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