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Votes at a glance: Elkhart Board of Works approves routine contracts, change orders, permit actions and a Norfolk Southern penalty
Summary
The Elkhart City Board of Works on Jan. 7 handled a series of administrative and contract items, electing officers, approving bids and change orders, delisting a wastewater permit and assessing a penalty against Norfolk Southern.
The Elkhart City Board of Works on Jan. 7 handled a series of administrative and contract items, taking votes on officer elections, bids, change orders, contract authorizations, permit delisting and a notice-of-violation penalty.
Key outcomes: the board elected Mike Macklin as president and Jamie Arcey as vice president; it approved the Dec. 27, 2024 meeting minutes; it awarded three 2025 bids (street materials, on-call street and drainage construction, and utilities materials) to the lowest responsive bidders as presented in the bid tabulations; it approved three change orders and final payments for small drainage projects; it authorized the board president to sign a professional services agreement with Barnes & Thornburg for legal consultation on terminating tax abatements (no contract amount listed in the memorandum); it delisted Atlas Chem Milling’s Industrial Wastewater Discharge Permit No. 85-16 at 1627 West Lusher Avenue following facility closure; and it assessed a $750 penalty against Norfolk Southern for failure to respond to notices of violation issued Nov. 13, 2024.
The board approved the following specific actions (vote outcomes shown as recorded in the meeting):
- Election of officers: Mike Macklin elected president; Jamie Arcey elected vice president (motion carried unanimously).
- Approval of minutes: Regular meeting minutes for Dec. 27, 2024 approved (motion carried unanimously).
- Award Bid No. 25-01 (Street Materials 2025): Awarded to the various lowest responsive bidders at unit prices shown in the bid tabulation (motion carried unanimously).
- Award Bid No. 25-02 (On-Call Street and Drainage Construction 2025): Awarded to the lowest responsive bidders; staff noted there was only one bidder for some items and prices increased as expected (motion carried unanimously).
- Award Bid No. 25-03 (Utilities Materials 2025): Awarded to the various lowest responsive bidders (motion carried unanimously).
- Change Order No. 1 and final for Quote No. 24-21 (Hunter's Pond to Brookwood Drive drainage): Increase contract by $3,409.67 to a final contract price of $68,989.60 (motion carried unanimously). Staff said additional stone was used and the work performed well during recent rainfall.
- Change Order No. 1 and final for Quote No. 24-22 (Worthmore Avenue drainage improvements): Increase contract by $857.75 to a final contract price of $69,278.50 (motion carried unanimously). Staff said additional curb and two dry wells improved flow and residents were pleased.
- Change Order No. 1 and final for Quote No. 24-28 (Wolf Avenue drainage improvements): Motion recorded an increase of $10,143. Staff described replacing sidewalk damaged during excavation (about 46 square yards). The motion text in the transcript shows a resulting contract price of $99,965 in one place and $999,965 in another; the transcript is inconsistent on the final total. The board approved the change order.
- Professional services agreement with Barnes & Thornburg for legal consultation services related to terminating tax abatements: Board approved the agreement and later amended the motion to authorize the corporation counsel to sign on behalf of the board. The memorandum did not list a contract amount on the record.
- Delist Industrial Wastewater Discharge Permit No. 85-16 for Atlas Chem Milling at 1627 West Lusher Avenue: Board approved delisting after pretreatment staff confirmed the facility had ceased production since late 2022 and that hazardous chemicals had been removed from the site (motion carried unanimously).
- Assessment of Norfolk Southern permit No. 85-27 violation and penalty: The board assessed a $750 penalty for failure to respond to notices of violation issued Nov. 13, 2024. Staff said two penalties for late reporting were rescinded due to postmarks; the $750 relates to failure to respond to the three issued notices. The board approved the penalty (motion carried).
Meeting business concluded with a motion to adjourn.
Where the transcript did not record individual movers or seconds for motions, the meeting minutes recorded motions, seconds and unanimous ayes on the listed items.
