HomeMy Public PortalAbout11-25-1981 /y3
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHNMOND, INDIANA., NOVEMBER .25, :1981.
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session November 25, 1981 at the hour of 9:00 a.m. in the Municipal
3 Building in said City. Mr. Meredith presided with Mr. Ryder and Mr. Webb
4 present. The following business was had, to-wit:
5
6 APPROVAL OF MINUTES OF NOVEMBER 19 AND NOVEMBER 23, 1981
7
8 Mr. Webb moved the minutes of the previous meetings be approved.as prepared,
9 seconded by Mr. Ryder and on unanimous voice vote the motion was carried.
III 10
11 POLICE DEPARTMENT - Major Chesnut
12 Promotion
13
14 Major Chesnut presented.a letter from _Chief of Police Charles Chris stating William
15 Shake has been certified bythe Richmond Police Department Merit Commission for
16 assignment to the permanent tech position of Investigator effective November 28, 1981.
17 He must serve a successful 90 day probationary period before being granted tenure.
18
19 Mr. Webb moved the subject promotion be approved, seconded by Mr. Ryder and on
20 unanimous voice vote the motion was carried.
21
22 Police Auction December 5
23
24 Major Chesnut reminded the Board of the police auction to be held December 5 at 10:00
25 a.m. at the Police Garage on Garden Avenue. There is a considerable amount of bi-
26 cycles and miscellaneous items. These are unclaimed articles recovered by the
27 Police Department. The auctioneer will be Jim Kottyan who donates his time for
28 this project.
29
30 Request to Set Date for Election for Nomination-Election Committee for Police
31 Merit Commission
32
33 This. is the Committee that is elected by fellow officers that will pick a repre-
34 sentative to serve on the Merit Commission.
35
36 Mr. Meredith set December 11th starting at 6:00 a.m. and ending December 12th at
37 6:00 a.m. for the election.
38
39 The Board accepted applications from Larry Walton and Bradley Berner to that
40 Committee. The officers have through today to request being a candidate.
41
42 RECESS .
43
44 Mr. Meredith recessed the meeting until 10:00 a.m. at which time an unsafe building
45 hearing will be held.
46
47 UNSAFE BUILDING HEARING FOR 200-204 NORTH 8TH - 10:00 a.m.
48
49 City Attorney Ed Anderson held the hearing pursuant to. Ordinance No. .100-1979 which
50 adopted the unsafe building law provided under Indiana Code 18-3-5.5-1. Building
51 Commissioner Charles Roberts has issued his order pursuant to Sec. 4. . .The service
52 of the order has been in accordance.with Sec. 8. The record shows the order, was
53 first served by certified mail but was undeliverable. Mr. Roberts personally de-
54 livered the order and presented an affidavit showing delivery at 4 :05 p.m. November
55 23, 1981. This hearing is held pursuant to Sec. 9 of the Ordinance. Defendant Edward
56 Gardiner was present and presented a letter from his attorney. The Clerk read the
57 following.letter:
58
59 Mr. Charles E. Roberts November 24, 1981
60 Building Commissioner
61 Bureau of Buildings
62 Department of Community Development . •
63 50 North 5th Street
64 Richmond, IN 47374
65
66 Re: C. W. Starr Lot 101 (67.5' x 132')
67 200-204 North 8th Street
68 Richmond, Indiana
69
70 Dear Mr. Roberts:
r G'f
Board of Works Minutes Cont'd.
November 25, 1981
Page 2
1 Pursuant to our earlier phone conversation today, please be advised
2 that we represent The First National Bank, which is a holder of a "sub-
3 stantial property interest" in the above described property on account of
4 its recorded firstmortgage.upon the same. As indicated in our conversation,
5 the bank learned only today of the hearing scheduled for 10:00 tomorrow,
6 November 25, 1981, regarding the same. The bank would, of course, like
7 to be present at the hearing to help resolve the situation, but due to such
8. short notification and previously scheduled appointment at that time, repre-
9 sensation at the hearing on behalf of the bank is impossible. Consequently,
10 we would appreciate a continuance of the hearing for scheduling..at a later date.
11
12 Following our conversation, I did speak with the present owner, Edward
13 Gardiner, who advised me that he would like to also retain us in this matter.
14 He also confirmed your understanding that he did not receive notice of the
15 hearing until Monday evening, November. 23, 1981. Pursuant to the 10-day
16 requirement of § 98.09 (B) which you mentioned, I have advised Mr. Gardiner
17 not to waive such notice requirement to secure our request for a continuance
18 in order to work something out on the matter.
19
20 After talking with Mr. Gardiner, I believe that if he is give the same
21 opportunity as was discussed with the prior owner, Mr. Jacobs, to bring the.
22 building into compliance with all electrical requirements, he will comply
23 with such arrangement to keep the building. Consequently, I anticipate to
24 suggest at the rescheduled hearing an amendment .to -the order to vacate by
25 which Mr. Gardiner may commence the improvements to the building on.a one
26 unit at a time basis, to which I believe you have indicated you would go
27 along with.
28
29 Thank you for your cooperation and assistance in this matter and please
30 let me know if you have any questions or comments regarding the same. Also,
31 please let me know the new date of the rescheduled hearing.
32
33 Very truly yours,
34
35 /s/ Bob Bever
36
37 HARLAN, SCHUSSLER, KELLER & BOSTON
38
39 City Attorney Anderson asked Mr. Gardiner if he desired to waive the time requirement.
40 Mr. Gardiner did not want to waive the requirement of the ten (10) day notice.
41 He requested the hearing be continued.
42
43 Mr. Roberts stated he would like for all tenants to be moved out while the work is
44 being done, if at all possible. He requested a time frame be presented. The con-
45 cern of Mr. Roberts is with the electrical wiring in the structure. Mr. Roberts
46 pointed out under the zoning there cannot be more than nine (9) units in the
47 building.
48
49 Mr. Meredith continued the hearing until December 17 at 10:00 a.m. He told Mr.
50 Gardiner he would not receive another notice as it is a continuance and he is
51 hereby so notified.
52 ' .
53 The Clerk will notify Mr. Bever and First National Bank.
54
55 ADJOURNMENT
56
57 There being no further business the meeting was adjourned.
58
59 Donald E. Meredith
60 President
61
62 ATTEST: JoEllen Trimble
63 Clerk of the Board