HomeMy Public PortalAbout05-22-1997 •
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, MAY 22, 1997
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m.Thursday, May 22, 1997,
2 in the Municipal Building in said City. President Robert Goodwin presided with Robin Henry, Bruce Metzger and
3 Assistant City Attorney Steve Rabe in attendance.The following business was had to-wit:
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5 CLAIMS FOR PAYMENT
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7 Claims for payment submitted by the City Controller's office were read by Henry who noted they totaled
8 $755,545.41. She moved to approve,second by Metzger and carried on a unanimous voice vote.
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10 APPROVAL OF MINUTES
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12 Henry moved to approve the minutes of May 15, 1997, second by Metzger and the motion was carried on a
13 unanimous voice vote.
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15 REQUESTS
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17 A. Captain John Farmer of the Traffic Safety Division stated that in preparation for the opening
18 tomorrow of South 37th Street, he and City Engineer Bob Wiwi had reviewed the site along with the
19 intersecting roads. As a result, he said, they felt to increase the safety at the intersection of Hodgin
20 Road and South 37th Street it should be made a three-way stop and he requested the Board's
21 approval. He also stated that with the opening of South 37th Street, the public can expect to see
22 officers of the Traffic Safety Division quite frequently, adding that the speed limit of 30 m.p.h. on South
23 37th Street will be enforced. Metzger moved to approve the request, second by Henry and the motion
24 was carried on a unanimous voice vote.
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26 B. President Goodwin read a letter from Police Chief Bill Shake informing the Board that Richmond
27 Square Mall had donated $395 for the purchase of 250 Child Registry handbooks, adding that that
28 donation helped defray a portion of the expenses for the purchase of 500 books in the amount of$790.
29 Captain Tom Cox said the child registry program had been in effect here since 1986 and the Richmond
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Police Department goes out to several places such as the Mall and to the local schools. He expressed
his appreciation for the donation because it reimburses the department since the cost comes out of the
32 Police Department budget. He asked the Board's approval to accept the gift. Metzger so moved,
33 second by Henry and the motion was carried on a unanimous voice vote.
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35 C. President Goodwin, acting upon a request by City Engineer Bob Wiwi, expressed the City's
36 willingness to accept a street accompanied by a three-year maintenance bond. He said the request is
37 through the Economic Development Corporation that the street north of TechFab had existed as a
38 private street to serve that facility and now the company is in the process of doubling in size and the
39 intent is to improve the roadway to the City's specifications and extend it an additional 75 feet.
40 President Goodwin said in order to do that the company has requested funds from the Economic
41 Development Corporation which has indicated willingness to fund it if this Board is willing to accept the
42 roadway if it is built to the City's specifications and accompanied by a three-year maintenance bond. He
43 said Wiwi had recommended acceptance. Henry so moved, second by Metzger and the motion was
44 carried on a unanimous voice vote.
45
46 D. Captain Farmer presented three requests for residential handicapped parking spaces. The first was
47 from Lawrence Rose at 410 Richmond Avenue. He said after reviewing the residence he had spoken to
48 Rose and advised him that the property does not fall within the guidelines as set forth by the ordinance
49 because there is a garage at the rear with an operable door. Captain Farmer said he had told Rose the
50 Board would hear the request today and he could come and talk in his behalf. However, Rose was not
51 present. Metzger moved to deny the request, second by Henry and the motion was carried in a
52 unanimous voice vote. The second request, made by R. Kate Raines of 603 South 6th Street, and the
53 third made by Gladys Farr of 808 North I Street, both came with the recommendation of approval by
54 Captain Farmer. Henry moved to approve both, second by Metzger and the motion was carried on a
55 unanimous voice vote.
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57 CONTRACTS
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59 A. President Goodwin read a letter from Purchasing Manager Vicki Stevens in which she stated her
60 recommendations for the awarding of the contract for aggregate and bituminous materials. She noted
61 that bidders were Ashland Oil, Barrett Paving, I.M.I. of Greenfield, Milestone Contractors, Richmond
62 Concrete and Gravel and Stonehenge Concrete and Gravel. Stevens stated that she and Street
63 Division Manager Bill Smith had reviewed the bids, noting that Richmond Concrete and Stonehenge
64 Concrete had tied in their bids for Sections 2 and 3. She further stated that according to the Code, lots
65 should be drawn in public, and she recommended that be done.
Board of Works Minutes Cont'd
May 22, 1997
Page 2
1 Bids awarded in Sections 4 through 7 were as follows: Section 4 stone to Barrett Paving, Section 4
2 gravel to Stonehenge;Section 5 washed gravel to Stonehenge; Section 6 sand to Stonehenge; Section
3 7, paragraph 1 to Ashland Oil; and Section 7, paragraph 2 and 3 to Milestone. In keeping with Stevens'
4 recommendation, President Goodwin explained he had prepared a container with the names of the two
5 bidders and asked a member of the audience to draw one of the slips of paper. He announced that she
6 had drawn Richmond Concrete and the contract will run from May 17, 1997 through May 16, 1998.
7 Metzger moved to award the bids as recommended by Purchasing and sections 2 and 3 to Richmond
8 Contrete,second by Henry and the motion was carried on a unanimous voice vote.
9
10 B. Assistant City Attorney Steve Rabe explained that last fall the City created an Unsafe Building
11 Commission as a hearing authority to hear appeals from the Unsafe Building Law requiring people to do
12 various actions if they have a building declared unsafe. In this instance, he said, a building was
13 demolished and the rubble is still there along with a basement. He said the Department of Planning,
14 Permits and Inspections, declared it an unsafe building and the property owner was notified but did not
15 appeal as he had a right to do. Therefore, because he did not appeal and because the work order to be
16 done is for cleaning up the debris, a hearing is not required and it is at the stage where it is permissable
17 for the City to hire a contractor to perform the work.
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19 And, he said, because the amount is less than $25,000, formal bidding procedures did not have to be
20 followed. He said bids were informally requested from three contractors which resulted in a tie for the
21 lowest bid. He stated that it was recommended in a letter written by Inspector Wayne Jackson that
22 Potter Construction be awarded the bid for $3,800, using the reasoning that Potter would be able to
23 perform the work the earliest, starting June 2. Henry moved to approve, second by Metzger and the
24 motion was carried on a unanimous voice vote.
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26 c. President Goodwin announced bids would be opened for a portion of the roof at the Street Division
27 and read into the record and passed on to the appropriate authorities to review. Metzger read the bid
28 from McGuff Supply Inc. of Muncie with a base bid of $121,500, alternate No. 1 for $38,815 and
29 alternate No. 2 for $17,000; Henry read the bid from W.R. Kelso Co. Inc. in Indianapolis for$218,071
30 for the base bid, alternate No. 1 for $93,244, and alternate No. 2, $43,018; Metzger read the bid from
31 Blackmore & Buckner Roofing Inc. of Indianapolis with a base bid of $115,150, an alternate No. 1 for
32 $49,850, and alternate No. 2 for $20,000; Henry read the bid from Henry C. Smither Roofing Co. of
33 Indianapolis with a base bid of $114,992, alternate No. 1 for$36,752, and alternate No. 2 for$18,724.
34 President Goodwin gave the bids to Greg Stiens of the Engineering Department,stating that they would
35 be awarded at a future meeting.
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38 OTHER BUSINESS
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40 A. Reading from a written statement, Fire Chief Mike Allen brought before the Board a disciplinary
41 action recommendation as a result of an investigation of the actions of Firefighter Sam Roberson on
42 March 28, 1997. He stated that Roberson had been caught shoplifting at Cox's Supermarket on Chester
43 Boulevard and by his own admission and written reports by the Richmond Police Department this did
44 occur. He further stated that Roberson was off duty, wearing a Fire Department jacket with his badge
45 and insignias. Chief Allen said this was brought to his attention by rumor or gossip and he asked the
46 Police Chief to investigate and that finding was forwarded to him in the form of two reports from the
47 Richmond Police Department.
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49 Chief Allen stated that the Richmond Fire Department and the citizens of Richmond have and expect
50 high standards and trust and confidence in them as Firefighters and they have a right to expect that
51 because they are the ones to look to for saving of life and property. He said he feels Roberson violated
52 that standard,the oath he swore to uphold, the Richmond Fire Department rules and the Indiana Code
53 and the trust expected of Firefighters on March 28. He read the rule violations from the Code Book,
54 after which he recommended Roberson be dismissed from the Richmond Fire Department effective as
55 permissable by state law.
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57 President Goodwin asked the advice of Rabe who answered that the state statute says the Fire Chief
58 cannot dismiss a Firefighter and only this Board has the authority to do that. He said the procedure of
59 the statute specifies that this Board would decide whether or not to follow the Chief's recommendation
60 and if that is done, at that point in time Roberson would be entitled to a hearing and would have five
61 days to request that. However, he said, all parties involved have agreed that due to the nature of this
62 issue and this putting the Board in an awkward position of following the Chief's recommendation without
63 having had the opportunity to hear both sides, it has been decided to depart from the guidelines set
64 forth by the statute.
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Board of Works Minutes Cont'd
May 22, 1997
Page 3
1 At this point, Rabe said, the Board, rather than make a decision whether or not to follow the Chief's
2 recommendation, should set a date for a hearing at which time they will be able to hear both sides of
3 the story and make a more informed decision. Since that is the decision that this is the fairest way to do
4 this, he said, now this Board needs to set the date of the hearing which is agreeable with Roberson's
5 attorney. Rabe said 14 days written notice has to be given, according to statute, and the earliest the
6 written notice could be in effect would be tomorrow, thus he recommended the date be set for June 6,
7 adding that the time can go up to 30 days which would be June 20.
8
9 In answer to a question from the audience, Metzger said to take any comments at this time would be
10 inappropriate unless it is directed solely to the issue as to when the hearing is to be scheduled. He
11 added that there is an agreement between both sides that a hearing date be set and it would be
12 somewhat a duplication of comments for any to be made at this time.
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14 Rabe said he had spoken with Roberson's attorney this morning and Roberson came to this meeting
15 with the intention of speaking. Henry asked Rabe to address what the normal procedure would be
16 under the law and Rabe answered that normally this Board would make the decision whether or not to
17 follow the Chief's recommendation. However, he added, the statute does not address whether or not
18 the accused person would have an opportunity to speak.The statute being silent on that, he said, it was
19 decided to allow Roberson to speak on his behalf but no decision will be made. Metzger stated that he
20 would have no problem hearing brief comments from Roberson but not to allow further comments.
21
22 After a brief discussion about how many should speak and what the procedure should be, Metzger said
23 he wanted those in the audience and Roberson to understand that no decision would be made by this
24 Board based upon what is said here in this meeting. He added that the decision will be made after the
25 public hearing.
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27 Roberson, speaking briefly, said he has dedicated his life to his job and now it is going to be taken
28 away from him. He stated that he feels the people here in the audience have a right to be heard, adding
29 that they might not be able to be at the public hearing.
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31 Rabe said pursuant to standard rules and civil procedure this Board can only make its final decision
32 taking into account what is said at the public hearing. Ron Chappel said the reason he wished to speak
33 is that it might possibly alter the course of action. He said he realized that no decision is to be made but
34 it does not mean the process cannot be changed, adding that quite frankly the charges may be
35 dropped. He said he felt the things Roberson shared with him the Board needs to know as well as Chief
36 Allen.
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38 Chappel said according to the charges, Roberson was found to be in possession of a bag of candy and
39 a stick of deodorant which had not been checked through the register at the point of exit from Cox's
40 Supermarket on Chester Boulevard. He said Roberson is also being charged with wearing a
41 Firefighter's uniform. He said after looking at the subject of shoplifting, there is a term known as
42 cleptomania, but at this point in his history that does not seem to be the case, however, if it is the case
43 it should be known so Roberson can submit himself to counseling.
44
45 Chappel said in looking at a motive, did Roberson go to Cox's with the intent of taking something? He
46 asked,then, how many of us go to a store and end up with an armload of stuff, pick it up and stick it in a
47 pocket. He said, depending on where you are at the time, you may go back or you may go on. He
48 raised the point of intent again, and he said, he believes this is the case. Chappel said Roberson admits
49 at the point it was discovered, he was confused and dumbfounded, and the only thing he could do was
50 plead for mercy and he got it. He said Cox's filed no charges. Chappel said he had a question about the
51 police report, and when he was questioned by Chief Allen, Roberson said he felt that since he did not
52 commit this crime with intent that admitting the truth of the circumstance would mitigate the
53 consequences of his action because he was willing to accept punishment because it was a dumb
54 mistake.
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56 Speaking to the issue of the uniform, Chappel said there is a question as to whether or not he was truly
57 in violation. He said the rules says the uniform consists of shirt, trousers, badge, name bar, rank
58 insignia and black belt, adding that he feels the whole issue needs to be looked at. Chappel said he
59 believes Chief Allen's recommendation resulted in many hours of personal deliberation and he has a
60 responsibility to uphold the dignity of the Fire Department.
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62 However, Chappel said, he can't help but feel that maybe the extenuating circumstances have not been
63 looked at. He said Roberson has served for 10 years in the Fire Department, has asserted himself and
64 stood for his rights and others.
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Board of Works
May 22, 1997
Page 4
1 Continuing, Chappel said, if it is true that his continued service in the department reflects negatively, he
2 asked why is he continually called upon to serve extra hours? He added that he has a problem with
3 that, stating that he does acknowledge that Roberson should incur some consequence for not
4 exercising good judgment and asking for mercy. He added that he feels a resasonable and fair solution
5 can be reached here for the Fire Department and for Roberson.
6
7 After discussing the right time to have the public hearing,the Board agreed to set the date for June 18.
8 Chief Allen said he would like the hearing date to be as soon as the law would permit, added that he
9 agreed with Chappel that it is difficult for everyone for Roberson to continue his employment. President
10 Goodwin said June 18 would be the earliest all the Board members could be together. He said June 18
11 is on Wednesday and he set the time for 5 p.m. Answering a question posed by Roberson about the
12 possibility of his attorney not being available at that time. President Goodwin answered that the date,
13 then,would be subject to the schedule of Roberson's attorney. President Goodwin said the meeting will
14 be held at 5 p.m. Wednesday, June 18, 1997, in the Board of Works room or the Council Chambers,
15 depending upon which is available,second by Henry and the motion was carried on a unanimous voice
16 vote.
17
18 Rabe spoke to the comment made by Chappel about it being awkward for Roberson to work, stating
19 that state statute prohibits the suspension of the Firefighter without action of this Board and this Board
20 cannot suspend the Firefighter without pay without going through the same process used for dismissal.
21 He added that there is nothing in the statute that prohibits this Board from suspending Roberson with
22 pay at this point if that is something recommended and agreed upon, noting that is an option. Chappel
23 answered that at this point Roberson continues to remain loyal and responsible to the Fire Department.
24 Roberson stated that he wants to do his job and not sit at home and wait. Rabe said at this point the
25 Board cannot suspend Roberson without pay.
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27 ADJOURNMENT
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29 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
30 voice vote,the meeting was adjourned.
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37 Robert Goodwin, President
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43 ATTEST:
44 Myra Miller, Deputy Clerk
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