Building department, county commissioners question who will pay for removing building

The collapsed building in Monterey became the topic of discussion during a regular commissioners’ meeting on Monday.

The building that is a portion of The Sportsman’s Bar and Grill collapsed on April 23. Since then emergency measures have been taken to secure the area. The Town of Monterey and the county must now follow state statute regarding the removal of the building.

During the commissioners’ meeting, building inspector assistant David Webber and county attorney Kevin Tankersley gave an update on the issue.

Tankersley said there has been discussion as to who the enforcement authority is and who absorbs the costs. He said the town is right in regards to the building inspector being the enforcement authority. The enforcement authority has the power to eliminate the “immediate threat” which costs about $4,000.

The building department has also issued an order telling the landowner what he or she must do in 30 days regarding the debris.

“It is going to be significant costs to clean up that site, all of which should fall to the landowner eventually, but the landowner has already expressed an inability to pay certain things,” Tankersley said. “Foresight would tell us that we may be in a situation of who is going to pay the bill? So that is the current debate.”

A resolution was established with the Town of Monterey naming the building inspector as the enforcement authority but it was not defined as to who would pay the bill of removing the building.

Because an order was issued it appears that the county is the hearing authority, although that was questioned on May 7 during a special meeting with the Monterey Town Council. During that meeting, building inspector Dave Dare Sr. said there was a joint resolution between Monterey and the county that dictates the commissioners as the hearing authority. Town officials and the town attorney Crystal Sanders were not aware of the joint resolution. Dare also said that he and the commissioners decided that they would fund the removal of the debris and the inspector on-site.

The county has already committed to an asbestos inspection that was completed April 29.

“There has to be some meeting and discuss with the Town of Monterey counsel Crystal Sanders to see if we can’t come to some resolution as to a proper apportionment of costs, so the county taxpayers aren’t flipping the entire bill,” Tankersley said. “Mostly we want to pursue the landowner because it is their responsibility.”

Under the law a lien can be put on the property to recoup the costs. If the county cleans up the debris then the county will be responsible for the costs.

A public hearing has been set for June 1 in regards to the order.

Webber also gave updates on two properties that have received orders to fix a building and clean up property.

President Larry Brady was absent from the meeting.

In other business:

• Highway department superintendent Terry Ruff presented five operation reports from 2014 to the commissioners. The reports were signed and approved.

• Ruff also made a request for someone from the highway department to attend training regarding bridges. He also made a request for someone to attend a computer skills class. The requests were approved.

• Ruff presented the commissioners with a request from CenturyLink to bore under CR 50 E. at 2320 S. It was approved.

• Ruff said the department is currently working on patching the roads, spreading gravel and finishing the spraying of dust oil. He said they are also preparing the mowers for the beginning of mowing season.

• Commissioner Bud Krohn made a motion for the county council to reconsider giving a part-time employee better pay. According to Krohn, there was only one person on the council who opposed the request. Ruff said their other option is to hire the employee full time for about four months. He would then be dismissed but they “don’t want to scar his reputation.” Auditor Shelia Garling was concerned that there might not be enough money in the budget. She said the two could review the numbers to ensure that the department does not lose money for a full-time status. The motion was tabled.

• Ruff also said the fair board contacted him and asked whether some county equipment could be used during the fair. Young said the county can help the fair as it has in the past.

• EMS director Nikki Lowry presented the idea of installing a keypad at the stations instead of using keys because of the number of employee turnovers. She would like to get the software so they can change it. There is a need for two keypads — one at the Francesville station and one for the Winamac station. “With these keypads everybody would be assigned a number,” Lowry said. “We can see who comes in and who goes out.” The keypads would be installed on the garage doors. She presented three different prices. Tankersley said he was under the impression that when the county upgrades the time and attendance software that keypads were included for all government buildings. Young said he would like to see what happens with the upgrading of the time and attendance system.

• Emergency Management Agency Director Larry Hoover said the main reason he attended the meeting was because he read in the paper that they wanted him to start giving reports in regards to the training and the meetings he has attended. Hoover said he recently attended training that will help emergency responders access their training. “That will then help us tell the state what we need training-wise,” Hoover said. “Once we get this done, it will help not only my department, but all the county departments with grant funding because basically if we follow that it will tell us what our equipment needs, what our training needs are.” Hoover said he would start emailing them about the training and seminars.

• Pulaski County Community Development Commission Executive Director Nathan Origer talked with the commissioners about several issues. Origer said Sheila Hazemi Jimenez returned the $20,000 she was recently given as part of a revolving loan fund for a restaurant. “For now she said it was in everyone’s best interest that she backed out before she got in too deep,” Origer said. Commissioners said they appreciated her decision.

• In regards to the revolving loan fund, Origer requested permission for CDC to contract with the Regional Development Company that will handle the financial administration aspect of the loan fund. Origer said the company will review the application and they will be able to run a credit report. The company will rate the application with a financial score. Origer said the costs of utilizing the company will be covered in the application fee. Tankersley said he is a big fan of using an outside company to handle the financial administration. The request to contract with Regional Development Company was approved.

• Origer said the Hometown Collaboration survey has been analyzed and a community forum was held. Because of the feedback the committee chose to go with the quality of life - placemaking building block. He said more details will be hashed out beginning in August.

• Recycling/transfer station manager Brad Bonnell presented a recycling/transfer report to the commissioners. He said cardboard prices are “maintaining steady,” and the transfer station is “pretty basic a normal month.” He informed commissioners that he is looking to purchase a new recycling trailer that can be used at the state park. It will cost about $8,000 and is in good condition. He could use some funding from the solid waste district and from the equipment fund. He also picked up 250 recycling totes from the solid waste district to use in the pilot rural recycling program that he plans to start soon.

• Sheriff Jeff Richwine wanted to make the commissioners aware of some issues that are being worked on. He said the department has started to look at cost estimates to replace the dispatch consoles. He said there is also a plan being established with EMA to replace all emergency responders radios.

• Several conference requests were made from different departments including the Pulaski County Community Development Commission, the auditor’s office, the clerk’s office, the sheriff’s department, the assessor’s office and EMA. All the requests were approved.

• The annual Congressional School Fund report was approved. There is a $25,000 CD. The report was approved.

• Commissioners received the permit application plans and specifications for Medaryville waste stabilization from the Town of Medaryville.

• A recommendation for Brady to sign the amendment to the Hoosier START agreement was approved.

• A request for CenturyLink to change an address at the airport was approved.

• Minutes from the May 4 commissioners’ meeting and May 4 joint session was approved.

• Payroll and claims were approved.

Pulaski County Journal

114 W. Main Street
Winamac, IN 46996

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