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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.