PENDING APPROVAL
MINUTES
Town of Long Beach
Building Commission
June 1, 2012
9:00 A.M.
A meeting of the Long Beach Building Commission was called to order by Building Commissioner Paul Fithian at 9:00 A.M. In attendance were Building Commissioners, Robert Angelo and Patrick McDonald, and Building Commissioner, Paul Fithian. Approximately 25 residents were in attendance.
Mr. Fithian began with a review of the Agenda items. He noted that public comment would be available at the end of the meeting.
1. Review any issues with current building activities.
There was no report.
2. Review need for regular Building Commission meetings.
Mr. Fithian noted that in the past, the Building Commission has not held regularly scheduled meetings; however, he noted that in the future he will schedule Building Commission meetings on a quarterly basis. Mr. Fithian also noted that he will attend the regular Town Council meeting to update and answer any questions that may arise. A Special Meeting may be necessary from time to time, and can be called by request and proper notice. Also, it was noted that the Building Commission Minutes will be published and available on the Town website.
3. Review need to add additional resources and/or person for the role of Building Commissioner.
The role of the Building Commissioner was reviewed and it was noted that building permits previously were issued by the Building Inspector and the Town Clerk. At the present time, only the Building Commissioner is approving permits. Mr. Fithian noted that the Codes and Ordinance are not cohesive and that they need to be organized and available for the Building Commission, the residents and the contractors.
Mr. Fithian indicated that he would prepare a scope of work that would include the following: review land use documents and codes; post and publish codes and ordinances; work as a front end to review building permits; and manage building construction inspections. Mr. Fithian indicated that he would obtain quotes from three engineering firms with regard to this proposal. The additional cost for this service will need to be incorporated into the building permit fees. The Permit fee structure was reviewed and it was noted that the fee structure may need to be changed.
Discussion followed with regard to obtaining bids from three engineering firms and then making a recommendation to the Advisory Plan Commission who in turn would make a recommendation to the Town Council for further action.
4. 1405 Lake Shore Drive
It was noted that Dr. Angelo and Mr. McDonald stated that all matters with regard to the construction at 1405 have been addressed.
Mr. Doug Waters, a Long Beach resident and owner of Long Beach Realty at 1401 Lake Shore Drive, was in attendance at the meeting to discuss the status of the construction. He inquired about the status of the retaining wall that, pursuant to the report from Haas Engineering, will be located partially in the right-of-way. Mr. Fithian noted that the retaining wall will not be located in the right-of-way. It was discussed as to whether a stop work order was required or recommended due to the fact that the plans show the retaining wall within the right-of-way. It was noted by the Commission that no stop work order is necessary at this time.
A review of the construction at the location followed. It was noted that the permit was reviewed and approved by Building Inspector, Mr. Owens. After construction had begun a stop work order was issued and three items that needed to be corrected were noted to the builder. The three items were corrected and work resumed.
Mr. Waters noted that damage has been done to his building due to the work at 1405 Lake Shore Drive. He has submitted pictures of the damage and inquired why the builder was able to continue working at the site. Also, Mr. Waters stated that he had sent a Freedom of Information Request and has not received the information from the Commission to date. Mr. Fithian noted that he had just received the request for information and stated that he would produce all information by either email or hard copy. It was noted that the information should be given to the Town Clerk for processing.
The need for better communication by the Commission to each Commission member as well as to the public was discussed. Mr. Waters noted that he is requesting the Commission to address the fact that the topography at 1405 and vicinity is still moving; the retaining wall as it is outlined on the plan; lack of information from the Commission; and the damage to his property at 1401 Lake Shore Drive.
Mr.Fithian inquired if other neighbors in the area had reported any damage. It was noted that one of the neighbors is in litigation with the builder due to trees that had been cut down. Mr. Waters noted that pictures have been sent to Commission members and the damage to his property began when the sheet pilings were being installed. He indicated that a wall in his building has moved 2½ inches. Mr. Fithian noted that the issue and any remedy is now between Mr. Waters and the Builder and lot owner.
Mr. Michael Connors noted that some form of arbitration between the parties should take place with the Town, the Builder and Mr. Waters all participating to work things out.
Mr. Thomas King inquired if all Commissioners had reviewed the pictures and reviewed the damage to 1401 Lake Shore Drive and all Commissioners noted that they had reviewed the pictures and damage to the building. He inquired why that would not warrant a stop work order and additional review of the builders plans. It was noted that the report from Haas stated that the pile driving is not damaging adjacent structures.
5. Items submitted in writing by LB Citizens.
Mr. Jim Neulieb submitted a list of concerns to the Commission for their review as follows:
1. Public Safety issue in regard of fencing in public right of way. It was noted that steel I-beams were located in the right-of-way at Stop 19. Mr. Neulieb noted that he thought that these I-beams were a public safety concern due to the traffic on Lake Shore Drive, vehicular, pedestrian and bicycles. The Commission noted that an effort to clear the right-of-way area along Lake Shore Drive was discussed several years ago; however, no changes were made.
Following full discussion it was noted that structures that may create a hazard to public safety will be addressed. Mr. Fithian noted that the Commission will work with Attorney Thorne on this issue. It was further noted that this matter will be reviewed by the Advisory Plan Commission and on MOTION made and seconded by Dr. Angelo the following motion was approved by a unanimous vote of all present.
MOTION to refer the matter of encroachments in the right-of-way to the Advisory Plan Commission and Attorney Lukman for his opinion and recommendation regarding encroachments and encroachments that are a safety hazard to the public.
2. Lake Shore Drive Damage due to Construction of Private Contractors. Mr. Neulieb noted that a section of the street that was dug up during a recent construction project near Stop 19 has been patched and the area has settled and needs to be repaired. Mr. McDonald noted that he will forward this to the Street Dept.
Full discussion followed with regard to the status of the electrical box located in the vacant lot next to the Olive residence at Stop 19. Mr. Fithian noted that certified letters have been sent to the homeowner requesting that the unit be relocated. This matter is pending and not resolved at this time.
3. Process of Approving the issuance of Improvement Location Permits. Mr. Neulieb inquired about the issuance of Improvement Location Permits. It was noted that the Town does not issue Improvement Location Permits. The Commission noted that all permits fall under one permit category.
4. Process for appointing Electrical Inspector. Mr. Neulieb inquired if an Electrical Inspector had been appointed, pursuant to the Ordinance which requires an Electrical Inspector to be appointed by January 10. Mr. Fithian noted that he was unaware of how the inspector was appointed and that he “inherited” the system; however, he agreed that the Ordinance should and will be followed in the future.
5. Process for Building Code Violations and Action when Violator Does Not Comply. Mr. Fithian noted that as of a few weeks ago, he has been the only person to approve Building Permits. He noted that he has sent out certified letters to residents in violation and some matters are resolved and others are not. He noted that he will discuss with Attorney Thorne the recourse that the Town has with regard to the violations that are not resolved.
Mr. Neulieb thanked the Commission for addressing his concerns and the meeting proceeded with it’s Agenda items.
6. Update regarding Stop 23 Vacant Lots.
Mr. Fithian noted that there were concerns about the two building permit applications for this property as follows: 1. Septic tank issues; 2. the zoning issues involved in making three (3) lots into two (2) lots; and 3. specification of who is the owner and who is the agent. Discussion followed regarding the status of these three issues. It was noted that the zoning issue is being taken care of by the attorneys, and the ownership question is being addressed. The pending matter is the septic tank permit.
Mr. Fithian noted that he had received a petition from residents in Long Beach with regard to the buildings at this location. Mr. Thomas King was in attendance to discuss this matter with the Commission. He stated that the concern is that the land is unsuitable for building and unsuitable for a septic tank installation. Full discussion followed with regard to the use of the property and the status of the septic tank installation. It was noted that the septic tank permit has been approved, however, further review is pending with the State of Indiana.
A meeting had taken place at the location with the Builder, the Commission and State of Indiana officials. It was noted that Mr. King was not informed of the meeting and he requested that any future action or recommendations regarding this property be held off until he and the concerned residents of Long Beach can meet with the State officials to review the matter. Mr. King noted that he has already contacted the State and they have agreed to meet with him to discuss same. The Commission acknowledged Mr. King's request.
Mr. Fithian noted that if a building permit meets all codes and ordinances there is no reason not to approve the permit. It was noted that following the approval of a building permit, there is a 30-day period at which time a complaint may be filed with the Building and Zoning Committee for review of the building permit.
Full discussion followed with regard to the building ordinances that are current and ordinances that are proposed for future use. It was noted that this building permit application falls within the ordinances that are in effect at this time.
7. Issues raised at the May 14, 2012 Town Council Meeting.
Mr. Fithian noted that he is not out of the country half of the year. He does have a full-time job, but is usually available and he noted that his email and phone number are available for anyone who would like to contact him. It was also noted that meeting dates will be published and that the Commission will meet on a quarterly basis. Mr. King requested the Commission to meet in the evening so that residents could attend and not have to take a day off from work.
8. Deck at 1612 Indianapolis.
It was noted that the deck at 1612 Indianapolis was built without a permit and is in violation of the zoning ordinance. Certified letters have not been sent to the homeowner and no reply or remedy has been forthcoming. Mr. Pete Byvoets noted that the Advisory Plan Commission's Land Use Attorney will be able to assist in this matter.
9. Items from Pete Byvoets.
Mr. Byvoets distributed a handout of recommendations to the Building Commission. A copy of that handout is attached to these minutes. Mr. Byvoets requested approval from the Commission to permit the Advisory Plan Commission's Land Use Attorney to outline the responsibilities of the Building Commissioner and to look into a tiered building permit structure. Mr. Byvoets noted that the Advisory Plan Commission has hired a Land Use Attorney and he will review the codes and ordinances and recommend to the Plan Commission any changes that need to be made. Full discussion followed and the following MOTION was made, seconded and approved unanimously:
MOTION to allow the Advisory Plan Commission's Land Use Attorney and the Engineering Firm hired by the Advisory Plan Commission to prepare a scope of work for the Building Commissioner and the Building Commission. (It was noted that this Motion supersedes the previous action by the Commission which requested the Building Commissioner to prepare same.)
Procedures. It was noted that matters such as plumbing inspections and the initiation of a sprinkler system ordinance, can be reviewed by the engineering firm hired by the Advisory Plan Commission. It was noted that the list of procedural issues as outlined in the memo from Pete Byvoets were discussed and on MOTION made, seconded and approved:
MOTION to allow the Advisory Plan Commission to allow the engineering firm to review and advise as to procedures regarding:
1. Regular open meetings of the building commission and review process
2. A defined schedule fro review and issuance of permits; major permits require X weeks.