Board of Public Works & Safety

REGULAR HYBRID/ZOOM MEETING – August 1, 2022 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, August 1, 2022, at the hour of 8:30 a.m., hosted by “Hybrid/Zoom” and streaming live on “My Michigan City” Facebook page. The meeting was called to order by President, Virginia Keating, who presided. Noted present in person: Virginia Keating, Michael Vinson, and Mayor Parry (3), Absent: None (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich-Stalbrink, Corporate Counsel Brad Minnick, City Engineer Captain Jeff Loniewski, M.C.P.D. Traffic Andrew White, Alco TV Chris Yagelski, Mayor’s Administrator Skylar York, Director of Planning Terry Greetham, Event Director Ed Shin, Park Superintendent Don Przybylinski, Councilman At-Large Paul Przybylinski, Councilman 2nd Ward Gale Neulieb, City Clerk, Stacy Dudley, Deputy Clerk, and Amanda Pickens, Asst. Deputy Clerk. President Keating introduced the new addition in the Clerk’s Office Amanda Pickens, Asst. Deputy Clerk. APPROVAL OF MINUTES President Keating asked if there were any corrections to the minutes of Regular Hybrid/Zoom” meeting of July 18, 2022. Vice President Vinson moved to approve the minutes of the Regular “Hybrid/Zoom” meeting of July 18, 2022; seconded by Mayor Parry. The minutes were approved by the following vote: AYES: Board of Public Works and Safety members, Mayor Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. President Keating read the following request STREET CLOSURE REQUEST - Tracy Levay, Commander of the American Skwiat Post Legion #451 is requesting a street closure from the corner of Washington Street and May Avenue to Washington Street and Skwiat Legion Way on Saturday September 17, 2022, from 10am- 9pm for their annual “Labor Daze Pig Roast” President Keating asked if there was anyone that wished to comment on this request. Tracy Levay, Commander of the American Skwiat Post Legion #451 addressed the board advising that his was their second annual Labor Daze Pig Roast present their COI for the event. Captain J. Loniewski stated that they had this event this past year without any problems. recommending that board approves this request. President Keating asked if there were any comments from the board. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 2 Vice President Vinson made a motion to approve the street closure event to have their second Labor Daze Pig Roast, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request. REQUEST FOR WALK - Kisha Ward, representing Minority Health Partners of LaPorte County, is requesting approval to have a “Breast Cancer Awareness Walk” utilizing sidewalks starting at Health Linc on to Pine Street to 8th Street to Michigan Boulevard to 4th Street and back to Health Linc on October 1, 2022 Kisha Ward, Director for Minority Health here in LaPorte County, advising this is annual walk and that there will be no reason for street closures that they just want to bring awareness to breast cancer and it affects so many families in our community. Captain J. Loniewski stated that this is also an annual event as well with them recommending approval of this request. President Keating asked if there were any comments from the public or this board. Vice President Vinson made a motion to approve the “Breast Cancer Awareness Walk” being held on October 1, 2022, second by Mayor Parry and carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating reading the following request on the agenda. CONTRACT APPROVAL- Agreement between the Michigan City Board of Public Works and Safety and NICTD Double Track Project regarding Construction Betterments for the Establishment of Quiet Zones in the amount of $949,036.92 President Keating asked if anyone had anything to add reading this proposed contract. Attorney Lapaich advised that this contract is a written memorialization of what NICTD will be doing and what the City will be responsible for establishing the quiet zones at various intersections; stating the Common Council has already approved the funding for this and the cost is an estimate with NICTD’s responsibility will be from Sheridan to Michigan Boulevard and they will also be including Vail Street and the City’s responsibility will be School Street, Grace Street, Woodland Avenue, Pleasant Avenue and Carroll Avenue. Attorney Lapaich advised President Keating that the duration is really until the project is completed and that the contract does say it will expire in 2030 but are expecting the project to be completed before then. President Keating asked if there were any comments from the public. Tommy Kulavik, 1316 Ohio Street stating that he opposes these quiet zones from day one due to that he feels there will be more car/train accidents if the trains don’t blow their horns at each intersection, which is putting the public at risk; asking the board to reallocate this money to re-pave Pahs Road by the high school. Brad Minnick, Primera Engineer stated that this design is ongoing and that the final design should be available to us at this end of this month for those crossings which will enhance the merit of the quiet zone; stating the Federal standards for the railroads are that the engineer controls if they need to exceed the safety protocols versus having the train blow its horn, he will be able to. Attorney LaPaich advised Mayor Parry that this is for Phase I of the Double Track project. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 3 Mayor Parry made a motion to approve the contract regarding the Construction Betterment for the Establishment of Quiet Zone in the amount of $949,036.92, second by Vice President Vinson and carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating reading the following item on the agenda. MEMORANDUM OF UNDERSTANDING - A Memorandum of Understanding between the Michigan City Board of Public Works and Safety and the LCCVB Convention and Vis Bureau regarding the Great Lakes Grand Prix Block Party to be held On Saturday, August 6, 2022 Attorney Lapaich advised that both parties understanding that the prior MOU should be withdrawn and this new one be the controlling document. Rick Wright, Director of the Great Lakes Grand Prix stating that we just appreciate you taking under consideration that we needed the insurance reviewed and that he is here to answer any questions the board might have. Attorney Lapaich explained that the change from the first MOU and this MOU being proposed is the insurance with the liquor liability of it especially; advising when the LaPorte County Visitors Bureau went to their insurance company to get the 3 million coverage they couldn’t get that amount; we met with our insurance and the mayor the decision was made for the mayor that it was okay to reduce it to two (2) million; which explains the amendment to the proposed MOU today. President Keating asked Mr. Wright what briefly the LaPorte County Tourism is doing under this MOU. Mr. Wright advised when the Main Street Association withdrew doing this event the LaPorte County Tourism wanted to see this event continue; having alcohol vendors, food vendors, etc. the insurance they paid every year tripled with us asking the City for a little relief to move forward and have this huge event. President Keating asked if there were any other comments from the public. Terry Greetham, Event Director stated that when the Main Street Association pulled out this event, it was just a few months until the race was happening; advising that we have been scrambling to put this back together thanking the LaPorte County Tourism for stepping up and keeping this event happening which is an event that Michigan City has been involved in for years and we’ve got to keep moving forward. President Keating asked if the board had any questions or comments. Vice President Vinson made a motion to approve the Memorandum of Understanding between the City of Michigan City and the LCCVB Convention and Visitors Bureau regarding the Great Lakes Grand Prix Block Party to be held on Saturday, August 6, 2022, second by Mayor Parry and carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the next item on the agenda. REQUEST FOR ADDITIONAL FOOD TRUCK LOCATION - Brealon Hervey, Social Que BBQ and Catering is requesting permission to operate his food trailer at 621 Franklin Street easement space at an additional location on Sunday, Monday, Friday, and Saturday from 10a.m-12a.m. Brealon Hervey stated this is basically what it is that he would like to add a second location at 621 Franklin Street where there is an easement property which a lot of this time will be smoking/cooking what he is going to be serving that day. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 4 Mr. Hervey advised President Keating that he serves a little bit of everything, and they do understand that his truck must be moved from that location at the end of each day. Attorney Lapaich and Skylar York Planning Director both advised that everything is in order for the board to move forward and approve his additional location at 621 Franklin Street. President Keating asked if there were any questions or comments from the board. Mayor Parry asked Skyler York, Planning Director if there is a term on this location with Attorney Lapaich advising that this is an annual contract/license that must be renewed each year by the owner of the location he is using. Vice President Vinson asked if it was necessary if Mr. Hervey need to go to the Historic Preservation Board for approval or Main Street Association having issues with food trucks coming to the downtown art district other than festival time. Attorney Lapaich advised that there is an ordinance that allows food trucks other than just at festival/events; there is only a certain distance of a restaurant or business that is serves the same food he would be serving; stating previously Mr. Hervey came to this board in 2021 and was approved to place his food truck at this address once the concrete slab was finished which was never done last year and is why he is in front of the board today. Discussion ensued between Mayor Parry and Mr. Hervey regarding a business being established next to 621 Franklin Street on the remaining part of that parcel; with Mr. Hervey advising the board that his plan is to open a brick/mortar restaurant at this location. President Keating asked if there was a motion; with Mayor Parry making a motion to approve the location for Mr. Hervey to place his food truck at 621 Franklin Street, second by Vice President Vinson and carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following proposed resolution by title only. MICHIGAN CITY BOARD OF PUBLIC WORKS & SAFETY RESOLUTION NO. 2830 APPROVING THE TRANSFER OF THE MICHIGAN CITY POLICE DEPARTMENT’S RETIRED 1993 FORD E350 AMBULANCE TO THE MICHIGAN CITY AREA SCHOOLS WHEREAS, the Michigan City Police Department (MCPD) has retired a 1993 Ford E350 Ambulance, more specifically identified with a VIN #: 1FDKE30M2PHC00562 with approximately 157,092 miles, (hereinafter referred to as “vehicle”) due to the age of said vehicle and that said vehicle was no longer in an operable condition for the MCPD or any other City Department to utilize; and WHEREAS, the Michigan City Area Schools (MCAS), by and through the AK Smith Center, has requested that the City donate said vehicle to the MCAS so it may be utilized as a training tool for students in the E.M.T program; and WHEREAS, several years ago, the vehicle was donated by the Michigan City Fire Department to the City’s Emergency Management Agency (EMA) volunteers, who are under the jurisdiction of the Michigan City Police Department; and WHEREAS, for several years, the vehicle served as a mobile command center for the City’s EMA volunteers, until the vehicle was retired due to age and said vehicle was no longer in an operable condition; and WHEREAS, MCAS has had an opportunity to examine the vehicle, understands the well- used condition of the vehicle, and will accept the vehicle “as is;” and Regular Hybrid/Zoom Meeting – August 1, 2022 Page 5 WHEREAS, the Chief of the MCPD supports the donation of said vehicle to MCAS as the MCPD no longer has any viable use for said vehicle; and WHEREAS, pursuant to I.C. 5-22-22-10, “(a) A purchasing agency may exchange property with another governmental body upon terms and conditions agreed upon by the governmental bodies as evidenced by adoption of a substantially identical resolution by each entity. (b) A transfer under this section may be made for any amount of property or cash as agreed upon by the governmental bodies;” and WHEREAS, the MCAS enacted a resolution approving the transfer of said vehicle from the City to the MCAS, which is attached hereto and incorporated herein as “Exhibit A;” and WHEREAS, the Common Council recently enacted a similar resolution, namely Resolution #4850, which is attached hereto and incorporated herein as “Exhibit B;” and WHEREAS, the Michigan City Board of Public Works & Safety, as the purchasing agency of the City, reasonably believes that the donation of said vehicle to the MCAS would be in the best interest of the City and residents therein to provide the students at the AK Smith Center the opportunity to utilize and train on a vehicle that they otherwise would not have access to or regular access to NOW, THEREFORE BE IT RESOLVED BY THE MICHIGAN CITY, INDIANA BOARD OF PUBLIC WORKS & SAFETY as follows: 1. The aforementioned “Whereas” sections are incorporated herein as if fully set forth herein. 2. The Michigan City Board of Public Works & Safety hereby approves the donation of the MCPD’s vehicle to the MCAS, and the President is hereby authorized to execute any and all documents to effectuate the transfer of said vehicle to MCAS. 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 1st day of August 2022. /s/ Virginia Keating, President Board of Public Works & Safety ATTEST: /s/ Gale A. Neulieb, Clerk City of Michigan City, Indiana A Attorney Lapaich advised that this isn’t the first time this board has adopted a resolution to transfer inoperable equipment to the school; stating that this vehicle has since been retired due to age and the vehicle is no long in operable condition and that the school would like it use it as a training method for students; stating that the police chief supports it, the Common Council has already approved and also the Michigan City School Board has approved the transfer. President Keating asked if there were any comments from the public or board at this time. Vice President Vinson made a motion to approve the proposed resolution, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. STREET VENDOR APPLICATION - Damir Lee and Shalayway Murphy, Lee/Murphy Snow Cones is requesting a mobile food vendor license application approval to sell snow cones, Regular Hybrid/Zoom Meeting – August 1, 2022 Page 6 water, Gatorade, and Pepsi products at Washington Park Beach from April - December from 8am to 10pm. President Keating asked if there was anyone present that wished to speak on the proposed application. Ed Shinn, Park Superintendent stated that he is here to represent a business proposing to sell snow cones in Washington Park on the Boardwalk. When he met Damir, he told him that he couldn’t sell anything in Washington Park without following procedures which means getting a street vendors license which is why they are here today Mr. Shinn advised Attorney Lapaich that the application hasn’t been approved by the Park Board to date; that this will be brought up at their August 10, 2022, meeting; hoping that the Board would approve their application subject to the Park Board approval on August 10, 2022. Shalayway Murphy addressed the Board explaining several reasons why they would like to be able to sell their snow cones, water, and Gatorade on the boardwalk during the summer, that they also supply free water to the lifeguards and firefighters that work at the beach. President Keating asked if there were any other comments from the Public or the board. Mayor Parry stated this vendor is a perfect fit with exactly what we’ve been talking about doing for a long time, several different vendors on the boardwalk; making a motion to approve the street application pending the receipt of a letter from the Park Board approving their location and an updated/corrected COI policy, second by Vice President Vinson and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. SIGNAGE REQUEST- Diann Gonsorek, 108 Timm Court is requesting a “Deer Crossing” sign to be placed on Washington Park Boulevard near Highway 12 (east) entrance and near the Lake Avenue (west) entrance Captain J. Loniewski stated that he spoke with Ms. Gonsorek and that he has been able to locate history involving deer on this roadway advising that he travels this road several times because our emergency management building is in that neighborhood and that he has seen deer first handed, also Ms. Gonsorek has provided evidence, so we recommend approval of this request. President Keating asked if there were any Public comments, there was no response. President Keating asked if there were any Board comments, there was no response. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 7 Vice President Vinson made a motion to approve a “Deer Crossing” sign to be placed on Washington Park Boulevard near Highway 12 (east) entrance and near the Lake Avenue (west) entrance, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. VEHICLE LEASE REQUEST- Skylar York, Planning Director is requesting to lease five (5) vehicles from LaPorte Chrysler, three (3) Jeep Renegades and two (2) Jeep Grand Cherokees for a three (3) year term in the amount of $43,400.00 annually after trade ins of existing vehicles to LaPorte Chrysler for a credit of $34,000.00 Skylor York, Planning Director addressed the Board explaining that their vehicles are at the end of their lifespan and have always received the MCPD used vehicles, but now that the MCPD lease their vehicles they will have to transition into leasing their own as well; further explaining that the vehicles that they have now are not worth the cost of the major repairs that are needed and that Chris Yagelski, Mayor’s Administrator contacted car lots about leasing and the cost. Chris Yagelski, Mayor’s Administrator addressed the Board stating that he contacted Mr. Magnuson at LaPorte Chrysler, David Taylor of Michigan City Chrysler, and Castle Chrysler in Chesterton; further explaining that LaPorte Chrysler and Michigan City Chrysler made bids and their offers, but Castle Chrysler did not want to make a bid and after further review found that LaPorte Chrysler made the best offer at $25,800.00 for a one (1) year lease and $77,400.00 for three (3) years and will take the retired vehicles with a credit of $34,000.00 for total of $43,400.00 compared to Taylor Chrysler at $42,720.00 for a one (1) year lease and $128,160.00 for three (3) years. President Keating asked Attorney Lapaich if this supports our purchasing policy. Attorney Lapaich advised that this does support the policy; Ms. Lapaich, Skylar York, and Mr. Yagelski have spent a lot of time going over this matter, further explaining that Mr. York does have the money in his budget to cover these costs that requires a transfer resolution which is pending in front of Common Council tomorrow evening and if approved this needs to be subject to the Council approving this transfer resolution. President Keating asked if there were any Public comments, there was no response. President Keating asked if there were any Board comments. Mayor Parry stated that this approach fits in with future plans to reduce the City’s cash flow every year and to have a better fleet of vehicles; further explaining that after three (3) years these vehicles will move out of this service and into another service possibly back to the dealership. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 8 Vice President Vinson asked Mr. Yagelski if there was a specific reason why we are shopping for jeeps or jeep brand and have we reached out to any other brand vehicles. Further discussion ensued between Vice President Vinson and Mr. Yagelski regarding pricing, convenience, and comparability. Mayor Parry made a motion to approve the request to lease five (5) vehicles from LaPorte Chrysler, three (3) Jeep Renegades and two (2) Jeep Grand Cherokees for a three (3) year term in the amount of $43,400.00 annually after trade ins of existing vehicles to LaPorte Chrysler for a credit of $34,000.00 pending the transfer by City Council, second by Vice President Vinson and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. CLAIMS AND PAYROLL President Keating read the following payroll docket from July 15, 2022 and the BOW Claim Docket for August 01, 2022: PAYROLL DOCKET July 15, 2022 City Payroll $ 694,733.64 CLAIMS DOCKET August 01, 2022 Municipal $ 757,844.64 CDBG $ 21,808.01 Health & Life Ins. Fund $ 459,365.49 Workers Comp Trust $ 0.00 Total Claims $ 1,239,018.14 Vice President Vinson made a motion to approve the BOW Payroll Docket in the amount of $ 694,733.64 and the Claims Docket in the total amount of $ 1,239,018.14, second by Mayor Parry and carried as follows AYES: BOW members Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. PUBLIC COMMENT NOTE: Public Comment is limited to three (3) minutes. All comments are addressed to the Board President not to the individual Board members. All comments must be germane to and within the mandate authority of this Board. Ian Osborne, 230 Walker Street addressed the Board regarding the continued operation of a sawmill on several of his properties on Walker, K, and 8th Streets his family, including his son who is a fifth generation of his family to live on Walker Street and together continue to maintain and improve the original family home along with additional properties on the block that were vacant and in various stages of decay and with their plans and efforts purchased a small hobby sawmill to mill lumber and for the last three (3) years been using the sawmill to Regular Hybrid/Zoom Meeting – August 1, 2022 Page 9 salvage trees for repurposing building materials in their homes; further explaining that after a two (2) year renovation of a condemned home he purchased at 208 Walker Street and discussing with the local building commissioner the plan to build a home at 215 Walker Street he will be using the sawmill to help build this home for his son while helping the DNR to free up larger logs and float them to an accessible portion of Trail Creek to build his home all while not having one complaint from neighbors or the City until now , the City claims he is running a commercial sawmill operation on a residential lot, asking to be left alone to continue to accumulate materials for his planned residential building as openly discussed with the Building Commissioner. President Keating asked Attorney Lapaich if this matter should rightfully be before this Board. Attorney Lapaich stated that this Board does not have jurisdiction over any type of citations or ordinance violations that the Planning Department would issue. President Keating informed Mr. Osborne that she apologizes but this Board has no means of assisting him in this matter and that he will have to take this up with the Planning/Inspection Department. Further discussion ensued between the Board and Ian Osborne regarding getting his own independent advice. Skylar York, Planning Director stated that this is a zoning issue. Ian Osborne stated that if he used a circular saw and a stack of lumber, resaw it then it is the thing that he is doing now. Tommy Kulavik, 1316 Ohio Street addressed the Board stating the residents are permitted to do their own ground maintenance and construction work between the hours of 7:00 am and 8:00 pm. President Keating asked for a motion to deny. Attorney Lapaich stated that she believes that there does not need to be a motion under Public comments. President Keating stated that the item is Jordan Hampel, Rieth-Riley is requesting a storm sewer pipe repair project at 945 S. Woodland Avenue; asking if someone from Rieth-Riley was here to address this matter. Brad Minnick addressed the Board stating that they went to the Sanitary District with the bidding process you have two (2) different quotes and requested a third (3rd) but did not Regular Hybrid/Zoom Meeting – August 1, 2022 Page 10 receive one. Reith-Riley was selected to perform the work based on their application they are to do the work on Wednesday August 3, 2022, all day and they included a detour route with their packet. President Keating asked Captain Loniewski if he had a chance to look at the detour route. Captain Jeff Loniewski, MCPD Traffic stated that they are in agreement with the route. President Keating asked if there were any Public comments. Tommy Kulavik, 1316 Ohio Street addressed the Board stated that he wanted to complain about graffiti and that the City needs to eradicate. Councilman Don Przybylinski, 215 Gardena Street addressed the Board with two (2) separate matters; the first matter deals with 300 Fairfield Avenue, further explain that for the past six (6) years Code Enforcement has tried to get someone in the house that was bought from a tax sale with little work done to the house causing the City to go there to do vector control and now teenagers are coming in/out of the windows and something needs to be done, also explaining that Westcott Park needs a contractor to maintain the property that the planters are overgrown, needs flowers, lights, and the respect that is due to Mr. Wescott and the Harborside community that used to live there. Vice President Vinson made a motion to put both items on the pending items list, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. Attorney Lapaich stated that there is an ordinance that says Park property is under the jurisdiction of the Park Department; she and Ed Shinn have been researching if Westcott Park is a BOW matter. Vice President Vinson stated that regarding the 300 Fairfield he believes this matter is a Code Enforcement issue. Further discussion ensued between Attorney Lapaich and the Board on if this be a demolishment or a repair order through Code Enforcement. President Keating asked if there were any other Public comments. Tommy Kulavik stated that he wanted to comment from what the Councilman had addressed about Westcott Park and the agreement with said property. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 11 Mayor Parry stated he had a conversation with former Mayor Oberle years ago asking why no events were held at Westcott Park and his response. Ed Bohle, 25 Karwick Glenn General Manager of Pullman Factory explain an issue that took place with kids breaking into and vandalizing the building, further explaining that he apprehended a few of these kids holding them at gun point until the police arrived. He further explained that he ended up being arrested and is asking the Board for help in getting his bond money back since he has been found innocent of all charges. Mayor Parry stated that he advised Mr. Bohle to contact the Prosecutor Office that this is not a Board matter. Councilman Paul Przybylinski, 1716 Washington Street stated that he has been following his case since last year and believes what Mr. Bohle is requesting is a memorandum of understanding to get his $1,500.00 bond money back since he was found not guilty and asked that this be referred to the City Attorney. Attorney Lapaich stated that she does not know if this should be referred to her office that this needs to go to the prosecuting attorney who brings forth charges. Mayor Parry stated that he advised Mr. Bohle to contact the Prosecutor Office and not an attorney because he would not get his fees back if he hired an attorney. Councilman Paul Przybylinski stated that Mr. Bohle is still out $1,500.00 and the prosecutor should never had brought charges against him. President Keating stated that she agrees with the City Attorney that this is not something that Board of Works has authority over, people are arrested, the case is dismissed, and the Court determines where the bond money goes. Mr. Bohle advised that he met with the Prosecutor after he talked to Mayor Parry, and he is expunging my record, but he is still out the $1,500.00 bond and asking the City to refund my money since it was a typographical error on the Cities behalf. President Keating asked if there were any other Public comments. Dave Beila, 3044 Ohio Street addressed complimenting the MCPD for a unique experience he had with them; he also added his concerns with drainage issues requesting to speak with the City Engineer about the Project Paving Program that he has researched for many years. Brad Minnick stated that he will look at Mr. Beila’s research and place on the pending list until September 6, 2022. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 12 Vice President Vinson made a motion to add the conversation with the City Engineer and Mr. Beila on the items list regarding drainage in the 3rd Ward, second by Mayor Parry but we do not have a City Engineer it would have to be with the Sanitary District. Vice President Vinson amended his motion by withdrawing the provision for a conversation with the City Engineer and instead it will be with the Sanitary District and Mr. Beila on the items list regarding drainage in the 3rd Ward, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. UNFINISHED BUSINESS President Keating stated the first item on the pending items/unfinished business list is Councilman Don Przybylinski addressed his concern regarding the purple lights Franklin and Cleveland Avenue President Keating stated that he was asking the City Engineer was looking into whether or not the city could receive a rebate because of the lights being purple instead of white asking Amber Lapaich is this something that she should be involved in. Amber Lapaich stated that she reached out to a few City departments that have yet to respond, to see what documents we have in this matter. President Keating stated this matter will stay on the pending items list for follow up. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Councilman Don Przybylinski addressed his concern regarding the lot on 5th and Pine Street that needs trimming President Keating stated that this matter was taken care of and can be removed off the pending items list. Vice President Vinson made a motion to remove this matter from the pending items list, second by Mayor Parry and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 13 President Keating stated the next item on the pending items/unfinished business list is Davis Bush 2409 Ohio Street is requesting a “STOP” sign at Ohio Street and Indiana Avenue to help slow down traffic for public safety. Captain Jeff Loniewski, MCPD Traffic stated that he pulled stats for this intersection from the last five (5) years that showed four (4) accidents, further explaining the details of these accidents and stating that these do not warrant the installation of a “Stop” sign, his recommendation is for lighted “Cross Walk” signage, “School Zone” signage, and “15 MPH” signage and would like one more meeting so that he can discuss this with Mr. Minnick. Davis Bush, 2409 Ohio Street stated that he agrees with Captain Loniewski and that this is a better idea than just a “Stop” sign. President Keating stated that this will go on the pending items list. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Councilman Don Przybylinski addressed the Board with concerns from the public concerning striping needs to be done on Highway 12 coming west that goes from two (2) lanes down to one (1) lane because all the paint markings that were initially installed are no longer visible President Keating asked for a status on this matter. Brad Minnick addressed the Board stating that he followed up on the striping as well as the markers near Blue Chip Casino which INDOT acknowledged that they are not able to give a schedule for completion but will have it done this calendar year for both marker installations. President Keating stated that this will remain on the pending items list. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Attorney Joseph Zaknoen (on behalf of MC Acreage LLC) donating undeveloped land near the intersection of Barker Rd & Eddy Street (AS IS) subject to easements & restrictions of record Amber Lapaich stated that there are several easements that were recorded on the property they want to donate, one of the easements referenced a document that was an unrecorded document that her and Skylar York will go over and come back before the Board with our recommendations. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 14 President Keating stated that this will remain on the pending items list for September 6, 2022. Tommy Kulavik 1316 Ohio Street stated that he looked at the property on the beacon site and the owner has not paid their taxes, the school nor the City needs this property. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Rodney McCormick request for cameras and security lights in neighborhoods (11th, 10th, and York Streets) for safety President Keating stated that the MCPD Chief has been addressing cameras. Mayor Parry addressed the Board stating that MCPD Chief showed a presentation about a new surveillance system called Flock/Raven that is with the Council for approval; this needs a couple months to materialize if the Council approves and asked the Board to keep this on the pending items list for 6-8 weeks. Mayor Parry made a motion to keep this matter from the pending items list and revisit on October 3, 2022, second by Vice President Vinson and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Councilman Paul Przybylinski, 1716 Washington Street Brown/Kintzel Ditch needs cleaned out and wants to know what is happening with the culverts by Countyline Road and a motion was made to revisit this matter in 2 months to follow up and make sure that NICTD has widened and cleaned out the ditch Brad Minnick, Primera Engineer addressed the Board stating that according to the NICTD plans, Brown and Kintzel Ditch are two (2) different ditches that call for two (2) different treatments; further explaining that Brown Ditch will have a 15-foot box culvert installed as part of the Double Track Project and Kintzel Ditch will be upgraded to three (3) 84-inch pipes from a 75-inch pipe looking at a 100-year flood event. President Keating asked if the widening has taken place. Brad Minnick answered that it is still under construction and unable to get a date as to when this will be finished. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 15 President Keating stated that this will remain on the pending items list, and we will revisit on September 6, 2022. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Brad Minnick, Primera Engineers, LTD is requesting to energize four (4) street lighting controller cabinets and one (1) traffic signal along 11th Street in response to NICTD Brad Minnick addressed the Board stating that NIPSCO has this in their backlog to do the work so we can move forward because we do not need any action and can be removed from the pending items list. President Keating asked if we could have a motion to remove this from the pending items list. Mayor Parry asked Mr. Minnick if there is sufficient lighting along Franklin Street. Brad Minnick answered Mayor Parry stating yes, the lighting has been restored. Mayor Parry made a motion to remove this matter from the pending items list, second by Vice President Vinson and was carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following request on the agenda. President Keating stated the next item on the pending items/unfinished business list is Carrie McGinty, 225 Charles Street, is requesting to purchase the property owned by the City of Michigan City located behind their property at 932 W. 6th Street. President Keating stated that this was on the agenda because we were waiting on the surveyor to get us the legal description. Amber Lapaich stated that she is still waiting on the legal description, keeping this matter on the pending items list till September 6, 2022. President Keating read the following request on the agenda. President Keating stated the last item on the pending items/unfinished business list is Councilman Don Przybylinski addressed the Board with concerns from the public concerning traffic islands by Blue Chip Casino President Keating stated that this matter was already addressed by Brad Minnick. Regular Hybrid/Zoom Meeting – August 1, 2022 Page 16 Dave Beila addressed the Board stating that he had spoken to Mike Nolan regarding Black Ditch culverts further explaining his findings that involves Michigan City. BOARD COMMENT President Keating asked if there were any Board comments. Mayor Parry talked about a model citizen named Ruth Linus who on July 16th celebrated her 100th birthday further explaining that she was born in Michigan City and was an educator in Michigan City for 20 years, congratulating her on a life well led and full of achievements. President Keating congratulated Ms. Linus and asked if there were any other Board Comments, there was no response. 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 10:00 a.m. Vice President Vinson made the motion to Adjourn. The motion was seconded by Mayor Parry. AYES: Board of Public Works and Safety members Keating, Vinson, and Parry (3). NAYS: None (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk