HomeMy Public PortalAbout08-22-1985 •
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, AUGUST 22, 1985
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in regular
2 session August 22, 1985 at the hour of 9:00 A.M. in the Municipal Building in said
3 City. Ms. Maness presided with Mr. Brown and M . Silberstein in attendance. The
III4 following business was had to-wit:
5
6 9:00 A.M. BID OPENING - Autanated Gasoline Pump Card System
7 .
8 Purchasing Director Rita Stout requested all bids be turned in for the Autanated
9 Gasoline Pump Card System.
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11 Having received all bids, Ms. Silberstein moved to close the bidding, seconded by
12 Mr. Brown and on unanimous voice vote the motion was carried.
13
14 Mr. Barden examined the Proof of Publication and found it to be in order. Ms.
15 Siberstein moved to accept and file the Proof of Publication, seconded by Mr. Brown
16 and on unanimous voice vote the motion was carried.
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18 The following bids were received:
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20 Kennedy Equipment Company - Bid was received on proper form, signed and notarized.
21 A bid bond in 10% of the total bid price accompanied the bid. The total bid
22 was for 60,523.00. •
23
- 24 NCR of Dayton, Ohio - Bid was received on the proper form, signed and notarized.
25 A bid bond in 10% of the total bid accompanied the bid. Total bid was for
26 91,634.00.
27
III28 M . Silberstein moved to refer the bids for the Autanated Gasoline Pump Card
29 System to the Purchasing Director for evaluation and recommendation, seconded by
30 Mr. Brown and on unanimous voice vote the motion was carried.
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32 Ms. Stout announced the bid would be open for public inspection in her office.
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34 INOPERABLE VEHICLE F HEARINGS
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36 Mr. Dennis Bronston, Code Enforcement Office, informed the Board that the nuisances
37 in the form of►Yoperable vehicles at 816 North H, 820 North H, 806 North I, 817
38 North I and 605 South 12th Street had been removed and he recommended the Board
39 dismiss the complaint.
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• 41 Ms. Silberstein moved to dismiss the canplaint regarding inoperable vehicles at
42 816 North H, 820 North H, 806 North I, 817 North I and 605 South 12th Street,
43 seconded by Mr. Brown and on unanimous voice vote the motion was carried.
44
' 45 909 North I Street
46
47 Mr. Barden examined the Notice of Hearing and return receipt and found them to be
48 in order. Mr. Silberstein moved to accept Proof of Service, seconded by Mr. Brown
49 and on unanimous voice vote the motion was carried.
50
51 The Clerk administered the Oath to give testimony to Mr. Bronston. Mr. Bronston
52 informed the Board that this vehicle had been observed by him on thrcc occassion .
III53 and the original letter requesting removal was sent on July 3, 1985. Mr. Bronston
54 presented the Board a photograph of the vehicle. The vehicle is unlicensed and
55 appears to have flat tires.
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57 Mr. Bronston recommended to the Board that the vehicle be declared a nuisance and
58 ordered removed within ten (10) days.
59
60 There was no public speaking against the canplaint of the Board.
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62 Ms. Silbe08ein moved to declare the inoperable vehicle located at 909 South I Street
63 a nuisance ordered the vehicle removed within ten (10) days, seconded by Mr. Brown
64 and on unanimous voice vote the motion was carried.
65
Board of Works Minutes Cont'd
August 22, 1985
Page 2
1 907 North I Street
2
3 Mr. Barden examined the Notice of Hedging and return receipt and found them to be
4 in order. Ms. Silberstein moved to accept and file the Proof of Service, seconded
5 by Mr. Brown and on unanimous voice vote the motion was carried.
6
7 Mr. Bronston informed the Board that there are two (2) inoperable vehicles at this
8 location and they have been observed there since July 3, 1985. He recommended
9 that they be declared a nuisance and ordered removed within ten (10) days.
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11 Ms. Silberstein moved to declare the two (2) inoperable at 907 North I a nuisance
12 and order them removed within ten (10) days, seconded by Mr. Brown and on
13 unanimous voice vote the motion was carried.
14
15 UNSAFE BUILDING HEARING
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17 506 South 10th Street - Hearing Continued
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19 The Clerk administered the Oath to give testimony to Mr. Bronston. Mr. Bronston
20 informed the Board that he had talked with the son of Mr. Kenneth Walters and that
21 he desires to sell the property and has a prospective buyer. Mr. Bronston stated
22 that he feels this buyer would repair or remove the structure. Mr. Bronston said
23 he has not yet talked with the purchaser, but that he has worked with this person
24 in the past and they have been cooperative.
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26 Ms. Silberstein asked what stage the purchase was in and Mr. Bronston stated that
27 no formal agreements have been reached, but he would expect so within two (2) weeks.
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29 Ms. Silberstein moved to continue the unsafe building hearing on property located
30 at 506 South 10th Street to September 5, 1985 at 9:00 A.M., seconded by Mr. Brown
31 and on unanimous voice vote the motion was carried.
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33 APPROVAL OF MINUTES OF AUGUST 15, 1985
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35 Ms. Silberstein moved to approve the minutes of the previous meeting as prepared,
36 seconded by Mr. Brown and on unanimous voice vote the motion was carried.
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38 APPROVAL OF CLAIMS FOR PAYMENT
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40 Mr. Brown moved to approve claims in the amount of 174,798.00 for payment, seconded
41 by Ms. Silberstein and on unanimous voice vote the motion was carried.
42
43 DEPARTMENT REQUESTS AND CANTS
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45 Law DepaL Ithent
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47 Transient Vendor Ordinance
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49 Mr. Barden reminded the public that effective September 1, 1985 the ordinance
50 regarding transient vendors to have a permit twenty (20) days prior to the sale
51 will be enforced by the City. The posting of signs was previously
52 authorized by the Board to inform the public and there is a 1,000.00 .fine for
53 violations.
54
55 Unauthorized Bus Benches on City Right of Way -111
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57 Mr. Barden stated it had been brought to his attention that there are
58 unauthorized bus benches on city right of way and that he will give one (1) weeks
59 notice before ordering the removal from city right of way.
60
61 Plan Depai fluent
62
63 Curb Cut Request - 158 S.W. 16th Street
64
65 Mr. Bronston stated this curb cut was for a driveway and had been approved by Mr.
3
Board of Works Minutes Cont'd
August 22, 1985
Page 3
1 -Dooley, Mr. Willis and Lt. Jenkins of the Traffic Division.
2
III 3 Ms. Silberstein moved to approve the curb cut request of Aaron Hodgkin at 158 S.W.
4 16th Street, seconded by Mr. Brown and on unanimous voice vote the motion was carried.
5
6 Fire DepaL tiuent
7
8 July Monthly Report
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10 Acting Fire Chief, Lt. Joe Pierce, told the Board that 62 runs had been made in
11 July with an estimated loss of 44,825.00. Lt. Pierce also informed the Board
12 that the Depailluent had participated in the Richmond State Hospital parade and
13 the M.D.A. Fill the Boot Campaign. He said the agility test approved by the Board
14 is being worked out by the Fire Department and Ms. Roberson.
15
16 Mr. Brown moved to approve the accept and file the July monthly report for the
17 Fire DepaLlsnent, seconded by Ms. Silberstein and on unanimous voice vote the motion
18 was carried.
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20 Police Depailiuent
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22 Revocation of Special Police Powers
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24 Police Chief Joseph Nimitz presented the following request to the' Board:
25 •
26 Dear Board Members:
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III28 Request that the special police powers of Gene Kelley, Richmond Police Reserve
29 Officer be revoked.
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31 Please make this revocation effective August 16, 1985.
32
33 /s/ Joseph A. Nimitz
34 Chief of Police
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36 Ms. Silberstein moved to revoke the special police powers of Gene Kelley effective
37 August 16, 1985, seconded by Mr. Brown and on unanimous voice vote the motion was
38 carried.
39 •
40 TABLED ITEv1S
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42 Request of Arts Consortium for Horse Carriages
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44 Ms. Maness requested this request remain tabled for fi!ther input of the Traffic
45 Division regarding having horse carriages on East Main, South 18th, South 19th
46 and South A Street. This will remain tabled until August 29, 1985.
47
48 RESPONSE TO CABLE TV RATE INCREASE REMEST
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50 Ms. Maness read the following request on the proposed rate increase by Clearview _
51 Cable:
52
53 Dear Mr. Cody:
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55 Please be advised, with reference to the rate increase proposed by Clearview
56 Cable TV and filed with the City Clerk on June 27, 1985, and pursuant to
57 Article 16 of the Franchise Agreement, that the Board of Public Works and
58 Safety of the City of Richmond finds that the proposed rate changes are
59 excessive and unfair to the consuming public and therefore should be held
60 in abeyance.
61
62 In making this finding, the Board of Works is concurring with the recommendation
63 of the Richmond Telecommunications Council at its meeting on July 30, 1985
64 and the reasons expressed by the Council in support of its recommendation;
65 namely, that the proposed change in rate structure and resultant $3.00 monthly
t
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Board of Works Minutes Cont'd
August 22, 1985
Page 4
1 increase to all subscribers is excessive and unfair to the consuming public,
2 who should be afforded a continued choice as to receiving their current basic
3 service at a lower rate than that proposed by Clearview.
4
5 The Board would also like to point out to Clearview that the proposed increase
6 to all subscribers for channels in excess of that required by the Franchise
7 Agreement would-have a direct adverse impact upon the approximately 45% of
8 Clearview's subscribers who, by its own statistics, currently contract only
9 for basic 12-channel service. Our community also suffers from lingering double-
10 digit unemployment and has a percentage of citizens over 65 years of age
11 which is in excess of both the national and Indiana average. It is the Board's
12 position that the proposed increase, with its lack of available choice of
13 current service at a lesser rate, would be unfair and excessive particularly
14 to these citizens who are either unemployed or living on fixed incomes.
15 Finally, the board notes that the geographic location of Richmond and its
16 generally. poor over-the-air signal reception results in a Somewhat unique
17 situation, not a factor in a larger market, of citizens using cable TV as
18 a substitute for expensive antenna/tower systems in order to get basic reception
19 of network and educational channels, in addition to citizens using cable to
20 receive alternative entertainment channels. The Board feels that Clearview's
21 proposed rate structure and increase would be excessive and unfair to the
22 former category of citizen subscriber in Richmond.
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24 Please advise thie Board whether Clearview will require further action by
25 the Board to hold a public hearing and establish rates and charges as set
26 out in Article 16 of the Franchise Agreement, or whether Clearview is willing
27 to withdraw its rate increase request and waive these steps, in view of the
28 Board's finding today.
29
30 /s/ Cathy A. Maness
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32 Ms. Maness invited public comment.
33
34 Councilperson Lynn Morris informed the Board that she was representing the residents
35 of Interfaith ApaLLuments and they are in opposition to the mandated
36 increase in rates and increase in channels. This action is the result of a meeting
37 of the residents of Interfaith.
38
39 Ms. Maness requested any comment fran Clearview to be in writing to the Board of
40 Public Works and Safety.
41
42 Ms. Silberstein moved to adopt the letter addressed to Rich Cody dated August 22,
43 1985 finding the proposed rate excessive and unfair, seconded by Mr. Brown and
44 on unanimous voice vote the motion was carried.
45
46 GRIEVANCES NO. 14, 15 and 16-1985 - FILED BY FIREFIGHTERS LOCAL 1408
47
48 Ms. Maness read a letter sent to Mr. Jim Sticco, Chairman of the Grievance Committee
49 of Local 1408 regarding grievances filed against the Mayor, City Controller and
50 Assistant Fire Chief for the withholding of clothing allowance for purchase of
51 OSHA required protective clothing. Ms. Maness stated in the letter that this
52 time would be allowed for a presentation of fact by both sides.
53
54 Speaking for Local 1408 was Mr. Jim Sticco of 3532 Woods Drive. Mr. Sticco
55 stated the City withheld the second clothing allowance check. Mr. Sticco said
56 that not only Article 20 was violated, but also Articles 18, 25 and 33.
57
58 Mr. Barden represented the City and stated that the contract had not been violated.
59 He said Article 20 provides for clothing allowance to be made in four quarterly
60 installments and that State Statute provides a minimum of 200.00 be provided for
61 clothing allowance and the City was providing 300.00 as set by prior
62 negotiations.
63
64 Mr. Barden stated that State Statute allows the clothing allowance to be credited
65 against purchases made by the City on behalf of-the Firefighters.
S.
Board of Works Minutes Cont'd
August 22, 1985
Page 5
1 Mr. Barden said the Firefighters were paid the first quarter allowance and received
2 inkind allowance in the form of the OSHA mandated protective outer gear in lieu
III 3 of a cash allowance the second quarter. Mr. Barden explained that in some cases
4 3rd and 4th quarter allowance may be used toward the purchase of this gear and
5 any balance will be returned to the firefighters in :: cash. This gear was provided
6 at no cost to the firefighters and was done by a needs basis of each individual
7 firefighter. Mr. Barden stated that clothing allowance is not a part of the
8 salary and all purchased clothing meets OSHA and IOSHA requirements and these
9 purchases as an inkind allowance will excccd the contract standards. •He feels
10 the grievance should be denied.
11
12 Mr. Brown asked if no clothing had been purchased would the firefighters have
13 received the allowance and Mr. Barden stated yes, but that OSHA mandated city's
14 to furnish the protective gear and the City purchased the gear at a cost savings
15 through bulk purchasing.
16
17 Ms. Silberstein stated she was also convinced the City did not violate the contract
18 and this was necessary to protect the tax dollar of the citizens.
19
20 Ms. Silberstein moved to deny Grievances 14, 15, and 16-1985 filed by Local 1408,
21 seconded by Mr.Brown and on unanimous voice vote the motion was carried.
22
23 Mr. Brown stated he had based his decision on the tape of the executive session,
24 today's input and the savings in the purchase of the gear. .
25
26 NORTH 8TH AND E STREET RAILROAD CROSSING
27
III28 Ms. Maness stated the Board was in receipt of a letter fran Norfolk and Western
29 stating they would be inspecting the crossing at North 8th and E Streets and will
30 correct any conditions requiring repair for which they are responsible.
31
32 ADJOURNMENT
33
34 There being no further business, on a motion duly made, seconded and passed the
35 meeting was adjourned.
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37 •
38
39 Cathy A. Maness, President
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42 A'rl'EST:
43 Mary Merchanthouse, City Clerk
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