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REGULAR MEETING JUNE 11, 2007 <br />BETWEEN CONTROLLED USES AND <br />PERMITTED USES; ARTICLE 11, <br />DEFINITIONS, TO MODIFY DEFINITIONS FOR <br />AMUSEMENT CENTER, AMUSEMENT <br />ARCADE AND ADD A DEFINITION FOR <br />AMUSEMENT PARK <br />This bill had third reading. Councilmember Puzzello made a motion to amend this bill as <br />in the Committee of the Whole. Councilmember Dieter seconded the motion which <br />carried by a voice vote of six (6) ayes. Additionally, Councilmember Dieter made a <br />motion to pass this bill as amended in the Committee of the Whole. Councilmember <br />Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) <br />ayes. <br />ORDINANCE NO. 9761-07 <br />AN ORDINANCE OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROPRIATING $225,000 FROM <br />ECONOMIC DEVELOPMENT INCOME TAX <br />(EDIT) FUND #408 TO SUPPORT THE <br />SERVICES OF DOWNTOWN SOUTH BEND, <br />INC <br />This bill had third reading. Councilmember Puzzello made a motion to amend this bill as <br />in the Committee of the Whole. Councilmember Dieter seconded the motion which <br />carried by a voice vote of six (6) ayes. Additionally, Councilmember Dieter made a <br />motion to pass this bill as amended in the Committee of the Whole. Councilmember <br />Varner seconded the motion which carried. <br />Mr. Ken Peczkowski called for a point of order. He stated that he is calling for the point <br />of order because law allows him to do so. He is referring to the activities of the Council <br />and to he Indiana State Ethics Commission Legal Counsel that he engaged, and on <br />previous precedent set by the New York State Ethic Commission that "any person who <br />has served on the Board of DT SB within the last year should abstain from making any <br />votes regarding appropriations of funds to said organization." Also anyone who has <br />received gratuities in the past from said organization needs to be advised that if they go <br />ahead and vote (aye) in favor of an appropriation, and if the Indiana State Ethic <br />Committee finds that such was a conflict of interest it is a Class D Felony by Indiana <br />State Law. <br />Councilmember Pfeifer asked for clarification what a gratuity is. She stated that she <br />participated in Art Beat and received a t-shirt? <br />Council Attorney Kathleen Cekanski-Farrand advised that the t-shirt is a nominal <br />gratuity. She stated that she does not see that as a conflict. Council President Rouse also <br />made it very clear that he is a member of the board. She stated that she does not see any <br />financial gain that would be gained by either Councilmember and she does not see it as a <br />conflict. <br />This bill passed by a roll call vote of five (ayes) and one abstention (Council President <br />Tim Rouse) <br />ORDINANCE NO. 9762-07 AN ORDINANCE OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA APPROPRIATING $167,052 <br />RECEIVED FROM THE U.S. DEPARTMENT OF <br />HOUSING AND URBAN DEVELOPMENT'S <br />SHELTER PLUS CARE GRANT PROGRAM <br />WITHIN FUND 212 COMMUNITY & <br />21 <br />