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HomeMy WebLinkAbout12/10/1979 Board of Public Works Minutes276 REGULAR MEETING DECEMBER 10. 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, December 10, 1979 by President Patrick M. McMahon, with Mr. McMahon,,Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Brunner reported that the minutes of the December 3 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr, Mullen seconded the motion and it carried. AGENDA ITEM ADDED Mr. McMahon made..a.motion that correspondence regarding the Soluble Oil Facility be added to the agenda. Mr, Brunner seconded the motion and it carried. OPENING OF BIDS - WASHINGTON STREET LIGHTING This was the date set for receiving bids for Street Lighting on Washington Street. 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: Morse Electric Company Bid was signed by Edward H. Morse, South Bend, Indiana non - collusion affidavit was in order and a 5% bid bond was submitted. Bid - $32,341.00 Arrow Electric Company Bid was signed by Harold Markward, South Bend, Indiana non - collusion affidavit was in order and a 5% bid bond was submitted Bid - $24,546.42 The project involves eighteen lights and the estimate for the contract is $35,000. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bids were referred to the Bureau of Traffic and Lighting for review and recommendation. FILING OF CORRESPONDENCE - SOLUBLE OIL FACILITY Present were Councilman Joseph Serge, Chairman of the Common Council Public Works Committee, Dr. William McCraley and Paul Trost of the St. Joseph County Health Department and Mr. Brophy of Prenco, Inc. Mr. McMahon read the following letter: " To: Members of the Board of Public Works Mayor Peter J. Nemeth Mayor -elect Roger 0. Parent Present Members of the Common Council Newly- elected Members of the Common Council From: Patrick M. McMahon, President, Board of Public Works The Prenco soluble oil facility matter has taken a turn which is not bringing credit to the Council Oaks Addition Civic Association. It is very unfortunate that one of the spokesmen for the group has questioned my integrity, Those tactics take away from the very legitimate issue raised by the Council Oaks Neighborhood Association - the siting of plants such as the Prenco soluble waste disposal facility. Resolving difficult public 1 W REGULAR MEETING DECEMBER 10, 1979 issues is not easy, and I can understand the deep emotions involved in this particular matter, but to question people's integrity just to have the matter decided in one side's favor is wrong. The soluble oil facility was established in 1974 by the City as a public service for local industry and later was leased to Prenco, Inc. mainly to allow for more efficient operation and lower the cost to City taxpayers of operating that facility. The type of waste burned and the operating standards are not under the jurisdiction of any City government agency. However, I and other City officials are concerned that the regulatory agencies at all levels perform their oversight duties. Let me emphasize that I have no knowledge that these regulatory bodies are not presently performing their responsibilities. The information I have communicated to the public as President of the Board of Public Works is information I have received from representatives of such regulatory bodies. For the benefit of the public, I have attached a letter and report from the St. Joseph County Health Department on the Prenco soluble oil facility. The primary issue raised by Mr. Sidney Wolf in his statement of December 7, 1979, revolves around his allegation that in my report to the Board of Public Works and City Council I stated that all three agencies (Local Health Department, State Health Department and Environmental Protection Agency) had continuously monitored the Prenco facility. I made no such claim, and I attach a copy of said report as evidence of this fact. To have made such a suggestion would have displayed a total and complete ignorance of the roles of each of these agencies in such matters. It is the local Health Agency which has sole responsibility for the licensing and monitoring of the Prenco unit. The State Board of Health and the Environmental Protection Agency have no legal responsibilities in these specific areas. The State's responsibilities in St. Joseph County relate solely to the monitoring of our local Health Agency. The EPA's primary responsibilities lie in the formulation of regulations and policy, and once adopted, said agency is responsible for overseeing that these regulations are adopted and enforced by each State Health agency. Mr. Wolf's allegations in this regard have apparently been issued in an attempt to discredit both myself and the Board of Public Works. Mr. Wolf is free to publicly challenge my recommendations and con - clusions at any time he so chooses. He does not, however, have the right to challenge my honesty, or accuse me of providing the Board or Council with misinformation. Such an action is certainly not of credit to Mr. Wolf. I have stated previously that the siting of plants such as the Prenco incinerator is a matter which the Board and the City elected officials should review. I even went further and received an agreement from Prenco to refrain from making any further improvement on their new facilities located at this site until the siting question has been reviewed and decided. My job as City Engineer and President of the Board of Public Works is not to react blindly to every pressure group which comes before me, but rather to react after full consideration of all the facts and after all the policy implications for the citizens of South Bend have been addressed. It is more than proper for the Council Oaks Addition Association to care for and fight for their neighborhood. • REGULAR MEETING DECEMBER 10, 1979 I respect that. The Board of Public Works respects that. And the Board may well decide to terminate the Prenco, Inc. lease, but it should also address the following questions. 1. What amount of soluble waste is generated in. the St. Joseph County area? What increase in such amounts are predicted for the next five to ten years? 2. What need exists in our area for soluble waste disposal facilities? 3. What is the present state of the art in disposal of such wastes? 4. What alternative approaches exist for the safe disposal of soluble wastes in our area? 5. What sites are available for the location of soluble waste disposal facilities? This morning I make two recommendations to the Board of Public Works. First, that the Board of Public Works delay any decision to terminate the Prenco lease until the next City Administration and City Council have taken office on January 1, 1980. The decision to terminate the lease should be left up to the incoming administration and Council because such a decision may have legal and financial ramifications which they will have to deal with and because only a few weeks are left until these elected officials take office. Second, that a thorough study of the questions listed above be commissioned by the City through a contract with an appropriate firm. This will allow for all major facets of the matter to be thoroughly considered and will prepare the way for broad consideration of the total issue of soluble waste disposal in our area. I shall request that an appropriation be made from 1980 Revenue Sharing Funds as soon as possible, in hopes that the study can be completed in about sixty days. Please note that I am not suggesting that the decision about the lease be delayed until the study is completed. Very truly yours, s/ Patrick M. McMahon, P. E. President " Mr. McMahon then commented on the allegations made by Mr. Wolf that the Prenco facility burned PCB's and said that is not consistent with any information that has been received from the Health Department or Mr. Brophy. Mr. Brophy stated that he had not made application to burn PCB's in South Bend. Mr, McMahon asked if he had made such application elsewhere and Mr. Brophy said he had made application to burn PCB's at locations in Michigan. Mr. McMahon asked Mr. Brophy if the EPA had inspected the plant in South Bend for the purpose of burning PCB's and Mr. Brophy said not to his knowledge. Mr. McMahon then stated that the County Health Department found no reason the facility should not be operating. Mr. Hunt of the State Board of Health was contacted by telephone this morning. David A. Wells, Manager of the Bureau of Public Construction, was a party to that conversation and he reported that Mr. Hunt said he had reviewed the plant and the operation, thought that it was a good operation and found it satisfactory. Mr. McMahon said the State Board of Health made several recommendations over the past year and, 279 REGULAR MEETING DECEMBER 10. 1979 to his knowledge, no request that the State or EPA has made relating to operating techniques or equipment has been ignored. Mr. Paul Trost noted that all recommendations of the Health Department with regard to the operation, including the scrubber and the new stacks, have been or are being complied with and they have the assurance of Mr. Brophy that he will continue to cooperate. Dr. John Lyon said the agreement calls for reports on all incoming waste and asked if residents could see those reports. Mr. Trost said they have continuously monitored the operation and those reports are available at the site, but are not on file in the Health Department because space limitations do not permit them to keep this volume of records in their office. Dr. Lyon asked why the City entered into this lease if they are not'in the business of monitoring. Mr. McMahon repeated that the Health Department is the agency charged with monitoring and that Department has made regular inspections. He pointed out that it is the siting issue which should be reviewed. The inspection and monitoring; are functions of the Health Department. The siting is a political and administrative decision. Mr. McMahon said he supports the siting investigation and would ask that they proceed with that issue in a professional manner. Dr. Lyon questioned other conditions of the agreement and asked if there was a laboratory located at the facility for testing. Mr. Trost said the operation and facility have been monitored but some requirements are not instantaneous. A laboratory will be developed on the site for testing. There has been an increase in the stack heights at the request of the Health Department. A new scrubber has been.installed. In October, their permit was extended. The operation has increased since its' initial operation and Mr, Brophy has cooperated with any requirements asked of him. Mr. Trost said the Health Department has inspected and monitored the operation and has received appropriate responses believed to be in the best interests of the public health and welfare. He said the Health Department is aware of the fears of the neighborhood and will work to alleviate them. Mr. McMahon then noted two minor flaws in his report of last week which do not change the substance of the report. One, he listed two individuals who had been contacted at the State Board of Health - a Mr. Kearney and a Mr. Hunt. Mr. Trost has advised him that Mr. Hunt was not here at that particular time. Mr. Hunt has been here on other occasions. Secondly, he stated that all of the samples were transmitted tothe EPA and that was wrong. All samples have been transmitted to the State Board of Health. Mr. Hunt was contacted and he verified that he had taken samples from the tanks. Mr. McMahon said his report was accurate and reflects information that he has received. Dr. Lyon said Mr. Wolf had indicated his source of information was the County Board of Health. Mr. Trost said the only conversation he had with Mr. Wolf was at the meeting held here last week and a copy of regulations that was mailed, but no other contact. Dr. Lyon commented on the size of the operation and noted that some people have expressed surprise that the operation has expanded when the original agreement calls for twenty -four hours of operation. Mr. Brunner advised Dr. Lyon that the Board did anticipate that this would be a twenty -four hour a day operation. When this matter was brought before the Common Council, they were made aware of this fact. This is all a matter of record. This is all a matter of record. Those who have registered a complaint about the location of the site have -not looked into the documented history of the facility. Mr. Brunner said he has served with Mr. McMahon on the Board of Public Works for four years and he resents the implication that he has not acted in a straightforward manner. He said he felt Mr. Wolf misspoke. This is the sort of debate that should be based on the facts and issues as they are presented and the Board is trying to do that. Mr. Brunner said this Board will be r� REGULAR MEETING DECEMBER 10. 1979 serving for two more weeks and he would hope that the residents would appreciate the fact that the Board is acting in good faith. He said the Board feels some need to object when they read in the paper accounts that the President of the Board of Works is fabricating information. This is a serious charge. He said he would advise Mr. McMahon to investigate the charges so that appropriate action might be.taken. Mr. Brunner said if this issue is limited to the facts, the Board can come to a resolution that will be satisfactory to the community and to the neighborhood. Ths is a difficult issue. Some would like to see the facility shut down but that may be very difficult for legal and procedural reasons. He noted that the matter cannot be resolved in a short period of time. Mr. Mullen said the'Board of Works understands the sensitivity of the issue. Mr. Wolf made some inflammatory statements and innuendos and the Board is not going to get into that. He would hope that that aspect would stop. Mr. Mullen said he had worked with Mr. McMahon over the past .four years and he has always demonstrated honesty and integrity. The issue should be argued basedon the facts regarding the operation. Mr. Mullen asked Mr. Trost if the smoke coming out of the operation was clean. Mr. Trost said it is clean. Mr. Mullen asked if the operation poses any threat to the public health and safety of the community and Mr. Trost answered no. Mr. Mullen asked if it could be said that the operation causes no problem for any citizen of the community and Mr. Trost said that was correct. Dr. Lyon asked if that statement could be made for the past year. Mr. Trost said, in the past, there have been difficulties. They were operating without a scrubber, but were only incinerating material at a temperature sufficient to render it harmless. Mr. Mullen asked Mr. Trost if, in his opinion, the facility as it was operated presented a health hazard to the citizens of South Bend, based upon the manifests available and Mr. Trost answered no. Mr. McMahon then noted that a meeting would be held with the Council Public Works Committee, Prenco representatives and residents from the neighborhood. Because of conflicts with schedules, it is not possible to hold the meeting tonight as suggested but it will be held this week. Mr. Serge indicated the meeting would be scheduled when the parties involved were able to attend. PUBLIC HEAPING ON REVENUE SHARING EXPENDITURES FOR 1980 This was the date set for holding a public hearing on the proposed use of Revenue Sharing Funds in the amount of $1;223,202.00 during the calendar year 1980. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. Mr. McMahon noted that this was the public hearing on the proposed use of funds as follows: Century Center (Utilities) $290,000.00 Discovery Hall 110,000.00 Zoo Education Bldg. (Match) 130;000.00 Humane Society 100,000.00 Police Vehicles 256,000.00 Police Computer Services 48,000.00 Model Cities Payback 100,000.00 River Bend Plaza Maintenance 109,852.00 Dog Wardens 24,100.00 Code Enforcement 31,250.00 Asst. to the Board of Safety 24,000.00 1 • REGULAR MEETING DECEMBER 10, 1979 In accordance with the guidelines adopted for such use of revenue sharing funds, information about this public hearing was forwarded to the following senior citizen groups with the request that the notice be posted: Foster Grandparents, Hansel Neighborhood Center, REAL Services, Retired Senior Volunteer Program? and Senior Citizens Group of LaSalle Park. Two citizens present asked if specific programs for senior citizens could be suggested and they were advised that any request for such funding could be made to the City administration for consideration. It was suggested that any requests for funding be made as early as possible. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the public hearing was closed and the minutes will be forwarded to the Controller's Office and the City Clerk. ENCROACHMENT APPROVED - BURGER CHEF Mr. McMahon noted that the Burger Chef has submitted a request for approval of an encroachment on the public right of way at their location in the 200 block West Jefferson. The encroachment involves planters along the building and small trees near the curb line. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried the encroachment was approved, with the stipulation that the planters be located next to the building and that the grating placed around the small trees be of construction comparable to Neenah Foundry grating, and subject also to the filing of a Certificate of Insurance holding the City harmless from liability. ENCROACHMENT APPROVED - FIRST BANK CENTER The request of the First Bank Center for an encroachment below grade in the right of way on Washington Street, St. Joseph Street and Michigan Street at the site of the First Bank Center project and for the relocation of a six -inch gas line in the Washington Street right of way which may interfere with the underground parking structure was reviewed by the Building Department. James Markle, Building Commissioner, reported to the Board that arrangements have been made for relocation of the gas line and that he had no objection to approval of the encroachments, Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the encroachments were approved. HOUSE MOVE TABLED The Board received a request from Mitschelen House Movers to move a house from 721 S. Olive to 1614 Knoblock. A certificate of insurance was attached to the request. Mr. Corthier was present and advised the Board that the house must be moved because of work on the Olive - Sample overpass and is subject to demolition or fine if it remains on the lot. Mr. McMahon noted that the request must be reviewed by the Building Commissioner, notices sent to adjacent property owners and a public hearing before the Board held prior to issuance of a house moving permit. He advised Mr. Corthier that the Board would request the Building Commissioner to make all arrangements so that the matter can be placed on the agenda for next Monday's meeting. Mr. Corthier asked if the house could be moved to a vacant lot across the street. Mr. McMahon said the Board could not act on the request until it had been reviewed by the Building Department and he advised Mr. Cortheir that the County officials would be contacted and asked if an extension of time could be granted until next Monday. 282 REGULAR MEETING DECEMBER 10, 1979 PLAT DEDICATION APPROVED - COMMERCE DRIVE The Plat Dedication for Commerce Drive in the Airport Industrial Park was submitted to the Board. The dedication has been reviewed and approved by the Engineering Department and the Area Plan Commission. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the plat dedication was approved and will be recorded. UTILITY AGREEMENTS APPROVED - COLFAX BRIDGE AND TWYCKENHAM- LINCOLNWAY EAST PROJECTS Mr. McMahon submitted to the Board Utility Agreements with the Indiana and Michigan Electric Company and the Indiana Bell Telephone Company with respect to the Colfax Bridge project and with the Indiana and Michigan Electric Company, Indiana Bell Telephone Company and Northern Indiana Public Service Company with respect to the Twyckenham- Lincolnway East intersection project. The agreements are standard State Highway agreements. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the agreements were approved. TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted to the Board the following recommendations for traffic control: A. Install No Parking This Side, north side of McKinley from Eddy to Sunnyside. The street is approximately 18 feet wide and is adjacent to the Cardinal Nursing Home Parking Lot. B. Designation of Handicapped Parking Space at 643 N. Brookfield at the request of the resident, who holds a South Bend Handicapped Parking Permit. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendations were approved. HANDICAPPED PARKING PERMITS APPROVED The Board received applications from Carol Glassburn, 17097 Ruthie, and Raymond Kujawski, 2520 Bow Court, for Handicapped Parking Permits. Doctor's statements were attached to the applications. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the applications were approved and referred to the Deputy City Controller for issuance of the permits. FILING OF RESOLUTION RELINQUISHMENT OF PORTION .OF ST';. ROAD 123 The Indiana State Highway Commission submitted to the Board • copy of a Resolution adopted on December 5, 1979, relinquishing • portion of State Road 123 (Mayflower Road) for a total distance of approximately 1.60 miles to local jurisdiction. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the resolution and found the sections turned back to the City to be as follows: The full right of way from a point approximately 2210' south of the center line of Sample Street to the south right -of -way line of Sample Street. The east one -half of the right -of -way from the south right -of -way of Sample Street to the north right -of -way of Rogers Street, with the following exceptions: M REGULAR MEETING DECEMBER 10. 1979 No City jurisdiction in a 346' section on the Mayflower Road approaches to and intersection with S.R. 2 (Western Avenue) Mr. Wadzinski further noted that any future traffic controls installed where joint jurisdictions apply will have to be mutually arrived at and agreed to with the county as necessary. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the resolution and report were filed. APPROVAL OF CLAIMS Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 23283 to 24296 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr,. Mullen and carried, the Board approved Claim Docket Numbers 23283 to 24296 and. directed that checks for payment be issued. STREET LIGHT OUTAGE REPORT FILED The Street Light Outage Report for the period November 29 to December 5 was submitted to the Board. The report indicated nine outages. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the report was ordered filed. < I REQUEST TO USE CITY VEHICLE Ta ATTEND CONFERENCE APPROVED James Markle, Building Commissioner, requested permission to use a City vehicle to attend an Administrative Building Council meeting in Indianapolis. Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the request was approved. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the meeting adjounred at 10:40 a.m. ATT T: Patricia DeClercq, Clerk