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HomeMy Public PortalAbout12-16-1999 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND,INDIANA, DECEMBER 16,1999 The Board of Public Works and Safety of the City of Richmond,Indiana,met at 5 p.m.Thursday, December 16, 1999,in the Community Room in the Municipal Building. Chairperson Bob Goodwin presided,with Robin Henry,Bruce Metzger and Assistant City Attorney Steve Rabe in attendance.The following business was conducted: APPROVAL OF THE MINUTES No minutes were available. CLAIMS FOR PAYMENT There were no claims available. REQUESTS A. Captain Melody Truitt brought before the Board a request made by the Millennium Committee to close a portion of East Main Street on December 31, 1999 from 11:30 a.m.to 1 p.m. for a Millennium Celebration.She said this would include the entire 1000 block,with the barricades going up shortly before 11:30 a.m. She said the only thing pending is knowing whether the affected businesses would have no objections when contacted.If that is done and there are no problems,then, she said she would recommend approval.Metzger moved to approve the request subject to satisfactory arrangements being made with the businesses, second by Henry and the motion was carried on a unanimous voice vote. B. A request for a reserved handicapped parking space made by Walter Atwell Jr. at 334 South 9th Street was brought before the Board by Captain Truitt.She explained that the original request was received in October and when the residence was visited it was found that Atwell had both a garage and a carport on the property.She said an explanation was requested as to why he was unable to use the off-street parking and he explained that the garage is about 60 to 70 feet from his home and the front is only about 15 to 20 feet. She said they asked for a letter from his physician,which is Dr.Ira Means,regarding his respiratory condition which does not allow him much distance mobility.After receiving that letter,she said,it was decided to recommend approval for the parking space.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. C. Alluding to a letter written by Police Chief Bill Shake,Captain Truitt said it was in regard to asking for approval from the Board for a two-year contract with Centennial Wireless for cellular telephone service for 12 telephones starting in January of 2000.The cost breakdown, she said,is$292.50 per phone,per year,for a total of$3,510 for regular service.Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. D. Fire Chief Mike Allen stated that based upon the evaluations and recommendations of their Battalion Chief,Training Chief and Lieutenant,he is recommending that Probationary firefighters Andrew Roberts and Gregg Moore be removed from probationary status to Firefighter No. 1 Class status.He asked that this be effective as of December 9, 1999.Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd December 16, 1999 Page 2 E. City Engineer Bob Wiwi asked the Board to accept the infrastructure of Wynfield Subdivision,Section Two into the City.He explained that he and Chairperson Goodwin,who is the Planning Director,had reviewed the infrastructure and found that it meets the City's specifications.He said the work had been completed for a number of years,and through doing an update of all the dedicated streets in the city,it was found that these particular streets had never been accepted into the City system.He explained that this had come about because of the death of the primary developer,Frank Otto,thus,there was a lapse in time and the request was never made to the City.Metzger moved to accept the infrastructure,second by Henry and the motion was carried on a unanimous voice vote. BID OPENINGS A. Bids received for the fuel contract for the City for the year 2000 were made by Harvestland Coop Inc. and Warfield Oil with both including various grades of gasoline,diesel and fuel oil. Chairperson Goodwin said the bids would be reviewed and possibly awarded at a later date. CHANGE ORDER NO.8 A. Wiwi explained that the change order was for Industries Road,stating that the project had been completed.However,he said,it is standard practice on projects of this scope that the City deals with the state that any increase or decrease of a bid item that is over$5,000 is a part of a final change order.He said the final quantities have been computed by SIECO,the consulting firm from Columbus.This change order,he said,reflects a net decrease of the project cost of$91,063.56 which lowers the price for the project by that amount.He said they foresee that the final cost will be very near the original projected construction cost which,he said,is good news for him as well as the City.Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. LAWSUIT SETTLEMENT PROPOSAL A. City Attorney Bob Bever read a letter addressed to the Board asking for approval of the Board to settle a lawsuit concerning John Murray vs.the City of Richmond and the Richmond Police Department. Giving some background in the case,Bever said in 1992 the police department secured a"voluntary"forfeiture of a vehicle allegedly used in conjunction with a drug offense from the named owner of the vehicle,John Murray. (The letter,in its entirety is on file in the City Clerk's office). What followed,according to Bever,was storage charges imposed by Stamper's Wrecker Service in the amount of$2,900 while the owner was in prison. After being contacted by the attorney for the owner who was released from prison this year,Bever said the title had been transferred to Stamper's to satisfy the storage lien and return of the car became impossible since it was no longer owned by the City.As a result,he said,the lawsuit was commenced for damages. Bever said through negotiations with the City's insurance carrier it was agreed that he would handle the defense and that the insurance company would contribute$6,000 to any settlement of the claim.After further negotiations with the plaintiff's counsel,Bever said,they agreed to accept$10,100 as complete settlement of the claim.He said the additional$4,100 is coming from some unused portion of the"litigation"expense within the law department budget for 1999 and the balance is from other unused funds from the 1999 budget.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd December 16, 1999 Page 3 SALE OF PROPERTY A. Bever stated that at its October 14, 1999 meeting this Board passed Resolution No.2—1999 regarding the sale of the property at North 8th and C Street which had been appraised at $4,000.He said that Tice Softwater Inc.,an adjoining property owner,had shown some interest but the Board determined it to be best and proper to solicit bids for the property. Notices,he said,were placed in the Palladium-Item and other property owners had been sent notices,and the only bid received was from Tice Softwater Inc. was for$4,000.Based upon that,and that someone else would take over the maintenance and paying taxes on this property and getting it back on the tax role,he said it was the recommendation of the administration to accept that bid according to the terms set out in the Board's resolution. Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. Bever said in 1994 when the city began the process of expanding South 37th Street off of Elks County Club Road that was done through a voluntary transfer of property rights from the heirs from the Graf family.He said the City used that property for the extension of South 37th Street as well as adding some to South A Street,going east from South 37th Street.At that time,he said,when they deeded the strip of the property to use for the street,they also deeded the City property for a proposed South A Street going west from South 37th Street tying in to 34`s and then on down to 32°d Street,going behind the Wal-Mart store. Bever said they granted the City that entire deed with the understanding that the City had to build the streets on it before November 1, 1999.The extension of South 37th Street and South A Street going east had been done,he said,but not the construction of South A Street going west.He said there was a reversionary interest in the deed that said to the extent that any of the ground had not been improved with a street by that November 1, 1999 date,then the property would revert to the Graf heirs. He said that has now occurred and the reverse has taken place but for title purposes the Graf heirs just wanted a quick claim deed from the City indicating they are releasing their interest because of what the City was required to do in the warranty deed.Therefore,he said,he was going to have Chairperson Goodwin sign that quick claim deed.Needless to say,Bever continued,the City did not have funds and that is why it could not go forward because of all the other projects being done. RESOLUTION NO. 3—1999 A. Assistant City Attorney Steve Rabe said Indiana State Code requires that Council set,by ordinance,the compensation of all police officers and firefighters,and further provides that if Council fails to do this that responsibility falls to this Board.At this point,he said,because the City is still in negotiations with the police and fire,the Council has not passed an ordinance because at this point the City does not have a contract. He said this resolution would fix the salaries of the police officers and firefighters for the year 2000 at this point at what they currently are,under the current contracts.He said the negotiations are continuing,but in the meantime,this would formally set the salaries for next year at their current rates until such time as the new contract is negotiated.Henry moved to approve,second by Metzger and the motion was carried on a unanimous voice vote. Board of Works Minutes Cont'd December 16, 1999 Page 4 AGREEMENT A. Rabe stated that the YWCA had inquired about obtaining the former Workforce Development office at 15 South 11`h Street before the new office had been built.He said the state is no longer using that building,however,because of the way the Indiana Code is written,the state can not directly give that building to the YWCA.But,he said,they can give it to the City, which,in turn can sell it to the YWCA for$1.He added that because the YW is a 501C3 non- profit organization in Indiana the City has the ability to forego the usual statutory process of selling property at appraised value and can merely sell it for whatever compensation it is deemed fit. He said he had supplied the Board with copies of the contract for the sale of real estate,which would sell the former Workforce building to the YW for$1.He added that the YW intends to use the building for purposes and activities within their scope of services.He said the contract is conditional upon two things which include the City acquiring title from the state and Council approving this in the form of accepting that title,thus the donation ordinance going before Council. Metzger questioned the content of Paragraph No.5.He said it stated that there would be some language in the deed,that the property would be used primarily for social service,charitable or benevolent work.He asked if that condition is not satisfied then would the property revert back to the City or the State?Rabe said the language in the deed conveyed to the YW,states that if it is ceased to be used for social service,charitable or benevolent work,it would revert to the state rather than the City'since it is their building to begin with.Metzger moved to approve,second by Henry and the motion was carried on a unanimous voice vote. ADJOURNMENT There being no further business,on a motion duly made,seconded and passed,and carried on a unanimous voice vote,the meeting was adjourned. Robert Goodwin,Chairperson ATTEST: Norma Schroeder,Clerk