04282017 Board of Public Works Special Meeting Minutes

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SPECIAL MEETING APRIL 28, 2017 126 A Special Meeting of the Board of Public Works was convened at 3:00 p.m. on Friday, April 28, 2017, by Board Member Elizabeth Maradik with Board Members Suzanna Fritzberg and James Mueller present. Board President Gary Gilot and Board Member Therese Dorau 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. ADOPT RESOLUTION NO. 17-2017 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ADOPTING A POLICY DESIGNATING CERTAIN LAND IN THE CITY AS AN UNDERGROUND UTILITY AREA Mr. Eric Horvath, Director of Public Works, explained the State legislature passed and enacted House Bill 213 on small cell towers that allows utilities to put them in the right-of-way without permits or permission from the City. Mr. Horvath stated the resolution allows the city to designate certain areas, specifically underground right-of-ways, for new utilities with provisions for placement on poles. He noted the City has to provide a waiver, adding the utilities can still get them in the right of way but this gives the City some control. He stated the City is trying to prevent utilities from being placed all over the city and have some control by establishing some underground utility areas in all of the right-of-way except alleys. Attorney Schmidt stated the waiver process will evolve over time, noting that has not been clearly defined. He stated currently a utility will come to the Board of Works to seek a waiver from underground placement, adding this is only for new poles, not replacement poles. He noted the good thing about the waivers is you are aware of the installation, instead of finding out about it through the permit process. Mr. Mueller asked what the ability to amend the resolution is. Attorney Schmidt stated May 1 is the deadline to get something on the record. He added if it had to be amended, the Board would do an amended resolution. He stated they tried to be expansive in the territory to cover the unknown, adding this appears to be the approach cities are taking (to include all of the right of way). Mr. Horvath stated one reason we made it more expansive is it is easier to take areas out rather than put them in, noting this is also consistent with what other cities have passed. Attorney Schmidt stated there are not a lot of guidelines on the waiver policy, so the resolution left that vague. Right now, he added, the Board will listen to an applicant and take each situation under consideration. Upon a motion made by Ms. Fritzberg, seconded by Mr. Mueller and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 17-2017 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS ADOPTING A POLICY DESIGNATING CERTAIN LAND IN THE CITY AS AN UNDERGROUND UTILITY AREA WHEREAS, the City of South Bend Board of Public Works ("Board") is the contracting body for the City of South Bend, Indiana ("City"); and WHEREAS, pursuant to Indiana Code § 36-9-1 et al, the Board has the authority to supervise all streets, alleys and City property; and WHEREAS, pursuant to Indiana Code § 36-9-6-3, the Board is authorized to regulate the City's rights -of -way ("ROW"); and WHEREAS, the City aspires to be a leader throughout Indiana for technology growth; and WHEREAS, the City and the Board look forward to working in collegial manner with technology and utility companies to promote innovation throughout the City while maintaining the integrity and aesthetics of the City; and WHEREAS, the Board desires to protect and preserve City ROW, with the exception of pre-existing alleyways, by requiring all future utilities to be located underground; and WHEREAS, the Board is authorized, by way of this Resolution No. 17-2017, to issue a waiver to utility companies which would allow for the construction of a new, aboveground utility pole within the City ROW; and NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: 1. The City of South Bend hereby designates all of its right-of-way as an underground utility area.