02/05/96 Board of Public Works Minutes

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REGULAR MEETING FEBRUARY 5, 1996 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, February 5, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on January 29, 1996, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - GEM & MINERAL SHOW Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant, as submitted by Ms. Margaret Heinek, 7091 East Park Lane, New Carlisle, Indiana, to be held at the Century Center, on Friday through Sunday, April 12 through 14, 1996, from 2:00 p.m. until 7:00 p.m. on April 12; from 10:00 a.m. until 6:00 p.m. on April 13; and from 10:00 a.m. until 4:00 p.m. on April 14, to conduct the sale of gems, minerals, fossils, jewelry, etc. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Department. Ms. Margaret Heinek, 7091 East Park Lane, New Carlisle, was present, and stated that the Gem & Mineral Show has been held in South Bend for the past two (2) years, and has been successful, therefore recommends approval. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the license application was approved. PUBLIC HEARING - APPLICATION FOR TAXICAB DRIVER'S LICENSE - REVEREND FRAZIER D. GILBERT Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Taxicab Driver's License for Reverend Frazier D. Gilbert, Jr. Reverend Gilbert arrived at 10:00 a.m., therefore the Public Hearing was held at that time. Anne Bruneel and Jenny Manier recused themselves from the Public Hearing. Mr. Charles Leone, Attorney, 105 East Jefferson, South Bend, Indiana, and Ann -Carol Simons, Assistant City Attorney, were present to hear the case, with Mr. Leone, as attorney to conduct the case, and Ms. Simons, representing the City of South Bend. Mr. Leone advised Reverend Gilbert that this Public Hearing was a hearing for his appeal to the Board of Public Works for an Application for a Taxicab Driver's License, and at this time, he could give reasons to appeal this decision. Ms. Simons submitted a written Statement of the Reasons for Denial of a Taxicab Operator's License to the Board, which was accepted. A copy of this was also submitted to Captain Tim Corbett. Captain Corbett recommended denial of the license, based on the evidence. Mr. Caldwell asked Captain Corbett about Reverend Gilbert's driving record. Captain Corbett indicated his driving record shows numerous suspensions since September of 1995, and failure to pay and file insurance. Captain Corbett found the documentation correct as submitted. Ms. Simons stated that the reasons for the denial included an examination of Reverend Frazier's driving record. Captain Corbett did investigate his record, and there was a history of seven (7) suspensions from 1988 to 1995. Because of this alarming number, Captain Corbett recommended denial. Additionally, there is a sufficient cause for concern for the public, in that there was no respect or responsibility for the public's safety, as shown by the driving record. Reverend Frazier's driving record shows a speeding violation in September of 1988, license suspensions, failure to appear in court, and a seat belt issue. Captain Corbett indicated that he thoroughly examines the driving record of each taxi cab license applicant, as well as any criminal history. Additionally, Reverend Frazier has several arrests, some of which are felonies, fraud, burglary, battery, and domestic violence.