BRADENTON BEACH – City Clerk Terri Sanclemente and City Attorney Erica Augello are handling the city’s response to a subpoena Sanclemente received as part of the civil lawsuit former Building Official Darin Cushing filed against his former employer, SAFEbuilt Florida LLC.
While serving as the city’s building official, Cushing was a contractual employee for SAFEbuilt Inspections. M.T. Causley is a subsidiary of SAFEbuilt and the city had a contractual agreement with M.T. Causley to provide building official services.
Bradenton Beach is not named as a defendant in the lawsuit Cushing’s attorney filed with the 12th Judicial Circuit Court in Bradenton on May 7, 2025.
The subpoena sent to Sanclemente on Jan. 26 requested records pertaining to Cushing’s job description, performance reviews, disciplinary actions, complaints and all documents pertaining to the termination of his employment. Because Cushing was not a city employee, the subpoena does not seek employment applications and documents related to his hiring.
During the March 19 city commission meeting, Sanclemente said she had received the subpoena from Cushing’s attorneys.
“He is suing SAFEbuilt, so I have completed all of those documents and sent them over to Erica to review; and when she’s done, she does the submittal,” Sanclemente said.
The city temporarily suspended Cushing’s contractual services on Jan. 22, 2025. Following the suspension, Cushing’s employment with SAFEbuilt was later terminated.
Cushing’s suspension centered around his permitting approval for the Drift-In bar’s tiki hut structure, as well as for various social media posts he made. The city maintained the Drift-In permit should not have been issued and the project should have been classified as a “major development” due to the new tiki hut’s increased size. Cushing has maintained that the permit was issued properly.
Cushing has alleged that his employment status with the city was threatened for not complying with what he characterized as “illegal and unethical” requests to provide favorable treatment to a local developer. City officials denied those allegations.
Cushing’s lawsuit complaint alleges he was “unlawfully terminated because of his whistleblower actions in refusing to participate in illegal activities and reporting violations of laws, rules and regulations in violation of his rights under the Florida Private Whistleblower Act.”
A court date for Cushing’s requested jury trial has not been scheduled and the preliminary legal filings continue.
BRADENTON BEACH – With 85% of a building project completed under a 2024 city permit, a stop work order was issued at 106 23rd St. N. by city Building Official Bill Palmer, who said the prior permit was approved in error by the previous building official.
City commissioners voted at an Aug. 21 city commission meeting to lift Palmer’s stop work order if the owner complies with the building official’s recommendations; further discussion is planned on Thursday, Sept. 18.
“I wanted to update you on something that came to my attention on a permit that was approved and was issued and is in my opinion a violation of our land development code,” Palmer told commissioners at the Aug. 21 meeting.
Palmer said the existing 4,200-square-foot parcel is zoned R-3 for a one-family or two-family (duplex) dwelling with a requirement of a minimum of 5,000 square feet and a minimum new lot area of 7,500 square feet.
“Last April 2024, we (the city building department prior to Palmer) issued a permit for a home with an R-3 occupancy. Which means it’s either a one-family or two-family dwelling,” Palmer said. “It was described on the plans as a garage accessory dwelling unit. The issue that comes into play is that there’s already a single-family dwelling unit on the property. It’s been there for a number of years and there was a detached garage on the property also, so they received a permit to demo the garage and then they built the second structure. The new structure is approximately 90 feet larger than the 25% allowed in the LDC (Land Development Code).
“Some of our definitions that are going to apply is that a two-family dwelling unit is defined as both units under a common roof. It’s not something that is two structures or tied in with a breezeway,” Palmer said.
Palmer said a previous building official, Steve Gilbert, had told the previous owner, who wanted to do a similar thing, that it was not allowed.
“I don’t know what happened after 2021, but in 2024 they submitted pretty much the same plan, and it got approved. And the permit was issued.”
He said the reviewing process in 2024 was done by the city planner for M.T. Causley and then-building official Darin Cushing.
“Bill (Palmer) did reach out to me, and he had concerns. In his independent review he saw that the property violated the code of the city,” City Attorney Ricinda Perry said. “When he did his investigation, he shared with me that Mr. Cushing and the planning services of M.T. Causley under Luis Serna had reviewed it and they did sign off on it, and in his opinion it was erroneous. That’s a lot of liability and exposure all the way around. This impacts individuals who’ve made an investment on their property. We couldn’t say tear it down when actors in the city had said go ahead.”
Perry said she and Palmer felt it was best for the city commission to be made aware of what they saw as improper decision making.
“I advised Bill (Palmer) to issue a stop work order, which didn’t make anybody happy, but there was no sense in continuing to expend funds and we really couldn’t sign off on any inspections because it violates the code,” she said. “In our professional opinion it violates the code and it’s a sub-standard lot at 100 by 42.”
Land use attorney Scott Rudacille represented property owner Neal Morse at the meeting.
“When they acquired this property there was an existing detached garage on the property,” Rudacille said. “What was not mentioned was that the detached garage had an illegal unit that had been built within. So, when the property owner initially met with Mr. Gilbert, he said this is illegal and it was done without permits, obviously before this property owner acquired it, and it’s going to have to be torn down.”
He said the property owner worked with Gilbert to develop plans to remedy the issue.
“I’ve seen multiple emails from Steve (Gilbert) from 2022 where he’s telling them exactly what they need to do and it is specific to detached garage with living space above it,” Rudacille said. “Those plans were developed in consultation with Mr. Gilbert. They didn’t get permitted until 2024, but he was involved in those plans being developed.”
“The property owner was proceeding in good faith,” Rudacille said. “Other than this issue that’s been raised about whether it’s an accessory structure or not, the project itself meets all the city’s requirements in terms of setbacks, lot coverage, height. They replaced an old ground-level building with a FEMA compliant elevated structure. They’ve been getting inspected regularly by the city throughout the process.”
Morse said he hired a local architect who consulted with Gilbert. The plans were approved on March 12, 2024.
“What is the intended use?” Vice Mayor Deborah Scaccianoce asked.
“That depends on what we’re allowed to do,” Morse said. “On the plans it says it’s a game room and a bonus room with a deck. We just want to complete it at this point. The focus with the city was not so much the use as it was what we’re allowed to build.”
“I think what you’re looking at here is additional living space for the house, it’s just not connected,” Rudacille said. “The issue that they had was you had an existing ground level house, which under the 50% limitations they couldn’t add additional square footage to that. Steve (Gilbert) said if you did a separate structure then you can have living space as long as it’s above the base flood elevation. So basically, what you have here is living space that happens to be in a separate structure but all still part of the same single-family dwelling. The only thing unique is the space between the house and the detached garage.”
“This was permitted by us somehow,” Commissioner Ralph Cole said. “I’m looking for a solution to the problem that we have and that problem seems to be coming up more and more that permits were issued that maybe shouldn’t have been. Right now, we’re in that situation again.”
“The city has approved the structure to be built,” Mayor John Chappie said. “To put it bluntly, it’s a screwed-up mess and the liability out there is extreme on all parties. It could be very costly depending on how we handle this. I don’t want to force somebody to tear something down like this. I think it’s a mistake that both sides are going to have to figure out and live with. We have to figure out how can this go forward and not set a precedent of any kind, because I guarantee you other people will come back and say you let this guy do it and now, you’re not going to let that guy do it.”
“If we issued the permit, we’re in kind of a pickle,” Cole said. “Was it the commission’s fault? No, but we’re the ones that have to determine what’s right and what’s wrong.”
“I think we have to take responsibility for our actions,” Commissioner Jan Vosburgh said.
“It’s unfortunate that this situation exists,” Perry said. “I think what the commission needs to decide today is whether or not to allow the property owner to continue with construction plans so they can continue to move forward or if you’re going to keep the stop work order in effect. Having two houses on that lot is a violation.”
Palmer said he favored keeping the stop work order in place until he receives an under-construction elevation certification and a tie-in survey.
Commissioners reached a consensus to lift the stop work order contingent on receipt of the documents Palmer requested.
Perry read the following motion: “Motion to authorize the removal of a stop work order for 106 23rd St. N. contingent on receipt and acceptance by the building official of an under-construction elevation certificate and tie-in survey with the property owner accepting the risk and financial exposure for any additional costs incurred for work conducted as of 8/21/2025 and to further direct staff and the property owner and/or his agent to prepare a proposed resolution addressing the second R-3 structure and its uses for 106 23rd St. N. for commission review no later than Sept. 18.”
The commission approved the motion unanimously.
Perry said there will be expense as the city is now exposed for the legal fees through the actions of M.T. Causley contractors, and she asked if the commissioners wanted to direct staff to provide any proposed remedies for the added financial cost to correct the permit that was issued. She said staff will bring back a recommended path for remedy of the financial cost for correcting the issue.
BRADENTON BEACH – Mayor John Chappie read aloud a memo at a Feb. 20 City Commission meeting addressing the job performance of former city Building Official Darin Cushing.
The memo outlined what the city says were deficiencies in Cushing’s performance, including violation of state law, leadership and management issues, influenced decision-making and disregard of elected officials’ requests, among others.
Chappie suspended Cushing from his contractual city building official role on Jan. 22 and he was subsequently terminated by his employer, M.T. Causley, a subsidiary of SAFEbuilt.
According to the memo: “Preliminary review of the Building Department permits issued by Mr. Cushing through representatives from FEMA, WMFD, and other licensed reviewers have uncovered numerous errors and caused harm to Bradenton Beach. Over the coming weeks, the City had been advised to thoroughly review and rectify the post-hurricane work undertaken by Mr. Cushing. Regrettably, as senior staff has reviewed files and had discussions with Code Enforcement and the Building Department staff, the following has come to light regarding the performance of Mr. Cushing:
Leadership and Management Issues. The Building and Planning Department lacked effective leadership;
Absence of Written or Verbal Guidance. No written or formal guidance had been established or implemented for the Department;
Inadequate Response to the Public Inquiries. Failed to respond to a significant number of public email inquiries;
Neglect of Building Staff Requests. Repeatedly disregarded the requests of building staff for direction, leading to chaos and confusion within the Department;
Inappropriate Post-Hurricane Permitting Guidance. Provided improper post-hurricane permitting guidance to the community;
Influenced Decision-Making. Reversed and changed his decision-making and assessments on post-hurricane building matters based on pressure that he received from individual members of the public, homeowners, or businesses;
Overstepping Authority. Repeatedly acted outside the scope of his authority;
Issuance of Inappropriate Approvals. Issued land use and planning approvals exceeded his duty to administer the Florida Building Code;
Failure to Provide Critical Information. Failed to notify the West Manatee Fire District of crucial permit information;
Violation of State Law. As noted by SAFEbuilt, permits were issued in violation of State Law, e.g., issuing HVAC permits without requiring the elevation of outdoor equipment;
De facto Moratorium. Issued de facto moratoria on new development without proper notification to the City;
Lack of Post-Hurricane Experience. Lacked relevant experience in handling post-hurricane work required of building officials; and
Disregard of Elected Officials’ Requests. Disregarded requests and directives by the elected officials.
“It has become abundantly evident that Mr. Cushing was incapable of fulfilling the demands and responsibilities, particularly legally discharging the duties of the Building official under the laws of the State of Florida and Bradenton Beach,” the memo states.
“The only thing we agree on with Mr. Cushing is that it is time to move on. The City has a lot of work ahead of it to restore our post-hurricane community and are implementing changes to address past Building Department issues to strengthen and advance the needs of our community. In the ongoing efforts to enhance our community’s resilience, the City has made significant strides. We have secured the services of a seasoned Building Official with expertise in floodplain management, appointed a Floodplain Manager for independent oversight, and cultivated a collaborative partnership with the City of Holmes Beach.”
BRADENTON BEACH – The city has released a Jan. 22 audio recording from the meeting between Mayor John Chappie and former Building Official Darin Cushing in which Cushing was suspended from the city’s service.
Cushing met with City Attorney Ricinda Perry and Chappie, in part, regarding comments he had made on social media regarding his permit approval of the Drift-In tiki bar.
Perry said that Cushing was aware that the conversation was being recorded.
The city had been at odds with Cushing over his approval of the Drift-In tiki hut. The city maintained the permit should not have been issued and that the project had to be classified as a “major development” due to the tiki’s size.
In one Facebook comment, Cushing wrote, “I pretty much call ******** on the whole cockamamie affair! It was approved administratively and needed no more than that. But others aren’t getting their way (or that property) so I’m being asked to pull back my approval and force the owner to go through a ridiculous set of processes. Well, I am not taking this laying down, nor is the owner Derek (Williams). My job is actually in question over this and other things. I can’t afford not to work, unlike others involved. So, when it all hits the fan, be prepared to get some on your face!”
In the recording, Cushing said, “I feel like I’m being railroaded. I think there’s something going on. I don’t know what it is. If you want to railroad us out of here, then railroad us out of here. I’ll leave today. For some reason somebody doesn’t want me here and a lot of people in this town will say just the opposite. They’ll back me up 100%. They do like how I operate this building department, and I don’t know what’s going on after 18 years with the same contract, but now we need to reevaluate? That doesn’t make any sense to me. Makes no sense to me one bit, whatsoever. It sounds squirrely. Something’s up.”
Cushing was employed on a contractual basis in Bradenton Beach since January 2024 through a city contract with M.T. Causley, a subsidiary of SAFEbuilt. Following the suspension from the city, Cushing’s employment was terminated by M.T. Causley.
According to Longboat Key media reports, Cushing had been terminated as building official in 2017 for undisclosed reasons after two years as that city’s building official.
Cushing’s LinkedIn account shows that he was the Deputy Chief Building Official for the City of Palm Coast; Building Code Administrator-Construction Educator for SAFEbuilt for eight years beginning in 2017 and Senior Project Manager for Michael K. Walker and Associates for seven years beginning in 2017.
BRADENTON BEACH – Police Chief and Public Works Director John Cosby responded at a Feb. 20 commission meeting to allegations made by former Building Official Darin Cushing that he was pressured to approve permits by city staff.
“Cushing is claiming that certain staff members, or the whole team, that he was being pressured into approving major developments or homes,” Cosby said, adding that he spoke on behalf of senior management staff, not the mayor or city attorney. “There was nothing to approve. The building department was not accepting any plans or any permits of that caliber.”
“We in some way had a building moratorium that was never approved by anybody because we were not issuing anything and we were not accepting anything for review,” he said.
Cosby said the allegations represent the first time his character been called into question in his years in Bradenton Beach.
“The thing that I’m most upset about, I have been here for 37 years. My integrity has never, ever been called into play,” Cosby said. “This man has made accusations that he was being forced to do things that don’t exist. The bad part about this is he knows they don’t exist, because he’s the one that told them, the clerks, to put things on the back burner.”
The city never got information they requested from Cushing about numbers of permits completed or in the queue, he said.
Cosby said the city found inaccurate permits and permitting clerks said they had received no guidance from Cushing.
Cosby said Cushing approved permits for air conditioning units without the state-required elevation in flood zones, and those approvals are now causing turmoil among contractors.
“We could see that there was a problem,” Cosby said. “We kept asking him if he needed help and he responded that everything was under control.
“At every meeting Mr. Cushing would state that this was supposed to be his retirement job and he shouldn’t be working this hard,” Cosby said. “One day he made that comment, and I said maybe we should get a new building official.”
Sandpiper, Pines Trailer parks
After the hurricanes, Cushing told the emergency staff that the trailer parks were uninhabitable, because of FEMA guidelines, they had substantial damage and “had to go.”
Cosby said he looked at mobile homes at Sandpiper Resort Co-op.
“Water had come in through the door and all they had to do was mop up the water,” Cosby said. “This didn’t seem right to me.”
“They’re considering selling because they’ve been told that it’s done,” Cosby said. “I thought we needed to reevaluate this, so we did.”
Cushing and Steve Gilbert, the retired city building official called back into service by the city, took another look, Cosby said.
“Cushing then said the Sandpiper was “good to go,” so the city started the process of issuing letters that they could repair their trailers under the 50% rule,” he said.
“He told us the same thing in the beginning, about the Pines, ‘It’s no good.’ He brought up the FEMA rule,” Cosby said. “He said no, we can’t move forward with this.”
Cosby said he asked Cushing to get that message to Pines residents.
“Then we had the meeting at city hall. The people from the Pines came,” Cosby said. “The next day he tells city staff, ‘Everything is OK, we’re going to say that they’re not substantially damaged.’ ”
BRADENTON BEACH – Pines residents asked the city on Feb. 20 to deny any future land use or zoning change requests for the Pines Trailer Park by Pines Park Investors LLC or its manager, Shawn Kaleta.
Mayor John Chappie told The Sun that no such requests had yet been submitted, but City Attorney Ricinda Perry said at a Jan. 16 Community Redevelopment Agency (CRA) meeting that the property owner had confirmed the planned redevelopment of the parcel.
“I can tell you preliminarily it’s looking like some type of mixed-development that’s going to salvage as much of the character that’s there,” she said, adding that a rezoning would be necessary.
The Pines Trailer Park is currently zoned M-1, and according to the city’s Land Development Code, permitted uses are single-family mobile home units, manufactured homes, park trailers, preservation uses and conservation uses.
“Why is the city attorney talking to the CRA and media about redevelopment plans for the Pines?” Pines homeowner Elayne Armaniaco asked during public comment. “How is that her role? Why such a personal interest for her? Are you looking into the allegations that the city attorney is seen out socially and driving around with the largest land developer on the Island or the rumors that she lives in one of his properties? Why does it feel like she works for him or at the least they have a strong friendship? The conflict is so blatant.”
Victor Armaniaco asked the commission to deny any zone change requests.
“We elected all of you to protect us from an unfair treatment. You all have the power to maintain the current M-1 zoning and protect the charm and old Florida character of Bradenton Beach as well as our homes and investments,” he said. “What hardships does the LLC have that they should be granted a zone change? Over 96% of the units were allowed to rebuild without elevating and would rebuild if they knew the park would stay for long-term existence with generations to come. The LLC purchased a mobile home park so their desire to build something else on that property is a self-created hardship. Did you get elected in part to protect the character of Bradenton Beach? If you make it easier for a developer to change the zoning in unpopular ways, you are not doing your job.”
“The average home in the Pines Park is worth about $150,000 prior to the hurricane,” Pines homeowner John Shore said. “If I take that average of $150,000 times 86 trailers that’s approximately $13 million in value. They could be worth that amount again if they were allowed to rebuild.”
“There are 21 single women trailer owners, most of whom are on fixed income,” he said. “I have $165,000 in my trailer. As you know Pines Park Investors and Shawn Kaleta evicted us as of July 31. That means collectively the 86 trailer owners have lost $13 million. I’m 83 years old and that $165,000 loss really hurts.”
“In the past commission meetings, you said you wanted to help Pines Trailer Park in any way you could,” he said. “Well, there is a way. I ask that you deny any land use changes or zoning changes requested by Pines Park Investors and Shawn Kaleta and therefore force them to keep the trailer park for 3 1/2 years as a trailer park per Kaleta’s contract with the previous owners. If you approve their land use changes and zoning changes in the future you basically will be taking $13 million from 86 people.”
“I’ve been coming to this Island for 54 years,” Mary Moxx said. “I feel we have been disrespected at Pines. I’m a senior and have limited funds to continue. You want the zoning to change. Why? Ricinda, you remember the old ladies that found you crying on the steps of your gazebo after you told us we were condemned? We consoled you. You have not consoled us.”
“I’m hoping you understand that pain your residents are going through here,” Pines homeowner Sandy Seaver said. “Our eviction notice that we received a few weeks ago started with ‘due to a land use change, you are evicted.’ Was the letter from Mr. Kaleta incorrect? When I saw that my feeling was how can they do that without a public meeting?
“We really just want an honest, caring city government who puts its residents first, no playing games, no bending to money, transparency,” Seaver said. “We are the throwaways on the Island. We have been through hell. We feel that the fox is in the hen house. We ask that you put yourself in our shoes and allow us to move forward and show us some support. We’re fighting many battles in that park and we shouldn’t have to be fighting with you guys, too.”
Mayor responds
Following the close of public comment, Mayor John Chappie said, “Not a thing has been presented to this commission to change the zoning at the Pines. Nothing, whatsoever.”
“If something is presented to us, it would have to go through the whole process,” Chappie said. “There is not a single person up here that has said we want to get rid of the Pines.”
“I did make the comment to you Elayne (Armaniaco) that it does make a difference between a co-op and privately owned by an LLC,” he said. “It does make a difference when you’re looking at the legalities. I did not in any way, shape or form say I wanted to get rid of the Pines. I said just the opposite.”
He called the Pines Trailer Park a key part of the history of Bradenton Beach.
“We’re not the enemy up here, I swear to you,” Chappie said. “I pray on this every night. We want to keep the community quaint and lovely. It’s our home. It’s our neighbors. Is it going to be the same? No, it’s not because we had these two storms – these two major disasters. It breaks my heart.”
On Sept. 26, Hurricane Helene swamped mobile homes at the 86-unit waterfront trailer park. Former City Building Official Darin Cushing said in October that FEMA guidelines characterized the water intrusion as major damage but in December reversed that, following interior inspections, and allowed 83 of the 86 mobile homeowners the ability to repair their mobile homes.
On Jan. 4, mobile homeowners received notification from park owners Pines Park Investors LLC that the park was being closed. Homeowners found eviction notices taped to their doors on Jan. 24, notifying them of a July 31 deadline to vacate the park. Developer Shawn Kaleta is the manager of the LLC.
In a Jan. 27 letter to the Pines Trailer Park Homeowners Association (HOA), Pines Park Investors LLC offered to sell the mobile home park to the residents for $75 million.
Commissioners said they support the continued existence of the Pines, but don’t have the authority to interfere with private ownership of the park.
“My family has been on this Island for 45 years and I thought the Pines Trailer Park was the most adorable little trailer park and had so much character and it does break our heart,” Commission Deborah Scaccianoce said. “If there really was a way to stop an LLC and a private owner, we would.”
“As far as the Pines, I’ve responded to emails to several of the owners stating, I’d love to help you, but I don’t as a member of this commission have a legal right to interfere between an LLC and a property owner,” Commissioner Scott Bear said. “I wish I did. I don’t want to see a zoning change. I don’t want to see anything happen to the Pines. We’ll deal with that if it ever comes to this board. It has never been brought here.”
BRADENTON BEACH – Former city Building Official Darin Cushing alleges that he saw the city attorney and a well-known developer drive around the city together looking for hurricane-damaged structures and properties after Hurricanes Helene and Milton struck Anna Maria Island last year and pressured him to condemn them.
He also alleges the city attorney, mayor and police chief threatened his employment status on several occasions for not complying with permitting and inspection requests made by the developer.
Cushing made his public allegations during a town hall meeting that District 3 County Commissioner Tal Siddique held at the Island Branch Library on Feb. 13. During the meeting, Cushing handed Siddique a four-page letter that expands upon the allegations he made during the town hall meeting.
Siddique provided The Sun a copy of Cushing’s letter on Feb. 15. The next day, Cushing confirmed by email that his town hall comments and his letter pertained to Mayor John Chappie, City Attorney Ricinda Perry and Police Chief John Cosby. He did not name the developer.
“Based on this person’s track record of retaliation and lawsuits, I am hesitant to spell out a name. Regardless, no matter who the developer is, I was asked and even threatened with my job, to engage in unethical practice, which I refused to do,” he wrote The Sun in an email on Sunday.
Toward the end of his letter, Cushing wrote, “There is so much more I could tell you about the goings on, where there have been dealings with this developer and the city attorney and the mayor and many people can corroborate them. Including eyewitness accounts of the attorney and the developer driving through town following the storms, picking out houses and the developer asking me to condemn them; stating that he was told by the attorney that if we hurried up, the city was going to get the houses demolished and hauled away using FEMA dollars. I refused and only condemned properties that were either completely destroyed or in damage of collapse. Every time I refused to do his bidding, I was questioned by one of the three city staff about it, always with pressure being put upon me to just do it.”
Contrary to his statement about only condemning properties that were either destroyed or in danger of collapse, Cushing did issue a condemnation order to Tennessee resident and “Love Shack” cottage owner Dan Ibach on Oct. 31.
Unlike the neighboring cottage that was completely destroyed by Hurricane Helene, Ibach’s cottage suffered no structural damage and had already been boarded up and sealed off by the time Cushing issued the condemnation order.
According to Ibach, he then received a call from Perry, who said the city could likely assist with his demolition costs. Ibach told Perry his cottage was not condemnable and would not be demolished. He contacted his attorney and the condemnation order was soon lifted. Ibach’s beachfront property is located next to Shawn Kaleta’s Seabreeze at Anna Maria Inn property.
Gash Caudill also staved off the city’s condemnation of the duplex on Gulf Drive North he shares with his mother.
At the city’s request, Cushing was recently suspended, due in part to a hurricane restoration-related permitting dispute between the city and Drift-In bar owner Derek Williams; and due in part to Facebook comments Cushing made in defense of his administrative decision to issue Williams’ permits without city commission approval. Cushing was later terminated by the SAFEbuilt/M.T. Causley development services firm that has provided Bradenton Beach’s contracted building officials for nearly two decades.
Town hall comments
The town hall discussion about Bradenton Beach began with Williams commenting on the delays he’s encountered trying to repair, renovate and reopen the Drift-In.
Drift-In owner Derek Williams shared his concerns during the town hall meeting. – Joe Hendricks | Sun
“I have a permit. The building official (Cushing) that worked on my project is sitting in this room. I worked with him, the city planner, the code enforcement folks. I went through every step and all I’ve gotten is government overreach, private property issues. I tried to follow every letter of the law.
“It’s definitely a land grab. Somebody needs to step up and say that’s wrong. All the way along, this is a back-to-back disaster. This is third-world stuff and it needs to be addressed as the highest level. It’s absolutely a tragedy. It is a clown car show but it’s hurting real people,” Williams said.
Speaking next, Cushing said, “I’m the person who issued Derek’s permit. It was done properly. It was done correctly and it was done by the book.”
He then referenced the letter he later handed to Siddique and said he would hit the high points rather than read the entire letter aloud. He noted he’s been a licensed building official for 25 years and a certified floodplain manager for longer than that.
“I’ve been there since December of 2023. There has been constant, constant threats to me,” he said. “I know what I’m doing. We were getting things done, we were moving forward, we were doing things the right way. But every time that I didn’t do that for a particular developer – and you all know who I’m talking about – I was threatened. I was threatened by the mayor, the attorney and the police chief: ‘Do we just need to get another building official. Why won’t you do this for him?’ Things that were illegal,” Cushing said.
“I have a code of ethics I have to follow and I don’t want to lose that license. That’s my livelihood. I lost my job now and the company I worked for fired me too because I retaliated about the things that were being said about me – slanderous things they said about me and those things are not true. There’s dirty stuff going on in that city and somebody needs to look into it,” Cushing said.
“Our state statute says that I, the building official for that jurisdiction, will perform the duties under my responsibility without interference from any person. Not the mayor, not the city attorney, not anybody,” Cushing said.
County Commissioner Tal Siddique received a letter from Darin Cushing. – Joe Hendricks | Sun
Siddique said he’s been following The Sun’s reporting on the Drift-In permitting issues and other concerns being reported in Bradenton Beach.
“I have not been able to get in contact with anyone from Bradenton Beach. I have not had one phone call back from Bradenton Beach since November. I left a voicemail this morning. I have no idea what the hell’s going on,” Siddique said.
Cushing said he recently interviewed for a position with Manatee County but he fears the “slanderous things” said about him may impact his ability to get a job.
Cushing’s letter
Regarding the start of his tenure in Bradenton Beach, Cushing wrote, “A certain developer, whom I’d known from my time as building official of Longboat Key, began asking me to issue permits that had been placed on hold for various reasons by the previous building official (Steve Gilbert). I reviewed the permits and told the applicant what needed to be done in order for the permits to be released.
“Several times over the next few months, I would get questioned by the city attorney, the mayor and several times by the police chief about what was holding this developer’s permits up. Each time, I would explain what needed to be done, but at the same time felt pressured to just give him his permits.”
Marina
Cushing’s letter addresses the stop-work order he issued to the owner of the Bradenton Beach Marina, developer Shawn Kaleta, when a new bar opened there.
“It had been built and the opening announced with no permits for construction, nor did they have a liquor license. Within hours, the developer called me and said, ‘I talked to the city attorney and the mayor and they’re all good with it.’ ”
According to his letter, Cushing told the developer this was not the attorney or mayor’s decision to make and he would still need to obtain all the needed permits and inspections before the stop-work order was lifted.
Pines
Regarding the hurricane-damaged Pines Trailer Park (owned by Kaleta and investment partners), Cushing wrote, “Following the hurricanes, I was immediately asked for the damage assessment status of the Pines by the developer. He also asked me if I would go ahead and condemn the whole park. I responded that I could not do that and that a proper damage assessment needed to be done.”
His letter notes it was later determined that only a few mobile homes needed to be condemned and the rest could be rehabilitated.
“I was asked no less than 10 times, by either the developer, the attorney, the mayor or the police chief, if I was going to write to the Pines (mobile home) owners and tell them they were done.”
Regarding the Drift-In permitting issues, Cushing acknowledges he erred in not routing the tiki bar permit to the fire marshal for an initial review of the tiki structure and its roof materials.
Cushing’s letter says the city received approximately 10 change of contractor forms from “said developer” a few days before he was suspended. According to Cushing, he told the developer he would not issue the change of contractor permits until all needed documents were correctly completed.
“Two days later, in a senior staff meeting, I was essentially threatened by all of the senior staff – attorney, mayor and police chief – that I needed to release those permits to him; or again, ‘maybe we need to get a different building official,’ ” Cushing states in his letter.
Mayor John Chappie and City Attorney Ricinda Perry are alluded to in Darin Cushing’s four-page letter. – Joe Hendricks | Sun
Regarding the city attorney and a developer driving around town looking for properties to condemn, Cushing told The Sun on Sunday, “I personally witnessed them driving around together and other people (residents and city employees) visibly witnessed this happening on multiple occasions following the storms. Several owners told me verbally that this had happened to them.”
No response from city
On Feb. 14, The Sun asked Chappie if he wanted to comment on the town hall allegations Cushing made about being threatened by the mayor, city attorney and police chief. Chappie said he had no comment.
On Feb. 15, The Sun sent Cosby a text message containing a link to the town hall meeting video and seeking his comments on Cushing’s allegations. Cosby did not respond.
On Feb. 16, The Sun sent an email to Chappie, Perry and Cosby seeking their comments on these allegations. The email included a link to the archived town hall meeting video and a copy of Cushing’s letter. As of press time, The Sun had not received a response from the city.
The archived video of the town hall meeting can be viewed on YouTube by searching for “Tal Siddique Town Hall @ Island Branch Library.” The Bradenton Beach discussion begins at the 22-minute mark and continues to the 40-minute mark. The letter can be viewed in its entirety below.
(Sun reporter Leslie Lake contributed to this story)
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.
Drift-In owners Helena and Derek Williams speak to commissioners at a Jan. 28 work meeting. From left are Commissioner Deborah Scaccianoce, City Attorney Ricinda Perry and Helena and Derek Williams. – Leslie Lake | Sun
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.”
BRADENTON BEACH – In a Jan. 24 letter, City Attorney Ricinda Perry outlined the city’s reasons for the Jan. 21 suspension of Building Official Darin Cushing and is asking his employer to provide a replacement for the city.
The letter, which was addressed to Matthew Causley, president of M.T. Causley, was shared by email with city officials and The Sun. M.T. Causley is a subsidiary of SAFEbuilt Inc. and provided Cushing’s contractual building official staffing to Bradenton Beach.
The city’s reasons for what Mayor John Chappie characterized as Cushing’s “temporary suspension,” center around the Building Official’s approval of a permit for construction of a tiki hut structure at Drift-In on Bridge Street as well as various social media posts.
According to Perry’s letter, “The project at issue was for the Drift-In located on two parcels at 120 and 122 Bridge St. The project on the 120 Bridge St. parcel consisted of an outdoor structure that Mr. Cushing determined was a Chickee Hut, exempt from the Florida Building Code pursuant to Section 553.73 (10) Fla. Stat. He approved the structure with the following notable issues:
1. 450% larger (24’x54’) than the prior structure (13’x15’+3’ overhang);
2. Decreased parking spaces that were previously part of the site;
3. Allowed the replacement structure to be placed back into an easement granted to the City; and
4. The “Chickee Hut” contained non-wood features such as nails, screws, a concrete floor, outdoor bar, stage area, as well as electrical and plumbing work incorporated into the structure.
These proposed improvements fall outside of the Section 553.73 (10) exemption.”
On Jan. 21, Mayor John Chappie and Perry met with Cushing. Perry’s letter states that Cushing was asked about the intent and purpose of public comments he made on social media and said that instead, Cushing redirected the conversation to the tiki hut permit.
According to Perry’s letter, Cushing stated at that meeting: “I’m out. I’m requesting to be out of here. I want to tell SAFEbuilt to send another different building official here. They’ve already got a position for me elsewhere. So, it’s because now it feels like a hostile working environment.”
At that point, the letter states that Chappie advised Cushing he was suspending his service and would be contacting M.T. Causley for a replacement building official.
The city commission approved Cushing’s contract as building official on Jan. 23, 2024. He has been a licensed building official since 2005.
Cushing declined to comment on Perry’s letter.
Perry’s letter cited the following reasons for Cushing’s temporary suspension:
ULTRA VIRES ACT (ACTING OUTSIDE THE SCOPE OF AUTHORITY)
“The city is of the opinion that the issuance of an administrative development approval to Drift-In, for the installation of a structure that Mr. Cushing deemed to be a Chickee Hut, as exempted by Florida Statutes, was improperly categorized as such, and should not have been approved until a major development hearing was conducted by the Planning and Zoning Board and City Commission.”
Perry wrote that Cushing’s administrative approval of the structure was outside the scope of his authority, and he failed to adhere to the municipal laws in the city’s Land Development Code.
According to an exhibit attached to Perry’s letter, Cushing stated in a social media post, “It was approved administratively and needed no more than that. But others aren’t getting their way (or that property) so I’m being asked to pull back my approval and force the owner to go through a ridiculous set of processes.”
DISREGARDING DIRECTION FROM MAYOR
“Mayor Chappie proactively advised Mr. Cushing to refrain from issuance of any permits immediately following the approval of a demolition permit for the property at 122 Bridge, because of active legal discussions between the city attorney and the attorney for the Drift-In,” the letter states.
The letter states that Cushing issued the administrative development approval without informing anyone in the city.
“Upon seeing redevelopment work and repairs at the Drift-In on Dec. 13, 2024, Mayor Chappie immediately contacted Mr. Cushing by phone and in writing to advise him of a number of concerns that he had in order to protect the city stating, ‘“[t]he Cities [sic] Land Use Right and the Drift-In’s Land Use Rights must be protected, and proper policy and procedures must be followed. The City must operate in accordance with the policy mandates of the Commission. All proper documentation must be in place to protect the city from any FEMA issues and the Cities [sic] easement issues must be addressed by the commission prior to any additional work.”
A copy of the written notice from Chappie was attached to the letter.
“Mr. Cushing disregarded all advice given by Mayor Chappie,” the letter states.
FAILURE TO ADHERE TO PROCEDURES AND NOTICE TO REVIEWING AGENCIES
Perry’s letter stated: “The failure to notify any of the reviewing agencies i.e. WMFD (West Manatee Fire District) violated the procedures of the Building Department and came at a cost to the property owner. Mr. Cushing did not provide any information nor the plans for review to the West Manatee Fire District (“WMFD”), the City of Bradenton Beach Police Department, nor the City of Bradenton Beach Public Works, as required in the approval process.”
“During a 12/19/24 Commission Meeting where an update was provided on the Drift-In matter, a directive by the city commission to notify WMFD was directed to Mr. Cushing, who made the following statement: “I know the Fire Marshal is aware of the situation, but I will bring this new information to him today and see if he needs to put an approval on it. However, during the WMFD meeting a month later on 1/14/25, Chief Rigney and Fire Marshal Kwiatkowski stated that they learned of the Drift-In project through social media and had not been provided any municipal notice, nor a copy of the permit application. The Fire Marshal was obligated to red tag the property and found that the thatched roof was in violation of the standards and regulations promulgated by the District. Accordingly, the new roof would have to be removed and replaced with synthetic thatched materials, which may have been avoided with notice to WMFD.”
According to a social media post attached to Perry’s letter, Cushing had written, “I will take ownership of not routing to WMFR, but the Fire Marshal and I immediately had a conversation about it and agreed on a game plan. Then he came out and red tagged it, at whose direction? The whole thing stinks to me… I may be wrong… but I’m usually not.”
FAILURE TO ADHERE TO AND PROTECT THE INTEGRITY OF FEMA/FLOODPLAIN POST-STORM EVENT
“The cessation of securing a permit for property improvements/repairs at 120 Bridge St. violates a number of policies of the City, the Land Development Code, and, in light of the post-hurricane floodplain/FEMA compliance, likely violated the substantial damage and substantial improvement procedures,” Perry stated in the letter.
“As noted by the Fire Marshal on 1/14/25, the second structure located at 122 Bridge St. had undergone extensive renovations including electrical, plumbing, restroom reconfigurations, windows, doors, concrete, painting, flooring, HVAC work. No permit was required by Mr. Cushing for any of the work until a meeting with WMFD, wherein the City Attorney and the WMFD Fire Marshal requested for one to be applied for and reviewed by the Building Department and the appropriate agencies,” Perry’s letter states. “As directed by FEMA Floodplain Management and Insurance Specialist, Braydon Williams from the U.S. Department of Homeland Security, every single improvement to any property, including minor repairs such as repainting an interior wall, triggers the need in a post-storm event for a permit in order to properly and legally capture substantial damage and substantial improvement matters. Failure to do so is grounds for non-compliance and audits.”
SOCIAL MEDIA
“The actions of Mr. Cushing to engage in salacious social media postings with slang profanity terms is improper and harmful to the City of Bradenton Beach. The City is aware of no less than half of a dozen comments on social media that contained factual misstatements, made declarations adverse to the best interest of the City, incited the public against the City, and made statements that could be taken as threats against the City ‘[s]o when it all hits the fan, be prepared to get some on your face!’,” Perry’s letter states.
She stated that one additional posting by Cushing pending his temporary suspension casts a negative light on the City of Bradenton Beach.
“I requested the assistance of Paul Featherston to address any written or verbal statements by SAFEbuilt, M.T. Causley or its agents that could be defamatory in nature with the public or press. We would again emphasize the importance of maintaining a level of professionalism that does not negatively impact the reputation of the City or SAFEbuilt/M.T.Causley,” Perry stated in the letter.
Featherston is the West Coast/Central Florida Regional Operations Manager at SAFEbuilt.
THE CITY’S REQUEST FOR REPLACEMENT BUILDING OFFICIAL
“Mayor Chappie has contacted Mr. Featherston each day this week since Mr. Cushing has left the service of the city and has been advised that options are very limited,” Perry’s letter states. “Time is of the essence—especially in the aftermath of the two storm events that greatly impacted our community. If SAFEbuilt is unable to provide the services needed and contracted for by the city, please advise immediately.”
None of us on Anna Maria Island born since the storm of 1921 have ever been through anything like the hurricanes of 2024, Helene and Milton, including building officials.
We had our hurricane plans in place, such as they were, but found ourselves overwhelmed and struggling to meet our most minimal survival needs, with some obligations taking a back seat to simply finding a place to eat and spend the night.
Bradenton Beach was by far the hardest-hit of Anna Maria Island’s three cities, so comparing what they did in Anna Maria and Holmes Beach is not fair to Bradenton Beach Building Official Darin Cushing.
He was faced with inspecting hundreds of buildings, some of which had floated down streets and fallen over sideways and collapsed with only the roof showing, while the worst damage to the north initially observed by reporters after Hurricane Helene was a house fire.
With little help in the early days after both hurricanes hit the Island, he was undoubtedly overwhelmed like the rest of us, but showed up to a hazardous workplace where buildings threatened to collapse and vehicles took on nails in their tires and got stuck in sand dunes that had been transferred from the beach to the neighborhoods.
In short, it was a disaster area.
It remains to be seen if Cushing made a mistake or was negligent in applying the statutory Native American exemption for chickee huts at the Drift-In on Bridge Street, which the city has suspended him for.
Any shortcomings in the application of the statute could potentially be reversed, such as taking out plumbing and electric and clearing the easement.
Cushing has suggested in Facebook posts that there is far more to it than that, and there usually is. The Tuesday, Jan. 28 city commission meeting at 9 a.m. at city hall may shed more light on the issue.
But at minimum, we expect the city to presume Cushing’s innocence and give him an opportunity to clear his name in a fair and impartial hearing before making a rush to judgment and terminating his employment.
And we thank him for his service during this difficult time.
Mayor John Chappie clarified his comments to The Sun on Jan. 24 that Cushing is temporarily suspended, not temporarily terminated as originally reported.
BRADENTON BEACH – The city temporarily terminated the contractual services of Building Official Darin Cushing on Jan. 22 pending discussion at the next city commission meeting.
“Temporarily suspending his services pending talking with the commission and M.T. Causley and that’s all I can say,” Mayor John Chappie said.
The next scheduled regular city commission meeting is Thursday, Feb. 6 at 6 p.m.
Cushing declined to comment on the suspension.
Cushing is a contractual employee who works for SAFEbuilt Inspections. M.T. Causley is a subsidiary of SAFEbuilt. The city has a contractual agreement with M.T. Causley to provide building official services.
Chappie did not give a reason for the suspension, but the city has been at odds with Cushing over his approval of a permit for the tiki hut at the Drift-In on Bridge Street.
At a Jan. 16 city commission meeting, City Attorney Ricinda Perry said that the permit should not have been issued based on factors that included the city-owned easements on the property as well as the size of the new structure.
“This was administratively approved and it should have gone through a public hearing,” Perry said. “Legally, I believe it should have been a major development.”
A major development application must first go through a Planning and Zoning Board hearing and then return to the commission for a public hearing.
Cushing wrote on Facebook on Jan. 21 in part: “It was approved administratively and needed no more than that. But others aren’t getting their way (or that property) so I’m being asked to pull back my approval and force the owner to go through a ridiculous set of processes. My job is actually in question over this and other things.”
In Cushing’s absence, permits and inspections will continue in the city, according to Chappie.
“Hopefully, somebody will be here today from M.T. Causley and we’ll try to run business as normal as possible in the interim,” Chappie said.
A city commission work meeting has been scheduled for Jan. 28 at 9 a.m. to evaluate the current model of contracted building department staff versus city employees.
On Jan. 21, Cushing posted on Facebook, writing in part:
“Come on out to the City of Bradenton Beach ‘work meeting’ on 1/28/25 if you truly believe that I’ve done a good job as building official,” he said, adding, “They’re trying to take me out to bend over for developers. I will not compromise my integrity or my license.”
Drift-In owner Derek Williams, who serves as president of the Bradenton Beach Merchants Association, posted on Facebook in support of Cushing. He asked the business community to attend the Jan. 28 meeting.
“Sticking together as business and property owners has never been more important. You might be aware there is a special ‘WORKSHOP’ scheduled on 1/28 at 9 a.m. regarding the building official and his permitting of the renovations at Drift-In AMI. The city has determined that the work is deemed a major development and not consistent with the approvals given by the city planner and city Building Official Darin Cushing. The city would like to discuss the status of an independent contractor versus an employee in the capacity of the building department. My thought is the business community needs to be present. If you can make it, we would love to see you there.”
The work meeting is scheduled for Tuesday, Jan. 28, at 9 a.m. at the Katie Pierola Commission Chambers, 107 Gulf Drive N.
BRADENTON BEACH – Following discussion at a Jan. 16 city commission meeting about a possible restructuring of the city’s building department, commissioners decided to meet on Tuesday, Jan. 28 for a work meeting on the subject.
The city has been at odds with Building Official Darin Cushing over his issuance of a permit for the Drift-In tiki structure on Bridge Street.
“Right now, we are currently under a contractual agreement with SAFEbuilt to provide a building official and planner,” Mayor John Chappie said. “This is opposed to the way it used to be with a department head as employees of the city.”
Chappie said over the years, the system of contracting has worked out for the most part, but said he would like commissioners to evaluate the return of the building department positions to the city.
“The past four or five months have been very challenging as we all know,” Chappie said, citing the importance of having department heads at emergency team meetings.
Cushing serves as the city’s building official with Luis Serna as land planner. Both are contractual roles.
Commissioners approved a contract for Cushing on Jan. 18, 2024 as city building official following the Dec. 15, 2023 retirement of former building official Steve Gilbert. Cushing has been a licensed building official since 2005.
“There’s some differences that need to be addressed so that we can function a lot better for our community and our property owners,” Chappie said. “There’s been some concern and bumps in the road that made it a little more challenging than it needed to be at times. I want to set up a work meeting so we can take action and discuss the overall functions of the building department and the comparisons to actually having an employee.”
City Attorney Ricinda Perry noted that as a contractor, Cushing does not have the same authority over the building department as a department head.
“There’s this whole reassessment of what is working and what isn’t working and how do we properly supervise the department,” Perry said. “You need somebody who has that authority under the employee handbook. I will tell you by state statute the building official is the chief code enforcement officer for a municipality.”
She said the hurricanes magnified weaknesses and also shed some light on the strengths of an independent contractor.
“This department is under a tremendous amount of demand right now, a very high level of demand and that department is under tremendous strain. They are in our next phase of recovery and a critical component for getting permits turned around so people can return to their normal life,” Perry said. “It is also critical for turning over the properties that are damaged and are being redeveloped or rebuilt for purposes of getting those properties back on the tax rolls.”
Prior to the November return of Gilbert and the arrival of a team of 20 inspectors provided by the state to assist with damage assessments, Cushing had been tasked with evaluating the damage to hundreds of storm-affected homes citywide since Hurricane Helene on Sept. 26.
Perry asked the commission to assess whether the city needs more resources or restructuring to go back to an employee scenario.
“We need to get information from you as to what you need and solve the problem, but I agree with the mayor that a separate work meeting is needed at this point, it’s critical,” Perry said.
“I believe this is something that needs to be discussed and addressed,” Commissioner Deborah Scaccianoce said.
Commissioner Scott Bear asked what the expectations are from those under contract.
“Prior to the meeting we’ll look at their contract to see what services they’re supposed to be providing,” Bear said. “That would help us understand what we’d want from any employee as well.”
A work meeting is scheduled for Tuesday, Jan. 28 at 9 a.m. at the Katie Pierola Commission Chambers, 107 Gulf Drive N.
BRADENTON BEACH – Another Bradenton Beach homeowner has successfully fought the city’s condemnation of his hurricane-damaged home.
In November, Bradenton Beach resident Gash Caudill got the condemnation order rescinded for the ground-level duplex he and his 84-year-old mother share.
Knoxville, Tennessee resident and oncologist Dr. Daniel Ibach has now done the same for the small, ground-level, beachfront cottage he and his wife, Courtney, own at 2216 Gulf Drive N. After purchasing the cottage in 2007, the Ibachs renamed it “The Love Shack.” The cottage serves as their vacation home and as a vacation rental managed by Mike Norman Realty. The Ibachs also own five nearby non-beachfront residential structures.
“The Love Shack” looked like this before Hurricane Helene hit in late September. – Courtney Ibach | Submitted
The Ibachs returned to Bradenton Beach on Oct. 2 to assess the damage Hurricane Helene inflicted and they brought a work crew with them.
“ ‘The Love Shack’ lost its front window and did have some water inside, but structurally it was sound,” Daniel Ibach said. “We got into the house, removed the furniture and started cleaning. We boarded up the damaged window and had the house ready for inspection by the city by the time we left.”
“The Love Shack” was damaged by Hurricane Helene’s storm surge. – Joe Hendricks | Sun
The Ibachs have flood, wind and homeowners’ insurance on each of their Bradenton Beach properties. As their successful insurance claims moved forward, they awaited a city inspection as part of the repair permitting process.
Courtney and Dr. Daniel Ibach love spending time at “The Love Shack.” – Joe Hendricks | Sun
On Oct. 31, Building Official Darin Cushing placed a red condemnation notice on the cottage’s front door.
“This structure is hereby condemned and must be demolished and removed,” the notice said.
“Storm damage beyond repair” was listed as the reason.
Dated Oct. 31 and signed by Building Official Darin Cushing, this condemnation notice was placed on “The Love Shack’s” front door. – Submitted
On Nov. 4, Ibach received a photo of the condemnation notice from his property manager.
“I was in shock,” Ibach said. “I didn’t get a phone call saying we need to investigate this and I knew no one had been in the house because the property manager would have had to let them in.”
There isn’t any hurricane damage visible from the Gulf Drive side of the cottage. – Joe Hendricks | Sun
Ibach called his contractor and the contractor called the building department the following day to schedule an inspection. On Nov. 6, Ibach received a call from City Attorney Ricinda Perry.
“She said the city has access to funds to pay for, or help pay for the demolition and she could expedite that process for me,” Ibach said. “I knew my house was not condemnable. I told her I did not want her help tearing down the building and I would be contacting my lawyer. It’s intimidating for a city attorney to call you and say we can help you tear your house down. I was very concerned at this point.”
Ibach contacted his attorney and his property manager. According to Ibach, Perry met the property manager at the cottage the following day and was allowed inside. Ibach said his attorney and Perry spoke on the phone on Nov. 8 and Perry said the condemnation order was rescinded.
“They knew my lawyer was recording the conversation. We have proof that they said it’s not condemned,” Ibach said.
Ibach’s attorney then sent Perry a letter seeking written acknowledgement that the condemnation was rescinded. As of Dec. 8, that written acknowledgement had not yet been received.
When contacted by The Sun on Dec. 2, Cushing explained the Oct. 31 condemnation.
“This was another case in which I could barely see the building in the first few days after the storms. It was buried in sand and the house just a few feet to the south (Dick Kuhlman’s “3 Pines Cottage”) was totally destroyed,” he said by email.
This photo was taken inside “The Love Shack” on Oct. 5. – Joe Hendricks | Sun
Regarding potentially premature condemnations, Ibach said, “This should be something the city takes very seriously. It would be refreshing to have the city come alongside its members and help. But my feeling was they came alongside my house to see if they could get it torn down. That’s not helping me.”
Ibach said he wouldn’t have sold the beachfront property even if the cottage had been condemned and demolished.
“I would immediately start building something else,” he said.
“The city should protect their constituents. If they have to condemn a house, that’s the last step they should take, not the first. I’m blessed that I can say, ‘No, I’m not going to let you do this to me,’ but a lot of people don’t have the wherewithal to fight this and some will think they have no other options. Demand an inspection and get your own inspection to refute the city’s inspection if you don’t think it’s correct.
“I encourage people to stand up for their rights. One of the hallmarks of the United States of America is that we have private ownership and private property and we are allowed to defend our property with our lives,” Ibach said.
BRADENTON BEACH – City Building Official Darin Cushing has released a list of 25 condemned properties in the city.
It is the only city on Anna Maria Island where properties have been condemned after Hurricane Helene and Hurricane Milton hit in September and October, disproportionately affecting the southernmost city on the Island.
“I have forwarded this list to our attorney (City Attorney Ricinda Perry), and she is supposed to be drafting a letter to send out to each of the property owners .I’m not sure if she has done this as of yet, ”Cushing stated in his Dec. 2 email to The Sun. “The house that floated down 12th Street S. (1201-A Gulf Drive S.) was already demolished and removed, since it was in the road.”
Three houses already have been demolished by the owners, 2301 Ave. B, 300 23rd St. N. and 304 23rd St. N.
Demolition permits have been applied for at 2000 Gulf Drive N. and 2004 Gulf Drive N.
The other properties on the list are:
201 Gulf Drive S.
306 Gulf Drive S.
401 Gulf Drive S.
403 Gulf Drive S.
501 Gulf Drive S.
807 Gulf Drive S.
1303 Gulf Drive S.
1207 Gulf Drive S.
1203 Gulf Drive S.
1201 B Gulf Drive S.
303 Gulf Drive N.
305 Gulf Drive N.
1200 Gulf Drive N.
1202 Gulf Drive N.
2214 Gulf Drive N.
2301 Gulf Drive N.
100 Fourth St. S.
100 Ninth St. S.
103 12th St. S.
The city of Bradenton Beach condemned 25 properties due to damage from hurricanes Helene and Milton. Many were clustered together and are represented by single markers. – Apple Maps | Submitted
The demolition and removal of condemned properties came up at a Dec. 4 city commission special emergency meeting.
“My biggest concern right now is getting to those homes that are off their foundations or collapsed or leaning over,” Police Chief and Public Works Director John Cosby said.
Commissioner Jan Vosburgh asked if the homeowner is responsible for the demolition and removal of condemned buildings.
“Yes, we do not go on private property,” Cosby said.
“I’m working with Ricinda (City Attorney Ricinda Perry) to get a letter out to individuals,” Building Official Darin Cushing said. “There’s probably 20 that we deemed condemned because they were just a danger and a hazard.”
Vosburgh asked if insurance companies will cover the cost of demolition and removal.
“This issue is quite a few don’t have insurance. These homes have been in the family for generations, so they never purchased any flood insurance, they just have fire insurance and just felt if something happened, something happened, and now of course something happened,” Cosby said. “And now they don’t know what to do and don’t have the funds to do it. The bottom line is, it’s got to be up to them.”
Cosby said those homeowners may have the option to sell the property at a lower cost.
“We, at some point if they don’t comply, will wind up taking them to court,” Cosby said.
“Originally FEMA had put out some guidance that they were going to help cover this cost. We researched it a little better and it’s not quite what it seems it was going to be,” Cosby said. “What they’re doing is, if your house is insured through the Flood Insurance plan, they will offer the homeowner a $30,000 grant to remove that house and also help them construct a house to code.”
This condemned home along Gulf Drive North, near the Cortez Bridge, suffered substantial hurricane damage. – Leslie Lake | Sun
Bradenton Beach participates in the nationwide Community Rating System (CRS). The CRS is a voluntary incentive program that encourages and recognizes the community floodplain management practices that exceed the minimum requirements of the National Flood Insurance Program, according to the FEMA website.
“In CRS communities, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community’s efforts that address the three goals of the program: Reduce and avoid flood damage to insurable property; strengthen and support the insurance aspects of the National Flood Insurance Program; and foster comprehensive floodplain management,” the FEMA website states.
Cosby outlined an example of why it’s critical for the city to comply with the CRS guidelines.
“Five cities down in Lee County got put basically on probation. They lost 25% of their flood insurance. So, if you had a $100,000 flood insurance policy it just went to $75,000 because they violated the build back (rule),” Cosby said. “That’s why it’s so important that we follow this process on the 50/50 rule.”
“I know a lot of people are upset about it but everything that is put in by the state people as they track what Darin and Steve (former Building Official Steve Gilbert) are doing goes directly to FEMA so they see it,” he said. “So basically, these five cities have been told that if they don’t come within compliance, they will lose all their flood insurance, and nobody will be able to get a flood insurance policy in those municipalities.”
Cosby said homes that were elevated and in compliance with current codes received very little damage in the recent hurricanes.
“There’s absolutely no damage to those buildings at all,” he said. “It does work and unfortunately, it’s costly and if you can’t afford it, that’s when the issue comes in. Those people whose houses are up higher and they’re in compliance, why should they lose their insurance because others won’t or can’t make that happen?”
Cosby said it’s up to local governments to follow the appropriate guidelines.
“If you’re not following those guidelines, you’re going to get nailed and we can’t afford that to happen,” he said. “It’s too costly for our homeowners that still have insurance. We don’t want to get in that situation.”
BRADENTON BEACH – Preliminary data from hurricane damage assessments may offer some hope to mobile homeowners at the Pines Trailer Park and Sandpiper Resort Co-op.
At a Dec. 4 emergency city commission meeting, Commissioner Deborah Scaccianoce asked Building Official Darin Cushing if inspectors had completed damage assessments at the mobile home parks.
“The trailer parks I can tell you are probably much better off than a lot of people were worried about,” Cushing said. “There are, I would say, only maybe three or four at the Pines that are above and beyond the 50%, the rest are below. The Sandpiper, same deal, maybe three or four there and one of them is already in the process of permitting a new elevated trailer there.”
One Pines Trailer Park mobile home was severely damaged in hurricane – Leslie Lake | Sun
The 86 mobile homes at the waterfront Pines Trailer Park had varying levels of water intrusion during the storm surge from Hurricane Helene in September.
At an Oct. 17 city commission meeting, mobile homeowners were told that FEMA guidelines related to hurricane flooding triggered a city floodplain ordinance requiring elevation of the mobile homes if the cost to repair those structures to their pre-storm state exceeded 50% of their market value.
Cushing, former Building Official Steve Gilbert and a team of 20 damage inspectors provided by the state assessed hurricane-damaged properties city-wide.
“People have to understand we’re following the process,” Cushing said. “We have to follow federal guidelines and stay in compliance with our Community Rating System and NFIP (National Flood Insurance Program) guidelines.”
Following the Dec. 4 meeting, Cushing told The Sun, “Preliminary data coming back from the inspectors looks like most of the Pines and most of Sandpiper parks are going to be in OK shape. They’re going to be able to keep them as they are.”
Cushing said some homeowners will need permits to do some of the repair work.
“That will chip away at some of their 50% looking forward, but it’s a year period, they could do work on it and keep it under 50% for the next year and then after that year’s over they can do more,” Cushing said.
Pines homeowner Ryan Pfahler owns three units at the mobile home park. He resides in one and rents the others.
“I’m not surprised at all,” he said on Dec. 5. “The appraisals have come in fairly high, and we expected most of the trailers would come in under the 50% rule.”
Pfahler said he is reluctant to spend money on appraisals or repairs without a commitment from the ownership that the park will remain in place for at least several years.
“I’m still waiting for answers from the LLC,” Pfahler said. “I don’t want to spend any money on them unless I can live in it and rent them immediately.”
Pfaher said others in the park have told him they are also hesitant to spend money to repair their mobile homes.
“I am not alone in my opinion,” he said. “Most of the people in the park don’t want to put another dime in without a guarantee.”
A representative for park owner Pines Park Investors LLC who did not wish to be named said the LLC is still waiting for official information from the city.
At a Nov. 7 city commission meeting, Shawn Kaleta, one of the park owners, said: “I’ve made a commitment to the residents from our side to keep the park there whatever it can be inside the code. I think that’s a vital part of the community, having residents and having everybody in that community as it exists.”
Privacy choicesWe use Google Analytics to understand readership and improve the website. Analytics cookies are optional and can be accepted or declined.Privacy Policy
