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HomeMy WebLinkAboutBPW-05-21-97City of Carmel CARMEL BOARD OF PUBLIC WORKS & SAFETY MEETING AGENDA WEDNESDAY, MAY 21, 1997 -- 1:30 P.M. cOUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER Approval of Minutes a. MaY 7, 1997, regular meeting Bond a. b. c. d. e. Releases Resolution BPW-05-21-97-01; Brooks Landing Offsite; Streets, Curbs, Sanitary Resolution BPW-05-21-97-02; Brooks Landing, Section 1; Streets, Curbs, Sanitary, Storm Resolution BPW-05-21-97-03; Moffitt Farm, Section 3; Streets, Curbs, Sanitary, Storm Resolution BPW-05-21-97-04; Plum Creek North, Section 4; Streets, Curbs, Water, Storm Resolution BPW-05-21-97-05; Plum Creek Village, Section 2; Sanitary Sewers Contracts a. Renewal of Maintenance Agreement; Scantron Service Group; Judge Bardach, City Court b. Agreement for Professional Services; Single Source Systems, Inc.; John Duffy, utilities c. Agreement for Provision of Services; At Your Service; Joe Staehler, Department of Administration d. Agreement for professional Services; Data Systems, Inc.; Chief Douglas Callahan, Fire Department e. Agreement for Professional Services; Ratio Architects, Inc.; Kate Boyle, Engineering f. Agreement for Insurance; National Casualty Company; Race Around The Clock, Carmel Main Street, Inc. Claims a. $1,290.83 5/06/97 b. $42,803.72 5/13/97 c. 22,733.67 5/97 d. $1,126.12 2/97 Request to Use City Property a. Public Safety Day; Tony Collins, Department; October 4, 1997 Carmel Fire ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Volunteer Coffee; Mary McCorkle, Carmel/Clay Parks and Recreation; July 12, 1997 Request for Room in Carmel City Hall; Tonya Stradtner; May 31, 1997 7 o Plat a. bo Signatures Sycamore Farms, Section 1, Secondary Plat; Shane Clements, C.P. Morgan Brooks Landing at Prairie View, Section 1, Secondary Plat; Ken Alexander, Brenwick Development Request for Consent to Encroach a. Consent to Encroach; Mark E. Downham b. Consent to Encroach; Sina I. Mills and Walter C. Mills 9 o Other a. Confirmation of Carmel Police Department's Eligibility List for Promotions; Chief Michael Fogarty b. Vacation of Easement; US Postal Service; John Duffy, utilities c. Carmel Utilities - Fee Waivers; John Duffy, Utilities d. Vacation of Old River Road Right-of-Way/Prairie View; Jim Nelson, Nelson & Frankenberger e. Dedication of New River Road and 131st Street Lot; Jim Nelson, Nelson & Frankenberger 10. Announcements 11. Adjournment CARMEL BOD/~D OF PUBLIC WORKS MEETING MINUTES WEDNESDAY, MAY 21, 1997 -- 1:30 P.M. COUNCIL CHAMBEP~g / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Board Members Mary Ann Burke and Billy Walker. Clerk-Tressurer Diana Cordray and Chief Deputy Rebecca Wolf also attended.' Mayor Brainard called the meeting to order at 1:36 p.m. APPROVAL OF MINUTES: Board Member Walke~ moved to approve the minutes of May 7. Beard Member Burke seconded. The minutes were approved 3-0. BOND RELEASES: Resolution BPW-05t21-97-01 through Resolution BPW-05-21-97-05: Board Member Walker moved to approve the bond releases as listed on the agenda. Board Member Burke seconded. The resolutions were approved 3-0. CONTRACTS: Renewal of Maintenance Agreement with Scantron Service Group: Mayor Brainard moved to approve the contract. Board Member surke seconded. The contract was approved 3-0. Agreement for Professional Services with Single Source Systems, Inc.: Board Member Walker moved to approve the contract. Board Member Burke seconded. Utilities Manager John Duffy explained the company wanted the board to waive the insurance requirement. Mr. Duffy stated he had no problem with the request. He explained the utility would have a back-up system and that the price of the contract would not change. A representative from Single Source stated the insurance would cost the company more than it would make on the job. Mayor Brainard verified the company had workers compensation and liability insurance. Mayor Brainard amended his motion to waive the errors and omissions insurance from the contract. Board Member Walker seconded. The amendment was approved 3-0. The amended contract was approved 3-0. Agreement for Provision of Services with At Your Service (Interior Painting).: Mayor Brainard moved to approve th= contract. Board Member Burke seconded. The contract was approved 3-0. Agreement for Professional Services with Data Systems, Inc.: Mayor Brainard moved to approve the contract. Board Member Walker seconded. The contract was approved 3-0. Agreement for Professional Services with Ratio Architects, Inc.: Mayor Brainard moved to approve the contract. Board Member Burke seconded. The contract was approved 3-0. Agreement for Insurance with National Casualty Company: Mayor Brainard moved to approve ~he contract. Board Member nurke seconded. Clerk-Treasurer Cordray asked the board to withhold a vote until the assistant city attorney arrived at the meeting. Mayor Brainard tabled th~ agreement until later in the meeting by consent of the board. Board Member Walker stated he was concerned the age range (5 to 55 years-old) specified in the contract was not broad enough. CLAIMS: Board Member Walker moved to approve the claims as listed on the agenda. Board Member Burke seconded. The claims were approved 3-0. Mayor Brainard acknowledged that many members of the Carmel Fire Department were present in the audience° He explained that as soon as the city attorney arrived, the board would hear information regarding Sgt. Brad Love. REQUEST TO USE CITY PROPERTY: Public Safety Day on City Grounds; Carmel Fire Department; October 4: Mayor Brainard moved to approve the request. Buard Member Walker seconded. The request was approved 3-0. The mayor confirmed the approval was for October 4, 1997, not October 4, 1996, as written on the request form. Volunteer Coffee at the Gazebo (Carmel City Hall if Bad Weather); Carmel Clay Parks and Recreation; July 12: Mayor Brainard moved to approve the request. Board Member Walker seconded. The request was approved 3-0. Request for Room in Carmel City Hall; Tonya Stradtner; May 31: Mayor Brainard moved to approve the request. Board Member Walker seconded. The request was approved 3-0. PLAT SIGNATURES: Sycamore Farms, Section 1, Secondary Plat: Mayor Brainard moved 'to approve the request for signatures. Board Member Walker seconded. The request was approved 3-0. Brooks Landing at Prairie View, Section 1, Secondary Plat: Mayor Brainard moved to approve the request for signatures. Board Member Burke seconded. The request was approved 3-0. REQUEST FOR CONSENT TO ENCROACH: Mark E. Downham: City Engineer Kate Boyle explained the request was for a deck. ~%~or Brainard moved to approve the request for consent to encro~~. ~Board Member Walker seconded. The request was approved 3-0. Sina I. Mills and Walter C. Mills: Ms. Boyle explained the encroachment. Mayor Brainard'verified the legal department's approval of the document and asked if the city could get to the pipe without knocking down the fence. Ms. Boyle stated she was not sure, but that the owners were aware the city could tear down the fence if it needed to get to that part of the easement. Mayor Brainard moved to approve the request for consent to encroach. Board Member Burke seconded. The request was approved 2-1. Board Member Walker voted no. OTHER: Mayor Brainard called forth Fire Chief Douglas Callahan to make a recommendation regarding Sgt. Joseph Bradley Love. Chief Callahan recommended that Sgt. Love receive a reduction in rank and pay from Sergeant to First Class Firefighter,' effective immediately, with Firefighter Love to be placed at the bottom of the current Sergeant's eligibility list. He also recommended Firefighter Love be suspended for 30 days without pay, with credit for 30 days already served, making Firefighter Love eligible to return to work immediately (Exhibit A). Greg Caldwell, Firefighter Love's attorney, stated he was available if the board had any questions. Firefighter Love apologized to the board and to the city for his actions. He stated he was lookin.~ forward to returning to work. Assistant City Attorney; Douglas C. Haney asked for the clerk- treasurer to receive a copy of the court order (Exhibit B). Mayor Brainard moved to accept Chief Callahan's recommendation. Board Member Walker seconded. The recommendation was accepted 3-0. Board Members told Firefighter Love they looked forward to his return. Mayor Brainard stated that government employees have to operate at a standard greater than others. Confirmation of Carmel Police Department's Eligibility List for Promotions: Chief Michael Fogarty explained the process for determining the eligibility list for promotions. Mayor Brainard moved to approve the list. Board Member Walker seconded. The eligibility list was approved 3-0. In regard to the opening of bids for in-car camera systems at the previous meeting, Chief Fogarty explained he had not presented the board with a recommendation for the systems at this meeting because representatives from one of the bidding companies stated they had made an error in their bid, increasing the price. Chief Fogarty stated the error occqrred in the bid he had planned to recommend. The chief and the mayor agreed to give the bids to the city attorney to determine if the bid legally could be changed. The board then voted 3-0 to approve the promotion of officers on the eligibility list. Vacation of Easement; US'~Postal Service: Mr. Duffy stated the utility didn't really need the easement. Mayor Brainard moved to approve the request. Board Me~mber Walker seconded. The request was approved 3-0. ~. ~ Carmel Utilities - Fee Waivers:~Mr. Duffy requested the item be tabled. Mayor Brainard moved to table the item. Board Member Walker seconded. The item was tabled 3-0. Vacation of Old River Road Right-of-Way/Prairie View and Dedication of New River Road and 131st Street Lot: Jim Nelson of Nelson & Frankenberger, representing BDC Cardinal, ~explained the requests to the board. Mr. Nelson requested the documents signed by the board not be recorded until city council approves the requests. Mayor Brainard moved to approve the request pending review and approval of the documents by the city attorney. Board Member Walker seconded. The request was approved 3-0. Mayor Brainard opened discussion on the Agreement for Insurance with National Casualty Company that was tabled earlier in the meeting. Mr. Haney explained to board members that for the same cost as specified in the agreement before them, the city could add additional activities to be covered by the policy instead of just skating. Activities that could be added were festival, fund- raising, bicycling, exercise, skating and all spectators for the activities checked above. Fred Ellis, the city's insurance representative, explained the cost of the policy. Mayor Brainard verified the city had money in its budget to cover expenses if more people than expected attended. He also recommended the age for those covered be changed from 5 to 55 to 0 to 105 years-old. The mayor moved to amend the agreement to include changes made by the city attorney and the change in ages covered by the policy. Board Member Walker seconded. The amendment was approved 3-0. The amended agreement was approved 3-0. The meeting was adjourned at 2:34 p.m. Appr~ed, * MEMORANDUM To: Board of Public Works and Safety From: Fire ChiefCallahan Date: May 21, 1997 RE: Sergeant Joseph Bradley Love In response to Sergeant Joseph Bradley Love's conviction of May 19, 1997 for Operating While Intoxicated, Class A Misdemeanor, in the Hamilton County Superior Court No. 5, Cause No. 29D05-9704-CM- 1658, and his violation of Fire Department roles and regulations, I, as Fire Chief, recommend the following disciphne be imposed: Reduction in rank and pay from Sergeant to First Class Firefighter, effective immediately, with Firefighter Love to be placed at the bottom of the current Sergeant's eligibility list. 2. Thirty (30) days'suspension without pay, with credit for 30 days already served, Firefighter Love to be eligible to return to work immediately. Respectfully submitted, Chief, Carmel Fire Department IN THE HAMILTON Superior Cour~ No. 5 STATE OF INDIANA STATE OF INDIANA CAUSE NO. 29DOS-9704-CM-1658 VS JOSEPH B. LOVE ORDER OF GUILTY PLEA AND SENTENCING H ARr G 'vla !qlt Comes now tho State of Indiana by Jennifer L. Freeman, Deputy Prosecuting Attorney, and the defendant in person and by counsel, Gregory Caldwell, for guilty plea and seutcnclng hearing. Plea negotiations filed. Defendant is informed of Ma/her rights, the charges against him/her and the penalties thereof. Defendant examined as to the voluntariness of the plea. Defendaut pleads guilty to COLINT II: OPERATING WIA1LE INTOXICATED, CLASS A MISDEMEANOR, and the State~ provides the Court with a factual basis. The Court being duly advised now finds that the defendant's plea is knowingly and voluntarily made, and has a basis in fact. Parties waive Presentencc Investigation; the Court examines the defendant's criminal record as filed. Plea of guilty is accepted and Judgment of Conviction entered as to COUNT II: OPERATING WHILE INTOXICATED, CLASS A MISDEMEANOR. The defendant is now senteuced to: 365 days in the Hamilton County Jail, all suspended to probation. Credit for ~a__~T'days served. (._] actual). 365 days of probation, with such temls tho court may impose, including the following terms 1) templets C,A.R.£. alcohol/drug evaluation, complying with all treatment recommendatious, $123.50 court costs assessed. $200 countermeasures fee imposed. $1000 fine suspended. 90 day license suspension, with credit for administrative suspension begun ~" lb~. q ~ , with the balance{stalted and_a 180. day probationary license granted upon issuance by BIvlV, The State's motion to dismiss CT, I: OPERATING W/AT LEAST .10% BAC, C MISD,; CT III: SPEEDING, C INFR., is made and grauted. ~'.ff./'~'Dcfendant is ordered to report to probation services Defendant is remanded to the custody of the Hamilton County Sheriff. Payment of. tin.Court costs stayed days. ~ Bond previously posted hereby ord'~red released and surety discharged. ~ All pending Court dates hereby ordered vacated. ~ Gregory Caldw¢ll is hereby released from his/her appointment as attorney of record. Wayv/~ A, Sturteva~t, Judge Hamilton Superior Court No. $ Distribution I. Prosecuting Attorney 2. Probation Services 3, Gregory Caldwell, Attorney for the Defendant .... --.' ...... ;. .... PROBATION PRO$1~CUTOR D£~"ENDANT , ATI'Y.