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HomeMy WebLinkAbout04-02-71 Council Special Meeting Minutes" a SPECIAL MEETING APRIL 2, 1971 SPECIAL MEETING APRIL 2, 1971 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Friday, April 2, 1971 at 9:00 a. m., with eight members present, one absent, (Councilman Zielinski). The meeting was called to order by Council Presi- dent Robert 0. Laven. He directed the City Clerk to read the Notice of Special meeting of the Common Council, that was received by each Councilman. TO THE MEMBERS OF THE COMMON COUNCIL: NOTICE OF SPECIAL MEETING OF THE COMMON COUNCIL You are hereby notified that there will be a "Special Meeting" of the Common Council of the City of South Bend, Indiana on the 2nd day of April, 1971, at 9 :00 a. m., local time, in the Council Chambers, County -City Building, for the purpose of: A SPECIAL MEETING ON: A HEARING ON RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OFFERED FOR SEWAGE WORK IN CONNECTION WITH WPC - 280 -IND., SOUTH BEND, INDIANA. The Chief of Police or any member of the Police Force is directed to serve a copy of this notice to each member of the Common Council and make due return hereon. Dated: March 25, 1971 /s/ Robert 0. Laven, Pres„ Common Council /s/ Kathryn L. Blough, City Clerk of the City of South Bend The within call came to hand this 25th day of March, 1971, which I served by reading the same to each Councilman upon the date designated, as follows: /s/ Janet S. Allen /s/ Fredrick D. Craven Ls/ Gerald Reinke Albert E. Palmer /s/ William W. Grounds Walter M. Szymkowiak /s/ John V. Wise Raymond C. Zielinski or by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: Walter M. Szymkowiak Albert E. Palmer Raymond C. Zielinski ROLL CALL /s/ Officer D. Severens #96 Member of the South Bend Police Department PRESENT: Councilmen Laven, Allen, Craven, Grounds, Wise, Palmer Reinke and Szymkowiak ABSENT: Councilman Zielinski A public hearing was held at this time on the following resolution: RESOLUTION NO. 270 -71 A RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT OFFER BY THE ENVIRONMENTAL PROTECTION AGENCY, DESIGNATING THE SIGNATORY BY NAME AND TITLE AND PROVIDING ASSURANCES REQUIRED AS A CONSIDERATION IN THE GRANT OFFER WHEREAS, the City of South Bend is considering the construction of certain sewage works improvements, and WHEREAS, pursuant to an Act of Congress commonly referred to as Public Law 660, Federal funds are available in the form of an outright grant for certain stream pollution abatement projects, and WHEREAS, the Federal Environmental Protection Agency has sent a grant offer in the amount of $3,060,250.00 to the City of South Bend for the purpose of sewage works improvements: and WHEREAS, the said Agency requires that said grant offer be either accepted or rejected by the duly authorized representative of the City of South Bend on or before the 12th day of April, 1971; and WHEREAS, the said Agency also requires certain assurances be made by the South Bend Common Council as a condition to the grant offer, R a39 SPECIAL MEETING APRIL 2, 1971 RESOLUTION NO. 270 -71 (Continued) NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. That Lloyd M. Allen, Mayor of the City of South Bend, is hereby authorized by the Common Council of the City of South Bend, to accept the grant offer of the Environmental Pro- tection agency for sewage works improvements; 2. That Lloyd M. Allen, Mayor of the City of South Bend, Indiana, be and he hereby is authorized to sign such documents as may be necessary, including the offer and acceptance form, as the representative of the Common Council and the City of South Bend in all matters pertaining to the sewage works improvements; 3. That, actual construction work will be performed by the lump (fixed price) or unit price contract method; that adequate methods of obtaining competitive bidding will be employed prior to awarding the construction contract; and that the award of the contract will be made to the responsible bidder submitting the lowest acceptable bid. 4 That the project will not be advertised or placed on the market for bidding until the final plans and specifications have been approved by the Commissioner of the Water Quality Office and the appropriate State agency, and the City of South Bend has been so notified; and 5. That the ,construction contract will require the contractor to furnish performance and payment bonds, the amount of which shall each be in an amount not less than fifty percentum (50 %) of the contract price, and to maintain during the life of the contract adequate fire, and extended coverage, workmen's compensation, public liability and property damage insurance; 6. That any change or changes in the contract which make any major alteration in the work required by the plans and specifications, or which raise the cost of the project above the latest estimate, approved by the Commissioner of the Water Quality Office, will be submit- ted to the Commissioner for prior approval. 7. That the construction of the project, including the letting of contracts in connection therewith, shall confirm to the applicable requirements of State and local laws and ordinances; 8. That the construction contract will provide that the representatives of the Water Quality Office and the State will have access to the work wherever it is in preparation or progress and that the contractor will provide proper facilities for such access and inspection; 9. That the City of South Bend will provide and maintain competent and adequate engineering supervision and inspection at the project to insure that the construction conforms with the approved plans and specifications; 10. That adequate accounting and fiscal records will be maintained which fully disclose the amount, receipt, and disposition of the grant assistance provided, the total cost of the project in connection with which the grant has been offered, the amount and identifica- tion of that portion of the cost of the project supplied from other sources, and such other records as the Commissioner may prescribe to facilitate an effective audit; 11. That all funds granted pursuant to the Federal Water Pollution Control Act shall be expended solely for carrying out the approved project; 12. That the Commissioner and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examina- tion to any books, documents, papers and records of the grantee that are pertinent to grants received under the Act, and the grantee shall submit to the Commissioner of the Water Quality Offices or the Comptroller General of the United States such documents and information as they may require in connection with the project; 13. That the construction contract will require the contractor to comply with the regulations of the Secretary of .Labor made pursuant to the Davis -Bacon Act of March 3, 1931, as amended (40USC276a through 276a -5), The Anti - Kickback Act of June 13, 1934 (40USC 276c), and the Contract Work Hours Standards Act of August 13, 1962 (40USC327 -330), and any amendments or modifications thereto, to cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and to be responsible for the submission of statements required of subcontractors thereunder, except as the Secretary of Labor may specifically provide for reasonable limitation, variations, tolerances, and exemp- tions from the requirements thereof; 14. That the City of South Bend will demonstrate to the satisfaction of the Commis- sioner its ability to pay the remaining cost of the project; 15. That the City of South Bend will demonstrate to the satisfaction of the Commis- sioner that it has or will have a fee simple or such other estate or interest in the site of the project, including necessary easements and rights -of -way, as the Commissioner finds sufficient to assure undisturbed use and possession for the purposes of construction and opera- tion for the estimated life of the project; SPECIAL MEETING APRIL 2, 1971 RESOLUTION NO. 270 -71 (Continued) 16. That the declarations, assurances, representations and statements made by the City of South Bend in the application, and all documents, amendments and communications filed with the Water Quality Office by the City of South Bend in support of its request for a grant, will be fulfilled; 17. That the City of South Bend will permit the Water Quality Office or its authorized agents to have access to the project and the records pertaining to its operation at any reasonable time following completion of construction for the purpose of inspecting the operation and maintenance of the project; 18. That the City of South Bend agrees to construct the project or cause it to be constructed to final completion in accordance with the application and plans and specifications approved by the Commissioner; 19. That the City of South Bend agrees to provide a sign for identification of this project in accordance with specifications to be furnished by the Water Quality Office; 20. That the facility will be maintained and operated in accordance with such require- ments as the Commissioner may publish from time to time concerning methods, techniques, and practices for economic, efficient, and effective operation and maintenance of treatment works; 21. That the City of South Bend hereby assures the Water Quality Office that it will comply with, regulations relating to basin plans, regional or metropolitan plans, industrial waste treatment, and design of waste treatment plants in accordance with paragraphs 601.32, 601.33, 601.34, and 601.36 as published in the Federal Register on July 2, 1970; 22. That the City of South Bend will implement a study leading to recommendations for correction of the problem of high infiltration rate in the low area in the western part of the city; 23. That the project will be ready for construction within 90 days of acceptance of the grant offer; 24. That the City of South Bend will authorize its consulting engineer to prepare an operation manual describing the functions and controls for each process in the specific plant, plus physical and laboratory controls, maintenance and personnel requirements necessary to operate the facility at maximum effectiveness; 25. That the City of South Bend agrees to abide by the recommendations of the operatio manual as approved by the State and the Water Quality Office; 26. That the City of South Bend will authorize its consulting engineer to provide on -the -job training to instruct plant employees in the operation of equipment, coordination of the laboratory with plant controls, and other functions for which plant personnel will be respon- sible. This training will include the initial "start -up" phase; 27. That the City of South Bend shall within 30 days of acceptance of the grant offer, prepare and submit a statement based on an evaluation of the impact of this specific project on the environment in accordance with P. L. 91 -190; 28. That the existing treatment plant will continue in operation and provide treatment at least equal to existing treatment until such time as the new treatment facilities are placed in operation; 29. That action will be taken to correct existing infiltration_ including the enactment of an enforceable sewer use ordinance to eliminate existing and prohibiting future clear water connections to separate sanitary sewers, and that prior to discharge to public sewers all industrial wastes be pretreated to a level of strength and toxicity amenable to treatment with domestic waste or otherwise be excluded from the sewerage system. /s/ Robert 0. Laven Member of the Common Council Public hearing: Mayor Lloyd M. Allen was the first speaker and he urged the Council to adopt the resolution. He noted that the grant culminates seven years of efforts to get assistance funds for the massive project which was mandated in 1964 by the Indiana Stream Pollution Control Board. He said there is no question that the improvements to the Wastewater Treatment Plant are necessary; he said they must occur. Improvements of the St. Joseph River must occur also, he noted. City Engineer Lloyd Taylor gave the early history of the South Bend sewage systems and the improvements made over the years. The total estimated project cost of $8,074,500 is comprised of $6,900,000 for construction, $766,000 for technical services, $51,000 for legal and fiscal costs and $345,000 as contingency costs. He said a bond issue estimated at $3,623,225, will have to be sold after the bids for the project are taken. The state has allocated $1,391,025 as its share and already has appropriated $350,000, leaving a balance of $1,041,025 to be appropriated. He said it is possible that if the remainder of the state funds are not forthcom- ing soon, the City may have to issue short term bonds to obtain the needed money, which would then be reimbursed by the state later. City Sanitary Engineer David A. Wells assisted Mr. Taylor in giving the details of the resolution. SPECIAL MEETING , APRIL 2, 1971 RESOLUTION NO. 270 -71 (Continued) City Attorney Shepard J. Crumpacker said a raise in the sewage rate to help pay off the $3.6 million revenue bond issue is a-certainty but that South Bend has the lowest rate now among Indiana cities. He said the raise in rates will depand upon the final costs as reflected in bids and on the interest rate on the revenue bonds. City Controller James A. Bickel said the investment firm of Bache & Company already have been hired as financial advisors on the bond issue. He said a sewer use ordinance will be presented to the Council within the very near futu City Engineer Taylor said construction is to begin by July of this year and will take about two years for completion. Improvements to be made in the sewage plant, involves the installation of equipment and machinery to provide tertiary, or third stage, treatment to sewage. This treatment includes the removal of phosphates and the chlorination of the effluents that are discharged into the St. Joseph River. Others endorsing the passage of the resolution were as follows: Mr. Donald Linger, a professional engineer of the University of Notre Dame, and spoke as a representative of the American Society of.Civil Engineers, Committee on Consultation. Mrs. Irene Mutzel, 320 Parkovash, South Bend, Indiana Mr. Robert Richardson, Professional Engineer, Engineering Planning Services, Mishawaka, Indiana. Mr. Robert J. Fishgrund, 1205 Garland, South Bend, President of South Bend Park Board. Mrs. Faith Martin, 336 Parkovash, South Bend, Indiana Mrs. Roland A. Darsee, 2032 E. Jefferson Blvd., South Bend, Indiana Mr. John Derksen, South Bend, Chairman of the Board of Supervisors of the St. Joseph County Soil and Water Conservation Distict. Dr. Louis E. How, St. Joseph County Health Officer and Secretary of the Board of Health Mrs. Elaine Allen, 2106 E. Jefferson Blvd. South Bend, Indiana, Chairman of the Protect our Planet Group. Councilman Reinke stated that the labor needed for the improvements to the Wastewater Plant will be a great boost to the economy of our community and for the building industry. Councilman Allen stated that the planning engineers should plan the plant so that it will not become obsolete within the near future as it needs to be expanded and more demands are made by Council President Laven stated that these improvements are for the betterment of our community. Councilman Reinke made a motion for the adoption of the resolution. Councilman Craven seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer) 0 nays, 1 absent (Councilman Zielinski_). There being no further business to come before the Council, Councilman Palmer moved for adjournment. Councilman Allen seconded the motion. Motion carried. Time: 10:15 a. m. ATTEST: APPROVED: PRESIDENT