A Feb. 20 Bradenton Beach commission meeting started off with a bang as police Chief John Cosby addressed commissioners with a nearly full gallery in chambers.
“As you are aware, Mr. Cushing has made accusations against city employees,” the chief said, referring to recently ousted building official Darin Cushing.
Cushing was suspended by the city and terminated by his employer under contract with the city. The city maintains the move was over problems with permitting following hurricanes Helene and Milton last fall but Cushing says he was pushed out after city officials pressured him to move permits on behalf of a local developer.
Cushing, in a Feb. 19 interview, said his dismissal resulted from him not “playing ball” on permitting requests from local developer Shawn Kaleta.
“And when I didn’t just approve them outright, I started getting questioned — by the mayor, by the attorney. ‘Hey, are you going to get these permits going for Kaleta? We need to get this going, we need to start building our tax base.’”
He said this trend continued during his almost year-long tenure with Bradenton Beach.
Cosby, at the Feb. 20 commission meeting, addressed Cushing’s claims that city officials had pressured him into approving major developments: “This is false. The building department was not accepting plans or permits of that caliber at the time. I can bring in the clerks to confirm this. There was nothing to be pressured about because there were no plans submitted.”
“The only permits being processed were for electrical, air conditioning and similar repairs. Some air conditioning units were mistakenly approved without proper elevation, which has now been corrected per state law.”
Cosby said the focus for permitting after the storms was on electrical and HVAC permits, with floodplain regulations requiring air conditioning units to be elevated. He alleged that Cushing failed to enforce the requirement.
Cosby also said Cushing’s permitting process was disorganized, with inconsistent procedures, leading to delays and confusion.
According to Cosby, requests for guidance documents to help residents navigate the permitting process were ignored.
During the meeting, Cosby also addressed issues with FEMA, which flagged the city Jan. 23 for lacking flood damage assessment and substantial damage management plans.
“These documents guide how inspections are conducted. Without them, there is no consistency and property owners cannot challenge decisions,” Cosby said.
“I checked with the planning department. Wendy (Chabot), our CRS coordinator, had drafts of these plans sitting on her desk for two years,” Cosby said. “Neither Mr. Cushing nor the previous building official had approved them.”
Cushing was hired by Bradenton Beach Jan. 18, 2024, to succeed Steve Gilbert. Both Gilbert and Cushing worked for SAFEbuilt, a company that provides staffing of building code enforcement services, including inspection and permitting, to municipalities via contractual agreement.
Regarding his disaster-related work, Cushing said he performed his duties as building official, including asking for help after the storms.
“They didn’t say any of this stuff about my performance until after I was gone,” he said.
“I went directly to city attorney Ricinda Perry at one point and Cosby. They were the ones in charge of getting all the emergency help from the state and from the feds and everything, and I said, I need inspectors,” he added.
Cushing said he was continually pushed to put through incomplete permits and to mark homes for demolition that could be saved.
He said after being threatened with replacement during a city meeting, he took to social media to defend himself.
After his comments on social media, Cushing said he was summoned to a meeting with Chappie and Perry and then suspended. Then SAFEbuilt put him on paid administrative leave, later terminating his employment.
Cosby, at the Feb. 20 meeting, expressed anger over Cushing’s statements.
“I am furious,” he said. “Mr. Cushing has made false accusations, knowing they are false. He instructed staff to turn people away instead of processing permits, despite our repeated offers to help.”
Looking ahead, he said, the city can expect a review by FEMA.
In a Feb. 1 email to the city, FEMA floodplain management specialist Braydon Williams outlined concerns about the city’s substantial damage and post-disaster permitting processes and potential deficiencies.
Williams cited lack of a designated floodplain administrator and inadequate enforcement for work under unpermitted repairs.
He recommended appointing a floodplain administrator and strengthening enforcement procedures to comply with the National Flood Insurance Program, a federal program that helps provide flood insurance to property owners, renters and businesses. Participating communities must enforce floodplain management regulations to mitigate flooding impacts.
Williams said the city must create a monitoring process for unpermitted repairs/development, having been cited for “potential ongoing unpermitted repairs.”
He also recommended the city create a process to enforce permitting requirements for all developments.
Failure to address the deficiencies could lead to a downgrade in the city’s community rating system classification, impacting flood insurance discounts or even exclusion from the NFIP.
Williams’ email states that FEMA will follow up with a permit review and updated substantial damage figures.