07-13-15 Common Council Meeting Minutes

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REGULAR MEETING JULY 13, 2015 that the City Administration collaborate with the Common Council in protecting the public interests by complying with South Bend Municipal Code § 17 -64 addressing `Bi- Annual Financial Statement and Report Required; Quarterly Report Filed with the Common Council's Utility Committee ". Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor Derek D. Dieter, Council Member at Large South Bend Common Council Vice - President Karen L. White, Council Member at Large Common Council Committee of the Whole Chairperson Tim Scott, Council Member at Large South Bend Common Council President 1gJk61t.• '° ° °eddus da�°� , —901,5 Office of the City Clerk Pete Buttigieg, Mayor of South Bend Councilmember Dr. David Varner, Chairperson, Utilities Committee met this afternoon and send bill 15 -64 to the full Council favorably. Presenter: Councilmember Derek Dieter— On June 22 °d, this council and committee meeting were informed by Eric Horvath, the Director of Public Works that the city does not have any policy regarding companies who are currently under investigation both criminal and civil. I think all Councilmembers in attendance were shocked that the policy did not exist. Therefore, this resolution, states to include suspension provisions for entities doing business within the city. At this time I believe the Public Works department and Eric Horvath through the board of Public Works has taken some of our suggestions. We still have not received the final draft, is that correct? Council Attorney Kathy Cekanski- Farrand commented the final draft was approved by the board last Thursday at an agenda session. So that is as final as it is right not. Councilmember Dieter continued, again this subject matter involves public trust. I find it unconscionable that there was no a policy when the city of South Bend is sending contracts and doing business with companies around South Bend. There was no background check or checks on companies who by admission of Mr. Horvath is now under investigation. The current company, so the Mayor did leave so we can't get an update on that. Who is representing the administration? Can you elude to the company that this was referred to? Are they under investigation by state police or the FBI? (Mayor Administrator responded we usually don't give that information out) Again to me that is a problem because this information was brought to us in spring of 2013. The council referred it to someone (I'm not blaming the people sitting here), for us and the taxpayers not to know if the state police or FBI is investigating we need to know that. Especially when the bid process happens at the Board of Works. Everybody in this room needs to know that, especially at this point with council. This is a revolution that started this process, once we formulate and get the final information I'm going to make the suggestion that not only goes to just entities regarding estimates for sewer work but it goes to every contract and bid that gets offers from South Bend. It is just beyond me of how that has existed over the years. That we don't know, and we don't check, or someone is investigating someone else. That is the purpose of this resolution and I hope to get support from this council. Councilmember Davis, Jr. — So Mr. Dieter you mean to tell me that if I apply for a job in the city of South Bend and do solid waste, I go through a background check and screen but if I bid on a contract for public dollars and am awarded it I am not investigated the same way although I'm 03