Issue link: https://newsleader.uberflip.com/i/285258
involved with the construction of a commer- cial site, such as this, from beginning to end that know what needs to be done in order to comply with code, the land development regulations, the fire [code], utilities and so on and so forth." He reiterated, "It's not normal for us to have to provide a checklist of things to be completed." Yantorno added that he handled TCOs for 12 years before his deputy, Kathleen Croteau, took on that responsibility, "and I never had to provide a checklist." Yantorno has been the county's building offi- cial for four years, he testified. Croteau, to his knowledge, also never has had to provide a punch list, he added. Yantorno explained that he and representa- tives of each department or division that was involved with items remaining to be com- pleted at Bob's Boathouse participated in drawing up the list to make clear what had to be done before a CO could be issued. According to testimony during the hearing, the number of items remaining to be com- pleted has fallen from 25 on Dec. 31, 2013 to 12. In response to questioning from Pearce, Yantorno said the checklist was reduced from 25 to 18 between Dec. 31 and Jan. 31. When Pearce asked whether he would con- sider that to have been "substantial progress," Yantorno responded, "You can't just look at the numbers … because some of these things are big items." When Pearce suggested the items removed during that period might have been easier to finish, Yantorno said that was how he would characterize the situation. However, Aker countered that when the TCO was issued on Oct. 31, 2013, "It did not state you have to show anything." By the end of January, Pearce told the mag- istrate, county staff could determine that only two or three of the punch list items had been completed. Aker responded that when Bob's Boathouse sought its first extension of the TCO, in late November, that was granted. "There was absolutely no test for performance." It was only in late December, Aker said, that county staff began pointing to the punch list as an issue — after the County Commission discussion in early December. Special Magistrate Wittmer told Aker, "The request for a TCO is discretionary. You don't have a right to a temporary Certificate of Occupancy. There is no established right under the [building] code to have one granted under any certain circumstances." She continued, "Additionally, I don't find based upon the letters that have been issued [to Bob's Boathouse by county staff], the receiv- ing or granting or denying of the Temporary Certificate of Occupancy to establish a 'test' that … provides definitions of standards. … If you haven't made substantial progress and used good faith efforts [to complete the punch list items], perhaps it's up to the building offi- cial to deny the request" for the extension of the TCO, she added. Sarasota News Leader March 28, 2014 Page 15