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AGENDA REVIEW SESSION MARCH 6 2014 63 The Agenda Review Session of the Board of Public Works was convened at 10:39 a.m. on Thursday, March 6, 2014, by Board President Gary A. Gilot, with Board Members David P. Relos, Kathryn E. Roos, Patrick M. Henthom, and Brian J. Pawlowski 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 by City Staff, REMOVAL FROM THE AGENDA Mr. Gilot noted a request to remove Item No. 8B., Change Order and Project Completion Affidavit for Main Street /Lafayette Boulevard Connector from Ireland Road to Chippewa Road, from the agenda. TABLE REVIEW APPROVAL OF PERMIT — GLOW IN THE PARK 5K Attorney Cheryl Greene stated that subsequent to the Board's approval of this event at their meeting of February 11, 2014, additional information became available to the City regarding the organizer. She noted the Board's responsibility is to oversee the care and control of the public right of way. She stated it came to the City's attention that the City was listed as a sponsor on this event's website. She noted the City did not approve any type of sponsorship. Ms. Greene added that various other entities provided information on this event and it became apparent that there were a number of concerns with respect to the sponsors. She stated the City was informed that the Food Bank has withdrawn their sponsorship of the event. Ms. Greene stated incorrect information is being put out there, and one of the organizers has an unfavorable rating on the Better Business Bureau's site. She stated the Board needs to re- evaluate whether it is in the best interest of the public and the City to allow the organizers to use the public right -of -way for this event. She noted with these issues being brought to the Board at this time, there are various issues to pursue, and various options to review. Mr. Gilot asked if the petitioner was informed that the Board would take this issue up today. Ms. Roos stated he was made aware. She asked Ms. Greene to summarize the types of complaints to the Better Business Bureau. Ms. Greene stated the Better Business Bureau has a rating system of A through F. She noted this group has an F rating based on twenty -three (23) complaints lodged just this year. She explained the primary complaint is the races were canceled with no refunds issued, just the option given to participate in other races sponsored by this group. It appeared only three (3) of the twenty -three (23) complaints were resolved satisfactorily. She noted she has concerns with the organizer and the effect on local participants. She added that the City was placed in a position to appear as a sponsor, when it was not a sponsor. Ms. Greene stated this Board's role is in charge of the use of city property and to determine if it is in the best interest of the public when granting permission for its use. Ms. Roos stated that given that this race could be canceled and refunds may not be given, can the Board require bonding to protect the applicants. Ms. Greene stated she will need to explore that option, she is not sure the Board can require this. Mr. Gilot stated he was leaning towards canceling this event's approval, but with no representative present, he hesitated to do this. He stated he would therefore recommend tabling this and wait to hear if the organizer comes forward with some alternatives to protect the participants. Ms. Greene stated she wanted to make note that the Better Business Bureau's ratings are on Reinke Sports Group, not the individual, Dean Reinke, but they appear to be one and the same. Ms. Greene added that notice was given to the sponsor to come to this meeting to answer questions, but they did not come. Ms. Roos noted Mr. Reinke stated he will be in town in two (2) weeks. Therefore, upon a motion by Ms. Roos, seconded by Mr. Relos and carried, the Board tabled the review of the Glow in the Park 5k for two (2) weeks to allow for a meeting with the sponsor. Ms. Roos requested the Clerk of the Board contact the sponsor after the meeting and follow -up with a letter notifying him of the Board's actions today. Board members dis- cussed the following item(s) from the agenda: - Extend Bid Award —One (1), 2013 or Newer, Vacuum Air Street Sweeper Mr. Matt Chlebowski, Central Services, stated the cost for this street sweeper is actually $700.00 less than last year due to one less option being purchased, the wide sweep attachment. He noted he included with his request the page provided by Brown Equipment Company with their price extension guarantee. Attorney Cheryl Greene and George King, Purchasing, stated they reviewed this bid extension and are okay with it. Change Order, South Bend Fire Training Center Mr, Toy Villa, Engineering, stated this change order for the Fire Training Center includes one big line item for unforeseen conditions due to the exposure of debris that was previously hidden. He noted the City has been negotiating on the price for a while, which is why this is just coming to the Board. He stated originally the charge was for $40,000.00 but they got the contractor to