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HomeMy WebLinkAbout07-03-1995MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA MONDAY JULY 3, 1995 Sewage Collection Office Manager Jim Matra called the meeting to order at 9:30 A.M., in the absence of Mayor Raymond J. Parker, Jr., and on call of the roll those members present were Personnel and Safety Director Harold Lakeman, and Member George Trembly filling in for Manager Jim Matra. Also present were: Building Commissioner Bill Gavin, City Engineer Bob Miller, City Attorney Mike Gillenwater, Sewage Office Manager Bob Goldman, Maintenance Foreman Mike Ewton, Police Chief Charles Elder, Assistant Fire Chief Clifton James, Jr., City Services Coordinator Leslie Kavanaugh,Assistant Parks Superintendent Donnie Poole, Assistant Superintendent Wastewater Treatment Joe Goergen, and Clerk Alice Davis. Director Lakeman made the motion to approve of June 26 and June 28, 1995 as presented, and carried unanimously. the minutes of the meeting seconded by Member Trembly Director Lakeman made the motion to approve the payrolls as presented, seconded by Member Trembly and carried unanimously. RESIDENTIAL OR HANDICAP SIGN AT 218 LOCUST STREET Police Chief Charles Elder, reported on the request for a residential or handicap sign at 218 Locust Street for Dwain Gilbert. Chief Elder said he recommends the Handicap sign and if this doesn't solve the problem then he may come back for the no parking sign. Director Lakeman made the motion to approve the Handicap sign at 218 Locust Street, seconded by Member Trembly, and carried unanimously. PEDDLER'S PERMIT Don Marlin, Louisville Research Marketing, requested a peddlers permit to go door to door, he did not appear before the Board, this was tabled. SEWER TAP IN, 5909 HAMBURG PIKE Terry Hammond, 5909 Hamburg Pike, requested a sewer appear before this Board, this was tabled. tap in~ he did not PERMIT TO MOVE HOUSE FOR JOHN PERKINS Greg Fifer, Attorney representing John and Teresa Perkins appeared before the Board to request a permit to move a house located next to the Wall Street Methodist Church, to 403 E. Chestnut Street on a lot owned by Mr. and Mrs. Perkins. Attorney Filer said this matter has previously been involved in some dispute before the Board of Zoning Appeals and also in litigation which is now concluded. Attorney Filer said he used 89-0R-53 for a guide to ask for this permit. They have an extension from the Church until July 15, t995 to move the house or loose it. Mr. Perkins acquired additional property from Mr. and Mrs. Tom Kempf, Chestnut Street Apartments and has filed for another PAGE 2 JULY 3, 1995 varience for this Thursday. Building Commissioner Bill Gavin will give all the permits necessary for moving the house, Bill said that the over all condition of the structure is good. Edward Rigging and Movers of Shephardsville, Ky will be moving the structure. He has a letter appraisal from Mr. Bottorff and it's appraised at $41,500.00. Attorney Filer said there is attached a proposed route, letters from Cablevision~ Indiana Gas~ the letter that is not attached is PSI~ Mr. Perkins spoke to Newt Lewkins last week, who~s boss was on vacation. Attorney Filer spoke to Dick Farnsley this morning~ he said there should not be anything in the way of PSI when moving the house. Mr. Farnsley will review this and condition upon the approval give whatever letter is required from him, and this letter is the only thing he does not have, and he asks the Board to make this a condition if the Board approves it. Attorney Filer has consulted with the traffic Division of the Police Department. Attorney Filer is requesting the Boards approval to have the house moved. Manager Matra asked if there are anyother comments? Attorney Kyle Williams representing James Gillenwater Sr. addressed some of the comments that Attorney Fifer made. Attorney Williams said the issue is whether or not the house can be moved. Attorney Williams discussed the variances to move the house, he said the PSI letter is missing and this is grounds enough to deny the permit. Attorney Williams read from the Ordinance concerning the original cost of the building. Attorney Williams presented Mr. Marvin Schmitt, a Realter/Appraiser. Mr. Schmitt stated his full name to the Board. Mr. Marvin L. Schmitt, 6504 Fordge Way, Georgetown, Indiana, his occupation is a Realtor/Appraiser, Realtor for Century 21 Reisert-Baker Realtors and self-employeed Appraiser. Attorney Williams ask Mr. Schmitt to give a brief professional background. Mr. Schmitt said he has completed numerous courses that have been offered by various societies of Appraisers, Hud appraiser for over 12 years, Associate with Reisert for 16 years, Banker before this and did mortgages and consumer loans. Attorney Williams asked if Mr. Schmitt has had a chance to examine the property involved, Mr. Schmitt said just the exterior. Attorney Williams asked if he has an opinion on what the original cost of the house was~ Mr. Schmitt answered he estimated it being built between 1920-19B5 under $7,000.00. Attorney Williams discussed renovations with Mr. Schmitt. Atorney Williams submitted to the Board the opinion of a Certified Real Estate Appraiser who says the damage of this building exceeds 50% of its original cost. The Ordinance reads no application shall be approved by the Board if the building structure thats supposed to be moved has been damaged by wear and teat- or anyother cause extended of 50~ of the original cost, not present value. Attorney Williams said based upon these points submitted, we ask that you deny the permits to move the house. Attorney Filer Schmitt, what damage did he observe about this house? Mr. Schmitt did not prepare anything in writing concerning this house and he only observed the house from the outside, not the structural part of the house inside. Attorney Filer said that Commissioner Gavin said there is no structural damage to the house. Attorney Fifer asked Commissioner Gavin If my client is going to move this house and put it on a new concrete basement foundation and do other things that are necessary, will to be getting the permits from your office? Commissioner Gavin answered, yes. Just like anyone else constructing a house would have to get? That's correct. They are going to have to bring that house up to code? Thats Correct. That has nothing to do with anything about moving it~ thats going to have to be done before anyone occupies it. is that correct? That's Correct. We acknowledge PAGE 3 JULY 3~ i995 obligation to do this. Attorney Williams went over some of the things that Attorney Fifer had said. Commissioner Gavin said he has a statement, when we speak of damage I speak of structural damage, not painting and things of that nature, the house is sound~ there are a few cracks in the plaster, but many many houses have that even new ones. Attorney Williams asked Commissioner Gavin if he was a member of the City Council when this Ordinance was drafted9 No Sir I was not. There were more discussion on the Ordinance between Attorneys Fifer and Williams. Mr. Schmitt explained how he knows so much about the depreciation of houses. City Attorney Gillenwater said he would like to state for the record that Mr. Jim Gillenwater Sr.is his father, Mike became aware on Friday afternoon that this was to come before the Board today, he did not have the opportunity to acquire other legal Council to render their opinion on this. Mike obtained a copy of the Ordinance and made a check list for moving buildings (see copy) and he recommends that the Board stick to the letter of the law. Mike gave the Board a couple of opinions they could go by. Mike said there are certain things that are required by this Ordinance, if those things have not occured and you issue a permit~ it his opinion you will find yourself in a law suit. Mike advised them to stick straight with the letter of the stature or the Ordinance. Mike read a list they have to have. There was much discussion. Mike said there is a requirement he recommends to consider that is not in this Ordinance~ He recommend you have a certification this building has been inspected and it contains no hazzardous materials~ specifically insulation or asbestos. Attorney Fifer asked Mike what conversation he had with Attoreny Williams? Mike said he had a conversation with him last Friday afternoon to advise him this would be appearing on the Board of Public Works agenda on Monday morning. What conversation did you have with your father? Mike said he did not have any, he is out of town~ he left town on Thursday. Attorney Filer and Mike got into a discussion over the agreement with the Church and the date on which the house could be moved. Mike said that Mr. Trembly brought to his attention there is an 8 ton load limit on Chestnut Street. Mr. Trembly said with it being a short distance the street should hold and should not have any damage. George asked Mike if the City can convene a Board of Public Works at any time? Mike said you have to have 48 hour notice. George gave his opinion on what's going on this morning, he came into this meeting as a Department Head, and was asked to sit on the Board and they fired all this paper work at him and he's suppose to sit here and make a decision, he's not going to make a decision. George said he will abstain from voting because he does not have the slightest idea what's going on. He has not read any of these papers, has not sat in on any meetings, his proposal is to reconvene when the Mayor Parker returns. Let Mayor Parket sit at the head of the Board and the regular Board members figure this out. George said he will not vote on this. Director Lakeman made the motion to table this until Thursday 9:30a.m., seconded by member Trembly, and carried unanimously. RAGE 4 JULY 3.~ 1995 STEAMBOAT DAYS PARADE Laura Lindley, Chairman of the Steamboat Days Parade presented a new route for the Parade. The route will be from Riverside Drive down Spring Street to Warder Pack. It will held on Wednesday Septembe 6~ I995, line up on Riverside Drive East and West beginning at 4:00PM and the Parade at 6:00PM She would like to have the Gazebo for awards and opening ceremonies~ and after the Parade the Big Wheel race. The busses wlll park in the K of C lot. The Downtown Merchants are in support of the Parade this year. problem and he will work with Ms. it will be a good alternative. approve the Steamboat Days Parader HOWARD STEAMBOAT MUSEUM Police Chief Elser said there is no Lindley. Commissioner Trembly said Director Lakeman made the motion to seconded by Member Trembly. Street Commissioner George Trembly said he has checked with Traffic Officer Capt. Schmidt on the parking situation at Howard Steamboat Museum. George would like to put up Handicap signs and no parking sugns. <see copy) Director Lakeman made the motion to approve the parking at Howard Steamboat Museum, seconded by Member Trembly, and carried unanimously. CHIPPER TRUCK BIDS City Attorney Gillenwater opened the bids for the Chipper Truck they are as follows: KENTUCKY TRUCK SALES, INC. 1403 Truckers Blvd. Jeffersonville, Indiana 47131 FL 60 Model CHIPPER TRUCK $35,382.00 GREAT AMERICAN PETERBILT, INC. 4415 Hamburg Pike Jeffersonville, Indiana 47130-0309 200 cab/chasis 26,000 $38~379.©0 GREAT AMERICAN PETERBILT~ INC. 4415 Hamburg Pike Jeffersonville, Indiana 47130-0309 330 cab/chasis 26~000 $44,216.00 we would review the Board next week. Director Matra said the bids and bring the ! recommendation back to PAGE 5 JULY 3, 1995 HANDICAP PARKING DOWNTOWN Personnel and Safety Director Harold Lakeman suggests there should be more Handicap Parking downtown along Spring Street and Court Avenue at Warder Park. Assistant Parks Superintendent Donnie Poole said he would like to have 2 at Warder Park. Mike suggests putting them close the ramp. George said the grass strip between the street and sidewalk on Court Avenue and Spring Street should be concreted. Mike said that if there are businesses that have Handicap Parking in their lots, then put the sign elsewhere. STOP SIGN ON GAIL DRIVE AND REEDS LANE City Engineer Bob Miller said he has a request for a stop sign put at Reeds Lane and Gall Drive it will be a 3 way stop. Capt Schmidt recommends putting it there. Director Lakeman made the motion, Member Trembly said he disagrees on this, because it is at the top of the hill. Police Chief Elder said to table this until next week. DUMPING CHIPS AT 1280 BIRCHWOOD DRIVE City Services Director Les Kavanaugh reported that Mt.Gerald Hallows, 1BBO Birchwood Drive has tree trimmers dumping tree chips in his back yard. It is Kentuckiana Tree Service. Mike said that if he is using them for landscaping purposes it's alright, but he should not be using them to fill with. Mike said to warn the Tree Service first and then start citing them and then cite Mr. Hallows in here. CLAIRIFIER ~3 Assistant Plant Superintendent Joe Goergen, reported they received only one bid on the repair of the Clairifier ~3 at a cost of $17,750.00. Joe is requesting the Boards approval on this. Director Lakeman made the motion to approve the repairing of the Clairifier ~3~ seconded by Member Trembly, and carried unanimously. PLUG BALL Assistant Plant Superintendent Joe Goergen want the Boards approval on a 48" plug ball. We have one quote of $2,856.00 from Flex-Rod Sewer Equipment Company. Director Lakeman made the motion to approve the plug ball, seconded by Member Trembly and carried unanimously. There being no further business to come Works and Safety, Director Lakeman made lO:45a.m., seconded by Member Trembly, and CLERK AND TREASURER MAYOR before the Board of Public the motion to adjourn at carried unanimously.