03/12/1979 Board of Public Works Minutes

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REGULAR MEETING MARCH 12 1979 411 Hawk Fire Apparatus .Bid was signed by Robert H. Noblesville, Indiana Hawk, non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - Globe #760 -M Fire Coats, with Globe #40 Liner 107.09 each 242 Coats $25,915.78 Fessco Fire & Safety Equipment Bid was signed by T. W. Niles, Michigan Spennner, non- collusion affidavit was in order and a certified check was submitted. Bid - Morning Pride. Model 2100 with Nomex Liner - 242 Coats 121.50 - $29,403.00 Morning Pride Model 2100 Coat with Nylon liner - 242 coats 117.50 - $28,435.00 Morning Pride Model 2100 Coat with Cotton liner - 242 coats 113.50 - $27,467.00 Upon motion made by Pair. McMahon, seconded by Mr. Brunner and carried, the bids were referred to the Fire Department for review and recommendation. PUBLIC HEARING ON DENIAL OF POOL HALL LICENSE - JOHN BRINSON A public hearing on the denial of a pool hall license renewal for John Brinson at 1240 W. Washington was continued until this date. Present was Assistant City Attorney James A. Plasters and Attorney Timothy McLaughlin representing Mr. Brinson. Mr. McLaughlin filed with the Board a Motion to Dismiss and a Request for Special Findings. Deputy City,Attorney Terry A. Crone advised the Board that before any action was taken, it was his recommendation that Mr. Brunner disqualify himself from participation in the hearing on this matter because of Mr. Master's position on the City Attorney's staff and that Mr. Mullen should disqualify himself from hearing this matter because he is the person who originally denied the renewal of this license and that the Board appoint Patrick McMahon to hear and decide the matter on behalf of the entire Board. Mr. Mullen moved to accept the recommendations of Mr. Crone. Mr. Brunner seconded the motion and it carried. Mr. McLaughlin then said the Motion to Dismiss should be granted. The letter issued from the Controller's Office which informed Mr. Brinson for the first time that his license was not being renewed indicated that the action was based on the Municipal Code, Section 1- 18 -(a) -5 which provides that the City may refuse to issue a license for conducting the activity in any unlawful manner. The Code Section does not indicate who, it is, on behalf of the City, who will exercise this power. It would be our position that this particular ordinance fails to specify who would exercise this very unusual power. No one, on behalf.of the City has the right to exercise it. No City official, in any capacity, has the authority to suspend Mr. Brinson's license or any other license issued by the City of South Bend, including permits such as building permits. Since the Code has failed to repose this license refusal . power in the hands of a particular City official or body, no -City. official or body has the right to exercise the license refusal power. Since the Code does not address the question of who should exercise this power, Mr. McLaughlin said he believed that the Board of Public Works does not have the power, or any one else have the