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HomeMy Public PortalAbout06-20-1985 )3`1 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, JUNE 20, 1985 1 The Board of Public Works & Safety of the City of Richmond, Indiana met in regular _ <'2 session June 20, 1985 at the hour of 9:00 a.m. in the Municipal Building in said III3 City. Ms. Maness presided with Mr. Brown and Ms. Silberstein in attendance. The 4 following business was had to-wit: 5 6 PUBLIC HEARING ON SALE OF PROPERTY AT SOUTH Q AND 9TH STREETS 7 8 Ms. Maness asked the City Attorney to assist in conducting the hearing. 9 10 Mr. Barden presented proof of publication for the public hearing. Ms. Silberstein 11 moved to accept and file proof -of publication , seconded by Mr. Brown and on a 12 unanimous voice vote the motion was carried. 13 14 Mr. Barden referred to I.C. 36-1-11-5 which is the State Statute governing the sale 15 of this property. Mr. Barden stated that the adjoining land owner was the only one 16 to show interest in purchasing the property and they have presented proof of non- 17 profit status which would under I.C. 36-1-11-1(B)(7) exempt them from most of the 18 Statute governing the disposal of property. Mr. Barden stated four (4) points need 19 to be determined in disposing of this porperty. Those being: (1) Highest and best 20 use of the land, (2) Cost to the public to maintain the land, (3) If it is econom- 21 ically unjust to proceed under the regular provisions of the Statute, (4) A finding 22 that purchaser is a not-for-profit organization. Mr. Baden stated that Trinity 23 Broadcasting has presented proof on not-for-profit status. 24 25 Ms. Silberstein sta:ted_that-_the, firstoitem:was covered=.under.anyappraisal:done=i6,.May? 26 by Matt Napote stating that the highest and-best use: of the: land was:.for an- adjoining I27 land owner to-use-for-material storage. ,Under the second point, Ms. Maness stated 28 that no income is generated from this property, so the cost to maintain it would be 29 unjustified. Under the third point Ms. Maness stated that it would cost too much to 30 follow all the steps the State law requires for the amount of money to be realised - 31 from the land. The fourth point has been prcvenu. by Trinity Broadcasting in that they 32 are a not-for-profit organization. Ms. Maness asked if there was anyone to speak in 33 favor of the sale of this property to the adjoining land owner. 34 35 Mr. James Puckett, Attorney for Trinity Broadcasting Corp. , who owns the adjoining 36 property, stated that the sale of this property to Trinity Broadcasting would benefit 37 that organization as being a buffer zone for future land purchase. Mr. Puckett stated 38 he feels that all the criteria has been met by City to proceed with the sale of this 39 property to Trinity. 40 41 No one spoke in opposition to the sale of this property. 42 43 Ms. Silberstein moved to find the lot in question located in the1700 block of So. 44 9th St. , that the highest and best use of this land would be sale to an adjoining 45 owner , that the cost to the public to maintain the property exceeds the fair market 46 value, it is economically unjustifiable to proceed under other statutes regarding 47 the sale of real property. Mr. Brown seconded the motion and on a unanimous voice 48 vote the motion was carried. 49 50 Ms. Silberstein moved to delegate to the City Attorney, city Purchasing Agent ,. 51 herself as a member of the Board and to the Mayor the authority to negotiate a price III52 and-to report back to this Board. Mr. Brown seconded the motion and on a unanimous 53 voice vote the motion was carried: 54 55 Request from Department of Public Works 56 57 Ms. Maness stated that at the request of the City Attorney she would advance this 58 item on the agenda. 59 60 Public Improiement contract with Kemper 61 62 Mr. Barden stated that a contract has been entered into with Kemper Co. to have 63 improvements made to improve their drainage problems. Kemper is willing to reimburse 64 the City for improvements made in consideration for the City doing the work and 65 providing materials. Mr. Barden stated that Mr. Willis has reached an agreement with Board of Public Works & Safety Alinutes Cont'd ` June 20, 1985 Page 2 1 Kemper officials as to the amount they are willing to pay for this project. It was noted 2 that the sum reached was to be $6,000. which is ample to cover supplies, materials and 3 labor. Mr. Barden presented this contract to the Board for its approval. Mr. Barden also 4 stated that State Statute allows 5 years for a payback on contracts of this nature and 5 that Kemper is making a payback upon completion of the project. 6 7 Rita Stout stated that this is being done in conjunction with the No. N St. improvements 8 and should be done during a period of time that Kemper Co. is closed down for 2 weeks. 9 10 Ms. Silberstein noted that the payment upon completion needed to be added to the 11 contract. This was added iriediatly after the $6,000 figure and initialed by the Board 12 members. It was noted that Kemper officials also needed to initial the change in the 13 contract. 14 15 Ms. Silberstein moved to adopt and execute a contract between the City of Richmond and 16 Kemper Cabinets for the construction of drainage as indicated in the contract. Mr. Brown 17 seconded the motion and upon a unanimous voice vote the motion was carried. 18 19 Approval of June 13, 1985 Minutes 20 21 Ms. Silberstein moved to accept the minutes of the previous meeting, seconded by Mr. 22 Brown and on a unanimous voice vote the motion was carried. 23 24 Approval of Claims for Payment 25 26 Mr. Brown moved to approve claims in the amount of $486,796.38 for payment, seconded by 27 Ms. Silberstein and on a unanimous voice vote the motion was carried. 28 29 DEPARTMENT REQUESTS AND COMMENTS 30 31 Department of Weights and Measures 32 33 Ms. Maness presented a report for the Months of April and May from the Department. 34 Mr. Brown moved to accept and file the report, seconded by Ms. Silberstein and on a 35 unanimous voice vote the motion was carried. 36 37 Fire Department Monthly Report for May, 1985 38 39 Ms. Maness presented the monthly report for May, 1985. 40 Ms. Silberstein moved to accept and file the report, seconded by Mr. Brown and on a 41 unanimous voice vote the motion was carried. 42 -'43 Request to dispose of useless equipment and property 44 45 Don Atkins, Asst.Fire Chief stated that there is a hazardous situation with 46 the equipment and building formerly used in fire training on Sim Hodgin Parkway. 47 He stated that approval has been given by the Air Pollution Control Board of 48 Indiana to burn the structure. A variance was given by that board until August 49 1, 1985 to accomplish this. 50 51 Atkins also stated they would like to have the tanker that is on the property 52 disposed of. Be has spoken to the Street Dept. who agreed to haul it to the scrap 53 yard. It was noted that this tanker was rusted out and of no use to the Fire 54 Department. Atkins wishes to have this tanker and building declared as surplus 55 property, hoping to use the building burning as a training session for new 56 Firefighters. 57 58 Ms. Maness stated that in the disposal of surplus property or equipment a determination 59 needs to be made that the value of the equipment or property is less than $500. 60 She stated that this tanker and building has a value of far less than $500. 61 62 Ms. Silberstein moved to find that the structure and tanker located at the fire 63 training grounds on Sim Hodgin Parkway has a value of less than $500. , seconded 64 by Mr. Brown and on a unanimous voice vote the motion was carried. 65 Ms. Maness once again noted that approval has been obtained from the Air Pollution Control Board for burning of this structure. Board of Works minutes Cont's i3 June 20, 1985 Page 3 1 Public Requests and Comments 2 3 Ms. Maness presented a request to close the 700 block of No. llth St. for a block 4 party. No one was present to speak for the request. The request stated a time for 5 the party to be till 2 a.m. on the 5th of July, 1985. 6 7 Ms.. Silberstein moved to approve the request to block off No. llth St. between N. 8 "G" and "H" for the purpose of a block party and family reunion on July 5, 1985 9 between the hours of 8:00 p.m. and 12 midnight. Mr. Brown seconded the motion and 10 on a unanimous voice vote the motion was carried. 11 12 Officer Jenkins requested that a contact person with a phone number be given to 13 the Police Department in case of any problems with the party. He stated that 14 there needs to be a responsible party to accept responsibility. 15 16 Request from Jerry Aldermann on Police Cars 17 18 Rita Stout presented a request from Jerry Alderman for an exemption certificate. 19 Ms. Stout ask the Board to give her the authority to sign this exemption certifciate, 20 as purchasing Director. It was noted that this makes the city exempt from the gas 21 guzzler tax or luxury tax for the Police Cars purchased. 22 23 Ms. Silberstein moved to authorize the City Purchasing Director to execute the exemption 24 from the gas guzzler tax in connection with the purchase of Police vehicles from 25 Jerry Alderman Ford. Mr. Brown seconded the motion and on a unanimous voice vote the 26 motion was carried. 27 28 Telecommunications 29 30 Ms. Maness read a letter she is sending to Telecommunications in Colorado concerning 31 the City's position on the default clam. She noted that copies will be given to the 32 press and sent to Mr. Cody at the local Cable office. The letter read as follows: 33 34 June 20, 1985 35 36 John M. Draper 37 Vice-President and General Counsel 38 Tele-Communications, Inc. 39 54 Denver Technological Center 40 Call Box 22595 41 Wellshire Station 42 Denver, colorado 80222 43 44 RE: CLEARVIEW CABLE TV ISSUES 45 46 Dear Mr. Draper, 47 • 48 In response to your letter of June 7, 1985, the City of Richmond would like to 49 update you on the City's position with regard to Clearveiw Cable's franchise with 50 the City and the pending Notice of Default. 51 52 First, and without regard tothe motivation for accomplishing it, the City would like `-53 to extend its appreciation to Clearview Cable for the work that has be accomplished III54 in the recent retrofit and upgrade of the system. The City hopes that, indeed,the 55 work done will alleviate most, if not all, of the technical problems heretofore 56 experienced by subscribers covered by our franchise, as well as providing additional 57 marketing opportunities for Clearview. 58 59 With regard to the Noticeof Default first served upon Clearview on Jnauary 17, 1985, 60 and further clarifies March 5, 1985, the City is not as yet willing to consider the 61 covenants it considers defaulted to be satisfactorily cured, as elaborated below: 62 63 l.Service Disruption/Picture Quality/Channel Capacity 64 65 The City is now in the process of engaging an independent engineer to evaluate technical Board of Works Minutes Cont'd June 20, 1985 \� Page 4 1 data supplied by Clearview Cable and to conduct an independent technical survey to verify ' 2 channel availability and that industry staidairds and technical requirements are being met. •- 3 In that the completion of the rebuild work has ben quite recent, the City also reserves the 4 right to monitor service disruption performance and complaints for a period of time before 5 considering this default item cured. 6 7 2. Telephone Answering Service 8 ` 9 As stated in .your letter, action on this item is awaiting the results of a study being 10 conducted by GTE, and therefore cannot be considered cured at this time the the City. 11 Additionally, and with regard to system maintenance service, the City needs to receive a 12 written policy statement from Clearview Cable regarding what type of service is maintained 13 and at what hours, before considering this item cured. 14 15 3. Reeveston Hook-up 16 17 The City understands that progress is being made in planning the installation of signal 18 distribution facilities pursuant to the franchise in this area, and will await the sub- 19 stantial performance of such work. 20 21 4. PEG Access Channel 22 23 The City appreciates Clearview's stated intention of reimplementing a school channel and 24 will cooperate in this effort, whcih also involves a couuuitment of resources by the Richmond \- 25 Counuunity Schools, toward an expeditious acccEplishment of this. The City is concerned, 26 however, that the reimplementation of the PEG/school channel proceed irregardless of the 27 resolution of the issue of increased channel capacity/rate recently informally proposed 28 to the Telecommunications Council by the Clearview manager, and would expect that a channel 29 be made available within the present 20-channel structure to accomodate this use. 30 31 5. Assignment 32 33 The City's understanding is that TCI is drafting an assignment of the franchise pursuant Y 34 to Article 19 from the prior franchisee, Clearview Cable TV, a Joint Venture, and the 35 City will act, according to the franchise, on such assignment receiving it. 36 37 The City has been pleased by the recent efforts of Clearview Cable to correct, after 38 several years .of promises, what one Clearview agent has described as "years of neglected 39 system maintenance." It is the city's hope and desire that the work done signals the . 40 beginning of a much more positive and mu.taally beneficial relationship between Clearview -741 andthe City, as well as with Clearview's subscribers. Additionally,/the City now has . 42 junctioning a five-citizen Telecommunications Council which will delve into cable issues 43 in depth, and which will advise the Board of Public Works and safety on all such issues 44 including the previously listed default Items. It is the City's intention to continue the 45 positive dialogue and interaction which has been re-established with Clearview, and to 46 "sign off" on the various items of default as soon as this can be done with certainty. 47 48 Thank you for your interest in this matter and your continued attention. 49 50 Very truly yours, 51 52 /s/ Cathy A. Maness, President 53 Board of Public Works and Safety 54 55 Ms. Maness stated that a study by a professional engineer in the Clearview Cable matter 56 will be paid for out of the Board of Works operating budget. 57 58 Ms. Silberstein moved to adopt and send the letter seconded by Mr. Brown and on a unanimous 59 voice vote the motion was carried. 60 61 Public Request 62 63 Mr. Kelly Carns of 401 Elks Road, requested to have a Polio escort for a pre-parade 64 1 mile run which is on the Rose Festival Agenda. He stated that the run will follow J65 the parade route and wants the escort to clear any crams obstructing the path of the runners. Board of Works Minutes Cont'd 00 June 20, 1985 Page 5 1 The request was tabled until the next meeting in order to consult with the Police 2 Department about an excort. Ms. Maness stated that Mr. Carns will be notified by III3 telephone of the Boards decission. 4 5 Adjournment 6 7 There being no further business to come before the Board at this time the meeting 8 was adjourned after a motion duly made, seconded and passed. 9 10 11 Cathy A. Maness 12 President 13 14 ATTEST: Carol Brady 15 Deputy Clerk 16 17 18 . 19 20 21 22 23 24 25 26 27 III 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 III 52 53 54 55 56 57 58 59 60 61 62 63 64 65