HomeMy WebLinkAbout02-26-1996 MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY
~ ~OF THE CITY 0F'jEFFERSONVILLE, INDIANA
..... MONDAY FEBRUARY ~6, 1996
Mayor Thomas R. Galllgan called the meeting to order at 9:40 A.M., and
on call of the roll those ~emb~rs present were Mayor Thomas R.
Galligan, Personnel Director Harold Lakeman, and Safety Director
Anthony Harrod.
Also present were: 'Buildin~ Commissioner Bill Gavin, City Engineer Bob
Miller, Street Commissioner'George Trembly,' City Attorney Anne Marie
Sedwick, Sewage Office Manager Bob Goldman, Police Chief Mike Pavey,
Fire Chief Mike Smith, Assistant Fire Chief William Davis, Vehicle
Maintenance Foreman Mike Ewton, Animal Shelter Director Jim
Gillenwater, Planning and Development Director Jim Urban, Parks
Superintendent Rick Elllott, Wastewater Treatment Plant Director
Kendall Coleman. Assistant Wastewater Treatment Plant Director Joe
Goergen, Fire Fighter Joe Lee, Fire Fighter Tony Decker, and Clerk
Alice Davis.
Director Lakeman made the motion to approve the minutes of the meeting
of February 20, 1996 as presented, seconded by Director' Harrod and
carried unanimously.
Director Lake~an mad~ ~ ~m~on t6-app~ov~ ~he payrolls as presented,
seconded by Directo~ Harrod ~nd Carried unah~mously.
PARKING AND SPEEDING P~OBSEMS~AT 8TH AND FREDERICK AVENUE
Police Chief Mike Pavey re~orted onthe parring and speeding problems
at 8th. and Frederick Avenue?- C~l~f Pavey~had Capt. Dave Schmidt and
City Engineer'Bob Miller t~ a lo~k at this situation. Chief Pavey
said they agreed that Mr. Hardin ne~ds a no parking sign at his off
road parking entrance because of p~opl9 parking behind his car. The
speeding problem is at Fr~dericR and Short JacRs0n and is only one
block long and cannot have speed D~p~. Chief Pavey said he would
have the Police watch more'clOsely. ~
STREET LIGHT REQUEST AT WILLIAMS STREET AND WGODLAWN"
City Engineer Bob Miller s~ld that he checked on the street light
request at Williams Stre~ and W0odlawn and it does warrant a street
light. Director Lakeman made the motion to approve the street light
at Williams and Woodlawn, ~seconded by Director Harrod and carried
unanimously.
PAGE 2
FEBRUARY 26, 1996
JOE LEE FIRE DEPARTMENT GRIEVANCE
City Attorney Anne Marie Sedwick, reported on the grievance of Joe
Lee, Jefferosnvllle Fire Department.'~ Attorney Sedwick explained that
they had a hearing in Executive session on the Sgt. Lees grievance and
we took the grievance under advisement at that time. As a result of
that hearing Attorney Sedwick is recommending that the Board adopt the
following findings. First~ many of th~se~findings comes directly from
Sgt. Lees peitiion. The findings are he is an employee of the
Department and he filed the grievance on or about August 2, 1995. He
filed orally, he properly filed the grievance then in July or August
1995 that arose out of of the promotions that were made within the
department in July 1995. The gentleman- that w~s p~omoted to Lt. over
Sgt. Lee had less senority, less schooling. Of the 5 promotions to
Lt. beginning in 1992 none of the Officers had the same amount 6f
schooling as Sgt. Lee had. Those specifically finding 1-7 that are
adopted directly from his petition, we also adopt specifically
findings from paragraph 9-13 in his petition, primarily those have to
do with the fact once he filed this grievance in July 1995 and
requested to hearings under the rules ~efore this Board he was denied
that hearing without cause. Specifically adopting paragaraph 15-21 of
his petition and findings set out the rules and regulations which were
in effect at that time, those were published January 4, 1992 and the
specific rule that 'has to"do with considering that on promotions it is
that promotions will be made on a combination of factors senorlty,
schooling, attitude, ability to get along with other people, etc., no
percentages, and no special order, finale decision will be made by Lt.
Col. James and Chief DooIey. In addl~l~h we adopt paragraph 23 as
the findings that Sgt. Lee has exhausted all his administrative
remedies to this point. In other word~ he has Jumped through the
required hoops. In addition~ the other findings that City Attorney
Sedwick is recommendihg that' ~thls Board make is that the July and
December promotions and~'the December 1995
~ promotions be accepted to
the grievance of which Sgt. ~Le~ complained may have been made with
upon criteri~not speclf$ca~ly~outllned in paragraph 7. That the
additonal criteria not sp~cifical~y not outlined in that paragraph on
valid criteria under the rules and reg. and they provide the addltonal
criteria may be used, in other QOrds those 6~ you who attended these
executive session and hearings and members of the Board that
specifically relates to the fact that the list is made, there are
specific criteria, senority, schooling, ability to get along with
people, and also ~n 9tc..at. the end of~ that list which will be a
generalized c~it~ria,-~a~ ~re are .~s6me other ~iangua~e that no
percentages, no special ~de~ ahd ~he~'~ih~l d~cision rests with Lt.
Col. James and Chief D~o~ey.~ A~' ~he ~lt'0f the finai fraze there
that decision-r~§ts With Lt. ~ol. James and Chief Dooley. The rules
also effectively provide that the Chief and Lt. Col James could
promote who they wanted to promote. The conclusions that City
Attorney Sedwick recommends to this Board is to adopt is that the July
and December 1995 promotions though questionable met the criteria
outlined in paragraph 7 of he Fire Department rules and regulations
which were in effect at that time and may not be set aside as a
result. No. 2, that Sgt. Lee was improperly denied a timely hearing
before this Board as part of his grievance that was filed on July 31,
1995. No. 3, Sgt. Lee should be promoted to Lt. at the first
PAGE 3
FEBRUARY 26, 1996
opportunity.~'' :~i~ . ........ ~ ........... .~
available is City Attorney's recommendation to the
Board the first findings and those conclusions be adopted. Planning
~and Development Director Jim Urban m~ade a motion for Personnel
Director Harold Lakeman to vote for the first available opportunity
for Sgt. Lee to be promoted to Lt., seconded by Director Harrod, and
carried unanimously.
Mayor Galligan asked Sgt. Lee if he had anything to say? Sgt. Lee
said that the only thing he asked was to be treated fairly and he was
not t'reated fairly then, and I am not so sure that, I really don't
know, I will have to talk to my Attorney and then we will go from
there.
Mayor Galligan said that part of our problem is the ~egallity of it.
City Attorney Sedwick said that we have discussed this before
certainly this was a-different Board and a different administration.
But as a result of the broad language that was included in the rules
and regs., Attorney Sedwick said there isn't a legal way to demote or
set aside those promotions. Those promotions did meet the criteria in
the rules and regs. they are very loose criteria and thats why she's
adding in conclusions that they were made questionable they do meet
the criteria that were outlined at that time. Director Lakeman made
the motion tb adopt the conclusions, seconded by Director Harrod, and
carried unanimously.
AMERICAN LEGION POLICEMAN'~D~IREMAN
Paul ~laherty or Brenda Rodes~representing~h~ Ameri~ Le~o~ for the
Policeman and Fireman of thee Year did not appear before the Board.
Mayor Galligan asked police ~Chlef Pavey and Fire Chief Smith if they
had a candidate for the Police~a~ and Fireman of the year. The
deadline is in the next da~ or tW~.
REQUEST FOR APPROVAL OF CONSULTANT~SELECTION~P~OCEDURES_
City Attorney Anne Marie Sedwick, is requesting approval for
Consultant Selection Procedures, she received a notice from Jorge
Lanz, Jacobi, Toombs and Lanz Engineering.,~ Firm. This Board has
adopted a Consultant Selection Procedure thats required to receive any
Federal monies., through grants, or aids. Attorney Sedwick is
requesting that the procedure be amended,~' Mr~. Lanz sent a new
proceedure to be adopted.~. Direct'or Hatred made ~he motion to adopt
the amended Consultant SelectlQn' procedures, seconded by Director
Lakeman~, and carried unanimously~' : ·
ROADBLOCK ALU BASKETBALL
Mark Wlndley, 3221 Lakewood Blvd. is requesting a roadblock to raise
money for ALU Basketball team. Mr. Wlndley is requesting the weekends
of March 29-31, 1996, April 5-7, 1996, May 10-12, 1996. The locations
will be provided at a later date. Director Lakeman made the motion to
approve the roadblocks, seconded by Director Harrod, and carried
unanimously.
PAGE 4
FEBRUARY 26, 1996
RESIDENTIAL PARKING REQUEST 930 E. COURT AVENUE
Roy and Carol B0wman, 930 E. Court Avenue requested a residential
parking sign, did not appear before the Board f~r ~pproval
TWO HOUR PARKING sIGNSREQUEST~ 526 E. MAPLE STREET
Street Commissioner George Trembly has a request from McCauley,
Nicholas & Co. for two~hoUr~-~ar~g sighs.- police Chief~': Mice pavey
said he Will haVe to-i'nv~stigate this and bring' h'is~redomme~aati0ns
back to the Board hext Week.'
CITATION ISSUED TO MR. AND MRS. BOWEN, 801 WOOD AVENUE
Building C'ommissioner Bi'ii~'~fh'~6~t~ ~M~.and~'~ Mrs.~'~'~ Bowen,~'"~i~ 801 ~ Wood
Avenue to appear before th~ Board of pUblic Works 'b~aus~ 0f him being
a hibitUal offender as for as our Department receiving complaints
about working on Vehidi~S, Vehfdl~ in'~he 'ailey, Jqnk, trash] its
been cOhfinua-tiy~,"there 'ate neighbors here ~o sPeak on thiS. Mr.
Bowen said the 'Cars are 'gone, he is not Working or re'upoing cars
anymore. Mr. Bowen Said he would tear d0Wn the garage if~necessafy.
Commissioner Gavin'Said ~hat WoUid be an impr0vement~ he has put new
dOOrS on~ the house, and he''s bringing' the house Up~ to code.
COmmissioner Gavin said 'he has n~ p~oblem With ~ha~' if it's ~ d0ne
properly and keep the yard and the back in decent shape. Mr. Bowen
said he will tear down the~fence and replace it. Several of Mr. and
Mrs. Bowens neighbors~'~PP~ar~d a~ the ~meetihg ~n~ 'disCuSsed the
different problems with the property. Mayor Galligan asked Mr. Bowen
if he understands what ~a~s to be done and he gave him 90 days to get
gutters on thc house, "rd0f finished, siding f~nished, clean UP the
yard, tear down the feQ~'!~nd put up a ne~chain link fence if tha~
what h~e'S ' gbfng t0 dO'~hd~ ~t proper pbsts and line rails and So
forth, tear the garage down. MaYor Galtig~ said that you can't 'fUh a
business out of your house, you can work~on your personal car during
the day not at night. "Df'~ect%r Haf~oa~de th~ motion to accept the
recommendations for 90 days and t~? ~ssues made by Commissioner Gavin,
seconded bY-Dire~f~'~ma~' an~j~ir!~im°~slY' DEPARTMENT PROMOTION..
Fife'Chief MiR~'smi~h has'~ne Pr0motion a~ the'Fi~e~Depar:~nt. ~hf~f
Smith is promoting Eric SC~hat'ter ~b ~g~i ~t'sta~f0n ~2 at'the end'0f
the mohth. Directo~ H~d ~ade th~ ~motiq~ to approve the P~6~b~ion
of EthiC SChnat~ statib~ #~ t~o s~t~., seCOnded by Director' Lakeman,
and carried unanimously. '~
PAGE 5
FEBRUARY 26, 1996
PERMISSION TO GIVE DONATED DOG FOOD AND CAT LITER AWAY
Animal Shelter Director Jim Gillenwater is asking for permission to
give away damaged cat liter and food that has no value. Director
Harrod made the motion to allow Animal Shelter Director to give away
damaged food and cat liter at his own 3udgement, seconded by Director
Lakeman, and carried unanimously.
There being no further business to come before the Board of Public
Works and Safety, Director Lakeman made the motion to adjourn at
10:15a.m., seconded by Director Harrod, and carried unanimously.
M~YOR