HomeMy WebLinkAboutAPRIL 26, 2017 CITY OF JEFFERSONVILLE
BOARD OF PUBLIC WORKS MINUTES
April 26, 2017
MEMBERS PRESENT: Mike Moore, Mayor, Len Ashack, Director of Waste Water, Kim Calabro, HR Director, Phil
Caldwell,Vehicle Maintenance Director,Andy Crouch, City Engineer, Elisha Dale,Sewer Department Director,
Bruce DeArk,Assistant Fire Chief, Bill Dixon,Assistant Engineer, Matt Dyer, IT Director,Shawn Grant,JFD,Sara
Green, Director of Animal Shelter, Eric Hedrick, Chief of JFD, Scott McVoy,Assistant Police Chief, Les Merkley,
Corporation Counsel, Heather Metcalf,City Controller, Clark Miles,Superintendent of Street Department,Amir
Mousavi,Safety Director, Paul Northam, Director of Parks Department,Janet Mayrose,Admin Assist
Redevelopment,Christy O'Neil, Admin Assistant Mayor, Nathan Pruitt, Director of Planning and zoning, Delynn
Rutherford, Grant Writer City of Jeffersonville, Rob Waiz, Director of Redevelopment and Economic Development,
Larry Wallace, Building Commissioner.
CALL TO ORDER: Mayor Moore called the meeting to order at 9:30 A.M.
APPROVAL OF THE MINUTES: Rob Waiz made the motion to APPROVE the minutes from the April 12, 2017
meeting,seconded by Rick Lovan, passing on a vote of 3-0.
APPROVAL OF THE PAYROLL: Rick Lovan made the motion to APPROVE payroll,seconded by Rob Waiz, passing on
a vote of 3-0.
OLD BUSINESS:
No old business to come before the Board.
NEW BUSINESS:
1. Les Merkley—Bid to award Hopkins Lane sidewalk project. Engineer's projection for the project was
$343,040.00. Excel Excavating bid was$297,175.00,All Terrain Excavating bid was at$314,748.00, Clark Nickles
Excavating bid was$390,000.00. Corporation Counsel, Les Merkley placed Memorandum in Support of Awarding
Bid for Hopkins Lane Sidewalk Project into board's record,which states as follows:
The Board of Public Works (BPW)has considered the statutory factors set forth in I.C. 36-1-12-4 in awarding the
bid for the Hopkins Lane Sidewalk Project. The BPW has determined that Excel Excavating is not the lowest
responsive bidder in that it has failed to comply with all applicable statues, ordinances, resolutions, and rules
pertaining to the award of this contract. The BPW finds that: a) 2013-OR-7 prohibits the contracting with any
business that has pending litigation against the City and b) Excel Excavating has pending litigation in Clark Circuit
Court against the City under Cause No. 100O2-1509-CC-1056. Additionally,the BPW has determined that Excel is
not the lowest responsible bidder in that is has considered the ability and capacity of Excel to perform the work
and the competence and experience of Excel. The BPW finds that: a) Excel has previously performed work for the
City and it entities;and b)The City, at times, has been unsatisfied with the performance of said work resulting in
litigation. Based upon the foregoing,the BPW hereby awards the bid for the Hopkins Lane Sidewalk Project to All
Terrain Excavating as the lowest and responsible bidder. This memorandum is hereby incorporated in the minutes
of the April 26, 2017 meeting of the BPW. (Copy of document will be attached).
Motion made by Rob Waiz to AWARD the bid for the Hopkins Lane Sidewalk Project to All Terrain Excavating in the
amount of$314,748.00 and adopt the findings set forth in the Memorandum in Support of Awarding Bid for
Hopkins Lane Sidewalk Project,seconded by Rick Lovan, motion APPROVED by a vote of 3-0.
2. Eric Hedrick—Request for approval of new pest control contract with Black Diamond for services at firehouses.
Chief stated they are unhappy with current provider. Rob Waiz made motion to APPROVE request,seconded by
Rick Lovan, passing on a vote of 3-0.
3. Nathan Pruitt—Hearing on request for approval to structure at 321 Locust Street pursuant to I.C. 36-7-9 and
Ordinance No. 2010-OR-30. Planning and Zoning Director, Nathan Pruitt requested that all documents mailed to
property owner be placed into the record. Corporation Counsel Les Merkley administered the oath to Pruitt and
Building Commissioner Larry Wallace. Pruitt testified that the property owner was properly notified of the hearing
but failed to appear. Wallace testified that based upon his professional opinion as the city's building commissioner
that the entire structure was unsafe and uninhabitable and should be demolished.After hearing testimony and
considering the evidence presented,the Board found that the entire structure located at 321 Locust Street is an
unsafe building for following reasons:
a. The structure is a fire hazard;
b. The structure is a hazard to public health;
C. The structure is a public nuisance;
d. The structure is dangerous to a person or property because of a violation of a statute or
ordinance concerning building condition or maintenance;or
e. The structure is vacant or blighted and not maintained in a manner that would allow human
habitation,occupancy or use under the requirements of a statute or ordinance.
Rob Waiz made a motion to demolish structure, seconded by Rick Lovan, motion APPROVED, passing on a vote of
3-0.
4. Nathan Pruitt—Hearing on Request for approval to demolish structure at 416 Watt Street pursuant to I.C.36-7-
9 and Ordinance No. 2010-OR-30. Planning and Zoning Director, Nathan Pruitt requested that all documents
mailed to property owner be placed into the record. Corporation Counsel Les Merkley administered the oath to
Pruitt and Building Commissioner Larry Wallace. Pruitt testified that the property owner was properly notified of
the hearing but failed to appear. Wallace testified that based upon his professional opinion as the city's building
commissioner that the entire structure was unsafe and uninhabitable and should be demolished. Neighbor Doug
Wright spoke on the appearance and unsafe conditions of the home. After hearing testimony and considering the
evidence presented,the Board found that the entire structure located at 416 Watt Street is an unsafe building for
following reasons:
a. The structure is a fire hazard;
b. The structure is a hazard to public health;
C. The structure is a public nuisance;
d. The structure is dangerous to a person or property because of a violation of a statute or
ordinance concerning building condition or maintenance;or
e. The structure is vacant or blighted and not maintained in a manner that would allow human
habitation,occupancy or use under the requirements of a statute or ordinance.
Rob Waiz made a motion to demolish structure, seconded by Rick Lovan, motion APPROVED, passing on a vote of
3-0.
5. Les Merkley—Request for approval of National Day of Prayer at Big Four Station on Thursday, May 4, 2017.
12:00 p.m.—1:00 p.m. Rob Waiz made motion to APPROVE,seconded by Rick Lovan, passing on a vote of 3-0.
6. Andy Crouch—Request for approval of contract between City of Jeffersonville and INDOT for installation of a
provisional fully actuated traffic signal on State Road 62 and Gottbrath Parkway. Rick Lovan made motion to
APPROVE request,seconded by Rob Waiz, passing on a vote of 3-0.
7. Scott McVoy—Request for approval of Conflict of Interest Disclosure statement for Michael S. McVoy and Dan
Lawhorn. Rick Lovan made motion to APPROVE request,seconded by Rob Waiz, passing on a vote of 3-0.
8. Scott McVoy—Request for approval of boat harbor dockage agreement between Jeffersonville Police
Department and Rubaiyat Boat Harbor. Rob Waiz made motion to APPROVE request, seconded by Rick Lovan,
passing on a vote of 3-0.
9. Len Ashack—Request for approval of road closure of Walnut Street at 9`h Street on Monday, May 1, 2017 from
8:00 a.m.—8:00 p.m.for sewer work. Rick Lovan made motion to APPROVE request,seconded by Rob Waiz,
passing on a vote of 3-0.
10. Sam Reid,Vectren Energy—Request for approval of road closure of Utica Sellersburg Road at Highway 62
beginning Wednesday, May 3, 2017 from 8:30 a.m.—6:00 p.m.for approximately 3 days and then some additional
closures on Utica Sellersburg for approximately 12 additional days. Mayor Moore requested work to be completed
on the weekend due to the traffic problems this closure would cause. Rob Waiz made motion to table request to
enable Vectren to come up with an alternate plan other than road closure,seconded by Rick Lovan, passing on a
vote of 3-0.
ADJOURNMENT: No further business of the BPW meeting adjourned at 10:05 A.M.
APPROV B
Mike Mo re, Mayor
E T BY.
Vicki Conlin, Clerk
MEMORANDUM IN SUPPORT OF AWARDING BID FOR HOPKINS LANE SIDEWALK PROJECT
The Board of Public Works (BPW) has considered the statutory factors set forth in I.C. 36-1-12-4 in
awarding the bid for the Hopkins Lane Sidewalk Project. The BPW has determined that Excel Excavating
is not the lowest responsive bidder in that it has failed to comply with all applicable statutes,
ordinances, resolutions and rules pertaining to the award of this contract. The BPW finds that:
a) 2013-OR-7 prohibits the contracting with any business that has pending litigation against the City and
b) Excel Excavating has pending litigation in Clark Circuit Court against the City under Cause No.10002-
1509-CC-1056.
Additionally, the BPW has determined that Excel is not the lowest responsible bidder in that it has
considered the ability and capacity of Excel to perform the work and the competence and experience of
Excel. The BPW finds that:
a) Excel has previously performed work for the City and its entities; and
b)The City, at times, has been unsatisfied with the performance of said work.
Based upon the foregoing, the BPW hereby awards the bid for the Hopkins Lane Sidewalk Project to
Allterrain Paving as the lowest and responsible bidder. This memorandum is hereby incorporated into
the minutes of the April 26, 2017 meeting of the BPW.
Dated this 26th ay of A ril, 2017.
JRobaiz,
e, May r residing Officer
Member
�
rfti-�
�ovan, m er
812-285-6400 office
812-285-6403 fax
www.cityoteff.net
so Jeffersonville Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
April 5, 2017
CERTIFIED MAIL
9171 9690 0935 0063 9127 74
Robert K Gillenwater
321 Locust Street
Jeffersonville, IN 47130
Re: 321 Locust Street Jeffersonville Indiana("the property")
To Property Owner:
Pursuant to Chapter 36-7-9 of the Indiana Code and Jeffersonville City Ordinance
2010-OR-30, the following information is hereby provided:
1. As Planning and Zoning Director of the City of Jeffersonville as referred to
in City Ordinance 2010-OR-30 my department is designated as the
"Department"to enforce the provisions of Indiana Code 36-7-9-2 and
Ordinance 2010-OR-30.
2. The Jeffersonville Board of Public Works and Safety has been designated as
the "Hearing Authority"referred to in Indiana Code Section 36-7-9-2.
3. You have been designated as owner or hold a substantial property interest in
the unsafe premises that are the subject of this order 321 Locust Street,
Jeffersonville, Indiana 47130, and more specifically described as follows:
Parcel #10-19-00-100-214.000-010
PT Lots 159-160 BLK P 25 FT Frontage
An equal opportunity employer.
Page 2
April 5, 2017
4. The building on the property described in paragraph three (3) is hereby
declared to be an unsafe building for the following reasons as described in
IC 36-7-9-4:
(1) Unsafe structure;
(2) A fire hazard;
(3) A hazard to public health;
(4) A public nuisance;
(5) Dangerous to a person or property because of a violation of a stature or
ordinance concerning building condition or maintenance; or
(6) Vacant or blighted and not maintained in a manner that would allow
human habitation, occupancy, or use under the requirements of a statute
or an ordinance.
5. YOU ARE HEREBY ORDERED TO REPAIR, REHABILITATE OR
REMOVE THE UNSAFE BUILDING TO BRING IT INTO
COMPLIANCE WITH STANDARDS FOR BUILDING CONDITIONS OR
MAINTENANCE REQUIRED FOR HUMAN HABITATION OR
OCCUPANCY.
6. A hearing will be held by the Jeffersonville Board of Public Works and
Safety on Wednesday, April 26, 2017 at 9:30 a.m. in the Mayor's
Conference Room, second floor in the Jeffersonville City Hall located at 500
Quartermaster Court, Quadrangle, Jeffersonville Indiana to review this order
to determine your compliance herewith.
Page 3
April 5, 2017
7. You have the following personal rights:
A. To appear at the hearing on April 26, 2017 at 9:30 a.m.
B. To present evidence.
C. To call witnesses and have witnesses subpoenaed within Clark
County.
D. To cross-examine opposing witnesses.
E. To present any arguments you wish to present.
8. The City Attorney will represent the Enforcement Authority at this Hearing.
9. If you do not comply with this Order to render the building safe or to remove
the unsafe building designated above, the Enforcement Authority may order
the building removed at the April 26, 2017 hearing and will place a lien
upon the property for the cost of this removal.
10. Pursuant to the requirement of Indiana Code Section 36-7-9-5 (8)the
following information is provided:
Section 36-7-9-27 (a)A person who has been issued and has received notice
of an order relative to unsafe premises and has not complied with that order:
1. Must supply full information regarding the order to a person who takes
or agrees to take substantial property interest in the unsafe premises
before transferring or agreeing to transfer that interest; and
2. Must, within five (5) days after transferring or agreeing to transfer a
substantial property interest in the unsafe premises, supply the
Enforcement Authority with written copies of.
Page 4
April 5, 2017
(a) The full name, address and telephone number of the person taking
substantial property interest in the unsafe premises; and
(b) The legal instrument under which the transfer or agreement to
transfer the substantial property interest is accomplished.
(c) If a judgment is obtained against the department, Enforcement
Authority, or other governmental entity for the failure of the entity to
provide notice to persons holding an interest in the unsafe premises
in an action taken by the entity under this chapter, a person who
failed to comply with this section.
11. The Enforcement Authority is the Director of Jeffersonville Planning and
Zoning, Nathan Pruitt. His address is 500 Quartermaster Court, Suite 200,
Jeffersonville, Indiana 47130. His phone number is 812.285.6413.
12. Should you have any questions concerning this matter, you should seek legal
advice.
13. Extensions of the time limit set forth in this order will not be granted unless
extreme circumstances are set forth prior to the ten (10) day deadline for
requesting a hearing.
14. You have the right to appeal the decision of the Enforcement Authority or
Hearing Authority to a court of competent jurisdiction.
Respectfully,
4 ;�*O
Nathan Pruitt
Planning &Zoning Director
Enforcement Authority
NP/lm
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812-285-6400 office
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www.cityofjeff.net
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
April 5, 2017
CERTIFIED MAIL
9171 9690 0935 0063 9127 74
Robert K Gillenwater
321 Locust Street
Jeffersonville, IN 47130
Re: 321 Locust Street Jeffersonville Indiana("the property")
To Property Owner:
Pursuant to Chapter 36-7-9 of the Indiana Code and Jeffersonville City Ordinance
2010-OR-30, the following information is hereby provided:
1. As Planning and Zoning Director of the City of Jeffersonville as referred to
in City Ordinance 2010-OR-30 my department is designated as the
"Department"to enforce the provisions of Indiana Code 36-7-9-2 and
Ordinance 2010-OR-30.
2. The Jeffersonville Board of Public Works and Safety has been designated as
the "Hearing Authority"referred to in Indiana Code Section 36-7-9-2.
3. You have been designated as owner or hold a substantial property interest in
the unsafe premises that are the subject of this order 321 Locust Street,
Jeffersonville, Indiana 47130, and more specifically described as follows:
Parcel #10-19-00-100-214.000-010
PT Lots 159-160 BLK P 25 FT Frontage
An equal opportunity employer.
Page 2
April 5, 2017
4. The building on the property described in paragraph three (3) is hereby
declared to be an unsafe building for the following reasons as described in
IC 36-7-9-4:
(1) Unsafe structure;
(2) A fire hazard;
(3) A hazard to public health;
(4) A public nuisance;
(5) Dangerous to a person or property because of a violation of a stature or
ordinance concerning building condition or maintenance; or
(6) Vacant or blighted and not maintained in a manner that would allow
human habitation, occupancy, or use under the requirements of a statute
or an ordinance.
5. YOU ARE HEREBY ORDERED TO REPAIR, REHABILITATE OR
REMOVE THE UNSAFE BUILDING TO BRING IT INTO
COMPLIANCE WITH STANDARDS FOR BUILDING CONDITIONS OR
MAINTENANCE REQUIRED FOR HUMAN HABITATION OR
OCCUPANCY.
6. A hearing will be held by the Jeffersonville Board of Public Works and
Safety on Wednesday, April 26, 2017 at 9:30 a.m. in the Mayor's
Conference Room, second floor in the Jeffersonville City Hall located at 500
Quartermaster Court, Quadrangle, Jeffersonville Indiana to review this order
to determine your compliance herewith.
Page 3
April 5, 2017
7. You have the following personal rights:
A. To appear at the hearing on April 26, 2017 at 9:30 a.m.
B. To present evidence.
C. To call witnesses and have witnesses subpoenaed within Clark
County.
D. To cross-examine opposing witnesses.
E. To present any arguments you wish to present.
8. The City Attorney will represent the Enforcement Authority at this Hearing.
9. If you do not comply with this Order to render the building safe or to remove
the unsafe building designated above,the Enforcement Authority may order
the building removed at the April 26, 2017 hearing and will place a lien
upon the property for the cost of this removal.
10. Pursuant to the requirement of Indiana Code Section 36-7-9-5 (8) the
following information is provided:
Section 36-7-9-27 (a)A person who has been issued and has received notice
of an order relative to unsafe premises and has not complied with that order:
1. Must supply full information regarding the order to a person who takes
or agrees to take substantial property interest in the unsafe premises
before transferring or agreeing to transfer that interest; and
2. Must, within five (5) days after transferring or agreeing to transfer a
substantial property interest in the unsafe premises, supply the
Enforcement Authority with written copies of.
Page 4
April 5, 2017
(a) The full name, address and telephone number of the person taking
substantial property interest in the unsafe premises; and
(b) The legal instrument under which the transfer or agreement to
transfer the substantial property interest is accomplished.
(c) If a judgment is obtained against the department, Enforcement
Authority, or other governmental entity for the failure of the entity to
provide notice to persons holding an interest in the unsafe premises
in an action taken by the entity under this chapter, a person who
failed to comply with this section.
11. The Enforcement Authority is the Director of Jeffersonville Planning and
Zoning, Nathan Pruitt. His address is 500 Quartermaster Court, Suite 200,
Jeffersonville, Indiana 47130. His phone number is 812.285.6413.
12. Should you have any questions concerning this matter, you should seek legal
advice.
13. Extensions of the time limit set forth in this order will not be granted unless
extreme circumstances are set forth prior to the ten (10) day deadline for
requesting a hearing.
14. You have the right to appeal the decision of the Enforcement Authority or
Hearing Authority to a court of competent jurisdiction.
Respectfully,
��O
Nathan Pruitt
Planning & Zoning Director
Enforcement Authority
NP/lm
4/25/2017 USPS.com®-USPS Tracking&Results
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Track Another Package
Remove X
Tracking Number:9171969009350063912774
t t 1 Delivered
Updated Delivery Day:Wednesday,April 12,2017 Q
Product & Tracking Information See Available Actions
Postal Product: Features:
First-Class Mail® Certified Mail"
DATE&TIME STATUS OF ITEM LOCATION
April 12,2017,11:20 am Delivered,Left with Individual JEFFERSONVILLE,IN 47130
Your item was delivered to an individual at the address at 11:20 am on April 12,2017 in JEFFERSONVILLE,IN 47130.
April 12,2017,6:56 am Arrived at Unit JEFFERSONVILLE,IN 47130
April 11,2017,3:55 pm Departed USPS Facility LOUISVILLE,KY 40231
April 11,2017,12:25 pm In Transit to Destination
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