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HomeMy WebLinkAboutBPW JANUARY 30,2019 CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS MINUTES January 30, 2019 MEMBERS PRESENT: Mayor Mike Moore, Matt Owen Councilperson At-Large, Rick Lovan Community Liaison Waste Water, Clark Miles Street Commissioner, Larry Wallace Building Commissioner, Sarah Green Animal Shelter Director, Heather Metcalf Controller, Paul Northam Parks Director, Kenny Kavanaugh Chief JPD, Les Merkley Corporate Counsel, Michael O'Brien Dir of Vehicle Maintenance, Amy Huffman Community Liaison, Elisha Gibson Manager Sewer Billing, Kim Calabro Director HR, Andy Crouch City Engineer, Matt Dyer IT Director, Christy O'Neil Executive Assistant Mayor, DeLynn Rutherford Grant Administrator, Bruce DeArk JFD Assist Chief, Eric Hedrick Chief JFD, Nathan Pruitt Planning and Zoning Director, Scott McVoy Asst Chief JPD, Bill Dixon Asst City Engineer,Amir Mousavi Safety Director, Kelly Betz Code Enforcement Officer, and Peggy Hardaway Adm Asst City Clerk CALL TO ORDER: Mr. Moore called the meeting to order at 9:31 a.m. APPROVAL OF THE MINUTES: Mr. Owen made the motion to approve the minutes from January 23, 2019, seconded by Mr. Crouch and motion passed 3-0. APPROVAL OF THE PAYROLL: Mr. Owen made the motion to approve the payroll, seconded by Mr. Crouch, and motion passes 3-0. OLD BUSINESS: Les Merkley for Clark Nickles-Change of date for road closure due to cold weather. Road closure at 14006 Utica Pike was scheduled for Wednesday,January 30, 2019 from 8 am to 4 pm for sewer connection for proposed subdivision. New date for road closure will be Wednesday, February 6, 2019 Mr. Merkley—again, due to weather a request to postpone the road closure. Mr. Owen made the motion to approve the date, seconded by Mr. Crouch, and motion passes 3-0. Larry Wallace/Kelly Betz- Hearing regarding 2416 Woodland Court- Mike Bush on appeal of Building Commissioner enforcement(tabled from January 23, 2019) Mr. Merkley-this is a property at 2416 Woodland Court as provided in the packet before Board. Property owner is Mike Bush. The Building Commissioner's office, as the enforcement authority, scheduled this matter for a hearing to determine or confirm its findings as an unsafe structure; you have photos of the property. Mr. Wallace have you inspected the property? Mr. Wallace- I have not, Kelly Betz has worked on this and took all the pictures. Ms. Betz have you inspected the property? Ms. Betz-yes. Mr. Wallace—and Mike Kruer, Building Inspector, inspected the property. Mr. Merkley—what did you find when you inspected the property? Ms. Betz—I think the pictures speak for themselves. no one could live there. Mr. Wallace—I believe it is a dangerous structure and Mr. Kruer also agreed. Mr. Merkley—so your office determined it is unsafe and hazardous to public health. Mr. Wallace—we have concern with kids getting in there and it collapse. Mr. Merkley—is it currently vacant? Ms. Betz—yes. Mr. Merkley—Mr. Wallace would your department determine that it is not suited for occupancy. What are you requesting the property owner do? Mr. Wallace—demo it. Clean the property up. We've had several liens on the property for grass cutting for years. It has been a Jeffersonville Board of Public Works- Page 1 of 2 Thursday,January 31, 2019 nuisance for the City. Mr. Merkley—do you know how long it has been in this condition? Ms. Betz—we have enforcements dating prior to 2014 for tall grass and unlicensed vehicles. This is one of our habitual hot spots. Mr. Wallace—current liens on property is $1,464.07. Mr. Merkley—Mr. Wallace and Ms. Betz:you acknowledge your statements/testimony is given under Oath? Mr. Wallace—Yes. Ms. Betz—Yes. Mr. Merkley—is anyone here representing the property owner? Mickey Weber—representing Mike Bush, owner of Equitable Title to this property. Although, not the legal owner of record of the property which is one of the facts that omitted this morning. We acknowledge the property is dilapidated; the property is in a poor condition. That poor condition is caused by the fact that the City of Jeffersonville has used the land and house as a dentition basin for year rather than building adequate draining detention for water. Every time it rains the house gets 4-5" of water on the ground floor. It can't be happening because of the condition of the property, but because of the flooding cause by inadequate draining, as a result of the City approved development of adjacent properties. Now my client bought the property years ago to have as a rental property, had it occupied by tenants, kept it in good condition, paid the taxes, has always paid the grass cutting liens. I don't believe the representation to the Board is correct that there are any outstanding grass or maintenance lien against the property. Again, by the way of the City's action or inaction in failing to secure adequate drainage the property does need to be destroyed or turned into something else, it is not only inhabitable, but prohibitedly expensive to knock it down and build another house. In the event that the Board votes to go forward and knock the property down we will be filing an authorized reverse condemnation act. It is not that the City can't have it,the City needs to pay for it. My client at the time he purchased the property,the appraisal value of the property was$83,000, but he understands that some time has elapsed and in the interest of being reasonable and trying to reach an accommodation he is willing to accept$65,000 for the property rather than try to tallying up the years of lost rent,the years that he spent in maintenance to pay for property taxes for property that has been unusable through the City's action. Another factor that the Board alt to consider is that the last time Mr. Bush contacted the Building Commission to deal with the grass cutting lien he was made an offer, asked if he was willing to sell the property and told no it was not for sale. And he is going to testify if we end up in court that it is his belief that this is meant to be a way to take the property away from him when he told the City employee that he was not willing to sell the property. It will be a lot cheaper,faster, and easier to buy the property from him. If the Board's decision is not willing to that voluntary,we will be filing a reverse condemnation and have a Court Order to buy it from him. Mayor Moore—it looks like insulation coming down from the attic, drywall being ripped off. A lot of disrepair above counter height; is this due to flooding? Mr. Weber—the disrepair is due to the inability to maintain a building that cannot be occupied or rented. Mayor Moore—I do not see any water standing on the floor? Mr. Weber—I don't know what picture you are looking at, but there has been standing water on the floor. Mayor Moore—there are several pictures showing the ground and I don't see any standing water. Mr. Weber—that's an interesting point, one of the things presented to the Board was that kids could get in there and get hurt, but the building was locked before you all knocked the door down. Mr. Merkley—who owns it? Mr. Weber—Wanda and—the name escape me. But it is a matter of public record. The deed is in the name of two individuals who are deceased. Mr. Weber—Mr. Bush is the owner of Equability Title. Mr. Merkley—when did he buy it? Mr. Weber-1997 Mr. Merkley—since 1997 he has had this property and has not made any effort to repair it? Mr. Weber—he has made effort over the year years, yes. It has not been in this condition since 1997. It was leased for year to occupants. Mr. Merkley—Mr. Wallace how long have we had complaints on this property? Jeffersonville Board of Public Works- Page 2 of 2 Thursday,January 31, 2019 Mr. Wallace—2014 Mr. Weber—17 years Mr. Bush owned the property and kept the property up, kept it rented. Mr. Merkley—are you disputing that the property is unsafe? Mr. Weber—I'm not disputing that it is dilapidated, I don't believe it is unsafe. There has been no testimony that it is unsafe,that it represents it is unsafe to anybody. Mr. Wallace—I deemed it unsafe. Mr. Weber- but you did not identify any condition that actually threatens the health or safety of any individual. Mr. Merkley—have you seen the photos? Mr. Weber—I have seen the photos, but no one is in there. Mr. Merkley—that does not mean it is not unsafe. Mr. Weber—no body want to live there,that is the point, you've made it un-rentable. Mr. Kavanaugh—Mr. Merkley is the Board going to see any documentation coming before us today that indicated the City is negligent? Mr. Merkley—this is the first time, as the City Attorney, I have heard anything about this property being damaged as a result of drainage or flooding caused by the City. Mr. Kavanaugh—so we have no documentation. Mr. Merkley—no, last week was the first time I heard anything about that. Mr. Crouch, as the City Engineer, has the city heard anything, has the drainage heard anything about this. Mr. Crouch—not that I recall. Mr. Wallace- I can pull up records that this is in the flood zone. Mr. Owen—what are our options? Mr. Merkley—you can give him the opportunity to make it safe; which we have done in the past or you can say we are going to have it demolished as we determined it is an unsafe structure. Mr. Owen—based on the Building Commissioner recommendation? Mr. Merkley-yes Mr. Crouch—it does appear that the property is not only in a flood plan but the flood way Mayor Moore—made the motion to have this torn down seconded by Mr. Owen. Any more discussion: none. Motion carries 3-0. Mr. Weber—I'm sorry I ask that call opposed? I'm not asking for a roll call,you did not call for people to vote in opposition to the motion. Mr. Merkley—Mr. Crouch—yes; Mr. Owen—yes. NEW BUSINESS: Les Merkley-Request for approval of termination of Public Park Easement between City and Steven R. Kempf Mr. Merkley—this property is the Gateway at 10th and Spring Street. Years ago (1999) Mr. Kempf conveyed to the City a public park easement, which we need to terminate. . Mr. Crouch made the motion to terminate the easement, seconded by Mr. Owen, motion passes 3-0. Les Merkley-Request for approval of Sign Easement between the City and Hogan Holdings Mr. Merkley—there will be two signs,the signs would be on property that is not owned by the developer, but by the City and another sign that will be on property that is owned by Redevelopment Commission. This is for the City property for an easement to place the sign on the location. Mr. Owen made the motion to approve the easement, seconded by Mr. Crouch and motion carries 3-0. Heather Metcalf/Shawn Grant-Request for approval of Fire Apparatus and Equipment Lease between the City of Jeffersonville and First Savings Bank Ms. Metcalf—we have the lease ready to be signed, at the same amount that has been in the budget and Mr. Scales is here if there is any questions. Mr. Grant all is set. Mr. Owen made the motion to approve the lease,second by Mr. Crouch, and motion carries 3-0. Jeffersonville Board of Public Works -Page 3 of 2 Thursday, January 31, 2019 Amir Mousavi-Request for approval of Riverstage insurance and rejecting terrorism coverage on the River Stage Mr. Mousavi—Everything has stayed the same,there are basically three lines of insurance: hull coverage, excess liability, and small pollution coverage with a small increase in price. Mr. Owen made the motion to approve the new policy, seconded by Mr. Crouch, and motion passes 3-0. Matt Gullo with Kovert Hawkins-Request for approval of Chapel Lake Park Contract Amendment Mr. Gullo—this is a request for approval of additional services for the Park, a revised entrance. Mr. Crouch this is correcting the contract. Mr. Crouch made the motion to approve the amendment,seconded by Mr. Owen, and motion carries 3-0. Matt Gullo with Kovert Hawkins-Request for approval of Change Order#1 for Chapel Lake Park Mr. Gullo—change order 1 includes a contingency allow because IDEM has asked us to put in several silk fence after the approval of our original plans and we changed the casting to a curbed inlet because of the degree. This will fit in the contingency budget. The second part of the contract to add in the alternates where in the original scope of services for the overall project: adding alternate#1;#4;#9, 12 and 15 -$867,268. Mr. Crouch—I have been working with Mr. Gullo and Mr. Merkley over the last couple of week to make sure this is set up; I make the motion to approve. Mr. Owen—this is all budgeted already? Mr. Merkley yes. Mr.Owen— seconded and motion passes 3-0. Kim Calabro-Request for approval of agreement between the City and the Radisson Hotel for 2019 Holiday party Mr. Owen made the motion to table, seconded by Mr. Crouc ,'notion passes 3-0. ADJOURNMENT: With no further business, motion was made to adjourn a '.51 :m. Approved by: Mike Moore, Mayor Attest: Vicki Conlin, City Clerk Jeffersonville Board of Public Works - Page 4 of 2 Thursday, January 31, 2019