Board of Public Works & Safety

REGULAR MEETING – December 17, 2018 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 17, 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 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 Captain Jeff Loniewski, M.C.P.D. Royce Williams, Chief of Services, M.C.P.D. Sue Downs, Code Compliance Officer Paul Ruane, Associate Planner Randy Novak, Fire Chief, M.D.F.D. John Gorczycka, M.C. Sanitary District Craig Phillips, Planning Director 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 December 3, 2018. Vice-President Murphy made the motion to approve the minutes from the December 3, 2018 Regular meeting. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. BIDS FOR CITY PROPERTY – Sale of City owned property – 131 Edward Street Parcel #46-01-28-482-002.000-022 Corporate Counsel, Amber Lapaich addressed the Board stating the starting bid price was set at $9,500.00; advising we received two (2) bids under that amount; the first was from Michigan City Rentals, LLC., in the amount of $1,050.00; the second bid was from Jim Grant in the amount of $1,600.00; explaining these bids were way below what the Board had set as a starting price. Virginia Keating made the motion to reject the bids. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS – Demolition of 925 W. 6th Street Corporate Counsel, Amber Lapaich addressed the Board stating that JSG Jay Shoffner General Contracting, Inc. was the lowest most responsive bidder for the demolition of 925 W. 6th Street, in the amount of $10,350.00; recommending they are awarded the bid. Vice-President Murphy made the motion to award the bid for the demolition of 925 W. 6th Street to JSG Jay Shoffner General Contracting, Inc. in the amount of $10,350.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS – Demolition of 635 Donnelly Street Corporate Counsel, Amber Lapaich addressed the Board stating that Actin Contracting, LLC. was the lowest most responsive bidder for the demolition of 635 Donnelly Street, in the amount of $5,730.00; recommending they are awarded the bid. Virginia Keating made the motion to award the bid for the demolition of 635 Donnelly Street to Actin Contracting, LLC., in the amount of $5,730.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS – Demolition of 222 Holliday Street Corporate Counsel, Amber Lapaich addressed the board stating that Smith & Sons Excavating, Inc. was the lowest most responsive bidder for the demolition of 222 Holliday Street in the amount of $9,450.00; recommending they are awarded the bid. Vice-President Murphy made the motion to award the bid for the demolition of 222 Holliday Street to Smith & Sons Excavating, Inc., in the amount of $9,450.00. The motion was seconded by  Page 2 Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AWARDING OF BIDS – Demolition of 915 Green Street Corporate Counsel, Amber Lapaich addressed the Board stating that Pavey Excavating Company, Inc. was the lowest most responsive bidder in the amount of $11,800.00; recommending the are awarded the bid. Virginia Keating made the motion to award the bid for the demolition of 915 Green Street to Pavey Excavating Company, Inc. in the amount of $11,800.00. The motion was seconded by Vice- President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CONTRACT – Contract between the City of Michigan City Board of Public Works and Safety and DLZ Engineering for as needed engineering services for 2019; hourly rates/expenses valid thru December 31, 2019; maximum amount limited to $15,000.00 per month Corporate Counsel, Amber Lapaich addressed the Board stating that last year the City entered into on call Engineering services from DLZ; advising this contract is a continuation of last year’s contract; explaining they will be providing assistance for specific types of site plan reviews, special assessments, street dedications, curb cut applications, etc.; anything like that we may need throughout the year. Craig Phillips, Planning Director addressed the Board stating the contract also includes the oversight and inspection of the City’s Energy Efficiency program; advising that is a new program that was approved recently by the City Council. Discussion ensued between Councilman Don Przybylinski, 215 Gardena Street and Corporate Counsel, Amber Lapaich regarding if this is a contract that needs to go out for bids on an annual basis. Counsel Lapaich stated that service contracts do not need to go out for bids. Vice-President Murphy made the motion to approve the contract between the City of Michigan City Board of Public Works and Safety and DLZ Engineering for as needed Engineering services for 2019; hourly rates/expenses valid thru December 31, 2019; maximum amount limited to $15,000.00 per month. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AMENDMENT TO CONTRACT – Amendment to the 2018-2019 Union Contract between the City of Michigan City, Indiana and Local 228/Council 962 American Federation of State, County, and Municipal Employees, AFL-CIO; to create the hourly rate of pay with a 2% increase for 2019 Corporate Counsel, Amber Lapaich addressed the Board stating the Common Council approved a 2% raise for the entire City; this amendment will give those positions affiliated with AFSCME the 2% raise; asking for approval. Virginia Keating made the motion to approve the amendment to the 2018-2019 Union Contract between the City of Michigan City, Indiana and Local 228/Council 962 American Federation of State, County, and Municipal Employees, AFL-CIO; to create the hourly rate of pay with a 2% increase for 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. AGREEMENT – Agreement between the City of Michigan City, Indiana and +WeCreate Media for design services – effective January 1, 2019 thru December 31, 2019 in the sum of $175,231.00 Discussion ensued between President Janus and Vice-President Murphy regarding who monitors this contract. Mr. Murphy responded the Marketing Efforts Coordinator and himself. President Janus asked about the website and if it is already created why are we paying for it again. Mr. Murphy responded we are not paying for the website, we are paying for content and updates to the implementation of the Roger Brooks Branding Master Plan. President Janus asked who oversees that they are doing what they are getting paid for. Mr. Murphy responded they have a monthly meeting that is led by +WeCreate Media and the Brand leadership team which consists of 15-18 people (members of businesses and the public) as well as Abigale Thayer, Event Coordinator and himself. Discussion further ensued between Virginia Keating and Vice-President Murphy regarding how long it is intended that we will be contracting with them. Mr. Murphy responded the lifetime of the Roger Brooks Plan he believes is 5 years; advising we are in our second year of implementation; stating they will continue to re-assess the work quarterly and annually to answer that question. Discussion ensued between Councilman Don Przybylinski and Vice-President Murphy regarding the webpage that was designed and supposed to be up and running last year. Mr. Murphy responded it is a very robust website called Create, Play, Repeat.com. Discussion further ensued between Mr. Pryzbylinski and Corporate Counsel, Amber Lapaich regarding if this something that goes out for bids every year. Counsel, Lapaich responded this is another service contract, and under Indiana law, the Board doesn’t have to bid it, they could but it isn’t mandatory. Vice-President Murphy made the motion to approve the contract for +WeCreate Media. Virginia Keating has concerns with this matter as well; however, taking into consideration the cost that would be incurred transitioning to someone else, would it be worth going that route. Ms. Keating  Page 3 will support but asked that the Board be given updates on progress every 60 days, so they know what is going on. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Murphy and Keating (2). NAYS: Janus (1). Motion Carries. APPROVAL TO HOLD ELECTION, POST NOMINATIONS & TALLY VOTES – Mike Neulieb, President, Michigan City Firefighter’s Association Local #475 is requesting approval to hold an election for the Fire Fighters Appointment to the Fire Merit Commission on Tuesday, January 8, 2019 from 8:00 a.m. – 4:00 p.m. in the Clerk’s Office; also requesting approval to post nominations at each Fire Station starting on Tuesday, December 18, 2018 thru Wednesday, January 2, 2019; and tally votes Randy Novak, Fire Chief, M.C.F.D. addressed the Board stating this is not necessarily a union function, it is a Fire Department function; advising there is an opening on the Fire Merit Commission; requesting the Board of Works opens the nominations and sets a period of time to the next Board of Works meeting. Corporate Counsel, Amber Lapaich addressed the Board advising this is what we did the last time; stating the Board of Works accepted nominations up until their next Board meeting; explaining Mike Neulieb, President of Local #475 amended his request to change this slightly; further advising he would change this so that nominations would be made starting on Tuesday, December 18, 2018 thru Wednesday, January 2, 2019 at 9:00 a.m. to the Clerk’s Office; further stating the ordinance does not specify this exact process; further explaining the notice that was drafted to be posted at every fire station should read “any Michigan City Fire Fighter wishing to nominate a person to serve on the Michigan City Fire Merit Commission must submit a written nomination” so the Clerk’s Office has a paper trail; further stating the election will be on Tuesday, January 8th all day in the Clerk’s Office, so any Fireman can come in and submit their ballot at that time; asking for approval. Virginia Keating made the motion to approve the request to hold the election for the Firefighters appointment to the Michigan City Fire Merit Commission on Tuesday, January 8th, 2019 from 8:00 a.m. until 4:00 p.m. in the Clerk’s Office with the additions as articulated by Corporate Counsel, Amber Lapaich; also approval to post nominations at each fire station starting on Tuesday, December 18, 2018 thru Wednesday, January 2, 2019. 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 one (1) Commander Chassis from Rosenbauer for the Michigan City Fire Department using the Houston Galveston Area Council (HGAC) cooperative purchasing program in the amount of $577,823.00 Randy Novak, Fire Chief, M.C.F.D. addressed the Board stating this truck is for next year; it is actually in the process of being built; advising if the Board approves this contract today, we will save $19,000.00; explaining this is budgeted in the Fire Department’s budget for next year in the CCD fund; asking for approval. Corporate Counsel, Amber Lapaich addressed the Board advising we had entered into the National QPA which already competitively procured this vehicle; stating that is why we do not have to go out for bids. Vice-President Murphy made the motion to approve the special purchase request by Randy Novak, Chief, M.C.F.D. to purchase one (1) Commander Chassis from Rosenbauer for the Michigan City Fire Department using the Houston Galveston Area Council (HGAC) cooperative purchasing program in the amount of $577,823.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. RETIREMENT – Chief Randy Novak, M.C.F.D. announces the retirement of Tom Zawacki with 40+ years of service; effective December 8, 2018 (Note: for informational purposes only) Randy Novak, Fire Chief, M.C.F.D. addressed the Board explaining that Tom Zawacki is the longest serving, most senior member that the Fire Department has; advising he still would be if it weren’t for the mandatory retirement age; stating that Tom Zawacki put in a lot of service to the City of Michigan City and the Fire Department and he would like to thank him. President Janus also thanked him for his service. SINGING SANDS INSURANCE POLICY RENEWAL – Charles Keene, General Insurance Services (GIS) is requesting approval for Singing Sands Trail – General Liability and Excess Liability Insurance Renewal – Policy term 01/01/2019 to 01/01/2020 Charles Keene, General Insurance Services (GIS) addressed the Board requesting formal approval for the Singing Sands General Liability and Excess Liability Insurance renewal; advising the renewal is the same as the expiring policy, which is $34,582.25; asking for approval. Virginia Keating made the motion to approve the renewal of the Singing Sands Insurance policy; the General Liability amount is the same as it was previously, $26,906.25; the Excess Liability is the same, $7,676.00 for a total of $34,582.25. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries.  Page 4 PURCHASE REQUEST – Kevin Urbanczyk, Chief of Operations, M.C.P.D. is requesting approval for the following:  The purchase of thirteen (13) 2019 Police Pursuit Dodge Chargers through the Qualified Purchasing Agreement (QPA) I.C. 5-22-10  Trade in of multiple vehicles including vehicles from other City Departments  Purchase of emergency lighting and other vehicle equipment from Waymire Distribution; total amount $52,137.86  Service Agreement with Miner Electronics, Inc. for Police Squad Vehicle Outfitting; total amount $26,908.00 Royce Williams, Chief of Services, M.C.P.D. addressed the Board stating they are asking for approval to move forward with vehicle trade ins and fleet purchasing for 2019. Corporate Counsel, Amber Lapaich addressed the Board explaining this is part of the M.C.P.D.’s annual fleet rotation for 2019; advising they are purchasing thirteen (13) new vehicles through Indiana State’s QPA process; it has already been bid out by the State and has been competitively procured; stating each vehicle will be approximately $24,799.00; further advising the Police Department is also requesting permission to trade-in 14 vehicles with the same Company they are purchasing the new vehicles from through the State’s QPA; in addition to that, the M.C.P.D. has sought out quotes for the purchase of the emergency lighting and equipment necessary; further stating the lowest most responsive bidder for that equipment is Waymire Distribution in the amount of $52,137.86; further explaining the last request is a service agreement with Miner Electronics, Inc. to outfit those vehicles with equipment, the cost is $26,908.00; further explaining this is all in the 2019 budget; asking for approval of the 4 requests. Vice-President Murphy made the motion to approve the request to purchase thirteen (13) 2019 Police Pursuit Dodge Chargers through the Qualified Purchasing Agreement (QPA); approval to trade in multiple vehicles including vehicles from other City departments; approval to purchase emergency lighting and other vehicle equipment from Waymire Distribution in the amount of $52,137.86; approval of the service agreement with Miner Electronics, Inc. for the Police Squad Vehicle Outfitting in the amount of $26,908.00. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion Carries. CHANGE ORDER – Tom Weinmann, Haas & Associates, is requesting approval of Change Order No. 3 – Final quantities and Traffic Detector Loops by Walsh & Kelly, Inc. for the 2018 Eastport Resurfacing Project; change order amount $22,798.90 Sam Ozeh, Haas & Associates addressed the Board asking for approval of Change Order No. 3 for Final quantities and Traffic Detector Loops by Walsh & Kelly, Inc. Virginia Keating made the motion to approve Change Order No. 3 – in the sum of a decrease of $22,798.90 for the 2018 Eastport Resurfacing Project by Walsh & Kelly, Inc. 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 15 12/07/2018 $832,523.96 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 13 12/17/2018 $4,300,167.35 UNFINISHED BUSINESS  Page 5 Demolitions 121 N. Porter Street Sue Downs, Building Commissioner stated she has nothing additional to add. Steven Ray, 227 Pleasant Avenue is requesting an honorary sign for bishop Charles E. Dowdell at the corner of Woodland Avenue & Walker Street; the corner of Woodland Avenue and Rose Street; and the corner of Woodland Avenue & Holliday Street President Janus stated the signs are ordered but not up yet. Steven Ray, 227 Pleasant Avenue is requesting to purchase City property, parcel #46-01-27-357-010.000-022 and #46-01-27-357-009-000-022 Steven Ray, 227 Pleasant Avenue addressed the Board stating he brought pictures to show what the property looked like while he was maintaining it; Corporate Counsel, Amber Lapaich addressed the Board stating she is working on this request; advising she is still going to various departments for feedback regarding the property; asking for this to be held over. Discussion ensued between Mr. Ray and Counsel Lapaich regarding the property sitting for years unattended until he started maintaining it and his interest in purchasing it. Counsel Lapaich responded when someone is interested in purchasing City property, it is protocol that she goes to every City department head and asks if they have viable use of the property before the City gets rid of it; advising that is what she is in the process of doing at this time; stating that if it is ok to sell, the City is bound by Indiana law that says we have to bid it out in a certain way; explaining we cannot just sell out right to someone. Bunny Dimke, 405 Lakehills Road, asking for improvements of the path on City property located at the end of Warren Road Craig Phillips, Planning Director addressed the Board stating they have looked into this request; advising the path would run from the top of the hill at the end of Warren road right-of-way to the north of Lake Hills school down to Lakeshore Drive; explaining there is a pretty significant incline between the top of the hill and Lakeshore Drive; further stating he spoke to DLZ, our on call engineer-consultant to look into this for us; further advising it will be a significant amount of engineering design in terms of meeting the ADA requirements necessary for a grade and slope standpoint; further explaining this is a question of whether or not the City feels that enough people will use it and it is worth it; they would need to discuss this with the City Administration to see if this is something the City is interested in funding or not. Discussion ensued between President Janus and Mr. Phillips regarding if they have to do this or can just put mulch down. Mr. Phillips advised if we put any type of surface down we take on liability of making sure it is designed properly and meets those requirements. Councilman Don Przybylinski addressed the Board asking if a preliminary study can be done to get a cost together and go from there; advising it is always good to have facts and figures in front you when trying to explain things to folks the reason something is being done. Virginia Keating made the motion to employ DLZ Indiana, LLC. to do a preliminary survey of the area in question. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Corporate Counsel, Amber Lapaich addressed the Board clarifying this is not a new contract, it is under DLZ’s existing contract. PUBLIC COMMENTS President Janus stated we received a request from the Mayor approving honorary street signs to honor Pastor Ira Corley; advising it will read Pastor Ira Corley Court; one will be located at the corner of Ridgeland Avenue and Holliday Street and one at the corner of Ridgeland Avenue and Rose Street. Vice-President Murphy made the motion to approve Mayor Meer’s request for honorary street signs for Pastor Ira Corley. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: None (0). Motion carries. Craig Phillips, Planning Director addressed the Board wanting to take the opportunity to introduce the City’s new Electrical Inspector, Mike Foster; advising Mike comes to us with decades worth of experience as an electrician; he has been Vice-President of a couple of electrical companies as well as the owner of his own company; he is excited to welcome him to our team. BOARD COMMENTS President Janus asked if there were any Board comments, there was no response. ADJOURNMENT  Page 6 President Janus stated as there were no other items on the agenda to be considered by the Board at this time, declared the meeting ADJOURNED (approximately 9:19 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