04-08-1981 - Special
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CITY OF EDGEWATER
CITY COUNCIL SPECIAL MEETING
April 8, 1981
CALL TO ORDER
Mayor Robert H. Christy called the Special Meeting of the City
Council of the City of Edgewater to order at 3:00 P.M. in the
Community Center.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David C. Ledbetter
Councilman Wilbert Pendleton
Councilman John T. Wilbur
City Attorney Clay Henderson
City Clerk Nancy F. Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present (Late)
Present
Present
The purpose of the special meeting was to discuss the present
building inspection procedures and complaints received.
Mayor Christy read a letter to the Building Official concerning
the two-story house being built on Riverside Drive requiring
a definite inspection on the height, of which he had not received
an answer. He also questioned why a permit had been issued.
Mr. Murphy stated he could not explain why a building permit had
been issued on the plans sUbmitted, however if he had made a
mistake he will try and correct it. He said he had a stop order
placed on the building of the house. He further stated it was his
action to place this stop order, and not that of the Council.
There was a discussion regarding the restrictions covering permits
and the Southern Building Code and height requirements.
The City Attorney stated the Council did not have jurisdiction,
that through contractual agreement this belonged to the Building
Official. He said the owner of the property could appeal to the
Board of Adjustments.
Mr. Hamel questioned the finished grade measurements.
Mr. Holahan agreed with the Attorney that the Council did not have
jurisdiction, nor expertise and this should be left up to the
Building Official and Inspector.
Mr. Frank Opal questioned where the Council was when the house was
being built.
Mayor Christy said this was the purpose of this meeting.
Mayor Christy read a letter from Carmen Montesano requesting the
Building Inspector complete inspection on his building. He also
read his letter to Mr. Murphy questioning him as to why this has
taken so long.
Mr. Murphy said Mr. Montesano needed one more electrical outlet,
as required by the Code, and Mr. Montesano refuses to install this
outlet.
The City Attorney stated he had received a letter from Mr. Montesano's
attorney and they intended to sue the City. He reiterated the fact
that the Council does not have jurisdiction, only the Building
Official and the owner should refer this matter to the Building
Code Board.
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Mr. Montesano questioned the Council if the Building Inspector
had a current Florida State license.
Mr. Murphy stated there are no licenses, that the Building Official
must be a licensed contractor.
The City Attorney again stated that the City has a Building Code
and a Building Official and the City has delegated him to enforce
the Building Code. If anyone disagrees with his decisions they
can appeal to the Building Code Board, acting as a Board of
Adjustments.
Councilman Lodico questioned Mr. Murphy if his assistant, Mr.
Tobin, had five years experience, as required.
Mr. Murphy stated Mr. Tobin did have this experience.
Mr. John Harris complained against Mr. Tobin that he refused
to give inspections and that he is not qualified to inspect, nor
harass his people.
Mr. Murphy requested Mr. Tobin present his license from the State
of Vermont to the Council.
There was further discussion concerning license requirements and
the Southern Building Code and frequency of inspections.
Councilman Ledbetter made a motion to adjourn the meeting and
left the meeting. The motion DIED for lack of a second.
Mrs. Opal questioned the Council regarding Mr. Tobin inspecting
plumbing when he does not have a plumbing license.
Mr. Murphy stated a plumbing license was not required.
Mr. Frank confirmed the fact that the State does not require a
plumbing license, only five years experience.
Mr. Witzig said he felt the City was correct in hiring a Building
Inspector instead of subcontracting the work.
Mr. Hamel said the City should feel fortunate to have Mr. Murphy's
expertise and he should not be criticized for doing his job by
the book.
Mr. Ed Pilch reviewed proposed legislation concerning building
officials.
Councilman Lodico stated the complaints he had received were not
against Mr. Murphy, only Mr. Tobin.
Councilman Wilbur said he had received complaints regarding the
hours being kept by that department.
Mayor Christy questioned Mr. Murphy regarding sign violations and
why he has not been enforcing the violations.
Councilman Wilbur said these should be left up to the Code
Enforcement Board.
The City Attorney clariified the Code Enforcement Board would not
be going out to look at signs. The'City should designate an
official to bring these violations before the Board.
There was further discussion regarding signs and the violations.
ADJOURN
Councilman Wilbur made a motion to adjourn and Councilman Pendleton
seconded the motion. The meeting was adjourned.
Minutes submitted by:
Patsy L. McCann
Special Council Meeting
4/8/81
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ATTEST:
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APPROVED THIS ~O DAY OF
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Special Council Meeting 4/8/81 -3-
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