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» Welcome to the board of works meeting.
Will you please stand and join me for
the pledge of allegiance?
To the flag of the United States of
America and to the
stands, one nation under God,
indivisible, with liberty and justice
for all.
» All right, if we could do our uh roll
call.
>> Mayor Bont
>> here.
>> Member Newell. Member Lewis
>> here. Member Farcus, member Mleta
>> here.
>> All right. Did everyone have a chance to
look at the minutes? Is there any uh
comments on the minutes or a motion to
approve?
>> Make a motion to approve the minutes.
>> I'll second the motion.
>> We have a motion and a second. All in
favor, please signify by saying I.
>> I.
>> All right. Now, we have uh no unfinished
business. We get to new business. We
have solicitors permit for Great Lakes
Contracting LLC. Would you like to come
up?
You don't have to, but it's up to you.
» Good morning.
Um,
I know the solicitor's permit thing has
been something that's come up on uh some
social media and stuff like that, but we
are requesting a solicitor's permit. Um,
we are a portage business. Um, we're
located right here on Mcool Road. Um,
and I guess there's a lot of things that
I can go over, but I guess the biggest
thing is are there specific like
questions that the board needs answered
other than the application that we
already provided as to what our business
is and how it conducts those business
practices.
>> I think my only question just for
clarification because a solicitor's
permit is about going just doortodoor.
Um, I don't know if the right word is
indiscriminately, but it's basically
just going to a neighborhood, knocking
on every door, and offering somebody the
services. I know that something that you
guys do, and I mean this because it's
part of what you do, is like if
somebody's had a fire or they've had
damage to the home, you going to a house
that's had a fire or damage as you do
now, just to clarify, is not in
violation of anything, nor has it ever
been, because you're coming to a
specific property to address a specific
thing. I just want to make sure that you
know that because what you're asking for
is the ability to just go doortodoor
offering services. Is that correct?
>> That is correct. Obviously, we're in a
unique situation that's come upon our
city right now, which makes it so that
we have vast amounts of damages
throughout a lot of areas, right? Um so,
um would I say going to every single
door? No. it would be identifying ones
that um appear that
something would need to be done. Um with
that um being said, I know it's been
kind of brought up on like other types
of solicitation efforts other than going
to someone's door, right?
Um,
so the biggest thing for us is, you
know, when we're doing social media um,
advertising, it's essentially impossible
to sit in front of a homeowner and
explain to them, you know, what is
necessary for temporary protection of a
home and what kind of would be required
um, from your insurance company for that
type of action. Also, it's hard to
explain to them, you know, how do you
explain to a homeowner on a on a
platform of like, hey, these are the
requirements to document personal
property correctly. These are the
requirements on how to um you know,
mitigate water damages or mitigate
microbial growth damages. Those things
are very hard to explain to people
without being in front of them. Um,
furthermore, the uh I brought the packet
that we literally give to homeowners
when we walk away from them, but about
80% of the information that we give to
homeowners is actually just general
information. Um, even to the extent of
one of the documents that we give
homeowners is actually a document that
says their right to choose a contractor
after a loss. Right? So, even if they
don't choose our company, we don't
really care as long as they're informed
about this is what's going to happen
afterwards. And that's kind of the
biggest thing because most people don't
know. Um, and what Portage is going to
find out, like I've been to several
disaster areas. What we're going to find
out here in about the 60 to 90 day
period is that's when homeowners are
going to start getting frustrated and
they're not going to know what to do.
having information like this really
helps them with that.
>> So
my problem with with with it is first
off I commend you for coming in and
wanting to do it legally because right
now we're going through a problem.
There's a lot of companies coming from
all over the place that are out knocking
on doors that are not doing it legally.
Um but we've been very consistent in the
last couple of years unless it's a
school organization
um raising money for you know some
sports team or something. We've not
allowed door-to-door solicitation
because that's the people of Portage
don't want it. Um, which is why we've
not done it. And again, I think what
you're I think what you're offering is a
good service. Um, but I think you're
going to be mixed in there with a bunch
of the others that are out there that
maybe are some of them might even
unscrupulous that are knocking on doors
and I think it's just going to frustrate
people. So for that reason I I
unfortunately I'd have to say no from my
standpoint to to this.
>> Yeah. Essentially though what is the
alternative?
>> So you have a you have a permitting.
>> You're an independent business. I'm sure
you don't understand that you can
advertise, you can through social media,
you can do mailers, and I know all those
things are expensive, but
um you know, we've denied this multiple
times to other companies, and I I think
it would
I I I don't I just doesn't make sense to
me. I we've been very consistent with
it, and we if we start making exceptions
in there, and then I'm not sure we'll be
able to deny anybody legally.
I think that you can have some written
standards and that's something that I
think we might want to explore. We used
to have vigorous debates about sidewalk
waivers and eventually we kind of came
around to a uniform policy on sidewalk
waivers. When I review the idea of like
what would it be to be a solicitor who'd
be approved? I mean to me my first
questions are is it a local company
which you are so that's like a check
mark you know for you. Um is advertising
a particular issue? Um, I don't mean any
offense to some of the companies we've
turned down, but it's been like Surf,
Internet, Frontier, Comcast, companies
with like million-dollar budgets and
everyone's familiar with the product. To
your point, the different things offered
are often something that's easier
understood in person. I am a bit
concerned about though because of the
nature of the business. This is not
about you or the company. How many
people like you that maybe aren't local
could make the case of this is hard to
explain and now we've got a question of
what companies within the industry are
we approving and not? The other thing
I've always thought about too is is it a
new company, which I don't know if
that's fair, but it's always been on the
mind. That's why for me, I just wanted
to kind of make sure that you you guys
asking for this is not based on a
concern of not being able to reach
people who are damaged because certainly
if there's a damaged home in the area
right now, you do. And to be fair,
everyone has the ability to knock on the
door and say, "Hey, I see that your home
is damaged. My company does that." And
by doing that, you're not in violation
of any solicitor rules. as as ironic or
weird as it might sound, it's when
you're knocking on doortodoor going to
every place, but that's what falls under
the realm of doortodoor solicitation. I
guess I'm trying to get at is individual
solicitation is not against the city
ordinance. Similar to man, I don't even
know if uh I guess hypothetically the
Comcast guy could be driving around and
someone could be kicking his TV or
throwing it out and say, "Hey, I saw you
throwing your TV out. Are you mad about
your TV service?" I happen to be the
Comcast guy.
He's not breaking our rules in in that
very not probably going to happen
example because he's introducing himself
and he's identifying that there's
somebody needing something. That's why I
wanted to ask if you felt that there was
a concern that your rules don't allow
you currently to go to damaged homes
because I mean they certainly do.
>> Well, I guess that's definitely
something that I didn't perceive within
the policy was that like I'm not looking
to go to every single house in Portage,
right? If there's places that are not
damaged, I wouldn't go there.
>> Yeah. So, that's that's the that's the
doortodoor. And again, I'm I'm in a spot
where on one hand, I absolutely get what
you're saying and about some of the
uniqueness of your company and on the
other hand, I get Andy's point, but
that's why I want to check to make sure,
let's say that it was a bright sunny day
and there appear to be no homes damaged
in a neighborhood. you uh with your
information knocking on doors just to
tell people that your company exists and
these are the services you offer.
>> That's door-to-door solicitation. You
going to a home that you think is in
need? And again, I you ask me like whose
definition is a home in need? Really,
the only thing we can go by is two
things, of course. One, if you're
knocking on every door and somebody's
concerned because you're knocking on
every door, you know, going around a
whole neighborhood. And to be fair, if
every house has holes in it or damage on
it, that's still not door-to-door
solicitation. The other thing, of
course, is just it allows somebody to
say, "Hey, this person won't leave my
property or I'd like this person to go
when they're not, which there's a
threshold for that, even without
solicitation."
I guess my question, yeah, to you is is
um if you're concerned that our current
rules don't allow you to go to homes
that are damaged after the storm, it
does. You're within your right to go to
homes that are damaged by the storm
right now. The issue would be just going
indiscriminately to homes just to let
them know what you offer. And if you
still want that, then you're still in
the right place to apply for the
petition. I just want to make sure that
you understood the difference.
>> Okay. Yeah,
>> it sounds like the mayor might be giving
you an out here.
>> I think so.
>> Close. I just want to make sure that
everyone's kind of in agreement with
that.
>> Definitely my view. Um, and again, just
speaking as a board of works member,
that's kind of my call. Now, again, in
the event that you're Now, to be fair, I
I'm trying to think of a neighborhood
that doesn't have damage right now.
Cardinal Crossings, maybe.
Say you were walking around Cardinal
Crossings and you're knocking on every
door. And every time somebody answers
the door, you're just giving them
information and the person says, "Well,
my house isn't damaged." And you were to
say, "Well, I know your house isn't
damaged. I just want you to know that
we're around." That's solicitation
doortodoor, what we regulate. But if
you're approaching a home because
there's damage on it and you want them
to let you know that you're a company
that does the damage, that's not
door-to-door solicitation that we
regulate. Now, if that person still
tells you to leave and you don't, then
there's a separate issue. But I think
you know that already.
>> Okay.
>> But Dan, he doesn't need the solicitor's
permit to do what the mayor suggested he
do. So hearing the issue framed, I mean,
I think the mayor's articulated that
well. The only other caveat I would put
on is just make sure that you're not
entering like active disaster scenes,
active fire scenes, active police
scenes. As long as it's, you know, as
long as the pathway is clear and there's
no tape around it or anything like that,
then yes, you're
as the mayor outlined, it's this is a
different case. So it would be okay.
>> You're talking about like an act of fire
or like an act of, you know, something
going on.
>> Yeah. Because like the fire department,
the police department have the ability,
you know, under law to like to lock down
a scene while they're conducting their
investigation. But once that is
released, then companies can come
forward and start talking to homeowners
when there is a need for that service.
So this is not doortodoor. This is just
being there for people to let them know
what you do. And we've, you as the mayor
articulated, that's what we're allowed.
>> That's not what Chris Crayle told me.
>> We're not going to get into that right
now.
>> I'm joking. I'm joking. But yeah, I mean
I know you. I know what you guys do. I
appreciate what you do. My understanding
is that what you guys do as I've seen it
would never be a violation of our
doortodoor policy. It would be if you
were just going on every single door
just given information as long as you
are, I guess the way I would say it,
identifying a home that's in need and
offering it. You know, it's not really a
door-to-d dooror solicitation. Again,
you're welcome to apply for doortodoor.
I just don't know if this board's going
to pass it or at least Andy doesn't
sound like he's going to pass it. But I
wanted to make sure you know what you
can do regardless.
>> Okay. Um, no, that makes sense. I guess
that's that's the only reason why we
applied for it because we wanted to
follow the rules and I don't
>> we totally appreciate that.
>> Yeah. I didn't I didn't realize that
that's how they would be essentially
interpreted, I guess. But
>> gets a little bit weird because you got
to even ask yourself legally speaking
what counts as anything, right? But
essentially, it's just if there's five
houses on a street and you're just
knocking on their door to let them know
that you exist and here's what you
offer. You know, that's doortodoor
solicitation.
>> Okay?
>> If there's five houses on the street and
they all have a tree on the roof or they
all have been burned down, you going
door to door, even if you are going from
one to the other, that's not
solicitation because you are identifying
a particular need.
>> Okay? I'm sure eventually some Comcast
guy or some company is going to claim it
doesn't look like this house has cable.
I better knock on the door. But
[laughter] yeah, right. Okay.
>> Cross that bridge we get there.
>> And again, I think we all appreciate the
fact that they're coming in to ask to do
this legally because most don't.
>> Okay. I mean, I think if that's the
case, I mean, I think at this time we
can rescend our
request because it doesn't it doesn't
fit our business model if that's how
it's defined.
>> Gotcha. And again, you've got us, you
know, and if you'd like anything like
defined, you know, by you I don't even
know if you ever need something from us
just to clarify, hey, this is not the
same thing. Happy to do that, too.
>> Okay. Appreciate it.
>> Thank you.
And that gets us to lifeline collection
contract approval.
>> Sure. If anyone's speaking on that or if
that's just you, Dan,
>> I'll uh I'll go ahead and get started
and Roy, if you want to head up. Um
so a month or two ago the fire
department approached me to start
discussing um consolidating
um the contract for
collecting
uh delinquent ambulance collections and
unifying it with our actual uh existing
contract that runs the actual billing
software. And so what was presented was
that um through the good work of the
fire department, they've determined that
unifying the two contracts is going to
save the city a significant amount of
money, be a lot smoother, and so what Royy's going to describe a little
bit more in detail is this unification
of the contracts. What I have before you
is something that we were thinking
about. It's a resolution permitting the
signing of this contract to unify the
two contracts. And then at some point in
the future when, you know, I can get
with the the fire department to do this,
we're going to actually release an RFP
for a combined uh billing and collection
service. But right now, for the
convenience of the city and to save
significant amounts of money, we're
going to unify the two contracts. So,
you know, if you want to go through some
of the some of the savings that you've
discovered, Roy, and all that, that'd be
I think it'd be instructive to the
board.
>> Sure. So, [clears throat] the the
previous contract was under Eagle
Collections, which does a lot of uh
different government uh collections, and
they don't necessarily concentrate on
medical collections per se. They can do
it. Uh but with our ambulance billing
company and the separate collections
contract
uh there were a lot of different hiccups
that that go along. One would be just
the fact that the collections company uh
and has a 30% fee. Whatever they
collect, they get 30% of it currently.
Uh where this uh company or the
subsidiary of our billing company is
only 20%. So, right off the bat, that's
10% uh savings for that. The other thing
is if somebody was to say uh they go by
ambulance, they don't provide insurance
information, the they don't respond to
the billing company for whatever reason,
and it goes to collections, and then
they respond back and they say that
we're filing for a hardship because
we're we're down our luck. We don't have
the money. if we do that to withdraw it
from collections is a 15% fee against
the city. So by by being generous and
waving off that ambulance bill uh we
would actually be owing this collections
company uh 15% where if we do it through
the ambulance billing company we won't
have that. The other challenges that you
run into with the ambulance billing is
people have a certain time to respond
with their insurance and they don't
respond within a timely manner to the
bill itself and it goes to collections.
There was no way when it was submitted
to the other collections agency to pull
it back and then try to resubmit it to
insurance. It was like a oneanddone
deal. this gives us an avenue to
withdraw that and uh try to do what's
best for the uh patients on there and
also opens up for hardship uh and other
potential changes down the line for for
uh the community.
>> So again, as part of the review, you um
you Roy and I have personally been
working on this for quite a while. Um, I just absolutely have to compliment the
fire department for discovering all of
this, um, sifting through a lot of
complicated collections work, uh,
identifying savings, identifying
efficiency. And so a a motion uh to
approve this resolution would be a
motion to allow us to transition to this
new contract, unify the two contracts,
and then get started on a follow-on
request for proposals to see if there's
additional savings that we could get by
doing a unified uh billing and
collections contract. So that's that's
what's going on here. But again, a lot
of a lot of compliments going out to the
fire department for figuring out all of
these savings.
I I'll second that. Thank you for taking
the time, making the effort to find
that. And I'll certainly make a motion
to approve resolution number 26.
>> I'll second.
» We have a motion and a second. All in
favor, please signify by saying I
>> I And uh for the record, um Carrie will
have to figure out what what resolution
number I just couldn't remember what
number we were on, so that's my fault. I
apologize.
>> That's fine. I just texted uh Liz, too,
so maybe I'll get it by the end of the
meeting.
>> Yeah. Okay, great. Yeah, we'll we'll
announce that when we when we get it.
» All right, that'll get us to the FEMA
reimburseable work contracts. Uh Dan,
did you want to explain this one?
>> Yes. All right, so um you you may know
that uh a rather sign significant storm
hit Portage recently. um we are still
under a city and state declared
emergency and so one of the things we're
sorting out is how long these
emergencies last and what our
flexibility is in terms of procurement.
So, uh, one of the things that we have
discovered is that there are a lot of folks out there that
assist with, uh, with FEMA paperwork,
with monitoring services, with tree and
debris removal services. And these
services kind of create a three-legged
stool. And so, what what cities,
municipalities, what counties are are
looking to do is to put together three
companies to do all three legs of the
stool. Um, our team has done a whole lot
of work and and and collected and
reviewed a lot of pamphlets and so we
have what we feel are are three very
qualified organizations that can do all
three legs of this stool. Um, what we're
unclear right now is how the FEMA
reimbursement is going to work. So what
you have before you are three separate
contracts that we feel if the FEMA
reimbursement comes through like we
think and pending some additional
research I'd like to do on some
procurement procedures during emergency
you know operations uh the contracts in
front of you we are looking to discuss
those and possibly approve today with a
caveat. So I will I will state this
right now. So, what we're looking to do
right now is have a motion to approve
the awarding to the three contractors
that are that that are in front of you
and those contracts pending legal review
and clarification of the state and FEMA
emergency purchasing procedures and
pending clarification of funding
reimbursement and payment schedules. So,
that's going to be the motion that
someone can make. But right now, I'd
like to open up to additional questions
because this is a this is a confusing um
and sometimes uh uh difficult to parse
through time because this is new to a
whole lot of counties and cities up here
in Northwest Indiana.
>> Yeah. To put it simply, I mean, this is
something I know the team spent a great
deal, one vetting the companies
involved, and two, we made sure that as
far as we know, like legally speaking,
we got all ducks in a row. I think it
makes sense that we want to do
definitely a check to make sure that
what we're doing is consistent with the
FEMA, you know, policies. And also, I
think that it's important that we have a
payment schedule that works for the city
because even if we get reimbursed by
FEMA, we need to make sure that we're
negotiating a payment schedule that
matches the cash on hand, which is where
I think Dan articulated the motion
perfectly there.
So Dan, I just want to make sure I see
you say three contracts.
>> Well, there there will be three
contracts. Um,
>> this was uh the one that Lean just put
in front of the one
>> the one I got here. Yeah,
>> hold on. I'll I'll be right there.
repeat.
>> No, absolutely. So the the motion I'm
suggesting is to pro uh is to approve
the award to the three contractors
um representing the three contracts in
front of the board of works pending
legal review and clarification of state
and FEMA emergency purchasing procedures
and pending clarification of funding
reimbursement and payment schedules.
Okay, full stop. So, if during
additional legal review we discover that
um we're not within our emergency
purchasing procedures, which typically
last about 30 days or depending on if
these declarations had an ending date.
Also, what we have to consider is is
there actually a state of emergency?
Because even though the streets are
clear, um I believe today is the first
day for kids in Portage Township schools
to go back to school. Well, how many
limbs are still hanging and dangling
from wires? How many piles of wood are
drying and subject to falling down? And
we've got kids walking past. I mean,
there's there are many many ways to
define emergency. Um, I I I'm not going
to offer an opinion, but again, there
are there are so many different ways to
define an emergency. Um there is a lot
of findings here that show that we may
still be in such an emergency which
opens up different procedures for
procurement. So again like I I'm the
stuff is fluid. Um we're literally
debating this and the team of uh but the
team of consultants involved here they
absolutely believe we are and they are
showing how we are. There's no confusion
there on their part and I don't think
that there's really confusion on our
part. We just want to make sure that our
numbers and make sure that our language
matches the one that they're providing
because I think that as long as what
they presented to us holds up
completely, we're good with these
contracts, but we want to have the
ability to hold off if there is a
problem presented by the state or the
And we also believe
>> completely understand. I just wanted to
know how to word that.
>> Yeah. No, absolutely. Yeah. You I mean,
so
>> Oh, you could you you could just say so
moved because I've already articulated
the motion. Um, so that that would be my
recommend. But, uh, again, like we there
there's so much research and work going
into this behind the scenes. We don't
want to wait. The last thing we need is
to wait two weeks to the next board of
works meeting and having all of this
debris and, you know, and and things
dangling when we could have people
starting work within the next day or
two.
>> So, Dan, I think someone's about to say
probably so moved or something to that
effect.
» So moved.
>> Seconded. So, we have a motion and a
second. All in favor, please signify by
saying I.
>> I.
>> Thank you.
» I lost my agenda. Here it is.
Oh, that gets us to the uh board of
works claims for 82526. Did everyone
have a chance to read? And was there any
questions for him?
Make a motion we approve the claims in
the amount of $525,116.
» Second.
>> We have a motion and a second. All in
favor, please signify by saying I.
>> I.
Payroll claims for 8726.
Make a motion. We approve the payroll
claims for 8726
in the amount of $2,76,4101.
» Second.
>> We have a motion in a second. All in
favor, please signify by saying I.
>> I.
Any other uh matters to come before Oh,
do we have any bulk appeals?
>> No, mayor.
>> Okay. Any other matters to come before
this board? Mr. Cherry, how
>> you're on a roll, Tom? not
>> oddly enough.
Um, so this was kind of last minute
because of ticket sales, but Ready to
Live Entertainment, who does the Founder
Square, the bigger concerts, um, they're
doing a concert Saturday night, August
29th, this coming Saturday. Um because
ticket sales have gone well, they'd like
to get permission from the board of
works to close PFC Steven Circle Way
just north of the fire station and just
north of South Founder Square. So it'll
still be accessible, the square will be
accessible from Main Street north of
that. So Rolley and everybody, you know,
everyone's going to have access to the
square. So, just that little strip to
the east of Founder Square. Uh, I have
verified with police and and fire. Have
they Okay, police and fire have been um
notified. Everyone's okay with the plans
and just need that little road closure
for Saturday night.
>> I make a motion we approve the road
closure for Saturday, August 29th.
» Second.
>> All in favor, please signify by saying
I.
>> I.
>> Any motion? Oh, Tracy, do you need
something?
>> Mhm.
>> Oh, yes.
» Hello. Um, so with the storm that we've
all been talking about, there's been um
several residents who have been calling
the clerk treasures office. Their homes
have been destroyed, so trees down on
them. They're unlivable.
um they're requesting trash um to be
stopped and sanitary which is not
involved here. That'll be in another
meeting. But they're asking for their
dash trash to be halted. What we're kind
of thinking on this, it's more on the
sanitary way than the trash way, is if
we can halt them for like the snowbirds,
like we what we do with the snowbirds to
stop them for four months and then they
come back and request show their
contractors
work and what it's doing because trash
is a little easier. Trash starts showing
up there. We know people are living
there for the sanitary. It's a little
more difficult. I can't see through the
wall to see if they got a toilet. So,
um, that's what I'm asking to be
approved, that these residents that call
in and we verify that their house is
destroyed, they bring in photos, that
kind of stuff, that we're allowed to
suspend their trash fee for four months
and then they have to request it again.
>> I think that makes sense to me,
especially because I mean, and again,
they don't have to be present here just
as they're not present here right now.
They several of them I spoke to had
medical emergencies and stuff they had
to do today.
>> I think the fourmonth is a good policy
because it gives us a way to check.
Again, it's like Tracy said, it's
important that we have a cut off date
even if it's renewed. So that you know,
you want to believe of course that
everybody and I'm sure almost if not
everybody is really in the situation,
but in the event somebody, you know,
starts, you know, coming back to the
house and putting trash out, you want to
make sure that we're watching that.
>> Is there a motion? one made.
>> I make a motion that we approve a
fourmonth forgiveness or a delay. What
do you want to call that?
>> I think it's a vacate.
>> It's a vacate. Like vacate.
>> I make a motion we approve a four-month
vacate like we do for snowbirds. So
people whose homes were destroyed um
have a reprieve until they get back in
their home.
>> Second.
>> We have a motion and a second. All in
favor, please signify by saying I.
>> I. Thank you.
>> Thank you. Any other matters to bring
before the board hearing? None. Is there
a motion to adjurnn? A
>> motion to adjurnn.
>> Second.
>> All in favor say I. I.
>> I.