07272021 Board of Public Works Meeting

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REGULAR MEETING JULY 27, 2021 141 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — 2021 DRAINAGE IMPROVEMENTS — KALEY ST. AND MARION ST. — PROJECT NO. 121-006A (PR-00010684) In a memorandum to the Board, Ms. Rebecca Plantz, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request to advertise was approved, and the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 22-2021 — A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.22-2021 A RESOLUTION ESTABLISHING THE POLICY BY WHICH MEMBERS OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS MAY PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION WHEREAS, P.L. 88-2021 (HEA 1437), SEC. 5, amended IC 5-14-1.5-1 et seq. (Act), effective April 20, 2021 by amending IC 5-14-1.5-3.5 to prescribe new requirements by which members of a governing body of a public agency of a political subdivision may participate in a meeting by any electronic means of communication; WHEREAS, a member of a governing body may participate by any means of communication that: • Allows all participating members of the governing body to simultaneously communicate with each other; and • Except for a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting; WHEREAS, the Act requires the governing body to adopt a written policy establishing the procedures that apply to a member's participation in a meeting by an electronic means of communication and may adopt procedures that are more restrictive than the procedures established by IC 5-14-1.5-3.5(d); and WHEREAS, the South Bend Board of Public Works may adopt rules of procedure by majority vote of the Board at a regularly scheduled meeting where a quorum is present: NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS: Section 1. (a) The provisions of the Act, including definitions, apply to this resolution. (b) This resolution shall be known as the "Electronic Meetings Policy" of the Board of Public Works (the "Board") and applies to the Board and any committee appointed directly by the Board or its presiding officer. Section 2. (a) Subject to Sections 3 and 5, any member may participate in a meeting by any electronic means of communication that: (i) allows all participating members of the governing body to simultaneously communicate with each other; and (ii) other than a meeting that is an executive session, allows the public to simultaneously attend and observe the meeting. (b) A member who participates by an electronic means of communication: (i) shall be considered present for purposes of establishing a quorum; and may participate in final action only if the member can be seen and heard. (c) All votes taken during a meeting at which at least one (1) member participates by an electronic means of communication must be taken by roll call vote. Section 3. (a) At least fifty percent (50%) of the members must be physically present at a meeting at which a member will participate by means of electronic communication. Not more