02/28/12 Board of Public Works Minutes

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PUBLIC AGENDA SESSION FEBRUARY 23, 2012 52 WHEREAS, Habitat is willing to accept the transfer of the Real Property from the City for the purpose of constructing a residential structure on the Real Property and disposing of the Real Property, following construction, in a charitable manner to a resident of Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The transfer of the following described real property situated in St. Joseph County, Indiana: 935 West LaSalle and 937 West LaSalle, as more particularly described in EXHIBIT A by the City to Habitat, for charitable purposes, shall be, and hereby is, approved and authorized. 2. The Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quit claim deed conveying all the right, title and interest of the City in and to the Real Property to Habitat and are further directed to deliver said quit claim deed to Habitat for recording in the Office of the St. Joseph County Recorder. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on February 23, 2012, at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks ATTEST: s /Linda M. Martin, Clerk Board members discussed the following item(s) from the agenda. Consent Decree Report, Mr. Jack Dillon, Engineering, stated that former Mayor Luecke signed off the Consent Decree at the end of last year. Public opinion was then requested, as required, but none was received. Mr. Dillon stated that civil penalties first need to be paid, after which the report will be submitted to the courts. He noted there are a couple of additional requirements that the Board needs to be made aware of. The first one states that the City needs to provide a copy of the Consent Decree to all officers, employees, agents, and contractors retained to perform work required pursuant to the Consent Decree. Mr. Dillon noted he is in the process of sending this out so they are aware and their employees are aware. Mr. Inks suggested the City adopt as a matter of form, these requirements, as exhibits to contracts. Mr. Dillon stated the other requirement is that the City must keep good records available to be audited at any time. He noted Legal suggested we make a part of contracts that the contractor keeps duplicate copies of the record. Mr. Dillon stated he is looking at ways to create a check list and filing system. He noted that ultimately he may come back to the Board and ask that the City standards and contracts be modified to include this language. Mr. Inks asked when this goes into effect. Mr. Dillon stated when it is filed with the courts. Mr. Inks stated he thinks it makes sense to incorporate the language with the contracts. Ms. Greene noted she will need to be informed when this applies to a contract. She asked if it would apply to a broad contract like a sewer collapse. Mr. Dillon stated he doesn't think so, that would be normal maintenance. Mr. Gilot suggested he do a web link to the City's virtual plan room for the Consent Decree. Ms. Greene added it would be good to track who views the report. Mr. Inks stated our only job is to make it available; if we monitor the website, we are making ourselves responsible for knowing who viewed it. Ms. Greene stated we need to show that we have taken that step to give them a link. Mr. Gilot noted that the employees responsible are worried about the records auditing and maintenance. Mr. Inks suggested if this is a large enough project, would it be wise to hire someone to digitally store and