HomeMy WebLinkAbout05/06/86 Board of Public Works MinutesREGULAR MEETING MAY 6. 1986
The regular meeting of the Board of Public Works was convened at
9:33 a.m. on Tuesday, May 6, 1986, by President John E.
Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard
and Mr. Michael L. Vance present. Also present was Chief Deputy
City Attorney Thomas Bodnar.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Barnard, seconded by Mr. Vance, and
carried, the minutes of the April 28, 1986, regular meeting of
the Board were approved.
OPENING OF BIDS - GASOLINE AND FUEL OIL FOR CALENDAR YEAR 1986
This was the date set for receiving and opening of sealed bids
for gasoline and fuel oil for calendar year 1986. 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 bids were opened and publicly read:
PIERCETON EQUIPMENT COMPANY, INC.,
P.O. Box 233
Laketon, Indiana 46943
Bid was signed by David J. Nicol, President, Non -Collusion
Affidavit was in order and a 10% Bid Bond was submitted.
BID:
#3 260,000 Gal. Diesel Fuel
No. 1 Diesel Fuel $0.5795/G
No. 2 Diesel Fuel $0.4995/G
#4 200,000 Gal. No.-4 Fuel Oil $0.4946/G
All material furnished and delivered to the
City of South Bend in Truck Transport loads.
PETROLEUM TRADERS CORPORATION
6110 Constitution Drive
Fort Wayne, Indiana 46804-1597
Bid was signed by Diane Wroblewski and Michael Himes,
President, Non -Collusion Affidavit was in order and a 10% Bid
Bond was submitted.
BID:
300,000 Gals. Regular Leaded Gasoline.
F.O.B. South Bend, Indiana. Delivered in
Transport quantities of approximately 8,000
gallons per delivery. Total** .5342/ea. _ $160,260.00
650,000 Gals. Unleaded Gasoline. F.O.B.
South Bend, Indiana. Delivered in Transport
quantities of approx. 8,000 gallons per
delivery. Total* .5342/ea. _ $347,230.00
260,000 Gals, Diesel Fuel, F.O.B. South
Bend, Indiana. Delivered in Transport
quantities of approx. 7,000 gallons per
delivery.
65,000 #1 Diesel Fuel CLARK** .5300/ea.
65,000 #2 Diesel Fuel LAKETON** .4750/ea.
130,000 #2 Heating Fuel LAKETON** .4750/ea.
200,000 Gals. #4 Fuel Oil NO BID
100,000 Gals. Gasohol NO BID
Prices above exclude all taxes. As an Indiana
City, applicable taxes would be: Gas/State
.14 + .0008 Inspection. #2 Diesel .15 State.
#1 Diesel .15 + .0008 Inspection.
$ 34,450.00
$ 30,875.00
$ 61,750.00
REGULAR MEETING
MAY 6, 1986
Prices are subject to change. Per your escalator.
To safeguard supply, Petroleum Traders reserves the
right to provide fuels from other major brand
supplies which will meet or exceed the specifications
as outlined in bid information.
SMITH PETROLEUM, INC.
P.O. Box 5034
Fort Wayne, Indiana 46895
Bid was signed by Lonnie Wilson, General Manager, and Amie J.
Wolfe, Assistant Treasurer, Non -Collusion Affidavit was in
order and a 10% Bid Bond was submitted.
BID:
350,000 Gallons Regular Gasoline - Truck
Transport Delivery. Minimum gallons -
4,500. (.005 over Niles O.P.I.S.) .5376/ea. = $188,160.00
650,000 Gallons Unleaded Gasoline - Truck
Transport Delivery (.005 over Niles O.P.I.S.)
Minimum gallons 4.500. .5376/ea. = $349,440.00
260,000 #2 and #1 Diesel Fuel - (O.P.I.S. Average)
Minimum gallons 4,500 #1 price .5525
(7 over O.P.I.S.) .4825/ea. = $125,450.00
200,000 Gallons #4 Fuel Oil - NO BID
100,000 Gallons Gasohol - Truck Transport
Delivery - Minimum gallons 4,500.
Regular/Unleaded .5376
Alcohol 1.087 .5916/ea. _ $ 59,160.00
ESCALATION CLAUSE: Smith Petroleum, Inc. reserves
the right to increase or decrease the contract
unit price in an amount equal to any increase
or decrease instituted by the O.P.I.S. average,
Niles, Michigan. Copies of price adjustments
will be furnished to verify price changes for
the length of the contract.
All the above prices exclude all taxes.
Taxes are: $.14 State
Gasoline .0008 Inspection
Taxes are: .15 State
Diesel
SUPPLIERS: Gasoline & Fuel:
SUPPLIERS: Alcohol:
24 Hour Notice for Delivery
Ashland
Marathon
Amoco
Phillips
Cities
Sun
Koch
Total
Koch
Cities
New Energy
Prices based on O.P.I.S. as of 5/5/86 - Niles, Michigan
Alcohol based on New Energy
Mr. Leszczynski advised that Mobil Oil Corporation, P.O. Box
66568, AMF O'Hare, Illinois 60666-0568 informed the Board that
they are unable to quote on the City's requirements for gasoline
and fuel oil at this time.
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REGULAR MEETING
MAY 6, 1986
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the above bids were referred to the Bureau of Vehicle
Maintenance for review and recommendation.
OPENING OF BIDS - BENDIX DRIVE CONCRETE PAVEMENT REPAIRS PROJECT
This was the date set for receiving and opening of sealed bids
for the above referred to project. 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
bids were opened and publicly read:
ZIOLKOWSKI CONSTRUCTION, INC. BID: $122,725.00
1005 South Lafayette, Box 1106
South Bend, Indiana 46624
Bid was signed by Ben Ziolkowski, President and Roberta
Ziolkowski, Secretary, Non -Collusion Affidavit was in order
and a 5% Bid Bond was submitted.
WALSH & KELLY, INC.
24358 State Road 23
South Bend, Indiana 46614
Bid was signed by Thomas 0.
Quinn, Assistant Secretary,
order and a 5% Bid Bond was
BID: $144,165.25
Walsh, President and John R.
Non -Collusion Affidavit was in
submitted.
L.L. GEANS & SONS, INC. BID: $102,407.00
1721 North Home Street
Mishawaka, Indiana 46545
Bid was signed by Rocky R. Geans, President and Linda M.
Geans, Secretary, Non -Collusion Affidavit was in order and a
5% Bid Bond was submitted.
WRIGHT CONSTRUCTION CORPORATION BID: $148,901.50
2707 Middlebury Street
Elkhart, Indiana 46516
Bid was signed by Fred G. Wright, III, President and Barbara
A. Barnes, Assistant Corporate Secretary, Non -Collusion
Affidavit was in order and a 5% Bid Bond was submitted.
THE ROBERT HENRY CORPORATION
404 South Frances Street
P.O. Box 1407
South Bend, Indiana 46624
Bid was signed by Robert A.
Henry, Assistant Secretary,
order and a 5% Bid Bond was
BID: $111,929.80
Henry, President and Stephen R.
Non -Collusion Affidavit was in
submitted.
KANKAKEE VALLEY CONSTRUCTION CO., INC. BID: $153,485.57
P.O. Box 1471
LaPorte, Indiana 46350
Bid was signed by James B. Nelson, President and Christine S.
Nelson, Secretary, Non -Collusion Affidavit was in order and a
5% Bid Bond was submitted.
LA PORTE CONSTRUCTION CO., INC. BID: $129,558.35
P.O. Box 577
LaPorte, Indiana 46350
Bid was signed by Thomas G. Blackburn, President and Lawrence
E. Rardin, Secretary, Non -Collusion Affidavit was in order
and a 5% Bid Bond was submitted.
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REGULAR MEETING
MAY 6, 1986
RIETH-RILEY CONSTRUCTION CO., INC. BID: $113,078.40
P.O. Box 1775
South Bend, Indiana 46634
Bid was signed by Richard A. Jankowski, Area Manager,
Non -Collusion Affidavit was in order and a 5% Bid Bond was
submitted.
MC INTYRE & JONES CONSTRUCTION CO., INC. BID: $109,969.58
2526 West 6th Street
Mishawaka, Indiana 46544
Bid was signed by Kenneth A. McIntyre, President and Dorothy
McIntyre, Secretary, Non -Collusion Affidavit was in order and
a 5% Bid Bond was submitted.
Board Attorney Thomas Bodnar advised that the bid submitted by
Gaines Construction Company, Inc., 217 West Washington Center
Road, Fort Wayne, Indiana 46802 was fatally defective in that the
bid was not signed. Therefore, upon a motion made by Ms.
Barnard, seconded by Mr. Vance and carried, the bid of Gaines
Construction Company, Inc., was rejected.
Further, upon a motion made by Mr. Leszczynski, seconded by Mr.
Vance and carried, the above bids were referred to the
Engineering Department for review and recommendation.
OPENING OF BIDS - ADDITIONAL STREET MATERIALS FOR THE SOUTH BEND
STREET DEPARTMENT FOR 1986
This was the date set for receiving and opening of sealed bids
for the additional street materials for the South Bend Street
Department for 1986. 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 bids were opened and
publicly read:
BITUMINOUS MATERIALS CO., INC.
P.O. Box 1295
Warsaw, Indiana 46580
Bid was signed by Philip Ehrman, Vice -President,
Non -Collusion Affidavit was in order and a 10% Bid Bond was
submitted.
BID:
Bituminous Mat. -Dust Palative
175,000 gal. .3745/ea. _ $65,537.50
Delivered to Bureau of Streets tank.
Emulsified Asphalt - AE-905
(Styrelf) for sealing
100,000 gal. .8745/ea. _ $87,450.00
Delivered to Vendor's tank.
The bid of Bituminous indicated that bidder shall
have the right to increase the contract unit price
in an amount equal to the bidder's increase in cost
of materials and supplies occurring subsequent to
the date on which such bid is submitted (hereinafter
referred to as "base date") to the Board having
authority to award contracts. Any increase (or
decrease) in the bidder's cost of materials and
supplies after the base date shall be determined
monthly, and shall be verified by proper documents
furnished to the responsible awarding Board which
shall include proof of price to the bidder from
the bidder's source of supply.
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REGULAR MEETING
MAY 6, 1986
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Bidder may reserve the right to allocate its product
to its customers in a fair and equitable manner, if
necessary, due to the reduction of the allocation
from the source of supply to the bidder in
accordance with any directives for mandatory
allocation issued by an appropriate agency of
the Federal government.
KOCH ASPHALT COMPANY
1510 Clover Road
Mishawaka, Indiana 46545
Bid was signed by John Baumgartner,
Non -Collusion Affidavit was in order
submitted.
BID:
Bituminous Material -Tack 150 ton
Sales Representative,
and a 10% Bid Bond was
$122.40
Bituminous Mat. -Dust Palative 175,000 gal. .30
Emulsified Asphalt 600,000 gal. .50
Demurrage of $39.60 per hour after two (2)
free hours of unloading.
Alternate bid of latex modified CSS-1 $ 0.75/gal.
Additional charge of .075� per gallon
per each 1% of latex.
Mr. Leszczynski advised that Whitehead Brothers Company, P.O. Box
259 River Road, Leesburg, N.J. has advised that they are not
submitting a bid at this time.
Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr.
Vance and carried, the above bids were referred to the Division
of Transportation for review and recommendation.
PUBLIC HEARING AND CONTINUATION OF ALLEY VACATION: 1ST N/S ALLEY
E. OF EDDY ST., RUNNING NO. FROM ST. VINCENT ST. TO THE
TMMVV0V0MTTT0 V /T.T AT T VV
Mr. Leszczynski advised that this was the date set for the
Board's Public Hearing on a proposed alley vacation described as
the first north/south alley east of Eddy Street running North
from St. Vincent Street to the intersecting east/west alley for a
distance of 360 feet + all being in Hartman & Miller Addition to
the City of South Bend, St. Joseph County, Indiana.
It was noted that this Public Hearing is being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by J. Findley May, Jr.,
1105 Georgiana Street, Gene DeFauw, 1107 Georgiana Street,
Housing Authority of South Bend, 1104 North Eddy, Myron J. &
Pauline F. Busby, 1112 North Eddy Street, Wayne R. & Shirley
McMahon, 1114 N. Eddy Street, Kingdom Hall of Jehovah's
Witnesses, 1118 North Eddy Street and Johnie Johnson, 1124 North
Eddy Street, South Bend, Indiana.
It was further noted that pursuant to South Bend Municipal Code
Section 18-53.8, owners whose property abut the proposed alley to
be vacated were notified of the Board's Public Hearing date.
Mr. Johnie Johnson, 1124 North Eddy Street, South Bend, Indiana,
was present and advised the Board that the residents of the area
REGULAR MEETING
MAY 6, 1986
are concerned with the amount of vehicular traffic utilizing the
proposed alley to be vacated as it relates to the safety of the
children in the neighborhood. Therefore, they are requesting
that the alley be vacated as it is a useless alley. Mr. Johnson
stated that the alley separates his property from that of the
Kingdom Hall of Jehovah's Witness Church.
There being no one else present wishing to speak either for or
against the proposed alley vacation, and no written objections
having been filed with the Board, upon a motion made by Mr.
Leszczynski, seconded by Mr. Vance and carried, the Public
Hearing on this matter was closed.
In response to a question from Mr. Vance, Mr. Johnson advised .
that his property is across from the Church property, with those
lots being Lot #25 and Lot #26. Mr. Johnson further stated that
should the north/south alley be vacated, it would dead-end into
the east/west alley. Ms. Barnard inquired if all the individuals
listed on the Vacation Petition were contacted because signatures
did not appear by each name that was typed on the Petition form.
Mr. Johnson advised that the Jehovah Witness Church was
contacting the residents affected by this proposed vacation and
it is his understanding that a couple residents want access to
the back of their houses.
Mr. Leszczynski stated that he would like to take an additional
week to review this proposed alley vacation in order that the
Board can make a site visit of the proposed alley to be vacated
and speak to affected property owners. Therefore, upon a motion
made by Ms. Barnard, seconded by Mr. Vance and carried, the
Board's recommendation regarding this proposed alley vacation was
tabled for one (1) week with a decision to be made at the Board
meeting to be held on May 13, 1986.
APPROVE COMMUNITY DEVELOPMENT CONTRACT
The following Community Development Contract was presented to the
Board for approval:
HISTORIC PRESERVATION COMMISSION
HISTORIC PRESERVATION SURVEY RECORDS MANAGEMENT ACTIVITY
The targeted goal for this activity is to update the Historic
Sites and Structure Inventory and transfer the inventory
information onto state forms. The update will include more
thorough information as well as additional photographs.
The total cost of this activity shall not exceed $2,340.00
Upon a motion made by Ms. Barnard, seconded by Mr. Vance and
carried, the above Contract was approved and executed.
APPROVE
Mr. Leszczynski advised that pursuant to Resolution No. 9-1985,
establishing policies and fees for foot races and similar events,
adopted by the Board of Public Works on March 4, 1985, the
sponsor of the following event has fulfilled resolution
requirements and the appropriate Agreement is being presented to
the Board at this time:
16th Annual River Run
May 10, 1986
It was noted that on April 30, 1986, the Board of Public Works
approved the request to conduct this event.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the Agreement as submitted was approved and executed.
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REGULAR MEETING MAY 6, 1986
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APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF
ABANDONED VEHICLES
Ms. Katherine Barnard, Director, Department of Code Enforcement,
requested permission to advertise for the sale of approximately
twenty-five (25) abandoned vehicles, which are being stored at
Steve & Gene's Auto & Truck Salvage and Repair, 3109 South
Gertrude Street, South Bend, Indiana. It was noted that all
vehicles have been stored more than fifteen (15) days,
identification checks had been run for auto theft and the owners
and lienholders notified. Upon a motion made by Mr. Leszczynski,
seconded by Ms. Barnard and carried, the above request was
approved and a date of May 20, 1986 was established for the
receiving and opening of sealed bids.
APPROVE REQUEST OF WEST SIDE MEMORIAL COMMITTEE TO CONDUCT
MEMORIAL DAY PARADE - MAY 26, 1986
In a letter to the Board, Ms. Adeline Waslicki-Jaskowiak,
Secretary, West Side Memorial Committee, requested permission to
conduct the annual Memorial Day Parade on Monday, May 26, 1986
beginning at 8:00 a.m, utilizing the following route:
Assemble at 8:00 a.m. at Olive and Ford Street. Move out at
8:30 a.m. proceeding west on Ford Street past Pierre Navarre
School and disbanding at Summit Drive.
Ms. Waslicki-Jaskowiak further advised that the parade should
take approximately one and one-half (1 1/2) hours.
Upon a motion made by Mr. Leszczynski, seconded by Ms. Vance and
carried, the annual request as submitted was approved.
REQUEST TO CLOSE RIVERSIDE DRIVE FOR CELEBRATION OF DISTRICT
DESIGNATION - RIVERSIDE DRIVE HISTORIC DISTRICT - JUNE 1, 1986
REFERRED
In a letter to the Board, Mr. Richard Bennett, Chairperson,
Riverside Drive Historic District Liaison Committee, advised that
the Riverside Drive Historic District is planning a dedication
and celebration of the district designation on June 1, 1986 from
2:30 to 4:00 p.m. The celebration will be held at 1007 Riverside
Drive which is the intersection of California, Riverside and
Leland with refreshments afterward on the riverbank. Therefore,
it is requested that Riverside Drive, from California to Golden
Avenue be closed on June 1, 1986 from 1:30 p.m. to 5:00 p.m. for
the celebration. Upon a motion made by Mr. Leszczynski, seconded
by Mr. Vance and carried, the request was referred to the Bureau
of Traffic and Lighting and Police Department Traffic Division
for review and recommendation.
REQUEST OF NATIONAL BANK & TRUST COMPANY FOR TRAFFIC ASSISTANCE
AND PERMISSION TO CONDUCT PARADE FOR NAME CHANGING CEREMONIES -
JUNE 30, 1986 - REFERRED
Mr. Leszczynski advised that the Board is in receipt of a letter
from Ms. LoriAnn Edinborough, Marketing Administration Officer,
National Bank of South Bend, 112 West Jefferson Boulevard, P.O.
Box 1512, South Bend, Indiana, advising that on June 30, 1986 the
National Bank & Trust Company of South Bend will become the First
Interstate Bank of Northern Indiana, N.A. Name changing
ceremonies will take place on June 30, 1986, with activities
including a band playing with speeches following by the
President, the Chairman of First Interstate Bancorp and Mayor
Roger Parent. Therefore, the following three (3) requests are
being submitted in conjunction with the above referred to
ceremonies:
1. Traffic blocked on Jefferson Boulevard from the corner
of Jefferson and Main to the corner of Jefferson and St.
Joseph from 10:00 a.m. to 11:30 a.m.
1' 1511'0
REGULAR MEETING MAY 6, 1986
2. Permission for the band to parade on the sidewalk using
the following route: begin on Jefferson Boulevard, south
on Main, east on Wayne, north on St. Joseph, west on
Washington and south on Main back to Jefferson
Boulevard.
3. Permission for the band to march on the sidewalk east
on Jefferson leading a procession from the Bank to
Century Center for an inaugural luncheon.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the above request was referred to the Bureau of Traffic
and Lighting and the Police Department Traffic Division for
review and recommendation.
APPROVE REQUEST OF ST. JOSEPH COUNTY MEMORIAL DAY SOCIETY TO HAVE
STREETS CLOSED IN CONJUNCTION WITH MEMORIAL DAY ACTIVITIES - MAY
26, 1986
Mr. Leszczynski advised that the Bureau of Traffic and Lighting
and Police Department Traffic Division have reviewed the above
referred to request submitted to the Board on April 29, 1986, and
recommend approval of this annual event. Therefore, upon a
motion made by Ms. Barnard, seconded by Mr. Leszczynski and
carried, the recommendation was accepted and the request
approved.
ST OF KNIGHTS OF COL1
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CONDUCT CANISTER S
Mr. Leszczynski advised that Mr. Anthony F. Wilhelm, Grand
Knight, Knights of Columbus, Santa Maria Council No. 553, 815
North Michigan Street, South Bend, Indiana, has requested
permission to conduct their annual Tootsie Roll canister sales on
May 9 & 10, 1986 on the public sidewalks at the following
locations:
- Downtown South Bend at:
- Robertson's Department Store
- Inwood's
- Osco Drug
- South Bend Public Library
- Bus Terminal
- Farmer's Market
It was noted that the Charitable Solicitations Commission has
already approved this annual event and granted a permit.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the above request was approved subject to favorable
recommendations being received from the Bureau of Traffic and
Lighting and the Police Department Traffic Division concerning
this event.
APPROVE TITLE SHEETS:
- CAST IN PLACE CONCRETE PROJECT (COVELESKI STADIUM)
- HILDRETH ST. CUL-DE-SAC PROJECT
Mr. Leszczynski advised that Title Sheets for the above referred
to projects were being presented at this time for execution.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and
carried, the above referred to Title Sheets were approved and
signed.
APPROVE LICENSE APPLICATION - SECONDHAND DEALER
Mr. Leszczynski advised that the following one (1) secondhand
dealers license application has been received:
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REGULAR MEETING
MAY 6, 1986
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NAME: WESTERN ELECTRONICS
BY: Vendel Vegh
ADDRESS: 1530 Western Avenue
FOR THE PURPOSE OF SELLING: TV's, radios, stereos
Mr. Leszczynski further advised that favorable recommendations
have been received from the Bureau of Traffic and Lighting,
Department of Code Enforcement, Police Department and Fire
Department on the above application. Upon a motion made by Ms.
Barnard, seconded by Mr. Vance and carried, the above license
application was approved and referred to the Deputy Controller's
office for issuance of a license.
APPROVE LICENSE APPLICATIONS - RUBBISH AND GARBAGE
Mr. Leszczynski advised that the following two (2) Rubbish and
Garbage license applications have been received:
1. Don Miller
2504 Keller
South Bend,
(Don's Hauling)
Indiana
2. PNR Trash Company (Paul Fannin)
733 Blaine Avenue
South Bend, Indiana
It was noted that inspections of the trucks to be used had been
conducted by the Solid Waste Bureau and all applicants were found
to be in compliance. Upon a motion made by Ms. Barnard, seconded
by Mr. Vance and carried, the above license applications were
approved and referred to the Deputy Controller's office for
issuance of licenses.
APPROVE LICENSE APPLICATION - OPEN AIR STAND
Mr. Leszczynski advised that the following open air stand license
application has been received:
NAME: FISHER BROS. FISHERIES, INC.
BY: DAVID FISHER
ADDRESS: P.O. Box 965
Green Bay, Wisconsin
STAND TO BE LOCATED AT: 4401 South Michigan
(Convenience Liquors parking lot)
DATES: May 9, 10, 11, 1986
FOR THE PURPOSE OF: Selling frozen, prepackaged fish
and seafood products
Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard
and carried, the above license application was approved subject
to favorable recommendations being received from the Police
Department, Bureau of Traffic and Lighting, Department of Code
Enforcement and Police Department Traffic Division.
It was noted that the applicant submitted the appropriate letter
of permission from the property owner at 4401 South Michigan
granting permission to use the property for the sale as outlined
above.
APPROVE AND RELEASE CONTRACTORS BONDS
Mr. Melvin Humphrey, Engineering Department, recommended that the
Contractor's Bond for James C. Reinking be approved retroactive
to April 28, 1986. Additionally, Mr. Humphrey recommended that
the Contractor's Bond for Leonard Geans be released effective
May 6, 1986. Upon a motion made by Mr. Leszczynski, seconded by
Ms. Barnard and carried, the above Contractors Bond for James
Reinking was approved and the bond of Leonard Geans released.
REGULAR MEETING
MAY 6, 1986
FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT
A report from the Department of Code Enforcement indicating a
total of one hundred one (101) properties cleaned from April 25,
1986 to May 1, 1986, was submitted. Upon a motion made by Ms.
Barnard, seconded by Mr. Vance and carried, the report as
submitted was filed.
APPROVE CLAIMS
Mr. John W. Ferguson, Executive Director, St. Joseph County Job
Training Program, submitted a list containing eighty-sevevn (87)
claims and recommended approval. Additionally, Deputy City
Controller Carol M. Sanders submitted Claim Docket No. 009456
through Claim Docket No. 009937 and recommended approval. Upon a
motion made by Mr. Vance, seconded by Ms. Barnard and carried,
the claims were approved and the reports as submitted were filed.
PRIVILEGE OF THE FLOOR
CITIZEN CONCERNS REGARDING DECISION OF STATE TAX BOARD AND
COVELESKI STADIUM PROJECT
Mr. Joseph Guentert, 3510 Corby Boulevard, South Bend, Indiana,
was present and addressed the Board. Mr. Guentert stated that it
is evident that the City had prior knowledge of the decision of
the State Board of Tax Commissioners regarding the Coveleski
Stadium Project. He further stated that the State Tax Board has
not notified the Petitioners in this case and there is a question
of when the thirty (30) day remonstrance period will begin. He
stated that Fair Tax, Inc. feels that they have a right, as
Petitioners, to be notified officially of the decision by the
State Tax Board. He stated that the official notification is
necessary in order that notification can be given to their lawyer
and is necessary to protect the people who are donating funds.
Mr. Guentert further stated that the Mayor has previously stated
that a suit would be a waste of City funds. The Fair Tax, Inc.,
however, has legal points that need to be addressed by a court of
law. He further stated that the City has acted illegally in
expending funds prior to state approval. Further, the City
advertised the lease under Chapter 14 of the Indiana Code when
Chapter 15 should have been followed. Mr. Guentert added that he
disapproves of the "hi-jinks" that are going on in this matter.
He stated that something is wrong as a statement was made at the
last meeting of the Board that the City was acting as agents for
Security Pacific Bank which was prior to knowledge of the City
receiving approval of the lease by the State Tax Board.
Mr. Vance advised Mr. Guentert that the action taken by the Board
at its last meeting in regard to this matter was done in
anticipation of acting as the agent. In regards to Mr.
Guentert's concerns about being properly notified of the State
Tax Board's decision, Mr. Vance advised him that he should
address that concern to the State Tax Board. Mr. Guentert stated
that the question of notification is a problem and will be a
problem to the Board in its attempts to enter into any contract
prior to the problem being resolved.
CITIZEN QUESTIONS AND CONCERNS REGARDING RIVERSIDE DRIVE AND
RIVERSIDE PLACE SANITARY SEWER PROJECT
Mr. Wayne Werts, 1889 Riverside Drive, South Bend, Indiana, was
present and addressed the Board. Mr. Werts inquired of the
amount appropriated and the funding source for the above referred
to project.
Mr. Leszczynski advised that the Cumulative Sewer Building and
Sinking Fund will be the source of funding but to date funds for
this project have not been appropriated. He further advised that
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REGULAR MEETING MAY 6. 1986
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prior to making an award for this project, either funds will be
appropriated prior to the award or the project will be awarded
subject to funding. In any case, the Common Council must approve
the appropriation of funds before actual work on the project can
begin.
Mr. Werts next discussed the May 2, 1986, letter which he wrote
to Dr. George B. Plain, St. Joseph County Health Officer,
requesting various information regarding the above referred to
project. Mr. Werts stated that his attorney has advised him to
pursue his request for information with that information needing
to be supplied by the County Health Officer. He further stated,
however, that since the mandate to construct the sanitary sewers
is not to the citizens but is to the Board of Public Works on
behalf of the City, his attorney suggested that he request that
the Board ask Dr. Plain for the information requested with that
information to include the technical data that was the basis for
the Field Investigation Report as well as what was the basis for
the mandate. Mr. Werts further stated that as the County Health
Officer has not been very cooperative, it would seem appropriate
that the Board could ask for the requested information on behalf
of the residents.
Mr. Leszczynski advised Mr. Werts that it is highly unlikely that
the City is going to request that information as the City is not
going to "second guess" the decision made by the Health Officer
regarding this matter. In response to Mr. Wert's reference to
the report which he submitted and criticism of the State Field
Investigation Report, Mr. Leszczynski stated that both reports
were poorly prepared and that the problem the residents have with
this matter is not with the Board even though it has consistently
been the Board of Public Works that has listened to their
concerns.
Reiterating, Mr. Leszczynski stated that the Board is not in a
position to "second guess" the County Health Officer and the
Board must abide by the decision made by the County Health
Officer. In response, Mr. Wert's stated that his lawyer
suggested that it would be appropriate to ask the Board to seek
the information requested. In closing, Mr. Wert stated that in
light of the fact that the Board does not intend to seek the
information requested, residents will have to take some other
recourse.
ADJOURNMENT
There being no further business to come before the Board, upon a
motion made by Mr. Leszczynski, seconded by Ms. Barnard and
carried, the meeting adjourned at 10:13 a.m.
C)Jn E. Leszczy k
Katherine G. Barnard
Michael L. Vance
ATT ST:
Sandra M. Parmerlee, Clerk