04-11-11 Common Council Meeting Minutes

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REGULAR MEETING APRIL 11, 2011 Council Attorney Kathleen Cekanski-Farrand stated that the next motion would be that the regulations on page 3 and 4 Section IV. All pertain to Boards and Commission Public Meetings Regulations are totally separate. She reiterated that there are totally separate regulations for the Council and Boards/Commissions. Council President Dieter made a motion to send Substitute Bill No. 75-10 as amended to full Council favorably. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Oliver Davis.) Councilmember White stated that she would like to have continued discussion in the Council Rules Committee with regard to if a Councilmember would need representation by legal counsel. She stated that if it were to occur and because it has occurred in the past there needs to be some clarity on what the proper procedure would be. Councilmember Oliver Davis stated that he is in favor of revisiting this issue in the Council Rules Committee. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES Councilmember Puzzello made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, Community and Economic Development 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. Councilmember Rouse advised that in light of the very positive reception of Substitute Bill No. 86-10 the ordinance includes several revisions from the original version such as crating a 9 member MBW/WBE Utilization Board which would work closely with the Diversity Compliance Officer and the City Administration and the Common Council in developing policies aimed at eliminating barriers and promoting diversity, inclusion and participation. Developing a mechanism to assure compliance with federal, state and local laws whereby each January an MBE/WBE Participation Report would be filed for Common Council review and discussion. Annually requiring all parties to meet and discuss how local regulations can be improved in order to seek greater effectiveness. Include multiple references in footnotes as educational aids to assist in outreach programs. Councilmember Rouse stated that with the passage of Substitute Bill No. 86- 10 the City of South Bend will have the proper mechanisms in place to maximize opportunities and participation for minority-owned businesses and women-owned businesses. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Pastor Franklin Breckenridge, Olivet Church, 719 N. Notre Dame Avenue, residing at 724 N. Notre Dame Avenue, South Bend, Indiana, stated that he is in favor of this bill and urged the Council to vote in favor of this bill. He noted that this is a looking forward making action bill that the Council should be proud to pass and enforce for all of its citizens especially its minority business and women business enterprises. 4