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HomeMy WebLinkAbout10151981SEBASTIAN CONSTRUCTION BOARD Mm~TING - OCTOBER 15, 1981 MEETING CALLED TO ORDER BY ED PALUCH, CHAIRMAN, AT 8:30 A.M. PRESENT: ED PALUCH, DAVI~ HINES, HUSTON TRIPP, JIM HARRIS, DON LANGLOIS, GREG PALMER AND JOHN CALMES. ED PALUCH, CHAIRMAN, ANNOUNCED THAT MR. JOHN CALMES HAS BEEN APPOINTED BY THE SEBASTIAN CITY COUNCIL TO SERVE ON THE SEBASTIAN CONSTRUCTION BOARD. MR. CALMES, STATED THAT HE IS A LICENSED ARCHITECT, CHAIRMAN OF THE CITY OF VERO BEACH BUILDING BOARD OF APPEALg, CHAIRMAN OF THE COUNTY OF VERO BEACH, BUILDING BOARD OF APPEALS AND PRESIDENT OF THE AMERICAN INSTITUTE OF ARCHITECTS. ED PALUCH?ANNOUNCED THAT THE MINUTES FROM EACH MEETING WILL BE TYPED AND MAILED TO EACH BOARD MEMBER, SO THEY CAN BE READY FOR APPROVAL AT THE NEXT REGULAR MEETING. MOTION BY HUSTON TRIPP, SECONDED BY DON LANGLOIS, TO ACCEPT THE MINUTES FROM THE MEETING OF OCTOBER 6, 1981. CARRIED. ED PALUCH REPORTED THAT ARTHUR MAYER, BUILDING OFFICIAL, RECEIVED A LETTER FROM FATHER LASAGE, PASTOR, ST. WILLIAMS CATHOLIC CHURCH. iT.~WF~S~LIN~D THAT ST. WILLIAMS DID NOT W~A~TE~__FURTHER ACTION FROM THE CITY REGARDING THE COLLAPSED BETON HALL BUILDING. (SEE LETTER ATTACHED) ED PALUCH READ A LETTER FROM THE DEPARTMENT OF PROFESSIONAL REGULATION, ACKNOWLEDGING THE RECEIPT OF A COMPLAINT THAT WAS FILED AGAINST MR. JOHN SCHLITT. (SEE LETTER ATTACHED) · ARTHUR MAYER, BUILDING OFFICIAL, REPORTED THAT HIS MAIN CONCERN WAS IF MR. SCHLITT WOULD DRAW UP NEW PLANS FOR THE NEW BUILDING AT THE CHURCH, IF THE CITY SHOULD ACCEPT THEM OR WAIT FOR HIS ADMINISTRATIVE HEARING TO BE OVER. ATTORNEY KILBRIDE STATED THAT IN REGARDS TO THE LETTER FROM FATHER LASAGE , ST. WILLIAMS CHURCH, THAT THERE BE NO FURTHER ACTION. THE SEBASTIAN CONSTRUCTION BOARD DECIDED NOT TO TAKE ANYMORE ACTION CONCER~TW~E- COLLAPSED BUILDING AT ST. WILLIAMS CATHOLIC CHURCH. ARTHUR MAYER REPORTED THAT MR. NIELSEN HAS RESPONDED TO THE CERTIFIED LETTER THAT WAS SENT TO HIM AND THAT HE WAS PRESENT. MR. NIELSEN, CONTRACTOR, PRESENTED INVOICES AND WAIVER OF LIENS AND INDICATED THAT HE HAS TAKEN FULL CONTROL OF THE JOB AND THAT BOBBY MONEYHAN IS NOW ONLY CONCERNED WITH THE ELECTRICAL AND FINANCIAL B~CKING. MOTION BY JIM HARRIS, SECONDED BY HUSTON TRIPP, THAT WE CONTINUE UNTIL THE CERTIFICATE OF OCCUPANCY, PROVIDING THAT EVERYTHING GOES ALONG ACCORDING TO THE WAY IT IS AT THE PRESENT TIME AND TO BE ALLOWED FULL PERMIT PRIVILEGES. CARRIED. A SPOKESMAN FOR EXECUTIVE TITLE COMPANY, REPORTED THAT EXECUTIVE TITLE COMPANY HAS CLOSED 11 BALCOR, INC. TRANSACTIONS, FiVE A-1 BUILDERS TRANSACTIONS AND THAT THE LIENS CAME ON RECORD AF~TERWARDS. EXECUTIVE TITLE COMPANY NOTIFIED MR. TOLLMAN, BALCOR, INC., THAT THEY WILL NOT BE..DOING ANY .FURTHER BUSINESS WITH HIM. - 1 - SEBa~gTI~, CONSTRUCTION BOARD MEETING - OCTOBE?. ~5, 198! SPOKESMAN, EXECUTIVE TITLE COMPANY, SUGGESTED THAT SOME TYPE OF RULES OF A BUYER BEWARE TYPE OF pAHPLET BE PREPARED BUT WITH ALL THE LEGAL RAMIFICATIONS, IT WAS FELT THAT THIS TYPE OF PAMPLET SHOULD BE DRAWN UP BY AN ATTORNEY. IT WAS ALSO STATED. THAT A CONTRACTOR MUST HAVE A C~OMM~N~TMENT DATE AND A DATE OF COMPLETION ESTABLISHED. A NOTICE OF COMMENCEMENT SHOULD BE POS~ED"~AT THE JOB SITE AND IF NOTICE IS NOT POSTED, IT SHOULD BE MADE CERTAIN THAT THERE IS ONE POSTED BEFORE MATERIALS ARE SUPPLIED. ATTORNEY KILERIDE REPORTED THAT TITLE COMPANIES DO NOT REPRESENT EITHER THE BUYER OR THE SELLER AND THAT THERE IS NO LEGAL OBLIGATION. ;;Oi?EZTHER;'~.PAR~z'~ND SINCE THERE IS NO OBLIGATION TO INSURE THAT ONE PARTY' OR THE OTHER IS PROTECTED; IT IS aECOMMEWmED THAT AN ATTORNEY Bm USED PARTICULARY TO INSURE THAT LIENS ARm PAiD AND THE FINAL CONTRACTORS AFFIDAVIT IS COMPLETED. ATTORNEY KILERIDE STATED THAT HE WOULD LOOK INTO SOME TYPE OF A BUYER BEWARE GUIDELINE PHAMPLET. ATTORNEY KILERIDE EXPLAINED THAT IF A OWNER OWNS HIS LOT AND THE GENERAL CONTRACTOR IS BUILDING ON IT, THE SUBCONTRACTOR HAS 45 DAYS FROM THE DAY HE STARTS, TO FILE A NOTICE OF INTENT TO LIEN, IF HE DOES NOT FILE WITHIN THE 45 DAYS,-HE CANNOT FILE A LIEN, HIS LIEN IS NOT VALID. IF A GENERAL CONTRACTOR OWNS THE LOT, HE THEN HAS 90 DAYS, FROM THE DAY HE FIN$SHES. ATTORNEY KILBRIDE STATED THAT FOR THE RECORDS, A-1 BUILDERS AND BALCOR, INC. WERE SENT REGISTERED LETTTERS AND ASKED TO APPEAR BEFORE THE BOARD AT THIS MEETING ~ ARTHUR MAYER, BUILDING OFFICIAL.REPORTED THAT A-1 BUILDERS AND BALCOR, INC. WERE SENT REGISTERED LETTERS AND TO DATE A RETURN RECEIPT HAS NOT BEEN RECEIVED FROM_BA~ INC.. AND A-1 BUILDERS WILL NOT ACCEPT ANY REGISTERED LETTERS. ED PALUCH STATED THAT A-1 BUILD..ERS AND BALCOR, INC. WILL BE PERMITWEB'"'TO COMPLETE ANY JOB THEY HAVE STARTED, BUT THE PREVIOUS ACTION WILL STAND, IN T~T?THEYiWI~L BE RESTRICTED OF ALL LICENSE AND PERMIT PRIVILEGES. ATTORNEY KILBRIDE REPORTED THAT HE MADE SOME CHANGES iN THE CONSTRUCTION BOARD ORDIN- ANCE IN ORDER TO CLARIFY THE pOWERS AND DUTIES IN PARTICULAR AND CERTAIN ACTIONS AGAINST CONTRACTORS OR SUB CONTRACTORS OR PEOPLE IN THE CONSTRUCTION INDUSTRY. HE INDICATED THAT HE FELT THESE CHANGES WOULD BELHELPFUL. THE CHANGES MADE TO THE CONSTRUCTION BOARD ORDINANCE ARE Ag FOLLOWS: 1. MEMBERS WOULD NOT RECEIVE ANY PAY, BUT IF THE COUNCIL DECIDES, THAT IT BECOMES NECESSARY, MEMBERS WOULD BE ENTITLED TO BE REIMBURSED FOR ACTUAL EXPENSES. THE BUILDING OFFICIAL ~S THE PRIMARY PERSON WHO WILL ENFORCE VARIOUS CODES AND BRING THE CHARGES pROCEEDING FOR DISCIPLINARY ACTION BEFORE THE BOARD, WITH THE CITY ATTORNEY BEING LEGAL COUNSEL.AND CLERK ASSISTING. 3. CLARIFYING THE DUTIES AND POWERS OF THE BOARD. 4. ADDING le-12, REASONS WHY A LICENSE WOULD BE SUSPENDED. MOTION BY JIM HARRIS, SECONDED BY HUSTON TRIPP, TO ACCEPT THE pROPOSED AMENDMENTS TO THE SEBASTIAN CONSTRUCTION BOARD ORDINANCE, WITH ONE CHANGE MADE ON NUMBER 11, AS WRITTEN. CARRIED. - 2 - J SE_~STIAN CONSTRUCTION BOARD MEETING - OCTOBER 15.,... 1981 MOTION BY JIM HARRIS, SECONDED BY DON LANGLOIS, THAT A DEED TO PROPERTY MUST ACCOMPANY APPLICATION FOR A BUILDING PERMIT IN ORDER FOR A BUILDING PERMIT TO BE ISSUED. CARRIED · ATTORNEY KILBRIDE EXPLAINED THAT THE PURPOSE OF THE NOTICE OF COMMENC~M~ENT IS TO INFORM SUB ~ONTRACTORS WHO THE~?'~WNER OF THE LOT IS, SO THEY CAN FILE THEIR NOTICE OF INTENT TO CLAIM LIEN. UNLESS THE OWNER OF THE LAND DOES IT, EVERY PAYMENT THAT IS MADE TO THE GENERAL CONTRACTOR IS IMPROPER PAYMENT AND THE OWNER WILL BE STUCK IN THE END. ATTORNEY KILBRIDE SUGGESTED THAT A!~'S~ANDARD LETTER SHOULD BE SENT OUT BY THE BUILDING OFFICIAL. HE RECOMMENDED THAT THE LETTER SHOUAD .INFORM THE3PROPERTY "OWNER 'THAT THE GENERAL CONTRACTOR HAS PULLED A BUILDING PERMIT AND AS THE OWNER OF THE PROPERTY, THE STATE REQUIRES THAT A NOTICE OF COMMENCEMENT' MUST BE FILED TO THE PUBLIC RECORDS OF iNDIAN RIVER COUNTY AND THAT THIS NOTICE MUST BE POSTED ;~T THE JOB SITE. MOTION BY H~;STON TRIPP, SECONDED BY DON LANGLOIS, THAT A COPY OF A WARNING TO HOME OWNERS, BE SENT DIRECTLY TO THE PROPERTY OWNERS NAME WHO IS ON THE FRONT PAGE OF THE DEED AS IT IS ATTACHED TO THE BUILDING PERMIT. ED PALUCH, CHAIRMAN, REPORTED THAT MANY OF THE PEOPLE WHO ARE LEFT WITH UNCOMPLETED HOMES FROM A-i BUILDERS AND BALCOR, INC. HAVE BEEN CONTACTING OTHER LEGITIMATE CON- TRACTORS FOR COMPLETION PRICES F%)R THEIR UNFINISHED HOMES, MANY OF THESE PEOPLE HAVE BEEN QUOTED VERY HIGH PRICES. SINCE THERE AREMANY SUB CONTRACTORS OUT OF WORK BECAUSE OF A-1 BUILDERS AND BALCOR, iNC., THEY ARE TALKING OWNERS INTO CON- TINUING THE PERMITING OF THE JOB AS ED PALUCH INDICATED THAT WITH ALL THE PROBLEMS THESE PEOPLE HAVE ALREADY ~AD, THEY SEEM TO BE IN.~H VERY~VOLUNTERABLE SPOT. ARTHUR MAYER, BUILDING OFFICIAL STATED THAT HE HAS BEEN CONFRONTED W3~TH THE SAME SITUATION AND HE iNFORMED THESE PEOPLE THAT $OME/OF.~THESECSUB~ON~R~ F~AY BE UNLICENSED, 'THERE C~;U]J~..'BE ~AJ~DELAY IN MATER~H~S"i~VD"'THAT 'THE.LSUB£CON~RAC~'RS~WERE_. NOT QuoTwNG-..THEM' A~'TO~AL?'RR27UE. HUSTON TRI~P STATED THAT AN AMOUNT OF WORKMENS COMPENSATION INSURANCE HAS NOT BEEN DETERMINED AND THAT THE OWNER BUILDERN~I~TO BE REQUIRED TO CARRY IT IF A SUB CON- TRACTOR IS WORKING ON THE PREMISES. MOTION BY HUSTON TRIPP, SECONDED BY JOHN CALMES, THAT THE OWNER BUILDER BE REQUIRED TO CARRY THE SAME AMOUNT OF WORKMENS COMPENSATION THAT THE GENERAL CONTRACTOR IS RE- QUIRED TO CARRY IN THE CITY OF SEBASTIAN, P~$OR TO ISSUING AN OWNER BUILDER BUILDING PERMIT. MAYOR FLOOD STATED THAT HE SPOKE TO MR. HUMPHREY, REGARDING THE WORKMANS COMPENSATION POLICY AND HE INDICATED THAT THE BOARD SHOULD CONSIDER iT AND THAT THE OWNER BUILDER WOULD BE LIABLE IF HE EMPLOYED ANYONE BY THE HOUR. · HE BOARDJD~SCUSSEDH~HEiPOSSIBLITYOF TEMPORARILY STOPPING THE ISSUANCE OF OWNER BUILDER PERMITS UNTIL A DECISION IS MADE ATTORNEY KILBRIDE STATED THAT HE FELT~BYREQUIRING WORKMANS COMPENSATION COVERAGE WOULD BE THE BEST, IN DEALING WITH THE iMMEDIATE PROBLEM. - 3- SEBASTIAN CONSTRUCTION BOARD MEETING .- OCTOBER. 15, 1981 THE BOARD DECIDED TO DO SOME FURTHER RESEARCH REGARDING THE PERCENTAGE OF WORK COMPLETION BY THE OWNER BUILDER.AND TO DISCUSS IT AT THE NEXT MEETING. ED PALUCH, CHAIRMAN, ANNOUNCED THAT THERE WOULD BE A CONTINUATION OF THIS MEETING ON WEDNESDAY, NOVEMBER 4, 1981, IN CITY HALL, AT 8:30 A.M. MEETING ADJOURNED: SEBASTIAN CONSTRUCTION BOARD MEETING - NOVEMBER 4, 1981 MEETING CALLED TO ORDER BY ED PALUCH, CHAIRMAN, AT 8:30 A.M. PRESENT: ED PALUCH. SON ~NGr~Zs. ~IM Hm~RIS. G~G PALMER AND .~_o._,r~.c~$~,.'r'~.'p~ THIS IS A CONTINUATION OF THE MEETING HS~ ON ~TOBER 15, 1981 WITH ~E DISCUSSION o~ O~R/~~. ~B~ DEVOE, SEC~T~Y, BUI~fNG DEPART~NT, ~PORTED ~AT SHE CON~AC~D OTHER CITIES, ~G~ING ~QUI~MENTS OF O~ER BUI~E~. ~uuz~NTs ~ BEA~ & INDI~ RI~R ~ STA~NT OF FACT F~M THE STATE, COPY OF WA~ DEED, NO INSU~CE ~QUI~D, ALL ~ C~ ~ S~ED OUT OR CO~TED BY O~ER BUI~ER. CITY OF PALM BAY STATEMENT.OF FACT FROM THE STATE; NO INSURANCE REQUIRED, AL~'WORK CAN BE SUBED'OUT OR COMPLETED BY OWNER BUILDER PALM BEACH CORAL GABLES NO INSURANCE REQUIRED, ALL WORK CAN BE SUBED OUT. OR COMPLETED BY-OWNER BUILDER, ELECTRICAL, PLUMBING AND AIR CONDITIONING MUST BE SUBED OUT ALL WORK CAN BE SUBED OUT OR COMPLETED BY OWNER BUILDER, EXCEPT THE ROOF, CAN PULL ELECTRICAL, PLUMBING AND AIR CON- DITIONING PERMIT AFTER SPEAKING WITH THE BUILDING INSPECTOR .TO SEE IF THEiOWNER BUILDER iS KNOWLEDGEABLE ENOUGH, REQUIRE DOUBLE FEE FOR ALL OTHER BUILDING PERMITS, DADE. .COUNTY ~EPENDS ON THE VALUE OF THE HOME, IF IT_I_S' ,A__ I~_._R._GE_ HOM~ THE~ ~I_L~; ~ .B_~.'_AL~OWED..TOi'. BU!~' D ~ i.~.i%?J~....IEfI?; IS: 'AT'SI~L~JHOME, THEY MUST SUB OUT THE ELECTRIC, PLUNBING..AND AIR CONDITIONING, AND IF NOT KNOWLEDGEAGLE- MUST SPEAK TO THE BUILDING INSPECTOR. ARTHUR MAYER, BUILDING .OF3fI~I~._. RECOMMENDED THAT AN OWNER BUILDER SHOULD BE REQUIRED TO SUB CONTRACT OUT THE PLUMBING, ELECTRIC AND AIR CONDITIONING, UNLESS HE IS KNOW- LEDGEABLE IN THE TRADE. HE SUGGESTED THAT THE BOARD ARRIVE AT A FEW SIMPLEQUESTIONS THAT COULD BE ASKED IN ORDER' TO QUALIFY AN OWNER BUILDER TO COMPLETE ONE OF THESE SPECIFIC PHASE~=.~