CCMtg10-22-85SPIDN,~ CITY CJMMISSION
aCtr>AeA 22, 1985
Fresent: Mayor Snerilson
DePaYor Coldnerg
Co~miisaione[ Faulkner
Conmr
Conma i nyermann
Greg Maru~ing, City Adtnini rator
Wnald Te[[y, City Clerk st
1. Mayne Smzrilson called a special me ring t order at 8:30 P.M. t nsidec cortgnlaints,
' allegations and ~rfoemwce of duty of Mr. A. A. "Bad" Hcyant, [ongweod Building Official.
2. Mr. Manning .asked that the [em[d reflect that it was the Ci[y P.atninist[ato[ win
r<[~;eseaa ue special np ing t mnarmr me sq~¢laints wa allegations m mi,g Mr.
Hryant inseeaa of Mr. erya~c.
3. 1+,3yb[ 9rerilson stated that anyone desiring to slxak would be given an opportwity to
do so.
4. Mr. Manning stated that during the previous neetinq, Mr. Bryant said he o~y had
responsibility for the building. Nanvnirg read excerpts flan the City Cede and t[mi
the Southern Standard Huilding CeaeMwnicn governs the sped tic duties and cespomibilities
of the Building Official.
Cuticle 309.9 - Plot Diagram (soutnem Starda[d Brilding Coae)
^, "TTe Wilding Official shall require dcawiiigs showing the: 1'ocation of the proposed
building or strutture and o£ every existing nuilding o[ structure on [tie 'site o[ lot. Pe
Hey also require a toundary line survey, if necessary, prepared by a qualified surveyor."
Article 305.6 - r:Xamination of Drawing (Southern Standard Wilding Code)
"(a) Tae Building Official shall exam se to be a amined each application for
pe raut and the drawing avid conq[utatiorrs filed therewith andx shall certain by such
examira cons c
whethe[ the mnstruttion indiratedand described is in a mcdance with the
regain is of this mrle and atl other pertinent laws or ordinances."
Article 106 - Permits (SOUtnem Sa~acd Huildiny code) ~ "-"
"(c) If the application for a permit wa the drawings filed [Herewith describe wrk
wnicn does n rontorm to ene reguirecents of this mad o oenar pertinent laws
oe r or
orainw ene B,Ela goffioialanall rssue a pa t; nut shazl- tarn ene arawi~s
'~ to en applicairt w n n 'retwal such. pe ie. seen fnsaz anazl, when
' req~estea, be ;n writing and anall contain end reason tneretor.^ - - '~
Article 106.1 -conditions of me Panaie tsoutnam standard enilaing code)
"The Building Official shall act upon an application Eor a permit with plans az
filed, o as a wed, without w ason~able o[ unn sary delay. A permit issued shall be
trued to be a license to proceed with the wrk and snail not be m tined as authority
~, nviolate, cancel, alter, o se aside any of the provisions of this wde, nor shall such
o£ a permit p[event me B:ildirg official fran thereafter rcyuiring a mrr
issuance ec[ion
of errors in plans or in mristmaion, or of violations of this cede.......'
n,r. Maev.i+g read the following e cerpts Errnn [he City
"The Ci[y F4:ildino Official o other designated DLfici3: of tha City shall admu;iste',,
these regulaticevs under the direction Df the City Crmiussion.
Mr. Manning read Section 006 NMinistration, of the Iandscap: Code.
"806.1 The City e.; ilding Official o[ other designated official of the City ..;hall
administer these regulations ueder the direction of me City Cmimission."
Mr. Mannin9said the' Oeilding Official haz resg~nsibility tlwt d[ainage
mnq~leted a cording t site plan. Mamirgssaid the IAeilding
Officialn mould not give a Certificate of (kcuHncY until afte[ all Cepartments Mve
signed - ofEand given approval-Eo['a[eas of the sr e plan following'uruler their o£
[ arena'
Bryant ask d [hat Mr. Manning read Article 109 of the Bouthern Staevla[d Building Code
which-descrines what a'Certifiwte'oP OCCV[uncy is. "M[. Marueing read Article 1D9 of the
Southern Btandacd euilding Code. '
"1D9.1 - cfien Raloi[ed. Anew building snail not be occupied or a efiarge be made in
occupancy oc the nature of the use of a building wtil after the euildieg Official shall
nave nuns ci£icace o£ occupancy rnerefor. Baia ce tificace anazl not be resaea
until all requi[edrfire pxotactlon systems have been testes and approved."
"109.2 - Contents of CeRificate. t¢wn ccnpletion of a building fiereafter erected in 1
mrdance with approved plans, and after the final inspection herein referred to, and
upon application therefor, the Building Official snap i ectificate of cupancy
statieg the estate of the occup ncy pe[mitte3, CAe nuvbe[sof persons for each floor wnsn
limited by law, the allowable load pet square foot Eor each'floor'in accordance with the
provisions Df this mde."
M[. Manning stated that ehe ®ailding Official does not ~awR.ec to the City Administrator.
Mayo[ 9miilson said runt ands[ Florida Statutes,-"only the City Cgmvssion has autho[ity
to appoint the Orilding Official. M[..lerry Oavis'~'forne[-building inspector for the City
of Inngwott3, said the head of the Building De~rbre t is ttre wilding Official.
Conmdssioner Myers"'asked tna[ job description focthe Building Official be rem."The City
Cterk read tt;e follDwir;g job description:
"SOB DF~tIPBION BUSIDITG U~`FICW.
Inspects'-b xldxngs, 'plumbing 'and elett icalinstallaciorrs and orbs[ st[uctu[es in Che
process"6f construction; alteration n aroval'; `-and-bn crnpletion;'fdr. m;plianca' with
rr
-building; plumbing; "zoning;'"right=of-way"and- other applicable -ordinances-"and for
conformity wiN approved plans and-permits. - - ''
Advises and w~e[s with building mnt[acto[s, Begin ens, architects and others rcyarding
building construction and ordinances.
s plans, sketches, and specifications for adherence [o building and zoning
cequicements. ~
inv [
es[igates violations and enforces mrrec[aon of defects; keeps xoN and mikes
celnrts. .,.... _.. _ ....
lau.laans files on approval repo[TS.
~, . maces sign, weed control, zoning ordinances and related wck as raluired.
Pr>lti~re budget for Building Departnen[.
Considerable knowledge of the Southern standard Building Cade, PlunDing Cede and
G1 =cy_rical Cade, city codes and ordina relating t onstruction and inspectio of
building mrvst[uction and/o[ nechaniwl ~m[hods, pl~nrbing trade pro¢dures, rtaterials,
pcac~f_ices and techniques.
vsiderable knowledge of possible building co ruction and/or mechanical defetts and
ability to be firm in rcyuiring ra Hy of these defects.
Ability t read and interpret const[uction plans and blueprints and have effective working
relal.iowvships with m and others in the m [action trade, with other enployees
m3 with the generalrapublic and to deal with pcblic relatiow p[cble~ effect ively,
courteously and tactfully.
Piasi des at land Pluming Agency and Board of Adjustment nee ings as City
Malce out applications for building permits.
Evaluate and price building permits.
Maintaan flies on all building permits.
Maintain wronthly and yearly totat buildinq.
P
.oalriatiom ma parmit roses.
wrice permits ana inspece azl swinmirg poola.^
Camussioner [nrnam asked who determine et back distances and Mr. 6ryant said not [he
erilbing Officiat. BepMayor Goldberg asked Mr. Bryant what a Certifiraee~of Ctcupanel
and Mr. Bryant said a Certificate of CYCUE>;ncY means that a building is sentially
complete and safe to occupy. Mayor Saerilson asked Mc. Bryant if he believed that he wds
responsible for the completes to plan aryl Mr. Bryant said he oNy carries out plans
Chat are approved by the Land Pluming Agency and The City Camnission. Mayor 9rerilson
said that during the' budget wrk sessions that Mr. 'Bryant had said that he wes the
erilcirg Official and- said that a public hearing w sary to 'rend a him arwd Mc
Bryant said that Naming aska3 Mrne ymt if he checks with other
eepartment Heads prior for is wing a Certificate of ttcnpancy. Bryant said he oNy
checks with the P re Oepactnent when the building m Msp[inkle[ system. Mc.
ing asked if he checked with anyone else and Mr. Bryantssaid the City Elgin Mr.
Manning aid that a Certificate of Cccupanry should orSy be issued when the project
caq~lete sand [he a plan has been followed. Mr.' Naming said withMlding the
Certificate of (kcupancy the only azsurance that requirements have been me
Bryari said that w requited by the Brildirg CNe. Naming said it his
eslensibility to checknand Mc. Brymt s aas i~ssible for him o check every it
Mayor rilson said during bullet wo m when the City Cmvnission questioned
whetter tuo persons were requi [ed in thereailding cepartment, M Bryant did n
with justification for tw persons. Bryant said he had informc+l the Ccmmisson bthat
rc~~cts opermrts issued was down only slightly. Naming surd he had not received
omren c wnQlains from the Qu riding Official inrthe last 10 m>nths.
Conmdssioner said the biggest problem with the Building Official lack of
. Com:c.=_. once m
the Building Offtcial had x.en appointed by the
Citl 1w3mivistYecor an oned whytM t had n t C~rev ary prd,Yms oo hdd Lo -
Manning. (anurissioner [otcm~nn said Mr. Bryant should have gone to M Manning if he
believed he was being in erfered with. Mayor smerilson said the fist c cations the
Conmission had ived Eeom the ILilding Official uss His letter atingr that "his
departnent mould noteopemte effectively with o [side in erference." Mayor Srerilson said
t should he determined why !h Bryant c t do his jebt Mayor Srecilson said Mr. Bryant
nod admitted doting the p.~blic hearirgsatHat he inspects s e plans in oNy a 9ra11 cry
and m asked now he check H for elevations. Mi. eryantrsaid he did not check for
elevations and said he mold see which ray the eater Elo H.
BepMayor (bldberg questioned if the fi[eplaces in the Meadow[idge had been w[rectel and
Mr. Bryant said 14 Hari been. DepMayor Goldberg said one half of the fire places installed
installed correctly. Mc. Bryant said the <hinmey did not have to be installed
highervthan the roof line, just 10" ov a mrizontai rte Commissioner m
aid she w med with the camu cations and pers nality problems and she questioned
if Mc. Bryantwmuld acmmplESh his job if he xes retained. Coimdssione[ tnrmarm said she
had pe[sonally given M[. Bryant many co~laint and that he Haw failed to have the itart
rrected. c~maisnioner m cited the muse on e. e. wuliaason l:Qaa wnicn looked
like a shack and was n t up to standa[ds and a shed that was permi[tei to be attached to a
home on Olearder Chat was as large as the muse. .Bryant said that fined tw yea[
ago when the City did n t nave specific restrictions governing utility shNss
ConmSSSioner Inrrnann swirl she ejected to Mr. Bryant mnta<[ing the tkmeJUildecs
iation with tm mnplain[ about fuels without bringing the problem eo the City
Connnission.
1
Mr. Harming said Bryant had failed toe e his tights wrier the grievance
pzocedure and said he had uetermined the proceduresrofsehe City. Mx. Maeming said he Jid
of approach the City Comiussion on the transfer of $B,SOB from the ~ildieg Deparbrent tc
the Fblice Uepartnient. Bryant said ne came [o the City Crnvnission earlier with.
cammnts tmt permit Eeea m,st be urea to operate me ®,ilairg ieparrmant. Manning
said that when the City CmmSSSion deleted tm position of tDrildirg inspector, ~Mr. Bryant
did not was to him and m said the orrly wncem Mr. Bryan[ expressed durirg the bullet
Hearings was that ne wanted an autmobile, not a pickup tcuck.
cepwyor Goldberg questioned if a Fone w of built on lots 19 and 20 in the Meadowridge
subdivis' r lin and M .Bryant said he was not a of suer a problem. 1r.
Harming said he hadsleamed from the Piblic Nbrks Dega[tnent [hatetnis had been done.
Commis Myer said he xas still m m d about Mr. Bryant's response to him that
Bryant did not have authority to stop mevstmction of a hmie even tMwgh there w_
problems. Bryant said "he had said he cwld stop the construction but that he saw no
o dos LYpMayuE Goldberg asked M[. Bryant what mould have talpened if the
roacdnoftndjustmen[ had not granted a on the building a acNae t and Mr. Bryant
said a bates could Have to be relocated oi'tm builder could haven[o bw additional land.
Conmdssioner said she xas a mFmber of the H rival Cortmussion and she asked mono
inspects the hones being w mctsvl to in a that they ace painted with the m tact.
colors. ning said the muse paintrwuld be part of the s cturai planr srw
Conmdssione Inrnam said the Histo[ical Cgmaission had approved colors for the Village
3luare to be between beige and yellow and she said the muse was pink wlor. Xr.
ryant said the Frame iv question might no[ be finish d and said the pink mold be a prire[ 1
Co~miissioner mrmarm told Mr. Bryant [Fat ne had no[ reques[N additional help and
at. Bryant said ne fraught the nwber of permits would indicate the ne d for Help.
CoamSSSioner lormmm said ce~rYment Heads have a responsibility to speak up and make
thei[ [yuirarents known the Commission. Commissioner [nrmam said 'tnat other
Bepartment Heads had spoken up and defended thei[ budgets.
' Cononissi8ner nNers said he had recommended that the position of building inspector be
deleted because he had s en Mc. Bryant and the building inspector just sitting a mod
Heyant s nornal practice for the Building Official t
be nuhis officesin the rtotninl Eor[ona tpue and one trour in the aftemson to receive any
calls from builders.
Mayor Srerilson questioned if Mc. Bryant could serve effectively as a Building Official.
Mayor 9recilson said he had been advised of nwneceus st[uctural defects and cited a
s,»mnirig pool Permitted on an easement in the Highland Hi11s SLbdivisi Mayor 9rerilson
aid s Permits far swinrnvy pools had never been signed offs by the 0rildi[g
Official. oMt. Bryant said Imo had never had a problem ami HepMayoi Goldberg said it was
n pratti<e to sign off on a penult. Mr. Bryan[ said n a pool s many t
he wable to get vn and check the pool. He said he tdid check force electrical
cgnnections.
-epMayor C ldberg said Uat section ]04.5 of the City Code s s that the Building
Official snail arMinister these regulations and he said the Hrilding Official rtust b so.
CepMayor Cnl~erg said Mr. Bryant had admitt H that he didn't coves all iteN^. Mc. B[y t
said it was inpossible fo[ one man to a<mi¢lish and Bepgayor Cnldberg said Mt. Bryant had
respowibil sty to inform the City Cmmdssion if he could no[ acetn~lish. Mr. Brywt
said he mould ne d several Wore people iF be accrnplishe<I everytfiirg.
Mayor 9rerilson said M< Bryant had complained about building permit fees being used
/~~ mod he said [he Commission had requested proof. Bryant said proof had been thram
away. Conmissioner Myers said during budget se ns he moss infonixd that the State
Statutes require that building fees be spent in thesB.nilding OeF rtment. Bry t said
fie had made copies of the Attorney General's opini n for the City Crnmnission. Mayor
~recilson said M[. chacey, former City IuLninistratoc, had baekea down £ran this
requirement. Mayo[ Srterilson said iE you read the Southern Standard Building Cede, only
the section dealing with plu~rbirg requires that Eees be spent in the plurtbing area.
5. M[. Eemard Linton, a madaei of the tarn] Ylaruring Agency, said he Wad comment d during
the first me tiny that nary of the ptoblcros ¢ r[ed with the previous City Carmission.
Mr. Lin[ said he did no[ say that Mr. Bryant should LR exone[ated. Mr. Linton said that
Mr. Bryant Drys a loyalty to the City. Linton said he hxl personal expe[iences aW
difficulties with Mr. Bryant as ~rember eE the Land Flaming Agenq. Mc. Linton said the
Southern Standard Building Cedeais a guide and Ordinan 495 (Crn{orehensive Zoning
Ordinance) is the law. Mt. Linton said that Section 806.1 of the City Code states that
all s to plans a e the responsibility of the Building Official. on questioned M[.
Rryant's espouse ing his using a level to determine elevationta~ he said the
props[ mould be a [[amSt. Lint said fie xos a retired builder from
Michigw ansdrhe had disagreed with many ofMthe statements made by M[. Bryant.
6. M[. Olin Elgin said t1r. Linton was m[[ect. Mi. Elgin said the City Commission mold
nor Mama az1 the mvstakes maae on we man.
'/. Mr. Pioliw said he had lived in the City for 2H years and he said [he hearings
were the wrs example of City Cove mment he had witnessed. r. Piolim said M[. Bryan[
BepMayoc Cnldberg asked M[ 'olian f he was not equ ed to live by ales in his mock
and Pioliw said yes mod Dept4ayoc (bldbecg said that wes what the Commission xas
attempting to b - e that M Btyan['s performance was enrding t stablishs3 rules
and procedures. Dep4ayoc (;oldberg cite3 the fact [hat the Park Square site plan had been
ap2roved 6 septic Tanks and w _ a. Certificate of (k:eup ncy for -
ection.o~ Bep!4ayor CnldMrg asked M iol'_an if M Bryan did n t have cal
ob`~igat iv£orn the mmbers of the C as.,r~r wd Mr. Fiol ian said he hadbaen ~dtold
to issueotheoCO by tre City NLnir,ist[atoc~ '
8. Me. Ibn Faulkner said he knew Did Bryant aril he lived in his neighbo[MN. Mr.
Faclkne[ said Mc Bryant Sad done a good jeb and cited an exanple where M made a Muse
comply with setback eequi[mients. M[. Faclkne[ said he was concerned about illegal funds
and MaYOr 9re[ilson said he couldn't [ely on articles read in ewspapers. Faulkner
said MS 6ryant as under pressure and DepMayor Coldberq asked if all etQloyees aren't
supposed to live try the Cale.
Mayor 9~e[ilson said a s p[oblem a steel. Mayor Srerilson said his perfo[mance tad
been discussed befo[eceanduhe was not able to eacF~ an agrearent with the City Staff.
mayor rilso aid he r s 4-5 complaints pet week and he does n hear o£ any
response from M[, sBryant. Commdssione[ Myers said the City Camrtission is esponsible for
Mr. B[yant's cerfo[aance.
9. Mrs. Drape Taylor spoke on behalf of nu. Bryant.
1D. irotion by ConoNSSioner Myeis, seconded by cepMayor Golabe[g for discussion pacposes,
to terminate M[. Bryant as Fuilaing Official £or the City of Mrgurxd. Mr. Bryant
demanded that a [eason be given.
Conmissioner Faulkner said the job descripti written for M[. Bryant had not been adopted
by the City Crnmdssion and he said Mr. Bryant'~s job was not defined.
11. Motion 65' DepMayor Goldberg, se<o~ded by Cgemussioner Mrmann tFat fnrtMr ac
M[. Bryant be tabled until [he Crnmdssion had an oppo[tunity to discuss the matter further
with City Atto ney. Motion carried by a unani~rous toll call vote.
12. Mayor 9rerilson said he Mped that Mr.. Bryant could still work effectively as
0.~ildin9 Official with the City. Mayo[ sme[ilson said the hearings ure witch
hwt" and he said M didn't want to have the hearings bat had been advises that tF~e City
Conmission rtust Mld hearings srnce they are espauible foe m[, B[yan s pecfo[rtance.
Meeting waz adjourned at 10:05 F.M
Mayo[. ~ Y LongwoW~ Fio[1Ua
City Clerk