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HomeMy WebLinkAbout10/11/10 Board of Public Works MinutesPUBLIC AGENDA SESSION OCTOBER 7.2010 300 The Public Agenda Session of the Board of Public Works was canceled due to an evacuation of the County City Building because of a natural gas leak. The meeting was not re- scheduled. REGULAR MEETING OCTOBER 11, 2010 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October 11, 2010 by Board President Gary A. Gilot with Board Member Carl P. Littrell present. Board Member Donald Inks was absent. Also present was Board Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition of a street closure request from Transpo. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the minutes of the Agenda Session, Regular Meeting and Claims Meeting of the Board held on September 23, 2010, September 27, 2010, and October 4, 2010, were approved. OPENING OF BIDS — OLIVER PLOW MEMORIAL. OLIVER TRAIL. OLIVER INDUSTRIAL PARK ENTRY SIGNS — PROJECT NO. 110 -065 (AEDA TIF) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: FUERBRINGER LANDSCAPING & DESIGN 22530 Brick Road South Bend, Indiana 46628 Bid was signed by: Mr. Dan Fuerbringer Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid III: $74,882.00 L.L. GEANS CONSTRUCTION 1923 Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Norris Emmons Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid I: $284,849.25 Alt. A: $11,000.00 Base Bid II: $118,977.00 LAPORTE CONSTRUCTION CO., INC. PO Box 577 LaPorte, Indiana 46352 Bid was signed by: Mr. Jason DeHaven Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid I: $197,$20.00 REGULAR MEETING WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Dustin Hilary Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid I: $386,786.25 Alt. A: $10,886.00 RIETH -RILEY CONSTRUCTION CO., INC. 25200 State Road 23 PO Box 1775 South Bend, Indiana 46614 Bid was signed by: Mr. Todd Gosc Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid I: $366,334.25 Alt. A: $12,860.00 Base Bid II: $175,188.00 OCTOBER 11, 2010 301 Attorney Cheryl Greene noted irregularities in the bids; some bidders bid on only part of the bid. Mr. Littrell stated the bid was a divisible bid. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Engineering and Community and Economic Development for review and recommendation. OPENING OF QUOTATIONS — JEFFERSON & WAYNE ELECTRICAL OUTLET REPAIRS —PROJECT NO. 110 -067 (SBCDA TIF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: CONCORD ELECTRIC 30753 Old US 20 Elkhart, Indiana 46514 Quotation was submitted by Mr. Rick Cave QUOTATION: $8,843.00 MARTELL ELECTRIC, LLC 4601 Cleveland Road South Bend, Indiana 46628 Quotation was submitted by Mr. Rick Cave QUOTATION: $18,955.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were referred to Community & Economic Development for review and recommendation. OPENING OF QUOTATIONS — CLEANING & REHABILITATION OF NORTH STATION WELLS NOS. 2A & 5A (WATER WORKS OPERATING) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: PEERLESS MIDWEST, INC. 55860 Russell Industrial Parkway Mishawaka, Indiana 46545 Quotation was submitted by Mr. James Williams QUOTATION: $28,950.00 REGULAR MEETING REYNOLDS, INC. 1301 East Main Street Louisville, Kentucky 40206 Quotation was submitted by Ms. Jerri McKenna QUOTATION: $48,709.20 ORTMAN DRILLING & WATER SERVICE 241 North 300 West Kokomo, Indiana 46901 Quotation was submitted by Mr. Nick Rice QUOTATION: $28,394.00 OCTOBER 11, 2010 302 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were referred to Water Works for review and recommendation. AWARD QUOTATION — FARMINGTON LANE SEWER EXTENSION PROJECT NO 110 -067 (SEWER REPAIRS) Mr. Rob Nichols, Engineering, advised the Board that on September 13, 2010, three quotations were received and opened for the above referenced project. Mr. Gilot informed the Board that this need for quotes was due to a resident along the Miami Road project that has a failing septic and desires to connect to the City. Mr. Gilot stated that due to the urgency of that situation and so as not to delay the progress of the current construction any more than necessary, quotes were requested and received. After reviewing those quotations, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana 46601, in the amount of $38,145.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Littrell seconded the motion, which carried. APPROVE CHANGE ORDER NO. 1 — MAIN LINE VALVE REPLACEMENT DIVISION A — PROJECT NO. 109 -064 (SRF) Mr. Gilot advised that Mr. David Tungate, Water Works, submitted Change Order No. 1 on behalf of Davies Water Services, 5350 North Richmond Street, Appleton, Wisconsin 54913, indicating the Contract amount be increased by $19,875 for a new Contract sum, including this Change Order, in the amount of $78,875. In a Memorandum to the Board, Mr. Tungate informed the Board that this is uncommitted funds remaining from Water Work's State Revolving Fund loan. The original projects were completed under budget and they need to re- appropriate the money to similar projects. He noted the State does not want the remaining funds returned. Mr. Tungate stated the SRF funded projects are required to be done quickly. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS ONE (1 ) OR MORE, HEAVY DUTY AERIAL LADDER (QUINT) EMS CAPITAL IMPROVEMENT FUND) In a memorandum to the Board, Chief Howard Buchanan, Fire Department, requested permission to advertise for the receipt of bids for the above referenced equipment. Mr. Gilot stated he had just come out of a meeting with the Fire Department, Equipment Services, and Purchasing to discuss problems with the specifications. He noted the specs are too narrow to be following bidding laws, and they need to be re -done, opening up the bidding field. Any proprietary parts will need a memo from Legal justifying the request. Attorney Greene added that any compatibility issues need to be addressed also. Therefore, Mr. Gilot made a motion that the request to advertise be approved subject to the committee working on the specs to open them up to other bidders. Mr. Gilot noted the bid should not be advertised until these details are worked out. Mr. Littrell seconded the motion, which carried. ADOPT RESOLUTION NO. NO. 63 -2010 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: 1 REGULAR MEETING A RESOLUTION OF THE S SOLUTION NO. 63 -2( OUTH BEND BOARD OCTOBER 11, 2010 303 ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: LANIER LD 045 COPIER, SERIAL NO. 30401011 WHEREAS, Indiana Code 5 -22 -22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and /or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 11 th day of OCTOBER, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. NO. 64 -2010 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 64 -2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: FIRE DEPARTMENT INFORMATION TECHNOLOGY HARDWARE WHEREAS, Indiana Code 5 -22 -22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and/or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. REGULAR MEETING OCTOBER 11, 2010 304 ADOPTED this 1 Ith day of OCTOBER, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 65 -2010 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF TWENTY (20) SIG SAUER P229 HANDGUNS FOR TWENTY (20) NEW SIG SAUER P220 HANDGUNS OF GREATER VALUE FROM THE SOUTH BEND POLICE DEPARTMENT TO VANCE'S LAW ENFORCEMENT Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works, subject to Legal review. Ms. Greene stated Legal had reviewed and determined that because this was a trade -in of guns with a Law Enforcement retailer, all that was needed was the Resolution. She noted if the City were selling the guns, it would be different. RESOLUTION NO. 65 -2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF TWENTY (20) SIG SAUER P229 HANDGUNS FOR TWENTY (20) NEW SIG SAUER P220 HANDGUNS OF GREATER VALUE FROM THE SOUTH BEND POLICE DEPARTMENT TO VANCE' S LAW ENFORCEMENT WHEREAS, the care, custody and control of City -owned property is vested in its Board of Public Works ( "Board ") pursuant to Ind. Code § 36- 9 -6 -3, WHEREAS, in accordance with Ind. Code § 36- 1 -11 -9, the Board may trade or exchange property of a similar nature as part of the purchase of new property; and WHEREAS, in accordance with Ind. Code § 5- 22 -22 -3, the Board may also dispose of property that is deemed to be no longer needed or is unfit for the purpose for which is was intended; and WHEREAS, the City of South Police Department owns the following handguns which are not effective for rapid tactical entry into high risk situations and are no longer suitable for use by the South Bend Police Department's Swat Team: TWENTY (20) SIG SAUER P229 HANDGUNS WITH THREE MAGAZINES EACH (SERIAL NOS. ATTACHED) and WHEREAS, the City of South Bend Police Department is in need of these weapons for accuracy and weapon control in forced entry situations, the trade by the South Bend Police Department with Vance's Law Enforcement of the above handguns for the following handguns that are similar in nature and of higher value is desired: TWENTY (20) SIG SAUER P220 HANDGUNS WITH THREE EIGHT -ROUND MAGAZINES EACH AND SIXTY (60) SIG P220 10 -ROUND MAGAZINES NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the South Bend Police Department of the twenty (20) handguns as indicated above. ADOPTED this 11th day of October, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS REGULAR MEETING s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk OCTOBER 11, 2010 305 FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST EAST /WEST ALLEY SOUTH OF LASALLE AVENUE FROM SYCAMORE STREET WEST TOWARD THE ST. JOSEPH RIVER Mr. Gilot indicated that Mr. Bob Palm, on behalf of East Bank South Bend Development, LLC, has submitted a request to vacate the above referenced street. Mr. Gilot stated the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, and Community and Economic Development. Engineering stated the vacation will reduce access to a public facility and recommended denial. Community & Economic Development stated they recommend approval with the understanding that Engineering's stated issues will be resolved. Area Plan stated that it is their understanding that this alley will be vacated so the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. The vacation will eliminate one of the pedestrian access points to the river walk. This access point and area to the east extending to the parking lot access will be brought up to grade to match the first floor elevation of the building to the north. This area will be utilized as open space for the townhome development. The vacation may make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner spoke with the owners of the River Place office complex of their intentions to vacate this alley and they do support the vacation. If the northern half of the vacated alley is transferred to the developer of the East Bank Townhomes, an access or ingress /egress easement will be required in order for the River Place office to maintain their rights to utilize this access. Pedestrian access to the river walk would not be negatively affected with the elimination of the mid -block access to the river walk. Access to the river walk will continue to be maintained at both LaSalle Avenue to the north and Colfax Avenue to the south. This is a dead end alley with the River Place office complex using the alley as a secondary access. The owners have agreed to the closure subject to an access easement to Sycamore Street. Mr. Dave Relos, Community and Economic Development, and Mr. Dave Matthews, Developer, were present. Mr. Relos informed the Board that the vacation of the alley would not cut access to the river walk. Access can still be obtained from Colfax Avenue and LaSalle Street. The business affected by the vacation, Tuesley Law Firm, supports the vacation due to nuisance and vagrant use. Mr. Littrell noted the Park Department maintains the river walk and needs access. He stated he is also concerned about Fire Department access for river rescue. In addition to public access for use of the walkway, eventually, access will be needed to the structure overhanging the river for maintenance, repair and refurbishing. Engineering is also concerned with the developer's plans precluding leaving a maintenance and access easement open and the Fire Department losing access to different exposures of two existing buildings and the new condominiums. Mr. Gilot noted that both the Fire and Park Departments have responded favorably to the vacation request. Mr. Gilot questioned if there could be an access point, possibly an access easement along the property. He noted vacations are usually done subject to a utility easement, this one could have a minor construction easement. Mr. Gilot explained that having to access from two ends could drive up construction costs. If there is a need to get heavy equipment onto the river walk, access is going to be needed. Attorney Greene advised the Board ask for a permanent construction easement. Mr. Gilot added they would need a cross access agreement for Tuesley's. Therefore, Mr. Littrell made a motion that the Clerk send a letter to the petitioner approving the vacation with the provision of a permanent easement for construction access and maintenance, and utilities, and subject to a Cross Access Agreement. Mr. Gilot seconded the motion, which carried. APPROVAL OF AGREEMENTS /CONTRACTS/PROPOSALS /ADDENDA The following Agreements /Contracts/Proposals /Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Agreement Ivy Tech MS4 Agreement — Ivy N/A Gilot/Littrell Community Tech & the City of South REGULAR MEETING OCTOBER 11, 2010 306 APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Applicant College Bend as Co- Applicants to Location Motion IDEM for MS4 Carried Sub —Grant Apprentice Department of Labor Job $275,000.00 Gilot /Littrell Agreement Academy Training Grant (DOL Grant) Addendum Redevelopment Jefferson/Main Property N/A Gilot/Littrell to Master Commission Improvement — Project No. Bartlett Street from Littrell / Gilot Agency Restriction — 110 -072 Riverside Drive to Agreement Cabin Days — 2010; 7:00 a.m. Michigan Street Settlement Gateway Demolition of the Manor $53,500.00 Gilot/Littrell Agreement Environmental Building (118 South (SBCDA TIF) & Release Services, Inc. William Street) — Project Transpo Street Closure — No. 109 -088 Lafayette from Indiana to Littrell / Gilot Lease Kansas State Copier Oce Model $10,992.80; Littrell / Gilot Agreement Bank/Oce Office VL4522C for Mayor's $7,500.00 Equipment Office Maintenance Building (Mayor's Department Operating Budget) APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Matthew Fisher Street Closure — October 30, Yukon Street from Littrell / Gilot Halloween 2010; 2:00 p.m. Portage Avenue to Block Party to 8:00 p.m. Woodward Avenue The Center for Traffic October 12 Bartlett Street from Littrell / Gilot History Restriction — through 15, Riverside Drive to Cabin Days — 2010; 7:00 a.m. Michigan Street No Parking to 2:30 p.m. Except for School Buses Transpo Street Closure — October 14, Lafayette from Indiana to Littrell / Gilot Dedication 2010; 8:00 a.m. Stull; Broadway from Ceremony for to 1:00 p.m. Main to Lafayette New Transpo Building FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST NORTH /SOUTH ALLEY EAST OF OLIVE FROM LONGLEY SOUTH TO THE FIRST EAST /WEST ALLEY Mr. Gilot indicated that Mr. Al Carothers, 2324 Longley Avenue, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley for the purposes of controlling traffic and security. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community & Economic Development and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. They noted that this alley is currently utilized for picking up both garbage and recycling from the petitioner's property. If vacated, the petitioner will need to place all waste receptacles in the east -west alley to the south. This alley will continue to have through access to both Olive Street and Huey Street. Northern Indiana Public Services Company stated there is a two -inch plastic gas main in this alley that they will need to have access to for maintenance and operation purposes. A structure cannot be placed on the alley with the active gas main present. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petioner recommending approval subject to a utility easement. Mr. Littrell seconded the motion which carried. 1 REGULAR MEETING OCTOBER 11, 2010 307 FAVORABLE RECOMMENDATION - 'PETITION TO VACATE THE FIRST EAST /WEST ALLEY SOUTH OF HURON STREET FROM HARRIS STREET EAST TO THE FIRST NORTH /SOUTH ALLEY Mr. Gilot indicated that Mr. Robert Baranowski, 516 Harris Street, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley for the purposes of controlling traffic and security. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Community & Economic Development and Engineering. Area Plan recommended against the vacation. They stated that the alley to be vacated does not provide any immediate access to any adjacent structures; however, said alley does provide access from the adjacent north/south alley. Area Plan stated the vacation would hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous; the adjacent north/south alley dead ends into the railroad tracks. Vehicles, especially garbage trucks, use this alley to gain access to Harris Street to go north. Northern Indiana Public Services Company stated there is a two -inch plastic gas main in this alley that they will need to have access to for maintenance and operation purposes. A structure cannot be placed on the alley with the active gas main present. Mr. Littrell stated the north/south alley is overgrown and not used. He noted trash trucks do not use the alley. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner approving the vacation subject to moving trash collection outside the alley, at the curbside, and subject to a utility easement. Mr. Littrell seconded the motion which carried. Mr. Gilot requested the Clerk copy Solid Waste on the letter. TABLE RECOMMENDATION - PETITION TO VACATE THE SOUTH HALF OF PINE STREET FROM WESTERN TO THE FIRST EAST /WEST ALLEY BETWEEN LAUREL STREET & CHAPIN STREET Mr. Gilot indicated that Mr. Bume Miller of The Troyer Group, on behalf of the Salvation Army Kroc Center, has submitted a request to vacate the above referenced street for the purpose of the construction of an additional parking lot for the Kroc Center. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Solid Waste, and Community & Economic Development. Negative recommendations were received from the Fire Department and Engineering. The Fire Department stated that Pine Street is a very unkempt, narrow street with a family living at the end of the area being requested for vacation. The nearest fire hydrant to this residence is across the street from Western Avenue and half a block south. The next closest hydrant after that is the west corner of Martin Luther King Drive and Western Avenue. Ladder trucks can go down the 300 block of Pine Street from Western Avenue but not from Napier Street from the north. Due to the presence of the residence at 315 Pine Street, along with two other structures on the street, the Fire Department denies the request. Engineering's recommendation requires that Pine Street remain open and become incorporated into the proposed parking lot, or that the east /west alley be improved to serve as an outlet for Pine Street and the parking lot. Mr. Littrell stated the Kroc Center is evaluating the alternatives and may choose not to proceed with the vacation request. Therefore, Mr. Littrell made a motion to table the request. Mr. Gilot seconded the motion, which carried. APPROVAL OF RECOMMENDATION FOR A PERMIT FOR TEMPORARY OCCUPANCY OF PUBLIC PROPERTY — UNDEVELOPED PORTION OF VIRIDIAN DRIVE ADJACENT TO MCCORMICK AND COMPANY PROPERTY Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering for the above referenced permit, as applied for by Gray Construction, 10 Quality Street, Lexington Kentucky 40507. This permit is for the temporary construction entrance and tagging area for a construction office trailer and will be in affect for eight (8) months from the time of approval. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign REGULAR MEETING LOCATIONS: REMARKS: 2424 Lawton Street 322 East Bowman Street All criteria has been met OCTOBER 11, 2010 308 NEW INSTALLATION: No Parking — Notre Dame Home Games LOCATION Install No Parking for Notre Dame Home Games on both Sides of Rosemary Lane from Peachtree Lane to Dorwood Drive REMARKS: All Criteria has been met APPROVE AMENDMENT TO WASTEWATER DISCHARGE PERMIT Ms. Kim Thompson, Division of Environmental Services, submitted a request to amend the following Wastewater Discharge Permit to include the company's new ownership: Company: Nimet Industries, A Division of Pioneer Metal Finishing, LLC Location: 2424 North Foundation Drive There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the amended permit was approved. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Certificates of Insurance for the following businesses were accepted for filing: John A. Troyer /Troyer Construction, Mishawaka, IN Nuworth Construction & Improvement Co., Goshen, IN RATIFY APPROVAL AND /OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as follows: Business Bond Type Approved/ Released Effective Date Adam Lesley Excavation Release September 14, 2010 John Moore d/b /a Michiana Bobcat Contractor Approved October 4, 2010 Oakbrook Homes, Inc. d/b /a Willie's Contractor Release November 30, Construction Co., Inc. 2010 Mr. Gilot made a motion that the bond's approval and/or release as outlined above be ratified. Mr. Littrell seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that a request to pay the following claims in the amount indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $689,431.59 10/11/2010 Therefore, Mr. Gilot made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Littrell seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked the Board if he would be denied access to the pre - construction meeting for the Studebaker Area A Demolition project. Attorney Cheryl Greene informed Mr. Miller the meeting is not a "public meeting ". Mr. Miller stated he was informed otherwise from the Public Access Officer. Attorney Greene stated she has not received any communication from the Public Access Counselor, and that if there was information of which she was unaware, she would take the matter under advisement and contact Mr. Miller. Attorney Greene explained the Open Door Law requires only that a meeting be open to the public when 1 1 REGULAR MEETING OCTOBER 11, 2010 309 the majority of a public body is in attendance for the purpose of taking "official action" as defined by the statute. Ms. Greene noted that the pre - construction meeting in question did not include a majority of any public body. She further stated that no official action would be taken at this meeting. Mr. Gilot added the Board has taken all of the public actions required to date including bidding in accordance with the public bidding laws, and a pre -bid meeting that was open to the public. He noted Mr. Miller could have attended that meeting. Ms. Greene confirmed that all public action has been taken on this project, and that the pre - construction meeting was not going to be a meeting of the Board or any other public agency. She explained that if the entire Board were in attendance at the meeting for the purpose of making decisions or receiving information, then the meeting would be open to the public. Mr. Gilot stated the City is fully intending to comply with the Open Door law. Ms. Greene stated she would be happy to speak with Mr. Miller after the meeting and provide him with a copy of the Open Door law. She requested that the information Mr. Miller received from the Public Access office be sent to her for review. Mr. Miller requested a written notice from Legal advising whether he would be denied access to the pre - construction meeting. Mr. Gilot asked Mr. Miller if there were particular questions he would like asked at the meeting and suggested that they could convey the answers to him. Mr. Miller stated he had no particular questions. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the meeting adjourned at 10:45 a.m. BOARD OF PUBLIC WORKS Bin A ,b �L� Gary A. Gilot, President Dohald E. Inks, Member �A Carl P. Littrell, Member ATTEST: inda M. Martin, Cle