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HomeMy WebLinkAboutBuilding Review Board - Minutes - 05/28/1993P 0 6 BUILDING REVIEW BOARD MAY 28, 1993 9:15am - Regular Meeting Minutes Members Present: Harry Cornell Chris Allison Mike Sutton Charles Cotterman Mark Goldrich Doug Johnson Members Absent: Susan Kreul-Froseth Staff Liaison: Felix Lee Council Liaison: Ann Azari Staff Present: Felix Lee Paul Eckman Ann Reichert The meeting was called to order by Chairman Harry Cornell. The minutes from the February meeting were approved. Art Paterson, Robart Development Company, appeared before the Board requesting a Class D License and Certificate. Mr. Paterson explained to the Board why he was applying to the Board. Paterson explained he had extensive experience with developing real estate. Paterson told the Board he has always worked through a licensed contractor but has had hands on experience with hiring, firing and paying subs. He requested that Robart be the a license holder and his son Shane Paterson,be the certificate holder and run the jobs. Paterson stated Shane graduated three years ago from CSU in the construction field. The Board decided it would look at this as two applications , one license holder only for Robart, and one for certificate holder by Shane Paterson. Building Review Board May 28, 1993 Page 2 Mr. Paterson stated he had 25 years in the real estate business, and that he is in the development end of construction. He said he started Paterson and Associates 13 years ago and has done numerous investment projects. Paterson stated he is involved in the development from the raw land to complete development, PUD process, and the final phases of the project. He said ten years ago, he developed and built the Rainview Adult Project, 75 dwelling units. The project is only 50% complete presently, but because the market is so active now, the plan is to build 26 more units. Mr. Paterson stated he was a partner with Bartran and developed Stewart Park. He also built his own home. He stated he understands a project from getting an architect, to bidding, pulling permits, managing payroll and maintaining quality as standard operating procedures. He stated he has a licensed certificate holder to be the supervisor on the job. Mark Goldrich moved to approve Robart Development for a class D license. Doug Johnson seconded the motion. Yeas: Sutton, Allison, Johnson. Abstain: Cornell. Nayes: Cotterman. The motion passed. Building official, Felix Lee asked each board member to state the finding of fact. Board member Allison stated he felt Mr. Paterson had adequate experience for a class D license. He would like to see one additional job verification from someone other than someone directly involved with his adult community project. Board member Johnson stated the management and administrative duties Mr. Paterson has been responsible in the development business is proof he is capable of handling the business end of the license. Board member Cotterman stated all the documentation presented to the.Board was on one project. He stated he needed -to see more documentation. Board member Sutton stated he was familiar with the project Mr. Paterson developed. He has toured the facility and has seen the quality of the project. He stated Mr. Paterson has demonstrated the skills of management in developing this project. Building Review Board May 28, 1993 Page 3 Board member Goldrich moved to approve Mr. Paterson for a license because he believes Paterson has demonstrated the ability and has the qualifications for running a business based on the job verification forms and the information Mr. Paterson has given the Board. Board chairman Cornell stated this was an isolated case and that Mr. Paterson has been involved in construction/development for many years, and therefor has no problem granting a license. Board member Sutton moved to deny Shane Paterson for a Class D certificate. Board member Allison seconded the motion. Yeas: Cornell, Sutton, Allison, Johnson, Cotterman. The motion passed. Felix Lee, Building Permits and Zoning Director, reviewed the complaint against C.L. Carey Roofing. Mr. Lee stated a permit was not obtained by Mr. Carey to do a roofing job. Mr. Carey and his attorney, Joe Fonfara were present. Mr. Carey stated he was too busy to get a permit and that he just forgot. Mr. Lee submitted to the Board minutes from Building Review Board's May 1988 meeting, in which the Board found Mr. Carey had committed the same violation. Mr. Carey stated the reason that complaint was brought before this Board five years ago was because he had a disgruntled employee. Mr. Carey stated he paid double for the permits he did not obtain. Board member Sutton stated he was concerned that Mr. Carey had been before the Board for the same problem. Mr. Sutton stated he was concerned Mr. Carey was not getting permits for other roofing jobs. Mr. Fonfara stated if the Board desired, he;would go through Mr. Carey's records and check to see if all jobs had permits. Board member Sutton re -stated his concern that Mr. Carey was before this Board for the same problem and that Mr. Carey did not take steps to correct his procedures to insure it did not happen again. Building Review Board May 28, 1993 Page 4 Board member Cotterman stated Mr. Carey's excuse that he forgot to get a permit was a weak statement and felt Mr. Carey's license should be suspended for one year. Mr. Carey stated he does work in Wyoming and Colorado and his son was responsible for the Fort Collins operation. Mr. Carey added he had recently brought a computer and cut back his office staff. He said he was still trying to get organized entering jobs/files on the computer. Mr. Carey stated he employees approximately 5-6 employees and he does approximately $300,000-$400,00 in jobs per years and of those jobs, Mr. Carey estimated about a 50/50 split between Colorado and Wyoming with 20-30 jobs per year in the city limits that require permits. City Attorney, Paul Eckman told the Board it could choose three possible penalties. 1) probation 2) suspend or revoke license 3) letter of reprimand. Mr. Eckman reminded the Board to be cautious, Mr. Carey's former debt on the first violation has been paid, but the Board could consider this complaint in the context of past action. Mr. Lee stated when the roof was completed, Mr. Carey should have called for a final inspection, and at the time would have been reminded he did not get a permit. Board member Sutton made a motion of that upon Mr. Carey's omission, he failed to obtain a permit for a re -roof job at 2304 Brookwood Drive. Mr. Johnson seconded the motion. Yeas: Cotterman, Johnson, Sutton, Cornell, Goldrich. The motion passed. Board member Goldrich stated that if :this violation goes unpunished, the Board would be setting a precedent telling other contractors there was no consequence for not taking out a building permit. He also was concerned this could have happened before, but not until someone complained was it caught. Board member Cotterman stated this was a serious violation and needed to have serious penalties. Building Review Board May 28, 1993 Page 5 Board member Sutton stated the Board was unable to look back at Mr. Carey's previous record, but felt this was a serious violation and needed serious penalties. He noted that Mr. Carey had been on probation once before, did not change his procedures allowing the violation to recur. Mr. Sutton said probation was not a serious enough penalty. Mr. Carey's attorney suggested that probation could be an option, and that a monthly reporting to Building Inspection could be put into place for Mr. Carey. Discussion was held regarding a reporting procedure, the Board decided it was not appropriate. Mr. Carey explained to the Board the events that happened in 1988 when he was placed on probation for not obtaining permits. He stated an employee had stolen some equipment, was caught, fired and then turned in Mr. Carey for jobs not obtaining permits. Mr. Carey stated he had forgotten to get those permits, but had paid double fees after it was brought to his attention. Mr. Sutton re -stated that this violation has happened again and Mr. Carey did not change things after the first probation. Board member Allison stated he was on the Board in 1988 and remembered the first incident. Mr.Allison pointed out that an average of 2-3 jobs per month in the city limits would not put Mr.Carey out of business if Mr. Carey's license were suspended. The one year probation in 1988 did not get the message to Mr. Carey that it was law to obtain permits. Board member Sutton agreed with Board member Allison. Board member Cotterman stated it was a serious violation to do work in the city limits without a permit. It could be harmful to the public. The consequences need to be serious. The Board needs to get the message out that contractors cannot build without a permit. This violation is too serious for just probation. Board member Cotterman moved to revoke Mr. Carey's license for 12 months. There was no second, the motion died. 4 n Building Review Board May 28, 1993 Page 6 Board member Sutton moved to suspend Mr. Carey's license for a period of three months followed by a 12 month probation. There was no second, the motion died. Board member Allison moved to suspend Mr.Carey's license for three months followed by a 24 month probation, such that if a violation occurs during that time, a suspension on 12 months would be imposed. Board member Sutton seconded the motion. Yeas: Sutton, Allison, Johnson. Nayes: Cotterman, Abstain: Goldrich. The motion passed. Other Business Mayor Ann Azari would like to meet with this Board. She has a time conflict and cannot meet at this time. Felix will check with the Mayor's office and schedule a lunch or breakfast meeting. Felix stated he sent out a survey to all contractors and Code Review Committee, and received approximately 30. The result of this survey will be given to the Code Review Committee. The meeting was adjourned.