HomeMy WebLinkAbout03/18/2014 Claims ReviewCLAIMS REVIEW MEETING MARCH 18, 2014 99
A Claims Review Meeting of the Board of Public Works was convened at 8:35 a.m, on Tuesday,
March 18, 2014, by Board President Gary Gilot with Board Members David Relos, Patrick
Henthorn, and Brian Pawlowski present. Board Member Kathryn Roos was absent.
ADDITION TO THE AGENDA
Mr. Gilot noted the addition to the agenda of Resolution No. 19-2014.
APPROVE PROFESSIONAL SERVICES AGREEMENT — CREATIVE FINANCIAL
SERVICES LLC ADMINISTRATION AND FINANCE OPERATIONS)
Mr. John Murphy, Controller, submitted to the Board the above agreement in the amount of
$42.50 per hour, not to exceed $11,900.00, for temporary accounting services for Administration
and Finance for CAFR, audit, and other projects, until the new Deputy Controller for the City
starts on April 21, 2014. Upon a motion by Mr. Relos, seconded by Mr. Henthorn and carried,
the agreement was approved.
ADOPT RESOLUTION NO. 19-2014 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS RELATED TO ACQUISITION OF PROPERTY
Attorney Larry Meteiver stated this resolution is to authorize Mr. Relos to bid on property listed
in the Commissioners Sale, on behalf of the Board. He explained the property is located behind
the Armory and the proposed purpose is to build a detention basin. He stated it has already been
through the tax sale and no bids were received. Mr. Meteiver noted tomorrow is the last day to
register for the sale. Mr. Meteiver stated when a Title search was done, it was discovered that
there are $500,000.00 in tax liens on the property, but the person with the liens is deceased. He
informed the Board that the process to get rid of the Federal liens is fairly simple, but there are
also State liens to deal with. He noted the City may have to surrender the property to the State to
get the liens released, but even if they pay full price, it is still a benefit to the City to have the
land available. Mr. Relos stated the deadline to register is tomorrow, but they have until Monday
to determine if it is worth pursuing the purchase. If it's determined it won't work for the City,
they can pull out of the sale. Upon a motion made by Mr. Gilot, seconded by Mr. Relos and
carried, Mr. Relos was authorized to make an informed decision on behalf of the City regarding
the purchase of the property, and the following Resolution was adopted by the Board of Public
Works:
RESOLUTION NO. 19-2014
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO
ACQUISITION OF PROPERTY
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is
authorized to purchase real property or personal property needed by the City of South Bend,
Indiana (the "City") for any public use under Indiana Code § 36-9-6-4; and
WHEREAS, the Board has determined that it is necessary to acquire unencumbered
fee simple interest in certain properties located within the City of South Bend, Indiana (the
"City"), which properties are more particularly described at Exhibit A attached hereto and
incorporated herein ("Properties"); and
WHEREAS, evidence has been presented to the Board suggesting that the purchase
and development of the Properties would be advantageous to the City's sewer separation project
and the acquisition of the Properties would result in significant project cost savings to the City;
and
WHEREAS, the Properties have been certified to St. Joseph County's 2014 tax sale
certificate list, and will be available for purchase at said certificate sale; and
WHEREAS, assessed values of the Properties and the potential project cost savings
would indicate that a maximum bid price not to exceed the amount set forth herein for each of
the Properties is reasonable and in accordance with Indiana Code § 36-9-6-4; and
WHEREAS, the Board now desires to authorize David Relos, a member of the Board
to act as agent for the Board and to register for and bid upon the Properties at Tax Certificate
Sale provided that such bids not exceed the lesser of: (i) the Property's assessed value or (ii)
$25,000.00; and
CLAIMS REVIEW MEETING MARCH 18, 2014 100
WHEREAS, the Board further desires to authorize any member of the Board and the
Clerk of the Board to approve and execute and to attest, respectively, any and all documentation,
including but not limited to offer letters, counteroffer letters, assignment agreements, purchase
agreements and deeds necessary or advisable, in the opinion of legal counsel, to secure and
accept the Properties.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Board of Public
Works that:
1. The Board hereby finds that the purchase of the Properties will serve a public
purpose, will be of benefit to the health or general welfare of the unit, and be in the best interest
of the citizens of the City and that acquiring the Properties for use in the City's sewer separation
project will result in substantial project cost savings to the City.
2. David Relos, as authorized agent of the Board, is hereby authorized and directed
to register for and bid upon each of the Tax Sale Certificates for each of the Properties as
described at Exhibit A.
3, The Board's agents, staff and attorneys are hereby authorized and directed to take
all steps necessary to accomplish the acquisition of the Properties as provided herein, provided
that the bid for any particular property not exceed the lesser of Twenty-five Thousand and
00/100 Dollars ($25,000.00) or the assessed value of such Property and that such bids are
otherwise made in accordance with this Resolution and in a manner acceptable to the Director of
Public Works and legal counsel.
4. Each member of the Board may, individually, approve and execute any and all
instruments or document, necessary or advisable, in the opinion of legal counsel, to secure and
accept the Properties.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on March 18, 2014, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ David P. Relos
s/ Patrick M. Henthorn
s/ Brian Pawlowski
ATTEST:
s/Linda M. Martin, Clerk
APPROVE CLAIMS
Mr. Henthom 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. Henthorn stated the following claims were submitted to the board for approval:
Name
Amount of Claim
Date
City of South Bend
$4,904,763.38
03/14/2014
City of South Bend
$25,100.45
03/11/2014
City of South Bend
$1,266,987.59
03/19/2014
Therefore, Mr. Pawlowski made a motion that after review of the expenditures, the claims be
approved as submitted. Mr. Relos seconded the motion, which carried.
A D tOT TRNMRNT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Relos and carried, the meeting adjourned at 8:44 a.m.
CLAIMS REVIEW MEETING MARCH 18, 2014 101
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
David. �e1Qs, M tuber
Member
Patrick ent o Member
Brian aw owT'`s` Member
ATTEST:
-igda M. Martin, C erk