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HomeMy WebLinkAboutBPW-11-04-91 BOARD OF PUBLIC WORKS A_ND SAFETY MEETING MINUTES NOVEMBER 4, 1991 ONE CIVIC SQUARE/COUNCIL CHAMBERS 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 Janet Rogers and Jan Hope were also in attendance. MINUTES OF OCTOBER 21~ 1991: Member, David Taylor made a motion to approve the minutes as submitted. The motion was seconded by member, Walker. Ail members voted aye. Motion carried. CLAIMS: Walker made a motion to approve the claims dated 10/18/91, pages 1-2 in the amount of $308,892.72. The motion was seconded by Taylor. Ail members voted aye. Motion carried. Walker made a motion to approve the claims dated 10/23/91, pages 1- 13 in the amount of $143,621.06. The motion was seconded by Taylor. Ail members voted aye. Motion carried. Walker made a motion to approve the claims dated 10/31/91, pages 1- 2 in the amount of $305,600.25. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. JOHNSON CONTROLS/A. B. YOUNG CONTRACT-HEATING & AIR-CONDITIONING SERVICE: Andrews stated the page 2 correction for the HVAC service contract, was an addition to warrant A. B. Young's labor to the original contract. Andrews recommended approval of the contract. Taylor made a motion to approve the contract between the City of Carmel and A. B. Young, Inc. authorizing the mayor to sign on behalf of the City. The motion was seconded by Walker. Ail members voted aye. Motion carried. HEALTH INSURANCE BENEFITS - RETIRING POLICE & FIREFIGHTERS. Andrews requested that this item be tabled until the first meeting of December. Taylor so moved. The motion was seconded by Walker. Ail members voted aye. Hotion carried. AGREEMENT BETWEEN CITY OF CARMEL AND DAVE WILCOX. Andrews stated questions had been raised regarding the contract at the previous meeting, after follow up with Dave Wilcox, a tentative a agreement had been reached. Andrews stated that another matter had arisen that Hr. Wilcox needed to address that may have a severe financial impact on his ability to enter into the contract. Andrews asked that this item be tabled until the first meeting in December. Walker so moved. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. APPROVAL OF SECONDAi~Y PLAT - BETHENRIDGE SUBDIVISION. Mark Boyce, of C. P. Morgan Co. requested the Board's approval for the secondary plat of the Bethenridge subdivision. Boyce stated the subdivision consisting of eleven homesights located in the 700 block of 1st Avenue NW. Boyce stated the plat was in conformance with the secondary plat approval from the Plan Commission and signed by City Engineer, Tom Welch. Boyce stated the C. P. Morgan Co. did not have their letters of credit or performance bonds in the City Engineer's office, but would have them at the end of the week. Boyce requested that approval be made with the City Engineer holding the plat until the appropriate performance bonds were delivered to the City Engineer's office. Hancock made a motion to approve the secondary plat for the Bethenridge subdivision contingent upon filing of letters of credit and the appropriate performance bonds with the City Engineer's office, with the City Engineer holding the plat until such time. The motion was seconded by Walker. Ail members voted aye. Hotion carried. RESOLUTION ESTABLISHING PRESENTATION OF PISTOL BADGE - CARMEL POLICE DEPAi~TMENT. Don Allen, Carmel Police Department Assistant Chief, stated that with the retirement of Chief Barney in November, he was requesting the Board of Public Works keep with past tradition and allow the City to award Chief Barney with his service revolver and duty badge. Taylor made a motion to approve resolution 11-4-91-1. The motion was seconded by Walker. Ail members voted aye. Motion carried. REIMBURSEMENT OF SMOKEY KNOLL LIFT STATION. Dick Fisher, builder of the Smokey Knoll Lift Station, stated he had previously asked for reimbursement of the expenditures involved with the building of the lift station in 1987 and, at that time, reimbursement was partially approved. Fisher stated the entire reimbursement was not approved originally because the City Engineer, Tom Welch felt that the lift station was temporary and not part of the master plan. Fisher stated, since that time, it had become evident that the lift station had become a permanent and integral part of the Carmel sewer system and, for that reason, Fisher stated the Board should consider reimbursement. Fisher stated he believed the only way the lift station would be abandoned was if the developers east of Smokey Knoll would be required to go west to Gray Road and bring in a sewer system from that distance. Fisher stated since he built the station for Smokey Knoll because he was the developer, he could see justification for bearing the cost of the station, however, he had been asked to enlarge the station to accommodate 631 single family homes, which was done. Fisher stated he bore more than 50% of the cost of the lift station to cover his development of 164 houses and ended up bearing 50% of the cost to cover 631 houses. Fisher stated he had documented the costs of $135,000.00 for which he was asking reimbursement. Hancock asked Tom Welch to comment on the request of Mr. Fisher. A conversation between the Board, Welch, Fisher and Don Silvey, Commonwealth Engineering ensued. Hancock asked if the lift station would be a permanent part of the Carmel sewer system and would Silvey or Welch advise whether or not they believed the station was, in the near future, to be abandoned, also, if the lift station was necessary to service Valleybrook and other places for which the City of Carmel was responsible. Silvey stated the lift station was serving more than Fisher's development but future development may force abandonment of the station, however, development was not scheduled which would cause the City to believe the station would be abandoned soon. Hancock stated she did not see why someone should have to bear the cost. Walker agreed. Walker made a motion for Hr. Fisher to be reimbursed for the lift station force main built when Hr. Fisher developed Smokey Knoll for $135,000.00 effective November 4, 1991. The motion was seconded by Hancock. Taylor asked if the money was coming from the master plan. Hancock stated the money would come from the sewer availability fund which was money paid in for that purpose. Ail members voted aye. Hotion carried. BOND RELEASE - BENTLEY OA/<S SA/qITARY SEWERS. Walker asked the City Engineer if he had any problem with the bond release. Welch stated he did not. Walker made a motion to approve bond release for sanitary sewers for Bentley Oaks bond #1019 resolution 11-4-91-2 for $144,700.00. The motion was seconded by Taylor. Ail members voted aye. Motion carried. APPROVAL FOR INDIANAPOLIS WATER TO SERVE OAK HILL MANSION - ll6th STREET AND RIVER ROA/~. Jim Steckley, owner of the Oak Hill Mansion property, stated that after a conversation with the City Engineer, it was decided to advise the Board of the possibility of the Oak Hill property being served by the Indianapolis Water Co.. Steckley stated, when the City of Carmel purchased the 106th and Gray Road water plant from Indianapolis Water, a 20 inch main was cut off leaving it as a dead end. Steckley stated that during the drought Indianapolis Water had trouble with water pressure in the Nora and 96th Street areas. Steckley stated that Indianapolis would like to hook-up a 30 inch water main at the "River Plant" to 106th Street and Gray Road. Steckley stated the Indianapolis Water options to complete the task were each complicated covering much distance. Steckley stated the simplest option Indianapolis Water had was to go through an easement on the Oak Hill property providing economy and easy service access to the project along with the advantage of not having to tear-up ll6th Street. Steckley stated in return for the easement Indianapolis Water offered to provide Indianapolis water plus a fireplug off the 30 inch water main. Steckley stated that although his property was not technically in the City limits, he and Tom Welch felt it would be best to obtain permission from the Board before proceeding with easements or further negotiations with Indianapolis Water. Walker asked the City Engineer if he had a problem with Steckley's request. Welch stated he did not. Hancock stated that Indianapolis Water was attempting to loop their system which was exactly what the City of Carmel was attempting in order to provide consistent water pressure. Walker made a motion to grant permission for Hr. Steckley to negotiate with the Indianapolis Water Service. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Walker amended the motion to add " as per legal description set forth in the attached letter of October 31, 1991. The motion for amendment was seconded by Taylor. Ail members voted aye. Hotion carried. 160 MEDICAL DRIVE SEWER AND WATER AVAILABILITY AND CURB CUT. Gary Murray of MSE Corporation, stated he was seeking sewer and water availability for a proposed building at 160 Hedical Drive. Hurray stated he had spoken to the City Engineer's office and although there was no problem with the E.D.U.'s required to serve the building, but Hurray stated there was a problem with the fees for availability. Hurray stated the property encompassed 50 feet of right-of-way for Hedical Drive, and Hurray asked that the 50 feet be taken out of the acreage used to determine the availability fees. A conversation between the Board and City Engineer, Tom Welch, Murray and Don Silvey, Commonwealth Engineering ensued. Andrews stated the City should charge MSE Corporation to the middle of the street and beyond the center of the street could be waved. Andrews stated any action to the contrary could cause impact fee problems due to new legislation. Walker made a motion to approve water and sewer availability predicated on approval of the revised legal description showing the land was inclusive to the center of the street at 160 Hedical Drive as follows: Sewer: 9.72 E.D.U.'s as per Sewer Ordinance S-41. Not to exceed an average daily flow of 2,916 gallons. Water: 9.72 E.D.U.'s as per Water Ordinance A-54. Not to exceed an average daily flow of 2,916 gallons. The motion was seconded by Taylor. carried. All members voted aye. Motion Taylor made a motion to allow the curb cut for 160 Hedical Drive. The motion was seconded by Walker. carried. Ail members voted aye. Motion CLARIFICATION OF PERMANENT RANK. Hancock made a motion to add clarification of permanent rank to the agenda. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Hancock stated the Board wished to clarify that as positions change in the Police Department and someone reverts from Chief or Assistant Chief that their permanent rank is that which it was prior to accepting that position. City Attorney Andrews stated that was correct. Andrews stated in relation to Don Allen, which was the only situation he was aware of, he was promoted to the rank of major and was elevated from that position to that of Assistant Chief. Andrews stated in the event that Allen was moved from position of Assistant Chief, his position would go back to major. Andrews stated he gave that opinion to the new administration, Allen and the mayor. Taylor stated he believed promotions of rank by the Board would remain in effect and transcend from Board to Board. Andrews agreed. Andrews stated Allen believed there was confusion on the matter and Allen had shown Board minutes that indicated he had been promoted to the rank of major. Andrews stated major was the rank he was at and it would not change from that. Hancock stated she wished to clarify that point, for the record, and asked for any further questions from the Board. Andrews stated he understood there was a resolution to act on. A discussion followed among the Board members concerning the resolution and the officers included on the resolution. Andrews stated the resolution indicated the dates each were promoted to major and the Board minutes of those days would speak for themselves, each of the officers involved had been promoted to major. Andrews then asked Assistant Chief Allen if he was requesting that the Board act on the resolution. Assistant Chief Allen stated that would be the cleanest way and that was what was recommended to Allen by the "people" with which he had consulted. Allen asked for clarification in the minutes in another form which would stand as well. Andrews stated in regard to Hajor Honaker the July 1, 1987 Board minutes unequivocally showed his promotion was on that date. Andrews and Walker stated they were unable to locate the minutes showing the other promotions and Andrews indicated the resolution showed the dates of the minutes which the promotions occurred and asked the mayor to read the resolution. Hayor Hancock read resolution 11-4-91-2. Walker asked if his understanding was correct that this was in compliance with state statute. Andrews stated the promotions were in compliance with state statute. Walker made a motion to approve resolution 11-4-91-2. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Hancock made a motion to approve the rules and regulations for sworn personnel of the Carmel Police Department with the corrections indicated by Allen which were already made on the Board's copy. The motion was seconded by Walker. Let the record reflect, no vote was taken on the approval. Walker amended the motion to approve the regulations until January 26, 1992 when, at that time, they be amended to be in concert with federal regulations and updating should be made prior to that time. The motion was seconded by Hancock. All members voted aye. Motion carried. City Attorney, Steve Andrews, stated no further corrections needed to be made to the rules and regulations. APPROVAL OF RULES AND REGULATIONS FOR CIVILIAN PERSONNEL/CARMEL POLICE DEPARTMENT: Chief Allen stated the copy before the Board was complete unless the City Attorney had updates that he intended to make. Hancock stated the City Attorney had no changes to make. Allen stated a correction was made on page 7, section 1.05.13 which was maternity leave~ spelling out that it was without pay. Walker made a motion to approve the rules and regulations for civilian personnel of the Carmel Police Department as outlined and presented. The motion was seconded by Hancock. All members voted aye. Motion carried. Hancock~amended the motion to approve the regulations until January 26, 1992 when, at that time, they be amended for compliance with ADA requirements. The motion was seconded by Walker. All members voted aye. Motion carried. Hancock stated the Board would set up a special meeting date with the clerk-treasurer because she did not believe a quorum would be available for December 27th. There being no further business before the Board the meeting was duly adjourned. Respectfully submitted, Approved: Ma~r Dorq~h~ J. Hancock ATTEST: D~epu~y Clerk-TreaSurer