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HomeMy WebLinkAbout09-07-2005MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA SEPTEMBER 7, 2005 Councilperson Sellers called the meeting to order at 9:30 a.m. and on call of the roll those members present were: City Engineer Miller and Street Commissioner Ellis and Councilperson Sellers. Also present were: Administrator Davis, Vehicle Maintenance Director Drury, Street Commissioner Ellis, Assistant Police Chief Lovan, Animal Shelter Director Wilder, Human Resources Director Calabro, Planning Director Hicks, Building Commissioner Russ Segraves, Wastewater Treatment Director Crawford, Parks Director Poll, Fire Chief Miles, and Chief Deputy Suzy Bass. Building Commissioner Segraves made the motion to approve the payroll as presented, seconded by Street Commissioner Ellis and carded unanimously. VACATION OF PROPERTY Mary Pardon and Nancy Flynn appeared before the Board to request a vacation of property behind 425 Graham St. She had an ordinance prepared. Engineer Miller told the Board that it is an unusable piece of ground and will have to be divided between both properties. After further discussion, the motion was made by Engineer Miller to vacate the alley second by Councilperson Sellers and passed unanimously. Attorney Merkley will present her ordinance to the Council for approval. BANNER REQUEST Aaron Hupp appeared before the Board for permission to hang a banner across l0th St advertising Nextel in the Quartermaster. Mayor Waiz said that he is not in favor ora banner but suggested putting a sign in front of the business to advertise. HEARING - TUBBYS Russ Segraves said that on August 10, 2005 he cited a property at 228 Spring St on an unsafe building in accordance with the City Ordinance and State Law. He also cited Glenn Muncy, owner of the property to come before the Board of Public Works today to state his intentions on what he was going to do with that business. He gave him sixty days to complete the work. It has been almost a month and Mr. Segraves has been by the building several times and has seen no work taking place. He would like Mr. Muncy, who was present, to state his case and his intentions. City Attorney Merkley stated that this was a hearing and asked all who intended to speak or give testimony to raise their right hand and be sworn in and everything they say will be under oath. Mr. Merkley swore in the persons wishing to speak on the issue. Mr. Muncy: I have been working on the building. I don't understand why Russ hasn't seen me down there working. I have $4,000.00 worth of blue prints with me. I have 2 permits costing over $500.00 so why does Mr. Segraves think I'm not doing anything. I'm working on the building. You said I had 60 days to show I am doing something, well I am doing something and my permit also says I have a year to work on this building. I am working on the building and I want to get it done. I want to get it done but I am also going through other things. When I feel good, I go down there and work hard on it. I worked all of Labor Day Weekend down there. I am down there sometimes 3, 4, 5 o'clock in the morning working on it. What I am putting together down there will be a real asset to Jeffersonville. That's all I hear about it. Mr. Segraves: That's the reason I haven't seen you down there. I don't inspect in the middle of the night. Mr. Muncy: I understand that but I work those hours and I like to get things done when there is no one else around. IfI work during the day I will have 20 25 people stop by. But that's what builds my business. I can't be mean to nobody. When they come in, I got to talk to them. And I'll build a business like that. I have always have done that. I'm trying to build a building and if you guys don't want me to build a building try to stop me. I don't know. I do have some investors, even sitting at this table, who are interested in buying shares ifI decide to do that. My friend here, Dr. Heckman, she's the one who got me through my cancer. She's been helping me too. I have some big people behind me. I am doing the best I can do with what with. It has taken me 4 yrs and months to get this permit. Mr. Segraves: I have to admit, you went through the proper channels. You went to the State and got State approval, you got the building permit and electrical permit from the City. Mr. Muncy: Yes I am working on it. I'm doing the way I do things. I put these two big beams in the building this weekend. Without machines, just with muscle. Attorney Merkley: Russ, when was the last time you inspected the building? Mr. Segraves: It was probably around August 9, something like that. Attorney Merkley: What condition was the building in? Mr. Segraves: I have some pictures here. Councilperson Sellers to Mr. Segraves: Ok, so you don't really know what's been done in the last 30 days?" Mr. Segraves: I've been by it but I haven't been inside. Mr. Muncy: Russ, you know you can call me anytime, like you've done before and I can meet you there. Once the poles are set together, it will go pretty quick. Mr. Merkley: First of all Russ, you have determined the building to be unsafe based on your inspections. Can you elaborate a little bit more on you determination? Mr. Segraves: Any vacant building can be determined a fire hazard. This building has been vacant for years. This first notice went out in 2001 and I don't know what all happened there but it still needs a lot of work done on it. It's not in danger of collapsing or hurting anyone, the exterior needs some work. It is open in the back and pigeons and things can get in there and things like that. But it is not in danger of falling down but it does need some TLC, tender loving care. Mr. Merkley: But it is currently vacant is that correct? Mr. Segraves: R is currently vacant. Mr. Muncy: Russ, I have discussed with you why that eve is off of the back. IfI were to close that up right after that fire, it wouldn't have gotten any air to it. That is what has actually saved that building from corroding. We are talking 6 inches. I left that open to let flow through there. That's the only thing that has saved the building. Mr. Segraves: I am only mentioning that because State Law has that provision in there. Mr. Muncy: I understand that but there's no birds or anything in that building. I don't understand that. Mr. Segraves: No, there's not. Mr. Muncy: I have actually had the building leased out to Mark for restaurant equipment. It is just month to month. It's a handshake deal. That's all it was as a storage so to speak. Now all that equipment is out. I helped him haul it out. I am working on the building. It hurts when you get bad write ups in the paper. People are all gung-ho to help you and everything and they see that and kind of wonder...its kind of scary. Mr. Merkley: So Russ, you inspected it right around August 9th? Mr. Segraves: That is correct. Mr. Merkley: How long have you been Building Commissioner Russ? Mr. Segraves: Right around 19 months. Mr. Merkley: And prior to that? Mr. Segraves: I worked for the City of Louisville in the building construction permits for 20 yrs. Mr. Merkley: Based on your experience, have you determined that the structural condition is in a manner that makes it unsafe to personal property? Mr. Segraves: Well part of the 2nd floor is gone, the floor joist are in there but the floor sheeting is gone. The exterior stairwell is in need of some work but I didn't see any evidence of it being in danger of collapsing. Mr. Merkley: It is vacant. Is it in a condition to which would allow for human habitation or occupancy? Mr. Segraves: No it is not at this time. It has no restrooms on the 1st floor. It is basicailyjust a shell. Mr. Merkley: What about it being a fire hazard? Mr. Segraves: As far as fire hazard, any vacant building is a fire hazard. A subject can get in there and start a fire. Mr. Merkley: So you have determined it a fire hazard? Mr. Segraves: Right. Mr. Merkley: Just for the record, Russ do you have anything in your files where we had previously cited Mr. Muncy on this property? Mr. Segraves: Yes, I believe the date was January 23, 2001. We sent him a letter. Mr. Merkley: In fact I am looking at that letter and that letter stated that 10 days from the date of receiving that letter, the building was suppose to be removed. Obviously that hasn't been done. Tubby do you recall receiving that letter? Mr. Muncy: No I don't really recall getting that letter but I may have. I don't see where the problem is. I am trying to build a business and bring some life back into Jeffersonville. It's not a bar, it's a restaurant. Mr. Merkley: Well the purpose of this proceeding this morning is under IN Law the Building Commissioner is the enforcement to make sure the building is unsafe and the Commissioner has made that determination and has sent out a letter to Tubby on August 10, 2005. And by State Statute, we are required by law to have a hearing. The hearing authority for this is the Board of Public Works. You all have three options in front of you: You can either affirm the order that the Building Commissioner has issued, which is basically stating that the property owner has 60 days to render the building safe. So what I assume that means is that on day 61, Russ will go into the building and determine whether or not the conditions have changed. Or you can rescind the order or you can modify the order. Whatever your decision is today, I will prepare what is called "Findings and Facts" which will be adopted by the Board. Because whatever you do today, the property owner has rights under law where he can appeal any decision you make today. So those are your three options. Mayor Waiz: Have you been in it since he has been working on it Russ? Mr. Segraves: No I have not. Mr. Merkley: How much work have you done to it? Mr. Muncy: I have put some poles up in it. The main beams. It holds the second floor so to speak. The key to the whole this is these poles. They weigh about 800 or 900 lbs each. They go straight up. Actually, I am overdoing it. 4 X 4's would work and I'm using 8 X 12's. Councilperson Sellers: How much do you think you will have done within the 60 days? Mr. Muncy: I'm hoping to have all of the poles up and the whole floor secured. It's just according to ifI go with my investors, how fast we finish it up here. There are a lot of things coming in to play right now with money. I will have a lot of money or investors. I've got some investors right now that are ready to invest with me. It will have to be mine decision on that. I just want to get the building safe and open a restaurant. That's where my heart is. It's hard work but that's where my heart is. Mayor Waiz: Well it looks like you have a lot of the bigger things out of the way. You still have an additional 30 days to get the rest done. Mr. Muncy: I want Russ to come down because if I'm doing something wrong I hope he can advise me. Councilperson Sellers: Russ, what would make this not a fire hazard? Is it because it's not occupied? Mr. Segraves: If he does everything the plans call for and does everything he's suppose to do, then it will be ready for occupancy and the problem will go away. Councilperson Sellers: He has to have it done in 60 days? Mr. Segraves: Well cosmetic things, we are not worried about. The structural things need done. The 2nd floor needs additional supports on there. Councilperson Sellers: I'm going to make a motion that we allow him to finish up in the next 60 days. What do you call that, affirm? Mr. Merkley: Let me point out that under statute that if the order that is issued by the Building Commissioner is more than 30 days to do what needs to be done, then the order can require that substantial extension can be made to accomplish the action within a certain amount of period. So one of the things that you can do is you could modify the order and give him more time and say that he has to have a substantial amount of work done by a certain date. Or you can affirm it. Councilperson Sellers: Tubby, I think what the problem evexyone is having is that they just aren't seeing a lot of action going on down there and it's been quite a while. Mr. Merkley: Cormie makes a good point from the standpoint in 2001 this issue was brought before the BPW. Mr. Muncy: But Les, I didn't have the permits. Mr. Merkley: I understand that but from the standpoint of the law of it being an unsafe building. In 2001, it was determined to be an unsafe building. Mr. Muncy: My problem has always been that I haven't had the permits to work on it. Mr. Merkley: But the point I'm making that in 2001, the then Commissioner Larry Decker made the determination that it was an unsafe building. Now in 2005 the Building Commissioner Russ Segraves is making a determination that it is an unsafe building. For 4 yrs it has been an unsafe building and nothing has been done. Mr. Muncy: I understand that and it's been through a lot and its still standing. But I understand what you are saying and I told Russ that I would try to do my best to get it done in 60 days. The main structure is what I'm working on. I hate working on a deadline but I'm trying. That's all I can say. Councilperson Sellers: Tubby, you're going to have to. Russ, if he has the main structure up like he's doing, would that do it? Mr. Segraves: If he gets the floors fixed and gets the exterior exits ail done, then I think it can removed as unsafe. Councilperson Sellers: How long do you think that will take? Mr. Muncy: I'm going to be working on it tonight. Councilperson Sellers: Well what I'm thinking about doing is possibly extending the order but I can't do that unless you tell me how long it is going to take. It is going to have to be reasonable and we are going to have to see some work done on it. Mr. Muncy: I would love to have it open in six months so I can make a living and feed my kids and I got to have a job. Councilperson Sellers: Okay, I'm going to make a motion that we give you 60 days from today and you better work hard. Mr. Merkley: I would also suggest that since you are making it a 60 day order that you put language in there saying that their must be substantial improvement within 30 days. He will have 60 days but must improvements will need to be made within 30 days. Russ will be in to inspect in 30 days and take pictures. The motion was made by Councilperson Sellers to modify the order to give Mr. Muncy 60 days from today to make the building safe with substantial improvement done in 30 days. The motion was second by Engineer Miller and passed unanimously. EH CONSTRUCTION 2nd PAY REQUEST ~ Mayor Waiz said that he has received a 2nd pay request for E H Construction in the mount of $247,402.00 through redevelopment. The motion was made by Engineer Miller to approve this request, second by Councilperson Sellers and passed unanimously. Mr. Armstrong appeared before the Board concerning the right of way lines on a piece of property that was cut offwhen the new road was built on Charlestown Pike. Her would like the City to vacate this property so he can sell it the property. He presented the Board with a drawing ofkis property. It is a 40 fl right-of-waY. Engineer Miller thought this had aiready been done said that he will get with Jorge Lanz from Jacobi, Tombs and Lanz and get back with Mr. Armstrong. COMMENTS: Director Crawford thanked Director Ellis for supplying him with some applications. There are some openings at EMC with at least a Class B Certification. Engineer Miller presented a letter to Les Merkley from Koetter Construction Co about dedicating a road in the Bridgepoint Business Center. He said that the finished coat is not completed yet. Attorney Merkley will issue a letter stating Engineer Miller's findings. There being no further discussion to come before the Board the motion was made by Building Engineer Ellis, sec~~rson Sellers and carried unanimously. MA¥O -× /' ATTEST: