REGULAR MEETING OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF PERU January 15, 2015

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1 REGULAR MEETING OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF PERU January 15, 2015 The Board of Public Works and Safety of the City of Peru, Indiana met in regular session at 9:00 am January 15, 2015 with the following members present, Mayor Jim Walker, Board Member Steve Gough, City Attorney Bill Berkshire, City Clerk Treasurer Jackie Gray and Deputy Clerk Dea Masters. Others present was Police Chief Ray Raney, Fire Chief Chris Betzner, department heads and other interested parties. ************************************************************************* Motion was made by Bill Berkshire seconded by Steve Gough to suspend the rules and dispense with the reading and correcting of Journal of minutes of regular meeting on December 30, ************************************************************************* Motion was made by Bill Berkshire, seconded by Steve Gough to pay claims submitted on January ****************************************************************************** OLD BUSINESS: Overview on disciplinary action of Patrolman Finnegan Mayor Walker asked Officer Finnegan if he had anything that he wanted to say, Officer Finnegan said he had nothing further to say that hadn t been said at the last meeting. Board Member Steve Gough started out by apologizing for dragging out this issue for so long. He stated that he could not attend the last meeting due to having to attend another very important meeting, and felt he had to postpone the first meeting due to having to read over all the reports from the Chief on the appeal of Officer Finnegan. Board member Gough stated that there was 4 offenses that disciplinary actions were handed down to Officer Finnegan.. After reviewing all reports, Steve Gough made a motion to support the Chief in all 4 counts and support the Chiefs disciplinary action against Officer Finnegan, seconded by Jim Walker. ******************************************************************************** NEW BUSINESS: AMENDED RESOLUTION 2, 2014 POLICY NUMBER V BOARD OF PUBLIC WORKS AND SAFETY AMENDED RESOLUTION 2, 2014 A RESOLUTION AMENDING THE CITY OF PERU PERSONNEL POLICY CONCERNING VACATIONS City of Peru, Indiana Policy Number: V VACATION 1.0 Policy

2 It is the policy of the City of Peru to provide paid vacation for its employees. 2.0 Scope This policy shall apply to all City Employees. 3.0 General 3.1 During subsequent years of continuous full time employment, the employee will receive paid vacation leave accrual as follows: Years of completed service Equals Days per year 1 through through through thereafter 25 Due to three shift scheduling at the City of Peru Fire department, the employee will receive paid vacation leave accrual as follows: Years of completed service Equals Days per year 1 through through through thereafter A maximum of five (5) days vacation leave accrual may be carried over to a succeeding calendar year. 3.3 Vacation leave accrues on the employee s anniversary date and may be scheduled during the calendar year. 3.4 Vacation leave will be granted at a time which is mutually acceptable to the employee and the department head, consistent with the nature of the services provided by the department head, consistent with the nature of the services provided by the department in which he/she is employed. 3.5 Paid holidays and official holidays occurring during an employee vacation period will not be deducted from vacation.

3 3.6 Vacation leave credits to which an employee may be entitled terminate on the day preceding the day of termination of the employee. 3.7 Each department is responsible for maintaining a permanent record of absences due to vacation leave for each employee with a copy sent to the personnel office to go into the employee s personnel file. City Clerk Treasurer Jackie Gray explained that since the Fire Department works a 24 hour shift, their vacation schedule will be accrued as follows: Due to three shift scheduling at the City of Peru Fire department, the employee will receive paid vacation leave accrual as follows: Years of completed service Equals Days per year 1 through through through thereafter 13 Bill Berkshire made a motion to adopt Amended Resolution 2, 2014, seconded by Steve Gough. PASSED AND ENACTED this 15 th day of January, 2015 James R. Walker, Mayor Steve Gough, Board Member William Berkshire, Board Member ATTEST: Jackquan E. Gray _ ******************************************************************************** NEW BUSINESS: Road Block Request: Flag Day Celebration Per request: from Tim Spahr on January 6, 2015 Dea, As per our telephone conversation this afternoon, I am writing to let you know that this year s Flag Day Celebration is scheduled to take place on the west lawn of the Courthouse on Sunday, June 14, 2015, at 2:00 p.m., and to request that approval be granted for Broadway between Main Street and Fifth Street to be blocked off from around 1:30 p.m. until around 3:00 p.m. that day. In the past, the city has made wooden roadblocks available for that purpose, and it would be great if that could happen again this year. Also, I would appreciate it if you could arrange for notice of the event to be placed in the community calendar. I should note that, although the event has been organized by the Miami County Tea Party in

4 the past (specifically, prior to 2013), the Tea Party no longer organizes the event. Furthermore, the Flag Day Celebration is not intended to be a political event. For those reasons, it should not be listed as a Tea Party event in the community calendar. Please let me know at your earliest convenience whether approval will be granted for Broadway to be blocked off. Additionally, if there are any questions or concerns about listing the event in the community calendar, please feel free to contact me. Thank you very much, Tim Spahr Bill Berkshire made a motion to approve the road block request on June 14, 2015, seconded by Steve Gough. ******************************************************************************* NEW BUSINESS: Interlocal Agreements for Fire Protection between the City of Peru and Mexico & Denver. INTERLOCAL AGREEMENT FOR FIRE PROTECTION BETWEEN THE DENVER VOLUNTEER FIRE DEPARTMENT INC., AND THE CITY OF PERU, INDIANA, FOR THE BENEFIT OF PERU TOWNSHIP THIS AGREEMENT is made this 15 day of January, 2015, by and between the Denver Fire Department Inc., of Miami County, Indiana, by its Board of Directors and with the consent of the members of said Fire Department, and the City of Peru, Indiana, by and with the consent of its Board of Public Works and Safety. WITNESSETH, that the Denver Volunteer Fire Department Inc., hereinafter called the First Party, is a voluntary fire fighting organization which maintains firefighting equipment for the purpose of extinguishing fires which may occur in the area of the town of Denver, Indiana, and Richland Township, and said First Party is best situated to assist the Peru Fire Department in extinguishing fires in the area described below, and the City of Peru, Indiana the Second Party, is desirous of contracting with First Party in assisting the Peru Fire Department in fire protection in the following described area: All areas of Peru Township in Miami County, lying North of County Road 250 North. First and Second Parties, by and through their officers entering into this Contract, are authorized and empowered to do so by virtue of Acts of the Indiana Legislature codified at Indiana Code NOW, THEREFORE, IT IS MUTUALLY AGREED that the First Party shall be dual dispatched to structure fires for tanker support to all of that portion of Peru Township in Miami County, Indiana, lying North of County Road 250 North in Miami County, Indiana, to the extent of the use of First Party s manpower which is available at the time of a fire and tanker/tankers of First Party s firefighting equipment which is available at the time of a fire, when called. In consideration of the services provided by First Party, Second Party agrees to pay First Party the sum $2, per year for the one-year duration of this Interlocal Agreement. Payment shall be made from the funds of the Fire Territory created by the City of Peru and Peru Township, and shall be payable in two payments annually, one-half subsequent to the Second Party s spring tax draw and one-half following the fall tax draw.

5 The First Party shall hold harmless the Second Party from any and all liability which may be due to the fact of accident or injury to one or more members of the Denver Volunteer Fire Department, Inc. or employees thereof while in the act of rendering such fire protection or going to or from such mission. The First Party shall save harmless and protect said Second Party from any and all liability due to the acts of the Denver Volunteer Fire Department Inc., by obtaining a policy of insurance against such occurrences from a standard, recognized and reputable insurance company, and by carrying all other insurance as required by law. It is further provided that the Denver Volunteer Fire Department Inc., in addition to insurance heretofore set out, shall carry, pay for and keep in force, at the cost of the Denver Fire Department Inc. adequate, appropriate and at least the minimum insurance coverage required by I.C and I.C whereby the City of Peru shall be fully protected and saved harmless from all loss, cost, damage, and liability growing out of or connected with the employment, failure or refusal by the Denver Volunteer Fire Department Inc., in performing, or failing to perform, all duties and obligations resting upon the Denver Volunteer Fire Department Inc., connected with this contract in so far as any such loss, costs, liability, expenses and damages may rest upon or be asserted against the City of Peru. The City of Peru shall be entitled at all times to hold copies of such policies of insurance during the term of this Agreement, and to be furnished by the Denver Volunteer Fire Department Inc., with an annual Certificate or Insurance coverage witnessing the satisfaction of the obligations of the Denver Volunteer Fire Department Inc., under the terms and conditions of the Agreement to provided insurance coverage. THE DURATION OF THIS AGREEMENT shall be from January 1, 2015, to and through December 31, The Denver Volunteer Fire Department Inc., Miami County, Indiana, shall comply with I.C by providing to the Indiana State Board of Accounts a Financial Report covering the full period of each fiscal year within thirty (30) days after the close of each fiscal year. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this, day of DENVER VOLUNTEER FIRE DEPARTMENT INC. By: By: President, First Party Secretary, First Party APPROVED BY THE PERU BOARD OF PUBLIC WORKS AND SAFETY James R. Walker, Mayor William F. Berkshire, City Attorney

6 Steve Gough, Member Prepared by: William F. Berkshire, Attorney # City Attorney 35 South Broadway Peru, IN x118 INTERLOCAL AGREEMENT FOR FIRE PROTECTION BETWEEN THE MEXICO COMMUNITY FIRE PROTECTION ASSOCIATION, INC., AND THE CITY OF PERU, INDIANA, FOR THE BENEFIT OF PERU TOWNSHIP THIS AGREEMENT is made this 15 day of January, 2015, by and between the Mexico Community Fire Protection Association, Inc., of Jefferson Township, Miami County, Indiana, by its Board of Directors and with the consent of the members of said Fire Department, and the City of Peru, Indiana, by and with the consent of its Board of Public Works and Safety. WITNESSETH, that the Mexico Community Fire Protection Association, Inc., hereinafter called the First Party, is a voluntary fire fighting organization which maintains firefighting equipment for the purpose of extinguishing fires which may occur in the area of the town of Mexico, Indiana, and said First Party is best situated to assist the Peru Fire Department in extinguishing fires in the area described below, and the City of Peru, Indiana the Second Party, is desirous of contracting with First Party in assisting the Peru Fire Department in fire protection in the following described area: All that part of Peru Township in Miami County, lying North of County Road 250 North. First and Second Parties, by and through their officers entering into this Contract, are authorized and empowered to do so by virtue of Acts of the Indiana Legislature codified at Indiana Code NOW, THEREFORE, IT IS MUTUALLY AGREED that the First Party shall be dual dispatched to structure fires for tanker support to all of that portion of Peru Township in Miami County, Indiana, lying North of County Road 250 North in Miami County, Indiana, to the extent of the use of First Party s manpower which is available at the time of a fire and tanker/tankers of First Party s firefighting equipment which is available at the time of a fire, when called. In consideration of the services provided by First Party, Second Party agrees to pay First Party the sum $2, per year for the one-year duration of this Interlocal Agreement. Payment shall be made from the funds of the Fire Territory created by the City of Peru and Peru Township, and shall be payable in two payments annually, one-half subsequent to the Second Party s spring tax draw and one-half following the fall tax draw. The First Party shall hold harmless the Second Party from any and all liability which may be due to the fact of accident or injury to one or more members of the Mexico Community Fire Protection Association, Inc. or employees thereof while in the act of rendering such fire protection or going to or from such mission. The First Party shall save harmless and protect said Second Party from any and all liability due to the acts of the Mexico Community Fire Protection Association, Inc. by obtaining a policy of insurance against such occurrences from a standard, recognized and reputable insurance company, and by carrying all other insurance as required by law. It is further provided that the Mexico Community Fire Protection Association, Inc., in addition to insurance heretofore set out, shall carry, pay for and keep in force, at the cost of the Mexico Community Fire Protection

7 Association, Inc.adequate, appropriate and at least the minimum insurance coverage required by I.C and I.C whereby the City of Peru shall be fully protected and saved harmless from all loss, cost, damage, and liability growing out of or connected with the employment, failure or refusal by the Mexico Community Fire Protection Association, Inc. in performing, or failing to perform, all duties and obligations resting upon the Mexico Community Fire Protection Association, Inc., connected with this contract in so far as any such loss, costs, liability, expenses and damages may rest upon or be asserted against the City of Peru. The City of Peru shall be entitled at all times to hold copies of such policies of insurance during the term of this Agreement, and to be furnished by the Mexico Community Fire Protection Association, Inc. with an annual Certificate or Insurance coverage witnessing the satisfaction of the obligations of the Mexico Community Fire Protection Association, Inc. under the terms and conditions of the Agreement to provided insurance coverage. THE DURATION OF THIS AGREEMENT shall be from January 1, 2015, to and through December 31, The Mexico Community Fire Protection Association, Inc., of Jefferson Township, Miami County, Indiana, shall comply with I.C by providing to the Indiana State Board of Accounts a Financial Report covering the full period of each fiscal year within thirty (30) days after the close of each fiscal year. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this, day of MEXICO COMMUNITY FIRE PROTECTION ASSOCIATION, INC. By: By: President, First Party Secretary, First Party APPROVED BY THE PERU BOARD OF PUBLIC WORKS AND SAFETY James R. Walker, Mayor William F. Berkshire, City Attorney Prepared by: William F. Berkshire, Attorney # City Attorney 35 South Broadway Peru, IN x118 Steve Gough Member

8 Fire Chief Chris Betzner explained to the Board that this is an ongoing agreement between these two fire departments and Peru Fire Department., and these contracts just needs to be renewed yearly. Steve Gough made a motion to approve the Fire Protection agreements between Peru Fire Department and Mexico Community Fire Protection Association, Inc. and Denver Volunteer Fire Department Inc., seconded by Bill Berkshire. ******************************************************************************** Mayor Walker asked if there was anything else to come before this meeting and audience member Matt Richardson questioned why Police Chief Raney was at the Republican Headquarters while on duty during the announcement of the Republican Party. Chief Raney explained that he had worked over 40 hours that week and he took a few hours of comp time during this time in question. Matt Richardson questioned why the Police Chief carries a different firearm than the police officers. Chief Raney explained that he is certified through the State and gets certified every year to carry his own personal firearm. Chief Raney further explained that the firearm that was ordered from the department was on a delayed back order and he just received it this past week. Mayor Walker explained that Chief Raney is contracted through the city and has been hired exclusively to be the City of Peru Chief of Police. Audience Member Denise Ryan asked if any other Police Chief had ever been contracted and Mayor Walker said no, previous Chiefs were hired within the department. Matt Chilcutt (MC Contracting) asked if anything has been done with the sealed bids on the lighting and heating work within City Hall. Mayor Walker and Attorney Bill Berkshire stated that a new scope of work will have to be written up and bidding will be re advertised. Chief Raney brought up a concern that other officers had on a no sidewalk issue at the end of Daniel Street by Square D. School kids are walking where there is no sidewalk and next to the guard rail at Square D and this is a safety hazard. The Board will get with Traffic Supervisor Wade Adkins on this issue to see what can be done to resolve this problem. ******************************************************************************** With nothing further to come before this meeting Bill Berkshire made a motion to adjourn, seconded by Steve Gough. James Walker Mayor of the City of Peru, Indiana Attest: Jackquan E. Gray Clerk-Treasurer City of Peru, Indiana