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HomeMy WebLinkAboutBPW-03-17-04City ot Carmel Office of the Clerk-Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, MARCH 17, 2004 AT 10:00 A.M. COUNCIL CHAMBERS CARMEL CITY HALL ONE CIVIC SQUARE NOTICE IS HEREBY GIVEN THAT THE CITY OF CARMEL BOARD OF PUBLIC WORKS WILL MEET ON WEDNESDAY, MARCH 17, 2004, AT 10:00 A.M. IN THE COUNCIL CHAMBERS, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS CITY BUSINESS. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 City of Carmel Office of the Clerk. Treasurer BOARD OF PUBLIC WORKS & SAFETY MEETING AGENDA WEDNESDAY, MARCH 17, 2004 - 10:00 A.M. COUNCIL CHAMBERS ! CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER e APPROVAL OF MINUTES a. Minutes from March 3, 2004 Regular Meeting BID OPENINGS/AWARDS a. Bid Opening for the 2004-Hazel Deli/Pennsylvania Maintenance (Postponed on March 3, 2004); Scott Brewer, Urban Forester b. Bid Opening for the 2004 - Single Tandem Truck; David Klingensmith, Street Commissioner c. Bid Opening for the 2004 - One Ton Crew Cab - 3A Ton; David Klingensmith, Street Commissioner d. Bid Opening for the Town Road Water Main Extension - 136th Street to 141st Street; John Duffy, Director of the Department of Utilities e. Bid Opening for the West 136th Street Water Main Extension; John Duffy, Director of the Department of Utilities PERFORMANCE RELEASES a. Resolution No. BPW-03-17-04-01; The Lakes at Hazel Dell, Section 8, Storm Sewers/Storm Drainage; Dave Sexton, The Schneider Corporation b. Resolution No. BPW-03-17-04-02; The Lakes at Hazel Dell, Section 9, Storm Sewers/Storm Drainage; Dave Sexton, The Schneider Corporation c. Resolution No. BPW-03-17-04-03; Fairgreen Trace, Phase II; Storm Sewers, Street Signs, Monuments & Markers; David White, Beazer Homes e CONTRACTS a. Request for Purchases of Goods and Services; Taylored Systems; ($11,948.75); John Duffy, Director of the Department of Utilities b. Request to Purchases of Goods and Services; White Oak Construction, ($12,195.00); David Bran&, Maintenance Manager d. Request to Purchases of Goods and Services; Eugene W. Lausch; ($12,000); Michael Hollibaugh, Director of Community Services ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414 e REQUEST TO USE CITY OWNED FACILITIES a. Request to Use City Hall Parking Lot, Gazebo and Common Areas; July 3, 4, 5, 2004 Carmelfest; Wayne Wilson (Tabled 3/3/04) b. Request to Use Gazebo and Common Areas; Saturday, March 27, 2004, 10:00 a.m. to 2:00 p.m.; Easter Egg Hunt; Carpenter GMAC Real Estate OTHER a. Public Hearing; Barrett Law Assessments and Board Determinations Regarding Property Located Within Brookshire North Improvement District; Doug Haney, City Attorney b. Resolution No. BPW 03-17-04-04; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana Regarding the Disposal of Personal Property; Marvin Stewart, Director of Communication Center c. Request for Property Exchange Agreement with Steuben County; ($3,500); Marvin Stewart, Director of Communication Center d. Conflict of Interest Disclosure Statement; William G. Hohlt e. Request for Dedication of Right Of Way; Carmel Junior High School, Old Meridian Loop Road; William E. Payne, Fanning/Howey Associates Request for Lane Closure; Rangeline Road; Western, Southbound Lane; Howard L. Dugan, Gillatte General Contractors, Inc. g. Request for Open Pavement Cut; 3rd Avenue S.W.; Kosene & Kosene Townhomes, Carmel City Center; Bob Olson, CSO Engineers h. Request for Secondary Plat Approval; The Townhomes at Rangeline; Dave Sexton, The Schneider Corporation i. Request for Water and Sewer Availability; Cherry Creek Estates, Section 3; Tim Walter, Platinum Properties j. Request for Correct Right of Way in the City Center Project; Les Olds, Director of the Carmel Redevelopment Commission 7. ADJOURNMENT BOARD OF PUBLIC WORKS & SAFETY MEETING Minutes Wednesday, March 17, 2004 - 10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Board Members Lori'-'~atson; Board Member Burke; Diana Cordray, Clerk Treasurer; Deputy Clerk-Treasurer, Sandra Johnson Board Member Burke called the meeting to order at 10:00 a.m. MINUTES Minutes March 3, 2004 Regular Meeting were approved 2 - 0. Board Member Burke requested that items 2(a) and 5(a) be moved to the end of the Agenda to give the City Attorney time to be present. Approved 2 - 0. BID OPENINGS/AWARDS Bid Opening for the2004- Single Tandem Truck; Board Member Burke opened and read the bids aloud. Company Bid Circle City GMC Erik' s Chevrolet $ 273,600.00 $ 258,800.00 The bids were given to David Klingensmith, Street Commissioner for review and recommendation at the next meeting. Bid Opening for the2004- One Ton Crew Cab Trucks; Board Member Burke opened and read the bids aloud. Company Bid Circle City GMC Eriks Chevrolet Tom Wood $162,612.00 $164,750.00 $159,720.00 The bids were given to David Klingensmith, Street Commissioner for review and recommendation at the next meeting. Bid Opening for West J36th Street Water main Extension; Board Member Burke opened and read the bids aloud. Company Bid Alternate Bid Fleetwood Contracting Corp. Atlas Excavating Eagle Valley $ 299,825.00 $ 288,106.00 $198,545.00 $ 435,500.00 $ 399,467.00 $ 295,303.00 The bids were given to John Duffy, Director of the Department of Utilities for review and recommendation at the next meeting. Bid Opening £or Towne Road Water Main Extension; Board Member Burke opened and read the bids aloud Company Bid Alternate Bid Fleetwood Contracting Corp. $119,055.00 $ 90,580.00 Atlas Excavating $127,350.00 $ 77,400.00 Eagle Valley $ 91,160.00 $ 74,472.00 Busby $ 99,180.38 $ 60,339.68 Tramco $ 98,978.50 $ 76,420.00 Sweeney $102,110.00 $ 79,242.00 Miller Pipe $102,234.00 $ 87,750.00 InfraStructure $ 98,763.00 $ 74,890.00 The bids were given to John Duffy, Director of the Department of Utilities for review and recommendation at the next meeting. PERFORMANCE RELEASES Resolution No. BPW-03-17-04-Ol: The Lakes at Hazel Dell, Section 8, Storm Sewers/Storm Drainage; Board Member Burke moved for approval. Board Member Watson seconded. Request approved 2 - 0. Resolution No. BPW-03-]7-04-02; The Lakes at Hazel Dell, Section 9, Storm Sewers/Storm Drainage; Board Member Burke moved for approval. Board Member Watson seconded. Request approved 2 - 0. Resolution No. BPW-03-17-04-03; Fairgreen Trace, Phase II; Storm Sewers, Street Signs, Monuments & Markers; Board Member Burke moved for approval. Board Member Watson seconded. Request approved 2 - 0. CONTRACTS Request for Purchases of Goods and Services; Taylored Systems ($11,948.75); Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services: White Oak Construction ($12,195.00); Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Eugene W. Lausch ($12,000); Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. REQUEST TO USE CITY FACILITIES Request to Use Gazebo and Common Areas: Saturday, March 27, 2004 10:00 a.m. - 2:00 p.m.: Easter Egg Hunt; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. O~mER Public Hearing; Barrett Law Assessments and Board Determinations Regarding Property Located Within Brookshire North Improvement District; Board Member Burke opened the Public Hearing at 10:24 a.m. Seeing no one wished to address the Board, Board Member Burke closed the Public Hearing at 10:25 a.m. Resolution No. BPW- 03-17-04-04; A Resolution of the Board of Public Works and Safety of the City of Carmel regarding the Disposal of Personal Property; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request {'or Property Exchange Agreement with Steuben County; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Con[lict o{' Interest Disclosure Statement; William G. Hohlt; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request {'or Dedication o{' Right 0{' Way: Carmel Junior High School; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request {'or Lane Closure, Rangeline Roa& Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request £or Open Pavement Cut; 3ra Avenue; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request £or Secondary Plat Approval; The Townhomes at Rangeline; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request {'or Water and Sewer Availability; Cherry Creek Estates Section 3; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. Request {'or Correction o{' Right o£ Wa/in the City-Center Project; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. ITEMS MOVED TO END OF AGENDA: Bid opening {'or 2004 - Hagel-Dell Parkway/Pennsylvania Blvd Maintenance; Board Member Burke opened and read the bids aloud Company Bid First Class Lawn M.R. Services Scott's Lawn Service Mainscape $ 89,300.00 $ 70,950.00 $ 99,770.00 $ 73,000.00 Note: Two bids were received after the deadline and were not opened. The bids were given to Scott Brewer, Urban Forester for review and recommendation at the next meeting. The Meeting recessed at 10:33 a.m. The Meeting reconvened at 10:46 a.m. Request to Us City Hall Parking Lot, Gazebo and Common Areas: July 3, 4, 5th, 2004 Carmelfest: City Attorney Doug Haney read a letter addressed to the Carrnelfest Committee into the Record. (See Attachment) There was brief discussion. Board Member Burke moved to approve the request with the contingencies as stated in the letter but excluding the reference to the donation of $15,000 by the City. Board Member Watson seconded. Request approved 2-0. ADJOURNMENT Board Member Burke adjourned the meeting at 10:59 a.m. Clerk-Treasurer ~an~ L~ Cordray, I ' - ' Clerk-Treasurer Approved, //~6r J~m~s ~Brainard Sandra M. Jolmso~ Deputy Clerk for March 16, 2004 City of Carmel Carmel Board of Public Works and Safety One Civic Square Carmel, Indiana 46032 Dear Board Members: In response to complaints received by the City from various members of the public and from Carmelfest Committee members, I have examined the request by the, Cannelfest Committee (hereinafter "Carmelfest") to: Receive Fifteen TJaousXtrd--DZd~'s (,~,-0OO:O~funds to co~duct a_/trawork dia~ ~e._~~d Authorize use of the streets and public grounds at Civic Square for a parade and festival sponsored by the Carmelfest Committee on July 3, 4 and 5, 2004. Some of these complaints revolve around whether Carmelfest misrepresented itself to donors and potential donors that it is authorized by the Internal Revenue Service (hereinafter "IRS") to received donations which may be deducted on the donors' federal income tax returns. The determination of whether a state not-for-profit corporation qualifies for any particular treatment by the IRS is detenuined by federal law and a6companying Treasury regulations, as interpreted by that agency. A related question is whether Carmelfest is a not-for-profit corporation under Indiana law. This determination is made by the Indiana Secretary of State, who accepts and qualifies apphcants and determines whether they continue to qualify for not-for-profit status. Another question that has arisen due to the above-mentioned complaints is whether Carmelfest, which has received donations from the City of Carmel and Clay Township in past years, has used some of those public taxpayer funds, unbeknownst to its donors, for political purposes. Specifically, complaints have been made that in the Summer of 2002, Mr. Wayne Wilson's campaign for the Republican nomination for Mayor of Cannel received the benefit of City funds. Mr. Witson, a Carmelfest Committee member, it is complained, made arrangements for a glossy multi~page program listing the various events that take place during Carmelfest. This is apparently the first time that Carmelfest printed such a program to distribute to the thousands of people attending its event. Mr. Wilson and others apparently sold advertisements in this program to individuals and businesses in the community, presumably to raise money for canuelfest's 4th of July event. It is alleged that the program was printed with Carmelfest funds, including City and Clay Township funds donated for the festival. These programs did include a large campaign advertisement for Mr. Wilson's mayoral campaign, as well as other advertisements. It is alleged that Mr. Wilson's campaign paid no or very little money for this political advertisement in the program, while other businesses were charged hundreds of dollars more for the same-sized advertisement. If this is the case, there may have been an illegal misuse of donated public funds. Additionally, these actions, if true, may disqualify Carmelfest from being an Indiana not-for-profit corporation and from qualifying under Federal la~vs and regulations as an organization eligible to accept tax-deductible donations. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Other complaints the City has received include that thc armounccr at thc 2002 Carmclfest parade reviewing stand, who was paid by Carmelfest, told viewers and spectators, as well as a televised audience, to "Vote for Wayne Wilson" as part of his official duties when Mr. Wilson's entry in thc parade passed by thc reviewing stand. This announcement went out over government access television and was heard by hundreds of spectators in thc area of thc reviewing stand, while allegedly being paid for out of Carmelfcst monies, including unsegregated monies donated by govcrmncntal units. The City has also received complaints that members of "protected classes" under Federal law have requested to be included as volunteer Carmelfest Committee members, but have been denied this opportunity to serve their community. This too, if substantiated, may be a violation of Federal and State law, given that taxpayer funds have been used to fund Carmetfest activities. Given these concerns, which I caution constitute at this time allegations and not proof of improper Conduct, I recommend that the Board of Public Works and Safety approve the Carmelfest Committee's request expressly conditioned upon its timely receipt of the following information in a form and substance acceptable to the Board: The Carmelfest Committee shall provide certified documents from the Indiana Secretary of State's Office indicating that Carmelfest is currently, and has been since its initial formation, an Indiana not-for-profit corporation in "good standing." 2. The Carmelfest Committee shall provide documentation showing all receipts and expenditures pertaining or related to the 2002 Carmelfest printed program. 3. A responsible.officer of Carmelfest shall provide a listing of the Federal tax status of Carmetfest for each year Of its existence, including its current Federal tax status. 4. That a written statement from the Carmelfest Board of Directors shall be provided detailing the organization's policy toward political advertising and involvement. 5. That a written statement from the Carmelfest Board of Directors shall be provided detailing both the procedure for becoming a member of the Carmelfest Committee and Carmelfest's nondiscrimingtion policy. Since the time is rapidly approaching for July 4, 2004, I would require that a written response fully satisfying the above requirements be provided to the undersigned, on behalf of the Board of Public Works and Safety, on or before April 14, 2004. Respectfully yours, City Attomey [ cc: Wayne Wilson Jeff Worrell