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HomeMy Public PortalAbout08-20-1987 AN BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA, AUGUST 20, 1987 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session August 20, 1987 111 2 at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Silberstein presided with Mr. Brown and Mr. 3 Willis in attendance. Absent: None. The following business was had to-wit: 4 5 RECEIVE QUOTES FOR SALE OF PROPERTY IN THE AREA OF NW 11TH STREET 6 7 Ms. Silberstein opened a public hearing for the receiving of proposals for the sale of City owned property in the 8 are of NW 11th Street, more formally described as follows: 9 • 10 Part of the Northeast Quarter of Section 31,Township 14, North Range 1 West, in the City of Richmond, 11 Wayne County, Indiana described as follows: 12 13 Beginning as a point said point being south 2065.05 feet and east 100 feet of the northwest corner of 14 the northeast quarter of said Section 31, and running thence from said beginning point, east 14.18 feet; 15 thence north 346.50 feet; thence east 73.92 feet; thence north 110.5 feet; thence west 88.10 feet; 16 thence south 457 feet to place of beginning. Containing an area of 0.336 acres more or less. 17 18 Subject to any easements of record. 19 20 Ms. Silberstein requested Proof of Publication of the public hearing on the sale of the property. 21 22 After having examined the Proof of Publication and finding it to be in order, Mr. Brown moved to accept and file 23 the Proof of Publication, seconded by Mr.Willis and on unanimous voice vote the motion was carried. 24 25 Mr.Willis moved to accept the proposal received and close the receiving of proposals, seconded by Mr. Brown 26 and on unanimous voice vote the motion was carried. 27 28 The Board received the following quote: 29 30 I, Robert M. Lichtenfels, hereinafter referred to as"BUYER", hereby offer and agree to purchase certain 31 real estate situation along Northwest 11th Street and Indiana Avenue in Richmond, Wayne County, 32 Indiana, see legal.description attached, from the City of Richmond, Hereinafter referred to as 33 "SELLER",for a total of$100.00. 34 35 I hereby designate Terry O'Maley, Attorney at Law, 400 First National Bank Building, Richmond, 36 Indiana,to act as my attorney in behalf of me in relations to said sale, and that all notice may be sent to 37 him. 38 39 Dated this 7th day of July, 1987. 40 41 /s/ Robert M. Lichtenfels 42 43 Mr. Willis moved to refer the Offer to Purchase city owned property as previously described to the City Attorney 44 for negotiation and to make a recommendation back to the Board regarding the Offer to Purchase,seconded by 45 Mr. Brown and on unanimous voice vote the motion was carried. 46 47 UNSAFE BUILDING HEARINGS 48 49 1107 Sheridan Street 50 1111 Sheridan Street 51 52 Mr. Bronston requested the hearings be held to the end of the Agenda due to the possible length of the hearings. 53 54 Ms. Silberstein noted the hearings for 1107 Sheridan Street and 1111 Sheridan Street would be delayed to the 55 end of the Agenda. 56 57 CONTINUATION OF UNSAFE BUILDING HEARING 58 59 214 North 13th Street 60 61 Mr. Bronston requested this continued hearing also be delayed to the end of the Agenda and Ms. Silberstein 62 noted the delay to the end of the Agenda. 63 64 APPROVAL OF MINUTES OF AUGUST 13,1987 65 9-‘1 9-Th Board of Works Minutes Cont'd August 20, 1987 Page 2 1 Mr. Willis moved to approve the minutes of the previous meeting as prepared, seconded by Mr. Brown and on 2 unanimous voice vote the motion was carried. 3 4 APPROVAL OF CLAIMS FOR PAYMENT 5 6 Mr. Brown moved to approve claims for payment in the amount of 78,992.89 seconded by Mr. Willis and on 7 unanimous voice vote the motion was carried. 8 9 TABLED ITEMS 10 11 Public Transit Employee Rules and Regulations 12 13 Mr. Willis stated that he had a couple of items in the proposed rules and regulations that he had objections to 14 including the item regarding theft of other types of dishonesty. Mr.Willis requested the rules be more specific on 15 the dishonesty being job related. 16 17 Ms. Silberstein asked if the various offenses and results listed in the proposed rules were currently in effect and 18 Janet McFarland, Public Transit Manager, explained that most of them were,but she did add some as worked out 19 with the Ms. Roberson. Ms. McFarland said they also deleted one and tightened up some to make them more 20 appropriate. 21 22 Ms. Silberstein asked if 5 D should have been deleted and Ms. McFarland indicated that was should be deleted. 23 24 Mr. Brown noted that the reporting procedures and been tightened up to eliminate confusion. 25 26 Ms. McFarland stated they had spent several months updating the rules and are the rules covered in the Union 27 Contract with the drivers. 28 29 Ms. Silberstein requested the typographical errors be worked out and suggested D in Section 11 be omitted 30 since it is covered more specifically in H and I. She also felt the reference in A"Unfit to associate with the best 31 people "was not needed in the rules. 32 33 Ms. Silberstein stated the rules address generals and specifics and were very well done. 34 35 Ms. Silberstein suggested the Board adopt the rules with the requested changes and execute when the changes 36 are completed. 37 38 Mr. Willis moved to authorize and adopt the Public Transit Rules and Regulations subject to editing and 39 discussed with execution by the Board on completion of the editing, seconded by Mr. Brown and on unanimous 40 voice vote the motion was carried. 41 42 Ms. Silberstein asked when the rules would be effective and Ms. McFarland said she would make the corrections 43 and being the rules for Board signature next week and meet with the drivers after execution by the Board. 44 45 PUBLIC REQUESTS AND COMMENTS 46 47 Residential Handicapped Parking Requests 48 49 110 North 14th 50 51 The request of Dorothy Mullin of 110 North 14th Street for a residential handicapped parking space was 52 presented to the Board. Ms. Mullin has Permit No.44439 with an expiration date of February 15, 1990. 53 54 Sgt. Smith informed the Board he had investigated the request and there is adequate off street parking available 55 and the request is to make certain a space is reserved for pick ups. 56 57 Mr. Brown moved to deny the request for a residential handicapped parking space at 110 North 14th Street due 58 to off street parking available, seconded by Mr.Willis and on unanimous voice vote the motion was carried. 59 60 444 SW 4th 61 62 The request of Carlyle Cottongin of 444 SW 4th Street for a residential handicapped parking space was 63 presented. Mr. Cottongin holds Permit Number 55800 with an expiration date of November 7, 1990. The request 64 is being made to assist a daughter with pick ups. 65 ,Al.5 Board of Works Minutes Cont'd August 20,1987 Page 3 1 Sgt. Smith informed the Board the request does not meet the guidelines since there is adequate off street 2 parking available. 3 4 Mr. Brown moved to deny the handicapped parking request at 444 SW 4th Street due to adequate off street 5 parking being available, seconded by Mr.Willis and on unanimous voice vote the motion was carried. 6 7 Request to Erect Scaffolding in First Block of No.10th 8 9 Mr. Tom Pugh of 16 River Court requested permission from the Board to erect scaffolding in the first block of 10 North 10th and along the alley to paint building for Paust Printing. He said they will need the scaffolding on the 11 side walk on 10th Street to paint the exterior of the structure and will only locate it there during day hours and 12 move it in the evenings. He said it will also be roped off. Mr. Pugh said the scaffolding will also be needed in the 13 alley and will not block the alley to any traffic. 14 15 Mr. Willis asked if there would be room for pedestrian traffic around the scaffolding and Mr. Pugh indicated there 16 would be. 17 18 Sgt. Smith asked the dimensions of the scaffolding and Mr. Pugh stated it would be 4 feet by 5 feet. 19 20 Sgt. Smith said there would be no problems with that and asked that Mr. Pugh put a Men Working sign up when 21 they were located in the alley to notify vehicular traffic. 22 23 Mr. Pugh also informed the Board that he was properly insured. 24 25 Mr. Willis moved to approve the placing of a scaffolding in the first block of North 10th Street and the alley 26 adjacent to Paust Printers effective August 20, 1987 for a two week period during daylight hours, seconded by 27 Mr. Brown and on unanimous voice vote the motion was carried. 28 29 Petition for Designated Archery Area-Whitewater Valley Archery Shop 30 31 Mr. Howard Karn of 31 Cumberland Road presented a petition for an indoor archery range to be located at 1505 32 South 9th Street. Mr. Karn stated he would provide the Board the necessary insurance forms and numbers. 33 34 Ms. Silberstein said since there was an Ordinance establishing procedure and the petition the Board would need 35 to follow the procedure and asked about the need for the names of neighbors and if they are in favor of or in 36 opposition to the range. 37 38 Mr. Karn stated he had no immediate neighbors. 39 40 Mr.Willis indicated he couldn't see how rules for an outdoor range would apply to an indoor facility. 41 42 Ms. Silberstein stated she was willing to act on the request if the Board feels the process can be waived. 43 44 Mr. Barden informed the Board that he was comfortable with the information presented. 45 46 Ms. Silberstein suggested the Board find the Ordinance adopted by Common Council inappropriate for an indoor 47 archery range and go ahead and approve the placement. 48 49 Sgt. Smith stated he had no problems with the request. 50 51 Mr. Willis moved to approve the request for an indoor archery range to be located at 1505 South 9th Street, 52 contingent upon only indoor activities and the Ordinance 153-1984 as adopted by Common Council waived by 53 the Board of Public Works and Safety, seconded by Mr. Brown and on unanimous voice vote the motion was 54 carried. 55 56 DEPARTMENT REQUESTS AND COMMENTS 57 58 FIRE DEPARTMENT 59 60 Request to Burn Property at 2401 Chester Boulevard 61 62 Assistant Chief Don Atkins presented a request to the Board to burn the property at 2401 Chester Boulevard for 63 training purposes. The request stated that permission had been secured from the State and the permit will 64 expire on October 1, 1987. 65 )( Board of Works Minutes Cont'd August 20, 1987 Page 4 1 Asst. Chief Atkins stated he had checked with Dr. Siebert, owner of the only close building and Dr. Siebert 2 approved the burning and will cooperate with the placement of fire equipment in the area. 3 4 Asst. Chief Atkins informed the Board the training would be a three day exercise with smoke training the first 5 day, forcible entry, rescue and search the second day and the actual burning of the structure the third day. He 6 said they will burn the structure as quickly as possible to eliminate much of the smoke and the Sanitary District 7 will assist in providing water storage in order that they not have to run hoses across Chester Boulevard unless 8 there would be an emergency situation. Asst. Chief Atkins also added that the fire equipment would not be on 9 the road unless there would be an emergency. 10 11 Ms. Silberstein asked about the debris being cleaned up after the training and Asst. Chief Atkins stated that Mr. 12 Sticco, owner of the property,would clean up and complete the job. Mr. Sticco was in attendance. 13 14 Mr.Willis moved to grant approval to burn the property located at 2401 Chester Boulevard for a training exercise 15 in accord with the Air Pollution Control Division of the Environmental Management for the State of Indiana and 16 under the discretion of the Chief or Assistant Chief, seconded by Mr. Brown and on unanimous voice vote the 17 motion was carried. 18 19 Approval to Participate in National Fire Safety Educational Program 20 21 A request was received from Wayne Jackson, Chief of Fire Prevention, to permit the Fire Department 22 participation in the National Fire Safety Council's educational program. The request indicated this was a non- 23 profit, tax exempt organization that provides fire safety educational materials for local school programs. 24 25 Ms. Silberstein explained the National Fire Safety Council secures businesses to underwrite the cost of 26 providing educational materials for fire prevention programs in the schools. 27 28 Mr. Brown moved to approve the participation of the Richmond Fire Department in the National Fire Safety 29 Council's educational program, seconded by Mr.Willis and on unanimous voice vote the motion was carried. 30 31 UNSAFE BUILDING HEARINGS 32 33 1107 Sheridan Street 34 35 Ms. Silberstein opened an Unsafe Building Hearing on property located at 1107 Sheridan Street pursuant to an 36 Order issued on July 17, 1987 to Mervin Sheets of 32 Tillson Road, Hollansburg, Ohio. The Order stated the 37 following action would be accomplished within thirty days of receipt of the Order: (1) Repair of unsafe building 38 (dwelling)to meet the minimum standards of Richmond Building Code (2) Removal of rear portion of unsafe 39 building (dwelling) (3) Wreck and remove of unsafe building (outhouse) and (4) Removal of trash, debris or fire 40 hazardous material in and about unsafe premises. 41 42 Ms. Silberstein requested Proof of Notification of the Hearing and was presented a return receipt signed by 43 Diane Sheets. 44 45 Mr. Brown moved to accept and file the Proof of Notification, seconded by Mr. Willis and on unanimous voice 46 vote the motion was carried. 47 48 The Clerk administered the Oath to give testimony to Mr. Dennis Bronston, Code Enforcement Officer. 49 50 Mr. Bronston informed the Board that he had recommended the Board reschedule the Unsafe Building Hearing on 51 this property due to confusion on the notification on the hearing scheduled on July 16, 1987. He said the 52 previous order was rescinded. 53 54 Mr. Bronston stated he was at this location on August 17, 1987 the same conditions existed as during the 55 previous inspection. Mr. Bronston presented pictures to the Board of the dwelling and conditions existing on 56 the premises. 57 58 Mr. Bronston informed the Board the owner was present and he talked about being desirous of making repairs, 59 but has not shown any good faith effort to date. 60 61 Ms. Silberstein asked if it was the recommendation that the property could be repaired and Mr. Bronston stated ii 62 could be repaired, but they need to remove the rear portion of the dwelling, remove the outbuilding and clean up 63 the debris. 64 65 Ms. Silberstein gave opportunity for the owner of record to speak. c l6 Board of Works Minutes Cont'd August 20, 1987 Page 5 1 Mr. Mervin Sheets of 32 Tillison Road, Hollandburg, Ohio, informed the Board that he would have the debris 2 removed within the next two (2) weeks and he had been informed he could get a city truck to assist in the 3 removal since he had no truck available and was not financially able. Mr. Sheets said he was still waiting on 4 funds from the sale of his property at 16th and East Main to the State and the funds would not be available for 5 ninety days. He state he had an appointment with the bank today to borrow funds so he would be financially able 6 to make repairs to the property. 7 8 Mr. Brown asked if Mr. Sheets was stating he was financially unable to clean up the premises and Mr. Sheets 9 said he was and was unaware he would get any help until recently. 10 11 Mr. Brown stated that nothing has been done since July 16, 1987 when the last hearing was conducted and Mr. 12 Sheets indicated then he would start clean up. 13 14 Ms. Silberstein asked Mr. Sheets if he had accepted the offer of the State on the purchase of the property at 15 16th and Main and Mr. Sheets said he had not yet accepted the offer, but it is a firm offer and he has made his 16 appointment with the bank based on the offer. 17 18 Mr. Willis explained that the Board had set the previous hearing aside, set another hearing, and he was not able 19 to buy that Mr. Sheets was just now getting financing. ,He said the Board had allowed Mr. Sheets thirty days to 20 show some good faith when they set the other hearing aside and Mr. Sheets was still not prepared. Mr. Willis 21 asked if any efforts had been made on the property. 22 23 Ms. Silberstein sated she was also upset that Mr. Sheets would need to depend on city help to clean up the 24 properties since city trucks did not provide a commercial service. 25 26 Mr. Willis indicated the Sanitary District does have containers available and will try to cooperate, but he had no 27 idea of the availability of the containers. Mr. Willis stated that the condition of the property was a blatant 28 example of a person not residing in the house and not caring about the conditions. 29 30 Mr.Sheets commented that the neighbors were causing the problems by trashing his property. 31 32 Mr. Brown asked Mr. Sheets if he had contacted Mr. Bronston since the last hearing to keep him updated and Mr. 33 Sheets said he contacted Mr. Bronston on August 17, 1987. 34 35 Ms. Silberstein asked what assurances would be given to the Board that the Order would be followed. 36 37 Mr. Sheets stated that all the debris would be removed within the next two weeks. 38 39 Ms. Silberstein said the debris has been accumulating over a long period of time and if Mr. Sheets was relying on 40 himself and his family to do the cleaning, it could have been done a long time ago. She said the Board needs 41 assurances and since there has been no change in circumstances the Board is just performing an exercise in 42 faith. 43 44 Mr.Willis asked if the buildings would also be removed and Mr. Sheets said he would get that done in the two 45 weeks with the removal of the debris or the Board could have the property. 46 47 Ms. Silberstein stated the Board is only hearing intentions and suggested the hearing could be continued for two 48 weeks to see what will be accomplished and base the final order on the accomplishments. 49 50 Mr.Willis stated he was at the point of ordering the entire thing removed if nothing is done. 51 52 Ms. Silberstein noted that if the order is affirmed after the two week continuation, it will be expires and immediate 53 action can be taken on the order. 54 55 Mr. Brown moved to continue the Unsafe Building Hearing on premises located at 1107 Sheridan Street to 56 September 3, 1987 at 9:00 AM. Mr.Willis seconded the motion and requested the record to show this is the third 57 and final hearing on this property. The motion to continue the hearing was adopted on unanimous voice vote. 58 59 1111 Sheridan Street 60 61 Ms. Silberstein opened an Unsafe Building Hearing on premises located at 1111 Sheridan Street pursuant to an 62 Order issued to Diane Bates Sheets,32 Tillison Road, Hollansburg, Ohio. The Order stated the following action 63 was to be accomplished within thirty days of receipt of the Order: (1) Wreck and removal of unsafe building 64 (dwelling) (2) Wreck and removal of unsafe building (outbuildings) (3) Removal of trash, debris or fire 65 hazardous material in and about unsafe premises. Board of Works Minutes Cont'd August 20, 1987 Page 6 1 Ms. Silberstein requested Proof of Notification of the Hearing and was presented a return receipt signed by 2 Diane Sheets. 3 4 Mr. Brown moved to accept and file the Proof of Notification, seconded by Mr. Willis and on unanimous voice 5 vote the motion was carried. 6 7 Mr. Bronston, still being under oath, informed the Board that the previous order issued for the July 16, 1987 8 hearing had been rescinded and the same conditions still exist at the premises that were addressed at the 9 previous hearing. 10 11 Mr. Bronston pointed out to the Board the concerns of the Fire Department over the hazards existing on the 12 property. 13 14 Mr. Bronston stated that the owner was desirous of repairing the dwelling, but he believed the cost of repairs 15 would exceed the worth of the structure. Mr. Bronston shared pictures of the condition of the property with the 16 Board. 17 18 Ms. Silberstein commented on there being no central heating and Mr. Sheets commented there was also no 19 water,gas or electric at the property. 20 21 Ms. Silberstein requested that Mr. Sheets be under oath for the hearings, and the Clerk administered the Oath to 22 give testimony to Mr. Sheets. 23 24 Mr. Bronston stated that unless it could be demonstrated that it were financially feasible to make the repairs, he 25 recommended the structures be wrecked and removed. Mr. Bronston said Mr. Liebert and Mr. Hedgecock, 26 Building Inspectors, also agreed that it was not financially feasible to restore the dwelling. 27 28 Mr. Sheets commented that the structure was sound, constructed of brick and there were doors and windows. 29 30 Mr. Bronston asked when the last time the property had been occupied and Mr. Sheets said five years ago. 31 32 Ms. Silberstein said the Board sees that dwellings are repaired to code or taken down to prevent further blight. 33 She asked Mr. Sheets if he had an estimate of repairs to bring the structure to code. 34 35 Mr. Sheets said he did not, but he could get a list by September 3, 1987 and added if the Board wanted the house 36 they could have it. 37 38 Mr. Brown stated that Mr. Sheets had been given several opportunities and it was not the job of the Board to 39 take houses. 40 41 Ms. Silberstein informed Mr. Sheets that had he been serious, the Board should have seen some concrete 42 demonstration and that would start with an estimate of repairs to see if it was financially feasible to repair the 43 premises,then the Board would have taken a look at the financial capabilities of Mr. Sheets to make the repairs. 44 45 Mr. Willis stated the Board had given Mr. Sheets thirty additional days with the recision of the last hearing and 46 expected him to be prepared at this hearing. Mr.Willis added that he did not feel Mr. Sheets could afford to make 47 the necessary repairs under his financial conditions and Mr. Sheets stated that Mr. Willis was wrong since the 48 offer from the State for the property at 16th and Main was for$30,825.00. 49 50 Mr. Barden stated that if the Board were considering allowing repairs, they could require the posting of a 51 $10,000.00 bond on each property and require the bond be posted within the next two weeks. He said this would 52 give the Board some assurances the repairs would be made. 53 54 Ms. Silberstein stated the Board has already continued the hearing on 1107 Sheridan, but they do use the option 55 of the posting of bonds on repairs and suggested Mr. Sheets could look at the list of acceptable ways to post 56 bonds, since she intended to recommend a bond be posted on 1107 Sheridan Street. 57 58 Mr. Barden recommended that if any repairs are submitted,the bond must also be submitted at that time. 59 60 Ms. Silberstein said the Board could modify the Order to include the posting of a bond within two weeks. 61 62 Mr. Sheets informed the Board that he did not intend to post any bond and the City could have the properties. He 63 said he only wanted to save and repair the properties. 64 65 Mr.Willis moved to affirm the order issued on property located at 1111 Sheridan Street for(1)Wreck and removal Board of Works Minutes Cont'd August 20, 1987 Page 7 1 of unsafe building (dwelling), (2) Wreck and removal of unsafe building (outbuilding), and (3) removal of trash, 2 debris or fire hazardous material in and about unsafe premises within thirty (30) days of the receipt of Order, 3 seconded by Mr. Brown and on unanimous voice vote the motion was carried. 4 5 Mr. Sheets commented he would like to remove his personal belongings from the buildings and was informed the 6 City would take quotes for demolition and he would have that time period to remove his belongings. 7 8 Mr. Barden informed Mr. Sheets that if the City wrecked and removed the buildings, the liens filed would be 9 against all real and personal property of the owner of record in Wayne County. 10 11 CONTINUATION OF UNSAFE BUILDING HEARING 12 13 214 North 13th Street 14 15 Ms. Silberstein opened a formal continuation of an Unsafe Building hearing on property located at 214 North 16 13th Street pursuant to an Order issued on June 18, 1987 with the original hearing scheduled on July 16, 1987 17 and the owner of record being American Security and the contract purchaser being Douglas Sieber. The hearing 18 was continued for a schedule of repairs to be submitted to the Board. 19 20 Mr. Bronston,still being under oath, informed the Board the structure was full of debris,the roof and box gutters 21 needed repaired and the electrical system was defective. He said he has not heard back from Mr. Sieber since 22 the hearing was continued. 23 24 Ms. Silberstein gave opportunity for the owner of record to speak. 25 26 The Clerk administered the oath to give testimony to Mr. Gary Hackman, manager of American Security. Mr. 27 Hackman said some accomplishments have been made,the grass has been cut and some of the debris removed 28 and the porch railing has been setback up. He said the building is secured and Mr.Sieber will be able to do more 29 with the repair of the property when he is through with his job at Camp Clements. 30 31 Mr. Brown asked if all the interior debris was removed. 32 33 The Clerk administered the Oath to give testimony to Mr. Doug Sieber,contract purchaser. 34 35 Mr. Sieber told the Board that he had removed a lot of the stuff he had stored, but it still needed a good cleaning. 36 He said he has been a Camp Clements and will need another thirty days to get it looking good. 37 38 Mr.Willis reminded Mr. Sieber that he made a formal commitment to the Board to submit the list of repairs and it 39 was becoming a problem to know who to trust. 40 41 Mr. Brown asked Mr.Sieber if he had contacted Mr. Bronston to let him know he would be unable to get the repair 42 schedule and Mr. Sieber stated he had not. 43 44 Mr. Willis told Mr. Sieber he had better get his estimate to the Board within two weeks and then get honest with 45 the Board about being able to make the necessary repairs. 46 47 Mr. Bronston requested Mr. Sieber look at a poison weed problem on the property that the bringing complaints 48 from neighbors. 49 50 • Ms. Silberstein recommended the Board continue the hearing for two to three weeks for a repair schedule and 51 requested this be the last continuation. 52 53 Mr. Sieber asked if it would be all right to submit the repairs to Mr. Bronston if they were ready sooner and was 54 informed that was acceptable. 55 56 Mr. Brown moved to continue the hearing on unsafe premises located at 214 North 13th Street to September 10, 57 1987 at 9:00 AM for a schedule of repairs to be submitted,seconded by Mr. Willis and on unanimous voice vote 58 the motion was carried. 59 60 ADJOURNMENT 61 62 There being no further business,on a motion duly made, seconded and passed the meeting was adjourned. 63 64 65 Susan Silberstein, President ATTEST Mary Merchanthouse,City Clerk