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HomeMy WebLinkAbout03131979Construction Board Meeting March 13, 1979 All members present except for David Hines. Ed Paluch made the motion, Chris Kirrie seconded it, that we accept the m~nutes of February 20, 1979. All in favor, none opposed. Mr. McCullers was present at this meeting. It seems that he (~Cul~ers & Howard) had failed to indicate, on their application for certification by this Board, that they are in th~ business of installing lawn sprinkler systems. They have installed numerous systems without holding a local license. After discussing this matter, Ed Paluchmade the motion, Cliff Hoose seconded it, that we emend the original application and haveMr. McCullers indicate that he is applying for a Lawn Sprinkler license. Ail in favor, none opposed. ' The next item of discussion, was the matter of the unlicensed plumber who is doihg the plumbing in new homes. This gentleman informed the Board that ha is not doing this work by contracting. He does not. contract his jobs. He does them by the hour and says that he gets paid by the hour. This man was instructed that, if he is going to disobey our ordinances (the City of Sebastian's codes and ordinances) and go against the State laws for contracting, then the only thing we could do is ~o bring this to the attention of the State Attorney and have them prosecute, as they see fit. Art was instructed to pursue' this matter further with the Owner-Builder in question and, before they get a Final I~spection from this building department, they will be required to show all payroll data. Another matter of discussion was the gentleman, who had been sent numerous letter in the past, in regards to the insurance requirements. Every time his agent sent us a copy of his insurance, it was always inadequate. This gentleman had advised the Board that he has had his limits of liability raised to conform with our ordinance. A copy will be sent to the Building Department. A sub-contractor, doing stucco work ~n the City of Sebastian w~tkout a license, was asked to attend th~S meeting. .Art s~ thi~man.~n a job in the Sebastian Highlands and knew' he was.n~t properly licensed to work here, in the city. He works for-a 9eneral-.contractor w~o is well aware of the laws and ordinances governing contractors ~n the City of Sebastian. Art said that he w~ll contact the general con- tractor in question and ~iscuss th~se matters w~th him. A certified letter, sent to Kenneth Conner, Aztec Home Development, on January 10, 1979 giving him 30 days, from receipt of that letter, to correct all electrical prolbems in the house on 461 SW Hazel Street, Sebastian Highlands. His thirty days was up on February 23, 1979 and the owner has informed the Building Department that none of the work had been done that was asked of this contractor in that letter. Grace will write this gehtleman another certified letter andinstruct him that he hassuntil April 11, 1979 to rectify this problem or we will have a hearing on that date. Cliff Hoose brought up the subject of carpet?~ayers. He felt that they should be licensed. Ed Schmucker informed him that, in the beginning, all the persons involved with the construction of a new home should be licensed by this Board. However, after Several ~eet- ings and discussions, certain categories were eliminated from our list of contractors who need to be licensed and, carpet layers was one of them. If anyone has a problem with -~ carpet in their new home, they should contact the Consumer Protection Agency. Next meeting will be April 11, 1979 at 9 a.m. in City Hall. POST ~l~r~h 13, ~979 Hearing: I~E: ~t~. Paml ~mkefieXd, Contrac~r ABSENT= David Hines This hearing ¢~m~ce4with t~e rem~ing of a letter t~Z ~ ~ent to Mr. Art ~yer, ~1~i~ ~luial in t~ City of ~i~ which was ~itt~ ~ ~. ~r~Ve~r, Xn~tl~r, C~structi~ I~t~ Li~l~ ~rd, ~ As is stat~ by t~ list of ~s present mt ~hil ~i~, have a q~r~ ~re ~ act ~ this ~tter ~f ~. certifi~ lett~ ef ~r 27, 1978 sen~ to ~. Paul ~efie14, which ~. ~efie~ 4i4 ~t cAl~ at the ~t ~ffice. was writt~ ~ t~ at~Y, ~. ~lle. Grlce ~ r~ a liter, ~ ~r ~1, 197~, written ~ the atomy, ~- ~. Terry Ve~er, i~sti~a~~, ~s ~t at this ~i~. t~t date. ~ Febrm~y 5, 1979, ~. V~A~e h~ se~t t~ t~ l~riff'l ~., ~eti~, which~l ~~'~ ~ F~r~ry 20, 1979. had ~is~ ~. V~lle t~ t~ h~ left ~is lette= ~efield's front ~r. ~ls ~et~er was ~t ~~11y it was left mt t~ fret ~. A ~ICE ~ ~~ w~ ~ ~o: Paul T. 620 Palm ~ ~ Palm.y, .'HONE OF P E L I CA ~ I S LA ~ D" 323 Bay Boulevard Palm Bay, Florida The return was then reed, which states that this above ~otica was not served. Mr. Paul T. Nmkefield could not be located in ~revard County, Florida where p~ocess of service co~ld be had. We have tried, on several occasions, to ser~e ~r. Wmkefield with documentation to appear before the SebaStian Constrmctlon ~rd. On the advice of our attorney, Nr. L. B. Vocelle, we will h~ld a hearing this' date. At this point, the hearing was turned over to N~.Terry Verr~r, for presentation. ~r. Verner stated that he h~d asked the p~st office in pal~ Bay if N~. Wm~e£ield'S box n~r was cm~rently active. He was informed that NSf. Wmkefiel4 ~ beenpi=kl~q ~P his mail and th%~, be wme in the area. In the files of the Sebastian C~atruction ~rd, is a copy of the application for h~ildi~ p~a~mit, signe~ by ~hr. ~mksfield and, also, the pe~u[t w~ic~ ~ l~ued to N~. ~kefisld. We also have in the files, ac~y of the proposal, sd~itt~4to Fred Wessendorf, fro~Mr. J~ ~cLain mhd a state~ent of the balance dme for work perfo~ ~ the dt~l.K, s~h~itted f~ James ~cLain. Mrs. Fred Wessendorf was s~orn in for her teatia~ny in this case. She resides at 39~ F. Victoria DTi~e, Se~a~ti~, Florida. Bmr husband has signed all his c~ntrmcts for this 4mplex, not with Mr. Paul Wakefield, but with J~mee NcLain, ~/b/a NcLain Construction. Terry Verner showe4 N~s. Wes~orf a copy of the proposal that was given to Nr. ~ssendorf a~d she was aeke4 if this is a copy of the original ~ ~ replied thet it was. She was asked if this was a cop~ of the original statsmsnt inwolving the charges and costs to constrmct this d~plex. She replied, yes. Mr. Verner asked Mrs. Wessen~orf if she comld state briefly, the problems that still exist on this d~plex. She replied that: 1. The windows were very loose. Hrs. Weesendorf has called Mr. McLain n~erous t~ and he is newer ho~e. Hrs. wessen~orf alweys' converses with Mrs. ~cLain a~d s~e always p~emisea that Jm~es will be out t~re t~ ~t day, but ~ n~r s~ ~. 2. Mrs. ~s~n~rf Says t~t they "are alwmys havi~ro~le wi~ the ~tic t~k ~ the buil~r ~s ~t try to fix it. 3. All t~ ~s are h~ ~ng--t~y '~d to ~ reh~ ~ plan~. ~s. ~s~rf says that ~wer t~ ~ a pr~l~ ~ contact ~in, ~ o~ ever s~ up. Mr. McLain wa s paid in full every time he reqmested a payment. Ail the bills were paid by check. Mrs. Wessendorf was asked that, when you signed the contract with McLain Construction, did you have any kr~wled~e, or cont&ct, with Mr. Wakefield? No. Mrs. Wessendorf stated that they (her m~d her hu~bm~d) were out on the job site every ~ay . . . and in oontmcting Mrs. McLain, she would ask how the job was ~oin~. Nfs. ~Lain would tell Mrs. Wessendorf that they hod not been out to the j~d~ in weeks. Mrs. Wessendorf also stated that she never saw, nor would she know, Mr. Wakefield on the job. She never even saw Mr. McLain. Mr. McLain had hired o(~Boon.e else to ~o the work for him. Mr. McLain is the unregistered co~tractor, but this hearin~ is strictly for Mr. M&kefield, who hee violated F.S. 468.112 (2) (b). Terry Verner feels, rather the State feels, that all this evidence is sufficient to charts Mr. Wakefield with "aidin~ and mbetti~ any uncertified or ~registered l~mrson to evode any provision of this part." Because there is a local board, the State feels that any case should be presented to the local board for their decision. This local Board cannot suspend or re~oke Mr. Wekefield's license, as they did not issme it. They cma only, th~0u~h the B~ilding Department, prohibit him fro~ ~ring any ~eFmits in tbs City. The local Board womAd dbs~lde his gmilt or innocence and refer any decision they make to the State Licensing Board. The first thing this Board m~st decide is whether or not the gentles~an in question is quilty or not. If the Board fir~Sz that the man is guilty, then they c~ request the' local buildln~ official not to issue any permits to him, in the future. This decision will then be forwarded to the State for their action. Art Mayer, Buildin~ Official, asked the attorney if we could fine this man, Mr. Wakefield. Mr. Vocelle felt that we could Art stated that his only concern WaS that we wont thro~ a lot of expense to serve pm~ers, etc. on Mr. W~ield and he wes wondering if we comld he reseed for all the Art asked Mrs'. Wassendorf who approached Mr. Wakefield to l~all the permit? Did you contact Mr. Wakefield or did Mr. McLain? Mrs. Wessen~orf said that Mr. McLmin got Mr. W~efield to secure the permits. She ~oes-not know Mr. Wakefield. A question was asked if there wee any action taken on Mr. McLain. Terry Verner infozg~sd us that there was, thro~ the StateAttorney's office. Mr. McLain ca~ before the Judge, plead no contest and was fined $60. The offense he plomd no contest to was contracting with- -out being certified or regioeFed. Clifford Hoose n~ the motion, Ed Paluch seconded it, that we find Mr. Wakefield in violation of F.S. 468.112 (2) (b). A roll call vote was taken and the results: Mr. Kirrie - yes Mr. Tripp - yes Mr. Paluch - yes Mr. Schmucker - yes ~oose - yes Harris - yes The next item of d/~L0m w~ld be for the ~ard to r~ ~t ~ hldinq Officiml to ~. ~efield ~ ~t ~ mid ~t ~ e~j~t o~ The evidence pzeomMd os each lmticatee trmt there is & viol&tim to the Florida S~ate L~. Chris Kirris mdeJU tbs ~OtlOil, Bd Paluch sooo~dod it, $2M~ em dO inform our buildinq officio/ th~ ~r. tikefiel~ will Bet be lmr- mitred to troll amy purmlt8 through this building 6upertiBem~ mtil All in favor, mc~e ~1~oe~1. We, the Seb&~ti~ C~et~ti~ Be~r~ are here to ~ot~t ~ ~lp the ~le. ~t's ~t ~'re ~re for.