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HomeMy WebLinkAbout06081993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ct FAX (407) 589-5570 PUB~!C MEETING CITY O._F_F 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, JUNE 8. 1993 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. 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. PUBLCMTG.DOC SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING JUNE ~,. 1993 - 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 5/11/93 OLD BUSINESS: VIOLATION HEARING CON'T FROM MEETING OF 4/13/93 & 5/11/93 PAT WHITE/WHITE DRYWALL MELROSE LANE NEW BUSINESS: THE FOLLOWING ARE CASES CON'T FROM MEETING OF 5/11/93 BLOCK EXAMS GUESS, THOMAS J./PAINTING GEIZ III, MATTHEW T./CARPENTRY VIOLATION HEARINGS BRIAN D. KRUEGER/,RUEGER CONSTRUCTION 417 MAPLE STREET CURTIS CAUDILL/CURLEY HEATING & A/C 1018 SCHUMANN DR. BUILDING OFFICIAL MATTERS: BOARD MATTERS: LETTER OF RESIGNATION FROM VICE CHAIRMAN DERNBACH ATTORNEY MATTERS:. DISCUSSION: INSTALLATION OF METAL STUDS PAGE 2 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 SEBASTIAN CONSTRUCTION BOARD SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING JUNE 8, 1993 - 7:30 P.M. MEETING WAS CALL TO ORDER BY CHAIRMAN LAMAN AT 7:30 ROLL CALL: PRESENT: MR. T. SMITH MR. MOSBY MR. NEUBERGER MR. CAPP MRS. ENLOW MR. $. SMITH MR. HANEY CHAIRMAN LAMAN ABSENT: NONE ALSO PRESENT: MR. COOPER, BUILDING OFFICIAL, MR. BONACCI, CHIEF BUILDING INSPECTOR, MR. NICHOLSON, CODE ENFORCEMENT OFFICER, MR. TORPY, ASSISTANT CITY ATTORNEY. APPROVAL OF MINUTES MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER TO ACCEPT THE MINUTES OF 5/11/93 AS WRITTEN. CARRIED. OLD BUSINESS: VIOLATION HEARING - CONTINUANCE PAT WHITE/WHITE DRYWALL MELROSE LANE MR. NICHOLSON GAVE THE BOARD A RECAP OF THE ORIGINAL VIOLATION. PAT WHITE AND HIS ATTORNEY GREG GORE WERE PRESENT. ATTORNEY GORE NOTED THAT MR. WHITE WAS STILL UNDER OATH'AND THAT THE OATH WOULD CONTINUE. ATTORNEY GORE WENT OVER MR. WHITE'S CASE WITH THE BOARD. PAGE 2 SEBASTIAN CONSTRUCTION - REGULAR MEETING - 6/8/93 PAT WHITE cont IT WAS NOTED THAT FRED BARK ACTED AS SUPERINTENDENT FOR 'WHITE DRYWALL AND WAS ABLE TO SIGN CHECKS ALONG WITH. PAT ~CrIITE. MR. BARK ALSO OPERATED UNDER FRED BARK DRY~ALL. ' IT WAS NOTED BY MR. COOPER THAT MR. BARK WAS RUNNING WHITE DRYWALL FOR PAT WHITE AND GETTING THE JOBS THAT WERE BEING DONE. IT WAS ALSO NOTED BY PAT WHITE THAT MR. BARK WROTE HIS OWN CHECKS AS WELL AS THE CHECKS FOR THE HELP. THESE CHECKS WERE WRITTEN oN WHITE'S DRYWALL CHECKING ACCOUNT. ATTORNEY TORPY ASKED MR. WHITE IF AT THAT TIME, (MELROSE) IF H~E WAS OPERATING OUT OF PALM BAY. MR. WHITE SAID YES. HE (TORPY) THAN ASKED WHERE THE OFFICE WAS LOCATED IN PALM BAY. MR. V~IITE SAID 130 WHITE ROAD. IF WAS NOTED THAT THIS WAS THE SAME ADDRESS AS FRED BARK DRYWALL AND THAT ACCORDING TO MR. BARK'S W-4 FORM THIS WAS WHERE HE LIVED. IT WAS ALSO NOTED THAT MR. BARK ~WAS RUNNI:NG A BUSINESS UNDER PAT WHITE'S LICENSE. ATTORNEY TORPY STATED THAT THE CITY'S POSITION IS THAT THE EVIDENCE SHOWS THAT MR. WHITE, AT LEAST DURING THE MELROSE JOB,, CONFIRMED BY HIS TESTIMONY, THAT HE WAS POSSIBLY LIVING WITH MR. BARK /~ND ALSO SHOWS THAT MR. WHITE HAD THE CONTRACT HERE IN SEBASTIAN.~.AND HELD THE LICENSE FOR WHAT EVER REASONS AND HE ALLOWED MR. BARK .TO COME IN TO THEJ'OB.. THE EVIDENCE IS PRETTY CLEAR THAT''MR' WHITE OPERATED THROUGH WHITE DRYWALL IS GUILTY OF ALL THREE VIOLATIONS. FIRST OF ALL ALLOWING AN UNLICENSED CONTRACTOR TO OPERATE, NAMELY MR. BARK BECAUSE HE DID NOT HAVE A LICENSE IN SEBA'STIAN, AIDING & ABETTING BY PUTTING MR. BARK ON THE JOB AND WILLFUL' DISREGARD AND WE REQUEST THE BOARD TO FIND A VIOLATION AGAINST MR. WHITE FOR ALL THREE VIOLATIONS WITHOUT REGA~RD. A RECESS WAS CALL AT 8:20 P.M. MEETING REOPENED AT 8:28 WITH ALL PRESENT. PAGE 3 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/8/93 PAT WHITE cont FINDINGS OF FACT MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE FIND: PAT WHITE OF PAT WHITE DRYWALL GUILTY OF 26-171(B), UNLICENSED CONTRACTOR, 26-172(1), WILLFUL DISREGARD 'OF THE BUILDING CODES AND 26-172(2), AIDING & ABETTING. THE INFRACTION TOOK PLACE ON MELROSE LANE, 3'/22/93. ATTORNEY TORPY SAID THAT THE CITY WOULD REQUEST THAT. YOUR MOTION INCLUDE SPECIFIC STATEMENTS WITH REGARD TO WHO THE" UNLI.CENSED CONTRACTOR WAS, AIDING & ABETTING AND THE WILLFUL VIOLATION AND SPECIFICALLY THAT WOULD BE MR. FRED BARK. MR. HANEY AMENDED HIS MOTION, SECONDED BY MR. NEUBERGER THAT ON 26- 171(B) THE UNLICENSED CONTRACTOR IN QUESTION WAS FRED BARK, ON 26- 172(1), THE WILLFUL DISREGARD OF THE BUILDING CODES,/TH:E:.GENTLEMAN IN QUESTION WAS PAT WHITE AND FRED BARK AND THE AIDrNGi& 'ABETTING OF 26-172(2) WAS AGAIN IN REFERENCE TO FRED BARK. ROLL CALL: AYES: MR. MOSBY MR. NEUBERGER MR. CAPP MRS. ENLOW MR. $. SMITH MR. HANEY CHAIRMAN LAMAN NAY: NONE CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE FINE PAT WHITE OF PAT WHITE DRYWALL $500.00 FOR 26-171(B), UNLICENSED CONTRACTOR, $500.00 FOR 26-172(1'), WILLFUL DISREGARD.."OF THE BUILDING CODES, AND 26-172(2.), $500.00, AIDING & ABETTING AND CONSIDER THE SUSPENSION OF HIS LICENSE, CITY OF SEBASTIAN LICENSE FOR A PERIOD OF 6 MONTHS. MR. NEUBERGER DID NOT AGREE WITH THE sUSPENSION. PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/8/93 PAT WHITE cont MR. COOPER ASKED MR. WHITE IF HE HAD ANY CURRENT CONTRACTS PENDING IN THE CITY. MR. WHITE SAID NO. MR. NEUBERGER DID NOT AGREE ON THE SUSPENDED LICENSE. MEMBERS OF THE BOARD AGREED. OTHER MR. NEUBERGER WITHDREW HIS SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. HANEY THAT FINE PAT WHITE OF PAT WHITE DRYWALL FOR VIOLATION 26-171(B), UNLICENSED CONTRACTOR, FOR USING. FRED BARK, FOR VIOLATION 26-172(I), WILLFUL DISREGARD OF THE BUILDING CODES, AGAIN THE ISSUE IS FRED BARK, AND 26~172(2), AIDING ~& ABETTING, AND AGAIN THE INSTRUMENT IS FRED BARK AND THE FINE WILL BE $500',00 PER OCCURRENCE AND CEASE WORK IN THE CITY UNTIL ALL FINES ARE PAID FOR THESE VIOLATIONS AND AT THE SAME TIME PLACE PAT WHITE ON A PROBATIONARY PERIOD OF ONE YEAR. MOTION DIES FOR LACK OF SECOND. MOTION BY MR. NEUBERGER, SECONDED BY MR. T. SMITH TO FINE WHITE DRYWALL ON CHARGE 26-171(B), UNLICENSED CONTRACTOR BEING. FRED BARK, $500.00, FINE WHITE DRYWALL ON CHARGE 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES FOR'USE OF UNLICENSED CONTRACTOR BEING FRED BARK, $500.00, 26-172(2), AIDING & ABETTING, $500.00 FOR THE USE OF FRED BARK, TOTAL FINE BEING $1,500.00 TO BE PAID PRIOR TO ANY ADDITIONAL WORK IN THE CITY OF SEBASTIAN. ROLL CALL: AYES: MR. MOSBY MR. NEUBERGER MR. CAPP MRS. ENLOW MR. J. SMITH CHAIRMAN LAMAN NAY: MR. HANEY CARRIED. NEW BUSINESS: BLOCK EXAMS GUESS, THOMAS J./PAINTING GEIZ III, MATTHEW T./CARPENTRY PAGE 5 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/8/93 NEW BUSINESS cont MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER WE SPONSOR MATTHEW GEIZ, III, FOR THE BLOCK EXAM. CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY MR. J. SMITH THAT WE SPONSOR BY THE SEBASTIAN CONSTRUCTION BOARD PENDING THE ARRIVAL OF HIS PAPERWORK SHOWING HIS EXPERIENCE. CARRIED. VIOLATION HEARINGS BRIAN D. KRUEGER/KRUEGER CONSTRUCTION 417 MAPLE STREET CHAIRMAN LAMAN SWORE IN MR. KRUEGER AND MR. NICHOLSON. MR. NICHOLSON GAVE A RUN DOWN OF .THE CASE. CHAIRMAN LAMAN ASKED MR. KRUEGER IF FELT HE WAS GUILTY OR INNOCENT OR IF HE WANTED TO TALK ABOUT THE CHARGES INDIVIDUALLY. MR. KRUEGER SAID HE WANTED TO TALK ABOUT THEM INDIVIDUALLY. MR. KRUEGER SAID HE WOULD LIKE TO PLEA NOT GUILTY TO UNLICENSED CONTRACTOR AND WILLFUL DISREGARD OF THE BUILDING CODES. ,~E SAID HE WAS GUILTY OF STARTING THE JOB BEFORE OBTAINING A PERMIT~iDUE TO THE EMERGENCY SITUATION OF A LEAK. MR. KRUEGER SUBMITTED A LETTER FROM MIKE BLACK, MB ENTERPRISES, "RESPONDENT EXHIBIT A' TO THE BOARD. CHAIRMAN LAMAN READ THE LETTER TO THE BOARD. FOLLOWING A BRIEF DISCUSSION, MR. COOPER TOLD THE BOARD THAT"DUE TO THE SITUATION OF THE EMERGENCY HE DID NOT FEEL ANY REASON THAT ACTION SHOULD BE TAKEN. FINDINGS OF FACT MOTION BY MR. CAPP, SECONDED BY MR. HANEY THAT IN REGARDS TO BRIAN KRUEGER, THAT NO ACTION BE TAKEN AGAINST HIM AT THIS'TIME, THAT THERE WAS NO INTENT TO DECEIVE. CARRIED. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/8/93 VIOLATION HEARINGS cont CURTIS CAUDILL/CURLEY HEATING & A/C 1018 SCHUMANN DR. CHAIRMAN LAMAN SWORE IN MR. CAUDILL AND MR. NICHOLS'ON; MR. NICHOLSON GAVE A RUN DOWN OF THE CASE. MR. CAUDILL PLEADED TO THE VIOLATIONS. FINDINGS OF FACT MOTION BY MR. J. SMITH, SECONDED BY MR. CAPP THAT CAUD.ILL, OWNER, GUILTY OF 26-35, NO BUILDING PERMIT,:.CU~LE.Y & A/C, '26-171(A), GUILTY OF UNLICENSED CONTRACTOR, GUILTY OF 26- 172(1)., WILLFUL DISREGARD OF THE BUILDING CODES AND 10iiS, STANDARD BUILDING CODES BY HIS OWN ADMISSION OF GUILT. .CARRIED., MR. NEUBERGER VOTED NAY. MOTION BY MR. J. SMITH, SECONDED BY MR. HANEY THAT CURTIS'CAUDILL,. OWNER, 26-35, NO BUILDING PERMIT BE FINED $200.00, CURLEY HEATING & A/C, 26-171(A), UNLICENSED CONTRACTOR, $'200.,0.0, 2.6-!72(1), WILLFUL DISREGARD OF THE BUILDING CODES, $200.00, TOTAL OF,~.600.00 AND SUSPEND $400.00. % ROLL CALL: AYES: MR. MOSBY MR. J. SMITH MR. HANEY CHAIRMAN LAMAN NAY: MR. NEUBERGER~. MR. CAPP MRS. ENLOW BUILDING OFFICIAL MATTERS: BOARD MATTERS: LETTER OF RESIGNATION FROM VICE CHAIRMAN DERNBACH. MOTION BY MR. MOSBY, SECONDED BY MRS. ENLOW TO RESIGNATION OF DENNIS DERNBACH FROM THE CONSTRUCTION BOARD. CARRIED.. .ACCEPT THE LICENSING CARRIED. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/8/~3 ATTORNEY MATTERS: NONE DISCUSSION: INSTALLATION OF METAL STUDS IT WAS NOTED THAT PER BILL EDWARDS, EXAM TECHNICIAN .WITH BLOCK AND ASSOCIATES THAT THERE ARE NO METAL STUD QUESTIONS ON THE' CARPENTRY EXAM. THERE ARE ONLY QUESTIONS ON THE DRYWALL EXAM. MR. COOPER SAID THAT AS FAR AS GENERAL, BUILDING AND RESIDENTIAL CONTRACTORS, THEIR EMPLOYEES CAN DO METAL STUDS. MR. T. SMITH FELT THAT IN REGARDS TO PROCEDURE., ANYTIME THE BOARD FINDS SOMEONE GUILTY AND SETS A FINE FOR THAT INDIVIDUAL"THAT IT SHOULD BE AN AUTOMATIC PROCEDURE, UNLESS THERE I'S SOME OTHER EXTENUATING CIRCUMSTANCES, THAT NO FURTHER PERMITS SHOULD BE ALLOWED TO BE PULLED BY THAT INDIVIDUAL UNTIL THE FINE IS PAID. MR. COOPER SAID THAT YOU COULD DO THIS ONLY WITH THOSE,~CONTRACTORS HOLDING COMPETENCY CARDS ISSUED BY THE CITY OF SEBASTIAN, NOT A STATE CERTIFIED CONTRACTOR. WITH THE RESIGNATION OF VICE CHAIRMAN DENNIS DERNBACH FROM THE BOARD MR. COOPER SUGGESTED THAT ON THE AGENDA FOR JULY :THE BOARD REVIEW APPLICATIONS AND APPOINT A NEW VICE CHAIRMAN. MR. CAPP AND MR. NEUBERGER REGISTERED SCORES IN THE ~QOREBOOK. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT,9:45 P.M.