Board of Public Works & Safety

REGULAR MEETING – October 20, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, October 20, 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 Russ Hatfield, Code Enforcement Officer Terry Borolov, Code Enforcement Officer Chief Mark Swistek, M.C.P.D. Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Donna Pappas, City Controller Judy Pinkston, Director Community Development Amber LaPaich, City Attorney SoJo Atwater, Human Rights Kalon Kubik, Mayor’s Administrator Bob Zondor, Superintendent Central Services Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of October 6, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of October 6, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. FORMAL COMPLAINT – Placing of “No Parking Signs” President Janus addressed the Formal Complaint the Board received regarding the placement of “No Parking” signs on Grace Street. Albertine Allen resident of Grace Street addressed the Board stating she is grateful that the Board has placed the signs in front of the Church as there is a lot of loitering, drinking and carousing that goes on in front of that church; further stating she has lived on Grace Street for more than 45 years. Mrs. Allen stated she appreciates what the Board has done to help the residents on Grace Street. Regular Meeting – October 20, 2014 Page 2 Chief Mark Swistek, Michigan City Police Department addressed the Board stating he appreciates Mrs. Allen’s comments, and he also concurs that it was the right decision by this Board when implementing the “No Parking” in the 300 block of Grace Street. Chief Swistek informed the Board about a Facebook video that shows all of the loitering, drinking, carousing, domestic disputes, disorderly conduct; stating those are the types of behavior out there that the Police Department has been struggling with for some years. Chief Swistek went on to address the letter that was received by the Board and the video that was presented to them, and further informed the Board that due to the narrowness of the street this was another reason they wanted the signs posted to help with vehicular and pedestrian safety; applauding Lt. Loniewski for bring this matter to the Board. President Janus stated the letter will be placed on file. AMENDED AGREEMENT – ACUITY Environmental Solutions Corporate Counsel John Espar addressed the Board stating the License Agreement was previously approved by the Board, and after approval the contractor/consultant who is scoping out and planning the remediation work had a number of changes including the number of monitoring wells that would be accessed were reduced, and requesting additional time from the previously authorized sixty (60) days to ninety (90) days. Counsel Espar explained with the Board’s approval he would execute an agreement that authorized those changes. Vice-President Carnes made the motion to authorize the Amendments to the ACUITY Agreement. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. AMENDED M.O.U. – Memorandum of Understanding Between the Michigan City Board of Public Works and Safety and the Michigan City Area Schools – For Assignment of Police- School Liaison Officers Corporate Counsel John Espar presented the following amended M.O.U. for the Board’s approval: MEMORANDUM OF UNDERSTANDING BETWEEN THE MICHIGAN CITY BOARD OF PUBLIC WORKS AND SAFETY AND THE MICHIGAN CITY AREA SCHOOLS – FOR ASSIGNMENT OF POLICE-SCHOOL LIAISON OFFICERS WHEREAS, the Michigan City Area Schools wishes the City of Michigan City, Indiana, by and through the Board of Public Works and Safety, to provide up to two (2) police officers to work between the Michigan City High School and each Michigan City Middle School on a daily basis during the school year, all of which is hereafter referred to as the “Program;” and WHEREAS, the City of Michigan City is in agreement with providing up to two (2) police officers based upon this Memorandum of Understanding. WHEREAS, the Michigan City Area Schools and the Michigan City Common Council entered into substantially identical resolutions whereby the City of Michigan City agreed to provide one (1) liaison officer to the Michigan City Area Schools at no cost for a period of five (5) years, commencing with the 2012-13 school year at no cost and one (1) liaison officer at the annual cost of forty-four thousand dollars ($44,000) to the Michigan City Area Schools – the later officer being provided at the discretion of the school board. Regular Meeting – October 20, 2014 Page 3 NOW, THEREFORE, the parties mutually agree to the following understandings for the assignment of up to two (2) police officers to serve as liaisons to the Michigan City High School and each Middle School. Those understanding and agreements are as follows: 1. This Memorandum of Understanding shall is for the one (1) year term corresponding to the 2014-2015 school year. 2. The City of Michigan City, a municipal corporation, shall provide to the Michigan City Area Schools up to two (2) police officers, who shall be assigned to the high school and middle schools, which officers will also provide work during their work day as needed. The school year will begin with one police officer assigned to the high school. The first such officer shall be provided to the Michigan City Area Schools, free of charge. 3. The Michigan City Area Schools shall determine when or if a second police officer is assigned to the school liaison position. If the Michigan City Area Schools elects to utilize a second liaison officer, the City of Michigan City shall provide the second officer at the agreed upon rate of forty-four thousand dollars ($44,000) for the year, payable in four (4) equal quarterly installments. 4. Officers assigned to the Program shall continue to be subject to all Michigan City municipal corporation rules and regulations and Police Merit Commission rules and regulations, and shall be bound by the Fraternal Order of Police, and all of said agreements and terms therein shall be honored by the Michigan City Area Schools. In addition, the City of Michigan City shall provide all Workers’ Compensation insurance coverage, liability insurance coverage and automobile insurance coverage for the officers who shall continue and remain employees of the City of Michigan City, Indiana. 5. All Union contract working conditions and in addition thereto, all rules and regulations of the City of Michigan City, the Police Civil Service Merit Commission and the union contract shall be the working conditions under which the police officers shall function as said officers will continue to remain employees of the civil City of Michigan City, and the School Corporation agrees to comply with these agreements. 6. The Michigan City Area Schools shall provide each officer an office location at their respective school location(s) and shall further comply with the job description attached hereto as Exhibit A and here incorporated in its entirety. IN WITNESS WHEREOF, the Parties hereto, with their signatures below, freely and voluntarily agree to the terms hereof, and acknowledge that each has sufficient and proper authority to enter into this Memorandum of Understanding and to bind their respective corporation. All of which is acknowledged and agreed to this 20th day of October, 2014. EXHIBIT A 1. Provide law enforcement and police services to the school, school grounds and areas adjacent to the school. Investigate allegations of criminal incidents per police department policies and procedures. Enforce state and local laws and ordinances. Make appropriate referrals to juvenile authorities or other governmental agencies. 2. Work to prevent juvenile delinquency through close contact and positive relationships with students. In addition the SRO shall develop crime prevention programs and conduct security inspections to deter criminal or delinquent activities. The SRO should monitor crime statistics and work with local patrol officers and students together to design crime prevention strategies. 3. Establish and maintain a close partnership with school administrators in order to provide for a safe school environment. Assist school officials with their efforts to enforce Board of Education policies and procedures. Ensure school administrator safety by being present during school searches, which may involve weapons, controlled dangerous substances or in such cases that, the student’s emotional state may present a risk to the administrator. Assist school administrators in emergency crisis planning and building security matters. Provide a course of training for school personnel in handling crisis situations, which may arise at the school. 4. Be visible within the school community. Attend and participate in school functions. Build working relationships with the school’s staff as well as with student and parent groups. 5. Work with guidance counselors and other student support staff to assist students and to provide services to students involved in situations where referrals to service agencies are necessary. Assist in conflict resolution efforts. Regular Meeting – October 20, 2014 Page 4 6. Initiate interaction with students in the classroom and general areas of the school building. Promote the profession of police officer and be a positive role model. Increase the visibility and accessibility of police to the school community. Counsel Espar explained the language change he made to the M.O.U. to the Board; stating the M.O.U. previously approved by the School Board did not contain the Exhibit A, which outlined the duties of the Liaison Officer, and the officer being provided free of charge was the result of the agreement between the Michigan City Area Schools and the City of Michigan City in the exchange of the property that is now sited for the new police station. Counsel Espar advised he wanted to clarify the underlining agreement to the free resource officer, outline the number of years that remains under that agreement; and with that has prepared a modified agreement between the two boards that the Michigan City Area School Board will have to adopt after this Board executes the M.O.U. Michael Palmer made a motion to approve the Amended M.O.U. with the Michigan City Area Schools for the Police Liaison Officers. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. RESIGNATION – Michigan City Police Department respectfully informs the Board of the resignation of Officer Ron Skibins effective October 3, 2014 The following correspondence was received in the City Clerk’s Office on October 7, 2014 from Officer Ron Skibins: I, Officer Ron Skibins herewith tender my resignation from the Michigan City Police Department. It is requested that my resignation be effective at the end of business day 10/3/2014. Note: For Informational Purposes Only 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 10/15/2014 $391,939.42 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Regular Meeting – October 20, 2014 Page 5 Page Date Amount 1 of 4 10/15/2014 $196,283.77 1 of 1 10/20/2014 $44,974.14 UNFINISHED BUSINESS – Pending Items Pending Item – Agreement with ACUITY for Franklin Street project Corporate Counsel John Espar addressed the Board stating the item was previously approved and can be removed from the Pending Item list. Pending Item – Austyn Crites, 210 Maple Street – installation of parking posts in alley Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he spoke with Mrs. Combs from the Michigan City Housing Authority last week and again this morning, who informed him that she is looking into this and is having her maintenance personnel looking into it to see if there is any assistance they can offer. Lt. Loniewski recommended this remain TABLED until he hears back from them. Pending Item – Sale of City Property-725 E. Michigan Boulevard, Sel Dunlap Corporate Counsel John Espar addressed the Board regarding the request for the purchase of city property located at 725 E. Michigan Boulevard by Mr. Sel Dunlap; stating this was an inquiry, and he informed the Board at the last meeting that the particular piece of property is not owned by City proper and is in fact owned by the Redevelopment Commission subject to their jurisdiction. Counsel Espar explained Mr. Phillips wanted an opportunity to speak to the Redevelopment Commission regarding any interest they may have in that property. Counsel Espar stated just as recently as 2013 for the sum of $22,400.00 the Redevelopment Commission purchased the property. Counsel Espar advised this item could be removed from the Pending Item list and refer the interested party to the Redevelopment Commission. Pending Item – 1720 Franklin Street, Panini Panini requests street light in alley, bike racks and garbage cans Charles “Spike” Peller, City Engineer addressed the Board regarding the location for the placement of the light in the alley and funding for that. President Janus stated the item would be held over until the next meeting. Pending Item – City Street Signs Charles “Spike” Peller, City Engineer addressed the Board stating he is still working with the Planning Department on this. Regular Meeting – October 20, 2014 Page 6 Pending Item – Request for signage to identify US HWY 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board stating he is still working with the Planning Department on this. Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding vehicles driving the wrong way on Pine and Washington Streets. Mr. Peller advised he is working with the Consultants to try to figure out what to recommend; further advising the City cannot do anything on INDOT property, but they can make recommendations. Further discussion ensued between the Board, Corporate Counsel John Espar and Mr. Peller regarding the deficient signage placed on Pine and Washington Streets as to the standards established by the Uniform Traffic Device Control Manual; and the City’s responsibility to remedy this. Pending Item – Request for Honorary Street Signs-Leon Coleman Jr. on Karwick Road Charles “Spike” Peller, City Engineer addressed the Board stating this is done and can be removed from the Pending Item list. Pending Item – Request for Handicap Parking sign - Katherine Scott 701 S. Dickson Street Charles “Spike” Peller, City Engineer addressed the Board regarding the placement of handicap parking signs; referring to material that was given to the Board. Mr. Peller stated he would work with Corporation Counsel to codify that; further expressing he needed to know if this would be a Board policy or an Ordinance by the Common Council. Corporate Counsel John Espar addressed the Board regarding some of the recommendations the Task Force has made, and that the Task Force has not resolved all the issues including the idea of a cost sharing arrangement with the installation of signs or if this will be an annual renewal process; this being a policy for the Board of Public Works and Safety or an Ordinance of the City Council. Counsel Espar suggested another meeting be scheduled with the Task Force. Pending Item – 315 N. Dickson Street installation of street light Charles “Spike” Peller, City Engineer addressed the Board stating NIPSCo has been notified to place the street light; it has not been installed yet. Pending Item – Holiday Street south of R.R. tracks-street lights Charles “Spike” Peller, City Engineer addressed the Board stating he went out and looked, and there are essentially street lights between Holiday Street and Michigan Boulevard at all the intersections, but not mid-block; furthering explaining if the City were to put street lights up mid-block new poles would need to be put up. Mr. Peller advised the Board he wanted Regular Meeting – October 20, 2014 Page 7 to speak with the Police Department and Traffic Division to see what their records state, and then make a recommendation to the Board. Pending Item – Request for Handicap Parking Sign-Effie Lee Williams – 320 Pleasant Avenue Charles “Spike” Peller, City Engineer, addressed the Board stating the Handicap Parking Task Force is working on this. Pending Item – 202 Hilltop Charles “Spike” Peller, City Engineer addressed the Board regarding 202 Hilltop stating this will be advertised shortly and will be moving along with that project. Pending Item – CSX request for guardrail and curve ahead signage Charles “Spike” Peller, City Engineer addressed the Board regarding the request stating he has a design and is working with CSX to get approval to work on their property for this. Pending Item – 210 N. Lake Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he is still working with Chief Martin of the Michigan City Fire Department and Sanitary District; explaining this is not going to be an easy proposition, but will be taken care of. Pending Item – Crosswalk Michigan City High School Charles “Spike” Peller, City Engineer addressed the Board regarding the crosswalk project for the Michigan City High School stating he has the plans and specifications set out and has received a cost to do this under the “streets and sidewalks program” with Reith-Riley as most of this work is sidewalks. Mr. Peller stated that Corporate Counsel John Espar is working on the M.O.U. which may be ready for the next School Board meeting. Discussion ensued between the Board and Mr. Peller regarding the proposed area having a pedestrian lane on Pahs Road; asking where the City property is and where the County property is along Pahs Road. Mr. Peller explained the school is City property and the surrounding area is County property; further explaining the north side of the school is more City property than on the south side. Mr. Peller stated he will look into this and speak with Councilwoman Boy regarding her concerns. Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board stating he met with the owner and now has a signed approved change regarding the redesign of the curbing around the utility pole; and continues working with AT&T to get their pole moved. Regular Meeting – October 20, 2014 Page 8 Pending Item – 111 Franklin Street (Ice Cream Parlor) Russ Hatfield, Code Enforcement Officer addressed the Board stating Mr. Ziola has been in contact with him all of last week; and is present today. Mr. Hatfield stated N.I.P.S.Co has the gas line in, and the heating contractor pulled a permit to install the heating and ventilation equipment so the interior build-out can continue. Mr. Ziola addressed the Board stating they are in the process of working on a contact for sale, and for lease with Tommy B which is Tommy McDermet’s grou, which is with their lawyer at this time, for Swingbellys and the Ice Cream Parlor (both parcels). Discussion ensued between the Board, Corporate Counsel John Espar and Mr. Ziola regarding the refinancing of the properties. Mr. Ziola explained that if Tommy B’s buys Swingbellys that would take care of that; and the refinancing has not closed yet due to title work. Further discussion ensued between the Board and Mr. Hatfield regarding the Order to Repair transferring over to the new owners; and the Order to Repair and the Order to Demolish being filed. Mr. Hatfield informed the Board that both were filed and he is just waiting for the “recorded” paperwork to come back to him; further advising the Board that he has set the hearing date for the Order to Demolish for November 17, 2014, and at that time the Board can either enforce, rescind or modify the Order. Mr. Ziola stated by that time they should at least have a signed contract and have enough money to finish both projects. Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating he would still like to keep this on hold for the time being. Discussion ensued between the Board and Mr. Hatfield regarding the item questions he was to discuss with Corporate Counsel John Espar. Mr. Hatfield stated he will be meeting with Counsel Espar after this meeting. Pending Item – 812 Manhattan Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 812 Manhattan Street, stating President Janus has relayed to him that he has had some correspondence with the owner, and it sounded like he was going to do some voluntary action, but the owner still has never contacted him, so he is going to continue on with the Notice to Bidders which he will ask to be received on November 17, 2014. Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard stating he does have the bid specifications all together and will be meeting with Counsel Espar on this. Regular Meeting – October 20, 2014 Page 9 New Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board stating the owner is going to get the outside all buttoned up and weather tight within the next couple of weeks and then will rehabilitate the interior. Vice-President Carnes asked for a specific date/deadline on this project. Mr. Hatfield advised he will be sending an official written “notice”, instead of just a verbal so he has written documentation of the “notice”. Pending Item – Sinking/receding property at northwest corner of Franklin & 7th Streets Russ Hatfield, Code Enforcement Officer addressed the Board regarding the sinking/receding property at the northwest corner of Franklin and 7th Streets, stating the Sanitary District has found no evidence of any open sewer lines, no dirt on the City’s end coming into the sewage system; so he will be getting with the owner to see what they can do to fill some of the holes, especially the ones along the edge of the sidewalk that could be a safety issue for pedestrians. PUBLIC COMMENTS President Janus asked if there were any comments from the public. Kathryn Scott, 701 S. Dickson Street addressed the Board regarding the handicap parking sign for in front of her residence and also, the “No Parking in Alley” signs for behind her residence to prevent the continuing parking that occurs there. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he will go out and look at the alley to see if signs are needed to enforce blocking the alley, and will report back at the next meeting. President Janus asked if there was anyone else from the public who wished to address the Board. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. President Janus addressed the Board and City Engineer Charles “Spike” Peller regarding Michigan Boulevard Phase II completion date; advising Friday was the 17th and construction is still occurring today. Mr. Peller addressed the Board explaining one of the last things they were to do was to put down the “thermoplastic” stripping which they could not do in the rain; and they will get a 3-4 day extension to complete that. Mr. Peller advised the Board of some of the other issues with the project which include: NIPSCo getting power to some of the traffic signals; shoulder work that needs to be completed; and installation of the guardrails where underground utilities were located. Mr. Peller stated they will be done this week; explaining the rules and Regular Meeting – October 20, 2014 Page 10 regulations that are followed in projects like this. Mr. Peller informed the Board that at tomorrow night’s Council meeting a representative from American StructurePoint will be there to give an update on the project. Mr. Peller stated the project is on budget. Discussion ensued between the Board and Mr. Peller regarding conditions at the bridge. Mr. Peller explained the bridge belongs to the County and they are trying to work this out with them. 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 9:30 a.m.). Vice-President Carnes made the motion to adjourn. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk