04/12/10 Board of Public Works Minutes

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PUBLIC AGENDA SESSION APRIL 8, 2010 94 The Public Agenda Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, April $, 2010, by Board President Mr. Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald Inks was absent. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. ADOPT RESOLUTION NO. 19-2010 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 19-2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: VARIOUS COMPUTERS AND COMPUTER EQUIPMENT -VARIOUS DEPARTMENTS WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and/or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 12th day of April, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk RE VEST TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - 1320 HILLCREST ROAD Mr. Gilot advised at the previous Board of Works Agenda Session of March 1$, 2010, the Board took testimony from interested citizens and voted to table the above request to encroach upon the public right-of--way until after Legal review and advisement. Mr. Gilot noted the encroachment has been there for some time and impedes travel in the right-of--way. He stated the Board heard from neighbors and others on issues that the Board has no aethority over, but the access by the Fire and Police Departments in the travel-way is an issue the Board needs to look at. Mr. Gilot stated the Legal Department has given him a legal tree to show what options the Board has. The Board can approve the encroachment, but a lot of case law says that would be a permanent encroachment in the right-of--way and that is contrary to what the law recommends. If the encroachment is in the travel-way, the Board does not have to approve. Mr. Gilot stated if the Board denies the request, and condemns the property so the alley can be relocated, the property owner becomes the victim. Board Attorney, Cheryl Greene added that the fact that you realign the alley does not eliminate the fact that you have an encroachment; it just moves it and makes it wider. Mr. Gilot noted the third option is the alley could be vacated but access issues between