Board of Public Works & Safety

REGULAR MEETING – March 20, 2017 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, March 20, 2017 at the hour of 8:30 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, Richard Murphy and Virginia Keating (3) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, City Attorney Russ Hatfield, Code Enforcement Sue Downs, Code Enforcement Aaron Borngraber, Associate City Planner Charles “Spike” Peller, City Engineer Lt. Jeff Loniewski, M.C.P.D. Craig Phillips, City Planner Shannon Eason, Admin. Director Park Department Judy Pinkston, CDBG Director Gale Neulieb, City Clerk Jennifer Clouse, City Clerk Secretary APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of March 6, 2017. Vice-President Murphy made the motion to approve the minutes as presented. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2017 Village Green Rehabilitation Project Phase 2 President Janus asked if anyone present wished to submit a bid at this time, there was no response. Vice-President Murphy made the motion to close the acceptance of bids for the 2017 Village Green Rehabilitation Project Phase 2. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Corporate Counsel Amber Lapaich stated there were three (3) bids and they were as follows: Walsh and Kelly, Inc. $415,809.24 Base Bid $207,841.99 Alternate A $258,574.69 Alternate B $177,379.07 Alternate C $216,257.12 Alternate D Woodruff and Sons, Inc. $558,737.60 Base Bid $274,357.17 Alternate A $265,246.46 Alternate B $236,821.76 Alternate C $216,770.90 Alternate D Reith-Riley Construction Co., Inc. $365,329.86 Base Bid $170,818.15 Alternate A $166,588.54 Alternate B $148,265.41 Alternate C $146,885.29 Alternate D Vice-President Murphy made the motion to refer the bids for the 2017 Village Green Rehabilitation Project Phase 2 to the City Engineer, Human Rights Director and City Attorney for review and tabulation and report back at the April 3, 2017 meeting. The motion was seconded Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF BIDS – 2017 Fuel – Unleaded & Diesel Regular Meeting – March 20, 2017 Page 2 President Janus asked if anyone present wished to submit a bid at this time, there was no response. Virginia Keating made the motion to close the acceptance of bids for the 2017 Fuel – Unleaded & Diesel. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). Corporate Counsel Amber Lapaich stated there were five (5) submissions; explaining the solicitation of fuel bids is unique from other solicitation of bids further explaining a dollar figure will not be read, but the vendors will be submitting the necessary paperwork to create a pool to regularly solicit fuel bids from; they are as follows: Al Warren Oil Lykins Energy Solutions Petroleum Traders Corporation Co-Alliance LLP. Knoll Brothers, Inc. Corporate Counsel Amber Lapaich requested that the packets be referred to herself, City Attorney; Mr. Zondor, Central Services; and Mr. Deuitch, Human Rights for review as to all ascertain that the correct paperwork has been submitted. Virginia Keating made the motion to refer the bids of the 2017 Fuel – Unleaded & Diesel to the City Attorney, Central Services and Human Rights for review and tabulation and report back at the April 3, 2017 meeting. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR STREET CLOSURE – Kim Gondeck, Queen of All Saints Parish, is requesting the closure of Barker Avenue from Woodland to Carroll Avenue for their Annual Parish Festival on June 8-11, 2017 The following request was received in the City Clerk’s Offices on March 8, 2017 by Kim Gondeck: Closing Barker Avenue from Woodland to Carroll Avenues during festival operating hours. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating there were no objections with this request; the last couple of years the church has done a good job of hiring additional officers; recommending approval. Corporate Counsel Amber Lapaich addressed the Board stating the insurance is in order, however it looks like the policy expires prior to the event; Counsel Lapaich asked for an updated Certificate of Insurance as least 30 days before the event. Virginia Keating made the motion to approve the Queen of All Saints closure of Barker Avenue from Woodland to Carroll Avenues for the Annual Parish Festival on June 8-11, 2017 hours being Thursday 5 pm-10 pm, Friday 5 pm-12 am, Saturday 12 pm – 12 am, and Sunday 12 pm - 10 pm. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. ANNUAL TOWER RUN REQUEST – Michael Sewell, Piranhas President and Tower Run Director is requesting approval for the 24 th Annual Tower Run to be held on Sunday, September 17, 2017 starting at 8:00 am The following request was received in the City Clerk’s Office on March 15, 2017 by Michael Sewell: Need to block roads by Beachwalk, hill at the zoo that leads to tower and a few other areas. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating this is a well- organized annual event; further stating this has gone on for the last 24 years; recommending approval. Corporate Counsel Amber Lapaich stated their insurance has not been submitted so the approval would be subject to the Tower Run timely submitting the Certificate of Insurance. Michael Sewell, Piranhas President and Tower Run Director, 403 Butler Street addressed the Board stating that the Certificate of Insurance would be received in the City Clerk’s Office this week, further explaining that Mr. Sewell wanted to make sure the event was approved first before obtaining the insurance. Vice-President Murphy made the motion to approve the request for the 24th Annual Tower Run on Sunday, September 17, 2017 starting at 8:00 am. The motion was seconded by Regular Meeting – March 20, 2017 Page 3 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy, and Keating (3). NAYS: None (0). Motion Carries. VENDOR LICENSE – Gregory Burt, AT&T Entertainment Group, is requesting a door to door sales Solicitor Vendor Licenses starting March 2017 to March 2018 Gregory Burt, 114 S. Division Ave, Grand Rapids, MI addressed the Board explaining they are looking to bring awareness to potential AT&T customers about the AT&T services offered in the area. Discussion ensued between Counsel Lapaich and Mr. Burt regarding the addition of employees and days of operations with Mr. Burt explaining it would typically be Monday – Saturday between 11:00 am and 7:00 pm. Corporate Counsel Amber Lapaich informed Mr. Burt about the requirements the City’s has and they were that the employees wear their tags and have ID present at all times; also stating handouts cannot be left at a residence, they must be handed directly to the homeowner. Virginia Keating made the motion to approve the request for the vendor license from AT&T Entertainment Group to go door to door from March 2017 to March 2018, days of the week being Monday – Saturday from 11:00 am to 7:00 pm. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SUPPLEMENTAL AGREEMENT – Supplemental Agreement No. 1 for Design Service between the City of Michigan City and Butler, Fairman and Seufert, Inc. (Singing Sands Trail, Phase 3) Corporate Counsel Amber Lapaich addressed the Board explaining this is for Phase 3 as indicated; advising the Board had previously approved the engineering services to start Phase 3, but it did not include all the engineering for Phase 3; further advising additional funding has been secured from NIRPC and the Common Council so funding is in place to do the entire engineering for Phase 3; Counsel Lapaich stated the entire amount would be $863,025.00 and cover everything. Discussion ensued between President Janus and Jake Dammarell with Butler, Fairman and Seufert, Inc. regarding when the engineering of Phase 3 will begin; Mr. Dammarell advised Phase 3 would begin in 2021. Both Corporate Counsel Amber Lapaich and Jake Dammarell wanted to acknowledge Shannon Eason with the Park Department for her work on the Singing Sands Trail. Jake Dammarell gave the Board more details on all the trails stating Phase 1 is moving along at the present time as well, Phase 1 will begin January of 2018; Phase 2 is close on its heels and is the lease complicated of the trails. Virginia Keating made the motion to approve the Supplemental Agreement No. 1 for Design Services to the December 19, 2016 agreement changing the amount from $209,750.00 to $863,025.00 for the Singing Sands Trail Phase 3. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SUPPLEMENTAL AGREEMENT – Supplemental Agreement No. 4 for Design Services between the City of Michigan City and Butler, Fairman and Seufert, Inc. (Singing Sands-Lighthouse Trail) Jake Dammarell with Butler, Fairman and Seufert, Inc. explained this is Supplemental Agreement No. 4 under Phase 1 of the Singing Sands Trail; further explaining the purpose of this agreement is to have monitoring wells installed to monitor ground water per the request of the Chicago South Shore and South Bend Railroad adding there was some concern about drainage between the trail and their rail line; this is $3,750.00 and would bring the total of the Geotechnical Investigation to $16,750.00. Vice-President Murphy made the motion to approve the Supplemental Agreement No. 4 for Design Services between the City of Michigan City and Butler, Fairman and Seufert, Inc. for an amount not to exceed $16,750.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SOFTWARE SERVICE AGREEMENT – Software Service Agreement between the City of Michigan City and Tyler Technologies (NOTE: TABLED at the March 6, 2017 Regular Meeting) Regular Meeting – March 20, 2017 Page 4 Virginia Keating made the motion to take the Software Service Agreement off the TABLE. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: Motion Carries. Corporate Counsel Amber Lapaich addressed the Board explaining the current financial software will no longer be functional as of December 31, 2017; advising the Controller’s office has spent the last few months pinpointing what the City needs as well as what other software is available; further advising the Controller’s office has determined that New World with Tyler Technologies meets the City’s needs; further explaining this is a five (5) year contract, for purposes of the first year the amount due is $450,000.00, there is a recurring fee and also one-time fees and contingency fees that are built in; thereafter, it will be a recurring fee of $119,572.00 per year for the next five years; asking the Board for approval subject to Counsel Lapaich final review of the contract. In addition, Attorney Lapaich provided written correspondence justifying this purchase as a “special purchase” under Indiana law. Vice-President Murphy made the motion to approve the Software Service Agreement between the City of Michigan City and Tyler Technologies in the amount of $450,000.00 which includes the one-time fee plus contingencies and reccurring fee that will be for five (5) years subject to Corporate Counsel Amber Lapaich final review. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST TO SOLICIT BIDS – Charles Peller, City Engineer is requesting to solicit bids for the 2017 Pavement Marking Project (NOTE: TABLED at the March 6, 2017 Regular Meeting) Charles “Spike” Peller, City Engineer addressed the Board asking this remain TABLED until the April 3, 2017 meeting. PHYSCIAL FITNESS TESTING – The Michigan City Fire Department will be conducting its semi-annual fitness testing, beginning April 4, 2017 (NOTE: For Informational Purposes Only) RETIREMENT – Michigan City Police Department announces the retirement of Tom Jackson, effective March 14, 2017 with 27 years of service (NOTE: For Informational Purposes Only) FORMAL PUBLIC HEARING – Demolition hearing for 215 Walker Street – Matthew Kirk (Formal Public Hearing Continued from February 21, 2017 Regular Meeting) Russ Hatfield, Code Enforcement Officer addressed the Board stating he did not see Mr. Kirk present; advising he would like to continue the hearing for another 30 days allowing Mr. Hatfield to speak to Mr. Kirk about his plans to donate the property. Vice-President Murphy made the motion to continue the Formal Public Hearing for the demolition of 215 Walker Street till the April 17, 2017 meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CLAIMS AND PAYROLL Virginia Keating 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 Murphy and carried as follows: AYES: MEMBERS Janus, Murphy 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 03/17/2017 $383,565.75 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 – March 20, 2017 Page 5 Page Date Amount 1 of 4 03/16/2017 $341,689.12 1 of 1 03/23/2017 $14.15 UNFINISHED BUSINESS 210 Cook Street Russ Hatfield, Code Enforcement Officer addressed the Board explaining he is still reviewing this before the bid packet is put together as this property is unique. Demolitions Russ Hatfield, Code Enforcement Officer addressed the Board explaining he has provided the Board with an updated list of demolitions; Mr. Hatfield stated there were quite a few that were acquired by the Housing Authority and are in the process of being evaluated as far as what repairs it would take to bring the homes back up to code. Lease Agreement between the City of Michigan City and the American Red Cross Corporate Counsel Amber Lapaich addressed the Board explaining the City is not ready to accept the transfer and enter into the lease agreement; advising the American Red Cross is still making repairs to the building from when a pipe burst earlier this year; Counsel Lapaich would like to get the Planning Department in the building to do an inspection. PUBLIC COMMENT President Janus asked if there were any Public comments at this time, there was no comment. BOARD COMMENTS President Janus asked if there were any Board comments at this time, there was no comment. 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 9:06 am). Virginia Keating made the motion to adjourn. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk