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03-28-11 Common Council Meeting Minutes
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03-28-11 Common Council Meeting Minutes
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REGULAR MEETING MARCH 28, 2011 <br /> Meetings and observe how they do that. He assured the Council that they consciously <br /> follow the statute and the advice of legal counsel and try to get the best value for the <br /> dollar to get the work done. Mr. Gilot stated that 20% in this case is not statutory its <br /> judgment. <br /> Mayor Stephen Luecke stated that they believed 20% was pushing the envelope of State <br /> Law. He advised that State Law doesn't say anything about bid documents that require <br /> local workers. He stated that many Mayors through the Indiana Association of Cities and <br /> Towns push for the authority for Municipalities to be able to utilize a local provider <br /> component in bids. He stated that was across the board, for instance the City of Goshen <br /> wants to buy a police car and they get bids from multiple vendors then their local dealer <br /> is 3% higher than somebody from Michigan, by State Law if the Michigan dealer is <br /> responsive and responsible, they can't go to the local dealer even though he may donate <br /> the use of vehicles during the year for a variety of different things. It is an area that they <br /> are trying to push the envelope and feel that the 20% number that they are using is not <br /> one that would generate a lawsuit, therefore causing additional costs and delays in terms <br /> of the projects. But they are trying to make sure that they are incorporating local workers <br /> and move forward in an area that is gray at this point. <br /> Councilmember Oliver Davis asked Mayor Luecke if someone from the administration <br /> could meet with Mr. Harris again clarify the project to him, along with either an At-Large <br /> Councilmember or the 4th District Councilmember. He asked if someone could report <br /> back to the Council at the next Council Meeting, April 11, 2011. <br /> Mayor Luecke stated certainly. <br /> Council Attorney Kathleen Cekanski-Farrand stated that in light of Councilmember <br /> Henry Davis' question and the explanation given by the City Administration. The City <br /> Council has to have both a reasonable and rational basis in the setting of percentages as <br /> proposed by the City Administration. Based on the information provided by the City <br /> Administration she believes that there is such a basis; and therefore it would not be <br /> considered arbitrary or capricious by the courts. <br /> Councilmember Dieter made a motion for favorable recommendation on the substitute <br /> bill as amended. Councilmember Varner seconded the motion which carried by a voice <br /> vote of nine (9) ayes. <br /> BILL NO. 08-11 PUBLIC HEARING ON A BILL OF THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH <br /> BEND, INDIANA, APPROPRIATING $219,942 <br /> FROM THE GENERAL FUND (#101) IN 2011 <br /> FOR THE OFFICE OF ENERGY <br /> Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported <br /> that this committee held a Public Hearing on this bill this afternoon and voted to send it <br /> to the full Council with a favorable recommendation. <br /> Mr. Gregg Zientara, City Controller, 12th Floor County-City Building, 227 W. Jefferson <br /> Blvd., South Bend, Indiana, made the presentation for this bill. <br /> Mr. Zientara advised that on September 21, 2009, the City of South end was awarded a <br /> $1,046,800 Federal Energy Efficiency and Conservation Block Grant (EECBG) from the <br /> United State Department of Energy (Award No. DE-SC0002273). On October 15, 2009, <br /> the City received its initial installment of grant proceeds in the amount of$250,000 <br /> which was budget appropriated in fiscal 2010 and 2011 and has been used over a two <br /> year period for strategic planning development. The proceeds have been used to hire a <br /> Municipal Energy Director and to pay for professional consulting services to develop the <br /> energy conservation plan. On September 13, 2010, the City received a second <br /> installment of grant funds in the amount of$654,372. The Energy Efficiency and <br /> Conservation Block Grant provides for 100% federal stimulus funding with no matching <br /> 7 <br />
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