Board of Public Works & Safety

REGULAR MEETING – November , The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 4, 2019, 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 A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Sue Downs, Building Commissioner Skyler York, Assistant City Planner Christine Vanderborg, Code Compliance Officer Charles “Spike” Peller, City Engineer John Gorczyca, M.C. Sanitary District Robin Tillman, Transit Director Robert Zondor, Superintendent, Central Maintenance Kalon Kubik, Mayor’s Administrator Kim Sliwa, Deputy Clerk Dawn Debald, Assistant Deputy Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes from the Regular Meeting of October 21, 2019. Vice-President Murphy made the motion to approve the minutes from the Regular Meeting of October 21, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. AWARDING OF BIDS – Purchase of three (3) Medium to Heavy Duty Cutaway Transit Buses Corporate Counsel, Amber Lapaich addressed the Board stating Robin Tillman, Transit Director and herself reviewed the bids; explaining even though Midwest Transit Equipment Company, Inc. was the lowest bidder for the project, they are non-responsive because they failed to comply with the time deadlines set forth in the bid specifications; therefore Ms. Tillman is recommending the bid be awarded to TESCO (Transportation Equipment Sales Corporation) in the sum of $410,598.00. Virginia Keating made the motion to award the bid for the 2019 purchase of three (3) Medium to Heavy Duty Cutaway Transit buses to TESCO in the sum of $410,598.00. The Regular Meeting – November 4, 2019 Page 2 motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. AWARDING OF BIDS – Purchase of one ( ) Small Paratransit Cutaway Transit Bus Corporate Counsel, Amber Lapaich addressed the Board stating Robin Tillman, Transit Director and herself reviewed the bids; explaining Midwest Transit Equipment Company, Inc. was the lowest bidder for the project; advising they are non-responsive because they failed to comply with the time deadlines set forth in the bid specifications; therefore Ms. Tillman is recommending the bid be awarded to TESCO (Transportation Equipment Sales Corporation) in the sum of $74,468.00. Vice-President Murphy made the motion to award the bid for one (1) Small Paratransit Cutaway Transit Bus to TESCO in the sum of $74,468.00. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST TO PURCHASE CITY PROPERTY- James Kent, Providence Street, is requesting to purchase City property located on Main Street - parcel # >- - ?-3@@- 3@. - Corporate Counsel, Amber Lapaich addressed the Board recommending this matter be referred to her office so she can seek feedback from various City Departments and report back at the next meeting on November 18, 2019. Virginia Keating made the motion to refer the matter of the purchase of City property located on Main Street – Parcel #46-01-28-377-037.000-022 to the Legal Department for their review and report back at the next meeting on November 18, 2019. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. POLICY UPGRADES – Andrea Smith, Personnel Director, is requesting acceptance of upgrades and changes to the dental plan with no additional costs to employees - Lincoln (new dental provider) Corporate Counsel, Amber Lapaich addressed the Board stating she is still in the process of reviewing this contract; asking the Board to table this matter to the next meeting on Monday, November 18, 2019. Vice-President Murphy made the motion to table the policy upgrade to the next meeting on Monday, November 18, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. POLICY UPGRADES – Andrea Smith, Personnel Director, is requesting acceptance of upgrades and changes to the EAP plan with no additional costs to employees - Curalink (new EAP provider) Corporate Counsel, Amber Lapaich addressed the Board stating she is still in the process of reviewing this contract; asking the Board to table this matter to the next meeting on Monday, November 18, 2019. Regular Meeting – November 4, 2019 Page 3 Vice-President Murphy made the motion to table the policy upgrade to the next meeting on Monday, November 18, 2019. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. APPROVAL OF AGREEMENT – An agreement between the City of Michigan City, Indiana and Waste, Inc. RD/RA Group for the Reuse and Redevelopment of certain portions of the Waste Inc. Superfund Site located at @ East U.S. Highway , Michigan City, Indiana; Singing Sands Phase II Corporate Counsel, Amber Lapaich addressed the Board explaining the last Phase of Singing Sands Trail Phase II; stating the City owns the Waste, Inc. site however it is a Superfund Site that is under a Federal Consent Decree; advising the City had to work with the parties that are involved in the Federal Consent Decree (even though it is City property) to get permission to put this portion of the Trail on this site and make sure certain portions are secured with fencing and well monitoring; stating this agreement sets forth the City’s responsibility in maintaining the site as long as there is still a Federal Consent Decree; further explaining Phase II of the Trail will be going out for bid the end of this year/beginning of next year. Virginia Keating made the motion to approve the agreement between the City of Michigan City, Indiana and Waste, Inc. RD/RA Group for the Reuse and Redevelopment of certain portions of the Waste, Inc. Superfund Site located at 1701 East U.S. Highway 12, Michigan City, Indiana for Singing Sands Phase II. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. CORRESPONDENCE – The Clerk’s Office received correspondence on October 3, from Chief Mark Swistek, M.C.P.D. regarding his letter of resignation as Chief of Police REQUEST EXTENSION OF PHYSICAL FITNESS TESTING – Alan Kreighbaum, Michigan City Fire Department is requesting an extension of time for his physical fitness testing due to being on restricted duty Vice-President Murphy made the motion to approve the request for an extension for physical fitness testing for Alan Kreighbaum, Michigan City Fire Department. The motion was seconded by Virginia Keating and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. REQUEST EXTENSION OF PHYSICAL FITNESS TESTING – Tom Frontcakas, Michigan City Fire Department is requesting an extension of time for his physical fitness testing due to being on restricted duty Virginia Keating made the motion to approve the request for an extension for physical fitness testing for Tom Frontcakas, Michigan City Fire Department. The motion was seconded by Vice-President and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. RESIGNATION – The Michigan City Police Department announces the resignation of Officer Jacob Ray effective November , (Note: For informational purposes only) Regular Meeting – November 4, 2019 Page 4 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: ( ). 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 of 10/25/2019 $581,266.41 of 11/01/2019 $228,408.61 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 4 11/04/2019 $348,853.67 1 of 1 11/04/2019 $390,617.10 1 of 1 11/04/2019 $304,906.62 1 of 1 11/04/2019 $6,443.17 1 of 1 11/04/2019 $145,158.53 UNFINISHED BUSINESS President Janus stated the first item on the Pending Items list is an order to demolish – @ W. th Street – Owner Jason & Jane Straton Jason Straton addressed the Board stating he has the paperwork showing he followed through with the deed process necessary to make him the legal owner; advising on October 30, 2019 the process was completed; explaining that he will comply and obtain the performance bond needed so he can bring the property up to compliance. Corporate Counsel, Amber Lapaich addressed Mr. Straton stating that he needs to give Sue Downs, Building Commissioner a copy of the Court order and work with her in regard to the performance bond. Discussion ensued between President Janus and Counsel Lapaich regarding reviewing this matter again in 30 days. President Janus stated we will revisit this matter in 30 days, which will be the first meeting in December which is December , . Counsel Lapaich also stated that Mr. Straton does not need to be present at that meeting. President Janus stated the next item on the Pending Items list is Stacy Martin, Canada Park Neighborhood – Requesting Neighborhood Watch Signs for the area of and 3 block of Tremont Street- This was tabled from the August , to the September 3, meeting – then placed on the pending items / unfinished business list for the September >, meeting Regular Meeting – November 4, 2019 Page 5 Charles “Spike” Peller, City Engineer addressed the Board stating Central Maintenance has the signs; recommending this matter be referred to the Planning and Michigan City Police Departments so they can determine where to place them. President Janus stated we will keep this matter on the pending items/unfinished business list until the next meeting on November 18, 2019. President Janus stated the next item on the Pending Item List is a request by Vera Foster, Emma Street for lights at the park on Broadway Street / updated playground equipment / issue with no one stopping at stop sign on Broadway Street President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on November 18, 2019. President Janus stated the next item on the Pending Item List is a request from Cora Cambridge, Gladys Street, requesting lighting on Gladys Street and sidewalks on Gladys Street Charles “Spike” Peller, City Engineer addressed the Board stating there are two (2) lights on Gladys Street; one at the intersection of Gladys and Broadway Street and one (1) at the end of Gladys Street; advising his recommendation is to refer this matter to the Michigan City Police Department so they can determine if a third light is necessary; explaining there are three (3) street lights on Emma Street; one at the intersection, one in the middle and one at the end of the Street. Ernie Hollihan, 302 Gladys Street addressed the Board commenting on the lighting situation and sidewalk request on Gladys Street. President Janus stated this matter will be referred back to the Michigan City Police Department for their review and will be carried over to the next meeting on November 18, 2019. President Janus stated the next item on the Pending Items List is proposed property access – John Chalikian, > Franklin Street, is requesting the Board of Public Works and Safety to look into the agreement made with Mr. DellaPortas at the December H, > Board of Public Works & Safety meeting Corporate Counsel, Amber Lapaich addressed the Board stating the Water Department issued a letter with regard to their response; advising she is still looking into the matter. John Chalikian, 609 Franklin Street addressed the Board advising the letter dated December 5, 1996 states the road would be extended to give him access. Discussion ensued between President Janus, Skyler York, Assistant City Planner and Mr. Chalikian regarding who owns Town Center Drive. Mr. York stated the City does not own it; advising it was developed but never dedicated; explaining it is privately owned. Mr. Chalikian stated he does not want the City plowing snow in the winter time and placing it on his property. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on November 18, 2019. Regular Meeting – November 4, 2019 Page 6 REMOVAL OF SIGNAGE – Kent Lange, S. Porter Street, is requesting approval for the City to remove a “No turn on Red” sign located at the intersection of Michigan Boulevard and Hendricks Street Charles “Spike” Peller, City Engineer addressed the Board stating he received an analysis from American Structurepoint regarding the “No Turn on Red” signs; advising their recommendation is the “No Right Turn on Red” signs should remain in place; commenting his recommendation is to keep the signs up. Discussion ensued between President Janus, Virginia Keating and Mr. Peller regarding the motion that was made at the last meeting to replace the old signs. Mr. Peller asked if Central Maintenance will replace the old signs. President Janus stated that is correct. Virginia Keating made the motion to remove the matter of the “No Turn on Red” signs located on Hendricks Street and Michigan Boulevard from the pending items/unfinished business list. The motion was seconded by Vice-President Murphy and carried as follows: AYES: MEMBERS Janus, Murphy and Keating (3). NAYS: ( ). Motion Carries. President Janus stated the next item on the Pending Items List is Attorney Barry McDonnell, representing McDonald’s Real Estate Company, requesting acceptance of Deed of Dedication for new public right-of-way (alley) Sue Downs, Building Commissioner addressed the Board stating this matter is getting closer to being completed; advising John Gorczyca and herself went and looked at the alley and the work that has been done; advising there are a few more things that need to be finished up before it can be inspected to make sure it is up to code. President Janus stated this matter will stay on the pending items/unfinished business list until the next meeting on November 18, 2019. President Janus stated the next item on the Pending Item List is +WeCreate Media- Marketing Contract for – the > -day update will be on the July , at the B.O.W. meeting. Chris Cribbs, WeCreate Media gave the 3rd quarter presentation to the Board. President Janus stated this item will stay on the pending items/unfinished business list for the 4th quarter update at the 2nd meeting in January, which is Tuesday, January , . President Janus stated the last item on the Pending Item List is a request for the sale of Fogarty Street Property – Parcel # > 3> H (this was tabled from the May >, meeting) This item will stay on the pending items/unfinished business list for six (6) months – report back at the November ?, meeting. PUBLIC COMMENTS President Janus asked if there were any public comments; there was no response. Regular Meeting – November 4, 2019 Page 7 BOARD COMMENTS President Janus asked if there were any Board comments. President Janus stated that he hoped everyone would use their constitutional right to vote tomorrow. ADJOURNMENT 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 8:53 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: ( ). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk