12/02/1981
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MUNICIPAL CODE ENFORCEMENT BOARD
December 2, 1981
Members present:
John Ehrig, Vice-Chairman
Paul Carnahan
John F. Gerlach
Don Winner
Raymond Custer
Members absent:
Lee Regulski, Chairman
Also present:
Gary Hewetson, representing City Staff
Thomas A, Bustin, City Attorney
Frances Sunderland, Board Secretary
Sue Lamkin, Assistant City Clerk
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The meeting
tbe Commission
and advised any
Munioipal Code
Pinellas County.
days of the
Florida
tbis
sucb
was called to order by the
Meeting Room in City Hall. He
aggrieved party may appeal a
Enforcement Board by certiorari
Any such appeal mus t be
execution of the order
Statute 286.0105 requires any
Board to have a verbatim record
an appeal.
Chairman at 2:00 p.m. in
outlined the procedures
rUling or order of the
in tbe Circuit Court of
filed witbin thirty (30)
to be appealed, He noted that
party appealing a decision of
of the proceedings to support
POBLIC mwtIlIGS
CASE 10. 20-81
u.S. Dept. of Housing
Development (Mandalay Shores)
Standard Building Code
&
Urban
David Deutscb,
and Urban Development
December 16,
continuance was
Mandalay Shores Cooperative
ci ted seven reasons.
supporting their motions. Gary
City, stated the City's only interest
removed as quickly as possible.
attorney
(HUD), entered
1981, citing seven reasons
filed by Victor
representing the U. S. Dept. of Housing
a motion for continuance until
for doing so. An objection to
A. Altman, attorney representing
Housing Association (Intervenor), whioh
Each attorney presented oral arguments
Hewetson, attorney representing the
is to see that the asbestos is
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12/2/81
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In response, Mr. Deutsch stated
reassess their position in the event
consumated.
the Department would have to
the proposed sale were not
Discussion ensued concerning the arguments presented, and Mr.
Custer moved to deny the request for continuance. The motion was duly
seconded and upon the vote being taken Messrs. Custer, Gerlach and
Ehrig voted "Aye;" Messrs. Carnahan and Winner voted "Nay." Motion
carried. The case will be heard.
Mr. Deutsch made a preliminary statement citing cases where the
courts have upheld governmental immunity from local jurisdiction. He
expects the closing with Mandalay Associates to take place on December
16, and Associates will be responsible for removal of the asbestos.
They will be required to post a 2.8 million dollar performance bond,
and the property will be maintained as rentals for 20 years.
Jawdet RUbaii, attorney also representing Intervenor, and Gary
Hewetson presented arguments refuting the contention that HUD is
immune and that they have acted in good faith.
The City Attorney advised the Board it should proceed with the
evidence concerning the alleged code violation and leave the
determination of the legal fine points to the courts.
Mr. Deutsch left the hearing at 3:21 p.m.
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Submitted as evidence by Building Director Roy Ayres:
City's Exhibit ~1 - Copy of letter dated 8/21/81 to J. C. Coile,
Director, Housing Management Div., U.S. Dept. of
Housing & Urban Development, 661 Riverside Avenue,
Jacksonville, Fl., and Notice of Violation of the same
date.
Composite Exhibit D2 - (a) through (j), copies of
correspondence from the Building Department's file on
Mandalay Shores.
Exhibit U3 - Copy of warranty deed showing HUD as the owner
of record.
The Building Director reviewed the contents of the
submi tted and described the inspection procedures employed
Building Department when the subject property was inspected.
exhibits
by the
Dr, Willa Brown, Director of Pinellas County Health Department,
stated George McCall, Director of the Division of Environmental
Control, inspeoted the premises and discovered the presence of friable
asbestos, which constitutes a healtn hazard. There is no safe level
of exposure and the asbestos should be removed without delay. She
reported the P1nellas County Courthouse, as well as several schools
throughout the County, were discovered to have asbestos and the
material has been removed,
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City's Exhibit #4 was submitted by Vance Pearson, Assistant Chief
Chemist, Thornton Laboratories, Tampa, which is a report of a
ceiling analysis on the subject property dated 2/20/80. He reviewed
the contents of the report and explained the sampling procedures
followed during the study. He stated the material should be removed,
rather than contained, and emphasized the importance of proper removal
procedures. A part of proper removal procedures would include
relocating tenants, as required, so that removal could be accomplished
one wing at a time, with the wing being sealed off during the
process.
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Jean Burton, who has been project manager at Mandalay Shores for
six years, described some of the various maintenance activities
perf'ormed during the past two or three years. She reported that
several employees had worn, at one time, monitors for an 8-hour period
and no detectable amounts of asbestos were found. It was recommended
by the Department of Labor that disposable clothing, masks, and shoe
covers be obtained for maintenance employees. She stated it was
apparently HUD's intention to do rehabilitation on the building and
removal of asbestos at the same time in order to minimize disruption
of the tenants. Mrs. Burton stated she is an employee of a management
broker, not HUD. The vacancies currently existing in the building
have been planned to provide space to relocate tenants during the
rehabilitation process. There are nearly enough vacancies now to
accomplish this objective.
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Mr. Rubaii requested permission to exhibit three television
f'ilms. The consensus of the Board was to limit the presentation to
one of' the two films which were taken at Mandalay Shores to show
existing conditions.
Mark Gould, of WTVT Channel 13, stated he was present when the
f'ilm was made and he did the editing.
The Board viewed the film and recessed from 4:55 to 5:10 p.m.
Dwight L. Hopkins, Vice President of Cross Construction Company,
discussed Intervenor's Exhibits #1 and #2. He emphasized the asbestos
removal would be done in accordance with EPA and OSHA regulations and
the facility would also meet the requirements for clean air. Proof of
this would be accomplished by air monitoring. Mr. Hopkins responded
to numerous questions concerning removal of asbestos and the necessary
cleanup. Intervenor's Exhibits #1 and fl2 were admitted into
evidence.
Mr. Custer moved to accept all the evidence presented. The
motion was duly seconded and carried unanimously.
Robert Rose is Construction Manager for Mr. Hoff'man and the group
who plan to purchase the property. He is a consultant operating under
the name of' Associated Power Systems and Construction Management
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Services in St. Petersburg. They plan to close off a wing at a time
and do total rehabilitation, which would include removal of the
asbestos. They estimate it will require six months per wing to
complete the work, All duct work which it is possible to remove will
be replaced. Any which remains will be either thoroughly cleaned or
blocked off.
Mr. Rose responded to many
of the premises if removal
rehabilitation at a later date.
questions concerning recontamination
were to take place at once and
In summation, Mr. Hewetson declared it has been clearly
established that asbestos is present on the premises and this poses a
health hazard.
The hearing was declared closed and the Board fully discussed the
evidence presented,
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Mr. Winner moved that the F1ncliD8s of Faot are: There is
friable asbestos present at Mandalay Shores based on testing done by
Mr. Vance Pearson of Thornton Laboratories of Tampa. There is no
minimum of friable asbestos acceptable fr'om a health standpoint
according to testimony of Dr. Willa Brown, Director of Pinellas County
Health Department. The presence of friable asbestos does present a
potential health hazard and, as such, is in violation of the
Clearwater Codes, The Ccmol.ualOD or Law is: H.U .D" as owners of
Mandalay Shores, are in violation of the building codes, Sec. 103.4 of
the Standard Building Code, by permitting potentially harmful asbestos
to remain in this bUilding. It is the Order of this Board that the
U. S. Department of Housing & Urban Development shall comply with
Sec. 103.11, as amended by Sec. 1 33.02 of' the Code of the City of
Clearwater, by commencing removal of asbestos within 60 days and
complete in twelve (12) months from the date of this Order, under the
supervision of and at a pace acceptable to the City of' Clearwater
Building Department and Pinellas County Health Department. If the
U. S. Department of Housing and Urban Development does not comply
within the times specified, they shall pay a fine of $500.00 per day
for each day the violation continues to exist. If the U, S.
Department of Housing & Urban Development does not comply within the
times specified, a certified copy of this Order, together with an
Affidavit of Non-Compliance, shall be recorded in the public records
of the Office of the Clerk of the Circuit Court in and for Pinellas
County and, once recorded, shall constitute a lien against the
property upon which the violation exists, pursuant to Chapter 80-300
'Laws of Florida, 1979. Upon complying, the U. S. Department of
Housing & Urban Development shall notify Mr. Roy Ayres, the City
Official who shall inspect the property and notify the Board of
compliance. The Building Director of the City of Clearwater is
requested to keep the Board advised of the progress at bi-monthly
intervals. Should a dispute arise concerning compliance, either party
may request a further hearing before the Board, The motion was duly
seconded and carried unanimously.
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12/2/81
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CASK RO. 21-81
Martin Lehew (210 Vine Ave., Clearwater)
Standard Building Code
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Martin Lehew did not make an appearance. The Board secretary
advised he had been notified by certified mail dated 11/12/81.
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Charles Reis, BUilding Inspector, reported a complaint h~d been
made on 8/24/81 concerning an addition to the shed. An inspection was
made and the shed was red tagged. MI'. Lehew was given a reasonable
tllne to obtain a permit or remove the shed, neither of which was done.
There was no further contact until 10/13/81 at which time the Notice
of Violation was issued. The compliance date was set for 10/20/81 and
the Affidavit of Violation was filed 10/26/81. Sec. 106.1 was read
into the record. The hearing was declared closed.
Mr. Gerlach moved that the F1IldiDgs ot Faot are the Board
accepts Charles Reis' testimony concerning the fact that the BUilding
Department did not give out a permit for a building located on Lot 18,
Drew Park Subdivision, The Conolusion ot Law is that Martin Lehew
is gUilty of violating Sec. 106.1, Building Code of the City of
Clearwa tel". The Order is Mr. Lehew has sixty (60) days to correct
the violation of Sec. 106.1 of the Building Code. In the event the
violation is not corrected within sixty (60) days there shall be a
$10.00 per day fine levied un tll the violation is correc ted . The
motion was duly seconded and carried unanimously.
tJIfPIBISBBD BUSIRBSS
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CASE 10. 10-81
John Tylawsky (935 Lakeview Rd.,
Clearwater) Standard Building Code
An Affidavit of Non-Compliance filed 11/13/81 and a letter
from John Tylawsky requesting a further hearing were presented. The
Vice-Chairman reviewed the FJ.ncI1Dgs ot Pact, ConolualoDa ot Law,
and Order issued at the hearing 9/16/81. Mr. Tylawsky stated he is
not prepared today to present evidence to support his statement that
he is no longer in violation. Mr. Custer moved to grant Mr.
Tylawsky's request, and he will be heard on 12/16/81. The motion was
duly seconded and carried unanimously.
CASE RO. 1....81
Abe Cohen et a1 (Whitehouse Apts., 709
N. Ft. Harrison, Clearwater) Fire Code
Mr.
11/24/81.
Custer moved to accept the Affidavit of Compliance
The motion was duly accepted and carried unanimously.
filed
CASK RO. 15-81
David Gangelhoff (c/o
Clearwater, 405 N.
Clearwater) Fire Code
Gulf
Ft.
Marine of
Harrison,
Mr. Custer moved to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
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