MINUTES NOT VERBATIM
SANTA ROSA COUNTY BUILDING CODE
BOARD OF ADJUSTMENTS AND APPEALS MEETING
MINUTES
SEPTEMBER 10, 2003
The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held September 10, 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 Mr. Charles “Pete” Southerland, Chairman; Mr. Larry Hall, Vice-Chairman; Mr. Frank Harold, Mr. Jeff Ates, and Mr. Danny Holt.
Building Inspection Department staff in attendance was Mr. Tim Tolbert, Building Official; Mrs. Rhonda Royals, Building Department Coordinator; and Ms. Amy Allen, Permit Analyst.
Mr. Tom Dannheisser, County Attorney and Mr. Skip Tompkins, Field Superintendent were absent from the meeting.
Mr. Southerland, Chairman; called the meeting to order at 3:02 p.m.
Approval of Agenda:
There were no changes to the agenda. Mr. Harold made a motion to accept the agenda. Mr. Holt seconded the motion. The motion carried with an unanimous vote.
Approval of Minutes:
Mr. Holt made a motion to approve the minutes from the August 13, 2003 meeting. Mr. Hall seconded the motion. The motion carried with an unanimous vote.
Next Meeting:
The next regularly scheduled meeting is scheduled for Wednesday, October 8, 2003, at 3:00 p.m.
Melvin Burklow, President of Gulf Breeze Mini Warehouse Storage, Inc.
Mrs. Royals explained to the Board that Mr. Burklow has decided on an alternate method for construction. The Building Official is in agreement with the method. Mr. Tim Tolbert, Building Official explained the alternate method to the Board. Mr. Hall made a motion to dismiss the case with the stipulation that the Building Department review and approve the new method. Mr. Holt seconded the motion. The motion carried with an unanimous vote.
New Business (Probable Cause)
Robert D. Tyler VS Steven P. Sanfilippo d/b/a Anthony Homes, Inc.
Mrs. Royals briefly explained the case to the Board. The Building Department received the complaint on July 31, 2003 from Mr. Robert Tyler. Mr. Tyler contracted with Mr. Sanfilippo d/b/a Anthony Homes, Inc to do a remodel of the house and to construct a deck addition to his home. Randy Jones, Inspector III investigated this complaint. After the complaint had been investigated, it was determined that permits were needed however, they had not been obtained. Gas, plumbing and electrical work had also been done without any permits.
Randy Jones, Inspector III, was present to report the findings of his investigation. Mr. Tyler and his attorney Ms. Sanford met Mr. Jones at the jobsite and showed him the work Anthony Homes had completed. Mr. Jones used photographs from his investigation to explain to the Board the work that required permits.
A deck was added to the house which would have required a permit. The guardrail around the deck was non-compliant. Steps were added without the required handrail. All of the gas in house had been reworked. Electrical work had also been done in the house. The Building Department is uncertain which contractor did the electrical work. Minor plumbing was done: relocating showerheads, etc. Financial mismanagement is another complaint filed by Mr. Tyler. Mr. Tyler believes he has paid all of the money owed to Mr. Sanfilippo.
Mr. Hall and Mr. Jones discussed the fact that no permits were issued for any of the work done at Mr. Tyler’s home.
Ms. Yvonne Sanford, attorney representing Mr. Robert Tyler was in attendance to state her case. Webb Electric did the electrical work. Quigley Electric provided the fixtures. $155,000.00 was paid to Mr. Sanfilippo in cash, plus a $64,000.00 automobile for a total of $219,000.00.
Mr. Hall asked Ms. Sanford if a contract had been signed by either party. Ms. Sanford explained that an initial proposal was provided. A scope of work was also provided.
Mr. Harold and Ms. Sanford discussed the amount of money paid to Mr. Sanfilippo and the amount still owed to Mr. Sanfilippo.
Mr. Charles Young, representing Mr. Steven Sanfilippo was present to state his case. Mr. Young explained that there was not a signed contractor. Mr. Young explained that Mr. Sanfilippo did not pull a permit for the deck.
Mr. Young discussed the amount of money owed to Mr. Sanfilippo. Mr. Sanfilippo did develop a list of sub-contractors who are owed money. There are sub-contractors who have not been paid.
Mr. Young believed that the financial mismanagement complaint should be considered a civil disagreement. Mr. Young explained that the failure to obtain the necessary permits and the code violations should be only issues at question.
Mr. Harold and Mr. Young discussed the process of payment to the sub-contractors. Mr. Young explained to the Board that a pay application was not completed with this contract. The pay application would have indicated when the sub-contractors would have been paid.
The Board discussed the complaint of financial mismanagement. Ms. Sanford explained that the State Attorney’s office advised Mr. Tyler to file a complaint of financial mismanagement with Santa Rosa County.
Mr. Harold and Mr. Hall discussed with Ms. Sanford and Mr. Young that mediation or arbitration should be done before the Board can make a decision on the case. The Board will determine an action for the code violations.
Mrs. Royals explained to the Board that Jerry Champagne from the State Attorney’s office contacted her about the complaint. She explained that valid liens had been recorded which is a violation of county ordinance.
Ms. Sanford explained to the Board that all her client would like is a list showing how much money is owed for the work done. Mr. Young stated that Mr. Tyler was given spreadsheets showing the work that had been done and the amount of money paid.
Mr. Robert Tyler stated his case. Mr. Tyler stated that Anthony Homes did not pull permits which are a violation.
Mr. Tyler explained that some of the electrical work was being repaired by another contractor. Mr. Jones stated to the Board that the amount of electrical work completed is unclear.
Mr. Hall made a motion that sufficient evidence has been shown for code violations which need to be addressed at a formal hearing. Mr. Harold seconded the motion.
Mr. Tyler stated that he has contracted with another contractor to have the electrical repairs made. He does not want Mr. Sanfilippo to continue working on the project.
Mr. Harold and Mr. Tyler discussed the construction of the handrails around the newly constructed deck. Mr. Tyler stated that he did not know that the handrail was a code violation.
The motion carried with four ayes and 1 nay.
Mr. Hall made a motion to table the financial mismanagement complaint until mitigation had been conducted. Mr. Holt seconded the motion. The motion carries with an unanimous vote.
Mr. Holt made a motion to adjourn the meeting. Mr. Hall seconded the motion. The motion carried with an unanimous vote.
Mr. Southerland adjourned the meeting at 4:15 p.m.
Approved this ______ day of __________________ 2003.
_______________________________________________
Charles “Pete” Southerland
Chairman
Prepared by Amy Allen, Permit Analyst I
Santa Rosa County Building Inspection Department