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HomeMy WebLinkAbout08031982PAT FLOOD, ~R. Mayor City of Sebastian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958 TELEPHONE (305) 589-5330 Meeting of Sebastian Construction Board - 8/3/82 - 3:30 P.M. AGENDA CALL TO ORDER ROLL CALL NEW BUSINESS: Billy Adams Budget Le tter/Howa rd Credit Data Information Rules and Regulations ADJOURN SEBASTIAN CONSTRUCTION Bi0'.ARD - AUGUST 3', 1'9'82 MEETING CALLED TO ORDER BY CHAIRMAN ED PALUCH AT 3:00 P.M. PRESENT: MR. LANGLOIS, MR. TRIPP, MR~ HARRIS, MR. PALMER, MR. CALMES, MR. PALUCH.AND ATTORNEY KILBRIDE. ABSENT: MR. KIRRIE (EXCUSED VACATION) MR. PALUCH STATED THAT ACCORDING TO THE CITY COUNCIL MEETING MINUTES OF OCTOBER 12, 1981, HUSTON TRIPP, JIM HARRIS AND ED PALUCH ~.~E~PPOINTED TO THE CONSTRUCTION BOARD FOR A PERIOD OF THREE YEARS. MR. PALMER, MR. LANGLOIS AND MR. KIRRIE WILL BE RE,APPOINTED BEFORE THEIR TERMS EXPIRE SEPTEMRER 30, 1982. MR. CLAMES WAS APPOINTED FOR A THREE YEAR TERM ON OCTOBER 12, 1981. MR. PALUCH STATED THAT THEMINUTES OF THE LAST TWO MEETINGS HAVE BEEN PRESENTED AND THEY WILL BE APPROVED AT THE MEETING OF SEPTEMBER 7, 1982.f MR. PALUCH STATED THAT IT IS WOULD NOT BENEFIT THE CONSTRUCTION BOARD TO TAKE MEMBERSHIP IN THE CREDIT DATA SERVICES OFFERED IN VERO BEACH, THE COST IS PROHIBITED,FOR THE CITY, THE APPLICANT CAN GO DOWN AND FOR A FEE OF $20.00 HAVE A CREDIT CHECK DOWN AND THE REPORT FORWARdeD TO THE CITY. MR? PALUCH STATED THAT THE BOARD HAD RECEIVED A LETTER FROMM R, DALE HOWARD AND PROCEEDED TO READ THE LETTER tN ITS ENTIRETY. '(LETTER ATTACHED) THE LETTER WASA FORMAL COMPLAINT REGARDING THE CONSTRUCTION OF HIS HOME BY JIM WALTERS HOMES. MR. PALUCH STATED THAT THE BOARD COULD RECOMMEN~.'.,TH~TMR. MAYER, BUILDING OFFICIAL GO OUT AND CHECK INTO THE -COMPLAINTS, AND GIVE THE BOARD A WRITTEN REPORT ON THIS iTEM. MR. PALUCH QUESTIONED MR. MAYER, BUILDING OFFICIAL, AS TO WHETHERHE WAS FAMILIAR WITH THIS JOB. MR. MAYER, BUILDING OFFICIAL, REPORTED THAT THE CONSTRUCTION ON THIS JOB WAS VERY POOR BUT THAT THERE ARE'NO CODE'VIOLATIONS ON THE JOB. SOME OF THE COMPLAINTS ARE 3USTIFIED, MR. PALUCH THEN QUESTIONED MR. MAYER AS TO WHETHER JIMWALTERS DID:..NQ~ .... '~ FULFILL THEIR END OF THE CONTRACT. MR. ~M~,.~_Y. ER STATED THAT ~JIM WALTERS I~Tn.~?NoT FUt¥IL? THEIR ]~0RTIONi~OF THE'. '-' CONTR~CT '.'. AND THAT THEY O~ED MR. HOWA~ THE COURTSEY? OF COMING AND LOOKING AT HIS PROBLEMS. MR. PALUCH STATED THAT SEVERAL YEARS' AGO THE BOARD WAS INSTRUCTED TO INVESTIUA~E~iONLY CODE VIOLATIONS AND NOT 'TO GET INT0 THE COSMETICS, WORKMANSHIP, AND QUALITY PROBLEMS' OF CONSTRUCTION. MOTION BY MR. HARRIS SECONDEDBY'MR. CALMES, THAT THIS LETTER IS AN ISSUE FOR ANOTHER COMMITTEE AND THAT THIS BOARD ONLY DEALS IN CODE VIOLATIONS AND THAT THIS IS THE QUALITY AND WO1LKMANSHIP OF A PARTICUI2%R CONTRACTOR WHICH THERE ARE NO TWO CONTRACTORS THE SAME. CARRIED. SEBASTIAN CONSTRUCTION BOARD -~ AUGUST 3, 1982 MR. PALUCH, CHAIRMAN, READ ATTACHED LETTER TO MR. JOHN QUINCY (BILLY) ADAMS IN iTS ENTIRETY. ATTORNEY KILBRIDE: MR. CHAIRMAN, IF I MAY SPEAK DIRECTLY I THINK, MR. AIJAMS YOU AR]f REPRESENTED TODAY BY MR. FROMANG, ATTORNEY AT LAW, TO HELP US PROCEED A LITTLE FASTER IF WE CAN, CAN WE BASICALLY AGREE THAT THE MINUTES OF THE SPECIAL MEETING OF THE SEB~iSTIAN~ GONSTRUCTION BOARD HELD ON JULY 29, 1982, WOULD BE IN EFFECT RECOG- NIZE BY THE BOARD AS TESTIMONY-,', JUDICIAL NOTICE IN REGARD TO THE FACTS SURROUNDING THE TESTS AND WE,ALSO HAVE YOU SEEN THE LETTER OF JULY 29, 1982 FROM THE CHAIRMAN TO THE MAYOR CONCERNING THE FINDINGS OF FACT FROM THE BOARD ? ATTORNEY FROMANG: I HAVE JUST NOW, THE SECRETARY GA~E ME A COPY OF THE Mi'NUTES AND I AM STILL READING, BUT BASED UPON WHAT WAS SAID THE OTHER DAY IF THESE MINUTES REFLECT WHAT WAS SAID THE OTHER DAY BY THE VARIOUS WITNESSES, ARTIE MAYER, BY THE BOARD ITSELF, WE WOULD OF COURSE RECOGNIZE THE MINUTES AS ACCURATE STATEMENTS. ATTORNEY KILBRIDE: THE MINUTES ARE VERBATIM. MR. PALUCH: DEBBIE, IS THAT OTHER PACKAGE HANDY? DO WE HAVE COPIES O-~TERS, TWO LETTERS AVAILABLE, PLEASE GIVE THEM TO MR. FROMANG. ATTORNEY KILBRIDE: MR. FROMANG IS THERE ANY PROBLEM WITH THE BOARD RECOGNIZING THE CONTENTS OF THE 'JU~Y 29TH. LETTER TO THE MAYOR? RE- GAP, DING THE FINDINGS OF FACT. MR. FROMANG: I /0F COURSE THINK THAT THEY SHOULD PUT. WHAT THE BOARD FOUND /'"THAT IS WHAT THE BOARD SAID. ATTORNEY KILBRIDE: AND, ONE FINAL THING, CALLING WITNESSES AS FAR AS ~HE CiTY IS CONCERNED, NORMALLY WE WOULD BE ENTITLED TO DO THAT FIRST, SINCE THE BOARD HAS THE MINUTES AND THE LETTER, ,. IF YOU HAVE NO OBJECTION I WOULD PREFER THAT THE CITY WOULD STAND ON WH~ HAS BEEN PRESENTED AND RESERVE THE RIGHT TO CALL ANY WITNESSES IF NECESSARY. MR.' FROMANG: RIGHT. MR. KILBRIDE: WE WOULD LIKE FOR MR. ADAMS TO FROMANG:'-' ARE YOU GOING TO QUESTION HIM? MR'. KILBRIDE: .IF HE WOUL~ ~ MAKE A STATEMENT AND THE BOARD ASK QUESTIONS. 'MR, FROMANG: I WOULD LIKE TO MAKE A STATEMENT TO THE BOARD. BILLY AD~ HAS ASKED ME TO COME AND REI~RESENT HIM TODAY, GENTLEMEN, AND MY NAME IS STEPHEN FROMANG, MY OFFICE IS IN VERO BEACH, FLORIDA, 2183 PONCE DE LEON CIRCLE, I HAVE JUST HAD A CHANCE TO REVIEW THIS 'VERY QUICKLY, THE MINUTES OF THE MEETING, AND I MIGHT CALL YOUR ATTENTION TO WHAT I SAID PREVIOUSLY AT THE LAST MEETING, PARTICULARLY ON PAGE 8, AS FAR AS BILLY IS CONCERN~ ED HE BELIEVES THAT A PROPER EXAMTNATION WAS ADMINISTERED AND I THINK THAT THAT IS WHY WE ARE ALL HERE TODAY, D~N .INDICATED .THAT PERHAPS THE BOARD DOES NOT BELIEVE THAT MAYBE IT WAS PROPER EXAMINATION. THINK THAT BILL'Y CAN ANSWER YOUR QUESTION AS TO I{OW'._HE, VIEWED THE EXAM- INATION AND WHAT HE THOUGHT OF THE EXAMINATION AND HIS RELIANCE UPON WHAT YOUR AGENT ADMINISTRATOR DID, WITH' RESPECT TO SUCH PRESENTATION OF EXAM QUESTIONS AND THE PROMPTING OF IT AND VARIOUS OTHER ASPECTS THAT WE GOT INTO LAST TIME. -2- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, !98~ - I'M BILLY ADAMS AND THE TEST THAT I WAS GIVEN, YOU KNOW TOOK WITH ALL HEART AND INTEREST THAT IT WAS A TEST TO DO WORK WITH AND THAT IS WHAT I HAVE BEEN DOING'. AND TO ME WHEN I TOOK THE TEST,I WAS JUST, I THOUGHT THAT I'._W~S TAKING THE TEST FOR THE LICENSE BUT I NEVER GOT IT, JUST LIKE WHEN THE GUY MADE UP THE QUESTIONS AND ALL AND I WAS, THAT IS WHAT I THOUGHT I HAD WAS MY LICENSE, BASED ON THAT, CAUSE WHEN I LEFT THAT OFFICE I WAS A HAPPY MAN CAUSE I HAD PASSED THE TEST. OTHER THEN ME THAT IS WHAT I THOUGHT I HAD DONE. THAT IS WHAT I HAVE BEEN WORKING ON AND I FELT FREE FOR IT CAUSE I THOUGHT THAT THAT IS WHAT I HADii~TOOK. MR. PALUCH: WE YOU AWARE WHEN YOU TOOK THE TEST BILLY THAT OTHER ~ REQUIRED TO TAKE A WRITTEN EXAM? MR. ADAMS: YEA, BUT ALSO HEARD OF THE ORAL TEST AND THOUGHT THAT T~T I WAS GETTING AND TO ME I THOUGHT THAT WAS THE WAY IT WAS DONE. AS FAR AS DOING IT, TO ME THAT WAS IT, AND I WAS ONE HAPPY MAN. BEC~SE I HAD GOTTEN SOMETHING TO WORK WITH. BASED ON THAT, THAT IS WHAT I HAVE BEEN DOING FOR THE LAST ELEVEN MONTHS. I HAD NO DOUBT IN MY MIND, WHATSOEVER, THAT WHAT WAS DONE WAS NO OTHER WAY THEN RIGHT AFTER THE MAN HAD GOTTEN THE QUESTIONS AND SO I FELT FREE TO DO MY WORK AND CARRY ON. BU~ IF I DIDN'T I WOULD Hi, YE?USED IT FOR WHAT IT WAS WORTH, BUT I DON'T FEEL THAT WAY .ABOUT IT AND I HAVE NEVER FELT THAT WAY ABOUT I'T. THATS'ALL I KNOW. MR. TRIPP: AT ANY TIME BILLY, YOU SAID THAT YOU HAVE HEARD OR IN OTHER WORDS THAT YOU WERE AWARE O~%~.THE FACT 'THAT OTHER PEOPLEHAD TO TAKE A WRITTEN EXAMINATION BUT YET YOU HA D HEARD OF.'AN ORAL EXAMINATION ON WHAT BASIS,WAS,O~f~TME ORAL EXAMINATION THAT YOUHADHEARDOF WAS THAT. MR. ADAMS.: THAT IS WHAT I THOUGHT.I...TOOK. MR.'TKIPP: WHERE DID YOU ~ AN ORAL EXAMINATION? M~.' ADAMS':~UND, DIFFERENT ONES, BUT THEY SAID THEY DID GIVE AN OP,~.MR.'TKIPP: THAT BLOCK DOES? MR. ADAMS: THAT IS WHAT I THOUGHT THAT I W~G. MR'. PALUCH: ANY OTHER MEMBERS OF THE BOARD HAVE ANY'qUESTIONS? MR. HARRIS: DO YOU UNDERSTAND NOW BILLY WHAT HAPPENED? Mlt,'kDAMS: YEA, BUT I dAN LOOK BACK .AT THE DAY THAT I DONE IT AND I CAN"T'-~. HARRIS: NOW YOU REALIZE THAT IT WAS NOT THE PROPERYTEST, NOW TI{~ IT HAS BEEN EXPLAINED TO YOU. MR. FROMANG: I AM GOING TO OBJECT TO THAT, I DON~T THINK THAT IT HAS Bq~INED IF BILLY DID, '(UNABLE.TO TRANSCRIBE).HE. IS STILL UNDER THE IMPRESSION THAT THE TEST~IS GIVEN, AS FAR AS HE IS CONCERNED, IT IS AT THAT TIME MR.' HARRIS: WE HAVE NEVER MADE MENTION TO HIM. MR. FROMANG: IT IS NOTNE~CESSARY IF THERE IS ONLY ONE QUESTION THAT WoULD"~UNTRANSCRIBARBE) IF WOULD NOT 'MATTER TO HIM WHAT TEST THAT THEY GAVE HIM AS FAR AS HE IS CONCERNED, IT IS YOUR ADMINISTRATOR THAT HAD THAT...'TO DO, NOT BILLY ADAMS. MR.''HAt~tIS: SO YOU.ARE STILL UNDER THE IMPRESSION THAT IT WAS THE RIG~TAKE. MR. ~DAMS: RIGHT. MR. TRIPP: BILLY WERE YOU AT ANY TIME EVER TOLD TI~,WAS THE H & ~XAMINATION? MR, ADAMS: I .CAN'T SAY THAT I WAS OR WASN'T, I JUST ASSUMED THAT IT,~IPP: AS FARAS YOU KNO~'YOU NEVE~WEP~E -3- SEBASTIAN CONSTRUCTION B~O'.ARI) :.,: AU .G~.. T 3'.~' '.1'9:82 ALL THE, I HEAR ALOT, B~T, YOU KNOW, 'AS FAR AS THE TEST AND ALL I THOUGHT THAT WHAT I TOOK I THOUGHT PROVIDED ME W~TH, TO GO OUT AND DO A JOB IN VARIOUS PLACES. THAT 1S FROM MY HEART, THAT IS WHAT I THOUGHT WHEN I GOT MY LICENSE. MR. LANGLOIS: AS' FAR AS YOU ARE ,CONCERNED YOU TOOK A LEGITIMATE TEST TO BE A MASTER PLUMBER,? MK. AI)AI~I~: YES SIR, MR. CALMES: COULD YOU DESCRIBE THE CONDITION OF WHICH YOU TOOK THE ~ YOU HEAR IN CITY HALL, THE SHERIFF'S OFFICE. MR. ADAMS: JUST THE SHERIFF AND I. HE HAD ALL 'THE QUESTIONS AND ANSWERS IN FRONT OF HIM AND HE WOULD ASK ME AND I WOULD ANSWER HIM. MR. KILBRIDE: MR. ADAMS LET ME ASK YOU A FEW QUESTIONS CONCERNING ~E'ADMINISTRATION OF THE TEST. HAD-YOU. SEEN THE TEST~?PRiOR TO' THE EXAM? MR. ADAMS: NO SiR. MK,:..-KILB~IDE':- DID YOU.SEE .THE ANSWERS YOU HAVE AN OPEN BOOK TEST OR A~OK TEST? MK.'AUAI4S:'THEY WERE JUST QUESTIONS' THAT THE CHIEF HAD THAT THE MAN-~RED FOR ME TO MR. KIU IDE.: NOT HAYS ROOK OPEN? aDAMS: NO SIR. MR. K'ILB:KIDE': YOU D~D NOT HAVE THE BOOK~OPEN'~'' IN FRONT OF YOU, YOU COULD A~SWER THE QUESTZONS..DIRECTLY FROM. YOUR-MEMORY AND O EDGE OF THE BUS'ZN SS. DAMS: 'SIR. m.' nL InS: PRIOR TO THE MASTER PLUMBERS TEST ~A JOURNEYMAN, A-JOUi~/~EYMAN PLUMBER. MR. ADAMS: RIGHT. MR. KILB~IDE': DID YOU HAVE TO'TAKE AN EXAM FOR T~. A~AMS.: NO, I HAVE "~ST DONE PLUMBING FOR FOUR~EN YEARS. MR. KIL~k-~OW DID YOU QUALIF~TO BE A ~OURNEYMAN? '~: THEY GIVE Y0~ A CARD WHEN YOU START WORKING FOR MAXWELL AND YOU A CARD AND YOU HAVE TO HAVE.A..CARD AND IT IS TWO OR THREE DOLLARS I GUESS FOR A JOURNEYMAN. MR.' KILBRTDE: YOU D~DN'T HAVE TO TAKE. A TEST? MR. ADAMS: NO YOU DON'T HAVETO TAKE A TEST FOR THAT 'MR.'KILBRIDE: YOU JUST~WORKUNDER A MASTER PLUMBER WAS ALL IT TAKES.i".M~,' A~AMS: YES, SIR. MR.' KILBKIDE: GOING BACK TO, WELL,-HAVE..YOUAPPL~E~-~STER PLUMBER IN ANYoTHER CITY OR COUNTY? MR. AUA~S':' NO SIR. 'MR. KILBK!DE: PRIOR TO APPLYING THROUGH SEBASTIAN? '~I'DE: ON THE DAY THAT YOU CAME IN TO TALK TO ARTIE, YOU C~ 1N AND' SAiD THAT YOU WANTED TO APPLY TO BE A MASTER PLUMBER YOU KNEW. THAT A TEST WAS REQUIRED AT THAT TIME. MR.' ADAMS: YES SIR. MR. KILB~IDE.:. AT THE TIME THAT YOU Ai~PLIED YOU ~ THERE WAS A WRIT~EN EXAlt, THAT I'S WAS A STANDARD TEST THAT WAS ADMINISTERED BY BLOCK AND ASSOCIATES? IS.TH~T. TGOKRECT,.YOU DID KNOW THAT? A/~SWER'.YES O'R NO. M~. AUAMS":."... YES SIR. MR. KILBKIDE: WHAT DID YOU SAY TO A~Ti:'E' ~ABOUT THE' ~.: "AD~: THAT, YOU KNO~ ~COULD I HAVE AN ORAL TEST? MR. K'ILBRIDE: HA~--~D OF ANYONE ELSE. BEING ADMiNISTERED AN ORAL TEST?'~:', NO, 3USTWI{AT I HAD HEARD, THAT THEY DID GIVE AN ORAL TEST AND THAT IS WHAT I WOULD HAVE TO TAKE. MR. KILBRIDE: THAT THE CITY GAVE AN ORAL TEST~OR THAT THE BLOCK PEOPLE ? ~'i'~.~RAMS:~"I WAS SEEING THAT BLOCK WAS THE CITY. WHENEVER THE QUESTIONS ~ARED FOR ME THAT IS WHAT I THOUGHT THAT I WAS TAKING, LIKE I SAID A WHILE AGO. MR. KILBRIDE: WHAT DO YOU RECALL ARTIE SAYING TO YOU ABOUT TAKING THE ORAL TE~STi MI{,'AI)AMS: THAT HE WOULD HAVE TO GET THE ANSWERS, GET THE TEST MADE UP~LB~IDE: SO YOU KNEW AT THAT TIME THAT HE WAS MAKING UP A SPECIAL'TkST 3DST'FOR YOU. MR. ADAlO~: WELL, NO, I JUST THOUGHT THAT IT WAS A TEST FOR ORAL TEST~'-'I~WOULD HAVE TO GET TOGETHER. THAT HE WOULD HAVE TO GET TOGETHER. THAT HE WOULD' HAVE TO GET TOGETHER FOR THE ORAL TEST. THIS IS THE WAY THAT I THOUGHT -4- SEBASTIAN: "CONS'~UCT'ION BOARD' '- AUGUST '3',' 1'952 .. ~tA]~.?TH~Y GAVE THE ORAL TEST. THIS 1S THE WAY:-THAT I THOUGHT THEY GAVE FOR MATTER 1F IT WAS A STATE LICENSE, IT WAS AN ORAL TEST THAT IS' THE WAY I..THOUGHT THAT IT WAS GIVEN THE WAY THAT I TOOK IT. MR.' KILBR1DE': YOU D~D NOT RECOGNIZE THAT THIS TEST WAS BEING MADE ESPECIALLY FOR YOU? MR'. ~DAMS: NO SIR, MR,KILBRIDE: Tm T IS WAS MADE FOR Am ONE ELSE WrrO'.COtZD AN ORAL TEST RIGHT. I KNEW THAT YOU, .~TENT FOR THE TEST W~. 'N~ SOMEWHERE IN THE ROOM AND DID IT WITH YOUR PENCIL AND PAPER, I THOUGHT THIS WAS THE WAY THAT THEY GAVE ORAL TEST, LIKE THEY DID ME. CAUSE WHEN I WALKED OUT OF THERE .ITi'W`AS JUST LIKE ~OUSAND OR TWO THOUSAND BILL GIVE TO ME BECAUSE 1 WAS HAPPY. AND THAT IS WHAT I HAD DONE, I 'HAD GOTTEN MY LICENSE, I HAD ACCOMPLISHED IT AND I GOT MY LICENSE. MR.' KILBRIDE: HOW MUCH DID.YOU PAY THE BUILDING DEPARTMENT FOR THE LICENSE AND 'TESTING? MR.. ADAMS..: NOTHING FOR THE TEST JUST FOR THE LICENSE IS ALL I'PAID FOR. '.MR-.-' KtLBRIDE: OKAY, HOW MUCH WAS THAT? MR. At)AMS: I DON"T KNOW,' I%~R~i:..~ILBRIDE: THE STANDARD? MR. AUAMS.--~LLARS' 'RIGHT... ".MR..' KILBRTDE': ..DID YOU PAY THE BUIL'~ICIAL ANYTHING? 'MR.' AX)AMS:' NO..SIR,., ~'..MR...KILBRIDE: FOR ADMINISTRATING THE TEST? MR.' A~.:' ..NO..SIR.. MR,' KIL~ ANY OTHER. PERSON EMPLOYED BY TRY'S---C"f%~Y. ' MR', mJAMS': NO S'~R. ' MR. KILBRI'DE: YOUR STATEMENT TO THE BOAPm~U PAID $~'0.00 FOR YO~U'R LTCENs~, AND THAT NO OTHER ~UNDS WERE GrVEN TO ANYOTHER PERSON? MR. ADAMS: NO ONE, NO ONE WHATSOEVER. AND I WILL SAY THAT UNDER OATH. MR. KILBRIDE: COULD YOU COME BACK LATER AND ASK ART1E TO SEND. LETTERS TO'BREVARD COUNTY AND'.. INDIAN RIVER COUNTY S'O YOU CAN GET A LICENSE IN THOSE COUNTIES? ' M~. ADAMS: WELL, ALL m THOUGHT..THEY HA~)'TO HAVE WAS RECORDS, BECAUSE' ~ RECOGNIZES THE TEST, YOU KNOW' 'THE LICENSE, THEN I FOUND OUT THE LAW' DIDN"T, SO I D~DN'.T GO BACK,BECAUSE. I KNEW I HAD TO TAKE A ONE HOUR ADMINISTRATIVE TEST, SO I DIDN'T GO BACK. AND ONE, ~"rlE.'ONE IN MOOREHAVEN, WAS FOR ~UST SETTING ..FIXTURES, FOR A NINE UNIT MOTEL, IT WAS JUST FOR SETTING THE FIXTURES, THAT WAS NEVER EVEN CARRIED THROUGH'... BUT IT IS THE PROCEDURE THAT YOU. HAVE,.TO. DO .WHENEVER YOU GO I GUESS, TO PROVE THAT A MAN HAS A LICENSE. MIt,' K'ILBRIDE: BUT YOU CAME TO THE BUILDING DEPARTMENT AND SAID I NEED TO-GET A~LICENSE IN THOSE COUNTIES. MR. ADAMS: OR JUST SEND A RECORD, OR JUST SEND MY RECORDS DOWN TO WHERe.' IfI.L~.,RIDE.: IS THAT ALL YOU. ASKED THEM TO DO. MR.' ADAMS: YES', OR A LETTER M~HOWIN'G MY' LICENSE. 'MK.' KILBR1DE: YOU ARE i~LICENSED AS A MASTER PLUMBER IN WHAT OT~R 'COMMUNITY BESIDES SEBASTIAN. MR, ADAMS: INDIAN RIVER AND PALM BAY, BUT I NEVER WORKED UP THERE, THE ONLY' REASON I WONDERED UP THAT"AWAY IS FOR THE CONTRACTORS THAT I WAS DOING WORK FOR IN CASE THEY HAD TO GO UP THERE TO BUILD A HOUSE. I DID NOT WANT TO WORK UP.THERE, BUT I WANTED IT IN CASE THEY WENT TO BUILD A HOUSE THERE. 'MR. KILBR1DE: .YOU PRESENTLY 'OWN A LICENSE BUT YOU ARE NOT DOING ANY JOBS' PRESENT.' MR':i:/..:ADAMS??.TN~i. iI~; NE~VER DID....iiMK.-!../{TLBRIDE:.:,'.. i~RIE..YOU..PRESENTLY' DOING' ANY JOBS IN INDIAN RIVER COUNTY? MR ADAMS.-: YES SIR. 'MR,. KILBRIDE: AND OF COURSE YOU ARE DOING SOME JOBS-~SEBASTIAN. -M 1 t.' AUAMS: YES SIR.' MR. ~LAN~_LOIS: HOW DO YOU FEEL ABOUT TAKING THE sTANDARD BLOCK TEST, HOW DO YOU-FEEL ABOUT THAT. MR. ADAMS: WITH THIS BOOKS AND STUFF, I CAN FORGET IT, MR. CALMES: CAN YOU--~. MR. Al)AMS: YES, BECAUSE I CANNOT READ. AND WRI~ WELL, I DON'T READ THE NEWSPAPER, THIS IS TRUE, I WORK~.D ALL MY LIFE, NEVER HAD SCHOOLING MUCH OVER THE EIGHT GRADE. MR, .U~AT~MES: COULD I ASK A FEW QUESTIONS IN REGARD TO YOUR EXPERIENCE';-----------'7,' .. .-~. ,.- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR CALMES: THIS GENE ESTES, 2 YEARS MR. AD.,AMS.: 3 YEARS, YES SIR, MR. CALMES: WHAT WAS THE EXTENT OF YOUR DUTIES FOR GENEESTES, YOU~ ~0URNEYMAN PLUMBER? MR. ADAMS: YES SIR, I WAS EVERYTHING, I DID THE WHOLE THING, I OPENED H~-f-~SS UP AND RUN IT FOR HIM FOR 3 YEARS. MR. CAI2v~S: IS GENE ESTES A MASTER PLUMBER ALSO, MR. ADAMS: HE HAS HIS LICENSE'/ YES SIR. MR. CALMES: WOULD YOU SAY T~ HIS ASSiSt' TANT? MR. AI)AMS: I WAS-~WHEN IT COMES TO PLUMBING.BY MYSELF. MR. CAL~0 giST MAXWELL PLUMBING FOR ONE YEAR, CAN YOU DE- SCRIBE YOUR DUTIES WITH MAXWELL? MR.~AIXa24S: YES SiR, I WORKED FOR A YEAR SETTING FIXTURES. MR. 'CALMES:-'~O LISTED DAVID HINES FOR ONE YEAR, MR. ADAMS: THAT W~"-~ HOUSES THAT ESTES WAS DOING THEN ABOUT F~AGO. MR. '~'S: AND HAWKINS PLUMBING, SEVEN 'YEARS. WHAT WERE YOUR DUTIES.'TH~.R~~: TOP OUT, ROUGH IN AND FIXTURES ANDWHEN I STARTED OFF IT WA~-~As~ COAST PLUMBING FOR TWO OR THREE YEARS, THAT IS WHEN I STARTED OFF AS A LABORER. MR. CALMES: WITH THIS, AS THOUGH YOU WERE INVOLVED IN THE RUNNING OF A ~.ADAI~': I DID IT, I..ORDERED MATERIAL AND OPENED.!THIS BUSINESS UP. HE HAD-~ LICENSE AND ItKEPT_.'I~L.OPEN.LMAY0~_i~OOD: MR. ATTORNEY, THAT CONVERSATION SHOULD BE WHERE IT SHOULD BE ON TAPE PLEASE. ,M~.' ' KI,LB~I~..: MR. FROMANG: DID YOU WISH TO PRESENT ANY OTHER WITNESSES. ~-m-~'-'i'FROMA~d'.' OTHER THAN PEOPLE WHO COULD ENDORSE HIS PROFICIENCY, XF THATSWHAT .THE BOARD WOULD LIKE TO HEAR.AND HIS REPUTATION IN...THE..C~ITY. IF YOU WOULD LIKE TO ENTERTAIN SUCH A TESTIMONY.'MR.' PALUCH: I THINK WE'AP, E:BRDBLEMED, WHERE THE BOARD LIES IS THE FACT THAT A LICENSE HAS BEEN GRANTED OTHER THAN WHAT IS PERSCRIBED IN OUR ORDINANCE. I THINK WE ALL BEING IN THE BUS- INESS WORLD REALIZE THAT IGNORANCE FOR THE LAW IS NO EXCUSE. THE CHIEF OF POLICE OF THE CITY OF SEBASTIAN TOLD ME I COULD SPEED UP ON U.S.#1 IN AN EXCESS-OF 55 M.P.H'. AND THEN THE SHERIFF'S DEPARTMENT CAUGHT ME W~ULB I AT THAT POINT BRING IN WHO EVER GAVE ME THAT PERMISSION TO DO SO AND SAY HE TOLD ME I COULD DO IT, ITS:ALRIGHT, I BELIEVED HIM, IT IS HIS CITY, HE DOES MAKE UP THE RULES, BUT SOMEBODY WITH MORE POWER OF THAT INDIV~DIiAL..CAUGHTME. THIS IS WHERE WE ARE HAVING OUR DIFFICULTY. MR. CALMES: I HAVE A QUESTION OF OUR ATTORNEY. BY THE ISSUANCE OF THIS T~ICENSE BY ARTIE MAYER THE BUILDING OFFICIAL, IS THAT NOT THE FACT BEING ISSUED BY US. MR. k'TLB~TDE: .CAN WE RESERVE THAT QUESTION UNTIL WE ARE FINISHED WITH THE EVIDENCE, THATS A VERY GOOD QUESTION MR. FROMANG HAS EVERY RIGHT TO ADDRESS THaT VERY QUESTION.THAT IS WHY WE ARE SITTING HERE. IF THE BOARD DOES NOT NEED ANY FURTHER TESTIMONY I WOULD LIKE TO CALL THE BUILDING OFFICIAL FOR A BRIEF STATEMENT. MR. PALUCH: IN WHAT REGARD? MR. KILBRIDE: IN REGARD TO THE ISSUANCE OF ~ND TAfE;~OWLEGE OF MR. ADAMS' coNceRNING THE CIRCUMSTANCES SURROUNDING. MR. PALUCH: THE WAY I SEE IT, CORRECT ME IF I AM WRONG, YOU THOUGHT BILL YOU WERE GETTING A GOOD TEST.'M~JADAMS': YES SIR. MR, PALUCH: YOU THOUGHT YOU SUBMITTED A COMPLETE APFL~,PAID THE .P~AND EVERY THING YOU DID AS PERSCRIBED BY OUR ORDINANCE. MR.' AUAMS: YES SIR. MR. ADAMS::THERE ARE PEOPLE IN HERE THAT SAW HOW HAP~T DAY AND'I HA~ "DONE IT. MR. K1LB'RI'DE: I THINK WE NEED TO MAKE THE RECORD COMPLETE BEFORE THE BOARD~CAN MAKE A DECISION, MR. BUILDING OFFICIAL. MR. MAYER WOULD YOU RELATE TO THE BOARD THE DAY THE CIRCUMSTANCES, THE DAY MR. ADAMS CAME TO X~0.U REQUESTING AN APPLICATION FOR A MASTERS PLUM~i BING PERMIT. - 6 - SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR. MAYER: TO THE BEST OF MY KNOWLEDGE, ITS A LITTLE OVER A YEAR AGO, MR. ADAMS CAME TO ME AND HE SAID IS THERE ANYWAY THAT HE COULD TAKE AN ORAL TEST BECAUSE WITH HIS EDUCATION, HE COULD NOT UNDERSTAND TO READ OR WRITE TO PASS A WRITTEN TEST. I THINK, I REALIZE AT THIS TIME THAT WHAT I"DONE WAS WRONG, BECAUSE IT iS AGAINST THE ORDINANCE BUT I DIDN'T REALIZE IT AT THAT TIME AND I KNEW MR. ADAMS FOR QUITE A FEW YEARS, I KNEW HE WAS A PLUMBER. A PLUMBER SORT OF WORKS IN A DIFFERENT FIELD THAN A CARPENTER. A CARPENTER USUALLY HAS FOUR OR FIVE PEOPLE THERE WITH HIM, A PLUMBER HAS NO BODY, HE IS THERE ALONE, ITS EITHER RIGHT OR WRONG, HE DOES~IT. I KNEW MR. ADAMS FOR QUITE A FEW YEARS AND I DID REALIZE AND NEVER REALLY KNEW UNTIL HE TOLD ME THAT HE DIDN'T HAVE ANY EDUCATION. BLOCK DOES-NOT GIVE AN ORAL TEST FOR PLUMBING CON- TRACTORS, THEY DO GIVE AN ORAL TEST BUT FOR ONLY FOREIGNERS THAT CAN'T READ OR WRITE AMERICAN. BUT THEY DO NOT GIVE AN ORAL TEST TO THOSE WHO CAN READ OR WRITE AMERICAN. SO THE REST OF IT I THINK YOU KNOW I ~OT THIS MR. BALME WHO I FELT WAS DULY QUALIFIED TO DO WHAT HEf~DONE.. MR. KILBRIDE: WAS MR. ADAMS INFORMED BY HIM THAT BLOCK DID NOT ADMINISTER AN ORAL EXAM. MR. MAYER: NO BUT HE KNEW IT WAS A SPECIAL TEST, BECAUSE I COULD NOT GET IT T~'~0UGH BLOCK, IT WAS SPECIAL. I MEAN ITS NEVER BEEN DONE BEFORE AND HASN'T BEEN DONE SINCE. MR. KILBRIDE: DID HE KNOW THAT AT THE TIME, WAS HE EXPLAINED THAT BY YOU_~M/t."MAYER:"~-I DON'T REALLY REMEMBER IF I DID OR NOT SIR. I DON'T THINK-~J~~DON"T REMEMBER, I MAY HAVE TOLD HIM SO BUT I REALLY CAN'T SAY BACK TO THAT TIME. I KNOW I TOLD HIM IT WOULD TAKE TIME THAT I WOULD HAVE TO GET SOMEBODY TO PRE- PARE IT AND THAT I WOULDN'T DO IT. "ME.' KILBRIDE: YOU HEARD HIS TEST- IMONY A FEW MINUTES AGO, COULD HE HAVE DRAWN THE CONCLUSION AS HE STATED THAT EVEN THOUGH THE EXAM WAS PREPARED SPECIALLY AT YOUR REQUEST THAT IT WAS STANDARD PROCEDURE. MR.'M~YE'R: I IMAGINE HE COULD HAVE BECAUSE WE COULD EACH READ THAT PAGE-'~ ONE OF US COULD HAVE A DIFFERENT INTERPERTATION OF WHAT IS ON IT, SO I WOULDN'T SAY THAT HE COULDN'T. MR. KILBRIDE: I DON'T HAVE ANY OTHER QUESTIONS.' MR. PALUCH: WAIT A MINUTE DOES ANY~ODY~ELSE""HAVE"'ANY Q~E~TI'ONS?'MR.' KILBKIDE:: AS STATED IN THE LETTER OF THE 29TH, THE PURPOSE OF THIS INVESTIGATION IS TO CONCERNING THE, FOR YOU TO DETERMINE WHETHER A MASTER PLUMBERS LICENSE WAS IMPROPERLY ISSUED TO BILLY ADAMS ON OCTOBER 8, 19'81, BY THE CITY BUILDING DEPARTMENT SPECIFICALLY WHETHER-':IT WAS ADMINISTERED WITHOUT ISSUING AN AUTHORIZED BLOCKAND ASSOCIATES EXAMINATION ~.'..KEQUIRED BY SUB SECTION B, OF--SECTION 7=93 OF THE CODE. OF ORDINANCES. AS FAR AS YOUR. AUTHORITIES ARE CONCERNED, UNDER 7-9'2.2 OF THE POWERS AND DUTIES OF THE BOARD, THE CONSTRUCTION BOARD SH~L~i HAVE THE FOLLOWING POWERS AND DUTIES AND ONE OF THOSE IS TO LICENSE CONTRACTORS PURSUANT TO THE REQUIREMENTS OF THIS CHAPTER. 7-.93 SETS OUT THE REQUIREMENTS AS WE KNOW AND ONE OF THDSE REQUIREMENTS 1S THAT BLOCK AND ASSOCIATES EXAMINATION BE ADMINISTERED AMONG THE OTHER REQUIREMENTS. UNDER 7-100,.. IF AN IRREG- ULARITY IS DETERMINED, THE BOARD HAS THE POWER UNDER ITS OWN MOTION AS IT HAS IN THIS CASE TO INVESTIGATE THE ACTION OF ANY CONTRACTOR" CERTIFIED UNDER THIS ARTICLE AND'HOLD HEARINGS, THE BOARD MAY TAKE APPROPRIATE D~SClPLINARY ACTION, IF THE CONTRACTOR IS FOUND GUILTY'.' UNDER RULESAND REGULATIONS BY THE BOARD. SET OUT ON PAGE 477 OF THE CODE OF ORDINANCE BOOK .IS THOSE ACTS CONSTITUTING CAUSE FOR DISCIPLINARY ACTION, I BELIEVE IN THIS PARTICULAR CASE, TO HAVE MORE THAN ONE POSSIBLE VIOLATION, # 6 IN PARTICULAR, I BELIEVE IS THE APPROPRIATE, THE FAILURE TO COMPLY TO THIS ARTICLE, ~10 POSSIBLY, CHEATING ON THE EXAM, THIS CHAPTER MIGHT POSSIBLY BE CONSIDERED UNDER THIS CIRCUMSTANCE.ALSO. SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR. CUMMINS: MR~'i.~ATTORNE¥ I WILL TAKE EXCEPTION TO THAT, I ADMINISTERED THAT EXAM AND THERE WAS NO CHEATING AND I STATED THAT UNDER OATH THE OTHER DAY. DON'T TRY TO ACUSE ME OF WHATS HAPPENED HERE, THAT TEST WAS GIVEN FAIRLY AND AS FAR AS I AM CONCERNED LEGALLY AND I WILL NOT ALLOW YOU TO SAY THERE WAS CHEATING, BECAUSE THERE WAS NOT O~MY PART OR MR. ADAMS PART IN MY OFFICE. MR. KILBRIDE: MR. CUMMINS, THIS INDICATION WAS NOT DIRECTED TO YOU, T~ BOARDHAS NOT MADE TPLK~'DET~RMINATION AND AS FAR AS MY CONSIDERATIONS OF POSSIBLE VIOLATIONS AS I SEE IT, THE POSSIBLITY OF CHEATING, IF IT IS SO DETERMINED IS NOT IN THE AD- MINISTRATION PER SAY BUT IN THE FACT THAT A STANDARD BLOCK AND ASSOCIATES EXAM WAS REQUIRED BUT AN ORAL EXAM WAS GIVEN. AN EXAM THAT WAS NOT AUTHORIZED. Mlt."CUMMINS.: THEN I WOULD LIKE .TO HAVE IT STATED. IN THE MINUTES THAT-N~G ON THE TEST. 'MR. KILBRIDE: WHEN THE EVIDENCE IS CLEAR THAT ITS THE CIRCUMSTANCE WE A~EFACED-WITH HERE, ITS NOT THE FACT THAT THE PERSON, WE ARE NOT DEALING'WITHWHETHER:'::THEi~IPERSONWHO M/~]E',.'UP'.;THE TEST WAS QUALIFIED OR UNQUALIFIED-OR THE WAY IT WAS AD- MINISTED'WAS PRDREK.~OI~IMPROPER, THE QUESTION, THE BOARD ALREADY DETER- MINED LAST WEEK WAS THE FACT THAT 1T WAS AN UNAUTHORIZED TEST. REGARDLESS OF WHO 0RWHEN OR WHAT CIRCUMSTANCES WERE GIVEN. THE QUESTION HERE IS HOW IT RELATES TO THIS PARTICLrLAR APPLICANT AND THIS LICENSING BOARD, MR. CUMMINS: I UNDERSTAND THAT, BUT THIS IS NOT CHEATING ON THE TEST, TTS .iMPROPERLY MADE UP OR WH~TEI~R~" BUT IT IS NOT CHEATING ON'THE TEST. ITSELF. MR. KILBRI'DE: THATS FOR THE BOARD TO' DETERMINE, IF THEY FEEL THATS WHAT THE EVIDENCE SHOWS. I THINK, AS I SAID JUST BEFORE THAT, POSSIBLY MORE CLOSELY THE VIOLATION WE ARE MORE PROPERLY DEALING WITH IS FAILURE OF THE .BUILDING OFFICIAL TO ~J3MPLY'i~TT~ PROVISIONS OF THIS ORDINANCE. PROVISIONS THAT ARE REQUIRED IS OF TAKING A STANDARD BLOC~AND ASSOCIATES EXAM, NOT THE EXAM ITSELF. DOES..THE..BOARD HAVE ANY QUESTXONS. DO YOU WANT TO ASK THAT '~UESTION NOW. ~C'~F~AREY: MR. CHAIRMAN MAY I SAY A COUPLE OF WORDS. I AM GERALD:CkREY A CONTRACTOR IN THIS CITYAND IT DO~%iT~'SEEM LIKE, SEEMS. ~TOi..M~.THAT. LHE ARE ALL~"AMER~ ICANS, THAT THIS TEST IS GIVEN TO HAITIiaiN$,CUBANS, HOWABOUT SOMEONE WHO IS BORN HERE MAYBE HE CAN~'T READ OR WRITE BUT THAT IS TAKING AWAY FROM BILLY TO DO A JOB. I KNOW' HE HAS DONE ALL MY CONTRACTING AND I GOT TO SAY THAT I HAVE HAD. NO ONE COMPLAINING, IF ALL OF THE CONTRACTORS ARE LICENSED OR THINK.~ THEY LICENSED COME AND 'BE ARHONE.ST.~ANDTHEIR.."~ ~N ~.LME AND DO THEIR WORKAS WELL AS HE HAS, YOU PEOPLE WOULDN'T HAVE HAD AS MANY COMPLAINTS AS YOU HAVE THE LAST SIX MONTHS. T~ YOU. MR. CALMES:-'~MY QUESTION WAS, BY THE BUILDING OFFICIAL ADMINISTERING ~'~D ISSUING THE LICENSE, HAS HE NOT IN FACT HAUE'?WE NOT IN FACT ACTED SIMIL~..?MR. KILBRIDE: IN EFFECT, TO ENDORSE HIS ACTION, OR BOUND BY HIS ACTIONS/MR.''CALMES: WHAT iS THE LEGAL, IS HE AN AGENT OF THIS BOARD? MR. KILBRiD~~HE BOARD HAS STANDARD PRACTICE TO AUTHORIZE THE BUILDING OFFICIAL TO TAKE APPLICATIONS ANDAADMINISTER THE TEST, IN AS MUCH AS ARRANGE FOR THE ~LI~iTNISTRATION OF~THE TEST.AND TO CERTIFY TO THE BOARD THAT APPLICATIONS ARE COMPLETED AND CORRECT. M 7-K'TE D E: YES, MR.i."..."~M.:' SO IN EFFECT, IF THE MISTAKE WAS MADE BY i..BUILDING DIRECT~ALSO MADE THAT SAME MISTAKE. HOW WOULD THAT BE. A~LO~I~ YOUR COMPANY MAKES A MISTAKE OUT IN THE FIELD, ARE YOU NOT P~P0~N~BLg' FOR YOUR ~MPLOYEES; MR. KIL~RIDE: EVEN IF YOU TOLD HIM NEVER TO DO THIS AND HE GOES .AHEAD.AND.DOES IT ANYWAY, YOU ARE STILL RESPONSIBLE, YES TH~TSi'.~'TRUE.'i.'~..'MR.~ ~MES: MO-i:WHEKE DOES THIS BOARDS RESPONSIBLITY LIE. MR. KILI~IDE::THEESSEN~fIAL ISSUE HERE AND IS FAIR QUESTION, IS HE C-OES TO MR. /~D/~MS AS FAR AS WHETHER, THE TIME HE MADE APPLICATION AND THE TIME HE TOOK THE TEST OF WHETHER HE KNEW OR SHOULD HAVE KNOWN WHAT TH~REQUIREMENT FOR MASTEK PLUMBER EXAM WAS, SEBASTIAN'CONSTRUCTI'ON_.~'OARD _ - .AUGUST 3, 1982 LICENSE WAS AND WHETHER HE KNEW OR SHOULD HAVE KNOW THAT IT W$SiTtSSUED TO HIM WITHOUT COMPLIANCE OR SUBSTANTIAL COMPLIANCE WITH MATERIAL SPECiTO COMPLY WITH THE PROVISIONS, CERTIFICATIONS WITH~.~CgORDANCE TO THE ORDINANCE. IF YOU FIND THAT HE KNEW OR SHOULD HAVE KNOWN THAT THE TEST THAT WAS ADMINISTERED WAS NOT A PROPER TEST, NOT AN AUTHORIZED TEST, THEN YOU HAVE THE POWER TO TAKE DISCIPLINARY ACTION. MR. TACA: IS THAT WHY HE CAME TO ARTIE IN THE FIRST PLACE TO SEE WHAT-~O DO. I HAD A SIMILAR CIRCUMSTANCE UNDER A LICENSE. MR. PALUCH: 'DO YOU WANT TO BE RECOGNIZED, PLEASE COME UP AND GIvE YOU~'-~. STEVE TACA','.RESIDENTIAL.'CONTRA~TOR::WE HAD A SIMILIAR INSTANCE WH~ TO THE COUNTY PI2%NNING BOARD ON Al'ZONING, ON A BASIS OF THEIR RECOMMEN- DATIONS, A HOMEOWNER BOUGHT HIS PROPERTY', THEN FOUND TO BE A VIOLATIQN OF THE CODE, BUT THEiCOUNTY ATTORNEY, WITH-US ITS A FACT'~THAT THEY ORIGNINALLY HAD GIVEN. HIM LICENSE TO BUYfTHE PROPERTY, IN BILLY'S CASE ITS HIS OWN BUSINESS AND THEY FOUND THAT IT WAS STILL 'INUTHE MO~DSYAND TEE ZONING WAS SUCH~THAT THEY MADE A SPECIAL VARIANCE BECAUSE IT CON- FORMED TO EVERY REGULATION WE HA~i:'iAND LET THEM KEEP THEIR ORIGINALL~ PLANNING PERMIT. MY POINT IS, THERE ARE ALOT OF THINGS THAT OCURRED, BUT BECAUSE, LIKE BILLY, HE WENT TO THE OFFICIAL WHO IS SUPPOSE TO KNOW AND TELL HIM WHAT TO DO, THEY ACTED ON THE RECOMMENDATIONS AND ON THAT BASIS THEY' PROCEEDED. I MEAN, ITS JUST A QUESTION. IF I HAD A QUESTION I WOULD COME AND ASK'WHAT WOULD I HAVE TO DO, AND WHAT I WAS TOLD, I WOULD THINK THAT IT WOULD .BE IT.'MR.' KILBRIDE: THATS WHAT I SAID, THATS PART, OF THE QUESTION, THE FACT ~THAT-YOU F. OLLOWED TO DETERMINE WHETHER HE 'KNEW' OR SHOULD KNOW-,. Mif~.'.PALUC~i'- THATS WHERE YOU HAVE TO TELL US, THE OBLIGATION OF TH'IS, SINCE ARTIE WAS ACTING IN OFFICAL CAPACITY AS AN APPOINTEE OF THE BOARD. WAS IT OUR ACTION ALSO? HAD ARTIE TOLD HIM NO YOU HAVE TO TAKE THE BLOCK EXAM, HE THEN SAID HE COULDN'T TAKE THE BLOCK EXAM AND WENT~3SOMEi"PLACE ELSE. IF WE MAKE A SPECIAL EXCEPTION ON THIS, IS THiS SOMETHING MADE IN THE FUTURE, CAN"THIS SPECIAL EXCEPTION BE'MADE ON A ONE TIME BASIS OR IS.-THIS TEST GOING TO BE ADMINISTERED IN THE FUTURE OR IS THERE LEGAL. MR.' KILBRIDE: NO, AS THE ORDINANCE STATES, UNLESS THIS BOARD AUTHORiZES'AN EQUIVALENT TEST, THE ONLY AUTHORIZED TEST FOR MASTER PLUMBER PERMITS OR ANY OTHER CONTRACTORS PERMITS ISSUED BY THE BOARD IS THE BLOCK AND ASSOCIATES TEST AND UNTIL YOU CHANGE IT.,'.-THAT IS THE WAY IT IS. SO THE TEST THAT WAS ADMINISTERED, YOU DETERMINED WAS NOT AN AUTHORIZED TEST AND YOU DO NOT HAVE TO ACCEPT THAT TEST, IF YOU WANT TO.._EITHER ACCEPT THE TEST.THAT~WAS ADMINISTERED OR YOU WILL HAVE TO CHANGE THE ORDINANCE. 'ME.'HARRIS: THIS IS WHAT I AM ASKING IF WE ACCEPT~THIS TEST, DO WE-~CEPT ALL FUTURE TESTS TODAY. MR. KILB'RIDE':~J. TODAY, NO THAT ~S NOT THE ISSUE TODAY, LET ME TRY TO NAP~RoW 'iT 'DOWN. I THINK, AS MR. CALMES SAID, THE ACTION OF THE BUILDING OFFICIAL IN CERTAIN RESPECTS YOU ARE BOUND BY BECAUSE HE IS ACTING ON BEHALF OF THE BOARD. THE BOARD HAS SAID TO THE BUILDING OFFICIAL YOU GET THE APPLICATIONS, YOU GET THE TEST AND YOU TAKE THE MONEY AND UNDER OUR AUTHORIZATION YOU ISSUE THE PERMITS. HE iSSUES THE PERMIT, UNLESS YOU FIND, AS A MATTER OF FACT, THAT THE APPLICANT VIOLATED ONE OF THE TWELVE ACTS CONSTITUTING A CAUSE FOR DISCIPLINARY ACTION, I DON'T BELIEVE IT WOULD BE APPROPRIATE FOR YOU TO SUSPEND OR REVOKE THE LICENSE, SO IN THAT REGARD, EVEN THOUGH THE TEST IS AUIPHOR- IZEDANDYOU SELECTED NOT TO,AUTHORIZE IN THE FUTURE, IN THAT RESPECT I CAN AGREE WITH MR. ADAM'S POSITION IN THE FACT THAT'ME>RELATED TO YOU ~U S~TATEDi'TO. YO~.I.~HAT HE RELIED IN GOOD FAITH, THIS WAS AN AUTHORIZED TEST..'.YOUR DETERMINATION TODAY GOES TO THEQUESTION OF, FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE BOARD AND IN ORDER TO DO THAT HE MUST HAVE KNOWN OR SHOULD HAVE KNOWN. -9- SEBASTIAN CONSTR.UCTION BO'~A,~' ',~ MR. KILBRIDE: . THAT .HE WAS' "VIOLATING THOSE REQUIREMENTS AT THE TIME THE APPLICATION, NOT NOW, TODAY'. 'YOU HEARD HIS TESTIMONY AND YOU HEARD THE TESTIMONY OF THE BUILDING OFFICIAL AS TO HOW HE ASKED FOR THIS TEST AND ITS FOR YOU TO DETERMINE IF 1 CAN StR4MARIZE SOME OF THE EVIDENCE. WHETHER YOU FEEL THAT THE TEST ONLY INDICATES HE KNEW THAT A BLOCK TEST WAS A 'STANDARD TEST, THAT HE ASKED. FOR AN OI~AL TEST AND WHETHER IN GOOD FAI:TH HE TOOK THE TEST ASSUMING THAT IT WAS AN AUTHORIZED TEST UNDER THE AUSPICES OF THE CITY. HE STATED THAT HE APPROVED A SPECIAL EXAM, A SPECIALLY PREPARED EXAMINATION AND KNE~. WHO MADE IT OR DID HE OR SHOULD HE I{~VE'. KNOWN THAT IT WASN"T A TEST THAT ANYONE ELSE: WHO WOULD WALK IN TODAY AND SAY GIVE ME AN ORAL TEST TO 'TAKE. IF YOU FIND THAT HE SHOULD HAVE KNOWN:::THAT WAS NOT AN AUTHORIZED TEST, HE SHOULD HAVE TAKEN AN .WRITTEN.. ~EST:,::I THINK YOU NEED TO TAKE DISCIPLINARY ACTION.' MR.' CALMES':' THE ANALOGY' THAT WAS GIVEN EARLIER OF THE POLICEMAN. 'SAYI~OU COULD SPEED UP AND DOWN THE ROAD, I DON'T THINK REALLY APPLIES HERE, I THINK ONE, MOST GENERALLY AND MOST EVERYBODY KNOWS WHAT THE NORMAL LAWS OF THE ROi%D ARE, HOWEVER WHEN IT COMES TO TESTING OR PROCEDURES, GOVERNMENT PRO- CEDURES THAT YOU HAVE TO FOLLOW, THERE ARE SITUATIONS THAT 1 AS AN ARCHITECT AM 1N THAT HAVE TO RELY UPON THE GOOD FAITH AND THE PROPER INSTRUCTION FROM SOME OFFICIAL, WHETHER IT BE THE DEPARTMENT OF EN- VIRONMENTAL REGULATION OR UP IN TALLAHASSEE, WHAT EVER OR THE BUILDING DEPARTMENT, THATS WHAT I AM SAYING, HOW I AM LEANING TOWARDS IT. IF BILLY ADAMS IS TOLD, YES, OK AN ORAL EXAM CAN BE GIVEN, IT IS GOING TO TAKE TIME, TO QUOTE ARTIE MAYER, IT WILL HAVE TO BE WRITTEN. 1 JUST WONDER THAT HE WOULD THINK IT WAS ANYTHING ELSE OTHER TI{AN~. THAT WAY, IF THAT WAS THE CASE, IN LOOKING THROUGH THE PROVISIONS ']~DII'?REVOCi~TION OF. PRO-INNOCENCES, THE ONLY' AREA THAT SHOULD BE CONSIDERED, WOULD BE FAILURE TO ANY MATERIAL RESPECT TO COMPLY WiTH PROVISIONS OF THIS ARTICLE AND YET LIKE I SAID BEFORE, ,HE WAS RELYING IN:.-GOOD.-FAITH UPON I'NSTRUCTION PROCEDURE FROM THE BUILDING DEPARMTE'NT:":'.~," P'ALUCH: BY TESTIMONY THERE WAS NO MATERIAL RESPECT THERE. THE WAY I-HEAR THE TESTIMONY THERE WAS NO FAILURE IN ANY MATERIAL RESPECT'.TO COMPLY WITH THE PROVISIONS OF THIS ORDINANCE ON BILLYS PART, MR. CALME.$: .IN ALL THE TESTIMONY, I DON'T SEE ANYTHING BILLY ADAMS HIhSELF' HAD DONE OR COMMITTED IN REGARDS TO THIS ORDINANCE. MR. KILBRIDE: ONE THING THAT I DO NEED TO KEEP IN MIND IS THAT IGNORANC~ OF THE LAW IS NO EXCUSE, TO THAT EXTEND HE IS REQUIRED TO KNOW THE CONTENTS OF THIS.:SECTION OF THE ORDINANCE SINCE THAT IS THE CIRCUMSTANCE IN WHICH HE WAS APPLY- ING. THE FACT THAT HE WENT TO THE BUILDING OFFICIAL AND ASKED WHAT HE NEEDED TO DO, ASSUMING, THAT IS NOT THE END OF HIS OBLIGATION, IT DOES NOT END THERE. HE DOES HAVE CERTAIN OBLIGATION TO GO FURTHER. I THINK THE QUESTION IS WHETHER YOU FEEL THAT HE HAS GONE FAR ENOUGH"~IT THEN GOES TO THE QUESTION OF, DID HE KNOW? OR SHOULD HE KNOW? WHETHER HE COMPLIED OR NOT. MR. 'CALME'S: MAY I ASK A QUESTION OF BILLY ADA/~IS, DID YOU ASK OR WERE Y~-'0~A COPY OF THE ORDINANCE. DID YOU ASK ARTIE TO PROVIDE YOU A COPY:OF THE LICENSING ORDINANCE, WAS IT OFFERED TO YOU BY ARTIE TO GIVE YOU A COPY OF THIS OR TO SAY.THAT IT WAS AVAIL- ABLE. MR. ADAMS: NO, NOT THAT I CAN REMEMBE'R.' MR',' LANGIX;I'S: BY HIS OWN TE~/~ SAID HE COULD NOT READ OR WRITE OR COULD' DO. VERY LITTLE OF IT, SO IT WOULDN'T DO HIM ANY GOOD AT ALL TRYING TO READ IT, WE HAVE A HARD TIME DECIPHERING IT. MR / "~S:ON THE APPLICATION, IT WAS FILLED OUT BY EVERY PERSON THAT FIL~0-~APPLICATION WHO IS.-TAKING AN EXAM' ANATION OR RECIPROCITY OR ANYTHING, IT STATES RIGHT HERE, . -10- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR. CALMES: UNDER THE PROVISION OF 0-78-4, THE FINDING OF REGULATIONS AND GOVERNING OF CONTRACTORS WITHIN THE CITY OF SEBASTIAN, THAT IS THE ORDINANCE THAT THE CITY COUNCIL PASSED THAT WERE MADE BY THE BOARD. MRL~PALUCH: WHAT ARE YOU SAYING? MR, CAL~_..$.: I.~AM SAYING THAT IT STATES ON ~-~ APPLICATION THAT YOU MUST APP]~Y'~-OR COMPLY WITH THE ORDINANCE AND iT STATES WHAT ORDINANCE IT IS.0-78-4. MR..PALUCH: I THINK WHAT WE GOT HERE GENTLEMEN, IS WHETHER THIS BOARD WANTS TO SUSPEND, REVOK~ OR LET HIS LICENSE RIDE, I THINK WE HAVE COVERED ALL THE GROUND AND SOMEBODY SHOULD MAKE A MOTION TO ONE AFFECT OR THE OTHER. MR. ~S.: GENTLEMEN I WILL MAKE THE MOTION THAT THE LICENSE OF JOHN QUkNC~ ADAMS BE ALLOWED~,. AS IS.. I~ONiLANGLOIS, I WILL. SECOND THAT. MR. PAL'UCH:'..DOES EVEYONE UNDER?_ STAND THE MOTION. MR. KILBRIDE: WOULD YOU ~ ON. THE RECORD, EX- PLAIN. MR. CALMES: MY REASONING FOR THAT AND I WILL DRAW AN ANALOGY TO IF AN EMPLOYEE OF MINE MAKES A MISTAKE, I AM RESPONSIBLE FOR IT, WHETHER HE LEGALLY OR MONETARILY AND YOU HAVE TO DEAL WITH THAT EMPLOYEE IN TERMS OF THE MISTAKE, SO THE MISTAKE DOES NOT HAPPEN AGAIN. WiTH THE TESTIMONY THAT HAS BEEN PRESENTED, I FOUND VERY-. LITTLE OR NOTHING AT ALL THAT JOHN QUINCY ADAMS HAS COMMITTED ANY DISCRETION OR VIOLATION OF OUR ORDINANCE AND THAT HE RELIED ON GOOD FAITH AND I PERSONALLY BELIEVE THAT HE RELIED IN GOOD EAITH ON THE ADVICE OF THE BUILDING DEPARTMKNT.~. PALUCH: ANY FURTHER DISCUSSION. MR. TRIPP: YES, I HAVE A QUESTI~N~-~ON WHAT JOHN HAS MADE THE STATEMENT-~LY HAS NOT HAD ANY WRONG DOING IN THE ISSUING OR TAKING THE EXAMINATION OR THE ISSUING OF ~ LICENSE, I NEED TO ASK THE ATTORNEY, IS IT A VALID LICENSE, EVEN Tt{OUGH..B1LLY HAS NOT COMMITTED ANY CRIME AS PER SAY, IS IT A VALID LICEN~. MI{. KILBKIDE.: IN ANSWER TO THAT QUESTION, I BELIEVE THAT IN FACT THAT, AT-~IE MOMENT THAT IT IS A VALID LICENSE, IT WAS ISSUED, AN APPLICATION WAS FILED AND A. LICENSE .WAS. ISSUED UNDER THE~J~k~fHORITY OF THE BUILDING OFFICIAL AND THAT IS WHY WE ARE HERE TO CONSIDER SUSPENSION OR REV~C$_TI~N',. IT IS NOT, IT WASN'T VOID, FROM THE BEGINNING, ITS 'NOT ILLEGAL ON ITS FACE .' PALUCH: ARE YOU SATISFIED WiTH THAT. MR. TRIPP: I ,AM SATISFIED WITH HIS ANSWER. MR. PALUCH: OK. MAYOR FLOb'~ HAVE ONE QUESTION FOR THE BOARD. IF WE RATIFY OR DENY THIS LICENSE, WHERE ARE WE, WHERE ARE THE LETTERS'. THAT WERE SENT OUT. ARE WE SAYING YES THAT THIS 'IS AN H BLOCK._ I JUST HAVE SOME PROBLEMS WHERE WE ARE AND WHERE WE ARE GOING. THERE ARE SOME LETTERS THAT HAVE GONE OUT SAYING THAT HE HAS PASSED A H & H BLOCK, YAH A MATTER OF THE RECORD HERE AND I AM SITTING HERE AS HEAD ADMINISTRATOR AND I HAVE SOME QUESTIONS, WHAT I AM GOING TO DO AS THE HEAD ADMINISTRATOR OF THIS CITY. I AM NOT AGAINST HIS LICENSE BEING ISSUED BUT IS THiS GOING TO BE CONSIDERED AN H & H BLOCK OR A SPECIAL EXCEPTION UNDER YOU SAYING YES..IS IT GOING TO BE A FULL MASTERS LICENSE, A RESIDENTIAL LICENSE.OR GENERAL PLUMBER. WHAT ARE WE ~OING TO DO ABOUT HIS COUNTY LICENSE AND HIS PALM BAY LICENSE, THAT IS THE PROBLEM THAT I GOT WITH MY PART IN THIS WHOLE ISSUE. ITS GOING TO BE MY FINAL DECISION. MR. PALUCH: WHERE YOU PRESENT AT THE OTHER-MEETING. MAYOR FLOOD: YES ~ THE FINDINGS RIGHT HERE, BUT THIS MEETING IS" 'Di'~F~RENT. PALUCH: THE TESTIMONY AT THE OTHER MEETING WAS IN REFEI~ENCE TO WHAT ~ WAS GIVEN REGARDING MASTER PLUMBERS, IN WHICH TI{IS CITY REQUIRES, AND THE LICENSING AND ISSUING OF PERMITS. AS FAR AS THE CORRESPONDENCE THAT WAS SENT OUT, IT WAS AN ERROR. MAYOR FL'OOD..~ THEP, E iS A MOTION ON THE FLOOR TO ACCEPT THE LICENSE, I AM NOT QUESTIONING THAT QUESTION. IF IT PASSES, WHAT LICENSE ARE WE GIVING HIM, THE H .& H BLOCK? THATS THE QUESTION, I DON'T KNOW WHERE. WE ARE. MIt. KILBRTDE: IF I MAY ANSWER FOR THE BOARD, IT CERTAINLY IS A DIFFICULT QUEST'IoN' AND ANSRr~'R, THE BOARD HAS DETERMINED THAT THE LICENSE WAS ISSUED IMPROPERLY AND THAT THE CERt. TIFICATION WAS ALSO. -- -II- SEBASTIAN CONSTRUCTION B'0ARD - AUGUST 3, 1982 MR. KILBRIDE: WHAT THE MOTION STATES IS THAT THE .APPLICANT, ONLY THE APPLICANT FOR THIS EXAM FOR THIS TIME HAS NOT VIOLATED SECTION 7-100 REQUIRING THE BOARD, WITH SUFFICIENT, HE HAS NOT TAKEN ACTION TO CON- STITUTE A CAUSE FOR THIS DISCIPLINARY ACTION, THATS ALL ITS SAYING, ITS NOT AUTHORIZING THAT TEST IN THE FUTURE OR ANY OTHER PURPOSE NOW. SO FAR AS THE CITY LICENSE IS CONCERNED, IF THE MOTION PASSES, HIS LICENSES STANDS. THE SEPARATE QUESTION, CONCERNS THE ACTION VERIFYING TO OTHER DEPARTMENTS BLOCK & ASSOCIATES WAS ADMINISTERED, THAT IS THE BASIS F~R. iRECIPROCITY IS THAT A BLOCK EXAM IS ISSUED AND THAT THOSE OTHER DEPARTMENTS COULD NOT RECOGNIZE THIS TEST THAT WAS ADMINISTERED PROBABLY REGARDLESS, OF GOOD FAITH OR MISTAKENLY. MAYOR FLOOD: THE QUESTION ON THE FLOOR IS WHETHER YOU ARE GOING TO ACCEPTHISLICENSE IS NOT. MR. PALUCH: WHAT WE WOULD BE ACCEPTING IS AN ORAL EXAM PREPARED AND ADMINISTERED' 'BY'L THE CITY OF SEBASTIAN AND IT SHOULD SO STATE ON THE RECORD. MAYOR FLOOD: IT ALSO IS GOING TO PREPARE HEAVILY ON WHAT MY ADMINISTRATIVE ACTION IS GOING TO BE. MR.' KILBRI'DE: IT DOES NOT VALIDATE THAT TEST, IT' S. iONLY DEALING WITH MR. ADAMS AND ONLY HIS LICENSE ISSUED BY THE CITY OF SEBASTIAN. MR. PALMER: IT MEANS IF HE STAYS IN THE CITY ALL THESE LETTERS THAT WEI~TO OTHER MUNICIPALITIES, WHICH IS GOING TO BE A PROBEEM",LATER ON WHEN IT COMES BACK TO US, MAYBE WE OUGHT TO CONSIDER A LOCAL LICENSE ONLY. MR. PALUCH: THE WAY I SEE IT1 IS, THE RECORDS SHOW, LIKE BILLY SAID, ALL HE ASKED WAS FOR HIS RECORDS TO GO OUT, AND PROBABLY WITHOUT CHECKING THE RECORDS, THE,,. LETTER.,WAS MECH'. ~'~i'~ ..... ANICALLY WRITTEN, I MEAN WE SEND THEM OUT ALL THE TIME.; MI{,. KILBRi'DE AS FAR AS_~THE OTHER ACTION IS CONCERNED, IF IT IS WARR~'D iT IS SEP- ARATE FROM THIS MOTION, iTS NOT AN .AUT(~MATI'C. 'MR.' Ti~I]~P: BASICALLY, WHAT THE MOTION BEFORE THE BOARD IS RIGHT NOW, ~ TAKE ORDIN- ANCE 7-93 OF PART THREE, WHERE IT REQUIRES A WRITTEN EXAMINATION AND THAT THE EXAMINAT~ON~ MUST BE BLOCK AND ASSOCIATES PROCTOR TESTED AND OR EQUIVALENT TEST ASDMAY BE DETERMINED BY THE BOARD, %~{AT THE MOTION IS BEFORE THE BOARD IS BASCIALLY IS THAT WE GIVE AN ORAL EXAMINATION. MR. CALMES: THE MOTION IS STATING THAT WE RECOGNIZE THaT TH~ TEST THAT WAS TAKEN, HIS QUALIFICATIONS AND ALSO RECOGNIZE THE MISTAKE WAS MADE. MK~i ~GL~'.I'S: MOTI~N B'EFOREA. TIIEi-BflAHD RIGHT NOW.ONLY PERTAINS TO THIS PARTICULAR ITEM ON THE AGENDA RIGHT NOW', IT HAS. NOTHING TO DO WITH FUTURE, SITUATIONS OF THiS TYPE, AM I CORRECT DAN., 'M lt.,' KiLBI~tDE.: YES. MR. PALUCH: ,,GI,,VE ME A ROLL CALL VOTE: M~. LAI~GL'0IS "'YE~"'.,.'.,M~,.' I'KIPP "'NO", , , , t! ti'. - , ,- , ~ ~ ! · ' ti' ' .~t ~ NO , MR.' PALMER'NO , l~I~,· CLAMES... 'YE-S" CI~I~ · YES' ~ CARRIED, TIE, THREE, ~RE~.' VOTE. MR. CALMES: 0~ ~u~ ~u~, PARAGRAPH "E", Mlf. PALUCH: THE MAJORITY VOTE-~FI"LL-F~qUIRED TO ACT AND IF A TIE VOTE OCCURS, ANY PARTIC~R ACTION SHALL BE AUTOMATICALLY BE REQUIRED A SECOND HEARING WITH ALL SEVEN MEMBERS OF THE BOARD PRESENT, MR. KIRRIE SHOULD BE BACK SEPTEMBER 1 ,~ 1R8'2, MR.' KILBRTDE: ~ WOULD STATE TCt'SEE._.WHERE THAT REQUIRES, HOWEVER, IF THE B0kRD WiSHES' THEY COULD EN- TERTAIN A SECOND MOTION, THAT COULD BE PHRASED DIFFERENTLY TO .SEE 1F THE MAJORITY WOULD CARRY IT OUT .AND SOLVE THE 'PROBLEM HERE.' ~ WHERE SHOULD THAT MOTION COME FROM? DO YOU HAVE AN ALTERNATEV~01~,'-DO- YOU JIM? MR. C~S: I DON'T KNOW'HOW TO APPROACH IT,' Mlt,' PALUCH: IF WE DON'T ~ MOTION TO ENTERTAIN, WE WILL WAIT"~VE A FULL BOARD. MR. 'CALMES: WOULD IT MAKE ANY DIFFERENCE..TO' THE WHO VOTED NAY TO MAKE SOME STATEI~ENT 'AS TO THE. VALIDITY?OF THE LICENSE) I DON'T KNOW, I AM JMST THROWING OUT FOR EXAMPLE BASICALLY ALL WE ARE SAYING IS THAT IT w~'ULD BE LIMITED T6 LICENSING I~ THE CITYii;~F';SEBAST1AN~ MR. PALUCH3 I WAS UNDER THE IMPRESSION THAT THE MOTION WAS 'TO ACCEPT HIS LICENSE BASED ON THE L~T~ER ERROR AT THIS TIME, OR DESIGNATED'PER- SONAL ADMIT. =12- SEBASTIAN' CONST_RUCT.IO_~. BOARD... - ~AUGUST 3, 1982 MR. PALUCH: YOU HAVE TO LIVE WITH THAT, LIKE WE SAID AND SECOND OF kLL THE RECORDS SHOULD REFLECT, EVEN THOUGH YOU DIDN'T STATE IT, THE STATEMENT KEEPS COMING OUT THAT LETTERS ARE GOING OUT STATING .THAT AN H & H BLOCK EXAM HAD BEEN TAKEN AND-SUCCESSFULLY PASSED. WELL THE RECORDS ARE IN ERROR. THE RECORDS ARE ACCURATE BUT THE LETTERS ~WERE~IN ~EtC~DR. I GUESS IF I WROTE A WRONG LETTER AND IT GOT OUT, CORRECT IT. MR. KILBRIDE: I THINK WHAT MR. CALMES IS ASKING IF THE MOTION IS PHRASED DIFFERENTLY, THEN WOULD YOU RECONSIDER YOUR ~OTE'.'.~'~, IF lIT DEALT WITH THAT OR EXCLUDED THAT.. PK~VIS~[ON~i~MR~._~PALUCH: ~(E~, STATED, I JUST WANTED THAT OUR RECORDS WERE-'~A~~-~T~,-'-~'~Ij-~ THE LETTERSYTHAT WENT OUT WERE IN ERROR. THE FILE THAT WE HAVE CLEARLY STATES EVEN HAS THE EXAM IN THERE, WHICH IS THE ONLY FILE"WE HAVE THAT HAS A COPY OF AN EXAM IN IT, RIGHT ARTIE. WE DON'T HAVE ANY OTHER FILE THAT HAS A COPY OF AN EXAM IN IT. S~I?.I.F SOMEBOI~Y REQUESTS. 'THAT THEIR RECORDS BE SENT TO ANOTHER CITY THEY SHOULD BE SENT .AS COMPLETE AS THEY ARE IN OUR FILES, HE STATES THAT IS WHAT HE REQUESTED TO HAI?PEN.~AND ERR~R~.3r~ETTERS.i WERIt. SENT,. iOUT.~ WITH THE WRONG INFORMATION, SO CORRECT THE INFORMATION MR, CALMES: WHAT I AM TRYING TO FIND OUT IS, IF THEREBEIS A PROBLEM I~ THE FORMAT OF THE MOTION, I-KNOW A MORE MOTi.0N CO.ULD DRASTIC. MR. PALUCH: I SORT OF FEEL SOME OF THE BOARD TH~NKS JUST BE- CAUSE APPt~ICENSE, THAT MEANS WE WILL HAVE TO-.GO OUT. AND GIVE ORAL EXAMS. THATS NOT GOING TO HAPPEN. WE ARE APPROVING A MISTAKE THAT WAS MADE NOT A TEST, WE ALREADY DISALLOWED. LIKE WAS STATED DUE TO THE INTENT, ALL CIRCUMSTANCES, THIS IS NOT GOING TO SET A PRE¢E'DENCE. MR. PAAMER: THESE LETTER WERE SENT OUT, WHATS GOING TO HAl;PIN WHEN TH~ c--O'-~CK TO US .AND THEY SAY WE ARE NOT GOING TO HONOR THIS GUY. MR. LANGLOIS: IF INDIAN RIVER COUNI~f DECIDES THAT THEY CAI~I~OT ACCEPT ~T METHOD 2~ND WILL NOT HONOR HIS LICENSE IN THE C~, THEN THATS GOING TO BE THE BREAKS FOR MR. ADAMS. IF BREVARD COUNTY SAYS THEY ~LL NOT RECOGNIZE THAT ORAL EXA14INATION, SORRY YOUR LICENSE CANNOT BE VALID IN BREVARD COUNTY. MR.' PALUCH: YOU HAVE COPIES OF TEE ;.LETTER THAT WENT OUT, BASICALLY THEY A~ 'A FORM LETTER THAT GOES OUT'TO EVERYBODY, MR. PALMER : THA~S WHAT THEY BASE IT'ON, THEY BASE IT 'ON RIGHT HERE. MR. LMES: IF THAT MOTION HAD BEEN PASSED, IT WOULD I{AVE SAID THAT HE CO~ BEEN A LICENSE PLUMBING CONTRACTOR IN THE CITY OF SEBASTIAN AND FROM THAT POINT ON, ITS UP TO THE OTHER MUNICIPALITIES TO-DECIDE, ONCE THEY ARE GIVEN THE CORRECT INFORMATION..' MR.' FR~...K OB'E~RBEUK: I HAVE NO BUSINESS ASSOCIATION WHATS SO EVER WITH MR.'ADAMS..' l' AN IMPORTANT QUESTION RIGHT NOW TO ASK MR. ADAMS, IT WOULD BE, DID HE RECOGNIZE THE FACT THAT THE LETTER WAS SENT OUT IN ERROR THAT IT DID STATE H & H BLOCK AND THAT IF IN FACT THE OTHER MUNICIPALITIES DID NOT RECOGNIZE IT AND HE WAS ISSUED A CiTY LICENSE, WOULD HE THEN BE IN ACCEPTANCE OF THAT. I MEAN WE ARE ADMITTING TO THE ERROR, THAT IT IS STATED H & H BLOCK. APPARENTLY THE BOARD IS BECAUSE' YOU RE~.EREDi TO IT. WOULD HE BE IN AGREEMENT WITH THE FACT THAT IT .WAS AN ERROR WHEN IT WAS SENT OUT. THAT SEEMS TO BE THE ISSUE, THEN IT WOULD BE-J~P'£T0 MR. ADAMS WITH ANY OTHER DISTRICT OR ANY OTHER AREA. DO YOU KNOW WHAT I AM .SAYING. IF YOU WERE TO JUST ISSUE HIM A SEBASTIAN CITY LICENSE HE COULD FALL BACK AND SAY YOU MAILED OUT THE LETTER ~AYING THAT I GOT A 75% OR WHATEVER ON H & H BLOCK, I THINK YOU ARE':-.CRF~ATING Ai"FURTHE~ ISSUE IF HE IS ISSUED A CITY OF SEBASTIAN .LICENSE AND THE LETTER HAS ALREADY GONE TO THE OTHER COUNTIES ' MR. PALUCH:HE ALlY AIIMITTED TEAT HE DID NOT TAKE H & H BLOCK. ' MR.' OB~ DID NOT KNOW THE LETTER~ SAID H & H BLOCK, HE DID NOT REAliZE THAT THE.i.-LE~ER THAT WAS SENT OUT . TO ~{E OTHER COUNTIES SAID H & H BLOCK. "MR.~ P~UCH: AS HE STATED, ME I~ I AM WRONG BILLY. HE REQUESTED THAT HI'S~ ~EC0RDS BE SENT TO THESE ''..;- MUNICIPALITIES. -13- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR. PALUCH: ISN'T THIS WHAT YOU STATED. MR. ADAMS: YES. FRANKiii~OBERBECK: OK, WOULD HE RECOGNIZE THE FACT NOW THAT-~RE SENT IN'ERROR. MR. PALUCH: HE RECOGNIZES THE FACT NOW, YOU KNOW THAT YOU HAVEN'T TAKI~N A BLOCK EXAM CORRECT. MR. ADAMS THATS RIGHT. MR. PALUCH: DO YOU RECOGNIZE THAT. MR. ADAMS: YES. ~f~: DID YOU EVE~-~TTERS GO OUT, DID YOU. MR. ADAMS: NO. MR.' PALUCH:I HEARD OF PEOPLES PETS RECEIVING DRAFT NOTICE~OBERB~Y POINT THAT I AM TRYING TO MAKE IS WHAT KIND POSITION IS THIS PUTTING THE BOARD IN IF YOU RECOGNIZE IT AS AN H & H BLOCK. MR. KILBRIDE: IT IS NOT BEING RECOGNIZED AS AN H BLOCK. FRANK OBERBE'CK: OK, BUT THE LETTER THAT WENT OUT TO THE ADJOIN- ING ADMINISTRATIONS STATES THAT IT WAS AN H & H BLOCK. MR~ KILBRIDE: THE BOARD DETERMINED AT THE PREVIOUS HEARING ON THLII~SDAY,'DETERMINED THAT THE LETTERS WERE SENT IN ERROR. SO THEY KNOW THAT, AND APPARENTLY SOME OF THE BOARD MEMBERS WANT TO CORRECT THAT. THEONLY ISSUE NOW, BUT THE FIRST ISSUE IS THE STATUS OF MR. ADAM'S LICENSE WITH THE CITY OF SEBASTIAN AND NOTHING ELSE. WE ALREADY SAID THAT THE ORAL TEST WILL NOT BE ACCEPTABLE, IT WAS NOT ACCEPTABLE AT THE TIME. THE MOTION THAT WAS PRESENTED ONLY STATES, ONLY STATES, IT DOES NOT VALIDATE THE TEST, IT ONLY STATES THAT THERE WAS NO FINDING THAT Mt~, ADAMS FAILED IN ANY MATERIAL RESPECT TO COMPLY WITH THE PROVISION OF THE ARTICLE. THAT HE DID EVERYTHING HE THOUGHT HE SHOULD HAVE, THAT HE KNEW OR SHOULD HAVE KNOWN THAT THE ORDINANCE REQUIRED. MR'.~ OBERBE'CK: THEN IT ~ALLS TO THE FACT THAT IT WAS AN ADMINISTRATIVE ERROR. THEN ITS IN.TERNAL.'M~iXIL~RIDE: YES. MI{. OBERBECK: THEN I CAN'T UNDERSTAND HOW THREE PEOPLE CAN SIT'DOWN · AND SAY'THEY ARE REFUSING MR. ADAM'S~..'iA.' LICENSE. IF THE PROBLEM WAS CREATED INTERNALLY, THEN ITS UP TO THE BOARD TO RECTIFY. THE INTERNAL PROBLEM. THIS IS THEN A LACK OF COMMUNICATION BETWEEN PART OF THE BOARD AND THE PERSON WHO MADE~THE.~.TTHA~S.'_~.WHAT YOU HAVE TO'LOOK AT. THE BOARD DEALT'I,~ITH THAT OR ANY ATTORNEY WHEN THIS. MAN.IS.SI~TINGHERE WONDERING WHETHER HE ISYA LICENSED CONTRACTOR OR NOT..~I~. KILBRIDE: WE WENT OVER THAT LAST THURSDAY~ WE ARE NOW DEALING WITH.'.~.~.'ADAMS, AND HOW THIS AFFECT HiM. 'MR.' PALUCH..1..THiNKTH1S'ISSUE IS 'GET~N~ VERY cLouDY., CAN YOUREREAD THE-~ACK, JUST JOHN.CALMESiORI'Gi.NA~.,~TION.' BOARD SECRETARY: TO LET THE LICENSE ISSUED TO JOHN'~UINCY AD~'..~'.,'.BEi'ALL~' TO STAND AS IS. MR. PALUCH: WE ARE NOT STATING THAT"'iTS AH & H BLOCK TEST, ITS AS IS. '"'WE ARE NOT TALKING ABOUTLETTE'RS WE ARE TALKING ABOUT HIS LETTERS. COME FORWARD ARTIE. MR.:MAYER: MR, CHAI~,,I THINK WOULD HOPE TO QUALIFY SOMETHING MAY~-~-I~ BY THE OPINION OF THE BOARD, IT BEING SPLIT IN HALF, AND MAYBE ITS ~E~AUS'E OF' NOT UNDERSTANDING WHEN THE MOTION WAS TO LET THE LICENSE STAND. I THINK AND I AM SURE, I HAVEN'T EVEN TALKED TO-I~. ADAMS OR HIS ATTORNEY, BUT~AM SURE THAT HE WILL AGREE IF THE BOARD OR THE OTHER MEMBERS THAT VOTED NAY WOULD FEEL, TO GIVE HIM A LIMITED LICENSE FOR THE CITY OF ~STIAN, THE LETTERS THAT WERE SENT OUT WERE AN ERROR, I ADMIT THAT, T CAN SEND OTHER LETTERS TO TAKE CARE OF THEM LETTERS, THAT WOULD BE THE END, 1 COULD SEND LETTERS TO THE SAME PEOPLE THAT THESE WERE SENT.TO AND THAT WOULD CLARIFY THE LETTER PART OF IT. MR'.-~.S: -WE ARE ONLY AUTHORIZED TO DEAL WITH THE CITY OF SEBASTIAN.ON LICENSING, THERE IS NO LIMITfNEED TO BE PUT ON IT. THATS ALL WE ARE TALKING ABOUT IS HIS CITY LICENSE, NOW' ONCE INDIAN RIVER COUNTY RECEIVES CORRECT 1NFORMATIONAND WANT TO RE- VOKE HIS LICENSE, THAT IS THERE DECISION. IF BREVARD COUNTY WANTS TO REVOKE HIS LICENSE THAT IS THEIR DECISION, MOOREHAVE~, FLORIDA, THATS THEIR DECISION. MR. PALUCH.: THE WAY I SEE 1T THEY HAVE TO DO THE SAME THING WE DID, THE~f--~E THAT THIS WAS DONE BY ALL GOOD iNTENTIONS,. ]~.: YES, THEY MAY HAVE TO, BUT~I/}IATS THE PROCES'S THAT EACH ONE OF-THEM IS GOING TO HAVE TO TAKE. -14- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3, 1982 MR. ADAMS: ITS JUST THAT THOSE LETTERS HAVE NEVER BEEN, NO LICENSE ~EEN ISSUED ON THOSE LETTERS 3UST ONE, THAT IS INDIAN RIVER COUNTY, MOOREHAVEN WAS JUST TO SEE IF THEY WOULD ACCEPT THAT. TWO OF THOSE LETTERS, ONE IF EROM MOOREHAVEN, AND ONE FROM PALM BAY, THERE HAS NEVER BEEN NO LICENSE iSSUED ON THOSE LETTERS. THE ONLY ONES ISSUED IS FROM INDIAN RIVER COUNTY. MR. PALUCH:LET ME ASK OUR ATTORNEY SOME- THING, IS THE ADMINISTRATION OF THE CITY OF SEBASTIAN, NOW THAT THESE FINDINGS HAVE COME ABOUT,RESPONSIBLE TOi.%CORRECT THAT INFORMATION THAT WAS SENT OUT IN ERROR? MR. KILBRIDE: YES. I WOULD THINK YOU HAVE A CER- TAIN AMOUNT OF OBLIGATION. 'MAYORFLOOD: I JUST ASKED A QUESTION A WHILE AGO, HE MADE A STATEMENT THAT HE HAD A PALM BAY LICENSE, I THOUGHT I UNDERSTOOD HIM SAYING, NOW HE IS SAYING THAT HE DOES NOT HAVE ONE, I'M SORRY. MR'. ADAMS: OF COURSE, I MEAN I KNOW THERE UP THERE IF I WANTED ONE, I HA~EEN UP THERE. MR'. PALUCH: WHAT I ASKED OUR ATTORNEY IS SINCE AN ERROR HAS BEEN DISCOVERED,' IM' IT NOT OUR AUTOMATIC OBLIGATION TO RESCINDOR CORRECT THE INFORMATION THAT WAS SENT OUR, REGARDLESS OF WHAT THE OUTCOME OF THIS HEARING AND LET THOSE OTHER MUNICIPALITIES TO ACT AS THEY SEE FIT. WE ARE NOT VOTING TO COVER ANYTHING UP OR MAKE A FALSE STATEMENT, OR ANYTHING LIKE THAT'. MK.'CALMES: YU~..~NA%~E?~RTIE AS YOUR ADMINISTRATOR HE IS THE CAP STONE OF THE PYRAmiD AND WHATEVER HE DID ON TOP, AS FAR AS YOUR 'NO VOTE, I THINK ITS UNFOUNDLY, OF ALL THE EVIDENCE YOU HAVE BEFORE YOU TODAY GENTLEMEN.,-.MR..'HARKIS: HE-.HAS THE RIGHT TO APPEAL TO THE CiTY COUNCIL. MEf'F~.'~E HE DOES, THATS EXPENSIVE, THATS NOT YOUR .POCKETBOOK, ITS HIS.' MR. HARRIS: IS IT EXPENSIVE MAYOR FLOOD, .'.MAYOE FLUOD THE ONLY EXPENSE 1~ BRINGS HIS ATTORNEy. MR.' KILBRID-~. MOTION WAS RESTATED ~i. CLARIFY ANY POINTS WOULD THERE'."MR.?]~RI~IS: ~WOULD L~O:-.~t~O':~..-.ONE 0~':-~ TI40 TH.I~NG,: WAIT~%UNT'IL THE"OTHERi~MES BACK, OR TAKE IT"-'TO THE CITY COUNCIL, THE WAY I SEE IT. THERE IS A PROVISION 'IN THERE WAIT UNTIL THE OTHER_MEMBER COMES BACK, THAT lS WHAT IT STATES. IF WE DON'T WANT TO FOLLOW THE THING THE WAY IT IS WRITTEN, THEN. MR. 'CALME'S:: I WOULD THINK THEN THAT WE WAIT FO'R.~ME:"~HERMEMBER TO COME B~CK., I AM SURE EVERYONES DECISION WAS MADE ON'THEIR OWN RIGHT, SO LETS WAIT UNTIL OUR OTHER MEMBER COMES BACK. MR. K1LBRIDE: MY STATEMENT'TO THE BOARD WAS, THAT THE LICENSE IS VALID, UNTIL THE BOARD MEETSAND DOES OTHERWISE. BUT IF YOU DO WANT To.DIRECT AS FAR AS-~THE OTHER ISSUE 1S CONCERNED, CONCERNING THE LICENSES FOR RECIPROCITY, THAT:iS'A. SEPARATE ACTION THAT YOU MAY WISH TO DIRECT TODAY', THE BUILDING'OFFiCIAL TO TAKE ADMINISTRATIVE ACTION. MR. CALME'S: IN._.THE_[,~MINUTES¥O.F THE~T~.ST MEETING, I BELIEVE THAT THE ~.~TTER WAS SUBMITTED TO THE MAYOR FOE ADMINISTRAT.1VE ACTION. MR. MAYOR: YES, I WAS WAITING, 1 THINK WOULD COME UNDER ME, I WAS WAITi~E OUTCOME OF THIS MEETING BUT PART OF MYADMINISTRATIV~ ACTION WOULD BE TO HAVE ART1E SEND'OUT A LETTER TO S~Y THaT THERE WAS A MISTAKE MADE, EXPLAINING WHAT HAPPENED, WHAT KIND OF TE'STWAS GIVE. BUT I WOULD LIKE TO ADDRESS THE BOARD FOR JUST A COUPLE OF MINUTE'S 5 WHEN I HEARD... THE STATEMENT A WHILE AGO THAT H & H BLOCK, I AM A HAiTiAN OR A GREEK OR I'M A TURKEY, THIS BOARD HAS TO GIVE HIM AN ORaL EXAM. OK, THAIS WHAT I WAS TOLD, TEAT H & H 'BLOCK SA~S¥~ HAVE TO.~ I'M JUST LIKE THE GENTLEMEN BACK HERE, IF WE GET AN AMERICAN CITZZEN W/{O CAN'T READ OR WRITE AND THIS BOARD IS NOT GOING TO GIVE HIM AN EXAM, I THINK ITS TIME FOR THE CITY COUNCIL OF THE CITY OF SEBASTIAN TO STAND UP. ~F I HAVE TO ACCEPT A CUBAN OR A HAITIANOR SOMEBODY ELSE.TO COME UP HERE AND TAKE AN ORAL EXAM THAT I CANNOT MAKE AVAILABLE TO A CITIZEN OF THIS COUNTY, THIS CITY, I~.THINK ITS TIME TO CHANGE OUR RULES AND REGULATZ0N, I WILL NOT TOLERATE, BECAUSE YOU ARE A FOREIGNER, AND YOU'PEOPLE HAVE GIVE~'-~.~_'E~THE EXAM. -15- SEBASTIAN CONSTRUCTION BOARD . AUGUS%.3, 1982 MAYOR FLOOD: WHEN YOU HAVE A MAN LIKE BILLY, WHICH EVERYONE SAID THAT HIS CAPABILITIES ARE THERE AND I THINK IF ANYONE ELSE HAS CAPABILITIES ~DSTHI~SAYS THAT WE WILL NOT GIVEr'.ANOTHER ORAL EXAM, THEN I THINK I WILL TAKE IT TO THE CITY COUNCIL, IF I HAVE TO ACCEPT AN FOREIGNER TO TAKE AN ORAL EXAM. I THINK OUR LOCAL PEOPLE AND AMERICANS SHOULD THE SAME RIGHT. MR. PALUCH: WAIT A MINUTE, WE HAVE BEEN IN CONTACT WITH BLOCK AND ITSTATES IN THEiR MANUAL, THIS INFORMATION.THAT YOU JUST CAME UP WITH, WHERE DID IT COME FROM. MAYOR FLOOD': ARTIE JUST MADE THE STATEMENT, HE SAID BLOCK TOLD HIMTHAT.'M~.' PkLUCH: HUSTON HAS CALLED THEM, THIS IS NEWS 'TO THE BOARD, NEV~Y THING ABOUT IT, MAYOR.FL. pOD: THIS STATEMENT WAS MADE AT THIS MEETING, AND WITH THE INFORMATIONi-~OT TONIGHT, THIS AFTERNOON, I~AM JUST SAYING, I AM NOT BEING CRITICAL OF THE BOARD, IM JUST SAYING ON THE INFORMATION, THAT THIS BOARD HAS TO ACCEPT SOME FOREIGNERS AND THINK THEY SHOULD ACCEPT AN AMERICAN. MR. TRIPP: I AGREE, BUT THIS WAS NOT THE INFORMATION GIVEN TO US BY BLOCK.--~OOD: THIS IS WHAT I WILL DIG INTO, I WILL CALL H & H BLOCK & ASSOCIATES AND .FIND OUT WHAT IS GOINGON. ARTIE~ MADE THE STATEMENT A WHILE AGO THAT BLOCK GIVES AN OI{AL EXAM T0~S~M~8lqE · HH0.CAN~OT..S'PEAK O~HER iTHAN. A'JOi~YMAN. I AM NOT TRYING TO BK'~CR~TICAL OF THE BOARD, BUT I'F WE HAVE TO AC. CEPT SOMEONE OUTSIDE OF OUR COUNTRY THEN WE SHOULD ALSO BE ABLE TO ACCEPT OUR OWN. I'WILL CHECK IT AND HAVE A REPORT BACK. I THINK THE BOARD HAS DONE A THOROUGH JO~ ONE OF THE QUESTIONS BROUGHT TO THE ATTORNEY i WOULD LIKE TO ~~"MATTER OF RECORD OF IS THAT WE ARE NOT TRYING TO HIDE ANYTHING. WHEN WE"~;EN'ETBACK AND '~TARTE~0BIGGING, WE FOUND OUT THAT I HAVE NEVER APPOINTED MR. PALUCH OR APPOINTED MR. TRIPP. MK' PALUCH': I.THINK.YOUARE WI~ONG THERE, PAT WE GOT MINUTES, SHOWING T~'-A~NTS. MAYO~FLO'OD: I DON'T RE- MEMBER DOING THAT. MI~.; MAYER: I THINK THE APPOINTMENTS WERE CHAIRMAN AND VICE CHAIRMAN.. ~': THREE YEAR TERMS'. MAXrO~ FLOOD: WHAT I FOUND SO FAR, EVEN AT"iTHAT, I ~ANT TO CLARIFY A POINT~ I SPOKE TO THE CITY ATTORNEY ABOUT I'T, AND THE ATTORNEY' SAID AS LONG AS UNDER MY ADMINISTRATION, THAT I AM RIGHT, BUT AS LONG AS I DID NOT REAPPOINT. I~'~JJUST SAYING THERE IS A QUESTION GOING Ai~OUNDWHETHE~ YOU ARE ALL LEGAL OR NOT, BUT I DID GIVE IT OUR ATTORNEY. HE DID SAY THAT AS LONG AS IT iS THE SAME ADMINISTRATION AND SEE NOT FIT TO APPOINT SOMEBODY IN YOUR PLACE, THAT IT WOULD BE AUTOMATICALLY. MR'.PALUCH'.: DEBBIE DO YOU HAVE A COPY OF THOSE MINUTES, PLEASE GIVE-~OF THE MINUTES. I WOULD LIKE TO TH~dqK YOU, AND I WOULD-ASSUME..~T YOUHAVE APPOINTED DEBBIE AS OUR OFFICIAL SECRETARY,'MAYO~FLOOD.': YES. ~ .FLOOD: I'M GLAD WE HAVE THIS,I~'DON'T"REMEPiBEN~ING THAIS,1' 'WENT THROUGH THE OTHER NIGHT AND I OOULD NOT SEE--WHE-~ I ' ~APPOINTED YOU, YES I SEE IT HERE, I JUST WANTED TO MAKE THIS PARTUOF THE RECORD.' t~.'-7'P4LUGH: THE OTHER MEMBER IS ON AN EXTENDED EXCUSED ABSENC~ ~ACATIONING IN CALIFORNIA IS' KRIS KIRRIE. AS SOON AS HE GETS BACK IN I WILL CALL A SPECIAL MEETING, TO LET YOU KNOW BILLY, I WILL WRITE YOU A LETTER. WILL THAT BE SUITABLE? ME. ADAMS: YES SIR. M~; HARRIS: HE DOES HAVE THE RIGHT TO APPEAL IF H~'FEELS HE DOES NOT WANT TO WAIT UNTIL SEPTEMBER, MR. KILBRIDE: THE'BOARD HAS NOT TAKEN ANY ACTION.'MAYORFLOOD: I THINK ~AT THERE IS ALOT ON MY PART, REGARDING THIS]'~ SI~EwE HAVE RELIED ON ARTIE FOR S~MANY THINGS, I AM NOT'TRYING TO~.'TAKE UP WiTH ARTIE OR CONDEM THE BOARD, BUT I THINK THAT THE ACTIONS. THE BOARD HAS TAKEN AS FAR AS REVAMPING AND SETTING OUT MORE GUIDELINE, THIS WiLL SOLVE SOME OF THE PROBLEMS IN THE FUTURE. ITS GOING TO HELP ME AND'ARTIE, SO WE WILL KNOW'WHERE WE STAND, ITS VERY SELDOM THAT 'ART1E .TAKES ANY ~ BEFORE HE CONSULTS ME. THERE ARE SOMETIMES', THAT DO~iSURPRISE ME. -16- SEBASTIAN CONSTRUCTION BOARD - AUGUST 3~ 1982 MAYOR FLO0~: I WOULD LIKE TO SAY THAT I AM GLAD THE BOARD HAS TAKEN THE TIME TO GO OVER THIS ORDINANCE AND RESTRUCTURE SOME OF IT BECAUSE I~ IS iN SOME PLACES, IT CAN BE INTER~RETEDi'DIFFER~NTA~.I AM GLAD THAT THE BOARD IS ON THE RIGHT TRACK AND THAT HE IS MERE, AND WILL BE DOIN~_.THE~JOB OF ADMINISTRATIVE ACTION AND WILL HAVE IT OUT WITHIN THE NEXT TWO OR THREE DAYS, I APPRECIATE THE THOROUGH INVESTIGATION AND LETS HOPE THAT MR. KIRRIE GETS BACK SOON SO WE CAN SETTLE THIS ISSUE. MR. PALUCH: I WOULD LIKE TO MAKE A STATEMENT TO SANDY, FOR .... ' ANYONE WHO IS INTERESTED, THAT ANY APPLICANTS FOR CONSTRUCTION LICENSES, NOW GO THROUGH THE CITY CLERKi'S OFFICE. MR. KILBRIDE: MR. CHAIRMAN IN VIEW OF THE MAYORS REMARKS CONCERNINGTHE BOAP[D LOOKING INTO THE POSSIBLITY OF AUTHORIZING AN ORAL EXAM FOR CERTAIN CATAGORIES AND SINCE HE WILL BE DIGGING INTO IT, MAYBE WE WOULD WANT TO TAKE STEPS EOR THE BOARD TO DO THAT, SO IT CAN COME UP WITH A RECOMMENDATION WITHIN A REASONABLE PERIOD OF TIME WHETHER TO AUTHORIZE THEM AND' UNDER WHAT CIRCUMSTANCES. MAYOR FLOOD:LET ME CALL TOMORROW AND SEE WHERE WE ARE. IF MLOCK SAYS THAT YES THAT THEY HAVE TO DO THIS THEN I~?IW~LL SEND EACH MEMBER OF THE BOARD A MEMOi'INDICATING THE FINDINGS AND WISH THAT YOU WOULD TAKE ACTION INCLUDING AMERICAN ' MR. PALUCH: MOST OF THE FEED BACK THAT I HAVE EVER GOTTEN FROM ANYBODY TAKING ANY BLOCK EXAM VERSUS TAKING STATE CERTIFIED, I MAY BE WRONG, BUT I HAVE ALWAYS BEEN UNDER THE IMPRESSION THAT STATE DOES GIVE ORALS. EVERYBODY THAT I HAVE EVER TALKED TO THATS TAKEN COMPARISON -.'THEiiSTATEYEXAM/.?I IS EASIER THAN THE BLOCK EXAM.'MR. PALUCH: WE HAVE QUITE A FEW ITEMS IN THE ATTORNEYE HANDS NOW FOR AN ORDINANCE CHANGE, AND AN ORAL EXAM WOULD REQUIRE ORDINANCE CHANGE, WE ARE LOOKING AT SEVERAL OTHER ORDIN- ANCE CHANG. -MAYOR FLOOD: I WILL HAVE AN. ANSWER TO ALL OF YOU BY TO COMPLETE ~HE 1982-198.3 BUDGET. MOTION CARRIED, -17-