10-10-77 Council Meeting Minutes

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REGULAR MEETING OCTOBER 10, 1977 COMMITTEE OF THE WHOLE MEETING Council Member Horvath asked if funds from the City Waterworks could be used to extend services. The Mayor indicated that they could be used. Mr. Phillip Barkley, 50690 Portage Road, said the last time he spoke on this purchase he posed a lot of questions and they have not been answered. He spoke against this purchase. He said changing the status as far as the City's ability to pro - vide services,.has no bearing whatsoever on th e pending annexation. He said that City taxpayers would help pay for this utility. He said there should be a fiscal plan developed before this utility is purchased. Mr. Frank Mulligan, 17250 McErlain, president of Clay Concerned Citizens, asked about the water rates. Mr. Robert Parker, Deputy City Attorney, indicated that water rates are established by the Public Service Commission. He said the present rate would pay the lease payments and generate a slight surplus. Mr. Mulligan asked how the acquisition of Clay Utilities enhances the City's propects of annexation. Mr. Parker indicated this was not a matter of annexa• tion. He said the question of annexation is not involved in this matter, just the purchase of Clay Utilities. Council Member Adams asked .why the Council was not told that this lease is not the same as the previous one. She questioned the fact that the City would be taking over the operi tion of the utility in approximately fifteen days after passage of the bill, even though all of the approvals have not been received for the purchase of the utility. She asked that paragraph thirteen be stricken from the lease, in order that the City will not be in the water business out• side of the City. Mr. Dan Manion, a local attorney, indicated he felt that it was an important factor that this was not the same lease ad the original one presented. He questioned the fact that one of the conditions for passage for this lease is that the sewer lease must also be passed Mr. Hank Waldron, 52610 Kenilworth Road, asked if the City couldforce a resident to use this utility. Mr. Parker indicated there was no way residents could be forced to hook on to the syste7 Mrs. Helen Pedtke, 19367 Glendale, questioned the rush to purchase the utility. Mr. Sam Kovacevi( 16607 Yorktown Road, asked if the City had the funds to purchase Clay Utilities. Mr. John Stancati, Director of Utilities, indicated that the City did not have the funds. He asked if they( would be a rate increase. Mr. Robert Parker, Deputy City Attorney, indicated there could possib. be a rate increase in the future. Mr. Kovacevich indicated there were too many unanswered questic Council Member Adams made a motion to delay this until October 24, so the Council could look at all the ramifications as to the City's responsibilities, seconded by Council Member Kopczynski Council Member Parent made a motion to restrict the discussion to the motion, seconded by Council Member Kopczynski. The motion carried. A roll call vote was taken on the motion to delay. It passed by a vote of five ayes (Council Members Serge., Kopczynski, Adams, Horvath and Parent) and four nays (Council Members Szymkowiak, Miller, Taylor and Dombrowski.) Council President Parent made a motion to recess, seconded by Council Member Kopczynski. No vote was taken on this motion BILL NO. 141 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASE OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bill He said he would request that the same motion regarding the approval and ordering the filing with the Clerk's office of the notice of proof of publication. Council Member Adams made a motio to this effect, seconded by Council Member Kopczynski. The motion carried. The Mayor indicated he would request an amendment to the lease on page 11, section 13, line 11 and 14, where it says water furnished, strike and substitute the words "sewage treated." Council Member Miller made a motion to accept this amendment, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to refer this to the Utilities Committee and continue public hearing and second reading until October 24, 1977, seconded by Council Member Kopczynski. Mr. Phillip Barkley, 50690 Portage Road, asked if a public hearing was going to be held on this bill. A lengthly discussion was held regarding having a public hearing on the bill. Council President Parent made a motion to continue public hearing until October 24. The motion failed for lack of a second. Chairman Horvath indicated he was going to let Mr. Barkley speak on this bill. Mr. Barkley indicated the City would not make any profit on the utility. Council Member Taylor made a motion to recess, seconded by Council President Parent. The motion carried and the meeting was recessed at 9:15 p.m., and reconvened at 9:30 p.m. Mr. Kevin Weinberg, 527 Summit Dr.', questione the parliamentary procedure regarding a motion on the floor. A lengthly discussion was held as to whether there should be public hearing on the bill. Council President Parent made a motion to rule Mr. Weinberg out of order. He said they were speaking to the motion to delay, and anyone could speak on that issue. There was no section to the motion. Chairman Horvath asked the Counc attorney for her opinion. Miss Cekanski, Council attorney, indicated that Mr. Weinberg could speak beyond the question of delay. Mr. Brunner, CityAttorney, indicated he concurred with Miss Cekanski. He said it was essential that there be a public hearing on this matter at this meeting Miss Cekanski said _ e would recommend that this meeting be opened to publichearing. Council Member Adams withdrew her motion, and Council Member Kopczynski withdrew his second. Mr. Dan Manion, local attorney, spoke against the bill and asked that it be delayed. Council Member Serge gave his reasons for changing his vote of purchase Clay. Council President Parent indicate that 1.2 million was still a realistic figure for this utility. Council Member Miller indicated he felt the purchase of Clay Utilities was good for "the City. Council Member Adams indicated tha there would be a Utilities Committee meeting on Tuesday, October 18, at 7:00 p.m. She asked the Administration to prepare a legal opinion regarding the legality of the companion leases, as well as the legal affect of paragraph 13. She made a motion to continue this bill until October 24, seconded by Council Member Kopczynski. The motion carried on a roll call vote of six ayes (Counc Members Serge, Taylor, Kopczynski, Adams, Horvath and Parent) and three nays (Council Members Szymkowiak, Miller and Dombrowski). BILL NO. 59 -77 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Miss Kathy Cekanski, Council attorney, made the presenta- tion for the bill. She indicated she had been working with the Administration on the following amendments: Section 5 -1 (c) At Large: change to Not Within the Real Property Limits of the owner or .custodian of the animal. (.1) (2) remove "repeatedly "; (5) add "or domesticated animals "; (6) remove "unnecessarily "; (m) remove "or within the real property limits of its owner. "; Section S- in title remove "exception" and add "and Forbidding Cruelty to Animals "; add (c) "It shall be unlawful for any owner to fail to provide animals with sufficient good and wholesome food and wat proper shelter and protection from weather, needed veterinary care and humane treatment. It shal be unlawful -: for any person to inhumanely beat, torment, overload, overwork underfeed, abandon, o otherwise .abuse any animal."