04/23/84 Board of Public Works Minutes

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WIN REGULAR MEETING APRIL 23, 1984 The regular meeting of the. Board of 9:00 a.m. on Monday, April 23, 1984, with Mr. Leszczynski, Mr. Richard L. present.Also present was Assistant Pfotenhauer. MINUTES OF PREVIOUS MEETING APPROVED Public Works was convened at by President John E. Leszczynski, Hill and Mr. Michael L. Vance City Attorney Carolyn V. Upon a motion made by Mr. Vance,.seconded by Mr. Leszczynski and carried, the minutes of the April 16, 1984, regular meeting of the Board were approved. PUBLIC HEARING ON TAXICAB DRIVER'S LICENSE DENIAL AND SUBSEQUENT APPROVAL OF LICENSE O.C. DICKERSON Mr. Leszczynski advised that this was the date set for the Board's public hearing on the matter of the denial of a Taxicab Driver's License for Mr. O.C. Dickerson, 3816 Eastmont Drive, South Bend, Indiana. It was noted that Mr. Dickerson's request for a Taxicab Driver's License was denied by the Board on April 9, 1984 as a Police Department investigation indicated that Mr. Dickerson's driver's license is currently suspended until May 7, 1984, and Mr. Dickerson was given the opportunity for a public hearing on the matter, said public hearing being held today. Mr. Dickerson and Mr. Victor McFadden, Attorney at Law, 220 South Taylor Street, South Bend, Indiana, representing Mr. O.C. Dickerson were present and Mr. McFadden addressed members of the Board. He explained to the Board the details surrounding the incident which resulted in the temporary suspension of Mr. Dickerson's driver's license. He advised that in November of 1983, while looking for the home of his brother-in-law on Fillmore Road, Mr. Dickerson drove off the side of the road. A St. Joseph County police officer observing Mr. Dickerson driving off the side of the road, pulled him over and detected alcohol on his breath. Mr. Dickerson was taken to the St. Joseph County Sheriff's Department and given a test to determine his level of intoxication. The test indicated that Mr. Dickerson'-s alcohol level was at .10. Mr. McFadden advised that the officer administering the test kept hitting the machine in order to get the reading and indicated that the machine had not been working properly. Upon Mr. McFadden being advised of the fact that the machine had not been acting properly, he filed a Motion for Discovery asking for the records of the test. As the Prosecutors office did not or could not comply with Discovery, under the circumstances, a compromise was worked out and the Driving Under the Influence charge.was lessened to a Reckless Driving charge and the DUI dismissed. In the meantime, the Bureau of Motor Vehicles received certification from the court that Mr. Dickerson's license was suspended for DUI. Mr. McFadden showed members of the Board a letter which he sent to the Bureau of Motor Vehicles along with a copy of the court docket sheet advising that because of the lesser charge against Mr. Dickerson, his license should be returned as.there was no court suspension for the charge of reckless driving. Mr. Dickerson has received his license from the Bureau of Motor Vehicles after paying a replacement fee and at this time his license is clear with no suspension pending. Mr. McFadden advised that he has known Mr. Dickerson for many years and asked the Board to reconsider the matter favorably and permit Mr. Dickerson to drive a taxicab -in this community. In response to Mr. Hill's question, Mr. McFadden advised that at the time Mr. Dickerson drove off the side of the road he was in his private vehicle. Mr. Hill advised that when the Board had a public hearing in October of 1983 concerning Mr. Dickerson's past record, the Board at that time acknowledged that Mr. Dickerson resolved his prior drinking problem and noted that the last drink- ing offense was in 1975. Given Mr. Dickerson's sincerity, the 0