MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
JULY 13, 2004
The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held July 13, 2004, at 3:00 p.m. in the Board room of the Santa Rosa County Commissioner’s located at 6495 Caroline Street, Milton, FL 32570. 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 also present for the meeting.
Mr. Hall called the meeting to order at 3:04 p.m.
Approval of Agenda:
There were no amendments to the agenda. Mr. Blackman made a motion to accept the agenda. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Blackman made a motion to approve the minutes from the June 9, 2004 meeting. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Wednesday, August 4, 2004, at 3:00 p.m. in the Building Inspection Department Conference Room.
These minutes can be obtained verbatim due to a Court Reporter being present for the Formal Hearings.
Mr. Ken Tebay VS Mr. Edward W. Sanders d/b/a Paradise Constructors, Inc.
Mrs. Royals briefly explained the case to the Board. Mr. Ken Tebay filed a complaint with the Building Department against Mr. Sanders d/b/a Paradise Constructors, Inc. Mrs. Royals read the charges against Mr. Sanders; violation of ordinance 2002-06, section 30, paragraph 1, subparagraph “h”. Mr. Sanders is a state certified contractor which means that the Board would have to find Mr. Sanders guilty of fraud in order to take disciplinary
action.
Mr. Blackman and Mr. Dannheisser discussed the items that can be considered fraudulent. Mr. Dannheisser also explained that the only discipline a local board can administer is to prevent him from pulling permits in Santa Rosa County.
Mrs. Royals explained that the complaint filed by Mr. Tebay was in regard to an estimated $30,000.00 paid by Mr. Tebay for the construction of his home with only the footers dug. Mr. Tebay has contracted with another contractor to complete the job.
Mr. Randy Jones, Compliance Investigator, was present at the meeting to explain his investigation. Mr. Jones explained the amount of money and the terms for the contract signed by Mr. Tebay and Mr. Sanders. Mr. Tebay had to pay the concrete company over and above the contract price and there is still other bills that have not been satisfied at this time.
Mr. Jones explained to the Board that there are two or three other cases filed with the Building Department against Mr. Sanders.
Mrs. Royals explained that Mr. and Mrs. Tebay were both present for the meeting. However, Mr. Sanders was not present but was properly notified.
Mr. Tebay stated there have not been any new developments to the case. He stated that he has not had any contact with Mr. Sanders since prior to the Probable Cause meeting.
Mr. Blackman and Mr. Tebay discussed the contract and the timeline for the project. Mr. Tebay explained that there was some bad weather but that there was plenty of time that some work could have been done.
Mr. Blackman and Mr. Tebay discussed the work that had been completed with the money that Mr. Tebay had paid. Mr. Blackman reviewed the items that Mr. Sanders had purchased with the money paid by Mr. Tebay. There are still outstanding bills that have not been paid at the time of the meeting.
Mr. Harold asked why Mr. Tebay did not go before an arbitration board as indicated in the contract. Mr. Tebay said that he did not think to go before the board. Mr. Harold and the Board discussed the code violations found with the work that Mr. Sanders had completed.
Mr. Holt and Mr. Tebay discussed that Mr. Tebay already had the plans drawn for completion of his house. Mrs. Royals discussed the inspections that had occurred during the time that Mr. Sanders was the contractor. Mr. Jones explained that the code violations have been addressed and inspections were passed. Mrs. Royals explained that the inspection was called for on July 9, 2003 and passed inspection on July 16, 2003.
Mr. Tebay explained that there are several other counties and people who have had the same problems with Mr. Sanders.
Mr. Edward Sanders d/b/a Paradise Constructors was not present to state his case at the meeting.
Mr. Southerland made a motion to find Mr. Sanders guilty of the charges brought before him and to revoke his privileges for pulling permits in Santa Rosa County for five years. Mr. Blackman seconded the motion.
Mr. Harold discussed with the Board that the contractor was told not to work on the job after he had taken the length of time to construct the house. Mr. Blackman discussed the fact that the contract was signed on March 28, 2003; however, work on the jobsite did not occur until July 9, 2003.
Mr. Holt discussed with the Board the length of time it had taken the contractor to receive a perk test for the septic tank with the Health Department. Mr. Holt also made mention of a problem that had occurred with the site plan. It was determined that the site plan was easily corrected. Mr. Tebay explained that the perk test was received fairly quickly. Mr. Tebay also discussed that the plans did not have to be approved by a subdivision organization.
Mr. Tolbert explained that it is a rather quick process to change a site plan for Santa Rosa County.
Mrs. Royals read the motion made by Mr. Southerland and seconded by Mr. Blackman. She also read the charges filed against Mr. Sanders.
Mr. Southerland made an amendment to his motion to forward the findings to the state. The motion was seconded by Mr. Blackman. The motion passed three to two with Mr. Holt and Mr. Harold opposing.
Old Business (Formal Hearing)
Mr. John and Cindy Hardy VS Mr. Thomas Anthony Stuller d/b/a A & L Pools
Mrs. Royals asked the Board to table this case until the next month’s meeting. Mr. Stuller did not receive due notice of the meeting.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. Thomas J. Ikner d/b/a All Seasons Windows
Mrs. Royals briefly explained the case to the Board. This complaint was filed by Santa Rosa County. Mrs. Royals read the charges filed against Mr. Ikner. Mr. Ikner is charged with failure to pull permits and have the required inspections for four different locations. Mr. Ikner has obtained all of the permits needed except for one. One of the three have been finalized.
Mr. Jones explained that the job on Admiral Road was brought to the Building Department’s attention by another subcontractor. At the time the work was completed Mr. Ikner was not licensed with Santa Rosa County. The problem with the license has been corrected. The permit has been issued for the project; however, the inspection did fail. Mr. Jones explained the reasons that the other permits have failed the inspections.
Mr. Thomas Ikner d/b/a All Seasons Windows was present to state his case. Mr. Ikner explained to the Board that the homeowners for the project on Admiral Road told Mr. Ikner that he could do the work; however, the homeowners would not allow a permit to be issued. Mr. Ikner accepted the contract and did the work without a permit.
Mr. Ikner explained that the job on Fern Street is waiting on a notice of commencement to finish out that job.
Mrs. Royals explained that Andorra Street was a complaint dealing with shutters. Mr. Jones explained that the homeowners initially filed the complaint because work had not been completed on the job. Since that time, Mr. Jones explained that he has tried to make contact with the homeowner on numerous occasions however has been unable to speak with them.
Mr. Holt and Mr. Jones discussed the fact that Mr. Ikner was trying to resolve the problems with the non-permitted work. Mr. Ikner discussed another project that was having problems. This project has not had any work done of the job. The homeowners decided that they did not want the windows installed.
Mr. Blackman and Mr. Ikner discussed why it had taken two months to get the projects permitted and inspected.
Mr. Southerland made a motion to place Mr. Ikner on probation for six months to monitor Mr. Ikner’s progress. If Mr. Ikner has no other problems he will be released from probation after the six months has expired. Mr. Blackman seconded the motion. The motion passed unanimously.
Mr. Hall called for a break at 4:10 p.m.
Mr. Hall called the meeting back to order at 4:23
Old Business (Formal Hearing)
Santa Rosa County VS Mr. Peter John Hare d/b/a Anglo Pool and Spa Co.
Mrs. Royals request that the Board dismiss this case due to the fact that all of the outstanding permits have been finalized.
Mr. Southerland made a motion to dismiss. Mr. Harold seconded the motion. The motion carried unanimously.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. Donald Suggs d/b/a Avalon Pools
Mrs. Royals requested the Board to dismiss this case due to the fact that all permits have been finalized.
Mr. Harold made a motion to dismiss. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. Donald Phillips d/b/a D K Pools, Inc.
Mrs. Royals explained to the Board that Mr. Phillips has finalized all of the outstanding permits with the exception of one. Mr. Phillips has been in contact with the homeowner of the one non-finalized project. The homeowner is in the process of contacting the original fencing contractor to get a problem with the latch on the gate corrected. Mrs. Royals would like to table the case for one month. During that time the Building Department will send the homeowner a notice advising them how urgent it is to get this pool finalized.
Mr. Blackman made a motion to table the case for one month. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. James Foster d/b/a Dolphin Pools
Mrs. Royals recommended to the Board to table the case. Mr. Foster does have two outstanding permits that have not been finalized. One of the pools was being built at the same time as the house. When the house was finalized the alarms were in place for the pool. However, when the pool was scheduled for its final inspection, the alarms had been removed. The homeowners have purchased new alarms and are in the process of installing them. The second case dealt with an electrical issue. The electrical contractor is refusing to comply with the code requirements for a feeder. If the electrical contractor continues to refuse to comply the Building Department will bring that contractor before the Electrical Board. Mrs. Royals explained that staff would like to give Mr. Foster one month to get these two problems corrected.
Mr. Blackman made a motion to table the case for one month. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS Mr.
Brett Allan Goll d/b/a Golls Pools Inc.
Mrs. Royals recommended to the Board to dismiss this case. Mr. Goll has finalized all of the outstanding permits.
Mr. Blackman made a motion to dismiss the case. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS John Gay d/b/a Panama Pools
Mrs. Royals recommended tabling the case for one month. Mr. Gay has finalized all of the outstanding permits with the exception of one. This pool has an electrical problem. Mr. Gay has scheduled the inspection several times; however, the homeowner is not complying. Mrs. Royals would like to table this case for one month and send a notice to the homeowner explaining how vital it is to have this pool inspected and finalized.
Mr. Gay was present at the meeting to state his case. Mr. Gay explained that the electrical contractor is refusing to make the necessary corrections. Mr. Gay would like the Building Department to consider bringing this contractor before the Electrical Board.
Mr. Blackman made a motion to table the case for one month. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. Robert Siyufy d/b/a Robert’s Pools
Mrs. Royals recommended dismissing the case. Robert’s Pools have finalized all outstanding permits.
Mr. Southerland made a motion to dismiss the case. Mr. Blackman seconded the motion. The motion carried with unanimous vote.
Old Business (Formal Hearing)
Santa Rosa County VS Mr. James Dular d/b/a Tam Tech Services, Inc.
Mrs. Royals recommended dismissing this case. Mr. Dular has finalized all outstanding permits.
Mr. Blackman made a motion to dismiss the case. Mr. Southerland seconded the motion. The motion carried with an unanimous vote.
Old Business (Probable Cause)
Santa Rosa County VS Mr. Michael Edward Seamon d/b/a Cox Pools
Mrs. Royals recommended dismissing this case. Cox Pools has finalized all outstanding permits.
Mr. Holt made a motion to dismiss the case. Mr. Harold seconded the motion. The motion carried with an unanimous vote.
Discussion ensued regarding the letter from the County Attorney to send to all homeowners that will not comply with the code requirements. The Board did agree that the letter would put some of the responsibility back to the homeowners.
Mr. Tolbert discussed a new requirement that the Building Department has implemented. The alarms must be installed before the footer inspection will be passed. No other inspection will be conducted until the alarms are inspected.
Mr. Harold 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 4:33 p.m.
Approved this ______ day of __________________ 2004.
_______________________________________________
James Larry Hall
Chairman
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department