Board of Public Works & Safety

REGULAR HYBRID/ZOOM MEETING – December 6, 2021 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 6, 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 Aaron Borngraber, Associate Planner Andrea Smith, Personnel Director Captain Jeff Loniewski, M.C.P.D. Traffic Terry Greetham, Events Coordinator 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 15, 2021, and the Special “Hybrid/Zoom” meeting November 19, 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. SAFETY CONCERN - David Hack, 1013 Gardena Street, is requesting to have the CSX crossing on Tilden Avenue open because of safety concerns with the large amount of traffic on Gardena and Jackson Streets Captain Jeff Loniewski, M.C.P.D. Traffic addressed the Board stating that he met with Jeff Wright, City Engineer and Shong Smith, Director Central Services at the location and looked at the crossings; advising they discussed the complaints that were received and came up with a few suggestions; as the Mayor explained in the last meeting, the tracks have sunk and are lower than the surrounding pavement; explaining maybe they can mill the asphalt approaches on both sides of the crossing to make it level with the tracks; making a smooth crossing, and then the tracks could be re-opened to at least get through the winter which requires cooperation from the railroad which we are having trouble getting; the second option would be installing waterfilled barriers to prevent traffic from sneaking around the barricades that were destroyed by someone several weeks ago; the third option would be to reopen the crossings and install speed bumps on both sides to slow down traffic before they hit the railroad crossing; stating right now there is a “Rough Crossing” and a 15 MPH speed limit sign that people were ignoring those when the tracks were open; further advising the Mayor indicated that he had discussed the milling of the asphalt with CSX and they were not receptive. Mayor Parry stated that it has been hard to come up with an agreement with the railroads. Discussion ensued between President White and Captain Loniewski regarding the destroyed barriers and the City purchasing new barricades just for that location. President White stated that the detour route is to go to Franklin Street not Gardena Street. Vice President Keating addressed the Board pointing out that as far as the speed bumps go, the Street Department and City Engineer do not recommend speed bumps because the plow trucks hit them. Further discussion ensued between Captain Loniewski and Vice-President Keating. Vice-President Keating asked Captain Loniewski whether the three alternatives he proposed were in response to citizens’ complaints or in response to the issue of safety. Captain Loniewski stated that his suggestions were in response to citizens’ complaints. Mayor Parry stated that he is quite concerned over this matter because this is a very dangerous situation and time is of the essence to either close it or slow the traffic down; advising while we are trying to get the railroad to fix the situation another concern is a child getting hit because of the volume of traffic driving faster than they should; advising his suggestion is that we remove the crossing barrier and proceed with the speed bumps. Vice President Keating stated that safety is her concern, and her suggestion is to stay with the existing arrangement. Further, Vice President Keating made a point that public safety is the Boards’ job and safety outweighs inconvenience. Regular Zoom Meeting – DECEMBER 6, 2021 Page 2 President White asked Jeff Wright, City Engineer if he could shed any input or opinion regarding this situation. Mr. Wright stated the safest thing to do is to leave the tracks closed until something is done to fix the problem; advising maybe if the tracks are milled and they are smoothed down it could be opened up with the addition of the speed bumps. President White addressed the Board stating that he has heard of many safety concerns in that area of people disregarding stop signs and speeding on Gardena and Hollywood Street and understands with the increased traffic the safety concerns; explaining he is in agreement with Ms. Keating’s assessment of the situation and the crossing has been referred to as an imminent danger; stating as a Board we have to think of things such as both liability and keeping people safe and we made the decision to close the crossings for the safety and welfare of this community as a whole; advising that we cannot have people in the community taking it upon themselves to remove or damage City property and if it were up to the Board CSX would have fixed the crossings, but in the absence of any action on the part of CSX, the Board took the next step in doing what we felt is keeping the community safe. Captain Loniewski stated that there is now a digital radar trailer on Gardena Street and an increase in Police presence. Mayor Parry addressed the Board stating that he has a world of respect for his colleagues on this Board, but disagrees; that this has been construed by the public as a punishment and an irritating inconvenience; stating that Reith and Riley Construction could possibly go in and lower and level the asphalt off the tracks even though CSX said that would open that entry way up and expose it to the weather or decompose the tracks faster; explaining we have to think of peripheral damage that could occur. Vice President Keating stated that the Board has to weigh the issues of convenience versus public safety and that public safety outweighs inconvenience in every way, shape, and form in this matter; explaining that she supported keeping the crossing closed with the existing barriers and adding the water filled barrels when they become available. Further discussion ensued between Mayor Parry and Captain Loniewski regarding ways to monitor people going through the intersection by adding cameras to the existing speed monitors. Captain Loniewski stated that this was not possible. Mayor Parry made the motion to approve the request to open the Tilden Avenue crossings with speed bumps and carried as follows: AYES: Board of Public Works and Safety members Parry (1). NAYS: White and Keating (2). Motion Denied. Vice-President Keating made the motion to approve the temporary arrangement that is now in place and move forward with placing waterfilled barrels at that location. The motion was seconded by President White and carried as follows: AYES: Board of Public Works and Safety members White and Keating (2). NAYS: Parry (1). Motion Carries. Further discussion ensued between President White and Captain Loniewski regarding Harrison Street which is part of the detour for this closed crossing; asking Captain Loniewski and Mr. Wright if the sightline turning off Harrison Street turning south onto Franklin Street is dangerous and needs to be looked into for safety. Mr. Wright stated for the record that the crossing itself is a hazardous condition and when we detoured traffic by the liquor store on Franklin Street, this is another hazardous condition; advising it made sense that the official detour was on a safe street. Vice-President Keating thanked Mr. Wright and Captain Loniewski and stated that we started down this road in May because of citizen’s complaints; advising the crossing was in bad shape and the Board has done what they believe should be done and will continue to do so. President White stated that this Board closed these tracks for safety and as a Board we do our best to keep the citizens safe and if there is an opportunity to open these tracks sooner the Board will do that. REQUEST FOR LANE RECONFIGURATION - Michael Vinson, 2402 Greenwood Avenue, is requesting for lane reconfiguration to create a center turning lane on Woodland Avenue between Barker Road and Coolspring Avenue Michael Vinson, 2402 Greenwood Avenue addressed the Board requesting a lane reconfiguration for anticipated traffic flow and safety issues along Woodland Avenue; stating that with the businesses on the west side of the street, residents on the east side, and apartments, there is a need for the lane configuration to help with the flow of traffic. Jeff Wright, City Engineer stated he had a chance to look at Woodland Avenue accident data; explaining at this time there is no pressing need to go out and restripe the road because there is not a lot of accident history; his suggestion would be to repave Woodland Avenue in 2027; advising if the accident history would develop then yes, we should absolutely stripe the center lane. President White stated this is a situation that we need to keep on the radar because the City cannot just add a third lane. Further discussion ensued between President White and Mr. Wright regarding if the road is wide enough to accommodate a third lane. Regular Zoom Meeting – DECEMBER 6, 2021 Page 3 Mayor Parry stated that back in 2012 he went through the archives and found a study that was done in 1966 that stated Michigan City would end up having more traffic on Franklin Street; advising the study showed that the current routes could support south Woodland Avenue and Ohio Street; but Greenwood Avenue should be four lanes. President White thanked Mr. Vinson for bringing his suggestions to the Board and they will keep it on the radar. Further discussion ensued between President White and Corporate Counsel, Amber Lapaich- Stalbrink regarding if this matter should remain on the pending items list or be tabled indefinitely. Mayor Parry made the motion to table the request for lane reconfiguration to create a center turning lane on Woodland Avenue between Barker Road and Coolspring Avenue until a six-month traffic study can be completed. 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. President White stated this matter will be placed on the pending items/unfinished business list for 6 months and be revisited at the June 6, 2022 meeting. REQUEST FOR STREET LIGHT - Julianne Hill, 1025 Salem Street, is requesting additional street lighting for increased visibility for neighborhood safety concerns Julianne Hill, 1025 Salem Street addressed the Board explaining her safety concerns and the two (2) shootings near her residence; one on October 25, 2021 and the other November 21, 2021; advising the security cameras caught everything but due to lighting it was hard to identify anyone. Discussion ensued between President White and Ms. Hill regarding if there would have been more lighting would that have allowed cameras to pick up more detail that would have proved useful to law enforcement? Captain Loniewski addressed the Board stating that he had spoken with Corporal Pliske and she stated that more lighting would have been beneficial in the identification of the suspects in the incident; the only issue is that the utility lines run behind the homes so there are no poles on the street itself, suggesting this matter be referred to himself and Jeff Wright, City Engineer. Mayor Parry made the motion to refer this matter to Captain Loniewski, M.C.P.D. Traffic Division and Jeff Wright, City Engineer to see if they can install additional street lighting for increased visibility for neighborhood safety concerns. 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. President White stated this matter will be placed on the pending items/unfinished business list until the next meeting on December 20, 2021. CONTRACT APPROVAL - Clarence Hulse, Economic Development Corporation of Michigan City, Indiana, is requesting approval of the contract between the City of Michigan City and the Michigan City Economic Development Corporation, for Professional Community and Economic Development Services; commencing on January 1, 2022 and not extending beyond December 31, 2022; in the sum of $150,000.00 Clarence Hulse, Economic Development Corporation addressed the Board explaining the contract; asking for approval. Mayor Parry stated that our Economic Development Corporation is excelling and in the next 6-7 years Michigan City going to develop in positive ways. Vice President Keating stated that Michigan City has received great value from this entity and would suggest that the Board approves the contract. Vice-President Keating made the motion to approve the contract between the City of Michigan City and the Michigan City Economic Development Corporation, for Professional Community and Economic Development Services; commencing on January 1, 2022 and not extending beyond December 31, 2022; in the sum of $150,000.00. 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. AGREEMENT - An addendum to the lease agreements between the City of Michigan City, Indiana & Laporte Chrysler Jeep Ram (lease of 10 police vehicles) Corporate Counsel, Amber Lapaich-Stalbrink addressed the Board stating that earlier this year the Board approved the lease of vehicles for the M.C.P.D.; advising it was brought to her attention that the Police Department had prepaid for the lease vehicles; explaining if it would have been brought to the attention of the Board, provisions would have been made to the agreement in the event there was destruction of a vehicle or premature termination; further stating that pursuant to this Addendum, if there is a premature termination or destruction the money will be refunded back to the City on a prorated basis. Mayor Parry asked for clarification. Regular Zoom Meeting – DECEMBER 6, 2021 Page 4 Counsel Lapaich-Stalbrink explained that this is the existing lease that the Board has already approved by the Board; stating when you lease a vehicle one assumes that you pay monthly on the lease so if the vehicle is destroyed or there is a premature termination then payment stops; advising the City has prepaid for the two-year lease so if there is an accident the City would want the payments to stop and to receive a refund of prepaid funds. Vice-President Keating made the motion to approve the addendum to the lease agreements between the City of Michigan City, Indiana & Laporte Chrysler Jeep Ram (lease of 10 police vehicles). 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. CORRESPONDENCE - The Clerk’s Office received correspondence on December 1, 2021 from Chief Doug Legault, Michigan City Fire Department regarding Firefighter Andre Glover, and his revised resignation date of December 8, 2021. (NOTE: For Informational Purposes Only) POLICY CHANGE - Andrea Smith, Personnel Director, is requesting approval to update Policy No. 305 – Holidays in the Policy & Procedure Manual Andrea Smith, Personnel Director, addressed the Board requesting approval to update policy No. 305; adding Juneteenth as a holiday in the Policy and Procedure manual. Vice-President Keating made the motion to approve the request to update Policy No. 305 – adding Juneteenth as a holiday in the Policy & Procedure manual. 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 POLICY CHANGE - Andrea Smith, Personnel Director, is requesting approval to add the COVID-19 Specific Protocol Policy No. 233 in the Policy & Procedure Manual Andrea Smith, Personnel Director, addressed the Board explaining the request; stating that this is such a fluid situation it could end up revised per CDC guidelines. Mayor Parry made the motion to approve the request to add the COVID-19 Specific Protocol Policy No.233 in the Policy & Procedure Manual. 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 JOB DESCRIPTION - Andrea Smith, Personnel Director, is requesting approval of the new job description for the Director of Animal Control; this position was added to the 2022 Budget Andrea Smith, Personnel Director, addressed the Board stating that the Director of Animal Control is a brand-new position in the 2022 budget; advising this job is in place to supervise the two Animal Control Officers that we currently have. Mayor Parry addressed the Board stating that the City is stretched to the limits as far as Animal Control officers and the kennels are at capacity; pleading to the public to give their pets another chance and not abandon them. Vice-President Keating made the motion to approve the new job description for the Director of Animal Control; this position was added to the 2022 Budget. 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 APPROVAL OF JOB DESCRIPTION - Andrea Smith, Personnel Director, is requesting approval of the new job description for Arborist- changing from Forester to Arborist Andrea Smith, Personnel Director, addressed the Board stating that an important change was made to change the job description from Forester to Arborist; explaining the Arborist care for individual trees while the Forester manages the population of trees; advising the Arborist will be moving from Vector Control to the Mayor’s Office. Mayor Parry addressed the Board stating that he had went back and forth with the Tree Board for some time regarding this matter. Vice-President Keating made the motion to approve the request made for the new job description for Arborist- changing from Forester to Arborist. 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. RESOLUTION - POLICY TO ENCOURAGE EFFECTIVE AND EFFICIENT USE OF PUBLIC COMMENT & PUBLIC INPUT TO ASSIST THE BOARD OF PUBLIC WORKS & SAFETY Regular Zoom Meeting – DECEMBER 6, 2021 Page 5 MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2823 POLICY TO ENCOURAGE EFFECTIVE AND EFFICIENT USE OF PUBLIC COMMENT & PUBLIC INPUT TO ASSIST THE BOARD OF PUBLIC WORKS & SAFETY WHEREAS, in accordance with the Indiana Open Door Law (I.C. 5-14-1.5, et seq.), all regular and special meetings of the Board of Public Works & Safety (hereinafter referred to as “Board”) will be open to the public; and WHEREAS, the Indiana Public Access Counselor has recently issued an Informal Opinion #21-INF-8 entitled “The Intersection of Civility and Public Access,” wherein he acknowledges there is no legal mandate requiring public comment at government meetings, however, the Public Accessor Counselor advocates for the use of meaningful public comment at government meetings and recognizes that governing bodies have “…explicit power to craft rules and polices to maintain order in its facilities;” and WHEREAS, the Board recognizes that public engagement is a vital component to the democratic process and it assists the Board in making effective decisions for the City and residents herein; and WHEREAS, the Board reasonably believes that it should adopt rules to govern effective and efficient use of public comment and public input during its’ meetings. NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA BOARD OF PUBLIC WORKS & SAFETY as follows: 1. The aforementioned “Whereas” sections are included herein as if fully set forth herein. 2. Public comment will be listed on the Board’s agenda at the end of each meeting. In addition, with the exception of administrative hearings conducted by the Board, public comment will be received before the Board takes final action on a specific matter. 3. When addressing the Board, every person shall give their name and address. 4. Public comment will be limited to three (3) minutes per person at the end of each meeting. In addition, public comment will also be limited to three (3) minutes before the Board takes final action on a specific matter. 5. All public comments will be directed to the Presiding Officer. No person may address or question Board members individually. 6. To help keep meetings effective and efficient, public comments must be germane to the business of the Board, and individuals must not be disruptive, threatening, or act in a discourteous manner. Public comments shall relate to matters within the purview of the Board. Comments shall relate to either items on the agenda or other matters relevant to the Board’s work. The President retains the right to stop any speaker who raises issues that are not on the agenda or are not germane to the duties of the Board. 7. The Presiding Officer may prohibit comments, which are deemed frivolous, repetitive, or harassing. The Presiding Officer may interrupt, warn, or terminate a person’s public comments when the statements are too lengthy, personally directed, abusive, obscene, or irrelevant and may request any individual to leave a meeting when that person behaves in a manner that is disruptive to the orderly conduct of the meeting. Regular Zoom Meeting – DECEMBER 6, 2021 Page 6 This Resolution shall be in full force and effect after passage by the Michigan City Board of Public Works & Safety Adopted by the Board of Public Works & Safety of the City of Michigan City, Indiana by a vote of 3-0 this 6th day of December, 2021. /s/ Andrew White, President Board of Public Works & Safety Corporate Counsel, Amber Lapaich-Stalbrink addressed the Board explaining that the Board had asked her to put together some rules governing public comment; advising the Board will limit public comments to mirror what the Council does which is to allow three minutes per person; also giving the President the right to stop and let the person know if they are addressing the wrong Board. President White stated the resolution will be available on the City webpage; advising we will be instituting a three-minute time limit for public comments and make sure the comments are pertaining to Board of Works; explaining this will help make our meetings more efficient. Vice-President Keating made the motion to approve the Resolution – POLICY TO ENCOURAGE EFFECTIVE AND EFFICIENT USE OF PUBLIC COMMENT & PUBLIC INPUT TO ASSIST THE BOARD OF PUBLIC WORKS & SAFETY. 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 December 6, 2021 Municipal Claims $ 1,415,437.19 CDBG $ 5,011.97 Health & Life $ 521,993.28 Workers Comp. $ 5,439.71 ZOO CASINO $ 12,820.00 Total Claims - $ 1,960,702.15 PAYROLL DOCKET November 19, 2021 City Payroll $ 580,302.38 December 3, 2021 City Payroll $ 808,865.63 December 1, 2021 City Pension $ 208,710.42 Mayor Parry made the motion to approve the payroll dockets for November 19, 2021, December 03, 2021 and the City pension for December 01, 2021. The motion was seconded by Vice-President Regular Zoom Meeting – DECEMBER 6, 2021 Page 7 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 Don Przybylinski requested that signage (rough crossings) be placed at Ohio Street and Tilden Avenue CSX crossing President White stated that this matter was addressed earlier in the meeting so the Board will touch base at the next meeting on December 20, 2021 PUBLIC COMMENTS President White asked if there were any public comments. Tommy Kulavik 1316 Ohio Street addressed the Board stating that he wanted to pay tribute to Senator Bob Dole of Kansas who passed away; also advising today is the eve of Pearl Harbor, so pay tribute to our World War II veterans; explaining a suggestion was made that Mayor Parry to lower the flag to half-staff in front of City Hall; also suggesting that the Drivers Education Program be reestablished; it had been cut ten years ago; commenting that the City has a graffiti ordinance and on the north wall at the former Riley’s Bar on Franklin Street and the clothing donation box at the BP gas station across the street from the bar has graffiti which is a gang symbol BK, the same symbol that was painted on the Ames Field wall which stands for Blood Killers. President White asked if there were any other public comments, with no response. BOARD COMMENTS President White asked if there are any Board comments. Mayor Parry commented on the Board Resolution that was approved regarding public comment; stating the Boards and Commissions set their own standards; the Redevelopment Commission takes public comments in the beginning of the meeting before they address issues; advising in the Board’s defense we are doing the best we can to include the public in the business we conduct. 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 9:45 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