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HomeMy WebLinkAbout05141991SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MAY ~ 1991 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 4/9/91 OLD BUSINESS: WHITE, JOHN F./CABINET INSTALLATION - CREDIT REPORT NEW BUSINESS: BLOCK EXAM - GAINESVILLE CAMPBELL, TIMOTHY R./ROOFING UNLIMITED SIMON, DOUGLAS A./IRRigATION SPRINKLER CHANGE OF STATUS FINNEGAN III, JOHN P./CARPENTRY - INDIVIDUAL TO CORP. MACDONALD,JOHN J./MARINE CONSTRUCTION - CORP. TO CORP. BIRELEY, WM. C./PLUMBING - QUALIFY SECOND CORP. LETTER OF RECIPROCITY WILKENS, ELMORE T./STUCCO/PLASTERING ANGELiDIS,IGNATIOS/HARV A# DEATON, VIRGINIA/PAINTING VIOLATION HEARING F.V. CASANO ELECTRIC - 412 INDIAN RIVER DR. LOTS 1 & 2, BLOCK 12, EDGEWATER SUBDIVISION METRO-MECHANICAL - 242 ZANE AVE. LOT 24, BLOCK 500, UNIT 15, S/H OLE TIME QUALITY - 10S INDIAN AVE. LOT 14, BLOCK 557, UNIT 17, 717 CARNATION DR. LOT 4, BLOCK 184, UNIT 6, S/H 232 CEDAR STREET LOT 15, BLOCK 2, UNIT l, S/H City of Sebastian POST OFFICE BOX 780127 [] 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 CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, MAY 14, 1991 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI, '$~-CRETARY SEBASTIAN CONSTRUCTION BOARD NOTEz 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. SEBASTIAN C~NSTRUCTION BOAR.._ D MINUTES OF MEETING HELD_ SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING MAY 14r 1991 ~ 7=30 P.M. MELTING WAS CALLED TO ORDER BY CHAIRMAN CAREY ~T 7:30 P.M. ROLL CALL'~ PRESENT= HR. KELLEY MR. NEUBERGER MR. CAPP VICE CHAIRMAN LAMAN MR. DERNBACH MR. HANEY CHAIRMAN CAREY ABSENTs NONE ALSO PRESENT= MR. COOPER, BUILDING OFFICIAL& GEORGE BONACCI, CHIEF BUILDING INSPECTOR; ROBERT NICHOLSON, CODE~ENFORCEMENT OFFICER. A RECESS WAS TAKEN AT 7=32 P.M. TO ALLOW THE BOARD TO- FINISH REVIEWING THE APPLICANTS FILES. MEETING REOPENED AT 8=02 P.M. WITH ALL PRESENT. APPROVAL OF MiNUTES~ MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER TO ACCEPT THE MINUTES OF 4/9/91 MEETING AS COPIED. MOTION CARRIED. NEW BUSINESS~ BLOCK EXAM- GAINESVILLE CAMPBELL, TIMOTHY R./ROOFING UNLIMITED SIMON, DOUGLAS A./IRRIGATION SPRINKLER MOTION BY VICE CHAIRMAN LAMAN, .SECONDED BY MR. CAPP TO SPONSOR MR. CAMPBELL FOR THE GAINESVILLE BLOCK EXAM, MOTION CARRIED. MR. COOPER TOLD THE BOARD THAT IN REGARDS TO DOUGLAS SIMON, THAT SINCE THIS WAS BROUGHT UNDER AN ENFORCEMENT CASE, HE FELT THE BOARD WOULD WANT TO HEAR THE VIOLATION CASE PRIOR TO AUTHORIZING ANY ACTION BEFORE THIS BOARD. FAILURE FOR PROPER NOTICE BEING GIVEN FOR A VIOLATION .HEARING, MR. COOPER ASKED MR. SIMONS IF HE WAS WILLING TO WAIVE THE NOTICE REQUIREMENT AND PROCEED WITH THE HEARING. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - ~/14/9! IF SO, THE HEARING AND APPROVAL TO TAKE THE BLOCK EXAM CAN BE TAKEN AT THE SAME TIME. MR. SIMON SAID HE WOULD WAIVE THE NOTICE OF HEARING. IN REGARDS TO MR. BIRELEY, PLUMBING CONTRACTOR, MR. COOPER EXPLAINED THAT SINCE THE CITY WAS INVOLVED WITH THIS SITUATION, THAT HE IS AN EMPLOYEE OF JORDAN IRRIGATION BUT NOT ACTUALLY INVOLVED IN THE VIOLATION, THAT THIS CASE WOULD BE DISCUSSED ALSO. MR. IGNATIOS ANGELIDIS REQUEST TO BE LICENSED THROUGH LETTER OF RECIPROCITY WOULD ALSO BE DISCUSSED ALONG 'WITH HIS VIOLATION OF HEARING. CHANGE OF STATUS FINNEGAN III, JOHN P./CARPENTRY - INDIVIDUAL TO CORP. MACDONALD, JOHN J./MARINE CONSTRUCTION - CORP. TO CORP. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY HR. HANEY"THAT ACCEPT MR.FINNEGAN'S CHANGE OF STATUS. MOTION CARRIED. MOTION BY MR. CAPP, SECONDED BY.MR. NEUBERGER ACCEPT MR. MACDONALD'S CHANGE OF STATUS. MOTION CARRIED. LETTER OF RECIPROCITY WILKENS, ELMORE T./STUCCO/PLASTERING DEATON, VIRGINIA/PAINTING MOTION BY MR.. HANEY, SECONDED BY MR. NEUBERGER FOR. DISCUSSION TO ACCEPT MR. WILKEN'S APPLICATIONS FOR LETTER OF RECIPROCITY. MR. NEUBERGER NOTED THAT MR. WILKEN'S CREDIT REPORT SHOWED PROBLEMS AS RECENT AS 1991. HR. WILKENS SPOKE TO THE BOARD. A DISCUSSION FOLLOWED. MR. NEUBERGER WITHDREW HIS' SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. NEUBERGER, SECONDED BY MR. CAPP TO TABLE MR. WILKEN'S APPLICATION UNTIL NEXT MONTH WHEN HE CAN COME UP WITH THE QUESTIONED PAPERS OR RESUBMIT. MOTION CARRIED. SEBASTIAN CONSTRUCTION BOARD - 3/14/91 CHAIRMAN CAREY TOLD MR. WlLKENS THAT IF HE WANTED TO QOALIFY "DO ALL" HE WOULD NEED A FICTITIOUS NAME REPORT AND THAT THE CREDIT REPORT BE SUBMITTED BY THE OWNER. MOTION BY MR. NEUBgRGER, SECONDED. BY MR. HANEY TO ACCEPT THE LETTER OF RECIPROCITY OF VIRGINIA DEATON. MOTION CARRIED. OLD BUSINESS~ WHITE, JOHN F./CABINET INSTALLATION - CREDIT REPORT' THE BOARD SECRETARY EXPLAINED THAT THIS WAS TABLED FROM THE APRIL MEETING DUE TO QUESTIONS CONCERNING THE CREDIT REPORT. MR. WHITE TOLD THE BOARD THAT HE HAD COME TO FLORIDA IN NOVEMBER, ~990. SINCE HE HAD NOT BEEN ABLE TO WORK, THERE WAS NO MONEY COMING IN TO. PAY THE BILLS. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. CAPP TO ACCEPT MR. WHITE'S APPLICATION. MOTION CARRIED. VIOLATION HEARINGS~ BIRELEY, WM. C./PLUMBING - QUALIFY SECOND CORP JORDAN IRRIGATION MR. NEUBERGER NOTED THAT THE QUESTION WAS IN REGARDS CODE OF ORDINANCES, SEC. ?-94(C) IN THAT WHEN QUALIFYING A SECOND CORPORATION YOU MUST BE AN OWNER OR A PRINCIPAL BTOCK HOLDER. HE ASKED THAT THE RECORD SHOW THAT HE WAS NEITHER 'FOR THE COMPANY HE IS TRYING TO QUALIFY. MR. COOPER ASKED MR. BIRELEY IF HIS FIRST LICENSE WAS AS AN INDIVIDUAL OR CORPORATION. MR. BiRELEY SAID IT WAS A CORPORATION, THAT HE OWNED RELIABLE PLUMBING THAT H.E WAS A PRINCIPAL STOCK HOLDER. MR. COOPER FELT THE WORD "SUBSEQUENT' IN THE ORDINANCE CAUSED' A PROBLEM AND SAID HE WOULD CHECK WITH THE CITY ATTORNEY. MR. BIRELEY TOLD THE BOARD THAT HE WOULD QUALIFY JORDAN IRRIGATION ONLY IN THE CITY OF SEBASTIAN SINCE THEY HAD A JOB TO DO AT THE BA~LFIELD. PAGE 4 SEBASTIAN CONSTRUCTION BOARD MR. COOPER EXPLAINED THAT JORDAN IRRIGATION HAD BEEN HIRED BY THE CITY PREVIOUSLY, PUBLIC WORKS. JORDAN HAD DONE SOME WORK ON SCHUMANN FIELD AND HIS LICENSE WAS QUESTIONED, WHICH HE DID NOT HAVE. MR. THOMAS FROM PUBLIC WORKS ADVISED MR. JORDAN TO MAKE SURE HE HAD HIS LICENSE UP TO DATE, HE CONSTRUED THAT THAT NAS THE STATES' REQUIREMENT FOR REGISTRATION. HE FILED THE FORM FOR STATE REGISTRATION WITH THE COUNTY, WHICH HE THOUGHT WAS NEEDED TO WORK IN THE CITY. MOTION BY MR. HANEY, SECONDED BY MR. KELLEY TO TABLE THIS BUSINESS UNTIL WE HAVE A CLARIFICATION FROM THE CITY ATTORNEY CONCERNING THIS ORDINANCE. IT WAS NOTED THAT IF MR. BIRELEY WAS NOT APPROVED DURING THE MEETING THAT JORDAN IRRIGATION WOULD NOT BE ABLE TO DO THE WORK FOR THE CITY AND ANOTHER FIRM WOULD BE GIVEN THE JOB. MR. KELLEY WITHDREW HIS SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. HANEY, SECONDED BY MR. KELLEY THAT WE ACCEPT MR. BiRELEY TO QUALIFY A SECOND CORPORATION PENDINa THE ATTORNEY'S ADVISEMENT WHETHER THERE COULD BE LEGAL RAMIFICATIONS PURSUANT TO SEC. 7-94(C). MOTION CARRIED. LET THE RECORD SHOW THAT MR, DERNBACH VOTED NAY. METRO-MECHANICAL - 242 ZANE AVE. LOT 24, BLOCK 600, UNIT 15, S/H CHAIRMAN CAREY SWORE IN IGNATiOS ANGELIDIS. MR. DERNBACH ASKED IF MR. HAMILTON IS AN EMPLOYE.E. MR. ANGELIDIS STATED THAT HE NAS AND THAT HE NAS PAID BY THE JOB. IT WAS NOTED THAT MR. HAMILTON WAS REQUESTED TO ATTEND THE MEETING. MR. HAMILTON NAS NOT IN ATTENDANCE. MOTION BY MR. NEUBERGER, SECONDED BY MR. DERNBACH THAT NE TABLE THIS PROCEDURE UNTIL NE GET MR. HAMILTON TO TELL HIS SIDE OF THE STORY. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - 5114191 MR. COOPER NOTED THAT MR. HAMILTON WAS NOTIFIED TO BE HERE BUT NOT UNDER THE PRETENSE OF BEING IN VIOLATION. BASED ON WHAT MR. ANGELIDIS TOLD THE BOARD A LETTER OF VIOLATION UNDER THE SAME SECTION WOULD BE SENT TO HIM. MOTION CARRIED. MR. COOPER ASKED HR. ANGELIDIS IF HE HAD ANY PROBLEM ATTENDING THE JUNE MEETING WITHOUT DUE NOTICE TO CONTINOE THE CASE. MR. AN~ELIDIS SAID HE DiD NOT BUT THAT HE DID NOT UND]~RSTAND WHY HE HAD TO COME BACK. MR. COOPER STATED THAT THE BOARD WANTED TO KNOW WHY AN UNLICENSED CONTRACTOR WAS HIRED. MR. COOPER SAID ANOTHER NOTICE WOULD BE SERVED. COPIES OF ANY INFORMATION REGARDING MR. HAMILTON BE GIVEN TO THE BOARD SECRETARY PRIOR TO A WEEK BEFORE THE MEETING. MOTION BY HR NEUBERGER, SECONDED BY MR DERNBACH THAT WE TABLE MR ANGELIDIS LETTER OF RECIPROCITY REQUEST PENDING THE OUTCOME OF THE VIOLATION HEARING. MOTION CARRIED. Si.NON, DOUGLAS A./IRRIGATION SPRINKLER CHAIRMAN CAREY SWORE IN GORDON SIMON AND DOUGLAS SIMON. DOUGLAS SIMON TOLD THE BOARD THAT THEY HAD CHECKED WITH INDIAN RIVER COUNTY IN REGARDS TO LICENSING AND THEN THEY CHECKED WITH SEBASTIAN. BOTH AREAS TOLD THEM THAT SI, N~.~ THEY WERE HIRED FROM BREVARD COUNTY, LICENSES WERE NOT NEEDED. iT WAS DETERMINED THAT THEY WERE TALKING ABOUT THE OCCUPATIONAL LICENSE. BILL BARBER FROM PRUDENTIAL WAS THE ONE WHO HIRED THE SIMONS. MOTION BY MR. CAPP, SECONDED BY MR. NEUBERGER THAT ~,WE FIND MR.. SIMON GUILTY OF VIOLATION OF CITY OF SEBASTIAN CO'D~ SEC. 7-99. · MOTION CARRIED. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - 5/14/91 MOTION BY MR. CAPP, SECONDED BY MR. HANEY THAT NO ACTION BE TAKEN AT THIS TIME. MR. DERNBACH FELT A PINE WOULD BE IN ORDER SINCE AT THE APRIL MEETING A SIMILAR CASE WAS FOUND GUILTY AND GIVEN A PINE. ROLL CALLz AYEs MR. CAPP VICE CHAIRMAN LAMAN MR. HANEY CHAIRMAN CARRY NAY~ MR. KELLEY MR. NEUBERGER MR. DERNBACH MOTION CARRIED. A REQUEST WAS MADE THAT BILL BARBER BE BROUGHT BEPORR ~THE BOARD AT THEIR JUNE MEETING. MOTION BY MR. HANEY, SECONDED BY VICE CHAIRMAN LAMAN THAT THE SEBASTIAN BOARD SPONSOR DOUGLAS A. SIMON FOR IRRIGATION SPRINKLER BLOCK EXAMINATION AT GAINESVILLE. MOTION CARRIED. RECESS WAS TAKEN AT 9z30 P.M., REOPENED AT 9~40 P.M..~ITH ALL PRESENT. F.V. CASANO ELECTRIC - 412 INDIAN RIVER DR. LOTS 1 & 2, BLOCK 12, EDGEWATER SUBD. CHAIRMAN CARRY SWORE IN MR. CASANO. MR. COOPER GAVE THE HISTORY OF THIS CASE. IT WAS NOTED TH'AT JEFF MEADE WAS THE CONTRACTOR ON ?HR JOB AND A REQUEST WAS MADE THAT HE BE BROUGHT BEFORE THE BOARD AT THEIR JUNE MEETING IN REGARDS TO THIS CASE. MOTION BY MR. HANEY, SECONDED BY MR. CAPP WE FIND MR.. CASANO GUILTY OF ORDINANCE SEC. ?-43', 7-99(A) AND ?-91. MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY MR. CAPP THAT HIS. REPUTATION IS SURPASSED BY NONE, THINK IT WAS AN HONEST MISTAKE AND NO FURTHER ACTION IS CALLED FOR. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - 5/14/91 MR. DERNBACH FELT THE BOARD NEEDED TO GET SERIOUS AND START TAKING ACTION AGAINST SUBS WITH VIOLATIONS. HE FELT THE BOARD WAS BEING I SOFT TOOCH. ROLL CALLs AYES: MR. KELLEY MR. CAPP MR. NEUBERGER VICE CHAIRMAN LAMAN CHAIRMAN CAREY NAYS~ MR. DERNBACH MR. HANEY MOTION CARRIED. OLE TIME QUALITY - 108 INDIAN AVE. LOT 14, BLOCK 557, UNIT 17, S/H 717 CARNATION DR. LOT 4, BLOCK 184, UNIT 6, S/H 232 CEDAR STREET LOT 15, BLOCK 2, UNIT 1, S/H EVEN THOUGH THERE WERE NO REPRESENTATIVES FROM OLE .TIME QUALITY THE BOARD CHOSE TO PROCEED WITH THE HEARING. THE BOARD SECRETARY TOLD THE BOARD THAT MR. HAZLETT AND MR. SOWA WERE SERVED THE VIOLATION OP HEARING NOTICES BY MR. NICHOLSON. MR. NICHOLSON EXPLAINED THE CASES TO THE BOARD. A FOURTH CASE, IRRIGATION, WAS EXPLAINED BY MR. BONACCI. NOTION BY MR. CAPP, SECONDED BY VICE CHAIRMAN LAMAN TO FIND ALAN HA~LETT AND LENNY SOWA OF OLE TIME QUALITY IN VIOLATION OF SEBASTIAN CODE OF ORDINANCE, SEC. ?-99(A), NO LICE[tSE AT 108 INDIAN AVE., SEBASTIAN, LOT 14, BLOCK 557, UNIT 17. MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH TO FINE ALAN HAZLETT AND LENNY SOWA MAXIMUM AMOUNT OF $500.00 ON-TH.IS VIOLATION ON 108 INDIAN AVE., SEBASTIAN, LOT 14, BLOCK 557, UNIT 17. NOTION CARRIED. SEBASTIAN CONSTRUCTION BOARD - 6114191 MOTION BY MR..HANEY, SECONDED BY VICE CHAIRMAN LAM.AN FIND ALAN HAZLETT AND LENNY SOW'A, OLE TIME QUALITY IN VIOLATION OF SEC. 7-99(A), NO LICENSE AND 7-20, NO PERMIT, VIOLATION IS. 232 CEDAR STREET, SEBASTIAN, FLORIDA, LOT 16, BLOCK 2, UNIT MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH FINE ALAN HAZLETT AND LENNY SOWA, OLE TIME QUALITY $500.00 PER OPFKNSE FOR VIOLATION OF SEC. ?-99(A) AND SEC 7-20, VIOLATION AT 232 CEDAR STREET, SEBASTIAN, FLORIDA, LOT 16, BLOCK 2, UNIT 1' MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. CAPP FIND ALAN HASLETT AND LENNY SOWA. OF OLE TIME QUALITY ~UILTY OF VIOLATION OF SEC. 7-99(A), NO LICENSE, VIOLATION OCCURRED AT 717 CARNATION DR., ~EBASTIAN, FLORIDA, LOT 4, BLOCK 18'4, UNIT 6. MOTION CARRIED. MOTION BY MR. CAPP, SECONDED BY MR. NEUBER~ER FINE ALAN HAZLETT AND LENNY SOWA, OLE TIME QUALITY IN VIOLATION OF SEC. 7-99(A), NOT LICENSED AS AN ALUMINUM CONTRACTOR, WORK THEY PERFORMED WAS AT 717 CARNATION DR., SEBASTIAN, FLORIDA, 'LOT 4, BLOCK 184, UNIT 6, THEY SHOULD BE FINED THE MAXIMUM PENALTY OF $600.00. MOTION CARRIED. MOTION'BY MR. NEUBER~ER, SECONDED BY MR. HANEY THAT THE CITY ATTORNEY ENTERTAIN A CEASE AND DESIST ORDER AND THE LEGAL ASPECTS OF IT A~AINST LENNY SOWA AND ALAN HAZLETT, THE OWNERS OF OLE TIME QUALITY. MOTION CARRIED. THE BOARD SECRETARY WAS REQUESTED TO SEND COPIES UP THE BOARD FINDINGS TO 8REVARD COUNTY, INDIAN RIVER COUNTY, LOCAL CITIES, POLICE cHIEF. APPROVAL FOR CHAIRMAN CAREY TO ATTEND SEMINAR IN FT. PIERCE. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. HANEY TO SPONSOR OUR DISTINGUISHED CHAIRM~N TO THE SEMINAR IN BEAUTIFUL DOWNTOWN FT. PIERCE. MOTION CARRIED. PAGE 9, SEBASTIAN CONSTRUCTION BOARD - 5/14/91 BUILDING OFFICIAL MATTERS~ THE BOILDING OFFICIAL MADE A REQUEST THAT THE BOARD SECRETARY PROVIDE THE AGENDA THE FRIDAY BEFORE THE MEETING AND mY CODE ENFORCEMENT CASES. MR. COOPER DISCUSSED THE SPECIAL CONSTRUCTION BOARD HEETING TO BE HELD MAY 29, 1991 AT 2=00 P.M. AND ASKED FOR A FORMAL MOTION IN REGARDS TO THE MEETING. MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN LAMAN THE WE CALL A SPECIAL CONSTRUCTION BOARD MEETING FOR WEDNESDAY, . 2~00 P.M., MAY 29, 1991. MOTION CARRIED. THE BOARD SECRETARY WAS REQUESTED TO WRITE A LETTER TO THE COUNTY TAX OFFICE THAT WHEN THEY ARE ASKED QUESTIONS ABOUT OCCUPATIONAL LICENSES, THEY SHOULD ASK IF THEY ARE TALKING ABOUT A COMP CARD. MR. COOPER ASKED THE BOARD WHAT THEY WANTED TO DO A~OUT ?- 94(C) - CONCERNING CORPORATIONS., HR. NEUBERGER FELT IT SHOULD BE WORKED OVER. FOLLOWING A BRIEF DISCUSSION THE BOARD FELT THEY WANTED MORE TEETH IN THE EXISTING ORDINANCE. THE BOARD SECRETARY WAS TO GET THE INFORMATION FROM THE STATE AS TO WHAT THEY R~QUIRED AND BRING IT BEFORE THE BOARD MR. DERNBACH AND MR. HANEY REGISTERED SCORES IN THE SCORE BOOK. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT~.lO~53