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

November 12, 2009

Meeting Minutes

20 Year Employee Service Recognition for Rusty Carroll

The Board recognized Rusty Carroll and passed a motion for Mr. Carroll to receive 2 days off with pay for his dedication and contribution to the community.

Call to order:

A published meeting of the Broward County Board of Rules and Appeals was called to order by Chair Gary Elzweig at 6.56 p.m.

Roll Call

Gary Elzweig – Chair

Ron Burr

Marc Celetti

Gregg D’Attile

William Flett

Shalanda Giles Nelson

Albert Korelishn

Allan Kozich

Jay Shechter

John Sims

John R. Smith

Abbas Zakria

Hank Zibman

The presence of a quorum was established.

Mr. Elzweig presented plaques to Manny Synalovski and Gary Waldrep in recognition for their years of service on the Board of Rules and Appeals.

Approval of Minutes

The Chair asked for a motion to approve the minutes. Mr. Korelishn moved to approve the August 13, 2009 board meeting minutes. This motion was duly seconded by Mr. Kozich. The record reflects there were two code section corrections to the August 13, 2009 minutes made by board member, Mr. John Sims, Master Electrician.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

CONSENT AGENDA

1a. Certifications

Mr. DiPietro brought to the Board’s attention the addition of Rosemary L. Deming from the City of Sunrise as a Fire Code Official.

The Chair asked for a motion. Mr. Kozich moved to approve the certifications and was duly seconded by Mr. Zibman.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

REGULAR AGENDA

1b. Fire Certifications

The Chair asked for a motion. Mr. Kozich moved to approve the certifications and was duly seconded by Mr. Korelishn.

THE MOTION PASSED UNANIMOUSLY WITH A VOTE OF 13 – 0.

2. Emergency Escape and Ad Hoc Committee Report and Recommendations

Staff Report was given by Rusty Carroll, Chief Structural Code Compliance Officer. Based on a request by Sandy Laguna, Building Official for City of Pembroke Pines, for a Formal Interpretation the past board chair John R. Smith formed an ad hoc committee to review his request. Mr. Carroll brought to the Board’s attention that different cities were doing different things. One of these was the issue of storm shutters over an escape door; this is not specific to the High Velocity Hurricane Zone.

A Formal Interpretation could be done tonight; however, Mr. Carroll noted that the second part of the item would require a motion.

There was more discussion and several possibilities were offered: determine whether we need an amendment, a Formal Interpretation, adopt a local technical amendment, or adopt a State Amendment. The Chair noted that local amendments will sunset at every new code, and we would have to do one again in a couple of years.

After Mr. Carroll’s report there was more discussion. Mr. Belcher, who represents the International Hurricane Protection Association, added that he would support staff’s recommendation. He made several more comments on door sizes, and added that they are already in the code. He would prefer to do something on a state level rather than a local level.

Mrs. Nelson asked for clarification on locks and latches as covered in the code. Mr. Belcher responded that it has to be a door, whether it is side-hinged, sliding or roll-up.

Mr. Kozich made a motion for a local technical amendment depicting what is identified on page two, and then on to a state level. Mr. Korelishn made a second motion to make a caveat for the next code cycle.

The Director added that the effective date of the state amendment would be December 31, 2011.Mr. DiPietro continued that he wanted to clarify that as a matter of procedure, when we do a local amendment once every six months, the next one must be six months apart per state requirements. Since we cannot do another local amendment for six months, if we had 2 or 3 of them, we should package them together.

Mr. Elzweig stated the board would defer to Mr. DiPietro in this matter.

After much discussion it was decided to table the item.

A MOTION WAS MADE BY MR. FLETT TO TABLE THE ITEM AND WAS SECONDED BY MRS. NELSON. THE MOTION TO TABLE CARRIED WITH A VOTE OF 11 – 2.

Mr. Burr Yes Mr. Korelishn No

Mr. Celetti Yes Mr. Kozich No

Mr. D’Attile Yes

Mr. Flett Yes

Mrs. Nelson Yes

Mr. Shechter Yes

Mr. Sims Yes

Mr. Smith Yes

Mr. Zakria Yes

Mr. Zibman Yes

Mr. Chairman Yes

3. RFP No. 08-01, Classes Relating to the 2007 Florida Building Code for – Agreement Extension with BRB Code Educators, Inc. , Homosassa, Florida for 10/01/09 – 9/30/10

The Director noted that we have a most favored nation’s clause on page 30 which guarantees that nobody gets a better rate than we do.

Mr. Kozich made a Motion to accept the Agreement. The Motion was duly seconded by Mrs. Nelson.

THE MOTION CARRIED UNANIMOUSLY WITH A VOTE OF 13-0.

4. Report Concerning Employee Pay Considerations for FY2010 – (October 1, 2009 – September 30, 2010)

The Administrative Director addressed the Board and reminded them that Broward County has had a salary freeze for the last 2 years, although our agency has been getting raises. The County Administrator, Bertha Henry has proposed five furlough days. Mr. DiPietro went on to make some observations that our surplus has dropped from $2,400,000. down to $833,000 in two years, and we’ve lost another $50,000 since the budget documents were presented. The rate increase just went into effect and we are waiting for the ramifications. The Director also noted that the cost of living is -1.5 %, the worst it’s been in decades.

Responding to the Director’s report, Mr. Elzweig observed that we are still suffering from a budget shortfall. He went on to say that our expenses continue to keep us in the black, and hoped that the impact from the fee increase would start to bear some fruit. He also noted that Mr. DiPietro has shown fiscal restraint. The Chair deemed the Director’s recommendations as sound, and agreed that we still need to show fiscal conservatism.

Mr. Kozich made a Motion to approve the report. The Motion was duly seconded by Mr. Korelishn.

THE MOTION CARRIED UNANIMOUSLY.

5. Board of Rules and Appeals Policy #95-01, as Amended 10/14/04, Portion Concerning One-time, 10 Years of Service 2% Longevity/Merit Bonus, as also applying to Administrator Director

The Chair noted that the Board voted to include the director specifically in the program and authorized a 2% payment to be made to Mr. DiPietro in the amount of $2,574.06. Mr. Elzweig remarked on the Director’s 10 years of wonderful service to this board.

Mr. Korelishn made a Motion to accept the Agreement. The Motion was duly seconded by Mr. Kozich.

THE MOTION CARRIED UNANIMOUSLY.

6. 2010 BORA Meeting Schedule

Mr. Flett made a Motion to accept the Meeting Schedule. The Motion was duly seconded by Mr. Kozich.

THE MOTION CARRIED UNANIMOUSLY.

7. December Holiday Work Schedule

Mr. Zibman made a Motion to accept the schedule. The Motion was duly seconded by Mr. Flett.

THE MOTION CARRIED UNANIMOUSLY.

Director’s Report

Mr. DiPietro discussed the election process, and added that the only reason to meet in December is if we have an appeal.

General Discussion

Request to have the Roofing Committee investigate gravel on roofs that blew off the roofs and damaged cars.Mr. Flett says people are still using it. He added that you can wait 6 months and put a sealer on it. After further discussion the Chair questioned whether we should reactivate the Roofing Committee. He further directed Mr. DiPietro to schedule a meeting of the Roofing Committee.

Adjournment

There being no further business to go before the board; Mr. D’Attile moved to adjourn, and was seconded by Mr. Kozich. The meeting adjourned at 7:44 p.m.

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Gary Elzweig, Chair

Minutes – November 12, 2009 Page 5 of 5