HomeMy Public PortalAbout07-23-1987 Iq
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND,INDIANA, JULY 23,1987
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session July 23, 1987 at
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the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Silberstein presided with Mr. Willis in
attendance. Absent:Mr. Brown. The following business was had to-wit:
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5 UNSAFE BUILDING HEARING
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7 425 Porterfield Ave.
8 1413 North B Street
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10 Due to the Zoning Administrator being detained, Ms. Silberstein delayed the Unsafe Building Hearings on the
11 Agenda.
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13 APPROVAL OF MINUTES OF JULY 16,1987
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15 Mr. Willis moved to approve the minutes of the previous meeting as prepared, seconded by Ms. Silberstein and
16 on unanimous voice vote the motion was carried.
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18 APPROVAL OF CLAIMS FOR PAYMENT
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20 Mr. Willis moved to approve claims for payment in the amount of 245,802.30 seconded by Ms. Silberstein and on
21 unanimous voice vote the motion was carried.
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23 PUBLIC REQUESTS AND COMMENTS
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25 Pollution Problem-Fairview Residents
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27 Ms. Jean Cannon, 136 N.W. H Street, informed the Board the residents of Fairview are experiencing an air
28 pollution problem leaving a residue on homes with vinyl and aluminum siding. She said there is a yellow
29 substance being deposited and they are unable to remove it. Ms. Cannon stated that she was also concerned
30 about any affect on her husband since he respiratory problems. Ms. Cannon said she has already discussed
31 the matter with the County Health Department, Planning Department and the City Attorney.
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33 Ms.Silberstein asked if they had contacted the Air Pollution Control Board and Mr. Cannon said it should be up
34 to the City officials to get the point across to the State agencies.
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36 Mr. Willis commented that he and Mr. Bronston did investigate the problem and found ten to twelve homes
37 affected by the stain and corrosion. He said by testing scrapings the pollutant could be identified.
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39 Mr. Barden suggested the residents write out their complaints and he would forward them to the Air Pollution
40 Control Board.
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42 Mr.Willis also offered the use of the Chemist at the Water Treatment Plant to assist in identifying the problem.
43 He said the state has total control over the problem and it is up to them to regulate. He added it might become a
44 pretty complicated problem if there is more than one pollutant.
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46 Ms. Cannon stated she felt the City would know where to get help better than private citizens.
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48 Ms. Silberstein said the Board would like to have letter, petitions, names of those affected and a contact person •
49 from the area.
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51 Mr. Dennis Bronston stated he has also talked with the County Health Department and Mr. Tom Atkinson and
52 was being told it was being investigated by Mr. Bob Goins and he will make contact with the State.
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54 Mr. Dave Boyer, 204 NW H Street, informed the Board that his stepson works in construction and indicated the
55 pollutant could also damage roofs with snow and moisture involved. Mr. Boyer asked if OSHA could be involved.
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57 The Board informed Mr. Boyer OSHA only handled employee related health problems.
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59 Mr. Boyer also informed the Board the he had also had a canvas cover on a boat damaged by the residue.
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61 Mr. Willis commented that they can only speculate on the agent causing the problem and if there are multiple
62 agents involved there will be real problems.
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64 Ms. Silberstein added that the Wayne County Health Department is the most direct channel to the State Air
65 Pollution Control Board and the City will do what it can to assist with identification of the pollutant, but they are
Board of Works Minutes Cont'd
July 23, 1987
Page 2
1 not experts in that area.
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3 Mr. Barden said he was willing to get names, addresses and the problems and forward them to the State
4 Department of Environmental Management and them monitor any progress and keep the residents updated.
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6 Mrs. Boyer asked the Board about the safety of garden food and Mr. Willis said the Board could only offer limiter
7 experience and it would not be a realistic expectation to think the pollutant could be identified and the problem
8 solved in a week or two.
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10 Ms. Silberstein asked the residents to give their names, addresses and specific problems and the City Attorney
11 will monitor the situation and the Board will use any persuasion possible.
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13 Ms. Silberstein thanked the residents for making the Board aware of the problem.
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15 Ms. Cannon informed the Board there is a new recycling place in that area that might be investigated and Mr.
16 Willis indicated he already has investigated that possibility and it will need further investigation.
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18 Update on Unsafe Structure at 1109 Parry Street-Mr.David Dilley
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20 Mr. Dennis Bronston told the Board he had made contact with Mr. Dilley regarding the Order issued by the Board
21 on March 19, 1987 for wrecking and removal of the unsafe dwelling at 1109 Parry Street. He said Mr. Dilley had
22 expressed his concerns and desires to repair the property. Mr. Bronston said until just recently he had been
23 unable to get a response from Mr. Dilley regarding the notices sent on the hearing and decision.
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25 Mr. David Dilley, 1523 Red Fern Drive, Pittsburgh, PA 15241, informed the Board that he had received a certified
26 letter from Mr. Bronston three to four weeks ago. He said prior to that he had been in the hospital for 130 days
27 and after receiving the letter, immediately called Mr. Bronston and offered to come to meet with the Board. He
28 explained there have been some repairs made on the structure in the past and he was prepared to write to the
29 Board to commit to making it habitable within 180 days. He said the rehab would include plumbing and exterior
30 maintenance. He indicated he also understood if he sold the property,the new owner would assume all
31 restrictions of the Unsafe Building Order.
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33 Mr. Bronston informed the Board that the structure was unsecured one week ago and Mr. Dilley said he has now
34 nailed the windows shut and secured the door with a combination lock.
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36 Mr. Willis asked how long the structure had been vacant and Mr. Bronston said the last records of an electric
37 meter was July of 1983.
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39 Ms. Silberstein asked if it was economically feasible to rehabilitate the structure and Mr. Bronston said it was
40 probably 75% in tact and the electric had been updated. He said the plumbing needed updated, repairs needed
41 to be done to floors and walls and exterior maintenance needed completed.
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43 Mr.Willis asked if Mr. Dilley intended to hire someone to do the work and Mr. Dilley stated that was correct.
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45 Mr.Willis commented on Mr. Dilley living out of town and the problem keeping in touch about problems. Mr.Willis
46 asked if a local contact person could be designated.
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48 Ms. Silberstein asked if funds were available for the repairs and Mr. Dilley said they were.
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50 Mr. Francis Daniels, 1018 Parry Street,told the Board he was very concerned about the property and it had been
51 empty since 1983 and was a neighborhood blight. He asked the Board to make certain it was economically
52 feasible to repair the structure and that short cuts would not be taken in the repairs. He said he was of the
53 opinion that the structure would never be repairs and he would like to see it removed.
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55 Mr.Willis said the Board would only consider repairs if they were completed within the 180 days and there was a
56 responsible local party.
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58 Ms. Silberstein asked if cost estimates had been made and Mr. Dilley said they had not been,and at one time he
59 negotiated with a neighbor for the sale of the property, but that was unsuccessful.
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61 Ms. Silberstein informed Mr. Dilley that by the time structures such as this are brought to the attention of the
62 Board they have been a blighting influence in a neighborhood for years. Ms. Silberstein suggested the Board
63 require a performance bond to insure the repairs be made.
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65 Mr. Dilley said he was not in the position to post a bond and asked the Board to give him a week to show
Board of Works Minutes Cont'd
July 23,1987
Page 3
1 progress.
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3 Mr.Willis explained that a bond could be in other forms such as a letter of credit. Mr. Willis said the Board was
4 not fooling around with the repairs and was not willing to give Mr. Dilley opportunity to sell the property as a
5 liability.
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7 Mr.Willis said he was going to insist that a bond be posted and repairs be completed within 180 days.
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9 Ms. Silberstein addressed the issue of a bond and the board decided a $3,000. bond should be posted as the
10 maximum amount to cover plumbing repairs.
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12 Mr. Daniels asked if the property had been inspected to see how many repairs were needed to bring it to code
13 and Mr. Willis said the inspection had been made and if Mr. Dilley fails to meet the Order the structure will be
14 removed. Mr.Willis added that with the issuance of Building Permits with structure will also be inspected.
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16 Mr. Dilley said he would be willing to work with the City and did not like the antagonistic attitude of the neighbors.
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18 Mr.Willis moved to modify the Order on an unsafe structure located at 1109 Parry Street to read,the wreck and
19 removal or the repair to code of the property within 180 days with the posting of a bond satisfactory to the City
20 Attorney in the amount of $3,000., seconded by Ms. Silberstein and on unanimous voice vote the motion was
21 carried.
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23 Ms. Silberstein stated she did not believe the bond was an inordinate amount, but would assist in making certain
24 the repairs would be done. She told Mr. Dilley the Board appreciated his attendance.
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26 Mr. Dilley stated that within the next week he would get things started and be in touch with the Board.
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28 DEPARTMENT REQUESTS AND COMMENTS
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30 PLANNING.PERMITS AND INSPECTIONS
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32 Set Date for Unsafe Building Hearing-414 North 18th Street
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34 Mr. Willis moved to set August 27, 1987 at 9:00 AM as the date and time for an Unsafe Building Hearing on
35 property located at 414 North 18th Street, seconded by Mr. Silberstein and on unanimous voice vote the motion
36 was carried.
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38 FIRE DEPARTMENT
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40 Approval of Promotion to Rank of Captain-James Sticco
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42 Fire Chief Don Trotter made the following recommendation to the Board:
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44 I, Donald C.Trotter, Chief of the Richmond Fire Department, recommend the Board of Public Works and
45 Safety approve the bid promotion of Jim Sticco from the rank of lieutenant to the rank of captain
46 effective July 17, 1987.
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48 Mr. Willis moved to approve the promotion of Lt. Jim Sticco to the rank of Captain in the Richmond Fire
49 Department, effective July 17, 1987, seconded by Ms. Silberstein and on unanimous voice vote the motion was
50 carried.
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52 Presentation to Charles Carroll
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54 Chief Trotter presented Charles Carroll to the Board in honor of his recent retirement from the Richmond Fire
55 Department.
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57 Mr. Willis thanked Mr. Carroll and added that his tenure with the Fire Department was one of the longest he was
58 aware of in fire service.
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60 Mr.Willis presented Mr.Carroll a plaque in appreciation of his many years of service.
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62 Ms. Silberstein congratulated Mr. Carroll on his years of good service to the community.
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64 Chief Trotter said the Fire Department would miss the 40 years of experience.
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Board of Works Minutes Cont'd
July 23, 1987
Page 4
1 UNSAFE BUILDING HEARINGS
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3 Ms. Silberstein returned to the Unsafe Building Hearings as previously scheduled on the Agenda.
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5 1413 North B Street
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7 Ms. Silberstein opened an Unsafe Building Hearing pursuant to an Order issued on June 18, 1987 to American
8 Security Corporation on an unsafe premises located at 1413 North B Street. The Order stated the following
9 action be accomplished: Building wrecked and removed and debris removed.
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11 Ms. Silberstein requested Proof of Notification of the hearing.
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13 Mr. Bronston presented return receipt certified mail and Proof of Publication of legal notification. Mr. Willis
14 moved to accept and file the Proof of Notification, seconded by Ms. Silberstein and on unanimous voice vote the
15 motion was carried.
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17 The Clerk administered the Oath to give testimony to Mr. Dennis Bronston.
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19 Mr. Bronston informed the Board that the structure is a two story frame, unsecured with the interior vandalized
20 and damaged. He said the interior is full of litter and debris,the roof needs replaced,the ceilings are damaged
21 and the electrical needs updated. He added the plumbing is possibly still intact.
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23 Mr. Bronston said he has been in contact with the real estate listing agent and explained there was an order on
24 the property to wreck and remove, but the City would be in a position to modify the order with good faith efforts
25 shown to repair the property.
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27 Ms.Silberstein gave opportunity for the owner or record and other interested parties to speak.
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29 The Clerk administered the Oath to give testimony to Attorney at Law,William Holscher and General Manager of
30 American Security Corporation,Gary Hackman.
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32 Mr.William Holscher informed the Board that Mr. Hackman was not in an adversarial position with the Board. He
33 explained the property had been part of a land contract sale that had fallen through in October of 1986. He said
34 there have been attempts to secure the property and to sell the property. He said one buyer wanted to fix up the
35 property in piecemeal fashion which was not acceptable to the City and the other sale fell through.
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37 Mr. Holscher told the Board that they have attempted to get estimates on demolition from Cox Excavating and
38 they have not received the estimates. Mr. Holscher said there alternatives now are to deed the property to the
39 City or to demolish and clean up in a reasonable length of time.
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41 Mr. Gary Hackman explained to the Board about American Security's involvement in land contracts. He said in
42 this particular case, payments were made regularly for one and one-half years and them one day the purchaser
43 mailed then the key.
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45 Ms. Silberstein asked if the offer to deed the property to the City has been investigated and Mr. Barden said he
46 would need to get an,estimate on demolition and see if the sale of the land would support the expenditure.
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48 Ms. Silberstein suggested the Board should just affirm the Order to wreck and remove unless the City just
49 desired to own the property.
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51 Mr. Barden asked if the City was capable of doing the demolition and Mr. Willis said the City did not own the
52 appropriate equipment.
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54 Ms. Silberstein said she would like to see the Order affirmed with a reasonable time allowed for demolition and
55 asked if 60 days would be sufficient.
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57 Mr. Willis asked about securing the property and Mr. Holscher indicated American Security would like to same
58 the funds.
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60 Mr. Willis said he would like to see it temporarily secured in some matter to prevent children from entering and
61 any liability problems.
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63 Mr. Willis moved to affirm the Order to wreck and remove the unsafe premises located at 1413 North B Street,
64 seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
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Board of Works Minutes Cont'd
July 23, 1987
Page 5
1 Being no one in attendance on the hearing on 425 Porterfield Avenue, Ms. Silberstein continued with Department
2 Requests and Comments.
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4 LAW OFFICE
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6 Contract with Wayne Township Trustee-Purchase of Aerial Fire Truck
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8 Mr. William Holscher, Attorney for the Wayne Township Trustee, presented the Board a final version of an
9 Agreement between the City of Richmond and the Wayne Township Trustee for the purchase by the Trustee of
10 an aerial platform for the Richmond Fire Department. Mr. Holscher told the Board the agreement provided for the
11 Trustee to provide the money and open the bids with the pay back from the City to the Trustee being ten percent
12 (10%)per year as credit on the fire services provided by the City to Wayne Township.
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14 Mr. Holscher stated upon approval and execution by the Board of Public Works and Safety, he would return the
15 document to the Trustee for signature.
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17 Mr. Holscher further explained that the Board may set the bid date and handle the legal aspects of the bid. He
18 said the procedure needs final approval by the State Board of Accounts, but he anticipated no problems with
19 setting the bid date.
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21 Purchasing Director, Rita Stout indicated she would like to have the specifications picked up at the Clerk's
22 Office and bids be received in the Clerk's Office to be taken to the Township Trustee for opening.
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24 Mr. Holscher that they have also gone over the specifications and approve them within their limited expertise.
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26 Mr. Willis moved to approve and execute the agreement between the City of Richmond, through its Board of
27 Public Works and Safety, and the Wayne Township through its Township Trustee and Trustee Board , for the
28 purchase of an aerial platform truck for the Richmond Fire Department, as presented, seconded by Ms.
29 Silberstein and on unanimous voice vote the motion was carried.
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31 Ms. Silberstein said she felt the agreement covers all the bases in a good manner and she appreciated the
32 cooperation of Wayne Township and the Township Trustee.
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34 Set Date to Receive Bids for Aerial Platform Truck
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36 Mr.Willis moved to set August 18, 1987 at 3:00 pm as the date and time to receive bids in the name of the Wayne
37 Township Trustee for one aerial platform truck for the Richmond Fire Department, with bids to be opened at 4:00
38 pm by the Trustee and Trustee Board,seconded by Ms. Silberstein and on unanimous voice vote the motion was
39 carried.
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41 Abandonment of Interest in Fire Trucks to Historical Society
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43 Mr. Barden explained to the Board that in 1968 the City gave two fire trucks to the Historical Society and they
44 now need certificates of title to be able to acquire Antique Plates. He said the City has the 1945 Aerins Fox
45 stored at the Street Garage and the Historical Society has the other truck.
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47 Ms. Silberstein said there could be a question of who the City wants to have as owners of the vehicles.
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49 After discussion on the trucks donated to the Historical Society and differentiation from another piece of
50 equipment desired by another historical museum, Mr. Willis moved to execute a Resolution confirming previous
51 grant of two fire trucks to the Wayne County Historical Society and to also amend within the Resolution the
52 spelling of the name of Robert Bever,seconded by Ms. Silberstein and on unanimous voice vote the motion was
53 carried.
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55 MISCELLANEOUS PUBLIC COMMENT
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57 Hazelwood Lane Block Party
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59 The request of Ms. Patricia Foreman, 816 S.W. 5th Street for a block party on Saturday, July 25th, was
60 presented to the Board. Ms. Foreman requested the temporary closing of Hazelwood Lane from SW 5th to the
61 curve in Hazelwood Lane from 5:00 PM to 10:00 PM.
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63 Ms. Foreman will assume all responsibility for the block party, including being contact person and clean up. The
64 Traffic Division has no problems with the request and it is an annual affair for residents of the block.
65 Arrangements have also been made for barricades.
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Board of Works Minutes Cont'd
July 23, 1987
Page 6
1 Mr.Willis moved to approve the temporary closing of Hazelwood Lane on July 25, 1987 from 5PM to 10PM from
2 SW 5th Street to the curve in Hazelwood, seconded by Ms. Silberstein and on unanimous voice vote the motion
3 was carried.
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5 CONTINUATION OF UNSAFE BUILDING HEARINGS
6
7 425 Porterfield Avenue
8 •
9 Ms. Silberstein opened an Unsafe Building Hearing pursuant to an Order issued on July 6, 1987 to Ruth Ann
10 Stephen on unsafe premises located at 425 Porterfield Avenue. The Order stated the building was to be
11 wrecked and removed within fifteen days and the building was to be vacated within fifteen days.
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13 Ms.Silberstein requested Proof of Notification of the Hearing. Mr. Bronston presented the Board a return receipt
14 certified mail.
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16 Mr. Willis moved to accept and file the Proof of Notification, seconded by Ms. Silberstein and on unanimous
17 voice vote the motion was carried.
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19 Mr. Bronston, still being under oath, informed the Board that an order to wreck and remove had been issued on
20 July 1, 1987, but because of the severity of the problem another order was issued to cause the vacating of the
21 dwelling and the wrecking and removal within 15 days. He said there is no plumbing, the electrical needs
22 updated and the structure is falling in. Mr. Bronston said through the efforts of the Planning Department and the
23 Human Service Office, the residents obtained other housing in a short time. Mr. Bronston said the structure
24 represents a serious threat if left standing any longer.
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26 The Clerk administered the Oath to give testimony to Mr. Martel Winburn,Wayne County Health Department. Mr.
27 Winburn told the Board this property has been on ongoing battle for seventeen years and he urged the Board to
28 take the necessary action. Mr. Winburn commended the Ms. Suman, Human Services Coordinator and Mr.
29 Bronston for their outstanding work in getting this job done and the family relocated.
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31 There was no one in attendance to speak in opposition to the Order.
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33 Mr.Willis moved to affirm the Order to vacate,wreck and remove the unsafe dwelling on premises located at 425
34 Porterfield Avenue within 15 days, seconded by Ms. Silberstein and on unanimous voice vote the motion was
35 carried.
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37 ADJOURNMENT
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39 There being no further business,on a motion duly made,seconded and passed the meeting was adjourned.
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46 Susan Silberstein, President
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50 ATTEST:
51 Mary Merchanthouse,City Clerk
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