03-28-11 Common Council Meeting Minutes

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REGULAR MEETING MARCH 28, 2011 Meetings and observe how they do that. He assured the Council that they consciously follow the statute and the advice of legal counsel and try to get the best value for the dollar to get the work done. Mr. Gilot stated that 20% in this case is not statutory its judgment. Mayor Stephen Luecke stated that they believed 20% was pushing the envelope of State Law. He advised that State Law doesn't say anything about bid documents that require local workers. He stated that many Mayors through the Indiana Association of Cities and Towns push for the authority for Municipalities to be able to utilize a local provider component in bids. He stated that was across the board, for instance the City of Goshen wants to buy a police car and they get bids from multiple vendors then their local dealer is 3% higher than somebody from Michigan, by State Law if the Michigan dealer is responsive and responsible, they can't go to the local dealer even though he may donate the use of vehicles during the year for a variety of different things. It is an area that they are trying to push the envelope and feel that the 20% number that they are using is not one that would generate a lawsuit, therefore causing additional costs and delays in terms of the projects. But they are trying to make sure that they are incorporating local workers and move forward in an area that is gray at this point. Councilmember Oliver Davis asked Mayor Luecke if someone from the administration could meet with Mr. Harris again clarify the project to him, along with either an At-Large Councilmember or the 4th District Councilmember. He asked if someone could report back to the Council at the next Council Meeting, April 11, 2011. Mayor Luecke stated certainly. Council Attorney Kathleen Cekanski-Farrand stated that in light of Councilmember Henry Davis' question and the explanation given by the City Administration. The City Council has to have both a reasonable and rational basis in the setting of percentages as proposed by the City Administration. Based on the information provided by the City Administration she believes that there is such a basis; and therefore it would not be considered arbitrary or capricious by the courts. Councilmember Dieter made a motion for favorable recommendation on the substitute bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $219,942 FROM THE GENERAL FUND (#101) IN 2011 FOR THE OFFICE OF ENERGY Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Gregg Zientara, City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that on September 21, 2009, the City of South end was awarded a $1,046,800 Federal Energy Efficiency and Conservation Block Grant (EECBG) from the United State Department of Energy (Award No. DE-SC0002273). On October 15, 2009, the City received its initial installment of grant proceeds in the amount of$250,000 which was budget appropriated in fiscal 2010 and 2011 and has been used over a two year period for strategic planning development. The proceeds have been used to hire a Municipal Energy Director and to pay for professional consulting services to develop the energy conservation plan. On September 13, 2010, the City received a second installment of grant funds in the amount of$654,372. The Energy Efficiency and Conservation Block Grant provides for 100% federal stimulus funding with no matching 7