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HomeMy WebLinkAboutBPW-11-20-96City of Carmel CARMEL BOARD OF PUBLIC WORKS & SAFETY MEETING ~3~ENDA WEDNESDAY, NOVEMBER 20, -- 1:30 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Approval of Minutes a. October 23, 1996 b. November 6, 1996 Performance Releases a. BPW-11-20-96-01; b. c. d. e. f. g. h. i. j. Plum Creek North, Section 1; Signs, Exterior Sidewalks BPW-11-20-96-02; Plum Creek North, Section 2; Signs BPW-11-20-96-03; Plum Creek Ridge, Section 1; Exterior Sidewalks BPW-11-20-96-04; Plum Creek Village, Section 1; Exterior Sidewalks BPW-11-20-96-05; Markers BPW-11-20-96-06; Binder, Curbs BPW-11-20-96-07; Base and Binder, BPW-11-20-96-08; BPW-11-20-96-09; BPW-11-20-96-10; Base and Binder, Lynnwood, Section 2; Monuments and Shad3Fbrook, Section 2; Base and Parkside Village, Sections I and 2; Curbs, Asphalt Surface Sycamore Farm, Section 1; Curbs Williamson Run, Section 7; Streets Williamson Run, Sections 9 and 10; Curbs Recommendation of Bids a. LAN System; Jim Kinder, Communications Center Director Contracts a. Agreement for Goods and Services; Indiana Computer Outlet Corp.; Joe Staehler, Department of Administration A~reement for Legal Services; Dann Pecar Newman & Kleiman; Deb Grisham, Department of Law Agreement for Legal Services; Barnes & Thornburg; Deb Grisham, Department of Law Claims a. The Nyhart Company 10/29/96 $16,865.15 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 b. The Nyhart Company 10/31/96 $4,751.23 c. The Nyhart Company 11/12/96 $7,597.11 Request for Use of City Property a. Holiday Lighting; Carmel Clay Park and Recreation; November 26, 1996 Request for Water and Sewer Availability a. Sewer and Water Availability; Moffitt Farm 2A; Jose Kreutz, Schneider Engineering b. Sewer and Water A~ilability; Moffitt Farm 3, Jose Kreutz, Schneider Engineering c. Sewer and Water Availability; 210 Rangeline P~ad; Mike Myers d. Sewer and Water Availability; Karrington of Carmel, Norman Taylor, Woolpert Other a. Resolution BPW-11-20-96-11/AResolutionApproving an Interlocal A~reement to Operate the Hamilton County Drug Task Force b. Appeal; Roger Conn c. Request for Plat Signature; Stone Haven 1, Secondary Plat; Tom Kutz, Centex Homes d. Request for Plat Signature; Carmel Station 3, Replat; Mark Obergfell, Weihe e. Request for Open Cut; Second Avenue N.W.; Mike Myers f. Request for Commercial Curb Cut/A=cess and Stone Public Alley; Mike Myers g. Change Order; Plum Creek Reimbursement A~reement; Jeff Thompson, Plum Creek h. Change Order #3 for Contract #12; Screen Replacement Project; M.K. Betts; John Duffy, Utilities Announcements Adjournment CARMEL BOARD OF PUBLIC WOPa(S MEETING MINUTES WEDNESDAY, NOVEMBER 20, -- 1:30 P.M. COUNCIL CHAMBERS / CITY pX~T.T. / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor Brainard; Board Members Walker and Watson. Clerk-Treasurer Cordray and Chief Deputy Wolf also attended. Mayor Brainard called the meeting to order at 1:34 p.m. Clerk-Treasurer Cordray explained to board members that they had received copies of a resolution that resulted from action taken by the city council November 18, 1996. She stated the resolution was an Add-On Item for the meeting and asked the board to consider acting on it. The mayor stated he had not participated in any discussion pertaining to the legal action against former Mayor Ted Johnson and would continue his policy not to participate. Mayor Brainard turned the meeting over to Geu~r Walker for the duration of discussion and action on the resolution. Councilor Walker stated that the resolution entailed the city's recommendation to the judge for restitution to the city in the case of State of Indiana v. Theodore Johnson. Councilor Walker moved that the Board of Public Works sign the resolution indicating that it's taking the same position as the Common Council of the City of Carmel. Councilor Walker seconded. Both members voted AYE. The resolution was approved 2-0. At the suggestion of Clerk-Treasurer Cordray, Councilor Walker moved to amend his motion to encompass everything in the resolution, including the voiding of the contract with Data Link Inc. Board Member Watson seconded the amended motion. Both members voted AYE. The amended motion was approved 2-0. Board Member turned the meeting back over to Mayor Brainard. APPROVAL OF MINUTES: Board Member Walker moved to approve the October 23, and November 6, 1996, minutes. Board Member Watson seconded. All members voted AYE. The minutes were approved. PEP~OPa~3~NCE RELEASES: Mayor Brainard moved to approve resolutions BPW-11-20-96-01 through BPW-11-20-96-04. Board Member Walker seconded. All members voted AYE. The resolutions were approved. Mayor Brainard moved to approve Resolution BPW-11-20-96-05. Board Member Watson seconded. All members voted AYE. The resolution was approved. Mayor Brainard moved to approve Resolution BPW-11-20-96-06. Board Member Walker seconded. All members voted AYE. The resolution was approved. Mayor Brainard moved to approve Resolution BPW-11-20-96-07. Board Member Watson seconded. All members voted AYE. The resolution was approved. Mayor Brainard moved to approve Resolution BPW-11-20-96-08. Board Member Watson seconded. All members voted AYE. The resolution was approved. Mayor Brainard moved to approve resolutions BPW-11-20-96-09 and BPW-11-20-96-10. Board Member Walker seconded. All members voted AYE. The resolutions were approved. RECOMNDATION OF BIDS: Jim Kinder, director of the Carmel Clay Communications Center, stated a committee reviewed the bids for the LAN System. He stated the city had $188,000 allocated for the project, and therefore, the city could not accept any of the three submitted bids in whole. However, the city could afford to accept the hardware portion of the bids. Mr. Kinder stated the city planned to use the remaining money to buy the software needed to use with the hardware. Mr. Kinder recommended the board award the bid to Indiana Computer Outlet Corp. in the amount of $162,368.50 for the hardware only. Mayor Brainard moved to award the bid to Indiana Computer Outlet Corp. in the amount of $162,368.50 for the hardware. Mr. Kinder corrected the amount of the bid award to be $147,639.50, not $162,368.50. Mayor Brainard amended his motion to reflect the correct amount. Board Member Walker seconded. Mayor Brainard stated the project was bid in parts because the city anticipated the cost might have been greater than what it had allocated. Mr. Kinder stated the bid choice was a unanimous decision by the committee. Board Member Walker called for the question. All members voted AYE. The bid was awarded to Indiana Computer Outlet Corp. CONTRACTS: Mayor Brainard moved to approve The Agreement for Goods and Services with Indiana Computer Outlet Corp. Board Member Watson seconded. All members voted AYE. The agreement was approved. Board Member Watson moved to approve the Agreement for Legal Services with Dann Pecar Newman and Kleiman. Mayor Brainard seconded. All members voted AYE. The agreement was approved. Mayor Brainard moved to approve the Agreement for Legal Services with Barnes & Thornburg. Board Member Watson seconded. All members voted AYE. The agreement was approved. CLAIM: Mayor Brainard moved to approve the claims as listed on the agenda (Items 5a through 5c). Board Member Watson seconded. All members voted AYE. The claims were approved. USE OF CITY PROPERTY: Mayor Brainard moved to approve the Carmel Clay Park and Recreation department's request to use the gazebo November 26, 1996, for the Holiday Lighting. Board Member Watson seconded. All members voted AYE. The request was approved. WATER AND SEWER AVAILABILITY: Mayor Brainard moved to approve Schneider Engineering's request for water and sewer availability for Moffit Farm, Sections 2A and 3. Board Member Walker seconded. All members voted AYE. The request was approved. Mayor Brainard moved to approve Mike Myers's request for water and sewer availability for 210 Rangeline Road. Board Member Walker seconded. All members voted AYE. The request was approved. Mayor Brainard moved to approve Woolpert's request for water and sewer availability for Karrington of Carmel. Board Member Walker seconded. All members voted AYE. The request was approved. OTHER: Mayor Brainard moved to approve Resolution BPW-11-20-96- ll/A Resolution Approving an Interlocal Agreement to Operate the Hamilton County Drug Task Force. Board Member Walker seconded. All members voted AYE. The resolution was approved. Agenda Item 8b was moved to the end of the agenda. Mayor Brainard moved to approve the request for a plat signature on a secondary plat in Stone Haven, Section 1. Board Member Watson seconded. All members voted AYE. The request was approved. Mayor Brainard moved to approve the request for a plat signature on a replat in Carmel Station, Section 3o Board Member Watson seconded. All members voted AYE. The request was approvedo Mayor Brainard moved to approve the request for an open cut on Second Avenue N.W. by Mike Myers as long as it met the conditions specified in City Engineer Boyle's letter to the board. Board Member Watson seconded. Board Member Walker moved to amend the motion that the cut be allowed only if the travel lane is repaired so that the street is in the same condition as before the cut. Board Member Watson seconded. All members voted AYE. The amendment was approved. The mayor called for a vote on the request. All members voted AYE. The request for an open cut was approved. Mayor Brainard moved to approve the request for a commercial curb cut and stone public alley as long as it met the conditions specified in a letter written to the board by City Engineer Boyle. Board Member Walker seconded. All members voted AYE. The request was approved. Mayor Brainard moved to approve a change order for the Plum Creek reimbursement agreement. Board Member Watson seconded. Utilities Manager Duffy stated this would be the last change order in regards to the agreement. All members voted AYE. The request was approved. Mayor Brainard moved to approve change order #3 for Contract #12 on the Screen Replacement Project with M.K. Betts. Board Member Walker seconded. Utilities Manager Duffy stated this would be the last change order on the contract and explained why it was needed. All members voted AYE. The request was approved. Mayor Brainard introduced the review of Sgt. Roger Conn's grievance against the Carmel Police Department. City Attorney Deb Grisham, acting as advocate on behalf of the Carmel Police Department, stated she had counseled the Chief of Police as he had moved through the grievance process and dealt with a related EEOC claim and a tort claim action. City Attorney Grisham stated Sgt. Conn's appeal was of the grievance procedure set forth by the Carmel Police Department. She also stated the grievance procedure as adopted by the Carmel Police Department was created by local practice, not state law. City Attorney Grisham listed the items board members should have had in their packets for review, and gave them copies of the grievance procedure. She then read the definition of a grievance according the Carmel Police Department's procedure. She stated that in a grievance, the grievant has the burden of proof to show two things: 1) that he has made allegations that fall within the definition of a grievance, and 2) that the Chief of Police's decision at Step 5 was arbitrary, capricious or a clear abuse of his discretion as the Chief of Police. City Attorney Grisham stated that the grievance procedure specifically excludes matters under the administrative control of the Chief of Police. She stated that Sgt. Conn's grievance did not fall within the definition of a grievance and that it should not be heard before the board. Board Member Watson moved to deny the appeal. Board Member Walker moved to hear the grievance. City Attorney Grisham asked the board to clarify whether it wanted to hear the grievance. Mayor Brainard stated the board had two motions on the table, neither of which had received a second. Board Member Walker stated he wanted to hear the grievance because he wanted to ask several questions. At Board Member Walker's request, City Attorney Grisham restated her recommendation that matters within the administrative discretion of the police which have been specifically excluded by definition from a grievable matter not be heard. She also restated, by request of the board, that the grievant had not met the burden of proof because Sgt. Conn had not made allegations that fell within the definition of a grievance. Board Member Watson remade her motion that the board not hear the grievance. Board Member Walker seconded. Board Members Walker and Watson voted AYE, the mayor abstained. The grievance was denied 2-0. Mayor Brainard moved to approve an Add-On Item, a maintenance contract with the Xerox Corporation. Board Member Watson seconded. All members voted AYE. The contract was approved. Board Member Walker moved to adjourn the meeting. Mayor Brainard seconded. All members voted AYE. The meeting was adjourned. Respi~~~J Attest: