HomeMy Public PortalAbout08-19-1999 1
BOARD OF PUBLIC WORKS AND SAFETY OF
THE CITY OF RICHMOND,INDIANA,AUGUST 19,1999
The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,August
19, 1999,in the Community Room in the Municipal Building. Chairperson Bob Goodwin presided with
Robin Henry,Bruce Metzger and Assistant City Attorney Steve Rabe in attendance.The following
business was conducted:
CLAIMS FOR PAYMENT
Claims for payment submitted by the City Controller's office were read by Henry,who reported that they
totaled$100,938.33 and moved for approval,second by Metzger and the motion was carried on a
unanimous voice vote.
APPROVAL OF MINUTES
Metzger moved to approve the minutes of the August 12, 1999 meeting,second by Henry and the motion
was carried on a unanimous voice vote.
REQUESTS
A. Police Chief Bill Shake,reading from a letter,asked the Board to approve placing Officer
Harl Boyce on disability.He said that a meeting of the RPD Pension Board determined that
Officer Boyce did have a covered disability and that determination was forwarded to PERF in
Indianapolis for further consideration.The chief informed the Board that there is no suitable
and available work for Officer Boyce with the Richmond Police Department.He said he
would ask that the Board would concur with the decision of the Pension Board so that they
could proceed with the disability processing.Metzger asked if Officer Boyce concurred.Chief
Shake answered that he did not challenge the disability hearing nor did he present any
evidence.He did sign the form for disability,the Chief said.Henry moved to place Officer
Boyce on disability seeing that there is no suitable or available work with the Richmond
Police Department,second by Metzger and the motion was carried on a unanimous voice
vote.
AWARDING OF BID
A. Bids for the demolition of four buildings were read by Chairperson Goodwin who said Butler
Excavating had submitted bids for$3,000 for 1206 Sheridan Street and$6,500 for 500 and
502 North 16th Street;Cox Excavating,read by Henry,submitted bids for$4,400 for the
North 16th Street location and$1,600 for the North 13th location;Metzger read the bid made
by Delucio&Son for$4,200 for Sheridan Street,$8,200 for North 16th,$3,200 for North 13th
Street and$5,400 for North 15th Street;Chairperson Goodwin read the bid made by Reynolds
Service Tech for$3,250 for Sheridan Street,$4,850 for North 16th Street,$1,250 for North
13th Street and$3,250 for North 15th Street;and Henry read the bid made by Potter
Construction for$4,250 for Sheridan Street,$5,250 for North 16th Street,$12,900 for North
13th Street and$5,250 for North 15th Street.
A citizen appeared explaining he had repaired the rafters and was ready for the work on the
plywood,adding that the south wall had been painted half way and the front and back would
be done.either Saturday or Sunday of this week.He said all of the extension work would be
done by August 28`h. Chairperson Goodwin told the man that this Board could not make any
decisions tonight because it would have to go back through the inspector.
Board of Works Minutes Cont'd
August 19, 1999
Page 2
Assistant City Attorney Steve Rabe said this would have to go back to the Unsafe Building
Commission and suggested the Board take the bids under advisement.
REQUESTS(CONT'D)
B. Captain John Farmer of the Traffic Safety Division recommended to the Board that a request
for a reserved handicapped parking space be approved for Russell Lynch at 928 South 111
Street.Metzger so moved,second by Henry and the motion was carried on a unanimous voice
vote.
The Captain also brought the request for a reserved handicapped parking space made by Omie
Hollingsworth at 445 South West 4th Street to the Board.He explained this request was
previously denied,but after further review it was found to qualify under the guidelines of the
ordinance.He recommended approval.Henry so moved,second by Metzger and the motion
was carried on a unanimous voice vote.
C. A request made by the Southside Neighborhood Association for a noise ordinance was
brought before the Board by Captain Farmer who explained that they were going to have a
disc jockey from 7 to 9 p.m.Saturday,August 21, 1999 in the parking lot of the Richmond
Community Senior Citizen Center.He said the petition was signed by residents in the
surrounding area.Metzger moved to approve,second by Henry and the motion was carried on
a unanimous voice vote.
D. Another request brought before the Board by Captain Farmer was made by the Richmond
Roosters' General Manager Deanna Beaman.He said the request is in regards to a fireworks
display planned for August 28, 1999 at McBride Stadium.He recommended approval.Henry
so moved,second by Metzger and the motion was carried on a unanimous voice vote.
E. Captain Farmer also presented a request for signage in the Meadow Park subdivision.He said
he had reviewed the requests and recommended the following:
1. A"stop"for eastbound traffic on South"J"Street at its intersection with Forest Hills
Boulevard.
2. A"stop"for westbound traffic on Oxford Drive at its intersection with Forest Hills
Boulevard.
3. A"stop"for westbound traffic on Canterbury Trail and its intersection with Forest Hills
Boulevard.
4. A"stop"for westbound traffic on Brentwood Court and its intersection with Forest Hills
Boulevard.
5. A"yield"for northbound traffic on Hampton Drive and its intersection with Oxford
Drive.
6. A"stop"for eastbound traffic on Oxford Drive and its intersection with Canterbury Trail.
7. A"yield"for westbound traffic on Wellington Court and its intersection with Heathfield.
8. A"stop"for northbound traffic on South"J"Street and its intersection with South 24th
Street.
9. A"stop"for southbound traffic on South"G"Street and its intersection with South"J"
Street.
10. A"stop"for westbound traffic on Kensington Drive and its intersection with South G
Street.
11. Change the"yield"to a"stop"for westbound traffic on Chelsea Way and its intersection
with Kensington Drive.
Board of Works Minutes Cont'd
August 19, 1999
Page 3
While reading the streets off one by one,Captain Farmer explained each and the reasons for
his request.Chairperson Goodwin said the Board would take the request under advisement.
Captain Farmer responded by saying the third one,involving Canterbury Trail intersection
with Forest Hills Boulevard is a"glaring"problem.Metzger moved to approve the third
request and take the remaining 10 under advisement,second by Henry and the motion was
carried on a unanimous voice vote.
F. Captain Farmer asked the approval of the Board for a curb cut request at 1001 Indiana
Avenue where Hoosier Containers want to install a new service driveway.Henry moved to
approve with the submitted conditions by the City departments,second by Metzger and the
motion was carried on a unanimous voice vote.
G. A request made by the Rev.Bob Hendrix for the approval of a route for the annual Crop Walk
was brought to the Board by Captain Farmer.He said the event would take place at 1:30 p.m.
October.3 at the South 10th Street Park.He recommended approval of the route,stating the
walkers would be on the sidewalks uptown going to Glen Miller Park.Metzger moved to
approve,second by Henry and the motion was carried on a unanimous voice vote.
H. Fire Chief Mike Allen brought a request before the Board to approve the participation of the
Fire Department at a sprinkle party during the Relay For Life activities in Glen Miller Park
Saturday,August 21.Henry moved to approve,second by Metzger and the motion was
carried on a unanimous voice vote.
I. Chief Allen also notified the Board of the appointment of Kevin Nicholson as the new
Training Chief.In a letter stating his qualifications,the Chief said Nicholson holds a
Bachelor's Degree in Applied Science and an Associate Degree in Fire Science and has
numerous certifications from the State and the NFPA.He said Nicholson had previously
instructed classes at the State Fire School for National Fire Academy Certification as Safety
Officer and also will be teaching State Fire School this fall for the Firefighter II Test Out
Course.Henry moved to accept the recommendation of Chief Allen and welcomed Nicholson
as the new Training Chief,second by Metzger and the motion was carried on a unanimous
voice vote.
J. Captain Farmer brought before the Board a request to remove parking spaces temporarily
along the west side of U.S.27 from Main Street north to the end of the building fronting on
Main Street on the northwest corner of the intersection of 9th and Main Street and U.S.27
northbound.He said the building would be undergoing re-roofing and to get that done they
need a crane.He said it would affect only one handicapped space and 2 loading zone spaces.
He said the work would begin Monday and take 5 days to complete.Henry moved to approve,
second by Metzger and the motion was carried on a unanimous voice vote.
AGREEMENTS
A. City Attorney Bob Bever talked about the property owned by the City at the corner of U.S.27
and North 8th,adjacent to the Tice Soft Water Co. He said the administration had been
approached as to whether or not it was interested in selling the property and the Mayor and
others are willing to consider it,but it would be up to this Board to approve the agreement.He
explained that there are two methods of sale. One,he said,is similar to what was done with
the Medical Arts Building site,and that is to hold a public hearing for input on whether or not
the City should or should not sell the property.Then,he said,that requires a notice to be
placed in the newspaper.
Board of Works Minutes Cont'd
August 19, 1999
Page 4
Bever said that is followed by competitive bids and whichever is the highest as long as it is 90
percent of the appraised price.The second method,he said,is for a property which is not quite
the same value that you can use when you think it is the most likely that the adjoining
property owner,because of its size or lack of it, would be the interested party.That procedure,
he said,is simply that you first get it appraised,then after that if you go with the neighbor
property owner statute,you then can determine what your offering price is,which has to be
the appraisal plus closing cost and title insurance.
Then,Bever said,the City makes that offering price and submits it to the adjoining property
owners as well as placing it in the newspaper so that either one could make and offer for that
offering price which is the minimum bid or something above that so the public at large is not
left out.He said the nice thing about the latter is that there is some negotiating that can go on
so that once somebody,either the adjoining property owner or someone else, gives the City
that offering price the City can go back and forth to get the best price.
Bever said he leans slightly toward the latter method in this case,but he would leave it to the
Board to decide how to go about this.Either way,he said,that determination couldn't be
made until an appraisal is made.Therefore,he said,tonight he is asking for permission to
have that property appraised.Metzger asked for a better description of the property in
question.
Chairperson Goodwin said it is immediately on the left when you come around from North
Ninth Street to North Eighth Street,heading south.He said it has been used as a parking lot
adjacent to Tice Soft Water,adding that he thinks some of those parking there are SIGNA
employees.He explained that the property was originally purchased in 1992 with the intent of
buying up the entire block.He said in talking with department heads the City has found there
is no interest in doing anything with it and that being the case,he said,the City is anxious to
get it back on the tax roles and used by the public.Metzger moved to authorize the appraisal,
second by Henry and the motion was carried on a unanimous voice vote.
B. Bever also brought before the Board an issue involving Carpenter Industries.He said the City
sold the property to Carpenter in November 1996 and until that time they had just been
leasing it.He added that the City took a note and mortgage back on the property.He said
Carpenter hit some low economic times in 1998 and during that time and the first 7 months of
this year,there were no monthly payments made on that promissory note which required
interest only payments of approximately$9,000.
He said the City didn't push it,although they could have foreclosed on the first mortgage,but
he pointed out that they are in a good,protective category,seeing as though the note is for
$21/2 million and the property has been appraised for anywhere between$7 and$9 million.
He added that it is no one's intent to shut down the plant while they were working through
their temporary concerns.
Now,he said,it is the City's thought,as Carpenter is getting back on its feet that they wanted
to start these payments again to make sure they were due,plus deal with what ended up being
arrears of$178,125.He said in meeting with personnel from Carpenter and Spartan,which
came in from Michigan to become the largest shareholder,and as a result reached an
agreement subject to this Board's approval,on an addendum to that promissory note which
basically rolls over the missed interest payments plus late fees of$6,679.26 into the principal
balance so that now,the new note would be$2,684,804.
Board of Works Minutes Cont'd
August 19, 1999
Page 5
Bever said that would not change when it is due,which is November 12,2006,but would be a
new principal and the new interest-only payments would increase to reflect that higher
principal.Now,he said,the interest-only payments,starting in August,would be$10,068.02
and the City received Carpenter's payment in that amount this week.He added that Spartan
has assured the City it would remain on time every month from henceforth.
Bever said there is also the likelihood that Spartan may,in its overall refinancing,pay off
early that first mortgage to the City,which,of course would be great for the City.However,
he said,at this point he has presented the addendum which modifies the principal balance,
shows the new monthly interest payments and gets the City back in good stead with
Carpenter.Henry moved to approve the addendum as presented by Bever,second by Metzger
and the motion was carried on a unanimous voice vote.
C. Bever also brought before the Board the news concerning Officer Kenny Lester who was
involved in a tragic accident in 1995,out of which,the City,because of statutory
responsibility,was obligated to pay for his continued medical care.
He said that,to date,that amount is almost at$600,000 for the medical care,plus,another
$100,000 initially budgeted for next year.He said Lester,through his guardian and attorneys,
filed suit against the trucking company that was involved in the accident. As a result of that,
Bever said,the City joined in as a plaintiff to attempt to cover its medical bills and then the
trucking company also added the City as a defendant,saying the City played a part in the
accident because of the design of that roadway.He said they added the City and the State and
the City vehemently denied any responsibility for that and was dismissed as any possible
defendant.
As of last week,Bever said,the trucking company and Lester's attorneys have reached a
settlement,adding that he took part in the negotiations on the part of the City.He said the
settlement involves the City getting paid back$270,000 of its almost$600,000.He said two
mediations took place to get this resolved and the City's portion of those was$1,288.81,
which comes out of the$270,000.In addition to recovering this,Bever said,all further
responsibility for medical care will now be terminated with the City.
Bever said the precise amount is still subject to a confidential settlement agreement which
may come out in public through Officer Lester's guardianship hearing,but at this time,Bever
added,he did not want to be the one to reveal that amount.He did say that Officer Lester
would be taken care of for the remainder of his life.
Explaining the stand of the City,Bever said it is about half of what had been hoped for by the
Lesters,therefore it seemed reasonable for the City to recover half.He said at this time he is
asking for the Board's approval of the acceptance of the$270,000 sum as a complete
settlement of the City's subrogated right.Calling it a win-win situation,Bever said Officer
Lester hopes to get into another rehab facility that will continue any care to be given to him
and the City will finally get out of this responsibility,but knowing it will come with some
money that will help the Lesters.
The other thing,Bever said,is that if this had gone to trial and the Lesters had won the entire
amount,because of the work the attorneys had put in for the Lesters,they more than likely
would have come to the City and said they wanted their third from the City's amount.
Therefore,he said,he is fairly pleased with the overall settlement of this.Metzger moved to
approve,second by Henry and the motion was carried on a unanimous voice vote.
Board of Works Minutes Cont'd
August 19, 1999
Page 6
BID OPENING
A. Chairperson Goodwin said two bids had been received for the electrical work at all six of the
fire stations.Henry read the bid from Hill Electric of Richmond which was for$1,450 and
Metzger read the bid made by Cummins Electric Inc.for$2,190 with an alternate No. 1 to add
$1,100.Chairperson Goodwin said both would be taken under advisement and come back at a
later date for awarding.He also stated that the bid opening for the crack sealing in the North
7th Street City Parking lot would not take place as no bids had been received.
ADJOURNMENT
There being no further business,on a motion duly made,seconded and passed,and carried on a unanimous
voice vote,the meeting was adjourned.
Robert Goodwin,Chairperson
ATTEST:
Norma Schroeder,Clerk