09-16-1980 (2)
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BUILDING CODE
Regular Meeting
September 16, 1980
Chairman Pilch called the regular meeting of the Edgewater Building
Code to order on September 16, 1980 at 7:30 P.M. in City Hall.
ROLL CALL
Mr. Hall
Mr. Troutner
Mr. Cole
Mr. Harris
Mr. Pilch
Absent
Present
Absent
Present
Present
APPROVAL OF MINUTES
Mr. Harris made a motion to approve the minutes of the-Au9ust 19
meeting, Mr. Troutner made the second. Upon roll call vote the
motion CARRIED 3-0.
COMMUNICATIONS
Chairman Pilch read the letters that went to the City Council from
the board concerning the number of members needed for a quorum.
We are waiting for an opinion from the City Attorney on this, as
well as the progress report on the~lCorbett Smith property.
REPORTS
Mr. Hall is bringing us the method used in licensing people in
Brevard County.
NEW BUSINESS
Chairman Pilch gave a report on the new laws that are to go into
effect October 1, 1980. One of these laws has to do with the energy
efficiency code. We are now operating under Appendix J. After
October 1, 1980, Appendix J is not valid. He questions what the
City will do then.
Mr. Murphy stated that this would be up to the Code board.
Chairman Pilch went on to ask what the other governing bodies are
doing.
Mr. Murphy stated that Volusia County is usinq their own and he
does not know what New Smyrna Beach is doing.
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Mr. Harris asked it it would be possible for"each member to have
a copy of these laws.
Chairman Pilch stated that he has, just one CODY and it be10nQs to
the City Clerk. He stated that he does not know how the board
can change -this in such short notice.
Mr. Harris asked when is the deadline.
Chairman Pilch stated that October 1st is when the new laws come
into effect.
Mr. Harris asked if there was any way this can be cODied.
Chairman Pilch stated that with such short notice there is no way
we can change this.
Mr. Harris stated that we should have a comD1ete copy of these laws
to study before making the changes.
There was discussion,again about copies being furnished.
Mr. Woods has told ~r. Pilch to get in touch with Nancy B1azi and
she should be able to get copies of these laws to them.
Mr. Murphy stated that he was surDrised that the State Energy Group
has not sent us these laws.
Mr. Harris suggested that we get copies of these laws and discuss
them at our next meeting and then make our recommendations to the
City. He made a motion that a letter be written to the City Council
'asking them to get Mr. Murphy a copy of the laws.
Mr. Murphy stated that this is strick1y oaoerwork.
There was further discussion.
Mr. Harris withdrew his motion and stated that the way it stands
we are asking the City Clerk for conies and this could be done at
our next regular meetin9.
Chairman Pilch stated that he feels we should also have copi'es of
the Florida Model Energy Efficiency Code for Rui1ding Construction.
At this time Mr. Holahan spoke 6f the July 15th letter that was
sent to the City Council recommending a feasibility study of putting
a building official on salary or keeping him on presentage basis as
he is now working. He stated that he has talked to several members
of the board and they thought it was for a feasibility study. He
went on to say that when it went to the Council it wasn't a discus-
sion of a study it was moved that they advertise for a building
official. Mr. Holahan stated that it ,must have been misinterpretted
there was no discussion of a feasibility study on it; he feels that
the board should withdraw that letter and submit a new letter and
make it very plain that they want a feasibility study rather than
just advertise for a new building official. This is supposed to be
brought back-up before October 2, and he feels that the intention
of the Building Code should be corrected. He feels that this was
improperly acted upon.
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Mr. Opal stated that since then it has been brought un in a
budget meeting and it wasn't brought up as a feasibility study.
They are setting aside something like $29,000 for a buildino
official.
Chairman Pilch read a copy of the letter that went to the Council.
Mr. Holahan stated that he feels a board. member here toniqht
should make a motion to clarify this and have it brought back
to the Council again to be read as it was intended.
Mr. Troutner made a motion that it should be brought up at the
meeting. The way it stands there, you are askinq the City to
hire a new building official and it was not meant that way.
Chairman Pilch stated that he feels that is what we asked them
to check into. He wanted the merit of hiring a building official
as a full time employee as opposed to being on a. contracted
basis checked into.
There was more discussion on this.
Mr. Harris seconded the motion.
Mr. Holahan stated that he feels you have to make a motion now
because the board will not be meeting again until the middle
of October and that will be too late.
Mr. Harris feels that we should follow through on the same
motion we had before.
Mr. Murphy stated that he would like to clarify something on
the budget. If they are going to put it in on a salary basis,
they have to add taxes, insurance and so forth.
Mr. Harris stated he has heard rumors that Mr. Murphy is not
going to stay with the City and they will have to do something.
Mr. Murphy stated that he was secretary of the Elks in his soare
time he handles the paperwork that is all.
There was more discussion about the letter that went to the
Council.
Mr. Troutner stated that the intention of the letter was for
the Council to look into it and that is all.
Mr. Holahan stated that he feels that the Council misunderstood
the letter. The board should correct it.
Chairman Pilch asked if the board wduld like to send another
letter to the Council saying that there was discussion and
the wording of the letter sent to them earlier was in error
and did not actually read the way board meant it to read.
The board would like to have the ooportunity to check into
the tapes.
Mr. Holahan stated this will be brought up again October 2nd.
At this time Chairman Pilch asked to read back what the motion
was. (The tape was stopped and turned over so the board could
listen to their motion) The tape was resumed.
Mr. Troutner made a motion that the letter be rewritten according
to what the tape said. Mr. Harris made the second, adding that
he feels that we should get the tape out and find out what ison
it.
Chairman Pilch asked for a recess so that Mrs. Wadsworth could
call Mrs. Blazi to see if we can get the tapes and try to get
this taken care of now,
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There was a ten minute recess.
Mr. Harris made a motion that the Chairman contact all the
board members to meet at City Hall as soon as possible "to
listen to the tape. He feels that this is urgent. ~r. Troutner
made the second.
There was further discussion.
Mr. Harris withdrew his mGtian, Mr. Troutner withdrew his
second.
Mr. Harrts made a motion that the Chairman contact all the
Butldtng Code Board members to find the most conv~nient time
for all concerned and inform them what the outcome of when
we can all come down to listen to the tapes. He added that
we should have a special meeting as soon as possible after
listening to the tapes. Mr. Troutner made the second. The
motton CARRIED 3-0.
Chairman Pilch asked if there was anything else anyone would
like to bring up.
Mr. Opal spoke to the board about the statute listing th~
qualifications of members to make UD the Building wde Board.
This is not being abided by.
Mr. Harris explained that this has been gone over several times
and you can't get all the occupations covered in Edgewater.
The section of the Standard Building Code settinq the memher-
ship was read.
Mr. Opal stated that he has a letter into the City Council and
the City Attorney will give them an opinion.
ADJOURNMENT:
Mr. Harris made a motion to adjourn, being seconded by
Mr. Troutner. The motion CARRIED.
MINUTES TAKEN BY:
Susan Wadsworth
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ORDINANCE
NO. jb-LJ- hS--
AN ORDINANCE AMENDING APPENDIX K OF THE 1976
SOUTHERN STANDARD BUILDING CODE AS ADOPTED BY
THE CITY OF EDGEWATER, FLORIDA BY REQUIRING
BUILDING PERMITS BEFORE DOING ANY WORK OR CON-
STRUCTION OF ANY CHARACTER t~ERE THE COST EX-
CEEDS $500.00; REQUIRING, HOWEVER, THAT A PERMIT
MUST BE PROCURED FOR ANY STRUCTURE CLASSIFIED AS
A'FENCE, REGARDLESS OF COST OF CONSTRUCTION; PRO-
VIDING FOR REPEAl;. OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFrCATION OF THIS
ORDINANCE AS A PART OF SECTION 7-21 OF THE CODE
OF ORDINANCES OF THE CITY OF EDGEWATER; PROVIDING
FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY
AND PROVIDING AN EFFECTIVE DATE. _
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That Appendix K of the 1976 Southern Standard Build-
ing Code as adopted by the City of Edgewater, Florida, is hereby amended
to read as follows:
(a) Permit Fees
Schedule
Total Valuation
Fee
$500.00 and less
No fee, unless inspection required,
in which case a $5.00 fee for each
inspection shall be charged. Pro-
vided, however, that a permit must
be obtained for each fence erected
in the City of Edgewater, Florida
regardless of cost.
SECTION 2. That this Ordinance shall be codified as Section
~-Zl as an amendment to the Southern Standard Building Code.
SECTION 3. That all ordinances or parts of ordinances in con-
flict herewith are hereby rescinded.
SECTION 4. This Ordinance shall be published by title only at
least one time in a newspaper of general circulation in the City. of
Edgewater, Florida, which said publication shall not be less than seven
(7) days from the final passage of this Ordinance.
SECTION 5. This-Ordinance shall take effect immediately upon
-final -passage as provided by law.
The first reading of_ the above Ordinance was read in full and
passed by vote of ,the City Council of the City of' Edgewa,~r, Florida,
at the Regular meeting of said Council held on the 71 day of July,
1980, and approved as provided by law.
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ORDINANCE NO.
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AN ORDINANCE AMENDING SECTION l706.6(b) OF THE
1976 SOUTHERN STANDARD BUILDING CODE AS ADOPTED
BY Tr~ CITY OF EDGEWATER, FLORIDA; PROVIDING
FOR CODIFICATION OF THIS ORDINANCE INTO SECTION
7-21 OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, FLORIDA; PROVIDING FOR THE REPEAL OF
ALL ORDINn}!CES AND RESOLUTIONS IN CONFLICT HERE-
WITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE
BY TITLE ONLY AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That Section l706.6(b), which presently reads as
follows:
Section l706.6(b) uOpenings in the non-bearing partitions
may be framed with single studs and headers"
is hereby amended to read as ,follows:
Section l707.6(b) Openings in non-bearing partitions
shall be framed with double studs and headers.
SECTION 2. This Ordinance shall be codified as an Amendment
to the Southern Standard Building Code as found in Section 7-21 of
the Code of Ordinances of the City of Edgewater, Florida.
SECTION 3. That all ordinances or parts of ordinances in con-
flict herewith are hereby rescinded.
SECTION 4. This Ordinance shall be published by title only
-. -. :
at'least one time in a newspaper of general circulation in the City
of Edgewater, Florida, which said publication shall not be less than
seven (7) days from the final passage of this Ordinance.
SECTION 5. This Ordinance shall take effect immediately upon
final passage as provided by law.
The first reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edge~te.r, Florida,
at the Regular meeting of said..Council held on the ~ day of July~
1980, and approved as provided by law.
The second readin~~~ said Ordinance to be at a
meeting of the City' Council - to be held on the jp:LA..-- day
-
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or ~(C.~~! -,
1980.
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ADOPtED
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Qt~t! 'of 1.Ellgewatu
POST OFFICE BOX 100
EDGEWATER, FLORIDA 32032
o
Address reply to:
Post Office Box 1221
New Smyrna Beach,
Florida 32069
November 3, 1980
Mr. Charles Murphy
Building Official
City of Edgewater
P.O. Box 100
Edgewater, FL 32032
Re: Corbitt Smith Property
Dear Charlie:
lOam enclosing a copy of a letter which I received from
Mr. Edward J. oRichardson, the attorney of or Mr. Corbitt Smith.
A~cording to his letter, Mr. Smith has corrected all of the
deficiencies which he agreed to correct at our meeting in
June. Would you please investigate to see if he has, in fact,
corrected the deficiencies and get in touch with me.
~o ~
Jud~ . Woods,
ci;t'y A torney
Jr.
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Enclosure
CITY OF EDGEWATER
.REC:EJVED
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ATTORNEYS AND COUNSELLORS AT LAw
*
III SOUTH SCOTT -STREET. MELBOURNE, FLORIDA 32901 . (305) 727-2545
BENJAM'N y, SAXON
EDWARD .I. RICHARDSON
RICHARD E. GORDON
October 30, 1980
Judson I. Woods, Jr.
'Attorney' at Law
'Post'Office Box 1221
New Smyrna Beach, Florida
32069
Re:. CORBITT SMITH - City of Edgewater
Marion Street Property
Dear Mr. Woods:
This is in reply to your letter of Octob~r 21, 1980, relevant
to the above styled matter. As' I 'previously explained fo you
in our telephone conversation concerning th is matter, Mr.
Corbitt Smith has' undergon~ serious health problems over the
past twelve months. As a matter of fact, this past summer
Mr. Smith underwent open-heart surgery to correct serious
heart deficiencie~. Notwithstanding all of these phy~ital
problems, Mr..Smith. has made a good. faith effort to fully
comply with an of .the agreements that we reached at the
meeting. Upon receipt of your' letter, I contacted Mr. Smith'
.at home and discussed the entire matter with him. Mr. Smith
assured me that he and his workers have fully complied with
:each and every portion of the agreement that we previously
reached. All buildings that we stipulated were condemnable
buildings have been remove~. The buildings that required
additional support have been fixed. Loose tin on the roof has
been replaced or otherwise repaired. As a matter of fact, Mr.
Smith personally conducted an inspection of the property with,
Mr. Murphy's assistant some two months ago. After this inspec-
tion, Mr. Smith was of the opinion that he had fully complied.
with the requirements of the City as per our meeting.
In light of all of the above, I'rn,:amazed at your language in
the October.2l, 1980, letter wherein you refer to'Mr. Smith's
"deliberate evasive attitude towards complying with the Code".
As you know, exc~pt as to buildings that were subject to'condem-
nation by the City, the City has no right to impose maintenance
restrictions on any property 'owner. At our meeting, Mr. Murphy
..
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/. Juds.on 1. Woods, Jr.
/
October 30, . 1980 Page -2-
I
s~ecifically agreed that only the buildings that were to be removed
were condemnable buildings. 'These buildings have in fact been
, removed as per the, agreement. Repairs to the other buildings
have iri fact been fully made. Your city inspectors have been
~on the property on numerous occasions including the afo~esaid
meeting with Mr. Smith. Therefore, M~. 'Smith and I are at a loss
to determine where you got the information contained in your
o c t.o b e r 21, 1 980, 1 e t t e r . '
In the past few weeks, Mr. Smith has had a potential buyer for
the subject property. Along these lines, Mr. Smith, has ordered
a updated appraisal on the sUbject property. As 'you k!low, in ~
small town this information is impossible to keep secret. Thus,
the Cameron family and others have found out about the pptential
sale. For many years, the Cameron family have been attempting to
purchase this property from Mr. Smith. It is amazjng to us to
suddenly receive a threatening letter from you just at the same
time that Mr. Smith is attempting to effectuate a sale of .this
property. It would appear as though the same individuaJs who have
been causing Mr. Smith problems in the past have suddenly appeared
in an effort to prevent the pending .sa1e.
As I previously explained to you, Mr. Smith is very ill. . Your I
Jetter with .threats of 1 itigation and additional prob'lems have I
caused Mr. Smith extreme mental anguish. 'He has spent much money, I
time and legal expenses in trying to fully comply with the City's I
'requirements. This property is zoned 1-2 (heavy industrial). Mr./
Smith is of the opinion that the current status of the property
fully complies with 1-2 use~ The harassment from the'City ~f
Edgewater. must stop before Mr. Smith suffers more significant
he~lth problems. Mrs. Smith is very much of the opinion that if
continued harassment'occurs, Mr. Smith may very well suffer
another si~nificant physical set-bac~. ff any portion of my ,
letter is not consistent with the facts as you know them, I would
appreciate your providing me with a specific list of how Mr. Smith
has not lived up to his agreement;
-, I will await your reply.
Yours very truly,
SAXON & RICHAROSON,' ~~ A.
Attorneys and Counsellors at Law
.E::
EJR/bc
rr~ Mr. Smith
EDWARD
o. 0
mity of ifbgewater
POSTOFFICE BOXXIl
EDGEWATER, FLORIDA 32032
t
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Address reply to:
Post Office Box 1221
New Smyrna Beach,
FL 32069
Octobsr 21, 1~80
Edward J. Richardson, Esquire
100 West New Haven Ave. ~
Melbour " 01 1
Corbitt Smith - Marion Street Property
Dear
I wrote you on August 22, 1980 requesting a full report as to the
actions taken by your client to comply with the representations he
made to the Building Code Board on June 18, 1980. You subsequently
called me and told me that you would furnish this report. To date
I have not received the report and, based on Mr. Smith's deliberate
evasive attitude towards complying' with the Code, I do' not expect
to receive this ~eport.
Therefore, as the City,Attorney for Edgewater, this letter will
serve'as final notice to your client that he must comply with. all
of the action necessary ,to correct the deficiencies on the Marion
Street property not later than November 15, 1980. Otherwis~, the
City will have no choice but to go in and correct the deficiencies
as being non-conforming to the Building Code.
The City has tried in every way possible' to cooperate with Mr. Smith
but he apparently doesn't feel that the'spirit of cooperation should
be reciprocal. I would hope that you, as his attorney, co~ld im-
press upon him the necessity of complying with the City of Edgewater
Ordinances immediately.
Sincerely,
-- -- .,
Judson I. Woods, Jr.
City Attorney
,JIW,Jr./jrnm ~
cc: N. Blazi, City Clerkv'
E. Pilch
, CITY OF EDGEWATER
RECEIVED.
OCT 22 1980
By
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..
Qitp of Qibgetuater 0
Volusia County, Florida 32032
Post Office Box 100
December 2, 1980
Mayor and City Council
City of Edgewater
Edgewater, Florida
Dear Mayor and Council:
There seem to be quite a few cases coming before
the Board 'of Adjustments either requesting variances
after the fact or appealing decisions made by our
Building Official when complaints are filed with him.
The board has discussed this and it is agreed that
the individuals themselves are, perhaps, not to blame,
but the contractors doing the construction.
At the Board of Adjustments Public Hearing held
November 26, 1980, a motion was made as follows:
That we bring it to the City Council's attention
that we would like to see the $100.00 limit put
back on any building permits in order to alleviate
all the variances that are being requested after
the fact.
It would be appreciated if the Council make a decision
on this as soon as possible.
\ Sincerely,
~\~~~)\t~W~L' /'W,:zz;j
\l \\Y\ Mrs. Louise Martin
~ Chairman
.~\~) Board of Adjustments
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: 1 ' CoUncilman Wilbur made ~ mq!-_~1'.l~~".~prE.Y!L. th_e.:.!:>_il~ and accounts
~~~~for payment. council~ Rofrindo seconded the mc~on.
}~f Mayor Christy questioned the bill from Southeastern Municipal and
. it was explained this was for meter boxes.
; ~
Upon roll call the motion CARRIED 3-0.
~!~.,~.-""~~~
COMMUNICATIONS
The City Clerk presented a Home Occupation License request from
Briam Leclair for approval.of a home repair service.
Mr. Leclair was questioned by 'the Councii regarding storage of any
products at the home.
,JMr. Leclair stated he planned to re~t -a storage warehouse for this
; purpose.
'f ~ Councilman Wilbur JI'a~d.Ekf-mo.1i.o~~~h.~~:}..~~ens~ to Mr. Leclair
, and Councilman RotundO seconaea-the motion.
Upon roll call the motion CARRIED 3-0.
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The City Clerk read a letter from Lillian Dahlhaus requesting an
adjustment in her utility bill.
The Mayor read from Ordinance 400 covering the collection of water
and sewer bills and from Chapter 19, Article I, Section 19-4
regarding no free service. He stated the frequency of this type of
request could create a need to increase the rates if they persist.
~~"
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Councilman R~tundo made a.J!!~~}.on_~~_d..~~~_bh~L~'ll}~_~!-.:-J=or the adjustment
and Councilman Wilbur seconde~tne moE1on.
Mr. Cloer questioned the fact that why should someone pay for water
not going through the sewer.
Mayor Christy ag~in referred to the fact there should be no free service.
Upon roll call-the motion CARRIED 3-0.
___ __ _, ...-''''''-iih.: ....-.....:: ~~
~---- .
I The City Clerk read a letter from Mr. Malamed regarding a complaint
.:. against a build~r, G. A. Pilch Construction, which was to be heard
~ '\'7" at the last Building Code Board meeting but was cancelled due to lack
-. ~:, 'i of a .quorum.
({~~-li~ The City At~orney stated this request should be presented to the
u h~ Building Code Board and not the Council.
\
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Mr. Pilch, -Chairman of _the Board, was asked when the next meeting would
be held and he stated-'it would be December 17th.
,
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Council Meeting 11/24/80
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; 1 i' OF EDGtVJATEI{
I.'~ ECEIVED
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<!titt! of fbgrwatrr
POST OFFICE BOX 100
EDGEWATER, FLORIDA 32032
November 6, 1980
\
TO:
Building Code Board
FROM:
City Clerk
SUBJECT:
Ordinance 80-0-65
At the regular meeting on November 3rd, the Council voted
to send Ordinance 80-0-65 to the Building Code Board for
their review and comment.
There have been complaints received regarding buildings
being erected without permits under the assumption that
since they were less than $500.00 the Building Official
did not need to be contacted prior to construction.
Sincerely,
~A_'" Y tar.
~a:;7 Blazi
City Clerk