09-16-1993
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CITY OF EDGEWATER
CITIZEN CODE ENFORCEMENT BOARD
REGULAR MEETING
THURSDAY, SEPTEMBER 16, 1993
COMMUNITY CENTER
7:00 P.M.
CALL TO ORDER:
Chairman George Cowan called to order the regular meeting of the Citizen Code Enforcement
Board at 7:05 p.m., Thursday, September 16, 1993.
ROLL CALL:
Members present were Chairman George Cowan, Mr. Roberts, Mr. Schmidt, Mrs. Bomer, and
Mrs. Planson. Also present were Beverly Kinney-Johnson, Code Enforcement Officer, Frank W.
Conrey, BuildinglElectrical Inspector, Mark P. Karet, Director of Community Development, and
Liz McBride, Secretary. Mrs. Strong and Ms. Sterl were absent.
APPROVAL OF MINUTES:
Mr. Schmidt made a motion to accept the minutes of August 19, 1993. Seconded by Mr.
Roberts. Motion CARRIED 5-0.
SWEARING IN OF WITNESSES:
Chairman Cowan requested Beverly Kinney-Johnson, Code Enforcement Officer, Frank W.
Conrey, BuildinglElectrical Inspector and anyone else with statements or comments pertaining
to any of the cases stand and be sworn in. Mrs. Johnson, Mr. Conrey, Mr. Frank Gagne, 3019
Queen Palm Drive, Edgewater, Florida and Richard M. Comer, 250 S. Glencoe Road, New
Smyrna Beach, Florida were sworn in at this time.
CASES IN COMPLIANCE/WITHDRA WN:
Beverly Kinney-Johnson, Code Enforcement Officer, reported the following cases in compliance
or withdrawn:
* 93-CE-0532, Mavis C. Gano - In Compliance
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UNFINISHED BUSINESS:
None at this time
NEW BUSINESS:
Case #93-CE-0566 - Frank Gagne. Contracting as roofer with no permit. Section(s) 7-340(a)(1)-
(3), 11-7(a)(1) & (2) & (b). BuildinglElectrical Inspector Frank Conrey reported the violation
was first observed on August 5, 1993 at which time he observed re-roofing had occurred without
the proper permits or a roofing contractor's license. Mr. Conrey stated that on August 9, 1993
he spoke to the property owner who gave him a copy of the signed contract with Mr. Gagne.
The contract was presented to the Board for review. Mr. Conrey stated that on August 12, 1993
he spoke to Mr. Gagne who said he was sorry, he knew he was wrong and that he wouldn't work
in the construction field without the proper license. Mr. Conrey recommended that Mr, Gagne
draw up a written contract with the owner to state that if the roof leaks within one (1) year, Mr.
Gagne pay for the repairs to be done by a licensed roofing contractor and if Mr. Gagne is ever
involved in any future unlicensed activities, be treated as a repeat offender and face fines of five
hundred dollars ($500.00) per day.
Frank Gagne, 3019 Queen Palm Drive, Edgewater, Florida, stated that when the roof was done
he was not soliciting or advertising himself as a roofing contractor, the neighbor knew he worked
for people in the construction field which is why he was asked to do the roof and the contract
was just for his records because that was the value of the roof, and that he was not aware he
needed a specific roofing license to do roofs. Mr. Gagne also stated that all he had to say was
that he made a mistake and was not aware of the size of the mistake. Mr. Gagne agreed to give
the property owner a contract to state he will be responsible for any repairs on his house for the
next year and pay to have a licensed contractor to do them.
Mrs. Bomer, after hearing the testimony presented and the recommendation of Staff, moved in
reference to Case Number 93-CE-0566 that a violation of Section 7-430(a)(1)-(3), 11-7(a)(1) &
(2) & (b) and 11-8(h) 16 of the Edgewater Code of Ordinances does exist and the alleged violator
has committed the violation. After considering the gravity of the violation, any actions taken by
the violator to correct the violation, and any previous violations committed by the violator, further
moved that if the roof leaks within one (1) year, Mr. Gagne will pay for repairs to be done by
a licensed roofing contractor, with a written contract and if ever involved in unlicensed activities,
be brought before the Code Board and a $500.00 repeat violation will be imposed. Seconded by
Mr. Schmidt. Motion CARRIED 4-1. Mr. Roberts voted No.
Case #93-CE-0575 - Richard M. Comer. Unlicensed electrical contracting, unregistered with
City, no permits for sprinkler system and well contracting and no fees paid. BuildinglElectrical
Inspector Frank W. Conrey reported the violation was first observed on July 7, 1993 at which
time it was discovered that the sprinkler and electrical installation had been done by Mr. Corner.
Mr. Conrey stated he condemned the wiring and disconnected it because of the electrical and
safety hazards involved. Photographs were presented to the Board for review. On July 9, 1993
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NEW BUSINESS CON'T:
Mr. Conrey stated he contacted the County Environmental Management office to see if Mr.
Comer had obtained a permit through their office and was told he had a permit for well drilling.
Mr. Conrey also stated that on July 14, 1993 he contacted the State and was informed that Mr.
Comer's license was good for the installation of well and pump only. Mr. Conrey also stated
that on July 22, 1993 a permit for the electrical work was obtained by an electrical contractor and
corrected. As of close of business September 16, 1993, Mr. Conrey stated that no permit for
sprinkler system or repair and change-over had been obtained and recommended that a permit
be obtained for the sprinkler system repairs by September 21, 1993 or a fine of one hundred
dollars ($100.00) per day until in compliance and any repeat offence be fined five hundred dollars
($500.00) per day.
Richard M. Comer, 250 S. Glencoe Road, New Smyrna Beach, Florida, stated that he does not
deny any of the above and that he was contacted by the Pelican Cove Homeowners Association,
pulled a permit, and put the well in the ground and hooked it into the sprinkler system. Mr.
Comer also stated he did not touch the sprinkler system, that the system is manual and every
sprinkler head has to be manually turned on. Mr. Comer conveyed that he was not trying to get
out of anything, but feels there is a discrepancy.
There was much discussion between the Board, Mr. Comer and Mr. Conrey of the licensing
requirements for well and sprinkler system installers.
Chairman Cowan, after having passed the gavel, motioned that Mr. Comer obtain a permit for
sprinkler system and comply with all City ordinances for well and sprinkler installers in the City
of Edgewater by September 21, 1993 or a fine of $100.00 a day be imposed until in compliance
and if there is a repeat offence in the future, he will have to pay $500.00 per day fine. Mr.
Cowan further moved in reference to Case 93-CE-0576, 93-CE-0578, 93-CE-0579, 93-CE-0580
and 93-CE-08581 against Mr. Comer to be tabled and continue next month. Seconded by Mrs.
Planson. Motion CARRIED 3-2. Mr. Roberts and Mr. Schmidt voted No.
DISCUSSION ITEMS:
None at this time
CODE ENFORCEMENT COMMENTS:
None at this time.
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NEW BUSINESS CON'T:
ADJOURNMENT:
There being no further business, a motion was made and accepted to adjourn. The meeting
adjourned at 8:20 p.m.
Minutes respectfully submitted by:
Elizabeth J. McBride, Secretary
Citizen Code Enforcement Board
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