HomeMy WebLinkAbout2010 Apr 2-5 - Memos, Emails Re: Renovations and Building Permits pF�Y'"iJ�+ BC��RD t�F
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R�ben C. Lawton, �r.
INTEROFFICE MEMORANDUM
TO: DEPARTMENT HEADS
FROM: ROBERT C.LAWTON,JR. � �
TOWN ADMIIVLSTRATO$s`� �
DATE: APRIL 5, 2010
SUBJECl': BUILDING PERNIITS
I would like to re-emphasize my point at the April l,2010 Department meeting where in I asked that
when you are doing any building consuvction or repairs you contact the Building DeparUnent before
you start to work to ensure that you aze going to be applying for the correct building permits, you
have a licensed contractor,and you have the appropriate plans and other material which is required
by the Building Department.
It has recently been brought to our attention that one or two departments have undedaken building
pmjects without all of the necessary pemuts. A quick call to the Building Deparanent will save
problems after the job starts. If you have any quesGons conceming either by request or the
information which can be provided by the Building Department please contact either me or Jim
Brandolini.
Eh/1
Page 1 of 1
Hartsgrove, Elizabeth
From: Bill Moran [fedresource�comcast.net]
Sent: Friday,April 02,2010 7:49 AM
To: Theuret,Sherry; Groskopf,Aubrey; Lawton, Robert; Erik Tolley; McAulifte, E. Suzanne: Selectmen;
Sullivan,Jerane;Hoben,Jim; Almonte, Michael
Subject: publlic safety
To: 8oard of Selectmen
From: William Moran
Re: 4/1/2010 at 1630 hours
1. At the above time and place, I was in ihe Town Administrator's office conducting other business, when the
Fire Chiet walked in and requested to visit with Peter Johnson•Staube.
2. Elizabeth Hartsgrove, Executive Assistanl informed the Chief that Peter Johnson-Staube was'riusy'.
3. At no time was the Fire Chief asked what ttie purpose, prioriry andlor need of his visit.
4. The Fire Chief to his credit,tumed away withoui comment and left the building.
5. 1 questioned Ms.Hartsgrove as to what could be keeping Peter Johnson-Staube so busy that he didn't
have 2 minutes to find out what was the purpose oi the Fire Chie('s visit.
6. Ms. Hartsgrove response was Peter Johnson•Staube was simply too busy and didn't want to be 6othered
by anyone.
7. At no time did I perceive Ms. Hartsgrove to be disrespectful, but she was merety following instructions
given to her.
8. Pefiaps Peter Jahnson-Staube would have been able to better manage his time during the last 2 days if
he hadn'1 been consumed with the NON-PERMITTED, NON-LICESNED, NON-COMPETED
CONSTRUCTION, which as depaRment head of Community Services he authorized at the Bass River Golf
Course.
9. The NON-PERMITTED, NON-LICESNED, NON-COMPETED CONSTRUCTION, is now the subject of a
STOP-WORK-ORDER.
10. The NON-PERMITTED, NON-LICESNED, NON-COMPETED CONSTRUCTION, is now the subject of an
OFFICE OF INSPECTOR GENERAL complaint for circumvention ot the constructia� bid laws and the
complaint has been filed by muRiple contractors.
11. The NON-PERMITTED, NON-LICESNED, NON-COMPETED CONSTRUCTION, is now the subject of a
complaint to the Massachusetts Office of Public Safeiy by multiple local�ntractors.
12. I can only assume that trie Fire Chief had good cause to leave hi5 work place during the business hours fior
a matter pertaining to pu6lic safety.
13. Or perhaps the Fire Chiel had already completed his duties for the day and was utilizing his own time to
speak to Mr.Johnson-Staube on a matter regarding public saFety.
14. In either case,what I witnessed was disrespectful to the Fire Chief and his positbn within the community.
15. Perhaps public safety is of little importance to Peter Johnson-Staube.
16. In the last 24 hours he has been found to be utilizing non-licensed coMractors on a job site wiUiout permits.
17. And then he was too busy to address one of our town's public safery officials,the Fire Chief.
I8. Perhapslexpecttoo muchfrom PeterJohnson-Staube.
19. Or perhaps we residenis have set the bar too low.
I REQUEST THAT THIS LETTER BE PUT INTO THE SELECTMEN'S PACKET.
Respectfully,
Bill Moran
4/2/2010
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MEMORANDUM QPR �2 ZOIO
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TO: Robert C. Lawton,Jr.,Town tldministrator
FROM: Peter Johnson-S[aub,Assistant Town Administrator �j Z�
t J �
SUBJECT: Mr. Moran's�lllegations of4/1/2010
Tltis memo responds the allegaUons contauied in the attached email from Bill Moran. I had closed
my door late yesterday aftemoon so that I could complete the capital unprovement pian report
(shortly afrer 7:OOpm) which is in this weck's packet and serves as [he source document for thc
capital improvement plan hearing on the Selectmen agenda for 4/6/2010.
The Fire Chief was not in the office yesterday afternoon. I believe Mr. Moran is reEerring to Deputy
Fue Chief Rober[Kelleher. I received a message from Liz Hartsgrove to call the Depury which I did
shordy a$er S:OOpm. He came ta rhe office some 10 minutes later and we addressed the matter
which was the purpose of his visit. The subject was not a time-sensitive pubGc safety matter. 1 un
confident that Depury Kelleher has the expenence and judgment necessary to know when there is a
matter of urgency requiring my unmediate attention.
Mr. Moran and Niall Hopkins did consume a great deal of my time as well as yours and that of the
Building Coinmissioner and several of his employees in connection with a permitting issue at the
Bass Rivec Golf Course.The Building Comrnissioner took prompt acuon to redress the matter when
he fust leamed of it on March 30'" but Mr. Moran and Mr. Hopkins have brought rhe matter to you
and me repeatedly seeking various records and expressing their dissatisfacdon with the actions of
various Town officials.
Attachment •
cc: Boazd of Selectmen
Robert ICelleher, Deputy Fire Chief '
//Moran allegations 4-2-10.doc - �
• ry Page 1 of 4
Hartsgrove, Elizabeth
_ .._ . . ----___.__--_�..__.__ __._ __ ____ __._.. — -;-_ -
From: Hartsgrove, Elizabeth ` : -- -- � -- -- ^
Sent: Friday, Apri102,2010 9:31 AM APK 0 'L 2010
To: 'Bill Moran'
TOV�N=G,•�.:r�,_TF2ATCR .
Subject: RE:
Thank you Bill for forwazding that letter before the deadline.
Mr. Hopkins' letter will be in the April 6�h Board of Setectmen Informational packet.
-Liz
E(izabeth G. Fiartsgrote
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Q�Please consider the environment before priMing this e-mail.
from: Bill Moran [mailto:fedresource@comcast.net]
Sent: Friday, April 02, 2010 9:30 AM
To: Hartsgrove, Elizabeth
Subiect: FW:
Please place the folbwing letter in Selectmen's packet
From: Niall Hopkins Buflders, Inc. [mailto:sales@nhbirx.net]
Sent: Thursday, April Ol,2010 2:07 PM
To: fedresource@comcast.net
Subject:
Niall Hopkins Builders Inc
21G Fruean Ave
South Yarmouth
MA 02664
508-394-4986 Tel
508-394-4989 Fax
Dear Mr. Graskopf,
My name is Niall d Hopkins I am a licensed building contractor in the town. I live at 118
Lakefield Road in South Yarmouth with my wife & 3 children. My business has been active here in this
town for 12 yeazs .I am a general conuactor and I perform both residential &commercial construction.
My compariy is licensed by the state of Massachuseus and I carcy both liability & workers eompensation
insurance. A part of my business involves municipal construcaon projects. Among many of the state
projec[s [have completed work on, are the Oak Bluffs town hall, the Martha's Vineyard airport and the
Brooks Academy in Hazwich.
4!2/2010
Page 2 of 4
On lanuary 26, 2010, I received a bid package from the Town of Yazmouth Golf Department.
The package was for a Handicap Access Ramp .When I received the package, t realized that the package
was somewhat incomplete. The package stated that workers on the project must be paid prevailing
wages. In order to pay prevailing wages, a rate of pay must be determined by the bid department in the
State house. They aze responsible fot striking the appropriate rate, and in turn this rate is always in t6e
package. With this information contractors are capable of bidding accurately on the project. Without
this information contractors are generally bidding on the unknown. This item was only one of many
mistakes contained in the package. I proceeded to contact the bid process line, to attempt to find out
what indeed the rate was to be, and I was informed that a rate had not been struck, as the State was
unaware of any projects at the Bass River Golf Course. I then relayed this i�formation to the package
coordi�ator, Mc Ron Hewins. He then told me to bid the project to the best of my experience, and that
he had already received a bid. I then put together the best proposal I could, based upon the information I
had available. My bid was Estimate#84 dated Mazch 29�h, 2010. It was sent via email to Mr. Hewins.
On March 30�h, 2010, I made a site visit to the Bass River Golf Course. This had been my third
site visit.The purpose of my visit was to ensure that that everything I had bid on was as accurate as
possible, that the area was prepared for wnstruction of the ramp. When I pulled inro the parking lot of
the golf course, I noticed a vemendous amount of consvuction taking place.The complete exterior of
the clubhouse and the baChroom areas were being re-sided; walled with an extremely expensive product
called Hardi Plank Siding. This is a concrete composite siding product, which has to be installed in a
certain manner,to meet with manufacturers specifications and to meet [he current Building Code.
I also noticed that the majority of the trim was being replaced with a new wmposite trim.This
trim is also extremely expensive and has to be installed in a certain fashion. I also noticed that the
bathrooms' had under gone a tremendous transformation. I then went to look for the permit, as a
compiete set of construction plans is requ'ved by code to be with the sign off card. My purpose to look at
the card was to ensure that the handicap ramp had been properly permitted,and that the ramp was the
same as what I had bid on. I enquired with a construction worker, on the site, of the Iocation of the
permit. He directed me to an area at the fmnt of the building, where pinned to the wall, I found a
demolition permit. This permit listed the cost of demolition to be$1000.00:this pennit had been signed
off by four different building inspectors. This is unusual as this is a demolition permit. The rough frame,
rough plumbing and rough electrical,as well as the insulation, had all been signed off on this perrnit
card. I could not find the construction plans, so I inquired with the gendeman running electrical wires, if
there was, in fact another building pennit. He informed me that he was unaware of one, but as it turns
out,he was In fact a licensed construction supervisor and the liceosed elecaician on site. I the left the
bathroom area,and walked over to the clubhouse,to inquire with Mr. Hewins, if the was another
building permit. He pointed to a permit in the clubhouse office window. This permit had estimated
construction cosu of$10,000, and had not been used to sign of on any of the work that had been
completed. I then inquired if there was a full set of construction drawings available. Mr. Hewins then
continued to inforrn me that he did not know of any construction plans. I then called the Yarmouth
Building Department,to inquire what building permiu where open on this job. Mrs. Linda Cipro
informed me that there where only two building permits issue, one for the demolition and one for the
construction of new ADA compliant bathrooms.There where no construction plans on site, and there
were no permiu for the new exterior trim or siding. I then asked for Mr. Brandolini. When transferred, I
then relayed to Mr. Brandolini what I had found. I then told Mc Brandolini, I was coming down to the
Yarmouth Building Department ro speak to him, when I arrived at the building department, I relayed to
Mr. Brandolini what I had witnessed at the golf course.He then told me he would investigate. I aLso told
him at that point thaz the town employee was running electrical wiring when[was at the golf course,
and this was a code violation, because the electrical wiring had been signed off, as was the plumbing. I
4/212010
Page 3 of 4
told Mc Rrandolini that I could go back with him to the golf course and show him everything I had
witnessed. He agreed, and we proceeded to the golf course.
When we arrived at the golF course, Mr. Brandolini met with the construction supervisor,
employed with the town. At that point the door was shut in my face by the golf pro. The golf pro then
informed me that Mr. Brandolini would see me shortly. I chen waited and observed the ongoing
construction, noting numerous construction violations, Mc Brandolini thea met with me, and we both
walked the site while I was point out the violation immediately visible to me. Mr. Brandolini then
informed me that there was no permit for the exterior work already completed. He then requested that
the contractor doing the exterior work go to the town hall immediately and take out the appropriate
permit.
I then informed Mr. Brandolini that the contractor would be unable to do so, as it was after
2.00pm and the building department was closed. Mr. Brandolini tumed to me and informed me that we
would make a special exception for this contractor. I found this unusual, but the job needed to be
permitted.The town employee, who we where informed by the building department, is also a licensed
electrician, brought to Mc Brandolini attention some existing low voltage DC wiring,to attempt to
discredi[previous contractors who had worked at the golf course. I then proceeded to remm to the town
hall, to inform the town administrator, Mc Lawton,of the violations occurring, at that moment at the
golf course.
While in Mr.Lawton's office, talking with Mr. Moran and Mc Johnson-Staub, I received a
phone call from the golf depaztment, informing me that my bid to consttuct a handicap ramp at the golf
course had been withdrawn. I was shocked and asked Mr. Hewins why they had decided to withdraw my
bid. He told me that the golf department had decided they where going to build the ramp them shelves,
and that the method they had put to bid was too expensive.
After the phone call, I retumed to Mr. Lawton's office, as Mr. Brandolini was walking in. I asked
Mr. Brandolini how much the contractor had put as a cost of work on the new permit he had just applied
for. Mr. Brandolini then informed me that the contractor did not put in for an application for a building
permit,as he was unlicensed. I then asked Mr. Brandolini if he was going to put a"stop work"order on
the project, as the contractor was unlicensed. Mr. Brandolini told me there is a"stop work"order in
place now!
While at Mr. Lawton's office, I inquired about the bid process,and I informed Mr. Lawton that
the project had exceeded$10,000 and at this point, in my estimation and professional opinion, it was in
the region of$100,000.
The town should have done their due diligence in making sure that any contractors hire by the
[own aze duly licensed and insured and all permits are in place. Every building inspector, in town, would
have had to pass by that work, and should have noted it was not permitted correctly.The bathroom
permit is incomplete. If a general contractor submitted a incomplete construction package for any
project,a permit would not be issued.
I do not believe that this project can be completed efficiently, in the time required. I believe that
it is in[he towds interest,to sub-contract the entire project immediately. Having town employees' work
on this project is not beneficial to the taxpayers.These employees have other tasks,which are being
neglected. I have,on hand, the experience and the labor to complete this project efficienUy. I am
familiaz with [he project, and can have this project completed for[he town, in order to have this facility
available for the up coming golf season. This is imperative, as this is a lazge source of revenue for the
town.
Please keep me informed the progress of this project.
4/2/2010
f
• Page 4 of 4
Yours sincerely,
Niall Hopkins.
4/2/2010