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HomeMy WebLinkAboutBPW-01-08-92 BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES JANUARY 8, 1992 ONE CIVIC SQUARE/COUNCIL CHRi~BERS 6: 15 P.M. The meeting of the Carmel Board of Public Works and Safety was called to order by Mayor Ted Johnson. Members Rick McKinney and Vaughn Story were in attendance. Clerk-Treasurer, Susan Jones was also in attendance. MINUTES OF THE SPECIAL MEETING OF DECEMBER 23f 1991: Mayor Johnson read statements from the former Board of Public Works members, Dorothy Hancock, David Taylor and Billy Walker indicating they had no correction to the minutes of the special meeting of December 23, 1991. Hearing that, Johnson made a motion to approve the minutes as submitted. The motion was seconded by Board member, Vaughn Story. Ail members voted aye. Motion carried. SWEAi~ING IN OF BOARD OF PUBLIC WORKS MEMBERS: Johnson swore in into office, Board of Public Works members Rick McKinney and Vaughn Story. DAVE WILCOX CLAIM: Johnson added this item to the agenda to be read as the first item. Clerk-Treasurer, Susan Jones stated an agreement had been reached with Major Allen, Mr. Wilcox, Mayor Johnson and herself that would satisfy the State Board of Accounts. Jones stated if the Board of Public Works and Safety would approve a February 1, through October 15th, 1991 back-dated contract with Mr. Wilcox and terminate his contract that evening when Wilcox was paid the amount due, the problem of payment authorization would be resolved. Johnson stated Wilcox had performed work for the City without a contract leaving the clerk-treasurer without a vehicle from which she could pay Wilcox. Story made a motion to approve the professional services contract between the City and David Wilcox. The motion was seconded by McKinney. Ail members voted aye. Motion carried. Johnson stated, for the record, cancelled at this time. that the contract was also SEWAGE BOND REFUNDING: Johnson requested that this item be removed from the agenda, since the City Council would be working on this item. Johnson stated the Council would request action by the Board if applicable at a later date. REQUEST FOR EXEMPTION OF FEE FOR WATER AND SEWER AVAILABILITY: Yolanda Kavanaugh of 4260 East ll6th Street, Carmel, stated she was requesting that the Board waive the availability fees for sewer and water hook-up because the City had not offered sewer and water hook-up within the three year state required time limit after the City's 1972 request to annex her property into the corporate City boundaries. Kavanaugh stated when the City is annexed, a fiscal report should be filed. Kavanaugh stated she had been told it had never been filed. Kavanaugh stated when a written fiscal plan has been established and the land has been annexed, the City is responsible for providing capital and non-capital improvements according to Section 13 of State statute IC 36-4-3-13 under the letter 'D' Kavanaugh stated non-capital improvements were police and fire protection and street and road maintenance. Capital improvements were street construction, lighting, sewer, water, and storm drainage facilities are to be provided within three years of the effective date of the annexation. Kavanaugh stated once you are annexed into the City boundaries you are taxed at a higher rate because certain services are provided. Kavanaugh stated that although the taxes did not go to the sewer and water utilities the higher rate is charged because those are the services that are to be provided. Kavanaugh stated she believed the City 'overlooked' a handful of homes along ll6th Street that were not provided the services. Kavanaugh stated the City finally ran sewer and water line hook-ups to her property in 1991 with what she believed to be inferior work. The contractor mentioned to her, that it would have been better if she had been hooked-up to the manhole, instead of the grinder station. Kavanaugh asked the City to look into that problem. Kavanaugh summarized by asking the City for 1975 hook-up fees and availability fees instead of the 1991 fees and to review the hook- up that had already been done. HcKinney asked if a prior owner turned down the offer for hook-up. Kavanaugh stated he was never offered the hook-up. Story asked if the City Engineer reviewed the problem. Johnson stated he did not know if the City Engineer had looked into the problem, but he had spoken to the contract engineer. Johnson stated extenuating circumstances existed that would have to be passed by legal Council, but if the availability was not offered for the properties involved then there would be no argument. Johnson stated after the City Attorney and City Engineer looked into the matter, a meeting would be reconvened with the parties involved. Story made a motion to table the item until the next meeting giving the Board time to work out the problem equitably. The motion was seconded by HcKinney. Ail members voted aye. Hotion carried. REQUEST FOR REIMBURSEMENT OF FEES PAID FOR WATER AND SEWER AVAILABILITY: Residents of the Rolling Acres and Rolling Meadows subdivisions expressed their complaints concerning the fact that the City had not offered water and sewer service to them within three years of annexation. The residents asked the City to charge them for rates the City would have charged if the hook-up would have been offered when the law required instead of the current rates for hook-up and availability fees. For the record, the area was annexed in 1974. Hayor Johnson stated the request was identical to Yolanda Kavanaugh's and the Board would look into all of the requests at the same time. Kevin Johnston a former resident of Circle Drive stated he had paid the 'current fees' as charged by the City, but had since sold his home. Kevin Johnston asked if he would be included if the City decided in favor of the residents. Hayor Johnson stated if he paid the fee and the City decides it was not proper, he would be reimbursed. Hayor Johnson asked if the problem had ever been brought before another Board of Works. Kevin Johnston stated that two years prior, he had asked the Board for hook-up and during his investigation had found the City had annexed his property. Johnston stated he had attended many meetings of the Board of Public Works. Jones stated the minutes reflected that the Circle Drive residents had been denied hook-up on their first request two years prior. Hayor Johnson stated the entire situation needed to be investigated as to why the residents were denied hook-up, even then. HcKinney asked the residents if 22 of the 24 originally involved were asking for rollbacks in fees. The residents stated yes, but the two remaining property owners would want reimbursement after hook-up. Johnson stated it would be a problem for anyone involved if they had turned down the City's offer to hook-up. A resident stated a meeting set up by the City to resolve the problem which included the residents, the City engineer, Don Silvey and the construction company, raised the question 'What is the City's responsibility for not offering the residents services?', the question produced no answer from the City representatives. The resident stated, at that time, they told the residents they must hook-up and must pay the fees the City was now about to charge them. The resident felt the City was responsible for the lack of service and, therefore, should responsible for the additional fees due as a result of the City's lack of action. Yolanda Kavanaugh stated she was able to find a State statute that may offer the residents recourse if the City was unable to find in the residents favor concerning the fees. Kavanaugh read a passage of the statute as follows: Judicial Remedy for Failure for Providing Planned Services to the Annexed Territory - State statute Section 13, IC 36-4-3-16: If the City failed to provide services within the three year period, the time period hasn't been met, the services have not been provided, or received equivalent services elsewhere, the person may sue the City for property taxes and can be given back one and one-fourth the amount of property taxes that have been paid in the time they have lived in that home. Story stated that was exactly why the item would be tabled, so this matter could be researched properly within the law. Kavanaugh told the Board it was not meant to be a hostile statement, but only shared information on possible resident recourse for resolution to the problem through State statute. Hatt Trummer, 39 Circle Drive stated the City held three meetings prior to water and sewer hook-up. He stated the City required that the residents to make sure the well outlets to their homes were blocked completely. Trummer stated, the day the ditches were to be run for his home, the engineering department of the City informed the contractor that the residents had to put a $300.00 back-flow preventor in their homes before hook-up. Trummer was also told their wells had to be plugged along with removal of any lines leading to the wells had to be taken out of the house. Trummer stated the cost was about $1,000. Trummer stated he had called the State Board of Health, the Indianapolis Water Co., and neither of those entities had ever heard of such a policy. Trummer stated he wanted to keep his well for outside usage. Trummer stated he wanted City water for the inside of his house, not the outside. Trummer asked for the Board to allow him water hook-up and permission to use his well for outside usage. Johnson asked for the opportunity to review his request. A show of hands indicated other residents were having the same problem. Dave Clemens asked the Board to review the $100 to $150 yearly inspection fee for the back-flow valve which the City did not tell them about at any of the meetings. Johnson made a motion to table this item until the next meeting. The motion was seconded by Story. Ail members voted aye. Hotion carried. CONTRACT / HOOSIER CODIFICATION: Clerk-Treasurer, Susan W. Jones stated the proposed contract was with Hoosier Codification, the same company who recodified the City's ordinances. Jones stated the contract was to update the City Code manual on a quarterly basis. Jones stated it was her hope that her own office could update the manual 'in-house', but at the present time the City did not have the equipment or capacity to do so. Jones stated Hoosier Codification researches the City's newly passed ordinances to be sure they do not conflict with State statute. Jones stated the monies for this process had already been budgeted and approved by the City Council. HcKinney asked who was responsible for typing errors. Jones stated Hoosier Codification. Jones stated there were many errors in the last recodification, but the City ran out of time and decided they could live with the errors until a spell check could be made. Story asked if the contract provided for which quarters and when the updates would be made. department's decision. Jones stated it would be her Story made a motion to approve the contract Codification. The motion was seconded by HcKinney. voted aye. Hotion carried. with Hoosier Ail members APPEAL TO BOARD REGARDING STOP WORK ORDER BY THE DEPARTMENT OF COMPK/NITY DEVELOPMENT: The petitioner, James Quinn, was not present to address his request to appeal. Johnson stated Quinn purchased his permit and the stop work order was released. Wes Bucher, former director of the Department of Community Development, outlined his reasons for issuance of the stop work order which followed City code and gave the Board a 20 page summary of the problem. Bucher stated that Quinn said Bucher's actions were malicious and unwarranted. Bucher reiterated his actions were based on State law and City code and were standard procedure. DISCUSSION OF RESOLUTION 11-4-91: Johnson stated the resolution was the result of the actions of the previous Board of Public Works which dealt with promoting to, and establishing permanent rank of major for certain employees of the Carmel Police Department. Johnson stated those individuals were Major Robert E. Nibarger, Major Don W. Allen and Major Gerald L. Honaker. Johnson stated the he placed the item on the agenda because he did not understand the need for the resolution. Johnson stated he had not been privy to supporting documentation from the prior Board which would justify that action. Johnson stated the prior minutes of Board of Works meetings indicated that promotions and or appointments had been made which, if they were in fact promotions, would have stood with or without the resolution. Johnson stated therein lies the problem. Johnson stated enough major jobs did not exist for them to fill. Johnson stated the City nor the Police Department did not have the funding to support three additional major positions, which did not exist. Johnson stated regarding Major Honaker it appeared if his promotion had been made following standard accepted procedures of the Police Department and the City, however, Majors Nibarger and Allen's promotions were questionable as to the fact that they were actual promotions or appointments, since they did not follow the standard accepted procedures for promotion. Johnson stated he will ask the City Attorney to review the promotions for final determination. Johnson stated all three majors would receive major pay, even though they were performing lieutenants duties until the City reached a final determination. Johnson stated if the attorney determined the promotions were legitimate, he would not have a problem with that determination, and the City would just have to live with the condition that the City has more Police majors than Police major's jobs. Johnson questioned if the promotions were legitimate then why was the resolution necessary. Johnson questioned why the two other majors in the Police Department, Hajors Smith and Babb along with their equivalent in the Fire Department were not included in the protective resolution. Robert Nibarger stated as a City employee, he considered his position with the Police Department a property right. Nibarger stated he was requesting all of the benefits provided to him as a City employee and as a property right. Nibarger stated the former Board of Public Works and Safety Board in concert with the Mayor and City Attorney, Steve Andrews reaffirmed the promotions because there were concerns as to whether they were originally legal and permanent appointments. Nibarger stated the position was represented to him as a permanent position. Nibarger asked that if the matter is litigated that the City provide reasonable attorney fees to him since the parties involved are the 'test case' Nibarger stated it would affect his property rights as well as the future decisions for the administration and Chief Conn. Nibarger stated he was trapped in the middle. Nibarger stated he was exercising his property rights as an employee affirmed by the previous administration and the new administration who have questions and doubts. Nibarger asked that the Board inform him in writing, of all the issues that pertain to the case through discovery in order to provide an honest and equitable settlement to the issue, hopefully, without litigation. Johnson stated the request was duly noted and would be complied as he requested. Johnson stated Hajors Babb and Smith's promotions were no different than Hajor Honaker's. Johnson stated Nibarger's promotion was different in it's presentation and asked Nibarger if he knew why Hajor Honaker was included in the resolution and why Hajors Smith and Babb were excluded in the resolution. Nibarger stated the opinion would have to probably be made by the then City Attorney, Steve Andrews. Nibarger asked if the Board considered himself demoted to Lieutenant as reported in the papers. Story stated he had no discussion with anyone concerning the Board of Works. McKinney stated he was confused as to his title. McKinney stated he knew Nibarger was receiving major's pay with lieutenant duties. Johnson stated he had no opinion until the attorney made a final determination. Johnson stated, for the record, to remove Hajor Honaker from consideration of the problem since he had no question concerning the promotion and would not ask the attorney for a ruling in his case. David Taylor, 503 1st Avenue S.E. asked if Hajor Honaker was demoted. Johnson stated he was receiving major pay with lieutenant's duties and he is demoted until a major's position opens for him. Taylor asked if disciplinary action would be taken to constitute a demotion as a Police Department policy. Johnson stated no, there were just not enough positions at the major level open. CENTER BARRIERf 136TH STREET AT HIGH SCHOOL STADIUM: Glen Thebert of 2633 136th Street stated his property was at the corner of Keystone and 136th Street across the street from the new athletic facility. Thebert stated the center barrier on Smokey Row was designed to relieve the high-school parking problem rather than considering it as a major through road for local residents. Thebert outlined the problems he has accessing his own driveway and property. Thebert stated the original street design did not include a barrier as confirmed to him by the City engineer's department. Thebert asked the Board to consider redesign of the barrier to accommodate local residents with a cross-over. City Engineer, Tom Welch stated Mr. Harper would have a recommendation in a few days and asked the Board to take the matter under advisement until Harper's report was received. Johnson stated the Board would get back to Mr. Thebert as soon as possible. ADDITIONAL E.D.U.'S - ENGINEERED COOLING SYSTEMSf INC.: John Failey, Vice-President of Engineered Cooling Systems explained to the Board that an addition to their offices to be used for product testing. Failey stated when he told the City Engineer's office that the original plans for additions were changed from 27,000 square feet to a 1,096 square foot addition. Failey stated the Engineer's office stated his company should probably pay the fee that would have been paid for the 27,000 addition when he applied for the building permit. Failey stated an exceptional amount of time with the City Engineer's office to try to make, what he believed, a simple matter complicated caused he and his company considerable expense by forcing him to engage professional architects and attorney's services for a simple reduction in the original building plans. City Engineer, Tom Welch outlined the charges and process for calculating the availability charges. Johnson stated the calculation was based on February 1991 to through November 1991 actual consumption on an average of 69,800 gallons per month dividing that average by the existing office and manufacturing space of 25,554 sq. ft. or 2.23 gallons of usage per square foot, per month on average. Johnson stated the availability fee would be charged at the new addition footage of 1,092 sq. ft. times the 2.73 gallons per square foot average use or .33 E.D.U.'s, or $264.00. McKinney made a motion to approve the additional availability of 33 E.D.U.'s totaling $264.00. The motion was seconded by Johnson. All members voted aye. Motion carried. Failey stated that every time he or his representatives went to the City Engineer's office with a need, there was always a question on how that office would interpret the ordinances because of the questionable way they were written. Failey stated he would never have appeared before the Board over $264.00. His last impression of the City Engineer's office was for considerably more money and involved many more problems. Story suggested the City Engineer review any questionable ordinances his department has trouble interpreting and propose the necessary changes to the City Council to rectify the situation. REDUCTION OF PERFORMANCE BONDS FOR SIDEWALKSf CARRINGTON WOODS: Johnson made a motion to table this item since the sidewalks were not completed. The motion was seconded by McKinney. All members voted aye. Motion carried. CARMEL POLICE DEPARTMENT - SWEARING IN OF CHIEF ROGER C. CONN AND ASSISTANT-CHIEF GREGORY D. MEEKS: Mayor Ted Johnson swore into office Carmel Police Department Chief Roger C. Corm and Carmel Police Department Assistant-Chief Gregory D. Meeks. CARMEL POLICE DEPARTMENT PROMOTIONS: Chief Roger Conn, Carmel Police Department requested the following promotions: Effective January 4, 1992: John P. Etter to Hajor with base pay of $1,617.36 bi-weekly plus $150.00 per year longevity or $1,709.67 bi-weekly. Luckie A. Carey to Hajor with base pay of $1,617.36 bi-weekly plus $150.00 per year longevity or $1,686.59 bi-weekly. Kristi L. Dietz to Administrative Assistant II with base pay of $928.89 bi-weekly plus $150.00 per year longevity or $934.66 bi- weekly. Chief Conn also requested the following lateral moves between the following: Dianne Frewer from the Police Department to the Communications Center. Larry Strausborger from the Communications Center to the Police Department. The following promotion effective January 11, 1992: John W. McAllister to 2nd Class Patrolman with a base pay of $1,126.80 bi-weekly plus $150.00 per year longevity or $1,126.80 bi-weekly. The following promotion effective January 25, 1992: Ann G. DeLuca to 2nd Class Civilian with a base pay of $848.35 Board of Public Works and Safety Minutes - January B, 1992 Respectfully submitted, ~usan W. Jones, Clerk-Treasurer ATTEST: ~usan W. Jones, C 1 erk~-~Tr ea sur er Ted Joh~ayor 9