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8. PUBLIC COMMENTS (Cont'd contract provides there be a one -year maintenance on the mechanical things and three years on the balance of it, and they hold the subcontractor responsible. The malfunctioning of the drinking fountains is within the one -year maintenance period. Bill Slabaugh with the Board of Public Works verified Ed Soltesz is correct on the drinking fountains; the problem did come up right away, and the parts were ordered right away. On Ms. Derbeck's statement that there has to be someone with the responsibility to see that the things are operating, to do it and to do it now, Mr. Slabaugh stated, "But that person that you are pointing a finger at, better HAVE THE AUTHORITY to carry out that finger pointing for the responsibility." Further lengthy discussions and questions ensued with the question directed to Legal Counsel by the Chair to explain-the legal ethics involved on the bond plan. Mr. Butler advised that if Ideal Consoli- dated cannot deliver or get delivery of the parts, through no fault of their own, then we cannot enforce the maintenance bond at this time. If it is a matter of Ideal simply sitting on their order of April and not having taken any action subsequently, then they have been dilatory. Also, at this point, if there are any other problems with the Plaza, "to let us know today, so it can be taken care of. I think the fountains have been taken care of - -if I am not mistaken all the fountains are running, but, basically, I think that the Plaza is 99% operational and a people place." Constructively, Mr. Soltesz said, "I don't disagree with this. I am talking on the public side of it, and I have about 4,200 retirees with some of them coming downtown and asking me how do we get a drink of water. It becomes a laughing stock to my piers that I have to answer to also ... because I can't answer it ... because I can't speak legally to them. The only thing that they want is a doggone drink of water; now, isn't that ironic! And a place to sit down. And, if the trees are dying, they want to know about this also. I am not a horticulturist to answer why the tree is dying. What I am saying here is that if we have to explain to the little people of this community the legal aspects of it, then we've got it all wrong... because this is not my responsibility. Being a part of the public that lives in this community that tries to make it grow, and I am not making a grand -stand speech about it, it is quite irritative when you are out here with the people." Mr. Butler said if there is any other way to repair it on a temporary basis - -if Ideal feels there is another way -- then, of course, it is something we can have them do. We can require them to do. Mr. John R. Kagel, Executive Director, Downtown South Bend Council, suggested, in the legalistic area, if possible or feasible, to have the contractor put in writing what is the part, or what is the problem, why the drinking fountains are not working, and have something legal to work on. The comparison was made with the statement that for the lack of a 10� screw, we lost a multi - million dollar rocket at one time. - 14 -