Mhm. >> Mhm. >> 2026 to order. First item is the agenda. Patrick? >> Yes, Mr. Chair. Um staff would propose moving item 8A to consent number 5E. >> That is the State Fair parking discussion. >> That is correct, and there would be no further changes from >> All right. Uh board have anything? >> No. >> Uh hearing none, I need a motion to approve the agenda as amended. >> I'll move to approve the agenda as amended. >> Second. >> All in favor? >> Aye. >> All right. Motion passes. Item three is approval payment bills. You signed statement. >> I did. Move to approve payment of the bills. >> Second. >> All in favor? >> Aye. >> All right. Item four is approval of meeting minutes. This is from July 20th. Did anybody have any changes? >> Mr. Chair, on page five of the um meeting minutes uh the person that came to speak to us her I believe her name was Erica Schmidt, not Eric. From the constant nexus. >> That it? >> I think that was it on that particular one. And then on page nine uh of the minutes Get there. Uh it says uh change parchment to purchase in the last paragraph. >> Okay. >> That takes care of my corrections. >> Are we good? >> That's it. >> So we're good. >> Yeah, I had the same one, so we're good. >> [clears throat] >> All right, I need a motion to approve the minutes. >> I'll move to approve the minutes as amended. >> Second. >> All in favor? >> Aye. >> Aye. >> All right, item five is a consent agenda item. We now have five. Uh does the board want to pull any of these? >> Uh Mr. Chair, I'd like to pull B and C. >> All right, Beth? >> I have no. >> All right, then I Go ahead. Then I need a motion to approve consent agenda items 5A, D, and E. >> So moved. >> Second. >> All in favor? >> Aye. >> Aye. >> All right, item 5B is a right-of-way permit for uh the birch tree care. >> Yeah. The the issue that I have it's really a Again, these are these are minor little issues for the most part. But the application as in there it has uh the same address but Badlands Heights versus Wyebrook Township and I believe um that is a Wyebrook Township address. So the contact person was Lori Moen and the address where the work was going to be done was 4115 Oakmead Lane, Badlands Heights. Uh the I think that we should just make a note in the meeting minutes that it's really uh same address except it's Wyebrook Township versus Badlands Heights. >> You're correct. >> That's one of them. >> All right, is that it on that? >> On one? All right, then I need a motion to approve item 5B. >> So moved. >> Second. >> All in favor? >> Aye. >> Aye. >> Uh the next one has to do with 5C. Um and maybe I just need a clarification on that. This there's the large document it has to do um for the public works project. On the page 41 of the document, if we get to that, uh anyway, it says that the owner is Ed Pridon. >> What? >> And I don't think you own that. >> No. >> [laughter] >> And or the contract. Come on. Come on. >> So, I think that document needs unless it was corrected someplace I didn't see, but I think it needs to be changed to White Bear Township signed as by town town chair. >> Correct. >> So, >> Was that on the architect's >> Yes, on the architect's doc big long document. So, anyway, it was page 41 of this big long document. So, if you just clarify that, I'll I'd move to approve that consent agenda item with that change. >> I'll second. >> All right, motion's made and seconded. All in favor? Aye. All right, moving on. We have item six. This is old business. 5443 Ridgeway Avenue. Patrick, you going to take this? >> Well, this is the the second half of a uh lengthy discussion at the utility commission regarding a frozen water main at at 5443 Ridgeway. Um owner of the property is taking on the cost of the first half, which was the immediate response to the water main being burst December. And the township will take on the responsibility and cost associated >> You uh might want to speak up a little there. >> With repair the township will take that responsibility. >> Sorry, Mr. Chair. >> I understand with the mic. >> Yep, you're right. I'm getting too comfortable. All right, uh questions from the board. >> I have none. We've discussed this uh in the past, so I'm >> We can beat this one up pretty >> I'd go with Ed Nasiem on this one. >> Like I said, uh back to my only concern with this is uh Chad, you can maybe tell me this, but we are setting a little bit of a precedence replacing a curb stop which does not belong to us. It belongs to the property owner. >> Well, that's correct. I mean, under the ordinance the property owner's ownership of the pipe begins at the stopcock on the main main line. We are somewhat of a precedent, but again this was a unique situation and the facts are the facts are unique. I think I don't see this as a as creating a precedent that's going to cause huge problems in the future. >> Uh Mr. Chair, I'd also like to point out since this took place, uh we have put an insert in our utility billings that explained that situation so that it's clear to all residents that that receive township billings that it's their responsibility going forward. So, I mean, we did what we could >> Yes. To clarify that. >> I think public works has also come up with a protocol because there were some loose issues and I think we could tighten them up. >> Yes, as long as the town attorney is is comfortable with that we're not going to be stepping in it by doing this, so. All right, any other discussion? >> I'm comfortable. >> Okay. All right, hearing nothing further, I need a motion for approval of the recommendation. >> Proposal? >> I'm 5 to >> is that what we're looking for? >> Yep. >> I'll make the motion to approve the proposal from Fox Excavating for the property at 5443 Ridgeway in the township. >> I'll second. >> I'll second that. >> Motion made and second, all in favor? >> Aye. >> Aye. >> All right, moving on. Uh public hearings, we have a couple of them. The first one tonight is 5500 Township Drive. I need a motion to waive the reading. >> I'll move to waive the reading that it was properly published in the White Bear Press. >> I'll second. >> All in favor, say aye. >> Aye. >> Aye. >> All right, that motion carries and I need a motion to open up the public hearing. >> I'll move to open up the public hearing for 5500 Township Drive. >> I'll second. >> All in favor? >> Aye. >> Mike, are you going to run this? >> I am. >> [clears throat] >> Uh Mr. Chair and the members of the board before you tonight uh for consideration is a resolution ordering the abatement of a nuisance condition at 5500 Township Drive. In your packet uh you'll find the resolution uh ordering the removal uh and lawful disposal of the entire rear wood deck and stairway on the property. Uh the deck is in a hazardous condition. Second bullet point on the resolution uh remove all overgrown trees and shrubs uh net negatively impacting building's foundation. Next bullet point uh repair and replace all deteriorated exterior siding and trim, repair and replace all damage, loose or missing soffit and fascia, repair all broken glazing, restore uh HDA system and a fuel gas supply the structure, restore the water service to the building with the appropriate water meters. And upon completion of the repairs, the building shall remain unoccupied until such time the town can inspect the facility and uh approve the building for occupancy. The resolution requests the property owner take action uh within 30 days of service of this resolution if approved by the town board tonight. That would include obtaining minimum obtaining all permits um to do the repairs in a 30-day time frame. If in event that the uh property owner does not comply with the resolution make all the required repairs, the town may abate the nuisance at the homeowner's expense. In your packet uh notice, you can see the notice on June 27th uh 22nd and 26th went to the uh property owner explaining the town's intended action. Town did determine this dwelling condemned unfit for human habitation January 22nd 22. House has been abandoned since then. Following uh July 13th, 2026 written notice of uh the hearing this evening was sent to the property owner explaining the procedures here at tonight's public hearing. I did get a response uh that an email response is also in your packet. Um I've had a couple of conversations with the owner over the last week. He has committed to making uh the improvements on the property is what he has expressed to me over That's all I had. If you have any questions. >> Steve The question uh it goes way back to the Yeah, actions speak louder than words. And and we've heard from very little from this gentleman from well, since we started action on this in 2020? 2022? When we abandoned it? Um I'm not interested in hearing his words. I'm interested in the action. So, I from my perspective enough is enough. We need to proceed and push the issue until he does actually come forward. That's my only question to you. Do you really believe this time going to be any different than any other time? >> I expressed again through a couple of different conversations on the telephone. I expressed the seriousness of the situation. I don't feel he's grasped the seriousness of the situation, but he has stated to me that he is going to invest the money, make some significant improvements. He assured me today. >> The property is >> Whatever, that's all talk. >> The prop- property is salvageable. If we're >> I certainly um significant investment um in the property. It is a valuable >> In his email, he he says he's got two contractors contractors that were coming to meet with him. Have you heard from either of them? Have you? >> Uh with today's conversation, this was sent last week. Spoke with him today. I had these two contractors There's another one that he's working answered my questions. >> Beth We're just going to keep continue to pursue this, I'm assuming because I find it shocking that somebody would let a house go. It just seems insane to me. >> Uh Chad, can you uh run us through the legality of this, how it runs through the court? >> Sure. If you adopt this resolution, we will have to serve the property owner. This time we use service civil process personally. And if we can't find them, we have to publish it uh in the White Bear Press, wait 30 days. He then has the owner then has 20 days from the date they received the order to either comply or if they don't they can also always file they comply. If they don't comply, then the next step would be to file the resolution with district court. At that end notify the owner again it's been filed. At that point the owner has 20 days in which to file an answer. And no matter what whether they file an answer or goes by default the court will then set period of time in which they have period of time in which they can remediate the problems. And naturally if they don't remediate the problems the township can apply for an order demolishing the house. Well the first step is you have to notify them notify the owner of what has to be done. Give him a reasonable period of time which you've done 30 days to create the correct the problem. He hasn't done so then we file it with the court and start that process. And the court has the discretion to give them give the owner whatever time the court feels is is uh reasonable to correct the problem. >> Well if I did my math it could be 10 weeks before the actual construction season's going to be over by the time we actually force >> Getting pretty close. Yeah. >> Yeah, that's that's that could be an issue. >> Yeah, does he have to show anything like you know he's got contact with a contractor? You know I mean other than his word is there anything else that >> Well the statute doesn't really require that he he show any kind of >> good faith >> moving forward >> moving forward. What's interesting in the last one in Second Street the court did order that the owner provide an up a status report 60 days after 60 days in. >> Okay. >> So that that can be done. Understand the court has discretion to do that, to set some set rules that don't necessarily appear in the statute itself. Rules we can't require. Conditions we can't require. >> Obviously property owners have rights, but this is this is taking it to extreme. Are there any other questions of staff? >> No. >> All right, I need a motion up or motion to open up for public comment. >> I'll move to open the hearing up for public comment. >> Second. >> Motion made, second, all in favor say aye. Aye. Opposed? Is there anyone here that wish to speak to this item? You got to step up to the podium. I need a name and an address. >> Um This has been going on at this house >> a name and an address. >> Oh, Denise Conway, 5514 Daisy Court. This house has been in disrepair since 2013. I've got a document right here that said at a meeting in 2014, this entire list that Mike just talked about fixing this, fixing that, doing this, doing that, was sent to that guy in 2014. This 2020 stuff, that's not correct. This guy has done nothing. There's a broken windows. There's children playing in this house, you guys. Kids are in there all the time. There's foxes living in the basement. How can you How can you say that this house can one day be livable? It was flooded. It's got to be full of mold. Have you went in there? No? >> Uh Mr. Chair, Keep in mind that Mike doesn't have the right to simply go in the house. >> Well, who does? >> Hold on. I was about to explain it to you. What has to be done is the court This is the court requires that we apply for administrative search warrant. And give and at the same time give the owner the right to challenge these administrative search warrant. So, that's the process of getting in there. So, you have to understand Mike just can't walk into a property. >> Okay. But, like we said >> or a search warrant. >> 12 years this has been going on. Ask any of my neighbors here. They'll tell you the same thing. I'm done. >> Anything else? >> Hello, my name is Sherry Schapbet and I reside at 5501 Fisher Street. My property boards um the property being discussed at 5500 Township Drive. I'm here to support um to express strong strong support of the resolution ordering nuisance abatement. The home has been vacant and deteriorating for years and the conditions are now clearly meeting the definition of a public nuisance. The structure remains unsecured and the hazards are escalating. Recently, my father witnessed a group of children attempting to break into the property and this is a serious safety concern. Not only for the children involved, but for the entire neighborhood. The exterior conditions continue to worsen. A broken window is covered by only a couple boards um leaving the structure vulnerable to entry and weather damage. Wildlife has begun to inhibit the property and I have personally observed a fox living under the deck and red squirrels are regularly entering and exiting through a hole in the siding. These are clear signs of structural failure and unmanaged pest activity. Multiple neighbors I've spoken to um consider the property an eyesore and a long-standing source of frustration. The overgrowth, the visible decay, and the ongoing trespassing have created a persistent negative impact on the neighborhood safety and appearance. and despite the property's condemned status, there's been no meaningful corrective action from the owner. Deterioration, lack of maintenance, and repeated nuisance conditions have left the neighbors carrying the burden of a property that poses real risk to public safety. A formal nuisance abatement order is necessary at this point. It proves provides a clear compliance path, establishes accountability, and ensures that corrective action will finally occur whether by the owner if needed or if needed by the township. I respectfully ask the board to adopt the resolution and to include the following priorities: immediate securing of the structure to prevent further trespassing, proper boarding of broken windows and other entry points, removal of debris and overgrowth, pest and wildlife mitigation, a clear and enforceable compliance deadline. And if the structure is found to be on repair, movement towards demolition. The resolution, I feel, is an appropriate next step to protect the neighborhood and address a long-standing hazard. Thank you. >> All right, thank you. Anyone else? Come on up. Name and address, please. >> Kathy Miller, 1343 Jonquil Lane. I drive up in town downtown township all the time. This house is right across from the park for our little children. And there've been numerous people that have said this and I've experienced it myself. Driving right past the house and here comes four young boys and they're parked right in front of this house and they're walking up to the house. This is just a magnet in our neighborhood for trouble. And a day We told the kids I said we said, "You can peek in the windows, but be very careful. This is a dangerous place for you guys to play. That's about all we can do as neighbors. Um it's it's a problem and it affects all of us in the Otter Hills addition area. Because it's our our property. I mean this is a an eyesore. People come through, they want to buy a house. Are you going to you're going to buy a house next door to that? Or across the street or even down the street? It affects all of us. It affects our property values and we hope that you guys will do whatever you can to take care of this problem. Thank you for for listening. >> Thanks, Gotti. All right, anyone else? Line up. >> Um my name is Sue Nelson. I live at 5506 Daisy Court. And um and I want to attest to the unsafeness of this situation. Last summer, um I live across from the house um on Eagle Park. And um a group of young boys did break into the house through the garage and came in the house and opened up the front door. This was witnessed by another one of my neighbors. She was frightened to call the police and I I I don't know why she was frightened, but I then proceeded to go over to the house, saw the open door, so I did call the sheriff and the sheriff did respond. They came, they went into the house, they asked if I had gone into the house and I said, "No, I'm not going to go into a house that I don't know who's in there." So, they did go into the house and checked the house and I know that they called the owner and the owner's response, he came and he put a board in front of the open space in the on the garage door. And then the owner did shut the door and removed the hanging um screen door. So, um I totally believe this is an unsafe house and somebody is going to get hurt if this uh resolution and and the abatement does not go forward. So, thank you. >> Anyone else? One up. >> Hello, I'm Matthew Bailey. I live at 5490 Township Drive. I can attest uh the house has been unoccupied since January 2022. I'm the next door neighbor. Uh I have seen and asked um some kids. It is a magnet for children and I've had multiple instances this last year where I've had kids roaming the house and I've lightly encouraged them to please leave the property. It is not safe. I've also had instances when the house was vacated, they left all their trash on the back deck, which will blow into my yard and I picked that up multiple times. It's still there 4 years later. Um that deck is unsafe. I would not recommend anybody go on. And then one note for your um recommended list of actions, there's a broken window and I don't believe you think we should board or secure that window, but I don't believe it was noted in the actions. >> Uh Mr. Chair, it is in the resolution, the broken glazing. >> Okay. Thank you. >> All right. Anyone else? >> I'm Peter Krugel, 5475 Township Drive. And uh I've uh been familiar with this particular home for many years and uh I would consider this thing as an attractive nuisance. Uh we've got Eagle Park on the other side of the street and we've got young kids up there. And uh the condition of the of the rear of the home is just uh uh structurally unsound. Uh if they had water damage, I don't know to what extent there's mold, but I'm sure there's interior problems with that house. And uh yeah, it's uh it's been pretty much a a nuisance ever since I've been there. Animals get in. And uh I don't know. It's kind of a a blight on the neighborhood as far as I'm concerned. So, that's about it. >> All right. Thanks, Peter. >> [clears throat] >> Anyone else? >> Uh a question maybe for Mike. Within this 30 days, if he comes to you with a building permit, that will give you access to go into the building? >> Um again, Mr. Chair, I've opened line of communication with him all over the week. I expect uh to be able to access Well, I won't be issuing any permits until I have access to the interior of the >> Well, then question for Chad. I I know the house on West Bald Eagle. We went in and boarded up the windows. because of a fire, but is is this something we can do now and just put it on his >> I would say in terms of safety, emerge safety, you could board the house up to avoid the issues we were hearing about young children going in there. That you can do. >> So, we can actually uh secure it so no one can enter the building. >> And you secure it, and you can also clean up the outs the uh the exterior, you know, as a summary abatement. >> Okay, but is that just after this resolution for tonight or >> Well, you could do the you know, in terms of in terms of clearing I I actually I think you could do both without the without the resolution. But, here's why the resolution is important. Cuz until this resolution is adopted, if the house is is again, understand I haven't seen the house, so I can't make any comment on that. But, if it's as bad as it sounds, you have to demolish the house, just please you have to demolish the house. You have to get a court order. So, abating, you know, securing the property for against safe, you know, for safety reasons, that you can do without the without this. Uh but, it's a good idea to do this. I mean, it's a good idea to adopt the resolution at the public hearing. >> Well, from what we're hearing, obviously, it it this is something we should probably step forward and I I know uh I can't remember the name of the contractor who did it, but if if that's something that Mike can coordinate and we can at least go and secure the house so the kids can't get into thing. >> I have no I have As town attorney, I have no problem with that. I can support that. >> Okay. >> But, again, demolishing the house, that's a separate >> get it, but but for now, we need to address some of the safety issues. >> Step one, secure the house for safety purposes. Definitely go ahead and do that. >> Cuz it's rated as an attractive nuisance. >> Mike, you can check to see uh who we used. We must have a a list of contractors. >> Uh yes, the town's crews to board up buildings in the past. >> All right. >> Is it available? >> Uh is there anyone else wishes to speak to this? Come on up. Uh you got to come up. >> [laughter] >> We But, we can't pick >> up. >> Yeah, we can't pick you up on the >> I'm sorry. >> You got people at home watching. >> [laughter] >> I have a couple of pictures on on phone if anybody would like to see. >> Well, trust me, I think we've all driven by it enough times. >> You said you hadn't seen it, so then >> Yeah, well, I understand I'm just the town attorney. I trust Mike and the board to make to deal deal with the physical inspections. >> You can send those pictures to any one of us on the board. >> Well, keep in mind I do not doubt anything I'm hearing tonight, just that I haven't seen the house, that's all I'm saying. >> And trust [clears throat] me, we're frustrated also. We had a house with that I just talked about, it took us 5 years to get it done. So, it people have rights and they'll they'll run that court and that they'll play that silly game till they're blue in the face and it it it it is very frustrating for us also. >> You know, the town has had a history of trying to work with people, but at sometime enough is enough. It just is a slow process and once we get to the legal process, it even gets more slow, but we have to go that road at some point in order to the point where there's nothing left for us to do but proceed as best we can through legal channels. >> So, as of tonight, we'll this resolution will move forward and we'll work with Mike to get somebody out there to at least see if we can get that thing secured so the kids can't get in the building. >> Just 1 second. From your From what what I seen was the front window, they put they put a board over it which really is not secure at all. The front door is not secure, the garage door has a piece of plywood over one panel and I have no idea on the back end if it's open or not open, but you could go with a contractor and figure out how to secure the home. >> Are we doing anything about the deck cuz it sounds like the deck was a mess, too. >> Those people wanted to speak. >> I I think you're they're here for Peterson Road. So, this is for Township Drive. Anyone else wish to speak about this for Township Drive? Going once, going twice. All right, I'm going to I need a motion to close the public comment portion. >> I'm moved to close the public comment portion of this hearing. >> Second. >> All in favor say aye. >> Aye. >> All right. Uh What is the board's pleasure? >> Uh I'll move to uh first off secure the premises for safety reasons as we discussed. Let the uh building inspector or building officer anyway work with a contractor. That would be part of mine to secure the building, number one. Number two, I'd move to pass the resolution ordering abatement of the nuisance condition at 5500 Township Drive. >> That's with all the Okay, we got it. Uh I have a second. >> Second. >> All right. Motion's made and seconded. All in favor? >> Aye. >> And then uh Mike, you'll be working on that tomorrow right away? >> I can, yes. >> All right. All right. Thank you. Moving on. Uh 7B, this is 5470 Peterson Road. Again, this is a public hearing. So, I need a motion to waive the reading. >> I'll move to waive the reading that the it was properly published for a public hearing for 5470 Peterson Road. >> Second. >> Motion's made and seconded. All in favor say aye. >> Aye. >> Opposed? All right. Mike, do you want to give us a review on that one? >> Uh for the town board this evening, uh consider a resolution ordering abatement nuisance condition at 5470 Peterson Road. Uh in the order for correction, it's requesting the demolition and removal of the fire-damaged single-family dwelling, including all structural uh components, foundation, accessory structures damaged by the fire, and all associated debris. Um upon completion of the demolition, um, all foundation materials uh, shall be removed unless approved by the town after inspection. Final item, upon completion of all required work, the property shall be left clean and safe and in a sanitary condition. Um, in the ordinance, uh, similar to the previous one, um, the resolution, ordering the correction, uh, correction action within 30 days is left blank on this resolution. Um, and then again, in the event the owner uh, fails to comply with the resolution, the town has the 30 to, um, abate that nuisance condition recoup the cost from Uh, in the packet, again, um, July 13th, written notice went out to the property owner, informing them of tonight's public hearing. Um, extensive list, uh, uh, went out in that notification. A lot of the items on the original notice have been resolved. There is an inspection report in your packet. Inspection July 22nd, I met with the owner, owner's representative on site. all the personal property and fire damage and junk cars were removed. All the interior personal property that was burned or water or smoke damage was removed from the property. And it is really basically just remove fire damage struck. In your packet there there is an email response from the property owner explaining the steps that they have taken. I'll add that proper steps have been taken. The asbestos removal was completed. Testing was done. Environmental reporting was completed. Pre-demolition inspection by the county. And the owner is currently been working with XL to get the meters the gas meter moved and some other electric meter issues. Email response from the property owner is asking for additional 30 asking for 30, 60 to 90 days extension compliance. That's all I had on that. If you had any questions. >> That's questions. >> You say you gave a time frame of what 30 to 90 days on it? If they're not making significant progress Can you shorten up that time? >> Um it's at the board's discretion. That's time frame. >> Well, if they're not making reasonable progress, I guess I'd like to tighten up their time. I think the neighborhood's fed up with that property, too. >> Uh the date of the fire was end of February? >> I believe February 8th, possibly right in there. >> So, we're already going on 6 months. >> Correct. >> Any other questions, comments? >> I agree with Beth that you know, a short extension is fine. I'm not interested in 90 days. That'll get us to the winter time and then there'll be another reason why they can't do anything. So, as I'm concerned, 30 days before we do it. >> If they start right now, they can have it, you know, substantially complete. They'll have 90 days of decent weather. Otherwise, it's, you know, it's just pushing the problem out. >> Wait for public comment. You'll get a chance. >> All right. Uh Chad, this will still run the same process with this resolution? >> Well, keep in mind, this is a little different in that the the town line prop- town line property we just talked about there, that involves re- rehabilitating the house. In this case, we're talking about requiring it be demolished, removed. That doesn't mean they can't rebuild it, okay? That's a different issue. But this is only deals with demolition of the of the of the existing damaged structure. That's all it deals with. >> All right. >> So, it's it's it's different. It's different. >> Okay. Are there any other questions of the board? Or Mike? All right. I need a motion to open up for public comment. >> I'll move to open the hearing up for public comment. >> Second. >> Motion made and second. All in favor say aye. >> Aye. >> Aye. >> All right. Uh the applicant's here. You want to come on up? Need your name and address for the record. >> My name is Janette Miller. 5470 Peterson Road. Um Piper Township. 55127 >> Okay, well, you understand where we're coming from. Uh as of tonight, we're going to give you 30 days to not get that building knocked down. >> I We do understand where you're coming from. The The only reason we don't have it knocked down already is we want to have someone scheduled to rebuild right behind us. >> So that it's closer. >> this long to follow the uh procedure for getting asbestos testing because and to get rid of things. We followed the procedure of the county and the city and the EPA and that's why it's taken this long to get this far. >> But as of >> We turned in all that paperwork along the way. And we just got, you uh 1 month ago >> demolition I mean, demolition >> So you've got your permit. >> contractors and subcontractors about to work. >> Because >> Mike, there has been a permit issued for demolition? >> Uh the town has issued a demolition permit for that. >> Do you recall the date? >> 226 >> Uh >> And so now we're going into August. What's the hold up? >> Like I said, >> Have you finished your Well, that, you know, he's lining up the rebuilding. You don't really, you know, dem- demolishing a property can stand on its own. >> I understand that, but right now it's all boarded up and locked up. It's safe. We've removed all the toxic >> But it's still an eyesore for your neighbors and I think that's the That's the big issue. >> And we're also keeping the foundation. We're not going to take all the foundation. >> That can be inspected. That's >> So >> I mean, I've asked Mike to take a look at it. Um but, you know, whoever we need to have inspect it. We've had a couple of, you know, restoration companies in there. >> So, if you've got built or you've got the permit to knock it down. >> Yep. >> And you're going to save the foundation. >> Correct. >> You could start tomorrow. >> I agree, but one company we're we're thinking about using for part of it doesn't want to work behind us if we tear it down. They want to do that for us, you know. So, we're working on that. >> Well, we understand the board's position to give you another 90 days. That's going to put you into the winter. >> No, I understand. We want to be dried in before winter. >> And we will be. >> We're not trying to drag our feet. >> We get continual complaints from your neighbors, which is why we're putting pressure on you. >> I don't know about but I'm not sure who is >> Well, they're not going to necessarily say it to your face. I I can tell you that's that's human nature. Behind the scenes, people are not happy. >> Okay. Well, >> So, I you >> Like I said, I not for immediate neighbors, anyway. They've been really decent, understanding. They they certainly They certainly have been. >> So, you want to see some positive steps to demolition. >> Well, we're going to >> have been doing that. >> Well, I mean >> It's still standing. >> We're about I understand that. >> It's been since February, so >> Yep. >> And you really could split the work. It's not an issue, it's, you know, I've been in construction for years. It's it's not an issue. >> It's a choice. >> What do you mean? >> You can you can do the demolition, and then you can have them rebuild. >> No, I understand that, and that's what I'd like to do. It's the only thing that's held me back from the one company that we had kind of lined up to rebuild behind us wants to do the demolition. They don't want to rebuild behind us, so that means looking at other people and interviewing them. >> They all have time for They all have time frames when they want to do the work, but the problem is we have time frames, too. >> Right. We understand. >> All right, anything else? All right. Thank you. All right, is there anyone else would wish to speak to this piece of property? Full disclosure, I live on that road, so >> [laughter] >> you're familiar with it. Yes. >> [clears throat] >> Live in the dream. >> All right, hearing no one else, I need a motion to close the public comment portion. >> I'll move to close the public comment portion of the hearing. >> Second. >> All in favor say I. >> I. >> All opposed. All right, what is the pleasure of the board? >> Pleasure, I'll make a a motion to pass a resolution ordering the abatement and nuisance condition at 5470 filling in the resolution with an Do we have to put in the extension for 30 days? I mean, there it says the owner of the property located shall shall commence corrective action within >> Well, that's that's what Mike had said, it's it's up to our discretion. >> Okay, well. >> I mean, you do have to give it a date by which it has to commence and a date by which it has to be completed. So, >> What do you feel comfortable with? >> 30 days. >> All right, so we'll read 30 days. >> And then the number of the resolution 2647. >> Sure. >> So, amended. >> And I'll second. >> Mr. Chair, if I may. >> Yes. >> You got to keep in mind that paragraph five of the resolution states shall commence corrective action within You're saying 30 days. It doesn't say completed in 30 days, it says commence within 30 days. >> That's correct. >> Okay, so we're all fine with that. Okay. >> Well, I'll give him 30 days to get his things like all his ducks in a row, but that's the end of the line. >> Okay. >> All right, motion's made and second. All in favor say I. >> I. >> I. All opposed. That motion carries. All right, folks. Uh Let's see. Item 8A we already covered under consent. We have no added agenda items. Item 10 is open time. Anybody want to speak to something we didn't cover tonight? Come on up. Name and address. >> Mary Fehi. 5301 80 Circle. Township. >> Julia Lehman, next door neighbor, 5305. >> You better speak up. We we >> Julia Lehman, next door neighbor, 5305. >> Jill? >> Julia. >> Julia. Thank you. >> And once again, I just want to start out by thanking Brad for fielding all of my many emails over the last several months. And you know, we we are now at a point where you guys in December passed the resolution Um the court just today posted their final order on the property at 25 37 So, we don't need to discuss what has come before. I have my frustrations about that, but we won't need to discuss that. But what what I do want though Um the court You You've all seen the court order? >> I just heard about it today. >> Okay. So, the court has um had the attorneys for Kushner Properties and for the township work together to determine a path forward. Um and apparently, Kushner Properties wants to find value in the property. They paid the back taxes. They want to rehabilitate as opposed to having it demolished. But they've set a timeline. And um there are four dates for that. The first one happens in 2 days. Um that they need to submit rehabilitation plans. Presumably to the building uh, inspector, presumably. So, yes? >> That is correct. >> That's correct. So, um, and then August 17th, if they have, uh, uh, submitted plans that address what was in resolution uh, 25-29 to your satisfaction, then the township is to issue permits. October 19th is when a progress report has to get filed with the court, and they have until November 30th to get a certificate of occupancy, which kind of makes me nervous cuz y'all are saying, "Oh, that's into the winter." And it is. They can apply for extra time if they're making good progress. Great. So, my question is that I I want to know who is going to be tracking the Western Property's progress through this timeline and documenting it such that if deadlines are missed, if they are not complying with this what is written in the order, that we have documentation that that at some point, if need be, we can take back to the court and say, "They're not doing what they agreed to do." That's my question now is to say, "Who's in charge of keeping a file on what happens on August 5th? What happens on August 17th? Um, how how do we track whether they're making good progress or not making progress at all? Um, and, you know, at what point at what point in that process would the township think, "We can return to court. They're not doing what what they have agreed on with respect to this order." So, that those are my main questions. here. Because I Um as you know, this property has been in violation of ordinances before Clifton Properties even owned it. It was determined to be abandoned before Clifton Properties purchased it in December of 2020. Um they have been not responsive to inspections and a lot of other saber rattling, you know, we've determined this is a property and so forth. They haven't shown up until July 10th. That's when they we first heard from their attorney who said that's >> That's right. >> And and that's the first anyone in this process has heard from. So, I have like the optimistic but I I have my doubts as to whether or not they're going to follow through with what they said. Agreed to. So, >> I don't know how much teeth does this have? >> Well, Well, it has a lot of teeth but let's keep this in mind. Let's talk about what you just brought up. Good points I've already thought about, okay? If they don't file their plans by the 7th, knowing how court our judges think, I would wait until the 7th almost the 17th. If they haven't filed their plans by then, I would schedule another motion hearing for order of compliance. I will tell you what's more than likely going to happen. Is the court's going to say, you know, going to require their attorney to explain why they haven't complied. Probably a give them a bit of a bit of a chewing out but they will give them probably some additional time to comply. By that and that's the first step, you know, the plans. And they will then have a new date to plans. in which case we'll have a new date to to review them as well. If they fail to do supply that, I think at that point in time I would be forcing pushing harder to say, "Well, the court, look at they've they've now ignored two deadlines. They haven't started yet. It is time They are not taking this seriously. It's time for them It's time to give us an order to tear the property down." But you have to keep in mind that under the existing case law property owner has property rights, which the court has to protect. And they will and it wouldn't surprise me if the court maybe give them another extension. I'm just speculating, but based on experience, I think that's probably what would happen. Eventually, the court's going to get frustrated with tired of them, too. But the court is going to realize that the court's going to look at fact that hey, they do have property rights. Those property rights have to protect it. So, they're going to The court's going to go a little overboard with what you consider overboard in protecting those rights. The court would consider those consider them to be uh reasonable. I'll give an example. Uh Stillwater Avenue file, you might remember that property. That was a de- That was actually a Initially, they did hire attorneys. The attorneys never filed anything, so it was a default. The court We got the order uh the initial order on October 15th. Now, that initial order granted them the right to gave them time to rehabilitate the property. And initially, uh the court gave them until March 1st, if I remember correctly, to rebuild the property. They didn't do a thing. So, we went and went and applied for the order the final order to demolish the property, and the court, if I remember correctly, gave them another 30 days to comply. They still didn't comply after that. We finally got the order to demolish the house. So, if I remember correctly, Mike, that was that house didn't come down until about April 15th or so. That sound right? >> I'm [clears throat] not sure on the >> Okay. All right, that's I'll go I'm going from my memory. So, you see it's it is almost a 6-month process from the date we actually got a court order initially court order. So, don't be surprised if the same thing happens again. >> So, again, my question. How are we going to document this so that we have like a really disciplined process to deliver to the court should we need to? >> To answer that question, I hate to put Mike on the spot, but basically what's going to happen is this. We will set the you know, if the if they if the deadline comes and passes, I will [clears throat] ask Mike and Mike will tell me if they've if they've done it or not. I will give them, as I indicated, probably give them another 10 days because I understand how the courts work. We will then file a motion to compel them to comply. All right? Understand that hearing is scheduled to based on the court's timing, which probably would be a month. All right, but again, I would to to apply for that motion to compel, I would I would need an affidavit from Mike saying no, they haven't done anything. >> Right. And so, if they block that >> So, to answer your question, that's how we're going to do it. We're simply going to have to keep a record, you know, I'll be I'll have I've calendared all this. And if it doesn't happen, I'll give Mike a call on the 7th and find out if they filed it. If they haven't filed it, I'll calendar it out 10 days. And if they haven't filed it again, I'll get an affidavit from Mike saying they haven't done it, schedule a a >> Well, and again, you're the first deadline is the 5th, not the 7th. >> I'm sorry. Well, >> That's a minor point. But, if they don't do what they're supposed to do on the 5th, they can't do what they're supposed to do on the 17th because they have to get comments called for things that show that they're in compliance with the things that you identified in resolution 25 and 10. >> Actually, the 17th is the date by which we have to issue the permit. So, >> have to determine whether or not their plan >> Exactly. >> keep them in compliance with the township's resolution that they passed last year. >> Exactly. This I guess what I'm saying is this this could become a drawn-out affair to an extent. I will say this, that the judge involved here is an experienced judge and is he's reasonable, but he's no nonsense at the same time. He's not going to wait forever. >> Chad, is there a is there does the court hold any weight in a Save the Neighbors drop a petition? >> Nope. No. I mean, understand I'm not You can you can the petition in fact, actually, the only case I can any case I can think of that involves neighbor petitions involving zoning, the court explicitly states that neighbors the neighbors' opinions on things do not by themselves constitute a basis for an order. All right? But, that doesn't mean if you if you if you send me a petition, I won't I'll file with the court, okay? I'm just saying that don't I'm not promising that the court will look at the petition and say, "Okay, that's what the neighbors want, that's what I'm going to do." >> Okay. >> Mr. Chair, to answer residents' questions, building department will be tracking the dates uh here on out till approval from the building department to occupy the building again. >> And I'll be if it's stupid re- >> So, it's kind of on a track to to come to a conclusion. >> Yeah, there is a track here. >> So, so, you know, communication between the two of you guys is going to be super super important. >> So, just to understand, as of August 5th, you communicate that this didn't happen, you wait 10 days. Is that the timeline? >> Um Mr. Chair, I'll just add I haven't heard anything from any contractors on this issue. Yes, it's 2-day deadline here. Uh >> Again, until [clears throat] you get a permanent application, you can't see the inside of the building to determine if it's >> Submittal has to be complete and address all the issues prior to issuing permit. So, I Chad and I haven't had to discuss that language that says the town will issue a permit by the 17th. >> Just so you know, Ed, um you've already inspected this. >> This That was a while ago. >> The one that >> It was It did not get better. >> Uh >> [laughter] >> no. >> It didn't improve with age. >> It did not get better. Um the complaint for administrative search warrant was done in 2024. And um and apparently was approved and in June of 2024, you drew up what eventually became this resolution that uh that the place was unfit for human habitation. That was the determination at the time. There were a number of things that you listed in terms of incited, you know, the codes that were they were in violation of and things that would need to be addressed. I I will be completely gobsmacked if they're able to rehabilitate that house. I know they feel the property is valuable, they paid a lot of back taxes, and >> That's the kind of makes me think they want to do something with it. Cuz that's a lot of money to pony up. >> Wow. >> Well, not unless you probably not. >> I'll I'll speculate. [laughter] >> Well, yeah, I mean, I I to say if if I was going to do nothing with the house, I wouldn't have paid the tax. That That's the only thing that kind of gives me hope. >> The property itself, the house I don't think is very valuable. >> Right. >> The property itself >> I mean, that there's >> Yeah. >> property across the street that they have proposed building a 1.something million dollar structure on, and so I'm sure they're thinking maybe there is a lot of value in that piece of land. >> It's sad, but any house can be rehabilitated. That's just how much money you want to spend. >> Well, they they have a No, it's just a short term and we've been given, you know, some extensions, but >> But as of now, we're they're their nose is to the grindstone out. They will be tracked in >> Um >> All we can do is hope the courts don't help along the situation. >> Right. And also, as you've heard here tonight about other structures one of the neighbors, the the couple who lives directly across the street I I we were just talking about that, the history of what happened And they walked up the driveway, opened threw open the garage door, pointed to the open back garage door, service door and this I don't know what it is. I've never seen a like a pit, like a >> Oh, yeah, a mechanic's pit. >> Right. And I have heard from other neighbors noise. I mean, it's what they do. That there have been kids going in and out of there, and it is unsafe, and I >> Well, I highly recommend you not going over there and throwing yourself in there. >> [laughter] >> Yeah, I was shocked that they did. I was like, I don't know what's going to come around out of there, so I don't want to get close, but she was like, "No, this is this is what the kids do." So, I don't know what emergency powers you may have until they do something about >> We board this one up, too? >> What I What I do What I'll do is this, tomorrow when I get in the office, I'll send an email to the attorney and tell him that, by the way the house is unsecured. >> Well, I think they'd have some extra time on that. >> Yeah, but give me a second. Give me a second, Mary. I'd I'll let the board decide how much time I should give them. I'd normally say give them 10 days to to secure the property. By the way, I've I've I've actually seen the property myself. I went out before the hearing and looked at it. So, I know what it looks like. >> Yeah. >> Uh The Well, yeah. Uh You know what? Give them 10 days to secure the property. If they don't secure the property within 10 days, I'll tell them, "If you don't do it, we're going to do it, and it'll be a summary abatement." With that, now I understand I don't do this on my own. I have to have board approval of that. >> That's all my questions. I just was look looking for the >> Yeah. Mike and I will communicate with each other. We both have calendars on this property, and we'll stay on top of it. >> Very good. I really appreciate it. >> Thank you. >> Thank you so much. >> I understand your frustrations. We It's the same thing with all of us. >> Right. Right. >> But you It's just a lot closer to home. >> Are we going Are we going to give Chad authority to send >> Chad, do you need direction? >> Well, you really should give me a At least drop a motion directing me to send a letter to the attorney requiring that they secure >> that motion, Steve. >> That sounds good. The The address just make sure I have Is it 2530 What's the address? >> Uh >> It's 50 2537 Second Street. Um with 10 a notice of 10 days to secure the property. That'd be my motion. >> I'll second that. >> All right. Motion made. All those in favor? >> I. >> I. >> Opposed? All right. Still open anyone else? Come on up. >> It's Sue Nelson again at 5506 Daisy Court. And I just wanted I'm not sure what the protocol is on this. Uh at 1353 Jonquil there is a huge tree and it's and it's obstructing the corner of Jonquil and Fisher. And two times now I have pictures actually and two times now that I've been walking my dogs on um the north side of Jonquil to to go around the corner. I've almost been hit by a car coming around >> Excuse me real quickly, Sue. That's That corner there that's Jonquil Lane Jonquil >> Jonquil Lane and >> Yeah, so it's that corner right there. >> Yeah, yeah. >> property. >> So twice now I've almost been hit by a car because they're coming around the corner from Fisher and their vision has been obstructed and it would be likewise going Well, that's Fisher whoops Jonquil to >> [laughter] >> Fisher. I did I do have a picture of it. >> I think it's on their property. I don't It's a huge pine tree, correct? >> No, it >> Or it's that I know what it is their ash tree or is it New Zealand Christmas tree things there? >> So that is the tree. >> And we'll ask her to come down. Oh my god. Sounds like it already did. Well, it's encroaching in the right-of-way. >> It is. >> I tell you what you know what I'll do is I'll have a public works go and look at it tomorrow. >> Yeah, see if they're Yeah. >> I know I know you're a regular walker. >> I am a regular walker. Thank you. >> All right, anyone else? Hearing none. Uh we're going to have to have the room cleared. Uh we are going to need to go into closed session. >> Correct. >> With our attorney, which means we got to say goodbye to everybody. >> Just so you know, the reason we're going to closed session is to discuss the sale of property owned by the township and a uh legal issue involved that's already been raised. Not the fire contract. >> [laughter] >> All right. >> Good night. >> Mhm. >> Mhm. >> Mhm. >> Mhm. >> Mhm. >> Mhm. >> session where we discussed the the sale of town's township property and ongoing issue on Anderson Lake. >> And the township property being discussed was >> on on Hoffman Road or at Stable Properties. >> Portland Avenue. >> Portland Avenue property, excuse me. >> Second. >> All those in favor, say aye. >> Aye. >> Aye. >> Opposed. >> Aye. >> You just need to recap, Chad. >> I think the motion speaks for itself. >> Yes. >> [laughter] >> All right. >> Good work, Ed. >> Item 12, I need a motion to receive agenda materials. >> Second. >> All those in favor, say aye. >> Aye. >> Aye. >> Motion to adjourn at 8:35. >> So moved. >> Second. >> All those in favor. >> Aye. >> Aye. >> Hopefully it won't be a long one. >> Uh I was hopeful that it was going to be trying to shove everything in. >> Mhm.