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HomeMy Public PortalAbout07-27-1972 BOARD OF PUBLIC WORKS & SAFETY OF THE CITY OF RICHMOND, INDIANA, JULY 27, 1972 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session July 27, 1972 at the hour of 9:00 a.m. in the Municipal Building of said City. Mr. Judge presided with Mr. Benner and Miss Wynegar present. The following business was had to-wit: Miss Wynegar moved to approve the minutes of the previous meeting, seconded by Mr. Benner, and on unanimous voice vote the motion was carried. Mr. Don Upthegrove, Commander of the American Legion Harry Ray Post #65 wrote a letter thanking the Board for the cooperation given at the annual fireworks presentation held at the Glen Miller Park, July 5, 1972. Captain Scott Loper of the Traffic Division read the following letter: July 27, 1972 Board of Public Works and Safety Mr. Jerald Judge, President Dear Board Members: The Traffic Division would like to make the following recommendation: . The Traffic Division is recommending that the 400 block of Southwest 1st Street, between Southwest "D" and Southwest "E" , be restricted and signed to indicate "No Stopping or Standing" , on the west side of the street only. This is the area between Richmond Senior High School and Joseph Moore School . At the present time there is parking on both sides of the street with the west side restricted to "No Parking Between the Hours of 8:00 a.m. and 4:00 p.m. We feel with the street being only 30 feet in width it is too narrow to permit parking on both sides at any time. Any emergency vehicles using this street must exercise a great amount of caution because of the narrow condition and the congestion that exists. The congestion exists normally during the school months. There are school busses which load and unload in this area. Also parents picking up children from both schools, and non-student visitors all park in this area. This tends to create a safety hazard as there are children crossing the street on their way home, or to enter an automobile, car doors being opened into the street, etc. Under the existing conditions there is only enough room for one vehicle to proceed through this block at a time. On coming traffic must wait until the street is clear of traffic tie up at Southwest "D" Street and Southwest "E" Street. During the school months a police officer must station himself in this area to assure the steady movement of traffic. So far this year, we have experienced two (2) traffic accidents in this block. One (1 ) accident was a side swipe and the other a rear end type accident. Congestion contributed to both accidents. We feel by imposing the recommended restriction,• the congestion will be eliminated, thus eliminating a potentially hazardous situation. The recommended restriction would in no way take parking away from the homes located in- this area. This would also relieve the police officer so as to handle other matters which may occur. Sincerely, /s/ Scott Loper, Captain Traffic Division /s/ Donald Strahan Chief of Police Mr. Benner moved to accept the recommendation as submitted, seconded by Miss Wynegar and on unanimous voice vote the motion was carried. i Board of Works Minutes July 27, 1972 Page 2 Jerry Judge submitted an individual request for the, installation of one street light on an existing wooden pole, on South 17th Street, between South "I" Street and South "J" Street. It was also recommended that a letter of authorization be sent to Richmond Power & Light to install the lights recommended by the Street Light Committee located on South 6th to 8th Streets between South "L" aid Sotith "Q" Streets , and on Henley Road South to the City limits, and the individual request on South 17th Street. Mr. Benner moved the Board concur with Mr. Judge's recommendation, seconded by Miss Wynegar -andon unanimous voice vote the motion was carried. Mr. Leonard! Wm. Nelson Burton appeared before the Board of Works to answer to being cited for violation of the Fire Prevention Code. The site of the violation is a former service station located at 124 Northwest 5th Street, Richmond, Indiana. In 1966 Mr. Burton obtained a Building Permit to remodel the former service station into Otto Realty, later it became Burton Realty and is presently empty. When Mr. Burton decided to remodel in 1966 he inquired with the Board of Works as to what to do about the gas tanks. The Board instructed him to fill them with water which he complied with at tint time. Also, in 1966, there was no Ordinance in existence regarding what to do with gas tanks no longer being used. On July 3, 1967 an Ordinance was enacted stating that there are certain things that must be done with abandoned gas tanks. The owner must either fill the tanks with an inert solid material , such as sand, or remove them completely. On March 28, 1972, Mr. Burton was cited for failing to comply with the Ordinance on abandoned gas tanks, he was given until April 23, 1972 to complete his compliance. Between the first 1972 order to comply and the final citation for violation of the Fire Prevention Code, Captain Bill Griffith of the Richmond Fire Prevention Bureau had approximately twelve phone conversations with Mr. Burton regarding the validity of the order to comply. Mr. Burton who at this time stated that his name is not and never has been "Leonard" Burton but is William Nelson Burton. He also stated that he felt the citation to be unfair since he had previously (in 1966) been instructed to fill the abandoned gas tanks with water, and unfair in that the citation was issued in regards to a sihaation that was in existence and in his opinrn satisfactorily remedied before the enactment of an Ordinance regarding gas tanks. On July 6, 1972 Mr. Burton requested and was granted an extension with the final date for compliance being July 12, 1972. Investi- gation by the Fire Prevention Bureau after July 12, 1972 found that Mr. Burton had still not complied with the citation. He was notified to appear before the Board of Works on July 20, 1972 at which time he ,requested time to consult with his Attorney, James Ronald, and was a"dered to appear with legal counsel on July 27, 1972. Attorney James Ronald, on behalf of Mr. Burton, stated that there is nothing specifi- cally stated or established in the Fire Prevention Code, to authorize enforcing a penalty for violation of the Code. Appendix "B" of the Code states only what should be done to abandoned gas tanks in order to avoid a possible fire hazard. City Engineer David Benner stated that the previous remedy to fill the tanks with water, was issued by the Board in office at that time as the safest precautionary measure available. The issue now is not a decision made six years ago but what is presently the best safety measure to enforce. Engineer Benner emphasized that the water in the tanks will eventually evaporate thus leaving the tanks completely empty. Water such as a hard rain will flush the empty tanks to the surface whereby a possible explosion hazard and fire hazard exists. Attorney Ronald contended that it was unfair to enforce a "retroactive penalty" when the person in question was under the impression that his compliance six years ago was entirely sufficient. He also brought out the high per- sonal cost to Mr. Burton if he is ordered to comply now, an estimated figure of $400.00 would be necessary to comply atthis time. It would also seem that the issue of abandoned tanks might possibly be in violation of the Building Code, but not the Fire Prevention Code. Attorney Ronald concluded for the time being that in his opinion the Board of Works should strive to adopt a reasonable attitude in this matter. If Mr. Burton can be retroactively cited for violation of the code, it should be a consistent procedure that includes all violations. Finally, Attorney Ronald said the Fire Prevention Bureau should not use the Fire Prevention -Code on non-hazardous cases. The Board ended the hearing by saying there were certain legal aspects that will have to be looked into by the City Attorney before any decision could be made. There being no further business on motion duly made, seconded and passed, the meeting was adjourned. Jerald Judge, President ATTEST: Sandye James in the absence of Lotte Hoskins, Clerk of the Board