Board of Public Works & Safety

REGULAR MEETING – November 2, 2020 The Board of Public Works, and Safety of the City of Michigan City, Indiana met in regular session on Monday morning, November 2, 2020, at the hour of 8:30 a.m., local time, hosted at the Michigan City Senior Center located at 2 on the Lake Michigan City, Indiana. The meeting was called to order by President Harris, who presided. Noted present: Keith Harris, Virginia Keating, and Duane Parry (3) Absent: (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich-Corporate Counsel Skyler York-Planning Director Andy Matanic-IT Director Terry Borolov-IT Chris Yagelski-Mayors Administrator Shong Smith-Central Services Asst. Chief Kyle Kazmierczak-Michigan City Fire Department Cpt. Jeff Loniewski-Traffic Division Sue Downs-Building Commissioner Gale Neulieb-Clerk Kristina Zawacki-Asst. Deputy Clerk PLEDGE OF ALLEGIENCE APPROVAL OF MINUTES President Harris asked if there were any corrections to the minutes from the Regular Meeting of October 19, 2020. Mayor Parry made the motion to approve the minutes from the Regular Meeting of October 19, 2020. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. OPENING OF BIDS-Demolition of 702 S. Ashland Ave-Owners Terry Logmann, Sr., Richard Gersch and Terrance L. Logmann Jr. President Harris asked if there were any other vendors present who still need to submit a bid for the demolition of 702 S. Ashland Ave. Hearing none, President Harris asked for a motion to close the bids. Mayor Parry made the motion to close the bids for the demolition of 702 S. Ashland Ave. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Corporate Counsel, Amber Lapaich stated that she had received four (4) bids in the file; the first bid was from Smith and Sons in the amount of $10,500.00. The second bid was from Acting Contracting LLC. in the amount of $9,100.00. The third bid was from General Contractor Inc. in the amount of $16,800.00. And the fourth bid was from Pavey Excavating Inc. in the amount of $13,600.00. Counsel Lapaich stated that President Harris needs to refer the bids to her office and Planning for formal review and recommendation at the next meeting. President Harris made the motion to refer the bids to the Attorneys office to review and make sure everything is in order and Counsel Lapaich will provide her recommendation at the next Board of Works meeting being held on Monday, November 16, 2020. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. OPENING OF BIDS-Demolition of 235 F. Street-Owner Jamaal Taylor President Harris asked if there were any other vendors present who still need to submit a bid for the demolition of 235 F. Street. Hearing none, President Harris made the motion to close the bids for the demolition of 235 F. Street. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Corporate Counsel, Amber Lapaich stated that she had received four (4) bids in the file; the first bid was from Smith and Sons in the amount of $12,500.00. The second bid was from Acting Contracting LLC. in the amount of $12,950.00. The third bid was from General Contractor Inc. in the amount of $18,000.00. And the fourth bid was from Pavey Excavating Inc. in the amount of $14,985.00. Regular Meeting – November 2, 2020 Page 2 President Harris made the motion to refer the bids to the Attorneys office to review and make sure everything is in order and Counsel Lapaich will provide her recommendation at the next Board of Works meeting being held on Monday, November 16, 2020. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. OPENING OF BIDS-Bid received for the Sale of City Property-131 Edwards Street, Parcel #46-01- 28-482-002.000-022 Corporate Counsel, Amber Lapaich stated that the bid that was received for this property was of an adjacent property owner; Indiana Invesco LLC. the amount of this bid was $1,500.00 President Harris stated that to his understanding the Board has the option to accept this bid allowing Corporate Counsel, Amber Lapaich, to negotiate on behalf of the Board. President Harris also asked if the Board is required to set the minimum. Counsel Lapaich stated that when the Board got the property appraised, they set the offering price at the appraisal plus the cost of the appraisal and the recording fee; the opening bid was set at $9,725.00. Because it is an adjacent property owner and because the Board only received one bid; Indiana law allows the Board to negotiate that if the Board chooses, the Board could decline all of the offers or the Board could table this bid and set an Executive Session and give Counsel Lapaich the authority to negotiate with Mr. Kenneth Purze and come back and possibly award the bid. Mayor Parry made the motion to decline the offer and advise Counsel Lapaich to negotiate and schedule an Executive Session for this bid. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. CORRESPONDENCE-The Clerk’s office received correspondence on October 23, 2020 from Ken Purze regarding the Sale of City Property located at 131 Edwards Street Corporate Counsel, Amber Lapaich was in receipt of the letter. APPROVAL OF AGREEMENT-Michael Noland, Northern Indiana Commuter Transportation (NICTD) is requesting approval of an agreement regarding Ownership, Operation, and Maintenance of 11th Street Station and Parking Structure between The Board of Public Works and Safety and the Northern Indiana Commuter Transportation District; commencing from the date first written to December 31, 2070 President Harris stated that he attended the workshop and that the Mayor attended the workshop. President Harris asked Mr. Noland if he has anything else to add; Mr. Noland said that nothing has changed since the workshop and that he had nothing to add unless there were any questions. President Harris asked if there were any questions or comments from the public regarding this issue. Paul Przybylinski, 1716 Washington Street, Councilman 2nd Ward. Mr. Przybylinski stated that he brought up a problem at the workshop that he saw after seeing some of the documents from NICTD. Mr. Przybylinski has an issue with closing some of the streets; particularly the way that the station is designed with Pine Street closed; he feels at the workshop during the discussion it was brought up that it would delay the project but could be looked at. Mr. Przybylinski stated that he also had an issue with Carol Street being closed; if you go over to that area of town that is one of the main intersectors to get from the Northeast side of town to the South end of town for the people who live in the area. Mr. Przybylinski asked the Planning Department if they had conducted a traffic study and was told that NICTD had done one; and he has not seen anything or been given any information on that. He believes that the traffic is going to double on Franklin, Wabash, and Washington Street; and that there should be another North/South intersector especially with all the traffic coming to the train station. Mr. Przybylinski is questioning if the Fire Department has run response times or any drills to figure out response times instead of getting the okay from the ex-fire chief. The City of Michigan City is getting 1/10th of what they need. Mr. Przybylinski does not recall that NICTD is getting all of 11th Street; and that it was just the West side of Michigan City and that all of 11th Street will be shut down; the property should have been bought and leased to NICTD so that 11th Street didn’t have to be shut down. Mr. Przybylinski brought up that there has not been a scheduled workshop with the Redevelopment Commission to find out how much money they have, how they bonded out and how much the city is doing. Mr. Przybylinski believe this request should be tabled so that the City Council can get more information from the Redevelopment Commission; that there are other Council members that do not agree with this contract. Don Przybylinski, 215 Gardena Street, Councilman at Large; stated that the City Council has been involved with the process from day one. Mr. Przybylinski stated that the City Council did not even get to vote on this agreement; and that the BOW members are going to vote on something that is going to affect Michigan City for 50 years. Two members, one that is appointed and one that is elected are going to vote on this agreement for a city of 30,000 people. Mr. Przybylinski asked President Harris if he has read the agreement from cover to cover and understands everything about it. Mr. Harris stated that he had read it in its entirety and understands it. Mr. Przybylinski also asked President Harris if he understands how the City is going to finance all of the different jobs and everything that goes with it; Mr. Harris stated yes, he does. Mr. Przybylinski stated that he had questions for Mr. Harris to answer. How does the city plan to get out of any part of the agreement if need be? What is the safety of the citizens in the neighborhoods of Michigan City where the streets or going to be closed off? Has the fire department taken their equipment down the streets where the streets are going to be blocked off; do they have a plan to fight a fire at the very end of the cul-de-sac and get the equipment out of there and turn it around. Deputy Chief Kazmierczak, Michigan City Fire Department stated that the question that Councilman Przybylinski Regular Meeting – November 2, 2020 Page 3 asked before coming up to the stand was about Carol Ave; and if there were any means or type of action on that. Deputy Chief Kazmierczak stated that they were going to be conducting exercises in the near future but there will be streets blocked off to see what kind of response time they will get; but as of right now, no they have not accomplished that. Deputy Chief Kazmierczak has 100% confidence in the department that they will be able to handle everything. Mr. Przybylinski stated that the Board is getting ready to sign an agreement before test have been ran; so, what if the test are ran and they do not work? When will the district start paying the money to the city, and who is going to run the parking garage for the city and what is the additional cost going to be once the district stops paying the city for the parking garage? How does the City plan on having the community perform the day to day operations of the parking structure, who is going to pay for that and who would be in charge of hiring them, is NICTD paying them or would the city be paying them to do the work. Where is the money to pay for them coming from? On a day to day basis the city will have to monitor the parking structure making reasonable efforts to make sure non commuters do not use the commuter reserved parking spaces in the parking structure Monday thru Friday from 6:00 a.m. to 2:00 p.m. Does that mean the city has to have someone driving through the parking garage on an hourly basis to make sure there is not someone that is not supposed to be parked there? Who is going to be monitoring that; will it be a NICTD employee and the City will have to pay the NICTD employee? Or is it going to be a City employee and NICTD will have to pay the City employee to make sure the only ones parked in the lot are people using the train? Mr. Przybylinski stated that he is there representing the citizens of Michigan City through out the whole city; and that he believes the citizens do not know that the agreement was brought in front of the Board to be voted for. The cost category, the operations which include a lot of day to day items, and maintenance. Mr. Przybylinski stated who is paying for all of the day to day, month to month basis; is NICTD going to be paying for all of this in the 50-year agreement? If not, when does the City take over the cost of operating the garage and when does NICTD start paying for the garage? Or is it a combination of the two for the next 50 years? Mr. Przybylinski explained that he doesn’t understand why the Board of Works gets to vote on this agreement but the City Council does not get the chance to vote on this as the Council has been voting on everything up to now with the NICTD project. Paul Przybylinski, stated additionally to what Councilman Don Przybylinski said; in the agreement the representation that there was going to be free parking in the parking garage for the citizens of Michigan City after 2:00 p.m. In the agreement its states that when the district starts charging to use the garage, everyone will get charged to use the garage. Mr. Przybylinski mentioned that there are two fire trucks out of service and what units they will have to respond to some of the neighborhoods that are cut off and it limits the usage. Mr. Przybylinski would like the Board to take a step back and take more time to get figures from the Redevelopment Commission. Mr. Przybylinski believes that the Council should have had more input to protect the City of Michigan City; the Board should not be taking the Councils rights away to vote on a resolution in what is in the contract or get a better deal. Don Przybylinski stated that he is not going to call the old members and asking them about the past discussion of the agreements that were made when they were on the Board, Council or Mayor. They are not the ones representing the citizens of Michigan City, the current Council represents them and why Mr. Przybylinski was at this meeting; to ask the questions for the citizens and why he asked President Harris to answer the questions he addressed him with. Mr. Przybylinski stated that he came to the meeting to ask questions for the public, for the residents of Michigan City that he represents; he did not ask questions to put anyone on the spot. President Harris asked if any of the Department Heads that had been mentioned would like to add to the discussion. Corporate Counsel, Amber Lapaich stated briefly that 4 years ago the Common Council passed Resolution #4661 which set forth the Double Track Agreement, street closures, and the parking garage. The agreement in front of the Board right now is not talking about street closures; that was decided 4 years ago. The agreement right now is dealing with day to day operations of the parking garage which was set up 4 years ago by the Common Council for the Board to now deal with. Counsel Lapaich stated that the question about the 50-year agreement, she asked that question right away as she was also concerned about the length. The answer she was given was that is a requirement of the FTA; the out prevision in the contract is if there are no appropriation of monies in the budget that is the out provision. Now the pieces need to be put together how to manage this agreement on a day to day basis. Skyler York, Planning Director addressed the Board stating that he would also be asking Michigan City Deputy Fire Chief Kyle Kazmierczak to come up and speak as well; but that they have taken into consideration of the impact of the levels of service. The Planning Department has worked with Fire Department; there are areas in the city right now at a standpoint of access that are worse now than what will be created when they are working on the project. They are already servicing cul-de-sacs and tighter areas than this like Sheridan Beach area. The fire department had input on the cul-de-sacs in the beginning when the project was first brought up. Once construction starts, there will be two to three years of construction; the city does not want to be caught not knowing how to operate the garage; they want to be planning on what equipment they need. The Planning Department has reviewed the levels of service provided; they have talked to the Street Department about how they are going to plow, and how they are going to remove snow. Counsel Lapaich asked Mr. York if he could touch base on the development around the area and how the parking garage will come into play with that development. Mr. York stated that the parking garage could be used for off set of new development if new development happens there. The Redevelopment Commission is reserving 7,500 sq. feet of Franklin Street; at a time they find a developer to develop that area there will be a mixed-used building. The Redevelopment Commission is reserving a right in the contract to negotiate with NICTD for private parking so that there can be shared parking. Mr. York stated that it would be very hard to find a developer to take the property if they do not have that right to have guaranteed parking. Mr. York stated that they have had a lot of discussions with the fire department and just had a meeting with LaPorte County EMS and the Street Department. Regular Meeting – November 2, 2020 Page 4 Deputy Fire Chief Kazmierczak stated that he wanted to clarify to say they do have a plan in place, it is just currently not documented, and they are working on it. Deputy Chief Kazmierczak explained they have had numerous workshops and canvasing with Fire Chief Krivak, and Fire Marshal Bruder and looked at fire hydrants, and how they are going to respond to certain areas in the City. Continuing there are cul-de-sacks and tighter quarter’s on Lake Shore Drive and streets that they can not access but no one believes that that is an issue. Cpt. Jeff Loniewski, MCPD Traffic Division, stated that he doesn’t not have much to add to the planning as the previous Police Administration was involved in the planning along with the previous Mayor and previous City Planner/Director. At the time they did express some concerns but were told the benefits that this project would bring to the City would balance out some of the extended response times. Recently NICTD did form a Safety committee that is comprised of all the Police Departments, Fire Departments, EMS agencies that are affected by the double tracking. There has been one meeting so far and they are making attempts to address some of the problems or issues that were poorly covered in the previous plan. Michael Noland, NICTD President, stated that this agreement is not about closing any of the streets, the Council agreed to that. There are commitments that NICTD has made in the agreement; its an agreement between the City of Michigan City and NICTD. NICTD is not going to go back on their commitments and he expect the City will not go back on theirs either. The discussion that was meant for today was how are they going to operate the parking garage. The agreement never discussed if the parking garage was going to be long term free parking. The 2016 agreement says that if the City is maintaining the garage they can charge the NICTD customers for parking; if they charge for parking, then it has to be the same rate they charge the Michigan City residents to use it after the commuters are done using the garage. There is no obligation to charge. But if they do charge it will be the same rate for commuters or non-commuters. President Harris asked if there were any other public comments. Hearing none he continued the discussion to address some of the issues; he believes its already been addressed how the outs in this contract consists of. Both sides of this agreement have the ability to get out of the contract if they feel the need to do so. One thing President Harris would like to add is a takeaway from the workshop that NICTD had. If 15 years from now the City decides they want out of the contract, then it would take away the ability for the citizens to park in the garage when it is not being used by the NICTD customers. From Mr. Harris’s point of view, building the parking structure will be creating the way to alleviate the parking issues that downtown Michigan City has now. As far as charging fees and who is going to be paying for maintenance; President Harris stated he understood if and until NICTD decides to start charging parking in all of their facilities, not just this garage. All of the costs generated whether its through personnel or materials. The bill gets sent to NICTD and NICTD reimburses the city. Until NICTD starts charging for parking the City is reimbursed all of the maintenance cost. The City could decide to start charging fees before NICTD does but would still have to charge everyone the same rate. As far as the safety goes, Deputy Chief Kazmierczak talked about it as well as Skyer York, City Planner. Mr. Harris stated he has every faith in the emergency management personnel that no matter what is thrown in front of them, they will work around it. They serve the people of the City as well and the safety of the city is their primary focus. Mayor Parry stated that he had one comment to make. He resents some of the comments that were made. This government is not a secret society, they have been open. The Executive Branch in Michigan City government which consists of the Mayor, Clerk’s Office, and the Mayors Administration; there was a point in time where they were not involved in it before Mayor Parry became mayor and it was in the lane of the Councils activities. The Executive Branch is staying in their lane and doing their job; specifically, he resents the comment made by Paul Przybylinski that information has not been shared, and no attempt made by the administration. Mayor Parry stated that he has offered several times to arrange meetings between team members of the Redevelopment Commission, and members that are involved in this project to give whatever information is requested. Mayor Parry continued that Mr. Przybylinski has refused to attend the meetings because he doesn’t like those members. Mayor Parry stated that Mr. Przybylinski should not be telling the public that he has not received the information he has asked for, because if he complied with the meetings, he would get the information he needs. President Harris asked Counsel Lapaich if it is the job of the Board of Works to sign all contracts with the City of Michigan City. Counsel Lapaich stated yes, it is, but when the Council laid out this agreement in 2016 they contemplated that the separate agreement would be coming and the separate agreement lays out the day to day activity. The Council does the appropriating of money and that she thought it was best served by the Board of Works to discuss with all of the different departments to try and figure out an agreement that was generated back in 2016, how to do this day to day. Employees of the City will be maintaining the parking garage; but all costs will be reimbursed by NICTD. Don Przybylinski asked if NICTD reimburses the City of the cost to go and plow snow; are they talking about an hourly wage or does that mean the City has to go and buy a small snowplow to take care of the parking garage. Or that the Street Department will have to hire a new employee and make sure they are down there every day in the wintertime to make sure they are working. Does that mean NICTD will pick up the insurance. Or does NICTD have to reimburse the city for the employee. Continuing that they are taking a plow off of the street and sticking it in the parking garage and will they have to hire someone to make sure the parking garage is clean all of the time? With the parking garage starting to get ready to be used in the next two years; and figure out how the parking garage is going to be financed, who’s paying for what, and to what degree is it going to be done. President Harris asked Counsel Lapaich if she had anything to add. Counsel Lapaich stated she did; that they had outlined insurance and outlined indemnity. With respect to the City’s obligation to this contract the City would be liable for them. Insurance knows this is coming forward with Regular Meeting – November 2, 2020 Page 5 respect to any obligations for NICTD under this contract they would be liable for those obligations. For the general maintenance Mr. Przybylinski is correct. If there is any issues with a slip and fall it will fall back on the City; the City needs to make sure they perform their duties and maintain the parking garage. President Harris stated for an example, just like any part of the city if we do not maintain the streets and someone slips and falls, the city is liable for that as well. Regarding the question about hourly wage to go in and plow or clean, is that part of the agreement for NICTD to reimburse? Counsel Lapaich stated that is correct. President Harris asked if the City were to contract this work to someone else, a nonemployee would this be billed to NICTD as well? Counsel Lapaich stated that yes that’s correct. President Harris asked if there were any other questions from the Board. Hearing none, President Harris asked for a motion. Mayor Parry made the motion to approve Michael Noland’s request of the approval of an agreement regarding Ownership, Operation, and Maintenance of 11th Street Station and Parking Structure between The Board of Public Works and Safety and the Northern Indiana Commuter Transportation District; commencing from the date first written to December 31, 2070. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. APPROVAL OF AGREEMENT-Andrea Smith, Personnel Director is requesting approval of a Service Exchange Agreement between American Fidelity Assurance Company and the City of Michigan City, Indiana for flex spending services Corporate Counsel, Amber Lapaich stated that this agreement would be a change in the City’s vendor that is associated with flex spending; there is no cost associated to the city, they would just be changing vendors. President Harris asked if there were any questions from the Board with this request. Hearing none, President Harris asked for a motion. Mayor Parry made the motion to approve Andrea Smith, Personnel Directors request for the approval of a Service Exchange Agreement between American Fidelity Assurance Company and the City of Michigan City, Indiana for flex spending services. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. EXTENSION OF PHYSICAL FITNESS TESTING-The Michigan City Fire Department is requesting to extend the fall 2020 Physical Fitness Testing until November 13, 2020 President Harris asked MCFD Deputy Chief Kazmierczak why he is requesting an extension for the fall physical fitness testing. Deputy Chief Kazmierczak stated that there are some on the job injuries that have occurred while they were on shift either due to training or going on numerous calls. Deputy Chief Kazmierczak would like to do a blanket extension because they do have and have had some individuals that are out due to COVID related issues so this extension gives them the opportunity to get the physical fitness testing completed in their time allotment. President Harris asked the Board if there were any questions for Deputy Chief Kazmierczak. Mayor Parry stated there are four firefighters that are asking for extension due to being on light duty and they are work related injuries. Mayor Parry asked if there was an issue that needs to be looked into and the safety of what they are doing. Deputy Chief Kazmierczak stated that they have conducted after action reviews on these injuries and they are merely just accidents while they were doing search and rescue. One individual got their hand stepped on, another was a shoulder injury that could not have been prevented, he had a bicep tear while performing training evolutions. He doesn’t believe anything could have prevented those, they conduct stretching and other things before training. President Harris stated regarding the blanket extension for November 13, 2020. President Harris made the motion to approve the extension. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. 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 light duty President Harris stated that Deputy Chief Kazmierczak just explained in the last request why Alan Kreighbaum is requesting an extension. President Harris had spoken with City Controller Yvonne Hoffmaster about Mr. Kreighbaum asking to have his bonus to be encumbered until next year, Ms. Hoffmaster told Mr. Harris that this is not an irregular request, it has been done before. Mayor Parry made the motion to approve the request for extension into 2021 of the physical fitness testing of Michigan City Firefighter Alan Kreighbaum due to being on light duty. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. EXTENSION OF PHYSICAL FITNESS TESTING-Kyle Gish, Michigan City Fire Department is requesting an extension of time for his physical fitness testing due to being on light duty President Harris made the motion to approve Kyle Gish’s request for an extension of time for his physical fitness testing due to being on light duty. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Regular Meeting – November 2, 2020 Page 6 EXTENSION OF PHYSICAL FITNESS TESTING-Joseph Guncheon, Michigan City Fire Department is requesting an extension of time for his physical fitness testing due to being on light duty Mayor Parry made the motion to approve Joseph Guncheon’s request for an extension of time for his physical fitness testing due to being on light duty. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. VENDOR LICENSE-Ron Landroop “A Slice of Heaven” is requesting the renewal of his Mobile Food Vendor license (six (6) months) to be located at Brandt’s Old Fashion Feed and Pet Store located at 309 Michigan Boulevard President Harris stated that all of Mr. Landtroops items were in order and Counsel Lapaich checked it over and agreed. President Harris made the motion to approve Mr. Landroops Mobile Food Vendor license for the next six (6) months. The motion was seconded by Mayor Parry and carried as follows: CLAIMS AND PAYROLL 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: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. CLAIMS DOCKET Municipal Claims $159,190.86 Health & Life $264,717.59 Workers Comp $23,499.54 Total Claims $447,407.99 Mayor Parry made the motion to approve the claims docket for the amount stated above. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. PAYROLL DOCKET October 23, 2020 City Payroll Total: $557,795.93 President Harris made the motion to approve the Payroll Claims for October 23, 2020 as presented. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. UNFINISHED BUSINESS President Harris stated the first item on the Pending Items List is a request from Paul Przybylinski, concern over old hanging poles/wires that belong to NIPSCO or Comcast that need to be removed from City right-of-way President Harris stated that all of the Board members received a letter from City Engineer, Jeff Wright sent to NIPSCO asking the question about when some of the poles might start being removed. President Harris’s recommendation is to leave this on the pending items list until we hear any further information. President Harris stated the next item on the Pending Items List is a request from Michael and Rineda Samuels, 215 South Woodland Avenue, requesting to have the city install a “deaf child in area sign” for both the South and Northbound traffic lanes at their residence President Harris stated that one sign has been installed so far. Shong Smith, Michigan City Street Director, stated that they are waiting on the southbound sign and should have it within 48 hours from the day of the meeting. Counsel Lapaich stated that the Board was still waiting on the completed application by the homeowners; and asked if the Clerk’s Office had received it yet. The Clerk’s Office replied they did not receive it yet. President Harris asked if the Clerk’s Office could reach out to them again and get it taken care of. This item will stay on the pending items list until the next BOW meeting. President Harris stated the next item on the Pending Items List is a request from Myra Remmel, 139 Boyd Circle, requesting approval to place split rail fencing in the cul-de-sac in Edgewood to protect the evergreen trees, the fencing and any damage done to it will be paid at the neighbors expense Regular Meeting – November 2, 2020 Page 7 President Harris asked the Mayor if he went out to the neighborhood last week, he stated that he did not have a chance to make it but Shong Smith, Street Director went on his behalf. Mr. Smith stated that he recently met with Myra Remmel and the residents at 133, 139, 141 and 155 Boyd Circle; they are requesting the split rail fence that is going to be 26 feet at length and 6 feet away from the pavement, the street department will not bear any cost or bear any cost for supplies. The only issue Mr. Smith has with this request is that the street department has to be able to access the area to provide maintenance to the trees that are currently planted there. There are also utilities that are located in the cul-de-sac itself, NIPSCO and the current departments as in the Water Department and Sanitation need to be able to access that area. There are also additional residents addresses on the agreement that should have to sign the agreement to be binded to it; currently its just Myra Remmel and Chris Walker. President Harris mentioned that the Board had talked about there would be an agreement between the neighbors that they were to be held responsible for any of the damages to the fence. Counsel Lapaich stated that there would be if the Board were to give them permission to install the fence; there was discussion to put snow markers out for at least this year to see if it would help before the Board went to the extent of letting the neighbors install the fence. Mr. Smith said that the snow markers would be option one along with taking smaller mobilized equipment into the cul-de-sac as opposed to the heavier equipment like they have over the years. Mr. Smith recently spoke to all the drivers; all cul-de-sacs will be done with either dead end trucks or smaller mobilized equipment. Mr. Smith would recommend just using the snow markers; Mr. Smith said if it is not feasible then maybe his department could draft up an idea and send it to the legal department for approval. President Harris continued that he believes that Ms. Remmel was not opposed to snow markers during the last meeting and that would be his recommendation too. President Harris made the motion to install snow markers this year and see how it goes; and is denying Ms. Remmels request to install a split rail fence this year. The motion was seconded by Mayor Parry and carries as followed: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Mayor Parry made the motion to remove this request from the pending items list. The motion was seconded by President Harris and carries as followed: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. President Harris stated the next item on the Pending Items List is a request from James Taylor, requesting roadway access on Huron Avenue and would also like a streetlight installed President Harris asked Planning Director, Skyler York if there were any new findings on this request. Mr. York stated that he believes that City Engineer, Jeff Wright is working on the streetlight; that he left it up to Mr. Wright due to the streetlight being installed on the City right- of-way. President Harris said this item will continue to stay on the pending items list until the next Board of Works meeting. President Harris stated the next item on the Pending Items List is a request from Cora Cambridge, 220 Gladys Street, is requesting NIPSCO to switch the pole around in front of 227 for the light to hang over the street and not on the private property President Harris stated that the Board received an estimate from NIPSCO regarding the pole and light; it was stated that NIPSCO would put it up and the city would pay for it by adding a 6% monthly surcharge until the cost of it is paid off. This item is still pending, President Harris addressed Mayor Parry stating that at the last meeting Mayor Parry had some concerns he wanted to address with Chief Campbell. Mayor Parry replied with he has not had a chance to speak with Chief Campbell yet. This item will continue to stay on the pending items list until the next Board of Works meeting. President Harris stated the next item on the Pending Items List is a request from Pamela Utterback, representing the Shoreland Hills Property Owners Association, 203 Maplewood Trail, is requesting paving in the Shoreland Hills Subdivision President Harris asked if there have been any repairs done or anything that Mr. York was aware of? Mr. York stated that he is not aware of anything that has been repaired out in Shoreland Hills. The neighborhood association in Shoreland Hills has been told that it has not met the standards of repaving yet. President Harris wanted to know if this item should just be taken off the pending items list and bring it back when the time comes that they can receive paving. Mayor Parry stated that the City does not have the money right now to re-pave the area. Mayor Parry believes that this item should be tabled until the first meeting in March of 2021. Mayor Parry made the motion to table this request until the first Board of Works meeting in Match of 2021. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. President Harris stated the next item on the Pending Items List is a request from John Chalikian, 609 Franklin Street-No access to property-and drainage issues Skyler York, Planning Director, stated that it is on their radar as far as looking into the feasibility of extending Town Center Drive which is originally what was supposed to happen in the beginning. If it comes back that it is not feasible to do then it won’t be feasible to go through there. President Harris asked if there was any kind of time frame for this. Mr. York said as of right now the only thing they have done are topographical surveys. This was started prior to/beginning of COVID, new streets are expensive to construct through a wetland; and they are trying to be conservative as possible at this point in time. Regular Meeting – November 2, 2020 Page 8 President Harris made the motion to table this request until the first Board of Works meeting in March of 2021. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. President Harris stated the next item on the Pending Items list is an order to demolish – 710 W. 10th Street-Owner-Aleksandar Ristevski; Jason and Jane Straton Sue Downs, Building Inspector, stated that she has spoke with Mr. Straton and he has completed a lot of work; but he has been taking his time when it comes to getting the house in his name and she did not want to dismiss this request until he got this taken care of. She believes that he has submitted the paperwork for it; and that hopefully in the next 2-4 weeks we can finally get everything done. Jason Straton stated that he now has the home in his name. He has been working on this home as much as possible, he believes that he is way beyond the halfway point but does not have the exact timeframe of when he will have the house completed. The exterior is done minus a few details, the rough framing is done, installed some doors, and rough electric is done and ready for NIPSCO connection. The inside is not far from insulation, drywall, and flooring. President Harris asked if the Board gave Mr. Straton an extension till the December 21, 2020 BOW meeting would that be acceptable to him. Mr. Straton replied yes it would. President Harris also asked Sue Downs if she has any issues with the extension and she stated she did not. Mayor Parry made the motion to extend Mr. Stratons deadline until the December 21, 2020 BOW meeting. The motion was seconded by President Harris and it carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. PUBLIC COMMENTS President Harris asked if there were any Public comments Paul Przybylinski, 1716 Washington Street, Councilman for the 2nd Ward. Mr. Przybylinski wanted to address the property located on 710 West 10th Street; he believes it is located in the tif district and that the City needs to look at how much money is in the tif district. Mr. Przybylinski wanted to have a workshop with the Redevelopment Commission and have the Financial Committee there with the Redevelopment Commission, and an executive session because of a pending lawsuit to find out what is going on with the lawsuit. The Mayor called Mr. Przybylinski about scheduling a workshop and Mr. Przybylinski stated he told the Mayor he would not be able to attend due to his work schedule. That he needed a week in advance to make sure he did not work the day of the workshop. Mr. Przybylinski stated that the Executive Branch does not want to sit down and talk to the Legislative Branch. Mr. Przybylinski stated that there should have been a resolution in front of the City Council so that the two branches of government are working together or trying to work together. Mr. Przybylinski continued that he understands the roll of the Board of Works, but there is still a lot of discomfort about this agreement. As an elected official he believes he has the right to ask for information and if he does not receive it, he questions why. BOARD COMMENTS President Harris asked if there were any Board comments. Mayor Parry mentioned that there was a comment made about the structure of the Board of Public Works; when he came into office his belief was traditionally the Mayor holds a seat on the Board of public Works in previous administrations. Mr. Meer denied that when he was Mayor. Because it was a practice that was established and held by many Mayors; Mayor Parry took the seat, but if Counsel Lapaich believes that Mayor Parry is wrong he will step down from the seat on the Board. Counsel Lapaich stated that she thinks the first Mayor that appointed himself to the Board of Works was Mayor Oberly. He served for a period of time and Mayor Ron Meer also served for a period of time and then stepped down and replaced himself. Counsel Lapaich address Mayor Parry that she explained to him that there may be times where possible conflict of interest may arise and she recommends him to recuse himself from them; other than that when the circumstances may arise and he believes there may be a conflict she does not foresee a problem with him sitting on the Board as prior Mayors have done so. ADJOURNMENT President Harris asked for an adjournment, and the meeting was ADJOURNED (approximately 10:22 a.m.). Mayor Parry made the motion to adjourn. The motion was seconded by President Harris and carried as follows: AYES: MEMBERS Harris, Keating and Parry (3). NAYS: (0). Motion Carries. Regular Meeting – November 2, 2020 Page 9 _________________________________________ Gale A. Neulieb, City Clerk