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HomeMy WebLinkAbout07-10-1995MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE~ INDIANA MONDAY JUI.Y i0, 1995 Mayor Raymond J. Parker Jr. called the meeting to order at 9:30 A.M., and o~ call of the roll those members present were Mayor Raymond J. Parker Jv.~ Sewage Collect'ion Off,ce Director Jim M~rra~ Police Chief Charles Elder filled in for Personnel and Safety Director Harold Lakeman in his absence. Also present were: Building Commissioner Bill Gavin, City Engineer Bob Miller~ Street Commissioner George Ti-embly~ City Attorney Mike Gillenwater~ Sewage Office Manager Bob Goldman~ Maintenance Foreman Mike Ewton, Police Chief Charles Elder~ Fire Chief Jerry Dooley~ City Services Coordinator leslie Kavanaugh~ Assistant Parks Superintendent Donnie Poole~ Administrative Assistant Donna Baird, Wastewater Treatment Manager Kendall Coleman, Clerk and Treasurer C. Richard Spencer Jr., and Clerk Alice Davis. Director seconded Director seconded ROADBLOCK Matra made the motion to approve the claims by Member Elder~ and carried unanimously. Matra made the motion to approve the payrolls by Member Elder and carried unanimously. FOR ELITE SOFTBALL TEAM Les Bell representing Elibe Softbmll is requesting a roadblock to send his team to the Nationmls ~n Florida. Mi-. Bell requests Saturday July 22~ 1995 from lO:OOam-B:OOpm at two locations of Dutch Lane and Hamburg Pike, and~Main and Market Streets. Director Matra made the motion to approve the Roadblock for two locatiOns on Saturday July 22~ 1995, seconded by Member Elder, and carried unanimously. PEDDLER~S PERMIT Michael Oliver of Southeast Management Group of Indiana is requesting a Peddler's Permit, did not appear before the Board~ this was tabled. BANNERS FOR JUMP COMMITTEE DURING STEAMBOAT DAYS Melba Doggett representing the Jump Committee is requesting banners be hung on E. loth Street for the Steamboat Days Festival. City Engineer Bob Miller said she would have to go to PSI because they won't let the City around the wires for safety reasons. Ms Doggett said she would like one on the train treliis~ fence at the Street Department, and Warder Park. Mayor Parker asked Donna Baird to coordinmte this with George and M~. Doggetto ANNOUNCEMENT Melba .Doggett announced that on July 15, 1995 there will be an Evening with Bob Hill and old Friends, this for Racial Harmony Group~ is sponsored by the Downtown Churchs in Jeffersonvi 1 le. Louisville Assistant Basketball Coech Jerry Jones will be there on it's at Bob Hill's Farm, in Utica. Ms. Doggett has t~ckets to sell. OAK RIDGE DRIVE Sandy Lewis representing Greater Clark County Schools along with Dr. David Pullian, Superintendent of Schools, Mr. Phillip Carroll, Ted Williams representatives of Arby~s Resturant Group. Ms. Lewis explaind that Arby~s representatives came before the Board and asked for permission to put in a driveway cut, off of Oakridge Drive into Arby~s Resturant~ and the Board granted them permission. Ms. Lewis said that Oakridge Drive belongs to the School Corporation and Greater Clark did not give Arby's permission to put the cut across their property. Ms. Lewis is requesting permission to have the driveway cut relocated Lap farther on Oakridge Drive for safety reasons. Also the Corporation would like for the City to dedicate this street up to the top of the hill. City Attorney Gillenwater and City Engineer Miller said the City does not have any interest in the Street. Commissioner Gavin said he assumed the City owned the Street because they did snow removal and too;( care of it, and Bill said he worked with a Lady Manager at that time, and he recommended it, and the Board approved it, and thats how it transpired. Ms. Lewis said that the School Corporation will work with Arby~s. Ted Williams is with the construction end of Arbys spoke, and explained what had happened and they would pay for all the costs for the relocation. Mayor Parker sa~d he would like to confer w~th the City Attorney, Building Commissioner~ City Engineer, and bring the recommendations back to the Board next Monday. MOVING HOUSE FOR MR. PERKINS Mayor Parker said that this was tabled from last week when he was not here. Mayor Parker asked a couple questions before we get into this. Is there anything changed Greg or Kyle in regards to this transaction because he has a problem with City Attorney Mike Gillenwater being the Attorney for a conflict of interest in this case, being his father, and Mayor Parker does not have legal representation, and if that is the case~ he would request that we have a special meeting so he can have legal representation. Is there a change? Atborney Fifer said we still eeed permits. Mayor Parker asked, did Mike talk to them last week in regards to a special meeting? Attorney Filer answered~ yes. Mike said you could recess and come back at anytime. Mayor Parker said we will recess after we go around the Board and then make arrangements. SEWER TAP-IN City Attorney Mike Gillenwater reported on the sewer t~p-in on Middle Road for Golden's Grass Cutting who came before the Board a few months ago to tap-into the City's force main. Attorney Gillenwater said he received a letter from Oak Park Conservancy indicating that that's within there Conservancy District area and bou~dries and he would have to get permission from there Board to tap in the City's sewer system. Mike recommends that we not allow him to ~ap in until he provides us with proof that there Boards has given him permission. PAGE 3 JUlY 20, ]995 STREET LIGHTS EASTBROOK MANOR City Engineer Bob Miller requests from Eastbrook approve the 6 additional by Member Elder, and STREET CLOSURE Waetewater Treatment reported he has 6 additional street llght Manor. Director Matra made the motion to street lights for Eastbrook Manor, seconded carried unanimously. Plant Manager Kendall Coleman is requesting on 8th Street Street for Wednesday July 10, 1995 for approximately B-A hours that between Walnut to Penn Street be closed and detour to 9th work. to be done on the collection system at Meigs Avenue. CHIPPER TRUCK BIDS Maintenance Foreman Mike Ewton would like to hold off on the Chipper Truck bids for a week or two until we can take a better look at them. STREET CLOSING the emergency exit, will Oe closed on Sunday July 16, ]995 for ~ hours. They will be putting an air conditioner unit on the roof. BUDGETS Administrative Assistant Donna Baird said she met with Council President Wilder and went over the scheduals for the Budget Sessions. Donna has a list and paesed them out to all the Department Pleads. Donna said that anyone is welcome to come to y~ur Departments Hearing but it's not necessary to be there Mayor Parker said that this Board will recess until B:O© P.M. ~o hear the ma~er on moving the ~ome at ~©3 E. Chestnut Street. Perkins vs. Gillenwater. The reason is in regards to .~egal representation. BOARD OF PUBLIC WORKS RECONVENED AT B:O0 P.M. Those present were: Ma¢or Raymond J. Parker, Sewage Collection Office Manager James Marra~ Police Chief Charles Eider. others pr'esent were: Attorney Iefferv Stonebraker, Building Commissioner B~ll Gavin, Clerk and Treasurer C. Richard Soencer, Jr. and Clerk Alice Davi~. Ma,or Parker asked Attorney Filer to explain the reasons for' being hear. Attorney Filer said the reasons is to move a house at BBS E. Chestnu~ St. to 403 E. Chestnut Street for John and Teresa Perkins and would like to run through the aoolicabion. Attorney Filer exolained briefly about the City Ordinance 87-0R-53 on moving buildings he is asking ~or a ~ermit ~o move a house which is ~resentl¥ owned ny Wall Street Vlethodist Church, Johr owns a D~ece of property next to the olo Chestnut Street School. The house has been appraised PAGE t~ JULY 10, ]995 and inspected. The application is to try to follow the Ordinance and give all the things that are required in it. Attorney Filer explained exhibit F, G~ K~ L. There ace letters from the Police Department Traffic Division~ Building Commissioner which say this move can be accommodated without danger. The movers will be Edwards Moving Rigging, Shepherdsville~ Kentucky. The deadline to move the house is July 15~ t995. Attorney Filer is asking the Board to do what they can to help. Mr. Scales appeared with Attorney Filer and he helped rewrite the Ordinance. Mr. Scales said he has inspected the house there is no structuat damage, normal plaster cracks, he designed the foundation. Mayor Parker said we need to allow Attorney Williams to speak. Attorney Williams said he has no more to add from last weeks meeting, he then reviewed what was said and the 8 objections he gave, he then said we rest on the materials that has been submitted before the Board. Attorne%.Stonebraker said he has one question to ask of Attorney Fifer, Attor'~ey Gillenwater gave him a copy of the filing of the application and Mr. Bottorff's exhibit was not there? Attorney Filer presented a copy to Attorney ~onebraker and explained the appraisal. Mr. Scales~explained that back in 1961 when the Ordinance was written it was ~ try to keep a structure which was burnt or damaged severely to be moved to another location, and not move a piece of trash~ into the City and have to go back, and fix it up where it would be more then its original cost at that point in time. Commissioner Gavin said he will make the same statement, there is no structrual damage~ cosmetic damages, a single family residence. Mayor' Parker asked Attorney Filer about different things to explain in page 5 findings. Attorney Filer explained them, he also explained the application, the variances and the additional ?' that Mr. Perkins purchased from Tom and Nancy Kempf. Attorney Filer asked Commissioner Gavin if ?' is a setback requirement from the property line. Commissioner Gavin answered, yes~ in an R-I ~one, and the R-B Zone in which it is~ is less. Attorney Filer asked Commissioner Gavin if he has reached a conclusion from a zoning standpoint that if this Board grants a moving permit, you would grant the necessary foundation and lot improvement permits? Commiesioner Gavin answered as long as he gets a letter from the Zoning Attorney stating that everything is alright. Mayor Parker said his opinion on this is that it appears to him thmt Mr. Perkins has made all the right efforts to move the house. Mayor Parker said based on what Commis~oner Gavin says and in regards with the variance document, and based on what Attorney Fifer says on the new variance, in his opinion all requirements have been made. Director Marra made the motion to grant the permit to move the house, Member Elder asked Attorney Stonebraker if he feels that everything has been done right? Attorney Stonebraker explained his position on the different issues that ~ere brought up. Mayor Parker said he does not believe there is nothing they can find to deny the permit, because all the requirements have been made. Chief Elder said from Attorney Stonebrakers opinion and what he has heard~ he was here Monday and heard all the arguments, seconded by Member Eider~ and carried unanimously. (there is a tape in the Clerk-Treasurers Office see copy of application for permit to move residential structure in the Board of Public Works and Safety Minutes Book.) Mr. Stonebraker said that having approved the permit there should be a performance Bond to assure that the house is moved quickly and e~ficently. Attorney Filer ~aid there is insurance of one million dollars to make sure there is PAGE 5 JULY 10, 1995 no damage and the Ordinance gives 30 days and beyond the 30 days the Board is to set some penalty or require some performance bond suggest to stipulate a charge of $100.00 per day or we can post some k~nd of a monitary document or' cash. Mr. Perkins will deposit a check for $1~500.00 to be held in the Clerk-Treasurer's Office and be applied to the $100.00 per day fine. Attorney Filer said they intend to ask that the permits be issued today or tomorrow~ and disclose the times with Mr. Gavin. CHANGE ORDER Clerk and Treasurer Spencer presented a change order from the Indiana Department of Transporation to Mid State Paving~ Inc. who is requesting the Boards signatures on this, there is a credit of $952.00. Director Matra made the motion to approve the change order ~6, seconded by Member Elder. There being no further business to Works and Safety, Sewage Collection the motion to adjourn at carried unanimously. 03:15p.m., seconded by Member Elder, come before the Board of Public Office Director James Matra, made and