MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
JANUARY 8, 2003
The regular meeting of the Santa Rosa County Building Code of Adjustments and Appeals was held January 8, 2003, at 3:00 p.m. in the Conference room of the Santa Rosa County Building Inspection Department located at 6051 Old Bagdad Highway, Room 202, Milton, FL 32583. Board members present were Bill Adams, Chairman; Charles “Pete” Southerland, Vice-Chairman; Jeff Ates, Frank Harold, and Larry Hall.
Building Inspection Department staff in attendance were Martin Riley, Building Official; Rhonda Royals, Building Department Coordinator; Skip Tompkins, Field Superintendent; and Amy Allen, Permit Analyst.
Mr. Tom Dannheisser, County Attorney was also in attendance.
Chairman, Mr. Bill Adams called the meeting to order at 3:05 p.m.
Approval of Agenda:
There were no changes to the agenda. Mr. Southerland made a motion to approve the agenda. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Southerland made a motion to approve the minutes from the November 6, 2002 meeting. Mr. Hall seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Wednesday, February 12, 2003, at 3:00 p.m.
Old Business (Formal Hearing):
Mr. Frank Harwood and Sandra Lang VS Douglas Dodd d/b/a Bay Breeze Builders, Inc.
This case can be obtained verbatim due to the fact that a court reporter was present.
Mrs. Royals gave a brief summary of the case to the Board. Mr. Frank Harwood and his wife Mrs. Sandra Lang were both present; however, the contractor, Mr. Douglas Dodd of Bay Breeze Builders was not in attendance. Mr. Dodd had received a certified notice of the meeting from both the Building Department and the County Attorney’s office.
Mrs. Royals read the charges. This case is against Mr. Douglas Dodd doing business as Bay Breeze Builders, 1810 Weeks Drive, Milton, FL 32583, license number RG0066567. The charges are violation of Santa Rosa County Ordinance 93-08, section 11, paragraph H, sub-paragraph 1; financial mismanagement or misconduct in the practice of contracting that caused financial harm to Mr. Frank Harwood.
Mr. Dodd was hired by Mr. Harwood to construct a single-family residence located at 7803 Siesta Cove, Milton, FL 32583. Mr. Harwood originally filed this complaint with the State of Florida; however, the complaint was forwarded to the Building Department because Mr. Dodd is a registered contractor.
The Board heard this case at the November 6, 2002 meeting; at that time, the Board voted to carry the case to a Formal Hearing. The contract Mr. Harwood and Mrs. Lang had with Mr. Dodd was for a total contract price of $231,365.00. Mr. Harwood and Mrs. Lang actually paid out $272,701.36. That is an excess of $41,336.36.
Mr. Harwood and Mrs. Lang were both sworn in. Mr. Adams asked Mr. Harwood and Mrs. Lang to give a brief summary of the events that had occurred during the construction of their house. She stated that she and her husband had contracted a house with Mr. Dodd for a price of $231,365.00. They had paid Mr. Dodd $115,589.69. The contract was completed directly with sub-contractors for a price of $130,671.37. Also, they paid a lien of $25,740.00 to Wick’s Lumber.
The framing portion of the construction had begun when complaints where being made to Mr. Harwood about Mr. Dodd not paying different individuals for the work they had done. Mr. Dodd stated that he had been having financial problems but they were going to be ironed out. No additional money was given directly to Mr. Dodd. Joint checks were made out to Mr. Dodd and the framing crew. At some point following that Mr. Harwood and Mrs. Lang began paying the vendors directly, including Wick’s Lumber.
Mr. Harwood and Mrs. Lang essentially took over the contract. Mr. Dodd had not been fired because he had pulled the necessary permits. Mr. Dodd continued to ensure Mr. Harwood and Mrs. Lang that his financial situation would be recovered. There was also no additional financial commitment to him. Mr. Harwood and Mrs. Lang were trying to use Mr. Dodd’s services as best as they could. He also acted as a finished carpenter. Mr. Harwood and Mrs. Lang were paying the sub-contractors directly. After the lien from Wick’s Lumber was found, Mr. Harwood worked with Wick’s Lumber and Mr. Dodd; however, the lien was not resolved. At that time Mr. Harwood and Mrs. Lang paid the lien and finished the construction of the house.
Mr. Adams asked Mrs. Lang what the total amount of additional money had been required in order to finish the house. Mrs. Lang stated that final amount of additional money paid was $40, 745.81. This amount was sent to the Construction Industry Recovery Fund. Harvester’s Federal Credit Union had issued Mr. Harwood a construction loan. Mr. Southerland asked Mrs. Lang if a representative from Harvester’s had ever been to the construction site. Mrs. Lang stated that Harvester’s had informed Mr. Harwood that the contractor had not been paying his bills. Harvester’s talked to Mr. Dodd a few times after the second draw had been paid to Mr. Dodd. No further funds were given to Mr. Dodd. Harvester’s Federal Credit Union did not have much interaction with the project.
Mr. Southerland asked Mr. Harwood what work had actually been done with the money that had been paid to Mr. Dodd. Mr. Harwood explained that the pilings had been installed, the sub-flooring was constructed, a few appliances had been ordered, and some framing was completed. The house had not been dried in. Mr. Harwood had to complete some of the framing.
Mr. Adams asked Mr. Harwood what excuse or reason Mr. Dodd had given him explaining why he had not been performing the job. Mr. Harwood explained that Mr. Dodd said that he had a number of projects he was juggling at one time. Mr. Adams asked if Mr. Dodd used any of his money on another project. Mr. Harwood stated that the money was not used on his house.
Mr. Hall and Mr. Harwood discussed the cost of the construction that had been completed. Mrs. Lang stated that the money paid to Mr. Dodd was within the guidelines from Harvester’s Credit Union.
Mr. Adams asked Mrs. Lang if, until the second draw, Mr. Dodd had been working to their expectations. Mrs. Lang stated that they did not know anything was wrong until after the second draw had been given to Mr. Dodd.
Mr. Harold and Mr. Adams discussed the role of Harvester’s Federal Credit Union in the project.
Mr. Southerland asked Mrs. Royals if Mr. Dodd had been contacted. Mrs. Royals explained that originally the Building Department had been unable to contact Mr. Dodd. However, Mrs. Royals was able to locate Mr. Dodd and he was notified by certified mail and regular mail. The Building Department did receive the return receipt that Mr. Dodd had signed notifying him of the meeting today. Mr. Dodd was located in Milton.
Mr. Dannheisser explained the charges and the disciplinary guidelines as they applied to this case. The options for punishment in this case are suspension of his license up to a year or revocation of license from one year to five years. Mrs. Royals explained to the Board that Mr. Harwood and Mrs. Lang were applying for the State Recovery Fund. If Mr. Harwood and Mrs. Lang are granted this money, Mr. Dodd cannot get his license reinstated until he has paid the money owed to the State.
Mr. Adams explained to the Board that a vote would be needed on the charges. The charges are financial mismanagement or misconduct on the practice of contracting. Mr. Harold made the motion that Mr. Dodd was in violation of ordinance 93-08, section 11, paragraph H, sub-paragraph 1. Mr. Southerland seconded the motion. The motion carried with a unanimous vote.
Mr. Southerland made a motion to revoke Mr. Dodd’s license for 5 years. Mr. Harold seconded the motion. The motion carried with a unanimous vote.
Mr. Hall made a motion to recommend to the State that Mr. Dodd pay restitution for the money lost in the amount of $40,745.81. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
New Business
Santa Rosa County VS Steven Nord d/b/a Sea Horse General Contractors
Mr. Steven Nord was in attendance at the meeting. Mrs. Royals briefly explained the case to the Board. The Building Department received information from the Planning and Zoning Department, Code Enforcement division, that Mr. Nord had been doing construction without any permits.
This complaint occurred at 5275 Soundside Drive. Mr. Mark McDaniel was the property owner. Mr. McDaniel did not attend the meeting; however, he did make contact by telephone with Mrs. Royals on the day of the meeting.
Mr. McDaniel had applied to the State to build a pier. He wanted to build his pier at a length of 330 feet. County ordinance only allows 300 feet piers without a variance. His did have his Corp of Engineers approval and Department of Environmental Protection approval. Mr. Nord was contracted by Mr. McDaniel to put in pilings. Mr. McDaniel intended to construct the pier but needed someone to install the pilings. Mr. Nord installed approximately one dozen pilings. The Planning and Zoning Department, Code Enforcement Division, came across the site and discovered that work was being done. Mr. McDaniel stated that when he contracted with Mr. Nord, Mr. Nord asked him if he had all of the necessary permits. Mr. McDaniel said yes he did.
Mr. Kevin Hargett from the Planning and Zoning Department, Code Enforcement was in attendance to state his case. Mr. Hargett explained to the Board that he had made a pre-site inspection required on all coastal construction. At that time he saw Sea Horse General Contractor already doing construction on the pier. At that time he issued a stop work order. A citation was also issued to Sea Horse General Contractor in the amount of $253.00 because it was the third offense Sea Horse General Contractor had had with the Planning and Zoning Department on coastal construction without permits. A discussion ensued on the first two offenses.
Mr. Hargett stated that Mr. Nord did stop work and a permit was issued for a 300 feet pier. Mr. McDaniel was to apply for a variance for the additional 30 feet. The Board and Mr. Hargett had a discussion on the process of permitting coastal construction.
It was determined that the offense was Mr. Nord did not have a permit from the Building Inspection Department or Planning and Zoning to begin construction. Mr. Wayne Stewart, Supervisor of Code Enforcement, Planning and Zoning Department; was in attendance to further explain the process of coastal construction approval in the Planning and Zoning Department.
Mr. Steven Nord of Sea Horse General Contractor was in attendance to state his case. Mr. Nord explained how he was contracted by Mr. McDaniel to drive the pilings for the job. Mr. Nord explained that Mr. McDaniel did say he had all of the necessary permits for construction. Mr. Nord stated that after the stop work order had been issued, he and his crew stopped work and pulled off the jobsite.
Mr. Nord said that he did get approval from Planning and Zoning Department to begin construction again. The Board and Mr. Nord discussed the length of pier. Mr. Nord stated that the homeowner had completed the pier even though a stop work permit had been issued. Mr. Hall and Mr. Nord discussed the fact that a permit should have been pulled before Mr. Nord began work.
Mr. Nord explained the two other violations he had with the Planning and Zoning Department, both of which occurred because of construction without a permit.
Mr. Adams explained that Mr. McDaniel would need to pay a double permit fee for starting work without a permit. Mr. Stewart and the Board further discussed the permitting process. Mr. Ates and Mr. Nord discussed the length of the pier and exactly how far Mr. Nord had driven the pilings. Mr. Riley and Mr. Nord discussed the fact that no permits had been issued so no work should have been started.
Mr. Southerland made a motion to reprimand Mr. Nord. Mr. Harold seconded the motion. The motion passed with an unanimous vote. Mr. Dannheisser explained to the Board that this reprimand would be held permanently on Mr. Nord’s record.
Santa Rosa County VS Reginal Holleman
Mrs. Royals made a recommendation to the Board to dismiss this case. Mr. Holleman came into the Building Inspection Department and purchased the necessary building permits. Mr. Harold made a motion to dismiss the case. Mr. Southerland seconded the motion and the motion carried with an unanimous vote.
New Business
Santa Rosa County VS Raymond Noel d/b/a Reve Development Corporation
Mrs. Royals asked the Board to make a motion to continue this case. Both parties were agreeable to continue the case. Mr. Hall made a motion to continue the case to the February 12, 2003 meeting. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
New Business
Mr. Adams explained to the Board that a rotation among the districts determines the Chairman and Vice-Chairman. Mr. Charles “Pete” Southerland would be the Chairman and Mr. James Larry Hall would be the vice-chairman
Mrs. Royals explained to the Board that some of the pool contractors had been working with the Building Department to resolve some of the permits. Mr. Tom King from Pensacola Pools was in attendance at the meeting. Mrs. Royals briefly explained to the Board the process of pool finals. Mr. King explained how Pensacola Pools was trying to resolve the outstanding permits. The Board had a discussion about the pools and contractors. The Board decided on the contractors that need to come before the Board. The Board decided that the contractors would come before the Board; at that time the Board would decide if a Probable Cause meeting would be required.
Mr. Adams then addressed the Board that he was resigning effective this date. He regretted that he had to make this decision but time constraints had forced him to do so.
Mr. Harold made a motion to adjourn the meeting. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Meeting adjourned at 4:46 p.m.
Approved this ________ day of ______________________ 2003.
____________________________________________________
Charles “Pete” Southerland
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department