11/19/85 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 19, 1985 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, November 19, 1985, by President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine G. Barnard present. Board member Michael L. Vance was not in attendance. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the minutes of the November 12, 1985, regular meeting of the Board were approved. PUBLIC HEARING, RESCISSION OF PRIOR DENIAL AND APPROVAL OF TAXICAB DRIVER'S LICENSE - JEFF RUPE Mr. Jeff Rupe, 23768 U.S. 20, Lot #82, South Bend, Indiana, appeared before the Board concerning the recent denial of his application for a Taxicab Driver's License. It was noted that in a letter dated November 7, 1985, Mr. Michael L. Vance, Director, Administration and Finance, advised Mr. Rupe that his license application was being denied based on his past criminal record. Further in that letter, Mr. Vance stated that pursuant to Section 4-16 (a)(4) of the South Bend Municipal Code, a license may be denied for wilful activity in violation of a statute. A background check by the Police Department indicated arrests and convictions for theft in 1980 and attempted battery with a deadly weapon in 1981. Mr. Leszczynski informed Mr. Rupe that the purpose of this Public Hearing was to provide him with an opportunity to make statements in defense of the information on his application, to clarify and and to provide any other pertinent information in order for the Board to make a decision to affirm or override the denial of the license. Given this opportunity to speak, Mr. Rupe advised that he did not know what to say. In reviewing this application, Ms. Barnard questioned Mr. Rupe's response to the question "have you ever been convicted of a traffic or speeding violation" to which he answered that he had. He advised that he didn't remember what year he received the speeding ticket but advised that it was in the last couple of years probably in 1981 or 1982. In response to Mr. Leszczynski's question, Mr. Rupe stated that he has not had any traffic violations since that time. Ms. Barnard inquired of Mr. Rupe whether he has ever driven a taxicab. He advised that he has not. Further, Ms. Barnard asked Mr. Rupe to please explain the circumstances surrounding the 1981 arrest for battery with a deadly weapon. Mr. Rupe stated that he was involved in a situation where he and his brother were told by a Special Police Officer that they could not ride their bike on the sidewalk. After going on with their activities on the sidewalk they were chased by the officer, caught, and manhandled. In the scuffle, the officer's revolver came loose from his possession and Mr. Rupe was accused of attempting to take the weapon. He stated that he was much younger when this incident occurred and through a Public Defender the charge was plea bargained down to the charge for battery with a deadly weapon. In response to further questions by Ms. Barnard, Mr. Rupe advised that no shots were fired and that this incident occurred in Plymouth, Indiana, and because of the timetable in bringing the matter to trial and sentencing, he actually spent only one (1) year in the County jail in 1982 and placed on probation.