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HomeMy Public PortalAbout12-03-1987 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA,DECEMBER 3,1987 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session December 3, 2 1987 at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Silberstein presided with Mr.Willis in 3 attendance. Absent: Mr.Brown. The following business was had to-wit: 4 5 CONTINUATION OF UNSAFE BUILDING HEARING 6 7 447 South 7th Street 8 9 Ms.Silberstein opened a continuation of an Unsafe Building Hearing on property located at 477 South 7th Street, 10 belonging to Ronald & Christine Helton, pursuant to an Order issued on October 7, 1987 with the Order stating 11 the unsafe building be wrecked and removed or repaired to meet minimum standards of City of Richmond 12 Housing Code and Building Code. The hearing had been continued for schedule of repairs to be submitted with 13 the structure to be secured within thirty days. 14 15, The Clerk administered the Oath to give testimony to Mr. Dennis Bronston. 16 17 Mr. Bronston informed the Board the structure had been secured and a rear foundation was being filled in and the 18 hearing was continued to allow time to submit a schedule of repairs with estimates of cost and time frames for 19 repairs. 20 21 Mr.Willis inquired if the securing of the structure was in good faith and timely and Mr. Bronston indicated that it 22 was. 23 24 Ms. Silberstein gave opportunity for the owner of record and other interested parties to give testimony. 25 26 The Clerk administered the Oath to give testimony to Mr. Ronald Helton, 1114 Green Street, Richmond, Indiana. 27 28 Mr. Helton presented a schedule of repairs and cost estimates to the Board, but was uncertain how long the 29 repairs would take to bring the structure to code. 30 31 Ms. Silberstein stated the Board would like to have the owner commit to a completion date that would be fair to 32 the owner,yet have repairs completed in a timely fashion. 33 34 The Clerk administered the Oath to give testimony to Ms.Gertrude Ward of Centerville, Indiana. Ms.Ward was 35 representing Mr. Helton as the general contractor. 36 37 Ms.Ward informed the Board they could commit to having the premises in a livable condition within six months 38 and in a saleable condition prior to that. 39 40 Mr. Willis commented on saleable condition possibly not remedying the situation so the premises could be • 41 . occupied and it would still be a vacant structure. 42 43 Mr. Helton informed the Board he would make the financial commitment to make the structure livable and that he 44 would have no problems in acquiring the funding. 45 46 Mr. Bronston stated he felt the contractors submitting quotes were qualified and the repairs quoted would bring 47 the structure to code. 48 49 Mr. Bronston recommended the Board modify the Order to strike the wreck and remove,and to order the unsafe 50 building repaired within six months with repairs to start within sixty days. 51 52 Mr. Willis moved to modify the Order issued on an Unsafe Building located at 447 South 7th Street to read: 53 Unsafe building to be repaired to meet the minimum standards of City of Richmond Housing and Building Codes 54 within six (6) months, with repairs to start within sixty (60) days, and to affirm the modified order, seconded by 55 Ms. Silberstein and on unanimous voice vote the motion was carried. • 56 57 Ms. Silberstein stated the Board appreciated this type of commitment and planning and asked that Mr. Helton 58 and Ms.Ward work closely with the Planning Department. 59 60 There being no further comment,the Unsafe Building Hearing on premises located at 447 South 7th Street was 61 closed. 62 63 APPROVAL OF MINUTES OF NOVEMBER 25.1987 64 65 Mr.Willis moved to approve the minutes of the previous meeting as prepared,seconded by Ms.Silberstein and Board of Works Minutes Cont'd December 3, 1987 Page 2 1 on unanimous voice vote the motion was carried. 2 3 APPROVAL OF CLAIMS FOR PAYMENT 4 5 There were no claims presented for approval. 6 7 PUBLIC REQUESTS AND COMMENTS 8 9 Handicapped Parking at High School-Helen Merchanthouse 10 11 Ms. Helen Merchanthouse, 2301 Oak Park Drive, explained to the Board that the handicapped parking available 12 around Richmond Senior High School needed to be investigated. Ms. Merchanthouse stated there were three 13 handicapped spaced located on S.W. F Street and were only marked by the wheel chair symbol painted on the 14 ground and had no above ground signage. She explained there were many handicapped persons attending the 15 events at the High School and felt these spaced needed to be properly marked and at least seven more spaces 16 made available. 17 18 Councilmember Lynn Morris informed the Board she was aware of six persons in wheelchairs attending the 19 sporting events at the High School and agreed that the limited marking was not enough. 20 21 Ms. Silberstein asked what provisions the High School made in the lot for handicapped parking and Ms. 22 Merchanthouse said there were none available now. 23 24 Ms. Silberstein asked what enforcement powers the City had with the High School and Mr. Barden stated that 25 cold be arranged. 26 27 Mr.Willis asked where the available spaces were located and if they were on the portion of the street vacated to 28 the High School. 29 30 Ms. Merchanthouse said she had spoken with the school and they encouraged enforcement for the spaces. 31 32 Captain Ron Williams said he would like to see the High School commit three or four spaces in the lot for 33 handicapped parking. 34 35 Mr. Barden commented on state law mandating a certain percentage of parking had to be made available for 36 handicapped parking and added that three spaces if probably under the percentage needed. 37 38 Ms. Morris told the Board handicapped parking spaces in the lot would not suitable since there is no accessibility 39 from there. 40 41 Mr. Willis added that parking dedicated to the handicapped should be close to the facility. Mr. Willis suggested 42 that the matter be tabled until he and Captain Williams can identify the public streets and investigate the area 43 and make a recommendation to the Board. 44 45 Ms. Silberstein stated that the three spaces now available should be properly marked immediately. 46 47 Mr. Willis asked that the area be investigated first, since these spaces may not be properly designated spaces 48 and then all spaces can be properly approved and signed. 49 50 Mr. Willis moved to table the request for handicapped parking at the High School for two weeks to allow proper 51 investigation, seconded by Ms. Silberstein and on unanimous voice vote the motion was carried. 52 53 Ms. Morris asked the Board to also consider spaces on the Boulevard for football games. 54 55 Mr. Barden stated there is a variety of uses for parking at the High School and asked about using temporary 56 arrangements with portable signs or temporary designations as needed. 57 58 Ms. Silberstein said all of the suggestions could be a part of the recommendation, but she felt like permanent 59 designations were also needed for disabled students and employees of the school system. 60 61 DEPARTMENT REQUESTS AND COMMENTS 62 63 Planning.Permits and Inspection 64 65 Set Hearing Date for Unsafe Accessory Buildings g%ql Board of Works Minutes Cont'd December 3, 1987 Page 3 1 Mr. Willis moved to set January 7, 1988 at 9:00 A.M. as the date and time for Unsafe Building Hearing on 2 accessory buildings located at 300 North 5th Street,310 North 5th Street, 1223 Sheridan Street and 404 South 3 12th Street, seconded by Ms. Silberstein and on unanimous voice vote the motion was carried. 4 5 Rescind Unsafe Designation on Premises Located at 1109 Parry Street 6 7 Mr. Bronston informed the Board that the unsafe building at 1109 Parry Street had been substantially 8 rehabilitated with repair or replacement to the heating, electrical, plumbing system, as well as exterior siding, 9 interior replacement of walls,ceilings and floor coverings to no longer be designated unsafe. 10 11 Mr. Bronston recommended the Board return the check in the amount of $3,000.00, which served as a 12 Performance Bond,to Mr. David Dilley,owner of the property, and to rescind the designation of unsafe. 13 14 Mr. Willis moved to rescind the designation of unsafe building on property located at 1109 Parry Street and to 15 return the performance bond to Mr. Dilley,seconded by Ms.Silberstein and on unanimous voice vote the motion 16 was carried. 17 18 Ms.Silberstein extended the thanks of the Board to Mr.Dilley for complying with the order in a timely manner. 19 20 Status Report on Unsafe Premises Located at 326 North 10th Street 21 22 Ms. Silberstein gave a brief history of the unsafe premises located at 326 North 10th Street, including the Board 23 affirming a wreck and removal order on October 2, 1986, staying the order for thirty days on October 30, 1987 for 24 the submission of a repair schedule being submitted during that time and repairs to start within the thirty days 25 and modifying the order on December 4, 1986 to remove or repair by June 1, 1987 and include the posting of a 26 performance bond. 27 28 Mr. Dennis Bronston informed the Board that the City did attempt to establish receivership on the property and 29 that was unable to be successfully completed. He stated that also the property was purchased at tax sale and 30 the certificate holders of the property are present at this meeting. 31 32 Mr. Bronston said the current conditions of the premises remain unsafe and without the owner of record present 33 he would recommend the Board proceed with demolition. 34 35 Ms. Silberstein stated the reason for the status report before the Board was to determine if the order for 36 demolition was to be executed and the Board desired to hear from all present regarding the premises. 37 - 38 Mr. David Puterbaugh, Attorney at Law, informed the Board that the owner of record, Mr. John Laswell had 39 contacted him, but he did not formally represent Mr. Laswell. Mr. Puterbaugh said his conversation with Mr. 40 Laswell led him to believe that Mr. Laswell was very confused, especially over the posting of the performance 41 bond,and he does want to repair the property: 42 43 Mr. Willis stated that Mr. Laswell had used ignorance and non-appearances very successfully and it seems like 44 ploys such as tax sales assist Mr. Laswell to keep the building in non-compliance. 45 46 Mr. Barden stated that he had also sent out numerous letters to Mr. Laswell explaining the procedures, 47 especially on this proceeding. 48 49 Ms. Silberstein added that the performance bond was explained to Mr. Laswell's former attorney and that there 50 were other ways to meet this requirement such as a letter of credit. Ms. Silberstein asked if Mr. Puterbaugh was 51 formally representing Mr. Laswell. 52 53 Mr. Puterbaugh replied he was not, but that Mr. Laswell had seemed totally confused about the process. Mr. 54 Puterbaugh said he did advise Mr. Laswell that he should appear at the Board meeting today. Mr. Puterbaugh 55 informed the Board that Mr. Laswell told him he felt the hearing was in Superior Court 2. 56 57 Ms. Silberstein requested the Courts be contacted to see if Mr. Laswell was there. The Clerk's Office contacted 58 Superior Courts 2 and 3 and the Prosecutor's Office and Mr. Laswell had not been seen there. 59 60 Mr. Barden reminded the Board that it had been stated on official record by Mr. Laswell's attorney that if the 61 property was not repaired by June 1, 1987 it could be demolished. The record shows consent for demolition. 62 63 Mr. Willis asked how interested parties might go about saving the structure from demolition and Mr. Barden 64 suggested interested parties contact independent counsel. Mr. Barden stated he was unable to give advice with 65 his position of representing the Board and if they wished to pursue they would need to seek outside counsel. f Board of Works Minutes Cont'd December 3, 1987 Page 4 1 Ms. Silberstein thanked Mr. Puterbaugh for his concern and conveyance of information to the Board. 2 3 Ms. Nancy Toiler,2000 South A Street, informed the Board she and her husband had purchased the property at 4 tax auction and they were unaware how far the proceedings had gone and what they needed to do to keep the 5 structure from being torn down. She said she had spoken with Mr. Barden and was under the impression they 6 could stop the demolition with securing and some repairs.She said they were willing to file plans and do have 7 contractors lined up and can make financial arrangements. Ms. Toiler said they will look into a third party 8 interest to designate the structure a public building to prevent demolition and take the property away from Mr. 9 Laswell. She informed the Board they have also tried to get Mr. Laswell to sell the property outright. Ms.Toiler 10 told the Board they would need sixty days to investigate possibilities to prevent demolition. 11 12 Mr. Barden informed the Board that he had checked with the State on the two year redemption period on tax 13 sales the there are no possessory rights, but to the owner of record during that time period. Mr. Laswell is the 14 only persons who can do anything with the property during the two years and he had previously redeemed the 15 property in a prior tax sale. Mr. Barden said the ultimate sanction was demolition. 16 17 Ms. Silberstein asked Mr. Barden if he had told Ms. Toiler he was the final word on the Order and Mr. Barden 18 stated he did not. 19 20 Ms. Toiler said they were not willing to put money into the property under these conditions and that Mr. Laswell 21 had indicated he did not believe the property would be torn down. 22 23 Mr. Puterbaugh stated he would take any offer of the Toilers back to Mr. Laswell and try to explain it and Ms. 24 Toiler said they were more interested in a third party interest. 25 26 Mr. Barden informed the Board he had a constitutional problem with forcing someone to sell their property and 27 ask the Board to be cautious and to insulate themselves from that issue. 28 29 Mr.Willis stated the Board is in a blatant head to head confrontation and must decide if the Building Codes mean 30 something or not and any third party interest would need to be presented by an outside agency before the Board 31 would stop the demolition action. He said the Board cannot equivocate,they have been dealing with the issue 32 for over a year. Mr. Willis said the Board cannot tolerate the attitude that Mr. Laswell has displayed and they 33 must demonstrate to the community they mean what they say. 34 35 Mr. Willis added that the Board needs to take very strong action and if outside parties can get the action stayed 36 within sixty days that would be fine. 37 38 Ms. Silberstein stated the Board has never waited this long to execute a demolition order and they have waited 39 for Mr. Laswell to take some action. She said the roll of the Board was to enforce the code and they are 40 concerned with the building not who owns it at any given time. The Board is charged by State Statute to enforce 41 the code and deal with it in a timely fashion. 42 43 Mr. Martel Winburn, Wayne County Health Inspector, asked the Board that if a structure was declared unsafe 44 was that not a safety hazard and wondered if this could cause penalties to be placed on the owner. 45 46 Mr. Barden said the only penalty is demolition, but he was also concerned with the liability aspect since the City 47 was on notice and acknowledged the structure to be unsafe. He again stated that Mr. Laswell is on record as 48 committing to demolition if the property was not repaired by June 1, 1987. 49 50 Mr. James Hartig, 207 North 15th Street, asked where the money would come from for demolition of the 51 structure and Mr. Barden explained it would be paid for through the Unsafe Building Fund and a lien would be 52 placed on all real and personal property owned by Mr. Laswell in Wayne County. 53 54 Ms. Gertrude Ward stated it seems tragic to totally loose the property and be unable to ask it be sold. She 55 added laws need to be amended to protect historic properties and cause the sale to prevent demolition. 56 57 Mr. Willis said the Board cannot act on both sides of the issue and without proper response from the owner of 58 record they have no choice. 59 60 Ms.Silberstein said the real problem has been the lack of common sense. 61 62 Mr.Joe Longstreth commended the Board of Works for being very tolerant. He said the issue was larger that Mr. 63 Laswell since the soul of the City is it's buildings and the City of Richmond has a history to preserve. Mr. 64 Longstreth reminded the Board that the Tourism industry is very important and that area will be of major impact 65 on tourism in the future. He said a solution needs to be found to address the larger issue. • Board of Works Minutes Cont'd December 3, 1987 Page 5 1 Mr.Willis agreed with Mr. Longstreth,but added that the Board could not retreat from their decision and outside 2 parties needed to stop the demolition. 3 4 Mr.Willis asked about the maximum time on an order and Mr. Bronston said they have two years to remove the 5 structure and proceedings began on October 2, 1987. 6 7 Mr. Barden informed the Board that he differed with Mr. Bronston's interpretation on the time limitations since he 8 felt official actions of the City had started prior to October 2, 1987. He said the issue still remains that there is 9 no liability coverage on the property by the owner. He said if legal action was filed prior to demolition,the order 10 could be stayed. 11 12 Mr. Longstreth commented on the fact that if the Toiler's proceed with any investment, they could loose the 13 investment. - 14 15 Mr.Willis said the Board would order the structure removed and advertise to accept quotes on demolition within 16 sixty days. 17 18 Ms.Toiler stated again they not aware of all the problems when they purchased the property at tax sale, but she 19 felt sixty days was sufficient time. She added that she appreciated the position of the Board. 20 • 21 Ms. Silberstein made the following recommendation for a motion on the unsafe structure at 326 North 10th 22 Street: 23 24 Move to direct the Planning Department to receive quotes for the demolition of the premises on 25 February 18, 1988 in execution of the Order issued on October 2, 1986; such demolition to take place 26 on or after such date unless a satisfactory compliance commitment and performance bond in the 27 amount of$10,500.to cause the premises to be repaired to Code by June 1, 1988 is submitted to the 28 Board by 9:00 AM on February 11, 1988. 111 29 30 Mr.Willis so moved,seconded by Ms. Silberstein and on unanimous voice vote the motion was carried. 31 32 Mr. Barden requested copies of the final decision be sent to Mr. Laswell and all other interested parties. 33 34 Ms.Silberstein stated the Board takes no joy in these proceedings and likes to see reason prevail. 35 36 Public Works and Purchasing 37 38 Set Date to Receive Bids for Extension of Sheridan Street 39 40 Mr.Willis explained to the Board that it was necessary to extend Sheridan Street for one half mile westward from 41 NW 11th Street. He said it would be paid for through State funds for infrastructure and the City would be 42 providing labor. The project will open up forty to sixty acres for industrial development in the North West 43 Industrial area. 44 45 Mr. Willis moved to set December 31, 1987 at 9:00 AM to receive bids for the extension of Sheridan Street, 46 seconded by Ms.Silberstein and on unanimous voice vote the motion was carried. - 47 48 BOARD OF WORKS MISCELLANEOUS 49 50 Installation of Sodium Lights on North E Street 51 52 Mr. Robert Hankosky, Distribution Engineer with Richmond Power& Light, presented a request to the Board to 53 replace 63 -250 watt mercury lights on North E Street from North 12th to North 24th Street with 23 -250 watt "54 sodium lights. This will be a monthly increase on the street light billing of $2.52. The Council Street Light 55 Committee had approved this request. I56. 57 Ms. Silberstein asked if Mr. Hankosky had also looked into the request for additional lights in the area and Mr. 58 Hankosky said those were not included in the request, but would perhaps be addressed at a future date. _ 59 60 Mr. Willis moved to approve the installation of 63 -250 watt sodium lights on North E Street from North 12th to 61 North 24th Street,seconded by Ms.Silberstein and on unanimous voice vote the motion was carried. 62 63 64 - 65 Board of Works Minutes Cont'd December 3, 1987 Page 6 1 ADJOURNMENT 2 3 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned. 4 5 6 7 Susan Silberstein, President 8 9 10 11 ATTEST: 12 Mary Merchanthouse,City Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65