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AGENDA REVIEW SESSION JULY 19, 2018 221 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on July 19, 2018, by Board President Gary A. Gilot, with Board Members Suzanna Fritzberg, and Therese Dorau present. Board Members Elizabeth Maradik and James Mueller were absent. Also present was Attorney Aladean DeRose. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. PUBLIC HEARING — LEASE OF OFFICE SPACE AT 319 NILES AVENUE Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a lease of office space at 319 Niles Avenue for the City's Human Rights Commission from MedPro Properties, LLC. Mr. Gilot stated he would open the public hearing and asked if anybody present wished to speak in favor of the lease. Attorney Aladean DeRose stated this is the current office of the Human Rights Commission pursuant to a lease entered into in 2012, and approved by the Board of Works and the Common Council. She stated this is a continuation of that lease, and there are two (2) issues the Board should take into consideration; necessity and rate. Attorney DeRose stated Human Rights has now expanded to county -wide coverage, not just city-wide. This office space has a fully ADA and van accessible parking lot. She noted this was originally city space that was reconfigured and designed specific to Human Right's needs. Attorney DeRose stated they looked at comparables and determined $6.65/square foot is the comparable rate; this one is $7/square foot. She noted the rate will increase gradually, but will still remain low. Attorney DeRose stated the common space lease is consistent with other's utilities, insurance, cleaning, accounting services, etc. She concluded that this is a fair and reasonable rent and if the Board approves the lease, the Common Council will approve it on Monday. She added there is six (6) month termination language after 2019 included, addressing questions about the length of the lease. She noted the Controller was not comfortable locking in for five (5) years in the case that needs should change. Ms. Fritzberg asked if this space or the need for space is defined by a need for a larger area. Ms. DeRose stated it is not, but this space is flexible and has the ability to accommodate. Ms. Fritzberg asked if the County will contribute to the lease costs. Ms. DeRose stated they currently are not, but the City will look at the County contributing for the services provided. Ms. Dorau asked if there are any plowing or sidewalk clearing services provided by the City. Ms. DeRose stated there are not. Mr. Gilot stated the original intent was to keep these offices separate from the County City Building in the instance when someone wants to file a discrimination suit against a City office. Mr. Gilot summarized, the Board heard it's a reasonable rate, and the best option for the Human Rights Offices at this time. He asked if there was anybody else present wishing to speak for or against the proposed lease. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. ADOPT RESOLUTION NO. 37-2018 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND INDIANA REAFFIRMING AND RECOMMENDING APPROVAL OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE SOUTH BEND INDIANA FOR USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.37-2018 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING AND RECOMMENDING APPROVAL OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH BEND, INDIANA FOR USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION WHEREAS, the Common Council of the City of South Bend, Indiana, by Resolution No.4193-12 on July 9, 2012 after taxpayer petition, public hearing and approval by the Board of Public Works, previously determined that it was necessary for the City of South Bend to enter into a real estate lease for property located at 319 Niles Avenue, South Bend, Indiana ("the Property"), as office space used by the South Bend Human Rights Commission ("the HRC"); and WHEREAS, the City entered into a five-year lease with then -owner 319 Niles, LLC, and the HRC space of the leased premises was redesigned and reconfigured to the specific needs of the HRC; and