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HomeMy WebLinkAbout02/14/1956 Board of Public Works MinutesIn 0 • RESOLUTION ADOPTING FINAL ASSESSMENT ROLL RESOLUTION NO. 2820, !955 After hearing all persons interested who appeared and the Clerk of the Board : of Public Works and'Safety-having proofs of publications - of the notices to property own- ers and the; same having been found sufficient, therefore, BE IT RESOLVED., by the Board of Public Works & Safety of the City of South Beni, Indiana, that the'?rimary or'Prelim-in'a-'ry Assessment Roll adoptbd-by the Board on the 23ra, day of January., 1956,-for the improvement of Beverly ?1&de from a manhole at Lot #36 to Lathrop Street by constructing a combined sanitary and storm sewer, be and the same is iri all things confirmed. R.S. Andrysiak Irving J. Smith Prank J. Bruggne Attest: BOARD OF PUBLIC WORKS & SAFETY:Anthony J. Saboj F)Ie4r There'beirig no further business to come before the B d, the meeting was ad- journed at 11:3Q,A.M. I ------- ) 7r -S Attest: 14, 1956 A regular meeting of the Board of Public Works was held on Tuesday, February 1 4 ,1956 at 10:00 A.M. All members were present. Minutes of the previous meeting were read ,and approved. Salary claims in the total amount of $36,087.14 were approved. Claims of 'the following suppliers in the total amount of $13,994.94 were approved and ordered paid !'Arrow Towel & Linen Serv. 17.10 Arrow Towel & Linen Serv. 12.00 Dean Crumstead '45i6o Indiana & Mich, Elec. Co. 12,031.27 ''Indiana & Mich. Elec. Co. 408' 0 The Record 12.74 .'Verner L. Lane 16'96 The Reocrd 7.13 i'Helsay-LeRoy 6!92 31 South'Bend Tribune 6.53 IlThe Record 6.70 Sinclair Refining Co.. 30.60 �South Bend Tribune 11:25 Walter'Stickley 26.32 ; IWeisberger Bros. Inc. 130:55 Dale E. Shelly 102.16 SANITATION South Bend Iron & Metal Co. 17.55 South Bend Iron & Metal Co. 11.25 !I SEWAGE WORKS OPER. & MAINT. FUND ICITY Water Works 14-4.6 City Water -Works 35.16 i'''STREET & TRAFFIC !American Auto Parts, Inc. 25-90 Business Systems Inc 28.29 'Business Systems, Inc. 60.62 Business Systems, Inc: 1.58 �!City Sales Co. 96-67 Edwards Iron Works 22.74 IlEdwards Iron works 19:97 Edwards Iron Works 136.46 1Drs. Ericksen & Olson 10.00 The Gibson Company 47-46 11,Indiana Bell,Tele Co. 40-34 Indiana Bell Tele 9.19 Indiana Bell*Tele Co. 9.69 Ind. & Mich. Elec: Co. 150.40 Ind. & Mich. Elec. Co. 4-80 Memorial Hospital 5.00 .Memorial Hospital 12-15 Municipal Supply Co. 53.45 Scherman-Schaus-Freeman 14:10 Scherman-Schaus-Preeman Co. 7.95 'W. J. Stogdill, M.D. 10.00 Granville P' Ziegler 20.00 i,;City Sales 8.85 Granville P. Ziegler 135. 00 Mr. Verner L. Lane, Bldg. Commissioner, appeared before the Board with refer- i lenc e to the defective sidewalk adjacent to 106 W. Washington St. and requested that im- meidate I action be taken to barricade the sidewalk. Request granted. Verner L. Lanes Bldg. Commissioner, requested permission to have the plumbing ;!,inspector to inspect his department. Matter to be taken up with Mr. Andrysiak. V VACATION RESOLUTION NO. 2821 - 1956 This being the ddte set., hearing was held on the resolution heretofore adopted :,by the Board of Public Works & Safety for the vacation of 28th Street extending south froyl Ithe South line of Pleasnat Street to -the North line of Northside Blvd., under Resolution JNo, 2821* The Clerk of the Board having shown sufficient proofs of publication and no tremonstrators having appeared and no written remonstrances having been filed.with the Cle ks I i ;it was moved, seconded and unanimously carried that the said resolution be finally adopte' ,land the said portion of alley be vacated. The En�ineerin� Department directed to pre roll covering the assessment o benefi s and the award of damages to tie pare an assessment ss t is surrounding properties. (' R. S. Andrysiak, City Engineer., filed primary assessment roll showing the awards of damages and the assessment of benefits in the matter of the vacation of all of 28th Street extending South from the South line of Pleasant Street to the North line of Northside Blvd., under Resolution No. 2821. In the above named assessment roll, the Board hereby order that it will: meet in the City Hall at 10:30 A.M. on the 12th day of March, 1956, for the purpose of hearing and receiving remonstrances from all persons interested in or affected by said vacation, and the Board 'further orders that notice -of -said hearing, together with the a mount of damages awarded and benefits assessed be addressed to the property owners by publishing same on the 17th'day of February, 24th day of February, 2nd day of March, 1956, in the South Bend Tribune and The Record. The following property may be injuriously or beneficially affected by such vacation: Lots 30 to 103 inclusive, - Plat of Twin City Realty Company; Subdivision of Lot "C" in River Park within the City of South Bend, Indiana Respectfully submitted this 14th day of February, 1956. R.S. Andrysiak !' City Civil Engineer A letter was received from the South Bend Firements Association in regards to permission for the use of the calss room at the Central Fire Station for the purpose of holding monthly meetings of the Firemen+s Association. Request granted. A petition was received asking for the vacation of the alley behind Lots B-C-D-E-G and H of Wegner & Kreighbaumts Vistula Avenue Addition, and was referred to the City Plan Commission for their investigation and recommendation. Comes now -Patrolman Erwin F. Kowalski, and moves this Honorable Board t dismiss all.matters and hearings:=regarding certain alleged charges of misconduct on the !i part of said Patrolman Erwin,F. Kowalski that may be pending before said Board on the grounds that: 1. Proper and sufficient notice of any alleged charges has not been given to said Patrolman Erwin F. Kowalski as required by law and the statutes of the State of Indiana. 2. That proper and sufficient charges have not been properly filed and placed on record on the records of said Board. ! 3. Prior acts of said Board in 'refusing to dismiss said hearing -and pro- ceedings, and all other proceedings that have taken place by said Board regarding alleged !; charges of misconduct by Patrolman. Erwin F. Kowalski hav e-hot been according to law and; statutes of the State of Indiana governing such proceedings. WHEREFORE, said Patrolman Erwin F. Kowalski moves and petitions said Board to dismiss all hearings and proceedings and matters'of record -concerning certain alleged acts of misconduct on behalf of Patrolman Erwin F. Kowalski, and strike all such matters from:.its records. PETITION FOR DISMISSAL IN THE MATTER OF PATROLMAN ) ERWIN F. KOWALSKI ) CRUMPACKER, MAY, BEAMER, LEVY & SEARER BY Arthur A. Ma�� Attorneys or Patrolman Erwin F. Kowalski PETITION FOR DISMISSAL The Board of Public Works having examined the Petition for Dismissal filed by Crumpacker, May, Beamer, Levy & Searer, attorneys for Patrolman Erwin F. Kowalski, now makes the following written finding: The minutes of the Board of Public Safety with reference to Patrolman Erwin F. Kowalski may be summarized as follows: 1013155 - Erwin F. Kowalski and his attorney Arthur A. May, appeared before the Board of Public Safety in answer to notice served for a charge of violation of regulations, specifically, Rule 12. At said time Arthur A. May, Attorney for said Kowalski asked leave that a bill of particulars be filed setting out the grounds on which the specific charges were to be placed upon the record and further requested that the -notice cancelled and set aside. The Board at said meeting refused the request for cancella- tion of the notice and granted a request for a bill of particulars to be filed. 10/10/55 - Chief Police R. J. Gillen requested additional time to prepare bill of particulars with reference to violation of Rule 12 by Erwin F. Ko- walski, and the Chief of Police was granted two additional weeks. 10/24/55 - Arthur A. May, Attorney for Patrolman Erwin F. Kowalski, was notified by the Board of Public Safety of the deferment. CJ • n U • 0 441` 12-5/55 - The Board considered the charges "on -file" against Patrol- man Erwin F. Kowalski asset out by a bill of particulars, and set the 12th day of December, 1955, for disposition. . 12 12/55 - / Arthur A. May, appeared before the Board of Public Safety and requestedthirrty days continuance. Request granted. Hearing set for January 9, 1956. 1/9/56 - A new Board of Public r Safety -representing the City of South Bend, not having had the opportunity to examine the file'continued the matter to the 13th day of February, 1956, and Crumpacker, May , Beamer, Levy & Searer on behalf of Erwin F. Kowalski filed Petition for Dismissal. The Board of Public Safety has examined all -papers attendant to this file, be- �inning with a letter directed by the Chief of-'Pol ce, R. J. Gillen on the 29th day of September, 1955 to Erwin F. Kowalski, directing him to appear before the Board of Public Safety for violation of Rule 12 of the Official Rules and Regulations of the South Bend Police Department on the 3rd day of October, 1955• Nowhere in the minutes of -the -Board of Public Safety is there to be found the n�otice on the part of the Board of Public Safety to Erwin F. Kowalski with reference to vviolation of Rule 12. Subsequently, an examination -of the file discloses a letter directed to Erwin . Kowalski on the 22nd day of November, 1955 setting out a bill of particulars. A copy f this letter shows that the bill -of particulars was signed by the City Attorney in his apacity as City Attorney and not as -President of the Board of Public Safety, and nowhere n the minutes of the Board of Public Safety does there appear a copy of the bill of part culars. On examination of Section 48-6105, 1950 Replacement, Burns Indiana Statutes, i Found the following with reference to members of the police force and fire department: •"They may be removed for any cause other than politics.,. after written notice is served upon such -member in person or by copy left at his last and usual place of residence notifying him or her of the time and place of hearing, and after an opportunity for a hearing is given, if demand- ed, and the written reasons for such removal shall be entered upon the records of such board. On the conviction in any court of a member of I the said fire or police fort e, including police radio operators and police signal and fire alarm operators, of any criminal offense, or up- on a finding and decision of -the board that any such member. has been or is guilty of neglect of duty, or of violation of rules, or neglect or disobedience of orders, or of -incapacity, or absence without leave, or • i immoral conduct, or -conduct injurious to the -public peace or'welf are or conduct unbecoming-dn officer, or Other breach of discipline, such com- missioners shall have power to punish the offending party by reprimand, forfeiture, suspension without pay, dismissal,or by reducing him or her to a lower grade and pay." Further examination of the statute discloses that the charge made must be spec: Ific as to time, place and nature of offense or offenses charged. It is the finding of this Board that it is the duty of the Board of Public Safe ty to bring its written charges clearly within the statute providing therefore, and that lErwin F. Kowalski could be tried before the Board of Public Safety only when the written • reasons are entered upon the records.of the Board. i It is further the opinion of the Board of Public Safety that nowhere in the re- cords appear notice, charges or bill of particulars emanating from the Board of Public Sa fety as required by the stature of the State of Indiana. We cite the case of City of Fort Wayne v Bishop, 228 Ind. 30 • 92 N.E. 2nd 5 , wherein the court stated: "The Board of Public Safety agreeable with the statute under which it was acting, could not have a quaise star Chamber session without a suf- ficient written charge against appellee duly entered upon record, hear evidence and then adjudge appellee guildty of offenses with which she she had not been charged." This Board of Public Safety cannot hear evidence of charges against the said Er win F. Kowalski when no lawful charges have been filed. It is,therefore, the finding of this Board of Public Safety that the Petition fr . Dismissal of charges against Erwin F. Kowalski heretofore filed on the 9th day of January] 1956 be sustained. i Irving J. Smith Frank J. Bruggner I � R. S. Andrysiak I BOARD OF PUBLIC WORKS & SAFETY 442 Mr. Ted L. Bliss appeared before the Board with reference to a taxi -cab license. The ,Controller recommended that the license be denied and after review of the police records cif Mr -Bliss, the Board now confirms the finding of the Controller and the application of the !siad Ted L. Bliss was denied. A letter was received from the Public Library by Roger B. Francis requesting permisy Sion to install a sidewalk book return box at the Virginia M. Tutt Branch Library at 2009 Miami Street. Also, a request to have the three parking meters in front of the Central Lj- !brary entrance on Main Street changed to twelve minute meters. Referred to Traffic=:Eng. A letter was received from the Disabled'American Veterans, Inc. by Ward Anderson red • questing permission to sell flowers on the streets of the City of South Bend on May llth and 12th. Permission granted. City Plan Commission A'letter was receiv4rom the City Plan. Commission recommending the vacation of thej alley between Lots No. 137 and 136, and 149 and 150 of North Shore Terrace addition, lyiig .westerly of Marquette-Ostemo intersection and it was referred to the Engineering Department for further investigation and report. The request of the Green Arrow Parking Company to change the rate on the Lot No. 41 located directly behind the old Oliver Theatre Building, from 25� each hour or less to 35�i, • first hour and 1OX for each additional hour is acknowledged as received and the company 1 is informed that they must follow necessary procedure as is set out in Chapter 19, Section: 10 of the South Bend City Code. Melvin H. Baer appeared before the Board requesting permission to use the Fire Sta [tions on Sunday, February 19, 1956 as receiving stations during the Multiple Sclerosis Campaign. Permission granted. is The Contract Supplement No. 25 pertaining to the paving of Riverside Drive between Colfax Road and Cleveland Boulevard as per plans and specifications as approved by the City of South Bend under Resolution No. 2822 and further as per proposal letter of Sollitt Con- struction Company, Inc., dated February 13, 1956. Plans and specifications approved. • ENTRY OF PETITION PRESENTED RESOLUTION NO. 2829 The Board of Public Works & Safety hereby -received and placed on file the Petition of Wilson M. Cross and 1 others for the improvement of Woodlawn Blvd. (lots 373, 374 and 1375 only) from Inglewood Blvd. to the existing manhole at Lot 372 by construction of local hcombined sewer. I PETITION REFERRED TO ENGINEER RESOLUTION NO. 2829 The Petition of Wilson M. Cross and 1 others -for the improvement of Woodlawn Blvd. (lots #373 374 and 375 orily) from Inglewood Blvd. to the existing manhole at Lot #3?2 ;by constructing a local combined sewer, is referred to City Engineer, for investigation and recommendation at the next regular,meeting of this Board. R. S. Andrysiak Frank J.'Bruggner ;i Irving J. Smith BOARD OF PUBLIC WORKS & SAFETY CITY CIVIL ENGINEERtS RECOMMENDATION RESOLUTION NO. 2829 Referring to the Petition of Wilson M. Cross and 1 others for the improvement of Wood - lawn Blvd. (lots 373, 374 and-375 only) from Inglewood Blvd. to the existing manhole at Lqt #372 by constructing a local combined sewer. I would recommend that the Petition be (granted). By R. S. Andrysiak City Civil Engineer ORDER TO ENGINEER FOR PRELIMINARY PLANS RESOLUTION NO. 2829 According to the recommendation of the City Civil Engineer concerning the petition of Wilson M. Cross and l others for the improvement of Woodlawn Blvd. (lots #373,374 and 375 only) from Inglewood Blvd. to the existing manhole at lot #372 Charles W.-Cole & Son is hereby directed to prepare Plans, Drawings, Profiles, General Details- Specifications, Estimates and the Preliminary Improvement Resolution for improving such part of said stre( by constructing a local combined sower. R.S. Andrysiak Irving J. Smith Frank J. Bruggner BOARD OF PUBLIC WORKS & SAFETY s 443 h VACATION RESOLUTION NO. 2828 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: That it is desirable to vacate the following: i JOHNSON STREET FROM THE NORTH LINE OF WASHINGTON AVENUE TO THE SOUTH LINE OF ORANGE STREE1, SUBject to the conditions outlined in letter of December 14, 1955 to the O'Brien Corpora- tion from the Board of Public Works and Safety. aThe following property may be injuriously or beneficially affected by such va (cation; Lots numbered 25,30,31,32,46, and 47 in College Grove Addition. Notice of this resolution shall be published on the 17th day of February and o' ze 24th day of February, 1956 ih th.e"'South:.Bend Tribune and The Record. This Board, at its office in the City Hall on the 5th day of March, 1956 at 10:130 .M. (CST) will hear and receive remonstrances from all persons interested in or affected; Y these proceedings. 11 Adopted this 14th day of February. R.S. Andrysiak Irving J. Smith Frank J. Bruggner BOARD OF PUBLIC WORKS & SAFETY I' The time now being 11:00, it was so announced and the bids for the Street De- partment were opened; Proof of publication in the South Bend Tribune on the 3rd day of ebruary and on the loth day of February, 1956 was submitted to the Board with an affidav signed by C. G. Livengood of the South Bend Tribune as to notice of bid. Also, proof of' • publication of the Record on the 3rd day of February and on the loth day of February, 195 accompanied by an affidavit signed by W. DeCanio showing notice of bids was submitted to the Board. They are as follows: Internation Salt Company, Inc. Y A certified check in the amount'of PO Drawer 511 $2000. accompanied the bid:.:.and a non - Scranton, Pennsylvania collusion affidavit. -Sterling Detroit "CC" or No.l BULK Minimum truckload - 20 tons . . . . . . . $14,400.00 • 100# Multi -Wall Paper Bags Minimum truckload - 10 tons, with 15 tons preferred 19,800.00 j Shipments released on or after April 1, 1956 will be invoiced at $.40 per ton above quoted prices. ri 0 0 MORTON SALT COMPANY PO BOX K, Grand River Station Detroit 8, Michigan A non -collusion Affidavit and a certi fied check in the amount of $1980. ac companied the bid. 1000 Ton Morton Rock Salt in 10*b Multi -Wall paper sacks .$19;800.00 1000 Ton Bulk Morton Rock Salt Delivered via Dump Truck in 40,000 lbs. minumum loads . . . . . . . . . . . . . . . 14,400.00 Shipments released on or after April 1, 1956 will be invoiced at $.40 per ton above quoted prices. The Bids for the Sewage Lift Station also were opened and read as follows: C•& C CONSTRUCTION COMPANY 2001 E. Pontiac Street Fort Wayne, Indiana A check in the amount of $1,800. ac- companied the bid. ITEM I 5 cu* yds. rock excavation . $50.00 ITEM II 20 cu. yds. crushed stone or gravel foundation material, complete in place . . . 160.00 ITEM EM�III 3,000 ft. board measure of lumber sheeting and bracing ordered left in place 600.00 STEM IV 15Q LINEAL FT. OF Wood piling, complete in place . 738.00 I ECM V 70 sq. yds. of bituminous pavement replacement. . 224.00 �� 20 lineal ft. of concrete curb and gutter replacement 76.00 444 1 ;ITEM VII 325 lineal ft. of 6 in. cast iron pipe force main in place, 1U5.00 .ITEM VIII Base bid for the construction of the complete work on Lift Station No. 16, as detailed on the contract drawings and described herein, the lump sum of . . . . . . . . . 430,165.00 ;TOTAL BASE BID: The sum of the foregoing Items Nos. 1 through 8 inclusive is $33,898.00 i H. W. HUNTER A certified check in the amount P.O. Box 509 of $1,600.00 accompanied the ,Plymouth, Indiana bid. ITEM I ITEM II ITEM III ITEM IV ITEM V 5 cu. yds. rock excavation . . . . . . . . . . . . . . . . . . . . $ 50000 20 cu. yds. of crushed stone or gravel foundation material, complete in place . 150.00 3,000 ft. board measure of lumber sheeting and bracing ordered left in place . . . . . . . . . . . . . . . . . . . . . . . . 480.00 180 lineal ft. of wood piling, complete in place . . . . . . . . . 576.00 70 sq. yds. of bituminous pavement replacement . 1ITEM VI 20 lineal ft. of concrete curb and gutter replacement . . . . . .. 21©,00 `.ITEM VII 325 lineal ft. of 6 in. cast iron pipe force main in place . . . . 1625.00 ITEM VIII Base bid for the construction of the complete work on Lift Station No. 16, as detailed on the contract drawings and described herein, the lump sum of . . .. . . . , . . . , . . . . . . .28,810.00 TOTAL BASE BID: The sum of the foregoing Items Nos. 1 through 8 inclusive is . . .$31,981.00 'All bids were taken under advisement, to be tabulated., and, awards of contracts will be ,made at the next regul&r meeting of the Board, Monday, February 20, 1956. VACATION RESOLUTION NO. 2824 This being the date set, hearing was held on the resolution heretofore adopted ,:by the Board of Public Works & Safety for the vacation of 26th Street from the North line,', Hof Jefferson North td the south line of Marshall St., under Resolution No. 2824. The Clerk ,,of the Board having shown sufficient proof of publication and no remonstrators having ap peared and no written remonstrances having been filed with the Clerk, -it was moved and sec- onded and unanimously carried that the -said resolution be finally adopted and the said por- Ition of alley be vacated. The Engineering Dept, is directed to prepare an assessment roll° ,;covering the assessment of benefits and the award of damages to the surrounding properties. VACATION RESOLUTION NO. 2823 This being the date set; hearing was held on the resolution heretofore adopt ;ed by the Board of Public Works & Safetfor the vacation of Chicago Street, Lots No. 9 to 18 inclusive, under Resolution No. 2L3. The Clerk of the Board having shown sufficient ;proof of publication and no remonstrators having appeared and no written remonstrances hav- ing been filed with the Clerk, it was moved, seconded and unanimously carried that the said iIResolution be finally adopted and the said portion of alley be vacated. The Engineering! (Department is directed to prepare an assessment roll covering the assessment of benefits and the award of damages to the surrounding properties. There being no -further business to come before the Board, the meeting was ad journed at 11.20 A.M. (CST). Attest: Clerk • 0 0 • 0