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HomeMy WebLinkAbout09/12/88 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 12. 1988 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, September 12, 1988 by Board President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine Humphreys present. Board member Patricia E. DeClercq was not in attendance. Also present was Assistant City Attorney Jenny Pitts-Manier. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, a request by the Neighborhood Housing Services to acquire City -owned property was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on September 6, 1988 were approved. OPENING OF PROPOSALS - DEBT COLLECTION SERVICES - DEPARTMENT OF CODE ENFORCEMENT Mr. Leszczynski advised that this was the date set for the receiving and opening of Proposals for Debt Collection Services for the Department of Code Enforcement. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following Proposals were opened and read: FEDERATED COLLECTION AGENCY Suite 138, Marycrest Building 2015 West Western Avenue South Bend, Indiana 46619 Proposal was submitted by Bob Forgash and is as follows: 1. Federated uses proven collection techniques which the firm has developed and refined during its 35 years of operation. Direct main communications, personal contact and hard to locate debtors, individuals with unreported employment, assets, telephone numbers and home addresses are aggressively pursued through skiptracing efforts. 2. Judgements are sought against viable candidates for suit with the permission of the creditor. 3. Federated Collection Agency is a member of the American Collection Association, Inc., which covers all fifty (50) states and at such time will transfer accounts when there is no response. 4. Thirty-five per cent (35%) with a 100 mile radius, forty per cent (40%) out of that area and also forty per cent (40%) if an attorney is needed. Federated will distribute Code Enforcement percentage by the 25th of the month. 5. A report with Code Enforcement percentage of accounts collected by the 25th of the month and any uncollectable accounts Federated will return at that time. MIDWEST COLLECTION SERVICES. INC. 3222 Mishawaka Avenue P.O. Box 4187 South Bend, Indiana Proposal was submitted by John N. Nickelson, President and is as follows: REGULAR MEETING SEPTEMBER 12, 1988 1 1. Midwest Collection Services, Inc. is Michiana's largest collection agency having been in business for twenty- seven (27) years and employs twenty-three (23) people. Midwest pursues the collection of accounts in adherence to all federal and state laws. Midwest utilizes letters, the telephone and the courts in the pursuance of debtors and adheres to the highest standard of professionalism. 2. The Proposal indicates that Midwest will utilize the law firm of Krisor and Nusbaum. An Addendum to the Proposal indicates that they desire to change the law firm and that they will utilize Attorney Richard Zimmerman. 3. Midwest Collection Service, Inc. collects directly in the northern half of Indiana and the southwestern portion of Michigan. They are licensed and bonded in both states, carrying a $5,000.00 bond with each state. Copies of the collection agency license were enclosed for each state. Midwest belongs to the Indiana Collectors Association, the American Collectors Association and the American Commercial Collectors Association with affiliation throughout the free world. Midwest can transfer accounts to over 3700 collection agencies throughout the world. 4. Midwest's rates would be forty per cent (40%) for accounts under six (6) months old, fifty per cent (50%) for accounts older than six (6) months and fifty per cent (50%) for suit or transfer. 5. All monies would be remitted monthly. 6. As Midwest is a completely automated collection agency, progress reports will be submitted upon request. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above Proposals were referred to the Department of Code Enforcement for review and recommendation. APPROVE AMENDED IRREVOCABLE LETTER OF CREDIT - CROSS CREEK, INC. Mr. Leszczynski advised that as some improvements have been completed by Cross Creek, Inc. their Letter of Credit is being reduced at this time from $352,000.00 to $101,265.00. Therefore, Mr. Michael P. Meeks, Director, Division of Engineering and Mr. Melvin B. Humphrey, Bureau of Design and Construction, submitted to the Board for acceptance an Amended Irrevocable Letter of Credit #S-8702 from Trustcorp Bank in the amount of $101,265.00, for the account of Cross Creek, Inc., South Bend, Indiana on behalf of the City as their guarantee to complete construction of all public improvements (street light, paving, etc.) within the limits of Cross Creek Estates by November 18, 1988. They further advised that this acceptance makes adjustments for portions of improvements already in place and will allow progress to take place orderly within the subdivision. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the Amended Irrevocable Letter of Credit as submitted was accepted and approved. FILING OF PUBLIC DISCLOSURES OF A DETERMINATION OF CONFLICT OF INTEREST Mr. Leszczynski advised that the Board is in receipt of three (3) letters from Mr. Jon R. Hunt, Executive Director, Department of Economic Development, regarding Disclosures Under 24 CFR 570.611. The letters, to be received and filed at a public meeting of the Board of Public Works of the City of South Bend, Indiana, will 6 REGULAR MEETING SEPTEMBER 12, 1988 serve as public disclosure of a determination of conflict of interest under 24 CFR 570.611 for the following persons: Paul Cornell, an employee of the Bureau of Housing who resides, but has no ownership interest, in a property under consideration for a 312 Loan. The owner meets all eligibility requirements. George Hunt, an employee of the Department of Economic Development, who has applied for a property through the homestead program and consideration for a 312 or CDBG Loan. Mr. Hunt meets all eligibility requirements. Steve Luecke, South Bend Common Council Member, an employee of South Bend Heritage Foundation and a Board member of Monroe Park Development Corporation and the Housing Development Corporation. All three (3) of these organizations have applied for 1989 CDBG funding. Public consideration and acceptance of the letters satisfies the Department of Housing and Urban Development's (HUD) regulations which require public disclosure of any potential conflict of interest involving the use of Community Development funds. This is a required step toward gaining HUD approval of the transaction. The office of the South Bend City Attorney had determined that the above referred to situations involving Mr. Paul Cornell and Mr. George Hunt do not constitute a conflict of interest under state law. The office of Economic Development will be requesting a waiver from the United States Department of Housing and Urban Development pursuant to 24 CFR 570.611. Further, the City Attorney's office has determined that the above referred to situation involving Steve Luecke does constitute a conflict of interest under state law and all proper forms are being filed to satisfy this conflict. The Department of Economic Development will be requesting a waiver from the United States Department of Housing and Urban Development pursuant to 24 CFR 570.611. Mr. Steve Luecke was present and informed those present that the conflict is due to the fact that he is a member of the South Bend Common Council which approves Community Development block grant funds and because he is an employee of South Bend Heritage which receives Community Development funds. Therefore, upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the letters as submitted were accepted for filing. APPROVE REQUESTS TO ADVERTISE FOR RECEIPT OF BIDS: - CONCRETE REPAIRS 1988 PROJECT - OLD FREDRICKSON PROPERTY IMPROVEMENTS PROJECT Mr. Leszczynski advised that Mr. Michael P. Meeks, Director, Division of Engineering, has requested permission to advertise for the receipt of bids for the above referred to projects. Mr. Leszczynski further advised that the Concrete Repairs 1988 Project entails miscellaneous concrete pavement repairs through- out the City. The Old Fredrickson Property Improvements Project includes curbs, sidewalks and street-scape improvements at the southwest corner of Lafayette and LaSalle. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above requests were approved. REQUEST OF PRO HEALTH OF SAINT JOSEPH'S MEDICAL CENTER TO CONDUCT 8TH ANNUAL_SPORTSMED 10K ROAD RACE, 1 MILE RUN FUN AND 4K WALK - 1 In a letter to the Board, Mr. Ron Craker, Race Director and Mr. Mark J. Neff, Vice -President, Saint Joseph's Medical Center, 811 MCM FWALA REGULAR MEETING SEPTEMBER 12. 1988 East Madison Street, South Bend, Indiana advised that Pro Health of Saint Joseph's Medical Center is requesting permission to conduct the 8th Annual Sportsmed 10K Road Race, a 1 Mile Fun Run and a non-competitive 4K Walk on Sunday, October 30, 1988 beginning at 2:00 p.m. and 2:05 p.m. respectively. Submitted with the request was a map and description of the routes to be utilized for these events. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST TO PURCHASE CITY -OWNED PROPERTY AT 935 AND 937 WEST LA SALLE STREET - REFERRED Mr. Lewis France, 312 Hamden Court, South Bend, Indiana, advised the Board that he is interested in purchasing the City owned properties at 935 and 937 West LaSalle Street. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation in order that a determination can be made as to whether the City need retain these properties. REQUEST OF NEIGHBORHOOD HOUSING SERVICES TO ACQUIRE CITY -OWNED PROPERTY AT 1002 & 1008 E. CEDAR, 402 N. FRANCES AND 427 N. EDDY STREET - REFERRED In a letter to the Board, Ms. Anne Mannix, Executive Director, Neighborhood Housing Services, 803 North Notre Dame Avenue, South Bend, Indiana, advised that NHS is actively involved in the redevelopment and revitalization of the northeast neighborhood and would like to acquire property owned by the City at the above referred to locations. Ms. Mannix stated that NHS is requesting that the Board allow NHS, a non-profit corporation, to purchase the lots for $1.00. Their plan would be to work with a developer for construction of attractive, middle income housing. The project will contribute to their efforts in the northeast and will be a positive addition to the neighborhood and to the City. Therefore, upon a motion made by Ms. Humphreys, seconded by,Mr. Leszczynski and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE TITLE SHEET - OLD FREDRICKSON PROPERTY IMPROVEMENTS PROJECT Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above referred to Title Sheet was approved and signed. RELEASE EXCAVATION BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Excavation Bond for Ed Bessinger d/b/a C & E Excavating be released effective October 10, 1988. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recom- mendation was accepted and the bond released. APPROVE CLAIMS Chief Deputy City Controller John D. Leisenring, submitted Claim Docket No. 13152 through Claim Docket No. 13442 and recommended approval. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the claims were approved and the report filed. REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned SEPTEMBER 12, 1988 to come before the Board, upon a seconded by Ms. Humphreys and at 9:42 a.m. ATTEST: �.10 LA�- Sandra M. Parmerlee, Clerk 1 7 �I