Board of Public Works & Safety

REGULAR MEETING – January 19, 2016 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, January 19, 2016 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, Michael Palmer and Virginia Keating (3). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Jessica Gage, Assistant City Planner Craig Phillips, City Planner Charles “Spike” Peller, City Engineer Mike Neulieb, M.C.F.D. Firefighter Kalon Kubik, Administrator Terry Borolov, Code Enforcement Officer Sergeant Darren Kaplan, M.C.P.D. Traffic Division Chief Mark Swistek, M.C.P.D. 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 January 4, 2016. Vice-President Palmer made the motion to approve the minutes as presented. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion carries. REQUEST FOR ROAD CLOSURE FOR CITY BY THE LAKE TRIATHLON Police Chief Mark Swistek addressed the Board about the triathlon; stating this is an annual event and the Park Department participates in each year, as well as the Police Department provides Police presence at the event; and the Police Department has no objections. Corporate Counsel Amber Lapaich addressed the Board stating that the Park Board has already approved this request; and has forwarded a copy of the Park Boards agreement with Northwest Athletics Club to the Board; further stating, it does have an error with the dates; that being the agreement says August 13 and 14, and should say August 12 and 13; advising Sharon Eason and Jeremy Keinitz have been notified of this error and it will be taken back to the Park Board to be corrected. Virginia Keating made the motion, subject to insurance, to approve the Northwest Athletic Club Triathlon which is scheduled for August 12 and August 13, 2016. The motion was Regular Meeting – January 19, 2016 Page 2 seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR RE-EVALUATION FOR 15 MINUTES PARKING SIGN AT 218 W. 7TH ST Suzanne McGinnis 30 Marine Dr., Michigan City addressed the Board stating that she has copies of the minutes from December 2013. Ms. McGinnis stated that it was noted in the minutes that it was passed as a trial basis and it has been two years; advising for those not familiar, these parking spots are in front of 218 W. 7th Street which is Lange’s Market. Ms. McGinnis stated the mall, Café Elite, McGinnis Pub, Barker Mansion, Top Dog and Lange’s Market all use parking along this stretch of 7th Street from Wabash to Washington Street, and the 15 minute parking spots benefit no one on that street but the property at 218 W. 7th Street. Ms. McGinnis gave examples of several times during the year when parking is an issue along this route, and considering the number of days Lange’s Market is closed these signs do not benefit the City. Ms. McGinnis is not aware of any other 15 Minute Parking signs within the City, or any other specialty signs other than handicap signs. Ms. McGinnis is now asking to have these signs removed. Jessica Gage, Assistant City Planner advised she was unfamiliar with this and referred it to the City Planner, Craig Phillips; stating there was a study done for the parking downtown but Mr. Phillips would have more information on it. Corporate Counsel Amber Lapaich suggested this be referred to the Planning Department. Virginia Keating made a motion to refer the matter to the Planning Department and report back at the next meeting on Monday, February 1, 2016. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR VENDOR LICENSE BY STEPHEN PLEW Stephen Plew, 610 Colfax Ave, Apt. 4 appeared before the Board. Discussion ensued between Corporate Counsel Amber Lapaich and Mr. Plew about the start date and end date; it was decided that Mr. Plew would start January 20, 2016 and go for one month therefore ending on February 19, 2016 to see how this goes. Discussion continued between Corporate Counsel Amber Lapaich and Mr. Plew about the hours of operation which was decided to be 8:00 AM – 4:00 PM. Corporate Counsel Amber Lapaich advised that if Mr. Plew planned on renewing his request, he would need to submit a renewal request to the Board of Works. Discussion ensued between Virginia Keating and Mr. Plew about where in town he would start, Mr. Plew stated the Edgewood neighborhood. Virginia Keating made a motion to approve the vendor license for a period of one (1) month subject to renewal and subject to the Certificate of Liability Insurance being submitted. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. AGREEMENT WORKERS COMPENSATION EXCESS RENEWAL Regular Meeting – January 19, 2016 Page 3 Charles Keene, General Insurance Services, addressed the Board to seek approval to move forward with the self-insured Workers Compensation program; stating the annual anniversary of the program is January 15, 2016; and the City entered into a self-funding Workers Compensation program arrangement on January 15, 2008 which the Sanitary District joined on April 1, 2010. Mr. Keene advised this program has three components, 1) the TPA arrangement with CMI York, which Mr. Keene is not present today to get approval on because there was a three (3) year renewal two (2) years ago; 2) the excess coverage with is Safety National Insurance Company; and 3) the buffer layer with Great American E & S Insurance Company. Mr. Keene explained a meeting was held on January 6, 2016 to review the terms of the TPA, as well as the excess carrier, attended by Richard Murphy, Yvonne Hoffmaster, Shelley Dunleavey, Attorney Amber Lapaich representing the City, Attorney Jim Meyer representing the Sanitary District, Tom Cipares and Charles Keene representing General Insurance Services; and a presentation was made to the Sanitary District on January 13, 2016, and their Board approved the continuation of the Workers Compensation program. Mr. Keene discussed the fees and what was included within the terms of the Agreement; recommending the City and Sanitary District continue with the Workers Compensation self- funding program; further advising, that the City budgets $446,000 per year for their loss fund and the Sanitary District budgets $120,000 per year, and the State Board of Accounts allows you to build up reserves for future claims; stating the 2016 Renewal cost would be $175,068.00 total. Vice-President Palmer made a motion to renew the Workers Compensation program for 2016 with General Insurance Services in the amount of $175,068.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. NOTE: Copy of the Agreement is filed in the City Clerk’s Office. REQUEST TO SOLICIT BIDS FOR 150’ COMMUNICATION TOWER AT NEW POLICE STATION Police Chief Mark Swistek addressed the Board with an update about being approved by the Board of Zoning and Appeals to place a 150’ Communications Tower at 1201 E. Michigan Blvd. Chief Swistek advised he would like to seek bids for the construction of the communications tower. Chief Swistek stated that there are two (2) companies that he knows of that would place a bid to construct this tower; however, he does want to make sure that when this tower is constructed it would not only hold the antennas for the Police Department but would also hold the antennas for the ones that are located at City Hall as well, the department would still be able to move into the new building without the tower being up as they would still be able to utilize the tower at 102 W. 2nd Street, however, the building is set to be demolished at some point so there does need to be a new tower at the new site. Discussion ensued between Craig Phillips and Chief Swistek about the tower at City Hall, it’s purpose and removal. Vice-President Palmer made a motion to allow Chief Swistek to solicit bids for the construction of the 150’ communication tower on the property of the new police station on Michigan Boulevard subject to review by Corporate Counsel Amber Lapaich with bids to be returned to the Board of Public Works and Safety by Monday, March 7, 2016 by 9:00 AM. Regular Meeting – January 19, 2016 Page 4 The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: None (0). Motion Carries. INDIANA DEPARTMENT OF TRANSPORTATION REQUEST FOR FINAL INSPECTION Charles “Spike Peller, City Engineer, stated the Board has been provided with the document from the Indiana Department of Transportation asking to close out the project. Mr. Peller stated the project has been inspected and everything is in order; recommending the Board approve. Virginia Keating made a motion to accept the Indiana Department of Transportation Report of Final Inspection and the recommendation provided by the City Engineer. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. ALLIANCE FOR THE GREAT LAKES COMMUNITY INVOLVEMENT; GREEN INFRASTRUCTURE IMPLEMENTATION WABASH STREET SEWER Craig Phillips, City Planner, addressed the Board with regards to the Wabash Street Improvement Project; advising this is the required public outreach and education part of the contract. Mr. Phillips explained there would be three workshops, one for public officials, one focusing on city staff, and the third helping the property owners adjacent to the Amenities on Wabash Street; that this contract has already been reviewed by the Redevelopment Commission Attorney along with Corporate Counsel Lapaich; and the Redevelopment Commission did approve this contract at their last meeting. Vice-President Palmer made a motion to approve the Community Involvement; Green Infrastructure Implementation Wabash Street contract. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. CORRESPONDENCE FROM MICHAEL NEULIEB, PRESIDENT FIREFIGHTERS LOCAL 475 The following correspondence was received in the City Clerk’s office on January 12, 2016. Ms. Neulieb, The Firefighters Local 475 held there Union meeting on 1.5.2016. During that meeting I informed the body that the Republican Fire Merit Commissioner, Mr. Dave Gring, term had expired. At that time I asked the body if there were any nominations for that position and the body did not have a nominee. Therefore that Firefighters Local 475 will retain Mr. David Gring as the Republican Fire Merit Commissioner. Respectfully, Michael G. Neulieb, President Firefighters Local 475 Corporate Counsel Amber Lapaich explained the ordinance requires the Board to open up for nominations for this position, specifically nominations should be sought from active members from the Fire Department to seek a nominee for this position on the commission and specifically this person has to be a Republican candidate. Mrs. Lapaich has spoken with the commission’s attorney, and the Fire Department will be displaying the necessary notices at the various Fire Stations and any nominations should be received by this Board up until the time of the next Board meeting; and if there are no nominations at that time, then the floor will be closed and accept Mr. Gring, who is the current commissioner, and he will continue for another term. Virginia Keating made a motion to open up nominations to the active members of the Fire Departments to submit names to the Board of Public Works and Safety up until the next Regular Meeting – January 19, 2016 Page 5 meeting which is February 1, 2016. The motion was seconded by Vice-President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. CLAIMS AND PAYROLL Vice-President 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 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (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 6 01/08/2016 $370,166.04 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 01/14/2016 $1,584,186.63 1 of 1 01/14/2016 $91,811.73 UNFINISHED BUSINESS Disposition of Grievance President Janus stated the Board needed to make a determination regarding a Grievance from the last Board of Works and Safety meeting held on January 4, 2016. Vice-President Palmer stated the request was for employee A, who attended a class for eight (8) hours a day, for three (3) days. Vice-President Palmer made a motion to pay the employee for those three (3) days at eight (8) hours a day that he attended this class. The motion was seconded and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. Pending Items – “Do Not Litter” Signage on Warnke Road Craig Phillips, City Planner, reported that he has been doing some research, looking at the INDOT program for “Adopt a Highway” even though the area where the problem does exist is not in INDOT jurisdiction; advising the City could learn a lot from this program and Mr. Phillips feels he has learned a lot from this program so far and would want to coordinate with other departments if the City was to take something like this on. Mr. Phillips stated he does need to talk with Councilman Schwanke about just what he is looking for with this request, but there is a lot that is involved with putting this together. Regular Meeting – January 19, 2016 Page 6 Pending Items – Intersection of Tryon Rd. and Hwy. 212 Charles “Spike” Peller, City Engineer, advised he has contacted INDOT and they will look into this. Mr. Peller stated INDOT indicated they do not think there is reason for putting a signal there. Vice-President Palmer indicated it was 8:00 AM - 9:00 AM when the deliveries were being made, and the School Buses and traffic on Tryon Road were trying to cross Hwy. 212 and visibility to see down Hwy. 212 was terrible, and that the delivery trucks need to be kept away from the road way so traffic can see; asking that the delivery trucks be kept towards the back of the facility. PUBLIC COMMENTS 1216 TENNESSEE STREET Russ Hatfield, Code Enforcement Officer, addressed the Board advising that Sunday there was a structure fire at 1216 Tennessee Street, and he had to carry out an emergency demolition for community safety. Road Repair Paul Przybylinski, 1716 Washington Street, addressed the Board about road repair and signage for all the brick streets in Michigan City, which would include “No Truck” signs and weight class signs; advising Charles Street was repaired several years ago with the Washington Street sewer project and is now deteriorating. Replanting Trees and Replacing Soil Paul Przybylinski, 1716 Washington Street, is making a request to the Board to find money to replant and also find new soil type for Washington Street, as Washington Street has a grade going towards Barker Ave and they have put in some kind of inverted easements, and put in a different soil type and the residents have been fighting this ever since. Mr. Przybylinski stated there was 24” of top soil on the City’s easement, it was taken all away, and a different type of soil was brought in and it is only about 6”-8”; advising the trees that were brought in do not make it and several trees have been ran over and they have not been replaced even though it has been reported to the police department. Mr. Przybylinski’s concern is that if a project is going to be done, like the one at Wabash Street it just makes sense that it functions properly. M.C.P.D. Communications Tower Paul Przybylinski, 1716 Washington Street, stated the tower that the Board approved to go to bid, this 150’ tower will be higher than, the Blue Chip Hotel. Mr. Przybylinski would imagine that this would have warning lights on it, and the Board should be cautious at what unsightly offensive thing this will be; and a different tower on the same base to support these antennas but not as tall might be a better idea to consider. Regular Meeting – January 19, 2016 Page 7 Robert Rules of Order Paul Przybylinski, 1716 Washington Street, asked if the Board was supposed to run on the Robert Rules of Order; asking when there is a subject matter and the Board does not ask for public comment and the public has to wait till the end of the meeting to make a comment, how is the Board suppose to know how the public feels? President Janus stated the Board allows the Public input on anything. Discussion ensued between Mr. Przybylinski and President Janus about the publics input on matters brought in front of the Board, how the Board states Public Comment and how Mr. Przybylinski understood the Boards terminology. BOARD COMMENTS President Janus asked if there were any 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 9:48 am). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- President Palmer and carried as follows: AYES: MEMBERS Janus, Palmer and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk