Board of Public Works & Safety

REGULAR HYBRID/ZOOM MEETING – NOVEMBER 15, 2021 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, November 15, 2021, 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 and hosted by “Hybrid/Zoom” and streaming live on “My Michigan City” Facebook page. The meeting was called to order by President, Andrew White, who presided. Noted present in person: Andrew White, Virginia Keating, and Mayor Parry (3), Absent: None (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich-Stalbrink, Corporate Counsel Kaleb Goodwin I.T. Webmaster Jeff Wright, City Engineer Skyler York, Planning Director Andrea Smith, Personnel Director Captain Jeff Loniewski, M.C.P.D. Traffic Marty Corley, Chief of Operations, M.C.P.D. Chris Yagelski, Mayor’s Administrator Gale Neulieb, City Clerk Dawn Debald Deputy Clerk APPROVAL OF MINUTES Mayor Parry moved to approve the minutes of the Regular “Hybrid/Zoom” meeting of November 1, 2021, the Special AFSCME meeting November 2, 2021, and the Executive Session Labor Relations meeting held on November 2, 2021; seconded by Vice-President Keating. The minutes were approved by the following vote: AYES: Board of Public Works and Safety members White, Keating, and Parry (3). NAYS: None (0). Motion Carries. APPROVAL FOR CARRIAGE RIDES - Nicole Bissonnette, Fish Camp, is requesting approval for horse & buggy rides throughout Washington Park on December 5, December 11th, 12th and December 18th and 19th from 4:15 p.m.- 8:00 p.m. Corporate Counsel, Amber Lapaich-Stalbrink, addressed the Board stating that she would defer this matter to Captain Jeff Loniewski, M.C.P.D. Traffic, to see if he has any concerns. Captain Jeff Loniewski, M.C.P.D. Traffic addressed the Board stating that he had spoken to Ms. Bissonnette and this will be the same route and setup as last year; explaining that the inspection of the carriages won’t take place until the day before or the day of the event; recommending approval of this request contingent on the successful inspection. Mayor Parry made the motion to approve the request for horse & buggy rides throughout Washington Park on December 5, December 11th, 12th and December 18th and 19th from 4:15 p.m.- 8:00 p.m. contingent on Captain Jeff Loniewski, M.C.P.D. Traffic Division’s approval. The motion was seconded by Vice-President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. REQUEST FOR SOLICITATION OF BIDS/APPROVAL OF BID PACKET - Marty Corley, Chief of Operations, M.C.P.D. is requesting approval to solicit bids; a three (3) year lease program for eight (8) total vehicles– four (4) 2021 Dodge Charger Police Pursuant package AWD vehicles and four (4) Dodge Durango Police Pursuant Package AWD vehicles; and approval of bid packet Marty Corley, Chief of Operations, M.C.P.D. addressed the Board stating that he is requesting approval to solicit bids for a total of eight vehicles. President White asked Amber Lapaich-Stalbrink, Corporate Counsel if all of the paperwork was in order for the solicit of bids. Amber Lapaich-Stalbrink, Corporate Counsel stated that the paperwork is in order. Mayor Parry made the motion to approve the request to solicit bids; a three (3) year lease program for eight (8) total vehicles– four (4) 2021 Dodge Charger Police Pursuant package AWD vehicles and four (4) Dodge Durango Police Pursuant Package AWD vehicles; and approval of bid packet. The motion was seconded by Vice-President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. Regular Zoom Meeting – NOVEMBER 15, 2021 Page 2 REQUEST FOR SIDEWALK CLOSURE - David Merkel, Larson Daniel Construction Co., Inc., is requesting sidewalk closure to place fencing on the north side of 11th Street for the demolition of the South Shore building and an adjacent building for the NICTD Double Track project on November 15, 2021 – February 28, 2022 from 7:00 a.m. – 3:30 p.m. John Kirk, Construction Manager, DLZ and Lynn Shukitis, Larson Daniel Construction Co., Inc. addressed the Board explaining why they are in need of a sidewalk closure and fencing to be placed for public safety; advising they will be removing terracotta exterior of the building. Discussion ensued between Mayor Parry and Mr. Kirk regarding securing the building. Mayor Parry made the motion to approve sidewalk closure to place fencing on the north side of 11th Street for the demolition of the South Shore building and an adjacent building for the NICTD Double Track project on November 15, 2021 – February 28, 2022 from 7:00 a.m. – 3:30 p.m. The motion was seconded by Vice-President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. CORRESPONDENCE - The Clerk’s Office received correspondence on November 3, 2021 from Andre Glover, M.C.F.D. regarding his letter of resignation; last day on duty will be December 3, 2021. (NOTE: For Informational Purposes Only) INSURANCE POLICY RENEWAL - Andrea Smith, Personnel Director, is requesting acceptance of Employee Life Insurance Group Benefits with Dearborn National Andrea Smith, Personnel Director, addressed the Board stating that this will be a two-year contract with Dearborn Life Insurance; introducing Jeff Peckett, Michiana Insurance Services, to explain the policy. Mr. Peckett stated that this is a continuation of the previous three-year policy saving the City $11,000 a year. Mayor Parry made the motion to approve the acceptance of Employee Life Insurance Group Benefits with Dearborn National; a two (2) year contract. The motion was seconded by Vice- President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. CONTRACT APPROVAL - Agreement between the Michigan City Board of Public Works and Safety and Footlight Players – Footlight Players to perform Christmas Carols at the Michigan City Festival of Lights on Saturday, December 4, 2021 from 6:00 p.m. – 10:00 p.m. in the sum of $450.00 Mayor Parry addressed the Board explaining that this event is to kick off the Festival of Lights. Mayor Parry made the motion to approve the agreement between the Michigan City Board of Public Works and Safety and Footlight Players – Footlight Players to perform Christmas Carols at the Michigan City Festival of Lights on Saturday, December 4, 2021 from 6:00 p.m. – 10:00 p.m. in the sum of $450.00. The motion was seconded by Vice-President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. CONTRACT APPROVAL - Agreement between the Michigan City Board of Public Works and Safety and Mugshots - Phil Gushrowski; providing services and entertainment at the Michigan City Festival of Lights on Saturday, December 4, 2021 from 6:00 p.m. – 10:00 p.m.; payment to the City in the sum of $1,000.00 President White stated that a few details need to be worked out; asking Corporate Counsel, Amber Lapaich-Stalbrink for her advice on how the Board is to proceed. Counsel Lapaich-Stalbrink stated that the correct entity is City Lanes not Mugshots; advising the contract needs to be amended; explaining we do not have another Board of Works meeting again before this event; asking the Board to approve this subject to the correct legal entity being inserted in the contract and the contract being amended to reflect City Lanes instead of Mugshots. Further discussion ensued between President White and Counsel Lapaich-Stalbrink regarding if he can sign off on the agreement and have it ratified at the next Board of Works meeting. Counsel Lapaich-Stalbrink stated that is fine. Vice-President Keating made the motion to approve the agreement between the Michigan City Board of Public Works and Safety and Mugshots - Phil Gushrowski; providing services and entertainment at the Michigan City Festival of Lights on Saturday, December 4, 2021 from 6:00 p.m. – 10:00 p.m.; payment to the City in the sum of $1,000.00; contingent that the amended contract reflect the corrected business name. The motion was seconded by Mayor Parry and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. MEMORANDUM OF UNDERSTANDING A Memorandum of Understanding between the Michigan City Board of Public Works and Safety and the Michigan City Mainstreet Association for their donation of the “Celebrating Naomi Anderson” Sculpture to the City of Michigan City; installation and delivery no later than December 15, 2021 Regular Zoom Meeting – NOVEMBER 15, 2021 Page 3 Arturo Pozos, Mainstreet Association, 514 Holiday Street addressed the Board stating that this is a sculpture honoring Naomi Anderson, who was born in Michigan City and worked on Woman’s Right to vote; stating the sculpture is 18 foot tall and 35 feet wide and will be placed at Westcott Park; advising that Bernard Williams is the artist. Laura Fostberg, Project Manager for the Naomi Anderson sculpture project addressed the Board advising she is here today to make sure everything is good to go with the Mayor and Counsel Lapaich-Stalbrink; advising they had a meeting last week and everything is on track; explaining once this is approved the foundation will be ready to go and the installation dates will be before December 15, 2021. Corporate Counsel, Amber Lapaich-Stalbrink, addressed the Board stating that the Michigan City Mainstreet Association applied for grants, to help on this project; advising they were successful in getting the grants and this won’t be costing the City anything. Mayor Parry stated that the reason for the meeting last week was to discuss the logistics and a few details of the project. Vice-President Keating addressed the Board to commend the Michigan City Mainstreet Association for bringing this information to the City; stating that over time the public will learn from this and it will be an asset to the City. Discussion ensued between President White and Mr. Pozos regarding the history of this project and how thankful the City is to have this tremendous asset. Vice-President Keating made the motion to approve the Memorandum of Understanding between the Michigan City Board of Public Works and Safety and the Michigan City Mainstreet Association for their donation of the “Celebrating Naomi Anderson” Sculpture to the City of Michigan City; installation and delivery no later than December 15, 2021.The motion was seconded by Mayor Parry and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. ENGAGEMENT AGREEMENT - An engagement agreement between the City of Michigan City and Clark, Quinn, Moses, Scott, and Grahn. LLP. for legal assistance and related matters for the use, care, and control of the Esplanade Corporate Counsel, Amber Lapaich-Stalbrink addressed the Board stating that the Council recently passed an Ordinance for an additional appropriation to help fund this matter; advising they can now start addressing some concerns and issues the City has experienced with the Esplanade; recommending approval. Discussion ensued between Vice-President Keating and Counsel Lapaich-Stalbrink regarding if there is a duration on the agreement. Counsel Lapaich-Stalbrink stated there is none at this time; it starts now. Mayor Parry explained to the public the reason for the legal assistance in dealing with the Esplanade. Mayor Parry made the motion to approve the Engagement Agreement between the City of Michigan City and Clark, Quinn, Moses, Scott, and Grahn. LLP. for legal assistance and related matters for the use, care, and control of the Esplanade. The motion was seconded by Vice- President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. APPROVAL OF MEETING DATES - The Clerk’s Office is requesting approval of the Board of Public Works and Safety meeting dates for 2022 Vice-President Keating made the motion to approve the request made by the Clerk’s Office for approval of the Board of Public Works and Safety meeting dates for 2022.The motion was seconded by Mayor Parry and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. CLAIMS AND PAYROLL Mayor Parry 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 Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. CLAIMS DOCKET November 15, 2021 Municipal Claims $ 1,074,440.64 CDBG $ 4,211.45 Health & Life $ 173,930.17 Regular Zoom Meeting – NOVEMBER 15, 2021 Page 4 Workers Comp. $ 43,734.69 ZOO CASINO $ 1,523.20 Total Claims - $ 1,297,840.15 Allowance of claims as set forth in the Register of Claims as follows: PAYROLL DOCKET November 1, 2021 City Pension $ 208,710.42 PAYROLL DOCKET November 5, 2021 City Payroll $ 567,396.51 Mayor Parry made the motion to approve the payroll dockets for November 01, 2021 and November 05, 2021. The motion was seconded by Vice-President Keating and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. UNFINISHED BUSINESS President White stated the first item on the pending items/unfinished business list is Councilman Dabney/Shontelle Hogan Abrons-street sign dedication in honor of “Kamilion “Milly” Jenkins-corner of Holiday & Grace Street President White stated this matter will be placed on the pending items/unfinished business list until the next meeting on December 20, 2021 and until the signs are installed. President White stated next item on the pending items/unfinished business list is Brealon Hervey- Social Que BBQ and Catering, a Mobile Food Truck located at 621 Franklin Street President White asked the City Clerk’s Office if they had heard anything from Mr. Hervey. Gale Neulieb, City Clerk, stated the Clerk’s office has no updated information at this time. President White stated this matter will be placed on the pending items/unfinished business list until the next meeting on December 20, 2021. President White stated next item on the pending items/unfinished business list is Councilman Don Przybylinski requested that signage (rough crossings) be placed at Ohio Street and Tilden Avenue CSX crossing Mayor Parry addressed the Board stating that he did not have good news; advising that he met with a CSX Track Foreman & the Labor Union representative that does their work; explaining that he was told they cannot get the crossings fixed this year; it won’t happen until spring; however, specifically for the Ohio Street crossing they agreed to do “cold patching” (packing warm asphalt material) throughout the winter to maintain that crossings; commenting that the asphalt is flaking off and breaking apart; they will come back as needed to cold patch; further explaining this is not as good of a quality as when the asphalt comes out of the hot tanks; suggesting that we keep the Ohio Street crossing open and adding additional signage; further advising that he was told the crossing on Tilden Avenue will require a complete rebuild; the track has settled and they will have to pull out sections of the track and reset the rail in addition to fixing the crossing and the ties and everything between them; further explaining this will be a rubber installation; advising even if they rebuilt everything leading up to the rails and between the rails, the rails are so far down that whenever a vehicle goes over the track they will be bouncing around because of the dip in the track; further stating that he agrees with Vice-President Keating suggestion to close the crossing on Tilden Avenue for the winter; stating there are adjacent crossings that can be used; Jackson Street to the east and Franklin Street one block to the west. President White stated he is in agreement with the Board’s decision for both crossings. Discussion ensued between President White and Jeff Wright, City Engineer regarding if Mr. Wright has any opposition to the Board’s decision or any input on it. Mr. Wright stated he has no objections, deferring this to the wisdom of the Board. Vice-President Keating made the motion to approve the additional signage at the Ohio Street crossing; making the signs larger and more visible; including “Dangerous Crossing” in the language and posting reduced speed limit signs; and close the crossing on Tilden Avenue until after winter. The motion was seconded by Mayor Parry and carried as follows: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. Regular Zoom Meeting – NOVEMBER 15, 2021 Page 5 Jeff Wright, City Engineer addressed the Board going back to the Tilden Avenue crossing closure; commenting on the closing of the railroad tracks and putting up barricades; stating there is a tendency with road closures for the public to move barricades out of the way and try and get through the closure; explaining he believes that they still need to post the yellow signs with reduced speed that were talked about; stating that in the event the barricades get moved at least there is advisory speed limit near the crossing. Discussion ensued between President White and Mr. Wright regarding what is the most efficient way and options to advise people of the closed crossing. President White asked if concrete barriers could be placed at the crossing so they could not be moved. Mr. Wright advised as a general premise, we would not want anything that is fixed and not flexible that someone could impact and hit it; explaining the tracks are traversable, and even if the barricades are moved it can be traversed. President White stated that a Press Release will need to go out to the Public for safety reasons about the closure and also on local radio stations. Corporate Counsel, Amber Lapaich-Stalbrink asked the Board to please amend the original motion. Vice-President Keating amended the motion to approve the official closing of Tilden Avenue for the winter beginning on November 22, 2021 adding that the Mayor will issue a press release announcing the date and duration of the closing and will also give that information to the local radio stations. The motion was seconded by Mayor Parry. The request was approved by the following vote: AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. PUBLIC COMMENTS President White asked if any other public comments. Bonny Schaaf - 111 Wilshire Avenue, Co-Chair of the Celebrating Naomi Anderson project team, and also a committee member of Michigan City Mainstreet Association stated they would like to thank the Board for approving this project and the prior approval of the placement in Charles Wescott Park. Tommy Kulavik 1316 Ohio Street addressed the Board to announce that the Michigan City High School football game tickets go on sale tomorrow at the High School starting at 8:00 a.m. at the Athletic Department for the first semi state game at Ames Field; stating if MCHS wins they head down state to Indianapolis for the State championship. BOARD COMMENTS President White asked if there are any Board comments; there was no response. President White stated that the Michigan City High School has a very big football game on Friday night at Ames Field; advising that Michigan City has never had a game of this magnitude taking place in the City of Michigan City; explaining if they win they will go to Lucas Oil Stadium and play on Thanksgiving weekend; asking everyone to support our MCHS football team by hanging signs to show support; commenting that most importantly we need as many people as possible show up Friday night to support these kids and the community. ADJOURNMENT The presiding officer inquired whether there was anything else to be considered by the Board at this time and, there being none, asked for a motion to ADJOURN the meeting at approximately 9:12 a.m. Vice-President Keating made the motion to Adjourn. The motion was seconded by Mayor Parry. AYES: Board of Public Works and Safety members White, Keating and Parry (3). NAYS: None (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk