and Mr. Akins explained one of the problems with the inspections for screened enclosures, was the Building Code stated the inspector could not judge quality of workmanship and so the inspections were only for correct placement, the frame must be plumb and fastened correctly. He continued the existing frame was not currently meeting either of those requirements and that was all they were requesting of Mr. Hurley. Mr. Clements opined it was not appropriate to penalize Mrs. Jansen with the written agreement and if the whole enclosure needed to be torn completely down and rebuilt correctly, that was what should be done. Ms. Winifred Whitney, st Street, related she contracted with Hurley Builders in June 2005 at which time she gave him over $4,400. A building permit was never pulled, she had been told the enclosure would be completed within 60 days and that never happened, telephone calls were not answered or returned, and written correspondence was not answered. She filed claims with every regulatory agency she could, and finally contracted with another company who performed the job superbly. Ms. Whitney referred to a letter she had received from an attorney that was poorly copied, and stated if you have any questions, please contact us but everything was blacked out that had contact information. She had requested her money several times but had not yet received it. Mr. Jerry Koziel, th Court, Vero Beach, strongly urged the CBAA to take strong action against Mr. Hurley to uphold the building standards of IRC. Mr. Charles Starsovich, rd Court, Vero Beach, related on June 10, 2005 he signed a contract in the amount of $8, with Hurley Builders for a job that was to be completed by August 10, He paid a deposit of $3,000 and received a letter August 23, 2005 offering to refund his money and cancel the contract due to production and labor difficulties. Mr. Starsovich responded CBAA/Approved 10 January 30, 2007

11 he wished to cancel his contract and receive his $3,000 back and was requested to provide several documents such as a copy of the check he had submitted, and then his request for refund was refused. On February 2, 2006 he contacted the IRC Sheriff s Department and provided a statement and submitted a form to a deputy. He had not heard anymore until he contacted Ms. Beatty-Hunter. Mrs. Melissa Roberts, th Street, S.W., testified she had signed a contract with Hurley Builders in June 2005 and provided a $3,800 deposit with the promise the work would be done by the end of summer. She kept in close contact with Hurley Builders and was told their check appeared to have been one taken by the fraudulent company posing as Hurley Builders. Mrs. Roberts related she had been told another permit was being pulled. They had faith they would get their pool enclosure built but were leery now after listening to the other accounts. Ms. Edwina Van Antwerp, 1050 Roseland Road, Sebastian, reported she signed a contract with Mr. Hurley in August When it was submitted to her insurance company, it was turned down because they wanted copies of her paperwork. She obtained the additional paperwork from Mr. Hurley and had given him a deposit of $4,500 and would like to work with Mr. Hurley if he would enclose a porch for her parents. Mr. Hurley explained per his legal counsel, and the Florida Department of Law Enforcement, in order to assist anyone else involved in the fraud issue, new contracts were drawn up to move forward. He rented a conference room in Ft. Pierce to meet with the customers to explain what was going on, to answer their questions, and wrote up the paperwork necessary for him to continue in doing their contracted work. Part of the reason that was done was to have a legally binding agreement between the parties to avoid any confusion. Mr. Akins reviewed the history of Mr. Hurley s attempts to address the outstanding contracts, noting 50% of all permits he had applied for had passed inspection. He added there were changes in aluminum engineering and there were now new requirements that Mr. Hurley had been able to grasp and his permit applications were going through much more timely. Mr. Akins asked Mr. Hurley what his status was in the City of Sebastian. Mr. Hurley responded the City of Sebastian had eliminated his ability to pull permits, so any job within their jurisdiction had been assigned to a different contractor, ASAP Aluminum that was able to pull the permit and get the work done. He continued in St. Lucie County and the City of Port St. Lucie he was able pull permits and he was filing them on a weekly basis. CBAA/Approved 11 January 30, 2007

12 Mr. Akins stated staff recommended the CBAA continue the current situation with Mr. Hurley by keeping his license in suspension and closely monitoring his progress while he continued to complete the work on the original list of outstanding contracts. Ms. Fieler reported of the 83 initial contracts, there were 69 remaining. Mr. Hurley stated the vast majority of those 69 remaining contracts had either decided to not put up a screened enclosure at all, had pursued civil action, or hired another contractor to do the work with no claims against Hurley Builders. He had pursued diligently to satisfy those customers who would allow him to do the work. Reverend King asked if he would be willing to tear down Mrs. Jansen s screened enclosure and rebuild it if that was what it would take to make things right. Mr. Hurley responded he would do whatever was required by the inspectors. Mr. Clements asked for an update on what the Board could expect. Mr. Hurley offered to provide an updated list with an estimated time for completion. Mr. Dean stated he would like to see Mrs. Jansen s job completed by the February 27, 2007 CBAA meeting. ON MOTION BY Mr. Clements, SECONDED BY Mr. Walton, the members voted (7-1) to continue Mr. Hurley in a suspended license status, to review his status at the next meeting scheduled for February 27, 2007, and consider refunding the clients that request their money be returned in those cases not involved with the fraud incident and in which no fees had been expended from their deposits. Also to have Mrs. Jansen s screened enclosure completed satisfactorily according to the building inspector s report. Chairman Robinson opposed. Item #6 J & D Roofing, Inc. Ms. Fieler reported J & D Roofing, Inc. came before the CBAA in June 2006 for two major complaints from Ms. Jean Borcher and Ms. Martha McCleary. Ms. Borcher ended up changing contractors and Ms. McCleary had pending issues that had been taken over by legal counsel. Ms. Fieler noted since the June 2006 hearing, J & D Roofing had been on suspension to allow them to clear outstanding issues. Of all the issues on the outstanding list, one had been completed with all other permits expired. J & D Roofing had paid to reissue six permits but had not finaled those out. CBAA/Approved 12 January 30, 2007

13 Mr. Akins stated staff s recommendation was for permanent revocation of the license for J & D Roofing, Inc. ON MOTION BY Mr. Luethje, SECONDED BY Mr. Meek, the members voted unanimously (8-0) to approve staff s recommendation of license revocation. Item #7 Bilco Roofing, Inc. Ms. Mona Klucinec, IRC Building Support Specialist for Contractor Licensing, reported Bilco Roofing, Inc. had been registered in IRC since September 2004 and had pulled 74 total permits, 22 of which had received final inspections. Of the remaining permits, 52 were open, 27 had no inspections, 4 with scheduled finals only and failed, 18 with some passed inspections and no finals, 1 no passed inspection, and 1 scheduled but not ready. Ms. Klucinec had received complaints regarding Bilco Roofing, Inc. and noted IRC had a permit with them that was never closed out for property located at st Street, Vero Beach. Ms. Sharon Roll, th Street, Vero Beach, testified Bilco Roofing, Inc. installed a roof on her home in March Her roof leaked which resulted in some of her furniture being damaged. When she came to the IRC Building Department to file a complaint, she discovered a permit had not been pulled for the work. Ms. Klucinec testified a permit was finally pulled in August 2006 after she had made several calls to the contractor. Mr. Billy DeWayne Polly, owner of Bilco Roofing, Inc., explained he accepted the responsibility of not pulling all the roofing permits he needed. The reason was the number of jobs he had going at once and he had returned to Ms. Roll s house and met with an inspector to look at the areas of concern. He agreed to buy Ms. Roll a new dining room table but there were issues because it was not able to be replaced to match the set including chairs and a china hutch. Mr. Polly was willing to make restitution to Ms. Roll and clear any outstanding issues. Attorney DeBraal asked what would need to happen to get the inspections. Mr. Akins replied he could accept an affidavit signed by homeowners stating the work was completed by Mr. Polly with the guarantee he would fix any problems that may arise. Mr. Akins recommended suspending Mr. Polly s license for one month, until the next CBAA meeting scheduled for February 27, 2007 to allow him to CBAA/Approved 13 January 30, 2007

14 clear all violations. He would also not be able to pull any new permits during this time. Other Matters ON MOTION BY Mr. Clements, SECONDED BY Mr. Dean, the members voted unanimously (8-0) to approve staff s recommendation to suspend Mr. Polly s license and if he cleared all violations before the 30 days, he could have his license reinstated to active status. There were none. Confirmation of Next Meeting Date Chairman Robinson confirmed the next meeting would be held February 27, Adjournment Chairman Robinson adjourned the meeting at 2:59 p.m. CBAA/Approved 14 January 30, 2007