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HomeMy WebLinkAbout09-24-2018 CB MinutesCITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING SEPTEMBER 24, 2018 1. Call to Order — Chairwoman Carbano called the meeting to order at 6:00 p.m. 2. Pledae of Allegiance — was recited by all. 3. Roll Call: Present Ms. Carbano Mr. Fortier ' HAIRMAN Mr. Hosey BOBfd Mr. Crockett Approved ✓ Date3Z-2U/9 Mr. Manero Approved Subject To Mr. Wilcher Ms. Parris Also Present Mr. Wayne Eseltine, Building Official Ms. Janet Graham, Technical Writer 4. ADDroval of Minutes Ms. Carbano called for additions, deletions or corrections to the Minutes. A motion to approve the June 26, 2018 Minutes as presented was made by Mr. Fortier, seconded by Mr. Crockett ROLL CALL Ms. Carbano -- Yes Mr. Manero -- Yes Mr. Wilcher — Yes Mr. Fortier — Yes Ms. Parris — Yes Mr. Crockett — Yes Mr. Hosey — Yes Total vote was 7-0 in favor. Motion carries. 5. Announcements -- None 6. New Business SEBASTIAN CONSTRUCTION BOARD PAGE 2 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 2018 A. New Board Members Ms. Carbano introduced Mr. Richard Wilcher to the Board as a new member and also acknowledged Ms. Pamela Parris as having become a new Board member at the meeting of June 26, 2018. B. Disciplinary Hearing In the Matter of Mr. Seroio Zeliaman. DBA Panda Contractors/ Panda Roof Alleged Violation of the Following Sections of the Sebastian City Code of Ordinances that occurred at 874 Riviera Avenue in Sebastian. Mr. Eseltine stated the case before the Board is a disciplinary hearing in the matter of Mr. Sergio Zeligman, doing business as Panda Contractors and Panda Roof. The alleged Violation occurred at 874 Riviera Avenue in Sebastian. The applicable section of the City Code of Ordinances is Section 26-172, which states: "The following ads constitute cause for disciplinary action under this Article: Willful or deliberate disregard or violation of the applicable Building Code of the City, Florida Building Code 105.1: 'A building permit is required to be obtained prior to performing structural, plumbing and electrical alterations.'" Mr. Eseltine described the history of the complaint that was made in July 2018. The date of the offense was listed as March 2018. The complainants are Stephen and Denise Ferguson of 874 Riviera Avenue, Sebastian. The complaint was against Panda Contractors for work done on a bathroom remodel. When investigating the complaint, it was discovered that there were never any permits pulled for the remodel work. The contract was with Panda Contractors for some electrical work, some plumbing work, and some mechanical ventilation work in order to do the bathroom remodel. There were two checks written from the Fergusons to Panda Construction, one for $4,000.00 and another for $8,122.00, which totaled the full amount of the contract. Ms. Carbano called for a representative of Panda Contractors to come forward and present his case to the Board. Sergio Zeligman, 1300 Poitras Drive, Vero Beach, FI. He described doing the job, that it was finished and paid for. He stated all the papers were signed for obtaining the permits, SEBASTIAN CONSTRUCTION BOARD PAGE 3 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 201 B which were given to the then Production Manager, who is no longer employed by Panda, and apparently that person did not present the documents in order to obtain the permits. Ms. Carbano stated that there would have needed to be inspections of the work, and Mr. Zeligman stated that is one -of the reasons that that Production Manager -is -no -longer- - employed by Panda. Mr. Fortier questioned how the events could have happened the way Mr. Zeligman described them. Mr. Zeligman stated the Office Manager or Production Manager was responsible for getting the proper documentation/permits, and that was not done. Mr. Fortier stated that the owner of the business, Mr. Zeligman, is ultimately responsible for seeing that the proper permitting is obtained. Mr. Fortier pointed out that there is not a dollar amount in the contract for the permits. Mr. Zeligman stated the cost for the permits is part of the total contract and is not listed separately. Ms. Carbano questioned if the plumbing contractor who was involved called for an inspection of the work. Mr. Zeligman could not answer that. She asked Mr. Zeligman if he was aware that Mr. Ferguson was unhappy. Mr. Zeligman stated Mr. Ferguson refused to allow the contractors access to his home. Mr. Fortier questioned if Panda did some electrical work regarding a fan, and Mr. Zeligman stated that was never done. That was to be done when they retumed to finish the job, but as Mr. Ferguson would not allow them into the home, they could not do it. Ms. Carbano asked if Panda has the exclusive contract for the luxury bath, and Mr. Zeligman stated yes, and he described the product. Mr. Manero inquired about how much of the work had been completed. Mr. Zeligman replied that 98-99% of the work was completed. The electrical work for the fan was the only thing unfinished, and the reason it has not been completed is because the owner would not permit the contractor to come into the house. He stated his company has done lots of these bathroom remodels, and this is the only one about which they have gotten a complaint. He stated his company works with the Sebastian Building Department often, and he is not aware that there has ever been a problem. He apologized that this problem arose. He stated the first time he realized that there had been no permit pulled was when he received the notice from the City. Mr. Fortier asked Mr. Zeligman if he had ever personally spoken with Mr. Ferguson. Mr. Zeligman recalled that his people attempted to contact Mr. Ferguson, but Mr. Ferguson would not speak to them. Mr. Zeligman recalled that Mr. Ferguson contacted another SEBASTIAN CONSTRUCTION BOARD PAGE 4 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 2018 contractor to redo the project, and that contractor contacted Mr. Zeligman and stated he would not get involved under the present circumstances. —Mr. Crockettasked-Mr: Zeligman if- he -is -prepared-to-Wbackand-complete-the-job–,and-- Mr. omplete-the-job andMr. Zeligman stated yes, he is. Mr. Crockett asked if Mr. Zeligman is prepared to open up any structures to expose the work that was done in order to have it inspected, and Mr. Zeligman answered yes, they will do whatever is necessary. Mr. Eseltine asked Mr. Zeligman who Ken Faulkner is, and Mr. Zeligman stated he was the salesman, and he no longer works for Panda. Mr. Eseltine inquired if maybe Mr. Faulkner wrote the contract but thought there was not a permit needed for the job. Mr. Zeligman stated no, that was not the case. He stated he is aware that if there is plumbing work needed or electrical work needed, there needs to be permits obtained. Ms. Carbano asked if there was anything else from the contractor. Mr. Isaac Perez, 1310 Scarlet Oak Circle, Vero Beach, Fl. He stated he visited with Mr. Ferguson after he had an issue with the work, and they were not allowed in the house. Mr. Crockett asked what Mr. Perez's position is with the company. Mr. Perez stated he is the General Manager. Ms. Carbano asked Mr. Ferguson if he would like to speak to the matter. Mr. Stephen Ferguson, 874 Riviera Avenue, Sebastian, FI. He confirmed that essentially what Mr. Zeligman said is correct—they were hired to do a job. They did the job, he was not satisfied with the work they did, and he forbade them entry back into the house. He described how the schedule was set and what work was to be done. He also described as the work was being done the problems that arose and the work that had to be redone, He described that he requested a return of $4,000.00, and he would take care of having the work redone. Panda would not agree to that. So now, because there were no permits obtained, he cannot get another contractor to redo the project. Mr. Manero asked if there was any conversation with the salesman regarding pulling a permit. Mr. Ferguson stated that when the project was first discussed, the salesman stated there were permits that would need to be pulled, and they were going to cost a certain amount. Mr. Fortier asked if Mr. Ferguson ever signed a permit, and Mr. Ferguson stated no, the only thing he signed was the contract. SEBASTIAN CONSTRUCTION BOARD PAGE 5 MINUTES OF REGULAR MEETING OF SEPTEMBER 24.2018 Mr. Wilcher asked if Panda installed a light over the shower, and Mr. Ferguson stated no, that there was already a light there, which was supposed to have been changed, but it was never done. Mr. Crockett inquired if Mr. Ferguson had ever received a sketch or drawing of the work that was going to be done. Mr. Ferguson stated he did not, and he never asked for one. Mr. Crockett asked Mr. Eseltine if there should have been a floor plan done of the proposed project, and Mr. Eseltine said yes, there should have been, and if the contractor had come to apply for the permit, the City would have required a floor plan showing the locations of the closets, etc. Mr. Crockett then asked Mr. Eseltine if a certified state contractor should be aware of that, and Mr. Eseltine stated yes. Mr. Crockett asked if Mr. Ferguson had ever gotten a list of equipment for fixtures that were going to be installed. Mr. Ferguson stated no. He stated he talked only to the salesman about what was going to be installed. Mr. Crockett opined that it will be very difficult to have the project completed if Panda is not able to come back and get inspections and complete the job unless a release is signed allowing someone else to come in and redo the project. He stated that Panda should be allowed to get the inspections that are needed and finish the project that Mr. Ferguson already paid for. Mr. Eseltine agreed that inspections will be needed to be done in order for the project to be completed, and a new contractor would have to be able to uncover any work that is not visible in order for those inspections to be able to take place. Mr. Fortier listed three items of concern: poor workmanship, no permits having been issued, and the issue of quality. He does not believe that the quality of the product is an issue for this Board's consideration. He sees the following options: (1) Have Panda come back and see if they can rectify the workmanship in order to meet the Code requirements of the City; (2) Have Panda remove everything they installed and return Mr. Ferguson's money; (3) Have Panda return $4,000.00 to Mr. Ferguson in order to settle the matter. Mr. Fortier asked, even though the Board does not have the authority to address the subject, what Mr. Ferguson's preference would be, and Mr. Ferguson replied that he would like to see Panda come back and tear everything out and return his money. Mr. Manero verified with Mr. Ferguson the work that was supposed to have been done. He also asked who the supervisor was on site for Panda, and Mr. Ferguson stated he understood that was Mr. Faulkner s job. Mr. Ferguson asked Mr. Eseltine if it was also the responsibility of the plumber, IRC, to check to see if a permit was pulled, and Mr. Eseltine stated that IRC shares some of the responsibility here. SEBASTIAN CONSTRUCTION BOARD PAGE 6 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 2018 Mr. Fortierasked Mr. Zeligman what his thoughts are on the three options outlined above, and Mr. Zeligman stated he would like to repair the work, and the second option would be to return $4,000.00 to Mr. Ferguson. -Ms.-Carbano asked, if Panda were given the authorization to go back and finish the project, would someone in authority with the company oversee the job, and Mr. Zeligman replied yes, it would be properly completed. Mr. Eseltine stated it is in the City's Code that if unpermitted work is done, there will be a fee of $300.00 or double the permit fee, whichever is greater. So if Panda does complete the work, that would be the assessment to them. The Building Department would then need to inspect the work, exposing whatever work has been concealed, in order to know that the work has been done properly. Mr. Eseltine then summarized the case, stating that the cause for disciplinary action was failure to obtain a building permit for structural, electrical and plumbing work. There was a contract written to Mr. Ferguson on 1-29-2018 to do a bathroom remodel, for which a permit was never pulled and no inspections ever completed. The contractor has admitted that he did not pull a permit, and the Board has the option of fining, suspending licenses, revoking permitting privileges, and the fines cannot exceed $500.00. Mr. Crockett stated his belief that failure to obtain a permit is not a revocable offense. He also believes the contractor should be given the opportunity to rectify the situation. Mr. Fortier agreed. He also stated it should be expedited by the contractor in order to complete the work. Mr. Ferguson stated he does not want Panda back in the house. There was discussion among the Board members as to what they have the authority to do in this case, and Mr. Eseltine stated the Board's role is to address the permitting issue, for which there is a fine available, and revocation of Panda's license. Mr. Fortier asked Mr. Zeligman to indicate whether he is willing to make any restitution. Mr. Zeligman stated he would have to discuss that with Mr. Ferguson in a different venue. Ms. Carbano called for a motion. A motion was made by Mr. Wilcher, seconded by Mr. Fortier to have Panda Contractors fined in the amount of $500.00 with the understanding that, if they fail to pull another permit in the City of Sebastian, their license be suspended. Mr. Crockett brought up the subject of a release being signed allowing a new contractor SEBASTIAN CONSTRUCTION BOARD PAGE 7 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 2018 to come in and perform the work, but that is not the within the purview of this Board. He also asked Mr. Eseltine if this Board has the authority ultimately to penalize a certified general contractor, and Mr. Eseltine stated yes. Ms. Carbano inquired of Mr. Eseltine whether these fines get reported, and he replied that he is required to notifythe State that there has been disciplinary action taken affecting this contractor. Mr. Fortier inquired of Mr. Eseltine if the Minutes of this hearing will be sent to the State. Mr. Eseltine stated everything relating to this case will be sent to the State, including the Minutes of this hearing. Mr. Eseltine clarified that, if it should happen that Panda Contractors fails to pull a permit for another job in Sebastian, the Building Department would bring the matter before the Board again before any action would be taken. ROLL CALL Mr. Wilcher -- Yes Mr. Manero -- Yes Ms. Parris -- Yes Mr. Fortier — Yes Mr. Hosey — Yes Mr. Crockett -- Yes Ms. Carbano — Yes Total vote was 7-0 in favor. Motion carries. Buildino Official Matters Mr. Eseltine addressed two matters: A. An ordinance was approved on August 8, 2018 by City Council under Chapter 26, specifically the membership terms and filling of vacancies for the Construction Board. What was accomplished is that, recognizing the manner in which the ordinance was written, it was limited to contractors who were actively engaged in construction. It did not give consideration to someone who was retired to serve as a member. So to clarify that language, the new language will read: "A member who formerly held a license or certificate but retired with that license or certificate in good standing may be considered qualified for an appropriate seat." As a caveat to that it states: "If any member during their term no longer possesses the required qualifications because of adverse action being taken against his or her license or certificate by a proper authority, such member shall be automatically suspended SEBASTIAN CONSTRUCTION BOARD PAGE 8 MINUTES OF REGULAR MEETING OF SEPTEMBER 24, 2018 "for 30 days." B. Chapter 26-192 addresses election of officers as follows: "The persons —selectedas-the-Chairperson-an"ce-Chairperson shalrhaveserved#wo years -as regular members and have attended 90% percent of the meetings-. The Boards usually hold elections for Chair and Vice Chair as per the agenda for each year. Since the last time that was done was in March of 2017, he asked that the Board consider this subject either at this meeting or he will put it on the next agenda. It was the consensus of the Board members that it be listed on the agenda for the next meeting. 8. Board Matters - None. 9. Attornev Matters -- None. 10. Fifteen (151 Minutes to the Public - None. 11. Adiourn -- Chairwoman Carbano called for any further business. Hearing none, she adjourned the meeting at 7:27 p.m. 19