Board of Public Works & Safety

REGULAR MEETING – December 15, 2014 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 15, 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 Lt. Jeff Loniewski, M.C.P.D. Traffic Division Charles “Spike” Peller, City Engineer Skyler York, Asst. Planning Director Donna Pappas, City Controller Amber LaPaich, City Attorney Kalon Kubik, Mayor’s Administrator Bob Zondor, Superintendent Central Services Shelley Dunleavy, Personnel Director Arber Himaj, Engineer Sanitary District Michael Kuss, Superintendent Sanitary District Craig Phillips, Planning Director Gale Neulieb, City Clerk Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of December 1, 2014. Vice-President Carnes made the motion to approve the minutes from the regular meeting of December 1, 2014. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CITY OF MICHIGAN CITY GROUP LIFE PROPOSALS – Jeff Peckat, Michiana Insurance proposal with Nationwide Group Life Shelley Dunleavy, Personnel Director addressed the Board explaining the renewal of the group life insurance with Nationwide is for a three (3) year guarantee with no price increase. Vice-President Carnes made the motion to approve the proposal with Nationwide and Michiana Insurance. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – December 15, 2014 Page 2 CITY OF MICHIGAN CITY BLANKET CRIME INSURANCE RENEWAL – Charles Keene, General Insurance Services Charles Keene, General Insurance Services addressed the Board explaining the renewal of the Blanket Crime Insurance with Travelers for the policy term January 1, 2015 to January 1, 2016; further explaining the coverage which includes: employee theft coverage, a faithful performance of duty clause which pertains to the City Controller, and money and security coverage for the considerable amount of cash exposure in Washington Park during the summer months. Michael Palmer made the motion to approve the renewal for the 2015 Blanket Crime Insurance with General Insurance Services and Travelers. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CITY OF MICHIGAN CITY WORKER’S COMPENSATION INSURANCE RENEWAL – Charles Keene, General Insurance Services Charles Keene, General Insurance Services addressed the Board explaining the renewal of the Excess Insurance and Buffer Layer Excess Insurance for the Worker’s Compensation program for the City of Michigan City and the Michigan City Sanitary District. Mr. Keene informed the Board that the program is administered by CMI-York, the Third Party Administrator, and the agreement was renewed last year for three (3) years to expire on January 15, 2017, and the rates will not change during this time period; Safety National is the Excess carrier, and Great American E & S Insurance Company is the Buffer Layer provider, which is new to the program this year. Mr. Keene stated General Insurance Services will be attending the Sanitary District meeting this Wednesday to present this as well. Mr. Keene explained the cost savings associated with the program, recommending the City of Michigan City and the Michigan City Sanitary District continue on with the Worker’s Compensation Self-Funded Program with the addition of the Buffer Layer Excess Option. Mr. Keene further explained the City of Michigan City should budget roughly $446,000.00 per year for their loss fund, and the Michigan City Sanitary District should budget $120,000.00 per year; and that State Board of Accounts allows both entities to build up reserves for future claims. Mr. Keene provided the Board with a cost break-down between the City of Michigan City and the Michigan City Sanitary District; explaining its roughly a 79% to 21% split based on projected payrolls for 2015. Discussion ensued between the Board and Mr. Keene regarding the specific retention kicking in for a claim in excess of $300,000.00 and the insurance paying the cost instead of the self-funding. Mr. Keene explained the Buffer Layer coverage would initiate at $300,000.00 and cover from there to the $500,000.00, and the Excess coverage would come in above $500,000.00. Mr. Keene stated in the last ten (10) years there have been four (4) claims since 2004 that are over $300,000.00; informing the Board there was a claim in 2012 in excess of $300,000.00 and fell in the Excess Coverage. Vice-President Carnes made the motion to approve the proposal for the Worker’s Compensation Excess Renewal and Buffer Layer Excess from General Insurance. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – December 15, 2014 Page 3 REQUEST FOR HONORARY STREET SIGN – Toni Simpson is requesting name change of 222 McClelland Avenue in honor and memory of Rebecca “Becky” Williams Founder and Director of the H.O.P.E. Program The following Correspondence was received in the City Clerk’s Office on December 3, 2014 from Toni Simpson: I am forwarding you this information requesting that this be considered for the upcoming agenda item at the next Board of Public Works meeting. If this request is granted could you contact Toni Simpson at (219) 902-9674 or Joan Chumley at (219) 879-4351. Type of Request: Request name change of 222 McClelland Avenue in honor and in the memory of Rebecca “Becky” Williams, Founder and Director of the H.O.P.E. Program. Thank you for your time and consideration. Joan Chumley, 832 Pine Street addressed the Board for Toni Simpson, asking what the proper procedure is to change a street name; further stating McClelland Avenue is a two (2) block long street with seventeen (17) houses on it, most of which are rentals. Discussion ensued between the Board, Corporate Counsel John Espar and Ms. Chumley regarding the proper procedure for the requested Honorary Street sign. Counsel Espar stated requests have come from a variety of sources and on occasion from the Mayor, however, the Board has not established a policy in which these requests must first be approved through the Mayor’s Office. Further discussion ensued between the Board, Corporate Counsel John Espar and Ms. Chumley regarding if the request was for an Honorary Street sign or to change the name of the street entirely. Ms. Chumley informed the Board this would be addressed after all the canvasing of the neighbors has been completed to get their input. Ms. Chumley inquired about dual naming where the street would be McClelland Avenue/Becky Williams Boulevard or if it would be the legal postal change of the street name; further inquiring who she would need to talk to regarding the proper procedure so they can address this efficiently. Corporate Counsel Espar stated outright changing the name of the street sign is unprecedented; further stating the better approach would be, and more likely granted, a Honorary designation, which occurs through this Board; and would certainly be appropriate for this Board to refer the request to the Mayor’s Office and other appropriate departments in the City for their consideration before action. Ms. Chumley stated she would work on getting a letter from the Mayor and present it to the Board for their consideration. SANITARY DISTRICT – Placement of groundwater monitoring wells – Lake Kai and vicinity Michael Kuss, Superintendent Sanitary District addressed the Board introducing Steve Sanford, Consultant with Weaver Boos Consultants; explaining the Sanitary District has been looking into the groundwater contamination that’s coming from the old Cy-tech facility/Criterion Catalyst who dumped some waste water that contained high-levels of nickel and molybdenum behind their property; further explaining this has caused some groundwater contamination and the actions to be taken to address this, which will include some groundwater monitoring wells placed within the City’s right-of-way, which will also include monitoring wells placed at Fire Station 2. Regular Meeting – December 15, 2014 Page 4 Steve Sanford, Consultant with Weaver Boos Consultants addressed the Board regarding the locations for the monitoring wells, stating they have a drilling contractor scheduled to begin work on Wednesday, December 17, 2014. Discussion ensued between the Board, Mr. Kuss and Mr. Sanford regarding the wells all being placed within the City’s right-of-way, possible street closures during the project and utilities located within the project area. Mr. Kuss stated the Sanitary District has a contract for the work to be performed and has obtained the proper certificate of liability insurance; and that the project will be paid for out of the Sanitary District’s storm water fund. Mr. Kuss explained he is working to get Cy-tech moving more quickly with their remedial efforts for this problem, and is also working with the State of Indiana on this process; recommending to the Board that this testing be performed. Michael Palmer made the motion to approve the project provided the City also gets a copy of their liability insurance as well as the Sanitary District’s liability insurance. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Further discussion ensued between the Board, Corporate Counsel Espar, Mr. Kuss and Mr. Sanford regarding the monitoring wells being permanent. Mr. Sanford explained the wells are a durable structure and can stay for as long as needed, and can then be removed; leaving the monitoring wells for future testing would give the City access should the sites need continued monitoring. Mr. Kuss addressed the Board regarding the motion for approval including permission for Cy- tech to install a monitoring well at Fire Station 2, which is part of their IDEM compliance project. Michael Palmer amended his motion to also include Cy-tech to install their monitoring well at Fire Station 2, and to also provide liability insurance to the City. The amended motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CONTRACT APPROVAL – Approval of NEW AVENUES Contract for 2015 EAP Services Shelley Dunleavy, Personnel Director addressed the Board explaining the contract before the Board is the annual renewal for the Employee Assistance Program with NEW AVENUES, who has offered to continue service next year with no cost increase. Discussion ensued between the Board and Mrs. Dunleavy regarding an “Exhibit A” that was supposed to be attached to the documents that showed the pricing. Further discussion ensued between the Board and Mrs. Dunleavy regarding this program being utilized in the past. Mrs. Dunleavy stated the City has been with New Avenues since 2009 when they took over the counseling services at the Madison Center; and this program has been renewed every year. Michael Palmer made the motion to approve the New Avenues contract for 2015. 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 – December 15, 2014 Page 5 CONTRACT APPROVAL – Approval of the 2015 FOP Contract Shelley Dunleavy, Personnel Director addressed the Board stating there are four (4) contracts before the Board for their approval; further explaining the Michigan City Common Council negotiated contracts in September and October with the FOP and the Michigan City Fire Department with the Unions approval of the 2% increase in pay for next year, and that the contracts were ratified by the members; asking the Board for approval. Mrs. Dunleavy stated this is the same for the Amalgamated Transit Union and AFSCME with the same 2% increase in pay for the next year with some minor language changes. Michael Palmer made the motion to approve the 2015 FOP contract as presented. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CONTRACT APPROVAL – Approval of 2015 Local 475 Fire Contract Michael Palmer made the motion to approve the 2015 Local 475 Fire contract as presented. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CONTRACT APPROVAL – Approval of 2015 – 2017 AFSCME Contract Vice-President Carnes made the motion to approve the 2015-2017 AFSCME contract. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CONTRACT APPROVAL – Approval 2015 – 2017 Amalgamated Transit Union Contract Vice-President Carnes made the motion to approve the 2015-2017 Amalgamated Transit Union Contract. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. UPDATED JOB DESCRIPTION – Updated Job Descriptions for Controller’s Office Shelley Dunleavy, Personnel Director addressed the Board explaining these job descriptions are for two positions which are new in the Controller’s Office in 2015; further stating these are funded positions for 2015. Vice-President Carnes made the motion to approve the job descriptions for Secretary I and Accounts Payable/Accounts Receivable Coordinator. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – December 15, 2014 Page 6 CHANGE ORDER REQUEST – Charles Peller, City Engineer – Michigan Boulevard Change Order #7 Charles “Spike” Peller, City Engineer addressed the Board explaining Change Order #7 covers additional work needed to install the guardrail on the south side of Michigan Boulevard near the Trail Creek bridge and on the north side near Leeds Avenue; further explaining the additional work was necessary per Indiana law and INDOT Construction Memorandum which requires only hand digging or vacuum excavating for guardrail posts installed when the guardrail is located within two (2) feet of a utility. Mr. Peller informed the Board that utilities were found at the location, and the cost of this extra work is $17,504.56, which will be funded by the P.O. that is down in Indianapolis for the project. Michael Palmer made the motion to approve Change Order #7 in the amount of $17,504.56. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. CHANGE ORDER – Charles Peller, City Engineer – Michigan Boulevard Project Change Order #8 (pot hole patching) Charles “Spike” Peller, City Engineer addressed the Board explaining Change Order #8 which covers the pot hole patching and winter road maintenance work done by Reith-Riley that was done in February, March and April 2014 in the construction zone; further explaining this work was required due to the deterioration of the Michigan Boulevard asphalt due to the weather and public use. Mr. Peller informed the Board that this Change Order covers payment for this work for INDOT specifications; further explaining this work did not qualify for the matching grant funding and would have to be 100% funded by the City, and the change Order is for $23,772.45. Mr. Peller explained the Construction Management Engineer with American Structurepoint has a preliminary close out of this job/project and there should be a significant “underrun” of roughly $200,000.00 which should cover the cost for this; further explaining this would be paid for through the Streets/Sidewalk program now, with the “underrun” monies re-directed back to that fund. Discussion ensued between the Board and Mr. Peller regarding the Change Order #8 for the pot hole patching and when it was performed. Vice-President Carnes made the motion to approve Change Order #8 for the Michigan Boulevard project. The motion was seconded by Michael Palmer 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: Regular Meeting – December 15, 2014 Page 7 Page Date Amount 1 of 6 12/05/2014 $514,583.36 1 of 1 12/02/2014 $45,997.82 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: Page Date Amount 1 of 4 12/11/2014 $393,710.11 1 of 1 12/11/2014 $3,680.35 UNFINISHED BUSINESS – Pending Items Pending Item – Crosswalk Michigan City High School Corporate Counsel John Espar addressed the Board regarding the Memorandum of Understanding; explaining he has been informed by the Attorney for the Michigan City Area School Board that he has approved the formal agreement and that it will be approved at the School Board’s next meeting. Charles “Spike” Peller, City Engineer addressed the Board stating the project will most likely begin in the Spring 2015. Pending Item – Request for 4-way stop at intersection of Ohio Street & Barker Avenue Charles “Spike” Peller, City Engineer addressed the Board stating he asked the City’s Consulting Engineer the cost of a “warrant study”, which would be about $4,200.00; further stating he looked at the situation and it is his opinion that the additional stop signs proposed might not have prevented these accidents; and that a “warrant study” would be required before the installation of additional stop signs at that intersection. Discussion ensued between the Board and Mr. Peller regarding speed limit signs posted along the Ohio Street corridor; the curve of the road with no posted “curve ahead” sign; and speed being the major problem in this area. Mr. Peller will work with Lt. Loniewski of the Michigan City Police Department Traffic Division to see what recommendation they could make regarding the installation of speed limit signs and other advisory signage. Pending Item – City Street Signs Charles “Spike” Peller, City Engineer addressed the Board stating he is still working with the Planning Department. Regular Meeting – December 15, 2014 Page 8 Pending Item – Two-way Street Conversion Charles “Spike” Peller, City Engineer addressed the Board stating he is working with the Planning Department. Craig Phillips, City Planner addressed the Board presenting a copy of the Request for Qualifications for the Washington Street, Pine Street, 9th Street Two-way Conversion Project; explaining at the Redevelopment Commission meeting they authorized the issuance of the “Request for Qualifications (RFQ)” for the Two-way street conversion project for Washington Street, Pine Street and 9th Street. Mr. Phillips further explained the reasons for the project and steps that will be taken; and that this RFQ is first step in the process to seek a consultant that will help the Redevelopment Commission to develop a final “scope” and cost estimate for the project. Mr. Phillips informed the Board that they intend to include a public input process with regards to this project. 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. Vice-President Carnes addressed Mr. Peller stating there was a member of the public present that would like to speak regarding this matter. Constance Everly, 1207 S. Woodland Avenue addressed the Board regarding the request; stating reasons for the request to be addressed immediately. Craig Phillips, City Planner addressed the Board and Mrs. Everly explaining there are two (2) projects now that directly coincide with the area being discussed; further explaining the involvement of INDOT with regards to the bridge replacement over Trail Creek at that intersection on US Hwy 12 which impacts what type of signage will be allowed in that area, and the Two-Way Street Conversion project that is being proposed for Pine, Washington and 9th Streets. Mr. Phillips informed the Board and Mrs. Everly that a sign could be put up that says US Hwy 12, but when directing vehicles to other highways this has to be coordinated with INDOT. Discussion ensued between the Board, Mr. Phillips and Mrs. Everly regarding the requested signage and the location of the sign. Mr. Phillips stated he will work with the City Engineer to get a quote to put up signs for Spring Street to the left and Michigan Boulevard to the right as you come from the west on US Hwy 12. Pending Item – 315 N. Dickson Street installation of street light Charles “Spike” Peller, City Engineer addressed the Board stating the light has been installed; and this could be removed from the Pending Item list. Regular Meeting – December 15, 2014 Page 9 Pending Item – Intersection of Greenwood and Woodland Avenues Charles “Spike” Peller, City Engineer addressed the Board regarding the redesign of the curbing at Greenwood and Woodland Avenues, stating he just received information that the transformer has been moved and the old pole has been removed. Mr. Peller advised he has spoken to the Contractor and unless the Board absolutely has to have this done now, it would be addressed in the Spring 2015. Discussion ensued between the Board and Mr. Peller regarding removing the “pinch point” for the time being and addressing the reconstructing of the area in the Spring 2015. Pending Item – Deaf Child Sign-Pricilla Morris, 1021 Salem Street Bob Zondor, Superintendent Central Services addressed the Board stating the signs were installed and the item could be removed from the Pending Item list. Charles “Spike” Peller, City Engineer addressed Corporate Counsel John Espar “thanking” him for all the work he has done for this Board and the City of Michigan City; wishing him the best of luck in his next adventure. President Janus addressed Corporate Counsel John Espar and “thanked” him for all his hard work. Pending Item – 1720 Franklin Street, Panini Panini requests street light in alley, bike racks and garbage cans Craig Phillips, City Planner addressed the Board stating he has nothing new to report yet on the request for the installation of trash receptacles in the mid-town area near Panini Panini. Pending Item – 111 Franklin Street (Ice Cream Parlor) Russ Hatfield, Code Enforcement Officer addressed the Board stating this is still on schedule to solicit for bids on January 5, 2015; and that he has had no communications with the current owners or perspective buyers. Discussion ensued between the Board and Mr. Hatfield regarding notification of the current owner that the Board is proceeding with the demolition of the property. Mr. Hatfield informed the Board that all entities that have any type of significant interest there does get a certified notice and it’s also posted in the paper. 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, “thanking” the Michigan City Parks Department in assisting him in getting the snow fence up to protect anyone from stepping off the sidewalk; and will continue to work with the owner, however, it may be spring before they can get any dirt in there to fill the holes. Regular Meeting – December 15, 2014 Page 10 Pending Item – 915 Green Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 915 Green Street, stating this is still on hold. Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard, stating this is still set to be in front of this Board on January 5, 2015. Pending Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board regarding 1110 Washington Street, stating he did not receive a timeline for the project and has seen no activity at that property for probably thirty (30) days, and will be issuing a Formal Order to Repair that will be before this Board. Pending Item – Wells Chair Building Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property, stating this will fall under the Property Maintenance Program that will be put into effect. New item – Combs Street and Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property, stating he is starting the demolition process on that. PUBLIC COMMENTS President Janus asked if there was anyone from the public who wished to address the Board. Amber LaPaich, City Attorney addressed Corporate Counsel John Espar “thanking” him for his dedication to the City, and for being a wonderful boss in their office. 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. Michael Palmer addressed the Board stating this is directed to City Planner Craig Phillips and the Michigan City Mainstreet Association, that the lights on Franklin Street look wonderful and he has heard a lot of positive comments on that; and Good Job! Regular Meeting – December 15, 2014 Page 11 Michael Palmer addressed Corporate Counsel John Espar “thanking” him for all his assistance; and is looking forward to working with the City’s new Corporate Counsel Amber LaPaich. Michael Palmer wished a Happy Holidays to all the City TEAM, as well as the Board members and all of Michigan City; and see you next year. President Janus asked if there were any other Board comments. Vice-President Carnes addressed the Board “thanking” Corporate Counsel John Espar for his service and for patiently answering her questions; and is looking forward to working with Ms. LaPaich in the upcoming year. President Janus stated with no other business to discuss he wished everyone a Merry Christmas and Happy New Year. 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 9:57 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