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HomeMy WebLinkAboutBPW-11-04-98City of Carmel CARMEL BOARD OF PUBLIC WORKS & SAFETY MEETING AGENDA WEDNESDAY, NOVEMBER 4, 1998 --10 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Approval of Minutes a. October 21, 1998, regular meeting b. October 28, 1998, special meeting Award of Proposals a. Lease of Space adjacent to the City's Communications Tower, 473 3Td Ave. SW b. Lease of Space at the City's Recycle Center, 931 N. Rangeline Road Performance Releases a. Resolution BPW-11-04-98-01; Autumn Lake (Formerly Tudor Commons); Curbs, Sanitary Sewers, Exterior Sidewalks Contracts a. Code Supplement Agreement; American Legal Publishing Corporation; Clerk- Treasurer Diana Cordray b. Service Agreement; Hamilton County Humane Society; Clerk-Treasurer Diana Cordray c. Agreement for Professional Services; Earth Source, Inc.; Mike Hollibaugh, Community Services d. Equipment Maintenance Agreement; Advanced Business Concepts, Inc.; John Duffy, Utilities Director e. Agreement for Professional Services; Bottamiller Enterprises, Inc.; John Duffy, Utilities Director fi Agreement; Ralph Reeder and Sons, Inc.; John Duffy, Utilities Director g. Agreement for Purchase of Goods and Services; Ulrich Chemical, Inc.; John Duffy, Utilities Director h. Agreement for Professional Services; White River Psychology, Inc.; Chief Michael Fogarty, Police Department Claims a. $26,739.33 10/14/98 b. $52,736.41 10/21/98 Request to Use City Property/Close Street a. Request to Close Streets for Four Foot Races; Marty Day, Runners Forum; November 21 and December 12, 1998, and February 13 and March 27, 1999 b. Request to Collect Money at Two Intersections; Michelle Kolosso; November 6 and November 23, 1998, 11:30 a.m. to 2:30 p.m. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Other a. Secondary Plat Approval; Foster Estates, Section 8; Richard Henderson, Schneider Engineering Commercial Curb Cut; Conversion of Driveway from Residential to Commercial Usage; Charles Hook, Time and Travel 8. Adjottrnment CARMEL BOARD OF PUBLIC WORKS MEETING MINUTES WEDNESDAY, NOVEMBER 4, 1998 --10 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Board Members Billy Walker and Mary Ann Burke. Clerk-Treasurer Diana Cordray and Deputy Clerk Robin Butler also attended. Mayor Brainard called the meeting to order at 10:02 a.m. APPROVAL OF MINUTES: Board Member Walker moved to approve the minutes of the October 21 regular meeting and the October 28 special meeting. Board Member Burke seconded. The minutes were approved 3-0. AWARD OF PROPOSALS: Lease of Space ad_iacent to the City's Communications Tower. 473 3rd Ave. SW: Mayor Brainard moved to accept the proposal. Board Member Walker seconded. The proposal was accepted 3-0 Lease of Space at the City's Recycle Center. 931 N. Rangeline Road: Mayor Bralnard moved to accept the proposal. Board Member Burke seconded. The proposal was accepted 3-0 PERFORMANCE RELEASES: Resolution BPW-11-04-98-01: Autumn Lake (formerly Tudor Commons): Curbs. Sanitary Sewers. Exterior Sidewalks: Mayor Brainard moved to approve the resolution. Board Member Walker seconded. Resolution BPW-11-04-98-01 was approved 3-0. CONTRACTS: Code Supplement A~eement with American Legal Publishing Corn_ oration: Mayor Brainard moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. Service Agreement with the Hamilton County Humane Society: Board Member Walker moved to approve the contract. Mayor Brainard seconded. Board Member Walker questioned the amount of the contract, pointing out that the Marion County Humane Society provided these services at no charge. Mayor Brainard stated the City would have to spend time and money to drive to the Mar/on County Humane Society, whereas the cost of the contract was worth the convenience of the Hamilton County Humane Society. The contract was approved 3-0. A~eement for Professional Services with Earth Source. Inc.: Mayor Brainard moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. Equipment Maintenance A~eement with Advanced Business Concepts. Inc.: Mayor Brainard moved to approve the contract. Board Member Burke seconded. The contract was approved 3~0. A~reement for Professional Services with Bottamiller EnteCrises. Inc.: Mayor Brainard moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. A_m'eement with Ralph Reeder and Sons. Inc.: Mayor Brainard Moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. Agreement for Purchase of Goods and Services with Ulrich Chemical. Inc.: Mayor Brainard moved to approve the contract. Board Member Burke seconded. After a vote of 3-0 the Mayor asked for clarification of the total mount of the contract. Ed Wolfe, manager of the wastewater treatment plant, stated the contract was for wastewater and water, and he could not speak to both. Joe Stahler, director of the Department of Administration, clarified that if a contract cost is mom than $25,000, bids or quotes must be received. Mayor Brainard moved to table the agreement until it is determined whether bids/quotes are necessary. Board Member Walker seconded the motion to table. The contract was tabled 3-0. Agreement for Professional Services with White River Psychology, Inc.: Mayor Brainard noted that Exhibit A did not include the dollar amounts of the contract. Mayor Brainard moved to table the contract until the blanks in Exhibit A were filled. Board Member Burke seconded. The contract was tabled 3-0. Police Chief Michael Fogarty stated there was time to rectify the situation because the contract was not effective until January 1, 1999. CLAIMS: Mayor Brainard moved to approve the claims as listed on the agenda. Board Member Walker seconded. Claims were approved 3-0. REOUEST TO USE CITY PROPERTY/CLOSE CITY STREET: Request to Close Streets for Four Foot Races: Marry Day, Runners Forum: November 21 and December 12. 1998. and Febmaxy 13 and March 27. 1999: Mayor Brainard moved to approve the request subject to two conditions for the March 27, 1999, race: 1) Hazel Dell Road would be reopened by 9:30 a.m. on the day of the race and 2) six officers would patrol the route. Marry Day of Runners Forum stated he could have the race begin at 8 a.m. so it would be completed by 9:30 a.m. He stated that if few enough people entered the race, he would not need to close the street because runners could nm on the multi-use trails instead of the road. Board Member Walker seconded. The request was approved 3-0. Request to Collect Money at Two Intersections: Michelle Kolosso: November 6 and November 23. 1998. 11:30 a.m. to 2:30 p.m.: Mayor Brainard stated that one intersection, Keystone Avenue and 116th Street, was not within the City's jurisdiction. He also commented on the safety issues involved when people approach cars stopped at intersections. He stated the Department of Law had not approved the request. ChiefFogarty agreed with the mayor's concerns about safety. There was no motion to introduce this request. OTHER: Secondary. Plat Approval: Foster Estates. Section 8: Richard Henderson. Schneider Engineering: Mayor Brainard moved to approve the request. Board Mc~mber Walker seconded. The request was approved 3-0. ~ommercial Curb Cut: Conversion of Driveway from Residential to Commercial Usage: Charles Hook. Time and Travel: Mayor Brainard moved to approve the request subject to the city engineer's approval of the final plan. Board Member Burke seconded. Board Member Walker verified with City Engineer Kate Boyle-Weese that it was the west side of the street. Ms. Boyle- Weese stated a representative from Time and Travel did not expect much traffic because the company conducts 80 percent of its business over the phone. The request was approved 3-0. Amendment to Catastrophic Medical Leave Plan for Sworn Police and Fire Officers: Mayor Brainard explained Barbara Lamb, director of Human Resources, recommended the amendment. The mayor moved to approve the contract. Board Member Walker seconded. The contract was approved 3-0. Consideration of Personnel Action: Chief Michael Foga~_. Police Department: Chief Fogarty explained that Officer Jonathan D. Floyd left his duty post without permission and drove his patrol vehicle to the City of Noblesville and spent an hour at the private residence ora personal acquaintance (Exhibit A). ChiefFogarty stated that also on that day Officer Floyd lied to his supervisor when questioned about a traffic stop made on September 2, 1998. ChiefFogarty recommended a 30-day suspension without pay. Board Member Walker asked if this would be a part of Officer Floyd's permanent record. ChiefFogarty said it would. The chief also stated that Officer Floyd was an exemplary officer and this was his first offense. Board Member Walker moved to approve the suspension. Board Member Burke seconded. The suspension was approved 3-0. Professional Services Agreement with Kensington Group. Inc.: Mayor Brainard moved to table the contract. Board Member Burke seconded. The contract was tabled 3-0. Curb Cut for Carmel Lutheran Church: Jay Hostetter. Shiel Sexton: Mayor Brainard moved to approve the request. Board Member Burke seconded. Board Member Walker called for the question. The request was approved 3-0. Agreement for Legal Services (Monon Condemnation Cases) with Bleecker Brodey & Andrews: The mayor moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. The meeting was adjourned at 10:35 a.m. Respectfully submitted, Clerk-Treasurer Diana L. Co,ray, I Attest: Approved, Iv~yor James CITY OF CARMEL, INDIANA BOARD OF PUBLIC WORKS AND SAFETY In The Matter of the Suspension of Carmel Police Officer Jonathan D. Floyd FINDiNGS OF FACT Pursuant to Indiana Code Section 36-8-3-4(e), the City of Carmel Board of Public Works and Safety enters the following specific findings of fact as to the reasons for the suspension of the above officer: 1. Jonathan D. Floyd is a sworn law enforcement officer employed by the City of Carmel Metropolitan Police Department and has been so employed at all times relevant to this matter. 2. On September 15, 1998, Officer Floyd, while on regular duty assignment, left his duty post without permission and drove his patrol vehicle to the City of Noblesville. While in Noblesville, he spent approximately one hour at the private residence of a personal acquaintance. Also on September 15, 1998, when questioned by his supervisor, Lt. Harting, about a traffic stop Officer Floyd had made on September 2, 1998, Officer Floyd first told Lt. Harting that he had stopped an off-duty police officer on that date, but then admitted that he had not, in fact, stopped an off-duty police officer, but bad actually stopped an individual named H. Vermillion, who resides in Noblesville and who is not a police officer. 3. Officer Floyd's above actions constitute a neglect of duty and conduct unbecoming an officer, and are in violation of Chapter 26, Section III, Subsection D of Carmel Police Department Rules and Regulations, and specifically Rules 4 (Attention to Duty), 13 (Cooperation with Personnel), 50 (Lawful Orders), 51 (Leaving the City Limits), 52 (Loitering), 56 (Neglect of Duty) and 74 (Professional Image) thereof. -- '~ 4. Officer Floyd has been the subject of no previous disciplinary actions and, except for the above conduct, has ~ performed his job duties for the Carmel Police Department in an exemplary manner. 5. As a result of his above conduct, Officer Floyd is suspended for thirty (30) days, without pay. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY:/ JaJ~es Brainard PresicJi~g Officer Billy ~lke~, Date: Diana Cor&av,tC!~k-~e~er Date: