REGULAR MEETING September 4, 2018

Transcription

1 REGULAR MEETING September 4, 2018 The Common Council of the City of Michigan City, Indiana, met in Regular session on Tuesday evening, September 4, 2018 at the hour of 6:30 p.m., local time in the Common Council Chambers, located in the lower level of the City Hall Building, 100 East Michigan Boulevard, Michigan City, Indiana. The meeting was called to order at 6:30 p.m. by Council President Przybylinski. Roll call was authorized and the following were noted present and/or absent. PRESENT: COUNCIL MEMBERS Tim Bietry, Pat Boy, Sharon Carnes, Bryant Dabney, Ron Hamilton, Don Przybylinski, Candice Silvas, Gene Simmons and Johnny Stimley (9). ABSENT: COUNCIL MEMBERS None (0). A QUORUM WAS NOTED PRESENT ALSO PRESENT: Jim Meyer Council Attorney, Clerk Gale Neulieb, and Deputy Clerk Kim Sliwa APPROVAL OF MINUTES President Przybylinski inquired whether there were any corrections, deletions, or additions to the minutes of the Regular Meeting of August 21, Councilwoman Boy made a motion to approve the Regular meeting minutes held on August 21, 2018; second by Councilman Dabney. The minutes were approved as printed. REPORTS OF STANDING COMMITTEES Chairman Bietry presented the following Finance Committee meeting minutes: The Finance Committee was called to order this evening at 6:07 p.m. by Chairman Bietry to review claims filed since the August 21, 2018 meeting. Committee members Bietry, Dabney, and Przybylinski were present as well as Council members Boy, Carnes and Simmons. Also, in attendance was City Comptroller Rich Murphy. Claims reviewed totaled $59, from the Boyd Development Fund and $55, from the Riverboat Fund for a total of $115, There was some discussion about the nature of the time sheets provided by the Farmer s Market Manager. Mr. Murphy stated that they would be provided with more detail in the future and had revised copies of past months for this meeting. There were no further concerns expressed. Councilman Przybylinski moved to recommend approval of the docket, with a second by Councilman Dabney. The motion was approved unanimously. The meeting was adjourned at 6:13 p.m. The summary of claims was as follows: From the Boyd Development Fund: $2, to Malakia Bergerson for work as Manager of M.C. Farmers Market $56, to Butler, Fairman & Seufert for work on Singing Sands trail phases $ to George Prellwitz for two performances at the Farmers Market $60.00 to Dean Price for set up and removal of fencing for the Rogers Brooks event

2 Page 2 September 4, 2018 From the Riverboat Fund: $18, to Global Engineering for Community Crossing/Center St., road improvements $28, to Haas & Assoc. for city-wide pavement and sidewalk projects $9, to Tyler Tech. for technology management/training/ and implementation President Przybylinski asked if there were any other Standing Committee Reports; there was no response. REPORTS OF SPECIAL OR SELECT COMMITTEES President Przybylinski asked if there were any other reports of special or select committees; there was no response. REPORTS of OTHER CITY OFFICERS and DEPARTMENT President Przybylinski asked if there were any reports of other city officers and departments; advising Mr. Jack Arnett from the LaPorte County Visitors Bureau is here this evening to give the Council a summary of the 2018 Great Lakes Grand Prix. Jack Arnett, Executive Director, LaPorte County Visitors Bureau, addressed the Council advising Jane Daley of the LaPorte County Visitors Bureau put together the packets presented of information on the economic impact of the 2018 Great Lakes Grand Prix weekend, which included the Michigan City Mainstreet Association s Taste of Michigan City; advising this year s events visitors pumped more than $12.4 million into LaPorte County s economy; the highest amount ever and $2 million more than last year s event. Jane Daley, LaPorte County Visitors Bureau addressed the Council informing them of the Silent Auction that was held for the 2018 Big Chrysler Dodge Jeep Ram Great Lakes Grand Prix presented by Blue Chip Casino Hotel and Spa, the Off Shore Power Boat Race, and Visit Michigan City LaPorte that provided a fiscal boost to the Michigan City Emergency Management Volunteers; commenting on what the Emergency Management Volunteers do for Michigan City, LaPorte County; presenting a check in the amount of $2,463.00, which was raised during the annual silent auction that takes place at the Great Lakes Grand Prix on Sunday each year; further commenting on what the volunteers do for the race, parade and the entire community; continuing to comment on the 2019 event. Mr. Arnett stated this is the second year in a row they have been able to help out this worthwhile organization; commenting on everything the volunteers do for Michigan City and LaPorte County; introducing Mr. Rick Wright; commenting that one of the owners of the WHM speed boat made a special announcement and Rick is here to tell you all about it. Mr. Rick Wright advised that Billy Moth is an owner of WHM Motor Sports and he drives No. 5, and has been at the race every year since it started; commenting on Mr. Moth s racing career; advising Mr. Moth commented at the Awards Dinner that he loves the Michigan City Zoo and has pledged $10, to the new Lion/Tiger den; further commenting on the matter. Mr. Arnett continued to address the Council regarding the pledged donation by Mr. Moth; commenting on the Press Release that was distributed, along with the study that was done on the economic impact to Michigan City/LaPorte County from the weekend event; thanking all those involved who helped/volunteered their time to make this such a fabulous event. President Przybylinski thanked Mr. Arnett and the Visitors Bureau for all the hard work they do every year with these events; thanking the Emergency Management Team for all their fantastic work; further commenting on the Emergency Management Team.

3 Page 3 September 4, 2018 Councilman Stimley commented on the work the Emergency Management Team does for the city; personally thanking them for all their hard work; also as President of the Zoological Society thanked the race team for giving the donation to the Lion Exhibit, which they are trying to raise funds for through grants and other fundraising projects; further commenting on the pledge/donation from Mr. Moth; continuing to thank Mr. Arnett and the whole Visitors Center team for all their hard work. Councilwoman Boy stated thank you to all of you for all you do. President Przybylinski asked if there were any reports of other city officers and departments; there was no response. CLAIM DOCKETS President Przybylinski stated the Claims for Fund #2042 Riverboat is $55, and Fund #2031 Boyd Development $59, President Przybylinski asked if there were any comments and hearing none, a motion was made by Councilman Bietry, second by Councilman Dabney and approved. Motion carried 9-0. PETITIONS There were no petitions received. COMMUNICATIONS There were no communications received. RESOLUTIONS The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO DESIGNATING SEPTEMBER 16, 2018 IN MICHIGAN CITY, INDIANA AS A DAY OF CELEBRATION, RECOGNITION AND RESPECT OF THE ACHIEVEMENTS AND HERITAGE OF ALL CITIZENS OF MICHIGAN CITY OF POLISH NATIONALITY THROUGH COMMEMORATION AT THE 7 th ANNUAL POLISH HERITAGE FESTIVAL ON SEPTEMBER 16th AT INTERNATIONAL FRIENDSHIP GARDENS FOR THE PURPOSE OF ENJOYING AND CELEBRATING THE CULTURE AND HISTORY OF THE PEOPLE OF POLAND. WHEREAS, the men and women of the Polish Community of Michigan City have been an integral part of the growth and advancement of Michigan City since it was settled in 1830, stepping forward to serve the City in positions of responsibility in the areas of community, government, and church and providing exemplary service above and beyond the norm; and

4 Page 4 September 4, 2018 WHEREAS, the American Polish Consulate has recognized and supports the Polish Heritage Festival as a quality and vital effort to preserve and pass on to future generations of Polish Americans knowledge of their ancestry, history, and the culture of their homeland. NOW THEREFORE, BE IT RESOLVED that the Common Council of the City of Michigan City salutes all people, worldwide, of Polish nationality, expressing special respect and appreciation to the people of Polish ancestry who have chosen to make Michigan City their home, thereby contributing to the quality of life in our community. The City of Michigan City hereby declares, by adoption of this Resolution and its approval by the Mayor, that September 16, 2018 to be Polish Heritage Day in Michigan City and that it shall be a day of celebration of Polish history and culture and the contribution of people of Polish ancestry to Michigan City throughout its history. INTRODUCED BY: /s/ Don Przybylinski, President Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 4 th day of September, /s/ Don Przybylinski, President Michigan City Common Council President Przybylinski read the proposed resolution in its entirety. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed Resolution. Margaret Picur, 1009 Tennessee Street, addressed the Council stating she is a member of the Polish Heritage Association of Michigan City; asking the Council to vote in favor of the proposed resolution; further stating the mission of the Polish Heritage Association is to bring attention to the Polish traditions, customs and stimulate Polish pride of all through the Polish Heritage Association; thanking the Council for their support. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed Resolution; there was no response. President Przybylinski asked if there were any comments by Council members. Councilman Stimley commented that he has recently been out to Friendship Gardens and has seen the Polish Heritage Festival grow through the years and is a pretty big event right now; thanking the committee and Mrs. Picur for doing an outstanding job to highlight one of Michigan City s attractions with Friendship Gardens. President Przybylinski asked if there were any other Council comments. Councilman Hamilton made the motion to approve the proposed Resolution; second by Councilwoman Boy. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed resolution was adopted by the following vote: AYES: Council Members Boy, Dabney, Carnes, Hamilton, Przybylinski, Silvas, Simmons, Stimley and Bietry (9). NAYS: None (0).

5 Page 5 September 4, 2018 The Clerk read the following proposed resolution by title only, MICHIGAN CITY COMMON COUNCIL RESOLUTION NO APPROVING IMPLEMENTATION OF THE GUARANTEED ENERGY SAVINGS PERFORMANCE PROJECT AND NEGOTIATION OF A GUARANTEED ENERGY SAVINGS CONTRACT WITH ENERGY SYSTEMS GROUP, LLC WHEREAS, Indiana Code , as amended (the Act ) authorizes the Common Council ( Council ) of the City of Michigan City, Indiana ( City ), as a governing body, to enter into guaranteed savings contracts (a GSC ) with qualified providers in order to reduce the City s costs with respect to energy and water consumption as well as operational and related capital expenditures; and WHEREAS, the City, by and through its political subdivision, the Michigan City Sanitary District, previously issued an advertisement of a Request for Proposals for a Comprehensive Guaranteed Energy Performance Contract, to which Energy Systems Group, LLC ( ESG ) responded and, thereafter, was selected to provide performance contracting work and services described particularly within a July 26, 2017 Guaranteed Energy Savings Performance Contract between ESG and the MCSD (the MCSD Agreement ); and WHEREAS, the City reserved its right within the MCSD Agreement to evaluate, select and enter into a GSC with ESG for the performance of the same or similar guaranteed energy performance services that ESG proposed in response to the RFP for and on behalf of another department, district, or other political subdivision of the City; and WHEREAS, during a regular City Council meeting held on May 1, 2018, the City adopted Resolution No authorizing ESG to perform certain professional project evaluation and development services for the purpose of evaluating a prospective GSC; and as a result, on May 4, 2018, the City entered into a Performance Based Guaranteed Savings Contract Project Development Agreement (the PDA ) with ESG; and WHEREAS, on August 20, 2018, ESG presented to the Council its initial findings, suggestions and conceptual proposal resulting from the Detailed Engineering Evaluation services it performed pursuant to the PDA; and WHEREAS, based upon ESG s August 20, 2018 presentation, the Council desires to implement a project on behalf of the City consistent therewith as stated in Exhibit A attached hereto, subject to the procedural requirements for approving the GSC and any prospective financing agreements related thereto; and WHEREAS, in addition to authorizing the City to enter into a GSC, the Act further authorizes the City to enter into an installment payment contract (an IPC ) for the purpose of funding the cost of a GSC with ESG; and WHEREAS, the Council is in the process of evaluating separate proposals with respect to a potential IPC from different financial institutions (the Funding Institution ); and WHEREAS, following selection of a Funding Institution, negotiation of the terms of a potential IPC, and subject to the requirements of this Resolution, including final approval and execution of the GSC, if the Council, being duly advised, finds it is in the best interests of the City and its citizens, for the purpose of financing all or any portion of the GSC to enter into an IPC and coordinate escrow agreement, if applicable, in order to better serve the residents of the City, the Council will execute and deliver such IPC, together with all exhibits, schedules and attachments thereto, to be dated as of the date of its execution and delivery, by and between the City, as lessee and/or borrower, and the Funding Institution of its choosing, or its affiliate or designee, in the aggregate principal amount not to exceed $3,750,000, the proceeds of which will be used to pay for the costs of the GSC and executing and delivering the IPC, the GSC and other documents and costs related thereto (all such costs to be considered Expenditures ); and WHEREAS, this Resolution shall be considered the City s official intent to reimburse the Expenditures pursuant to 26 C.F.R (e)(1) and IC ; and

6 Page 6 September 4, 2018 WHEREAS, the City expects to pay for certain Expenditures before the execution and delivery of the GSC, and to reimburse the Expenditures with proceeds received by the City upon execution and delivery of a potential IPC and related escrow agreement, if applicable; and WHEREAS, the Council now desires to, subject to conditions listed below, (i) authorize ESG to provide final proposed reports and GSC contract documents associated with its PDA services, (ii) approve the execution and delivery of the IPC and related escrow agreement, if any, and (iii) authorize all actions in connection herewith. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MICHIGAN CITY, INDIANA, THAT: 1. The aforementioned Whereas sections are incorporated as if fully set forth herein. 2. The City hereby declares its intent to enter into a GSC with ESG, subject to the following conditions: 2.1 Council s receipt of a report from ESG detailing content required by IC (the Report ); 2.2 Council s receipt and approval of a GSC, the terms and conditions of which meet with the satisfaction of Council and its attorney; and 2.3 Council s determination, consistent with IC , that the amount it would spend on the conservation measures detailed within the GSC and Report, including Expenditures associated with the IPC, are not likely to exceed the amount to be saved in energy consumption costs and other operating costs over twenty (20) years from the date of installation of the measures included within the GSC. 3. The Council President, Mayor, and Clerk are authorized to sign the GSC, subject to the requirements herein, on behalf of the City. 4. The City hereby declares its intent that all or a portion of the GSC will be financed from an IPC, which will provide for periodic payments from money on deposit in the City s General Fund or any other legally available funds of the City, subject in all respects to annual appropriation by Council. The IPC shall have a term not to exceed twenty (20) years commencing from the date the City begins to make payments thereunder to the Funding Institution. 5. The City hereby declares its intent to execute an IPC, the terms and conditions of which meet with the satisfaction of Council and its attorney and financial advisor, if any, and which will not exceed an original aggregate principal amount of approximately $3,750, The City hereby declares its intent to reimburse the Expenditures from proceeds received by the City from the execution and delivery of the IPC and related escrow agreement, if any. 7. The Council President, Mayor, and Clerk are authorized to sign the IPC, including related and ancillary documents, schedules, exhibits and agreements, subject to the requirements herein, on behalf of the City. 8. Neither this Resolution nor the prospective IPC shall be considered as a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained within the IPC or the escrow agreement, if any, impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power. 9. If any term of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such term shall not affect any of the remaining provisions of this Resolution. 10. This Resolution shall be effective immediately upon its adoption and approval by the Mayor. ADOPTED by the Common Council of the City of Michigan City, Indiana, this 4th day of September, INTRODUCED BY: /s/ Donald Przybylinski, President Michigan City Common Council Passed by the Common Council of the City of Michigan City, Indiana, this 4 th, day of September, 2018 /s/ Don Przybylinski, President Michigan City Common Council

7 Page 7 September 4, 2018 President Przybylinski read the proposed resolution in its entirety; stating he wanted to do this because there is a lot of detail that is in this resolution, and for the public he believes they should know some of the detail and what the Council and Mayor are doing here as they are looking at spending quite a bit of money to begin with, $3.7 million dollars, but it will all be recuperated over a 20 year period through energy savings. President Przybylinski asked if there was anyone from the public who wished to comment on the proposed Resolution; there was no response. President Przybylinski asked if there were any comments by Council members. Attorney Meyer addressed the Council explaining that before they vote on approval of the proposed resolution the Council would need to vote on approving all of the projects listed on what is called Exhibit A ; further explaining these were the projects that were discussed at the Workshop; also explaining the Council did not vote at the Workshop, because it was not an official meeting for that purpose; stating this exhibit A contains the amended versions of the ECM s (energy conservation measures) discussed at that Workshop/meeting; denoting the following ECM-1 City Hall lighting refers to just providing the bulbs that can be screwed in as opposed to a more complex project that was mentioned, and ECM-6 ALT is the Zoo project without the exteriors cameras; advising the Council could either vote for all at one time or take them one at a time; stating whoever makes the motion controls. President Przybylinski addressed Attorney Meyer to clarify if the two items he mentioned would be excluded. Attorney Meyer explained no, those are included at this point and it s up to the Council to decide whether it wants to include any or all of the projects listed on Exhibit A; further explaining if the Council does not move forward with any of the projects listed then there is no project; continuing to explain it is up to the Council to decide which ones of these projects they want to be included in the contract with ESG (Energy Savings Group) and whatever you decide eventually will be Exhibit A to this Resolution; also advising that Mr. Legler from ESG is present this evening if there are any questions for him. President Przybylinski reiterated that Mr. Legler was here this evening if there were any questions; asking if anyone from the Council had any questions for Mr. Legler; commenting that there were 5 Council members at the Workshop/meeting that was held last week; advising he was not present due to a funeral he chose to attend; continuing to comment if any of the other Council members who did not attend the Workshop/meeting had any questions for Mr. Legler, he would be happy to answer them now. President Przybylinski asked if there were any other Council comments; there was no response. President Przybylinski asked if there were any projects that the Council would like to vote on or is not happy with and would like to have taken off the list. Councilman Bietry made the motion to approve the list as submitted; second by Councilwoman Boy. President Przybylinski asked if there were any other comments by Council members; there was no response.

8 Page 8 September 4, 2018 President Przybylinski reiterated there was a motion by Councilman Bietry to vote on the list as submitted, and second by Councilwoman Boy; asking Clerk Neulieb to call the vote. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed Exhibit A /list of projects was adopted by the following vote: AYES: Council Members Dabney, Carnes, Hamilton, Przybylinski, Silvas, Simmons, Stimley, Bietry and Boy (9). NAYS: None (0). Discussion ensued between Councilman Hamilton and Attorney Meyer regarding whether or not the Council should have excluded the project that excluded the cameras at the zoo. Attorney Meyer stated the discussion at the workshop was that a consensus was that they did not want the exterior cameras, so Mr. Legler prepared this deleting the exterior cameras for ECM-6, which is why it is called ALT (alternate), because the original had the cameras included; advising the Council just voted to do the project but exclude the exterior cameras. President Przybylinski asked if there were any other comments from the Council on the proposed resolution Councilwoman Boy made the motion to approve the proposed Resolution; second by Councilwoman Carnes. President Przybylinski asked if there were any other questions or comments from the general public or Council and hearing none the proposed resolution was adopted by the following vote: AYES: Council Members Carnes, Hamilton, Przybylinski, Silvas, Simmons, Stimley, Bietry, Boy and Dabney (9). NAYS: None (0). President Przybylinski thanked Mr. Dan Legler for all the information and hard work; and his associate Paul for all his hard work on this project; further commenting on the savings to be gained for the city from this project. ORDINANCE President Przybylinski advised there were no proposed Ordinances on the Agenda this evening. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. COMMENTS FROM THE PUBLIC President Przybylinski asked if there were any comments from the public. Valerie Mrak, 307 Washington Park Boulevard, addressed the Council announcing that herself and Esther Guncheon of The Nest are establishing a Toast Masters Club in Michigan City; explaining a Toast Masters Club is a social environment to improve public speaking; commenting that FORBES Magazine reported that the number 1 benefit of having a Toast Masters or being a member of Toast Masters is increased confidence, better inter-personal skills and more component leadership; advising they

9 Page 9 September 4, 2018 will be meeting at The Nest on Monday, September 17, 2018 at 6:30 p.m.; inviting everyone to attend. President Przybylinski asked if there were any other comments from the public; there was no response. COMMENTS FROM THE COUNCIL President Przybylinski asked if there were any comments from the Council. Councilman Dabney commented on Toast Masters and his experience with the organization/group; also, commenting on the house explosion in the Eastport Neighborhood on Saturday and the damage that was done to the house and surrounding properties; advising he was working on starting a Go Fund Me page to help raise money for the people who were affected by this. President Przybylinski advised he wanted to close out the meeting tonight with a tribute to Yvonne Hoffmaster, who was the City s Assistant City Controller, who has retired and worked for the City of Michigan City for thirty-four (34) years; commenting on Mrs. Hoffmaster s years of service and the different jobs she performed during that time; thanking Mrs. Hoffmaster for all her years of service and her professionalism, and patience with him when he was asking questions and needing information; continuing to comment on the matter; wishing Mrs. Hoffmaster well in her retirement. Councilman Simmons thanked Mrs. Hoffmaster for her dedicated service; commenting on working with her when he was the Chief of Police; wishing her well. President Przybylinski asked if there were any other comments from the Council; there was no response; asking for a motion to adjourn. Councilwoman Boy made the motion to adjourn; second by Councilman Dabney. ADJOURNMENT A motion by Councilwoman Boy, supported by Councilman Dabney and there being no further business to transact, President Przybylinski declared the meeting ADJOURNED (approximately 7:17 p.m.) Gale A. Neulieb, City Clerk