BRADENTON BEACH – The city commission conducted a work meeting on Jan. 28 to focus on restructuring the building department and the challenges the city faces in finding a permanent replacement for recently-suspended Building Official Darin Cushing.
“I want you to all know the work meeting is for the commission to discuss the current and future staffing of the Building and Planning Services Department,” Mayor John Chappie told attendees in a packed city hall. “Because this is a work meeting, the subject will be what is posted on the agenda, the building and planning department. This is a single subject commission meeting.”
However, during the meeting – particularly during public comment – the conversation evolved into discussions about Cushing and his city-disputed approval of the Drift-In tiki hut.
The commission considered changing the current model of using a contracted building department to hiring an employee.
Chappie began by giving an update on Cushing’s suspension, which he characterized as a “temporary suspension.”
He then read the letter the city sent to Cushing’s employer, M.T. Causley, a subsidiary of SAFEbuilt, which outlined the city’s reasons for the suspension. Chappie said M.T. Causley has place Cushing on administrative leave.
“M.T. Causley is working on a game plan at this time,” Chappie said. “They can provide an inspector on a partial basis. They also can provide online plan review.”
Chappie said the part-time inspector can conduct inspections, including electrical and mechanical, and residential plan reviews, but cannot conduct commercial inspections.
“We are also being backed up Holmes Beach for inspections and commercial inspections when we need them,” Chappie said. “We’re covering our basic current needs at this time.”
Chappie laid out some proposed options for the building department which included putting out a Request for Proposal (RFP) for a company other than M.T. Causley, continuing with M.T. Causley, using the building planning services of Integrated Solutions Consulting (ISC), retaining former retired building official Steve Gilbert for floodplain review, sharing building services with Holmes Beach (Joe Payne Inc. – JPI) or advertising for a new employee.
“In the past, the building official was an employee, and we changed that in 2015,” Chappie said.
He said the pros to hiring an employee as a building official are continuity of care, getting to know the public and being an actual supervisor of the building department. The cons include paying for errors and omissions insurance included in a contractual agreement.
“It is my opinion that it would benefit Bradenton Beach to have an inspector in-house rather than outside,” Commissioner Jan Vosburgh said.
Chappie said the current cost to the city of building official professional services is $215,977 and $70,000 for planning professional services.
“I think we have better options in-house, but I’m concerned about what happens immediately,” Commissioner Scott Bear said. “If we decided to terminate (with M.T. Causley), how do we make sure we don’t have a gap?”
Chappie said M.T. Causley has been advertising for a year or more for a building official.
“It would be a difficult road to hire somebody,” Chappie said. “It could take a lot of time. Right now, M.T. Causley is willing to work with us. They’re working on a game plan to try to get somebody here all the time.”
“We also have the option because we’re still within the FEMA timeframe to get compensation for building services,” City Attorney Ricinda Perry said. “That expires in approximately two months. So, you could under your emergency powers hire the same firm that Holmes Beach is using.”
Perry said she could prepare an RFP within 24 hours if approved by the commission.
“I think M.T. Causley should come up with a solution,” Commissioner Ralph Cole said. “I have constituents who are concerned and standing in limbo waiting for permits.”
Perry said the city has not missed a single inspection.
“This meeting has nothing to do with the Drift-In application, it has nothing to do with Mr. Cushing’s performance,” Perry said. “It was simply one of the steps the city is going through to get stronger and better dealing with storm events.”
“It was read into the record at the beginning of the meeting, about the Drift-In,” Cole said. “That being said, that’s separate. We need to assure the public that the permits are getting processed and it’s our job to make sure that happens. So here we are, we have to make a decision on what to do.”
Commissioner Deborah Scaccianoce said, “I have a concern about going forward with M.T. Causley. The Drift-In, the planner in that process, also failed to catch issues, which is an M.T. Causley employee. So, my concern is the quality and the knowledge of that company in our permit review process. I think we need to consider that because how many other poor decisions were made that we don’t know about? That was a big one.”
Perry said there are 55 days left for the city to get FEMA reimbursement for building services.
“There’s a hybrid option for all of this,” Perry said. “There’s floodplain, there’s inspections, plan review, building official services.”
“Another part of the process could possibly be to talk to Mayor Titsworth (Holmes Beach Mayor Judy Titsworth) about shared building services,” Chappie said. “In fact, if we were able to work something out with who they’re using. It would help our elected officials in the state realize we are listening to what you say, and we are using the OPAGGA study, as much as we didn’t like it, we are using it as a tool.”
The OPPAGA study recommended that Island cities work together on certain issues to save money.
“We have Causley in place, then we can make a decision rather than rushing,” Cole said. “We have them under contract until June.”
“The hybrid approach makes a lot of sense, that’s a long term solution,” Bear said. “We also need an immediate solution.”
“M.T. Causley is a stop gap until we have more information with regards to what they come up with in their plan,” Chappie said. “To the extent that Mr. Cushing is available, he is on administrative leave. Do we want to continue with Mr. Cushing or have M.T. Causley provide a different building official?”
“I don’t think we should use Mr. Cushing,” Vosburgh said.
“It sounds like he doesn’t want us to use him either,” Bear said. “I think the motion is they provide someone other than him, because having him here as a disgruntled employee is not going to help us. There are two sides to the argument, so I’m not taking one side over the other, I’m just saying it’s a little difficult to have a disgruntled employee.”
“I think the motion should be to continue with M.T. Causley and have them provide a building official so we can make a permanent decision on some type of hybrid approach,” Bear said.
The meeting was then opened for public comment.
Public comment
Linda Cushing asked who the building official of record for the city is. She was advised by Chappie that questions would not be answered during public comment.
“I’ve been a property owner since 1995 and have done numerous building projects. I just wanted to add my two cents about Darin Cushing,” Keith O’Neill said. “I will tell you I was very supportive of him, he was very supportive of our project and regardless of everything I want to speak on his behalf and say he did a great job for the projects I was engaged in.”
“I live in Sandpiper Resort and I’m here to support what may or may not occur with Drift-In,” Bill Wisotzka said. “We’re all trying to recover from a disastrous scenario. I hope you find some compassion to process what we need to do with Drift-In.”
Pines Park homeowner Elayne Armaniaco spoke in support of Cushing.
“Darin is approachable, he was knowledgeable,” she said. “I think the fact that he was so approachable was really helpful because as you all know we went through a terrible situation and through it all he was fair and kind.”
Michael Silberge, president of West Coast Air Conditioning, spoke in support of Cushing.
“My comments today are to support Darin Cushing,” he said. “I have never had any problems with M.T. Causley. Steve Gilbert is a saint in my opinion, and so is Darin Cushing.”
“I’m concerned. There’s been no discussion up here about Darin,” said Angela Rodocker. “What he did on social media is wrong. If I had an employee that did that I would put them on leave too. But I wouldn’t be up here talking about him being gone. I was shocked. There’s been no discussion about a man that has worked in this community and has an amazing reputation. That’s why you hired him in the first place.”
“What’s going on here today seems like a bit of a witch hunt,” Neil Lind said. “Has counsel or Bradenton Beach staff made mistakes in the past? If so, were you terminated? No.”
“I have a lot of employees who are really hurting right now,” Drift-In owner Derek Williams said.
Motions
Bear made a motion to continue with M.T. Causley and have them provide a building official until the city can make a permanent decision on some type of hybrid approach.
A second motion was read by Perry to authorize staff and Chappie to pursue emergency services for building department and planning services with JPI and ISC as well as to submit any necessary mission requests to the State of Florida or Manatee County.
A third motion was read by Perry to authorize Chappie and staff to coordinate with Holmes Beach for any additional services that cannot be fulfilled by M.T. Causley in the immediate future to provide building and planning services to the constituency.
All three motions passed unanimously.
“I think we should do everything possible to work with the owners of the Drift-In to help them move on with that building,” Vosburgh said.
Drift-In matters
Perry advised the commission that she would not represent the city in Drift-In matters.
“Mayor Chappie, there is a change,” Perry said. “I have declined representation on behalf of the city. The notices have gone out, the hearing will be the first commission meeting in March. The P&Z meeting and the city commission meeting. I am declining any representation, in large part, because Mr. Williams has retained the law firm of my husband and I am uncomfortable with representing the city with that perceived potential for conflict.”
That prompted an exchange between Drift-In owners Derek and Helena Williams and Chappie.
“In regards to the city attorney’s comment, as a business owner if she’s now stating she has a conflict of interest, from what we’ve been told there’s no replacement,” Helena Williams said. “So, in my opinion it looks from our perspective that we’re at a standstill until somebody else is appointed to represent you, so how that’s going to affect our business and us opening I would like to know the answer to that. There needs to be a replacement. When is that going to happen? Because we would like to move forward and open our business.”
Derek Williams said, “First let me say, I’m not attacking anybody, including Miss Perry. I feel the tensions back and forth since I arrived. The email I received last night said Ricinda got our 30-day public notice out and I have to wait for 30 days. There’s been some questions about when the Planning and Zoning meeting would be. All of these things get addressed in one day? There’s not been a lot of clarification. That means potentially I’m closed for another 30 days.”
“The only comment I’ll make is Ricinda is going to recuse to be clear there’s no conflict and it’s the safest way. Drift-In knew her husband was in the firm,” Chappie said.
Williams said, “I was told they’re divorced.”
“You knew who her husband was, and it is what it is,” Chappie said. “We’ve got to protect the city’s rights.”
