Board of Public Works & Safety

REGULAR HYBRID/ ZOOM MEETING – April 17, 2023 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday, April 17, 2023, at 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 Andrew White, Alco TV Chris Yagelski, Mayor’s Administrator Terry Greetham, Special Events Director Kyle Petter, Associate Planner Paul Przybylinski, Councilman Christine Vanderburg, Code Enforcement Officer Don Przybylinski, Councilman Frank Rebac, MCFD Deputy Chief Steve Stanford, Sanitation Operation Manager Shannon Eason, Assistant Park Superintendent Ed Shinn, Park Superintendent Brian Wright, MCPD Traffic Doug Legault, MCFD Chief Gale Neulieb, City Clerk Amanda Pickens, Assistant Deputy Clerk. APPROVAL OF MINUTES President Keating asked if there were any corrections to the minutes of the Regular “Hybrid/Zoom” meeting of April 3, 2023, there was no response. Vice President Vinson made a motion to approve the minutes as read of the Regular “Hybrid/Zoom” meeting of April 3, 2023; seconded by Mayor Parry and was approved by the following vote: AYES: Board members, Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. President Keating read the following item on the agenda. STREET SIGN REQUEST - Paul Przybylinski, Second Ward Councilman, is requesting the placement of a “Stop Sign ” on Wabash Street at the alley way between Barker Avenue and Fulton Street . Corporal Brian Wright addressed the board stating he will put up the traffic counter in the area, investigate if it is past practice to put a stop sign at the end of the alley, and will report back to the board at the next meeting. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, there was no response. Vice President Vinson made a motion to table placement of a “Stop” sign on Wabash Street at the alley way between Barker Avenue and Fulton Street, second by Mayor Parry and the motion 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 – April 17, 2023 Page 2 SEWER/ DITCH DRAINAGE - Michelle Ferrell, 1901 Coolspring Avenue is requesting to repair drainage ditch to control flow of water directly across from Roeske Avenue next to Coolspring Estate Apartments . President Keating And Attorney Lapaich advised this needs to be referred to the Sanitary District as the board has no jurisdiction over this matter. Michelle Ferrell, 1901 Coolspring Avenue, stated Vice President Vinson advised me to come to the board as the Sanitary district stated it was Trail Creek and nothing has been resolved. Mayor Parry stated he will send a letter to the Sanitary District. President Keating asked if there were any comments from the public. Tommy Kulavik 1816 Ohio Street, he had this same problem and the former Mayor stated this would not be fixed until the Barker Lafayette Sewer project is completed. Mayor Parry stated he had a professional engineer look into this and it will not fix all the water problems. President Keating asked if the board had any questions or comments, there was no response. Mayor Parry made a motion to refer this to the Sanitary District; second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST FOR STREET CLOSURE - Kyla Sinkiewicz, Barrelhouse- is requesting to close the corner of 9 th Street and York Street, the edge of Zorn Brew Works on 9 th Street and right before the alleyway behind Barrelhouse (113 York Street) to host Dig the Dunes Mac N Cheese Fest on September 24, 2023 from 10:00 a.m. till 9:00 p.m. Kyla Sinkiewicz, Barrelhouse addressed the board asking for the street to be closed off for public safety as they walk back and forth between the Barrel House and Zorn. Corporal Wright gave the board his recommendation that there are no problems closing the streets. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, there was no response. Mayor Parry made a motion to approve the street closure at the corner of 9th Street and York Street, the edge of Zorn Brew Works on 9th Street and right before the alleyway behind Barrelhouse (113 York Street) to host Dig the Dunes Mac N Cheese Fest on September 24, 2023 from 10:00 a.m. till 9:00 p.m. pending an update COI.., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. RETIREMENT – Chief Do ug Legault, Michigan City Fire Department is announcing the retirement of Captain Mark Baker with 25 years of service with the department. NOTE: This is for informational purposes only President Keating thanked Captain Baker for his service. President Keating read the following item on the agenda. RETIREMENT – Chief Do ug Legault, Michigan City Fire Department is announcing the retirement of Captain Dennis Wantland with 34 years of service with the department. NOTE: This is for informational purposes only . Regular Hybrid/Zoom Meeting – April 17, 2023 Page 3 President Keating thanked Captain Wantland for his service. President Keating read the following item on the agenda. FOOD VENDOR RENEWAL LICENSE Request- Ron Landtroop, “A Slice of Heaven ” 425 Ogden Avenue is requesting to renew his food vendor license that will be located in the parking lot of Brandt ’s Old Fashion Feed Store U.S. Hwy 12. Ron Landtroop,425 Ogden Avenue stated we are going into our 7th summer at this location. Corporal Wright stated there is no issue at this location. President Keating asked if there were any comments from the public, there was no response President Keating asked if the board had any questions or comments, there was no response. Mayor Parry made a motion to approve Ron Landtroop, “A Slice of Heaven” 425 Ogden Avenue is requesting to renew his food vendor license that will be located in the parking lot of Brandt’s Old Fashion Feed Store U.S. Hwy 12., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. MEMORDIAN OF UNDERSTANDING - Shannon Eason, Public Art Committee is requesting to renew the lease of two (2) art sculptures with Ray Katz for “Sentinel ” and “Galaxy ” from 2023 through 2025. Shannan Eason, Public Art Treasurer stated both sculptures are currently being displayed “Sentinel” SW corner of 5th and Franklin Street and “Galaxy” is on NW corner of 8th and E Michigan Blvd. and is asking for a (2) two-year lease renewal for $1,500 per year per sculpture. President Keating stated funding is in place for both sculptures by Ray Katz “Sentinel” and “Galaxy” with the terms from June 22,2023 through June 21, 2025. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, there was no response Vice President Vinson made a motion to renew the lease of an art sculptures with Ray Katz for “Sentinel” and “Galaxy” from 2023 through 2025., second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. EMERGENCY INVOICE APPROVAL - Chief Doug Legault, MCFD, is requesting permission from the board to pay Sentinel Emergency Solutions, LLC. in the amount of $7,636.90 for emergency repairs to T-Rex Aerial from account 1101.201.436.020 . Deputy Chief Rebac MCFD, asked the board to withdraw the request as the truck is still having problems and is unsafe to drive. Mayor Parry asked what the problem with the truck is, Deputy Chief Rebac responded it is a cage low sensor. You cannot operate the truck if there are no major components or damage. Vice President Vinson asked if there was a Lemon Law as this was just in St. Louis for repairs and had previous repairs done. Regular Hybrid/Zoom Meeting – April 17, 2023 Page 4 Deputy Chief Rebac stated that’s why he withdrew the request not to pay the invoice as there is still a problem with the truck that needs to be taken care of. Further conversation ensued between Mayor, Vice President Vinson and Deputy Chief Rebac. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments, there was no response. President Keating read the following item on the agenda. REQUEST FOR WORK ORDER - Councilman Don Przybylinski, 215 Gardena Street is requesting a work order to be submitted to CSX Railroad Crossings for repairs at Woodland, Roeske, Carroll, and Greenwood Avenue. Mayor Parry stated he will contact Senator Braun and CSX and put in the initial request and follow. President Keating asked if there were any comments from the public, there was no response. President Keating asked if the board had any questions or comments. Mayor Parry made a motion to table a work order to be submitted to CSX Railroad Crossings for repairs at Woodland, Roeske, Carroll, and Greenwood Avenue for (2) two months..., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST TO REMOVE AT&T WIRE BOXES - Councilman Don Przybylinski, 215 Gardena Street is requesting to remove AT&T wire boxes throughout the City. President Keating, stated we had a previous discussion last meeting as multiple agencies have boxes around the City. President Keating asked if there were any comments from the public, there was no response. President Keating asked if there were any board comments, there was no response. Mayor Parry made a motion to table the request to remove AT&T wire boxes throughout the City for (1) one month., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating read the following item on the agenda. PARK DEPARTMENT REPORT - Park Departments updates and detail as to all upcoming community events per BOW Resolution No. 2836. Ed Shinn, Park Superintendent, gave an overview of community events coming up and will have more information at the next meeting. President Keating read the following item on the agenda. CITY ARBORIST – Correspondence was received in the Clerk’s Office on April 4, 2023 from Tim Werner, President of the Michigan City Tree Board regarding their recommendations to fill the Michigan City Arborist position. Nicole Messacar, addressed the board giving her educational background and work history Regular Hybrid/Zoom Meeting – April 17, 2023 Page 5 Mayor Parry made a recommendation to hire Nicole Messacar as the City Arborist effective immediately, second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. AWARDING OF BIDS - DEMOLITION of 614 Ridgeland Avenue, 816 W.7 th Street, 442 Hayes Avenue Attorney Lapaich stated we have reviewed all the documents, everything is in order and recommends approval of the bids for Smith & Sons for the demolition of all 3 properties, 614 Ridgeland with the amount of $11,000 816 W. 7th Street with the amount of $29,500 442 Hayes with the amount of $13,000 Vice President Vinson made a motion to approve the bids, second by Mayor Parry and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. CLAIMS AND PAYROLL President Keating read the BOW Claim Docket for March 20, 2023: PAYROLL DOCKET April 6, 2023 City Payroll $ 667,159.19 CLAIMS DOCKET April 17, 2023 Municipal $ 1,200,470.18 Health & Life Ins. Fund $ 348,853.85 CDBG $ 23,215.00 Workers Comp Trust $ 0.00 Total Claims: $ 1,572,539.03 Mayor Parry made a motion to approve the City Payroll Dockets and the Claims Docket in the amount of $1,572,539.03 second by Vice President Vinson and carried as follows: AYES: BOW members Parry, Vinson, and Keating (3). NAYS: None (0). Motion Carries. UNFINISHED BUSINESS President Keating stated the first item on the Pending Items List is Paul Przybylinski Councilman -safety issues/concerns ADA corners for the double track on 10th and 11th Street. President Keating stated Brad Minnick is not present today so we will keep this request on till the next meeting. President Keating stated the next item on the Pending Items List is Paul Przybylinski Councilman is requesting placement of a “Stop” sign at the corner of Barker Avenue and Ohio Street. Corporal Wright gave his recommendation to install the “Stop” sign at Barker Avenue and Ohio Street. President Keating asked if there were any comments from the public, Paul Przybylinski stated he is grateful along with the citizens in the area for the “Stop’ sign. President Keating asked if there were any board comments, there was no response. Mayor Parry made a motion to approve to install the “Stop” sign at Barker Avenue and Ohio Street., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. Regular Hybrid/Zoom Meeting – April 17, 2023 Page 6 President Keating stated the next item on the Pending Items List is Mike Vinson- “Jake Brake Restricted” signs on US 35 between Warnke Road & US 20 interchanges on both sides of the highway. President Keating stated the reason this was tabled was to investigate if there was an Ordinance covering this matter, and that she had before her Ordinance 2022-3 passed by LaPorte County that is an Ordinance prohibiting the using the release of engine breaks, or Jake brakes within LaPorte County. Further, President Keating suggested that the City should also pass an Ordinance prohibiting the use of “Jake” brakes as well. Attorney Lapaich asked to let her review the Ordinance and come back with a recommendation at the next meeting. President Keating stated the next item on the Pending Items List is Don Przybylinski Councilman is requesting two (2) telephone poles to be inspected that are located on the east side of the intersection of Buffalo & Harrison Street and are leaning over the public right of way. Don Przybylinski Councilman advised the board that the polls are straight, and wire have been fixed. Mayor Parry made a motion to remove the two (2) telephone poles to be inspected that are located on the east side of the intersection of Buffalo & Harrison Street and are leaning over the public right of way from the pending items list., second by Vice President Vinson and the motion carried by the following vote: AYES: BOW members Parry, Vinson, and Keating (3) NAYS (0) Motion carries. President Keating stated the next item on the Pending Items List is Brad Minnick Primera Engineers, LTD is requesting a fee proposal for Woodland Ave. Crash Analysis. President Keating stated to keep this on the pending item’s list as Brad in not in attendance. PUBLIC COMMENT President Keating stated that the City ’s Website has the forms and explains the requirements and procedures for being placed on the Board Agenda. The forms are also available from the Clerk ’s office. Also called attention to the Board ’s Resolution #2823 enacted on December 6, 2021 and reading in pertinent part that 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. President Keating asked if there were any public comments. Tommy Kulavik stated we have utility boxes all over the county mostly happen in the wintertime due to the snow coming off the plow blades, his recommendation is to call Shaw Freeman as he is an expert in utility law. Councilman Don Przybylinski addressed the board asking if discussion had already taken place for utility boxes and crossings, President Keating stated that both items will be brought back to the board the utility boxes in one (1) month and the crossings in two (2) months. Amy Bowman, owner of Good New Vintage 613 Franklin Street, stated she is here today for clarification on the Franklin Street Conversion Project as there is a big sign on Franklin Street stating Franklin Street is closed. This closing has caused a massive detriment to our local businesses. Councilman Paul Przybylinski, addressed the board asking the board if the MCFD had permission to take the T-Rex out of the City, Attorney Lapaich responded that was the first we heard about when you spoke about it a month ago, however she did reach out to Chief Legault confirmed it was out but from here on out they do know to come before the board. Regular Hybrid/Zoom Meeting – April 17, 2023 Page 7 Rodney McCormick 617 Union Street, addressed the board asking why does it takes so long for the demolition to be completed, why can the City not partner up with other entities within the City to get the job done with our City workers, also its time to get the problems done with the Sanitation Dept to get a list together and fix the problems we have within the City. Christine Vandenberg answered that the demo in question at the address in question has one more page to be finished and will go before the board at the next meeting for bids, Demolition is a 40-step process that requires a lot of legal action and notifications it is a lengthy process. Chief Legault MCFD, addressed the board apologizing again for not informing the board regarding the T-Rex being out of town for repairs it was only supposed to take a couple weeks but ended up being a couple months, the department is using our backup aerial Councilman Don Przybylinski asked how much money was spent on the maintenance of the truck and requested that he receive those figures by tomorrow night if possible as he has concerns. BOARD COMMENT President Keating asked if there were any 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 09:20 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