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HomeMy WebLinkAbout05121992SEBASTIAN CONSTRUCTION BOARD MINUTES OF MEETING HELD___~__//_,.Zn~_~_~__, .... ~o~ ~ .~.~ ~_~J_~~ DE~BAC~, VICE CHAIRMAN SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MAY 12, 1992 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN LAMAN AT 7:30 P.M. ROLL CALL: PRESENT: MR. MOSBY MR. NEUBERGER MR. CAPP MR. HANEY VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN ABSENT: MR. KELLEY, EXCUSED ALSO PRESENT: MR. COOPER, BUILDING OFFICIAL; CODE ENFORCEMENT OFFICER. MR. NICHOLSON, APPROVAL OF MINUTES: MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. HANEY TO APPROVE THE MINUTES OF MEETING HELD 4/14/92 AS WRITTEN. MOTION CARRIED. NE~W BUSINESS: BLOCK EXAM STALLER, MICHAEL R./ROOFING LTD. BOYETTE, JERRY D./CARPENTRY BRANIGAN, JOHN R./FINISH CARPENTRY BRANIGAN, JOHN R./PAINTING STROM, JERROLD H./PAINTIN~ GEHM, LAWRENCE P./PAINTING HUY, JOHN K./UNDERGROUND' UTILITIES MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. MOSBY TO ACCEPT MR. STALLER, MR. BOYETTE, MR. BRANIGAN, MR. BRANIGAN'S SECOND APPLICATION, MR. STROM, MR. GEHM, AND MR. HUY'S APPLICATION FOR THE BLOCK EXAM.. MOTION CARRIED. BLOCK EXAM - GAINESVILLE HERNDON, WALTER T./IRRIGATION JULIN, JASON M./TILE & MARBLE MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH THE SEBASTIAN CONSTRUCTION BOARD SPONSOR MR. WALTER HERNDON AND MR. JASON JULIN FOR THE BLOCK EXAM IN GAINESVILLE. MOTION CARRIED. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING S/~2/92 NEW BUSINESS cont LETTER OF RECIPROCITY BELLOMY, RICHARD F./PAINTING MOTION BY MR. HANEY, SECONDED BY MR. CAPP TO ACCEPT MR. BELLOMY. MOTION CARRIED. CHANGE OF STATUS CORPORATION TO INDIVIDUAL GEHRKE, GARY/CARPENTRY MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. NEUBERGER THAT WE ACCEPT MR. GEHRKE'S CHANGE OF STATUS APPLICATION. MOTION CARRIED. VIOLATION HEARINGS CHAIRMAN LAMAN NOTED THAT THERE WAS A VIOLATION FOR A.C. DRYWALL, DEBBIE BISHOP, QUALIFIER., THAT WAS NOT ON THE AGENDA. SINCE THEY WERE PRESENT AT THE MEETING HE REQUESTED THA~.THE CASE BE ADDED TO THE AGENDA. MOTION .BY VICE CHAIRMAN DERNBACH, SECONDED BY MR...NEUBERGER TO ADD THE VIOLATION AGAINST A.C. DRYWALL AND SPRAY TO OUR AGENDA TONIGHT. ROLL CALL: AYE: MR. MOsBy MR. NEUBERGER MR. CAPP MR. HANEY VI.CE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. DOUGLAS FLOOD, JR./S16 INDIAN RIVER DR. IT WAS NOTED THAT MR. FLOOD WAS NOT .PRESENT AT THE MEETING. MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY THAT IN THE EVENT THERE IS A PROBLEM KEEPING,.HIM THAT WE WITHHOLD ~HIS UNTIL THE END TO GIVE HIM A LITTLE. MORE TIME TO APPEAR. MOTION CARRIED. PAGE 3 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 5/12/92 VIOLATION OF HEARINGS cont LUKE PERINCEK/LUKE'S PAINTING/ilO! FELLSMERE RD., SEBASTIAN LAKES CHAIRMAN LAMAN SWORE IN MR. PERINCEK. MR. NICHOLSON GAVE A RUNDOWN OF THE CASE. MR. PERINCEK STATED THAT HE WAS LICENSED IN BREVARD COUNTY BUT NOT IN SEBASTIAN. HE ALSO TOLD THE BOARD THAT ACCORDING TO HIS LAWYER, HE COULD WORK ANYWHERE IN THE STATE OF FLORIDA WITH THE CURRENT LICENSE THAT HE HOLDS IN BR~V~RD COUNTY. IT WAS ALSO NOTED THAT HE HOLDS AN OCCUPATIONAL LICENCE IN BREVARD COUNTY. CHAIRMAN LAMAN ASKED IF RUSS THI'STLE AND KEVIN WARR~S WERE EMPLOYED BY HIM. MR. PERINCEK SAID THAT RUSS THISTLE HAS HIS OWN BUSINESS AND THAT HE WAS JUST'HELPING OUT AT THE MOMENT AND THAT HE DID NO~ ~NOW ~EVIN WARRAB, MR. PERINCEK SAID THAT HE DID NOT HAVE A CONTRACT WITH SEBASTIAN LAKES TO DO THE PAINTING. MR. NEUBERGER REMINDED THE BOARD ?HAT AT THEIR MEETING'iN APRIL, WHEN MR. THISTLE APPEARED BEFORE THE BOARD THA~i~'HE CLAIMED THAT THERE WAS A CONTRACT BUT THAT HE WOULD NOT SHOW IT TO THE BOARD SINCE IT BELONGED TO MR. PERINCEK AND HE DID NOT HAVE HIS PERMISSION. MR. PERINCEK STILL MAINTAINED THAT HE DID NOT HAVE A CONTRACT AND THAT MR. THISTLE DID NOT HAVE THE AUTHORITY TO SIGN HIS (PERINCEK) CONTRACT. MOTION BY MR. HANEY, SECONDED BY MR. MOSBY THAT WE TAKE NO ACTION AT THIS TiME PENDING THE SUBPOENA OF THE HOMEOWNERS ASSOCIATION FROM SEBASTIAN LAKES WITH THAT CONTRACT.' VICE CHAIRMAN DERNBACH FELT THERE WAS NO GREAT NEED TO WAIT ON THE PROPOSED CONTRACT SINCE THERE IS TESTIMONY THAT WORK WAS INITIATED WITH THE GENTLEMEN EXPECTING TO BE PAID FOR THE WORK. ACCORDING TO THE ORDINANCE, WORK DOES NOT HAVE TO.BE PERFORMED TO BE IN VIOLATION OF 7-99(A). ALL YOU HAVE TO DO IS HOLD YOURSELF OUT AS A LICENSED CONTRACTOR. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 5/12/92 VIOLATION OF HEARINGS cunt LUKE PERINCEK/LUKE'S PAINT-ING/llO! FELLSMERE RD., SEBASTIAN LAKES MOTION BY MR. CAPP, SECONDED BY MR. MOSBY TO AMEND MOTION TO ADD THAT RUSS THISTLE, KEVIN WARRAS, THE HOMEOWNERS ASSOCIATION FOR SEBASTIAN LAKES AND MR. PERINCEK BE AT THE NEXT MEETING. - MR. CAPP WITHDREW HIS MOTION ON THE AMENDMENT, MR. MOSBY WITHDREW IS SECOND. MR. HANEY WITHDREW HIS ORIGINAL MOTION, .MR MOSBY WITHDREW HIS SECOND. ' MOTION BY MR. HANEY, SECONDED BY MR. CAPP THAT AT THIS TIME WE TAKE NO ACTION AGAINST UNLICENSED PAINTING CONTRACTOR, LUKE'S .PAINTING COMPANY UNTIL THE NEXT MEETING WHEN WE GET SEBASTIAN LAKE'S HOMEOWNER'S ASSOCIATION. WITH THEIR CONTRACT, LUKE"S PAINTING, RUSS THISTLE AND KEV'IN WARRAS IN HERE AT THE SAME TIME SO THAT WE CAN SORT THIS MESS OUT. MOTION CARRIED. JOHN FINNIGAN/I.R. CARPENTRY, 'INC./BROWNING TERRACE MR. NICHOLSON GAVE A RUNDOWN OF THE CASE. CHAIRMAN LAMAN SWORE IN JOHN P. FINNIGAN III CHAIRMAN LAMAN REMINDED THE BOARD THAT RELIABLE LANDCLEARING WAS BROUGHT BEFORE THE BOARD AT THEIR APRIL MEETING IN CONNECTION WiTH THIS CASE. MR. FiNNIGAN TOLD THE BOARD THAT AT ONE TIME HE WAS THE QUALIFIER FOR AETNA ENTERPRISES. BETWEEN FEBRUARY AND .APRIL, 1991, HE WITHDREW HIS LICENSE FROM THAT COMPANY. HE STATED THAT HE TOOK OVER THE HOUSE ON BROWNING TERRACE AFTER THE LOT WAS CLEARED BY AETNA. CHAIRMAN LAMAN NOTED THAT WHEN THE LOT WAS CLEARED MR.. FINNIGAN HAD NOTHING TO DO WITH THE JOB OR CONTRACT HIS FATHER, PAT FINNIGAN. ' IT WAS PAGE 5 EEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 5/12/92 VIOLATION HEARINGS JOHN FINNIGAN/I.R. CARPENTRY, INC. IT 'WAS NOTED THAT .PAT FINNIGAN HAD A SIGNED CONTRACT WITH THE HOME OWNER UNDER AETNA ENTERPRISES~ AT THE TIME AETNA DID NOT HAVE A QUALIFIER. THEREFORE, HE WAS ACTING AS AN UNLICENSED CONTRACTOR. IT WAS REQUESTED THAT PAT FINNIGAN BE BROUGHT BEFORE THE BOARD AT THEIR JUNE MEETING AND TO CONTACT THE OWNER FOR A COPY OF THE CONTRACT. IF NEED BE THE OWNER WILL BE SERVED A SUBPOENA. AFTER IT WAS DISCOVERED THAT AETNA DID NOT HAVE A QUALIFIER, JOHN FINNIGAN WAS ASKED TO TAKE OVER THE CONTRACT. MOTION BY MR. MOSBY, SECONDED BY MR. HANEY TO DISMISS THE VIOLATION AGAINST JOHN PATRICK FINNIGAN III. MOTION CARRIED. MR. COOPER NOTED THAT PAT FINNIGAN WAS IN VIOLATION'OF ACTING AS AN UNLICENSED CONTRACTOR AND HAVING NO PERMIT TO CLEAR THE LOT. DEBRA BISHOP/A.C. DRYWALL AND SPRAY, INC./1626 BARBER ST. CHAIRMAN LAMAN SWORE IN DEBRA BISHOP. MR. NICHOLSON GAVE A RUNDOWN OF THE CASE. MRS. BISHOP EXPLAINED THAT HER SEBASTIAN LICENSE HAD EXPIRED. AFTER SHE HAD RECEIVED HER NOTICE OF HEARING SHE CAME TO SEBASTIAN TO RENEW HER LICENSE. SHE ALSO SAID THAT HER STATE REGDSTR.ATION WAS IN THE PROCESS OF BEING RENEWED AND SHE WAS WAITIN~ FOR IT TO COME BACK. ~ FINDING OF FACT MOTION BY MR. HANEY, SECOND BY MR. CAPP THAT WE FIND A.C. DRYWALL AND SPRAY IN VIOLATION OF SEC. 7-99(A). MOTION CARRIED. MOTION BY MR. MOSBY THAT DUE TO THE CIRCUMSTANCES THAT THERE BE'.'NO FI'NE. MOTION DIED FOR LACK OF SECOND. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 5/12/92 VIOLATION HEARINGS cont DEBRA BISHOP/A.C. DRYWALL AND SPRAY, INC./1626 BARBER ST. MOTION BY MR. NEUBERGER, SECONDED BY MR. CAPP THAT WE FINE A.C. DRYWALL AND SPRAY $250.00 SUSPENDED FOR 6 MONTHS PENDING THE RENEWAL AND UPDATING OF HER LICENSE. MOTION CARRIED. CHAIRMAN LAMAN NOTED THAT MR. FLOOD AND PACE 2000 DID NOT SHOW FOR THE MEETING. SINCE THEY HAD BEEN SERVED THEIR PAPERS, THE BOARD PROCEEDED WITH THE HEARINGS. HARVEY E. KOEHNEN/PACE 2000/1673 BARBER ST. 1620 STONECROP MR. NICHOLSON GAVE A RUNDOWN OF B'OTH CASES. MR. NICHOLSON NOTED THAT IN REGARDS TO THE JOB AT 1673 BARBER STREET, AN ACKNOWLEDGMENT WAS SIGNED THAT DAVE MILLIGAN, MASONRY AND THREE OTHER SUB-CONTRACTORS WERE NOT LICENSED. ON 4/8/92, AT A HOUSE UNDER CONSTRUCTION AT 1620 STONECROP, DAVE MILLIGAN WAS AGAIN WORKING WITHOUT A LICENSE. FINDING OF FACT - 1673 BARBER STREET MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE FIND HARVEY KOEHNEN GUILTY OF VIOLATION 7-99(B), USING UNLICENSED CONTRACTOR, SEC. 7-100(2), AIDING OR ABETTING AND 7-100(1), WILLFUL OR DELIBERATE DISREGARD OF THE BUILDING CODES. MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY FINE HARVEY KOEHNEN, QUALIFIER FOR PACE 2000, $250.00, VIOLATION OF 7- 99(B), $250.00, 7-100(2) AND $250.00, 7-100(1). MOTION CARRIED. FINDING OF FACT - 1620 STONECROP MOTION BY MR. HANEY, SECONDED BY MR. CAPP THAT WE FIND MR. KOEHNEN GUILTY OF VIOLATION OF 7-99(B), 7-100(1) AND 7- 100(2). MOTION CARRIED. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 5/12/92 VIOLATION HEARINGS cont HARVEY E. KOEHNEN/PACE 2000/1673 BARBER ST. 1620 STONECROP cont MOTION BY MR. NEUBERGER, SECONDED.BY VICE CHAIRMAN DERNBACH THAT WE FiNE PACE 2000 I.N LIEU OF THE FACT THERE'S A SECOND VIOLATION 5 DAYS AFTER BEING FOUND GUILTY OF THE FI~RST ONE, $500.00, 7-99(B), $500.00, 7-100(1) AND $500.00, 7-100(2). MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DERNBACH THAT ALL PERMITS BE WITHHELD FROM PACE 2000 UNTIL THE F.~NES ARE PAID IN FULL. MOTION CARRIED. MR. COOPER NOTED THAT MR. KOEHNEN MUST BE NOTIFIED WITHIN 15 DAYS. DOUGLAS FLOOD, JR./S16 INDIAN RIVER DR. MR. COOPER GAVE A RUNDOWN ON THIS CASE. FINDING OF FACT MOTION BY MR. HANEY, SECONDED BY MR. MOSBY THAT FIND MR. DOUG FLOOD IN VIOLATION OF SEC. 7-99(A), UNLICENSED CONTRACTOR AND SEC 7-43, NO PERMIT BY THE CODE OF ORDINANCES. MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER T.HA'T. WE FINE MR. DOUG FLOOD $250.00 FOR VIOLATION OF SEC. 7-99(A), UNLICENSED CONTRACTOR AND $150.00 FOR SEC.. 7-43, NO PERMIT BY THE CODE OF'ORDINANCES. MOTION CARRIED. MR. MOSBY AND MR. NEUBERGER REGISTERED SCORES IN THE SCORE BOOK. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9:00 P.M. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MAY 12, 1992 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 4/14/92 OLD BUSINESS: NEW BUSINESS: BLOCK EXAM STALLER, MICHAEL R./ROOFING LTD. BOYETTE, JERRY D./CARPENTRY BRANIGAN, JOHN R./FINISH CARPENTRY BRANIGAN, JOHN R./PAINTING STROM, HERROLD H./PAINTING GEHM, LAWRENCE P./PAINTING HUY, JOHN K./UNDERROUND UTILITIES BLOCK EXAM - GAINESVILLE HERNDON, WALTER T./IRRIGATION JULIN, JASON M./TILE & MARBLE LETTER OF RECIPROCITY BELLOMY, RICHARD F./PAINTING CHANGE OF STATUS - CORPORATION TO INDIVIDUAL GEHRKE, GARY/CARPENTRY VIOLATION HEARINGS DOUGLAS FLOOD, JR. 516 INDIAN RIVER DR. LUKE PERINCEK/LUKE'S PAINTING CO. il01 FELLSMERE RD./SEBASTIAN LAKES JOHN FINNIGAN/I.R. CARPENTRY, INC. BROWNING TERRACE PAGE 2 5/12/92 HARVEY E. KOEHNEN/PACE 2000 1673 BARBER STREET HARVEY E. KOEHNEN/PACE 2000 1620 BARBER STREET RECORD SCORES IN SCOREBOOK ATTORNEY MATTERS: 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 POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTIONN BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, MAY [2, 1992 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPgI / gE~RETARY 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.