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HomeMy WebLinkAbout1981.06.02_OPWA MinutesOn Tuesday, June 2, 1981, the Owasso Public Works Authority met in regular ses- sion in the Council Chambers at City Hall, per the Notice of Public Meeting and Agenda posted on City Hall bulletin board at 4:00 PM on May 2q 1981, and by re- ference made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 9:42 PM with Chairman Spencer presiding. ITEM 2 - ROLL CALL. Present: Boyd Spencer, Chairman Dennis Burke, Vice Chairman Al Lambert, Trustee Steve Clark, Trustee Phyllis Gross, Trustee Kenneth Thompson, City Manager Harold Charney, City Attorney Wauhilleau Webb, Recording Secretary Absent: None ITEM 3 - APPROVE MINUTES OF MAY 19, 1981 REGULAR MEETING. Motion was made by Al Lambert, seconded by Dennis Burke, to approve Warrants 1048 through 1126 in the amount of $33,676.74, and authorize Chairman to sign same, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke and Clark Nays - None (Mrs. Gross did not vote as she was not present.) Motion carried. ITEM 4 - REQUEST TO ADVERTISE FOR BIDS FOR A USED FRONT-END LOADING COMMERCIAL REFUSE TRUCK. Mr. Thompson said Bill Williams looked at a used 1973 truck to be used as a backup truck but he had some reservations about it. Mr. Thompson said what the Board needs to do on this item is first decide if we need a backup truck and then if we want to advertise for bids. Dr. Clark said he recently saw a patient that had a wreck in one of our refuse trucks and was told the truck had a brake problem. He asked Mr. Williams about the problem and Mr. Williams said it is an old truck and there is a problem with the vacuum system, and the truck will stop but we should not get it up over 35 MPH. Dr. Clark said we should get it fixed immediately as it is a haz- ard and Mr. Williams said he has been trying to get it fixed for quite a while. Dr. Clark felt it should be fixed or left off the road. Mayor Spencer commented this equipment is going to break the City. He said the only way we can stay on top of it is to double the trash rates. Mr. Williams Owasso Public Works Authority Page Two June 2, 1981 disagreed with Mayor Spencer and said he doesn't have accurate information. Mayor Spencer referred to the problems in the City of Duncan and Mr. Williams said Duncan couldn't run a trash service with a fleet of Cadillacs. Mr. Lambert asked Mr. Williams if he was saying the vehicle is road safe pro- viding a certain speed not be exceeded and Mr. Williams said yes, 35 MPH. Mr. Lambert then asked if an order was put out to his people not to exceed that speed and are they obeying it? Mr. Williams reply was as far as he knows. Mr. Spencer referred to the monthly contingency fund of $3,000.00 per month and that it should continue to stay with the First National Bank in Tulsa as it won't be spent there. Mr. Thompson said that had been a bond requirement, and it would be voluntary after September. Mr. Thompson felt the bid specifications should be general for what we need and not limit ourselves to one brand. Mr. Williams said one thing that needs to be in the specifications is a 10,000 lb. lift capacity. Motion was made by Steve Clark, seconded by Phyllis Gross, to advertise for bids for a used front-end loading commercial refuse truck with recommendations and approval by the Council of certain requirements of the vehicle. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 5 - REQUEST TO ADVERTISE FOR BIDS FOR A NEW SIDELOADER RESIDENTIAL REFUSE TRUCK. Motion was made by Dennis Burke, seconded by Steve Clark, to advertise for bids for a new sideloader residential refuse truck. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 6 - REQUEST BY MR. H. D. HALE TO DISCUSS CONDEMNATION ACTION ON HIS PROP- ERTY; MONEY OWED HIM ON WATER AND SEWER CONTRACTS AND AVAILABILITY OF SEWER TAPS IN HALE ACRES. Condemnation discussion to be moved into City Council. Mr. Spencer said he thought Mr. Hale had met with Bill Williams and Kenneth Thompson and all this had been accounted for and approved. Mr. Thompson said he thought it had also. Mr. Hale said what Mr. Spencer is referring to is a portion of it relative to the taps, and they did reach an agreement on his tap availability, but have not reached agreement on City's indebtedness to him. Owasso Public Works Authority Page Three June 2, 1981 Mr. Hale said the money owed is on the water contract under the date of March 20, 1967, for the construction of certain water lines in Hale Acres addition. He said he spoke to the Board about this on April 28, 1978 as an agenda item where he informed them at that time of the monies owed to him. He had a copy of a letter from Tom Baines saying he was making copies of the Hale contract. Mr. Hale showed the Board documentation of Phase A of that contract and said the City has paid him for Phase A but is still indebted to him for all the re- maining water lines. He said under the date of February 22, 1971 the agreement was extended to cover Hales Acres II, and if we don't think we owe him just say so and he will show us where we do. Mr. Charney asked Mr. Hale how much he thinks is due him and he said he didn't know, but if the City does not have the money he would work out terms for us. He said under the terms of the contract he is supposed to receive one half or one third, whichever the contract says, of the income off those lines until he has been paid. He said he was paid for 112th Street in the amount of $6,000.00 to which Bill Williams said he felt it was more like $14,000.00. Mr. Charney said since this is a legal matter he should look at the contract and get with Mr. Hale. Mr. Hale said that sounds good but that's exactly where we were three years ago. Mr. Charney commented on how we can pay him what he doesn't know, and Mr. Hale said that is what he is here for, to come to an agreement on that amount. Mr. Charney commented on the Board working out a sum certain and Mr. Hale said he would rather work it out on an agreeable basis as a sum certain is difficult to arrive at and it will take some negotiations to arrive at that sum, as we owe him for everything except 112th Street. Mr. Spencer asked Mr. Hale if he was going to sue us and Mr. Hale replied he hopes not but if we say we don't owe him then he will have to do something as he can't wait forever for us to pay him as we are using his water lines and sewer lines. Mr. Hale said he might even give it to us. Motion was made by Dennis Burke, seconded by Al Lambert, to direct City Attorney to negotiate with Mr. Hale within the next thirty days to substantiate the claim Mr. Hale has against the City of Owasso and come back to the Board with a recom- mended settlement. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. Dr. Clark suggested they also work with Mr. Fugate since he has all the figures. Availability of Sewer Taps: Mr. Spencer again said he thought all that was settled and Mr. Hale responded it is settled what is due to him but the City does not have it settled about what they have because everytime someone wants a sewer tap out there they come to see Hale and they want to get a tap from him. He said he wants a statement from the Board as to what we have up there, as one thing we have is a bunch of easements down the line where we have committments to people because of agreements with them on the building of the OUA line where- by they are entitled to certain usages on that line. Mr. Hale said the City Owasso Public Works Authority Page Four June 2, 1981 Attorney has previously been instructed to check up and down that line and find out what our responsibilities are and write demand letters to the people saying to them that they had thirty days to exhibit to the Board what their usage was going to be so an engineering study could be made on what we have available as the City does not know what they have to sell. Mr. Hale said he has more taps than he needs because his property was divided up differently than was origi- nally planned and would like to accommodate people like Jack Avant. He said he was willing to release some taps back to the City without charge but he wants the City to make a statement "we don't have any" or say how many we have. He said that's where we are and where we were three years ago. Mr. Charney said our problem is the EPA has certain restrictions on how many taps we can put on our present sewer plant. When these other taps were promised and sold we did not anticipate a lot of the EPA requirements and limitations that would be put on us and we sold more taps than what EPA told us we could so we are over committed on taps. So, what the City really has depends on whAt EPA will allow us to do. Mr. Williams said that is wrong. He said the lift station in that system is designed for so many taps and it is the lift stations and lines, not the lagoon. Mr. Hale said his contract speaks to that and to how many was allocated to him and the other developers in that area. Mr. Williams said it was not taken into consideration the people that have easements that have one tap, one hundred taps or unlimited taps. Mr. Hale said four developers Put up the money to increase and develop the lines as the sewage was out of con- trol at that time and the State Health Department said when that was done there would be approximately 365 more taps to be added and those taps were allocated among the four developers. He said Mr. Eagleton has asked him for eleven taps, which he would be willing to release if the City would make the statement that all his lots would be served, as he put up $70,000.00 to ensure he would have taps. Mr. Charney said it was Tom Baines that said he would contact all the individuals along the lines to determine ownership. Mr. Hale said again he can help us by releasing some taps back to us if we can just determine what we have to sell. Mr. Hale said he has remaining to him in both additions 92 unpaid for and 33 that have been paid for. He said he signed a conditional letter to Jack Avant that he can have 22 taps if the City will guarantee that all Hale's lots can be served by sewer. He said he can return to the City 20 or 30 taps, but we must first say what we have as he does not want to use his taps up if we have more room. Motion was made by Dennis Burke, seconded by Al Lambert, to direct the City Attorney to check into availability of sewer taps within the next thirty days and report back with recommendations and results at the July 7, 1981 Board meeting. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. Owasso Public Works Authority Page Five June 2, 1981 ITEM 7 - STATE HEALTH DEPARTMENT PERMIT. Motion was made by Al Lambert, seconded by Steve Clark, to accept State Health Department Permit No. SL-81-176 for seven Baptist Village duplexes sanitary sewer, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 8 - REVIEW PROPOSALS TO REPAIR TWELVE INCH WATER LINE ACROSS BIRD CREEK. Mr. Thompson advised Council only one proposal was received for the Bird Creek repair job and it was from McGuire Brothers Construction, Inc. The Board directed Mr. Thompson to open McGuire Brothers proposal, and it was in the amount of $3,500.00. Motion was made by Boyd Spencer, seconded by Dennis Burke, to declare an emer- gency to repair the twelve inch water line across Bird Creek and immediately ask McGuire Brothers Construction, Inc., to repair it per their proposal of $3,500.00 and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 9 - AUTHORIZE FINAL PAYMENT TO CONTRACTOR FOR THE RELOCATION OF 12" WATER LINE NORTH OF 86TH STREET NORTH. Mr. Thompson said both these lines need some minor right-of-way repair and the line on 86th Street has not been pressure tested yet. He said the Board can do one of two things; either authorize payment up to 90% of the full contract or authorize full payment subject to testing of lines and the right-of-way work. Mr. Thompson said the original bid was for $26,263.00 but the final bill is $25,386.26. Motion was made by Dennis Burke, seconded by Al Lambert, to make payment in full with payment to be withheld until the lines have been tested and the right-of- way cleaned up and approved by the City. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 10 - AUTHORIZE FINAL PAYMENT TO CONTRACTOR FOR INSTALLATION OF 16" WATER LINE ON 76TH STREET NORTH. Mr. Thompson said the line has been in use for a couple of weeks but there is still a little sediment in it. The original contract was $50,189.00 but the Owasso Public Works Authority Page Six June 2, 1981 final bill is $49,607.13. Motion was made by Dennis Burke, seconded by Phyllis Gross, to make payment in full with payment to be withheld until the right-of-way clean up has been com- pleted. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion cdIried. ITEM 11 - APPROVE WARRANTS FOR PAYMENT. Motion was made by Al Lambert, seconded by Steve Clark, to approve Warrants 2187 through 2282 in the amount of $35,670.92, authorize Chairman to sign same, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 12 - NEW BUSINESS. Item Mr. Lambert said he had received a telephone call Saturday evening, the 30th, and was asked to come to Mr. McGuire's home who lives beside the City garage. He said when he drove up he did not see anyone but as soon as he opened his truck door he knew why Mr. McGuire had called him. Mr. McGuire told Mr. Lambert he has had this problem for some time, that problem being the commercial trash truck parked directly under his bedroom window full of garbage and not moved until Monday morning. Mr. Lambert said he felt Mr. McGuire had a legitimate complaint and we better find a better place to park the truck. Mr. Thompson said it was moved the previous weekend and they were told not to park it there. Bill Williams said they will be parking them at the City barn in the future. Mr. Lambert complimented Jerry Brooks who asked Mr. McGuire if he would like for him to move the truck, but before Mr. McGuire could answer Mr. Lambert asked him to move it realizing he did not have that authority but would be very apprecia- tive if he would move it. Mr. Spencer thanked some employees that came down the previous weekend to clean up trash that had been dumped. Item Ira Leach said at Third and Atlanta there is an old cistern and weeds higher than his head which needs to have something done about it. Mr. Lambert said he brought that up once before and was under the impression that something had been done about it. Mr. Thompson said he will check into it. Owasso Public Works Authority Page Seven Juen 2, 1S Item Mr. Thompson reminded the Board about his memo regarding the Water Resources Board and the City's request for water rights from Oolagah which will be heard at 10:00 AM, June 24th, in Oklahoma City. He said we are applying for approximately 2,200 acre feet per year, which is equivalent to the use for about 12,000 people. Being no further business before the Owasso Public Works Authority, Chair adjourned at 10:44 PM. Boyd M. Spenc , Chairman G Secretary Wauhilleau Webb, Recording