Board of Public Works and Safety and Common Council - Regular Meeting

There she is.

We'll try it again.

Okay.

I'd like to call to order the July 13th, 2026 Board of Public Works and Safety meeting. Roll call, please.

Cole.

Here.

Ecker. Here. Milner. Yes. Fara.

Here.

Lester-Murder.

Here. Very good. Thank you. I'll entertain a motion to approve our minutes from our June 22nd. I move to approve the minutes. Second. Okay, we have a motion and a second. Any further discussion? Hearing none, all in favor will say aye. Aye. Those opposed, nay. Thank you. Coming into the updates here from our department heads. Donnie, anything to say? I have nothing. Thank you, Your Honor.

Dan?

Oh, yeah, there you are. Yeah, you

Good evening. I hope everybody had a good weekend and is energetic for the week ahead. Tonight, in your packets, I put in a contract for professional engineering services for the Oak Road sidewalk project. And I have Katie Riker, if I said that right, from USI Consultants to answer any questions that you might have. But this contract would be for approximately $841,000. 20% of that would be our responsibility and 80% would be INDOT's responsibility. After we get this finalized, then INDOT will be submitting a contract with us for their portion. Okay, you want to say? Sure. Missed anything?

That pretty much sums it up. Thanks, Stan. This was applied for through the federal aid process in the fall.

You guys were awarded funding and making great- Katie, could you give your name and address, please?

Katie Riker, 8415 East 56th Street, Indianapolis.

Thank you.

USI Consultants. Yes, as Dan mentioned, this is the Oak Drive engineering agreement funded at 8020 through NDOT, went through the RFP process earlier this spring. The entire project is funded at 8020. Construction is currently anticipated to be in fiscal year 2031. Happy to answer any questions you might have.

And this is from Jefferson Street to 30? Yes. Lake Avenue.

All the way from Washington School intersection. Yeah.

All the way to 30. Okay.

Thank you.

So at this point in time, and things might change, but it's anticipated that it will be on the east side of the road from Lake Avenue to Jefferson Street. And then it'll be on both sides of the road from Jefferson all the way to US 30.

Is there a reason why we're doing both sides of the roadway? Out of curiosity.

Why? Um, mostly to connect and to connect both sides. make a path along both sides so people don't have to cross as often. And also because we're trying to mitigate the biking, taking turns that would be dangerous. So it's advantages to keep them on either side of the street. Especially like at Pitco and Oak. And to safely do that, the best way would be to have them on both sides of the street, going the proper way with traffic. I'm not saying you can't do that. I mean, you could put them on one side, but then that invites crossing at the wrong times and the wrong locations. It's a pretty busy thoroughfare and it's high speed, so.

Yeah, am I correct? At this point, what we have are feasibility and preliminary designs. The purpose of this contract with USI is to do the actual design engineering. So those are questions that can be addressed through that process if we determine that if there's a reason to do something different from what's been proposed so far, USI would be helping us in that process.

Thank you, Jeff. So this is the engineering portion. So little project costumes.

Is there any type of design out there as a preliminary design?

A study was done by a different engineering firm Dan worked with prior to applying for the project. So we were involved at that point. But we put together a project approach as a part of our submittal to be selected for the project. Generally, what happens next once we're under contract is there is quite a lag between when NDOT then provides notice to proceed to start on the project. We would then do a kickoff meeting with The city to make sure that we're ready to go and then survey would be the very 1st thing that happens on the project. Once you have survey limits and good survey data data is when we really start to get the right information that's needed to really nail down. What can actually happen on the project?

Uh, 1, I guess 2 questions, but the 1st, 1 is, is this strictly pedestrian? Does it have anything to do with the flow of traffic? And the lanes of traffic. at this time also?

Yes, it would be possibly, well, the goal is to, from Pitco to Jeff, to Pitco to US 30, we would have bike lanes on the road. In order to do that, we would have to go from a four lane two lanes in both directions to a single lane with a middle turn lane. And that would alleviate a couple things. One, it would alleviate the jockeying for position on the road, which invites speed. I think it's a good idea.

I like that. My other one is I assume contract got your stamp of approval.

Yes. Okay. Dan reviewed it meticulously. And by the time I even had a chance to look at it, he had already worked out some details with USI and everything.

But, Dwayne, if you want to look at, the Troyer group actually did the original. So you've got an idea of what they're talking about. If you want to see that, can we email that to them? The Troyer's... Yeah, we have that.

Dan actually... True. Revised that and came up with the more detailed design that was used for the grant application. And we have all that. If you have any time, you want to look at it. Okay.

I'm not, I just don't know what I'm saying yet too, but as far as I'm not a problem with that at all. I'm going to vote yes, so it's good news. I just want to know what I'm voting yes to. Thank you.

Anything else? I'll make a motion.

We approve the consulting agreement. That's our packet. Okay, we have a motion and a second. Any further discussion? Roll call vote, please.

Oh, yes. Yes. Yes. Yes. Yes.

Yes.

Thank you.

Okay. Thank you. Thank you. I don't have anything else unless there's any questions. Thank you. Thanks.

Okay.

Dennis. One thing on the agenda has been removed. But I do have demolition orders that I would like approved. I don't know if Abraham is online.

Yes, I am.

Okay. I'm looking for approval for demolition of lot 108, lot 136, lot 157, or sorry, 158, 163, and lot 221. And Abraham has actually applied and purchased the demolition permit for lot 158 already. So I guess technically we don't have that hearing on that one.

May I speak? Yes. Hello, this is Abraham Anderson. Yeah, we have no problem with that one. We would like to request a continuance. We're in the process of obtaining local council for this, for the other ones.

I don't think we do that. We're sticking to it.

As a board, it's your decision whether to continue this to your next meeting to get the requested time or to proceed with the hearing now, hear the evidence from Dennis and make it so that's up to you.

I need to hear more on the actual... Abraham, you're talking about a continuance on four of the five. You're already going to move forward on the fifth one. Is that correct? Yes, that is correct. And people are talking out of their ears. Okay. So, and so what's our timeframe on when was this started?

Lot 108, 136, Lot 163, and Lot 221. He actually received the demolition order and signed for it on July 1st, or somebody in his office at his address did. He was aware of it.

I guess I have a question for Abraham. Yes. Are you thinking that these properties are not unsafe and need to be maintained as is?

Yes, that is correct. And in the meantime, I have no problem with, like we've done some other ones, like securing them, like with weatherproof boards in the meantime, like I have no problem with that. We can get that done in a couple of days. And like I mentioned, like we were wanting to, uh,

ask for continuance to attend local council because i believe like these other four can be um safely repaired um and that that's that's the reason for the request i would disagree with that because out of those four only lot 163 would fall under the manufacturer housing rules the rest of them are old enough that if you try to repair them you would have to follow the current Indiana residential code. And I don't see how you're gonna feasibly be able to repair them, meet all the energy standards and current building codes.

So one more time on the lots I think I'm missing one. So which four are we talking about again?

He's asking for an extension on lot 108, 136, 163, and 221. Right.

It doesn't have to be long. I'm not sure how often these are held. Even if it's two weeks, I think that would be sufficient.

So you're considering seeking counsel. Who's going to evaluate the structures in question, do you have someone already in mind?

We have an employee that lives in the property, but as far as who's going to evaluate them, like the third party, I'm not sure at the moment, but that's something that within the next two weeks we would be able to identify.

Abraham, when's the last time you put your eyes on these units, you personally?

Um, it was, I believe towards the end of last year. I don't think that the condition of them has really changed since then, but, um, I have seen photos of them, like as far as put that not in person, but I've seen photos of these within the last week.

Good. So just as a procedural matter, some of the questions are getting into the actual evidence that you would use to make your determination. The real question right now is whether you want to hear evidence tonight or whether you want to allow time for Abraham to obtain counsel and prepare any evidence he might want to present tonight.

One other thing if I could say, we have demoed half a dozen homes at least. And if I didn't think these could be saved, I wouldn't just be trying to get a continuance. And if we get another evaluation and determine they can't be, then we would agree to demolish them like we're doing with the other ones. So I would appreciate if you all would give me some time to be able to properly do that.

Two weeks. I'm reluctant to grant the request because we've been having continuous issues. But I'll make a motion to grant continuance for two weeks.

Any other motions? Would anybody like to second that?

Second.

Okay, we have a motion and a second. I'll just say this before we vote. Abraham, when you began this year and a half ago, these projects, you were like coming to the table, you were doing everything you were going to say, but then you've kind of fallen off that agenda and that timeframe. And that's disappointing. And I trusted in that you were going to do these things and you were, you were, you know, you were here many times. I think that was two years ago now.

I believe it's just been a year.

Okay. So we just need to see you moving forward and communicating with us. There was a time not long ago, where we had some issues and we could not get ahold of you. And it's frustrating on our part, so.

And I apologize. I was not, like, there has been issues that have come up. And as far as I was aware, other than this last round with these homes here, I was under the impression everything else has already been resolved. Like we did the paving, tree work. All the water leaks were fixed. We installed meters. So I apologize if there's been a lack of communication. I wasn't aware of anything else. And if there is anything else that you have that I'm missing here, we want to get everything resolved. But I thought we had done that.

Well, you did not do paving. You filled potholes up.

Yeah, the roads. I agree with that. And the electrical work's not been, at least last I heard, was not.

I would like to add something here, too. I also recall... Abraham saying that he was going to bring, uh, either new homes or. Renovated new homes to the property and they haven't seen them. Yeah, I personally. Don't think we should kick the can down the road and he won't hurt. Uh, so I'm going to vote against the motion.

Okay, well, um. Um, okay, so, um, I said my 2 cents, um. And we have a motion. This is a reluctant motion. A reluctant motion and a reluctant second, probably. Any more discussion? Okay, roll call vote, please.

Call. Yes. This is to continue, right? Yes. Yes. No. No. No. Okay.

So the motion for the continuance failed, so we should proceed with the hearing and have Dennis present the evidence for his proposal.

We have to open a hearing?

No, it's not a public hearing. It's an evidentiary hearing. Lot 108 is a 1969 unit, which means that If he was to renovate it, it would have to meet all the current residential codes. It does not fall under the manufacturing housing laws. This is actually, even though I'm slating it for demolition, it is one of the better of the remaining demolition orders.

There's

Rotter floor joist underneath it. There's windows that are rotting out, structural membranes rotting out. Actually, after I did this inspection, I believe This was one of them that I actually went out there that day, looked at everything, and then the fire department got called out there because they had a gas leak at this unit. Nobody's living in the unit. You guys have seen the photos of it. There's utility sheds and makeshift addition, I believe, that the roof has caved in. So I'm asking for this to be done without.

Are we voting on an individual? Are we going to rule on all or one?

I recommend that you take action on each one individually. You can hear evidence on all of them before you take action if you choose.

Let's do one at a time.

Okay.

And then we'll vote. So what one was that one? One in white.

Okay, yeah.

So entertain a motion, take action on lot 108.

Just as a reminder, you guys should be getting pretty used to these by now. Thanks, Dennis. You have the option to affirm the order to take action, which is an order requiring the owner to demolish or remove all structures located at the above-mentioned address to bring the property in compliance with standards for use by statute or ordinance. You can vote to affirm that order. You can vote to rescind the order, or you can modify the order, but you cannot make it more severe than what it currently is.

Okay. Motion. Make a motion to affirm lot 108. I have a motion.

Second.

And a second. Any further discussion? We'll call vote, please.

Call it. Yes. Yes. Yes. Yes.

Yes.

Next. Lot 136. I believe this unit has been vacant for a while. After getting entry, the ceiling inside of it is the entire ceiling is starting to cave in in multiple areas. They apparently patched it using duct tape. There's been some of the original windows are leaking. Now the structural member are rotted out. The sewer lines is not even connected. There was another makeshift porch addition that is just loaded full of old tires, debris, everything else.

Go ahead. I'll make a motion to affirm the order. Second. Motion and second. Any further discussion?

Before you vote, I should note, I don't know if Abraham has anything else to add, but you should also give him an opportunity to add any comments or response after. Sorry about that.

Abraham, did you have anything for a lot? Was it 108? We already did.

No, not, not. That was part of the reason for wanting a continuance. This isn't an excuse, but I had a child born four days ago, and it's been kind of hectic. But, no, I don't have anything, comments.

Okay. And nothing on, we're now talking about 158. Right, 36. 136. Anything on that, Abraham?

No.

Okay. I've got a motion and a second. Any other discussion? Roll call vote, please.

Call.

Yes.

Anchor. Yes. Melner. Yes. Morrow. Yes. Westenberg.

Yes.

Next. Like I said, 158. He's agreed to demo that. I've already pulled the permit. Lot 163. This unit. Get my photos. Hold on. This unit is actually a 1985 unit. This is the only one that he could... potentially remodel to current manufactured housing code. The photos submitted shows that apparently there's multiple holes in the floor. I'm assuming that past resident taped visqueen plastic material on all the exterior walls to eliminate the draft coming through because the windows do not seal properly. It's just, there's rotted floor joists in this one also. It has another makeshift porch addition that is rotting out.

It's insulated. Yeah.

and other accessory structures that are full of trash. There's actually a mattress underneath it, assuming somebody was sleeping on underneath the unit.

Hey, Randall, would you like to add anything on this one?

Just as Dennis had mentioned, the age of this one, this one, if I recall, I reviewed photos of all these about a week ago. This one would not be very difficult to rehab. I'm certain this one could be rehabbed pretty easily. I mean, it would cost money, but it's not complicated. As you said, it's holes, and it's removing the addition that the tenant added. So, I mean, this one more than any of the other ones, I really believe and know it could be saved, and I would be fine with proceeding to repair it in short order. That's all I have to say. Good question.

You're willing to fix the roof on this one also?

Yes.

163. You had the right one. 163, right, Dennis? 163. I don't. You just looked through the pictures. Yeah, I don't. I looked at those earlier and I thought, oh, wait. I don't see it. I think there's way too much to be done to even come close to get this within specifications or whatever.

This one would have to fall under the manufacturer housing codes.

It would have to be brought up to the codes.

It would have to be brought up to the codes. If he replaces any kind of structural membrane, it means he would have to have an engineer basically supply the documentation showing that it meets all the housing codes of a manufactured home.

I'm going to make a motion to affirm the request. Okay. Motion in a second.

Abraham, anything else?

No.

Okay. Roll call vote, please.

Call.

Yes.

Yes. Yes. Melner. Yes. Morrow. Yes. Listover.

Yes. Last one I have is lock 221. This one is actually a 1971 model. As you can see in the photos, it has another makeshift porch added onto it. And it was actually manufactured with, I guess, a kick out. That was actually a manufactured portion of this. Unfortunately, that entire thing is actually starting to separate from the main unit. Somebody actually went through and tried spray foaming to seal it off. This is the one that I believe somebody went through and tried to make it look presentable. Obviously holes missing in the floor.

These are all vacant right now.

These are all vacant right now, correct. And like I said, it looks as if somebody went in and tried to make it look presentable, put vinyl plank flooring down, painted the walls. Unfortunately, some of the areas when they put the vinyl plank flooring, they put it right over the rugged floor. So as you walk through it, the floor actually starts to collapse underneath you. They replaced the hot water heater and put in a new hot water heater at one point. It's unaccessible and they upgraded the electric meter and it's inside of a closet that is unaccessible.

Abraham, you want to add anything?

No.

Okay.

Yeah, I don't. I'll make another motion to affirm 221. Motion second. Any further discussion?

Roll call vote, please.

Call.

Yes.

Eckerd.

Yes.

Melner. Yes. Morrow. Yes. Lichtenberger.

Yes. That's all of them. So my question is, if he doesn't, does he still have the opportunity to demo? Yes. If he doesn't do that, then we would do it.

It, it depends. Um, so. At this point, and Abraham, this is mostly for your information as well. Um. Dennis will issue an official notice of the results of the hearing tonight. And you have 10 days from today's action to request review by the Circuit or Superior Court. I'm sure if you've spoken with attorneys already, you have some familiarity with the process. But if you do feel that the decisions were in error tonight, you can appeal this to the court. If action is not taken by the time given, then... the city will have the option to enforce the order. We would probably have to go to court to get an order allowing the city to take action for the demolition at our cost, but we're hopeful that the property owner will comply. Perfect.

Very good. Thank you.

The only other thing that I have, which was not part of your original agenda, is I had a complaint filed to me or 1014 West Madison Street. I did an inspection and I issued a vacate order. With vacate orders, they have a right to come before you. So I believe the property owner is here and if she has anything to say, she can.

So that's it. Mm-hmm. So if you'd like to come up and give us your name and address, please.

Peggy Jean Thornburg-Avair. I live at 1014 West Madison Street. I just want to say that I've been there for over 30 years, actually probably over 40. I was married and divorced in that house. So I'm single in the house. But I have papers here. They entered my home illegally, according to the papers that I have right here in front of me. I was assaulted by the Marshall County Police Department, which the dates on these papers verify that illegal entry into my home, in which they took pictures also. My home. is not in the best of shape. And I was living with my daughter and just went back into it so that I could fix it up or decide to tear it down. And they came and they never gave me any notification whatsoever of anything that needed to be fixed. And If you want to see the dates on here are July 9th and 10th. The assault is an arrest paper says July 7th and 26th. And the warrant is dated July 9th. I have a letter that my daughter helped me. Notice of intent of challenge of the demolition and request to cease further enforcement from the law enforcement, from bullying, intimidation, and the brutalness that they caused against me, which can be seen on their cameras of their vest.

I'm writing formally to- So you filed suit against- I'm going to. So what is that you're showing?

I'm saying that the police entered my home illegally, and I have proof and evidence right here that because of the dates of everything that they did.

Yes, the county.

The city police.

City police.

Okay, thank you. And I came back into the house so that I'm 69 and a half, and it's my retirement money. And I know the condition of the house isn't the best. I have OSB to fix the roof, which it's in the shape that it is because the city of Plymouth has given me a lot of trouble in the past.

Are you currently living there or did you say you're at your daughter's now?

I've been staying there, yes.

Because you're back in it.

Yes, I've been staying there about a month. And that's the only place I have the help. And I want to fix it up. And I want to sell it. And it is fixable. It's in solid structure.

Well, this is a vacate request, not a demolition.

This is not a demolition.

This is not a demolition.

I've got a complaint to me on Friday. The complaint was that She was living in there without water, gas, or electric. And I went there on July 9, presented her with papers, asked if I could do an inspection on the property. She told us to leave, so we left. I went and got an inspection warrant, went back on July 10, and we proceeded with the inspection. Proceeded with all this because after speaking with her utility clerks, the water has been shut off for over a year. She does, the original complaint was not percent because she does have gas to the structure. It's shut off at the water heater and furnace. And she does have electric. Which, as you can see from the photos, does pose... Safety issues.

Those photos were illegally taken.

It's in the warrant, ma'am.

No, the warrant is on the table.

You have probable cause and evidence.

If you want to speak, you can come up.

Sorry.

Give us your name, please.

Sorry, my name is G. Eddington. I live in Rochester.

Did you catch that?

I did.

A name?

Your last name?

Eddington.

Eddington? Yes. And the address?

I live in Rochester. I'm not from... That's fine.

We need your address, though.

It's 426 East 18th Street, Rochester.

Thank you.

But I just wanted to say that you have to have proof before obtaining the warrant. You have to prove that you were able to get pictures from within the home of all the damages that were in there that would conclude in giving you that warrant to obtain that warrant. So where she was never given any proof when asked...

To present evidence of pitchers.

But that is not, that was not evidence. She had called and had the water shut off because, as she mentioned, she was not living there at the time. For a while, she has not been living there. And she was actually staying with my sister. And so the fact is that she had the water shut off to the house. She does have the ability to have the water turned back on. However, she has not had the water on because she has not lived there. She just told you that she spent a month there, but she's kind of back and forth between my sister and myself. I mean, she's always willing to stay at my house, but she always has a place to go. So needless to say, the fact that she wanted to do the renovation, she has proof here of, like she said, she has the cost of materials right here already paid for.

Don't worry about your safety. Could she stay with your daughters?

Absolutely. She can stay at my house at any given time.

If you get a contractor involved and all that, then you can do the work on the... Am I right? You can do the work on... the structure while you're living somewhere else. What's your name, please?

My name is Steven Christopher. Okay. My address is 1, 2, 1, 2, 9. Okay. What I'm hearing right now from my mom and my sister is all he had was called circumstantial evidence, which means he didn't have physical evidence. And all he did was go in with circumstantial evidence trying to obtain pictures that you guys have in front of you right now.

So let me explain some more procedural items. What I'm hearing are all challenges to the probable cause of the warrant. The warrant was approved by, I believe it was Judge Aldridge. Correct. Superior Court Number 2.

On what basis, though?

Well, the point is that the Board of Public Works and Safety is not in a position to make a determination on the probable cause of the warrant. That's the judge in Superior Court 2. If you want to challenge the sufficiency of the warrant, it has to be done through the court.

I'm not trying to challenge the sufficiency. Showed the council here is how their bill went to my house trying to obtain a warrant, which was just through strictly circumstantial evidence, which is hearsay, which means he could have been walking into a house.

That was fully referred, which, which you can make that argument, but you have to make it to the court because the judge felt that he did have sufficient information to justify the warrant. That's why the judge signed it. Um,

They obtained that information that they gave the judge illegally. Okay.

Then that needs to be challenged through the court. What's being presented to the board tonight is an order to vacate, which basically means that in the current condition of the property, you should not live there. The board has to determine whether they agree with that or not.

If I'm not staying there, I cannot fix the property properly.

Well, that's... The board just is making a determination. I'm not behind on my property taxes. That order.

The taxes have been paid on it.

Okay. Well, that's information for the board to consider making their determination.

So, so it's just as what we've said here, it was all just information for you guys to know the standing of where we stand in the situation and in the fight, the battle that we're actually facing here. And I mean,

Now, I did go through the time and process to educate myself on the rules and regulations of the health department and code enforcement. And it says that they are to issue warnings of pending fines or fees that could happen. But he resorted strictly to bringing the police officers straight to my mom's house. My mom was arrested because obviously the day before she got him at her door telling her that he didn't come in. and everything. So immediately from the very get-go, he was already involving law enforcement. He was not trying to handle it as a proper code enforcer would. So I'm just...

He handled it as intimidation, bullying.

I'm just trying to state the fact that he did not do the due process of which every last one of you guys is all owed, and every single one of these people out here is owed as well, and everybody else that lives in Plymouth and the surrounding area. especially if it's him that's going to check on their house. Because at the end of the day, that makes me judge his character on how he's going to establish what he wants to find and wants you to see. That's what I'm trying to push. That's what you're looking at.

What he wants you to see.

Because I know this is a council meeting for the safety of the city of Portland. And I don't know about you. But that kind of sounds like intimidation. It doesn't sound like very safe, especially if it was a first interaction with police officers. I understand. Tempers can fly. But we are all owed our due process.

I also want you to know that they showed up with four police cars and eight police vehicles. cops there. And there was just little old me. I'm 69 and a half years old. I'm going to be 70 in January. And like I said, it's my retirement money. And I thank the community and this gentleman for making my mind up that it's getting sold and I'm leaving Plymouth, Indiana.

So what I'm asking is about 16 to 90 days to allow us to do renovations on the property to show you guys that there is change happening on the property.

I actually have right here...

I have right here because from what I heard, he addressed earlier that it was the water department that got a hold of him, which in theory, when I was underneath there fixing... Well, that's... I'm not... That's what he said. That's... I am just making the statement that if It was the water department that was solely the one that got a hold of him. You guys should look into what that is. But I have receipts for what was done within the timeframe of why I know he was there. So if you guys want to see those, you're more than welcome to. That's just to show that I'm here to let you know that I will make things happen. And I'm just asking for 60 to 90 days. I'll make a comment.

We're not taking your property from you. And as far as 60 to 90 days, you'll receive that, but you just can't live there until the status of the home changes.

Well, my sister addressed you and said that she bounces around from my sister's house.

That's between you guys, but The order that the building commissioners put out is to vacate the property and ask for the safety of anybody that would enter the property, whether it's you or a guest or anybody else. You can go ahead and work on it, fix it up, sell it. We're not infringing on that whatsoever. So I just, I can't, from these pictures, I'm sorry, I can't in good conscience allow anybody to live there. It's just not, yeah.

It's because people broke in while I was out in the wintertime.

Yeah, so. We've experienced similar situations like this, unsafe conditions, and we've had to take similar actions. As Councilman Morrow has mentioned, this is not a demolition order. This is a vacate order to give you ample time to do what you need to do to get it into a salvageable situation. Because right now, it's not salvageable. I mean, in this condition, you have very little to go with, in my opinion, strictly my opinion. But this has to be Vacate it. It's got to be cleaned out. Then it's got to be structured, reconditioned. And so I'm with Councilman Morrow on this. And so I, too, will follow Councilman Morrow's.

I went and asked for pictures today and all the evidence that they had, and they refused to give it to me. Before the warrant was issued. Before the warrant was issued.

The probable cause to issue the warrant. What was the probable cause to issue the warrant?

Wait. It doesn't matter. I went and asked today for the evidence that you have.

By who? By a resident.

See, because she just went up to the county building up here and tried to get any information on why, and they refused to give her a public report is what she was trying to obtain. And they refused to give it to her. And instead, she was ordered to leave the city building today.

And they brought a police officer up to intimidate me.

So what I'm saying is if you didn't actually legitimately have probable cause.

I've already said it. A complaint was filed on July 8th.

Nobody entered the city building today and asked for those places.

I went to Superior Court too. Okay, well, regardless.

Okay, so the complaint was filed on July 8th. I checked with the city's utility department to verify if there was indeed water.

Because the next street owners that live on my street want to buy it for next to nothing. And I'm not selling it to them for next to nothing. And that's who did it.

But did they tell you that she was the one that had the water?

Okay, excuse me.

Thank you for sharing. He's mentioning back to the water department again, guys. Like I was saying, like I just said, I have the receipts to show you. If you guys want, I can actually explain to you why he was more than likely there from the water department, if you are actually interested in.

What we are going off of, if it's a safe or unsafe structure, and that's really what we get. We don't get into any other stuff.

Well, I understand that.

And that's what this board has to determine, whether it's safe or unsafe. We have to take into consideration, what if a first responder would call on your mom? You know what? And they got to go in there.

There's not a single person in this room right now that's not seeing my sister, not agreeing with you guys, with our mom. We don't want her to, 100%. But I'm going to tell you right now, The reason why he was there is because the valve coming from the main, from the road for the city's water is going faulty and it's leaking. Because when I was underneath the house, there was a consistent drip in the house. And you know what that does? That runs up the water meter. And since she has the water shut off, and it has been for a year, like he stayed it. Look at the grin on his face. I love that. Like you stated. So they thought I was stealing water. Or she was stealing water. No, I'm not. That is not even the case at all. I know. So that is. Again. Exactly how.

What we have to determine whether or not it's a safe. You're right. Regardless of the circumstances, how it came into light. It's, it's in our. How is the building inspector.

How is the building inspector appointed by city council or by both?

I appointed.

Okay. So I'm just bringing up to you. Okay, thank you for that.

Now I have this. We have to make a decision on it.

The issue of probable cause is not relevant to this board tonight. The only thing you are deciding, just like in the previous hearings, is whether to affirm the building commissioner's order, rescind the building commissioner's order, or modify the building commissioner's order. Again, the order, I don't have a copy in front of me, but the order is simply to vacate the premises because of the current conditions. It does not put any additional requirements and it is not a demolition order. It's not even in order to take action from my understanding.

It's not in order to take action. I was going to ask if they plan on staying there. I was actually going to ask the board to allow me to issue in order to take action of repair. The way it sounds, I'm willing to work with it and they're willing to repair it. That's fine. But in its current state, It's not safe to live in.

And so, again, your decision tonight is just based on the information you have, whether to affirm, rescind, or modify your tobacco.

What he's saying made me believe that I cannot even enter my house to work on it, to fix it up.

I was going to say to you, you're probably the one from what I'm hearing going to do the work.

I probably look like it.

So you can go in that building. this is tonight. So if you go in there and fix it up and work with him, he can resend that order and we're good to go. Thank you.

And as I stated on Friday, there are grant monies being that she is the owner and occupier of this property. She can apply for grant monies to help do the renovation to this. Yeah, there's 25 of that. And there are some other words to that.

Yeah, there's a through the county, there's a grant opportunity for up to $25,000. You should look into that for sure.

I would see some.

They did.

Yeah. I think it was like 250. They extended it.

Did they use everything that they.

They have a 50%, but it's. The application deadline.

They may open it up again, too, if they have extra money left in the grant. So look into it anyway.

There is other possible means. I told her she got released after being booked to contact me, and I would help her find those means. I'm just saying in this current state, it's not safe to live in.

And I believe that we can agree with that. Okay. Very good.

All right. I'll entertain a motion then. I'll make a motion to affirm the order to vacate 1014 West to Monroe Street. Second.

Motion and second. Any further discussion? Hearing none, roll call vote, please.

Call. Yes. Hacker. Yes. Milner. Yes. Barrow. Yes. Lichtenberger. Yes.

Yes.

That's it. Thank you. Thank you for your time.

That's all I have unless you have something else.

That's it. Too quick. Mike Collins?

I have nothing. Thank you. Bill?

Bill?

On July 2nd, the FAA announced and write down the number 1.776 billion. So 1776 in grants and Plymouth is receiving 172,464 of that. That's gonna go towards rehabilitation, widening and moving the lights that Randy just put in. That is mostly engineering that we received the money for. And what follows to that is once we get that grant, that means we'll get the grant for doing the actual work most likely next year. Good job.

Thank you. So, Tony, do you have anything this evening? I have nothing tonight, thank you. Kyle, anything? I'm good.

Yep.

So the first request from JLBS Construction, that one was rescinded. They sent an email saying that they were no longer seeking reimbursement. The next request is a sidewalk request from Marilyn King. On the evening of June 18th, 2026, while walking along Baker Street, turn of 1259 Baker Street, I tripped and fell from a section of sidewalk that was approximately one inch higher than the two new sections that were most recently put in. Apparently, the two newer sections were put in after utilities were placed underground. Regarding my concern about this portion of sidewalk, I did have conversations with Randy Long and our city council and Dan Sellers with the engineering department. From what I've been told, the quick fix for repairs was to spray paint the sidewalk section differently and that the sidewalk would be milled down sometime in the fall when the milling company gets around to it. As a city and community, I feel we can do better. This is where families and children choose to live, work, and play. And Maryland is in attendance.

You want to come up? You're welcome to come up, Marilyn, or Dennis.

Sure, yeah.

Dennis Long, 720 Ferndale Street here in Plymouth. The big issue that she has and we had at that time is she tried to call people in the city and basically got no response. Okay, got the fluff job, hey, this, that. We knew there was an issue. The sad part is she walks a city a ton. She can tell you pretty much every sidewalk on the east side of town because she walks three to four miles a night every day. This, you know, you know where the bad sidewalks are. You know what you're looking at. But when you're walking down a sidewalk and you see a brand-new section, you expect it probably matches the old, which isn't really that old out there. So obviously the contractor ran out of concrete when they got there, so they made the sidewalk lower. There's no doubt in my mind. You know, I have 15 years in public works. I know we used to have to go out and inspect every job to see it was right and was done right. So obviously we're sloughing as a city in what we should be doing, and this shouldn't be. And to get the answer, well, there's nothing I can do, No, we really can't go after them. It'll be fall before we can get it fixed is not a legitimate answer. And my concern, you know, yeah, she didn't get hurt badly, but she could have. And that's, you know, if she can fall, every kid can fall. Anybody that's walking down through there can fall. You're big on building sidewalks. You're making everybody put sidewalks in, but we're not even putting them in to code and making what they should have done. So frustration wise, she's frustrated because three weeks later, here we stand. Okay. That's the concern. Not trying to get any money, not trying to sue, but you know, come on guys, we got to do our jobs. And obviously somebody skipped a job someplace. And that needs to be addressed. Okay. Thank you. Thank you.

Right. I was contacted by Marilyn. By the way. You contacted my company phone, so please refer to the city site to get that. Actually, my opinion that it was probably put in, from what I can recall, I think it was during the wintertime, and I think it's settled. I don't think the contractor backfilled and compacted underneath there, or there was some frost, whatever, that caused this to sink. So I did go past this. I do see that it is painted, but I don't know that I... I don't know what we can go back on the contractor for if we can or not. Um,

We signed up on it.

Yeah, but I don't know if there's a warranty, like if there's a period that we can go back or not. Because I guess my thinking is, like, I don't know that it's the city's financial responsibility, but I know that you guys and where that falls on the burden, but I believe it to be a settlement from a poor installation of backfill. How long of a section is it? It's about probably two or three sections, I'm guessing. Two sections.

Yeah.

So I did a person contractor about repairing that portion of sidewalk. He has not got back with me yet. So I don't know what that's at. I will find out as soon as I possibly can.

Thank you. Can I ask who the contractor is?

This would be the same outfit that built the homes along Baker Street.

Yes, but this is the same contractor that we're having multiple issues in the subdivision that I live in. We're having some silt issues and other issues with the same contractor. So be advised. It's probably not over.

So they stub their work out, the other contractors. contractors and that's kind of the difficulty there.

Yeah, but ultimately they're responsible for the quality of the work. Yeah. Do you have anything to add?

Robert told me to sit down. Yeah. At the time that

They called for inspection. It was level. I agree with Randy. Most likely it was probably not backfilled properly. If they backfilled it at all, I think it was when the utility company poured the sidewalk out, they just put back whatever material was there. And when the contractor poured their walkway to the homes, they finished those. And after the winter, it settled.

Well, I was out there today. I took a look at it myself, too. And it is painted. But I don't know if that's not the fix. And I think somebody said that the company that does the shaving that we hire every year isn't coming till the fall. Well, that's going to be done on Friday, weather permitting. so it is going to get shaved. Should it be our cost? It's about $750. I don't know. I don't feel like it should. I think it's the contractor's, but we're going to get it shaved because we can't leave it like that.

All I can say is we'll try to do better next time. At this point, we could probably try to keep it up with some crowbars and stuff underneath it. That's probably not a very good fix at all.

What would the cost be just to just replace it and then deal with the company that said no.

Concrete's about $200 a yard right now.

For two sections?

Not just saying $200 a yard, but concrete is $200. What would that be? What would it be for $800?

Off the top of your head.

We can try to get some boss for fixing it.

I would like to see it, to be honest.

They need to compact it and backfill it correctly where you just go for two sections back in.

Let's get you to... This is... There's spots all over the place.

There's spots down there, which concerns me. That's not just one section. There are more than four houses there. Every one of those where they did a utility tie-in is the same situation, detention.

It's good, yeah.

As Dan said, this is an ongoing issue with this contract.

So the shaving company was scheduled... Well, they moved it up a little bit. They're going to be here on Friday, but I do want a little direction if you want me to spend the $750 on it or not. I think we should.

I think it has to get done right away. Yeah, make it safe.

Okay, so that's happening. We don't have to vote on it or anything. But I will say that we've got this... I've looked a lot into it. I talked to Marilyn this morning about this, too. But we've got... She could probably, like Danny was saying, tell us everywhere and please fill us in. But we do have this shaving company coming out, and this year's budget is $5,000. That doesn't get you much. And in the last four years or so, we had $5,000 one year, $6,000 another year. We spent $30,000 in 24 for some reason, which was interesting. And then back to $5,000 last year, $5,000 this year. It's probably not adequate in the budget to really put a dent. I mean, I think it has. If you look around our streets, you'll see the shaves. They've done a lot, but we got so many. We might have 50 plus miles of sidewalk. And so I'm going to ask that we consider upping that budget, perhaps buy the equipment for that type of work. and do it ourselves, it might be something, Randy, you can help me with. Maybe you know a little bit about that kind of equipment. And so...

I guess my only thing is, okay, so your sidewalk's three and a half to four inches, right? And if we shave an inch off, now we're down. You know what I mean? Every time we keep doing this. Right.

I mean... We've always...

Right. Where do you go, though? You know, that's the other thing. We just need to reevaluate our sidewalk's entirety again. I know we had this study a while back. we were evaluating each sidewalk i mean laporte street i tripped and fell myself um going to yolanda's from the event a few weeks ago uptown you know i mean of course yeah it's still active we've done some grinding there but there's still additional spots there i took a spill so michigan and jefferson one time so it's like maryland could probably probably more than me i mean i don't walk the sidewalks a lot but i know there's multiple locations but again My subdivision, they did the same thing. They milled some of those on some of the earlier houses that were developed. But again, if it heaves up an inch and you shave it down, now you're two and a half inches of sidewalk or two inches. And then just keep that. It won't take long to break that.

Well, for now, for this location, that's what's going to happen to it. And then we've got to have the discussion about other parts of the city as well. Yeah. But thank you for bringing that to us.

I would like to pursue the contractor also. And I don't know if that's something Dan does or Jeff does or, you know, he's got to know that we're not happy and our citizens aren't happy.

We can do that. You hear that, Dan?

Yep.

Let us know how we can help you with that. See. Okay. Very good. Anything else? I'm moving on. Really, we're number eight, approval of claims.

Motion to approve the claims that was in our packet. Second.

Okay, we have motion and second. Any further discussion? Hearing none, all in favor say aye. Aye. Those opposed, nay. Number nine, acceptance of communications. Aye.

I move to accept the communications that are in our packet.

I have a motion. Second. Second. Any further discussion? Hearing none, all in favor say aye. Aye. Those opposed, nay. Thank you. Thank you.

Okay.

Good evening. I'd like to call to order the July 13th, 2026 Common Council meeting. Councilwoman Starr, if you'd lead us in a prayer, please.

Please pray with me. Gracious and loving God, we thank you for the many, many ways you show us how much you love us. We have experienced wonderful things this past month. We've had births. We've had weddings, we've had miraculous healings. And we just thank you for being part of the wonderful things that hold us together and create in us the great community that we call home, Plymouth, Indiana. We thank you for your providence in the festivities that have been on and around us. And we thank you for our first responders and all that they do and we continue to ask that you protect them and keep them from harm and give them what they need to address any situation. We just ask that you would be with us as we convene this meeting. Give us wisdom and guidance and patience and forbearance of one another. And we ask that you continue to bless us as we work through the things that make this city great. And we ask for guidance for our leadership and for all of the world and our country as well. We thank you and we ask these things in your holy name. Amen.

Thank you. And in the Pledge of Allegiance, please. Pledge of Allegiance.

Here. Here.

Here. Here. Here. Thank you. Entertaining a motion to approve the minutes from our June 22 meeting, please.

So move that we approve the minutes. Second.

Motion second. Any further discussion?

Hearing none, all in favor will say aye. Aye. Those opposed, nay. Very good. Jumping right down to, unless anybody from the board wants to say anything. You got anything, Glenda?

I do. In fact, it's kind of a hangover from the last meeting. And I do feel that we do a pretty admirable job. But, you know, it's not perfect. It's not perfect. And I have one of those bumps in front of my house. Well, you do. And I know that I talked to whom I needed to talk to about it. But it's just, it's not so simple. And there's a lot that needs to be done. And I think that it shows that we do care. And I'm happy at the response of the previous meeting. And I just say, you know, we will do the best that we can. And sometimes it doesn't seem like that's enough. But That's what we can just say that we're just doing the best we can when we try to do better. That's all.

Okay. Anybody else? All right. Then we'll jump down into, uh, so the attorney, uh,

Yeah, so you have ordinance number 2026-2263, an ordinance amending the fee schedule for the Department of Aviation for the City of Plymouth. This is before you for second and third reading.

Make a motion to pass ordinance 2026-2263 on second reading. Second.

Okay, we have a motion and a second. Any further discussion? Roll call vote, please.

Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes.

Yes.

Thank you.

Thank you. You're up. City has received two donations, one in the amount of $1,000 from Beacon Health System to be used for the mayor's summer music, and one in the amount of $100 from Tammy Napier. or the Police K-9 Fund. Asking if you wish to accept the donations, they're restricted terms, conditions, and purpose attached to the donations. So moved. Second. Motion second.

Any further discussion? All in favor will say aye. Aye. Those opposed, nay. Good. This is going quick. Jeff, no Jeff's coming.

I mean, hey Jeff. I do not have a 1 March county update except that there is a board meeting this Wednesday and I should have more information for you. You next meeting.

Thank you. Anything that I can briefly. Okay.

Briefly. I heard that I had to give you a copy. Yeah. Excited to announce that we have made a couple additional completions within our comp plan. Action items so excited to see that progress going in the next coming weeks. We'll end up having. Our 3rd quarter meeting so excited to see and hear many of the great actions that are going across different committees. And then we're still working to go through and make final edits. Within the complaint amendment as well, but that's everything I have this evening. Thank you. Good question. Yes, sir.

You said that you. Got the brownfield grant back and you got the email.

We got it from. the individuals that completed the inspections. We've sent it down state. We're waiting for state's final determination. They've had it for about two weeks. Okay.

Thank you, sir. I was going to give an update on the public safety billing, wasn't I? I forgot about that. He said so last meeting you agreed to hire a owner's rep, Veritas. We've done that. We've had our first meeting with them today. Next steps are to, Veritas is going to work with StructurePoint, see where we're sitting on the current existing plans and what our next steps would be for that. We're going to be working with Baker Tilly on the finance piece of it. There was one thing that we were going to point out to, oh, and then So some of us to be involved in the process of this, and as we get closer to, um, getting closer to the detailed planning of it, um, we'll want to include some members. So I want you to be thinking over the next couple of weeks, if you'd like to join that, you know, we'll probably be meeting every two weeks. Um, and so, but yeah, well, I guess that, yeah, that's what we said initially about every two weeks, we're going to meet for an hour. And so if you like the input from council members on this, so if you're interested, let me know. But I can get with you. I can put out a schedule of when that time would be. I know a lot of you have work conflicts and stuff. But the more the better to put our heads around this project. It would be appreciated. You're all doing a bunch already.

We could go four hours now.

That's right. No, that's not what I meant.

That's not.

And we can rotate you in and out. So if somebody can make it, great. If they can't, get somebody else and stuff like that. But your input's important. So we'll try to keep you updated on this as we go through. The goal is by the end of the year to have a bot team hired and how the finance structure will look. If we can get that far this year, That would be a big step. These things take a while, but that's where we're at on that. Okay, I meant to say that earlier. Anything from the floor this evening? Nope. And now we're already at number seven, acceptance of communications. Move to accept the communications that was in our packet. Second. All right, we have a motion and a second. Any further discussion? All in favor, we'll say aye. Aye. Motion to adjourn.