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HomeMy WebLinkAboutBPW-08-05-91CARMEL BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES AUGUST 5, 1991 5:15 P.M. ONE CIVIC SQUARE/CITY HALL The meeting of the Carmel Board of Public Works and Safety was called to order by Mayor Dorothy J. Hancock. Member David Taylor was in attendance. Billy Walker was absent. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. MINUTES: Mayor Hancock made a motion to approve the minutes of July 15, 1991. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ADDITION TO AGENDA/REEDER ROOFING/ACCEPTANCE OF APPRAISALS FOR RIGHT-OF-WAY FOR ll6TH AND GRAY ROAD/ENCROACHMENT- CARRINGTON WOODS: Hancock moved to add Reeder Roofing, acceptance of appraisals for ll6th and Gray Road and encroachment-Carrington Woods to the agenda. The motion was seconded by Taylor. All members voted aye. Motion carried. CLAIMS: Taylor moved to approve claims dated July 31, 1991 in the amount of $203.91. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Taylor moved to approve claims dated July 30, 1991 in the amount of $315,058.36. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Taylor moved to approve claims dated July 26, 1991 in the amount of $454,633.80. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Taylor moved to approve claims dated July 15, 1991 in the amount of $5,000,000.00. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Hancock wanted it noted for the record that this amount was for the purchase of an investment. Taylor moved to approve claims dated July 12, 1991 in the amount of $10,321,079.62. The motion was seconded by Hancock. Ail members voted aye. Hancock again wanted it noted for the record that $10 million of this amount was also for the purchase of an investment. Taylor moved to approve claims dated July 17, 1991 in the amount of $509,519.11. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Taylor moved to approve claims dated July 22, 1991 in the amount of $28,151.14. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Clerk-Treasurer Jones asked if the Board would make the approval of claims dated July 30, 1991 contingent upon the cashing in of a certificate of deposit held by the City. Taylor moved to rescinded his original motion. The motion to rescind was seconded by Hancock. Taylor moved to approve claims dated July 30, 1991 in the amount of $315,058.36 contingent upon the negotiation of Certificates of Deposits held by the City of Carmel per the Clerk-Treasurer's request. The motion was seconded by Hancock. Ail members voted aye. Motion carried. QUOTES/THEMOPLASTIC WORK: David Klingensmith, Street Commissioner opened sealed quotes for thermoplastic work for 1991. There were two quotes received. Airmarking Company, Inc. Rochester, Indiana T & R Markings, Inc. Indianapolis, Indiana $12,344.10 $13.304.31 Klingensmith recommended the Board accept the bid from Airmarking in the amount of $12,344.10. Hancock so moved. Taylor seconded the motion. Ail members voted aye. Hotion carried JOHNSON CONTROLS: Hancock moved to table this item. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. REQUEST FOR PROPOSALS FOR ll6TH STREET AND GRAY ROAD CONSTRUCTION INSPECTION: The Mayor explained that a letter was sent to several firms asking for proposals. The Mayor questioned the Clerk on the minutes showing only that we had received quotes from only two people and that is not what she had been told. The Mayor asked the Clerk to read the names on the envelopes of the proposals. The Clerk stated she received the letter that was delivered to the Hayor from Valley stating they did not wish to submit a proposal. The Clerk said she had an envelope from Cole and Associates, First Group Engineering and Butler, Fairman and Seufert. The Hayor stated the previous minutes did not show a proposal was received from Butler, Fairman and Seu~ert. The Clerk stated it wasn't brought up or discussed but only the two from Cole and First Group. The Mayor asked if the Clerk had received them all in the allotted time. The Clerk stated she didn't know what the allotted time was. She was never sent a copy of the publication notice or the letter that was sent out so she had no idea of what was going on. The Hayor stated the Clerk did receive all three proposals. The Clerk said yes if that was in fact what they were. The Hayor asked if the Clerk had received three proposals and one rejection. The Clerk said she didn't know what she had received but if that is what the Hayor said was in those envelopes then that is probably what it was but she had no idea because she didn't open the envelopes or know what was going on with this. The clerk was directed by the Hayor to give the proposals to Andrews. Andrews asked the Clerk if the four proposals had been received before July 15. The Clerk stated for the record that if that is what those envelopes were, then she had received the four proposals under the July 15th deadline. Andrews then opened the proposals. The Clerk asked the city attorney if there was a legal advertising that went out on these proposals. The Mayor answered the question by stating that a letter went out and was in accordance with what you have to do to get federal money. Andrews stated there was no money amount on these proposals but were merely stating that these companies wanted to be considered to do the inspection work on the project. Hancock moved to refer the matter to the Board to review and return at the next meeting for action. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. QUOTES/DOOR GUARD/NLASTER FIRE STATION/RALPH REEDER AND SONS: Andrews stated that a quote from Ralph Reeder and Sons had been received in the amount of $2,697.00 for slate roof guards to be constructed over the doors at the Haster Fire Station. Hancock moved to accept the quote and proceed after she has looked at the BPW budget to make sure there was enough money to do this work. Taylor objected to this and wanted the item to return to the next meeting agenda after the review of the budget had been completed. Hancock withdrew her motion. Taylor moved to table this item until the next meeting in order to check to see if funds were available. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. COHHUNICATIONS CENTER-NEW HIRE: Taylor moved to approve the hiring of a reserve dispatcher for the Carmel Clay Communications Center, Linda Kay Vaughn. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. WOODLAND SPRINGS HOMEOWNERS ASSOCIATION/LABOR DAY FIRE PARADE: Chris Painchaud, Chairman of the neighborhood function presented the request on behalf of the Woodland Springs Homeowners Association. The mayor directed Chris to contact the Fire Chief in order to schedule the fire truck for a visit to the Labor Day festival. Chris was also directed to-submit proof of insurance to the Clerk-Treasurer's office and name the City as an additional insured. Chris stated he had talked with Police Chief Barney and everything was okay. Taylor moved to approve the request contingent upon proof of insurance being submitted to the clerk's office. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. EXTENDED MEDICAL LEAVE/CHERYL MORAN: Cheryl Moran, an employee from the Utilities department requested an extension of her medical leave from the City. Horan stated she went on leave January 7 and the leave was for 6 months, ending July 9, 1991. Horan stated she was still under a Doctor's care and doubted she would be able to return to her previous position of meter reader but wanted to be considered for other employment in the City. The Board asked Jim Dougherty if Horan's position had been filled with someone full-time. Dougherty said yes. He said he didn't believe Cheryl was ever coming back as a meter reader. Moran said that for PERF purposes her time served had run out after a six month time period. Andrews stated that the extension had already run out on July 9 and there was nothing to extend. Horan said she brought a letter into the Hayor's office that day and was told she would be placed on the next BPW agenda and for some reason that didn't' happen. The mayor stated the next meeting was still too late. Hancock moved to table this item to allow the city attorney to check into this matter further. The motion was seconded by Taylor. Ail members voted aye. Motion carried. CROP WALK: Hancock moved to table this item until someone from the organization and/or event could be present to answer questions concerning this request. The motion was seconded by Taylor. Ail members voted aye. Motion carried. STREET LIGHTS/COOL CREEK ESTATES: Taylor moved to approve the street lighting request as outlined by Public Service of Indiana for Cool Creek Estates. This request was to change over 7 old lights and install 21 new lights. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. The mayor stated money was in the current budget to cover this request. HAMILTON WESTERN UTILITIES CONTRACT/PURCHASE 400,000 GALLONS SEWER CAPACITY: Don Silvey, consulting engineer, stated this contract amendment allows Hamilton Western Utilities to purchase 400,000 gallons per day of sewer capacity from Carmel. Silvey stated this was all a part of the original agreement when the plant was built and it has been two years in getting this contract amendment signed. Silvey presented a check to the mayor in the amount of $748,765.00 for Hamilton Western's share of the cost of expansion. The mayor stated this capacity did not take away from what Carmel needed. Silvey explained this was figured in as part of the overall 3 million gallon plant expansion. Hancock moved to approve this contract. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. The mayor presented the check from Hamilton Western in the amount of $748,765 to the clerk-treasurer. CHANGE ORDER ~i/WALTER~S ROLLING ACRES SANITARY SEWER AND WATER DI8TRIBUTION SYSTEN/HOFFMAN-KAVANAUGH SEWER-WATER PROJECT: Silvey stated the Hoffman-Kavanaugh project on ll6th Street is the reason for this change order. The order included the installation of two submersible grinder pump stations, completely capable of pumping 180 gpm at 20 feet of head, two 1-inch water services including meter pits, and full site restoration including granular backfill around manhole and sod on disturbed areas in Bradford Place. The work will be done on a time and material basis with a not-to- exceed $23,000 cost. The previous contract for this project was $229,919.65 and would be increased by this change order to $252,919.65. $ilvey explained he could recommend approval contingent upon the receipt of easements from Bradford Place Homeowners Association. Silvey did not anticipate any problems and had expected to receive them by 5:00 today. Hancock moved to accept change order number 1 on job number S9019/W9018 in the amount of a net change not to exceed $23,000 for the installation of water and sewer for Hoffman and Kavanaugh contingent upon the receipt of the easement from the Bradford Place Homeowners Association. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ENGINEERING CONTRACT/WATER MAINS: Silvey stated this contract was for the design of four pieces of water main that need work. Replacement of water mains from the downtown elevated water tank to Keystone Avenue along Main Street. Install new mains on north Range Line Road from 146th Street south to U.S. 31. Install new mains on 131st Street from Gray Road to Brookshire Parkway. D. Replace mains in the intersection of Gray Road and ll6th Street.. The mayor asked Andrews if he had looked at this contract. Andrews replied yes and stated this contract is no different from the ones the Board had signed in the past. The clerk-treasurer asked about an hourly rate and a cap on the contract. Silvey stated it does not have an hourly rate but is on a cost plus basis and the cap is based on the total estimated cost of the project. Silvey read from the contract on page 7, paragraph 4 which stated that under the cost plus fixed fee basis of payment, when the fixed fee represents profit only, the Owner shall pay the Engineer for services performed the total actual cost of salaries and wages times an overhead factor in effect at the time the services are performed, which includes fringe benefits, salary related cost and general overhead, plus out of pocket expenses, equipment rental, plus the actual costs of non-direct salary charges as defined. Silvey then read from page 8, paragraph 6 concerning the cap on the costs. Taylor moved to accept the contract or professional engineering services between the City of Carmel and Commonwealth Engineering. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. AGREEMENT FOR PROFESIONAL ENGINEERING SERVICES FOR WASTEWATER TREATMENT IMPROVEMENTS AND TO PROVIDE TECHNICAL ASSISTANCE FOR OPERATIONS: Silvey explained this agreement allows payments to the Commonwealth, the estimated cost for services under Section I.C. Construction Phase and I.D. resident representation of $145,900 and $119,900 respectively shall be combined for a single total estimated cost of $265,800 and the fixed fee under these two sections to be revised from S23,100 and $19,100 respectively to a single fixed fee of $42,200. This contract also includes operational assistance to include technical assistance evaluating existing methods of operation, making recommendations on changes in operations procedures and recommendations for changes to improve operating efficiency and reliability. The estimated and a fixed fee of $4,500 for a total price of $32,500. Taylor stated this would only be an increase of $4,500. Silvey stated no, the actual increase would be $28,000 and the money would come out of the contingency money from the original project budget. Silvey said there are still funds in the project to cover the additional costs. Hancock moved to accept this contract. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. LOT 77 WILLIAMSON RUN/DRIVE CUT/ENCROACHMENT OF EASEMENT: Hancock moved to approve the release on the utility easement for lot 77 Williamson Run. Tom Welch, city engineer, stated there were no sewer lines in this easement. Hancock stated this approval was contingent upon legal description and back- up stating there are no utilities in there being provided to the city attorney for his review prior to signature. The motion seconded by Taylor. Ail members voted aye. Hotion carried. Taylor then moved to approve the dual driveway cuts for Lot 77 in Williamson Run. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. SEWER/WATER AVAILABILITY/WOODFIELD SECTION 7: Hancock made a motion to approve sewer and water availability in the amount of 28 E.D.Us, not to exceed a daily flow of 8,400 gallons as recommended by the city engineer. The motion was seconded by Taylor. Ail members voted aye. Motion carried. SEWER/WATER AVAILABILITY/RESIDENCE-4306 EAST 136TH STREET: Hancock moved to approve the following for 4306 East 136th Street. 1. The owners sign a petition for annexation, as they are currently located outside the city limits. 2. Advertise the annexation in the newspaper as per our ordinance requires. 3. Be aware that the sewer availability fee is at the rate $700.00 per acre for the area of the parcel and $150.00 connection fee, per single family dwelling. These items were the city engineer's recommendations and approval was based on these recommendations. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ADDITION TO AGENDA/RISKIN SEWER AVAILABILITY REQUEST: Hancock moved to add the request for sewer availability for Horris Riskin to the agenda. The motion was seconded by Taylor. Ail members voted aye. Hotion carried REIMBURSEMENT SMOREY HOLLOW/WATER MAIN EXTENSION/GARY MCNUTT: Taylor moved to table this item based on the recommendation of the city engineer. The motion was seconded by Hancock. ~11 members voted aye. Hotion carried. SEWER AVAILIBILITY /OAK HILL PRIVATE RECREATIONAL FACILITY/SE CORNER OF ll6TH STREET AND RIVER ROAD: Jim Steckly, 111 South Range Line Road, owner of Oak Hill stated for the record that the agenda showed water and sewer availability. Steckly was only requesting sewer availability and not water. The mayor asked that the clerk show the change and only sewer availability is being discussed. The mayor asked Steckly if his property was contingent to Carmel. Steckly stated it was not. The mayor asked if he was willing to sign that he did not object to annexation. Steckly stated he did not object to annexation and said he would do so. Steckly and Welch showed the Board where he would be hooking on to the sewer. Hancock moved to approve sewer availability in the amount of 2.472 EDUs not to exceed an average daily flow of 741.6 gallons. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Hancock moved to grant permission for Steckly to place an asphalt drive and parking lot within the sewer easement area as per plans filed in the engineer's office. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. ENCROACHMENT ON DRAINAGE AND UTILITY EASEMENT/LOT 4 CARRINGTON WOODS: Taylor made a motion to approve an encroachment on the drainage and buffer utility easement as indicated for Lot 4 in Carrington Woods. The mayor asked the engineer if this had any effect on the drainage in that area. Welch stated it did not. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. RISKIN SEWER AVAILABILITY: Ann Carr Mackey, attorney for Morris Riskin stated that Mr. Riskin owns approximately 11.2 acres on River Road. Horris is requesting sewer availability be granted for a single family residence to be located outside the corporate city limits of Carmel at 11153 River Road. Mackey explained there are two issues before the BPW. One is sewer availability and the second issue concerns fees. Hackey stated that Riskin attended a meeting in 1982 at 11173 River Road concerning the installation of the Carmel North- South sewer interceptor that would run across the Riskin's property that is located at 11153 River Road. Mackey stated Don Silvey spoke on behalf of Carmel and told each of the homeowners that one free hookup would be granted. Risken stated, through Hackey that this promise of a free hookup on the property owner's agreeing to a purchase price for the easement was not a condition. Hackey said Risken stated that Silvey did not say that homeowners who went through condemnation proceedings would not be given their free hookup. Hackey said at no point was that one free hookup ever linked to an agreement on the price for the easement. Hackey said nobody ever said if you go through condemnation you don't get your free hookup. Hackey said there is nothing in writing either way. Hackey said Riskin did go through condemnation and relied upon the statements made by Silvey. Hackey said she learned tonight that the general practice is if you agree to the easement price you get a free hookup but if you go through condemnation you don't. Hackey ~aid her position is that maybe the general practice but that is not the case with this issue. Hackey said there was no significant loss to the city and should honor the statements made by Silvey. Andrews responded to the comments made by Hackey. Andrews stated these were condemnations that occurred a very long time ago and couldn't imagine that Hike Howard, city attorney at that time or at anytime would have taken this matter to condemnation with an understanding that the City would give a free hookup. Andrews thought this entire matter was unrealistic. Andrews said that since Riskin forced the City to condemnation procedures that all the "freebies" that were offered in an easement settlement were eliminated. Andrews said he wasn't present, Hackey wasn't present and Andrews had talked with Silvey and it has been 10 years and Silvey has slept since then and felt Silvey did probably make those representations but only based on obtaining an easement and not condemnation. Andrews said the City paid Riskin $1,550 for the right to cross his property and though it would not only be unfair but inappropriate for the City to grant a free hookup. Andrews said he thought it was fair to not assess the full 10 acres the availability fee since the availability was only for a single family dwelling but he did object to a free hookup. Andrews wanted it stated for the record that in paragraph 3 of the certification of the court clerk it said, "That on the 13th day of Harch 1981 an appraiser appointed by the Court on said order filed a ~eport on assessed damages of the defendant Horris Riskin in the amount of $1,550." Andrews went on to say the court records indicated that in Hay of 1981 the defendant was paid that sum. Andrews said we paid for the land once and the City is under no obligation to pay for it again. Hackey said she felt it real important to understand that it was total speculation on Andrews part on how this matter was handled 10 years ago. Hackey said she had two groups of witnesses to this situation. Andrews said he would be willing to go back through the court records and review this matter. Andrews asked Hackey if she had a transcript of what took place. Hackey said she has been unable to find a recorded easement on this. Hancock stated she felt this matter needed to be taken under advisement and then Hancock asked Riskin if he was in favor of annexation or would not object to annexation in order to obtain sewer availability since the City does not grant availability to anyone outside the City limits. Riskin said he did object to this and felt it was a form of blackmail. Hancock moved to table this until the attorney comes back with more information. The motion was seconded by Taylor. All members voted aye. Motion carried. APPRAISALS/116TH AND GRAY ROAD RIGHT-OF-WAY: Taylor made a motion to authorize the mayor to sign appraisals in relation to right-of- way acquisition at the intersection of ll6th and Gray Road. The motion was seconded by Hancock. Ail members voted aye. Motion carried. There being no further business, before the Board the meeting was duly adjourned. ATTEST: Respectfully submitted,