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Home My WebLink About01/08/13 Board of Public Works MinutesREGULAR MEETING JANUARY 8.2013 The Regular Meeting of the Board of Public Works convened at 9:34 a.m. on Tuesday, January 8, 2013, with Board President Gary A. Gilot and Board Members Donald E. Inks, Michael Mecham and Mark Neal present. Board Member Kathryn Roos was absent. Also present was Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the Minutes of the Regular Meeting of December 20, 2012 and the Claims Review Meeting of December 28, 2012 were approved. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda by Mr. Neal of a Professional Services Agreement for Mr. Gilot's services for 2013, and the change to the agenda of item 3B. to a Resolution from an Adoption of a Plan. TABLE FIRED PEENING O COAP OTAALTIONS -. FIRE DEPARTMENT ESCAPE KIT .,SUPPLIES (EPARTMEMr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced equipment. Ms. Greene requested this item be tabled. Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the opening of the above Quotations was tabled. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Funding Motion/ Second Lease RICOH Replace and Upgrade Copier $1,379.76 per Inks/Mecham Purchase USA, Inc. at Central Services Office — Year (Central Agreement Network Printer/Scanner/Fax Services 2013 Capital Lease Fund) Professional Gary A. Part-time Professional $70.00/hr.; Inks/Mecham Services Gilot Consulting Services for 2013 Up to 500 Subject to Agreement Hours Legal; Extension Mr. Gilot Recused Himself ADOPT RESOLUTION NO. 2-2013 — ADOPTING THE CITY OF SOUTH BEND'S TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT Ms. Aladean De Rose, Acting City Attorney, informed the Board that she was requesting the above plan be adopted by the City to address the duty of all government entities to provide a public right of way accessible by all pedestrians, disabled and not. She noted the Common Council published notice of the City's intent to adopt the Plan and requested public input for thirty (30) days after which the Plan will be formally adopted on January 28, 2013. She added there has been no public comment to date. Ms. DeRose stated this is basically a blueprint of the right-of-ways to give guidelines for full accessibility for handicapped individuals and all others. The Plan looks at sidewalks, cross walks, buildings, etc. to determine if they meet the Department of Justice's guide lines. Ms. DeRose stated the City has had an informal plan for many years, and all buildings were built in compliance with that plan. The City joined with the County to create a commission for the Americans with Disabilities Act. She noted the commission heard grievances and complaints and worked with the Board of Works to address problematic issues. Ms. DeRose noted the determination of priorities is based on the Department of Justice's standards, and the highest priority cases are dealt with first. Ms. DeRose stated there is a summary of a preliminary study of all the streets and sidewalks for compliance included in the Plan. She noted the City is not 100% compliant because some are so old; the City has some catching up to do. She added that the areas addressed are public complaint driven; the process has to be simple and consumer driven. Ms. DeRose stated this Plan serves as a guideline and gives notice to the City that we are going forward with the plan. Mr. Inks noted this is not a comprehensive plan that can address every problem; there is not enough in the budget to address 2 REGULAR MEETING JANUARY 8, 2013 all problem areas in the City. Ms. DeRose concurred and stated this is a guideline to go forward. As we request funds for a public project, the issues are addressed. She noted that standards are constantly changing so it's never a complete plan. Ms. DeRose stated the Plan shows that we have had a very aggressive plan for driveways and sidewalks, but two other issues are not addressed; whether the City's programs and buildings are handicap accessible. Mr. Gilot stated the City does tamps every time they do a construction project, but not in the case of maintenance projects, due to budgets. Ms. Greene questioned if there will be changes to sidewalk cafe regulations that the Board should be aware of. Ms. DeRose stated the Common Council adopted the current standards. Ms. Greene noted it was her understanding that they are moving to a greater depth. Ms. DeRose stated upon approval and adoption by the Department of Justice, the City adopts new standards. Mr. Carl Littrell, Engineering, stated that over the years the standards of curb ramps have changed; the City has some work to do to catch up. He added that the overriding issue is what you do about streets that have a 2" higher grade. Mr. Gilot noted the City has invested between $7,000,000.00 and $8,000,000.00 in sidewalks and ramps with their Curb and Walk Program. Upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.2-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA ADOPTING THE CITY OF SOUTH BEND'S TRANSITION PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, in 1990 Congress enacted the Americans with Disabilities Act (ADA) which, among other things, requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services; and WHEREAS, the City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program in the downtown South Bend area where government service facilities are concentrated by replacing sidewalks in neighborhoods through a public/private improvement plan in conformity with ADA Guidelines for Pedestrian Facilities in the Public Right of Way formally adopted by the South Bend Common Council December 12, 2011 under Resolution 44131-11; and WHEREAS, the care, custody and control of City -owned property and the supervision of streets, public ways and sidewalks is vested in its Board of Public Works ("Board") pursuant to I.C. 36-9-6, et seq.; and WHEREAS, as part of its ADA compliance process, the City of South Bend has formulated a Transition Plan which is attached hereto and incorporated herein as Exhibit "A" that provides the City's future plan for addressing accessibility barriers to pedestrian facilities in the public right of way within the South Bend corporate limits ("ADA Transition Plan"); and WHEREAS, the Board has determined that the ADA Transition Plan is in the best interests of the City and its residents, and complies with the purposes and provisions of the Americans With Disabilities Act and all other applicable federal, state and local laws; and WHEREAS, the Board desires to adopt the attached ADA Transition Plan for use within the City of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend, Indiana as follows: Section 1. The ADA Transition Plan that is attached to this Resolution as Exhibit "A" is hereby approved and adopted in its entirety for use within the City of South Bend. Section 2. The Board hereby authorizes the Department of Public Works to implement and administer the ADA Transition Plan consistent with the requirements of the Americans With Disabilities Act. 3 REGULAR MEETING JANUARY 8 2013 Section 3. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works held on January 8th, 2013 at 227 West Jefferson, Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot s/ Donald E. Inks s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk FAVORABLE RECOMMENDATION - PETITION TO VACATE A PORTION OF LOTS 16 THROUGH 20 AT THE CORNER OF KEMBLE STREET AND INDIANA AVENUE Mr. Gilot indicated that the Department of Community Investment Services, has submitted a request to vacate the above referenced property for redevelopment. Mr. Dave Relos, Community Investment Services informed the Board that when Indiana Avenue dead -ended at Kemble Street, the City bought a portion of the lots there to make Indiana Avenue curve to eliminate the dead-end. He noted a lot more property was purchased than was needed, so this vacates the right of way to allow businesses to use some of the property. 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 Investment, 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 persons 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. Therefore, Mr. Inks made a motion that the Clerk send a letter to the petitioner recommending approval of the request for vacation. Mr. Mecham seconded the motion which carried. APPROVAL OF PERMITS/LICENSES The following processions were presented for nnnrnval Applicant Description Date/Time Location Motion Carried Bernard Procession — January 20, 2013; Hill Street from Inks/Gilot Taylor "Walk the Talk" 2:00 p.m. to 2:10 Washington Street to Annual Event for p.m. LaSalle Avenue Knights of Columbus South Bend Procession— January 21, 2013; West Jefferson Inks/Gilot Heritage 27th Annual Martin 12:30 p.m. to Boulevard from the Foundation Luther King, Jr., 1:30 p.m. County -City March Building to the Century Center on St. Joseph Street APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY — 108 NORTH MAIN STREET Mr. Gilot advised that the Board is in receipt of an Encroachment Permit application from the Music Village, 108 North Main Street, South Bend, Indiana, for the placement of a "wipe board" sign in front of the JMS Building at 108 North Main Street. Favorable recommendations from the Building Commissioner and the Redevelopment Design Review committee were received. Engineering and the Police Department had concerns about the sign being a pedestrian traffic hazard. The Police Department noted that based on the photo provided the sign would block half of the current walkway for pedestrians. Engineering stated there must be five foot (5') minimum for disability access on the sidewalk. Upon a motion made by Mr. Gilot, seconded by Mr. Mecham, and carried, the recommendation was approved subject to the sign's placement being 4 REGULAR MEETING JANUARY 8, 2013 either on Main Street or Washington Street and allowing five feet (5') of pedestrian right-of-way. The Board rejected the placement of the sign in the courtyard along the side of the building. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN 1615 AND 1619 MIAMI STREET Mr. Gilot indicated that Ms. Elizabeth VanCamp, 1619 Miami Street, South Bend, Indiana, has submitted a request to vacate the above referenced alley for the purposes of building a new building. 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 Investment, 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. Therefore, Mr. Inks made a motion that the Clerk send a letter to the petitioner recommending approval of the request for vacation. Mr. Mecham seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 450 S. Gladstone Street REMARKS: All criteria has been met APPROVE WASTEWATER DISCHARGE PERMITS In a Memorandum to the Board, Ms. Kim Thompson, Division of Environmental Services, submitted the following Wastewater Discharge Permits and recommended approval: A. Company: New Energy Corp. - Renewal 1. Location: 3201 West Calvert Street B. Company: Imagineering Enterprises, Inc. — Permit Modification 1. Location: 1302 West Sample Street There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the permits were approved as outlined above. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the Certificate of Insurance for the following business was accepted for filing: Temple Contractors (Teresa Temple DBA) RATIFY RELEASE OF EXCAVATION BOND Mr. Anthony Molnar, Division of Engineering, recommended that the following Excavation Bond he released as follows: Business Bond Type Approved/ Effective Date Released Paradise Island Development Excavation For Release January 30, 2012 Mr. Inks made a motion that the Bonds release as outlined above be ratified. Mr. Mecham seconded the motion, which carried. APPROVE CLAIMS Mr. Inks stated that a request to pay the following claims in the amounts 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. REGULAR MEETING JANUARY 8 2013 Name Amount of Claim Date City of South Bend $4,489,477,63 01/04/2 113 City of South Bend $2,578,646,46 01/08/2013 City of South Bend $1,592,958.01 12/28/2013 and 12/31/2013 Therefore, Mr. Neal made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Inks seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the meeting adjourned at 10:21 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot,A� President ' gonald Inks, ember Kathryn Roos, Member Michael Mecham, Member ark Neal, Member 4Ld M. Martin, Clerk CLAIMS REVIEW MEETING JANUARY 15 2013 6 A Claims Review Meeting of the Board of Public Works was convened at 8:33 a.m. on Tuesday, January 15, 2013, by Board President Gary A. Glot, with Board Members Donald Inks, Kathryn Roos, and Michael Mecham present. Board Member Mark Neat was absent. APPROVE CLAIMS Mr. Inks stated that a request to pay claims 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. Mr. Inks stated ..1.......;++o.a +�. +l, r� 1,narr� �nr S1TlYlrn'Vil.l� the following claims were SUU1111LLc,U W Lill V--- ..v..-rr-- . --- Amount of Claim Date Name City of South Bend $622,084.81 01/08/2013 and 01/10/2013 City of South Bend $1,527,906.37 01/15/2013 12/31/2012 12/28/2012 St. Joseph County Housing Consortium $200.86 St. Joseph County Housing Consortium $18,889.76 St. Joseph County Housing Consortium $10,390.81 12/28/2012 St. Jose h County Housing Consortium $13,430.92 12/13/2012 St. Joseph County Housing Consortium $12,364.94 12/13/2012 St. Joseph County Housing Consortium $74,202.23 12/20/2012 _rli__ . .. i]'Z,-on +I,- maim,- 1kp annrCve, Therefore, Mr. Inks made a motion that after review u,. UPC CAFIAJUILLLI�0. L— as submitted. Ms. Roos seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 8:35 a.m. BOARD OF PUBLIC WORKS Gary A. ilot, President - Donald E. °finks, Member Kathryn E. Roos, Member Michael C. Mecham, Member I% —C) ",mark W. Neal, Member ATTEST: / Linda M. Martin, Clerk i