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Board of Adjustment & Appeals Minutes 05/23/2014 May 23,2014 MINUTES OF THE MEETING OF THE COLLIER COUNTY BOARD OF ADJUSTMENT AND APPEALS Naples, Florida, May 23, 2014 LET IT BE REMEMBERED, the Collier County Board of Adjustment and Appeals in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room#609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: John Melton Vice Chairman: Bradley Schiffer Ronald E. Dixon Eloy Ricardo Randy Anderson (Excused) ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison James French, Operations Director, GMD P&R Heidi Ashton-Cicko, Assistant County Attorney Jonathan Walsh, Building Official Dick Noonan, Chief Plumbing/Mechanical Inspector John Cosmo, Chief Electrical Inspector Rich Long, Plan Review & Inspections Manager Myron Jacobs, Chief Structural Inspector Michael Ossorio, Contractors Licensing Supervisor 1 May 23,2014 Any persons in need of the verbatim record of the meeting may request a copy of the audio from the Collier County Clerks'Minutes and Records Department. I. Call to Order The meeting was called to order at 3:05pm. Roll call was taken and a quorum was established. Appointment of Chairman and Vice Chairman Mr. Schiffer nominated John Melton as Chairman of the Board of Adjustment and Appeals. Nominations were closed and Mr. Melton was declared Chairman. Chairman Melton nominated Brad Schiffer as Vice Chairman of the Board of Adjustment and Appeals. Nominations were closed and Mr. Schiffer was declared Vice Chairman. II. Approval of Agenda Mr. Schiffer moved to approve the Agenda. Second by Mr.Ricardo. Carried unanimously 4 0. III. Public Speakers None IV. Agenda Item A. Waiver of requirements for a building permit for a radon system—Contractor Wayne Dean and Owner—Charles W.McMahon Mr.Dixon reported he has a conflict of interest with the item and is filing Form 8B— "Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers." All those testifying were sworn in Mr. Dean addressed the Board noting the following: • He has been in business for 27 years and specializes in radon mitigation. • He expressed concern the County is approving installation of radon mitigation systems without the proper qualifications necessary for approvals and inspections. • The issuance of these permits and the related inspections provide property owners and/or occupants of buildings false assurance the systems function adequately and do not create any negative impacts on the building or occupants. • Most of the systems currently installed in the County by other contractors do not function properly and are inadvertently causing health problems for residents and damage to buildings including the infusion of unconditioned air into internal spaces leading to mold infestation. • In his opinion, given County Officials are not qualified to approve the design and installation of the systems, the current process may be creating an unintended liability for the County. 2 May 23,2014 He is appealing the Building Official's decision that the County has the authority to issue a permit for installation of a radon mitigation system as there is nothing in the County Codes or Statutes requiring issuance of a radon mitigation system permit and nowhere on the fee schedule is"radon mitigation"listed. Mr.Dean entered the following evidence into the record: Exhibit A: Permit#PRHV2014041042801 and related Inspection Card and Inspection Report which provided a job description of"radon mitigation." Dick Noonan, Chief Plumbing/Mechanical Inspector submitted a copy of Section 105 of the Florida Building Code. He noted: • Section 105.1 states a permit is required to alter,repair,replace, convert,etc. any buildings electrical, gas,mechanical and plumbing systems. • Section 105.2.2 states ordinary minor repairs may be made in a structure without a permit under certain conditions,but does not include"cutting away of any wall." • The County does not regulate the"performance"of any systems installed,rather the installation of the components to ensure the work is in accordance with building code requirements for alterations to a buildings structure or components(i.e. perforations in exterior walls,mechanical,plumbing and/or electrical system alterations, etc,). • In the opinion of the County,the alterations to the building's structure and/or systems required for the installation of the necessary mitigation system components requires the issuance of a permit and the related inspections. John Cosmos, Chief Electrical Inspector reported there is a list of exemptions for permits, however radon mitigation systems are not identified. In addition,Florida Building Commission Case#: CA09-DEC-257 determined permits are required for installation of low voltage electrical systems. Mike Ossorio, Contractors Licensing Supervisor provided an overview of the case reporting Mr. Dean was issued citations by the County for Commencing Work Without a Permit and Unlicensed Contracting. He entered the following evidence into the record: Exhibit A : Citation 8744 issued to Wayne Pierce Dean dated April 9, 2014 for commencement of work without a permit, 2nd Offense; and Citation 8743 issued to Wayne Pierce Dean dated April 9,2014, 2"Offense for Unlicensed Mechanical Contracting. Exhibit B: Citation 8747 issued to Wayne Pierce Dean dated April 18,2014 for commencement of work without a permit-2"d or more Offense; and Citation 8746 issued to Wayne Pierce Dean dated April 9,2014, - 2 11d or more Offense for Unlicensed Mechanical Contracting. Mr. Ossorio reported: • Mr. Dean was issued a citation in 2011 for a similar offense and was aware of the County's position requiring permits for the work. • On April 9, 2014 Investigators responded to the scene and issued the citations for commencing work without a permit and unlicensed contracting. 3 May 23, 2014 • On April 18, 2014 Investigators responded to another call where a like citation was issued. Chairman Melton reported the issue for the Board is to determine if the Building Officials decision requiring a permit for the work conducted by Mr. Dean on the above referenced dates be"upheld." Mr. Schiffer moved to support the decision of the Building Official that systems that rely on ventilation or pressurization of the air conditioned space for radon control require plans specifications and a permit, and the plans and specifications to be signed by a registered engineer. Second by Chairman Melton. John Walsh,Building Official reported the decision did not cite the requirement of a registered engineer. Mr. Schiffer amended the motion to support the decision of the Building Official that a mechanical pressurization system for radon requires the appropriate permits. Second by Chairman Melton. Discussion occurred if the wording"for radon" should be included in the motion. Mr. Schiffer amended the motion to support the decision of the Building Official that a mechanical pressurization system requires the appropriate permits. Second by Chairman Melton. Motion carried unanimously 3—0. Mr.Dixon abstained. V. Committee Member Comments Minutes Approval Mr. Schiffer moved to authorize Mr. Melton to approve the minutes from this meeting on behalf of the Board. Second by Mr. Ricardo. Carried unanimously 4—0. Permit Description for Radon Mitigation Mr.French reported the County will be undertaking the necessary measures to revise the County system for permit categorization to clarify applications of this nature and their related inspections are not deemed "radon mitigation." There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:26PM. COLLIER COUNTY BOARD OF ADJUSTMENT AND APPEALS ,f-'"' Chairman,John Melton 4 May 23, 2014 These Minutes were approved by the Board/Chairman on Lt . = ' 3 , as presented or as amended . 5 ii i! FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPALS AND OTHER LOCAL PUBLIC OFFICERS 1 LAST ld�NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE 0/1.614 Awe/ C- f/9 ;a we MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2f 74' ,hfd G g/i.,0/ WHICHISERVEISAUNITOF: ❑CITY OUNTY ❑OTHER LOCAL AGENCY CITY `l COUNTY NIft r s C Co 1 L 1 e✓ NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: 5'- 2.3 -- , L/ ❑ ELECTIVE ❑ APPOINTIVE S t' i' WHO MUST FiLE FORM 8B I LI This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council, .. commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting ri conflict of interest under Section 112.3143, Florida Statutes. ir G Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instructions on this form before completing the reverse side and filing the form. 1 li 1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES 2 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which fi inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency) by whom he or she is retained(including the I parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or t to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that 1 capacity. I For purposes of this law,a"relative"includes only the officer's father, mother,son, daughter, husband,wife, brother, sister,father-In-law, mother-In-law, son-in-law, and daughter-in-law,A'business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). i ELECTED OFFICERS: t In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and 1 1 WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- I utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * i i APPOINTED OFFICERS: 2 Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: t I You must complete and file this form(before'making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) t 1 I APPOINTED OFFICERS (continued) I • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. e • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ,g n ' ,hereby disclose that on 5-^ 2 3"` 20 l : (a)A measure came or will come before my agency which(check one) U inured to my special private gain or loss; inured to the special gain or loss of my business associate, • 7 inured to the special gain or loss of my relative, t I inured to the special gain or loss of ,by whom I am retained;or I inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. - (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows; is ti } 5-- `ZC)J �/ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, a REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM BB-EFF,1/2000 • PAGE 2 3