Showing posts with label purchasing. Show all posts
Showing posts with label purchasing. Show all posts

August 1, 2009

City hired unlicensed contractor to knock down house

For an emergency demolition a year ago, the city hired a contractor to tear down a Fall Mountain Road house.

However, the contractor, Letourneau Builders of 550 South St., that the city chose to raze a three-family home at 385 Fall Mountain Road owned by Melanie Church-Dlugokenski, was unlicensed.

After an investigation, state police last month charged Letourneau, 38, with engaging in the business of demolition without a certificate of registration from the state Department of Public Safety.

City Building Official Guy Morin, who condemned the house and gave Letourneau the order to demolish it, said Friday he thought Letourneau — who was registered by the state as a new home and home improvement contractor — was properly licensed.


“It was a mistake on my part that I didn’t confirm that he had the actual certificate in his hand,” said Morin. “It’s never happened to me before. It won’t happen again.”

Letourneau could not be reached for comment.

Mayor Art Ward said steps have been taken to ensure the city would never repeat the mistake.

“I was quite upset when I was informed about it,” Ward said Friday.

Morin said, though, that he has no second thoughts about whether the house needed to come down.

“It was unsafe. It was open to trespass. It was a catastrophe waiting to happen,” Morin said. “Part of the house had already collapsed.”

Letourneau charged the city $59,600 , a figure that Morin said included asbestos abatement, a job Morin said Letourneau gave to a sub-contractor. “It was a very big house and they did a lot of work,” said Morin.

Attorney Ralph Keen, who represents Church-Dlugokenski, said his client’s civil rights were violated.

Keen said Bristol Police Officer Tom Lavigne, who initially called Morin’s attention to the house, had no right to be on the property in the first place.

According to state police paperwork on the Letourneau case, on May 7, 2008, Lavigne “conducted an investigation of the property … upon reportedly observing an unregistered junk vehicle in the driveway.”

Lavigne looked around some more, the affidavit says, and then called Morin and asked him to inspect the structure.

Morin condemned the house that day, and he and Lavigne posted a notice of condemnation and “secured the perimeter with yellow barrier tape,” the affidavit says.

The following day, Morin ordered Letourneau to demolish the house, according to the affidavit. On June 18, more than a month later, Morin told the city assessor’s office that the building had been razed between June 16 and June 18.

Keen claimed that Letourneau arrived with bulldozers on May 8 and commenced demolition.

“Within one day, the house was essentially destroyed,” said Keen.

But Morin said there were no bulldozers or demolition equipment at the house on May 8.

“She had at least a whole month before anything was done there,” said Morin.

Though Keen acknowledged that the house “wasn’t pristine,” he and Morin differed on the severity of its problems.

“Animals were living in it. Beams were falling in,” said Morin, who said work on the house had been done incorrectly, contributing to the problem. He said there were several additions to the structure and that some of the worst damage was behind an attached garage.

“The roof had caved in. The floor had rotted out. It was unsafe,” Morin said. “There was imminent danger that the main house was going to collapse.”

Keen said the owner’s husband, Don Dlugokenski, was living in the house, but Morin said he saw no sign that anyone was living there.

“It was a total disaster inside the house,” said Morin.

Not so, said Keen.

“The house had stood there in that condition for months,” said Keen.

While Keen admitted that there were “issues” with the roof and some parts had fallen in, that raccoons had moved in – and some had died in the house – he said there was nothing dangerous about it. It was a big house, and no one was living in the problem areas, said Keen, who said it was in the process of being repaired.

Keen maintains that his client, who lives in Terryville, was away in Florida during the demolition and that she didn’t know what was happening until she returned home and found a letter from the city and her house gone.

Morin said it didn’t happen that way. He said there was plenty of time for the owner to make repairs or halt the demolition process.

He issued an order to the owner to repair, but got no response, Morin said.

“She took no action to stop it,” said Morin. “She was happy it was coming down. She had an insurance policy that included demolition of the building.”

It was only after the insurance company decided that it was the owner’s neglect that brought on the problems and wouldn’t pay out, said Morin, that the owner became upset.

Keen said that’s “ludicrous,” that no homeowner has insurance that covers demolition. She had insurance, he said, but she’s still discussing the settlement.

Morin, he said, is “begging for cover” and the city is busy trying to cover its tracks.

Church-Dlugokenski is “emotionally distraught” about the demolition, said Keen.

No lawsuit has been filed over the demolition, said Keen, but one is pending.

Since the Fall Mountain Road house, Morin said Letourneau hasn’t done any other demolition for the city, but has done some boarding up work because, he said, “None of the other contractors were available.”

As the city’s building official, Morin signed Letourneau’s application to the state for a demolition license.

Letourneau told Morin and other contractors that he got the license, said Morin.

“I think he really believed he had a license,” said Morin. “I don’t know why it wasn’t granted.”

City has new procedures now

A month before hiring an unlicensed contractor to tear down a Fall Mountain home on an emergency basis, the city solicited bids from demolition companies interested in getting calls when the building office needed a structure torn down quickly.
The timing was unfortunate, though, because the bids were due on May 12, just after the city hired Dan Letourneau Builders to handle the Fall Mountain Road job.
By June, the City Council had chosen three city firms to handle the emergency work, turning down Letourneau’s bid along with a handful of others.
Purchasing Agent Roger Rousseau said the council established a one-year contract with the firms so that officials would call them on a case-by-case basis if a building had to come down unexpectedly.
He said officials opted to create the list, he said, because they knew that a vigorous new code enforcement effort might lead to a number of emergency demolitions. They wanted to be ready, he said.
The companies that were picked were checked to ensure they had the necessary licenses, Rousseau said.
Once the mistake with Letourneau Builders was recognized last summer, officials paid special attention to the issue.
“We took steps to ensure it won’t recur,” Mayor Art Ward said. By adding more checks and balances to the process, he said, there shouldn’t be any more mistakes.
This year, as the contract ended, the city decided to create a different policy.
Rousseau said that if the building official orders a building razed, the purchasing office will call companies in the business and get price quotes. Before accepting the lowest, he said, the contractor will be checked out to make sure it can do the job legally.
An emergency demolition would require the approval of the mayor and Board of Finance chairman, Rousseau said, as well as a report to the finance panel at its next meeting.
Rousseau said he’ll make sure everything’s done right.
“Everything has to be shown in accordance with all the appropriate qualifications,” Ward said.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

May 21, 2008

City's new budget already $350K in the hole

Two days after narrowly approving a $170.9 million that officials said left them with little extra to deal with emergencies, they got some bad news.
The bids for diesel fuel were opened Wednesday and came in almost 40 percent higher than the city had anticipated, which means an additional $350,000 more than the budget anticipated will likely be needed to keep Bristol’s trucks on the move.
Several of the Board of Finance members who favored a larger property tax hike had urged colleagues to pump up the contingency fund so that City Hall could more easily handle unexpected costs.
But their efforts fell short in the face of the majority’s preference for holding down the property tax increase.
Now it appears that the pinch may be more than anyone could have guessed, with more than a third of the money set aside to deal with a year’s worth of emergencies possibly required to pay fuel bills that came in higher than anticipated.
The city’s purchasing office reported that Buckley Energy offered the cheapest price for diesel at $4.02 a gallon – lower than people will find at the pump, but much higher than the $2.90 cost the budget counted on.
That means every gallon of diesel the city uses during the fiscal year that starts July 1 will burn through $1.12 more than the budget has in it.
Mayor Art Ward took immediate steps to try to lessen the crunch.
He told department heads in an email Wednesday to submit “suggested/real means of immediately initiating/implementing conservation methods in order to lessen the tremendous energy and monetary burdens on all of us.”
He asked them to submit their ideas as soon as possible.
It isn’t clear why the budget used a $2.90-per-gallon figure for diesel costs since the price of diesel fuel has been over $4 a gallon at the pump for more than two months.
The U.S. Energy Information Agency says that while diesel fuel was cheaper than regular gasoline for many years, it’s been higher than gasoline since September 2004.
The reason, it says, is “high worldwide demand for diesel fuel and other distillate fuel oils, especially in Europe, China, India and the United States, and a tight global refining capacity available to meet demand.”
In addition, the agency reports, “The transition to lower-sulfur diesel fuels in the United States is affecting diesel fuel production and distribution costs.”


Earlier version of this post:

The soaring cost of diesel fuel has already set up a situation where the city will need $350,000 more next fiscal year than the budget passed Monday provides for.
The pinch on the already depleted contingency fund just got a lot worse.

Here's what the mayor wrote to department heads this afternoon:

FROM: MAYOR ARTHUR J. WARD

Please read the below email from the City's Purchasing Department. I am requesting that all departments submit suggested/real means of immediately initiating/implementing conservation methods in order to lessen the tremendous energy and monetary burdens on all of us. Please have these submissions in writing to my office as soon as possible.

If you have any questions, feel free to contact the Mayor's office.

Thank you.


Mayor Ward, I opened the bid results today for diesel and we are awarding to Buckley Energy at a cost of $4.0158 per gallon. The economic forecast estimate was $2.90 per gallon, a difference of $1.1158 per gallon. I spoke with the Assistant Comptroller and she determined that $350,000.00 additional dollars will be needed for diesel fuel costs for FY 2009. Let me know if you need any additional information.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

January 3, 2008

Stortz unhappy with report clearing Rosenthal

Just before stepping down as mayor, William Stortz issued a long memorandum raising questions about a contract awarded by the Bristol Development Authority five years ago to a real estate agent assigned to help the Bugryn family find new homes so a city industrial park could move forward.
The agent who got the contract was Ken Johnson, last year’s unsuccessful Republican mayoral candidate.
The initial contract gave Johnson $4,999 for his work -- $1 under the limit at which the agreement would require public bidding – and then Johnson picked up more than $15,000 extra for additional work on the issue later.
Stortz questioned whether Jonathan Rosenthal, the city’s economic development director, had done something wrong in approving the contract.
The answer came this week when the city’s personnel director, Diane Ferguson, completed a three-page, single-spaced report in which she said she “found no evidence” that Johnson’s firm “was selected for personal gain or for any other improper reason.”
"I would agree with that assessment," said city Purchasing Agent Roger Rousseau.
Ferguson did, however, recommend Rosenthal and Rousseau “should pay close attention the letter and spirit of the purchasing guidelines.” She also urged Rousseau to monitor requisitions more closely.
Stortz said Thursday that Ferguson’s report “left a lot to be desired” and failed to answer most of the questions he posed two months ago about the contracts awarded to Johnson’s firm, A Buyer’s Market.
The former mayor said he never alleged “anyone doing anything dishonestly for gain,” only that it appeared that the city’s purchasing rules were broken and the money given to Johnson without written contracts, terms or reports on what was actually done.
“I wasn’t out to bag somebody,” Stortz said, merely to explore an apparent weakness in the city’s purchasing process in hopes of making improvements that would prevent slipshod contracting in the future.
Stortz said the matter “probably won’t go further” given how long ago it happened, but he said he hopes Mayor Art Ward will take the opportunity to make some changes that would protect taxpayers in the future.
“Why can’t things be done the right way?” Stortz said.
Ward, who called Ferguson’s report “appropriate,” said he's going to ask the Board of Finance to revisit the purchasing manual to see that this kind of issue "doesn't present itself again."
"We have to try and visualize what the long-term is," said Ward.
Much depends on the interpretation of what happened back in 2002 and 2003, according to Ward, because the purchases could be looked at separately or as a group.
Ward said it may not be possible to prevent something similar from happening again.
Rousseau said that typically a contract that would lead to more than $5,000 in payments is bid out. He said he doesn't know why the ones granted to Johnson were not.
Rousseau said he can't remember details because it happened a long time ago during his first months in the job. But, he said, this sort of situation "doesn't happen very often."
Rosenthal had little to say late Thursday.
"I haven't seen it," said Rosenthal. "I'll read it tomorrow."
Johnson could not be reached for comment.
Reporter Jackie Majerus contributed to this story.


Contracts awarded to A Buyer’s Market
Sept. 4, 2002 - $4,999 to help with the relocation of the Bugryn family
Jan. 21, 2003 - $5,000 to help relocate Michael and Mary Dudko
Jan. 22, 2003 - $5,000 to help relocate Frank and Mary Bugryn
Jan. 27, 2003 - $5,000 to help relocate Nellie Filipetti
Jan. 28, 2003 - $2,007 for court testimony
Aug. 11, 2003 - $650 for legal fees related to court testimony


Will the report help Rosenthal’s reappointment?
Whether the report will make it possible for Rosenthal to get reappointed and regain his job security is unclear.
"It's basically up to the City Council," said Ward.
But Ward said that no matter what, the report removes the cloud that had been hanging over Rosenthal on this issue.
Ward said he thinks it's up to the city councilors who tabled the vote on Rosenthal's reappointment last month to open the issue up again.
"It's up to somebody to take it off the table," said Ward. "If it comes off the table, then I'll present the name again." – Jackie Majerus

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

October 1, 2007

Local bidders could get a boost

To make it easier for Bristol firms to win city contracts, officials may revise the rules that govern the local bidding preference for municipal contracts.
City Councilor Ellen Zoppo said that a recent Rockwell Park contract showed why officials should review the bidding rules to make it easier for city firms to win contracts.
The city awarded a $1.6 million contract to Schultz Corp. to the initial work of renovating the historic park when a city contractor, Tabacco and Sons, offered to the do the job for only slightly more.
The city’s Board of Finance currently allows local bidders on contracts of less than $300,000 to match the best price and get the job if they are within 4 percent on the price.
Roger Rousseau, the city’s purchasing agent, said that in the years the policy has been in place, there’s been no sign that it’s cut into the willingness of out-of-town contractors to seek city business, an initial worry when the policy was enacted.
Officials said they picked the $300,000 arbitrarily and could revise it upward.
Rousseau told the finance board recently there’s been talk of reexamining the policy and commissioners might want to revisit it.
Mayor William Stortz said that many larger contracts include state or federal money that require the city to follow their guidelines on bidding, which don’t allow for local bidding preferences.
Finance commissioners said when they put the policy in place that they wanted to lend a hand locally to businesses that pay taxes in Bristol and offer employment to residents.
But, they said, they didn’t want to do anything that would result in taxpayers shelling out more money to get projects done and contracts filled.
Some communities have no upper limit for local bidding preferences and some allow firms as much as 10 percent off the low bid the chance to match it.
It’s unclear what, if anything, Bristol might change.
For those who are keenly interested, the Board of Finance subcommittee dealing with this issue is meeting at 7:30 a.m. Tuesday in the conference room of the city's purchasing department to talk about it, among other issues. I won't be getting up that early.

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com