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~ Teller County Board of Review ~ November 7, 2001 at 2PM |
The Teller County Board of Review finally held the long awaited
hearing on NorthStar's Contractors License. The meeting began
on time at 2PM. After taking about an hour to dispose of
other business, the Board recessed for 10 minutes before taking
up License Reviews. At about 3:15 PM, the hearing began. Some
two hours later the results were in: the Board voted 3 to 1
in favor of a 90-day suspension for NorthStar's license.
Attending the meeting for Teller County were Chris Brandt, the
County Attorney, Ric Radeke, the Building Official, Janet
Lloyd, recording secretary, Dave Dernbach, Board Chair, Kurt
Riggle, Sonny Strobl, Bert West, and Jim Heenan, members of the
Board.
Attending the meeting to testify, give witness, and to offer
overall support were Ted & Linda Dura, Ken Garrison, Sherry
Beeler, Rick Thomas & Alex Narado, Rui Haagen and Pat Gowland, John & Ann
Hart, Marianne Oswalt & Bob Butler, and Karen Dudnikov & Mike
Meadors. A total of fourteen in all.
Attending the meeting for NorthStar were Doug Robbins, Barbara
Robbins, and their wisp of an attorney, M James Zendejas. Babs
dressed much better for this affair, looking natty in jeans and
a tan blazer. Jimbo was the only one there wearing a coat
and tie besides the attorney for Teller County.
Board Chair Dave Dernbach seemed to immediately recognize that
the larger than usual crowd was there for NorthStar. Early on
he broached the subject about limiting discussion so they
could get the meeting over at a decent time. When the NorthStar
portion of the meeting began, Sonny Strobl excused himself as to
avoid any potential conflict. He had done septic work on the
Hart's home. That left four members to hear the complaints.
Board Chair Dave Dernbach announced that public comments would
be welcomed but cautioned the crowd that they were there to
hear complaints about building code violations and the other
articles under Section 107B. He cautioned the paticipants to
limit their comments to code issues and he further set a 10
minute limit on the speakers.
John Hart started the complaints. He went thru his and Ann's
sequence of events. He went over why they went with NorthStar;
the promises made, and broken; the commitments NorthStar refused
to make; their stay in a motel room; changes to plans; concrete
poured on frozen ground.
The board asked several questions after the Chair pointed out
that much of what was said was a civil matter and not under
their juridiction. Dave Dernbach commented that he felt the
charges of changes to plans without permission lacked evidence
and Bert West disagreed with him.
Rui Haagen was next. She handed out copies of her complaint
and tried to summerize her situation and stay within the
guidelines set by the Chair. She also had a picture board of
Polaroids to further support her position. She went over the
extra monies she was required to pay because of NorthStar's
dragging their feet; the changes to construction plans; the
lack of completion of parts of her home; the gas being cut off;
holes and trenches in the yard; also reminding M James Zendejas
that Barbara still has her TV & VCR.
The board asked several questions after the Chair pointed out
that much of what was said was a civil matter and not under
their jurisdiction. Kurt Riggle seemed particularly interested
in the electrical connections and the mysterious electrical
box that appeared after Rui had received a final on her
electrical. Rui was emphasizing NorthStar was in violation of
the abandonment clause and changing construction plans.
Ted Dura then spoke. Ted admitted that much of his complaint
did not fall within the guidelines set by the Chair. But, he
said, his story was relevant and should be considered. Ted also
emphasized that the Teller County Board of Review should place
more importance on the business activities and ethics of the
contractors than they do during the hearing. He also pointed out
he saw no porti-potty on site and had concluded that the local
deer must be using toilet paper as he had found it in the
bushes in his yard.
At about 4:07Pm, it was Barbara's turn. Her mouthpiece, M James
Zendejas began by speaking for her. He began by going over an
earlier conversation with the county's attorney, Chris Brandt,
about the charges. He then suggested that instead of Barbara
attempting to reply to the rambling accusations of the parties,
that perhaps the board should summarize what particular items
they were actually interested in and she could save them time by
addressing those specifics. He then rambled a bit himself by
dragging up possible pending litigation by Rui Haagen and how
Barbara wanted to limit her replies as to not provide the
litigants present with useful information.
Since Barbara was only going to lie, what
difference would it really make what the hell she said?
Dave Dernbach listed what he felt were concerns:
Barbara's responses:
The Board then discussed Barbara's replies. Ric Radeke blew off
some of the complaints by stating the county has no jurisdiction
with manufactured homes. If that's the case
Ric, they why does the county even bother to inspect them? Why
does the county bother to issue permits for them? Or, perhaps,
you don't want to be held publically accountable for what you
and your department did, or failed to do? Dave Dernbach
felt that the allegations of using an unlicensed sub wasn't
supported by evidence. Bert West disagreed with him. Kurt Riggle
again expressed his interest in Rui's electrical problems.
Karen Dudnikov then presented her information. Article 5 of
Section 107B deals with truthfulness on the application for
contractor. One of the questions asked is whether the applicant,
or the company they represent, has even had a court suit for
collection entered against them. She answered no on her
application dated February, 1998. In December 19, 1997, the
Teller County Courts entered a Notice of Commencement of
Judicial Foreclosure against Barbara Ann Wells (now Robbins)
and Donald Wells (her ex). The property was sold by the sheriff
in June, 1998. She deliberately lied on her application by
omitting this information. She also received her Contractor's
License under the corporate name of Winstar Ventures.
Later, she cahnged the company name to NorthStar Design &
Construction, LLC. She also carried insurance under the
name of NorthStar Design & Construction, LLC. The
company was misrepresented because it did not become an LLC
until April of 2001. Additionally, they frequently use the
name NorthStar Construction, LLC, a corporate identity
that does not, and has never, belonged to Barbara Robbins.
M James Zendejas then attempted to deflect the attention of
the board. He claimed that Barbara did not consider the
Notice of Commencement of Judicial Foreclosure to
include her since she had filed a quit claim on the property,
making it the responsibility of her ex-husband, Donald. As for
the corporate names, Zendejas leaned on the good ol' boy
routine by saying "As Chris knows", etc. Zendejas claimed the
use of the names, including the LLC designation, was simply
a standard tradename usage in Colorado and that there was no
attempt at fraud or misrepresentation, and that in fact, the
whole thing was trivial.
Mike Meadors then responded by pointing out that using LLC
was not a valid tradename use but really misrepresentation. And,
if the whole issue was trivial, then why did NorthStar, after
the LLC issue was exposed in a judicial proceeding, immediately
go out and get registered as an LLC? Their actions show this was
not a trivial matter.
At about 4:55 PM, the Board decided on a 10 minute recess so
they could discuss the situation with their attorney.
Dave Dernbach began the last session. He closed comments and began
the Board discussion. He said there were several items that
concerned him while he felt there wasn't enough evidence on
some other items. In particular, item #3, following Teller
County Building Codes. Bert West felt there were several items
that were problems. he agreed that item #3 was an issue and was
also concerned about item #5, lying on the application form.
Bert then specifically requested Chris Brandt, the County
Attorney, for clarification. Chris replied that the court action
was begun in 1997, served in 1997, with a forced sale ordered in
May 1998. Barbara submitted her application in February 1998.
The court action was existing at the time she filled out the
application and should have been on the application. Bert then
said he had concerns that Barbara had violated Teller County
Building Codes and some action should be taken. Kurt Riggle
first said he felt item #3 was a concern. He also felt item #1,
abandonment of a contract, was also a problem. He then said he
wasn't sure about item #3. He felt more input was needed. Chris
Brandt gently reminded him that there would not be any more input
and that he, Kurt, and the others, would have to render their
decision on the information presented to them at this hearing.
Jim Heenan agreed with Bert West, stating that he felt some
sort of action was required.
Dave Dernbach then called for a motion. Bert West made a motion
that NorthStar's license be suspended for a period of 60 days.
Jim Heenan seconded. During the discussion, Jim Heenan said
he didn't feel 60 days was enough of a suspension. Bert West
felt it was. M James Zendejas interrupted, wanting the board to
specify exactly what items were being used in their determination
so he could better preapre the appellate papers. Dave Dernbach
pointed out to Zendejas that he was out of order, public
discussion had been ended, and he also told him they, the Board,
did not have to provide him, or anyone else, with specifics.
The vote was 2 to 2. The motion did not carry.
Dave Dernbach then called for another motion. Jim Heenan made
a motion that NorthStar be suspended for 90 days. Bert West
seconded. The vote was 3 to 1. The motion carried.
NorthStar was informed they had 10 days in which to appeal the
decision to the Teller County Commissioners. Next case.
More details as they become available. We will there when
Babs tries to convince the County Commissioners she was
mistreated.
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