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HomeMy WebLinkAbout09121989 SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING SEPTEMBER ~ 1989 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES ~ REGULAR MEETING - 8/8/89; JOINT MEETiNG/CITY COUNCIL - 8/30/89 OLD BUSINESS: ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS: NEW BUSINESS: LETTER OF RECIPROCITY DAVIS JR., JAMES A-/PLUMBING CONTRACTOR TRECHOK, JAMES A-/PLUMBING CONTRACTOR BARKWELL, ANTHONY H-/PLUMBING CONTRACTOR CHANGE FROM AN INDIVIDUAL TO A CORPORATION EDWARDS, JAMES E./HARV "B" CONTRACTOR DISCUSSION: HALL, MORRIS/VINYL SIDING (CARPENTRY) DISCUSSION: LICENSING OF MILDEW CONTROL BESS, ALFRED/MILDEW CONTROL COMPLAINTS AGAINST CONTRACTORS - USE OF UNLICENSED SUBS TOZZOLO, WAYNE/ TOZZOLO BROS. CONSTRUCTION CO. BUESCHER, SCOTT/MERCEDES HOMES, INC. HUFFORD, LARRY/LIFESTYLE HOMES OF PALM BAY, INC. DISCUSSION: ORDINANCE FOR UNLICENSED SUBS ACCEPT RESIGNATION - TOM CHEATHAM 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 OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT'A VERBATIM I~D OF:'THE 'pRocEEDiNGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING SEPTEMBER i2. 1989 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN CAREY AT 7:30 P.M. ROLL CALL: PRESENT: MR. NEUBERGER VICE CHAIRMAN LAMAN MR. CAPP MR. DERNBACH CHAIRMAN CAREY ABSENT: NONE ALSO PRESENT: BRUCE COOPER, CITY ATTORNEY NASH APPROVAL OF MINUTES MOTION BY MR. NEUBERGER, SECONDED BY MR. DERNBACH TO APPROVE THE MINUTES OF REGULAR MEETING HELD 8/8/89. CARRIED. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. NEUBERGER TO APPROVE THE MINUTES OF A JOINT MEETING WITH CITY COUNCIL HELD 8/30/89. CARRIED. NEW BUSINESS: LETTER OF RECIPROCITY DAVIS JR., JAMES A./PLUMBING CONTRACTOR TRECHOK, JAMES A./PLUMBING CONTRACTOR MOTION BY MR. NEUBERGER, SECONDED BY VICE CHAIRMAN LAMAN TO APPROVE APPLICATIONS THROUGH LETTER OF RECIPROCITY. CARRIED. BARKWELL, ANTHONY H./PLUMBING CONTRACTOR (MR. BARKWELL WAS NOT PRESENT AT THE MEETING.) MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. NEUBERGER TO TABLE APPLICATION PENDING PROPER PAPER WORK. CARRIED. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - g/12/Sg NEW BUSINESS cont CHANGE FROM AN INDIVIDUAL TO A CORPORATION EDWARDS, JAMES E./HARV "B" CONTRACTOR MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. NEUBERGER TO APPROVE APPLICATION TO CHANGE FROM INDIVIDUAL TO CORPORATION, CARRIED. HALL, MORRIS/VINYL SIDING (CARPENTRY) MR. HALL iS APPLYING FOR A SUB-CONTRACTOR LICENSE, BUT DUE TO A QUESTION CONCERNING HIS CREDIT REPORT HiS APPLICATION WAS BROUGHT BEFORE THE BOARD. MR. HALL WAS NOT ABLE TO ATTEND THE MEETING AND AT HIS REQUEST ASKED TO BE PUT ON THE OCTOBER AGENDA. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. CAPP TO TABLE APPLICATION UNTIL THE OCTOBER MEETING. CARRIED. COMPLAINTS AGAINST CONTRACTORS - USE OF UNLICENSED SUBS TOZZOLO, WAYNE/TOZZOLO BROS. CONSTRUCTION CO. CHAIRMAN CAREY SWORE IN MR. TOZZOLO. MR. COOPER TOLD THE BOARD THAT THE CONTRACTORS BEING BROUGHT BEFORE THE BOARD DID NOT WILLFULLY DO ANYTHING WRONG. ALL WE ARE TRYING TO DO IS SHOW THE PROCEDURE WE MAY HAVE TO GO THROUGH TO ELIMINATE THE PROBLEMS. ALL THREE CONTRACTORS HAVE LEGITIMATE ANSWERS TO WHAT THEY FEEL WAS THE PROBLEM. MR. COOPER ADVISED WHAT COULD BE DONE IF WE DO FIND THEM IN VIOLATION OF CITY CODE. WE CAN GO TO DPR BASED ON OUR FACT FINDINGS HERE IF WE DO FIND SOMEONE IN VIOLATION. ATTORNEY NASH STATED THE BOARD WOULD NEVER HAVE THE AUTHORITY TO REVOKE OR SUSPEND A STATE CERTIFiCATiON. PENALTIES CAN BE IMPOSED AGAINST STATE CERTIFIED CONTRACTORS AND SUB- CONTRACTORS. YOU DO NOT HAVE THE AUTHORITY TO ENFORCE THE STATE STATUTES UNLESS THEY ARE INCORPORATED INTO THE ORDINANCES. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 9/12/89 TOZZOLO, WAYNE, cont IT WAS NOTED THAT THERE ARE CERTAIN PENALTIES THAT COULD BE IMPOSED UNDER SEC. 7-99, 7-100. THE PENALTIES ARE IN SEC. 7- 100, SUB PARAGRAPH C. ONLY OUR LOCAL CERTIFICATE OF COMPETENCY HOLDERS CAN BE SUSPENDED OR REVOKED. MR. COOPER TOLD THE BOARD THAT AS FAR AS THE THREE CASES BEING HEARD WERE CONCERNED, THE BOARD CAN STILL INVESTIGATE AND iF WRONGFUL DOING iS FOUND, THE COMPLAINT CAN BE FORWARDED TO DPR. MR. NEUBERGER ASKED WHAT MR. TOZZOLO WAS IN VIOLATION OF. MR. COOPER STATED THAT MR. TOZZOLO USED KENNY GODFREY WHO IS NOT LICENSED IN THE CITY. MR. TOZZOLO TOLD THE BOARD THAT HE THOUGHT MR. GODFREY WAS LICENSED. MR. NEUBERGER ASKED WHY, WHEN FISCHER WAS LISTED ON THE PERMIT APPLICATION, HE CHANGED FROM FISCHER TO GODFREY. MR. TOZZOLO EXPLAINED THAT MR. FISCHER WAS 3 DAYS BEHIND SO HE HAD TO USE SOMEONE ELSE. IT WAS NOTED THAT MR. GODFREY HAULED FILL DIRT. MR. NEUBERGER SAID HE DID NOT FEEL HE WAS ACTING AS A SUB- CONTRACTOR, ONLY A DELIVERY MAN. IT WAS ALSO NOTED THAT THE HAULING OF DIRT COMES UNDER A SPECIFIC CATEGORY. MR. NEUBERGER FELT THAT IN THAT CASE, A PERSON WHO DELIVERS LUMBER SHOULD ALSO BE LICENSED. HE FELT THERE WAS NO CAUSE FOR ACTION SINCE MR. GODFREY WAS ONLY DELIVERING DIRT. VICE CHAIRMAN LAMAN FELT MR. TOZZOLO ACTED WITH NO INTENT OF MALICE AND NO FURTHER ACTION SHOULD BE TAKEN. HE FELT MR. GODFREY SHOULD BE LICENSED AS A SUB-CONTRACTOR. MOTION BY MR. CAPP, SECONDED BY MR. DERNBACH THAT NO ACTION BE TAKEN IN THIS MATTER. CARRIED. BUESCHER, SCOTT/MERCEDES HOMES, INC. CHAIRMAN CAREY SWORE IN MR. BUESCHER. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 9/12/89 BUESCHER, SCOTT cont IT WAS NOTED THAT MR. BUESCHER IS STATE CERTIFIED AND QUALIFIES MERCEDES HOMES. MR. COOPER STATED THAT MR. GEORGE FLETCHER HAD BEEN UTILIZED AS A SUB-CONTRACTOR ON VARIOUS HOMES. MR. BUESCHER TOLD THE BOARD THAT MR. FLETCHER DID WORK FOR THEM AS A SUB-CONTRACTOR. THAT MR. FLETCHER DID SAY HE WAS LICENSED AND GAVE A LICENSE NUMBER AND HE WAS LISTED ON THEIR PERMIT APPLICATION. CHAIRMAN CAREY ASKED IF MR. FLETCHER HAD INSURANCE. BUESCHER SAID THEY DID NOT HIRE SUBS UNLESS THEY HAD INSURANCE. MR. CHAIRMAN CAREY SWORE IN JIM BUESCHER, PRODUCTION MANAGER. JiM BUESCHER STATED THAT CHECKS WERE NOT ISSUED WITHOUT PROOF OF INSURANCE AND THE MR. FLETCHER WAS HIRED AS A SUB- CONTRACTOR AS WELL AS A SUPERVISOR. MR. COOPER NOTED THAT ACTION WOULD BE TAKEN AGAINST GEORGE FLETCHER THROUGH THE CODE ENFORCEMENT BOARD. JIM ,BUESCHER TOLD THE BOARD THAT THEY PAID MR. FLETCHER WHO IN TURN WAS SUPPOSE TO PAY A-1 PLASTERING TO DO THE WORK. A- l WAS NOT PAiD AND A LIEN WAS PUT AGAINST THE HOME. MR. COOPER ASKED THAT DOCUMENTS BE PROVIDED. IT WAS NOTED THAT THREE "PUNCHOUT" MEN WORKING AT 20~0 BARBER STREET WERE ON THE PAYROLL. SCOTT BUESCHER GAVE DOCUMENTS TO MR. COOPER SHOWING PAYROLL DEDUCTIONS FOR THE MONTH OF JULY. MOTION BY MR. CAPP, SECONDED BY MR. DERNBACH THAT THE MATTER BE FORWARDED TO DPR FOR FURTHER ACTION AND THAT THE CITY BE SUPPLIED WITH PAYROLL RECORDS, W-4 FORMS AND COPIES OF CONTRACTS. CHAIRMAN CAREY ASKED THE MOTION AND SECOND BE WITHDRAWN TO HEAR FROM A-1 PLASTERING. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 9/12/89 BUESCHER, SCOTT cont MR. CAPP WITHDREW MOTION, MR. DERNBACH WITHDREW' SECOND. CHAIRMAN CAREY SWORE IN DAVID PARREL, SUPERINTENDENT FOR A-1 PLASTERING. MR. PARREL TOLD THE BOARD THAT WHEN MR. FLETCHER APPROACHED A-1 PLASTERING, HE WAS AN EMPLOYEE OF MERCEDES HOMES. MOTION BY MR. CAPP, SECONDED BY MR, DERNBACH TO FORWARD COMPLAINT TO DPR AND REQUEST PAYROLL RECORDS, W-4 FORMS, CONTRACTS, INSURANCE AND DATES OF JOB IN QUESTION BE PROVIDED TO THE BUILDING DEPARTMENT. CARRIED. HUFFORD, LARRY/LIFESTYLE HOMES OF PALM BAY, INC. CHAIRMAN CAREY SWORE IN MR. HU~FORD. MR. COOPER NOTED THAT THIS CASE DEALT WITH THE HAULING OF FILL DIRT AS IN THE CASE OF MR. TOZZOLO. MOTION BY MR. CAPP, SECONDED BY MR. NEUBERGER TO TAKE NO ACTION. CARRIED. MR. COOPER SHOWED A SHORT FILM FROM. DPR SHOWING A "STING" OPERATION BEING DONE. A SHORT RECESS WAS TAKEN AT 9:35 P.M. MEETING REOPENED AT 9:47 P.M. WITH ALL PRESENT WITH THE EXCEPTION OF ATTORNEY NASH WHO LEFT DUE TO ILLNESS. DISCUSSION: LICENSING OF MILDEW CONTROL BESS, ALFRED/MILDEW CONTROL MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. NEUBERGER THAT MILDEW CONTROL BE LICENSED UNDER PRESSURE CLEANING AND ACCEPT APPLICATION PENDING A CREDIT REPORT. CARRIED. MR. COOPER ASKED IF HAULING SHOULD BE LICENSED, PAGE 6 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 9/12/89 DISCUSSION: SHOULD HAULING BE LICENSED cont THE BOARD SECRETARY STATED THAT AT THE PRESENT TIME, HAULING COMES UNDER THE CATEGORY OF LANDCLEARING, GRADING AND FILL. CHAIRMAN CAREY POINTED OUT THAT ON THE PERMIT APPLICATION, HAULING IS NOT MENTIONED. MR. COOPER SAID THAT THE APPLICATION COULD BE CHANGED. MOTION BY MR. DERNBACH, SECONDED BY VICE CHAIRMAN LAMAN TO LICENSE HAULING UNDER LANDCLEARING, GRADING AND FILL AND RECOMMEND TO CHANGE PERMIT APPLICATION TO REFLECT THE HAULING OF FILL. CARRIED. MR. COOPER ASKED THAT A LIST OF ALL SUBS LICENSED BE MADE AND BROUGHT BACK TO THE BOARD. LETTER OF RESIGNATION - TOM CHEATHAM MOTION BY MR. CAPP, SECONDED BY VICE CHAIRMAN LAMAN TO ACCEPT MR. CHEATHAM'S RESIGNATION WITH REGRET. CARRIED. DISCUSSION: ORDINANCE FOR UNLICENSED SUB-CONTRACTORS MR. CAPP REQUESTED A SPECIAL WORKSHOP TO DISCUSS THE PALM BEACH COUNTY ORDINANCE AND WORK ON AN ORDINANCE FOR THE CITY. A SPECIAL WORKSHOP WAS SET UP FOR 9/22/89 AT 7:00 P.M. SCORES WERE REGISTERED iN THE SCOREBOOK BY MR. CAPP AND MR. DERNBACH. THERE WAS PUBLIC INPUT FROM LARRY HUFFORD, LIFESTYLE HOMES AND DENNIS LEHTO, PAINTING SUB-CONTRACTOR. BOTH WERE IN AGREEMENT FOR THE NEED OF AN ORDINANCE TO USE FOR UNLICENSED CONTRACTORS AND GAVE THEIR SUPPORT. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED AT 10:50 P.M.