HomeMy WebLinkAbout09242024 Board of Public Works MeetingAGENDA REVIEW SESSION SEPTEMBER 19, 2024 202
The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on
September 19, 2024, by Board President Elizabeth A. Maradik (absent), Vice President Joseph
Molnar (absent), and Board Members Gary Gilot, Murray Miller, Briana Micou, and Board
Attorney Michael Schmidt present. The Board of Public Works Clerk, Theresa Heffner,
presented the Board with a proposed agenda of items presented by the public and by City Staff.
AGENDA REVIEW SESSION ACTION ITEM
AWARD QUOTATION AND APPROVE CONTRACT – BOHEM PARK MILL AND
RESURFACE – (PR-00035865)
Rebecca Maenhout, VPA, advised the Board that on August 22, 2024, quotations were received
and opened for the above referenced project. After reviewing those quotations, Ms. Maenhout
recommended that the Board award the contract to the lowest responsive and responsible quoter,
Rieth-Riley Construction Co., Inc., in the amount of $27,543.20. Therefore, Mr. Miller made a
motion that the recommendation be accepted, and the quotation be awarded, and the contract
approved as outlined above. Ms. Micou seconded the motion, which carried by roll call.
Board members discussed the following item(s) from the agenda.
CHANGE ORDERS
Project Manager Patrick Sherman was present to discuss item 7. A.: Seitz Park Renovation. He
advised that it was a substantial change order with a big chunk of it was for the wall repair. Even
though the total percentage of change orders is now forty-three percent (43%) of the original
contract, the vast majority of it was unforeseen issues that had to be dealt with because of the
hydro plant or old infrastructure. Outside of the unforeseen conditions, the normal change orders
have been about twelve percent (12%). This should be the last additive change order for this
project as we expect to close it out in the near future.
Murray Miller asked if item 11. B.: Amendment No. 1 to Project Agreement to Perform Work on
Stephenson Mills Parking Lot was related to the Seitz Park Project. Mr. Sherman advised that it
did not, but he would talk about that item in a moment.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Project Manager Sherman was present to discuss item 11. C.: Amendment to Contract for
Additional Inspection Services to finish out Seitz Park. He advised that this amendment was to
finalize and close this out. Their previous amendment was only supposed to take them out until
July but this stretches us out until September so this should close us out for the remainder of the
project.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Project Manager Sherman was present to discuss item 11. B.: Amendment No. 1 to Project
Agreement to Perform Work on Stephenson Mills Parking Lot. He advised that that the city will
be redoing Gintz Drive and the parking lot at Stephenson Mills. The city worked hard with the
adjacent property owners, including Stephenson Mills to create a design that works for
everybody around this agreement. We believe this will be beneficial to the Cascades building
because it’s going to raise the road and make it easy to access their loading dock. We will also
raise the sidewalks at Stephenson Mills to create easier ADA access. This will fulfill our
contractual obligation to redo their parking lot.
Mr. Gilot asked about anu concerns down the road. Mr. Sherman advised that there is a three (3)
year maintenance bond just like any other city project.
Mr. Gilot noted that it is unusual for the city to pay other people’s legal costs. He asked if there
is enough language that occurs that carves out a rare exception for this. Board Attorney Michael
Schmidt advised that it was part of the negotiation related to the overall project. There was
extensive amounts of legal engagement from Stevenson's mills outside counsel throughout a long
duration and frankly it's probably a lot cheaper number than what they have in on this. It's been a
difficult process for the last number of years, but the work that Public Works Director Eric
Horvath and Project Manager Patrick Sherman and the engineering team put in to not only get it
done, but also to pull it together was impressive. There's also other parties and a variety of
different city boards that need to sign off on this as well as Notre Dame.
REGULAR MEETING SEPTEMBER 24, 2024 203
Mr. Miller asked if there was a particular day when the paving must be done or did the
specifications say it should be done by November 30, 2024. Mr. Sherman noted that it has been
all cleared up and the notice to proceed should be going out soon.
Mr. Gilot asked if there would still be time to do the wearing surface. Director Horvath stated
that they anticipate being done well before that. The plants probably close around November 15,
2024, the temperature constraint on wearing.
CHANGE ORDERS AND PROJECT COMPLETION AFFIDAVITS
Project Manager Sherman was present to discuss item 8. A.: Charles Black Parking Lot Seal and
Stripe. He advised that the city awarded the project to Alphajak LLC, but it became clear that
they were not able to do the work as required by the city and specifications. They met with them
multiple times and they finally agreed that we were going to close the project out and pay them
for the work they did via change order.
PROJECT COMPLETION AFFIDAVITS
Diversity Compliance/Inclusion Officer Cynthia Simmons inquired about the sub-contractors for
item 9. A.: City of South Bend Wayfinding Signage Program Phase III. She noted that she did
not see any evidence of the two (2) sub-contractors being paid. She added that she will reach out
to both sides to find out, until then the project should not be closed out. There was also no
change in utilization provided.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Director of Environmental Compliance Andrea Alexander was present to discuss item 11. D.:
Construction Access and Installation Agreement to construct A Methane Biofilter System at
Organic Resources. She advised that Parsons Environmental & Infrastructure Group would like
to build another methane biofilter at the Organic Resource closed biosolids landfill, quite similar
to the biofilter they've done at Fredrickson Park. They've had much success with that filter, so
they would like to continue to develop it. They want to continue to look at Midwest climates and
the landfill at Organic Resources does have more methane to it than what they're seeing out at
Fredrickson Park.
Mr. Gilot asked if the flair was used to predict or did the biofilter negate the flair. Director
Alexander stated that the flair is a flame and to her knowledge they have never used it at
Frederickson Park.
Director Alexander added that the subsurface and the biofilter use the vacuum to bring it to the
biofilter. Prior to the pilot, it all went into the atmosphere. Now, some of it goes through the
biofilter and it is broken down into CO2 and water, which CO2 still being greenhouse gas, but
it's less destructive. It is the same point of depression with the flare, but you’re not seeing the
methane. The object of this technology is to develop something that's a “set and forget” kind of
treatment so that's our goal. They are developing some remote monitors at Fredrickson Park so
they don't actually have to go there and test.
Mr. Gilot asked if they have anything to keep optimal moisture content. Director Alexander
noted that she can’t speak to that, but they use inorganic media to try to put nutrients or food in
there, so you don’t have to put a lot of work into it. She added that she is still waiting on
comments from IDEM, but the initial discussions she’s had with them they seem very excited
about it. Attorney Schmidt advised that it similar to the one at Frederickson Park.
Mr. Gilot stated that the reason they are doing it for free is because they want to market this
product and enable some pilots. At some point Legal should be involved in what sort of
testimonials the city can offer. Director Alexander noted that yes, technically for the license
protection, there’s indications on testimonials.
PROJECT COMPLETION AFFIDAVITS
Attorney Schmidt advised the Board about goals for item 9.B: WWTP Compressor Building
Masonry Improvements. He advised that they met the goals for the project and they actually
came close to doubling them. He stated this was a good outcome, and kudos to Slatile Roofing
on that project.
REGULAR MEETING SEPTEMBER 24, 2024 204
LICENSES AND PERMITS
Attorney Schmidt was present to discuss item 12. B.: Open Air Business – Wayne Street
Wieners. He noted that a gentleman would like to set up a hot dog stand during football
weekends downtown. There are no provisions that he could find in the ordinance as to the hours
when they should be off the streets. There is no legal prohibition. Maybe we can approve subject
to making sure that it’s going ok. If we hear about problems, we may restrict some of the hours
so we can be sure everyone is safe.
Mr. Gilot added that there are pan-zoom cameras on that street unless they have been removed.
Director Horvath advised that they were removed. Mr. Gilot stated that maybe we could have
SBPD observe the person for several days.
PRIVILEGE OF THE FLOOR
ADJOURNMENT
There being no further business to come before the Board, Mr. Gilot adjourned the meeting at
10:51 a.m.
BOARD OF PUBLIC WORKS
_________________________________
Gary A. Gilot, Member
_________________________________
Murray L. Miller, Member
_________________________________
Breana N. Micou, Member
ATTEST:
_________________________________
Theresa Heffner, Clerk
REGULAR MEETING SEPTEMBER 24, 2024
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday,
September 24, 2024, by Board President Elizabeth A. Maradik in the 13th Floor Conference
Room of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. The meeting
was also streamed live to the public via Microsoft Teams. Board Clerk Theresa Heffner
confirmed the presence of Board President Elizabeth A. Maradik, Vice President Joseph Molnar,
and Board Members Gary Gilot, Murray Miller, Briana Micou (arrived at 9:31 a.m.), and Board
Attorney Michael Schmidt, with a roll call. President Maradik reminded virtual attendees to mute
their microphones and turn off their cameras when not speaking, and to save their questions and
comments for the Privilege of the Floor.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the minutes
for the Agenda Review Session and Regular Meetings of the Board held on September 5, and
September 10, 2024, were approved. Breana Micou was not present to vote on this item.
PUBLIC HEARING - NEW MASSAGE ESTABLISHMENT LICENSE
President Maradik advised that this was the date set for the Board’s Public Hearing concerning
and license application for KR Rose Spa. It was noted favorable recommendations were
received from Community Investments, Fire and Police. There being no one else present
wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore,
upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the was
approved.
October 8, 2024
REGULAR MEETING SEPTEMBER 24, 2024 205
OPENING OF BIDS – 2024 TRAFFIC CALMING – PROJECT NO. 123-075 (PR-00035440)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following bids were opened and publicly read:
SELGE CONSTRUCTION CO., INC.
2833 South 11th Street
Niles, MI 49120
aswinehart@selgeconstruction.com; jbutler@selgeconstruction.com
Bid was signed by Mr. Justin Butler
Non-Collusion, Non-Discrimination Affidavit Form was incomplete
Five percent (5%) Bid Bond was submitted
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $310,720
Alternate #1 $45,000
Alternate #2 $25,290
RIETH-RILEY CONSTRUCTION CO., INC.
25200 State Road 23
South Bend, IN 46614
dsnodderly@rieth-riley.com
Bid was signed by Ruben Alvarado
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $316,432
Alternate #1 $74,400
Alternate #2 $22,097
MILESTONE CONTRACTORS, L.P.
24358 State Road 23
South Bend, IN 46614
akrueger@milestonelp.com; epillipow@milestonelp.com
Quotation was submitted by Mr. Dustin P. Hilary
Non-Collusion, Non-Discrimination Affidavit Form was complete
Five percent (5%) Bid Bond was submitted
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $320,968
Alternate #1 $43,200
Alternate #2 $33,544
PREMIUM CONCRETE SERVICES, INC.
712 Richmond St.
Elkhart, IN 46516
max@premiumservices.group
Quotation was submitted by Mr. Max Yeakey
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
REGULAR MEETING SEPTEMBER 24, 2024 206
BID:
Base Bid Total $281,670
Alternate #1 $94,800
Alternate #2 $22,960
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works for review and recommendation.
OPENING OF BIDS – SBFD CENTRAL FIRE STATION ROOFING REPLACEMENT–
PROJECT NO. 124-032A (PR-00035507)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following Bids were opened and publicly read:
MIDLAND ENGINEERING COMPANY, INC.
52369 State Road 933 North
South Bend, IN 46637
midland@midlandengineering.com
Bid was signed by Mr. Landon Conrad
Non-Collusion, Non-Discrimination Affidavit Form was not submitted.
Five percent (5%) Bid Bond was not submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
BID:
Base Bid Total $615,400
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works for review and recommendation.
OPENING AND AWARD OF QUOTATIONS AND APPROVE CONTRACTS – 2024
THERMOPLASTIC STRIPING – PROJECT NO. 124-025 (PR-00034249)
President Maradik 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:
TRAFFIC CONTROL SPECIALISTS, LLC DBA HIGH STAR TRAFFIC
1810 W. Pacific Ave.
Knox, IN 46534
estimating@highstartraffic.com
Quotation was submitted by Mr. Patrick Flaherty
Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION:
Base Quote $14,811.90
CE HUGHES MILLING INC. DBA THE AIR MARKING COMPANY
1544 N. State Road 25
Rochester, IN 46975
nick@airmarking.com
Quotation was submitted by Ms. Caroline Hughes
Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION:
Base Quote $12,390
President Maradik advised the board that the project has been deemed non goal eligible with
respect to MWBE subcontracting requirements following review from the Office of Diversity
REGULAR MEETING SEPTEMBER 24, 2024 207
and Inclusion, the Legal Department, and Engineering since it cannot be reasonably subdivided
and is below the $50,000 threshold.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
quotations were referred to Public Works for review and recommendation.
After review by Public Works, the Board voted to award the quotation. Upon a motion made by
VP Molnar, seconded by Mr. Miller and carried by roll call, the quote was awarded to Air
Marking Co. in the amount of $12,390.
AWARD QUOTATION AND APPROVE CONTRACT – RIVERSIDE & JOYCE DR.
SHOULER REPAIR – PROJECT NO. 124-059 (PR-00035803)
Scott Kreeger, Engineering, advised the Board that on September 10, 2024, quotations were
received and opened for the above referenced project. After reviewing those quotations, Mr.
Kreeger recommended that the Board award the contract to the lowest responsive and
responsible quoter, Acorn Landscaping, LLC., in the amount of $17,569. Therefore, VP Molnar
made a motion that the recommendation be accepted, and the quotation be awarded, and the
contract approved as outlined above. Mr. Miller seconded the motion, which carried by roll call.
APPROVE CHANGE ORDER NO. 10 – SEITZ PARK RENOVATION – PROJECT NO. 117-
093 (PO-0006342)
President Maradik advised that Patrick Sherman, Engineering, has submitted change order
number 10 on behalf of Ziolkowski Construction Inc., indicating the contract amount be
increased by $887,052.02 for a new contract sum, including this change order, in the amount of
$10,231,639.80. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll
call, the change order was approved.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT
– CHARLES BLACK PARKING LOT SEAL – PROJECT NO. 124-021 (PO-0030338)
President Maradik advised that Patrick Sherman, Engineering, has submitted change order
number 1 (final) on behalf of Alphajak, LLC., indicating the contract amount be decreased by
$16,035.36 for a new contract sum, including this change order, of $10,000. Also submitted was
the project completion affidavit indicating this new final cost of $10,000. Upon a motion made
by VP Molnar, seconded by Mr. Miller and carried by roll call, change order number 1 (final)
and the project completion affidavit were approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – CITY OF SB WAYFINDING SIGNAGE
PROGRAM, PHASE III – PROJECT NO. 123-013 (PO-00029007)
President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion
affidavit on behalf of Geograph Industries, Inc., for the above referenced project, indicating a
final cost of $187,234. Upon a motion to table made by VP Molnar, seconded by Mr. Miller and
carried by roll call, the project completion affidavit was tabled.
APPROVE PROJECT COMPLETION AFFIDAVIT – WWTP COMPRESSOR BUILDING
MASONRY IMPROVEMENTS – PROJECT NO. 121-046 (PO-0020775)
President Maradik advised that Jacob Klosinski, Engineering, has submitted the project
completion affidavit on behalf of Slatile Roofing and Sheet Metal Co., Inc., for the above
referenced project, indicating a final cost of $550,770. Upon a motion made by VP Molnar,
seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – MOMENTUM
TIF PROJECT – SITE WORK – PROJECT NO. 124-018 (PR-00036154)
In a memorandum to the Board, Zach Hurst, Engineering, requested permission to advertise for
the receipt of bids for the above referenced project. Therefore, upon a motion made by VP
Molnar, seconded by Mr. Miller and carried by roll call, the above request was approved.
REGULAR MEETING SEPTEMBER 24, 2024 208
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – PUBLIC
WORKS SERVICE CENTER ROOFING REPLACEMENT – PROJECT NO. 124-032B (PR-
00033345)
In a memorandum to the Board, Lidya Abreha, Engineering, requested permission to advertise
for the receipt of bids for the above referenced project. Therefore, upon a motion made by VP
Molnar, seconded by Mr. Miller and carried by roll call, the above request was approved.
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
Water Service
and Sewer
Lateral
Construction
Agreement
Heritage
Townhomes,
LLC
Agreement for the
developer of the Heritage
Townhomes on South
Bend Ave. to reimburse
the City for water service
and sewer laterals installed
for the development as
part of the ND-DTSB
Trail project.
$40,699.55
(estimate, paid
by the
developer to
the City)
Molnar / Miller
Amendment
No. 1 to
Project
Agreement
FREG South
Bend Holdings,
LLC
Amendment No. 1 to
Project Agreement to
Perform Work on
Stephenson Mills Parking
Lot and Cover Some of
their Legal Costs
Associated with the
Agreement
$2,500
(PR-0003614)
Molnar / Miller
Amendment
No. 4 to
Owner-
Engineer
Agreement
Lochmueller
Group, Inc.
Amendment No. 4 to
Contract for Additional
Inspection Services to
Finish out Seitz Park
$38,470
(PR-0007779)
Molnar / Miller
Construction
Access and
Installation
Agreement
Parsons
Environment &
Infrastructure
Group, Inc.
Construction of Methane
Biofilter System at
Organic Resources
No Cost to
City
Molnar / Miller
Amendment
No. 4 to
Professional
Services
Agreement
Donohue &
Associates
Additional Water Main
and Treatment Plant
Design Services for the
South Well Field Water
Treatment Plant
Improvements
$126,500
(PO-0000038)
Molnar / Miller
APPROVAL OF LICENSE AND PERMIT APPLICATIONS
The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion
Carried
LAZ Parking
Midwest, LLC
Public Parking
Facility License
Renewal
119 W. Wayne St. Molnar /
Miller *
Wayne Street
Wiener
Open-Air Business Thursday-
Saturday/11:00
p.m. to 3:00
a.m.
236 S. Michigan St. Molnar /
Miller **
*Contingent on licensee placing rates signage and contact information at both entrances
**Subject to all ADA ramps and hydrants not being impeded at intersection and subject to
review and revocation if there are any issues related to the business operating given the late
hours
REGULAR MEETING SEPTEMBER 24, 2024 209
APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – ACCESS IMPRINTED
President Maradik stated an application for an encroachment and revocable permit has been
received from Access Imprinted for the purpose of allowing the installation of blade mounted
illuminated cabinet sign to be placed in the right-of-way at 714 E. LaSalle Ave. The
encroachment shall remain in the right of way until the time as the Board of Public Works of the
City of South Bend shall determine that such encroachment is in any way impairing or
interfering with the highway or with the free and same flow of traffic.
Mr. Gilot asked if the sign is flush mounted or cantilevered. He also wanted to be sure that the
City is not setting a precedent that anyone can advertise anything in the public right of way. VP
Molnar advised that it is cantilevered. President Maradik noted that it is a business sign for the
business.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the
encroachment and revocable permit was approved.
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY
BETWEEN 512 S. WALNUT ST. AND 514 S. WALNUT ST.
President Maradik indicated that Mr. Edwardo Rodriguez has submitted a request to vacate the
above referenced alley. President Maradik advised the Board is in receipt of favorable
recommendations concerning this vacation petition from the Public Works Department, Fire
Department, Police Department, and Community Investment who all state the request does meet
the criteria of I.C. 36-7-3-13. Therefore, VP Molnar made a motion to send a favorable
recommendation to the Common Council. Mr. Miller seconded the motion which carried by roll
call.
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the
following traffic control device request was approved:
NEW INSTALLATION: Two (2) Honorary Street Sign
LOCATION: Intersections of Portage Ave. & Angela Blvd. and Portage
Ave. & Elwood Ave.
Honorable Ray Snyder Blvd.
REMARKS: All Criteria Met
County Commissioner Derek Dieter spoke briefly about Ray Snyder and the impact he made in
the community.
RATIFY APPROVAL AND/OR RELEASE CONTRACTOR, EXCAVATION, AND
OCCUPANCY BONDS
The Division of Engineering Permit Department recommended that the following bonds be
ratified pursuant to Resolution 100-2000 and/or released as follows:
Business Bond Type Approved/
Released Effective Date
Willie J. Clark dba Clark
Construction and Concrete
Contractor Approved July 25, 2024
Stan & Ted’s Lawnmower sales,
services, and more
Contractor Approved September 16,
2024
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified.
Mr. Miller seconded the motion, which carried by roll call.
RATIFY PREAPPROVED CLAIMS PAYMENTS
VP Molnar stated the Board received notices of the following preapproved claim payments from
the City’s Department of Administration and Finance:
Name Date Amount of Claim
City of South Bend Claims GBLN-0087409,
GBLN-0088158; GBLN-0088171
August 30, 2024 $3,026,537.23
City of South Bend Claims GBLN-0087588,
GBLN-0088170
September 4, 2024 $2,354,337.81
REGULAR MEETING SEPTEMBER 24, 2024 210
Name Date Amount of Claim
City of South Bend Claims GBLN-0088316 September 10, 2024 $3,521,009.16
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. Therefore, upon a motion by VP Molnar, seconded by Mr. Miller, and carried by roll
call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
Resident Jerry Shearer, property owner of 833 E. Dubail, posed a concern in the chat that he
has not yet received a response to his last e-mail regarding the utility pole located on private
property at 833 E. Dubail. He has a joint driveway agreement with 833. He asked if any of the
city engineers were able to determine 1) whether a legal agreement of any type exists which
provides for access to the pole on foot and/or by vehicle and 2) if the utility pole has ever been
replaced?
President Maradik advised that it is an AEP pole, so any questions about legal access and any
agreements that are in place or their plans for replacement would need to be addressed by AEP
because the city does not own that pole and wouldn't be involved in any of that process.
Mr. Shearer asked if any engineers have talked to AEP regarding the pole. He added that he was
told that the city would allow for clearing by AEP.
President Maradik noted that she was unaware if they've specifically talked to them about the
pole relative to his concern, since it would be agreements that are not relative to the city. That
would be something property owners would need to discuss with AEP since the city is not a
party. She also stated that they could continue the conversation offline, but as she stated before
the city would allow for clearing by AEP in the alley right-of-way behind the properties, but it
would not be related to the pole itself.
Mr. Shearer asked if an email could be sent to him describing this.
Board Member Joseph Molnar introduced Allison Doctor to the Board as a new Project
Manager in charge of Environmental concerns in Brownfields.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:02 a.m.
BOARD OF PUBLIC WORKS
_________________________________
Elizabeth A. Maradik, President
_________________________________
Joseph R. Molnar, Vice President
_________________________________
Gary A. Gilot, Member
_________________________________
Murray L. Miller, Member
_________________________________
Breana N. Micou, Member
ATTEST:
_________________________________
Theresa Heffner, Clerk October 8, 2024