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HomeMy WebLinkAboutBPW-07-22-92 BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES JULY 22, 1992 ONE CIVIC SQUARE/COUNCIL CHAMBERS 6:15 P.M. The meeting of the Carmel Board of Public Works and Safety was called to order by Mayor Ted Johnson. Members Rick McKinney and Vaughn Story were in attendance. City Attorney, Steve Brown and Clerk-Treasurer, Susan W. Jones were also in attendance. PLEDGE OF ALLEGIANCE MINUTES OF THE REGULAR SESSION OF JULY 8f 1992: McKinney made a motion to approve the minutes of the regular meeting of July 8, 1992 as submitted. The motion was seconded by Story. All members voted aye. Motion carried. MINUTES OF THE EXECUTIVE SESSION OF JULY 8f 1992: McKinney made a motion to approve the minutes of the executive meeting of July 8, 1992 as submitted. The motion was seconded by Story. All members voted aye. Motion carried. MINUTES OF THE SPECIAL SESSION OF JUNE 29~ 1992: Story made a motion to approve the court reporters transcription as the minutes of the special meeting of June 29, 1992. McKinney requested an amendment to the transcription pages 386 and pages 387. McKinney stated the transcript indicated the question had been asked by Mr. Farlow and to correct the name to Rick McKinney, who, in fact, asked the question. Johnson stated let the record so reflect. The motion was seconded by McKinney. All members voted aye. Motion carried. BIDS: Johnson opened the bids for the 1992 paving program. A list of the bidders and bid amounts are attached to the minutes of this meeting. Johnson opened and read the bids for the 1992 concrete program. A list of the bidders and bid amounts are attached to the minutes of this meeting. Johnson made a motion to have the Board take the bids under advisement and have Street Commissioner Klingensmith review the bids and make a recommendation at the end of the regular portion of the meeting that evening. The motion was seconded by HcKinney. Ail members voted aye. Hotion carried. NEW BUSINESS: SEWER AND WATER AVAILABILITY / 114 iST STREET S.E. - DOUBLE: Story made a motion to approve water and sewer availability for a double family residence Lot 4 Bales and Davis Subdivision, 114 1st Street S.E. as follows: Sewer: 2 E.D.U.'s, as per Sewer Ordinance S-41, Chapter 7. exceed an average daily flow of 600 gallons. Not to Water: 2 E.D.U.'s, as per Water Ordinance A-54, Sec. 4.03. exceed an average daily flow of 600 gallons. Not to Approval is contingent upon rezone by the Plan Commission and City Council, with construction or development of the above project having begun within 12 months or said approval expires and the developer or builder must reapply to the Board. The motion was seconded by HcKinney. Hotion carried. All members voted aye. REQUEST FOR PERMIT TO OPERATE HOT DOG STANDS IN THE CITY OF CARMEL: HcKinney made a motion to approve an agreement between the City of Carmel and G.H. Rahebi regarding operation of hot dog carts at two City owned locations and to deny the petitioners request to operate two others that were not under the City's jurisdiction at Carmel Drive and Executive Drive and the New Park at 106th Street. The motion was seconded by HcKinney. Ail members voted aye. Hotion carried. REQUEST FOR USE OF CITY HALL COUNCIL CHAMBERS AND CAUCUS ROOM ON SATURDAY, OCTOBER 24, 1992 - NATIONAL ASSOCIATION OF MINIATURE ENTHUSIASTS: McKinney made a motion to approve use of the City Hall Council Chambers and Caucus room on October 24, 1992 from 8:30 A.M. to 4:00 P.M. contingent upon petitioner making arrangements for the petitioner's paid service of a City maintenance staffer to be present and contingent upon leaving the premises in the condition in which it was found. The motion was seconded by Story. Ail members voted aye. Hotion carried. CARMEL POLICE DEPARTMENT PROMOTIONS AND NEW HIRES: Carmel Police Chief Roger C. Conn requested approval to promote Gary C. Bowman to 1st Class Patrolman at $1,162.53 bi-weekly plus $150 longevity effective August 1, 1992. McKinney so moved. The motion was seconded by Story. Ail members voted aye. Hotion carried. Conn withdrew his request to hire a 3rd Class Civilian. AGREEMENT BETWEEN IBM AND THE CITY OF CARMEL / CARMEL POLICE DEPARTMENT: Carmel Police Chief Roger C. Conn requested approval of a contract between IBM and the City of Carmel to link the computers of the Police Department with the computers of the Communications Center. Carmel Police Department Records and Computers Division Head, Rebecca House answered specific questions of the Board regarding the services required by IBM. McKinney made a motion to approve the contract between IBM and the City of Carmel allowing the Hayor to sign on behalf of the City. The motion was seconded by Story. Ail members voted aye. Hotion carried. BID RECOMMENDATIONS: Street Commissioner Klingensmith recommended awarding the 1992 concrete iow bid to C C & T Construction, Inc., McKinney so. moved. The motion was seconded by Story. Ail members voted aye. Motion carried. Klingensmith stated the 1992 paving bids had two identical low bids by Astro Paving and Reith Riley of $113,060. Johnson made a motion to approve Astro Paving at the Street Commissioner's recommendation and contingent upon approval of the City Attorney. The motion was seconded by Story. Ail members voted aye. Hotion carried. OTHER BUSINESS: AMERICAN AGGREGATES CONTRACT: Johnson stated the City Attorney verified the legality of a document that in exchange for 1.1 acres of land connected to the Flowing Well Park the City of Carmel on March 11, 1977, the City of Carmel accepted land in exchange for 34 acres of free water availability with a total value of $30,600. Johnson stated water availability would be approved at no charge when requested by the developer. POLICE DEPARTMENT MATERNITY LEAVE POLICY: Johnson distributed copies of a proposed Carmel Police Department maternity policy to Board members for discussion at a later Board meeting. RECESS: Johnson called a ten minute recess. CALL TO ORDER: Johnson called the meeting to order. OLD BUSINESS: CONTINUATION OF MAJOR ROBERT E. NIBARGER DISCIPLINARY HEARING: Hayor Johnson initiated the discussion on the next item of business, that being the deliberation by the members of the Board of Works concerning a decision in the Nibarger disciplinary hearing. Each of the members made statements concerning their individual conclusions based on the evidence presented. General discussion was then had concerning those conclusions. The members unanimously concurred that the preponderance of the evidence supported the finding that Hajor Nibarger had committed conduct unbecoming an officer. Hr. Story made a motion to adopt the following findings of fact: 1. Hajor Nibarger in his private capacity did purchase a cellular telephone in Harch of 1991 and acquiesced to service bills being charged to the Carmel Police Department when he had no authority to do so. 2. Hajor Nibarger allowed the Carmel Police Department to pay his telephone service bills which were personal in nature. 3. The City of Carmel paid eight months of the Hajor's cellular service charges before Nibarger ever attempted to prevent other improper payments. 4. During an internal investigation Hajor Nibarger made false and misleading statements to the Chief of Police. (a.) Hr. Nibarger stated he had directed the telephone vendor to bill the Carmel Dad's Club and not the Carmel Police Department when he knew the statement was false and misleading. (b.) During the Chief's official inquiry he said he (Nibarger) had an agreement with Carmel Dad's Club who would pay his telephone service charges when he knew the statement to be false and misleading. o In a separate investigation conducted by Detective Bolander, of the Indiana State Police, Mr. Nibarger told the Detective that the Hajor did not cause the bills to be sent to the Police Department and he had no reason to know such was occurring when Hajor Nibarger knew such statement to be false and misleading. o Hajor Nibarger knowingly misled the Carmel Dad's Club by telling its Board members that he, the Hajor, had been vindicated in the official investigations of his phone service bills and that the matter was closed, at a time when such was not the case and when the Hajor knew his statements were false and misleading. 7. Hajor Nibarger engaged in conduct that first caused and then failed to prevent the unauthorized payment of the city police funds for private expenses. During the official investigations of these matters, Hajor Nibarger provided false and misleading information to investigators and others and sought to impede these investigations. o Hajor Nibarger knowingly solicited Carmel Dad's Club administrator, Virginia Stowers, to tell investigators matters which he knew to be false. o That Hajor Nibarger's conduct in this matter reflects disrespect, disgrace and debasement upon himself and the Carmel Police Department and that this conduct is not in keeping with the high moral standards and policies of the Carmel Police Department. Hr. HcKinney seconded the motion to adopt the above findings of fact. A vote was taken and by three to zero decision the Board adopted said findings in support of the decision of the Board that Hajor Nibarger is guilty of conduct unbecoming an officer. The Board next considered the appropriate punishment. Hr. Story stated that he didn't think discharge was appropriate in as much as he didn't want to destroy Hajor Nibarger's years of service and pension rights. He suggested some combination of reduction in rank and a suspension without pay, as well as a letter of public apology from Hajor Nibarger to the Carmel Dad's Club. Hr. HcKinney concurred and suggested in addition a letter of reprimand be placed in Hajor Nibarger's permanent file. Hayor Johnson suggested in light of the likely effect on the public respect for the Carmel Police Department that possibly a dismissal was warranted. In light of the Hayor's suggestion of dismissal, Hr. Story made a motion to suspend Hajor Nibarger for a period of six months, without pay, to begin immediately, and that if the letter of apology is written to the Carmel Dad's Club, Hajor Nibarger be allowed to return to the department at the rank of 1st Class Patrolman after the six months of suspension, and that Nibarger be then eligible for any future promotions based on merit and performance. Mr. McKinney amended the motion to make sure the letter of reprimand would be placed in Nibarger's permanent personnel file. Hr. HcKinney then seconded the motion as amended. Before the vote was taken the Hayor clarified that the effective date of the suspension would be July 22, 1992. The vote was then taken and by three to zero margin the Board approved the motion for the above referenced disciplinary action. ADJ©~NT: There being no further business before the Board the meeting was duly adjourned. Respectfully submitted, That Major Nibarger's conduct in this matter reflects disrespect, disgrace and debasement upon himself and the Carmel Police Department and that this conduct is not in keeping with the high moral standards and policies of the Carmel Police Department. Mr. McKinney seconded the motion to adopt the above findings Of fact. A vote was taken and by three to zero decision ~the Board adopted said findings in support of the decision of the Board that · Major Nibarger is guilty of conduct unbecoming an officer. The Board next considered the appropriate punishment. Mr, Story stated that he didn't think discharge was appropriate in as much as he didn't want to destroy Major Nibarger's years of service and pension rights. He suggested some combination of reduction in rank and a suspension without pay, as well as a letter of public apology from Major Nibarger to the Carmel Dad's Club. Mr. McKinney concurred and suggested in addition a letter of reprimand be placed in Major Nibarger's permanent file. Mayor Johnson suggested in light of the likely effect on the public respect for the Carmel Police Department that possibly a dismissal was warranted. In light of the Mayor's suggestion of dismissal, Mr. Story made a motion to suspend Major Nibarger for a period of six months, without pay, to begin immediately, and that if the letter of apology is written to the Carmel bad's Club, Major Nibarger be allowed to return to the department at the rank of 1st Class Patrolman after the six months of suspension, and that Nibarger be then eligible for any future promotions based on merit and performance. Mr. McKinney amended the motion to make sure the letter of reprimand would be placed in Nibarger's permanent personnel file. Mr. McKinney then seconded the motion as amended. Before the vote was taken the Mayor clarified that the effective date of the suspension would be July 22, 1992. The vote was then taken and by three to zero margin the Board approved the motion for the above referenced disciplinary action. ADJOURNMENT: There being no further business before duly adjourned. ATTEST: ~san W. Jones, C~rk-Treasurer the Board the meeting was Respectfully submitted, ~u~an W. Jones, Cl~k-Treasurer son, Mayor 5