04/28/1980 Board of Public Works Minutes

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413 REGULAR MEETING A regular meeting of the Board of Public 9:40 a.m., on Monday, April 28, 1980, by McMahon, with Mr. McMahon, Mr. Richard L. E. Kernan present. Deputy City Attorney also present. MINUTES OF PREVIOUS MEETING APPROVED APRIL 28. 1980 Works was convened at President Patrick M. Hill and Mr. Joseph Terry A. Crone was Upon a motion made by Mr. Kernan, seconded by Mr. McMahon and carried, the minutes of the April 21, 1980, meeting of the Board were approved as submitted. AGENDA ITEM ADDED Mr. McMahon stated that the Board would consider the extension of the consulting agreement with Thomas J. Brunner, Jr. for services performed relating to the First Bank Center and Century Mall projects, after approval of the traffic control devices. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. 3487, 1980 (FIRST EAST -WEST ALLEY NORTH OF WESTERN AVENUE) This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3487, 1980 for the vacation of the first east -west alley north of Western Avenue, running west from Illinois Street to the east line.of the intersection of the north -south alley for a distance of 129 feet (in LaSalle Park, 2nd Sub.). The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. The Assessment Roll lists $0.00 net benefits and $0.00 net damages to abutting property. No remonstra- tors were present and no written remonstrances were filed with the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Assessment Roll was approved and said resolu- tion is in all things ratified and confirmed and said proceedings closed. HEARING- DENIAL OF TAXI LICENSES (STEVE PAUL BOTKA AND DONALD E. OVERBAY) The Board had received the applications of Steve Paul Botka, 55152 Melrose, South Bend, Indiana, and Donald E. Overbay, 23819 West Edison Road, South Bend, Indiana, for taxi cab licenses, and had, at its meeting on March 24, 1980, denied the applications upon the recommendation of City Controller Joseph E. Kernan. Mr. Botka and Mr. Overbay had both been advised of the Board's decision and of their rights for a hearing on the matter. A hearing had originally been scheduled on March 31, 1980, however, Mr. Botka and Mr. Overbay had not been present and had requested another hearing date. Mr. McMahon turned the hearings over to Mr. Crone who advised Mr. Botka that the Police Department had recommended denial of his application and the Controller had concurred in that denial based upon a history of arrests and convictions. He asked Mr. Botka to explain the circumstances surrounding his conviction of larceny in August, 1971. Mr. Botka explained that he had been fined $15 and had pleaded guilty to the charge. He stated that he was employed by Kreamo Bakery and was told that employees received free loaves of bread. One night after hours, the delivery truck had been parked outside the bakery and he took a loaf of bread. He stated that he pleaded guilty to the charge because he felt he would encounter less of a hassle. Mr. Crone stated that in March, 1975, Mr. Botka had been arrested for public intoxication. He asked Mr. Botka to explain the charge. Mr. Botka stated that he did not feel he was guilty as charged. He had been involved in an argument with a couple of his friends and had been asked to leave by the owner of the premises. He had objected and was arrested, and he stated that he also pleaded guilty to the charge. Mr. Crone asked about the conviction of assault and battery and malicious mischief in February, 1980. Mr. Botka explained that the incident was a result of child visitation rights and was a confrontation with his ex -wife. He explained that he had objected to the way.his ex -wife had been treating his son and he had tried to talk with her on several occasions and she had refused to talk