10-10-77 Council Meeting Minutes

Home Browse Search

REGULAR MEETING (CONTINUED -) OCTOBER 11, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 143 -77 A BILL TRANSFERRING $41,000.00 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS OF THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above bills, proponents and opponen were given an opportunity to.be heard. Mr. James Seitz, Superintendent of Public Parks, made the presentation for the bill. He said there is a surplus in some accounts that can be trans- ferred to others that are depleted or will not have enough funds to operate for the balance of 1977. He said most of the accounts with shortages were budgeted at a higher amount but had to be reduced because of the frozen tax rate. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 144 -77 A BILL ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST..JOSEPH.COUNTY, INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY OF USE OF ITS PARK DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks made the presentation for the bill. He said the Park Department would like to sell two properties on Redwood Road. He said both properties are approximately one acre in size. He said pursuant to State law, the properties must be appraised by three appraisers appointed by the Circuit Court. He said the properties cannot be sold for an amount less than the appraised value. He said the Park Board -will advertise bids on both properties. He said the maintenance problems on both properties are not worth the rental income. Council Member Szymkowiak made a motion to recommen this to the Council favorable, seconded by Council Member Dombrowski. Council Member Adams aske if they would come back to the Council for approval after they receive a bid. Mr. Seitz indicat they did not come back to the Council. He said by State law it was not necessary to bid the hom Council Member Adams indicated that the letter submitted with the bill indicated they would bid these homes. Mr. Seitz indicated that this would be up to the Park Board. The motion carried. BILL NO. 147 -77 A BILL AMENDING CHAPTER 7, ARTICLE I OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF SECTION 7 -15(a) ENTITLED "DISCLOSURE OF CONTRIBUTIONS." This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council Member Kopczynski made the presentation for the bill. He said this bill was introduced in the interest of furthering good government and sound municipal procedures. He said the bill would require all vendors doing business in or with the. City of South Bend to file a "Disclosure of Contributions Statement" with the office of the City Clerk. He said this statement would disclose all contributions made by such vendors to political parties or organizations, or to persons affiliated with political parties or organiza- tions. He said additionally, the City Controller's office would be required to file a monthly report with the Office of the City Clerk setting forth the individual vendors, amounts contribute and running total of contributions. He made the following amendment to Section 7- 15(a), Sub- section (b) "All persons doing business in or with the City of South Bend and who have a license or permit issued under this Code to do so, shall be required to file a Disclosure of Contribution Statement(s) with the Office of the City Clerk. For purposes of this section, "doing business" shall mean transactions for which monetary gain or profit is anticipated," seconded by Council Member Adams. The motion passed by a roll call vote of seven ayes (Council Members Serge, Taylo Kopczynski, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Szymkowiak and Miller). Mr. Thomas Brunner, City Attorney, indicated that the Administration feels that this matter is covered by State legislation. He said they agreed with the objective, but they felt the objective was already being furthered by State legislation. Council Member Kopczynski indic that the Council could pass legislation that was more strict than State law.. Mr. Brunner dis- agreed with Council Member Kopczynski's opinion. A lengthly discussion was held on the defini- tion of several parts of the proposed bill, as well as the language. Council Member Taylor asked if the existing State law covers all contributions over $100. Mr. Brunner indicated that it did. Council Member Adams indicated she felt this was a very valuable bill. She made a motion tto recommend this bill, as amended, to the Council favorable, seconded by Council President Parent. Council President Parent indicated he felt this bill was in the spirit of the Fair Campaign Ordinance. Council Member Miller indicated he felt this bill was discriminatory. Council Member Kopczynski indicated that after listening to the discussion, the proper amendment should "All vendors doing business with the City of South Bend, and persons who have a license or permit to do so shall be required to file a Disclosure Statement with the City Clerk, seconded by Counc' President Parent. Council Member Taylor indicated that State law covered the problem so he was against the bill as it now stands. Council Member Kopczynski indicated that State law only mandated this at the time of elections. Council President Parent indicated he would like to have the motion to recommend favorably withdrawn, and he would recommend this bill be sent to the committee so that Kathy Cekanski can be here to talk about the bill. Council Member Adams asked wh the report of contributions were filed with, under the new State law. Mr. Brunner indicated the County Clerk. Council Member Adams indicated she felt this was a good bill and it should be pass, tonight. She made a motion for a five minute recess to attempt to clear up the language in the bill. Mr. Brunner indicated he did not feel he could make subsequent amendments in five minutes.. Council Member Kopczynski made a motion for a five minute recess, seconded by Council Member Adam The motion carried,. and the meeting was recessed at 4:55 p.m., and reconvened at 5:05 p.m. Council Member Kopczynski made a motion to amend the bill in Section 7 -15, paragraph (a) at the end of the paragraph.following "within" strike State of Indiana and insert within St. Joseph County. Paragragh D, line 1, after "holder" remove seim -colon and add "or vendor." Line 7, after the word "holder" insert "or vendor." Paragraph (b) shall then read "All vendors doing business in or with the City of South Bend, and /or persons who hold a license or permit issued under this.Code to do business in the City of South Bend shall be required to file Disclosure of Contribution Statement(s) with the Office of the City Clerk. For the purpose of this section, doing business shall mean transaction for which monetary gain or profit is anticipated, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to recommend this bill tothe Council favorable, as amended, seconded by Council Member Kopcyznski. The motion failed by a roll call vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Taylor, and Dombrowski.)