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HomeMy WebLinkAbout08/23/82 Board of Public Works Minutes386 REGULAR MEETING AUGUST 23, 1982 The regular meeting of the Board of Public Works was convened at 9:35 a.m., on Monday, August 23, 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. Hill, seconded by Mr. Kernan and carried, the minutes of the August 16, 1982, regular meeting of the Board were approved as submitted. OPENING OF BIDS - SAMPSON STREET EXTENSION This was the date set for receiving sealed bids for the construction of the Sampson Street Extension. 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: Walsh & Kelly, Inc. Bid was signed by Thomas 0. Walsh, 24358 State Road 23 non -collusion affidavit was in South Bend, Indiana order, and a 5% bid bond was submitted. $30,155.85 Rieth-Riley Construction Co. Bid was signed by Richard D. Ruhlman, P. 0. Box 1775 non -collusion affidavit was in order, South Bend, Indiana 46634 and a 5% bid bond was submitted. $21,862.50 Arco Engineering Construction Bid was signed by William Zirkle, 705 S. Beiger Street non -collusion affidavit was in order, Mishawaka, Indiana 46544 and a 5% bid bond was submitted. $23,490.35 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Engineering Department for review and recorxnendation. OPENING OF BIDS - RECONDITIONING OF FIRE SNORKEL APPARATUS This was the date set for receiving sealed bids for the reconditioning of a fire snorkel apparatus. 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: Midwest Fire and Safety Bid was signed by R. F. Casse, non - Equipment Company, Inc. collusion affidavit was in order, and 1605 Prospect Street a 10% bid bond was submitted. Indianapolis, Indiana 46203 $199,764.95 Illinois Truck & Equipment Co. Bid was signed by N. H. Palmer, non- 7128 Barry Avenue collusion affidavit was in order, and Rosemont, Illinois 60018 a 10% bid bond was submitted. $189,158.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Fire Department for review and recommendation. 0 REGULAR MEETING AUGUST 23, 1982 PUBLIC HEARING - VACATION OF MADISON STREET, ST. PETER STREET A14D ALLEY (ST. JOSEPH MEDICAL CENTER) Mr. Leszczynski advised that St. Joseph's Medical Center was petitioning the Common Council for the vacation of the following public rights -of -way in conjunction with its plans for expansion; The east -west street known as Madison in the blocks bounded -by St. Louis and Notre Dame; The north -south street known as St. Peter in the half block bounded by Madison and the east - west alley approximately half -way between Madison and LaSalle; The°°east-west alley in the half block bounded by St. Louis and the north -south alley approximately half -way between St. Louis and St. Peter. He stated that, as in the past, in order for the Board to submit a recommendation to the Common Council, a public hearing had been scheduled at this time and.all property owners within 200 feet of the alley and streets had been duly notified. Mr. Thomas Lewis, Attorney at Law, 1800 American National Bank Building, introduced Mr. Larry Tebelak, representing the hospital. Mr. Tebelak explained that the proposed vacation of the alley and a portion of Madison and St. Peter Streets was a part of the hospital's $20 million expansion program. He stated that the front of the facility would be expanded, the wide circle drive eliminated and the entrance changed so that all traffic would come into the facility from St. Peter Street. He stated that Transpo presently utilized Madison Street for a bus route; however, future proposed plans called for the buses to proceed down Notre Dame to LaSalle. He advised that fire lanes would be provided to the facility and parking would likewise be expanded under the proposed project. Mr. Leszczynski asked how much property along St. Peter Street was owned by the hospital, and Mr. Tebelak stated that the hospital owned all property along St. Peter Street south to the east -west alley. Mr. Ed Levin, 2350 Topswood Lane, stated that he owned property at the northwest corner of LaSalle and St. Peter Streets. He asked if any property along St. Peter Street would be vacated or if the street would be widened at some.future point. Mr. Tebelak stated that no other property along St. Peter Street would be vacated and there were no long-range plans to acquire property along St.'Peter Street for widening. Mr. Leszczynski advised that the city likewise had no plans to widen St. Peter Street and that the acquisition of property for the right-of-way eliminated that possibility. Mr. Levin advised that there were three business establishments which faced LaSalle that would be affected by the vacations. They included his property, property owned by Leo Scanlon and Joseph Rappelli. He felt that, if the alley was vacated, the business establishments would experience a problem with truck deliveries since the only portion of the alley to remain open would extend half a block from St. Peter Street and then turn sharply to the left, exiting on LaSalle. Mr. Tebelak advised that, if the parking lot owned by the hospital was designed accordingly, additional room could be allowed for a turn at that location. Mr. Joseph Rappelli, owner of one of the properties adjacent to the alley, explained that he has experienced problems in the past with beer truck deliveries, and he felt the problem would be compounded if the trucks had to make a turn out of the east -west alley. Mr. Leszczynski advised that part of the Engineering Department's recommendation concerning the proposed vacations addressed the need for the dedication of some property to provide a turning radius. Mrs. Rappelli stated that she felt there would also be additional problems because of the increase in traffic using St..Peter Street since it would be the only entrance to the hospital. Mr. Levin felt that a condition of the vacation, if approved, should be the installation of a traffic •6141 REGULAR MEETING AUGUST 23, 1982 light at St. Peter and LaSalle to slow down traffic coming into the facility. He stated that he was not pleased with the proposed vacations and was concerned about their effect on his property. He also expressed concern about adequate fire protection. Mr. James Nafe, Attorney at Law, 320 W. Jefferson, representing the Western and Southern Life Insurance Company which owned property at the northeast corner of St. Peter and LaSalle Streets, advised that his client was concerned not so much about the alley vacation as it was about vacation of a portion of St. Peter and Madison Streets. He advised that, a couple of years ago when other alleys in the vicinity of the hospital were vacated, an easement was granted to the life insurance company for ingress and egress rights over a portion of the vacated east -west alley between Notre Dame and St. Peter Streets. He stated that his client was concerned that, with the vacation of a portion of St. Peter and Madison Streets, the accessibility of the ,insurance company's property would be detrimentally affected. He stated that customers of the insurance company come to the office from the north and northeast into the parking lot at the rear of the business because LaSalle is such a heavilly traveled street and it is difficult to enter the parking lot from that direction. He felt that the closing of the streets in question would cause traffic congestion on St. Peter. Mr. Hill asked about the parking lot in relation to the insurance company offices, and Mr. Nafe explained that the office fronted on LaSalle Street and the parking lot was at the rear of the property. Mr. Donald Larimore, Senior Vice President of St. Joseph's Medical Center, explained that the expansion program allowed for 570 parking spaces. He stated that many of these people were handicapped and would need to utilize the front entrance which would be off St. Peter Street because it would be more accessible. He stated that this.was the main reason why the hospital had proposed the main entrance off St. Peter Street as it was felt traffic could be best channeled into the facility. He stated that many problems had been encountered with the proposed expansion project and the hospital had tried to solve these problems to alleviate potential concerns of surround- ing property owners. Mr. Harold Summer, speaking on behalf of Mr. and Mrs. Joseph Rappelli, felt the Board should address the increase in the number of cars parked on the hospital grounds and the increase in traffic on St. Peter Street. He wondered if the increased traffic and lack of any other entrance would cause a problem to surrounding businesses. He felt the hospital should be required to provide property for a turning radius if the westerly half of the alley bounded by St. Louis and St. Peter was vacated. Mr. Tebelak explained that the hospital would have several exits to and from its parking lots but that there would be no exits in the area of the alley proposed to remain open. Mr. Levin wondered what would happen if two trucks entered the portion of the alley which was proposed to be left open and met at the corner. He stated that, even with additional property for a turning radius, the trucks would have to back all the way out the way they had come. He stated that all he was asking was that consideration be given to the other property owners in the area of the hospital. Mr. Leo Scanlon, owner of the property in the vicinity of the proposed vacation, stated that he had operated a business on LaSalle for over 50 years, and he hoped that the hospital would be willing to meet with the surrounding property owners so that they would have a clear idea of what the hospital's plans were. He wondered how much access would be available to the small businesses south of the alley, and he hoped that some of the concerns of the property owners could be satisfactorily addressed prior to Board action on the proposed vacations. Mr. Leszczynski stated -that such a meeting would be beneficial to all concerned. Mr. Summer asked if an engineering study had been made to determine how much land would be needed for the turning radius for the alley. Mr. Larimore stated that a plan could be designed to accommodate this request, and he advised that he would be happy to discuss this matter with the property owners. REGULAR MEETING AUGUST 23. 1982 Mr. Leszczynski advised that the Engineering Department was concerned about a dead-end traffic situation and cautioned the medical facility concerning leaving or developing any street or alley into a dead-end situation. The Area Plan Commission recommendation addressed the possibility of vacating the entirety of St. Peter Street and -the vacation of all alleys in the block west of St. Peter. If this was not feasible, the commission recommended that additional land in the center of the block would need to be dedicated to better facilitate turning move- ments on the remaining "L" shaped alley. In addition, the vacation of Madison Street was not consistent with the Michiana Area Council of Governments Transportation Plan under which the street was classified as an arterial city street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried,.the public hearing was closed. Mr. Hill stated that, because of the many concerns raised by adjacent property owners, he felt a meeting would be helpful and he encouraged hospital officials to set up such a meeting involving property owners and the Board. Mr. Kernan stated that he had recently been nominated to serve on the Board of Directors of the hospital and for that reason, he would abstain from voting on any matter involving the hospital. Upon (J a motion made by Mr. Hill, seconded by Mr. Leszczynski.and carried, the matter of the vacations was taken under advisement and continued to the next meeting of the Board pending a meeting with hospital officials because of the concern over the vacation of Madison and St. Peter Streets and the creation of a dead-end traffic situation. Mr. Kernan abstained from voting on the motion. DENIAL OF TAXI DRIVER'S LICENSE UPHELD (VERNON C. JOHNSON) Mr. Leszczynski advised that the Board of Public Works had denied the application of Vernon C. Johnson for a taxi driver's license on June 21, 1982, upon the recommendation of Controller Joseph E. Kernan because of the falsification of the application regarding arrest and conviction records. Mr. Leszczynski advised that Mr. Johnson had requested a hearing before the Board to discuss the denial. Mr. Johnson stated that, according to the police check, his driver's license had been revoked or suspended on two occasions; however, he stated that he had not been aware this had been done because he had received tickets for speeding and was unable to pay the fine. As a result, he forwarded the fine to Indianapolis.at a later date and never received word that his license had been suspended. He stated that another incident involved wheel covers which were stolen from his sister's automobile. He later discovered who had taken them and he claimed them back for her, because the police could not prove whose wheel covers they actually were, he was convicted of disorderly conduct. Mr. Hill asked why that information had not been included on Mr. Johnson's application concerning his prior record. Mr. Hill noted that the police check revealed the conviction of a misdemeanor on March 29, 1982, and on March 20, 1982. Mr. Johnson stated that he was not aware he had been convicted of any crime and he pleaded ignorance of the law. Mr. Hill advised Mr. Johnson that the Board's concern was the fact that Mr. Johnson had not provided the Board with all the informa- tion it required. He felt that, if all the conviction informa- tion had been provided, the Board could have made a decision as to whether or not the offenses were serious enough to warrant denial of the license. On the other hand, Mr.. Johnson had failed to even provide that information to the Board for con- sideration. Mr. Hill referred to the ordinance regulating licensing of taxi drivers and explained that it provided that any license can be refused if there is any false information or incomplete information provided. He stated that the Board was willing to consider that Mr. Johnson had been involved in two minor charges or misdemeanors in recent years; however, the Board was concerned over the fact that requested information had been withheld. He asked Mr. Johnson about the circumstances involving the disorderly conduct charge of March 20, 1982. Mr. Johnson stated that one incident involved the stolen wheel covers. 390 REGULAR MEETING AUGUST 23, 1982 He also stated that one incident.involved the shooting of his dog by his neighbor'. Mr. Hill stated that, in both situations, the fines for the incidents were minor. He advised that the primary concern of the Board was the withholding of information. He suggested that, if, within a six-month period, Mr. Johnson wished to re -submit his application for a taxi driver's license, the Board would consider approval at that time provided no other charges or convictions came about. He stated that the Board desired to see a period of time pass without any convictions or other crimes. Mr. Johnson pleaded with the Board for considera- tion of his application at this time because he was presently out of work. He advised that he had an offer to drive for Yellow Cab at this time. Mr. Hill asked Mr. Johnson why his license.had been suspended on two previous occasions. Mr. Johnson stated that he had been given speeding tickets and in both instances, he had not been speeding over 15 miles per hour over the limit. He did not have the money to pay the fines and later mailed same to Indianapolis, thereby not knowing that his license had been suspended. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the previous denial of the application was upheld, and Mr. Hill recomriended that Mr. Johnson re -apply and submit all pertinent information for consideration. Mr. Kernan abstained from voting. He cautioned Mr. Johnson about filling out the application form and stressed the importance of. providing complete and accurate information in doing so. RECOMMENDATION TO DENY TAXI DRIVER'S LICENSE (LEONARD JAMES LILLY) Mr. Leszczynski stated that Mr, Kernan had submitted his recommenda- tion for Board consideration for the denial of the taxi driver's license application of Leonard James Lilly because of incomplete information provided. Mr. Hill advised that, since Mr. Lilly was in attendance at the meeting, he could address the Board on the matter. Mr. Hill noted that, according to the police check, Mr. Lilly had been arrested in 1977 for public intoxication, disorderly conduct, resisting arrest and assaulting a police officer and was subsequently convicted of assaulting a police officer. Mr. Lilly stated that he had proof the charges were thrown out of court because of harassment by the police officer and a problem with mistaken identity. Mr. Hill suggested that action on the recommendation be continued to the next meeting of the Board pending a confirmation from the Police Department on the actual arrest and conviction record of Mr. Lilly. Mr. Lilly stated that he had only been convicted of disorderly conduct in 1977 and has had no prior involvements with the police since that time. Mr. Hill stated that, pending a check by the police depart- ment, the matter would be referred to the Controller for a recom- mendation. If the Controller felt the license should be denied, the matter would come to the Board for action; however, if the Controller felt the license could be issued based on the police report, Board action would not be necessary. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, action on, the Controller's recommendation for denial was deferred pending confirmation from the Police Department on Mr.. Lilly's past police record and a subsequent decision by the Controller concern- ing whether or not the license should be issued. Mr. Kernan abstained from voting. PURCHASE OFFER REFERRED (MICHIGAN-MAIN CONNECTOR RESIDUAL PROPERTIES) Mr. Leszczynski advised that a purchase offer from the Town Tower had been received after several years of negotiation over the sale of residual properties resulting from the construction of the Michigan -Main Connector. He advised that previously the properties had been appraised and advertised for sale and approval for the sale of the two parcels had been given by the Common Council. Mr. Ron Olson representing the Town Tower, stated that he was desirous of purchasing the property for use as a budget office building and parking. He advised that his offer was based on the city's 391 11 1 REGULAR MEETING AUGUST 23, 1982 appraisal of the two parcels, totaling $88,506.00. Mr. Leszczynski advised that, since the purchase offer had just been received by the Board late in the afternoon on Friday, August 20, 1982, the matter should be referred to the Legal Department for review prior to Board action. Mr. Olson stated that there was a sense of urgency on the matter because the offer was subject to rezoning of the property to commercial and the vacation of two alleys adjacent to the property. Mr. Hill felt a one week's delay on the matter would not cause problems. He stated that it was important that the Legal Department have an opportunity to review the offer prior to Board action. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the matter was referred to the Legal Department for review. APPROVE CONTRACT - ARDMORE TRAIL IMPROVEMENTS PROJECT (WALSH & KELLY, INC.) In accordance with the bid awarded by the Board on August 16, 1982, to Walsh and Kelly, Inc., in the amount of $260,347.95 for the Ardmore Trail Street Improvement Project, a contract for the above work was submitted for Board approval. It was noted that the project consisted of pavement, storm sewer and traffic signal improvements with an anticipated completion date of October 30, 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried,,tre contract was approved and the Performance Bond and Labor and Materials Payment Bond were filed. APPROVE COMMUNITY DEVELOPMENT CONTRACT AND ADDENDUM A contract between the Community Development Department and the Department of Public Parks was submitted for Board approval. The contract provided for the allocation of $56,-000.00 in community development funds for rehabilitation of Newman Center. Addendum No. 1 to a previously -approved contract with .the Youth Service Bureau amended that contract to provide a time extension to March 31, 1983. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the contract and addendum were approved. REJECT BIDS.FOR SALT STORAGE FACILITY AND APPROVE RE -ADVERTISING In a letter to the Board, Sean Watt, Director of the Division of Transportation, requested permission to re -advertise for bids for construction of a Salt Storage Facility. The Board was informed that, due to an ambiguity in the original bid specifica- tions in the Foundation and Ringwall Section, and the omission of storage data calculations and unit prices for additional work, an award could not be made of the two bids received by the Board on August 9, 1982. It was noted that the specifica- tions would be revised to clarify the aforementioned points. Upon a motion made by Mr. Hill, seconded by Mr. Leszczynski and carried, the bids of Verkler Construction and Horrall Harrington, received on August 9, 1982, were rejected and permission was given to re -advertise and re -bid the project. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY (621 COLUMBIA) Mr. Leszczynski noted that the Purchase Agreement for the sale of city -owned property at 621 Columbia to Anna Ewing, 619 Columbia, had been prepared and executed by Mrs. Ewing and was now being submitted to the Board for approval. He advised that the bid of Mrs. Ewing in the amount of $250.00 which was the city's offering price, had been accepted by the Board on August 2, 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Purchase Agreement was approved and the matter referred to the Legal Department for drafting of the appropriate Quitclaim Deed for conveyance of the property. 392 REGULAR MEETING AUGUST 23, 1982 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski,. seconded by Mr. Hill and carried, the following traffic control devices were approved based on the recommendation of Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting: REVISE TO 15 MINUTE PARKING - 1801 S. Miami REVISE TO STOP SIGN On Esther at Cedar REVISE TO STOP SIGN - Esther at Madison (N.E, corner) REVISE TO STOP SIGN - On Cedar at Greenlawn INSTALL 15 MINUTE PARKING- 1809 Miami APPROVE BLOCK PARTY REQUESTS The following block party requests were recommended favorably by the Bureau of Traffic and Lighting subject to the maintenance of a 12-foot clear and unobstructed lane at either curb or down the center of the street for emergency purposes: 500 block of Edgewater Drive on Saturday, September 11, 1982 (rain date of September 12th). Requested by Paul G. Crowley, 549 River Avenue. 1300 and 1400 blocks of Matthews Lane on Sunday, September 5, 1982, from 2:00 p.m, to 8:00 p.m. Requested by Veronica Mueller, 1420 Matthews Lane. Bloomfield Place from Ford to Clearview on Sunday, August 29, 1982, starting at 1:00 p.m. Requested by David A. Wells, 5104 Bloomfield Place. 1800 block of South Marine Street on Sunday, September 5, 1982, from 9:30.a.m, to 10:00 p.m. Requested by Mrs. George Edgell, 1805 Marine Street. Upon a motion rude by Mr. Leszczynski, seconded by Mr. Hill and carried, the above block parties were approved as recommended. APPROVE STREET LIGHT UPGRADING/INSTALLATION Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended the following street light upgrading/ installation on Walnut Street, from Prairie to Ewing, in the interests of safety and in conjunction with recent improvements: Removal of 5 lights (7000L, MV @ $26.00 per month) and the installation of 6 lights (9500L, HPS @ $40.50 per month) Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was approved. APPROVE "NO THRU ON RED" AT VARIOUS INTERSECTIONS Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board for approval his recommendation concerning denial of a "Thru on Red" situation at the following intersections: Arnold and Western - Due to fact that intersection has not been modernized since its installation, drainage structures make the, intersection relatively rough, and site distance is cluttered because of parked vehicles for westbound traffic viewing Arnold from the south. 393 REGULAR MEETING AUGUST 23, 1982 Prairie Avenue, Dubail and Oliver Streets - Due to fact that intersection is not a "T" intersection but an offset four -leg intersection. Lincolnway East and Miami Street - Due to fact that Miami intersects with Lincolnway East at an acute angle which obscures visibility. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above recommendation was approved. FILE ENVIRONMENTAL CLEAN-UP OF LOTS A list containing 30 lots ordered cleaned by the Director of the Neighborhood Code Enforcement Office was submitted. It was noted that property owners had been advised to clean up the lots and had failed to do so. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the environmental list was filed. APPROVE LICENSE APPLICATION Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the license application of Rosevelt Lacy, 2143 North Elmer Street, for a Rubbish and Garbage Removal License was approved and referred to the Deputy Controller's Office for issuance. It was noted that a favorable inspection of the truck to be used for the hauling of the garbage had been conducted by Loren Dyas of the Solid Waste Department. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Robert & Flora Willis, 1425 N. Adams, S.B. Susie E. Loyd, 24777 Fillmore Rd., S.B. Gladys M. Dotson, 2021 Kenwood, S.B. Marie B. Stafford, 21127 Brick Rd., S.B. APPROVE RELEASE OF CONTRACTOR'S BOND - PEDRO GARCIA Mr. Ray S. Andrysiak recommended release of the Contractor's Bond of Pedro Garcia, 534 South Kenmore Street, as requested by his insurance agent. Upon a motion made by Mr. Leszczynski, seconded by.Mr. Kernan and carried,'the above Bond was released. APPROVE CONTRACTOR'S BOND - RICHARD JOSEPH FLOWERS Mr. Ray S. Andrysiak recommended Board approval of the Contractor's Bond of Richard Joseph Flowers, 515 West Marion Street, retroactive to August 18, 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above Bond was approved as recommended. FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of two outages for the period of August 14 through August 17, 1982. Upon a motion made by Mr, Leszczynski, seconded by Mr. Kernan and carried, the report was filed. APPROVAL OF CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michiana Area CETA Consortium, submitted purchase orders totalling 51 and recommended approval. Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 15626 through No. 16227 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the reports were filed and the claims approved. 394 REGULAR MEETING AUGUST 23, 1982 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 10:50 a.m. (7o17n E. LesYjiytJkL ichard L. Hill e <, Jo phZ. Kernan ATTEST: Barbara J. Byers, Cl &rk