05/06/86 Board of Public Works Minutes

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REGULAR MEETING MAY 6. 1986 15 prior to making an award for this project, either funds will be appropriated prior to the award or the project will be awarded subject to funding. In any case, the Common Council must approve the appropriation of funds before actual work on the project can begin. Mr. Werts next discussed the May 2, 1986, letter which he wrote to Dr. George B. Plain, St. Joseph County Health Officer, requesting various information regarding the above referred to project. Mr. Werts stated that his attorney has advised him to pursue his request for information with that information needing to be supplied by the County Health Officer. He further stated, however, that since the mandate to construct the sanitary sewers is not to the citizens but is to the Board of Public Works on behalf of the City, his attorney suggested that he request that the Board ask Dr. Plain for the information requested with that information to include the technical data that was the basis for the Field Investigation Report as well as what was the basis for the mandate. Mr. Werts further stated that as the County Health Officer has not been very cooperative, it would seem appropriate that the Board could ask for the requested information on behalf of the residents. Mr. Leszczynski advised Mr. Werts that it is highly unlikely that the City is going to request that information as the City is not going to "second guess" the decision made by the Health Officer regarding this matter. In response to Mr. Wert's reference to the report which he submitted and criticism of the State Field Investigation Report, Mr. Leszczynski stated that both reports were poorly prepared and that the problem the residents have with this matter is not with the Board even though it has consistently been the Board of Public Works that has listened to their concerns. Reiterating, Mr. Leszczynski stated that the Board is not in a position to "second guess" the County Health Officer and the Board must abide by the decision made by the County Health Officer. In response, Mr. Wert's stated that his lawyer suggested that it would be appropriate to ask the Board to seek the information requested. In closing, Mr. Wert stated that in light of the fact that the Board does not intend to seek the information requested, residents will have to take some other recourse. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the meeting adjourned at 10:13 a.m. C)Jn E. Leszczy k Katherine G. Barnard Michael L. Vance ATT ST: Sandra M. Parmerlee, Clerk