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HomeMy Public PortalAbout01-17-1980 05 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, JANUARY 17, 1980 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session January 17, 1980 at the hour of 9:00 a.m. in the Municipal 3 Building in said City. Mr. Meredith presided with Mr. Anderson and Mr. Webb 4 present. The following business was had, to-wit: 5 6 Mr. Anderson noted the minutes of January 10, 1980 on line 31 should be cor- 7 rected to show Mr. Meredith set a bid date for January 24 at 10:00 a.m. to 8 receive bids. Mr. Anderson so moved the minutes be corrected accordingly, • 9 seconded by Mr. Webb and on unanimous voice vote the motion was carried. 10 11 Mr. Anderson moved the minutes be approved as amended, seconded by Mr. Webb 12 and on unanimous voice vote the motion was carried. 13 14 Director of Community Development Tim Ryder presented an Agreement for Gen- 15 eneral Legal Services with George M. Sowers covering a period from January 16 1, 1980 through December 31, 1980 for Community Development. He noted 17 Attorney Sowers has done this for the last four (4) years and he is extreme- 18 ly pleased with his ability and service as he has become familiar with the 19 federal portion of Community Development. The amount of the agreement is 20 $50.00 per hour. Mr. Anderson moved to approve the contract, seconded by 21 Mr. Webb and on unanimous voice vote the motion was carried. 22 23 Mr. Ryder noted last week he submitted specs and plans for curbs and storm 24 sewers on South 16th. This included a special provision that the storm 25 sewer was to be run and a water outlet on C&O railroad ditch. Through com- 26 munications with the residents it has been determined another route to take 27 the water toward the middle of the street would make a better and less 28 expensive project. He is now securing formal easements from property owners 29 for this outlet. This has received verbal agreement. This will necessitate 30 changing of the plans. He recommended the bid date be delayed two (2) weeks to 11/ 31 ..11bruary 7 and he will send an addendum to the contractors who have taken the 32 specs. 33 34 Mr. Anderson moved that the Board approve the change of the specs and that an 35 addendum be issued directed by the Engineer and that the plans be readvertised, 36 seconded by Mr. Webb and on unanimous voice vote the motion was carried. 37 38 Mr. Meredith set February 7 at 10:00 a.m. to recive bids. 39 40 Mr. Meredith noted -a nuisance complaint against Donald and Charmain Ellison 41 at 1516 South 4th Street was ordered to be corrected or removed on or before 42 January 15, 1980 or the Board will cause it to be removed. Mr. Bronston, 43 the complaintant, was to report back to the Board on this date as to the con- 44 dition. Mr. Bronston presented a picture taken this morning and stated the 45 nuisance still exists. Mr. Anderson noted that under the Ordinance the Board 46 can cause the nuisance to be removed and charge the cost to the owner and this 47 will constitute a lein upon the real estate. In addition, the Board can direct 48 that he is guilty of an infraction and he can.-be fined $25.00 and not more than 49 $300.00. Mr. Anderson suggested taking the course of having it removed. Mr. 50 Anderson said to let the record show that the Board of Public Works issued an 51 order to have this nuisance removed, that the time has expired which was forty 52 (40) days, that said Ellison did receive copy of the notice which is evidenced 53 by the return receipt, it is now reported by Dennis Bronston,the complaintant, 54 that said nuisance has not been removed and that he would move that under 55 Section 5 of General Ordinance No. 16-1978 that the Board of Works now cause 56 said nuisance be removed and to charge the cost thereof be assessed against 57 the owner and that it be placed as a lein upon the real estate of said owners, 58 Donald & Charmain Ellison, seconded by Mr. Webb and on unanimous voice vote the 59 motion was carried. 60 61 Fire Chief Paul Mullin presented a letter noting Lt. John Newland has 'sub- 62 mitted his letter of retirement and is requesting he be placed on pension 63 effective January 20, 1980 as he has completed his twenty (20) years of ser- 64 vice with the department. The Chief recommended that January 20 he be re- 65 tired. Mr. Webb so moved, seconded by Mr. Anderson and on unanimous voice 66 vote the motion was carried. Board of Works Minutes cont. January 17, 1980 Page 2 1 Chief Mullin recommended the appointment of Mr.. Gregory Knarzer to the de- 2 partment as a probationary firefighter effective January 21, 1970. Mr. 3 Anderson moved to accept the recommendation of the Chief for Gregory Knarzer 4 as a probationary firefighter effective January 21 , 1980, seconded by Mr. 5 . Webb and on unanimous voice vote the motion was carried. 6 7 Mr. Meredith reported that members of the Board of Works had inspected New- 8 man Hill as was moved at the January 10th meeting. Ms. Rosa Richards, 9 Mobile Manor and Ms. Deborah Tevis, 22 Newman Hill spoke for the request 10 for road repairs, snow removal and a guard rail. Mr. Webb noted the guard 11 rail would run $15.00 a lineal foot. Mr. Anderson stated it is the recom- 12 mendation of the Board that some repairs be made to the streets and urge 13 and encourage the Street Department to plow and sand at those times needed. 14 Mr. Anderson stated that is a motion that they so recommended, seconded by 15 Mr. Webb and on unanimous voice vote the motion was carried. Mr. Meredith 16 stated the Board could instruct the Street Department to do the necessary 17 patching and possibly in the spring use chip and seal. 18 19 Mr. Webb moved that the report from the Department of Weights and Measures 20 for December, 1979 be accepted and placed on file, seconded by Mr. Anderson 21 and on unanimous voice vcte the motion was carried. 22 23 Mr. Meredith read the following Memorandum of Procedure in the matter of 24 William Joseph Griffin: 25 26 1. CALL TO ORDER 27 28 A. This hearing is called to order under the authority 29 vested in this Board pursuant to Ind. Code 18-1-11- 30 3. The proceedings are being taped. 31 32 B. Let the record show that charges against William 33 Joseph Griffin were filed on December 27, 1979 by 34 Chief Paul M. Mullin for violation of the rules and 35 regulations of the Richmond Fire Department as follows: 36 37 1. Article XI, Section 6. No member of this Depart- 38 ment shall do anything prejudicial to the good rep- 39 utation, order or discipline of the Department. 40 41 2. Article XI, Section 7. In matters of general con- 42 duct, not within the scope of Department rules, 43 members shall be governed by the ordinary rules 44 of good behavior observed by law-abiding and self • - 45 respecting citizens. 46 47 3. Article XIV, Section 1, Item J. Conduct unbecoming 48 an officer or firefighter. 49 50 C. Let the record further show that William Joseph Grif- 51 fin was duly served with a copy of the charges and 52 notice of hearing previously set for January 3, 1980, 53 before this Board on the 28th day of December, 1979. 54 55 D. That on December 28, 1979, this Board received a 56 written appearance by Mr. David W. Dennis as attorney 57 for Mr. Griffin and a request that the hearing set for 58 January 3, 1980, be continued. This continuance was 59 granted and the hearing re-set for today, January 17, 60 1980. 61 62 E. Let the record further show that the Richmond Fire 63 Department and the City of Richmond, Indiana, is re- 64 presented by Mr. Edward Anderson, City Attorney, who 27 Board of Works Minutes cont. January 17, 1980 Page 3 1 is present; the William Joseph Griffin is present as 2 is his attorney, David W. Dennis. This is an admini- 3 strative hearing and not a criminal court of law. We 4 are not here to try the guilt or innocence of Mr. Grif- 5 fin, but merely whether there was a violation of the 6 rules and regulations of the Richmond City Fire De- 7 partment. Mr. Meredith read the charges. The evidence 8 should be confined to these charges. Mr. Dennis and 9 Mr. Anderson, do you understand this? Gentlemen, are 10 you ready to proceed? 11 12 II. PRELIMINARY MOTIONS 13 14 A. Are there any preliminary motions? 15 16 Mr. Dennis presented the following and asked to call some testimony from Dr. 17 Kushner, Dunn Clinic, in support of this motion and to be heard thereon after 18 the testimony has been heard: 19 20 To: The Honorable Board of Public Works 21 and Safety of the City of Richmond, Indiana 22 23 As I believe that I may be physically or mentally disabled for 24 further service as a member of the Fire Department of the City 25 of Richmond, Indiana, I hereby respectfully request a medical 26 examination under the provisions of I.C. 18-1-12-6 in order to 27 determine whether or not I am suffering from physical or men- 28 tal disability entitling me to retirement under the provisions 29 of I.C. 18-1-12-6 and I.C. 18-1-12-7. 30 31 I further respectfully request a continuance of the hearing 32 which is scheduled (pursuant to I.C. 18-1-11-3) before the 33 Board of Public Works and Safety of Richmond, Indiana, on 34 this date, pending the results of the medical examination 35 which is hereby requested. 36 37 Respectfully, 38 39 40 /s/ William J. Griffin 41 42 Dated: 43 44 January 17, 1980 45 46 BEFORE THE BOARD OF PUBLIC 47 - WORKS AND SAFETY OF THE 48 CITY OF RICHMOND, INDIANA 49 50 IN THE MATTER OF . 51 MOTION FOR MEDICAL EXAMINATION 52 WILLIAM J. GRIFFIN AND FOR CONTINUANCE 53 54 Comes now William J. Griffin and moves and requests a 55 medical examination under the provisions of I.C. 18- 56 1-12-6, and further moves a continuance of the hearing 57 in this matter pending the results of said examination. 58 59 DENNIS, REINKE & VERTESCH 60 Attorney for William J. Griffin 61 62 By 63 /s/ David W. Dennis Board of Works Minutes cont. January 17, 1980 Page 4 1 Mr. Anderson read I.C. 18-1-12-6 to the Board noting this law provides 2 that the Chief of the Fire Department may request that a medical exam- 3 ination be ordered. 4 5 After arguments of the Attorneys, Mr. Meredith read publically the 6 Motion for Medical Examination and for Continuance. 7 8 Mr. Meredith ruled that we allow Mr. Dennis to call Dr. Kushner and 9 anyone else he requests in support of the motion but the testimony and 10 examination in evidence shall refer strictly to this motion at this time. 11 12 Mr. Dennis called Dr. Bruce Kushner, Clinical Psycologist, Dunn Clinic, 13 who testified. 14 15 Mr. Meredith stated, "it is my opinion the motion is made in an effort 16 to possibly give Mr. Griffin an opportunity to go under the pension 17 which I assume in order to do that he would have to resign or in: some way 18 leave the active roles to go to a pension, and it is my opinion that 19 under the violation of the Rules and Regulations of the Richmond Fire 20 Department, which I have read, that regardless of the reason whether it 21 was due to an emotional disturbance or not is not a concern of this 22 Board. That the concern of this Board is whether or not there was a 23 violation of the Rules and Regulations of the Richmond Fire Department. 24 This is something the Board should consider when they reach a final de- 25 termination as to what the penalty should be, if in fact there should be 26 one. For this reason, with Mr. Webb's concurrence, I will rule a denial 27 on the motion." Mr. Webb concurred. Mr. Webb added that he feels Chief 28 Mullin is responsible for the public safety of the City and in such a 29 position he has certain discretionary judgment decisions which he has to 3.0 make and he doesn't feel that pre-empting those administrative discre- 31 tionary decisions is going to serve the best welfare of the Department 32 or the community. 33 34 Mr. Dennis requested a three (3) minute recess. Mr. Meredith asked if 35 there were any other preliminary motions. 36 37 Mr. Meredith recessed the hearing for five (5) minutes. 38 39 Mr. Dennis presented the following letter on behalf of his client which 40 he read into the record: 41 42 January 17, 1980 43 44 45 Honorable Clifford Dickman, 46 Mayor of the City of Richmond, Indiana 47 48 Honorable Paul Mullin, Chief 49 Fire Department, Richmond, Indiana 50 51 Honorable Don Meredith, Chairman 52 Board of Public Works and Safety 53 Richmond, Indiana 54 55 Gentlemen: 56 57 I hereby tender my resignation from the Fire Department 58 of the City of Richmond, Indiana, effective immediately. 59 60 After fifteen and one-half years of faithful service in work 61 which I have enjoyed, and which I have performed to the 62 best of my ability, I, of course, sincerely regret that 63 circumstances have arisen which appear to require this action. Board of_Works Minutes cont. January 17, 1980 Page 5 1 In ending my connection with the Department I extend to 2 Chief Mullins, and to my former colleagues every wish for 3 their continued success in the service of our City. 4 5 Respectfully, 6 7 /s/ William J. Griffin 8 II/ 9 Mr. Meredith said that with the concurrence of Mr. Webb he will rule in 10 the matter of William Joseph Griffin that these proceedings are now 11 concluded. 12 13 Mr. Meredith announced that the Board now has before them a letter of 14 resignation of William Joseph Griffin from the Fire Department. Chief 15 Mullin was present and recommended the resignation be accepted at this 16 time. Mr. Webb so moved, seconded by Mr. Anderson and on unanimous 17 voice vote the motion was carried. 18 19 There being no further business the meeting was adjourned. 20 21 Donald Meredith 22 President 23 24 ATTEST: JoEllen Trimble 25 Clerk of the Board