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12-29-1973 - Special ~~ u u THE CITY COUNCIL OF THE CITY OF EDGEWATER SPECIAL MEETING HELD DECEMBER 29, 1973 The Special Meeting of the City Council of the City of Edgewater, Florida was called to order by Vice-Mayor David C. Severance on Saturday, December 29, 1973, due to the illness of Mayor George M. Dimm. ROLL CALL Mayor George M. Dimm Councilman Jacob Lodico Councilman Edward Clinton Councilman David Severence Councilman John G. Bevel City Attorney Joseph Weaver City Clerk Sue Blackwell Deputy Clerk Pam Bryant Police Chief George R. Katez Sgt. McCall representing Police Dept. Absent Present Present Present Present Absentt Present Absent Absent Present APPROVAL OF MINUTES NONE BILLS AND ACCOUNTS NONE OFFICERS REPORTS NONE COMMUNICATIONS NONE RESOLUTIONS NONE ORDINANCES NONE OLD BUSINESS Vice Mayor Sevenance stated that they should start with the Building Code violations that were brought to =attention on the tour the Councilmen took with the Building Inspectors from the County. The County Inspectors consisting of Mr. Westbury, Mr. Knock and Mr. Brownrigg. Vice Mayor Severance said he would give each Councilman a chance to express themselves on the issue. Councilman Lodico from Zone One stated that the Inspectors from the County said that there were definately some violations in the code. Mr. Lodico stated that they did say that in some cases depending on the code that we are going by, that there were no violations. Councilman Lodico admitted that some of the homes that they looked into were the so called "crackerboxes", and that according to the Inspectors from the County, there was absolutely some violations. u o Councilman Clinton from Zone Two stated that he was no builder but he could see that the homes they saw were not without violation. He stated that he felt that these people (Faith Brothers Construction Co.) should be made to tear these homes apart. Let them be inspected by the County Inspectors and the ones that are sealed up, should be made to tear them apart also. Let them be inspected and if they are correct and alright, the City should go to the expense to put them back. Councilman Clinton stated that we should go completely through Florida Shores, not just these few houses that they checked. The City of Edgewater hasnnt had these complaints about the local builders, it's the out of town builders that we are complaining about. If Edgewater will buckle down, these people will go back home and tell other builders to pay attention when building in Edgewater because it's going to cost them.. Councilman Bevel from Zone Four stated that a house on Fern Palm where the part stuck on, to square the monolithic slab was questioned by the Inspectors. He stated that he asked the County what they thought we could do about this, they said that under the Southern Building Code Section 104 page 1 Section 1-61 you will find that you can require the builder when it is definately in question as this is, to show proof that this is of sound structure. Councilman Bevel stated that he felt that we should require the builder in this case, especially on Fern Palm, to get an engineer or a Firm of quality to varify that this will hold up. Councilman Bevel stated that we are not saying that .~ we have violations of common sense building or good practice building, we are saying that we have actual violations of the code. Such as traps are not legal it must be bolted to the ground. Shoes not pressure treated, trussess so far out of plumb so that they lose the value of the truss. Drywall not nailed correctly too far apart. The siding not nailed on to the side of the building correctly, no plate in the kitchen wall. On all of these homes, there was no corner bracing. In the book in writing, on a frame house it says if you brace that corner with a let in one by one from the shoe up and you brace it in both directions, cover it and you put a vapor barrier, the type of material you cover it with is not the 1mpartant thing, its the bracing to keep your house braced that is important. These houses don't have bracing and they don't have a vapor barrier. If they can show us that the manufacturers says that the material has a vapor barrier impregnation to it, it would kill this complaint. They are using utility grade studs, and this is in violation of the type of material to be used. In some of the houses the plumbing has no air chambers so that every time you turn the water off your going to hear a bang. The ones that did have an air chamber the air chamber was lower than the next valve, which was defeating the purpose there. There is no strapping on almost all of them and you need backing to put these straps on to hold it. Councilman Bevel stated that they looked at Fern Palm, Kumquat, and 1606 Riverside Drive which is the corner of Hardin Place and Riverside Drive. The man put in the installation real good and then put in a baffel with a top which blocked off the screen vents from getting the cross ventalation. The man had already taken care of this. In the kitchen there is an appliance outlet, which has an electric dishwasher to it, which has to be checked into. Councilman Bevel stated that of the homes that they looked at that they only had one group that fell into the category of constant failure to even try to live up to the code or try to protect the people. These are the homes which we were told there wes nothing wrong with by our inspector. Our problem is what do we do about the homes and what do we do about the inspector. 2. o o Zone Three Vice Mayor Severance stated that he talked with City Attorney Weaver in regard to the legal aspect an what the City can do at this point. Mr. Weaver stated that there were two things the City could do, (1) We can through a letter direct the building inspector that it is the desire of the Council that a construction hault be put out on all Faith Brothers homes built throughout the City of Edgewater. Vice Mayor Severance also stated that City Attorney Weaver told him that we also can in that letter insist that a separate certification of compliance with the code (certificate for each home under construction by Faith Brothers) would issued by an engineer, certifying that these houses are in compliance with the Southern Standard Building Code. Mr. Weaver also stated that we can do this through Mr. LaBonde, if he refuses to put the hault on construction by Faith Brothers then the next step is for the City to terminate Mr. LaBonde and once he is terminated(and he is actually terminated upon receipt of the letter of a thirty day notice, he is stripped of all authority upon that point, even though he paid for these thirty days for the permits that are issued). Then the Mayor has the authority to put this mor1toriam on the construction of this company. City Attorney Weaver would write this letter to the company in reference to this as our City Attorney instructing them that their construction is to be stopped until they come within the compliance with the code. Councilamn Lodico stated that he does not agree with tearing all of these houses down and charging it to the City. He stated that we were looking for how it was constructed but we were looking for something that was done wrong and that was not legal. And that the material that they have been using is within the code. Councilman Bevel stated that some of the material was with the code some wasn't. If we require them to tear out something and it is in violation with the code, the City is of no way held responsible. But if we require them to tear it out and they have complied with the code then we could be held responsible to replace it. Councilman Lodico stated that Councilman Clinton was refering to all of the homes, even the ones that are built and the ones that are almost finished, and that we could get the City into trouble. Councilman Clinton stated that he was talking about the houses that we looked at, not the homes that are occupied. Councilman Lodico went along with that. Councilman Clinton also stated that if the inspector goes and there is sheet rock up over the top of a glass sliding door, this man is told to take it down and let the inspector see what it is, if it's the same way that these houses right here are, the mans got to fix it before he can go any further. But if he tears it down and that's completely in with the code then the City if necessary would have to go to the expense to put it back up there. Vice Mayor Severance stated that they had looked at a home that the building permit was stamped with everything except the final inspection and there had been nothing done except the exterior sheeting and there had been no sheet rock put up, and it had no insulation. 3 . o o Vice Mayor Severance stated that the Council does not have the authority to write these contractors and tell them that they have to stop construction, only the Building Inspector can do it but, we tell the Building Inspector to do it and if he doesn't do this, he is terminated then the Mayor has the authority at that time to stop the contractors. Vice Mayor Severance stated that we looked at those houses and it was the Southern Standard Building Code that Mr. Westberry used and any further revisions adopted. Ordinances Number 236 the 1960-61 revisions and any future revisions to the Southern Standard Building Code. Vice Mayor Severance instructed the City Clerk to look up Ordinances Number 306. Councilman Lodico asked if the Building Inspector is terminated then or after thirty days. Councilman Bevel stated that the agreement may be terminated by either of the parties by giving the other party a thirty day written notice and thereafter each party shall be free of any obligations. Vice Mayor Severance stated that the Southern Standard Building Code was adopted in September 8, 1959 in an Ordinance. Vice Mayor Severance said that there was one question that he would have to ask Mr. LaBonde and that is, does he work out of the Southern Standard Building Code, what revision date is it. Tehn Vice Mayor Severance said that he would have to get with Doc Westberry and find out if that is the same book that he was working out of. Councilman Bevel stated that what he wants him to know is what Ordinance given for the latest revision. Vice Mayor Severance then read Ordinance No 236 Section 1, adopting the Southern Standard Building Code. He stated that according to this Ordinance we are now operating under the 1960-61. He asked if Mr. Westberry was working out of the later edition, and if he was working out of the later edition it may very well be that all of these discrepancies that we have found are in fact not in violation, because we never adopted the newest revision. He stated that Mr. LaBonde gets his paper work from the Southern Standard Building Code Congress, but he does not have the authority to incorporate that into that Building Code only the Council can do that through Ordinances amending it. If Mr. LaBonde has slipped in there and is going by it, he is illegally going ~y it. Vice Mayor Severance stated that he has already written two letters to Mr. LaBonde. One on the pretex of instructing him to do. various things. Two if he refused to do it, to ask an engineer come in and check these houses. The second letter would be given to him. He stated that before he gives Mr. LaBonde these letters he would like to talk to him and make sure that we're working out of the same Building Code. If the references are the same then we know that we are ln~the same book. Councilman Bevel stated that it is not the same Building Code. He stated that we haven't passed one since he came on the Council, and it is revised every year. So we know that we are not using last years revision, so it's at least one year old. He also stated that there are not that many changes in the Building Code. Councilman Bevel duly made a mothion that this letter be typed and delivered with the one change where its says Southern Building Code by inserting the date of the one that we are using being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. 4 . u u Mr. Christy asked if a citizen is allowed to know or read what's in that contract between the City and the inspector? Vice Mayor Severance stated that he didn't see any reason why not. Mr. Christy asked why Mr. LaBonde is not made to return the amount that he has collected all this time because he has not done the job according to his understanding. Mayor Severance stated that the City Attorney was looking into this, in addition to the thirty days during the termination, whether we have to pay anything or not. Councilman Bevel stated during our inspection we approched the County with the possibility of the County becoming our inspectors. What kind of service can we expect from them. Councilman Bevel stated that he told them that we have had bad experience in the past with County Inspectors. Doc Westberry assured the Council that we now have a Building Inspector in the County Courthouse Annex in New Smyrna Beach, that guarantees us three hours service, requesting a twenty four hours notice. If we can not reach an understanding with Mr. LaBonde, we have the alternative of making an agreement with the County, but we must first meet with the County and see what kind of arrangements can be made. Councilman Lodico stated that he did ask some questions of the County, they said there were some differences between the charges they charge $4.00 a thousand for the first 15 thousand, instead of three. $2.50 for the next hundred thousand instead of $2.00. Councilman Bevel stated that the County doesn't care what we charge for building permits. They are going to set their rate for inspections. They will not collect any money on these building permits. They will not determine whether there is a zoning violation or not. We must determine whether someone can put a house in the area then they go and apply to the County, they bring the permit to the City Hall and make the payment here. At the end of the month we receive a bill from the County and we pay the County for their services. Councilman Clinton stated that the County Inspector would be real strict. Vice Mayor Severance stated that if we do go to the County, they more or less guaranteed that there would be no longer that three hours from the time that they received a call from a contractor for an inspection, that they would have a man on sight inspecting. Vice Mayor Severance stated that if in fact the violations are factual (the code we have is the same as that in these areas that the County uses) and it proves out that those violations are in fact violations, the attorney says that that is substantual proof to bring about incompetency against the contractor, and you could restrict them from building in Edgewater. Councilman Clinton stated that he was not talking strictly about Faith Brothers. He asked what would happen if another Company comes into Edgewater like Faith Brothers and starts building these houses, we need these inspectors, look at what they found. Councilman Lodico asked if we do get another building inspector like the County Inspectors, would there be any more complaints to us? Vice Mayor Severance said that he didn't think that there would be. I I . . I Vice Mayor Severance entertained a motion that he have permission to write the second letter in support to the first letter to Mr. Labonde if he refuses to carry out the first letter's requirements Councilman Bevel duly made a motion to have a letter written terminating Mr. LaBonde and be on standby to be delivered if he refused to comply to the first letter, ,being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. 5 . o Q Councilman Bevel stated that he wanted on thing understood, that he was not against Mr. LaBonde, and that he has been of service to Edgewater for many years, and served the City well. The City Clerk explained the problem of the City Dump. She had had a call from a man from Orlando, from the Environmental Pollution people. They had had planes over this area and saw that the dump was on fire, and that is strictly against the law, and we had to have a bull-dozer out there and cover it or they were going to close it down. The- trash Las to be covered daily or again they would close it down. The City Clerk told him that the City did not light the fire, he said that that made no difference. The Inspectors from~the Department of Pollution stated that they would send a letter with their comments and a list of the violations. After a discussion on various problems of the dump, the Council decided to wait for the written report from the State before doing anything abouth the dump. Councilman Lodico stated that he did instruct Mr. Martine to have a dozer cover up the fire after the City Clerk had told him of the conversation with the officials from the State, Chief Katez said that he thought it was a planned fire this time. There were several places burning at once. Councilamn Bevel made a motion that the Council take no action on the dump until we receive the written complaints from the State, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. ADJOURN Councilman Clinton duly made a motion to adjourn the meeting, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMENT MINUTES TAKEN BY 5:20 P.M. ATTEST: ~~~ SU BLACKWELL, CITY CL~K 6. /110 c-~ /' ?)~ r