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, March 27, 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, Division 1 Contractor Appointee; Dean Luethje, Engineer Appointee; Dave Meek, Plumbing Contractor Appointee; Reverend Hugh King and Gayle Lafferty, Member General Public Appointees; and Dave Stokes, Alternate Mechanical Contractor Appointee. Absent were Leon Walton, Electrical Contractor; Pete Clements, Division 1 Contractor Appointee (both unexcused); and Mark Dean, Mechanical Contractor Appointee, (excused). 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, Contractor Licensing Investigator; and Darcy Vasilas, Interim Executive Aide. Call to Order Chairman Robinson called the meeting to order at 12:02 p.m. Approval of Minutes of February 27, 2007 Chairman Robinson noted on the February 27, 2007 minutes member Leon Walton was listed as both present and absent and asked to list him correctly as absent. ON MOTION BY Mr. Luethje SECONDED BY Ms. Lafferty, the members voted unanimously (6-0) to approve the meeting minutes from February 27, 2007, as corrected. Item #3 Hometown Roofing Mr. James Akins, IRC Building Division Director, asked Ms. Betty Beatty- Hunter, IRC Contractor Licensing Investigator, to read into the record the Administrative Complaint, a copy of which is on file in the Commission Office. CBAA/Approved 1 March 27, 2007

2 Mr. Akins reported based on this complaint, staff pulled a permit status report on this respondent and noted there were a number of permits pulled during the time he was licensed since January 21, 2004, 92 of which he received final inspections, 24 more that had some inspections, and 42 that were issued and were in various stages of work and had not been inspected at all. Mr. Akins explained he had requested Mr. Billy Parsons, doing business as Hometown Roofing to come into the office to discuss ways to clear the open permits, but to date has had no response. Mr. Akins was informed Mr. Parsons was working out of state. Mr. Parsons, nor anyone representing Hometown Roofing was present at today s hearing and no one present wished to speak on this case. Mr. Akins recommended revoking Mr. Parsons license. Attorney William DeBraal, IRC Assistant County Attorney, asked if there had been any other complaints. Ms. Beatty-Hunter replied there had just been the one complaint filed by Mr. Stephen Ryan. Attorney DeBraal asked if there was any evidence there had been activity on any of the permits pulled. Ms. Beatty-Hunter related there had been many attempts by her co-worker, Ms. Teresa Fieler, IRC Contractor Licensing Investigator, to contact Mr. Parsons but he did not respond. Mr. Luethje felt the Board should continue the suspension of Mr. Parson s license to give him an opportunity to finish up the open permits. ON MOTION BY Mr. Luethje, SECONDED BY Mr. Stokes, the members voted unanimously (6-0) to continue the suspension of Mr. Parson s license and asked Mr. Akins to make physical inspections on some of the open permits to determine if the work was complete. He also recommended publishing a notice in the newspaper or on the public access channel to contact the Indian River County Building Department if anyone had problems with Hometown Roofing. Mr. Akins explained the homeowners needed to get the permits finalized to clear their property records. If Mr. Parsons did not respond to the requests to complete the work, the homeowner would need to get another contractor to finish the work. CBAA/Approved 2 March 27, 2007

3 Mr. Akins offered to send letters to all homeowners having an open permit with Hometown Roofing informing them of the issue of clearing the permits and would report back to the Board at the next meeting scheduled for April 24, Item #4: Bilco Roofing, Inc. Mr. Akins recapped at the February 27, 2007 CBAA meeting, the Board voted to continue Mr. Polly s suspension for an additional 30 days, until March 27, 2007, at which time the Board would determine if the inspections had been completed in a timely manner. Mr. Akins noted there were some inspections done in March, 2007, one passed, four were cancelled, and 13 of the inspections failed. Ms. Darcy Vasilas, the Recording Secretary, administered the testimonial oath to everyone who would be testifying at today s hearing. Mr. Polly, representing Bilco Roofing, Inc. reported he had an IRC Building Inspector come in on a Saturday to do 14 inspections and was told the permits would be signed off. Mr. Akins noted it appeared the 14 inspections had been failed. Mr. Akins stated because there was some confusion on the status of the inspections, he recommended continuing the case. ON MOTION BY Mr. Luethje, SECONDED BY Reverend King, the members voted unanimously (6-0) to continue the case at the next meeting scheduled for April 24, Item #5: Hawaiian Pool Builders, Inc. Ms. Beatty-Hunter read the Administrative Complaint into the record, a copy of which is on file in the Commission Office. Mr. Akins reviewed the complaints he had received and noted an notice had been distributed by Mr. Mike Kerr to all homeowners stating Hawaiian Pool Builders, Inc. was unable to complete their projects. He continued 38 pools out of 51 contracted by Hawaiian Pool Builders, Inc. and/or their predecessor corporation, Innovative Concepts and Design, in Indian River County were now distressed. CBAA/Approved 3 March 27, 2007

4 Mr. Akins reported staff had determined from telephone and verbal reports from suppliers and subcontractors that substantial amounts were owed for work already in place which may result in liens against the properties of the contracted owners. Notice had been received moments ago that a substantial number of liens had been filed totaling $74, so far. He added the homeowners had made substantially front-loaded payments to Hawaiian Homebuilders, Inc. which funds had been apparently diverted to uses other than meeting construction costs. Mr. Akins testified Hawaiian Pools, Inc. and/or related companies had embarked on a substantial advertising campaign and had purchased and improved real estate without appropriate permits; had made deposits from customers of Hawaiian Pool Builders, Inc. into various companies, some other than Hawaiian Pool Builders, Inc.; and had not provided proper accounting for the funds received from the customers. In view of the above, staff had suspended the activities of Hawaiian Pool Builders, Inc. and related companies and brought them before this Board today for a hearing. Certain activities of other related companies which staff had investigated had been determined to not be under the jurisdiction of the IRC Building Department, and those activities had been referred to other authorities for adjudication. Mr. Daniel Denton, the former license holder for Hawaiian Pools, Inc., offered to get the outstanding work done the best he could without any funds. He related he had met with staff to explain his situation with his previous relationship with Hawaiian Pool Builders, Inc. and although he had not been able to retrieve all of his equipment brought into the business last year when he merged with Kerr s to operate as Hawaiian Pools, Inc., he would do what he could until he could get back on his feet. Mr. Denton stated he had nothing to do with the activities just presented by Mr. Akins, and explained he had no connection effective February 14, 2007 with Mr. Mike and Mr. Matt Kerr because they removed him from the corporation at that time. He had issues with the manner the Kerr s were conducting business so he withdrew himself from their activities. He wished to have on record that he had no connection, nor would he have any connection with the Kerr s in terms of this hearing. Chairman Robinson asked if Mr. Denton had been the permit holder who pulled all the permits for the outstanding jobs. Mr. Denton replied in the affirmative and stated he had been doing everything he possibly could to remedy the situation. He pointed out in the 30 years he had been in business there had been no liens placed against him, and there had been no disciplinary action taken against him by any licensing agencies. CBAA/Approved 4 March 27, 2007

5 Chairman Robinson asked if the Kerr s had controlled all the funds and Mr. Denton replied he was responsible for only making sure suppliers, subcontractors and employees were paid and those were the only items he signed for. All types of advertising, and major purchases were not done by him. Mr. Luethje inquired how many permits Mr. Denton had outstanding. Mr. Akins replied there were 38 open permits. Mr. Luethje asked if IRC had suspended Mr. Denton s license and Mr. Akins answered in the affirmative. Attorney DeBraal asked Mr. Denton when customers signed contracts did he execute the contracts on behalf of the corporation. Mr. Denton stated he reviewed the contracts for profitability, and at that point he would be the executor of the contracts. Attorney DeBraal asked if the customers were contracting with Mr. Denton or another corporate entity. Mr. Denton explained the company had become a very large conglomerate within months and he felt there was more work than they could control, and the customers were contracting with Daniel Denton, doing business as Hawaiian Pool Builders, Inc. Mr. Akins asked Mr. Denton if he had obtained any of the equipment listed with staff previously that he had been unable to get returned from the Kerr s. Mr. Denton replied he had been able to secure four of the items on the list, but the rest he has been unable to determine its location. He continued the copings were a signature piece he had developed and it was important for him to have the copings returned to allow him to complete the work. Mr. Denton explained he had been previously doing business as Innovative Concepts and Design and had operated with two men and a truck, then he was offered the opportunity to expand his business by merging with the Kerr s as Hawaiian Pool Builders, Inc. Discussion was held regarding the handling of funds within the corporation and Mr. Denton testified in the beginning all three partners could sign the business checks and each had a business debit/credit card with a $3,000 limit. Attorney Steven Fromang, representing the Kerr s, explained he had been retained just today, and had not been able to review the petition or the other documentation being discussed at this hearing today, and he felt it would only be fair to determine if the testimony given by Mr. Denton was true and would be asking for a continuance. He further recommended his client to not speak at this hearing. CBAA/Approved 5 March 27, 2007

6 Attorney DeBraal asked Attorney Fromang if he was aware of any litigation that had been entered into. Attorney Fromang responded he had not been able to review any of the files and could not answer the question. Ms. Lila Bryant, 1336 Scarlet Oak Circle, related she had her pool almost finished except she had not had a final inspection. Her main concern was with the subcontractors because she could no longer answer her door without receiving a lien against her property. Because her livelihood depended upon her having access to the equity in her home, it had caused great difficulties for her. She stated although she did not personally have any problems with Mr. Denton, he had brought the subcontractors to her home. Chairman Robinson inquired about the liens placed on Ms. Bryant s home. She related she had an official lien of $8,600, and two notices from other suppliers, one for the plastering of her pool for $2,500 and one for the supplier of her heat pump for $2,500. Mr. Akins asked Ms. Bryant if she had received any type of notice from the Kerr s. She responded she had received a letter stating they were ceasing business and to contact someone else they recommended to finish her pool. Chairman Robinson asked who initially collected her money. Ms. Bryant replied she gave her initial deposit to her salesman, Mr. Joe Molinero, and then another check was mailed and went to a supervisor, Mr. Ben Ellis. Both checks were made out to Hawaiian Pool Builders, Inc. She added she had requested on several occasions Releases of Lien but had never received them. Discussion was held on the parameters this Board had for taking action. Chairman Robinson explained the CBAA could only take away a license, if someone wanted legal advice they were advised to speak to an attorney. Chairman Robinson also pointed out this proceeding could only take action against Mr. Denton, as he was the only one with a license involved. Mr. John Johnston, 747 S. Easy Street, Sebastian, explained his wife had filed a complaint and noted when they contracted for a pool, it was listed as Hawaiian Pool Builders, Inc. in the advertising and was told Mr. Denton, from Innovative Concepts & Design was an engineer doing business for several years in Vero Beach. Mr. Johnston related Ms. Shelly Adamski was the salesperson they had dealt with and she assured them Hawaiian Pool Builders, Inc. did all the work themselves including pool enclosures and fencing, and did not use subcontractors. Mr. Johnston testified everyone that worked on his pool was a subcontractor and he never had Mr. Denton on the property to review how the pool was coming along. CBAA/Approved 6 March 27, 2007

7 Mr. Johnston reported $39,000 had already been paid and they had the deck, the coping was a mess and was re-done three times and since that time, several local pool companies had come out to determine what was left to be done and he was told there were several things that were not done correctly. He had been told it would cost approximately $8,000 to $10,000 to finish his pool. He continued all checks were not endorsed but were just deposited into an account. Mr. Johnston testified Mr. Matt Kerr had called him from Ohio, stating he was there trying to sell his home, and gave Mr. Johnston several names of people to contact to finish the pool but that the money would have to come out of his pocket. No attempt was made by Mr. Kerr to help pay for the completion of the pool. Ms. Lilliana Perez, st Avenue, Vero Lake Estates, related she signed a contract with Hawaiian Pool Builders, Inc. on August 7, 2006, and had paid $43,500 to date on a total contract of $46,243, and the pool was still not finished. She had called and stopped by the office several times to determine why the pool had not been completed and never got a response. She received a letter last week stating they were sorry, but they could not complete her pool. After calling another company in to finish the job, she was told it would cost close to $20,000 to finish and she does not have the money. Ms. Debbie Taglinger, rd Circle, Vero Beach, reported she had contracted with Mr. Denton, when he was operating under Innovative Concepts & Design in April, 2005 and her pool was supposedly completed in November, 2005 but there had been no final inspection. Her pool heat pump was not as efficient as she was told that it should have been so she had someone come out from Aquatic Pools to look at it and they traced the serial numbers to find the pump was five years old. Chairman Robinson asked Ms. Tagliner if she could use her pool and she replied in the affirmative. She also added she did not have any liens filed against her property. Mr. Akins reported if a person does not have a final inspection, it would remain as an open permit on a property record and if they go to sell the property, it would need to be remedied before closing could take place. Mr. Luethje inquired if Hawaiian Pool Builders, Inc. was a licensed company in Ohio as well since that was were the Kerr s were residing. Ms. Beatty-Hunter testified she contacted the Building Department in Toledo, Ohio to CBAA/Approved 7 March 27, 2007

8 inquire on the reputation of the company. She was told in Ohio they were working as a subcontractor building a pool at a Holiday Inn water park. In that state a licensed builder must pull the permit but could hire an unlicensed subcontractor to do the work. Ms. Rhonda Oxman, a friend of David Myer who had a pool put in by Hawaiian Pool Builders, Inc., explained she had been doing some research on the Kerr s and their parent corporations and found they sit on the Boards for several companies and listed Traffic, LLC; Big Wig Productions, LLC; and Fact, LLC, among others. She was informed by the Secretary of State for Ohio when a person submits for corporate paperwork a sentence that reads to engage in lawful activity permitted under the laws of the states in which it conducts business so they do not have to give any information detailed or otherwise about what type of corporations they were setting up. Mr. David Myer, 108 S.W. Eyerly Avenue, Port Saint Lucie, reported he had gone on the internet to inquire on corporations in Florida, and found Hawaiian Construction Pools and Enclosures had been filed with a different president, but the Kerr s were still listed as Vice President and Treasurer on January 18, Mr. Myer continued he also had liens against his property for $4,583, $1550, and a Notice to Owner from Rinker Materials. Mr. Myer related he saw Mr. Denton on the day the contract was signed in the office, and then when another check was wanted. He continued with all the problems he had with getting his pool built, and noted he had to finish several things himself. Mr. Luethje asked Mr. Denton what his reason was for leaving Hawaiian Pool Builders, Inc. Mr. Denton responded for legal reasons he was unable to divulge that information at this time but he could say it was for mismanagement and misappropriation of funds. He added his Attorney, Buck Vocelle, advised him not to discuss this matter at this time due to future litigation. Ms. Susan Marks, 5020 Sapphire Lane, S.W., Vero Beach, reported she contracted with Hawaiian Pool Builders, Inc. in December, 2006 for a pool, deck and screened enclosure. She noted work was begun and moved along satisfactorily with them paying the installments when they were due with a total paid to date of $46,000 of a $51,000 contract. She has a pool shell, but none of the equipment, lights, and none of the contractors had been paid so she has liens against her property accruing interest daily. She regularly dealt with the job supervisor, Scott Goodwin, and provided the checks to him. CBAA/Approved 8 March 27, 2007

9 Ms. Marks related the bids she had received to finish her project were approximately $22,500 to finish the pool and $11,500 to install the screened enclosure. When she spoke with Mr. Matt Kerr he told her he did not have the money to finish her job or the money to pay her back for what she had given him. Ms. Dawn Riley, 7103 North Boulevard, Port St. Lucie, testified she signed a contract with Mr. Denton in March, 2006 and dealt with Mr. Craig McCoy and Mr. Scott Goodwin once the work on the pool began. She continued it took a long time to get the work done and the pool was finally screened two weeks ago, but had not passed inspection. Ms. Riley indicated she wrote checks totaling $51,000 made out to Innovative Concepts and Design and further stated she did not feel it was right to strictly go after Mr. Denton as the license holder when he was in business with the Kerr s. Mr. Akins asked Ms. Riley if a screened enclosure permit was ever pulled separate from the pool permit. Ms. Riley responded in the affirmative and the name on the permit was Christopher Leonardi. Mr. Marvin Klein, st Avenue, Vero Beach, stated he contracted with Innovative Concepts and Design in April, 2006 and found out the permits were not pulled until September or October, His pool was started in October and was still not complete. He had contacted the IRC Building Department several times and found the permit was not applied for correctly because it showed the job as a pool with a fence, not the pool with a screened enclosure he had contracted for. Mr. Klein reviewed the series of events which occurred during the process of his pool construction. He noted there had been $51,000 paid to Innovative Concepts and Design and none of the subcontractors had been paid because he now had over $40,000 in liens against his property. Mr. Klein had received estimates to finish the pool himself of $6,000 to finish the interior of the pool, $18,500 to complete the screened enclosure, and $9,000 for the pavers to be installed. Mr. Joe Molinari, a pool servicing contractor in IRC, stated he subcontracted as a salesman for Hawaiian Pool Builders, Inc. for a period of time in March and April of At that time the contracts were under Innovative Concepts and Design. He recommended the Board follow the money and look who was coming before them to try to make it right. He was owed money also but felt bad for the 16 people he sold pools to because they were being taken advantage of. CBAA/Approved 9 March 27, 2007

10 Attorney DeBraal asked if any of the contracts Mr. Molinari negotiated were subject to the approval of a bank or lending institution. Mr. Molinari responded he did not do anything with financing with his contracts, and there was no in-house financing. Attorney DeBraal asked how Mr. Denton was going to remedy the unfinished pools without his equipment or any income. Mr. Molinari stated unfortunately the homeowners would have to pay again to get their pools finished and it was a hard lesson of buyer beware. Mr. Luethje asked Mr. Molinari if he thought since Mr. Denton was standing up to the plate today, were the Kerr s at fault for the situation. Mr. Molinari replied at this point he did not believe Mr. Denton or the Kerr s because none of them had done what they were supposed to do and they had lost his trust. Mr. Klein wished to add he had also filed an affidavit against Carl Click who was the screened enclosure subcontractor. Mr. Klein charged Mr. Click with filing a building permit that did not match his contract with Hawaiian Pool Builders, Inc. Mr. Akins reported Mr. Click was a state certified general contractor. Mr. Carl Click, 1713 Carriage Lake Way, Vero Beach, related he was installing the pool enclosures for Hawaiian Pool Builders, Inc. but they were not paying him and he was owed between $60,000 and $80,000. Mr. Klein stated Mr. Click represented himself as 25% owner of Hawaiian Pool Builders, Inc., and collected the final check from him made out to Innovative Concepts and Design. A discussion ensued regarding Mr. Click s license qualifying him under Hawaiian Construction, Pools and Enclosures, Inc. Mr. Click testified Mike Kerr was initially listed as the Treasurer of his company but was immediately removed. Mr. Akins asked if Mr. Click was an officer of a separate company, Hawaiian Enclosures. Mr. Click responded in the affirmative adding Mr. Matt Kerr was also an officer in that company, but they closed it down once Mr. Click received his state contractors license. Mr. Chris Svelling, Old Dixie Highway, Sebastian, testified he was a custom pool contractor and in his opinion, Mr. Denton could not continue to finish the pools while his license was in suspension. Mr. Svelling said this type of problem hurt his business and his industry by giving all pool contractors a bad name. He also felt it was not responsible business practice for Mr. Denton to CBAA/Approved 10 March 27, 2007

11 offer to finish the work but not unless he got paid since in Mr. Svelling s business he made sure there was money set aside for such a situation. He opined there should be more stringent requirements for contractors to follow in the State of Florida to prohibit such action. Ms. Tracy Brueggeman, rd Circle, Vero Beach, explained her situation with Innovative Concepts and Design beginning in May, She found out the contract never made it to IRC for permit application because Mr. Denton and Mr. Matt Kerr came back to her and told her she had to sign another contract with Hawaiian Pool Builders, Inc. when changes were made in pool features. Chairman Robinson asked if the pool was finished and Ms. Brueggeman responded it was not and she still owed Hawaiian Pool Builders, Inc. $1,700. She had received four bids from pool companies to finish her pool which ranged from $18,000 to $22,000 and she had already given Hawaiian Pool Builders, Inc. $47,000. There were $8,000 in pending liens against her property. Mr. John Davidson, 1501 Decker Avenue, Unit 101, Stuart, pointed out there were several pool companies that exchange a Release of Lien upon final payment. He added the company he worked for, Advantage Pools, required a 10% deposit and final payment was due when the pool was formed, steeled, inspected, gunited, and backfilled. Mr. Raymond Gent, rd Street, Vero Beach, testified he also entered into a contract on June 13, 2006 with Hawaiian Pool Builders, Inc. for $37,000. He had paid approximately $35,000 with $7,000 worth of remaining work to be done. Mr. Gent stated he was not aware of any liens against his property and had contracted with Mr. Svelling to complete the pool. Chairman Robinson opined the State of Florida should be contacted and Mr. Akins responded staff had been working with the state since the first complaints came in. He added unfortunately, most of the complaints were not against state licensed contractors and the state had thrown that back at him. Discussion was held regarding methods that could be implemented to improve obtaining the Release of Liens by the customers. Attorney DeBraal interjected this may be a matter best handled by the State Attorney s Office. He also pointed out since there were no bank inspectors coming to look at the jobs to make sure there was a Release of Lien before giving out another draw was paid out, another mechanism for control was not in place. Attorney DeBraal felt the contracts were too front-end loaded with asking for so much money up front before the hole was even dug. CBAA/Approved 11 March 27, 2007

12 Mr. Akins interjected staff had also been in contact with the IRC Sheriff s Office and they had not been able to find a basis allowing them to move forward with a case. ON MOTION BY Mr. Luethje to continue suspension of Mr. Denton s license to allow him to finish the pools that were not finished. THE MOTION DIED due to a lack of second. Mr. Akins recommended revoking Mr. Denton s license. Attorney DeBraal added if Mr. Denton were to ask for more money to finish any of the jobs he would have to start a new contract and that would violate his suspension. A lengthy discussion ensued regarding alternatives that may be used to allow the work to be completed. ON MOTION BY Mr. Stokes to allow Mr. Denton s license remain in suspension. THE MOTION DIED due to a lack of second. Attorney DeBraal suggested it may be easier to get interest from the State Attorney s Office through the office of the statewide prosecutor if there were more jurisdictions involved. ON MOTION BY Mr. Luethje, SECONDED BY Mr. Meek to revoke Mr. Denton s license. The motion was called and passed (5-1). Ms. Lafferty opposed. Attorney DeBraal offered to send a copy of the Order to Revoke Mr. Denton s license along with a copy of today s meeting minutes to the office of the statewide attorney to hopefully generate some interest. Chairman Robinson called for a recess at 2:53 p.m. and the meeting resumed at 3:02 p.m. Item #6: Pryor Homes, Inc. Appeal to the Board Mr. Akins explained this was a request to rehear the revocation of Mr. Elijah Pryor, Jr s contractors license at the January 30, 2007 CBAA hearing. Attorney Ed Kinberg, 1290 West Eau Gaillie, Melbourne, testified Mr. Elijah Pryor, Jr. was denied due process. He reviewed the file and did not feel the CBAA/Approved 12 March 27, 2007

13 proceedings complied with the IRC CBAA rules or the state rules of due process. He offered to withdraw his appeal to the Circuit Court for the revocation of Mr. Pryor s license if the Board agreed to rehear his case. Attorney Kinberg accused the Board of two or members meeting with Mr. Pryor s former attorney, Russell Peterson, prior to the hearing held on January 30, 2007 in a room across the hall from the Chambers to discuss the matter. Chairman Robinson asked which members Attorney Kinberg was accusing of such a meeting. Attorney Kinberg was not able to provide the names of the members. Attorney Kinberg reported Mr. Pryor had appeared before the Brevard County Board of Professional Licensing last week and they approved his Masonry and Residential license in that county. He related the reason his client was here today was to receive corrective action to clear the mistake he felt was made. Attorney Kinberg gave a lengthy oration of the errors he opined were made by the CBAA relating to Mr. Pryor s case. Chairman Robinson asked Attorney DeBraal for his legal opinion. Attorney DeBraal responded his recollection was Mr. Pryor was represented by legal counsel, he submitted documents into evidence and they were pertinent to the matters brought against him. He added the other count against Mr. Pryor was abandonment and in Ms. Oliver s testimony at the January 30, 2007 CBAA meeting she stated she trained herself to be a contractor because she finished the job on her home instead of Mr. Pryor. Attorney DeBraal felt there were adequate grounds to take action on Mr. Pryor s Competency Card and he felt he had adequate notice to allow him to refute the allegations against him. There was no continuance requested for any of the allegations brought against Mr. Pryor by his attorney. Mr. Luethje stated he did not appreciate being threatened by the unsubstantiated statement Attorney Kinberg made about some of the CBAA members violating the Sunshine Law by meeting with Mr. Pryor s former attorney, Russell Peterson. ON MOTION BY Mr. Luethje, SECONDED BY Reverend King, to deny the rehearing. UNDER DISCUSSION, Mr. Elijah Pryor, Sr. made a lengthy and impassioned plea for the CBAA to rehear his son s case to allow him to adjudicate himself because he needed to pay back money to him that was loaned for legal fees. CBAA/Approved 13 March 27, 2007

14 THE MOTION WAS CALLED, and the members voted unanimously (6-0) to approve the motion. Mr. Robert Beans, former customer of Mr. Pryor, Jr., thanked the Board for their decision. Other Matters Reverend King announced he would not be in attendance at the next meeting. Confirmation of Next Meeting Date Chairman Robinson confirmed the next meeting would be held April 24, Adjournment Chairman Robinson adjourned the meeting at 3:42 p.m. CBAA/Approved 14 March 27, 2007