Board of Public Works & Safety

REGULAR MEETING – June 4, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, June 4, 2018, 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, Rich Murphy and Virginia Keating (3) Absent: NONE (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Royce Williams, Assistant Chief, M.C.P.D. Andrew Matanic, IT Manager Robert Zondor, Superintendent Central Maintenance Craig Phillips, Planning Director Sue Downs, Code Compliance Officer Kalon Kubik, Mayor’s Administrator Skyler York, Assistant City Planner Shannon Eason, Assistant Park Superintendent Lt. Jeff Loniewski, M.C.P.D. Traffic Division Carl Ridle, Human Rights Director Andrea Smith, Personnel Director Paul Ruane, Associate Planner Gale Neulieb, City Clerk Dawn Debald, Assistant Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of May 21, 2018. Vice-President Murphy made the motion to approve the minutes from the May 21, 2018 Regular meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). ABSTAIN: Janus (1) Motion Carries. OPENING OF BIDS – Barker Road Resurfacing Project President Janus asked if there was anyone wishing to render a bid at this time; there was no response. Vice-President Murphy made the motion to close the acceptance of bids for the Barker Road Resurfacing Project. 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 addressed the Board advising (2) sealed bids were received as follows: Base Bid Alternate Rieth-Riley Construction Co. $182,145.07 $116,230.50 Walsh & Kelly, Inc. $166,544.85 $74,755.00 Vice-President Murphy made the motion to refer the bids to Legal and Engineering for review and recommendation and report back at the next meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CONTRACT APPROVAL – Contract for the “2018 Pavement Crack Sealing Project” between the Michigan City Board of Public Works and Safety and American Pavement Solutions, Inc. Tom Weinmann, Project Manager, Haas & Associates addressed the Board stating they have reviewed the construction contract received from American Pavement Solutions, Inc., for the 2018 Pavement Crack Sealing Project; advising everything is complete and in order; recommending approval in the amount of $92,420.00. Virginia Keating made the motion to approve the contract for the 2018 Pavement Crack Sealing Project between the City of Michigan City Board of Public Works and Safety and American Pavement Solutions, Inc., for the sum of $92,420.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. OPENING OF QUOTES – Robert Zondor, Superintendent Central Services, 2018 Quotes – Central Services – Mobile Column Truck Lift Corporate Counsel, Amber Lapaich addressed the Board advising (2) sealed quotes were received as follows; advising the 3rd quote was non-responsive June 4, 2018 Page 2 All Automotive $63,625.00 including trade-in MS Foster & Associates, Inc. $46,996.00 including trade-in Vice-President Murphy made the motion to refer the quotes to Robert Zondor for review and recommendation and report back at the next meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. LEASE AGREEMENT – Assistant Chief Royce Williams, Michigan City Police Department, is requesting approval of a lease between the City of Michigan City and Kemps Office City for a printer/copier (Note: this was tabled from the May 21, 2018 meeting) Royce Williams, Chief of Services, M.C.P.D. addressed the Board stating they are reaching a deadline for the current 5 year contract with Konica Minolta; advising that protocols have been met, and they received 3 quotes; asking to move forward with this 5-year lease agreement. Corporate Counsel, Amber Lapaich addressed the Board advising the ultimate contract will be in the amount of $339.30 each month for 60 months a 5-year contract; explaining the Board will need to approve the lease as written, the 2nd contract which is an amendment to the lease, and the government entities addendum. Virginia Keating made the motion for the following: the lease agreement between the City of Michigan City Police Department and Kemps Office City for a printer/copier: the amendment to the contract: and the addendum for the government entities; the terms being 60 months at $339.30 per month. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SPECIAL PURCHASE – Randy Novak, Fire Chief, M.C.F.D. is requesting approval to purchase emergency equipment from Minor Electric using the Special Purchase Method (I.C. 5-22-10, et seq) for new emergency camera equipment and installation along the Catwalk, Millennium Plaza and the Bath House (Note: this was tabled from the May 7, 2018 meeting) Corporate Counsel, Amber Lapaich addressed the Board stating they have been working on the contract, and making changes to it; explaining the contract with Miner Electronics is for the purchase of the cameras and installation for the Catwalk, Millennium Plaza and the Bath House; advising the total amount of the contract is $96,277.36. Discussion ensued between Corporate Counsel Lapaich and Chief Randy Novak, M.C.F.D. regarding the funding for the project. Chief Novak stated the money is coming from the Channel Maintenance Fund. Vice-President Murphy made the motion to approve the special purchase by Chief Randy Novak for emergency equipment; new camera equipment and installation along the Catwalk, Millennium Plaza and the Bath House in the amount of $96,277.36. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR BUS STOPS – Jill Fekete, 11 Tryon Farms Lane is requesting that bus stops are placed in Tall Timbers and Green Acres for residents that cross Highway 212 and walk to current bus stops Gene Simmons, City Councilman, 6th Ward addressed the Board stating they are requesting that bus service be extended to Tall Timbers and Green Acres; explaining when people are dropped off at Karwick and Tryon Road, it is a safety issue and it is an inconvenience; advising that at one time they did have bus service at these locations; asking for consideration to extend the bus service back to these 2 locations. Virginia Keating made the motion to refer this request for the bus stops in Tall Timbers and Green Acres area near Highway 212 to the Bus Superintendent. 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 – Janet Bloch, Executive Director for the Jack & Shirley Lubeznik Center for the Arts, is requesting street closure of Washington Street North of US Highway 12 and Franklin Street from the crosswalk at Water Street to 2nd Street for the Lubeznik Art and Artisan Festival for the weekend of August 17-19, 2018 between 9:00 – 5:00 p.m. Janet Bloch, Executive Director for the Jack & Shirley Lubeznik Center for the Arts addressed the Board stating she is requesting street closure for their annual Art Festival; advising the hours will start at 8:00 a.m. on Friday, August 17, 2018 and run through 7:00 p.m. on Sunday August 19, 2018; explaining she has spoken to Skyler York, Assistant City Planner and Lt. Jeff Loniewski, M.C.P.D. Traffic Division regarding the safest street closures for the event. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board advising he met with Ms. Bloch a few weeks ago regarding this request; advising complete closure of the street will be the safest way to handle the request; explaining the EMA volunteers will also be assisting with the road closures; recommending approval. Skyler York, Assistant City Planner addressed the Board stating that they are wanting to try to engage the “You are Beautiful” site; advising Ms. Bloch will need to go before the Redevelopment Commission for their approval. June 4, 2018 Page 3 Vice-President Murphy made the motion to approve the request for street closure by the Lubeznik Art Center requesting closure of Washington Street North of US Highway 12 and Franklin Street from the crosswalk at Water Street to 2nd Street for the annual Lubeznik Art and Artisan Festival from 8:00 a.m. Friday, August 17, 2018 through 7:00 p.m. on Sunday, August 19, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. REQUEST FOR NO PARKING SIGNS AND A STOP SIGN – William McLinden, Dunescape Beachwalk, LLC., 200 Commerce Square is requesting “No Parking” signs on the public portion of Whisper Dunes Drive and a stop sign on Whisper Dunes Drive William McLinden, Dunescape Beachwalk, LLC., addressed the Board stating they just completed Whisper Dunes Drive, the road that connects to Lakeshore Drive; advising he is requesting a stop sign as you exit the subdivision; explaining the road is 24 feet wide, and he is requesting “No Parking” signs on the public portion of the road which extends from Lakeshore Drive 150 feet until you enter the subdivision. Lt. Jeff Loniewski, Traffic Division addressed the Board and is recommending approval of the request; advising he believes it should be referred to Planning and Engineering to make sure there is room in the right-of-way to place the signs. Craig Phillips, Planning Director addressed the Board stating they have reviewed this request and he is recommending the installation of the stop sign on the road leading to Lakeshore Drive; advising the Planning Department also agrees the “No Parking” signs are necessary given the unique placement and nature of the roadway; recommending approval. Virginia Keating made the motion to approve the request for “No Parking” signs on the portion of Whisper Dunes Drive and a stop sign on Whisper Dunes Drive per the recommendation of the Planning Director. 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 TO DONATE TABLES – Ryan Laughin, Michigan City Mainstreet Association is requesting approval to donate plastic outdoor tables to the City Corporate Counsel, Amber Lapaich addressed the Board stating the Board would accept the donation on behalf of the City; recommending approval. Vice-President Murphy thanked the Michigan City Mainstreet Association for their thoughtfulness in donating the tables to the City. Vice-President Murphy made the motion to approve the request to donate plastic outdoor tables by Ryan Laughlin, Michigan City Mainstreet Association to the City. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. APPROVAL FOR ADDITIONAL EMPLOYEES – Jaime Morford, Blue Chip Casino is requesting approval for additional employees on vendor license Corporate Counsel, Amber Lapaich addressed the Board stating she has reviewed the request, and everything is in order; recommending approval. Virginia Keating made the motion to approve the request for 2 additional employees to the BlueChip Casino “King of the Road” mobile food vendor license. 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 – LaMattia Ashley, 200 Thomas Street, is requesting the closure of Woodland Avenue and Helen Street on July 28, 2018 from 4:00 p.m. – 10:00 p.m. for a neighborhood BBQ with family and friends Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating he had concerns with this request; advising over the past couple months they have been trying to move some of the events with street closures to City parks that are not being utilized; explaining they have had these types of request in the past, some of the events they experienced issues and had to add additional officers on overtime to staff the weekends; requesting a denial of this request, and is encouraging the petitioner to move the event to a City Park. Vice-President Murphy made the motion to support the recommendation of Lt. Jeff Loniewski, M.C.P.D. Traffic Division and deny the request for street closure and the petitioner can request to use a City Park to hold the event. 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 HOLD EVENT- Elder David McCray, Advancing Christ’s Kingdom Ministries is requesting to hold an outside service on June 10, 2018 in their parking lot located at 1428 E. Michigan Boulevard (Note: For informational purposed only) Corporate Counsel, Amber Lapaich addressed the Board advising they are holding the event on their own personal property, so no action is need by the Board. June 4, 2018 Page 4 APPROVAL OF CONTRACT – Approval of the following service contracts to secure performances at the Michigan City Patriotic Parade to be held on June 30, 2018  Division Stunt Team in the amount of $1,000.00  Soul Steppers Drill Team in the amount of $2,500.00  Miss Indiana in the amount of $200.00  Michiana Clowns in the amount of $250.00  Wizards of Sorts in the amount of $425.00  Miss Duneland, Taylor Know in the amount of $200.00  Dean McCool Caledonia Kilty Pipe Band in the amount of $600.00  Samuel Sake, Sam the Wheeler in the amount of $700.00  Chicago Boyz Acrobatic Team in the amount of $1,500.00  Sue Copeland, Costume World in the amount of $1,050.00 Vice-President Murphy made the motion to approve the contracts to secure performances at the Michigan City Patriotic Parade to be held on June 30, 2018. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. MEMORANDUM OF UNDERSTANDING – A Memorandum of Understanding between John Sauve, Sauve Art Foundation, Michigan City Public Art Committee and Board of Public Works and Safety for display of artwork on City-owned property from June 2018 through June 2020 in the amount of $8,000.00 Corporate Counsel, Amber Lapaich addressed the Board stating the Michigan City Public Art Committee met and determined they want to retain this artist; explaining there are 4 different sculptures in various amounts and they will be placed throughout the City; advising the artists name is John Sauve, and the total amount of the contract is $8,000.00; further stating the Public Art Committee has already approved this request and the funding will come from the Public Art Fund; asking for approval. Virginia Keating made the motion to approve the Memorandum of Understanding between John Sauve, Sauve Art Foundation, the Michigan City Public Art Committee and the Board of Public Works and Safety for the display of artwork on City owned property from June 2018 through June 2020 in the amount of $8,000.00, that being a list of 4 sculptures and the locations for them. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. GIFT AGREEMENT DONATION – Anna Russo-Sieber, ARS Gallery Arts & Culture Center is requesting approval to donate “Dasien” a sculpture created by John Sauve to the City of Michigan City, Indiana Corporate Counsel, Amber Lapaich addressed the Board stating that the sculpture outside of City Hall is the sculpture the Gallery is wishing to donate to the City; advising the Art Committee and the City would like to accept the donation; asking for approval. Vice-President Murphy made the motion to approve the gift agreement donation by Anna Russo- Sieber, requesting approval to donate a sculpture named “Dasien” by John Sauve to the City of Michigan City, Indiana. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. SPECIAL PURCHASE – Amanda Glanz, City Forester is requesting approval of a Special Purchase conducted under emergency conditions I.C. 5-22-10-4 to alleviate the potential life/property safety hazards associated with high risk trees located along the Dewey Street City easement Corporate Counsel, Amber Lapaich addressed the Board stating that Amanda Glanz, City Forester hired Green Leaves Tree Service in the amount of $6,400.00 for emergency work; asking for approval. Virginia Keating made the motion to approve the special purchase from Amanda Glanz, City Forester, for 7 trees that were high risk located along Dewey Street City easement in the sum of $6,400.00 paid to Green Leaves Tree Service. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. PERSONNEL – Andrea Smith, Personnel Director, is requesting the approval of the updated job description for Janitor/Car Washer/Maintenance Custodian II – M.C.P.D. PERSONNEL – Andrea Smith, Personnel Director, is requesting the approval of the updated job description for Executive Secretary – Records Division – M.C.P.D. Andrea Smith, Personnel Director addressed the Board stating these are 2 job descriptions of many that need to be modified, updated or replaced; advising she will probably be coming in front of the Board numerous times until she gets a salary study completed; asking for approval. Vice-President Murphy made the motion to approve the request by Andrea Smith, Personnel Director requesting the approval of the updated job descriptions for Janitor/Car Washer/Maintenance Custodian II and Executive Secretary, Records Division M.C.P.D. June 4, 2018 Page 5 The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. RETIREMENT – Randy Novak, Chief M.C.F.D. is announcing the retirement of Jeff Peckat, effective June 2, 2018 with 38 years of service (For informational purposes only) President Janus addressed the Board thanking Jeff Peckat for his service. CONTRACT FOR ENGINEERING SERVICES – Contract between the City of Michigan City, Indiana and DLZ for engineering services Corporate Counsel, Amber Lapaich addressed the Board stating this contract is for as-needed, on call engineering services; advising specifically but not limited to: subdivisions reviews, traffic elements, curb cut applications, reviewing street dedications, asphalt reviews, recommendations for acceptance of infrastructure, construction and site plan reviews and any other type of special assignments; explaining we have a need to have someone on call for more specialized services; further advising that Craig Phillips, Planning Director is the contact person for the City; further explaining this contract is not to exceed $10,000 per month without any type of written permission from the City; asking for approval. Virginia Keating made the motion to approve the contract for engineering services between the City of Michigan City and DLZ with the cost being pursuit to Exhibit A, and the sum not to exceed $10,000 per month without prior authorization, with the contact person for the City being Craig Phillips, Planning Director. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. FINE APPEAL – Rieth-Riley Construction Company, Inc., is appealing the imposition of a fine regarding a Local Hiring Ordinance Carl Ridle, Human Rights Director addressed the Board asking them to uphold Mayor Ron Meers decision to fine Rieth-Riley for non-compliance with provisions to Article III, Contract Compliance/Equal Opportunity Program and the Local Hiring Program. Keegan Brennan, Assistant General Counsel, Rieth-Riley Construction Company, Inc. addressed the Board stating Rieth-Riley is appealing 3 of the 4 projects, Village Green Project Phase 2, Michigan City Grant Paving Phase 2, and the Community Crossing Paving; advising they are not appealing the TIF Paving Project, as this project was under the $150,000 threshold. Discussion ensued between Pastor Damon Carnes, Local Pastor, David Ashley, Eddie Holiday, Rieth-Riley Hiring Manager, and Joan Chumley regarding the fine appeal/local hiring ordinance. Virginia Keating made a motion to take this matter under advisement and render their decision at the next Board of Works meeting on June 18, 2018. The motion was seconded by Vice-President Murphy 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 14 05/25/2018 $612,718.50 1 of 3 06/01/2018 $226,630.48 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 Amount 1 of 10 06/04/2018 $518,006.17 UNFINISHED BUSINESS Jeff Oltmanns, Global Engineering & Land Surveying addressed the Board to give an update on the Center Street Project; stating June 4, 2018 Page 6 final completion for the project is June 29, 2018 and they are on schedule; advising the road is open with minor restrictions due to the installation of the parking; stating they are currently looking into similar flashing stop signs and a stop ahead sign that were installed on Washington Street and also a flashing crosswalk beacon for the uncontrolled intersection at Mulligan Street; advising they will be reviewing these items with INDOT for MUTCD compliance; further stating the only other items that are impacting the City right-of-way is the Memorandum of Understanding between the City of Michigan City and Dunebilly’s; advising this was right-of-way access for the plant bed removal of railroad ties under consideration by the Redevelopment Commission and the Sanitary District; explaining the Water Department has been on site to address any maintenance items that are within the right-of-way. Craig Phillips, Planning Director asked that this stay on the pending list until the first July meeting. Discussion ensued between Vice-President Murphy and Mr. Oltmanns, regarding the timing of completion for the project. Mr. Oltmanns stated the overall completion date is the end of June. Virginia Keating made the motion to approve the requests on the letter from Global Engineering for the closure on Center Street, Krueger Avenue, 2nd Street, West Highway 12 to Lakeshore Drive. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: None (0). Motion Carries. Keenan Perry, 1207 Buffalo Street request to purchase City property parcel #460132202023000022 Corporate Counsel, Amber Lapaich addressed the Board stating she received favorable feedback from all City Departments and is working on preparing the necessary documents for the Board; requesting this item stay on the pending list at this time. Street Closure request – Blanton Construction for a “sewer tap” at 2604 Franklin Street President Janus asked that this item stay on the pending list until final completion. Kelli Green, 6376 N. Meer Road requesting to purchase 2 lots of City property parcel #460136427005000022 and #460136427006000022 Corporate Counsel, Amber Lapaich addressed the Board stating she did receive feedback from various City departments; advising the Airport has an objection to the sale of this property; explaining that under the FAA grant assurances specifically #21 requires the Board to take appropriate action to make sure there is compatible land use around the airport; the airport believes keeping the property in the City’s hands is the best use for the airport. Virginia Keating made the motion to deny this request from Kelli Green to purchase 2 lots of City property on Meer Road, and remove this item from the pending list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Ron Lantroop- A Slice of Heaven, requesting fencing near his mobile vendor food truck President Janus stated this item will stay on the pending list for 3 months while the Planning Department researches the Industry standards. GRIEVANCE RECEIVED Corporate Counsel, Amber Lapaich addressed the Board for the record, stating the Clerk’s Office received a grievance from an employee of the Michigan City Fire Department; asking that the Board hear the grievance at the next Board of Public Works and Safety meeting; advising she will give notice to the grievant to appear at the next meeting. PUBLIC COMMENTS ***Ron Miller, 3033 Woodrow Avenue addressed the Board regarding a safety decision that was made recently in his neighborhood because of a fatality on Broadway Street near the water tower park; advising the speed limit was dropped to 15 MPH on Gardena Street in front of the park and playground; explaining he believes that 20 MPH is sufficient. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating that the City Ordinance does require the speed limit be set at 15 MPH by all City parks and school zones. Jay Niec, SEH Engineering addressed the Board stating that he and Lt. Loniewski are on a committee that was formed last fall; advising the committee is part of a parks and school safety committee; explaining they looked at all parks and schools in Michigan City and in a course of 3-4 months formulated a plan to put together safe measures; further advising that he is willing to sit with Mr. Miller to go over and discuss what they are doing at the parks and schools; further stating that the Broadway Avenue project was a direct result of the fatality. ***Kathy Lewis, 1004 Hoyt Street addressed the Board stating she has been a Michigan City resident for over 30 years and is requesting that action is taken at 2 homes in her neighborhood that had fires; stating the fire at 609 Benton Street was approximately last August and the other was at 305 W. Coolspring Avenue; advising the house at 609 Benton Street after the fire has some windows that are boarded up, and others are broken out; nothing has been done at the home, the grass is overgrown, glass is everywhere; explaining she sent a letter to the Board regarding safety concerns for the children since school is out; stating the house is unsafe, unsightly and something needs to be done; further advising she is concerned about her property values; explaining the house June 4, 2018 Page 7 at 305 W. Coolspring, she believes has been purchased, but very little work is being done to it; advising windows are boarded up and the aluminum siding has been removed; stating this property is unsafe as well. ***Deborah Chub, serves on the Mayor’s Committee on Lead, addressed the Board stating there are children in Michigan City that have tested very high for lead; advising they have pursued this issue in many ways, public education, working with people and churches, trying to get the word out; stating she has concerns because the City is preparing for some demolitions; further advising she is concerned with the dust that is created from demolitions in homes that are older than 1978; further stating all of the dust will contain lead; asking that the City use best management practices in any demolitions that will be done; we need to protect our citizens from any further exposure to lead. BOARD COMMENTS President Janus asked if there were any Board comments. President Janus thanked the Board for taking over during the month of May when he was out of town. 5-MINUTE RECESS ORDER TO DEMOLISH- News Dispatch May 18 & 25, 2018 Public Hearing will be held June 4, 2018 925 W. 6th Street – Blackhall Partners III Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 925 W. 6th Street, Michigan City, Indiana; advising the notice was sent to Blackhall Partners III via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Mark Reynolds President, Blackhall Partners III – addressed the Board stating they acquired the property via tax sale; it was purchased at a Commissioner’s sale in 2016, with intentions of renovating it; advising that unfortunately a tax lien under Indiana law is not an insurable interest; explaining that about the time they received the deed, the prior owner moved out and a fire was set to the house; therefore there are no insurance proceeds to repair or demolish the house; stating he is willing to deed the house to the City and they can move forward with the demolition immediately. Discussion ensued between Corporate Counsel, Amber Lapaich and Mr. Reynolds regarding if he has any objections to the demolition. Mr. Reynolds responded no. Vice-President Murphy made the motion to affirm the order to demolish 925 W. 6th Street, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 915 Green Street and 818 W. 7th Street - Housing Opportunities Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 915 Green Street and 818 W. 7th Street, Michigan City, Indiana; advising the notice was sent to Housing Opportunities via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Discussion ensued between Corporate Counsel, Amber Lapaich and Jordan Stanfill, CEO, Housing Opportunities regarding if he has any objections to either demolition. Mr. Stanfill responded no. Virginia Keating made the motion to affirm the order to demolish 915 Green Street and 818 W. 7th Street, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 121 N. Porter Street – Federal National Mortgage Association, Joseph C. (deceased) and June E. Craig Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 121 N. Porter Street, Michigan City, Indiana; advising the notice was sent to Federal National Mortgage Association via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. David Johnson, Attorney for Federal National Mortgage Association addressed the Board advising this property was a foreclosure and they did get it through a Sherriff’s sale at an auction held on March 20, 2018; stating that at the current time he is requesting additional time to inspect the property; advising that demolition may ultimately be the necessary remedy; stating he wants to explore the option of bidding it out and demolishing it themselves; or possibly rehabbing the property; asking for 60 additional days. Sue Downs, Building Commissioner addressed the Board stating she doesn’t object as long as there is a deadline of some sort; advising the house was a verified meth lab, and there has been trouble with vandalism; stating she is fine if they demolish the house, she just wants a deadline. Discussion ensued between President Janus and Mr. Johnson regarding how much time he needs. Mr. Johnson stated 60 days to bid it out and begin the work to demolish. President Janus stated we are not waiting that long; advising he will extend this out to the next Board of Works meeting on July 16, 2018. June 4, 2018 Page 8 Virginia Keating made the motion to extend the hearing on 121 N. Porter Street to the July 16, 2018 meeting at 8:30 a.m. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 224 Willard Avenue – Camille Merriweather Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 224 Willard Avenue, Michigan City, Indiana; advising the notice was sent to Camille Merriweather- Owner via certified mail (unclaimed), a copy of the notice was sent first class mail, which was not returned, a copy was delivered personally by Sue Downs, Building Inspector to Ms. Merriweather on May 23, 2018, which Ms. Downs did speak to Ms. Merriweather, and a published notice in the News Dispatch. Camille Merriweather, Owner of 224 Willard Avenue addressed the Board stating she purchased the house at a Commissioner’s sale in 2016, which it was not deeded until last year 2017; advising she has spoken to Ms. Downs regarding things that needed to be done for safety purposes; and she is working on keeping the grounds up; explaining she is working with the bank to get a loan, she needs to finish their program first; she wants to renovate the property; further stating she is a first time homeowner and is asking for more time to finish the program so that she can get renovations done. Discussion ensued between President Janus, and Ms. Merriweather regarding the window of time she is looking at. Ms. Merriweather stated she believes it could take up to a year. Sue Downs, Building Commissioner addressed the Board stating that she has serious doubts that this house can be renovated; advising the house is in such disrepair, an entire section of the roof is missing on it; explaining it is near a park, and prone to vandalism; further stating there are other homes out there in a much more repairable condition; further advising that Housing Opportunities and other organizations such as that do have programs that will enable Ms. Merriweather to possibly get into a house much quicker and easier. Corporate Counsel, Amber Lapaich read a laundry list of issues pertaining to the property and asked Ms. Downs if the information is still accurate. Ms. Downs responded yes. Virginia Keating made the motion to affirm the order to demolish 224 Willard Avenue especially in light of the dangerous conditions for the neighborhood children, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 2011 Wabash Street – Tracy W. Bland Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 2011 Wabash Street, Michigan City, Indiana; advising the notice was sent to Tracy W. Bland via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Brad Adamsky, Attorney representing Tracy W. Bland, property owner addressed the Board stating his original intention was to seek additional time, but after listening to previous petitioners, they decided that this property does in fact need to be demolished; advising Mr. Bland has owned the property since 2010, and it has been unoccupied since September of last year; explaining Mr. Bland has been attempting to sell the property, and he does not have the funds to do a demolition or rehab the property; further stating Mr. Bland has indicated he had the intention if he could to relinquish the property without any further personal liability either for the cost of demolition, whether it is by deed to the City or whatever needs to be done; stating that would be an ideal situation. Discussion ensued between Corporate Counsel, Amber Lapaich and Attorney Adamsky regarding if the City does take Mr. Bland up on the offer for the deed, can Counsel Lapaich contact Attorney Adamsky at a later date, but for purposes right now, it is the affirming or denying the demolition. Attorney Adamsky responded correct and pointed out that the statue does require in the order to demolish that the order is mailed out to the property owners that it includes the address and phone number of the entity that is enforcing the demolition, which is the City of Michigan City, Planning Department; asking that those specific pieces of information are in the notice. Vice-President Murphy made the motion to affirm the order to demolish 2011 Wabash Street, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. Discussion ensued between President Janus, Counsel Lapaich and Attorney Adamsky regarding if Mr. Bland was deeding the property to the City. Attorney Adamsky, replied Counsel Lapaich is following up on that after the Board takes action today, but that is something they will consider. President Janus then asked if they should uphold the demolition order. Counsel Lapaich stated, if they are willing to deed the property and she confers with the Planning Department and other City representatives if they want this property in our inventory, once the decision is made, she will bring it back before the Board to accept it. President Janus made the motion to uphold the order to demolish 2011 Wabash Street, until Corporate Counsel, Amber Lapaich confers with Planning and various City Department heads. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 222 Holliday Street – Michael Jackson June 4, 2018 Page 9 Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 222 Holliday Street, Michigan City, Indiana. advising the notice was sent to Michael Jackson via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Sue Downs, Building Commissioner addressed the Board stating she has no record how long this house has been condemned; advising there are huge portions of this house missing; recommending approval to demolish. Vice-President Murphy made the motion to affirm the order to demolish 222 Holliday Street, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 635 Donnelly Street – Douglas F. McCormick Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 635 Donnelly Street, Michigan City, Indiana; advising the notice was sent to Douglas F. McCormick and Carrington Mortgage Services, LLC via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Sue Downs, Building Commissioner addressed the Board stating this property was in the most recent tax sale; advising it did sell, and the owner (Dexter Means) was notified but the timeframe for applying for the tax deed has expired, and the property went back to the County; explaining she did send notice to the owner, and also had phone correspondence with him. Virginia Keating made the motion to affirm the order to demolish 635 Donnelly Avenue, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 834 Martin Luther King Drive – Laina Couture Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 834 Martin Luther King Drive, Michigan City, Indiana; advising the notice was sent to Laina Couture, via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch and Ms. Downs did have email and phone conversation with Laina Couture. Sue Downs, Building Commissioner addressed the Board stating this property started as a tenant complaint, it was a rental; advising this house was in deplorable condition; explaining she has spoken to the owner of the property on several occasions, and she was going to demolish the house herself, but personal issues have prevented that. Vice-President Murphy made the motion to affirm the order to demolish 834 Martin Luther King Drive, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. 116 Combs Street – Mortgage Deutsche Bank National Trust Company, Jay B. & Carol S. Wort Corporate Counsel, Amber Lapaich addressed the Board stating on or about April 23, 2018 Sue Downs, Code Compliance Officer/Building Commissioner issued an order to demolish for 116 Combs Street, Michigan City, Indiana; advising the notice was sent to Jay B. & Carol S. Wort and Deutsche Bank National Trust Company as Trustee for Argent Securities, Inc., at C/O OCWEN Loan Servicing LLC. and LaPorte Federal Credit Union via certified mail, a copy of the notice was sent first class mail, and a published notice in the News Dispatch. Sue Downs, Building Commissioner addressed the Board stating the entire back wall of the house is missing; advising they have trouble keeping it secured, and trouble with vandalism; explaining it is a huge safety issue for the residents of that area. Vice-President Murphy made the motion to affirm the order to demolish 116 Combs Street, and it was determined that proper notice was given pursuit to the unsafe building act. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. ADJOURNMENT Vice-President Murphy stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 10:45 a.m.). 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