09/24/01 Board of Public Works Minutes

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o:a REGULAR MEETING SEPTEMBER 24, 2001 adopted by the Board of Public Works: RESOLUTION NO. 57-2001 RESOLUTION OF THE BOARD OF PUBLIC WORKS RESCINDING NEW ENERGY, INC.'S OPERATING PERMIT EFFECTIVE SEPTEMBER 10, 2001 AND REINSTATING IN FULL FORCE AND EFFECT NEW ENERGY, INC.' S PREVIOUS OPERATING PERMIT FOR A PERIOD OF THIRTY-EIGHT (38) DAYS WHEREAS, the Board of Public Works issued an operating permit to New Energy, Inc. on the 6t1i day of September, 2001; and WHEREAS, this operating permit became effective on September 10, 2001 and was to remain in effect up to September 10, 2006; and WHEREAS, the City and New Energy, Inc. are still engaged in talks to reach agreement on the terms and provisions of New Energy's pretreatment compliance obligations; and WHEREAS, the City has agreed to permit New Energy, Inc. to operate for a period of thirty- eight (38) days from September 10, 2001 under the terms and conditions of New Energy, Inc.'s previous operating permit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS: 1. The operating permit issued to New Energy, Inc. on September 6, 2001 and effective on September 10, 2001 is rescinded. 2. The operating permit which was in effect immediately prior to the issuance of the permit on September 6, 2001 is reinstated retroactive to September 10, 2001 and is hereby extended for a period of thirty-eight (38) days and shall remain in full force and effect up to and including October 18, 2001, unless a new operating permit is issued by the Board before that date. Adopted the 19' day of September, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member APPROVAL OF GRANTS OF EASEMENTS - 1518/1524 MIAMI In a memorandum to the Board, Ms. Angela Furore, Community and Economic Development, submitted walkway easements granted to the City of South Bend by the property owners of 1524 and 1518 Miami Street. The walkway easements are a modification of a document prepared by the City of South Bend Legal Department. The agreement grants the City an easement for the west five (5) feet along both the lots in order to add streetscape trees and provide ADA compliant sidewalk. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Grants of Easement were approved. APPROVAL OF RELEASE OF UTILITY EASEMENT - 3500 - 3600 BLOCKS KALE STREET In a memorandum to the Board, Mr. Carl Littrell, City Engineer, requested the Board to approve the release of utility easements in the recently vacated 3500 and 3600 blocks of Kale Street, as there are no public sewer or water facilities in this area. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the Release of Utility Easement was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by KFH Real Estate, LLC,17900 Ireland Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer and water