Building Board CITY OF PUNTA GORDA, FLORIDA SEPTEMBER 26, 2017, 9:00 AM CITY COUNCIL CHAMBERS - 326 W. MARION AVENUE, PUTNA GORDA FL 33950 NOTE: Anyone wishing to address the Council on any agenda item may do so at the appropriate time during the meeting. Those who choose to speak must state their name for the record. Each person will be allowed to speak once on each subject up to a maximum of three minutes. I. CALL TO ORDER/ANNOUNCEMENTS A. Roll Call B. Next Scheduled Meeting II. CITIZENS COMMENTS ON AGENDA ITEMS ONLY III. APPROVAL OF MINUTES A. August 22, 2017 IV. REPORTS V. NEW BUSINESS VI. VII. VIII. IX. A. False Alarm Appeal - Michael Warren B. Chapter 7 Revisions UNFINISHED BUSINESS A. Complaint filed against Norman Alexander - Norman Cardinale, qualifier STAFF COMMENTS COMMITTEE/BOARD COMMENTS CITIZENS' COMMENTS
X. ADJOURNMENT At meetings in which public hearings are reviewed, any member of the audience who wishes to speak will be recognized and heard. All persons must be sworn in prior to offering testimony. Comments may be limited to three minutes. The following motion format is recommended for use by an advisory board/committee in a quasi-judicial proceeding: Based on the evidence and testimony presented at this Public Hearing for Item #, I find that this request (is/is not) consistent with the City of Punta Gorda Comprehensive Plan and move that we recommend to the City Council (approval/approval with conditions/denial) of this request. If any person decides to appeal any decision made by this Advisory Board/Committee with respect to any matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public hearing is accessible to persons with disabilities. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-english speaking citizens, and any other special accommodations can be requested by contacting the Human Resources Manager/Non-Discrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose telephone number is (941) 575-3308, and whose email address is humres@pgorda.us, at least two (2) calendars days prior to the meeting.
BUILDING BOARD CITY OF PUNTA GORDA 9/26/2017 Print Approval of Minutes* Title: August 22, 2017 Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 8-22-17
BUILDING BOARD MEETING AUGUST 22, 2017 MEMBERS PRESENT: Brian Stirling, Acting Chairman Suzy Hackett, Robert Haynes, Jeffery Masters, Timothy Meyer, Thomas TJ Thornberry MEMBERS ABSENT: OTHERS PRESENT: Sean Howard Suzy Russell, License & Permit Supervisor Kelly Fernandez, Board Attorney John Smith, Plans Examiner Crystal Dicks, Peter Fisher, Norman Cardinale, Tim Washabaugh, Paul Chatten CALL TO ORDER/ANNOUNCEMENTS A. Roll Call B. Next Scheduled Meeting 1. September 26, 2017 CITIZENS COMMENTS ON AGENDA ITEMS ONLY - There were none. APPROVAL OF MINUTES A. Meeting of June 27, 2017 - Ms. Hackett MOVED, Mr. Meyer SECONDED approval of the June 27, 2017 minutes. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS - Recording Secretary Kelly swore in all participants. A. Complaint File against Norman Alexander - Norman Cardinale, Qualifier - Ms. Suzy Russell, License & Permit Supervisor, announced a complaint had been filed by Ms. Crystal Dicks regarding work done at Dream Spa, 117 Herald Court. She clarified no charges had been filed at this time, requesting the Board utilize their investigative authority to determine if charges should be filed for violation of Chapter 7, Punta Gorda Code, or the State Building Code. - Ms. Kelly Fernandez, Board Attorney, outlined hearing procedures, recommending the Board first hear from the complainant. - Ms. Dicks confirmed members had been provided with all applicable documentation, as delineated in the agenda material, including a Compact Disc with approximately 75 job site photographs, regarding construction of her business, Dream Spa, in the Herald Court Centre. She provided a detailed review of events dating back to October 2016,
as depicted in her written complaint provided in the agenda material, asserting she had lost her life savings. She expressed hope the Board would act to prevent this from happening to others. - Mr. Peter Fisher, attorney for Mr. Cardinale, expressed understanding of Ms. Dicks plight; however, he opined this was a civil dispute which should be resolved in the courts or through arbitration. He stated he did not feel Mr. Cardinale abandoned the job without legal excuse, adding there was no fraudulent or intentional disregard. He agreed his client made changes to Ms. Dicks plans; however, such changes were required by the City. He commented on the issue of air purification versus core drilling, stating the City s former Zoning Official advised core drilling would not be permitted. He noted another dispute arose regarding installation of a urinal and the subsequent loss of a room, explaining Mr. Cardinale was informed the urinal was required. He confirmed Mr. Cardinale had terminated the contract based on a legal, justifiable excuse, specifically unauthorized plumbing and electrical work was being performed. He reiterated all of the above constituted a civil dispute. - Mr. Cardinale stated he initially contracted with Ms. Dicks for build-out of the unit at Herald Court Centre at a cost of $170,000. He commented at length on the work he had performed, stating Ms. Dicks father, Mr. Tim Washabaugh, indicated he was an architect and would provide all the plans; however, the plans Mr. Washabaugh submitted were not approved by Florida Code, which required him to obtain the services of a certified Florida architect to ensure the plans were compliant with the law and the Americans with Disabilities Act (ADA). He provided a detailed review of events dating back to his initial meeting with Ms. Dicks, speaking at length on ADA compliance, change orders and air purification. He mentioned he had experienced some difficulty with the work ethic of certain relatives of Ms. Dicks who worked on the unit at her request, adding he had also observed an individual performing unlicensed electrical work, which he reported to the City the following day. He further noted he later discovered additional electrical as well as plumbing work had been done, adding he had before and after photographs of same. He stated holes had been cut and outlets added in the fire wall, adding wires had been run within that wall, and his electrician pulled out of the job due to the potential for liability. He explained he sought legal advice and was strongly urged to terminate the contract. He summarized he had telephone records attesting to his constant contact with Ms. Dicks and her associates throughout all of the above. He confirmed his work adhered to the plans approved by the City, contending there were no workmanship issues. - Mr. Washabaugh voiced disagreement with Mr. Cardinale s entire testimony. - 2 -
- Mr. Stirling acknowledged this was a civil matter; however, he understood the Board was obligated to respond to the complaint and determine if the Punta Gorda Code had been violated. - Ms. Fernandez agreed, explaining the Board must determine whether there was a preliminary basis to bring the case forward for an actual hearing relative to possible fraud or willful Building Code violations. - Mr. Fisher noted all inspections had passed, stating he did not believe an allegation had been made with regard to violation of the Florida Building Code. - Mr. Stirling stated the original design, a copy of which was provided in the agenda material, was not drafted by a licensed Florida architect, expressing confusion as to initiation of this job. He requested clarification of the identity of the architect of record for this job. - Mr. John Smith, Plans Examiner, replied the approved plans were done by Mr. W. T. Osborn of Osborn Sharp Associates (Osborn Sharp), a Sarasota, Florida, architectural firm. - Ms. Hackett asked if both restrooms in the plans were ADA compliant. - Mr. Smith stated prior to the submission of any plans, he met a number of times with Mr. Cardinale regarding this project, adding Mr. Cardinale provided drawings which were evidently drafted by Mr. Washabaugh; however, a different set of signed and sealed plans was submitted at the permitting stage. He confirmed Mr. Cardinale had been informed of the requirement for a urinal due to the occupant load per the State Building Code and the ADA mandates regarding same. He advised the plans submitted at the time of permitting were compliant except for the exhaust requirements for nail stations, stating he made a note on the plans and returned same to Mr. Cardinale. He acknowledged Mr. Randy Cole, Chief Building Official, overrode his decision on the urinal as well as the requirement for exhaust systems at each nail station, confirming Mr. Cole had the authority to do so. - Mr. Stirling asked if construction was performed in compliance with the permitted documents. - Mr. Smith expressed uncertainty regarding same as he did not perform the on-site inspections. He advised the following areas were signed off by City staff: framing; framing/plumbing; framing/air-conditioning; framing/electric; fire prevention; slab work. - Ms. Hackett questioned the date(s) of those inspections. - Mr. Smith replied a partial, plumbing rough-in inspection was conducted on January 23, 2017, the slab work inspection was done on February 10, 2017, and electric, - 3 -
plumbing, air-conditioning, building and fire prevention inspections were done approximately 11 days later. - Mr. Masters clarified the urinal was depicted on the submitted plans. - Mr. Stirling asked who retained Osborn Sharp. - Ms. Dicks replied Mr. Cardinale. - Mr. Thornberry asked Ms. Dicks if she approved the plans drawn up by Osborn Sharp. - Ms. Dicks replied Mr. Cardinale provided the plans to her as she was heading out of town, stating the plans had already been accepted by the City. She clarified she had not reviewed the plans nor seen the changes. - Mr. Thornberry commented there seemed to be a significant disconnect between the prints drafted by Mr. Washabaugh and those approved by the City, asking if a set of plans had been made a part of the contract between Ms. Docks and Mr. Cardinale. - Ms. Dicks replied in the negative. She clarified she had understood the plans submitted by Mr. Cardinale to the City were an exact replica of those drawn up by her father. - Mr. Stirling asked Ms. Dicks if she had signed/approved any change orders. - Ms. Dicks replied she had signed only the contract. - Mr. Stirling asked Ms. Dicks if she had ever engaged in or caused to engage any unlicensed electrical or plumbing work. - Ms. Dicks replied she had not. - Ms. Hackett commented Mr. Cardinale testified Ms. Dicks father and son-in-law had performed electrical and plumbing work. - Ms. Dick responded her son-in-law and brother moved plumbing and ran electrical lines at the direction of Mr. Cardinale who paid them cash on a daily basis. - Mr. Cardinale disputed same, presenting sworn affidavits from Mr. Donald Guynn, licensed plumber, and Mr. Kenneth Tyner, electrician, which stated unauthorized work was performed by unlicensed individuals without their knowledge. He clarified Ms. Dicks relatives were retained to do drywall work only. - Mr. Masters countered Ms. Dicks relatives should not have performed drywall work either. - Mr. Thornberry clarified her relatives had worked as unlicensed sub-contractors. He then commented on the disconnect between the original set of plans and those which were submitted to and approved by the City, asking Mr. Cardinale if his contract specifically provided him the authority to retain a Florida architect to draw up a new set of plans and/or make alterations to the original. - 4 -
- Mr. Cardinale responded Ms. Dicks provided him with a drawing from her father, adding the contract was executed based on same; however, Ms. Dicks advised her father would provide him with a certified drawing. He explained he discovered her father was not a licensed architect only upon submission of those drawings, after which he advised Ms. Dicks he would seek the services of Osborn Sharp. He confirmed he provided Ms. Dicks with the new plans on the day they became available. - Ms. Hackett asked if Ms. Dicks authorized Mr. Cardinale to proceed with permitting. - Mr. Cardinale replied affirmatively. - Mr. Stirling asked Mr. Cardinale if he possessed any signed change orders. - Mr. Cardinale replied he submitted two change orders to Ms. Dicks, neither of which were signed. - Mr. Stirling clarified all sub-contractors and suppliers had been paid, asking if lien releases were provided. - Mr. Cardinale replied in the negative. - Mr. Stirling asked if a Notice to Owner was provided. - Mr. Cardinale expressed uncertainty regarding same. - Mr. Stirling clarified a Notice of Commencement was not required as the Herald Court Centre was owned by the City. He confirmed nothing had been withheld from any of the payments made to Mr. Cardinale. He asked Mr. Cardinale if he had retained an expert to attest to workmanship and to adherence to the submitted plans. - Mr. Cardinale replied Florida Energy Water and Air performed the calculations for the amount of air conditioning needed. - Mr. Stirling asked if any sub-contractors had been retained other than electrical and plumbing. - Mr. Cardinale replied affirmatively, stating Aladdin Air Conditioning and Heating had been retained, and Space Coast Fire & Safety was contracted for sprinkler work. - Discussion ensued with regard to construction requirements specific to build-out of the units at the Herald Court Centre. - Mr. Paul Chatten stated he was Ms. Dicks son-in-law, advising Mr. Cardinale hired him to perform drywall work; however, the unit was not in the proper condition for same. He asserted he had not performed any electrical work but rather had only tried to help the electrician, adding only minor plumbing work was done. - Mr. Fisher reiterated he did not feel any finding of defective work was relevant, stating he understood the Board must determine if Mr. Cardinale intentionally or fraudulently disregarded the complainant s plans, which he did not feel had been proven. - 5 -
- Ms. Fernandez advised the Board s duty this date was to determine whether sufficient evidence had been presented to move the case forward. - Ms. Hackett MOVED, Mr. Thornberry SECONDED to close the public hearing. MOTION CARRIED UNANIMOUSLY. - Mr. Stirling stated he wished to see all of the permitting documents, drawings and inspection records. - Mr. Masters commented he would like to question the three mechanical contractors. - Mr. Thornberry noted the contractors had provided sworn affidavits. - Mr. Haynes expressed the desire for additional information as well; however, he noted the testimony provided this date indicated this was a contractual, civil issue with the exception of unlicensed contractors. - Mr. Masters MOVED, Ms. Hackett SECONDED to find a prima facie case had been established with regard to willful violation of the Building Code. MOTION CARRIED UNANIMOUSLY. - Mr. Stirling requested a copy of the entire permit file and a comprehensive inspection and report on the status of the job site in relation to the permitted documents. COMMITTEE/BOARD COMMENTS - Ms. Russell announced former member Mr. Elias Mahshie had served as the Board s Vice Chairman, requesting the Board take action to appoint a new Vice Chairman. - Mr. Stirling NOMINATED Mr. Masters for Vice Chairman. - As there were no other nominations, Mr. Masters was appointed Vice Chairman by acclamation. ADJOURNMENT - Meeting Adjourned: 10:49 a.m. Mary Kelly, Recording Secretary Brian Stirling, Acting Chairman - 6 -
BUILDING BOARD CITY OF PUNTA GORDA 9/26/2017 Print New Business* Title: Funds: Recommended Action: Summary: Department/Division: False Alarm Appeal - Michael Warren Board's discretion Mr. Warren wishes to appeal the false alarms from July 4th and July 18th, 2017. He has no fines due as these were his first and second false alarms. EXHIBITS: 1. M Warren
BUILDING BOARD CITY OF PUNTA GORDA 9/26/2017 Print New Business* Title: Funds: Recommended Action: Summary: Department/Division: Chapter 7 Revisions EXHIBITS: 1. Chapter 7
BUILDING BOARD CITY OF PUNTA GORDA 9/26/2017 Print Unfinished Business* Title: Funds: Recommended Action: Summary: Department/Division: Complaint filed against Norman Alexander - Norman Cardinale, qualifier One year probation. Report Board's decision to the State of Florida Dept. of Business and Professional Regulation and Florida Financial Services, Division of Workers' Compensation. Building EXHIBITS: 1. Norman Alexander