City ofs Sarasota Minutes ofthe Board of Rules and Appeal March 11, 2015 at 3:00 pm I. CALL MEETING TO ORDER The Board ofl Rules and Appeals meeting ofMarch 11, 2015 was called to order by Chairperson-Charlote Ryan at 3:00 p.m. in room 112, at the City of Sarasota, 1565 1st Street, Sarasota, FL: 34236. Board Present: Charlotte Ryan, Larry Luther, William Blough, Margie Smith, Ellen Berman, Mike Walker, Scott Crawford and Justin Bogli Board Absent: William Beauchamp, Karl Hees, Michael Epstein Public Present: None II. APPROVAL OF MINUTES The minutes oft the December 3, 2014 meeting were approved as submitted. III. PRELIMINARY HEARING: Mark King - Re: complaint filed October 24, 2014. A summary of hearing was addressed to the Board by City Attorney Joe Mladinich. Attorney Mladinich stated that this is something that normally is not heard by the Board of Rules and Appeals however, it is something that Larry Murphy has agreed to and the person making complaint Mark King has agreed to have this issue heard before the Board and that the Board vote on a decision made in reference to the complaint. Larry Murphy, Building Official imposed a triple penalty. The decision before the board: 1. To affirm the penalty in its entirety or in part. 2. To reverse the decision and decide not to impose any fee. 3. To leave triple fee penalty as imposed. Statement made by the complainant Mark King alleges a bias over charge for permit issued for work between 10/19/14 and 10/24/14. Statement made by the respondent Larry Murphy, Building Official said it was justified as per an amendment to the Florida Building Code 109.4 that says a person that begins work before getting a permit will be charged triple fee. On this case Larry Murphy decided to impose the triple fee. An extensive discussion was held where questions were asked by the Board to the Complainant Mark King and the Respondent Larry Murphy. Rebuttals were heard from both parties during this discussion. Both parties rest as to further discussion. Board Member Blough made a motion to uphold the City's charge. Board Member Walker seconded the motion. The Board was polled by Chairperson Ryan and by a unanimous vote the fine imposed will remain in place. IV. PRESENTATION OF TOPICS BY THE PUBLIC - None V. PRESENTATION OF TOPICS BY BOARD MEMBERS - Secretary Murphy discussed the new projected date for the Florida Building Code 5th edition will be June 30th or hopefully before that and copies are available at a fee of $464 for a complete set. Secretary Murphy also stated that there still is some talk of the possibility of the 2011 National Electrical Code rolling out during the same time frame. Secretary Murphy discussed the three additional personnel that have been hired and are now working in the field. He stated that each are very qualified with a wealth of experience. An extensive discussion was held regarding the restructuring oft the board. Secretary Murphy asked for direction from the board. A motion was made and seconded to direct staff to research the ability to amend the current ordinance pertaining to board makeup to include consumer members and lor licensed people outside of the city limits. The board was polled with a 6/2 vote to proceed. Board Members that were opposed expressed concern that this is a city board and if allowing people from outside of the city limits would be best. Also concern was raised regarding reducing the board members. Motion was amended to say specifically looking at the makeup of the board to include Sarasota County only. Secretary Murphy stated that he would be working with Attorney Mladinich regarding the current ordinance for the board and ifthe fact finding would support the restructure. An extensive discussion was also held regarding the ordinance for unlicensed and unpermitted work. Secretary Murphy stated that the fine system will allow any inspector working for the City of Sarasota the ability to issue a citation on site for unlicensed or unpermitted work. And that the citation process would run through the special magistrate. Discussion was also held regarding the contractor discipline. Secretary Murphy stated that if we maintain our current status as far as board makeup we would be able to do discipline of unregistered contractors. We could also, as a board be able to prepare a complaint to send to the state and it would carry more weight than a single signature on a complaint form going to DBPR. That means when they see we have met as Board on discipline for a state contractor that is operating outside of the perimeter ofhis license or doing things that obviously violations of statues then we can prepare that and send it to the state license people. VI. SCHEDULED MEETING The Board set the next meeting to be held on June 17, 2015. VII. ADJOURNMENT There being on more business to come before the Board, the meeting was adjourned by unanimous consent. luyl / Chaknk - Larry Murphy, Secrefy Charlotte Ryan, Chairperson