Board of Public Safety

BOARD OF PUBLIC SAFETY' MINUTES APRIL 10, 2016 PUBLIC HEARING 4:00 PM Common Council Chambers City of Anderson, IN 120 East Eighth Street MEMBERS PRESENT Ms. Rector made a motion to accept the claims Mike McKinley, Chairperson for the fire department in the amount of NiCale Rector, Member $68,748.13. Mr. Dixon seconded. Motion Sam Dixon, Member passed. Mr. Mcicinley said the next set of claims total OTHERS PRESENT $134,807.59. *see attached sign in sheet Evan Broderick, City Attorney Mr. Mcicinley said the fire departments total is Wendy Anderson, Board Secretary $95,188.58. CALL TO ORDER Ms. Rector said she has some questions. She said on the claims, smoke generator, it looks like it is Mr. McKinley called the meeting to order at 4:00 paid from a grant is this correct? p.m. and Mr. Dixon performed the invocation. Mr. McKinley led the Pledge of Allegiance. Deputy Chief Mr. Cawthorn said correct, that is paid out of the state fire ground district six grant MINUTES that they get. All these funds come from the state fire grants and none of them are paid from the Mr. McKinley asked the members if they had a city hinds. chance to look over the minutes from the last meeting on February 27, 2017. Ms. Rector said the next one is commission # 91. There was a large one that says emergency Ms. Rector made a motion, to approve the repairs and it is $1,200. minutes. Mr. Dixon seconded Motion passed. Deputy Chief Mr. Cawthorn says that is axel Mr. Mckinley asked the members if they had a seals for the 2004 expedition that is our captain chance to go over the minutes from the March of tactical services vehicle. 13, 2017 meeting. Ms. Rector said last but not least she wanted to Ms. Rector made a motion to accept the minutes. address, this is a large expense and it is on the Mr. Dixon seconded_ Motion passed. claims. There is a feasibility study and it is for HQ which is headquarters and the claim is for $12,000. Could you please explain this? CLAIMS TO BE PAW Deputy Chief Mr. Cawthorn said this is for the Total claims in the amount of S107 721.29 architect. We have budgeted this year to start renovations for our headquarters and this is the Mr. McKinley stated the Fire Department claims first round for the electrical, plumbing, HVAC, total $68,748.13. & the structural stability of the building. 1 Ms. Rector said so this is the first round, will we Mr. Mckinley said Emergency Management see more rounds? claims total $3,162.26. Deputy Chief Mr. Cawthorn said yes, probably Mr. Dixon asked if these were from the February one more and it will be around the same amount Claims. and this was budgeted for as well. Mr. Mckinley said yes. Ms. Rector made a motion to approve the claims for the fire department in the amount of Ms. Rector made a motion to accept the $95,188.58. Mr. Dixon seconded_ Motion Emergency Management claims in the amount of passed_ $3,162.26. Mr. Dixon seconded. Motion passed. Mr. Mckinley said the police department claims Ms. Rector said at the February meeting the for March 27, 2017 total $38,973.16. board had tabled some claims and she wanted to know what came from that Ms. Rector made a motion to accept the claims in the amount of $38,973.16. Mr. Dixon Secretary Mrs. Anderson said she would check seconded. Motion passed. into that and get back with her. Mr. Mckinley said the police department claims Mr. Mckinley asked if the fire department had for April 10, 2017 total $36,455.75. any business they needed to bring before the board Ms. Rector said she has a couple of questions. Her question was. The one claim for Holtslider Deputy Chief said they do. They have a 1987 School for Smart Phones Forensics. She wanted GMC pickup truck that has fallen into disrepair. to know if they went to school and if it cost us to For the last ten years it has been shuffled from give a presentation, but she figured out that it station to station taking up parking spaces. They was for a training class. are asking for the board approval to make it a surplus vehicle to put into the city auction. Major Mr. Sandefur said that was correct Ms. Rector asked if the truck runs. Ms. Rector asked about the claim for FOP negotiations. She wanted to know if this was for Deputy Chief said yes but, the transmission is an attorney. out and both axel seals are gone. Major said yes, that is the attorney the police Mr. Dixon asked what deputy chief projects the department had previously hired and it was a value is for the truck. $7,500 retainer fee that he was paid for services he had rendered. His services are no longer Deputy Chief said he has no idea. required. Ms. Rector made a motion to allow them to Ms. Rector asked if this was the same attorney make the vehicle a surplus and sell it in the city the city attorney had a conflict with hiring? auction. Mr. Dixon seconded. Motion passed. Major said yes mam and these are the last fee's Fire Chief Mr. Cravens introduced himself. He is we owe him. seeking approval for demotion of Battalion Chief Kent Helpling on code 36-8-3-4. Afire chief is Mr. Dixon asked if this will conclude the matter. allowed to suspend up to five days after that it has to be approved by the board and entitled after Major said yes sir. five days to ask for a hearing. Under the following charges he has levied: Neglect of duty, Ms. Rector made a motion to accept the police Conduct unbecoming an officer, 8c immoral department claims in the amount of $36,455.75. conduct Mr. Dixon seconded. Motion passed. Mr. Dixon asked Fire Chief to start from the beginning. 2 Fire Chief said, the scope of responsibilities of Incident scene management should always Battalion Chief on working structure fire is the reflect life safety, incident stabilization and Incident Commander, in which they oversee all property conservation. on scene management, including incident priorities, set up, strategy, tactical objectives, and As Fire Chief I have many responsibilities, not coordination of all emergency resources. The only to public safety, but firefighter safety while Incident Commander will locate a command post preserving property. Many nights I lay awake by taking a prominent position at the incident. wondering how or what I would say to a wife The command post should be situated in a and/or child of a fallen firefighter. With that location which affords the Incident Commander comes responsibility of ensuring proper tactic a good view of the fire building and surrounding and strategy are in place and being applied. area, ideally with a view of two sides of the building. On March 18, 2017, I was notified by a union representative that there were several issues with The Incident Commander is the only person who a particular structure fire incident and he had has exterior, stationary, command post position several calls or concerns about this incident. The advantage that allows current forecasted day of March 20, 2017, I received several written information to be received, processed, evaluated complaints. Therefore. I placed Battalion Chief and then translated into a series of decisions that Kent Helpling on Administration Leave, with control the position and function of firefighters pay, pending further, investigation. I continued to working in a hazard zone. The management receive information from several firefighters becomes a major reason why the Incident stressing concern for their safety and tactics used Commander should stay at the command post. for fire ground safety. Several other firefighters The Commander should maintain a close were complaining and stress concern but we accountability for all personnel. were afraid of retaliation from Battalion Chief Helpling. An undisciplined emergency scene can sometimes produce disastrous results, up to and After carefully reviewing the fire ground including firefighter injuries and death. More incident, reading the fire regort, and listening to often, the fruits of an undisciplined scene will be the narrative, there were many issues concerning disorder, confusion, delay, and unnececcary risk. ground operation. While there were many fire This results in higher loss of property, duplicated ground concerns, most alarming was a hostile efforts, equipment damage and general verbal assault to his subordinate without giving unprofessional display. Half of firefighter clear direction, his display of aggravated, fatalities occurred on emergency incidents. The agitated mannerism which were unbecoming of essence of accountability is the ability to answer an officer, to the issue of a subordinate requiring this question at any time, "Where are my direction and receiving a verbal assault, "Do people?" whatever the blank you want, you guys do whatever the blank you want anyway, but you Many times on fire scenes, there are quick and are not leaving until we are done". There were decisive actions needed and there is no excuse several other verbal assaults that were spoke of for stepping outside the prescribed tactics or but not reported. bypassing duties that should be performed. Without effective fire ground command, the fire In addition, the Battalion Chief abandon his scene can quickly deteriorate into unsafe, out-of- command with bad intention with the possibility control situation. Lack of command promotes of firefighter crew still in the interior. The freelancing, it is unsafe condition the fire ground concerning issue with the abandonment of command absolutely cannot tolerate. command is that Fire Ground wasn't notified, nor was the command transferred, In addition, Battalion Chief Helpling responded to a structure the commander left command to return to his fire, his responsibility is to have an incident vehicle, which his vehicle did not have visual of action plan and coordinate and direct all incident the structure with the commander having turned resources to implement the plan and meet goals his back to view. There was never a 360 degree and objectives, NFPA 1561, an incident action of the structure to ensure that proper fir ground plan, establishes the overall strategic decisions tactic or strategy were in place to determine and assigned tactical objective for an incident. 3 correct decisive decisions were being made for organization allows personnel to act in ways that structural stability. do not reflect the organization goals, objectives, and moral, the public image may be effected. It Two firefighters made a statement that they were is at this time I recommend Battalion Chief Kent so upset with the situation that they couldn't Helpling be disciplined and reduced in rank to believe they had busted their butts and were Sergeant of the Anderson Fire Department under completely physically and mentally exhausted IC 36-8-3-4 for the following: Neglect of Duty, and couldn't their leader was yelling at them and Conduct unbecoming of an Officer, and Immoral then disappeared to his truck and they didn't Conduct. Thank you. have any idea where he was, they were greatly bothered. Ms. Rector asked if this alleged incident occurred on March 8, 2017. Upon receipt of an emergency traffic evacuation order, all affected crews should be accounted for. Fire Chief Mr. Cravens said yes. The Incident Commander should conduct and inform control of a personnel accountability Ms. Rector asked if this was an actual working report. There was never accountability of fire. personnel after the evacuation at 2:30 am. Once switching from offensive to defensive, there Fire Chief said yes an actual working fire. must be accountability of personnel. Without it, there could be imminent danger to firefighter Mr. Mcicinley said he has paperwork that is crews still in the interior of the building, this addressed to Mr. Helpling that says. wasn't performed. Attorney Mr. Broderick said the board needs to In conclusion, there were several fire ground decide if they think there are enough grounds, tactic and strategies that were an issue and then they will give him that letter. potentially life threatening. The issue of accountability, abandonment of command along Ms. Rector made a motion to step out so the with the verbal assaults of firefighters and board could discuss this matter. extreme conditions created a hostile work environment At this point, Battalion Chief Kent Ms. Rector said this is a unique situation, really Helpling has lost his respect and trust from it is one sided at this point. Mr. Helpling has fellow firefighters to lead and protect them at an hired council so it would not be appropriate at emergency scene, the end result of no this time for him to make a statement. confidence. Ms. Rector is prepared to make a motion at this Mr. Helpling has had a continued pattern of time baSed on statements made by Fire Chief misconduct and boisterous disobedience and Cravens that there is a properdance of evidence a verbal assaults on firefighters and has established neglect of duty, and Conduct unbecoming an a history in his leadership. Under the last officer. administration, he was disciplined on a fire scene for arguing and yelling at an Assistant Battalion Ms. Rector made a motion to demote ,Mr. Chief. He has continued the same pattern in his Helpling to Sargent of the Anderson Fire career, including being April 21, 2016. Mr. Department at this time pursuant to aide 36-8-3- Helpling was given a direct order not to be 4. rerouting fire apparatus in an emergency situation and his reply was "blank it, I'll do what Mr. Mckinley said in their discussion they have the blank I want", and he did. There was taken out Immoral Conduct, they don't believe disciplinary action given for disobedience of they can prove immoral conduct, it is such a orders and conduct unbecoming an officer that broad subject. Kent has five days to present in was documented to the Safety Board Chairman, writing that he is not going to accept this. Then Mike Mckinley on April 21, 2016. the board has no less or more then fifteen days. As Fire Chief, I must maintain the integrity and Attorney Mr. Broderick said they have to give safety of the Fire Department along with the them no less than 14 days and the hearing has to confidence of the community I serve. When an take place within 30 days... Mr. Helpling has 4 provided the name of his attorney and he is years and get the third year free with World going to request a hearing. He is going to go Systems. Mr. Dixon seconded. Motion passed. ahead and accept his verbal request if the board votes yea on this motion. Mr. Mcicinley said the Building Commissioner is next. Mr. Dixon seconded. Motion passed. Building Commissioner Mr. Fisher said he has Ms. Rector made a motion to accept Mr. two contractors that want to be approved to do Helpling's verbal request for a hearing and for demolition work for the city. All their paperwork Mr. Broderick to get into touch with Mr. seems to be in order. Williams. Mr. Dixon seconded. Motion passed. Mr. Fisher asked if there was anyone from Chief Cravens said in reducing the moral Yardberry here. conduct. Mr. Broderick said that is the reason why they There was no answer. did the demotion. When they file the actual charge they will include that and then they can Ms. Rector made a motion to table the request decide to modify that from Yardberry to do demolition work. Mr. Dixon seconded. Motion passed. Mr. Mckinley said Anderson Police Department is next. Mr. Fisher said the second contractor has all his paperwork in order and asked if there was a Major Sandefur said the police department represented from RSO Construction here. would hie permission to enter into an agreement with WORLD SYSTEMS INC. that is associated Mr. Scott Pearson came up. with their I Record system. Basically this agreement mirrors the standard service contract Mr. Mckinley thanked Mr. Pearson, he told him agreement It has a warranty that goes along with the board now request that when a company the equipment places a bid to do demo work they have to have someone present at the meetings to answer any Ms. Rector asked if they were wanting a two questions that may arise. year agreement. Ms. Rector said she went through his paperwork Major said yes. They want the two year and it seems like he has experience. She wanted agreement that will give them the third year free. to know how many employees he has. The I record system was purchased with a grant they have one more year to pay off that loan. Mr. Pearson said himself and two other Next year's grant will pay off this loan. Their employees. He does contemplate hiring ecouple grant manager at the police department has more this summer. already been in touch with the JAG grant manager that they work with has already Mr. Melciriley asked if he was bidding on any authorized them to apply that portion of the properties today. money towards this service agreement along with other items they plan on purchasing with Mr. Pearson said no he was just trying to get their grant money. Basically this will not be out approved to do future bids. of the pocket money for the police department or the city money. Ms. Rector made a motion to approve the application of RSO Construction to do Ms. Rector asked if Major was confident they are demolition work for the city. Mr. Dixon going to get the grant seconded. Motion passed. Major said yes they have already been approved. Mr. Fisher said he wanted to add one condition. That for the first couple of his office wants to see Ms. Rector made a motion to allow Anderson all the way through. He wants to see how they Police Department to enter into a 3 year perform. agreement because you pay for the first two 5 Mr. Mckinley and Mr. Pearson both said ok. 6) Ingram $ 5,975 7) Shephard Homes $ 4,200 Mrs. Simmons said as the attorney has requested they want all their bids put on one sheet of paper. Ms. Rector made a motion to approve the bid of $4,200 from Shephard Homes for 2216 Nelle Mr. Pearson said Thank you. Street. Mr. Dixon seconded. Motion passed. Mr. Fisher said their first property is at 115 E Mr. Fisher said the next unsafe structure is at 27°' Street The owner is ok with demo and clean 1520 W 13°' Street. One again that they have a up. She is low income so there will not be a lien signed letter that is notarized. They are ok with on this property. demolition. Ms. Rector asked if she was here. Ms. Rector asked if this was another one who is indigent. Mr. Fisher said yes. Mr. Fisher said this one was signed off from Ms. Julie Long introduced herself. Man to Man to one of his workers. He came in and said he was working and would not be able Ms. Rector asked Ms. Long if she was ok with to make it. the demolition. Ms. Rector made a motion to approve the Ms. Long said yes. demolition order for 1520W 13'h Street. Mr. Dixon seconded. Motion passed. Ms. Rector made a motion to approve the demo at 115 E 276' Street Mr. Dixon seconded. Mrs. Simmons read the bids Motion passed. 1) Cox Recycling $ 7,000 Mrs. Simmons read the bids: 2) Davis $ 8,8850 3) Gerry's Construction $ 7,888 1) Cox Recycling $3,325 4) M & J Fetz $8,396 2) Davis Excavating $3,880 5) Rhino Trucking $8,200 3) Gerry's Construction $2,444 6) Ingram $ 8,600 4) M&J Feth $3,013 Shephard Homes $4,750 5) Rhino Trucking $5,625 6) Shephard Homes $ 2,300 Mr. Mckinley asked who was representing Shephard Homes. Ms. Rector made a motion to approve Shephard Homes for $2,300. At 115 E 27°' Street. Mr. Mr. Jason Shephard introduced himself. Dixon seconded. Motion passed. Mr. Mclrinley said you are much cheaper than Mt Fisher said the next property is at 2216 the other bidders. Nelle. They also have a written and notarized statement saying they are ok with the demolition. Mr. Shephard said he was out of town this week, They could not be here tonight he was in a hurry to try to get bids in and he had some helping him. Ms. Rector made a motion to approve the demolition at 2216 Nelle Street. Mr. Dixon Ms. Rector asked if he would like to pull his bid. seconded Motion passed. Mr. Shephard said that would be in his best Mrs. Simmons read the bids: interest. 1) Cox Recycling $ 6,850 Ms. Rector made a motion to allow Shephard 2) Davis Excavating $ 6,475 Homes to pull his bid at 1520 W 13°1 Street. Mr. 3) Gerry's $5,887 Dixon seconded. Motion passed. 4) M 8c J Fetz $6,313 5) Rhino $ 6,750 6 Ms. Rector made a motion to award this bid to amount of $2,444. Mr. Dixon seconded. Motion Cox Recycling to demolish the property at 1520 passed. W 13th Street Mr. Dixon seconded. Motion passed. Mr. Shepherd said he was sorry. Mr. Fisher said his next property is at 2013 W Mr. Fisher said the next unsafe structure is at 223 18th Street. This is one is a burn out. He has a Cottage Avenue. sigped letter. Ms. Rector asked if they have service. Ms. Rector made a motion to approve the demolition at 2023 W 18th Street. Mr. Dixon Mr. Fisher said they have talked to the owners, seconded. Motion passed. they live out of state. They have a statement saying they are ok with the demolition. They did Mrs. Simmons read the bids: not realize the property was in such bad shape. 1) Cox Recycling $5,530 Ms. Rector asked if this was a property the city 2) Davis Excavating $5,795 could recoup any of the fees on? 3) Gerry's Construction $4,977 4) Ingram $4,890 Mr. Fisher said he would have to check the 5) M & J Fetz $5,432 numbers because she is right on the border on. 6) Rhino Trucking $5,675 She is retired and living on a small income. She 7) Shephard Homes $4,100 is actually living with family. Mr. Mckinley asked Mr. Shephard if he would Ms. Rector made a motion to approve the demo like to withdraw his bid. work for 223 Cottage Avenue. Mr. Dixon seconded. Motion passed. Mr. Shephard said if he would not offend anyone it would be in his best interest to. Mrs. Simmons read the bids: Ms. Rector made a motion to award the bid from 1) Cox Recycling $3,270 Ingram Brothers for 2023 W le Street in the 2) Davis $7,895 amount of $4,890. Mr. Dixon seconded. Motion 3) Gerry's $6,944 passed 4) M & J Fetz $6,744 5) Rhino $7,350 Mckinley said before they go any further would Mr. Shephanr1 like to back track to Nelle Street? Ms. Rector made a motion to approve the bid from M & J Fetz in the amount of $6,744 for the Mr. Shephard said if it is not being offensive he property at 223 Cottage. Mr. Dixon seconded. would Ince to pull his whole bid packet. He was Motion passed. on vacation and tried to get help to get his bids in here before the meeting. Mr. Fisher said the next unsafe structure is at 1303 Jackson Street. This property was a fire and Ms. Rector made a motion to allow Shephard they have boarded it up three times. They got a Homes to pull all his bids. Mr. Dixon seconded. hold of the owner. She lives in California, she Motion passed. sent us a statement saying it is ok to do the demolition, she did not realize it was in this bad Mr. Mckinley said that 2216 Nelle Street and the of shape as what it is in. E 27th Street has to be rewarded. Ms. Rector made a motion to approve the Ms. Rector made a motion to award the 2216 demolition at 1303 Jackson Street. Mr. Dixon Nelle Street to be awarded to Gerry's seconded. Motion passed. Construction in the amount of $5,887. Mr. Dixon seconded. Motion passed_ Mrs. Simmons read the bids: Ms. Rector made a motion to award the bid from !) Cox Recycling $ 13,920 Gerry's Construction for 115 E 27th Street in the 2) Davis Excavating $ 14,475 7  3) Gerry's Construction $14,944 sent it out on the 8th• They have ran it in the 4) M & J Fetz $19,949 paper twice. 5) Rhino Trucking $13,625 Ms. Rector made a motion to approve the Ms. Rector made a motion to accept the bid from demolition at 1218 E 18th Street Mr. Dixon Rhino Trucking in the amount of $13,625 for the seconded. Motion passed. property at 1303 Jackson Street. Mr. Dixon seconded. Motion passed. Mrs. Simmons read the bids: Mr. Fisher said the next property is at 2702 ) Cox $8,175 Dewey Street. This property they had no 2) Davis $15,489 response. They sent certified mail and advertised 3) Gerry's $9,844 it in the paper twice. This property is the church 4) M& J Fetz $11,975 out in Belmont. The last time he was in there 6) Rhino $7,350 was over ten years ago for a crime watch meeting and he was afraid he would fall through Ms. Rector made a motion to award the bid in the floors then. Belmont is a target area for the amount of $7,350 to Rhino Trucking for the Community Development. They could not do the property at 1218 E 18th Street. Mr. Dixon work with commercial money so if the board seconded. Motion passed. approves this is going to be taken down with Building Commissioner's money. Mr. Fisher said the next unsafe structure is at 2119 Crystal Street. They have had drug activity Mr. Dixon asked Mr. Fisher if he has made and someone has caught it on fire twice. It is a several attempts to reach the owner. pretty big property. The neighbors say the owner is in jail. They have sent notice and advertised it Mr. Fisher said they make every attempt. in the newspaper twice. There has been no Sometimes you just can't reach the people or response. They have boarded it up twice. they have passed on. Ms. Rector said she did a quick Department of Ms. Rector asked when the certified mail was Corrections offender search and there is no sent Christopher Hudson. Ms. Patty Davis said it was mailed March 7, Ms. Rector made a motion to approve the 2017. demolition order for 2119 Crystal Street. Mr. Dixon seconded. Motion passed. Ms. Rector made a motion to approve the demolition of 2702 Dewey Street. Mr. Dixon Mrs. Simmons read the bids. seconded. Motion passed. 0 Cox $13,480 Mrs. Simmons read the bids: 2) Davis $8,350 3) Gerry's $10,888 0 Cox $4,450 4) Ingram $11,200 2) Davis $6,275 5)Rhino $10,200 3) Gerry's $4,444 4) Ingram $4,945 Ms. Rector made a motion to accept the bid from 5) M&I Fetz $4,436 Davis Construction in the amount of $8,350 for 6) Rhino $5,950 the property at 2119 Crystal Street. Mr. Dixon seconded. Motion passed. Ms. Rector made a motion to approve the bid from M&J Feu in the amount of $4,436 for the Mrs. Simmons said she has a few contractors property at 2702 Dewey Street. Mr. Dixon that bid on 1529 Jackson Street. seconded. Motion passed. Mr. Fisher said they had to hold those. They are Mr. Fisher said the next property is at 1218E going to re bid those because they have a le Street This house is in terrible shape. They different owner so they have to start all over with do not have good service on this address. They the process. 8 Mr. MOEley asked if there was a Debby Gipson here with a citizen complaint There was no answer. Ms. Rector made a motion to adjourn. Mr. McKinley adjourned the meeting at 5: I )/Tm. Wendy Aadcn%i, Board Seerdary 9