MEMORANDUM
TO: Dave Corliss, Assistant City Manager
DATE: March 4, 2004
On February 17, 2004, the City Commission adopted Resolution No. 6526 ordering the barn at 933 Rhode Island Street to be repaired. In follow up of this order, I am providing this update with regard to the status of the repairs, permit and escrow/performance bond. The resolution included the following schedule for actions to occur:
February 27, 2004 Owner/contractor secures building permit for rehabilitation of barn, in accordance with the plans approved by the HRC in 2001 (copies of relating correspondence and drawings are attached).
March 26, 2004 Temporary supports for structure established, new footings completed.
April 29, 2004 Framework (shell) completed.
June 30, 2004 Entire project completed.
The chronology of contact with this property after the adoption of this resolution is as follows:
Feb 20, 2004 I contacted Paul Horvath’s office to arrange a meeting to discuss the permit and escrow/bond requirements.
Feb 24 2004 Meeting with Paul Horvath, discussed permit process and the need to make the escrow deposit or performance bond. (meeting included Julie Wyatt, Victor Torres, Barry Walthall and Dave Corliss)
Feb 27 2004 Paul Horvath submitted the permit application.
Mar 3 2004 E-mailed Paul Horvath, advising that I would be reporting the status to the City Commission on March 9.
March 3 2004 Paul faxed a letter with an appraisal of the property and a copy of a bond application. (attached)
To date, our office has not received an escrow deposit or performance bond from Mr. Horvath. Mr. Horvath expressed concern for the deposit requirements and the absence of available money for him to make such a deposit. He was encouraged by staff to investigate pricing from an insurance company for the performance bond, as he had not done this yet. He was advised that this requirement would not be waived, because this direction was received from the City Commission. In the attached letter, Mr. Horvath describes an alternative to the bond/escrow, that he would like the City Commission to consider.
Mr. Horvath also discussed his consideration of appealing the City Commission’s decision, questioning their authority to include the performance bond/escrow deposit requirement on the adopted resolution. He advised he would be investigating this concern with his attorney, Darryl Graves, within the next couple of days.
Staff requests that the Commission give further direction on this case. We believe there are two alternatives. The Commission may alter the resolution, either to give a time extension or to revise the requirement for financial security. The other alternative is to direct staff to obtain the services of a contractor and complete the rehabilitation of the structure. Should you have questions concerning this, please let me know.