HomeMy WebLinkAboutBPW-12-13-76 MINUTES OF THE
BOARD OF PUBLIC wORKS
December 13, 1976
The regular meeting of the Board of Public Works was called to order at 3:03 PM
by Mayor Pickett, who presided. All members ~nd Clerk-Treasurer were present.
Mr. Kern moved to dispense with the reading of the minutes and approve them as
received, Mr. Hohl seconded it and it passed unanimously.
POLICE CAR BIDS: Bids for police cars were opened. Copies of bids attached to
the minutes.
Bill Estates Chevrolet - no bond included
Dave Waite - properly submitted
Paul Goeke - properly submitted
Don Hinds - properly submitted (Same bid as received at Nov. 23rd meeting)
Mr. Kern moved to refer the bids to the Police Con~nissioners for a recommendation,
Mr. Hohl seconded it and it passed unanimously.
ROCK SALT BIDS: Bids for rock salt were opened as follows:
Diamond Crystal Salt Co. - letter stating they cannot bid
International Salt Co. - properly submitted $21,00 per ton
Mr. Hohl moved to accept the bid of International Salt Co as submitted, Mr. Kern
seconded it and it passed unanimously. Motion was withdrawn later in the meeting.
AGGREGATE MAT~.~TAL AND PATCHING BID OPENING: Bids for aggre~te materials were
opened and read. Copies attached to minutes.
American Aggregates - ~roperly submitted
Asphalt Surfacing Co,Inc. - properly submitted
Hamilton County Asphalt,Inc. - properly submitted
Mr. Hohl moved to accept American Aggregates bid for stone, sand and gravel,
Mr. Kern seconded it and it passed unamimously.
Mr. Hohl moved to defer action on the patching material, Mr. Hohl seconded it
and it passed unanimously.
WILFONG AGeD JUI~MENT: Mr. Kern stated he would move, at this time, for the
formal approval by the Board of Public Works which consists of the Mayor, the
City Engineer and the City Attorney, of an agreed judgement in regard to
Cause No. SC76-60 in the Superior Court of Hancock County entitled, "Hamilton
Western Utilities, Inc vs City of Carmel and the Board of Public Works of the
City of Carmel" which agreement was informally entered into on the 29th day
of July,1976. He stated he would also like to m~ke as part of that motion that
today, the Board formally approve a subsequent agreement entered into which
agreement is entitled, "Agreement on a method of computiD~ and reporting sewer
charges and rates~! which agreement was informally entered into on the 6th day
of December, 1976, and like the previous Agreed Judgement, has been signed by
all parties. Mr. Kern stated he would also move, at this time, for the approval
of Claims for the payment as follows; all pursuant to the Agreed Judgement
entered into last July: The sum of $26,209.09 payable to Hamilton Western
U~ilities, Inc., the sum of $1h,60~.91 payable to Hamilton Western Utilities,Inc.
and Clyde E. Williams Associates, Inc. to settle the claim of Clyde E. Williams
Associates for unpaid engineering services, which amount of $1~,60~.91 is in~
fact due from Hamilton Western Utilities to Clyde E. Williams and we are
separating these into two checks to facilitate the payment by Hamilton Western
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Utilities to Clyde E. Willi~m~ and Associates and also a claim in the amount
of $6,39~.~ by Hamilton Western Utilities,Inc. to be paid for the twelve
additional connections to the North Treatment Plant made since July l, 1976,
that being the date which was used for calculating the sums of money payable
in the Agreed Judgement. Mr. Hohl seconded the motion and it passed unanimously.
Mayor Pickett asked Mr. Wilfongif he had the previous check which was issued.
Mr. Wilfong appeared before the Board and presented the returned checks that
were payable to him. Mayor PiCkett stated the Board of Public Works is approving
payment to him and he would like to go on record as stating this can be approved
by the Board of Public Works and does not have to ge through the City Council.
Mr. Wilfo~ stated he understood that before but he would like to right now
get two new checks. Mr. Kern asked how lo~ it would take to issue new checks.
Clerk-Treasurer asked where the third check was. Mayor Pickett stated it would
be brought in tomorrow but it wouldn't clear the bank anyway because of the
stop payment order. Clerk-Treasurer stated she would prefer to wait for an
opinion in writing as to whether the Judgement needs to ge before the Council.
Mayor Pickett stated he did not feel that was necessary. Mr. Kern stated he
would be happy to give She Clerk-Treasurer an opinion in writing. Conncilman
Reiman, who was present, asked the Clerk-Treasurer where she was getting her
opinion in wriiing. Clerk-Treasurer stated from the State Board of Accounts.
Councilman Reiman asked how long that would take. Clerk-Treasurer stated a
couple of days. Mr. Wilfong stated he would not accept that dalay. Mayor Pickett
said he would like to state that this is nnder the jurisdiction of the Boamd of
Public Works and not under the Council. The Couucil does not act on utility
matters°and the statue in question on Agreed Judgements pertains only where the
Council has to appropriate funds and the Council does not appropriate funds for
the Utility, so that is not valid in this case. Mr. Kern stated he ~ould put
into the record that he has Checked with the State Board of Accounts,
Ed Murphitt, and he stated just that, and the only appropriation of funds can
take place where there is a state ~proved budget and of course there is never
a state approved budget in any utility, so there is no such thing as an appropriation
in a Utility. Mr. Wilfong asked that the Clerk-Treasurer go up and issue the
checks now. Councilman Reiman asked again what the Clerk-Treasurer was waiting
for. Clerk-Treasurer stated an opinion in writing, that it was alright. Mr. Kern
stated as City Attorney he would take full responsibility for the payment of these
Slaims under these circumstances.
Meeting was adjourned for five minutes while Clerk-Treasurer went up to her office
to writ~ the checks.
Meeti~was re-convened at 3:35 PM.
SALT BIDS: Another bid for Rock Salt was brought over by the Utilities Man~ger
which had been received at the other building. Bid was from Morton Salt and
was opened by City Attorney. Bid was for $18.22 per ton - properly s~m~tted.
Mr. Hohl moved that the bid acceptance of International Salt Co. made earlier in
the meeting be stricken from the record because of not having the bidfrom Morton
Salt Co. Mr. Kern seconded the motion and it passed unanim6usly. Mr. Hohl then
moved that the bid from Morton Salt be accepted as submitted, Mr. Kern seconded it
and it passed un~uimously.
LAKESHORE DRIVE BRIDGE: Mr. Ken Thompson appeared before the Board to review a
request made to the previous Town Board for re-imbursement for a portion of a
bridge built on Lakeshore Drive East. The county specification required 26.0
width without sidewalks. L~keshore Drive East is 36.0 feet and the bridge is
~3.0 feet with sidewalk on one side as the tewn requested. The cost of the
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bridge was $66,825.00 or $1,554.07 per foot. The difference between the
county smd the town is 17.0 feet or $26,419.19~ however Lakeshore Drive
East being 36.0 wide Mr. Thompson considered the town should at least
pay for the difference between 43.0 feet and 36.0 feet or 7.0 feet
@ $1,554.07 or $10,878.49. Mr. Kern asked if there had been an agreement
in writing for him to be re-imbursed. Mr. Thompson stated there was none.
Mr. Kern stated that without a pre-existing contract the City can do
nothing in the way of charity. Unless there was some legal commitment
on the part of Carmel to pay Mr. Thompson something on that bridge, with
the bridge now finished, he knew of no legal way the City could appropriate
the money to pay him.
SCHUTZ & THOMPSON LIFT STATION: Mr. Hohl stated he had received a letter
from Mr. Thompson requesting the City clarify and consider their position
on oversizing or the question of any City participation of the cost of
the lift station. Mr. Thompson h~s itemized the expense of the Briar Creek
Lift Station and force main, $25,942.39. Lift Station and force main at
Eden Forest cost is $12,894.50. Mr. Hohl stated our policy in Ordinance ~S-20
stated that oversizingwould be refunded per cost of oversizing to meet
Town's specifications shall be made only to that portion of oversizing that
lies within the real estate that belongs to the developer. In the event the
availability cost per acre does not provide sufficient funds to extend over-
sizi~ as needed no construction p~mit will be issued by the Town unless
the owners of real estate desire to advance and pay the excess project costs.
Mr. Hohl stated Mr. Thompson felt his station was eligible for refund.
Mr. Kern stated he preferred to discuss this informally. Mr. Hohl moved to
table this item for further study, until next meeting, Mr. Kern seconded it
and it passed unanimously.
DICK FISHER PROJECT: Mr. Dick Fisher and a representative from Welhe E~ineers,
Stan Neal, appeared before the Board to discuss their development, Briar
Lane, and to have a letter which was sent them by the City Engineer several
months ago confirmed by the Board. Letter indicating they could make sewer
connection by reconstructiD~ the lift station Mr. Thompson built at Briar
Creek. Mr. Kern moved that this matter be tabled until aifuture meetingand
in the interim time to get in contact with the consulting engineer and come
up with an answer and try to give Mr. Fisher an answer by December 22 or 23rd.
Mr. Hohl seconded it and it passed u,~nimously.
BI-CEN',,~NNIAL COMMISSION REQUEST: Mayor Pickett stated he had had a request
from the Bi-Centennial Commission to name the downtwwn parking area and alley
Bi. Centennial Court. Fire Chief Swails stated there already was a Centennial
Court in Bro~kshire North. Mayor Pickett stated ~ thought the names would
be too similar and would get back with them and get ~uother suggestion for a
REFUND OF WATER& SEWER CONNECTIONS AND AVAILABILITY CHARGES FOR DEDC0:
Mr. Hohl~stated he had received a letter from Dedco which stateA that on
December 4, 1973, they deposited $11,198.17 with the City for the 13.94 acres
located on south Ra~e Line Road in Carmel. Breakdown was Water Availability
$3,036.00, Sewer Availability $576.00, building connection charges, Water
$1,128.67 and Sewer $2,257.35. Since the building was not built, they are
requesting a refund. Mr. Hohl stated the project was the onw where Railroadmen"s
Federal Savings and Loan put their building up. In R~ilroadmen's purchase
agreement to them, it stated they would have sanitary sewers and water, but the
person they bought from ran out of money and couldn't put the sewer in. There
was no bond. They have a holding tank at present. Mr. Hohl~,stated Railroadm-~'s
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did not pay any availability charges because the money for the entire tract of
ground was to be paid by the developers. Mr. Hohl read letter from Railroadmen's
objecting to refund to DEDC0. Mr. Kern moved that this ~tem be tabled to
enable the Board to discuss it at an informal meeting to reach an intelligent
answer about it, Mr. Hohl seconded it and it passed unanimously.
PURCHASE OF MAGNETIC M~: Upon the recommendation of Utilities Mamager,
Mr. Kern moved to authorize the purchase of magnetic meter for lift s~ation
at Brookshire at a cost of $2,289.00 with interest to the supplier up to 7%,
if required, meter has been setting here for a time. Meter is for the purpose
of kn~wi~when the sewers meet capacity. Mr. Hohl seconded it and it passed
unanimously.
AMERTCAN AGGREGATE AGReemeNT: Clerk-Treasurer asked if the Board needed to act
on the agreement with American Aggregates discussed at last Council~,meeting. Mayor
Pickett stated it was not finalized yet. ·
CLAIM APPROVAL: Mr. Kern moved to approve claims ~4802 thr~ ~5174 for $777,850.6~
Mr. Hohl seconded it and it passed unanimously.
CHANGE ORDERS: Upon the recommendation of City Engineer, Mr. Kern moved to approve
the followi~ change orders for 126th Street Project with Shumaker Bros., Inc.:
Change order#l increases Contract $ 29.25
" ,, 2 ,, " 5,152.65
" " 3 " ,, 565. O0
" " 2 decreases ,, 129.00
" " 5 increases " 108.00
" " 6 " " 680.00
Mr. Hohl seconded it and it passed unanimously.
TREE REMOVAL: Upon the recommendation of City E~ineer, Mr. Kern moved that the
Board recommend ta the City Council that a resolution be passed at the next meeting
of the City Council to ~ransfer money to make it available for the cha~es in trees
alon~Main Street and R~eline Road as recommended by the tree survey presented by
the City Engineer subject to a later determination on the necessity of the tree
feeding. Amount of transfer approximately $2,300.00. Mr. Hohl seconded it and it
passed unanimously.
There being no further business, the meeting*was adjourned at 5:10 PM.
ATTEST: ~
Peggy L$u' Smith, Clerk-Treasurer~ ~
Approved:
Alb~ B. Pickett, Ma~or ' I