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THIS IS JEREMY MCDONALD OF DEVELOPMENT SERVICES CITY OF SAN ANTONIO.
I APPRECIATE YOU EVERYONE JOINING US FOR TODAY'S BOARD MEETING.
UM, WE ARE ROLLING LIVE AND BEING BROADCASTED LIVE AND RECORDED FOR, UH, FUTURE USE.
UH, PLEASE AS A REMINDER, UH, FOR THE WEBEX TO MUTE YOURSELF, UH, ALL BOARD MEMBERS, WE DO NEED TO HAVE AUDIO AND VIDEO, UM, THROUGHOUT THE, THE DURATION OF COURSE, EXCEPT FOR WHEN YOU'RE MUTED.
BUT ANYTIME, UH, YOU'RE DISCUSSING, WE NEED TO BE ABLE TO HEAR THAT.
WE'LL ALSO NEED TO SEE YOU, UH, THROUGHOUT THE POOL MEETING.
UM, IF WE HAVE ANY QUESTIONS, I'LL, I'LL REACH OUT TO EACH ONE OF YOU INDIVIDUALLY IF WE TALK VIDEO OR SOMETHING LIKE THAT.
UH, BUT I'LL GO AHEAD AND TURN IT OVER TO THE CHAIR TO START THE MEETING.
I'M CHRISTOPHER GARCIA, CURRENT CHAIR OF THE BUILDING RELATED AND FIRE CODES APPEALS AND ADVISORY BOARD.
AND I'LL CALL TODAY'S MEETING, THE JULY 12TH, 2021 MEETING.
[Call to Order]
THIS MEETING TO ORDER AT 2:03 PM AND WE DO THE ROLL CALL FOR ATTENDANCE.CAN YOU CAN? HELLO? WE GOT YOU NOW, JENNIFER.
ALSO PRESENT IN THE MEETING FROM THE CITY OF SAN SAN ANTONIO ARE JOSEPH ANE FROM THE CITY ATTORNEY'S OFFICE AND FROM DEVELOPMENT SERVICES.
AMIN TOMA, DEPUTY DIRECTOR SHARON TRUDEAU, DEVELOPMENT SERVICES MANAGER.
JEREMY MCDONALD, BOARD LIAISON.
CAN WE DO THE, UH, SPANISH INTERPRETER SERVICES ANNOUNCEMENT? UH, THIS IS JEREMY MCDONALD.
UH, RIGHT BEFORE WE DO THAT, UH, UH, ONE OF THE KNOW, GO AHEAD AND MOVE TOWARDS THE TRANSLATION WHILE WE WAIT FOR TO GET VIDEO RUNNING.
UH, CAN STAFF GO OVER THE MEETING FORMAT? THANK YOU.
TO PROTECT THE HEALTH, MOVE THIS FORWARD TODAY, I APOLOGIZE TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF CVID 19.
THE BUILDING RELATED AND FIRE CODES ADVISORY AND APPEAL.
THE BOARD IS HOLDING MEETINGS VIA VIDEO CONFERENCE.
THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR.
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CRISIS ARE IN PLACE UNTIL FURTHER NOTICE.MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THE MEETING VIA VISITING.
WWW.SANANTONIO.GOV/DSD ARE BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.
TO INCORPORATE PUBLIC COMMENTS, THERE ARE FOUR OPPORTUNITIES.
THESE INCLUDE EMAIL OR MAIL OF COMMENTS, CHOPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING.
STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT.
STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.
STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL.
LASTLY, FOR THOSE THAT SIGN UP TO RECEIVE A CALLBACK, WE WILL CALL THEM TO STATE THEIR TWO MINUTE COMMENTS.
SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.
THE APPELLANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH AN UNLIMITED TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
THANK AS A REMINDER TO, UH, FELLOW BOARD MEMBERS TO PLEASE STATE YOUR NAME BEFORE MAKING QUESTIONS OR COMMENTS TO ASSIST WITH THE MINUTES.
AND NEXT ON THE AGENDA ITEM, THE,
[Approval of Minutes]
UH, APPROVAL OF THE MEETING MINUTES FROM THE PREVIOUS MEETING.DO WE HAVE ANY MOTIONS THAT I SEE THAT WE HAVE, UH,
CAN WE JUST GET A, UH, HERE FOR THE ROLL CALL? HERE.
CHAIRMAN, THIS IS ROBERT HANLEY.
I MOVE IF THERE'S NOBODY WITH ANY MODIFICATIONS OR CHANGES TO THE MEETING MINUTES, UM, OF, UH, APRIL THE 2020 THIRD, I MOVE APPROVAL.
YOU HAVE A MOTION AND A SECOND BY MR. HANLEY AND MR. UP.
UH, STAFFING, PLEASE DO THE ROLL CALL VOTE.
[1. Review and possible action on an appeal from Felix Lopez, Pool Boys, appealing the Building Official’s decision to deny Mr. Lopez’s application for homebuilder contractor registration.]
BE OUR INDIVIDUAL ITEM, WHICH IS ITEM NUMBER ONE.REVIEW AND POSSIBLE ACTION ON APPEAL FROM FELIX LOPEZ.
THEN WE'LL HAVE A BOARD COMMENTS AND QUESTIONS, UH, AND THEN WE'LL HAVE A DISCUSSION REGARDING THE ITEM AND THEN VOTING IN ACTION.
THIS IS JEREMY MCDONALD, DEVELOPMENT SERVICES, CITY OF SAN ANTONIO, PRESENTING FOR THE DEVELOPMENT SERVICES DEPARTMENT.
UH, SO FOR TODAY'S AGENDA, ITEM NUMBER ONE, IT INVOLVES THE APPEAL OF DENIAL OF HOME BUILDER CONTRACTOR.
REGISTRATION LICENSE FOR MR. FELIX LOPEZ WITH AVERY POOLS ARE POOL BOYS.
UH, THE DISCREPANCY THERE IS, UH, WE HAVE POOL BOYS ON THE APPLICATION FOR THE APPEAL, BUT AVERY POOLS ON THE APPLICATION FOR, I BELIEVE THERE, THERE'S A DECISION TO MAKE A NAME CHANGE, BUT ULTIMATELY THE, UH, THE TIE OF THE REGISTRATION GOES TO MR. FELIX LOPEZ.
SO THE NAME OF THE COMPANY IS, IS NOT IMPACTED HERE.
UM, SO THIS WAS DENIED IN ACCORDANCE WITH PROVISIONS OUTLINED IN SECTION 10 DASH ONE 15 K THREE OF THE CITY'S CODE.
SO, UH, DO A QUICK REVIEW OF THAT.
I KNOW WE'VE GONE OVER THIS BEFORE, BUT JUST IN CASE Y'ALL HAVE ANY QUESTIONS, UM, I'LL TRY TO SUMMARIZE IT.
IF Y'ALL HAVE ANY DETAILED QUESTIONS, PLEASE DON'T HESITATE TO REACH OUT.
LET ME KNOW AND I'LL, UH, TRY TO FILTER BACK ON THAT.
UH, THE CONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE CITY OF SAN ANTONIO.
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REGISTRATION REQUIRES A BACKGROUND CHECK, INSURANCE, UM, AND APPLICATION.UH, PART OF THE, UH, THE REVIEW OF THE BACKGROUND CHECK.
UH, SOME OF THE THINGS THAT WE LOOK FOR AND ACTUALLY REQUEST TO BE, UH, DISCLOSED ON THE APPLICATION IS INJU A PLEA OF GUILTY OR, UH, NO CONTEST FOR ANY FELONY OR MISDEMEANOR INVOLVING MORAL, UH, I TURPITUDE, UH, HAS BEEN CONVICTED OF A FELONY OR A MISDEMEANOR OF, UH, MORAL TURPITUDE.
UM, OR IS INJURED A PLEA OF GUILTY OR NON-CON, UH, CON, NO CONTEST OF A FELONY, UH, OR A MISDEMEANOR ARISING A VIOLATION, VIOL VIOLATION OF THE BUILDING CODE OR LOCAL, SORRY, APOLOGIZE.
UH, VIOLATION OF THE VOTING CODE OR LOCAL AMENDMENTS THERE TO THE STATE.
WHETHER OR NOT, UH, SAID VIOLATION INVOLVES FROM INTERPRETATIVE.
UM, SO ON THE DENIAL PROCESS, UH, PER THE SECTION K THREE THAT WE DISCUSSED, UH, SO THERE'S THREE THINGS THAT, UH, THE VOTING OFFICIAL CAN DENY A REGISTRATION FOR.
THAT INCLUDES NOT BEING 18 YEARS OF OWE AGE, UH, NOT BEING LICENSED OR BEING A, A, UH, LAWFUL ALIEN OR US CITIZEN.
AND ALSO IF THE, UH, BUILDING OFFICIAL IS NOT SATISFIED WITH THE PERSON'S HONESTY, INTEGRITY, AND TRUSTWORTHINESS BASED ON INFORMATION SUPPLIED AND DISCOVERED IN CONNECTION WITH THE APPLICATION.
UH, NUMBER C IS, OR, UH, LETTER C IS THE REASONABLY DENIED.
UH, WE'LL GO THROUGH, UH, UH, THE UNDER THE REASON WHY BASED ON THE BACKGROUND CHECK AT THIS POINT.
SO THIS IS THE APPLICATION THAT THE CITY RECEIVED.
UH, THE APPLICANT WAS ORIGINALLY REGISTERED WITH THE CITY OF SAN ANTONIO.
THIS EXPIRED BACK IN 2009 TEAM, SO IT HAS BEEN EXPIRED FOR A FEW YEARS, YEARS.
UH, BASED ON THE APPLICANT, HE DID NOT DISCLOSE ANY FELONIES OR MISDEMEANORS THAT, UH, WOULD'VE TRIGGERED ANY OF THE, THE REVIEW PROCESSES BACK ON HIS ORIGINAL APPLICATION DATE OF APRIL 9TH.
UH, THIS IS HIS PREVIOUS, UM, REGISTRATION WITH THE CITY OF SAN ANTONIO.
UH, SO LATE 2018 IS WHEN IT WAS, UH, EXPIRED, UH, PRIOR TO REGISTRATION.
PRIOR TO THIS REGISTRATION, WE DIDN'T HAVE THE REQUIREMENT FOR THE F I F B I DRAG ON CHECKS.
WE DIDN'T HAVE A LOT OF THE INFORMATION THAT WE CURRENTLY HAVE NOW, UH, ON HIS INITIAL REGISTRATION WITH THE CITY.
SO AFTER HIS REGISTRATION HAD BEEN SUSPENDED OR, UH, EXPIRED WITH THE CITY OF SAN ANTONIO, HE ACTUALLY MOVED TO ANOTHER STATE AND WAS PERFORMING WORK.
UM, WHAT WE FOUND ON THE F B I DRAFT BACKGROUND CHECK, UH, WAS A CONVICTION FOR FAILURE TO HAVE WORKERS' COMPENSATION INSURANCE, UH, ENGAGING IN CONTRACTOR BUSINESS WITHOUT CERTIFICATION AND UNREGISTERED ELECTRICAL CONTRACTOR.
UH, SO THE MR. LOPEZ WAS PERFORMING WORK, UH, COMING TO BE AN ELECTRICIAN, BUT WAS NOT LICENSED IN THAT STATE, DIDN'T MEET ALL THE REQUIREMENTS, UH, FOR REGISTRATION AND CERTIFICATION, UH, TO BE REGISTERED TO PERFORM THIS TYPE OF WORK.
UM, IN ADDITION TO THAT, UH, SOMETHING THAT WE PROBABLY WOULDN'T LOOKED INTO, BUT IT DOES VARY IN, SINCE WE DO HAVE THE INFORMATION FROM 2019 INCIDENT, UM, AS A FRAUD CASE.
UH, THAT WAS FROM SEPTEMBER 9TH, 2011, JUST WITHIN THAT 10 YEAR GAP THAT WE NORMALLY LOOK AT, UH, FOR FALSE STATEMENT TO A FEDERAL AGENT.
UH, JUST SO WE KINDA HAVE A REAL QUICK REFRESHER ON, UH, THE THING.
WE'VE GONE OVER THIS KIND OF OUR NORMAL FLOW CHART, UH, YOU KNOW, DETERMINING WHETHER WE NEED TO, UH, ANALYZE OR LOOK INTO A LITTLE BIT DEEPER.
THE F B I BACKGROUND CHECK AND ASK FOR INFORMATION.
UH, SO THE, THE FRAUD CASE FELL WITHIN THE 10 YEAR, UH, REQUIREMENT.
UM, ALSO THE FACT THAT THIS, THE VIOLATIONS BOTH, UH, THE MISDEMEANORS WERE VERY HEAVILY INVOLVED WITH CONSTRUCTION AND EXACTLY WHAT WE'RE LOOKING TO BE PROVIDING A REGISTRATION FOR WITHIN THE CITY.
UH, PROVIDING FALSE, UH, INFORMATION, UH, YOU KNOW, MAKING CLAIMS THAT THERE, UH, IS REGISTERED WHEN NOT ARE PERFORMING WORK THAT'S REQUIRING REGISTRATION AND NOT HAVING THAT REGISTRATION.
THESE ARE THINGS THAT ARE VERY IMPORTANT THAT WE'RE LOOKING FOR, AND WE SEE THAT IT'S TIED DIRECTLY INTO THAT TYPE OF REGISTRATION.
SO WE DID ASK FOR ADDITIONAL INFORMATION AFTER RECEIVING THE APPLICATION AND REVIEWING THE BACKGROUND CHECK.
UH, WE DID RECEIVE THIS AFFIDAVIT, UH, FROM MR. LOPEZ.
UH, I WORKED AS A CONTRACTOR IN MINOR PLUMBING AND ELECTRICAL WITHOUT A LICENSE IN THE STATE OF FLORIDA.
ALL CHARGES HAVE BEEN DISMISSED.
DOCUMENTATION HAD BEEN PROVIDED SHOWING THE THIS FROM OUR DISTRICT ATTORNEY OF MONTE, UH, MONTE COUNTY.
SO THE DOCUMENTATION THAT WE RECEIVED WAS ACTUALLY JUST DOCUMENTATION SHOWING THAT HE SERVED HIS TIME, COMPLETED HIS PROBATIONARY PERIOD, UH, BUT THAT IT WASN'T DISMISSED.
SO IT LOOKED BASED ON WHAT WE SEE.
IT LOOKS LIKE HE WAS CHARGED FOR THE OFFENSE, UM, AND THAT HE JUST SERVED HIS TIME AND COMPLETED HIS PROBATIONARY PERIOD, UH, WHICH ENDED EARLIER THIS YEAR WITH THE AFFIDAVIT OF THE FACT MR. LOPEZ ALSO PROVIDED DOCUMENTATION OF HIS PERIOD OF SUPERVISION FOR THE CONSTRUCTION CHARGES WAS COMPLETED ON JANUARY 28TH, 2021.
WHILE MR. LOPEZ DID COMPLETE HIS REQUIRED PERIOD OF SUPERVISION FOR THE CHARGES, THE NATURE OF THE OFFENSE,
[00:15:01]
THE LIMITED TIME SINCE THE SUPERVISED PERIOD HAS BEEN COMPLETED, AND THE FAILURE TO DISCLOSE THESE CHARGES, D S D STAFF HAS CONCERNS WITH THE APPLICANT'S TRUSTWORTHINESS AND INTEGRITY.SO THAT WAS THE BASIS FOR THE DENIAL OF REGISTRATION UNDER, UH, THE CONCERNS WITH TRUSTWORTHINESS AND HONESTY, UH, PER THE BUILDING OFFICIAL.
UH, THIS WAS THE DENIAL LETTER THAT WAS ISSUED TO MR. LOPEZ.
BASED OFF THAT DECISION, UH, JUST CLEARLY INDICATES THAT WE, UH, DENIED IT PER SECTION 10 DASH 15 K THREE, UH, SPECIFICALLY, UH, SECTION C, UH, AND PROVIDED THE INFORMATION NEEDED TO, UH, APPLY FOR THIS APPEAL, UH, TO THE BOARD.
THAT CONCLUDES DSCS, UM, PRESENTATION TO THE BOARD.
ANY QUESTIONS? ARE THERE ANY QUESTIONS FOR STAFF AT THIS TIME? YES, THIS IS ROBERT HANLEY.
UH, JEREMY, I, I GOT ON THE SEMANTICS OF THE, UH, DOCUMENTATION.
THERE WAS NO PROOF OF THE DISMISSAL, EVEN THOUGH HE STATED THAT THE CHARGES WERE DISMISSED.
THE DOCUMENTS WE SHOWED SHOWED IT TO BE MORE OF A COMPLETION OF THE PROBATIONARY PERIOD, NOT A DISMISSAL OF THE CHARGES.
SO THERE WAS NO PROOF OF DISMISSAL.
I GOT A, A QUESTION REAL FAST.
UM, JEREMY, UM, YOU SAID THAT HE WAS REGISTERED WITH THE CITY OF SAN ANTONIO BEF AND IT EXPIRED IN 2019.
UM, DID YOU PULL UP ANY HISTORY OF, UM, OF HIS, YOU KNOW, WORK IN SAN ANTONIO THAT INDICATED THERE WAS ANY PROBLEMS WITH, UM, YOU KNOW, WITH THE QUALITY OR, OR CONSISTENCY OF HIS WORK OR ANYTHING LIKE THAT? I DID NOT.
UH, I CAN SEE IF, UH, SHARON TRUDEAU, THE MANAGER OF THAT SECTION, HAS ANY, UH, ADDITIONAL INFORMATION TO PROVIDE ON THAT.
ANY OTHER QUESTIONS FOR STAFF AT THIS TIME? IF NOT, THEN JUST REAL, JUST REAL QUICK, JUST FROM MY UNDERSTANDING, WHEN HE SUBMITTED THE APPLICATION FOR HIS LICENSE, DID HE, HE DID HAVE TO PUT ON THERE WHETHER HE HAD BEEN CONVICTED OF, OF ANY FELONY OF MISDEMEANOR.
UH, THIS IS THE APPLICATION RIGHT HERE.
UM, THIS IS WHERE HE HAS A CHANCE TO DISCLOSE ANY, UH, CONVICTIONS, UH, NO CONTEST OR PLEADING GUILTY OR NO CONTEST, ANY FELONY OR MISDEMEANOR, UH, INCLUDING MORAL TURPITUDE.
UM, I BELIEVE, UH, YOU KNOW, FAILURE TO BE REGISTERED AS AN HONESTY THING AND MORAL TUDE IS HOW WE AT THAT.
AND HE, HE CLEARLY RESPONDED NO TO THAT QUESTION.
UM, AND IN THE PAST, YOU KNOW, WE, WE'VE COME ACROSS THIS THROUGH SOME F B I BACKGROUND CHECKS.
WE, WE DON'T HINGE OUR FINAL DECISION ON THAT.
UH, WE DO, YOU KNOW, ALLOW THEM TO DISCUSS THE, THE BIGGER ISSUE WAS THE FACT THAT THAT, THAT THE TYPE OF INCIDENTS OR OFFENSE THAT HE PERFORMED IN THE OTHER STATE, THAT JUST LENDS ITSELF SO HEAVILY TO WHAT WE'RE TRYING TO GUARD AGAINST, UH, ANY TYPE OF, YOU KNOW, FAILURE OF REGISTRATION OR HAVING THE RECORD CREDENTIALS PERFORMING WORK THAT YOU'RE NOT LICENSED TO DO WITHIN THE STATE.
UH, THAT WAS THE MAIN REASON FOR THE DENIAL.
JEREMY, JEREMY LIDDEL TOY HERE.
UM, HAS ANYBODY REACHED OUT TO MANATEE COUNTY IN FLORIDA REGARDING THIS ADMINISTRATIVE DISMISSAL? UH, NO, SIR.
UH, I, THAT WOULD BE ON THE SIDE OF THE APPLICANT.
I BELIEVE THEY DO HAVE SOME INFORMATION TO PROVIDE DURING THEIR, UH, THEIR SIDE OF THE APPEAL.
UH, BUT NO, SIR, WE WOULD ONLY ASK THAT THE, UH, APPLICANT PROVIDE ANYTHING THAT THEY HAVE TO, UH, DISCREDIT OR SHOW THAT, UH, ANY CHARGES WERE DISMISSED OFF OF THE F F B I BACKGROUND CHECK.
IS HE TRYING TO, WHAT IS HE TRYING TO REGISTER AS A GENERAL CONTRACTOR OR AN ELECTRICIAN AS A HOME BUILDER? UH, ONLY SO IT WOULD JUST BE, UH, DOING CONSTRUCTION, NOT AS A TRADE LICENSE INDIVIDUAL.
SO HE DOES NOT, HE DOESN'T HAVE TO BE, HE DOES NOT HAVE TO CARRY WORKMAN'S COMP 'CAUSE TEXAS IS A RIGHT TO WORK STATE, SO THAT'S OUTTA THE LOOP RIGHT OFF THE BAT, CORRECT? YES, SIR.
ANY FURTHER QUESTIONS FOR STAFF AT THIS TIME? JUST, JUST ONE MORE.
JEREMY AND I, I'VE BEEN TRYING TO READ THROUGH ALL THESE DOCUMENTS EARLIER, BUT, SO, AND I GUESS WE COULD ASK MR. LOPEZ, HE HAD A LICENSE PREVIOUS THAT, THAT EXPIRED.
WAS IT AS A BUILDING CONTRACTOR LIKE IT IS NOW OR THAT HE'S APPLYING FOR, CORRECT.
IT IS THE SAME, UH, RESIDENTIAL BUILDING CONTRACTOR.
AND HE HAD IT FOR HOW MANY YEARS BEFORE? I APOLOGIZE.
I DON'T HAVE THAT INFORMATION.
I JUST, ALL I HAVE IS THAT EXPIRED AT THE END OF 2018? THAT'S USUALLY FOR TWO YEARS, CORRECT?
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YES, SIR.SO A MINIMUM IT WOULD'VE BEEN FOR TWO YEARS.
DID HE HAVE ONE BEFORE THAT? THAT'S THE INFORMATION I DON'T HAVE AVAILABLE.
SO WE DON'T KNOW IF THIS IS THE FIRST ONE THAT EXPIRED OR LIKE WE HAVE TO DO REDO OURS EVERY TWO YEARS.
SO I JUST WAS CURIOUS HOW MANY TIMES HE'S RENEWED IT, IF HE HAS.
I'M NOT SURE IF I HAD THAT INFORMATION.
THE MAIN REASON I WANTED TO BRING IT UP WAS, YOU KNOW, EVERYTHING BEFORE THIS REGISTRATION REQUEST ALSO DID NOT REQUIRE THE F I F B I BACKGROUND CHECK.
SO WE WERE LOOKING FOR THAT SAME, UH, JUST LOCAL, UH, INFORMATION ONLY, UH, PREVIOUSLY, ALL THOSE OTHER TIMES.
I WAS JUST TRYING TO GET SOME BACKGROUND ON HOW LONG HE'S BEEN HERE, HOW LONG HE'S BEEN WORKING, ET CETERA.
AND HE SHOULD BE ABLE TO PROVIDE THAT INFORMATION AS WELL.
UH, PER ONE OF THE, UH, MY ASSOCIATES' COMMENT, UH, EVEN THOUGH WORKERS' COMP IS NOT REQUIRED IN THE STATE OF TEXAS, WHY DID THAT SHOW UP ON THE BACKGROUND CHECK? WAS IT REQUIRED WHILE HE WAS WORKING IN FLORIDA? CORRECT.
HE, SO THE THREE CHARGES THAT HE HAD ON HIS BACKGROUND WERE FAILURE TO HAVE WORKERS' COMPENSATION INSURANCE, THE ENGAGING IN CONTRACTING BUSINESS WITHOUT CERTIFICATION, UNREGISTERED ELECTRICAL CONTRACTOR.
SO THAT, THAT, THAT'S WHAT CAME OUT OF THE BACKGROUND CHECK.
JEREMY, KAREN, CAN YOU CONFIRM WHAT THE DATE WAS ON THE APPLICATION THAT HE FILLED OUT FOR SAN ANTONIO? WHAT DAY THAT WAS DATED? UH, THAT IS APRIL 9TH, 2021.
ANY OTHER QUESTIONS FOR STAFF AT THIS TIME? IF NOT, UH, THEN WE SHALL HEAR FROM THE APPLICANT.
MY NAME IS ATTORNEY ESA BU I REPRESENT MR. FELIX LOPEZ, WHO'S PRESENT WITH US HERE THROUGH WEBEX.
SO I'D, I'D LIKE TO TAKE A SECOND AND APPRECIATE Y'ALL'S TIME.
UM, SO IN THIS PARTICULAR CASE, I WANTED TO, TO AT LEAST ADDRESS SOME OF THE, THE QUESTIONS FROM, UH, THE BOARD OR SOME COMMENTS.
UM, SO YEAH, UH, IN, IN TERMS OF THE DISMISSAL, AS MR. MCDONALD, UH, BROUGHT IT UP, I DID SUPPLY, AND I DON'T KNOW IF IF WE CAN SHARE SCREENS HERE.
I DID SUPPLY A COPY OF THE ADMINISTRATIVE DISMISSAL FOR THE, UH, FLORIDA MANATEE, UH, MANATEE COUNTY, UH, CASE THAT THAT WAS, THAT WAS A WORKERS' COMP FAILURE TO, UH, SECURE WORKERS' COMP AND, UH, AND REGISTER AS A, AS A CONTRACTOR IN MANATEE COUNTY.
UM, THERE IS A, THERE'S A SHARE BUTTON HERE, BUT I DID PROVIDE THOSE TO MR. MCDONALD IF HE, UH, HOPEFULLY HE COULD CIRCULATE THOSE TO THE BOARD.
UH, BUT IT DOES STATE THAT, THAT ALL THREE, UH, ALL THREE CHARGES WERE DISMISSED ON 6 18 20 19.
UH, AND IT'S SIGNED BY LINDSEY MEYER, WHO WAS THE ASSISTANT, UH, STATE ATTORNEY AT THE TIME.
AND, UH, FOR THOSE PARTICULAR CASES, UH, FLORIDA IS, IS INTERESTING, UH, KIND OF, IT'S KIND OF LIKE TEXAS.
THEY OFFERED HIM A PRETRIAL DIVERSION, UH, WHICH IS, IT'S SYNONYMOUS TO OUR, OUR TEXAS P T D OR PRETRIAL DIVERSION, WHICH IS AN AGREEMENT MADE, UH, WITH, WITH THE COUNTY ATTORNEY AS OPPOSED TO, TO THE COURT ITSELF.
IT'S BASICALLY A, A CONDITIONAL DISMISSAL, UH, THAT AFTERWARDS HE, HE TECHNICALLY COULD APPLY FOR AN EXPUNCTION OF THAT RECORD.
UM, BUT, UH, I THOUGHT IT WAS AN IMPORTANT NOTE THAT THE BOARD IS AWARE OF.
UM, ALSO, MR. MR. LOPEZ HAS BEEN, UM, WORKING AS A, UH, HAS BEEN LICENSED IN THE CITY OF SAN ANTONIO, FOR MY UNDERSTANDING IS ABOUT 10 YEARS.
AND MR. LOPEZ, YOU, UH, YOU CAN CORRECT ME IF I'M, IF I'M WRONG ON THOSE NUMBERS, BUT FOR ABOUT 10 YEARS.
UM, AND AT THE TIME ONLY RECENTLY WAS, UM, UH, YEAH, THERE YOU GO.
UM, SO THIS IS JUST A COPY OF THE P T D AGREEMENT.
UM, I BELIEVE I SENT YOU ANOTHER ONE, MR. MCDONALD, UH, TITLED, UH, F LOPEZ, MANATEE COUNTY FL.
THAT'S THE ADMINISTRATIVE DISMISSAL.
AND SO, AND SO YOU, YOU'LL NOTE THAT, THAT THIS COPY WAS, WAS ALSO, UH, E-FILED JUST FEBRUARY OF THIS YEAR.
SO IT, IT CAME IN A LITTLE BIT LATE.
UM, BUT AS I WAS SAYING BEFORE, IN SAN ANTONIO, THERE HAD BEEN NO ISSUES.
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MR. LOPEZ HAS BEEN DOING, UH, REMODELING WORK AS WELL, AS WELL AS, UH, POOL WORK WITH SAN ANTONIO CITIZENS FOR THOSE YEARS WITHOUT ANY COMPLAINTS, ANY ISSUE, AND TO THEIR COMPLETE SATISFAC SATISFACTION.UM, THIS IS THE, THE KIND OF, UH, UH, WORK ETHIC AND THE KIND OF CANDIDATE THAT, THAT WE WANT WORKING IN, IN OUR, UH, IN OUR CITY.
UM, ANOTHER POINT THAT WAS RAISED IS THAT, THAT TH THIS ONLY CAME OUT, UH, THE F B UH, THE F B I SEARCH ONLY CAME OUT THIS LAST YEAR.
UH, OF COURSE, UH, YOU KNOW, WE'RE, WE'RE, WE'RE NOT ALL ATTORNEYS, AND I I'M SURE THAT IT WAS MR. UH, LOPEZ'S UNDERSTANDING THAT, UM, CONCERNING THE, THE CHARGE OF THE, THE 2011 CHARGE, AS WELL AS THE, THE, UH, THE MANATEE COUNTY CHARGE, UM, THAT THESE WERE ALL DISMISSED WITHOUT, WITHOUT ANY ISSUE.
SO WHEN MR. LOPEZ WAS SIGNING OFF ON THE RENEWAL, UM, I'M, I'M SURE THAT HE WAS THINKING THAT THERE WAS NOTHING UNTOWARD ABOUT HIS, UH, HIS FILING.
SO TO THAT END, I WOULD SIMPLY CLOSE WITH THAT MR. LOPEZ HAS BEEN DEDICATED, YOU KNOW, TO HIS WORK.
UM, HE'S DEDICATED TO THE CITY AS WELL.
UH, YOU'LL LEARN IN THE TRANSCRIPT THAT I PROVIDED WITH, UH, MR. MCDONALD, THAT, THAT HE LEFT A WELL-PAYING CORPORATE OFFICE TO ENLIST THE MILITARY, AND HE MADE A MISTAKE.
HE MADE A MISTAKE, UH, ON THE, ON THE FRAUD CASE IN 2011, BUT HE, UH, HE DID IT, UH, WITH THE INTENTION OF, OF CONTINUING HIS EDUCATION.
UH, Y'ALL HAVE A MOMENT AFTER, IF Y'ALL CAN CONSIDER THAT TRANSCRIPT AS WELL HERE.
UH, CLEARLY MR. LOPEZ HAS MADE ERRORS, BUT HAS EMBRACED THOSE CONSEQUENCES AND HAS USED 'EM AS LEARNING FORMAT IN ORDER TO IMPROVE HIMSELF AS BOTH AN ENTREPRENEUR AND, AND AS A MAN IN HIS LIFE.
WE BELIEVE THAT MR. LOPEZ, UH, SHOULD NOT BE DEFINED BY THESE PAST ALLEGATIONS, ESPECIALLY WHEN HE HAS SERVED HIS PENANCE AND CONTINUES TO SERVE THE, THE FOLKS OF SAN ANTONIO.
WE, WE WOULD SIMPLY ASK THAT THE BOARD LOOKS, UH, MR. LOPEZ AS A WHOLE AND CONSIDERS THE TOTALITY OF HIS CIRCUMSTANCES, AND ULTIMATELY RENEWS HIS LICENSE IN THE ALTERNATIVE.
AND, UH, THE BOARD HAS, UH, THE POWER TO DO THE FOLLOWING.
WE WOULD ASK THAT HE BE GRANTED A PROBATIONARY LICENSE SO THAT HE WOULD DEMONSTRATE HIS COMMITMENT TO HIS VOCATION AND COMPLIANCE WITH THE COMMUNITY STANDARDS HERE.
I WOULD, UH, I WOULD YIELD MY TIME.
UM, WAS MR. LOPEZ GOING TO SPEAK AT THIS TIME, OR ARE YOU READY FOR BOARD? QUESTIONS AND COMMENTS? MR. MR. LOPEZ, WOULD YOU LIKE TO, UH, TO ADD ANYTHING? HI, GOOD AFTERNOON, EVERYBODY.
UM, I, YOU KNOW, AS I WAS, CAN EVERYBODY HEAR ME? YES, CAN HEAR YOU.
AS I WAS EXPLAINING TO CESAR ALGO, YOU KNOW, UM, BEING JUDGED ON THAT PIECE OF PAPER OF MY BACKGROUND, IT MAKES ME, IT MAKES ME SEEM LIKE A VERY AWFUL, AWFUL PERSON.
I KNOW IT DOES, BUT I CAN DEFINITELY ASSURE YOU THAT THAT'S NOT WHO I AM.
YEAH, WE MADE, I MAKE SOME MISTAKES, UM, IN MY LIFE, BUT IT DOESN'T DEFINE ME OF WHO I AM AS A PERSON.
IT DOESN'T DEFINE MY LOYALTY AND INTEGRITY.
UM, AS HE WAS EXPLAINING, I LEFT A VERY WELL PAYING CORPORATE JOB TO ENLIST TO THE MILITARY ONE DAY AFTER SEPTEMBER 11TH.
IT, IT'S JUST A, JUST TO DEFINE WHAT TYPE OF PERSON I'M, UM, I COME FROM A VERY RESPECTED FAMILY.
MY MOTHER'S A PODIATRIST, WELL EDUCATED.
AND I, I WANTED TO PURSUE MY EDUCATION AND, UM, CONTINUE FORTH.
UM, I, I DID WHAT THE COURTS HAD ASKED, AND I WAS EXTREMELY APOLOGETIC FOR MY ACTIONS.
THEY WERE EMBARRASSING TO ME, TO MY FAMILY, AND TO MANY VETERANS.
UM, BUT I CAN ASSURE YOU THAT THAT'S NOT WHO I'M, UM, I LOVE WHAT I DO.
I'M VERY PASSIONATE OF WHAT I DO.
UM, MY CLIENTS ABSOLUTELY ADORE ME.
I HAVE CLIENTS THAT STILL SEND ME CHRISTMAS CARDS.
UM, I JUST WANTED TO SEE BY THE GRACE OF GOD GET A SECOND OPPORTUNITY, UH, THROUGH THE BOARD TO BE INSTATE MY LICENSE.
[00:30:01]
AND, YOU KNOW, ON ANOTHER NOTE, I'M NOT AN ATTORNEY.AND WHEN I PUT ON THAT AFFIDAVIT THAT I DIDN'T HAVE ANY FE FELONIES TILL THIS DAY, I STILL FEEL LIKE THAT'S ACCURATE.
UM, I WAS THE ONE THAT WAS PRESENT THERE IN THE COURT WHEN THE JUDGE WAS SPEAKING, AND HE SPOKE ABOUT EXPUNGEMENT.
HE SPOKE ABOUT, UM, I'M NOT SURE WHAT IT'S CALLED, BUT IT'S LIKE A DEFERRED SOMETHING, UH, THAT IT GETS OFF MY RECORD IT.
AND WHEN I WAS FILLING OUT THAT PAPERWORK, I IMMEDIATELY, UM, UH, I SPOKE TO THE YOUNG LADY BEHIND THE COUNTER, AND I EXPLAINED TO HER, HEY, YOU KNOW, ON THIS, IT SHOWS THAT I GOT IN TROUBLE HERE.
BUT THEN I PRESENTED WITH HER ANOTHER LETTER THAT SAYS, YOU KNOW, IT, IT WAS DISMISSED AT THAT IT WAS DISMISSED OR WAS GOING TO BE DISMISSED.
BUT MY INTENTIONS WEREN'T TO FABRICATE ANY TYPE OF LIE ON THAT AFFIDAVIT WHEN IT SAID, UH, IF I HAD A FELONY.
AND, AND HONESTLY, AND HONESTLY, I, I HONESTLY BELIEVE, BELIEVE THAT I DIDN'T HAVE ONE, AND I DON'T EVEN KNOW IF I HAVE ONE NOW.
UM, I, UH, THEY RAN MY, UH, BACKGROUND, UM, OVER BY MY HOUSE.
I, I LIVED IN SHIRTS NEAR GARDEN RIDGE AND, UM, THEY RAN MY BACKGROUND AT A GUN STORE, AND THEY SAID THAT I QUALIFIED TO GET A FIREARM.
UM, WE WERE THINKING ABOUT TAKING CLASSES, UH, MY ENTIRE FAMILY.
BUT, UM, I THOUGHT THAT JUST ASSURED ME THAT, YOU KNOW, IF THE N R A CAN PASS MY FEDERAL BACKGROUND AND PROVIDE ME A FIREARM, I'M NOT SURE, BUT I THINK THAT FELONS DON'T QUALIFY FOR THAT, BUT YET I QUALIFIED AND THEY HAVE THE SAME F B I NATIONAL BACKGROUND.
BUT THAT'S, THAT'S ALL I HAVE.
AT THIS TIME, DO WE HAVE ANY BOARD, UH, QUESTIONS FOR, UH, MR. LOPEZ OR HIS REPRESENTATIVE? CHAIRMAN? THIS IS, GO AHEAD, LATTOI.
UM, MR. LOPEZ, N R I DOES NOT, UH, REGULATE WHO BUYS FIREARMS IN THE UNITED STATES.
UM, BUT SO TELL ME, WHEN YOU WENT TO FLORIDA, YOU DIDN'T KNOW ANY OF THE RARE REGULATIONS AND RULES ABOUT HOW TO CONS OR HOW TO BE A CONTRACTOR, AND YOU JUST WENT BY 'EM ANYWAY, YOU KNOW, LIKE AS, AS, AS FAR AS WORKMAN'S COMP AND NOT DOING WORK AS A LICENSED ELECTRICIAN, LIKE YOU WANT TO, YOU WANT TO FAMILIARIZE YOURSELF WITH THE LOCAL STATE RULES BEFORE YOU GET INTO BUSINESS.
AM I CORRECT? Y YES, YOU'RE ABSOLUTELY RIGHT.
UM, IT WAS ACTUALLY, UH, I HAD APPLIED FOR NUMEROUS JOBS OUT THERE, AND I WAS LOOKING FOR EMPLOYMENT TO PROVIDE FOR MY FAMILY.
AND, UH, IT'S, IT'S, IT'S VERY HARD OUT THERE.
IT'S, IT'S, UH, IT'S VERY, A LOT OF RETIREES AND THEY DON'T REALLY HAVE, UM, MANY BLUE COLLAR JOBS.
AND THE ONES THAT THEY DO ARE VERY LOW PAYING.
AND I TOOK MY SKILLS OVER THERE, UH, TO FLORIDA.
AND ON THE FIRST JOB THAT I WENT TO, I DIDN'T PERFORM ANY WORK.
UH, I WALKED IN, I HAD, I HAD RECEIVED A CALL.
UM, THE JOB WAS TO, UH, REPOSITION A SHOWER HEAD, UH, MOVE IT OVER LIKE THREE INCHES.
ANOTHER ONE WAS TO CHANGE OUT.
THE OTHER ONE WAS TO CHANGE OUT, UH, A RECESS LIGHT, UH, TO TAKE OUT THE CANISTER AND PUT IN ANOTHER ONE.
AND, UM, AFTER I TOLD THEM THAT, YES, I CAN PERFORM THESE SIMPLE TASKS, UM, I WAS BOMBARDED BY ABOUT 15 AGENTS THAT CAME FROM ALL OVER THE HOUSE, AND I WAS ARRESTED BECAUSE IT WAS A STING OPERATION.
THEY, UM, WE WERE BACK AND FORTH, UH, AT, IN THE COURTS.
UH, THE ATTORNEY THAT WAS REPRESENTING ME AT THE TIME HAD STATED, UH, THAT I DIDN'T BY FLORIDA LAWS BECAUSE I WORKED BY MYSELF.
[00:35:01]
DIDN'T, IT DIDN'T, I DIDN'T REQUIRE TO HAVE, UH, WORKMAN'S COMPENSATION.AND IN FLORIDA, WELL, NOT HAVING THE WORKMAN'S COMPENSATION, THAT WAS THE FELONY, BUT EVEN IF YOU'RE JUST ONE PERSON IN THE COMPANY, YOU DON'T HAVE TO HAVE WORKMAN'S COMPENSATION.
BUT APPARENTLY THEY SAID YOU HAVE TO HAVE WHAT'S CALLED, UM, A WAIVER, UM, OF WORK COMPENSATION.
UM, BUT YES, I, I WASN'T VERY FAMILIARIZED WITH THE LAWS OVER THERE.
IT'S VERY DIFFERENT FROM TEXAS, AND I SH I SHOULD HAVE READ IN A LITTLE BIT MORE.
AND I WAS, UH, MY JUDGMENT WAS NOT A GOOD JUDGMENT BECAUSE I WAS, I WAS MOTIVATED TO PROVIDE FOR MY FAMILY.
UM, WE HAD A REALLY GOOD LIFE HERE WORKING, UM, IN, IN TEXAS.
UM, AND I HAD TO RELOCATE TO HELP A LOT OF MY FAMILY, UH, THAT HAD TO RELOCATE TO FLORIDA BECAUSE THEY WERE MISPLACED, UH, FROM HURRICANE MARIA AND PUERTO RICO.
UM, I HAD FAMILY THAT LOST EVERYTHING OVER THERE.
UM, AND I, I JUST HAD TO HELP MY FAMILY, AND THAT'S ALL.
ARE THERE ANY OTHER ADDITIONAL QUESTIONS? YEAH, MR. CHAIR, THIS IS MIKE RUST.
REAL, REAL QUICK FOR MR. LOPEZ.
HOW, HOW LONG WERE YOU WORKING IN FLORIDA? I, UM, I WAS THERE FOR APPROXIMATELY TWO YEARS.
TWO YEARS, UM, AFTER THAT FIRST, UM, AFTER THAT FIRST PROBLEM THAT I HAD WHEN I TRIED TO WORK FOR MYSELF, UM, OBVIOUSLY I DID NOT REPEAT THAT AGAIN.
UM, BUT I ENDED UP WORKING AS A, UM, A PROJECT MANAGER FOR A COMPANY CALLED, UH, WATERFALL CAPITAL, WHICH IS AN INVESTMENT GROUP THAT REMODELS HOUSES.
AND I WAS OVERSEEING, UH, 18 EMPLOYEES ON, UH, WE WOULD, THEY WOULD FLIP ABOUT 20 HOUSES A MONTH, UH, THROUGHOUT THE SAN ANTONIO, TAMPA, UM, PALMETTO AREA.
UM, ONCE COVID HIT EVERYTHING, EVERYTHING SHUT DOWN, AND I COULDN'T AFFORD MY RENT OVER THERE.
I SPOKE WITH THE LANDLORD AFTER THEY HAD CLOSED EVERYTHING FOR SO LONG, AND WE MOVED BACK TO OUR HOME HERE THAT WE HAVE IN CHURCHS.
SO, SO YOU CONTINUED WORKING IN FLORIDA AFTER ALL THIS, UM, LEGAL TROUBLE WAS CONCLUDED, IS THAT WHAT I'M UNDERSTANDING? UH, YES.
I WORKED UNDER THE, I WORKED UNDER THE LICENSE OF THE COMPANY, WHICH THEY HAD THEIR OWN GENERAL CONTRACTORS.
I JUST OVERSAW, UM, THE ENTIRE PROJECTS AND, UM, I WOULD CALL FOR THE INSPECTIONS WHEN NEEDED AND MAKE SURE THAT THE WORK WAS BEING, UM, PERFORMED AS, UH, AS IT SHOULD BE.
MR. JAIME? YES, MR. LOPEZ, I HAVE A COUPLE OF QUESTIONS AND I APPRECIATE LIDDELL ASKED PART OF ONE OF MY QUESTIONS ALREADY, SO I CAN TAKE THAT OFF.
UM, ARE YOU CURRENTLY, IF I UNDERSTAND YOUR APPLICATION, ARE YOU, UH, DERIVING AN INCOME FROM, UH, POOL BUSINESS? I AM CURRENTLY, RIGHT NOW I AM WORKING IN THE POOL BUSINESS, BUT I'M STRICTLY INTO THE REMODELING SIDE OF IT AND NOT ANY CONSTRUCTION CURRENTLY UNTIL OUTCOME OF THIS MEETING.
BUT THE, THE THINGS THAT I AM CURRENTLY DOING TO PROVIDE FOR MY FAMILY IN THE POOL BUSINESS IS, IS, UH, I SERVICE SWIMMING POOLS.
UM, AND I CHANGE OUT TILE HOPING, UH, OF SWIMMING POOLS AND I PREP FOR PLASTER.
UM, AND I HELP, UM, CUT AND LAY FLAGSTONE, WHICH NONE OF THESE REQUIRE ANY TYPE OF LICENSING OR PERMITTING.
SECOND QUESTION I HAVE IS, IT SHOWED EARLIER BY THE CITY STAFF THAT YOUR LICENSE EXPIRED
[00:40:01]
A A FEW YEARS AGO, BUT PRIOR TO THAT EXPIRATION, HOW LONG HAVE YOU BEEN A CUSTOM HOME BUILDER? HOW LONG HAVE YOU BEEN IN THE BUSINESS? UM, ALTOGETHER I HAVE 18 YEARS WHERE YOU WERE A LICENSED CUSTOM HOME BUILDER? NO, AND I WAS LICENSED FOR, I WANNA SAY EIGHT, 10 YEARS IN THE CITY OF SAN ANTONIO.I CAN'T REALLY REMEMBER EXACTLY.
EVERY TWO YEARS WE, UH, RENEW THE LICENSE, AND THAT'S HAPPENED SEVERAL TIMES.
AND THE LAST THING I WANTED TO SAY ON THIS WAS IS THE, IS THE FOLLOW UP ON LIDDELL'S COMMENT.
UH, THERE'S A LOT OF THINGS SAID.
THE DEC FINAL DECISION THAT THIS BOARD MAKES ON THIS HAS NOTHING TO DO, UH, EXACTLY WITH, UH, BACKGROUND CHECKS FOR GETTING A ASSIGNED TO, TO GETTING AWARDED A, UH, A GUN OR A FIREARM.
UH, IT'S REALLY MORE IN, IN THE COMPLIANCE WITH THE CHAPTER 10 AS STATED ONE 15 K THREE, AND IT'S MORE ABOUT, UH, HONESTY AND TRUSTWORTHINESS AND STUFF.
AND I UNDERSTAND THAT YOU DIDN'T UNDERSTAND THE DOCUMENT YOU FILLED OUT AND SAID NO, WHICH MAY HAVE NOT BEEN TRUTHFUL.
SO, UM, I JUST WANTED YOU TO KNOW THAT THIS IS NOT A NECESSARILY A ATTACK ON YOUR PERSONAL CHARACTER FOR YOUR WHOLE LIFE, BUT IT'S REALLY MORE ABOUT THE PROCESS AND THE PROCEDURE THAT, THAT YOU'RE GOING THROUGH TO GET A LICENSE THAT WE'RE CHARGED WITH EVALUATING AND MAKING A DECISION, UH, BASED ON THE WAY IT'S BEEN PRESENTED TO THIS BOARD, UH, TO DO THAT OR NOT.
SO, UH, WHETHER AND IN ACCORDANCE WITH MR. MONTALVO, YOUR ATTORNEY SAID THAT THIS IS NOT ABOUT YOUR WHOLE LIFE.
THIS IS ABOUT ONE LITTLE SLICE OF IT, ABOUT THE DECISION WHETHER YOU WERE IN COMPLIANCE WITH CHAPTER 10, THE ONE 15 K THREE, SO I JUST WANTED TO MAKE SURE THAT YOU UNDERSTOOD THAT.
I, UM, JUST SO THAT WE, WE ARE ALL ON THE SAME PAGE, WHEN I WAS FILING THAT, UH, PAPERWORK THERE AT THE DEVELOPMENT CENTER, UM, WHEN I GOT TO THAT QUESTION, I IMMEDIATELY ADDRESSED THE CLERK, UH, MY F B I BACKGROUND CHECK, AND I HAD EXPLAINED TO HER THAT IT SAYS THAT, UM, I WAS, I, I HAVE A FELONY OR SOMETHING, BUT I HAD EXPLAINED TO HER RIGHT THERE AND THEN THAT IT HAD BEEN DISMISSED.
AND SHE THEN GOT UP AND WENT OVER TO ANOTHER OFFICE.
I'M NOT SURE WHO SHE SPOKE TO, BUT SHE WAS GONE FOR ABOUT 10 MINUTES.
AND WHEN SHE CAME BACK, UM, SHE SAID THAT I WAS, BUT JUST SO THAT WE ALL UNDERSTAND MY INTEGRITY, IT'S UNQUESTIONABLE THERE.
UM, BECAUSE I DEFINITELY THOUGHT THAT I DIDN'T HAVE ANYTHING.
THAT'S WHY I HAD PRESENTED TO HER IMMEDIATELY RIGHT WHEN I WAS FILLING OUT THAT PAPERWORK.
I HAVE A QUESTION FOR MR. LOPEZ AND, UH, HIS ATTORNEY.
UM, THE CASE IN 2012, UM, REGARDING THE MODIFIED DD TWO 14, UM, WAS THAT CONSIDERED A MISDEMEANOR OR A FELONY? I CAN'T TELL FROM THE TRANSCRIPT.
IT SAYS YOU WERE CONVICTED OF POSSESSION OF A FALSE DOCUMENT WITH INTENT TO INFRA THE US.
DOES ANY, CAN ANYBODY TELL ME IF THAT'S A MISDEMEANOR OR A FELONY? YES.
UH, I CAN ANSWER THAT, THAT THAT WOULD BE CONSIDERED A, A FELONY.
SO YOU WERE CONVICTED OF A FELONY BACK IN 2011 OR 12, IS THAT CORRECT? AND THAT WAS NOT THE ONE THAT WAS DISMISSED.
IT WAS THE CHARGES IN 2019 THAT WERE DISMISSED, CORRECT? THAT'S CORRECT.
UM, HE HERE IN 2021, AND THEN THE ONE IN THE ONE THAT WE WERE TALKING ABOUT PREVIOUSLY, 2011, THAT WAS A, A FELONY THAT WHERE HE WAS, WHERE IN THE TRANSCRIPT IT'LL STATE HOW UNIQUE HIS CASE WAS, UH, THAT HE QUALIFIED FOR PROBATION.
BUT YES, THAT, THAT WAS A FELONY CONVICTION.
UM, I DO HAVE A QUESTION, UM, TO MY ATTORNEY.
UM, WAS THAT, WAS THAT ALSO, UM, WAS THAT ALSO DEFERRED OR, I CAN'T REM UH, WHERE, WHERE I REMEMBER THE JUDGE SAYING SOMETHING THAT IT
[00:45:01]
CAN BE EXPUNGED OR NOT SURE THAT YOU WOULD LIKELY BE ELIGIBLE FOR AN EXPUNCTION AFTER, AFTER SEVERAL YEARS OF THE DISCHARGE, BUT IT, THERE'S NO, THERE'S NO, UH, DEFERRAL ON THE, UH, ON A FEDERAL FELONY.YEAH, I REMEMBER THE JUDGE SAYING THAT IT WAS A, AN EXTREMELY UNIQUE CASE, AND IT WAS SO SMALL THAT HE DIDN'T, HE DIDN'T WANNA CHARGE ME, BUT HE HAD TO CHARGE ME.
BUT HE, HE SAID THAT HE WANTED ME ON THE ABSOLUTE LOWEST LEVEL OF PROBATION, AND HE ADDRESSED THE SUPERVISOR OF PRETRIAL AND, UH, ASKED HER TO PLACE ME ON THE ABSOLUTE LOWEST LEVEL OF PROBATION BECAUSE HE DIDN'T SEE ANY PERSONAL GAIN WITH THIS, THAT I WAS TRYING TO FURTHER MY EDUCATION.
AND MR. LOPEZ, WERE YOU, WERE YOU DISCHARGED EARLY ON THIS, UH, ON, ON THE 2011 CASE THAT YOU RECALL? UH, YES.
I, THEY, YES, SIR, I COMPLIED AND I STAYED OUT OF TROUBLE AND THEY, THEY, THEY RELEASED ME.
THEY DIDN'T HAVE ANY PROBLEMS WITH ME.
ARE THERE ANY OTHER, THERE YOU GO.
YES, CHRIS, THIS, UH, JACK UP MORE, MR. LOPEZ.
I WAS JUST CURIOUS, YOU HAD SAID YOU'D HAD A LONG STRING OF CLIENTS AND CUSTOMERS THAT, THAT HAVE BEEN VERY PLEASED WITH YOUR WORK, WHICH I'M NOT DISAGREEING WITH YOU.
I WAS JUST CURIOUS OVER THESE LAST FEW YEARS BESIDES WORKING WITH THE POOL COMPANY THAT YOU'RE DOING THE TILE WORK AND SUCH AS THAT.
BUT NOW, WHAT KIND OF WORK WERE YOU DOING BEFORE? AND YOU, I KNOW WE DON'T HAVE ANY HERE, BUT DO YOU HAVE ANY LETTERS OF REFERRALS OR, UH, SO I'M JUST TRYING TO GET A LITTLE BETTER BACKGROUND, WHAT YOU DID OVER THE LAST FEW YEARS AS FAR AS CONSTRUCTION.
OH, YES, I HAVE, UH, I HAVE A LOT OF CUSTOMERS THAT I CAN PROVIDE REFERRAL LETTERS FROM.
I'M CURRENTLY RIGHT NOW SITTING IN MY TRUCK IN FRONT OF A HOUSE THAT IS, UH, ABOUT THREE, $4 MILLION.
AND, UH, THE FAMILY IN HERE ABSOLUTELY LOVE MY WORK.
UM, AND NOT ONLY DO THEY LOVE MY WORK SO MUCH THAT THE NEIGHBORS NEXT DOOR, UM, HAS, UH, THEY WANTED, THEY WANTED US TO GO OVER THERE AND ALSO CONDUCT SOME WORK, WHICH WE HAVE THEM ON THE SCHEDULE.
AND NOW HE JUST REFERRED HIS SISTER, UM, WHICH I'M CURRENTLY IN B CAVE IN AUSTIN RIGHT NOW, AND HIS SISTER, WHICH I WENT OVER THERE TO GO LOOK AT HER, UM, HER SWIMMING POOL, UH, TO HAVE REMODELED.
AND NOW THE BROTHER LIVED IN SAN ANTONIO, WANTS ME TO BUILD HIM A POOL FROM THE GROUND UP, BUT I HAD TO EXPLAIN TO HIM ABOUT MY LICENSING THERE AND THAT I COULDN'T, I COULDN'T DO THAT.
I CAN ONLY DO REMODELS UNTIL THIS MEETING WAS, UM, FINALIZED.
BUT I CAN PROVIDE YOU WITH MANY, MANY, UH, POSITIVE RECENT, UM, REFERRALS FROM PLEASE CLIENTS.
SO, I GUESS MAINLY THE, THE WORK THAT YOU'VE DONE OVER THESE LAST FEW YEARS WITH YOUR CONTRACTOR'S LICENSE HAS ALL BEEN SOME ON YOUR OWN, SOME WITH THE COMPANY, UH, OR WERE THEY ALL WITH THE COMPANY, OR DID YOU DO A LOT OF 'EM ON JUST ON YOUR OWN? EVERY JOB THAT I'VE CONDUCTED IS ALL RECORDED UNDER MY COMPANY AND MY TEXTBOOKS, MY, I I THROUGH QUICKBOOKS.
AND THAT'S THROUGH THIS POOL COMPANY? YES.
ARE YOU WANTING, YOU'RE USING THE LICENSE, BUT YOU'RE USING A LICENSE THAT YOU'RE GETTING? 'CAUSE YOU'RE NOT REQUIRED TO HAVE A LICENSE TO DO REPAIR WORK, YOU'RE JUST USING, JUST HAVING THAT, JUST TO HAVE IT, OR HAVE YOU USED IT IN THE PAST AS AN INDEPENDENT CONTRACTOR? NO, I'VE ABSOLUTELY USED IT.
MY PASSION IS FROM, UH, DESIGNING AND, UH, MY PASSION IS DESIGNING AND BUILDING.
I SIT DOWN WITH, UH, A FAMILY.
WE TALK ABOUT THEIR PLANS WHEN PEOPLE, UH, WHEN PEOPLE WANT A SWIMMING POOL.
IT'S, IT'S NOT LIKE, UH, BUILDING AN ADDITION TO A HOUSE OR SOMETHING.
THIS IS FUN THAT INTERACTS THE ENTIRE FAMILY AND THE CHILDREN.
AND WHEN I DESIGN SOMETHING AND THEN I PUT IT IN A TADD DESIGN, UM, AND PROVIDE THEM ALSO WITH THREE D RENDERINGS OF WHAT THEIR YARD'S GONNA LOOK LIKE.
AND YES, I GET ALL THE LICENSING, I GET MY PERMITS OUT, AND I CONSTRUCT THAT.
[00:50:01]
THEIR SMILES.ONCE THE PROJECT IS DONE, WHEN YOU TAKE SOMETHING FROM PAPER AND YOU CAN ACTUALLY PUT IT IN THEIR BACKYARD, IT'S JUST ABSOLUTELY AMAZING.
AND THAT'S, THAT'S WHAT I LOVE TO DO.
BUT RIGHT NOW I'M FORCED TO, UH, STAY WITHIN MY CUBICLE OF REMODELING UNTIL EVERYTHING IS, UH, YOU KNOW, AFTER THE BOARD.
AND WHAT, WHAT POOL COMPANY WAS THAT, THAT YOU WORKED? I MEAN, THAT YOU HAD ALL THIS BEFORE, PREVIOUSLY? OH, I HAD ONE BEFORE THAT, UH, IT WAS CALLED POOL BOYS, AND THEN I WENT TO FLORIDA.
I HAD POOL BOYS FOR MANY YEARS.
AND, UM, THEN I WENT TO FLORIDA FOR A COUPLE YEARS AND WHEN I CAME BACK WE OPENED UP, UH, AVERY POOLS NAMED AFTER MY SON.
ARE THERE ANY OTHER BOARD QUESTIONS OR COMMENTS FOR THE APPLICANT OR STAFF AT THIS TIME? UH, CHAIRMAN, UH, GARCIA, THIS IS ROBERT HANLEY AGAIN.
WHAT, UH, DOES CITY STAFF HAVE AS OUR OPTIONS? OBVIOUSLY, MR. MONTALVO EARLIER TALKED ABOUT A, UH, PROBATIONARY, UH, LICENSE.
I DON'T THINK THAT THAT'S, UH, WE HAVE THAT VEHICLE AND NONE OF THE CITY ATTORNEYS LISTEN IN ON THAT.
SO IF THAT'S NOT AN OPTION, UM, AND WE DECLINE, UH, WE D AND WE AGREE WITH THE CITY AND THEIR INTERPRETATION, AND THIS BOARD DECLINES IT.
HOW LONG BEFORE MR. LOPEZ CAN REAPPLY? THIS IS JEREMY MCDONALD DEVELOPMENT SERVICES.
UH, IF, IF THE, UH, REGISTRATION DENIAL GOES FORWARD, THEN IT'S ONE YEAR FROM DATE OF DENIAL, UH, PER ON HIS FIRST APPLICATION.
SO I BELIEVE IT APRIL 9TH, UH, 2022 WOULD BE THE FIRST TIME HE WOULD BE ABLE TO REAPPLY.
UH, AGREED THAT WE DON'T REALLY HAVE A MEASURE FOR PROBATIONARY.
UH, THE ONLY THING I CAN THINK OF IS WE DO HAVE, YOU KNOW, THE, THE KIND OF A THREE STRIKE POLICY FOR A LOT OF TYPES OF REGISTRATION, UM, ITEMS THAT WE, YOU KNOW, IF WE DO FIND FAULTS OR, YOU KNOW, UH, WE'LL GO OUT THERE AND FIND THAT HE'S NOT DOING SOMETHING PROPERLY.
WE, YOU KNOW, COULD SUSPEND FOR 30 DAYS, 60 DAYS, 90 DAYS.
UH, THERE'S KIND OF A THREE STRIKE POLICY BEFORE WE CAN MOVE TO A FULL DENIAL.
UH, THE ONLY OUR RE REVOCATION OF THE REGISTRATION, SO THE ONLY THING I COULD REALLY THINK OF IT WOULD BE KIND OF MORE OF A GOING LIMITED OR REDUCE HOW MUCH TIME THE STATE, THE CITY HAS TO DO A FULL REVOCATION IF WE DO COME ACROSS ANY OF TEXAS.
AND MY, MY UNDERSTANDING, UM, IS THAT THE BOARD DOES HAVE THE PURVIEW TO, UM, TO A, ALLOW AN APPLICANT TO, UH, PARTICIPATE IN THE LICENSURE, UM, ON PROBATIONARY, UH, BASIS.
UH, NOW, NOW THERE'S, UH, IF, IF THERE'S SOME SORT OF, UM, SECTION THAT I'M MISSING, YOU KNOW, I'M, I'M ALL EARS, BUT MY UNDERSTANDING IS THAT, THAT THE BOARD DOES HAVE THAT PURVIEW.
JEREMY, IS THAT SOMETHING THAT YOU OR THE CITY OR THE STAFF ATTORNEY CAN ADDRESS REGARDING THE PROBATIONARY LICENSE? HI, THIS IS JOSEPH NEY WITH THE CITY ATTORNEY'S OFFICE.
YEAH, I, I'M NOT AWARE OF ANY, UH, PROVISIONAL LICENSE, UM, IN CHAPTER 10, UH, UH, FROM MY TIME, I'VE NEVER, NEVER EXPERIENCED THAT.
I DON'T KNOW IF JEREMY HAS ANYBODY ELSE TO ADD.
UH, LEMME UH, PULL UP CHAPTER 10 REAL FAST AND, UH, I CAN KIND OF POINT OUT REALLY, WE DON'T HAVE THE PROBATIONARY, AS I WAS SAYING, REALLY, WE JUST KIND OF HAVE OUR SET RULES OF WHEN WE CAN SUSPEND AND OR REVOKE BASED OFF OF VIOLATIONS ONCE REGISTRATION RECEIVED.
UM, AND THAT, LIKE I SAID, I THINK THAT MIGHT BE THE ONLY MIDDLE GROUND THE BOARD MIGHT HAVE TODAY.
UM, YOU KNOW, IF, IF IT'S A, YOU KNOW, INSTEAD OF A 30 DAY SUSPENSION OFFER, THE FIRST OFFENSE, YOU KNOW, IT MIGHT BE A 60 90 DAY OR FULL RULE VOCATION.
UH, THOSE MIGHT BE THE ONLY GROUNDS THE BOARD HAS.
I'LL TRY TO PULL THAT UP REAL QUICK AND GIVE YOU ALL, UH, AN IMAGE OF WHAT THAT LOOKS LIKE.
UH, JEREMY, THIS IS ROBERT HANLEY AGAIN.
UH, DO WE ALSO HAVE THE OPTION IF WE DECLINE, UH, AND WE AGREE WITH THE CITY'S INTERPRETATION DEVELOPMENT SERVICES INTERPRETATION? UH, CAN WE, DO WE HAVE THE OPTION TO REDUCE IT FROM ONE YEAR BEFORE REAPPLICATION, OR CAN YOU SAY SIX MONTHS OR NINE MONTHS? I WOULD'VE TO DEFER TO MR. HARNEY ON THAT ONE AS WELL.
CHRIS, CAN I ASK ONE MORE QUESTION FOR, UH, MR. LOPEZ? YES.
[00:55:01]
UH, MR. LOPEZ, YOU, YOU WERE JUST ANOTHER QUESTION ABOUT POOL BOYS.IS, IS POOL BOYS A AN L L C OR IS THAT A A JUST A WHAT, WHAT DO YOU HAVE AS, UH, POOL BOYS WAS A SOLE PROPRIETOR, AND, UM, I WAS ACTUALLY IN THE PROCESS OF, UM, WITH MY C P A FILING SOME PAPERWORK THAT HE SAID HE NEEDED TO SEND UP TO THE STATE.
UM, I'M NOT SURE OF THE PROCESS WITH THAT.
UM, UH, I JUST RECENTLY, UH, INQUIRED TO MY ATTORNEY, CESAR MONTGO ABOUT ALSO, UM, PUTTING IN THAT PAPERWORK, UH, FOR AVERY POOLS.
UH, I'M NOT TOO INCLINED AS FAR AS WHEN, UM, HOW TO DO THAT PAPERWORK, BUT I WAS IN THE PROCESS OF, UH, DOING THE L L C.
SO THE, THE, I HAD LOOKED UP BEFORE, UH, THE WEBSITE OR JUST LOOKED UP POOL BOYS, AND IT CAME UP AS, AS A L L C ON, AND THEN A WEBSITE AND SOME PICTURES.
AND ONE REVIEW, UH, FROM MR. GRAVES.
IS THAT, IS THAT YOU OR IS THAT SOME, SOMEBODY ELSE? NO, I DON'T THINK THAT'S ME, SIR.
I DON'T HAVE A WEBSITE WITH POOL BOYS.
SO THIS ANTHONY GRAVES, THAT'S, THAT WASN'T SOMEBODY, YOU KNOW, OR WOULD, THAT DOESN'T RING A BELL, SIR.
UNLESS IT WAS A GOOD REVIEW, THEN IT WAS ME.
NO, THIS, THIS, UH, JUST SAYS FELIX AND HIS TEAM, ET CETERA, ET CETERA.
SO, OH, THEN MAY, MAYBE IT IS, WE'RE, WE'RE, I'M TRYING TO RECOLLECT BACK MANY YEARS AGO, SO I, I REALLY DON'T KNOW.
I DID HAVE, UM, THERE WAS, UM, I DO CONSTRUCTION, SO WHEN IT COMES TO, UM, LIKE MAKING WEBSITES AND THINGS LIKE THAT, I HAVE TO HIRE THAT STUFF OUT.
UM, THERE, I'M, I BELIEVE THAT THE PERSON WHO USED TO WORK WITH, UM, I CAN'T EVEN THINK OF THE COMPANY'S NAME, BUT THEY, IT WAS KIND OF LIKE A SIDE BUSINESS FOR THEM, UH, TO DEVELOP THE WEBSITE AND PUT ALL THAT, UH, ALL THE ADVERTISING ONLINE.
THEY HAD ME WITH LIKE, UM, HOME ADVISOR AND HOW'S MAGAZINE OR SOMETHING LIKE THAT.
ANGIE'S, ANGIE'S, I DON'T KNOW.
I DON'T KNOW HOW YOU GET ON ANGIE'S LIST AND STUFF.
MR. LOPEZ, THIS IS LIDDEL TOY CALLING OR, UH, SPEAKING.
UH, SO YOU HAVE NEVER DECEIVED ANY, ANY OF YOUR, OF YOUR, YOUR CLIENTS, YOU KNOW, YOU, YOU, YOU HAVE ALWAYS COMPLETED YOUR WORK.
YOU'VE NEVER TAKEN A DEPOSIT AND NOT STARTED ANY JOBS, UH, AND, AND, AND, AND YOUR TIME WORKING BY YOURSELF? NO, I'VE, I'VE TAKEN, I'VE TAKEN, UH, I, I NORMALLY DON'T NEED TO TAKE A DEPOSIT.
I, I HOLD ENOUGH CAPITAL TO, TO FUND THE PROJECT, BUT I DO HAVE SEVERAL PHASES OF AND DRAW PAYMENTS AS THE PROJECT IS CONDUCTED, WHICH IS, UH, ILLUSTRATED IN MY 14TH LEAD CONTRACT.
UM, THERE WAS RECENTLY A CASE, UH, UH, DATED BACK FROM, I BELIEVE IT WAS MARCH OF 2017, WHERE IT CAME UP, UH, THAT A CLIENT WAS, HE HAD FABRICATED SOME LIES ONLINE SAYING THAT, UM, I HAD TAKEN HIS MONEY, HE COULDN'T FIND ME, I RAN AWAY WITH HIS LIFE SAVINGS AND A LOT OF, A LOT OF LIES.
BUT, UM, MY ATTORNEY CAN ACTUALLY, UH, FURTHER, UH, EXPLAIN WHAT JUST HAPPENED WITH THAT.
SO I, AND I ASSUME I HAVE PERMISSION FROM MR. LOPEZ TO DISCLOSE CONFIDENTIAL INFORMATION, UH, THAT THERE WAS A CASE OUT OF BEAR COUNTY, UM, THE, UH, DISTRICT ATTORNEY RICHARD GUERRA ON THE OTHER SIDE, UH, WE'VE BEEN DISCUSSING THIS CASE.
THIS, THIS CAME FROM A, AN INCIDENT FROM 2017 WHERE A, UH, WHERE THE COMPLAINANT NAMED, UH, I BELIEVE HIS LAST NAME WAS MR. HASLET, UH, WAS HE, MR. LOPEZ HAD BEGUN A PROJECT, UH, AND WAS, IT WAS SOMETHING LIKE 90% COMPLETE WITH THAT PROJECT.
AND, UH, AT SOME POINT THERE WAS SOME EQUIPMENT, UH, ON THAT PROPERTY THAT WAS THE RESPONSIBLE OF MR. HASLET THAT WAS STOLEN.
AND SO THE PROJECT COULDN'T GO ON UNTIL THAT,
[01:00:01]
UH, THAT EQUIPMENT WAS REPLACED.UM, OF COURSE, UH, MR. LOPEZ HAD NO DEALINGS IN THAT, AND HE AND IN FACT GAVE DIFFERENT ALTERNATIVES OR SUGGESTIONS TO THAT COMPLAINANT OF, OF HOW TO GET THIS PROJECT MOVING FORWARD.
UM, HE, HE WOULD NOT HAVE IT, AND INSTEAD, UM, UH, BEGAN DEFAMING MR. LOPEZ ON THE INTERNET.
UH, OF COURSE, YOU KNOW, I, I COUNSELED HIM AND, AND MENTIONED THAT HE'S OUT OF HIS STATUTE OF LIMITATIONS FOR ANY LEGAL ACTION.
UM, HOWEVER, AT SOME POINT THIS, HE, HE EVEN MADE A POLICE REPORT TO THE, THE BEX COUNTY DISTRICT ATTORNEY, UH, PICKED IT UP AND AUTHORIZED IT OR, UH, AUTHORIZED IT.
AND UPON SECOND LOOK, THE MR. GUERRA, THE PROSECUTOR, UM, AFTER LOOKING AT THE NUMBERS, LOOKING AT THE COMPLAINT AND LOOKING AT THE, UH, THE EVIDENCE IN THAT PARTICULAR CASE DECIDED THAT, THAT THIS WAS NOT A, A THEFT AND THERE WAS NO INTENT TO STEAL OR ANYTHING LIKE THAT, AND, AND PROMPTLY DISMISS THAT CASE.
SO YOU DON'T HAVE ANY DISGRUNTLED, UH, CUSTOMERS AS FAR AS YOUR BUSINESS RECORD GOES AS FAR AS NON, NOT NON-COMPLETION OF WORK.
I'M NOT, THAT'S, I'M NOT SAYING ABOUT, YOU KNOW, YOUR QUALITY OF WORK, BUT NONPAYMENT AND ANY OF THAT, UH, SORT OF FASHION.
UM, AGAIN, WE'RE GOING BACK MANY YEARS.
I HAVE, UM, MANY, MANY CLIENTS, BUT, UM, OFF THE TOP OF MY HEAD, NO, I CAN'T RECOLLECT ANY, I'VE HAD DISPLEASED CLIENTS.
I MEAN, UM, THEY'RE, THEY'RE UNPLEASED WITH, YOU KNOW, IF WE LAY DOWN FLAGSTONE, THEY DON'T LIKE THE JAGGED EDGES, BUT THEY HAVE TO UNDERSTAND IT'S A NATURAL STONE.
IT COMES WITH JAGGED EDGES, THINGS LIKE THAT.
UM, BUT, UM, AS FAR AS, UH, UNCOMPLETED WORK, UM, NO, NO, MR. MR. HASLET WAS A VERY, VERY UNIQUE CASE, BUT I, I HAD EXPLAINED TO HIM, UM, THAT HIS, HIS HOUSE HAD GOTTEN BROKEN INTO, AND THE EQUIPMENT THAT WE NEEDED, UH, BEFORE WE CAN PLACE THE TILE IN THE PLASTER OF A SWIMMING POOL, UM, IT NEEDED TO BE THERE BECAUSE IMMEDIATELY RIGHT AFTER WE, WE DID THAT PROCESS, THE POOL'S COMPLETED, AND WE HAVE TO FILL IT UP WITH WATER, AND WITHOUT THE EQUIPMENT, WE CAN'T CIRCULATE THAT WATER.
THEY, EVERYTHING WOULD GET DAMAGED.
AND, UM, I EXPLAINED TO HIM, LET'S CALL THE POLICE.
CALL YOUR HOMEOWNER'S INSURANCE.
UH, HE WANTED ME TO FILE IT ON MY INSURANCE.
I SAID, I CAN'T DO THAT UNDER THE CONTRACT, IT STATES THAT THE EQUIPMENT WAS ON YOUR PROPERTY, AND ONCE EQUIPMENT IS ON YOUR PROPERTY, UM, IT'S YOUR SOLE RESPONSIBILITY TO SAFEGUARD THAT EQUIPMENT BECAUSE I'M NOT CHARGING YOU FOR SECURITY TO SAFEGUARD YOUR EQUIPMENT AT YOUR HOME, AT YOUR RESIDENCE.
UM, THAT IT WAS, I HAVE, UM, ABOUT 37 40 PAGES OF TEXT MESSAGE CORRESPONDENCE AND EMAILS THAT I PROVIDED TO MY ATTORNEY, UH, IN REGARDS TO THAT CASE, UH, HOW MANY TIMES I TRIED TO, UM, RESOLVE IT.
AND IF THE BOARD, UH, WOULD LIKE, UM, I WILL GRANT MY ATTORNEY PERMISSION TO, UH, TRANSFER THOSE DOCUMENTS OVER SO THAT YOU CAN SEE HOW I WAS TRYING SO HARD TO TRY TO GET THAT PROJECT DONE.
I DON'T, IN MY OPINION, I DON'T THINK THAT'S NECESSARY.
I JUST WANNA MAKE SURE THAT, YOU KNOW, YOU, YOU HAVE NEVER TAKEN ANY MONEY AND NEVER COMPLETED A JOB.
I, I'M THE TYPE OF PERSON THAT, UM, I WISH I HAD MY OLDER REVIEWS.
UM, I'M THE TYPE OF PERSON THAT EVEN IF IT GETS TO THE POINT WHERE I MAY HAVE UNDERBID THAT JOB, UM, I WILL LOSE MONEY TO COMPLETE THAT JOB.
THAT'S JUST PART OF MY INTEGRITY BEHIND IT.
ARE THERE ANY ADDITIONAL QUESTIONS FROM THE BOARD FOR, UH, MR. LOPEZ OR HIS ATTORNEY OR STAFF? UH, UH, MR. CHAIR, THIS IS MIKE ROSS.
I JUST WANTED TO SEE, UH, WITH JEREMY, IF YOU HAD ANY CHANCE ANYBODY HAD ANY SUCCESS IN LOOKING INTO THE RECORDS, UH, FROM THE CITY, IF THERE HAD BEEN ANY COMPLAINTS, UH, DURING HIS PREVIOUS SOUNDS, LIKE DECADE, UH, OF WORK FOR THE CITY OF SAN, UH, YOU KNOW, IN THE CITY OF SAN ANTONIO? YES, SIR.
THIS IS JEREMY MCDONALD DEVELOPMENT SERVICES.
WE, WE HAVE NO RECORDS OF ANY COMPLAINTS,
[01:05:01]
UH, MR. LOPEZ IN HIS PRE PRIOR REGISTRATION.THIS IS, UH, JOSEPH FARM, THE CITY ATTORNEY'S OFFICE.
JUST TO, TO CLARIFY, THE DISCRETION IS BUILT IN FOR, UM, SUSPENSIONS OF TIMELINE, BUT THE, THE LANGUAGE WITH REGARD TO, UH, DENIALS IS, UM, UH, IT'S PRETTY MUCH ONE YEAR.
UM, IT DOESN'T LOOK LIKE THERE'S DISCRETION BUILT IN FOR THAT IN CHAPTER 10.
I WAS WONDERING, SO IF HE'S, IF, IF THE BOARD SIDES WITH THE APPLICANT, OBVIOUSLY HE GOES AND HE GETS HIS LICENSE, IF NOT, IF HE REAPPLY, HOW WOULD, HOW WOULD, WOULD A YEAR FROM NOW, UH, NOW KNOWING THAT SOME OF HIS, HIS CHARGES, SOME, SOME OF THESE ISSUES GOT DISMISSED AND THEN HE HAS, THAT SOUNDS LIKE A, AN ITEM FROM 2011.
WOULD THE OUTCOME BE DIFFERENT WHEN HIS APPLICATION COMES THROUGH A YEAR FROM NOW? IS THAT SOMETHING YOU CAN ANSWER? UH, THIS IS JEREMY.
UM, I KNOW AMIN TAMMA HAD A DROP OFF, UNFORTUNATELY AT THREE O'CLOCK.
UH, HE'S, HE'S OUR DEPUTY DIRECTOR.
UM, YOU KNOW, ONCE AGAIN, IF IT'S EXPUNGED, UM, YOU KNOW, THEY'RE REQUIRED TO PROVIDE THAT F B I BACKGROUND CHECK.
SO WE WOULD, YOU KNOW, JUST USE THE LATEST AND GREATEST F B I DIRECT GROUND CHECK.
UH, WE WOULDN'T, UH, GO BACK THROUGH OUR RECORDS AND FIND ANYTHING ELSE.
UH, BUT IF NOT, UH, THEN OF COURSE, YES, WE WOULD ALWAYS, UH, YOU KNOW, REASSESS, UH, LOOK AT THINGS.
UM, YOU KNOW, SOME OF THE THINGS, AS WE WERE KIND OF TALKING ABOUT THE, THE MAIN CONCERN WITH THIS, IT WAS SO FRESH, IT WAS SO RECENT, UM, YOU KNOW, 20, 20 19, HE HAD JUST GOTTEN OFF THE PROBATIONARY PERIOD, UH, WHICH WE UNDERSTAND, YOU KNOW, THERE'S, YOU KNOW, IT, IT'S HARD TO JUDGE SOMEBODY ON A PROBATIONARY PERIOD.
THEY'RE GONNA BE A LITTLE BIT MORE, UH, YOU KNOW, TO IN THE LINE AND STUFF LIKE THAT, UH, DURING THAT PERIOD.
SO, YOU KNOW, WE, THERE'S REALLY NOT A LOT OF TIME AWAY FROM THAT FOR US TO KIND OF JUDGE A YEAR FROM NOW THAT DOES JUDGE.
UH, BUT I, I COULDN'T SAY ONE WAY OR THE OTHER HOW WE WOULD, UH, MAKE THAT DECISION BASED OFF OF THAT APPLICATION, UH, ONE YEAR FROM NOW.
IN, IN GENERAL, AND I'M NOT SURE IF YOU CAN ANSWER THIS, IF SOMEONE, YOU FIND SOMETHING ON SOMEBODY'S BACKGROUND CHECK, IF THEY PROVIDE DOCUMENTS AND SAY, HEY, THIS IS ALL DISMISSED, BUT HOW DO YOU GUYS USUALLY HANDLE THAT SITUATION? UH, I WOULD'VE TO SAY NATURE WHAT IT IS.
I DUNNO IF I HAVE ANY GOOD, UM, CLEAR.
BUT YEAH, I MEAN, IF IT'S DISMISSED AND, YOU KNOW, I THINK, YOU KNOW, WE WOULD PROBABLY REACH OUT TO, UH, JOSEPH HARNEY AS WELL, UM, YOU KNOW, JUST TO MAKE SURE WE UNDERSTAND ALL THE LEGAL SIDES OF IT.
UH, BUT YOU KNOW, WE'RE NOT, WE TRY TO, WE, WE KINDA HAVE TO FALL INTO THAT, YOU KNOW, IF THERE'S ANOTHER COURT OR ANOTHER, UH, LEGAL BODY, OUR, UH, GOVERNING BODY THAT HAS DICTATED SOMETHING, WE, WE HAVE TO KINDA HONOR THAT.
SO IF THEY, YOU KNOW, ONE WAY OR THE OTHER, UH, WE WOULD LOOK AT THAT AND MEASURE THAT.
UH, AND, YOU KNOW, DEFINITELY REACH OUT TO OUR LEGAL ADVICE AS WELL.
UH, BUT THAT WOULD BE HEAVILY FACTORED IN.
UM, ARE THERE ANY OTHER QUESTIONS FOR, UH, MR. LOPEZ OR HIS ATTORNEY, HIS REPRESENTATION OR STAFF AT THIS TIME FROM THE BOARD? THIS IS KAREN CARPENTER.
I HAVE A QUICK, UH, QUESTION FOR STAFF.
WAS THE DENIAL BASED ON THE FAILURE TO DISCLOSE ON THE APPLICATION, OR WAS IT BASED ON THE CHARGES FROM 2019 THAT AT THE TIME YOU DID NOT KNOW HAD BEEN DISMISSED? THAT IS CORRECT.
UH, THE DOCUMENTATION WE HAD, EVERYTHING'S MOSTLY BASED OFF 2019.
EVERYTHING ELSE KIND OF COMPOUNDS OFF THAT JUST ADD DECISION.
UH, BUT THE INITIAL REVIEW OF THE F A OF, OF WANTING TO DETAIL THIS A LITTLE BIT MORE AND GET MORE INFORMATION, UH, WAS JUST ON THE, THE TYPE OF INFRACTION THAT WE SAW AND, UH, NOT HAVING THE INFORMATION SAYING IT WAS FULLY DISMISSED.
UH, REALLY ALL WE HAVE IS KINDA THE DOCUMENTATION SAYING THAT THE TIME PERIOD HAD BEEN SERVED, UH, WHICH KIND OF LOOKED MORE LIKE A, YOU, YOU KNOW, APPLICANT RECEIVED A PROBATIONARY PERIOD THAT HE, YOU KNOW, FULFILLED.
AND THAT WAS KIND OF WHAT WE WERE SEEING ON THE DOCUMENTATIONS.
WE HAVE, UH, THE 2018 OR THE, I'M SORRY, THE 2011 INCIDENT AND THE, THE INFORMATION PROVIDED ON HIS APPLICATION WERE JUST ADDITIONAL INFORMATION OR DOCUMENTS TO CONSIDER.
UH, REALLY THE, THE MAIN ITEM THAT WE LOOKED AT AND MADE OUR DECISION OFF OF WAS JUST THOSE, THOSE THREE I COUNT, UH, THREE ITEMS FROM 2019.
AND, AND, AND JUST FOR CLARIFICATION, SO NOW, SO NOW STAFF HAS BEEN MADE AWARE THAT THAT CASE, THAT 2019 CASE WAS DISMISSED.
CORRECT? THAT APPEARS CORRECT.
I HAVEN'T HAD A CHANCE TO FULLY REVIEW IT.
I UNFORTUNATELY RECEIVED THAT THIS AFTERNOON, BUT THAT DOES APPEAR TO BE WHAT HAS BEEN PRESENTED.
[01:10:01]
I GUESS MY CONCERN IS MORE, UH, SINCE I DON'T KNOW HOW IT WAS RECOVERED UNDER THE BACKGROUND CHECK AND EVERYTHING, BUT THE DOCUMENT THAT YOU DID FORWARD US TO US ABOUT THE, UM, UH, THE 20, THE 2011, AND I WAS READING THE TRANSCRIPT OF THE MAY 18TH, 2012 BY, UH, JUDGE BERRY, UH, ON WHAT THE, THE FELONY, UH, ACCUSATION WAS.UH, THAT'S ONLY, UH, NINE, 10 YEARS AGO FOR ON THAT.
SO WHY WOULD THAT NOT HAVE COME UP ON THE BACKGROUND CHECK? 'CAUSE IT'S A PRETTY SIGNIFICANT ISSUE.
UH, WE DID SEE IT, UH, YOU KNOW, AS I WAS SAYING IT, IF THAT WAS THE ONLY THING WE SAW, UM, I THINK WE PROBABLY WOULD'VE HAD AN INTERNAL DISCUSSION ON THAT AND, AND MAYBE DUBBED INTO THAT A LITTLE BIT MORE.
UM, AND IT DID MEET FALL UNDER THAT 10 YEAR MARK THAT WE HAVE FOR FELONIES, KIND OF OUR, ON OUR FLOW CHART, UH, THAT WE, YOU KNOW, WE ANALYZED WITH THE BOARD IN THE PAST.
UM, BUT REALLY WHAT WE WERE FOCUSING ON WAS JUST THE 2019, UH, REALLY THE ONLY INFORMATION WE HAD ON THE 2011 WAS, YOU KNOW, FRAUDULENT DOCUMENTATION.
UH, IT'S JUST A ONE-LINER INSIDE THE F B I BACKGROUND CHECK.
UH, WE, WE WERE MORE FOCUSED ON THE 2019 BECAUSE THAT WAS SO PREVALENT TO A REGISTRATION FOR CONSTRUCTION, AND THAT JUST WAS CLOSER TO WHAT WE'RE TRYING TO POLICE AND CONTROL, UM, AS THE REGISTRY, UH, IN BODY FOR THE CITY OF SAN ANTONIO.
ARE THERE ANY OTHER, UH, QUESTIONS AT THIS TIME? UM, IF THERE ARE NO OTHER QUESTIONS AT THIS TIME, THEN WE SHALL, UM, OH.
STAFF, IS THERE ANY PUBLIC COMMENT? DID ANYBODY SIGN UP TO SPEAK FOR ANY, MAKE ANY PUBLIC COMMENTS OR CALL IN OR ANYTHING OF THAT NATURE? THIS IS GERMAN MCDONALD DEVELOPMENT SERVICES.
IF THAT'S THE CASE, THEN LET'S GO AHEAD AND, UH, CLOSE THE, JUST THE I DO OF THE CASE.
I'M, I, I APOLOGIZE, MR. GARCIA.
I I DO HAVE ONE THING, UM, UH, I CAN STILL, UH, SUBMIT TO YOU GUYS THROUGH MY ATTORNEY.
UM, HOWEVER MANY CLIENTS YOU GUYS WOULD LIKE TO HEAR THAT I'VE PERFORMED, UH, WORK ON THEIR HOUSES OR THEIR SWIMMING POOLS AND THE DURATION OF WHILE I HAD MY LICENSE, UH, MANY YEARS AGO, IF I CAN STILL FIND THEM.
AND, UM, UH, THE ONES THAT I'VE BEEN WORKING ON RECENTLY THAT REQUIRE NO PERMITTING WHATSOEVER TO CONDUCT WORK.
UM, BUT I CAN GIVE YOU CHARACTER REFERENCE LETTERS FROM THEM AND SO THAT IT CAN DISPLAY THAT TYPE OF LOYALTY, INTEGRITY AND, UH, JOB PERFORMANCE IF IT, IF IT HELPS THE BOARD AND, AND MAKING A DECISION.
ARE THERE ANY BOARD, UH, COMMENTS REGARDING THAT STATEMENT REGARDING SUBMITTING THE ITEMS? SINCE I WAS THE ONE JUST JACK UP MORE THAT ASKED FOR IT PREVIOUSLY? I, I WOULD JUST SAY, UH, THANK YOU FOR, FOR THAT, UH, FORTHCOMING.
I DON'T THINK IT'S NECESSARY AT THIS POINT, BUT, AND ALSO I WANNA SAY THAT ONE BAD REVIEW, UH, TO ME DOESN'T, DOESN'T UH, MEAN THAT YOU'RE, YOU, YOU KNOW, THE ONLY BAD REVIEW YOU NORMALLY SEE ON A WEBSITE IS GENERALLY SOMEBODY THAT IS, UH, UNHAPPY FOR WHATEVER REASON.
BUT, UH, I, I WON'T USE THAT AS A, AS A SOLE BASIS FOR MY DECISION.
SO, UH, BUT THANK YOU FOR OFFERING THOSE.
LIKE I TELL MY CLIENTS, YOU KNOW, DON'T JUDGE ME BY MY ONE BAD REVIEW.
UH, JUDGE ME BY HOW MANY YEARS I'VE BEEN IN BUSINESS AND I ONLY HAVE ONE BAD REVIEW.
IF THERE'S NO OTHER, UH, QUESTIONS OR COMMENTS FOR MR. LOPEZ, HIS REPRESENTATION OR STAFF, THEN AT THIS POINT I'M THINKING WE, WE CLOSE THE DISCUSSION PORTION IMMEDIATELY.
UH, DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS, UH, THAT THEY'D LIKE TO BRING UP WITH THEIR FORMER, FORMER, WITH THEIR FELLOW BOARD MEMBERS? OR, UH, IF NOT, WE CAN ALSO GO INTO, UH, BEGIN LOOKING AT MOTIONS, EITHER IN FAVOR OF THE APPLICANT
[01:15:01]
OR IN AGREEMENT WITH THE CITY'S DECISION.AND MR. CHAIR, THIS IS, THIS IS MIKE RU I'LL, I'LL, I'LL START REAL FAST.
UM, YOU KNOW, I, I'LL JUST BOTTOM LINE UP FRONT.
YOU KNOW, I, I PLAN I, UNLESS SOMEBODY MAKES A MOTION BEFORE ME, I'M GONNA MOVE THAT WE APPROVE THE APPEAL AND, AND DIRECT STAFF TO ISSUE THE, THE PERMIT, UH, THE, THE REGISTRATION PERMIT, WHATEVER THAT WOULD, WOULD BE TECHNICALLY CALLED.
UM, LOOKING AT THAT, YOU KNOW, THE 2019 CHARGES THAT JEREMY HAS SAID REALLY DROVE THE TRAIN ON, ON THE DENIAL.
UM, IF I'M LOOKING AT THAT PAPER FROM THE COURT THAT HE HAD THAT CALLED IT ADMINISTRATIVE DISMISSAL, YOU KNOW, IT'S NOT A CONVICTION, IT'S NOT A GUILTY PLEA, AND IT'S NOT A NO, A CONT CONTRE.
UM, I PROBABLY WOULDN'T HAVE CHECKED THE BOX DIFFERENTLY THAN HE DID BECAUSE MY, YOU KNOW, I READ BACKGROUND CHECKS ALL THE TIME AS PART OF MY BUSINESS, UH, WHETHER IT BE FOR, UH, YOU KNOW, PEOPLE APPLYING TO A RENT AN APARTMENT OR CONTRACTORS THAT WE, THAT WE DO OUR OWN BACKGROUND CHECKS ON.
UM, AND YOU KNOW, TO ME THAT HE, HE WASN'T GUILTY.
YOU KNOW, THEY, THEY HAVE PRETRIAL DIVERSIONS FOR A REASON.
UM, AND THAT, THAT'S, TO ME, IT SEEMS LIKE, UM, HE WAS CORRECT IN THAT.
SO I DON'T SEE THAT HE ANSWERED IT.
UM, DISHONESTLY AS PERTAINS TO THE 2019, NOW, THE 20, 20 11, 20 12 IS A DIFFERENT ISSUE.
UM, TO ME, THAT LEADS TO THE OTHER VERY PERTINENT FACT, WHICH IS THAT THE GUY DID BUSINESS IN SAN ANTONIO FOR WHAT, SOME 10 YEARS AND, UM, NOT A SINGLE COMPLAINT TO THE CITY.
AND WHAT, YOU KNOW, IF YOU, IF YOU HAD, UM, DISHONESTY ISSUES AND WAS MAKING OFF WITH PEOPLE'S MONEY AND NOT FINISHING JOBS, WE ALL KNOW VERY WELL THAT, THAT THERE WOULD BE COMPLAINTS WITH THE CITY, UM, IF THAT WAS THE CASE.
UM, SO, YOU KNOW, FROM WHERE I'M SITTING, YOU KNOW, THE GUY DESERVES TO BE ABLE TO MAKE HIS LIVING.
UM, YOU KNOW, AND, AND, YOU KNOW, I'LL, I WON'T PREEMPT ANYBODY ELSE'S COMMENTS, BUT I, I, YOU KNOW, I, I'M LEANING TOWARD MAKING THAT THE MOTION TO APPEAL THE APPROVE THE APPEAL.
ARE THERE ANY OTHER, UH, ADDITIONAL BOARD COMMENTS? I MOTION GO AHEAD.
I DID, JUST AS KIND OF A FOLLOW UP TO WHAT MIKE JUST SAID, IT, JUST A QUESTION TO JEREMY.
IF YOU HAD KNOWN THAT THOSE, UH, CHARGES FROM 2019 HAD BEEN DISMISSED, WOULD, WOULD YOU, WOULD THAT HAVE SMOOTHED THINGS, YOU KNOW, FOR APPROVAL OF HIS APPLICATION? UH, THIS IS JEREMY MCDONALD.
UM, ULTIMATELY THE DECISION GOES TO AM MEAN TAM MASU.
UNFORTUNATELY, HE HAD TO STEP OFF, SO I CAN'T SPEAK TO THAT, UH, DIRECTLY, MR. LOPEZ, THIS IS, UH, LIDDEL TOY, UH, SPEAKING.
MY WIFE GIVES ME BAD REVIEWS ALL THE TIME, AND I DON'T EVEN LISTEN, SO DON'T WORRY ABOUT IT.
WE UNDERSTAND THAT LIDELL,
DO WE HAVE ANY OTHER, UH, BOARD QUESTIONS OR COMMENTS? IT SOUNDED LIKE A COUPLE OF PEOPLE MIGHT HAVE WANTED TO CHIME IN THERE.
NO, BUT IF WE DON'T, I'LL DO THE SECOND.
SO CURRENTLY WE HAVE A MOTION FROM, I BELIEVE IT WAS MIKE, MIKE RUSH, APPROVE THE APPEAL.
AND A SECOND FROM BRIAN SMITH.
I DON'T GET TO SEE EVERYBODY ON THE CONVERS.
THIS, THIS RON KAUS, JUST AS A, UH, AS A POINT OF ORDER, UH, MIKE SAID HE WAS LEANING TOWARDS MAKING A MOTION.
SO MIKE, ARE YOU WILLING TO DO SO? YEAH, I JUST DIDN'T WANT TO CUT OFF CONVERSATION, BUT YEAH, I MEAN, IF WE'RE READY TO THAT POINT, I, I, I MOVE TO APPROVE, UH, THE APPEAL AND, AND DIRECT STAFF TO ISSUE THE, THE CONTRACTOR'S LICENSE.
BRIAN SMITH, I SECOND WE HAVE THE MOTION, AND THE SECOND WE CAN, WE CAN STILL HAVE DISCUSSION IF ANYBODY HAS ANY COMMENTS THEY WOULD LIKE TO ADD.
DOES ANYBODY HAVE ANY COMMENTS OR, OR ADDITIONAL QUESTIONS AT THIS TIME? MY QUESTION, THIS JACK UP, OR WAS, WAS THAT IN THE FORM OF A MOTION? THE FIRST TIME THAT MIKE IS, UH, BUT I'M GOOD.
SO IT SOUNDS LIKE WE'RE, WE'RE GOOD ON COMMENTS.
IF THAT'S THE CASE, THEN IF STAFF CAN CONDUCT THE ROLL CALL VOTE.
CHRISTOPHER GARCIA? UM, I'LL VOTE YES.
[01:20:02]
MOTION PASSES WITH A VOTE OF 12, 12 TO ONE.
THAT'S, UH, AGENDA ITEM NUMBER ONE.
YEAH, THESE, THESE CASES ARE ALWAYS KIND OF TRICKY BECAUSE WE HAVE TO TRYING TO PROTECT THE, THE WELFARE OF THE PUBLIC, BUT ALSO, UM, SOMETIMES PEOPLE MAKE A MISTAKES AND THEN THEY, THEY DO WHAT THEY HAVE TO DO TO MAKE AMENDS FOR THAT.
AND THEN IT SOUNDS LIKE THAT'S THE CASE HERE.
PLUS THE ITEMS BEFORE US WERE THE, THE MAIN CAUSES WERE, UH, DISMISSED.
SO I THINK THAT'S WHAT, WHAT MADE THIS VOTE POSSIBLE.
UH, SO THAT'S IT FOR AGENDA ITEM NUMBER ONE.
NEXT WE HAVE THAT LOOKS LIKE IT.
UH, JEREMY, DO WE HAVE ANY OTHER STAFF? THERE WE GO.
[Additional Item]
ANNOUNCEMENTS.THIS IS JEREMY MCDONALD DEVELOPMENT SURFACE.
UH, ALL WE HAVE IS SOME STAFF ANNOUNCEMENTS, UH, TO MAKE.
UM, SO ANOTHER, THE QUESTION THAT WAS BROUGHT UP BEFORE THE BOARD MEETING AND A FEW ALL REACHED OUT TO ME ABOUT, UM, IN-PERSON BOARD MEETINGS TO RESUME IN AUGUST.
UH, SO RIGHT NOW WE DON'T HAVE ANYTHING FORMALLY SCHEDULED, UH, BUT WE WILL BE MOVING TO IN-PERSON.
UH, WE WILL BE LOOKING AT A HYBRID OPTION, BUT WE WOULD NEED TO HAVE THE MINIMUM OF NINE IN, IN, IN-PERSON FOR PRESENT, FOR QUORUM PURPOSES.
UM, AND THEN ALSO WE, WE'VE BEEN, BEEN NOTIFIED THAT, UH, THE OFFICIAL END TO OPEN MEETINGS, UH, BEING VIA WEBEX BY THE STATE, UH, MANDATE IS GONNA END ON AUGUST 31ST AND SEPTEMBER 1ST.
WE'D HAVE TO MOVE TO THAT ANYWAYS, BUT, UH, THE CITY IS SET UP AND EVERYTHING'S LOOKING GOOD TO MOVE FORWARD WITH THOSE IN-PERSON MEETINGS.
SO THE NEXT ONE, UNLESS WE GET SOMETHING COMING IN, UH, THE NEXT COUPLE OF DAYS FOR THE LATE JULY, UH, OUR NEXT APPEAL OR BOARD MEETING WILL BE, UM, IN, IN PERSON AND I'LL GET MORE INFORMATION OUT TO EVERYBODY AND WHAT, WHAT IT MEANS TO BE KIND OF A HYBRID IF WE ARE ABLE TO DO THAT, UH, MOVING FORWARD AS WELL.
BUT I DON'T HAVE ANY MORE DETAILS OF, OF THAT AT THIS TIME.
UH, ONCE AGAIN, A REMINDER TO EVERYBODY, UH, TO SUBMIT THEIR, UH, APPLICATIONS IF YOU'RE LOOKING TO BE REAPPOINTED, UM, OR IF YOU'RE NOT, YOU KNOW, UM, I HAVE RECEIVED MANY, UM, I HAVEN'T HAD A CHANCE TO SIT DOWN AND GO THROUGH ALL THE ONES THAT CITY CLERK'S OFFICE HAS SUBMITTED TO ME TO HAS VERIFIED.
UH, BUT I WILL TRY TO GET YOU AN EMAIL OUT SOMEBODY THIS WEEK.
UH, IF YOU HAVE SUBMITTED IT AND THE CITY CLERK'S OFFICE HAS VERIFIED IT THAT WAY, YOU CAN CHECK THAT OFF.
AND I'LL BE REACHING OUT TO THE, UH, ORGANIZATIONS THAT PROVIDE THE RECOMMENDATION LETTERS AND RECEIVING THOSE AS WELL.
SO, UH, I DON'T HAVE A DATE ON WHEN I WILL BE ON THE CITY COUNCIL OR ON THE CITY COUNCIL'S AGENDA FOR THIS.
UH, BUT THE MORE APPLICATIONS WE HAVE, THE MORE THAT THIS KIND OF SCREENS TO THEM, HEY, WE NEED YOU ON THE AGENDA.
WE NEED TO FIND A TIME TO DO THIS.
OUR GOAL IS TO KINDA HAVE THAT ON THE BOOKS AND COMPLETED BEFORE WE REALLY START THE PROCESS OF ADOPTING THE, UH, 2021 CODE.
UH, SO THE, UH, SCHEDULE TIMES FOR THE BOARD MEMBERS TO PICK UP THE BOOKS.
SO, YOU KNOW, AS I WAS KIND OF SAYING, YOU KNOW, THE GOAL IS TO HAVE THOSE APPLICATIONS IN, UH, WHEN I SEND THAT CONFIRMATION EMAIL OUT THAT WE RECEIVED IT AND EVERYTHING LOOKS GOOD FROM THE CITY CLERK OFFICE ALSO REACHED OUT, UH, AND TALK TO YOU ABOUT TRYING TO FIND A TIME FOR YOUR AUTO SWING BY AND GRAB SOME STUFF, EVERYBODY TO GET A COPY OF THE 2021 CODE BOOKS.
SO WE DO HAVE THOSE READY TO GO.
AND, UH, ONCE THE APPLICATION'S RECEIVED, WE'LL GET THAT OVER TO YOU'ALL AS WELL.
UH, FINALLY, UH, JUST KIND OF A QUICK UPDATE.
YOU KNOW, NOTHING'S REALLY CHANGED SINCE LAST TIME WE TALKED ABOUT UPDATING THE, UH, 2021 I CODES AND THE 2020 N E C STAFF IS CURRENTLY REVIEWING THOSE CODES FOR SIGNIFICANT CHANGES AND, UH, REVIEWING THEM AGAINST OUR CURRENT ADOPTED CODES AMENDMENTS.
UH, WE ARE HOPEFULLY GONNA WRAP THAT UP HERE SHORTLY.
THE GOAL IS TO START MOVING THAT INTO IN-PERSON MEETINGS ON THE COMMITTEES I SENT OUT TO EVERYBODY, THE, UH, COMMITTEE MEMBERS.
UH, IF Y'ALL HAVE ANY QUESTIONS OR ANYBODY WANTS TO BE MOVED TO A COMMITTEE, UH, PLEASE LET ME KNOW.
UH, BUT WE'RE HOPING TO HAVE THOSE STARTING IN THE FALL WITH, UH, TRYING TO CONCLUDE EVERYTHING, UH, TOWARDS THE END OF THE YEAR SO WE CAN GET TO THE AGENDA FOR CITY COUNCIL AND HAVE THESE CODES ADOPTED EARLY NEXT YEAR.
[01:25:01]
JEREMY, DID YOU SAY THAT THE, THE STATE WAS GOING TO END THE, THE ALLOWING OF THE, THE WEBEX TO COUNT FOR, FOR ATTENDANCE? THAT IS CORRECT.THAT THAT ENDS, UH, TECHNICALLY OCTOBER 31ST, UH, OR I'M SORRY, AUGUST 31ST, SEPTEMBER 1ST AT LIKE MIDNIGHT OR 1201 OR SOMETHING LIKE THAT.
SO, UH, ANY MEETING AFTER SEPTEMBER OR STARTING SEPTEMBER 1ST IS REQUIRED TO BE IN PERSON.
UH, THAT'S WHERE I'M NOT 100% SURE ON THE, UH, HYBRID.
I DO KNOW THE HYBRID REQUIRES TO HAVE A QUORUM HERE, BUT, YOU KNOW, IF A MEMBER WANTS TO BE PART OF THAT, I DON'T KNOW IF THEY CAN BE A VOTING MEMBER OR IF THEY CAN JUST BE, UH, THERE TO DISCUSS.
THOSE ARE THE DETAILS I DON'T HAVE.
BUT, UH, SUBSTANTIALLY WE'LL NEED TO HAVE NINE MEMBERS HERE, UH, AT THE OFFICE IN OUR BOARDROOM TO HOLD ANY MEETINGS, UH, MOVING FORWARD AFTER OKAY.
BUT WE'RE GONNA BE MOVING TOWARDS THAT ON AUGUST 1ST INSTEAD OF SEPTEMBER 1ST.
I, SPEAKING FROM EXPERIENCE WITH OTHER BOARDS, IT'D BE NICE, UH, TO BE ABLE TO ALLOW PEOPLE TO, TO STREAM IN, IF YOU WILL.
UH, SOMETIMES YOU NEED TO, TO ALLOW SOMEONE TO DO THAT, JUST TO MAINTAIN QUORUM, SO, OKAY.
AND I CAN, I'LL RESEARCH THAT.
TRY TO GET A LITTLE BIT MORE INFORMATION.
UH, A LOT OF THIS IS STUFF I FOUND OUT THIS MORNING.
I, I THINK WE HAVE ENOUGH MEMBERS.
I I THINK WE'RE GONNA HAVE QUORUM IN PERSON.
I THINK WE'RE READY TO GET BACK.
SO, UM, THAT, THAT HYBRID IS GONNA BE REALLY DIFFICULT.
JEREMY, I MEAN, YOU CAN LOOK AT IT, BUT I, I OTHER BOARDS AND STUFF DOING, UM, I, I THINK EVERYBODY'S READY TO GET BACK IN PERSON.
AND LUCKILY A LOT OF THE OTHER BOARDS HAVE THOSE STANDING MEETINGS AND THEY'RE, THEY'RE, THEY'RE GOING THROUGH THE HYBRID STUFF.
THEY'LL, THEY'LL GET ALL THAT FIGURED OUT.
I'LL, I'LL LEARN FROM THEIR MISTAKES AND IF WE DO GO THAT ROUTE AT ALL, OUR BOARD WILL HOPEFULLY BE MOVING SMOOTHLY.
WE'VE DONE IT ALL IN PERSON AND IT SOUNDS SMOOTH, SO SMOOTH.
WE ARE EXCITED TO HAVE EVERYBODY BACK IN THE BUILDING.
UH, JEREMY, ARE THERE ANY OTHER STAFF ANNOUNCEMENTS? NO, SIR.
THAT CONCLUDES STAFF ANNOUNCEMENTS.
UH, ANY OTHER BOARD COMMENTS? IF THERE ARE NO OTHER BOARD COMMENTS, THEN IT IS 3 29 AND WE ARE ADJOURNED.