AS EUREKA TURNS!

As of January 31, 2014, Scott Qualle of  MNSPECT Inspections is no longer Eureka's Building Inspector. Mr. Qualle contracted with Eureka as the Building Inspector on January 1, 2009. His role as our Building Inspector was to protect the health, safety, and welfare of residents by ensuring that all buildings are constructed and improved in compliance with the Minnesota State Building Code and the Eureka Ordinances. In my opinion, Mr.Qualle conducted his responsibilities with integrity and a strict adherence to the Building Code in spite of a somewhat contentious climate to work in within the community.

Following are relevant excerpts from the Township minutes and correspondence:
      
At the April 8, 2013, Town Board Meeting, Supervisor Steve Madden commented that "he does not feel that the Building Official should have the authority to write citations. He should only be able to write citations with permission of a Town Board Supervisor or a vote from the Town Board." Controlling and uninformed?  I believe Supervisor Madden would be well-served by reading the letter from the Eureka attorney, Trevor Oliver, dated February 11, 2012, which states "the Town does have an ongoing duty to ensure that existing buildings are maintained in a safe condition. The Building Official is primarily responsible for carrying out this duty." The Township attorney also stated during a meeting that the Building Inspector has the authority to carry out his contractual obligations independently and does not require "Board permission'' to do so.

Steve Madden, Mark Ceminsky and Pete Storlie

During a Town Board meeting (refer to previous blog) Supervisor Storlie admitted in the presence of Scott Qualle that he had advised a citizen to IGNORE a letter asking him to bring his buildings into compliance.
Perhaps Supervisor Storlie should also refer to the above-mentioned letter from the attorney where Oliver states "To carry out this authority, the Building Inspector has an obligation to pursue an inspection of a building when the official has reasonable cause to believe that there exists in a structure or upon a premises a condition contrary to or in violation of the code that makes the structure or premises unsafe, dangerous, or hazardous. If the Building Official believes an inspection is warranted, the official may request entry to the premises to conduct the inspection.  If entry is denied, the Building Official may obtain an administrative warrant from a District Court judge to secure entry to the building. Minn. R. 1300.0110, subp.7." The Building Official's job is difficult and he deserves to be supported by a Supervisor, not undermined by him.

Supervisor Ceminsky demonstrated such support when he stated in the February 2013 Town Board minutes, "Mr. Qualle was experiencing difficulties in working with incomplete and, in some cases, missing records of permits from the previous Building Inspector." "Missing past permits and records are sketchy. Scott is not sure he is getting all the correct information he needs prior to inspections. We (the Board) know his (Scott's) records are straight."

During the Town Board meeting on September 2013, Supervisor Storlie stated that the Town Board
"should not re-sign the current contract which expires December 31, 2013. If the Town Board does sign another contract with MNSPECT, it is a contract that represents both sides and is fair with opt-out clauses for both sides as well." The Town Board agreed to develop a new Building Inspector contract.

At the November 12, 2013, Town Board meeting, Scott Qualle graciously, when asked, granted the Township a 30-day contract extension so it would not have to do without inspector services. The Board agreed to publish a RFP (Request For Proposal) to be published in the newspaper for building inspectors to submit a proposal if interested in working as a Building Inspector in Eureka.

I believe 15 RFPs were mailed to various inspectors and only Mr. Qualle of MNSPECT, our current Building Inspector, submitted a proposal to be considered by the Town Board by the deadline posted. Chair Storlie requested time to "shake the bushes" (my term) and extend the deadline.

I attended and video recorded the January 30 special Town Board Meeting. Mr Qualle was present to represent his RFP. Chair Storlie opened the sealed envelope which contained Mr. Qualle's submitted proposal for consideration. Mr. Gilmer's proposal was not in an envelope, but on the desk in the front of each Supervisor. Chair Storlie distributed 5 copies of Mr. Qualle's proposal to each Supevisor. Chair Storlie placed his copy of Mr. Qualle's RFP next to his waterbottle and NEVER opened or reviewed Mr, Qualle's proposal. It appeared Chair Storlie's mind was made up before he came to the meeting. Butch Hansen, Phil Cleminson and Allen Novacek attended the meeting.

It is my understanding that Chair Storlie and Supervisor Ceminsky encouraged Darrell Gilmer, our current Septic Inspector, to apply. Mr. Gilmer was not present to answer any questions the Board might have regarding his proposal. Mr. Gilmer submitted a proposal agreeing to a 90 day contract with an option to negotiate after 90 days rather than the requested 24 month contract. A discussion took place regarding the time discrepancy and it was decided to communicate further with Mr. Gilmer regarding the issue. Supervisor Ceminsky stated that Mr. Gilmer and an inspector from Prior Lake stated to Ceminsky that Scott had told ALL (Mark's words) inspectors not to apply as it is difficult to work in the Township. Mr. Qualle approached the Board and stated that this was not accurate. Supervisor Budenski stated that Mr. Ceminsky's comments were only hearsay and should not be considered. Supervisor Ceminsky said "Who should we believe?  Without asking Mr. Qualle to represent his proposal, Chair Storlie quickly made a motion to accept Mr. Gilmer's proposal and arrange a meeting with Mr. Gilmer to negotiate his terms. Supervisors Ceminsky, Storlie and Madden voted yes; Supervisors Budenski and Miller voted no.

Mr. Qualle's contract expired the following day, January 31, and his obligation to the Township also ended.  Chair Storlie asked Mr. Qualle if he would complete his open permits. Mr. Qualle stated that he would like to continue as the Township Building Inspector; however two building inspectors in one Township was not allowed.  Chair Storlie stated "that is not what I asked." Mr. Qualle acknowledged that "of course" he would provide the Township with the necessary paperwork for the outstanding permits.

The following day I had a conversation with Mr. Gilmer, our current Septic Inspector. I believe Mr. Gilmer is a very competent inspector and conducts his inspections with integrity while following the Building Code. Mr. Gilmer stated that he had only seen Mr Qualle in passing in the past and never had a conversation with Mr. Qualle as stated by Supervisor Ceminsky. He stated that Mr. Qualle is a very intelligent and competent inspector who completes his job with integrity and adhers to the Building Code. As of this date I have not had the opportunity to speak with the Prior Lake inspector. This is on my "bucket list."

Thank you Supervisors Budenski and Miller for doing what responsible Supervisors are obligated to do; review all information and ask pertinent questions to make an educated decision based on facts.

Were the two proposals treated equally and addressed professionally? Was the Building Inspector who was present to represent his proposal treated with respect? After all, he did work with Township citizens since 2009, fulfilling his contract obligations.  I asked the clerk if there were any formal complaints against Mr. Qualle,and she stated she was not aware of any. Because of this I do not understand why the Board would not renew Mr. Qualle's contract. Mr. Qualle was not "fired" as some choose to believe. For clarification his contract was not renewed. I would like to believe that this was not just a DELIRIOUS POWER OF THE PODIUM.

A link to the video of the Building Inspector Contract discussion will be posted at a later date!

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