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HomeMy WebLinkAbout03-09-2021 CB MinutesCITY OF SEBASTIAN SEBASTIAN CONSTRUCTION BOARD MINUTES OF REGULAR MEETING MARCH 9, 2021 Call to Order -- Chairman Fortier called the meeting to order at 6:00 p.m. It. Pledae of Alleaiance -- was recited by all 111. Roll Call: Present Mr. Scheskowsky Mr. Crockett Mr. Witcher Mr. Fortier Mr. Roberts Not Present: Ms. Carbano — Excused Also Present Wayne Eseltine, Building Director/Fire Marshal Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer (Zoom) IV. ADDrovalof Minutes All the board members having had a chance to review the Minutes, Chairman Fortier called for additions, deletions, or corrections to the Minutes of November 23, 2020. Hearing none, Mr. Fortier called for a motion. A motion to approve the Minutes of the November 23, 2020 meeting as presented was made by Mr. Crockett, seconded by Mr. Scheskowsky, and approved unanimously via voice vote. V. Announcements Mr. Fortier announced that Ms. Carbano is excused from tonight's meeting. Mr. Fortier also announced that Mr. Christopher Roberts is a new member and asked Mr. Roberts to tell the Board about himself. Mr. Roberts stated he joined the Board to be more involved in the community and learn more about the City's local government. VI. Old Business -- None SEBASTIAN CONSTRUCTION BOARD PAGE 2 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 VII. New Business A. Certificate of Competency i. IN THE MATTER OF MR. JAMES KYLE WOODWARD Mr. Eseltine stated that there is a typo on the agenda. Where it states Mr. James Kyle Edwards, it should read Mr. James Kyle Woodward. CITY OF SEBASTIAN CERTIFICATE OF COMPETENCY NO. 1669 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION LICENSE NO. ER 13012850 (STATE LICENSE REGISTRATION BECAME NULL AND VOID ON 8-31-2010) MR. WOODWARD IS SEEKING BOARD APPROVAL TO REINSTATE HIS SEBASTIAN ELECTRICAL LICENSE THAT EXPIRED ON 9-30-2010 WITHOUT HAVING TO REAPPLY AND RETAKE THE EXAM. I_T121R["7I•nl�q • 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 REEXAMINATION 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 EXAMINATION. Mr. Eseltine stated that the Board has had cases like this before. The cases where they are past the three years, the code says they need to take a reexamination. Those cases have been appealed to the Board, and it is the Board's decision to decide whether they truly need to reapply or if they have been in business long enough or have been active long enough. There are variable circumstances involved that might warrant that they do not need to take the reexamination. Mr. Eseltine stated Mr. Woodward is at this meeting via Zoom for any questions or SEBASTIAN CONSTRUCTION BOARD PAGE 3 MINUTES OF REGULAR MEETING OF JANUARY 21, 2020 anything he wants to add. He has his backup letter to the Board which all the Board members have had the opportunity to read. Mr. Crockett asked Mr. Eseltine regarding the last sentence in Section 26-168, how difficult it would be to get that changed. Mr. Eseltine stated he had a discussion with the City Attorney. The City Attorney has not been in that position for very long, and he has not been too Involved in the Construction Board. We only meet as needed, which is rarely. Mr. Eseltine will further discuss this question with the City Attorney to make sure we are doing the correct thing. It has been done this way for a while. It was discussed with the previous city attorney who did not have an issue with it. He felt that the Board was the body who certified these people to begin with to allow them to take their exam. This is the governing board for disciplinary actions, etc. This is basically an appeal to the Board. Mr. Crockett suggested that it be slightly altered so it would show that, and that would be very helpful. He stated he knows this has been done by this Board a number of times where licensing has been granted after all payments in arrears have been made. He does not like going against the ordinance. Mr. Eseltine agreed and stated he will follow up on that with the city attorney. Mr. Fortier stated that to his understanding the testing for Mr. Woodward was done in 2003 and 2004. In 2003 there was a non -passing score of 72. Mr. Fortier stated Mr. Woodward took his business exam at the end of 2003, and then he took his master electrical exam in January 2004. Mr. Fortier asked if Mr. Woodward took the master electrical test twice. Mr. Woodward stated yes. Mr. Fortier's concern would be regarding Mr. Woodward's having to take the test twice in order to pass, and how much experience he has had in the 11 years of being inactive. There is a code that states that after 3 years of being inactive the applicant has to reexamine. Mr. Fortier assumes that in 11 years there has been a lot that has changed regarding master electrician licenses. Mr. Eseltine stated yes, all of the codes have changed quite a bit over those years. Mr. Crockett asked Mr. Woodward if over this course of time he has worked in the electrical field at all since 2010. Mr. Woodward said he worked for Parsons Electric off and on for two years doing industrial work until the time he got sick with cancer. Mr. Crockett asked if he has done continuing education courses. Mr. Woodward said no, but he has been studying and has purchased many books and has been studying the new codes and a lot in residential, because that is what he has specialized in. So he has been keeping up with the current code changes. Mr. Crockett asked if he has any certificates showing that he has done that. Mr. Woodward said no. Mr. Crockett asked if Mr. Woodward is ready to make payment for all the arrears and liability insurance. Mr. Woodward said yes. Mr. Crockett asked how much actual time Mr. Woodward has spent in the field since 2010. Mr. Woodward said probably four years. Mr. Crockett stated he SEBASTIAN CONSTRUCTION BOARD PAGE 4 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 is concerned about the continuing education, which he believes can be taken online as well as the seminars that are offered. Lengthy discussion was had among members of the Board and Mr. Eseltine regarding their concerns about Mr. Woodward's length of work time since 2010 and his lack of continuing education during this period. Mr. Fortier called for a motion. A motion to deny the request for reinstatement of the license was made with great reluctance by Mr. Crockett and seconded by Mr. Scheskowsky. Roll Call Mr. Scheskowsky -- deny Mr. Crockett -- deny Mr. Wilcher -- deny Mr. Fortier -- deny Mr. Roberts -- deny Vote was 5-0 denying. Motion passes. There was discussion among some of the Board members and Mr. Eseltine recommending steps that Mr. Woodward should take in the next few months as far as continuing education so that, if he desired to come back before this Board, they would feel that they could consider reinstating his license. Mr. Eseltine emphasized that regarding appeals, if someone is denied at one point, can they come back or not. He will get with the city attorney and discuss this matter. Mr. Crockett recommended that, if Mr. Eseltine talks with the city attorney regarding this matter, Mr. Eseltine should indicate that, if the applicants are turned down, they should be permitted to come back with either additional information or some other approach to getting their license. Mr. Eseltine agreed, but he will get with the city attorney to make sure that everything is done legally. He stated that by the next meeting, he will have that information. ii. IN THE MATTER OF Mr. Mathew David Bauer CITY OF SEBASTIAN CERTIFICATE OF COMPETENCY NO. 1945 MR. BAUER IS SEEKING BOARD APPROVAL TO REINSTATE HIS SEBASTIAN PAINTING LICENSE THAT EXPIRED ON 9-30-2012 WITHOUT HAVING TO REAPPLY AND RETAKE THE EXAM. APPLICABLE CODE SECTION FROM THE CITY CODE OF ORDINANCES SEBASTIAN CONSTRUCTION BOARD PAGE 5 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 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 REEXAMINATION 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 REEXAMINATION. Mr. Eseltine stated that Mr. Bauer is seeking approval to reinstate his Sebastian painting license which expired on 9-30-2012 without having to reapply and retake the exam. Section 26-168 (C) applies. The purpose of this meeting is to determine if Mr. Bauer needs to take another exam. *-A Mr. Fortier asked Mr. Eseltine if this matter is simply about just not making payment. He also asked if there were any suspensions or violations, etc. Mr. Eseltine stated there were no violations of any kind. He further explained thaflot of these cases developed because a lot of people did not know that they had to pay their fees even if they were not working in Sebastian anymore but were working in another part of the county, etc. They may have obtained a license here but never did any work here. That happens a lot, and that is a lot of the reason why they do not keep their licenses up to date. There is a small fee to just keep the license inactive. Not everybody knows that, and this is the reason why a lot of time staff wants to take these cases back to the Board, because a contractor may be active doing his trade but did not necessarily keep his license up and active with the City of Sebastian. Mr. Scheskowsky asked Mr. Bauer if he has been continually employed as a painting contractor in Colorado. Mr. Bauer stated yes. Mr. Scheskowsky asked if the State of Colorado requires a license or just a matter of a business permit. Mr. Bauer stated it is necessary to have insurance. You do not have to have a license like Florida. Mr. Bauer was also asked if he is prepared to pay the restitution fees that have to be paid. Mr. Bauer said he is prepared, and everything has been taken care of. He reviewed his work history over the last 20 years. Mr. Fortier asked Mr. Eseltine if there are any fees to be paid at this point. Mr. Eseltine said that Mr. Bauer needs to pay the yearly $75.00 fee if the license is not renewed in a SEBASTIAN CONSTRUCTION BOARD PAGE 6 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 timely manner, which comes out to $636.00. That is the total to bring Mr. Bauer up to date. There being no further discussion, Mr. Fortier called for a motion. A motion to approve the reinstatement of Mr. Bauer's license upon payment of the fees as set forth above was made by Mr. Scheskowsky, seconded by Mr. Wilcher. Roll Call Mr. Scheskowsky — yes Mr. Crockett — yes Mr. Wilcher — yes Mr. Fortier — yes Mr. Roberts — yes Vote is 5-0 in favor. Motion passes. B. RECOMMENDATION FOR THE APPROVAL TO ADOPT THE BUILDING OFFICIALS ASSOCIATION OF FLORIDA MODEL ADMINISTRATIVE CODE CHAPTER 1, FOR THE 7th EDITION (2020) FLORIDA BUILDING CODE Background The Sebastian City Code of Ordinance Section 26-31 currently adopts Chapter 1 Model Administrative Code 2010. Recent legislative changes have been incorporated into the 2020 Edition of the Administrative Code. Chapter 1 Administration is the only part of the Florida Building Code where certain local amendments are allowed per Florida Statute. The Building Officials Association of Florida has produced a recommended version of Chapter 1 Administrative Code that local municipalities can use as a guide for local adoption. Mr. Eseltine described that what is before the Board this evening is the Building Officials Association of Florida Model Administrative Code, Chapter 1 for the Board's review. He reviewed that the Florida Building Code is on a three-year cycle, with the last code cycle beginning on 12-31-2020 for the 2020, 7th edition of the Florida Building Code. With each code cycle the Department of Business and Professional Regulations through various committees and technical advisory boards reviews the base International Code. So the current code is based on the 2018 ICC. It is modified accordingly to meet Florida's specific requirements and statutory -driven provisions that need to be included in the Code. This is why the state is always three years behind the current [CC, because we have to go through this process of reviewing the Code. The City of Sebastian currently adopts Chapter 1 Administration 2010 version, which was three code cycles ago. SEBASTIAN CONSTRUCTION BOARD PAGE 7 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 Each code cycle, the building official looks at the latest model chapter 1 to see if any significant changes have been made that warrant adopting a newer version. Under the latest code, there are a number of areas where statutory language regarding closing of permits and various flood provisions have been added. This would warrant a renewed version to be adopted by City Ordinance. Included in this evening's agenda packet is the specific language that was added that is unique to Sebastian. Certain items were removed where they did not apply to Sebastian. Mr. Eseltine stated that he is seeking Board recommendation to City Council to approve the 2020, 7th Edition version of the BOAF Model Administrative Code, Chapter 1. He then reviewed the document on the overhead projector and explained how wording can be taken out or added (SEE ATTACHED). Hearing no further questions/comments from the Board, Mr. Eseltine asked for a motion to accept the wording in the document. A motion to approve the wording as written in the document was made by Mr. Roberts, seconded by Mr. Scheskowsky. Roll Call Mr. Scheskowsky — yes Mr. Crockett -- yes Mr. Wiltcher — yes Mr. Fortier — yes Mr. Roberts — yes Vote was 5-0 in favor. Motion passes. Vill. Buildina Official Matters Mr. Eseltine said today is Mr. Roberts' birthday, and everyone wished him a happy birthday. IX. Board Matters — None X. Attomev Matters — None XI. 15 Minutes to the Public — None XII. Adjourn There being no further business, Mr. Fortier called for a motion. A motion to adjourn was SEBASTIAN CONSTRUCTION BOARD PAGE 8 MINUTES OF REGULAR MEETING OF MARCH 9, 2021 made by Mr. Scheskowsky, seconded by Mr. Wilcher, and approved unanimously via voice vote. Meeting was adjourned at 7:07 p.m. jg CHAIRMAN 8R� t:,p//yrVl�liOJ/ Approved Date_ 40/Z / Approved Subject To on VifL -6,