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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