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HomeMy WebLinkAboutRM 05-07-76SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING May 7, 1976 10:00 A. M. 1200 County -City Building Presidi g Officer: Mr. F. Jay Nimtz, 227 W. 'Jefferson Boulevard President South Bend, Indiana 46601 1. ROLL CALL Commissioners Mr. Present: Mr. Mr. Mr. Mr. F. Jay Nimtz, President Donald A. Wiggins, Vice President A. Peter Donaldson, Secretary Robert J. Cira, Assistant Secretary Lloyd E. Robinson, Sr., Member Legal Counsel: Mr. Kevin J. Butler Mr. George T. Patton News Media: Ms. Jeanne Derbeck, South Bend Tribune Reporter Mr. Louis Tutino, WNDU -TV Reporter Mr. James L. Marchelewicz, WNDU -TV Photographer Mr. Larry Ford, WSJV -TV Reporter Mr. Bill Cressler, WSJV -TV Photographer ers Present: The Honorable Peter J. Nemeth, Mayor, City of South Bend Mr. Gene Evans, Executive Secretary, Civic Planning Assn. Mr. Bill E. Slabaugh, Dept. of Public Works Mr. Lloyd S. Taylor, Managing Agent, St. Joseph River Bend Development Corporation mmunit veIopment aff: A Staff: Mr. Keith P. Crighton Mr. John Davis Mr. Richard E. Pfeifer Mr. C. Wayne Brownell Ms. Helen S. King 2. APPROVAL OF MINUTES Mr. James L. Johnson, Jr. Mr. Kenneth J. Schaller Mr. Edwin R. Bauer On motion by Mr. Wiggins, seconded by Mr. Cira and carried, the MINUTES Minutes of the Special Meeting of April 23, 1976, held in lieu APPROVED of the Regular Meeting of April 16, 1976, were approved as mailed and/or distributed. 3. APPROVAL OF CLAIMS 0 motion by Mr. Wiggins, seconded by Mr. Cira and carried, the CLAIMS claims were approved, as submitted, and were allowed and ordered APPROVED t be paid -- totalling $56,353.51. The authorized claims are: - 1 - 3. APPROVAL OF CLAIMS (Cont'd PROJECT EXPENDITURES ACCOUNT, INDIANA R -57 Abstract County of St. Joseph County $ 104.00 Abstract County of St. Joseph County 52.00 South Bend Exterminating Co. 30.00 Total 186.00 PROJECT EXPENDITURES ACCOUNT, INDIANA R -66 ell Tree Service $ 1,224.00 Gatc Indiana & Michigan Electric Co. 88.31 Nautilus Construction Co. 19,443.90 Sout Bend Exterminating Co. 30.00 The outh Bend Tribune 7.09 Total 20,793.30 REDEIELOPMENT REVOLVING FUND Payroll: April 3 to April 17, 1976 The 3ond Buyer Kevii J. Butler Comm nity Development Program Musz nski Insurance Agency Postmaster BUREAU OF HOUSING E -7 Bara y Sheet Metal & Heating Co. Ted ombs Decorating & Construction Co. Ted ombs Decorating & Construction Co. Ted ombs Decorating & Construction Co. Ted ombs Decorating & Construction Co. 4. COMMUNICATIONS a. $ 5,893.98 20.18 200.00 288.84 1,140.00 8.77 Total 7,551.77 Total GRAND TOTAL etter from the Honorable Peter J. Nemeth, Mayor, City of outh Bend, to Mr. F. Jay Nimtz, President, Redevelopment ommission, dated May 7, 1976: Mr. C. Wayne Brownell, Executive irector, Department of Redevelopment, advised Resolution No. 22 on the Agenda, under "New Business, 6a," relates to this etter and also the next letter under "Communications, 4b." Mr. rownell read the Mayor's letter in its entirety. Excerpts: "I would tike to ne�spect6utty &eque6t the Redevelopment Comm &lion ojj the City ojj South Bend to apptcove the amendments to the Redevetopment Plan contained in Re- zotution No. 522 that is bejjo&e this body today. Both o6 the amendment contained in the &etsotution ate in - 2 - $ 5,365.00 4,080.85 4,676.96 6,490.75 7,208.88 $ 27,822.44 $ 56,353.51 AMENDMENTS REQUESTED TO REDEVELOPMENT PLAN, R -66 9 11 ICATIONS (Cont' the best .intettest�s eJ the citizens o6 South Bend and, mere ,speci6.icaUy, in the .intenests of downtown deve.Copment. "The 4iut amendment ttequest/s an ,inettease in the number o6 &ez identt.ae dwe. Ung units allowed in the Btoeh 6 GAea itwm 200 units to 350 units. This change us nece/ssatcy to 4aciP.i.- tate the eenstttucti.on o{, the etdeAty high -cruse apaAtment block which ttequvtez 211 units to penm.it the .inctuwsion o6 handicapped units )tequvted by 4edettat ttegueat-i,ons. The addi- tiona2 units may be negwitted because the devetopett o4 Bloch 6 has been apptteached by pa&ti.es .intettelsted in eonstttu.cting tuxutty dwe t i.ng units in the area. "The second amendment is neeersatty becauze the comptetion o6 Centuhy Centett wit2 genettate a need Gott. addit i,ona2 trcansient houlsing acs c2ose to the new Center as pozz ible. Bloch 6 is ideaUy ptaced to p.twv,ide a Land attea on which can be con - ,stttucted addit ionat tttans.ient housing." !tter from Mr. Lloyd S. Taylor, Managing Agent, St. Joseph River ?nd Development Corporation, to the Department of Redevelopment, ;tention of Mr. Wayne Brownell, Director, dated May 6, 1976: Mr. °ownell also read this letter in its entirety, and is quoted for ie record: "Please be advised that the St. Joseph R.iva Bend Development Cohpottatr.en is in accohd with the &ecemmended amendments to the Land Use plans, eontttoZ6, and &attictions 4on Atea "F" o4 the Centttat 'Downtown Pttojeet R -66 als set 4otrth in Mayon Nemeth',s tetten o4 May 7, 1976, to the Department o4 Re- dev elo pment. "The ,Lecommendations bat,,ieally eon.6,ust o4 ttemov:ing the tte�sttr i,c- tti.on o6 200 tte/stdential units and e.6tabl i6hing a te�stAiction o4 350, and the ttemovat o4 the ttesttrietien on motott hoteb." Tie Chair advised in his discussions it is his understanding that w en the number of units in the elderly high -rise was being worked o , that apparently consideration was not made for the HUD require - m nt of 10% for the handicapped, which would require the number of units to be 211. Apparently there is a feeling that we do have to request a change, and we might as well have a cushion for the a ditional units if they so desire. As stated in the request, a parently there is going to be an additional need for housing d wntown; e.g., transient housing and hotel housing. With the La- S lle Hotel closing, the picture is a lot different, and the St. Joseph River Bend Development Corporation has no objection to the changes. This matter will have to be set for a public hearing with the Redevelopment Commission, and have approval by MACOG, Area Plan Commission, City Council and HUD. Mr. Kevin J. Butler, Commission Legal Counsel, suggested a motion be made to have the above letters received; when we get to Resolu- tion No. 522, we would then adopt the Resolution and accept a public hearing. - 3 - ST. JOSEPH RIVER BEND DEVELOPMENT CORPORATION AGREEABLE TO RECOMMENDED AMENDMENTS FOR AREA "E", R -66 4. COMMUNICATIONS (Cont'd Mo ion was made by Mr. un nimously carried to pl ced on file. 5. OLD BUSINESS Wiggins, seconded by Mr. Donaldson and receive the above letters and to be a. Ta e -down on Parcel C, Disposition Parcel No. 6 -1 R -66: Legal Co nsel, Mr. Kevin J. Butler, advised today is the take -down on Parcel C, which is the branch bank area. The Quit -Claim De ?d is being prepared on this.and the St. Joseph River Bend Development Corporation representatives are meeting at Noon to ay to take the necessary action. An executed deed will be de ivered to the St. Joseph River Bend Development Corporation. b. Newbill Construction Company: Commissioner Robinson presented a 3roblem to the Board that was brought to his attention by su contractors recently working for the Newbill Construction Co pany, as to whether or not this would be within the realm of jurisdiction of the Redevelopment Commission to correct. He stated that a couple of months ago Newbill Construction Com- pany had bid on some of our single family rehabilitation con- tracts, and that as far as he was concerned, the contractor was granted special consideration on his performance bond and could move from completion of one house to another. The bonding co pany had restricted his bonding to one contract only. Since th it time, some of the subcontractors who have worked for Newbill Co struction Company have approached him for any assistance the Co mission can grant to them to receive their money. The checks th y have been receiving from Newbill Construction Company have be n "bouncing all over town and they are kind of disturbed over th t." Commissioner Robinson asked whether this may be within the realm of Commission authority to say that Newbill either straighten this out financially with the subcontractors or we cancel the rest of Ne bill's contracts with us and let the next lowest bidder havethe contracts, or what can be done? Mr. Keith P. Crighton, Director, Bureau of Housing, advised that he is aware of the situation discussed by Commissioner Robinson, and that those contracts relate to the Model Cities Code Enforce- ment Program and steps have been taken to assure the subcontractors will not take any loss as far as being paid on these. Depending on what the outcome is with the general contractor, we can deter- mine whether or not the present contracts will remain in force. The contractor has not started the contracts in the Southeast Code En orcement. Mr. Crighton advised the dollar amount is considerable as far as the subcontractors' complaint, and that three of the sub- contractors have contacted him personally. Those claims are docu- me ted, and the Mayor and City Controller are aware of the situation, an that preventative steps have been taken. Co mission Legal Counsel, Mr. Butler, asked if the Notice to Proceed ha been given to Newbill Construction Company on the Southeast con- - 4 - PARCEL C TAKE -DOWN, 5 -7 -76, DISPOSITION PARCEL 6 -1, R -66 NEWBILL CONSTRUCTION COMPANY 5. OLD BUSINESS (Cont'd racts- -the answer by Mr. Crighton was that they would not be ntil this matter is resolved. Mr. Butler advised that he believed t is within the Commission's province to, at this point, withhold ny Notices to Proceed to Newbill Construction Company, until this s cleared through the Commission. he Chair requested this motion and it was duly made by Mr. Robinson, econded by Mr. Cira and carried, as stated by Legal Counsel. s. Jeanne Derbeck, South Bend Tribune Reporter, asked several ques- ions on this discussion relating to sufficient funds remaining in he contract to pay the subtractors if the contractor would not fulfill is obligations, or would we be taking a risk that we may have to dip nto city money to make good on the payments? Mr. Crighton advised that we do have outstanding money on that contractor- -that is, money hat we owe the general contractor, and unless some arrangement is inade that the contractor pay his subcontractors, we do not release these funds. In case of nonpayment, we would return the check to he city controller and pay the subcontractors directly. Commissioner Wiggins added that this is standard procedure, and is very productive or getting people paid; the general contractor does not get paid ntil the subcontractors get their money. r. Gene Evans, Executive Secretary, Civic Planning Association, raised further questions on: Commissioner Robinson indicated that the contractor was permitted to transfer the performance bond from one ehabilitation job to another; may we assume that staff is satisfied with the contractor's performance before the performance bond is trans - erred; and are those performance bonds that Commissioner Robinson was referring to? Mr. Crighton advised this contractor has not started n any of our projects yet; the ones being discussed are for the E -6 roject, but those are non- bondable contracts. The contracts Com- missioner Robinson is referring to -- recently awarded to Newbill Con - truction- there were three, #11, 12 and 18, in Southeast Community Development Project, and he had singular performance requirements for ach house. In other words, he would have to complete one house before e could be moved to another one, and if the performance would not be p to par, the contractor would have to forfeit the remaining contracts. Mr. Butler suggested to the Chairman that in`the interests, certainly of homeowners involved, Community Development, Commission, City, and verybody, that not too long a hold be put on this, and that it might be a good idea to have a report back to the Commission at the next meeting, so that if there are problems with the quality of Newbill's work in the E -6 Project or with respect to the payments, the Commission can make a decision either that he is not a contractor who could get he job done and then take the next steps to get other contractors on he job, or make the decision to release the Notice to Proceed to the contractor on the Southeast contracts. Mr. Crighton agreed that he can have this report by the next Commission meeting. A unanimous vote was received and all Commissioners were in favor of a report to be de by Mr. Crighton at the May 21 Commission Meeting. The Chair re- quested the report be submitted for the next Agenda, and thanked Com- missioner Robinson for bringing this to the Commission's attention. - 5 - 6. NEW IBUSINESS a. Resolution No. 522: This Resolution before the Commission is RESOLUTION re- declaring the Central Downtown Renewal Area to be blighted NO. 522 and re- approving an Urban Renewal Plan and conditions under ADOPTED, R -66 which relocation payments will be made for Project Number Indiana R -66 and for the making of certain minor changes to he Urban Renewal Plan. 'he Chair welcomed the Honorable Peter J. Nemeth', Mayor, City f South Bend, who had arrived in the meeting just prior to his item on the Agenda and the adoption of the Resolution. he Chair had temporarily suspended the items being discussed t the time for the Mayor's appearance. -he Mayor explained the reason for requesting the amendments s that the Urban Redevelopment Plan, which covers Block 6, has :ertain restrictions which make it impossible to'have the high - •ise of 211 units. The developers have indicated that their �igures come out with 211 unit facility whereas they are limited :o 200 units, as is the case under the present restrictions. It sight very well be that they would not be able to proceed with t, and, basically, for that reason the Mayor stated they are sking for what "we feel is a minor modification of the plan. 'he other minor modification is removal of that part of the plan ,hich.prohibits any transient facilities, which includes hotels r motels on the property. It does not necessarily mean that ny hotel or motel is going there, but it gives us the oppor- unity in the event there is some interest, that it could happen. think that is important because of the fact that Century Center S, as you can see, well on its way to being built right across he street. So basically for those two reasons, I would respect - ully request your favorable consideration for this Resolution." he Mayor stated he would be happy to answer any questions. Com- missioner Wiggins asked, "I assume that the developer- -that is he one who is building the elderly high- rise - -has some sort of approval or indications of support from FHA or financial backers on this thing ?" The Mayor advised that is correct and his under- standing is that they have. They did get Federal approval for the 211, and then all of a sudden, somebody down in the bureaucracy dis- covered that we had this 200 -unit limitation, but then they had to withdraw their approval of that particular plan, so it has created s me problems, and, as he understands it, their financing has to b completed sometime in June. We are really in a bind. In timing wa are very fortunate that the Commission is meeting today -- assuming tie Commission adopts this Resolution -- because then it goes to COG, the Area Plan Commission, and then to the Common Council- - h pefully by May 24, which allows us to get this done. They have a proval from FHA and everything is all set to go, except for the f ct that our own local plan limits the number of units to 200, w ereas they want to put in 211. For further answers on this ques- tion, the Mayor referred it to Mr. Lloyd S. Taylor, Managing Agent, S . Joseph River Bend Development Corporation. 6. NEW BUSINESS (Cont'd r. Taylor confirmed the financing has to be completed by late June, s that is their start of the fiscal year. Mr. Taylor further dded the developer actually bid on 191 units, according to the re- uirements of the land. When they submitted it to HUD, HUD had ap- roved it at the 191 units, but then when they came for the review, UD said we didn't put in the units for the handicapped and that e have to have 10% of the units for the handicapped, so they added 0 units for the handicapped, which brought it to the 211 figure, o it is really a HUD requirement that increased it from the 191 o the 211 unit figure. Of course, when you are building a building, ou don't like to go up ten (10) stories and then build a'half story ecause you are limited with 200 units. That is what it amounted to, o that is how it came about. e Chair asked the audience if they had any questions? Is. Derbeck referred her question to the Commissioners, "I think his question is more for the Commission than for the Mayor, who 'asn't involved before; but a few months ago you refused a plan to nclude a motel on that and now you have this change ?" The Chair dvised that the basis on that was on the feasibility study; this 'ould still have to have a feasibility study under the HUD regulations. 11 we are doing is changing the land use and we will still have to ollow the HUD requirements to get a feasibility study as they did efore, but since that time, the LaSalle Hotel has closed, and the entury Center is under construction. He asked Mr. Brownell if he s right in his statements in regard to the feasibility study; Mr. rownell advised in the affirmative. Ms. Derbeck added that would ave been easy to predict - - "It was also said at that time, in regard o building a motel there, that it would take a lot of trouble and hat it would have to be rezoned, and that it would be a very compli- ated process." Mayor Nemeth replied, "I want to re- emphasize that e are not saying that any motel is going to be built there, but hat we are saying is that as long as we are going to get an amend - ent of the plan for extra additional units for the high -rise, that e might as well modify it in regard to that particular point as ell, so that in the event that something does come up, we may be eady to go and we don't have to go through the entire process again. Ir. Louis Tutino, WNDU -TV Reporter, asked the Mayor if he would review by he is asking the Board to adopt this at this time, and if there s a time limit? The Mayor advised, "We are asking the Board to adopt his specifically so that the 211 unit high -rise building -- housing for lderly people - -can be constructed on the Block 6 property. The pre - ent plans limit the units to 200 and the plans presently call for 11, and HUD has approved the plan except for the fact that we have o have approval for the restriction. That is why we have to change t, and that is why we have the change here for approval before the oard. There is a time limit from the standpoint of financing that ust be taken care of before the end of June. It is very important hat we get this plan changed." he Chair thanked the Mayor for coming, and that he is sure the Board ill take care of the situation. - 7 - 6. NEW OUSINESS (Cont'd 14r. Brownell distributed copies of "Attachment B" which are the evised pages 9, 15 and 23, of the Urban Renewal Plan, (R -213). he changed items are "underlined." Motion was made by Mr. Wiggins, seconded by Mr. Donaldson and PUBLIC nanimously carried, for the adoption of Resolution No. 522, HEARING, nd that this matter be set for Public Hearing, for the 21st 5- 21 -76, ay of May, 1976, at 10:00 A.M., Eastern Standard Time, in the 10 :00 A.M., ffices of the Department of Redevelopment, 1200 County -City E.S.T. uilding, South Bend, IN 46601. s. Derbeck raised the question that since the Commission has beady passed the adoption of the Resolution,'why have the ublic Hearing? Commissioner Wiggins advised this is part of he required HUD regulations that we must follow to file. Mr. utler advised that the point is well taken, as normally on Irdinances the Common Council has first and second readings o adopt an ordinance and a time is set for Public Hearings. he usual procedure is to adopt a Resolution after a hearing; UD's procedure involves the steps we are taking. After the ublic Hearing, it will go before the Common Council for ap- roval. The Chair added, "I will reiterate what I said at he last meeting- -When you take Federal money; you take the ederal regulations, whether that be highways, schools, welfare, r redevelopment." b. romotional Packages -- "City in a Box:" Commission authoriza- "CITY IN A ion was requested to purchase approximately 100 Promotional BOX" -- ackages, called: "City in a Box," showing South Bend attrac- PROMOTIONAL ions, at an approximate cost of $5.00 each. PACKAGES r. Brownell advised, in a meeting held a while back at the ndiana Club, in which a number of the Redevelopment Commis - ioners were present, `a presentation was made of the promotional ackages Dr. George Wing and his Committee have put together, hich they are planning to send to people who inquire in re- ponse to the advertisements placed in magazines to show them hat South Bend is really all about: Mr. Brownell advised that e does not have the exact cost at this time, but that the cost ould be approximately $5.00 each, and we would like authoriza- ion to purchase approximately 100 of these, so that we can send hem to prospects that we have had contact with over the past everal years, to see if we can't stir up some interest in some f our available land. r. Wiggins moved for the approval of the above purchase, se- conded by Mr. Donaldson and unanimously carried. r. Lloyd S. Taylor, Managing Agent, St. Joseph River Bend Development Corporation, gave a packet of 100 brochures that he St. Joseph River Bend Development Corporation has developed or Block 6 for our use - -at no cost to us. The 16 -acre site long the west bank of the St. Joseph River in the heart of downtown South Bend is being called, "RIVER GLEN OFFICE PARK 6. NEW BUSINESS (Cont'd nmissioner Robinson asked if this is to be done in coordination th Dr. Wing's staff suggestion and the Chair advised that it is d also that it is a very attractive set of materials. c. Change Order No. 3 to Plaza Park Contract No. 1, Indiana R -66: mmission approval was requested of Change Order No. 3 to Plaza rk Contract No. 1, with Nautilus Construction Corporation, for increase in contract amount of $1,489.80., or a total adjusted ntract price of $201,248.30, per memorandum dated May 5, 1976, om the Bureau of Public Construction, Messrs. Patrick M. McMahon d Bill Slabaugh, in Project Indiana R -66. Mr. Slabaugh advised that originally this contract was let for $ 09,000 more or less, and that on Change Order No. l we removed a little over $10,000 from the contract and we did the work with city forces, at no charge to the contract, for the demolition and removal of streets and curbs and sidewalks. The City was not able t ) remove all the streets, curbs and sidewalks, so this is an ad- j stment amount for work that we turned around and asked Nautilus C nstruction Corporation to do. Instead of removing the entire a ea, he removed small portions of it, and also there is one small item in there for the addition of a retaining wall -type panel, which was put in the foundation near the East Jefferson Street Bridge. Tie old building we had demolished there had the foundation portion c nnected to the bridge, and this part was left in there. We had s me oak plank walers put in, and the walers have since rotted out. It has been six (6) years now and Mr. Slabaugh advised he had in- structed Nautilus Construction Corporation put that in, at a cost o $400.00. It was a permanent installation to hold the backfill ii place. Also, we didn't take everything off with the $10,000 deduction change order, so the other $991.50 was to remove the r st of them. I em 635; To increase topsoil quantity to cover over -run o casioned by preparation of deleted (from Contract) a eas, for the planting of grass seed .................... $1,220.00 I stall 10' x 10' aluminum retaining panel which was ordered to replace Department of Redevelopment wood p nel placed in foundation window opening at the time of d molition of Parcel 15 -2 in 1971. The oak plank walers r tted and endangered the backfill in the park........... 400.00 ding of Module "D" which was deleted from the contract required attention .... ............................... 150.00 Removal of 66.6 square yards of pavement not done by City o South Bend forces as mentioned to delete ($991.50 shown op separate page of change order -- $132.00, 25.00, 60.00, 150.00, 89.50, 175.00, 210.00 and 150.00) ............... 233.10 moval of two deadman anchors hidden during engineering eldwork ................ ............................... 33.20 ckhammer work bridge Plaza to complete work not done by CHANGE ORDER NO. 3 TO PLAZA PARK CONTRACT NO. 1 AP- PROVED, R -66 6. NEW BUSINESS (Cont'd City of South Bend forces and which had been removed from Co tract by Change Order No. 1 .......................... $ 445.00 Total Increase ............ $2,481.30 Less Decrease ............. 991.50 Net Increase ......... $1,489.80 Commissioner Robinson said the question he has doesn't exactly pertain to this request for added funds, but he asked Mr. Slabaugh, "Could you tell me approximately how much money Nautilus Construction Company has left in their so- called bank to complete this construction job ?" Mr. Slabaugh advised the balance that will be left with the above amount approved for payment is $83,538.40. Commissioner Robinson said he will get to that a little later in this meeting. Motion was made by Mr. Wiggins, seconded by Mr. Cira and carried, for the approval of Change Order No. 3 to Plaza Park Contract No. 1, with Nautilus Construction Corporation, for an increase in contract amount of 1,489.80, or an amended contract total of $201,248.30, in Project Indiana R -66. Subject to Legal Counsel and HUD approval. d. Change Order No. 4 to Plaza Park Contract No. 1, Indiana R -66: Com ission approval was requested of Change Order No. 4 to Plaza Par< Contract No. 1, with Nautilus Construction Corporation, for a t irty (30) day extension of time, or a contract completion date of lune 1`5, 1976, per memorandum dated May 6, 1976, from the Bureau of ublic Construction, Project Indiana R -66. Mr. Brownell read the letter which stated they have no objection to the request providing that "no delay whatsoever shall be caused in the completion of work by other contractors. A change order for extra work items, over -runs or under -runs is being processed wit the new date of contract completion. With your approval, legal cou sel and HUD concurrence, the time is extended 30'days to June 15, 197 Motion was made by Mr. Wiggins for the time extension and seconded by 4r. Donaldson. The Chair asked if there were any further ques- tio s, and Commissioner Robinson responded against the motion, "I im against this so- called motion that we are prepared to take a vota on,for the simple reason that they have asked for a delay once .before due to weather; I think that is beyond their control. I think the reason they are asking for this increase in time now could be under their control. My other reason is to be fair to the employers in our area where they work in hazardous areas where they mig t be subjected to vandalism, they should have their own security sys em. It seems as though this construction company of Nautilus- - the ' want our city policemen and people like this to do this on the time of the taxpayers' money to protect their property and their jobs. How much more lenient is this Board or the Commission here goi g to take on their behalf, when if it was some other contractor, or ven a contract that is sometimes awarded to various subcontractors or eneral contractors where they have penalty clauses on the time lim t; if he gets an extension of time every time he comes and asks for it, he never will have any incentive to get the darn project done." We CHANGE ORDER NO. 4 TO PLAZA PARK CONTRACT NO. 1 AP- PROVED, R -66 6. NEW BU$INESS (Cont'd Mr. Brownell stated that the letter attached from Nautilus Construc- ts )n Corporation, dated May 4, 1976, states that things were' beyond th it control. Commissioner Robinson further .added, "All I can tell yoj is what I read in The South Bend Tribune that the vandals tore up the railroad ties and then threw them in the St. Joseph River. If he had been taking what I think is his responsibility, in hiring security guards, the probability of this happening would not have existed. If those ties weighed that much I think they would have caught several kids in trying to lift up this kind of weight before they got it in the river, so I think he is neglecting his responsi- bi ity. He is saying the reasons are due to delays and things beyond his control. I think this is part of it; it is just not written in there." Commissioner Wiggins stated that is possible too, but we have yet to collect from anybody on a penalty clause for running late. "We have been liberal, I believe, with every contractor that we have ever had. If they have had trouble, we have gone along with their troubles; we have paid them extra money. In fact; I am personally inclined to believe that we have been too liberal. Not just this guy, but about every other guy. But to some degree you can appreci- ate that unexpected circumstances do arise if what he says here is true. If we fail to give him an extension, it will not necessarily mean that he will get the project completed on the date it was supposed to be, and although it may render him liable for whatever penalties art required as a result of failure to complete, I don't know that it wi l get the job done any sooner." Commissioner Robinson said; "Just because the Commission has gone along with.this in the past, doesn't make it right." He requested the Commissioner to refer to Nautilus' letter, specifically to Item 2, "We have been delayed in our work on the floating piers and the timber steps because we had to return about 13,000 board feet of lumber to the supplier because of a mix -up on the interpretation of the Specifications." He further added, "Now if he is a responsi- ble contractor, you tell me how he can get mixed up on what they are talking about on the interpretation of the specifications. I think at that time, he would be questioning what the specifications were." He directed the next question to Mr. Slabaugh, "On this lumber we arE talking about, is that the lumber that was going to go across that olc railroad trestle ?" Answer was that part of it was. Next question, "Is this the same lumber that is in the specification that was supposed to be treated under pressure that we are talking about and that was just on the job? Rather than being pressurized- treated like it was supposed to be as noted on the specifications ?" Mr. Slabaugh advised, "No. This wa pressure- treated, but it didn't have the required amount of the ch mical in it. They offered us money to give back to the Commission, and you should have the letter; it is $7.00 per thousand board feet; we said that wouldn't satisfy the requirement and we made him send it back. I think that it is probably his fault, but it's not his fault that he has to wait for the supplier, is what he is trying to say. The lag screws that were put in the plan were too long and would have gone th ough the peg, and the contractor requested they shorten them up . So a were found that were too short that had to be lengthened. I do no know how long that delay was." Tho Chair requested votes on the motion: Dissenting vote was cast by - 11 - 6. NEW BU51NESS (Cont'd) Mr. Robinson; four Commissioners cast "Aye" votes for the approval of the motion. Motion carried by majority vote, for the extension of time of thirty (30) days, or a contract completion date of June 15, 19 6, for Change Order No. 4 to Plaza Park- Contract No. 1, R -66. Mr. Kevin J. Butler, Commission Legal Counsel, stated this is just a technicality, but he didn't see a copy of the change order in his packet for the extension of time. The motion has been made to ex- te d it, but there is no change order which affects it As it is evident it has to be prepared, he questioned Mr, ': Slabaugh, who advised thE contractor requested this two days ago and his time for contract' completion would run out before the next Commission meeting and the ap roval is being requested here without a formal change order being mace out. Commissioner Wiggins requested if we couldn't give approval in substance; to approve it without the change order and substitute for the subsequent change order to be enacted later. Mr. Butler ad- vised once the change order is executed extending the time thirty (30) da s, then it is effective; it would be difficult for the Department to make a claim aginst Nautilus for failure to complete the contract, based on the approval of the time extension in the Minutes. With the above discussions, Mr. Slabaugh added that he discussed this item with Pat McMahon, Manager of Bureau of Construction and he stated if this does not tie up Colips Electric, Foegley Landscape Design and Contracting, Inc., who is doing the landscaping, he would have no ob- je tions. It rained yesterday to check the landscaping part out. Mr. Butler said that, based on what Mr. Slabaugh is saying, the Com- mission may want to amend that motion, to make it subject to a clear- ance by the staff; in other words to make sure that it is not going to hold up the rest of the work, and then along with Commissioner Wiggins' comments, direct the staff to let the contractor know that this is it. Tho Chair requested the motion be reconsidered: Mr. Wiggins made the motion to reconsider the motion, seconded by Mr. Robinson, and the votes taken were unanimous. Motion carried. The Chair said that the motion is now being reconsidered, and requested a motion to that effect: Mr. Wiggins moved that we agree to the thirty (30) day extension of time, subject to the approval by the Bureau of Public Construction, as per their request that there be no inconvenience to the other contractors, and subject to the approval of our Legal Counsel, with the further stipulation that this be considered the end of the time extension. Mr. Robinson seconded the motion, and the vote was unanimously carried by all Commissioners, for the motion as noted. Also subject to HUD approval. e. Change Order No. 2 to Colfax /Pier Park'Dredging'Contract No. 1, Project Indiana R -66: Commission approval was requested for Change Order No. 2 to_To_rfa_x/Pier Park Dredging Contract No. 1, with Nauti- lus Construction Corporation, for an increase in contract amount of $500.60, or a total adjusted contract price of $49,786.60, per memo- randum dated May 7, 1976, from Bureau of Public Construction, Project In cl iana R -66. - 12 - CHANGE ORDER NO. 2 TO COLFAX /PIER PARK DREDG- ING CONTRAC 1 APPROVED, R -66 6. NEW f. INESS (Cont'd In his memorandum, Mr. Slabaugh advises the contractor, Nautilus Construction Corporation, requests this change order to pay for 8.344 cubic yards of Gabions placed in the river for bank stabilization. This cost is the result of as -built quantity measurements and finals the contract. Subject to Legal Counsel and HUD approval. Mr Slabaugh further advised that he and George Batchelder who put on a wet suit got down in the river and they measured everything that was put in there. It came out there were 8.344 cubic yards more Gabions than were on the bid estimate that the plan had called for, so this change order is to final out the contract. That is ho much more additional material the contractor put in. His measure - me is all show that the plan is correct but that the bid was wrong, so it is $500.60 more. Commissioner Robinson asked if the contractor repaired the other ones that were wide open and part of the material that was taken out of it Mr. Slabaugh advised that the contractor did and we are ready to build on what he has set a foundation for it- -it's a little wavy, but it meets the specifications. Commissioner Robinson added that the Zfi st time around the contractor didn't do too good .a job, so he just wo dered if it has been corrected. Mr. Wiggins made the motion, seconded by Mr. Robinson and carried, Change Order No. 2 to Colfax /Pier Park Dredging Contract No. 1, with Nautilus Construction Corporation, was approved for an increase in co tract amount of $500.60, or an amended contract total of $49,786.60, in Project Indiana R -66, subject to Legal Counsel and HUD approval. Change Order No. 1 to Rehabilitation Contract No. 15, Southeast Project E- • Commission approval was requested of Change Order No. 1 to Re abilitation Contract No. 15, with Barany Sheet Metal & Heating Company, for an increase in contract amount of $1,580.00, (Contract: $5,700.00), or an amended contract total of: $7,280.00, for rehabili- ta ion work at: 112 East Keasey Street, Southeast Project E -7. Mr. Keith P. Crighton, Director, Bureau of Housing, advised this is ,,!one of Barany Sheet Metal & Heating Company's last three contracts out of total of 17 contracts he was awarded. At the time of inspection, the water closet was requested to be repaired and the furnace was also to be repaired. Those are the two items - -both are being deleted, in amount of $105.00; and under the additions, the water closet is being replaced, in amount of $110.00, and the furnace has been re- paired under the Emergency Repair Program. The most costly item on the change order is the addition of complete reroof (17 -1/3 squares with 3 in l seal down asphalt shingles and installing metal edging), in amount of $1,280.00. Since the time of inspection, the roof has deteriorated to the point where we really should replace it. The other items are: Route all plumbing lines through structure, $165.00; Replace 15 feet of water lines in west section of basement, $45.00; Rebuild 20 square feet of chimney, $85.00; totalling $1,685.00, less $105.00 in deletions, or an increase to contract amount of $1,580.00. ComTiissioner Wiggins asked to confirm that there wasn't even a repair item for the roof originally -- confirmed by Mr. Crighton. Commissioner Cira - 13 - CHANGE ORDER NO. 1 TO REHAB CONTRACT 15 APPROVE SE E -7 6. NEW N INESS (Cont'd qu stioned how we know whether it is a competitive bid then for th roof, and Mr. Crighton advised that it has been checked by ou cost estimator as being comparable in price. Commissioner Ci -a again asked if he didn't feel that it would be better if we pu it out for bid? Mr. Crighton advised this contractor has al eady been awarded the contract, and asked if the Commissioner is suggesting that we re- advertise for that contract, to which Co missioner Cira replied, "Yes. Rebid that contract for the roof-- for that kind of money even if.it only involved a couple hundred dollars." Commissioner Wiggins said that also would depend on what ki d of shape the roof is in. The original cost of the house to re abilitate, asked by Commissioner Robinson, was $5,700 and this change order increases it to: $7,280.00. Mr. Crighton advised that as long as the price is within our allowance -- usually within $65.00 to $85.00 - -we really can't object 'to` the price. Actually th y would not even present it to the Redevelopment Commission if the prices were considered unfair. The Chief Inspector and the Pro- ject Director wouldn't even refer it for approval. Mr. Cira said if it was his own house, he would have "a couple guys bid on it." Mo ion was made by Mr. Wiggins, seconded by Mr. Donaldson and ca ried, for the approval of Change Order No. l to Rehabilitation Co tract No. 15, with Barany Sheet Metal & Heating Company, for an increase in contract amount of $1,580.00, or an amended contract to al of: $7,280.00, in Southeast Project E -7. Change Order No. 2 to Rehabilitation Contract No. SECD /HR /CS =1/07, CHANGE ORDER So theast Community Development Housing Program: Commission ap- NO. 2 TO pr )val was requested of Change Order No. 2 to Rehabilitation Con- REHABILITATION tract No. SECD /HR /CS -1/07, with Slatile Roofing & Sheet Metal CONTRACT NO. Co pany, for an increase in contract amount of $50.00, (Contract SECD /HR /CS- No 07, amended from $3,966.00 to $4,016.00), for rehabilitation 1'/07, SOUTHEAS work at: 502 Sherman Avenue, Southeast Community Development COMMUNITY DE- Ho sing Program, total contract set #SECD /HR /CS =1/07, being amended VELOPMENT fr m $39,091.00 to $39,141.00. PROGRAM Mr Crighton advised this is on Housing Allowance Referrals an the total amended contract would be $39,141.00. Per memorandum from Mr. James L. Johnson, Jr., Chief Inspector, he advises the specifications from the Housing Allowance Office indicates deterioration of the shingles over the front porch. When the contractor began to cover the front porch with asphalt shingles he found that the sheathing was also deteriorated; th refore, staff recommends approval. The cost'is $50.00. Mr 1 Sh or in Mo Wiggins moved for approval of Change Order No. 2 to Rehabi - :ation Contract No. SECD /HR /CS -1/07, with Slatile Roofing & ?et Metal Company, for an increase in contract amount of $50.00, amendment to contract set total of: $39,141.00, with no change contract time, in Southeast Community Development Program. :ion seconded by Mr. Cira and carried. - 14 - 6. NEW BUSINESS I (Cont'd h. Change Order No. 3 to _Rehabilitation Contract No. SECD HR /CS =1/05, So theast Community Develo ment'Housin Pro ram: Commission ap- pr )val was requested of Change Order No. 3 to Rehabilitation Co tract No. SECD /HR /CS -I /05, with Slatile Roofing & Sheet Metal Company, for an increase in contract amount of $250.00, (Contract No. 05, amended from $2,756.00 to $3,006.00), for rehabilitation work at: 1532 Dunham Street, Southeast Community Development Housing Program, total contract set #SECD /HR /CS- '1/05, being amended from $39,141.00 to $39,391.00. Mr. Johnson's memorandum states the items were not included on the sp ction originally let for bids as part of the solution to the pr blem, which needed correction; 'therefore,:staff ` is recommending the change order for approval. CHANGE ORDER NO. 3 TO REHABILITATION CONTRACT NO. SECD /HR /CS- 1/05, APPROVED SOUTHEAST COMMUNITY DE- VELOPMENT HOUSING PROGRA in Crighton advised the additions on this involves the replacement of the water closet and fixtures in amount of $175.00 and replacement of lavatory faucets in amount of $75.00, or total cost increase of $250.00, or amended contract total: $3,006.00; contract total set amended to: $39,391.00. Mr. Crighton advised this relates to the Housing Allowance's inspec- ti n and our interpretation of that. We have had some problem with that which has been corrected. We have had three meetings with the Housing Allowance Evaluation Team and Mr. Crighton advised he be- lieved that our differences have been corrected. Mr. Wiggins moved for the approval of Change Order No. 3 to Rehabili- tation Contract No. SECD /HR /CS -1/05, with Slatile Roofing & Sheet Metal Company, for an increase in contract amount of $250.00, for Contract No. 05, amended from $2,756.00 to $3,006.00, with total contract set amended to: $39,391.00. Motion seconded by Mr. Robinson an1d unanimously carried. i. Change Order No. 1 to Rehabilitation Contract No. SECD /PR /CS -3/27 Southeast Community Development Housing Program: Commission ap -- pr val was requested of Change Order No. 1 to Rehabilitation Co tract No. SECD /PR /CS -3/27, with Fleming Masonry Contruction Co pany, for an increase in contract amount of $40.00, (Contract: $3,020.00), or an amended contract total of: $3,060.00, for re- habilitation work at: 316 East Paris Street, Southeast Community Development Housing Program. Mr. Johnson's memorandum states the specifications called for a nu ber of items; some of which were in the wrong room locations anJ others were not needed because the items are already there, anJ several items need to be included. Staff recommends the change order. There are eight (8) items for the additions which total $1,030.00; anJ twelve (12) items for the deletions which total $990.00, or $43.00 increase to the contract, with an amended total of $3,060.00. Mr. Crighton advised with the tremendous number of ad itions and deletions on this change order, the inspection wa not exactly the way it should have been. Steps have been - 15 - CHANGE ORDER NO. 1 TO REHABILITATION CONTRACT NO. SECD /HR /CS- 3/27, APPROVED SOUTHEAST COMMUNITY DE- VELOPMENT HOUSING PROGRAM 6. NEW BU$INESS_(Cont'd) taken to eliminate the problems. The actual increase is $40.00. Motion was made by Mr. Wiggins, seconded by Mr. Cira and unani- mously carried, for the approval of Change Order No. 1 to Rehabi- litation Contract No. SECD /PR /CS -3/27, for an increase in contract am unt of $40.00, or amended contract total of $3,060.00, which is with Fleming Masonry Construction Company, in the Southeast Com- mu ity Development Housing Program. j. Change Order No. 1 t Rehabilitation Contract No: NWCD /03, in CHANGE ORDER tha Northwest Community Develo ment" Program Commission approval NO. 1 TO wa requested of Change Order No. 1 to Rehabilitation Contract No. REHABILITATION NW D /03, with Slatile Roofing & Sheet Metal, Inc., for an increase CONTRACT NO. in contract amount of $250.00, (Contract: $3,908.00), or an amended NWCD /03, AP- co tract total of $4,158.00, for rehabilitation work at: 506 LaPorte PROVED, Av nue, Northwest Community Development Program NWCD /03 Mr Richard E. Pfeifer, Chief Inspector, for the Northwest Community Development Program, in his memorandum advised that the specification called for the installation of 3/8" plywood'underlayment and vinyl ti e. In order for this work to be properly installed, the contrac- tor had to remove the water closet and reinforce the floor joist around the water closet thus detecting a rotted and leaking lead- waste pipe, bath tub drain line and bath tub vent pipe. This plumbing problem was unforeseeable at the time of the initial ' inspection and should be corrected before any structural damage occurs. Staff re- commends the items for the change order be approved. Mo ion was made by Mr. Wiggins for the approval, seconded by Mr. Do aldson and unanimously carried, of Change Order No. l to Rehabi- li ation Contract No. NWCD /03, with Slatile Roofing & Sheet Metal, In(., for an increase in contract amount of $250.00, or an amended contract total of $4,158.00, with no change in contract time, in tho Northwest Community Development Program. 7. PROGRESS REPORTS: a. Morthly Reports, E -6 and Northwest Housing Program: This was a E -6 & written memorandum submitted by Mr. John E. Davis, in which he NORTHWEST advises work is continuing in the E -6 Code Enforcement Area. HOUSING PROGRAM Al o, Contract No. 24 was awarded to the Powell Construction REPORT Co pany this month. A total of five contracts are presently being co pleted. Physical rehabilitation has started in the Northwest Co munity Development area. Progress in both projects is acceptable. b. Community Development Pro ram Report for A ril, 1976: This written COMMUNITY memorandum was submitted by Mr. Kenneth J. Schaller, Project Direc- DEVELOPMENT tor, in which he advises nine (9) Notices to Proceed have been PROGRAM REPORT issued during the month of April. Also, one structure rehabilita- tion has been approved. Other contracts which have been awarded are in the process of working toward a Preconstruction Conference. Contract Set No. 4 is presently being advertised for bid. - 16 - 7. PROGRESS REPORTS.(Cont'd c. Elderly & Handica ed HAO'Referral'Pro ram Report: Mr. Kenneth ELDERLY & J. Schaller, Project Director, submitted this report in.which HANDICAPPED he states the contractor awarded Contract Set No. ,l has had a HAO REFERRAL Pr construction Conference and a Notice to Proceed has been PROGRAM is ued. The Contractor, Slatile Roofing &`Sheet Metal Company, REPORT is progressing satisfactorily. In Contract Set No'. 2 appli ca is are being processed and bid for this set shall' be advertised in several weeks. d. Neighborhood Develo ment Pro ram Re ort: Mr. Kenneth J. Schaller, NEIGHBORHOOD Project Director, submitted this report, in which he states that DEVELOPMENT nine (9) final inspections were approved, bringing the total number PROGRAM of contracts completed to 54. The total number of contracts awarded REPORT in this program is 67. Presently, all Notices to Proceed have been issued. e. Non-Profit Groups Monthly Report: Mr. Kenneth J. Schaller, NON- PROFIT Project Director, in this report, advised that RENEW, Inc., South- GROUPS east Division, has applied and awarded grants for rehabilitation MONTHLY of structures located at 830 East Calvert Street and 213 East REPORT Dayton Street. RE EW, Inc., St. Augustine Division, has applied and been awarded grants for the two structures located at 120 Garfield Court and 21 0 Kenwood. Work is progressing satisfactorily on those homes to which the non - profit groups have been previously awarded grants. 8. OTHER DISCUSSIONS Ms. Jeanne Derbeck raised various questions on Resolution No. 522, and Mr. Brownell handed her a copy of "Attachment B" which are the changes referred to in the Resolution and requested Mr. Butler to answer the questions. Mr. Butler stated, basically this is the form resolution for approving amendments to the Urban Renewal Plan, and each tine that we amend the Plan, we have to re- affirm the relocation provision. "On the last page- -Page 3, under Paragraph No. 5 of the Resolution, No. 522, it states: 5. That the Urban Renewal Plan, together with the proposed amendments thereto, is hereby in all respects approved and the Secretary is hereby directed to file a certified copy of said Urban Renewal Plan, with proposed amendments, with the minutes of this meeting. Basically, that is the provision. In all of the three pages, that is the key. OTHER DIS- CUSSIONS Ms. Der beck further asked if this is something we must go through each time we wish to amend? You are not thinking about doing anything in relocation? To the first question Mr. Butler answered, "Right." Next; "No." As to calling it a blight again, Mr. Butler advised in the negative, "We are not declari g it a blighted area; we are simply re- affirming. - 17 - 8. OTHER DISCUSSLONS (Cont'd Ms. D rbeck asked questions of the take -down today and completion. Mr. Butler confirmed that the St. Joseph River Bend Development Group is having their meeting today at Noon. Basically ` what this amounts to is the delivery of the deed and the transfer of money for this portion of the take -down. The take -down is today May 7, on "C" and they must have it completed by May 7, 1977. There is no provision on when they start construction. 9. NEXT COMMISSION MFFTTN9 The ne t meeting of the Redevelopment Commission will be Friday, May 21, NEXT 1976, at 10:00 A.M., E.S.T., in the Offices of the Department of Re- COMMISSION develo )ment. MEETING, 5 -21 -76 10. ADJOUR MENT Motion was duly made by Mr. Wiggins for adjournment at A.M. ADJOURNMENT U. wayn wneii, Executive (SEAL) z, President OFFICE OF THE CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 May 7, 1976 Mr. F. Jay Nimtz, President Redevelopment Commission County-City Building South Bend, Indiana 46601 Dead Mr. Nimtz: �I a' z w INDIMN AREA 219 284-9261 I would like to respectfully request the Redevelopment Commission of the City of South Bend to approve the amendments to the Redevelopment Plan contained in Resolution No. 522 that is hefore this body today. Both of the amendments contained in he resolution are in the best interests of the citizens of oath Bend and, more specifically, in the interests of dow town development. The first amendment requests an increase in the number of iesidential dwelling units allowed in the Block 6 area from 200 units to 350 units. This change is necessary to facilitate the construction of the elderly high rise apartment block which requires 211 units to permit the inclusion of handicapped units req fired by federal regulations. The additional units may be req fired because the developer of Block 6 has been approached by Earties interested in constructing luxury dwelling units in the area. The second amendment is necessary because the completion of Century Center will generate a need for additional transient housing as close to the new Center as possible. Block 6 is ideally placed to provide a land area on which can be constructed additional transient housing. Thank you for your consideration of this request, and I will appreciate it very much if you will give it your prompt attention. Ver truly yours, eter J, Ne th PJN bjb T.JOSEPM SANK &TRUST COMPANY n the plaza at Michigan &Jefferson Streets, South Bend, Indiana 46601 Lloyd S. Taylor, Vice President (219) 237 -5359 Departm nt of Redevelopment County ity Building South 4nd,'Indiana 46601 Attention: Mr. Wayne Brownell, Director Dear Mr .1 Brownell: May 6, 1976 Please te advised that the St. Joseph River Bend Development Corporation is in accord with the recommended amendments to the Lan Use plans, controls, and restrictions for Area "E" of the Central Downtown Project R -66 as set forth in Mayor Nemeth's letter of May 6, 1976, to the Department of Rede- velor,me t. The reco of 200 r and the LST:jm mmendations basically consist of removing the restriction esidential units and establishing a restriction of 350, removal of the restriction on motor hotels. Sincerely, LloVS. Taylo , Managing Agent St. Joseph River Bend Development Corporation cc: May r Peter Nemeth Geo ge Wing Bill Steinmetz, President Vd dais Mdy. Dela Proect :' ByJEANN DERBECK Tribune S aff Writer Damage caused by many > acts of vanda sm may delay completion of I Ilaza Park, ac- cording to George Batchelder, contractor for the park. "I'm even more worried about what vandals will do aft - er the whole chain of down- town riverfront parks is ready for public use " Batchelder said. "Millions of taxpayer dol- lars are being petit on these parks, and I would hate to see that investment wasted by vandalism." Batchelder said he thinks the city should have an ordi- nance "with so a teeth in it" to protect the parks against, vandalism. Last week vandals tore up railroad ties on the old Grand Trunk railroa . bridge that Batchelder's crew is convert - ing to a pedestri in bridge over the St: Joseph I Liver between_ Plaza Park and loward Park.: The vandals t ien threw the railroad ties in t e river. "That cause us a lot of trouble and del y;" Batchei- der said. "We had to stop work and go swimming in the river to try to retrieve ties that weigh about 750 pounds each. It will take about six weeks to replace any ties we can't retrieve." Work on the park has been slowed by several acts of van - dalism since construction be- gan. "It will be disastrous if we have any further incidents. Things like that knock us for a loop," Batchelder said. The park is supposed to be finished by.June, in time to be a site of the city's big bicen- tennial Fourth of July celebra -. tion. But more vandalism could spoil the July 4 plans, Batchelder said. Taxpayers should be more alert to protect their invest- ment in the park, the contrac- tbr said:. They should watch for vandals and report inci- dents to police. Batchelder complained that the St. Joseph County Prose- cutor's office "didn't do any- thing about some kids" who were caught a few weeks ago after stealin a bar e u ed "They (at the prosecutor's office) said they couldn't do anything," Batchelder said. Prosecutor William Voor Jr. 'explained last week that his office must turn youths under 18 over to the juvenile judge. "If they catch some adult vandals, certainly we'll do something," Voor said.- "But where are your priori- ties? We've got plenty to han- dle with more serious items like bingo and rape and mur- der." Batchelder then talked to City Attorney Thomas Brun- ner Jr. about a possible city ordinance against vandalism. But Brunner said.,last week that the city can't have an ordinance with penal provi -, sions which "would attempt to supersede the state law of malicious trespass (which is in, the county prosecutors realm)." "In fact, we (city officials) - have been criticized recently for supposedly exceeding our power in the gambling area," Brunner said. P � 1 g g s on the river by the construction The South Bend Tribune, Sunday, April 25, 1976 23 crew. i cz -0 cz �, rocro�� s( °�,o� z E. 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