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HomeMy WebLinkAboutBPW-03-09-94CARMEL BOARD OF PUBLIC WORKS MARCH 9, 1994 6:15 P.M. CARMEL CITY HALL/ONE CIVIC S QUARE/COUNCIL CHAMBERS The meeting of the Carmel Board of Public Works was called to order by member Steve Brown. Board member Rick McKinney was in attendance and Mayor Ted Johnson was absent. Clerk-Treasurer Susan Jones and City Attorney Gordon Byers were also in attendance. SEWER AVAILABILITY AND 2 CURB CUTS/WORLD-WIDE MOTORS/96TH STREET: Rick McKinney made a motion to approve sewer availability in the amount of 4.43 EDU's as per the sewer ordinance not to exceed the average daily flow of 1,329 gallons. The motion also included two curb cuts onto Marie Drive. The motion was seconded by Steve Brown. All members voted aye. Motion carried. SEWER AND WATER AVAILABILITY FOR QUAIL RUN AT HAVERSTICK, SECTION Steve Brown made a motion to approve water and sewer 1: availability in the amount of 59 EDU's each not to exceed an average daily flow of 17,700 gallons as per sewer and water ordinance contingent upon the property being annexed into the City and construction begin within 12 months of said approval. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. SEWER AND WATER AVAILABILITY FOR UNION 76/ENVIRO-MART, 116TH AND Steve Brown made a motion to grant a different RANGELINE ROAD: amount of sewer and water availability than was granted at the February 23, 1994 BPW meeting. The new amount of availability would be 4.4 EDU's. The motion was seconded by Rick McKinney. All members voted aye. Since the previous meeting, Mr. Johnson has decided to install different equipment which will recycle the water and possibly cause his usage to be 40,000 gallons per month or 4.4 EDU's which will amount to a total fee of $3,552 rather than $8,896. The $3,552 would be the fee Mr. Johnson wants to pay now and then settle up after 12 months of actual usage. Carmel Police PEBSCO CONTRACT/PROPOSED AMENDMENTS TO THE 457 PLAN: Chief Roger Conn addressed the Board with proposed amendments to the current PEBSCO 457 deferred compensation plan. Conn's recommendations for the amendments were as follows: 1. Amend the PEBSCO contract for non-elective contributions to eliminate the hardship clause. 2. Amend the PEBSCO contract for all elective contributions to designate the Board of Public Works and Safety as the committee to determine hardships. 3. Amend the PEBSCO contracts for both elective and non- elective contributions to read that the Plan Administrator would be the Board of Public Works in place of the Clerk-Treasurer and the Clerk-Treasurer will continue to be responsible for the PEBSCO payroll deductions and submitting them to PEBSCO. 4. Notify PEBSCO of these amendments to the plans effective, April 1, 1994. Steve Brown asked why the hardship clause was being removed from the plan. Conn explained that he wanted to remove the hardship clause from the non-elective plan to insure the money would be there at retirement and to preserve the original idea behind the deferred compensation as a social security replacement when the police opted out of social security years ago. Steve Brown asked Conn if that is what the people want. Conn replied he wasn't sure but that is way it was originally set up. Conn also explained the proposal of the BPW being the hardship committee. Conn explained that at this time, PEBSCO was reviewing all the hardship cases. Before discussion took place between the members of the Board, the Clerk-Treasurer stated for the record that she didn't believe she ever was the plan administrator and even if she was, she had resigned that position last week and did not wish to remain in that job until April 1, 1994. Jones explained there was a 60 day clause for a resignation of a Plan Administrator but that was in the Lincoln National 457 plan and not the PEBSCO plan. Conn said the only reason they put the April 1st date was so that he could make sure all the paperwork was appropriately signed and there was someone watching over it. Conn said Jones was correct that the BPW could waive the 60 period. Jones stated there wasn't anything for the BPW to waive because there is no 60 day waiting period in the PEBSCO plan. Jones also stated the City doesn't have any documents signed stating she is the Plan Administrator in the first place so what would make the difference whether the BPW has signed paperwork or not because there isn't signed paperwork now. The clerk also stated that the contracts were not numbered #1408 and #1420 as the Chief had suggested and that #1408 and #1420 were not plan numbers. The numbers 1408 and 1420 were only account numbers assigned at the request of the her office in order to keep tabs on the elective and non-elective amounts being deposited but there was only one plan document for PEBSCO. The clerk also stated for the record that the police were never in social security. The police opted to not join social security and have a 457 plan instead. Rick McKinney said he saw copies where there was a 60 day waiting period for the termination of a Plan Administrator. Jones stated that was not the plan document for PEBSCO but was the plan document for Lincoln National. She said she originally thought the same thing but since that time Lincoln National has identified that document as their original plan. Steve Brown then moved to approve the proposal as presented and written with the dates listed. Rick McKinney seconded that motion. Rick McKinney called for the vote but before a vote was taken Brown addressed Jones' concerns. Brown said he wasn't trying to disregard what she had said with respect to the withdrawal time but he thought it only made sense and were only two or three weeks from that date any way. Jones said she also understood but stated the BPW could not make her do something especially when she wasn't even the Plan Administrator to begin with and didn't need to be the administrator until April 1. Brown said the BPW would take over on April 1 and it would be in no man's land until that time. Jones said that would be fine. Brown questioned the clerk on reporting and accounting. Jones assured the Board that she has to do the reporting and accounting any way because that money is an asset of the City and she is the treasurer. Jones said she didn't like the idea of the Board of Public Works telling her what she can or can't do when there is no statutory authority for the Board to do that. Brown said it never hurt to try. Brown called for the vote but again no vote was taken because Byers wanted to convey his concerns about removing the hardship clause. Gordon Byers was concerned about taking out the hardship designation. He questioned whether that would be for current officers or just new officers. Conn said this will effect all employees that are currently under the non-elective plan and all new employees as well. Brown said Gordon had raised a good point with respect to monies that are already in PEBSCO and wanted to wait until March 21, 1994 to act on this. Byers said his problem was with this hardship clause being in the plan from the beginning. Conn said the hardship clause has always been in the plan but PEBSCO was reviewing the cases. Conn thought, at this point, that perhaps the hardship clause could remain but the BPW could review the cases rather than PEBSCO or removal of the clause totally. Byers questioned if this clause was always stated in the plan. Conn said there was always this clause. Byers said that called upon as the City Attorney he would recommend that the Board reflect on this and perhaps this is a proprietary right and to remove it might take some form of notice. Brown questioned not only the notice but perhaps the hardship elements are in the IRS code or the regulations and he wasn't sure the Board could universally do away with it. Brown said if Gordon could find out about that he would be willing to go along with removing the hardship clause provided it can be removed and doesn't interfere with any proprietary rights issues. Byers said he wanted to review this and asked the Board to remove that portion of the proposed amendments concerning the elimination of the hardship clause until he could report back to the BPW. Jones questioned pushing this back until March 21st because then the April 1st date would not be appropriate. Jones said if this item was tabled then no paperwork could be signed and then the BPW might push everything up until May 1st. Steve moved to amend his original motion and delete item 1 and only act on points 2, 3 and 4. Gordon spoke to Jones and said he appreciated Jones' opinion and that the record was pretty clear that she maintained and has taken the position that she is not the administrator and never has been the administrator on the PEBSCO plans. Jones said that was correct. Rick McKinney seconded Brown's motion to amend. All members voted aye. No vote was taken on the original motion to approve the amendments to the PEBSCO plan. No motion was made by the Board to postpone item 1 of the contract amendments proposal. NORTHWEST WATER MAIN IMPROVEMENTS, CONTRACT 5 AND NOTICE TO PROCEED WITH KAJIMA ENGINEERING AND CONSTRUCTION, INC., AND TRAMCO INC.: Rick McKinney made a motion to accept a contract and approve a notice to proceed with Kajima/Tramco-Carmel, a joint venture, for the northwest water main improvements. The original contract was for #389,000. The motion was seconded by Steve Brown. All members voted aye. Motion carried. ENGINEERING SERVICE AGREEMENT WITH AMENDMENTS WITH DATA LINK Rick McKinney made a motion to accept the above SYSTEMS, INC: referenced agreement with its amendments to Data Link Systems in order to provide services for three phases of design and implementation of an electrical control system that will tie all existing water plants to Plant #5 and control all plants as a system. Amendment #1 not to exceed $13,567.95, Amendment #2 not to exceed $32,066.13 and Amendment 3 not to exceed $71,029.44. The motion was seconded by Steve Brown. All members voted aye. Motion carried. AMENDMENT NO 292 TO JONES AND HENRY ENGINEERING, INC/ $10,000: Rick McKinney made a motion to approve amendment #292 in the amount of $10,000 for Jones and Henry Engineering to review the agreements the City has with Hamilton Western Utilities, Clay Waste District and the Town of Westfield, review flow charts, request additional capacity in the North-South Interceptor and to meet with all three entities. McKinney stated this is a preliminary requirement for the current overall rate study being done by Katz, Sapper and Miller. The motion was seconded by Brown. All members voted aye. Motion carried. CLEANING SERVICE CONTRACT FOR CPD HEADQUARTERS/M & R ENTERPRISE: Rick McKinney made a motion to approve the cleaning service contract with M & R Enterprise. The original contract called for a $1,500 monthly fee payment and this contract called for $750 every two weeks. Chief Conn explained that M & R was being paid in advance of services rendered and the Clerk-Treasurer and the State Board of Accounts suggested he amend the way payment was being made and suggested this method. The motion was seconded by Brown. All members voted aye. Motion carried. Steve Brown made a motion to PROMOTION OF MARIE L. SCHOELLER/CPD: approve the promotion of Marie Schoeller to Administrative Assistant II with a base salary of $1,006.62. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Chief Conn stated that right now Marie was working for the SID and also takes care of the Hamilton County Drug Task Force. Conn said it has been made clear to this employee that should the federal grant money cease, sometime in the future, that the Administrative Assistant II portion of her job description would no longer be necessary and she would drop back to a 1st Class Civilian with the Police Department. Rick McKinney made a motion to EXECUTIVE SESSION/MARCH 9/1994: direct the City Attorney to proceed with a private letter ruling to the IRS with respect to the Haymaker request for withdrawal. Brown stated this is the decision the Board is now making based on information received and reviewed in the Executive Session. The motion was seconded by Brown. All members voted aye. Motion carried. REQUEST FROM THE INDIANA POLICE AND FIRE FIGHTERS ASSOCIATION: Steve Brown moved to defer item 8a until the next meeting or until it makes a subsequent agenda. McKinney said okay but the motion was not seconded and no vote was taken on Brown's motion to defer. (See last paragraph.) PERMISSION TO USE THE GAZEBO ON JUNE 25, 1994 FOR THE INDIANA DANCE Steve Brown moved to approve the request by the AMBASSADORS: Indiana Dance Ambassadors to use the gazebo on June 15, 1994 from 7:00 p.m. until 9:30 p.m. The motion was seconded by Rick McKinney. All members voted aye. Motion carried. Rick TRAFFIC LIGHT APPROVAL FOR RANGELINE AND EXECUTIVE DRIVE: McKinney told the petitioner that the Board had not had time to look at the proposal and would be tabling this item until the next meeting. No motion was made to table or postpone. Jones wanted to state INDIANA POLICE AND FIREFIGHTERS ASSOCIATION: for the record that she has already talked with the sales people from Indiana Police and Firefighters Association and that she did not have a problem with payroll deductions. Jones said her only problem was with the request for the police and firefighters to contact her about payroll withholding. Jones said the state law already allowed her make deductions and she was willing to do that. Brown said that was okay but he didn't want anything to do with it and if the BPW was not supposed to be doing it, that was fine. McKinney said the request was for permission to just talk to the Clerk-Treasurer and that is all it said. Jones disagreed and said the permission was for the police and firemen to talk to the sales people because the payroll withholdings had already been set up and there was no need for the employees to talk to her. Brown moved to table this item. McKinney seconded the motion. All members voted aye. There being no further business before the Board the meeting was duly adjourned. Respectfully submitted, ____________________________________ Susan W. Jones, Clerk-Treasurer Approved, _______________________________________ ATTEST: _________________________________________ Susan W. Jones, Clerk-Treasurer