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HomeMy Public PortalAbout03-23-2023 THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA., .MARCH 23, 2023 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5:00 P.M., in the Council Chambers in the Municipal Building, 50 North 5th Street, Richmond, Indiana. CALL TO ORDER President Robinson called the meeting to order and the following business was conducted: ROLL CALL Board members present were: Vicki Robinson, Emily Palmer and Matt Evans. Also in attendance were Kim Vessels, Assistant City Attorney; Monica Burns, 'Deputy City Clerk; Kara Noe, Purchasing; Julie Hunter, Mayor's Administrative Assistant; Valerie Shaffer, EDC; Fire Chief Tim Brown; Imani Murphy, Director of Human Resource and Compliance; A.J. Sick.mann, Corporate Council; Sharry Flemingway, Payroll and Benefits Administrator; Firefighters Jeremy Blake, Kyle George, Kyle Vickers, Nick Arbogast, and Bryan McIver; and Media. APPROVAL OF MINUTES Ms. Palmer moved to approve the minutes of March 16, 2023, supported by Mr. Evans, Upon a vote viva voce, the motion carried. CLAIMS FOR PAYMENT Mr. Evans moved to approve the Claims for Payment for March 24, 2023 in the amount of Fifty Two Thousand Five Hundred Thirteen Dollars and ninety nine cents ($52,513.99), supported by Ms. Palmer. Upon a vote viva voce, the motion carried. PAYROLL CLAIMS FOR PAYMENT Mr. Evans moved to approve the Payroll Claims for Payment for March 24, 2023 in the amount of Eight Hundred Fifty Thousand Three Hundred Thirty Six Dollars and fifteen cents ($850,336.15), supported by. Ms. Palmer. Upon a vote viva voce, the motion carried. Mr. Evans moved to approve a Special Payroll Claims for Payment for March 24, 2023 in the amount of Fifty One Thousand One Hundred Dollars and no cents (S51,100.00), supported by Ms. Palmer. Upon a. vote viva.voce, the motion carried. PAYROLL CLAIMS FOR PAYMENT FOR PENSION - None REQUESTS Board of Works Minutes March 23, 2023 • HANDICAP SIGN RENEWAL 1.26 South 131 Street Ms. Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce, the motion carried. BID OPENINGS • SIDEWALK REPLACEMENT PROJECT—2023 Those bids are as follows: Neyra Paving - $192,603.75 Smarrelli General Contractors - $201,920.00 These bids were taken under advisement BID AWARDS - 'Noce CONTRACTS • CONTRACT NO. 16-2023 — CITY-OWNED VEHICLE TOWING CONTRACT — PARDO'S SERVICE, INC Automobiles $80.00 - Days & Nights 2. Pick-up trucks $80.00 - Days & Nights 3. Small buses $125.00--- Days & Nights 4. 3 cubic yard trash trucks $250.00 -- Days & Nights Extra Charges Axle Pulls $85.00 Each 2. Drive line disengagements $85.00 Each 3. Recovery with large wrecker Including operator $450.00 per hour 4. Each additional operators $85.00 per hour 5. Compressed air No charge 6. Per mile charge outside City limits $5.00 - large wrecker Mr. Evans moved to approve, supported by Ms. Palmer. Upon a vote viva voce, the motion carried. • CONTRACT NO. 17-2023 — CITY-OWNED HEAVY VEHICLE TOWING CONTRACT —PARDO'S SERVICE, INC Board of Works Minutes March 23, 2023 1. Single axle trucks & large Buses $250.00 - Days & Nights 2. Tandem axle trucks $250.00 - Days & Nights 3. Fire trucks (axle lift only) $500.00 --Days & Nights 4. Street Sweepers $250.00 -- Days & Nights 5. Combination sewer cleaning Machines $500.00 Days & Nights 6. Side Loaders (trash truck) $2.50.00 Days & Nights Extra Charges 1. Axle Pulls $85.00 Each 2 Drive line disengagements $85.00 Each 3 Recovery with large wrecker including operator $450.00 per hour 4 Each additional operator $85.00 per hour 5 Compressed air No charge 6 Per mile charge outside City limits $60.00 -- large wrecker Ms. Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce, the motion carried. • CONTRACT NO. :19-2.023 —TOWING ROTATION Alley Cat Towing Countryside Mike's Towing Pardo's Service, Inc Stamper's Mr. Evans moved to approve, supported by Ms. Palmer. Upon a vote viva voce, the motion carried. • CONTRACT NO. 57-2023—CITY, ECONOMIC DEVELOPMENT CORPORTION OF WAYNE COUNTY (EDC) AND ROBERT TOSCHLOG The City leases portions of the Midwestern Industrial Park to the E.DC and they now in. turn want to sublease 249 tillable acreage to Robert Toschlog for agriculture purposes. The rate will be $250.00 per acre making the total $62,250.00 .for the year. The amount of rent will be adjusted to take into accountany acreage withdrawn from the EDC. Ms. Palmer moved to approve, supported by Mr. Evans. Upon a vote viva voce, the motion carried. CHANGE ORDERS - None Board of Works Minutes March 23, 2023 ADDENDUMS - None RESOLUTIONS - None PETITIONS —None Ms. Robinson recessed the meeting for fifteen minutes before the Grievance Meeting MISCELLANEOUS • FINAL MEETING OF A FIRE UNION GRIEVANCE Ms. Robinson and Ms. Palmer excused themselves from this meeting. Dakota Collins and R.oxie Deer were added to the Board as alternatives for this meeting. Mr. Evans reopened the meeting and went over the rules and procedures that were to be in place for this meeting. The Deputy City Clerk swore in the individuals that intended to speak. The Firefighters Union Local 1408 represented William Kirkman under the Collective Bargaining Unit, Contract No. 118-2019, Grievance No. 1-2023. The Union alleges the City violated Article 28 of the Collective Bargaining Agreement (C13A) for clarification on whether his spouse could join the City's health insurance plan if she was not a participant at the time of his retirement. Kyle George, Grievance Chair Person for the Union, spoke on behalf of the Union. George offered a history of items that were negotiated on in the past in order for the employees to receive health insurance from the City when they retired (under Mayor Dennis Andrews). George explained that after the City (under Mayor Sally Hutton) implemented the Spousal Carve Out (if employees spouse had insurance elsewhere at the time of employees' retirement, spouse would not be eligible for City insurance), firefighters and police officers negotiated tor insurance to include spouses upon retirement. Apparently the way it is in the contract the spouse has to either quit their job or go to part time in order to be able to join the City's insurance and the Union is arguing that shouldn't be the way it is. Historically, spouses have been able to join the City's insurance when the member retires even though that spouse had not been on the insurance at the time of retirement. The Union is asking for the spouse to be able to join the City's insurance at the time the spouse becomes eligible due to no longer working and receiving insurance from their employer instead of immediately joining upon the m.ember's retirement. This has been the practice in the past and the Union telt like it was negotiated and agreed upon with both parties in good faith at the time of the contract without any other stipulations later set by the City. Mr. Evans then asked if there were anyone else to speak on behalf of the Union or if any of Board members had questions that they would like to ask. Mr. Collins asked Mr. Ge.x.)rge if it was the practice in the past for spouses be allowed to go on the insurance after a member retired and asked if they had any proof to present to justify the claim. Mr. George Board of Works Minutes March 23, 2023 said that he believed that there was a RPD officer that retired in 2022 and their spouse was able to join the City's insurance. Mr. Collins then asked if the language in the RPD contract on this subject was the same and Mr. George said it was. Mr. Vickers told the Board that there was a Firefighter member that retired in 201.7, their spouse worked at Reid and was able to join the City's insurance in 2018 that was a year after his retirement. Mr. Evans asked Mr. George if he was aware that the language in the health insurance The Collective Bargaining Agreement (CBA)prior to the contract being adopted in 2019 was substantially different then it currently is. Mr. Victors told the Board that the language in the Contract was in there before he hired in and he has been with the Department .for 14 years and it has remained the same. Mr. Evans said the in the initial grievance Article 23 and how the prevailing rights pertain to the situation,. Mr. George said to the past practices that they have always gone back to ambiguity and that they felt it should be continued on. Corporate Council A.J. Sickman.n then represented the position of the City. He handed out several documents to all members of the Board, Union Representatives and the Clerk, of which will be on file in their office. He explained that the highlighted areas in the documents are his and not in the original documents. He said that he had no personal knowledge of the Firefighter whose spouse was added in 201.7 but was aware of the Police Officer's spouse that was added and it was an entirely different situation because of confidentiality can't be discussed in a public hearing and is a totally different situation. He also said that when it comes to past precedent the only body that can set past precedent is a court of law. The City is self-insured so one of the concerns of the City is the prospect of higher premiums that can and most likely occur if not closely monitored. A third party administrator is hired for administrative purposes and when claims and stop losses go up it cost the City more to obtain services needed to provide coverage. Cost continue to rise as more people are added to the insurance. The CBA says that a Firefighter needs to he on the City's insurance a year before retirement to be eligible for insurance after retirement in. order to be on the insurance until they are 65 only paying a$1 .00 premium. If a spouse can sign up at any time whether they are currently on the insurance or not makes no sense when. there are such restrictions put on the member in order to qualify. If the spouse is currently on the City plan they can remain on the plan after the member retires. According to the State Statue the spouse is to be on the insurance plan at the time the person retires. State overrides any local ordinances or laws. It was the recommendation from the City was to deny the grievance. Mr. Evans asked for more clarification on Article No. 23 (Prevailing Rights). Mr. Sickmann said that he felt it needed to be better articulated and agreed upon by the parties and said that at this time it isn't the Ci.ty's position and the State Code says it isn't any more.. M.r. Collins asked Mr. Sickmann about in the SPD it states that no reclassification of a person's status, for any reason, by a third party whether by a court, governmental agency, or otherwise, without regard or not, the employer agrees to such reclassification, will change a person's eligibility status. He goes on to say that it also states that the City's interpretation regarding eligibility is final. Mr. Sickmann. felt that this meant the City basically had the final word unless it runs contrary to some contract language. Mr. Evans asked the Union if they had any questions for the City. Mr. George told the Board that he felt that the members felt like them and their spouses should be entitled to the insurance after retirement. Mr. Sickmann's response said that if a retiree goes to another Board of Works Minutes March 23, 2023 job with insurance their City insurance would be secondary. Ms. Deer asked if the secondary insurance would also apply to a spouse on the insurance and the answer was no. Mr. Collins moved to deny the grievance, supported by Ms. Deer. Upon a vote viva voce, the motion carried. ADJOURNMENT After a motion was duly made, the meeting was adjourned. Vicki Robinson, President ATTEST: Monica Burns, Deputy City Clerk A recording of this meeting is on file in the Office of the City Clerk.