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HomeMy WebLinkAboutBPW-12-22-93CARMEL BOARD OF PUBLIC WORKS MEETING MINUTES DECEMBER 22, 1993 6:15 P.M. CARMEL CITY HALL/ONE CIVIC SQUARE The meeting of the Carmel Board of Public Works was called to order by Mayor Johnson. Board members Steve Brown and Rick McKinney were in attendance. Clerk-Treasurer Susan W. Jones was also present. Mayor Johnson made a motion to approve the minutes of MINUTES: December 8, 1993. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Mayor Johnson made a motion to BAYVIEW REAL ESTATE/ANNEXATION: give a favorable recommendation to the City Council for the annexation of the Bayview real estate. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Bayview is the 60 acre parcel of real estate located east of US 31 and South of East 146th Street. Mayor Johnson made a motion to WATER AND SEWER AVAILABILITY: approve the following water and sewer availability. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Stonewick, Section 2: 47 EDU's as per sewer and water ordinance. Not to exceed an average daily flow of 14,100 gallons. Bayhill, Section 5: 26 EDU's as per sewer and water ordinance. Not to exceed an average daily flow of 7,800 gallons. Bayhill, Section 3B: 30 EDU's as per sewer and water ordinance. Not to exceed an average daily flow of 9,000 gallons. Windpointe, Section 4: 24 EDU's as per sewer and water ordinance. Not to exceed an average daily flow of 7,200 gallons. Mayor Johnson made a motion to release the BOND RELEASES: following bonds. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Rosemeade Commons: Curbs & Gutters $19,500 Avian Glen Associates/Avian Glen, Section 5: Water $89,437.10 C.P. Morgan Co, Inc./Lake Forest, Section 4: Mon. & Markers $525.00 C.P. Morgan Co/Lake Forest, Section 5: Mon & Markers $600.00 C.P. Morgan Co/Lake Forest, Section 6: Mon & Markers $425.00 C.P. Morgan Co/Lake Forest, Section 7: Mon & Markers $650.00 CONTRACTS/CHANGE ORDERS AND REVISIONS: 1. Mayor Johnson made a motion to approve change order #3 to Indiana Construction Corporation for the Carmel Wastewater Treatment Plant No. 5 for an increase of $7,610. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. 2. Mayor Johnson made a motion to approve change order #4 to Indiana Construction Corporation for the Carmel Wastewater Treatment Plant No. 5 for a decrease of $9,650. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. 3. Mayor Johnson made a motion to approve a contract with Vasey Commercial Heating & Air Conditioning in the amount of $175 per month for heating and air conditioning on the Communications Center. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. 4. Mayor Johnson made a motion to approve a maintenance and emergency service contract with Lectro-Communications for 1994 in the amount of $15,540 for the Communications Center. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. 5. Mayor Johnson made a motion to approve a contract with Sollenberger Partners, Inc a lease for the HCDTS. The motion was seconded by Steve Brown. All members voted aye. Motion carried. Mayor Johnson made a motion to NEW HIRES/CARMEL FIRE DEPARTMENT: approve the probationary employment of Samuel Kent Haymaker and Steve Lee Edwards on January 1, 1994 as 3rd class firefighters. The salary was set at $1,053.93 bi-weekly. The motion was seconded by Steve Brown. All members voted aye. Motion carried. Much discussion took REQUEST FOR LATERAL TRANSFER/SAMUEL HAYMAKER: place concerning a request by Samuel Haymaker to transfer from the Carmel Police Department to the Carmel Fire Department. Haymaker stated that he had used the termination date of December 31, 1993 and the hire date of January 3, 1994 in order to establish a clean break in employment so he could receive a lump sum distribution of his 457 deferred compensation payments made by the City through PEBSCO. Mayor Johnson then made a motion to approve a transfer of Samuel Haymaker from the Carmel Police Department to the Fire Department in order for Haymaker to receive his longevity. Clerk-Treasurer Susan Jones went on record with the Board stating that if there was no interruption in service in order for Sam to receive his longevity and any other benefits he maybe entitled to for continuous service then the distribution he will receive from PEBSCO may not be in compliance of the 457 regulations and could jeopardize the PEBSCO plan for the City. Mayor Johnson said he was not prepared to discuss this matter this evening and was only prepared to rule on a transfer for rank status and benefits. Mayor Johnson asked why PERF didn't have a problem with the transfer? Jones stated that PERF has a 30 day bridge for service or perhaps PERF didn't need to know about PEBSCO. Jones went on to state that other employees have requested longevity with small amounts of time in their breaks in service and were denied. Chief Couts stated he was in favor of Sam receiving his longevity. Jones said she didn't object to Sam receiving his longevity either but using one date for a payout of the 457 plan and then the BPW minutes showing another date could jeopardize the plan. Jones also stated she had been working with Sam, PEBSCO and Jay Benjamin from Katz, Sapper and Miller for months trying to help Sam get his money back and as 4:00 this afternoon they were going to release Sam his money based on the break in employment dates. Jones' concern was with giving a distribution and risking a later ruling by the Internal Revenue Service that there wasn't a break in service based on the BPW ruling and having the plan possibly being thrown out by the IRS. Jones said she asked Jay Benjamin from K,S,M what would happen if at a later date the IRS reviewed this distribution and found it did not meet the requirements of the 457 Internal Revenue Code. She stated that Jay said the entire plan could possibly be in jeopardy and that was her concern. Haymaker went on record with the Board that he planned to fight for his longevity. The Board directed Gordon Byers to speak with Jay Benjamin and return with a recommendation at the next BPW meeting. Mayor Johnson made a motion to RETIREMENT/MAJOR ROBERT SMITH/CPD: remove the service revolver and badge of Major Robert Smith from the inventory of the Carmel Police Department and present those items to Smith upon his retirement. The motion was seconded by Steve Brown. All members voted aye. Motion carried. Mayor Johnson moved to REQUEST FOR CONTINUED HEALTH INSURANCE: continue health insurance coverage for CPD retiree, Jerry Lowe based on state statute. The motion was seconded by Steve Brown. All members voted aye. Mayor Johnson moved REQUEST FOR 4 WEEKS VACATION PAY/JERRY LOWE: to allow payment of 4 weeks unused vacation pay that CPD officer Jerry Lowe was not paid for when he retired in 1991. The motion was approved by Steve Brown. All members voted aye. Motion carried. Assistant Chief Greg Meeks sent a letter confirming that Jerry was not paid for the unused vacation and was entitled to said pay. DISABILITY INSURANCE FOR CITY EMPLOYEES/CONTINUED COVERAGE IN 1994: Mayor Johnson made a recommendation to terminate disability coverage with Jefferson Pilot. Johnson said the company was difficult to work with for several reasons and would not cooperate with the billing. Johnson said it was costing the City more money to process the billing than it was receiving a benefit. Gordon Byers said he had the feeling that the Council may not want to fund this insurance in 1994. Clerk-Treasurer Jones said the funds were already approved in 1994 to pay for this coverage and said her office would be willing to continue a payroll deduction for individuals who may wish to keep the policy on their own should the City decide to terminate their portion of the premium. Johnson said that Jefferson Pilot will not keep the plan in place if less than 70% of the employees did not participate. Jones suggested that perhaps a survey could be sent around to employees to see just how much interest there was to keep this plan or perhaps another carrier could be located that would do a better job of billing and administration. Johnson had concerns about canceling this type of disability coverage because some employees could be ineligible to obtain this type of insurance on their own but felt the company was just to difficult to work with. Gordon Byers also thought a survey done by either Susan's office or the Mayor's office would be a good idea and perhaps between now and the next BPW meeting, another carrier could be located. No decision was made by the Board on this matter but it was the consensus of the Board that they will ask for action from the Council one way or the other. Steve Brown made a motion to approve LEASE/CIVIC SQUARE/AMENDMENT: the amendments to the 1986 and 1988 Civic Square leases and to authorize the Clerk-Treasurer to initial and date a copy of the proposed amendments to leases submitted this day to the Board and to place the same in the minute book immediately following the minutes of this meeting and said amendments to leases are made a part of the record. Brown went on to approve the First Mortgage Refunding Bonds, Series 1993 and Series 1994 in the principal amount of $3,485,000 and $10,000,000 respectfully. The motion was seconded by Mayor Johnson. All members voted aye. Motion carried. Gordon Byers also stated for the record that the Clerk-Treasurer had signed and seal an affidavit that required her to attest to certain documents and certain notices given back in 1986 when she was not the Clerk-Treasurer. Byers also stated for the record that the Clerk-Treasurer signed and sealed an affidavit that required her to attest to certain documents and certain notices given back in 1988 when she in fact, did not do the actual work but rather an attorney for the building corporation. Byers said that copies of all the documents and notices had to be attached to the bond refunding documents and needed to be attested to by the Clerk- Treasurer. Steve Brown RATIFICATION OF WAIVER OF SEWER FEE FOR KAVANAUGH: made a motion to ratify the Mayor's decision to waive the sewer fee for the Kavanaugh property based on the fact that the fee was in receipt of an easement on the Kavanaugh property and the installation of a lift station in that easement. The motion was seconded by Mayor Johnson. All members voted aye. Motion carried. LEASE BETWEEN THE CITY OF CARMEL AND THE CARMEL ARTS COUNCIL: Mayor Johnson made a motion to approve a written lease between the City of Carmel and the Carmel Arts Council for $1 per year. The motion was seconded by Steve Brown. All members voted aye. Motion carried. UNITED PARCEL SERVICE REQUEST TO PLACE AN OUTDOOR LETTER CENTER AT Mayor Johnson made a motion to allow a United Parcel CIVIC SQUARE: Service Request to be placed outside of the Carmel Fire Department. The motion was seconded by Steve Brown. All members voted aye. Motion carried. There being no further business before the Council, the meeting was adjourned. Respectfully submitted, ________________________________ Susan W. Jones, Clerk-Treasurer Approved: _________________________________ Ted Johnson, Mayor ATTEST: _________________________________________ Susan W. Jones, Clerk-Treasurer