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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
12/06/07
5:30PM
ATTENDANCE: Greg Borgman, Randy Mackie, Ed Simmons, Jon Rolewicz, Nick
Kroes, Kirk Kolberg
ABSENT: Chris Carter
EXCUSED:
STAFF: Mark Kincaid, Jim Hoppus, Carmen Smith, Henry Faltinowski
GUESTS: Stacey Scheuerer(256 Iona), Brandy Hillsburg(1125 Maple),
Suleyman Cotal(4 Webster), Chaunel Phillip-Gibson(1174
Jefferson), William Sininger(1126 Kenneth)
Meeting minutes: A motion was made by Nick Kroes and seconded by Jon Rolewicz
to approve the November 2007 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg(late)
Motion carried.
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EN-070212(Garage)- 719 E. Apple-, Fedo Randy/Schaddelee James M., 379
Garden Ave. Holland, MI 49424 –Removed from agenda, garage demolished.
DANGEROUS BUILDING REVIEW CASES:
EN-050084 1174 Jefferson – Chaunel Phillips/Gibson, 1168 Jefferson,
Muskegon, MI 49441
Mrs. Phillips-Gibson was present to represent case.
Mrs. Phillips-Gibson said she went to Inspections Department to renew permits and
she was told she had to get four permits but she only pulled three. The fourth permit
was the building permit which originally was issued to contractor Maurice Goodlow.
Her problem was renewing a permit she never was issued in the first place. She said
she was told by Don LaBrenz that the fee would be $500.00 half of original permit.
She said she doesn’t have $500 worth of work to do. Greg Borgman said that permit
fees are outside scope of authority of the Housing Board. Mark Kincaid said all the
permits have expired almost two years ago and there have been no progress
inspections scheduled and case was tabled in October with owner to renew all
permits. Mr. Kincaid said rough-in inspections were scheduled. Mrs. Gibson said all
the rough-in inspections for electrical, mechanical and plumbing passed and she was
agreeable to renew permits she pulled for $35.00 each but objected to renewing a
building permit for which she never applied for in the first place. Jon Rolewicz said
permits are required for repairs being done on the house and it’s not relevant who
pulled it; if she is owner of home she is responsible for permits. Mrs Phillips-Gibson
said she needs a building permit but doesn’t think it should be based on amount of
previous building permit and that Inspections should come thru home to see what’s left
to be done instead of out of blue come up with a number. Henry Faltinowski said that
contractor Maurice Goodlow has right to request a partial refund for original permit
and that money would go back to him as required by the law. He said that Mrs.
Phillips-Gibson needs to pull a building permit to finish the job which would amount to
cost of project minus the work already performed by Mr. Goodlow when he left the job.
Nick Kroes said his concerned with short of an inspection the board doesn’t know
what we’re really looking at since Mrs. Phillips says she’s nearly complete. Mark
Kincaid said we don’t know either because no inspections have been scheduled.
Henry Faltinowski said when rough-in was done no drywall was up it’s what you would
call a skeleton so you would go from that point for the cost of the project including the
labor. Mark Kincaid explained that the issue is the contractor pulled out at 50% of the
project and was within rights to request 50% of permit fee back which the original
permit was for $902.75 so somebody has to make up difference if contractor was to
request a refund.
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Motion made by Randy Mackie to table case until the January 2008 meeting with a
progress inspection to be scheduled by all trades and motion was seconded by Nick
Kroes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-070151 – 4 W. Webster – Suleyman Cotal, 390 W. Muskegon, Muskegon, MI
49440
Mr. Cotal was present to represent case.
Mr. Cotal said he brought drawing and had questions he wanted to pose to inspectors
that were not present. Mr. Cotal showed letter stating plans were approved and Mr.
Kincaid said plans were approved but work performed does not match approved
plans. Mr. Cotal said project is not finished. Mr. Kincaid said that’s the problem and
work that has been done does not match drawings. Mr. Cotal said contractors have
taken his money and walked away. Henry Faltinowski said there are no plumbing,
mechanical, & electrical contractors to date and no rough-in’s have been scheduled.
Kirk Kolberg stated in order to continue contractors are needed. Mr. Cotal said he is
presently going to court against one contractor. Nick Kroes stated that the
relationships between Mr. Cotal and with other businesses or contractors are not the
concern of the Housing Board of Appeals, but the building which is Mr. Cotal’s
responsibility is a eyesore and has been for years and the Housing Board
responsibility is to make sure the City of Muskegon doesn’t have eyesores.
Jon Rolewicz made a motion based on lack of licensed contractors on job, lack of
progress and cooperation to declare the building substandard, a public nuisance, and
dangerous building and seconded by Randy Mackie.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
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Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
DANGEROUS BUILDING NEW CASES:
EN-070207 – 1126 Kenneth – Countrywide Home Loans Inc, 400 Countrywide
Way Simi Valley, CA 93065
Mr. William Sininger, attorney to represent Countrywide was present for case.
Mr. Sininger stated Countrywide was the mortgagee on this property and obtained tltle
thru foreclosure sale. Mr. Sininger stated he is assisting Countrywide by contacting
businesses who buy properties to rehab, rent or resale. Mr. Sininger asked for copy of
interior inspection which was provided by staff. Mr. Sininger said his contacts have
the means to turn the property around but at this point don’t have a specific buyer and
would like additional time to secure a buyer. Greg Borgman said home needs to be
secured. Henry Faltinowski said there has been some interest shown by contractors
in the area to purchase. Mr. Sininger said he would contact client to make sure home
was secured. Mark Kincaid stated if client keeps in contact and if a buyer is found and
starts applying for permits, the case would not be forwarded to City Commission.
Nick Kroes made motion to declare the building substandard, a public nuisance, and
dangerous building and seconded by Ed Simmons.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
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Motion carried.
EN-070202 – 1125 Maple –Robert/Brandy Hillsburg, 340 W. Forest Ave.,
Muskegon, MI 49441
Mrs. Brandy Hillsburg was present to represent case.
Mrs. Hillsburg stated she was selling the home to her brother, he lived in home for a
while then stopped paying her. She said she left work because of problems with
pregnancy and couldn’t pay the mortgage and the bank took it back in foreclosure.
She said it was hard to get her brother out of home and then bank put padlock on door
saying it was in foreclosure. She said in the meantime windows were broken and
holes were burnt in carpet and garbage/clothes left as if someone was still living there.
The bank then informed them they were not going to foreclose but they were under
the impression after the padlock was put on door that they couldn’t legally enter the
property so didn’t try to do anything with property. She said they spoke with
inspectors and found out they couldn’t do the work themselves because it was not
owner occupied and they don’t have the money to hire contractors to fix the home.
She said they would like to sell it and didn’t deny Inspections to get in but because of
going back to work her hours conflicted with scheduling an inspection. Mark Kincaid
stated staff is unclear as to how or if owner plans to fix it. Mrs. Hillsburg said she
would like to sell the property and the bank has agreed to take a loss if she can get a
buyer and doesn’t want to see it tore down. Nick Kroes made the suggestion if she
decides to fix the house to get in touch with Inspections and come up with a plan.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
Randy Mackie made a motion to accept staff recommendation and was seconded by
Ed Simmons.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
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Motion carried.
EN-070211 – 256 Iona – Stacy Scheuerer, 2469 Hadden, Muskegon, MI 49441
Stacy Scheuerer was present to represent case.
Ms Scheuerer said she bought the property August 10, 2007 and checked and there
were no liens on property when she bought it. She said this was her first time buying a
property at an auction. She said she boarded up the windows. She said she is in the
middle of selling it and is suppose to sign papers this week with someone who claims
to be a builder and has agreed to make all repairs. She said she notified the building
inspector that she was selling the house and gave address where notices should be
sent to. Ed Simmons asked if intention when buying was to sell. Ms. Scheuerer said
she bought two houses and was going to live in one and rent the other but upon
looking inside was very disappointed. Greg Borgman said if aggressive action is not
taken then it falls into somebody else hands and blight continues. Ms Scheuerer
mother who was present said if property doesn’t sell she would vow to make repairs
herself.
Motion made by Nick Kroes to table case until the January 2008 meeting and
seconded by Kirk Kolberg.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN070209 (Garage) -709 E. Apple Ave – M ark Chiaverini, 719 Overbrook St. ,
Muskegon, MI 49444
No one was present to represent case.
Motion made by Randy Mackie to declare the building substandard, a public nuisance,
and dangerous building and was seconded by Jon Rolewicz.
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A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-070217 – 811 W. Grand – Joyce Lockett, 1334 Peck, Muskegon, MI 49441
No one was present to represent case.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
Motion made by Randy Mackie to accept staff recommendation and was seconded by
Ed Simmons
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
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EN-070201- 867 Young Ave – National City Bank of MI, 3232 Newmark Dr.,
Miamisburg, OH 45342-5433
No one was present to represent case.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
Motion made by Jon Rolewicz to accept staff recommendation and was seconded by
Ed Simmons
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
OLD BUSINESS:
Jon Rolewicz asked about 143 W. Southern he said it has been boarded up 180 days
and staff was suppose to report back to board on property. Henry Faltinowski said he
had been out there but there was not enough on the exterior to write up yet. Greg
Borgman asked about property at 1211 Third. Randy Mackie asked about terms of
officers who expire soon. Mark Kincaid said he would check on them.
NEW BUSINESS:
ADJOURNMENT: 6:30 PM
CITY OF MUSKEGON
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES.
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The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audiotapes of printed materials being
considered at the meeting, upon twenty-four hours notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City
of Muskegon by writing or calling the following.
Ann Becker, City Clerk
933 Terrace Street
Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773
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