HomeMy Public PortalAbout07-26-1984 f-t7
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, JULY 26, 1984
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular
2 session July 26, 1984 at the hour of 9:00 A.M. in the Municipal Building in said
3 City. Ms. Maness presided with Mr. Brown and Ms. Silberstein present. The
4 following business was had to-wit:
5
6 Ms. Maness requested the Agenda be changed to allow the Police Department request
7 to be the first order of business.
8
9 Police Chief Joseph Nimitz read the following letter to the Board:
10
11 Dear Board Members:
12
13 The following applicants for the positions of Probationary Police Officers
14 with the Richmond Police Department are recommended for hiring:
15
16 David V. Carter, Age: 24, 634 Richmond Avenue, Richmond, Ind.
17 Forrest Hughes, Age: 29, 4924 U.S. 35 No. , Apt. #9, Richmond, Ind.
18 David M. King, Age: 25, 1415 So. B St. , Richmond, Ind.
19 Ronald M. Phillips, Age: 31, 2241 Autumn Way, Richmond, Ind.
20 Kenneth L. Powell, Age: 29, 311 S.W. 3rd St. , Richmond, Ind.
21
22 These applicants have successfully completed written examinations, background
23 investigations, physical qualifications and have been accepted by the Police
24 Merit Commission.
25
26 It is requested that the above named individuals enter police service with the
27 Richmond Police Department July 30, 1984.
28
III29 /s/ Joseph A. Nimitz
30 Chief of Police
31
32 Ms. Silberstein moved to approve the appointments of the above named persons as
33 Probationary Police Officers of the Richmond Police Department effective July 30,
34 1984, seconded by Mr. Brown and on unanimous voice vote the motion was carried.
35
36 Mayor Frank Waltermann administered the Oath of Appointment to the Probationary
37 Officers.
38
39 UNSAFE BUILDING HEARING - 126 North 7th Street (Clyde Chrisman)
40
41 Order Issued Pursuant To
42 Chapter 98 of the Code of
43 Ordinances of the City of
44 - Richmond, Indiana
45
46 Order Issued To: -Clyde Chrisman
47 126 North 7th Street
48 Richmond, Indiana 47374
49
50 RE: Legal #63 C.W. Starr Addition
51
52 Address: 126 North 7th Street
53 Richmond, Indiana •
54
55 The building or structure, or part thereof, located on the real estate described above,
56 as a result of inspection and investigation by the Planning and Economic Development
57 Department, Building Division, has been found to be in an impaired structural
58 condition or state which renders it unsafe or dangerous to persons and property.
59 Said findings are according to minimum standards established and set forth in Chapter
6098 of the City of Richmond Code of Ordinances.
61
62 Therefore, it is hereby ordered that the following action be accomplished in regard
63 to this property:
64
65 (1) Vacating of the unsafe building immediately.
l�O
Board of Works Minutes Cont'd
July 26, 1984
Page 2 - •
1 (2), Sealing of the unsafe building immediately.
2 (3) Exterminating of varmints in and about the unsafe premises prior to
3 August 1, 1984.
4 (4) Removal of all debris and trash accumulation from exterior and interior
5 of unsafe building prior to August 1, 1984.
6 (5) Prior to building being re-occupied the electrical, plumbing and heating
7 system of the building should be inspected to assure compliance with the
8 building and housing codes of the City of Richmond, Indiana.
9
10 A hearing regarding this order will be conducted by the Richmond Board of Public
11 Works and Safety in the Board of Works Room at the Municipal Building, 50 North
12 5th Street, Richmond, Indiana, at 10:00 a.m. on July 26, 1984.
13
14 You may appear at the above said hearing to show cause why this order should not be
15 complied with; you may be represented by an attorney, present evidence, call witnesses
16 and make arguments at the hearing. If you fail to appear, the hearing will be held
17 in your absence. If the order is affirmed by the Richmond Board of Public Works
18 and Safety and if the Order is not complied with within the time specified in the
19 Order, the Building Division of the Planning and Economic Development Department
20 will cause said action to be taken pursuant to this order. The costs thereof will
21 be assessed against you on the real estate tax duplicate. Further, failure to comply
22 with this order will subject you to litigation.
23
24 You have an obligation according to Section 12 of Chapter 98 of the City of Richmond
25 Code of Ordinances to supply full information regarding this order to any person
26 who may take or agree to take a substantial property interest in the unsafe premises,
27 prior to such transfer or agreement to transfer; also, to supply to the Building
28 Division of the Planning and Economic Development Department within five (5)
29 calendar days of the transfer or agreement to transfer, (a) the full name,
30 address and telephone number of the person acquiring substantial property interest, Ill
31 and (b) a true and accurate copy of the legal instrument under which the transfer
32 or agreement to transfer is accomplished.
33
34 /s/ John D. Bronston
35 Building & Zoning Administrator
36
37 Daniel S. Dooley
38 Supervisor
39
40 Ms. Maness asked a determination from the City Attorney regarding Mr. Chrisman being
41 the owner of record and if he was properly notified of the hearing. Mr. Barden was
42 sworn in to give testimony by the Clerk of the Board of Public Works & Safety.
43 Mr. Barden stated that Mr. Chrisman was the owner of record according to an
44 Administratrix Deed dated July 27, 1973. The order had been mailed to Mr. Chrisman
45 by certified mail on July 9, 1984, but Mr. Chrisman did not sign for the mail and
46 the certification was not returned. Mr. Bronston stated that he had met with Mr.
47 Chrisman and a Mr. Fred Smith, Mr. Chrisman's uncle on July 18, 1984, and notified
48 then at this time that this hearing would be held. The following Affidavit will
49 verify the notification to Mr. Chrisman at this meeting.
50
51 STATE OF INDIANA )
52 )
53 COUNTY OF WAYNE )
5411/
55 AFFIDAVIT
56
57 I, being duly sworn under oath, do hereby state the following to the
58 best of my knowledge and belief:
59
60 (1) That on Wednesday, July 18, 1984, at approximately 10:30 a.m. there
61 was a meeting in the Wayne County Health Department Conference Room
62 of the Wayne County Administration Buildinb. Present were:
63
64 (a) Clyde Chrisman, 126 North 7th St. , Richmond, Indiana
65 (b) An Aunt of Clyde Chrisman's from Columbus, Ohio, Mentah Lingle
2289 Clifton Road
. /61
Board of Works Minutes Cont'd
July 26, 1984
Page 3
•
1 (c) An Uncle and wife of Clyde Chrisman's from Dayton, Ohio,
2 Fred Smith, 33 So. Clinton .
3 (d) Martel Winburn, Public Health Sanitarian, Environmental
4 Health Division, Kenneth E. Barden, City Attorney and
5 John D. Bronston, Zoning & Building Administrator
11/ 6
7 ;(2) We discussed the upcoming scheduled hearing at the Board of Public
8 Works and Safety, for the City of Richmond, Indiana at 9:00 A.M.
9 Thursday, July 26, 1984.
10
11 • /s/ John D. Bronston
12 Zoning & Building Administrator
13 •
14 Sworn Notary dated the 25th day of July, 1984 and signed by Virginia Leonard,
15 Notary Public for Wayne County, Indiana.
16
17 The Clerk of the Board administered the Oath to give testimony to Mr. Dennis
18 Bronston, Zoning and Building Administrator. 'Mr. Bronston stated that on June 13,
19 1984 an inspection had been completed on the property at 127 North 7th Street by
20 himself, Fire Chief Larry Bosell, Martel Winburn of the Wayne County Health Department
21 and two officers of the Richmond Police Department: Mr. Bronston stated that.
22 the findings of this -inspection were that the conditions existing represent a fire
23 and health hazard to the occupant and neighbors. • Photographs were presented to
24 the Board as evidence of the conditions of the dwelling and property. Mr. Bronston
25 issued the Order for the Unsafe Building Hearing on July 9, 1984. .
26
27 Fire Chief Bosell received the Oath to present testimony and told the Board that
28 that the conditions at this dwelling were definately a fire hazard with the
29 accumulation of trash and the exits being blocked by trash and refuse.
30 . . . .. . . - . . .
31 Mr. Marter Winburn received the Oath' to present evidence and stated that this
32 property had been declared unsuitable for human habitation due to the unsanitary
33 conditions. The order to vacate the property was issued on July 9, 1984 and as of
34 yet the property has not been vacated and the conditions have deteriorated.
35
36 Mr. Winburn stated this is one of the' worse conditions he has seen in thirteen
37 years of_doing inspections.
38
39 Ms. Maness stated that the owner of record or other interested persons may now
40 present evidence.
41 -
42 The Clerk of the Board administered the Oath to present testimony to Mr. Fred
43 Smith,• -33 South Clinton, Dayton, Ohio, an uncle of Mr. Chrisman's. Mr. Smith •
44 stated he was interested in Mr. Chrisman's welfare and- is trying -to help Mr.
45 Chrisman relocate.
46
47 The Clerk of the Board administered the -Oath to give- testimony to Mr. Malcolm
48 Buroker of 122 North 7th Street. Mr.- Buroker stated he is the next door neighbor
49 of Mr. Chrisman and the odor from Mr. Chrisman's property will not allow him to
50 be outdoors or to have windows open on the north side of his dwelling:-
51
52 Mr. Clyde Chrisman took, the Oath to give testimony- and testified in his own
III53 .behalf.
54 •
55 Ms. Maness restated the action to be taken as recommended by the Building Division
56 of the Planning and Economic Development Department- -and there being-no -further
57 testimony, Ms. Silberstein moved -to affirm- the Order to- bring- the property to
58 minimum established standards as set forth in the finding-of fact by August 1, 1984,
59 seconded by Mr. Brown and on unanimous voice vote the motion was carried.
60
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62 - -
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Board of Works Minutes Cont'd
July 26, 1984
Page 4
1 APPROVAL OF MINUTES OF JULY 19, 1984.
2
3 Mr. Brown moved to approve the minutes of the previous meeting as prepared,
4 seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
5
6 APPROVAL OF CLAIMS FOR PAYMENT
7
8 Mr. Brown moved to approve claims in the amount of 39,272.73 for payment, seconded
9 by Ms. Silberstein and on unanimous voice vote the motion was carried.
10
11. TABLED ITEMS
12
13 Traffic Visibility Problem at N.W. 5th and Pearl Streets
14
15 The following memo was presented to the Board regarding this item:
16
17 Due to a bond closing this Thursday, July 26, 1984 at 10:00 a.m. the attorney
18 for Mr. Williams, as well as the City Clerk and Mayor will be unable to attend
19 the above hearing. This office respectfully requests that this matter be
20 continued until the next Thursday.
21
22 The item will remain tabled until the August 2, 1984 meeting of the Board of Public
23 Works and Safety.
24
25 Speed Limit on New Paris Pike
26
27 Ms. Maness stated from a letter from the State Highway Commission that due to a
28 program of resignage the State had discovered that no official action had been
29 taken to establish speed limitation on New Paris Pike (State Rd. 121) from
30 State Rd. 227 to Gaar Road. The State is suggesting a 35 MPH speed limit and
31 the Board of Works needs to approve the action.
32
33 Mr. Barden stated there is some question about what portion of this is in the
34 City limits and that Traffic Captain Wogoman is on vacation until next week.
35 Mr. Barden suggested that the Board leave this item tabled until the question of
36 what portion is within the City limits is cleared up.
37
38 Mr. Brown moved to leave this item tabled for clarification, seconded by Ms.
39 Silberstein and on unanimous voice vote the motion was carried.
40
41 Committee formed to study speed control in Richmond High School area
42
43 Ms. Maness stated that the Board will take no formal action on the problem of
44 speeding vehicles in the High School area until more study is made on the matter.
45
46 Mayor Waltermann commented that the School Board requested formal action from the
47 Board of Works at their last School Board meeting and the Board of Works will be
48 receiving a letter requesting this action.
49
50 To remain consistent with past practice the Board appointed the following committee
51 to study the speed control problem in the High School area - John Brown, Police
52 Department Representative, Ralph Willis, Mayor Waltermann, a representative from
53 the School System (John Lebo was suggested) and Mrs. Billie Miller (a parent
54 representative) .
55 11/
56 Ms. Silberstein moved to approve the persons suggested for the Committee and to
57 have the Committee present a preliminary report to the Board on August 9, 1984
58 and a final report on August 16, 1984, seconded by Mr. Brown and on unanimous voice
59 vote the motion was carried. •
60
61 The Clerk was requested to send a memo to all persons involved with the committee
62 and a letter to Mr. Lebo requesting his assistance.
63
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153
Board of Works Minutes Cont'd
July 26, 1984
Page 5
1 DEPARTMENT REQUEST AND COMMENTS
2
3 Public Works
4
5 Change Order #2 for N.W. T Street Project
6
7 Mr. Willis presented a Change Order for the action of the Board regarding the
8 project on N.W. T Street. This project is funded by State and local funds.
9 Ms. Maness requested that this item be brought back on the agenda on August 2, 1984
10 in order for her to have time to familarize herself with the grant and funding
11 on this project.
12
13 Attorney's Office
14
15 Mr. Barden stated that he had responded to two (2) complaints forwarded by the
16 Common Council. The complaint of Mrs'. Emilee Baker regarding a neighbor's
17 interference with her alarm system cannot be acted upon since there is insufficient
18 evidence that there is harassment happening.
19
20 The complaint of Mrs. Linda Varvel regarding garage sales and vendors will be
21 considered when the Council considers ordinances which have been presented to
22 control these matters.
23
24 Mr. Barden also stated that his office is receiving many complaints about damage
25 to vehicles on streets that the State Highway are repaving. The City is not
26 liable and has no jurisdiction or responsibility for this matter. Mr. Barden
27 reminded motorists to use caution driving in areas being repaired.
28
29 HEARING CONTINUATION DATE FOR UNSAFE BUILDING AT 32/ N.W, E ST. - Rhonda Lawrence
31 Mr. Brown moved to set August 9, 1984 at 9:00 a.m. to reopen the hearing on an
32 unsafe building at 32/ N.W. E Street since the time has lapsed for Mrs. Lawrence
33 to bring the building into compliance, seconded by Ms. Silberstein and on
34 unanimous voice vote the motion was carried.
35
36 CHIEF BOSELL APPOINTED TO STATE BUILDING SAFETY & FIRE PROTECTION COMMITTEE
37
38 Fire Chief Bosell told the Board that he had been appointed as a member of the
39 State Committee for Building Safety and Fire Protection and would be working
40 with the committee one day a month to update state laws.
41
42 ADJOURNMENT
43
44 There being no further business on a motion duly made, seconded and passed the
45 meeting was adjourned.
46
47 Cathy A. Maness
48 President
49
50 ATTEST: Mary Merchanthouse
51 Clerk of the Board
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