November 6, The Board of Public Works and Safety met in regular session in the Council Chambers on Monday November 6, 2017 at 5:00pm.

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1 November 6, 2017 The Board of Public Works and Safety met in regular session in the Council Chambers on Monday November 6, 2017 at 5:00pm. Present: Mayor Krentz, Clay Turner and Mitch Feikes Absent: None Pledge Mayor Krentz led the Pledge of Allegiance Minutes As each Member received an advance copy of the minutes from the October 16, 2017 meeting, Mayor Krentz stated they would dispense with the reading of the same and asked if there were any questions or additions Approval of Minutes Mr. Turner moved to approve the minutes as presented; motion seconded by Mr. Feikes and Public Comment None Clerk-Treasurer Claims Approval Teresa L. Ludlow, Clerk-Treasurer, presented Civil City Claims in the amount of $878, She noted this included PERF for October 20 th payroll, PERF for November 3 rd payroll, 3rd Quarter Transit local match, November Health Insurance and November Trash bill. Motion/Vote Approve Civil City Claims Mr. Feikes moved to approve Civil City Claims in the amount of $878,280.06; motion seconded by Mr. Turner and The Clerk-Treasurer presented Water Claims in the amount of $153, She noted this included Sales Tax for October and invoices for Kankakee Well Rehabilitation. Motion/Vote Approve Water Claims Mr. Turner moved to approve Water Claims in the amount of $153,269.69; motion seconded by Mr. Feikes and The Clerk-Treasurer presented Sewer Claims in the amount of $135, She noted this included the November Health Insurance.

2 Motion/Vote Approve Sewer Claims Mr. Feikes moved to approve Sewer Claims in the amount of $135,303.33; motion seconded by Mr. Turner and The Clerk-Treasurer presented a claim for the 2015 Sewage Construction Bonds for the B Street Project in the amount of $1, Motion/Vote Approve 2015 Sewage Construction Bond Claim Mr. Feikes moved to approve the 2015 Sewage Construction Bond Claim for the B Street Project in the amount of $1,239.00; motion seconded by Mr. Turner and The Clerk-Treasurer presented Payroll for October 20, 2017 in the amount of $399, Motion/Vote Approve Payroll Mr. Turner moved to approve Payroll for October 20, 2017 in the amount of $399,019.63; motion seconded by Mr. Feikes and The Clerk-Treasurer presented Payroll for November 3, 2017 in the amount of $395, Motion/Vote Approve Payroll Mr. Feikes moved to approve Payroll for November 3, 2017 in the amount of $395,568.27; motion seconded by Mr. Turner and The Clerk-Treasurer stated it is State Stature to file a Statement of Economic Interest in case there would be a conflict of interest. She asked the Board to approve the Conflict of Interest statement for Mayor Krentz for Thanhardt Burger Corporation EDA Lake Fine Arts. Motion/Vote Conflict of Interest Statement Mr. Feikes moved to approve the Conflict of Interest Statement as presented; motion seconded by Mr. Turner and New Business Traffic Appeals The first appeal is for Ticket #63355 in the amount of $25 for parking left side to curb. The appeal stated they just moved here and was unaware of ordinance. Motion/Vote Deny Ticket #63355 Mr. Turner moved to deny Ticket #63355 a presented; motion seconded by Mr. Feikes and unanimously approved. The last appeal is for Ticket #63068 in the amount of $10 for parking in a construction area. The appeal stated they were out of town on vacation when their car was towed and were unaware of the construction.

3 Motion/Vote Approve Ticket #63068 Mr. Turner moved to approve Ticket #63068 as presented; motion seconded by Mr. Feikes and Request for Use: Holiday Pet Parade Caitlin Bladecki from the La Porte County YMCA requested to close Michigan Avenue from Maple to Osbourne for a Dog Christmas Parade to help benefit the La Porte County Family YMCA and local animal shelter along with local pet businesses to be held on December 9, 2017 from 8am to 12pm. Motion/Vote Approve Request for Use: Holiday Pet Parade Mr. Feikes moved to approve the Request for Road Closure for the Holiday Pet Parade as presented; motion seconded by Mr. Turner and Request for Use: Civic Event Road Closure Brett Binversie, Civic Director, requested the closure of Ridge Street between Plain and Tecumseh Street on November 11, 2017 between 9am to 11pm for the Arts in the Park Turn up the Sound Event. Motion/Vote Approve Request for Use: Civic Event Road Closure Mr. Feikes moved to approve the Request for Use for the Road Closure for the Arts in the Park Turn up the Sound Event as presented; motion seconded by Mr. Turner and Proposed 2018 Holiday Schedule New Year s Day Martin Luther King Jr. Day President s Day Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day after Thanksgiving Day before Christmas Christmas Day Monday January 1 st Monday January 15 th Monday February 19 th Friday March 30 th Monday May 28 th Wednesday July 4 th Monday September 3 rd Monday October 8 th Monday November 12 th Thursday November 22 nd Friday November 23 rd Monday December 24 th Tuesday December 25 th Motion/Vote Approve Proposed 2018 Holiday Schedule Mr. Turner moved to approve the Proposed 2018 Holiday Schedule as presented; motion seconded by Mr. Feikes and Contract for City Attorney Mayor Krentz announced that Newby, Lewis, Kaminski & Jones LLP has been retained by the City of La Porte, following the recent resignation of Rebecca Meyer McCuaig. Nicholas Otis has been appointed as City Attorney, Mr. Otis will act as lead counsel with the resources of the entire firm made available to

4 the City. The Mayor noted the firm will be retained from November 1, 2017 through December 31, 2018 for a flat fee of $8300 per month which will be invoiced monthly. The fee would cover: 1. Attendance in person at all person at all La Porte City Council meetings, Board of Public Works meetings, Executive Sessions, if any relating to such meetings, and work sessions as required. Additionally, a lawyer would normally attend most Redevelopment Commission meetings. 2. Any routine day-to-day phone calls, letters and s, and routine legal advice would be included in this flat fee. 3. Meetings in person with Department heads on legal issues and review of contracts presented to the Department heads. 4. Any personnel matter which legal advice is sought that is not related to threatened or pending litigation. 5. Attendance at the monthly Ordinance violation hearings currently filed normally in the La Porte Circuit Court. Those matters not included in the flat fee would be billed at an hourly rate of $175 per hour and would include: A. Miscellaneous litigation (Other than Ordinance Violations) which is discounted from the normal hourly rate of partners; B. Defending suits involving labor and employment issues and union contract negotiations; C. Representing the City in administrative hearing processes or review processes, such as environmental issues involving IDEM or the EPA; D. Communication and assistance with bond counsel on any matter requiring bond work for the City of La Porte; and E. Any other unusual or astringent matter requiring extensive investigation, at which time you would be apprised of the fact that we believe such matter requires the billing of the hourly rate and would not be a part of the flat fee. Mr. Turner asked the Clerk-Treasurer if money was budgeted for this and the Clerk-Treasurer stated they would move the money from the salaries to professional services to cover the cost. Motion/Vote Approve Contract for City Attorney Mr. Turner moved to approve the Contract for the City Attorney as presented and authorized the Mayor to sign accordingly; motion seconded by Mr. Feikes and Letter of Officer Resignation- G. Carter Tom Owens, Police Chief, presented a letter of resignation from Grant Carter effective October 24, Motion/Vote Approve Letter of Resignation Mr. Turner moved to approve letter of resignation as presented; motion seconded by Mr. Feikes and Letter of Officer Resignation- R. Esparza Chief Owens presented a letter of resignation from Rodolfo Esparza effective November 14, Motion/Vote Approve Letter of Resignation Mr. Feikes moved to approve the letter of resignation as presented; motion seconded by Mr. Turner and Contract for New Vehicles Chief Owens stated the Police Department would like permission to enter into a lease agreement with Chrysler Plymouth Dodge for a two year lease in the amount of $29,000 annually for nine vehicles that would be used for the detective bureau, chief and assistant chief. This lease agreement would be

5 effective starting January 15, Two other quotes were solicited by Pine Ford Lincoln and Sauers however neither of them offer this service. Discussion was held on regarding a replacement program for patrol cars. It was noted that 10 vehicles were purchased in 2015 and we are hoping to purchase 6 vehicles yet this year. Motion/Vote Approve Contract for New Vehicles Mr. Turner moved to approve the Lease Agreement as presented; motion seconded by Mr. Feikes and Permission to Sell Vehicles Chief Owens asked permission to get rid of 7 vehicles. He noted he was unsure whether to trade in or sell out right. Discussion was held regarding trading in towards the lease or on the six new vehicles that we are planning to purchase. Motion/Vote Table Permission to Sell Vehicles Mr. Turner moved to table the matter of selling the vehicles pending the review of the City Attorney; motion seconded by Mr. Feikes and Termination of Lease Tom MacLennan, Director of Transporte, stated that for the last two and half years the City of La Porte has been running the Transit Triangle with conjunction with City of Michigan City. As of November 7, 2014 Michigan City leased one of the buses to City of La Porte to run one leg of the Transit Triangle. Due to Federal Law with regards to CDL s the City of La Porte has a hard time hiring CDL drivers especially due to the fact that they are mostly part time positions. Two weeks ago a meeting was held with Mayor Krentz, Mayor Meer, Michigan City Transit and Transporte and it was decided that La Porte would return the leased bus back to Michigan City and they will operate all three legs of the Transit Triangle. The Termination of Lease was reviewed by former City Attorney Rebecca Meyer McCuaig and the new City Attorney Nick Otis. Mr. MacLennan asked the Board to approve the Termination of Lease and asked the Mayor and the Clerk-Treasurer to sign. Motion/Vote Approve Termination of Lease Mr. Turner moved to approve the Termination of the Lease as presented; motion seconded by Mr. Feikes and Fund Conveyance Agreement Mr. MacLennan presented the Board with the annual agreement with NIRPC for 27 months in the amount of $263, He asked the Board for approval and asked the Mayor and the Clerk-Treasurer to execute accordingly. Motion/Vote Approve Fund Conveyance Agreement Mr. Turner moved to approve the Fund Conveyance Agreement as presented; motion seconded by Mr. Feikes and

6 Request to hold Fire Merit Commission Election Andy Snyder, Fire Chief, stated that the Fire Merit Commission is governed by ordinance and it requires a balance of party preferences by its members. The term of Jim Parks who is a democrat is due to expire at the end of this year. Chief Snyder stated that on December 4, 2017 between the hours of 9am and 6pm be set as the time for the election by the Fire Department of its representative to the Fire Merit Commission and on or before November 27, 2017 all active firefighters who wish to nominate someone for that position submit their nominations to the Fire Chief in writing. That the election on December 4, 2017 be under the supervision of the Chief and Assistant Chief and the Chief post notice in all stations at least three weeks prior to December 4, 2017 notifying the active firefighters of the election on December 4 th and the nomination date of November 27 th, that the Chief certify to the Clerk-Treasurer the nominees to be placed on the ballot, and that the Clerk-Treasurer verify with the voters registration office the nominee s party preference, and prepare the ballots for the election; and that the nominee be affiliated with the Democratic Party. Motion/Vote Approve Request to hold Fire Merit Commission Election Mr. Feikes moved to approve the Request to hold a Fire Merit Commission Election as presented; motion seconded by Mr. Turner and Bid Opening for Head Creek Farm Jerry Jackson, Wastewater Director, noted we had proof of publication of the bid and it was published on October 20 th and again on October 27 th. Head Creek Farm is 112 acres located on Boyd Blvd and the lease is for a three year period. The following bids were received and opened: Adam Cramer Banwart Farms $226 per acre $186 per tillable acre Mr. Jackson asked the Board to refer the bids back to the Sewage, Clerk-Treasurer and City Attorney for review and recommendation back to the Board. Motion/Vote Refer Opened Bids for Head Creek Farm Mr. Turner moved to refer the opened bids for Head Creek Farm to the Sewage, Clerk-Treasurer and the City Attorney for review and recommendation back to Board; motion seconded by Mr. Feikes and Consultant Contract for Construction Engineering Beth Shrader, City Planner, presented a Consultant Contract for Construction Engineering with H.W. Lochner and the City of La Porte for Chessie Trail Phase 1. The contract has been reviewed by City staff and INDOT and will be paid for as part of the total construction costs, using 80% federal Congestion Mitigation and Air Quality funds and a 20% local match provided by the Healthcare Foundation of La Porte. Discussion was held on whether H.W. Lochner has been involved with this project from the start. Ms. Shrader noted they haven t worked on this project however it is common practice to have a fresh set of eyes on design plans that are drawn up by another engineering firm.

7 Motion/Vote Approve Consultant Contract for Construction Engineering Mr. Feikes moved to approve the Consultant Contract for Construction Engineering with H.W. Lochner and the City of La Porte as presented; motion seconded by Mr. Turner and R FY17 Federal Aid Paving Signature Nick Minich, City Engineer, presented signature of a Final Inspection and recommendation of acceptance form for out 2017 Federal Aid Paving Project. We have done our pre final inspection and final inspection and everything is up to standard that INDOT requires for this project and he is looking for a signature so it can be put in the construction record for INDOT. This project included sections of Boyd, A Street, 2 nd Street, and 18th Street, Colfax, Michigan, Madison, Lakeshore Drive and Fail Road. Motion/Vote Approve Signature for the R FY17 Federal Aid Paving Final Inspection and Recommendation of Acceptance Form Mr. Turner moved to approve the signature for the R Fy17 Federal Aid Paving Final Inspection and Recommendation of Acceptance Form; motion seconded by Mr. Feikes and Guaranteed Performance Services Contract Mr. Minich presented the Guaranteed Performance Services Contract with Schneider Electric. We have been going through the process and getting approvals along the way. This is the next big approval this is the contract that includes the first phase of construction work in our Performance Contracting Contract with Schneider. Discussion was held on lighting and NIPSCO incentives. Motion/Vote Approve Guaranteed Performance Services Contract Mr. Turner moved to approve the Guaranteed Performance Services Contract as presented; motion seconded by Mr. Feikes and Request to Bid Annual 2018 Fuel Contract Mr. Minich asked permission to solicit quotes for our 2018 Fuel Contract to be opened in late December. Motion/Vote Approve Request to Bid Annual 2018 Fuel Contract Mr. Turner moved to approve the Request to Bid Annual 2018 Fuel Contract; motion seconded by Mr. Feikes and ADA Transition Plan/Title VI Implementation Plan Update Mr. Minich noted we updated our ADA Transition Plan which also includes the Title VI provision into it. This is a requirement that INDOT administers as part of City of La Porte receiving and Federal funds. This was originally approved in 1994 and is updated periodically. Mr. Minich asked for acceptance contingent on City Attorney review. Motion/Vote Approve ADA Transition Plan/Title VI Implementation Plan Update Mr. Feikes moved to approve the ADA Transition Plan/Title VI Implementation Plan Update; motion seconded by Mr. Turner and

8 2017 Local Paving Invoice 1 Mr. Minich presented Invoice 1 for the 2017 Local Paving for Division 1 and 5 to Reith Riley in the amount of $252, Unfinished Business None Department Reports Police: Chief Owens noted they received the grant money of $8100 for their Dare Program from the Health Care Foundation, the FOP and American Licorice donated candy to the department to hand out on Trick or Treat and No Shave November is in conjunction with Harmony House and FOP. An officer can donate a minimum of $20 and the FOP will match the funds and there is a Shop with a Cop with Harmony House on December 9 th from Fire: Chief Snyder gave his appreciation to the Health Care Foundation for their grant money. Street: Mike Fraze, Director of Street, stated they were half way through the first round of the leaf pick up. City Attorney: Nick Otis thanked the Board for approval of his contract and is looking forward to working with the City of La Porte. Sewer: Mr. Jackson met with the 39 North Conservancy District Board and they have the Conveyance and Treatment Agreement and he will forward to Board Members and the Attorney for review and hopefully be ready to vote on at the next meeting. Water: Todd Taylor, Director of Water, asked permission to solicit quotes for Aqua Guard Treatments (Agua Free) on wells 4, 5 and 6. Motion/Vote Approve Request to Solicit Quotes for Aqua Guard Treatments Mr. Feikes moved to approve the Directors request to Solicit Quotes for Aqua Guard Treatments on Wells 4, 5 and 6; motion seconded by Mr. Turner and Engineering: Mr. Minich requested permission to solicit quotes for six Police Cars retroactively. Motion/Vote Approve Request to Solicit Quotes for six Police Cars Mr. Turner moved to retroactively approve the request to solicit quotes for six Police cars; motion seconded by Mr. Feikes and Mr. Minich also noted the 2017 Paving is winding down and will finish in the spring.

9 Transporte: Mr. MacLennan stated that NIRPC owns all vehicles for public transportation. They just had a disposition sale where Transporte returned three buses to NIRPC and they received a little less than $12,000 which NIRPC will hold on account to be used for local match for new buses. Announcements Veterans Day Celebration will be held at the Civic Auditorium on Friday November 10 th at 9:30am Toys for Tots toy drive is going on through December 18 th -Drop off new and unwrapped toys that will be distributed in our community. Arts in the Park are having an event- Turn up the Lights at the Civic Auditorium on Saturday November 11, 2017 from 1pm to 10pm. Adjourn There being no further business, Mr. Feikes moved to adjourn; motion seconded by Mr. Turner and Attest: Teresa L. Ludlow, Clerk-Treasurer Approved: November 20, 2017 Approve: Mark A. Krentz, Mayor