MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
APRIL 14, 2004
The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held April 14, 2004, 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 Mr. Larry Hall, Chairman; Mr. Frank Harold, Vice-Chairman; Mr. Charles “Pete” Southerland, Mr. Danny Holt and Mr. William J. Blackman.
Building Inspection Department staff in attendance were Mr. Tim Tolbert, Building Official; Mr. Skip Tompkins, Compliance Division Superintendent; Mrs. Rhonda Royals, Deputy Building Official; and Ms. Amy Allen, Permit Analyst.
Mr. Tom Dannheisser, County Attorney was absent from the meeting.
Mr. Hall, Chairman called the meeting to order at 3:05 p.m.
Approval of Agenda:
There was an amendment to the agenda. Mrs. Rhonda Royals asked the Board to move item number five “a” to the end of the agenda. There was also an addition to the agenda. Mr. Curtis Johnson was present to petition the Board for reinstatement of his license. Mr. Southerland made a motion to accept the agenda. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Blackman made a motion to approve the minutes from the February 11 , 2003 meeting. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Wednesday, May 12, 2004, at 3:00 p.m.
Mr. Ken Tebay VS Mr. Edward W. Sanders d/b/a Paradise Constructors Inc
Mrs. Royals explained the case to the Board. This complaint was filed by Mr. Ken Tebay against Mr. Edward Sanders d/b/a Paradise Constructors. Mr. Tebay signed a contract with Mr. Sanders for the construction of a new single family dwelling. The house was to be completed within 180 days. After 180 days had expired the only thing completed was the footers. Mr. Tebay’s complaint also outlined financial mismanagement by the contractor because of the failure to pay sub-contractors.
Mr. Randy Jones, Compliance Investigator, investigated this complaint. Part of the complaint deals with performance related items. There was also a large amount of rain during the time of construction that could have delayed the project. Mr. Jones informed the Board that some of the concrete and labor were not paid for by the contractor; Mr. Tebay had to pay those bills.
Mr. Tebay has contracted with another contractor who is proceeding along with the job. Mrs. Royals explained to the Board that Mr. Sanders is a State Certified contractor. Discussion among the Board ensued regarding whether or not this Board could hear the case because Mr. Sanders is state certified. It was determined that the local Board could hear the case along with a Board on the State level. The local Board could prevent a contractor from working in this county. Financial mismanagement was an issue that this Board could hear.
Mr. Holt and Mr. Jones discussed the financial mismanagement complaint against Mr. Sanders. Mr. Hall asked Mr. Jones about any code violations that were on the jobsite. Mr. Jones explained that all of the code violations have been corrected.
Mr. and Mrs. Tebay were present for the meeting. Mr. Ken Tebay explained his case to the Board. Mr. Tebay discussed the time line of events that occurred with the Board. During the 180 days, one of the footers had been completed and inspected with another footer completed but not inspected. There are still sub-contractors who have not been paid. Mr. Tebay has paid all other sub-contractors, in excess to the amount he has paid Mr. Sanders.
Mr. Tebay informed the Board that he has filed a complaint with the Florida State Department of Business Professional Regulations. He has not heard anything from that complaint.
Mr. Hall and Mr. Tebay discussed the amount of money paid to Mr. Sanders. Mr. Tebay has paid the contractor $23,500.00. Mr. Harold and Mr. Tebay discussed why the 10 percent of the contract had been paid.
The contractor was not present for the meeting.
Mr. Southerland made a motion to bring the case to a Formal Hearing. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Mr. Edward Robinson VS Mr. Richard A. Pitman d/b/a R.A. Pitman Homebuilders
Mrs. Royals briefly explained the case to the Board. Mr. Robinson entered into a contract with Mr. Pitman in August of 2003. Mr. Robinson has paid Mr. Pitman approximately $22,000.00. The only work that has been completed is the clearing of the lot and the setting of the batter boards. This complaint deals with financial mismanagement by the contractor.
Mr. Randy Jones, Compliance Investigator, investigated this complaint. Mr. Jones informed the Board that several other complaints have been filed against Mr. Pitman.
Mr. Jones explained that the Mr. Robinson has paid Mr. Pitman over $22,000.00 for the construction of his home. One lien was filed by WCB Graphics. This lien was satisfied by Mr. Pitman a few weeks ago.
Mr. Pitman is a certified contractor. The State is aware of this situation. Mr. Tom Bishop from the State Attorney’s office is waiting on results from this Board before he takes any action.
Mr. Pitman was present at the meeting to state his case. Mr. Pitman explained how he became a State Certified contractor.
Mr. Edward Robinson was present to state his case. Mr. Robinson contracted with Mr. Pitman. Mr. Robinson paid Mr. Pitman $5,000.00 for the start of the contract. Mr. Pitman in turn invoiced him for $16,000.00. Mr. Pitman told Mr. Robinson that he did have the waiver of liens but did not physically have them with him.
Mr. Southerland and Mr. Robinson discussed the work that had been completed at that point. Mr. Robinson explained that the lot had been cleared and the batter boards had been installed. Mr. Robinson also stated that the windows for the house had been ordered. Mr. Robinson explained that he had to also pay the sub-contractors who completed the work.
Mr. Hall and Mr. Robinson discussed the exact amount of money paid by Mr. Robinson. $28,000.00 was paid by Mr. Robinson. There was not a building permit applied for by Mr. Pitman for this construction.
Mr. Blackman and Mr. Robinson discussed the fact that the windows were ordered before a building permit was applied for. Mr. Robinson explained that now that the windows have been delivered, he is paying for storage of those windows.
Mr. Pitman discussed his case. Mr. Pitman explained the amount of money paid to him by Mr. Robinson. Mr. Pitman explained that the plans for the house were drawn with part of the money. Mr. Pitman does have a signed contract by Mr. Robinson for the house.
Mr. Pitman explained that this was a cost plus construction project. Mr. Pitman and the Board members discussed the work that was completed with the money paid by Mr. Robinson.
Mr. Hall and Mr. Pitman discussed the different houses built by Mr. Pitman in Santa Rosa County. Mr. Pitman explained that he has built eight to ten houses as the contractor.
Mr. Blackman asked Mr. Pitman if he has had any homeowners terminate the
contract. Mr. Pitman discussed three different homeowners who have had their
contracts with Mr. Pitman terminated.
Mr. Pitman discussed the reason he had ordered the windows before he had a building permit. Mr. Pitman also described the size of the house and plans that had been drawn. Mr. Pitman said that the money paid to Mr. Pitman from Mr. Robinson has been placed in Mr. Pitman’s attorney’s escrow account. Mr. Pitman said that there was $16,000.00 in the escrow account.
Mr. Harold made a motion to take this case to a Formal Hearing. Mr. Blackman seconded the motion.
Mr. Holt and Mr. Pitman discussed the septic tank permit. Mr. Pitman explained the delay in the septic tank permit.
Mrs. Royals explained that it usually takes 45 to 60 days to schedule a Formal Hearing. If the case is resolved during that time, the case will be dismissed.
The Board voted on the motion. The motion carried unanimously.
Mr. Hall called a break at 4:15 p.m.
Mr. Hall called the meeting back to order at 4:25 p.m.
New Business (Probable Cause)
Santa Rosa County VS Thomas J. Ikner d/b/a All Seasons Windows
Mrs. Royals explained the case to the Board. This complaint was filed by Santa Rosa County against Mr. Ikner for the failure to pull the necessary permits. Mr. Ikner is a registered specialty contractor.
Mr. Ikner was present at the meeting to state his case. Mr. Ikner explained the work he did for this project. Santa Rosa County received this complaint from the homeowner because of the length of time it took Mr. Ikner to install the windows. Mr. Ikner has settled the complaint with the homeowners; however, a building permit has not been issued.
The Board asked Mr. Ikner why a building permit had not been pulled. Mr. Ikner said that he did come to the Building Department to pull the permit but did not have the proper paperwork. An application was not made with Santa Rosa County for the Building Department.
Mr. Ikner explained that the work began in July of 2003. Mr. Blackman asked when the work was complete. Mr. Ikner believed that the project was completed in February of 2004.
Mr. Hall and Mr. Ikner discussed the other projects Mr. Ikner has in Santa Rosa County. Mr. Hall explained the permit process.
Mrs. Royals and Mr. Jones explained to the Board that another complaint against Mr. Ikner has been received by the State of Florida. Mrs. Royals stated that one permit has been issued to Mr. Ikner but there has not been any inspections completed on that job. This permit was issued in November of 2003.
Mr. Harold and Mr. Jones discussed the work that had been completed at the job in question. Mr. Jones stated that the owner of this project was satisfied with the work. Mr. Jones explained that a permit was required for the work that Mr. Ikner had completed. Mrs. Royals explained that the cost of the permit was based on the square footage of the enclosure.
Mr. Jones explained that there are two other projects completed by Mr. Ikner that have not had permits issued for the work. One of the jobs was completed in May of 2003 before Mr. Ikner was licensed in Santa Rosa County. The second complaint was dealing with shutters that were never installed. Both of these projects should have had a permit and inspections.
Mr. Blackman made a motion to bring this case to a Formal Hearing. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
New Business (Reinstatement of License)
Mr. Curtis M. Johnson
Mrs. Royals explained the case to the Board. Mr. Johnson has been a residential contractor since 1987. The last payment we received for Mr. Johnson’s license was in 1999. Mr. Johnson’s state registration expired in 1999 as well. Mrs. Royals read from the county ordinance based on expired licenses.
The Board members and Mrs. Royals discussed the requirements established by the ordinance for reinstatement of licenses. Written proof that a contractor has been working must be submitted.
Mr. Tolbert explained that Mr. Johnson has attended and completed several continuing education classes.
Mr. Johnson was present at the meeting to state his case. Mr. Johnson explained the work that he has completed since the lapse of his license. Mr. Johnson has been actively contracting in another state since 1999.
Mr. Blackman made a motion to reinstate Mr. Johnson’s license. Mr. Southerland seconded this motion. The motion carried with an unanimous vote.
Update on Swimming Pool Contractors
Ms. Amy Allen updated the Board members on the swimming pool contractors. A letter was mailed to all contractors with outstanding permits on March 29, 2003. Some of the contractors have made progress on the expired permits.
Mr. Southerland made a motion to call in all of the contractors who have expired permits for a Probable Cause meeting.
Mr. Blackman stated that he would like to call in the top five contractors with expired permits for a Probable Cause meeting.
Mr. Southerland amended his motion to state that Avalon Pools, Cox Pools, Panama Pools, James Wesley Foster, and Roberts’ Pools come for a Probable Cause meeting. Mr. Blackman seconded the motion.
Discussion among the Board ensued on the type of action that could be done for these contractors. Mrs. Royals read the letter that was mailed to each of the swimming pool contractors.
Mr. Harold recommended that staff send Probable Cause notices to the five contractors listed earlier and another letter informing the other contractors that Probable Cause meetings have begun.
The motion carried with an unanimous vote.
Mr. Holt made a motion to adjourn the meeting. Mr. Blackman seconded the motion. The motion carried with an unanimous vote.
Mr. Hall adjourned the meeting at 5:15 p.m.
Approved this ______ day of __________________ 2004.
_______________________________________________
Charles “Pete” Southerland
Chairman
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department