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Friday, October 4, 2013

DOES THE MINNESOTA STATE BUILDING CODE REALLY MATTER?

YES, OF COURSE, IT  DOES!   WHY?
Because it is designed to keep us all safe.  The authority for the Code comes from the good old "to protect the general health, safety and welfare" intent and purpose for such codes and for laws in general.
In its Ordinance, Eureka has adopted the Building Code and any updates to it, as well it should to protect its citizens.

As you know, the state legislature has given farmers "a break" by making agricultural buildings exempt from the Building Code. However, the public is still protected because an agricultural building may not have the public inside of it.  If it does, it is no longer an ag building.  As mentioned before, the state statute is very specific on this.  That is why the Township (credit going to a Planning Commission Chair from some time ago who recognized the need) requires anyone asking for an ag building to sign an ag exemption form which clearly lays out the statutory specifications for such a building to qualify.  This, along with a very nominal $25 application fee (no permit fees), is all that is necessary from the Building Code aspect.

It is also a fact that the Township receives some of its revenue from its share of any permit fees that are collected under the Code.  Because of the sluggish economy of the last few years, this revenue has dropped precipitately and, as a result, affects us all as taxpayers.  Whatever does not come in through permit fees has to be made up to meet the budgetary requirements for the Township.  And you know how that is done!

As discussed at the last Board meeting, the contract for the Township Building Inspector/Official expires at the end of this year.  As reported earlier, it appears from various actions and comments that there are members of the Board who may not have any interest in renewing Scott Qualle's contract.  The last contract to his firm, MNSPECT, was for three years.  Yours truly was on the Board at that time and was glad to give him a longer contract than for just one year as he had demonstrated good job performance.

Much earlier, as a Planning Commissioner, I was asked by Chair Mike Greco to go through the files of the Building Inspector contracted by the Township at that time.  This was in an effort to determine what permits were still open and which had been closed, very like what is done today by our current Planning Commission. Unfortunately, I had to report to the Commission and the Board that I found the files in what I could only describe as disarray.  There were forms that should have been there that were missing, things were certainly out of order, and it took me hours and hours to make sense of it.

Because of my efforts in that respect the Board at the time actually invited me to help them interview applicants for the position when they let the contract that was in effect expire.  Mr. Qualle was one of the applicants.  In my opinion, he was clearly head-and-shoulders above the other two applicants.  He was very professional in his demeanor and in the way which he described his job as he saw it.  I remember telling the Board that I thought he was "a breath of fresh air" for this position.  I meant that figuratively AND literally after having waded through the former Building Official's files that were heavily permeated by cigarette smoke!!! (My lungs still shudder at the memory.)

I then had, and still do have, a lot of confidence in Qualle's ability and willingness to do his job right.  (As a reminder, it is in the minutes and on the recording that I referred to in an earlier post regarding ag buildings that allegedly are not being used for ag, that he explains to the Board--not for the first time-- that he is bound by state statute and his license to do as he has done in performing his job.)

The current Board Chair, Pete Storlie, is, of course, quick and careful to say publicly that Scott can certainly apply for the position again if he so chooses; in my view, Pete would be crazy to say otherwise, especially given what I would call the "tiffs" he and Mark Ceminsky have gotten into with the Inspector on these matters.  I, for one, though, have little doubt that Mr. Qualle has the proverbial snowball's chance, unless he is the ONLY applicant or the others are so dismal that even Mssrs. Storlie and Ceminsky, along with their brother-in-arms (my opinion, folks, and it's still a free country), Steve Madden, have no choice but to give him the contract again.


It should be noted as background that back several months ago, the Board, at which Supervisor's (s') instigation I couldn't say exactly, not being the Attorney Liaison (although I don't see it as a stretch to guess who), spent money asking the Township Attorney if different "items" he/they had "come up with" would constitute cause under his contract for dismissing Mr. Qualle.  The answer, at how much Township expense I don't know, but we could find out, came back pretty much a definite "No" on each "count." The Board member(s) who instigated this apparently gave up his/their pursuit of this as no more such questions were put to the Attorney.  At a later time, "a" Supervisor (since I can't remember definitely which one of two it was, I won't say who) stated at the Board's public meeting that "it's too bad we have to continue with the current Building Inspector" (since we can't come up with legitimate cause for dismissal) or words close to that, parenthetical words being my interpretation.  It is also of note that in most local governments, elected officials strive to work closely with and have a good relationship with their building official who is, after all, only helping them conform to Code in their permits.  Some on this Board seem to have a markedly different approach to this.

For their part, Supervisor Budenski and Supervisor Miller have appeared generally more supportive of our Building Official.



We get the government we deserve, in my opinion.  As a fellow citizen, I ask you to keep your eye on this topic and watch what the Board does.  Offer your opinion to them, whether it agrees with mine or not. Show up, as they say. It is in all our best interests on a number of levels that Eureka have a competent, professional, and experienced Building Official.







2 comments:

  1. Mr. Qualle has been a breath of fresh air. The building inspector before Mr. Qualle billed the Township for and was paid for an inspection on my property he never did! I think if anyone reviews the past Town Board minutes, listens to the CD's or has attended meetings might come to the conclusion that politics regarding a few members of the Board could perhaps indicate interference with Mr. Qualles' ability to perform his job as required by the State Code. Keep your eyes and ears open, folks! Has anyone heard the term "good ole boys club"? Some times the "proof is in the pudding." Attend the next Town Board meeting October 14; it just might be worth the trip!

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  2. This is just an example of more of same....no matter the subject; exotic animals, a junk yard, noise violations, set back violations....the first question from the board is not about ordinance violations but rather who is involved. Does the board really know what their role as public elected officials is? To ignore Township Ordinances for some people? It's time for each Commissioner to get back to basics, what is my responsibility to the citizens of Eureka Township? (and why is it no matter what the subject "Busy Body Butch" is involved somehow? Butch stay home and clean up your own mess.)

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