From: Andy McBride

Sent: Fri Mar 01 10:50:02 2019

To: Gerald Fisher; Dan Huff

Cc: Michelle M; bentleyfeedinc@gmail.com; dsm@hs-legal.com; kenbaker42@hotmail.com; sarah@kenbakerlaw.com

Subject: RE: Code Violation - Failure to obtain ROW permit

Importance: Normal

Attachments: image001.png; image003.gif; image002.jpg;

 

Mr. Fisher-

I had Eric Watson our engineer visit the site Monday following the fire and had him document As -Built’s and the need for shoring the front wall. He called me later in the week and said that the front wall was supported by the roof diaphragm and that I need to brace it asap to prevent it from falling in a wind or seismic event. This is a life safety issue. Due to the fact that the roof and ceiling are preventing us from shoring from the inside I had my crew brace from the outside. I know this is not optimal but it’s the best option unless you would like to issue a permit to close half the street? Eric is working on the shore plan however PGE sent a stop work letter to Brian who is dealing with his attorney to get lifted. I can assure you we are doing what is best and in the fastest way possibly and once we have permission to continue we will move to get the demo completed so that I can have our engineered shore system in place.

Once I have the shore plan and permit documents I will formally submit. I am sure you are aware of the process and that it takes time. Has the neighboring property received the same email about blocking the right of way?

I can’t in good conscious remove the shores without other shores in place and I am positive you wouldn’t have us willingly endanger people’s lives.

I have Miller Consulting Engineers working on this project, they work for the Army Core of Engineers, they work for The City of Portland and the State of Oregon, I have the best people on this and we are trying to do what is best and safest for everyone involved.

If the City is taking formal action against Cascade NW Construction and Brian then I have cc’d Rob Wilkinson of Ball Janik, our attorney, David Mepham, PGE’s Attorney and Ken Baker, Brian Bentley’s Attorney.

image Andy McBride

Principal

Cascade NW Construction www.cascadenwconstruction.com

801 E. Main St. Molalla, OR 97038 | O: 503.919.2201 | C: 503-332-0038

OR CCB #201730 | WA #CASCANC821BR | OEC 408 COMMUNICATION

image

From: Gerald Fisher <gfisher@cityofmolalla.com>

Sent: Friday, March 01, 2019 9:07 AM

To: Andy McBride <AndyM@cascadenwconstruction.com>; bentleyfeedinc@gmail.com

Cc: Dan Huff <dhuff@cityofmolalla.com>

Subject: Code Violation - Failure to obtain ROW permit

Importance: High

Andy and Brian,

We have not received any communication on the status of you submitting to the County for review of an alternative to your illegal bracing in the right of way. The bracing was placed in the right of way without plan review, permits or City approval and is a violation of our municipal code and the Public Works Standards. I need an update before noon today on your status. If I don’t receive anything from you, confirmation you have design into the County for immediate correction of this issue, then we will have to formally proceed with a code enforcement action on Cascade NW Construction and Bentley Feed. Please address this immediately so we don’t have to take formal action against either of you. Thank you.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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