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HomeMy WebLinkAbout07091991SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING JULY 9.t 1991 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: OLD BUS.INESS: SPECIAL MEETING, 5/29/91 AND REGULAR MEETING, 7/9/91 NEW BUSINESS: BLOCK EXAM - GAINESVILLE KELLEY, WM. T./DRYWALL KOCH, RUBEN A./IRRIGATION BRAMONTE, MICHAEL S./POOL MAINTENANCE & REPAIR LETTER OF RECIPROCITY MALONEY, RICHARD P./ELECTRICAL CONTRACTOR PREWITT, ART/ROOFING UNLIMITED ALLEN, KENDALL J./COMMERCIAL SWIMMING POOL MITCHELL, OLAF D./TILE & MARBLE BLOCK EXAM - SEBASTIAN FEARS, STEPHEN/PAINTING VIOLATION HEARINGS JAMES LENNON 101 LANDOVER DRIVE GUARANTEED WATER SYSTEMS, INC. CARPET FASHIONS, INC. BRIAN'S CARPET 754 GEORGE STREET ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS~ REGISTER 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 O~ 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 [225 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, JULY 9, 1991 AT 7:30 P.M. IN THE CiTY COUNCIL CHAMBERS. K. NA~PI', ~S~RETARY SEBASTIAN CONSTRUCCTION 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 T'O ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. S~BASTIAN CONST~CT~ON BOARD SEBASTIAN CONSTRUCTION BOARD MEETING WAS CALLED TO ORDER BY VICE CHAIRMAN LAMAN AT 7~30 P.M. ROLL CALL: PRESENT MR. KELLEY MR. CAPP MR. DERNBACH MR. HANEY VICE CHAIRMAN LAMAN ABSENT~ CHAIRMAN CAREY - EXCUSED MR. NEUBERGER - EXCUSED ALSO PRESENT~ MR. COOPER, BUILDING OFFICIAL; MR. NICHOLSON., CODE ENFORCEMENT OFFI~CER APPROVAL OF MINUTE-S~ MOTION BY MR. DERNBACH, SECONDED BY MR. HANEY TO ACCEPT THE MINUTES AS WRITTEN FOR THE REGULAR MEETING OF 6/11/91 AND THE SPECIAL MEETING OF 6/29/91. CARRIED. NEW B3SINESS= BLOCK EXA" - GAINEBVILLE KELLEY, WM. T./DRYWALL VICE CHAIRMAN LAMAN ASKED THAT MR. KELLEY REFRAIN FROM VOTING SINCE HE WAS A MEMBER OF THE BOARD- MOTION BY MR. DERNBACH, SECONDED BY MR. HANEY TO ACCEPT MR. KELLEY'S APPLICATION FOR THE BLOCK EXAM IN GAINESVILLE- CARRIED. FOR MATTER OF RECORD MR. KELLEY STATED THAT HE REFRAINED FROM VOTING DUE TO A CONFLICT OF INTEREST- KOCH, RUBEN A./IRRIGATION BRAMONTE, MICHAEL B./POOL MAINTENANCE & REPAIR MOTION BY MR. CAP'P, SECONDED BY MR. HANEY THAT WE SPONSOR MR. KOCH AND MR. BRAMONTE FOR THE BLOCK EXAM IN GAINESVILLE- CARRIED- PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/9/91 LETTER OF RECIPROCITY MALONEY, RICHARD p./ELECTRICAL CONTRACTOR PREWITT, ART/ROOFING UNLIMITED ALLEN KENDALL J./COMMERCIAL SWIMMING POOL MITCHELL, OLAF D./TILE & MARBLE MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH TO ACCEPT THE LETTERS OF RECIPROCITY FOR RICHARD MALONEY, ART PREWITT, KENDALL ALLEN AND OLAF MITCHELL- DISCUSSION: MR. HANEY NOTED THAT MR. MITCHELL HAD ONLY TAKEN THE ADMINISTRATIVE TEST. MR. DERNBACH WITHDREW HIS SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH TO ACCEPT RICHARD MALONEY, ART PR'EWITT AND KENDALL ALLEN LETTERS OF RECIPROCITY. CARRIED- MITCHELL, OLAF D./TILE AND MARBLE MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO ACCEPT MR. MITCHELL'S LETTER OF RECIPROCITY- DISCUSSION: THE BOARD SECRETARY NOTED THAT MR. MITCHELL HAD TAKEN THE THREE HOUR ADMiNISTRATiON FOR CULTURED MARBLE, IT DID NOT INCLUDE TILE. MR. DERNBACH NOTED AFTER LOOKING AT MR. MITCHELL'S FILE THAT HE HAD BEEN DOING CULTURED MARBLE SINCE 1984 AND THAT IN VIEW OF HIS EXPERIENCE AND THE FACT THAT HE DID TAKE THE ADMINISTRATION PART OF THE TEST HE FELT THAT HE WAS QUALIFIED ENOUGH TO ACCEPT THE LETTER OF RECIPROCITY. MR. CAPP WITHDREW HIS SECOND, MR. DERNBACH WITHDREW HIS MOTION. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO ACCEPT MR. MITCHELL'S LETTER OF RECIPROCITY AS A CULTURED MARBLE CONTRACTOR. CARRIED. PAGE 3 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7./9/91 BLOCK EXAM - SEBASTIAN FEARS, STEPHEN/PAINTING MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH TO ACCEPT STEPHEN FEARS APPLICATION FOR A BLOCK EXAM IN SEBASTIAN. CARRIED. VIOLATION HEARINGS JAMES LENNON, GUARANTEED WATER SYSTEMS, INC. 10! LANDOVER DRIVE MR. LENNON WAS NOT PRESENT AT THE MEETING. IT WAS NOTED THAT THE NOTICE OF HEARING WAS SENT CERTIFIED HAIL, THAT IT WAS SIGNED BY R. LENNON. HR. COOPER SAiD THE BOARD NEEDED TO WAIT UNTIL IT COULD BE VERIFIED THAT R. LENNON WAS ALSO JAMES LENNON. MR. COOPER ALSO NOTED THAT PROCEDURES WERE BEING CHANGED ON CERTIFIED MAIL TO BE RESTRICTED ONLY TO THE PERSON BEING SERVED. MOTION BY MR. DERNBACH, SECONDED BY HR. HANEY TO TABLE THE VIOLATION HEARING ON HR. JAMES LENNON TO OUR NEXT REGULAR MEETING. CARRIED. IT WAS NOTED THAT GEORGE LEONARD WAS THE QUALIFIER FOR THE COMPANY. MR. LENNON AND GEORGE LEONARD WOULD BE SERVED A NOTICE OF VIOLATION HEARING FOR THE AUGUST MEETING BY RESTRICTED -- DELIVERY. CARPET FASHIONS, INC. BRIAN'S CARPET 754 GEORGE STREET THIS CASE WAS POSTPONED FROM THE JUNE MEETING. MR. NICHOLSON GAVE A RUNDOWN ON THE CASE. PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/9/91 VIOLATION HEARING cunt ATTORNEY DAVID JACOBY SPOKE ON BEHALF OF DOUGLAS KNIGHT, CARPET FASHIONS, INC. VICE CHAIRMAN LAMAN NOTED THAT CARPET FASHI.ONS IS LICENSED T.O WORK IN THE CITY OF SEBASTIAN BUT THAT THEY HAD SUB- CONTRACTED THE WORK TO BRIAN'S CARPET, NOT LICENSED IN THE CITY. ATTORNEY JACOBY SAID THAT MR. KNIGHT, PRESIDENT OF CARPET FASHIONS ADMITS TO VIOLATION OF THE ORDINANCE 7-100 (2]. MR. KNIGHT WAS UNAWARE THAT THE INDEPENDENT CONTRACTORS HAD TO HOLD A COMPETENCY CARD. IT WAS NOTED THAT ALL OF THE PEOPLE WHO ARE OPERATING UNDER CARPET FASHIONS CURRENTLY IN THE CITY OF SEBASTIAN ARE EITHER AN EMPLOYEE OR HOLDS A COMPETENCY CARD. MR. COOPER FELT THAT AFTER T~LKING TO THE CITY ATTORNEY, BASED ON THE FACT THAT THERE HAS BEEN THIS AMOUNT OF CONFUSION WITHIN THE GENERAL POPULATION THAT THERE IS A TENDENCY TO BE LENIENT. MOTION BY MR. HANEY, SECONDED BY MR. DERNBACH TO DROP THE ACTION AGAINST BRIAN'S CARPET INSTALLATION AND ALSO AGAINST CARPET FASHIONS. DISCUSSIONz MR. DERNBACH FELT THAT THERE SHOULD BE A SUSPENDED FINE. HE FELT THAT THERE SHOULD BE A FINDING OF FACT ON RECORD. MR. DERNBACH WITHDREW HIS SECOND, MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO FIND CARPET FASHIONS, INC. iN VIOLATION OF SEBASTIAN CITY CODES, ?- 10012)) BY HIRING BRIAN FAGALY AS AN UNLICENSED SUB- CONTRACTOR, THE VIOLATION BEING ON MAY 29, 1991 AT 754 GEORGE STREET. CARRIED. MOTION BY MR. DERNBACH, SECONDED BY MR. KELLEY THAT IN VIEW OF THE FINDING OF FACT THAT THIS. BOARD FIND CARPET FASHIONS, INC., LICENSE #516, A $150.00, $100.00 TO BE SUSPENDED FOR 90 DAYS. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/9/91 VIOLATION HEARING cunt DISCUSSION= MR. DERNBACH FELT THAT UNDER THE CIRCUMSTANCES THAT MR. KNIQHT HAS A LICENSE AND IT IS UP TO HIM TO MAKE SURE HE ABIDES BY THE CITY CODES AND THE CONDITIONS OF HIS LICENSE. CARRIED. BRIAN'S CARPET MOTION BY MR. CAPP, SECONDED BY MR. KELLEY TO FIND BRIAN FAQALY OF BRIAN'S CARPET IN VIOLATION OF SEBASTIAN CODE 99(A), NOT LICENSED AS A CARPET SUB-CONTRACTOR, IS .PERFORMIN~ WORK AT 7~4 ~EOR~E STREET, SEBASTIAN, FLORIDA. DISCUSSION: VICE CHAIRMAN LAMAN SWORE IN BRIAN FAGALY. MR., FAGALY TOLD THE BOARD THAT HE HAS HAD AN INDIAN RIVER OCCUPATIONAL LICENSE FOR ALMOST 4 YEARS. HE WAS NEVER TOLD THAT HE HAD TO ~ET ANOTHER KiND OF LICENSE. HE THOUQHT THAT LICENSE WAS ~OOD FOR THE WHOLE COUNTY. HE STATED THAT HE HAS BEEN WORKIN~ IN SEBASTIAN ABOUT SIX YEARS. NO ONE EV.ER QUESTIONED HIS HAVIN~ A LICENSE. MR. COOPER ASKED IF WHEN HE TALKED TO CARPET FASHION HE REPRESENTED HIMSELF AS BEIN~ LICENSED. MR. FAQALY SAID YES BECAUSE HE THOUGHT HE WAS LICENSED. MOTION CARRiED~ MOTION BY MR. HANEY, SECONDED BY MR. CAPP TO FINE BRIAN'S CARPET INSTALLATION $150.00 AND SUSPEND $150.00 FOR 90 DAYS, IF NO NEW VIOLATIONS, CASE WILL BE CLOSED. DISCUSSION: MR. DERNBACH POINTED OUT THAT QUITE OFTEN THE BOARD HEARS PEOPLE SAY THEY DID NOT KNOW SEBASTIAN WAS THERE. HE FELT THAT MR. FA~ALY WAS A VICTIM OF CIRCUMSTANCES BDT TO AN EXTENT THERE ARE CIRCUMSTANCES HE BROUGHT UPON HIMSELF. MOTION CARRIED. MR. DERNBACH VOTED NAY. MR. COOPER RECOMMENDED THAT UNDER THE CIRCUMSTANCES THE BOARD MIGHT WANT TO RECONSIDER CARPET FASHIONS AGAIN. THE BOARD DID NOT WANT TO CH. ANQE THEIR DECISION. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/9/91 BUILDING OFFICIAL MATTERS: BRUCE TOLD 'THE BOARD THAT HE DID NOT GET A GOOD RESPONSE FROM THE INTERNAL REVENUE SERVICE. HE SAID THAT HE WAS GOING TO COORDINATE WiTH THE UNEMPLOYMENT .COMPENSATION HIMSELF AND PURSUE IN WRITING TO THE IRS. HE THOUGHT HE WOULD BE UPDATING THE BOARD AT THE NEXT MEETING. MR. KELLEY SAID THAT HIS ACCOUNTANT HAD CONTACTED UNEMPLOYMENT COMPENSATION IN FT.. PIERCE AND TALKED TO A WON'AN BY THE NAME OF VERONICA, 468-3982. SHE SAID SHE COULD CHECK ANYONE WHO SAID THEY WERE EMPLOYEES ~ND VERIFY RIGHT ON THE SPOT. MR. CAPP AND MR. KELLEY REGISTERED SCORES IN THE SCOREBOOK. MR. HANEY MENTIONED THAT THERE HAD BEEN A NUMBER OF AIR CONDITIONING COMPANIES SOLICITi~ BUSINESS BY TELEPHONE. MOTION BY MR. DERNBACH, SECONDED BY MR. HANEY TO RECOMMEND TO CITY COUNCIL THAT THEY BUDGET $1,000.O0 TOWARDS ADVERTISING TO INCREASE THE PUBLIC AWARENESS OF THE LICENSING REQUIREMENTS AND THE IMPORTANCE OF USING LICENSED CONTRACTORS AND SUB-CONTRACTORS IN THE CITY LIMITS. MOTION CARRIED. THERE WAS ~ BRIEF DISCUSSION CONCERNING ADVERTISING FOR CONTRACTORS WITHOUT SHOWING THEIR LICENSE NUMBER IN THE AD. MR. COOPER ASKED THE BOARD SECRETARY TO CHECK WITH THE CLERKS OFFICE AND GET A COPY OF THE NEWSPAPER EACH WEEK AND CHECK FOR THE ADVERTISING CONTRACTORS AND THE USE OF THEIR STATE LICENSE NUMBER BEING USED IN THE AD. THEIR BEING NO FURTHER DISCUSSION, THE MEETING ADJOURNED AT 9~00 P.M,.