03/14/77 Board of Public Works Minutes

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11 REGULAR MEETING MARCH 14, 1977 REQUEST TO PURCHASE CITY -OWNED LOTS RECEIVED The Board received a request from Mrs. Laura Bottom to purchase a city -owned lot at.1712,S. Marietta Street and frog Laura Davis to purchase a city -owned lot at 310 14. Walnut Street. Upon notion glade by Mr. McIlahon, seconded by Mr. Brunner and carried the requests were filed and referred to the Department of Engineering, Parks, Redevelopment and Dr. George Wing for review and a recommendation as to whether the City should retain the lots for any purpose. APPROVAL OF CLAIMS Walter F.-Lantz and Michael L. Vance submitted to the Board claim docket numbers 3724 to 4238 and recor..mended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board.approved the claims and directed that checks for payment be issued. REQUEST FOP. FU14D SOLICITATION BY UNIFICATION OF WORLD CHRISTIANITY GROUP FILED The Board received a request from Attorney James Miller, on behalf of the Holy Spirit Association for the Unification of World Christianity to make solicitations from the general public on public streets and sidewalks during daylight hours for approximately one week -end each month for the next two or three months. Mr. Miller's letter indicated that the organization is a California non-profit corporation authorized to do business in the State of Indiana and intends to make solicitations of a charitable nature to support its system of worship and to maintain the places of worship. Mr. Miller advised the Board that the group made application to the Charitable Solicitations Commission. A legal opinion from the City Legal Departrent has since been received which indicates that this solicitation is exempt from the application procedure for the reason that the stated purpose of the solicitation is to support its system of worship and to maintain its churches. Based on that stated purpose, Mr. Miller said the City Legal Department advised him that the organization is not required to file an application with the Charitable Solicitations Commission. It was felt that, since the Board of Public Works enforces the ordinance regulating solicitations on the public right-of-way, this application for their permission should be submitted. Mr. Brunner noted that the organization had been before the Charitable Solicitations Commission and they denied the application because there was no local representation. Mr. Miller said that denial was appealed to the Mayor and Mr. Mikesell,_o-- the City Legal Department, has given them an opinion that they are not required to file an application with the Cormiission. Mr. Brunner said there is an exemption for bona fide religious organizations which are soliciting. There is a constitutional question involved in requiring them to meet the same requirements that other fund-raising organizations night have to meet. Mr. Brunner asked Mr. Miller whether the Commission has been advised that the organization will be fund raising in South Bend. Mr. Miller said Edwin T. Smith, President of the Conrlission, received a copy of Mr. Mikesell's opinion that the organization was exerlpt from filing an application. Mr. Brunner asked when the group would be soliciting in South Bend. Mr. Miller said they would like to come on a regular basis.for one or two week -ends a month and would like to start within the next few weeks. Mr. Brunner said there have been problems in the past with solicitations nade at intersections, particularly at intersections such as Miami and Ireland near shopping centers, where the activity has interfered with traffic. He said the Board would want to be sure such problens are avoided. Participants are not to stand in the middle of intersections. Deputy City Attorney Edward Mikesell