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HomeMy WebLinkAbout09131988 City of Sebastian POST OFFICE BOX 780127 n 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 SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, SEPTEMBER 13, 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 SEPTEMBER 13, 1988 - 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - 8/9/88 OLD BUSINESS: LIBRIE vs AMERON HOMES, INC. LANE vs MERCEDES HOMES, INC. BASSI vs CLASSIC BUILDERS, INC. BUILDING OFFICIAL vs RICHARD MAXWELL ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS: NEW BUSINESS: BLOCK EXAM - GAINESVILLE HELWIG, STEVEN J./PAINTING LETTER OF RECIPROCITY PALMATEER, EDDIE T./HARV "B" QUALIFYING NEW CORPORATION TRUNDLE, JACK M./GENERAL CONTRACTOR BRIDGES vs E & C ROOFING APPLICATION FOR BOARD MEMBER DISCUSSION - STEPHEN STILWELL 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,.~/SHE MAY NE~.D TO ~NSUR~ (,.4 . · ~(~, .-, ~- ~ RE_ORD ~_LUDE~ THE ~ESTIMONY iN EVIDENCE ON WHICH THE APPEAL I S BASED. SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING - SEPTEMBER ~ 1988 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN CAREY AT 7:30 P.M. ROLL CALL: ALSO PRESENT: OLD BUSINESS: PRESENT: MR. DERNBACH MR. CAPP VICE CHAIRMAN LAMAN MR. GREENIDGE MR. HALLGREN CHAIRMAN CAREY ABSENT: NONE ATTORNEY KREUZKAMP LIBRIE vs AMERON HOMES, INC. EACH BOARD MEMBER HAD A COPY OF A LETTER FROM MR. LIBRIE STATING THAT THE WORK HAD BEEN COMPLETED AND THAT HE WAS SATISFIED. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. HALLGREN TO ACCEPT MR. LIBRIE'S WRITTEN STATEMENT AS EVIDENCE THAT AMERON HOMES TOOH CARE OF THE INFRACTION UPON THEM. CARRIED. LANE vs MERCEDES HOMES~ INC. MR. LANE WAS SWORN IN. MR. LANE BROUGHT THE BOARD UP TO DATE WITH WHAT HAD BEEN DONE. THE COMPLAINT WAS THAT MERCEDES BUILT A PORCH THAT LEAKED. AT THE AUGUST MEETING THE BOARD DIRECTED MERCEDES TO REBUILD THE PORCH SO THAT IT DID NOT LEAK AND THAT IT WAS TO BE DONE BY TONIGHTS MEETING. THE PORCH WAS REBUILT BUT IT WAS NOTED THAT IT STILL LEAKED. HE STATED THAT NOTHING HAS BEEN DONE ABOUT THE LOCK ON THE BEDROOM WINDOW AND THAT THE CRACK IN THE PORCH HAS NOT BEEN FIXED. TOM FINLEY, CONSTRUCTION SUPERVISOR FOR MERCEDES HOMES WAS SWORN IN. LIBRIE vs MERCEDES HOMES, INC. cont. MR. FINLEY GAVE THE BOARD SECRETARY TWO ADDENDUM, THE ORIGINAL AND A COPY WITH CHANGES THAT WERE MARKED EXHIBITS A & B. PICTURES WERE ALSO GIVEN TO THE SECRETARY TO BE MARKED AS EXHIBITS C & D. IT WAS MR. FINLEY'S OPINION THAT THE WINDOWS ON THE PORCH DO NOT LEAK. THEY JUST WERE NOT CLOSED ALL THE WAY. HE ALSO TOLD THE BOARD THAT THE CRACK IN THE CEMENT WAS NOT A CRACK BUT A COLD JOINT WHERE AN EXTRA FOOT OF CONCRETE WAS ADDED. MR. FINLEY SAID HE WAS NOT AWARE OF THE LOCK IN THE BEDROOM. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. CAPP TO READ THE MEMO FROM BRUCE COOPER, BUILDING OFFICIAL, INTO THE MINUTES. CHAIRMAN CAREY ASKED ATTORNEY KREUZKAMP WHERE THE BOARD SHOULD GO FROM HERE. ATTORNEY KREUZKAMP SAID FIRST IT HAD TO BE DETERMINED IF THE EVIDENCE WAS SUFFICIENT IN FRONT OF THE BOARD TO INDICATE THERE IS A CODE VIOLATION. HE NOTED THAT THERE WAS TESTIMONY, PHOTOGRAPHS AND DOCUMENTS TO HELP MAKE THAT DETERMINATION. OTHER OPTIONS IF EVIDENCE IS INCONCLUSIVE IS THAT THE PERSON BRINGING THE COMPLAINT BEFORE THE BOARD HAS NOT PREVAILED BUT IS BURDENED OR DOING WHAT IS NECESSARY TO GET THE EVIDENCE AND HAVE MR. BONACCI WHO INSPECTED THE PORCH WHEN THE WORK WAS DONE APPEAR BEFORE THE BOARD. CARRIED. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. GREENIDGE TO ASK MR. LANE TO EXTEND THE COURTESY TO HAVE A REPRESENTATIVE FROM MERCEDES HOMES AND THE BUILDING INSPECTOR MEET AT MR. LANES AND TURN A GARDEN HOSE ON THE PORCH TO SEE IF THERE IS STILL A LEAK AND IF IT STILL LEAKS LET MERCEDES HOMES FIX IT. ATTORNEY KREUZKAMP POINTED OUT THAT TWO MOTIONS WERE NEEDED. 1) THE EVIDENCE WAS INCONCLUSIVE AS TO WHETHER OR NOT THERE IS A LEAK AND IF THAT MOTION PASSES, 2) WHAT TO DO TO REMEDY THE PROBLEM. VICE CHAIRMAN LAMAN WITHDREW HIS MOTION, MR. GREENIDGE WITHDREW HIS SECOND. MOTION BY VICE CHAIRMAN LAMAN THAT THERE NEEDS TO BE A LANE vs MERCEDES HOMES, INC. cont. DETERMINATION WHETHER THERE IS A LEAKING CONDITION ON MR. LANE'S PORCH. CHAIRMAN NOTED THAT A MOTION WAS NEEDED TO DETERMINE IF WE HAVE ENOUGH EVIDENCE TO SAY THERE IS A LEAK. VICE CHAIRMAN WITHDREW HIS MOTION. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. HALLGREN THAT BASED ON THE EVIDENCE BROUGHT TO THE BOARD THAT THERE IS INCONCLUSIVE EVIDENCE THAT THERE IS A LEAK. CARRIED. MR. LANE INVITED ANYONE TO COME TO HIS HOME AND TURN A HOSE ON THE PORCH SO THAT THEY CAN SEE THE LEAK. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. GREENIDGE TO ASK FOR A BUILDING INSPECTOR ALONG WITH MR. FINLEY AND MR. LANE TO GO TO THE JOB, TEST FOR A LEAK USING A GARDEN HOSE AND REPORT BACK TO THE BOARD WITH THEIR FINDINGS. CARRIED. BASSI vs CLASSIC BUILDERS, INC. MR. BASSI WAS SWORN IN. MR. BASSI GAVE THE BOARD SECRETARY PHOTOGRAPHS TO BE MARKED AS EXHIBITS 1 THROUGH 26. MR. BASSI STATED THAT SOME OF THE CODE VIOLATIONS STILL EXIST AND THOSE THAT WERE FIXED WERE NOT FIXED PROPERLY. HE EXPLAINED THAT THE ROOF STILL LEAKS CAUSING A PROBLEM NOT TO BE ABLE TO USE THE LIGHT IN THE UTILITY ROOM AND THE CEILING IS STAINED FROM LEAKAGE. MR. HUSSAIN WAS SWORN IN. MR. GREENIDGE ASKED MR. HUSSAIN'S OPINION OF THE SIDING. MR. HUSSAIN SAID HE AND MR. BASSI SHOULD WORK TOGETHER AND CONTACT THE SIDING MANUFACTURER. MR. HUSSAIN SAID THAT HE HAD CONTACTED U.S. PLYWOOD AND THEY INSPECTED THE WOOD. THEY SAID THERE WERE DEFECTS IN TWO OF THE SIDINGS. MR. HUSSAIN STATED THAT AS FAR AS THE ROOF IS CONCERNED THAT HE KNEW OF ONLY ONE LEAK AND THAT THE LEAK WAS FIXED. BASSI vs CLASSIC BUILDERS, INC. cont. MR. GREENIDGE READ A MEMO FROM MR. COOPER INTO THE MINUTES PERTAINING TO THIS CASE. (MEMO ATTACHED TO MINUTES) FINDING OF FACTS: MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. HALLGREN THAT THERE IS A CODE VIOLATION ON A ROOF LEAK AND ELECTRICAL LIGHT FIXTURE. CARRIED. MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. GREENiDGE TO INSTRUCT MR. HUSSAIN WITHIN THE PERIOD OF SEVEN DAYS FROM TODAY THAT THE ROOF BE FIXED AND THE LIGHT FIXTURE BE REPAIRED AND THE COSMETIC WORK AROUND THAT LIGHT FIXTURE CAUSED BY THE ROOF BE DONE. CARRIED. ATTORNEY KREUZKAMP NOTED THAT IF THE BOARD HAS TO TAKE ACTION IT WILL BE AGAINST MR. HUSSAIN'S LICENSE · BASED ON A LETTER FROM MR. BASSI DATED 9/12/88 AND .POLICE RECORDS THAT A TRESPASSING AFFIDAVIT HAS BEEN ISSUED AGAINST MR. HUSSAIN. THEREFORE, MR. HUSSAIN CANNOT STEP FOOT ON MR. BASSI'S PROPERTY WITHOUT BEING ARRESTED. SINCE WE ARE TALKING ABOUT MR. HUSSAIN'9 LICENSE, HE NEEDS TO BE ABLE TO MAKE AN INSPECTION OF THE WORK THAT IS DONE. THE HOMEOWNER HAS CREATED THIS PROBLEM. HE SUGGESTED THAT THE BOARD ADDRESS THE HOMEOWNER THAT IF THE WORK IS TO BE DONE DURING THIS TIME PERIOD THAT AT THE TIME OF THE INSPECTION THAT MR. HUSSAIN HAVE THE RIGHT TO MAKE AN INSPECTION SINCE IT IS HIS LICENSE THAT IS LIABLE FOR THAT WORK. MR. BASSI AGREED TO ALLOW MR. HUSSAIN TO INSPECT THE JOB WITH MR. cOOPER OR THE CODE VIOLATION OFFICER. MR. HUSSAIN SAID THAT MR. BASSI COULD CONTACT A ROOFER AND GIVE THE JOB ESTIMATE TO HIM BEFORE THE JOB WAS DONE. RECESS WAS TAKEN AT 9:15 P.M. - REOPENED AT 9:25 WITH ALL PRESENT. BUILDING OFFICIAL vs RICHARD MAXWELL MR. COOPER WAS NOT PRESENT AT THE MEETING BUT THERE WAS A MEMO REGARDING THIS MATTER. MOTION BY MR. HALLGREN, SECONDED BY MR. DERNBACH TO GRANT A 30 DAY EXTENSION TO MR. MAXWELL. CARRIED. BUILDING OFFICIAL vs RICHARD MAXWELL cont. ATTORNEY KREUZKAMP ASKED THAT A COPY OF THE MEMO BE ATTACHED TO THE MINUTES. NEW BUSINESS: QUALIFYING NEW CORPORATION TRUNDLE, JACK M./GENERAL CONTRACTOR MOTION BY VICE CHAIRMAN LAMAN THAT THE BOARD NOT ACCEPT MR. TRUNDLE'S APPLICATION TO QUALIFY A NEW CORPORATION TO DO WORK IN THE CITY. MOTION DIED FOR LACK OF SECOND. ATTORNEY KREUZKAMP TOLD THE BOARD THAT SINCE MR. TRUNDLE WAS NOT PRESENT, THAT BEFORE THEY TAKE ACTION THAT THE DOCUMENTS IN THE FILE BE IDENTIFIED FOR PURPOSES OF THE RECORD AND THAT THE GENTLEMAN BE GIVEN THE OPPORTUNITY TO SPEAK ON THE ISSUE. MOTION BY MR. DERNBACH, SECONDED BY MR. GREENIDGE TO TABLE UNTIL THE OCTOBER MEETING WHEN MR. TRUNDLE CAN BE PRESENT AND WE CAN TALK TO HIM ABOUT IT. ROLL CALL: AYES: MR. DERNBACH MR. CAPP MR. GREENIDGE CHAIRMAN CAREY NAYS: VICE CHAIRMAN LAMAN MR. HALLGREN BLOCK EXAM GAINESVILLE HELWIG, STEVEN J./PAINTIN~ CARRIED. MOTION BY MR. HALLGREN, SECONDED BY VICE CHAIRMAN LAMAN TO ACCEPT APPLICATION. CARRIED. LETTER OF RECIPROCITY PALMATEER, EDDIE T./HARV "B" MOTION BY VICE CHAIRMAN LAMAN, SECONDED BY MR. DERNBACH TO ACCEPT APPLICATION. CARRIED. APPLICATION FOR BOARD MEMBER THE BOARD HAD ONLY ONE APPLICATION BEFORE THEM. MOTION BY MR. DERNBACH, SECONDED BY MR. CAPP TO RECOMMEND TO CITY COUNCIL TO ACCEPT CHUCK NEUBERGER AS THE ELECTRICAL CONTRACTOR ON THE CONSTRUCTION BOARD. CARRIED. APPROVAL OF MINUTES MOTION BY MR. HALLGREN, SECONDED BY MR. GREENIDGE TO ACCEPT THE MINUTES OF MEETING HELD 8/9/88 AS WRITTEN. CARRIED. DISCUSSION - STEPHEN STILWELL MR. STiLWELL VOICED HIS CONCERN ABOUT THE WATER SITUATION AND THE STEPS THAT COULD BE TAKEN AS FAR AS IRRIGATION SYSTEMS WERE CONCERNED. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 10:02 P.M.