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HomeMy WebLinkAbout10061981SEBASTIAN CONSTRUCTION BOARD - OCTOBER 6, 1981 ME~TING CALLED TO ORDER BY ED PALUCH, CHAIRMAN AT 1:00 P.M. PRESENT: JIM HARRIS, VICE CHAIRMAN, DON LANGLOIS, HUSTON TRIPP, GREGG PALMER, AND DAVID HINES. ~AYOR FLOOD (PRESENT AT'LAST PORTION3~?OF MEETING) RE: LENARD NIELSEN AND BOBBY MONEXHAN, CONTINUATION OF SPECIAL MEETING, SEPTEMBER 15, 1981. MOTION BY JIM HARRIS, SECONDED BY ED PALUCH, TO ACCEPT THE MINUTES OF THE SEPTEMBER 15, 1981 MEETING. MOTION CARRIED. ARTHUR MAYER, BUILDING OFFICIAL, DI~$SED. THE PROBLEM REGARDING MR. NIELSEN AND MR. MONEYHAN. HE INDICATED THAT THE BOARD HAD INSTRUCTED HIM NOT TO ISSUE ANY MORE BUILDING PERMITS TO MR. NIELSEN OR MR. MONEYHAN, UNTIL THEY REVIEWED THE SITUATION AND A DECISION COULD BE MADE. ED PALUCH STATED THAT MR. NIELSEN AND MR. MONEYHAN WERE INSTRUCTED AT THE LAST MEETING TO COMPLY WITH THE REQUESTS OF THE CONSTRUCTION BOARD AND HE FELT THAT THEY SHOULD BE ASKED TO ATTEND ANOTHER MEETING TO DISCUSS WHAT THEY HAVE ACCOMPLISHED. JIM HARRIS STATED THAT HE FELT MR.--NIELSEN AND MR. MONEYHAN SHOULD NOT BE NOTIFIED AS TO WHETHER OR NOT THEY HAVE ~OMRLIED AND THAT THE BOARD SHOULD DO THEIR OWN IN- VESTIGATION AS TO WHAT THEY HAVE ACCOMPLISHED. IF THEY HAVE ~O.T. SHOULD BE TAKEN TO R~VOF~E OR SUSPEND THEIR LICENSE. ARTHUR MAYER EXPAINED THAT THERE REALLY WASN'T ANYTHING THAT COULD BE DONE ABOUT THE TWO HOUSES THAT HAVE ALREADY BEEN COMPLETED BUT THE BOARD COULD REQUEST THAT UNLESS HE BRINGS IN ALL INVOICES EOR MATERIALS AND LABOR, A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED. ED PALUCH INDICATED THAT HE HAD SEEN MR. NIELSEN IN THE BUILDING DEPARTMENT TWO WEEKS AGO AND IT APPEARED, BY SOME QUESTIONS HE WAS ASKING, THAT HE WAS MAKING AN. EFFORT TO COMPLY WITH THE REQUESTS OF THE BOARD. ARTHUR MAYER STATED THAT MR. NIELSEN WILL BE RESPONSIBLE FOR ANY PROBLEMS THAT MAY COME UP ON ANY OF THE THREE HOMES, BEING THE PERMIT IS IN HIS NAME. ED PALUCH STATED THAT MR.FNIELSEN WAS INFORMED THAT HE WOULD BE RESPONSIBLE FOR THE THREE HOMES. HUSTON TRIPP STATED THAT HE COULD NOT SEE ANY REASON FOR CONSTRUCTION TO CONTINUE IF IT iS IN VIOLATION. ARTHUR MAYER STATED THAT THERE IS A SUSPICION OF SOMETHING BEING WRONG, ~ THE BOARD AGREED TO LET CONSTRUCTION CONTINUE IN ORDER TO GET ~T STRAIGHTENED OUT. HUSTON TRIPP ASKED IF THIS WAS TO CONTINUE TO THE MIDDLE OR THE END OF THE JOB. JIM HARRIS INDICATED THAT IF HIS PROGRESS IS TO SLOW THAT WILL BE REASONSENOUGH FOR HiS LICENSE TO BE SUSPENDED. -1 - SEBASTIAN CONSTRUCTION BOARD ' OCTOBER 6, 1981 ED PALUCH RECOMMENDED THAT A LETTER SHOULD BE SENT TO MR. NIELSEN ASKING HIM TO PROVIDE THE BOARD WITH SOME EVIDENCE AS TO WHAT HE HAS ACCOMPLISED, REGARDING THE REQUESTS FROM THE BOARD. MOTION BY HUSTON TRIPP, SECONDED BY GREGG PALMER, THAT A LETTER BE SENT TO MR. NZELSEN STATING THAT THE BOARD IS WAITING FOR SOME EVIDENCE OF WHAT THEY INSTRUCTED HIM TO DO AND THAT THE BOARD IS GIVING HIM SEVEN DAYS TO SHOW WHAT ACTION HAS BEEN TAKEN. MOTION CARRIED. ARTHUR MAYER ASKED THE BOARD IF THEY WANTED TO COMPOSE THE LETTER SO IT COULD BE TRANSCRIBED AS PART OF THE MINUTES.. JIM HARRIS DICTATED THE LETTER AS FOLLOWS: AS OF OUR LAST MEETING, SEPTEMBER 15, 1981, YOU WERE ADVISED AT THAT TIME TO MAKE SOME NECESSARY CORRECTIONS IN YOUR CONDUCT IN COMPLETING THE HOUSE WITH MR. MONEYHAN LOCATED AT 1311COVERBROOKLANE, SEBASTIAN FLORIDA. WE FEEL AT THIS TIME, THAT BY OCTOBER 14, 1981, HAS GIVEN YOU THE NECESSARY TIME TO SHOW THAT THESE THINGS HAVE BEEN TAKEN CARE OF. WE NEED FOR YOU TO CONTINU~ CONSTRUCTION ON THIS RESIDENCE AND TO HAVE PROOF IN THE BUILDING DEPARTMENT OFFICE BY 4:30 P.M., OCTOBER 14, 1981. ARTHUR MAYER STATED THAT HE WOULD LIKE TO BRING TO THE FLOOR A LETTER THAT MR. JOHN SCHLITT HAS SENT TO ST. WILLIAM'S CHURCH, REGARDING THE COLLAPSED SETON HA]iL BUILDING. JIM HARRIS READ THE LETTER FROM MR. JOHN SCHLITT TO MR. SCHNITKER, CLAIMS REPRESENT- ATIVE, GALLAGER BASSET. (SEE COPY OF LETTER ATTACHED) ARTHUR MAYER INDICATED THAT THIS LETTER WAS GIVEN TO HIM BY FATHER .LASAGE , PASTOR ST. WILLIAM' S CHURCH. HE iNDICATED THAT SINCE, MR. SCHLITT HAS NOT CONFORMED TO WHAT THE BOARD HAD REQUESTED, HE FELT IT WAS.NECESSARY TO FILE A COHPLAINT WITH THE DEPARTMENT OF PROFESSIONAL REGULATION AGAINST MR. SCHLITT'S LICENSE. AT THIS TIME MR. MAYER REQUESTED FROM THE BOARD THEIR' APPROVAL OR DISAPPROVAL OF THiS ACTION. ED.P~UCH STATED THAT MR. SCHLITT WAS INFORMED AT THE MEETING OF JULY 2, 1981 THAT HE WAS RESPONSIBLE.AND HE DID NOT APPEAL IT AT THAT TIME. MR. LLANGLOIS EXPLAINED THAT ST. WILLIAM' S HAS NOW BECOME THEIR OWN PARISH AND THE PROBLEM LIES WITH FATHER LASAGE AND HIS PEOPLE. ED PALUCH STATED THAT HE WOULD GO BY AND ASK FATHER LASAGE TO ATTEND THE MEETING ON OCTOBER 15, 1981 IN ORDER TO DISCUSS WHAT THE PARISH WANTS TO DO. JIM HARRIS REPORTED THAT THE ST. WILLIAM' S SETON.JHALL BUILDING IS GETTING WORSE EVERY DAY AND THAT HE HAD SUBMITTED A BID FOR REPAIR SOME TIME. ?BACK AND HE HAS NEVER BEEN INFOR~D OF THE OUT COME. - 2- ~. SEa~TIaN....g.ONSTRUCTION B~mO - OC~OBER~6 ~. 1~9,81 ARTHUR MAYER REPORTED THAT FATHER LASAGE B~OUGHT HIM A BID HE HAD RECEIVED FROM GEORGE FREDERICK CONSTRUCTION CO~-~~ IN THE AMOUNT OF $11,450.00. MR. FREDERICK STIPULATED IN HIS BID THAT HE WOULD NOT BE RESPONSIBLE FOR ANY PERMIT PLANS OR HNY OTHER FINANCIAL THINGS THAT Hf&YT~COFIE UP. MOTION BY JIM HARRIS, SECONDED BY GREG PALMER, TO SUPPORT THE EVIDENCE THAT HAS BEEN SUBMITTED TO THE DEPARTMENT OF PROFESSIONAL REGULATION BY ARTHUR MAYER, REGARDING JOHN SCHLITT. MOTION CARRIED. ARTHUR MAYER REPORTED THAT HE HAS SPOKEN TO MAYOR FLOOD REGARDING A-1 BUILDERS AND THAT THE MAYOR AUTHORIZED HIM TO STOP A-1 BUILDERS FROM OBTAINING ANY MORE BUILDING PERMITS FROM THE CITY OF SEBASTIAN. HE ALgO INDICATED THAT THE DEPARTMENT OF PRO- FESSIONAL REGULATIONS HAD BEEN HERE FOR TWO 'DAYS, INSPECTING THE UNFINISHED HOMES, TAKING PICTURES AND DOCUMENTING THE PERCENTAGE OF COMPLETION. ARTHUR MAYER RECOMMENDED THAT A-i BUILDERS SHOULD BE INFORMED THAT 'THEY WILL NOT BE ISSUED ANY MORE BUILDING PERMITS FROM THE CITY OF SEBASTIAN. MOTION BY BUSTON TRIPP, SECONDED BY DON LANGLOIS, THAT A-1 BUILDER~ BE NOTIFIED BY REGISTERED MAIL, THAT THEY WILL NOT RECEIVE ANY MORE PERMITS FROM THE CITY OF SEBASTIAN. AFTER A LENGTHY DISCUSSION, ARTHUR MAYER STATED A-1 BUILDERS'S STATE CERTIFIED GENERAL CONTRACTORS LICENSE HAS BEEN SUSPENDED BY THE STATE UNTIL THERE IS A HEARING. MOTION CARRIED. ARTHUR MAYER REPORTED A SIMILAR SITUATION WITH BALCOR, INC. AND THAT A LETTER SHOULD BE SENT TO THEM ALSO, INFORMING THEM THAT THEY WILL NOT BE ABLE TO OBTAIN ANY MOHE BUILDING PERMITS FROM THE CITY OF SEBASTIAN~ ED PALUCH INDICATED THAT IT APPEARS THAT BALCOR, iNC. IS RESPONSIBLE FOR 19 CASES OF DIVERSION OF FUNDS. MOTION BY HUSTON TRIPP, SECONDED BY DON L~zNGLOIS, THAT A REGISTERED LETTER BE SENT TO ALL PRICIPLES AND QUALIFIERS OF BALCOR, INC., THAT THEY WILL NOT BE..ISSUED ANY MORE BUILDING PERMITS FROM THE CITY OF SEBASTIAN. AFTER A LENGTHY DISCUSSION IT WAS DECIDED TO AMEND THE MOTION. WITHDREW BY HUSTON TRIPP AND SECOND WITHDREW BY DON LANGLOIS; MOTION BY HUSTON TRIPP , SECONDED BY DON LANGLOIS, THAT · REGIS~RED LETTER BE SENT TO ALL PARTIES INVOLVED WITH BALCOR, INC. AND QUALIFYING AGENTS, THAT THE CITY OF SEBASTIAN LICENSE IS SUSPENDED AND WE AR~ RECOMMENDING TO THE STATE THAT THIS LICENSE BE SUSPENDED OR REVOKED. THE CITY OF SEBASTIAN LICENSE WILL REMAIN SUSPENDED UNTIL HE APPEARES BE- FORE THE BOARD AND GIVES REASON FOR HIS ACTS. MOTION CARRIED. ED PALUCH REPORTED THAT HE FEELS THAT CONTRACTORS AND SUB CONTRACTORS SHOULD BE GETTING SOME PROTECTION FROM THE BOARD. HE RECOMMENDED THAT OWNER BUILDERS THAT ARE ACTING AS THEIR OWN CONTRACTOR AND SUB-CONTRACTING'WORK OUT, SHOULD BE REQUIRED TO PURCHASE A MINIMUM WORKMAN! S COMPENSATION POLICY. SINCE THERE IS SUCH A LARGE AMOUNT OF OWNER BUILDER~ iN TOWN, HE FELT THIS WOULD BE AN ADDED PROTECTION FOR SUB-CONTRACTORS. OCTOBER 15, 1981 SEBASTIAN CONSTRUCTION BOARD - OCTOBER 6,..1981, MAYOR FLOOD MENTIONED THAT SINCE, BALCOR, INC. AND A-1 BUILDERS MAY BE PRESENT WITH THEIR ATTORNEYS AT THE MEETING OF OCTOBER 15, 19'81, HE SUGGESTED THAT ATTORNEY KILBRIDE SHOULD BE PRESENT IN ORDER TO REPRESENT THE CITY OF SEBASTIAN. ZT WAS AGREED THAT ~HE ~EXT =O~STRVCTION ~omu~ ~r~ETI~ WZr. r. ~E ON OCTOa~:R 1~, ~9~ AT MOTZON CroUPIEr. - 4 - ARCHITECT JOHN J. SC:HLITr, JR., P.A. August 17, 1981 Mr. Leo J.. Schnitker ClaL~s Represen~ative CallaKer Bassett- 5400 Diplomat Circle Orlando. Florida 32810 Saint Williams Parish Sebastian, Florida' Dear Mr. Schnitker: In response to your letter concernins the bids for repairing Saint Williams Mission and ~he indication of some responsibility by this office, I hereby claimno responsibility for the failure of this pre-constructed, pre-enzineered building by Aluminum Construction. The structure and beam was not constructed under my direct supervision, but as a factory"built pre-en~ineired item.. There is no problem with their en~ineering design, factory that AluminumConstruction hired to build chis pre engineered building, built a defective beam, that in no could properly be inspected by mysel£. I further infoz~nyou that I do nsc carry any professional liability insurance and have not done so in the'last eight (8) years and have never had a claim in prior years of ~he to,al fourteen (l&) years as operating as ~nArchitect. ! feel I took reasonable 8sod care in assistin8 St. Helen Parish and St. Williams Hission Co &tCein~ lov cost, temporary recreation butldtn~ facility. The minimal fee that va billed for Chis service is testimony ~o the sincere efforts to aasis~ Saint Williams Mission, Father O'Haire and indirectly the Parish of Salt Helen Church. Please proceed_u ich proper step~ to assure chat Saint Williams Mission and FaCherLeSage has theproper information to make Hr. Leo J. Schnitker Saint Williana Pariah Page 2 of 2 th~ir decision whether to repair like new, or to salvage ex~sting building and p.rovid~ funds for fa~ure Pariah location. JJS,JR./srl Respectfully eul~gitSed,, I~. Hugh Stump Southern Structures Hsgr.. E. Z~Eant St. Helen Church Father LeSage Father O'Haire Diocese of.Orlando 19618th Ave. (305)567'2259 VERO BEACH; FLORll)A 32960 FINAL WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS that ~or and i. consideration of. ~wcr~. -r6~¢ /tu/ld.~ Ia. and .,~.//DO ($ 2:?!0_00 ) Dollars and other g~ and valuable c~t~ns, lawful money of t~ United States of America, to me (it) in hand' ~id, the ~cei~ wMr~f is h~ ac~~, d~s he.by waive, relearn, r~ise and relinquish any and all fight m claim any lien or l~m f~ w~k ~ ~ materials furnished, or any kind or class of lien whats~ver, on the following descried pro~y: Log ff22 ~ ~1 $~~ ~~ 51o. oo Sa, oo $2, 5710.00 .7o~1 The undersigned does hereby warrant that he (it) was the furnisher of ~ervices or material~ in the e. on~xlction of improvements on the above-descfibed property and that no assignment of said liens or clairm, nor of the fight to perfect a lien against said real estate has or will be made, and that the undersigned ha, the right to ~a~eut~ this waiver and release, and that all laborers employed by th~ undersigned, and all bills for materials ~ad ~ fitmi~hed by others to the undersigned in connection with the construction of improvements upon the afm~id l~'mi~ have been fully paid, and that no security agreement has been executed by the undersigm~d cov~ing ~ny p~rt~ the improve- ments on said premises, DATED thi~ /O~./t. , day of County, Florida. : 1~?_~_~/t Vtro Besch, Indian River (SEAL) , .~,~oN- ~ co.D,.c~mo..c~ ,,4~..~ 2 4 4 8 PALMER AIR CONDITIONING ~OI~IlVtERCIAL - INDUS'J'RIAL P.O. BOX 7g2,.~-SEBASTIAN, FLA. 32E .. /; ! CITY. MATEIIAI. C#AiGE$ · .5 PUIC#A$II _. FOR C&LLING ~ . J- ~ USE MECHANIC .l_flyi~l PiS .&TEIIAL TOT&L )//~ e~ TOTAL LA~ The vnde~ned hi ou~et~y ~ o~e~ ~e ebo, e b~r o~/mler~ll on ~ff d'~t ~t N~ ~. ~ SiGN&TUNE X MIHIIdUM CHARGE I HOUR CAVENAUGH PLUi~.BING CO. 616 1 St Street VERO BEACH. FLORIDA 32960 Phone: 567-4135 567-1088 /(: - / AAA SEPTIC TANK CO. ~47 RANGE ROAD COCOA, FLORIDA Phor~ ~36-2~1~ DETACH AN D MAIL WITH YOUR CHIEg#, YOUR (;ANd~J. LED eHIr~K I~ YOUR tlrI~:IUPT, 2 ©' Drainfield T o T AL .... ~,0, ,' ~'0'~'' Clearbrook ,:31 .. · O0 .~,~-- v. 44