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PUBLIC AGENDA SESSION FEBRUARY 9 2012 29
<br />The Public Agenda Session of the Board of Public Works was convened at 10:32 a.m. on
<br />Thursday, February 9, 2012, by Board President Gary A. Gilot, with Board Member Donald E.
<br />Inks present. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk,
<br />Linda M. Martin, presented the Board with a proposed agenda of items presented by the public
<br />and by City Staff.
<br />ADDITION TO THE AGENDA
<br />Mr. Gilot noted the addition to the agenda of a Professional Services Agreement with Crowe
<br />Horwath for debt reporting analysis.
<br />APPROVE LOCAL GOVERNMENT SERVICE EXCHANGE AGREEMENT — "IT CITY
<br />OF MISHAWAKA AND ST. JOSEPH COUNTY
<br />Ms. Aladean Rose, Legal Department, presented the Board with an agreement between the City
<br />of South Bend, the City of Mishawaka, St. Joseph County, and WNIT to provide a local public
<br />education and government access television Channel 99. The first year the costs will be divided
<br />three ways with the City of South Bend paying $65,000.00, Mishawaka paying $10,000.00, and
<br />St. Joseph County paying $10,000.00. The remaining years, thereafter, the cost of the agreement
<br />will be divided based upon franchise fees with South Bend paying a not to exceed amount of
<br />$43,000.00; Mishawaka paying $13,000.00; and St. Joseph County paying $29,000.00. The
<br />agreement calls for WNIT to be responsible for the operation and management of the broadcast.
<br />Mr. Gilot stated the City is taking the lead on the project with the County and Mishawaka piggy-
<br />backing on the agreement. He noted the first year amount is arbitrary, but the remaining year's
<br />amounts are split based on 5% franchise fees for each government entity. Upon a motion by Mr.
<br />Gilot, seconded by Mr. Inks and carried, the agreement was approved up to the allocated
<br />$65,000.00 budget. Mr. Gilot stated if the charges went beyond the allocated amount, it would be
<br />subject to working out the funding with the Common Council. Ms. Greene stated the agreement
<br />should be dated effective January 3, 2012.
<br />APPROVE PROFESSIONAL SERVICES AGREEMENT — CROWE HORWATH
<br />Mr. John Murphy, Administration and Finance, stated the Department of Local Government
<br />Finance has instituted new regulations that require the City to prepare a debt reporting module of
<br />all City debts and submit it by March 1, 2012. The City is requesting to hire Crowe Horwath for
<br />a not to exceed amount of $60,000.00 to assist with the report, and due to the time frame, the
<br />agreement needs to be approved today. Therefore, Mr. Inks made a motion the agreement be
<br />approved subject to the details of the agreement being worked out and final Legal review. Mr.
<br />Gilot seconded the motion, which carried.
<br />Board members discussed the following item(s) from the agenda.
<br />- Addendum to the Master Agency Agreement — Redevelopment Commission
<br />Mr. Dave Relos, Community and Economic Development, stated this agreement is for
<br />the Veteran's Hospital development for the exterior parking lot to the west of the former
<br />Gates property. Mr. Gilot stated this project has a tight time frame. Attorney Cheryl
<br />Greene suggested Community and Economic Development work with Legal on putting
<br />the contract together to accommodate the tight time frame.
<br />- Professional Services Agreement — McCormick Engineering, LLC
<br />Mr. Jack Dillon, Engineering, stated "This project is being undertaken in connection with
<br />the settlement of an enforcement action, United States and the State of Indiana v. City of
<br />South Bend, Indiana, taken on behalf of the United States Environmental Protection
<br />Agency and the Indiana Department of Environmental Management pursuant to the clean
<br />Water Act." He added this project is to clean up the water in Bowman Creek. He noted
<br />they expect the project to come in less than the stated $97,100.00. Mr. Inks asked what
<br />the City's responsibility is for the cleaning up of the creek. Mr. Gilot explained the City
<br />chose to invest locally in a project to help the environment, instead of paying the 5%
<br />environmental fines the City was issued, to the EPA. He noted the City is trying to create
<br />an aquatic environment in the creek and local students are involved in ongoing testing of
<br />the water. Mr. Gilot stated the hope is to start to buy up vacant and abandoned properties
<br />and give the flood plain back to the creek. Once the creek is determined to support
<br />aquatic life, the hope is to write grants for bike trails and small parks, and create a bio-
<br />retention area where people might want to reinvest in city property by the water. Ms.
<br />Martin, Clerk of the Board, asked if all correspondence is required to have the above
<br />statement included based on the Consent Decree's regulation that all public reference to
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