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HomeMy WebLinkAboutBPW SEPTEMBER 18, 2019 CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS MINUTES September 18, 2019 MEMBERS PRESENT: Mayor Moore,Jeremy Neff Supervisor Streets/Sanitation, Len Ashack Dir of Waste Water, Nathan Pruitt Director Planning and Zoning Coordinator, Heather Metcalf Controller,Asst Chief JPD McVoy, DeLynn Rutherford Grant Administrator, Sarah Green Animal Shelter Director, Les Merkley Corporation Counsel, Larry Wallace Building Commissioner, Paul Northam Park Superintendent, Andy Crouch City Engineer, Shawn Grant Assist Chief JFD, Christy O'Neil Ex Asst to Mayor, Bruce DeArk Deputy Chief JFD, Rob Waiz Redevelopment Director, Amy Huffman Community Liaison, Kim Calabro HR Director, Matt Dyer Dir of IT, Bill Dixon Asst City Engineer, Fire Chief Hedrick, Brian Smith Safety Manager and Peggy Hardaway City Clerk Adm Asst CALL TO ORDER: Mayor Moore called the meeting to order at 9:33 a.m. APPROVAL OF THE MINUTES: Mr. Crouch made the motion to approve the minutes from September 11, 2019, seconded by Mr. Waiz and motion passed 3-0. APPROVAL OF THE PAYROLL: Mr. Waiz made the motion to approve the payroll, seconded by Mr. Crouch and motion passes 3-0. OLD BUSINESS: Larry Wallace—Hearing on 419 West Market Street in regards to demolition of property (property owners, Donald and Reynalda Whiteside) Continued from September 4, 2019 Mr. Wallace—Mr. Whiteside is present and requested one more week to finish work on painting, gutter board and trim. Mr. Waiz made the motion to continue the hearing until September 25 with Mr. Whiteside to appear and report back, seconded by Mr. Crouch and motion passes 3-0. Mr. Whiteside acknowledge he is to appear next week. NEW BUSINESS: Juan Merideth, or Billy Coakley with Clark Nickles—Request for approval of road closure on Meigs Avenue for Thursday, September 19th and Friday, September 20th for sewer connection for the new Elementary School Mr. Nickles—requested closure between 7th and Court on Meigs and indicated that they will have access for emergency vehicles to get through if necessary. Mr. Waiz made the motion to approve the closure; seconded by Mr. Crouch and motion passed 3-0. Max Bloom with Parlour—Request for approval of road closure on Pearl Street in front of the Parlour for the Crashers concert on Sunday, September 22 from 5:00 p.m. to 7:00 p.m. Mr. Bloom—requested for closure Pearl Street in front of the Parlour Restaurant from 3:00 till 9:00 p.m. to have the Louisville Crashers acoustics event from 5—7 p.m. Mr. Waiz made the motion to approve the road closure, seconded by Mr. Crouch and motion passes 3-0. Bruce DeArk—Request for approval of road closure on 11th Street in front of Union Hall from 5:00 p.m.—12:00 a.m. on Saturday, September 28 Jeffersonville Board of Public Works-September 18, 2019 Deputy Chief DeArk requested closure for chili cook-off under a large tent. Mr. Crouch made the motion to approve the road closure, seconded by Mr. Waiz and motion passes 3-0. Len Ashack—Request for approval of Conflict of Interest Disclosure Statement for John-Paul Brashear Mr.Ashack indicated this is for Mr. Brashear to do drainage fee calculations. Mr. Waiz made the motion to approve the disclosure statement, seconded by Mr. Crouch and motion passes 3-0. Rob Waiz/DeLynn Rutherford/Verizon—Request for approval of new cell towers to be place in various areas of the City Mr. Merkley—pending are several applications filed by Verizon Wireless requesting the micro cell towers to be placed around the City; today is the deadline. A spreadsheet was presented with locations highlighted in green that the City is in agreement with. Other locations will be continued for two weeks with Verizon waiving the deadline for this Board. Mr.Strickland with Verizon was present and verified locations and waiver. Mr. Waiz made the motion to approve the locations highlighted green on the spreadsheet and any micro cell towers on the ground by Verizon Wireless will reflect as depicted in the provided photo (electrical cabinet on ground), seconded by Mr. Crouch and motion passes .-i. Motion made by Mr. Crouch to continue all other applications pe di g by Veri on for two weeks, seconded by Mr. Waiz and motion passes 3-0. ADJOURNMENT: With no further business, motion was made to . •jo rn a 9:42 a.m. Approved by: Mi e Moore, Mayor /IA Attest: Vicki Conlin, City Clerk Jeffersonville Board of Public Works-September 18, 2019 CITY OF JEFFERSONVILLE DEPARTMENT OF LAW GATZ OA. Les Merkley, Corporation Counsel/Director of Legal Affairs __;�q ,�jj���©©� N 812-285-6493 office v ��W 812-285-6403 fax I,n ���� www.cityofjeff.net �\S�` Jeffersonville City Hall 500 Quartermaster Court,Suite 250 Jeffersonville,Indiana 47130 To: Donald & Reynalda Whiteside 419 West Market Street Jeffersonville, IN 47130 NOTICE PLEASE TAKE NOTICE that on Wednesday, September 11, 2019 at 9:30 a.m. the Jeffersonville Board of Public Works and Safety will hold a hearing during their regularly scheduled meeting in the Mayor's Conference Room, Second floor of Jeffersonville City Hall located at 500 Quartermaster Court, Jeffersonville Indiana to review an order to determine building code compliance of a parcel of property located at 419 West Market Street, Jeffersonville, Indiana, pursuant to Indiana Code 36-7-9 and Jeffersonville City Ordinance 2010-OR-30. You or any interested party may appear before the Board at this hearing to present evidence and/or testimony. Failure to appear may result in an adverse decision. ' 9‘se,,,s7ec Leslie D. Merkley Corporation Counsel PUBLISHED, POSTED AND EMAILED ON August 20, 2019 TO THE FOLLOWING: The News and Tribune via email to: john.boyle@newsandtrihune,com The Courier Journal via email to: listings(iiN:ourier journal.com The News and Tribune via email: legals(a).ncwsandtri bune.com An equal opportunity employer. INDIANA MEDIA GROUP PO BOX 607 GREENSBURG IN 47240-0607 (877 ) 253-7755 Fax (765) 648-4229 ORDER CONFIRMATION Salesperson: CAMMIE BORDENKIRCHER Printed at 08/21/19 12 : 42 by twhea Acct #: 233388 Ad # : 1578530 Status : New CHOLD CITY OF JEFFERSONVILLE Start : 08/23/2019 Stop: 08/30/2019 ATTN: BUILDING COMMISSIONER Times Ord: 2 Times Run: *** SUITE 200 LEG 1 . 00 X 28 . 00 Words : 125 500 QUARTERMASTER COURT Total LEG 28 . 00 JEFFERSONVILLE IN 47130 Class : 105 PUBLIC NOTICES Rate: LGOVT Cost : 20 . 33 # Affidavits : 1 Ad Descrpt : SEPT 11 MEETING Contact : Descr Cont : TO: DONALD & REYNALDA WHI Phone: (812) 285-6415 Given by: * Fax# : P .O . # : Email : Created: twhea 08/21/19 12 :30 Agency: Last Changed: twhea 08/21/19 12 : 40 PUB ZONE EDT TP RUN DATES JEFF JEF 95 S 08/23 , 30 JNOL JEF 95 S 08/23 , 30 AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. Name (print or type) Name (signature) To:Donald&Reynalda Whiteside 419 West Market Street Jeffersonville,IN 47130 NOTICE PLEASE TAKE NOTICE that on Wednesday, September 11, 2019 at 9:30 a.m. the Jeffersonville Board of Public Works and Safety will hold a hearing during their regularly scheduled meeting In the Mayor's Conference Room,Second floor of Jeffersonville City Hall located at 500 Quartermaster Court, Jeffersonville Indiana to review an order to determine building code compliance of a parcel of property located at 419 West Market Street, Jeffersonville,Indiana,pursuant to Indiana Code 36-7-9 and Jeffersonville City Ordinance 2010- OR-30.You or any Interested party may appear before the Board at this hearing to present evidence and/or testimony. Failure to appear may result in an adverse decision. /s/Leslie D.Merkley Corporate Counsel hspaxlp Johnna Anderson To: Evening News (Legals@newsandtribune.com) Cc: Theresa Wheatbrook Subject: Publishing of Notice of Hearing on 419 West Market Street Attachments: SignedNotOfHrg 8.20.19 HrgSept11.2019.pdf Cammie/Theresa, Please see attached Notice of Hearing that needs to be Published in the NT, 2 times, 1 week apart as follows: 1. Publish once on Friday,August 23, 2019 2. Publish once on Friday,August 30, 2019 Please respond at your earliest convenience to acknowledge receipt and advise that Publishing will be made in NT per above directions. In addition,you will need to send the bill for the Publishing fees to the following: City of Jeffersonville Attn: Building Commissioner 500 Quartermaster Court,Suite 200 Jeffersonville, IN 47130 FYI,A copy of this Notice will also be Posted downstairs at Jeffersonville City Hall and has been emailed to John Boyle with NT by email. Thanks so much Johnna S. Anderson Paralegal Department of Law City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 1 July 12, 2019 CERTIFIED MAIL 9171 9690 0935 0218 1891 12 Donald & Reynalda Whiteside Re: 419 W. Market Street Jeffersonville. Indiana("the property") To Property Owner: Pursuant to Chapter 36-7-9 of the Indiana Code and Jeffersonville City Ordinance 2010-OR-30, the following information is hereby provided: 1. As Building Commissioner of the City of Jeffersonville as referred to in City Ordinance 2010-OR-30 my department is designated as the"Department"to enforce the provisions of Indiana Code 36-7-9-2 and Ordinance 2010-OR- 30. 2. The Jeffersonville Board of Public Works and Safety has been designated as the"Hearing Authority" referred to in Indiana Code Section 36-7-9-2. 3. You have been designated as owner or hold a substantial property interest in the unsafe premises that are the subject of this order 419 West Market Street, Jeffersonville, Indiana 47130, and more specifically described as follows: Parcel#10-19-00-100-266.000-010 PT LOT 38 BLK CC July 12, 2019 CERTIFIED MAIL 9171 9690 0935 0218 1891 12 Page 2 July 12, 2019 4. The building on the property described in paragraph three(3) is hereby declared to be an unsafe building for the following reasons as described in IC 36-7-9-4: (1) A fire hazard; (2) A hazard to public health; (3) A public nuisance; (4) Dangerous to a person or property because of a violation of a stature or ordinance concerning building condition or maintenance; or (5) Vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance. 5. YOU ARE HEREBY ORDERED TO REPAIR, REHABILITATE OR REMOVE THE UNSAFE BUILDING TO BRING IT INTO COMPLIANCE WITH STANDARDS FOR BUILDING CONDITIONS OR MAINTENANCE REQUIRED FOR HUMAN HABITATION OR OCCUPANCY. 6. A hearing will be held by the Jeffersonville Board of Public Works and Safety on Wednesday August 7 at 9:30 a.m. in the Mayor's Conference Room, second floor in the Jeffersonville City Hall located at 500 Quartermaster Court, Quadrangle, Jeffersonville Indiana to review this order to determine your compliance herewith. July 12, 2019 CERTIFIED MAIL 9171 9690 0935 0218 1891 12 Page 3 July 12, 2019 7. You have the following personal rights: A. To appear at the hearing on August 7, 2018 at 9:30 a.m. B. To present evidence. C. To call witnesses and have witnesses subpoenaed within Clark County. D. To cross-examine opposing witnesses. E. To present any arguments you wish to present. 8. The City Attorney will represent the Enforcement Authority at this Hearing. 9. If you do not comply with this Order to render the building safe or to remove the unsafe building designated above, the Enforcement Authority may order the building removed at the August 7, 2019 hearing and will place a lien upon the property for the cost of this removal. 10. Pursuant to the requirement of Indiana Code Section 36-7-9-5 (8)the following information is provided: Section 36-7-9-27 (a) A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order: 1. Must supply full information regarding the order to a person who takes or agrees to take substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest; and 2. Must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the Enforcement Authority with written copies of: July 12, 2019 CERTIFIED MAIL 9171 9690 0935 0218 1891 12 Page 4 July 12, 2019 (a) The full name, address and telephone number of the person taking substantial property interest in the unsafe premises; and (b) The legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished. (c) If a judgment is obtained against the department, Enforcement Authority, or other governmental entity for the failure of the entity to provide notice to persons holding an interest in the unsafe premises in an action taken by the entity under this chapter, a person who failed to comply with this section. 11. The Enforcement Authority is the Building Commissioner, Larry Wallace. His address is 500 Quartermaster Court, Suite 200,Jeffersonville, Indiana 47130. His phone number is 812.285.6415. 12. Should you have any questions concerning this matter, you should seek legal advice. 13. Extensions of the time limit set forth in this order will not be granted unless extreme circumstances are set forth prior to the ten(10)day deadline for requesting a hearing. 14. You have the right to appeal the decision of the Enforcement Authority or Hearing Authority to a court of competent jurisdiction. Respectfully, Larry Wallace Building Commissioner Enforcement Authority LW/mkf Johnna Anderson To: 'John Boyle' Cc: 'listings@courier-journal.com' Subject: Notice of Hearing on Wednesday, Sept. 11 re:419 West Market Street Attachments: SignedNoticeOfHrg for 9.11.2019.pdf FYI, Please see attached Notice of Hearing before the Jeffersonville Board of Public Works in re:419 West Market Street. This is for your information only. Separate email has been sent to legals@newsandtribune.com for Publishing of this Notice in the News and Tribune. Thanks. Johnna S. Anderson I Paralegal Department of Law City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 47130 1