Board of Public Works & Safety

REGULAR MEETING – December 7, 2020 ZOOM MEETING The Board of Public Works, and Safety of the City of Michigan City, Indiana met in regular session on Monday morning, December 7, 2020, at the hour of 8:30 a.m., local time, hosted by “ZOOM” and streamed live on “My Michigan City” Facebook page. The meeting was called to order by Vice President Keating, who presided. Noted present: Andrew White, Virginia Keating, Mayor Duane Parry (3) Absent: (0) A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich, Corporate Counsel Kaleb Goodwin, IT Shannon Eason, Park Department Skyler York, Planning Director Andrew Belue, Asst. Deputy Fire Chief-M.C.F.D. Jenny Clouse, Administrator Assistant-M.C.F.D. Cpt. Jeff Loniewski, M.C.P.D. Traffic Division Sue Downs, Code Enforcement Gale Neulieb, City Clerk Dawn Debald, Deputy Clerk Kristina Zawacki, Assistant Deputy Clerk APPROVAL OF MINUTES ACTING PRESIDENT-Selection of an acting President of the Board of Public Works and Safety to serve until the regular election in January Vice President Virginia Keating made the motion to nominate Andrew White as acting President. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS Keating and Parry (2). NAYS: (0). ABSTAINED: White (1) Motion Carries. Vice President Keating asked if there were any corrections to the minutes from the Regular Meeting of November 16, 2020. Mayor Parry made the motion to approve the minutes from the Regular Meeting of November 16, 2020. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. Vice President Keating asked for approval of the minutes for the Executive Session of November 18, 2020. Mayor Parry made the motion to approve the minutes from the Executive Session of November 18, 2020. The motion was seconded by Vice-President Keating and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. STREET CLOSURE REQUEST-Micah Morgan, Micah & Ceisa Homes, LLC, Aurora, IL. Is requesting to block a lane on Lake Shore Drive on January 4, 2021 from 6:00 a.m. to 5:00 p.m. (weather permitting) to stage a concrete truck to pour a foundation for new construction Skyler York, City Planner, stated that he and City Engineer Jeff Wrights, main concern is there are more people staying down on Lake Shore Drive still using the vacation rentals this year. They want to make sure they are giving enough space for the pedestrians riding bikes or walking/running to stay safe; also, for emergency vehicles to get around the closure safely. Mr. York is okay with the closure of one lane given that there is 16-20 feet of space for emergency vehicles to pass through and allowing safe traffic flow. Micah Morgan, stated that he is open to doing whatever is needed to ensure the safety of pedestrians, motorist and emergency vehicles. President Keating asked Mr. York if it would be of value to have an additional meeting with Mr. Morgan or for him to present his closure plan in writing. Mr. York stated that he has watched this company set a house before and they are very efficient; that his main concern was from a safety standpoint. Sue Downs, Code Enforcement, stated that she wanted to make sure everyone knew that there was going to be additional days for the road closures, not just the one he requested. That she agrees with Vice President Keating that we need a plan in writing for the additional closure dates for the safety of the residents through out the process of the build. Regular Meeting – December 7, 2020 Page 2 Mr. York stated that he also agrees that there should be a plan in writing; but that he does not want to push out the project and have another meeting if City Engineer Jeff Wright okay’s the safety plan by Mr. Morgan. Mayor Parry stated he would like to have a brief meeting before each closure with City Engineer, Jeff Wright to ensure that everything runs smoothly. Asst. Deputy Chief Andrew Belue stated that the fire department would go to the area and make sure they could get the vehicles through the closure safely and check the size of the road when they have the construction equipment down there to make sure they can get through the closure safely. Mayor Parry made the motion to approve the partial road closure pending Mr. Morgan submitting a safety management plan to City Engineer, Jeff Wright. The motion was seconded by Vice President Keating and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. APPROVAL OF VENDOR LICENSE-Yates Rubio, Northwest Indiana Lawncare, Inc. DBA as Weedman Lawncare, Merrillville, IN. is requesting approval for a Canvasser/Peddler/Solicitor license for one month (December 1, 2020 – December 31, 2020) from 9:00 a.m. – 7:00 p.m. to canvass areas door to door to provide free quotes for lawn area services for the 2021 season Vice President Keating asked Corporate Counsel, Amber Lapaich if she had looked at this request and if everything was in order. Counsel Lapaich stated that the only thing she would suggest is that the thirty day period begin on today’s date because, under the City Ordinance, a vendor license becomes valid on the day the license is approved and therefore, it cannot be made retroactive to December 1, 2020 as requested in the Petition. Further, Vice President Keating wanted to mention that the vendors should not be leaving literature on doors or mailboxes. That they should only be handing out fliers to customers they are in contact with. Mayor Parry made the motion to approve the request for a canvasser/peddler/solicitor license for one month to canvass areas door to door to provide free quotes for lawn area services providing that they do not leave literature on doors or mailboxes. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. ADDENDUM AGREEMENT-Shannon Eason is requesting approval of the Addendum Agreement between the City of Michigan City and the Waste Inc. RD/RA Group, Super Fund Site for the Singing Sands Trail on U.S. Hwy. 12 Corporate Counsel Lapaich stated that this Addendum Agreement was signed by Vice President Keating outside of a Board of Works meeting and needed to be brought back for a formal approval by the Board. Mayor Parry made the motion to approve the request for the approval of the Addendum between the City of Michigan City and the Waste Inc. RD/RA Group, Super Fund Site for the Singing Sands Trail on U.S. Hwy 12. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. PLACEMENT OF SANTA HOUSE-Michigan City Fire Department, is requesting to place their Santa House at the corner of 7th and Franklin Street (for display only) during the holidays A conversation between Mayor Parry and Jennifer Clouse, Michigan City Fire Department, ensued in a conversation about keeping the Santa House at Washington Park instead of moving it to the corner of 7th and Franklin Street like they had ensued. Ms. Clouse stated she thinks it would be best to leave the Santa House down at Washington Park since that is where the Festival of Lights is and that’s where everyone is going to come to see the lights. There is nothing festive at the corner of 7th and Franklin Street and she is comfortable with leaving it at Washington Park. Jennifer Clouse made an amendment to her request, that she would like to have the Santa House placed in Washington Park for the remainder of the Festival of Lights display. Mayor Parry made the motion to approve the amended request by Jennifer Clouse to place the Santa House in Washington Park instead of moving it to the corner of 7th and Franklin Street. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. CONSULTING AGREEMENT-Shannon Eason is requesting approval of the LPA (Local Public Agency) and BUTLER, FAIRMAN & SEUFERT, INC. as consultants to utilize federal monies with the Department of Transportation (INDOT) for a transportation or transportation enhancement project for Singing Sands Trail Phase 3B Shannon Eason, Park Department, stated that they are expecting construction to start Singing Sands Trail Phase 3B, this is the trail between Oak Hills Park and the maintenance facility on highway 12 and it is currently fully funded and is 80% federal and 20% local and the money has already been set aside. This agreement is for construction inspection services with Butler, Fairman & Seufert, Inc. They are currently working on other phases of the trail as well. If everything goes Regular Meeting – December 7, 2020 Page 3 according to plan, construction should start in April of 2021. The term of this project goes from the time of signature till December of 2021. Vice President Keating asked Ms. Eason if it is correct that the project should not exceed $123,500.00 and Ms. Eason said that is correct. Vice President Keating asked where are the funds coming from. Ms. Eason stated that they are federally funded through INDOT. Federally funded projects require construction inspection, so they have to hire a firm since the Park Department is using federal dollars. Mayor Parry asked if the work packages are competitively bided out as they go from phase to phase; i.e. did Butler, Fairman & Seufert Inc. have to bid against other inspection firms for this phase? Ms. Easton stated that yes, they did. INDOT requires that they put out a call for qualifications and they typically target 3-5 different firms. Once those packages come in, they are independently scored; they usually go to the City Engineer, the City Planner and two of the Park Superintendents and then are submitted to INDOT for their approval. Mayor Parry made the motion to approve the LPA (Local Public Agency) and BUTLERM FAIRMAN & SEUFERT, INC. as consultants to utilize federal monies with INDOT for a transportation or transportation enhancement project for Singing Sands Trail Phase 3B. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. CERTIFICATION POLICY-Robin Tilman, Michigan City Transit Director, is requesting the approval for the certification of a new policy for the Public Transportation Agency Safety Plan (required by FTA 49 CFR Part 673) Robin Tilman, Michigan City Transit Director, stated that this plan is required by the FTA for all small transit systems and has to be certified every year by the governing Board; this is a new requirement and in order to stay compliant with the Federal Grant Management, they must develop this safety plan. This safety plan includes several layers of safety review and management. The members on the safety board include herself, Cranston Harris Superintendent and a manager from the Central Service Department area and three licensed CDL holders, that is one of their check points. The second level is the Accident Review Board made up of herself, Cranston Harris and three CDL holders. Vice President Keating asked Ms. Tilman if there had ever been a prior safety policy like this one prior. Ms. Tilman replied there has been, but it had never been this extensive to where they had to develop a matrix to evaluate and log the safety incidents. The accident review board has been in existence for the last seven years. Ms. Tilman stated that safety hazard can be reported by anyone including passengers, motorist, and public officials. The report forms will be available at the transit department. Mayor Parry made the motion to approve Robin Tilman, Michigan City Transit Director’s request for the certification of a new policy for the Public Transportation Agency Safety Plan. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. ACQUSITION OF PROPERTY-DLZ Indiana, LLC is requesting partial acquisition of city property containing 0.023 acres frontage at SR 212; INDOT is offering $1,000 for the Fee Simple area; the project is near the intersection of US 35 and SR 212 Corporate Counsel Lapaich stated that the Aviation Commission would be a third-party beneficiary, the city owns this property, but we hold it for the benefit of the Airport. Their Board is meeting on December 10, 2020 to discuss this issue, it is time sensitive under the statute. The City has 30 days to accept it or reject it. DLZ is assisting INDOT with a project to help with the erosion in that area. They need to make a partial acquisition for 0.023 acres; they also submitted an appraisal of the parcel as a basis for their offer. If the Board approves this request, Ms. Lapaich recommends they approve it subject to the airport’s approval of the same as well. Skyler York, Planning Director stated that this transaction is needed for the Airports expansion. The Planning Commission is working with another project which is another piece of the project. Mr. York does not have any concerns as long as the Airport is okay with it. INDOT is seeking to own this property so it will be state owned. Mary Parry made the motion to approve DLZ Indiana’s request for the partial acquisition of city property containing 0.023 acres frontage at SR 212 subject to the approval of the Aviation Board. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. DISCIPLINARY EXTENSION REQUEST-Chief Doug Legault, Michigan City Fire Department is requesting a second extension of time to investigate a disciplinary issue until January 20, 2021 due to holiday schedules and Board of Works meeting dates Mayor Parry made the motion to approve the second extension of time to investigate a disciplinary issue until January 20, 2021 due to holiday schedules and Board of Works meeting dates. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. AGREEMENT FOR PROFESSIONAL SERVICES-An agreement between the City of Michigan City Board of Public Works and Safety and J & B West Roofing to provide certain repairs to the roof Regular Meeting – December 7, 2020 Page 4 of the Michigan City Fire Department, Station #2 located at 2005 E. US Hwy 12; in the sum of $36,492.40 plus the cost to replace deck boards Vice President Keating stated for clarification there were three bids submitted; one from R.L. Roofing in the amount of $43,500.00 and cost to replace deck boards, the second quote was from J & B West Roofing in the amount of $36,492.40 and cost to replace deck boards, and the third quote was from Arnett Construction in the amount of $38,100.00 and the cost to replace deck boards. The lowest and most responsive bidder was J & B West Roofing in the amount of $36,492.40 and that is the fire departments recommendation. President White made the motion to approve the bid contingent on the final contract and certificate of insurance be turned in. The motion was seconded by Mayor Parry and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. APPROVAL OF MEETING DATES-Requesting approval of the Board of Public Works and Safety meeting dates for 2021 Mayor Parry made the motion to approve the Board of Public Works and Safety meeting dates for 2021. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. CORRESPONDENCE-The Clerk’s Office received correspondence on November 20, 2020 from Joseph Stevens regarding an unimproved alley request from Carolina Avenue to Shawmut Road 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: CLAIMS DOCKET December 7, 2020 Municipal Claims $1,217,255.78 CDBG $38,437.37 Health & Life $446,862.12 Workman’s Comp $30,977.55 Total Claims $1,733,532.82 Mayor Parry made the motion to approve the claims docket for December 7, 2020. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. PAYROLL DOCKET November 20, 2020 City Payroll Total: $605,752.52 Mayor Parry made the motion to approve the Payroll Claims as presented. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. UNFINISHED BUSINESS- Vice President Keating 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 Vice President Keating asked if there has been anything done with this matter. Mayor Parry stated not to his knowledge. Mayor Parry believes this is based on NIPSCOs replacement pole program. Vice President Keating stated that we need to be updated on the status of this matter President White asked Skyler York if he had any input on this matter. Mr. York stated that City Engineer Jeff Wright sent out letters to NIPSCO and to representatives from the respected utilities, and emails as well. Mr. Wright is still waiting on responses from them. Vice President Keating asked Mayor Parry if he would like to keep it on the pending items list until the next meet. Mayor Parry agreed. Vice President Keating 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 Regular Meeting – December 7, 2020 Page 5 Vice President Keating stated that we will keep this on the pending items list and bring it back at the December 21, 2020 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 Vice President Keating stated that City Engineer Jeff Wright has been inquiring about this and contacted NIPSCO and it will be added to the City’s bill if we move forward. Vice President Keating asked Mayor Parry if he has had a chance to talk to Chief Campbell, he stated he has not. It is more than an issue of light, its more about crime statistics along this street. Vice President Keating stated this will stay on the pending items list until the next meeting. PUBLIC COMMENTS Vice President Keating asked if there were any public comments BOARD COMMENTS Mayor Parry expected a member of the public to be on the meeting. The owner of Fish Camp expressed an interest of offering carriage rides around Washington Park, but she did not have everything put together in time to get it approved during this meeting. She wanted to offer the carriage ride at $40 a ride providing blankets and they have to wear face masks. Cpt. Jeff Loniewski has to also inspect the physical details. If all of the conditions are met, then the Board should be able to approve this request. Mayor Parry made the motion to approve this request pending all requirements of the city ordinance by noon on Friday, December 11, 2020. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. Mayor Parry stated he would like to make a comment on the loss of our colleague and friend. Keith Harris, he was a professional and a good public servant and a good friend. He will be missed dearly. Vice President Keating offered condolences to the Harris family and stated that Keith was a wonderful man and a great leader and will be sorely missed by the Board. President White stated that he had the privilege of being an acquaintance of Keith and he gave his life to public service and his heart goes out to Keith’s family and friends. ADJOURNMENT Vice President Keating declared the meeting ADJOURNED (approximately 9:34 a.m.). Mayor Parry made the motion to adjourn. The motion was seconded by President White and carried as follows: AYES: MEMBERS White, Keating and Parry (3). NAYS: (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk