* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT. GOOD MORNING. UH, ALL RIGHT. THE TIME IS 9 34 ON MAY THE 31ST. MY NAME'S MICHAEL RUST. I'M THE CO-CHAIR OF THE BUILDING RELATED AND FIRE CODES APPEALS AND ADVISORY BOARD FOR THE CITY OF SAN ANTONIO. HEREBY CALL THIS MEETING INTO SESSION. UH, CAN WE START BY HAVING OUR INTERPRETERS READ THE INTERPRETATION SERVICES AVAILABLE FOR THE MEETING? GOOD MORNING. THANK YOU. OKAY. WE ARE WAITING ON ONE MEMBER TO GET STARTED ON THE, ON THE MEAT OF THE MEETING, BUT WE CAN GO AHEAD AND, UH, TAKE ROLL CALL AND, AND WE HAVE A QUORUM, UH, PRESENT SO WE CAN, UH, AT LEAST GET SOME OF THE ADMINISTRATIVE STUFF DONE. JEREMY. THANK YOU. CHAIR LEWIS OLIS. PRESENT. JEFF BYER. SCOTT BERGER. PRESENT. RON ECKES. JOHN MARTIN. GREG MCFARLAND. PRESENT. ADRIAN CONEZ. MAX HOSFORD. SPENCER ROSO. GEORGE SALIBA. PRESENT. GARY KUNZ. PRESENT. EDWARD DELTORO. PRESENT. ROBERT HANLEY. PRESENT. ROBERT JONES. LONG COLBERTSON MARK BEAMUS. PRESENT? MICHAEL J RUST? HERE. MARK ROSS. PRESENT. BRIAN SMITH. JOE LEOS, WILLIAM BURRIS. KAREN CARPENTER. HERE. JACK UP MORE. AND FRANK SATTERLEY. WE HAVE NINE TO MEET QUORUM. SO WE DO, WE DO HAVE A QUORUM, CORRECT? WE DO HAVE QUORUM. OKAY. AND SO FOR THE RE FOR, JUST SO EVERYBODY KNOWS, WE'RE WAITING FOR BRIAN SMITH, WHO'S OUR BUILDING CONTRACTOR ON THE BOARD, AND WE'D LIKE TO HIM FOR HIM TO BE PRESENT WHEN WE HEAR THE TWO APPEALS. UM, BUT WE'RE GONNA GO AHEAD AND, UM, GET STARTED ON THE AGENDA, SO, UH, WE CAN AT LEAST MAKE SOME PROGRESS. UM, QUICK REMINDER, IF YOU'RE GONNA SPEAK, PLEASE MAKE SURE THAT YOUR MICROPHONE IS TURNED ON AND YOU SAY YOUR NAME, UM, BEFORE UH, YOU START TALKING EVEN, EVEN THOUGH WE KNOW WHO YOU ARE UP HERE AND RECOGNIZE YOUR VOICE. JUST FOR THE, UM, PURPOSES OF THE MINUTES AND THE RECORDING, THE STREAMING PEOPLE BACK, BACK HOME, EVERYBODY THAT'S, THAT'S TUNED IN FOR US. UM, OKAY. SO HAS EVERYONE HAD A CHANCE TO REVIEW THE MEETING MINUTES, UH, THE FULL BOARD MEETING ON MARCH 15TH, 2023? IF EVERYBODY HAS HAD A CHANCE TO REVIEW IT? CAN I HAVE A MOTION? UH, AND A SECOND? I WOULD ACCEPT THE MOTION TO, TO APPROVE THE MINUTES. THIS IS ROBERT HENLEY. I MOVE, WE ACCEPT THE, THE MEETING MINUTES UNLESS ANYBODY HAS ANY CORRECTIONS OR MODIFICATIONS. THANKS, ROBERT. OKAY, A SECOND. EDWARD, IF YOU WANT TO, OKAY. YEAH. UM, EDWARD DELTORO LET ME KNOW THAT CURRENTLY WE HAVE HIM AS ABSENT, BUT HE WAS TECHNICALLY PRESENT FOR THAT. SO I'LL AMEND THE MINUTES ACCORDINGLY. WELL, LET, LET ME GET A SECOND ON THAT AND THEN WE CAN AMEND IT AND THEN, AND THEN GO THROUGH IT. WELL, I THINK THAT MOTION NEEDS TO BE AMENDED TO ACCOUNT FOR THAT SINCE WE DO HAVE A ITEM. OKAY. SO WOULD YOU LIKE TO CHANGE YOUR MOTION TO ACCEPT THE MINUTES AS AMENDED? YES. I MOVE THE, AS I STATED IN MY INITIAL MOTION, , I MOVE APPROVAL OF THE MEETING MINUTES UNLESS ANYBODY HAS ANY MODIFICATIONS OR CHANGES. AND I'LL KEEP THAT ONE . ALRIGHT, THANK YOU ROBERT. CAN I GET A SECOND ON THAT PLEASE? SOMEBODY. GREG MCFARLAND. I'LL SECOND. THANK YOU. THANK YOU, GREG. ALRIGHT, SO WE HAVE A MOTION TO APPROVE THE MINUTES, UH, PENDING ANY, UH, AMENDMENTS. THERE'S ONE AMENDMENT THAT SOMEBODY WAS, UH, RE RE REMIND ME WHO WAS PRESENT THAT IS MARKED AS ABSENT. EDWARD DEL TORO. OKAY, SO WITH THE, WITH THE AMENDMENT THAT EDWARD DEL TORO WAS, WAS PRESENT, NOT ABSENT. ARE THERE ANY OTHER COMMENTS ON THIS? OKAY. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? SAY NO. ANY ABSTENTIONS MOTIONS ARE APPROVED OR THE, THE MINUTES ARE APPROVED. AND BRIAN, UH, FOR THE RECORD, JUST WALKED IN. BRIAN SMITH IS NOW PRESENT. WE HAVE 10 AND WE HAVE OUR BUILDING CONTRACTOR, SO WE'RE PERFECT TIMING. WE'RE GONNA SLIDE RIGHT INTO THE APPEALS ACCIDENT ON, YEAH, NO, I'M NOT TRYING TO CALL YOU OUT. THAT'S . UM, ALL RIGHT. SO ITEM NUMBER. HE'S GRATEFUL 'CAUSE HE'S NEXT TO THE WATER. . I AM. OKAY, JENNA. ITEM NUMBER TWO, DENIAL OF HOME CONTRACTOR REGISTRATION. LICENSE FOR MR. HECTOR HERNANDEZ WITH HERNANDEZ REMODELING CONSTRUCTION. JEREMY, [00:05:02] AND JUST AS A REMINDER, THE WAY THIS WILL GO IS STAFF WILL PRESENT, WILL ASK QUESTIONS, THE STAFF, THE CONTRACTOR, UH, THE APPELLANT WILL, UM, PRESENT. WE'LL ASK QUESTIONS TO THE APPELLANT AND THEN IF THERE'S ANY REBUTTALS, UH, AND THEN WE'LL GO INTO, UH, OUR DE UH, DELIBERATIONS. THANK YOU CHAIR. JEREMY MCDONALD, DEVELOPMENT SERVICES DEPARTMENT, CITY OF SAN ANTONIO. AGENDA ITEM NUMBER TWO IS AN APPEAL RECEIVED BY DEVELOPMENT SERVICES STAFF FOR A DENIAL OF HOME BUILDER CONTRACTOR. REGISTRATION FOR LICENSE HOLDER, MR. HECTOR L HERNANDEZ WITH HERNANDEZ REMODELING AND CONSTRUCTION. HE WAS DENIED IN ACCORDANCE WITH PROVISIONS OUTLINED IN SECTION 10 DASH ONE 15 C THREE OF THE CITY CODE. SO I'LL GIVE YOU A LITTLE BIT OF BRIEF HISTORY OF, OF KIND OF THE SECTIONS WE'RE LOOKING AT. UH, SECTION 10 DASH 15 K IS THE APPLICATION PROCESS. DURING THAT APPLICATION PROCESS, THERE'S, UM, ONE OF THE REQUIREMENTS IS THAT A BACKGROUND CHECK BE SUBMITTED. WE REVIEW THAT SUBMITTAL AND BASED ON THAT SUBMITTAL UNDER THREE DASH C, THE BUILDING OFFICIAL IS SATISFIED WITH THE PERSON'S HONESTY, INTEGRITY, AND TRUST TRUSTWORTHINESS BASED ON INFORMATION SUPPLIED AND DISCOVERED IN CONNECTION WITH THE APPLICATION. SO IN ORDER TO BE APPROVED UNDER THREE C, WE WOULD HAVE TO HAVE THAT. SO IT WAS DENIED BASED ON NOT HAVING TRUSTWORTHINESS OF THE APPLICANT, THE APPLICATION, UH, FROM MR. HERNANDEZ THAT WAS RECEIVED. SO EVERY TIME WE GO THROUGH ONE OF THESE, I ALWAYS LIKE TO BRING THIS BACK UP. THIS IS THE FLOW CHART THAT WE WORKED WITH THE BOARD, UH, TO DEVELOP WHEN WE'RE CONSIDERING APPLICATIONS, UH, WHEN THEN WE SHOULD ALLOW IT, IF THERE'S, UM, INFORMATION ON THE BACKGROUND CHECK AND WHEN WE SHOULD, UH, ESCALATE IT UP AND ASK FOR ADDITIONAL INFORMATION OR HAVE, UM, STAFF MOVE IT TO THE EXECUTIVE LEVEL LEVEL FOR CONSIDERATION FOR DENIAL. UH, ONE OF THOSE, UH, IN THE TOP RIGHT CORNER THERE IS, UH, ANY FELONY CAN BE INCLUDED, BUT IS NOT LIMITED TO MURDER. UH, ATTEMPTED MURDER. TH UH, THREE THIRD W W I, AGGRAVATED ASSAULT AND ET CETERA. SO THE INFORMATION THAT WE RECEIVED, UM, FROM THE APPLICANT, THIS IS THE ONLY STUFF THAT WE SAW IN THE BACKGROUND CHECK. IT WAS ALL FAIRLY RECENT, UH, WAS INTOXICATION, UM, DRIVING WHILE INTOXICATED ON FEBRUARY 27TH, 2022, JULY 18TH, 2022, AND MOST RECENTLY A APRIL 3RD, 2023. UH, A LITTLE BIT OF HISTORY ON MR. HERNANDEZ WITH THE CITY OF SAN ANTONIO. HE WAS A REGISTERED HOME BUILDER FROM 2013 TO 2019. DURING THAT TIME OVER THE SIX YEARS, UH, HE DID HAVE, UH, WHAT WE CAN FIND IN OUR RECORDS, FIVE, UH, PERMITS THAT WERE PULLED A REMODEL PERMIT WITH PENDING INSPECTIONS, UH, REMODEL PERMIT, UH, WITH ADDITION PENDING INSPECTIONS FROM 2008 THAT ACTUALLY HAD A REQUESTED CANCELED FOR PERMIT, UH, NEW SINGLE FAMILY HOME THAT WAS COMPLETED OUT. A REROOF, WHICH REALLY DOESN'T HAVE A WHOLE LOT OF FOLLOW UP ON THAT, THAT'S MORE OF A PULL THE PERMIT AND WE GO OUT AND CHECK THE ROOF. UM, AND THEN A FENCE. SAME, SIMILAR, UH, APPLICATION REQUIREMENT. UH, NOTHING WAS USED IN DENIAL OF THIS. I JUST WANTED TO GIVE Y'ALL SOME HISTORY OF WHAT WE HAVE IN OUR RECORDS OF, OF FORMER APPLICATIONS OR REGISTRATIONS WITH MR. HERNANDEZ. UH, HE DID NOT RENEW IT, THE 2019. SO THIS IS KIND OF A RENEWAL, BUT TECHNICALLY WOULD KIND OF BE A NEW APPLICATION 'CAUSE IT HAD BEEN FOUR YEARS. SO THE STAFF DECISION WITH THE TOTAL OF THE THREE DRIVING, UH, WHILE INTO SECURITY CHARGES WITHIN THE PAST 18 MONTHS, UH, D S D STAFF HAS CONCERNS WITH APPLICANT'S TRUSTWORTHINESS, INTEGRITY, UH, MOSTLY INHERENTLY WITH THE, THE ISSUES THAT COME WITH THE DWIS. UM, HEAVY FEES, POTENTIAL OF LOSS OF BEING ABLE TO DRIVE, THINGS LIKE THAT, THAT WE'RE WORRIED ABOUT. ANY CONTRACTS THAT THEY MIGHT OPEN WITH A HOMEOWNER THAT COULD CAUSE ISSUES WHERE HE HAS TO MAKE A DECISION FINANCIALLY, WHAT TO DO WITH ANY DEPOSITS GIVEN, BE ABLE TO COMPLETE THE WORK. UH, THINGS SUCH AS THAT ARE BEING ABLE TO BE DEPENDABLE WITH A, WITH A DRIVER'S LICENSE. SO AS WE'VE DISCUSSED WITH THE FLOWCHART, THE THREE WIS IS KIND OF SOMETHING WE'VE TRIGGERED AS A DENIAL REQUEST, AND THAT WAS THE BASIS FOR OUR DECISION. THAT CONCLUDES STAFF'S PRESENTATION. THIS WAS THE, UH, LETTER THAT WAS SENT OUT BASED OFF OF THAT ISSUED, UH, APRIL 25TH. THANKS JEREMY. ANY QUESTIONS FOR JEREMY OR STAFF? SO IS THE A GO, GO BACK TO, CAN YOU SAY YOUR, CAN YOU START WITH YOUR NAME? MARK. MARK ROSS. CAN YOU GO BACK TO THE, THE, THE THREE LISTINGS? SO APRIL 3RD, 2023, THAT IS AN ARREST OR A CONVICTION? THAT IS AN ARREST. ALL THREE SHOWED TO BE ARREST. I THE BACKGROUND CHECK THIS. ARE THESE ARE THESE, IN OTHER WORDS, IF YOU'RE ARRESTED FOR SOMETHING AND THERE IS NO CONVICTION, WHY IS IT EVEN IN EVERY OTHER ASPECT, THE ONLY THING THAT COUNTS ARE CONVICTIONS. AND SO, YOU KNOW, HAVING, BEING ARRESTED FOR SOMETHING DOESN'T MEAN YOU'RE GUILTY. SO DO YOU KNOW IF, IF THESE THREE ITEMS HERE, THEY, HE WAS FOUND GUILTY OR WAS IT THE, THE BACKGROUND CHECK DOES NOT [00:10:01] INDICATE THAT ONE WAY OR THE OTHER? UH, IT DOES NOT HAVE A FOLLOW-UP. AND USUALLY, YOU KNOW, SOMETIMES IT DOES SHOW THE, THE COURT CASES AND, AND FINAL DECISIONS WITH ANY TYPE OF, UM, FINES OR, OR PROBATION OR OR SENTENCES ASSOCIATED WITH THAT. WE DON'T HAVE THAT ON THE BACKGROUND CHECK. IT ALL MIGHT BE STILL SO NEW THAT IT'S STILL PENDING. UH, BUT THAT WAS CORRECT THAT NONE OF THAT WAS CONVICTIONS AT THIS POINT. IT'S JUST A HISTORY, UH, THAT WE HAVE CONCERNS WITH. AND THEN WHAT THOSE CONVICTIONS ULTIMATELY LEAD TO WITH THE FELONY POTENTIAL OF THE THIRD D W I, YES, SIR. WAS THE REASON, YOU KNOW, WITH HOMEOWNERS AND REBUILDING AND CONTRACTS, WE UNDERSTAND THAT'S A VERY LONG PROCESS. SOMEBODY COULD TAKE OUT A, A CONTRACT TO WORK ON SOMETHING, YOU KNOW, STARTING ONE MONTH, BUT IT COULD BE, YOU KNOW, 12 TO 18 MONTHS AFTER THAT AND NO TELLING WHAT'S GONNA HAPPEN IN THAT TIME PERIOD AS WELL. YES. BRIAN, I THINK YOU HAD SOMETHING. YEAH, I'M BRIAN SMITH. UH, TWO THINGS. CAN I SEE THE FLOW CHART AGAIN AND THE CRITERIA, UM, THAT TOP RIGHT HAND BOX, IS THAT A NEW ONE, DISQUALIFYING FELONIES OR IS THAT SOMETHING WE NO, THAT WAS ALWAYS PART OF THAT. IT HAS BEEN, YES. OKAY. OKAY. BUT, BUT YOU DON'T KNOW FROM WHAT THE INFORMATION YOU'RE MARK ROSS, YOU DON'T KNOW FROM THE INFORMATION YOU'RE PROVIDING WHETHER THOSE ARE FELONIES MIS IN OTHER WORDS, IF IT'S THREE MISDEMEANOR DWIS, IT WOULDN'T BE COVERED UNDER THIS BOX, CORRECT? THAT WOULD BE CORRECT. UH, SO, SO HOW WERE YOU ASKED IN, SO, AND YOU DON'T HAVE THE INFORMATION TO SAY EITHER WAY, NOR WERE WE GIVEN THAT INFORMATION BY THE APPLICANT WHEN, YOU KNOW, ADDRESSED AND DENIED. I MEAN, THE APPLICANT HAS THE OPPORTUNITY TO, TO WORK WITH STAFF, PRESENT ADDITIONAL INFORMATION, PROVIDE AN AFFIDAVIT. OKAY, ROBERT? THIS IS ROBERT HANLEY. UM, A COUPLE ITEMS, UH, THEY CAN'T MAKE AN ARREST TO MY ESTEEMED COLLEAGUE MARK ROSS WITHOUT PROOF. SO SOMETIMES IT TAKES A WHILE TO GO THROUGH THE COURT, BUT IN THAT UPPER WHITE RIGHT BOX, IT DOES SAY THIRD D W I. ANY OTHER QUESTIONS FOR STAFF OR COMMENTS? IT'S OKAY, I'M NOT A LAWYER. YOU KNOW, IT'S ARREST. YOU HAVE TO APPROVE SO THAT IT DOESN'T SOUND LIKE THERE'S ANY OTHER QUESTIONS FOR STAFF. OKAY. SO THE APPELLANT CAN, UH, COME PRESENT. GOOD MORNING. UM, I WAS TOLD TO BRING 12 COPIES. DO I? YEAH. OUT TO EVERYBODY. YEAH. THANK YOU. THANK YOU. A LITTLE BIT MIGHT, I'M A LITTLE BIT MIGHT EMBARRASSED HERE, LADIES AND GENTLEMEN. UM, BUT I DO NEED TO STATE RATHER QUICKLY. CAN, SIR, CAN YOU START WITH YOUR NAME AND ADDRESS FOR US? I'M SORRY. HECTOR HERNANDEZ 1 0 2. ERSKINE, SAN ANTONIO, TEXAS. THANK YOU SIR. CHAIR. CHAIR. YES. THIS IS AMIN, TOMAS DEVELOPMENT SERVICES. YEAH. CAN WE HOLD FOR FIVE MINUTES? WE'RE JUST GONNA REVIEW THE DOCUMENT. OKAY. AND THEN AFTER THAT WE POTENTIALLY GONNA PUT IT ON THE SLIDE SO EVERYBODY CAN SEE IT. OKAY. SIR, DO YOU MIND JUST GIVING STEPH A FEW MINUTES HERE? THANK YOU. UM, HEY, THIS IS GREG. YOU, UH, THE APPLICANT HAS HIS SOCIAL SECURITY NUMBER IN THIS PACKET, SO THAT NEEDS TO BE BLOCKED OUT BEFORE WE PUT THIS UP ON THE SCREEN. OKAY? YEAH, DEFINITELY. [00:15:01] I'M STILL EMBARRASSED ABOUT THE THING. I UNDERSTAND. YES. UH, OKAY, CHAIR. UH, SO AFTER REVIEWING THE DOCUMENT, BECAUSE THERE ARE SOME SENSITIVE ITEMS WE DON'T WANT, ANYTHING WE PUT ON THE SCREEN WOULD BE BROADCASTED AND RECORDED. OKAY. UH, SO IF WE FEEL LIKE THERE'S SOMETHING THAT WE DEFINITELY NEED TO PUT OUT THERE, WE CAN LOOK INTO REDACTING IT AND PUTTING IT OUT THERE. BUT I THINK AT THIS POINT, SINCE EVERYBODY ON THE BOARD HAS THE INFORMATION THAT HE'S GONNA REVIEW, I THINK THAT COVERS US TO MAKE SURE THAT Y'ALL HAVE WHAT YOU'RE LOOKING FOR. LIKE, ONCE AGAIN, IF Y'ALL DO REQUEST ANYTHING TO BE PUT UP THERE AND WE CAN LOOK AT THAT AND SEE IF IT'S SOMETHING WE CAN DO, WE CAN PUT IT AS A DASH CAM, BUT THAT'S GOOD WITH THE LAWYER AND EVERYBODY. OKAY. ALRIGHT, THANKS JEREMY. ALRIGHT, SIR, GO AHEAD. AND, UM, AGAIN, EMBARRASSED AS I AM. UH, FIRST, WELL, WE'LL GET THAT IN A SECOND. I TRIED TO GO DOWN BY THE REQUISITES THAT, UH, MR. MCDONALD GAVE ME, AND THAT'S WHAT I TRIED TO PROVIDE FOR Y'ALL. UM, I MEET THE TWO CRITERIONS, I'M ABOVE 18, AND, UM, I'M A LEGAL US CITIZEN. THE QUESTIONABLE CHARACTER PART IS WHERE I'M A BIT EMBARRASSED. BUT ANYWAY, SO WHAT I DID THERE, WE HAVE THE APPLICATION, UM, AND THEN, UH, A LITTLE BIT OF RESUME OF MYSELF. UH, YOU SEE, I DO HAVE A DEGREE IN CONSTRUCTION SCIENCE FROM TEXAS A AND M, UH, DRAFTING AND DESIGN DEGREE FROM SAN ANTONIO COLLEGE A MILLION YEARS AGO. CERTIFICATE OF COMPLETION AND PARALEGAL STUDIES AND APPRENTICESHIP AND RESIDENTIAL WIRING. I WORKED FOR HALLIBURTON FOR ABOUT FIVE YEARS WHEN I GRADUATED FROM SCHOOL. AND THEN, UH, MOSTLY IN REFINERIES COMPANY THAT I REFURBISHED CEMENT PLANTS THROUGHOUT LATIN AMERICA. UM, THEN I GOT INTO THE HOME BUILDING ONCE I CAME HOME AND YOU SEE THAT THE PAINTING, THE REMODELING, I BUILT A COUPLE OF HOUSES FROM THE BOTTOM UP. UM, WHEN I FIRST STARTED ONLY AS AN ASSUMED NAME. THEN I WENT AHEAD AND INCORPORATED MYSELF, WHICH IS PAGE THREE AND FOUR IS THE ARTICLES OF, OF INCORPORATION. UM, THERE'S MY GENERAL, THE PAGE FIVE IS MY GENERAL CERTIFICATE OF GENERAL LIABILITY, WHICH IS STILL GOOD AND CURRENT. AND THEN ON SIX IS I'M JUST SHOWING YOU ONLY CONTRACT THAT I'M ALREADY WORKING ON AS A SUB. OKAY. . AND, UH, ANYWAY, THAT'S THE MAGNITUDE OF THAT IS 17,000. SO THOSE ARE THE KINDS OF PROJECTS I DO TAKE ON THE PAGE. EIGHT IS IN NINE AND 10 IS AN OLD DRAWING SET OF DRAWINGS THAT I HAD OF A HOUSE THAT I BUILT BACK IN 2000. THEN WE GET INTO THE PART OF, UM, I HAVE A, A BACKGROUND CHECK WITH THE BEAR COUNTY. YOU JUST CAN'T SEE THE STAMP VERY WELL. UM, AND ALSO THE NEXT PAGE IS, UH, THE SAN ANTONIO POLICE DEPARTMENT. AND THIS WAS BACK IN 19, I'M SORRY, IN 20 20 19. SO I GOT MYSELF IN A LITTLE BIT OF TROUBLE LAST FEBRUARY AND I WAS TELLING MR. MCDONALD THAT SECOND ONE'S NOT MINE. THE FIRST ONE IS, AND THE SECOND ONE RIGHT NOW IS PENDING. ON THE SECOND ONE THOUGH, SOMEBODY RAN A RED LIGHT AND HIT ME AND I WAS AT A CONTRACTOR'S PARTY. AND YOU CAN DRAW YOUR OWN CONCLUSION ON THAT, BUT THAT'S A PENDING THING. BUT THE SECOND ONE IS NOT MINE. PAGE 13, PLEASE. I'VE BEEN HAVING TROUBLE WITH THIS GENTLEMAN FOREVER. IF YOU SEE A POINTED THERE AND PINNED IN THERE, HE'S BORN APRIL THE 17TH, 1961. WE HAVE THE SAME BIRTHDAY. WE HAVE THE SAME NAME. HIS NAME IS HECTOR HERNANDEZ, BUT HIS MIDDLE INITIAL IS AN EIGHT. WHAT I DID WRITE, UH, IN HIS FIRST OFFENSE, THERE AGAIN, PAGE 13, 19 85, HE IS GETTING ARRESTED FOR, I DON'T KNOW WHAT UNLAWFUL GUN CARRYING I WAS AT SCHOOL AT THE TIME AND THEN ALL THE SUBSEQUENT ONES AND UM, EVEN, I DON'T KNOW, IN, IN 2005, WHENEVER, WHEN I CAME TO PULL MY LICENSE, I, MY REMODELER'S LICENSE, THEY SENT ME FOR THE POLICE BACKGROUND CHECK AND IT USED TO TAKE FIVE MINUTES AND I'M IN THERE FOR TWO HOURS WONDERING WHAT'S GOING ON. AND FROM WHAT I UNDERSTAND, SOMETHING IN THE SYSTEM, THEY DECIDED TO GO BACK AND CHECK SOMEBODY SOLD THE SOFTWARE AND, AND DO BIRTHDAYS. AND I KEPT TELLING 'EM, THAT'S NOT ME. THAT'S NOT ME. OF COURSE EVERY CRIMINAL SAYS THAT, CORRECT, BUT IT, THAT'S NOT ME. SO I DON'T KNOW IF THAT THIRD ONE RIGHT THERE IS HIS OR NOT, BUT THAT ONE'S NOT MINE. SO I DID HAVE ONE AND THE SECOND ONE'S PENDING, LIKE I TOLD YOU GENTLEMEN. AND THEN THE LAST THREE LETTERS IN THE LAST THREE PAGES ARE LETTERS OF REFERENCE. ONE'S FROM, UH, A CIVIL ENGINEER WHOM I WORK FOR, FRASER FERNANDEZ, [00:20:01] FRASER AND WHITE. THE OTHER ONE IS FROM A RETIRED, A RETIRED, UM, BERRY COUNTY SHERIFF'S OFFICER. AND THEN THE LAST ONE IS FROM A FELLOW CONTRACTOR WHO'S BEEN FRAMING FOR OVER, OVER 35 YEARS. AND WE HAVE WORKED ON PROJECTS TOGETHER AND THAT KIND OF THING. SO I'VE BEEN DOING THIS FOR ABOUT 25 YEARS NOW. UM, LIKE, LIKE I SAY, STARTING IN 98 UNDER AN ASSUMED NAME, BUT THEN DECIDED NO, NO, LET ME GO AHEAD AND INCORPORATE AND THAT'S WHO I AM. THAT ALRIGHT, THANK YOU SIR. ANY QUESTIONS FOR MR. HEES? SO THIS IS GREG. JUST TO REITERATE WITH YOU, YOU HAVE THE FEBRUARY 27TH, THAT WAS A CONVICTION, IS WHAT YOU'RE TELLING US. THE JULY 18TH IS PENDING AND THEN THE APRIL 3RD IS NOT YOU. THE JULY 18TH IS NOT MINE. OKAY. SO THEN IT'S FEBRUARY, IT'S 22ND. THE JULY IS ALSO THE 22ND. IF I, YOU KNOW THAT IT, THAT IT, THAT'S NOT, THAT'S NOT MINE. S YOU FEBRUARY 27TH, 2022 IS YOU? YES. UH, AND THEN APRIL 3RD, 2023 IS YOU? YES. OKAY. SO YOU, YOU HAVE, YOU KNOW WHAT, BUT I AM THINKING THOUGH, JUST SO I I DON'T NOT SEEM DECEIVING. I DON'T KNOW IF THAT, THE JULY 18TH IS WHEN I WENT AHEAD AND I TOLD HIM I JUST WANTED TO GO TO JAIL AND BE DONE WITH IT. SO THAT MIGHT BE WHAT IT IS. BUT IT, IT'S NOT THREE. SO THE JULY 18TH MAY BE WHEN I TURNED MYSELF. SO I TAKE THAT BACK, GENTLEMEN, IF YOU DO SOME RESEARCH, THAT'S WHAT IT MAY BE. BUT IT'S, IT'S, I GOT ARRESTED ON FEBRUARY AND REPORT MYSELF IN JULY, JULY THE 18TH. SO, BUT THERE ARE NOT TWO DIFFERENT, UH, ONES. I THINK IT'S THE SAME MATTER. AND THAT GOT RESOLVED. SO THAT IS FOR ONE D W I, I'M JUST THINKING BACK THAT THAT'S WHAT THAT WAS. AND THEN YES, LAST YEAR, BUT LIKE I SAY, UP TO 19, EVEN 2021, I WAS CLEAN AS A WHISTLE. I WAS, I WAS CLEAN AND I RAN INTO SOME BAD LUCK. SO, OTHER QUESTIONS? BRIAN SMITH, I I JUST WANNA CLARIFY THIS. SO FEBRUARY 27TH IS THE FIRST ONE. IS THIS A CONVICTION? CORRECT? YES, SIR. OKAY. SO JULY 18TH, YOU'RE NOT SURE WHETHER THAT WAS YOU? NO, I, I WAS THINKING NO, BUT WHAT I'M THINKING OF, I THINK THAT'S WHEN I REPORTED AND I IT ISN'T IT, IT HAS TO BE WHEN YOU, YOU, WHEN THEY PUT THESE, IT'S A RECORD AS FAR AS ARREST AND IT'S A SEPARATE ONE. YEAH. WOULD APRIL 3RD BE YOU? THAT ONE IS ME. OKAY. YES, SIR. SO YOU DON'T KNOW WHETHER THE SECOND ONE IS YOU OR NOT? 'CAUSE ARE YOU SAYING ON THE FEBRUARY 27TH, THAT PARTICULAR ONE YOU TURNED YOURSELF IN IN JULY? I'M JUST TRYING TO UNDERSTAND THIS. YES, SIR. AND, AND, AND WE, I'M SORRY. WE WENT THROUGH, THEY WENT THROUGH THE COURT THING AND EVERYTHING LIKE THAT. AND I SAID, OKAY, THEY'RE GONNA GIMME PROBATION, ALL THAT. I SAID, WHAT DO I DO? JUST, YOU KNOW, TO, TO BE DONE WITH IT. AND THEY REQUESTED 10 DAYS IN JAIL AND I SAID, I'LL DO THE JAIL TIME. UM, I GO TO FIND OUT YOU GET TWO FOR ONE. SO I WAS IN THERE FOR THREE DAYS OR SOMETHING LIKE THAT. BUT ANYWAY, YEAH. SO I'M JUST THINKING THAT THAT'S WHEN I REPORTED, BUT I DIDN'T GET REARRESTED ON JULY THE 18TH. SO I'M JUST TRYING TO BE FAIR HERE AND I'M THINKING THAT THAT'S WHAT IT IS. AND THEN, SO I DIDN'T GET ARREST ARRESTED IN FEBRUARY AND THEN IN IN JULY. AGAIN, I'M JUST THINKING THAT'S WHEN I, SO IF, IF I'M UNDERSTANDING CORRECT, YOU'RE SAYING YOU'VE ONLY HAD TWO ARRESTS YES, SIR. FROM OFFICERS THE JULY 18TH, YOU'RE THINKING THAT'S WHEN THEY TURNED YOU IN AND SOMEHOW THEY DID A SEPARATE NUMBER REPORT? YES, SIR. THAT'S, THAT'S EXACTLY WHAT I'M SAYING. THAT'S WHAT I'M THINKING. BECAUSE IF YOU GO TO LOOK FOR IT, THEN I'M, YOU'RE GONNA THINK I DECEIVED YOU. I'M JUST THINKING SOMEHOW OR OTHER, THROUGH THE BUREAUCRACY, IT'S SHOWING UP AS A, AS A THIRD ONE. AND, AND, AND IT'S, IT'S, THAT'S ALL I'M SAYING. I WASN'T REARRESTED ON JULY THE 18TH. YEAH, THIS IS GREG. I THINK WE SAW THAT WITH OUR LAST APPEALANT, THAT APPELLANT THAT HAD THE BAD CHECKS THAT I THINK WE SAW THAT SOMEWHERE SHOWED UP ON ONE OF HIS RECORDS THAT, THAT THERE WAS THE ARREST AND THEN WHEN IT WAS PROCESSED IN COURT, IT SHOWED UP AS A SECOND DATE. SO, AND, AND JUST A NOTE, UH, BRIAN SMITH AGAIN, UH, THE LAST NAME, SMITH . I, I'VE ACTUALLY BEEN ARRESTED AND IT WAS ANOTHER BRIAN SMITH WITH THE SAME BIRTHDATE, UH, THAT WAS DOWN IN THE VALLEY. DIFFERENT MIDDLE, INITIAL, SAME KIND OF THING. I'M, I'M SEEING HERE. SO CAN IT HAPPEN? YES, UNFORTUNATELY, UH, IT WAS IN COLLEGE AND, UH, . YEAH. YES. SO, UM, BUT JUST SO YOU, Y'ALL CAN KNOW THAT IT, IT, IT CAN HAPPEN, UH, ESPECIALLY WITH COMMON LAST NAMES. AND, AND JUST FOR THE RECORD AS WELL, WHEN I, YES, AGAIN, I HAVE EGG ON MY FACE AND I'M EMBARRASSED. UH, BUT WHEN I DID GO IN THIS ONE TIME AND I APPLIED [00:25:01] FOR PERSONAL RECOGNIZANCE RELEASE OR WHATEVER THEY CALL IT, UM, THEY DENIED IT BECAUSE THEY SAID , I HAD CONCEALED WEAPON. AND, AND, AND AGAIN, THEY MIXED ME UP WITH THAT GENTLEMAN AGAIN, JUST, JUST THIS PAST APRIL. SO, YOU KNOW, I DON'T KNOW. NOW THE OTHER ONES THOUGH, I BELIEVE YOU CLARIFIED. I THINK THAT MIGHT BE WHAT IT BE. THAT ONE WAS ONE AND THE OTHER ONE'S THE OTHER. SO I'M JUST HERE TO TELL YOU AS EMBARRASSED AS I AM, THERE ARE ONLY TWO. YEAH, I'M PROUD OF THAT. AREN'T I? GO AHEAD. THIS ROBERT HANLEY. UH, JEREMY, CAN I ASK YOU A QUESTION? UH, MR. HERNANDEZ SUBMITTED IN HERE, A CITY OF SAN ANTONIO POLICE DEPARTMENT REPORT SAID NO INFORMATION WAS FILED, BUT THE DATE WAS JUNE 7TH, 2019. DURING YOUR FIDUCIARY RESPONSIBILITY OF VETTING ALL OF THIS, DO YOU HAVE A MORE CURRENT SAN ANTONIO POLICE DEPARTMENT REPORT? NOT A SAN ANTONIO POLICE DEPARTMENT REPORT. ALL WE HAVE IS THE F B I BACKGROUND CHECK REPORT THAT WAS ISSUED TO US. GO AHEAD, KAREN CARPENTER. UH, JUST ONE QUESTION ON THE COMPREHENSIVE REPORT YOU PROVIDED THAT YOU CHECKED THAT IT WAS YOU, IT SHOWS THE MIDDLE INITIAL IS C BUT EVERYWHERE ELSE IT'S AN L. SO JUST CURIOUS ABOUT THAT. AND THEN I JUST WANNA CONFIRM THE APRIL 3RD ARREST THAT'S STILL PENDING OR HAVE YOU BEEN CONVICTED OR WHAT'S THE STATUS THERE? NO, THAT, THAT'S PENDING. AND THE COURT SAID FOR AUGUST THE FIRST, AUGUST THE FIRST A PARDON ME, UM, THE C THAT'S MY DADDY'S NAME AND, OR, OR THAT ONE IS MINE. I, I DIDN'T DECEIVE ANYBODY. I WENT TO GO GET MY DRIVER LICENSE AND GAVE THEM MY BIRTH CERTIFICATE AND THEY SAW PEDRO C HERNANDEZ, WHO'S GONE NOW. AND FOR SOME REASON THEY PUT A C ON THERE AND I HAD TO FIGHT THAT. I SAID IT'S AN L SO IT IS AN L AND ALWAYS HAS BEEN. SO THAT IS ME. NOW WHY THEY DID THAT? I, I I, AGAIN, BUREAUCRATIC MISTAKE SOMEWHERE, MA'AM. MARK. MARK ROSS, AS A PERSON THAT PROCESSES THOUSANDS OF CRIMINAL HISTORY REPORTS A YEAR FOR OUR RENTAL HISTORY BACKGROUND, WHAT I WOULD SUGGEST, JEREMY, THAT IF ALL THESE CHARGES ARE FROM TEXAS, WHICH YOU SHOULD BE ABLE TO GET OFF THE CRIMINAL HISTORY REPORT, YOU CAN RUN A CRIMINAL HISTORY CHECK THROUGH THE DEPARTMENT OF PUBLIC SAFETY THAT'S OPEN RECORDS AND WILL GIVE YOU ALL THE REST AND CONVICTIONS AND WHAT HAPPENS, THE DISPOSITION OF EVERY CHARGE. BECAUSE IF THE, IF THE FEBRUARY AND JULY ARE REALLY THE SAME INCIDENT, YOU WOULD BE ABLE TO GET THAT OFF OF THE CONVICTION REPORT BY THE STATE. AND I WOULD SUGGEST THAT WE MAYBE MAKE THAT JUST PART OF THE PROCESS. IT COSTS $3, YOU KNOW, TO GET THAT. WE DO THAT ON ALL OUR BACKGROUND EMPLOYMENT CHECKS. AND WHEN WE ARE, OUR CREDIT REPORTING SERVICE SAYS SOMETHING THAT DOESN'T LOOK RIGHT, WE'LL GO RUN ONE OF THESE REPORTS THROUGH THE STATE AND IT'S ACCURATE AND IT GIVES SSID NUMBERS, IT SHOWS PICTURES, YOU KNOW, SO YOU CAN TELL THAT IT'S THE RIGHT PERSON THAT YOU'RE LOOKING AT. SO, UH, WE MAY, IF IF WHAT HE'S SAYING IS FEBRUARY AND JULY ARE THE SAME CASE, IT WOULD NOT BE REASON. YOU WOULD NEVER HAVE DENIED IT. CORRECT. YOU KNOW, WE WOULD'VE TO REEVALUATE THAT. I MEAN, I KNOW IT FALLS WITHIN THE THREE, BUT ONE, WE MIGHT'VE DONE MORE OF A PROBATIONARY PERIOD OR SOMETHING LIKE THAT. OKAY. SO IT'S HARD TO SAY EXACTLY WHAT WE WOULD'VE DONE. YEAH. SO IT'S TEXAS DEPARTMENT OF PUBLIC SAFETY. IT'S, IT'S, ANYBODY CAN GET IT. YOU SIGN UP FOR AN ACCOUNT, YOU KNOW, AND IT'S THREE BUCKS AND IT'LL GIVE YOU A REALLY DETAILED RECORD FROM THE STATE OF TEXAS. IF THESE ARE ALL TEXAS ACTIONS, WHICH THE F B I REPORT SHOULD TELL YOU, IT WILL TELL YOU, YOU KNOW, THE DISPOSITION, WHAT HAPPENED WHEN THEY WENT TO COURT, IF THEY GOT REARRESTED FOR NOT DOING PROBATION. AND THAT MAY BE PART OF YOUR DUE DILIGENCE, YOU KNOW, PRIOR TO GETTING HERE. THANKS. ANY OTHER QUESTIONS? CHAIR, CHAIR. THIS IS AMIN THOMAS'S DEVELOPMENT SERVICES. SO, UH, MARK, UH, I DO AGREE WITH YOU WITH THE CONCEPT. UH, RIGHT NOW OUR CODE SAYS IN CHAPTER 10 THAT WE DO REQUIRE F B I BACKGROUND CHECK. WHAT WE CAN DO IS TAKE YOUR RECOMMENDATION AND WHEN WE ARE ABOUT TO DENY SOMEBODY'S REGISTRATION, WE CAN ASK THEM TO GO GET THAT RECORD FROM, UH, TEXAS DEPARTMENT PUBLIC SAFETY AND PROVIDE THAT TO US SO WE HAVE BETTER, UH, CLARITY [00:30:01] OF WHAT'S GOING ON. WE CAN DEFINITELY DO THAT, BUT WE, WE CANNOT GO AND DO IT OURSELVES. SO BEFORE WE DEEP GET TOO DEEP INTO THAT, LET'S STAY WITH, IF WE CAN, IF WE CAN JUST STAY WITH THE, UM, ASKING THE APPELLATE QUESTIONS. ARE THERE ANY OTHER, UH, APPELLATE OR QUESTIONS FOR THE APPELLANT? I, I, I WASN'T GONNA ASK A QUESTION FOR THE APPELLANT. I WAS GONNA ASK A QUESTION TO THE CITY. WOULD IT BE POSSIBLE TO GET A QUICK COPY OF THE MEETING MINUTES OF THE RE THE, THE MOTION THAT WE MADE FOR THE PREVIOUS GENTLEMAN? BECAUSE I THINK I'D LIKE TO USE THAT LANGUAGE SO THAT WE'RE CONSISTENT. I JUST, I DON'T REMEMBER WHAT I SAID ON IT SIX MONTHS AGO. 'CAUSE I DON'T, I DON'T THINK IT'S IN THE 15TH. OKAY. THE MARCH 15TH. I THINK IT'S BEFORE THAT. I JUST DIDN'T KNOW IF ANYBODY HAD THAT, BUT I'D LIKE TO HAVE THAT LANGUAGE. YEAH, I CAN, I CAN PULL THAT UP. OKAY. JEREMY, SORRY, CAN YOU GO BACK TO THE APPLICATION PAGE ON YOUR PRESENTATION PLEASE? THIS? THANK YOU MR. H I I DO HAVE TWO QUESTIONS. THE, UH, FEBRUARY, 2022, WAS THAT A MISDEMEANOR OR A FELONY ARREST? IT'S MISDEMEANOR. IT WAS MR. WHAT ABOUT APRIL 3RD, 2023? UH, IT'S, WELL BOTH, BUT I THINK IT GOES FROM CLASS A TO CLASS B OR SOMETHING TO THAT EFFECT. OKAY, SO IT'S A MISDEMEANOR. THOSE BOTH ARE MISDEMEANORS? YES, SIR. THANK YOU. DO YOU, DO YOU KNOW WHAT MORAL TURPITUDE I DO. OKAY. SO WHEN YOU ANSWERED THIS QUESTION, DID YOU KNOW, DID, DID YOU FEEL LIKE YOU WERE ANSWERING HONESTLY? ABSOLUTELY. OKAY. CAN THE CITY LAWYER GIVE US A DEFINITION OF WHAT MORAL TURPITUDE IS? GO, JOSEPH, YOU HAVE TO GIMME A SECOND TO CHECK THE BLACK'S LAW DICTIONARY. BUT ESSENTIALLY IT'S, UM, UH, HAS FRAUD, DECEIT THEFT. THOSE, THOSE ARE THE CRIMES OF MORAL TURPITUDE DEFINED IN THE PENAL CODE. YEAH. CHAIR. MR. CHAIRMAN? YES, SIR. WHEN YOU WERE ASKING ME ABOUT THE QUESTION, WERE YOU TALKING ABOUT THE C UH, WHEN WERE YOU ASKING ME ABOUT? NO, NO. HAD NOTHING TO DO WITH THAT. I, I UNDERSTAND THAT THE, YOU WERE ASKING ABOUT WHEN I, IT WAS, IT WAS ABOUT THIS APPLICATION THAT YOU SAID ON SIR SCREEN WHERE YOU CHECKED NO CALL THE, THE ANSWERS. AND IT SOUNDS TO ME, BASED ON THAT ANSWER, THAT YOU WEREN'T CONVICTED OF ANY MORAL TURPITUDE CRIMES SO THAT YOU ANSWERED HONESTLY, WOULD THAT BE THE ASSESSMENT OF THE CITY? HE'S LOOKING IT UP. , I WAS GETTING YOU THE EXACT DEFINITION. MORAL INTERPRET DATA COULDN'T HEAR YOU. I'M SORRY, WHAT WAS THE QUESTION? WHAT WAS THE WELL, THE QUESTION IS, WE'RE LOOKING AT A APPLICATION, UM, YOU KNOW, WHERE CHECK NO, ON ALL THESE BOTH ARRESTS WERE MISDEMEANOR ARRESTS. SO IT LOOKS TO ME LIKE, UM, HE ANSWERED THESE QUESTIONS HONESTLY AND CORRECTLY. IS, IS THAT WOULD BE, WOULD, WOULD THAT BE THE ASSESSMENT SHARED BY THE CITY? MAYBE THAT'S A QUESTION MORE FOR A MEAN OR JEREMY. AS, AS AS FAR AS, UM, A CRIME OF MORAL TURPITUDE. YEAH. D W I, TECHNICALLY IT DOESN'T FALL UNDER THE CRIMES OF MORAL TURPITUDE UNDER THE PENAL CODE. THANK YOU. THIS GREG MCFARLAND. YOU ANSWERED THE QUESTION BETTER THAN I ASKED IT. I APPRECIATE THAT GREG. GREG MCFARLAND. I MIGHT SAY IF THIS IS A FORM THAT YOU GUYS CAN EDIT, MAYBE WE SHOULD PUT SOME EXAMPLES BEHIND THAT OR EXCLUSION. YOU KNOW, D W I, 'CAUSE THAT IS A FAIRLY, I HATE TO SAY COMMON OCCURRENCE, BUT I CAN UNDERSTAND FOR AN INDIVIDUAL READING THIS GOING, UH, AND THERE'S NOT ALWAYS A LAWYER PRESENT, SO IT MAY BE YEAH. USEFUL UNDER THAT MORAL TURPITUDE AS WE SEE THESE, A COUPLE, I THINK WE'VE SEEN IT A COUPLE TIMES NOW TO GIVE SOME EXAMPLES FOR SOMEBODY WHO'S FILLING THIS OUT JUST SO THEY UNDERSTAND. BECAUSE THAT AS A, AS A COMMON CITIZEN, THAT IS A VAGUE TERM AND WE DON'T ALL HAVE A LEGAL YEAH. DICTIONARY HANDY. FAIR ENOUGH. SO ARE THERE ANY OTHER QUESTIONS FOR THE APPELLANT OR FOR THE CITY STAFF PERTAINING TO THE, THE ISSUE? BACK TO THE SLIDE ON THE DATES. WHAT'S YOUR NAME? MARK ROSS. SO I LOOKED UP ON WHAT WE USE FOR OUR COMPANY'S, UH, PUBLIC DATA.COM, WHICH IS ONE OF THE SERVICES WE GO TO, AND THE JULY 18TH AS PART OF THE FEBRUARY 27TH CASE. SO THAT WAS THE DAY THAT THE SENTENCING WAS DONE, AND IT SAYS THAT HE WENT TO JAIL. SO IF SOMEBODY WANTS TO MAKE A MOTION THAT IF HE PROVIDES VERIFICATION OF THAT, THAT MAY BE SOMETHING THAT SHOULD BE CONSIDERED. ANY OTHER QUESTIONS OR COMMENTS TO EITHER APPELLANT OR THE CITY? JUST ONE, SIR. DO YOU HAVE, DO YOU HAVE A CLOSING? OH, OKAY. YEAH, THIS [00:35:01] IS ROBERT HANLEY. UM, JEREMY, YOU KNOW, I KNOW THAT CITY STAFF HAS A FIDUCIARY RESPONSIBILITY TO VET THESE THINGS, AND YOU COME THROUGH HERE AND YOU'VE, IN YOUR, YOUR OPINION BASED ON WHATEVER THE PROCESS IS, YOU USED TO UNCOVER THIS INFORMATION AND, AND, AND YOU'VE ISSUED A DENY. AND SO IT'S BEING APPEALED TO THIS BOARD. THE QUESTION IS, IS WHO ACTUALLY DOES THIS VETTING FOR THE CITY TO SEE WHETHER TO EITHER ACCEPT, AND THIS IS, AND I WILL CORRECT, I WILL AGREE WITH YOU THAT WHAT YOU SAID, THIS IS NOT A RENEWAL, THIS IS A NEW APPLICATION 'CAUSE OF THE, THE, UH, IT'S EXPIRED. UH, BUT WHO, WHO DOES THAT, HOW THAT PROCESS GOES? BECAUSE I ALWAYS, Y'ALL DO SO MUCH WORK ON STAFF TO VET THESE THINGS, TO BRING IT TO THE BOARD. AND I DON'T NECESSARILY WANT, WITHOUT ALL OF THE INFORMATION, I CAN HAVE TO MAKE A GOOD DECISION, UH, AND VALIDATE THE WORK THAT YOU DO. SO I'M JUST CURIOUS ON THAT PROCESS. YES, SIR. UH, SO THE APPLICATIONS COME TO OUR FRONT DESK MANAGER, SHARON TRUDEAU IS THE FIRST ONE THAT WILL, UH, REVIEW ANYTHING THAT COMES TO HER THAT HAS SOME INFORMATION. UM, YOU KNOW, WE LOOK AT IT BASED OFF THE, THE FLOW CHART. IF ANYTHING KIND OF TRIGGERS OFF OF THAT, TYPICALLY SHE'LL REACH OUT TO ME, UH, TO KIND OF REVIEW IT A LITTLE BIT BASED OFF OF MY EXPERIENCE OF JUST PRESENTING THESE TO THE BOARD. WHAT WE TRY TO DO IS, YOU KNOW, ANYTIME Y'ALL MADE A JUDGMENT ON ANY OF THESE, WE TRY TO FACTOR THAT IN, YOU KNOW, LOOK AT THINGS. THESE ARE THE TYPE OF QUESTIONS Y'ALL HAVE ASKED FOR. SO SOMETIMES WE DO GO BACK TO THE APPELLANT OR THE APPLICANT OF, YOU KNOW, CAN YOU PROVIDE THIS INFORMATION, GIVE US A LITTLE BIT MORE DETAIL HERE. UH, THINGS SUCH AS THAT. ULTIMATELY THE FINAL DECISION DOES GO TO AM TOMAS, UH, WE PROVIDE THE DOCUMENTATION ON, AT THAT POINT, HE WILL DO A FINAL REVIEW, UM, IF THERE'S ANY AFFIDAVIT THAT WE RECEIVED OR ANY ADDITIONAL INFORMATION TO THE BACKGROUND CHECK. UH, BUT THAT IS THE TYPICAL PROCESS. OKAY. THANK YOU, SIR. DO YOU HAVE A FINAL COMMENT YOU'D LIKE TO MAKE? YES, SIR. UH, EVIDENTLY THIS IS WHY I'M HERE. THIS IS WHY I GOT DENIED, I'M SURE. BUT AS A POINT OF CLARIFICATION, AND AGAIN, MY APOLOGIES TO EVERYBODY, STATE OF TEXAS CITIZENS AND EVERYBODY, BUT AS A POINT OF CLARIFICATION, THE, BECAUSE THIS IS GONNA BE A BUG IN EVERYBODY'S MIND. UH, THE F B I REPORT LISTS, I DUNNO, THE 27TH AND THEN IT AS A CONVICTION AND IT LISTS THE ONE ON 23RD AS A ARREST. SO THERE ARE THAT. I JUST WANNA MAKE THAT A CLEAR DEFINING POINT. HOPEFULLY YOU FIND IT TO, PARDON ME AND, AND JUST LET ME GET TO WORK THE LICENSE. BUT THANK YOU SIR. I, I, I DO HAVE ONE QUESTION. THIS IS MY, OH, I'M SORRY. I DO HAVE ONE QUESTION. FOR THE CITY, KNOWING NOW THAT THIS IS ACTUALLY JUST TWO EVENTS AND NOT THREE EVENTS, DOES THAT CHANGE THE CITY'S, UM, POSITION, POSITION ON THE, I HATE TO PUT YOU ON THE SPOTLIGHT LIKE THAT, BUT I THINK IT'S PERTINENT . I I DON'T, I DON'T BELIEVE WE KNOW IT'S TWO OFFENSES RIGHT NOW OR NOT. I MEAN, THAT'S WHAT MR. HERNANDEZ IS SAYING, BUT I DON'T HAVE ANY EVIDENCE. THE F B I BACKGROUND CHECK, IT DOES SHOW DIFFERENT CASE NUMBER ON EACH ONE OF THOSE THREE. SO TO ME IT'S THREE DIFFERENT CASES, RIGHT? NORMALLY WHEN YOU HAVE DIFFERENT EVENT OR ACTIVITY ON THE SAME CASE, THEY FOLLOW UP AND THEY PUT THE SAME CASE NUMBER AND JUST CONTINUE. TO ME, RIGHT NOW, I STILL BELIEVE THOSE ARE THREE DIFFERENT CASES, INDIVIDUAL CASES. SO PENDING EVIDENCE TO THE CONTRARY, LET, IF, IF WE HAD A HYPOTHETICAL, UM, THAT IT WAS TO, WOULD THAT CHANGE YOUR, YOUR MATH ON IT? BECAUSE I THINK THAT THE ANSWER TO THIS IS BASED ON SHOULD WE STAY THIS AND PENDING MORE RESEARCH OR SHOULD, YOU KNOW, DO WE KEEP GOING? THAT'S WHY I'M ASKING. IT COULD CHANGE THE OUTCOME IF IT, IF IT WAS TO, UH, ESPECIALLY IF ONE OF THEM IS NOT A CONVICTION YES. AT THIS, AT, AT THIS POINT. SO THAT MIGHT CHANGE THE VERDICT, I GUESS IF YOU WILL. UH, AGAIN, ONE OF THE THINGS WE LOOK AFTER IS, UM, IF IT'S A REPEAT OFFENSE, RIGHT? AND TO US, YOU KNOW, MULTIPLE IN A YEAR AND A HALF ROUGHLY, TO ME THAT'S A CONCERN. AND YOU KNOW, AGAIN, OUR JOB IS TO PROTECT THE COMMUNITY AND THAT'S WHY WE MADE THAT DECISION. OKAY, THANK YOU. ANSWER TO YOUR QUESTION ABOUT THE RESOLUTION. YES, SIR. SO, UH, Y'ALL APPROVED WITH THE STIPULATION OF THE APPROVAL OF REGISTRATION, THE APPLICANT IS REQUIRED TO PROVIDE A NEW BACKGROUND CHECK EVERY SIX MONTHS FOR THE INITIAL TWO YEAR REGISTRATION. AN CRIMINAL OFFENSE OCCURS INCLUDING, UM, EXCLUDING TRAFFICKER, UM, OR IF A CIVIL ACTION IS TAKEN AGAINST THE APPLICANT, UH, HE WOULD NEED TO NOTIFY US WITHIN SEVEN CALENDAR DAYS. COULD COULD YOU PUT THAT UP ON THE SCREEN SO I CAN READ IT? . ALRIGHT, [00:40:01] SO THIS IS GREG MCFARLAND. I WAS GONNA MAKE A MOTION THAT WE, WE APPROVE HIS LICENSE, UM, WITH A STIPULATION OF THE APPROVAL OF REGISTRATION THAT YOU WOULD BE REQUIRED TO PROVIDE A NEW BACKGROUND CHECK EVERY SIX MONTHS SO WE CAN FIND THAT'S JUST SO WE CAN FIND OUT HOW THIS OTHER ONE GOES, UH, FOR THE INITIAL TWO YEAR REGISTRATION. AND IF A CRIMINAL OFFENSE OCCURS, EXCLUDING TRAFFIC TICKETS, YOU KNOW, THAT'S FINE. OR A CIVIL ACTION, YOU GET DIVORCED. SOMETHING AS SIMPLE AS THAT AGAINST YOU OCCURS YOU NEED TO NOTIFY THE CITY WITHIN SEVEN CALENDAR DAYS. SO I HAVE A MOTION TO, UH, UH, APPROVE THE APPELLANT'S APPEAL AND THAT'S HORRIBLY LA UH, WORDED, UH, TO APPROVE THE APPEAL PENDING A NEW BACKGROUND CHECK EVERY SIX MONTHS FOR THE INITIAL TWO YEAR REGISTRATION. AND IF A CRIME OCCURS, EXCLUDING A TRAFFIC TICKET OR, UH, OR A CIVIL ACTION IS TAKEN, MR. UH, MR. HERNANDEZ NEEDS TO NOTIFY THE CI CITY WITHIN SEVEN CALENDAR DAYS. DOES THAT CAPTURE YOUR MOTION? YES, IT DOES. ALL RIGHT. THIS ROBERT HANLEY. I'LL SECOND THE MOTION. OKAY. SO WE HAVE A MOTION TO SECOND TO THAT EFFECT. I'LL, I WON'T, I'LL SPARE YOU TRYING TO READ IT OUT AGAIN. YOU CAN START WITH COMMENTS. BRIAN SMITH. IS THERE A WAY WE FIND WHAT KIND OF BACKGROUND CHECK? 'CAUSE TWO THINGS. ONE, THE F B I CHECK NEEDS TO BE BASED UPON WHAT THE CITY IS, AND I THINK IT DOESN'T STATE THAT HERE, BUT THAT'S PROBABLY WHAT WE SHOULD DO. BUT I THINK WE ALSO NEED TO HAVE THE TEXAS ONE TO KNOW, SO BOTH OF THEM TO, UM, TO KNOW THAT ONE, THAT THERE WERE ONLY TWO ARRESTS, SO THAT CAN BE CLARIFIED. UM, BUT ONE WE'RE MEETING WITH THE CITY, UH, REQUIREMENTS, UH, BUT ALSO THAT CAN MEET THAT, THAT TEXAS REQUIREMENTS THAT CAN SHOW THERE WAS ONLY TWO OUT OF THE THREE. OKAY. OKAY. SO, SO THE POINT IS, UM, I MEAN, I GUESS IS IT VAGUE ENOUGH TO SAY HE, JUST BECAUSE MR. HERNANDEZ WILL BE REQUIRED TO PRO PROVIDE, THE CITY'S NOT GONNA PAY FOR IT EVERY TIME. SO IF AS LONG AS THE CITY'S WILLING TO ACCEPT WHATEVER, IF IT'S A D P S REPORT OR F B I REPORT, I DON'T KNOW. I, I GUESS MY, MY POINT IS, IS WE NEED TO SHOW TO THE CITY THAT THERE WERE ONLY TWO YEAH. ARRESTS AND THE F B I REPORT'S NOT SHOWING THAT. AND WHAT WE WERE, WHAT I WAS HEARING DOWN IN THE END, SOMEONE WAS ABLE TO PULL UP PUBLIC DATA THAT THAT REPORT FROM TEXAS DOES SHOW THAT. MM-HMM. SO I THINK THAT WOULD BE IMPORTANT FOR THE CITY TO HAVE THAT INFORMATION IN ADDITION TO THE F B I SO THAT IT CAN SHOW THAT THERE WERE ONLY TWO INSTEAD OF THREE. OKAY. KAREN, IT'S KAREN. UM, I WOULD AMEND HIS MOTION TO INCLUDE VERBIAGE THAT THIS IS CONTINGENT UPON PROOF THAT IT HAS ONLY BEEN TWO ARRESTS AND NOT THREE. WITH THAT BURDEN BEING PLACED ON MR. HERNANDEZ TO PROVE THAT IT HAS ONLY BEEN TWO ARRESTS AND NOT THREE, UM, PROVIDED THAT INFORMATION AS, UH, RECEIVED BY THE CITY, THEN I THINK THAT THIS WORDING SHOULD BE APPLICABLE. I'D ACCEPT THAT AMENDMENT THIS ROBERT HANLEY I'LL ACCEPT THE AMENDMENT ON MY SECOND. I DO HAVE ONE COMMENT. UH, I'M CURIOUS ABOUT THE TYPES OF BACKGROUND CHECKS IN THE PAST. THIS BOARD HAS, UM, CONSIDERED ISSUES LIKE THIS, UH, THAT WERE OUTTA STATE. WE'RE NEVER GONNA GET BRIAN, UH, UH, REPORTS ON THE STATE FOR PEOPLE WHO HAVE MISDEMEANORS OR FELONIES OUTTA STATE. AND WE DID HAVE ONE OF THOSE A COUPLE OF YEARS AGO WITH THIS BOARD. SO I DON'T KNOW HOW SPECIFIC I THINK WE NEED TO GIVE THE DEVELOPMENT SERVICES AND, AND, UH, A LITTLE WIGGLE ROOM ON WHAT THEIR TYPE OF BACKGROUND CHECKS ARE. SO I HAVE TWO, I GUESS A QUE SO YOU CAN, YOU CAN BE SEATED. WE'RE WE'RE, I BEG YOUR PARDON. YOU CAN BE SEATED. YOU DON'T HAVE TO STAND AT THE PODIUM IF YOU'RE MORE COMFORTABLE . UM, BUT, BUT WE'RE, WE'RE IN DELIBERATIONS RIGHT NOW, SO, UM, UNLESS WE HAVE A QUESTION FOR YOU. WE'LL, WE'LL HAVE TO, UM, I DO HAVE A QUESTION FOR JOSEPH. SO NOW WE'VE GOT LIKE A, A MULTI CONDITIONAL MOTION ON THE TABLE. IT SEEMS LIKE, UH, THAT'S, YOU KNOW, UH, THE MOTION HAS SOME CONDITIONS ATTACHED TO IT AND IT INTEGRALLY, BUT NOW THERE'S LIKE, UH, KIND OF, IT'S BEEN AMENDED TO SAY THAT THIS WILL PASS ONLY IF WE CAN PROVE SOMETHING. IS THAT LEGALLY KOSHER? I, I THINK YOU COULD, YEAH, I MEAN, I, I SEE THE ISSUE. UM, I I THINK YOU COULD, IF YOU HAVE IT AS, AS THE, THE ORIGINAL MOTION, UM, I THINK THE, THE BACKGROUND BACKGROUND CHECK SHOULD COVER EVERYTHING. IT SHOULD GIVE YOU ALL THAT INFORMATION AT SOME POINT IF WITH, WITH THE CONTINUAL SUBMITTAL AT SOME POINT, IF IT IS A, A THIRD CONVICTION THAT WILL SHOW. UM, SO I THINK THE, THE ORIGINAL MOTION WILL PROBABLY TAKE CARE OF THE, YOU KNOW, THE ISSUE WITH THE, UH, WITH THE AMENDMENT. OKAY. SO WE HAVEN'T, WE HAVEN'T OVERCOMPLICATED IT TO THE POINT WHERE IT'S NOT LEGALLY BINDING IN ANY WAY. UH, NO, I THINK YOU'RE, WE'RE SAFE. YOU'RE GOOD WITH THE ORIGINAL, WITH THE ORIGINAL MOTION ON THE, ON THE, UH, YOU KNOW, THE, THE SUBMITTALS TO, TO KIND OF CHART IT AS IT AS IT KIND OF PROGRESSES. OKAY. ALRIGHT. ESPECIALLY WITH THAT PENDING ONE, YOU KNOW? YEAH. OKAY. [00:45:01] YES, THIS IS MARK BEAMUS HERE. UH, I, TO ME THIS HAS GOTTEN REALLY CONFUSING. IT SEEMS TO ME LIKE RATHER THAN PUTTING THE CONDITIONAL MOTION FOR APPROVAL, WHY DON'T WE JUST SEND IT BACK TO THE CITY FOR CLARIFICATION TO GET, UM, SORT OF AN ACCURATE PORTRAYAL OF THIS MAN'S ARREST RECORDS SO THAT THEY CAN KIND OF REEVALUATE IT'S THAT MIDDLE CONVICT, UM, ARREST TURNS OUT TO BE NOT VALID. THE CITY MAY RENDER A DIFFERENT OPINION AS TO WHAT THEIR RECOMMENDATION IS. SO THAT SOUNDS LIKE A RECOMMENDATION TO, TO KIND OF VOTE AGAINST THIS. JUST SO WE CAN SEND IT BACK TO THE, TO THE, TO THE CITY FOR ADDITIONAL STUDY. MARK BEAMUS HERE. YES, THAT'S WHAT I'M SAYING. YEAH. IS TAKE THIS MOTION OFF THE TABLE, SEND IT BACK TO THE CITY TO, TO GET THE ACCURATE FACTS IN FRONT OF THEM SO THAT THEY CAN MAKE OPINION BASED ON RIGHT, YOU KNOW, WHAT THE CURRENT INFORMATION IS AND BRIAN SMITH. BUT I THINK THAT'S WHAT WE'RE DOING HERE AND IT KEEPS IT FROM HAVING TO COME BACK HERE TO THE BOARD. I THINK THAT'S WHAT THIS MOTION AND AMENDMENT ALLOWS TO BE DONE. OTHERWISE THEY HAD SAID MOST LIKELY THEY'RE STILL GONNA DENY, WHICH MEANS THEN WOULD COME BACK TO HERE. THIS A LEASE ALLOWS IT TO BE ABLE TO MOVE FORWARD. AND IF IT DOESN'T MEET THOSE CRITERIA, THEN AFTER SIX MONTHS IT WILL BE REVOKED. SO, SO TO CLARIFY WHAT THE AMEND THE AMENDED MOTION DOES, IT SAYS IF THIS IS REALLY TO THESE, THE CONDITIONS THAT WE READ INTO THE MOTION APPLY. IF UPON RE FURTHER RESEARCH THE CITY FINDS THAT THERE'S ACTUALLY THREE SEPARATE OFFENSES, THEN IT BECOMES A DENIAL. IS THAT CLEAR FOR EVERYBODY? AND THAT IT KIND OF DOES BOTH, BOTH THINGS. UM, AND LIKE BRIAN SAID, IT KEEPS IT FROM HAVING TO, UM, YOU KNOW, ANOTHER, YOU KNOW, IF IT DOES MOVE TO THE APPROVAL SIDE, WE DON'T HAVE TO WAIT OR YOU DON'T HAVE TO WAIT AND YOUR CUSTOMERS DON'T HAVE TO WAIT A WEEK FOR YOU TO COME BACK OR 10 DAYS OR WHATEVER. IT'S, YEAH. MARK BEUS HERE. SO I GUESS WE WOULD BE AGREEING AS A BOARD THAT IF IT ONLY TURNS OUT TO BE TWO CONVICTIONS THAT WE WOULD, WE'VE ALREADY APPROVED IT. HE WE WOULD JUST VOTE FOR APPROVAL. CORRECT. SO, SO APPROVING THIS MOTION SAYS IF IT TURNS OUT TO BE TWO, THEN FOR THE FIRST TWO YEARS, MR. HERNANDEZ HAS TO PROVIDE CRIMINAL BACKGROUND CHECK EVERY SIX MONTHS AND IMMEDIATELY REPORT TO THE CITY IF THERE'S ANY, UM, OTHER THAN RUNNING A RED LIGHT OR, YOU KNOW, MINOR TRAFFIC VIOLATIONS HAS TO REPORT TO THE CITY ANY LEGAL ACTION TAKEN AGAINST HIM BY CIVIL OR, UM, MUNICIPAL AUTHORITIES. THIS IS GREG. I WAS GOING TO GET ONE POINT OF CLARIFICATION JUST SO WE CAN TALK ABOUT IT SO WE DON'T GET A GOTCHA LATER WHEN HIS SECOND D W I IS ADJUDICATED AND GETS A CONVICTION. DO THAT, THAT IS A PIECE I THINK WE WANT TO SAY THAT, OR AT LEAST, AT LEAST I WANT TO SAY IS I THINK THE SECOND CONVICTION, ONCE THAT'S ADJUDICATED AUGUST 1ST, WE WOULD STILL APPROVE BASED ON THE SECOND. SO JUST SO WE CAN GIVE THE CITY SOME DIRECTION AND WHAT OUR UNDERSTANDING OF, OF WHAT'S GOING TO HAPPEN. MOST LIKELY NOT SAYING IT IS MAYBE YOU GOT SOME WAY TO GET OUT OF IT, BUT THAT WOULD NOT TRIGGER SOMETHING NEW WHEN THAT'S FINALLY ADJUDICATED. YEAH, THAT MAKES SENSE. IT'S ALREADY OUT, OUT AND ABOUT. YEAH. BA BASED UPON THE SLIDE SHOWING THERE WAS, IT WAS THE THIRD THAT TRIGGERED IT AND THAT'S WHY I WANTED THAT SLIDE UP THERE SHOWING THAT, UH, UH, GRAPHIC OF WHERE, WHERE WE NEED, WHERE IT TRIGGERS IT AND IT'S THE THIRD. YEAH. OKAY. ANY OTHER COMMENTS? ARE WE READY TO, UH, TO MOVE TO A VOTE? WELL, I WAS JUST GONNA, AGAIN, ASK, DO WE NEED TO STAY WITH MY ORIGINAL MOTION OR DO WE NEED TO GO THE AMENDED MOTION? WHICH ONE DOES THE, DO WE NEED TO GO WITH? WELL, THE AMENDED MOTION IS WHAT'S ON THE TABLE AND THAT, THAT ALLOWS US TO MAKE IT CONDITIONAL. IF WE FIND THE THIRD, THEN IT'S IN, IN A DENIAL. IF IT, IF IT'S TWO AS WE THINK, THEN THE CONDITIONS ARE, ARE APPLICABLE. THAT'S WHAT WE ALL UNDERSTAND TO BE THE, THAT'S WHAT THE AMENDED. YEAH. PERFECT. YEAH, I THINK IF CHAIR AS, AS LONG AS YOU, YOU, YOU KIND OF CLARIFY THAT, WHAT YOU JUST SAID. JUST RESTATE THAT. SO, SO IT'S ALL, IT'S CLEAR ABOUT, ABOUT WHAT THE, WHAT THE ACTUAL, UH, EFFECT IS, UM, YOU KNOW, GOING FORWARD. OKAY. SO BEFORE I'LL, I'LL, I'LL CALL THE, I'LL CALL THE QUESTION, I'LL RESTATE THE MOTION IN A CLEAR WAY, UH, OR, UH, AND THEN, AND THEN WE'LL GO TO A VOTE. BUT, BUT BEFORE I DO THAT, I JUST WANNA MAKE SURE THERE'S NO OTHER QUESTIONS OR COMMENTS FROM ANYBODY ON THE BOARD. OKAY. SO WE CURRENTLY HAVE A MOTION THAT, UM, SHOULD THE CITY FIND THAT THE TWO, THE THREE OFFENSES ARE ACTUALLY TWO OFFENSES. THEN IN THAT CASE, THE APPEAL IS APPROVED AND THE APPELLANT IS REQUIRED TO EVERY SIX MONTHS FOR THE FIRST TWO YEARS, SUPPLY A CRIMINAL HISTORY BACKGROUND, CHECK TO THE CITY AND IMMEDIATELY REPORT ANY ADDITIONAL ARRESTS OR CIVIL ACTIONS. THAT'S THE, THAT'S THE MOTION ON THE TABLE TO THE MOTION. WHAT WOULD, WHAT IS THE BOARD'S RECOMMENDATION OR VOTE IF THE FINDS TO BE THIRD? WE JUST WANNA MAKE SURE WE HAVE RIGHT, AND, AND IF THE, AND IF THE, IT TURNS OUT THAT THOSE THREE ITEMS THAT [00:50:01] THE CITY PRESENTED ARE SEPARATE OFFENSES, THEN IT'S AN IMMEDIATE DENIAL. IS THAT GOOD JOB? WE'RE ALL GOOD. OKAY. ALRIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? SAY NO. ANY ABSTENTIONS? OKAY. THE MOTION PASSES. THANK YOU SIR. THANK YOU. SO YOU'RE, YOU'RE CLEARLY, YOU CLEARLY UNDERSTAND WHAT, WHAT THE NEXT STEPS ARE, CORRECT? YES SIR. I DO. OKAY. I'M JUST, UH, CAN I APPLY FOR MY LICENSE NOW OR DO I HAVE TO WAIT FOR SOMETHING? I'M GONNA LET JEREMY ANSWER THAT QUESTION. . AND THEN THE LAST ONE IS ONE LAST ONE. WHICH CRIMINAL BACKGROUND? 'CAUSE WE GAVE THE F B I. NO, WE'LL WORK WITH YOU. OKAY. THANK YOU MA'AM. GENTLEMEN, THANK YOU SO MUCH. THANK YOU. SURE. WE WANT TO COLLECT THESE. YEAH, YEAH. I DIDN'T DO ANYTHING. MR. HERNANDEZ, BEFORE YOU LEAVE, MAKE SURE YOU GET BACK YOUR PACKETS 'CAUSE IT HAS PERSONAL IDENTIFYING INFORMATION IN IT. I MEAN, THE CITY'S GONNA KEEP ONE OF THOSE, RIGHT? ARE YOU GONNA KEEP ONE COPY FOR THE CITY? YOUR CITY RECORD ONE COPY FOR US? YEAH. DO YOU NEED TO OR NO? NO. OKAY. IF THERE'S ANYTHING IN THERE THAT CAN BE OUR DECISION. THAT'S TRUE. YEAH. OKAY. OKAY. DO WE NEED A BREAK BEFORE WE GO TO THE NEXT ITEM OR CAN WE KEEP GOING? KEEP GOING, KEEP GOING. ALL RIGHT, GOOD. THAT GOOD? KAREN? TWO A TWO MINUTE BREAK. WE'LL TAKE, WE'LL BE BACK AT, IT'S 10 26. WE'LL START AT 10 28. SORRY. ALRIGHT, LET'S, UH, GET EVERYBODY SETTLED. WE'RE GONNA RECONVENE AND WE'RE GONNA MOVE TO AGENDA ITEM NUMBER THREE, SUSPENSION OF HOME BUILDER CONTRACTOR REGISTRATION LICENSE FOR MR. ANDRESS VALEZ WITH MIKASA, GENERAL CONTRACTING LOST 21 POUNDS. HEY GENTLEMEN, CAN WE, UH, CAN WE GET SETTLED? ALL RIGHT. TAKE THE CUFF. NO, I KNOW, RIGHT? . ALL RIGHT. ALL RIGHT, WE'RE GETTING STARTED AGAIN. LET'S GO. THANK YOU, CHAIR. SO AGENDA ITEM NUMBER THREE. WE DO HAVE A, UH, PUBLIC COMMENT FOR AGENDA ITEM NUMBER THREE. OKAY. DO WE SHOULD JUST AS A POINT OF POINT OF ORDER, I MEAN, IF THIS IS IN SUPPORT OF, UH, THE, THE, THE APPELLANT, WOULD IT MAKE MORE SENSE FOR, WOULD YOUR STATEMENT HAVE MORE, BE MORE POWERFUL IF WE WAITED UNTIL AFTER? OR CAN WE JUST LEAVE IT UP TO YOU? IF YOU WANNA DO IT, START WITH IT. SHE'S ACTUALLY, UM, THE HOMEOWNER. OKAY. SHE'S, UM, NOT REVERSE OF THAT. OKAY. OKAY. YEAH. NOT FOR THE APPELLANT. OKAY. ALRIGHT. THANK YOU. SO SORRY, PLEASE, NOT A PROBLEM. OH, JUST, UH, STATE YOUR NAME AND ADDRESS IF YOU, CARMEN HALL. I'M THE OWNER OF, UM, THREE DIFFERENT PROPERTIES. AND, UM, I HIRED MR. GERSON DIAZ AS THE GENERAL CONTRACTOR, AND I, I GAVE HIM THE RESPONSIBILITY TO REMODEL ALL THREE OF MY PROPERTIES, UM, ACCORDING TO A, NOT REALLY A CONTRACT, BUT IT WAS THE, A BID, THE ESTIMATE ON THE PRICE OF EACH PROJECT. AND, UM, IMMEDIATELY I GAVE HIM DEPOSITS TO START ON ALL THOSE PROJECTS, UH, IN, IN JANUARY 23RD, ON JANUARY 23RD. AND, UM, HE WAS REFERRED TO ME BY MY REALTOR, AND MY REALTOR SAID THAT HE HAD DONE A GREAT JOB AT OTHER PROPERTIES. AND, UM, I HAD ALREADY BEEN BURNT OUT OF MONEY BY ANOTHER CONTRACTOR. SO THIS TIME I WANTED TO BE MORE CAUTIOUS. AND, UM, I INVITED, UH, MY BOYFRIEND GREG TO COME AND HE'S A GENERAL CONTRACTOR TOO, TO COME TO, UH, GERSON'S DS OFFICE. AND, UH, MET WITH HIM AND REVIEWED WHAT HE SHOWED US A VIDEO OF HIS WORK. SO I TRIED TO DO ALL THE DILIGENCE THAT I COULD. AND, UM, GERSON DIAZ, WHO IS NOT HERE, UH, REPRESENTED HIMSELF AS THE GENERAL CONTRACTOR AND SAID THAT HE WAS THE OWNER OF MIKASA AND THAT HE WAS IN GOOD STANDING WITH THE CITY AND HE, THAT HE HAD ALL INSURANCE AND EVERYTHING WITH THE CITY. SO, UH, HE GAVE ME HIS BUSINESS CARD AND ALL THAT. SO I RELEASED THE DEPOSIT. HOWEVER, BEFORE I RELEASED THE DEPOSIT, UM, GREG, UM, CHRISMAN, WHO'S THE GENERAL CONTRACTOR TOO, PUT 'EM ON THE PHONE AND SAID, AND ASKED HIM, YOU KNOW, IF THE WINDOWS WOULD BE INCLUDED, IF THE AC WOULD BE INCLUDED, AND [00:55:01] GERAND DIAZ SAID EVERYTHING IS INCLUDED. WE ASKED HIM VERBALLY, UM, WHAT IS CARMEN GONNA HAVE TO PAY OUT OF POCKET? AND I WAS TOLD IT WILL BE TURNKEY EVERY, IT'S A TURNKEY REMODEL FOR $115,000 FOR THE CASTILLO PROPERTY. AND, UH, IT'S A TRIPLEX. SO, UH, HE SAID, DON'T WORRY, EVERYTHING IS INCLUDED. YOU'LL JUST HAVE TO PAY FOR THE APPLIANCES. SO, UH, WE WENT AHEAD AND RELEASE $28,000. AND, UM, TWO MONTHS INTO THAT, HE ASKED FOR THE FIRST DRAW AND HE WANTED $50,000, BUT HE WANTED WI ME TO PAY FOR WINDOWS. AND I SAID, I'M NOT PAYING FOR WINDOWS, YOU SAID IT WAS INCLUDED. AND, AND I SAID, AND PLUS THE WINDOWS HAVEN'T BEEN INSTALLED. SO HE SAID, DON'T WORRY, WE'LL INSTALL THEM. JUST GO AHEAD AND SUBMIT FOR THE DRAW. AND, UH, WHICH I DID, I TRUSTED HIM. I MEAN, I'M NOT, I'M, I'M NOT EXPERIENCING CONSTRUCTION. AND HE, HE JUST KEPT SAYING, GO AHEAD AND SUBMIT FOR THE DRAW, AND BY THE TIME THE INSPECTOR COMES, EVERYTHING WILL BE DONE. SO HE SAID THAT THE DEMO WAS DONE, THAT THE ROOF WAS DONE, THAT UM, THAT, UM, THE WINDOWS WOULD BE INSTALLED AND ALL THIS AND THAT. WELL, UNFORTUNATELY, MY LENDER DID NOT SEND OUT A, UH, AN INSPECTOR TO VISUALLY WALK THROUGH THE HOUSE. INSTEAD, MY LENDER JUST REQUIRED PICTURES. SO, UM, GERSON DIAZ SIMPLY SENT PICTURES OF THE BEST WORK, EVEN THE FOUNDATION WHERE, UM, AND I DO HAVE PICTURES OF, UM, SOME OF THE FOUNDATION, UM, PARTS THAT HAD LIKE THE, THE STUDS, THE WOOD JUST LIKE TWO FEET DEEP INTO THE BOTTOM OF THE HOUSE. AND THEN IT WAS, UH, ROTTED OUT WOOD. AND UH, I ASKED HIM, WHY DIDN'T YOU REPLACE THE WHOLE BEAM? AND HE GOES, OH NO, THAT IS THE SAME THING. IT'S THE SAME THING. AND I SAID, NO, I MEAN, YOU'RE ONLY USING TO LIKE A BRAND NEW THIS LONG AND THE WHOLE BEAM IS LIKE 30 FEET ACROSS. SO ANYHOW, WHAT THE PATTERN WAS THAT HE WAS CONSTANTLY TELLING ME THAT WHAT I'M SEEING IS NOT WHAT I'M SEEING. I HAVE PICTURES OF LIKE DEMO WORK THAT HE SAID IS DONE, AND THEN, UM, PICTURES OF THE ROOF SAYING THAT THE ROOF WAS DONE, THAT HE DIDN'T HAVE TO CHANGE THE ROOF. AND I'M LOOKING AT THE ROOF AND IT'S A BURNT OUT PIECE OF PLYWOOD THAT GOES INTO PART OF THE HOUSE. AND HE'S TELLING ME THAT I DON'T KNOW ANYTHING ABOUT CONSTRUCTION, THAT THAT'S THE SOFFIT THAT HE DID NOT, HE DIDN'T HAVE TO REPLACE THE, THE PLYWOOD. AND, UM, AND, AND I, IT GOT TO THE POINT WHERE BEFORE THE FIRST DRAW, HE STOPPED WORKING AND HE SAID, MS. CARMEN, I'M NOT REALLY, I'M NOT GONNA WORK ANYMORE UNTIL YOU GIVE US MORE FUNDS. SO HE WENT OVER TWO WEEKS WITHOUT WORKERS AND I'M IN A HARD MONEY LOAN, SO I WAS UNDER A LOT OF STRESS AND PRESSURE TO MAKE SURE THAT HE CONTINUED WORKING. SO I SUBMITTED THE DRAW REQUEST AND I GAVE HIM $37,000. TWO WEEKS LATER HE SAID, NO MORE WORK AGAIN, MS. CARMEN, BECAUSE WE RUN OUT OF FUNDS. AND AT THAT POINT I WAS REALLY CONCERNED BECAUSE THE HOUSE WAS A MESS. YOU COULDN'T EVEN WALK THROUGH THE BACK AND THE FRONT OF THE HOUSE. HE TRIED TO BRING A DUMPSTER INTO THE HOUSE AND, UM, THERE WAS NO ROOM FOR A DUMPSTER. SO HE PLACED IT IN THE BA IN THE NEIGHBOR'S PARKING LOT, A 40 FOOT DUMPSTER. HE JUST PARKED IT IN THE NEIGHBOR'S PARKING LOT. AND THE NEIGHBORS EITHER CALLED THE POLICE OR THE CITY OR SOMETHING AND HAD HIM REMOVE THE DUMPSTER. AND AFTER THAT, HE SAID HE WASN'T GONNA BUY ANOTHER DUMPSTER BECAUSE HE HAD ALREADY SPENT $800. SO HE WAS JUST DEMOING THE ROOF AND THROWING ALL THE DEBRIS ON THE NEIGHBOR'S, UM, NEXT DOOR. AND, UH, ALL OVER THE PLACE WAS JUST A DISASTER ZONE. AND HE JUST KEPT SAYING, DON'T WORRY, WE'RE GONNA CLEAN IT UP BEFORE IT'S DONE. YOU'RE NOT GONNA, YOU'RE GONNA SEE THE DIFFERENCE. JUST GIVE US TIME. IT'S PART OF THE PROCESS. AND THEN HE STOPPED WORKING AGAIN AND HE SAID, I'M NOT GONNA WORK ANYMORE 'CAUSE WE'RE OUT OF FUNDS. AND AT THAT POINT I SAID, I'VE GIVEN YOU $80,000. [01:00:01] WHERE IS THE WORK? YOU HAVE NOT FINISHED THE DEMO. YOU HAVE NOT FINISHED. UM, UH, THE, THE ROOF, HE ONLY DID HALF OF THE HOUSE. AND THOSE WERE THE PICTURES SHE, HE SHOWED. SO AT THAT POINT HE SAID, WELL, I'M NOT GONNA WORK ANYMORE BECAUSE I CAN'T PAY THE WORKERS. SO AT THAT POINT, I JUST WENT TO, UM, I CALLED A MEETING WITH MY REALTOR AND I SAID, YOU KNOW, CAN YOU PLEASE HELP ME SPEAK WITH GERSON BECAUSE HE, NOW HE'S ASKING FOR $10,000 FOR AN AC UNIT THAT I DID NOT APPROVE. AND HE SAID THE MINI SPLITS WERE THAT WE WERE GONNA DO MINI SPLITS AND THEY WERE PART OF THE ORIGINAL BID. AND HE SAID, NO, UM, REMEMBER I TOLD YOU THAT IT WOULD BE BETTER TO JUST DO AN AC SYSTEM. HE SAID, REMEMBER I TOLD YOU THAT I'M INSTALLING YOUR AC SYSTEM? AND I SAID, YEAH, REMEMBER YOU SAID YOU WERE WORKING ON THE AC TO ME, I DIDN'T REALIZE, YOU KNOW, AC RIGHT. YOU KNOW, WHETHER HE WAS WORKING ON THE MINI SPLITS OR THE AC SYSTEM. SO HE WENT AHEAD AND HE INSTALLED ONE HUGE AC UNIT ON THE UPPER LEVEL. 'CAUSE HE'S A TRIPLEX. SO HE PUT IT IN THE ATTIC UPSTAIRS AND HE SAID THAT WOULD BE ANOTHER $10,000. AND I SAID, WHAT DO YOU MEAN? YOU SAID IT WAS PART OF THE BID? SAME THING WITH THE WINDOWS. UH, HE, HE WANTED ME TO GET ANOTHER $5,500 FOR WINDOWS. AND I SAID, KIRSTEN, THE WINDOWS ARE NOT EVEN INSTALLED. HE GOES, THEY'RE IN MY OFFICE. AND, AND, AND I'M LIKE, WELL, WHY DO YOU WANT ME TO SUBMIT FOR PAYMENT WHEN YOU DON'T EVEN HAVE THE WINDOWS INSTALLED? SO, UM, AND HERE I HAVE A PICTURE OF, UM, THE, UM, THE DIRT THAT HE DUG OUT FOR THE PLUMBING AND, AND IT WAS ALL OVER THE BACK ALLEY. MM. AND, AND I TOLD HIM, GERSON, THIS IS A LIABILITY FOR ME. YOU ARE JUST THROWING EVERYTHING ALL OVER THE PLACE. AND, UM, AND NOT EVEN SECURING THE PROPERTY, HE TOOK DOWN THE BACK WALL AND, I MEAN, THIS IS HOW HORRIBLE IT WAS. AND HE TOOK DOWN THE BACK WALL, THE BACK DOOR, AND WAS LEAVING THE PROPERTY JUST OPEN FOR ANYBODY TO WALK IN AND OUT. THERE WAS NO YELLOW TAPE OR ANYTHING. THERE WAS NO PORTA POTTY AT ALL. HIS WORKERS WERE POOPING UNDER THE HOUSE. WE HAD TO GO AND CLEAN EVERYTHING UP. AND, UM, JUST SO YOU KNOW, THIS IS, THESE ARE THE PICTURES OF THE ROOF. HE SAID IT WAS HOPEFULLY DONE. THERE'S NO PICTURES OF THE, NO, THAT WAS FOR ANOTHER HOUSE. AND, AND THEN HE SAID HE HAD TO, UM, HE WAS GONNA FIX THE FLOOR AND ALL THE DEBRIS, HIS WORKERS WERE SWEEPING IT INTO THE CRAWLING SPACE. AND HE SAID, DON'T WORRY, THAT'S, THAT'S GONNA BE TAKEN CARE OF. AND, UM, AND THEN HE WAS, HE WAS, UM, THIS IS A PICTURE OF THE BACK OF THE HOUSE. HE DEMOED A GARAGE WITHOUT A DEMO PERMIT. AND, UM, AND I HAD TO GO THROUGH A LOT OF HOOPS WITH THE CITY TO, TO GO BACK AND ALLOW ME TO, TO GET A PERMIT SO THAT I CAN RELOCATE THE ELECTRIC, THE ELECTRICAL PANELS MM-HMM. . AND THEN HE CAME BACK TO ME AND SAID, OH, I DIDN'T REALIZE THAT IT'S GONNA BE MORE COSTLY TO RELOCATE THE ELECTRICAL PANELS. SO WE'RE GONNA NEED ANOTHER $8,500. MA'AM, I'M, I'M GOING, JUST, IF YOU PREMIER ME, I'M GONNA INTERRUPT YOU FOR A SECOND. UM, I THINK WHAT WE UNDERSTAND IS THAT THIS HAS BEEN A VERY BAD EXPERIENCE. AND IF YOU DON'T MIND, AFTER WE HEAR FROM THE CITY AND THE APPELLANT, IF SOMEBODY'S REPRESENTING THE APPELLANT, WE MIGHT ASK SOME ADDITIONAL QUESTIONS. UM, BUT FOR THE INTEREST OF TIME, I THINK WE, I THINK THE, UH, I'M, I'M NOT TRYING, TOM, I'M DISRESPECTFUL AND CUT YOU OFF, BUT I THINK WE NEED TO KIND OF KEEP IT MOVING. I THINK THE, THE, UH, THRUST OF YOUR COMMENTS ARE, ARE WELL ABSORBED BY THE, BY THE BOARD HERE. WELL, THIS IS JUST ONE PROPERTY. THERE'S ANOTHER PROPERTY. OKAY. I MEAN, IT WAS, AND SO WE MIGHT JUST HORRIBLE. IF, IF YOU DON'T MIND STICKING AROUND, WE MIGHT ASK YOU ADDITIONAL QUESTIONS WHEN, IF THEY COME, IF IT COMES UP BASED ON WHAT THE REST OF WHAT WE HEAR. OKAY, SIR. ALRIGHT. THANK YOU. THANK YOU. CHAIR GERMAN MCDONALD AGAIN. SO, AGENDA ITEM NUMBER THREE IS AN APPEAL FOR A 60 DAY SUSPENSION OF HOME BUILDER CONTRACTOR REGISTRATION LICENSE FOR MR. ANDREAS AVILES, UH, WITH MS. SSA GENERAL CONTRACTING. NOW, THE NAME THAT, UM, WAS PRESENTED EARLIER WAS, I THINK A BUSINESS PARTNER, BUT THE ACTUAL REGISTERED CONTRACTOR FOR ME, [01:05:01] CASA IS MR. AVI. OKAY. UH, HE WAS SUSPENDED IN ACCORDANCE PROVISIONS OUTLINED IN SECTION 10 DASH 15 C THREE OF THE CITY'S CODE. WILL YOU SH WILL YOU SHOW US WHAT? OH, I'LL LET YOU FINISH. THEN WE CAN ASK THE QUESTION. . OKAY. UM, SO WHEN IT CAME TO PERMITTING AND ISSUES WITH OUR INVESTIGATIONS TEAM, WHAT WE HAD WAS REALLY ONE OF THE THREE PROPERTIES. I'LL, I'LL DISCUSS THE OTHER ONES. I HAVE THOSE ADDRESSES, BUT REALLY WHAT WE'RE LOOKING AT IS 2 0 6 PLAINVIEW. SO 2 0 6 PLAINVIEW. WE HAVE, UH, FROM THE PROPERTY OWNER. A CONTRACT WAS SIGNED ON JANUARY 16TH FOR 2023, UH, WHICH INCLUDED A NEW ADDITION TO THE STRUCTURE. SO IT INCLUDED A LOT OF REMODEL BATHROOM, BUT UNDER THE PERMIT THAT WAS PULLED FOR MARCH 1ST, 2023, HERE'S THE SCOPE THAT THEY HAD FULL REMODEL AND DEMO OF THE BATHROOM AND KITCHEN DRYWALL REPAIR, REPLACING EIGHT WINDOWS, 12 INTERIOR DOORS AND TWO EXTERIOR DOORS, PAINTING THE EXTERIOR AND EXTERIOR AND REPAIRING SIDING. SO THAT WAS THE SCOPE OF WORK PRESENTED, UH, BY THE REGISTERED CONTRACTOR, UH, WHEN THEY PULLED THEIR PERMIT IN MARCH OF FIRST 2023. UM, WHAT WE DIDN'T HAVE ON RECORD WAS NO TRADE PERMITS, UH, NO RE-ROOF PERMIT. IN APRIL, 2023, THE HOMEOWNER, UH, CAME TO PULL A RE-ROOF PERMIT AND REMODEL PERMITS TO TAKE OVER THE PROJECT. UM, SO ONCE AGAIN, A LOT OF THE ITEMS THAT WERE BEING DISCUSSED IS MORE OF A CIVIL MATTER, WHICH HAS TO GO THROUGH THAT PROCESS, AND WE HAVE MEANS TO ADDRESS IT FROM THERE. WHAT WE'RE LOOKING AT ON THE INVESTIGATION SIDE IS WHAT WORK IS BEING DONE WITH PERMITS AND, UH, DO WE HAVE ALL THE TRADE PERMITS AND SUCH AS THAT? UM, BUT WHAT WE WERE SEEING HERE WAS THEY WERE MOVING AWAY FROM THE ORIGINAL CONTRACTOR TRYING TO PULL HOMEOWNER, UH, OCCUPIED STRUCTURED PERMITS, WHICH ARE LEGAL, UH, WITH OUR REGISTRATION PROCESS. UH, BUT THE, BASED ON THAT PROCESS, THE HOMEOWNER ALSO DID ASK US TO REVIEW THE THREE PROPERTIES THAT SHE HAD WITH THE CONTRACTOR. SO WE DID AN INVESTIGATION ON APRIL 22ND, 2023. DURING THAT INVESTIGATION, WE FOUND ELECTRICAL WORK BEING PERFORMED, UH, GETTING SOME TOPS TYPE SET UP, UH, AFTER THE DEMO SO THAT THEY HAVE ELECTRICAL. SO ELECTRICAL WORK WAS BEING PERFORMED AS WELL. AS YOU CAN SEE IN THIS PICTURE HERE. SORRY, GO AHEAD. IS THAT WITHOUT A PERMIT OR CORRECT. YEAH, CORRECT. UM, AND ALSO WHAT WE HAVE HERE IS YOU CAN SEE, UM, RE RE ROOFING WORK BEING COMPLETED. AND ON THE BACK OF THE STRUCTURE, YOU CAN SEE THE ADDITION THAT WAS BEING ADDED. SO ALL OUTSIDE OF THE SCOPE OF THE CURRENT PERMIT THAT THEY HAD ON FILE. UH, AS I MENTIONED, UH, WE ALSO HAD INVESTIGATIONS ON THREE 11 CASTILLO AND 1 1 4, UH, BONITA BASED ON THE APPLICANT. UH, THE HOMEOWNER'S COMPLAINTS TO US, WHERE WE STAND ON THAT ONE WAS THE WORK THAT WAS BEING DONE. A LOT OF THE ISSUES. NOW, CASTILLA, THE BIGGEST ISSUE WITH THAT WAS LEAVING IN THE PROPERTY IN AN UNSAFE CONDITION. UH, YOU SAW A LOT OF THE PICTURES OF KIND OF WHERE THAT STATUS WAS AT. YOU KNOW, IT'S, IT'S CONCERNING. UH, BUT WE ALSO UNDERSTAND SOMETIMES WHEN DISPUTES HAPPEN, YOU KNOW, THINGS ARE THAT IT'S MORE ON THE, THE CONTRACTOR AT THAT POINT NEEDS TO NOTIFY US AND SAY, HEY, I'M BEING PULLED OFF A JOB. IT'S NOT BEING LEFT IN A SAFE CONDITION AND HELP US GET INVOLVED EITHER THROUGH OUR BUILDING OFFICIAL OR OUR CODE ENFORCEMENT AND STUFF LIKE THAT. UM, BUT THAT'S KIND OF WHERE WE STOOD ON A CASTILLO. THE MANITA PROJECT HADN'T BEEN MOVED ALONG, BUT WE DIDN'T HAVE ANYTHING SHOWING AT CASTILLO THAT WAS, YOU KNOW, OUTSIDE THE SCOPE YET. NOW WE DID SEE, IT LOOKS LIKE THEY WERE GONNA DO, IN ADDITION, THINGS WERE MOVING FORWARD, WAS NOT PART OF THE ORIGINAL SCOPE OF WHAT THE PERMIT THEY HAD PULLED FOR THE CASTILLO. SO POTENTIALLY IT WOULD'VE MOVED THERE, BUT WE DIDN'T HAVE ANYTHING AS HARD EVIDENCE SAYING OUTSIDE OF SCOPE. SO MOSTLY WHAT WE'RE LOOKING AT IS THE 2 0 6 PLAIN VIEW, UH, PER THE OWNER WORK IS STILL PENDING TO BE COMPLETED PER THE PAYMENT AND AGREED SCOPE OF WORKING CONTRACT. ONCE AGAIN, IF THAT MOVES INTO A CIVIL ACTION, WE DO HAVE A PROCESS IN PLACE THAT ALLOWS US TO SUSPEND OR REVOKE A PRE, UH, ANY REGISTRATION BASED OFF OF THAT THROUGH THE CIVIL SIDE. SO RIGHT NOW, WHAT THE CITY'S SUSPENSION WAS BASED OFF ON WAS ON THE 2000 OR THE 2 0 6 PLAINVIEW OUTSIDE OF SCOPE. UH, SO WITH MULTIPLE, MULTIPLE ISSUES OUTSIDE OF SCOPE A PERMIT, UM, INCLUDING NO TRADE PERMITS. SO WHILE WE ARE GOING AFTER THE TRADE CONTRACTORS, WHAT WE'RE TALKING ABOUT HERE IS A REGISTERED BUILDING CONTRACTOR, WHICH UNDER CHAPTER, UH, 10 DASH ONE 15 AS KIND OF THE AUTHORITY FOR THAT PROPERTY. WHILE THEY HAVE THEIR PERMITS, THEY'RE RESPONSIBLE FOR MAKING SURE THAT THEIR TRADES ARE PULLING THEIR PERMITS AND DOING THINGS PROPERLY. THEY ARE KIND OF THE OWNER'S REPRESENTATIVE FOR THAT. SO WE, UH, LOOK AT THAT AS WELL. SO EVEN THOUGH IT WASN'T JUST THEIR BUILDING PERMIT BEING OUTSIDE OF SCOPE REROOF, UH, HAPPENING WITHOUT THAT PERMIT ADDITION HAPPENING WITHOUT THAT PERMIT, BUT ALSO TRADES, UH, DOING WORK UNDER THEIR, UH, AT THEIR PROPERTY WITHOUT PERMITS. WE, UH, LOOKED AT THAT AND WE DECIDED, UH, THAT WE WOULD SUSPEND FOR 60 DAYS EFFECTIVE MAY 15TH THROUGH JULY 14TH, 2023. THE SUSPENSION LETTER WAS ISSUED ON MAY 15TH, UM, AND SENT TO THE APPLICANT AND WE ALSO NOTIFIED THEM. SO THAT CONCLUDES, UH, STAFF'S PRESENTATION ON THE SUSPENSION. ANY QUESTIONS FOR STAFF? [01:10:02] OKAY, IS THE APPELLANT PRESENT? YES. HOW'S IT GOING GUYS? UH, ANDREA S ANDREAS AVILOS, UH, SSA GENERAL CONTRACTING. UH, LET'S SEE. I'M, UH, YOU KNOW, THE, THE LICENSE HOLDER. SO I'M, I'M A REGISTERED AGENT FOR, FOR THE COMPANY, UH, WITHIN THE COMPANY. I DO MOSTLY LIKE, UM, I GUESS YOU WOULD SAY SALES BRING, BRING IN PROJECTS AND, AND WE'LL BUILD 'EM OUT AND THEN, UH, MANAGEMENT AND, YOU KNOW, UH, GETS, YOU KNOW, HANDLED AND, AND SO FORTH. BUT FOR RIGHT NOW, I'M JUST A REGISTERED AGENT, SO, UH, WITHOUT GETTING TOO MUCH INTO CIVIL, YOU KNOW, I, I DO APOLOGIZE. I KNOW THEY'VE BEEN THROUGH, YOU KNOW, A CONTRACTOR BEFORE THEM AND, YOU KNOW, WHATEVER ELSE HAPPENED HERE, YOU KNOW, I UNDERSTAND, YOU KNOW, UH, THROUGH, THROUGH THE CIVIL PART. BUT, UM, AS FAR AS, AS FAR AS, UH, PERMITTING, UM, HONESTLY, I JUST CAME HERE, UM, UM, BECAUSE, UM, I HAVE SOME PAPERWORK HERE, BUT NOT, NOT NECESSARILY EXPECTING TO, TO, TO WIN AN APPEAL OR ANYTHING, BUT I'M LOOKING TO, TO JUST, YOU KNOW, COME OUT HERE AND, AND SHOW, SHOW, YOU KNOW, FACE AND, AND KIND OF EXPLAIN WHAT'S GOING ON. YOU KNOW, WE HAVE, UH, A COUPLE PERMITS MISSING, UM, ON THAT 2 0 6, I, I, YOU KNOW, I DON'T MANAGE, I DIDN'T MANAGE THOSE PROJECTS. UM, I DID GET TO WALK THROUGH THREE, OH, UH, THREE 11 CASTILLO. SO THE OWN HOMEOWNER INVITED ME TO WALK THROUGH THERE. SO WE WALKED IN WITH MR. RO. AND, UM, YOU KNOW, JUST, JUST PLAIN AND SIMPLE, YOU KNOW, UM, YOU, YOU KNOW, JUST THROUGH, YOU KNOW, WITH, WITH CHANGE ORDERS AND STUFF LIKE THAT. AND ALSO, YOU KNOW, O OTHER HUMAN ERRORS, YOU KNOW, UM, AND, AND MISTAKES IN OUR PROCESSING AND RECORDING, UM, PROCESS THAT WE HAVE. YOU KNOW, WE, WE FAILED TO, TO, UH, UH, AMEND SOME OF THE STUFF WE WERE DOING. UM, AS FAR AS, UH, A COUPLE TRADES, I KNOW I TALKED TO MR. UH, JOSEPH, I KNOW A COUPLE TRADES. WE DID HAVE, UH, A GUY, MR. JAMIE, MR. JAMIE, JAMES, UH, YOU KNOW, WE HIRED HIM TO, YOU KNOW, TAKE ON THAT ELECTRICAL, THE ELECTRIC JOB, AND, UM, YOU KNOW, APPARENTLY HE'S NOT PULLING PERMITS FOR, FOR MULTIPLE LOCATIONS. SO, UM, SO I DID BRING SOME, UM, TYPE OF, YOU KNOW, I GUESS PROOF THAT, YOU KNOW, FOR PAYMENTS MADE, MADE TO HIM. SO AS FAR AS THAT, THAT TRADE GOES, UM, YOU KNOW, UM, WE WERE KIND OF EXPECTING HIM TO, TO DO THAT ASPECT. AS FAR AS THE, THE OTHER REPAIRS, UM, I MEAN, THE OTHER, UM, THINGS MISSING IN THE SCOPE OF WORK. UM, I FEEL LIKE IN LARGE PART IT WAS MADE BECAUSE OF, UH, CHANGE ORDERS. UM, AND AGAIN, THAT'S, THAT'S OUR RESPONSIBILITY. I, I UNDERSTAND. BUT, UM, UM, YOU KNOW, UH, REALLY THE, THE MAIN THING THAT HAPPENED HERE WAS, UM, YOU KNOW, CHANGE ORDERS STARTED COMING IN. UM, AND, YOU KNOW, ESPECIALLY WITH, WITH THREE 11 CASTILLO, WHICH, UM, I'M PRETTY SURE WE'LL GET TO THAT, BUT, UM, WITH 2 0 6 PLAIN VIEW, LOOK, UH, WE DID DO THE DEMO FOUNDATION, AND THEN WE DID, UM, WE DID, UH, YOU KNOW, FROM THE ADDITION, YOU KNOW, WHILE IN PROCESS A COUPLE OF PERMITS WERE, YOU KNOW, OH, WE, UH, WE ARE MISSING SOME ADDITIONAL, UM, INFORMATION, RIGHT. YOU KNOW, SOMETIMES THE CITY WILL ASK US TO, HEY, UM, YOU KNOW, LIKE FOR THE ASSISTANCE WE HAD LIKE 19, UM, BULLET BULLET POINTS TO, TO, IN REGARDS TO THAT, UH, EFFICIENCY. SO IT WAS A NEW EFFICIENCY. AND SO, UM, YOU KNOW, WE WERE WORKING WITH THE HOMEOWNER TO GET THAT INFORMATION, UM, OR WITH THE PROPERTY INVESTOR TO, TO, TO GET THAT FIGURED OUT. BUT THAT'S AS FAR AS THAT, YEAH, THAT'S IT. THAT, OKAY. I HAVE A QUESTION FOR YOU. SO YOU, YOU START OFF BY SAYING YOU DIDN'T EXPECT TO WIN THE APPEAL. ARE YOU BASICALLY SAYING THAT YOU'RE STIPULATING THAT THE CITY IS CORRECT, THAT YOU WERE DOING UNPERMITTED WORK? YEAH. YEAH. I MEAN, YEAH. ABSOLUTELY. UM, OKAY. UH, AND, AND JUST TO BE CLEAR TO THE BOARD, WE'RE NOT HERE TO ADJUDICATE THE, THE COMPLAINT. I MEAN, CERTAINLY THAT COLORS THINGS, IF EVERYTHING WAS DOING BEING DONE VERY WELL, AND THERE'S A PERMIT ISSUE THAT MIGHT CHANGE SOME THINGS, BUT WE'RE NOT HERE TO ADJUDICATE ANYTHING BETWEEN YOU AND YOUR AND YOUR CUSTOMER. ABSOLUTELY. UM, OKAY, SO IF WE HAVE, I MEAN, I, I DON'T WANNA CUT OFF DISCUSSION, BUT IF WE HAVE THE APPELLANT SAYING, ADMIT ADMITTING THAT THE, THAT THE CITY'S ACTION WAS CORRECT, I THINK THAT MAYBE WE CAN, UM, EXPEDITE THIS. BUT MARK, GO AHEAD. MR. AVILAS, ARE YOU A OWNER IN THE COMPANY? UH, NOT IN THE, [01:15:01] NOT IN THE MECASA COMPANY. YEAH. SO WHAT IS YOUR POSITION? YOU'RE JUST AN EMPLOYEE? UH, YEAH, SO, UH, I, I'LL BRING IN, UM, YOU KNOW, PROJECTS AND THEN, UM, LIKE REMODELING PROJECTS, THEN I'LL, I'LL MANAGE 'EM AND STUFF LIKE THAT. AND, YOU KNOW, BUT ARE YOU SALES AND ARE YOU AN EMPLOYEE OF THE COMPANY? ARE YOU JU DO YOU HAVE A PAYCHECK OR ARE YOU A 10 99? UH, LIKE A SUB, LIKE A 10 99. SO, UH, I'LL ALSO HELP OUT WITH, UM, WITH THE PERMITTING ASPECT, YOU KNOW, WE'LL GET THE SCOPES OF WORK, UH, WE'LL GO THROUGH THE PERMITTING PROCESS AND THEN WE'LL GO AHEAD AND GET 'EM FILED. AND SO I HAVE A QUESTION FOR STAFF. HOW CAN SOMEBODY WHO IS NOT AN EMPLOYEE OF A COMPANY THAT IS JUST A SUBCONTRACTOR, BE THE APPLICANT FOR A COMPANY? ? OH, I, I'M, I'M SO SORRY. I'M A, I'M A REGISTERED AGENT WITH, WITH THE ACTUAL COMPANY WITH, UH, LIKE IN, IN INCORPORATION. UM, I'M, I'M NOT SURE HOW THAT WORKS. I, I GET PAID AS, I GUESS, ARE YOU AN OFFICER OF THE COMPANY? I MEAN, I THINK THAT'S, THAT'S KIND OF THE QUESTION WHERE WE'RE GOING. WE SEE, I'LL JUST SAY, I SEE THE, THE LOGO ON YOUR SHIRT, WHICH I DON'T KNOW IF THAT'S A DIFFERENT COMPANY. OH, NO, THIS IS, UH, THIS IS BACK IN THE DAY, BUT, UH, OKAY. SO IT'S JUST AN OLD SHIRT. IT'S JUST AN OLD SHIRT, SIR. BUT YEAH, WE NEED TO KNOW, AGAIN, THAT WAS JUST MY KIND OF QUESTION IS ABSOLUTELY WHAT ARE THE REQUIREMENTS TO BE THE REGISTERED AGENT? I MEAN, I KNOW FOR, AS AN ENGINEER ON AN ENGINEERING COMPANY, YOU MUST HAVE A REGISTERED ENGINEER AS A FULL-TIME EMPLOYEE. SO I THINK WE NEED TO GET THAT CLARIFIED HERE REALLY QUICK. AND BRIAN SMITH. YEAH. AND THE OWNER HAS TO SIGN IT OFF, BUT, UM, BUT HE, I MEAN, THE AGENT DOESN'T, YOU KNOW, I MEAN, IT'S NOT YOUR, YOUR LICENSE WOULD BE LIKE, UNDER ME. I, IT WOULD BE ME AS FAR AS IF THERE WAS AN ISSUE, I WOULD BE THE ONE WHO WOULD HAVE TO ANSWER NOT ONE OF MY REGISTER AGENTS THAT ARE EMPLOYEES THAT WORK FOR ME AS FAR AS IN THE HOME BUILDING. ROBERT, YOU HAD A QUESTION? YES. AFTER LISTENING, UH, UH, TO WHAT HAS BEEN EXPRESSED BY CARMEN HALL AND, UH, EVERYTHING, WE CAN'T DO ANYTHING TO, AS THE CHAIRMAN NOTED FOR, TO ADJUDICATE THE DAMAGES AND THE, THE PROBLEMS. BUT MY QUESTION IS, IS DOES THE BOARD HAVE THE, UM, FLEXIBILITY OF EXTENDING A 60 DAY SUSPENSION TO SOMETHING A LITTLE BIT LONGER AS TO SEND A MESSAGE AND SET A PRECEDENT FOR THIS KIND OF, UH, OPERATION THAT IS UNDER THE LICENSURE OF A GENERAL CONTRACTOR OF REPUTATION? SO, UH, I MEAN, DEVELOPMENT SERVICES, CHAPTER 10 PROVIDES, UH, DIFFERENT TIMES OF SUSPENSION. AND NORMALLY THE CITY TAKES THAT AS PROGRESSIVE. SO 30 DAYS, 60 DAYS, 90 DAYS, 180 THEN A YEAR. UH, SO TECHNICALLY CHAPTER 10 OUTLINES ALL THAT. IF THE BOARD CHOOSES TO DO ANYTHING DIFFERENT THAN THE 60 DAYS, YOU, YOU CAN, IT'S IT, ROBERT HANLEY, AGAIN, IT'S DIFFICULT ENOUGH FOR THE CITY DEVELOPMENT SERVICES STAFF TO HAVE TO BE, UM, BABYSIT THESE KIND OF ISSUES. BUT UNLESS YOU SET A PRECEDENT AND A DETERRENT, THIS WILL HAPPEN AGAIN. AND SO I PERSONALLY AM FOR, UH, BECAUSE I DON'T REALLY EVEN HAVE THE OWNER OF THIS COMPANY, ME, CASA GENERAL CONTRACTING, STANDING BEFORE ME, AS BRIAN SAID, UH, I'M FOR EXTENDING THE SUSPENSION, UH, TO SEND A MESSAGE. OKAY. SO I, I HAVE A, A QUESTION FOR THE LEGAL SIDE OR, SO IS THE, IS THE, IS THE REGISTRATION PERMIT UNDER MR. AVILAS OR IS IT UNDER MIKASA GENERAL CONTRACTING? THIS IS JOSEPH AL, I'M THE BUILDING CHIEF FOR THE STRIKE TEAM. I'M PART OF THE INVESTIGATION FOR MIKASA. SO MR. AVILAS IS THE REGISTERED CONTRACTOR, RIGHT? SO IT'S HIS COMPANY. MIKASA IS A BRANCH OF, SO IT COULD BE JOSEPH'S REMODELING, BUT I HAVE HIM AS MY CONTRACTOR, KIND OF LIKE A MASTER ELECTRICIAN, RIGHT? HE HAS THE MASTER, THEN HE HAS PEOPLE UNDER HIM. WELL, HE WOULD BE THE MASTER IN THIS SENSE AND PEOPLE WORK FOR HIM. RIGHT. BUT MIKASA IS DIFFERENT. LIKE I THINK HIS NAME IS GERSON. HE MAY BE THE COMPANY OWNER, BUT HE HAS HIM AS HIS MASTER, RIGHT. OF RECORD. THE THRUST OF MY QUESTION IS, IS ARE, ARE YOU THE, ARE YOU THE REGISTERED AGENT FOR OTHER COMPANIES OR, OR IS HE ABLE TO DO THAT? OR IS THERE'S ONLY ONE THAT YOU CAN REGISTER WITH US? YEAH, HE'S NOT ABLE TO DO THAT. HE CAN ONLY REGISTER AS ONE. OKAY. COMPANY. OKAY. BUT HOW DO, HOW CAN YOU BE A REGISTERED AGENT WHEN YOU HAVE NO INTEREST WHATSOEVER? YOU'RE NOT AN EMPLOYEE OF THE COMPANY, A TECHNICALLY AN EMPLOYEE OF THE COMPANY. UH, AND WHAT HAPPENS IF THE OWNERS, AND I'M NOT SAYING THIS IS 'CAUSE I DON'T WANNA GET SUED FOR DEFAMATION, BUT JUST HYPOTHETICALLY, [01:20:01] WHAT HAPPENS IF THE OWNERS COULDN'T QUALIFY TO GET THE LICENSE BECAUSE THEY'RE, UH, FOR SOME REASON FROM OTHER WHATEVER REASON THAT WOULD DISQUALIFY FIFY YOU ON THAT CHART OR OTHERWISE. AND THEY JUST PUT UP A A, YOU KNOW, IT'S A LOOPHOLE. IT'S BRIAN SMITH, IT'S A LOOPHOLE. IT LONG AS THEY HAVE THE INSURANCE UNDER THE NAME AND BE ABLE TO DO IT, THEY CAN DO THAT. UM, YEAH, THIS IS, THIS IS WHY WE KIND OF CHANGED THE, IN CHAPTER 10, WE CHANGED IT AND MADE THEM HAVE SOME KIND OF CERTIFICATION. 'CAUSE IT WAS A LITTLE ANYBODY, IT IS LIKE A CONTRACTOR FOR A HIRE. PRETTY MUCH ANYBODY CAN HIRE HIM. HE CAN, YOU KNOW, GET WITH KB HOMES IF HE WANTED TO, OR YOU KNOW, A BIG COMPANY LIKE THAT AND JUST BE THEIR REGISTRATION HOLDER. HIRE GUNS TRO. OKAY. ANY OTHER QUESTIONS FOR STAFF OR THE APPELLANT? ALRIGHT, I'D ACCEPT THE MOTION ON THIS ONE WAY OR THE OTHER. SORRY, I HAD ONE MORE QUESTION. OKAY. UH, JUST WONDERED IF YOU HAD SAID YOU HAVE A PROGRESSIVE ACTION 30, 60, 90, IS THIS THE FIRST ACTION AGAINST ME, ME, CASA? OR IS THIS THE SECOND THAT, THAT, WHAT IS THE, THE KIND OF THE STANDARDS THAT, THAT THE CITY IS USING TO GET TO THE 60 DAYS? THIS IS THE FIRST ACTION THAT WE'VE TAKEN AGAINST, UH, MIKASA. UH, BUT BASED ON JUST WHAT WE'RE SEEING AT THAT PLAIN VIEW, THE, THE AMOUNT OF WORK THAT WAS DONE OUTSIDE OF PERMIT AND THE ADDITIONAL TRADES, WE DECIDED A 60 DAY VERSUS A 30 DAY. SO WE DON'T ALWAYS, YOU KNOW, WE, WE DO GAUGE THAT A LITTLE BIT. UH, BUT TYPICALLY WE DO 30 OR 60 AS OUR MAXIMUM INITIAL, SOMETIMES 90 IF THERE'S MULTIPLE LOCATIONS. UM, LIKE I SAID, ONCE A ONCE AGAIN, WHILE THERE'S THREE PROJECTS THAT WE'RE LOOKING AT FOR THIS ONE SPECIFICALLY, THE ONLY THING WE FOUND INVESTIGATION WISE WAS 2 0 6. EXPLAIN TO YOU, UH, THIS IS ROBERT HANLEY AGAIN, WHICH GOES BACK, UH, JEREMY TO MY PREVIOUS, UH, COMMENT. UH, I KNOW THAT YOU HAVE A PROGRESSIVE AND THAT'S THE, UH, PROCESS AND PROCEDURE THAT YOU USE TO MAKE THIS DECISIONS AND RECOMMENDATIONS TO THIS BOARD. BUT MY QUESTION GOES BACK IS THAT, DOES THIS BOARD HAVE THE FLEXIBILITY TO EXTEND THE DAYS OR THE MONTHS OF THE SUSPENSION? WE DO, WE DO. OKAY. I CORRECT YEAH, TALKING WITH JOSEPH, THAT, THAT IS CORRECT. I'M SORRY. OKAY. I HAVE TO LOOK AT THE CODE. I, IF I REMEMBER CORRECTLY, THE SU THE SUSPENSIONS WERE UP 280 DAYS AND THEN AFTER THAT IT WAS REVOCATION IS, I THINK THAT'S WHAT THE CODE LANGUAGE SAYS. THAT IS CORRECT, YEAH. BUT, BUT THE ACTION THAT'S UP POSTED ON THE AGENDA IS TO EITHER SUSTAIN THE CITY'S ACTION OR GRANT THE APPEAL. I DON'T KNOW HOW YOU CAN, WE COULD VOTE AT THIS MEETING TO SAY, OKAY, WE WANT 120 DAY SUSPENSION INSTEAD WHEN THE CITY'S ALREADY NOTIFIED THEM OF THE 60 DAY SUSPENSION. SO I DON'T THINK WE HAVE THE AUTHORITY IN THIS MEETING TO TAKE ANY OTHER ACTION OTHER THAN WE SUSTAIN THE ACTION THE CITY TOOK OR WE GRANT THE APPEAL. IF MARK, THIS IS ROBERT HANLEY, MARK ROSS, I UNDERSTAND WHAT YOU'RE SAYING, BUT IT WAS AGENDA SIZED AND IT DOESN'T SAY 60 DAYS ANYWHERE ON THE AGENDA. JOSEPH, DO YOU, HAD YOU HAD A COMMENT ON THAT? I'M SORRY. I WAS IN HAWAII YESTERDAY. LITERALLY. , WOOHOO. BOOHOO BEACH. NO. YEAH, I THINK THE PRESENTATION THE APPEAL TO, TO SUSPEND, I WOULD THINK YOU WOULD HAVE THE LEEWAY. I MEAN THE, THE, THE STAFF'S RECOMMENDATION IS SUSPENSION. SO THAT'S, THAT'S WHAT YOU'RE CONSIDERING. IT'S JUST THE DAY, YOU KNOW, THE, THE, THE AMOUNT VERSUS, UM, YOU KNOW, UM, UH, UPHOLDING THE APPEAL. UM, SO I THINK THAT, THAT, BASED ON WHAT'S PRESENTED THERE, YOU, YOU WOULD HAVE THE LEEWAY. SO I WOULD, THIS, THIS, I I WOULD JUST HAVE MY, MY COMMENT WOULD BE THIS, I MEAN, I UNDERSTAND THE IMPULSE, UM, BUT WE'VE REALLY ONLY HEARD ONE SIDE. I, THE I AND I'M SORRY MA'AM, I FORGET YOUR NAME. I'M, I'M CARMEN. CARMEN HALL, I, YOUR TESTIMONY IS VERY COMPELLING. UM, BUT BECAUSE WE'RE NOT HERE TO TO, TO ADJUDICATE THAT, UM, I THINK MY PERSONAL FEELING IS THAT WE SHOULD CONSIDER MAINLY THE ACTUAL REASON FOR THE SUSPENSION, WHICH WAS WORK WITHOUT PERMIT. UM, 60 DAYS NOT BEING ABLE TO DO WORK, UM, IS SIGNIFICANT. UM, I, THIS IS MY OPINION, BUT I'D ACCEPT, I'D ACCEPT A MOTION ONE WAY OR THE OTHER JUST SO WE CAN, WE CAN MOVE FORWARD. THIS SLOWS FROCK THIS, UH, QUESTION FOR STAFF. AFTER THE REVIEW OF THE OTHER, UH, CASES, WILL THEY, UH, WOULD YOU HAVE THE OPTION OF EXTENDING THAT? SO REVIEWING THOSE TWO PROPERTIES, I MEAN, ONCE AGAIN, THE BONITA ONE, I DON'T THINK AT THIS POINT EVEN REALLY HAD A LOT OF WORK TO BE CONSIDERED THEIA. UH, THAT ONE, THEY WERE ALREADY DOING WORK, BUT THEY DID HAVE [01:25:01] AN ELECTRICAL PERMIT. THEY DID HAVE, UH, A SCOPE OF WORK KNOW THERE, THERE WERE SCOPE OF WORK FOR THE PERMIT THAT THEY PULLED AND THE WORK THAT THEY WERE ACTIVELY DOING WHEN WE WERE ON SITE WERE, WERE CORRECT. NOW THE SCOPE OF WORK THAT THEY ORIGINALLY HAVE IN THEIR CONTRACT THAT WE'VE SEEN WAS NOT COVERED UNDER THE PERMIT, BUT THERE'S NOTHING LEGALLY THERE FOR US TO LOOK AT AND SAY, HEY, YOU'RE OUTSIDE OF SCOPE, YOU KNOW, POTENTIALLY LOOKS LIKE THEY WOULD'VE GOT THERE, BUT THAT'S WHY WE H HINGED EVERYTHING ON THE 2 0 6 PLAIN VIEW. 'CAUSE THAT'S THE ONE THAT WE COULD FIND INVESTIGATIVE ISSUES ON. THIS IS, I MEAN, THOMAS, I JUST WANNA CLARIFY ONE THING, UH, BASED ON WHAT MR. HANLEY TALKED ABOUT. SO IN THE PAST, THIS BOARD DID CHANGE THE, I GUESS OUR RECOMMENDATION, IF YOU WILL, IN THE PAST WE DID BRING A CONTRACTOR AND WE SAID, FOR EXAMPLE, OUR RECOMMENDATION IS TO REVOKE IT. YOU DIDN'T STAY WITH EITHER REVOKE IT OR NOT. YOU SAID SUSPEND THEM FOR 60 DAYS. SO YOU HAVE THE RIGHT TO APPLY ANY OF THE SECTIONS OF CHAPTER 10. UH, THAT'S BASED ON YOUR DECISION AND BASED ON THE INFORMATION THAT'S PROVIDED TO YOU. YEAH. SO WITH THAT INFORMATION, WOULD SOMEBODY LIKE TO MAKE A MOTION? YES. HOLD ON. I, I OH, MARK. SORRY. I'M SORRY. I JUST HAVE A QUESTION. MARK BEUS HERE, IF WE TAKE THIS ACTION, IS THE ACTION GOING PERSONALLY AGAINST MR. AVIUS OR IS IT GOING AGAINST M CASA BUILDERS TO SHUT THEM DOWN FOR SIX DAYS? IT, IT'S, HE'S THE, HIS CONTRACT OR REGISTRATION WOULD BE SUSPENDED. SO ME CASA ONLY DOES WORK UNDER HIS REGISTRATION AND THEY WOULD NOT BE ABLE TO OPERATE. SO IT'S BOTH OF THEM. ESSENTIALLY. THIS, THIS IS GREG MCFARLAND. DOES THAT MEAN THAT TOMORROW THEY CAN GET A NEW AGENT AND ME CASA CAN START OPERATING AGAIN? THEY GO THROUGH THE PROCESS. THEY WOULD HAVE TO PULL ANY PERMITS UNDER THAT NEW AGENT. SO THE AGENT, THE REGISTERED INDIVIDUAL IS WHO ACTUALLY GETS THE PERMITS. THEY ASSIGN THEMSELVES TO A COMPANY. BUT IN OUR SYSTEMS, IN OUR REGISTRATION PROCESS, IT'S AN INDIVIDUAL THAT IS REGISTERED AND PULLS THOSE PERMITS. SO THOSE PERMITS WOULD, YOU KNOW, ANYTHING UNDER A SUSPENDED REGISTRATION WOULD BE ON HOLD. IF ANYBODY WANTED TO CONTINUE WORK ON THAT PROPERTY, THEY WOULD HAVE TO, IF IT'S WITH THE SAME COMPANY, GET A NEW AGENT, APPLY, GET THROUGH THAT PROCESS, AND THEN PULL A COMPLETION PERMIT AND MOVE THAT PERMIT TO THE NEW CONTRACTOR. SO IT WOULDN'T BE AN IMMEDIATE THING, BUT YES, IN THE LONG RUN THEY COULD DO THAT IF THEY OPTED TO. OKAY. UH, THIS IS JOSEPH. JEREMY. THEY DON'T HAVE COMPLETION PERMITS FOR BUILDERS. THEY HAVE TO GET A WHOLE NEW PERMIT FOR EVERYTHING ALL OVER AGAIN. YEAH. THIS IS ROBERT HANLEY AND I MOVE THAT WE DENY THE APPEAL FOR ME, CASA ON ANDREAS VELAS FOR, UH, RELIEF. AND I WOULD RECOMMEND THAT THE SUSPENSION FOR THIS REGISTERED LEGAL ENTITY BE 120 DAYS. OKAY. SO WE HAVE A MOTION TO DENY THE APPEAL AND INCREASE THE SUSPENSION PERIOD TO 90 DAYS FROM 60 120. OH, I'M SORRY, 120. IS THAT IN THE, IS THAT ONE OF THE OPTIONS FROM THE CITY? YES. OKAY. THAT IT'S GRADUATED. SO IT'S 30, 60 AND 180 AND THEN CANCELLATION 360 AND 180 IS THE, OKAY, I WILL AMEND THAT. SO THERE'S NOT 120 DAY SUSPENSION. IT'S, UH, YEAH, IT'S UP TO HUNDRED 80. SO, UM, IT SAYS NEITHER THE BOARD OR NOR THE BUILDING OF OFFICIAL SHALL HAVE ANY AUTHORITY TO SUSPEND THE REGISTRATION FOR LONGER THAN 180. I'M OKAY. 1 20, 1 20 IS OKAY. YEP. YES. OKAY. ALRIGHT. SO WE MOTION TO DENY THE APPEAL AND INCREASE THE SUSPENSION PERIOD TO, UH, 120 DAYS FROM 60 DAYS. DO I HAVE A SECOND? SECOND. BRIAN SMITH SECOND. THANK YOU. ALRIGHT, SO WHO, WHO GOT ANY COMMENT COMMENTS IN THIS BEFORE WE GO TO A VOTE? ANY COMMENTARY QUESTIONS? I, I'M JUST GONNA MAKE MY ONE COMMENT. YEAH, I'M, I'M A LITTLE BIT LEERY OF OVERRIDING THE CITY'S RECOMMENDATION. I MEAN, THE REASON I SAY THAT IS, IS IF, IF YOU WOULD NOT HAVE SHOWN UP TODAY, WE WOULD'VE STUCK WITH THE 60 DAY SUSPENSION. YOU KIND OF DUG YOURSELF A HOLE, UNFORTUNATELY. SO I'M, I'M A LITTLE BIT HESITANT TO WANNA OVERRIDE THE CITY BECAUSE OF A BAD PERFORMANCE BY THE APPELLANT. THIS IS ROBERT HANLEY. UM, AS AMID TOMA STATED EARLIER, THERE'S BEEN MANY TIMES THAT THE CITY'S STAFF RECOMMENDATION AND WE HAVE MODIFIED IT AS A BOARD. SO THAT'S NOT WHERE, NOT SETTING A NEW PRECEDENT. YEAH. BUT IN THE OTHER ONE HE REFERENCED THAT WAS IN A, IT WAS TO LOWER THE PENALTY, NOT RAISE THE PENALTY GOES EITHER WAY, MARK. YEAH, I MEAN, I JUST THINK IT SETS A TERRIBLE PRECEDENT. THE CITY ALREADY SENT A LETTER OUT SAYING THAT YOU HAVE A 60 DAY SUSPENSION AND YOU HAVE THE RIGHT TO APPEAL THAT TO THE BOARD. AND IN MOST APPEALS, YOU EITHER THE APPEAL IS YOU PREVAIL OR YOU LOSE. NOT THAT THE TERMS OF THE SUSPENSION OR CHANGED YOUR SENTENCE OR CHANGED OR ANYTHING HAS CHANGED. IT'S EITHER [01:30:02] YOU'RE, YOU'RE EITHER MODIFYING THE SUSPENSION DOWN, NOT INCREASING THE DEAL BECAUSE HE COULD RIGHT NOW GET UP AND SAY, I'D DO, I'D LIKE TO HAVE THE APPEAL DISMISSED AND IT WOULD GO BACK TO 60 DAYS. SO IT'S JUST, IT'S NOT A GOOD THING, AT LEAST IN MY VIEW. AND, AND I DO AGREE THAT THERE NEEDS TO BE TEETH IN THIS AND YOU KNOW, I, I DON'T LIKE THE FACT THAT A COMPANY CAN HIRE A SHILL TO GO BE THEIR PERMIT PULLER AND DO THE WORK WHERE WE HAVE NO IDEA OF WHAT THE CRIMINAL BACKGROUND OF THE PEOPLE THAT ARE ACTUALLY CONTRACTING TO DO THE WORK BECAUSE THEY CAN PREY ON THE HOMEOWNERS OR THE, THE CUSTOMERS. AND SO I THINK THE NEXT GO AROUND WE NEED TO LOOK AT THAT, BUT I, I JUST STRONGLY DISAGREE WITH INCREASING THE CITY SENT THE LETTER OUT. THEY'RE APPEALING THAT THAT SUSPENSION FOR 60 DAYS AND OUR VOTE SHOULD EITHER BE TO SUSTAIN THE SUSPENSION OR TO DISMISS IT. AND IF WE'RE GONNA CHANGE IT, IT SHOULD BE CHANGED LOWER, NOT INCREASING BECAUSE THEY HAD NO NOTICE THAT THE PENALTY E EITHER YOU HAVE TO SUSTAIN IT LIKE THEY SENT IT OR YOU CAN MODIFY IT, BUT IF YOU'RE GONNA MODIFY IT, IT SHOULD BE MODIFIED LESS VERSUS MODIFIED FORM. JOSEPH, YOU HAD A COMMENT? YEAH, THIS IS JOSEPH AGAIN. SO JUST TO HELP, MR. AVILA IS, IS, IS WORKING WITH US AND HE HAS OTHER LOCATIONS THAT WE'RE STILL INVESTIGATING. HE PROVIDED US A LIST OF LOCATIONS AND I FEEL THAT IT'S BEST THAT WE JUST LEAVE THE 60 DAY SUSPENSION AND LET HIM PROGRESS IN WHAT HE NEEDS TO THINK ABOUT TO GET HIS COMPANY BACK. AND WE'RE STILL LOOKING. AND ON THE BOTTOM OF THE LETTER IT DOES SAY THAT IF THERE ARE MORE LOCATIONS IN VIOLATION, WE CAN ADD MORE ADDITIONAL TIME TO THE SUSPENSION. I WOULD RATHER IT LEAVE LIKE THAT. THAT WORKS. BRIAN SMITH, I REMOVED MY SECOND. OKAY. I, I'LL, I, I AGREE. I WILL, UH, WITHDRAW MY MOTION AND SUBMIT ANOTHER ONE WITH THAT ADDITIONAL INFORMATION THAT JOSEPH JUST MADE. I JUST, UH, REC MOVE THAT WE DENY THE APPEAL AS STATED IN THE AGENDA. OKAY, SO I HAVE A MOTION. SO THE ORIGINAL MOTION AND THE ORIGINAL SECOND. BRIAN WITHDRAWN THAT NEW MOTION. OKAY, SO NOW WE HAVE A NEW MOTION TO JUST DENY THE APPEAL AND BRIAN SECONDS THAT, OKAY. FURTHER COMMENTS? OKAY. ALL IN FAVOR PLEASE SAY AYE. AYE. ANY OPPOSED? SAY NO. ANY ABSTENTIONS? OKAY, SO THE APPEAL IS DENIED. THANK YOU SIR. UM, STILL MY, THAT'S FINE. UH, WE MOVE ON TO THE STAFF REPORT. I'M TRYING TO BREAK KIDS OUTTA HIGH SCHOOL LIKE WE NEED A NOTE. ALRIGHT, THANK YOU CHAIR. UM, JUST FINAL COUPLE ITEMS. UM, STAFF REPORT. SO THE SIGN CODE UPDATE WILL BE PRESENTING TO, UH, CITY COUNCIL TOMORROW. UH, I THINK THEY ARE GOING TO PULL THAT FOR DISCUSSION. SO IF YOU'RE INTERESTED, FEEL FREE TO COME DOWN OR WATCH IT ONLINE. UH, BUT I THINK FOR THE BULK OF EVERYTHING, WE WENT THROUGH THE PROCESS FOR THE SIGN CODE, WHICH WAS A LOT OF MEETINGS, UH, WE'LL GO THROUGH. I DO KNOW, UH, ANYTHING THAT WAS DEALT WITH DIGITAL IS KIND OF UP IN THE AIR AT THIS POINT. SO WE'LL SEE WHAT COUNCIL DECIDES, UH, TOMORROW FOR BOTH THE BILLBOARDS AND THE HILL COUNTRY GATEWAY CORRIDOR, UM, ETHICS TRAINING LOGS. SO I KNOW Y'ALL HAVE ALL RECEIVED SOME EMAILS. I FINALLY GOT A DATABASE FROM OUR CITY CLERK'S OFFICE LETTING ME KNOW WHO HASN'T COMPLETED ONE OF THE, I THINK THERE'S EIGHT, UH, OF THE PRESENTATIONS AND ADDITIONAL LINKS TO THOSE. WE'VE GONE THROUGH ALL THAT. I HAVE IT AND I WILL TRY TO GET IT OUT TO Y'ALL NEXT WEEK OF HERE'S ALL THE ONES THAT YOU'VE ARE STILL LACKING WITH THE LINK TO THAT OR IF, IF YOU'VE DONE 'EM ALL AND YOU'RE GOOD TO GO, UH, THEY DO HAVE A LINK THAT WE WANT. UH, THEY WANT US TO GO TO A STATE WEBSITE AND PRINT OFF A FORM, UH, JUST KIND OF SAYING, I HAVE DONE MY ETHICS TRAINING TYPE THING THAT YOU KEEP, YOU DON'T NEED TO SEND IT TO ME, BUT IT'S SOMETHING. SO I'LL BE WORKING TO GET THAT OVER TO Y'ALL, UH, NEXT WEEK. AND THEN FINALLY, UH, YOU KNOW, WE, WE LAST APPOINTED NEW MEMBERS TO THIS BOARD AT THE END OF, UH, 2021. I THINK RIGHT BEFORE WE STARTED THE NEW CODE UPDATES, UH, WITH NEW CITY COUNCIL APPOINTMENTS. UH, FINALIZING HERE IN THE NEXT COUPLE WEEKS, THEY'LL BE LOOKING AT ALL THEIR DIFFERENT BOARDS AS KIND OF THAT TWO YEAR CYCLE OF GETTING ALL THE BOARDS AND COMMISSIONS. NOW THIS BOARD BEING MORE TECHNICAL AND NOT APPOINTED BY ANY, ANY DIRECT, UM, DISTRICT OR, OR MAYOR KIND OF FALLS TO THE BACK END OF THAT. THEY MOSTLY FOCUS ON THE ONES THAT THEY HAVE DIRECT APPOINTMENTS FOR. BUT ONCE THAT PROCESS IS DONE, PROBABLY END OF JULY, EARLY AUGUST, WE'LL START GETTING INVOLVED TO, UH, LOOK AT, UH, TO FILLING OUR VACANCIES, WHICH UNFORTUNATELY WE NOW HAVE VACANCIES ON THE SIGN CODE. BOTH, UH, SIGN CODE APPOINTEES HAVE DROPPED OFF THE BOARD AND ALONG AS WELL A FEW OTHER VACANCIES THAT WE HAVE. AND WE'LL GO THROUGH THE PROCESS. UM, MOST MOST BOARD MEMBERS ARE HOLDOVERS, UH, WHICH WE ARE HAPPY WITH AND WE HAVE NO ISSUES WITH THAT, BUT I KNOW CITY CLERKS AND CITY COUNCIL ARE GOING TO PUSH US TO, TO AT LEAST REACH OUT AND FOLLOW FOLLOW UP. SO I'LL BE REACHING OUT TO ALL THE DIFFERENT AGENCIES, UH, THAT ORGANIZATIONS THAT Y'ALL [01:35:01] ARE APPOINTED THROUGH AND YOU KNOW, LET THEM KNOW THE PROCESS. BUT THAT SHOULD BE HAPPENING LATE, LATE SUMMER, EARLY FALL, UH, TO GO THROUGH THAT WITH HOPEFULLY GETTING TO CITY COUNCIL BEFORE THE END OF THE YEAR, UH, FOR THAT PROCESS. BUT THAT'S KINDA WHERE WE STAND CURRENTLY. WE DON'T HAVE ANY OTHER AGENDA ITEMS COMING UP. NO NEW CODES TO CHANGE. I DON'T THINK WE HAVE ANY DECISIONS ON THE 2024, BUT I KNOW WE HAVE NOT EVEN BOUGHT A SINGLE COPY OF IT , UM, WHICH I GUESS IT SHOULD BE GOING PUBLISHED HERE IN THE NEXT COUPLE MONTHS, RIGHT? SO IT SHOULD BE COMING OUT THERE, I'M SURE WE'LL LOOK AT IT, BUT I DON'T THINK THERE'S, I DON'T KNOW WHAT THE DIRECTOR'S OPINION RIGHT NOW OF THE 2024 AND WHAT TIMEFRAME WE'RE LOOKING AT THAT, IF THERE'S ANY QUESTIONS? YEP. . HEY JEREMY, BECAUSE OF COVID, WE ARE, WE'RE UH, ONE YEAR IN ARREARS TO UPDATING THE BUILDING CODES AND SO ARE WE GONNA GO BACK ON THE SCHEDULE SO THAT WE'LL ONLY HAVE A TWO YEAR DIFFERENCE BETWEEN THE CODES? UH, THAT'S WHAT I, I'M NOT SURE. I HAVEN'T GOTTEN ANY DIRECTIVE FROM THE DIRECTOR YET, SO YEAH, I'M SURE WHAT WILL HAPPEN IS WE'LL PROBABLY LOOK AT IT AND UH, REACH OUT TO THE CONTRACTORS. YOU KNOW, IT'S ONE OF THOSE THINGS, SOMETIMES THE CODES DO BRING SOMETHING THAT IS VERY BENEFICIAL ACROSS THE BOARD. UM, YOU KNOW, SO IF, I'M SURE IF THE INDUSTRY HAS SOME SOMETHING TO STAY ON THAT WE'LL DISCUSS IT WITH THEM. UH, BUT THEN YEAH, IT'S REALLY JUST HOW BUSY WE ARE AND YOU KNOW, WE DON'T WANNA, AND YOU KNOW, WE UNDERSTAND IT DOES TAKE A LOT OF WORK TO GET THROUGH IT ON OUR END, BUT ALSO, UH, DESIGNERS AND BUILDERS TO, YOU KNOW, WE LOOK AT A NEW CODE, BUY THE NEW CODE, REVIEW IT. UH, SO I'M NOT, I'M NOT SURE WHAT THAT TIMETABLE IS, BUT I HAVE NOT BEEN GIVEN ANY DIRECTION ONE WAY OR THE OTHER. I, FOR ONE HAVE MISSED YOU JEREMY, SO I THINK WE SHOULD GET STARTED RIGHT AWAY. , IT HAS BEEN MONTHS, RIGHT? IT FEELS WEIRD. . OKAY. ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, THE MEETING IS ADJOURNED. IT IS 1114. THANK YOU. GREAT. THANK YOU ALL VERY MUCH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.