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.