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
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8 Ms. Maness asked the City Attorney to assist in conducting the hearing.
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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.
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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.
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41 No one spoke in opposition to the sale of this property.
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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:
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55 Request from Department of Public Works
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57 Ms. Maness stated that at the request of the City Attorney she would advance this
58 item on the agenda.
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60 Public Improiement contract with Kemper
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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.
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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.
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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
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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.
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24 Approval of Claims for Payment
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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.
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29 DEPARTMENT REQUESTS AND COMMENTS
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31 Department of Weights and Measures
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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
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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.
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-'43 Request to dispose of useless equipment and property
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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.
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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.
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16 Request from Jerry Aldermann on Police Cars
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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.
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28 Telecommunications
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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
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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
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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
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` 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
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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.
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21 4. PEG Access Channel
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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
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