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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. 10 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. 17 18 The following bids were received: 19 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. 31 32 Ms. Stout announced the bid would be open for public inspection in her office. 33 34 INOPERABLE VEHICLE F HEARINGS 35 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. 40 • 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. 56 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. 61 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. 10 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 16 17 506 South 10th Street - Hearing Continued 18 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. 25 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. 28 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. 32 33 APPROVAL OF MINUTES OF AUGUST 15, 1985 34 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. 37 38 APPROVAL OF CLAIMS FOR PAYMENT 39 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 44 45 Law DepaL Ithent 46 47 Transient Vendor Ordinance 48 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 56 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 9 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. 19 20 Police Depailiuent 21 22 Revocation of Special Police Powers 23 24 Police Chief Joseph Nimitz presented the following request to the' Board: 25 • 26 Dear Board Members: 27 III28 Request that the special police powers of Gene Kelley, Richmond Police Reserve 29 Officer be revoked. 30 31 Please make this revocation effective August 16, 1985. 32 33 /s/ Joseph A. Nimitz 34 Chief of Police 35 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 41 42 Request of Arts Consortium for Horse Carriages 43 . 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 49 50 Ms. Maness read the following request on the proposed rate increase by Clearview _ 51 Cable: 52 53 Dear Mr. Cody: 54 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 • 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. 23 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 31 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. 36 37 • 38 39 Cathy A. Maness, President 40 41 42 A'rl'EST: 43 Mary Merchanthouse, City Clerk 44 45 46 47 48 49 50 51 52 I53 54 55 56 57 58 59 60 61 62 63 . 64 65