AGENDA
Wednesday, May 22, 2013
Building Commission – Ron Beane Police Department – Chief Billy Bolin
Emergency Management-Sherman Greer Fire Department – Chief Mike Connelly
~ Pledge of Allegiance ~
Departmental Reports:
A. Fire Department ~ Chief Mike Connelly
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve awarding the bid to Laundry City:
1. Request approval to award the bid for washer/extractor equipment.
Assistant Chief Anslinger stated Laundry City was $900.00 higher than the lowest bid. They chose Laundry City because the lowest bidder bid on a single phase unit. Laundry City bid on a 3 phase unit which makes it more energy efficient. Laundry City also offered longer warranty 180 days as opposed to lowest bidder 90 days.
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve awarding the bid to Midwest Contracting which was the lowest bidder:
2. Request approval to award the bid for renovations to the Administration Building for the PPE Facilities project.
Motion by Ms. Calloway, 2nd by Mr. Gulledge and so ordered to approve contract with Michael L. Ewald Architect LLC:
Debbie Spalding with City Purchasing advised this contract will be paid out of Contractual Services that was in their original budget approved by the City Council.
3. Request approval for Michael L. Ewald Architect LLC to Provide General Professional Architecture/Engineering Design and Consulting Services to support the needs of the City of Evansville Fire Department in managing, maintaining and improving department facilities.
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve Ram Air the contract for drying cabinets:
Assistant Chief Anslinger advised they also put in bid for ambient air drying cabinets which they would like to award to Ram Air.
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
4. Request approval to accept $400.00 grant from Holiday Management Foundation for purchase of commercial tourniquets for vehicles.
B. Transportation and Services ~ Jim Cruse
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
1. Installation of 2 “Blind Person Ahead†signs on Cave Ave between Hurst Ave and New Harmony Road.
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
2. Installation of 2 “Right Turn Only†signs in the Virginia St right of way at the exit of Eastland Place and the new Chipotle Restaurant. This will cover the north and south side exits onto Virginia St approximately 500’ east of Green River Rd. Requested by EPD and investigated by MPO and Traffic Engineering.
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following request:
3. Installation of “No Parking Anytime†signs on Walnut St between Eagle Crest Dr and Eagle Lake Dr. Signs will be on the north side of the road next to the lake. With vehicles parked on both sides of the road it does not allow for free traffic flow or emergency vehicle access through this section of roadway. This is being requested by the Eagle Crest Association, Inc., Jacob Pendleton-Association President.
C Building Commission ~ Ron Beane
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
1. Request approval O’Risky Excavating to become a qualified bidder on demolitions.
2. Request approval to open and award bids for the below listed properties:
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve opening and awarding the bids for the demolition of below properties:
Address Velpen Stemaly Stradtner Powers Herrmann Naas LLC
5701 N. First Ave – House $ 7,000.00 $ 8,952.00 $ 5,374.00 $ 6,500.00 $ 5,600.00 $ 7,100.00
818 N. Governor St – House $ 5,000.00 $ 5,888.00 $ 5,463.00 $ 5,800.00 $ 5,950.00 $ 5,001.00
904 N. Governor St – House $ 7,600.00 $ 7,016.00 $ 5,842.00 $ 5,400.00 No bid $ 5,075.00
641 Monroe Ave – House $ 7,400.00 $ 7,326.00 $ 7,449.00 $ 12,500.00 $ 6,200.00 $ 9,325.00
2215 Pollack Ave – House,garage,remove mailbox,post,steel post in drive protruding above ground 4′,interior fencing,BBQ grill,fencing on ground,fence along right of way, (back of property) concrete bird bath, (pedestal) concrete bench, flag pole, shrubbery and overgrowth of vegetation $ 6,200.00 $ 7,016.00 $ 5,349.00 $ 6,000.00 $ 4,380.00 $ 5,860.00
2800 E. Riverside Dr – Garage $ 2,200.00 $ 4,009.00 $ 975.00 $ 1,500.00 $ 1,200.00 $ 1,325.00
2625 S. Roosevelt Dr – House and attached garage, two sheds and deck, remove fencing along back and west side of the property $ 4,200.00 $ 4,560.00 $ 3,949.00 $ 5,800.00 No bid $ 5,900.00
656 Taylor Ave – House $ 3,860.00 $ 5,088.00 $ 4,889.00 $ 4,800.00 No bid $ 5,875.00
a. 5701 N. First Ave – House
b. 818 N. Governor St – House
c. 904 N. Governor St – House
d. 641 Monroe Ave – House
e. 2215 Pollack – House, garage, and remove mailbox, post, steel post in drive protruding above ground 4’, interior fencing, BBQ grill, fencing on ground , fence along right of way, (back of property) concrete bird bath, (pedestal) concrete bench, flag pole, shrubbery and overgrowth of vegetation.
f. 2800 E. Riverside Dr – Garage only
g. 2625 S. Roosevelt Dr – House and attached garage, two sheds and deck, remove fencing along back and west side of the property.
h. 656 Taylor – House
D. Special Events
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
1. West Side Nut Club requests approval for a parade for new members on June 18, 2013 from noon until 12:10 pm. Starts at West Branch Library, 2000 W. Franklin St, walk west on Franklin Street, end at St Joe Ave.
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
2. F.J. Reitz Instrumental Boosters request approval for “Drums on the Ohio†June 26, 2013 from 8:00 am until 11:30 pm. Close Forrest Ave between Lemcke and Marine. One lane of traffic (enough for a fire truck to get through) on Forest, Hillcrest Terrace, and Edgewood between Lemcke and Marine.
Consent Section:
A. Handicap Parking
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following request:
1. Request approval to remove the following handicap signs:
a. 751 E. Chandler Ave – moved
b. 755 E. Chandler Ave – deceased
c. 1828 Glendale Ave – deceased
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following request:
2. Request approval to install the following handicap sign:
a. Rose Lee Mercer – 9 W. Maryland St – 426-1996 paperwork in order.
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following request:
3. Request approval to change the name of handicap applicant at 2817 W. Virginia from Ruth Hatcher to Betty Jeffries. Sign has already been installed.
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following request:
4. Request approval to deny handicap parking signs:
1. 622 E. Columbia Street -rock parking pad in the rear off the alley with a brick walk to the house.
2. 215 E. Louisiana – rear parking area off of the alley.
B. Taxi Cab Driver Permits
Motion by Mr. Bagbey, 2nd by Ms. Calloway and so ordered to approve the following cab drivers:
Bill Kremer with Unity Taxi addressed the board.
Mr. Kremer stated he felt obligated to bring up one of the drivers on the list and apologized for not being better prepared but he just found out about this 15 minutes ago. Craig Claar drove for him at Unity and tested positive for controlled substances. Mr. Kremer turned that information in to the Safety Board. Mr. Kremer stated according to the State of Indiana you’re not allowed to drive a taxi cab or any commercial vehicle if you test positive for this particular substance.
Mr. Kremer had a copy of Mr. Claar’s test with him.
Mr. Gulledge stated this information was brought to the Safety Board at its last meeting.
Mr. Kremer stated Mr. Claar has a doctor’s prescription to take some substances but the State of Indiana doesn’t clear a person to drive with those substances. Just because you’re allowed to have the substance doesn’t mean you are allowed to operate a motor vehicle or a commercial motor vehicle. It is Mr. Kremer’s understanding that this substance, because it being rather dangerous, would not allow Mr. Claar to drive. Mr. Kremer stated he let Mr. Claar operated his vehicle while he was on that substance. Mr. Kremer felt he was putting himself at risk by saying he was guilty of allowing this to happen. Mr. Kremer also thought because there was a prescription that it was okay. Since that time, he’s learned it’s not. Not only is it not allowed, but also a company that would allow someone to drive with that could lose their insurance. Mr. Kremer understands the State of Indiana says you can’t drive with that substance. Our ordinance says you have to meet the State of Indiana requirements to operate a commercial vehicle or taxi cab and he does not according to Mr. Kremer.
Mr. Gulledge asked Counsel Havill if he had an opinion.
Mr. Havill stated he’s not seen the doctor’s note.
Mr. Kremer stated he had a copy if Mr. Havill would like to see it.
Mr. Havill stated Mr. Claar has obtained a valid Public Passenger Chauffeurs License that meets the requirements of Indiana Code.
Mr. Kremer understands that Indiana Code specifically lists this particular substance as saying you can’t drive because it is a very dangerous substance to operate machinery with someone else’s live in your hands. That is why Mr. Claar no longer drives for him. The person was dismissed according to Mr. Kremer because he wishes to abide by the law and realized he was in error. Mr. Kremer said it cost him 400 bucks a week to let him go. He wouldn’t let someone go for no reason if that was the case. Mr. Kremer did not bring the State Statute because like he said earlier he didn’t have any intention of coming to this meeting. He was actually here on another matter and he was informed of this meeting a few minutes before he got down here. Mr. Kremer understood that it was already a done deal that Mr. Claar can’t have a license because of this substance. There is more to the issue than this but Mr. Kremer doesn’t know if this is the appropriate place. There was a reason the testing was done according to Mr. Kremer.
Craig Claar introduced himself. Mr. Claar called the Department of Transportation to find out what you’re allowed to do, what substance you’re allowed to do so he would be prepared for this meeting. He has waited over a month to drive again. Mr. Claar stated the statute is for a Class A CDL. To obtain a Class A CDL Mr. Claar acknowledges that methadone and oxytocin are two banned substances. Mr. Claar stated it does not require a Class A CDL to drive a cab. Mr. Claar talked to the State of Indiana and did everything single thing they told him to do. Mr. Claar also did everything the Safety Board asked him to do. Mr. Claar doesn’t know what statute Mr. Kremer is referring to. Mr. Claar pointed out that if he were unable to quality for a Public Passenger’s License the BMV would not have issued him one. Mr. Claar also stated he had to be drug tested when he applied at Yellow. Mr. Claar stated he didn’t hide anything. Nothing was hidden from Unity Taxi; the driver coordinator knew that Mr. Claar was on methadone.
Mr. Bagbey was absent from the last two meetings and requested clarification. Mr. Bagbey stated he is a drug and alcohol therapist certified by the state. He asked Mr. Claar if he was on a maintenance program.
Mr. Claar stated he is at the maintenance clinic but is not on a maintenance program. He is there for pain management.
Mr. Bagbey wanted to know if he was in the decreasing dose program or if he was on a certain level that he will be on for the rest of his life.
Mr. Claar stated he is on the decreasing dose program.
Mr. Bagbey did not see a reason Mr. Claar could not drive a vehicle.
Mr. Kremer advised our City Ordinances were restructured two and a half years ago by the city. It had nothing to do with him or anybody else. They restructured it that says for our drugs we have to comply with the Class A CDL requirements. He remembers it well because he spent days and days and days studying trying to figure out what to do because it was rather confusing for them. Mr. Kremer is not happy the way the City Ordinance is structured. He thinks it should be clarified.
Mr. Havill advised at this point he is going to have to take a look at the ordinance and give the board a legal opinion as to what he can and can’t test positive for.
Mr. Claar advised the reason Mr. Kremer is making such a big deal of this because Mr. Claar was making over $1,000.00 a week driving a cab. Mr. Kremer knew Mr. Claar was going to drive for his competitor. Mr. Kremer’s driver’s coordinator told Mr. Claar the first day he was there that as long as he had a prescription for the methadone its okay. Now Mr. Kremer is coming before you and he is trying to stall Mr. Claar out of a car when the people he employees told Mr. Claar to have someone else take his drug test so he could pass it. Mr. Claar stated the other driver that used to be the driver coordinator; James Burchett came in the meeting with Mr. Kremer’s driver coordinator now, Tabitha and told Mr. Claar they knew he had methadone; as long as Mr. Claar had a prescription for it not to worry about it. Now Mr. Kremer is coming before the board saying everything he did was wrong and he didn’t know that. Mr. Claar states 3/4 of the cab drivers at Unity and some that he knows at Yellow take prescriptions. Mr. Claar stated the next meeting is not for 3 weeks and he has already waited 4 weeks trying to get the license.
Mr. Havill apologized for Mr. Claar waiting another 3 weeks. The board is asking Mr. Havill to render a legal opinion as to whether what Mr. Kremer has alleged is correct. Mr. Havill will have to look at that.
Mr. Claar wanted to know if the board was going to bring in every driver at Unity.
Mr. Havill advised the board will deal with everything on a case by case basis, take complaints as they come.
Mr. Claar stated Mr. Kremer has accomplished what he wanted by keeping Mr. Claar out of a cab and that’s his only goal.
Mr. Gulledge assured Mr. Claar the board is going to do what it can and do it right. Mr. Gulledge is sorry as well as the rest of board. Mr. Gulledge stated the BMV knows the state law but may not know the local ordinance if there is one on there, that Mr. Kremer says there is.
Mr. Claar said Mr. Kremer says he didn’t know Mr. Claar was coming down here to get his cab license until today, but yet he contacted Tina, he contacted the Chief of Police, he called Yellow Cab and he called Mighty Cab. He told all these cab companies don’t hire this guy it’s a police issue. Mr. Claar has an attorney looking into whether or not what he did was even legal because number 1, there was no police issue. There’s never been a police issue. Mr. Kremer knew Mr. Claar left Unity to go to Yellow and that’s why they are here today. Mr. Kremer knows this is killing Mr. Claar. He knows they can’t put me in a cab. Mr. Kremer is winning. Mr. Claar doesn’t know what else to do. Mr. Claar has brought in all the paperwork. Mr. Kremer just shows up with “I think there’s this. I think there’s that.â€
Mr. Havill understands the situation and is sympathetic. The board is not on anyone’s side here. We just need to look at the ordinance relative to the statute and then Mr. Havill will render an opinion to the board. At that point Mr. Claar will be on the agenda and the board will vote on whether to grant or deny the application.
Mr. Gulledge appreciates all Mr. Claar has done. He’s brought in all the paperwork.
Mr. Bagbey moves to amend the original motion for all applicants with the exception of D, 2nd by Ms. Calloway and so ordered:
1. Request approval for the following to receive taxi cab driver permits:
a. Sean Wharton
b. Thomas Harvey
c. Robert Schermack
d. Craig Claar
e. Lisa English
f. Joshua Nunn
g. Michael Weaver
h. Roy Trafford
i. Nicholas Ford
j. Joseph McCool
k. Carl Hohman
C. Taxi Cab-Owners Application
Ms. Calloway asked Mr. Kremer if all of the driver’s at Unity are legal and if there was a way to find out if they are legal.
Mr. Kremer advised he would love to address that. Mr. Kremer said he would not lie to the board he would tell the board like it is. Mr. Kremer advised there is not a way. Mr. Kremer stated he is on his way to the Mayor’s Office that he had been asked to bring him documentation. Mr. Kremer stated if a taxi cab does something illegal there’s no good mechanism to hold them accountable. Mr. Kremer asked the board to hold him accountable, to hold his competitors accountable. Mr. Kremer told the board he knows for a fact there are violations after violations after violations. Mr. Kremer has copies of criminal arrests, newspaper articles repeatedly involving taxi cab drivers. Because there’s not a mechanism in place, Mr. Kremer stated the board would not know if he was following the law or not. Mr. Kremer stated he is following the law. He submitted his paperwork today so his company would be in compliance for 2013. Mr. Kremer feels Evansville needs to adopt what Newburgh has, what Princeton has, what so many cities in this country have and that is the police department or the board or whoever the community decides who should be the governing agency has the legal right to go into the offices or pull the cabs over and look in the glove box and check the legal paperwork. Mr. Kremer repeated there is not a proper mechanism in place and that is his number one fight is to improve that. Mr. Kremer admitted his mistake but feels there should be some mechanism in place that he should be subject to a fine. He feels it should come before the board to determine if they believe he made the mistake on purpose. When he looks at the law he doesn’t even know if he is held accountable for that.
Mr. Gulledge advised this was discussed at the last meeting.
Mr. Havill will address Ms. Calloway and Mr. Claar’s questions.
There was a motion made at last meeting for the attorney to look into this.
Mr. Havill will address what the ordinance says and what’s going on to the extent of what’s been asked. If Mr. Kremer is asking the ordinance be amended that would be for City Counsel.
Mr. Kremer stated the City Council wants a recommendation from the Board of Public Safety.
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following request:
1. Unity Taxi – paperwork in order
OTHER BUSINESS:
Motion by Ms. Calloway, 2nd by Mr. Bagbey and so ordered to approve the following items:
1. Approve claims.
2. Approve the minutes of Wednesday, May 8, 2013
Announcements:
Next meeting, June 12, 2013 at 1:00 pm
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Meeting adjourned 1:50 pm
