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Home My WebLink About04121994SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING APRIL 12~ 1994 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 3/8/94 OLD BUSINESS: NEW BUSINESS,:, BLOCK EXAMS SPENCER, JOHN R./TILE & MARBLE ESKEW JR., JAMES E./ROOFING UNLIMITED BOX, JOHN R./CARPENTRY FERGUSON, ANDREW J./SW. POOL MAINT. & REPAIR SPRAGUE, RICHARD S./JOURNEYMAN ELECTRICIAN WELLS III, WALTER M./$OURNEYMAN ELECTRICIAN CYPRA, RICHARD./PAINTING ALLEN, GARY/CARPENTRY FEY, RICHARD/EXCAVATING FALCETTA, GERALD J./MARINE CONSTRUCTION VIOLATION HEARINGS: RICHARD FEY/L.I. TREE SERVICE 1356 SCROLL STREET JAMES BROGNANO/AMERON HOMES 1356 SCROLL STREET RICHARD FEY/L.I. TREE SERVICE 102 BOB CIRCLE PAGE 2 CONSTRUCTION BOARD - 4/12/94 JOHN LLOYD/ANDERSON/LLOYD 102 BOB CIRCLE BUILDING OFFICIAL MATTERS: BOARD MATTERS: DISCUSSION: BOARD APPOINTMENTS ATTORNEY MATTERS: RECORD SCORES IN SCOREBOOK 15 MINUTES TO PUBLIC ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL iS BASED. CONAGEN.DOC City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, APRIL 12, 1994 AT 7:30 P.M. IN T~E CITY COUNCIL CHAMBERS. K. NAPPI ~'CR]~TARY SEBASTIAN CONSTRUCTION BOARD NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION' MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT'A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. NOTE: IN COMPLIANCE WITH THE AMERICANS WITH DISABILI'TIE$ ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD.CONTACT THE CITY'S ADA COORDINATOR AT $89-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLCMTG.DOC SE_BAST I AN CON STRUCT I O]~ ~ ~ 1994 - 7:30 MEETING WAS CALLED TO ORDER BY CHAIRMAN CAPP AT 7:30 P.M. ROLL CALL: PRESENT: MR. TRUMAN SMITH, VICE CHAIRMAN NEUBEROER, MR. JERRY SMITH, MR. MILLER, CHAIRMAN CAPP. ABSENT: MR. TOZZOLO, EXCUSED, MR. MOSBY, EXCUSED. ALSO PRESENT: MRS. LEA SMITH, CODE ENFORCEMENT OFFICER. MOTION BY MR. JERRY SMITH, SECONDED BY MR. MILLER TO APPROVE THE MINUTES OF REGULAR MEETNG HELD 3/8/94. MOTION CARRIED. O__I~ BUSINESS: NONE NEW ~ BLOCK EXAMS MOTION BY VICE CHAIRMAN NEUBERGER, SECONDED BY MR. MILLER THAT THE SEBASTIAN .C°NSTRUCTION BOARD SPONSOR JOHN SPENCER, JAMES E. ESKEW JR., JOHN R. BOX, ANDREW J. FERGUSON, RI:~HARD' S. SPRAGUE, WALTER M. WELLS III, RICHARD CYPRA, GARY ALLEN, RICHARD FEY AND GERALD J. FALCETTA FOR THE BLOCK EXAM'. ROLL CALL: AYE: MR. TRUMAN SMITH, WICE CHAIRMAN NEUBERGER, MR. JERRY SMITH, MR. MILLER, CHAIRMAN CAPP NAY: NONE MOTION CARRIED. RICHARD FEY/L.I. TREE SERVICE 1356 SCROLL STREET MR FEY AND MRS. SMITH WERE SWORN IN BY CHAIRMAN CAPP. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 4/12/94 VIOLATION HEARINGS cont RICHARD FEY/1356 SCROLL STREET MRS. SMITH READ THE MEMO DONE BY ROBERT NICHOLSON WHO WAS THE CODE ENFORCEMENT OFFICER AT THE TIME. MR. FEY TOLD THE BOARD THAT HE WAS LED TO BELIEVE THAT SINCE HE HAD A COUNTY OCCUPATIONAL LICENSE FOR LANDCLEARING THAT HE DID NOT NEED A CITY LICENSE TO DO LANDCLEARING. CHAIRMAN CAPP EXPLAINED THAT SINCE HE WAS DOING A CONSTRUCTION TRADE THAT HE (FEY) DOES NEED TO BE LICENSED. MR. FEY GAVE A COPY OF HIS COUNTY OCCUPATIONAL LICENSE TO THE BOARD WHICH WAS MARKED "EXHIBIT A" BY THE BOARD SECRETARY. IT WAS CLARIFIED THAT A CITY OCCUPATIONAL LICENSE WAS NOT NEEDED SINCE MR. FEY'S BUSINESS WAS NOT LOCATED IN SEBASTIAN. CHAIRMAN CAPP ASKED IF DAN BROGNANO, AMERON HOMES, HAD ASKED TO SEE HIS LICENSE. MR. FEY SAID HE SHOWED HIM 'A COPY OF'HIS COUNTY OCCUPATIONAL LICENSE. ~ OF ~ MOTION BY MR. MILLER, SECONDED BY VICE CHAIRMAN NEUBE~GEK FOR DISCUSSION THAT WE FIND MR. RICHARD FEY GUILTY OF 26-~71(a), UNLICENSED CONTRACTOR, 26-172(1), WILLFUL DISREGARD OF. THE BUILDING CODES. VICE CHAIRMAN NEUBERGER ASKED IF A PERMIT WAS NEEDED FOR LANDCLEARING. CHAIRMAN CAPP EXPLAINED THAT THE CONTRACTOR WOULD APPLY"FOR' THE PERMIT LISTING WHO WOULD BE DOING THE LANDCLEARING. VICE CHAIRMAN NEUBERGER ASKED HOW THE PERMIT COULD BE ISSUED IF THE LANDCLEARING CONTRACTOR WAS NOT LICENSED. THE BOARD SECRETARY ASKED FOR A RECESS SO THAT SHE COULD GO ' TO THE BUILDING DEPARTMENT TO PULL THE PROPERTY FILES'FOR 1356 SCROLL STREET AND 102 BOB CIRCLE. RECESS WAS TAKEN AT 7:55 P.M. MEETING REOPENED AT 8:05 P.M. WITH ALL PRESENT. PAGE 3 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 3/12/94 VIOLATION HEARING ¢ont RICHARD FEY/1356 SCROLL STREET cont IN CHECKING THE PROPERTY FILES CHAIRMAN CAPP NOTED THAT THE PERMIT FOR 1356 SCROLL STREET, JG TRUCKING WAS LISTED TO:~DO THE LANDCLEARING. MR.. FEY SAID THAT HE ACTUALLY FINISHED CLEARING THE LOT.. IT WAS ALSO NOTED THAT HE ONLY HAD A VERBAL CONTRACT WITH'DAN BROGNANO, AMERON HOMES. CHAIRMAN CAPP READ A LETTER DATED 3/1/94 FROM JG TRUCKING. ROLL CALL: AYE: MR. TRUMAN SMITH, VICE CHAIRMAN NEUBERDER, MR. JERRY SMITH, MR. MILLER, CHAIRMAN CAPP, NAY: NONE MOTION CARRIED. MOTION BY MR. MILLER, SECONDED BY MR. TRUMAN SMITH THAT WE CHARGE RICHARD FEY ON 26-I?1(a), UNLICENSED CONTRACTOR, $200.00 AND 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES, $200.00. ROLL .CALL: AYE: MR. TRUMAN SMITH, ViCE CHAIRMAN NEUBERGER, MR. JERRY SMITH, MR. 'MILLER, CHAIRMAN CAPP. NAY: NONE MOTION CARRIED. RICHARD FEY/L.I. TREE SERVICE 102 BOB CIRCLE MRS'. SMITH GAVE A RUN DOWN OF THE CASE. CHAIRMAN CAPP NOTED THAT IN THE PROPERTY FILE FOR THIS LOCATION THAT BIG EYES LANDCLEARING W'AS POSTED AS DOING TH~ JOB. FINDING~ OF ~ MOTION BY MR. MILLER, SECONDED BY VICE CHAIRMAN NEUBERGER~ THAT WE FIND L.I. TREE SERVICE, RICHARD FEY, GUILTY OF 171(a), UNLICENSED CONTRACTOR, 26-!72(1), WILLFUL DISREGARD OF THE BUILDING CODES, 103.5, STANDARD BUILDING CODE. PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - '4/12/94 VIOLATION HEARING cont RICHARD FEY/102 BOB CIRCLE ROLL CALL: AYE: MR, T. SMITH, VICE CHAIRMAN NEUBERGER, MR. J. SMITH, MR. MI'LLER, CHAIRMAN CAPP. NAY': NONE MOTION CARRIED. MOTION BY MR. MILLER, SECONDED BY VICE CHAIRMAN NEUBE~G~R THAT' WE FINE L.I. TREE SERVICE, RICHARD FEY, 26-171(a):~ UNLICENSED CONTRACTOR, $200.00, 26-172(I.), WILLFUL DISRBDARD OF THE BUILDING CODES, $200.00. ROLL CALL: AYE: MR. T. SMITH, MR. J. SMITH, MR. MILLER, CHAIRMAN CAPP. ~ NAY: VICE CHAIRMAN NEUBERGER MOTION CARRIED. CHAIRMAN CAPP TOLD MR. FEY THAT THE Fi. NES SHOULD BE PAID BEFORE GETTING LICENSED IN THE CITY OF SEBASTIAN. JAMES BROGNANO/AMERON HOMES 1356 SCROLL ST. '"", MRS. SMITH ALREADY GAVE A RUNDOWN OF THE CASE. (L.I. TREE SERVICE) CHAIRMAN CAPP ASKED IF THEY HAD BEEN SERVED DUE NOTICE. THE',. BOARD SECRETARY SAID THE GREEN CERTIFIED'CARD WAS IN THEIR FOLDER AND. THAT IT HAD BEEN SIGNED FOR ON 3/21/94. MOTION BY VICE CHAIRMAN NEUBERGER, THAT DUE TO THE FACT THAT IT IS LISTED IN THE NOTICE OF VIOLATI'ON THE CHARGE OF 'WILLFUL DISREGARD, SHOULD ALSO BE SHOWN ON THE STATEMENT SHEET. IT WAS JUST A TYPO. MRs. MILLER SECONDED THE MOTION: NOTING.~T~AT IT IS 26-172(1). MOTION CARRIED. FIND.INGS OF. FACT VICE CHAIRMAN NEUBERGER NOTED THAT DUE TO THE FACT THA~ NO ONE WAS PRESENT TO REPRESENT THE CORPORATION, THE CASE BE BASED ON MR. FEY'S CASE AT THE SAME. LOCATION. PAGE 5 SEBASTIAN CONSTRUCTIO BOARD - REGULAR MEETING - 4/12/94. VIOLATION HEARINGS cont JAMES BROGNANO, AMERON HOMES/135'6 SCROLL ST. MOTION BY VICE CHAIRMAN NEUBERGER, SECONDED BY MR. MILLER THE WE FIND AMERON HOMES, INC. GUILTY OF 26-171(b), USE OF AN UNLICENSED CONTRACTOR, 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES, 26-172(2), AIDING & ABETTING. ROLL CALL: AYE: iT. SMITH, VICE' CHAIRMAN NEUBERGER, MR. J. SMITH, MR. MILLER, CHAIRMAN CAPP. NAY: NONE MOTION CARRIED. MOTION BY MR. MILLER, SECONDED BY MR. T. SMITH THAT WE FIN~ AMERON HOMES, INC. ON 26-171(b), USE OF AN UNLICENSED CONTRACTOR, $200.00, 26-172(2), AIDING & ABETTING, $200.0~, 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES, $200.00. ROLL CALL: AYE: MR. T. SMITH, VICECHAIRMAN NEUBERGER, MR.· MILLER. NAY: MR. J. SMITH, CHAIRMAN CAPP. MOTION CARRIED. JOHN LLOYD/ANDERSON/LLOYD 102 BOB CIRCLE CHAIRMAN'CAPP NOTED THAT IT WAS THE SAME CASE A'S RICHARD...FEY, 102 BOB Ci. RCLE. THERE WAS NO ONE PRESENT TO REPRESENT JOHN LLOYD OR ANDERSON/LLOYD CONSTRUCTION. F~.I. ND I NO~ OF .FACT MOTION BY MR. T. SMITH, SECONDED BY VICE CHAIRMAN NEUBERGER THAT WE FIND JOHN LLOYD, ANDERSON/LLDYD, GUILTY OF 26-171(B), USE OF AN UNLICENSED CONTRACTOR, 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES, 26-172(2)', AIDING & ABETTING. ROLL CALL: AYE: MR. T. SMITH, ViCE CHAIRMAN NEUBERGEK., MR. J. SMITH, MR. MILLER, CHAIRMAN CAPP, NAY: NONE MOTION CARRIED. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 4/12/94 VIOLATION HEARINGcont JOHN LLOYD/ANDERSON/LLOYD/102 BOB CIRCLE MOTION BY VICE CHAI.RMAN NEUBERGER, SECONDED BY MR. MIL~ER; . THAT WE FINE ANDERSON/LLOYD BUILDING 26-171(B), $200.00 FaR USE OF AN UNLICENSED CONTRACTOR, 26-172(1), $200.00 FOR WILLFUL'DISREGARD OF THE BUILDING CODES, 26-172(2), $200.00 FOR AIDING AND ABETTING. ROLL CALL: AYE: MR. T. SMITH, VICE CHAIRMAN NEUBERGER, ' MR. MILLER. ~ NAY: MR. J. SMITH, CHAIRMAN CAPP. MOTION CARRIED. B__~ FFI~ MAT~ERS: NONE BOARD MATTERS: DISCUSSION: BOARD APPOINTMENTS THERE WAS A MEMO IN THE BOARD PACKETS REQUESTING THE BOARD RESCIND MOTIONS THAT WERE MADE AT THE MARCH 8TH MEETING CHANGING THE POSITIONS OF CHAIRMAN CAPP AND WAYNE TOZZOLO. ONLY CITY COUNCIL CAN APPOINT BOARD MEMBERS .TO SPECIFIC POSITIONS. ALSO, BY CHANGING POSITIONS, IT WOULD ALSO EFFECT THE EXPIRATION DATE OF THE MEMBER BEING APPOINTED TO THAT POSITION. MOTION BY MR. J. SMITH, SECONDED BY VICE CHAIRMAN NEUBER~ER TO RESCIND THE MOTIONS MADE AT THE REGULAR MEETI'NG OF 3/8/94, MOTIONS ARE: 1) A MOTION WAS MADE BY MR. T. SMITH, SECONDED BY MR. J. SMITH TO APPOINT MR. MICKEY CAPP TO THE GENERAL CONTRACTOR POSITION, MOTION WAS CARRIED UNANIMOUSLY; ~:') A MOTION WAS MADE BY MR. NEUBERGER, SECONDED BY MR. J. S~ITH THAT MR. WAYNE TOZZOLO FILL THE REGULAR MEMBER VACANCY, MOTION CARRIED UNANIMOUSLY. MO'TION CARRIED. SCORES WERE REGISTERED IN THE SCORE BOOK BY MR. J. SMITH AND MR. MILLER. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED .AT 9:15 P.M. ~ SEBASTIAN CONSTRUCTION BOARD MINUTES OF MEETING HELD APPROVED AT MEETING HELD M~C~EY CAPP, CI~'~RMAN K. NAPPi,'B6ARD SECRETARY