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