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Home My Public Portal About07-31-2014THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, JULY 31, 2014 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5:00 P.M., Thursday, July 31, 2014, in the Council Chambers at the Municipal Building, 50 North 5th Street, Richmond, Indiana. President Robinson called the meeting to order and the following business was conducted: ROLL CALL Present were: Vicki Robinson, Tony Foster and Dick Foore. Also in attendance were Kim Vessels, Assistant City Attorney; Karen Chasteen, City Clerk; Controller Paula Hill; City Planner Sarah Mitchell; Police Lt. Donnie Benedict; Assistant Fire Chief Timothy Brown; and, Media. APPROVAL OF MINUTES Mr. Foore moved to approve the minutes of July 24, 2014, supported by Mr. Foster. Upon a vote viva voce, the motion carried. Mr. Foster moved to approve the Memorandum of Executive Session held July 30, 2014, 10:00 am, in the conference room in the Department of Metropolitan Development, supported by Mr. Foore. Upon a vote viva voce, the motion carried. CLAIMS FOR PAYMENT Mr. Foster moved to approve the Claims for August 1, 2014 payment in the amount of Two Hundred Fifty Five Thousand Six Hundred Seventy Eight Dollars and seven cents ($255,678.07), supported by Mr. Foore. Upon a vote viva voce, the motion carried. REQUESTS • DEPOT DISTRICT OKTOBERFEST September 26, 6:00 pm — 12:00 midnight North 9th Street (under bridge) — "D" — "E" Streets September 27, 6:00 am — 12:00 midnight Elm Place — 8th — 10th Street North 8th Street — "D" — "E" Streets Fort Wayne Avenue — "D" — "E" Streets North 9th Street (under bridge) — "D" — "E" Streets Mr. Foster moved to approve, supported by Mr. Foore. Upon a vote viva voce, the motion carried. Mr. Foster also moved to approve a noise variance for the same places and times for the Oktoberfest, supported by Mr. Foore. Upon a vote viva voce, the motion carried. • SPEED LIMIT SIGNS River Court Lt. Benedict noted the installation of these signs will coincide with the repaving of River Court. Mr. Foore moved to approve, supported by Mr. Foster. Upon a vote viva voce, the motion carried. Board of Works Minutes July 31, 2014 Page 3 of 4 • NEW HANDICAP PARKING SIGN 135 South 6th Street Mr. Foster moved to approve, supported by Mr. Foore. Upon a vote viva voce, the motion carried. BID OPENINGS - None BID AWARDS - None CONTRACTS • CONTRACT NO. 86-2014— H.J. UMBAUGH & ASSOCIATES Financial Advisory Services — Department of Finance Hourly rates determined by Job Classification Mr. Foster moved to approve with the total cost not to exceed Five Thousand Dollars and zero cents ($5,000.00), supported by Mr. Foore. Upon a vote viva voce, the motion carried. • CONTRACT NO. 89 -2014 —TOWN OF SPRING GROVE Fire Protection Not to Exceed $49,649.00 Mr. Foore moved to approve, supported by Mr. Foster. Upon a vote viva voce, the motion carried. • CONTRACT NO. 90 -2014 — WAYNE TOWNSHIP Fire Protection Not to exceed $714,682.00 Mr. Foster moved to approve, supported by Mr. Foore. Upon a vote viva voce, the motion carried. CHANGE ORDERS - None ADDENDUMS - None RESOLUTIONS - None PETITIONS • CURB CUT: 1419 Lakeview Court (Oak Park Hills — Section 6) Mr. Foster moved to approve, supported by Mr. Foore. Upon a vote viva voce, the motion carried. MISCELLANEOUS • APPROVAL OF FIRE DEPARTMENT PROBATIONARY FIREFIGHTERS Scott Ronald Hartman Ryan Douglas Ware Richard Gregory Hiser Mr. Foore moved to approve with an effective hire date of August 4, 2014, supported by Mr. Foster. Upon a vote viva voce, the motion carried. S: BOW /minutes /2014/jul 31.doc Board of Works Minutes July 31, 2014 Page 4 of 4 After a brief recess, the following Findings of Fact, Conclusions of Law and Recommendations relative to Firefighter Benjamin Moore were read into the record: FINDINGS OF FACT: 1. In January 2014, Firefighter Benjamin Moore was unable to complete a required annual physical due to a knee injury suffered during the 4th quarter of 2013. 2. Firefighter Moore was given a "90 day letter" to complete the physical. 3. Firefighter Moore had not communicated his knee injury to the Richmond Fire Department prior to the required annual physical. 4. On March 28, 2014, Firefighter Moore was moved from a Firefighter position to Squad 5. 5. On June 19, 2014, the Richmond Fire Department was notified by Public Safety and Wellness that Firefighter Moore "... is still pending completion of testing for 90 day issue." 6. On June 19, 2014, Firefighter Moore was placed on paid suspension until the issue regarding the lack of compliance with the 90 day letter is taken before the Board of Public Works and Safety. 7. A number of appointments and procedures regarding his 2013 knee injury played a roll in the completion, or lack of completion, of the required stress test outlined in the 90 day letter. 8. On June 23, 2014, a meeting was held with Firefighter Moore and the administration told Mr. Moore that they would "...be willing to assist him in setting up an appointment with Public Safety to complete his testing." 9. On June 25, 2014, Firefighter Moore was sent a letter placing him on paid suspension and stating that the Richmond Fire Department would request suspension without pay until the issue was resolved. 10. On Tuesday, July 22, 2014, the Richmond Board of Public Works and Safety met in executive session to receive information regarding the situation. CONCLUSIONS: Completion of an annual physical is a requirement of Richmond Firefighters. A 90 day letter is given to firefighters that are unable to complete the requirement of the annual physical. Firefighter Benjamin Moore did not complete his physical nor did he complete the requirements of his 90 day letter. The Richmond Fire Department followed up with Firefighter Moore on two occasions prior to the conclusion of 90 days, including moving Mr. Moore to Squad due to safety issues. The Richmond Fire Department addressed the lack of compliance with the 90 day letter via a letter of paid suspension dated June 19, 2014 which is approximately 150 days after the failed physical. Firefighter Benjamin Moore did a poor job of communicating with the Richmond Fire Department regarding the status of his required physical, knee injury, pending appointments, and procedures. In addition, the Richmond Fire Department failed to follow up timely with Firefighter Moore after the 90 days had elapsed. They should have addressed this issue on or about April 15, 2014, but waited to suspend him for lack of compliance until June 19, 2014. Firefighter Moore is at fault for lack of compliance with his annual physical. The Richmond Fire Department was not timely in addressing the issue by waiting until June 19, 2014 to suspend him for lack of compliance. During testimony by Chief of Operations Tim Brown on July 22, 2014, Mr. Brown stated that Benjamin Moore was a model firefighter with an impeccable attendance record. The Board of Public Works and Safety recommends that Firefighter Benjamin Moore be placed on one week unpaid suspension. The unpaid suspension shall continue after one week for up to 90 days until he successfully completes the required stress test for the completion of his 2014 physical. After 90 days, the S: BOW /minutes /2014/jul 31.doc Board of Works Minutes July 31, 2014 Page 5 of 4 Richmond Fire Department shall make a recommendation regarding Mr. Moore's continued employment including, but not limited to, being considered by PERF for disability and /or termination from employment. Mr. Foster moved to approve as presented, supported by Mr. Foore. Upon a vote viva voce, the motion carried. ADJOURNMENT After a motion was duly made, the meeting was adjourned. S/S Vicki Robinson Vicki Robinson, President ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk A recording of this meeting is on file in the Office of the City Clerk. S: BOW /minutes /2014/jul 31.doc