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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