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HomeMy WebLinkAbout01-10-2017 CB MinutesCITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING JANUARY 10, 2017 1. Call to Order – Chairwoman Carbano called the meeting to order at 6:00 pm. 2. Pledge of Allegiance was recited by all. 3. Roll Call Present Ms. Jean Carbano Mr. James Fortier Mr. Andrew Manero Mr. Shawn Hosey Ms. Latisha Hays (A) Also Present Mr. Wayne Eseltine, Building Official Mr. Robert Ginsburg, City Attorney Ms. Susan Mann, Recording Consultant 4. Approval of Minutes Regular Meeting December 2, 2015 CHAIRMAN Board Approved Date Approved 8 jest To__ A motion to approve the December 2, 2015 minutes as written was made by Mr. Hosey, seconded by Ms. Hays and passed unanimously by voice vote. 5. Announcements — None 6. Old Business — None 7. New Business — None 8. Disciplinary Hearing Ms. Carbano opened the Disciplinary Hearing. She asked if there were any ex -parte communications that needed to be disclosed related to the matters to be presented this evening. All Board Members responded there were not. The representative of Sandcrest Builders requested that the matter relating to Holiday Builders be placed second under Disciplinary Hearings because Mr. Fadil's arrival has been delayed due to traffic and rain. IN THE MATTER OF MR. MICHAEL JOHNSON DBA CAROLINA CARPORTS, INC. A CERTIFIED BUILDING CONTRACTOR, LICENSE NO. CBC1254822 Sebastian Construction Board Minutes of Regular Meeting of January 10, 2017 Page 2 of 6 ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT 124 PELICAN ISLAND PLACE IN SEBASTIAN APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172. - CAUSES FOR DISIPLINARY ACTION (1) WILLFUL OR DELIBERATE DISREGARD OR VIOLATION OF THE APPLICABLE BUILDING CODES OF THE CITY. - REFERENCE: FLORIDA BUILDING CODE SECTION 105.1 AND CITY CODE OF ORDINANCES SECTION 26-81. • NO BUILDING OR STRUCTURE SHALL BE ERECTED UNLESS A BUILDING PERMIT HAS BEEN GRANTED. Mr. Rick Frazell, 1166 Hampton Road, Germantown, NC, stated that he would be representing Mr. Michael Johnson. He explained that he is directly employed by Carolina Carports but is present representing the contractor. Ms. Carbano swore in those planning to provide testimony to the Board. Mr. Wayne Eseltine, Building Official, City of Sebastian stated that the matter before the Board is related to a carport being installed at 124 Pelican Island Place by Carolina Carports without benefit of a permit. He noted that Mr. Michael Johnson is a Certified Building Contractor. He explained that the concrete pad on which the carport is installed was permitted. He noted that although the contract with Carolina Builders states it is the responsibility of the owner to secure all necessary permits, they as Certified Contractors are responsible to verify that the permits are issued. He stated that the other problem is the carport does not meet code because of the rounded type roof it has. The owner has advised the City that the only way he can comply is by having the carport removed and replaced with one that does meet code and that would result in an extremely high cost. He stated that had a building permit been applied for the City would have had the opportunity to inform the owner of what type structures meet code. Mr. Eseltine entered into the record: Exhibit A: The Notice of Violation dated 12/20/16 with the Carolina Carport contract and the building permit for the slab. Exhibit B: Two (2) Photographs of the subject carport. Mr. Eseltine clarified that the owner did not pull the permit for the slab, it was done by the concrete contractor. The owner thought the building contractor was going to secure the permit for the carport. Mr. Frazell explained that he had not been personally involved with this situation but stated that their usual procedure is to contact the owner and determine if they will apply Sebastian Construction Board Page 3 of 6 Minutes of Regular Meeting of January 10, 2017 for the permit or if Carolina Carports should. He explained that the owner provided his office a permit number which they believed covered the carport as well as the slab. He only became aware of the situation upon receiving the letter from the Building Department. He stated that a permit application will be submitted and Carolina Carports will remedy the roof style at no cost to the owner to bring it into compliance. Mr. Walberg, 124 Pelican Island Place, explained that he did research on carports and selected this style with the sloped roof because he felt it would withstand high winds better. He stated that he inquired of the Dealer, Wayne Massey, if this style was acceptable and was told that many of them have been installed in the area. When it was finally delivered and installed his neighbors complained about its appearance. He was then contacted by the Building Official who informed him that no permit had been pulled. Mr. Walberg explained that due to a hearing loss he misunderstood what the concrete contractor had told him and he believed the permit covered both the concrete and the structure. Mr. Walberg continued that he contacted Carolina Carports three times and was told each time that the only solution to the roof would be for him to purchase another building. After communicating with them on Facebook he finally reached someone in Customer Service that agreed to replace the roof with one that meets code at no charge. Mr. Frazell stated that Carolina Carports will be happy to being the carport into compliance, they will pull the permit, provide certified copies of the specifications for the carport, pay the $200 fine and agree to complete the work within 60 days. Mr. Eseltine summarized by explaining that the reason the matter is before the Board is because the owner has been left in a difficult situation with no apparent resolution. The fact that the contractor is state licensed he is responsible to make sure the structure meets code and the necessary permits are in hand prior to starting a job. Ms. Carbano called for any further questions, hearing none she called for a motion. Mr. Ginsburg explained that the Board could defer acting until their next meeting which could be set for 60 days. At that time if the violation has been corrected to the City's satisfaction, the matter could be dismissed; if not the board could take action against Carolina Carports. A motion to defer action for 60 days was made by Mr. Fortier, seconded by Mr. Hosey. Roll Call: Ms. Carbano —Yes Mr. Fortier —Yes Mr. Manero —Yes Mr. Hosey —Yes Ms. Hayes —Yes MOTION CARRIED 5 — 0 Ms. Carbano continued to the next item on the Agenda and swore in those planning to provide testimony to the Board. Sebastian Construction Board Page 4 of 6 Minutes of Regular Meeting of January 10, 2017 IN THE MATTER OF MR. RICHARD FADIL DBA HOLIDAY BUILDERS, INC. A CERTIFIED GENERAL CONTRACTOR, LICENSE NO. CGC05870 ALLEGED VIOLATION OF THE FOLLOWING SECTIONS OF THE SEBASTIAN CITY CODE OF ORDINANCES THAT OCCURRED AT 131 SANDCREST CIRCLE IN SEBASTIAN. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES: SECTION 26-172. - CAUSES FOR DISIPLINARY ACTION (1) WILLFUL OR DELIBERATE DISREGARD OR VIOLATION OF THE APPLICABLE BUILDING CODES OF THE CITY. - REFERENCE: FLORIDA BUILDING CODE SECTION 111.1 AND CTIY CODE OF ORDINANCES SECTION 26-88. • NO BUILDING SHALL BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL. Mr. Eseltine read the Summary of Events for the period of October 25th through December 28`h and provided details on each item. He explained that numerous emails were sent to the contractor regarding the items needing correction in order for a Certificate of Occupancy to be issued. Even though a C/O had not been issued the City allowed the developer to conduct the ribbon cutting ceremony with the warning that occupying the building without a C/O is a code violation. On November 29'h it was noted that the structure was being occupied. At that time the Building Official informed the sales personnel that the structure could not be occupied and posted an Unsafe Structure Placard. The final required items were received by the City on December 28tH the C/O was issued and the Unsafe Structure Placard was removed. He explained that this matter is before the Construction Board because the Building Code is very clear and is intended to protect residents from occupying unsafe buildings. He expressed concern that with the future building by this contractor this situation could arise again. He introduced for the record the Summary of Events containing copies of the emails and the C/O and a photograph of the Unsafe Structure Placard. Mr. Eseltine responded to questions regarding start up power by explaining they did have power and the City allowed them to move in furniture prior to the C/O with the understanding that the structure could not be occupied and the furniture had to be stored in such a manner to allow access for the final inspection; however the furniture was set in place and the ribbon cutting was scheduled. He expressed concern that the builder had taken advantage of the City's efforts to accommodate their schedule. Ms. Carbano called for any further questions or input from staff. Hearing none, she called on the representative of Holiday Builders to make their presentation. Sebastian Construction Board Page 5 of 6 Minutes of Regular Meeting of January 10, 2017 Mr. Richard Brown, 681 North Tomahawk Trail, Vero Beach, FL, stated that he is the Division President for Holiday Builders. He explained that Mr. Fadil, the licensed contractor, could not be available this evening. He stated that the City was notified and they agreed that he could represent Mr. Fadil in this matter. He apologized for their occupying the structure before the C/O was issued and thanked the City for working with them to get the matter resolved. He stressed that Holiday Builders has many years experience in Florida and would not allow a buyer to move into a home without the C/O being in place first. Ms. Carbano pointed out that the structure had been occupied for approximately two months prior to C/O. She called for questions from the Board. Mr. Fortier stated that his concern is that the matter had to go on for so long, use so much of staff time and ultimately had to come before the Construction Board. Ms. Carbano asked how long Holiday Builders had worked in Indian River County. Mr. Brown responded that they built Collier Club. Mr. Eseltine stated that Holiday Builders had worked in Sebastian regularly until about 2008. This is their first development since that time. Ms. Carbano responded that due to the length of time that the violation went on it could not be classified an oversight. She stated that the City had bent over backwards to accommodate the builder's needs. In response to Mr. Fortier's question about what the Board's action should be Mr. Eseltine explained that a maximum fine of $500 or suspension of their building privileges could be imposed. He supported the imposition of a fine because the matter had existed for so long with disregard of the City's Building Code requirements. Ms. Hays stated that her concern is for the safety of the families purchasing the homes. No family should be exposed to possible situations that could arise because of lack of the inspections and issuance of the C/O prior to occupancy. Mr. Brown responded that his too is safety conscious and homes would not be occupied without a C/O. He stressed the fact that this is a model home and the sales team was anxious to begin selling homes and was not focused on the need for all the paperwork to be completed prior to occupying the structure. He apologized again and assured the Board that this will not happen with the residences being constructed for sale. Mr. Fortier asked what can be done to prevent this from happening again. Mr. Eseltine responded that a Stop Work Order could be issued if necessary. He explained that the point is not so much that of safety, but the disregard for completing the process and issuance of the C/O. He stated that it is his hope that the action taken by the Board will impress upon Holiday Builders the necessity of complying with the City's Code. Ms. Carbano called for any further discussion, hearing none she called for a motion. A motion to fine Holiday Builders $500 and no inspections would be made until payment of the fine was made by Mr. Hosey. Following discussion Mr. Hosey withdrew his motion. Mr. Ginsburg clarified that a motion and a seconded needed to be made and a vote taken. Sebastian Construction Board Page 6 of 6 Minutes of Regular Meeting of January 10, 2017 A motion to fine Holiday Builders $500 with no inspections made until payment is received was made by Mr. Hosey, seconded by Mr. Fortier. Roll Call: Ms. Carbano —Yes Mr. Fortier —Yes Mr. Manero —Yes Mr. Hosey —Yes Ms. Hayes —Yes MOTION CARRIED 5 — 0 Ms. Carbano explained the motion to Mr. Brown. He responded that he does not know if any inspections are scheduled. Mr. Eseltine stated that he will check the schedule and cancel any that are scheduled. 9. Building Official Matters Mr. Eseltine reported that during the year since the last Construction Board Meeting there have been 178 new single family homes have received their C/O in 2016; a Building Inspector, who worked for the City previously, has been hired to replace an employee who retired in 2015; a part-time inspector position is included in the budget; 10 unlicensed contractor citations were issued, as well as work without a permit citations. He explained that in most cases the citation is paid, but appeals are through the Special Magistrate and not the Construction Board; the department's software is being upgraded which will greatly enhance the its inspection and permitting functions. Ms. Hays asked how many building inspectors are employed by the City. Mr. Eseltine responded that there are a total of 3 and provided details on their certifications. Ms. Hays suggested including on the City's website a way for neighbors to anonymously report code violation issues they observe in their neighborhoods. Mr. Eseltine agreed that would be a good idea to incorporate into the new software. He did explain the method that is currently available on the website to report concerns. 10. Board Matters — None 11. Attorney Matters Mr. Ginsburg stated that he is glad he attended the meeting. He stated that the City is very fortunate to have such a dedicated Construction Board and the Code Enforcement Special Magistrate. 12. Fifteen (15) Minutes to the Public — None 13. Adjourn Chairwoman Carbano called for any further business, hearing none she adjourned the meeting at 7:06 pm. s/m