10/11/04 Board of Public Works Minutes

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SPECIAL MEETING OCTOBER 15, 2004 A special meeting of the Board of Public Works was convened at 2:35 p.m. on Friday, October 15, 2004, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar and Attorney John Livingston, APPROVAL OF AGREEMENT - SALE OF ASSETS - BENCHWARMERS Mr. Gilot stated that the Board is in receipt of an Agreement for the Sale of Assets for Benchwarmers Sports Lounge and the City of South Bend,in the amount of$55,649.60. Mr. Chuck Leone, City Attorney, was present and indicated that the City filed suit against Benchwarmers in June of 2003 for nuisance proceedings. Police Chief Thomas Fautz estimated the City of South Bend incurred a cost of approximately $60,000.00 for overtime police assistance in this area, resulting from problems occurring in or around Benchwarmers. The purchase of the assets will be a substantial savings to the City of South Bend. The City has an opportunity to purchase the assets under the lease with the building that Benchwarmers resides in. This includes all the fixtures within the building. A list of these assets, which appear to be replacement values of items in the building, was presented to the Board by Mr. Leone. In addition, the liquor license will be placed in Escrow. All searches for liens and/or judgements have been performed. The City of South Bend will not assume any liability or liens in this transaction. Mr. Bodnar stated that I.C. 5-22-10-1 provides a number of methods and circumstances in which it is not necessary to follow a bidding process. I.C. 5-22-10-5 states: "A purchasing agent may make a special purchase where there exists a unique opportunity to obtain supplies or services at a substantial savings to the governmental body". Furthermore, I.C. 5-22-10-14 allows for purchase when there is only one source of supply and the written determination of that fact by the purchasing agency. Finally, there is also a separate requirement set forth in I.C. 5-22-10-2 that: A special purchase must be made with competition as is practicable under the circumstances. Given the materials, this special purchase meets the requirement of I.C. 5-22-10-1 Therefore,upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement for the Sale of Assets was approved and executed. APPROVAL OF RIGHT OF WAY EASEMENTS Mr. John Livingston presented right-of-way easements in conjunction with the Bendix Relocation project along Meade Street in South Bend's west side, as submitted. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the easements were approved. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 2:55 p.m. BOARD OF PUBLIC WORKS Gary . Gilot, Preside Carl P. Littrell, Member Donald E. Inks, Member Angela K` acob, Cl`rk