08/22/77 Board of Public Works Minutes

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305 REGULAR MEETING AUGUST 22, 1977 HEARING ON ASSESSMENT ROLL - VACATION.RESOLUTION NO. 3444 This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3444 for the vacation of the north -south alley south of Tutt Street to the east -west alley directly south and including the aforesaid east -west alley from Main Street to the adjacent alley. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. No remonstrators were present and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Roll showing $0.00 net damages and $0.00 net benefits was approved and said resolution is in all things ratified and confirmed and said proceedings closed. CLEAN-UP OF COLE PROPERTY ON LINDEN ROAD (GERTRUDE STREET) ORDERED The Board received a memorandum from the Board of Public Safety outlining attempts made, since January, 1976, to get the property north of 58505 Linden Road (Gertrude Street), owned by Charles Cole cleaned. Mr. Cole did not respond to an order to clean the property and W. Gaylen Allsop, Attorney for the Board of Public Safety subsequently filed an injunction in Circuit Court. That matter has not been heard and trash and debris in the area is increasing. Mr. Allsop was present and advised the Board that he has been attempting to have this matter heard in court but Mr. Cole has not appeared when it is scheduled and the judge refuses to hear the matter without Mr. Cole. The problem of trash and litter continues to increase and the litter has now spread down the the road to the entrance to Rum Village Park. Some of the trash is now on the travelled portion of the roadway. Mr. Allsop said the Court would require that the City clean up its own property before considering any action against the property owner and he asked the Board of Public Works to order the clean-up, with a determination to be made as to which portion of the clean-up is the City's responsibility. Mr. Cole would then be billed for his portion of the clean-up. Mr. Brunner said it should be noted that the City has tried to pursue the legal remedies in this matter but has not been successful. The City will continue to seek injunctive relief but, in the interim, will clean-up their property as well as Mr. Cole's property. Mr. Brunner asked Mr. McMahon if the clean-up could be started today. Mr. McMahon said it would be ordered done as soon as possible. Mr. McMahon made a motion that the Board accept Mr. Allsop Is recommendation and order the Street Department Environmental crew to take action to clean this property, making a determination as to which portion of the clean-up should be charged to Mr. Cole and which portion is the responsibility of the City. Mr. Brunner seconded the motion. Mr. Allsop is to be advised when the clean-up is completed and the total amount to be charged to Mr. Cole. Mr. Allsop indicated that he will req.uest that the St. Joseph County Health Department post "No Dumping" signs in the area following the clean-up. BID ADVERTISING APPROVED - POLICE DEPARTMENT RADIO EQUIPMENT The Board received a request from Chief Borkowski to advertise for bids for portable radios and chargers for the Police Department. The Department has applied for a Criminal Justice grant for funding and grant approval is expected on about September 9. It was requested that unit bids be sought to permit a bid acceptance in accordance with funding approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to advertise for bids for police radio equipment, with sealed bids to be received on September 6, 1977.