HomeMy Public PortalAbout11-13-1997 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND,INDIANA,NOVEMBER 13,1997
The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday,
November 13,1997,in the Municipal Building in said City. Chairperson Bob Goodwin presided,with
Bruce Metzger and Assistant City Attorney Steve Rabe in attendance. Robin Henry was absent. The
following business was had to-wit:
APPROVAL OF MINUTES
The minutes of the November 6, 1997 meeting were approved on a motion by Metzger,second by
Chairperson Goodwin and carried on a unanimous voice vote.
CLAIMS FOR PAYMENT
Claims for payment submitted by the City Controller's office were read by Metzger who noted they totaled
$114,728.91 and moved to approve,second by Chairperson Goodwin and the motion was carried on a
unanimous voice vote.
NEW BUSINESS
A.City Attorney Bob Bever brought before the Board information about an insurance claim
settlement in which Firefighter Sydney Scott Simmons was involved.Bever told the Board that as
a result of an auto accident in May 1994,Simmons had filed suit against a third party auto driver
and it had been in litigation since that time.He stated that some of Simmons'medical bills have
been paid by the City through the insurance company totaling$8,221.61.Bever said when the
City's insurance company pays the medical bills for someone when they are suing someone else,if
that results in a successful judgment,the City pays one third of what it would collect from the
plaintiff to the attorney,and in this case it is Robert Burton.
B. Bever explained the theory behind that is that the City is benefitting from the attorney's time
spent and there would be no money at all had it not been for his efforts,therefore the payment.He
said this practice is very common and is called a subrogated right.Bever said this suit had been set
for trial next week but was settled Wednesday for$140,000,which was less than the demand made
by the plaintiff.Therefore,Bever said,it is up to the City to attach its subrogation and in his
discussion with Burton and the City's insurance company,Benefit Systems Inc.which is handled
by Jan Hibner,the discounting of the third would reduce the amount by$2,740 to a not of$5,482.
He added that because the plaintiff took something less than what he wanted,Bever recommended
and Burton agreed that the City would take$5,000 in full satisfaction of the City's claim and
further discount the$482,subject to the approval of this Board.
Therefore,Bever said,the proposal is that the Board accept$5,000 as a complete settlement of the
City's subrogated lion of$8,222.61 on behalf of Simmons.If the Board agrees,he said,the motion
would be to approve that sum as satisfaction.Metzger moved to approve to accept the$5,000,
second by Chairperson Goodwin and the motion was carried on a unanimous voice vote.
B.Fire Chief Mike Allen informed the Board that when the bid was received last week for the
heating and air conditioning system at the Fire Station No. 1,the bidders and the public were led to
believe it would be awarded at this meeting.He said he merely wanted to clarify that and inform
the Board and all concerned that the recommendation will be brought back at the next meeting
November 20.
Board of Works Minutes Cont'd
November 13, 1997
Page 2
OTHER BUSINESS
A.Chairperson Goodwin said since the Board meeting during Thanksgiving Week happens to fall
on Thanksgiving Day,it had been suggested it be moved to 5 p.m.Wednesday,November 26.He
so moved,second by Metzger and the motion was carried on a unanimous voice vote.
ADJOURNMENT
There being no further business,on a motion duty made seconded and passed and carried on a unanimous
voice vote,the meeting was adjourned.
Robert Goodwin,Chairperson
ATTEST:
Norma Schroeder,Clerk