MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
DECEMBER 10, 2003
The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held December 10, 2003, at 3:00 p.m. in the Conference room of the Santa Rosa County Building Inspection Department located at 6051 Old Bagdad Highway, Room 202, Milton, FL 32583. Board members present were Mr. Charles “Pete” Southerland, Chairman; Mr. Larry Hall, Vice-Chairman; Mr. Frank Harold, Mr. Danny Holt and Mr. Jeff Ates.
Building Inspection Department staff in attendance were Mr. Tim Tolbert, Building Official; Mr. Skip Tompkins, Compliance Division Superintendent; Mrs. Rhonda Royals, Building Department Coordinator; and Ms. Amy Allen, Permit Analyst.
Mr. Tom Dannheisser, County Attorney was absent for the meeting.
Mr. Southerland, Chairman called the meeting to order at 3:00 p.m.
Approval of Agenda:
There were no changes to the agenda. Mr. Harold made a motion to accept the agenda. Mr. Holt seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Holt made a motion to approve the minutes from the November 12 , 2003 meeting. Mr. Ates seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Wednesday, January 14, 2004, at 3:00 p.m.
James R. Leland VS Vance Rockwell d/b/a Rockwell Construction
Mrs. Royals briefly explained the case to the Board. This complaint was filed by Mr. James Leland against Vance Rockwell d/b/a Rockwell Construction. Rockwell Construction constructed a single family dwelling for Mr. Leland. The Building Department did meet with Mr. Leland regarding his complaint. The complaint dealt with the contractor who pulled the permit had aided and abetted an unlicensed contractor by the name of Kenneth Lipsey d/b/a Lipsey Homes.
The complainant had an agreement with Lipsey Homes to construct a new single family dwelling. Mr. Lipsey had been issued a temporary license from Santa Rosa County. He had not been issued a state registration on the state level but did receive a Santa Rosa County Competency Card in 1997. This temporary license was only valid for six (6) months. When Mr. Lipsey began the permitting process for Mr. Leland’s construction, it was discovered that he could not pull the permit.
At that time, Mr. Lipsey mentioned a business partner, Mr. Vance Rockwell, who could pull the necessary permits. Subsequent to that, application was made for a permit. Mr. Lipsey submitted the application on Mr. Rockwell’s behalf to obtain a permit for Rockwell Construction. Mr. Leland signed a contract with Mr. Rockwell. Mr. Rockwell is licensed in Santa Rosa County.
After construction began Mr. Leland issued payments to Mr. Lipsey who was acting as a superintendent. The Building Department did send notice to Mr. Rockwell stating that a complaint of aiding and abetting an unlicensed contractor had been filed. Mr. Rockwell did submit a response to the alleged violation. The Building Department has not received any documentation showing proof that Mr. Lipsey was on Mr. Rockwell’s payroll and that he was acting as a superintendent for Mr. Rockwell. Randy Jones, Compliance Investigator, did investigate this complaint.
Mr. Harold and Mrs. Royals discussed the issuance of payments to Mr. Lipsey, Lipsey Homes, rather than Mr. Rockwell. However, the contract was signed by Mr. Rockwell.
Mr. James Leland was in attendance to state his case. Mr. Leland approached Mr. Lipsey to bid a set of plans. A proposal was completed. Mr. Leland did ask to see Mr. Lipsey Contractor’s license but was told it was not available. At that time, Mr. Leland checked on the Santa Rosa County website to check for Mr. Lipsey’s license status with the county. The problem discovered was that his insurance had lapsed.
When Mr. Leland and Mr. Lipsey were to sign paperwork at the bank, Mr. Lipsey said that there was a problem with either his insurance company or Santa Rosa County and that Mr. Rockwell could sign the paperwork. Mr. Leland agreed to have Mr. Rockwell sign all paperwork and pull the permits.
The construction process began with many interruptions and problems. When the Certificate of Occupancy was issued, a dispute between Mr. Leland and Mr. Rockwell began regarding the final payment of the construction. The price of the contractor had increased from $124,700 to $134,000. There was only one signed change order for the entire project.
Mr. Leland did not pay Rockwell Construction; all money was paid to Lipsey Homes, Inc. Many of the bills still owed and liens were in Lipsey Homes, Inc. At this time, Mr. Leland visited Santa Rosa County website to verify Mr. Lipsey’s contractor’s license. It was discovered then that Mr. Lipsey did not have a license during the time of the construction for Mr. Leland. Mr. Leland was told by his bank that Mr. Rockwell was the contractor of record and that he was in charge of the project.
Mr. Southerland and Mr. Leland discussed the happenings between the construction of his house (August 2001) and the present meeting. Mr. Leland explained that he had visited the Building Department after the construction. Mr. Leland decided not file his complaint at that time.
Mr. Leland hired another contractor after he had received his certificate of occupancy to finish the punch list items.
Mr. Leland discovered that there were several bills that had not been paid by Mr. Rockwell or Mr. Lipsey for the construction of Mr. Leland’s single family dwelling.
Mr. Southerland and Mr. Leland discussed the payment process. Mr. Leland was told by Mr. Rockwell to make all checks payable to Mr. Lipsey of Lipsey Homes, Inc.
Mr. Leland was served with small claims from Mr. Rockwell in the amount of $6,000.00. Later, he was served with small claims from Mr. Lipsey for the same amount of money.
At that time, he filed the complaint with the Building Department.
Mr. Harold and Mr. Leland discussed the amount of the contract price. The amount of allowances and the amount of change orders were discussed with the Board. Mr. Leland did agree on some of the extra change orders; however, none were signed. Mr. Leland and the Board discussed the amount of the bids from other builders.
Mr. Hall discussed the amount of the contract price. Mr. Leland said that the original contract price was $124,700.00. Mr. Leland has paid Mr. Rockwell $100,400.00. A discussion ensued on the amount of liens. There were no outstanding official liens for this construction.
Mr. Harold and Mr. Leland discussed the liens that had been placed against his home but that have been satisfied at the date of this hearing.
The Board conversed that the amount of the contract price would not be addressed by the Board, only the aiding and abetting of an unlicensed contractor would be heard.
Mr. Holt and Mr. Leland discussed the layout of the septic tank and the square footage of the house.
Mr. Leland addressed the Board about the relocation of the house. Mr. Leland stated that he did not relocate the house; the builder was the one who moved it.
Mr. Vance Rockwell was in attendance to state his case to the Board. Mr. Rockwell stated that he is the contractor of record. Mr. Lipsey was intended to be the contractor but he was unable to pull the permits. At that time Mr. Rockwell stepped in. Mr. Lipsey became Mr. Rockwell’s agent for the job.
Mr. Rockwell explained to the Board that all money for the project was in his hands. Mr. Rockwell signed the affidavit releases and signed for all of the draws. Mr. Rockwell submitted a document to the Board that showed the agreement between Mr. Rockwell and Mr. Lipsey.
Mr. Rockwell discussed that the contract price for the project was for $124,000; however, Mr. Rockwell has only been paid $100,000. The dispute among Mr. Leland and Mr. Rockwell did not begin until the end of the construction.
Mr. Harold explained that the Board would need to see records showing that Mr. Lipsey worked for Mr. Rockwell such as payroll information. Mr. Hall reviewed State Statute 489 for the Board.
The Board discussed the signed agreement between Mr. Rockwell and Mr. Lipsey.
Mrs. Royals explained the discrepancy with Mr. Lipsey’s license. In 1993 Santa Rosa County adopted an ordinance that outlined that a contractor, as of April of 1990, who held a state registration and occupational license but for reasons beyond their control did not get grand fathered in as a building contractor, general contractor or residential contractor could seek and obtain a temporary license in Santa Rosa County for a period of six months while they prepare for the exam. Mr. Lipsey did obtain the temporary license without the necessary paperwork. The temporary license was granted to him in error. Mr. Lipsey did pay the fee for the temporary license which he obtained in 1997. The license would have already expired prior to the agreement with Mr. Leland.
Mrs. Royals explained to the Board that Mr. Rockwell did pull the permit. Mr. Lipsey signed the application acting as an agent to Mr. Rockwell. However, the permits were issued to Mr. Rockwell d/b/a Rockwell Construction.
Mr. Rockwell and Mr. Harold discussed the payment process among the construction of Mr. Leland’s home. The Board read the agreement between Mr. Lipsey and Mr. Rockwell. The Letter of Authorization allowing Mr. Lipsey to sign for permits issued to Mr. Rockwell was also read.
Mr. Harold made a motion to move the case to a Formal Hearing. Mr. Hall seconded the motion.
Mr. Holt and Mr. Randy Jones, Compliance Investigator, discussed the investigation. Mr. Jones believed that Mr. Lipsey should have been on Mr. Rockwell’s payroll.
Mr. Ates and Mr. Rockwell discussed the payment of the sub-contractors for the project.
The motion carried with an unanimous vote.
Mr. Leland asked the Board about code violations he had mentioned in his complaint filed with the Building Department.
Mr. Southerland discussed a problem with a guardrail at the house. Mr. Southerland explained that the contractor who finished the house would be responsible. Mr. Leland said that the problems had been repaired. The problem would no longer be considered a violation.
Mr. Ates and Mr. Jones discussed the Certificate of Occupancy issued for this project. Mr. Jones explained that Mr. Leland would have to allow Mr. Rockwell the opportunity to correct the problem before he can be held accountable for it. Mr. Harold explained that State law required that the contractor be given the opportunity to repair a problem.
Mr. Holt made a motion to adjourn the meeting. Mr. Hall seconded the motion. The motion carried with an unanimous vote.
Mr. Southerland adjourned the meeting at 4:25 p.m.
Approved this ______ day of __________________ 2004.
_______________________________________________
Charles “Pete” Southerland
Chairman
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department