Board of Public Works & Safety

Regular Board of Works Meeting In Person and Hybrid/Zoom on January 25, 2024 The Board of Public Works and Safety met in regular session on Thursday, January 25, 2024 at 8:30 a.m., in the Council Chambers at City Hall, City of Michigan City, on Hybrid, Zoom and streamed live on the “My Michigan City” Facebook page. The meeting was called to order by President Tim Bietry. On the call of the roll, the following Board Members were found to be present or absent: Noted present in person: President Tim Bietry, Vice President Gene Simmons and Candice Antisdel (3) Absent: None (0) Also noted in attendance: Amber Lapaich-Stalbrink, Corporate Counsel; Izabelle Galvin Ellis, Clerk of Board of Works; Joe Saggars, HRP Construction, Inc.; Corporal Brian Wright, Michigan City Police Department; Skyler York, Director of Planning; Andrew White, ALCO TV; Brad Minnick, Haas & Associates; Kyle Petter, Associate Planner; David Albers, Flaherty & Collins; Ryan Beall, Deputy City Attorney; Kim Sliwa, Office Manager for Attorney/ Personal; Greg Coulter, 1st Ward Common Council; Ta-Tanesha George, Personal Director; Mary Lynn Wall, Controller; Terry Greetham, Director of Special Events; Eric Williams, Assistant Events Coordinator; Angie Nelson Deuitch, Mayor; Nancy Moldenhauer, 6th Ward Common Council; Kila Ward, Director of Employment and Workforce Development; Shannon Eason, Park Superintendent; Will Walker, Assistant Park Superintendent; Scott Meland; Tristan Smith; Alan Cernick; Hesham Khalil, Global Engineering, Tommy Kulavik Approval of Minutes President Bietry made a motion to approve the minutes for the January 2, 2024 regular meeting, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Sale of City Owned Property - Wild Rose Drive President Bietry asked if anyone wanted to address the sale of city owned property – Wild Rose Drive, Parcel #46-01-13-232-022.000-022. 1 Attorney Barry McDonnell, 601 Franklin Street, represented Indiana Investco, LLC who was the sole bidder on the parcel. Attorney McDonnell explained why the bid amount was lower than the assessed value of the property. Jacqueline Purze, on behalf of Indiana Invesco, was also noted present by Attorney McDonnell. Indiana Invesco owns property on both sides of Wild Rose Drive. The property for sale is unable to have any type of structure built on it due to being encumbered by a 75-foot ditch easement, which results in only 25% of the property being usable. Vice President Simmons made a motion to accept the bid, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Awarding of Bid – CCMG 2023-2 Awarding of bid for the Community Crossing Matching Grant (CCMG-2) – Paving Project. Brad Minnick, Haas & Associates, recommends bid approval to Reith & Riley Construction Company for the Base Bid of $1,790,938.20. The Bid was the lowest and most responsive, being 12% below the engineers estimate and 17% below the second bidder. This would be funded as a CCMG Grant. Alternate 1 in amount of $36,113.75, Alternate 2 in the amount of $58,080 and Alternate 3 in the amount of $64,036.20. Alternates A1, A2 and A3 are being funded solely by the Parks and Recreation Department as stand-alone projects, separate from the CCMG project. The grand total of the Base Bid and all Alternates is $1,949,168.15. Vice President Simmon thanked Mr. Minnick for the detailed response on the Bid Approval. Antisdel made a motion to accept the bid, seconded by Vice President Simmons and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Resolution – Executive Order 2024-1 Resolution of amending all policies of the Board of Works to conform with Executive Order 2024-1 from Mayor Angie, basically establishing Izabelle as Clerk of Board of Works. Vice President Simmons made a comment stating that after reading all the information, the order makes sense, and it was a great move on the Mayor’s part. 2 Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Contract – Global Engineering Service Contract 2024 Engineering Service Contract with Global Engineering for 2024 in an amount to not exceed $217,000. Shem Kahil, Global Engineering, 601 Franklin St., explained the contract. Kahil said that the state is allowing $1.5 million as a match, so the total project could go up to $3 million. Mayor Angie Nelson Deuitch addressed the Board regarding funding, stating the Redevelopment Commission has committed $600,000 towards the match allowing the city to tackle more streets than they’ve been able to do. Mayor Angie also mentioned that she is working on the RAISE Federal Grant application that is up to $25 million. With that, Mayor Angie gave her support to Global Engineering doing the work for the city. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved by the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Appointment to Planning Commission Correspondence received from Mayor Angie requesting the Board of Works to appoint Bruce de’Midici to the Planning Commission due to the term expiration of Geraldine McCabe-Miele. Antisdel made a motion to approve, seconded by Simmons and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS (0) None Street Closure – Construction Project – Concord Cleaners Groundwater Interceptor Trench Project Joe Saggars, HRP Construction Inc., requested street closures on portions of 8th St. to perform “Concord Cleaners Groundwater Interceptor Trench” Project from January 22, 2024 through March 15, 2024. Alan Sirnek, Redevelopment Commission Attorney, addressed the Board explaining the site project, advising since the move of Concord Cleaners in the 90’s, the toxicity of the site has 3 been migrating. As a result, the area ended up being an IDEM contamination site. Michigan City, through the Redevelopment Commission, then began with an Environmental Recovery Action against the cleaning company, resulting in a settlement payment of $1.8 million in 2019. The Redevelopment Commission has been working with IDEM to clean up the chemicals on the site. HRP Construction’s bid was approved by the Redevelopment Commission to install a trench interceptor, designed by August Mack Environmental, along 8th St. to stop any further migration of chemicals. Saggars explained the project and road closures that would affect residents. They have hired State Barricading to implement the closures to follow rules and regulations and the design has been made to minimize the impact on the community. Discussion ensued between Board Members, Attorney Sirnek, Skyler York, Director of Planning, and Corporal Brian Wright, Michigan City Police Department, regarding the runoff from the site and road closures; with the work is due to start on Wednesday, January 31, 2024. Scott Meland, Kenwood Place, addressed the board to further explain why the trench interceptor is needed and that he supports the project. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Approval of Workers Compensation Rework – GIS Charlie Keene and Matt Weber, General Insurance Services (GIS), 421 Franklin St. Michigan City, requested approval for the 2024-2025 Self-Fund Workers Compensation Program: Buffer Layer Excess Component Renewal. The Buffer Layer Term is January 15, 2024 to January 15, 2025. Charlie Keene, GIS (Franklin St.), explained the coverage and premiums. The Excess Coverage covers anything over and above $600,000 loss and $750,000 for police and fire. The Buffer Layer, which is what GIS was seeking approval for, brings both retentions down to $300,000. Everything from $300,000 to $1 is the responsibility of the city and their self- insured loss bond. The Buffer Layer Renewal Premium is $64,568.85. Keene stated that the City and Sanitary District should budget about $600,000 for the claims fund. 4 President Bietry made a comment to confirm that the $3,068.85 is the sum of City’s portion, which is $2,424.39, and the Sanitary District’s portion of $644.46. Keene confirmed. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Special Event Request – Sand Lovers, LLC – Event Management Services & Consulting Services Terry Greetham, Special Events Coordinator, requested approval of contracts between City of Michigan City and the Sand Lovers, LLC for Event Management and Consulting Services for the 2024 Singing Sands Sculpture Festival. Greetham addressed the Board explaining the contracts for Singing Sands. He explained that the only changes from last year were the dates and adjustment of insurance requirements. They found that they were requiring the Sand Lovers to provide a much higher amount of insurance than they were for other events that were comparable in Washington Park, so Greetham worked with GIS and Corporate Counsel Amber Lapaich to bring down the insurance. President Bietry made a comment that the total between the two contracts for Singing Sands is $37,000. Greetham explained that there is a fee and contract for the prepping and consulting prior to the event and a separate contract to actually run the event on property itself. Corporate Counsel Lapaich explained the payment process for the event and each contract. She stated that for consulting, the vendors would get paid as they billed the city monthly rather than getting paid in full for everything in the end. Vice President Simmons made a motion to approve both contracts, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Special Events Request – Pyrotechnico Fireworks, Inc. Terry Greetham, Special Events Coordinator, is requesting approval of contract between City of Michigan City and Pyrotechnico Fireworks, Inc, for the annual fireworks display on July 4, 2024 and July 4, 2025. 5 Corporate Counsel Lapaich asked this to be tabled due to some language that needs to be discussed with the vendor. Vice President Simmons made a motion to table the request, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS (0) None Traffic Control Device Request – Ryan McGrath Ryan McGrath, 118 Kruger Ave. Michigan City, is requesting the installation of a mirror for “Blind Traffic” at the new subdivision of Harbor Point. Greg Coulter, 1st ward Common Council, addressed the Board on behalf of Ryan McGrath and explained why the mirror is needed, as well as a possible traffic sign to get out of their driveway safely. Corporate Counsel Lapaich referred the item to Brad Minnick and the Police Department on their recommendations and perspective for the traffic device. Skyler York addressed the Board explaining how the roadway works at the top of the hill where the device is wanted; also recommended taking advice from the Police Department and Mr. Minnick. Corporal Wright explained that he will look more into the request and would be interested in what type of signs they would like. Mr. Minnick explained the City’s liability of the traffic device in the case that it was damaged or limited in its functionality and said he will look into alternatives and suggest a recommendation at the next meeting. President Bietry recommended that this item be tabled until the next meeting. Vice President Simmons made a motion to table the request, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS (0) None EPA Soil Sampling Allen Jarrell, USPEA, is requesting permission to conduct soil sampling on city-owned parcels located on Green St. and bearing parcel number 46-01-32-138-009.000-022 and parcel number 46-01-32-133-011.000-022. 6 Corporate Counsel Lapaich explained that she spoke with Mr. Jarrell and the EPA Legal Counsel on the request and there is no rush on the sampling due to weather. Corporate Counsel Lapaich asked that the request be tabled until the next meeting. President Bietry made a motion to table the request, seconded by Vice President Simmons and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Stop Sign Replacement Request – Brother Shaun Brother Shaun, Marquette Catholic High School, 109 Ann St. Michigan City, is requesting to replace the stop sign on the corner of Washington St. and 10th St. for safety reasons. President Bietry called on Brother Shaun and he was not present; stating that he drove by the intersection and there was a stop sign on the corner of Washington and 10th and it’s not faulty in any way. Corporal Wright addressed the Board regarding traffic crash data; of the ten crashes that happened there since 2015, only three of them were due to not having a stop sign for North and South traffic on Washington. Wright sees no issue currently with how the stop signs are and sees no obstruction of view to them. Tommy Kulavik, 1316 Ohio St. Michigan City, addressed the Board explaining why Brother Shaun has wanted the four-way stop at Washington and 10th due to the backed-up traffic from the South Shore Line; advising his recommendation was to deny the request. Vice President Simmons made a motion to deny the request, seconded by Antisdel and was denied with the following vote: AYES: (0) None NAYS (3) BOW Members Bietry, Simmons and Antisdel Vendor License Request – Tacos My Friend Jesus Tapia, Tacos My Fren, 621 Franklin St. Michigan City, is requesting a vendor license at 621 Franklin St. for Monday through Saturday, 10:30 a.m. to 8 p.m. Jesus Tapia addressed the Board explaining why he would like to leave the trailer at the site through winter due to water pipes freezing. Corporate Counsel Lapaich has concerns about the vehicle not being moved every night. She suggested the request be tabled until the next meeting, so the board can work with Tapia on a plan to move the trailer. 7 Vice President Simmons made a motion to table the request, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Personnel – Update to Executive Assistant III (Mayor) Job Description Ta-Tanesha George, Director of Personnel, is requesting approval for the updated Executive Assistant III (Mayor) job description to reflect the additional responsibilities and duties. Mrs. George addressed the Board explaining the details of the updated job description reflecting the BOW Clerk duties. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Personnel – Changing of the Promise Scholarship Director to Education and Workforce Development Ta-Tanesha George, Director of Personnel, requested the change of Promise Scholarship Director to Education and Workforce Development Director to reflect additional responsibilities and duties. Mrs. George addressed the Board explaining Mayor Angie’s decision to add more responsibilities and changing the title of the position. Mayor Angie addressed the Board explaining the previous duties of Promise Scholarship position, stating that the sole responsibility was to manage the paperwork of the scholarship program. Kila Ward, the new Education and Workforce Development Director, has been managing the program and working with Unity Foundation to streamline the program. Mayor Angie suggested that the Exception Committee could become a Scholarship Committee that actually looks at the applications. Lastly, she stated that this job is more of a reflection on how do we support the community and making sure that they are employed with livable wages. Vice President Simmons and Antisdel both made comments supporting the changed job title and duties, stating that the Promise Scholarship position has been underutilized for a long time and they’re excited to see it expand. 8 Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Personnel – Update to City Policy 303 – Vacation Ta-Tanesha George, Director of Personnel, requested to update City Policy 303 related to Vacation. Mrs. George addressed the Board explaining the changes to the policy by cleaning up some of the language; advising changes were made to when departments can submit the employees vacation sell-back; restraints were put on the number of hours of vacation time that employees can carry over into the new year, and how often they can carry them over. Mayor Angie addressed the Board commenting on the reasons for the change and to make sure that future Mayors don’t take advantage of the new administration’s budget. Vice President Simmons made a comment agreeing with the change to the policy. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Sidewalk Replacement – 2024 Sidewalk Replacements Brad Minnick requested to solicit quotes for the 2024 sidewalk replacements across Michigan City; advising work is to be completed on or before September 1, 2024. Mr. Minnick addressed the Board explaining the project; advising sidewalk replacement is based off budgetary allowances, and working with the City Council members and the Planning Department on which ones need addressed. Mayor Angie addressed the Board asking to, “Not Exceed $100,000” due to budgetary restraints. Scott Meland, Kenwood Place, addressed the Board asking if the city has a “Cost Sharing Program” for sidewalk replacement; suggesting it is something the city should look into to be able to stretch our budgetary dollars. 9 Discussion ensued regarding the program. Corporate Counsel Lapaich commented that this is not an ordinance that the city has implemented, and it would have to be brought up with the Common Council. Vice President Simmons made a motion to approve and to not exceed $100,000, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Correspondence – Michigan City Police Department President Bietry read the letter from Police Chief Marty Corley in its entirety and thanked Officer Kelly S. Williams on his 26 years of service, wishing him well. Vice President Simmons thanked Officer Williams for his 26 years and congratulated him on his retirement, wishing him well. Payroll and Claims Dockets Payroll Docket December 15, 2023 City Payroll $ 1,080,887.83 December 15, 2023 City Payroll $ 905,176.74 January 12, 2024 City Payroll $ 710,012.50 Claims Docket January 22, 2024 Municipal $ 5,199,477.26 Health & Life Ins. Fund $ 1,235,999.57 CDBG $ 42,747.94 Worker Comp Trust $ 0.00 Special Events $ 0.00 Total Claims: $ 6,478,224.77 10 The Board accepted as presented for both the payroll and claims dockets. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Unfinished Business – Replace Guard Rail Don Przybylinski, 215 Gardenia St., requested to repair or replace city owned guard rail at the corner of 8th St. and Springland Ave. Corporate Counsel Amber Lapaich asked the Board to address the item. Brad Minnick addressed the Board stating that the guard rail fix can be paid from the Local Road and Street Fund 436.030. Mr. Minnick would like to authorize a contractor to install a new steel guard rail at the location; stating the Street Department had temporarily put up Type 3 barricade signage and they will remove it and use it for the barricades that are in poor condition. The amount to replace the guard rail is $11,707.00. Vice President Simmons made a motion to approve, seconded by Antisdel and was approved with the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Brad Minnick addressed the Board regarding ADA signage request from Councilman Don Przybylinski; advising the signs at the push-button crosswalks become faded over time due to sun exposure. Mr. Minnick reached out to Midwest Electric, the City’s traffic signal contractor, to offer an inventory of the different sign locations and had an inspector from Haas and Associates go out and review which signs need replaced; stating they found that 18 signs needed to be replaced, and the quote that came through to fix the signs from Midwest Electric was for $95 each, totaling $1,710.00. A proof of funding was received for the signs, but it was for 141 replacements. Mayor Angie addressed the Board and Mr. Minnick asking if the electrical contractor charged us for the assessment as well as the signs. Mr. Minnick said he will look into it. Mayor Angie said that going forward, specifically projects like the ADA signs, would be a great opportunity for an intern. President Bietry doesn’t agree with voting on this topic without having more information and recommended tabling the request. Corporate Counsel Lapaich asked for a detailed list of the signs that need replaced. President Bietry made a motion to table the request until the next meeting, seconded by Vice President Simmons and was approved with the following vote: 11 AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Public Comment Skyler York introduced Dave Albers with Flaherty and Collins. Mr. Albers is the Local Project Manager for Flaherty and Collins, located at 1108 Franklin, and will be giving the Board updates at the first BOW meetings of the month on the 11th Street Train Station Building Project. Mr. Albers addressed the Board giving an update on the progress of the project stating that the weather has restricted them from doing work, but Aggregate Pier Foundations should resume work the following week; stating Flaherty and Collins will be looking for foundations to start thereafter; advising the delivery of the precast panels will start at the end of February and be staged at the old St. Anthony’s hospital in the parking lot, and at the end of March they will be transferring the panels. Tommy Kulavik commented that he was happy to see the $500,000 remodeling of the Bandstand Presentation Project was underway. Board Comments Vice President Simmons commented commending all the city works and private contractors who did a super job during the snowstorm, as well as the residents for staying off the streets so that the employees could do their jobs. Antisdel seconded that commending the cleanup work and congratulating all city workers. President Bietry thanked the Mayor and the staff in dealing with the blizzard and the aftermath of it. President Bietry also commented on getting an update from the Park Department. Vice President Simmons made a motion to adjourn, seconded by Antisdel and was approved by the following vote: AYES: (3) BOW Members Bietry, Simmons and Antisdel NAYS: (0) None Meeting adjourned at 10:05 a.m. local time. 12