MINUTES NOT VERBATIM

NOVEMBER 10, 2004

The regular meeting of the Santa Rosa County Building Code Board of Adjustments and Appeals was held November 10, 2004, at 3:00 p.m. in the conference room of the Santa Rosa County Building Inspection Department located at 6051 Old Bagdad Highway, 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 Mrs. Robyn Leverton, Office Assistant.

Mr. Tom Dannheisser, County Attorney, was also present for the meeting.

Mr. Larry Hall, Chairman, called the meeting to order at 3:03 p.m.

Approval of Agenda:

There was an amendment to the agenda; Mrs. Royals asked that #5, the Milstead VS Reve Development Corporation formal hearing, be moved to #7 and the other items be moved up consecutively. Mr. Southerland made a motion to accept the amended agenda. Mr. Harold seconded the motion. The motion carried with a unanimous vote.

Approval of Minutes:

Mr. Southerland made a motion to approve the minutes from the September 8, 2004 meeting. Mr. Blackman seconded the motion. The motion carried with a unanimous vote.

Next Meeting:

The next regularly scheduled meeting is Wednesday, December 8, 2004, at 3:00 p.m. in the Building Inspection Department Conference Room.

Old Business (Probable Cause)

Santa Rosa County VS James Ronnie Cawthon d/b/a Southland Pools

Mrs. Royals gave a brief history. Mr. James Ronnie Cawthon’s case has been presented to the Board several times for failure to call in the required inspections. Mrs. Royals recommends tabling the case an additional 30 days. According to the latest recap, Mr. Cawthon has two (2) permits that require final inspections. However, both of these homes obtained damage due to Hurricane Ivan and a postponement is requested.

Mr. Blackman made the motion to table the case until the next meeting. The motion was seconded by Mr. Holt. The motion carried with a unanimous vote.

New Business (License Reinstatement)

A discussion ensued regarding the procedures/ordinance for license reinstatements. Proof of active contracting must be shown in order for the Board to grant a reinstatement. If the Board grants a reinstatement, the contractor has to pay double the fees for each year their license lapsed. All contractors that are before the Board today have failed to renew their license with Santa Rosa County for more than five (5) years.

New Business (License Reinstatement)

Giovonni Demarcus d/b/a Demarcus Construction

Mr. Demarcus failed to appear; the Board took no action.

New Business (License Reinstatement)

Robert Stuck d/b/a Robert Stuck Construction, Inc.

Mr. Stuck was within the five (5) year period. The building department was able to review his application, proof of active contracting and continued education. Mr. Stuck’s license was issued by the building department prior to today’s meeting.

New Business (License Reinstatement)

William Poff d/b/a Poff Construction

Mr. Poff’s license has been inactive for six (6) years. He did not have proof of active contracting and will have to take the exam. The Board denied license reinstatement.

New Business (License Reinstatement)

C.R. Higdon d/b/a C R Higdon Developer, LLC

Mr. Higdon supplied a letter of reference from Mr. Mayo in Escambia County and says he can supply proof of active contracting.

Mrs. Royals gave the Board a brief update on Mr. Higdon. Mr. Higdon had a license in Santa Rosa County; purchased June 30, 1994. There was no renewal thereafter so it has been nine years since his license was active. There is a complaint (unlicensed contractor) of Mr. Higdon doing work in Santa Rosa County since the storm, i.e., Hurricane Ivan.

Randy Jones addressed the Board with information regarding the complaint. Two, five unit townhouses (10 units total) received proposals with C R Higdon Developer, LLC listed as the contractor, signed by Steve Fontaine. Ken Higdon, Mr. Higdon’s brother, has pulled the permits on these townhouses. Randy spoke with Ken Higdon today and determined that he is subcontracting to C R Higdon Dev., LLC. Any roofing subcontractor, working in Santa Rosa County, must be licensed in Santa Rosa County

Mr. Higdon addressed the Board again stating that he was subcontracting with Ken Higdon and that Ken Higdon had all the C R Higdon insurance verifications that were required.

Mr. Holt made a motion to reinstate Mr. Higdon’s license believing that this is an item that will clear itself once license is reinstated. Mr. Southerland seconded the motion. Chairman, Larry Hall, opened the table for discussion. Mr. Blackman stated that he would like to get issue cleared up prior to reinstating the license. He would like to postpone the item until the next meeting in order to allow Randy Jones additional time to investigate. The motion was voted on and turned down by the majority.

Mr. Southerland made a motion to issue a temporary license upon receipt of the signed affidavit and all the proper insurance paperwork to the Building Department. Once the temporary roofing license is issued the Board will grant him the reinstatement of his Building Contractor’s License. Mr. Holt seconded the motion. The motion passed unanimously.

New Business (License Reinstatement)

Harold Gaines d/b/a Harold Gaines

Mrs. Royals gave the Board a brief update on Mr. Gaines. Mr. Gaines provided letters of reference; he also provided copies of licenses from other counties. He didn’t provide permits pulled each year since his license expired however he is prepared to do so. Mr. Blackman made a motion to reinstate Mr. Gaines roofing license upon Mrs. Royal’s receipt of proof of active contracting. Mr. Holt seconded the motion. The motion passed unanimously.

Mr. Hall called for a break at 3:49 p.m.

Mr. Hall called the meeting back to order at 3:59 p.m.

The “Formal Hearing” portion of these minutes can be obtained verbatim due to a Court Reporter being present.

Old Business (Formal Hearing)

Norris Milstead VS Raymond Noel d/b/a Reve Development Corp.

Mrs. Royals briefly explained the case to the Board and read the charges against Raymond Noel d/b/a Reve Development Corporation. Allegations are based on a complaint filed by Mr. Norris Milstead against Mr. Raymond Noel for failure to obtain the necessary permissions and inspections on a foundation repair for his residence and for the construction of a rear porch of that same residence. There is an alleged violation of the Santa Rosa County Ordinance 2002-06, Section 16, paragraph 1 (d), and the 1994 Standard Building Code Section 1804.1.1 and section 105.6.

Mrs. Royals continued…previous testimony presented before the Board during several probable cause meetings dealt with the foundation repair on the SE corner of Mr. Milstead’s house. We completed the footing inspection just prior to a torrential rainstorm that undermined the foundation at that corner. Mr. Noel testified that he made foundation repairs without the proper inspection from our department. In addition, a rear porch was constructed without the required inspections.

Mr. Noel addressed the Board regarding the violations. He stated in reference to the footings, they had already been inspected prior to a rainstorm. When Mr. Noel was called there were concrete trucks ready to pour. On the back left corner where there had been some fill dirt, it had washed out; rebar was still in place. He took 2-2x12’s and framed up the corner and added extra rebar. No additional fill was used.

Mr. Blackman asked Mr. Noel is the footer was altered after the original inspection. Mr. Noel agreed that it was.

Mr. Noel referenced item two (2), the porch. The porch was not been permitted the way that it was actually built. It was permitted with the roof structure coming off the original building and sitting on a wood deck. It was changed from a wood deck to concrete with brick. Footings were dug and Mr. Noel was unsure if rebar was used. Mr. Noel admitted that neither the block nor the footings were inspected on the porch once it was changed from wood to cement.

A discussion ensured regarding soil boring tests and soil composition.

Mr. Hall reiterated to the Board that we are at a Formal Hearing to rule on the two violations listed. Mr. Harold made mention that Mr. Noel acknowledged the fact that the requirements of inspections and approvals were not met; therefore codes were violated.

Mr. Blackman asked whether both items can be voted on together or do they have to be separated and voted on individually. Mr. Dannheisser stated that either can be done. Mr. Blackman requested that both be voted on together.

Mr. Harold made a motion that the Board find the contractor guilty on both items. Mr. Blackman seconded the motion. The motion carried with a vote of four to one with Mr. Holt opposed.

Mr. Blackman made a motion to place a reprimand in the contractor’s file. The motion was seconded by Mr. Harold and passed four to one with Mr. Holt opposed.

Mr. Harold made a motion to adjourn the meeting. Mr. Blackman seconded the motion. The motion carried with a unanimous vote.

Mr. Hall adjourned the meeting at 4:32 p.m.