03232017 Agenda Review Session - Laserfiche WebLink

Home Browse Search

AGENDA REVIEW SESSION MARCH 23, 2017 74 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on March 23, 2017, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik and Therese Dorau present. Board Members Suzanna Fritzberg and James Mueller were absent. Also present was Attorney Michael Schmidt. The meeting was held in the 13th Floor Boardroom, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Board of Public Works Clerk, Linda Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. CLAIMS — WATER AND SEWER OVER -CHARGES APPEAL — ROGER VALDISERRI Mr. Gilot stated the Board heard the details of this water and sewer overcharge for Mr. Roger Valdiserri, 18441 Cypress Drive, South Bend, Indiana, at their last meeting. He noted it was clearly an error. Attorney Schmidt summarized the details stating this was brought before the Board at their last meeting and tabled to look at the Rules and Regulations which were amended at the Board's meeting of March 14, 2017. Attorney Schmidt stated it is his recommendation that the Water Works recommendation to the Board be approved for the payment of years 2009 through 2015 overcharges in the amount of $3,170.78, including $120 in plumbing expense because Water Works demanded they get a plumber. Mr. Schmidt informed the Board that under Indiana law, damages are designed to compensate the injured party and return them to the former state they would have been before the damages accrued. He noted Indiana law is clear that the compensation has to be established by satisfactory evidence. Mr. Schmidt stated Water Works provided detailed comparisons from 2009 to 2015 of what was billed and what should have been billed, so this is the actual amount he recommends the Board award. Mr. Schmidt noted this does not include interest they requested because that would not be definable as Indiana law requires. Mr. Gilot asked if this comes with a release of claims. Attorney Schmidt stated, no, but if they accept this, that will be offered. He noted that they aren't required to accept this offer, but if they don't, legally they would probably only be allowed two (2) years compensation. Therefore, upon a motion by Ms. Maradik, seconded by Ms. Dorau and carried, the Board approved Water Works to compensate the Valdiserri's in the amount of $3,170.78 for overcharges from 2009 to 2015 and including $120 in plumber's bills. Board members discussed the following item(s) from the agenda. - Proposal — public-finance.com Mr. John Murphy, City Controller, stated this proposal is for 2017 vehicle and equipment leases. He explained the process is to compile a list of all the vehicles and equipment and send out to multiple companies for financing rates. He noted this one was sent to eleven (11) companies and publicfinance.com provided the best rate 2.073%. Mr. Murphy stated all of the companies submitting proposals are reputable companies and he tries to get local participation, but it comes down to cost. - Professional Services Agreement — Creative Financial Staffing Mr. Murphy stated the Fire department has had a temporary Financial Director for the last couple of years, and they are now hiring him full-time. He stated this is a placement fee to the staffing agency that is part of the contract. - Purchase Agreements and Uniform Acquisition Offers Mr. Dave Relos, Community Investment, stated these are the purchase agreements for property for the new Fire Station No. 9. Fire Chief Steve Cox stated this has been a long process going on for twenty (20) years. He stated the City held multiple public meetings and met with the neighborhood. He stated they felt this end result was the best decision to address the needs of the public, Fire Department, and green spaces. Chief Cox thanked Mr. Relos for all his work to get these done, noting it was not an easy process and took a lot of negotiating. Attorney Schmidt explained the process consisted of condemnation letters, an opportunity to accept the City's offer or make a counter-offer. He stated the City is now accepting the counter-offers. Mr. Schmidt noted the work Mr. Relos did avoided the need for an outside agency to negotiate and helped get the residents relocated. Mr. Relos stated there is one other part needed to complete this process; someone needs authorization to sign the closing documents. He requested that be him and questioned if that should be done through a resolution or if it can be part of a motion. Mr. Gilot and Mr. Schmidt agreed that it can be done in the oral motion. Chief Cox stated he wanted to make note, because they have received numerous requests to view the plans, this is just the property authorization, there are no specs or plans, no architect has been hired yet. Ms. Dorau asked if there will be demolitions also. Chief Cox stated there will be. Ms. Dorau questioned how that will impact the Fire Department's budget with the addition of these acquisitions and