“It seems to me you’re driving me out of town, so just release me from my lease and I’ll go elsewhere,” a frustrated Harold Smith told the Mayor and Council at last week’s meeting.
Smith, who runs TowBOAT/U.S and has been a tenant at the Municipal Yacht Harbor since 1998, is understandably upset. He has been seeking to have the building contractor fix the five major problems that have existed since the new $1.3 million building at the harbor was completed 20 months ago. Smith moved into the top floor of the building, renting approximately 350 square feet of space with incredible broad sweeping views of the harbor, the piers, and the water beyond.
But inside the building, there are a series of problems that have not yet been addressed by Kappa Construction, the firm who built the building in 2019. Nor have either the Harbor Commission to whom Smith pays rent, nor the Mayor and Council, to whom he turned when nothing was getting accomplished, done much to correct his situation.
Smith told the council there are five primary problems which need to be addressed and corrected. In spite of some of them reportedly being repaired, it isn’t so, Smith said. As an example, one of the complaints was about the front door closure. Sometimes it closes, sometimes it closes halfway, sometimes not at all. There have been a couple of attempts to secure it properly, but once the weather changes, or something else happens, the door is back to working occasionally. Simply replacing it would be the more efficient solution.
Then there is loose siding on the building exterior. Smith said that after Thursday’s meeting, Councilman Brian Boms came to his office, reviewed the problem and immediately took action.
While the loose siding and front door appear to be minor problems, there are more serious results than both of them, a visit to the building will show.
Although less than two years old, the entrance to the building at street level frequently gets water in heavy rain. And always has. That is evidenced in the amount of rust along the stair railings, the metal around the elevator shaft, as well as the metal structure within the shaft area the elevator slides on.
Smith had pointed out that standing water has also caused mold buildup in several different places. This week he took samples from one or two areas where mold is evident and is giving them to the borough administrator as further proof of his concerns for the building and the health and safety of all who use it. The mold tests, although not professional but available for use by any building owner, definitely show a rapid and unhealthy growth of mold.
The water conditions in the building have also left a malodorous entry in the building. That has been reduced somewhat, Smith said, although the air has been dry so he could not be positive. What could be seen, however, in the area beneath the stairs where water stands for a while in heavy rainfalls, someone had ‘repaired’ or eliminated the smell simply by scattering sawdust or cat litter.
As attractive and neat as the TowBOAT/U.S. office is, a far more dangerous and invisible construction error exists and could be fatal at some point. Building codes mandate that all gas fired equipment must have a shutoff valve easily and readily available close by in the event of a gas leak or serious gas problem. The air conditioners in this office as well as the State Police, are all gas-fired. But the shut off valves are nowhere to be seen. For TowBOAT/U.S., the valve is out the door, down a flight of steps and located somewhere at another level.
Nowhere near anyone in an office with a gas leak has access to the shut off valve.
Smith said the plumbing inspector apparently did not notice or think it was unusual, or for some other reason did not address the situation before the building was approved. But when he visited more recently and saw it, he agreed it appeared to be in violation of the building code and hopefully that matter is being addressed sometime this month.
These are the five main problems in the building, Smith said, the lack of accessible shutoff valves in his office and the State Police office, the front entrance leaks, the front door closure and the loose siding that still exists even after the falling piece has been replaced.
It’s not that Smith is an impatient man, far from it. Nor is he unreasonable.
When he first moved into the harbor in 1998, he operated from a trailer in the yard until a building was constructed. He moved into that building, and was there when it was destroyed during Hurricane Sandy. After Sandy, he moved into a trailer once again where he spent the next eight years, paying rent to the harbor while the borough and FEMA argued over funding to replace the building.
Kappa Construction Co. a local firm that has done many municipal building jobs in the area, including the Sea Bright municipal buildings and the currently under construction Highlands Borough Hall, was low bidder and built the current building with Smith moving in in January 2020.
Smith told the Mayor and Council he wanted to be released from his lease he just recently renewed, since his many pleas to the Harbor Commission have included many promises the situation would be corrected but little actual repairs.
He said “you’re running me out of town” by failing to bring the building up to standard and explained all about the sewage gas that emanates in several places in the building, the cheater valve that is still in place in the bathrooms, and the lack of respect he feels he received from at least one Harbor employee when he attended a meeting of that commission. He noted that he has been promised as far back as January of this year by the Commission that the issues would be or have been corrected. It still has not happened.
Smith, who told Council he spends upwards of $80,000 a year in the harbor between his lease and fuel purchases, also has a reputation for being helpful and adept at his job. Harbor users have praised how he worked above and beyond after Hurricane Sandy helping to get sunken boats raised and the harbor back into working order and the excellent quality of his work and his attention to customers .
A check of the minutes of the Jan. 11, 2022, confirmed Smith’s Statement and concerns were discussed but have not been properly addressed since problems still exist.
Under the Assistant manager report the minutes say “FEMA has agreed to revisit the overages on the TowBoat building project and the manger gave specific details, saying “the vent issues in the building bathrooms have been corrected and there should be no further odor issues in the building.”
Borough Administrator Robert Ferragina also said this week “The borough has been in constant communication with the contractor to remedy any/all issues and complaints. It is our intention to be proactive as we value all of our tenants in the harbor.”
While Council took no action on his request to be released from his lease if corrections are not made, Smith said he is hopeful things will be corrected in full this week and he will be able to continue to work in his office in safety and comfort.
