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REGULAR MEETING APRIL 1. 1996
<br />The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, April 1,
<br />1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and
<br />Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel.
<br />AGENDA ITEM ADDED
<br />Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, an Agenda item
<br />for a Non -Competition Agreement was added to the Agenda.
<br />APPROVE MINUTES OF PREVIOUS MEETING
<br />Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the
<br />regular meeting of the Board held on March 25, 1996, were approved.
<br />PUBLIC HEARING - TAXI DRIVER'S LICENSE APPEAL
<br />Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a taxi
<br />driver's license appeal for Mr. Scott Kelley, 510 East Colfax Avenue, South Bend, Indiana.
<br />Mr. Chuck Leone, Attorney at Law, was present to conduct the appeal. Ms. Ann Carol Simons,
<br />Assistant City Attorney, was present, representing the City Controller's office in the public hearing.
<br />Mr. Leone stated that this public hearing was for an appeal for a taxi cab driver's license, which was
<br />denied by the City Controller's Office.
<br />Ms. Simons stated that the reasons for the denial are safety concerns. The Police Department,
<br />pursuant to Municipal Code 4-61, examined Mr. Kelley's driving record and criminal history.
<br />Lt. Norval Williams, South Bend Police Department, was present, and stated that he preformed an
<br />investigation of Mr. Kelly's driving record, which found speeding and ignoring traffic signal
<br />violations. In addition, his driver's license was suspended on seven (7) occasions between June 1989
<br />and August 1995 for failure to pay fines and failure to appear in court. In addition to the driving
<br />record, Lt. Williams took into consideration Mr. Kelley's criminal record, which includes five (5)
<br />arrests between May 1989 and February 1996, and one (1) conviction for rape in 1989. All of the
<br />above information, considered together, indicates that Mr. Kelley would be a risk to the public of
<br />South Bend. Ms. Simons also indicated that Mr. Kelley has been driving a cab, but has no cab
<br />driver's license.
<br />Mr. Kelley was present, and indicated that he has been undergoing counseling, and has had no tickets
<br />in the past year. Additionally, he stated that if his license were denied, it would be financially
<br />difficult for him, as this is his sole source of income. When asked by Ms. Simons, Mr. Kelley
<br />indicated that he has been driving for Courtesy Cab, and before that, Yellow Cab Company.
<br />Ms. Carol Heilman, Courtesy Cab, 3918 South Michigan, South Bend, Indiana, was present, and
<br />indicated that she has had no complaints concerning Mr. Kelley. He has been driving for six (6)
<br />years, and there has not been a problem. She stated that he owns his own cab, and suggested the
<br />possibility of a probationary license.
<br />When asked by Ms. Simons, Ms. Heilman indicated that she was aware that he did not have a license
<br />since 1989. There being no one else present wishing to address the Board concerning this matter,
<br />the Public Hearing was closed. Based on the testimony heard today, Mr. Caldwell made a motion
<br />that the appeal be denied. Mr. Leszczynski seconded the motion which carried.
<br />OPENING OF BIDS - 1996 STREET MATERIALS
<br />This was the date set for receiving and opening of sealed bids for the above referred to materials.
<br />The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County
<br />News which were found to be sufficient. The following bids were opened and publicly read:
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