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HomeMy WebLinkAbout08261982SEBASTIAN CONSTRUCTION BOARD - AUGUST 26,. 1982 HEARING CALLED TO ORDER BY EDWARD PALUCH , CHAIRMAN, SEBASTIAN CONSTRUCTION BOARD PRESENT: DON LANGLOIS, HUSTON TRIPP, CHRIS KIRRIE, JIM HARRIS, GREG PALMER, JOHN CALMES, ATTORNEY DANIEL KILBRIDE AND EDWARD PALUCH, BOARD CHAIRMAN. ED PALUCH: ASKED ATTORNEY KILBRIDE TO ADVISE THE BOARD HOW TO PROCEED. ATTORNEY KiLBRIDE: ASKED MR. KIRRIE IF HE HAS HAD AN OPPORTUNITY TO REVIEW ALL OF THE MINUTES FROM THE PREVIOUS MEETINGS, DEALING WITH THIS ISSUE. MR. KIRRIE: GOING BACK TO THE MINUTES OF JULY 29, 1982 AND AUGUST 3, 1982, ARE THOSE THE MINUTES THAT ARE PERTINENT· YES, I HAVE,REVIEWED THEM. ATTORNEY KILBRIDE: ASKED MR. KIRRIE, IF HE FEELS HE HAS REVIEWED THEM SUFFICIENTLY ENOUGH, TO WHERE HE UNDERSTANDS .THE ISSUES INVOLVED AND ASKED IF HE NEEDED ANY FURTHER CLARIFICATION FOR THE TESTIMONY IN ORDER FOR Him TO MAKE A DECISION. MR. KIRRIE: SAID NO, I BELIEVE I HAVE SUFFICIENT iNFORMATION, IN THAT THESE ARE VERBATIM TRANSCRIPTS, ARE THEY NOT. ATTORNEY KILBRIDE: SAID YES THEY ARE. ATTORNEY KILBRIDE: SAID GENTLEMEN, SINCE MR. KIRRIE WAS THE ONLY MEMBER NOT PRESENT AT THE LAST MEETING AND ALL OF THE OTHER MEMBERS HAVE HAD AN OPPORTUNITY FOR., REVIEW.,. HE_. DID NOT BELIBUFE~3~HAT THE RULES WOULD REQUIRE THAT WE HAVE ANY REPEAT OF THE TESTIMONY THAT YOU HAVE HEARD, UNLESS ANY MEMBER WISHES TO ASK ANY QUESTION OF THE BUILDING OFFICIAL OR MR. ADAMS OR ANYONE ELSE, CERTAINLY NEEDS TO DO THAT. BUT IF THEY ARE SATISFIED THAT THEY HAVE ALL THE INFORMATION THEY NEED, HE DIDN'T 'SEE ANY REASON WHY THE BOARD COULDVNOT PROCEED DIRECTLY TOWARDS RESOLVING THIS DECISION WITH A MOTION. ED PALUCH : ASKED IF THE MOTION NEEDED TO BE REREAD THAT WE GOT A LOCKED VOTE ON. ATTORNEY KILBRIDE: S~iD THERE WOULD BE A NEW MOTION, THAT THE BOARD IS NOT BOUND BY THAT MOTION AND THAT A NEW MOTION CAN BE PRODUCED BY ANY MEMBER. MR. KIRRIE: ASKED TO GO OVER THE LAST MOTION, SO THERE WOULDN'T BE ANY DOUBT IN HIS MIND WHAT IT WAS. ATTORNEY KILBRIDE: THE MINUTES OF AUGUST 3, 1982, PAGE 11, 3/4 OF THE PAGE DOWN, MR. CALME$ MADE THE MOTION THAT THE LICENSE OF JOHN QUINCY ADAMS STAND-AS IS, SECONDED BY DON LANGLOI$. SOME EXPLAINATION FOLLOWED~BY MR. CALMES. ED PALUCH : ASKED BILLY ADAMS AND ARTIE MAYER IF HE HAD ANYTHING TO 2~DD AT THiS TIME. MR. ADAMS: SAID NO. MR. MAYER: SAID NO. MOTION BY MR. JOHN CALMES, SECONDED BY DON LAGLOIS, THAT THE LICENSE OF JOHN QUINCY ADAMS BE ALLOWED TO STANDAS IT IS. MR. CALMES: STATED, THAT iN CLARIFICATION ON PAGE 9, THE MINUTES 33/4 DOWN THE PAGE, MR. KILBRiDE IS SPEAKING, THERE ARE I~0 PARAGRAPHS THAT NEED TO BE CONSIDERED AND THEY ARE AS FOLLOWS: THE ACTION OF THE BUILDING OFFICIAL IN CERTAIN RESPECTS YOU ARE BOUND BY CAUSE HE IS ACTING ON BEHALF OF THE BOARD. THE BOARD HAS SAID TO THE BUILDING OFFICIAL, YOU GET THE TEST AND YOU TAKE THE MONEY AND UNDER OUR AUTHORIZA~. YOU GET THE APPLICATIONS TION YOU ISSUE THE PERMITS. - 1 - SEBASTIAN CONSTRUCTION BOARD - AUGUST 26, 1982 MR. CALMES: (Continued Page -1) HE ISSUES THE PERMIT, UNLESS YOU FIND, AS A MATTER OF FACT, THAT THE APPLICANT VIODATED ONE OF THE TWELVE ACTS CONSTITUTING A CAUSE FOR DIS- CIPLINARY ACTION, I DON'T BELIEVE IT WOULD BE APPROPRIATE FOR YOU TO SUSPEND OR REVOKE THE LICENSE. MR. CALMES: SXID,'' THAT LiKE HE HAS STATED AT THE LAST MEETING, HE SEES NO INSTANCES WHERE JOHN QUINCY ADAMS HAS COMMITTED ANY VI.O~LATiON UNDER THE STATUTE. HE FEELS THAT THE BUILD- ING OFFICF~L MAY HAVE MADE AN ERROR OF JUDGEMENT IN THISi'-CASE, BUT HE THINKS ADAMS HAS TAKEN THE TEST IN GOOD FAITH, RELYING ON THE iNFOPJ4ATION OF OUR REPRESENTATIVE AND HIS LICENSE OUGHT TO BE ABLE TO STAND AS IS. A?POINT THAT WAS BROUGHT UP AT THE LAST MEETING REGARDING THESE OTHER COUNTIES AND OTHER MUNCIPALITIES THAT HAVE BEEN ISSUED THE LETTER. I THINK IT HAS BEEN DISCUSSED AND CORRECTED AND THAT THEY WOULD HAVE TO MAKE THEIR OWN DECISION REGARDING MR. ADAMS' LICENSE BASED ON THAT INFORMATION. ATTORNEY KILBPJ~DE: SAID ALTHOUGHiTHE MOTION IS THE SAME, THAT THE BOARD IS$'N~T BOUND BY THE PREVIOUS VOTE. IF ANYONE WISHES TO CHANGE EITHER WAY, YOU CAN DO SO. THIS IS A NEW MOTIdkN AND YOU CAN VOTE THE WAY YOU WISH. BOARD SECRETARY READ THE MOTION AS PRESENTED.AND AUROEL.7;CAL~LUOTE~.3FOLfX~WED~-~~ AYES: DON LANGLOIS JOHN CALMES ED PALUCH NAYS: HUSTON TRIPP CHRIS KIRRIE JIM HARRIS GREG PALMER MOTION FAILED~ MR. KIRRIE: ASKED TO MAKE A STATEMENT TO THE BOARD AND THE AUDIENCE AT THIS TIME. HE STATED THAT.HE FEELg THIS BOARD IS BEING CONSTRUCTED, AND THAT HE HAS BEEN ON IT FOR SOME TIME AND DOES NOT WANT TO SEE IT GO DOWN THE DRAIN. ITS LIKE ANY OTHER .CONSTRUCTION PROJECT, YOU HAVE TO START ON FIRM FOUNDATION. SHOULD YOU BE IN THE PROCESS OF BUILDING IT AND FIND ;~.2Ri~ULT IN THE FOUNDATION, IT HAS TO BE TAKEN OUT AND CLEANED UP AND THE FOUNDATION REESTABLISHED AND MAINTAINED IN ORDER TO GO ON BUILD. IN THAT WE HAVE A FAULT IN THE ACTION OF THE BOARD AND ITS REPRESENTATIVE IN THIS PARTICULAR CASE, I DON'T FEEL IT COULD BE LEFT. IFFEEL THAT WE CAN IN SOME WAY BE TOLERANT OF THE SITUATION AND TRY TO CORRECT IT AND BE AS HELPFUL AS POSSIBLE IN REGARDS TO BILLY ADAMS, IN WHAT EVER WAY WE CAN GO WITH HIM AND TRY TO ESTABLISH A LICENSE FOR HIM. BUT UNDER THE CIRCUMSTANCES, THE ORDINANCE HAS IN NO WAY PROVIDED THAT HE BE ISSUED A LICENSE. IT IS A FAULT, BUT I DON'T BELIEVE ITS A FAULT TO BE LEFT STAND, IFFEEL IT NEEDS TO BE CORRECTED. I MADE MY VOTE WITH NO PREJUDICE OR MALICE WHATS SO EVER, BUT HAS BEEN MADE IN LIGHT OF WHAT WE HAVE DONE THE PAST SEVERAL YEARS IN TRYING TO ESTABLISH A VIABLE BOARD AND A VIABLE LICENSING ATMOSPHERE ONE THAT WOULD BE ACCEPTED BY OTHER MUNICIPALITIES. UNFORTUNATELy,. THE FAULT THAT WE HAVE UNCOVERED AT THIS POINT IS ONE THAT IS NOT ACCEPTABLE BY THE COMMUNITIES AND WOULD LEAVE THIS BOARD AND ANY FUTURE ACTIONS IN THE LIGHT OF BEING QUESTIONABLE. SO AT THAT POINT I DON'T FEEL THE LICENSE CAN STAND. MO~ION BY u~ISJKZRRIE, SECONDED BY GREG PALMER., ~HAT THE LI~ENSE.¥STA~333F~R A?PERIOD~ ~ WiTH.~3A .'SUFFI~IENT.¥FJ~UNT OE_~T~MECTOi-ALLOW MR. ADAMS TO EITHER LOCATE A QUALIFIER OR IN SOME MANNER QUALIFY HIMSELF. MR. KIRRIE: SAID THE REASONABLE TIME FRAME, NEEDS TO BE DISCUSSED TO ACCOMPANY THIS. MR. HARRIS: STATED THAT HE THINKS TWO MOTIONS ARE NEEDED, ONE AS A QUALIFIER AND ONE ALLOWING HIM THE TIME NECESSARY TO TAKE THE EXAMINATION. IF WE.rAREA~GOING TO ALLOW MR. ADMAS TAKE AN ORAL EXAMINATION, IT NEEDSVTO BE EXPLAINED IN THE MOTION. THE ORDINANCE DOES NOT ALLOW FOR IT. - 2 SEBASTIAN CONSTRUCTION BOARD - AUGUST 26, 1982 MR. HARRIS: THATS ONE THING THE ATTORNEY WILL HAVE TO GUIDE US WITH· I DON'T KNOW IF WE CAN TAKE WRITTEN EXAM AND READ iT TO HIM. MR. KIRRIE: EXPLAINED THAT THIS BECOMES AN ORAL AND HAVING TAKEN THAT EXAM MYSELF, RE- CENTLY ENOUGH~~ I BELIEVE TO WHERE THERE IS NOT MUCH CHANGE, THERE ARE PORTIONS OF THAT EXAM THAT AT BEST ARE GOING TO BE QUITE DIFFICULT. ATTORNEY KILBRIDE: SAID AS F~R AS AN ORAL EXAM IS CONCERNED, THE BOARD HAS NOT ADOPTED UN~- FDBMPOLICY TO ADMINISTER ONE, THEY HAVE NOT APPROVED ONE AND SO HE DOES NOT SEE HOW THE BOARD CAN ESTABLISH ONE AT THIS TIME. UNTIL AND UNLESS THE BOARD CHANGES, ADOPTS A UNIFORM POLICY SO THAT ANYONE CAN MEET THE QUALIFICATIONS CAN TAKE AN ORAL EXAM· THERE IS NO PRO- VISION TO PROVIDE A SPECIAL ONE FOR BILLYJ.-~ADAMS, BUT THERE ARE OTHER WAYS/ IF HE CAN ARRANGE FOR THE BLOCK EXAM TO BE ADMINISTERED, WHERE IT IS ACCEPTABLE, 3~ AM NOT SURE, IT APPEARS THAT IT MAY NOT BE.OR THAT HE MAY QUALIFY FOR A STATE CONTRACTORS LICENSE. MR. KIRRIE: IF THE STATE DOES GIVE AN ORAL EXAM, FROM WH~TiMR~'~'TRIPP.~-$3REP~RT HAS BEEN- ON THE EXAMINATION SITUATION, THAT MAY WEL~---BE THE BEST ROUTE. BUT THIS IS UP TO MR. ADAMS TO PURSUE. ED PALUCH: ASKED BILLY IF HE IS ACTING IN THAT DIRECTION, AND THAT HE PRESENT THOSE FACTS TO THE BOARD AND THAT IS WHAT THEY ARE TRYING TO FIND OUT. MR. ADAMS: SAID EVERYTHING I GOT HERE IS IN ONE PIECE OF PAPER. YOU GUYS CAN SIT HERE AND STOP ME FROM WORKING. MAYBE IT WAS NOT LEGAL, I DON'T KNOW, BUT I GUARANTEE IT WAS LEGAL TO ME WHEN I TOOK IT. I WILL TAKE MY TEST, IF I CAN HAVE ALITTLE TIME TO PREPARE FOR IT, I HAVE ALOT OF WORK STARTED AND ALOT I HAVE TO FINISH. IF YOU ALL GO AND TAKE MY LICENSE AWAY FROM ME RIGHT NOW, YOU ARE NOT ONLY HURTING ME BUT YOUR HURTING MY FAMILY AND THAT HURTS ME BAD AND I DON'T LIKE IT ONE BID. I..?HAVE."WORKE~;ZHERE SIX YEARS AND NEVER HURT NO BODY AND YOU CAN ALL SIT UP HERE AND VOTE AGAINST ME WORKING IN TOWN. I JUST DON'T LIKE,?IT, I HAVE JUST ABOUT STOOD ALL I WANT TO STAND, T~ME YOUR LICENSE, I COULD CARE LESS I GOT TO WORK AND MAKE A LIVING, PROVIDE FOR MY FAMILY THEUW~Y I SEE HOW AND YOU SIT HERE, OH NO, YOU CAN HAVE IT, BECAUSE I HAVE BEEN SICK FOR TWO MONTHS WITH THIS.WA~ING, LOOKING AT YOU. YOU ALL THINK YOU HAVE DONE SOMETHING BIG, YOU HAVEN'T, NONE OF YOU, BECAUSE I GO OUT EVERY ~NING-AT~.63~307 ~FE.'.'MY COFFEE AND GO TO WORK, LIKE I OUGHT TO. I GUARANTEE YOU THERE ISN'T A BILL I GOT IN THE LAST YEAR SINCE I H~..~, HAD THI_S ~ICE_N_SE, NOT ONE OF THEM BEEN OVER DUE, NOT ONE TIME. YOU ALL TALK ABOUT RUNNING A BUSINESS, YES I CAN RUN A BUSINESS, I HAVE RUN ONE FOR FIVE YEARS, THREE YEARS RIGHT HERE, AND YOU ALL COME HERE AND TAKE MY LICENSE, WHEN ALL THIS TI~E I WAS HOLDING MY HEAD UP THINKING I HAD SOMETHING TO WORK WITH~ WELL YOU ALL KNOW WHAT YOU CAN DO WITH IT. I WILL STUDY FOR MY EXAM AND I CAN'T HEL~; THE WAY I FEEL RIGHT NOW BECAUSE I AM SICK. I'VE HAD TO STOP IN ~HE MIDDLE OF THE ROAD TO THROW UP BECAUSE I AM SICK OF IT. JUST TO GO OUT AND DO A MANS JOB AND TO DO IT THE BEST.WAY_iI'-KNEW3HOWU~ND~iTHEJWAY t~.WASOTOUGH~f~OW. I GUARANTEE YOU ALL ONE THING, IF THIS IS WHAT I HAVE TO SIT IN FRONT OF TO DO PEOPLES WORK, I DON'T WANT TO DO IT. WI, TH ALL THIS YEARS TIME, I THOUGHT THAT I HAD EVERY THING 'THAT I NEEDED TO GO OUT AND PULL A PERMIT AND DO A MANS JOB· THAT I WANTED TO DO ALL MY LIFE. NO, I CAN'T READ OR WRITE PERFECT, I BET ALOT OF YOU IN HERE AREN'T PERFECT EITHER, GO TO CHURCH AN~i'S~T S~N .THERE.~;~NDJBE-'~PERF.~CT"B~T~COME OUT HERE AND HURT SOMEBODY, GO AHEAD. I jUST HAD ALL OF THAT I WANT TO STAND, NOW I AM MAD ABOUT.IT. I HAVEN'T SAiD A'WORD SINCE THiS HAS COME UP AND I AM SICK OF IT, I DON'T CARE WHAT YOU DO ANY MORE, YOU HAVE DONE JUST ABOUT ALL YOU CAN DO TO ME. ALL MY LIFE, EVER SINCE I HAVE QUIT DRINKING, FiFE YEARS AGO, I WANTED TO BE SOMEBODY AND HERE I HAVE PROVED MYSELF FOR FOUR YEARS.AND YOU COME UP IN FRONT OF ME RIGHT HERE AND TAKE ALL THE STUFF THAT I HAVE WORKED FOR. 120 HOURS A WEEK FOR $10~'00 A HOUR/YES, ALOT OF YOU DON'T HAVE IT, I HAVE ALL I WANTED TO SAY RIGHT HERE. YOU ALL JUST MAKE ME SICK. IF THIS IS THE KIND OF PLJg~,'I~HAWE-.~O!WORK IN, I~HINK I~"LL JUST. QUIT. - 3 SEBASTIAN CONSTRUCTION BOARD - AUGUST 26, 1982 MR. TFJ~P.,~S: SAID I WOULD LIKE TO ENTERTAIN A MOTION. MR. PALUCH: THERE IS A MOTION AND A SECOND ON THE FLOOR. MR. HARRIS; SAID HE THOUGHT MR. KIRRIE WAS TRYING TO ESTABLISH A TIME FRAME FOR MR. ADAMS TO TAKE THE TEST AND ALLOW HIM FOR THAT TIME FRAME, IS THAT CORRECT. MR. KIRRIE: SAID THAT IS CORRECT, MAYBE I DIDN'T MAKE IT CLEAR, I WILL RESTATE THE MOTION. BUT IN MY MIND, SINCE THERE HAS BEEN A ERROR ON OUR PART, I-'FEEL WE NEED TO DO VIRTUALLY, EVERYTHING IN OUR POWER TO HELP MR. ADAMS OBTAIN HIS LICENSE, BUT IN THE MEANTIME, TO LET HIS LICENSE STAND AND TO ESTABLISH SOME REASONABLE TIME FRAME TO DO THIS THING CORRECTLY. I DON'T THINK WE CAN LET THE LICENSE STAND BECAUSE OF THE ORDINANCE BEING WHAT iT IS. WE ARE CERTAINLY OFFENDING OUR OWN ORDINANCE AND WE JUST CAN'T DO THAT AND MAINTAIN ANY ORDER. BUT WE CAN MAKE SOME EFFORT TO CORRECT THE SITUATION. MR. HARRIS: SAID AND THE TIME FRAME, HAVE YOU GiVEN ANY THOUGHT AS TO IT, HAS THE BOARD GIVEN ANY THOUGHT TO IT. MR. KIRRIE : MR. TRIPP : SAID I DON'T KNOW, THAT IS WHAT IS OPEN FOR DISCUSSION. MOTION BY HUSTON TRIPP,$$EC~NDED ~;~GREG.PAZJ4ER,UTHA~:'~.~f~E~!:WORK THAT MR. ADAMS HAS STARTED, THAT HE BE ABLE TO CONTINUE TO FINISH THAT WORK.ALSO THAT MR. ADAMS SHOW US THAT HE IS MAKING A CONS~I~;~;S-3EFFORT TO ENROLL IN THE PROPER SCHOOL, IN ORDER TO BE ABLE TO PASS THE BLOCK .AND ASSOCIATES EXAMINATION AND THAT WE GIVE HIM 120 DAYS, OR UNTIL THE NEXT TEST IN JAN- UARY TO BE ABLE TO3i-TAKE THE EXAMINATION HERE IN. THE CITY. MR. KILBRIDE: ASKED WHAT THE DECISION IS, IS IT THAT IT BE SUSPENDED UNTIL THEN OR THAT IT BE SUSPENDED AFTER JANUARY IF HE DOESN'T PASS IT, THAT ITS REVOKED OR WHAT. MR. TRIPP: SAID WELL, I FEEL THAT IF HE SHOWS CONSCIOUS EFFORT OF OBTAINING HIS LICENSE, THAT WE WOULD BE AT THAT POINT iN TIME, OF HAVING A PERIOD OF TIME WITH HIM TO ENROLL IN SCHOOL, YES WE WOULD HAVE NOT OTHER CHOICE. MR. KIRRIE: ASKED, ARE YOU GOING TO REQUIRE EVIDENCE OF THE EFFORT, DO YOU INTEND, THAT WE SHOULD CONTINUE HIS LICENSE AND IF SO HOW LONG? MR. TRIPP: 120 DAYS, OR WHAT EVER THE TEST PERIOD IS. MR. LANGLOIS: SAID WHAT IF HE TAKES THE BLOCK AND DOES NOT PASS IT, WILL HiS LICENSE STILL_ BE IN EFFECT OR ARE YOU GOING TO KILL HIM AT THAT POINT. IT DOESN'T MATTER WHEN YOU PULL THE ROPE. .... ~71..~, 3.'.i.i.i.~ . MR. TRIPP: WITHIN THAT 120 DAY PERIOD, OR WHATEVER PERIOD IT IS, IT WOULD GIVE MR. ADAMS AN OPPORTUNITY TO NOT ONLY ENROLL iN THE PROPER SCHOOL BUT TO ALSO OBTAIN A QUALiFYIER FOR HiS COMPANY. I BELIEVE THAT IS WHAT WAS GOING TO BE MENTIONED WHEN MR. ADAMS TOOK THE STAND TO TALK TO US. IS THAT CORRECT. MR. PALUCH: I DON'T THINK I'M REALLY AT LIBERTY TO SAY, I HAD A DISCUSSION' WITH HIM AND I THOUGHT WE HAD A MEETING OF THE MINDS AND I CAN REST ASSURE YOU, THAT WHAT WENT DOWN ISSNO~:}.WHAT~'IiEXPE~TED3TO~HE~Rii MR. TRIPP: THIS 120 DAY TIME PERIOD-WOULD GIVE HIM AN OPPORTUNITY TO OBTAIN A QUALIFIER AND ENROLL HIMSELF INTO THE PROPERiSCHOOL TO TAKE THE CITY EXAM. MR. KIRRiE: DOU WE WANT TO LEAVE IT AT A CUT:UOFF AT THATT.POiNT OR DO WE WANT TO LEAVE T~I~S ~HING oPEN TO..i'~VIEW'~. " - 4 - SEBASTIAN CONSTRUCTION BO.ARD - AUGUST 26, 1982 MR. HARRIS: I THINK THE BOARD SHOULD REVIEW THE RESULTS OF THE EXAMINATION AND POSSIBLY ~ M'~ ~-~ FACT AT THAT TIME BE VERY CLOSE TO PASSING. HE THINKS THAT THE MAN WILL MAKE AN HONEST EFFORT TO DO IT, I REALLY DO. I THINK HE IS VERY SINCERE IN WHAT HE HAS SET OUT TO DO AND USUALLY WHEN SOMEBODY IS THAT DETERMINE, HE WILL DO WHAT IT TAKES TO PASS THE TEST. MR. KIRRIE: SAID THAT IS MY FEELING ON THAT, BUT ALONG WITH THAT, THE SITUATION ~EING THAT HE HAS a pROBmM IN THE FIRST pZacE, HE MAY NOT BE m LE TO CCOMPLISH THAT IN 120 . THEN LETS SAY TWO TEST PERIODS. ~ WOULD BE A PERIOD OF 6 MONTHS. MR. KIRRIE: 'IN OUR TEST CYCLE, THAT WOULD BE 8 MONTHS, SINCE WE ONLY HAVE THREE EXAMS A yEAR. ATTORNEY KiLBRIDE: IF I MHY INTERJECT HERE, I DON'T THINK ITS CLEAR AT ALL, I AM ASSUM- ING THAT THE BAS3~CALL~ THE MOTION IS TO SUSPEND THE LICENSE O~£JOHN~'7~UfNCY ADAMS EFFEC- AILS TO SHOW PROPER pROOFOOF COMPLETION SUCCESSFUL, COMPLETION TIVE JUNE 1, 198.3, IF HE F -- - ' IED PLUMBERS CERTIFICATE OR A QUALIFIER OF THE BLOCK AND ASSOCIATES EXAM OR A STATE CERTIF TO OPERATE UNDER HIS COMPANY. IS THAT BASICALLY THE THREE OPTIONS. MR. TRIPP: IT WOULD ONLY BE TWO, IF HE HAD A QUALIFIER, HE WOULD NOT HAVE A LICENSE, SO THERE WOULD ONLY BE POINTS. ATTORNEY KILBRIDE: IT WOULD ONLY Bm IF HE SUCESSFULLY pASSED THE BLOCK a~nuASSOCIATES ~XAM NO 'LATER THAN JUNE 1, 1983 OR THE STATE CONTRACTORS PLUMBING EXAM. MR. TRIPP: I NEED TO THINK ABOUT THE FIGURES OR THE TIME FRAME. THE EXAM THAT IS COMING ~P iN TWO WEEKS, SO IT WOULD BE EIGHT MONTHS. TEST RESULTS AT THE END OF THE SECOND~TEXAMIN- MR. KiRRIE: ONE OF THE OTHER THINGS TO BE CONSIDERED IS THE RESULTS OF THE EXAM, WHERE DO WE COME OUT ANY SOONER THAN SIX WEEKS AFTER THE EXAM. THAT TIME ALSO HAS TO BE ALLOWED FOR. MR. HARRIS: YOU CAN SAY, UNTIL22THE~i~HOIiRD REACHES EVIDENCE OF PASSING OR FAILING GRADE OF THE BLOCK AND ASSOCIATES, ~AFTER THE MAY EXAM. MR. TRIPP: DO I NEED TO READJUST THAT. ATTORNEY KILBRIDE: YES YOU DO, BUT BEFORE YOU DO THAT, IS THAT EVERYTHING YOU NEED. ITS NOT SUSPENDED' UNT, L THA~T PERIOD OF TIME, RiGHT. MR. KIRRIE: SAID IT WOULD NOT BE SUSPENDED, IT WOULD BE REVOKED. ATTORNEY KILBRIDE: WHAT IF HE FAILS BOTH TIMES, IS THERE REVOCATION, OR WOULD IT ALLOW HIM TO TRY '~A TH'IR~TIME AND THEN IF HE COMES BACK, ITS SUSPENDED UNTIL. AT THAT TIME IT IS SUSPENDED UNTIL HE COMES BACK AND SHOWS PROOF. MR. KIRRIE: IT SHOWSSTHE SF~ME THINS uNFoR'TUNATEL_~.--- MR. HARRIS: WHAT WE ARE SAYING IS THAT AT THIS PERIOD OF TIME HE DOES NOT HAVE A LICENSE AND wE ARE GSVING HiM TO THE END OF MAY~?OR THE RESULTS OF THE NEXT TEST TO HAVE A TEMP- ORARY LICENSE AND AFTER THAT TiME IF HE DOES NOT PASS THE TEST, HE DOES NOT HAVE A LiCEN$! HE CAN APPLY AS MANY TIMES AS HE WANTS TO TAKE THE TEST. ATTORNEY KILEP~tDE: BUT BETWEEN NOW AND NEXT SUMMER. MR. TRIPP: ~E WILL BE WORKING ON A TEMPORARY LICENSE. SEBASTIAN CONSTRUCTION B. OARD - AUGUST 26, 1982 MR. KILBRIDE~ YOUR REVOCATION IS NOT EFFECTIVE, HE CAN PULL NEW PERMITS AND COMPLETE JOBS. MR. TRIPP~ WE HAVE NOi'iNTENTION OF STOPPING MR. ADAMS FROM THE RIGHT TO WORK, THAT IS MY FEELINGS, WE HAVE A SITUATION THAT OCURRED AND WE HAVE TO CORRECT IT. NOW WE HAVE TO GIVE HIM AN OPPORTUNITY TO COMPLY WITH THE ORDINANCE. THATS MY FEELING~. A~TORNEY KiLBRIDE= THE MOTION IS THAT THE PLUMBING CONTRACTORS LICENSE .OF jOHN QUINCY ADAMS BE REVOKED AS OF THE SUMI~R OF 1983, THE PERIOD OF TIME AFTER THE BLOCK EXAM. MOTION BY MR. TRIPP, THAT MR. ADAMS BECGI~VEN THE OPPORTUNITY TO TAKE THE EXAMINATION iN THE CITY OF SEBASTIAN, SHOW TO THE BOARD'-THAT HE HAS ENROLLED IN THE PROPER SCHOOLS AND TAKE THE CITY EXAM ·THAT IS REQUIRED, BY BLOCK AND ASSOCIATES OR TO BECOME STATE CERTIFIED BY MAY "75983, AT THE END OF THE TEST RESULTS, IF HE CHOOSE TO TAKE THE BLOCK AND ASSOCIATES ExAMs, BY THE TIME THE BOARD RECEIVES THE RESULTS OF THE MAY 1983 EXAlt, IF UNSHCCESSFUL AT THAT POINT THAT THEi'-LIOENBE WOULD BE REVOKED.~ MR. HARRIS; ASKED IF HE DOES NOT SHOW THE BOARD PROOF OF ENROLLING IN THE SCHOOL, IS THAT PART OF THIS MOTION, IS IT REVOKED BEFORE THAT PERIOD IF HE DOES NOT MAKE AN ATTEMPT, IS THAT WHAT YOU ARE TRYING TO SAY. MR. TRIPP: I THINK THERE NEEDS TO BE CONSCIOUS EFFORT. MR. HARRIS: WHAT YOU ARE SAYING IS THAT YOU"DO NOT WANT IT TO GO TO MAY, 1983 IF HE iS NOT GOING TO ATTEMPT TO TAKE THE EXAM. MR. PALUCH: I THINK YOU CAN MAKE A VERY SIMPLE MOTION, JUST STATE. CHAIRMAN PAUCH CALLED FOR A SECOND TO MR. TRIPP'S MOTION. MOTION DIED, LACK OF A SECOND. MR. PALUCH: THOUGHT IF WE JUST WANTED TO VALIDATE HIS NEXT LICENSING PERIOD WHICH WOULD BE ONE YEAR. WE ARE ISSUING NEW LICENSES THE FIRST OF SEPTEMBER. WE COULD ISSUE A MOTION TO VALIDATE ANOTHER YEAR STANDING AND~ AT THE END OF THAT YEAR, THE VALIDATION WOULD BE- COME VOID. UPON HIS OWN MERIT, HE COULD EITHER ELECT TO RIDE IT OUT FOR A YEAR OR TO ATTEMPT TO PASS OUR TEST OR A STATE EXAM OR GET A QUALIFIER. IF I WAS IN BILLY'S SHOES I WOULDN'T WANT TO SAY OK ~OARD, I AM ATTENDING THIS SCHOOL AND THAT SCHOOL, JUST GIVE AN ULTIMATUM, YOU JUST HAVE ONE YEAR TO GET IT. DON'T START ATTACHING ALL THESE THINGS TO MR. KIRRIE: BILLY IS HIS OWN MAN, HE HAS MADE IT ON HIS OWN AND WE PROBABLY SHOULDN'T HA~E TO POLICE HIM ON THAT. MR. LANGLOIS: I THINK ONE YEAR IS FAIR. MR. HARRIS: THAT MAKES IT ACTUALLY THREE TESTING PERIODS. MR. KIRRIE: THAT WOULD BE AMPLE TIME, IF HE IS GOING 'TO MANAGE IT. MR. PALUCH: WITHOUT DISCUSSING ALL THE .TESTING PERIODS, I FEEL THE TIME '~LEMENT ISA QUESTIONABLE MATTER. IF HE TOOK TWO TESTS AND MADE A 71~, THIS BOARD COULD MEET AGAIN AND REVALiDATE HIS LICENSE AGAIN. MR.- KIRRIE: I FEEL A MAN.i~?THAT HAS THAT MUCH DRIVE TO GO AFTER IT, AND GO INTO BUSINESS, WITH A YEARS TIME, IF HE DIRECTED SOME OF THAT DRIVE AND AMBITION TOWARDS HIS LICENSING PROBLEM, I AM SURE HE COULD OVER COME IT. MOTION BY MR. KIRRIE, THAT BILLY ADAMS LICENSE BE LEFT STAND~-FOR THE NEXT LICENSING YEAR THAT WE IMPOSE NO RESTRICTIONS ON HIM AND AT THAT TIME, THE EXPIRATION OF THE LICENSING YEAR, THAT HIS LICENSE BE REVOKED IF HE HAS NOT SEEN FIT TO PASS AN EXAMiNATiON TO QUALIFY HIMSELF CORRECTLY. - 6 SEBASTIAN CONSTRUCTION BOARD AUGUST 26, 1982 HR. PALUCH: I DON'T THINK YOU SHOULD PUT IN THERE ~HAT WE WILL REVOKE, I THINK THE BOARD 'S~OULD LET HiS LICENSE STAND FOR THIS LICENSE PERIOD COMING AND WHEN IT EXPIRES, IN SEPTEWHER 1983 AND IF HE HAS NOT SECURED A SUITABLE, ACCEPTABLE LICENSE, WITH SOME AGENCY THAT WE RECOGNIZE, THEN WE WILL REVIEW THE CASE. MR. KIRRIE: REPEATED THE MOTION, THAT BILLY ADAMS LICENSE BE LFET ACTIVE OR VALIDATED .FOR THE COMiNG----LICENSING YEAR, BUT AT THE END OF THAT YEAR .SHOULD HE NOT QUALIFY BY EXAMIN- ATION THAT IT THEN BE REVOKED. HE EXPLAINED THAT WE CAN ALWAYS REVIEW IF HE REQUESTS IT, BUT HE THINKS IT SHOULD BE AN AUTDf~ATIC REVOCATION AT THIS POINT IF HE..'REALIZES THAT HE HAS NOT PASSED THE .EXAM, IT IS UP TO HIM TO COME BEFORE THE BOARD TO PETITION EOR A CON- TINUANCE. HE MUST KNOW THAT file LICENSE WILL BE REVOKED SHOULD HE NOT MAKE AN ATTEMPT. MR. PALUCH: IF THAT MOTION PASSES AND MR. ADAMS DOES NOT SUCCESSFULLY PASS THE TEST, IT MUST BE REVOKED. ~TTORNEY KILBREDE: WHEN THE MOTION IS COMPLETE, YOU NEED A SECOND TO DISCUSS IT. MAYOR FLOOD: JUST A POINT OF ORDER, WHEN THERE IS A MOTION MADE ON THE FLOOR, UNTIL, ~H~RE WILL BE NO DISCUSSION OR QUESTION WHATS SO 'EVER UNTIL THERE IS A SECOND, WE ARE GETTING WAY OUT OF FRAME OF BUS~NESS HERE AND I RECOMMEND THAT POINT. MR. KIRRIE: AS I MOTIONED THAT WE LEAVE BILLY ADAMS LICENSE VALID FOR ~U~EP~IOD-OF ONE YEAR, UNTIL THE END OF THE NEXT LICENSING PERIOD AND THAT AT THAT POINT THAT IT BE REVOKED. MR? _P_AAUCH_:L~$KEDF~SSE(IGND. THERE BEING NO SECOND, M~Ji~IRRIE'S MOTION DIED, LACK OF A SECOND. MR. TRIPP: SAID ~H~IBOARD IS NOT UNDERSTANDING, WE JUST VOTED FOUR TO THREE THAT BILLY' S LICENSE NOT BE LEFT AS IT W~S, IN THE WAY WHICH WE VOTED, IF I UNDERSTAND CORRECTLY, HE DOES NOT HAVE A LICENSE NOT NOW. ATTORNEY KILERIDE: STATED THAT THE MOTION THAT FAILED, WAS TO LET HIS LICENSE STAND Ag IS. ~AS OF THIS MOMENTSHE HAS A VALID LICENSE, BECAH~SE THE BOARD HAD NOT ~O~EDil~ DO OTHERWISE; UNTIL A MOTION PASSES, TO DO SOMETHING. THERE iS NOiMOTZON ON THE FLOOR. MR.~ HARRIS: FELT FOR REVIEW OR CONSIDERABLE .EFFORT SHOUDD3~BE.-~F~I~DE~3~O.L~HEE'I~D~N.!'3~ MAYOR FLOOD: I GOT A PROBLEM WITH A WIDE OPEN,T~EELIMIT, AT LEAST HE HAS THE RIGHT TO ~'XEW, IF YOU HAVE A DEADLINE TO MEET, IT .W~L5 M~F~E.~HDPERSONOWOI%Ef3AF,~E~];~RDER TO GET iT. I AGREE WiTH WHAT IS GOING ONe, ~..T_HIN,_.~HE,SHQU_LD..'HAVE'TI~AT,_ BUT_._."I~ IN ALL HONmST EFFORT, I GO ALONG WITH HIS MOTION, TO PUT SUSPENDED UNTIL REVIEWED AND AT THE .END OF THAT ONE YEAR IT SHOULD BE SUSPENDEDOOR REVOKED. HE FEELS THmRE HAg TO BE A DEADLINE. MR. KIRRIE= ASKED IF THERE WERE ANY MORE THOUGHTS, AS TO WHAT SHOULD BE DONE AT THE END OF THE YEAR PERIOD.. MR. PA~R: FEELS ONE YEAR IS AMPLE ENOUGH TIME. MR. CALMES: · STATED MY FEELINGS EARLIER. MR. HARRIS: IiTHINK A YEAR IS FAIR. MOTION BY HRIJEIRRIE, SECONDED BY MR. PALMER, THAT BILLY ADAMS' LICENSE STAND AS IS UNTIL THE END OF THE COMING LICENSE YEAR, AT WHICH TIME, THIS TEMPORARY SITUATION, HZS TEMPORARY LICENSE WILL BE REVOKED. MR. KIRRIE: IF HE HAS DONE HIS QUALIFYING, THERE WILL BE NO QUESTION£~OUT THE LICENSE .HE HOLDS TODAY~ -- 7 -- Sw_.~STIAN CONSTRUCTION BOARD - AUGUST .26, 1982 MR. PAULCH : ~.3ASEED.?IF.¥THERE.~WASSFtN~'~fURTHER DISCUSSION. MR. TRIPP: I JUST' WANTL~TO UNDERSTAND THE MOTION CLEARLY, THE. MOTION IS THAT A.~NEW. Lr. ZCENSE WILL BE ISSUED, THiS f~CTOBERUl,3~982~'~IiAT WOULD BE EFFECTIVE UNTIL SEPTEMBER 30, 1983 A~ WHICH TIME IF HE HAS NOT SUCESSFULLY OBTAINED EITHER A STATE CERTIFICATION, WHICH WOULD HAVE NOTHING TO DO WITH THIS 'ANY WAY. MR. PALUCH: LIKE THE ATTORNEYSSAID, HE CURRENTLY HAS A VALID LICENSE. WE ARE GOING TO REISSUE A VALID LICENSE, BUT WILL NOT REISSUE IN 1983 UNLESS HE PASSES THE CERTIFICATION REQUIRE~4ENTS. MR. KIRRIE: THE TERM REVOCATION IN THE RECORDS, WILL THIS HOLD ANY PROBLEMS FOR THE MAN IN THE FUTURE. MR. PALUCH: I THINK IT WILL, IF HE IS EVER:CASKED IF HIS LICENSE HAS BEEN REVOKED. MR. ~aRRI$: FH~.TZTCSIMPLIER, THE LICENSE SHALL STAND UNTIL SEPTEMBER 30, i98~, UPON WHICH T------'--'~"~--IT WiLL NOT BE REISSUED UNTIL CERTIFICATION OF THIS BOARD. MR. KIRRIE WITHDREW HIS MOTION, SECONDi~WITtIDR2A'H~.~BY MR. PALMER. MOTION BY MR. KIRRIE, SECONDED BY.MR. PALMER, THAT BILLY ADAMS' LICENSE STAND AS IT UNTIL SEPTEMBER 3t), 1983, AT WHICH TIME IT WILL. NOT BE RENEWED UNLESS ~NE~HEi~IIEETH~iF~RE ~Bi]~HE~O~I~.~d~.~H~3~TIONSOR SUSPENSION. MR. PALUCH ASKED FORANY FURTHER DISCUSSION.- ATTORNEY KILBRJ[DE: FOR CLARIFICATION' AND FOR THE RECORD, ~[F ICE MEETS THE CERTIFICATION REQUIREMENTS', NAMELY PASSING THE BLOCK EXAM OR BECOMES STATE CERTIFIED. MR. KIRRIE: .THIS HAS TO DO WITH THE PRESENT CONDITION OF THE LICENSE, ANYTHING TO DO WITH WHETHER HE QUALIFIES CORRECTLY. ITDOES NOT HAVE MR. TRIPP: IF HE' QUALIFIES CORRECTLY, HE. WILL BE ISSUED A NEW LICENSE, HE. WILL NOT RETAIN THE SAME ONE HE HAS NOW. HE WILL BE ISSUED A NEW LICENSE. MR._PALUC~: ASKED FOR A ROLL CALL VOTE ON THE MOTION.. AYES: DON LANGLOIS HUSTON TRIPP CHRIS KIRRIE JIM HARRIS GREG PALMER NAYS: JOHN CALMES ED ~ALUCH M~ION CARRIED.. MRs. pALUCH SAID THE MOTION CARRIES, AND MR. ADAMS LICENSE WILL BE REISSUED WHEN HE APPLIES FOR IT. .~i~TOPJ!E}fCEi~: INSTRUCTED THE BOARD SECRETARY TO NOTIFY MR. ADAMS BY LE~Ei~I)Ff3THE · BOARDS ACTION. ALSO ADVISE HIM THAT UNDER THE CODE, THAT HE HAS FIFTEEN"DAYS, IF HE DIS' AGREES WITH THE 11EC.~,EDNCOFl~.THE©Bi)~RD, AND HE CAN APPEAL THIS DECISION 3fN WRITTIN~, TO THE CITY coUNciL WITHIN~FIFTEEN DAYS FROM TODAYS' DATE. MOTION BY MR. LANGLOIS, SECONDED BY MR. KIRRIE TO ADJOURN THIS HEARING. MOTION CARRIED. HEARING ADJOURNED 2;45 P.M.