07-18-1985
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CITY OF EDGEWATER
BUILDING CODE BOARD
July 18, 1985
Minutes - Regular Meeting
Chairman Howard called the regular meeting to order at 7:00 p.m. in the
Community Center.
ROLL CALL
Members present: Messrs. Howard, Vanzin, Cole. Also present Mr. Fischer,
Building Official, Mr. Alvarez, City Attorney, Susan Wadsworth, Deputy City
Clerk and Beth Beeco, Secretary.
Mr. Howard noted for the record that this is a five member board and three
members were present constituting a quorum, and can conduct business.
Also present: Gary Robi~son, Edgewater Glass, Betty Crouser, Ponderosa Homes,
Susan Hall, Ponderosa Homes', Marge Fulton for Citizen~s Complaint, Darlene
Vann, Citizen's Complaint, and Rea Cousins.
APPROVAL OF MINUTES
Mr. Howard asked the members if they had reviewed the minutes from the
April 18, 1985 regular @eeting, April 24, 1985 special meeting, May 1, 1985
special meeting, May 15, 1985 special meeting and June 19, 1985 special meeting.
Mr. Cole made a motion to accept the minutes and Mr. Vanzin seconded. The
motion was approved unanimously.
OLD BUSINESS
85-1 Perry Barrett of Ponderosa Homes violation of Sec. 7-349, Non-Payment
of Funds.
Mr. Howard asked to hear from the gentleman lodging the complaint first,
then from those representing Ponderosa Homes and then from the Building Official.
He asked that all discussions be kept immediately germain to the problem of the
complaint.
Mr. Robinson stated the complaint was brought against Ponderosa Homes and went on
to explain the financial situation.
(At this time the City Attorney joined the meeting - 7:09 p.m.)
Mrs. Crouser and Ms. Hall said they were here to give the check to Mr. Robinson
and stated there was a check cut before he went to the board but they did not
remember why it was not presented at that time. They were mainly here to
represent that they had the check for Mr. Robinson.
Mr. Alvarez stated that if the matter is resolved there would be no need for the
board to proceed with the complaint.
Mr. Robinson stated that he was satisfied and the check was presented to him
by Ms. Hall.
Mr. Howard stated that he wanted to make it clear that this board was not a
collection agency, and that the board is here to back the building official in
violations of any ordinance or Code of the City of Edgewater.
Mr. Howard called a three minute recess to run copies of the rough draft of the
proposed restructuring ordinance.
Mr. Howard called the meeting back to session and welcomed Mayor Baugh, Vice-Mayor
Asting who joined the meeting.
Mr. Alvarez noted that last year we had an experience with an ordinance that had
been brought before the City Council and turned down, and suggested that the council
be made aware of this proposed ordinance before it was brought to them at a council
meeting so they can review it.
Q
Q
Mr. Alvarez continued:
Chapter 7, Section 7-1 through 7-7 will be amended to set forth in a better manner
the duties and responsibilities of the board and define the board's purpose. Chapter 7
Article 10 section 7-340 to 7-351 will be combined because the regulations of the
trades and the certificate of competency are really one of the aspects of the board.
By combining the two, the ordinance will be combined in the code book and all the
aspects will be together: This is just a rough first draft and if this is what the board
wants, a memo should be sent to the Council asking that the code provisions we are
covering be amended and that the Council look over the rough draft and direct Mr. Alvarez
to prepare the ordinance. If needed another meeting can be scheduled to prepare the
final draft of the ordinance after the Council directs Mr. Alvarez to proceed.
The ordinance takes Article 1 and Article 10 of chapter 7 and combines them so it
will be located in one chronological and sequentially in the chapter. It also
clarifies the titles.
At this time Mr. Frank Hall entered the meeting - 7:25 p.m.
Mr. Howard explained to the mayor and vice-mayor that our goal with the proposed
ordinance is to define and delinieate the functions and duties of this board and
put some teeth into the board to regulate the construction trades in conjunction
with the Building Official and his department. We are proposing that this board
be the final say outside of the courts if a citizen disagrees with a decision of
the Building Official or his department rather than coming to the board and if
not satisfied by the board. decision bringing it to the Council. The board is not
trying to take any power from the Council but feel that most of the complaints can
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be settled at the board level without burdening the council.
Mr. Alvarez stated that Florida Statutes 553.71 sets forth the state minimal building
codes and establishes the Board of Building Code and Standards which is a State board.
This board functions just like that within the City of Edgewater. We are required
to have a local enforcement agency to enforce the codes. There has to be a place
for relief of his decisions.
Mr. Howard noted we are going to ask for two new members to cover the mechanical
area of the trade and a member related at large-but a member in or related to the
construction industry to increase the membership from 5 to 7 members. Also we
are asking to be named the Edgewater Building Trades Regulatory Board.
Mr. Cole moved to present the ordinance to Council in rough draft form for their
perusal to hopefully direct the City Attorney to put this into final draft.
Mr. Vanzin seconded and it was passed unanimously. (4-0)
NEW BUSINESS
Citizen's Complaint as forwarded from Mrs. Martinez per Council.
The chairman read the letter from Mrs. Vann to the Council.
Mrs. Vann spoke briefly and stated if they didn't work on weekends then maybe
Monday through Friday would not be so bad.
Chairman Howard asked Mr. Fischer if we had a noise ordinance in Edgewater.
Mr. Fischer stated we do, but the police do not have the noise moniter and
the County had to be called in for one complaint. Mr. Fischer asked Mrs. Vann if
she was referring to normal building construction sounds, a~d asked if the home was
being built next to her.
Mrs. Vann stated Mr. Gene Harris built three houses in a row near her but that
construction was completed but there could be more built near her at any time.
Mr. Howard said to his knowledge there is no ordinance in Edgewater to cover the
working hours of a contractor, and they are licensed to work seven days a week.
There was a general discussion of this matter.
Mrs. Marge Fulton said she was staying with Mrs. Vann during the time the construction
went on and there were bulldozers out under her window at 7:00 a.m. and hammering
and staple guns and the men with radios at full blast and she feels they should not
work on weekends or holidays.
Mrs. Vann wanted to know why contractors have the right to work on Saturdays and
Sundays and she doesn't have the right to have her time off on Saturdays and Sundays
without being disturbed.
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Building Code Board
Minutes - July 18, 1985
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Citizen's Complaint continued:
Mr. Howard stated there is merit to both sides of this matter and neither side is
right or wrong, and as in any other business there are some contractors who are
more considerate than others as to their hours and amount of noise, but the contractors
do have a right to make a living.
A motion to draw up an ordinance proposing limiting the work from 9:00 a.m. to
6:00 p.m. on Sundays and Nationally recognized holidays was made by Mr. Cole and
seconded by F~ank Hall. Motion Died 2-2.
More discussion followed and a motion was made by Fred Vanzin to limit the work
from 12:00 Noon to 6:00 p.m. Sundays and Nationally recognized holidays and
7:00 a.m. to 9:00 p.m. other days. The motion was seconded by Doug Cole. Motion
defeated 0-4.
A motion to table this item until the next regular meeting in order to do more
research was made by Mr. Vanzin and seconded by Frank Hall. Motion was passed
unanimously 4-0.
The secretary was asked to contact all board members and send a memo to Council
informing them of this action. Also she was asked to contact all the adjoining cities
and Rockledge about any ordinances they might have on this subject.
MISCELLANEOUS
Mr. Fischer let the board know he had received copies of the 1985 code books if
anyone wanted copies he was ordering them to stock.
Mr. Alvarez wanted to borrow a copy to see if there was anything in the Southern
Standards Building Code that might have an impact on the proposed ordinance and the
regulation of the trades.
A motion was made to adjourn the meeting by Doug Cole. Frank Hall seconded. Meeting
was adjourned. (4-0)
Minutes submitted by Beth Beeco
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Building Code Board
Minutes - July 18, 1985