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HomeMy WebLinkAbout11/22/71 Board of Public Works Minutes1.20 November 22, 1971 A regular meeting of the Board of Public Works and Safety convened at 9:30 A.M. Present were Lloyd S. Taylor, City Engineer and S. J. Crumpacker, City Attorney. The minutes of the previous meeting were reviewed and approved. BIDS OPENED - DEMOLITION OF BUILDINGS RANDOLPH-SAMPSON STREET STORM WATER BASIN AREA This being the date set for receiving bids for demolition of buildings in the Randolph -Sampson Street Storm Water Basin Area in Roseland Park Addition, the Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri County News on November 12 and November 19, 1971, which were found to be sufficient. The following bids were received: Vanek Wrecking and Excavating Company, by John Vanek, 23375 Ardmore Trail, South Bend, Indiana, 46628. The bid was accompanied by a non collusion affidavit which was found to be proper. The bid was as follows: 1817 Randolph Street (Lot 26) $ 275.00 1801 Randolph Street (Lot 30) 200.00 1806 Randolph Street (Lot 32) 275.00 1816 Randolph Street (Pt. Lots 35 & 36) 475•00 1818 Randolph Street (Pt. Lot 36) 500.00 1814 Sampson Street (No. 40, Lots 89 & 90) 475.00 $2,200.00 Warner Wrecking Company, by Sam Warner, P. 0. Box 87, Elkhart, Indiana, 46514. The bid was accompanied by a non collusion affidavit which was found to be proper, together with a bid bond in the amount of 10% of the bid. The bid was as follows: 1817 Randolph Street 1801 Randolph Street 1806 Randolph Street 1816 Randolph Street 1818 Randolph Street 1814 Sampson Street (Lot 26) (Lot 30) (Lot 32) (Lot 35 & 36) (Lot 36) (No. 40' Lots 89 and 90) $ 500.00 500.00 600.00 650.00 600.00 699.00 $3,549.00 Woodruff and Sons, Inc., P. 0. Box 315 Michigan City, Indiana, 46360. The bid was accompanied by a non collusion affidavit which was found to be proper. The bid was as follows: 1817 Randolph Street (Lot 26) $ 680.00 1801 Randolph Street (Lot 30) 680.00 1806 Randolph Street (Lot 32) 860.00 1816 Randolph Street (Pt. Lots 35 and 36) 860.00 1818 Randolph Street (Pt. Lot 36) 860.00 1814 Sampson Street (No. 40' Lots 89 and 90) 980.00 $4,920.00 Upon motion made, seconded and carried, the bids were referred to the Engineer- ing Department for study and recommendation to the Board. BIDS OPENED - GASOLINE AND FUEL OIL This being the date set for receiving bids for: 1/1/72 through 6/30/72 - 300,000 gals. more or less) regular gasoline (approximately 240,000 gals. to one location in bulk transport, balance by tank truck delivery) #2 - 300,000 gals. unleaded gasoline. #3 - 130,000 gals. (more or less) Diesel Fuel #1 and #2 1/l/72 through 12/31/72 #1 - 600,000 gals. (more or less) regular gasoline (approximately 480,000 gals. to one location in bulk transport, balance by tank truck delivery). 1 1 127. 11/22/71 #2 - 600,000 gals. unleaded gasoline. #3 - 260,000 gals. Diesel Fuel #1 and #2 (about 50% for heating purposes and 50% for diesel fuel. the Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri County News on November 12 and November 19, 1971, which were found to be sufficient. The following bids were received: Sun Oil Company, by Castleman Fuel and Heating Company, Inc., 400 S. Main Street, Mishawaka, Indiana, 46544. The bid was accompanied by a non collusion affidavit which was found to be proper, together with a cashier's check in the amount of $1500.00. The bid was as follows: Item #3 - 130,000 gallons Diesel Fuel#1 @ .1456 (tank wagon) 12 @ .1356 (tank wagon) #2 .1160 (transport) American Oil Company, P. 0. Box 2858, Detroit, Michigan, 48231. The bid was accompanied by a non collusion affidavit and a proposal bond in the amount of $7,500.00 for a six months period and $15,000.00 Lf� for 12 months period which were found to be proper. The bids -were as �+ follows: U U F6.r-:the period 1/1/72 to 6/30/72 Item #1 - Regular gasoline (240,000 gals. more or less) C> 11.78� per gal. Item #2 - AMOCO lead free gasoline 13.78� per gal. Item #3 - AMOCO diesel fuel #1 12.56r per gal. AMERICAN diesel fuel #2 11.56� per gal. Transport minimum 8000 gals. gasoline. Transport minimum 6500 gals. diesel fuel. For the period 1/1/72 to 12/31/72 Item #1 - Regular gasoline (480,000 gals more or less) @ 11.78t per gal. Item #2 - AMOCO lead free gasoline (@ 13.78� per gal. Item #3 - AMOCO diesel fuel #1 P 12.56� per gal. AMERICAN diesel fuel #2 C@ 11.56� per gal. Transport minimum 8000 gals. gasoline. Transport minimum 6500 gals. diesel fuel. Cities Service Oil Company, 1207 Broad Street, St. Joseph, Michigan, 49085. The bid was accompanied by a non collusion affidavit which was found to be proper, and accompanied by a contractor's bond for supplies in the amount of $15,109.25. 'The bid was as follows: 65,000 gals. CITGO diesel fuel (tank wagon) $.1545 $ 10,042.50 65,000 gals.":CITGO #1 diesel fuel (tank wagon) .1570 10,205:00 65,000 gals. CITGO #2 diesel fuel (transport) .115 7,475.00 65,000 gals. CITGO #1 fuel oil (tank wagon) .1570 10,205.00 65,000 gals. CITGO #2 fuel oil (tank wagon) .1545 10,205.00 120,000 gals. CITGO regular gasoline (tank wagon) .1590- 19,080.00 480,000 gals. CITGO regular gasoline (transport) .1260 60,480:00 65,000 gals. CITGO #1 fuel oil (transport) .1225 7,962.50 65,000 gals. CITGO #2 fuel oil (transport) .115 _7, 475.00 65,000 gals. CITGO #1 diesel fuel (transport) .1225 7,962.50 $151,092.50 Gulf Oil Company, U.S., by Herman H. Borgert, 2717 Westbrook Drive, Fort Wayne, Indiana, 46805. The bid was accompanied by a non collusion affidavit which was found to be proper, and accompanied by a bid bond in the amount of 10% of the bid. The bid was as follows: 12S 11/22/71 Items #1 and #2 - 600,000 gals. more or less - regular gasoline or low lead (transport) (tank wagon) Item #3 - 260,000 gals. more or less #1 Gulf diesel fuel oil or #1 heating oil #2 Gulf diesel fuel oil or #2 heating oil .1194� per gal. .1394C per gal. .1313 per gal. .1213 per gal. Upon motion made, seconded and carried, the bids were referred to the Purchas- ing Department for study and recommendation to the Board. POLICE DEPARTMENT - APPLICATION FOR APPOINTMENT The application of Kenneth Edward McDonald, Jr. for appointment to the South Bend Police Department was filed with the Board and referred to the Personnel Director for further processing. SUB -STANDARDS DEPARTMENT Richard Liszewski, Sub -Standards Director, appeared before the Board and the following matters were taken up. 736 N. Frances Street. Wallace Mitchell appeared before the Board as requested. Mr. Liszewski stated the house has not been brought up to standard and is a neighborhood hazard; that the property has been under the surveillance of the Sub -Standards Department since 1961. Mr. Mitchell stated that he wished to repair the property but could set no time within which he would accomplish it. It was moved, seconded and carried that the Sub -Standards Director be authorized to seek bids for demolition of the structure within four weeks from today if the structure is not ready for occupancy by that time. 223 N. Johnson Street. Ervin J. and Mary Ann Cudowski appeared before the Board as requested. Upon motion made, seconded and carried, the matter of 223 N. Johnson Street was continued one week for the owners to decide whether to repair the property or demolish it. 738 E. Pennsylvania Street. Mr. Liszewski reported repairs have been made to the structure at 738 E. Pennsylvania Street. 112 E. Ohio Street. Neither Herschel nor Loville Lawson appeared as requested. Mr. Liszewski reported they are willing to have the structure demolished. Upon motion made, seconded and unanimously carried, the Sub -Standards Director was authorized to seek bids for demolition of the structure at 112 E. Ohio Street. 613-615-617 W. LaSalle Street. Mr. Liszewski reported contacting the attorney for the owners of this property and states he was advised the estate has no iponey and the owners are willing for the City to demolish the property. Upon motion made, seconded and carried, the Sub -Standards Director was authorized to seek bids for demolition of the structures at 613-615-617 W. LaSalle Street. 1813 Robinson. Mr. Liszewski reported the junk car has been removed from the yard but that the house, whieh is open, is in a filthy condition. Upon motion made, seconded and carried, the matter of 1813 Robinson Street was con- tinued four weeks, and the Sub -Standards Director was requested to post the property as unfit for human habitatiaon. 321 S. Laurel Street. Mr. Liszewski reported the owner is willing for the City to demolish the structure at 321 S. Laurel Street. Thereupon, it was moved, seconded and carried that contract for demolition of the structure at 321 S. Laurel Street be awarded to Machinery Supply Company on its low bid October 26, 1971, of $160.00, 1048 LaSalle Court. Mr. Liszewski reported this building has been boarded up. Thereupon it was moved, seconded and carried that the matter of 1048 LaSalle Court be continued indefinitely but kept under surveillance of the Sub - Standards Department. 1 1 129 11/22/71 1214 McCartney Street. Mr. Liszewski reported the owner has demolished this property. 1350 E. Sorin Street. Mr. Liszewski reported nothing further has been heard from the owner of this property nor his attorney. Thereupon, the Sub -Standards Director was authorized to notify Machinery Supply Company, Inc., to proceed with demolition of the structure at 1350 E. Sorin Street under contract awarded October 26, 1971, on its low bid of $305.00. Demolition bids opened This being the date set, bids for demolition of the structure at 2116 Western Avenue were opened. Non collusion affidavits were found to be proper: The bids were as follows: - Midwest Demolition -Company - $3,865.00 O'Neal Trucking Company 3,792.00 Machinery Supply Co., Inc. 3,100.00 Vanek Wrecking and Excavating Co. 3,910.00 Upon motion made, seconded and carried, contract for demolition of the da structure at 2116 Western Avenue was awarded to Machinery Supply Company, Inc., on its low bid of $3,100.00. Ln V POLICE DEPARTMENT - RECOMMENDATION FOR REMODELING INFORMATION CONTROL {� CENTER Upon motion made, seconded and carried, action by the Board on the award of contract for remodeling the information center of the Police Department was postponed until November 29, 1971. HUMANE SOCIETY Attorney Nicholas Cholis, Mrs. Martha Flanagan, President of the Humane Society, Mrs. Rogers, Secretary of the Humane Society, and other members of the Society appeared before the Board in reference to recent complaints concerning dogs running loose and particularly to an incident whereih several children were bitten by a dog on the playground of Perley School. Also present were Dr. Frith and Mrs. Janet Allen, Councilwoman at large. Following discussion, Mr. Taylor, President of the Board, stated a great deal needs to be clarified between the Humane Society, the Prosecutor's office and the Board of Works, and recommended that the Humane Society, after the first of the year, sit down with the new Administration and the Prosecutor's office for a clarification of responsibilities concerning loose dogs, and suggested that the contract between the City and the Humane Society be reviewed and possibly rewritten. POLICE DEPARTMENT - LEGAL OPINION ON OPEN MARKET PURCHASES In response to the request of the Board for a legal opinion regarding purchase on the open market of two replacement vehicles for the Police Department, the following opinion is submitted by the Legal Department, and the Clerk of the Board is directed to provide a copy t6 all Depart- ments as a matter of information: "November 17, 197; "Re: Bid of Don Medow Motors, Inc. dated 10/26/71 - two Matador Sedans for Police Department "The question posed by this bid is whether the same may be accepted by the Board of Public Works under IC 5-17-1-1, being Burns, Sec. 53-501 as the statute was amended by the 1971 Legislature, by purchasing on the open market without the giving of notice or the receiving of bids. "The first part of the statute provides that when the purchase of materials, equipment, goods and supplies does not exceed $4000.00 the purchase may be made without comply- ing with the notice and bidding requirements outlined in IC 5-17-1-2, being Burns Sec. 53-502. The statute does on to 130 11/22/71 provide that in the case of the purchase of materials and supplies where the total amount does not exceed $5000.00, the purchase may be made in the open market without giving of notice or the re- ceiving of bids. The bid in the present instance by Don Medow Motors, Inc,, is for two automobiles in the aggregate amount of $4,976.48. "Thus, the question resolves itself to one of whether the $4000.00 or the $5000.00 provision of the statute governs this purchase. The narrower question is whether automobiles are equipment and if so are they included within the $4000.00 or the $5000.00 provision. "An attorney general's opinion, 1965 O.A.G. No. 49, p. 257, holds, in construing the term ' supplies and materials' as such term is used in another statute, that supplies and materials refer to any and all personal property of every kind and description which any executive department may purchase for city use. Cited in support of this conclusion is Burns, Sec. 48-7007, which so defines the term 'supplies and materials.' "It is submitted that this attorney general's opinion is of doubtful applicability in construing terminology used in a different, although somewhat related, statute. Also, to hold that materials and supplies necessarily include equipment, would render any distinction intended by the Legislature in making a differentiation as to purchases of $4000.00 and $5000.00 a nullity. "It, therefore, seems that the only safe and logical construction of the statute is that equipment is not embraced within materials and supplies and that the purchase of automobiles, which are equip- ment, is covered by the $4000.00 maximum. "It would further seem that since these vehicles are replacement automobiles and not fleet purchases, the Board of Works could purchase the same individually and not violate the requirement of purchases to be on a unit basis as required by the same statute. The term unit basis has been construed by the aforementioned attorney general's opinion to mean the annual requirements of any governmental unit, based upon the fiscal year. Very truly yours, CITY OF SOUTH BEND s/ Robert M. Parker, Assistant City Attorney." WAGE SCALES FOR 1972 Upon motion made, seconded and carried, the following wage scales for 1972 were approved by the Board, and "Amendment to the Memorandum of Understand- ing 5/1/70 through 4/30/73" was signed by the Board and referred to H. Wayne Brownell, Personnel Director, for signature of Local Union No. 364 affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and helpers of America. Street Department City Cemetery General labor $2,91 per hr. Skilled labor 1 $3.17 per hr. Skilled labor 1 $3.17 per hr. Equipment Operator 1 $3.28 per hr. Medium Equipment operator $3.29 per hr. Skilled Labor II $3.39 per hr. Heavy equipment operator $3.51 per hr. Sanitation Department Truck drivers $139.65 per week Laborers $122.85 per week 11/22/71 Traffic Department Municipal Services Facility Signal Technician 1 $3.73 per hr. Stock Clerk 1 $6,439.00 per yr. Signal Technician II $4.20 per hr. Stock Clerk II $6,983.00 per yr, Group Leader $3.62 per hr. Janitor $5,891.00 per yr. Sign Artist $3.62 per hr. Mechanic 4.01 per hr. Equipment Operator Ili $3.51 per hr. Building Engineer 4.01 per hr. Equipment Operator 11 $3.39 per hr. Preventive Maintenance 3.17 per hr. AREA PLAN RECOMMENDATION ADOPTION OF VACATION RESOLUTION NO. 3349, 1971 GATES CHEVROLET CORPORATION Area Plan Commission files with the Board its recommendation for the vacation of the east -west alley between Wayne Street and Western Avenue, from William Street to Franklin Street; also the north -south alley between William Street and Franklin Street, from Wayne Street to Western Avenue. Thereupon, the following resolution was adopted: "Vacation Resolution No. 3349, 1971 2PJ "RESOLVED BY THE BOARD'OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: U The east -west alley between Wayne Street and Western Avenue from William Street to Franklin Street. Also, the north -south alley between - Wiliiam Street and Franklin Street, from Wayne Street to Western Avenue. "Reserving the rights and easements of all utilities and the municipal City of South Bend, Indiana, to construct and main- tain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual utilities. "The following property may be injuriously or beneficially affected by such vacation: All of the area bounded by Wayne Street on the north, Franklin Street on the east, Western Avenue on the south and William Street on the west. "Notice of this resolution shall be published on the 26th day of November and the 3rd day of December, 1971, in the South Bend Tribune and Tri County News. "This Board, at its office, on the 6th day of December, 1971, at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. "Adopted this 22nd day of November, 1971. BOARD OF PUBLIC WORKS AND SAFETY s/ Lloyd S. Taylor ATTEST: s/ S. J. Crumpacker s/ Doris Allen, Clerk." PETITION TO VACATE FREMONT STREET - SOUTH BEND COMMUNITY SCHOOL CORPORATION Attorney Jack C. Dunfee files with the Board the petition of South Bend Community School Corporation to vacate Fremont Street, from Longley Avenue north to the first east -west alley. Upon motion made, seconded and carried, the petition was referred, simultaneously, to the Engineering Department and the Area Plan Commission for study and recommendation. 132 11/22/71 HEARING ON ASSESSMENT ROLL - RESOLUTION NO. 3348 1971 FOR OPENING OF STREET - NORTH SHORE WOODS ONE This being the date set, hearing was had on the assessment roll in Resolution No. 3348, 1971, for the opening of North Shore Drive, South Bend, Indiana, from its existing termination point at the south railroad right of way of the St: Joseph Valley Railroad Company, -now Michigan Central Railroad and/or Michigan Airline Railroad Company, tenn Central Transportation Company, lessee thereof, to the north line of such railroad right of way. Such involved opening and extension of such street is situated within the limits of the City of South Bend, Indiana. Proofs of publication of notice in the South Bend Tribune and the Tri County News on October 29, November 5 and November 12, 1971, were tendered by the Clerk and found to be sufficient. There being no net benefits and no net, damages and no remonstrators having appeared and no written remonstrances having been received, upon motion made, seconded and unanimously carried, the assessment roll was approved as presented, and the resolution adopted September 27, 1971, in all things ratified and confirmed and the proceedings closed. REQUEST FOR 12 MINUTE PARKING - 305 W. JEFFERSON BOULEVARD Upon motion made, seconded and carried, the request of Instant Copy of Indiana, Inc., 305 W. Jefferson Boulevard, South Bend, Indiana, that parking meters in front of 305 W. Jefferson Boulevard be changed from 60 minutes to 12 minutes was referred to the Traffic Engineering Department for study and recommendation. REQUEST TO HOLD MARCH - 1714 MILES AVENUE CHURCH (TOM REYNOLDS) Upon motion made, seconded and carried, the request of Tom Reynolds for the 1714 Miles Avenue, Mishawaka, Indiana, church to hold a march at 1:00 P.M. on Saturday, December 11, 1971, in the downtown area was referred to the Traffic Engineering Department and the Police Department for recommendation and action of the Board postponed until November 29, 1971. REQUEST TO PLACE CHRISTMAS BOOTHS ON SIDEWALK - THE SALVATION ARMY Upon motion made, seconded and unanimously carried, the Board approved the request of Major Herbert Fuqua for the Salvation Army to place Christmas booths on the sidewalk at Michigan and Wayne, Michigan and Jefferson and Michigan and Washington Streets during the Christmas season to raise funds for charitable purposes. COMPLAINT - AMY KEKKO Upon motion made, seconded and carried, the letter of Amy Kekko, 52218 Lilac Road, South Bend, Indiana, complaining of curb damage by snow plows at 206 N. Sunnyside Avenue, was referred to the Legal Department for appropriate action. CONTRACTOR'S BOND Certificate continuing contractor's bond of Jay A. Kretchmer to 1/l/73 was approved and ordered filed. EXCAVATION BONDS Excavation bond for Herbert H. Law to 11/18/72 was approved and ordered filed. Certificate continuing excavation bond of Charles Nettrouer to l/l/73 was approved and ordered filed. STREET LIGHT OUTAGE REPORTS Street light outage reports for the period November 12 to November 18, 1971, were ordered filed. 11/22/71 133 There being no further business to come before the Board, the meeting adjourned at 11:40 A.M. 1 A T: Clerk 1 1 Lloyd ,aylor S. J. Crumpa ker