03/12/1979 Board of Public Works Minutes

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REGULAR MEETING MARCH 12, 1979 gone unchecked by the licensee, . indicating he condones the acts. We would like the Board to deny the renewal of the pool hall license. Mr. McLaughlin then reviewed the police reports put into evidence. He noted that the report of 11/8/78 indicated Mr. Brinson was not present, the report of 12/12/78 indicated Mr. Brinson was present but no arrest made, 1/1/78, Mr. Brinson was present but no arrests made by the Police Department. There is no evidence that Mr. Brinson was present when the Police Department made arrests on the premises. Mr. McMahon asked if Mr, Brinson was not responsible for activities within the establishment even if he was not present. Mr. McLaughlin said we are dealing with the specifics. of the licensing ordinance, not overall. Mr. Mullen says that Mr. Brinson was conducting the pool hall in such a manner as to permit gambling on the premises, contrary to state and federal laws. Mr. Brinson was not conducting activities contrary to the laws, either federal or state. Mr. Brinson was not conducting those premises so as to violate any laws. Mr. Masters said the evidence was supported to indicate Mr. Brinson has been present in the back room of the pool hall. Evidence has established that the back room of the pool hall contained gambling devices for gambling purposes. That evidence supports Mr. Brinson's knowledge of the presence of those devices in his premises. The evidence shows that he had knowledge of the activities and allowed them to go on in his premises. Mr. McMahon asked Captain Smith if the Police officers normally confiscate gambling equipment. Captain Smith said not necessarily. Mr. McMahon asked why not and Captain Smith said they try to confiscate dice cards and small items but tables are not confiscated. There is some differen(cecof opinion of the Prosecutor's Office about the confiscating of evidence such as a dice table. Mr. McMahon said, as the Hearing Officer, he would continue this matter until March 26 at which time he would submit a ruling. Mr. Masters and Mr. McLaughlin were advised they could submit any written information to Mr, McMahon for his review. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. PROCEEDINGS CLOSED This being the date set, h.ear�in:g was held on the Assessment Roll with respect to Vacation Resolution No. 3468 for the vacation of the first east --west alley south of Colfax Avenue, east from Birdsell Street to the first north -south alley, a distance of 115.5 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There was no one present to speak on the Assessment Roll and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Poll listing $0.00 net benefits and $0.00 net damages was approved and said resolution is in all things ratified and confirmed and said proceedings closed. LETTER RE: OLD FIRE STATION EIGHT Chief Oscar Van Wiele submitted a letter to the Board advising that the Fire Department has a need for additional storage area and would like to use old Fire Station Eight at 135 S. Olive for that purpose. The building is now vacant. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the letter and determined that the station would not be rented or sold while the Fire Department has need for it.