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REGULAR MEETING NOVEMBER 24, 1975
<br />REGULAR MEETING - RECONVENED (CONTINUED)
<br />(ORDINANCE
<br />AN ORDINANCE TRANSFERRING THE BALANCE OF
<br />$24,000.03 FROM THE URBAN REDEVELOPMENT
<br />FUND TO THE GENERAL FUND OF THE CITY OF
<br />SOUTH BEND, INDIANA.
<br />This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take
<br />action on the ordinance, seconded by Councilman Horvath. The motion was lost as Councilman Nemeth
<br />cast the dissenting vote. Mr. Michael Vance, Chief Deputy Controller, explained that legal publi-
<br />cation of the ordinance must take place and that the administration was not asking for suspension
<br />of the rules for the ordinance. In view of that, Councilman Miller made a motion to set the
<br />ordinance for public hearing and second reading on December 15, 1975, seconded by Councilman
<br />Horvath. The motion carried.
<br />(PRIVILEGE OF THE FLOOR
<br />Miss Barbara Schankerman, 1615 Rockne Drive, indicated that she had been calculating revenues, etc
<br />regarding the parking meters, and she stated that she had come to the conclusion that the meters
<br />were only receiving 250 occupancy. Mr. Richard Hunt, Deputy Controller, indicated that he would
<br />provide a copy of the audit for Miss Schankerman showing the exact figures concerning income and
<br />expenses.
<br />Mrs. Jane Swan, 2022 South Swygart Avenue, expressed concern that a precedent might be set con-
<br />cerning the dates that ordinances were set for public hearing because of an incident involving the
<br />transfer of $2,600 from the Council's budget to the Parking Meter Fund. She felt that free parkin
<br />was not a "do or die" situation, and she wondered why the date for the public hearing on the
<br />ordinance had been changed to November 24th when the date set by the Council had been December 15t
<br />She indicated that she always marked her agenda according to the motions made by the councilmen an
<br />she had the December date. Council President Parent stated that he had submitted a memo to the
<br />councilmen concerning the issue and he provided a copy of the memo for Mrs. Swan. He indicated
<br />that, at the November 10th meeting, he had inadvertently phrased incorrectly the motion to set the
<br />public hearing for December 15th rather than November 24th. He stated that he had asked the Clerk
<br />to advertise the ordinance for the November 24th meeting and insert the November 24th date in the
<br />rough draft copy of the minutes. He indicated that he felt he had done nothing illegal concerning
<br />the date of the public hearing. Councilman Kopczynski asked if Council President Parent had
<br />requested the Clerk to change the date in the minutes of the meeting. Council President Parent
<br />indicated that he had asked that the Clerk show the November 24th date in the work draft of the
<br />minutes which he would have asked the Council to approve. He indicated that this procedure could
<br />be utilized as long as the Council was aware of the situation and approved it. Councilman
<br />Kopczynski felt the Council should be very careful in the future in thinking these programs out
<br />before acting on new ideas. He asked if the Clerk's Office had been approached to change the date
<br />of the minutes, and Mrs. Gammon indicated that she had been. Councilman Kopczynski indicated that
<br />changing public records could be a felony under certain circumstances. Council President Parent
<br />felt charges of that kind were outrageous and not called for. He felt Councilman Kopczynski was
<br />only making an issue of the matter because he wanted the Council presidency next year. Councilman
<br />Horvath also felt that none of this was called for. Chairman Newburn indicated that he had
<br />attempted to eliminate an incident such as this in the Committee of the Whole meeting. He felt
<br />the whole matter was a game and he felt all petty jealousies should be eliminated. Mrs. Swan
<br />indicated that her curiosity had been aroused and this was why she had questioned the matter. Mrs.
<br />Gammon asked to speak. She indicated that she did not care whether or not the ordinance was given
<br />public hearing at this time. She wondered if it would be possible in the future, if a situation
<br />similar to this occurred again, that an addition be made to the minutes rather than having the
<br />constant bickering that was going on. Mr. Robert Parker, Deputy Attorney, indicated that many
<br />public bodies are in charge and control of their own minutes so they may ascertain to the truth.
<br />He indicated that a body could amend or change minutes. He felt that, perhaps the minutes should
<br />show what actually happened, but that another part show the intent of the Council. He stated that
<br />he would render a decision if needed. He felt the Council determined whether or not the minutes
<br />speak the truth. Councilman Miller felt it should be made clear that no minutes were changed, and
<br />he felt the motives of individual councilmen should not be judged because of something hypothetica
<br />He felt it went beyond the purpose of the meeting, and he made a motion that the Council proceed
<br />with the next item of business, seconded by Councilman Taylor. The motion carried.
<br />(UNFINISHED BUSINESS
<br />Councilman Newburn made a motion that the ordinance appropriating $195,000 from revenue sharing
<br />funds for fire truck equipment, which ordinance had been referred to the Committee of the Whole
<br />on November 10, 1975, be re -set for public hearing on December 15, 1975, seconded by Councilman
<br />Serge. Mr. Michael Vance, Chief Deputy Controller, indicated that there would be a time problem
<br />in trying to pass the ordinance in December. He indicated that all revenue sharing funds not spen
<br />but appropriated, would revert back to the fund at the end of the year and another appropriation
<br />would be needed in January. The motion carried.
<br />At this time, Council President Parent asked if the Council wished to conduct a public hearing on
<br />the ordinance transferring $2,600 from the Council's budget to the Parking Meter Fund in order to
<br />implement his parking proposal for downtown during the month of December. He asked Mr. Robert
<br />Parker to render an opinion on whether or not the ordinance ouldr be given public hearing without
<br />suspension of the rules. Mr. Parker felt considerable question might be raised it the matter was
<br />brought up at this time. He indicated that, if the minutes spoke the truth, then he felt the
<br />Council should not act on the ordinance; however, he indicated that a public hearing was not
<br />necessary to pass the ordinance. Councilman Nemeth wondered about suspending the rules, and Mr.
<br />Parker felt there was a method by which the ordinance could be considered and that was by suspensi
<br />of the rules. Council President Parent made a motion to suspend the rules and take action on the
<br />ordinance, seconded by Councilman Serge. Councilman Serge indicated that the program was a trial
<br />program and if it was not implemented soon, there would be no reason to even have it. Councilman'
<br />Nemeth asked for an opinion from the State Board of Accounts regarding the matter. Mr, Michael
<br />Vance, Chief Deputy Controller, indicated that, in talking with representatives from the State
<br />Board of Accounts, he had been lead to believe that the state would not approve the transfer.
<br />Council President Parent appeared surprised at this remark and indicated that he felt he should
<br />have been notified of this decision because he had sponsored the ordinance. Mr. Vance apologized
<br />for not informing Council President Parent of this decision. Councilman Kopczynski indicated that
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