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HomeMy Public PortalAbout03-31-1983 ` 5 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, MARCH 31 , 1983 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session March 31, 1983 at the hour of 9:00 a.m. in the Municipal 3 Building in said City. Mr. Meredith presided with Mr. Cordell present. Absent: 4 Mr. Webb. The following business was had, to-wit: 5 6 APPROVAL OF MINUTES OF MARCH 24, 1983 7 8 Mr. Cordell moved to approve the minutes of March 24, 1983 as prepared, 9 seconded by Mr. Meredith and on unanimous voice vote the motion was carried. 10 11 REQUEST FOR USE OF CITY LOT FOR FARMERS' MARKET - Charles Springer 12 13 Mr. Charles Springer requested permission to use the parking lot across from 14 the library for the Farmers' Market on Saturdays starting June 25 through the 15 end of October. They will be using the north three-fourths of the parking lot 16 for the market. Everything will be done as in the past. The charge to the 17 vendors is $1.00 for covering expenses. Last year there were 220 different 18 vendors, with the most at one time being 100. The money is used for announce- 19 ments and hiring people to direct traffic. Hours will be from 7:00 a.m. to 20 12:00 noon. The vendors sign an agreement holding the city harmless. Capt. 21 . Dan Wogoman noted there have been no traffic problems in the past. Mr. Bill 22 Davis, Department of Transportation, stated his Department has supplied barrels 23 in the past but will not have them available this year. He suggested the ven- 24 . dors hauling their own debris. Mr. Springer stated this is in the agreement 25 and he will inform the vendors. Mayor Dickman noted the only complaint he has 26 had is from. competition. He stated the vendors should only be local people 27 selling their products. Mr. Springer stated there is no packaged goods sold 28 and vendors: are from this area only. City Attorney Ed Anderson stated the 29 agreement is in order. 30 31 Mr. Cordell moved that the request for the use of the city lot for the Farmers' III 32 Market. from June 25 Sao October 29 from 7:00 a.m. to 12:00 noon be approved, 33 seconded by Mr. Meredith and on unanimous voice vote the motion was carried. 34 35 DEPARTMENT OF TRANSPORTATION RESIGNATION AND APPOINTMENT 36 37 The Clerk read the following letter: 38 39 I hereby recommend to the Board of Public Works and Safety that 40 the resignation of Jerry Haynes as Director of Transportation of 41 the City of Richmond be accepted. 42 43 Mr. Haynes has been under suspension without pay since February 3, 44 1983, and his letter of resignation stated the date of March 21, 45 1.983, as the effective date of resignation. 46 47 /s/ Clifford J. Dickman 48 Mayor 49 50 Mr. Cordell moved that the City of Richmond approve the resignation of Jerry. 51 Haynes as the Director of the Department of Transportation, seconded by Mr. 52 Meredith and on unanimous voice vote the motion was carried. 53 54 The Clerk read the following letter: 55 56 57 I hereby recommend to the Board of Public Works and Safety that, 58 William L. Davis, now serving as the Acting.;Director of Trans- 59 :portation, be named the Director of Transportation of the City 60 of Richmond, effective April 1, 1983. 61 62 /s/ Clifford J. Dickman 63 Mayor 64- 65 Mr. Cordell moved that William L. Davis, who is now serving as Acting Director 66 of the Department of Transportation, be named as Director of Transportation of 67 the City of Richmond, effective April 1, 1983, seconded by Mr. Meredith and on 68 unanimous voice vote the motion was carried. god Board of Works Minutes cont'd. March 31, 1983 Page 2 1 CURB CUT PETITON - COCA COLA BOTTLING CO. , INC. 2 3 The request is for two (2) cuts each forty-five feet (45') to serve a parking 4 lot for trucks on N. W. 2nd between the alley and Main on the west side of the 5 street. . This meets zoning requirements but carries a stipulation that paving 6 be done in one (1) year. The cut has approval of Planning, Engineering and 7 Traffic Departments. 8 9 Mr. Cordell moved to approve two (2) curb cuts on N. W. 2nd between the alley 10 and Main Street with paving to be done within one (1) year, seconded by Mr. 11 Meredith and on unanimous voice vote the motion was carried. 12 13 . RESOLUTION NO. 2-1983 14 15 The Clerk read the following resolution: 16 17 . . A-RESOLUTION EXPRESSING THE GRATITUDE OF THE CITIZENS OF THE 18 CITY OF RICHMOND, INDIANA FOR THE REPORTING SERVICE OF FRED LORD. 19 20 WHEREAS, Fred Lord was born in 1918 in Rush county, Indiana, graduated 21 from Morton High School, attended Eariham College and served in the 22 United States Navy as a photographer in the Pacific Theatre; and 23 . 24 WHEREAS, Fred Lord has been a reporter for the Palladium Item, a 25 daily newspaper, for thirty-six years; and 26 27 WHEREAS, Fred Lord has for the past twenty-five years reported on 28 government news, both activities of the City of Richmond, Indiana 29 and Wayne County, Indiana; and 30 31 WHEREAS, Fred Lord in his reporting has sought the facts and has 32 . reported such facts honestly, succinctly and accurately in a most 33 professional manner; and 34 35 WHEREAS, Fred Lord exemplifies his profession of. allegience to 36 high ethical standards of reporting and to his newspaper; and 37 38 WHEREAS, Fred Lord has reported the deliberations, findings and 39 decisions of this body for many years; and 40 41 WHEREAS, Fred Lord has been most tolerant of the body and has 42 contributed on innumerable occasions to its fact finding powers 43 , by reminder of dates, events, and history. 44 45 NOW THEREFORE be it resolved by the Board of Public Works and Safety of 46 ' the City of Richmond, Indiana that: 47 48 1. Fred Lord be extended thanks and warm appreciation on behalf 49 of all citizens of the City of Richmond, Indiana for a job well done; 50 and further that 51 - 52 2. Fred Lord be commended for setting an outstanding example to 53 all other newspaper reporters of fairness and accuracy in reporting 54 the news; and further that 55 56 3. Fred Lord be honored for his dedication and service to his 57 profession. 58 ' 59 PASSED and ADOPTED by the Board of Public Works and Safety of the 61 City of Richmond, Indiana, this 31st day of March, 1983. 62 63 /s/ Donald E. Meredith, President 64 /s/ Edward Cordell, Member 65 66 APPROVED by the Mayor of the City of Richmond Indiana,. this 67 31st day of March, 1983. 68 69 /s/ Clifford J. Dickman, Mayor 70 71 ._ ATTEST: 72 /s/ JoEllen Trimble, Clerk • /G7 Board of Works Minutes cont'd. March 31, 1983 Page 3 • 1 Board members, the:Mayor and City Attorney praised Mr. Lord for his reporting 2 of governmental activities and thanked him for .his fairness to all. 3 4 Mr. Cordell moved to adopt Resolution No. 2-1983 honoring Fred Lord, seconded 5 by Mr. Meredith and on unanimous voice vote the motion was carried. 6 7 The Clerk. will send-a copy of this resolution to the Palladium-Item. 8 - 9 RETIREMENT OF RICHARD LONGER III 10 • - 11 Mr. Meredith noted this Board does ,not act-on matters .concerning the Sanitary 12 District; •however, Mr. Longer is serving his last day today in the Department 13 of Sanitation. He -has worked in other areas of government and it is with ap- 14 preciation. that we wish him well in his retirement. He has done a good job 15 for the city. 16 17 Mayor Dickman stated we appreciate his contribution to the city and wish him 18 the best of health in his retirement. 19 - 20 UNSAFE BUILDING HEARINGS - 21 22 Mr. Meredith noted the City :Attorney conducts these hearings and turned the 23 meeting over to Mr. Anderson. 24 25 Mr. Anderson noted these hearings are conducted pursuant to our Unsafe Building 26 Ordinance. The Building Commissioner has issued the order pursuant to Section 4 27 of the Ordinance. 28 29 519 North 22nd Street • 30 • 31 The Clerk read the following order: 32 33 Order Issued• Pursuant to • • III 34 City of Richmond 35 Ordinance No. 100-1979 36 37 March 8, 1983 38 39 Order Issued to: Woodrow B. and Cleona E. White 40 519 North 22nd St. 41 Richmond IN . 42 • 43 RE: G B S D S.% Lot 62 PVW • 44 1 519 North 22nd St. ' 45 Richmond IN • 46 47 The building or structure, or part thereof, located on thed real estate 48 described above has, as a result of.inspection and investigation by the 49 Building Commissioner of the City of Richmond, been found to be in an 50 impaired structural condition 'or state which. renders it unsafe or dan- 51 -gerous_ to.persons: and_ '-proper ' Said findings• ar-e aecor•3ing to the 52 specifications of an unsafe building as set forth -in Section 2(b) (4) . 53 54 Therefore, it is hereby ordered that the following action be accomplished 55 in regard to this property: 56 57 Remove unsafe building, According to Section 3, Paragraph 6, 58 City of Richmond Ordinance No. 100-1979. 59 60 - The above stated action- shall be accomplished no later than April 27, •• 61 1983. 62 63 'A hearing regarding this 'Order will be held in the Board of Works Room 64 at the Municipal Building, 50 North 5th Street, Richmond, Indiana, at 65 10:00 a.m. on March 31, 1983. You may appear at the above said hearing • 66 to show cause why this order should not be complied with; you may be 67 ' represented by an attorney, ,present evidence, call witnesses and make 68 arguments at the hearing. If you fail to appear-, the hearing will be 69 held in your. absence. - If. the order is affirmed, the Building Commissioner 70 will cause said action to be taken pursuant to this order. The costs Board of Works Minutes cont'd. • March 31, 1983 Page 4 1 -t1 reof..wi 1 l:be ;as'sessed against -you on the real-estate tax .duplicate. 2 . Further, failure to comply with this order will subject you to litigation. 3 4 You have an obligation according to Section 12 of ORDINANCE No. 110-1979 5 to- supply full- information-regarding this order to any person who may 6 take -or' agree to-. take :a substantial property interest in the unsafe 7 premises, prior to. such transfer or agreement to transfer; also to 8 supply .to the Building Commissioner, within five (5) calendar days of 9 the transferor agreement to transfer., (a) the full name, address and 10 telephone number of the person acquiring substantial property interest, 11 and (b) a true and accurate copy of the legal instrument under which 12 ; the transfer or .agreement to transfer is accomplished. 13 14 The order was sent by certified mail and the record will show that it was served. 15 The defendant-was not present; however, the Ordinance does provide that in the 16 absence of. the defendant the hearing' 'can still be held. . 17 18 Building Commissioner Charles Roberts presented :evidence in the form of a pic- 19 ture taken March 22 at 11:55 a.m. of this-structure. There was- a fire there - 20 two or three years ago and the interior is beyond repair as well as the roof. 21 The garage could be left; but the building itself should come down. 22 23 Mr. Anderson noted' the Board according to Section 9 can- affirm, rescind or 24 modify .the order. 25 26 Mr. Meredith moved that an unsafe building does exist at' 519 North 22nd Street 27 and 'further moved that we affirm. the order of' the Building Commissioner, 28 seconded by Mr. Cordell and on unanimous voice vote the.motion was carried. • 29 30 24 River Court • 31 • 32 The Clerk read the following order: 33 34 Order Issued Pursuant to 35 City of Richmond 36 Ordinance No. 100-1979 37 38 February 28, 1983 39 40 Order Issued to: Henrietta Lockaby 41 P. 0. Box. 432R 42 London, Kentucky 40741 . 43 44 RE: Pt. OM 416 0.39A 45 24 River Court 46 • Richmond IN - 47 • 48 The building or structure, or part thereof, located on. the real estate 49 described above has, as a result of' inspection and investigation by the 50 Building Commissioner of the City of- Richmond, been found to be in an 51 impaired -structural condition or state 'which renders it unsafe or dan- 52 gerous to. persons :and property. Said findings are according to the 53 specifications of an unsafe building as set forth -in Section 2(b) (4) . 54 - 55 Therefore, it is•-hereby ordered that the following action be accomplished 56 - in regard to this property: • 57 58 Remove unsafe buidng, according to Section 3, Paragraph 6, 59 City of Richmond ,Ordinance No. 100-1979. • 60 61 The above.stated action shall be accomplished no later than. April 27, • 62 1983. 63 • 64 ' A hearing regarding this order will 'be held in -the Board of Works Room 65 • at the"Municipal Building, 50 North 5th Street, Richmond, Indiana, at 66 : 10:00 .a.m. "on March 31, 1983'. You may appear at the above said hearing 67 to show why- this order should not be complied with; you may be 68 - represented. by an attorney, present evidence, call witnesses 'and make 69 arguments at the hearing. • If you fail to appear, the hearing will be 70 held in your absence. - If the order is affirmed, the Building Commissioner Board of Works Minutes cont'd. . March 31, 19'83 • Page 5 .. 1 will cause said action to be taken pursuant to this order. The costs- 2 • thereof will.be assessed against you on the real estate tax duplicate. 3 Further, failure to comply with .this order will subject you to litigation. 4 . 5 You have an obligation according to Section 12 of Ordinance No. 100-1979 6 . to supply full information regarding this _order to any person who may 7 take or agree to take a substantial property .interest. in the unsafe III8 premises, prior to such transfer or agreement to transfer; also to 9_ supply to the Building Commissioner, -within five (5) calendar days of 10 the transfer or agreement to -transfer, (a) the full name, address and 11 telephone number of the person acquiring substantial property interest, 12 and (b) a true and accurate copy -of the legal instrument under which 13 the transfer or agreement to transfer is accomplished. - 14 15 Henrietta and Eugene Lockaby were present. Ms. Lockaby .stated she did receive 16 a copy of the order but• does not understand why the property .is condemned rather 17 than...the .tenants.- She stated the house was' redecorated before the present 18 tenants moved in in November. She stated the condition of the house at this 19 time is unbelievable as the house is totally cluttered. 20 . 21 Building. Commissioner Charles Roberts presented pictures of the front and back 22 of the building showing no rear exit, making it impossible to exit from rear 23 bedrooms as the windows are too small. He noted he-received complaints from the . 24 Councilman representing the district. He no.ted' the house has inadequate heat, 25 there' is no water, the toilet is -missing with an open sewer with sewer gas and 26 a small cord. is running from 'an. electrical outlet to a refrigerator. The heating, 27 plumbing and electrical codes. are all violated. 28 29 Ms. Lock:aby identified the photograph .as the property she owns :on River Court. 39 Mr. Lockaby .stated the house was in good shape in November when he left., The . 40 present tenants had said they would install a toilet but have not. They have 41 not paid any -rent and the Lockabys have not at this time made an effort to III 42 evict them. They thought the tenants had moved out until they came to Richmond 43 late' last'night. The Lockabys stated if they can get the .people moved out, they 44 will. come back and do whatever needs to be,'`;- done to bring the property up to • . 45 code.. Mr. Roberts noted the work has to be done by. a licensed contractor. 46 . 47 Mr. -Anderson suggested the Lockabys go to Small Claims Court and fill out forms 48 for immediate possession; however, that is -Lockaby's concern. , The- concern of 49 this Board is 'whether or not the, building is unsafe. Mr. Anderson noted it 50 takes at least ten (10) days for a court hearing to be set and the court would 51 give-a few days for the tenants to move. If the tenants do not, the owner would 52 have to go back to court and the Sheriff,would evict the tenants. 53 54 Mr. Roberts .stated he would 'go along with a modification of. his order but the 55 property must be brought up to code items. Mr. Anderson stated the.order can 56 • be stayed pending the Lockabys getting in touch with the Building Commissioner 57 and giving them so many days to comply-with the requirements. If they haven't 58 done it, the original order is in existence. . 59 • 60 Mr. Meredith moved that an unsafe building does exist at 24 River Court and that 61 the order be stayed with the stipulation that it is stayed if the owners proceed 62 immediately to have the tenants removed 'and' then have the items as listed in the 63 order repaired and brought up to -code of the City of Richmond. He requested that 64 the Building Commissioner- report back to the Board Thursday, April 28 at which 65 time he is to furnish the Board copies of the building permits and a progress III 66 reporton the .work that has been done. If, at the end of thirty (30) days there 67 has been no progress made, then the original order stands, seconded by Mr. Cordell 68 and on unanimous voice vote the motion was carried. 70 71 ADJOURNMENT 72 73 There being no further business. the meeting was adjourned. . 74 75 Donald E. Meredith 76 President 77 . . . 78 ATTEST: JoEllen Trimble • • 79 Clerk of the Board