HomeMy Public PortalAbout07-31-1997 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND. INDIANA,JULY 31. 1997
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m.Thursday, July 31, 1997,
2 in the Municipal Building in said City. Chairperson Bob Goodwin presided,with Robin Henry and Bruce Metzger
3 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 regular meetings of July 17 and July 24, 1997, and the executive session of July 24, 1997,
8 were approved on a motion by Metzger, second by Henry and the motion was carried on a unanimous voice
9 vote.
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11 CLAIMS FOR PAYMENT
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13 Claims for payment submitted by the City Controller's office were read by Henry who noted they totaled
14 $381,619.88 and moved to approve, second by Metzger and the motion was carried on a unanimous voice vote.
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16 OLD BUSINESS
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18 A. President Goodwin stated that Board members had met in an executive session on two occasions
19 with their attorney Ron Cross who advised them during their deliberation of the request by Fire Chief
20 Mike Allen to terminate Firefighter Sam Roberson and also placed their findings in the form of a
21 statement of proceedings. He read a portion of those findings which are on file in their entirety in the
22 City Clerk's office.
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24 Henry moved to terminate the employment of Firefighter Sam Robrston as of August 1, 1997 for the
25 reasons set forth in the statement of proceedings,the findings of facts,the conclusion of law and order
26 thereon and that said document supplemented by the Chairperson's affidavit of open door law
27 compliance be adopted by this Board and made a part of the minutes of this meetings, second by
28 Metzger and the motion was carried on a unanimous voice vote.
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30 REQUESTS
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32 A. Chief Mike Allen recommended that Charles Bartlett, Thomas Broyles and Thomas Reeves be
33 promoted to Firefighter First Class since they have passed their probationary firefighter requirements
34 and partially completed the requirements in their E.M.T. training. He reminded the Board that none of
35 the three have successfully completed the E.M.T. requirements in which they are now participating, but
36 recommended removing them from probation with the condition they successfully complete those
37 requirements. He said this will allow them to receive their benefits related to a Firefighter First Class.
38 He said the effective date for Bartlett is July 12, 1997;for Broyles, it is July 19, 1997; and for Reeves, it
39 is July 31.
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41 Chief Allen said the three have completed their E.M.T.classes and have taken their state certified tests
42 which normally take about 6 to 8 weeks to get the results. Metzger asked what happens if any of the
43 three or all three fail to pass the test, and Chief Allen said they passed their couse test, and the word is
44 if they pass that,the state test will seem simple, so he is relatively sure they will pass it. However, he
45 said, if they don't,they ahve a second opportunity within a certain period of time. He added that he had
46 not ever been confronted with anyone who hadn't passed the test. But, he said, that is part of the
47 requirements, and if they did not pass it, they would be terminated. Metzger moved to promote the
48 three with the effective dates and under the condition that they successfully pass their E.M.T.
49 requirements,second by Henry and the motion was carried on a unanimous voice vote.
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51 BID OPENING
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53 A. President Goodwin stated that four bids had been received for tree removal for the City. He said
54 after these are read they will be taken under advisement and given to the Purchasing Manager for
55 review. President Goodwin read the first bid which was from Whitewater Valley Tree Service for
56 $9,875; Henry read the second bid from Family Tree and Chipper Service of Eldorado, Ohio, noting
57 there was no total bid but a listing of individual costs for each of the jobs; Metzger read the bid from
58 Fitzwater Tree and Lawn of Greenville, Ohio, stating there was no total there, either, but each job is
59 itemized by tree and address; and President Goodwin read the fourth bid from Townsend Tree Service
60 which listed the 20 trees, individually priced.
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62 OTHER BUSINESS
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64 A. President Goodwin announced that a quarterly check for the franchise fee of TCI for$70,929.59 had
65 been received by the City. He said it covers the second quarter of 1997, and the Clerk has turned that
check over to the City Controller. He added that it is on the agenda strictly for information purposes.
Board of Works Minutes Cont'd
July 31, 1997
Page 2
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2 B. Assistant City Attorney Steve Rabe stated that Wednesday, July 30, 1997, he, along with City
3 Inspector Wayne Jackson and City Engineer Bob Wiwi had visited the building located at 1031, 1035
4 and 1037 on East Main and found that the wall is leaning out and it is about to collapse. The three
5 decided that an unsafe building order be issued requiring the building to be torn down and upon
6 contacting the owner who is in Dayton, Ohio, found that the owner was aware of the situation and had
7 on that day contacted someone to see about tearing down the building.
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9 Rabe said he has since discovered that before the building can be removed,the Indiana Department of
10 Environmental Management has to approve the demolition and that process is much quicker if it is
11 ordered by a governmental entity. He said the City's normal procedure for an unsafe building is set forth
12 in the local code and state law requires that a hearing be held and notice be given to the affected
13 property owner prior to the hearing. Rabe said filing an unsafe building order at this point would still
14 take a minimum of 10 days at this point and it was felt that this is an emergency situation and should be
15 done as soon as possible.
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17 He said he is asking the Board to enter into an agreement drafted by the Department of Law that the
18 owner has already agreed to,whereby the City will file an unsafe building order on the proeprty and the
19 order will not contain the right to a hearing but will require the building be torn down and if it is not done,
20 the City has the right to go in and tear it down and bill the property owner pursuant to Indiana law. And,
21 in return for that,the property owner has agreed that if he does not tear the building down and the City
22 is forced to do so, he will waive all the procedureal defenses he may have. Rabe said this covers the
23 City if the building is not immediately torn down, adding that the owner is rightfully concerned about the
24 liability. Metzger moved to approve the agreement to bypass the unsafe building procedure between
25 the City of Richmond and M & W Investments Inc. of Dayton, Ohio, second by Henry and the motion
26 was carried on a unanimous voice vote.
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28 ADJOURNMENT
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30 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
31 voice vote,the meeting was adjourned.
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38 Robert Goodwin, President
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42 ATTEST:
43 Norma Schroeder, Clerk
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