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HomeMy WebLinkAbout03081994 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, MARCH 8, 1994 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI~'&~ECRETARY SEBASTIAN CONSTRUCTION BOARD 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, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. NOTE: IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLCMTG.DOC SEBASTIAN CONSTRUCTION BOARD MINUTES OF MEETING HELD APPROVED AT MEETING HELD M i CHEY CAPP, CHA I lt~r~A~ K'. NAPI~I,~'~OARD SECRETARY City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MARCH 8, 1994 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 2/8/94 OLD BUSINESS: NEW BUSINESS: BLOCK EXAMS PRESCOTT, ALBERT M./POOL MAINTENANCE & REPAIR FORD, ROBERT J./MASTER ELECTRICIAN HARRIS, AL/DRYWALL HARRIS, AL/STUCCO FEY, RICHARD/EXCAVATING - REQUEST BY RICHARD FEY FOR GRANDFATHER RIGHTS GELLER, GLENN/EXCAVATING - TO QUALIFY FOR L.I. TREE SERVICE VIOLATION HEARINGS: HUGH A. HANCOCK 484 U.S. #1 FRANK ACITELLI 758 SCHUMANN DRIVE GARY DURKEE 758 SCHUMANN DRIVE BUILDING OFFICIAL MATTERS: PAGE 2 BOARD MATTERS: VOTE ON CHAIRMAN AND VICE CHAIRMAN RECOMMEND APPLICANT TO CITY COUNCIL TO FILL VACANCY ON THE BOARD RESIGNATION OF NYRA ENLOW ATTORNEY MATTERS: RECORD SCORES IN SCOREBOOK 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, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CONAGEN.DOC SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING F~%RCH8~ 1994 ~ 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN CAPP AT 7:30 P.M.. ROLL CALL: PRESENT: MR. MILLER MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. JERRY SMITH MR. MOSBY MR. TOZZOLO VICE CHAIRMAN CAPP ABSENT: BRUCE COOPER, BUILDING OFFICIAL ALSO PRESENT: MR. GEORGE BONACCI, CHIEF BUILDING INSPECTOR MR. ROBERT N. NICHOLSON, CODE ENFORCEMENT OFFICER APPROVAL OF MINUTES: REGULAR MEETING - 2/8/94 A MOTION WAS MADE BY MR. JERRY SMITH, SECONDED BY MR. TRUMAN SMITH TO ACCEPT THE MINUTES OF THE FEBRUARY 8, 1994 MEETING. NYRA ENLOW ASKED IF THE ADDITIONAL INFORMATION WAS BROUGHT INTO THE BUILDING DEPARTMENT ON TERRY BALKWILL. VICE CHAIRMAN CAPP STATED IT WAS APPROVED IN HOUSE. ROLL CALL: MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. JERRY SMITH MR. MOSBY VICE CHAIRMAN CAPP MR. MILLER YES YES YES YES YES YES YES MOTION CARRIED. NEW BUSINESS: BLOCK EXAMS ALBERT PRESCOTT/POOL MAINTENANCE & REPAIR ROBERT J. FORD/MASTER ELECTRICIAN SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/94 PAGE 2 NEW BUSINESS cont. AL HARRIS/DRYWALL AL HARRIS/STUCCO A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. RANDY MOSBY TO ACCEPT THE APPLICATION OF ALBERT PRESCOTT FOR THE BLOCK EXAM FOR POOL MAINTENANCE AND REPAIR. MOTION CARRIED UNANIMOUSLY. MR. NEUBERGER HAD A FEW QUESTIONS OF ROBERT J. FORD CONCERNING THE NOTARIZED VERIFICATION FORM AND HIS EXPERIENCE. MR. MILLER ALSO ASKED ABOUT MR. FORD'S EXPERIENCE AS SUPERVISOR. A MOTION WAS MADE BY MR. TRUMAN SMITH, SECONDED BY MR. JERRY SMITH TO APPROVE THE APPLICATION OF ROBERT J. FORD FOR MASTER ELECTRICIAN. ROLL CALL: MR. MILLER MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. JERRY SMITH MR. MOSBY VICE CHAIRMAN CAPP YES NO YES YES YES YES YES MOTION CARRIED. MR. NEUBERGER ASKED AL HARRIS IF HE WAS GOING TO QUALIFY TWO DIFFERENT COMPANIES AT THE SAME TIME. G.K. FISHER IS A COMMERCIAL COMPANY AND iNDIAN RIVER DRYWALL IS STRICTLY RESIDENTIAL AND IS HIS OWN COMPANY. MR. HARRIS STATED HE WAS VICE PRESIDENT OF G.K. FISHER. THERE WAS A DISCUSSION ON WHETHER A PERSON COULD QUALIFY FOR MORE THAN TWO BUSINESSES AT THE SAME TIME WITHOUT GOING THROUGH THE STATE. THERE WAS A QUESTION CONCERNING THE FEDERAL TAX LIEN PUT ON G.K. FISHER. MR, HARRIS STATED HE COULD PROVIDE A COPY OF THE RELEASE OF THE LIEN TO US. A MOTION WAS MADE BY MR. RANDY MOSBY, SECONDED BY MRS.. ENLOW TO RECOMMEND TO APPROVE AL HARRIS TO TAKE THE BLOCK EXAM FOR THE DRYWALL TEST. SEBASTIAN CONSTRUCTION BOARD - PAGE 3 REGuLAR MEETING - ROLL CALL: MR. MILLER MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. JERRY SMITH MR. MOSBY VICE CHAIRMAN CAPP YES YES YES YES YES YES YES MOTION CARRIED. A MOTION WAS MADE BY MR. JERRY SMITH, SECONDED BY MR. KEITH MILLER TO APPROVE AL HARRIS TO TAKE THE BLOCK EXAM FOR STUCCO PENDING AN EXPLANATION OF THE FEDERAL TAX LIEN AGAINST G.K. FISHER. MR. HARRIS STATED HE HAD THE SECRETARY OF G.K. FISHER WITH HIM AND HE COULD PROVIDE A COPY OF THE RELEASE OF THE FEDERAL TAX LIEN. ROLL CALL: MR. MILLER MR. NEUBERGER MR' TRUMAN SMITH MRS. ENLOW MR. JERRY SMITH MR. MOSBY VICE CHAIRMAN CAPP YES YES YES YES YES YES YES MOTION CARRIED. RICHARD FEY/EXCAVATING - REQUEST BY RICHARD FEY FOR GRANDFATHER RIGHTS: MR. FEY WAS PRESENT WITH HiS ATTORNEY. MR. FEY HAS REQUESTED THAT MR. MOSBY SHOULD NOT PARTICIPATE IN THESE PROCEEDINGS BECAUSE IT WOULD BE A CONFLICT OF INTEREST. HE STATED MR. MOSBY DOES BUSINESS WITH DR. FISCHER, WHO WAS THE COMPLAINANT. MR. MOSBY STATED THERE WAS NO CONFLICT OF INTEREST WITH THIS MATTER AND HE WAS SURPRISED IT WAS BROUGHT UP. THE REQUEST WAS DENIED. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/94 PAGE 4 VICE CHAIRMAN CAPP STATED FOR THE RECORD THAT HE DOES HAVE BUSINESS DEALINGS AND THAT HE HAS'DONE BUSINESS DEALINGS WITH RICHARD FEY. GEORGE BONACCI STATED THAT MR. COOPER ADVISED HIM TO LET THE BOARD KNOW THAT THERE IS A CODE VIOLATION PROCEEDING AGAINST L.I. TREE SERVICE (UNLICENSED EXCAVATION) FOR THE NEXT MEETING. VICE CHAIRMAN CAPP STATED THAT BLOCK & ASSOCIATES GIVES A TEST FOR EXCAVATION. THE BOARD IS GOVERNED BY BLOCK & ASSOCIATES. THE BOARD LICENSES PEOPLE IN SEBASTIAN BY THE TEST THAT THEY OFFER. WHETHER IT IS A SMALL PART OF EXCAVATION, HE NEEDS TO BE LICENSED FOR EXCAVATION. THE SCOPE OF EXCAVATION INCLUDES LANDCLEARING. MR. FEY'S ATTORNEY PRESENTED INDIAN RIVER COUNTY OCCUPATIONAL LICENSES FOR LANDSCAPING, LANDCLEARING. THE LANDSCAPING OCCUPATIONAL LICENSE WAS ORIGINALLY ISSUED IN 1986. MR. FEY STATED THAT IN THE CITY OF SEBASTIAN HE HAS A CONTRACT FOR HAULING LANDCLEARING DEBRIS, AND IN THE CITY OF VERO, HE HAS A CONTRACT FOR STUMP REMOVAL. ALSO, IN THE CITY OF FELLSMERE, MR. FEY HAS A CONTRACT FOR FILL. MR. FEY ALSO STATED HE HAS DONE WORK PRIOR TO 1990 FOR THE STATE AT SEBASTIAN INLET FOR CLEARING. VICE CHAIRMAN CAPP STATED WE ONLY ACCEPT LICENSES BEFORE 1991 FROM INDIAN RIVER COUNTY FOR OUR GRANDFATHER CLAUSE. MR. FEY ALSO PRESENTED A LETTER FROM STRNAD DEVELOPERS THAT HE HAS DONE WORK FOR THEM. MR. FEY'S ATTORNEY READ A LETTER FROM THE INSURANCE COMPANY STATING THAT L.I. TREE SERVICE HAS BEEN INSURED FOR TREE REMOVAL, LANDCLEARING, GRADING AND LANDSCAPING AND DIRT HAULING SINCE 1986. MR. FEY STATED THAT ALL RECORDS OF L.I. TREE SERVICE WERE WIPED OUT OF THE COMPUTER. THE RULE OF THE BOARD IS TO HAVE AN EXISTING EXCAVATION' LICENSE ISSUED PRIOR TO 7/31/91 WITH THE COUNTY TO BE GRANDFATHERED IN WITH SEBASTIAN. WITH THE PROPER DOCUMENTATION, GRANDFATHERING IS USUALLY DONE IN HOUSE WITH THE CHAIRMAN AND ONE BOARD MEMBER SIGNING OFF. A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR.. MILLER THAT THE REQUEST FOR RICHARD FEY FOR GRANDFATHERING WAS DENIED DUE TO LACK OF PROPER DOCUMENTATION. ROLL CALL: MR. MILLER MR. NEUBERGER YES YES SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/94 PAGE 5 MR. T. SMITH MRS. ENLOW MR. J. SMITH MR. MOSBY VICE CHAIRMAN CAPP YES YES YES YES YES MOTION CARRIED. GLEN GELLER/EXCAVATING - TO QUALIFY FOR L.I. TREE SERVICE: GLEN GELLER STATED HE iS A LICENSED RESIDENTIAL CONTRACTOR. VICE CHAIRMAN CAPP STATED THAT MR. GELLER COULD NOT QUALIFY TWO CORPORATIONS AT THE SAME TIME WITHOUT GETTING APPROVAL FROM THE CONSTRUCTION LICENSING BOARD. HE DID SAY THAT IF YOU ONLY QUALIFY ONE CORPORATION, YOU WOULD NOT HAVE TO GET APPROVAL. MR. GELLER WOULD HAVE TO MAKE A CHANGE OF STATUS FROM BETTER BUILT HOMES TO L.I. TREE SERVICE WITH THE STATE AND THE CITY. MR. GELLER NEEDS TO BE PART OF THIS BUSINESS. THIS CHANGE OF STATUS CAN BE DONE IN HOUSE. A 5 MINUTE RECESS WAS TAKEN. VIOLATION HEARINGS: HUGH A. HANCOCK 484 U.S. #1 ROBERT N. NICHOLSON WAS SWORN IN AND GAVE A RUN DOWN ON THE CASE. MR. MOSBY ASKED IF THIS CASE WAS BROUGHT BEFORE THE BOARD PREVIOUSLY. THE BOARD AGREED THAT THEY HAD HEARD THIS CASE BEFORE. A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. MILLER TO CHECK THE PAST MINUTES OF THE BOARD TO SEE IF THiS CASE HAS ALREADY BEEN DISPERSED WITH AND IF NOT BRING IT BACK. THE MOTION WAS PASSED UNANIMOUSLY. MR. NICHOLSON APOLOGIZED IF THE CASE WAS BROUGHT BEFORE THE BOARD PREVIOUSLY AND IF NOT, THE CITY WILL BRING IT BACK. FRANK ACITELLI & GARY DURKEE 758 SCHUMANN DRIVE MR. ACITELLI & GARY DURKEE WERE PRESENT. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/94 PAGE 6 MR. NICHOLSON AND MR. BONACCI GAVE THEIR RUN DOWN OF THE CASE. MR. NICHOLSON STATED THAT FRANK ACITELLI AND GARY DURKEE SHOULD BE FOUND IN VIOLATION OF SECTION 26-171(a), UNLICENSED ELECTRICAL CONTRACTOR; 26-172(1), WILLFUL DISREGARD OF BUILDING CODES. THE CITY SUBPOENAED THE TENANT AND JAMES HARPER, HARPER ELECTRIC. THE TENANT DID NOT ATTEND THE. MEETING. MR. MOSBY STATED THAT FROM ALL THE'DOCUMENTATION THEY WERE NOT PRACTICING AS AN ELECTRICAL CONTRACTORS. MR. JAMES HARPER, HARPER ELECTRIC, GAVE HIS TESTIMONY ON THIS CASE. FINDING OF FACT: A MOTION WAS MADE BY MR. MOSBY, SECONDED BY MR. NEUBERGER TO DISMISS THE CHARGES AGAINST FRANK ACITELLI ON CASE# 94-9134. ROLL CALL: AYES: MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. MOSBY NAY: MR. MILLER MR. JERRY SMITH VICE CHAIRMAN CAPP MOTION CARRIED. A MOTION WAS MADE BY MR. MOSBY, SECONDED BY MR. NEUBERGER TO DISMISS THE CHARGES AGAINST MR. GARY DURKEE ON CASE# 94-9134. FOR THE RECORD, THE CHARGES THAT MR~ MOSBY WAS REFERRING TO ARE 26-171(a) AND 26-172(1), WHICH HAVE NO REFERENCE TO BUILDING PERMITS. ROLL CALL: AYES: MR. NEUBERGER MR. TRUMAN SMITH MRS. ENLOW MR. MOSBY SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/94 PAGE 7 NAY: MR. MILLER MR. JERRY SMITH VICE CHAIRMAN CAPP MOTION CARRIED. BOARD MATTERS: VOTE FOR CHAIRMAN AND VICE CHAIRMAN: A MOTION WAS MADE BY MR. RANDY MOSBY, SECONDED BY MR~ KEITH MILLER TO NOMINATE MR. MICKEY CAPP CHAIRMAN OF THE CONSTRUCTION LICENSING BOARD. A MOTION TO CLOSE THE NOMINATION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. TRUMAN SMITH. MOTION CARRIED UNANIMOUSLY. A MOTION WAS MADE BY MR. RANDY MOSBY, SECONDED BY MR. TRUMAN SMITH TO NOMINATE MR. NEUBERGER FOR VICE CHAIRMAN. MOTION CARRIED UNANIMOUSLY. THE BOARD REGRETFULLY ACCEPTED NYRA ENLOW'S RESIGNATXON AS REGULAR CONCERNED CITIZEN. THE FOLLOWING MOTIONS WERE MADE TO FILL THE POSITIONS ON THE CONSTRUCTION BOARD: A MOTION WAS MADE BY MR.TRUMAN SMITH, SECONDED BY MR. JERRY SMITH TO APPOINT MR. MiCKEY CAPP TO THE GENERAL CONTRACTOR POSITION. MOTION CARRIED UNANIMOUSLY. A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. JERRY SMITH TO APPOINT MR. TRUMAN SMITH TO FILL THE HARV POSITION VACATED BY JAMES D. HANEY. MOTION CARRIED UNANIMOUSLY~ A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. JERRY SMITH THAT MR. WAYNE TOZZOLO FILL THE REGULAR MEMBER VACANCY. MOTION CARRIED UNANIMOUSLY. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/8/9'4 PAGE 8 A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. JERRY SMITH THAT ON THE RESIGNATION ACCEPTANCE OF NYRA ENLOW THAT KEITH MILLER FILL THE SLOT OF REGULAR CONCERNED CITIZEN. MOTION CARRIED UNANIMOUSLY. A MOTION WAS MADE BY MR. JERRY SMITH, SECONDED BY MR. NEUBERGER TO ACCEPT MICHAEL HERBIG'S APPLICATION TO THE CONSTRUCTION BOARD FOR AN ALTERNATE CONCERNED CITIZEN. MOTION CARRIED UNANIMOUSLY. STAFF NEEDS TO ADVERTISE FOR ANOTHER ALTERNATE CONCERNED CITIZEN. A BRIEF DISCUSSION WAS MADE ON THE LETTER GIVEN TO THE BOARD, FOR INFORMATION ONLY, REGARDING WILLIAM BARBER'S EMPLOYMENT WITH MERIDIAN BUILDING CORP. CHAIRMAN CAPP STATED AT THE PREVIOUS MEETING OF OCTOBER OR NOVEMBER THE BOARD STATED THAT IF THERE WAS ANY PROOF THAT MR. BARBER WAS ON THE JOB OR POSSIBLY A PART OF THAT BUSINESS, THAT THEY COULD BE BROUGHT BACK BEFORE THIS BOARD. ATTORNEY MATTERS: NONE RECORD SCORES IN SCOREBOOK: SCORES WERE REGISTERED IN THE SCOREBOOK BY MR. NEUBERGER AND MR. TOZZOLO. 15 MINUTES TO PUBLIC: NONE ADJOURN: THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 10:00 P.M.