Loading...
HomeMy WebLinkAbout10152007CB Special~ ~ ~ ~ ~!/ ,. W ~°~/ CHAIRMAN ~3c~~~d `~`~ ~r~.~~aroved Date ~~ ~3 ~~ ~~~~~ approved Subject To ,.: HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 SEBASTIAN CONSTRUCTION BOARD SPECIAL MEETING MINUTES OCTOBER 15, 2007 - 7:00 P.M. Meeting was called to order by Ch. Garland at 7:00 P.M. Pledge of Allegiance was led by Ch. Garland. ROLL CALL: Present: Ch. Garland Mr. Dalessandro Mrs. Carbano Mr. Bulla Mr. Hosey Mr. Widup Mr. Morris NEW BUSINESS: APPEAL BY INDIAN RIVER CONSTRUCTION SERVICES, INC ANDREW ALLOCCO -AS TO VALIDITY OF CITATION OF SECTION 26.2-BLOCKAGE OR UNREASONABLE OBSTRUCTION OF FLOW OF WATER PROHIBITED Ms. Rebecca Grohall, Growth Management Director, presented citations and pictures of the two addresses that are mentioned: 1) 661 Bayharbor Ter 2) 650 Capon Ter Complaint came in from an anonymous caller on the code enforcement hot line. Ms. Grohall and Code Enforcement officer, Mr. Richard Iachini responded to the call and found there was a violation of Section 26.2 which had been in effect since 9/13/06. Courtesy reminders were given in January and August, 2007. Citations were served on 9/25/07 and again on 9/27/07. The contractor had been given notice to remedy the situation within a 24 hour time frame. On 9/27/07, a fine of $500 for each address was issued. Appeal by Mr. Allocco was recorded 10/1/07. As of 10/10/07, there have been no corrected measures at either job address. Mr. Andrew Allocco was sworn in by Ch. Garland. Ms. Rebecca Grohall was sworn by Ch. Garland after her testimony per Mr. Allocco's request. After much discussion, Mr. Allocco asserted that the drainage blockage is not his fault, but that of the City drainage system and the rainy season. He also expressed that he should not have to comply since both jobs were started before the ordinance was passed. City Attorney Stringer advised that Section 26-2 has no "grandfathering" provision. Mr. Allocco said the Building Official was present when the City Engineering inspector was looking at the flow of water and elevation of the two addresses, Mr. Morris asked whether he could remedy the situation by Friday 10/19/07. Mr. Allocco said he would have the swales cleared out and silt barriers up by 5:00 of that day. MOTION: Uphold the citation based on silt barrier not being properly installed as required by code section 26.2, and citation stand as written for both addresses. Motion made by: Widup ROLL CALL: Mrs. Bulla - no Ch. Garland - no Mr. Morris - no Mrs. Carbano -yes Seconded: Carbano Mr. Hosey - no Mr. Widup -yes Mr. Dalessandro -yes Motion denied : 4 - 3 Due to status quo being the existence of a presumed valid citation, Attorney Rich Stringer said will need a second motion to affirmatively overturn the citation. Mere defeat of a motion to uphold the citation has no legal effect. After much discussion, a motion was presented by Mr. Morris allowing Mr. Allocco the chance to approach City Council or Code Enforcement at a later date to request waiver of the fine since this is an unprecedented situation. Due to a lack of second, the motion died. MOTION: Uphold citation of code violation 26.2 for 2 addresses in question stand as written Motion made by: Widup ROLL CALL: Mr. Dalessandro -yes Mr. Widup -yes Mr. Hosey - no Mrs. Carbano -yes Seconded: Carbano Mr. Morris - no Mr. Garland - no Mr. Bulla - no Motion denied : 4 - 3 After much discussion, Mr. Allocco and Ch. Garland felt the Building Official should be sworn in since he had been at the job site with the City Engineer. Mr. Wayne Eseltine was sworn in by Ch. Garland. Mr. Wayne Eseltine summarized the city's position on chain of events which led to this appeal from Mr. Allocco. It was discussed that the two citations should be dealt with separately. MOTION: Board to uphold code violation of section 26.2 for 661 Bayharbor Terrace only. Motion made by: Morris Seconded: Widup ROLL CALL: Mr. Bulla - no Mr. Hosey -yes Mr. Garland -yes Mr. Widup -yes Mr. Morris -yes Mr. Dalessandro -yes Mrs. Carbano -yes Motion carries: 6 -1 After Board would not make a motion on 650 Capon Terrace, Mr. Allocco approached Board, withdrew the appeal and agreed to pay the fine for the 2 violations of $500.00 for each address. He stated he would come into compliance by Friday. - BUILDING OFFICIAL MATTERS: Mr. Wayne Eseltine addressed the Board regarding the reaction of City Council meeting held 10/10/07. The focus at this meeting appeared to be on sun-setting the Construction Board, which is not the feeling of the Board or of the Building Official as expressed at a previous meeting held Sept. 11, 2007. The main issue was to rid the City of sponsoring for licensing exams due to recent cut backs in the Building Department and the financial gains and losses involved with sponsoring contractor licensing. Board agreed to have a workshop 10/30/07 to discuss a presentation to be addressed at the next Council Meeting being held on 11/13/07. ATTORNEY MATTERS: Just to reiterate that section 26.2, which had been approved on 9/13/06, took effect immediately but did allow contractors a 30 day grace period for installing silt barriers of previous permits pulled. 15 MINUTES TO THE PUBLIC: Mr. Allocco gave each member of the Board a letter from the City Manager addressing his complaint of unlicensed workers being at the job site of the couple that he is in litigation with. There being no further business, meeting adjourned at 10:00 p.m.