HomeMy Public PortalAbout08-12-1993 702:-
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND. INDIANA. AUGUST 12. 1993
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met at 9 a.m. Thursday, August 12,
2 1993, in the Municipal Building in said City. Chairperson Janet Hibner presided with Earnest Jarvis and Dennis
3 Grimes in attendance. The following business was had to-wit:
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5 APPROVAL OF MINUTES OFJULY 29 AND AUGUST 5
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7 The minutes of July 29, 1993 were approved on a motion by Grimes, second by Jarvis and carried by a
8 unanimous voice vote. The minutes of August 5, 1993, were approved after Grimes made corrections to the
9 spelling of Kerlin Bus Sales appearing on lines 9, 14, 19 and 23; in line 14 the amount was corrected to read
10 $47,775 and "due to lack of track seating"was added; and "and responsible,"was added to line123, second by
11 Jarvis and the motion was carried by a unanimous voice vote.
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13 CLAIMS FOR PAYMENT
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15 Claims submitted by the City Controller's office were for$640,538.53 which included payroll and payroll taxes,
16 and $91,382.91 paid out for various supplies and contractual services. Grimes moved to approve the claims,
17 second by Jarvis and the motion was carried by a unanimous voice vote.
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19 REQUESTS
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21 A. Jarvis brought a recommendation from the Planning Commission to the Board that informational
22 signs prohibiting hazardous cargo be posted on Hodgin Road for the protection of the acquifer area in
23 the newly annexed southeast portion of the City. Noting that the area had been checked out by the
24 Traffic Safety Division which had no objections,Jarvis moved to have the signs posted on the east and
25 west ends of Hodgin Road and on the south end of Industrial Parkway which would restrict any type of
26 hazardous cargo being transported on Hodgin Road, second by Grimes and carried by a unanimous
27 voice vote.
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29 B. A curb curt request by Mary Palmer at 1100 West Main Street was approved through a motion by
30 Jarvis,second by Grimes and carried by a unanimous voice vote.
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32 C. Chairperson Hibner read a letter of appeal of a weed bill from William and Patricia Jordan of 7711
33 Hawley Mills Road, New Paris, Ohio, regarding a lot they own between 1100 and 1106'North I Street.
34 She explained that Council had adopted a new weed ordinance-Ordinance No.23 - 1993-at the first
35 of the year which provides for some different procedures than in the past.The new ordinance provides
36 that notices of violation by the Department of Law should be mailed first class mail U.S..Postal Service
37 to the property owners' address shown in the records of the Wayne County treasurer. The ordinance
38 states that one letter within a calendar year should be sufficient notice for each and every parcel of land
39 owned by the offender within the corporation limits of the City. (See copy of letter in the Board of Works
40 file in the City Clerk's office).
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42 Chairperson Hibner explained that the Jordans had received notifications of weed cuttings done by the
43 City, one for$71 mailed July 8 and another for$88 mailed August 4. The Jordans have paid the first
44 one but appealed the second. Chairperson Hibner explained that the ordinance does provide that in the
45 event the property owner disputes a notice of the violation or a bill he or she may file a written appeal
46 with the Board of Works, which is what the Jordans have done in this case. She said the original
47 notification letter had been sent to the Jordans Mays 19 giving them until May 26 to mow the property
48 and when the weed inspector visited the property May 26 it had been mowed. One month later, on
49 June 25,the weed inspector said the weeds needed to be cut again and the City issued a cut order and
50 it was carried out June 28.Chairperson Hibner noted that the City's contractors for mowing,charge$35
51 per hour, which resulted in the $51 charge and in the ordinance it requires the City to charge an
52 additional fee of $20 each time the owner is billed, bringing the total to $71. That bill was paid by the
53 Jordans August 9. On July 29, Chairperson Hibner said,the weed inspector said the weeds needed to
54 be cut and on July 29 a cut order was issued and it was mowed, resulting in a bill of $68 with the
55 additional $20 charge added sent to the Jordans on August 4. Chairperson Hibner pointed out that the
56 Department of Law had followed the ordinance requirements.
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58 Jarvis said he works with the inspectors from time to time and realized what a problem the weeds are.
59 Chairperson Hibner noted that all of the initial letters sent to property owners state in bold type that only
60 one notification letter will be sent. She moved to reject the appeal, second by Jarvis and the motion
61 was carried by a unanimous voice vote.
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Board of Works Minutes Cont'd
August 12, 1993
Page 2 •
1 CONTRACTS
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3 A. Chairperson Hibner noted that in:the initial lease agreement the City has with Carpenter is a
4 provision that requires approval of the Board of Works for any sub lease that is requested. She added
5 that the tenant cannot sub lease without the Board's approval. She said Carpenter is exercising its
6 option to lease an additional 50,000 square feet to another group which will increase the monthly rent
7 from $8,333.33 to $10,416.67 payable to the City. By approving this request the City will be deriving
8 approximately$2,000 more per month in revenue. She said Carpenter is wanting to sub lease space to
9 Productivity Corp. for 50 cents per squre foot, adding that the legal expenses for establishing this sub
10 lease are going to be paid by Productivity Corp. Alan Rosar, a principal stockholder, is personally
11 guranteeing the sub lease. Chairperson Hibner moved to approve the request to sign the agreement
12 when it is actually received by the Board, second by Grimes and the motion was carried by a
13 unanimous voice vote.
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15 OTHER MATTERS
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17 A. Fire Department Personnel Changes
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19 1.A notice of two retirements from the Richmond Fire Department of L.V. Baker and Marshall Kern,
20 both with 24 years of service, was read by Jarvis. He also noted the promotion made by Fire Chief
21 Sticco of James Fessler to battalion chief of B shift. He will serve a probationary period of 6 months
22 before permanent assignment. Chief Sticco expressed his appreciation to both Baker and Kern for their
23 dedicated service through the years, noting that he hated to lose that quality of people. He said Fessler,
24 who is a 19-year veteran of the Fire Department, has had experience in the fire car filling in when
25 needed the past three years. He also has the educational requirements and is cooperative with Fire
26 administration. Sticco asked that the Board approve the selection of Fessler.Jarvis so moved,second
27 by Grimes and the motion was carried by a unanimous voice vote.
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29 B.Cable TV issues
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31 2. Chairperson Hibner brought before the Board four issues concerning Cable TV. She recalled
32 that public hearings were held in April during which there was a discussion on a 10 percent late fee by
33 TCI in regard to the initial payment made in January 1993. She also noted that a second issue was
34 raised as to whether or not the 5 percent franchise fee should be a reduction of the basic fee or as it is.
35 And, she read the resolution adopting rules for the Telecommunications Council, noting that she had
36 received a letter from Paul Miller, chairperson of the Telecommunications Council. (The letter in its
37 entirety is on file in the City Clerk's office).
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39 In the discussion of the 10 percent late fee, Grimes said after receiving a request from the
40 Telecommunications Council to look at the contract to see if TCI was bound by the late fee requirement
41 the Board sought a legal opinion. Based upon that finding that the letter was outside the agreement and
42 there was no binding language to force TCI to make.the $50,000 payment,Grimes moved to disregard
43 the late fee, second by Jarvis and the motion was carried by a unanimous voice vote.
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45 In regard to the 5 percent franchise fee and how it is to be assessed,Jarvis said it was his opinion,after
46 reading the franchise agreement,that TCI is to pay 5 percent of its gross revenues but when he reads
47 the bills it is clear that TCI is charging its subscribers a 5 percent fee on top of their cable fee. In other
48 words, he said, TCI isn't paying anything but the subscribers are paying the 5 percent fee to the City.
49 Jarvis added that he would like to see the finding of Adrian Herbst,referred to in the letter received from
50 Miller, in writing. Grimes agreed and Chairperson Hibner added that all three of the Board members
51 had read the franchise agreement in regard to gross revenues as to how the calculation is actually
52 supposed to be figured and can find no specific reference to franchise fees themselves.She added that
53 there is a grey area in the contract as to the actual intent.Chairperson Hibner moved to send a letter to
54 the Telecommunications Council asking for a written document.from. Herbst, second by Jarvis and
55 carried by a unanimous voice vote. Chairperson Hibner asked the City Clerk, Norma Canes,to draft a
56 letter from the Board requesting the written document from Herbst and also advising the
57 Telecommunications Council that the Board finds the 10 percent late fee is not applicable nor
58 assessable.
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60 Chairperson Hibner read Resolution No. 5 - 1993 which establishes rules for the Telecommunications
61 Council, asking the Board's consideration. Noting agreement-of the other two members, Chairperson
62 Hibner moved the resolution be adopted, second by Jarvis and the motion was carried by a unanimous
63 voice vote.
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Board of Works Minutes Cont'd
August 12, 1993
Page 3
1 PUBLIC COMMENTS
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3 A. Captain Danny McClure of the Traffic Safety Division passed along his congratulations to the
4 Richmond High School band for its eighth place finish at the marching band contest at the Indiana State
5 Fair. He also advised motorists that school will be starting soon and drivers should exercise caution
6 while operating their vehicles on the City streets. He added that an extensive seat belt program will be
7 conducted over the next month and officers will be enforcing the state law writing tickets for seat belt
8 violations.
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10 B. Chairperson Hibner reported that she had received an inquiry from Contractors United Inc. about a
11 noise permit for night construction work on 1-70 and U.S.40 on the east side of the City. She said they
12 plan to work all night from August 24 to September 15 and from October 5 through October 22 in order
13 not to disrupt traffic and finish their part of a project. In researching, she said, she found that the work
14 will be done under the overpass outside the City limits which means no permission from the Board is
15 required.
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17 C. Jarvis commented on the Whitewater Gorge area south of the dam which has been the subject of
18 some negative publicity in the newspaper and on the radio. He noted that a year ago, following the
19 drowning in that area of a young man, it was discovered that a great portion of the dam was washed
20 out, creating a whirlpool effect. He said the City engineer was called in and verbal permission was
21 received from the state to place pieces of concrete taken off the Ninth Street bridge which was being
22 worked on at the time in the dam area to break up the whirlpool effect. Also, Jarvis said, when part of
23 Sim Hodgin Parkway was washed away due to a break in the storm sewer, Bill Smith, Street Division
24 Manager, obtained pieces of concrete and stones and has been trying to maintain the bank and hold
25 the river off. He added that if that hadn't been done the City would have ultimately lost Sim Hodgin
26 Parkway. In talking with fishermen in the area,Jarvis said it was learned that the river bed has moved
27 40 to 60 feet west of where it should be.
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29 ADJOURNMENT
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31 There being no further business, on a motion duly made seconded and passed and carried on a unanimous
32 voice vote,the meeting was adjourned.
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39 Janet Hibner, Chairperson
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46 ATTEST:
47 Norma Carnes,Clerk
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