Loading...
HomeMy WebLinkAbout08091988 City of Sebastian POST OFFICE BOX 780127 ;3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SABASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, AUGUST 9, 1988 AT 7=30 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI, SECRETARY 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. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING AUGUST ~ 1988 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - 7/5/88 OLD BUSINESS: LIBRIE vz AMERON HOMES, INC. LANE vs MERCEDES HOMES, iNC. BASSI vs CLASSIC BUILDERS, INC. SANDY v~ CLASSIC BUILDERS, INC. BUILDING OFFICIAL vs RICHARD MAXWELL ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS: NEW BUSINESS: LETTER OF RECIPROCITY ARCHER, MICHAEL A./ELECTRICAL CONTRACTOR MURPHY, MICHAEL P./ELECTRICAL CONTRACTOR BLOCK EXAM - SEBASTIAN - SEPTEMBER BARNETT JR., JACK E./CARPENTRY WHITACRE, RANDY C./CARPENTRY HOLLENBECK, DENNIS/PAINTING ROSCOE, JOHN E./PAINTING BANGERT, JOHN R./JOURNEYMAN ELECTRICIAN FLOOD JR., DOUGLAS B./JOURNEYMAN ELECTRICIAN SMALLWOOD, DUANE R./JOURNEYMAN ELECTRICIAN DIPIETRO, ROBERT/JOURNEYMAN ELECTRICIAN WILSON, WILLIAM C./JOURNEYMAN PLUMBER PROBST, JOHN E./CONCRETE:PLACING.& FINISHINg. ~ ..~. RICHARDSON, KENNETH P./ELECTRICAL CONTRACTOR DISCUSSION: GIVING BOARD SUBPOENA POWER TWO VOLUNTEERS FOR BLOCK EXAM - SEPTEMBER 10TH REGISTERING SCORES IN SCORE BOOK 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. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING - AUGUST 9,. 1988 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN CAREY AT 7:30 P.M. ROLL CALL: PRESENT: MR. CAPP MR. DERNBACH MR. HALLGREN CHAIRMAN CAREY ABSENT: VICE CHAIRMAN LAMAN EXCUSED MR. GREENIDGE - UNEXCUSED MR. COOPER WELCOMED AND INTRODUCED ATTORNEY KREUZKAMP TO THE BOARD AT WHICH TIME EACH BOARD MEMBER INTRODUCED THEMSELVES. ALSO PRESENT: BRUCE COOPER, BUILDING OFFICIAL; PAUL KREUZKAMP, JR., ASSISTANT CITY ATTORNEY. APPROVAL OF MINUTES MOTION BY MR. HALLGREN, SECONDED BY MR. DERNBACH TO ACCEPT THE MINUTES OF MEETING HELD 7/5/88 AS WRITTEN. CARRIED. OLD BUSINESS: LIBRIE vs AMERON HOMES, INC. MR. COOPER TOLD THE BOARD THAT AMERON HOMES DID TAKE CARE OF THE SITUATION. THE BOARD SECRETARY STATED THAT MR. LIBRiE HAD INFORMED HER THAT HE WAS SATISFIED WITH WHAT HAD BEEN DONE. SHE REQUESTED THAT HE ATTEND THE MEETING OR GIVE THE BOARD SOMETHING IN WRITING SO THAT THE CASE COULD BE CLOSED. MR. LIBRIE WAS NOT IN ATTENDANCE AT THE MEETING AND THAT A LETTER HAD NOT YET BEEN RECEIVED. LANE vs MERCEDES HOMES, INC. MR. LANE AND A REPRESENTATIVE FOR MERCEDES HOMES WERE PRESENT. CHAIRMAN CAREY SWORE IN MR. LANE. MR. LANE GAVE A BREAKDOWN OF HIS COMPLAINTS. ALTHOUGH MR. LANE STATED THAT ELECTRICAL OUTLETS WERE TO BE INSTALLED IN THE NORTH AND SOUTH ENDS OF THE SCREEN PORCH, LANE vs MERCEDES HOMES, INC. cont. MR. COOPER POINTED OUT THAT THE BOARD MUST GO BY WHAT WAS ON THE CONTRACT AND THAT THE CONTRACT NOTED ONLY ONE GFI OUTLET ON THE PORCH. IT WAS NOTED THAT THE PROBLEMS STILL EXISTING WERE 1) BEDROOM WINDOW NOT LOCKING; 2) PORCH LEAKING; 3) CRACK IN THE SLAB; 4) LIGHT OVER SINK. TOM FINLEY, CONSTRUCTION SUPERVISOR FOR MERCEDES HOMES WAS SWORN IN. MR. FINLEY WENT OVER THE CONTRACT AND WHAT WAS DONE ACCORDING TO THE ADDENDUM. ATTORNEY KREUZKAMP SUGGESTED THAT FOR THE RECORD, THAT MR. COOPER REASK THE QUESTION WITH REGARD TO THE DANGLING ELECTRICAL AND PHRASE IT AS TO WHETHER OR NOT MR. FINLEY KNOWS FROM HIS OWN PERSONAL KNOWLEDGE THAT THERE ARE UNCONNECTED ELECTRICAL WIRES. MR. COOPER ASKED MR. FINLEY AND HE SAID YES. MR. COOPER ASKED MR. LANE IF THERE WAS A WIRE DANGLING IN THE CABINET. MR. LANE SAID NO THERE WAS NOT. FOR THE RECORD IT WAS NOTED THAT PALM BAY SUPPLY, INC. ADDED THE SCREEN PORCH TO THE HOUSE. JIM BUESCHER, MERCEDES HOMES IN MELBOURNE WAS SWORN IN. MR. BUESCHER SAID. THE PROBLEM WOULD BE RECTIFIED BUT DID NOT FEEL IT WAS NECESSARY TO REBUILD THE WHOLE PORCH. TERRY GOWEN, PALM BAY SUPPLY WAS SWORN IN. HE STATED HE FELT THE POOR INSTALLATION OF THE WINDOWS WAS PART OF THE PROBLEM AS FAR AS THE LEAKAGE ON THE PORCH WAS CONCERNED. MR. BUESCHER AGREED WITH MR. GOWEN. MR. COOPER RECOMMENDED TO ALLOW MERCEDES TO RECONSTRUCT AS PRESCRIBED ON THE TAPE, REFERENCE THE SCREEN ROOM WITHIN A CERTAIN PERIOD OF TIME - 30 DAYS TO CORRECT THE PROBLEM. ALSO CORRECT THE BEDROOM WINDOW AND FIX THE CRACK IN THE SLAB. RULING OF FACT: MR. COOPER CONCURRED THAT THERE IS A LEAK. THERE ARE NO CODE VIOLATIONS CONCERNING ELECTRICAL. ALSO, FORM 200 SERIES, SOLUTION SHEET PERTAINING TO COLOR SELECTION WAS SIGNED BY MR. & MRS. LANE. MR. LANE VERIFIED THIS. MOTION BY MR. HALLGREN THAT MR. LANE AND MERCEDES HOMES COME BACK NEXT MONTH TO GET AN OUTCOME ON THE ALUMINUM ROOM AND LANE v~ MERCEDES HOMES, INC. cont. SEE WHAT WAS DONE TO CORRECT IT. TO HAVE THE SCREEN ROOM REPAIRED IN 30 DAYS AND HAVE A REINSPECTION DONE. ATTORNEY KREUZKAMP NOTED THAT TWO SEPARATE MOTIONS NEEDED TO BE MADE: 1) BOARD FINDS THERE IS A LEAK; 2) MOTION ON WHAT NEEDS TO BE DONE. MR. HALLGREN WITHDREW HIS MOTION. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP THAT IN VIEW OF THE EVIDENCE ENTERED THIS EVENING THAT WE FIND THERE IS A LEAK ON THE PORCH OF MR. LANE'S HOUSE. CARRIED. MOTION BY MR. HALLGREN, SECONDED BY MR. CAPP THAT WE HAVE MR. LANE AND MERCEDES HOMES BACK AT THE SEPTEMBER MEETING AND THAT REPAIRS BE DONE AND REINSPECTED BY THEN. MR. DERNBACH ADDED TO HIS MOTION THAT 30 DAYS BE GIVEN TO CORRECT THE PROBLEM. MR. GOWEN NOTED THAT IT HAD BEEN SCHEDULED FOR LAST TUESDAY AND THAT MR. LANE ASKED IT BE HELD OFF UNTIL THIS MEETING. MR. COOPER VERIFIED THAT MR. LANE DID CANCEL. CARRIED. SANDY vs CLASSIC BUILDERS, INC. MR. SANDY WAS SWORN IN. THERE WAS A BRIEF DISCUSSION GOING OVER THE EXISTING COMPLAINTS. ATTORNEY KREUZKAMP NOTED THAT THE BOARD WAS EMPOWERED TO TAKE ACTION AGAINST CODE VIOLATIONS ONLY. MR. COOPER ADVISED THE BOARD THAT NONE OF THE COMPLAINTS WERE CODE VIOLATIONS AND ADVISE THE BOARD NOT TO TAKE ACTION. CHAIRMAN CAREY TOLD MR. SANDY THAT HE WOULD NEED TO TAKE ACTION AGAINST THE BUILDER HIMSELF. ATTORNEY KREUZKAMP ADVISED MR. SANDY THAT IF HE WAS GOING TO TAKE LEGAL ACTION TO CONTACT AN ATTORNEY IMMEDIATELY BECAUSE .OF A POSSIBLE STATUTE OF LIMITATION PROBLEM AND THAT HE SHOULD TAKE A COPY OF THE LETTER DATED 11/87. BUILDING OFFICIAL vs RICHARD MAXWELL MR. COOPER GAVE A BRIEFING ON THE CASE. SOME OF THE BRiEFiNG WAS FROM HIS OWN KNOWLEDGE AND HE WAS SWORN IN AT THAT TIME. MR. MAXWELL WAS SWORN IN. IT WAS NOTED THAT MR. MAXWELL WAS HAND DELIVERED A COPY OF THE REPORT DISCUSSED BY MR. COOPER. MR. MAXWELL ADMITTED THAT WHAT HE HAD DONE WAS WRONG AND THAT HE WAS IN THE PROCESS OF CORRECTING THE PROBLEMS. HE HAD A BUILDING CONTRACTOR TO PULL THE PERMIT AND DOUBLE PERMIT FEES WERE PAID. EVERYTHING WAS BEING DONE ACCORDING TO CODE. MR. COOPER POINTED OUT THAT THE CASE WAS ON WHAT WAS DONE NOT WHAT WAS BEING DONE NOW. ' IT WAS NOTED THAT MR. MAXWELL IS A STATE CERTIFIED PLUMBING CONTRACTOR. MR. MAXWELL ADMITTED THAT NO PERMIT WAS PULLED AND ALL THE WORK WAS DONE BY RELATIVES AND FRIENDS TO BUILD THE LIVING QUARTERS OVER THE STORE. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP, REFERENCE FINDING OF FACTS, THAT MR. MAXWELL VIOLATED STANDARD BUILDING CODE, SEC. 103 BY FAILING TO OBTAIN A BUILDING PERMIT; VIOLATED CHAPTER 489 OF THE STATE STATUTES AND ARTICLE 7, CITY CODE, ACTING BEYOND THE SCOPE OF HIS LICENSE; VIOLATED SEC. 7-43, CITY CODE, AND NATIONAL ELECTRICAL CODE, FAILING TO OBTAIN AN ELECTRICAL PERMIT; VIOLATED SEC. 103, CITY CODE AND STANDARD PLUMBING CODE, FAILING TO OBTAIN A PLUMBING PERMIT; FAILED TO OBTAIN A MECHANICAL PERMIT, SEC. 103, STANDARD MECHANICAL CODE; VIOLATED CHAPTER 489 OF THE STATE STATUTES, ART. 7, CiTY CODE, EXCEEDING SCOPE OF HIS LICENSE FOR ACTING AS A HARV CONTRACTOR; VIOLATING ALL STANDARD CODES BY NOT HAVING PROPER INSPECTIONS. CARRIED. MR. COOPER RECOMMENDED A PERIOD OF TIME BE GIVEN FOR NOT PULLING PERMITS AS A DETERRENT TO OTHER CONTRACTORS THAT THIS NOT BE TAKEN LIGHTLY. ' MOTION BY MR. DERNBACH TO RESTRICT THE RIGHT TO PULL PERMITS FOR 180 DAYS, WHICH WILL BE SUSPENDED IF HE COMPLIES WITH THE BUILDING OFFICIAL'S RECOMMENDATIONS IN REGARDS TO THE VIOLATIONS IF DONE WITHIN 90 DAYS. MOTION DiED FROM LACK OF SECOND. MOTION BY MR. CAPP TO SUSPEND RICHARD MAXWELL'S PERMIT PULLING WITHIN OUR CITY UNTIL OUR NEXT REGULAR SCHEDULED BUILDING OFFICIAL vs RICHARD MAXWELL cont. BOARD MEETING. AT THAT TiME WE WILL SEE IF HIS PERMIT WAS DENIED OR ACCEPTED AND WITH THAT INFORMATION, WE WILL DECIDE IF WE WILL WITHDRAW OUR SUSPENSION . IT WAS NOTED THAT A SPECIFIC TIME SHOULD BE PUT IN THE MOTION. MR. CAPP WITHDREW HIS MOTION. MOTION BY MR. CAPP TO SUSPEND RICHARD MAXWELL'S PLUMBING LICENSE, NOT BE ALLOWED TO PULL PERMITS IN THE CITY FOR A PERIOD OF 4S DAYS, PROVIDED THAT SHOULD HE COMPLY WITH THE REQUIREMENTS OF THE BUILDING DEPARTMENT WITHIN 30 DAYS AND DEMONSTRATE SUCH COMPLIANCE TO THE BOARD AT ITS NEXT REGULARLY SCHEDULED MEETING, THE SUSPENSION OF PRIVILEGES WILL BE TERMINATED. MOTION DIED FOR LACK OF SECOND. MOTION BY MR. HALLGREN, SECONDED BY MR. DERNBACH TO SUSPEND MR. MAXWELL'S PERMIT PRIVILEGES FOR A PERIOD OF 6 MONTHS IF HE DOES NOT COMPLY WITHIN 30 DAYS TO ALL BUILDING DEPARTMENT REGULATIONS AS FAR AS REMODELING THE MAXWELL BUILDING ALONG WITH A RECOMMENDATION TO DPR WITH THE VIOLATIONS STATED. CARRIED. ATTORNEY MATTERS: MR. KREUZKAMP MADE THE FOLLOWING RECOMMENDATIONS: 1) COMPLAINTS BE TYPED IF THERE IS GOING TO BE A HEARING. 2) COMPLAINT SWORN TO IN FRONT OF A NOTARY. 3) A FORMAL COMPLAINT BE DRAFTED AND GIVEN TO A CONTRACTOR BASED UPON INFORMATION GIVEN TO THE CITY STAFF. A RECESS WAS TAKEN AT 9:40 P.M. MEETING REOPENED AT 9:53 P.M. WITH ALL PRESENT. DISCUSSION: GIVING BOARD SUBPOENA POWER MR. COOPER TOLD THE BOARD THAT AT THIS TIME THE BOARD DOES NOT HAVE SUBPOENA POWER AND ASKED PERMISSION TO DIRECT ATTORNEY KREUZKAMP TO DO RESEARCH AND PROPOSE AN ORDINANCE TO ALLOW SUBPOENA POWER BE PUT IN THE CODE. THE BOARD AGREED. MR. HALLGREN AND MR. DERNBACH VOLUNTEERED TO MEET THE BOARD SECRETARY 9/10/88 AT THE COMMUNITY CENTER TO REGISTER APPLICANTS FOR THE BLOCK EXAM. MR. COOPER, REFERENCE THE OLD BUSINESS OF BASSI vT CLASSIC BUILDERS, THAT SINCE MR. BASSI WAS NOT PRESENT, TO POSTPONE IN LIGHT OF WHAT THE ATTORNEY SAID ARE CONTRACTUAL MATTERS. MOTION BY MR. DERNBACH, SECONDED BY MR. HALLGREN TO POSTPONE MR. BASSI'S COMPLAINT UNTIL THE SEPTEMBER MEETING. CARRIED. ATTORNEY KREUZKAMP RECOMMENDED THAT SINCE MR. HUSSAIN SUBMITTED A LETTER APPROXIMATELY 9 DAYS PRIOR TO THE MEETING, SAYING HE WOULD NOT BE AVAILABLE AND WOULD LIKE THIS SET FOR ANOTHER TIME, SUGGESTED THE CLERK, BY CERTIFIED MAIL, NOTIFY MR. HUSSAIN OF THE SEPTEMBER MEETING. 15 MINUTES TO PUBLIC DUANE HUFFMAN QUESTIONED THE REQUIREMENTS OF A NON-STRUCTURAL ALUMINUM CONTRACTOR. COULD HE USE SCHOOLING AND WORKING WITH ALUMINUM AIRCRAFT AS PART OF THE PROOF OF EXPERIENCE? FOLLOWING A BRIEF DISCUSSION, IT WAS DETERMINED THAT THE BOARD NEEDED TO HAVE THE APPLICATION IN FRONT OF THEM IN ORDER TO MAKE A DECISION. MR. COOPER SAID HE WOULD BE GLAD TO GO OVER THE APPLICATION AND MAKE RECOMMENDATIONS. APPROVAL OF APPLICATIONS LETTER OF RECIPROCITY MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO APPROVE MICHAEL A. ARCHER, ELECTRICAL CONTRACTOR AND MICHAEL P. MURPHY, ELECTRICAL CONTRACTOR TO BE LICENSED THROUGH LETTER OF RECIPROCITY. CARRIED. BLOCK EXAM - SEBASTIAN - SEPTEMBER MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO APPROVE JACK 2. BARNETT JR., CARPENTRY, RANDY C. WHITACRE, CARPENTRY, HOLLENBECK, DENNIS, PAINTING, JOHN E. ROSCOE, PAINTING, DOUGLAS B. FLOOD JR., JOURNEYMAN ELECTRICIAN, ROBERT DIPIETRO, JOURNEYMAN ELECTRICIAN, WILLIAM C. WILSON, JOURNEYMAN PLUMBER, JOHN E. PROBST, CONCRETE-PLACING & FINISHING, KENNETH P. RICHARDSON, ELECTRICAL CONTRACTOR TO TAKE THE BLOCK EXAM TO BE GIVEN 9/10/88 IN SEBASTIAN, FLORIDA. CARRIED. MOTION BY MR. DERNBACH, SECONDED BY MR. HALLGREN TO APPROVE JOHN R. BANGERT, JOURNEYMAN ELECTRICIAN, AND DUANE R. APPROVAL OF APPLICATIONS cont SMALLWOOD, JOURNEYMAN ELECTRICIAN TO TAKE THE BLOCK EXAM TO BE GIVEN 9/10/88 IN SEBASTIAN, FLORIDA CONTINGENT UPON SIGNATURES BEING NOTARIZED. CARRIED. MR. COOPER TOLD THE BOARD THE CITY COUNCIL ADOPTED THE ORDINANCE REQUIRING JOURNEYMAN ELECTRICIANS AND PLUMBERS BE ON THE JOB AT ALL TIMES, EFFECTIVE OCTOBER 1, 1988. LETTERS WERE SENT OUT TO ALL CONTRACTORS INVOLVED. A FORM WAS PASSED OUT TO BE GIVEN TO NEW HOMEOWNERS AS TO WHAT THEIR RIGHTS ARE. THIS WOULD BE MADE INTO A RESOLUTION. MR. COOPER DISCUSSED THE NEW BUDGET WHERE THE BLOCK EXAMS ARE CONCERNED. HE STATED THAT IF THE BUDGET GETS TOO TIGHT, WE WOULD STOP SPONSORING CONTRACTORS TO TAKE THE EXAM IN GAINESVILLE. MR. DERNBACH AND MR. CAPP REGISTERED SCORES IN THE SCOREBOOK. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED AT 10:35