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HomeMy WebLinkAboutBPW-12-16-91 BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES DECEMBER 16, 1991 ONE CIVIC SQUARE/COUNCIL CHRi~BERS 5:15 P.M. The meeting of the Carmel Board of Public Works and Safety was called to order by Mayor Dorothy J. Hancock. Members David Taylor and Billy Walker were in attendance. City Attorney, Steve Andrews and Deputy Clerk-Treasurers, Jan Hope and Jean Junker were also in attendance. Hayor Hancock requested that the agenda printed for December 23rd include 'approval of December 16, 1991 minutes' MINUTES OF DECEMBER 2f 1991: Hancock made a motion to approve the minutes as submitted. The motion was seconded by Board member, Billy Walker. Ail members voted aye. Motion carried. CIm~IMS: Board member, Taylor made a motion to approve the claims dated 12/06/91, pages 1-10, in the amount of $250,231.07. The motion was seconded by member Walker. Ail members voted aye. Motion carried. Taylor made a motion to approve the claims dated 12/09/91, page 1, in the amount of $82.22. The motion was seconded by Walker. Ail members voted aye. Hotion carried. Hancock requested approval of a change order with Hoosier Equipment Services, Inc. bringing the approved contract total to $10,186.08 due to the necessity of pumping extra water, sludge removal and laboratory tests which were not anticipated. Walker asked where the work was done. Hancock stated it was the tank removal at the Fire Station. Hancock made a motion to approve the change order bringing the contract total to $10,186.08. The motion was seconded by Taylor. Ail members voted aye. Motion carried. Hancock made a motion to approve the claim dated 10/02/91, in the amount of $10,186.08. The motion was seconded by Walker. Ail members voted aye. Hotion carried. Hancock requested approval of an American Express claim from her office which was rejected because an invoice was not available. Hancock stated she did have an invoice from American Express which was all that was available and asked that the Board approve the billing. Taylor made a motion to approve the claim from American Express totaling $49.31. The motion was seconded by Walker. Ail members voted aye. Hotion carried. Hancock requested approval of two claims for Dave Wilcox for work that he had done for the City. Hancock stated that the Board was aware that agreements had been before them for Mr. Wilcox. Hancock stated the claim was not for work to be done, it was for work that had been done. Hancock stated Wilcox was like many other people that the City calls to do work, but does not have an agreement or contract. Hancock stated this claim was creating more uproar than it should. Hancock stated the money is due Wilcox, he had done the work, some of which was installation work for computers in the clerk-treasurer's office. Walker asked if there were two separate claims. Hancock state yes, one was to be paid from money set aside from Frank Fleming's budget for the Communication Center and the second was from a budget line item from the Carmel Police Department. Taylor asked if Fleming would request approval of his own claim at the City Council meeting that night. Hancock stated the Board approves claims even when the Council does, because they are on the Boards printout. Hancock asked for approval if the Board felt the claims were proper and should be paid and asked for a motion in that respect. Taylor stated he had no problem with that because the totals would come back on the Board's claims docket. Hancock stated the claims would not reappear because claims were cut off at noon that day, which was why the approval needed to appear in the minutes. Taylor made a motion to approve claims from the Police Department totaling $1,592.43 and the second from the Communications Department totaling $1,192.13. The motion was seconded by Walker. Ail members voted aye. Hotion carried. QUOTES; RECOMMENDATION UNDERGROUND STORAGE TANK REMOVAL - UTILITIES: Hancock stated her reference at the last meeting of holding this item until 1992 because there had not been enough time to appropriate the funds, was in error. Hancock thought the item referred to the Police Department when, in fact, it was Utilities and funds were available. Hancock asked Assistant Utility Hanager, Lee Dolen for his recommendation. Dolen stated they were recommending acceptance of the low quote of $6,870.00 by Kennedy Equipment Company to remove four fuel tanks for the Utility Department. Dolen stated the same recommendation had been given by Commonwealth Engineers, Inc. Walker made a motion to approve the low bid for removal of the underground tanks. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. 800 Mhz SHARE AGREEMENT: City Attorney, Steve Andrews stated the School had gone over to the 800 Mhz system. Andrews stated the School wanted to be on the City's communications network. Andrews stated the contract was a pay-as-you-go contract which was vague in some ares, because there has been no track record to pull from. Andrews stated the School Board signed the agreement and forwarded it to the City. Andrews stated the only problem the Board had was the need to tie down numbers, which could not be done. Andrews stated the contract was all that was available. Andrews stated he did not have the original approved contract and had believed it may be in the clerk-treasurer's office. Andrews stated he would search his office Council dead files, but, in the meantime, the Board could sign the copies he was providing to be recirculated to the School Board for approval. Taylor made a motion to enter into an agreement with the City and Carmel-Clay Schools for sharing the 800 Mhz radio system. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. EDEN FOR FOREST - REQUEST FOR PLACING LUMINARIES IN STREET RIGHT- OF-WAY: Andrews stated this item was placed on the agenda, because Dr. Walker had called and requested the proper procedure for approving luminaries in the right-of-way. Andrews stated he would normally go to the Board of Works, but because of the temporary nature of the request he felt it was not necessary to bog down the agenda with the request. Andrews stated Dr. Walker was conscientious and requested the item be included on the agenda. Andrews stated they would be lighted Christmas Eve at 7:00 P.M. and would be removed within 24 hours of placement. Taylor made a motion to allow placement of luminaries in the right-of-way for the Eden Forest Homeowners Association. The motion was seconded by Walker. Ail members voted aye. Motion carried. REQUEST FOR RACES FROM CLAY JR. HIGH: Clay Township resident, Nelson Steele requested that the Board approve two races of 'Indy Runners' which have been held for the past 21 and 15 years respectively. Steele stated the races originate at Clay Jr. High. Steel stated the Board had copies of the approved facility use permits and assured the Board that approved insurance would be brought to the clerk-treasurer's office by the following week. Steele stated the races would be held February 2nd and April 12th, and assured the Board that, as always, they would continue to work with the Carmel Police Department and the Sheriff's Department. Steele asked the Board for approval for use of the streets pending submission of insurance to the clerk-treasurer's office. Walker made a motion to approve the Indy Runners Race on February 2, 1992 and April 12, 1992 using the course used in the past, pending proof of insurance. The motion was seconded by Walker. Ail members voted aye. Motion carried. APPROVAL OF CARMEL- CLAY COMMUNICATIONS CENTER CLEANING CONTRACT: Hajor Robert Nibarger, Carmel Communications Center stated the contract before the Board was a cleaning contract which was the same firm used by the Police Department. Nibarger stated they had the lowest bid and that a 30 day cancellation clause existed, in the event of a problem. Nibarger asked for the Board's approval of the contract. Hancock made a motion to approve the cleaning contract for the Carmel Communications Center with M & R Enterprises. Taylor seconded the motion amending that motion to allow the Hayor to sign the contract on behalf of the City. all members voted aye. Hotion carried. LIBRARY BOARD - REQUEST FOR RETURN OF PERSONAL PROPERTY FROM THE OLD CITY BUILDING: Andrews stated a request from the Library Board for personal property that was in the old City building. Andrews stated there had been confusion as to whether or not the property had been loaned to the City or whether the City had purchased the property. Andrews stated the items involved were one desk and the picture of the old library. Andrews stated the items were not being used, that the picture was hanging on the wall and the desk was abandoned. Hancock asked if the desk was the entrance counter. Andrews stated yes, and that the desk had an historical value to the library. Hancock stated that as long as she had been in office, that the library had requested when the City was done with the items, that the City return them to the library. Hancock stated the items had historical significance to the library. Hancock asked if money from the Library Board budget had been set aside to move and restore the items. A representative from the Library Board stated money had been set aside to do so from donations from Friends of the Library, not taxpayers money. Taylor made a motion to declare the library picture and front desk housed in the old City building abandoned and released to the Carmel Library Board. The motion was seconded by Walker. Ail members voted aye. Motion carried. PROMOTIONS - CARMEL FIRE DEPARTMENT: Chief Couts, Carmel Fire Department requested that the Board approve the following two promotions; 1.) Sergeant Robert VanVoorst to the rank of Lieutenant, who was next on the eligibility list to replace retiring Lieutenant Charles T. Bristow. Couts requested the Board approve an effective date of December 21, 1991 with VanVoorst receiving a bi-weekly salary of $1,252.22. 2.) Firefighter Scott K. Osborne to the rank of Sergeant, who was next on the eligibility list to replace the promoted Sergeant VanVoorst. Courts requested the Board approve an effective date of December 21, 1991 with Osborne receiving a bi-weekly salary of $1,185.42. Hancock made a motion to promote Sergeant Robert VanVoorst to the rank of Lieutenant and Firefighter Scott K. Osborne be promoted to the rank of Sergeant effective December 21, 1991. The motion was seconded by Taylor. Ail members voted aye motion carried. The motion was seconded by Hancock. Ail members voted aye. Motion carried. EMPLOYMENT OF REPLACEMENT PROBATIONARY FIREFIGHTER: Chief Couts, Carmel Fire Department requested that the Board approve the following request for employment; Barbara M. Sloane as a replacement Probationary Firefighter. Couts stated Sloane completed all pre-employment tests and was currently completing the required Emergency Hedical Technician class. Couts requested the Board approve an effective date of December 21, 1991 with Sloane receiving a 3rd Class Firefighters bi-weekly salary of $921.62. Hancock asked if Sloan would complete the EMT class by December 21st. Couts stated she would not. Hancock asked if the approval would have to be contingent upon Sloane passing the class. Couts stated she would also go through the City's class for certification. Walker asked if passing the EHT class was required for that rank. Couts stated yes. Walker asked if the class should be passed and completed before approval of employment. Couts stated that was true of promoted firefighters, but not new hires. Walker asked if she did not pass would she be discharged. Couts stated yes. Walker asked if the procedure was backwards. Couts stated the position was probationary and the training was a part of the probationary period. Couts stated for someone to take this type of class without a job, would be almost useless, because a number of hours must be maintained in service and working in ambulances which was why the training was given after hire. Hancock made a motion to grant permission to employ Barbara M. Sloane as a replacement Probationary Firefighter with the Carmel Fire Department effective December 21, 1991. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. EMPLOYMENT OF SIX (6) PROBATIONARY FIREFIGHTERS: Chief Couts, Carmel Fire Department requested permission to employ the following six (6) people as probationary 3rd Class Firefighters effective January 4, 1992 pending approval of the Public Employees Retirement Fund. Kent C. Steury, Terrence D. Ridley, Kenneth D. Overton, David G. Haboosh, Stephen J. Witsken, Roger L. Kilburn. Couts stated all six had successfully completed all phases of testing. Walker made a motion to approve the employment of all six probationary firefighters as requested by Chief Couts effective January 4, 1992. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ROLLING MEADOWS PLOTS 1 & 2 - RELEASE TO HAMILTON WESTERN: Don Silvey, Commonwealth Engineers, Inc. requested that the item be completely deleted from the agenda. Walker so moved. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ROLLING MEADOWS WATER AND SEWER - SUBSTANTIAL COMPLETION: Don Silvey, Commonwealth Engineers, Inc. requested approval of the substantial completion for sanitary sewer and water distribution for specific streets in Rolling Headows which could not be identified on tape nor are they shown on the substantial completion certificate. Silvey asked the Board to note that the certificate did not constitute an acceptance of work not in accordance with the contract documents nor is it a release of the contractors obligation to complete the work in accordance with the contract documents. Silvey stated the reason for signing a substantial completion before it is totally complete was to be able to accept the pipe that is in the ground and has been tested to and the water mains have passed the pressure and bacteriological test, and sewer tests. Silvey stated in order to allow the homeowners to start connecting to the line, a substantial completion would have to be executed. Silvey stated the contractor had not completed all of the clean-up and would have to come back in the spring and finish paving work they could not complete in time. Taylor made a motion to accept the certificate of substantial completion with the consulting engineer's recommendation, giving the Hayor authorization to sign the substantial completion on behalf of the City. The motion was seconded by Walker. Ail members voted aye. Hotion carried. Hancock thanked Silvey for all the help he had given the Board, guiding the Board through the many things over the past four years with all of his care and concern. Hancock thanked Silvey for the great job he had done for the City. Silvey thanked the Board for the opportunity to serve them. Silvey stated he could not express enough appreciation and said it had been a very pleasant task. PLAT APPROVAL - WOODGATEf SECTIONS 6 & 7A ; WOODFIELD SECTION 7B: City Engineer, Tom Welch requested plat approval for Woodgate, Sections 6 & 7A and Woodfield Section 7B. Taylor so moved. The motion was seconded by Hancock. All members voted aye. Motion carried. RESOLUTION TO STANDARDIZE LANDSCAPING IN EASEMENT AREAS: Director of Community Development, Wes Bucher requested Board approval of a resolution to adopt a policy guideline to establish a standardized landscaping easement along with primary plats that are submitted to the Department of Community Development. Bucher stated current City code allows landscaping in right-of-ways. Bucher stated it was not a matter of a good ordinance and added it would go to City Council that evening to ask for repeal. Bucher stated landscaping in the right-of-ways caused problems with utilities, liability and other consideration that would allow a landowner to put landscaping between a sidewalk and the street. Bucher stated the proposed resolution would establish a six foot utility access easement in front of the utility easement. Bucher stated the proposal would allow homeowners to standardize a place to put the landscaping when the homeowner designs their plat. Bucher stated it would not be potentially proper to establish an ordinance establishing guidelines and that his Department had worked closely with Citizens for Greenspace, many utilities and some developers in the effort. Bucher stated the proposal would affect new subdivision plats that would come before the Board of Works for approval. Bucher stated it would effect those areas inside the City limits, not all of Clay Township. Bucher stated the resolution would allow the Board to look at individual situations or examples with the plats that could not meet the standards and would allow exceptions. Hancock asked if a resolution was going before the Council that evening. Bucher stated an ordinance amending the current ordinance allowing landscaping in the right-of-way would be presented to the Council. Bucher stated that ability to plant in the right-of-way can interfere with utilities sight vision and Bucher sighted a court case in the township where someone was injured and the property owner was liable. Bucher stated the potential for liability for the City existed as long as the City allowed the landscaping to be placed in the right-of-way. Andrew stated if the Council was going to act on the ordinance that evening, then that is the direction the ordinance should take. Andrews stated he did not know if the resolution would have an effect one way or the other. Hancock asked if it would establish a policy for the Board to go by if the Council removes the provision from the ordinance. Andrews stated it would be a policy statement not law. Walker asked if the resolution would be retroactive. Andrews stated that would involve litigation. Walker asked what would happen if a sidewalk did not exist, and could a homeowner demand that sidewalks be put in. Bucher stated the policy would apply to new development. Bucher stated current policy requires sidewalks in new residential development generally within one foot of the right-of- way. Bucher stated the policy would not affect existing properties. Walker asked if it was a policy statement, why would there be exceptions. Bucher stated the least amount of set-back from the right-of-way of the house is 35 feet. Bucher stated if someone received a variance with a set-back of 25 feet then the six foot utility and six foot landscaping easement would be more than what the set-back would be. Bucher stated there may be other needs of utilities that this resolution could not be accommodated, such as, fully across the widths of lots or all areas of certain subdivisions. Bucher stated they were looking at revising the zoning ordinances, looking at different ways to treat landscaping and create proper buffering. Bucher stated the resolution would give the City the opportunity to see how development works with this in light of drafting new ordinances and could become part of the zoning ordinances. Hancock stated if the resolution boiled down to policy, she was not sure that this Board should set policy for the next Board. Hancock stated she new a lot of work had been put into this, but the current Board would not be administering the policy. Hancock stated it would be possible at the very first meeting, this policy would no longer be in effect, because the resolution could be repealed. Hancock stated she was reluctant to pass something that the current Board would not be acting on and call it policy. Walker made a motion to table the item. The motion was seconded by Taylor. Ail members voted aye. Motion carried. RESOLUTION TO EXTEND UNUSED VACATION INTO 1992 - UTILITIES DEPARTMENT: Hancock stated this agenda item and the following agenda item referred to requests from several areas for carry-over vacation exceeding ten days that people have not used. Hancock stated the Board of Works had approved these days. Hancock stated there seems to be a question as to whether or not the Board has the right to approve those days, even though it had been done in the past. Hancock stated an amendment to the City code was appearing on the City Council agenda that evening. Andrews suggested the minutes reflect that the Board recommends the approval of the ordinance that evening. Department of Community Development Director, Wes Bucher asked if the Board would pass the resolution in case the Council did not approve the ordinance that evening. Andrews stated there was a question of the Board's authority to grant more than ten days. Andrews stated if the Board's approval was invalid now it would still be invalid if the Council did not act on the ordinance that evening. Bucher stated even if the Council did not pass the ordinance that evening, then the people would not know until the Board met on the 23rd and they wouldn't have enough time to take their vacation due. Andrews recommended that Bucher ask the Mayor to call a special meeting of the Board as a possible solution. Hancock made a motion to recommend to the Council that they approve the ordinance before them allowing the Board of Works to have the authority to grant unused vacation over ten days and withhold action on this and the following agenda item until Council clarified the authority of the Board. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. REQUEST TO CARRY OVER UNUSED VACATION DAYS: for text reference. See above agenda item LEASE AGREEMENT FOR CITY PROPERTY - 210 1st AVENUE S.W.: Andrews stated the lease before the Council was weighted heavily in favor of the City and was probably unfair to the Carmel Fire Buffs. Andrews stated the Fire Station has a Fire Buffs Club and museum with the purpose of preserving City fire lore in history and City fire equipment. Andrews stated the club needed a place to put their equipment out of the weather to do their restoration projects on fire equipment and to have their museum. Andrews stated the old master fire station located at 210 1st Avenue S.W., which used to have stored documents, but no longer does, because the roof developed a leak. Andrews stated the City had no current use for the building. Andrews stated the building was built like a bomb shelter and demolition would cost more than it would to build a new building. Andrews stated there was precedent for renting to not- for-profit organizations such as the Dad's Club. Andrews stated the Carmel Fire Buffs would like to restore the building. Andrews stated a study group existed on the Council to study on unused property which no recommendation had been made for that building. Andrews stated the lease was for one year at a time and he advised the Buffs he did not know if he could promise them a document allowing them to be in the building for four or five years. Taylor asked if the Buffs repaired the roof and it was done improperly and caused more damage what would be the City's recourse. Andrews stated the City would sue them for breach of lease. Taylor asked how the City would make that determination if the lease continued on. Andrews stated the City would hire an expert to give an opinion. Andrews stated the contract did have a provision that the club could not do anything that would create a public nuisance. Walker asked what if the Buffs do a great job restoring the building and put on a decent roof, generally establishing a nice place for fire equipment and then someone pulls the rug out from under them because the building is useful to the City for another purpose. Andrews stated they would be out of luck. Walker stated he felt protection should be built in for both directions, because people would not be excited about doing something if it would be terminated in one year. Andrews stated the Buffs were willing to enter into a lease with longer terms. Assistant Chief James Martin, Carmel Fire Department stated he spoke to Hr. Johnson and he was strongly in favor of supporting the Fire Buffs in that building. Hartin asked the Board to consider a four or five year contract, because of the work they would have to put into the building. Sandy Swails Callahan, Carmel Fire Department addressed the Board concerning the Swails family support for the Carmel Fire Buffs museum. A copy of her text is attach to these minutes. Walker recommended approval of the contract with an amendment to the lease extending the lease for five years to be renewed every four years for an overlapping five year period. Walker stated having known Chief Swails, he believed he would be very happy. Hancock made a motion to amend the contract under Item ~1 Term of Lease Section A, for five years commencing December 31, 1991 and termination December 31, 1996, and under Section B, the parties may by mutual consent extend the term of the lease in four year increments with the original negotiation in 1995 and every four year thereafter. Walker made a motion to approve the contract as amended. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Hancock requested that City Attorney provide the Board with a corrected lease. REQUEST FOR A STREET LIGHT AT GRAY ROAD & HARRISON STREET - PSI ENERGY: Hancock stated a request had been made for a light at Gray Road and Harrison Street and at the end of Sylvan Lane and Gray Road. Hancock stated the money was in the budget for 1991 and 1992 if they were unable to install it be year-end. Taylor made a motion to install a street light at the intersection of Gray Road and Harrison and Sylvan Lane and Gray Road. The motion was seconded by Hancock. Ail members voted aye. Motion carried. OTHER BUSINESS: REQUEST FOR SEWER SERVICE FOR A PRIVATE SINGLE FAMILY RESIDENCE OUTSIDE THE CITY: City Engineer, Tom Welch requested sewer service for a family residence outside of the City limits which required cutting through vacant lot 14 in Brentwood. Welch stated the resident purchased the lot and planned to have it replatted to do away with the lot and replat lots 6 & 7, enabling the City to lateral through the property contingent on the Plan Commission approving the replat and partial vacation. Walker made a motion to approve sewer availability for the common address of Dr. Dierdorf 3227 E. Smokey Row Road contingent on approval of the Plan Commission for the partial vacation of Lot 14 in Brentwood and the replat of lot 6 & 7. STATE OF INDIA/qA AUDITOR REFUND: Hancock stated she had a check totaling $7,377.00 to turn over to the clerk-treasurer's office for reimbursement to the City for work done by the Street Department in Arcadia, Atlanta and Sheridan during the ice storm. Walker made a motion to adjourn the meeting. Hancock reminded the Board she would see them at the December 23, 1991 meeting. There being no further business before the Board the meeting was duly adjourned. Respectfully submitted, Approved: 10 away with the lot and replat lots 6 & 7, enabling the City to lateral through the property contingent on the Plan Commission approving the replat and partial vacation. Walker made a motion to approve sewer availability for the common address of Dr. Dierdorf 3227 E. Smokey Row Road contingent on approval of the Plan Commission for the partial vacation of Lot 14 in Brentwood and the replat of lot 6 & 7. STATE OF INDIANA AUDITOR REFUND: Hancock stated she had a check totaling $7,377.00 to turn over to the clerk-treasurer's office for reimbursement to the City for work done by the Street Department in Arcadia, Atlanta and Sheridan during the ice storm. Walker made a motion to adjourn the meeting. Hancock reminded the Board she would see them at the December 23, 1991 meeti'ng. There being no further business before the Board the meeting was duly adjourned. Respectfully sUbmitted, ATTEST: Approved: 10