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HomeMy WebLinkAbout08111992SEBASTIAN CONSTRUCTION BOARD MINUTES OF MEETING HELD___~_~_~__~.~7- APPROVED AT MEETING HELD ...... _~_ ~l~_~___. SEBASTIAN ~0NOTRUCTION BOARD REGULAR MEETING AUGUST llr 1992 - 7~30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN LAMAN AT 7:4~ P.M. (MEETING WAS DELAYED I,N STARTING' DUE TO A LACK OF' QUORUM.) ROLL CALL: PRESENT: MR. MOSBY MR. NEUBERGER MR. HANEY CHAIRMAN LAMAN ABSENT: MR. KELLEY - EXCUSED MR. CAPP - EXCUSED VICE CHAIRMAN DERNBACH - EXCUSED ALSO PRESENT: MR. COOPER, BUILDING OFFICIAL; MR. BONACCI, CHIEF BUILDING INSPECTOR; MR. NXCHOLSON, CODE ENFORCEMENT OFFICER. VIOLATION HEARINGS TONY IACOVEI'LLO 909 LANCE STREET LET THE RECORD SHOW THAT MR. XACOVBILLO'S CASE WiLL BE PUT ON THE SEPTEMBER AGENDA. MR. IACOVEILLO STATED THAT HE~ WOULD BE ON VACATION AND NOT PRESENT AT THE MEETING. ANDRE J. DORAWA/ANDO CORPORATION ~34 WATERCREST CHAIRMAN LAMAN SWORE IN MR. DORAWA. MR. NICHOLSON GAVE A RUN DOWN O~ THE CASE. MR. COOPER TOLD THE BOARD THAT HE HAD SPOKEN TO MR. DORAWA AND THAT' HE WAS BEFORE THE BOARD IN COMPLETE ADMISSION TO THE SITUATION. MR. DORAWA TOLD THE BOARD THAT HE WAS THE QUALIFIER FOR ANDO CORPORATION. HE STATED THAT HE HAD NOTIFIED MR. FERRIS THAT HE WOULD BE BUILDING IN SEBASTIAN AND ASKED HIM TO GET A LICENSE IN THE CITY OF SEBASTIAN. MR. FERRIS DID NOT HAVE HIS LICENSE. IN THE CITY OF SEBASTIAN AT TH~ TIME THE WORK WAS DONE. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING FINDINGS OP PACT 8/11/92 MOTION MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE"FIND ANDO CORPORATION GUILTY OP SEBASTIAN CODE OP ORDINANCE 7-99(B), HIR~Na UNLICENSED CONTRACTOR. MOTION CARRIED. MOTION BY MR. HANEY, SECONDED BY MR. MOSBY THAT WE DISMISS THE CHARGE OF 7-1.O0(1), WILLFUL DISREaARD FOR CODE AND 7- 100(2), AIDING AND ABETTING. MR. NEUBERGER STATED THAT HE PELT THAT 7-99(B) AND 7-100(2) GO HAND IN HAND. ROLL CALL~ AYE: MR. MOSBY MR. HANEY CHAIRMAN LAMAN MR. NEU'BERGER MOTION CARRIED. NAY= MOTION BY MR. HANEY, SECONDED BY MR.. MOSBY THAT HE FINE ANDO BUILDIN~ CORPORATION FOR VIOLATION OF SEBASTIAN CODE OF ORDINANCE 7-99(B) $150.00 AT THIS TIME. MR. MOSBY MR. NEUBER~ER MR. HANEY CHAIRMAN LAMAN MOTION CARRIED. ROLL CALL: AYE~ BOB FERRIS/BOB FERRIS DRYWALL 334 WATERCREST MR. FERRIS WAS NOT SERVED HI'S PAPERWORK AND THEREFOR~ WAS NOT IN ATTENDANCE AT THE MEETINg. ANDRE J. DORAWA/ANDO CORPORATION 139 ~FILBERT STREET/9?9 ~ARDENIA STREET MR. NICHOLSON aAVE A RUNDOWN OF THE CASE. MR. coOPER ASKED MR. JACgK RABINSKI TO COME TO THE MIC. CHAIRMAN LAMAN SWORE IN MR. RABINSKI. MR. RABINSKI TOLD THE BOARD THAT HE WAS THE FOREMAN AND SUPERINTENDENT, T~.AT HE WAS HIRED AS THE MAIN CARPENTER.' HE -SAID HE HAD WORKED FOR ANDO ABOUT FIVE WEEKS. SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETiN~ - 8/"I1/92 MR. RABINSKI SAID THAT HE WAS NOT LICENSED HERE, THAT HE WAg FAIRLY NEW IN THE COUNTRY. IT WAS NOTED THAT HE HAD LIABILITY AND WORKMANS COMP. IT WAS ALSO NOTED THAT MR. RABIN~KI HAD SIGNED A #AI~.ER OF RIGHTS AND THAT HE WAS AT THE ME~ING ON,HIS OWN VOLZTION. MR. RABINSKI SAID THAT HE OBJECTED TO THE MEMO. HE SAID. THAT HE WAS NEVER PAID CASH AND THAT HE HAD COPY OF CHECKS[. HE SAID THAT MR. HCKENNA SIGNED A W-9 FORM WHEN HE WAS HIRED. MR. RABINSKI SAID THAT HE DID THE HIRING OF THE INDIVIDUALS WHO WORKED FOR ANDO. MR. DORAWA PAID MR. RA~BINSKI AND IN TURN MR. RABINSKI PAID THE INDIVIDUALS. HE GAVE COPIES OF SOME OF THE CHECKS TO MR. COOPER. THE CHECKS WERE IN HIS NAME. THE CHECKS FOR MR. MOLE, MR. MCKENNA, MR. WATSON AND MR. GRACE WERE ~LL ~AID THROUGH MR. RABINSKI'S "BUSINESS". MR. COOPER ASKED IF HE WAS AWARE OF THE LICENSING REQUIREMENTS IN THE STATE OF FLORIDA. MR. RABINSKI SAID THAT HE HAD BEEN IN BUSINESS FOR ABOUT 4 1/2 YEARS AND THAT HE ALWAYS WAS PAID IN REGARDS TD THE W-9 FORM. MR. BRANDON WATSON WAS CALLED TO THE MIC AND WAS SW.ORN IN BY CHAIRMAN LAMAN. MR. WATSON TOLD THE BOARD THAT'HE HAD WORKED FOR ONLY THREE WEEKS AS A LABORER AND THAT HE HAD FILLED OUT W-9 FORM. HE THOUGHT HE WAS JUST AN EMPLOYEE~ HE WAS PAID BY C~ECK WITH NO WITHHOLDINGS TAKEN OUT. MR~ PAT HCKENNA WAS CALLED TO THE MZC AND WAS SWORN~IN BY CHAIRMAN LAMAN. HR. MCKENNA SAID THAT HE WAS PAID BY THE HOUR. HE' THOUGHT HE SIGNED A W-~ FORM. MR. COOPER SHOWED A W-~ FORM. NO WITHHOLDINGS WERE TAKING O~T. HE STATED THAT HE WAS FIRED AND NO LONGER EMPLOYED. PAGE 4 SEBASTIAN CONGTRUCTION BOARD - REGULAR MEETING - 8/11/92 FINDINGS OF FACT - 139 FILBERT MOTION BY R. HANEY, SECONDED BY MR. NEUBERGER THAT WE DROP ALL CHARGES AGAINST BRANDON WATSON FOR VIOLATION OF' CODE OF ORDINANCE 7-99(A), UNLICENSED CONTRACTOR, 7-100(1), ~LLFUL ,.DISREGARD OF THE BUILDING CODIS. ROLL CALL ~ AYE.' MR. MOSBY MR. NEUBERGER MR. HANEY CHAIRMAN LAMAN NAY= NONE MOTION CARRIED. FINDINGS OF FACT - 979 GARDENIA MOTION BY MR. HANEY, SECONDED BY MR. NEUBERGER DROP THE CHARGES ON 979 GARDENIA AGAINST BRANDON WATSON, AGAIN 7- 99(A), 7-100(1) AND ALSO' PATRICK MCKENNA FOR 7-99(A), UNLICENSED CONTRACTOR AND 7-100(1), WILLFUL DISREGARD AND AL:gO ON HIM AT ~39 FILBERT STREET. ROLL CALL= AYE~ MR. MOSBY MR. NEUBERGER MR. H'ANEY CHAIRMAN LAMAN NAYs NONE MOTION CARRIED. FINDINGS OF FACT - 139 FILBERT MO~ION BY MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE FiND ANDO CORPORATION GUILTY OF VIOLATION OF SEBASTIAN CODE OF ORDINANCE 7-99['B), 'UTILIZING SERVICES OF UNLICENSED PERSONS, 7-100(1), WILLFUL DISREGARD OF BUILDING CODES AND 7-100(2), AI. DtNG AND ~BETTING. ROLL CALL= AYE= MR. MOSBY MR. NEUBERGER MR. HANEY CHAIRMAN LAM~N NAY= NONE MOTION CARRIED. SEBASTIAN CONSTRUCTION BOARD - REGOLAR MEETINg - 86.11/92 MOTION BY MR, NEUBERgER, SECONDED BY MR. MOSBY THAT WE FINE MR. DORAWA OF ANDO BUILDINg CORPORATION $250.00 FOR VIOLATION OF 7-99(B), $250.00 FOR 7-I00(1) AND $250.00 FOR 7-100(2). ROLL CALL= AYE= MR. MOSBY MR. NEUBERgER MR'. H.ANEY CHAIRMAN LAMAN NAY~ NONE MOTION CARRIED. MOTION BY MR. NEUBERgER, SECONDED BY MR. HANEY THAT IN REGARDS TO MR. DORAWA OF ANDO BUILDINg CORPORATi.ON, THAT HIS PRIVILEGES IN THE CITY OF SEBASTIAN OF POLLINg PERMITS CEASE UNTIL HIS FINES ARE 'PAID. . MOTION CARRIED. FINDINgS OF FACT - 979 GARDENIA STREET NOTION BY MR, HANEY, SECONDED BY MR. NEUBERgER THAT WE 'FIND ANDO BUILDINg CORPORATION GUILTY OF VIOLATIONS OF ~-~9.(B), 100(i) AND 7-100(2) AT 979 gARDENIA STREET. ROLL CALL= AYE= MR. MOSBY MR, NEUBERgER MR. HANEY CHAIRMAN LAMAN NAY= NONE MOTION CARRIED. MOTION MR. HANEY, SECONDED BY MR. NEUBERGER THAT WE'.~'INE ANDO BUILDINg CORPORATION FOR VIOLATION OF 7-99[B), SBOO.OO~ .?- i00(1), $S00.O'0, AND ?-100(2),.~$500.00 AND NO BUILDINg PERMITS WILL BE ISSUED UNT'IL~T,HE' FINES ARE PAID. ROLL CALL= AYE{ MR. MOSBY MR. NEOBERgER MR. HANEY CHAIRMAN LAMAN NAY~ '...NONE NOTION CARRIED.. PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 8/12/.92' JACK RABINSKI HR. COOPER REMINDED THE BOARD THAT. MR. RABINSKI SIGNED A WAIVER OF DUE PROCESS AND THEREFORE HIS CASE COULD BE,DEALT WITH BY THE BOARD. FINDINGS OF FACT - 139 FILBERT/9?9 GARDENIA MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT' WE_FIND JACEK G. RABINSKI IN REFERENCE TO TWO ANDO JOBS AT 139 FI~B'ERT AND 979 GARDENIA, THAT WE FIND HIM GUILTY OF ?-99(A), ACTING AS AN UNLICENSED CONTRACTOR, ?-99(B), HIRIN~ AN UNLICENSED CONTRACTOR, 7-100(1), WILLFUL DISREGARD OF BUILDIN~ CORDS AND 7-100(2), AIDING AND ABETTING. ROLL CALL: AYEs MR. MOSBY MR. NEUBERGER MR. HANEY CHAIRMAN LAMAN NAYs NONE MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY MR. MOSBY THAT WE FINE MR,, JACEK RABINSKI $50.00 ON THE CHARGE OF 7-99(A), UNLICENSED CONTRACTOR, $5'0.00 ON THE CHARGE, HIRING AN UNLICENSED CONTRACTOR, (7-99(B)), $1.00 ON THE CHARGE OF WILLFUL DISREGARD TO THE BUILDING CODES, (7-100(1)), AND $$0.00 ON 7-1OO(2), AIDING AND ~BETT.ING ON BOTH LOCATIONS, COMBINED. ROLL CALL: AYE: MR. MOSBY MR, NEUBERGER NAY: MR. HANEY CHAIRMAN LANAN NO ACTION TAKEN. MOTION BY MR. HANEY, SECONDED. BY MR. MOSBY THAT FINE MR. RABINSKI $150.00, 7-99(A), UNLICENSED CONTRACTOR, $150,00 FOR 7-99(B), UTILIZING SERVICES OF UNLICENSED PERSONS, $i50.00 FOR WILLFUL DISREGARD, 7-100(1), AND' $:~80.00 FOR 7-100(2), AND THAT IS PER LOCATION? A-'BRIEF DISCUSSION FOLLOWED. PA~E 7 SESASTIAN ~ONSTRUCTION ~OARD - REGULAR MEETING - 8/1'.l/92 CHAIRMAN LANAN NOTED THAT THE PINE TOTALED $1,200.00. MOTION TO AMEND BY MR. HANEY, SECONDED BY MR. MOSSY THAT WE SUSPEND OF THE $1,200.00 TOTAL, TO SUSPEND $800.00 AND IF THERE ARE FURTHER VIOLATIONS IN SIX MONTHS THE FINE WILL BE $400.00 WHICH 'WILL BE $50.00 PER OCCURRENCE, PER HOOSE.~ THE MOTION WAS CLARIFIED THAT THE $400.00 WAS THE .EXIS'~ING FINE AND THAT IF THERE WERE ANY VIOLATIONS WI.T.H~N THE NEXT SIX-MONTHS, THE SUSPENDED $800.00 WOULD B~COME AN ACTIVE ROLL CALL: AYE:- MR. MOSSY MR. HANEY CHAIRMAN LAMAN NAY: MR. NEUBERGER MOTION CARRIED. ORIGINAL MOTION: ROLL CALL: AYE: MR. MOSBY MR. HANEY -CHAIRMAN LAMAN NAY~ MR. NEUB:ER~ER MOTION CARRIED. MR. NEUSERGER SUG~ES'TED THAT P~RTINENT PARTS OF THIS'- TESTIMONY SHOULD BE FORWARDED TO THE IRS,' TO THE STATE OF FLORIDA, UNEMPLOYMENT COMMISSION AHD STATE OF FLORIDA WORKMAN'S COMPENSATION COMMISSION.. MR. COOPER SUggESTED THAT THE BOARD SECRETARY SEND THE-OROER A~O ANY PERTINENT DATA THAT WAS .S.U~TT.~D-'AS FACT AND ~.E MINUTES TO ALL THOSE AGENCIES. JAMES R. GRACE 1..3'9~FILBERT ST./979 GARDENIA ST. MOT'I.ON BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT ALL CHAR~ES IN REGARD TO. JA~'ES R. GRA,~E BE DROPPED. MOTION CARRIED. SEBAS~,AN CONSTRUCTION BOARD ',- REGULAR MEETING - 8'/~1/92 DISCUSSION: WAIVING OF FEES - H.L. TREMBLAY MR. TREMBLAY SPOKE TO THE BOARD ABOUT THE APPLICATION PROCESS REQUIRED IN SEBASTIAN. HIS MAIN CONCERN WAS IN REGARDS TO SOMEONE WHO HAS PASSED THE TEST AND IS LICENSED BUT CAN NOT' PROVE THE REQUIRED EXPERIENCE. WHEN HE WAS TESTED I'N ST. LUCIE COUNTY THEY DID NOT REQOIRE VERIFICATION OF EX~.RIENCE. XE TOLD THE BOARD THAT HIS FAT~BER,'XAD BEEN IN BUSI, NES. S FOR THIRTY-FIVE AND. THAT HE HAD WORKED FOR HIS FATHER ~LL 'THROUGH HIGH SCHOOL AND COLLEGE. CHAIRMAN LAMAN SAID-THAT HE WAS SURE HIS (TREMBLAY)~ FATHIR CO~D PROBABLY DOCUMENT THREE'YEARS OF EXPERIENCE.. APPROVAL OF .MINUTES= 7/1'4/92 NOTION BY MR. NEUBE.RGER, SECONDED B.Y MR. HANEY TO APPROVE THE MZNUTES.~OF THE-PREVIOUS MEETING AS WRITTEN. MOTION CARRIED. .D~SCUSS..ION= FEES./PERNITS MR,'COOPER ASKED THAT THIS BE CARRIED OVER TO THE SEPTEMBER #R. NEUBERGER ASKED ABOUT THE MEMO FROM KAY O'H.ALLORAN, CITY CL~RK IN REGARDS TO A SEMINAR. HE ASKED IF THE cIT'¥'fI~)ULu ' MR. COOPER SAID THE CITY WOULD PAY ANY ASSOCiATED.FEES FOR ONE MEMBER. MR. NEUBERGER SAID HE WOULD LIKE ~O VOLUNTEER AND WAIVE THE '~JR D.I~M SINCE HE HAS RELATIVES',IN ORLANDO. MR. NOSBY SAID HE WOULD ALSO LIKE TO GO, BUT THAT HE,.'WO~LD GO ON HIS OWN. MR. COOPER SAID HE DIDN'T THINK THERE ~O,U~D BE A PROBLEM FOR THE BOARD TO PAY FEES FiOR BOTH. MR. NEUBERGER AND MR. MOSBY REGISTERED SCORES IN THE SCORE BOOK. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED'AT 10~00 P.M. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING AUGUS.__~T 11, 1992 - 7=30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES~ OLD BUSINESS: NEW BUSINESS~ VIOLATION HEARINGS TONY IACOVIELLO 908 LANCE STREET ANDRE J. DORAWA/ANDO CORPORATION 334 WATERCREST BOB FERRIS/BOB FERRIS DRYWALL 334 WATERCREST ANDRE J. DORAWA/ANDO CORPORATION 139 FILBERT ST./979 GARDENIA ST. PATRICK W. MCKENNA 139 FILBERT ST./979 GARDENIA ST. BRANDON WATSON 139 FILBERT ST./979 GARDENIA ST. JANES R. GRACE 139 FILBERT ST./979 GARDENIA ST. DISCUSSION: FEES/PERMITS DISCUSSION: WAIVING OF FEES - H.L. TREMBLAY RECORD SCORES IN SCOREBOOK ATTORNEY MATTERS: 15 MINUTES TO PUBLIC ADJOURN REGULAR MEETING - 7/14/92 PAGE 2 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 HAY 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 o FAX (407) 589-5570 PUBLIC MEETING CITY OF SEB~S'T.IAN 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, AUGUST 11, 1992 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.