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HomeMy WebLinkAbout10091990City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 PUBLIC MEETING INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR HEETING ON TUESDAY, OCTOBER 9,.1990 AT 7~30 P.M. IN THE CITY COUNCIL CHAMBERS. SEBASTIAN CONSTRUCTION BOARD NOTE= IF ANY PERSON DECIDES TO APPEAL ANY DECISION HADE 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 Off THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED, SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING OCTOBER 9, lggo - 7~30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES~ REGULAR MEETING - 9/11/90 OLD BUSINESS: DISCUSSION~ LANDCLEARING - DRIVEWAY FORMING ATTORNEY MATTERS: BUILDING OFFICIAL MATTERS: NEW BUSINESS: LETTER OF RECIPROCITY ANDERSON, STEVEN M./COMMERCIAL SWIMMING POOL PRIMATO, ROBERT J./HARV #B" CHANGE OF STATUS HARPER, JAMES B./ELECTRICAL CONTRACTOR BELTRAME, DOMINIQUE/PAINTING SUB-CONTRACTOR WATSON, RODNEY R./CARPENTRY SUB-CONTRACTOR RUSSELL, DANE/ROOFING LIMITED SEBASTIAN CONSTRUCTION BOARD REGULAR MEETING OCTOBER 9, 1990 - 7530 MEETING WAS CALLED TO ORDER BY CHAIRMAN CAREY~AT ?:30 P.M. ROLL CALL: PRESENT: MR. CAPP MR. KELLEY MR. NEDBERG.ER MR. HANEY CHAIRMAN CAREY ABSENT: VICE CHAIRMAN LAMAN - UNEXCUSED MR. DERNBACH - UNEXCUSED ALSO PRESENT: MR. COOPER, BUILDING OFFICIAL MR. BONACCI, CHIEF BUILDING INSPECTOR MR. COAKLEY, CODE ENFORCEMENT ATTORNEY TORPY APPROVAL OF MINUTES MOTION BY MR. HANEY, SECONDED BY MR. KELLEY TO ACCEPT MINUTES OF MEETING HELD 9/11/90 AS WRITTEN. CARRIED. DISCUSSION: LANDCLEARiNG - DRIVEWAY FORMING MR. COOPER TOLD THE BOARD THAT NOTHING HAS BEEN DONE YET. A DETERMINATION WAS MADE THAT LANDCLEARING DOES NOT INCLUDE DRIVEWAY FORMING. HE STATED THAT THERE WERE OPTIONS~ AMEND THE ORDINANCE TO GO TO A GRANDFATHERING CLAUSE; DEFINE LANDCLEARING MORE EXPLICITLY THAN BLOCK AND ASSOCIATES OR LEAVE AS IS AND REQUIRE A LICENSE T,O DO CONCRETE: PLACING & FORMING. MR. NEUBERGER NOTED THAT THE COUNTY WOULD NO'T ACCEPT DRIVEWAY FORMING UNDER THE LANDCLEARING LICENSE AND SINCE THE CITY TRYING TO BE CONSISTENT WITH THE COUNTY, THE CITY SHOULD NOT ACCEPT IT. MR. COOPER STATED THAT IF THE ORDINANCE IS NOT AMENDED THEN LETTERS SHOULD BE SENT TO THE INDIVIDUALS ADVISING THEM THAT A PERIOD OF TIME WILL BE GIVEN FOR THEM TO OBTAIN A CONCRETE: PLACING & FORMING LICENSE AND GIVING THEM A GRACE PERIOD. PAGE 2 SEBASTIAN CONSTRUCTION BO.AR~.- ~0/~/90 DISCUSSION: LANDCLEARING - DRIVEWAY FORMING cunt MR. NEUBER~ER FELT THE BOARD SHOULD LEAVE IT UP TO MR. COOPER TO COME UP WITH A TIME PERIOD SINCE HE WOULD NEED TO TALK TO THE CITY ATTORNEY FIRST. NO ACTION WAS TAKEN BY THE BOARD. ATTORNEY MATTERS: ATTORNEY TORPY WENT OVER THE PROCEDURES AS TO HOW THE BOARD SHOULD HANDLE VIOLATION OF HEARINGS AND THE TYPE OF MOTIONS THE BOARD NEEDS TO MAKE CONCERNING VIOLATIONS. NEW BUSINESS: LETTER OF RECIPROCITY ANDERSON, STEVEN M./COMMERCIAL SWIMMING POOL PRIMATO, ROBERT J./HARV "B# MOTION. BY MR. HANEY, SECONDED BY MR. CAPP TO ACCEPT APPLICATIONS THROUGH LETTER OF RECIPROCITY. CARRIED. CHANGE OF STATUS HARPER, JAMES B./ELECTRICAL CONTRACTOR BELTRAME, DOMINIQUE/PAINTING SUB-CONTRACTOR WATSON, RODNEY R./CARPENTRY SUB-CONTRACTOR RUSSELL, DANE/ROO~ING LIMITED REGAN, JOHN j./MASONRY/CONCRETE FORD, DAVE/PAINTING SUB-CONTRACTOR MOTION BY MR. CAPP, SECONDED BY MR. HANEY TO ACCEPT APPLICATIONS FOR CHANGE OF STATUS. CARRIED. DISCUSSION: ATTORNEY K.N. JACOBY/ROBERT VETA ATTORNEY jACOBY TOLD THE BOARD THAT HE REPRESENTED MR. VETA AND NOTED THAT IN APRIL THE BOARD TOOK ACTION AGAINST MR. VETA AND SUSPENDED HIS LICENSE FOR 6 MONTHS. HE ASKED THAT THE BOARD RE-INSTATE MR. VETA'S LICENSE. HE ALSO NOTED THAT THE BOARD DID NOT RULE AS TO HOW OR WHEN MR. VETA COULD GET HIS LICENSE BACK. PAGE 3 SEBASTIAN CONSTRUCTIO BOARO - 0/9/90 DISCUSSION: ATTORNEY K.N. JACOBY/ROBERT VETA ¢ont MR. VETA ALSO SPOKE TO THE BOARD. MR. COOPER NOTED THAT UNDER THE CIRCUMSTANCES THE PROCEDURE TO BE FOLLOWED SHOULD BE DONE UNDER THE OLD ORDINANCE WHEREAS THE APPLICATION IS APPROVED IN HOUSE - IT WOULD NOT HAVE TO GO BEFORE THE BOARD. MOTION BY MR. NEUBERGER, SECONDED BY MR. HANEY THAT IF MR. VETA WANTS A LICENSE IN SEBASTIAN THAT HE SUBMIT HIS APPLICATION UNDER THE ASPECTS OF THE NEW ORDINANCE AND NEW APPLICATION. DISCUSSION: IT WAS ASKED IF MR. VETA SHOULD BE PUT ON PROBATION. GENERAL FEELING WAS THAT IT WOULD ONLY CLOUD THE ISSUE. IF A PROBLEM WAS FOUND ON A JOB BY ONE OF THE INSPECTORS, IT WOULD BE BROUGHT BEFORE THE BOARD. CARRIED. NOTICE OF VIOLATION HEARINGS: CLAYTON FISHER MR. FISHER WAS NOT PRESENT AT THE MEETING. THE BOARD TO PROCEED WITH THE HEARING. MR. COOPER ASKED CHAIRMAN CAREY SWORE IN MR. COAKLEY AND MR. COOPER. MR. COAKLEY GAVE A BRIEF SUMMARY OF THE CASE. IT WAS NOTED THAT MR. FISHER WAS CONTRACTED BY SEARS TO DO THE JOB. MR. COOPER TOLD THE BOARD THE VIOLATIONS WERE SEC. 7-20, NO PERMIT; SEC. 7-99A, NO LICENSE AND SEC. 7-100(1), VIOLATION OF THE BUILDING CODE, SEBASTIAN CODE OF ORDINANCES. FINDINGS OF FACT THAT MR. FISHER WAS OBSERVED ON THE JOB AT LOT 15, BLOCK 2, ORANGE HEIGHTS, 33~ VALENCIA DOING ROOFING WORK AND WAS FOUND NOT TO HAVE A CITY OF SEBASTIAN LICENSE AND NO PERMIT POSTED WHICH IS IN VIOLATION OF SEC 7-1OO(1), VIOLATION OF THE BUILDING CODE, 7-99A, NO LICENSE AND 7-20, NO PERMIT, SEBASTIAN CODE OF ORDINANCES. SEBASTIAN CONSTRUCTION BOARD NOTICE OF VIOLATION HEARINGS~ CLAYTON FISHER cont MOTION BY MR. HANEY, SECONDED BY MR. CAPP TO FINE MR. FISHER THE MAXIMUM AMOUNT OF $500.00 FOR THIS VIOLATION AND GIVE A CEASE AND DESIST ORDER. CARRIED. IT WAS NOTED THAT DPR ALSO BE SENT A COMPLAINT FORM WITH THE FINDINGS OF THE BOARD. ALAN VOW REISEN CHAIRMAN CAREY SWORE IN MR. VON REISEN. COAKLEY WERE STILL UNDER OATH. MR. COOPER AND MR. MR. COAKLEY GAVE A BRIEF SUMMARY OF THE CASE. MR. COOPER TOLD THE BOARD THAT DAVE PATTY, ABC POOLS, OWNER AND ALAN VON REISEN, QUALIFIER, CAME INTO THE OFFICE TO OBTAIN A SWIMMING POOL PERMIT FOR TWO RESIDENTIAL HOUSES. THEY WERE ADVISED THAT THEY WERE NOT LICENSED. THEY ELECTED TO HAVE THE HOME OWNER COME IN AND PULL THE PERMITS. MR. PATTY WAS ADVISED AT THAT TIME IN FRONT OF THE HOME OWNERS THAT ONLY THE HOME OWNER COULD PULL THIS PERMIT AND HIRE LICENSED SUB-CONTRACTORS. MR. VON REISEN TOLD THE BOARD THAT AT THE TIME THEY CAM.E TO APPLY FOR THE PERMIT HE WAS TOLD THAT HE WOULD HAVE TO TAKE THE BLOCK EXAM TO OBTAIN A LICENSE IN SEBASTIAN. TO HIS KNOWLEDGE THE CONTRACT WAS CANCELLED AT THAT TIME. MR. PATTY OPERATED ON HIS OWN ACCORD IN RELATIONSHIP TO THAT HOME OWNER WITHOUT HIS (VON REISEN) KNOWLEDGE. MR. PATTY WAS PRESENT AT THE MEETING AND WAS SWORN IN. HE TOLD THE BOARD THAT HE KNOWS HE DID WRONG AND APOLOGIZED TO THE BOARD AND THAT HE WAS TRYING TO GET THINGS SET UP SO THAT HE COULD WORK IN THIS COUNTY. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - 10/9/90 ALAN VON REISEN cont MR. PATTY ALSO TOLD THE BOARD THAT MR~ VON REISEN HAD NO KNOWLEDGE OF WHAT WAS BEING DONE. IT WAS NOTED THAT MR. PATTY WAS NOT SERVED A NOTICE OF VIOLATION HEARING. MOTION BY MR. NEUBERGER THAT IN THE CASE OF MR. VON REISEN THAT THE BOARD FINDS NO CAUSE FOR ACTION SINCE A PERMIT COULD NOT BE OBTAINED AND THE JOB WAS CANCELLED. MOTION DIED DUE TO LACK OF A SECOND. MOTION BY MR. HANEY, SECONDED BY MR. CAPP THAT THE BOARD CONTACT THE HOMEOWNER OF 1225 BEVAN AND HIM APPEAR BEFORE THE BOARD WITH ANY RECORDS HE HAS ON THIS MATTER AND SIGNED CONTRACTS. MR. CAPP WITHDREW HIS SECOND. MR. HANEY WITHDREW HIS MOTION. MOTION BY MR. HANEY, SECONDED BY MR. CAPP THAT THE BOARD TABLE FURTHER ACTION CONCERNING MR. VON REISEN UNTIL WE CONTACT THE HOME OWNER OF THE HOUSE AT 1225 BEVAN TO CONFIRM OR CLEAN UP ANY MATTERS CONCERNING THIS, INCLUDING CONTRACTS, WHO THE CONTRACT WAS SIGNED WITH, ETC. IT WAS NOTED THAT THE OWNER SHOULD BE SUBPOENAED BY THE BOARD. CARRIED. THE RECORD SHOWS THAT MR. NEUBERGER VOTED NAY. AFTER CHECKING WITH THE ATTORNEY MR. COOPER SAID MR. PATTY COULD TESTIFY AS LONG AS HE STATES ON RECORD THAT HE IS WILLING TO WAIVE ALL NOTICE REQUIREMENTS, THE BOARD COULD HEAR HIM. CHAIRMAN CAREY SAID THAT BECAUSE OF THE MOTION JUST MADE THAT THE BOARD POSTPONE THIS CASE UNTI,L THE HOMEOWNER COULD BE SUBPOENAED TO CONFIRM OR DENY ANY FURTHER CONTRACT MADE WITH DAVE PATTY, INC. MR. HANEY SAiD THAT THE HOMEOWNER WOULD BE BROUGHT iN AS A WITNESS. PAGE 6 SEBASTIAN CONSTRUCTION BOARD MR. VON REISEN AND MR. PATTY WERE REMINDED THAT THE=HEARING WOULD CONTINUE AT THE NOVEMBER MEETING AND THAT THEY WOULD BE' NOTIFIED OF THE NEXT MEETING. DISCUSSION~ LENGTH OF VERIFIED EXPERIENCE FOR JOURNEYMEN MOTION BY MR. HANEY, SECONDED BY MR. KELLEY TO SEND A LETTER TO THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, INC. STATING THE BOARD REVIEWED THEIR LETTER OF SEPTEMBER 14, 1990 AND DURING DISCUSSION THE BOARD MEMBERS FELT THE CURRENT POLICY WAS ADEQUATE AND NO ACTION WOULD BE TAKEN ON THiS MATTER. CARRIED. 15 MINUTES TO THE PUBLIC MR. BOB HOSKINS, QUALIFIER FOR AUTOMATIC SPRINKLER IN VERO BEACH TOLD THE BOARD THAT HE HAD NOT BEEN RECEIVING THE LICENSE RENEWAL NOTICES. MR. COOPER EXPLAINED LABELS ARE PRINTED FROM THE INFORMATION IN THE COMPUTER AND THESE LABELS ARE THEN PUT ON ENVELOPES AND THE NOTICES ARE SENT OUT. HE ALSO NOTED THAT THE LICENSES THEMSELVES ARE SELF EXPLANATORY. MR. AL SCHROEDER, SCHROEDER'S IRRIGATION SPOKE TO THE BOARD ASKING WHY HE WAS NOT NOTIFIED THAT HE COULD HAVE BEEN GRANDFATHERED INTO SEBASTIAN TO DO IRRIGATION WORK. THE BOARD SECRETARY HAD TOLD HIM THAT A NOTICE HAD RUN IN THE PRESS JOURNAL TWO WEEKENDS IN A ROW. MR. JOHN KLUNTZ, VERO SPRINKLER SYSTEMS ALSO TOLD THE BOARD THAT HE DID NOT SEE THE NOTICE IN THE NEWSPAPER AND ASKED WHAT COULD BE DONE AT THIS TIME. MR. COOPER SAID THE ONLY THING THAT COULD BE DONE NOW WAS TO ASK FOR'THE ORDINANCE TO BE AMENDED TO OPEN THE GRANDFATHERING CLAUSE UP FOR ANOTHER PERIOD OF TIME AND ASK THE COUNTY TO NOTIFY THEIR LICENSE HOLDERS THAT THEY CAN BE GRANDFATHERED INTO THE CITY OF SEBASTIAN. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - 10/9/90 MOTION BY MR. CAPP, SECONDED BY MR, HANEY TO ASK CITY COUNCIL TO AMEND THE GRANDFATHER CLAUSE AND EXTEND IT FOR 60 DAYS UPON ITS APPROVAL. ROLL CALL: AYES: MR. CAPP MR. H. ANEY CHAIRMAN CAREY NAYS: MR. KELLEY MR. NEUBERGER CARRIED. SCORES FOR THE BLOCK EXAM WERE REGISTERED IN THE SCORE BOOK BY MR. NEUBERGER AND MR. KELLEY. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9530 P.M. SEBASTIAN CONSTRUCTION BOARD DENNIS S. DERNBACH, ACTING CHAIRMAN BOARD SECRETARY