HomeMy Public PortalAbout02-12-1987 is
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA. FEBRUARY 12. 1987
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular session Feb-
2 ruary 12, 1987 at the hour of 9:00 A.M. in the Municipal Building in said City. Ms. Silberstein
3 presided with Mr. Brown in attendance. Mr. Willis was absent. The following business was had
4 to-wit:
5
6
7 INOPERABLE VEHICLE HEARINGS
8
9 Prior to the opening of the hearings, Mr. Bronston informed the Board that the nuisances had been
10 removed from the properties at 600 South 13th Street, 604 South 13th Street, 530 South 13th
11 Street and 520 South 13th Street and he recommended the Board dismiss the hearings set on these
12 properties.
13
14 Mr. Tom Davis of 1016 East Main Street, Brookville, Indiana, owner of record of the property lo-
15 cated at 604 South 13th Street requested to speak to the Board regarding the property at 694
16 South 13th Street being sold on contract to Stanley and Nila Frye and they have been making pay-
17 ments since 1981. Mr. Davis informed the Board that he did not feel he was the true owner of the
18 property.
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20 Ms. Silberstein explained that until the deed changes with pay off of the contract, the owner of
21 record is the person the Board would be dealing with and that probably there is a provision in the
22 contract allowing the owner to recoup any expenses incurred in this type of action.
23
24 Mr. Davis admitted to the Board that the present renter is a source of problems, but he does not
25 feel that he would have the authority to evict the renter. He said he would notify Mrs. Frye of the
26 problems and ask her cooperation.
27
28 Ms. Silberstein requested Mr. Davis give Mr. Bronston Mrs. Frye's address for future reference.
29
30 Mr. Barden suggested the contract sale be recorded in order that it would show up in a title search.
31
32 Mr. Bronston informed the Board that if the nuisance had not been cleared up he was going to re-
33 quest the City Attorney file for an injunction to prevent any more junk cars on this property since
34 it is a continuing situation.
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36 Ms. Silberstein thanked Mr. Davis for his willingness to work with the Board' as the recorded own-
37 er and added that the responsibility did rest with him as owner of record and the Board might have
38 need to contact him in the future.
39
40 Mr. Brown moved to dismiss the hearings on inoperable vehicles located at 600 South 13th, 604
41 South 13th, 520 South 13th and 530 South 13th, seconded by Ms. Silberstein and on unanimous
42 voice vote the motion was carried.
43
44 2 Worley Court
45
46 Mr. Bronston informed the Board that he had been in contact with persons at this residence and had
47 been informed the vehicle would be removed before the first of 1987 and again told it would be re-
48 moved by the first of February. Mr. Bronston stated the vehicle is still not removed.
49
50 Ms. Silberstein requested determination that the property owner had been property notified.
51
52 The Clerk informed the Board that two attempts had been made at certified mail with both being re-
53 turned with no forwarding address and one attempt was made by regular mail.
54
55 Mr. Bronston stated that Mr. William Smith, owner of the vehicle was aware of the hearing.
56
57 Mr. Barden suggested that since the property owner had not been notified, but the owner of the ve-
58 hicle had been, that the matter could be handled as an abandoned vehicle by the Police Department
59 allowing removal of the vehicle after thirty (30) days and requiring no hearing procedures.
60
61 Mr. Brown moved to dismiss the inoperable vehicle hearing on property located at 2 Worley Court
62 due to lack of proper notification of hearing and recommend the Police Department treat the nui-
63 sance as an abandoned vehicle, seconded by Ms. Silberstein and on unanimous voice vote the motion
64 was carried.
65
1(2
Board of Works Minutes Cont'd
February 12, 1987
Page 2
1 605 South 12th Street
2
3 Ms. Silberstein requested Proof of Notice of hearing and upon examination found it to be in order.
4
5 The Clerk administered the oath to give testimony to Mr. Dennis Bronston.
6
7 Mr. Bronston informed the Board that he had notified the property owner of the nuisance on Janu-
8 ary 7, 1987 and after no cooperation had requested the Board to set a hearing. Mr. Bronston stat-
9 ed two (2) vehicles still remain on the property and they are in various stages of disrepair. He
10 said there had been some indication of trying to remove the vehicles, but they still remain on the
11 property. Mr. Bronston stated the vehicles have no wheels and have been salvaged for parts.
12
13 Mr. Bronston recommended an order be issued by the Board for the vehicles to be removed within
14 ten (10) days or the Police Department be authorized to cause the removal with charges to be
15 placed against the property owner.
16
17 Mr. Brown moved to issue an Order for removal of inoperable vehicles located at 605 South 12th
18 Street within ten (10) days and to authorize removal by the Police Department if the order is not
19 accomplished, seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
20
21 APPROVAL OF MINUTES OF FEBRUARY 5. 1987
22
23 Mr. Brown moved to approve the minutes of the previous meeting as prepared, seconded by Ms.
24 Silberstein and on unanimous voice vote the motion was carried.
25
26 APPROVAL OF CLAIMS FOR PAYMENT
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28 Mr. Brown moved to approve claims for payment in the amount of 1,443,508.08, seconded by Ms.
29 Silberstein and on unanimous voice vote the motion was carried.
30
31 PUBLIC REQUESTS AND COMMENTS
32
33 March of Dimes - Walk America
34
35 Ms. Silberstein read the following request from Sonia Brock for the March of Dimes Advisory
36 Board:
37
38 The March of Dimes Advisory Board for Wayne County is requesting approval
39 for the walk route for WalkAmerica on Saturday, May 2, 1987.
40
41 This route is 18.6 miles (30 kilometers) and is the same as in years past.
42
43 I checked with Captain Ron Williams, Richmond Police Department and he stated
44 that he i+Qas no problems with using this same route and will work with the March
45 of Dimes for necessary coverage of intersections.
46
47 Captain Williams stated he has no objections with the route.
48
49 Mr. Brown moved to approve the request of the March of Dimes for WalkAmerica to be held on Sat-
50 urday, May 2, 1987 per the requested route, seconded by Ms. Silberstein and on unanimous voice
51 vote the motion was carried.
52
53 Ms. Silberstein added that the City will assume no liability for persons entering the roadway.
54
55 DEPARTMENT REQUESTS AND COMMENTS
56
57 POLICE DEPARTMENT
58
59 Ms. Silberstein read the following request from the Richmond Police Department:
60
61 Dear Board Members:
62 •
63 I recommend that Officers Richard D. Thalls, Andrea L. Gordon, and Rick L 11) I
64 be advanced from the rank of Probationary Patrolman to that of Patrolman
65 on the Richmond Police Department.
11
Board of Works Minutes Cont'd
February 12, 1987
Page 3
1 These officers have successfully completed their probationary
2 period as required, having served one year.
3
4 Request that this be effective February 10, 1987.
5
6 /s/ Major Donald R. Ponder
7
8 Mr. Brown moved to approve the advancement of Officers Richard D. Thalls, Andre L. Gordon and
9 Rick L. Ervin to Patrolman effective February 10, 1987, seconded by Ms. Silberstein and on unani-
10 mous voice vote the motion was carried.
11
12 Ms. Silberstein added the congratulations of the Board.
13
14 LAW OFFICE
15
16 Request to Purchase Property
17
18 Mr. Barden informed the Board he had two requests to purchase property. One was on North 20th
19 Street and the Board had authorized an appraisal of the property last year and the other was for
20 property on North 18th Street. He said the Department of Public Works had objections to the sale
21 of the property on North 20th when originally asked, but these objections no longer exist. He said
22 the 20th Street property appraises under 2,000.00 and he feels the 18th Street property would
23 also appraise under 2,000.00 Mr. Barden added that if the properties appraise under 2,000.00 the
24 Board can deal directly with adjacent property owners for the sale once the property has been de-
25 Glared surplus.
26
27 Mr. Barden stated he would like authorization to proceed with the proper steps for sale of the
28 properties and come back to the Board for approval at a later date.
29
30 Mr. Brown moved to authorize the Law Department to prepare a Resolution on the sale of property
31 on North 20th and North 18th Streets within the City of Richmond, seconded by Ms. Silberstein and
32 on unanimous voice vote the motion was carried:
33
34 Release of Weed Lien
35
36 It was requested to strike this item from the agenda.
37
38 Mr. Brown moved to strike the request for a release of Weed Lien on Lot 558 from the agenda,
39 seconded by Ms. Silberstein and on unanimous voice vote the motion was carried.
40
41 PURCHASING DEPARTMENT
42
43 In a memo to the Board, Purchasing Director Rita Stout requested March 12, 1987 be set to re-
44 ceive bids for the removal of the old filtration system and a-new filtration system at the Municpal
45 Pool, one Quint Ladder Tower Platform for Fire Department, one single axle chassis truck and dump
46 bed for the Street Department, three pick up trucks and seventeen Police cruisers.
47
48 Mr. Brown moved to set March 12, 1987 at 9:00 A.M. as the date and time to receive bids on the
49 requested services and equipment, seconded by Ms. Silberstein and on unanimous voice vote the
50 motion was carried.
51
52 PLANNING, PERMITS AND INSPECTION
53
54 January Monthly Report - Building Division
55
56 The January Monthly Report showed a total of 113 permits issued at a total cost 'of 1,468,790.00
57 and one building being demolished.
58
59 Mr. Brown moved to accept and file the January Monthly Report of the Building Division of Plan-
60 ning, Permits and Inspections, seconded by Ms. Silbertein and on unanimous voice vote the motion
61 was carried.
62
63 BOARD OF WORKS MISCELLANEOUS
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1D
Board of Works Minutes Cont'd
February 12, 1987
Page 4
1 Resolution of Grievance No. 8-1987 as filed by William Smith
2
3 Ms. Silberstein read the following Resolve to Grievance No. 8-1986:
4
5 The Board of Public Works and Safety received evidence and heard
6 testimony concerning this grievance on January 29, 1987. Local
7 1408's suggested resolve was for the method of paying overtime to be
8 clearly articulated and applied consistently. The Board agreed with
9 this suggested resolve to the grievance.
10
11 According to Article 19 of both 1986 and 1987 contracts between the
12 City and Local 1408.
13
14 "Any Firefighter shall be subject to being called back to
15 perform services under emergency conditions as deemed
16 necessary by the Fire Chief or other designated officer.
17 Payment of overtime when earned for emergency call-back
18 or other overtime service shall be paid as required by the
19 Federal Fair Labor Standards act."
20
21 Effective April 5, 1986, the City, through this Board, adopted a 28-day
22 tour of duty for Fire Department employees covered by F.L.S.A., claimed
23 the 7(k) exemption of the Act, and provided that such employees
24 received a fixed salary for fluctuating hours. The Federal Fair Labor
25 Standards Act requires overtime compensation for hours worked in
26 excess of 212 in a fixed 28-day tour of duty.
27
28 Therefore, in accordance with all of the above provisions, overtime pay
29 for F.L.S.A.-covered firefighters will be paid only after such firefighter
30 works in excess of 212 hours in a given 28-day Tour of Duty, and will
31 be paid at the rate of an additional one-half the hourly rate for hours
32 worked between 212 and 216, and at the rate of an additional one and one-half
33 the hourly rate, for hours worked in excess of 216, consistent with the
34 rate agreed to in Addendum No. 4 to the 1987 contract.
35
36 Mr. Brown moved to approve and execute the Resolve to Grievance No. 8-1986 as presented, sec-
37 onded by Ms. Silberstein and on unanimous voice vote the motion was carried.
38
39 ADJOURNMENT
40
41 There being no further business, on a motion duly made, seconded and passed the meeting was ad-
42 journed.
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46 Susan Silberstein, President
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48
49
50 ATTEST:
51 Mary Merchanthouse, City Clerk
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