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SEBASTIAN CONSTRUCTION BO.t\IZIhROVED ... .. DATE ..
APPROVED SUBJECT TO
REGULAR MEETING
OCTOBER 11. 2005 - 7:00 P.M.
Meeting was called to order by Chairman Garland at 7:00 P.M.
The Pledge of Allegiance was said.
ROLL CALL: Present: Ch. Garland
Mrs. Carbano
Ms. Falco
Mr. Nagy
Absent: V.C. Morris
Mr. Conover
Mrs. Lanning
Mr. Dalessandro
All are excused.
Also present: Wayne Eseltine, Building Official; Rich Stringer, City Attorney.
APPROVAL OF MINUTES: None
OLD BUSINESS: None
NEW BUSINESS: Experior Exam
Everyone was sworn in at the same time by Ch. Garland.
Lizotte, DenislElectrical Contractor
MOTION: CarbanolFalco
I make a motion that we allow Denis Lizotte to take the Electrical Contractor Exam.
ROLL CALL: Mrs. Carbano - yes Mr. Nagy - yes
Ms. Falco - yes Ch. Garland - yes
Motion carried 4 - O.
Posada Jr., Jorge/JourneYman Electrician
Ch. Garland noted that Mr. Posada had done electrical work without the benefit of a
license or being employed by an electrician. It was suggested that the application be re-
done, removing the letter verifying this.
Mrs. Carbano also noted that when she added up his experience that there was only 3
years, 10 months being shown. She asked if he had gone to an apprentice school. He
answered yes where he completed 2 years.
MOTION: Garland/Carbano
I make a motion that at this time to hold back on this to allow Mr. Posada to redo his
application and to eliminate the letter he had written and make copies of the school
records.
ROLL CALL: Mrs. Carbano - yes
Ms. Falco - yes
Mr. Nagy - yes
Ch. Garland - yes
Motion carried 4 - O.
Copeman, Peter a./Joumeyman Electrician
MOTION: GarlandlFalco
I make a motion that we allow Mr. Peter Copeman to take the Journeyman Electric
Exam.
ROLL CALL: Ms. Falco - yes
Mr. Nagy- yes
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 4 - O.
Olivieri, Christopher/Drywall
MOTION: Garland/Carbano
I make a motion that we allow Mr. Olivieri to take the Drywall Contractor Exam.
ROLL CALL: Ms. Falco - yes
Mr. Nagy - yes
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 4 - O.
Polverari, Michael E./Excavation
MOTION: Nagy/Falco
I make a motion that we allow Mr. Polverari to take the Excavation Exam.
ROLL CALL: Ms. Falco - yes
Mr. Nagy-yes
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 4 - o.
Peterson Sr., Richard/Irrigation
MOTION: Carbano/Falco
I make a motion that we allow Mr. Richard Peterson to take the Irrigation Exam.
ROLL CALL: Ms. Falco - yes
Mr. Nagy - yes
Ch. Garland - yes
Ms. Carbano - yes
Motion carried 4 - O.
VIOLATION HEARINGS:
Faulkner & Sons, Inc./133 Pineapple Street
26-172 (2) Aiding and Abetting an Unlicensed Contractor
"Proposed Consent Order"
Attorney Stringer told the Board that it is common in administrative hearings to have
"Consent Orders." Rather than going through the testimony and hearing, the
administrative staff talks with them and to see if they are willing to admit to it and what
would be a reasonable type of penalty.
Attorney Stringer requested that he be able to present a Proposed Consent Order. The
Board does have a right to reject it. He then went over the case with the Board.
MOTION: Garland/Carbano
I make a motion that in the matter of Faulkner & Sons, aiding and abetting an unlicensed
contractor, we accept staffs advise with the Proposed Consent Order and not fine the
contractor.
ROLL CALL: Ms. Falco - yes
Mr. Nagy-no
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 3 - 1.
Mike's Land Clearing/331 Pineapple Street
26-171(a) Unlicensed Contractor
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Attorney Stringer was not open to be lenient because he had been out doing demolition
once before. There is a problem in that he has been charged criminally on this event
because at the time the Police were called since he was doing this job without a license.
He was willing to do a Consent Order with a maximum fine. Since formal charges have
been made by the State Attorney's Office, he will have to get a criminal attorney to
discuss the effect an order here would have on the criminal case. Because of this, we
have agreed to continue this case until the criminal case is resolved. He asked that we
continue this for at least 3 months to see if the criminal case is resolved. If it has been,
then we would have a hearing or a Consent Order with the entry of the fines.
MOTION: Carbano/Garland
I make a motion to continue the case of Mike's Land Clearing and Excavating for 3
months until the criminal charges have been worked out.
ROLL CALL: Mr. Nagy - yes
Ch. Garland-:- yes
Mrs. Carbano - yes
Ms. Falco - yes
Motion carried 4 - O.
Lundy's Low Cost Screen Rooms/1037 Evernia Street
26-172(1) Willful and deliberate disregard of the Building Codes
Wayne Eseltine, Building Official, gave a run down of the case. On 9/19/05, a screen
enclosure was under construction at 1037 Evernia Street. No permit had been pulled.
Matt Lundy was there to represent his father Steve Lundy.
MOTION: Garland/Carbano
I make a motion that we fine Steve Lundy $500.00 for the violation of 26-172(1).
ROLL CALL: Ms. Falco - no
Mr. Nagy - yes
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 3 - 1.
Lundy's Low Cost Screen Rooms/11O Joy Haven
26-172( 1) Willful and Deliberate Disregard of the Building Codes.
MOTION: Garland/Carbano
I make a motion that we fine Steve Lundy $500.00 for the violation of26-172(1) for no
permit at 110 Joy Haven.
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ROLL CALL: Ms. Falco - no
Mr. Nagy - yes
Ch. Garland - yes
Mrs. Carbano - yes
Motion carried 3 - I.
Lundy's Low Cost Screen Rooms/317 Breakwater Ter.
26-172(1) Willful and deliberate disregard of the Building Codes.
Ms. Falco told the Board that she did not feel that Mr. Lundy should receive a maximum
fine for all three jobs since he attempted to get permits after he was stopped on the first
job.
MOTION: GarlandlFalco
I make a motion that we fine Steve Lundy $100.00 for violation of26-172(1), no permit
at job located at 317 Breakwater Terrace.
ROLL CALL: Ms. Falco - yes
Mr. Nagy - yes
Ch. Garland - yes
Mrs. Carbano - no
Motion carried 3 - 1.
Kruger Construction, Inc./749 Wimbrow Dr.
26-172(1) Willful and deliberate disregard of the Building Codes.
Wayne Eseltine gave a run down of the case.
Brian Kruger, owner, explained the system they use and said that this job got marked
incorrectly. As soon as they found out that there was no permit, it was applied for
immediately. .
Mr. Eseltine said that in researching the records he found them have a good track record
in pulling permits.
MOTION: FalcolNagy
I make a motion that we put documentation of this hearing in Mr. Kruger's file and that if
it happens again than the Board would proceed with a fine.
ROLL CALL: Ms. Falco - yes
Mr. Nagy - yes
Ch. Garland - yes
Mrs. Carbano -no
Motion carried 3 - 1.
BUILDING OFFICIAL MATTERS: None.
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BOARD MATTERS: None.
ATTORNEY MATTERS: None.
RECORD SCORES IN SCOREBOOK: Ms.Falco~ Mr. Nagy.
15 MINUTES TO PUBLIC: None.
There being no further business~ meeting adjourned at 8:45 P.M.