HomeMy WebLinkAbout02/22/82 Board of Public Works Minutes211
REGULAR MEETING
FEBRUARY 22, 1982
The regular meeting of the Board of Public Works was convened at
9:30 a.m., on Monday, February 22, 1982, by President John E.
Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr.
Joseph E. Kernan present.. Also present was Assistant City
Attorney Carolyn Pfotenhauer.
MINUTES OF PREVIOUS MEETING APPROVED
Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski
and carried, the minutes of the regular meeting of February 16,
1982, were approved as submitted.
OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES
This was the date set for receiving and opening sealed bids for
the sale of approximately 17 abandoned vehicles, all of which
were valued at over $100 and were being stored at the Hurwich
Impoundment Lot, 1610 Circle Avenue. 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:
(� Hurwich Iron Co. Steve &Gene's Metal Resources Kowalski Bros.
1610 Circle Ave. 3109 S. Gertrude 3113 S. Gertrude 25958 Western Ave.
South Bend, Ind. South Bend, Ind. South Bend, Ind. South Bend, Ind.
No. 1
$62.80
No.
1 $40.00
No. 1
$51.20 No. 2 $120.00
No. 2
62.80
No.
2 69.75
No. 2
51.20 No. 5 52.00
No. 3
62.80
No.
3 45.00
No. 3
51.20 No. 6 53.00
No. 4
62.80
No.
4 35.00
No. 4
51.20 No. 9 53.00
No. 5
62.80
No.
5 45.00
No. 5
51.20 No 11 76.00
No. 6
62.80
No.
6 50.00
No. 6
51.20 No.13 102.00
No. 7
62.80
No.
7 10.00
No. 7
51.20 No.15 76.00
No. 8
62.80
No.
8 30.00
No. 8
51.20 No.16 76.00
No. 9
62.80
No.
9 50.00
No. 9
51.20
No. 10
62.80
No.
10 50.00
No. 10
51.20
No. 11
62.80
No.
11 50.00
No. 11
51.20
No. 12
62.80
No.
12 35.00
No. 12
51.20
No. 13
75.00
No.
13 31.75
No. 13
51.20
No. 14
75.00
No.
14 40.00
No. 14
51.20
No. 15
62.80
No.
15 50.00
No. 15
51.20
No. 16
62.80
No.
16 40.00
No. 16
51.20
No. 17
62.80
No.
17 50.00
No. 17
51.20
Rubin's
Auto Parts
Dennis Maike
23921 Western
Ave.
51132 Redwood
Rd.
South Bend, Ind.
South Bend,
Ind.
No. 2
$ 88.88
No. 13 $75.00
No. 13
118.50
No. 16 75.00
No. 15
58.58
No. 17 25.00
Mr. Leszczynski
noted
that vehicles
#1 and
#7 had been reclaimed
by their
owners and no awards would
be made
for those vehicles.
Upon a motion made
by
Mr. Kernan,
seconded
by Mr. Leszczynski and
carried,
the above
bids
were referred
to the Neighborhood Code
Enforcement
Office
for
review and
recommendation. Following that
review,
upon a motion
made by Mr.
Leszczynski,
seconded by Mr.
Hill and
carried,
the
following high
bids were awarded:
Hurwich Iron Co.
Kowalski Bros. Auto Parts Rubin's Auto Parts
No. 3
$62.80
No. 2
$120.00
No. 13 $118.50
No. 4
62.80
No. 11
76.00
No. 5
62.80
No. 15
76.00
No. 6
62.80
No. 16
76.00
No. 8
62.80
No. 9
62.80
$348.00
No. 10
62.80
No. 12
62.80
No. 14
75.00
No. 17
62.80
$640.00
Total amount
of Vehicles Awarded: $1,106.70
212
REGULAR MEETING
AWARD BID - BENDIX DRIVE SIGNALIZATION PROJECT
FEBRUARY 22, 1982
Mr. Leszczynski stated that a review of the bids received on
February 16, 1982, for the Bendix Drive Signalization Project
had been conducted by the Bureau of Public Construction, and it
was the recommendation of Neil Shanahan that the low bid of
Morse Electric Company in the amount of $163,952.55 be awarded.
Upon a motion made by Mr. Kernan, seconded by Mr. Hill and
carried, the low bid of Morse Electric was awarded as recommended.
APPROVE CHANGE ORDERS — FIRST BANK CENTER PROJECT
Mr. Leszczynski stated that Brown and Brown General Contractor
had submitted Change Order No. 6 in the amount of an increase of
$5,294.00 for extra grading, reworking of grades for curb and
steps on Michigan Street and a grade revision for a planter, in
accordance with its contract on the First Bank Center Project for
sitework. Mr. Leszczynski noted that the revised contract sum,
including the above change order, totalled $369,296.00. Mr.
Marchmont Kovas, South Bend Tribune Reporter, questioned the
new contract total, stating that the original contract sum had
only been $99,900.00. Mr. Hill reminded Mr. Kovas that a
substantial portion of the increase in the contract related to
the structural damage and repairs which had been done by Brown
and Brown on the garage portion of the facility. He stated
that approximately $90,000.00 would be paid by insurance. Mr.
Leslie Doty, 3502 Lincolnway West, asked why money was still
being paid on the project when it was already completed. Mr.
Hill stated that -funds for the project from the Urban Development
Action Grant had not yet been expended since costs have not met
or exceeded the amount of -the grant He stated that there is -
continuing work being done on the project and Change Order No. 6-
reflects work done some time ago. Mr. Leszczynski advised Mr.
Doty that, whenever a project is finalized, it is not unusual to
have change orders come before the Board for approval, said change
orders reflecting as built quantities of materials. He stated
that the change order had been reviewed and found to be in order
by the construction manager, architect and Patrick McMahon. Upon
a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried,
the above change order was approved.
Change Order No. 6 in the amount of an increase of $4,900.00 was
submitted by Koontz -Wagner Electric for electrical work done on
the First Bank Center garage. Mr. Leszczynski noted that the fire
alarm system had been revised in accordance with a recommendation
from the State Fire Marshal's Office. He stated that the revised
contract sum, including the above change order, was now $172,291.85.
He stated that the change order had been reviewed and found to be
in order by the construction manager, architect and Patrick McMahon.
Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and
carried, the above change order was approved.
APPROVAL OF CERTIFICATE OF SUBSTANTIAL COMPLETION - FIRST
BANK CENTER PROJECT (0'NEAL WRECKING COMPANY)
Mr. Leszczynski advised that the construction manager and O'Neal`s.
Wrecking Company had submitted a Certificate of Substantial
Completion for site excavation work on the First Bank Centex
Project. It was noted that a Waiver of Lien for the work per-
formed was included. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Hill and carried, the Certificate of Substantial
Completion was approved and the Waiver of Lien filed.
APPROVE SUPPLEMENTAL AGREEMENT - ARDMORE TRAIL
IMPROVEMENT PROJECT (CLYDE E. WILLIAMS)
Mr. Leszczynski advised that a supplemental agreement was being
submitted for Board approval by Clyde E. Williams & Associates
to be included as a part of its present engineering contract with
the city for the re -design of Ardmore Trail from Bendix Drive to
C
213
n
REGULAR MEETING
FEBRUARY 22. 1982
Sheridan. He stated that the supplemental agreement provides for
an additional fee of $3,000.00 to Clyde E. Williams for design
of traffic signals at Sheridan. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Hill and carried, the supplemental
agreement was approved.
APPROVE FIRE DEPARTMENT EMERGENCY MEDICAL SERVICE
USER FEE COLLECTION PROCEDURE
Mr. Hill stated that formal approval was needed from the Board on
a user fee collection procedure for the Fire Department's ambulance
service, said procedure being used by the city during the past.
He stated that the procedure provides for the collection of
unpaid emergency medical service bills and a write-off procedure
for bills which are determined to be uncollectible. Upon a
motion made by Mr. Hill, seconded by Mr. Kernan and carried,
the following procedure presently used by the city was formally
adopted and approved:
SOUTH BEND FIRE DEPARTMENT
E.M.S. USER FEE COLLECTION PROCEDURE
(to be submitted to the State Board of Accounts)
A. INITIAL BILLING
Within three (3) to five (5) days of the rendering
of service to E.M.S. user, the user and/or responsible
party is billed by the E.M.S. Office on State Board
approved billing forma The E.M.S. Office also records
the run on the Master Log and includes the amount of
the billing in the total amount billed for the day of
the occurence.
B. FOLLOW UP BILLING
Thirty (30) days from the date of the initial bill-
ing, the E.M.S. Office compiles all accounts which have
been mailed the initial invoice statement, and which
have not been paid, and sends follow-up statements
entitled "Second Billing". Those accounts which have
given a response to the initial billing, or where
insurance companies have replied to the billing, do
not receive a second statement.
Thirty (30) days from the date of the second state-
ment, the E.M.S. Office compiles all accounts which
have been mailed the first and second billing state—
ments, and which have given no reply, and sends a
follow-up statement entitled "Final Bill". A
statement is included on this billing that advises
the user or responsible party that "Unless payment
is received within thirty (30) days, this account
will be referred to a. collection agency.
C. COLLECTIONS
After the third billing statement is sent, the
E.M.S. Office compiles all accounts which remain
unpaid, prepares a history of the accounts, and
forwards the accounts to the collection agency
under contract with the City. In the event that
insurance payment is in process, the account is
not sent to the collection agency. In the event
that the user or responsible party has three (3)
or more outstanding billings in the processing
period (90 days), or a bill exceeding One Hundred
Dollars ($100.00), the account is sent to the
Deputy City Attorney in charge of collection for
legal action.
214
REGULAR MEETING
D. BAD DEBT WRITE-OFF
FEBRUARY 22, 1982
Upon the determination of the collection agency that
accounts in process are uncollectible, the accounts shall
be returned to the E.M.S. Office where office staff with
the assistance of the Deputy City Attorney in charge of
collections shall determine if further collection action
is warranted. If no further action is to be undertaken,
the E.M.S. Office and collection attorney shall recommend
to the Board of Public Works that official action be
taken to write-off the accounts as uncollectible.
ADOPT RESOLUTION NO. 5, 1982 - RENOUNCE ACCEPTANCE OF QUITCLAIM
DEED FOR PROPERTY AT 733 EAST INDIANA AVENUE)
RESOLUTION NO. 5-1982
WHEREAS, on October 12, 1981, the City of South Bend
through its Neighborhood Code Enforcement Office, pursuant
to Section 16-53 of the South Bend Municipal Code,
inspected the premises at 733 E. Indiana, more specifically
described as:
Lot Numbered fifty-three (53) and part of Lot
Numbered Fifty-five (55), which part is described
as beginning at the Southwest corner of Lot
Numbered Fifty-five (55), running thence East
Forty (40) feet to the Northeast corner of Lot
Numbered Fifty-three (53), thence North Six (6)
feet, thence West Forty (40) feet, thence South
Six (6) feet to place of beginning, all as shown
on the recorded plat of Indiana Avenue Addition
to the City of South Bend, otherwise known as
733 E. Indiana Avenue, South Bend, Indiana; and
WHEREAS, this property was found to be in violation of
South Bend Municipal Code Sections 19-32 and 16-53 by
having weeds and grass growing thereon over 2 feet high,
such violation constituting a public nuisance; and
WHEREAS, the owner of this premises, Mr. William
Donaldson, 1730 Miami Street, South Bend, Indiana, 46613,
was notified of these violations by a letter sent by the
Neighborhood Code Enforcement Office, such letter being
dated October 16, 1981; and
WHEREAS, Mr. Donaldson did not eliminate the violations
on his property and pursuant to South Bend Municipal Code
Section 13-29 the Board of Public Works authorized the
abatement of this nuisance; and
WHEREAS, the Neighborhood Code Enforcement Office clean
up crew did mow the tall grass and weeds at 733 E. Indiana
on 10-30-81; and
WHEREAS, on October 22, 1981, Mr. Donaldson recorded a
quit claim deed, instrument no. 8118713, purporting to
convey this property to the City of South Bend, such
recording being without the knowledge of any officer,
agent or employee of the City; and
WHEREAS, the City of South Bend, by and through its
Board of Public Works, expressly and unequivocally
renounces acceptance of this deed; and
NOW THEREFORE, BE IT RESOLVED by the Board of Public
Works of the City of South Bend that the deed recorded
by William Donaldson on October 22, 1981, instrument no.
8118713, is not accepted by the City of South Bend, and
215
REGULAR MEETING
FEBRUARY 22, 1982
the City acknowledges no ownership interest in this
property.
Dated this 22nd day of February, 1982.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
s/ Barbara J. Byers, Clerk
s/ Richard L. Hill
s/ Joseph E. Kernan
s/ John Leszczynski
Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan
and carried, the above Resolution No. 5, 1982, was adopted.
APPROVE COMMUNITY DEVELOPMENT CONTRACTS
Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and
carried, the following Community Development contract was approved:
Madison Center - rape crisis counseling and educational
(9 activities for rape and sexual assualt victims in
Community Development areas.
Q Budget: $25,000.00
Upon a motion made by Mr. Kernan, seconded by Mr. Hill and
carried, the following Community Development contracts were
approved:
Community Coordinated Child Care of St. Joseph
County - to provide financial subsidies to low
and moderate -income families at seven designated
day care facilities in Community Development
areas, said families not receiving aid from
Title XX funds.
Budget: $50,000.00
Specialized Transportation System of St. Joseph
County - make funds available to STS for specialized
van transportation services to handicapped individuals
in Community Development areas.
Budget: $20,000.00 (limited to gasoline purchases,
vehicle repair and maintenance)
Mr. Leszczynski referred to a letter written by Mayor Parent to
Mr. Richard Pfeil, Vice President of the Board of Directors of
Specialized Transportation System, wherein the Mayor had
reiterated his willingness to provide what the city could to
help fund a $56,000 projected deficit within the STS budget,
but that the responsibility of the full funding should rest
with the different governmental units and agencies of the
community. The letter indicated that as of January 20, 1982,
the City of South Bend had committed $20,000.00 toward that
goal (funds from the Community Development Department) and
Transpo had committed an additional $10,000.00. The Mayor
encouraged the STS Board of Directors to contact the public
officials in Mishawaka and St. Joseph County to obtain
additional funds from those agencies.
Legal Services Program of Northern Indiana - provide
legal representation to low and moderate income
persons in Community Development areas.
Budget: $45,000.00
Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan
and carried, the above contract with Legal Services was approved.
216
REGULAR MEETING
APPROVE REQUEST TO HOLD INTENDED USE HEARING
ON REVENUE SHARING FUNDS
FEBRUARY 22, 1982
Chief Deputy Controller Sherrie L. Petz requested the Board to
conduct a public hearing on the intended use of revenue sharing
funds in the amount of $11,000 to be used for the 1982 Summer
Clean -Up Program. Upon'a motion made by Mr. Leszczynski,
seconded by Mr. Hill and carried, the request was approved,
and the date of March 8, 1982, set for the public hearing.
APPROVE REQUEST TO ADVERTISE TO RECEIVE BIDS -
SALE OF ABANDONED VEHICLES
Ms. Kathy Barnard, Director of the Neighborhood Code Enforcement
Office, requested the Board to advertise to receive sealed bids
for the sale of approximately 21 abandoned vehicles valued at
over $100 which have been ordered towed and stored at the
Hurwich Iron Impoundment Lot. It was noted that all vehicles
had been stored for more than the required 15 days, identification
checks had been run for auto theft, and the owners and lienholders
had been notified. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Hill and carried, the request was approved,
and the bid date for the automobiles was set for March 8, 1982.
APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS
A request was received from the Neighborhood Code Enforcement
Office for permission to have city environmental crews clean
the following lots within the city:
2501 Bertrand
751 Claine
1001 California
1214 California
1205 Kinyon
1023 Napier
rear of 118 E. Pennsylvania
134 E. Pennsylvania
1507 S. Rush
526 N. Scott
1018-102,0 Sherman
315 N. Taylor
819 E. Washington
510 S. Williams
735 W. Napier
703 Colfax
1227 W. Washington
It was noted that property owners had been advised to clean up
the above lots and had failed to comply. Upon a motion made
by Mr. Leszczynski, seconded by Mr. Hill and carried, the request
was approved.
APPROVE LICENSE APPLICATIONS
Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and
carried, the following applications for licenses were approved
and referred to the Deputy Controller's Office for issuance:
Secondhand Dealer's License - Bon Bon Antiques
2224 Mishawaka Avenue
It was noted that favorable reports had been received from the
Police Department, Fire Inspection Bureau, Building Department
and Bureau of Traffic and Lighting.
Public Parking Facility - National Auto Park, Inc.
It was noted that the required insurance had been submitted for
filing in the Deputy Controller's Office and a favorable report
had been received from the Fire Inspection Bureau.
21'7
REGULAR MEETING FEBRUARY 22, 1982
RELEASE OF EXCAVATION BOND - EDWARD J. WHITE, INC.
Mr. Ray.S. Andrysiak recommended the Board release the Excavation
Bond of Edward J. White, Inc. as requested by the Travelers
Insurance Company. It was noted that the firm is now bonded
by the Insurance Company of North America (said bond being
approved by the Board of Public Works on January 4, 1982),
and all previous excavation work done by E. J. White will be
covered by this new bond, in addition to any new work performed.
Upon a motion made by Mr. Leszczynski, seconded by.Mr. Hill and
carried, the Excavation Bond was released.
APPROVE HANDICAPPED PARKING PERMITS
Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and
carried, the following handicapped parking permits were approved
and referred to the Deputy Controller's Office for issuance:
Clarence E. Snyder, 405 Tonti, S.B.
John D. Leslie, 2408 E. 3rd, Mish.
Claude B. Wright, 933 S. 36th, S.B.
Claudine E. Fox, 41 S. 3rd, Apt. 7, Niles, MI
Q
FILING OF STREET LIGHT OUTAGE REPORT
The report indicated a total of 4 outages for the period of
February 11 through 18, 1982. Upon a motion made by Mr.
Leszczynski, seconded by Mr. Hill and carried, the report was
filed.
APPROVAL OF CLAIMS
Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA
Consortium, submitted P. 0. No. 540 through No. 564 and recom-
mended approval. Chief Deputy Controller Sherrie L. Petz
submitted Claim Docket No. 2689 through No. 3185 and recom-
mended approval. Upon a motion made by Mr. Leszczynski,
seconded by Mr. Kernan and carried, the reports were filed and
the claims and purchase orders approved.
There being no further business to come before the Board, upon
a motion made by Mr. Leszczynski, seconded by Mr. Hill and
carried, the meeting was adjourned at 10:05 a.m.
r �
m �R/m
,T6hn E.- Leszctyriski
Joseph E. Kernan
ATTEST:
Barbara J. Byer , Clert