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05/23/2016 MINUTESMINUTES OF SPECIAL MEETING OF THE BUILDING AND STANDARDS COMMISSION MONDAY, MAY 23, 2016 3:30 P.M. 1. Johnny Norris called the Building and Standards Commission Meeting to order at 3:30 P.M. Roll was called. A. The following members were present: Sally McEwin Johnny Norris Ben Vaughan Charles Richards Ken Kohls B. Staff present: Robert Talley Stephanie Harris Larry Wright Clyde Crews Debra Burge Robert Smith Carla Easton John Godwin C. Others present: James Litzler, Litzler Law Office, PO Box 1416, Sulphur Springs TX 75483 David Isbell, EIKON, 1405 W Chapman St, Sanger TX 76266 Melanie Kemp Okon, Estes Okon Thorne & Carr, 3811 Turtle Creek Blvd Ste 2000, Dallas TX 75219 Michael Arden, T- Mobile, 7668 Warren Pkwy Bldg 1, Frisco TX 75034 J. Stephen Walker, Moore Law Firm, 100 N Main St, Paris TX 75460 Skipper Steely David Alarid, owner of CTRA — Current Owner 2. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures ": A. 1st National Bank NW Corner Plaza (104 Bonham); City Block 8, Lot 7 Owner: CTRA Property Holdings Corp, 8004 Two Coves Dr, Austin TX 78730 Robert Talley stated brick veneer on west wall starting to separate; also masonry and brick falling off on east side wall. West wall, straps running through windows and netting holding brick veneer where separating from concrete wall. Visible cracks and stress points in veneer. Some windows will not open due to pressure on them. Anchors have also been placed inside to secure veneer back to concrete wall. Large visible gap from inside around window showing separation of veneer from concrete wall. Board that was cut to size and placed inside a window is now bowed due to pressure and building shifting. Daylight visible inside around windows. Ken Kohls — What's causing settling and separation. Robert Talley — Not sure. Robert Talley's recommendation: Repair within 90 days, or back to BSC. That may mean demo of brick veneer. Not asking demo of concrete wall. Johnny Norris — All the anchoring holding it together, is that considered secure? Robert Talley — Yes, that's as secure as it's going to get without demo or repair of veneer. Ken Kohls — Is there a danger of the brick falling off into street? Robert Talley — Don't see brick separating on other walls at this point. What fell onto the sidewalk was a piece of the cornice. Recommend when doing repairs they should address east wall as well. Ben Vaughan — When did piece of cornice come down? Robert Talley — A couple of weeks ago. Ben Vaughan — Thought there was an episode earlier than that. Sally McEwin — What do you think danger is to public right now? Robert Talley — Hard to tell. Can see there are some problems, which is why it's brought to BSC, engineer was hired to mitigate which is what netting is designed to do. Johnny Norris — Are buildings on west side occupied? Robert Talley — Yes. Ken Kohls asked to hear from Mr. Isbell. David Isbell — Licensed professional engineering in structural, geotechnical, civil and exempted. Masters in structural engineering. West wall is leaning, pulling away. East wall is where stone fell on sidewalk. In 2010, some of the facade fell off. (This is what Ben Vaughan was referring to.) Big issue is electrical service to roof. This building has windows into the elevator shaft, which wouldn't be allowed today. Electrical service comes from pole outside barber shop. Why is this happening? The brick veneer wall was not there at time of 1916 fire; was added afterwards. Found no brick ties; no header bricks. Possible they've deteriorated/rusted away. Either it wasn't tied on or the ties have deteriorated. In my opinion, water infiltration has caused this problem most likely from a roof leak. Water from a roof leak will get into the masonry and damage it, especially a freeze /thaw process during winter. So: 1. improper tying or deterioration of ties and water infiltration; 2. veneer on south and east, water infiltration as well. Right above where the last piece fell, found a big crack at that point. Believe water over time getting into this crack and causing the separation where this piece of facade fell. Notified Owner in March that this veneer needs to come down and be replaced. Will the bracing hold? Yes, but is a temporary band -aid. Long -term is take down the west wall veneer. I'd feel comfortable with my grandchildren standing on the sidewalk under the current netting area. Do not anticipate it falling, but that's not to say it can't happen. High -wind event could cause it. West wall is an immediate danger to the public. Ken Kohls — What would cause the other 3 walls to be as dangerous? David Isbell — High wind is the largest force of danger to parapet walls. Creates a vortex over the parapet, creating a suction on the facade. 2nd would be water infiltration. Makes it heavier. Owner is ready to fix the building. Standing in the way is the scaffolding to fix it. Have to scaffold west wall. Cannot scaffold the wall over electrical service. Cannot have scaffolding within 10 feet of electrical lines. Electrical has to be moved first. Recommend turn off electrical to building during repairs. Johnny Norris — Does that electrical service cover any other buildings or just that one? David Isbell — Just that building and the cell tower. Businesses below have separate service. Ben Vaughan - Hot feed just on south side of building? David Isbell - Oncor said they'll turn off immediately with notice from city. Ben Vaughan — Mortar used after fire was low- cement content, high lime. How does that affect other walls? David Isbell — Looked at mortar on rest of building, and appears to be in better condition. Ken Kohls — What about the historical consideration of all this? David Isbell — Not qualified to speak on that. My understanding is Historical Commission has given permission to replace west wall. Robert Talley — Wall did have some tie -ins, and they did break. James Litzler — Property was acquired subject to 2 easements up building to cell towers. Mr. Ahlred is ready to fix and restore as soon as possible. Owner of AT &T tower easement is Landmark Dividend. Same thing with T- Mobile/Metro PCS; Lease Advisors is landlord to that easement. Electrical power is powering these cell towers. Various discussions have taken place on how the easements can be accommodated to not interrupt power to the cell towers. Mr. Ahlred has offered another building he has in town where the towers could possibly be moved. Also suggested installing a power pole in adjacent parking lot. Owner is trying to find a solution. Sally McEwin — Is the easement between the buildings? James Litzler — Easement is to get power at street up through building to equipment on roof; do not know specifics of how — outside or inside of building. Ken Kohls — Does power go externally up six stories? James Litzler — All external. Cannot go inside up utility shaft because may be some asbestos abatement needed for that. Ken Kohls — What about the elevator shaft? James Litzler — Not sure. Johnny Norris — Are we talking about temporarily shutting off the power? James Litzler — For as long as the building repairs take would be ideal for the Owner so it's addressed once. Melanie Okon — AT &T's power is on the west wall. Agreed to move power from west wall to tie into south wall where Metro PCS power is located. Were told work could proceed. Did so at AT &Ts expense. Heard nothing else until May 15t'. Easements were granted prior to Owner purchasing building, so he receives no income. Has stated he doesn't want the towers on the building. Lines are in full conduit; found no OSHA regulations regarding the 10 -foot boundary for scaffolding. Asked for back -up, have not received anything. Trying to find out why scaffolding can't go up since it's in conduit. This is the primary tower for AT &T servicing the Paris area. Power interruption could cause safety issue to those without land lines. The line was moved to the south wall to allow repairs to go forward, and now being told work can't begin. But haven't received any back -up as to why. James Litzler - OSHA regulation 1926.451 (f)(6). (Included in packet provided to BSC members and City.) Melanie Okon — This is a low- voltage line, putting it in the bottom tier of this regulation. Owner wants tower off the building. Moving the tower would create a permit issue, and be about a six -month process. James Litzler — Owner has said the problem is he needs to repair the building, and in order to that the power needs to be re- routed. Where the power is on the south side of building will be in the way of the scaffolding. Melanie Okon — We were all in agreement where the power was going to go. Ben Vaughan — What is voltage in line? Melanie Okon — Not sure, but it just runs antennas, it's very low. David Isbell — Just to clarify, the service from the pole in front going across the side of the building to the widow -head is not in conduit and that's where the scaffolding needs to go. That wiring is the issue. Melanie Okon — Have not been told this; can be looked at. Stephen Walker — Representing Lease Advisors, landlord for T- Mobile. Previous owner sold the easement; runs with land and are passed on to future land owners. Current Owner has a duty not to interfere with this communication easement. It is a specific easement stating where lines and antennas go. (Handed out layout of AT &T service area covered by tower.) Anyone in this service area would be without service during outage of this tower. 911 emergency concern. Conduit runs along Bonham street up the side of the wall, has been there for 6 weeks. Took a day to day -1/2 to move line; can move another 10 feet. But having no power to the building at all would interrupt tower service. Request order from BSC include right for power to continue to these towers. Johnny Norris — Objective of BSC is to see the wall is repaired and brought back into standards. Issue with cell towers doesn't conflict with the repair of the wall, in my opinion. If they have to be moved, OK, but they don't appear to be in the way. Ken Kohls — BSC can say `fix the wall.' Lawyers have to protect their clients to get that done. Stephen Walker — Also important to cell tower customers for safety reasons. Johnny Norris — Can you tell us the easiest way to remove the power from pole? Stephen Walker — First we've heard that it's the power pole that's the issue and not the conduit. Sally McEwin — Do the tower owners have options to supply power without it being on the south side of the building? Stephen Walker — Would have to find out from the utility companies. We would have moved them as far as needed, but were told where they are was sufficient. Trying to avoid having power cut off. Melanie Okon — Line from pole is owned by Oncor; they would have to be involved in moving that power. Michael Arden — The telephone pole and service from it are owned by Oncor. All parties met on the rooftop and were told if moved off the west wall, that would be acceptable. Would allow repairs to go forward. Can have line and conduit moved in a matter of days. Service from that pole feeds just the towers. Stephanie Harris — To clarify, BSC has authority to order the building be repaired. Nothing in the ordinance to issue specific orders of what's to be done and how. Ken Kohls — Agree 100 %. Sally McEwin — Do you know anything about the Historical Commissions decision on this? Stephanie Harris — Don't know. Melanie Okon — Owner's responsibility to repair wall. David Alarid, Owner — Everything being said against me here today has been a lie. I have requested the cell phone companies move the power. Have never instructed them where to put the power. Did tell them where they moved the power lines would interfere with the scaffolding. The equipment (towers) has to come off so the roof can be repaired, which is necessary to repair the other walls. Cannot fix the building as long as the towers are on the roof. Only have a 2 -year window to do the repairs. Attorneys have not been cooperative; we never instructed them where to put the power. Johnny Norris - This commission can only deal with the substandard condition of the west wall. Ken Kohls - Comments have been made that you do not want the towers on the building. David Alarid - I don't care; I just want to be able to repair the building. David Isbell - Regarding the repairs, the penthouse has to be repaired, and this cannot be done with the towers attached to it. Major conduit has to be removed. Johnny Norris - BSC will deal with the west wall. Melanie Okon - Will leave copies of a -mails of communications with Owner's attorney regarding power. James Litzler - Have rebuttal e- mails. Johnny Norris - At end of 90 days, will it come back to BSC? Robert Talley - Yes. Recommend repair within 90 days of west wall or back to BSC. Repair may involve demo of veneer. Ken Kohls - Would like that re- worded to repair west wall to be satisfactory and safe for citizens of Paris. Motion was made by Ken Kohls, seconded by Sally McEwin to accept Robert Talley's recommendation, with re- wording by Ken Kohls. Motion carried unanimously. 5 -0 3. Adjournment. Motion was made by Sally McEwin, seconded by Ben Vaughan to adjourn the meeting at 4:45 pm. Motion carried unanimously. 5 -0 APPROVED THIS 27th DAY OF JUNE, 2016. do /I'- 'ehairmafi