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HomeMy Public PortalAbout09-25-1986 a145 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, SEPTEMBER 25, 1986 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session September 25, 1986 at the hour of 9:00 A.M. in the Municipal 3 Building in said City. Ms. Silberstein presided with Mr. Brown and Mr. Willis 4 in attendance. The following business was had to-wit : 5 6 INOPERABLE VEHICLE HEARINGS 7 8 608 South 9th Street 9 10 Mr. Bronston stated the property was owned by John and Glenna Keller. Ms. Silberstein 11 examined the return receipt from certified mail to inform. .. John and Glenna Keller 12 of the hearing and found it to be in order. Mr. Brown moved to accept and file 13 the Proof of Notification of the hearing, seconded by Mr. Willis and on unanimous 14 voice vote the motion was carried. 15 16 The Clerk administered the oath to give testimony to Mr. Bronston. 17 18 Mr. Bronston informed the Board that he had filed a complaint on two (2) inoperable 19 vehicles with the Board on September 11, 1986 and to date the vehicles have not 20 been removed. Mr. Bronston stated the vehicles are visible from public right 21 of way and are unliscensed. 22 23 Opportunity was given the owner of the property to make comment. 24 25 The Clerk administered the oath to give testimony to Mr. John Keller of 3108 26 Backmeyer Road. Mr. Keller stated that he had sent a letter to his tenants Mr. 27 Kim Willis and Mr. Carl Overstreet concerning the removal of the vehicles . Mr. 28 Keller stated that he had received a call from Mr. Willis stating he had no in- 29 operable on the property. Mr. Keller said that he knew Mr. Willis was the owner 30 of the Lincoln parked on this property. Mr. Keller asked about property owners - 31 rights and stated that he intents to get the vehicles removed. 32 33 Ms.- Silberstein stated that the Board appreciates Mr. Kellers efforts to enforce 34 the order to remove the vehicles. 35 36 Mr. Bronston informed the Board that if they order the vehicles removed they could 37 place a ten (10) day limit from the date of the hearing on the removal and the 38 City could have the vehicles removed at the end of the time period. 39 40 Ms. Silberstein asked if all parties involved were notified and Mr. Bronston stated 41 he had talked with the tenants earlier and Mr. Keller indicated he did notify 42 them by letter. 43 44 Mr. Willis moved to order the removal of the two (2) inoperable vehicles located 45 on property at 608 South 9th Street within ten (10) days of the hearing, seconded 46 by Mr. Brown and on unanimous voice vote the motion was carried. 47 48 610 South 9th, 81 N.W. L St. , and 1615 South 5th St. 49 50 Mr. Bronston stated that the vehicles had been removed from 610 South 9th Street, 51 81 N.W. L Street and 1615 South 5th Street and recommended dismissal of the hearings. 52 53 Mr. Brown moved to dismiss the hearings on the inoperable vehicles at 610 South 54 9th Street, 81 N.W. L Street and 1615 South 5th Street, seconded by Mr. Willis 55 and on unanimous voice vote the motion was carried. 56 57 APPROVAL OF MINUTES OF SEPTEMBER 18, 1986 58 59 Mr. Brown moved to approve the minutes of the previous meeting as prepared, seconded 60 by Mr. Willis and on unanimous voice vote the motion was carried. 61 62 APPROVAL OF CLAIMS FOR PAYMENT 63 64 Mr. Brown moved to approve claims in the amount of 841,599.85 and hand claims 65 in the amount of 824.24 for payment, seconded by Mr. Willis and on unanimous Board of Works Minutes Cont 'd September 25, 1986 Page 2 1 voice vote the motion was carried. 2 3 PUBLIC REQUESTS AND COMMENTS 4 5 Toys for Tots Toy Run by A.B.A.T.E. 6 7 Mr. Earl Tippett of 327 North 16th Street informed the Board that A.B.A.T.E 8 (American Bikers Aimed Towards Education) and the Marine Corps League were sponsoring 9 a run of motorcycles on October 19, 1986 for Toys for Tots. He stated they would 10 be meeting at the Richmond High School parking lot at 12:00 noon and would run 11 down Chester Boulevard to West Main to South A Street to 18th and Main, out U.S. 12 40 to McDonalds and back down U.S. 40 to North A Street to 8th Street to South 13 8th and C where they will finish at the Marine Corps League at 200 South 9th St. 14 15 Mr. Tippett stated they have asked the Richmond Police for an escort for the event. 16 17 Traffic Captain Williams stated he was concerned with the intersection traffic 18 and that the escort would be handled like a funeral escort with an escort vehicle 19 to lead down the route. 20 21 Ms. Silberstein asked about the need for State Highway permission and indicated 22 the Board was only concerned with providing an escort . 23 24 Ms. Silberstein asked about the number of motorcycles involved and Mr. Tippett 25 stated there were 32 bikes last year and they are hoping for 50 to 75 bikes this 26 year. 27 28 Mr. Brown moved to provide a Police escort for A.B.A.T.E. for a motorcycle run 29 for Toys for Tots on October 19, 1986, seconded by Mr. Willis and on unanimous 30 voice vote the motion was carried. 31 32 Residential Handicapped Parking at 1224 Butler St . 33 34 The request of Mary Stikeleather to relocate a residential handicapped parking 35 space from 511 North 20th Street to 1224 Butler Street was presented to the Board. 36 37 Captain Williams stated the request meets the guidelines established and recommended 38 approval. 39 40 Mr. Brown moved to approve a residential handicapped parking space at 1224 Butler 41 Street, seconded by Mr. Willis and on unanimous voice vote the motion was carried. 42 43 Captain Williams stated the sign at 511 North 20th will be removed. 44 45 ITEMS UNDER ADVISEMENT 46 47 F.O.P. Grievance No. 1-1986 - Response by Board 48 49 Ms. Silberstein read the following response from the Board of Public Works and 50 Safety regarding FOP Grievance No. 1-1986. 51 52 After due consideration of testimony received relative to this grievance, 53 the Board of Public Works and Safety of the City of Richmond finds this 54 grievance to be without basis in that the re-institution of rotating shifts 55 within the Richmond Police Department as of September 1, 1986 does not 56 constitute a violation of the working agreement between the City and the 57 Fraternal Order of Police. 58 59 The Board considers Article 32 of the agreement, cited by the aggrieved, 60 not to be dispositive in this grievance, as the agreement contains several 61 other references to the possibility of, and procedure for, changing or rotating 62 shifts . Article 25 provides for the payment of differential compensation 63 ("shift pay") "[i]n the event the City should continue permanent shifts. . . ," 64 thereby recognizing the City's prerogative to exercise its management rights, 65 as recognized in Article 4, to either continue or discontinue permanent shifts. CHI Board of Works Minutes Cont'd September 25, 1986 Page 3 1 Further, Article 17 states that "No officer may have his or her shift changed I2 without first receiving fourteen (14) days prior written notice." The Board 3 concludes that the converse of this requirement was intended by the parties 4 to the agreement to apply, that is, that an officer may have his or her shift 5 changed upon receiving fourteen days prior written notice. That the aggrieved 6 received such notice is apparent from the face of the grievance. 7 8 For the foregoing reasons , the Board hereby settles by dismissing the above- 9 captioned grievance. 10 11 Mr. Brown moved to adopt and execute the Reponse to FOP Grievance No. 1-1986, seconded 12 by Mr. Willis and on unanimous voice vote the motion was carried. 13 141ntersection of U.S. 40 and Toschlog Road 15 16Mr. Willis reported to the Board that upon investigation of the intersection at 17 U.S. 40 and Toschlog Road, he did not feel it would meet requirements for a traffic 18signal, especially due to continued, signalization at U.S. 40 and S.W. 16th Streets . 19 20 Mr. Willis stated that he did recommend line delineators or "turtles" be. placed 21 50 feet from the stop bar on Toschlog Road to discourage traffic from cutting across 22 Toschlog Road to enter the Swifty Station at the intersection. 23 24Traffic Captain Williams stated that he had also been working with Mr. Ellis of 25 the State Highway Division on the intersection. 26 27 Ms. Silberstein indicated that she had viewed the intersection and felt the sign at the 28 used car lot was encroaching the right-of-way and creating a hazard. 29 30 Mr. Willis stated that the sign could be removed if it was deemed a nuisance. 31 32 Mr. Barden stated that if the Police would report the sign to his office as a 33 nuisance, he could pursue the removal informally and then if it was not removed 34 the Board could hold a hearing regarding the removal. 35 36 Ms. Silberstein stated she would like to see the sign removed since it does limit 37 vision in the area. 38 39 Mr. Willis moved to approve the placement of "turtles" on Toschlog Road for a distance 40 of 50 feet from the stop bar and to have the Traffic Division continue to work 41 with the State and report to the Board, seconded by Mr. Brown and on unanimous 42 voice vote the motion was carried. 43 44 Mr. Willis requested Captain Williams to issue a work order to the Street Department 45 for the placement of the "turtles". 46 47 DEPARTMENT REQUESTS AND COMMENTS 48 49 Planning Department 50 51 Set October 9, 1986 for Inoperable Vehicle Hearings 52 53 Mr. Bronston requested the Board to set a date for inoperable vehicle hearings 54 at 1213 Sheridan Street, 1215 Sheridan Street, 1223 Sheridan Street, 1202 Butler 55 Street and 1126 Ridge Street . 56 57 Mr. Bronston stated that as part of a program of improving alleys, many inoperable 58 vehicles had been discovered in this area and all have been removed, but the ones 59 listed. 60 61 Mr. Brown moved to set October 9, 1986 at 9:00 A.M. as the date and time for inoperable 62 vehicles hearings on nuisances located at 1213 Sheridan St. , 1215 Sheridan St. , 63 1223 Sheridan St. , 1202 Butler St. and 1126 Ridge St. , seconded by Mr. Willis and 64 on unanimous voice vote the motion was carried. 65 Board of Works Minutes Cont'd September 25, 1986 Page 4 1 Law Department 2 3 Inoperable Vehicle at 603 South 13th Street 4111 5 Mr. Barden stated this was for the Board's information only and it was an inoperable 6 vehicle that the owner had consented to have the City dispose, of and it would be treated 7 like an abandoned vehicle by the Police Department . 8 9 .Political Signs in Public Right-of-Way 10 11 Mr. Barden reminded the public that political signs found in the public right-of-way 12 will be treated like other signs and may be subject to fine and removal. Mr. Barden 13 stated the adjacent property owner may be responsible or the candidate if they are 14 unable to locate who placed the signs in the right-of-way. 15 16 Police Department 17 18 Revocation of Police Powers of Special Police Officer at Earlham College 19 20 Police Chief Joe Nimitz read the following request from Kenneth Christmon, Director 21 of Security at Earlham College: 22 23 This letter is to inform you that Special Police Officer, Calvin Brown of the 24 Earlham College Security Department, is no longer employed by the college. Therefore, 25 I am requesting that his name be removed from your roster as one of our officers, 26 and that you take his name before the Board of Public Works and Safety to have 27 his police powers revoked in the City of Richmond, Indiana. 28 29 Thank you for your continued cooperation and support. 30 31 Chief Nimitz requested the revocation be effective immediately since Mr. Brown had 32 resigned from the Earlham College Police Department effective September 16, 1986. 33 34 Mr. Willis moved to revoke the special police powers of Calvin Brown, effective immediately 35 seconded by Mr. Brown and on unanimous voice vote the motion was carried. 36 37 Board of Works 38 39 Set date for Trick or Treat 40 41 Ms. Silberstein recommended that Trick or Treat be set for Thursday, October 30, 1986 42 from 6:00 P.M. to 8:00 P.M. since October 31, 1986 would fall on a Friday night. 43 44Ms . Silberstein added that the Police Department was in agreement with this date. 45 46 Mr. Brown moved to set Trick or Treat night October 30, 1986 from 6:00 P.M. to 8:00 47 P.M. , seconded by Mr. Willis and on unanimous voice vote the motion was carried. 48 49 MISCELLANEOUS BUSINESS 50 51 Eastern Indiana Industrial Parkway Right-of-Way Change •52 53Mr. Willis reported to the Board that at U.S. 40 and the Bowling Alley, the right of 54way needed to be shifted slightly for the intersection of U.S. 40 and Eastern Indiana 551ndustrial Parkway. Mr. Willis said it was necessary to take additional property from 56the bowling alley at a cost of $2,000.00 and to provide a driveway for ingress-egress 57to the bowling alley and to improve some additional ground for parking for the bowling 58 alley. Mr. Willis stated that the funds have been set aside for the project and he 59would like authority from the Board to proceed with the paperwork on the project . 60 61 Mr. Barden informed the Board that within the next two (2) weeks they would probably 62have the right-of-way dedication for the Board's action. 63 64Mr. Brown moved to give authority to Mr. Willis and Mr. Barden to act on the Board's 65behalf for necessary action for the completion of the intersection of U.S. 40 and Eastern 1 Board of Works Minutes Cont'd September 25, 1986 Page 5 1 Indiana Industrial Parkway and to return the appropriate paperwork for the Board's 2 approval, seconded by Mr. Willis and on unanimous voice vote the motion was carried. _ 3 4 ADJOURNMENT 5 6 There being no further busines, on a motion duly made, seconded and passed the' 7 meeting was adjourned. 8 9 10 11 12 Susan Silberstein, President 13 14 15 ATTEST: 16 Mary Merchanthouse, City Clerk 17 18 19 20 21 22 23 24 25 26 27 28 29 30 11131 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 - 53 I54 55 56 57 58 59 60 61 62 63 64 65