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HomeMy Public PortalAbout05-16-01996 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND. INDIANA, MAY 16. 1996 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 5 p.m.Thursday, May 16, 1996, 2 in the Municipal Building in said City. President Robert Goodwin presided with Robin Henry, Bruce Metzger and 3 City Attorney Bob Bever in attendance. The following business was had to-wit: 4 5 APPROVAL OF MINUTES OF MAY 9.1996 6 7 The minutes of the May 9, 1996 meeting were approved on a motion by Henry, second by Metzger and was 8 carried on a unanimous voice vote. 9 10 CLAIMS FOR PAYMENT 11 12 Claims for payment submitted by the City Controller's office were read by Henry who noted they were for 13 $72,707.33 and moved to approve the claims, second by Metzger and the motion was carried on a unanimous 14 voice vote. 15 16 OPENING OF BIDS 17 18 President Goodwin announced the bids for the painting at McBride Stadium had been received in the 19 Purchasing Department by the 9 a.m. deadline and after being opened at this meeting would be_given to the 20 engineers who would confer with Purchasing Manager Vicki Stevens. He added that after reviewing the bids the 21 engineers would return to the Board meeting with their recommendation. Bids received included those from 22 Wiggans Painting Co.for$10,410;Charles Robbins for$19,900; and Russell Painting Co.for$15,680. Metzger 23 moved to refer the bids to engineering,second by Henry and the motion was carried on a unanimous voice vote. 24 ' 25 REQUESTS 26 27 A. Captain John Farmer of the Traffic Safety Division brought three requests for handicapped parking 28 spaces before the Board. Metzger moved to approve the request made by Jesse Michaels on South 29 10th Street, second by Henry and the motion was carried on a unanimous voice vote. Henry moved to 30 approve the request made by Eva J. Farley on South 13th Street, second by Metzger and the motion 31 was carried on a unanimous voice vote. Metzger moved to approve the request made by Paul C. 32 Feldhaus on South 8th Street, second by Henry and the motion was carried on a unanimous voice 33 vote. 34 35 B. Fire Chief Mike Allen asked for the Board's approval of the promotion of Jeffrey Lee Kinder from 36 Probationary Firefighter to Firefighter First Class. Henry so moved, second by Metzger and the motion 37 was carried on a unanimous voice vote. 38 39 C. President Goodwin read a letter from Tony Banks requesting a noise permit for the Ministerial 40 Alliance of Christ Tabernacle Church street/tent meeting revival on the grounds of the Norwood 41 Apartment complex at North 16th Street. He noted it is a five-day event beginning Monday, May 20 and 42 ending Friday, May 24 with each service beginning at 7 p.m. and ending at 9 p.m. Captain Farmer said 43 the Traffic Safety Division had reviewed the request and recommended approval. Henry so moved, 44 second by Metzger and the motion was carried on a unanimous voice vote. 45 46 D. President Goodwin read another request for a noise permit and asked Captain Farmer to explain. 47 He noted the request is for the Tri Parish Community for the Seton Fest on the school grounds at South 48 West 8th Street. He said they are requesting the closing of a portion of South West 8th from 4 p.m. 49 Wednesday,June 12,through 11 p.m. Saturday,June 15. He said the request is for the closure of half 50 a block for the food vendors. Captain Farmer said he had spoken with the three residents whose 51 property would be involved and they had no objections. Therefore, he recommended the closing of the 52 south half of South West 8th Street from the alley to South West A. He noted that he probably would be 53 back next week with a request for a noise variance. Metzger moved to approve the request,second by 54 Henry and the motion was carried on a unanimous voice vote. 55 56 E. Three representatives from the newly formed Telecommunications Council, which included Mary 57 Ellen Donat, Bill Foston and Eugene Greene, appeared before the Board to voice their concerns. Donat 58 noted that those concerns include the rate increase, lack of programming of local interest specifically 59 mentioning Channel 23, unfulfilled TCI promises,TCI's interpretation of the City's median income, lack 60 of entertainment programming while subscribers pay for basic.channel to broadcast advertisements 61 which include TCI's Pay-For-View and shortness of the remaining time in which it has to determine the 62 appropriateness of the rate increase. She noted that TCI had filed for the rate increase March 1 and 63 this Council, which only had its first meeting a week ago had been unable to study it and added that if 64 no action is taken the rate increase will go into effect. 65 Board of Works Minutes Cont'd . May 16, 1996 Page 2 1 She said the Telecommunications Council members voted to request the Board hire a consultant to 2 review the TCI filing for a rate increase to see if it is within the FCC guidelines. She said should the 3 Board agree to investigate,the Council will hold a special meeting at 7 p.m. May 23. 4 5 Metzger said, if he read the newspaper article correctly, if the appeal is filed before June 1, the rate 6 increase doesn't necessairy go into effect right away but if it is determined the increase is valid it is 7 retroactive. He added that if the appeal is not filed by June 1 but afterwards,then it would not go back 8 to June 1. Donat said TCI may come back and retroactively increase and also has the option of 9 charging 11 percent interest. She also noted that she and the other two representatives here today are 10 concerned about the different interpretation of the median income. 11 12 City Attorney Bob Bever said if a complaint is filed, a stay is put on the rate increase, then added that 13 the reason a consultant is necessary is that the filing language is very technical. He stated that in order 14 to appeal the increase the Council would have to show that it is not justified and state other grounds 15 that would allow the FCC to say that this is not within its guidelines of an allowed increase. Bever said 16 he would check with Moss & Barnett, specialists on cable matters, as well as Indiana Association of 17 Cities & Towns, and ask about charges. He added that if filings by TCI comply with everything there is 18 nothing that can be done about the rate increase. 19 20 Bever said the first step is what the Telecommunications Council is talking about, just to look at it and 21 see if all the specifics for filing are there. Metzger asked if there is a budget for this Council and Bever 22 answered that there is not, adding that the money would probably have to come out of the litigation 23 portion of the Department of Law budget which would be something the City would offer. He noted that 24 in the ordinance it states that for the Council to spend any money it needs to have the approval of the 25 Common Council and the Mayor. 26 27 Foston said the reason they are here is the Council members thought it was an opportunity to throw up 28 a red flag to make sure all is in order. He added that he realizes TCI is a business that makes money 29 and he does not want to stand in the way of making that happen, however, he.wants to take a look at 30 things such as the median income and wants to know if the Board wants to vigorously look at this. 31 - 32 Bever said he would talk with the firm that was used before, when the franchise agreement was drawn 33 up, and have them look at this request for asate increase and find out what the anticipated cost would 34 be to look into it. Bever noted that there was a challenge to the last rate increase by TCI and the result 35 was a one time$1.93 refund to every customer in the Richmond franchise area. Metzger said a cap on 36 charges made by consultants is needed... . - 37 38 Donat stated that she had asked Rich Cody, manager of TCI, to provide information about how the 39 increase is justified by this filing, thinking it might be possible for him to give the Council the cost of 40 doing something like that. He answered that his rate office might be able to do that. She said it was her 41 thought that if TCI could provide the information it would save the time of the consultant. She stated that 42 the tentative meeting date of May 23 would-be changed to a firm date and the meeting would be at 7 43 p.m. in the Board of Works room. Bever said Cody had pointed out that the income from that 44 advertisement mentioned by the Council representatives is still part of the income they pay 5 percent 45 gross to the City. Donat said that is why,she asked Cody for a detailed statement of his payment to the 46 City to see just how much revenue the City is seeing from those two channels mentioned. 47 48 Goodwin read a letter from Cody explaining his stand on the situation and where TCI stood. Donat said 49 the letter states that 11.25 percent interest will be charged and asked if that wasn't an option, and 50 asked if TCI has the option to waive that. Cody said it did not, but Donat said she believed it is an 51 option. Cody stepped forward, stating that any questions for him need to be put in writing so he can 52 forward them to the company to get correct answers. 53 54 Metzger moved to direct Bever to contact possible consultants to see what the cost would be and bring 55 that figure back to the Board,second by Henry and the motion was carried on a unanimous voice vote. 56 . 57 F. Captain Farmer brought a request before the Board asking approval of the route for the annual 58 Optimist Little League parade at 9 a.m. Saturday,'noting that he recommended approval and that it 59 requires minimal manpower from the Richmond Police Department. He said it will follow the same route 60 as in the past, going from Dennis Middle School to the ball park on North West 13th Street. Mike Henry, 61 president of the Optimist Club,.added a few words to the request. Henry moved to approve the request, 62 second by Metzger and the motion was carried on a unanimous voice vote. 63 . 64 65 Board of Works Minutes Cont'd May 16, 1996 Page 3 1 CONTRACTS 2 3 A. Dave Ferreira, assistant city engineer, brought the bids for the painting of McBride Stadium back 4 before the Board reporting that he and Purchasing Manager Vicki Stevens had reviewed them and 5 agreed to award the bid to Russell Painting Co.for its base bid of$9,006 noting that it was the lowest 6 responsive and responsible bidder and qualified to do the work. Metzger moved to approve the 7 recommendation,second by Henry and the motion was carried on a unanimous voice vote. 8 9 B. President Goodwin read a request from Ron Christopher of Christopher Auto Repair to be included 10 in the towing rotation for the City and after Bever said he had reviewed the request and found it in 11 order, Metzger moved to approve, second by Henry and the motion was carried on a unanimous voice 12 vote. 13 14 C. Henry read the recommendation from Purchasing Manager Vicki Stevens on the mowing contract for 15 the City. She noted that Dreamscapes's bid was for$35 an hour and Faulkenberg's was$40. However, 16 she recommended the contract be awarded to Faulkenberg as the lowest most responsible, responsive 17 bidder. In answer to a question by Metzger, Bever said it should be noted in the minutes that in the bid 18 by Dreamscapes, certain specifications were not met including the available equipment. He said the 19 City was justified in not following the lowest bid. Metzger moved to award the bid to Faulkenberg noting 20 that the minutes should reflect the finding that he is the lowest responsive bidder because 21 Dreamscapes did not submit a financial statement and state the length of time they had been in 22 business as well as the lack of available equipment, second by Henry and the motion was carried on a 23 unanimous voice vote. 24 25 D. Henry read the awarding of the bids on bituminous materials noting that the bid for concrete with and 26 without fiber delivered Class A and Class B was awarded to Richmond Concrete with Stonehenge as 27 the alternate supplier; Section 4, No. 1, No. 2, No. 5, No. 8, No. 9, No. 11, No. 12, No. 53 and No. 73 28 stone to Barrett Paving with American Aggregate as the alternate; Limestone screening, rip wrap and 29 flagstone to Barrett Paving; No. 12 and No. 73 gravel to Stonehenge and No. 53 to Stonehenge with 30 American Aggregate as the alternate supplier;Washed gravel No. 8, No. 9, NO.53 and No.73 and pea 31 fill gravel to Stonehenge and American Aggregate as the alternate; Sand, No. 23 and No. 24 to 32 American Aggregate and Stonehenge as the alternate; Asphalt to Ashland Oil; Coat aggregate BCA 33 No. 5 base hot asphalt No. 11 surface hot asphalt to Milestone Contractors. Bever said Stevens 34 explained to him the gravel and sand bids by American Aggregates and Stonehenge and noted that to 35 be fair to both, the bid for gravel was awarded to Stonehenge and the bid for sand to American 36 Aggregates. (The entire contract is on file in the City Controller's office). Henry moved to approve the 37 recommendations of the Purchasing Department for awarding the contract through May 16, 1997, 38 second by Metzger and the motion was carried on a unanimous voice vote. 39 40 ADJOURNMENT 41 42 There being no further business, on a motion duly made seconded and passed and carried on a unanimous 43 voice vote,the meeting was adjourned. 44 45 46 47 48 49 50 Robert Goodwin, President 51 52 53 54 55 56 ATTEST: 57 Norma Schoeder,City Clerk 58 59 60 61 62 63 64 65