Building Board CITY OF PUNTA GORDA, FLORIDA OCTOBER 24, 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 II. III. IV. A. Roll Call B. Next Scheduled Meeting CITIZENS COMMENTS ON AGENDA ITEMS ONLY APPROVAL OF MINUTES A. August 22, 2017 B. September 26, 2017 REPORTS V. NEW BUSINESS VI. VII. VIII. IX. A. Complaint & Violation - Quality Control Air Inc., Jonathan Chaviano, qualifier UNFINISHED BUSINESS 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 10/24/2017 Print Approval of Minutes* Title: August 22, 2017 Funds: Recommended Action: Summary: Department/Division: EXHIBITS: No Exhibits Available
BUILDING BOARD CITY OF PUNTA GORDA 10/24/2017 Print Approval of Minutes* Title: September 26, 2017 Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 09-26-17 Minutes
BUILDING BOARD MEETING SEPTEMBER 26, 2017 MEMBERS PRESENT: Sean Howard, Chairman Charles Brox, Suzy Hackett, Robert Haynes, Jeffery Masters, Thomas TJ Thornberry MEMBERS ABSENT: Timothy Meyer, Brian Stirling OTHERS PRESENT: Randy Cole, Chief Building Official David Jackson, Acting Board Attorney Suzy Russell, License & Permit Supervisor Michael Warren, Crystal Dicks, Peter Fisher, Norman Cardinale CALL TO ORDER/ANNOUNCEMENTS A. Roll Call B. Next Scheduled Meeting 1. October 24, 2017 CITIZENS COMMENTS ON AGENDA ITEMS ONLY - There were none. APPROVAL OF MINUTES A. Meeting of August 22, 2017 - Mr. Masters recalled during the Board s previous meeting, Mr. Norman Cardinale, respondent, stated on two separate occasions that he had not hired Mr. Paul Chatten; however, later in the meeting, Mr. Cardinale admitted to doing so, adding he also acknowledged it was wrongful. - Recording Secretary Kelly advised the minutes were a summary intended to capture the spirit and intent of the meeting, stating she would listen to the recording in an attempt to locate Mr. Cardinale s statements. - Ms. Hackett MOVED, Mr. Brox SECONDED to table approval of the August 22, 2017 minutes to the Board s next meeting. MOTION CARRIED UNANIMOUSLY. REPORTS - Mr. Randy Cole, Chief Building Official, announced a brief damage assessment following the recent hurricane did not reveal any notable structural damage suffered by the City.
NEW BUSINESS - Recording Secretary Kelly swore in all participants. A. False Alarm Appeal - Michael Warren - Mr. Howard clarified there had been two false alarms; thus, no fee had been assessed. - Mr. Michael Warren, appellant, stated a new hire had called for dispatch from the Police Department in error. He noted the July 4, 2017, alarm was valid in that he requested a Police Department dispatch when contacted by his security company, while the July 8, 2017, incident arose as he had been forced to enter through an instant alarm door. He explained he contacted the alarm company ahead of time to provide his password and to request no Police Department dispatch; however, the Police Department still responded. - Mr. Howard stated the Board was limited in what could be considered in a false alarm appeal, adding human error was not a valid reason. - Mr. Warren asserted the property owner should not be held responsible but rather the security company who requested a Police Department dispatch. - Mr. Howard recommended Mr. Warren change his alarm set-up to include a 30-second delay to allow time to contact the security company and prevent the Police Department from being dispatched. He clarified a $50 fine would be imposed for a third false alarm. He reiterated the Board did not have the authority to grant an appeal based on malfunction and/or human error. - Mr. Thornberry MOVED, Mr. Haynes SECONDED to deny the appeal based on failure to meet the criteria. MOTION CARRIED UNANIMOUSLY. B. Chapter 7 Revisions - Mr. Cole drew members attention to a proposed draft of Chapter 7, Punta Gorda Code, noting revisions and deletions were underlined and crossed out, respectively. He asked members to provide their input by electronic mail in the interest of time. He explained the final revisions would eventually be presented to City Council for first and second readings and final approval. - Consensus of the Board was agreement with staff s request. UNFINISHED BUSINESS A. Complaint Filed against Norman Alexander - Norman Cardinale, Qualifier - Mr. Cole reminded members of the testimony and evidence presented at the Board s previous meeting, as delineated in the August 22, 2017 meeting minutes provided in the agenda material, recommending the qualifier, Mr. Norman Cardinale, be placed on probation for a period of one year for hiring an unlicensed contractor. - 2 -
- Mr. Howard commented this appeared to be a civil case outside of the alleged violation. - Mr. David Jackson, Acting Board Attorney, reminded members their scope was limited to the one charge contained in the Notice of Violation. - Ms. Crystal Dicks, complainant, stated her son-in-law, Mr. Chatten, and her brother, Mr. Gary Purdue, were brought in from Kentucky to perform the drywall work, acknowledging neither were licensed in Florida. She maintained Messrs. Chatten and Purdue were unable to complete the drywall work as they were not paid in full to do so, adding Mr. Cardinale subsequently approached Mr. Chatten to perform other duties beyond drywall. She explained different areas of the salon were not built according to the approved blueprints, which she brought to Mr. Cole s attention, stating Mr. Cardinale requested her son-in-law and brother perform the corrective work, including relocating and removing walls and relocating plumbing and electric. She noted Messrs. Chatten and Purdue were paid in cash daily the majority of the time. - Mr. Brox clarified the issue of a non-licensed architect, as discussed at the previous meeting, was not relevant to this discussion. - Mr. Masters confirmed Ms. Dicks relatives had never been licensed in Florida. - Ms. Hackett clarified they were also not licensed in Kentucky. - Ms. Dicks stated she had been unaware of the licensing requirement for drywall, adding she also had not realized minor plumbing and electrical work required a license. - Mr. Thornberry noted both the licensed plumber and licensed electrician removed themselves from the job due to the unlicensed activity. - Mr. Brox asked who was ultimately responsible. - Mr. Cole replied the contractor. - Mr. Howard asked if permitting could be done by an owner/builder. - Mr. Cole replied only if the owner owned the building, and the work was intended for the owner s use. - Mr. Howard questioned the responsibilities of a contractor who allowed unlicensed activity and the unlicensed persons themselves. - Mr. Cole replied both violated State Statute. - Mr. Peter Fisher, qualifier s attorney, acknowledged Mr. Cardinale s violation of unpermitted work, stated his client intended to retain Messrs. Chatten and Purdue as employees of his company; however, that did not come to pass. He requested the Board s leniency when considering a penalty, pointing out staff recommended probation as did Florida Administrative Code. - 3 -
- Mr. Howard pointed out Mr. Cardinale could have called the licensed electrician and plumber to make those changes. - Mr. Fisher countered Mr. Cardinale adamantly denied authorizing Ms. Dicks relatives to perform any plumbing or electrical work, adding he utilized that fact as the basis for termination of his contract with Ms. Dicks. - Mr. Cardinale stated Ms. Dicks asked him to give her relatives a job as they wished to move to the area, adding he hired Mr. Chatten to install drywall, which he did extremely well; however, it had proven difficult for Mr. Chatten to work a full week. He asserted he absolutely did not ask either individual to perform electrical work. He advised he came upon Ms. Dicks, Mr. Chatten and another individual performing electrical work, ordered them to stop and immediately reported same to Mr. John Smith, Plans Examiner, adding he later observed plumbing work which had not been done by the licensed plumber working on this project. - Mr. Haynes asked Mr. Cardinale if he had been on-site on a daily basis. - Mr. Cardinale replied he had supervised work on-site almost every day. - Mr. Masters expressed surprise at the amount of electrical and plumbing work accomplished by Messrs. Chatten and Purdue in light of Mr. Cardinale being on-site so often. - Mr. Cardinale stated adequate lighting existed for work to have been done in the evenings. He refuted Ms. Dicks testimony with regard to paying Mr. Chatten in cash, offering copies of six cancelled checks indicating otherwise. - Mr. Thornberry noted Ms. Dicks had been directed to re-install a certain amount of tile, opining same could be taken to include the associated electrical and plumbing work. - Mr. Cardinale disagreed. - Mr. Brox commented it was difficult to determine who had been in control of this project. - Mr. Brox MOVED, Ms. Hackett SECONDED to find Mr. Norman Cardinale, Qualifier for Norman Alexander, guilty of violation of Florida Statute 489.129(1)(d), to place the qualifier on probation for a period of one year and to direct staff to report same to the Department of Business & Professional Regulation and Florida Financial Services, Division of Workers Compensation. MOTION CARRIED UNANIMOUSLY. COMMITTEE/BOARD COMMENTS - Lengthy discussion ensued with regard to the City-wide response to Hurricane Irma at the beginning of September 2017. - 4 -
- Meeting Adjourned: 10:14 a.m. ADJOURNMENT Mary Kelly, Recording Secretary Sean Howard, Chairman - 5 -
BUILDING BOARD CITY OF PUNTA GORDA 10/24/2017 Print New Business* Title: Funds: Recommended Action: Summary: Department/Division: Complaint & Violation - Quality Control Air Inc., Jonathan Chaviano, qualifier Homeowner alleges that Quality Control Air, Inc. did not diagnose the problem with his air conditioning system, adding that they attempted to sell him a new system. After calling Kobie Complete, homeowner had his a/c problem corrected at a cost of $162.00. The tech from Kobie Complete also stated that it did not look like the system had been serviced, but Quality Control Air, Inc. had been there in May of 2017 for service. EXHIBITS: 1. Quality Control Air Inc.