REGULAR MEETING December 6, 2010

Transcription

1 REGULAR MEETING December 6, 2010 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Monday morning, December 6, 2010, at the hour of 9:00 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City, Indiana a regular meeting room of this Board. The meeting was called to order by President, Tony Metzcus, who presided. Noted Present: Tony Metzcus, John Schaefer, and Mayor Charles Oberlie, (3). Absent: none (0). Also noted in attendance: A QUORUM WAS NOTED PRESENT. Chief Mark Swistek, M.C. Police Department Lt. Jeff Loniewski, M.C.P.D. Traffic Division John Pugh, Director Planning & Inspection Departments Bill Phelps, City Engineer Russ Hatfield, Code Enforcement Officer Abby Wiles, N.S.P. Intern Judy Pinkston, Community Development Director Chief Dave Lamb, M.C. Fire Department Fire Marshal Kyle Kazmierczak, M.C. Fire Department Jack Kahn, Street Director, Central Services Thomas F. Fedder, City Clerk Kim Sliwa, Asst. Deputy City Clerk APPROVAL OF MINUTES Mr. Schaefer moved the minutes of the Regular Meeting of November 15, 2010 be approved as printed. The motion was seconded by Mr. Metzcus and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. HANDICAP PARKING SPACE John Pugh, Director, Planning and Inspection addressed the Board regarding a request for a Handicap Parking Space at 1208 Kentucky Street stating the request has been reviewed by his department as well as the Michigan City Police Department s Traffic Division. Mr. Pugh presented a handout to the Board that included photos of the property; stating there is ample parking in the area, and that M.C.P.D. Traffic Division has spoken to the homeowner. Mr. Pugh made the recommendation that the request not be approved for either a handicap or reserved parking space. Discussion ensued between Mr. Metzcus and Mr. Pugh regarding the request and the current conditions. Mayor Oberlie concurred with the recommendation from Planning and M.C.P.D. Traffic Division; and suggested that the Planning Department put the homeowner in contact with R.S.V.P. to see about a ramp to connect the 10 from the house to the parking pad in the rear of the residence. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries.

2 Regular Meeting December 6, 2010 page 2 NO PARKING SIGN The following correspondence was received in the Clerk s Office on November 29, 2010 by Diana Elkins, 3641 Windsor Road: I am requesting a No Parking Here to Corner sign be place at the south west corner of Broadbrook and Ohio Street. Cars are parking close to the stop sign on Broadbrook. You have to drive on the wrong side of the street to get around these cars and when traffic comes off Ohio Streety, you almost have a head-on collision. The intersection of Essex and Ohio had the same problem but a sign has already been put up there. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding this request informing them that the Planning Department has requested two (2) weeks to study the area to decide where the sign should be placed. Mayor Oberlie made the motion to refer the matter to the appropriate departments for reporting back at the next meeting. The motion was seconded by Mr. Metzucs and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. CORRESPONDENCE The following correspondence was received in the Clerk s Office on November 22, 2010 by Jack P. Rossman, Air Cleaning Specialists, 5240 B. Commerce Circle, Indianapolis, IN: Ref: Vehicle Exhaust Removal System bid of I am sending this letter in protest of the recent bid for the Fire Department s vehicle exhaust removal system. My protest is based on lowest most responsible bid for the system and specifications used for the bid package. #1. Air Cleaning Specialists/Rossman Enterprises LLC (ACS) has been the lowest base bid price at $66, compared to the Hastings Air Energy/PlymoVent bid of $76, The final price of the Hastings quote and what is being considered the acceptable bid Price is $98, which includes optional items that ACS was not asked to submit pricing on. After the bid opening we were contacted by Fire Marshal Kyle Kazmierczak to supply additional pricing information that was not part of the original bid specification. We were informed that this information was required in order to properly compare our system to our competitor s optional items that were included in their bid. In other words to be able to compare apples to apples. The items that were requested are shown below. A. Routing service cost for the system: I was informed by Fire Marshal Kazmierczak that our competition stated that they would provide an annual inspection of the system at no charge to the Fire Department. I stated that our MagneGrip system had a 5 year warranty and that all service related items were covered. I also stated that we can supply a routine preventative maintenance of the system if desired, but, because of the type of system being purchased, a service such as this is not required. He wanted the cost of our routine preventative maintenance service, so I supplied it to him. Note: A routine preventative maintenance service is not the same as an annual inspection of the system. A routine maintenance service means our representative has a specific task to complete such as hose alignment, lubrication, etc An annual inspection means that someone looks at the system and does nothing unless something is required and only that specific problem is corrected. The pricing for annual inspection of the system would be considerably less expensive than a routine maintenance service which is the pricing that I supplied to Fire Marshal Kazmierczak. As a matter of fact most inspections are at no charge. We normally stop by our installations more than once a year just to check up on things. Just a part of doing business and keeping the customer satisfied. The price of the routine maintenance service based over 5 years was applied to our base price in your calculations when comparing the system pricing.

3 Regular Meeting December 6, 2010 page 3 B. Inline filter pricing: Inline filtration was quoted either in the base price of the Hastings bid or as an option, but, was not part of the base specifications. Inline filters can sometimes be used to filter exhaust particulate from the exhaust air before it is exhausted outside the building. This type of equipment is usually required in places such as California or New York, but, is not a requirement in the Midwest. I did supply this information to Fire Marshal Kazmierczak. Once again, this equipment was not part of the specifications in the bid package and in my opinion is just an item that will require future maintenance and extra equipment and service profit for the appropriate vendor. However, when applying the inline filter pricing to our base price we were still the lowest most responsible bidder. C. Optional items being purchased by the Fire Department: ACS was also asked what was available for the capture of other contaminants in the bay area. Other contaminants can be generated by small engine start ups (chain saws, generators, etc ). It can also mean vehicle exhaust contaminant generated from mutual aid vehicles from other Departments. I responded to this inquiry by stating that unless mutual aid vehicles had the appropriate adapter they would not be able to attach to the exhaust system. If the Fire Department wanted to capture contaminant from every piece of equipment, the best way was to use air scrubbers similar to our AirHawk air cleaners. This type of equipment would eventually filter out contaminant from every piece of equipment that would enter the fire station. I supplied information on the AirHawk air cleaners. Note: I was not told that Hastings quoted source capture fume arms and this is what the Fire Department wanted. These source capture fume arms are considerably less expensive than the AirHawk air cleaners and they can only be utilized in a very small area of the Fire Station (and cannot be utilized appropriately for mutual aid vehicles). Since ACS has access to this type of equipment, ACS should have been asked to quote the source capture fume arms in order for the Fire Department to properly compare quotes (apples to apples). D. Optional hose drops to the specified exhaust system: I am also aware of the fact that Hastings has quoted and the City wants to purchase additional hose drops to the base priced system. I was not aware of or asked to quote on these items. ACS should have been asked to quote these items as well in order for you to appropriately compare pricing (apples to apples). Since our base price was considerably less expensive than our competition it would only make sense that our additional hose drops would be less expensive as well. #2. Specifications used in the bid package: A. Section #4 Due to harmful effects of diesel exhause, the system must be designed and capable of virtually capturing 100% of the exhaust gases and particulate even in the event of a power failure. Hastings and the Plymo Vent product does not meet this very important specification. Their nozzle adaptor is at least 50% open in the back and will allow exhaust fume leakage in the event of a power failure or any type failure of the fan to activate. B. Included in the bid package is section #5 entitled Grade Sheet. Manufacturer Qualifications System bid shall have a life service of no less than 10 years to establish proof of quality, longevity and service. The Hastings/Plymo Vent magnetic system has only been on the market for a year or less. They do not meet this requirement. The transition from the magnetic nozzle to the flexible hose shall be one piece welded construction to prevent leaks of exhaust fume. The Hastings/Plymo Vent transitions is a two piece welded construction. Hose must be rated at 400 degree to 700 degree temperature. Hose testing and certification by third party independent testing lab must be completed and provided. There is no independent test data from Hastings/ Plymo Vent. There is only a letter from the Plymo Vent National Sales Manager that states the hose meets these standards. This hose is purchased from Flexaust. Neither Flexaust nor an independent test facility has tested this hose which is supposedly made to Plymo Vent specifications. C. Pages ii and iii of the AFG Grant Guidelines pertain to allowable specifications to be used for bidding on equipment acquired with funds from the AFG Grant program. To keep things brief, these pages state that you cannot use specifications supplied by the vendor that restrict competitive bidding. If you do use specification supplied or edited by a vendor, that vendor or manufacturer is not allowed to bid on the project.

4 Regular Meeting December 6, 2010 page 4 I have seen all or parts of these specifications on other projects. These specifications are designed to give an advantage to Hastings/Plymo Vent. There are several items in it that try to restrict other competitors chances of winning the bid. It can t be a coincidence that these same specifications are seen in multiple bid packages. These specifications had to be supplied by the Hastings Air Energy group. Once again, I am submitting this information as a formal protest to the Vehicle Exhaust System bid for the Michigan City Fire Department. You can contact me at the numbers listed below. I look forward to your response. Fire Chief Dave Lamb addressed the Board regarding the correspondence and the written response by the Fire Department; stating he was before the Board to address any questions Mr. Rossman or the Board may have about the awarding of the bid for the vehicle exhaust system. Mayor Oberlie asked Chief Lamb if by the bid specifications themselves the low bidder was in fact awarded the contract. Chief Lamb responded that was correct. Discussion ensued between Mayor Oberlie and Chief Lamb regarding the services requested through Mr. Rossman s letter; and the reference to additional costs related to the fact that after the award of the bid the grant still has surplus funds that allowed the Fire Department to do extra. Mayor Oberlie made the motion that the appeal be rejected and the contract stand as approved by the Board. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Oberlie and Schaefer (3). NAYS: None (0). Motion carries. ENGINEERING Westcott Park Police Camera John Pugh, Director, Planning and Inspection Department addressed the Board informing them that this request involves the Westcott Park Project, and specifically the project fund. Mr. Pugh stated that there is money in the contingency fund, and that they have been working with the Police Department who has the opportunity to purchase a police camera for the park at a cost of $27, Mr. Pugh asked the Board for approval to proceed to purchase the camera, and take the funds out of the Westcott Park project funds. Mr. Pugh informed the Board the camera would be purchased from Miner Electronics Corp., and would require half the money up front ($13, approximately). Discussion ensued between Mr. Schaefer and Mr. Pugh regarding the funds available. Mr. Schaefer made the motion to approve the request. The motion was seconded by Mr. Metzcus and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. OPENING OF BIDS Request for Statement of Qualifications and Proposal for Government Access Channel Programming (Channel 97), Public Access Channel Programing (Channel 99) and Public Access Studio Mayor Oberlie informed the Board that two (2) proposals were received as follows: Ron Hamilton, President/CEO LaPorte County Community Media Center, Inc. - $175, total bid

5 Regular Meeting December 6, 2010 page 5 Bart Lombard, Director Access LaPore County (A.L.Co.) - $16,000 per quarter = $64, annual - for Channel 97; $6, per quarter = $25, annual for Channel 99; $2, per quarter = $10, annual for Public Access Studio. Mayor Oberlie made the motion to refer the matter to the Controller, E.E.O. Department and Corporate Counsel for review and reporting back at the next meeting. The motion was seconded by Mr. Metzcus and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. AWARDING OF BID Asbestos Abatement, NSP, Phase #6 Russ Hatfield, Code Enforcement Officer addressed the Board regarding the awarding of the bid for the Neighborhood Stabilization Program (NSP), Phase #6 advising them that the bids were reviewed by the department and awarded to Associated Environmental in the amount of $7, Note: This is for informational purposes only. ORDER TO DEMOLISH 3019 Cleveland Avenue, Mark Knopf-owner Russ Hatfield, Code Enforcement Officer addressed the Board informing them that Mr. Mark Knopf has passed away, and it came to the departments attention that there is a son that may have a substantial interest in the property. Mr. Hatfield asked the Board for a continuation until the next meeting to allow him to research this new information, and try to get in contact with the son. Mayor Oberlie made the motion to approve the request for a two (2) week continuation. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. AWARDING OF BID 508 W. 11 th Street, James Spychalski owner Russ Hatfield, Code Enforcement Officer informed the Board that the department reviewed the bids for the demolition of 508 W. 11 th Street, James Spychalski, owner, stating the recommendation is to award the bid to Pavey Excavating in the amount of $11, Discussion ensued between Mr. Metzcus and Mr. Hatfield regarding the salvage of the building, and what will be deducted from the bid price for the actual price of the demolition. Mayor Oberlie made the motion to approve. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Schaefer and Oberlie (3). NAYS: None (0). Motion carries. AWARDING OF BID 217 Willard Avenue, Wayne Miller owner Russ Hatfield, Code Enforcement Officer addressed the Board regarding the demolition of 217 Willard Avenue, advising the Board that he was originally going to award this bid to Phelps Construction, which has been on hold for several weeks now in the amount of $8, Mr. Hatfield informed the Board that this morning he received a correspondence from Mr. Wil Williams, P.O. Box 75541, Honolulu, Hawaii saying that he

6 Regular Meeting December 6, 2010 page 6 has purchased the properties of 217 & 314 Willard Avenue and wants to obtain the necessary permits to commence rehabilitation. Mr. Hatfield made the recommendation to the Board that with the background on these properties that the Board allow him to continue with the demolitions. Mr. Hatfield further informed the Board that the orders to demolish are placed as liens on the properties and are standing, so any purchaser who would research the contract for sale would have to know this. Mr. Hatfield asked the Board to not allow any permits to be issued on these properties. Discussion ensued between Mayor Oberlie, Mr. Schaefer and Mr. Hatfield regarding verifying the identity of the buyer. Mr. Hatfield reminded the Board that they did authorize a thirty (30) day permit on both of these properties to get them weather tight to work with Mr. Miller, and that was not done; Mr. Miller was the person who set that deadline. Mayor Oberlie made the motion to accept the recommendation of the Code Enforcement Officer to proceed with the demolitions. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Oberlie and Schaefer (3). NAYS: None (0). Motion carries. CLAIMS AND PAYROLL Mayor Oberlie, moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Oberlie and Schaefer (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 3 11/12/2010 $42, of 7 11/17/2010 $392, of 3 12/02/2010 $229, of 7 12/02/2010 $392, Allowance of claims as set forth in the Register of Claims as follows: Page Date Amount 1 of 5 12/06/2010 $686, ADDITIONAL BUSINESS Mayor Oberlie addressed the Board advising that he would like to offer a motion to authorize the City Engineer to retain John A. Doyle and Associates to prepare a survey and necessary topographical for the proposed parking lot on the N.I.P.S.Co. property out at the Crescent Dune area. The motion was seconded by Mr. Schaefer and carried as follows: AYES: MEMBERS Metzcus, Oberlie and Schaefer (3). NAYS: None (0). Motion carries.

7 Regular Meeting December 6, 2010 page 7 ADJOURNMENT The presiding officer inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 9:28 a.m.). Thomas F. Fedder, City Clerk