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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
01/06/05
5:30PM
ATTENDANCE: Randy Mackie, Greg Borgman, Nick Kroes, Jon Rolewicz,
Ed Simmons, John Warner, Clara Shepherd
ABSENT:
EXCUSED:
STAFF: Henry Faltinowski, Anthony Kleibecker, Carmen Smith, Don
LaBrenz, Kevin Stier, MPD
GUESTS: Sandra & Randy Bowman (104 Catherine), Joanie A.
Wallace (1261 6th), Maria & Jorge Gonzalez (1063 1st),
Robert Zavitz & Bernadine Magna (1778 Pine), Cedric
Jenkins (1916 Clinton), Students from Muskegon High
School
Meeting minutes: A motion was made by Jon Rolewicz and seconded by John
Warner to approve the December minutes. Motion rescinded.
John Warner noted an error on page 3 of 5 where Clara Shepherd is included in
roll call vote and she was excused from that meeting. Correction noted. Motion
to approve December minutes made by Jon Rolewicz and seconded by John
Warner. The motion passed unanimously.
Election of officers: A motion to retain the same chairperson, Greg Borgman and
vice-chair, John Warner. A motion was made by Randy Mackie and seconded
by Clara Shepherd. The motion passed unanimously.
Two members on the Housing Board of Appeals Nick Kroes and Jon Rolewicz
terms were to expire at the end of January 2005. Mrs. Shepherd reported that it
was brought before the City Commissioners and she recommended that the
same two people be retained for another term and it passed unanimously.
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PROPERTY MAINTENANCE APPEAL:
1227 4TH – George Schappert, 1227 4th, Muskegon, MI 49441
Mr. Howard Harvey, who is George Schappert caregiver, was present to
represent this case.
Mr. Harvey stated that a furnace was installed in the downstairs apartment with
the help of Family Independence Agency. He stated three persons were living
upstairs for 39 days then it got cold. No one is residing upstairs at this time
because there is no funds to repair. Foreclosure has been discontinued because
taxes were paid for the 2002 tax year and summer of 2004. He stated those
were the two primary things they had accomplished since the last HBA meeting.
He stated he understood an extension was given of 180 days at the last HBA
meeting and they were trying to make a decision whether to continue paying the
taxes and move back upstairs later. He said they have a furnace approved for
upstairs with R & K Heating but have not had the funds to have it installed. Nick
Kroes stated it should be clarified that the last HBA meeting the motion was
rescinded because the board was concerned about the heat and did not approve
the extension of 180 days. Randy Mackie suggested they apply for exemption
for taxes. Mr. Howard stated he had tried but the income was over the required
level.
Staff recommendation: Table for 180 days.
A motion was made by Nick Kroes and seconded by Jon Rolewicz to accept staff
recommendation. The motion carried unanimously.
DANGEROUS BUILDING REVIEW CASES:
EN-040061 – 621 Adams – Terry/Melva Pollard, 1080 Terrace Apt. #502,
Muskegon, MI 49442
No one was present to represent this case.
Anthony Kleibecker stated notices were sent out to Terry/Melva Pollard and to
West Michigan Bail Bonds. The notices were received back in the mail from
Terry/Melva Pollard with note on the envelope saying deceased. There have
been no contact with the Pollard family or West Michigan Bails Bonds at this
time.
Staff Recommendation: Declare this building substandard, a public nuisance,
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and dangerous building.
A motion was made by Nick Kroes and seconded by John Warner to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Sheperd
Ed Simmons
John Warner
The motion carried.
EN-030162 – 1063 First St., Jorge/Maria Gonzalez, 27 Spanish Ct. SE,
Wyoming, MI 49548
Mr. Jorge and Maria Gonzalez were present to represent this case.
Greg Borgman asked if staff could update the board on this case. Don LaBrenz
stated that things seems to be moving in the right direction and Mr. Gonzalez
now has people working with him that understand what needs to be done. Mrs.
Shepherd stated she was happy to see improvements especially removal of the
tree.
Staff Recommendation: Table until June 2005.
A motion was made by Randy Mackie and seconded by Nick Kroes to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Clara Shepherd
John Warner
Randy Mackie
Jon Rolewicz
Ed Simmons
Nick Kroes
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The motion carried.
03-67 –1124 Peck – Edward Imbault, 15394 Ritchie Ave. NE, Cedar Springs,
MI 49319
No one was present to represent this case.
Anthony Kleibecker said there had been some communication with Mr. Imbault
stating his intention to have the house completed and put on the market by June
1st. 2005. Don LaBrenz stated Mr. Imbault had put a lot of effort in getting the
outside straightened up so that it looks pretty decent. Don LaBrenz stated Mr.
Imbault couldn’t attend the meeting tonight because of a previous engagement.
Mr. Imbault has been in the Inspection Department a few times this week
basically sharing his intent on rehabilitating the house and getting it back on the
market by June. Greg Borgman stated he and Randy Mackie had driven by the
house and had concerns about the foundation. Greg Borgman said it appeared
to be bowed. Don LaBrenz stated there was a few breaks in the foundation but
Mr. Imbault plans on having someone work on the house over the next few
weeks. Nick Kroes wanted to know if Mr. Imbault was working with staff on this.
Don LaBrenz stated the case came back because of miscommunication. Mr.
ImBault was under the impression he just had to repair the outside and he was
done. The reason it came back before the HBA was because Mr. Imbault had
not contacted staff. Greg Borgman shared current pictures of property. Greg
Borgman also stated while riding pass the house they thought there was good
progress from what they could see.
Staff Recommendation: Table until June 2005.
Motion was made by Randy Mackie and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Clara Shepherd
Greg Borgman
John Warner
Randy Mackie
Jon Rolewicz
Ed Simmons
Nick Kroes
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The motion carried.
EN-040069 – 1778 Pine – Robert & Janice Zavitz, Muskegon, MI 49442
Robert Zavitz was present with his sister Bernadine Magna to represent this
case.
Bernadine Magna stated that the last time they were before the HBA they were
trying to work something out with Ardyce from CNS to get help with repairs.
They had gotten the interior inspection report. Ardyce had done a title check,
which showed bank as second party on title. Ardyce informed Mr. Zavitz that if
they could get in contact with the bank to agree to a payment arrangement and
submit that in writing then Ardyce would be able to get approval to help with
needed repairs. Ms. Magna had just gotten the phone number of the Bank of NY
and her plans was to call to see if the bank would agree. Greg Borgman said his
concern was there was a lot of if’s hanging out there. Mrs. Shepherd asked if Mr.
Zavitz was living in the house. Mr. Zavitz stated yes since 1981. Mrs. Shepherd
asked if Mr. Zavitz was confined to a wheelchair. Mrs. Shepherd said this
structure posed a real danger especially according to the electrical report. Greg
Borgman wanted to know if Ms. Magna had spoken with an inspector. Don
LaBrenz answered no. Mrs. Shepherd asked if anyone was familiar with this
case. Henry Faltinowski said he was familiar with case and they were waiting
until the title business could be cleared up before anyone could proceed. Greg
Borgman said his perception is this case could go on for months and months.
Jon Rolewicz asked if house was a fire hazard. Don LaBrenz stated that it was a
possibility. Greg Borgman stated when a house comes before HBA there are
serious issues with a building, they usually are pretty bad when they get this far
in the process and being that someone was living in the house makes him more
concerned because of Mr. Zavitz well being. Ms. Magna said if the house is
condemned who will relocate Mr. Zavitz? Ed Simmons asked if there was a hole
in the ceiling? Ms. Magna indicated the ceiling was bowed. Nick Kroes wanted it
clarified who Ardyce was. Anthony Kleibecker said Ardyce works for the
Community Neighborhood Services who provides assistance through the CDBG
Fund. Clara Shepherd stated this house is an extreme danger especially to a
man confined to a wheelchair living in it with the electrical issues of primary
concern. She stated if anything happens to Mr. Zavitz while living under these
conditions would be the fault of the HBA if they allowed this to happen. Mrs.
Shepherd recommended that Mr. Zavitz relocate until repairs could be done.
Mrs. Shepherd asked if taxes were paid on this house. Ms. Magna answered
yes. Nick Kroes stated he recommended that the house be declared which might
light a fire under Bank of New York to realize they have money hanging out there
and a chance that the house could still be saved. It would be a period of time
before this case goes before the City Commission and if concurred, before it
would go out for bid. This would allow time for Mr. Zavitz to pressure the Bank of
New York to send fax stating the property will be condemned if not acted upon.
Greg Borgman stated this doesn’t mean the end but will light the fire before a real
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fire happens. Ed Simmons asked why no upkeep has been done to the house it
appears for 20 years. Mr. Zavitz answered there had been painting done. Ed
Simmons asked if this case had not been brought before this board if there would
have been any attempts to rehab this house. Randy Mackie recommended Mr.
Zavitz try to relocate during this time. Greg Borgman mentioned that board is
concerned about Mr. Zavitz well being and would worry about a fire due the
electrical issues.
Staff recommendation: Declare this building substandard, a public nuisance, and
dangerous building.
Motion was made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Clara Shepherd
John Warner
Randy Mackie
Jon Rolewicz
Ed Simmons
Nick Kroes
The motion carried.
There was a recess to sign students slips so they could be excused early to
attend other after school activities.
03-38 – 680 Orchard Garage – Robert Lee, Muskegon, MI 49442
No one was present to represent this case.
Anthony Kleibecker stated that there had been no contact with owner since
November 2004.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building.
Motion was made by Randy Mackie and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
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Greg Borgman
Clara Shepherd
John Warner
Randy Mackie
Jon Rolewicz
Ed Simmons
Nick Kroes
The motion carried.
DANGEROUS BUILDING CASES – NEW CASES
EN-040063-104 Catherine Garage – Randal Bowman, Muskegon, MI 49442
Randal & Sandra Bowman was present to represent this case.
Sandra Bowman stated they planned to tear down the garage themselves but
was waiting for dumpster to be delivered. They had wanted to repair it but
concluded it was not cost effective.
Motion was made by Clara Shepherd and seconded by John Warner to accept
staff recommendation.
Staff recommendation: Declare this building substandard, a public nuisance, and
dangerous building.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Nick Kroes
Ed Simmons
Jon Rolewicz
Randy Mackie
John Warner
Clara Shepherd
Greg Borgman
The motion carried.
EN-040021 – 1916 Clinton – Jenkins Investment Properties LLC, 2314
Vincent Dr., Muskegon, MI 49441
Cedric Jenkins was present to represent this case.
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Mr. Jenkins stated due to his financial situation and a job change in the fall that
he didn’t have the resources to finish the repairs. He recently got another job
and plans to have an electrical permit pulled soon. A permit was pulled for
mechanical work that had to be done. The hot water heaters are installed. Roof
liner has to be installed. Plumbing permit pulled and all the work is done except
there was a problem with the upstairs toilet leaking into the downstairs
apartment. He had a licensed plummer install a new toilet, toilet ring and copper
piping. He failed to have a final inspection done before drywalling and closed up
the area. He said the inspector informed him he would contact the plumber to
see if work was done properly otherwise it the wall would have to be opened up
again for inspection. Mr. Jenkins apologized for the delay in completing repairs
but he assured the board that he was back on track now and wanted to comply
with the city to complete all repairs. Greg Borgman stated the problem was that
Mr. Jenkins let the property get in such disrepair it had to come to this board.
Greg Borgman mentions there were tons of negligence there. Henry Faltinowski
stated Rick Clark, the plumbing inspector, went out but the inspection failed but
he understood Mr. Jenkins was working on the problem. Henry Faltinowski
mentioned the problem had been Mr. Jenkins they had not kept in contact with
Inspections Department. Mr. Jenkins apologized again stating after he lost his
job he didn’t have the financial resources to work on the house like he wanted to
but he does understand the protocol to stay in touch with inspectors so they can
see progress being made. Greg Borgman stated that instead of tabling this case
there should be some action taken. Mr. Jenkins stated he is very serious and he
has a lot of money tied up into the project and would like to keep the property.
Nick Kroes asked how long will it take to complete the repairs. Mr. Jenkins said
he needs to wait for the snow to break to put the roof on and address repairing
the back porch and south side of the house he estimates it would take him until
mid spring to complete the project. Nick Kroes said he can appreciate the
problem with his job but this has been going over a year so he recommends that
it be declared so there won’t be any delay and back before the board again. Mrs.
Shepherd suggested he follow thru on his plans with no delay because once it
comes before commission and approved it’s over.
Motion was made by Nick Kroes and seconded by John Warner to accept staff
recommendation.
Staff recommendation: Declare this building substandard, a public nuisance, and
dangerous building with delay of 120 days before sending it to commission.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Clara Shepherd
John Warner
Randy Mackie
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John Rolewicz
Ed Simmons
Nick Kroes
The motion carried.
EN-040076 – 1261 Sixth St. Garage – Joanie A. Wallace, Muskegon, MI
49441
Joanie Wallace was present to represent this case.
Mrs. Wallace said she’s waiting for dumpster from Laidlaw to be delivered then
she plans on tearing it down. Ed Simmons asked had a permit been pulled. Mrs.
Wallace said she would pull the permit herself a week before dumpster is
delivered.
Motion was made by John Warner and seconded by Nick Kroes to accept staff
recommendation.
Staff recommendation: Declare this building substandard, a public nuisance, and
dangerous building.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Clara Shepherd
John Warner
Randy Mackie
Jon Rolewicz
Ed Simmons
Nick Kroes
The motion carried.
OLD BUSINESS:
Clara Shepherd asked about 1530 Hoyt Street. The front door is wide open
during holiday season. Mrs. Shepherd said police can go and close the door.
Don LaBrenz said the property was bid out for demoltion. Kevin Stier said he
would see that it was taken care of. Mrs. Shepherd also brought up 444
Orchard, which is owned by the State of Michigan but there is no water but
people are living in house. Mrs. Shepherd says many elderly neighbors are
complaining. Mrs. Shepherd asked does the City have jurisdiction over
squatters. Anthony Kleibecker said he would contact Major Metcalf regarding
this property and see what could be done.
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There was discussion regarding the housing inspection transition and having an
optimistic attitude that it can work if everyone is committed to it. John Warner
asked if it was true what was stated in the Chronicle regarding refusal of former
housing inspectors to train firefighters. Ed Simmons said he didn’t blame the
housing inspectors for not training the firefighters being a member of a union
presently going through negotiations himself. He felt what was done to them was
very unfair. He asked Mr. Kleibecker if he would have in his heart to train a
person for a position that he had been eliminated from. Mr. Kleibecker said in
the context of the huge budget cuts and many people taking on many extra
duties with limited resources he would have done it. Nick Kroes asked how long
it might take before grievances are resolved. Mr. Kleibecker stated they are in
negotiations with the union and there was a session today which he felt went
well. Mr. Kleibecker gave updates on 557 Clay, which has been brought before
HDC again with plans for the front porch. Mr. Sieradzki has until March 7, 2005
due to the city ordinance of the HDC before the City can proceed. Mr. Sieradzki
is in the process of filing papers in circuit court. Mr. Kleibecker said the property
at 523 W. Webster is in court. Mr. Kleibecker and Henry Faltinowski went to
court in December where a 30-day adjournment was asked for. Mr. Kleibecker
stated structurally the house is in bad shape. They are scheduled to go back to
court on Monday, January 10, 2005. Clara Shepherd asked who is going to do
the training for the Housing Inspectors. Mr. Kleibecker said they were bringing in
an outside source to train. Jon Rolewicz asked about current dangerous building
report be updated because many repaired and demolished properties remain on
the list. Greg Borgman asked about a house on Third & Merrill as to who the
owner was he mentioned the house has been board up and the picket fence is
deteriorating. Nick Kroes asked about Larch Avenue Gift shop, which has been
abandoned for awhile. There was discussion regarding policy of abandoned cars.
Greg Borgman asked about 1069 Second if there was a fire. Mr. Kleibecker
stated there was no fire but area agencies were contacted and the property was
vacated. Mrs. Shepherd asked about 1317 Seventh Street if the Inspections
Department was keeping up with that property. Henry Faltinowski said
Inspections was checking on them. Mrs. Shepherd asked about the Certificate of
Occupancy for rental houses. Mr. Kleibecker said all landlords would be looked
at.
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ADJOURNMENT: 7:12 P.M.
CITY OF MUSKEGON
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR
SUBCOMMITTEES.
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.
Gail Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49443
(616) 724-6705 or TDD (616) 724-6773
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