HomeMy Public PortalAbout09-10-1987 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, SEPTEMBER 10, 1987
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session September 10,
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 UNSAFE BUILDING HEARINGS
6
7 202 North 15th Street
8 299 South Q Street
9 2446 National Road West
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11 Ms. Silberstein requested the hearings be changed to the end of the Agenda since there was no one in the
12 audience to speak at the hearings.
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14 UNSAFE BUILDING HEARING CONTD
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16 214 North 13th Street
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18 Ms. Silberstein opened the continued hearing on unsafe premises located at 215 North 13th Street. The hearing
19 had been continued for the submission of a repair schedule.
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21 The Clerk administered the oath to give testimony to Mr. Dennis Bronston, Code Enforcement Officer. Mr.
22 Bronston informed the Board that he and Senior Inspector Curtis Hedgecock had gone with Mr. Sieber,contract
23 purchaser.to review the electrical system. He said Mr. Sieber was still trying to get an electrical contractor and
24 had not yet finished arrangements with one. Mr. Bronston stated that Mr. Sieber has a possible purchaser,who
25 is aware of the Order and will bring the property to code.
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27 Mr. Bronston recommended to the Board that they affirm the Order to repair the property with repairs to start
28 within thirty (30) days and to be completed within six (6) months. He said he believed Mr. Sieber is making a
29 good faith effort.
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31 Ms. Silberstein gave opportunity for the owner of record to speak.
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33 The Clerk administered the oath to give testimony to Mr. Douglas Sieber, contract purchaser. Mr. Sieber stated
34 he had everything about ready and was working on getting an electrical contractor. He said he had made
35 contact with Shelly Electric. Mr. Sieber also informed the Board that he had a possible purchaser interested and
36 they would also use Shelly Electric,but he would like the purchaser to be involved and to also see if they wanted
37 to tear down the outbuilding or repair it.
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39 Ms. Silberstein asked what stage the sale of the property was in and Mr. Sieber stated they had been to
40 American Security and their credit had checked.
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42 The Clerk administered the oath to give testimony to Mr. Gary Hackman, Manager of American Security. Mr.
43 Hackman said that Mr. Paul Land was interested in the property and owned the property at 208/210 North 13th.
44 He said they are looking at an assignment of the land contract and it looks feasible. He said Mr. Land has also
45 agreed to pick up the back taxes and he is aware of the order. Mr. Hackman informed the Board that they felt it
46 would cost $300. to hook up 100 AMP service and he would make the property into a duplex since there is
47 already heat available for the upstairs.
48
49 Mr. Bronston said the heating system was in tack, but there was a space heater that did need to be removed.
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51 Ms. Silberstein asked if the property was secure and the debris removed.
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53 Mr. Bronston stated it was secured, but there is still debris remaining, although Mr. Sieber has started the
54 cleaning and removed the combustible materials. He said the major problems were the electrical system, weeds,
55 box gutters, roof and space heater.
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57 Mr.Willis asked Mr.Sieber if the Board could get a commitment on the removal of the outbuilding and Mr. Sieber
58 said he felt the possible purchaser also wanted to remove the outbuilding.
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60 Mr. Willis suggested that Mr. Sieber could show the Board some progress and remove the outbuilding and Mr.
61 Sieber committed to the Board that he would sell the property with the understanding that he would remove the
62 outbuilding.
63
64 Ms. Silberstein suggested the Order be modified to read that repairs to the unsafe dwelling would be started
65 within thirty (30)days and completed within six(6)months,the outbuilding would be removed within thirty (30)
Board of Works Minutes Cont'd
September 10, 1987
Page 2
1 days and all debris removed within thirty(30)days.
2
3 Mr. Hackman commented that Mr. Land was currently working on another property on Harris Street and he was
4 not certain the thirty days would be all right with him.
5
6 Mr. Willis commented that he was becoming convinced a bond needed to be insure the repairs would be made
7 and the Board wanted to see some progress.
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9 Ms. Silberstein commented the Board was promised a list of repairs three weeks ago and the Order is for the
10 property regardless of the owner.
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12 Mr. Willis moved to modify and affirm the order on unsafe premises located at 214 North 13th Street to read:
13 repair of the unsafe dwelling to start within thirty days with repairs to code being completed within six month,
14 removal of the outbuilding within thirty days and removal of all debris within thirty days, seconded by Ms.
15 Silberstein and on unanimous voice vote the motion was carried.
16
17 APPROVAL OF MINUTES OF SEPTEMBER 3.1987
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19 Mr.Willis moved to approve the minutes of the previous meeting as prepared, seconded by Ms. Silberstein and
20 on unanimous voice vote the motion was carried.
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22 APPROVAL OF CLAIMS FOR PAYMENT
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24 Mr. Willis moved toapprove claims for payment in the amount of 1,515,014.08 seconded by Ms. Silberstein and
25 on unanimous voice vote the motion was carried.
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27 PUBLIC REQUESTS AND COMMENTS
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29 Residential Handicapped Parking Request
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31 220 South 14th
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33 Captain Ron Williams informed the Board the request of Mary Eastin of 220 South 14th Street did meet the
34 guidelines. Mr. Eastin has Permit No.24326 with an expiration date of April, 1988.
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36 Mr. Willis moved to approve the request for a residential handicapped parking space at 220 South 14th Street,
37 seconded by Ms.Silberstein and on unanimous voice vote the motion was carried.
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39 DEPARTMENT REQUESTS AND COMMENTS
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41 FIRE DEPARTMENT
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43 Monthly Report for August
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45 The August Monthly Report of the Richmond Fire Department showed a total of 56 runs with a loss of 24,395.
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47 Mr. Brown moved to accept and file the August Monthly Report of the Fire Department, seconded by Ms.
48 Silberstein and on unanimous voice vote the motion was carried.
49
50 Promotion of Mike Crawley to Training Officer
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52 Chief Trotter presented the following memo to the Board:
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54 The bid sheet for the training officer position was posted for the required length of time and all
55 firefighters on vacation were notified that it was so posted.
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57 Firefighter Mike Crawley was the only person bidding on the position.
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59 I request the Board of Works take action on the promotion of Mike Crawley to the position of Training
60 Officer effective September 10, 1987.
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62 /s/ Donald C.Trotter, Chief
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64 Mr.Willis asked how long Mr. Crawley had been with the Fire Department and Chief Trotter stated three years.
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Board of Works Minutes Cont'd
September 10,1987
Page 3
1 Mr. Willis commented that he did not agree with the promotion system and feels there could be a more qualified
2 person.
3
4 Ms. Silberstein stated that three years was not necessarily crucial, but more experience was preferable.
5
6 Mr.Willis moved to approve the promotion of Firefighter Mike Crawley to the position of Training Officer, effective
7 September 10, 1987,seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
8
9 POLICE DEPARTMENT-TRAFFIC SAFETY
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11 Captain Williams presented the following request to the Board:
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13 The Department of Traffic Safety requests to restrict parking on Southwest 2nd Street, in the 500 and
14 600 blocks, west side. This is due to the roadway being 26 feet in width which leaves only 9 feet for
15 south bound vehicles to travel on. The restriction would be"NO PARKING"between the hours of 8 AM
16 and 4 PM except weekends and holidays.
17
18 Is/Ron Williams, Captain
19 Department of Traffic Safety
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21 Captain Williams informed the Board that all residents in the affected area have off street parking available. He
22 said the north bound traffic is in jeopardy and at one time these restrictions were in the area and he would like to
23 reinstitute them.
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25 Ms.Silberstein asked if this was one of the streets handled by ordinance and Captain Williams stated it was not.
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27 Ms. Silberstein said the Board would waive the one wait week for residents comments, since Captain Williams
28 had already checked on the residential parking.
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30 Mr. Willis moved to approve the restricting of parking on the west side of SW 2nd Street in the 500 and 600
31 blocks, effective with the posting of signs, seconded by Ms. Silberstein and on unanimous voice vote the motion
32 was carried.
33
34 PURCHASING DEPARTMENT
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36 Set Date to Receive Bids for Fire Department Rescue Vehicle
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38 Ms.Annie Fesler, representing Purchasing Director Rita Stout presented the Board the following request:
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40 Request for Bid Date to be set of October 1, 1987 for receive bids on Emergency Vehicle.
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42 It is the request of this office and the Fire Chief that the above bid date be set.
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44 We have already quoted and awarded the bid for the cab and chassis for this vehicle. This will be for
45 the emergency part of the vehicle.
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47 /s/Rita Stout, Purchasing Director
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49 Ms. Fesler informed the Board that all specifications are completed.
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51 Mr.Willis moved to set October 10, 1987 at 9:00 AM as the date and time to receive bids for a Fire Department
52 Emergency Vehicle,seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
53
54 LAW OFFICE
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56 JOINT RESOLUTION NO. 1-1987
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58 Mr. Barden presented the Board Joint Resolution No. 1-1987 between the Board of Public Works and Safety and
59 the Wayne County Commissioners to remain the four block area including the Court House, Administration
60 Building, City Building and Parking Lot as"Constitution Plaza" in honor of the Bi-Centennial of the Constitution.
61 He said the celebration date for the 200th Birthday of the Constitution would be September 17, 1987.
62
63 Mr. Barden explained this would designation an area in honor of the event, but let the streets remain the same to
64 prevent the confusion of renaming streets.
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Board of Works Minutes Cont'd
September 10, 1987
Page 4
1 Mr. Willis moved to adopt Joint Resolution No. 1-1987 designating Constitution Plaza, seconded by Ms.
2 Silberstein and on unanimous voice vote the motion was carried.
3
4 MAYORS OFFICE
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6 Set Trick or Treat Night
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8 Mayor Waltermann requested the Board to set October 30, 1987 from 6Pm to 8PM as the date and time for Trick
9 or Treat Night. Mayor Waltermann said this was also the recommendation of Chief Nimitz.
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11 Mr.Willis asked if 6PM to 8PM was not too limited in time and Ms. Silberstein indicated that Beggars Night was
12 for the young children.
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14 Mr. Willis moved to set October 30, 1987 from 6PM to 8PM as the official time for Trick or Treat Night, seconded
15 by Ms. Silberstein and on unanimous voice vote the motion was carried.
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17 Mr.Willis requested all persons interested in participating to leave their porch lights on during the time period.
18
19 PUBLIC WORKS
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21 Traffic Signal at IUE Entrance
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23 Mr. Willis reminded the Board that Indiana University East applied to the State Department of Highways for
24 signalization of the entrance to Indiana University East and IVY-TECH on U.S. 27 North. He said they need to
25 meet the criteria, but the State has indicates there will be no difficulty in getting permission.
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27 Mr.Willis said the equipment and engineering must be paid for locally and Indiana University East has asked the
28 City to do the engineering. Mr. Willis said other sources of local funds are being solicited to assist in the
29 signalization.
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31 Mr.Willis informed the Board,due to the emergency of the project,they would like to engage the same company
32 to engineer the signal that did the signal at Industrial Parkway and the cost would be approximately 20,000. and
33 would be the City's share of the project. Mr. Willis said he would recommend to the Board that they extend the
34 contract with that engineering company rather than advertising for an engineering firm,to facilitate the drawings
35 and approval of warrants for the project.
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37 Mr. Barden said the Board could make a declaration of emergency with school starting.
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39 Mr. Willis said if they advertise for the firm it would be another thirty days before they could start the engineering
40 which could cause construction to be delayed until spring.
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42 Captain Williams said the State is doing an agreement for all parties involved to sign.
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44 Ms. Silberstein commented that it did not sound like there was a real firm plan.
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46 Mayor Waltermann said the State had approved the project so quickly that it taken all by surprise and the Mayor
47 recommended the Board go with the project immediately.
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49 Ms. Silberstein asked why the Board couldn't refer to the contract for Industrial Parkway and extend it to include
50 this project.
51
52 Mr.Willis said the firm definitely has the credentials and past history of success for the City.
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54 Mr. Barden recommended the Board refer to the prior project and the credential on file.
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56 Ms. Silberstein asked if they needed to declare an emergency since this has been an ongoing problem.
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58 Mr. Barden said they could make it an extreme necessity.
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60 Mr.Willis reminded the Board this is not a city project, but rather our share. He said the portion to be provided by
61 the City is of an emergency nature in order that the warrants be approved.
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63 Mr.Willis said the Board should also go on record as approving entering an Agreement with Indiana University
64 East for the signalization and to provide approximately twenty-five (25) percent of the cost of the project.
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Board of Works Minutes Cont'd
September 10, 1987
Page 5
1 Ms. Silberstein asked what would happen if we go through with the engineering study and the financial package
2 falls through.
3
4 Captain Williams and Mr.Willis both agreed that the project was also very important to the City and the City would
5 benefit, even if it had to pay 100%of the project.
6
7 Ms. Silberstein stated she has a problem with calling something an emergency if it is not any more of an
8 emergency than has existed in the past. She said if it can be called an extreme necessity and they can refer to
9 a prior quote and justify the use of that engineering firm,that would be acceptable.
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11 Mr. Willis moved to authorize the participation of the City with Indiana University East in a joint effort for
12 signalization of the IUE entrance and U.S.27 North, seconded by Ms. Silberstein and on unanimous voice vote
13 the motion was carried.
14
15 Mr. Willis moved to extend the contract with HNTB for the engineering for the warrants and drawings for the
16 signalization project for the U.S. 27 North signalization based on qualifications on file and the past performance
17 of the firm on the Industrial Parkway project and the extreme necessity for the signal, seconded by Ms.
18 Silberstein and on unanimous voice vote the motion was carried.
19
20 UNSAFE BUILDING HEARING S
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22 202 North 15th Street
23
24 Ms. Silberstein opened an Unsafe Building Hearing pursuant to an Order issued on August 11, 1987 to James
25 Auto Theater, Inc. on property located at 202 North 15th Street. The order stated the following action would be
26 accomplished:
27
28 1. Vacating of unsafe building within ten days of receipt of the order.
29 2. Extermination of vermin within ten days of receipt of the order.
30 3. Removal of trash,debris in and about the property within ten days of receipt of the order.
31 4. Repair of unsafe building within thirty days of receipt of the order.
32
33 Ms. Silberstein requested proof of notification of the hearing.
34
35 The Board examined the return receipt, certified mail and found it to be in order. Mr.Willis moved to accept and
36 file the Proof of Notification, seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
37
38 Mr. Bronston,still being under oath, informed the Board he had made an inspection on August 11, 1987. He said
39 at that time there were four parties living in the structure. He said there was no hot water available and the
40 building had rats, mice and roaches.
41
42 Mr. Bronston stated he had talked with Mr.Hudson and informed him of the hearing and order,but the only part of
43 the order accomplished to date has been the vacation of the structure.
44
45 Mr.Willis asked if the Board could make the order state repair or removal.
46
47 Ms. Silberstein stated she was not certain the Board had the right to make the order more stringent without the
48 owner present.
49
50 Mr. Bronston stated he has talked with a Judge that felt remove may be less stringent in some cases than repair.
51
52 Mr. Bronston also informed the Board that the accessory building on this property has been the subject of
53 another unsafe building hearing.
54
55 Mr.Willis commented he did not feel Mr. Hudson was going to put money into the property and removal may be
56 the only way out.
57
58 Mr.Willis moved to modify the Order on property located at 202 North 15th Street to read: removal of the unsafe
59 building within thirty days or the presentation of a compliance schedule with repairs to be completed within six
60 months including the posting of a 10,000. performance bond on the repairs, and extermination of vermin and
61 removal of trash, debris in and about the property to be completed immediately, seconded by Ms. Silberstein
62 and on unanimous voice vote the motion was carried.
63
64 There was no owner of record or other interested party speaking.
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Board of Works Minutes Cont'd
September 10, 1987
Page 6
1 299 South 0 Street
2
3 Ms.Silberstein opened an Unsafe Building Hearing pursuant to an Order issued on August 19, 1987 to Lu-Gene
4 Association Limited in care of Mr. Bill Lawrence on property located at 299 South Q Street. The Order stated the
5 following action was to be accomplished:
6
7 1. Wreck and removal of dwelling within thirty days of receipt of order.
8 2. Wreck and removal of all mobile homes within thirty days of receipt of order.
9 3. Removal of trash,debris from unsafe premises within ten days of receipt of order.
10
11 Ms. Silberstein requested Proof of Notification of the hearing. Mr. Bronston presented a return receipt certified
12 mail and a Proof of Publication of legal advertisement.
13
14 Mr. Willis moved to accept and file the Proof of Notification, seconded by Ms. Silberstein and on unanimous
15 voice vote the motion was carried.
16
17 Mr. Bronston, still being under oath, informed the Board this property is an unlicensed mobile home park and he
18 inspected the premises with Mr. Bob Jones of the Indiana Board of Health. He said it has not been licensed
19 since 1979. Mr. Bronston stated the mobile homes have been vandalized and cannibalized and they have
20 received numerous complaints. He said all the mobile homes have been vacated and no residents are in the
21 park.
22
23 Mr. Bronston said the property, including the dwelling, is owned by Lu-Gene Association, but he is uncertain of
24 the ownership of the mobile homes.
25
26 Mr. Willis commented that the Board is then dealing with abandoned vehicles since they are located in an illegal
27 park.
28
29 Mr. Barden said the mobile homes must be handled like buildings, and he feels the Board has good grounds to
30 deal with them as unsafe dwellings regardless of the ownership and if any owners feel they have been harmed,
31 they can seek relief in court.
32
33 Mr. Bronston informed the Board that the dwelling located on the property could probably be repaired if there
34 were a responsible party. He said he contacted Mr. Lawrence and has been told he would make repairs, but
35 none have been made to date.
36
37 Mr. Bronston shared photographs of the conditions of the dwelling, mobile homes and the park.
38
39 Mr.Willis asked about the mobile homes being used for emergency shelter if they could be acquired.
40
41 Mr. Barden said they were not suitable for habitation and it would present a risk for the Board to accept them
42 with the health and safety problems involved.
43
44 Mr. Bronston questioned if the hearing should be continued for any other kind of notification to be given to any
45 possible owners of the mobile homes and Mr. Barden stated he recommended the mobile homes be wrecked and
46 removed as soon as possible since they were a real safety hazard.
47
48 Mr. Bronston said they can document the condition of each mobile home and take additional pictures to help
49 establish an approximate value, if the Board order the wrecking and removal.
50
51 Ms.Silberstein suggested the final order might be more flexible on the dwelling.
52
53 Mr. Bronston stated there were also sanitary liens and back taxes on the property.
54
55 Mr.Willis moved to modify and affirm the order on the unsafe premises located at 299 South Q Street to read:
56 Wreck and removal or repair of unsafe dwelling within six months, securing of unsafe dwelling within ten days,
57 wreck and removal of all mobile homes within thirty days of receipt of order and removal of trash and debris from
58 unsafe premises within ten days, seconded by Ms. Silberstein and on unanimous voice vote the motion was
59 carried.
60
61 2446 National Road West
62
63 Mr. Bronston informed the Board no order had been issued on the property and requested it be striken from the
64 agenda.
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Board of Works Minutes Cont'd
September 10, 1987
Page 7
1 Mr. Willis moved to strike the unsafe building hearing scheduled for 2446 National Road West,seconded by Ms.
2 Silberstein and on unanimous voice vote the motion was carried.
3
4 ADJOURNMENT
5
6 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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9 Susan Silberstein, President
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13 ATTEST:
14 Mary Merchanthouse,City Clerk
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