The Board of Works and Safety for the City of Attica met, pursuant to Public Notice, on Tuesday, November 5, 2019, at 4:30 P.M. in the City Council Room.
Present were Board Member, Andy Smart. Also, present: Clerk-Treasurer; Susan Stoll; Mayor, Duane Roderick; and City Attorney, Jud Barce.
Minutes from the previous meeting:
Smart made a motion to approve the minutes from the October 15th meeting. Roderick seconded. All were in favor and the motion passed.
Jarod Kirby attended the meeting. He wishes to request a variance from the Board of Zoning Appeals. He wants to add on to his home on Yount Street but by doing so, he will not comply with our zoning ordinance. Attorney Barce took his email address and said he would send Kirby instructions for making this request and speak about setting a date for a Board of Zoning appeals meeting.
Department Head Reports:
Director of Public Works, Eric Swank, was present. The city crews are still picking up leaves.
Police Chief, Ed Durnil, was not present.
Attica Fire Chief, Mike Little, was present. Gary Cheeseman will be hired to reset the pole for the siren at the city building. He should be working on that in the next couple of weeks. Smart asked if Davis Township agreed to pay the city for fire protection. Little said they agreed to that. Little also reported that the fire department applied for an Attica Community Foundation grant for $4000 for smoke detectors for Attica citizens. The department plans on having a blitz.
Building Commissioner, Jeff Pycke, was present. Pycke reported that the owner of 808 S. McDonald Street had been ordered to report to the Board of Works by today for a review hearing. Owner, Rocktop Partners LLC, were not present. Barce swore Pycke in to take his testimony. Barce: Was an unsafe building hearing held on September 3, and a list of repairs was sent to Rocktop Partners LLC/808 S. McDonald St., and that the owner was notified that there was a review hearing scheduled for today, and was the order affirmed? Pycke: answered yes. Barce: Has the work been completed? Pycke: Reported he visited the property and no repair has occurred. No further questioning. Barce informed the Board of Works that if they find, based on Pycke’s testimony, that the owner willfully failure to comply, a $5,000 fine could be assessed. Smart made a motion to fine Rocktop Partners $5000. Roderick made a second to the motion. All were in favor and the motion passed. Barce asked if the city would like to do the work to complete the needed repairs that were not completed by the owner. Smart stated that it would be a waste of money to repair when the home is in such bad condition. Roderick said the city should seek demolition bids. Barce said he will record the order for the unsafe building in case the owner decides to sell the building.
A review hearing began for 201 S. Perry St. Owners, Jeffrey D & Tanya Bieneman were not present. Barce took testimony under oath by Pycke. Barce: Was an unsafe building hearing held on September 3, and Jeffrey and Tanya Bieneman/201 S. Perry St were informed the building should be removed, and that the owner was notified that there was a review hearing scheduled for today, and was the order affirmed? Pycke: answered yes. Barce: Has the work been completed? Pycke: Reported he visited the property and the building was not removed. Barce: Is the property vacant? Pycke: yes. No further questions. Smart made a motion to fine the Bieneman’s $5,000 for willful non-compliance. Roderick made a second. All were in favor and the motion passed. Barce will record the unsafe building order for this property. Smart made a motion to give the owner another 30 days to take the building down, if completed by then, the city will either seek quotes to demolish the structure. Roderick made a second. All were in favor and the motion passed.
A review hearing for 705 S. Union St. was opened. Barce swore in owner, Todd Howard and Building Commissioner, Jeff Pycke. Barce to Howard: You own 705 S. Union St. in Attica? Howard: Yes. Barce: You received an unsafe building order from the City requesting that the building be removed? Howard: Yes, but thought it was to remove or repair. Barce cited the letter that said the order was to remove. Howard acknowledged this. Barce: Do you dispute that the building is unsafe? Howard: No answer. Barce: What are your plans for the building? Howard: Sell the building. Barce: Building Commissioner feels the building needs to be demolished. Do you contest the removal of the building? Howard: I did not want to spend the money to do this. I will need time to get money together to do this. Barce to Pycke: Are you familiar with the building at 705 S. Union and is it owned by Todd Howard? Pycke: Yes. Barce to Pycke: Did you send a letter to Todd Howard informing him of the order to demolish and for the review hearing today? Pycke: Yes. Barce: Have you determined that the building is unsafe? Pycke: Yes. Barce: Can you tell the board what you feel are the main things that make the building unsafe? Pycke: The front porch is gone, the skirting is removed, the roof is leaking and in bad shape. Barce: Is it more expensive to repair the building to make it liveable than it is to demolish it? Pycke: Yes. Howard asked if the order pertained to both buildings on the property. Pycke answered that both buildings are deemed to be unsafe. Barce asked Howard if he agrees with the order. Howard answered he hasn’t been there for years so he could not contest Pycke’s assessment. Smart made a motion to affirm the order and give Howard until June 1, 2020 to remove the structures. If the work is not completed by that date, the City will find Howard $5,000 and seek quotes for demolition. If the buildings are demolished by Howard, there will be no fine assessed. Roderick made a second to the motion. All were in favor and the motion passed. Barce informed Howard that he will send a summary letter of this decision.
A review hearing for 430 E. Main St. was opened. Owner, Kasim Hendrix was not present. Chief Durnil stated he was unable to serve papers to the owner. No one is living there right now and there is no forwarding address. This was an unsafe building order to have the roof repaired and windows and doors be secured. Since the owner cannot be reached, a notice needs to be published in the newspaper 3 times. Barce will record an unsafe building order with Fountain County. A review hearing will be set for January 7, 2020.
The status of the demolition of 200 W. Street which was damaged by a house fire was discussed. A hearing had been set for October 1, 2019 on the demolition. Reitsma was the last known owner. Barce will set a resolution hearing for January 7, 2020.
Pycke said that 201 W. Monroe Street, owner Patrick Runyan, constructed a fence that is obstructing the view of traffic due to the height of the fence. It is a safety hazard. He is in violation of our ordinance. Roderick and Smart asked Barce to send a letter to the owner asking for the fence to be reconstructed so that it complies with our height ordinance.
There was none.
The City received two sealed bids for our residential trash contract bid. Barce opened the first bid from Republic Services. The bid for year 1 is $12.65 per residential unit per month. Years 2-5 increases in rates will be based on the Consumer Price Index increase each year or 4% per year. For 2020 the annual cost would be $181,552.80 for 1196 meters. No cost on the alternate bids. The dumpsters located at all the current city buildings was no itemized. It is part of the total cost of the bid. Roderick asked if language could be added to state, “not to exceed a certain % increase.”
The second bid submitted by Trash Kans, LLC was opened by Barce. They submitted a bid for $9.71 per month per residence based on 1196 residences. This equals $139,357.92/year for 2020. This quote includes the cost to service a dumpster at all our current city buildings. They bid on Alternative 2 at the rate of $7,200 per year. Barce will evaluate the way they bid it on the alternatives.
Barce said he will review the contracts for the city.
Smart made a motion to have Barce to take the contracts under advisement. Roderick made a second to the motion. All were in favor and the motion passed.
Utility credits were presented by Stoll. The Board of Works moved to approve all the credit requests. Motion Smart. Second by Roderick. All were in favor and the motion passed.
The claims were presented by Stoll. Smart made a motion to approve claims from 10/16/19 to 11/5/19 totaling $329,093.74. Roderick seconded. All were in favor and the motion passed.
There being no further business, the meeting was adjourned, the next Board of Works meeting will be held on Tuesday, November 19th, 2019 at 4:30 pm.