BROWARD COUNTY
Board of Rules & Appeals
One North University Drive, Suite 3500-B, Plantation, Florida 33324
Phone (954) 765-4500 Fax: (954) 765-4504
http://www.broward.org/codeappeals.htm
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BOARD OF RULES AND APPEALS
January 14, 2010
Meeting Minutes
Call to order:
A published meeting of the Broward County Board of Rules and Appeals was called to order by Chair Gary Elzweig at 7:01 p.m.
Roll Call
Ron Burr
John Famularo
Steve Kastner – Vice Chair
Albert Korelishn
Allan Kozich
Jay Shechter
John Sims
John R. Smith
Dave Tringo
Abbas Zackria
Henry Zibman
Gary Elzweig – Chair
The presence of a quorum was established.
Approval of Minutes
The Chair asked for a motion to approve the minutes. Mr. Kozich moved to approve the November 12, 2009 board meeting minutes. This motion was duly seconded by Mr. Korelishn.
THE MOTION CARRIED UNANIMOUSLY, 12 to 0.
CONSENT AGENDA
1a. Certifications
Mr. DiPietro brought to the Board’s attention the addition of Kevin Chriswisser, Fire Inspector, and David Moss, Fire Inspector, both from the City of Pembroke Pines, and William Taylor, Electrical Plans Examiner/Inspector for the City of Pembroke Pines. The back-up materials had been sent to Board members via email.
The Chair asked for a motion. Mr. Kozich moved to approve the certifications and was duly seconded by Mr. Zibman.
THE MOTION CARRIED UNANIMOUSLY, 12 to 0.
REGULAR AGENDA
1b. Special Certification Issues Concerning the City of Plantation
Presentation by Rusty Carroll - Chief Structural Code Compliance Officer. Mr. Carroll proceeded to address the Board, and explained about Broward County Certification. “The voters of Broward County placed our certification requirements into the Broward County Charter. Broward County is a charter run government. That’s the responsibility this board has. Both city issues are similar. Building Officials, chiefs, etc. are certified on a two year/biennial basis. To be certified for the year 2010-2011, all building officials, chiefs, etc. have to submit paperwork, current license, obtain mandatory educational points, etc. During the process of recertification, staff picked up the fact that Bill Gale had been working since March of 2008 till December of last year without being certified; he performed building inspections, but predominately plan review. That’s a violation of the Broward County Administrative Code and Board Policy 06-06, and various Broward County Administrative Provisions as detailed in your packet. Building Officials can only assign duties and responsibilities to a certified individual. Policy places the responsibility on every chief inspector to verify inspector’s credentials before assigning the duties to that person. Staff notified the Building Official and requested that the Building Official propose a resolution to this issue. Jeff Sabouri responded that he worked with the director. The parties came up with a mutual agreement on how to resolve the situation. Typically, this would go to the Probable Cause Committee. The purpose of the placement of this item on tonight’s agenda is to try to mitigate and get Mr. Gale certified tonight, in lieu of a Probable Cause Hearing. One part of the proposal is an internal audit proposed by Mr. Sabouri, not proposed by staff. During this process staff was in contact with legal counsel. Counsel advised staff that the Board has no authority to retroactively certify anyone.” Chair asked if those were the attorney’s words and thought that the code was silent on it. Board Attorney, Mr. Russell White responded that he doesn’t see it as being a legal step the Board could take; he doesn’t see that the Board has the power to do it. Mr. Carroll reiterated that Mr. Gale is certifiable, and that he has years of experience. His continuing education is up to date. He is current and could be certified. The proposal is satisfactory to both the city and staff
Discussion
Mr. Tringo “do you feel the audit is necessary?” “This would be a substantial expense.” What is your opinion? Rusty – “If we don’t take some type of action, why should anyone get certified?”
The Chairman stated that he is concerned for the homeowner and stated the following: that this is an administrative oversight. Chairman: “Rusty, three questions, “Was this individual not qualified to be certified? Mr. Carroll: No, he was qualified. Chairman: “Do you have any reason to believe that the work he performed for the City of Plantation or the City of Sunrise was any less professional than the services he provided before and after this lapse? Rusty: “No.” Chairman: “Was this just an administrative screw-up or was there a technical nature to it? Rusty: “I’m not too sure what the word administrative means.” Chairman: “There was no deficiency in his qualifications, he didn’t lack CEU’s?” Rusty: “Any other deficiencies other than our certification? Chairman: “Right” Rusty: “No.” Chairman: “O.K.”
Chairman called on the Building Official of Plantation; Mr. Sabouri came to the podium. Do you have any reason to believe that when Mr. Gale was doing these plan reviews he was acting in a substandard way? Mr. Sabouri: “No, I don’t, Mr. Chairman.” Chairman: “Do you have any reason to believe of serious consequence that would mandate having to audit 500 sets of plans or 500 inspections?” Mr. Sabouri: “No, Mr. Chairman.” Chairman: “O.K. Thank you, Mr. Sabouri.”
Discussion
Albert Korelishn inquired about going to Probable Cause and review due diligence more thoroughly.
Dave Tringo said that the individuals have suffered enough, noting that there have been financial adjustments to their pay.
Chairman sited the option to accept the settlement with a modification they do not conduct an audit, the audit is at the discretion of the building official, the size of the audit, and that it’s an internal audit. It does not go out to a third party.
Chairman asked Mary Langley to address the Board.
Mary Langley, Building Official for the City of Sunrise – “This was an administrative error. The paperwork was completed; we did not forward it to the Board of Rules and Appeals for review and certification. Mr. Tyson has been previously certified by the Board of Rules and Appeals for the city of Sunrise, Margate and Coral Springs. He is a very competent inspector. I don’t foresee a problem with going back and looking at and auditing his inspections, because he is competent, but it would be problematic if we had to start going into people’s homes, and asking them questions and – that may be a little uncomfortable.”
Chairman: “Mary, do you have any reason to believe that out of those 5,000 inspections there was gross negligence or that your inspector was not qualified to do those inspections during that time frame?” Ms. Langley: “No, sir.” Chairman: “Do you see a problem with having the County come and audit those 5,000 inspections?” Ms. Langley: “The only problem would be the monetary issue.” Chairman: “O.K. and how about the disruption to the homeowners?” Ms. Langley: “That would be a problem, as well.”
Mr. Kozich made a Motion to table Item 1b; the Motion was seconded by Mr. Korelishn.
Roll Call on tabling:
Mr. Chairman – No
Mr. Zibman – No
Mr. Zackria – Yes
Mr. Tringo – No
Mr. Smith – No
Mr. Sims – No
Mr. Shechter – No
Mr. Kozich – Yes
Mr. Korelishn yes
Mr. Kastner – No
Mr. Famularo – No
Mr. Burr - No
THE MOTION FAILED, 9 TO 3.
Mr. Tringo made a Motion to accept the recommendation with the exclusion of the audit, Mr. John Smith seconded the Motion.
On the Motion the Director clarified the intent – go to page 2, 2a. Mr. Sabouri and Mr. Attah would do the internal audit. – Note: (keeps 1-6 intact, take away re-review, do away with the affidavit, and the Building Official has discretion and authority to audit.
Chair – So we have a motion on the table to accept the stipulated settlement, with the exclusion of the re-review provision understanding that the Building Official still has the discretion and the authority to do whatever audit or re-reviews they feel are appropriate within their jurisdiction.
Roll Call:
Mr. Burr – Yes
Famularo – Yes
Mr. Kastner – Yes
Mr. Korelishn – No
Mr. Kozich –Yes
Mr. Shechter – No
Mr. Sims –Yes
Mr. Smith –Yes
Mr. Tringo –Yes
Mr. Zackria –Yes
Mr. Zibman –Yes
Mr. Chairman – Yes
THE MOTION PASSED, 10 – 2.
Chairman entertained a Motion for recertification on a permanent basis or for this cycle for Mr. Gale for plans examiner & inspector. Moved by Mr. Kozich and seconded by Mr. Korelishn.
Show of hands – THE MOTION CARRIED UNANIMOUSLY, 12 TO 0.
1c. Special Certification Issues Concerning the City of Sunrise
Motion was made by Mr. Zibman to accept the stipulated settlement with the exclusion of the audit. The Motion was seconded by Mr. Tringo.
Roll Call:
Mr. Chairman - Yes
Mr. Zibman – Yes
Mr. Zackria – Yes
Mr. Tringo – Yes
Mr. Smith – Yes
Mr. Sims – Yes
Mr. Shechter – No
Mr. Kozich – Yes
Mr. Korelishn – No
Mr. Kastner – Yes
Mr. Famularo – Yes
Mr. Burr – Yes
THE MOTION PASSED, 10 TO 2.
Mr. Kozich moved on a Motion to reinstate Mr. Tyson’s recertification. The Motion was seconded by Mr. Tringo.
Show of hands – THE MOTION CARRIED UNANIMOUSLY, 12 TO 0.
2. Emergency Escape and Ad Hoc Committee Report and Recommendation, Staff Recommendation to Authorize a Request to the Florida Building Commission for an Amendment to the State Building Code (tabled from November 12, 2009 meeting
Presented by the Director – Jim DiPietro. This has to do with proposing an amendment for the State code, not a local amendment at this time. The Emergency Escape and Ad Hoc Committee have reviewed this, and the window to submit a proposal to the State ends in March 2010. We can come back at a later date, if necessary, for a local code change. There is County interest in the water tower issues. We can only issue local amendments every 6 months, and therefore, we think the way to proceed, on the emergency escape recommendation, is to go to the state and try to put it into the State Code.
Motion was made by Mr. John Smith to accept the recommendation, and was seconded by Mr. Korelishn.
THE MOTION CARRIED UNANIMOUSLY, 12 TO 0.
3. Code Compliance Officer Permanent Overnight Vehicle Assignment
This is a 30 year history item that the Director summarized. The County has done away with out of County vehicles 100%. For the few in-County that remain, the employees are being charged so much per paycheck. We propose a fee of $1,560 per year for new employees; the County could then change this fee by giving the employees six months notice. If we would hire a new person tomorrow, they would accept that cost or they would drive their own cars to work. This new Board policy, if approved, expands and amends your program adopted in 2005 not allowing take-home cars for new hires outside of Broward County.
The second recommendation is that the County exempts our current employees from the fee. Reasons include that I have verified with Miami-Dade County that they will continue with County provided take-home cars. Our seven employees have 125 years of combined County experience. Finally, six of the seven are in their 60’s. We believe it is not appropriate to remove this benefit for current employees given these facts.
Mr. Zibman made a Motion to approve and was seconded by Mr. Korelishn.
Roll call:
Mr. Burr – Yes
Mr. Famularo – Yes
Mr. Kastner – Yes
Mr. Korelishn – Yes
Mr. Kozich – Yes
Mr. Shechter – Yes
Mr. Sims – Yes
Mr. Smith – Yes
Mr. Tringo – Yes
Mr. Zibman – Yes
Mr. Chairman – Yes
THE MOTION CARRIED UNANIMOUSLY, 12 TO 0.
4. Director’s Report
Mr. DiPietro informed the Board members who have CD- ROMs for the building code that it’s going to be February before the International Code Council updates the CD-ROM’s to include the amendments.
For green activities the County is very active as is the State of Florida Building Commission. We have several of our people on committees. Rusty is on the main committee. Mr. DiPietro noted that green topics are going to increase in the near future.
5. General Discussion
6. Board Nominations and Election of 2010 Chair and Vice-Chair, effective January 14, 2010
Mr. Zibman made a Motion to nominate Steve Kastner as Chair and Jay Shechter as Vice-Chair. The Motion was duly seconded by Mr. Kozich.
THE MOTION CARRIED UNANIMOUSLY, 12 TO 0.
The Chair, Steve Kastner, presented a plaque to Gary Elzweig in recognition of his service as Chair on the Board of Rules and Appeals for the year 2009.
Adjournment
There being no further business to go before the board; Mr. Zibman moved to adjourn, and was seconded by Mr. Kozich. The meeting adjourned at 7:46 p.m.
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Steve Kastner - Chair
Minutes – January 14, 2010 Page 7 of 7