HomeMy Public PortalAbout5/28/1997 executiveCity of Greencastle
® City Hall
Four East Walnut Street
Greencastle, Indiana 46135
Pamela S. Jones
Clerk- Treasurer
GREENCASTLE COMMON COUNCIL
EXECUTIVE SESSION
WEDNESDAY, MAY 28, 1997 6:30 P.M. CITY HALL
The Greencastle Common Council met in Executive Session Wednesday, May 28, 1997, 6:30
p.m. at City Hall. Mayor Michael called the meeting to order. On the Roll Call, the following
were found to be present: Councilor Roach, Councilor Hammer, Councilor Green, Councilor
Bavnard and Councilor Masten. Also present was City Attornev Zeiner and Engineer Barnes.
The first item of discussion was pending litigation regarding Bowyer Excavating and work
performed on the College Street Storm Sewer Project. Attorney Zeiner stated that Bowyer did
the work and the Engineer at the time did certify the work. At that time, the City decided they
had some problems and would not approve additional work. A letter was received by the City in
1995 from Bowyer stating they wanted paid. Former Clerk - Treasurer Berry and Attorney Zeiner
went through the records and found that retainage had never been asked for or paid to Bowyer.
Thev also found a change order that had been bounced back and forth between the City and
Bowyer. All credits for work performed by the City to complete the job had been deducted from
the change order. Councilor Masten stated that this situation stinks. "We are all flying blind,
including yourself, John, " Councilor Masten stated. Councilor Masten continued that Larry
Wilson even stated at the Board of Works meeting when this was first brought up that the City
doesn't owe Bowyer a dime. Engineer Barnes stated that he has researched and tried to
reconstruct this job and after looking at the plans it's a disaster. The change order was prepared
and submitted and former Mayor Harmless told Bowyer to take a walk. This project was
installing storm sewer from the Veteran's Memorial Highway to the Dells. Utilities were not
field verified and part of the change order was to go under a 6 inch water main. Councilor
Masten stated that all plans specify to field verify. Attorney Zeiner stated that if you have no
inkling of utilities in the area - field verifying is not going to help if the water line does not show
up on the plans. Attorney Zeiner continued that if they are able to prove their claim, they can
get interest back to the date of the claim. There is some merit to their claim - we have
negotiated down from approximately $35,000.00 and have not included retainage. Our exposure
is more than the $20,000.00 we have settled for. Engineer Barnes stated that on June 21, 1989,
Street Commissioner Wright and Engineer Jim Frazel did a punch list and found about two
things wrong. Joe Liechty found about twelve things wrong. Triad, the engineering firm that
Jim Frazel worked for, stated that it would be better if the City completed the items on the punch
list. Engineer Barnes stated that he still stands behind the fact that they did not follow procedure
- are they due retainage? Thejob is finished - I would say they are - payment for extra items is
probably also due. The water main? Who's responsible? There was also $4,000.00 in the
change order for an extra backhoe for digging concrete on Olive Street - I see that as an existing
condition.
Attorney Zeiner stated that in research he has done regarding statute of limitations and interest,
the fact is this was a contract and he found that one out of three contacts won on the grounds of
statute of limitations. We might win on part, but they can come back with a delay claim and
interest and we will still be paying more. The City had not acquired the easements needed prior
to the starting date which held up the contractor starting work. Attorney Zeiner stated that so far
he has just included this as part of his retainer work, but if it goes to litigation it will have to be
paid separately or to another attorney. The last letter from Triad came back on the side of the
contractor. Councilor Masten stated that his question is whether the taxpayer should have to pay
for this slop. I will not vote to pay this bill. Councilor Roach stated that he doesn't wam w
waste any more time and will probably end up voting to pay the bill and take as a lesson leamed.
Attorney Zeiner stated that Bowyer will sign a final waiver and release once this is paid.
Attorney Zeiner stated that he has talked to two appraiser who agreed to do appraisal of the
Moose Parking Lot for $200.00 each. Council has to grant approval for him to order the
appraisals. Councilor Masten stated that Crown expects to take over the Montgomery Ward
Building by June 30th and use for office space, therefore, the spaces behind the building will be
used for their employees, which displaces more vehicles out onto the street in the downtown
area. Engineer Barnes has done a cost estimate for approximately 60 stalls at a cost of
approximately $81,000.00. Mayor Michael asked where the appraisals will be paid from. Clerk -
Treasurer Jones replied that the appraisals for the Dick Brown lot were paid out of EDIT
monies. Councilor Roach asked how much it will cost to purchase the property and make a
parking lot. Attorney Zeiner stated that if part of the bargain is that the Moose can use the lot,
we need to bargain from there. Councilor Masten stated that this will be a City - County venture
for the County employees to park to free up downtown parking. Councilor Baynard stated that
he would rather see the money put into a neighborhood park. Councilor Roach asked how much
the downtown merchants are willing to put in on this lot? Merchants park in front of their own
stores. The stores weren't even open late during the Heritage Fest when there were more people
downtown than ever. Councilor Roach continued that downtown parking has been a political
football forever. All the offices in the Courthouse are held by Republicans, Councilor Roach
continued_ the Republican Pam can tell their office holders not to allow employees to park on
the square. Councilor Masten stated that is not something the Republican Party cares to get into.
Councilor Masten made the motion to find $400.00 to get two appraisals for the Moose Parking
Lot, seconded by Councilor Hammer. Vote as follows:
Ave Nay
Councilor Green Councilor Roach
Councilor Hammer Councilor Baynard
Councilor Masten
Attorney Zeiner handed out information on the EEOC suit filed by Carol Deom. This is the
preliminary filing and Attorney Zeiner is proposing to handle this one for approximately
$1000.00. Attorney Zeiner stated that EEOC does not have jurisdiction because the Assistant
Chief Position is a Policy Position appointed by the Mayor. Questions to be responded to are
questions 1, 7, and 8. The information provided will be an Affidavit by the Mayor, material
regarding the qualifications of runner ups and information on criteria used to hire th- ."aaistant
Chief. This was not age or sex discrimination. Attorney Zeiner continued that Carol took time .r
. off after the appointment of Tom Sutherlin due to stress, which he feels shows her lack of ability
to handle the job. Carol acknowledged in her interview to treating Darrin poorly while he was
Assistant Chief. Attorney Zeiner asked the Council's approval to proceed to represent the City.
It could be six months to a year before we hear anything from the EEOC. A Tort Claim has also
been filed. Bliss Insurance has notified the Citv that they do not cover civil actions against the
City. Councilor Masten stated that we had the same thing today with BC /CP Andonov in the
procedure in which he was hired. Applications were taken, applicants were interviewed and
Board of Works was asked for approval. Mayor Michael stated that they did not take the
Assistant Chief position before the Board of Works, she and Darrin did the interviews.
Councilor Masten asked about the hearsay that the Mayor had promised the job to Carol. Mayor
Michael stated that right before the decision was made to make Darrin Assistant Chief Carol let
it be known to the Mavor that she was not happy with her choice. When the time came for Jack
to leave- the department knew I was looking outside and Carol came to me and stated that I
should give Darrin a chance - at least choose from within the Department and then stated that by
the way she (Carol) was interested in the Assistant position. I did not promise her the job,
Mayor Michael continued. Councilor Masten made the motion to allow Attornev Zeiner to
proceed with the initial filing and pay his bill for that. Motion was seconded by Councilor
Roach, vote was unanimous.
Mavor Michael told the Council that the Board of Works held a hearing today on BC /CP
Andonov. Mayor Michael stated that it was a very difficult decision for the board. Mr.
Andonov was allowed to give his opinion on where he stands. Mayor Michael made a
o recommendation to the Board to place Mr. Andonov on Administrative Leave without pay
beginning May 29, 1997. Mr. Andonov will be allowed to keep his insurance at this own
expense and if during the Court findings Mr. Andonov is found not guilty or the charges are
dismissed, Mr. Andonov will be entitled to back pay. The Board accepted this recommendation.
Attorney Zeiner stated that the Personnel Policy needs to be addressed immediatelv. He has
talked with Hoosier Codification and they are to forward a copy of a Personnel Policy for us to
review.
Being no further business, motion to adjourn made by Councilor Roach, seconded by Councilor
Hammer. Vote was unanimous.
/� Nancy A. Mi ael, Mayor
ATTiES"P: /�1
Pamela S. Jones,
0
Equal Employment Opportunity Commission
Indianapolis District Office
101 W Ohio St Ste 1900
Indianapolis, IN 46204 -
�t
Charging Party: Deom, Carol L
Charge No.: 240971420
Ms. Nancy Michael
Mayor
City Of Greencastle
4 H. walnut
Greencastle, IN 46-
April 7, 1997
Dear Ms. Michael:
Your organi-zation is hereby requested to submit information and reccrds
__levant to the subject charge of discrimination. The Commission is required
by law to investigate charges filed with it, and the enclosed request for
information does not necessarily represent the entire body of evidence which
we need to obtain from your organization in order that a proper determination
as to the merits of the charge can be made. Please submit a response to the
requested information by the deadline cited below.
® You may be assured that any information or explanation supplied by your
organization will not be made public.
Response Deadline Date: 050797
Sincerely,
A/
Larry Sa I nner
Supervisor l- 34Y -22-G -5568
The rcllowing da'.es are considered to he the "relevant Deriod" for the
attached Request for Information: 010197 - 013197.
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