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01-16-1986 ~ f U CITY OF EDGEWATER BUILDING CODE BOARD January 16, 1986 Minutes - Regular Meeting Chairman Howard called the regular meeting to order at 7:05 p.m. in the Community Center. ROCLC~L Members present: Messrs. Howard, Cole, Ogram, Hall. Also present: Mr. Fischer, Building Official and Beth Beeco, Secretary. Mr. Vanzin was excused. Present in audience was Mrs. Darlene Vann for Citizen's Complaint. APPROVAL OF MINUTES Mr. Howard asked regular meeting. seconded and the the members if they had reviewed the minutes from the July 18, 1985 Mr. Cole made a motion to accept the minutes as submitted. Mr. Hall motion was approved 4-0. OLD BUSINESS Citizens complaint as forwarded from Mrs. Martinez per City Council, dealing with noise from construction and contractor's hours. Mr. Howard asked Mrs. Vann if she had anything to add to her complaint and she replied that her complaint stood as written. Mr. Howard asked the Board members if they had a chance to review the excerpts of ordinances from other cities dealing with the subject. They all had, and Mr. Howard explained that most of the ordinances were similar in the work hours and type of work (operating tools and noise making equipment). Mr. Fischer reviewed the current noise ordinance explaining that 7:00 a.m. to 11:00 p.m. was considered a normal work day seven days a week. Mr. Howard noted that other cities did have restrictions of hours on weekends and holidays, and that this seems to be the best way to enforce because decible levels are hard to test, prove or enforce. He asked Mr. Fischer if the contractors could live with something similar to Port Orange's ordinance restricting the operating of tools and equipment only. Mr. Fischer said enforcement would be hard, but if working hours were limited, enforcement would be easier. He suggested that perhaps this should be added to our ordinance for construction because it is one of our major industries in Edgewater. The Board members discussed the different ordinances from neighboring cities and noted that if restrictions were placed on hours of work enforcement could be through the Police Department when a homeowner called in to complain of noise going on after hours, whereas you could not have enforcement if there was a decible level test required. Mrs. Vann stated her complaint was about working as a whole, not just one type of noise, and there was no day of rest from this noise until the job was completed and the workers moved on to another job. Mr. Howard stated he cannot agree with no work on Sunday, but could go along with something limiting the time on Sundays and Holidays. Mrs. Vann said even if she had been able to sleep in on the weekends she would not have objected and limiting hours on Sundays would be an improvement and at least give the citizens a break. Mr. Hall said he had no objections to Sunday work not starting until 10:00 a.m. Mr. Cole thought that was reasonable. Mr. Hall made a motion that the Board send a recommendation to the City Council to add to our current noise ordinance "Noise from the operating of tools or equipment used in construction be prohibited from 11:00 p.m. to 6:00 a.m. Monday through Saturday and prohibited from 6:00 p.m. to 10:00 a.m. on Sundays and nationally recognized holidays". Mr. Cole seconded and the motion passed 4-0. ~ u Revision of Code Board's responsibilities, duties and title Mr. Howard noted that since the City Attorney had just brought copies of the finished Final Draft of the Ordinance to City Hall today and the members had not had a chance to review it, a special meeting should be scheduled at the first available date in February to finish reviewing it. A discussion followed on the rough draft and Mr. Fischer noted that on Page 10, Section 7-348 Unlawful Activities, (8) mentioned Failure to pay creditors as being a reason for a city license to be revoked and this should be removed from the ordinance as the Board should not act as a bill collector. The Board agreed this should be stricken. Also discussed was registration of all sub-contractors, updating the Plumbing, Electrical and Mechanical Code and adopting the 1985 Codes. Mr. Howard said the Board may want to appoint sub-committees to help with the code revisions and have meetings once a month or whatever was necessary to get the code updated and adopted. Mr. Fischer was asked to get copies of our current plumbing code to Mr. Hall for review and the Electrical code to Mr. Ogram for review. NEW BUSINESS Bill from Jose' AI~arez, City Attorney, amending and regulating local boards. Mr. Howard asked the members if they had read the material and they had. He stated that there was no action necessary by the Board on this item, it was just information, and that the City Attorney had covered it in the ordinance. Upcoming expiration of Board Member's terms Mr. Howard stated he had spoke with Mr. Cole and that although he was not able to contact Mr. Vanzin, he was sure Mr. Vanzin would be willing to serve another four years as it had been mentioned in the past. Mr. Fischer brought up the fact that the terms would be for three years after the new ordinance is adopted. Mr. Hall made a motion that the Board recommend to Council Mr. Cole and Mr. Vanzin be reappointed for another four years. Mr. Ogram ~econded. Motion passed 4-0. The secretary was asked to forward that recommendation to Council. Request from Frank Hall for an exception to Satellite Dish Ordinance Mr. Howard asked for a motion to sit as the Board of Adjustments and Appeals. Mr. Ogram made the motion and Doug Cole seconded. Passed 4-0. Mr. Howard stated for the record that we were now sitting as the Board of Adjustments and Appeals. He read into the record the letter sent to the Board by Board Member Frank Hall requesting permission from the Board to place his satellite dish in the front of his residence on Wilkinson Street. At this time Mr. Hall stated he had a conflict of interest in this matter as this was his residence and would be for his family and himself, and since he was a member of the Board he would be abstaining from voting. Mr. Howard noted there were now three members of the Board, Himself, Mr. Cole and Mr. Ogram. He also noted that the Building Official had to deny permission for the permit because of the Satellite Ordinance and Mr. Hall was appealing to the Board for relief and the Board had the right to grant it, with the decision going no further than the Board unless someone wanted to carry it to court. Mr. Fischer explained the current ordinance prohibits placement in the front yard and limits them to side and rear yards, five feet from property lines. Due to the setting of the home, the placement of the home on the lot and the position of the City water tower, the only place the satellite dish could be placed for normal reception would be in the front yard. Mr. Fischer said this was a hardship not created by the homeowner. -2- Building Code Board Minutes - January 16, 1986 ~ u Request from Frank Hall for an exception to Satellite Dish Ordinance (continued) Mr. Howard polled the members for any objections or discussion. There were no objections. Mr. Cole made a motion that the Board approve the appeal and allow placement of the Satellite Dish where so located on the survey. Mr. Ogram seconded. Motion passed unanimously. (3-0) MISCELLANEOUS - None Mr. Hall made a motion to adjourn. Mr. Cole seconded. Meeting was adjourned at 8:15 p.m. (4-0). Minutes submitted by Beth Beeco i"' . \ ~',~ '. . FORM 4 ME~ORANDUM OF VOTI~ CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME Hall, Frank THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SER VE IS A UNIT OF: MAILING ADDRESS POBOX 568 Xlll CITY Cl COUNTY Cl OTHER LOCAL AGENCY Cl STATE CITY COUNTY EDGEWATER, FLORIDA 32032 VOLUSIA NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED JANUARY 16, 1985 CITY OF EDGEWATER NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE BUILDING CODE BOARD WHO' MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting connict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOS.URE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the connict: (a) PRIO R TO TH E VOTE BEING T AK EN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on January 16 .19~: (a) I abstained from voting on a matter which (check one): --L-- inured to my special private gain; or _ inured to the special gain of , by whom 1 am retained. PAGl CE FORM 4. REV. 10-84 a~ /f~-/7Rb ;:7 Date Filed ~4~~~ Signature. Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within I S days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 - : (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of . by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTESfll2.317(1983).A FAILURETO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IM~EACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALAR Y. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. CE FORM 4. REV. 10-84 PAGE