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HomeMy WebLinkAbout03/12/1979 Board of Public Works MinutesREGULAR MEETING MARCH 12, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 12, 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 March 5, 1979 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. McMahon seconded the motion and it carried. AGENDA ITEM ADDED Mr. McMahon noted receipt of a letter regarding the condition of Woodmont Street after the posting of the meeting agenda and he made a motion that the letter be added to the agenda. Mr. Brunner seconded the motion and it carried. OPENING OF BIDS - TURNOUT COATS FOR THE FIRE DEPARTMENT This was the date set for receiving bids for 242 Turnout Coats for the Fire.Department. 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: Centurion Fire and Safety Equipment Co. Bid was signed by Daniel South Bend, Indiana Warren, non - collusion Bid - BG -1971 7.5 oz. Nomex coats with liner 242 Coats Midwest Fire and Safety Co. South Bend, Indiana Total affidavit was in order and a certified check was enclosed. $109.00 each $26,378.00 Bid was signed by Michael R. Casse, non- collusion affidavit was in order and a 10% bid bond was submitted. Bid Janesville NFPA -3 NOMEY coats $106.94 Snap -in Liners 15.84 239 Coats Total $29,344.42 Hoosier Fire Equipment Co. Bid was signed by Nick D. Swartz, South Bend, Indiana non.- collusion affidavit was :in order and a 10% bid bond was submitted. Bid - Janesville NFPA -3 Turnout Coats, with liner 113.35 242 Coats Total $27,430.70 Halterman General Fire Equipment Bid was signed by Lessel L. Macy, Indiana Halterman, non - collusion affidavit was in order and a 10% bid bond was submitted. ]did - 7.5 oz. Yellow Nomex III Morning Pride Model #2100 with liner 120.58 242 Coats Total $29,180.36 1 11 REGULAR MEETING MARCH 12 1979 411 Hawk Fire Apparatus .Bid was signed by Robert H. Noblesville, Indiana Hawk, non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - Globe #760 -M Fire Coats, with Globe #40 Liner 107.09 each 242 Coats $25,915.78 Fessco Fire & Safety Equipment Bid was signed by T. W. Niles, Michigan Spennner, non- collusion affidavit was in order and a certified check was submitted. Bid - Morning Pride. Model 2100 with Nomex Liner - 242 Coats 121.50 - $29,403.00 Morning Pride Model 2100 Coat with Nylon liner - 242 coats 117.50 - $28,435.00 Morning Pride Model 2100 Coat with Cotton liner - 242 coats 113.50 - $27,467.00 Upon motion made by Pair. McMahon, seconded by Mr. Brunner and carried, the bids were referred to the Fire Department for review and recommendation. PUBLIC HEARING ON DENIAL OF POOL HALL LICENSE - JOHN BRINSON A public hearing on the denial of a pool hall license renewal for John Brinson at 1240 W. Washington was continued until this date. Present was Assistant City Attorney James A. Plasters and Attorney Timothy McLaughlin representing Mr. Brinson. Mr. McLaughlin filed with the Board a Motion to Dismiss and a Request for Special Findings. Deputy City,Attorney Terry A. Crone advised the Board that before any action was taken, it was his recommendation that Mr. Brunner disqualify himself from participation in the hearing on this matter because of Mr. Master's position on the City Attorney's staff and that Mr. Mullen should disqualify himself from hearing this matter because he is the person who originally denied the renewal of this license and that the Board appoint Patrick McMahon to hear and decide the matter on behalf of the entire Board. Mr. Mullen moved to accept the recommendations of Mr. Crone. Mr. Brunner seconded the motion and it carried. Mr. McLaughlin then said the Motion to Dismiss should be granted. The letter issued from the Controller's Office which informed Mr. Brinson for the first time that his license was not being renewed indicated that the action was based on the Municipal Code, Section 1- 18 -(a) -5 which provides that the City may refuse to issue a license for conducting the activity in any unlawful manner. The Code Section does not indicate who, it is, on behalf of the City, who will exercise this power. It would be our position that this particular ordinance fails to specify who would exercise this very unusual power. No one, on behalf.of the City has the right to exercise it. No City official, in any capacity, has the authority to suspend Mr. Brinson's license or any other license issued by the City of South Bend, including permits such as building permits. Since the Code has failed to repose this license refusal . power in the hands of a particular City official or body, no -City. official or body has the right to exercise the license refusal power. Since the Code does not address the question of who should exercise this power, Mr. McLaughlin said he believed that the Board of Public Works does not have the power, or any one else have the 412 REGULAR MEETING MARCH 12, 1979 power set out in Section 1 -18 of the Code for the purpose of denying Mr. Brinson's license. Mr. McLaughlin then pointed out that Section 1 -18 -b requires that the Clerk of the City of South Bend issue the letter of notification setting out the reasons for the denial'of renewal of the license. In this case, the Controller and not the Clerk sent the letter. This is a procedural defect requiring dismissal of this cause. Mr. McLaughlin said he felt strongly that the Board of Public Works did not have jurisdiction in this matter. He pointed out that if a ruling of the Board. were appealed to the court, the court would not have the power to order the City of South Bend to renew the license but could say only that Mr. Brinson was correct and the Board did not have jurisdiction to deny. The court could not direct someone to issue the license. He noted procedural irregularities should this matter be appealed and asked that the Motion to Dismiss be granted. Mr. Masters identified himself as Assistant City Attorney for the City of South Bend. Mr. Masters said he was before the Board. as Attorney to the South Bend Police Department and that Department made a recommendation against the renewal of Mr. Brinson's pool hall license. Mr. Masters responded to Mr. McLaughlin's Motion to Dismiss and noted that the Municipal Code, Section 1 -18 provides that the Mayor or such other authorized official, board or agency may refuse to issue a license or permit or permits issued may be revoked or suspended. In this case, the official is the City Controller. Under Section 4 -28, the power is in the hands of the Controller to review the applications for pool hall licenses and their renewal. The Controller refers the applications to the Police Department and asks for a report from them. Upon receipt of the report from the Chief of Police, the Controller shall, within seven days, either grant or reject the application. If the controller rejects the license application or renewal, he brings it before the Board of Public Works. With regard to Mr. McLa.ughlin's statements regarding the notice, Mr. Masters said Section 1 -18 does provide for notification to the applicant of the hearing, but whether the notice was issued by the Clerk of the Board of Public Works or the City Controller makes no difference, since notice was issued and Mr. McLaughlin is present on behalf of Mr. Brinson, so there is no question that notification was received. Mr. McLaughlin then reviewed his'interpretation of Section 1 -18 which refers to the refusal to issue a license or permit, and. said if such license or permit is not to be issued the matter comes to the Board of Public Works. Pursuant to the pool hall license provisions of the Code, Mr. McLaughlin said if the Board of Public Works, after the hearing is concluded, denies the license, the matter goes to the Mayor for a hearing and the hearing is not before this Board. Mr. McLaughlin said he would submit that the Board does not have jurisdiction, under Section 1 -18, to conduct a hearing or to do anything with respect to Mr. Brinson's pool hall license. It is a defect of the Code that the power to refuse to issue a license is not placed in the hands of appropriate City officials. Mr. Brinson's license renewal should be handled pursant to the proper City Code. The matter should not be dealt with under some other section of the Code. Mr. Masters said he wanted to clarify a point regarding Section 4 -28 which deals with the investigation and report pursuant to issuance of a pool hall license. The City controller reviewed the application, following receipt of the report from the Police Department, he denied the license and sent notice to the applicant and the Board of the hearing to determine whether the license should be refused. REGULAR MEETING MARCH 12, 1979 413 Deputy City Attorney Terry A Crone asked Mr. McLaughlin if he was satisfied with the specificity of the notice and Mr. McLaughlin said that he was. Mr. Crone then discussed the Board's jurisdiction in the matter in light of the Municipal Code sections applicable and said it was his opinion that the Board does, have jurisdiction in this matter and can proceed with the hearing. Mr. Brunner stated that it was the belief of the Board that they had the right to appoint a hearing office in this case and would appoint Mr. McMahon. Mr,. Crone said the Board has the statutory right to appoint someone to act in their behalf. Mr. McMahon ruled to deny the Motion to Dismiss and proceed with, the hearing. Mr. McLaughlin's Request for Special Findings was filed. Mr. Masters said the City would attempt to establish that according to the Municipal Code, Section 1- 18- A -(5), the licensee, John Brinson, has been conducting the activity in an unlawful manner or in such a manner as to constitute a menace to the heaith:, safety morals or general welfare of the public. He said there is evidence to show that there is a consistent pattern of unlawful activity on the licensed premises. This evidence will support the conclusion by the Board that Mr. Brinson should not condone the unlawful activities Mr. Masters then+submitted the following exhibits, without objection by Mr. McLaughlin: Ex. 1. Police Reports dated May 27, 1978, Case 74937, with reference to six arrests made on the premises for gambling. Ex. 2. Police Report dated November 1, 1978, Case 85031, an impromptu check of the premises made by uniformed officers of the Police Department. The officers entered the premises, proceeded into the back room and observed Mr. Brinson among the persons who were in the back room of the establishment. Ex. 3. Police Report dated September dealt with an impromptu check made by Operations Section. Officers went on room and observed Mr. Brinson sitting gambling purposes Ex. 5. Police Report of November 8, a gun on the premises. 12, Case 81954. This report officers of the Special the premises, into the back at a table which was used for 1978, Case 85932. Assault with Mr. Masters submitted Exhibit Number 4, a report of controlled substances confiscated on the premises. Mr. McLaughlin objected to the exhibit and it was withdrawn. Mr. Masters then said he would call two witnesses, Captain Vinson Smith and Corporal Kenneth Horvath. Both officers were sworn by the Clerk of the Board. Captain Smith identified himself as a police officer assigned to the Special Operations Section for five years. Mr. Masters asked Captain Smith if, in the course of his police duties, he had occasion to go to the premises at 1240 W. Washington, known as Little Johnnie's Cigar.Store. Captain Smith said he had. Mr. Masters asked Captain Smith to tell the Board what he had seen on those visits. Captain Smith said he personally visited the establishment fifty times in the past year and a half. During this time he said he had seen dice and other kinds of illegal activities. Mr. McLaughlin objected to Captain Smith's reference to illegal activities and said he should refrain from making such statements. Captain Smith then reviewed the following dates and arrests: ME REGULAR MEETING MARCH 12, 1979 12/2/77 - officers entered the establishment. 3 arrests made for gambling and found guilty. 12/12/77 - 7 persons arrested for gambling, 6 convicted, 1 dismissal. On the same date, a gun was confiscated. 12/23/77 - gun confiscated. 4/7/78 - two arrested and drugs confiscated, 5/27/78 - 6 persons arrested for gambling, 5 convictions, l dismissal 9/12/8 - officers observed gambling going on in the back room. 11/1/78 - gambling devices confiscated by Police Department. 11/8/78 - subject assaulted with gun inside establishment. Captain Vinson said another time one person was shot and killed in an attempted robbery and another person was critically wounded inside the establishment. Mr. Masters asked Captain Smith if this testimony was information which came to his attention as Commanding Officer of the Vice Squad and Captain Smith answered yes. Mr, Masters asked Captain Smith if he held-this-'position in 1977 and 1978 and':Captain Smith answered yes. Mr. Masters asked Captain Smity if other vice officers were aware of this activity. Mr. McLaughlin objected to the question and it was withdrawn. Mr. Masters asked Captain Smith what kind of activities he had seen on the premises. Captain Smith said he had seen gambling, devices, tables, dice and cards. Mr. Masters asked Captain Smith if he had observed Mr. Brinson engaged in these activities and Captain Smith said no. Mr. Masters asked Captain Smith how many times he was on the premises and observed these activities. Captain Smith said fifty to seventy -five times in the past year and one half. Mr. McLaughlin asked Captain Smith how much of the testimony related to what he saw personally as opposed to what he gleaned from reports made by someone else. Captain Smith replied four or five incidents. Mr. Masters called Corporal Kenneth Horvath and asked him to state his position on.the South Bend Police Department.. Corporal Horvath said he was a Corporal on the Vice Squad and had been for two years. Mr. Masters asked Corporal Horvath if, in the course of his employ -. ment,'he personally visited the premises at 1240 W. Washington, known as Little Johnnie's Cigar Store. Corporal Horvath answered yes. Mr. Masters asked Corporal Horvath to state for the record activities he had observed on the premises. Corporal Horvath said he saw subjects gambling and guns confiscated. On one occasion, Corporal Horvath said he peered through a back door and saw a gambling game in progress and took pictures. Several arrests were made. Mr. Masters asked Corporal Horvath how many times he had been on the subject premises. Corporal Horvath said over one hundred times over,a two -year period. Mr. Masters then submitted photographs marked as Exhibits, 6, 7, 9 and 10 and asked Corporal Horvath to comment. Corporal Horvath said the photographs were taken at the pool hall. He noted that he observed from 10 to 20 people around a dice table made out of a pool table. They were shooting dice and there was some type of card table off to one side where subjects were playing cards and cambling.. United States currency was observed. Mr. Masters displayed a photograph taken 1/1/78 and asked Corporal Horvath if he was present at that time. Corporal REGULAR MEETING MARCH 12., 1919 1 5 Horvath said that he was. Mr. Masters asked what he observed at that time. Corporal-Horvath said they observed several people using gambling devices, tables, dice and money. Mr. Masters stated there was a back room at the premises and asked if that is where the alleged activity took place and Corporal Horvath said it was. Mr. Masters asked if there was any kind of warning when officers appeared. Corporal said when you go in the front door, there is a counter. The person who sits behind that counter can look out the window and watch people enter the building. When someone enters the front door, there is a buzzer under the counter and he presses the buzzer. If you go around to the back door, there are thirty or forty people back there milling around. Mr. Masters displayed Exhibit 6 to Corporal Horvath and asked Corporal Horvath if this was a table he had seen at the premises. Corporal Horvath said it was and.that it was a rather large table, about four by six feet long, with the pockets covered up and filled in and a large rim for people to lean on. The table has a string across it. Mr. Masters asked what was on the table and Corporal Horvath said rakes that were used and a string to trip up the dice so they, will roll. Mr. Masters displayed Exhibit 9 to Corporal Horvath and asked him to comment. Corporal Horvath said that was the table where they play cards. It is covered with felt and has words and numbers drawn on it. They have several chairs around it for people to play cards. MMr. Masters displayed Exhibits 7 and 10 and Corporal Horvath these were pictures of a gambling and dice table and one picture showed paper on the table,'known as policy paper, another type of gambling activity that goes on at the establishment. Mr. Masters asked Corporal Horvath if it was his conclusion,.as a South Bend Police Officer, that unlawful activities such as gambling are permitted on the premises. Mr. McLaughlin objected to the question. Mr. Masters said the witness is an expert in the matter and should be allowed to answer. Mr. Crone said that legal rules do not apply and that Mr. McMahon can hear anything that is in any way relevant. Mr. Masters asked Corporal Horvath if, having been on the premises and involved in the investigations, the licensee should.have had knowledge of these activities. Mr. McLaughlin said he thought the question was improper and called for Corporal Horvath's conclusion. Mr. Masters withdrew the question but noted that Mr. Brinson has been observed on the premises and in the back room. Mr. McLaughlin said he had no questions of Corporal Horvath. Mr. Crone asked Corporal Horvath if he had any evidence that Mr. Brinson was aware of the activities going on. Corporal Horvath said Mr. Brinson had been see back there during the activities. Mr. Crone asked Corporal Horvath if he personally observed anything that would indicate Mr. Brinson was aware of it. Mr. McLaughlin objected. Mr. Crone asked Corporal Horvath if he had personally observed Mr. Brinson in the back room and Corporal Horvath said no. Mr. Crone asked Corporal Horvath if he had observed Mr. Brinson on the.premises in the presence of gambling devices and Corporal Horvath said yes. Mr. McLaughlin asked Corporal Horvath if the premises does have a back room and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if it was in the back room area that the activities go on and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if.there was a pool table in the front room7and Corporal Horvath answered yes. Mr. McLaughlin asked Corporal Horvath if he ever saw anybody gambling in the front room and Corporal Horvath answered no. Mr. Masters asked Corporal Horvath if he had ever seen anybody play pool in the front room. Corporal Horvath said in the last two years with over one hundred times on the premises, he only saw someone playing pool two or three times. Mr..Masters asked Corporal Horvath to describe the condition of the pool table. Corporal Horvath said it is pretty broken down and dirty. You can see dirt on the surface. It is hard to play pool on a dirty surface. 416 REGULAR MEETING MARCH 12, 1979 Mr. Masters asked Corporal Horvath if it was his belief that that table is not played on and Corporal Horvath said yes. Mr. McMahon asked if the table in the.back room is a pool table. Corporal Horvath said it is a pool table reworked as a dice table. Mr. McLaughlin asked Corporal Horvath if the pool table in the back room is a dice table now and Corporal Horvath said yes. Mr. McLaughlin then stated that the City Ordinance to be used. in this matter is 1- 18 -a.- The letter issued from the Controller's Office indicated that Mr. Brinson is in violation of that City Ordinance, in that he has conducted that activity in an unlawful manner. Mr. Mullen's letter stated that the conduct of this pool hall in such a manner so as to permit gambling on the premises contrary to the laws of this state and federal laws falls within the Municipal Code. Thac is a pretty broad statement and cannot be backed up. There are no federal laws violated here. The only federal law involving gambling provides that a person involved in some kind of conspiracy to conduct a gambling operation with five or more persons involved is violating the law. Mr. Brinson is guilty of no violation of federal laws. No claim can be made to show, on the basis of the evidence submitted., that any federal or state laws are being violated. Mr. Brinson has never been charged at any time during the entire investigation with any violation of the gambling laws of the State of Indiana. Others may have violated the law but that is not an issue in this matter. We are dealing with the matter of Mr. Brinson and whether he is conducting activities in an unlawful manner. There is a specific statute in the State of Indiana covering promotion of professional gambling. Violation of this law constitutes a Class D felony. Mr. Brinson has never been charged by the Police Department or the St. Joseph County Police or the State Police at any time with that charge, which has been on the books and available to them. None of those arrested resulting in a conviction was found guilty of Professional Gambling. The police reports and arrest records show no one arrested for professional gambling,, since that was not an appropriate charge. An unlawful gambling charge is a misdemeanor. Unlawful gambling was the charge made against Charles Rucker as noted on the docket sheet. Mr. McLaughlin said the Board must consider factual evidence. There is nothing in the record to substantiate Mr. Master's impression, through the notification given, that John Brinson is operating that pool hall in an unlawful manner. He is not. He has not violated the laws of the State of Indiana and cannot be charged with a "federal law violation. The case is not there. We are dealing with a set of charges and we have attempted to answer those charges. We are not coming in here to say that John Brinson is a bad boy. We have an ordinance which sets out several things. Perhaps it is an old ordinance and has not been used. There is no evidence to support any proposition that the pool table in the pool hall is used for gambling. The only thing relevant to the pool hall license renewal is the playing of pool in the front room. On the basis of the evidence and the charges, there is no case for the denial of the renewal of the license. There are no violations of any laws by Mr. Brinson. Mr. McLaughlin said he would ask for the renewal of the pool hall license. Mr. Masters said the denial of the renewal of Mr. Brinson's license was based upon observation of officers of the South Bend Police Department that there was unlawful gambling going on under the laws of Indiana.. He said when you can establish that gambling and unlawful activities are being conducted in a licensed premise that supports the inference that the activity is condoned by the license holder and requires that action be taken to stop it. On those grounds, renewal of the license can be denied. He said evidence had been presented of a consistent policy of unlawful activities which have REGULAR MEETING MARCH 12, 1979 gone unchecked by the licensee, . indicating he condones the acts. We would like the Board to deny the renewal of the pool hall license. Mr. McLaughlin then reviewed the police reports put into evidence. He noted that the report of 11/8/78 indicated Mr. Brinson was not present, the report of 12/12/78 indicated Mr. Brinson was present but no arrest made, 1/1/78, Mr. Brinson was present but no arrests made by the Police Department. There is no evidence that Mr. Brinson was present when the Police Department made arrests on the premises. Mr. McMahon asked if Mr, Brinson was not responsible for activities within the establishment even if he was not present. Mr. McLaughlin said we are dealing with the specifics. of the licensing ordinance, not overall. Mr. Mullen says that Mr. Brinson was conducting the pool hall in such a manner as to permit gambling on the premises, contrary to state and federal laws. Mr. Brinson was not conducting activities contrary to the laws, either federal or state. Mr. Brinson was not conducting those premises so as to violate any laws. Mr. Masters said the evidence was supported to indicate Mr. Brinson has been present in the back room of the pool hall. Evidence has established that the back room of the pool hall contained gambling devices for gambling purposes. That evidence supports Mr. Brinson's knowledge of the presence of those devices in his premises. The evidence shows that he had knowledge of the activities and allowed them to go on in his premises. Mr. McMahon asked Captain Smith if the Police officers normally confiscate gambling equipment. Captain Smith said not necessarily. Mr. McMahon asked why not and Captain Smith said they try to confiscate dice cards and small items but tables are not confiscated. There is some differen(cecof opinion of the Prosecutor's Office about the confiscating of evidence such as a dice table. Mr. McMahon said, as the Hearing Officer, he would continue this matter until March 26 at which time he would submit a ruling. Mr. Masters and Mr. McLaughlin were advised they could submit any written information to Mr, McMahon for his review. PUBLIC HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION NO. PROCEEDINGS CLOSED This being the date set, h.ear�in:g was held on the Assessment Roll with respect to Vacation Resolution No. 3468 for the vacation of the first east --west alley south of Colfax Avenue, east from Birdsell Street to the first north -south alley, a distance of 115.5 feet. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri- County News which were found to be sufficient. There was no one present to speak on the Assessment Roll and no written remonstrances were filed with the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Assessment Poll listing $0.00 net benefits and $0.00 net damages was approved and said resolution is in all things ratified and confirmed and said proceedings closed. LETTER RE: OLD FIRE STATION EIGHT Chief Oscar Van Wiele submitted a letter to the Board advising that the Fire Department has a need for additional storage area and would like to use old Fire Station Eight at 135 S. Olive for that purpose. The building is now vacant. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board filed the letter and determined that the station would not be rented or sold while the Fire Department has need for it. 6, REGULAR MEETING MARCH 12. 1979 BID ADVERTISING APPROVED - POLICE DEPARTMENT JEEPS Chief Michael Borkowski submitted to the Board specifications for special duty vehicles for the Police Department and requested that the Board advertise for bids. Unit prices are to be requested with:.the intent being to purchase one to three vehicles depending upon the bid prices received. :Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved the request and directed the Clerk to advertise, with sealed bids to be received on Monday, March 26. REASSIGNMENT OF POLICE VEHICLES APPROVED Chief Michael Borkowski submitted to the Board notification of changes in.Police Vehicle numbers to adjust the numbering system to new vehicles acquired and provide continuity in the numbers. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the Police Vehicle number changes. SALE OF VEHICLES APPROVED Chief Michael Borkowski submitted to the Board a report on the review of bids received for the sale of thirty -eight vehicles. He noted that the St. Joseph County Civil Defense Police submitted bids on two cars to be used as Civil Defense Police Vehicles and were informed they would be granted some preference as an inter- governmental agency. It was recommended that they be awarded the two vehicles they bid on although they were not the high bidder and that all other vehicles be awarded to the highest bidder. Mr. McMahon said that he was involved in the discussions with Civil Defense and, since they are an intergovernmental unit, he agreed that the award should be made to them. Mr. Brunner asked if the vehicles would be titled to the Civil Defense Police as a governmental unit and not to individuals and Chief Terry indicated that the vehicles would be titled to Civil Defense. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board awarded the sale of vehicles as follows: St. Joseph County Civil Defense - Veh. #644 $300.00 Veh #712 200.00 $500.00 Rubin's Auto Parts, Inc Veh. #406 Veh. #411 Veh. #437 Veh. #108 John S. Kovach Veh. #655 Eugene Hundt Veh. - #642 Veh. #650 Veh. #417 Abe Kowalski Auto Parts Veh. #732 Veh. ;735 78.78 128.28 178.78 58.58 $444.42 1375.00 87.00 307.00 107.00 $501.00 75.00 50.00 $125.00 1 41, REGULAR MEETING MARCH 12, 1979 Minder Auto Sales Veh. E628 352.50 Veh. #641 396.00 Veh. #645 501.00 Veh. #646 652.50 Veh. #647 652.50 Veh. #648 501.00 Veh. #652 551.00 Veh. #654 725.50 Veh. #657 551.00 Veh. #658 601.00 Veh. #661 401.00 Veh. #664 476.00 Veh. #665 676.00 Veh. #666 501.00 Veh. #667 659.00 Veh. #669 701.00 Veh. #702 476.00 Veh. #713 401.00 Veh. #736 152.50 Veh. #119 251.00 Veh. #114 51.00 Veh. #106 152.50 Veh. #555 201.00 Veh. #706 751.00 $11,334.00 Glenn L. Terry Veh. #631 410.00 Thomas L. Gargis Veh. #632 135.00 BID AWARDED - PRINTING OF PHOTOGRAPHS, DISCOVERY HALL MUSEUM Richard Welch, Director of Discovery Hall Museum, reported to the Board that the bids received for printing of photographs from negatives from Discovery Hall Museum had been reviewed and he recommended acceptance of the low bid of Magic Lantern Photo Studio of Mishawaka at $1.50 per print, for a total bid of $3,057.00. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved and the bid awarded. RESOLUTION NO. 8 ADOPTED - DISPOSAL OF PHOTOGRAPHS, DISCOVERY HALL The Board was advised by Richard Welch, Director of Discovery Hall Museum, that the Museum has a number of duplicate photographs not needed and that there is not sufficient storage space to retain the duplicates. He requested -permission to dispose of them through sale at the 11useum's Gift Counter. Upon motion made by Mr. McIlahon, seconded by Mr. Brunner and carried, the Board donated the duplicate photographs to Discovery Hall Associates and adopted the following resolution authorizing disposal: RESOLUTION NO. 8, 1979 WHEREAS, it has been determined by the Board of Public Works and the Executive Director of Discovery Hall Museum of the City of South Bend that certain photographs owned by the City of South Bend are duplicates and not needed; and WHEREAS, Discovery Hall Museum does not have sufficient storage space to retain such duplicate material' and WHEREAS, the duplicates are of no value to the City of South Bend; and /. REGULAR MEETING 14ARCH 12, 1979 WHEREAS, Chapter 186, Acts of 1967, of the Indiana General Assembly permits the sale of personal property no longer needed or obsolete; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that duplicate photographs in the Discovery Hall Museum are not needed by the City of.South Bend. BE IT, FURTHER, RESOLVED.that the Executive Director of Discovery Hall Museum be authorized to dispose of the duplicate photographs through sale at the Museum's Gift Counter. ADOPTED THIS 12TH DAY OF MARCH, 1979. BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk Approved this 16th day of March, 1979. s/ Peter.J. Nemeth Mayor ATTEST: s/ Irene Gammon, Clerk APPLICATION APPROVED - MEMBERSHIP IN LIBRARY SERVICES AUTHORITY FOR DISCOVERY HALL MUSEUM _ Richard Welch, Director of Discovery Hall Museum, requested per- mission to apply for membership for Discovery Hall Museum in the Area 2 Library Services Authority. This would provide Discovery Hall with better access to resources in other libraries, including access to the Interlibrary loan service of the Federal Archives Branch in Chicago and increased use of the research material in the museum library. There is no membership fee and the Musem may drop out of the program at any.time. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. WHITE CANE SALE APPROVED The Board received a request from the Blind and Sighted Workers to cnduct the Annual White Cane Sale on the public sidewalks from Sunday, April 22 through Sunday, May>6. The organization has received a permit from the Charitable Solicitations CoMission-:---Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the :request was approved. REOUESTS TO PURCHASE CITY -OWNED PROPERTY FILED The Board received a request from Rev. Matt Sinkiewicz, Paster of St. Hedwig's Parish, for information regarding the purchase of a city -owned lot at 732 W. Wayne Street and from Stephen J. Eddy for information regarding the purchase of a city - owned lot at 1054 LaSalle Court. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the requests were filed and referred to the Mayor's Office, Engineering Department, Park Department and Community Development Department for review and a determination as to whether the lots should be retained for any purpose. VFW POPPY SALE APPROVED The VFW Post 1167 submitted a request to hold the Annual Poppy Sale on May 18 and 19 onthe public sidewalks. The organization has applied for a permit from the Charitable Solicitations Commission. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the sale was approved. REGULAR MEETING REQUEST FOR OPEN AIR STAND TABLED MARCH 12, 1979 �Pj� LaVerne Przygocki submitted an application for an Open Air Stand License at the corner of Olive and Sample Street in South Bend for the sale of flowers and fireworks. Mrs.' Przygocki had signed an agreement with the Board last year that her premises at 1715 Portage Avenue would not be used for the distribution of flowers or fireworks as that constituted a zoning violation. The Board was advised that the Building Department had received complaints that the premises were used for the distribution of flowers last month and has been checking the property for violations. It was noted that the complaint came from a Neighborhood Association. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board tabled action on the application until Mrs. Przygocki provides the Board with documentation of the lease or purchase of a commercial establishment for the distribution of flowers and fireworks indicating that she will abide by the agreement she signed last year. CHET WAGGONER LITTLE LEAGUE PARADE APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that he had reviewed the request of the Chet Waggoner Little League to hold a parade on May 19. The route has been approved and because of congestion in the Memorial Hospital area, Main Street will not be used and the parade will proceed on Navarre Street. He noted that the Fire.Department should be notifed because the major ambulance entrance for the hospital is on Navarre Street. Mr, Wadzinski recommended approval of the parade and noted that the Police Department Traffic Division concurs in the approval. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the parade was approved, subject to filing of the necessary Certificate of Insurance. UEST FOR IMPROVEMENT OF SHEDIDAN STREET FILED The Board received a letter from Councilman Walter Kopczynski requesting that improvements be made to South Sheridan Street, south of Sample. He noted that repairs are needed because of drainage problems in the area and suggested the possibility of improvements under Barrett Law. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the letter was filed and the Clerk was directed to notify Councilman Kopczynski that the Board will be happy to proceed on this matter upon receipt of a petition signed and submitted by the property owners on the street involved, since Barrett Law requirements provide that action be initiated by affected property owners. BID AWARDED FOR STREET MATERIALS Patrick M. McMahon, Director of Public Works, submitted to the Board a tabulation -of.bids received for Street Materials and recommended that the following awards be made: Item 1 - HAC Surface #11 Limestone - Walsh & Kelly, Inc. $13.45 /Ton Item 2 - HAC Surface #11 B.F. Slag - Walsh & Kelly, Inc. $14.00 /Ton Item 3 - HAC Surface Spec. Steel S1 Walsh & Kelly, Inc. $13.80 /Ton Item 4 - HAC Surface Type D Sand Walsh &Kelly, Inc. $13.00 /Ton Item 5 - HAC Surface Spec. Slag Sand Walsh & Kelly, Inc. $17.00 /Ton Item 6 - Hac Binder #8 or #9 Walsh & Kelly, Inc. $10.80 /Ton Item 7 - Hac Binder #11 Walsh & Kelly, Inc. $12.30 /Ton Item 8 - Bituminous Material, Tack Walsh & Kelly, Inc.$140.00 /Ton Item 9 - Bituminous Material Road Oil Westville Oil Co. 0.28 /gal. Item 10 Bituminous Patching MaterialWalsh & Kelly, Inc. $16.20 /Ton Item 14 Coarse Aggregate #73, Slag Levy Company 5.00 /Ton Item 14 Coarse Aggregate #73, Gravel St. Joe Materials 2.00 /Ton W REGULAR MEETING MARCH 12, 1979 $14.65 /Ton Item 15 Fine Aggregate #14 -1 or #14 -2 Medusa Aggregates 1/60 /Ton Recommendations on Slurry Materials, #11, Emulsified Asphalt, #12, Mineral Aggregate and #13, Coarse Aggregate No. 9 Stone shall be submitted at a later date.. Item 16 Coarse Aggregate Crusher Run Levy Company 4.10 /Ton Item 17 Ready Mix, Class A Limestone Kuert Concrete 38.60/CY Item 18 Ready Mix, Class A Slag Kuert Concrete 38.10 /CY Item 19 Ready Mix, Class B Kuert Concrete 25.60/CY Item 20 Portland Cement Rose Fuel 3.80 /Bag., Consistent with the Board's policy in past years, it is also requested that an award be made to the second low bidder for Bituminous Material items, thus providing the Street Department with an alternative material source, should the low bidder be unable to furnish materials as required. Should this situation develop frequently or without justification, the Board will be requested to authorize back - charges against the low bidder. The second low bid is by Rieth -Riley as follows: Item 1 HAC Surface #11 Limestone $14.65 /Ton Item 2 HAC Surface #11 B.F. Slag 15.20 /Ton Item 3 HAC Surface Special Steel Slag 14.95 /Ton Item 4 HAC Surface Type D Sand - 15.25 /.Ton Item 5 HAC Surface Special Slag Sand - 17.45 /Ton Item 6 HAC Binder #8 or #9 12.10 /Ton Item 7 HAC Binder #11 13.25 /Ton Item 8 Bituminous Material, Tack 150.00 /Ton Item 1OBituminous Patching Material 17.70 /Ton Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. ADOPTION OF RESOLUTION NO. 6, 1979 Upon motion made by Mr, McMahon, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION NO. 6, 1979 WHEREAS, a trunk sewer was installed on Cleveland Road to the intersection of Portage Avenue and WHEREAS, a need has now arisen to provide sanitary sewer service adjacent to Cleveland Road, from Portage Avenue to the intersection of the U. S. 31 By- Pass and Brick Road; and WHEREAS, the Board of Public Works has authority under the Acts of the General Assembly =of 1905,_Chapter 129 as amended, to layout, design, order and contract for and execute the construction. alteration and maintenance of.ali'public drains or sewers within such city and.all drains and sewers without such city and within four (4) miles thereof which may be necessary to carry off the drainage of such city and to erect, maintain and operate works for the collection, treatment and disposal of sewage; now THEREFORE, BE IT RESOLVED: 1. That the Board of Public Works finds it necessary for the. public health, safety and welfare that this trunk sewer on Cleveland Road be extended to a point located approximately at the U. S. 31 By -Pass and Brick Road, and that said Board ��Q, REGULAR 14EETING MARCH 12, 1979 hereby orders that the necessary plans be prepared, that necessary easements and rights -of -way be acquired by gift, purchase or condemnation, that appropriations be sought, that bids be taken for construction., that contracts be entered into, and that said construction shall take place. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk Dated this 12th day of March, 1979. ADOPTION OF RESOLUTION NO. 7, 1979 - MONROE STREET IIIPROVEMENTS Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION NO. 7, 1979 WHEREAS, the Board of Public Works has found it necessary in the best interest of the public safety and welfare to construct certain street improvements at Monroe Street, from Main Street to Lafayette Boulevard; and WHEREAS, the Board of Public Works has the authority to make such improvements as provided by Acts of the General Assembly; THEREFORE, BE IT RESOLVED: 1. That the Board of Public Works orders the Department of Public Works to prepare plans, specifications, cost estimates, secure the necessary right -of -way and easements, by the doing of all acts necessary and desirable to the acquisition by gift, purchase or condemnation. 2. Secure permits, appropriations, and construct certain street improvements at Monroe Street from Main Street to Lafayette Boulevard. BOARD OF PUBLIC WORKS 6ITY OF SOUTH BEND, INDIANA s/ Patrick M. McMahon s/_ �homas'J. Brunner, Jr. s� 1 eter -`H.. Mullen ATTEST: s/ Patricia DeClercq,Clerk Dated this 12th day of March, 1979. SUBGRANT MODIFICATION APPROVED - CHAMBER OF COM11ERCE Elroy Kelzenberg, Director of the Bureau of Manpower and Training, submitted to the Board a modification to the Subgrant Agreement with the South Bend /Mishawaka Area Chamber of Commerce. The agreement reflects the addition of $60,600 in Hire II funds for OJT reimbursement and to reflect a change in the subgrant number to 79- 401 -52. Mr. Kelzenberg noted this is a new program directed toward the hiring of veterans and the numbering change is an internal office procedure.. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the subgrant modification was approved. 424 REGULAR MEETING MARCH 12, 1979 APPROVAL OF CLAIMS Michael L. Vance, Chief Deputy City Controller, submitted to the Board Claim Docket Numbers 4361 to 4796 and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board approved Claim Docket Numbers 4361 to 4796 and directed that checks for payment be issued. CERTIFICATE OF INSURANCE FILED A Certificate of Insurance on behalf of Erecto, Inc. was submitted to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Certificate was ordered filed., STREET LIGHT OUTAGE REPORT FILED The Street Light Outage report for the period February 24 through March 5 was submitted to the Board. The report indicated thirty -one outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed. FILING OF REQUEST FOR IMPROVEMENTS ON WOODMONT STREET The Board received a letter from Mrs. Thomas Julow, signed by seven other property owners, requesting that the City consider repairs to Woodmont, between Ridgedale and Altgeld. The letter noted that this is a snow route and bus route and the street has many pot holes and sunken places and poor drainage. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the letter was filed and referred to the Engineering Department and Street Department for review and recommendation. There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the meeting adjourned at 11:10 a.m. ■ X25 no 1 in iL �2�� HE 1 432 I 0 X35 436 1 M 439 P: �- 1 444 r �. 1 0 � I II '� II Fl L �4( mm I I 44, 0 450 1