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HomeMy WebLinkAboutBUUILDING & DOOR INSULATION -iNSTALLATION DIVISIONI SCANNED) By Stwviproanv ST. LUCIE CO PLANNING AND DEI BUILDING AND CODE HERBERT J. T. WILSON, II, Complainant, and ST. LUCIE COL;N'IY and DEBRA ZAMPETTI, Supervisor, Respondents. Re: Permit # 1804-0084 / Notice of Inquiry SERVICE: US Postal Service Certified Mail N Return Receipt Requested NOTICE OF INQUIRY INTO SUBORD: FORMER ST. LUCIE COUNTY DAVID JOHNSON . 1. THIS IS NOTICE that current and David Johnson and Teriy Chissoe committed FLORIDA MENT SERVICES LATION DIVISION MAY `:0 2019 Case No.: „a, 8,� ,.G�a �:��- ' � 4&_r`'!ate'�`3 Q 9 A 1 i d9\; di Subordinate Misconduct, E MISCONDUCT BY CURRENT AND LOYEES GARY SCHEIGNER, TERRY CHISSOE St. Lucie County employees Gary Scheigner, acts in the name of the County which amount to misconduct, collusion, deceit, fraud, and/or sta ' 'ke causing irreparable harm. County employees are public officials receiving public funds an subject to Section 112.311, Florida Statutes. This NOTICE is made under the obligation of god faith in accordance with Section 671.203, Florida Statutes. Therefore, upon receipt of this N( Statutes, you have ACTUAL. KNOWLEDGE 2. Failure of a government official to ordinances, county policy & procedure, and thirty days, will result in repudiation of your c ICE, in accordance with Section 671.203, Florida d LLABILT y of the information contained herein. action to correct violation(s) of State Law, local s within a set period of time not to exceed (30) (s) of office. 3. When a supervisor of a county a subordinate's misconduct but fails to initiate Herbert J.T.- Wilson, II Notice of Subordinate Misconduct May 20, 2019 /division has information or actual knowledge of corrective action to correct said misconduct, this would constitute misfeasance, dereliction of duty, and an omission of a duty to perform. Your duty to perform is imposed by statute, ordinance, and e Constitution of the State of Florida. 4. A person, especially a supervisor of knowledge of misconduct but fails to inquire c official duty. Notice creates a right to immediate Code Division of St. Lucie County having knowl 5. The employees alleged to have commi Planning and Development Services, Building this notice. 6. All subjects of this notice have signed a United States and the State of Florida. Further, State of Florida and the ordinances of St. Lucie subjects of this notice had a ministerial duty authority, including but not limited to Florida 7. The C.A. Hunter Trust ("the Trust") o« Jensen Beach, St. Lucie County, Florida 349. referred to as a duplex. The Trust owns one half 8. In January 2018, the Trust's other half of the structure) about replacing the two parties agreed to replace the roof and begs re -roof of the structure. The parties agreed to Ray"), a for profit corporation with its principal Florida. department/division of the county, who has investigate such misconduct, is in breach of an by the Supervisor of the Building and misconduct were employees of St. Lucie County, Code Regulation Division at all times material to oath swearing to uphold the Constitutions of the have taken an oath to uphold the laws of the ity. See Section 112.311, Florida Statutes. The Section 112.311, Florida Statutes to obey legal s, Florida Building Code, and local ordinances. UND a residential property located. at 44 Aqua Ra. Dr. The property contains a structure commonly the structure and its surrounding property. ve was approached by her neighbor (owner of the )of on the duplex because his roof was leaking. The talcing bids from roofing companies to perform the )ntract with :Manta Ray Construction, Inc. ("Manta )lace of business in Jensen Beach, St. Lucie County, 2 9. On February 27, 2018, the Trust, through received a proposal that later became the cont representative, Stephen Drake Marston ("Marsto: License # CC1330490. Marston is the "Qualifying Trust accepted the terms of the proposal and Construction, Inc. for the re -roofing of the I together they will be referred to as "the Contra Herbert J. i'. Wilson, II Notice of Subordinate Misconduct May 20, 2019 legal representative Theresa Krupa ("Krupa"), from Manta Ray through the corporation's a certified/licensed roofing contractor, State ent" for Manta Ray. On February 27, 2018, the i into a construction contract with Manta Ray T. When referring to Manta Ray and Marston 10. During the re-roofing/construction procIIss, the roof on the Trust's side of the structure experienced a leak that resulted in extensive clam -age to the structure and the personal property of the occupant and Trust representative, Theresa J. Krupa. Further, Krupa was forced to relocate during the rebuilding of the interior of the 11. The Trust and Krupa are now in engaged an expensive and protracted legal battle with the Contractor and his insurance carrier for negligen e, breach of contract, and fraudulent inducement. Further, a formal complaint against the Contract currently being prosecuted by the Department of PRELIMIN 12. Herbert J.T. Wilson, II, is the Co-' husband of Krupa. 13. Theresa J. Krupa is the legal represents agreement was the leasee/tenant of the property 14. Steven Drake Marston was the last Inc. Manta Ray was administratively dissolvt September 22, 2017, some five months before representative of Manta Ray. Marston was i existence when he entered into the contract. pursuant to Section 455.225, Florida Statutes is and Professional Regulation. STATEMENT of the C.A. Hunter Trust and the common law of the 'Trust and pursuant to a five year lease all times material to this notice. Director and Officer of Manta Ray Construction, by the State of Florida Department of State on arston entered into the construction contract as a 3 aware that the corporation was no longer in STATEMENT THE FACTS Ilerbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 15. On February 27, 2018, Marston presented 6 proposal to the Trust through its representative for the re -roofing of the Trust's half of the strut 1 e. The proposal, which later became the contract, was written on Manta Ray letterhead and outlined the scope of work, method of construction and the materials to be used. Specifically, the proposal I contract stated. the Contractor was to remove the existing asphalt shingle roof, install Tri-Built 1 underlayment with a NOA# of 15-1123.06 to velocity wind zones and install Metal Fabricators self -adhering, modified, high temperature, metal the Florida Building Code requirements for high -5V Crimp (R6) metal roofing panels. 16. On the same day the Trust accepted the t6rms of the proposal, including the scope of work, method of construction and materials to be used) and entered into a legal and binding construction contract with Manta Ray for the re -roofing of 44 17. The contract, as provided by the statement explaining the Trust's rights under Section 489.1425(1), Florida Statutes. Ra Dr., Jensen Beach, Florida 34957. and signed by all parties did not contain a Construction Recovery Fund in violation of 18. The Contractor hired Florida Professional Engineer Paul Welch, Reg. # 29945 ("the Engineer"), to engineer the project. On March 30, 2018, the engineer provided the Contractor with the required engineering documents needed t , obtain the building permit. In the engineering documents, the engineer detailed the scope o work and set the method of construction. The engineer specifically required the Contractor to This underlayment is an approved product of d 19. On April 4, 2018, the Contractor engineering documents to St. Lucie County 20. On April 20, 2018, St. Lucie County Building Permit #1804-0084 Tri-Built underlayment with NOA# 15-1123.06. Florida Building Code. 4 a building permit application with the Officials for the re -roofing of the property. Officials approved the application and issued 21. On or about May 3, 2018, the sending a crew to the residence to remove the e: installed a number of different undcrlayment ma Resisto Corporation of Ohio. The underlay required by the Engineer, or approved by the 22. On May 11, 2018, County Building Insp a "roof dry -in inspection". Inspector Johnson was not made for metal roofs and materials w roof should have failed inspection for required by the Engineer. 23. Neither County Building Officials nor roof failed inspection because it contained the 24. On May 12, 2018, Krupa became aware Contractor and inquired about what needed intrusion during the coming storm(s). 25. On the same day, Marston came to the schedule and informed Krupa that the underlay three days prior) forms a water tight seal and against water intrusion. 26. On or about May 13, 2018, a wind a inspection failed to provide a watertight seal a] water to enter the residence causing extensive Krupa. 27. On or about May 14, 2018, the Con damaged the interior of the residence including Herbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 commenced performance of the contract by isting asphalt shingle roof. Next, the Contractor crials including a materials manufactured by the s) were not materials described in the contract, in the building permit. David Johnson, License #BN5356, performed l the roof because it contained a material that not installed. per manufacturer's guidelines. The materials not found on the Building Permit and Contractor informed the property owners that the building materials. a coming rain and windstorm and contacted the be done to protect the residence from water Bence to pick up a check pursuant to the draw t (the same underlayment that failed inspection needed to be done to protect the residence rainstorm occurred. The underlayment that failed 5 rain water to saturate the plywood decking and e to the structure and the personal property of was notified that the roof failed and water onal property. 28. On or about May 14, 2018, the to protect against further water intrusion. 29. After inspecting the roof, the Contractor the roofing materials, specifically lie stated the did not properly bond to the plywood decking. inspection and contained the wrong building 30. It is not known if the Contractor failure. 31. At this point, the Contractor decided to was leftover building materials from prior j< Corporation and advised them that their buildin property. The Contractor failed to inform Resist be on the roof in the first place and was not an later learned that the Contractor led Resisto to b 32. Without the Trust's knowledge and the method of construction and.materials to be Herbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 inspected the roof and had a crew tarp the roof .ied Krupa the leak was caused by a defect in yment did not contain enough adhesive and Contractor did not inform Krupa the roof failed informed County Building Officials of the roof step responsibility for installing what probably he completed and he contacted the Resisto materials were defective and caused the leak at the that their building materials were not supposed to product on the Building Permit. The Trust he was installing an asphalt shingle roof. gaining the Engineer's approval for changing County Building Officials, the Contractor and Representatives of the Resisto Corporation met �nd devised an improper method of construction to correct the failed undetlayment. 33. To correct the failed underlayment, the David Johnson decided to alter the construct the County in its Building Permit by allowing failed underlayment (membrane) and mechaj screws and then installing a new layer of and Resisto and County Building Inspector method ordered by the Engineer and approved by Contractor to place a layer of 30# paper over the lly attaching it to the substrate with tin tabs and The County did not require the Contractor to remove the failed underlayment or remove and replaced the damaged, water saturated plywood. 6 34. The construction method devised by the Herbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 violates the Florida Building Code and is in direct contravention of the material's limitations found in the underlayment's Product Approval, Further, NOA# 15-1123.06, page 4, paragraph 4. is construction method will negatively affect the serviceable life of the roof. 35. The Trust would have never agreed to informed would have required the roof be re-eng replaced, and proper methods of construction be 36. The Contractor was aided by the application and they somehow tricked Plans application. The revision application falsely states was "switching Product Approval for metal L installing 30# Vt then Tri Built HT DG". The ap: roof failed and the contractor installed the wron Contractor knew when he applied for the because Resisto agreed to provide new 37. Had the County been informed this underlayment be removed and would have the Product Approval's Limitations. method of construction and had they been the water logged plywood be removed and :d for correcting the problem. Building Inspectors in filing a falsified revision Terry Chissoe into signing off on the revision t the revision is needed because the Contractor to Miami -Dade because were (sic) does not inform building officials that the underlayment and this was in fact a repair. The he was not going to use Tri Built underlayment a repair they would have required the wrong approved a method of construction that violated 38. Because of concerns about the integrity of the roof, changes to the method of construction and the method used to correct the failed underlayment, the Trust hired licensed independent roofing inspectors Jack Brown and Associates t I perform and inspection and evaluation of the roof after it was completed and final inspection was performed by the County. 39. On or about July 25, 2018, Jack and Associates inspected the roof and determined there were significant construction defects and deficiencies in the repair of the failed underlayment and the installed roofing system. 7 40. The roofing system as installed by Officials contains the following defects and a. Pwood Decking — Roof cone that became wet when the und� b. Underlayment — Roof contav under metal roofing and not fc underlayment should have b underlayment New underlayn with Florida Building Code a Assemblies and installation me Limitations by being installed c c. Vents — Roof does not contai rear plane of the roof as require d. Metal Roofing — Metal roofin Layout of panels results in n, manufacturer which impedes the manufacturer's installation e. Sealant — Sealant not installed Code 1507.4.2 and required instructions. Sealant missing i wrong locations preventing pre f. Roofir System — Roofing Sys water tight and continues to lea 41. On July 30, 2018, the Trust caused a Contractor by certified mail as required by a copy of the report of Jack Brown and 42. The Contractor failed to respond to the inspect and/or repair the construction defects 43. As a result of the contractor roof leaked again in November of 2018 and Herbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 Contractor and approved by County Building ns water damaged plywood decking layment failed. undedayment that is not allowed rid on the building permit. Incorrect :n removed before installing new nt was not installed in accordance I the material's Product Approval. Lod violates the Product Approval's �r another membrane. the two 4' Acrylume vents on the by the contract. panels were not installed properly. capillary break as designed by the Lter flow and drainage and violates i compliance with Florida Building )y the manufacturer's installation required locations and installed in esigned water drainage. as installed by Contractor is not of Construction Defects to be sent to the 558, Florida Statutes. Attached to the notice was Notice and failed to return to the property to deficiencies of the newly installed roof. "558" notice and failing to repair the roof, the Trust will be compelled to hire another roofing contractor to correct the construction defects and deficiencies. 44. The cumulative effect of the many Contractor require the roof to be removed installed. 45. In order to properly repair the roof, the Herbert J.T. Wrilson, II Notice of Subordinate Misconduct May 20, 2019 and deficiencies of the roof as installed by the to the trusses, repairs made and a new roof f on the entire structure (units 42 and 44) must be removed and replaced as it was installed as oAe roofing system by the Contractor and contains the same defects and deficiencies and if not replal ed as one roofing system it will negatively affect the integrity and serviceable life of the roof. 46. In addition to the cost of having to Trust has suffered damage to the interior of the has suffered loss of personal property. IMPROPER ACTIONS a. County Building Officials failed to infort inspection because it contained the wror b. County Building Officials aided and allot method of construction and materials to property. c. County Building Officials aided and allo` method of construction and materials to revising the Building Permit. d. County Building Officials approved a mt Notice of Acceptance and violated the F e. County Building Officials participated in owner and contractor without consuldi4 f. County Building Officials failed to requv not approved and permitted. g. County Building Officials aided and abet Revision Application. h. County Building Officials allowed the cc Building Permit Revision. Roof does not 47. The primary purpose of having a p public and their property by ensuring that the construction defects and deficiencies, the twice; loss of rent, loss of use and Krupa COUNTY OFFICIALS the property owners that their roof failed materials. ;d a contractor to change the scope of work, e used without consulting the owners of the . a contractor to change the scope ofwork, used without consulting the Engineer and hod of construction that violates the materials :)rida Building Code. filtering a construction contract between a property the property owner. the contractor to remove underlayment that was a contractor in filing a falsified Building Permit to install a material not approved by the contain Tri- Built Underlayment. ijting authority and building officials is to protect the 9 engaged in building or remodeling adhere to the Florida Building Code and local building ordinanc( or damaged by someone else's shoddy constructi taken on the added responsibility of protecting f conmen. Although some contractors are county Regulation Division or Building Inspectors the aut on a job by aiding them in designing the least exl gives the County the authority to design and de engineer's method of construction and materials to pro)ect. 48: Briefly, this notice/complaint arises out discovered the contractor in this case installed se made for metal roofs, then engaged with the o correcting the problem without ever involving the 49. The inspector knew that the only reason roof was the Contractor was improperly using lef defrauding the property owners. 50. Then this same inspector helped the contracto building officials approved it. Building Officials we inspector (he also accepted the revision application for repair NOT a revision. All work should have stoppec permit application submitted for approval. 51. Every engineer the Trust has consulted removed, the water damaged plywood replaced and approve a method of construction that violates the: states that the underlayment is not to be installed on the Florida Building Code. 10 Herbert 1.T, Wrilson, II Notice of Subordinate'Mixonduct May 20, 2019 so that citizens and their property are not hurt L. Over the years, building officials have also citizenry from unscrupulous contractors and sidents nothing gives the Building and Code ity to protect contractors from losing money ;ive means of correcting a mistake. Nothing a correction or participate in changing an used without consulting the engineer for the the fact that a county building inspector different types of underlayment, some not to devise the least expensive means of owners or engineer. were different types of underlayment on the building materials to save money and this was file a falsified revision application and other not informed by the Contractor or the ae counter) that the roof failed and this was a the roof re -engineered, and a new building the wrong building material had to be underlayment installed. No engineer would xal's Notice of Acceptance Limitations that of another membrane. This would violate 52. It is unconscionable that a county employ engaged in a scheme to defraud a tax paying citi materials. If this inspector would have blown the other county building officials when he discover protect the residence from water intrusion when th 53. There should be no doubt that had the never agreed to the method devised to repair the remove the wrong underlayment and repair the dai RELIEF 1. Immediately start an investigation appropriate disciplinary action against the involved. 2. Issue a statement from St. Lucie County 0 4. 5. 6. Code Regulation Division stating: a. The roof on 42 & 44 Aqua Ra Drive, Jer building materials not approved by the b b. The method of construction and materia contractor. c. The Contractor misled County Building revision application. d. That it was error to not require the contr inspection. e. The Contractor's workmanship fell beloc Florida Building Code. Immediately undertake an investigation and i Marston for his construction practices and fc Building Officials. Answer in writing the enclosed questions cor Fill the enclosed public records request withc Immediately issue rules and policy and proce tax payers in the future. 11 Herbert J.T. Wilson, II Notice of Subordinate 11lisconduct May 20, 2019 aided and abetted an unscrupulous contractor i of the county by installing leftover building whistle and informed the property owners and d these facts, steps might have been taken to roof failed three days later. been privy to any of these facts, it would have :)f and would have required the Contractor to plywood decking. UES'TED building permit # 1804-0084 and take and county employees who were and Development Services, Building and n Beach, St. Lucie County Florida contains ding perinit. to be used was improperly changed by the fficials by filing a falsified building permit to remove underlayment that failed industry standards and the requirement of the we against Florida Contractor Steven Drake filing falsified revision applications with the county's policies and procedures. cost. e to ensure this does not happen to citizen 54. If the above -mentioned terms are met, w4hi C.A. Hunter Trust will waive all liability of the concerning building permit #1804-0084. 55. Non-performance of your legal duty will certified by issuance of an Affidavit of Non -Re evidence of failure to perform your legal duty. Tht public officers and employees is expressly prescribe the mandate of legal authority without exercise of t consideration as to the propriety of the action taker. 56. In the event the terms are not accepted, indemnify the Trust and Theresa J. Krupa for li related to the actions of the St. Lucie County #1804-0084. 57. In addition, in the event the terms are not the undersigned requests that you disclose the i liability for each insurer for which you may have c a copy of the subject policies. You are hereby disclosure to your insurers in the event the Col settlement. If you should have any questions please feel Theresa J. Krupa at (772) 206-1980. 12 Herbert J.T. Wilson, II Notice of Subordinate Misconduct May 20, 2019 a period not to exceed (30) thirty days, the and hold the County harmless in all actions go unnoticed and unreported and will be ;e that will be filed in future litigation as standard of conduct demanded and required of 1 by legislative enactment, insuring obedience to persons own judgment, discretion or personal CA Hunter Trust demands the County fully y, damages and other claims arising from or its employees in processing Building Permit )ted, pursuant to Florida Statutes 627.4137, and coverage, together with the limits of for any acts or omissions. Please provide ed to forward the instant demand for does not accept the terms of the offer of to contact the or the Trust's representative, Sincerely, Herbert J.T. ilson, II