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HomeMy WebLinkAbout03/18/91 Board of Public Works MinutesREGULAR MEETING MARCH 18, 1991 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, March 18, 1991, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Chief Assistant City Attorney Jenny Pitts Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on March 11, 1991, were approved. PUBLIC HEARING - RECOMMENDATION CONTINUED - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - J.J.R. TAXI Mr. Leszczynski advised that pursuant to ordinance requirements, this was the date set for the Board's Public Hearing on the Application for a Certificate of Public Convenience and Necessity for the Operation of Taxicabs as submitted by Mr. Darnell Courtney, President, The J.J.R. Corporation, 435 East Jefferson Boulevard, Fort Wayne, Indiana. Also, pursuant to ordinance requirements, all holders of Certificates of Public Convenience and Necessity were notified of the Board's Public Hearing date. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It is noted that the Board is in receipt of a letter from Mr. Michael Liss, President, Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, indicating his opposition to the granting of a license to JJR Taxi. Mr. David Courtney, 3926 Thornberry, Fort Wayne, Indiana, was present on behalf of the applicant Mr. Darrell Courtney, President, J.J.R. Taxi, 1615 Lincolnway East, South Bend, Indiana. It is noted that the application is signed by Ms. Yvonne Reidenbach, Regional Manager. Mr. Courtney advised that JJR has been providing transportation services since 1974. With the American Disabilities Act they have to provide certain services that are not available right now for the handicapped. He noted that they have the authority with the Department of Revenue Special Tax Division but they do not have the ability to take someone to buy a pair of shoes. They do not have that ability and their authority does not allow them to provide this service. Mr. Courtney noted that they have approximately six hundred (600) clients and they think they could service them better by having a taxi service. Mr. Kevin Butler, Attorney at Law, One Michiana Square, South Bend, Indiana, representing Yellow Cab Company of South Bend, was present along with Mr. Don Humphrey of Yellow Cab. Mr. Butler advised that Ms. Joann Tiege, Manager of Yellow Cab could not be present today. Mr. Butler stated that Yellow Cab Company has been providing cab service since 1927 and has been in operation for sixty-three (63) years. They were the first cab company to provide metered cabs and two-way radios as well as being the first cab company in the State of Indiana to hire minority drivers. Mr. Butler stated that the late President of Yellow Cab, Mr. Bert Liss, thought that was important and Yellow Cab was a leader in the cab industry throughout the state and even in the country throughout the years. Right now there are twenty-three (23) office and service employees at Yellow Cab Company and in excess of sixty (60) drivers. There are forty (40) cabs and forty (40) licenses and they provide service to the entire community for twenty-four (24) hours a day three hundred sixty five (365) days a year. Only Yellow Cab and Courtesy Cab provide full service to the community. Mr. Butler stated that he would submit to the Board 1 1 C REGULAR MEETING MARCH 18, 1991 that Yellow Cab and Courtesy are the only cab companies that comply with all the requirements of the code with respect to taxi cab service. Currently there are seventy (70) licenses issued by the City and five (5) pending with recent applications for Mishawaka Cab Company. Many companies providing services only have ten (10), twelve (12) or fifteen (15) cabs operating to provide service. Section 15-11 of the City of South Bend Municipal Code requires a company to provide overall service to the community and to operate twenty-four (24) hours. All of the other companies, except Yellow Cab and Courtesy, have limited their service to the lucrative areas and leave the remaining grunt work to Yellow Cab and Courtesy Cab. Mr. Butler stated that they are concerned that JJR will be doing the same thing. That they will find a lucrative niche and provide that service and that service alone. Any new company coming into the community will take profits away from the Yellow Cab Company and Courtesy Cab Company which are already struggling. Mr. Butler stated that they believe the service to the community is more than adequate as seventy (70) cab licenses have been issued this year and five (5) more are under consideration. Mr, Butler continued by stating that Section 15-42 of the City of South Bend Municipal Code requires that the Board, in order to permit a new taxicab service within the City, must determine that there is a need and that service is required by public convenience and necessity. Yellow Cab and Courtesy Cab do provide services to people who are handicapped. He noted that the drivers provide this services, not easily at times, but they do provide and help individuals in wheelchairs and walkers. That service is provided and it is his understanding that JJR can provide that service also on contract. Mr. Butler stated that they believe that additional services are not needed in the community. If a certificate is issued for an additional company it is important that companies provide full service for there are companies struggling for many many years as a result of certain companies concentrating on hotels or the airport or the University of Notre Dame and leaving the grunt work to the other companies. In conclusion Mr. Butler stated that they respectfully request that the Board not approve this application_. Mr. Courtney addressed the Board and stated that his company has been in the community for the last sixteen (16) to seventeen (17) years and is not a new company. They employ seventy (70) people in the South Bend Area. He noted that they already provide twenty-four (24) hour service on their Medicaid runs so that service is _already being provided and they would still provide that service. Additionally, in response to Mr. Butler's comments that the Yellow Cab Company drivers do provide service to handicapped persons even though it is sometimes difficult, Mr. Courtney stated that they have no trouble providing services to the handicapped as their vans are equipped and they will always have this special niche the one that others have trouble with in that they will not service the same people. They will provide full service and they do want to provide better service for their handicapped clients. There being no further comments, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Public Hearing was closed. Mr. Leszczynski inquired of Board Attorney Jenny Pitts Manier what it is the code requires the Board to look at in this case. Ms. Manier stated that the Board is to determine whether the public convenience and necessity requires it be beneficial for additional licenses and to determine whether the applicant is fit and willing and will comply with the ordinance. Ms. Manier noted that it is required that the applicant provide full service to the community and to provide transportation of anyone calling at any time wishing to be taken to any locale and not just the Me REGULAR MEETING MARCH 18, 1991 handicapped. Conversely, current license holders must provide that same service. Ms. Manier noted that the Code does not give much guidance beyond that. Mr. Leszczynski inquired of Mr. Courtney what has changed that they are now coming to the City of South Bend for a license. Mr. Courtney stated that they have, through no fault of their own, because of a suit filed against them, had their round trip charter services revoked by the City of Fort Wayne authority. Mr. Courtney noted that this case is on appeal at the present time. Mr. Courtney stated that the other reason is because the American Disabilities Act has required that more be done for handicapped in the way of public access, restroom facilities and ramps and at the same time handicapped individuals should be afforded the same ease in this type of transportation that is available to the rest of the community. Ms. Humphreys made a motion that this matter be taken under advisement by the Board until its next regular meeting to be held on Monday, March 25, 1991 at which time a decision will be made. Mrs. DeClercq seconded the motion which carried. APPROVE UDAG REIMBURSEMENT CONTRACTS Mr. Leszczynski advised that the Department of Economic Development has submitted two (2) UDAG Reimbursement Contracts for approval. It is noted that the Contracts indicate that the City was the recipient of an Urban Development Action Grant from the Department of Housing and Urban Development and the City has received reimbursement of some of its UDAG expenditures. Because such expenditures are considered miscellaneous revenue and can be used for eligible activities under applicable HUD regulations, the City desires to use this revenue in undertaking certain activities and to engage the Agency to give certain assistance in connection with such undertakings. Therefore, the following two (2) Contracts have been submitted for approval: HUMAN RIGHTS COMMISSION TEMPORARY STAFF ACTIVITY This Contract, for the period March 1, 1991 through December 31, 1991, in the amount of $15,000.00, indicates that all funds designated for this contract are to be expended toward payment of additional contracted legal services necessitated by the large number of cases currently awaiting investigation by the Human Rights Commission. COMPUTER MAPPING ACTIVITY This Contract, for the period March 1, 1991 through December 31, 1991, in the amount of $6,000.00, indicates that funds designated for this Contract are to be expended toward the purchase of a computer mapping software system to be housed at the central station of the South Bend Police Department. Initial instruction and subsequent access to legally permissible information provided by the system will be provided to the Department of Economic Development representatives at times mutually convenient to both parties. Therefore, Mrs. DeClercq made a motion that the Contracts as submitted be approved and executed. Mr. Leszczynski seconded the motion which carried. APPROVE AGREEMENT FOR SERVICES OF REGISTRAR AND PAYING AGENT FOR 1991 TAX WARRANTS Ms. Katherine Humphreys, Director, Administration and Finance, submitted to the Board an Agreement for Services of Registrar and Paying Agent for the 1991 Tax Anticipation Time Warrants between the City of South Bend and Society Bank, Indiana. Ms. Humphreys noted that the Agreement with Society Bank is to provide paying REGULAR MEETING MARCH 18, 1991 agent and registrar services for the tax warrants as the City needs a bank to provide these services. Therefore, Mrs. DeClercq made a motion that the Agreement for Services of Registrar and Paying Agent as submitted be approved and executed. Mr. Leszczynski seconded the motion which carried. Mr. Leszczynski advised that in accordance with the bid awarded on February 11, 1991, to Bradberry Brothers, Inc., 20061 Dice Street, South Bend, Indiana, in the amount of $12,500.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Contract was approved and the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. AWARD BID - PAINTING AND FINISHING AT WASTEWATER TREATMENT PLANT In a letter to the Board, Mr. Karl R. Kopec, Manager of Operations, Division of Environmental Services, recommended that the Board award the low bid of Interstate Decorating Service, 140 North Meade Street, P.O. Box 3684, South Bend, Indiana, in the amount of $87,588.00 for the above referred to project. It is noted that bids for this project were received and opened by the Board on March 11, 1991. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the recommendation was accepted and the bid awarded. APPROVE CONFIRMATION OF SUBSTANTIAL COMPLETION - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mr. Jack Dillon, Director, Environmental Services, submitted to the Board recommendations for the confirmation of substantial completion on four (4) projects associated with the expansion to the Wastewater Treatment Plant as follows: 1. CONTRACT I - DIVISION B SUPERIOR CONSTRUCTION COMPANY, INC. Substantial completion and acceptance of Contract I Division B - Chlorination/DeChlorination Facilities by Tenney Pavoni Associates (Engineer) and the Board of Public Works, City of South Bend (Owner) on December 31, 1990. The Warranty period will begin on December 31, 1990. 2. CONTRACT III - DIVISION B SUPERIOR CONSTRUCTION COMPANY INC. Substantial Completion and Acceptance of Contract III, Division B - Air Filter System Improvements by Tenney Pavoni Associates (Engineer) and the Board of Public Works, City of South Bend, Indiana (Owner) on December 31, 1990. The Warranty period begins on October 8, 1990. Accepted contingent upon liquidated damages not being charged. 3. CONTRACT III - DIVISION A SUPERIOR CONSTRUCTION COMPANY INC. Substantial Completion and Acceptance of Contract III, Division A - Aeration System Improvements by Tenney Pavoni Associates (Engineer) and the Board of Public Works, City of South Bend, Indiana (Owner) on December 31, 1990. The warranty period for each tank will begin on the dates listed below: - Aeration Tank No. 1 - June 28, 1990 r Aeration Tank No. 2 - October 26, 1989 - Aeration Tank No. 3 - December 13, 1989 - Aeration Tank No. 4 - May 14, 1990 Accepted contingent upon liquidated damages not being charged. 82 REGULAR MEETING MARCH 18, 1991 4. CONTRACT I - DIVISION A SUPERIOR CONSTRUCTION COMPANY INC. Substantial Completion and Acceptance of Contract I, Division A - Nitrification Facilities by Tenney Pavoni Associates (Engineer) and the Board of Public Works, City of South Bend, Indiana (Owner) on February 13, 1991, except for the eight (8) items contained in the punch list which was attached to this confirmation of Substantial Completion letter. The Warranty period begins on December 31, 1990. Accepted contingent upon liquidated damages not being charged. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the four (4) letters of confirmation of Substantial Completion and Acceptance as outlined above were accepted and approved. Mrs. DeClercq seconded the motion which carried. APPROVE REQUEST FOR PUBLIC HEARING - RE: DENIAL OF TAXICAB DRIVER'S LICENSE Mr. Leszczynski advised that Mr. George J. Payton, has requested that the Board conduct a Public Hearing to review the denial of his Taxicab Driver's license. Therefore, Mrs. DeClercq made a motion that the Board conduct a Public Hearing concerning this matter on Monday, April 22, 1991 at 9:30 a.m. Ms. Humphreys seconded the motion which carried. APPROVE LICENSE APPLICATION - RUBBISH AND GARBAGE REMOVAL Mr. Leszczynski advised that the following one (1) Rubbish and Garbage Removal license application has been received: 1. Browning Ferris Industries Inc., of Indiana (BFI) 1750 West Lusher Avenue Elkhart, Indiana It was noted that inspections of the trucks to be used had been conducted by the Solid Waste Bureau and the applicant was found to be in compliance. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above license application was approved and referred to the Deputy Controller's office for issuance of a license. APPROVE TITLE SHEET (PHASE V - SANITARY - I/N KOTE SANITARY SEWER EXTENSION PROJECT SEWER PIPING) Mr. Leszczynski advised that t referred to project was being execution. Upon a motion made Mrs. DeClercq and carried, the approved and signed. he Title Sheet for the above presented at this time for by Mr. Leszczynski, seconded by above referred to Title Sheet was APPROVE RELEASE OF CONTRACTORS BOND Mr. Leszczynski advised that the Engineering Department has recommended that the Bond of Contractor for Shamrock Development, Inc., be released effective March 18, 1991. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the bond was released. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT Mr. Leszczynski advised that the Board is in receipt of two (2) lists from the Department of Code Enforcement indicating that thirty-five (35) properties were cleaned from March 4, 1991 to March 8, 1991 and that ten (10) City Owned/Miscellaneous properties were cleaned from March 4, 1991 to March 8, 1991. Mrs. DeClercq made a motion that the lists as submitted be filed. Mr. Leszczynski seconded the motion which carried. I M REGULAR MEETING MARCH 18, 1991 APPROVE CLAIMS Mr. Juan Manigault, Executive Director, Employment and Training Services, submitted a list containing two hundred nine (209) claims and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the claims were approved and the report as submitted was filed. ADJOURNMENT There being motion made carried, the no further business to come before the Board, upon a by Mr. Leszczynski, seconded by Mrs. DeClercq and meeting adjourned at 9:53 a.m. AT S T : tn �. Sandra M. Parmerlee, Clerk 1 ohn E. LeszczyrfskA Patricia E. DeClercq Kinenhifi�Hre`ys