HomeMy Public PortalAbout03-12-1998 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND,INDIANA,MARCH 12,1998
The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,March12,
1998,in the Municipal Building in said City. Chairperson Bob Goodwin presided,with Bruce Metzger,
Robin Henry and City Attorney Bob Bever in attendance. The following business was had to-wit:
APPROVAL OF MINUTES
The minutes of the March 5, 1998 meeting were approved on a motion by Metzger,second by Henry and
The motion was carried on a unanimous voice vote.
CLAIMS FOR PAYMENT
Henry stated the claims for payment for last week were$724,990.39 and moved to approve,second by
Metzger and the motion was carried on a unanimous voice vote.
REQUESTS
A.Fire Chief Mike Allen reading from a letter concerning the disciplinary action recommendation
for Engineer Timothy Thomas,stated that he found that on February 16, 1998,Thomas was caught
in the act of shoplifting at the Kmart West store in Richmond.He said by Thomas's own admission
he was arrested and lodged in the Wayne County Jail.Chief Allen said he had violated Richmond
Fire Department rules and Indiana Code and recommended to the Board that Thomas be dismissed
from employment from the City of Richmond Fire Department.
Chief Allen explained that Thomas was placed on suspension with pay,beginning Saturday,March
7, 1998 through Thursday,March 12, 1998.Because of stale statutes limiting the ability of a Fire
Chief in the State of Indiana to impose only a five day suspension without pay,he recommended
that the Board continue Thomas's suspension without pay beginning today and continue until the
final outcome,pending any hearing or decision from the Board.
City Attorney Bob Bever said anything beyond this five day suspension is up to the Board,adding
that the statute anticipates the board will uphold the recommendations made by the Chief,and after
the Board's action a hearing may be requested by the Fire Department member.Bever said in
anticipating a request by the firefighter for a hearing,it is proper to ask if the firefighter wants a
combined hearing so that an appeal hearing could be hold at the same time as this Board's initial
hearing in determining whether or not to uphold and follow the recommendation of the Chief.
Bever said he told Thomas that would be his(Bever's)recommendation to the Board and Thomas
signed a letter of agreement to that effect.
Bever said the Board has 30 days from the time the request is made for a hearing to hold it.
Thomas said.everything Bever has said he has agreed to,adding that he had a prepared statement
which is relevant to the suspension and asked that he not be suspended without pay.
Chairperson Goodwin said he wanted to treat this only as a suspension hearing and schedule the
other hearing at a later date.Bever said he felt a motion would be in order to postpone any hearing
on the termination of employment to coincide with Thomas's appeal hearing to be held within the
next 30 days.Metzger so moved,second by Henry and the motion was carried on a unanimous
voice vote.
Board of Works Minutes Cont'd
March 12,1998
Page 2
Thomas read from a prepared letter in which he mentioned the shoplifting,stating that he was not
in uniform or on duty or conducting any Fire Department business at that time.He explained
that eight months ago he suffered a nervous breakdown and was diagnosed with clinical
depression,adding that he had seen a counselor and a nurse practitioner.He said it was determined
he had a chemical imbalance in his brain and he sought help for six to eight weeks and has
continued to see the nurse practitioner who works with a doctor who has prescribed medication.He
said this past fall and winter he went through serious bouts with alcoholism,compulsive gambling,
depression and contemplation of suicide.Thomas said after the incident at Kmart he realized he
needed help and he and his wife went to Assistant Chief Jerry Purcell's home to tell him he
(Thomas)had some problems and needed help under the employee assistance program.
Thomas said Purcell told him to contact Jan Hibner in the Human Resources Department about the
program and he called her the next day only to loam there is no such program.He said Hibner told
him it is up to each department head to appropriate money out of their budgets.He commented
further that he seemed that everyone he turned to in the City had turned their backs on him.
Thomas said he has returned to the Behavioral Health Care Associates and enrolled in the Aurora
program at Reid Hospital as well as seeking help from the Rev. Steve Abernathy,a chaplain for the
Richmond Police Department.He asked the Board not to suspend him without pay,noting that the
counseling he is receiving is quite costly.Thomas said he was initially diagnosed as an untreated
alcoholic and a compulsive gambler and he has a meeting set up with a clinical psychologist to
confirm that.He said this,too,is quite costly and he is shouldering a portion of that cost.
He asked the Board to continue the administrative leave he is currently on which affords him the
privilege of getting the therapy he needs.He added that it may be appropriate to be placed on
sickleave. A brief discussion followed by Board members as to whether or not Thomas's insurance
benefits would continue if this Board suspends him without pay.Metzger asked Chief Allen why
the recommendation for suspension without pay.Chief Allen responded by saying the charges in
this case were obvious and the suspension comes from past experience.In his mind,Chief Allen
said,there is no question about what took piece and he feels his recommendations are warranted
and the only thing available for him by law. Bever said if Thomas is suspended without pay and
not dismissed,he can certainly recover the loss of income.
Metzger asked Thomas,assuming he is not terminated,if there is some other sanction to made by
the Board Thomas responded he would take anything short of termination and Metzger asked if
suspension without pay would be one of those and Thomas said he would be willing to accept that.
Bever commented that if the Board upholds the suspension without pay at this time that can be
revisited at the hearing.He said the Board could uphold all of it,part of it and revoke all of it.
Henry said she would not want to take any action until she was sure Thomas's insurance coverage
remains intact. Bever said that could be made conditional,stating that it would be subject to his
ability to be covered by his insurance.
Metzger moved that Engineer Thomas be suspended without pay,upon the condition that
continues to have his health coverage and all benefits stay in place and that the hearing be hold
as soon as possible it appears there will not be the same type of witnesses needed as with the
previous hearing there would be little preparation time needed,perhaps about two.Bever said
would want to talk with medical personnel or any potential witnesses a week ahead of time.
Metzger asked Thomas d he would hire counsel and Thomas answered that he would have to
discuss that tonight with his wife.
Board of Works Minutes Cont'd
March 12,1998
Page 3
The hearing date was set for 5 p.m.Tuesday,March 31 in the Board of Works room with
Chairperson Goodwin stating that the meeting will be in addition to the regular Board of Works
meeting schedule for Thursday of that week.
B.Chief Allen brought before the Board a request by Walk America to use the parking lot of Fire
House No. 1 at 101 South 5th Street as they have several times in the past,as a checkpoint for the
walkers.He said it has never posed a problem and recommended the Board approve the request for
the event which will be Saturday,April 25,starting at 7:30 am. and ending at 10 a.m.Chairperson
Goodwin questioned as to whether or not Chief Allen had seen the actual route. adding that usually
the Board is asked to act on that also.He said he questioned it because of the possible use of the
Traffic Safety Division.Chief Allen said he did not know.Henry moved to approve,second by
Metzger and the motion was carried led on a unanimous voice vote.
C.Chief Allen commented that he had received quotes from GTE and Ameritech for the Fire
Department's cellular phone contract and after reviewing those had found that Ameritech was the
lowest,most responsive and responsible bidder.He recommended the Board approve the three
year contract with Ameritech pending approval of the contract terms by the City Attorney.Metzger
so moved,second by Henry and the motion was carried on a unanimous voice vote.
D.Captain Melody Truitt recommended approval of a request for a reserved hand parking
space made by Mary Watkins at 711 South 8th Street,noting the property meets the guidelines
as stated in the ordinance. Henry moved to approve,second by Metzger and the motion was
carried on a unanimous voice vote.
E.Chairperson Goodwin brought before the Board a curb cut petition for a new garage
located at the residence at 27 S.W. 17th Street,stating the garage is fronting on South West A
Street across from Westview School. Metzger moved to approve subject to the conditions made
by the Public Works and Engineering Department,second by Henry and the motion was carried
on a unanimous voice vote.
BID OPENINGS
A.Two bids were received and opened for street sweepers.Henry opened the bid received from
Brown Equipment Company of Fort Wayne stating that the bid was$179,000 with trade in
deduction of$30,000. She said there were various options listed.Chairperson Goodwin read the
bid made by Best Equipment Co.of Indianapolis which was for$157,188.He read an alternate bid
No. 1 of$205,300 less trade in leaving a not of$194,800;and also alternate bid No.2 for
$226,656 less trade in leaving a not of$216,156.He said the bids would be given to the
Engineering Department and Vicki Stevens,purchasing director,and would be brought back at a
later date with recommendations.
BID AWARDS •
111 A.City Engineer Bob Wiwi recommended the bid for the roof gutters for the Roseview Transit
Building be awarded to Joe's Gutter Service,the only bid received.Henry so moved,second by
Chairperson Goodwin(Metzger had left the meeting early) and the motion was carried on a
unanimous voice vote.
Board of Works Minutes Cont'd
March 12,1998
Page 4
B.Wiwi stated that three bids had been received for the uptown landscaping,adding that the bid
received from A.Brown&Sons Nursery Inc. was the lowest at$86,526.80.He said they were the
lowest,most responsive and responsible bidder and recommended they be awarded the bid.Henry
so moved,second by Chairperson Goodwin and the motion was carried on a unanimous voice
vote.
C.Chairperson Goodwin said one bid had been received for the carpeting for the inspections office
and that was from Newport Carpet&Appliance in Fountain City.He said the bid had been
reviewed by the Planning Department and Vicki Stevens in Purchasing and it was recommended
they be awarded the bid for$773.Henry so moved,second by Chairperson Goodwin and the
motion was carried on a unanimous voice vote.
RESOLUTION NO.4-1998
A.Henry explained that Resolution No.4- 1998 came about because of some recommendations made
by the Parking Committee,stating that it includes extending the parking to three hours in all the lots in
the uptown area where it is now two-hour parking.She said it is also suggested the parking lot
attendant at the North 7th Street lot directly north of Bank One be reinstated to give additional long
term parking in that lot.Noting there seems to be quite a need for additional reserved parking spaces
she said the committee is recommending that some reserved spaces be set aside in the lot on South 9th
Street new Bullerdick's.
Henry said the parking plan is working and is getting the employees off the streets in prime locations
but now the City has the problem of finding a place for them to go.Henry said the committee plans to
most on an ongoing basis to monitor all the progress and work out the bugs.Wiwi said with this
change it will open up 66 additional spaces for reserved parking.Chairperson Goodwin moved to
approve the resolution,second by Henry and the motion was carried an a unanimous voice vote.
Resolution No.4- 1998 will go before Common Council March 16 in the form of an ordinance.
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