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HomeMy WebLinkAbout08/11/1980 Board of Public Works MinutesREGULAR MEETING AUGUST 11, 1980 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, August 11, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. AGENDA ITEM ADDED Upon a motion made by Mr. Kernan,, seconded by Mr. McMahon and carried, a request to advertise for a Revenue Sharing Intended Use Hearing was added to the agenda following the bid award for 1980 Storm Damage, Curb and Walk Repair. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the minutes of the regular meeting of August 4, 1980, were approved as submitted. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the minutes of the emergency meeting of August 5, 1980, were approved as submitted. APPROVAL OF MASSAGE ESTABLISHMENT LICENSE (EVELYN ERIKA MAYS) Mr. Hill stated'that, in accordance with the ordinance regulating massage establishments, a public hearing was required on the applica- tion of Evelyn Erika Mays for a massage license at 519 East Jefferson Boulevard. He stated that the Building Department, Police Department, Bureau of Traffic and Lighting, Fire Inspection Bureau and the Legal Department have reviewed the application and reports have been filed with the Board concerning the usage. He introduced Ms. Mays who was in attendance. She explained that the massage establish- ment would be a part of the total service she was offering to women, which included help in make -up and wardrobe, cosmetic sales, and the Swedish massage. Mr. Hill stated that the Legal Department had reviewed the application and it had been under study for some time. He explained that the intended use was not in the strict sense of the ordinance which regulated massage establishments; however, the license was required for this particular type of establishment. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the application of Evelyn Erika Mays for a massage establishment license was approved, and referred to the Deputy Controller's Office for issuance, ASSESSMENT ROLL HEARING - VACATION RESOLUTION NO. 3490, 1980 (ALLEYS NORTH OF PRAIRIE AT GRANT) This being the date set, hearing was held on the Assessment Roll with respect to Vacation Resolution No. 3490, 1980, for the vacation of an east /west 12' alley North of Lots 50, 51 and 52 in Highland Park First Addition, North of Prairie Avenue at Grant Street; and the east /west 12' alley North of Lots 149, 150 and 151 in Whiteman's First Addition, North of Prairie Avenue at Grant 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 Assessment Roll lists $0.00 net benefits and $0.00 net damages to the abutting properties. No remonstrators were present and no written remonstrances were filed with the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Assess- ment Roll was approved and said resolution is. in all things ratified and confirmed and said proceedings closed. AWARD BID - 1980 STORM DAMAGE. CURB AND WALK REPAIR Mr. Neil Shanahan, Manager of the Bureau of Public Construction, recommended that the bid of Rieth -Riley Construction Company in the amount of $29,221.55 for the 1980 Storm Damage, Curb and Walk Repair Program, be approved by the Board. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the bid was awarded to Rieth -Riley Construction Company subject to the filing of the required Performance Bond, Labor and Materials Payment Bond and Certificate of Insurance. r.; REGULAR MEETING APPROVE REOUEST TO ADVERTISE FOR REVENUE Mr. Kernan requested that the Board set a h of certain Revenue Sharing funds which woul of gasoline and for the remaining portion o contract. He stated that the amount of the be furnished prior to the date of the heari set for Monday, August 25, 1980. Upon a mo seconded by Mr. Kernan and carried, permiss the public hearing was approved. FILING OF MAINTENANCE BOND AND APPROVAL OF AFFIDAVIT (MURDOCK & SONS - CURB IMPROVEME Mr. McMahon stated that Murdock & Sons had Maintenance Bond for the curb improvements corner of Olive and Washington Streets, and Affidavit pertaining to same. Mr. McMahon cost of the project was in the amount of $1 made by Mr. McMahon, seconded by Mr. Hill a Bond was filed and the Project Completion A AUGUST 11, 1980 ING INTENDED USE HEARING aring date for the use be used for purchase the Humane Society funds requested would g which he asked be ion made by Mr. McMahon, on to advertise for ROJECT COMPLETION ubmitted a three -year t the southeast the Project Completion tated that the final ,311.25. Upon a motion d carried, the Maintenance fidavit was approved. FILING OF MAINTENANCE BOND AND APPROVAL OF PROJECT COMPLETION AFFIDAVIT (SOUTH BEND TOOL. AND DIE - HIGH COURT INDUSTRIAL PARK) Mr. McMahon noted that South Bend Tool and Die had submitted a three -year Maintenance Bond for the construction of storm sewer, curbs, pavement and all associated appurtenInces in the High Court Industrial Park, and the Project Completi7Affidavit pertaining to same. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Maintenance Bond was filed and the Project Completion Affidavit was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION (RITSCHARD BROTHERS - FIRST BANK CENTER PROJECT) Mr. McMahon noted that Ritschard Brothers w approval a Certificate of Substantial Compl Lien for the excavation work performed by i Center Project. Upon a motion made by Mr. Mr. Hill and carried, the documents were fi Office was authorized to release any and al funds for the above project. ADOPTION OF RESOLUTION NO. 16, 1980 (I s submitting for tion and a Waiver of for the First Bank cMahon, seconded by ed and the Controller's retainage and escrow IMPROVEMENTS RESOLUTION NO. 16, 1980 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 the following intersections: Angela and North Shore Angela and Riverside WHEREAS, the Board of Public Works has t make such improvements as provi the General Assembly, therefore BE IT RESOLVED: 1. That the Board of Works ord( of Public Works to prepare I tions, cost estimates, secui right -of -way and easements, of all acts necessary and dE acquisition by gift, purcha., authority to by Acts of rs the Department tans, specifica- e the necessary by the doing sirable to the e or condemnation. 1 REGULAR MEETING AUGUST 11, 1980 2. Secure permits, appropriations, and to construct certain street improvements at the intersections listed above. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Dated this 11th day of August, 1980 Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above resolution was adopted. APPROVAL OF 1981 AGREEMENT AND SUPPLEMENTS (TEAMSTERS LOCAL NO. 364) The Agreement between the city and the Teamsters Union, and the supplements for the following bureaus were submitted for Board approval: Bureaus of Vehicle Maintenance, Cemeteries, Sanitation, Streets, Traffic and Lighting, Building and Maintenance, Waste Water, Solid Waste and Water Works. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Agreement and corresponding supplements were approved. APPROVE COUNTER -OFFER FOR SALE OF PROPERTY (2505, 2601 & 2609 LAWTON) Mr. McMahon stated that Mr. Thomas Kinnucan had previously expressed an interest in purchasing the above lots on Lawton Street from the city; those lots being described as Lots 74, 94 and 96 in West End Subdivision for $200, $250 and $250 respectively. In addition, Mr. Kinnucan was offering an exchange of a portion of Lot 82 to the city. Mr. McMahon informed the Board that the city was desirous. of acquiring that real estate in order to improve the Meade Street - Bendix Drive intersection, in conjunction with the.Orange- Colfax Connector. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the counter -offer was referred to the Controller's Office for review and recommendation. FILING OF PETITION TO VACATE A PORTION OF BENDIX DRIVE AND FIRST ALLEY SOUTH OF LINDEN A petition, initiated by the Bendix Corporation and the Chicago, South Shore and South Bend Railroad, was submitted for the vacation of a portion of Bendix Drive and the first alley south of Linden Avenue. Mr. McMahon explained that, at one time, the property had been public right -of -way; however, the railroad crossing had been abandoned many years ago, and the area had never been vacated. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the petition was referred to the Area Plan Commission, Community Development Department and the Engineering Department for review and recommendation. REQUESTS FOR BLOCK PARTIES A request for block parties on St. Joseph Street from Ewing Avenue to Fox Street on Saturday, August 23, 1980, from 6:00 p.m. to 10:00 p.m., and in the 300 -400 block of Parkovash.on Saturday, August 23, 1980, from 2:00 p.m. to 10:00 p.m. were submitted to the Board by the Reor - anized Church of Jesus Christ of Latter Day Saints and James Dehner respectively. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the requests were referred to the Bureau of Traffic and Lighting and the Traffic Division of the Police Department for review and recommendation. i J. REGULAR MEETING ST TO.CLOSE COLLEGE STREET FOR VOTER A request from the Combined Democratic and to close College Street between Orange and between the hours of 1:OO p.m. and 8:00 p.m voter registration was submitted by Melvin Building. Upon a motion made by Mr. McMaho• and carried, the request was referred to th and Lighting and the Traffic Division of th for review and recommendation. REQUEST FOR INSTALLATION OF REFUSE BOX (W WEST SIDE DEMOCRATIC CLUB) A request from Stanley E. Thomas, President Democratic and Civic Club, for the installa on Warren Street (eastern portion of the We Building) was received by the Board. Upon McMahon, seconded by Mr. Hill and carried, to contact the organization to determine ex refuse box was being requested and whether was for a permanent or temporary box. APPROVAL OF CHURCH SERVICES (500 BLOCK OF A request from Reverend Willie Moore of the Deliverance, 644 LaPorte Avenue, was submit permission to conduct church services on a the north side of the street in the 500 blo Street, August 14 -16, 1980, from 7:30 p.m. on weather conditions. It was noted that t properties located at 501, 507, 526 and 527 Upon a motion made by Mr. McMahon, seconded carried, approval was given subject to conc of Traffic and Lighting and the Traffic Div Department. If it was determined that Reve utilize one of the city lots for the servic Insurance would need to be filed with the B was for a privately -owned lot on East Penns Moore would be required to submit permissio use of the lot. It was further noted that way must be kept open and clear at all time REQUEST TO PURCHASE CITY -OWNED PROPERTIES A request to purchase the property located was received from Mr. and Mrs. Andrew Carte also submitted a request to purchase city -o at the northwest corner of Western and Chap service center. Upon a motion made by Mr. Mr. Kernan and carried, the requests were r city agencies for a determination as,to whe should be retained by the city for any reas APPROVAL OF PARKING CHANGES IN 100 BLOCK OF AUGUST 11, 1980 GISTRATION RALLY ivic Club for permission inden on August 23, 1980, to conduct a rally for eed, 301 Lafayette seconded by Mr. Hill Bureau of Traffic Police Department STREET - of the West Side ion of a refuse box t Side Democratic Club motion made by Mr. he Clerk was instructed ctly what type of r not the request .ST PENNSYLVANIA Full Gospel Church of ed to the Board for acant lot located on k of East Pennsylvania * 9:30 p.m., depending * city currently owned East Pennsylvania. by Mr. Kernan and rrence by the Bureau sion of the Police end Moore wishes to s, a Certificate of ard. If the request lvania, Reverend from the owner for he public right -of- t 1614 Scott Street , Jr. Locker Realty ned property located n for use as an auto cMahon, seconded by ferred to the various her or not the properties n. ST MONROE Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Light- ing, requested approval for a 90 -day experimental installation of the following traffic control changes: 1. On the east one -half block of the nc 100 West Monroe, eliminate the No P. through 9 PM and 3 PM through 6 PM and change the time limit to 30 Mini 6 AM through 6 PM, Monday through S< rth side of rking, 7 AM restriction to Parking, turday. 1 1 1 REGULAR MEETING AUGUST 11. 1980 2. On the west one -half of the south side of 100 West Monroe, eliminate the No Parking, 7 AM through 9 AM, and 3 PM through 6 PM restriction, and replace the time limit with a One -Hour Parking, from 6 AM through 6 PM, Monday through Saturday. 3. On the east approach on 100 East Monroe to Michigan Street, designate the curb lane as "Right Turn Only ". Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the above traffic control changes were approved on a 90 -day experi- mental basis. APPROVAL OF MULTI -WAY STOPS (WELFARE DEPARTMENT) Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted a request for approval of the installation of multi -way stop signs at the intersections of Garst and Franklin, Franklin and Broadway, and Broadway and Lafayette. Mr. Wadzinski noted that the Welfare Department had initiated a procedural change regarding client flow and a number of probelms which were caused by the initial move have been eliminated. The request for the multi -way stops would be done on a 90 -day experimental basis, at which time a report would be forthcoming to the Board as to whether the multi - way stops should remain permanent or if the two -way stops would again be used. Mr. Wadzinski informed the Board that the recom- mendation to make Franklin Street one -way would be held in abeyance during this 90 -day experimental period. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the multi -way stops were approved. PUBLIC HEARING — SCRAP DEALERS' COMPLIANCE WITH FENCING REQUIREMENTS Mr. James Masters, Deputy City Attorney, informed the Board that an ordinance enacted by the Common Council in 1979, required the erection of solid or opaque fencing around all portions of scrap and junk yards which abut city streets, highways or alleys. The ordinance passed by the Council provided an effective date for compliance of July 1, 1980. In accordance with that effective date, Mr. Masters advised the Board that the Legal Department had sent letters to all scrap dealers presently holding licenses informing them of the fencing requirements. He stated that an inspection had been conducted on July 14, 1980, by the South Bend Fire Department, and it was determined that the following dealers have complied with the requirements of the ordinance: Hurwich Iron Company, 1610 Circle Avenue South Bend Waste Paper Company, 1519 South Franklin. South Bend Iron and Metal, 429 West Indiana Avenue Super Auto.Salvage., 3300 South Main Indiana Iron and Metal, 1602 South Lafayette Max Schneider Company, 429 West Indiana Avenue South Bend Auto Parts, 1819 South Main Street South Bend Baling and Iron, 1420 South Walnut Kowalski Brothers, 2014 South Lafayette Mr. Masters explained that the Bush Salvage Yard at 1147 Prairie Avenue was no longer in operation as Mr. Bush was moving from that location. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the scrap dealer's license for Leonard Bush at 1147 Prairie Avenue was revoked. Mr. Sam Schulman, Attorney at Law, 502 First Bank Building, stated that he was representing Western Avenue Iron and Metal Company. He stated that his client was at the present time erecting the required fencing which would be completed within a two to three -day period. A Fire Inspector submitted a photograph to the Board of the scrap yard and confirmed that the fence was being installed and, as of 3:30 p.m., on Friday, August 8, 1980, approximately 800 feet of fence had been erected. Mr. McMahon stated that the Board had REGULAR MEETING hoped all the scrap dealers would have inst� to the July lst deadline since a year had b( ance, but he stated that the Board was plea: being done. Mr. Masters again stated that to all scrap dealers, on June 12, 1980, adv: lst deadline. In addition, the scrap dealer in the public hearing when the Council pass( were aware of the deadline in July, 1980. 1 number of businesses have complied and he f( excuse for non - compliance in view of the tii stated that a two -week notice had been mail( compliance by the Clerk of the Board advisii public hearing and informing them that thei7 suspended for failure to comply by July lst stated that his client had been in the proce: fence which had always surrounded the propel felt was adequate but was not allowed under not feel his client had violated any ordinal always enclosed the property. Mr. Hill star required an opaque or solid fencing and the consist of that type of material. Mr. Schu: four scrap yards located within the immediai that there was not a dwelling or building w= of the yards, and he did not feel the yards the neighbors in the area. Mr. Masters aga: ordinance requiring the opaque fencing had � ago, and all the dealers had been given amp: felt it was not fair to those dealers who h, ordinance to see that some dealers had not ( the Board either suspend the licenses of the complied effective next Monday, August 18, : not completed at that time; or continue the time. Upon a motion made by Mr. Hill, secoi carried, the hearing on Western Avenue Iron continued to August 18, 1980, to allow for installation and supplemental information fi Mr. Jack-C. Dunfee, Jr., Attorney at Law, pi Floor of the First Bank Building, stated thz Bremen Iron and Metal Company, 3113 South G( explained that his client had had a fence for many years, and a contract to install n( awarded on June 26, 1980. Because of a delz construction had been delayed somewhat, but the fencing would be completed by the end of that, in his professional opinion, he did n( applied to his client; however, Bremen Iron challenging the ordinance and was willing t( required fencing. He felt the ordinance di( it applied, and he stated that it did not al yards. Regarding the Leonard Bush location; Board had been informed there would be somel of the Board's next meetings. Regarding th( he felt they had not expended much effort of fencing erected. He concluded that he felt be solved by requiring fencing around the y� stated that the ordinance had gone into eff( informed Mr. Dunfee that it applied to all Inspector advised the Board that Bremen Iron process of installing the fence, and he subs firming this. Upon a motion made by Mr. Hill McMahon and carried, the hearing on Bremen was continued to August 18, 1980, to allow J fence installation and supplemental informal Inspector. AUGUST 11, 1980 fled the fencing prior en allowed for compli- ed that the work was letter had gone out sing them of the July s had been involved d the ordinance and .e stated that a It there was no ie allowed. He also d to those not in ,g them of this licenses may be Mr. Schulman s of replacing the ty, which fence he the ordinance. He did .ce since fencing had ed that the ordinance existing fence did not man stated that there were e vicinity. He stressed thin 1,000 feet of any were a nuisance to n stated that the one into effect a year e time to comply. He d complied with the omplied. He asked that se dealers who had not 980, if the work was hearing until that .ded by Mr. McMahon and and Metal Company was ompletion of the fence om the Fire Inspector. acticing on the Sixth t he was representing rtrude Street. He round the property w fencing had been y in material shipments, it was expected the this week. He stated t feel the ordinance and Metal was not go ahead with the not specify to whom ply to existing scrap he explained that the hing forthcoming at one se people who have complied, money to have the the problems would not rds. Mr. Masters again ct a year ago, and he xisting yards. The Fire and Metal was in the .itted a photograph con - 1, seconded by Mr. ron and Metal Company or completion of the ion from the Fire 1 11 1 AN M,. `x_. REGULAR 14EETING AUGUST 11. 1980 Ms. Barbara Weidnoff, 2574 Wozniak Road, Michigan City, Indiana, stated that she was running a brokerage business at the lot located at 307 West Calvert. She apologized for not having the fencing installed as required by the ordinance, and stated that she was not aware of this since she had not been receiving the letters which were being sent out by the city. She indicated that the entire yard was encircled with the new fence at this time, except for the front gate and that had not been done for security reasons. Mr. Masters stated that Mr. Albert Mickelson presently held the license for the ,property at 307 West Calvert. He asked Ms. Weidnoff if she was the owner of the yard. She replied that she owned the property and also operated it. Mr. Masters advised her that the scrap dealers' licenses were not transferrable, and she would have to apply for a new license to operate her business. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the license for the operation of the facility at 307 West Calvert was suspended with an effective date of August 25, 1980, and the hearing continued to August 18, 1980, to allow for completion of the fence installation and supplemental information from the Fire Inspector. Mr. Masters read a letter to the Board from Steve & Gene's Auto Truck Salvage, 3109 South Gertrude Street, asking for an exemption from the fencing requirements. In a letter dated June 20, 1980, they stated that the fence would create extreme hardship on their operation since they were a used car dealer and the main line of business was the buying, selling and repairing of cars, trucks and equipment. Also, they stated that, if a solid or opaque fence was erected around the property, police patrol cars could no longer view the red tagged cars which Steve & Gene's tow for the city. The Fire Inspector stated that, on August 8, 1980, he talked with Gene Hanz who informed him that he had ordered the materials needed to cover the fence. Mr. Hill stated that he felt an exemption should not be granted solely because red tagged cars were towed and stored on the lot for the city. Mr. Masters stated that the real question was whether or not any of the scrap could be viewed from the street, and the letter from Steve and Gene's indicated that scraping was a sideline and no scrap piles could be viewed from any public street. Upon a motion made by Mr. Hill, seconded by Mr. McMahon and carried, the hearing was continued to August 18, 1980, and the license subject to suspension at that time. It was noted that Mr. Carl Leibowitz, Attorney for Albert Mickelson, had requested a continuance of the public hearing for his junk yards to August 18, 1980, at 9:30 a.m., since both he and his client were scheduled to be out of town on August 11, 1980. Mr. George Divjak, member of the Rum Village Neighborhood Associa- tion, stated that he felt some of the scrap dealers were simply playing games with the Board and the residents in an effort to get out of installing the required fencing. He stated that he was pleased that many of the dealers had complied and he appreciated their cooperation. He indicated that many of the scrap dealers were located in the Rum Village neighborhood, and the residents wanted to be good neighbors for the betterment of the neighborhood just as they wanted the scrap dealers to be good neighbors in their concern for the area. TWYCKENHAM SPEED LIMIT. EWING TO RIDGEDALE The Bureau of Traffic and Lighting advised that, in conjunction and in addition to the request for additional signage controls at the intersection of Twyckenham and Woodside, a study was conducted to re- affirm the posted and established speed limit of 30 miles per hour on Twyckenham Drive. The speed check results conformed with the Manual of Uniform Traffic Devices. The report stated that additional speed limit signs have been installed on Twyckenham for both north and southbound traffic in the area from Ewing to Ridgedale. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the report was filed. REGULAR MEETING APPROVE REDUCTION IN SPEED LIMIT OF SOUTH ST. JOSEPH STREET AUGUST 11. 1980 - 3100- 3200 -3300 BLOCKS Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, submitted his recommendation concerning the request of residents in the 3100, 3200 and 3300 blocks of South St. Joseph Street who had previously petitioned for a reduction in the speed limit. Mr. Wadzinski recommended approval of the following: 1. The speed limit of St. Joseph Street from the vicinity of Dean Street to the vicinity of Farneman Street be reduced from 30 miles per. hour to 25 miles per hour when children present. 2. The Monroe School principal be advised to inform students of the proper school pedestrian routes established for the school at the beginning of the school year. The appropriate crosswalks in the vicinity of the petition area will be painted prior to the school year. 3. School crossing signs will be erected at the appropriate crosswalks prior to the school year in the petition area. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the above recommendations were approved for installation. APPROVAL OF BLOCK PARTY (1800 NORTH COLLEG A request from William H. Frame to close the 1800 block of North College Street on Sunday, August 24, 1980, from noon until midnight for a block party was recommended favorably by the Bureau of Traffic and Lighting. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the request was approved. APPROVAL OF CONTRACTOR'S BOND - GERALD G. PIERCE Mr. Ray S. Andrysiak reviewed the Contractor's Bond of Gerald G. Pierce, 618 South Jackson, South Bend, and recommended approval retroactive to August 8, 1980. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the Contractor's Bond was approved. APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Controller's Office for issuance: Clayton A. Hale Doctor signed application 416 Imus Drive Mishawaka, Indiana Dawn Rojics Doctor's c/o Mr. & Mrs. Louis Rojics 11796 Adams Road Granger, Indiana APPROVAL OF CLAIMS certificate attached Chief Deputy Controller Michael L. Vance submitted for approval Claim Docket No. 14677 through 15376. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the report was filed and the claims approved. 1 1 REGULAR MEETING AUGUST 11, 1980 PUBLIC HEARING CONTINUED (TAXI LICENSE DENIAL - CHARLES E. HOWELL. JR.) Mr. McMahon explained that the Controller had previously recommended denial of the taxi cab license of Charles E. Howell, Jr., and a public hearing had been held on August 4, 1980, in accordance with Mr. Howell's request. At that time, the Board had requested the computer update on Mr. Howell's license check and the police arrest record, and the hearing was continued to this date to allow time to obtain the information needed. Mr. McMahon stated that Mr. Howell had been present at that meeting and was aware of the continuance and, in addition, the Clerk had sent Mr. Howell a letter confirming that the hearing had been continued. Mr. Howell was not in attendance, nor was he represented by an attorney. Upon a motion made by Mr., McMahon, seconded by Mr. Hill and carried, the public hearing was held in spite of Mr. Howell's absence. Mr. Crone submitted the arrest report and the computer check on Mr. Howell's license. He stated that Mr. Howell had previously informed the Board that he had only been convicted of armed robbery and two speeding convictions consisting of an improper passing charge in 1978 and a speeding charge in 1979. Mr. Crone advised that the police report indicated a conviction of cruelty to animals; conviction for larceny; and a conviction for conspiracy to commit a felony. Among the current charges pending were resisting arrest; driving with suspended license and reckless driving. Mr. Crone stated that Mr. Howell had advised the Board that his driving license had been suspended in 1979 because he failed to appear in court and that he had received only two prior tickets. The license report indicated that Mr. Howell's license was originally suspended in 1973. He stated that the report did not show the tickets Mr. Howell had indicated he had received, but listed the following charges: In November, 1979, he was ticketed for speeding at 93 miles per hour in a 55 zone; on February 18, 1980, he was ticketed for speeding at 51 miles per hour in a 30 zone; on March 18, 1980, he was ticketed for improper passing; on March 26 1980, he was ticketed for speeding at 81 miles per hour in a 55 zone; and again on July 16, 1980, he was ticketed for speeding at 73 miles per hour in a 55 zone. Mr. Crone stated that it appeared Mr. Howell's license was currently in effect and that he was on probation. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation of the Controller to deny the license was approved. Mr. Kernan abstained from voting. There being no further business to come before the Board, upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the meeting was adjourned at 10:30 a.m. C /w- Yatrick M. McMahon Richard L. Hill o oseph E. Kernan ATTEST: Barbara J. Byers, erk