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HomeMy WebLinkAbout02111992SEBASTIAN CONSTRUCTION BOAR.____~D SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING FEBRUARY 11r 1992 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES= REGULAR MEETING - 1/14/92 OLD BUSINESS= NEW BUSINESS= LETTER OF RECIPROCITY RASTRELLI, GENE/ALUMINUM CONTRACTOR ROMANO, SANTO/GUNITE SUB-CONTRACTOR BLOCK EXAM MUSGROVE, JAM. ES D./IRRIGATION SUB-CONTRACTOR PLATT, MELISSA A./PAINTING SUB-CONTRACTOR BLOCK EXAM - GAINESVILLE SMITH, JOHN L./PAINTING SUB-CONTRACTOR VIOLATION HEARINGS G & K ALUMINUM, INC./GENE RASTRELLI 498 HAZEL STREET CEMCO/TAHIR L. QIZLBASH AGHA 498 HAZEL STREET ATLANTIC IRRIGATION/JOHN W. OLIVA 102 INDIAN AVE. LARRY'S PAINTING/VIRGINIA DEATON 295 CARAVAN TERRACE JEFF PUSiCKO 295 CARAVAN TERRACE PAGE 2 - REGULAR MEETING - 2/11/92 VIOLATION HEARING cont MARK PUSICKO 295 CARAVAN TERRACE MIKE HOLMES 295 CARAVAN TERRACE DISCUSSION: DONALD A. HOMER~ CARPENTER RECORD SCORES IN SCOREBOOK ATTORNEY MATTERS: 15 MINUTES TO PUBLIC ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WH.ICH RECORD INCLUDES THE TESTIMONY iN EVIDENCE ON WHICH THE APPEAL IS BASED. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING FEB~RY 11, 1992 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN LAMAN AT 7:30 P.M. ROLL CALL: PRESENT: MR. MOSBY MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN' ABSENT: MR. HANEY - UNEXCUSED ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL BOB NICHOLSON, CODE ENFORCEMENT OFFICER A RECESS WAS TAKEN AT 7:30 P.M. TO FINISH REVIEWING APPLICANTS FILES. REOPENED AT 7:35 P.M. WITH ALL PRESENT 'APPROVAL OF MINUTES - ~ MOTION BY MR. CAPP, SECONDED BY MR. MOSBY TO ACCEPT 'THE MINUTES OF OUR LAST MEETING. DISCUSSION: MR. NEUBERGER RAISED A POINT OF ORDER CONCERNING CORRECTIONS TO BE MADE TO THE MINUTES AS FOLLOWS: PAGE 3 - 3RD MOTION MR. NEUBERGER NOTED THAT THIS WAS NOT A MOTION BUT AN AMENDMENT TO THE PREVIOUS MOTION CONCERNING MR. HANKE AND CHANGING VIOLATION OF 7-99(A) TO 7-99(B). PAGE 5 - 4TH MOTION MR. NEUBERGER NOTED THAT IT SHOULD BE CHAIRMAN LAMAN NOT CHAIRMAN CAREY. PAG~ 6 MR. NEDBERGER NOTED THAT MR. DERNBACH WAS VOTED VICE CHAIRMAN, NOT CHAIRMAN. CARRIED.AS AMENDED. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING 2/11/92 MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH TO ADD ITEMS TO THE AGENDA: 1. APPLICATION OF MICHAEL GELFO/PAINTIN~, BLOCK EXAM 2. VIOLATION CASES OF GAULT, DITTENBER AND BARNES. MOTION CARRIED. NEW BUSINESS: LETTER OF RECIPROCITY RASTRELLI, GENE/ALUMINUM CONTRACTOR MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. NEUBERGER TO HOLD OVER DISCUSSION ON THIS LETTER OF RECIPROCITY UNTIL AFTER THE VIOLATION HEARING. MOTION CARRIED. ROMANO, SANTO/GUNITE SUB-CONTRACTOR MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH TO ACCEPT MR. ROMANO'S LETTER OF RECIPROCITY AS A GUNITE SUB- CONTRACTOR. MOTION CARRIED. BLOCK EXAM MUSGROVE, JAMES D-/IRRIGATION SUB-CONTRACTOR PLATT, MELISSA A./PAiNTING SUB-CONTRACTOR GELFO, MICHAEL/PAINTING SUB-CONTRACTOR MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP TO SPONSOR MR. MUS~ROVE, MS. PLATT AND MR. GELFO FOR THE BLOCK EXAM. MOTION CARRIED. BLOCK EXAM - GAINESVILLE SMITH, JOHN L-/PAINTING SUB-CONTRACTOR MOTION BY MR. NEUBERGER, SECONDED BY' MR. CAPP THAT THE SEBASTIAN CONSTRUCTION BOARD SPONSOR JOHN L. SMITH FOR THE BLOCK EXAM IN GAINESVILLE AS A PA~'NTING SUB-CONTRACTOR. MOTION CARRIED. PAGE 3 SEBASTIAN CONSTRUCTION - REGULAR MEETING - 2/11/92 VIOLATION HEARINGS G & K ALUMINUM, INC./GENE RASTRELLI 498 HAZEL STREET MR. NICHOLSON GAVE A RUN DOWN OF THE CASE. CHAIRMAN LAMAN SWORE IN MR. RASTRELLI MR. RASTRELLI NOTED THAT ON 12/3/91 HE HAD ATTEMPTED TO OBTAIN HIS LICENSE IN SEBASTIAN. DUE TO MISCOMMUNICATION HE WAS TOLD THAT HE WOULD HAVE TO APPEAR BEFORE THE CONSTRUCTION BOARD PRIOR TO BEING ISSUED A COMP 'CARD. HE GAVE THE BOARD DOCUMENTATION CONCERNING THIS. CHAIRMAN LAMAN ALSO SWORE iN "BASH" QIZLBASH. "BASH" TOLD THE BOARD THAT HE WAS AWARE AT THE TIME OF.HIRING THAT G & K ALUMINUM WAS NOT LICENSED BUT THAT MR. RASTRELLI WAS iN THE PROCESS OF DOING SO. HE DID NOT KNOW TBAT A PERMIT HAD NOT BEEN PULLED FOR THE JOB UNTIL HE RETURNED HOME FROM A TRIP OUT OF TOWN. FINDING OF FACT MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY THAT WE FIND MR. RASTRELLI OF G & K ALUMINUM, INC. GUILTY OF VIOLATION OF THE.CODE'OF ORDINANCES, ORDINANCE 7-99(A) NO LICENSE AND 7"20 NO PERMIT. MOTION CARRIED. MOTION BY ViCE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP T-HAT IN VIEW OF THE FINDING OF FACTS OF THIS BOARD OF MR. RASTRELLI'S CASE, THAT THE VIOLATION OF 7-99(A), ACTING AS AN UNLICENSED SUB-CONTRACTOR WE FINE HIM $150.00, SUSPENDED. ON VIOLATION 7-20, NOT PULLING A PERMIT WE FINE HIM $150.00' MOTION CARRIED. MR. MOSBY VOTED NAY. LETTER OF RECIPROCITY RASTRELLI, GENE/ALUMINUM CONTRACTOR MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP TO ACCEPT MR. RASTRELLI'S LETTER OF RECIPROCITY PENDING PAYMENT OF THE FINE iMPOSED BY THIS BOARD AND FURNISH A COPY' 0'~'THE CREDIT REPORT. MOTION CARRIED'. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/11/92 CEMCO/TAHIR L. QIZLBASH AGHA 498 HAZEL STREET MR. NICHOLSON GAVE A RUN DOWN OF THE CASE. FINDING OF FACT MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY FINDS MR. 0IZLBASH GUILTY OF VIOLATION OF ?-99(B), USE OF AN UNLICENSED SUB-~ONTRACTOR AND GUILTY OF ?-100(2), AIDING AND ABETTING. MOTION CARRIED. MOTI~ON BY MR. MOSBY, SECONDED BY MR. NEUBERGER NO FINE BE APPLIED TO 7-100(2) DUE TO THE CIRCUMSTANCES AND A FINE OF $50.00 BE APPLIED TO VIOLATION ?-99(8). DISCUSSION: MR. NEUBERGER NOTED THAT THIS CASE WOULD BE REFERRED TO DPR FOR PERMANENT INJECTION INTO MR. QIZLBASH'S RECORDS WITH THE STATE. VICE CHAIRMAN DERNBACH .FELT THE MOTION WAS NOT STRONG ENOUGH..~ AND THAT A FINE OF $150.00 WAS IN ORDER. MR. NEUBERGER WITHDREW HIS SECOND. MR. MOSBY WITHDREW HIS MOTION. MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. KELLEY THAT IN VIEW OF THE FINDING OF FACT OF THIS BOARD, FINDING MR. QIZLBASH GUILTY OF ?-99(B) AND ?-100(2), THE BOARD FiNE $150.00 AND THAT IF THE FINE IS NOT PAID WITHIN 90 DAYS, THIS VIOLATION COMES BACK BEFORE THIS BOARD FOR REVIEW. MOTION CARRIED. ATLANTIC IRRINATION/JOHN W. OLIVA 102 INDIAN AVE. CHAIRMAN LAMAN SWORE IN MR. OLIVA MR. NICHOLSON GAVE A RUN DOWN OF THE CASE. IT WAS NOTED THAT THIS CASE WAS IN CONJUNCTION WiTH A. CASE ON AUTOMATIC RAIN/STEPHEN E. STILWELL THAT WAS BROUGHT BEFORE THE BOARD AT THEIR 12/10/91 MEETING. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/11/92 VIOLATION HEARING ATLANTIC IRRIGATION/JOHN W. OLIVA, cunt IT WAS ALSO NOTED THAT MR. OLIVA OWNED ATLANTIC IRRIGATION BUT DID NOT RUN IT. FINDING OF FACT MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN'DERNBACH THAT DUE TO MR. OLIVA'S ADMISSION OF THE CHARGES WE FIND HIM GUILTY OF VIOLATION OF ORD. 7-100[2), AIDING AND ABETTING. MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH THAT BEING FOUND GUILTY WE FINE MR. OLIVA $150.00 FOR AIDING AND ABETTING. ROLL CALL: AYE: MR. MOSBY MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH NAY: CHAIRMAN LAMAN MOTION CARRIED. LARRY'S PAINTING/VIRGINIA DEATON 295 CARAVAN TERRACE ATTORNEY TED HERZOG WAS IN ATTENDANCE TO REPRESENT VIRGINIA DEATON, LARRY'S PAINTING. ATTORNEY HERZOG NOTED THAT ONE OF THE PAINTERS, MIKE HOLMES WHO WAS TO GO BEFORE THE BOARD TONIGHT WAS NOT PRESENT AT THE MEETING. THE' BOARD WAS TOLD THAT LARRY DEATON TALKED TO A MR. FORBES, BUT DECLINED TO THE JOB. HE THEN CALLED SOME FRIENDS WHO WERE UNEMPLOYED IN FT. PIERCE. JEFF PUSICKO, MARK PUS~CKO AND MIKE HOLMES DID THE JOB. THESE GENTLEMEN WERE NOT EMPLOYED BY LARRY'S PAINTING. IT WAS NOTED THAT LARRY'S PAINTING WAS NOT PAID FOR THIS JOB. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/11/92 VIOLATION HEARING LARRY'S PAINTING/VIRGINIA DEATON cont CHAIRMAN LAMAN SWORE IN LARRY DEATON. MR. DEATON TOLD THE BOARD THAT HE REFUSED TO DO THE JOB FOR MR. FORBES. MR. NICHOLSON GA.VE A RUN DOWN OF THE CASE. CHAIRMAN LAMAN SWORE IN JEFF PUSICKO AND MARK PUSICKO. IT WAS NOTED THAT WHEN THE JOB WAS FINISHED THAT JEFF AND MARK PUSICKO AND MIKE HOLMES WERE PAID CASH WHICH WAS SPLIT BETWEEN THE THREE OF THEM. MOTION BY MR. MOSBY, SECONDED BY VICE CHAIRMAN DERNBACH' THAT IN CASE %92-6167 THAT WE FIND LARRY'S DISCOUNT-PAINTING NOT GUILTY OF VIOLATION. ROLL CALL: AYES: MR. MOSBY MR. KELLEY MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAYS: MR. NEUBERGER MOTION CARRIED. JEFF PUSICKO 295 CARAVAN TERRACE MOTION BY VICE CHAIRMAN DERNBACH, SECONDED. BY MR. CAPP THAT WE FIND MR. PUSICKO IN VIOLATION OF 7-99(A), ACTING AS AN UNLICENSED CONTRACTOR. ROLL CALL: AYES: MR. MOSBY MR. CAPP VICE CHAIRMAN DERNBACH NAYS: MR. KELLEY MR. NEUBERGER CHAIRMAN LAMAN NO ACTION. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/11/92 VIOLATION HEARING MARK PUSiCKO 295 CARAVAN TERRACE MOTION BY MR. MOSBY, SECONDED BY MR. KELLEY TO FIND MARK PUSICKO NOT GUILTY AS CHARGED. ROLL CALL: AYES: MR. MOSBY MR. NEUBER~ER CHAIRMAN LAMAN NAYS: MR. KELLEY. MR. CAPP VICE CHAIRMAN DERNBACH NO ACTION. MIKE HOLMES 295 CARAVAN.TERRACE MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP TO FIND MIKE HOLMES IN VIOLATION OF 7-99(A) SEBASTIAN CODE OF ORDINANCES. ROLL CALL: AYES: MR. CAPP VICE CHAIRMAN DERNBACH NAYS: MR. MOSBY MR. KELLEY MR. NEUBERGER CHAIRMAN LAMAN MOTION NOT CARRIED. RECESS WAS TAKEN AT 9:23 P.M. MEETING REOPENED AT 9:32 P.M. WITH ALL PRESENT EXCEPT MR. MOSBY WHO' ASKED TO EXCUSED. VICO OF'SEBASTIAN, INC./CHARLES A. GAULT 580 CARNIVA~ TERRACE CHAIRMAN LAMAN SWORE IN MR. GAULT. MR. NICHOLSON GAVE A RUN DOWN OF THE CASE. MR. GAULT TOLD THE BOARD THAT HE THOUGHT THE PERMIT FOR THE JOB HAD BEEN PICKED UP. HE ALSO TOLD THE BOARD THAT ALWAYS IN THE PAST HE USED PEOPLE ON HIS PAYROLL AND NEVER GAV~ IT A THOUQHT THAT MR. DITTENBER AND MR. BARNES WERE NOT 'EMPLOYEES OF VICO. PAGE 8 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/11/92 VIOLATION HEARING VICO OF SEBASTIAN, INC./CHARLES A. GAULT, cont CHAIRMAN LAMAN SWORE IN MR. DITTENBER AND MR. BARNES. BOTH MEN SAID THEY WERE EMPLOYEES OF VICO. MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP THAT WE FIND MR. GAULT IN VIOLATION OF SEBASTIAN CODE OF ORDINANCES SECTION 7-100(2). ROLL CALL: AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN MOTION CARRIED. MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. NEUBERGER THAT WE FINE MR. GAULT $150.00. THE BOARD SECRETARY ASKED IF THERE WAS GOING TO BE A TIME LIMIT. MOTION TO AMEND MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP TO READ TO FINE $150.00 AND TO BE PAID WITHIN 90 DAYS, IF NOT THE BOARD CAN RECONSIDER. ROLL CALL FOR AMENDMENT TO MOTION: AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY: NONE ROLL CALL FOR MOTION: MOTION CARRIED. AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING VIOLATION HEARING 2/11/92 WILLIAM G. BARNES 580 CARNIVAL TERRACE MR. BARNES TOLD THE BOARD THAT HE WAS NOT AWARE OF THE LICENSING LAWS IN THE CITY OF SEBASTIAN. HE ALSO NOTED THAT HE WAS NOT LICENSED ANYWHERE. FINDING OF FACT MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. KELLEY THAT WE FIND MR. WILLIAM G. BARNES IN,VIOLATION OF SEBASTIAN CODE OF ORDINANCES ?-99(A) ACTING AS A CONTRACTOR. ROLL CALL= AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN ROLL CALL= NAY: NONE MOTION CARRIED, MOTION BY MR. NEUBERGER, SECONDED B'Y VICE CHAIRMAN DERNBACH THAT HE BE FINED SB0.00 TO BE PAID WITHIN 30 DAYS. AYES= MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY= NONE ANDREW E. DITTENBER 580 CARNIVAL TERRACE MOTION CARRIED. FINDING OF FACT MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH THAT WE FiND ANDREW DITTENBER GUILTY OF VIOLATION OF ?-99(A). MR. DITTENBER SAID HE WAS GOING TO OBTAIN A LICENSE IN SEBASTIAN AS WELL AS THE COUNTY THROUGH A LETTER OF RECIPROCITY. PAGE 10 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 2/1'1/92 VIOLATION HEARING ANDREW E. DITTENBER cont ROLL CALL: AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY~ NONE MOTION CARRIED. MOTION BY MR. CAPP, SECONDED BY MR. NEUBERGER THAT WE FINE MR. DITTENBER $100.00 WITH $50.00 SUSPENDED IF HE ACQUIRES A LICENSE IN THE CITY OF SEBASTIAN WITHIN 90 DAYS. ROLL CALL: AYES: MR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. DISCUSSION: DONALD A. HOMER, CARPENTER MR. HOMER EXPLAINED TO THE BOARD THAT WHEN HE FIRST APPLIED FOR HIS OCCUPATIONAL LICENSE IN 1987 IT WAS AS HOME:REPAIRS- CARPENTRY. MR. COOPER EXPLAINED THAT HE HAD GONE BEFORE PLANNING AND ZONING TO DO HANDYMAN WORK AND THAT AT THAT TIME HE DiD NOT NEED A CONTRACTOR'S LICENSE SINCE HE WAS VERY LIMITED IN WHAT HE COULD DO. MR. COOPER EXPLAINED THAT SINCE MR. HOMER HAS BEEN DOING CARPENTRY WORK RIGHT ALONG AND SINCE IN 1987 IT WAS NOT A TESTED TRADE, THAT MR. HOMER WAS ASKING TO BE GRANDFATHERED IN TO RECEIVE A COMPETENCY CARD FOR CARPENTRY. PAGE 11 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING DIS~D~IONI DONALD HONER, cont 2/11/92 MOTION BY MR. NEUBERGER, SECONDED BY MR. CAPP THAT BASED ON THIS LICENSE, THE FACT THAT HE HAS BEEN WORKING IN SEBASTIAN DOING ODD JOBS AND I DON'T THINK HE HAS ANY INTENTIONS OF GOING OUT AND BUILDING HOUSES, THAT WE SHOULD GRANDFATHER MR. HOMER INTO A CARPENTRY LICENSE AND THAT HE FILL OUT AN APPLICATION AND NOT PAY ANY FEES OTHER THAN THE COMP CARD FEE. VICE CHAIRMAN DERNBACH WANTED TO NOTE FOR THE RECORD .THAT ON MR. HOMER'S HOME OCCUPATIONAL LICENSE ISSUED BY THE CITY IN 1988 IT DID SAY CARPENTRY AND THAT IS THE BASIS FOR THIS GRANDFATHERING. MOTION CARRIED. SCORES WERE REGISTERED IN THE SCORE BOOK BY MR. CAPP AND MR. NEUBER~ER. THERE BEING NOT FURTHER BUSINESS, MEETING ADJOURNED AT i0:15 P.M. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) !58~5330 m FAX (407) 58~5570 CITY OE~ ~EBASTIAN INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTROCTION BOARD OP THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, FEBRUARY 11, 1992 AT 7~0 P.M. IN THE CITY COUNCIL CHAMBERS. SEBASTIAN CONSTRUCTION BOARD NOTE~ IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NE'ED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENRORE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL iS BASED.