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HomeMy WebLinkAbout20150202CB Minutes„pprovea Subject To___ City of _. HOME Of PELICAN ISLAND SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MINUTES December 2, 2015 — 6:00 P.M. Meeting was called to order by Ch. Carbano at 6:00 P.M. Pledge of Allegiance was led by Ch. Carbano. ROLL CALL: Present: Ch. Carbano Mr. Hosey Mr. Fortier Ms. Hays Mr. Manero APPROVAL OF MINUTES: Regular meeting held April 21, 2015. MOTION: Fortier / Hosey Approve with correction: Capitalization of Building Departmental on page 3, last line of paragraph 3. A voice vote was taken — passed unanimously. ANNOUNCEMENTS: Ch. Carbano introduced new Board members Latisha Hays, and Andrew Manero. OLD BUSINESS: None NEW BUSINESS: IN THE MATTER OF MR. THOMAS STADELMAN DBA THOMAS STADELMAN DRYWALL A DRYWALL CONTRACTOR: LOCAL LICENSE NO. 300 MR. STADELMAN IS SEEKING BOARD APPROVAL TO RE -INSTATE HIS LICENSE THAT EXPIRED ON 9/30/2009. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-168 (C) OF THE CITY CODE OF ORDINANCES A CERTIFICATE WHICH IS INOPERATIVE BECAUSE OF FAILURE TO RENEW SHALL BE RESTORED ON PAYMENT OF THE PROPER RENEWAL FEE. IF THE APPLICATION FOR RESTORATION IS NOT MADE BEFORE THE BEGINNING OF THE NEXT FISCAL YEAR OF THE CITY, THE FEE FOR RESTORATION SHALL BE DOUBLE THE ORIGINAL RENEWAL FEE AND IN ADDITION THE BOARD MAY REQUIRE RE-EXAMINATION OF THE APPLICANT. A CERTIFICATE WHICH IS NOT RENEWED WITHIN THREE FULL YEARS AFTER EXPIRATION MAY NOT BE RENEWED, RESTORED, OR REINSTATED THEREAFTER EXCEPT BY REAPPLICATION AND RE-EXAMINATION. Building Official stated that Mr. Stadelman is seeking board approval to reinstate his local license that expired 9/30/2009, and read Section 26-168 (C) of the City Code of Ordinances, which required reapplication and reexamination, and that was the basis for Mr. Stadelamn's appeal to the Board. Thomas Stadelman, 1825 151 Place, Vero Beach, stated that his brother used his paperwork to do the job, and he was not aware of the job until he received the citation in the mail. Summary of findings: Mr. Fortier asked Mr. Eseltine about the $800.00 fine earlier this year for contracting without a license. Mr. Eseltine explained that the fees come from the Resolution for building fees, and that Mr. Stadelman's brother, Charles also received a citation for unlicensed contracting and appealed it to the Special Magistrate, and was not successful. The contracts were written with Thomas's letterhead, and business card. Mr. Stadelman said the checks were written to Thomas, and that he has been working in Vero, and has kept his Indian River County license up, he has taken the keys to the office away from his brother. Mr. Eseltine said that after three years you have to go before the board or re -test. A motion was made to deny Mr. Stadelman the opportunity to have his license restored in the City of Sebastian. MOTION: Carbano / Fortier ROLL CALL: Mr. Hosey - Agree Mr. Fortier - Agree Ms. Hays - Disagree Ms. Carbano - Agree Mr. Manero - Agree MOTION CARRIES: 4-1 IN THE MATTER OF MR. RAY TUMMOLO DBA TUMMOLO ALUMINUM, INC. ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT 726 BEARD AVE. IN SEBASTIAN: APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: THE FOLLOWING ACTS CONSTITUTE CAUSE FOR DISCIPLINARY ACTION UNDER THIS ARTICLE: (1) WILLFUL OR DELIBERATE DISREGARD OR VIOLATION OF THE APPLICABLE BUILDING CODES OF THE CITY. EXPIRED PERMIT FOR SCREEN ROOM SINCE 3/31/2015 — VIOLATION OF FLORIDA BUILDING CODE SECTION 105.3.2 POURED A CONCRETE SLAB WITHOUT REQUIRED INSPECTION — VIOLATION OF FLORIDA BUILDING CODE SECTION 110.3 (10) ABANDONMENT OF A CONSTRUCTION PROJECT IN WHICH THE CONTRACTOR IS ENGAGED OR UNDER CONTRACT AS A CONTRACTOR. A PROJECT IS TO BE CONSIDERED ABANDONED IF THE CONTRACTOR TERMINATES SUCH PROJECT WITHOUT NOTIFICATION TO THE PROSPECTIVE OWNER OF CURRENT OWNER FOR AT LEAST 30 DAYS WITHOUT JUST CAUSE, SUCH AS ACTS OF GOD CAUSING CONSTRUCTION DELAY. Building Official read the violations, and stated Mr. Jim Rogers is here representing the owners who are out of state. Mr. Tummolo called this afternoon asking that this hearing be postponed. He has an illness in the family, and is not able to attend. Mr. Jim Rogers, 1652 Gallilean Ln, Sebastian, feels that this matter needs to be settled since it has been going on about two years. Mrs. Carbano called for a discussion to decide if the board should continue with the hearing. MOTION: Hays/ To move on with this since it has been so long. (NO SECOND, MOTION FAILED) After further discussion the Mr. Eseltine said this is not Mr. Tummolo's first time before the Board, a decision was made to continue with the hearing. Motion that all recommendations apply. MOTION: Hosey/Fortier Discussion took place, and Mr. Eseltine said they should be more specific since this supersedes revoking license or issuing a building permit. Mr. Fortier asked if the fine is $500 per day. Mr. Eseltine clarified that the Board would have to set it up so he has so much time to complete the project, and from the day forward you could stipulate that is a fine so much per day not to exceed $500. Ms. Hays read the owner's letter that they feel Mr. Tummolo should not have a license, and they have requested a refund. Ms. Carbano asked Mr. Rogers if they had ever received the refund that way requested on May 20th. Mr. Rogers replied no. ROLL CALL: Ms. Carbano - No Mr. Hosey - No Mr. Fortier - No Ms. Hays - No Mr. Manero - No (MOTION CARRIES 5-0) Motion to fine him $500, and to revoke his certificate of competency for the City of Sebastian. MOTION: Fortier/Hays ROLL CALL: Mr. Fortier - Yes Ms. Hays - Yes Mr. Hosey - Yes Mr. Manero — Yes Ms. Carbano - Yes (MOTION CARRIES 5-0) Motion on the Mr. Tummolo Within 30 days bring in a list of current contracts in progress. Send letters on expired permits or see what his answer is to the expired permits, and allow him 60 days to complete the expired permits. MOTION: Carbano/ NO SECOND — MOTION DIED Motion he's put on notice he has 30 days to bring all active or expired jobs in Sebastian to the building department, and then he will be given notice to appear before the board after we review it. MOTION: Fortier/Hosey ROLL CALL: Mr. Hosey - Agree Mr. Fortier - Agree Ms. Hays - Agree Ms. Carbano — Agree Mr. Manero - Agree BUILDING OFFICIAL MATTERS: In regards to reinstatements Mr. Eseltine said other places don't do this. Other places don't have this language. State licensed contractors have to renew every two years, and have to keep up with it. They work in other places, and don't keep up to date with us, and this why they come before the board. They can't get a letter of reciprocity unless they are current. ATTORNEY MATTERS: None Meeting Adjourned 7:26 PM