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HomeMy WebLinkAbout02/05/96 Board of Public Works MinutesREGULAR MEETING FEBRUARY 5, 1996 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, February 5, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the minutes of the regular meeting of the Board held on January 29, 1996, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - GEM & MINERAL SHOW Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant, as submitted by Ms. Margaret Heinek, 7091 East Park Lane, New Carlisle, Indiana, to be held at the Century Center, on Friday through Sunday, April 12 through 14, 1996, from 2:00 p.m. until 7:00 p.m. on April 12; from 10:00 a.m. until 6:00 p.m. on April 13; and from 10:00 a.m. until 4:00 p.m. on April 14, to conduct the sale of gems, minerals, fossils, jewelry, etc. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Department. Ms. Margaret Heinek, 7091 East Park Lane, New Carlisle, was present, and stated that the Gem & Mineral Show has been held in South Bend for the past two (2) years, and has been successful, therefore recommends approval. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the license application was approved. PUBLIC HEARING - APPLICATION FOR TAXICAB DRIVER'S LICENSE - REVEREND FRAZIER D. GILBERT Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Taxicab Driver's License for Reverend Frazier D. Gilbert, Jr. Reverend Gilbert arrived at 10:00 a.m., therefore the Public Hearing was held at that time. Anne Bruneel and Jenny Manier recused themselves from the Public Hearing. Mr. Charles Leone, Attorney, 105 East Jefferson, South Bend, Indiana, and Ann -Carol Simons, Assistant City Attorney, were present to hear the case, with Mr. Leone, as attorney to conduct the case, and Ms. Simons, representing the City of South Bend. Mr. Leone advised Reverend Gilbert that this Public Hearing was a hearing for his appeal to the Board of Public Works for an Application for a Taxicab Driver's License, and at this time, he could give reasons to appeal this decision. Ms. Simons submitted a written Statement of the Reasons for Denial of a Taxicab Operator's License to the Board, which was accepted. A copy of this was also submitted to Captain Tim Corbett. Captain Corbett recommended denial of the license, based on the evidence. Mr. Caldwell asked Captain Corbett about Reverend Gilbert's driving record. Captain Corbett indicated his driving record shows numerous suspensions since September of 1995, and failure to pay and file insurance. Captain Corbett found the documentation correct as submitted. Ms. Simons stated that the reasons for the denial included an examination of Reverend Frazier's driving record. Captain Corbett did investigate his record, and there was a history of seven (7) suspensions from 1988 to 1995. Because of this alarming number, Captain Corbett recommended denial. Additionally, there is a sufficient cause for concern for the public, in that there was no respect or responsibility for the public's safety, as shown by the driving record. Reverend Frazier's driving record shows a speeding violation in September of 1988, license suspensions, failure to appear in court, and a seat belt issue. Captain Corbett indicated that he thoroughly examines the driving record of each taxi cab license applicant, as well as any criminal history. Additionally, Reverend Frazier has several arrests, some of which are felonies, fraud, burglary, battery, and domestic violence. Z REGULAR MEETING FEBRUARY 5. 1996 Captain Corbett stated that by granting him a license would be a disservice to the citizens of the community. Ms. Simons noted that Reverend Frazier listed Yellow Cab Company as the company he was driving for, and questioned him how he was driving without an approved license. Reverend Frazier indicated that he was using a receipt until he procured the approved license. He also stated that he had no moving violations since 1990. However, the driving record indicated a suspension from October 11, 1995 through October 18, 1995. Reverend Frazier indicated that he knew nothing about this incident, and thought he had cleared it up. Reverend Gilbert submitted to the Board an Indiana Driver Report, which the Board accepted.. Mr. Leone asked if any one else had any further questions regarding this matter, or if Reverend Frazier wished to make any additional comments. Reverend Frazier stated that he has not been in any trouble except for the suspension he was not aware of. He stated that he has `turned the other way' in his behavior, and tries to be a law abiding citizen. He works for a security company, which shows that they took a "chance" with him. Mr. Caldwell asked Reverend Frazier if he had been driving while waiting for his license to be approved. Anne Simons indicated that he must first have a license to drive for a cab company. Reverend Frazier stated that he uses a receipt which is given to him until the application is approved. Captain Corbett stated that he has never heard of that. Reverend Frazier indicated that is Yellow Cab's policy with the applications. Additionally, he stated that the airport sometimes asks them to leave upon showing just a receipt, and sometimes they don't. Captain Corbett stated that two (2) different social security numbers were used by Reverend Frazier. Mr. Caldwell was concerned with his driving record, failure to pay, misrepresentation, failure to fill out the application in full, his numerous suspensions and traffic problems, and therefore made a motion to deny the license application. Mr. Leszczynski seconded the motion which carried. Additionally, Mr. Caldwell asked that the Board contact all the Cab Companies, to advise them that a taxi cab operator using a receipt in lieu of a license, is in violation of the City ordinance. APPROVE AGREEMENT AND ADDENDUM I - MANAGED PHARMACEUTICAL BENEFITS - MANAGED INDEMNITY PROGRAM - PCS HEALTH SYSTEMS, INC. Mr. Leszczynski advised that the Board is in receipt of an Agreement for the purpose of delineating the terms and conditions under which PCS shall provide certain managed pharmaceutical benefit services to the City of South Bend between the City of South Bend, and PCS Health Systems, Inc., 1411 Opus Place, Downers Grove, Illinois by and through the Board of Public Works. Additionally submitted was Addendum I, covering fees, member authorizations, formulary, force majeure, limitations, terms, and governing law. Therefore, upon a motion made by Mr. Caldwell seconded by Mrs. Manier and carried, the Agreement and Addendum I were approved and executed. APPROVE CHANGE ORDER - CENTURY CENTER REMODELING - PROJECT NO. 94-84 Mr. Leszczynski advised that Mr. Joseph Mathews, Mathews-Purucker-Anella, Inc., 218 South Frances Street, South Bend, Indiana, has submitted Change Order No. G-15, on behalf of Reinke Construction, Post Office Box 3095, South Bend, Indiana, indicating that the Contract completion date be changed from December 15, 1995 to February 16, 1995. The contract sum remains at $2,389,225.55. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order was approved. APPROVE CHANGE ORDER - UNDERGROUND STORAGE TANKS - PROJECT NO. 94-40 Mr. Leszczynski advised Mr. Bob Allen, Public Construction Manager, has submitted Change Order No. 7, on behalf of Advanced Pollution Technologists, Ltd., 3505 North Home Street, Mishawaka, Indiana indicating that the Contract amount be increased $12,579.00 for a new Contract sum including this Change Order in the amount of $212,498.00. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order was approved. Ell REGULAR MEETING FEBRUARY 5. 1996 APPROVE PROJECT COMPLETION AFFIDAVIT - STUDEBAKER NATIONAL MUSEUM - ELECTRICAL REPAIRS - PROJECT NO. 95-48 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of McDaniel Fire Systems, 1055 West Joliet, Valparaiso, Indiana, for the above referred to project, indicating a final cost of $14,966.00. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT S- COLLEGE FOOTBALL HALL OF FAME - PROJECT NO. 93-09 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the following Project Completion Affidavits for the above referred to project and recommended approval: Contractor Project Atta, Inc. Life Cast Figures Harmon Contract Glass/Glazing/Curtainwall Havel Brothers Temperature Controls St. Joe Valley Steel Connecting Reinke Construction Masonry Shambaugh & Sons Fire Protection Johnson Controls Security System Final Contract Sum $259,550.00 $303,349.75 $ 79,566.22 $595,838.97 $378,506.74 $ 80,722.98 $ 55,141.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Project Completion Affidavits were approved. AWARD BID - ABANDONED VEHICLES Mr. Gary Libbey, Department of Code Enforcement, advised the Board that on January 29, 1996, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the bids as follows: K AUTO SALVAGE 56670 Sonora Road South Bend, Indiana 46619 Red Tag Vehicle Year VIN Bid 27022 Chevy 1983 1 G 1 AE77P 1 DJ 103115 $109.00 27113 Ford 1978 8A3017210665 $101.00 27208 Pontiac 1986 1G2JB3504G7523097 $123.00 TOTAL $333.00 STEVE & GENE'S AUTO TRUCK SALVAGE 3109 Gertrude Street South Bend, Indiana 46614 Red Tag Vehicle Year VIN 27042 Olds 1982 1G3AB69R2CW339279 TOTAL SUPER AUTO 3300 South Main Street South Bend, Indiana 46614 Bid $47.95 $47.95 REGULAR MEETING FEBRUARY 5. 1996 Red Tag Vehicle Year VIN Bid 26534 Ford 1974 F25YLU54783 $129.00 26976 Oldsmobile 1978 3R47H8D465249 $ 89.89 27041 Pontiac 1984 1 G2AB2702E7319046 $ 49.95 27192 Oldsmobile 1980 1G3AX69Y7BM252710 $131.00 27558 Ford 1984 1FAB922R3EK180958 $ 63.79 TOTAL $462.68 DAVID W. EDMONDS 1919 Ontario Niles, Michigan 49120 Red Tag Vehicle Year VIN Bid 27526 Ford 1983 1FAB90428DW265256 $ 76.76 27579 Ford 1977 X25SKZ06928 $175.76 TOTAL $252.52 Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Caldwell seconded the motion which carried. AWARD BID - MEDIUM HEAVY DUTY AMBULANCE - FIRE DEPARTMENT Fire Chief Luther Taylor advised the Board that on December 18, 1995, bids were received and opened for the above referred to equipment. After reviewing those bids, Chief Taylor recommends that the Board award the bid to Horton Emergency Vehicles of Columbus, Ohio, represented by Goggan and Associates, 50811 Killian Lane, Elkhart, Indiana, in the amount of $114,545.00. Chief Taylor noted that the bid of $108,500.00 from Trusty Professional Vehicles Sales Inc. failed to meet the specifications and with the additional costs added to the original bid, was the highest bid submitted in response to the request. The following items were exceptions on items not shown in their proposal, therefore non -responsive to the bid specifications: 1. Side Door A door height was specified to meet the various height of patients and Medics. The door height of 65" does not meet specifications. 2. Modular Door Construction The style of the door construction and door seals were specified for two reasons: 1. Durability over a period of expected life of the ambulance. 2. Cost saving of repair and replacement of door seals. The style bid may be easily damaged by the use of the compartments. This does not meet the specifications. 3. Oxygen Delivery System Standards Providing a safe and responsive system is essential in providing care to patients. The use of high pressure oxygen lines in the patient area is a safety issue not desired by the Fire Department. In the event of an electrical failure, the oxygen system shall be equipped with a manual bypass to maintain patient care. The system bid does not meet specifications. 4. Electrical Distribution Center A Solid State Circuit System is the most reliable and cost efficient system available. The Fire Department required the Code III Soft Touch System, which adds $3,900.00 to the bid price. After meeting with Med Tec Electrical Engineer, there are concerns with the installation of the system. 1 0 REGULAR MEETING 5. Items not included in the bid proposal Fuel fired hot water booster adds an additional $3,500.00. FEBRUARY 5. 1996 The bid of Marque, Inc. for $110,965.00 failed to meet specifications. After reviewing the specifications with representatives of Marque Inc., the Fire Department asked that they place in writing what they plan to provide as to the Unit they bid. As of this date, no written documentation has been received from Marque Inc. as to their bid proposal. Marque,, Inc. is taking exception entirely to the specifications and they have an open end delivery date. The Fire Department feels that when specifications are written, they are asking for a Unit that meets the needs of the Department and to provide a Unit that will last the projected life of the Unit. The open end delivery is unacceptable, due to the fact that the Fire Department has a reserve Unit in service and delivery is important to place the new Unit in service as soon as possible. Also, what they have indicated verbally are the following exceptions that do not meet the specifications. 1. Exterior compartment shelving 2. Modular door construction 3. Interior cabinet distribution center 4. Electrical distribution center 5. Primary interior lighting 6. Patient area heating/air conditioning Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Leszczynski seconded the motion which carried. APPROVAL OF RECOMMENDATION - LICENSE RENEWAL OF RUBBISH AND GARBAGE REMOVAL SERVICE - CARTER BUCHANAN Mr. Leszczynski stated that favorable recommendations have been received by the Department of Code Enforcement for a license renewal of Rubbish and Garbage Removal Service for Carter Buchanan, 121 North Wellington, South Bend, Indiana. It was also noted that the Bureau of Solid Waste has inspected the vehicles to be used in conjunction with this service. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the License Application was approved. ADOPT RESOLUTION NO.6-1996 - DISPOSAL OF OBSOLETE CITY -OWNED PROPERTY Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 6 - 1996 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) WATER TRAILER - TAG # 419-8 ONE (1) SAW TRAILER - TAG #419-9 WHEREAS, Indiana Code 36-1-11-60 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. 0 REGULAR MEETING FEBRUARY 5. 1996 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said equipment may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 5th day of February, 1996. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 5-1996 - DISPOSAL OF OBSOLETE CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 5 - 1996 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) 1985 PIRSCH MIDI PUMPER, MODEL NO. 7000 G.M.C. TOP KICK VIN # 1GDM7D141FV627175 ONE (1) 1988 MCCOY MILLER HEAVY DUTY RESCUE UNIT, MODEL NO. C71)042 G.M.C. TOP KICK, VIN # 1GDM7D1Y6JV510510 TWO (2) GAS FIRED CIRCULAR HOSE DRYERS, MODEL NOS. MH867 1 /SERIAL NO. P417411; MODEL MH8671/SERIAL NO. P417447 WHEREAS, Indiana Code 36-1-11-6(b) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of more than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, the sale of said equipment shall be advertised in accordance with I.C. 5-3-1, that sealed bids be accepted according to said advertisement, and that said property be sold to the highest responsible bidder. ADOPTED this 5th day of February, 1996. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA 1 LJ ul M REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk FEBRUARY 5. 1996 s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SALE OF ONE (1) 1985 PIRSCH MIDI PUMPER,• ONE (1) 1988 MCCOY MILLER HEAVY DUTY RESCUE UNIT• AND TWO (2) GAS FIRED CIRCULAR HOSE DRYERS - FIRE DEPARTMENT In a memorandum to the Board, Fire Chief Luther Taylor, requested permission to advertise for the receipt of bids for the sale of the above referred to Fire Department equipment. Chief Taylor stated that this equipment was declared obsolete by Resolution No. 5-1996. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request to advertise for the sale of the above listed equipment was approved. APPROVE WASTEWATER DISCHARGE PERMITS In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Wastewater Discharge Permits and recommended approval: Ziker Cleaners 251 East Sample Street South Bend, Indiana 2. Van Waters & Rogers 59865 Market Street South Bend, Indiana Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Wastewater Discharge Permits for the above mentioned businesses were approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following two (2) traffic control devices were approved: REVISED: No Parking Tow Zone LOCATION: 100 West Bowman North and South Side REMARKS: Continuous parking violations; area congested with Macdonald's and factory traffic REVISED: No Parking Tow Zone LOCATION: 1916 South Main t 2026 South Main, East Side REMARKS: Continuous parking violations APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,575,973.99, dated January 29, 1996, and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mrs. Manier seconded the motion which carried. REGULAR MEETING FEBRUARY 5. 1996 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the meeting adjourned at 10:25 a.m. BOARD OF PUBLIC WORKS ohn E. Leszczynski, esident ames ldwell, Member ?Jen4ny,P s Manier, Member ArT,T\EST: Angela k. Jacob, CIA J