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HomeMy WebLinkAboutBuilding Review Board - Minutes - 01/27/2005Minutes approved by the Board at the February 24, 2005 Meeting FORT COLLINS BUILDING REVIEW BOARD Regular Meeting —January 27, 2005 1:00 p.m. fC T911kt "kffT.-.O 484-011 A regular meeting of the Building Review Board was held on Thursday January 27, 2005, in the Council Chambers of the Fort Collins Municipal Building at 300 LaPorte Avenue, Fort Collins, Colorado. BOARDMEMBERSPRESENT: David Carr Charles Fielder Leslie Jones Gene Little John McCoy Jim Packard Michael Smilie BOARDMEMBERS ABSENT: None STAFF MEMBERS PRESENT: Felix Lee, Building and Zoning Director Delynn Coldiron, Contractor Licensing Administrator Mary Jane Child, Staff Support Ann Marie Gage, Staff Support Sandy Lindell, Staff Support AGENDA: ROLLCALL The meeting was called to order and roll call was taken. 2. APPROVAL OF MINUTES Carr made a motion to approve the minutes from the October 28, 2004, meeting. Jones seconded the motion. The motion passed with Packard abstaining. 3. Contractor Hearing, Carl Glaser, d/b/a Advocate, Inc., License #C 1-88, Case #01-05 BRB 01/27/2005 Pg. 2 Fielder explained the procedure for contractor hearings. Lee provided an introduction to the hearing. The Appellant was issued a license suspension notice for utilizing a non -licensed framing crew (W.R.S., Inc.) at 2703 and 2715 Rigden Parkway, on November 15, 2004. Carl Glaser, owner of Advocate, hic., addressed the Board. Glaser noted that he had been a licensed architect for 32 years without incident, and had been working as a general contractor for eight years. He added that the transition from architect to contractor had not been smooth, which led him to not provide a timely notification of subcontractors to the City Building Department. He stated that his previous appearance before the Board and subsequent license suspension had cost Trim dearly in terms of financial losses, mental duress and professional credibility. Glaser stated that he had learned his lesson and hoped to move forward. Glaser requested that his license not be suspended because of the expense and disruption to current projects. Glaser provided photographic examples of current work and a new form he had developed for subcontractor notification to the City Building Department. Lee asked Glaser to recall a conversation on November 10, 2004 with Sandy Lindell of the City Building Department after Glaser faxed a statement of his intent to change the framer for the Rigden Parkway projects from Johnson Carpentry to W.R.S., Inc. At that time, Lindell notified Glaser that neither W.R.S., Inc. nor Sharyl McKinly was licensed with the City Building Department. Glaser told Lindell that he would research the situation and call back. Glaser then called McKinly and asked her about the license status and was told that W.R.S., Inc. was licensed under the contractor name Truxes Construction and Jeremy Johnson. Glaser and McKinly agreed to meet at the site the next day. Glaser then went to the site and sent home the framing crew. Lee asked Glaser to verify that without having confirmation of W.R.S., Inc.'s license, work continued and was subsequently stopped five days later. Glaser stated that his mistake was not clarifying the licensing issue before beginning work. Glaser further explained that he had had a conversation with Sharyl McKinly of W.R.S., Inc. in which she was emphatic about beirg licensed with the City. He believed that there was a misunderstanding that could be rectified before work began. Glaser and McKinly agreed that McKinly would straighten out the license with the City Building Department the next day, and work would not begin until it had been sorted out. Glaser was concerned about the scheduling of the project, but was assured by McKinly that additional personnel could be brought in to make up time. Lee asked Glaser to confirm that his instructions to W.R.S., Inc. on Wednesday, November 10, were to not work until a license had been obtained. Glaser agreed. Lee asked Glaser if it was accurate to say that W.R.S., Inc. continued the work without his knowledge Until stopped by City inspectors. Glaser noted that he had made four telephone calls to McKinly to determine the outcome of her meeting with the City on November 12, Lee asked if Glaser explicitly told W.R.S., Inc. not to work until a license had been obtained. Glaser replied that he did not use the words "obtain license" because he believed that W.R.S., Inc. already held a license. Glaser explained that he believed that the situation was a misunderstanding and that he believed that W.R.S., Inc. indeed held a license. Glaser stated that after work had been stopped at the job site, McKinly's crew went to the Ft. Collins location by mistake. He testified that according to McKinly, she had been waiting for them in Greeley. Lee had no further questions for the Appellant. Sharyl McKinly of W.R.S., Inc. was called to provide her perspective of events. BRB 01272005 Pg. 3 McKinly stated that no malice was intended in this situation, McKinly had two licensed framers, Jeremy Johnson and Richard Dunn, working for her and she believed that their licenses conferred an active licensed status to her company. McKinly sent Johnson to the City Building Department on November I to rectify the license situation, but the office was closed for Veterans' Day. She confirmed that since the licensing issue had not been resolved she was not going to have her crew work at the site on that day. McKinly stated that Glaser was concerned with the project scheduling and so she called her crew and had them work the afternoon of November 11 as well as November 12. McKinly stated that she then called the crew foreman the next day and instructed him to not work at that site the following Monday, November 15, but to instead meet her at a job site in Greeley. McKinly was told on Monday that the crew had been stopped on Rigden Parkway. McKinly then notified Glaser. Lee asked McKinly if Glaser instructed her not to work at the job site. McKinly stated that she met Glaser at the job site on Thursday, November 11, when the City offices were closed. He asked her where her crew was and so she called them in to work. McKinly stated that Glaser knew that her crew was working on site on both Thursday and Friday. The Board had no questions. Glaser had no closing statements. Lee stated that while he appreciated the hectic nature of project scheduling and timing, it was apparent that Glaser continued work on the project after knowing that the framing crew was unlicensed. Stephen Johnson of Pacific Contractors Group was called before the Board. Little referred to the memo dated November 22, 2004 which referenced a statement made by Johnson to Delynn Coldiron. Johnson said that Glaser had been lying, knew the City requirements and chose not to adhere to them. Johnson explained that he had met with Coldiron on that day to clarify framing license requirements. Johnson said that his comment to Coldiron was that if Glaser did not know what was going on by then in regard to the seriousness of the issue, he was lying. Lee stated that since other evidence had been presented, Glaser could respond. Glaser stated that, in response to Johnson's comment, he did not lie. Glaser confirmed that when he hired W.R.S., Inc. he knew that they had to be licensed. Glaser reiterated that while he did not call the City to confirm W.R.S., Inc.'s license status, he was truly convinced that it was a misunderstanding. Glaser stated that he would not have hired W.R.S., Inc. if he had not believed that they were licensed and that he had not coerced McKinly to continue working. Glaser admitted that he had not learned after his first reprimand to call the City to confirm a license's status and that it was his failure for not notifying the City right away. Glaser reiterated that he had not lied to the City or to the Board. Smilie asked Glaser why he did not ask for a copy of W.R.S., Jnc.'s license, just like a subcontractor's proof of insurance. Glaser replied that he was gullible and naive and that he would do so in the future. Packard asked Glaser when W.R.S., Inc. was contracted for the job. Glaser replied that he believed it was mid -October and that layout began on November 8. Packard referred to the contractor change form faxed from Glaser to the City dated September 15. Glaser stated that the date on the fax was incorrect and that the actual date was November 10. Packard asked Coldiron about McKinly's license status. Coldiron reported that McKinly's application was the next item BRB 01/27/2005 Pg. 4 before the Board. Coldiron added that Jeremy Johnson was not licensed until December 3, and was licensed under Truxes (now J and J), not W.R.S., hie. Coldiron also noted that Richard Dunn had since applied for a license under W.R.S., Inc. Dunn's initial framing license with the City had expired. Coldiron added that neither contractor had current licenses at the time the violation occurred. Lee amended his closing statement and questioned Glaser's judgment. Lee reminded the Board that Glaser had just recently been before the Board and said many of the same things. Little made a motion for finding of fact for items 1, 2 and 9. Packard seconded the motion. The motion passed. Vote: Yeas: Carr, Fielder, Jones, Little, McCoy, Packard, Smilie Nays: None McCoy recommended a 90-day license suspension, giving credit for the 45 days the license was suspended before Glaser appeared before the Board. Jones recommended a 90-day license suspension, but without including the 45 days the license had already been suspended. Fielder recommended a 90-day license suspension, including time served. Smilie and Carr concurred. Packard recommended a 90-day suspension, but without time served. Fielder moved to suspend Glaser's license for 90 days minus time served (to be lifted March 14, 2005), without negative impact to properties currently under contract. McCoy seconded the motion. The motion passed. Vote: Yeas: Carr, Fielder, McCoy, Smilie Nays: Jones, Little, Packard 4. Contractor Hearing, Sharyl McKinly, d/h/a W.R.S., Inc., Case #02-05 Lee gave an introduction to the contractor hearing. This case was connected to the previous hearing and the same addresses were applicable. The violation occurred on November 15, 2004 while the Appellant was working without a license under the general contractor, Advocate, Inc. Sharyl McKinly, owner of W.R.S., Inc., addressed the Board. McKinly stated that she believed that she had two licensed framers, Richard Dunn and Jeremy Johnson, working for her company and that having such licensed employees was sufficient to be licensed to work in the City. McKinly stated that she also believed that she was able to have many licensed framers working for her company. After meeting with Delynn Coldiron, McKinly learned that she was only allowed one licensed framer and one licensed supervisor under one company contractor license. McKinly referred to her previous statement regarding Carl Glaser. McKinly stated that she had removed her crew from the job site until she could resolve the licensing issue. McKinly stated that on Thursday, November 11, Glaser was emphatic about wanting her crew working, so she brought them back to work. McKinly explained that she had sent Jeremy Johnson to the City on Wednesday, November 10, to determine how to obtain a license under W.R.S., Inc. McKinly was told that the process would BRB 01 /27/2005 Pg. 5 take longer than initially thought, so she notified Glaser that she had removed her crew from the job site. McKinly explained that her crew was working at the site in error on Monday, November 15, and that she was expecting them at a project site in Greeley. McKinly stated that she wanted a framing license in her name for the company and that she planned to obtain additional supervisor certificates for other employees of the company. McKinly reiterated that there was no intent to do wrong in this situation. The Board discussed contractor licensing pertaining to the case. Coldiron explained that Johnson had a D license and W.RS., Inc. wanted to be added as an exempt worker. Coldiron continued that a general contractor cannot use exempt workers, so W.R.S., Inc. had to apply for a specialty (framing) license in order to continue to work. Little asked if Dunn's license would have been issued had the job site not been under suspension. Lee confirmed that it would have, after Dumi passed the test. Little made a motion for finding of fact for items 2 and 8, but not 1. Fielder seconded the motion. The motion passed. Vote; Yeas: Carr, Fielder, Jones, Little, McCoy, Packard, Smilie Nays: None McCoy made a motion to issue McKinly's license and include these proceedings in her contractor file. Little seconded the motion. The motion passed. Vote: Yeas: Carr, Fielder, Jones, Little, McCoy, Packard, Smuie Nays: None Contractor Hearing, David Jestes, d/b/a Jestes Construction, License #C 1-67, Case #03-05 Lee gave an introduction to the hearing. On November 11, 2004, construction occurred at 907 Grouse Circle without a permit. Although a permit had been applied for, it had not been approved as of that date. A Stop Work Order was issued and the contractor was issued a summons. The Appellant holds a Cl license which had not been suspended. David Jestes, owner of Jestes Construction, addressed the Board. Jestes explained that he had submitted an application for a footing and foundation permit for the project. Jestes had been out of town, and upon returning, he allowed work to commence under the assumption that the footing and foundation permit had been obtained. Jestes admitted to not following up to ensure that the proper permit was in place and visible. Lee confirmed that the permit had subsequently been issued. Carr suggested a motion for finding of fact for items 2 and 6, but not 1. Little disagreed. McCoy seconded the motion. Discussion followed and a friendly amendment added item 1. The motion for finding of fact for items 1, 2 and 6 passed. Vote: Yeas: Carr, Fielder, Jones, McCoy, Packard, Smilie Nays: Little