HomeMy Public PortalAbout09-25-1997 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, SEPTEMBER 25, 1997
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m.Thursday, September 25,
2 1997, in the Municipal Building in said City. Chairperson Bob Goodwin presided, with Bruce Metzger, Robin
3 Henry and Assistant City Attorney Steve Rabe in attendance. The following business was had to-wit:
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5 APPROVAL OF MINUTES
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7 The minutes of the September 4, 1997 meeting were approved on a motion by Henry, second by Metzger and
8 carried on a vote of two, with President Goodwin abstaining because he was absent for that meeting. The
9 minutes of September 11, 1997 were approved on a motion by Metzger, second by Henry and the motion was
10 carried on a unanimous voice vote. The minutes of September 18, 1997 were approved on a motion by
11 President Goodwin, second by Metzger and carried on a vote of two with Henry abstaining because she was
12 absent for that meeting.
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14 CLAIMS FOR PAYMENT
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16 Claims for payment submitted by the City Controller's office were read by Henry who noted they totaled
17 $493,666.50 and moved to approve,second by Metzger and the motion was carried on a unanimous voice vote.
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19 BID OPENING
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21 A. Paving of 3 City parking lots.
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23 1. President Goodwin read the quotes from the only bid received which was from Milestone
24 Contractors, noting the project would be completed by October 30. He gave the bid to City Engineer
25 Bob Wiwi for evaluation and recommendation later on in the meeting.
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27 REQUESTS
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29 A. Fire Chief Mike Allen brought before the Board a second request from Elizabeth Lee, the Richmond
30 High School 1997 Homecoming Chairperson,to use another truck for the parade Thursday, October 9.
31 He said the second aerial truck will be out of service that week for repairs. He said he had talked to
32 Coach Bryant about his concern with the safety of students riding on the pumper truck, adding that the
33 Coach assured him they would be well supervised. Chief Allen said the football team and the
34 cheerleaders look forward to riding on the fire trucks in the parade, noting it is the high point of the
35 parade for them. Henry moved to authorize the use of Engine No. 1 in the homecoming parade,second
36 by Metzger and the motion was carried on a unanimous voice vote.
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38 B.Assistant City Attorney Steve Rabe explained to the Board the request for a policy change in the Fire
39 Department made by Chief Allen. Giving the background, Rabe said that in 1995 this Board adopted a
40 policy as requested by former Fire Chief Jim Sticco that required all probationary firefighters to obtain
41 their E.M.T. certification while they were on the probationary status. In November of last year, Rabe
42 continued, Chief Allen asked for that policy to be modified so that it stated the probationary firefighters
43 achieve the E.M.T. Certification as soon as possible. Since that time, he said,the Board has approved
44 all probationary firefighters subject to successful completion of the E.M.T. Certification.
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46 Rabe said pursuant to a grievance filed by the union and a meeting to speak to the issue,the union is
47 requesting a change in that policy. He explained that one of the reasons the administration agrees is
48 because that cannot be done under the current contract because once they are off the probationary
49 status'that certification cannot be maintained. He said that would be a working condition covered by
50 their contract.
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52 It is the feeling of the administration, Rabe said, that they request the policy be changed so that
53 probationary firefighters no longer have to take the E.M.T. classes, although the department does
54 support those who wish to take the courses and those who obtain the certification are financially
55 rewarded. He said it does not make sense to require certification be obtained when it cannot be
56 required that it will also subsequently be maintained. Rabe said that is something the administration
57 would like to negotiate in the next contract.
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59 Rabe explained the change the administration is asking for is that probationary firefighters will no
60 longer need to become E.M.T. certified and to clarify that none of the firefighters removed from
61 probation contingent upon them subsequently completing the E.M.T. class will be dismissed from the
62 Fire Department for failure to do so. He said this is at the request of the union, adding that the goal of
63 the fire administration is that eventually it will be able to require all firefighters to obtain the certification
64 then subsequently maintain it. Henry moved to approve the change of policy, second by Metzger and
65 the motion was carried on a unanimous voice vote.
Board of Works Minutes Cont'd
September 25, 1997
Page 2
1 C. Jenni Christensen of the YWCA explained the Purple Ribbon Campaign to be held locally the week
2 of October 19-25 for the third annual YWCA Week Without Violence. She said they will be asking
3 individuals to tie purple ribbons around trees or lamposts near the entrance to their homes or buildings
4 as a symbol of their commitment to non violence. She said they are also requesting this Board
5 authorize the tieing of purple ribbons to street lights on both North and South A Streets between 2nd
6 and 18th streets as well as around the columns at the entrance of the City Building. Metzger moved to
7 approve the request,second by Henry and the motion was carried on a unanimous voice vote.
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9 President Goodwin commented that the use of the street lights would be subject to Christensen getting
10 the approval of Richmond Power& Light.
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12 D. Captain Farmer read a request from the Rev. Dixie Miller of First Christian Church for the
13 approximately 100 people participating in the CropWalk to use the public walkways and crossings from
14 1:30 to 4 p.m. Sunday, October 5. He said this is the fourth year for the walk which will begin at 10th
15 Street Park, traveling east to Glen Miller Park and returning to the point of origination. He also added
16 that this is an ecumenical walk that includes 12 to 20 congregations, according the Rev. Miller's letter,
17 adding that based upon past experiences, the Traffic Division would recommend approval. Metzger so
18 moved,second by Henry and the motion was carried on a unanimous voice vote.
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20 E. The route for the Heartwalk which will be held at 7:30 a.m. Saturday, October 11, was brought
21 before the Board for approval by Captain Farmer who said several individuals and businesses will be
22 participating in the event which is in conjunction with the local American Heart Association. He said the
23 group will meet in Glen Miller Park in front of the band shell then walk west on U.S. 40 to either the
24 Wayne County Courthouse or the Muncipal Building and turn around and return to the park with the
25 estimated time being about two hours. He said about 500 participants will be walking on the sidewalks
26 and observing the traffic laws and signals. Henry moved to approve the route, second by Metzger and
27 the motion was carried on a unanimous voice vote.
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29 BID AWARD
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31 A. Wiwi returned to the room, saying he had reviewed the proposal of Milestone Contractors and since
32 the amount is within the estimated cost of the project he recommended the Board accept the proposal
33 of the overlay of asphalt of the three parking lots. Henry so moved, second by Metzger and the motion
34 was carried on a unanimous voice vote.
35 •
36 B.Two bids were received for the Phase II Tree removal. Metzger read the bid submitted by Townsend
37 Tree Removal Service of Muncie with a quote of$15,370 for the removal of 24 trees and$1,460 for the
38 removal of 19 stumps. Henry read the bid submitted by Larry Fitzwater Tree Care of Greenville, Ohio
39 with a quote of$10,600 for the removal of 24 trees and $1,140 for the removal of 19 stumps. President
40 Goodwin said both bids would be submitted to the Purchasing Director and would be brought back to
41 the Board.
42
43 DECISION ON FIRE DEPARTMENT GRIEVANCES 4 AND 5
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45 A. Metzger read the letter from Assistant Chief Jerry Purcell, stating that after checking with the
46 National Fire Protection Association it was learned they had no standards related to training in
47 inclement weather. In checking with the other second class cities, he noted that most do not have them.
48 Fort Wayne has a policy that if it is below 10 degrees or above 92 degrees the firefighters do not train
49 and in Muncie it is below 32 degrees or above 92 degrees. Purcell said 10 cities had been contacted.
50
51 Tim Thomas, president of Richmond Firefighters Local 1408, said the N.F.P.A. 1500 which sets
52 guidelines for the Fire Department had in its appendix weather factors, which addressed heat and cold
53 in Section 11. He said one of the recommendations of an OSHA committee which had guidelines where
54 potential risk factors would come up,did not go into depth as the union would like.
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56 Metzger said he was reluctant to put a fixed standard down, adding that what came out of the last
57 hearing was recognition from the chief that the training was a little excessive because of the comments
58 that Purcell talked with the training officer about holding the time to one hour. He said he is not sure
59 how the Board can come up with definite standards other than to say they should be watched very
60 closely keeping the welfare of the firefighters uppermost in importance.
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62 President Goodwin said Chief Allen had indicated in the grievance hearing that the safety of the
63 firefighters is the chief priority. Metzger said he agreed that the training committee fits in well with the
64 NFPA standards, noting the committee should help ensure the conditions are safe for the firefighters.
65 He said the committee should be actively involved in the training procedures.
Board of Works Minutes Cont'd
September 25, 1997
Page 3
1
2 President Goodwin moved that the Board uphold the decision of the Fire Chief that the responsiblity of
3 the training be that of the Chief and encourage him to keep the health and safety of the firefighters
4 uppermost in importance. Metzger added to the motion, noting that the training committee should be
5 used in those situations to make sure nothing has been missed.The motion was passed two to nothing,
6 with Henry abstaining because she did not sit in on the initial grievance hearing.
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8 B.The decision on Grievance No.5 was preceded by the following action:
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10 1. In response to a request by President Goodwin of additional information, Fire Chief Allen said he
11 had found it interesting in Thomas's remarks at that hearing that the key word, he feels, is advisory. He
12 said, at no time, did the Fire Administraiton say it did not think that was an important element in
13 developing the training programs or any other discussion about training. He said he feels an imporant
14 role for the committee to take is to be actively involved.
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16 Chief Allen said he feels the reason they are all here today is because of the use of the term policy
17 maker in the initial grievance. He said he feels the committee in an advisory position is very imporant
18 because it is good to have diverse recommendations coming to the administration from different groups
19 such as seniority and age.
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21 Thomas responded, saying that he felt that was agreed upon at the grievance hearing, adding that the
22 policy making language was too strong. However, he said, he wanted to clear up the fact that the
23 training committee is not a union committee, but is a Fire Department committee in that it is made up of
24 two selections from the administration and two from the union and one agreed upon by both the
25 administration and union.
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27 He said there had been some tremendous turnarounds in the training in that at no point was the
28 committee being consulted as to how the training is conducted. He said there is a class going on now
29 with no input by the training committee, adding that it had not been asked for ideas nor the outline of
30 the class. He said the feels the training committee needs to have an active role in setting the training,
31 adding that the Fire Chief has the final say. He added that the training committee is referred to in the
32
33 contract so it has to have a purpose and should be defined.
34 President Goodwin said as a result of the information provided at the grievance hearing Chief Allen had
35 indicated there had been an effort to involve the committee, but there was no interest. He said he felt
36 there was a willingness to work with each other shown at that time, adding that he feels the issue of
37 who makes policy is not the question but it is just a matter of the Chief and the Training Committee
38 getting together which seems to be what both sides want. He said the initial point of the grievance was
39 policy making and there seems to be no question that is the responsiblity of the Chief.
40
41 Metzger said it was agreed that the policy making lies solely with the Chief, adding that the statutes say
42 that. However, he said, he is not content to let the decision stop there, but this Board cannot spell out to
43 the Chief or to the union what the duties of this committee are. He added that he feels the contract has
44 not done a very good job of that either. He said he does think, however, that the two sides can work
45 together and make some good use of this training committee since both sides agree that the committee
46 is there for a purpose and has been under utilitized for whatever reason. Metzger said he would
47 encourage both sides to make use of the training committee.
48
49 Chief Allen said, in his defense, he wanted to comment on what Thomas had made reference to earlier
50 which was that the administration had sought no assistance from the training committee in regard to
51 this present class, adding that the statement was totally false. He said long before the class was
52 implemented he had requested the input by the training committee and the verbal response from
53 Thomas was that the provisions for that particular rank was in the contract and that is what the
54 administration developed and implemented this class around. He said input was requested but none
55 was given.
56
57 Chief Allen admitted that there are some communication gaps and added that he is willing to try to
58 improve that. Responding to the statements made by Chief Allen, Thomas said the Chief came to him
59 and asked him to develop criteria for promotions and he went over that and found the contract is very
60 clear when it comes to engineer promotions you have to meet the requirements of N.F.P.A. 1002. He
61 said the entire department is sitting through this class now, and he said he did not know that was
62 coming. He said it is a good class, but added that if some input had been taken from the union
63 standpoint it probably would have been implemented a little bit different than what it is.
64
65 President Goodwin said he detected a willingness on both sides to work toward the highest professional
quality of training and the highest professional standards all down the line.
Board of Works
September 25, 1997
Page 4
1 Metzger said he feels it would be a good idea to address this issue at contract time which is coming up
2 in the spring. In the meantime, he said, both sides need to use the training committee to the best
3 advantage. He added that he senses a bit of distrust on both sides, stating that that needs to be put
4 aside.
5
6 Metzger moved that the Board's decision be that the training committee is not a policy making
7 committee and that it encourage both the administration and the union to make a good faith effort to
8 use the training committee more than it has been used in the past, second by President Goodwin and
9 the motion was carried on a two to nothing vote with Henry abstaining because she was not present a1
10 the initial grievance hearing.
11
12 PETITION FOR TRAFFIC STUDY
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14 A. President Goodwin said he wanted to make Board members aware of a petition submitted by the
15 South Side Crime Watch, specifially South Q Street, relating to the entire length of that street, which
16 also contained a request for a study to be done by the Police Department.
17
18 Captain Farmer said they do have a current traffic study of the 400 block of South Q Street which is
19 about 8 to 10 months old, however, that was primarily done as a speed study. He said that study
20 revealed some excessive speeds from 3 to 4:30 p.m. and the Police Department has addressed some
21 of that with some selective enforcement. Captain Farmer said the Traffic Safety Division will respond to
22 this request and put out another traffic study to determine traffic volume and traffic speeds then get bak
23 to this Board with the results in about two weeks.
24
25 President Goodwin said no Board action is required at this time, but he wanted it on the record that the
26 petition had been received. He added that the Board will expect the recommendations from Captain
27 Farmer in the near future.
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29 ADJOURNMENT
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31 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
32 voice vote,the meeting was adjourned.
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39 Robert Goodwin, President
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45 ATTEST:
46 Norma Schroeder, Clerk
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