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08-29-1985 ." .- ~ / ~ .CITY OF EIXIEWATER CITIZEN CX)DE ENFORCEMENT BOARD AUGUST 29, 1985 7:00 p.m. MINUTES Chairman Williams called the regular meeting to order at 7:00 p.m. in the Community Center. \.. roIL CAlL Members present: Messrs. Williams, Turano, Biggerstaff; Mrs. Moses, Mrs. Ciccarello and Mrs. Cucanich. Mrs. Kane was excused. Also present: David Jones, Code Enforcerrent Officer, Curtis Thomas, representing Mr. Corbett Smith, and Ralph Racca representing Eastern Shores Association, along wi th other residents, and Mr. Frank Opal. Mr. Williams then welcorred Mrs. Delores Cucanich as a new rrember of the Board. Mr. Williams then stated that under Old Business, he would skip 85-CC-7, Corbett Smith, first on the Agenda, and would deal with 85-CC-8, A-I Truss Company, second on the Agenda, because of the interest of the guests this evening in the Truss Company matter. OID BUSINESS 85-CC-8, A-I Truss Company Mr. Williams asked Mr. Jones to give his findings at this tinE in regard to the noise level of A-I Truss Company. Mr. Jones stated he had talked with a gentleman from Dickens & Associates, Inc., a Mr. Habelka, who . advised Mr. Jones there are no violations. There were violations prior to this, but Yrr. Hawkins has made ." ~ corrections, putting sand underneath the boards to absorb sound and putting skirts around the decking, the platforms they work on. He stated Mr. Hawkins could not be' here because of a death. Due to the infonnation Mr. Jones had received in a letter from Dickens & Associates, Mr. Jones believed ~Ir. Hawkins' presence would not be required. Mr. Jones explained that ~iIr. IIabelka had instructed and taught rAr. Gately and two enforcement PeOple from New Smyrna Beach on the subject of Sound. Mr. Habelka found the complex is in compliance with the Code, the reading being 52.1 decibels. Wll'. Jones thus finds ~IIr. Hawkins in compliance with the Code. Mr. Jones then stated that Mr. Hawkins spent $200. for this survey, not counting the work that was done at the premises, which was witnessed by Mr. Jones. Mr. Jones also pointed out the City of E<ic,o-ewater does not have anyone to do decibel readings. He believes it is not advantageous for the City to invest its rroney, as it costs $740. for classes from l\Ir. Habelka, who is also an instructor. Anything to be learned would be learned from ~,Ir. Habelka. Mr. Jones would talce this with a lot of weight, as his credentials and expertise cannot be ignored. ~iIr. Jones believes it would not benefit the City to spend several thousand dollars for noise readings when noise complaints are very seldom received. IIr. Jones then stated the Board should go along with Mr. Habelka's findings because he is a certified noise man, has taught in New Smyrna, our local City right next to us. Since Mr. Gately went into another field, he could not corre down for a regular noise test. He could do it if it was a County noise, but not City. Mr. Jones then revealed Mr. Hawkins is phasing out his business. It will be bought by someone else, although there will still be a Truss Company there 1 but Mr. Hawkins is phasing out. because of financial problerrs. l\Irs. Ciccarello asked if the work had already been done on the table, and l\Ir. Jones replied it had been completed. - , .. ~ u Mr. Williams then asked if Mr. Jones believes Mr. Hawkins has complied with the Code'and Mr. Jones answered that since he now has a noise test J he has to say Mr. Hawkins is in compliance with the Code. Mr. Williams then asked to have a letter sent to Mr. Hawkins advising hirr. he is in compliance with the Code. Mr. Racca then asked to be shown where Mr. Hawkins is in compliance, and suggested the Eoard is evading its responsibilities. Mr. Williams then asked Mr. Hacca to leave the rreeting and suggested if he has any questions he should go to court. Mr. Racca said he would do just that. Mr. Williams asked if there were any rrore questions, and M.rs. Cucanich asked if, when this canpany was put in , it was o. k. for that company to go in there. Mr. Jones explained this used to be a roller rink, was then rezoned to 1-2, light industrial. When they rezoned, it was put in the paper, and posters were placed announcing that it would be rezoned. He stated that is when the neighborhood should have objected. They did not use their rights at that titre. 'There was only one instance of noise objection received by Sgt. l.€nz that there had been previous noise before rezoning. It was passed by Council and it is now rezoned. They can rmke that noise from 7 in the rrnrning until 10 at night , although they don I t stay open at night. Mr. Turano then asked if the surveyor was licensed and holding certification. Mr. Jones answered that Mr. Halbeka was recornrended to him by the County. Mr. Jones also stated Mr. Habelka teaches, and that he had taught Mr. Gately, who is considered to be one of the best. Mr. Williams then stated this Board strictly goes by the Code; we have two Code Inspectors, and if Mr. Habelka says he is in compliance, we go with that. Mrs. Ciccarello pointed out Mr. Habelka did sign as Accoustical Consultant, and Mr. Jones stated if he is teaching local municipalities, he is certified. Mr. Williams stated that since Mr. Hawkins is in compliance, no one has a right to speak; if anyone would be allowed to speak, then Mr. Hawkins should be allowed to speak, because we are an unbiased Board. As long as the inspector says he is in compliance, we consider he is in compliance. Mr. Williams asked for a rrotion, and tv'lr. Turano made a rrotion that Mr. Hawkins is in compliance, seconded by Mrs. Moses. CARRIED 6-0. Corbett Smith, North side of Marion Avenue, 85-CC-7,Se5(. .10-43, 44, 45 & 46 and State Law 633.081 violations. Mr. Williams asked that the Board now concentrate on the Corbett Smith matter. Mr. Curtis Thomas introduced himself and said he would be representing Mr. Emi th as Mr. Smith could not attend the rreeting. Mr. Jones then swore in Mr. Thomas. Mr. Williams asked Mr. Jones to tell his findings of this matter. Mr. Jones said he had discussed this matter with a man from Discount Lumber, who had been hired by the owners of the old Truss Plant to rerrove and salvage lurrber. ~Ir. Jones said the man did corre to the building departrrent and obtained a derrolition pennit and also a burn permit, which was granted. 1i.r. Jones said the process has been very slow, and that they had started on it perhaps two or three weeks ago. tvIr. Thomas explained that part of the reason for the slow rroverrent on this matter is that Discount Salvage works part days only, and due to the rain alrrost every day, work was very slow. Mr. Thomas also said the building on the other side will be taken down by tvIr. Thomas him3elf, al though he has just been released from the hospital. t,Ir. Thomas did point out that the sheet rretal on the top that had been hanging in the air has been pulled down. Mr. Thomas also said they would probably need at least another thirty days. Mr. Jones stated that in view of the work that has been done, forty five days should be enough to complete the job. !vIr. Jones also said the right of way owned by the City has been kept rrnwed, and he would expect 1Ir. Smith to do the sarre. Mr. Turano then made a rrotion that t,Ir. Corbett Smith be given an extension of 45 days until October 11, 1985, to be in compliance. M.rs. Ciccarello seconded the rrotion. CARRIED 6-0. Citizen Code Enforcement Board 1linutes August 29, 1985 -2- ,. '-t ~ :Mr. Williams then asked that letters be sent to Mr. Smith and Mr. Johnson, Certified Mail, that they have been given a 45 day extension, and the Board expects them to be in compliance by that tinE. Mrs. Ciccarello suggested we state in the letter also that beginning on the 46th day, a fine can be levied by the Board, and Mr. Williams agreed this should be included. 1trs. 1bses then asked if Mr. Smith had facilities there for burning, and if water is available. Mr. Jones answered yes, that Mr. Smith was asked to make sure he douses any fires and that the Police Departrrent is aware of it and will keep an eye on it. 1tr. Jones stated the facility is more than fifty' feet from any structure and is in an open field. NEW BUSINESS Mr. Williams explained the City is paying for anyone wishing to go to the Better Boards Course being offered at the Daytona Beach Corrmmi ty College. The course is to be held every Tuesday for six weeks from 7: 00 to 9: 00 p. m. Mrs. Cucanich, Ivtrs. Moses, 1tr. Biggerstaff and ~i1r. Williams signed up for the course. MISCEILANEOUS None. r,trs. CiccarelJo made a mot ion to adj ourn the meeting, seconded by Mr. Turano. Mr. Williams then adjourned the meeting at 8:05 p.m. 1linutes submitted by Dorothy C. Garrity. Citizen Code Enforcement Board Minutes August 29, 1985 -3-