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Home My WebLink About12081992 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 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, DECEMBER 8, 1992 AT 7530 P.M. IN THE CITY COUNCIL CHAMBERS. K.' NAPPi,-§~CRETARY 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 DECEMBER 8, 1992 - ?:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS~ BLOCK EXAM DION, MICHAEL S./ALUMINUM/CONCRETE WELCH, CHRISTOPHER L./PAINTING MEEK, DAVID W./PLUMBING CONTRACTOR VIOLATION HEARINGS LAWRENCE F. SIETSMA/HOLIDAY BUILDERS 502 CONCHA DR./541BROOKEDGE TERRACE JAMES MARTIN/INDiAN RIVER HOMES 414 TOLEDO STREET GLEN JACOBY 161FELLSMERE ROAD ATTORNEY MATTERS: RECORD SCORES IN SCOREBOOK 15 MINUTES TO PUBLIC REGULAR MEETING - 11/10/92 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, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. CONAGEN.DOC SEBASTIAN CONSTRDCTION BOARD MEETING WAS ROLL CALL: ABSENT: MOTION BY MR. NEUBERGER, MINUTEs OF MEETING HELD CALLED TO ORDER AT 7:30 P.M. PRESENT: MR. MOSBy MR. SERRY SMITH MRS. ENLOW MR. TRUMAN SMITH MR. NEUBERGER CHAIRMAN LAMAN VICE CHAIRMAN DERNBAcH MR. HANEY _ EXCUSED MR. CAPp _ EXCUSED BY CHAIRMAN LAMAN. EXCUSED SECONDED BY MR. MOSBY THAT THE: 11/10/92 BE ACCEPTED AS WRITTEN. MOTION CARRIED. NONE BLOCK EXAM DION, MICHAEL S./ALUMiNUM/CONCRETE WELCH, CHRISTOPHER L./PAiNTiNG MEEK, DAVID W./PLUMBiNG CONTRACTOR MOT/oN BY MR. j. SMITH, SECONDED BY MR. NEUBERGER THAT~.~ ACCEPT MR. MicHAEL DION .... MR. NEUBERGER ASKED ABOUT THE CATEGo EXPLAINED THAT ALUMINUM/CONC ' ~ RY. THE BOARD SEcRETARy COULD POUR A RETE W~S/ONE TRADE AND THAT HE SLAB ONLY FOR HIMSELF MOTION CARRIED. MOTION BY MR. j. SMITH, SECONDED BY MR MOSBY THAT WE ~C'CEPT CHRISTopHER WELCH FOR PAINTING. · MR. MOSBy ASKED WHAT THE PENDING FELONy WAS. MR. WELCH SPOKE TO THE BOARD. PAGE 2 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 12/8/92 MR. WELCH NOTED THAT THE FELONY WAS NOT PENDING, THAT IT WAS OVER WITH~ THAT HE HAD SERVED HIS PROBATION. MOTION CARRIED. MOTION BY MR. NEUBERGER, SECONDED BY MR'. MOSBY THAT WE.ACCEPT MR. DAVID MEEK FOR THE BLOCK EXAM PENDING. A CREDIT REPORT. MOTION CARRIED, HEARINGS LAWRENCE F. SIETSMA/HOLIDAY BUILDERS 502 CONCHA DR./541 BROOKEDGE TERRACE CHAIRMAN LAMAN SWORE IN TOM WRIGHT, REPRESENTATIVE .FOR HOLIDAY BUILDERS AND ROBERT NICHOLSON~ CODE ENFORCEMENT OFFICER. MR. NICHOLSON GAVE A RUNDOWN OF THE CASE. f MR. WRIGHT EXPLAINED THAT PRIOR TO THESE TWO JOB SITES THAT LAND CLEARING WAS NOT LISTED ON THE PERMIT APPLICATION.' MR. BONACCI VERIFIED THIS. MOTION BY MR. NEUBERGER~ SECONDED BY MR. J. SMITH.FOR DISCUSSION THAT CHARGES BE DISMISSED. MR. MOSBY FELT THAT SINCE ST. LUCIE TRACTOR WAS FOUND ~.UILTY AT THE NOVEMBER MEETING AND HOLIDAY BUILDERS WAS THE ONE THAT HIRED THEM, THAT THE VIOLATIONS F~ HOLIDAY SHOULDN'T BE DISMISSED. AYES: NAY: ROLL CALL: MR. NEUBERGER MR. MOSBY MR. $. SMITH MRS. ENLOW MR. T. SMITH CHAIRMAN LAMAN MOTION FAILS. FINDINGS O'F FACT. MOTION BY MR. MOSBY, SECONDED BY M~k. NEUBERGER THAT WE-FIND HOLIDAY BUILDERS GUILTY OF 7-99(B'), USE OF AN UNLICENSED ~ . CONTRACTOR, NOT GUILTY OF 7-100(1)~ WILLFUL DISREGARD';'6F." BUILDING CODES, NOT GUILTY OF 103.5, FAILURE TO COMPL~'.i~:WiTH LOCAL CODES, NOT GUILTY OF' 7-I00(2), AIDING &'ABETTING. MOTION CARRIES. PAGE 3 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING - 12~8792 MOTION BY MR. MOSBY, SECONDED BY MR. NEUBERGER FOR D'Is~cUS~ION THAT WE FINE HOLIDAY BUILDERS $150.00 FOR USE OF AN UNLICENSED CONTRACTOR, AND WAIVER $100.00. MR.. NEUBERGER ASKED IF THAT WAS ON EACH CHARGE OR FOR THE TWO TOGETHER. MR. MOSBY SAID iF WOULD BE FOR BOTH CHARGES COMBINED. ROLL CALL: AYES: MR. MOSBY MR. J. SMITH MR. ENLOW MR. T. SMI.TH MR. NEUBERGER NAY: CHAIRMAN LAMAN MOTION CARRIED, GLEN SACOBY 161 FELLSMERE ROAD MR. MOSBY DECLARED A CONFLICT OF INTEREST DUE TO BEING THE ENGINEER OF RECORD IN THE DESIGN OF THE BUILDING A1ND~BEING A PERSONAL FRIEND OF DAVID HAESELER, WHO WAS THERE.A~ 'A WITNESS, MR. JACOBY WAS NOT PRESENT AT'THE MEETING, THE BO~D ~. SECRETARY TOLD THE BOARD THAT HE WAS SERVED HIS PAPERS'AND THAT THIS WAS THE SECOND TIME AND SHE THEN REQUESTED THAT THE BOARD PROCEED WITH THIS CASE. CHAIRMAN LAMAN SWORE IN MR. NICHOLSON. MR,. NICHOL~ON GAVE A RUNDOWN OF THE CASE'. MR. DAVID HAESELER WAS SWORN,IN. MR. HAESELER SAID HE THOUGHT THE JOB WAS TOO SMA~'L TO REQUIRE A BUILDING PERMIT. FINDINGS OF FACT MOTION BY MR. T. SMITH, SECONDED BY MRS. THAT WE FIND MR. JACOBY GUILTY OF 26-171, NO BUILDING PERMIT. ROLL CALL: AYES: .MR. J. SMITH' MRS. ENLOW MR. T. SMITH MR. NEUBERGER CHAIRMAN LAMAN PAGE 4 SEBASTIAN CONSTRUCTION BOARD - REGULAR MEETING NAY: NONE MOTION CARRIED. MR. MOSBY DID NOT VOTE DUE'TO CONFLICT OF'iNTEREST. ~ MOTION BY MR. NEU.BERGER, SECONDED BY MR. J. SMITH T.H~T DUE TO THE FLAGRANT DISRESPECT OF THE LAW AND, OF THIS BOAKD,,B¥"'NOT EVEN SHOWING UP~ THAT WE FINE GLEN JACOBY $500.00, $250.00 ON 26-174 AND $250.00 ON 26-35. ROLL CALL: AYES: NAY: MR. J. SMITH MRS. ENLOW .. : MR. TRUMAN SMITH MR. NEUBERGER CHAIRMAN LAMAN MOTION CARRIED:~' ' JAMES MARTIN/INDIAN RIVER HOMES 414 TOLEDO STREET THE BOARD SECRETARY TOLD THE.BOARD THAT ATTORNEY TORPY ~ASKED THAT THIS CASE BE POSTPONED~ THAT IT WOULD HAVE. TO'GO THROUGH THE COURT SYSTEM. MOTION BY MR. MOSBY, SECONDED ~, MR. J. SMITH'THAT AT'~.THE ADVICE OF THE CITY ATTORNEY THaT WE POSTPONE THE'CASE AGAINST JAMES MARTIN~ INDIAN RIVER HOMES. MOTION'CARRIED. MR. NEUBERGER BROUGHT UP A DISCUSSION ON.iREQUIRING: ALL VEHICLES ON A CONSTRUCTION SI'TE BE MARKED.. 'A 'L~T.flY DISCUSSION FOLLOWED. MR. T. SMITH DISCUSSED THE SUBJECT AS TO WHAT DOE, S'"OR DOES NOT REQUIRE A PERMIT AS FAR AS A/C AND ELECTRICi~L GOES. EXAMPLE: IS A PERMIT NEEDED TO INSTALL A WALL P~R~,IT OR CHANGE A DEFECTIVE OUTLET AND SO ON. A DISCUSSION ,FOLLOWED. MR. BONACCI TOLD THE BOARD THAT IF THERE:>~E~E ANY QuEsTIONS ON' THIS SUBJECT THAT HE wouLD BE GLAD TO'i'TALK TO A~¥oNE'r.~HAT IF HE WASN'T IN THE OFFICE, HE :COULD BE REACHED BY'~iO. SCORES WERE REGISTERED IN THE SCORE BOOK BY MR. NEUBERGER AND MR. J. SMITH. THERE BEING NO FURTHER DISCUSSIONS, MEETING ADJOURNED AT 9:00 P.M. FORM 8B COUNTY, MUNICIPAL, AND OTi MEMORANDUM OF VOTING CONFLICT FOR iER LOCAL PUBLIC OFFICERS TUF. BO^RI). COUNCII~ COMMIRRION AUTItORII'V OR COMMITTEF ON WIIICH I REAVE IR A UNIT OF: f~crl'Y o COUNTY o o'rlIER I.OCAi. AOENCY NAME O~ MY PORITION IR: WHO MUST FiLE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instruction~ on this form before completing the reverse side and filing thc form. INSTRUCTIONS FOR COMPLIANCE WiTH SECTION t12.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inUres to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.3:56 or 163.3:57, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in, law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure 'on which you are a{~taining from voting; and WITHIN t5 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in thc minutes. APPOINTED OFFICERS:., ~ x :'.." Although you must abstai~ from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, Whether orally or in writing and whether made by you or at your direction. IF YOU INiEND TO MAKE ANY AITEMPT TO INFI..UENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. , A copy of the form must be provided immediately to the other members of the agency. * Thc form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose Orally the nature of your conflict in the measure before participating. You mu~[ compl,ef~ the form and, file il within 15 ,~a~,s ~fter the vote occurs with the person responsible f~ recor~ng the minutes thc 'fil~tifig,. who~must-ineabi'p0rate' thef0rm I'rt' rile'minutes. A copy of thc form must .be brovidcd/ imtned~tclv ~, 'th~ t tubers of the agency, and the form must be read pubhcly ag the next meeting after the form is 01ed ' ,p DISCLOSURE OF LOCALOFFiCER~S IN'I'~REST ' (a) A measu~~e br will come ~fore my agency which (ch~k one) ~ inured to my s~cial private ~in; ~ inured to the s~cial ~in of my business associate, ; ~ inured to the s~cial ~in of my ~iative ............... ~ " inu~d to the s cial ~in of by whom l am ret~ ined; or ' -- inured t0 the ap :cial ~in of , which is the parent Gq animtion or subsidiary of a principal which has ~tained me. (b} The measure bef~ my agency and the nature of re my conflicting interest in the~s~re is as follows: ~ /z/ 2 Date Filed ' · '. Sign NOTICE: UNDER }'ROVISIONS OF FLORIDA STATUTES ~112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISH[D BY ON~ OR MORE OF TH~ FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, REDU~ION DEMOTION, SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO ~XC~D ...... "'."_5 .... ' ' ,, , CE FORM 8B - 10~9i PAGE 2