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