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HomeMy WebLinkAbout11/03/86 Board of Public Works Minutes4:6 REGULAR MEETING NOVEMBER 3. 1986 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, November 3, 1986, by President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia.E. DeClercq and Mr. Michael L. Vance present. Also present was Chief Deputy City Attorney Thomas Bodnar. AGENDA ITEM ADDED Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the Construction Contract for the Architectural/M.E.P. Package (Coveleski Regional Stadium Project) was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski, and carried, the minutes of the October 28, 1986, regular meeting of the Board were approved. OPENING AND AWARD OF BIDS - SALE OF CITY -OWNED PROPERTY: - 719 WENGER - 307 E. KEASEY STREET - 315 E. KEASEY STREET - 601 N. CLEVELAND - 1814 SAMPSON - 2418 LINDEN Mr. Leszczynski advised that this was the date set for the receiving and opening of sealed bids for the sale of the above referred to City -owned property. 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 received: 719 WENGER STREET Mr. Leszczynski advised that from Mr. Elworth E. Perkins, Bend, Indiana, in the amount the property has an appraisal one (1) bid has been received 725 E. Wenger Street, South of $100.00. It was noted that value of $260.00. 307 E. KEASEY STREET 315 E. KEASEY STREET Mr. Leszczynski advised that one bid has been received from Mr. Reginald Ruffin, 311 Keasey Street, South Bend, Indiana in the amount of $260.00 each for the above two (2) properties. It was noted that the properties were appraised at $260.00 each. 601 NORTH CLEVELAND Mr. Leszczynski advised that one (1) bid has been received from Mr. Chester Chodzinski, 605 No. Cleveland Street, South Bend, Indiana, in the amount of $200.00. It was noted that the property has an appraisal value of $220.00. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above referred to bids were accepted and approved and the matter referred to the City Attorney's office for the drafting of the appropriate Purchase Agreements. As Mr. Reginald Ruffin is an employee of the Department of Public Works, Mr. Leszczynski abstained from voting on the sale of the property at 307 and 315 Keasey Street to Mr. Ruffin. It was noted that no bids were received for the purchase of the City -owned property at 1814 Sampson Street and 2418 Linden Street. 1 REGULAR MEETING NOVEMBER 3. 1986 PUBLIC HEARING AND APPROVAL OF MASSAGE ESTABLISHMENT LICENSE APPLICATION - L'IMAGE CLASSIQUE (517 EAST JEFFERSON BOULEVARD) Mr. Leszczynski advised that this was the date set for the Board's Public Hearing regarding the Massage Establishment License application of E. Erika Mays, d/b/a L'Image Classique, 517 East Jefferson Boulevard, South Bend, Indiana. The Clerk tendered proofs of publication of Notice of Public Hearing in the South Bend Tribune and the Tri-County News which were found to be sufficient. Ms. Georgia C. Luks, Attorney at Law, 502 West Washington Street, South Bend, Indiana, addressed the Board and stated that she and her client Ms. Erika Mays, 517 East Jefferson Blvd., South Bend, Indiana, were present today for the hearing. Ms. Luks stated that the application before the Board today is a renewal of an existing license and that the principal purpose of the establishment is for the sale of cosmetics rather than for conducting massages. She advised that Ms. Mays demonstrates cosmetics and in doing so does do some massaging of the face. If someone desires a massage, arrangements can be made and a licensed masseuse comes in periodically for this purpose. She stated that Ms. Mays performs make-up and skin care only with requests for a massage occurring approximately two (2) times a month. Ms. Luks stated that Ms. Mays' address is 519 East Jefferson Boulevard and not 517 East Jefferson Boulevard as published in the public Notice of Public Hearing in the newspaper. After inquiry by the Board and Board Attorney Thomas Bodnar it was noted that Ms. Mays' business is conducted in the downstairs section of a building which has two (2) doors which customers may utilize with the addresses 517 and 519 East Jefferson Boulevard. Ms. Mays advised the Board that her clientele consists of many prominent women in South Bend and that the business she runs is decent and not immoral. In response to a question from Mrs. DeClercq inquiring whether or not Ms. Mays' business was presently open to customers, Ms. Mays replied that the massage aspect of the business was not. As it was noted that Ms. Mays did not secure a Massage Establishment License in 1985, Ms. Luks confirmed that Ms. Mays does understand that she must reapply for a Massage Establishment license each year. In response to Ms. Mays earlier comments regarding a masseuse coming in to perform massages, Board Attorney Thomas Bodnar inquired of Ms. Mays if that masseuse was licensed by the City. Ms. Mays stated that the masseuse, Ms. Stevens, was licensed by the City of South Bend. Mr. Vance noted that on the license application, Ms. Mays was listed as the President of the Corporation and inquired if there were other officers. Ms. Luks informed the Board that the corporation is a Delaware Corporation and Ms. Mays is the only officer and holds 100% of the stock. Mr. Leszczynski advised Ms. Luks and Ms. Mays that Fourth District Council Member Ann Puzzello has written a letter to the Board as she was unable to attend the hearing today. Mrs. Puzzello requested that the Board continue the license application for one (1) week for the following reasons: 1. Under A3 zoning, permissible usage is personal services. This is a very broad heading and needs interpretation by the Board of Zoning Appeals. 2. The Building Commissioner has not had enough time to properly complete his report for a new application. REGULAR MEETING NOVEMBER 3, 1986 3. Under Section 4-35 of the Municipal Code, the applicant must hold a State license. It is requested that this license be verified by the Board. 4. Only one (1) officer of the corporation is listed on the application. Can one person form a corporation? Ms. Luks reviewed the contents of the letter as outlined above and in response stated that as Ms. Mays has paid for her attendance here today, she objects to having the matter continued as she can address today the concerns outlined in the letter. Mr. Bodnar stated that in regards to the state license for ownership of an establishment, there is a question of how it overlaps the physical therapist statute. Ms. Luks stated that the business is not a front for any nefarious activity and is devoted to the service of prominent women in the community with clients composed of 99% women with approximately one (1) male customer a year. In response to Item #1, listed above, Ms. Luks stated that the business Ms. Mays conducts is a personal service business and a retail establishment and therefore zoning is no problem. In response to Item #2, Mrs. DeClercq advised that since the submission of the above referred to letter, the Building Commissioner has submitted his report regarding this license application. In regards to Item #3, Ms. Luks stated that Ms. Mays does not have a state massage license and this question is not applicable. Mr. Bodnar stated that there is not a state license for a massage establishment but there is a state license for a physical therapist, with the state statute regarding physical therapists containing language and definition in which the word "massage" is used. He stated, however, that this matter is not a concern of the Board at this time. What is the concern of the Board is that the technician performing the massage at the L'Image Classique be licensed. In response to the concern raised in Item #4, Ms. Luks stated that Ms. Mays is a one (1) person Delaware corporation formed in 1981 and is licensed in the state of Indiana to do business. Ms. Luks stated that in a Delaware Corporation, one (1) person can form a corporation. Mr. Vance inquired of Board Attorney Bodnar if he concurs with that statement and Mr. Bodnar stated that he will look into the matter. There being no one else present wishing to speak either for or against the license application, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing regarding this matter was closed. Mr. Vance stated that based on the information presented and on Mr. Bodnar's reviewing the information supplied regarding the Delaware Corporation issue, he would like to make a motion that the license for Massage Establishment be approved subject to Mr. Bodnar's review and resultant favorable research. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the license application was recommended for approval and forwarded to the Deputy Controller's office for issuance of a license. PUBLIC HEARING AND APPROVAL OF ISSUANCE OF PACK PEDDLER'S LICENSE - VERNON 0. BARNETT, SR. Mr. Leszczynski stated that on October 23, 1986, Mr. Michael L. Vance, City Controller, advised Mr. Vernon 0. Barnett, Sr., 117 Franklin Place, Apt. 4, South Bend, Indiana, that he has reviewed his Pack Peddler's license application of September 25, 1986 and has denied issuance of a license to him. It was noted that 1 REGULAR MEETING NOVEMBER 3, 1986 pursuant to ordinance requirements, Mr. Vance's decision not to issue a license can be appealed through the public hearing process before the Board of Public Works. Mr. Leszczynski further stated that Mr. Barnett has requested a Public Hearing before the Board concerning this matter which has been set for this date. Mr. Barnett was present and advised the Board that it is his belief that the license application was denied as a result of his background. He stated that he is an ex -felon in the State of Indiana. He further advised that he is presently employed by Acme Service Corporation, 2611 South Franklin Street, South Bend, Indiana (234-1151) and his immediate supervisor is Mr. Bill Cavana. He informed the Board that his work involves construction and construction cleaning, which is seasonal work involving seven (7) to eight (8) months of the year. Mr. Barnett submitted to the Board, evidence consisting of check stubs to verify that he has been employed. Mr. Barnett stated that he was released from the Indiana Department of Corrections on April 16, 1985 and that he spent eight (8) months at Westville. Since his release he has been gainfully and steadily employed and has no arrest record since' that time not even for a misdemeanor or traffic ticket. He stated that he is definitely trying to turn his life around and is asking that the Board approve his license application so he can work during these slow months when he is not working for Acme. He stated that with his pack peddlers permit he is planning on selling miscellaneous clothing items. He further stated that he has paid his dues to society for the last eighteen (18) to twenty (20) months and asked the Board not to deny the right he has paid for. Ms. Diane Lowry, 117 Franklin Place, Apt. #4, South Bend, Indiana, was present and advised the Board that in the last six (6) months that she has known Mr. Barnett, he has worked hard, not been in any trouble and everything he has stated is true. She further stated that Mr. Barnett is not the type of person to sit idle and he has done volunteer solicitation for sickle cell anemia through St. Joseph Medical Center and has also worked as a musician for various events. Mr. Michael Tidwell, 201 Parkwood Lane, South Bend, Indiana, was also present and advised the Board that he has known Mr. Barnett for the last year and if he hadn't known, would not be aware that Mr. Barnett was previously incarcerated. He stated that it is his belief that Mr. Barnett is a man of good character. He further stated that he can relate to Mr. Barnett's situation because he too has a pack peddlers license. He further stated that he believes that the service Mr. Barnett will be providing will be beneficial to the neighborhoods of South Bend and will provide an income to his family in these lean times. There is also the possibility that the business could grow into a storefront business if it is successful. Mr. Barnett stated that it is his opinion that it would be advantageous for the City to issue him a license in order to keep track of his activities. He stated that he wants to be licensed and in this way the City will know how to reach him should anything negative regarding this operation come to the attention of the City. In conclusion, Mr. Tidwell stated that if necessary it could be arranged for neighborhood residents to come to speak in support of Mr. Barnett and would appreciate the opportunity to do so if necessary. There being no one else present wishing to speak either for or against the pack peddlers license application of Mr. Vernon Barnett, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Public Hearing on this matter was closed. 0V REGULAR MEETING NOVEMBER 3, 1986 In response to Mr. Leszczynski's inquiry regarding the date of release from incarceration, Mr. Barnett stated that he was released in April of 1985 at which time he came to South Bend. Mr. Vance asked Mr. Barnett if there have been any problems since his release to which Mr. Barnett replied that he spent one (1) year on parole and in April of 1986 was officially released as his time was completed. Mr. Barnett stated that he has had time to study his situation and has attended Madison Center for chemical dependency. He stated that he had problems with chemical dependency in the past and after one (1) year of service was deemed ready to go ahead with his life. Mr. Leszczynski inquired of Mr. Barnett whether his chemical dependency had anything to do with his prior problems in 1984. Mr. Barnett responded affirmatively As the approval of the license at this time would be for the the remainder of 1986, or two (2) months, Mr. Leszczynski stated that he can see no reason not to approve the license at this time and monitor the situation. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the pack peddlers license for Vernon 0. Barnett, Sr., was approved and referred to the Deputy Controller's office for issuance of a license. Board member Michael L. Vance abstained from voting on this matter. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately twelve (12) 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 Mrs. DeClercq, seconded by Mr. Vance and carried, the above request was approved and a date of November 18, 1986 was established for the receiving and opening of sealed bids. APPROVE RELEASE OF SURETY BOND FOR SABLE RIDGE SEWER & WATER PROJECT Mr. Leszczynski advised that on July 15, 1986, the Board accepted a Bank Money Order in the amount of $61,204.50 as surety bond for the above referred to project submitted by Mr. Leroy Yoder for Sable Ridge Ltd. Mr. Leszczynski further advised that on October 28, 1986, the Board of Public Works approved the Project Completion Affidavit for the above referred to project. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the Bank Money Order submitted on July 15, 1986, was released. APPROVE CONSTRUCTION CONTRACT - ARCHITECTURAL/M.E.P. PACKAGE (COVELESKI REGIONAL STADIUM PROJECT) Mr. Leszczynski advised that in accordance with the bid awarded on October 28, 1986 to Carl J. Reinke & Sons, Inc., 1216 West Sample Street, South Bend, Indiana, in the base bid amount of $4,162,831.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Vance, 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. REGULAR MEETING NOVEMBER 3, 1986 1 1 FILING OF MAS OF PUBLIC HEA ESTABLISHMENT LIC DATE - ROSE OUEST E APPLICATION AND SETTING 221 Mr. Leszczynski advised that Cynthia G. Boynton, d/b/a Rose Quest Nutrition Center, 2215 McKinley Avenue, South Bend, Indiana, has submitted a Massage Establishment License application. Pursuant to ordinance requirements, a Public Hearing regarding this application must be conducted. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above application was accepted for filing and a Public Hearing date of November 17, 1986 was set. APPROVE CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Bob Grant Construction be approved retroactive to October 29, 1986. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above Contractor's Bond was approved. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Leszczynski advised that the following license application has been received: NAME: BY: ADDRESS: STAND TO BE LOCATED AT: DATES: FOR THE PURPOSE OF: FISHER BROS. FISHERIES DAN P. FISHER BOX 965, Green Bay, Wisconsin 4401 South Michigan Street November 7, 8, 9, 1986 Selling frozen pre -packaged fish -seafood products Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above referred to application was approved subject to the submission of favorable recommendations from the Police Department, Department of Code Enforcement, and the Bureau of Traffic and Lighting. It was noted that the applicant provided with the application a letter of permission from the property owner where the stand is to be located. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Certificate of Insurance for Edward J. White, Inc., 1011 South Michigan Street, South Bend, Indiana was accepted and filed. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of thirty-two (32) properties cleaned from October 24, 1986 to October 30, 1986, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski 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 ninety (90) claims and recommended approval. Additionally, Deputy City Controller Carol M. Sanders submitted Claim Docket No. 15304 through Claim Docket No. 15498 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the claims were approved and the reports as submitted were filed. REGULAR MEETING ADJOURNMENT There being no further business motion made by Mr. Leszczynski, carried, the meeting adjourned ATTEST: iN Sandra M. Parmerlee, Clerk NOVEMBER 3, 1986 to come before the Board, upon a seconded by Mr. Vance and at 10:11 a.m. ohn E. Leszc y s i Patricia E. DeClercq Michael L. ance 1 �I 1