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REGULAR MEETING DECEMBER 1, 1997
<br />The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, December
<br />1, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine
<br />Roemer present. Also present was Board Attorney Michelle Engel.
<br />AGENDA ITEMS ADDED
<br />Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following items
<br />were added to the agenda:
<br />- Request to Reject Proposals - State Theater Marquee Rehabilitation
<br />- Resolution No. 92-1997
<br />APPROVE MINUTES OF PREVIOUS MEETING
<br />Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the minutes of the regular
<br />meeting of the Board held on November 24, 1997, were approved.
<br />PUBLIC HEARING - CERTIFICATE OF PUBLIC CONVENIENCE - M&J ENTERPRISES
<br />LTD/D/B/A/UNIVERSAL CAB & LIMO SERVICE
<br />Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning an
<br />Application for a Certificate of Public Convenience, as submitted by Mr. James A. Guy II, 712 South
<br />Illinois Street, South Bend, Indiana.
<br />Mr. James A. Guy, 712 South Illinois Street, South Bend, Indiana, was present and stated that he has
<br />applied for a Certificate of Public Convenience several times. Mr. Guy stated that he could provide
<br />adequate service, and a new cab system would eliminate the problems of handling taxi service t0
<br />South Bend. Mr. Caldwell stated that the Legal Department had informed the Board that Mr. Guy
<br />does not have the proper insurance and that his driver's license has been suspended.
<br />Ms. Ann Carol Simons, City of South Bend Attorney's Office, was present, and stated that she has
<br />conferred with Karl Hardy, Department of Code Enforcement, and Corporal Mattie Taylor, South
<br />Bend Police Department Detective Bureau on this matter and will recommend that the application
<br />be denied. Further, Ms. Simons stated that Mr. Guy could reapply for a Certificate of Public
<br />Convenience if he could comply with the criteria.
<br />Mr. Walter Jones, 3309 Kent Lane, South Bend, Indiana, was present, and stated that Mr. Guy leases
<br />four (4) cabs to ABC Cab Company, and that there is proper insurance on the four (4) vehicles, and
<br />that Mr. Guy does not drive any of the cabs. Mr. Jones stated that the City of South Bend needs to
<br />designate the amount of cab companies that can operate in the City. Mr. Vernon Johnson, 1620
<br />Fassnacht, South Bend, Indiana, was present, and stated that he recommends denial, and that Mr.
<br />Guy has been operating a cab company for years without securing a license. Mr. Roger Woods, 207
<br />Dixie Way North, South Bend, Indiana, was present, and stated that Mr. Guy has an advertisement
<br />for his cab company in the yellow pages, and that he operates and handles calls without a license. In
<br />addition, he stated that the City needs to take a stand on limiting the number of cab companies.
<br />Corporal Mattie Taylor, South Bend Police Department, was present, and stated that a background
<br />investigation had been completed on Mr. Guy, and that his driver's license has been suspended
<br />indefinitely. Mr. Guy also has had several "failure to appear" citations, insurance violations, and
<br />speeding violations. Corporal Taylor had observed Mr. Guy driving a van which had "Universal Cab"
<br />on the vehicle, while suspended. Corporal Williams did not know at that particular time that his
<br />license had been suspended. Mr. Karl Hardy, Department of Code Enforcement, presented
<br />photographs of vehicles parked at the residence of 712 South Illinois, South Bend, Indiana, and that
<br />this address is an "A" residential area. Mr. Hardy stated that a van and passenger vehicles with
<br />"ABC" and "Universal" markings on them, as well as phone numbers on the vehicles, were observed
<br />parked at 712 South Illinois. In addition, Mr. Hardy stated that as he was taking photos of these
<br />vehicles, Mr. Guy told him that "if he proceeded taking pictures, he couldn't be responsible for his
<br />actions".
<br />Ms. Simons stated that the City has filed suit against Mr. Guy because she has had complaints about
<br />him operating illegally for two (2) years, and a heari::g was scheduled for December 22, 1997. Ms.
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