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HomeMy WebLinkAbout10121993SEBASTIAN CONSTRUCTION BOARD ~{.NAPPI, ~O;~RD SECREThRY City of Sebastian 1225 Main Street [] SEBASTIAN, FLORIDA. 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-$570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN CONSTRUCTION BOARD OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD THEIR REGULAR MEETING ON TUESDAY, OCTOBER 12, 1993 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. K. NAPPI, SECRETARY SEBASTIAN CONSTRUCTION BOARD NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. PUBLCMTG.DOC ~EBASTIAN CONS_TRUCTiON BOARD REGULAR MEETING OCTOBER 12, 1993 : 7:30 P.M, CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: REGULAR MEETING - 9/14/93 OLD ~ · NEW BUSINESS: BLOCK EXAMS HUFFORD, PHILLIP G./RESIDENTIAL CONTRACTOR STARLING, WILLIAM A./ELECTRICAL CONTRACTOR LETTER OF RECIPROCITY BROWN, JOHN Wo/RESIDENTIAL CONTRACTOR DISCUSSION: BONDING DISCUSSION: HANDYMAN LICENSE VIOLATION HEARINGS RODNEY WITTKOPP/NEW YORK CARPET WORLD 421 MAPLE ST. ARNOLD HENDRICKSON 929 FULTON WAY/39 RIVER OAK DR. ~ OFFICIA~ ~ ~~TTER$: ATTORNEY MATTERS: DISCUSSION: PRE-MANUFACTURED & ASSEMBLED SHOWER & TUB ENCLOSURES RECORD SCORES IN SCOREBOOK PAGE 2 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 RECORD OF THE PROCEEDINGS IS MADE, '{fil'IC~ RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CONAGEN.DOC SEBASTIAN ~ONSTRUCTION BOARD 0CTOB~R 12, 1993 - 7:30 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN L~MAN AT 7:30.P.M. ROLL CALL: PRESENT: MR. T. SMITH MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN. ABSENT: MR. HANEY - EXCUSED MR. J. SMITH - EXCUSED MR. NEUBERGER - UNEXCUSED ALSO PRESENT: MR. COOPER, BUILDING OFFICIAL, MR. TORPY~.. ASSIST. CITY ATTORNEY, MR. BONACCI, CHIEF BUILDING INSP.E~0R AND MR. NICHOLSON, CODE ENFORCEMENT OFFICER. APPROVAL OF MINUTES: MOTION BY MR. MOSBY, SECONDED BY. VICE CHAIRMAN CAPP TO APPROVE THE MINUTES OF 9/14/93. MOTION CARRIED. OLD~ NONE NEW '~USINE~S: BLOCK EXAMS HUFFORD, PHI. LLIP O./RESiDENTIAL CONTRACTOR STARLING, WILLIAM A./ELECTRICAL CONTRACTOR MOTION BY MR. MOSBY, SECONDED BY VICE CHAIRMAN CAPP TO APPROVE TO SPONSOR FOR PHILLIP HUFFORD, RESIDENTIAL CONTRACTOR AND WILLIAM STARLING, ELECTRICAL CONTRACTOR FOR THE BLOCK EXAM. MOTION CARRIED. LETTER OF RECIPROCITY BROWN, JOHN W./RESIDENTIAL CONTRACTOR MR. COOPER NOTED THAT USUALLY A LETTER OF RECIPROCITY IS DONE BY STAFF iN~HOUSE, BUT BASED ON THE PAPER WORK AND INQUIRIES AND CALLS OF CONCERN BECAUSE OF AN INDIVIDUAL BEING LISTED AS A CORPORATE OFFICER THAT HAD JUST RECENTLY LEFT ANOTHER PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 10/12/93 NROWN, cont COMPANY WHERE THERE ARE A SUBSTANTIAL AMOUNT OF LIENS ON PROPERTIES AND COMPLAINTS FILED WITH DPR AND THE POLICE DEPARTMENT~ IT IS BEING BROUGHT BEFORE THE BOARD. MR, COOPER SAID HE DID TALK TO WtNIFRED LAVERICK~ WHO IS THE PRINCIPAL IN THE CORPORATION. WE DO HAVE MINUTES THAT SHOW THE INDIVIDUAL~ MR. BARBER, HAS RESIGNED AND IS NO LONGER INVOLVED WITH THIS CORPORATION BEFORE THE BOARD' TONIGHT. MR. BROWN WAS ASKED TO TALK TO THE BOARD AND EXPLAIN THIS SITUATION. MR. LAVERICK AND MR. BROWN CAME TO THE MIC. MR. LAVERICK SAID THAT MR. BARBER WAS NO LONGER EMPLOYED AS VICE PRESIDENT OR SECRETARY FOR MERIDIAN BUILDING. MR. COOPER ASKED IF MR. BARBER WAS INVOLVED IN ANY WAY', SHAPE OR FORM WITH MERIDIAN BUILDERS. MR. LAVERICK SAID HE WAS. NOT INVOLVED WITH ANYTHING WITH MERIDIAN BUILDING. MR. COOPER ALSO ASKED IF CONSULTANT OR OTHERWISE. MR. LAVERICK SAID NOTHING. MR. COOPER EXPLAINED THAT IF THE COMPANY STILL HAD THiS INDIVIDUA~ WITH THE COMPANY THAT THE CITY WAS GOING TO'PURSUE BONDING ON INDIVIDUAL PERMITS THAT COMES iNTO THE BUILDING DEPARTMENT BASED ON LIENS THAT HAVE BEEN FILED. CHAIRMAN LAMAN ASKED WHAT WOULD HAPPEN IF MR. BARBER STARTED WORKING FOR THE COMPANY AGAIN. ATTORNEY TORPY SAID THAT THE BONDING REQUIREMENT IS DONE ON A PERMIT BY PERMIT BASIS. IT REQUIRES A HEARING IN FRONT OF THIS BOARD AS TO WHETHER OR NOT THERE IS CAUSE TO REQUIRE THAT BOND. IF MR. BARBER WERE TO GET INVOLVED WITH THIS COMPANY AND ATTEMPT TO PULL A PERMIT AND WE WERE CONCERNED~ WE COULD BRING IT BACK BEFORE THIS BOARD FOR A HEARING ON WHETHER OR NOT A BOND WOULD BE APPROPRIATE BEFORE THEY COULD PULL THEIR PERMIT, MOTION BY MR. MOSBY, SECONDED BY VICE CHAIRMAN CAPP TO APPROVE THE LETTER OF RECIPROCITY FOR JOHN W. BROWN AS A RESIDENTIAL CONTRACTOR. PAGE 3 ¥ SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 10/12]93 .BROWN, cont ROLL CALL: AYE: MR. T. SMITH MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. DISCUSSION: BONDING ATTORNEY TORPY TOLD THE BOARD THAT IF A CONTRACTOR C~E IN TO PULL A PERMIT FOR A JOB AND THE CITY BECAUSE OF iNFORMATION THEY HAVE IS CONCERNED THAT. THAT CONTRACTOR WILL NOT SATISFACTORILY COMPLETE THAT JOB, HAS THE ABILITY UNDER THE ORDINANCES RIGHT NOW TO BRING THEM BEFORE THE BOARD AND REQUIRE, PRIOR TO ISSUING THE PERMIT, THAT THE CONTRACTOR POST..A BOND FOR THAT PARTICULAR SOB THAT WOULD DIRECTLY BENEFIT THE HOMEOWNER. THE AMOUNT AND HOW THE BOND WAS GOING TO BE DRAFTED WOULD BE A DECISION OF THE BOARD BASED ON THE EVIDENCE PRESENTED. MOTION BY MR. T. SMITH, SECONDED BY MR. MOSBY THAT WE LEAVE THE BONDING iN THE CITY OF SEBASTIAN AS"IT NOW STANDS. MOTION CARRIED. yIO~ HEARINGS RODNEY WITTKOPP/NEW YORK CARPET WORLD 421 MAPLE ST. MR. WITTKOPP AND MR. NICHOLSON WAS SWORN IN BY CHAIRMAN LAMAN. MR. NiCHOLSON GAVE A REVIEW OF THE CASE. PHIL GOFF, CORPORATE ATTORNEY, SPOKE TO THE BOARD. HE.,SAID THAT THE ACTIONS WERE NOT WILLFUL. THE PAPERWORK HAS BEEN PICKED UP TO GET AT LEAST FOUR SUBS LICENSED WITH THE CITY. .% PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR, MEETING - 10/12/9.3 ~ OF FACT MOTION BY MR. T. SMITH THAT WE FIND NEW YORK CARPET WORLD GUILTY OF 26-171(b), USE OF AN UNLICENSED CONTRACTOR, 26- 172(1), WILLFUL DISREGARD OF THE BUILDING CODES, AND 26- 172(2), AIDING & ABETTING AND THAT WE THROW OUT THE CHARGE OF 26-171(a), UNLICENSED CONTRACTOR, MOTION DIED FROM LACK OF SECOND. MOTION BY MR. MOSBY, SECONDED BY MRS. ENLOW THAT WE FIND N~W YORK CARPET WORLD NOT GUILTY OF 26-171(a), UNLICENSED CONTRACTOR, NOT GUILTY OF 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES, NOT GUILTY OF 26-172(2), AIDING & ABETTING AND GUILTY OF 26-171(b), USE OF UNLICENSED CONTRACTOR. ROLL CALL: AYE: MR. T. SMITH MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. MOTION BY MR. MOSBY, SECONDED BY VICE CHAIRMAN CAPP'~O-FiNE NEW YORK CARPET WORLD $100.00 ON ARTICLE 26-171(b), SUSPENDED. ROLL CALL: AYE: MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: MR. T. SMITH MR. MILLER MRS. ENLOW SPLIT VOTE. MOTION BY MR. MILLER, SECONDED BY MR. T. SMITH THAT UNDER UNLICENSED CONTRACTOR, 26-171(b), THAT THE FINE BE $100'.00'. ROLL CALL: AYE: MR. MILLER MR. T. SMITH NAY: MR. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN MOTION FAILS. PAGE 5 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 10/i2Z94 MOTION BY MR. T. SMITH, SECONDED BY MRS. ENLOW THAT WE FINE NEW YORK CARPET WORLD $100.00 ON 26-171(b), USE OF AN UNLICENSED CONTRACTOR, SUSPEND $50.00. ROLL CALL: AYE: MR. T. SMITH MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: MR, MILLER MOTION CARRIED. SHANE GRAY 421 MAPLE ST. MR. GRAY WAS NOT LISTED ON THE AGENDA BECAUSE THE BOARD SECRETARY DID NOT RECEIVE ANYTHING, BACK TO VERIFY THAT .HE.HAD RECEIVED HIS NOTICE OF HEARING. MR. COO~ER ASKED MR. GRAY IF HE HAD RECEIVED NOTICE OF THE HEARING. MR~ GRAY SAID HE RECEIVED IT APPROXIMATELY' A MONTH MOTION BY MR. MOSBY, SECONDED BY ~ICE CHAIRMAN CAPP TO PUT SHANE GRAY ON THE AGENDA. MOTION CARRIED. MR. GRAY WAS SWORN IN BY CHAIRMAN LAMAN, MR. NICHOLSON SAID THAT THIS WAS THE SAME CASE AS THE PREVIOUS CASE ON NEW YORK CARPET WORLD. MR. GRAY SAID THAT HE AGREED WITH WHAT WAS SAID. ~ OF FACT MOTION BY MR. MOSBY, SECONDED BY MRS...ENLOW THAT WE' FI:ND,. SHANE GRAY GUILTY OF 26-171(a), UNLICENSED sUB-cONTRacTOR, NOT GUILTY OF 26-172(1), WILLFUL DISREGARD 'OF BUILgSNO CODE. ROLL CALL: AYE: MR. T. SMITH MR. MILLER MRS. BNLOW MR. MOSBY VICE-CHAIRMAN CAPP CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. PAGE SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 10/12/93 VIOLATION HEARING ~ GRAY, cont MOTION BY MR. MOSBY, SECONDED BY MR. T. SMITH THAT WE"FINE SHANE GRAY $50.00 FiOR VIOLATION OF 26-17I(&), SUSPENDED. ROLL CALL: AYE: MR. T. SMITH MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP · CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. ARNOLD HENDRICKSON 929 FULTON WAY/39 RIVER OAK DR. CHAIRMAN LAMAN NOTED THAT MR. HENDRICKSONWAS INVOLVED I.N A CASE THAT WENT BEFORE THE BOARD A"FEW WEEKS AGO CONCERNING BERNIE ZIMI'LINGHAUS AND KEN WATERS, WATERS ELECTRIC. MR. HENDRICKSON WAS SWORN IN BY CH~.IRMAN LAMAN. MR. COOPER TOLD THE BOARD THAT THI'S CASE STEMMED FROM A PREVIOUS ENFORCEMENT ACTION AGAINST BERNIE ZIMILINGHAUS AND THAT THE TESTIMONY IMPLICATED MR. HENDRICKSON AS AN. EMPLOYEE OF'MR. ZIMILINGHAUS. ATTORNEY JIM WILSON SPOKE TO THE BOARD IN REGARDS TO THI'S CASE. MR. HENDRICKSON SAID THAT BERNIE PAID HIM IN CASH AND SHAT THE MONEY CAME FROM MR. WATERS, THAT HE WAS EMPLOYED BY '- WATERS ELECTRIC. IT WAS NOTED THAT MR. HENDRICKSON WAS NOW LICENSED IN THE CITY OF SEBASTIAN AS A JOURNEYMAN ELECTRICIAN. ~OF FACT MOTION BY MR. MOSBY, SECONDED BY MR'. MILLER THAT WE FI~" ' MR. HENDRICK$ON NOT GUILTY OF 26-171(~), UNLICENSED.. CONTRACTOR AND 26-172(1), WILLFUL DISREGARD OF THE BUILDING CODES AT 929 FULTON WAY AND 39 RIVER OAK DR. PAGE 7 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 1:~0/12/93 VIOLATION HEARING, HENDRICKSON cont ROLL CALL: AYE: MR. T. SMITH MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. RECESS WAS TAKEN AT 9:07 P.M. REOPENED AT 9:17 P.M. WITH ALL PRESENT. DISCUSSION: PRE-MANUFACTURED & ASSBMBLED SHOWER & TUB ENCLOSURES CLYDE HUMPHRIES TOLD THE BOARD HE WANTED TO GET AN OCCUPATIONAL LICENSE TO INSTALL VENTILATED SHELVING AND]OR TUB AND SHOWER ENCLOSURES, ALL PRE-ASSEMBLED, PRE- MANUFACTURED. THE ITEM TAKES 6-8 SCREWS AND SILICONE SEAL. THE GLASS IS ALREADY WITHIN THE FRAME. MOTION BY MR. MOSBY, SECONDED BY= VICE CHAIRMAN CAPP THAT PRE-MANUFACTURED SHOWER AND TUB. ENCLOSURES DO NOT','RBQU'I~ A COMP CARD. ROLL CALL: AYE: MR. T. SMITH ~ MR. MILLER MRS. ENLOW MR. MOSBY VICE CHAIRMAN CAPP CHAIRMAN LAMAN NAY: NONE MOTION CARRIED. MR. COOPER TOLD MR. HUMPHRIES THAT HE WOULD HAVE TO HAVE AN OCCUPATIONAL LICENSE SINCE HE WOULD BE WORKING OUT OF THE FISCHER TRADE CENTER. BUILDING OFFICIA~ MATTERS: BOB MCGRAW OF 1361 SCROLL SAID HIS HOME WAS BUILT BY PRUDENTIAL BUILDING, SUPERVISED BY BILL BARBER, VICE PRESIDENT AND qUALIFIER, MANUEL RAIMI. PAGE 8 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 10/12/93~ BUILDING OFFICIAL MATTERS cont HE TOLD THE BOARD THAT. MR. BARBER AND PRUDENTIAL LEFT H~ AND HIS WIFE WITH $58~000 OF INDEBTEDNESS AND 15 LIENS AND ~UB- CONTRACTORS FROM BROWARD TO BREVARD COUNTIES UNPAID. HE MENTIONED THE AFFIDAVIT STATING THAT BILL BARBER WAS NO LONGER A PART OF MERIDIAN BUILDERS WAS DATED OCTOBER 5TH~ HE SAID THAT HE FEELS THAT HE IS HIDING IN A CORNER RIGHT NOW AND WILL BE COMING BACK. MONA LISA, WHO DOES THE CLEANING OF THE NEW HOMES FOR.WHIOR: SHE SAID SHE HAS NOT BEEN PAID FOR YET~ SAID THAT BI:LL BARBBi~ WAS TO HAVE SIGNED HER CHECKS. ON OCTOBER 7TH, BILL BARBER, REPRESBNTING MERIDIAN~ TOLDi MONA TO DO SOME HOUSES THAT WERE LOCATED AT GRAND HARBOR. MONA SAID SHE WOULD COME. INTO THE BUILDING DEPARTMENT IN"'TH.E MORNING TO DO AN AFFIDAVIT UNDER OATH. MYRAN GOODRICH, 1509 ESTERBROOK, HAD A CONTRACT WITH PRUDENTIAL BUILDERS TO BUILD HIS HOME HAD TO HIRE ANOTHER CONTRACTOR TO GET HIS HOME COMPLETED. DICK GORDON~ 1550 WHITMORE STREET HAD TO PAY AN EXTRA $2~.000 FOR A LIEN THAT WAS AGAINST THEIR HOME BUILT BY PRUDENTIAL. DISCUSSION: HANDYMAN LICENSE A LENGTHY DISCUSSION FOLLOWED. MR. COOPER SAID THAT WHAT WE NEED IS TO EXEMPT CERTAIN~'THINGS FROM THE LICENSING REQUIREMENTS. MR. MOSBY SUGGESTED THAT HE AND VICE CHAIRMAN CAPP'~DRA'FT A DEFINITION OF A HANDYMAN. ~ IT WAS SUGGESTED THAT THE BOARD SECRETARY CHECK WITH THE ATTORNEY TO MAKE SURE THE SUNSHINE LAW WOULD NOT BE VIOLATED. SCORES WERE REGISTERED IN THE SCOREBOOK BY,.~Vi'CE. CHAIRMAN CAPP AND MR. MOSBY. THERE BEING NO FURTHER BUSINESS~ MEETING ADJOUNRNED AT 1'0:30 P.M.