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HomeMy WebLinkAbout06091992SEBASTIAN CONSTRUCTION BOARD SEBASTIAN CONSTRUCT~iON BOARD REGULAR MEETING JUNE 9~ 1§92 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN DERNBACH AT 7:30 P.M. ROLL CALL PRESENT: MR. KELLEY MR. NEUBERGER MR. HANEY MR. MosBy VICE CHAIRMAN DERNBACH ABSENT: CHAIRMAN LAMAN - EXCUSED MR. CAPP - EXCUSED ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; BoNAccI, CHIEF BUILDING INSPECTOR. GEORGE APPROVAL OF MINUTES: MOTION BY MR. HANEY, SECONDED BY MR. MOSBY THAT WE ACCEPT THE MINUTES FROM THE 5/~2/92 MEETING. DISCUSSION: MR. NEUBERGER NOTED THAT ON PAGE 6, STATEMENT THAT CHAIRMAN LAMAN NOTED THAT MR. FLOOD AND PACE 2000 DID SHOW - THE WORD NOT SHOULD BE IN THERE. MR. MOSBY WITHDREW HIS SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY TO ACCEPT THE MINUTES AMENDED, ADD THE WORD NOT ON THE SECOND PARAGRAPH ON PAGE 6. MOTION CARRIED. NEW BUSINESS: BLOCK EXAM BOWEN JR., KENNETH G./CONCRETE: FORMING & PLACING LARSEN, JOHN E./RESIDENTIAL CONTRACTOR CAVENAUGH, JOSEPH W./JOURNEYMAN PLUMBER MILLER, DONALD A./JOURNEYMAN PLUMBER MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER TO ACCEPT FOR THE BLOCK EXAM, KENNE?H BOWEN JR., JOHN LARSEN, JOSEPH CAVENAUGH AND DONALD MILLER. MOTION CARRIED. PAGE 2 SEBASTIAN CONSTRUCT. ION BOARD - REGULAR MEETING - B/12/92 NEW. BUSINESS cont LETTER OF RECIPROCITY MCNAB, MARK B./ROOFING UNLIMITED MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY TO ACCEPT THE LETTER OF RECIPROCITY OF MARK S. MCNAB FOR THE ROOFING UNLIMITED LICENSE. :~' MOTION CARRIED. VIOLATION HEARINGS HARVEY E. KOEHNEN/PACE 2000 1673 BARBER STREET 1620 STONECROP STREET MR,.. KOEHNEN iDENTIFIED HIMSELF AS PRESIDENT AND QUALIFIER OF PACE 2'000. VICE CHAIRMAN DERNBACH SWORE IN MR. KOEHNEN. VICE CHAIRMAN DERNBACH EXPLAINED THAT AT OUR LAST MEETING WHEN THE VIOLATION WAS FOUND OF SEBASTIAN CODE 7-100(1), MR. KOEHNEN WAS NOT NOTIFIED OF THAT VIOLATION AND IN ORDER TO RESPECT HIS DUE PROCESS RIGHTS, HE HAD TO BE RENOT~IFIED AND WE'RE BASICALLY LOOKING AT THAT ISSUE AGAIN. IT WAS NOTED THAT 7-100(1) IS WILLFUL OR DELIBERATE DISREGARD OF THE BUILDING CODES AND WAS NOT INCLUDED IN THE ORIGINAL NOTIFICATION. MR. COOPER TOLD THE BOARD THAT MR. KOEHNEN WAS ALSO ON THE AGENDA TO DISCUSS THE OUTCOME OF THE LAST MEETING AND THAT PERHAPS THIS COULD BE DONE BEFORE THE NEW VIOLATION IS DISCUSSED. MR. KOEHNEN EXPLAINED THAT WHEN THE COURIER DELIVERED THE PAPERWORK FOR THE MAY MEETING, THAT HE DID SIGN FOR IT BUT ASSUMED HE WAS 'SIGNING FOR A DELIVERY. HE NEVER LOOKED AT WHAT HE SIGNED FOR. THEREFORE, HE WAS NOT AT THE MAY MEETING. DAVE MILLIGAN, DAVE MILLIGAN MASONRY WAS CALLED TO THE MICROPHONE'. VICE CHAIRMAN DERNBACH SWORE MR. MILLIGAN IN. PAGE 3 SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING - 6/g/g2 VIOLATION HEARINGS con% MR. MILLIGAN TOLD THE BOARD THAT HE WAS GUILTY DUE TO A MISUNDERSTANDING WHERE HIS LICENSE WAS CONCERNED. HE SAI~D IT WAS HIS FAULT, NOT PACE 2000. MR. KOEHNEN RETURNED TO THE MICROPHONE AND WAS REMINDED THAT HE WAS STILL UNDER OATH. MR. COOPER NOTED THAT ON MARCH 17, 1992, GUIDO SIGNED AN ACKNOWLEDGMENT STATING THAT MR. MILLIGAN WAS NOT LICENSED 'AND COULD NOT WORK IN THE CITY. MR. KOEHNEN SAID HE WAS INFORMED THAT THERE WAS A PROBLEM WITH HIS LICENSE BUT THAT THEY DID MAKE SURE THAT HE GOT HIS WDRKERS COMP AND THAT MR. MILLIGAN SAID HE WOULD TAKE CARE OF IT AS SOON AS HE GOT TO SEBASTIAN. MR. MILLIGAN WAS NOT ASKED TO GIVE PACE 2000 A COPY OF COMP CARD. ATTORNEY TORPY (NOT PRESENT), ADVISED MR. COOPER THAT THE BOARD NEEDED TO BE VERY CAREFUL ON THE WILLFUL VIOLATION, THAT THE BOARD WILL HAVE TO MAKE SURE OF THE FINDINGS OF FA~T. MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT THIS CASE BE POSTPONED UNTIL THE NEXT MEETING SO WE CAN HAVE THE ADVISE OF THE CITY ATTORNEY. '~ MR. COOPER SUGGESTED THAT IF MR. KOEHNEN IS WILLING TO PAY THE FINES BEFORE THAT TIME, THAT IT COULD BE A CONSIDERATION THAT THE BOARD WOULD WANT TO LOOK AT DURING THE DELI-B~RATION. VICE CHAIRMAN DERNBACH FELT THERE WAS NO NEED TO POSTPONE THIS SINCE THE BOARD HAS ALL THE EVIDENCE TO MAKE AN INFORMED DECISION. MR~ HANEY WITHDREW HIS SECOND. MOTION DIED FOR LACK OF SECOND. MR. GUIDO GREGORIS WAS .CALLED TO THE MICROPHONE. VICE CHAIRMAN DERNBACH SWORE IN MR. GREGORIS. MR. GREGORIS TOLD THE BOARD THAT HE DID SIGN THE ACKNOWLEDGMENT ON 3/17/92. PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/92 VIOLATION HEARINGS cont KOEHNEN/1673 BARBER STREET 1620 S-TONECROP STREET FINDING OF FACT MOTION BY MR. MOSBY TO FIND PACE 2000 AND LICENSEE HARVEY KOEHNEN GUILTY OF VIOLATION 7-100(1), WILLFUL OR DELIBERATE DISREGARD 'OF THE BUILDING CODES. MOTION DIED FOR LACK OF SECOND. MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE TABLE THIS UNTIL THE NEXT MEETING AND AT THAT TiME HAVE THE ASSISTANCE CITY ATTORNEY PRESENT. MOTION CARRIED. NOTE: VICE CHAIRMAN DERNBACH AND MR. MOSBY VOTED NAY. MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT IN REGARD TO THE FINDING OF FACT ON 1673 BARBER STREET AND 1620 STONECROP' STREET, AT THE PREVIOUS MEETING WHERE MR. KOE~.NEN OF PACE 2000 WAS FOUND GUILTY O~ VIOLATION OF 7-100(1), .'BE HELD OVER UNTIL THE'.JULY MEETINg:. MOTION CARRIED. DAVE MILLIGAN/DAVE MILLIGAN MASONRY 1673 BARBER STREET 1620 8TONECROP STREET VICE CHAIRMAN DERNBACH ASKED MR. MILLIGAN IF HE'HAD .~NYTHING TO ADD. MR. MILLIGAN SAID HE DID NOT. FINDING OF FACT MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE FIND DAVE MILLIGAN MASONRY GUILTY OF VIOLATION OF 7-99(A)~ ON 1673 BARBER. STREET AND 1620 STONECROP. MR'. NEUBERGER WITHDREW HIS SECOND. MR. HANEY WITHDRE~.H'I"S MOTION. PA~E ~ SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/.~ VIOLATION HEARING cont MOTION BY MR. HANEY, SECONDED BY MR. KELLEY THAT .WE~ FIND DAVE M'ILLIGAN GUILTY OF '7-99(A) ON 1673 BARBER STREET 'AS PER MR. MILLIGAN'S ADMISSION OF GUILT. ROLL CALL: AYE: MR. KELLEY MR. NEUBERGER MR. HANEY~ MR. MOSBY VICE CHAIRMAN DERNBACH NAY: NONE MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. KELLEY THAT WE TABLE l'00(1) ON DAVE MILLIKAN FOR THE VIOLATION AT 1673 BARBER STREET UNTIL THE JULY MEETING.- ALL VOTED NAY. MOTION FAILS. MOT'~ON BY MR. MOSBY, SECONDED BY MR. N.EUBERGER THAT ~E FIND MR, DAVE MILLIGAN, DAVE MILLIGAN MASONRY NOT GUILTY OF 7- 100(1), WILLFUL OR DELIBERATE DISREGARD FOR THE BUI'LDING CODES FOR THE VIOLATION AT 1673 BARBER STREET. NOTE: MR. HANEY VOTED NAY. MOTION CARRIED. .FINDING OF FACT MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE"FiND DAVE MILLIGAN OF DAVE MILLIGAN MASONRY GUILTY OF VIOLATING 7- 99(A) ON 1620 STO.NECROP STREET, CITY OF SEBASTIAN.. MOTION AMENDED BY .MR.. HANEY, SECONDED BY MR. NEU. BERGER TO INCLUDE DUE TO MR. MILLIGAN'S ADMISSION OF GUILT. VOTE ON AMENDMENT: AMENDMENT CARRIED. VOTE ON ORIGINAL MOTION: MOTION.CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER TO FIND DAVE MILLIGAN OF DAVE MILLIGAN MAgONRY NOT GUILTY OF VIOLATION 7- 100(1) ON 1620 STONECROP STREET. NOTE,: MOTION CARRIED. VICE CHAIRMAN DERNBACH AND MR. KELLEY VOTED NAY. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/92 VIOLATION HEARING cont MOTION BY MR. HANEY, SECONDED BY MR. KELLEY TO FINE DAVE MISLIGAN, DAVE MILLIGAN MASONRY $250.00 FINE FOR VIOLATfON OF 7-99(A) ON 1673 BARBER STREET AND $500.00 FINE FOR 1620 STONECROP STREET AND AT THE ~SAME TIME PLACE MILLIGAN OF DAVE MILLIGAN MASONRY'~ON PROBATION WIthIN THE CITY FOR 6 MONTH PERIOD. MOTION AMENDED BY MR. HANEY, SECONDED BY MR. KELLEY/THAT DAVE MILLIGANS LICENSE BE SUSPENDED UNTIL ALL FINES AND LEVIES BE PAID AND AT THAT TIME BE PLACED .ON A 6 MONTH PROBATION WITHIN THE CITY. VOTE ON AMENDMENT: AMENDMENT CARRIED. NOTE: MR. MOSBY VOTED NAY. VOTE ON ORIGINAL MOTION: ROLL CALL: AYE: MR. HANEY NAY: MR. KELLEY MR. NEUBERGER MR. MOSBY VICE CHAIRMAN DERNBACH MOTION FAILS. MOTION BY MR. KELLEY, SECONDED BY MR. HANEY THAT EVERYTHING WOULD BE THE SAME EXCEPT FOR .T'HE.~ECOND VIOLATION~WOULD ALSO BE $250.00 INSTEAD OF $500.00. ROLL CALL: AYE: MR. KELLEY MR. HANEY NAY: MR. NEUBERGER MR. MOSBY VICE CHAIRMAN DERNBACH MOTION FAILS. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/92 VIOLATION HEARING cont MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY THAT MR. MILLIGAN OF MILLIGAN MASONRY BE FINED $75.00 ON THE FIRST CHARGE OF 7-99(A) AND $150.00 ON THE SECOND CHARGE OF 7-99(A) FOR A TOTAL FINE OF $225.00 AND LICENSE PRIVILEGES SUSPENDED UNTIL THE FINES ARE PAID. ROLL CALL: AYE: MR. NEUBERGER MR. MOSBY ViCE CHAIRMAN DERNBACH NAY: MR. KELLEY MR. HANEY MOTION CARRIED. FOR MATTER OF RECORD: MR. MILLIGAN PAiD HIS FINE OF $225.00, IN FULL, BEFORE HE LEFT THE MEETING. DISCUSSION: HARVEY E. KOEHNEN/PACE 2000 - LICENSE STATUS THERE WAS A DISCUSSION PRIOR TO THE VIOLATION OF HEARINGS LISTED ON THE AGENDA. DISCUSSION: APPROVAL OF LETTER OF RECIPROCITY IN HOUSE. MR. COOPER FELT THAT IT WOULD BE IN THE BEST INTEREST TO SERVE THE CONTRACTORS THAT ARE COMING IN THROUGH LETTER OF RECIPROCITY SINCE IT IS SIMILAR TO THE GRANDFATHERING, WHICH WOULD ALLOW THEM TO BE ISSUED A CARD AND NOT HAVE TO GO BEFORE THE BOARD. MR. COOPER SUGGESTED THAT IN THE FUTURE THE BOARD COULD BE ADVISED AS TO WHO HAS BEEN LICENSED THROUGH RECIPROCITY AND GRANDFATHERING AT EACH BOARD MEETING. MOTION BY MR. MOSBY, SECONDED BY MR. HANEY THAT WE APPROVE THE RECOMMENDATION BY THE BUILDING OFFICIAL THAT APPROVAL OF THE LETTER OF RECIPROCITY CAN BE DONE ON STAFF LEVEL ON A TEMPORARY BASIS FOR A PERIOD OF 90 DAYS AND BE BROUGHT BEFORE THE BOARD SHOULD THERE BE A DETERMINATION OF FACTS. MOTION CARRIED. RECESS WAS TAKEN AT 9:15 P.M. MEETING REOPENED AT 9:20 P.M. WITH ALL PRESENT. PAGE 8 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/92 DISCUSSION: WILLIAM LEE, PAINTING SUB-CONTRACTOR MR. LEE HAD REQUESTED TO SPEAK TO THE BOARD. IT WAS NOTED THAT HE WAS NOT PRESENT AT THE MEETING. DISCUSSION: FEES/PERMITS SINCE MR. COOPER HAD TO LEAVE THE MEETING, THE BOARD ASKED THAT THIS BE PUT ON THE NEXT MEETING AGENDA. MOTION BY MR. NEUBERGER, SECONDED BY MR. KELLEY TO TABLE THIS DISCUSSION UNTIL THE JULY MEETING. MOTION CARRIED. THE BOARD SECRETARY SAID SHE WOULD GIVE A COPY OF THE FEE SCHEDULE TO EACH BOARD MEMBER AT THE JULY MEETING. DOUGLAS FLOOD, JR./516 INDIAN RIVER DR. FOR RECORD, MR. FLOOD WAS ON THE MAY AGENDA FOR A VIOLATION OF HEARING. HE WAS NOT PRESENT AT THE MEETING. MOTION BY MR. HANEY, SECONDED BY MR. KELLEY TO ADD DOUG FLOOD TO THE'JUNE 9TH MEETING. MOTION CARRIED. MR. FLOOD STATED THAT HE WANTED TO KNOW WHAT ACTION THE BOARD HAD TAKEN AT THE MAY MEETING. VICE CHAIRMAN DERNBACH READ THE FINDING OF FACT FROM THE MAY MEETING: THE BOARD DETERMINED THAT DOUGLAS FLOOD WAS IN VIOLATION OF SEBASTIAN 'CODE OF ORDINANCES SEC. 7-99(A), .NO LICENSE AND SEC. 7-43, NO PERMIT. THE CONCLUSION WAS THAT HE WAS FOUND TO BE IN VIOLATION OF THE ABOVE MENTIONED SECTIONS, FINED $250.'00 IN THE VIOLATION OF 7-99(A) AND $150.00 IN THE VIOLATION OF 7-43. IT WAS NOTED THAT MR. FLOOD WAS A JOURNEYMAN ELECTRICIAN. MR. FLOOD FELT THE FINES WERE TOO HIGH COMPARED TO THE PREVIOUS HEARING. PAGE 9 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 6/9/92 VICE CHAIRMAN DERNBACH-TOLD MR. FLOOD THAT HE DID HAVE THE RIGHT TO APPEAL. ~ MR. FLOOD WAS TOLD TO CHECK WITH THE BOARD SECRETARY THE NEXT DAY AND SHE WOULD EXPLAIN THE APPEAL PROCEDURES TO HIM. THE BOARD SECRETARY TOLD THE BOARD THAT ON MAY 29, SHE HAD GONE TO A CLOAF MEETING AND THAT DPR HAD TALKED AT LENGTH ON SPECIALTY CONTRACTORS. AS OF OCTOBER 1, DPR WILL NO LONGER BE REQUIRING SPECIALTY CONTRACTORS TO REGISTER WITH THE STATE AND THAT THEY WOULD NO LONGER DISCIPLINE THEM. THIS WOULD BE DONE ON A LOCAL LEVEL. DPR HAS ASKED THAT ALL THE AREAS SUBMIT A LIST OF SPECIALTY CONTRACTORS THAT THEY FEEL INVOLVES LIFE SAFETY CONSIDERATIONS AND A SIGNIFICANT POTENTIAL DANGER TO THE CONSUMER. OUT OF THOSE TRADES, SOME OF THEM WILL BE REQUIRED TO REGISTER WITH THE STATE FOR "TRACKING" PURPOSES ONLY. THERE WILL BE A COMPUTER PROGRAM COMING OUT THAT WILL ALLOW US TO OBTAIN A COMPLETE HISTORY ON A CONTRACTOR AS TO 'ANY VIOLATIONS THERE HAVE BEEN. THE BOARD SECRETARY ASKED THE BOARD TO GO OVER THE LIST AND MAKE RECOMMENDATIONS AT THE JULY MEETING TO BE FORWARDED TO DPR. MINUTES TO PUBLIC MR. BOB BRADLEY REQUESTED TO SPEAK TO THE BOARD IN REGARDS TO PROOF OF EXPERIENCE WHEN TRYING TO OBTAIN A POOL MAINTENANCE COMPETENCY CARD. A BRIEF DISCUSSION FOLLOWED WITH THE BOARD MAKING THEIR RECOMMENDATIONS. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT ~9:55 P.M. SEBASTIAN CONSTR~CTION BOARD REGULAR ~EETING JUNE 9,_ 1992 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING 5/12/92 OLD B~USINESS: NEW BUSINESS: BLOCK EXAM BOWEN JR., KENNETH G./CONCRETE: FORMING & PLACING LARSEN, JOHN E./RESIDENTIAL CONTRACTOR CAVENAUGH, JOSEPH W./jOURNEYMAN PLUMBER MILLER, DONALD A./JOURNEYMAN PLUMBER LETTER OF RECIPROCITY MCNAB, MARK S./ROOFING UNLIMITED VIOLATION HEAR ING% HARVEY E. KoEHNEN/PACE 2000 1673 BARBER ST. DAVE MiLLIGAN/DAVE MILLIGAN MASONRY 1673 BARBER ST. HARVEY E. KOEHNEN/PACE 2000 1620 STONECROP ST. DAVE MILLIGAN/DAVE MILLIGAN MASONRY 1620 sTONECROP ST. DISCUSSION: DISCUSSION: DISCUSSION: DISCUSSION: HARVEY E. KOEHNEN/PACE 2000 - LICENSE STATUS APPROVAL OF LETTER OF RECIPROCITY IN HOUSE RECORD SCORES IN SCOREBOOK WILLIAM LEE, PAINTING SUB-CONTRACTOR FEEs/PERMITS PAGE 2 SEBASTIAN CONSTRUCTION BOARD - 6/9/92 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 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN i225 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, JUNE 9, 1992 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. ~. NAPpI, SzE~R~TARy · - ..... SEBASTIAN CONSTRUCTION BOARD NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD O'F 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.