Board of Public Works & Safety

REGULAR MEETING – April 21, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, April 21, 2014 at the hour of 9:00 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Sharon Carnes and Michael Palmer (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: John Espar, Corporate Counsel Donna Pappas, City Controller Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Asst. Chief Tim Richardson, M.C. Police Department Bob Zondor, Superintendent Central Services Shannon Eason, Administrative Director Park Department Tom Przybylinski, Building Inspector Craig Phillips, City Planner Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of April 7, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of April 7, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. AWARDING OF REQUEST FOR PROPOSALS – Old Lighthouse Museum Lantern Room Reconstruction Project Michael Palmer made the motion to award the contract to Gariup for the Old Lighthouse Museum Lantern Room Reconstruction Project for a total bid of $90,000.00. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – April 21, 2014 Page 2 APPROVAL OF CONSTRUCTION CONTRACT & NOTICE TO PROCEED – Gariup Construction Company President Janus addressed Corporate Counsel John Espar asking if the Approval of the Construction Contract and the Notice to Proceed could be done with one (1) motion. Counsel Espar advised the Board they could be addressed under one (1) motion. Vice-President Carnes made the motion to approve the Construction Contract and the Notice to Proceed for the Old Lighthouse Museum Lantern Room Reconstruction Project with Gariup Construction Company. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – Two (2) Small Transit Buses President Janus asked if there was anyone present who wanted to submit a bid. There was no response. Michael Palmer made the motion to close the acceptance of bids. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. President Janus informed the Board that there were no bids received. OPENING OF BIDS – Five (5) Police Ford Interceptor Utility Vehicles-AWD Ford Option Package (K8A) President Janus asked if there was anyone present who wanted to submit a bid. There was no response. Vice-President Carnes made the motion to close the acceptance of bids. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel John Espar addressed the Board stating three (3) bids were received as follows: -Sauer’s Ford total bid $134,411.04 trade in allowance - 6,800.00 $127,611.04 total -Bloomington Ford total bid $136,635.25 trade in allowance - 5,200.00 $131,435.25 total -Lakeshore Ford total bid $135,694.00 trade in allowance - 9,800.00 $125,894.00 total Regular Meeting – April 21, 2014 Page 3 Corporate Counsel Espar recommended the Board refer the bids to the appropriate departments for review, tabulation and recommendation at the next meeting. Vice-President Carnes made the motion to refer the bids to the appropriate departments for review, tabulation and recommendation at the next meeting. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO USE WESTCOTT PARK – Brenda Falls requests to use Westcott Park for a “Poetry in the Park After Dark” event July 3, 2014 8:00 p.m. to 10:00 p.m. The following correspondence was received in the City Clerk’s Office on April 15, 2014 from Brenda Falls, 101 Top Flight Road: Type of Request: To use Westcott Park for a Poetry in the Park After Dark event July 3, 2014 8:00 p.m. to 10:00 p.m. Brenda Falls, 101 Top Flight Road addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating there is ample parking at Westcott Park for this type of event; and recommended approval of the request. Michael Palmer made the motion to approve the request for a Poetry in the Park After Dark event July 3, 2014 from 8:00 p.m. to 10:00 p.m. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO USE RIGHT-OF-WAY – Chris Sloffer, Acuity ES Project Manager requests to utilize City right-of-way at Franklin Street & Brinkman Avenue The following correspondence was received in the City Clerk’s Office on April 15, 2014 from Chris Sloffer, Acuity ES Project Manager: Type of Request: Advance four (4) soil borings within center turn lane of Franklin Street near the intersection of Brinkman Avenue. See attached figure for proposed characterization boring locations. The purpose of the proposed characterization borings is for collection of samples to assist with remedial design of a future pilot study. Date of Request: To be determined, based upon receipt of appropriate authorizations and subcontractor availability; anticipate work completed within two (2) days. Chris Sloffer, Acuity ES Project Manager addressed the Board explaining the request; and asked for approval. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Sloffer regarding the nature of the request. Mr. Sloffer explained his company is doing some remedial work for Concord Cleaners from their previous site on Franklin Street at Brinkman Avenue. President Janus asked Mr. Sloffer to notify the Michigan City Police Department of when the work will be taking place. Regular Meeting – April 21, 2014 Page 4 Further discussion ensued between the Board, Corporate Counsel John Espar and Mr. Sloffer regarding liability insurance and returning the road to its existing condition. Counsel Espar addressed the Board and Mr. Sloffer stating in the past the City has utilized a License Agreement to authorize the installation of monitoring wells for Acuity ES for this project along Franklin Street, and recommended to the Board that a Licensing Agreement/Indemnification Agreement be prepared for this that would require Acuity ES to protect the City from any claims that would arise from their activities. Vice-President Carnes made a motion to approve the request to use the right-of-way pending a Licensing Agreement with Acuity ES that would protect the City from any liability. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Counsel Espar addressed Mr. Sloffer regarding the time frame for this project. Mr. Sloffer addressed the Board and Counsel Espar stating tentatively they are looking at starting the work the week of May 12th and that would be pending approval by the Board and the sub-contractor’s availability. Counsel Espar advised the License/Indemnification Agreement would not be done until the second meeting in May. REQUEST FOR WALK – Stepping Stone Shelter for Women, Inc. is requesting to hold a walk on June 6, 2014 at 7:30 p.m. for a “Step into the Night” sexual assault awareness walk The following correspondence was received in the City Clerk’s Office on April 14, 2014 from the Stepping Stone Shelter for Women, Inc.: Type of Request: Awareness Walk We would like to have a “Step into the Night” Sexual Assault Awareness Walk, starting at 6 th and Franklin Street to 4th Street heading to Pine Street to US Hwy 12 towards Washington Street to 4th and Franklin Streets returning to 6th & Franklin Street on Friday, June 6, 2014 at 7:30 p.m. Jacynta Harris, Child & Adolescent Case Manager and Carrie Campbell, Board Member of the Stepping Stone Shelter for Women, Inc. addressed the Board regarding the request; asking for approval. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he would recommend approval as the walk will take place on sidewalks and there will be no overtime for the department. Vice-President Carnes made the motion to approve the June 6th Step into the Night walk for the Stepping Stone Shelter for Women. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CONTRACT – First Amendment to Contract Between Michigan City Firefighters, Local 475 and the Civil City of Michigan City, Indiana Regular Meeting – April 21, 2014 Page 5 Corporate Counsel John Espar addressed the Board presenting the following and explained this came to fruition as a result of a Grievance that was filed by the Union challenging the payment of a supplemental compensation to one of the positions held by one within the department appointment by the Fire Chief for the Public Information Officer: First Amendment to Contract Between Michigan City Firefighters, Local No. 475 and the Civil City of Michigan City, Indiana WHEREAS, pursuant to Ind. Code 36-8-3-3(d), the Common Council of the city is empowered to establish the compensation and benefits for the members of the fire department of the city; WHEREAS, the Common Council of the city pursuant to Ordinance No. 4250 (Salary Ordinance) established the compensation payable to the fire department; WHEREAS, the City of Michigan City by and through the Board of Public Works and Safety entered into that certain Contract between the Michigan City Firefighters, Local No. 475 and the Civil City of Michigan City, Indiana approved at the meeting of the Board of Public Works and Safety on Monday, December 2, 2013, which purported to incorporate the compensation and benefits negotiated between the Common Council and Michigan City Firefighters, Local No. 475 as the bargaining agent of the firemen; WHEREAS, the Salary Ordinance contained compensation for certain members of the bargaining unit which was not negotiated between the parties; WHEREAS, in the absence of an agreement to modify the Contract between the City and Local #475, the Common Council of the City of Michigan City will be legally required to amend its salary ordinance to eliminate all forms of compensation for bargaining unit employees which was not specifically negotiated between the parties and reflected in the agreement; WHEREAS, Article VII of the contract, entitled “Supplemental Agreement” provides that the “Agreement may be amended as the Firefighter’s Union and the City may mutually agree in writing.” WHEREAS, Michigan City Firefighters Local No. 475, on behalf of firefighter Steve Stimley, filed a grievance pertaining to additional compensation paid to the Public Information Officer under the 2013 Salary Ordinance; WHEREAS, the issue of which Local No. 475 complains, would likewise issue concern the additional compensation paid to the Fire Training Officer, Fire Marshall and Specialists under Article XVIII of the Agreement, under both the 2013 and 2014 salary ordinances; WHEREAS, the Michigan City Firefighters, Local No. 475 on behalf of the bargaining unit and the City of Michigan City by and through the Board of Public Works and Safety now seek to amend the Agreement to include the payment of additional compensation which was included in the Salary Ordinance for 2014, but not the collective bargaining agreement of the parties for the following positions: 1. Fire Marshall; 2. Fire Training Officer; 3. Public Information Officer; Regular Meeting – April 21, 2014 Page 6 4. Specialist; and 5. Two Head Specialist. NOW, THEREFORE, BE IT AGREED, by and between the Michigan City Firefighters Local No. 475 and City of Michigan City, by and through the Board of Public Works and Safety that the following persons appointed to the following positions shall be entitled to compensation as said forth below: 1. Fire Marshall: $53,335.10 per year 2. Fire Training Officer: $53,335.10 per year 3. Public Information Officer: additional $1,000.00 per year 4. Specialist: additional $400.00 per month 5. Two Head Specialist: additional $450.00 per month BE IT FURTHER AGREED, that Article XII of the Contract should read as follows: ARTICLE XII WAGES A. WAGES 2013 Training Officer $53,335.10 Fire Marshall $53,335.10 Assistant Chief $51,279.80 Captain $48,376.90 Lieutenant $45,638.58 Driver $43,054.70 1st Class Firefighter $40,617.98 Probationary Firefighter $36,514.66 Public Information Officer His Base Pay = 1,000.00 BE IT FURTHER AGREED, that Article XVIII of the Contract should read as follows: ARTICLE XVIII SPECIALISTS There may be one mechanical and one building maintenance specialist assigned to each shift. These specialists must come from the ranks for Pump Operator or Firefighter. Specialist shall be paid $ 400.00 a monthly with the 2 Head Specialist receiving $450.00 a month. Any opening for specialist positions shall be posted at each station for a period of fifteen (15) days. All firefighters interested in filing such positions shall have a right to sign the posted opening sheet. Selection of the firefighters to fill the positions shall be made from those firefighters who have signed the posted opening sheet. BE IT FURTHER AGREED, that the grievance filed by Michigan City Firefighters Local No. 475 on December 4, 2013 and re-filed on January 28, 2014, be, and the same hereby is, dismissed with prejudice. So approved this 21st day of April, 2014 Regular Meeting – April 21, 2014 Page 7 Discussion ensued between Corporate Counsel Espar and Michael Neulieb, President Firefighters Local 475 regarding the number of specialists the fire department has. Corporate Counsel Espar recommended the Board approve a modification of the contract between the City of Michigan City, Indiana and Michigan City Firefighters Local 475, which would resolve the grievance and reconciling a difference between the contract and the salary ordinance. Counsel Espar stated this settles the Grievance that was previously submitted to the Board regarding the additional pay the Public Information Officer receives. Michael Palmer made the motion to approve the First Amendment to the Contract between the Michigan City Firefighters Local 475 and the Civil City of Michigan City, Indiana. The motion was seconded by Vice-President Carnes. Further discussion ensued between the Board and Corporate Counsel Espar regarding the Amendment being retro-active as the firefighters have been receiving the compensation. Michael Neulieb, President Firefighters Local 475 addressed the Board and Counsel Espar stating the Union is now in negotiations to put these positions into the Contract. Counsel Espar stated these positions are now a part of the Contract and if the negotiating fails to reach an agreement these positions will continue to receive the compensation that is awarded under this Amendment until a new Agreement/Contract is negotiated. The motion carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. ORDER TO REPAIR – 111 Franklin Street Russ Hatfield, Code Enforcement Officer addressed the Board stating under the direction of Corporate Counsel John Espar an Order to Repair was issued on 111 Franklin Street, also known as the Ice Cream Parlor. Mr. Hatfield informed the Board that the Planning and Inspection Departments have had several meetings with the parties of substantial interest; asking the owner and parties of substantial interest to submit a timeline, which has been provided to the Board. Mr. Hatfield summarized the timeline stating they plan to have it ready for a tenant to do what is called a “build out” by June 30, 2014, which means the perspective tenant would be able to go in and set up the interior to their specifications. Mr. Hatfield requested that the Board approve the timeline today, which would modify the Order to Repair to conform to the timeline that has been submitted. Mr. Hatfield explained that the “build out” does have to be submitted to the State for review, which to his understanding has been submitted so the tenant will be able to go right in on the June 30th date to start their plans for the interior. Discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding the process that has taken place with regards to the construction of the project and a tenant taking possession of the building after the exterior has been completed. Jason Gatzka, 114 Kenwood Place representing the owner of 111 Franklin Street addressed the Board regarding the project; stating the repairs are underway and the roof should be done by the end of the week, then windows and mechanicals. Mr. Gatzka informed the Board that he is trying to use only Michigan City contractors on this project exclusively. Regular Meeting – April 21, 2014 Page 8 Further discussion ensued between the Board, Corporate Counsel Espar and Craig Phillips regarding the project and its completion. Vice-President Carnes addressed Counsel Espar asking if the repairs are not made by the June 30, 2014 date what are the City’s options with this?; does the City have to start the process all over again. Counsel Espar stated the Board would not have to start the process over again; explaining the failure to complete the Order to Repair then authorizes the continuation of the process for demolition. Michael Palmer made a motion to issue the Order to Repair with the completion date by June 30th, 2014. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CLAIMS AND PAYROLL Michael Palmer moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 7 04/17/2014 $437,823.53 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment as follows: Page Date Amount 1 of 3 04/17/2014 $167,907.71 1 of 1 04/21/2014 $36,189.46 UNFINISHED BUSINESS – Pending Items Pending Item – Comcast Cares Day Tim Haas representing the North End Advocacy Team and the Historic Preservation and Education Foundation addressed the Board regarding the Comcast Cares Day that will be held on Saturday, April 26, 2014 from 8:30 a.m. to 11:30 a.m. Mr. Haas explained the events planned for the day for the beautification of the north end of Michigan City, as well as restoration work that will be performed at the Salvation Army building on Franklin Street just Regular Meeting – April 21, 2014 Page 9 south of 11th Street. Mr. Haas informed the Board that there are two (2) waivers to be signed by volunteers which are available at the Planning Department office and the LaPorte Visitors and Convention Center at the Marquette Mall; one (1) for Comcast and one (1) for the City of Michigan City. Mr. Haas explained that Skyler York of the Planning Department and Lt. Jeff Loniewski of the Michigan City Police Department’s Traffic Division have worked out a traffic control plan for the event in conjunction with the Skadaddle 5K that will take place the same day. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the traffic control plan; explaining one (1) lane of traffic will be shut down in each direction between City Hall and the Franklin Street Bridge. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Haas regarding the signing and collection of the Volunteer Waivers for the event. Mr. Haas stated that Comcast will be in charge of the sign-up, and will split the volunteers into groups who will be managed by an employee of Comcast. Mr. Haas also informed the Board that on Friday, April 25, 2014 there will be a “pre-work” day where preparations will be made for the work to be performed on Saturday, April 26, 2014. Pending Item – Smoking in City Vehicles President Janus addressed the Board regarding allowing smoking in the City vehicles. Craig Phillips, City Planner addressed the Board suggesting the City Clerk’s Office send a correspondence to the Department Heads regarding the matter. President Janus stated the item will be held over and the City Clerk’s Office can send out a notice that will require responses from the Department Heads at the June 2, 2014 meeting. Pending Item – AT&T License Agreement to utilize City right-of-way Corporate Counsel John Espar addressed the Board stating he is continuing to work with AT&T and their Attorney’s on the License Agreement for the placement of the VRAD device. Pending Item – Painting of the Lighthouse Corporate Counsel John Espar addressed the Board regarding the Painting of the Lighthouse, stating the Port Authority Board has received bids and will be awarding the contract at their regularly scheduled meeting this evening. Pending Item – Daniel D. Bruce Memorial Craig Phillips, City Planner addressed the Board giving them an update on the status of the project. Mr. Phillips reminded everyone the re-dedication ceremony is scheduled for Tuesday, May 20, 2014 after the arrival of the Wall Gang and other Veterans groups to the site. Regular Meeting – April 21, 2014 Page 10 Discussion ensued between the Board, Corporate Counsel Espar and Mr. Phillips regarding the finalization of the plaque for the monument. Pending Item – Aesthetic Enhancements to I94 Bridge Craig Phillips, City Planner addressed the Board stating the project is underway, and INDOT is making the final provisions to get the final draft of the document that the Mayor is to sign on behalf of the City. President Janus asked that the item be removed from the Pending Item list. Pending Item – Trail Creek signs Craig Phillips, City Planner addressed the Board regarding the installation of the Trail Creek signs, stating he has a meeting the first week of May with representatives of the Trail Creek Water Shed Management Group to put together a proposal to bring before the Board. Pending Item – Sale of City Property-US Hwy 20 & Cleveland Avenue adjacent to Fire Station Craig Phillips, City Planner addressed the Board stating one (1) bid has been received to date; and the bid process is for thirty (30) days from the date of issuance. Discussion ensued between the Board, Corporate Counsel Espar and Craig Phillips, Planning Director, regarding the zoning of the property, letters submitted by the Department Heads concerning the sale of the property, the concerns of the Fire Chief with regards to the property and the driveway leading to the Fire Station. Mr. Phillips explained the driveway leading to the Fire Station is owned by the City and will not be included in the sale of the property. Pending Item – City Street signs Craig Phillips, City Planner addressed the Board stating there is nothing new to report on the City Street signs at this time. New Item – Sanitary work at Poplar/Vail Streets and Michigan Boulevard Corporate Counsel John Espar addressed the Board and Charles “Spike” Peller, City Engineer regarding the lane changes along the construction of the sanitary work that is being done at the intersection of Poplar/Vail Streets and Michigan Boulevard; asking why the sewers weren’t inspected when the road was torn up for the Phase I portion of the Michigan Boulevard reconstruction project. Craig Phillips, City Planner addressed the Board stating this was a utility project and does not involve either the Planning Department, City Engineer or the Board of Public Works and Safety. Regular Meeting – April 21, 2014 Page 11 Discussion ensued between the Board, Corporate Counsel Espar, Mr. Phillips and Mr. Peller regarding the project and why this wasn’t addressed when the road was being worked on during the Phase I portion of the Michigan Boulevard reconstruction project. Michael Palmer addressed Mr. Peller asking if the irrigation system was on in the planter boxes on Michigan Boulevard as there have been calls for the Fire Department to put out fires in some of these areas. Mr. Peller stated he believed the Park Department is in charge of the irrigation system. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop, stating there is nothing new to report at this time. Pending Item – 515 Union Street-Installation of Street Light in Alley Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been instructed to install a “dusk to dawn” light there. Pending Item – 704 W. 9th Street-removal of curbing Charles “Spike” Peller, City Engineer addressed the Board stating this will be taken care of when weather permits and asphalt is being produced. Pending Item – Signage to identify US Hwy 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board stating he is working with the Planning Department on this. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating design is underway, and this will be addressed with the summer paving and sidewalk program. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board stating he is working with Rob Strader, Transit Director on the crosswalk project for the Michigan City High School. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating improvements will be made to the intersection to reduce traffic accidents. Mr. Peller explained preliminary designs are in progress. Regular Meeting – April 21, 2014 Page 12 Michael Palmer addressed Mr. Peller asking for an update on the sanitary work that is being performed along Lakeshore Drive. Mr. Peller informed the Board the project is on schedule and explained the work that is being done; stating Lakeshore Drive is open. Michael Palmer asked that the radio stations be informed as to closing the roads for the remainder of the project. Pending Item – 124 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 124 Green Street, stating he spoke to the prospective contractor last week and will be scheduling the demolition for that property. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he has had to re-evaluate the demolition process due to the new IDEM regulations; further stating he is trying to get the best pricing for the asbestos abatement that is now being required. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating he has had to re-evaluate the demolition process due to the new IDEM regulations; further stating he is trying to get the best pricing for the asbestos abatement that is now being required. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Hatfield regarding the new regulations by IDEM and the asbestos abatement procedures. Mr. Hatfield explained any new demolitions will have a hearing, then asbestos remediation, then he can go out for bids. Further discussion ensued between the Board, Corporate Counsel Espar and Mr. Hatfield regarding the amount that is charged to the homeowner as a special assessment after the demolition that reflect the administrative costs of the process, which currently is approximately $1,000.00. Counsel Espar further explained that now there is the requirement to bring in an environmental company to assess the existence of asbestos on the property as a part of the demolition process. Counsel Espar recommended that the Inspection Department re-evaluate the administrative costs that are associated with the demolition process. Mr. Hatfield stated the typical residential demolition will have an additional $800.00 to $1,200.00 just for the asbestos testing alone, which does not include the cost for the removal/remediation from a Licensed Abatement Contractor which will not be known until the testing is completed. Regular Meeting – April 21, 2014 Page 13 Counsel Espar recommended to the Board that they request the Planning Department together with Corporate Counsel revisit the administrative costs of the demolition process and update it. Vice-President Carnes asked if Counsel Espar has reviewed the new IDEM regulations concerning the asbestos. Counsel Espar replied that he has not reviewed the actual statute, but has had conversations with Mr. Hatfield regarding this; and will review the material, as well as the procedures for the demolition process. Michael Palmer made a motion to approve Corporation Counsel Espar along with the Planning and Inspection Departments to look at procedures associated with the demolition process to recoup as much as possible for the City. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. President Janus addressed Mr. Hatfield regarding the demolition process; asking if the ordinance requires the covering of black dirt and seeding of the property. Mr. Hatfield replied six (6) inches of black dirt is to be put down dependent on the weather, and the seed/hydro seed is put down. Mr. Hatfield stated the contractors will be taking care of this aspect for the Eastport School property, the demolition on 11th Street, as well as the Pawloske property. Michael Palmer addressed Mr. Hatfield regarding the demolition of 904 E. Michigan Boulevard; asking if the demolition has been scheduled yet. Mr. Hatfield stated this is now part of the new IDEM process; and just received the sampling of the asbestos testing, which shows there is asbestos throughout the structure. Mr. Hatfield explained he will need three (3) quotes for the asbestos removal for this demolition, which will raise the costs considerably. Discussion ensued between the Board and Mr. Hatfield regarding getting federal funding to help with the cost of the asbestos abatement/remediation. Mr. Hatfield stated there is nothing there, but Community Development could look into that; and that to the best of his knowledge the funding is going to the larger Cities at this time. PUBLIC COMMENTS President Janus asked if there were any other comments from the public. Steven Guy, 1006 E. 8th Street addressed the Board asking permission to distribute flyers for “Spring Cleaning”, cleaning gutters, mowing lawns and cleaning out garages. Russ Hatfield, Code Enforcement Officer addressed the Board stating if he is soliciting services this would fall under the Transient Vendor’s Ordinance. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Hatfield regarding what is being asked by Mr. Guy and what is required under the Transient Vendor’s Ordinance. Counsel Espar explained the Transient Vendor’s Ordinance refers to the selling of goods, not the selling of services. Regular Meeting – April 21, 2014 Page 14 Corporate Counsel Espar stated he didn’t think there was anything standing in the way of Mr. Guy going door to door and distributing his flyers. President Janus stated if Mr. Guy is addressed regarding this he should come back before the Board and they will try to correct it. Mr. Hatfield referred to the Ordinance regarding the passing out of hand bills; suggesting these ordinances be reviewed and updated. Further discussion ensued between the Board, Mr. Hatfield and Counsel Espar regarding Mr. Guy’s request to distribute flyers for service. Mr. Hatfield explained in order for Mr. Guy to solicit for services for repair work he would need to be a registered contractor with the City. President Janus asked if there were any other comments from the public. There was no response. BOARD COMMENTS President Janus asked if there were any other Board comments. There was no response. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 10:35 a.m.). Vice-President Carnes made the motion to adjourn. The motion was seconded by President Janus and carried as follows: AYES: MEMBERS Janus and Carnes (2). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk