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HomeMy WebLinkAboutBPW-04-21-04City of Carmel Office of the Clerk-Treasurer MEETING NOTICE CARMEL BOARD OF PUBLIC WORKS WEDNESDAY, APRIL 21, 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, APRIL 21, 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 Office of the City of Carmel Clerk Trea [OARD OF PUBLIC WORKS & SAFETY MEETING AGENDA WEDNESDAY, APmL 21, 2004 - 10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER e APPROVAL OF MINUTES a. Minutes from April 7, 2004 Regular Meeting BID OPENINGS/AWARDS a. Bid Opening for 2004 Paving Program; Commissioner David Klingensmith, Street PERFORMANCE RELEASES a. Resolution No. BPW-04-21-04-01; Fairgreen Trace, Phase II, Exterior Sidewalks; Steve Cook, Trinity Homes b. Resolution No. BPW-04-21-04-02; Cherry Creek Estates, Sections 1M1B; Storm Sewers, Monuments & Markers; Tim Walter, Platinum Properties c. Resolution No. BPW-04-21-04-03; Cherry Creek Estates, Sections 1A/lB; Offslte Paving - Hazel Dell Turn Lanes; Tim Walter, Platinum Properties CONTRACTS a. Request for Purchases of Goods and Services; Eagle Valley; ($91,160.00-Bid Award); John Duffy, Director of the Department of Utilities b. Request for Purchases of Goods and Services; Eagle Valley; ($198,545.00-Bid Award); John Duffy, Director of the Department of Utilities c. Request for Purchases of Goods and Services; Change Order g2 Contract 29- Biopasteur Facility; (Change amount $44,008.93); John Duffy, Director of the Department of Utilities d. Request for Purchases of Goods and Services; Progressive Rescue Solutions, Inc. ($8,400.00); Chief Douglas Callahan, Carmel Fire Department e. Request for Purchases of Goods and Services; IPSP; ($7,000.00); Chief Douglas Callahan, Carmel Fire Department f. Request for Purchases of Goods and Services; Consolidated Fleet Services; ($2,140.00); Chief Douglas Callahan, Cannel Fire Department g. Request for Purchases of Goods and Services; Bose, McKinney & Evans, LLP; ($1,200.00); Barb Lamb, Director of Human Resources ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/$71-2414 J Request for Purchases of Goods and Services; Maximus; ($8,250.00); Barb Lamb, Director of Human Resources Request for Purchases of Goods and Services; Bean, Longest & Neff, Inc.; ($30,000.00); Michael McBride, City Engineer Request for Purchases of Goods and Services; Spectrum Health Systems; ($33,000.00); Barb Lamb, Director of Human Resources REQUEST TO USE CITY OWNED FACILITIES a. Request to Use City Hall First Floor Lobby and Mezzanine; July 3, 4, 5, 2004; Display Quilts; Tabled at April 7, 2004 meeting pending Steve Engelking's research. OTHER a. Request for Swearing in of Three (3) New Officers; Chief Michael Fogarty, Carmel Police Department. b. Response from CarmelFest Committee regarding questioned raised by City Attorney at March 17, 2004 Meeting. Wayne Wilson, CarmelFest Committee c. Request for Water and Sanitary Sewer Availability; Carmel City Center Parcel g9; Christopher Reid, Hoosier Realty Investments d. Request for Water Availability; Hazel Deli Corner, Lot #1; Irrigation System; C. Weisiger, Gershman Brown Associates e. Request for Water Availability; The Townhomes at Hunter's Creek; Irrigation System; J. Cort Crosby, The Schneider Corporation. f. Request for Water and Sanitary Sewer Availability; Carmel City Center Pedcor, Phase II; Bob Olson, CSO Engineers g. Request for Water Availability; Clay Terrace; Irrigation System; Patrick Shea, Lautb Property Group h. Request for Sanitary Sewer Availability; St. Christopher's Episcopal Church; Marty Harpold, St. Christopher Episcopal Church i. Request for Commercial Curb Cut; Carmel City Center Block 99; Christopher Reid, Hoosier Realty Investments j. Request for Temporary Construction Entrance; St. Christopher's Episcopal Church; Marty Harpold, St. Christopher Episcopal Chumh k. Request for Commercial Curb Cut; Crystal Lake at River Ridge; Larmar Ziegler, Evergreen Planners, LLC 1. Request for Plat Approval; The Woods at Williams Creek; Replat of Lots 45 & 46; Dave Barnes, Weihe Engineers, Inc. m. Request for Secondary Plat Approval; The Ridge at Hayden Run, Section 2; Todd Schaefer, Centex Homes 7. ADJOURNMENT BOARD OF PUBLIC WORKS & SAFETY MEETING Minutes Wednesday, April 21, 2004 - 10:00 A.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Board Members Lori Watson; Diana Cordray, Clerk Treasurer; Deputy Clerk-Treasurer, Sandra Johnson Mayor Brainard called the meeting to order at 10:08 a.m. MINUTES Minutes April 7, 2004 Regular Meeting were tabled. BID OPENINGS/AWARDS Bid Opening for the2OO4-Paving Program; Mayor James Brainard opened and read the bids aloud. Company Bid Sheely & Sands Calumet Asphalt Grady Brothers Milestone Contractors Rieth-Riley E&B Paving * $1,346,342.08 $1,242,870.46 $1,340,086.53 $1,193,671.53 $1,252,135.69 $1,652,821.39 *This bid was opened when received by'the Clerk Treasurer's office. The bids were given to David Klingensmith, Street Commissioner for review and recommendation at the next meeting. PERFORMANCE RELEASES Resolution No. BPW-04-21-04-O1; Fairgreen Trace, Phase 11, Exterior Sidewal~,; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Resolution No. BPW-04-21-04-02: Cherry Creek Estates, Sections lA~lB; Storm Sewers, Monuments & Markers: Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Resolution No. BPW-04-21-04-03: Cherry Creek Estates, Sections lA~lB; Offsite Paving Hazel Dell Turn Lanes; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. CONTRACTS Request for Purchases of Goods and Services; Eagle Valley; ($91,160.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Eagle Valley ($198,545.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; MK Betts Change Order #2; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Progressive Rescue Solutions, Inc. ($8,400.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services: IPSP; ($7,000.00): Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Consolidated Freight Services ($2,140.00): Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Bose, McKinney & Evans: ($1,200.00) Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Maximus; ($8,250.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Bean, Longest & Neff; ($30,000.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Spectrum Health Systems; ($33,000.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. REQUEST TO USE CITY FACILITIES Request to Use City Hall Lobby and Mezzanine; July 3,4, 5th, 2004; Display Quilts; Tabled on April 7, 2004; Director of Administration Steve Engelking asked to have this item remained tabled until the next meeting. OTI~ER Swearing in of Three (3) New Police Officers; Christopher Dunlap, Matthew Molter, R. Scott Spillman. Response from the CarmelFest Committee regarding Questions Raised by City Attorney; Mayor Brainard moved to table the item. Board Member Watson seconded. Item tabled 2-0. Request for Water and Sanitary Sewer Availability; Carmel City Center Parcel #9: Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Water Availability; Hazel Dell Comer, Lot #1; Irrigation System; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Water Availability; The Townhomes at Hunter's Creek; Irrigation System; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Water and Sanitary Sewer Availability; Carmel City Center Pedcor, Phase II; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Water Availability; Clay Terrace; Irrigation System; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Sanitary Sewer Availability; St. Christopher's Episcopal Church: Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Commercial Curb Cut; Carmel City Center Block #9: Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Temporary Construction Entrance: St. Christopher's Episcopal Church; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Commercial Curb Cut; Crystal Lake at River Ridge; There was extensive discussion regarding 96th Street traffic flow. Mayor Brainard moved to table the item. Board Member Watson seconded. Item tabled 2-0. Request for Plat Approval: The Woods at Williams Creek: Replat of Lots 45 & 46; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. Request for Secondary Plat Approval; The Ridge at Hayden Run, Section 2; Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. ADD ON ITEM: Request for Approval of Carmelfest with Contingencies; Mayor Brainard moved to table the item. Board Member Watson seconded. Item tabled 2-0. Request for Temporary Construction Entrance; Kite Development; There was extensive discussion. Chris Ellington, 2496 Scottsdale, spoke in opposition of the proposal Anya Oaks Johnson, J452J Dublin Drive, spoke in opposition of the proposal Greg McCaule¥, J4582 Danbury, spoke in opposition of the proposal Ron Carter, J3J1 Ridge Road, was concerned that there were no bicycle paths in the neighborhood Steve Engelking Director of Administration, read two emails that were received in opposition of the proposal Eric Strickland and Jeff Schroeder, Kite Construction; answered questions and concerns After extensive discussion it was decided to add the following conditions to the City Engineer's letter dated April 20, 2004. J. Strick observance of all traffic signals, signs and speed limits 2. A bike path is to included in the negotiations of the common area 3. Trees in Wetland Mitigation area will need to be completed in Fall 2004 4. Hours of operations are to adhere to the school bus schedules with a JO-minute buffer at the pick up time and drop off time of children. Kite to confirm with Carmel-Clay schools and Our Lady of Mt. Carmel. 5. Operation will be completed by June 4, 2004 at 3:00 p.m. or will need to be revisited by the BPW Mayor Brainard moved to approve with all contingencies of letter and additions made by the Board. Board Member Watson seconded. Request approved 2-0. Request for Purchases of Goods and Services; Ford Motor Company ($9~600.00); Mayor Brainard moved to approve. Board Member Watson seconded. Request approved 2-0. AD..IOURNMENT /~)iana L. Cordray, IAMC ~ Clerk-Treasurer Approve/~l., -~ M~)~$r James Brainard ATTEST: Clerk-Treasurer ATTACH Emails from Danbury, Memo to dept heads 04-13-04 P01:55 IN Cam'B .LL PRomrr L .P JOHN M. KYLE JOHN D. PROFF1TT ROBERT R CAMPBELL JEFFREY $. NICKLOY DEBORAH L FARMER WILLIAM E. WBNDLINO, JR. ANNE HENSLEY POINDEXTER ANDREW M. BARKER MICHAEL A. GASATI JOHN S. TERRY RODNEY T. SARKOVICS SGOTT P. WYATT AMY E. HIGDON ALLYSON R. BREEDEN ORVAL P. SCHIERHOLZ ATTORNEYS AT LAW April 13, 2004 FRANK $. CAMPBELL (1880-1964) FRANK W. CAMPBELL (1916-199D Carmel Board of Public Works and Safety One Civic Square Carmel, IN 46032 Dear Board Members: This letter is in response to the questions and concerns that were raised at the March 16, 2004, Board of Public Works meeting regarding certain matters relating to the Carmelfest Committee, Inc.'s request to the City of Carmel for money and use of public property for the July 3, 4, and 5, 2004, Carmelfest festival. More to the point, this letter is a detailed response to the City of Carmel's attorney, Doug Haney's, letter to the Carmel Board of Public Works and Safety, which sets forth specific requests for information regarding the way the Carmelfest Committee, Inc. conducts its business. Specifically, as it relates to political issues, tax issues and personnel matters. Please note that the members of the Carmelfest Committee, Inc. are concerned about the issues raised in Mr. Haney's letter. The sole purpose of the Carmelfest Committee, Inc. is to provide the citizens of Carmel and Clay Township with the best possible festival that has become known as "Carmelfest". As this Board knows, this has been a yew successful, and important event, for the City of Carmel. The Committee thanks the hundreds of volunteers and sponsors that have helped make this such a successful endeavor. Certainly, the Carmelfest Committee, Inc. recognizes and is grateful for the support and Cooperation that has been provided by the various governmental agencies of the City of Carmel and Clay Township. The generosity of the City of Carmel's administration, and Clay Township, is a key factor to the success of this annual event. Consequently, it was disappointing that until March 16 of this year, the members had no knowledge regarding the concerns raised in that letter. If such concerns had been made known to the Carmelfest Committee, Inc., prior to the March 16 meeting of the Board of Public Works, the Committee would have been more than happy to address those issues in a manner that would have been both informative and positive. Nevertheless, the Board of Public Works, as well as the citizens of Carmel and Clay Township, are entitled t© a response to those issues. The follo~ving explanation is an attempt to 656 East Carmel Drive Suite 400 Carmel, Indiana 46032 (317) 846-6514 FAX (317) 843-8097 provide the Board of Public Works with as much information as possible about those concerns. However, if there are further questions, or the need for more documentation, the Carmelfest Committee, Inc. will respond as fully as possible. First, the Carmelfest Committee, Inc. is an Indiana not-for-profit cbrporation and is in good standing. Attached hereto, as Exhibit 1, is a copy of the Indiana Secretary of State's Corporation Division's receipt indicating the payment for filing the Articles of Incorporation as a not-for-profit organization dated April 6, 1994. Exhibit two (2) is a copy of the Certificate of Incorporation of Carmelfest Committee, Inc., which also indicates, pursuant to the laws of Indiana, that it is a non-profit corporation. If there is ever a question as to the status of the Carmelfest Committee, Inc. and its status with the Secretary of State, it can be determined by logging onto the Secretary of State's website (www.sos.in.gov). Although the documents that are referenced above are not certified, please be advised that there is no doubt that Carmelfest Committee, Inc. is in good standing with the Secretary of State. The second issue that was raised in the letter is related to information and documentation of all receipts and expenditures pertaining to or related to the 2002 Carmelfest program. It is difficult to respond to that request because individual accounting was not done for the printed program, or any other element of Carmelfest. Therefore, it is impossible to give the Board of Public Works an accounting for the printed program. However, the Board of Public Works may review the financial documents of the Carmelfest Committee, Inc. if it so desires. Such documents are maintimed by the Committee's treasurer and by the accounting firm, Ent & Imler CPA Group, P.C., which handles the accounting issues of the Carmelfest Committee, Inc. The Board of Public Works should note that the printed program referred to in Mr. Haney's letter is a relatively new activity for the Carmelfest Committee, Inc. For a variety of reasons it was determined by the Carmelfest Board that the development and promotion of the Carmelfest program could be the source of additional revenue for the festival. The main purpose of the program is to provide festival information and exposure for all those who contribute to Carmelfest. The addition of the program was done in the year 2002. In Mr. Haney's letter he raised the issue as to whether Wayne Wilson's political advertisemc~nt in the program was inappropriate because of its political nature and whether it was competitively priced. In response the Board of Public Works should know there were specific asking prices for different sized advertisements for the program in question. However, those prices are subject to modification and discounts for a variety of reasons. For example, a sponsor may make a contribution to a specific event at Carmelfest and as a result, that sponsor may be able to purchase an ad in the program for a reduced rate. For example, if a sponsor paid $7,500 toward the cost of the fireworks display, that sponsor may receive a discounted or a complimentary space in the program. The Committee to elect Wayne Wilson contributed Three Hundred Dollars ($300.00) in sponsorship, inclusive of the 2002 Carmelfest program advertisement. Tiffs was well within the scope of what was reasonable. There was no special deal for Mr. Wilson's advertisc~nent. It should be noted that politicians and political parties have been a part of the Carmelfest activities in the past. The ability to participate is contingent on the appropriate payment of fees. It is the Carmelfest Board's desire that such activities continue since it has been a source of income. However, the Carmelfest Board has adopted a policy that requires uniform charges to be assessed and that the Carmelfest Committee Inc. and Carmelfest Board remain neutral as to any political endorsement or preferences. This has been done to assure the Board of Public Works that this issue will not be of any future concern. The Carmelfest Committee, Inc. assumes that the third issue raised by Mr. Haney's letter is directed to whether or not the Carmelfest Committee Inc. has received its 501(C)(3) IRS designation. It is alleged in the letter that the Carmelfest Committee Inc. may have falsely held itself out to be a 501(C)(3) qualified organization. The members of the Carmelfest Committee Inc. are unaware ofan~ statements made to the donating public indicating that the organization is a 501(C)(3) not-for-profit organization. In fact, when asked that question by prospective donors, at least since 1997, the response has always been that the organization was attempting to obtain such a designation, but that it had not yet been granted by the IRS. The issue as to ~vhether the Carmelfest Committee Inc. had been a qualified 501(C)(3) company has existed for a number of years. Certainly, the City had been made aware of this situation due to its involvement with the Steering Committee that had been in charge of applying to the IRS for that designation. As a result of the Steering Committee's inability to obtain this designation, the president of the Carmetfest Committee Inc., Wayne Wilson, late in 2003, began working directly with Ent & Imler CPA Group to once again make an application for approval of the IRS for the 501(C)(3) designation. Attached to this letter is a copy of correspondence that was sent by Ent & Imler to the IRS on March 4, 2004, which was sent well before the March 16th Board of Public Works Meeting. It is the Carmelfest Committee Inc.'s hope and desire that the IRS will grant this request in the near future. However, the important issue is that the Carmelfest Committee, Inc. has not held itself out to be a 501(C)(3) corporation. If the City has information contrary to this, the Committee would like to have the specifics so corrective action can be taken. In regard to the federal and state income tax filings, please be advised that filings have been made and they are complete through the year 2003. The Board of Public Works members are welcome to review any and all of the returns if requested. The documents are maintained by the accounting firm ofEnt & Imler. Issue number four again refers to the political issues referenced in Mr. Haney's letter. In the past the Carmelfest Board of Directors has not had a policy toward political advertising because such a situation has not been encountered before. However, since this issue was raised by Mr. Haney, the Carmelfest Board of Directors has adopted a policy that is attached hereto reflecting the Carmelfest Board's policy as to their political activities. By the adoption of this policy, many of the concerns that were raised by Mr. Haney in his letter about political activity jeopardizing the ability of the Carmelfest Committee to obtain 501(C)(3) designation and using public monies for promoting political activity becomes moot. In its simplest form, the Carmelfest Committee will not participate in or promote any political activities that in any way will jeopardize its not for profit status. The fmal issue raised in Mr. Haney's letter requests detailed information as to how an individual can become a member of the Carmelfest Committee and the carmelfest non- discrimination policy. Mr. Haney's letter implies that the City has received complaints that certain individuals of a "protected class" have been excluded from becoming voluntary members of the Carmelfest Committee. If the City of Carmel has specific information that discrimination has taken place, the Carmelfest Committee wants to know the details so that it can take appropriate action. To date, the Committee has no knowledge that any discriminatory act has ever occurred. Discrimination has not, and will not, be tolerated by the Carmelfest Board or by _a~y of its volunteers. Again, the Carmelfest Board feels that it is incumbent upon the City to notify them about the details of such complaints so that they can be addressed immediately. The Carmelfest Committee members appreciate the opportunity to respond to the issues raised in Mr. Haney's letter. The Carmelfest Board and its volunteers serve for the benefit of the citizens of the City of Carmel and Clay Township. It is the desire of the Carmelfest Board that its operation be transparent and open for all to see. If the City or anyone else has any concerns or questions about the Carmelfest Board and the way it conducts its business, the members of the Board stand ready to answer such questions. The Cannelfest Board and its volunteers recognize that Carmelfest Festival is an asset that belongs to the public. It is their goal to act responsibly and prudently so that the "festival" will be a part of the City of Carmel and Clay Townshp citizens for years to come. The Carmelfest Board of Directors by unanimous vote wants the Board of Public Works to know that it approves the entirety of this response. Furthermore, Cannelfest Board, by unanimous vote, supports all action, past and present taken by our President, Wayne Wilson. As to this years festival, time is of the essence. April 22, 2004 has'been established by the Carmelfest Board as the date by which they must know whether to proceed with this years festival. It is important that the Board of Public Works inform the Carmelfest Board as to whether the request it has made for money and the use of Public land are approved. If the approval is not granted by the date above, the Carmelfest Board believes that it will not be able to make adjustments to allow the festival to be present this year. Therefore, it is respectfully requested that the Board of Public Works take action on the Carmelfest Committee, Inc.'s request at its earliest convenience. Sincerely, CAMPBELL KYLE PROFFITT LLP Attorney for Carmelfest Committee, Inc. CAMPBI~.I. KYLE PROFF1TT PAID: PAYEE NA",E AiiD ADDRESS qor i~c?, qyers !5.3 3. Ttl. St. ?'o~:!,2z?i!le, !:.~ 4S050 STATE OF INDIANA OFFICE OF TEE SECRETARy OF STATE CERTIFICATE OF INCORPORATION OF CARMELFEST COMMITTEE~ INC. I~ JOSEPH H. HOGSETT, Secretary of State of Indiana, hereby certify that Articles of incorporation of the above corporation have been presented to me at my office accompanied by the fees prescribed by law; that I have found such Articles conform to law; all as prescribed by the provisions of the Indiana Nonprofit Corporation Act of 1991, as amended. -NOW, THEREFORE, I hereby issue to such corporation this Certificate of Incorporation, and further certify that its corporate existence will begin April 06, 1994. In Witness Whereof, I have hereunto set'~y hand and affixed the seal of the State of Indiana, at the City of Indianapolis, this Sixth day of April, 1994 JOSEPH H. ~OGSETT, Secretary of State Deputy WHEREAS, it is the intent of the Carmelfest Committee, Inc. to assure the public that as a public not for profit corporation that it does not, and will not, participate, in the endorsement or promotion of any political activity. THEREFORE, it is now RESOLVED that the Carmelfest Board of Directors will not endorse or promote any political activity. However, such resolution does not prohibit the Carmelfest Committee, Inc. from accepting sponsorship for those that us the festival for political purposes.