Loading...
HomeMy WebLinkAbout07141992SEBASTIAN CONSTRUCTION BOARD SEBASTIAN CONSTRUCTION BOARD JULY 14g 1992 - 7=30, P.~... MEETING WAS CALLED TO ORDER BY CHAIRMAN LAMAN AT 7=30 ROLL CALL= PRESENTs MR. NEUBERGER MR. HANgY MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN ABSENTs MR. KELLEY - EXCUSED MR. MOSBY - EXCUSED ALSO PRESENT: BRUCE COOPER, BUIbDING OFFICIAL; GEORGE BONACCI, CHIEF BUILDING INSPECTOR; BOB NICHOLSON, CODE ENFORCEMENT OFFICER~ RICK TORPY, ASSISTANT CITY ATTO~Y. CHAIRMAN LAMAN REQUESTED THAT A SHORT RECESS BE TAKEN.T.O ALLOW THE BOARD MEMBERS. TO COMPLETE THE REVIEW APPLICATIONS. 7=37 P.M. 7s43 P.M. WITH ALL PRESENT. APPROVAL OF MINUTESs MOTION BY MR. HANEY, SECONDED BY MR-. MEUBERaER TO ADOPT THE MINUTES FROM THE LAST MEW'TING OF 6./9/92. MOTION CARRIED. BLOCK EXAM ANDERSON-SMITH, MERVYN/RESIDRNTI. AL CONTRACTOR MCCULLY, WILLIAM/ROOFING UNLIMITHD NETTLES, WILLIS R./LANDCLEARING, GRADING REINHARD, RAY/QLASS & GLAZING RICHARDSON, DARReLL/STUCCO/PLAStERING MOTION BY ViCE CHAIRMAN DERNBACH, SECONDED BY MR. NEUBERGER TO ACCEPT THE APPLICATION OF ~R. ANDE~ON-SNITH, MR. MCCULLY, MR. REZNHARD AND MR. RICHARDSON. ~= NOTION CARRIED. MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. CAPP THAT FOR THE PURPOSE OF DISCUSSION THAT WE MOVE TO ACCEPT. MR. METTLE'S APPLICATION FOR THE BLOCK EXAM. PAGE2 SEBASTIAN CONSTRUCTION BOARD - RBGULAR MEETING -'7/14/92 VICE CHAIRMAN DERNBACH NOTED THAT ON MR. NETTLE'S APPLICATION THAT HE HAD A LOT OF EXPERIENCE AS A CITRUS PRODUCTION MANAGER. HE ASKBD HR. NETTLES HOW. THIS TYPE OF EXPERIENCE RELATED TO LANDCLEARING. MR, NETTLES EXPLAINED THAT HE WAS INVOLVED IN THE DEVELO~ENT O~ C.I.TRUS PRODUCTION .AND THAT HE MOULD TAKE A PIEC~ 0~. LAND WITH NATIVE VEGETATION ON IT AND CLEAR, GRADE AND P.RE.PAI~ IT FOR. CITRUS GROWTH. MOTION CARRIED. BLOCK EXAM - GAINESVILLE 8TUTLER, WILLSON/PAINTING MOTION BY MR. HANEY, SECONDED BY VICE CHAIRMAN DERNBA~ THAT WE ACCEPT MR. STUTLER'S APPLICATI, ON ~OR THE BLOCK EXAM ~ GAINESV.ILLE. MOTION CARRIED. ORAL EXAM - GAINESVlLLE POLLY, DONNIE/ROO~ING UNLIMITED MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. HANBY, THAT ME ACCEPT HR. POLLY'S APPLICATION TO TAKE AN ORAL BLOCK ~XAH IN GAiNESVILLE. MOTION CARRIED. LETTER OF RECIPROCITY WARREN, DANNY/HARV MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. HANEY THAT #g kCCEPT THE LETTER'OF RECIPROCITY FOR MR. WARREN AS A HARV #B# CONTRACTOR. MOTION CARRIED. CHANGE OF STATUS BRACKETT, TOM/DRYWALL ~ CORPORATION TO INDIVIDUAL HARSH, RODERICK/ALARM CONTRACTOR .II - QUALIFY NEW CORP. MOTION BY MR. HANEY, SECONDED BY VICE CHAIRMAN DERNBA.CH THAT WK ,ACCEPT THE CHANGE OF STATUS FOR TOM BRACKETT, DRY#ALL AND RODERICK HARSH, ALARM 'CONTRACTOR IX. MOTION CARRIED. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/'22/92 VIOLATIO~ ~EARX~NGS HARVEY E. KOEHNEN/PACE 2000 1673 BARBER ST./1620 STONECROP ST. ATTORNEY STEPHEN NAVARETTA NAS PRESENT, REPRESENTING HR. HAI~VEY KOEHNEN. :MR. DAVID MILLIGAN WAS ALSO PRESENT AT THE 'ME.ETIHG. ATTORNEY NAVARETTA HAD LETTERS FROH ST. LUCIE AND MARTIN COUNTY AND PORT ST. LUCIE ATTESTING TO THE EXCELLENT RECORD OF HR. KOEHNEN. THESE LETTER8 WERE SUBMITTED TO THE CLSRK. ATTORNEY NAVARETTA WANTED TO DISCUSS SEVERAL LEGAL AND TECHNICAL PROBLEMS HE HAD WITH THIS PROCEEDING. ATTORNEY NAVARETTA FORMALLY OBJECT'KD TO THIS PROCEEDING, TO. YOUR KXERCISE OF JU,RiSDICTION OVER OUR CLIENT AND HE.',',BELI-EVKD IT VIOLATED FUNDAMENTAL DUE PROCESS.' AT. THE'MAY 12TH MgETIN(~, PACE 2000.'WA8 FOUND TO BE IN VIOLATION OF SEBASTIAN CODE OF ORDINANCES, SEC. 7~99(B) AND 7-100(2)., AT THAT MEg. TING SOMEONE SOGGESTED THAT THEY SHOOLD ALSO BE CHARaED WI.TH 8gC. 7'100(1)'~ '~ILLFUL AND DELI~tR!ATg DISREGARD 0F THE BUILDI,NG CODES.. PACE 2000 WAS BROUHHT BACK BE'FORE.THE BOARD AT THI'S MEETING IN REGARDS TO VIOLATION OF SEC. ?-100(1). IT WAS THEIR" O.~INION, (NAVARETTA) THAT THIS IS FUNDAMENTALLY UNFAIR.~ THEY ALSO FELT THE NOTICE WAS DEFICIENT BECAUSE iT DID NOT S~F~CIFY THE BUILDING CODE THAT WAS BEINa VIOLATED, THEREFORE ALSO VIOLATING FUNDAMENTAL DUE PROCESS. IT WAS NOTED THAT MR. KOEHNEN.I~ STATE CERTIFIED, TH~EFORE ACCORDING.TO STATE STATUTES CHAPTER' 489, THE BOARD C~N NOT EXERCIS!E DISCIPLINARY ACTION AGAINST. A STATE CERTIFIED CONTRACTOR. ATTORNEY TORPY SAID THAT SINCE THIS,IS A DUE PROCESS HEARINg, ANY REFERENCE TO THE MAY 12TM HgAR,~NG IS OF NO RELEV~ANCE, TO. THE CHARGES THAT ARE BEIN~ BROUGHT THIS E~ENI'NH AND.HE OBJECTED AS A MATTER OF RECORD TO. ltRY REFERENCE OF THE 12TH HEARIN~ BEi'I~.,B.ROUGHT UP.-THtSii'i~VgNIN~ TO THIS BOARD,..,,,':, THOSE ARE MATTERS"THAT CAN BE RAISED ON APPEAL WITH R~GARD TO THAT'CASE AND SHOULD NOT BE CONSIDERED BY THIS BOARD':~THIE EVENING. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/14/921 CHAIRMAN LAHAN TOLD ATTORNEY NAVARKTTA TO CONTINUE.. ATTORNEY NAVARETTA 'TOLD THE BOARD THAT THE ORDER MAY~2THiHEARING R~SULTED FROM A' VOTE FROM T#O PEOS~K '.HAVE"AN ~CTDAL coNFLICT OF INT~SST,IN THIS MATTER - CHAIRMAN DERNBACH AND MR~ KELLEY'BYRSASON THAT THKY~BInON A COQPLK OF THKSE JOBS THAT ARK THS~,.S'OBJECT MATTER,.OF THIS PROCI~EDING. ATTORNEY NAVARETTA BAID.~SINCE THE HEARINg ON NAY 12TH VIOLATED FUNDAMBNTAL,DUE PROCESS AND VIOLATED CHAPTSR 409', SUB, SEC. 127, SOB 4, SUB O, #HICH PRECLUDES THIS BO~D FROM EXEB.CISINg DISCIPLINE OVER A ST'ATE CERTIFIED CONTRACTO~ BECAUSE OF THE CONFLICT OF INTKRES~ R.EASONS AND BECAU,~.E: B~SI~ALLY BELIEVE THAT TYPE 0~ DISCIPLINE CAN NOT OVER A STATE CERTIFZ.ED CONTRACTOR, WE HEREBY DKMANDA~ REQUEST THAT THE ORDERS OF MAY 12TH ON BOTH CASE'S BE..SET ASIDE AND VACATED BY THIS BOARD.... DAVK MILL~GAN OF DAVE MILLIGAN NAS~NRY WAS PRESENT AT ..THEE MEETING. HE WAS THE UNLICENSED SUB-CONTRACToR ON CHA-~RNAN. LAMAN SWORE IN MR. MILLigrAM. ATTORNEY' TO~PY ASKED MR. MILLIGAN IF PACK 2000 HAD A COPY OF:HIS LICENSE AND HE SAID Y~S, BUT HE DID NO THEM A COPY OF IT. CHAIR'NAN LAMAN S#ORE IN MR. HARVEY KOEHN. KN. MR.. KOEHNEN TOLD THE BOARD THAT ~N REGARDS TO THE FIRST CASE THAT IT WAS OBVIOUS THAT IT WAS NOT #ILLFUL. MR. M~.~LIGAN WAS LISTED ON THE FORM BKCAUSK #K THOUGHT HE WAS L~C~gED. CHAIRMAN LAMAN NOTED THAT AN ACKNO#LKDGMKNT FORM HAD. BEEN SIGNED BY GUI'DO, AN AGENT FOR THE COMPANY SHO#INg PACE #AS AWARE THAT MR. MILLIGAN #AS NOT LICENSED. ATTORNEY TORPY GAVE THE ACKNOWLEDGMENT FORMS TO MR. KOEHNEN, ONE #AS FOR LOT 1, BLOCK 333 SIGNED BY'~A REPRESENTATIVE OF PACE 2000 DATED 3/26/92, THE OTHER GMS'iS FOR LOT 4, BLOCK 401, UNIT~ -11, DATED 3/17/92 AGAIN SIGNED BY A REPRESENTATIVE OF PACK 2000. THESE #ERE OFFERED ~-NTO THIS CASK AS SXH.IBITS. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - R~GULAR - 7/14/92 ATTORNEY TORPY ASKED MR. KOEHNEN IF HE WAS AWARE THAT MILLIGAN WAS NOT LICENSED AT THE TINg WORK HAS BEING DONE ON THE SITS. S., HR. KOgifNgN SAID NOT AT THE FIRST HOUSE, AT THE SECOND HOUSE HE KN~W HE' ~A.S~ NOT LICENSED BECAUSE THEY HERE TRYING T-O GET HIS HORKMAN'S COMP. MR. NXLLIGAN TOLD PACE 2000 ~THAT 'THERE HAS NO PROBLEM AND THEY TOOK HIM AT~ HIS HOED. PACE 2000, AT THAT TIME, THOUGHT"~R'. NILLIGAN D~D GET HIS LICENSE. ATTORNEY TORPY ASKED GUIDO GREGORIS TO CONE TO THE MICROPHONE. CHAI'~MAN.~LAMAN SHORE IN GUIDO MR. GREGORI8 TOLD THE BOARD THAT HE'HAD BEEN EMPLOYED BY! PACE 2000 ~OR THREE Y.EARS~=. ATTORNEY TORPY ASKED NR.,.GREGORIS i!~='HE HAg NOTIFIED :BY AN EMPLOYEg'OF THE CITY THAT MR~ MILlikAN DID' NOT HAVE '.CHg' PROPER L~CENSE TO BE HORKiNG IN THE CITY= OF~ SEBASTIAN&. THE ANSWER HAS YES. MR'.. GR'ECvORI.S SAiD. THAT H'E NOTiF.IEDM~. · MiLLIGAN THAT HE HAD 'TO GET HIS:=LI<~EHSE IN ORDER.. H~ SA.ID TH'AT .MR..NILLIGAN TOL~ HIM THAT i.T"'~A8 TAKEN CARg. O~. rAND.THAT HE TOOK HtN-AT HIS.'.HORD. ATTORNEY TORPY ASKED MR..MILLI~AN=.TO CONE UP TO 'THE CHAIRNAN LANAN REMINDED HiN"THAT .H~ HAS STILL. MR. MILLIGAN TOLD PACE 2.000 THAT HE WOULD HAVE HIS LiiCENSE TAKEN CARE OF BEFORE THE NEXT ATTORNEY TORPY REQUESTED THAT A FZV'~ M-INUTE RECESS BE TAKEN. RECESSED AT 8~35 P.M. ~" REOPeNED'AT 8.t40 P.M. WITH ALL PRE~[qT. ATT~NKY TORPY SAID THAT ~ITH REGARD WITH THE NOTICE OE VIOLATION FOR SEC. 7-'~00(1) WHICH IS THE SUBJECT FOR TH-IS gVEN.INGS HEARiNg, THE .CITY A.T THIS 'TINg IS GOIN~'~Tt TRE~,=R CHARGE A~ ~OOLD~RE0.OB8~ T'~.AT THE .BOARD TAK'~E kW PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/14/92 MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT TH~ BOARD TAKE NO ACTION ON THE CASE OF HARVEY HOEHNEN, VIOLATION $'EC. ?-~00(~), WILLFUL AND DELIBERATE D~SREGARD"OF THE BU.~LD.I_NG CODES. DXSCUSSION~ MR. HANEY ASKED IF THIS WAS FOR BOTH CASE'S,, ATTORNEY TORPY SAID THIS WAS JUST FOR THIS EVENINGS HEARING BUT ON BOTH CASES. VICE CHAIRMAN DERNBACH ASKED ATTORNEY TORPY THAT HAVING BID WORK FOR PACE 2000 AND HAVING NOT GOTTEN THE CONTRACT~ IF HE SAW A CONFLICT OF INTEREST. ATTORNEY TORPY 8AID THAT HE SHOULD DECLARE A POTENTIAL ~NFLICT BUT THAT DOES NOT PROHIBIT YOU FROM VOTING ON THIS ROLL CALL= AYES~ MR.. NEUBERGER MR. CAPP VICE CHAIRMAN DERNBACH CHAIRMAN LAMAN NAYs MR. HANEY STEVE NAGLE/DRYWALL WORLD 1626 BARBER STREET CHAIRMAN LAMAN SWORE IN STEVE NAGLE. NOTION CARRIED. MR. NICHOLSON GAVE A RUN DOWN OF THE CASE' MR. NAGLE NOTED THAT HE DOES ON~q A SPRAY RIG BUT THAT~THEY WERE. NOT USING IT AT THE TIME'OF THE VIOLATION:. THIS CASE iNVOLVED THE USE OF A.C. DRYWALL AND SPRAY, INC. WHICH AT THE TIME WAS NOT LICENSED IN THE CITY OF SEBASTIAN. THE CASE OF A.C. DRYWALL WENT BEFORE THE BOARD AT THEIR MAY 12TH MEETING AND WAS FOOND IN VIOLATION OF NOT BEING LICENSED IN THE CITY OF SEBASTIAN. SI'NCE'~THAT TIME. THEY HAVE COME IN AND'~'-EN~WED THE. IR LICENSE AND ARE CURRENTLY UP TO DAT~. PAGE ? SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING FINDING OF FACT MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN DSRNBACH TO FIND MR. STEVE NAGLE GUILTY OF VIOLATING SEC 7m~99(B), USE OF UNLICENSED PEOPLE, GUILTY OF SEC. 7-100(2), AIDIN~ AND ABETTING AND DROP THE CHARGES ON 7-100(1), WILLFUL AND DELIB. ERATE DISREGARD OF THE BUILDIN~ CODES. MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY VICE CHAIRMAN DERNB.ACH THAT.- WE FINE DRYWALL WORLD, STEVE NAGLE, FOR VIOLATION OF 7-99(B), THE~SUM OF $150.00 AND VIOLATION OF 7-~00(2), $~00.00. MOTION CARRIED. MR. NAGLE FELT THAT THE FINES WERE EXCESSIVE. FELT THE BOARD NAS LENIENT, CHA IR~#AN! L&MAN PAT FINNIGAN (JOHN P. FINNIGAN) 590 BROWNING TERRACE CHAIRMAN LAMAN SWORE IN MR. JOHN P. FINNIGAN. MR.. FINNI.GAN TOLD THE BOARD THAT HE DID CLEAR THE LOT THAT AT' THE TIME HE DID NOT KNO# A LAND CLEARING NEEDED. ~S FAR AS LICENSING, THE CONTRACT WAS SIGNED AETNA ENTERPRISES WAS QUALIFIED BY JOHN P. FINNIGAN HE DECIDED NOT TO BUILD ANYMORE AND DECIDED TO GIVE'.IT TO HIS SON. THE OUES.?I.ON AROSE AS TO WHEN JOHN P. FINNIGAN III CLAWED BE~.I.NG'.THE~QUALIF,IER FOR AE.~NA ENTERPRISES. MR:. NICHOLSON GAVE A ROM DOWN OF THE CASE. F.}NDING OF FACT MOTION BY MR. HANEY, SECONDED BY~.MR. CAPP THAT WE FSND' JOHN P. FINNIGAN GUILTY OF VIOLATION 7-43, NO PERMIT AT S90 BRO#NING TERRACE. MOTION CARRIED. MOTION BY MR. HANES, SECONDED BY MR. CAPP TO FINE MR. J~HN PATRICK FINN~iAN ~.S0.O0 FOR VIOLAT$.ON OF 7-4~, NO ~ERMIT. VICE CHAIRMAN DERNBACH SUGGESTED THAT THE BOARD FINE ~ WITH $100.00 SUSPENDED. '.~Et'~HID!WITHDRAWN BY MR. CAPP. MOTION WITHDRAWN BY MR. HANEY. SEBASTIAN CONSTRUCTION BOARD - REGULAR NEETING - 7./14/:92 NOTION BY VICE CHAIRMAN DgRNBACH, SECONDED BY NE..HANEY THAT IN VIEW OF THE FINDINGS OP PACT, MR. FINNIGA~ .BE FINE .... $15-0.O0, $1OO.00 SUSPENDED FOR VIOLATION OF SEC. 7-&3- SEB'A!~IAN CODE OF ORDINANCES. MOTION CARRIED. THE. NEXT PART OF THE CASE HAD TO DO WITH AETNA WITHOUT HAVING A LICENSED QUALIFIER, MR. COOPER S'UGGESTED THAT THIS CASE BE CONTINUED AND',ALSO BRING BACK NE. FINNIGAN III AND WILL ALSO VERIFY WITH, TH.E VICE CHAIRMAN DERNBACH POINTED OUT THAT REGARDLESS OF THE S,TATi. US OF THE QUALIFIER FOR AETNA, ~T THE TIME THE CONTRACT FOR ,THE CONSTRUCTION WAS SIGNED, IT WAS A CONTRACT EITHER WRITTEN OR 'VERBAL., ENTERED INTO BETWEEN AETNA ENTERPRISES AND RELIABLE SOMETIME PRIOR TO THE 13TH OF FEBR'O&RY, 1992'.,~.#HICH ALSO.VIOLATES A SECTION OF' THIS CODE. NE, COOPER ASKED MR, FINNIGAN THAT ~T THE TINE HE CALLED' RELIABLE, IF HE' WAS REPRESENTING AETNA. MR, FINNIGAN SAID YES. MR. FINNIGAN 'ALSO SAID THAT.THERE WAS NO AETNA TIME. MR. COOPER NOTED THAT AT TIME HE WAS ACTING AS UNLI.~ENSED CONTRACTOR. MR, COOPER SAiD THAT IN VIEW OF WHAT WAS J0ST SAID HE' DID .NOT FEEL NR. FINNIGAN NEEDED TO BE CALLED BACK SINCE HE ADMITTING THAT AT THE TINE HE CALLED AND ACTED AS CONTRACTOR FOR AETNA, THERE WAS NO AETNA. CHAIRMAN LANAN SUGGESTED THAT JOHN FINNIGAN III BE WHAT DATE DI'D HE STOP QUALIFYING AETNA. AND WHEN DID HE, START INDIAN RIVER CARPENTRY, HE FE~T JiOHN SHOULD BE ASKED TO BACK BEFORE THE BDARD JUST TO GIVE THE BOARD SONg D~TES. NR. COOPER SAID HE ST'ILL #ANTED TO GET SOME VERIFICAT.I, ON THE STATE SINCE THERE WAS A CONFLICT BETWEEN THE TESTIMONIES. (JOHN FINNIGAN III ~APPEARED BEFORE TH'g BOARDAT THg.-NA¥ 1.2TH NESTING.) NOTION 'BY NE. N~UBgRGgR, SECONDED BY NE. CAPP THAT,THIS CASE BE.CONTiNUED U.N~ILii~E CAN CHECK INTO PROPER RECORDS!AND.~..DATES AND GET ALL TH~ D~.CKS IN A ROW. MOTION CARRIED. NR..:~..~OO~ER ASKED NE. FINN'IGAN IS HE WAS WILLING TO .W&IVE HIS .. RTS~S:,'TO BE NOTIFI,ED OF THE NEXT NEETING OR DO WE NKED TO ~'~.gRVE HIM. HE SAID'HE WOULD BK THERE. PAGE 9 SEBASTIAN CONSTRUCTION BOARD - R~GULAR MKETING - 7/1.4./9'2 HOWARD J. TReMBLE/SCREEN BLDRS. II, INC. 1t0 FILBERT STREET MR. COOPER TOLD THE BOARD THAT HE WITHDREW THIS CA.SZ~...PRON AGENDA. IT WAS A NATTER OF A PERMI.T NOT BEING OBTA~D..'.AND SINCE IT WAS A FIRST TINE OFFENSE, STANDARD PR~EDUR~.."g~S TO PAY..A DOUBLE FEE. LUKE PERINCEK/LUKE'S PAINTING CO.~ 1101FELLSMERE RD., SEBASTIAN LAKES MR. PERINCEK WAS NOT PRESENT AT THE MEETING. MR. NICHOLSON DID A i%ECAP ON THE CASE. FINDINGS OF PACT MOTION BY MR. HANEY, SECONDED BY MR. CAPP THAT WE FEND LUHE PERINCEK OF LUKE'S PAINTING CO. GUILTY OF THE FOLLOg'ING VIOLATIONS, 7-99(A), NO LICENSE, 7-100(1), WILLFUL AND DELIBERATE DISREGARD OF THE BUILDING CODES AND 7-100(2)., AIDING AND ABETTING, THIS HAVING'OCCURRED AT SEBASTIAN,s:LAKES CONDO UNITS, 1'~01FELLSMERE ROAD, CiTY OF SEBASTIAN,'. VICE CHAIRMAN DERNBACH FELT THE CHARGES SHOULD BE DONE~ITH SEPARATE MOTIONS. HE FELT THE BoARD COULDN T P~OVE #IiL~FUL AND DELIBERATE AND HE ALSO Q~EST'IONED AIDING AND A~ETT'ING. MR. CAPP WITHDREW HiS SECOND. MR. HANEY gITHDREW HIS NOTION. MOTION BY MR. HAN.~Y, SECONDED BY MR. NEUBERGER THAT ~ FIND LUK..E PERINCEK OF LUKE'S PAINTING' GUILTY OF VIOLATION' OF 7- 99(A), NO LICENSE, MOTION CARRIED. MOTION BY VICE CHAIRMAN DERNBACH THAT WE FINE MR, L~K~ PERINCEK OF L~KE'S PAINTING CO. $-150.00 FOR ViOLATION~AT SEBASTIAN LAKES LOCATED AT 1101 FELLSMERE ROAD, CITY OF SEBASTIAN FOR VIOLATION OF 7-99(A) AND THAT MR. P~RI:NCEK IS NOT ELIGIBLE FOR A 8EJ~STIAN LICENSE UNTIL ALL FINES ARE PAID AND WE FURTHER ORDER~"".~ASE AND~DESiST ORDER FOR MR'. PERINCEK OR HI~ CO%I~NY DOING ANY WORK IN SEBASTIAN, MOTION CARRIED.. PAGE ~0 SEBASTIAN CONSTRUCTION BOARD - R~GULAR MEETING - 7/14/92 MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. HANEY THAT THIS BOARD FINDS NO FURTHER ACTION AGAINST LUKE PERINCEK FOR VIOLATION 7-100(1) OR 7-100(2) OF THE SEBASTIAN CODE OF ORDINANCES IN THIS MATTER. MOTION~CARRIED MR. NEUBERGER VOTED NAY. RUSS THISTLE il01FELL.SMERE ROAD, SEBA8TIAN LAKES FINDINGS OF FACT MOTION BY MR. HANEY, SECONDED BY VICE CHAIRMAN DERRBACH THAT NE FIND HR. THISTLE IN VIOLATION OF 7-99(A), UNLICEN.8'ED SOB- CONTRACTOR AT l'101 FELLSMERE ROAD, CITY OF SEBASTIAN, SEBASTIAN LAKES CONDOS. .MR. HANEY STATED THAT MR, THISTLE WAS ON THE JOB, HE WAS CHEMICALLY WASHING THE SHINGLES AS PER CONTRACT TO DO THE PAINTING. MR. THISTLE SAID HE DID NOT WORK FOR LUKE'S PAINTING, THAT'PUTS HIM AS A PR~P MAN FOR THE PAINTING, AS PER THE CONTRACT. MR. COOPER STATED THAT SINCE THE BOARD DID NOT TAKE ACTION "~GAINST LUKE PERINCEK FOR AIDING AND ABETTING OR WILLFUL DISREGARD OF THE BUILDING CODES' THAT IT WOULD BE HARD TO FIND MR. THISTLE IN VIOLATION. ALSO, EVEN THOUGH THERE WAS A CONTRACT FOR PAINTING, HE WAS ONLY ON THE JOB DOX~N~ CLEANING. THE BOARD CAN NOT PROVE THAT HE WAS ~OING PAINT. VICE CHAIRMAN DERNBACH WlTHDRIW'H-IS' SECOND, MR. HANEY WITHDREW HIS MOTION, MOTION BY VICE CHAI.RNAN DERNBACH, SECONDED BY MR. HANIY THAT Wg FIND NO.CAUB~ FOR ACT. ION AGAINST MR. RUSS THISTLE IN THIS ROLL CALL~ AYES: MR. HANEY MR. CAPP VICE.CHAIRMAN DERNBACH CHAIRMAN LAMAN NAY ~ MR. NEUBERGER MOTION . PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 7/14/92 JULIUS WILLIAMS/J.W. CONTRACTORS 874.GRANDIN AVE. MR. WILLI. AMS WAS NOT PRESENT AT. THE MEETING. MR. NICHOLSON GAVE. A ROM DO#N ON THE CASE. FINDINGS OF FACT MOT~ON BY MR. ~HANEY, SECONDED BY VICE CHAIRMAN DERNBACH.THAT WE FIND .J.W. CONTRACTORS, JULIUS wILLIAMS, QUALIFIER, iiN~ VIOLATION OF SEC, ?-20(A), NO BUILDING PERMIT, SEC. ?'~99'(A), NO LICENSE, AND SEC. 7-100(1), WILLFUL AND DELIBERATE Di~,gREGARD FOR THE BUILDING CODES. MOTION CARRIED. MOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. NEUHERGER TO FINE J.W'. CONTRACTORS, $180.00 FOR VIOLATING SEC'. NO ~ILDING PERM. IT AT 874 GRANDIN AVE., $150.00 FOR SEC. 99(A), NOT HAVING A LICENSE AND ACTING AS A CONTRACTOR AT-THE ABOVE REFERENCED ADDRESSED AND THAT WE FINE THEM .$..~0.00 FOR VIOLATION OF SEC. ?-100(1), WI'LLF'uL AND DELIBERATBi:~.ISRK(~ARD, OF THE'.BUILDING CODES, SPECIFICALLY FOR NOT HAvING. Ai~:BUiILDiNG PE~!t~T AGAIN ~T TH~ ~BOW SE~CED ADDreSS. MOTION CARRIED. NOTION BY VICE CHAIRMAN DERNBACH, SECONDED BY MR. HAJ~JEY THAT J.W. CONTRACTORS NOT BE ALLOWED TO 'APPLY FOR A LICENSE OR ANY PERMITS IN THE CITY OF SEBASTIAN NOR SHALL THEY DO ANY WORK IN.THE CITY OF SEBASTIAN UNTIL THESE FINES ARE PAID..,' MR. NEUBERGER SUGGESTED THAT CO~I"ES OF ALL ORDERS BE GI,VEN TO BREVARD, ST. LUC.IE AND INDIAN RIVER COUNTIES. NOTION, CARRIED. REOUEgT TO-ADDRESS THE BOARD - MICHAEL. W. HOLBRIDGE MR. HOLBRIDGE REMOVED HIS REQUEST'TO SPEAK TO THE'IOARD. DI.S~USSION~ FEES/~ERMITS HAVING JUST COME BACK FROM VACATION, MR. COOPER. TOLD THE BOARD THAT HE REALLY #AHN'T PRediCAtED TO GIVE MUCH INFORMA~ION. SEBASTIAN CONSTRUCTION BOARD - H.EGOL.AR MEETING - ~/~/9.2 MR. COOPER SUGGESTED THAT MR. HANEY AND MR. NEUBERGER WRITE DOWN SOME SU~ESTIONS AND GIVE ~HEM TO THE BOARD .SECRETARY TO TYPE AND ALSO GET A COPY OF THE FEE STRUCTURE FROM INDIAN RIVER COUNTY. THESE ALCH~G WITH RECOMMENDATIONS FROM STAFF ON FEBS./:'PERMITS WILL BE BROUGHT BACK BEFORe' THE BOARD SG,,..,~HAT THB.¥'WILL HAVE SOHZTHING TO LOOK AT. DISCUSSlON~ FENCXN~ AROUND ABOVE GROUND POOLS MR. COOPER NOTED THAT A SPBCIPIC SECTION OF THE CODE, R~QUIRES A SWIMMIN~ POOL TO BE SCREENED OR FENCED IN. THE: PREVIOUS BUILDING OFFICIAL I,NTERPRETED THAT I.F THERE WAS A POLD UP LABDgR, THAT WAS OKAY.. M~, COOPER FEELS THAT THAT CAN NOT BE iNTERPRBTBDINTO.THE CODES. WHAT HAPPENS IT THEY FORGET TO PULL THE LADDER IN THE PAST, WE.-.HAVE ACCEPTED THAT TREY PENCE AROUND LADDER PROVIDED THE ABOVE GROUND POOL IS AT LEAST ABO~E THE GROUND. POLLO#lNG A LENGTHY DISCUSSION, NO RECOMMENDATION ~AS' MADE BY THE ,BOARD. BLOCK EXAM SCORES FOR THE BLOCK EXAM WERE REGISTERED,.IN THE SCORE BOOK BY VICE CHAIRMAN Dg'RNBACH AND MR. CAPP. 15 MINUTES TO THE PUBLIC MR. KAVENAUGH REQUESTED .THAT HIS APPLICATION FOR WINDO#8, DOORS AND GARAGE DOORS BE REVIE#ED BY THE BOARD. A LS~ER OF RECIPROCITY WA'8 WiTH HIS APPLICAT~I. ON. 'MR. COOPER TOLD THE BOARD TH/~T MR. KAVENAUGH HAD TAKBN',THB ~N~AL ~AL~¥ ~AM AN~ THAT THE TRADES HE WAN~'"TO,~ BE LZ~.Q~NSED,FOR ~LL CAME ~NDER THAT EXAH. BECAU'Sg OF THXS~HE ~EL.T~",THAT ONLY ONE APPLICATION FEE AND ONE LICENSE FBB SHOULD BE CHARGED, AND THE/LICENSE WOULD-SHOW BOTH CATEGORIES° MR. KAVENAOGH ALSO DOES WIRE SHBLVIN~ AND ASKED THE BOARD IF A LICENSE WAS NEEDED FOR THIS ~YPE' OF WORK. MOTION BY VICE CHA'~RMAN DERNBACH, SECONDED BY MR. HANEY TRAT THE BOARD AT THI.8".T.IME FINDS THERE IS NO REASON TO ISSUE A SPECIALTY L~CENSE TO INSTALL MB~AL SHELVING. NOT I ON CARR I ED· SEBASTIAN CONSTRUCTION.BOARD - REGULAR MEETING - 7/14/92' NOTION BY VICE CHAIRMAN DERNBACHv SECONDED BY NRi HANEY THA~ THIS BOARD ESTABLISHES A GENERAL POLICY THAT IN CASE8 LIKE THIS, WHERE T#O LICENSES ARE A~KED ~OR, BUT THEY REQDIRE THE SAME:TEST, THAT AN APPLICATION PEE BE CHARGBD JUST FOR. THE TEST, BUT THE LICENSE.~KE BE CHARGED FOR EACH CATE~:~TH.~E LICENSEE SEEKS 'TO BE LICENSED'UNDER. ROLL CALL~ AYES~ HR. HANBY ViCE CHAIRMAN DERNBACH CHAIRMAN LANAN NAYs MR. NEUBKRGER HR. CAPP MOTION CARRIED. LgTT'ER OF RECIPROCITY FOR HR. KAVENAOGHz NOTION BY HR. H,N~Y, SECONDED BY VICE CHAIRMAN DERN~ACH THAT WK ACCEPT MR. KAVKNAU~H'$ LETTER OF RECIPROCITY. MOTION CARRIED. THERE BEING NO F.URTHKR BUSINEgH, NEETIN~ ADJOURNED SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING JUL_._.~Y ldr 1992 - 7=30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES= REGULAR MEETING - 6/9/92 OLD BUSINESS= NEW BUSINESS~ BLOCK EXAM ANDERSON-SMITH, MERVYN./.RESIDENTIAL CONTRACTOR MCCULLY, WILLIAM/ROOFING UNLIMITED NETTLES, WILLIS R./LANDCLEARING, GRADING REINHARD, RAY/GLASS & GLAZING RICHARSON, DARRELL/STUCCO/PLASTERING BLOCK EXAM - GAINESVILLE STUTLER, WILLSON/PAINTING ORAL EXAM - GAINESViLLE POLLY, DONNIE/ROOFING UNLIMITED LETTER OF RECIPROCITY WARREN, DANNY/PLUMBING CONTRACTOR CHANGE OF STATUS BRACKETT, TOM/DRYWALL HARSH, RODERICK/ALARM CONTRACTOR VIOLATION HEARINGS HARVEY E. KOEHNEN/PACE 2000 1673 BARBER ST. HARVEY E. KOEHNEN/PACE 2000 1620 STONECROP ST. PAGE 2 VIOLATION HEARINGS cont LUKE PERINCEK/LUKE'S PAINTING CO. 1101 FELLSMERE RD., SEBASTIAN LAKES RUSS THISTLE 1101PELLSMERE RD., SEBASTIAN LAKES STEVE NAGLE/DRYWALL WORLD 1626 BARBER STREET PAT FINNIGAN ~90 BROWNING TERRACE JULIUS WILLIAMS/J.W. CONTRACTORS 874 GRANDIN AVE. HOWARD J. TRIMBLE/SCREEN BLDRS. II, INC. 110 FILBERT STREET REQUEST TO ADDRESS THE BOARD - MICHAEL W. HOLBRIDGE DISCUSSIONs FEES/PERMITS DISCUSSIONs FENCING AROUND ABOVE GROUND POOLS RECORD SCORES IN SCOREBOOK ATTORNEY MATTERS~ 1~ 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 I8 BASED. CONAGEN.DOC City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 POBLIC 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, JULY 14, 1992 AT 7t30 P.M. iN THE CITY COUNCIL CHAMBERS. SEBASTIAN CONSTRUCTION BOARD NOTE: IF ANY PERSON DECIDE8 TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, ME/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, #HICH RECORD iNCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.