09/28/92 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 28. 1992 hours out of the cab exclusively. Mr. Don Heilman, Courtesy Cab Company, 3918 South Michigan Street, South Bend, Indiana, in response to a question from Mrs. Mueller,'stated that his company operates seventeen (17) taxicabs' which he has increased this year from twelve (12) last year. He acknowledged that he is operating more this year than last year. He also stated that the reason for this increase is because they picked up the Medicaid Account. He explained that for individuals who have Medicaid and need transportation to an approved Medicaid facility, Medicaid will pay for that taxicab fee. He noted that the cab company must be certified with Medicaid to get the business. It was also noted the Yellow Cab Company also provides this service. Mrs. Mueller inquired of Mr. Heilman if it was his opinion that there are too many other cab companies or too few. Mr. Heilman stated that if they needed more cabs they would put them on. However, seventeen (17) cabs is doing a good job for them. He stated that he changed his Certificate of Public Convenience last year from twelve (12) vehicles to seventeen (17) vehicles. Mr. Heilman inquired if each cab company came to the Deputy Controller's office each January to register their vehicles and have their cabs inspected. Mrs. Mueller explained that many years ago the Common Council passed an ordinance that required the Board of Public Works to conduct a Public Hearing to determine whether the City needed more cabs. Each individual cab company should be limited to the number of cabs the Board authorized when it approved the Certificate for Public Convenience and Necessity. What the Board should be doing is to have a limited number of cabs. However, the law has been evolving and alot of appellate cases have struck down the right of cities to do what the City of South Bend has been doing. Now the law is evolving again and Mrs. Mueller stated that in order to review the current status of the law in this regard she will recommend that the Board take this application under advisement. Mr. Heilman stated that Mr. Grady Thompson, Independent Cab Company, has had a cab on the street for years and he wondered if he is still licensed. The van Mr. Thompson utilizes says Independent Airport Limousine and is all over town. Mrs. Mueller advised that that information is public and can be secured from the Deputy Controller's office. Mrs. Mueller acknowledged that there may be some enforcement problems. Mr. Heilman also noted that Mr. Roger Woods also ran a limousine service out of the airport. Mr. Heilman stated that he was told in the past that the City would prepare a new limousine service license but to date nothing has been done on this issue. Mrs. Mueller noted that she has had discussions with an operator of one of the limousine services and has advised them that they need to secure the proper taxicab license. There being no one else present wishing to address the Board on this matter, Mr. Leszczynski made a motion that the Public Hearing be closed. Mr. Caldwell seconded the motion which carried. Further, Mrs. Mueller made a motion that this license application .be tabled in order that she can review the law concerning this matter and is able to advise the Board before they make a recommendation on this application. Mr. Caldwell seconded the motion which carried. APPROVE SUPPLEMENTAL AGREEMENT NO. 2 - COMPUTERIZED SIGNALS PHASE II Mr. Carl P. Littrell, Director, Division of Engineering, submitted to the Board Supplemental Agreement No. 2 between the City and Clyde E. Williams & Associates, Inc Mr. Littrell noted that this is a Supplement to the Agreement that was executed on