01/29/2014 Board of Public Works Minutes

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AGENDA REVIEW SESSION JANUARY 23 2014 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, January 23, 2014, by Board President Gary A. Gilot, with Board Members Kathryn E. Roos, David P. Relos, Patrick M. Henthorn, and Brian J. PawIowski present. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and City Staff. ACKNOWLEDGE NEW BOARD MEMBER Mr. Gilot acknowledged new Board member Brian Pawlowski, and the Board members welcomed him. APPROVE QUIT CLAIM DEED — SOUTH BEND YOUTH HOCKEY INC. Mr. Gilot stated he asked to have this on the agenda; it is an old clean-up issue for part of a parcel of land the City received from the Ice Box at the former A.J. Wright site. Mr. Gilot a explained the City built a storm water retention basin on the property and found they needed a very large basin and needed more acreage. They received 3.6 acres for the basin but it was discovered recently when the owners went to refinance, the transfer was never recorded. Mr. Gilot stated he prepared a statement confirming the City accepted the parcel for a storm water basin and all of the details, in hopes that would help process the refinancing. Mr. Gilot stated the reason the property was never recorded was due to two issues. He stated this is classified as a minor subdivision by the Area Plan Commission and they required an easement from the new owners of property that was formerly owned by Kokoku for storm sewer pipes running through Kokoku's property. He noted the new owners had taken possession so that never happened. He noted the easement is forthcoming but for now his letter will need approval. He stated the second concern was regarding any record of environmental conditions or remediation. After much remediation, IDEM came out with a letter that all environmental conditions have been remediated. Mr. Gilot stated there will probably need to be a resolution or letter from the Board affirming all of this. Ms. Greene added that she worked on this transfer of property and there was nobody available from Kokoku at the time because they were going through bankruptcy. She noted the City should also provide the IDEM letter on remediation. Mr. Gilot stated the owners were preparing a quit claim deed. Ms. Greene stated that would be easiest. She asked that the Board appoint her to act as legal counsel on this matter so she could prepare or review any documents that would need to be done. Therefore, upon a motion by Ms. Roos, seconded by Mr. Henthorn and carried, the Quit Claim Deed was approved, and Ms. Greene was appointed as legal counsel for any issues that would need to be addressed on this matter. Board members discussed the following items from the agenda. - Contract — Greeley & Hansen Mr. Jack Dillon, Engineering, stated heavy rain last year caused a sewer back-up on Michigan Street. He noted the intent was to make that area part of their 2014 contract, but in order to get the process started, the request is to amend their 2013 contract. Ms. Greene requested Mr. Dillon forward the 2013 contract to her, noting if the contract has terminated, she will have to do a new contract. Mr. Eric Horvath, Director of Public Works, stated the Board will need a scope of work for review before Tuesday's meeting. - Professional Services Agreement — Symbiont Mr. Chris Dressel, Community Investment, stated it was determined last year there is a dire need for a brownfields inventory and scoring of level of concern. He stated Symbiont has worked with Elkhart to put together their brownfield inventory. When the EPA offered another brownfield grant opportunity, it was determined that would be a good opportunity to put this together. He noted they submitted the grant yesterday. Per the terms of the grant, if they were to select anyone besides Symbiont at this point, there would be a 4% fee and a partial fee if Symbiont is selected for part of the grant. Ms. Roos questioned if the City is sharing the costs with the City of Elkhart and St. Joseph County since it is a combined grant. Mr. Dressel stated not at this point. Ms. Greene noted there should be a breakdown of duties of each. Ms. Roos questioned s they had a discussion with the other entities that this is coming out of a loss recovery fund, noting it has to be in alignment with the grant. She noted they need to discuss how this might be cost shared. Ms. Roos requested that this be tabled until all of that is worked out. Ms. Greene suggested this could be broken out in parts with the first part being Symbiont's contract and the second part pulling in the county and Elkhart. Ms. Roos noted Symbiont didn't provide terms in their agreement. Mr. Horvath stated they move forward at their own risk. He added the other entities should share in the penalty clause. Ms. Greene suggested they need to layout the terms with what has to be done