HomeMy WebLinkAbout06-22-92 Residential Neighborhoods RESIDENTIAL NEIGHBORHOODS COMMITTEE
The June 22, 1992 meeting of the Residential Neighborhoods Committee was called to
order by its Chairperson Council Member Loretta Duda at 4:45 p.m. in the Council
Informal Meeting room.
Persons in attendance included Council Members: Duda, Kelly, Zakrzewski, Ladewski,
Washington, Puzzello, Coleman, and Luecke, Mary Mueller, Don Fozo, Don O'Blenis,
concerned contractors,and Kathleen Cekanski-Farrand.
Council Member Duda noted that the purpose of the meeting was to review Bill No. 41-92
which would amend Ord.No. 8228-91 relating to the registration of building contractors.
Mr. Don Fozo highlighted the bill. He noted that new home permits are up 48.6% over
1991. To date there have been ninety-seven (97) BZA filings, with approximately forty-
five hundred (4,500) permits issued to date. He noted that there has been no permanent
location for the office since the consolidation of the City and County Building Departments.
As a result they are operating out of the seventh (7th) floor with with nineteen (19)
employees using four (4) telephone lines and having no computer system available. The
only computer is the one used by the BZA. He noted that as of March 1 the new fee
ordinance went into effect.
Mr. Fozo noted that he is discussing the possibility of having the County-wide ordinance
addressing this topic. He has a meeting set for tomorrow and his further meetings set with
bonding companies and other organizations. He believes that bonding may be an important
part of the overall procedure.
Mary Mueller of the City Attorney's office stated that the delay of implementation to
November 1 would not delay the licensing aspect of the ordinance. She stressed that if the
extension would be permitted that implementation would take affect on November 1
whether there is a permanent location for the building department or not.
The business manager of Building and Fitters Union raised concerns over what he
perceived as a lack of enforcement of unlicensed persons. He stated that state law provides
that a consumer does not have to pay the bill if the work is done by a person not licensed
by the state. Mr. Fozo stated that the City does not check for Journeyman cards since he
only has two (2)inspectors for the entire County.
Mr. Don O'Blenis, the business agent for the Roofers Union voiced concern over losing
another construction season by such an extension.
Council Member Coleman stated that the building department is working in good faith. He
noted that Mr. Fozo is a man of his word and is committed to his work and there fore he
would be supportive of the proposed bill.
Council Member Puzzello questioned whether such a bill would be difficult to implement in
the mid-construction season. Mr. Fozo noted that it would be and further noted that he
began officially in this capacity on January 1, 1992 having been on a contractual for three
(3) previous months. Council Member Puzzello also voiced concern over the lack of
computer for this operation.
Mr. Fozo noted that under the current working conditions his department is having
difficulty tracking drawings and papers. Council Member Ladewski stressed the need for
space and that it should be seriously followed-up by the City.
Residential Neighborhoods Committee
June 22, 1992
Page 2
Council President Luecke noted that the computers and telephones would not be installed
on a permanent basis until the space issue was resolved.
Council Member Kelly stated that he would be supportive of a bill but expects it to be in
place by November 1, 1992.
Council Member Duda questioned why it could not be implemented now. Mr. Fozo noted
that several other ordinances in light of the consolidation of the County and City
Departments have taken priority and are now completed. Mary Mueller also noted that the
relocation has been a real ongoing issue. In response to a question by Council Member
Duda it was noted that the possibility of a County-wide Ordinance was "iffy" at best. She
noted that she believes that it should be County-wide including Mishawaka. She
questioned why the Council was not informed earlier. Mr. Fozo stated that he noted that
problems were being experienced as early as February, however felt that that was too soon
to ask the Council for an extension. Since he had only been on the job one month.
Council Member Duda noted that bonding was part of the original bill which was opposed
by the City Administration. She stated that bonding should be an important element since it
helps protect the public. She stated that her frustration is not with Mr. Fozo but, rather
with the City Administration for failing to put a higher priority on the implementation of the
registration of building contractors. She inquired whether a thirty (30) day extension
would be helpful and was advised that it would not be. She asked the Council Members to
have the courage to say no and stated that she would be voting against the proposed bill.
Council Member Kelly stated that he believes that Mr. Fozo was caught in the middle and
inquired whether Mr. Fozo would be willing to give periodic updates on a monthly basis.
Mr.Fozo stated that he would.
Council President Luecke stated that he does not want to see the Building Department in
violation of the ordinance. He stated that he believes that it is a bad time of the season to
put the registration in place and believes that this is a reasonable request for an extension.
He stated that the City Council should identify monies in the budget for the move and move
ahead. Council Member Washington questioned whether the failure to implement the
ordinance would cause any legal liability to the City at this time. The Council Attorney
noted that it would not since it would involve the City Attorney's Office bringing action
against the Building Department. She noted that it was a policy question rather than a legal
question at this time.
The Committee continued to discuss and question the proposed Substitute Bill No. 41-92
with a motion being made in favor of the extension failing to receive a majority with
Council member Coleman and Council Member Kelly in favor of the extension, Council
Member Duda voting against the extension, and Council Member Zakrzewski abstaining,
the Bill was sent to full Council without recommendation.
Residential Neighborhoods Committee
June 22, 1992
Page 3
There being no further business to come before the Committee the meeting was adjourned
at 5:30 p.m.
Respectfully submitted,
Council Member Loretta Duda,Chairperson
Residential Neighborhoods Committee
att.