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HomeMy WebLinkAbout03-26-73 Council Meeting MinutesF....- 1-+- h...- I-........- F+- f- .1- .+ ..+ ......+- F- .- I-- F- E+- I-- 1-- I- ....#.....4- ............................................ REGULAR MEETING MARCH 26, 1973 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 26, 1973, at 8:04 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. REGULAR MEETING MARCH 26, 197 COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, March 26, 1973, at 8:05 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROPRIATING $313,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. (AS AMENDED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Patrick Gallagher, Director of the Departmen of Safety, made the presentation for the ordinance. He indicated to the Council that he desired its action on the request for revenue sharing money for certain public safety expenditures. He mentioned that he was aware of the recommendations of the Public Safety Committee and that he had met with the members and discussed at length the appropriation. He indicated that agreement was reached regarding the recommendations, and he felt that, in line with the recommendations, another ordinance be prepared to appropriate $89,000.00 to cover the needs of the Department of Public Safety. He then proceeded to outline the recommendations as set forth in the report of the Public Safety Committee. Under Program FA12 "Youth Services Bureau ", he indicated that passage of the $20,568.00 as requested in the ordinance be recommended. He briefly explained the Youth Services Bureau which is presently funded totally by the Criminal Justice Planning Agency through an $86,000 grant. The first -year grant will be renewed at a total of $53,000.00. The $20,568.00 asked for will provide a total sum of $73,568.00 for a 12 -month period. Of this, $20,000.00 will go principally for two persons to provide counseling and supportive services for young persons who have gotten into trouble with the law and who seem to be heading into contact with the criminal justice system. The Youth Services Bureau is related to the Police Department, School City, the probation offices and courts, and all those concerned would like to see this particular type of liaison with the criminal justice system continued. Under Program FA13 "Demolition of Substandard Buildings ", he requested an increase of $25,000.00 because of the many empty substandard houses in the community which are unfit for human habitation. The additional $25,000.00 would provide funds to tear down approximately 35 to 45 empty substandard buildings. Mr. Gallagher mentioned that the city should also consider bringing these buildings up to the code before they become substandard. He also indicated that he hoped this could be done. He indicated that only five houses can be demolished within a week which would be 250 a year. In the Model Cities area alone, he indicated that there were 277 of these substandard buildings. Under Program FA15 "Survey of Fire Department ", he was requesting $17,000.00. He indicated that three proposals had been received for the survey, they being: The National Fire Protection Association in the amount of $16,728.00, the International Association of Fire Chiefs in the amount of $15,000.00, and the National Loss Control Service in the amount of $17,000.00. He mentioned that the particular company had not, as yet, been decided upon, but he felt the National Fire Protection Association was a very good firm. He indicated that the word "survey" was a misnomer and that it really was to be an in -depth study of the total operations of the Fire Department, with a main concern that the Fire Department be prepared, equipped and trained to meet the challenge of fighting potential fires in high rise buildings within the city. Under Program FA16 "Addition of 24 Police Recruits ", he indicated that this was self - explanatory. Under Program FA17 "Department of Public Safety ", he requested $10,000.00. He explained that the money budgeted to include substandard housing and abandoned vehicles only con- tained $120.00 for supplies. He indicated that this was to cover his office and staff, the Bureau of Substandard Housing and the Bureau of Abandoned Vehicles. He also mentioned that this money was spent before he even took office on January 19, 1973. He explained a procedure where, by law, ! the department is required to take five pictures of each building slated for demolition, at a cost'. of 30� a shot. At five houses a week, 25 pictures would be taken, and over an eight -month period,' it would cost $340.00 for taking the pictures only. He also indicated that there is a requirement to take pictures of all cars that are abandoned and to be towed away, and he further mentioned that this has not been done because there were no funds available. As far as the extra and over- time pay, he explained that $1,000.00 is needed to pay the salaries of student interns working within the department for the summer months. He requested that the figure be divided between two interns for 10 weeks at $50.00 a week. The $500.00 figure for travel was needed in order that the inspectors of the substandard housing could go to the three -day training school to learn the practices of the inspection trade with the other money being used for gas mileage. He also indicated that, up to this time, he had not been reimbursed for travel. He requested $1,000.00 for community and department services, and explained that $400.00 would be for instructional pub- lications to be handed out to the citizens regarding crime protection measured. He indicated that equipment is needed, and he added that he would like to investigate in the purchase of a camera for approximately $250.00 for the bureau as he previously explained. As far as office equipment, he indicated that all of it was borrowed, including the typewriter. He indicated that the Department of Public Safety has a total of $500.00 for equipment which must be used by the Bureau of Substandard Housing and the Bureau of Abandoned Vehicles. He mentioned that the equip- ment in his office was owned by the Criminal Justice Planning Agency. Under FA18 "Police Overtime the additional funds would provide for immediate additional police power. He mentioned that the policemen would be paid at the regular rate on a part -time basis for perhaps three days a week and six hours a day. Under Program FA19 "Assistant Director for Computer Center ", he explained that $12,000.00 would be used to hire a non - police person to fill a position presently filled by a policeman in order to release one more policeman for crime prevention and reduction duties. Under FA21 "New Police Cars ", he indicated that additional cars are needed. He recommended the deletion of Programs FA14 "Payment of Fire Trucks" and FA20 "Educational Incentive Pay for Police ". Mr. Gallagher then referred to the committee report and indicated that he hoped item 4 could be amende and he explained that none of the police cars have a screen between the driver and passenger which requires a two -man car. He indicated that he would like to come back with an additional request for the $89,000.00. He concluded that the money will be adequately used and was badly needed, and he indicated that he would be happy to come before the Council in the future when he could evaluat the exact use of this material. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked what period of time was covered regarding the Youth Services Bureau, and Mr. Gallagher indicated that it was a different period of time for about five different periods. Some is funded by the Emergency Employment Act and the Criminal Justice Grant. He indicated that salaries would be yearly at approximately $6,000.00 and broken down into monthly salaries until the end of this year. Miss REGULAR MEETING MARCH 26 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Guthrie asked if this would end as of December 31, 1973, and Mr. Gallagher indicated that it would. Miss Guthrie asked about the equipment for this, and Mr. Gallagher indicated that the equipment previously was rented. He indicated that the funding for the second year would be $53,000.00, and the equipment would be for general office equipment, such as desks, typewriters, dictaphone, etc. Miss Guthrie indicated that she thought there was surplus equipment in the building and wondered why this equipment could not be used. Mr. Gallagher indicated that he had checked with the city officials and he thought there was no equipment available. Miss Guthrie indicated that the equip- ment was owned by the county, and she suggested that Mr. Gallagher contact the county officials to see if he could use this equipment. She asked what would happen to those persons whose homes would be demolished because they were considered substandard. Mr. Gallagher indicated that the buildings to be demolished would be all vacant buildings. Miss Guthrie indicated that it was her understanding that the cost of tearing down these buildings was taken to the property owners and she asked how much money was brought in. She also questioned the need for the survey in the Fire Department, expressing her views that she felt the firemen within the department would be better able to make suggestions and recommendations. She also indicated that the Civic Planning Associati was in agreement with the addition of the police recruits; however, she indicated that even with th addition of 200 policemen, the crime problem would not be solved. She mentioned a program on local television featuring crime prevention and indicated that the series was very good and she hoped that everyone would watch it. Mr. Gallagher indicated that arrangements have been made with Mr. Charles Lennon, Executive Director of the Department of Redevelopment, to increase the number of inspectors under Mr. Steed in the Substandard Building Department. He expressed hope that they would be able to inspect census tract by census tract. He indicated that additional expenses in supplies would be incurred. Miss Guthrie asked why the Department of Redevelopment was paying for inspectors in the Engineering Department. She thought that should be checked into. Mr. William J. Richardson, Director of the Department of Public Works, indicated that the inspectors in the Engineering Department have nothing to do with the building inspection. These men are solely for inspection of public works matters that are primarily funded through the Redevelopment Department. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, indicated that his department has, under the federal assisted code enforcement programs, inspectors under the federal grant who do house -to -house inspecting. He mentioned that his department, in effect, does have a portion of the Building Department. It was his contention that the city should have only one group of inspectors, and he indicated that combination of the inspections was being seriously considered and, as soon as space was available, they would be combined. Miss Guthrie asked if they would be transferred over and paid out of Redevelopment, and Mr. Lennon indicated that they would be. Miss Guthrie questioned the additional $25,000.00 in the substandard building program. Mr. Lennon indicated that there was no cost for the inspectors and that the cost was for the tearing down of the buildings. Miss Guthrie asked if the work would be carried on and followed through better than was done in the past. Mr. Lennon indicated that everyone in the City of South Bend was under the local code enforcement. Miss Guthrie expressed her concern and reservations on the police overtime She wondered if favortism would play an important part on the policemen picked to work the overtime She asked how these men would be chosen. Mr. Gallagher indicated that, to appropriate any parcel o these funds, would not give the department the opportunity to effect the crime rate. He guaranteed there would be no favortism in selecting the men for the overtime. He indicated he would prefer to see it as professionals putting in overtime, and it would be accomplished on a rotating basis. Mis Guthrie expressed her faith and confidence in the South Bend Police Department; however, she felt that some of these funds should be held in abeyance. She made reference to the March 24, 1973, letter of the Civic Planning Association in which certain comments and suggestions were made to the Council members. She then asked about the salary for the director of the computer center. Mr. Gallagher indicated that this would be for one year at $10,500.00 with fringe benefits at $1,500.00' Miss Guthrie indicated that at onetime, she thought this individual had to be a police officer for security purposes. Mr. Gallagher indicated that there is an FBI regulation that a sworn person must be used; however, this additional person employed would be primarly to research, digest the material and act as a liaison with the community. He indicated that a sworn person would still be on duty at all times. Miss Guthrie questioned the availability of a good programmer at that rate, and Mr. Gallagher felt a qualified person could be located and employed at that rate. He mentioned dedication to one's job and felt that a dedicated individual would accept the job. Miss Guthrie indicated that, one of the reasons for this computer center program, was participation of all the communities. She asked if there wouldn't be some sort of a record that could feed into the compute rather than having to employ a full -time programmer. Mr. Gallagher indicated that it involved local information and the Police Department must feed into the computer in order to obtain this local information. He also indicated that the local computer can store all this information, and he indicated that 81.2% of all police calls are non -crime calls. Mr. Gallagher indicated that he was not aware of a study being made on the "down" time on the police cars when Miss Guthrie questioned this. Police Chief Urban indicated that the time has been cut to about half. Miss Guthrie felt that Mr. Gallagher should have mileage, and she suggested that perhaps he be furnished a car. She also indicated that she was shocked to learn that there is no screening in the police cars, and she Ifelt this was a very important item and screening should be installed as soon as possible. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, indicated to Council that many of the association's questions had been answered; however, she did wonder three fire trucks were not being paid off. Mr. Gallagher explained that the money was kept savings at the present time and it was earning more than the city would save by paying off trucks at this time. the why the in the f ire Mr. Carl Zwierzynski, President of the South Bend Firefighters Local No. 362, expressed the fire- fighters' view of the proposed survey to be conducted within the Fire Department. He indicated that such a survey was opposed by the members. He indicated that the National Loss Institute does not set fire insurance rates and that the record of that company is the reduction of manpower within the department. He mentioned that the city is expanding, and with future annexations, how could a reduction in the fire force be explained. He felt the money could be put to better use. He felt that with the hiring of the Safety Director at $15,000.00 and the Fire Chief at $15,000.00, another $17,000.00 would be wasted to conduct a study to show these competent people how to run their department. He also indicated that if such a survey was needed for future stations due to annexations, the men should be allowed to work with the Area Plan Commission or the American Insurance Associates. He mentioned that a survey was conducted in South Bend nine years ago, and since then, the department has gone backwards. He also indicated that the survey was conducted before most of the high rise buildings were constructed in the South Bend area. He indicated that $17,000.00 was the salary of a firefighter or policeman for two years. It was also one -third the price of a fire truck, the price of two police cars and would take care of $1,000.00 of equipment for each fire truck in the city. He concluded by urging the Council to think progressively and vot( REGULAR MEETING MARCH 2'6 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) this $17,000.00 to a better use. The audience applauded at this statement. The Mayor indicated that this money was not to be connected with future surveys and it was not a survey for the pur- pose of cutting manpower. This firm would be able to give the city the most objective and reliabl information available in making decisions for an effective fire force. He indicated that this was being done in many areas, and he also indicated that so far, no one has been able to come forth with that type of information. The Mayor did mention that the survey was conducted in Fort Wayne, and in that particular instance, it was determined the manpower should be cut. He mentioned that manpower is based on population of the particular city involved. Mr. Gallagher indicated that, as the community grows, the city was talking about a stable number of firemen and was not concerned with reduction of manpower. Captain Zwierzynski cited articles that appeared in the local news- paper on March 22 and February 22, 1973, wherein Mayor Miller was quoted as saying that the survey may lead to a reduction in manpower. Mr. Paul Bognar, 805 West Washington Street, asked how the firm would be chosen to perform the survey in the Fire Department, and Mr. Gallagher indicated that, out of the three proposals that have been received, he could not say which firm would be chosen but that the most efficient one would be considered. Mr. Bognar indicated that there were 270 men in the firefighters that were opposed to such a survey, and he felt that if they objected to it, the survey would not work. He also indicated that most of the areas in which the survey had been conducted previously had been damaged. Mrs. Ann Wlodarski, 1869 Riverside Drive, indicated that she wanted to speak on her own behalf as citizen and taxpayer of South Bend. She asked Mr. Gallagher if he had figures on how much money the city has received through federal grants in 1972 and how much will be received in 1973. Mr. Gallagher indicated that from June 30 to December 31, 1972, the city received $453,000.00 in criminal justice money. Since then, the city has received close to an additional $200,000.00. In the early part of 1972, the city received close to $300,000.00. He indicated that the total for South Bend is more than any other city in the northwest corner of Indiana. Mrs. Wlodarski asked what this money had been used for, and Mr. Gallagher indicated that expenditures of this money were public record. He further indicated that 1% of the money was used for some type of hardware, 19% used for communication and computer operation, 40% for juveniles, and 20o for upgrading and training programs. Mr. Gallagher indicated that he previously had released this information to the South Bend Tribune in January of 1973, and that it had been published almost in its entirety. Mrs. Wlodarski felt that the $17,000.00 should go for additional policemen and firemen and not for some "glorified and fancy" survey which might mean nothing after it was completed. She asked if the Safety Director position could be deleted if the crime rate did not increase in 1973, and Chairman Newburn indicated that it could not. Mrs. Constance Green, 3217 West Dunham, asked how many of the 22 policemen that would start training on April 14 would be in some kind of minority group. Mr. Gallagher indicated that the officers hired through revenue sharing are to be hired in fall and that all others hired were replacements. He indicated that, as of this date, it seemed to him that there were four members of a minority group and one Irishman. He further indicated that the department was waiting for a final check on one individual in order to continue his processing and that there might be five men in a minority group. Mrs. Green indicated that she had heard a rumor about a certain man being interrogated on an exam he had taken for the Police Department. She mentioned that this particu- lar young man had gotten a very high score on his test and was interrogated because of this. Mr. Gallagher indicated that he would question the use of the word "interrogation ", and Mrs. Green indicated that that was what she meant. Mr. Gallagher indicated that there have been no interro- gations and that every candidate must be interviewed and his background checked, along with his financial status, a check with his references and neighbors, etc. He felt that some persons might use the word "interrogation" because of the utilization of the polygraph. He indicated that every'' candidate must be put through a test on the polygraph in order to test the reliability of his information given. This was standard procedure, and he indicated that it was also standard pro- cedure that, when a person scores extremely high on the test, he be requested to take the test over. He mentioned that there have been 10 persons who have been requested to do this and that there has been asked only one black person to take the test again. He indicated that this was don because the city desired to hire only the best qualified people. Mrs. Green asked if this poly- graph test usually consumed four to five hours for one person, and Mr. Gallagher indicated that each candidate generally receives the same amount of time on the polygraph. He further indicated that this test is conducted at the Police Department and must be operated from a room especially constructed for the machine. Mrs. Green asked Mr. Gallagher about certain areas in the city that would be saturated as far as the crime picture was concerned. Mr. Gallagher indicated that specific areas had not been determined as yet. He briefly touched upon the census tract method and indicated that the Impact Plan would be released in less than a week. Mrs. Green indicated that these proposed areas were all black- concentrated areas and she felt there was just as much crime in other sections of town. Councilman Szymkowiak indicated that he wanted Mr. Gallagher to be recognized when Chairman Newburn indicated that Mr. Gallagher's presentation had taken a great deal of time and he did not want to have him speak further. Mr. Gallagher then indicated that the high -crime areas have been identified based upon statistics. He also indicated that he had no intention of forcing police protection on a particular neighborhood. He mentioned that this would be in conjunction with the high -crime areas in neighborhoods that wanted the protection. Miss Guthrie indicated that she had understood Mr. Gallagher to say that:most of the recruits to be hired would be replacements for the balance of the year, and she wondered if this was correct. Mr. Gallagher indicated that the department was down to 224 men and would be down lower with up- coming retirements. The replacements mentioned would only bring the department up to full com- plement, and it was hoped that the city could be up to 264 policemen by November 15. Councilman Serge indicated that he was concerned about the demolition of homes and substandard buildings, and he indicated this was a big problem in the community. Mr. Gallagher indicated that extensions of time are given on the demolishment of the buildings, with the average time being between-four and six weeks. He indicated to Councilman Serge that, if he forwarded a letter to him, he would see that Mr. Serge got some action on his particular request and hopefully the matter could be expedited right away. Councilman Szymkowiak indicated that he felt the public deserved the best and that the main issue was crime and drugs. He felt this was one of the reason why the citizens of South Bend had to live in fear in their own homes. He felt that, in order for the department operating and functioning properly, the Council should give them the tools and mone to work with. He mentioned that the Police Department was the army and the Fire Department was th navy and they are desperately needed. He recommended that, for the time being, the Council delete the amount of money appropriated for the survey in the Fire Department, and he requested a 10 to 15 minute recess to iron the matter out. Councilman Miller agreed with him. He indicated that REGULAR MEETING MARCH 26, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) the public safety appropriation was only about 12 of the revenue sharing budget, and he felt the $405,000.00 was justifiable. He indicated that, as a Councilman, he felt it his duty to evaluate and set priorities to his best judgment. He asked if, in the total terms of the revenue sharing package, anyone knew what the on -going costs would be. Mr. Gallagher indicated that next year, it was his plan to increase the money allotted for the Police Department. Councilman Miller indicated that, considering the state tax package, there would be at least $1,502,000.00 of on -going costs out of $1,675,000.00 and this did not take into consideration wages. He indicated that the Council was given a figure for on -going costs when it met in caucus. He indicated that next year, Mr. Gallagher would come in at $400,000.00, and he indicated he wanted some figures on that. He felt he could not justify the addition of 20 men at this time. He felt time was needed to evaluate the many fine changes that have been made recently in the department to determine how effectively they have worked and what must be done further to improve the efficiency of the department. He indicate he would rather stress the preventive nature of the crime situation rather than the reaction to crime. He sympathized with Mrs. Green. He indicated that he had previously suggested that the Police Department look for additional black appointments, and at that time, 15 out of 240 were black. He mentioned that selection is made on the basis of qualification, education and experience and that this was a policy decision which he felt could be argued. He felt that a black patrolman in a black neighborhood might be better qualified for that area than a white person who has had more training and experience. He felt that the percentage of black patrolmen should equal the pop- ulation. He indicated that he was in favor of the programs dealing with juveniles and drugs. He suggested that perhaps a drug treatment center for juveniles, as well as adults, should be set up on a county -wide basis. He indicated that he could not favor a system of hiring more policemen to simply react to the crime picture; he stressed the preventive nature. He also supported the budget on the Safety Department, and he indicated that the Council, in passing the cabinet bill, had many comments on the equipment that would be needed for that position; however, he indicated that he could not support the appropriation of $10,000.00 for this. He indicated that in Programs FA18 and FA19, the budgets were for a period of 12 months, and he felt these budgets should be decreased to a 9 -month period. He questioned the number of patrolmen in Program FA21. Mr. Gallagher indicated that many of these programs are predicated upon additional men and to decrease men at this time would only hamper the department. He mentioned that the department is ready to start team policing; secondly, there is a criminal justice fund available; and thirdly, there are cities that have experimented with black officers in black neighborhoods and the study shows that they are not completely satisfied. He suggested one black officer working with one white officer. He mentioned that Mr. O. C. Foster from the National Crime Prevention Bureau was going to be in South Bend for a few days this week starting Tuesday to speak at the Police Academy. He indicated that Mr. Foster's area was crime prevention, and he mentioned that the city will have money for a Crime Prevention Bureau. He felt that this budget was put to the minimum, and he was asking for money to start his office. He indicated that equipment must also be supplied to the police recruits. Councilman Parent, Chairman of the Council Public Safety Committee, briefly outlined further the recommendations of that committee and the reasons for the committee's actions. He indicated that the committee recommended the deletion of Program FA14 and Program FA20 because the interest which the city received from the revenue sharing funds practically offsets the cost of the money borrowe to purchase the fire trucks, and in FA20, the monies are requested to meet an anticipated deficit in Account P -12 and not for new educational incentive programs. He spoke briefly on each of the programs within the budget. He felt the Council could not expect a department to operate efficiently without money, and he expressed satisfaction with the impact that the Public Safety Department has already had on the community. Councilman Taylor indicated that, on the passage of the ordinance, by law the appropriation must come through the Mayor's Office. He mentioned that the Mayor did agree with some of the committee' recommendations, and he wondered if the Council could amend the ordinance at this meeting on the floor and if it would pass. Mr. James Roemer, City Attorney, indicated that.the Council could not increase the amount of the ordinance but cutting certain items would be proper in his opinion. He felt that, if the ordinance was increased, the Council would have to come back with a new ordinance Councilman Taylor indicated that a great deal of discussion centered around the additional police- men. He indicated that he has always stated that crime is a large problem and is not all a matter of police, courts, drugs, etc. He felt it was a combination of many things and he felt the picture of crime in South Bend was very clear. He mentioned that the city has approximately 1.9 policemen per thousand and that the city averages somewhat on the low side. He stressed the fact that he was not talking about a policeman on every corner. He mentioned the fact that the city has gone through five Police Chiefs in the last six years, and he hoped this would not continue. He felt the city was undermanned as far as the police force was concerned. The population of the people in the metropolitan area totalled 250,000 and this had an effect on the crime rate even though there was a sheriff's department and Mishawaka had a police force. He felt higher visibility was needed in the inter -city area, and he talked about the drug problem and burglaries possibly being related to this. He indicated that he had done, to the best of his ability, all he could. He stressed his support of the ordinance as amended because he felt the citizens deserved the best. Councilman Kopczynski asked Mr. Gallagher who owned the typewriter that was being used in his offic and Mr. Gallagher indicated it belonged to the Criminal Justice Unit. Councilman Kopczynski indicated that, when the office of Safety Director was established, there were statments made to the effect that there would be no money needed to keep the office going. Hr also briefly questione the travel expenditure, and Mr. Gallagher indicated that he hoped the city would reimburse him for his travel expenses. Councilman Kopczynski asked if the actual picture was required in relation to the picture taking of the substandard buildings, and Mr. Gallagher indicated that the picture is needed with the file. Councilman Kopczynski suggested that Mr. Gallagher look into the possibility of purchasing a 35 milimeter camera. He also mentioned, as far as the meeting being conducted at the Police Academy, by Mr. Foster, that the city did not want to copy the national programs because they might not work in South Bend. He indicated that most of these appropriations are investigating crime after it happens. He asked about the possibility of establishing a.center to keep the kids off the street before the crime happens. He felt consideration should be given to th whole appropriation for these various programs because some day, they would wind up on the city tax rate and the citizens would be taxed for it. Councilman Horvath indicated that he had attended four meetings that had been held on the revenue 'sharing distribution and crime was the important factors stressed again and again. He felt the money should be spent if it would help to reduce the crime. He.felt the Administration and the Safety Director had -come up with a fine presentation of the ordinance and programs involved. He !indicated that he only had one question in regards to the extra and overtime in Program FA17, and REGULAR MEETING MARCH 26r 19ZI COMMITTEE OF THE WHOLE MEETING (CONTINUED) he asked if this was based on 20 men. Mr. Gallagher indicated that it could be distributed for a different number of men on different nights. Councilman Horvath asked if this would be on a rotating basis, and Mr. Gallagher indicated that everyone would get a chance at this. Council President Nemeth indicated that his main concern was the addition of the 24 police recruit He mentioned that the city's tax rate may be frozen and, if these officers are needed and added, what would happen when the revenue sharing money runs out and the city has to assume this cost. He asked Mr. Gallagher about the comment made regarding inspection of houses every five years, and Mr. Gallagher indicated that Mr. Steed is, by law, required to inspect every house every five year Council President Nemeth indicated that perhaps Mr. Gallagher was not aware of the fact that previously the Council had felt the inspection of these homes was not necessary. Mr. Gallagher indicated that these funds were not requested for the inspection of houses that are semi - standard. It was requested for those that are obviously substandard. He mentioned that, at this time, the addition of $25,000.00 would only give the Substandard Building Department the facility to demolisli 25 to 30 houses. Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, indicated that it was decided that the house -to -house inspection was not feasible and that the request simply applies to the houses that are clearly substandard. Council President Nemeth then asked Mr. Gallagher if, before he took the position of Safety Director, he was aware of the compensation and Mr. Gallagher indicated that he was. Councilman Newburn indicated that he liked to study each department separately, and he indicated that he was not taking off on the Police Department. He felt that, at this particular time, the only way for him to clearly repre- sent the citizens would be to vote that some of these funds be held in abeyance. He saw no need for the survey in the Fire Department. He also felt it was difficult for a black man to get on the police force. He indicated that the citizens should be given the assurance that they will be given protection. Mr. Gallagher indicated to Councilman Newburn that, at one time, he had spoken on the morale and efficiency of the Police Department. He indicated that he was only asking for the tools with which to work and to keep the department the best in the country, as Councilman Newburn had previously stated. He indicated that he would guarantee results if the Council gave him the tools to effect those results. He indicated that, if the Council was not going to give him this material, he would not be able to make that guarantee. He again repeated that he would guarantee results if given the necessary tools. Councilman Kopczynski asked how many inspectors were coming from the Redevelopment Department, and Mr. Gallagher indicated there were three men. Councilman Serge brought up the matter of the minority in the police officers. Mr. Gallagher indicated that he would soon be releasing exact statistics on that. Hr further indicated that it normally takes 161,- years to become a superior officer on the police force. It takes 8 years for a black man. It normally takes 12 to 14 years for a sergeant, and black officers were appointed to a captaincy two years earlier than anyone els He mentioned that he would have these statistics and percentages on Tuesday. He indicated that some black officers were appointed after nine years of service and one was appointed after only two years of service. He mentioned that the second youngest captain is a black man. He indicated that every appointment date of every man on the police force has been tabulated, and it was proven that the black officer advanced earlier than any other white officer. Councilman Parent made a motion to amend the ordinance as follows: Delete Program FA14 "Payment of Fire Trucks ". Delete Program FA20 "Educational Incentive Pay for Police ". Reduce Program FA19 "Assistant Director of Computer Center" to $9,000.00. Amend the total appropriation to $313,000.00. Request preparation of another ordinance to appropriate at least $89,000.00 for public safety programs. Councilman Taylor seconded the motion. Councilman Szymkowiak requested a recess to discuss the matter. Discussion on the recess took place, and Councilman Miller indicated that.the Council could make a motion to adjourn for a recess when there is another motion on the floor. Mr. James Roemer, City Attorney, indicated that, once there is a motion on the floor, it is up to the chairman's discretion to allow the second motion. The motion to amend the ordinance carried. Councilman Miller and Horvath opposed. Councilman Taylor then made a motion to take a 10- minute recess, seconded by Councilman Miller. The motion carried. Recessed at 10:30 p.m. Reconvened at 10:40 p.m. Council President Nemeth made a motion to delete FA17 "Department of Public Safety" to consider at budget time, seconded by Councilman Miller. Councilman Parent indicated that he felt all these items were needed to implement the effectiveness of the department. A roll call vote was requested. The motion was defeated by a roll call vote of five nays (Councilmen Serge, Szymkowiak Parent, Taylor and Horvath) and four ayes (Councilmen Miller, Kopczynski, Newburn and Nemeth). Councilman Serge then recommended and made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Taylor. The motion carried. Councilmen Miller and Nemeth opposed. ORDINANCE AN ORDINANCE APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. (AS AMENDED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Barcome, Director of the Department of Administration and Finance, made the presentation for the ordinance. He indicated that, if the Council approved the appropriation, a very great array of information that would be accurate and complete would be provided. He outlined the specific areas in which data processing is being incorporated: Payroll processing, accounts payable and appropriation accounting. He mentioned that, in the payroll processing, six additional functions would be added: Vacation and sick leave summary by employee and department; separate federal projects payrolls for accounting reports; itemized and separate deduction accumulations for a running total of each employee's standard and special deductions; personnel data on each employee, such as his address, beginning and ending dat REGULAR MEETING MARCH 26 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) of employment, age and job classification; payroll expense distribution among the separate funds of the city; and a manning table or report to control the numbers of employees and their job classifications, salaries, and the year -to -date expenditures in those classifications. He mentioned that, in the accounts payable, three goals are presently planned: Providing all accounts payable checks on computer by June 1, 1973,providing distribution totals by department and fund, so that the department can accurately obtain appropriation balances; and providing an audit trail of paid claims by vendor and warrant number. He mentioned that, in the appropriation accounting, five projects are currently being developed: An accounting code to control fund, major and minor accoun classification, program and department records; complete budget control system; a general ledger report showing all detailed transactions for the current month; a trial balance report of the general ledger; and a monthly expense budget report to each department showing the current monthly and year -to -date expenditures vis -a -vis the authorized appropriation. Mr. Barcome indicated that the development cost of these new programs would be $15,538.00 and the operation cost would be $22,094.00 for a total of $37,632.00. In order to meet the costs involved, he requested $19,500.00 from the federal assistance grant monies. He indicated that, included in the request would be an appropriation for $30,500.00 for awards,_ refunds and indemnities because $10,000.00 out of $20,000.00 is all that remains. The $30,500.00 would be used for payment to Hickey Construc tion Company of which $22,000.00 would be used for that purpose, with $8,500.00 remaining. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the total amount was $37,000.00, and Mr. Barcome indicated that it was. Miss Guthrie asked if Mr. Barcome could look for a reduction in staff, and Mr. Barcome indicated that he would not guarantee that. Miss Guthrie questioned the Hickey matter and the approval of the addition by a change order. Mr. James Roemer, City Attorney, indicated that this was true and that there was a dispute between the contractor and the city and the contractor went ahead and did the work under written protest. Miss Guthrie asked about arbitration, and Mr. Roemer indicated that Hickey filed suit. Miss Guthrie felt this was a serious matter, and Mr. Marchmont Kovas, writer for the South Bend Tribune, asked if the suit was settled, and Mr. Roemer indicated that it was by a negotiated settlement based on the complete engineering and legal analysis. Mrs. Janet Allen, 125 West Marion Street, asked if there wasn't already an amount in the budget for this purpose. Mr. Barcome indicated that there was not and that some of the money was used from the parking garage land and acquisition fund. Councilman Kopczynski asked about computerizing the city -owned vehicles, and Mr. Barcome indicated that he hoped this would be done; however, more study was needed on that phase at this time. Council President Nemeth asked if this money would enable Mr.Barcome to complete the program, and Mr. Barcome indicated that this would take care of everything he had presented to the Council and was discussed. He added that there would be on- going costs of about $1,700.00 for the new programs for next year. Council President Nemeth questioned the Hickey matter, and Mr. Roemer indicated that this would be for settlement and claim accounting. He mentioned that this was discussed previously, and it was the responsibility of the Attorney's Office to settle these suits. He indicated that $10,000.00 out of $20,000.00 already has been used to settle cases and that at least another $10,000.00 is projected for the remaining nine months and this would probably not carry them through. He indicated that it was essential that this money be available because the only alternative the city would have would be to tell an individual or firm to sue. Council President Nemeth asked if the claims were getting higher, and Mr. Roemer indicated that he could not make any comparison but stressed the fact that he only had $10,000.00 remaining. Council President Nemeth asked about the average amount of the claims settle and Mr. Roemer indicated that he would guess that they range from $400.00 to $500.00 a claim. Councilman Szynkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 2813, 2817, 2821, 2901 and 2905 SOUTH MICHIGAN STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert Richardson from the Engineering Planning Services in Mishawaka made the presentation for the ordinance. He indicated that the petitioner desired to rezone five lots on Michigan Street for additional parking facilities. He mentioned that the zoning request had been granted pending approval of the site plan and this has been done. Council President Nemeth asked what had taken so long since the time of filing the original petition. He noted it was referred to the Area Plan Commission at the July 10, 1972, Council meeting. Mr. Douglas Carpenter of the Area Plan Commission presented a slide showing the area in question, and he indicated that the initial site plan for rezoning was approved subject to a site plan which requires that any stipulation have to be remedied before it comes to the Council. He explained that there was a problem with the entrances on Michigan Street, and the petitioners would use the existing alley and not have additional entrances on Michigan Street. Mr. Richardson indicated that there are two existing entrances now which would be widened. He mentioned that there was also a problem on site grading and draining; however, these have all been cleared with the Engineering Department. Councilman Serge asked if the Area Plan Commission had approved this, and Mr. Carpenter indicated that they had. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1973 CHEVROLET SERIES CE66003 CAB AND CHASSIS AND A COMBINATION DUMP BED AND HOIST, IN THE AMOUNT OF $5,210.00 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that the Bureau of Water had advertised for this particular piece of equipment and, as of February 5, they had received four bids. He further indicated that Gates Chevrolet in the amount of $5,210.00 was the lowest qualified bid. u 121 Dye j�,� COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND MORTGAGE AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO KOSZEGI LEATHER & VINYL PRODUCTS, INC. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. He indicated that Mr. Endre Koszegi desired expansion, additional land purchase and acquisition of new machinery and equipment at the present location on Chapin Street. He hoped to employ an additional 50 persons. Councilma: Horvath asked if this request for bonds was for another addition, and Mr. Fedder indicated that this is the same request in which negotiations were commenced on August 9, 1972. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE TO REPEAL ORDINANCE NO. 5417 -72, TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS, AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE GENTNER PACKING COMPANY, INC., PROJECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, introduced Mr. Kevin Butler, Attorney for Gentner Packing Company, for presentation of the ordinance. Mr. Butler explained that, as a matter of background, this would be phase 2 of the project. He mentioned that phase 1 ($500,000.00) was approved in August of 1972 At that time, he had indicated to the Council that he would be coming back for an additional $150,000.00. He mentioned that this project would benefit the community by increasing the employ- ment to 150 new employees. He indicated that Gentner is an active employer of minority groups and at present, employs 35 black, 25 white and 10 Mexican. Out of its present 80 employees, 72 are residents of the City of South Bend. He mentioned the benefit of increased production of head of cattle. He concluded by indicating that with this ordinance, the prior ordinance was to be re- pealed and he urged the Council to act favorably on this request. Mrs. Janet Allen, 125 West Marion Street, asked in whose name the property appears on the tax roll when these types of loans are given to firms and organizations. Mr. Butler indicated that this would appear for the county because it was not located within the city limits. Mr. Fedder indicated that he had checked into the matter, and when Council President Nemeth questioned the matter of the tax rolls, he indicated that the property is put in the city, or in this case the county's name; however, the taxes would be paid by the corporate lessee. Councilman Taylor asked if a waiver of annexation had been filed, and Mr. Butler indicated that he did not think so. He also indicated, for clarification, that Gentner was requesting a repeal of the original $500,000.01 and a consolidation of that with the $150,000.00 for a total of $650,000.00. Councilman Taylor fe. a waiver of annexation should be filed with the City Clerk. He then asked about the status of Gentner Packing as far as the stream is concerned and the Environmental Protection Agency. Mr. Butler indicated that Gentner Packing is in full compliance with these standards and it was also one firm out of only seven that were granted special permits from the Environmental Protection Agency for its production. Mr. Fedder indicated that he would obtain a waiver of annexation from Gentner Packing. Councilman Horvath questioned the property being in the city's name and not located within the city. Councilman Parent made a motion that the ordinance go to the Council as favorable, subject to the filing of a waiver of annexation, seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Kopczynski. The motion carried ATTEST: ATTE CITY CLERK C A REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 11:20 p.m., Council President Peter J. Nemeth presiding and nine members present. REPORT FROM THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the March 12, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth s/ Terry S. Miller Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Parent. The motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Horvath made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING MARCH 26 1973 REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE COMMITTEE ON LAW To the Common Council of the City of South Bend: Your Committee on Law to whom was referred an Ordinance appropriating $5,000.00 from the Federal Assistance Grant Fund, commonly referred to as General Revenue Sharing, for various legal programs, to be administered by the City of South Bend through its Department of Law, respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable. s/ Odell Newburn Chairman Councilman Kopczynski made a motion to accept the report as read and set the revenue sharing ordinance on the Department of Law for public hearing and second reading on April 9, 1973, seconde by Councilman Taylor. The motion carried. REPORT FROM DIRECTOR OF DEPARTMENT OF PARKS AND RECREATION Mr. James Seitz, Director of the Departments of Park and Recreation, made his quarterly report to the Council. He indicated that he wanted to speak on the organizational structure of the depart- ments, and also indicated that many citizens are not aware of the fact that the Park and Recreatio Departments are separate departments. He briefly explained the Park Department and its four - member board and the method of appointment. He indicated that the Park Commissioners have the authority to make all rules and regulations governing the Park Department and to hire all personne required to operate the Department of Public Parks. He indicated that the Park Department is primarily responsible for the construction, maintenance and budgeting of the park and recreation facilities and the Recreation Department is responsible for the programming of activities and events that take place in park and recreation facilities. He expressed his feeling that some thought should be given to the combination of the Park and Recreation Departments into one depart- ment. He indicated that each department depended on the other for the functioning and efficient operation of their programs. He explained that recently the Park Department hired a forester to be in charge of all tree removals and plantings on property under the control of the Board of Park Commissioners. He briefly explained the procedure a property owner must follow if he wished to remove a tree in the tree lawn area. He briefly touched upon the activities and responsibilities of the department: Newman, Kennedy, LaSalle, Howard and,the public Natatorium are the areas of maintenance of the recreation centers; there are three municipal golf courses under the juris- diction of the Park Department; construction of the Boland Park Shelterhouse has started; installa tion of playground equipment in several parks has been accomplished; completion of the rifle and pistol range at the Newman Center has been accomplished; the water safety instructors program is now underway; women's volleyball has ended, along with men's basketball; a baseball clinic has opened to Little League, Babe Ruth League, American Legion League, High School and Junior High coaches. He concluded his report by indicating that he felt the city's indoor facilities were busy places during the winter months and served the recreational needs of the citizens and that park maintenance crews keep the facilities in excellent condition for these programs. Council President Nemeth thanked Mr. Seitz for his presentation. Councilman Kopczynski indicated that he felt most of the city parks were located in a very small area of the city. He felt this was unequal distribution. Councilman Serge felt sure that when these facilities were originally set up, they were needed in that area. Councilman Kopczynski felt this should be corrected, and he indicated that every councilman knows the needs of his district. He wondered who determined this type of thing. ORDINANCES, SECOND READING ORDINANCE NO. 5491 -73 AN ORDINANCE APPROPRIATING $313,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. (AS AMENDED) This ordinance had second reading. Councilman Parent made a motion that the ordinance, as amended in the Committee of the Whole meeting, pass, seconded by Councilman Taylor. Councilman Newburn made a motion to amend the ordinance further by deleting Program FA15 "Survey of Fire Department." This motion lost due to lack of a second. The motion to pass, as amended, carried by a roll call vote of six ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski and Horvath) and three nays (Councilmen Miller, Newburn and Nemeth). ORDINANCE NO. 5492 -73 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. (AS AMENDED) This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one nay ( Councilma: Miller) . ORDINANCE NO. 5493 -73 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 2813, 2817, 2821, 2901 and 2905 SOUTH MICHIGAN STREET. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING MARCH 26x 19 11 IF REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5494 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1973 CHEVROLET SERIES CE66003 CAB AND CHASSIS AND A COMBINATION DUMP BED AND HOIST, IN THE AMOUNT OF $5,210.00. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5495 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND MORTGAGE AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO KOSZEGI LEATHER PRODUCTS, INC. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5496 -73 AN ORDINANCE TO REPEAL ORDINANCE NO. 5417 -72, TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS, AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE GENTNER PACKING COMPANY, INC., PROJECT. This ordinance had second reading. Councilman Parent made a motion to amend Section 6, page 3, of the ordinance to insert "and the filing of a written waiver of annexation ", seconded by Councilman Kopczynski. The motion carried. Councilman Kopczynski then made a motion that the ordinance, as amended, pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) . RESOLUTIONS RESOLUTION NO. 359 -73 A RESOLUTION FAVORING ADOPTION OF THE BOCA BASIC BUILDING CODE AS THE STATE -WIDE STANDARD BUILDING CODE, AS AMENDED. WHEREAS, the General Assembly of the State of Indiana, at its 1969 Session, enacted the Administrative Building Council Act of 1969, being Chapter 338 of the Acts of 1969 (Burns Sec. 20 -435 thru 20 -469); and WHEREAS, Section 32 of said Act provides that the Administrative Building Council created by said Act shall formulate a standard state -wide building code to become effective March 15, 1971, which, on said date shall have the effect of supplanting and replacing all existing building codes throughout the state; and WHEREAS, the Common Council has been informed that the Administrative Building Council, in special session on February 6, 1973, acted to abandon its own up -dated version of the present Rules and Regulations and issued instructions to the depart- ment staff to prepare the necessary drafts of amendments required to adopt a model code package; and WHEREAS, the Municipal City of South Bend and the Board of Commissioners of St. Joseph County have both adopted and been operating under the BOCA Basic Building Code, as amended, promulgated by the Building Officials and Code Administrators International since 1961; and WHEREAS, the Common Council is of the opinion that the BOCA Code has proven to be very satisfactory in operation, that it is more relevant to the State of Indiana, and the Midwest, than the other standard codes in use in other areas of the country, and that a switch to a different code at this time would produce much confusion and difficulty. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Council strongly favors adoption of the BOCA Basic Building Code, as amended, by the Indiana Administrative Building Council as the standard state -wide building code. SECTION II. That a copy of this Resolution be forwarded by the Clerk to the Indiana Administrative Building Council members, the State Building Commissioner, and to the Governor of the State of Indiana. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth briefly explained that the resolution simply favored adoption of the state -wide standard building code, as amended. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,ll Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING MARCH 26, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) II RESOLUTION NO. 360 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF H.B. 1476. WHEREAS, the cost of the police and fire pension funds is increasing; and WHEREAS, the Common Council is concerned about the cost of said pension plan to the property taxpayers; and WHEREAS, a bill has been introduced in the State House of Representatives designated H.B. 1476, which amends existing police and fire laws to provide that no policeman or fireman hired after July 1, 1973, shall be eligible to receive a pension benefit until the completion of at least 20 years of active service and the attainment of age 55; and WHEREAS, the Common Council desires to express its support of said H.B. 1476. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: SECTION I. The Council strongly favors passage of H.B. 1476. SECTION II. A copy of this resolution be forwarded by the City Clerk to the President of the Indiana Senate and the Speaker of the Indiana House of Representatives. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth President of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth indicated that, at present, there is a bill pending in the legislature to increase the cigarette tax by 2%. He indicated that the resolution before the Council supported a bill which would make a policeman hired after July 1 eligible to receive a pension after 20 years of service and the attainment of age 55. He indicated further that this was a necessity because of the increasing costs of the pension funds. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this would not put a crimp on the people going into the department. She felt it would make quite a difference. Councilman Parent indicated that there were some points that should be considered and he indicated he would like more time to study H.B. 1476. It was pointed out that the legislators would only be in session another 10 days or so, and Council President Nemeth indicated that, if the bill did not pass, there might be a serious problem. Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent abstaining. IIRESOLUTION NO. 361 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE FILING OF AMENDATORY APPLICATION FOR THE MAKING OF ADDITIONAL SECTION 115 REHABILITATION GRANT PAYMENTS FOR CODE ENFORCEMENT PROJECT INDIANA E -3. WHEREAS, the City of South Bend has entered into a contract dated February 14, 1972, with the Department of Housing and Urban Development of the Federal Government for the financing and carrying out of a Code Enforcement Project in the Northeast Neighborhood, said project being designated as "Project Indiana E -3 ". WHEREAS, for the satisfactory completion of said project, it has been found that additional Section 115 Rehabilitation Grant payments are needed for financing of the necessary rehabilitation in the area; and WHEREAS, it has been indicated to the City by the Department of Housing and Urban Development that additional Section 115 Rehabilitation Grant monies are available and that an Amendatory Application should be submitted requesting said grant payments. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that it hereby approves and directs that the Department of Redevelopment submit an Amendatory Application to the Department of Housing and Urban Development for Code Enforcement Project Indiana E -3. BE IT FURTHER RESOLVED that the Executive Director of the Department of Redevelopment is hereby authorized and directed to prepare said Amendatory Application and submit any and all documents to the Department of Housing and Urban Development, and be the corresponding agent for the City to the Department of Housing and Urban Development, and further that the Mayor of the City of South Bend is hereby authorized and directed to execute any and all documents and the Amendatory contract resulting herefrom. s/ Terry S. Miller Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, indicated that this was being done through a request by the federal government and was to be 100% reimbursable by the federal government. He indicated that this would be in the northeast section and has already been passed by the Redevelopment Commission. Councilman Kopczynski asked if $497,000.00 was the total cost of the project and how much of that amount the city would have to pay. Mr. Lennon indicated that it fluctuates upon the unemployment and is budgeted through the Department of Redevelopment. Councilman Kopczynski asked if this would increase from 25% to one - third, and Mr. Lennon answered that it would, depending on the unemploymen REGULAR MEETING MARCH 26, 1973 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Kopczynski wondered how many of these federal programs the City of South Bend could stand, and Council President Nemeth asked what the program was doing. Mr. Lennon explained that 95% to 980 of the homes in that area are decent homes and fall within the code enforcement areas. He mentioned that this was grant money and the City of South Bend does not pay any share of it. Council President Nemeth asked how much of this money went for staff and administration costs, and Mr. Lennon indicated that none of the money was for that purpose because the administrative and staff costs had already been approved as a budgetary item. He indicated that the approved federal grant was $445,000.00 with administration costs at $221,000.00, which covered a portion of this. He indicated that there were six projects. There was further discussion on the cost for adminis- trative duties and salaries. It was mentioned that the federal people are higher paid for the sam job than the city government people. Mr. Lennon indicated that, on the project itself, the tax- payer pays. Councilman Parent asked what was included in the administrative costs, and Mr. Lennon indicated that the Council had a breakdown of the salaries which included inspectors. Councilman Parent indicated that that would explain part of the reason why it was so high, and he recommended that the Council adopt the resolution because the program was in progress. Mrs. Janet Allen, 125 West Marion Street, indicated that, if the federal government had not been so slow, the program would have been completed five or six years ago. She indicated that the resolution asks for grant monies in order to bring the homes in that section up to the code enforcement requirements. Mr. Lennon indicated that he had received an additional $20,000.00 for each project, with this being loan money at no cost to the city. Councilman Miller asked if this required a matched amount, and Mr. Lennon indicated that it did not and that the department operated under an urban redevelopment revolving fund. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if Mr. Lennon meant that the redevelopment fund was the city fund, and Mr. Lennon indicated that he had not meant to make that implication. Mrs. Constance Green, 3217 West Dunham, indicated that,.with the cutback of federal money, it was stated that the project would not be completed unless the houses were inspected by a certain date, and Mr. Lennon indicated that because of this there would be quite a few houses that would not meet that deadline. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 362 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE FILING OF AMENDATORY APPLICATION FOR THE MAKING OF ADDITIONAL SECTION 115 REHABILITATION GRANT PAYMENTS FOR CODE ENFORCEMENT PROJECT INDIANA E -5. WHEREAS, the City of South Bend has entered into a contract dated February 14, 1972, with the Department of Housing and Urban Development of the Federal Government for the financing and carrying out of a Code Enforcement Project in the Model Neighborhood, said project being designated as "Project Indiana E -5 ". WHEREAS, for the satisfactory completion of said project, it has been found that additional Section 115 Rehabilitation Grant payments are needed for financing of the necessary rehabilitation in the area; and WHEREAS, it has been indicated to the City by the Department of Housing and Urban Development that additional Section 115 Rehabilitation Grant monies are available and that an Amendatory Application should be submitted requesting said grant payments. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that it hereby approves and directs that the Department of Redevelopment submit an Amendatory Application to the Department of Housing and Urban Development for Code Enforcement Project Indiana E -5. BE IT FURTHER RESOLVED that the Executive Director of the Department of Redevelopment is hereby authorized and directed to prepare said Amendatory Application and submit any' and all documents to the Department of Housing and Urban Development, and be the corresponding agent for the City to the Department of Housing and Urban Development, and further that the Mayor of the City of South Bend is hereby authorized and directed to execute any and all documents and the Amendatory contract resulting herefrom. s/ Terry S. Miller Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, indicated that this resolution involved the Model Cities area by Laurel Court and West Washington Street and also involved the same amount of money as the previous resolution. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath., Newburn and Nemeth). RESOLUTION NO. 363 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING JOHN ADAMS HIGH SCHOOL'S BASKETBALL TEAM. WHEREAS, the Common Council of the City of South Bend is desirous of recognizing and commending outstanding achievements on the part of citizens of the City of South Bend, and WHEREAS, John Adams High School's basketball team was runner -up in the Indiana High School Basketball Tournament, and WHEREAS, the Common Council believes that special recognition should be given to the many fine positive contributions of students from South Bend. REGULAR MEETING MARCH 26 1973 1IREGULAR MEETING - RECONVENED (CONTINUED) NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: SECTION I. That the Common Council, on behalf of the people of the City of South Bend, extends its congratulations and appreciation to John Adams High School's basketball team, coaches, students and fans for bringing recognition and honor to South Bend. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council of the City of South Bend and approval by the Mayor. s/ Terry S. Miller Member of the Common Council A public hearing was held on the resolution at this time. It was suggested that a copy of the resolution be sent to the school. Councilman Miller made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 11ORDINANCES, FIRST READING n OPTITATAN('T! AN ORDINANCE ESTABLISHING A CIVIC CENTER AUTHORITY. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on April 9, 1973, seconded by Councilman Taylor. The motion carried. 11 ORDINANCE AN ORDINANCE CREATING A CIVIC CENTER ENDOWMENT FUND. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on April'9, 1973, seconded by Councilman Kopczynski. The motion carried. iN-01.1"a 10VA"rib AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO MICHIANA BEVERAGES, INC. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on April 9, 1973, seconded by Councilman Taylor. The motion carried. II OPT)TNAN(`F AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SERGIO, INC. This ordinance had first reading. Councilman Serge made a motion that the ordinance be public hearing and second reading on April 9, 1973, seconded by Councilman Kopczynski. carried. II OPTITRTAAT('P.. AN ORDINANCE TO APPROPRIATE $123,750.00 FROM THE LOCAL ROAD AND STREET FUND AND $41,250.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 51 - SAMPLE STREET FROM MAYFLOWER ROAD TO GREENVIEW AVENUE. set for The motion This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on April 9, 1973, seconded by Councilman Parent. The motion carried. II OPnTATAAMV.. AN ORDINANCE TO APPROPRIATE $101,250.00 FROM THE LOCAL ROAD AND STREET FUND AND $33,750.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 54 - NORTH LAYFAYETTE BOULEVARD FROM LASALLE AVENUE TO NAVARRE STREET. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Kopczynski. The moti carried. II r),PnTNAMrR AN ORDINANCE TO APPROPRIATE $42,750.00 FROM THE LOCAL ROAD AND STREET FUND AND $14,250.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 58 - NORTH SIDE BOULEVARD FROM FRANCES STREET TO WAYNE STREET. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Kopczynski. The moti carried. it opnTNAMrF. AN ORDINANCE TO APPROPRIATE $250,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $200,000.00 FROM THE TOPICS FEDERAL AID FUND FOR PROJECT R & S 59 - MICHIGAN STREET AND MAIN STREET BETWEEN CHIPPEWA AVENUE AND SOUTH STREET. (This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for MARCH ii!!IR REGULAR MEETING - RECONVENED (CONTINUED) public hearing and second reading on April 9, 1973, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,700.00 FROM THE PARKING METER FUND TO ACCOUNT 241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AN ACCOUNT WITHIN THE PARKING METER DEPARTMENT BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND ROCKWELL MANUFACTURING COMPANY, PITTSBURGH, PENNSYLVANIA, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, to APRIL 1, 1974, IN THE AMOUNT OF $16,140.00. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Taylor. The mot carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HERSEY PRODUCTS, INC., AMETROL DIVISION, SPARTANBURG, SOUTH CAROLINA, FOR THE PURCHASE OF TWO THOUSAND (2,000) 5/8" WATER METERS FOR USE FROM APRIL 1, 1973, to APRIL 1, 1974, IN THE AMOUNT OF $66,040.00. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Taylor. The moti carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, to APRIL 1, 1974, IN THE AMOUNT OF $41,492.00. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND, INDIANA, AND A. H. CHOITZ & COMPANY, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE WHEEL LOADER BACKHOE MACHINE IN THE AMOUNT OF $13,500.00. This ordinance had first reading. Councilman Kopczynski indicated that this was a matter of importance and he made a motion that the ordinance be set for public hearing and second reading on April 9, 1973, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM APRIL 1, 1973, to APRIL 1, 1974, IN THE AMOUNT OF $19,774.50. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 23, 1973, seconded by Councilman Kopczynski. The moti carried. PRIVILEGE OF THE FLOOR Mrs. Janet Allen, 125 West Marion Street, expressed her feelings to the Council that the privilege of the floor should be moved up on the agenda so that the citizens could speak if they desired. She indicated that it was not fair to the citizens to let them speak last when, at meetings such as this one, time get so late. Council President Nemeth indicated that this should not prohibit the citizens from writing or calling their respective councilman if they so desired. Councilman Horvath indicated that it was only fair to take care of the department heads also. He indicated that it was something that the Council allowed the citizens to do, and he mentioned that he had seen the privilege of the floor go on quite long. Mrs. Allen felt that it could be controlled. Councilman Kopczynski suggested that perhaps the Council limit the time for the citizens to speak. Councilman Taylor indicated that on more than one occasion, the Council has had public hearings on ordinances that were quite important that had taken a long time and there was no time for the citizens to speak. Mrs. Allen felt that the Council should move up the privilege of the floor and allow a specific time for the citizens to speak. UNFINISHED BUSINESS Council President Nemeth indicated that an ordinance amending the zoning ordinance of the City of South Bend, which was referred to the Area Plan Commission on December 4, 1972, should be stricken from the record. Councilman Taylor made a motion that the ordinance be stricken, seconded by Councilman Kopczynski. The motion carried. 2174 REGULAR MEETI REGULAR MEETING - RECONVENED (CONTINUED) Councilman Parent indicated that there was some urgency on hiring an architect for the Civic Cent therefore, he moved that the revenue sharing ordinance on the Civic Center appropriation be set for public hearing and second reading on April 9, 1973, seconded by Councilman Taylor. There was discussion on the request asked of the Mayor on increasing the appropriation, and Councilman Mill questioned the legality of taking the matter from the committee to the floor. Mr. James Roemer, City Attorney, indicated that he could speak for the Mayor on the Council's request for an increa in the appropriation, and he felt sure that the Mayor would not approve the request. A roll call vote was requested. The motion carried by a roll call vote of five ayes (Councilmen Serge, Szymkowiak, Parent, Taylor and Horvath) and four nays (Councilmen Miller, Kopczynski, Newburn and Nemeth) . Because of the number of public hearings to be heard on April 9, 1973, Councilman Kopczynski made a motion that the Common Council meeting be re- scheduled for 7:00 p.m., rather than the usual 8:00 p.m., seconded by Councilman Szymkowiak. The motion carried. There being no further business, unfinished or new, to come before the Council, Councilman Horvath made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 12:25 p.m. ATTEST: N +++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + ± ?f +. + + +*'_