CITY OF SARASOTA MINUTES OF THE BOARD OF RULES AND APPEALS City Commission Chambers December 7, 2022, at 3:00 p.m. The following are the motion minutes of the Board of Rules and Appeals meeting held in the City Commission Chambers at City Hall, 1565 1st Street, on Wednesday, December 7, 2022. The meeting came to order at 3:00 p.m. All in attendance stood fori the Pledge of Allegiance. Mr. Murphy recited the Pledge of Civility for all in attendançe. Roll call was taken. BOARD MEMBERS PRESENT: Michael Walker, Chair; David Parrish, Vice Chair; Marcia Wood, BORA Member; Gregg Wall, BORA Member; David Parrish, BORA Member; Ryan Dalton, BORA Member; William Craig, BORA Member; Gilbert Weiner, BORA Member; Cindy Bresse, BORA Member; Cordell Van Nostrand, BORA Member BOARD MEMBERS ABSENT: Dale Lewis, BORA Member (the Board voted to excuse the absence); James Tille, BORA Member (the Board voted to excuse the absence) CITY STAFF PRESENT: Larry Murphy, Building Official, Development Services, and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services CITY STAFF ABSENT: Mike Taylor, Deputy Building Official LEGAL COUNSEL: Joe Mladinich, Assistant City Attorney APPROVAL OF THE MINUTES: The Seplember 7, 2022 meeting minutes were approved as submitted. Meeting dates for 2023 were confirmed (March 22"d, June 7th, September 6!, and December 6"). Mr. Walker welcomed the new Board Members. David Parrish's term as a Board of Rules and Appeals Member had expired. There was a supermajority vote to approve the extension of Mr. Parrish's term. (Walker yes; Dalton yes; Van Nostrand - yes; Craig - yes; Parrish - yes; Wall - yes; Weiner - yes; Bresse yes; Wood - yes) Michael Walker's term as a Board of Rules and Appeals Member had expired. There was a supermajority vote to approve the extension of Mr. Walker's term. (Walker - yes; Dalton - yes; Van Nostrand = yes; Craig - yes; Parrish - yes; Wall - yes; Weiner - yes; Bresse - yes; Wood - yes) Marcia Wood's term as a Board of Rules and Appeals Member had expired. Ms. Wood stated that she would not be extending her membership to the Board. APPEALS FROM THE FLORIDA BUILDING CODE: There were no appeals. PRESENTATION OF TOPICS BY THE PUBLIC: There were no presentations of topics by the public. PRESENTATION OF TOPICS BY BOARD MEMBERS: Mr. Murphy provided a brief recap related to information relevant to the City Ordinance. PRESENTATION OF TOPICS BY ADMINISTRATION OR CITY ATTORNEY: Mr. Mladinich stated that the City Commission voted not to proceed with changes to the ordinance that would facilitate contractor discipline by the Board of Rules and Appeals. Mr. Mladinich noted that the ordinance currently contains language to allow contractor discipline by the Board, but that the current language has not been updated with recent changes to the law, making contractor discipline an impractical procedure for the Board. Mr. Mladinich noted contemplation of a contractor certificate of competency and the scope of discipline as described in the ordinance, as issues with the current ordinance. Mr. Walker expressed his disappointment with the outcome of the City Commission Meeting and spoke of his investment of time serving on the Board of Rules and Appeals. DBPR and the Sarasota County Building Code Board of Adjustments and Appeals for contractor discipline were discussed. Mr. Mladinich noted that the City of Sarasota Board of Rules and Appeals has always had the power to discipline contractors but has never disciplined contractors. There was a brief discussion related to taking the issue back to the City Commission. Mr. Murphy stated that contractor discipline could not be taken to the City Commission again unless onc ofthe Commissioners with an abstaining vote decided to vote in favor. Mr. Walker noted his process in contacting the commissioners and there was a discussion regarding the possibility of asking the Sarasota County Building Code Board of Adjustments and Appeals to discipline contractors providing services within the City of Sarasota. The Board also discussed other avenues for contractor discipline. Mr. Mladinich provided a history related to Board of Rules and Appeals and contractor discipline. Mr. Murphy spoke to the importance oft the Board's function to hear and appeal decisions of the Building Official. Mr. Mladinich noted that contractor discipline is almost exclusively dealt with at the county level in the State of Florida, and a discussion related to whether the Board should discipline contractors ensued. Mr. Walker noted that Mayor Arroyo acknowledged that there is a problem with the lack of contractor discipline and that the Board would like to be instrumental in serving the need. Mr. Mladinich noted that, if the Board were able to proceed with contractor discipline, there would be a significant investment of time by the Board Members. Mr. Mladinich also noted the importance of continuity throughout the process of members to be present quorum to ensure due process. A discussion Page 2 continued related to the ways contractor discipline is typically carried out, the last City Commission meeting, the next approach to the City Commission, and the possibility of sending the City's contractor discipline to the Sarasota County Building Code Board of Adjustments and Appeals. Mr. Walker thanked Ms. Wood and Mr. Weiner for their time on the Board of Rules and Appeals and recognized their dedication to the Board. Mr. Weiner stated that he was undecided as to whether he would continue to serve. The Board had a brief discussion regarding the qualifications for members to serve on the Board and contractor discipline, and Ms. Wood spoke about her personal, negative experience with a contractor and shared her thoughts on the future of contractor discipline. ADJOURNMENT: The meetingadjourned. at 4:24 p.m. 3M - Dk Michael Walker, CHAIRPERSON Larry Murphy, SECRETARY OPBEHALF à 1 Page3