HomeMy WebLinkAboutBuilding Review Board - Minutes - 06/24/1999A regular meeting of the Building Review Board was held on Thursday, June 24, 1999, in the Council Chambers of
the Fort Collins Municipal Building, at 300 LaPorte Avenue, Ft. Collins.
BOARD MEMBERS PRESENT:
Thomas Hartman, Charles Fielder, Jim Brown, Susan Kreul-Froseth, Bradley Massey
BOARD MEMBERS ABSENT:
Rudy Hansch, Allan Hauck
STAFF MEMBERS PRESENT:
Felix Lee, Director of Building & Zoning
Paul Eckman, Deputy City Attorney
Delynn Coldiron, staff support to Board
OTHERS PRESENT:
Sandy Lindell, Building and Zoning staff support
AGENDA:
1. ROLL CALL:
The meeting was called to order by Chairperson Brown and roll taken.
2. APPROVAL OF MINUTES:
Chairperson Brown made a motion to approve the Minutes from the May 27, 1999 meeting. Susan Kreul-
Froseth questioned the usage of the word "applicant' several times in reference to the License Hearing for Jim
Weisser. Kmel-Forseth wondered if there was more appropriate terminology we could use in place of
applicant. Delynn Coldiron responded that we could change it to appellant or respondant.
Brown amended his motion to approve the Minutes from the May 27, 1999 meeting with the changes made in
the wording of "applicant' in those minutes. Board Member Fielder seconded the motion. The motion passed
unanimously and the Minutes from the May 27, 1999 meeting were approved with the noted changes.
3. UPDATED HEARING PROCEDURES FOR ALLEGED CONTRACTOR LICENSE VIOLATIONS:
Brown requested that the Board deviates from the agenda order and hold a discussion regarding a document that
was included in the Board Packets: Hearing Procedures for Alleged Contractor License Violations. Brown
voiced the desire to implement these procedures at the meeting convening today. Felix Lee offered a brief
content summary of this document to those in attendance. Lee noted that it is similar to the appellant
procedures other than it allows for an introductory presentation by staff to explain the alleged violations.
Susan Kreul-Froseth made a motion to adopt the "Hearing Procedures for Alleged Contractor License
Violations" Charles Fielder seconded the motion.
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VOTE:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
Nays: None
The motion carried.
4. LICENSE HEARING —NORM BROWN, d/b/a/ Norm Brown Roofing:
Chairperson Brown explained the procedures that would be used for the hearing including the appeals
procedure.
Felix Lee provided an opening statement. Lee referred to the Summary of Allegations in this case. Lee
touched on the major points of these allegations. Topics brought to the Board's attention were:
The stop work order issued for working without a permit at 825 Sitka Street; Work being performed by Norm
Brown Roofing while license under suspension. A list of regulation infractions derived from Section 15-158(f)
of the Fort Collins Contractor License Regulations against Norm Brown Roofing was read by Lee.
Lee noted that a permit was eventually obtained for the re -roofing by Ms. Carol Dillon, owner of 825 Sitka
Street. Lee made note of a memo from Mike Gebo, Fort Collins Codes and Inspections Administrator,
reiterating more detailed information regarding the events mentioned above.
Respondent, Norm Brown, addressed the Board. The Respondent recalled that he only received the letter
informing him of this hearing two days ago. He stated that the information contained in the letter did not reflect
what had really taken place. He told the Board that because he could not buy a permit, he asked the homeowner
to buy the permit after he explaining the situation. The Respondent mentioned that the homeowner did finally
obtain a permit and that it was approved as far as he knew. He went on to declare that he has been bidding in
the city of Fort Collins for 20 years and he gets people that call him on bids he's given them from five weeks to
two or three months ago. The Respondent said he has been trying to turn them down (clients) or tell them they
have to buy the permit. The Respondent stated that the homeowner did get the permit for 825 Sitka Street after
the neighbor called and turned them in. The Respondent said that sometimes the contractors he works with
buys the permit, or that Brown buys the roofing permit, but that right now he is trying not to do anything in the
city. He mentioned that when he came to the last Board meeting, he had only been in town about five days after
being overseas and had forgotten that he had this job at 825 Sitka Street. The Respondent declared that he has
other jobs in the county and has been trying to "shut down" in the city for a while. The Respondent concluded
by saying that about all he could do is ask the Board for mercy.
Lee asked Norm if he understood that at the previous meeting that his license had been suspended for sixty
days. The Respondent stated that is why he told the homeowners that they would have to get the permit. The
responded referred to the memo that Mike Gebo had sent to Lee saying that he had no way of verifying what
was said. He stated a previous owner of the home next door to 825 Sitka Street works for Choice Roofing and
someone that lives there now is the one that called in the violation.
Lee asked the Respondent if he understood that he was not to do any work. The Respondent replied that he
knew he was not to do any work and couldn't buy any permits. Lee asked if indeed he was doing the work.
The Respondent said he himself did not work on it, but that it was his crew working on it.
Chairman Brown stated that he was at the last meeting in which Norm's license was suspended. In his opinion,
it doesn't really matter who turned the Respondent in, and that the Respondent knew he shouldn't take on any
new work. In addition, it didn't matter if the owner was the one that obtained the permit because the
Respondent still couldn't do the work without a valid license.
Kreul-Froseth asked if Norm Brown was sent a letter telling him that his license was suspended. The
Respondent countered back that he did receive a letter, but it was postmarked June 21, 1999 and that he had just
received it yesterday. Lee confirmed the letter Norm received was the correct one.
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Kreul-Froseth inquired as to the actual day that the suspension would be in effect. Lee responded that the
suspension was in effect the day of the last hearing. Kreul-Froseth asked the Respondent if he understood that
as of the date of the last hearing, his license would be under suspension. The Respondent stated that he was not
denying that the sixty days had started and that coming into the previous meeting, he didn't think he had any
other work in the City. Referring to the copy of his proposal for the job at 825 Sitka Street, the Respondent
brought to the Board's attention that it was dated approximately mid -May and the owner's had given him a
deposit.
Kmel-Froseth asked the Respondent how he would respond if someone called him and asked him to re -roof
their residence. The Respondent said that he would tell them he couldn't do anything until the end of July. He
mentioned that he had a large job in the county that would tie him up for about three to four weeks along with
other jobs in the county. Kurel-Froseth asked the Respondent if a homeowner were to obtain the permit for a
job in the city right now, did he believe it would be a violation to start that re -roofing job. The Respondent said
that with the way that Felix Lee just defined it, yes it would be. He added that from Lee's description , he
wasn't sure if that meant he couldn't do repairs or anything else on a roof.
Massey said that the way he understands it, if a homeowner obtains a permit, the homeowner does the work
themselves, or they have to have it done by a licensed contractor. Massey believes that the Respondent
understood when he left the last board meeting his license was under a 60 day suspension as of that day.
Massey questioned how the Respondent could think that he could go out and do more work until that
suspension was over. The Respondent replied "I just said what I said there." The Respondent wanted to know
if he had the right to ask his brother to work with him on his own house, saying that it was his understanding
that he has and that he also had the right to ask anyone he wanted to help him on his own home.
The Respondent said some of the debate that took place at the previous meeting was over the question of having
to get a permit at the start of tear -off, or if it was needed at the start of the actual roofing work.
Lee stated that at the last meeting a motion was passed that suspended Norm Brown Roofing's license for a
period of sixty days due to the violation of doing work without a permit and that a letter to that effect was sent
to the Respondent. Lee further noted that Respondent was in attendance at that meeting when that was decided.
Brown asked if Lee could respond to the Respondent's questions regarding what the Respondent was allowed to
be doing, if anything, in reference to homeowners obtaining the permits. Lee replied that as a homeowner, the
Respondent could certainly do his own roof without a license and may use volunteers, family or other agents
that are not paid. Lee elaborated that anytime someone is paid to do construction work, with that revision, by
defmition, he becomes a contractor and because roofing is a licensed trade, any roofing that someone pays to
have done requires a license. Lee said this ruling has been in effect for the last 20 years.
Brown wanted to mention that he did find somewhat of an irregularity in that the roofing contract was signed on
5/21/99 and the last board meeting was on 5/27/99. The Respondent stated that the contract was signed shortly
before he left the country and he did not remember that contract when he was before the Board at the last
meeting. Brown expressed that he would like to let this issue slide given the fact that the contract was signed
first, but that he has the feeling the Respondent would be out in the city doing work under someone else's
permit regardless of what the Board does. The Respondent replied that he was trying to do what was right by
telling everyone that he couldn't do anything in the city until the end of July; reiterating that he assumed the 60
day suspension started the day of the meeting.
Kmel-Froseth asked the Respondent if he would do more work in the city from now until the end of July. The
Respondent replied that he had to ignore Fort Collins, but that he would still work and has jobs in the county.
Kmel-Froseth asked again of the Respondent, whether he would do work in that time frame in the City of Fort
Collins. The Respondent said he had no intent of doing any roofing in the City of Fort Collins and he is trying
to inform people of that. Kruel-Froseth queried if the Respondent was in control of that situation himself, other
than this one contract. The Respondent said that he could control it. The Respondent went on to say he is
getting calls everyday requesting his work on everything from repairs to certifications in the City and he is
trying to avoid anything in the City of Fort Collins. Kruel-Froseth stated that it was clear the Respondent would
be in violation if he did work under his suspended license until the end of July. She noted that in the previous
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meeting minutes, it refers to Board Member Allan Hauck's mention that another violation by Norm Brown
Roofing should result in revocation of his license. Given this information, she believed it was clear what the
Respondent could or could not do. She agreed with Chariman Brown's affirmation that since this proposal at
825 Sitka had been signed prior to the last meeting, he was probably obligated to complete that particular job.
Kreel-Froseth made a motion that the Board state again that another violation by Norm Brown Roofing while
his license is suspended should result in revocation, or at least a serious discussion by the Board. Fielder
seconded the motion
Fielder asked of Lee what the time frame was for revocation of a license. Lee replied that it was a maximum of
one year.
VOTE:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
Nays: None
The motion carried.
Chairman Brown reiterated to Norm Brown that his license is still under suspension for the time period set forth
at the last meeting and to refrain from any more violations.
5. LICENSE HEARING — JEFF GEORGE, d/b/a Summit Companies:
Lee reviewed the Summary of Allegations for the Board. He also referred to a letter included in the Board's
information packets from complainants Steven J. Meyer and Maureen McCarrick Meyer. Lee summarized the
scenario that brought forth the complaint against Summit Companies. He mentioned the contract between the
parties signed on September 17, 1998 for work to be done at their residence at 1531 Mountain Ave. and that
they had both agreed Summit Company would obtain a building permit. After repeated inquiries as to the
wherabouts of a pemrit, the Meyer's were told by Summit Company that one had been obtained. On December
10, 1998, Ms. Meyer contacted the Building & Zoning department and discovered that a permit was never
obtained for the work mentioned above.
Lee provided additional background information on this case. He made remarks alluding to a meeting between
himself, Jeff George and Delynn Coldiron on November 9, 1998 where licensing requirements were discussed.
Lee noted that the Respondent had submitted a license application for a Class E license, but had been denied
due to non -complying references. At that meeting, Lee said that the Respondent remarked that he would not
knowingly perform work without permits because such acts would jeopardize his obtaining a license. At the
same meeting, Lee approved George for a Class Dl license with an exam waiver, as references for that
classification were in compliance. Lee noted that at the time of granting the D 1 license, unbeknownst to the
Building Department, work had allegedly already begun on the Meyer's project.
Lee recounted that on December 17, 1998 a permit was issued listing Summit Companies as the contractor for
work on the Meyers' home described as "convert garage into a family room, add a walk-in closet, add a sink in
the '/z bath." On January 8, 1999, City staff performed one inspection on the Meyers' project and determined
that the work had been completed without prior inspections. Lee outlined the procedures for inspections that
are done on completed work and how the inspector did verified electrical continuity and the gas vent serving a
direct vent fireplace appeared to be in compliance. Following this inspection, a Letter of Completion was
issued for the Meyers' project.
One May 11, 1999, Maureen Meyer contacted Felix Lee about her concerns summarized above and detailed this
in a letter included in the Board's information packet.
On June 2, 1999, Lee met with Jeff George and Mike Adams of Summit Companies. At this time, George and
Adams recounted that work was started and completed without a permit and the required inspections as alleged
by the Meyer's. Lee added that the Respondent noted that he did intend to obtain a permit for the job, but he
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had to leave the area during the project construction. Both George and Adams acknowledged additional work
was done but not specified on the permit. These included; installation of a new gas fireplace and relocation of
laundry fixtures and supply piping. Lee told George and Adams that other than a homeowner doing those jobs
themeseves, that type of work requires a licensed mechanical contractor for gas piping or gas appliance
installation.
Based on the events summarized above, Lee invalidated and revoked the previously issued permit of December
17, 1998, for not disclosing the full amount of work and for not obtaining the required inspections. A notice
was sent to George and Summit Companies notifying him of these occurrences. Included in that notice was the
requirement that Summit Companies obtain a new permit covering all the work related to the original contract
by June 23, 1999. Lee reported that Summit Companies had submitted an application for that required permit.
Given the information profiled above, Lee concluded that violations of the Code of the City of Fort Collins had
occurred and proceeded to outline those violations for the Board.
Respondent, Jeff George, addressed the Board. After listening to the alleged violations recounted by Lee,
George agreed that a large part of that was true to a certain extent. He told the Board that some of the problems
stemmed from his naivet6 of the workings of the City's permitting process. George commented that he has held
a Home Improvement License with the City for seven or eight years. He stated that he had moved from
Wyoming some years ago and that his superintendent also had moved from Wyoming recently. George stated
that it was his belief that the work he was performing at the Meyer's home could have been accomplished under
his Home Improvement License. George reiterated on how he was trying to secure other licenses at that time
and was in the process of getting the experience waiver information together. Due to some of his documents not
meeting the requirements, this process was taking longer than he anticipated.
George stated that work on the Meyer's project started in late September and he believed that they could begin
some demolition until arriving at a point where inspections were needed. He noted that he left to go on vacation
and upon arriving back in almost four weeks, he found that the work had progressed past the point of required
inspections. George said he knew they would need a permit, but wasn't sure on the procedure now that they
had gone beyond the time for inspections, but he assumed things like this had happened before and the building
department would have ways of working through the situation. George went on to address the issue of not
having all the work that was being done listed on the permit. He said the work in question, namely installing a
fireplace in the garage and moving the laundry room from the main floor to the upstairs, were change orders to
the original contract and he felt they were not significant enough to put on the permit. In hindsight, he later
realized this was an error in judgement and these omissions were not an attempt by them to try to get away with
anything. George said part of the reason he did not apply for the Meyer's permit under his Home Improvement
License because he was hoping for that project to be his first under the new license that he was trying to obtain.
George noted that some of ensuing problems arose due to his predisposition to procrastinate and not obtain the
information that was lacking for him to obtain the other licenses.
George reported that the new permit application they have submitted includes the correct wording to encompass
the installation of the fireplace and the moving of the laundry room. He also said it was a misconception on his
part as far as the work they did that was not covered under his license at the time. He had believed that work
such as the gas piping could be done under his license if supervised by a mechanical contractor on site and
subsequently inspected and this would be acceptable. Again, George mentioned he made some assumptions
that he should not have. He went on to note that he is doing everything he can to make things right with their
client and the City.
Chairman Brown inquired if George or Lee had any witnesses they would like to present. George replied that
he did not. Lee said he did not have witnesses, but mentioned that the homeowner was in attendance and he had
offered to let her speak at this hearing if she so chose.
Homeowner, Maureen Meyer, addressed the Board. Meyer proceeded to relate how she and her husband were
told by Summit Company that they had obtained the required permit and the only reason it was not on site was
because the front of the house was tom off and they did not want to loose it. At the time, Ms. Meyer thought
this was a valid reason. She said they had also been told by Summit Company that the fireplace and the laundry
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room were both in the original plans and had to move the laundry room in order to do the other renovations that
were planned. She continued that the reason they wanted the permit information was because after moving into
the home on November 13, their insurance agent requested a copy of it to cover the new square footage so they
would have the proper insurance coverage. Ms. Meyer said after repeatedly being told that Summit Companies
had obtained a permit, but that the Historical Preservation Office was holding it up, she decided to contact the
City and get a copy of the permit herself. She said it was then that she found out that a permit had never been
applied for. After having been told repeatedly that Summit Companies had acquired a permit, Meyer believes
that in not doing so made it a "willful and deliberate act". She was also lead to believe that they had a license to
do the contracted work because she had viewed a home built by them, but later found out it was Jeff George's
own home.
Chairman Brown asked the Respondent, if he had any questions for Ms. Meyer. George asked Meyer what her
concerns were that had not been addressed through the efforts of the building department and his company.
Meyer replied that her concerns were if the work that had been done was really o.k., and if the work was
alright, why didn't they have the fireplace and the laundry room relocation listed on the permit. She was also
upset that it may be required to get into the floors and walls again to make sure things were done to code.
Meyer stated that George says his intention was to do the work to code, but how does she know if he really was,
because the Respondent had said he didn't know if everything was to code here the same as in Wyoming.
Meyer stated that this issue has affected her ability to insure her home. Meyer disclosed that she did not have
another $25,000 or $30,000 to get back into the walls to check that all out and renovate again.
George responded to Meyer to say that he knows this meeting was not a forum for deciding whether the
performed work should be paid for and he would prefer to deal with the building permit issue, afterwards, he
and Ms. Meyer can work through the payment of the balance of the contract. George again stated that the
wording on the original building permit was perhaps inadequate and that regarding the fireplace and the laundry
room, he honestly didn't think that they needed to be mentioned and these had not been part of the original
contract.
Hartman asked Ms. Meyer if she had a set of plans. She acknowledged that she did have a set in her car.
Hartman asked if they had been submitted to the Building Department as part of the permitting process. Meyer
responded that it was her understanding that all plans had been submitted. Hartman asked her if those plans
reflect the moving of the laundry room and the addition of the fireplace. Meyer said she didn't think they
showed the upstairs at all. She continued to say the plans did show the downstairs removal of the laundry room
and it was indicated where the fireplace was supposed to be, but as it turned out, the fireplace was located in
another area because of a window that was put in the wrong place. Hartman asked Lee if those plans would be
part of a set of records that the City maintains. Lee responded that he had looked for the plans but that they had
already been purged. Lee explained that plans are purged by the City after a specified time period and final
inspections have been completed. The Code does not require residential plans to be kept after 90 days from
final inspection. Lee stated that he had not seen the new plans and did not know if they were different than the
first ones. George responded that there was nothing on the plans that he submitted showing anything on the
second floor. Hartman asked if either one of them had a set of plans with the Building Department's review
remarks on them. George said he did not have a set in his possession and had assumed that the City would still
have the original set of plans submitted. George mentioned that there were some structural items that Mike
Gebo, City Codes and Inspections Administrator, wanted shown on the plans and he would resubmit another
set. Hartman mentioned that if either Meyer or George had an original set of plans, that they might submit them
to the Building Department for the record, as he believed this may not be an issue that is finished yet.
Massey asked Meyer if it was written in the original contract between themselves and Summit Companies that
they would obtain a permit. Meyer replied that it was not written right into the contract, but was written on her
copy along with the time and date the Meyers' signed it. Meyer further noted that if it were not supposed to
have been done, then why would Summit Company apply for it and tell her after the fact. Massey restated the
allegation as follows; Ms. Meyer had specifically asked Summit Companies if they had obtained the permit.
they had told they had, but in reality that was not the case. Meyer answered that was a correct statement. She
elaborated that she and her husband had remodeled at another home they owned so she knew a permit card had
to be out and visible in case the City came by. Meyer's also noted that she kept a journal documenting the
remodel with pictures and dates, so she had all the information in writing. Massey then asked George if he did
n
U
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or did not tell the Meyer's that Summit Companies had obtianed the permit, when in fact it had not even been
applied for. George responded that although he had no direct contact with Mrs. Meyer until after the project
had gotten past this stage, he believed his superintendent told or implied that they were either in the process of
applying for, that they had received one, or would be getting one. George stated he was not present during this
time and he couldn't say for sure what the superintendent had told her, but he assumed that was the case.
George said his company did not do the correct thing in that matter.
Massey questioned Lee if George currently held an "E" license, or what exactly was a "Remodelef s" license.
Lee clarified that George did apply for a class E license, a commercial remodeling license, but projects the
Respondent submitted as references were not sufficient. George has had a Home Improvement license that
encompasses minor, non-structural, residential work up to $10,000. Referring to the work that was done on the
Meyer home, Lee said it did include some structural work and exceeded $10,000, so did not meet the criteria of
work to be performed by a Home Improvement license. Massey asked Lee if the only way George could have
obtained a permit was to get a license that covered that work first. Lee answered that was correct. Massey
wanted to clarify that George did achieve the proper license for the work that he re -submitted for the Meyer
project. Lee responded that George did receive the Dl license on October 21, 1998, after submitting adequate
project verifications to meet those criteria. Brown asked Lee what date it was that George applied for the
permit for the Meyers' project. Lee responded that was done on the 11`s of December.
Brown questioned George on the time and duration of his vacation at the time of the Meyer's project. George
replied that he left toward the end of September and arrived about the end of October. Brown inquired why
George waited so long to submit for a permit when he had received his license at the end of October. George
said that when he came back and found the project almost complete and had not gotten any inspections, he took
some time trying to find out what the procedure might be to remedy a situation like this. George admitted he did
not have an excuse for waiting that long.
Kreul-Froseth asked George if he had any other projects currently under construction in the City at this time.
He responded that they had just completed another project on Mountain Ave. George noted that a permit was
obtained and procedures were followed correctly for this project and that the clients were satisfied. He stated
that he also has applications in the process at this time. George recounted that the Meyer's project was their first
after obtaining the Dl license and regretted that things had not gone as smoothly as they should have. He also
reiterated his belief that his Home Improvement license was adequate to do the Meyer's project and mistakes
made in this regards were not willful. George stated that the work done at the Meyer's home, to the best of his
knowledge, was done correctly and to Code.
Massey asked George that if it were required by the Building Department to open up some of the construction
done by them, what would his position be to take that work on at no additional cost to the homeowner. George
said he did not have a problem with that and if in fact anything is found to be incorrect, he would stand by his
work and take measures to make it right. Massey asked if they had to open some things up and then found them
to be acceptable, would he take care of the repair work to fix it back to the way it was. George responded that
he didn't believe it would be a problem and after working with the Building Department, he felt completely
comfortable with any requirements they might have. He went on to say that he would be willing to go to a
reasonable means to satisfy his client, but if it meant tearing everything apart and starting over again, that would
be a financial decision he would have to look at. George didn't believe that would be a problem, but he would
be willing to open something up to prove that it was indeed done correctly.
Brown referred to the Summary of Allegations list provided to the Board by Lee. In that summary of Code
violations, he believed items number 6: Failure to obtain any required permit for the work performed or to be
performed and number 8: Performance of work for which a license is required without a valid, current license,
were violations that were willful. George responded that his only defense was to plead ignorance of the
constraints of the Home Improvement license. He realized he should have been more aware of what the
limitations of that license were. Brown asked that if that was the case, why didn't George try to get a pemrit
using his Home Improvement license. George said he was wanting the Meyer project to be the first one to be
done under the new license he acquired and that the time involved in getting that license went on for a longer
time than expected. He also noted that the project began very close to the time that he started submitting
information for the new license and he had thought he could proceed with some demolition up to the time
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inspections would be needed. George again reiterated that they were not trying to get away with anything in
this issue.
Kreul-Froseth made a query to Lee about the procedure when a contractor's license is suspended and how that
affects projects that are in progress at the time of the suspension. Lee responded that if the license is suspended,
then it is no longer in effect and would prevent the licensee from doing any work under that license, unless there
are special provisions made otherwise.
Hartman recounted that after attending a recent meeting of the State Board of Engineers, he noted that they said
the specific charge of that board was to protect the general public from the engineers, implying that their duty
was to the public rather than for the purpose of keeping state engineer's licenses in tact. Hartman felt that the
charge of the Building Review Board were of a similar nature, to protect the health and safety of the general
public by enforcing Code requirements for structures that might affect health and safety. Hartman said that was
an issue he had in this case, since this work was done outside of the permitting process guidelines. He believed
because of that issue, it not only affected the Meyers' personally, but the future of their home in that the work
done may be suspect due to the fact of not complying within those guidelines. Hartman reiterated that the
Board should do the best decision making possible in this case, taking in to account the health and safety of the
public. Brown agreed with Hartman's statement, although he questioned the limitations of the Board's powers
to actually require George to do all the work that was needed to satisfy the inspection process. Brown asked
Lee if the Board's powers were limited to dealing with licensing and did not include making requirements that
would entail a financial commitment of a contractor. Lee agreed that the Board's authority was limited in that
way. Massey responded that it was not his intent to have George make a financial commitment, but in order to
help him in his decision making process on this issue, he wanted to hear what George felt was his responsibility
to his client.
Kreul-Froseth commented that she agreed with George in that his procedures reflected a sloppiness, but whether
or not that was willful, she was not convinced. She didn't feel that any disciplinary action should be taken at
this time other than a letter be placed in his file stating that he did work without a permit, since this was his first
job in the city. She also mentioned that it seems George is open to privately rectifying the situation with the
Meyers.
Brown asked Lee if the permit was officially closed now and has it been signed off with a Letter of Completion.
Lee responded that the original permit issued in December of 1998, had been revoked and a new permit had
been applied for, which is still open. Brown wondered what the Building Department's process would be now,
and would they try to do the inspections after the fact. Lee replied that the main concern of the Building
Department after visiting the site a few days ago, was the structural issue. Lee continued that they did find
some abnormalities with some of the electrical wiring, but he did not know if they had been existing or not.
These are some of the things that when the walls are open the inspectors would know. Lee said there are some
things they definitely need to look at structurally, particularly the exterior header installed at the new door
opening and the stair header that was a supporting structure through the middle of the home. Lee commented
they would have to find some method of determining if those are correct and he did not know how they will
accomplish that without some destructive investigation. Brown asked if it would be required that the wall be
opened up to see the headers. Lee responded that at this point it would probably be likely so they can see if it
was installed correctly and determine whether it will support the loads.
Brown referenced the comment made earlier that it was thought the Meyer's project was the first one George
had done in the City, he was wondering if Lee had information on any other jobs that were performed by
Summit Companies under their Home Improvement license prior to this. Lee said a search had not been done
on the history of their other work, so he could not say at this time.
Brown commented that he believed George knew he had to obtain a permit, but neglected to do so and he felt
that was a fairly serious offense. Given the fact that no inspections were performed, this put the Meyer's in a
bad situation. Brown said he would like to see George's license suspended with the stipulation that any work
that is currently under progress and is permitted, be allowed to continue.
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June 24, 1999
Page 9
Fielder mentioned that he believes there was misrepresentation that a permit had been obtained and even though
Mr. George didn't misrepresent that, employees are the responsibility of the employer.
Lee commented that before the Board made a motion in this case, he would suggest using the newly adopted
Hearing Procedures for Alleged Contractor License Violations. Specifically, the twelfth item on this document
he believes would be important for the record. This item refers to the Board making a fording of fact as to the
violations of the Ordinance. Brown noted that probably the only fording of fact he would say had definitely
been infracted upon would be item number six, which refers to the failure to obtain a permit. He mentioned that
there were other obvious infractions, but whether they were willful or not, he could not be certain.
Lee said in closing, from a staff perspective, Mr. George is the designated supervisor and certificate holder on
his license and he believed that he failed to provide adequate supervision.
Massey made the motion and fording of fact that Mr. George doing business as Summit Companies, failed to
provide adequate personal supervision on the worksite; failed to obtain the required permit for the work
performed or to be performed and there was also a misrepresentation of a material fact by a license holder or his
representative based on the fact that they said a permit had been obtained when if fact it had not. Massey
amended the motion to include the infraction of performance of work without a valid license. Fielder seconded
the motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
The motion carried.
Brown stated that the Board needs to make a determination as to what, if any action is appropriate. This might
include, but not be limited to, suspension or revocation of the license or certificate in question. This
determination would be based on the prior motion and fording of fact.
Massey made the motion to suspend the license of Jeff George for thirty days and that a letter of reprimand be
placed in his file. Fielder seconded the motion.
VOTE:
Yeas: Fielder, Massey
Nays: Hartman, Brown, Kreul-Froseth
The motion did not carry.
Brown asked if Massey wanted to stipulate in his motion, that any work currently in progress either be ongoing,
or put on hold. Massey replied that he believed the point of suspension was to put any work on hold and allow
the thirty days for him to think about what he has done and what needs to be rectified. Brown questioned how
this would affect his client.
A motion was made by Brown to amend the previously motioned statement to include; any work that is
presently under permit could be continued. Massey seconded the motion.
Hartman asked for a discussion on the amended motion before the board. He felt that a 30 day suspension did
not really do anything if George continued working on current projects, as there would be enough work to carry
him through that period and would not really cause any consequences for Summit Companies. Hartman
thought a letter of reprimand is appropriate in this case. In addition, he would request this letter state that
further violations in the permitting process would cause an immediate suspension in the future for a specified
amount of time. Brown pondered if the Board could actually make the stipulation of immediate suspension
without the case coming before the board again. The Board agreed Brown was a correct in his assumption.
Brown asked if he changed his motion to make the time of suspension sixty days instead of thirty, would that be
acceptable. Hartman noted that George had mentioned he had a speculative home to complete that would take
five to six months. Hartman thought his license should be suspended for that time period, to the point where his
BRB
June 24, 1999
Page 10
permits would generally be closed. Brown interjected that this was a stiff penalty for the first offense. Massey
felt that a suspension needs to accompany a letter of reprimand, that a suspension is a stronger statement than
just a letter of reprimand. Fielder wanted to clarify that a suspension would mean George could not obtain any
permits during that time and if he would contract for any work, clients would have to be told he could not start
the work for 30 to 60 days from now. Fielder asked Lee if a permit was applied for by a contractor under
suspension, would the Building Department have immediate knowledge of this. Lee responded that the
Building Department would be monitoring that. Lee wondered if the Board might want to include in their
motion that the Respondent be able to perform corrections and complete the work on the Meyer home.
Brown reiterated the motion before the Board. The motion was for the Board to suspend Mr. George's license
for a period of thirty days and that a letter of reprimand be placed in his file. This suspension was with the
understanding that he may continue with the work he currently under issued permits and to include continuing
work that may be necessary on the Meyer home. The motion had been seconded.
Hartman wanted to clarify what would happen to permits that may already be applied for, but not yet issued.
Brown stated that those applications would be held until after the suspension period was over.
Vote:
Yeas: Hartman, Fielder, Brown, Kruel-Froseth, Massey
Nays: None
The motion carried.
Jeff George, d/b/a Summit Companies, license will be under suspension for thirty days from this date and a
letter of reprimand placed in his file. No work may be done in the City during that time except for those that
have already obtained a valid permit currently under construction with the exception of allowing work to
continue at the Meyer home on 1531 Mountain Avenue.
6. LICENSE HEARING — DENNIS JONES, d/b/a/ Majestic Roofing:
Lee reviewed the Summary of Allegations in this case. On June 10, 1999, a stop work order was issued by a
City Building Inspector for 1237 Southridge Drive. This work was being done by an unlicensed contractor and
no permit had been obtained.
A roofing license was granted the same day for Majestic Roofing in order to allow work already begun at 1237
Southridge Drive the could be completed. A permit was also issued for that job. This license was granted with
the stipulation that it be suspended after that job was finished until the time of this hearing on June 24, 1999.
At the time of Majestic Roofing's license issuance, they were notified that proof of Workers's Compensation
insurance was required before roofing cards could be issued to the employees that were listed on the Roofing
Employee Affidavit. Staff was notified that only one of the persons on that list was an actual employee of
Majestic Roofing. Majestic Roofing was notified that that only the license holder and valid employee's covered
by that companies Workman's Compensation policy could complete the roofing job at 1237 Southridge Drive
once the appropriate registration cards were obtained. They were also advised that if additional help was
needed, any subcontractors utilized would have to obtain individual licenses, or must already possess a valid
City roofing license.
As of this date, no Worker's Compensation insurance certificate has been submitted to Building & Zoning, nor
have any employee roofing cards been issued.
On June 11, 1999, the same City Inspector issued a stop work order for 2930 Wagonwheel. Again, there was
roofmg work in progress by Majestic Roofing, and the work was being done without a permit and was using
roofers who were not registered and/or licensed with the City.
As of June 16, 1999, no permit had been obtained for the Wagonwheel address.
U
11
BRB
June 24, 1999
Page 11
Based on the above acts, Staff believes these actions were willful and deliberate. Lee listed infractions of
Majestic Roofing of the Fort Collins Contractor License Regulations as described in Section 15-158(f) of those
regulations.
Respondent, Dennis Jones, addressed the Board. Jones stated that he could not deny everything that Lee had
read, was absolutely fact. Jones said he did actually have two roofs in progress at the time. Jones stated he had
documentation that he had faxed over from the City to find out licensing requirements, received that
information at his office in Northeastern Colorado, but was out in the field and when he returned and then was
called to the Denver office due to damages in that area. Jones reported he spent several days in the Denver area
and simply did not get licensed here. Jones stated that he holds licenses in several different areas of the state.
He noted that each area has different requirements. Jones said something he would have liked to have done was
call the Building Department and tell them that he actually had two roofs going, but he knew he only had
authority to finish one.
Jones mentioned that the other municipalities in which he holds licenses, would confirm that they are there to
work with them, not against them. Jones believes that all need to work together to come up with something that
works for everyone and would be in the best interest of the homeowner. Jones pleaded guilty as charged. Jones
presented to the Board some information about Majestic Roofing. He wanted to point out that Majestic Roofing
is a patron member with the City of Denver Better Business Bureau, which he believes is one of the most
difficult areas to work in. He also mentioned his company was selected by the BBB to shoot a Channel 7
situation on roofing. Jones reiterated that it was difficult to know all the procedures in all the different areas.
Jones said Majestic had just recently been trying to establish a market in this area and they did not come here to
do things wrong, they came here to do them right. He reiterated that they did have information on licensing
faxed to them by the City. He wondered about the requirement for three letters of reference and how those
letters could be obtained by someone trying to get a license but was unable to do any work until they had a
license. He said that was not a problem for him, but it was a source of confusion.
Lee asked Jones that being mindful of all the varying regulations across the state, would that not prompt him to
call the different jurisdictions and ask about their licensing and roofing regulations etc. Jones replied that they
actually did do that and the City faxed to them what the requirements were for licensing and an example of a
permit so they also could see what those looked like. He admitted that he simply did not obtain a license. Jones
stated that the largest time his company spends internally is getting building permits and inspections. Making
things more difficult for him was the fact that it is not uncommon for them to complete a roof in less that four to
five hours. Jones said he does not foresee his company being successful on the procedure of the City's roofing
inspections and this concerns him.
Lee questioned Jones about having the licensing material in advance and the knowledge of the requirements and
he proceeding with the work anyway. Jones responded that he did so. He suggested that perhaps the City might
want to consider what is in the best interest of the homeowner and themselves after a violation has occurred.
Kreul-Froseth asked if Jones had any procedures in place that is standard with his company to obtain permits
regardless of what community he is working in, if there was some sort of system in place that he oversees.
Jones answered that it is usually up to him to do that job.
Massey wanted clarification from Jones that if fact he did receive information from the City and had read it,
understood it, but then went ahead and started a job, was issued a stop work order on one, but then started
another job anyway. Jones said that the second job had already been started when he received the stop work
order on the first. He also said at the same time he received the information on licensing from the City of Fort
Collins, he was receiving information from many other municipalities. He said he would like to have all the
licensing in place, but it is difficult. Regarding the work that was in progress and stopped, he wanted the Board
to know that he asked the homeowners if they wanted him to continue and they replied that they did, then when
he asked the City if they wanted him to complete the job, they also replied that they did. Jones wanted to make
the statement that he believes stopping certain construction jobs in progress that do no have permits is
acceptable and understandable, but he did not think that doing that with a roofing job was advisable. Jones said
• • BRB
June 24, 1999
Page 12
that action of that nature on a roofing job should only be taken after the job is completed and inspected, due to
the liability aspect of it in regards to water damage etc. Massey said he would turn that around and put that
liability issue back onto Jones for starting a job without a license, knowing that he could be stopped at any time
and the possibility of water damage and liability would revert to him rather than the City. Jones replied that he
didn't think anyone present wanted to take the time to determine who would be liable, but he wanted to state
that it was a concern of his.
Fielder asked Jones when he first became aware of the stop work order on the June 10, 1999 job. Jones
answered that he became aware of it on that day. Fielder noted that Jones having that knowledge, let the other
one continue. Jones replied that the other job was already in progress and it was made clear that he was allowed
only to complete the roof for which the stop work order had been issued and that he did not believe it was
appropriate to ask the City to allow them to install another roof.
Brown questioned Jones on his policy on Worker's Compensation and why his employee's did not have it, or if
they indeed did. Jones replied that the City of Fort Collins is the first one he has run into that requires what they
call a Roofer's Card and most all of his roofing is done under a sub -contract basis. He went on to explain that
his company is audited every year by different insurance companies that he has policies with and his company
pays different amounts for general liability depending on what type of insurance the sub -contractor has. Jones
asked Lee if he was correct in his understanding that the City required their sub -contractors to be licensed. Lee
responded that the City does require that licenses be obtained by sub -contractors unless they are an actual
employee of the contractor.
Hartman asked Lee that if in fact Majestic Roofing had been issued a license and whether that license was to be
suspended at the completion of the project in question. Lee responded that was correct. Jones interjected that
the suspension was up until today's proceedings and he had not done any other roofs here since then. Hartman
asked about the second house that the Respondent was stopped on. Jones said with that exception, they had not
done any other roofs. Fielder asked Lee if it was a hearing procedural process how the Building Department
issued a license and then suspended it. Lee responded that was correct and that the Building Department was
sensitive to the homeowner's plight in those cases.
Hartman asked Lee if there was any reason why a contractor in this position would not want to disclose that
they had other work in progress, other than the possibility of receiving double permit fees. Lee said that was a
possibility and he could only surmise what would be the motivation for not disclosing that.
Massey said he also wondered what the motive could be in that case, reiterating that on June 10, 1999, the City
stopped the Respondent's work and who then in turn, worked with the City to obtain his license knowing that
they would allow him to complete the first job. Massey believed the City was obviously showing some
compassion by allowing him to finish that job. Massey thought it shouldn't have been a problem to tell the City
about the second job. Jones agreed that he should have, but he was the one personally involved and he did not
feel comfortable doing that.
In closing, Jones stated that he would like to work with the City to find an effective way to deal with the timing
of inspections, the alterations of schedules due to weather and the requirements of having a ladder on site. The
Respondent believes these things make it hard to comply. Jones also wanted to say that he is here to do things
right. He went on to say that he is guilty of the alleged infractions, which are not alleged. The Respondent
concluded that he does want to be licensed and do business in Fort Collins the proper way.
Lee commented that he understands the plight of the trades in the industry here. Regardless of that fact and
how businesses decide to operate, the City has rules to follow. Lee said the City tries to be as flexible within
those rules as possible. Given the testimony of the Respondent and the facts from the incidents before the
Board, it appeared to Lee that the Respondent committed deliberate acts, although he did not presume what the
motivation might be.
Hartman questioned Lee that he had not seen any reference anywhere that a permit was finally obtained for the
address on Wagonwheel. Hartman asked if that is the case, would the City have allowed a permit to be obtained
for that address. Lee stated that a permit had still not been obtained for the Wagonwheel address, but assuming
• • BRB
June 24, 1999
Page 13
that the job was in progress, the City would have allowed a permit so it could be completed. Jones responded
that at the first job a permit was pulled and it was inspected, but he did not know the status of the one on
Wagonwheel, but if his licensing allowed, a permit would be pulled and the job inspected. Jones further noted
that the job on Wagonwheel was complete.
Brown stated that the Board needed to make a finding of fact by a majority vote. He went on to say that
through his own admission, Mr. Jones admitted to failure to comply with getting a license and permit before
starting work in the City. Brown further noted that it seemed to him, particularly in the roofing industry, not
just Mr. Jones, but others that have been before the Board recently, have the attitude that they are going to get
the work, get it done and permitting is secondary. He thinks the Board should send a message to the roofing
community.
Hartman made a motion that the Board have a fording of facts against Dennis Jones d/b/a Majestic Roofing, that
there was willful and deliberate disregard of the Building Code, failure to comply with any provision of the
Code related to a specific construction project under the responsibility of the certificate holder or license holder.
There was failure to obtain the required permit for the work performed or to be performed and performance of
work for which a license or supervisor certificate is required without a valid, current license or supervisor
certificate. Fielder seconded the motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kruel-Froseth, Massey
Nays: None
The motion carried.
Brown asked for a Board discussion or motion on what, if any, penalties might be assessed by the majority vote
on these violations.
Massey made a motion to suspend the license of Dennis Jones for 30 days, with the exception of obtaining a
permit for 2930 Wagonwheel and its subsequent inspection and that a letter of reprimand be placed in his file.
In This suspension would be in effect from this date. Fielder seconded the motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kmel-Froseth, Massey
Nays: None
The motion carried.
Brown addressed the next item on the agenda, License Hearing for Larry Wall, d/b/a/ Darby Enterprises. Lee
interjected that Mr. Wall was not present at this time and in the interest of a patient appellant, Mr. Randy
Richardson, could the Board adjust the agenda to accommodate Mr. Richardson at this time.
Brown agreed to accept Mr. Richardson at this time.
EXAM WAIVERILICENSE UPGRADE REQUEST — Randy Richardson, d/b/a Richardson Construction
Company:
Appellant, Randy Richardson, addressed the Board. Richardson proceeded to tell the Board that he has been in
the building trades since 1969 and in the Fort Collins area since 1973. He began construction here with a D
license and then obtained a C1 license, he would like to upgrade that license to a B classification. Richardson
stated that he has had several opportunities to bid work that was beyond what was allowed by his current
license, but he was unable to accomplish that due to his license limitations. He now has the opportunity again
to do work beyond the scope of his current license and in fact had been approached by a company that wants
Richardson Construction to do their work. This entails work on a simple commercial building, but it exceeds
his current license scope by approximately 1,300 square feet. Currently his license will allow him to do a two
story up to 7,500 feet. The project he would like to do is a one story cinderblock structure with square footage
BRB
June 24, 1999
Page 14
of approximately 8,800 square feet. The next step up for him would be a B license and would allow him to do
the proposed job, but he has not obtained that license yet.
Brown asked Richardson that if the reason he did not have a B license yet was because he did not have enough
experience with that category of job to qualify for that license. Richardson replied that he has worked as
superintendents for companies with the same requirements in the state of Alaska. While in Alaska, he and a
partner had their own company and Richardson did quite a few larger jobs there, but no licensing was required
in that state, only bonding requirements.
Richardson said what he was really asking of the Board was for them to grant an exception to his C I license
stipulations and allow him to exceed the square footage criteria of his license by approximately 1,300 square
feet, and that he be allowed a variance for him to use his current license to construct this 8,800 square foot
building.
Kruel-Froseth recounted that she believed the Board had in the past made exceptions of this nature for one-time
projects.
Massey agreed that it has been done before. He asked Richardson if there were some specific examples of
buildings of similar situations with similar materials that he would be using in the proposed project. Richardson
replied that the closest past project like that would be one in Anchorage, Alaska, this was a police photo lab that
was a two story of cinderblock construction. Richardson said he also did a project for a farm implement
company that was also of cinderblock construction, steel web trusses and flat roofed.
Richardson recounted some commercial work that he did while living in California, more as a carpenter at that
time, but that he has been in a position of responsibility and authority in his own business for about 20 years.
He believes that even when working with differing materials, if you can read a set of prints and hire sub-
contractors that are reputable, it all basically falls under the same principals of support.
Fielder asked Lee why, in Colorado, was it that a single story building did not require an architect or engineer's
stamp. Lee responded that he could not recall the exact provisions for that, but there is a threshold. He believed
it was more that 4 units if multi -family. Fielder said what he was wanting to know is if there would be a
situation in this instance that an engineer may not be involved with this project. Lee stated that locally, we do
require an engineer's stamp on projects of this nature. Richardson mentioned that currently, the Building
Department was requiring footing and foundation inspections be done by a structural engineer on new projects
due to the shortage of City inspectors.
Massey asked Delynn Coldiron if there had been anything negative placed in Richardson Construction's file
over the years. Coldiron replied that there was nothing in the file in that regard.
Brown asked Lee to clarify what the differences were in going from the C 1 to the B license classification. Lee
answered that the C 1 is up to 7,500 square feet and/or a maximum of two stories of virtually any building
occupancy. A "B" classification allows up to 5 stories of occupancy and no square footage limitations. Brown
inquired if it was correct that Richardson could build this building if it was 7,500 square feet, but because the
square footage is over that amount, is the square footage difference why he couldn't build it under his C 1
license. Lee replied that's true as long as the building also was not over two stories.
Kmel-Froseth made a motion that the Board allow Randy Richardson to build the single story, 8,800 square
foot building as described in his letter submitted to the Board under the CI license he currently holds. Fielder
seconded the motion.
Massey asked if the Board should allow some square footage leeway in this case, or would the building be
exactly 8,800 square feet. Richardson responded that the plans indicate 8,800 square feet, but it could be
subject to change. Massey would like to increase the square footage allowance that the Board was making to
9,000.
BRB
June 24, 1999
Page 15
Massey made a friendly amendment to the motion before the board to raise the square footage allowed
Richardson to 9,000. Fielder seconded the motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
Nays: None
The motion carried.
8. LICENSE HEARING - Larry Wall, d/b/a/ Darby Enterprises:
The Respondent, Larry Wall was not in attendance at this hearing. Brown questioned the Board if they would
like to postpone his case due to his absence until the following BRB meeting. Lee noted to the Board that
Wall's license was currently under suspension and Lee's authority was limited to authorize a fifteen day
suspension, so the Board would have to address that issue at this meeting. The Board decided to hear the case
in Wall's absence.
Lee presented the Summary of Allegations in this case. On June 10, 1999, a City Building Inspector issued a
stop work order for 505/511 South Shields St. There was roofing in the progress at this address. It was
determined that the work was being done by an unlicensed contractor and no permit had been obtained.
The contractor subsequently submitted an application to obtain a roofing license that same day. A license was
granted, only to enable the contractor to continue the work at the address noted above. Due to the violations
that had occurred, the license was placed on suspension thereafter until this meeting today.
An employee of Darby Enterprises that had submitted the paperwork for licensing, was notified of the Building
and Zoning requirements for proof of Worker's Compensation insurance before the employee's listed on their
Roofing Employee Affidavit could be issued valid roofing cards and continue the work at 5051511 South
Shields. No Worker's Compensation insurance information was ever submitted to Building & Zoning, and
therefore, no employee roofing cards were issued for Darby Enterprises.
A roofing permit was obtained for the above -referenced job. Double permit fees and an $50 investigation fee
were imposed.
Given the information above, along with the evidence provided from the City Inspector who noted the incident,
Staff believes the acts were a willful and deliberate disregard of the Building Code, or other Codes adopted by
the City related to this specific project; failure to comply with the provisions of the Code related to that project;
failure to obtain the required permit and performance of work for which a license is required without a valid,
current license.
Brown requested that the record show Mr. Wall was not present to defend himself or make an opening
statement on his behalf.
Kreul-Froseth asked Lee if Wall had received a copy of the Hearing Notice and agenda with information on his
license hearing today. Lee responded that he had received that information. Fielder asked Lee, that if to his
knowledge, was there currently any other permits issued to Wall or Darby Enterprises. Lee replied that there
was not any other permits at this time that he was aware of.
Brown wanted to clarify that Wall did not have a current City license and did not have one in the past. Lee
confirmed this to be true.
Kreul-Froseth made a motion and finding of fact that Mr. Wall's actions fall under the category of violations to
include; failure to comply with any provision of the Code related to a specific construction project under the
responsibility of the certificate holder or license holder; failure to obtain any required permit for the work
performed or to be performed and Performance of work for which a license or supervisor certificate is required
BRB
June 24, 1999
Page 16
without a valid current license or supervisor certificate. She did not believe the Board could determine whether
these acts were willful or not, given the absence of the Respondent at this meeting. Fielder seconded the
motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
Nays: None
The motion carried.
Brown asked for a motion for an appropriate action on this case
Kreul-Froseth wanted to clarify that Darby Enterprises did obtain a license, if only to have it put on suspension
immediately following the completion of the job referred to in this case. Lee responded that was correct and
that the suspended license was only in place up until the date of this hearing. Lee elaborated that a license was
only issued to Darby so that they could complete the job in question. A permit was issued only for this job.
Fielder wanted to clarify that Darby Enterprises was not issued a contingent license, that it was actually a valid
license which was under suspension. Lee confirmed this.
Brown made a motion that the Board suspend Wall's license for thirty days from today and that he have a letter
of reprimand placed in his file, but that he be allowed to finish the one job at 505/511 South Shields during this
time frame. Fielder seconded the motion.
Massey questioned the consequences if Wall did not show up at the next hearing to respond to actions taken
here. It was the Board's consensus that he was not required to attend another hearing.
Kruel-Froseth asked if the letter notifying Wall of the actions taken by the Board would be sent certified mail.
Lee responded that it would be sent with some sort of guaranteed delivery.
Vote:
Yeas: Hartman, Fielder, Brown, Kmel-Froseth, Massey
Nays: None
The motion carried.
9. LICENSE HEARING — James Postle, d/b/a James Construction Company:
Lee wanted to have the Board refer to a letter that had been passed out at this meeting in regards to James Postle
and the allegations against his license. In this letter, Postle was asking for a meeting deferral. Lee told the
Board that he had offered to defer their hearing from this meeting until the next and as noted in the letter, their
attorney is requesting that it be deferred until August. Brown asked if they gave a reason for the deferral
request. Lee responded that the only reason he knew of was that their attorney would be out of town for the
next meeting. Massey commented that the reason Postle may want to delay the hearing was because they had
work to complete and by allowing the extra time, they might complete it before his license would be in jeopardy
of suspension. Lee replied that he couldn't speculate on that.
A brief discussion ensued regarding what the possible motive might be for delaying the hearing. Lee touched
lightly on some of the background on this case, but didn't elaborate, as this information would be covered at the
time the Board determined to hear this case.
Brown made the motion to hear the case of James Postle, d/b/a James Construction Company at the next
hearing to convene on July 29, 1999. Fielder seconded the motion.
Vote:
Yeas: Hartman, Fielder, Brown, Kreul-Froseth, Massey
BRB
June 24, 1999
Page 17
Nays: None
The motion carved.
10. OTHERBUSINESS:
The Board had a brief discussion on vacation schedules of the Board and if they would have enough members at
the upcoming meetings to constitute a forum. Arrangements were made to ensure that there would be adequate
coverage at upcoming meetings.
Brown mentioned that this meeting would be his last to sit on the Building Review Board as he did not renew
his application.
Meeting adjourned at 4:05 p.m.
Felix Lee, Director of Building & Zoning