Although the Towboat /US manager has been complaining about conditions in the new building at the Harbor for nearly two years, and in spite of the building still not meeting the standards for a certificate of occupancy, the Harbor Commission unanimously denied Capt. Harold Smith his request to be released from his lease for rental of the building at the Harbor.
However, earlier in the meeting, Commissioner Chair Thomas Wall read a brief statement, updating what has been done to the building Smith has been complaining about since it opened in January 2020. Wall outlined anticipated near-future repairs and installations which should permit it to meet the proper standards for occupancy for the first time since the building was constructed by Kappa Construction Co. and leasees permitted to move in January 2020. Smith has been paying full rent for his leased space in spite of his complaints that the building did not meet certification standards and neither the Harbor Commission nor the governing body has done anything about it. The lease turned to the governing body when he failed to get any action from the Harbor commission, and was advised it is a Harbor Commission matter.
Tuesday night, Wall said inspections have recently been made at the building rented by both Smith for TowBOAT/US and Stae Police units and outlined what has been done and what is anticipated to be completed this month.
The chairman said the mold concern expressed by Smith at several previous meetings was inspected by Centrex Environmental and the air quality in all sections inspected appear to be within proper parameters, and no further action will be taken.
On the issue Smith has cited since the beginning concerning shut off valves being properly placed for unit heaters, Wall indicated Smith’s complaints have been justified and required shutoff valves will be installed and completed by Nov. 10.
On the issue of venting in the bathroom trailers, Wall said they need to be vented to the exterior as Smith has pointed out. That, too, will be corrected by Nov. 10.
The leaking Smith has complained about in his office as well as the State Police officers was also addressed, Wall’s statement read, and condensation has been observed and corrective action will be taken this week.
During the public portion of the meeting, resident Mark Fisher reiterated his criticism of lack of, and improper action he had cited in an earlier meeting, saying “ The Harbor Commission attorney will not allow the appointed Commissioners to speak about the sub-par construction of the …building in the Harbor that the taxpayers own.” He added he has checked six months of approved minutes and noted “there has been zero executive sessions scheduled or requested by the Commissioners for the specific purpose of discussing and documenting how the appointed Commissioners, on behalf of the taxpayers who own the building “arrived at their consensus to give explicit and limited direction to the attorney.” He cited the Open Public Meetings Act that specifies how matters, including legal issues, are discussed and documented in closed door executive sessions and pointed out they must be discussed or documented how the Commissioners, on behalf of the trough’s taxpayers, who own the building arrived at their consensus to give direction to the attorney. “Why else would we have a quasi-judicial Harbor Commission to make decisions” for the residents if they are not discussed publicly so the residents know what’s going on?
Fisher questioned the board since he has been told that the committees involved with working on the situation have been pursuing rectifying the building problems and he wanted to know how it could be possible without formal action. The attorney, Michael DuPont countered that an executive session during this meeting will be held so the commissioner can decide on how to move forward and give him direction and action would be taken that evening.
Smith also addressed the commissioners, once again reiterating his frustration at conditions not being completed on the building and expressing hope that after two years it is finally moving forward. “Nobody’s talking to nobody!” he told the commissioners in obvious frustration, citing the number of times he has spoken to the code enforcement officer and “never got any thing “ in spite of the obvious code violations. “The ball has been dropped….” He said. Smith once again asked for a response on his request to be released from his lease, questioning the length of time it is taking the Commission to respond. “I’ve been sent bills, I’ve been sent contracts,” he said, asking why he should sign anything when no one has responded to his request for lease more than three months ago.
Following an executive meeting during the meeting, the commissioners returned to open session and unanimously approved four motions: one to authorize a water infiltration and topographical survey, one to make repairs to the trailer and office units, one to repair the trailers for outside venting and one to finance the individual valves to be installed for the heating units, all matters Smith has been bringing to their attention for almost two years.
The Commissioners also unanimously denied Smith’s request to be released from his lease, citing the current situation , the progress they are making and the ongoing discussion and mediation for other matters discussed during the executive session. Before approving denying Smith his request, Councilman Steve Boracchia wanted it clear the commissioners had the right to revisit that action should it be necessary to re-consider it in the future
