HomeMy WebLinkAbout03101983SEBASTIAN CONSTRUCTION BOARD PUBLIC HEARING MARCHLZO~ 1983
PUBLIC HEARING CALLED TO ORDER BY JIM HARRIS, CHAIRMAN, AT 1:30 P.M.
BO~D.UMEMBERS PRESENT: DON LANGLOIS, LUCIEN RIZIO,~3HOUSTON TRIPP,
JOHN CALMES, GREG PALMER, ED PALUCH, JIM
HARRIS, CITY ATTORNEY DANIEL KILBRIDE, JR.
CHAIRM;2V HARRIS ASKED FOR A RO£L CALL OF THOSE PERSONS ASKED TO APPEAR AT THIS
SPECIAL HEARING:
PRESENT:
JOHN CAMINATI & REPRESENTATIVE A{TORNEY BURNEF CARTER
AL CARTER & REPRESENTATIVE ATTORNEY RICHARD SALIBA
THEODORE PALUMBO
PAUL PHILLIPS & REPRESENTATIVE ATTORNEY JOHN GRIER
STEVE HENDERSON, ATTORNEY, REPRESENTING ARTHUR MAYER
ABSENT:
ARTHUR MAYER
FRANK OBERBECK
BARBARA DEVANE
THE FOLLOWING IS A VERBATIM OPENING STATEMENT MADE BY CITY ATTORNEY DANIEL
KILBRIDE, JR., TO EXPLAIN THE CIRCUMSTANCES AND REASON FOR THIS ~PBE~AL PUBLIC
HEARING:
ATTORNEY KILBRIDE: THE GRAND JURY OF THE CIRCUIT COURT SITTING IN INDIF~N RIVER
COUNTY, DURING A COURSE OF AN INVESTIGATION HELD IN 1982 MADE CERTAIN FINDINGS
AND RECOMMENDATIONS THAT WERE SUBMITTED IN ITS FINAL REPORT AND GIVEN TO THE
CITY OF SEBASTIAN. ONE OF THOSE FINDINGS WAS THAT THE SEBASTIAN CONSTRUCTION
BOARD DETERMINE ONE CONTRACTOR HAD NOT SUCCESSFULLY OBTAINED A PASSING GRADE
OF 75% OR BETTER ON A BLOCK AND ASSOCIATES TEST AND THAT THE GRAND JURY REQUESTED
THE CiTY TO INVESTIGATE AND EXAMINE ALL CONTRACTORS WHO TOOK THE BLOCK AND ASSOCI-
ATES EXAM AND DETERMINE IF ANY OTHER IRREGULARITIES WERE DISCOVERED. IN VIEW OF
THE FACT THAT THE CITY COUNCIL HAD DELEGATED TO THE CONSTRUCTION BOARD THAT AUTHORITY
TO REGULATE AND ISSUE LICENSES TO CONTRACTOr, S AND SUBS, THIS BOARD ENGAGED IN THE
COMPREHENSIVE EXAMINATION OF THE LiCENSiNG PROCEDURE CURRENTLY'ENFORCED BY THE ABILITY
IN WHICH THE BOARD CONDUCTED ITSELF AND DELEGATED TO THE OFFICE OF THE BUILDING
OFFICIAL OF THE CITY OF SEBASTIAN. EACH BOARD MEMBER WAS REQUESTED TO EXAMINE IN-
DIVIDUALLY THE TEST SCORES AND OTHER RECORDS DEALING WITH ALL CONTRACTORS WHO TOOK
A BLOCK AND ASSOCIATES EXAM IN THE CITY OF SEBASTIAN SINCE THE INCEPTION OF THE OR-
DINANCE, IN 1977. EXAMINATION OF THOSE RECORDS BY THE BOARD ANNOUNCED AT ITS MEETING
IN FEBRUARY, WAS THAT IT APPEARED THAT THERE WERE FIVE (5~) IRREGULARITIES THAT WERE
LOCATED AND IDENTIFIED IN WHICH IT APPEARED THAT TEST SCORES HAD BEEN ALTERED AND WHERE
A PASSING GRADE HAD NOT BEEN OBTAINED AND YET A LICENSE HAD BEEN ISSUED. IN ORI~ER TO
COMPLETE AND FURTHER THE INVESTIGATION AND LOOK INTO THE RAMIFICATIONS OF THAT
DISCOVERY, THE BOARD FELT THAT FIVE INDIVIDUALS SO IDENTIFIED SHOULD BE NOTIFIED AND
GIVEN OPPORTUNITY TO ATTEND AND HEAR TESTIMONY ]%VD PRESENT ANY WITNESSES OR CROSS
EXAMINE ANY WITNESSES THAT THEY WISH TO DO SO AND BASICALLY THAT IS THE REASON FOR THE
MEETING TODAY IS TO FURTHER THAT INVESTIGATION ~ND ATTEMPT TO DETERMINE THE NATURE
AND EXI~E_NT OF THE IRREGULARITIES OF WHAT REPERCUSSIONS' THEY WOULD HAVE CONCERNING
THE FIVE INDIVIDUALS SO iDENTIFIED BY THE BOARD. GOING FURTHER WITH MY ADVICE TO THE
BOARD, IS THAT THE BOARD HAS IN ADDITION SUBPOENAED TWO WITNESSES AND REQUESTED THE
ATTENDANCE OF THE CURRENT CITY CLERK IN ORDER TO PUT ON THE RECORD ANYYQUESTIONS THE
BOARD MAY HAVE IN ATTEMPT TO DETERMINE THE BASIS FOR APPARENT IRREGULARITIES AND
FURTHER INTO THAT, THE FORMER ARTHUR MAYER W~S SUBPOENAED AND A FORMER SECRETARY OF
THE BUILDING DEPARTMENT, BARBARA DEVANE ALSO WAS SUBPOENAED.
ATTORNEY KILBRIDE STATED THAT THESE RECORDS ARE PUBLIC AND ARE AVAILABLE FOR INSPECTION
AT THIS TIME.
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SEBASTIAN CONSTRUCTION BOARD PUBLIC HEARING - ...MARCH l0t 1983
AFTER A VERY LENGTHY DISCUSSION AND TESTIMONY,GZ.VEN~, THE FOLLOWING MOTIONS
WERESMADE :
MOTION BY JOHN CALMES, SECONDED BY ED PALUCH, THAT THE BOARD CONCLUDE ITS INVEST-
IGATION AND AFFORD THE FINDINGS TO THE CITY COUNCIL FOR THEIR DISPOSITION, IT
APPEARS SOME MAJOR PROBLEM,3HAS?BEEN IN THE RECORD KEEPING AND THAT A FUTURE
WORKSHOP SESSION, THE BOARD SPECIFICALLY ADDRESS ON HOW TO RECTIFY THAT AND
FORWARD THAT TO THE CITY COUNCIL AS WELL.
SECOND WITHDREW BY ED PALUCH.
M~Tf~M-DfED7-~ACK OF A SECOND.
MOTION BY ED PALUCH, SECONDED BY JOHN CALMES, THAT THIS BOARD INFORM THE POWF, RS TO
BE, WHO EVER THEY MAY BE, THE GRAND JURY, THE CITY COUNCIL, THE STATES ATTORNEYS
OFFICE, THAT WE HAVE DONE AN INDEPTH STUDY OF THE BUILDING DEPARTMEN~ RECORDS FOR
LICENSES GRANTED DURING THE TERM OF ARTIE MAYER.AND WE HAVE INFACT FOUND THAT
THERE HAVE BEEN $RRE.~ULARITIES, WE HAVE INFACT ATTEMPTED TO RECOMMEND CORRECTION
OF THESE IRREGULARITIES.
SECOND~;WITHDREW BY JOHN CALMES._
~__OTION DIED, LACK OF A SECOND.
MOTION BY ED PALUCH, SECONDED BY HOUSTON TRIPP, THAT THIS BOARD REPORT TO THE CITY
COUNCIL, THAT WE HAVE FOUND THROUGH AN INDEPTH STUDY OF THE BUILDING DEPARTMENT
RECORDS FOR THE LICENSES GRANTED DURING THE TERM OF ARTIE MAYER IRREGULARITIES
AND HAVETAKEN APPROPRIATE STEPS TO ELIMINATE THE REOCCURENCE.
MOTION WITHDRAWN BY~ ED.. PALUC_$.,-'SECOND.' WITHDNEW BY HOUSTON TRIPP.
MOTION FAILED.
MOTION BY DON LANGLOIS, SECONDED BY ED PALUCH, THAT THE FINDINGS OF THIS BOARD BE
FORWARDED TO THE CITY COUNCIL, THAT WE TERMINATE THIS INVESTIGATION AT THIS TIME,
UNLESS DIRECTED TO CONTINUE BY THE CITY COUNCIL.
MOTION WITHDRAWN BY DON LANGLOIS, SECOND WITHDREW BY ED PALUCH.
MOTION FAILED.
MOTION BY HOUSTON TRIPP, SECONDED BY GREG PALMER, THAT WE TAKE WHATEVER STEPS
ARE NECESSARY TO SUBPOENA THE PROPER WITNESSES TO APPEAR BEFORE THIS BOARD FOR
QUESTIONING.
ROLL CALL VOTE: AYES:
HOUSTON TRIPP
GREG PALMER
JIM HARRIS
NAYS:
DON LANGLOIS
LUCIEN RIZIO
ED PALUCH
JOHN CALMES
MOTION FAILED.
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SEBASTIAN CONSTRUCTION BOARD PUBLIC HEARING - ~A~CH 10, 1983
MOTION BY ED PALUCH, SECONDED BY DON LANGLOIS, THAT THIS BOARD ACKNOWLEDGE THAT THERE
WERE DISCREPANCIES IN ITS RECORD KEEPING.
ROLL CALL VOTE:
A YES:
DON LANGLOIS
LUCIEN RIZIO
HOUSTON TRIP
JOHN CALMES
GREG PALMER
ED PALUCH
JIM HARRIS
NAYS: NONE
MOTION CARRIED.
MOTION BY ED PALUCH, SECONDED BY JOHN CALMES, THAT THIS BOARD ACKNOWLEDGE THAT IT HAS
NOT RECEIVED ENOUGH DOCUMENTED EVIDENCE THAT ANY BLOCK TESTED INDIVIDUAL DID IN FACT
RECEIVE A LICENSE UNJUSTLY.
ROLL CALL VOTE:
AYES:
DON LANGLOIS
LLUCIEN RIZIO
JOHN CALMES
ED PALUCH
NAYS:
HOUSTON TRIPP
GREG PALMER
JIM HARRIS
MOTION CARRIED.
MOTION BY ED PALUCH, SECONDED BY JOHN CALMES, THAT WE INFORM THE CITY COUNCIL
THAT ALL THE RECORD KEEPING HAS BEEN MOVED FROM THE BUILDING OFFICIALS OFFICE TO
THE CITYCCLERK'S OFFICE AND THAT THE CITY CLERK HAS BEEN PRESENTLY CHARGED WITH
THE RESPONSIBILITY OF ADMINISTERING ALL THE BUSINESS OF THIS BOARD.
ROLL CALL VOTE:
AYES:
DON LANGLOIS
LUCIEN RIZIO
HOUSTON TRIPP
JOHN CALMES
GREG PALMER
ED PALUCH
JIM HARRIS
NAYS: NONE
MOTION CARRIED.
MOTION BYiJOHN CALMES, SECONDED BY ED PALUCH, THAT (1) THE BOARD TERMINATE THIS
INVESTIGATION, (2) FORWARD ITS FINDINGS TO THE CITY COUNCIL, (3) HAVE WORKSHOP
AND FURTHER MEETINGS FOR THE SPECIFIC PURPOSE OF TAKING CARE OF SOME OF OUR
RECORD KEEPING POLICIES.
ROLL CALL VOTE:
AYES:
DON LANLO£S
LUCIEN RIZIO
HOUSTON TRIPP
JOHN CALMES
GREG PALMER
ED PALUCH
JIM HARRIS
NAYS: NONE
MOTION CARRIED.
MOTION BY JOHN CALMES, SECONDED BY GREG PALMER, TO ADJOURN THIS MEETING,
MOTION CARRIED.
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