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1982-10-18 10 MINUTES OF THE MUNICIPAL CODE ENFORCEMENT BOARD CITY OF OKEECHOBEE October 18, 1982 4 Hearings of the municipal code violations were held by the Okeechobee Municipal Code Enforcement Board in Council Chambers on Monday, October 18, 19 2. Chairman, Gordon Leggett called the meeting to order at 7:00 P.M. Chairman Leggett requested the Secretary to call the roll ith the following results: Michael McArthur - Absent Deara Thompson - Present Lloyd Jeffers - Absent Gordon Leggett - Present Blair Kuhlewind - Present Jerry Walker - Present Vangela McFarland - Present Others present were: Code Enforcement Officer, Mallette W stbrook; City Attorney, David Conlon; and Secretary Ruth Berndt. Chairman Leggett stated that both Members McArthur and Jef ers had called him and he ex- plained why they couldn't be at the meeting. Member McFarland moved to approve both absences. Seconded by Member Kuhlewind. Motion carried. Absences approved. APPROVAL OF MINUTES Chairman Leggett stated if all had received their copy of he minutes and are satisfied they are correct and no problems, the Chair would entertain a m tion to dispense with the reading. Member Thompson moved to accept the minutes as presented. Seconded by Member Walker. Motion carried. DISMISSAL OF CASES: Mr. Westbrook requested the following case be dismissed: 153-82 Kenneth E. and Sharon Nipper This is in compliance as the dog is fenced in. Chairman Leggett asked for a motion to dismiss Case No. 15 -82 because they are in comp- liance. Member Walker so moved. Seconded by Member McFarland. Motion carried. CONTINUANCE OF CASES: Mr. Westbrook requested the following cases be continued: 105-82 Ralph and Nancy Bork - Property is being clean d, but wet weather is holding up completion. 152-82 Buddy & Esther Hair - Hasn't been served and t has been reported they made the statement they will not accept a subpeon from the police dept. or anyone else. We'll keep trying. 143-82 Richard Van Dell - Not sure he's been served. Papers given to the police Dept. 9/28/82 but haven't received anything ack to indicate he has been served. Chairman Leggett asked for a motion to continue cases 105- 2, 152-82, and 143-82. Member Thompson so moved. Seconded by Member Walker. Motion carried. Chairman Leggett inquired concerning the continuances. In the course of the discussion, Attorney Conlon advised a person cannot refuse service as Mrs. air has done and that the police can just leave it at the door if Mrs. Hair refuses it an the policeman can sign an t affidavit that it was left and an adult was there. The policem n should be present before the Board to testify about the service when case is presented. I t CASES TO BE HEARD: 150-82 Jim Harlow - Operating in the City without ob aining a license. Mr. James Harlow and Mr. Victor Koch were duly sworn n by the Secretary before testi- e money began. Mr. Westbrook asked Mr. Koch if he had contracted to ave Mr. Harlow to do a boat slip for him and was the agreement a verbal or written contract Mr. Koch stated, Yes, he had contracted for Mr. Harlo to build a boat slip and it was written the way Mr. Harlow does it. Mr. Westbrook asked if Mr. Harlow had indicated he wa a licensed contractor. Mr. Koch stated Mr. Harlow had told him he was licens only in the County. Mr. Westbrook then asked if Mr. Koch had seen any pro of being licensed anywhere and was informed by Mr. Koch that he hadn't seen any license. Mr. Westbrook asked Mr. Koch to tell the Board exactl what happened from the time he contracted Mr. Harlow until he left the job. Mr. Koch stated Mr. Harlow dug a hole and put one wid h of plywood on the form and hadn't done anything else. When Mr. Harlow was asked why e hadn't done more, he just picked up and walked off the job. At this point, Chairman Leggett stated Attorney Conlo had a technical question for Mr. Koch. Attorney Conlon stated the Board was here on an alleg d violation of our code that the contractor was operating without a license. In that realm it is immaterial as to what kind of a job he did, whether good or bad. What our concern is was he hired as a contractor for a fixed amount price. And, if he did not have a license, hat would be one thing, if on the other hand, he was working for you by the hour, time and m terials, it would be your duty to get the license and not his duty and that is what we need o know from you. Who was respon- sible for what? What the basis of compensation was? What the basis of supervision of the job was? If you could tell us these things, that is all w 're concerned with on this violati Mr. Koch stated Mr. Harlow said he wanted $6,300.00 t do the job. This included material and everything. Attorney Conlon asked Mr. Koch if he had any written ocuments. Mr. Koch stated he has no written documents. He also stated he hired Mr. Harlow to do t job and Mr. Harlow wanted $2,000.00 down before starting t e job, which he gave him. Another $2,000.00 was to be paid when half of the job was complete and the balance when completely finished. Attorney Conlon asked if these were draws. Mr. Koch stated this appears to be 3 draws to me on t is job and Mr. Harlow had used the word draws. Attorney Conlon then asked Mr. Koch if they had ever alked licenses and Mr. Koch stated Mr. Harlow said he wasn't licensed in the City, only in th County. Attorney Conlon asked if there were any plans drawn u and Mr. Koch stated there were some drawn up by Mr. Harlow before the agreement was made. Member Kuhlewind asked if a permit had been issued on this job and Mr. Westbrook informe him one had been issued this past week. Member Kuhlewind hen stated, when the job began there was no permit issued. Mr. Westbrook stated that is Mr. Koch stated he is gone all week and that Mr. Harl told him to sign a paper and e he (Harlow) would take care of everything, all permits, et . Member Thompson asked if it isn't the Contractors job get the permits. Mr. Westbrook stated if it is a licensed contractor t ezeis no problem. They bring in the plans and a permit is issued. ) '" Mr. Koch stated he thought he was dealing with a cont actor. Member Kuhlewind inquired as to how much time passed the job start and the time Mr. H ar low 1 eft the job si ght and was informed two we Member Kuhlewind then asked Mr. Westbrook why the Cit hadn't caught the violation sooner. t Mr. Westbrook stated it is hard to catch this sort of job as a boat slip cannot be seen from the street and it could be put in and the con ractor gone before it is even noticed the job had taken place. Chairman Leggett then asked Mr. Harlow to step before the Board and tell his side concerning the contract. Mr. Harlow stated Mr. Koch contacted him several time on this. He stated he told Mr. Koch he was not licensed to put in seawalls but that h could put them in on a home- owners permit, and he (Koch) would have to pull his own Ci y permit, which Mr. Koch agreed to do. Mr. Harlow also stated he can't work by the hour as h has had a heart attack and doesn't work an hour at a time, therefore, he puts his lab one lump sum form. He further stated Mr. Koch was advised several times the proc dure he had to go through to get the permits, not from the flood control, but the Army of Engineers and Enviro- mental Protection Agency. Mr. Harlow stated he started the project and again as ed Mr. Koch to get the permits and he (Koch) told him not to worry about it. Mr. Harlow stated he bought materials for $638. and s me few cents made out to Mr. Koch from W & W Lumber Company and Mrs. Koch has the invoi e. Mr. Harlow produced a piece of paper signed by Mr. Koch authorizing him to act a his agent. Mr. Harlow further stated he didn't take any lumber from the job. Chairman Leggett asked Mr. Koch if he had gotten the ermit from DER. Mr. Harlow said he made out all the applications for him (Koch) and M . Koch signed them and Mr. Harlow sent them in. Chairman Leggett then asked if they had to go through the Corp. of Engineers as well and the South Florida Water Management. Mr. Harlow stated they go through the Army Corp. of Engineers and Enviromental Protection Agency. Chairman Leggett then asked if they had to submit dra ings with these applications. Conversation ensued regarding the type of seawall to e constructed and Mr. Harlow stated it was approved. At this point, Mr. Westbrook asked Mr. Harlow who J & J Construction is and Mr. Harlow stated he is. Mr. Westbrook then stated that Mr. Harlow i misrepresenting himself as a contractor. Mr. Harlow Sated he is licensed to put up steel build ngs. Mr. Westbrook then asked Mr. Harlow who dug the excav tion for the boat slip. Mr. Harlow stated B & B Rent-All had dug it. Mr. Westbrook asked how the contract was signed and M . Harlow stated it was billed through J & J Construction, but that Mr. Koch's name appea s on the invoice. Mr. Harlow also stated he had rented equipment from B & B over the years, but this was the first time he had used them to do anything for him Mr. Westbrook stated that Mr. Harlow is then represen ing himself as a construction company. Mr. Harlow stated he was a construction company and s ill is, but not in seawalls t or this, but strictly as an individual. iti Blair Kuhlewind - "I feel much the same way. I feel e represented himself as a contractor, although not explicit s stating he was a contractor, by expediting all the little probl ms that go along with contracting a job." Deara Thompson - "I agree. " ~ Chairman Leggett - "So do I." Chairman Leggett then stated it is 6 to nothing, ther fore, the Board agrees that Mr. Harlow was a contractor based upon the facts that: l. He took a draw. 2. He subcontracted or charged something in his name. 3. He delegated authority. 4. He prepared permits and plans to specifications various governmental agencies. 5. He conducted himself in charge of the documentation as a contractor would. CONCLUSION: He then violated the Code based on ove finding of facts. Chairman Leggett stated since we all agree that 1 Mr. Harlow was acting as a contractor based on our findings, all those who agree say, "Aye" . Unanimous "Aye". Member Thompson moved to accept State of Finding of F ct. Seconded by Member Kuhelwind. Motion carried. Chairman Leggett asked Member Walker to make a motion on the case and desist order. Member Walker made the motion that from this day fort , James Harlow operating as an individual or as J & J Construction Company shall cease an desist operations within the City of Okeechobee during the period of time that he does ot have a contractors license. He shall cease and desist any activities which give the ap earance of a contractor in the arrangements for financing, for construction, or carrying ut the building of structures for others. To clearly be a laborer or a licensed contra tor to work in the City. Seconded by Member Thompson. No further discussion. Moti n carried. Chairman Leggett informed Mr. Harlow he may appeal a uling by the Code Enforcement Board and he has 30 days to do so under the Appeal Rights. Chairman Leggett asked if anyone in the audience wish d to address the Board. Citizen Andy Rubin stated he and Ms. Price were from he County Code Enforcement Board and were just observing. He then made some comments Jim Harlow case. ADJOURNMENT There being no further business before the Board, Mem moved to adjourn. Seconded by Member Walker. Meeting adjourned at 8:05 P.M. ATTEST: !2d t J&~ // . Ruth E. Berndt, Secretary Code Enforcement Board t City of Okeechobee 'Ì Blair Kuhlewind - "I feel much the same way. I feel e represented himself as a contractor, although not explicit s stating he was a contractor, by expediting all the little probl ms that go along with contracting a job." Deara Thompson - "I agree. " t Chairman Leggett - "So do I." Chairman Leggett then stated it is 6 to nothing, ther fore, the Board agrees that Mr. Harlow was a contractor based upon the facts that: l. He took a draw. 2. He subcontracted or charged something in his name 3. He delegated authority. 4. He prepared permits and plans to specifications f r various governmental agencies. 5. He conducted himself in charge of the job and nec ssary documentation as a contractor would. CONCLUSION: He then violated the Code based on the a ove finding of facts. Chairman Leggett stated since we all agree that we fe 1 Mr. Harlow was acting as a contractor based on our findings, all those who agree say, "Aye" . Unanimous "Aye" . Member Thompson moved to accept State of Finding of F ct. Seconded by Member Kuhelwind. Motion carried. Chairman Leggett asked Member Walker to make a motion on the case and desist order. Member Walker made the motion that from this day fort , James Harlow operating as an individual or as J & J Construction Company shall cease an desist operations within the City of Okeechobee during the period of time that he does ot have a contractors license. He shall cease and desist any activities which give the ap earance of a contractor in the arrangements for financing, for construction, or carrying ut the building of structures for others. To clearly be a laborer or a licensed contra tor to work in the City. Seconded by Member Thompson. No further discussion. Moti n carried. Chairman Leggett informed Mr. Harlow he may appeal a uling by the Code Enforcement Board and he has 30 days to do so under the Appeal Rights. Chairman Leggett asked if anyone in the audience wish d to address the Board. Citizen Andy Rubin stated he and Ms. Price were from he County Code Enforcement Board and were just observing. He then made some comments on th Jim Harlow case. ADJOURNMENT There being no further business before the Board, Mem er McFarland moved to adjourn. Seconded by Member Walker. Meeting adjourned at 8:05 P.M. v. Legget , forcement 0 Okeechobee ATTEST: tld /t: Ê~ Ruth E. Berndt, Secretary Code Enforcement Board ~ City of Okeechobee