HomeMy WebLinkAbout03091993 City of Sebastian
poST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE [407} 589.5330 o FAX[407) 589-5570
TIlE SEBASTIAN CONSTRUCTION
INDIAN RIVER coUNTY, FLORIDA, ~/ILL I. toLD ,rllEIg
(')N TuESDA¥~ MARCH 9, 1993 AT 7:30 p.M. IN TltE CITY
Crt AMBERS ·
pUBL l.C MEET I
BOARD OF TIt[ cITY OF
REGULAR MEET ING
CoUNC I L
To APPEAL ANY DECISION MADE ON
pERSON DECIDESLi, NEED A RECORD OF TItE TO ENSURE
NOTE: I.F ANY -,-,/SHE Wl , ~BIC¢
TIlE ABOVE MATTERS~ tln~, puRPOSES, 1.{E/stlE MAY NEED
pt~ocEEI)INGS~ AND FOR sUCtt NGS IS MADE
TI1AT h vERBATIM REcoRD OF TH~ pROCEEDI ~ttIC~ ~E APpEAl,
RECORD iNCLUDES TttE TEsTtgONY IN EviDENCE ON
I S BASED ·
City of Sebastian
POST OFFICE BOY- 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (,407} 589-5330 r3 FAX (,407~ 589-5570
CALL TO oRDER
ROLL cALL
APPROVAL OF MINUTES:
BLOCK EXAM
REGULAR MEETING - 2/9/93
KEvIN D. THOMAS/JoURNEYMAN ELECTRICIAN
pYTKO/MAsTER ELECTRICIAN
THOMAS A. /cARPENTRY
ANDREW YACKSO JR.
MICHAEL C. RAFFA/PAINTING
ROGER MccORMICK/MCCORMICK DRYWALL ~ESTEND LANE
20 D. cOOKE/MIKE LEE/AMERICAN REMODELING'
oWENBRoOKEDGE TERRACE/46? wATERCREST
301
RECORD sCORES IN scoREBOOK
15 MINUTES TO PUBLIC
INC.
ADJOURN
pAGE 2
N ~C~ES ~0 APPEA~ A~¥ ~c~oN ~^~E O~
oCEEDINGS ~N~ D OF ThE PRO~ .... ~ ~[B~n
BASED,
CONAGEN.DOC
MARCH_ 9__; 199~ ~ 7~3Q P.M.
MEETING WAS CALLED TO ORDER BY ACTING CHAIKMAN CAPP AT 7:30
P.M.
ROLL CALL: PRESENT: MR. TRUMAN sMITH
MR. MOSBY
MR. NEUBERGER
MR. JERRY sMITH
MR. HANEY
ACTING CHAIRMAN CAPP
ABSENT: CHAIRMAN LAMAN - EXCUSED
vICE CHAIRMAN DERNBACH - UNEXCUSED
MRS. ENLOW - UNEXCUSED
ALSO PRESENT: CHIEF BUILDING INSPECTOR, MR. BONACCI
CODE ENFORCEMENT OFFICER, MR. NICHOLSON
APPROVAL O_F MINUTES:.
MOTION BY MR. HANEY, SECONDED BY MR. JERRY SMITH TO ACCEPT
THE MINUTES OF THE MEETING HELD 2/9/93.
MOTION CARRIED.
NONE
NE__ ~ BUSINESS:
BLOCK EXAM
KEVIN D. THOMAS/JOURNEYMAN ELBCTRICIAN
THOMAS A. pyTKO/MASTER ELECTRICIAN
ANDREW YACKSO jR./CARPENTRY
MICHAEL C. RAFFA/PAINTINO
MOTION BY MR. HANEY, SECONDED BY MR. MOSBY THAT WE AccBPT
KEVIN THOMAS, THOMAS PYTKO, ANDREW YACKSO AND MICHAEL RAFFA
FOR THE BLOCK EXAMINATION. MOTION CARRIED.
PAGE 2
SEBASTIAN CONSTRUCTION BOARD -
REGULAR MEETING -
3./9/93
ROGER McCORMICK/McCORMICK DRYWALL
20 WESTEND LANE .
ACTING CHAIRMAN CAPP swORE IN MR. NIcHOLSON WHO GAVE A
N OF THE cASE-
RuNDOW .... u~ McCORMICK
.... .vMAN cAPP sWORE t.~ ,',~
ACTING un ~REGORY GORE ARRI~m~ AT THE
..... ,~ ATTORNEY, ~ .,, n~ESTIONS BE ~IRECTED TO HIM-
MR. McCORM~%~auEsTED THA~ ~ ~-
~EETING. nm .... .
ATTORNEY GORE ASKED IF DENNIS CAPP, ,,EMPLOYEE" OF McCORMICK
DRYWALL WAS PRESENT AT T~E MEETING SO THAT HE couLD BE
QUESTIONED'
MR. DENNIS CAPP WAS NOT pRESENT-
AFTER A BRIEF DISCUSSION' ACTING CHAIRMAN CAPP cALLED FOR A
RECESS AT 7:40 P.M.
THE MEETING REOPENED AT ?:50 p.M'. wITH ALL PRESENT uPON THE
ARRIVAL OF BRUCE cooPER, BUILDING OFFICIAL'
A LENGTHY DISCUSSION FOLLOWED BETWEEN MR. cooPER AND~ ATTORNEY
GORE.
ED THE BOARD.
,~ umcORMICK ADDRESS ' - ~-, ~IS cASE- ~u~,TO
mm ..... ---~ ~OARD ACT o~ .%'~umaRD FINDM m~.
...... ~'NCES, s~F .... ~ .iRCUMST'ANC~ ~,~ iN REGALS To
CIRCUm~[2 ~,,~mY BUT Tn~t_~.,~ &~O GUILTX
LENIENCY wuu~ ~
HIRING AN UNLICENSED coNTRACTOR'
~ O_~ FA__~CT sEcoNDED BY MR. NEUBERGER FOR CK DRYWALL
MOTION BY MR. HANEY'FiND ROGER MccORMICK OF MccORMI
OF AN UNLICENSED
DiscUSSION' THAT WE 26-171(B)' AT 20 wEsTEND LANE,
SEBASTIAN' FLORIDA ON
cONTRACTOR AND AT THIS TiME To ~ .... 6-172(2), AIDING
WILLFUL DISREGARD OF THE BUILDING CODES AND
& ABETTING'
PAGE 3
SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/9/93
vIOLATION HEARINGS ¢ont
ROGER MccORMICK cont
MR. NEUBERGER SAID HE DID NOT SEE HOW YOU cOULD FIND A MAN
GUILTY OF uSING AN UNLICENSED cONTRACTOR AND THEN SAY HE'S
NOT AIDING.& ABETTING.
MR. cooPER SAID THAT AS A RULE THE TWO USUALLY WENT TOGETHER.
. NEUBERGER WITHDREW HIS SECOND.
~ u~NEY WITHDREW HiS MOTION. - -~ ~IND
M~. ~,~ .... ~-~RGER THAT wu r _
NDED BY MK m~u~ ' E
· ,~mT~. BY MR. HANBY, SECO .... ""^'L guILTY OF
n~.~ MccORMIU~, ~" - ~*~u~SS THE UMA~ ..,
m~%~-~=~SED CONTRACTOK, o~j% mnDES, FINDING MK.
WILLFUL' DISREOm~o ~ .... '
MccORmICK GUILTY.OF 26-172{2), AIDING & ABETTING 103,
STANDARD BUILDING CODES. THE INCIDENT TOOK PLACE AT 20
WESTEND LANE, SEBASTIAN, AND THE DATE OF THE OccURRENCE WAS
10/20/92.
ROLL CALL: AYES: ~R. TRUMAN sMITH MR. MOSBY
MR. NEUBERGER
MR. JERRY sMITH
MR. HANEY
ACTING CHAIRMAN CAPP
NAY: NONE MOTION CARRIED.
MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER TO FINE ROGER
MccORMICK, MCCORMICK DRYWALL, $100.00 FOR VIOLATION 26-171'(B)
USE OF UNLICENSED CONTRACTOR, $50.00, AIDING & ABETTING, 26-
172(2), AND susPEND $75.00 OF THE FINE FOR SIX MONTHS
PROVIDED NO OTHER VIOLATIONS occUR.
ROLL CALL: AYES: MR. MosBY
MR. NEUBERGER
MR. JERRY sMITH
MR. HANEY
ACTING CHAIRM~N CAPP
NAY: MR. TRUMAN sMITH
MOTION CARRIED"
PAGE 4
SEBASTIAN CONSTRUCTION BOARD ~ REGULAR MEETING - 3/9/93
VIOLATION HEARINGS cont
OWEN D. coOKE/MIKE LEE/AMERICAN REMODELING, INC.
B01 BROOKEDGE TERRACE/467 WATERCREST
ACTING CHAIRMAN CAPP SWORE IN MR. OWEN D. cOOKE AND MIKE LEE.
MR. NICHOLSON REVIEWED THE cASE.
MR. cooPER TOLD THE BOARD THAT THEY WOULD ONLY BE TAKING
ACTION ON MR. COOKE SINCE HE IS THE QUALIFIER OF AMERICAN
REMODELING- MR. LEE IS A LOCAL REPRESENTATIVE FOR THE STA~I'E
OF FLORIDA.
coo Z ASD S OKZ SO O.
MOTION BY MR. NEUBEROER, SECONDED BY MR. HANEY TO FIND
AMERICAN REMODELING GUILTY OF VIOLATION OF ARTICLE 26-171(B)'
USE OF UNLICENSED SUB-CONTRACTOR" DROP THE CHARGE 26-172(1),
~ILLFUL DISREGARD FOR THE BUILDING CODES, GUILTY ON .26-
172(2), AIDING & ABETTING.
ROLL CALL: AYES: MR. TRUMAN sMITH
MR. MOSBY
MR. NEUBERGEK
MR. JERRY sMITH
MR. HANEY
ACTING CHAIRMAN CAPP
NAY: NONE MOTION CARRIED.
MOTION BY MR. NEUBERGER, sECONDED BY MR. HANEY THAT ~ FINE
AMERICAN REMODELING, INC. $150.00 ON THE CHARGE 26-171(B) AND
$150.00 ON 26-172(2), AIDING & ABETTING FOR A TOTAL $$00~00,
SusPENDING $200.00 FOR SIX MONTHS AND ALL FINES TO BE PAID
PRIOR TO ANYMORE PERMITS BEING IssUED IN THE CITY OF
SEBASTIAN.
ROLL CALL: AYES: MR. TRUMAN sMITH
MR. MOSBY
MR. NEUBERGER
MR. JERRY sMIT~
MR. HANEY
ACTING CHAIRMAN CAPP
MOTION CARRIED-
NAY: NONE
pAGE 5
SEBASTIAN
coNSTRUCTION BOARD -
REGULAR MEETING -
VIOLATION HEARINGS cont
DANIEL RHODES
301BROOKEDGE TERRACE/46? WATERCREST
MR. cooPER ASKED MR. RHODES IF HE WAS WILLING TO HAVE HIS
CASE HEARD. MR. RHODES SAID HE HAD JuST RECEIVED CERTIFIED
MAIL coNTAiNING THE NOTICE OF HEARING FOR THIS CASE.HE sAID
THAT HE WAIVED DUE PROCESS AS FAR AS TIME wENT.
MR. RHODES WAS swoRN IN BY MR. cooPER.
DURING THE TIME THAT MR. cooPER WAS QUESTIONING MR. RHODES,
MR. RHODES TOLD THE BOARD THAT HE WAS IN THE PROCESS OF
TAKING THE BLOCK EXAM SO THAT HE coULD GET LICENSED IN THE
cITY or sEBASTIAN'
FIN i__Np_L~ OF FA__~CT MR. HANEY IN FINDINGS
~ ~ ~ONDED BY _I?I(A), UNLICENSED
MOTION BY MR. MosBY, ~m~
RHODES, GUILTY oFl wILLFUL DISREGARD FOR THE
DANIEL 26-172(
AGAIN~TOR AND GUILTY OF
coNTR
BUILDING cODES.
ROLL cALL: AYES: MR. TRUMAN sMITH
MR. MOSBY
MR. NEUBERGER
MR. jERRY sMITH
MR. HANEY
ACTING CHAIRMAN cAPP
NAY: NONE MOTION cARRIED'
y. sEcoNDED BY MR. NEUBERGER THAT WE FINE
A), ACTING AS AN
~''~MIEL RHODEb_~ 'mlo0.O0 ru~ $150 O0 FOR
m~ .... ~_~ coNTRAC~U~' - AND susPEND '
UNLICEN~mP
DISREGARD FOR THE BUILDING cODES
MONTHS AS LONG AS NO oTHER viOLATIONS ocCUR.
PAGE 6
SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/9/94
VIOLATION HEARINGS cont
DANIEL RHODES cont
ROLL CALL: AYES:
MR. MOSBY '
MR. NEUBERGER
MR. JERRY SMITH
ACTING CHAIRMAN CAPP
NAY:
MR. TRUMAN SMITH
MR. HANEY
MOTION CARRIED.
SCORES WERE REGISTERED IN THE SCORE BOOK BY MR. MOSBY AND MR.
NEUBERGER.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:15
P.M.